Ord 90-0380072.15010
JDW/naa
02/20/90
ORDINANCE NO. 90-38
AN ORDINANCE OF THE CITY� OF FEDERAL WAY,
WASHINGTON, ADOPTING A SHORELINE MASTER PROGRAM
FOR THE SHORELINE5 LOCATED WITHIN THE CITY
WITHIN THE JURISDICTION OF THE SHORELINE
MANAGEMENT ACT OF 1971, RCW CHAPTER 90.58, AS
THE SAME EXISTS OR MAY HEREAFTER BE AMENDED,
AND THE SHORELINE MANAGEMENT GUIDELINES AS
FROVIDED IN WAC 173-14; ADOPTING A MASTER
PROGRAM; ESTABLI5HING SHORELINE ENVIRONMENTS
AND SHORELINE USE ACTIVITIES; ADOPTING RELATED
SHORELINE RULES AND REGULATIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WA5HINGTON,
DO ORDAIN A5 FOLLOWS:
5ection 1. The 5horeline Master Program and
Shoreline Management ordinance as set forth in Exhibit A is,
pursuant to RCW Chapter 90.58, hereby adopted as the Shoreline
Master Program and Shoreline Management Regulations for the City
of Federal Way.
Section 2. If any section, sentence, clause or
phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
5ection 3. This ordinance shall be transmitted to
the Washington State Department of Ecology pursuant to RCW
Chapter 90.58, and the Master Program shall become effective when
JDW007450
-1- ORIGINAL
adopted and approved in accordance with the provisions of RCW
_Chapter 90.58.
PASSED by the city council of the city of Federal Way
this 27th day of
February, 1.990.
CITY OF FEDERAL WAY
rjJ.¡ 1, A ~ (?, 11.1
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
A-k L<1~ t2. '12J! d.
CITY CLERK, DELORES MEAD
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BL&-YY uJv.u---.--
FILED WITH THE CITY CLERK: February 21., 1.990
PASSED BY THE CITY COUNCIL: February 27, 1990
PUBLISHED: March 2, 1990
FILED WITH THE WASHINGTON STATE DEPT. OF ECOLOGY: March 5, 1.990
EFFECTIVE DATE: Upon approval by Dept. of Ecology
ORDINANCE NO. 90-38
JDWO07450
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Number pages
Page 1.
Page 1.
Page 1.
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Page 4.
KLSIO4200227.MIS
CITY OF FEDERAL WAY
SHORELINE MANAGEMENT ORDINANCE
ERRATA
February 27, 1990
Line 1, Change "CHAPTER" to "TITLE".
Section 24.30.10, Line 4, delete words "Planning and".
Section 24.30.20, Line 2, delete words "Planning and".
Section 24.40, Line 2, delete words "Planning and".
Section 24.100 (B), revise sentence to read:
"A use or development, not conforming to existing regulations, which is destroyed
deteriorated, or damaged more than seventy-five percent (75%) of its present fair
market value may be reconstructed only consistent with regulations set forth in this
chapter."
1
TITLE 24 SHORELINE MANAGEMENT
24.10
Pur:pose and Authoritv
The City of Federal Way adopts these regulation under the authority of the
Shoreline Management Act of 1971, RCW 90.58, as amended, and the Shoreline
Management Guidelines, WAC 173-14.
24.20
Shoreline Master Program
.10 The City adopts by reference the following portions of King County
Ordinance No. 3692,. Shoreline Master Program (Goals, Objectives and
Policies); one copy of which is on file with the Office of the City Clerk:
A Master Program Elements
B. Shoreline Environments
C. Shoreline Use Activities
.20 The City adopts by reference portions of the King County Code, Title 25,
Shoreline Management as follows; one copy of which is on file with the City
Clerk:
Chapter 25.04, Purpose-Title-Scope
Chapter 25.08, Definitions
Chapter 25.12, Environment Designations
Chapter 25.16, Urban Environment
Chapter 25.20, Rural Environment
Chapter 25.24, Conservancy Environment
Chapter 25.28, Natural Environment
24.30
Jurisdiction
.10 The provisions of this chapter shall apply to all development proposed within
the areas defined as shorelines in RCW 90.58.020( d), and shorelines of
statewide significance in RCW 90.58.030(e). The approximate location of
these shorelines shall be designated on maps maintained by the Department
of Co=unity Development; however, the property owner or applicant shall
be responsible for determining the exact location of the shoreline when a
permit is filed.
.20 No development shall be undertaken by any person on the shorelines of the
state without obtaining a substantial development permit from the
-ex ~è-t 14'>
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Department of Co=unity Development; provided, that a permit shall not
be required for development exempted from the definition of substantial
development in RCW 90.58.030 and for developments exempted by RCW
90.58.140(9) and (10).
24.40
Application and Public Notice
An application for a substantial development permit shall be made to the
Department of Co=unity Development on forms prescnlJed by the Department.
Upon submittal of a complete application, and required fees, the Department shall
instruct the applicant to publish notices of the application at least once a week
on the same day of the week for two consecutive weeks in a newspaper of general
circulation within the City. The applicant shall also provide additional public
notice as prescribed in Chapter 150, Process IT of the Zoning Code.
24.50
Procedure for Review
The substantial development permit shall be reviewed under the provisions of
Chapter 145, Process I of the Zoning Code, and the Director of Community
Development shall be the final approval authority for the permit.
24.60
Shoreline Variance
.10 The purpose of a shoreline variance is to grant relief to specific bulk,
dimensional or performance standards set forth in the Shoreline Master
Program, and 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.
.20 When a variance is requested, the substantial development permit and the
variance shall be reviewed under the provisions of Chapter 150, Process II
of the Zoning Code, and the Hearing Examiner shall be the final approval
authority.
.30 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:
24.70
d
A That the strict requirements of the bulk, dimensional or performance
standards set forth in the Master Program precludes or significantly
interferes 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; and
That the public interest will suffer no substantial detrimental effect.
E.
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
marshes, bogs or swamps.
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.
.40 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.
Conditional Uses
.10 Conditional use permits are allowed 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 RCW 90.28, particularly
where denial of the application would thwart the policies of the Shoreline
Management Act.
24.80
1
.20 When a conditional use is requested, the substantial development permit and
the conditional use shall be reviewed under the provisions of Chapter 155,
Process ill of the Zoning Code, and the City Council shall be the final
approval authority.
.30 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 City Council to prevent undesirable
effects or mitigate environmental impacts of the proposed use.
040 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 master program;
B. The use will not interfere with normal public use of surface waters.
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.
That the public interest will suffer no substantial detrimental effect.
E. That consideration has been given to cumulative impact of additional
request for like actions in the area.
.50 Other uses not set forth in the Shoreline Master Program may be authorized
through a conditional use permit if the applicant can demonstrate that
extraordinary circumstances preclude reasonable use of the property, however,
uses specifically prohibited by the Master Program may not be authorized.
Final Approval of Substantial Development Permits
.10 The Director of the Department of Planning and Community Development
shall notify the following agencies or persons within five days of the .final
approval of a substantial development permit and any variances or
conditional uses granted:
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A The applicant;
B. The Washington State Department of Ecology;
C. The Washington State Attorney General;
D.
My person who has submitted written comments on the application.
E. AIly person who has requested notification in writing prior to final
approval of the permit.
.20 No work may co=ence on a site requiring a substantial development permit
until 30 days following the date of receipt of the substantial development
permit by the Washington State Department of Ecology, and written
notification has been received from the Department of Ecology that the
review period has been completed.
24.90
Combined Hearing: Authority
In those cases when development proposed in the shorelines may require a public
hearing under the authority of other chapters of the Municipal Code, the hearings
may be combined.
24.100 Alteration or Reconstruction of Nonconformine Use or Development
A
Applications for substantial development or building permits to modify a
nonconforming use or development may be approved only if:
1. The modifications will make the use or development less nonconforming; or
2. The mòdifications win not make the use or development more
nonconforming.
B.
A use or development, not conforming to existing regulations, which is
destroyed, deteriorated, or damaged more than 75% of its fair market value
at present may be reconstructed omy consistent with regulations set forth in
this chapter.
1'"-
August 2, 1977
Introduced by:
BER,'W::: ST~r:N
78-5'3
ORDINANCE NO. 3692
AN ORDINANCE relating to Shoreline Management, adopting the
goals. objectives and policies of the Master Program as an
addendum to the Comprehensive Plan.
BE IT ORDAJNED BY THE COUNCIL OF KING COUNTY:
SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the
goals, objectives and policies of King County's Shoreline Master Program, as
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required by the Shoreline Management Act of 1971. RCW 90.58. for all areas
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subject to the jurisdiction of King County. The council (inds that the master
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program has been developed in a manner consistent with the provisions of the
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Shoreline Management Act, including 10 of the Act (RCW 90.58.100), and
14 the State Environmental Policy Act. RCW 43.21C, through the utilization of
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county departments. other public agencies. a Citizens Advisory Committee. the
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Environmental Development Commission. other members of the public and all
171 available and relevant plans. studies. surveys and inventories. The council
18 further finds that adequate public hearings on this ordinance have been held
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after proper notice given and that the Department of Ecology has completed
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review of the ~Iaster Program as required by RCW 90.58.090 and has approved
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the goals. policies and objectives of the Master Program.
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SECTION 2. ADOPTION. The policies. objectives and goals of the Shoreline
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Management Master Program, attached. are adopted as an addendum to the
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Comprehensive Plan for King County. As an addendum to the Comprehensive
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Plan, such policy statements constitute the official policy of King County
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regarding areas of the County subject to shoreline management jurisdiction.
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SECTION 3. SEVERABILITY. If any provision of this ordinance or the
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Master Program hereby adopted or its application to any person or circumstances
291
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Is declared unconsitutlonal or invalid for any reason, such decision shall not
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affect the validity of the remaining portions of this ordinance or the Master
Program. ",L
INTRODUCED AND READ for the first time this ~~
of r( ~/. 1978
PASSED this 1$ day or ~ . 197%.
KING COUNTY COUNCIL
KING COUNTY. WASHINGTON
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Chairman
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ATTEST: ,
(;.~-:-;;:;'5ct:,~lL,-- DEPUTY
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APPROVED this ~ day or
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The houses know about riverside living,
Even the modern weekend summertime
places have learned. The old houses,
the very old houses that were built of
cedar shake and lodgepole by the first
settlers at the turn of the eighteen-
hundreds, were long ago jacked up and
dragged back from the bank by borrowed
teams of horses and logging oxen. Or,
if they were too big to move, were
abandoned to tip headlong into the
water as the river sucked away the
foundations.
o..~ l;Æ~~J
Many of the settlers' houses were lost
this way. They had all wanted to
build along the river's edge in those
first years, for convenience's sake,
to be close to their transportation,
their "Highway of Water," as the
river is referred to frequently in
yellowed newspapers in the Wakonda
Library. The settlers had hurried to
claim bankside lots, not knowing at
first that their highway had a habit
of eating away its banks and all that
those banks might hold. It took these
settlers a while to learn about the
river and its habits.....
A while to learn about the river and
to realize that they must plan their
homesites with an acknowledged zone
of respect for its steady appetite;
surrender a hundred or so yards to
its hungry future. No laws were ever
passed enforcing this zone. None were
needed.
--Ken Kesey in Sometimes a
Great Notion
'c...'
TABLE OF CONTENTS
Page
I. MASTER PROGRAM ELEMENTS
Shoreline Use Element
Economic Development Element
Public Access Element
Conservation Element
Recreation Element
Historical/Cultural Element
Circulation Element
Residential Element
1
2
5
8
10
12
13
15
II. SHORELINE ENVIRONMENTS
Urban Environment
Rural Environment
Conservancy Environment
Natural Environment
18
19
20
21
III. SHORELINE USE ACTIVITIES
Agriculture
Aquatic Resource Practices
Forest Management Practices
Commercial Development
Pleasure Boat Marinas
Mining
Outdoor Advertising Signs and Billboards
Utilities
Ports and Industries
Breakwaters
Jetties and Groins
Landfill
Solid Waste
Dredging
Shoreline Protection
Transportation Facilities
Piers and Moorages
Recreation
Residential Development
22
24
26
27
28
30
31
31
33
34
35
36
37
38
38
40
41
43
45
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~!ASTER PROGRAM ELEMENTS
The Shoreline Management Act of 1971. identifies seven land and water use
elements that are to be dealt with in the development of areawide shoreline
goals. They include: shoreline use. economic development. public access.
conservation. recreation. historical/cultural and circulation. Master
Programs are also encouraged to include any other elements which, because
of present uses or future needs. are deemed appropriate to effectuate the
policy of the Act.
Residential land use of shorelines of the state in King County makes up the
largest share of the developed shorelines in the County. Much of the
undeveloped shoreline is in private ownership. subdivded into small lots
and presently zoned to allow for residential use. Because of present and
future needs of residential shoreline use. goals and policies have been
formulated as part of a residential element to guide and plan for that develop-
ment.
The following comprehensive set of shoreline goals provide the foundation
and framework on which the balance of the Master Program has been developed.
These goals and policies are reflective of the level of achievement believed
to be intrinsically desirable for all shoreline uses, needs and developments.
and establish a program policy commensurate with the intent and objectives
of the Shoreline Management Act.
-'
SHORELINE USE ELEMENT
An element which deals with the distribution. location and extent of: 1) the
use of shorelines and adjacent areas for housing, commerce. industry.
transportation. public buildings and utilities. ap-iculture, education and
natural resources. 2) the use of the water for aquaculture. recreation and
transportation. and 3) the use of the water, shoreline and uplands for other
categories of land and water uses and activities not specified in this Master
Program.
GOAL: PRESERVE OR DEVELOP SHORELINES. ADJACENT UPLANDS
AND ADJACENT WATER AREAS IN A MANNER THAT ASSURES A
BALANCE OF SHORELINE USES WITH MINIMAL ADVERSE EFFECT
ON THE QUALITY OF LIFE. WATER AND ENVIRONMENT.
C bjectives
1. Shoreline land and water areas particularly suited for specific and
appropriate uses should be desi¡r,nated and reserved for such uses.
2. Shoreline land and water uses should satisfy the economic. social and
physical needs of the regional population. but should not exceed the physical
carryin[2' capacity of the shoreline areas.
3. Where appropriate. land and water uses should be located to restore
or enhance the land and water environments.
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4. Location of new development shall be prioritized as follows:
a. First priority should be given to those uses which are shoreline
dependent and will have no adverse effect on the land and water
environment.
b. Next priority should be given to those uses which are shoreline
dependent and which will have minimal adverse effect on the land
and water environment.
c. Next priority should be given to those uses which are shoreline
dependent which may have significant adverse effect on the land
and water environment.
d. Next priority should be given to those uses which are shoreline
dependent and which may have a substantial detrimental effect on
either the land or water environment.
e. Lowest priority should be given to those uses which are not
dependent on the shoreline.
5. Like or compatible shoreline uses should be clustered or distributed
in a rational manner rather than be allowed to develop haphazardly.
6. Multiple uses of shoreline should be encouraged where location and in-
tegration of compatible uses or activities are feasible.
7. Unique and fragile areas of the shoreline should be protected from uses
or activities that will have an adverse effect on the land or water environment.
8. Non-residential uses or activities which are not shoreline dependent
should be encouraged to locate or relocate away from the shoreline.
9. King' County shall consider the goals. objectives and policies within
the Shoreline Master Program in all land use management actions reg-ard-
ing the use or development of adjacent uplands or the water areas. adjacent
uplands and associated wetlands or streams with less than 20 cubic feet per
second mean annual flow within its jurisdiction where such use or develop-
ment will have an adverse effect on designated shorelines.
ECONOMIC DEVELOPMENT ELEMENTS
An element which deals with the location and desig-n of those industries.
fisheries. transportation facilities. port and tourist facilities. commerce
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and other developments that are uniquely dependent upon the shoreline and
water access.
GOAL: SHORFLINE DEPENDENT DEVELOPMENT SHOULD PROVIDE
LONG RANGE BENEFIT TO MAN AND HIS ECONOMIC Pt'RSUlTS
WHILE ASSURING COMPATIBILITY WITH THE ENVIRONMENTAL
AND PHYSICAL GOALS FOR SHORELINE AREAS.
Objectives
1. Rather than being dispersed, shoreline industry and commerce should
be encouraged to locate in present publicly indentified and developed areas
to the extent of the land and water carrying capacity .
Policy 1 -
Policy 2 -
Policy 3 -
Policy 4 -
Policy 5 -
Policy 6 -
To relieve stress on less developed areas. new industry
and commerce should be encouraged to locate in intensive
use areas which can be upgraded and redE'veloped.
New economic development should be encouraged to cluster.
Economic development should be designed to minimize
actual shoreline space occupied.
Economic development involving hi¡;h intE'nsity commercial
land use should be confined to Urban Enironments .
Economic uses and activities should place inland all non-
shoreline dependent E'lements. Those non-shorelinE' dependent
uses which are allowed to remain may have moderate modi-
fication and reconstruction.
Cooperative use of docking. parking. cargo handling and
storage facilities should be encouraged.
2. Shoreline economic development should provide public physical and visual
availability to the water. consistent with public health and safety.
Policy 1 -
Policy 2 -
Overlook points. historic areas. structures and points
of public access to the waterfront should be incorporated
in industrial site planning.
Port facilities should be designed to permit viewing of
harbor areas by means of viewpoints, waterfront restaurants
and similar public facilities that would not interfere with port
operations.
3. Shoreline economic development which may have significant or substantial
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detrimental effect on either land or water environment should be constructed
and operated in a manner to minimize these effects.
Policy 1 -
Policy 2 -
Policy 3 -
Policy 4 -
Policy 5 -
~,Ø
New development should minimize temperature changes.
accumulation of debris. bank erosion. turbidity and other
changes in water quality .
During excavation and other erosion and sediment activities.
appropriate sediment control procedures and devices should
be used to protect the watercourse.
Structures placed in the water for economic purposes
should be designed to minimize obstruction to natural
circulation and movement of water. sediments and indigenous
aquatic life.
Economic development should be prohibited in identified
unique and fragile areas.
Economic development which reduces water surface or
flood plain storage capacity should not be permitted.
except where a shoreline dependent use serves an
overriding public interest. the flood hazard is not
increased. and there are no reasonable alternative con-
struction sites.
4. Whenever feasible. waterfront economic sites should be planned so as
to provide multiple uses of the shorelines of the state.
Policy I -
Policy 2 -
Policy 3 -
Consistent with public safety. waterfront industrial
developments should be encouraged to provide fishing
piers. use of artificial reefs. boat ramps and other
facilities.
To lessen competition for landed sites. pens and structures
for commercial aquaculture should be located away from
Class I beaches.
In siting economic development. that which is shoreline
dependent should be given priority over economic develop-
ment that is water-oriented.
5. Priority should be given those shoreline economic developments which
maintain options for future users of the water.
Policy 1 -
Economic activity which converts shoreline resources
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to irreversible uses should be minimized.
6. Tidelands. shorelands. beds and waters especially valuable for aqua-
culture or natural production of fish or shellfish should be publicly identified
and protected.
Policy 1 -
Policy 2 -
Policy 3 -
King County support should be given to State Departments
of Game and Fisheries to improve stream conditions and
open new spawning areas.
Development of all fisheries for commercial and recrea-
tional applications should be encouraged.
Mining. dredging. channelizing or filling of these shoreline
areas should be discouraged.
7. Priority should be given shoreline economic development of renewable
over non-renewable resources.
Policy 1 -
Policy 2 -
Policy 3 -
To maintain a long range economic base in King County.
economic developtnent in shoreline recreation. fisheries,
silvaculture and agriculture should be encouraged.
Prompt and effective regeneration should be accomplished
after harvest to assure a sustained yield.
Mining and other resource extraction should be dis-
couraged in waterbodies and shoreline areas.
PUBLIC ACCESS ELEMENT
An element making provision for public access to publicly-owned shorelines
and assessing the need for providing public access to shoreline areas.
GOAL: INCREASE PUBLIC ACCESS TO SHORELINE AREAS PROVIDED
THAT PRIVATE RIGHTS, PUBLIC SAFETY AND THE NATURAL SHORELINE
CHARACTER ARE NOT ADVERSELY AFFECTED.
Objectives
1. Access development should respect and protect the enjoyment of private
rights in shoreline property.
Policy 1 -
Shoreline access areas should be planned to include
ancillary facilities such as parking and sanitation when
appropriate.
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Policy 2 -
Shoreline access and ancillary facilities should be designed
and developed to provide adequate protection for adjacent
private properites.
(~è
2. Public access should be maintained and regulated.
Policy 1 -
Policy 2 -
Policy 3 -
Public access should be policed and improved consistent
with intensity of use.
The provision to restrict access as to nature. time. number
of people and area may be appropriate for public pedestrian
easements and other public access areas where there are
spawning grounds. fragile aquatic life habitats or potential
hazard for pedestrian safety.
Facilities in public shoreline access areas should be properly
maintained and operated.
3. Design of access should provide for the public health. safety and enjoyment.
Policy 1 -
Policy 2 -
Policy 3 -
Appropriate signs should be used to designate publicly-
owned shorelines.
Within the shoreline environment pedestrian and non-
motorized access should be encouraged.
Public access to and along the water's edge should be
available in publicly-owned shorelines that are tolerant
of human activity .
4. Priority for access acquisition should consider resource desirability.
availability and proximity of population.
Policy 1-
A shoreline element in the parks acquisition and develop-
ment program should be encouraged so that future shoreline
access is acquired and developed by established criteria
and standards as part of an overall master plan.
5. Public access should be provided in new shoreline development.
Policy 1 -
Policy 2 -
There should be incentives to encourage private property
owners to provide shoreline access.
Public pedestrian easements should be provided in future
land use authorizations and in the case of King County
projects along lakes. rivers. streams. ponds and marine-
lands whenever shoreline features are appropriate for
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public use. Shorelines of the state that include but are
not limited to any of the following conditions should be
considered for pedestrian easements:
a. Where a proposed trail in the King County Trail System
utilizes a route along the shoreline.
b, Areas of significant. historical. geological and/ or
biological circumstances.
c. Areas presently being legally used or historically
having been legally used by the public along the shore-
line for access.
d. Where public funds have been expended on or related to
the waterbody.
6. Shorelines of the state should be available to all people for sensory
gratification.
Policy 1 -
Policy 2 -
7. General Policies:
Policy 1 -
Policy 2 -
Policy 3 -
Policy 4 -
Policy 5 -
Viewpoints. lookouts and vistas of shorelines of the state
and wetlands should be publicly accessible.
New developments should minimize visual and physical
obstruction of the water from shoreline roads and upland
owners.
Where appropriate. utility and transportation rights-of-way
on the shoreline should be made available for public access
and use.
Publicly-owned street ends which abut the shoreline should
be retained and/or reclaimed for public access.
Shoreline recreational facilities and other public access
points should be connected by trails. bicycle pathways
and other access links where appropriate.
Public pedestrian easements and access points should be
of a nature and scale that would be compatible with the
abutting and adjacent land use as well as natural features
including aaquatic life.
Access development should respect and protect ecological
and aesthetic values in the shorelines of the state.
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CONSERVATION ELEMENT
An element which deals with the preservation of natural shoreline resources.
considering but not] imited to such characteristics as scenic vistas. parkways.
vital estuarine areas for fish and wildlife protection. beaches and other valuable
natural or aesthetic features.
GOAL: ASSURE PRESERVATION OF UNIQUE AND NON-RENEWABLE
NATURAL RESOURCES AND ASSURE CONSERVATION OF RENEWABLE
NATURAL RESOURCES FOR THE BENEFIT OF EXISTING AND FUTURE
GENERATIONS AND THE PUBLIC INTEREST.
Objectives
1. Shoreline's which are of unique or valuable natural character should
be acquired for public benefit commensurate with preservation of the
ecosystem.
Policy 1 -
Policy 2 -
Unique and fragile areas in shoreline areas should be
designated and retained as open space. Access and use
should be restricted or prohibited when necessary for
their preservation.
When appropriate. King County should acquire those
shoreline areas which are unique or valuable. Subsequent
use of such areas should be governd by their ecolo¡;ical
carrying capacity.
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2. All renewable natural resources should be managed so that use or con-
sumption does not exceed replenishment.
Policy 1 -
Policy 2 -
In shoreline areas. after logging operations have been
completed. reforestation or other planting should be under-
taken and completed within one year whenever possible.
Through policies and actions. King county should encourage
the management and conservation of fish. shellfish. wildlife.
timber and other renewable resources.
3. Resource conservation should be an integral part of shoreline planning.
Policy 1 -
When feasible. King County should initiate pro¡;rams to
reverse any substantial adverse impacts caused by existing
shoreline development.
-8-
Policy 2 -
-"«)
All future shoreline development should be planned, designed
and sited to minimize adverse impact upon the natural shoreline
environment.
4. Scenic, aesthetic and ecological qualities of natural and developed shorelines
should be recognized and preserved as valuable resources.
Policy 1 -
Policy 2 -
Policy 3 -
Policy 4 -
When appropriate, natural flora and fauna should be
preserved or restored.
In shoreline areas, the natural topography should not be
substantially altered.
Shoreline structures should be sited and designed to minimize
view obstruction and should be visually compatible with the
shoreline character.
Wildlife and aquatic habitats, including spawning grounds,
should be protected, improved. and, if appropriate, increased.
5. Resources should be managed to enhance the environment with minimal
adverse effect.
Policy 1 -
"',
Policy 2 -
Policy 3 -
Policy 4 -
Policy 5 -
. "
Agriculture. aquaculture. and silvaculture in shoreline
areas should be conducted with all reasonable precautions
to insure the preservation of the natural character and
quality of the shoreline.
Shoreline activities. and developments should be plan-
ned. constructed and operated to minimize adverse effects
on the natural processes of the shoreline, and should maintain
or enhance the quality of air. soil, and water on the shorelines.
Consumptive and extractive industries should allow the
natural shoreline systems to function with a minimum of
disruption during their operations and should return the
shoreline to as near natural a state as possible upon their
completion.
Any structure or activity in or near the water should be
constructed in such a way that it will minimize adverse
physical or chemical effects on water quality. vegetation.
fish. shellfish or wildlife.
Uses or activities. which substantially degrade the natural
resources of the shoreline should not be allowed.
-9-
RECREATION ELEMENT
;:;3",
'j)
An element for the preservation and expansion of all types of recreational
opportunities through programs of acquisition. development and various
means of less-than-fee acquisition.
GOAL: PROVIDE ADDITIONAL SHORELINE DEPENDENT AND WATER
ORIENTED RECREATION OPPORTUNITIES THAT ARE DIVERSE.
CONVENIENT AND ADEQUATE FOR THE REGIONAL POPULATION
CONSISTENT WITH THE CARRYING CAPACITY OF THE LAND AND
WATER RESOURCE.
Objectives
I. Areas containing special shoreline recreation qualities not easily
duplicated should be available for public use and enjoyment. .
Policy I -
Policy 2 -
Opportunities should be provided for the public to
understand natural shoreline processes and experience
natural resource features.
Public viewing and interpretation should be encouraged
at or near industrial, commercial and governmental
shoreline activities when consistent with security and
public safety.
2. Shoreline recreational use and development should enhance environmental
quality with minimal adverse effect on the natural resources.
Policy I -
Policy 2 -
Policy 3 -
Stretches of relatively inaccessible and unspoiled
shoreline should be available and designated as low
intensity recreational use areas with minimal develop-
ment; service facilities such as footpaths. periphery
car parks and adequate sanitary facilities should only
be allowed where appropriate.
Beaches and other predominantly undeveloped shorelines
already popular should be available and designated as
medium intensity recreational use areas to be free from
expansive development; intensity of use should respect
and protect the natural qualities of the area.
Small or linear portions of the shoreline suitable for
recreational purposes should be available and designated
as transitional use areas that allow for variable intensities
of use, which may include vista points. pedestrian walk-
ways. water entry points. and access from the water;
utilizing stream floodplains. streetends. steep slopes and
shoreline areas adjacent to waterfront roads.
-10-
.'-"~
Policy 4 -
Policy 5 -
Policy 6-
Policy 7 -
Policy 8 -
Policy 9 -
Policy 10 -
At suitable locations. shorelines should be made available
and designated as high intensive use areas that provide
for a wide variety of activities.
Overall design and development in shoreline recreational
areas should be responsive to the site characteristics of
those areas and be consistent with the level of use in the
area concerned.
Recreation areas on the shoreline should have adequate
surveillance and maintenance.
The public should be provided with additional off-site
and on-site guidance and control to protect the shoreline
resource.
Where a wide berm is needed for dry beach recreation.
and physical conditions permit sand retention. consideration
should be given to creating a Class I beach when such
development does not destroy valuable biota or unique
physical conditions.
Access to recreational shoreline areas afforded by water
and land circulation systems should be determined by
the concept of optimum carrying capacity and recreational
quality.
Non water oriented recreational facility development should
be kept inland away from the water's edge except where
appropriate in high intensive shoreline use areas.
3. The provision of adequate public shoreline recreation lands should be
based on an acquisition plan with clear public intent.
4. A balanced variety of recreational opportunities should be provided
regionally for people of different ages. health. family status and financial
ability .
Policy 1 -
Policy 2 -
','> '
Appropriate specialized recreation facilities should be
provided for the handicapped or others who might need
them.
Shoreline recreation areas should provide opportunities
for different use intensities ranging from low (solitude)
to high (many people) .
-11-
Policy 3 -
Policy 4 -
Policy 5 -
Opportunities for shoreline recreational experiences should
include a wide range of accessibility and duration of use.
£~)
Shoreline recreational experiences should include a wide
range of different areas from remote-outdoor undeveloped
areas to highly developed indoor-outdoor areas.
Recreational development should meet the demands of
population growth consistent with the carrying capacity
of the land and water resource.
BISTORICAL/CULTURAL ELEMENTS
An element for the protection and restoration of buildings. sites and shorelines
areas having historic. cultural. educational or scientific value.
GOAL: SHORELINE FEATURES HAVING HISTORIC. CULTURAL.
SCIENTIFIC OR EDUCATIONAL VALUE LOCALLY OR REGIONALLY.
SHOULD BE DESIGNATED AND THEN RETAINED AND PROTECTED.
Objectives
1. Public and private cooperation in site preservation and protection should
be encouraged.
Policy 1 -
Policy 2 -
Policy 3 -
Policy 4 -
Policy 5 -
Policy 6 -
King County should create the means for establishing
a County register of historic buildings, sites and districts
including those on shorelines.
There should be incentives to encourage private owners
to preserve such designated sites.
Heritage sites should be restored or modified as an aspect
of King County's Heritage Site Program.
Whenever possible, public or private developments should
be prevented from destroying or destructively altering
any designated site having historic. cultural, scientific
or educational value as identified by the appropriate
authorities.
King County should attempt to preserve sites on County
property with historic. cultural, educational or scientific
value.
King County should coordinate with adjacent municipalities
in the preservation and enhancement of mutually relevant
sites and areas.
-12-
Policy 7 -
.~.-"".
King County should consider the purchase of appropriate
sites to assure the preservation of representative number
of natural areas for scientific purposes as identified by
the proper authorities.
2. Suspected significant and newly discovered sites should remain free from
other intrusions until their value for retention is determined.
Policy 1 -
Policy 2 -
An assessment of the historic. cultural. educational or
scientific value of proposed substantial developments
should be included as part of the shoreline permit process.
As part of King County's continual updating of its Inventory
and Master Program. sites of suspected or potential
value should be inventoried.
3. Where appropriate. access to such sites should be made available to the
general public and should be designed to give maximum protection to the
resource.
Policy 1 -
Policy 2 -
Parks. trails and other forms of recreational open space
should be coordinated with such sites when appropriate
for their protection.
Access to areas of scientific significance should be
restricted where appropriate to the resource being
protected.
4. The need to provide clear interpretation of historical/ cultural sites to
visitors should be recognized.
Policy 1 -
Policy 2 -
Policy 3 -
Such sites should be marked by appropriate signs noting
the historical or cultural significance of the location. The
signs should be designed to blend with the surrounding
environment.
When practical. and not in conflict with the objective of
protection of the resource. more extensive interpretive
services should be provided.
Archeological sites should not be marked by signs or other
interpretive data if this would greatly increae the danger
of vandalism.
CIRCULATION ELEMENT
An element dealing with the location and extent of existing and proposed
major thoroughfares. transportation routes, terminals and other public
-13-
facilities and coordinating those facilities with the shoreline use elements.
f@;
GOAL: CIRCULATION SYSTEMS IN SHORELINE AREAS SHOULD
BE LIMITED TO THOSE WHICH ARE SHORELINE DEPENDENT OR
WOULD SERVE SHORELINE DEPENDENT USES AND THE PHYSICAL
AND SOCIAL ENVIRONMENT SHALL BE PROTECTED FROM THE
ADVERSE EFFECT OF THOSE SYSTEMS ON THE QUALITY OF
WATER, LIFE OR ENVIRONMENT.
Objectives
1. New surface transportation development should be designed to provide
the best possible service with the least possible infring-ement upon the shore-
line environment.
Policy 1 -
Policy 2 -
Policy 3 -
New transportation facilities and improvements to exist-
ing facilities that substantially increase levels or air, noise.
odor, visual or water pollution should be discouraged.
Transportation corridors should be designed to harmonize
with the topography and other natural characteristics of
the shoreline through which they traverse.
Surface transportation facilities in shoreline areas should
be set back from the ordinary high water mark far enough
to make unnecessary such protective measures as rip-rap
or other bank stabilization. landfill. bulkheads. groins.
jetties or substantial site regrade.
.-0:
.",.
2. Shoreline circulation systems should encourage alternative routes and
modes of travel.
Policy 1 -
Policy 2 -
Policy 3 -
Future development and maintenance of regional ferry
services should be encouraged and integrated with the
overall transportation system.
Circulation routes should provide for non-motorized means
of travel.
The concepts contained in King County's Urban Trails Plan
should be incorporated into the shoreline circulation system.
3. Circulation systems should be located and attractively designed so as not
to unnecessarily or unreasonably pollute the physical environment or reduce
the benefits people derive from their property.
-.
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Policy 1 -
..",.
,
¡
Policy 2 -
Motorized vehicular traffic on beaches and other natural
shoreline areas should be prohibited.
Transportation facilities providing access to shoreline
developments should be planned and designed in scale
and chracter with the use proposed.
4. Circulation systems disruptive to public shoreline access and other
shoreline uses should be relocated where feasible.
Policy 1 -
Transportation elements disruptive to the shoreline
character which cannot feasibly be relocated should be
conditioned or landscaped to minimize visual and noise
pollution.
5. Shoreline circulation systems should be adaptable to changes in technology.
Policy 1 -
6. General Policies
Policy 1 -
.'
Policy 2 -
Policy 3 -
Policy 4 -
King County should promote and encourage modes of trans-
portation which consume the least amount of energy while
providing the best efficiency with the least possible
poliu tion .
New transportation developments in shoreline areas should
provide turnout areas for scenic stops and offroad rest
areas where the topography. view and natural features
warrant.
Shoreline roadway corridors with unique or historic signifi-
cance or of great aesthetic quality should be retained and
maintained for those characteristics.
New transportation facilities crossing lakes. streams. rivers
or wetlands should be encouraged to locate in existing
corridors except where any adverse impact can be
minimized by selecting an alternate corridor.
Shoreline terminals and transfer points should be sited
and designed to minimize their impact on the environment
and adjacent shoreline uses.
RESIDENTIAL ELEMENT
An element dealing with housing densities. residential subdivisions. shoreline
access. necessary support services and locations of single-family dwellings
(including mobile homes). multi-family dwellings and houseboats without
distinction between part-time or full-time occupancy.
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GOAL: SHORELINE RESIDENTIAL AREAS SHALL PERMIT A VARIETY
OF HOUSING TYPES AND DESIGN WITH DENSITIES AND LOCATION CON-
. SISTENT WITH THE ABILITY OF PHYSICAL AND NATURAL FEATURES
TO ACCOMMODATE THEM.
(:!j
Objectives
1. Residential developments should be excluded from shoreline areas known
to contain development hazards,
Policy 1 -
Policy 2 -
Policy 3 -
Policy 4 -
Residential development should be prohibited in flood
plains within the 100 year flood level.
Residential development should be prohibited in areas of
of severe or very severe landsli?e or avalance hazard.
Residential development should be prohibited in shoreline
areas with slopes of 40% or greater which are hazardous.
Shoreline areas containing other potential hazards (e. g. .
geological conditions. unstable subsurface conditions.
ersion hazards. ground water or seepage problems) should
be limited or restricted for development. The burden of
proof that development of these areas is feasible. safe
and ecologically sound is the responsibility of the developer.
2. Residential developments should have minimal impact on the land and water
environment of the shoreline and minimize visual and physical obstruction.
Policy 1 -
Policy 2 -
Policy 3 -
Policy 4 -
Policy 5 -
Policy 6 -
Residential development should be prohibited in identified
unique and fragile areas.
Residential development on piers or over water should not
be permitted.
Landfill for residential development which reduces water
surface or flood plain capacity would not be permitted.
In residential developments. the water's edge should be
kept free of buildings and fences.
Every reasonable effort should be made to insure the retention
of natural shoreline vegetation and other natural features of
the landscape during site development and construction.
Planned unit developments that provide public access and
open space for the general public as well as to residents
of the project are preferred. whether single-family or
multi-family developments.
-16-
3. Residential use of shorelines should not displace or encroach upon shoreline
dependent uses.
Policy 1 -
Housing should be located to prevent interference with shore-
line dependent uses that are more important to the area.
4. Residential densities should be determined with regard for the physical
capabilities of the shoreline areas, public services requirements and effects
such densities have on the environment.
Policy 1 -
Policy 2-
Policy 3 -
5. General Policies
Policy 1 -
Policy 2 -
,¿~
Subdivisions and new developments should be designed to
adequately protect the water and shoreline aesthetic
characteristics.
New residential developments should oruy be allowed in
those shoreline areas where the provision for sewage disposal
and drainage ways are of such a standard that adjoining water
bodies would not be adversely affected by pollution or siltation.
Residential development along shorelines should be set
back from the ordinary high water mark far enough to make
unnecessary such protective measures as filling, bulkheading,
construction groins or jetties, or substantial regrading of the
site.
New floating homes should be prohibited in unincorporated
King County.
Residential developments should be designed to enhance
the appearance of the shoreline and not substantially interfere
with the public's view and access to the water.
-17-
SHORELINE ENVIRONMENTS
In order to more effectively implement the goals, objectives and policies of
this Master Program and the Shoreline Management Act, the shorelines of the
state within King County have been categorized into five separate Environment
designations, The purpose of these designations is to differentiate between
areas whose geographical features imply differing obj ectives regarding their
use and future develoment.
.£;~;~
.;.
Each environment represents a particular emphasis in the type of uses and
the extent of development which should occur within it, The system is designed
to encourage uses in each Environment which enhance the character of the
Environment while at the same time requiring reasonable standards and restric-
tions on development so that the character of the Environment is not destroyed.
The determination as to which designation should be given to any specific
shoreline area has been based on and is reflective of the existing development
pattern. the biophysical capabilities and limitations of the land and the goals
and aspirations of the local citizenry,
Each environment category includes: 1) a definition describing the development.
use and/or features which characterize the area. 2) a purpose which clarifies
the meaning and intent of the designation. and (3) general policies designed to
regulate use and development consistent with the character of the Environment.
URBAN ENVIRONMENT
The Urban Envronment is an area of high-intensity land use including residential.
commercial, recreational and industrial development. The Environment is
particularly suitable to those areas presently subjected to extremely intensive
use pressure, as well as areas planned to accommodate urban expansion. Shore-
lines planned for future urban expansion should present few biophysical
limitations for urban activities and not have a high priority for designation
as an alternative environment.
The purpose of designating the Urban Environment is to ensure optimum
utilization of shorelines within urbanized areas by permitting intensive use and
by managing development so that it enhances and maintains the shoreline for
a multiplicity of urban uses. The Environment is designed to reflect a policy
of increasing utilization and efficiency of urban areas, to promote a more in-
tensive level of use through redevelopment of areas now under-utilized and
to encourage multiple use of the shoreline if the major use is shoreline dependent.
General Policies
1. Emphasis should be given to development within already developed areas.
:\
i/
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2. Priority should be given to shoreline dependent and water oriented uses
over other uses. Uses which are neither shoreline dependent or water oriented
should be discouraged except for residential.
3. Emphasis should be given to developing visual and physical access to
the shoreline in the Urban Environment.
5. To enhance the waterfront and insure maximum public use, industrial
and commercial facilities should be designed to permit pedestrian water-
front activities consistent with public safety and security.
6. Multiple use of the shoreline should be encouraged.
7. Redevelopment and renewal of substandard areas should be encouraged
in order to accommodate future users and make maximum use of the shoreline
resource.
8. Aesthetic considerations should be actively promoted by means of sign
control regulations. architectural design standards, planned unit develop-
ment standards. landscaping requirements and other such means.
o",,¿
9. Development should not significantly degrade the quality of the environment.
including water quality and air quality. nor create conditions which would
accentuate erosion. drainage problems or other adverse impacts on adjacent
Environments.
RURAL ENVIRONMENT
The Rural Environment is intended for shoreline areas characterized by
agricultural uses. low density residential where most urban services are
not available. and areas which provide buffer zones and open space between
predominently urban areas. Undeveloped shorelines not planned for urban
expansion or which do not have a high priority for designation in an alternative
Environment and recreational uses compatible with agricultural activities are
appropriate for the Rural Environment.
The purpose of designating the Rural Environment is to preserve agricultural
land. restrict intensive development along undeveloped shorelines. function
as a buffer between urban areas, and maintain open spaces and opportunities
for recreational uses within the ecological carrying capacity of the land and
water resource. New developments in a Rural Environment should reflect
the character of the surrounding area by limiting density. providing
permanent open space and by maintaining adequate building setbacks from
water to prevent shoreline resources from being destroyed for other rural
types of uses.
-19-
General Policies
1. Industrial and commercial uses should be restricted to those associated
and in character with this Environment.
tf.:w.
'fí
2. Industrial. commercial and residential development should not encroach
on prime agricultural lands.
3, Recreational access to the shorelines should be encouraged. Recreational
facilities should be located and designed to minimize conflicts with agricultural
activities,
4. Agricultural practices should be conducted in a manner that will prevent
pollution of the water and minimize erosion and sedimentation within the
shoreline area.
5. New developments should reflect the character of the surrounding area
by limiting residential density. providing permanent open space and maintain-
ing adequate building setbacks from the water.
CONSERVANCY ENVIRONMENT
The Conservancy Environment consists of a shoreline areas which are primarily
free from intensive development. It is the most suitable designation for shore-
line areas of high scenic or historical values. for areas unsuitable for develop-
ment due to biophysical limitations and for commercial forest lands.
Conservancy areas are intended to maintain their existing character. This
designation is designed to protect. conserve. and manage existing natural
resources and valuable historic and cultural areas. The preferred uses are
those which are nonconsumptive of the physical and biological resources of
the area.
General Policies
1. New developments should be restricted to those which are compatible
with the natural and biophysical limitations of the land and water.
2. Commercial and industrial uses other than commercial forestry. agriculture.
fisheries and mining should be discouraged.
3. Diverse recreational activities which are compatible with the Conservancy
Environment should be encouraged.
4. Development which would be of a hazard to public health and safety or
would materially interfere with the natural processes should not be allowed.
-20-
'--'\
5. Residential development should be regulated to maintain an overall
density of less than one dwelling unit per acre.
6, The flood hazard overzone regulations shall apply to development within
floodplains.
7. Structural flood control devices should be strongly discouraged in the
Conservancy Environment.
8. In areas with poorly draining soils developments should not be allowed
unless connected to a sewer line.
9. Developments should be regulated so as to minimize the following: erosion
or sedimentation. the adverse impact on aquatic habitats and substantial
degradation of the existing character of the Conservancy Environment.
10. King County should encourage sustained yield management of natural
resources within the Conservancy Environment.
NATURAL ENVIRONMENT
,,!
The Natural Environment consists of areas characterized by the presence of
some unique natural features considered valuable in their undisturbed or
original condition and which are relatively intolerant of intensive human use.
Such areas should be essentially free from development or be capable of being
easily restored to natural condition. and they should be large enough to protect
the value of the resource.
The purpose of designating the Natural Environment is to preserve and restore
those natural resource systems existing relatively free of human influence.
These systems require severe restrictions of intensities and types of uses
permitted so as to maintain the integrity of the Natural Environment.
General Policies
1. Natural areas should remain free from all development which would adversely
affect their natural character.
2. The intensity and type of uses permitted should be restricted in order
to maintain the natural systems and resources in their natural condition.
3. Limited access should be allowed to those areas in the Natural Environment.
4. Uses which are consumptive of the physical and biological resources
or which may degrade the actual or potential value of the Natural Environment
should be prohibited.
.~
5. Uses and activities in locations adjacent to natural areas should be strictly
regulated to insure that the integrity of the Natural Fnvironment is not compromised.
-21-
:SHORELINE USE ACTIVITIES
Shoreline use. activities are specific uses or groups of similar uses that
have been outlined by the Department of Ecology Final Guidelines as being
characteristic of the shorelines of the state. They have been formulated
as implementing tools to further carry out the intent and policy of this
Master Program and the Shoreline Management Act. They also represent a
major criterion to be used in evaluating proposed development and alterations
to the shoreline environment. with their ultimate influence. to a large extent.
dependent upon how well they are enforced.
4!ft¡:.
'~7;}1
The policies that make up each use activity have been developed. founded on
the premise that all reasonable and appropriate uses require regulatory control.
Other provisions such as a view enhancement. public access, erosion control.
water quality. long term benefits and aestJ;1etic considerations have also
been reflected in policy statements.
Shoreline uses and activities not specifically identified. and for which policies
have not been developed. will be evaluated on a case by case basis and will
be required to meet the intent of the goals and objectives of this Master
Program, the policy of the Shoreline Management Act of 1971, and shall be
consistent with the management policy and character of the shoreline Environ-
ment in which they propose to locate.
AGRICUL TURE
'w
The best farming soils of King County are predominantly located in the river
valleys where many years of river flooding have formed flat floored lowlands
of fertile alluvial deposits. These soils, the Oridia-Seattle-Woodinville
Association, covering about seven percent of King County, require little or
no irrigation and lie over a gravelly subsoil below which the water table
drops during the growing season.
Agricultural activities have tended to locate along the river edge in places
where the ground water table is accessible and drainage is good. Dairy
farms. mostly pasture dependent, are located on the Enumclaw plateau and
along the Snoqualmie River Basin. They provide for about 25% of the Puget
Sound demand for milk and milk products. Vegetable and small fruit crops
are grown in portions of the Green River Valley, Sammamish Valley and on
Vashon Island. accounting for up to 50% of the celery, cabbage, lettuce,
rhubarb and blueberries grown and sold in the State.
Allocating land to agriculture is a vital commitment of resources although
some agricultural land is being lost to other uses. Prime agricultural land
lost through conversion must be replaced through additional applications of
energy to less naturally productive lands (for example, a ton of synthetic
nitrogen fertilizer requires the burning of more than 40,000 cubic feet of
natural gas).
-22-
ro,
Essentially, all rural shorelines agricultural activities include some source
of non-point water pollution. In King County, seven pollution types are
characteristic and need control considerations: sediment, nutrient, additives,
pesticides, salt loads, organic loads and microbial (pathogens).
Alluvial soils which make good farmlands and found in river valleys
generally are small particles of earth. They have been deposited over long
periods of time through natural erosion. Because of the size of soil particles
and the intermittent absence of vegetative cover, croplands and other farmlands
are highly susceptible.
Urbanization on plateaus surrounding valleys increases the rate and amount
of runoff increasing the potential for erosion of valley soils. As a result.
cropland may be the principal source of the total sediment yield in rivers. This
source of sediment may contain pollutants. Additionally. commercial fertilizers
and pesticides applied to crops may permeate into the water table of the subsoil
and concentrate in ground water storage where normal valley drainage is
impaired.
Both dairy and cropland farming methods may result in herbicide and pesti-
cide pollution in both the soil and water element. Microbial and organic
loads are particularly characteristic of dairy activity surrounding feedlots.
Water soluble ammonia from cattle nitrogenous waste may be carried in the
breeze close to the ground for hundreds of feet to pollute adjoining waters.
Public access to the shorelines of farms pose additional problems. Public safety
from farm machinery and chemicals is a major concern of farm owners.
Liability for accidents makes farmers cautious to allow public access to rivers.
Farm security is also of concern where damage to crops and animals as well as
structures may occur. Extensive areas of farms and continuous operation
requirements make supervision of public access difficult for the farm owner.
General Policies
1, Property owners in agriculture areas should be encouraged to provide
shoreline recreational opportunities consistent with the goal, objectives
and policies of the public access element.
2. Shoreline areas with soil particularly suitable for agriculture should be
protected from activities which would compromise the agricultural potential
of those areas.
3. Lakes and bogs surrounded by farmlands should be maintained and
protected as wildlife habitats.
4, In agricultural areas where cattle could gain access to the water body,
fences should be constructed upland of a natural vegetation strip to preclude
;., .
-23-
potential pollution from animal wastes. and sediment created through de-
struction of the stabilized soil.
"4
5. In agricultural areas abutting the shoreline. a strip of natural vegetation
should exist above the ordinary high water mark between the water and
agricultural activity to stabilize the soil and entrap sediment.
6. In agricultural areas subject to the dangers of a high water table or
flOOding. consideration should be given to those activities. crops. or open
space which would require no new bank stabilization or flood control measures.
AQUATIC RESOURCE PRACTICES
Despite expanding world consumption and harvesting of fish and shellfish
products. U. S, fish & shellfish landings have been nearly constant over the
last twenty years. As a result. the U.S, catch has provided less than a quarter
of the fish and shellfish consumed in the United States while national import has
been increasing at an annual rate of 14%. During this period. Washington State
has accounted for about 6% of the national landings and ranked 8th in dollar value.
Of all facets of economic shoreline activity . production from fisheries is
the most vulnerable to massive destruction from an error in environmental
control, Close monitoring of water quality and an agressive policy of
pollution abatement and control are mandatory for full realization and
sustenance of this economic base.
-'.
;j
King County shares a responsibility for the fisheries in three of the seven
major Puget Sound estuaries. These three estuaries have much to do with
the biological productivity of Puget Sound. the only large estuary in the
United States. This estuary is one of only three in the world not dead to
commercial fish harvesting.
Aquaculture addresses state hatcheries. commercial hatcheries and beds.
and natural hatcheries and beds within King County shorelines. Underwater
aquaria are considered as aquaculture although the use is principally
recreational.
Aquaculture has two modes:
1. The harvest of uncontained plant and animal populations that exist
on the nutrients and foods available in the environment ,restock them-
selves according to the fecundity of the population, and survive as
the food and nature allow. On King County shorelines. clam and
geoduck digging are examples.
2. Artificial stocking or raising of stock in feedlots or pens using
selective breeding and controlled feeding programs for increasing
",
-24-
production and rearing a uniform product. In King County. state
hatcheries and state distribution of oyster spat are examples.
(
".......
Pen culture requires confinement and the presence of fixed structures that
compete for space. Pens. rafts and hatcheries require certain environmental
conditions to assure the survival of their contained populations. Some of
these conditions are small wave forces. good flow. good water quality .
temperature limits. good anchoring ground and accessibility and. possibly.
good natural food and nutrient supply,
The confinement of fish or shellfish in concentration imposes an extreme
biological load in a small area. Dense populations degrade and water quality
and deposit heavy fecal sediments below the pens or on the floor of embay-
ments. The principal impacts of aquacultural activity within the shoreline
are:
1. Pollutants in the water body such as fish organic wastes and
additives for feeding and disease control.
2. Navigation hazards such as holding pens. rafts. nets and stakes.
3. Watercourse alteration to supply water.
4. Netting and flooring of river beds for spawning channels.
'~,..L
5. Shoreline access limitations where shellfish are being protected
and contained. "
General Policies
1. King County support should be given to State Departments of Fisheries and
Game to improve stream conditions. open new spawning areas. and establish
new fish runs.
2. Pens and structures for commércial aquaculture should not be located
on Class I beaches. or swimming beaches.
3. Aquacultural enterprises should be located in areas which would not
significantly restrict navigation.
4. In aquaculture enterprises. development of multiple aquaculture systems
should be encouraged.
5. Aquacultural structures should use open pile construction where signifi-
cant littoral drift occurs.
6. Prior to use of an area for aquacultural enterprises. consideration should
be given to the capability of the water body to absorb potential wastes.
(,.,..'
7. Shoreline areas having extremely high natural potential for aquaculture
-25-
should be preserved for that purpose.
FOREST MANAGEMENT PRACTICES
~
':,.il
Almost fifty percent of the total land area of King County is forest land. and
of this over sixty percent is classified as principal forest. At the same time
these forest lands contain a bountiful resource. As a result. industries
based on timber and fish resources have flourished in the County since
pioneer days, Today. both industries are still vitally important to our
economy. If they are to flourish in the future. however. the resources must
be managed wisely.
The West Coast Douglas-Fir Region supports five species of anadromous salmon
and two species of anadromous trout as well as resident fish, Resident fish
live in fresh water streams and lakes all year. and several anadromous species
spend up to their first year in such areas before going to the ocean. Salmon
and trout require a high quality environment. preferring clean. cool, well-
oxygenated streams. and they have been known to use streams wish flow as
little as 0.01 cfs. In order to preserve our fish resource in forested areas.
we must protect all streams at all times of the year. This means not only wise
stream management but wise forest management. The following set of general
policies is aimed at controlling the activities of forest harvesters for the
protection of forest and fish resources for present and future use. not only
by timber and fisheries interests. but for all the residents of the County and
the state,
1. All forest management and harvesting practices in shoreline areas should
be conducted to cause the least possible adverse impacts on the land and water
environment. should respect the natural character of the shoreline. and should
make every effort to preserve wildlife. aquatic life. and their habitats.
2. Shorelines having outstanding scenic qualities should be left in a substantially
natural condition, Timber harvest in such areas should be limited to selective
cutting. and logging roads which would destory the natural views of these
areas should be prohibited.
3. Timber harvest in unique and fragile areas should be prohibited. except
as a measure to enhance or protect the area.
4. All roads. railroads and trails should be constructed and maintained to
minimize or preclude erosion.
5. Road and bridge construction should be carried out in that time of year
which will prevent harmful effects on wildlife. aquatic life and their habitat.
and serious soil erosion.
-26-
6. All cut, filled, and side cast slopes should be planted or seeded with
appropriate ground cover or otherwise treated to prevent erosion of the slope.
--
7. All ruts and erodable soil conditions caused by timber harvest
operations should be water-barred or planted with appropriate ground
cover .
8. All road design and construction should minimize the number of
waterway crossings and avoid unnecessary duplication of road systems
by making use of existing roads where practical. Where roads traverse
land in another ownership, but still adequately serve the operation,
attempts should be made to negotiate with the owner for use of such roads
before construction of new roads.
9. Land being harvested of timber prior to changing the land to a non-timber
production use need not be regenerated ü the new use is substantially within
one year of the harvest. However. proper erosion control measures should
be taken in cases where stream degradation is possible in the interim period.
10. In shoreline areas which are unsuited for the production of wood fibre,
such as lakes. marshes, bogs, swamps. springs, wet meadows or grasslands,
protective and vegetative cover should be maintained as wildlüe habitats,
,.
"<"-
11. Whenever seeding. planting. or other soil stabilizing measures are
specified. it should be done as soon as practical according to good forest
practices.
COMMERCIAL DEVELOPMENT
Commercial development pertains generally to the use or construction of
facilities for transaction and sale of goods and services as opposed to indus-
trial development (treatment together with ports) which pertains to the design
and fabrication of products.
Commercial uses which are not shoreline dependent or water oriented are
encouraged to site on upland plateaus.
Commercial developments in King County shorelines range from small
businesses within residences to high-rise office buildings. In general
shoreline dependent and water oriented commerce are one or a combination
of two types: commercial non-sales and commercial sales. .
\,:
Commercial non-sales consist primarily of commercial moorage and boat
launching. Terminal transfer facilities which are a form of non-sales
commerce, are addressed in the "Ports and Industry" Use Activity, Commercial
sales include storage. rental and sales of water vehicles and equipment. access.
shoreline artüacts, food and services.
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The principal impact factors upon the shoreline from commercial develop-
ment are pollutants (e. g., erosion, sedimentary, chemical and microbial) and
aesthetic destruction. Erosive pollutants from commercial development are
generated from surface runoff and both surface and sub-surface subsidence,
Chemical pollution is derived from fuel spillage, Microbial loading arises
from poor containment of organic wastes associated with human habitation
and recreational activities,
."""
',:,;.;
General Policies
1. Boat moorage, launching facilities amd other services should be located
where existing vehicular access and parking are available or can be II'ade
available without disruption of the shoreline environment.
2. Shoreline embankments of launching and servicing facilities should be
stabilized both above and below the water's edge.
3. Consideration should be made of the effect a structure will have on a
scenic value,
4. Commercial structures and ancillary facilities that are not shoreline
dependent or water-oriented should be placed inland away from the immediate
water's edge.
5. Overwater commercial structures should be discouraged but, where allowed. ..._u
should provide safe public access to the water and promote aesthetic and visual
values for public benefit.
6. The use of porous materials should be encouraged for paved areas to
allow water to penetrate and percolate into the soil. Use of holdin¡r systems
should be encouraged to control the runoff rate from parking lots and roof
tops,
7. Commercial enterprises locating within shoreline areas should be con-
structed to withstand normal rain and flooding conditions without contributing
pollution to the watercourse or shoreline.
8. Commercial development which is not shoreline dependent should provide
a buffer zone of vegetation for erosion control.
PLEASURE BOAT MARINAS
Marinas are essentially port facilities for land-water transfer that provide
launching. storage, moorage supplies and service for pleasure boats, as
well as parking areas for automobiles. They also serve as fueling stops.
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havens of refuge, and destination points for boaters. In addition to their
utilitarian use, they offer a great variety of activities for just watching.
Marina construction is of two basic types: open-type construction (floating
breakwater and/or open pile work). and solid-type construction (bulkhead
and/or landfill). Boat storage associated with marinas can be wet. dry,
covered. uncovered or stacked.
Due to a high percentage of boat ownership in King County and th-e Puget
Sound area. and the great demand for boat storage and launching facilities,
the County's shorelines will continue to be heavily pressured for this type
of use,
Depending on their size, marinas are hubs of activity for boat and automobile
traffic, They generate noise. air and water pollution and are prominent
space users of land. shoreline and water. Depending on the type of construc-
tion. marinas affect fish and shellfish habitats.
The following policies are directed toward marina and other boat launch
development on King County shorelines. They should take minimal shoreline
space, be separated from swimming areas and be designed to protect fish
and shellfish habitats and water quality .
(.
'<>.
General Policies
1. Marinas should be distributed regionally for convenient and water
access only to the extent of the region's land and water carrying capacity
and balanced against other shoreline dependent uses. .
2. Local governments should coordinate in the planning and development
of regional marina facilities for multi-jurisdictional use.
3. Marinas should be located with regard to most favorable physiographic
conditions, such as wind and current protection. and adequate water depth
for expected boat drafts.
4. Shallow water embayments with poor flushing action should not be
considered for overnight and long-term moorage facilities.
5. Marinas should be located and designed in a manner than will minimize
environmental pollution.
6. Marinas should be located within existing or potential high intensity use
areas and at shoreline locations adjacent to waters used for navigation.
7. Marina development and ancillary facilities should be designed to use
minimal shoreline.
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8. Vehicular access to marinas should be confined so that which supports
a shoreline dependent use.
:~J
9. Parking areas that serve marinas shall conform to the parking regulations
of the "Transportation Facilities" Use Activity" .
10. Land-water access to marinas should be planned to minimize traffic
congestion and to minimize pedestrian/vehicle conflicts,
11. Boats should be dry stored whenever possible to retain shoreline for
other shoreline dependent uses or so that the greatest number of boats per
front foot of shoreline can be accommodated.
12. The general public should be allowed use of the marina except in specific
areas that may require security,
13. Viewpoints. walkways. picnic facilities. benches. telephones. restrooms.
drinking fountains and other public use facilities should be encouraged.
14. Covered moorage should be discouraged except for repair or construction
activity ,
MINING
"
The Puget Sound area is particuarly rich in reserves of non-metallic minerals.
Sand. gravel. clay. coal. cement. and stone are produced in quantity for the
construction industry. and comprise over ninety-six percent of the total recorded
mineral production value in the area.
....,'
Although the total amount of land that is presently occupied by mines or will
be needed for future mineral industries is extremely small. the need for land
for these industries is extremely critical.
In King County. in the 115 years of mining. a total of approximately 700 acres
of land has been disturbed by surface mining activities (or about one square
mile). and although the land area involved is very small. the dollar value
of minerals produced is rather large. Thus there is tremendous pressure to
exploit further our mineral resources.
Many of the most valuable deposits of sand and gravel are located on the
marine shoreline and in or near the beds of rivers. The conflicts between
economic interest and environmental concern in these situations is obvious.
but with good management of both the shoreline resource and the mineral
resource those conflicts can be addressed and resolved without harm to
either. These policies do not attempt to disallow utilization of the mineral
resource. Rather. their intent is to protect the shoreline resource.
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General Policies
1. Mining in unique and fragile areas should not be allowed.
'....
2. Consumptive and extractive industries should allow the natural shoreline
systems to function with a minimum of disruption during their operations and
should return the site to as near natural a state as possible upon their com-
pletion.
3, Mining in or under the waters of shorelines of the state in King County
should be discouraged.
OUTDOOR ADVERTISlliG SIGNS AND BILLBOARDS
Outdoor advertisements and signs are publicly displayed messages designed to
provide information. direction or advertising. and may be pleasing or distracting
depending upon their number. design and location, The proliferation of signs
has generally resulted in the reduced effectiveness of individual signs as well
as having caused dangerous conflicts between advertising signs and traffic control
signs, The uncontrolled use of signs and their insistent demand for attention can
be detrimental to surrounding property values and may serisously detract from
the enjoyment. pleasure. and the natural beauty of the shoreline. The following
policies and regulations are written from the perspective that the shoreline character
and attractiveness should be protected to the greatest extent possible from the
ill effects of signs.
",. .
General Policies
1. Vistas and viewpoints should be free from unnecessary signs,
2. Signs. when permitted. should be placed so as not to impair view of the water
or impair view upland from the water except where dangerous conditions require
warning signs.
3. Warning signs should be installed by King County or by other appropriate
entities where hazardous conditions may exist.
4. Advertising signs when permitted should be limited to shoreline areas
of high intensity use.
5. Signs in shoreline areas should be maintained in a state of security. safety
and repair .
6. Any new sign codes for King County should recognize the unique aesthetic
character and ecological qualities of shoreline areas.
UTILITIES
;0."
,
Few. if any. utility systems could be installed completely without coming
under the jurisdiction of this Master Program. The focus of the policies
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in this section is on how these utility facilities within the wetland area can
be planned. designed. constructed. maintained and rehabilitated to be con-
sistent with the intent of the Shoreline Management Act of 1971.
..7,:!\
")
Types of utility facilities in King County vary from regional transmission
by trunklines . pipelines and transmission lines to subregional distribution
facilities, These are essentially pipes and wires, Regional facilities
generally are high voltage or high pressure systems with substantial potential
impact in case of failure. Their impacts on the environment are generally
greater also because of their scale and safety requirements,
The types of utilities covered are communications (radio. T.V.. telephone).
energy distribution (petroleum products, natural gas. and electricity). water,
sanitary sewers, and storm sewers, Solid waste utilities are disucssed as a
separate Use Activity in this Master Program,
General Policies
1. Utilities which lead growth should not be extended into any wetland or
along shorelines without prior approval of such extension by appropriate
land use authority.
2. Utilities located in wetlands inappropriate for development should not
make service available to those areas.
3. In developed wetlands not served by utilities. utility construction
should be encouraged to locate where it can be shown that water quality
will be maintained or improved,
";,
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4. King County should be consulted prior to or at the time of application
for construction of regional utility facilities to be located in or along shore-
lines or wetlands.
5. Utility corridors crossing shorelines of the state should be encouraged
to consolidate and concentrate or share rights-of-way where:
a. Public access (including view) would be improved.
b, Concentration or sharing would not hinder the ability of the utility
systems to be installed. operated or maintained safely,
c, Water quality would be as good or better than if separate corridors
were present.
6. Public access consistent with public safety and security should be
encouraged where rights-of-way for regional utility facilities cross shorelines
of the state.
-32-
.~....,
7, New utility facilities should be located so as neither to require extensive
shoreline protection nor to restrict water flow. circulation or navigation.
8. Utility facilities and rights-of-way should be selected to preserve the
natural landscape and minimize conflicts with present and planned uses of
the land on which they are located.
9, New utility routes should be designed to minimize detrimental visual
impact from the water and adjacent uplands.
PORTS AND INDUSTRIES
King County principal port lands extend up the Duwamish River a little
over a mile and one-half from Seattle City Limits. An Industrial Develop-
ment District. authorized by Legislation in 1951. in Seattle and King County
is being developed by the Port of Seattle. Financial support of the District
is achieved primarily through fees for facility or land leasing. tax levies,
bonds, and a percentage of State tidelands lease money.
The right bank of the waterway is lined with large industries. some of which are
neither shoreline dependent nor water oriented. The left bank is largely
undeveloped flat land backed by a major thoroughfare. West Marginal Way
South. Users of this land have little interaction with the water course,
but are so located for access to the thoroughfare. A navigable channel one
hundred feet wide is maintained to depths of nine to thirteen feet.
A wide variety of deep and shallow water oriented industries could be located
along the Duwamish Waterway, These Industries may compete for the shoreline
when the Duwamish River is adequately prepared for them. Examples are:
Public and private terminal facilities. marine construction. boat builders,
sand and gravel. etc.
Puget Sound will be impacted by changing bulk shipping technology. By
1980. 200.000 to 300.000 ton bulk carriers requiring channel depths from
60 to 90 feet will be standard. The unique deep water of puget Sound will
be attractive for the operation of these ships, Obviously. increasing pressure
will be brought to bear for accommodation such as:
1. Off-shore facilities. floating docks. artificial islands. submerged
pipes. barges and other mechanisms for loading and unloading ships.
2. Deep water piers or docks established along the coastline where
no harbor exists. .
'other industrial shoreline concentrations exist on streams. lakes and marine
waters in King County. A number of these industries are not water oriented.
The principal impacts upon the shoreline from port and industrial users are
:.- "
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pollutants (e, g.. sedimentary. chemical. thermal and microbial) . intensive
use. erosion. aesthetic destruction and natural habitat alteration,
4f;t.
';j
General Policies
1. To preclude wasteful use of the shoreline. allocation for port use should
be made on a regional basis.
2. Industrial docks and piers should be designed to minimize adverse impact
of such facilities upon other shoreline dependent uses and other shoreline
resources,
3. Ports and shoreline dependent industry should be encouraged to provide
public access to the watercourse. consistent with public safety. public
health. and security.
4. Industrial and commercial activities should share overwater structures
and shoreline facilities.
5. Maintenance of continuous. good quality water flow in cut-off oxbows
resulting from channel alteration for port use should be considered to
help retain available fish and wildlife habitats. and increase recreational
opportunities.
6, Erosion resistant vegetation cover should be planted between cleared
land and the shoreline to protect the water element.
, -'7J,
")
",.-
7. Industrial uses which are not shoreline dependent should be located
away from the shoreline.
8. Shorelines of the State in King County should not include port and
storage facilities for deep draft oil tankers.
9. Offshore facilities. floating docks and artificial islands for deep water
port expansion should not be permitted until it is known with certainty
that such development or expansion will not harm the marine environment
or diminish the natural productivity of the estuarine system of Puget Sound.
10. Water reclamation and power plants and sewage treatment facilities
should be located where they are compatible and do not interfere with
recreational. residential. or other public uses of the shoreline.
BREAKWATERS
Breakwaters are off-shore structures often linked to the shore. designed
to absorb and reflect back onto the water body the energy of waves so as to
protect the shore behind them. They are generally constructed either as
-34-
.J
solid walls which tend to be most effective in reducing wave energy behind
the structure, or as floating structures which often are not sufficient to
withstand wav~s of high energy. In that beach accUl.'mulation and general
sand mobility is caused by wave, current and tidal action, breakwaters may
have dramatic effects on beach formation and sand movement. Solid break-
waters tend to have a greater impact on sand movement than do floating
breakwaters. Conversely, floating breakwaters tend to be more expensive.
General Policies
1. Breakwater construction should only be considered in marine shoreline
environments where protection from high wave action is desirable and essential.
2. Breakwaters should be constructed only where shoreline dependent users
are located seaward of the existing shoreline.
3. Reduction of the opportunity to use surface water area which may result
from breakwater construction. should be weighed against the benefits of
reduced wave action.
4. Applicants for breakwaters should consider both solid and floating
breakwaters and the advantages and disadvantages of each type on debris
accumulation, sand movement and aquatic habitats at the proposed location,
I.....~i
5. Breakwater design should include provisions for compatible recreational
uses when consistent with navigation and when public safety can be assured.
6. Care should be exercised in location. design. construction and expansion
of breakwaters relative to the shoreline environment and other shoreline
dependent uses.
JETTIES &. GROINS
Jetties and groins are structures constructed primarily to affect the movement
of sand. Jetties are constructed of rock. steel or concrete at the mouths of
rivers to prevent sand from blocking river channels and hindering navigation.
Groins. on the other hand. are barrier-type structures of rock. wooden piling
or other materials constructed across the beach itself and extending into the
water, The effects of both jetties and groins is to obstruct the sand contained
in the littoral drift, Jetties trap it away from navigation routes while groins
trap it for beach purposes. Where there is a relatively small amount of sand
available in the littoral drift. both types of structures may tend to starve
those areas down drift.
Trapping sand, similar to beach feeding and some other types of land
augmentation, will have an effect upon plant and animal life to some degree.
In areas of significant sand migration along the shoreline sand may cover
. "
;:,"',,'
-35-
aquatic life while the consequential effects in other areas may be very
small. In each case. seasonal changes in wind direction. the locations
of sources of beach parent material and the quantity of sand trapped by
such structures effect the impacts they IT'ay have.
"":¡cO-,,
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General Policies
1, Beach feeding should be considered where jetties or groins starve down
drift shorelines.
2, Jetties and groins should not be constructed in areas where they tend
si gnificantly disturb the natural cycles of aquatic and terrestrial biota.
3. Public access for shoreline dependent or water oriented activities to
jetties and groins should be encouraged when consistent with public safety.
4. Care must be exercised in location. design. construction and expansion
of jetties and groins relative to the shoreline environment and other
shoreline dependent uses.
LANDFILL
The earth's surface evolved over several million years producing a topography
constantly in a state of natural fluctuation. Man. among his other activities on
the earth's surface. has participated in manipulating surface substance adding
his own influence to the fluctuation. Land fill has been used within King
County to create usable land by adding or displacing material in. order to
remove obstructions for development. Since the purpose has been to create
land us,able for specific developments from land not previously usable for
the developments. seldom were the natural systems considered. Fill
commonly destroys vegetation subsequently eliminating habitat. It may also
cover animal life or breeding and spawning grounds. The policies contained
herein are intended to focus on these and other aspects of natural systems
affected by man-made landfill. cuts. excavations and site grading actions.
while at the same time. recognizing man's needs.
General Policies
1. Landfill. except for beach feeding. should be discouraged in areas of
high shoreline erosion potential.
2. Landfill should be deposited so as to minimize disruption of normal surface
and ground water passage.
3. Landfill should allow surface water penetration into the ground water
supply where such conditions existed prior to fill.
4. Landfill should be located landward of the ordinary high water mark.
-36-
"
j
except for beach feeding and for landfill serving shoreline dependent or
public uses having an over-riding public interest, provided that such land-
fill shall be allowed only after full consideration is given to factors such as
total water surface reduction, impediment to water flow and circulation.
reduction of water quality and destruction of habitat. Landfill within the
100 year flood plain should not reduce the river channel or flood plain water
storage capacity or in any way increase flood hazard so as to endanger public
safety.
5. Land should be filled only after some ultimate use of the property is
approved by King County in accordance with the Comprehensive Plan and
this Shoreline Master Program.
6. Landfill should be done at such time as to minimize damage to water
quality and aquatic lüe,
7. Beach feeding areas may be established and approved by King County
on Lake Washington. Lake Sammamish and the marine shoreline.
8. Landfill should be permitted only in conjunction with shoreline dependent
uses; landfill for uses not so dependent should be discouraged.
SOLID WASTE
. .ì
King County is Washington's most populous county. In addition. it lies within
an area which is rapidly growing and urbanizing. As such. King County
generates the largest volume of solid waste in the state. However, urban
pressures make disposal of such waste and ever-increasing problem. As
more vacant land gives way to urban expansion. there is not only the problem
of more people and more solid waste. but there is at the same time becoming
less and less space available for the disposal of waste. This does not mean
that we need be careless in siting solid waste disposal facilities. Rather.
it points to the necessity of coordinated planning for those facilities.
Solid waste disposal can be a threat to health and safety wherever it occurs.
but it poses particular problems in shoreline areas. Not only is it a physical
and visual blight. but leachate from solid waste landfill can contaminate lakes
and streams, thus endangering public health and wildlüe. It is the intent
of the following policies to protect the shoreline resource from the potential of
solid waste.
General Policies
1. Shorelines should not be used for transfer stations. storage or disposal
of solid waste. Where such activities are presently on shorelines they should
be phased out and rehabilitated as soon as possible.
'.
2. King County shall endorse and assist in the implementation of a
regional solid waste disposal comprhensive plan,
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DREDGING
Dredging is one of the most extensive construction activities in the rivers
and harbors of the Pacific Northwest, Each year dredging operations remove
the redeposit millions of cubic yards of materials in Washington alone. Dredge
spoil varies from clean river sand to organic sludge, Some of this material is
deposited on land. but a signüicant portion is dumped back into the water
or immediately adjacent to the water.
,f:~
Of all activities on shorelines. dredging poses one of the largest threats
to water quality and aquatic life. In most cases. dredging occurs in shallow
areas and may disturb the aquatic environment in the following ways: (1)
temporary reduction of water clarity from suspended sediments. (2) loss
of aquatic plants and animals by direct removal or from the sedimentation
of suspended materials, (3) alternation of the nutrient and oxygen levels of
the water column. and (4) suspension of toxic materials from the sediments
into the water column.
General Policies
1. Dredging and excavation in unique and fragile areas should not be allowed.
2. In all cases, dredging and excavation operations should be conducted
to minimize adverse effects on the shoreline development,
3. Dredging operations should be scheduled so as to not materially interfere
with the movements of fish.
4. When dredge spoil has suitable organic and physical properties,
dredging operators should be encouraged to recycle dredged material into
areas of the County suitable for agricultural practices.
5. Local and regional planning for development of long-term disposal sites
for dredging spoils should be initiated by King County .
6. Shoreline areas where dredging and excavation and the disposal of
dredge and excavation spoil are prohibited should be defined and designated,
SHORELINE PROTECTION
Shoreline protection is action taken to reduce adverse impacts caused by
current, flood. wake or wave action. This action includes all structural and
non-structural means to reduce these impacts due to flooding, erosion, and
accretion. Specific structural and non-structural means included in this
use activity are bulkheads, rip-rap. bank stabilization and other revetments,
dikes, levees, flood control dams, berms and other means of shoreline
protection.
-38-
The means taken to reduce damage caused by erosion. accretion and flooding
must recognize the positive aspects of each. so that the benefits of these
natural occurrences will be retained. even as the problems are dealt with.
Valleys are caused by erosion over time during which a river establishes
its drainageway. Erosion. does not exist without accretion of material eroded.
be it a bench or a sandbar. Likewise. accretion cannot occur unless material
has been eroded, Floods may be reduced by structural means to prevent
flooding of specific areas, Dams may reduce flooding over a larger area.
Damage from floods can often be reduced simply by restricting the type of
development within a 100 year flood plain. While floods produce damage. it
it is the flood-borne silt which created the alluvial flood plain soils.
General Policies
1. Structural solutions to reduce shoreline damage should be allowed only
after it is demonstrated that non-structural solutions would not be able to
reduce the damage.
2. Planning of shoreline protection should encompass entire river systems
and/ or sizeable stretches of lake or marine shorelines. This planning should
consider off-site erosion. accretion or flood damage that might occur as a
result of shoreline protection strctures or activities.
\.
3. Shoreline protection on marine and lake shorelines should not be used
as the reason for creating new or newly usable land.
4, Shoreline protection structures should allow passage of ground and surface
waters into the main water body.
5. Shoreline protection should not reduce the volume and storage capacity
of rivers and adjacent wetlands or flood plains.
6. River shoreline protection should be planned. designed and constructed
to allow for channel migration whenever possible,
7. Whenever shoreline protection is needed. natural berms and vegetation
should be favored over artificial means.
8, The burden of proof for the need for shoreline protection to protect
existing or proposed developments rests on the applicant (s) .
9. Shoreline protection activities which may necessitate new or increased
shoreline protection on the same or other affected properties where there
has been no previous need for protection. should be discouraged.
t "\
10. New development not shoreline dependent should be encouraged to
locate so as not to require shoreline protection.
-39-
11. Urban areas requiring a stabilized land-water boundary may use
shoreline protection measures.
É~
12. Areas of signüicance in the spawning, nesting, rearing or residency
of aquatic and terrestrial biota should be given special consideration in
reviewing of shoreline protection actions,
13, Shoreline protection actions should be discouraged in areas where they
would block beach parent material.
14, Multiple use of shoreline protection structures or non-structural solutions
should be encouraged.
TRANSPORTATION FACILITIES
The circulation network use category, comprising transportation facilities
such as roads I, railroads, airports, bridges, trails and related terminals,
accounts for oruy one percent of the total shoreline inventory of land uses
in King County2. However, the impact of those facilities on shorelines
has been substantial. Many of the existing facilities were constructed to
serve transportation needs of the moment with a minimum expenditure and
very little assessment of their primary or secondary imacts on shoreline
aesthetics, public access to the water and resultant effects on adjacent
properties and water quality, Planning for new transportation facilities
within the shoreline area today requires a greater awareness of the
environmental impacts those transportation facilities will have on shorelines
in addition to the necessity for integrating future shoreline land use plans
with the transportation system that serves developments on the shoreline.
General Policies
1. Pedestrian access should be built where access to public shorelines is
desirable and has been cut off by linear transportation corridors. New
linear facilities should enable pedestrian access to public shorelines where
access is desirable,
2. New surface transportation facilities not related to and necessary for the
support of shoreline activities should be set back from the ordinary high
water mark far enough to make unnecessary protective measures such as rip
rap or other bank stabilization, landfill, bulkheads, groins, jetties or sub-
stantial site regrade.
3. Shoreline transportation facilities should be encouraged to include in
their design and development multi-modal provisions where public safety
can be assured.
4. Shoreline transportation facilities should be planned to fit the topo¡rraphy,
to minimize cuts and fills, and should be designed, located and maintained
to minimize erosion and degradation of water quality and to give special
_An-
consideration to shoreline aesthetics.
""",.
i
5. Transportation and utility facilities should be encouraged to coordinate
joint use of rights-of-way and to consolidate crossings of water bodies when
adverse impact to the shoreline can be minimized by doing so,
6, Transportation facilities should avoid shoreline areas known to contain
development hazards (e. g. slide and slump areas. poor foundation soils.
marshes) .
7. Transportation facilities should minimize shoreline rights-of-way by
orienting generally perpendicular to the shoreline where topographic con-
ditions will allow.
8. Shoreline roadways should have a high priority for arterial beautification
funds.
9. Transportation facilities crossing 100 year flood plains should be constructed
on a low profile design so as not to serve as dikes or levees to flood waters.
10. Water surface mass transit should be encouraged.
11. Abandoned road or railroad rights-of-way which contain unique shore-
line amenities should be acquired for public benefit.
",.
.,
j
12. Roads should not be cantilevered over any streamway in King County if
there are feasible alternatives.
13. King County should extend its trail and bicycle trail system, particularly
as it relates to shorelines. to eastern King County.
14. All transportation facilities in shoreline areas should be constructed and
maintained to cause the least possible adverse impacts on the land and water
environments. should respect the natural character of the shoreline, and
should make every effort to preserve wildlife. aquatic life and their habitats.
PIERS &. MOORAGES
A pier is a structure built over or floating upon the water extending from the
shore. Some are used as a landing place for marine transport or for recreational
1. Logging road standards and regulations are part of the "Forest Manage-
ment Practices" Use Activity.
2, King County Summary Shoreline Inventory, December 1972.
\ '.,
-41-
watercraft. Piers are designed and constructed as either water (floating) or
pile supported, both of which have positive and negative environmental aspects,
Floating piers generally have less of a visual impact than those on piling and
they provide excellent protection for swimmers from boat traffic, Floating
piers. however, interrupt littoral drift an can starve down current beaches
where pile piers do not, Pile piers can provide a diverse habitat for marine
life and both types create impediments to boat traffic and near-shore trolling.
Pier construction requires regulation to protect navigation rights, to preserve
shoreline aesthetics and to maintain the usable water surface and aquatic lands
for life forms characteristic and important to those areas,
~ç
1. Open pile pier construction should be preferred where there is significant
littoral drift, where scenic values will not be impaired and where minimal
alternation to the shoreline and minimal damage to aquatic resources can be
assured. .
2. Floating pier construction should be preferred in those areas where scenic
values are high.
3. Piers should be discouraged where conflicts with recreational boaters
and other recreational water activities would be created by pier construction.
4. The random proliferation of single purpose piers should be discouraged.
Preference should be given to shared use of piers in all shoreline areas.
.r
.0
5. Temporary moorages should be permitted for vessels used in the construc-
tion of shoreline facilities. The desi~n and construction of such moorages
shall be such that upon termination of the project the aquatic life can be
returned to their original condition within one year at no cost to the
environment or the public.
6. Shoreline structures that are abandoned or structurally unsafe should be
abated.
7. Substantial additions or alterations, including but not limited to substantial
developments should be in conformance with the policies and regulations set
forth in the Master Program.
8, Piers on streamways under King County's jurisdiction should be limited
to piers for shoreline dependent uses and shoul~ only be located within
navigable segments of estuarine classified zones of those streamways.
9. Piers. docks, bouys and other moorages should only be authorized after
consideration of:
a. The effect such structures have on wildlife and aquatic life. water
.>
, "
, .
1 King County Shoreline Summary. December 1972
-42-
"')
quality. scenic and aesthetic values. unique and fragile areas.
submerged lands. and shoreline vegetation.
b. The effect such structures have on navigation. water circulation.
recreational and commercial boating. sediment movement and
littoral drift and shoreline access.
10. The policies contained herein should be enforced through the applicable
chapter of the King County Code.
11. Moorage buoys should be preferred over floating and pile constructed
piers on all tidal waters.
RECREATION
"~,,
)
Recreational experiences that depend on or utilize the shoreline include:
harvesting activities of fish. shellfish. fowl. minerals and driftwood: various
forms of boating. swimming and shoreline pathways: watching or recording
activities. such as photography. painting. or the viewing of water dependent
commercial. industrial or port activities. Principal focal points are at parks
and access beaches. road ends. viewpoints. features of special interests.
water-access points and destination points for boaters. Additional focal points
could be at commerical. industrial. and port-activity areas. Facilities at
these focal points may include fishing piers. swimming floats. paths. and
parking areas; boat ramps; moorings and marinas. and accessory recreational
facilities.
,
..,
The management of recreational land is determined by balancing the recreational
carrying capacity (or impact of the environment on people). and the ecological
carrying capacity (the impact of people on the environment), Measures to
accomplish this are by designation of areas for use-intensity. interpretation
and regulation. The use-intensity areas range from low development and low-
use intensity. to more refined and intensive development and high-use intensity.
These different recreational-use areas very generally coincide with the four
Environments -- Natural. Conservancy, Rural and Urban. There are multiple
benefits derived from the park program; for example: recreational lands
contribute substantially to open space by conservation of land. preserving
historic sites. offering aesthetic relief and variety. contributing to a healthful.
environment. and shaping and preserving the regional form. In addition to
the provisions of recreational opportunities. King County coordinates with
other governmental agencies. commercial and volunteer groups to provide
these opportunities for the public. The policies are directed toward providing
an optimum variety of shoreline dependent and water oriented recreational
opportunities. They are also directed at protecting health and safety by
separating incompatible activities and channeling them into their most appropriate
Environments.
-43-
General Policies
1. The development of recreational acquisition plíms should give emphasis
to the acquisition of prime recreation lands prior to their being preempted for
other uses.
,;1V
2. In open spaces having an established sense of nature. improvements
should be limited to those that are necessary and unlikely to detract from the
primary values of the site.
3. The siting of all developments should aim to enhance and protect the
area concerned,
4, Structural forms should harmonize the topography. reinforce the use area.
minimize damage to natural resources. and support recreation with minimal
conflict.
5. New buildings should be made sympathetic to the scale. form. and proportion
of older development. to promote harmony in the visual relationships and trans-
itions between new and older buildings.
6, Whenever possible. natural materials should be used in developing shoreline
recreational areas.
-~
7. Artificial irrigation and fertilization should be restricted to hig-h-intensity
use areas,
---
8, Existing buildings that enhance the character of the shoreline should be
used for recreation wherever possible.
9. Underwater parks should be extensions of shoreline parks, or be created by
or enhanced by artificial reefs where natural conditions or aquatic life could
be observed minimally interfered with.
10. Public recreational shoreline areas should serve as emergency havens
of refuge for boaters.
11. Physical and/or visual access to the water should use steep slopes, view
points from bluffs. stream valleys. and features of special interest. where it
is possible to place pathways consistent with public safety without requiring
extensive flood or erosion protection.
12, The acquisition of public easements to the shoreline through private or
quasi-public shorelines should be encouraged.
13. Existing public recreation shorelines should be restored where it is
possible to revegetate. re-site roads and parking areas that are close to the
-44-
snorenne, ren. ,e stream cnannenzanon ana snor-",nne protecnon aeVlces, w nen
the facility has either deteriorated or is inconsistent with the general goals of
this program.
-""'\
1
14. Prime fishing areas should be given priority for recreational use.
15. Boating activities that increase shore erosion should be discouraged,
16. Effective interpretation should be provided to raise the quality of visitor
experiences and to provide an understanding of the resource,
RESIDENTIAL DEVELOPMENT
The developed shorelines in King County are currently more widely used for
residential purposes that for any other competing use. Much of the undeveloped
shoreline is privately-owned, subdivided into small lots and zoned to permit
residential development,
The pressure to develop additional shorelines for residential uses has con-
tinued to result in property subdivision and escalating waterfront land values.
Residential development of shorelines is accomplished in a variety of ways
from large plats and subdivisions for multi-family dwellings to single lot
development for recreational housing any of which, if poorly planned. can
culminate in the degradation of the shoreline environment and water resource.
")
The Shoreline Management Act of 1971 specifically exempts "construction on
wetlands by an owner, lessee or contract purchaser of a single family
residence for his own use or the use of his family. , ." from its permit require-
ments. However, even though single family homes are not considered
substantial developments the intent of the Act has established the basis for
planning and regulating them.
General Policies
1. Residential developments should be permitted only where there are
adequate provisions for utilities. circulation. access, site layout and building
design .
2. The use of the planned unit development (PUD) concept should be
encouraged for residential developments within the shoreline area so that
all facets of the development can be examined at the time of initial application.
3. Subdivisions should be designed at a level of density. site coverage
and occupancy compatible with the physical capabilities of the shoreline and
waterbody.
4. Residential development plans submitted for approval should contain
provisions for protection of groundwater supplies, erosion control, landscaping
and maintenance of the shoreline integrity .
c.)
-45-
5. Residential subdivisions should be designed so as to protect water quality .
shoreline aesthetic characteristics. vistas and normal public use of the water.
f4~~
'i'
6. Subdivisions should provide public pedestrian access to the shorelines
within the development in accordance with Public Access Element of this
Master Program.
7. The established velocity. quantity and quality of storm water discharge
should be considered in terms of the sensitivity of the proposed receiving
environment, The disposal mode selected should minimize changes in
infiltration. runoff and groundwater recharge.
8. Developers of recreational projects such as summer homes. cabins.
campgrounds and similar facilities should satisfactorily demonstrate:
(a). the suitability of the site to accommodate proposed development
without adversely affecting the shoreline environment and water
resource,
(b) adequate provisions for all necessary utilities including refuse
disposal.
(c) the compatibility of the development with adjacent properties
and surrounding land uses. and
-',,",
$;
(d) that recreational opportunity exists on the site and does not depend
on adjacent public land to furnish the activity.
9. Streets. roadways and roadway easements. whether publicly or privately
owned, within the boundaries of any waterfront parcel. should not be used
to compute lot area. lot dimensions. yards. open space or other required
conditions of land subdivision or development.
:E'
-46-
-","\,
f
GLOSSARY
Billboard - A sign containing a message. commercial or other visual
communication unrelated to any use or activity on the property on which
the sign is located.
Buffer Zone or Buffer Strip - An area of land which (1) serves to reduce
the adverse impacts between land uses of different intensities or (2) serves
to separate or identify transitions between land uses of the same intensity .
Campground - An outdoor recreational facility or resort with permanent
camping sites or installations.
Cull - Defective or low grade timber.
Designated Shorelines - Shorelines and shorelines of statewide significance.
Embankment Fill Slopes - Fill slopes compacted by equipment.
End Haul - The transportation of excess excavation material along the road
surface to construct a road of balanced design.
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/
'Fetch - The distance from one shore to the opposite shore measured perpen-
dicular to the shoreline.
Forest Management - The application of scientific. economic. and social
principles to the administration and working of a forest property for
specific objectives.
Freestanding Sign - A single or multiple-faced sign. supported from the
ground by one or more columns. uprights or braces,
Ground Water Table (Level) - The upper surface of the underground zone
of saturation.
Impervious - Impenetrable. not allowing fluid flow.
~ - An artificial barrier used to change the natural littoral drift to
protect inlet entrances from clogging by excess sediment,
Landing - A place at which logs are assembled for transportation in loads
or rafts.
Left Bank - The left shore of a river or stream as determined by facing
downstream.
. "¡
Merchantable - That portion of a tree or stand which can be marketed under
given economic conditions. even if so situated as not to be immediately
accessible for logging.
Mulching - The addition of materials (usually organic) to the land surface
to curtail erosion or to retain soil moisture.
!(~~
t})C"i?
Multiple Use - The combining of compatible uses within one development.
The major use or activity must be shoreline dependent. The major use
or activity must be in terms of both dollar value and commitment of land.
~ - A concentration of activity or development generally located at a
point along a route.
Non-designated Shorelines - (a) those shorelines on streams, upstream of
a point where the mean annual flow is twenty (20) cubic feet per second
or less the wetlands associated with such upstream segments; and (b)
shorelines on lakes less than twenty (20) acres in size and the y¡etlandS
associated with such lakes.
Regeneration - The renewal of a tree crop, whether by natural or
artificial means.
Right Bank - The right shore of a river or stream as determined by facing
downstream.
Run-off - That part of precipitation that flows over the land surface from
tliëãrëa upon which it falls.
.<~)
Side Cast Slopes - Slopes compacted by natural settling over time.
Shorelands - Lands bordering on the shores of a navigable lake or river
not subject to tidal flow, between tl'ie line or ordinary high water and the
line of navigability .
Shoreline Dependent and Shoreline Dependent Uses - All uses which
can only exist in a location where the land water interface provides bio-
logical or physical conditions necessary for the use.
Specific Gravity - The weight per unit of a material by the weight per unit
of water. Materials with a specific gravigy less than 1.0 float on water.
Subdivision - For the purpose of this Master Program subdivision means
the division of land into two or more lots, tracts, sites or divisions for
the purpose of sale, lease, transfer or development and shall include
all re-subdivision of land and planned unit developments.
Stringer Bridge - A bridge constructed of lengths of timber supporting a
number of small transverse members.
Tidelands - The beds and shores of navigable tidal waters lying between
the line of ordinary high tide and the line of extreme low tide.
:'f!:
'",,1-'
Tolerant of Human Activity - Those areas that are not ecologically sensitive.
hazardous or scientifically significant.
Unique and Fragile Areas - Those portions of the shoreline which (1)
contain or substantially contribute to the maintenance of endangered or
valuable forms of life; or (2) contain steep slopes, marshes or other
areas having unstable or potentially hazardous topographic, geologic
or hydrologic features; or (3) have significant historical, cultural,
scientific or educational value.
Water Barring - Diverting surface water by a berm, ditch. log or other
diversion method away from an area.
Water Oriented Uses - All usea which gain substantial benefit from the
proximity of water but are able to function independent of the water
environment.
Yarding - The operation of transporting timber from the cutting area to a
yard or landing.
¡- ..:
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."
Chapters :
25.04
25.08
25.12
25.16
25.20
25.24
25.28
25.32
SHORELINE MANAG~~ENT
Title 25
SHORELINE MANAGEMENT
Purpose - Title - Scope
De f i -o.i ti ous
Environment Designations
Urban Environment
Rural Environment:
Conservancy Environment
NabJral Environment
Procedures
CROSS-REFERENCE:
For provisions :'egarding nondelinquenc p:'oper=y ':ax ce:',:ifica':ion, see Ch.
4.68 of this code.
1012
(~ng Coun=y 12-87)
�:
Sectionss
25.04.010
25.04.020
25.04.030
25.04.040
25.04.050
25.04.060
PURPOS� TSTLE SCOPE
C�apter 25.04
P[1RPOSE TITLB SCOP$
25.04.010 25.04.050
Purpose.
Citation.
Scop�.
Liberal construction.
Relationship to other Ring County programs.
Severability.
25.04.010 Purpoee. The purpose of this title is to implemeat the
Shoreline Management Act of 1971 and to provide for the requlation ot
development which impacts those areas of Ring County under the jurisdiction of
the Shoreline Management Act consistent with the policies of Section 2 of that
act, WAC 173-16 and the goals, �policies and objectives of the Rinq County
shoreline management master program.
This title contains the requlations of Rinq County's shoreline managemeat
master proqram and the procedures to implement those regulations. Th�se
requlations and procedures are consistent with and implement the goal�,
policie� and objectives of Rinq County's shoreline manaqement master proqram
which are contained in a separate document and adopted by ordinance. (Ord.
3688 101, 19'78).
25.Od.020 Citatioa. This title shall be known as the shoreline management
code. (Ord. 3688 102, 1978).
25.Od.030 Scope. A. No development shall be undertaken by any person on
the shorelines of the state unless such development is consistent with the
provision� of this title and the goals, policies and objective� of the master
proqram.
B. Development prohibited by this title but otherwise pezmitted by Kinq
County land use controls is prohibited only within the shorelines of the state.
G. Denelopment pzoposed on property adjacent to water bodies or wetlands
under the jurisdiction of the Shoreline Management A�ct shall be evaluated in
terms of the goal�, policies and objectives of the master program. (Ord. 3688
103, 1978).
25.04.040 Liberal constrnction. This title is exempted from the rule of
strict construction and shall be liberally construed to qive full effect to
the objectives and purposes for which it was enacted. (Ord. 3688 104, 1978).
25.04.050 i�lationship to otber 1Cinq Couaty progra�s. Iti.ng County shall
issue no permit prior to approval pursuant to this title nor take no action
contrary to the goals, policies, objectives and requlations oE the Rinq County
shoreline manaqement master proqram when property under the jurisdiction of
the Shoreline Manaqement Act is involved in a request for a decision in any of
the followinq proqrams:
A. Buildinq permit;
B. Right-of-way construction permit;
C. Short subdivision;
D. Gradinq permit;
E. Site plan approval;
1013 (Iting County 12-81)
25.04.060 SHORELINE MANAGEMENT
I�. Access permit;
G. Trail pes�tit;
H. Stata flood control zone pe=mit;
I. Zoniaq variance;
J. c:onditicnal uae permitt
K. Comprehensive plan amendment or �ddition;
L. Zone reclasst�icationt
M. Unclasaified use permit;
N. Planned utsit development appronal;
O. Subdivision approval.
P. Mobile home park permits
Q. Mobile home pesmit;
R. Recreational vehicle park permit. (Ord.
105, 1978).
5317 17, 1981: Ord. 3688
25.04.060 Sevarability. If any provision of this title or the master
proqram requlations and procedures hereby adopted or its apolication to any
person or circumstance is declared unconstitutivnal or invalid for any r�ason,
such decision shall not a�fect the validity of the remaininq portions of this
title or the master pzogram. (Ord. 3688 106, 1978).
Chaptez 25.08
DEFINIT IONS
Sectioas:
25.08.010
25.OB.020
25.08.030
25.08.040
25.08.050
25.08.060
25.08.070
25.08.080
25.08.090
25.08.100
25.08.1I0
25.08.120
25.08.130
25.08.140
25.08.150
25.08.160
25.08.I70
25.08.175
25.08.180
25.08.185
25.08.190
25.08.200
25.08.210
25.08.220
25.08.230
25.08.240
25.08.250
25.08.260
25.08,270
Applicability of RC�7 and WAC definitions.
Acces s.
Aquatic resouzce practices.
Averaqe grade level.
Backf°ill.
Backshore.
Beach feeding.
Ber�.
ezea;rrater.
Bul.k:�ead
Class I beach.
Class ZI beach.
Class ZZI beach.
Clearcut logqing or clearcutt�nq.
Department.
Qevelopment.
Director.
Dredqinq.
Earth material.
End Kaul Construc�ion.
Environment.
Dccavation.
F�oa
Floating home.
Groin.
Hei qrt
Jetty.
Landf il l.
Littoral dri�t.
s�
DEFINITIONS
25.08.280
25.08.285
Z5.08.290
25.08.300
25.08.310
25.08.320
25.08.330
25.08.340
25.08.350
25.08.360
25.08.370
25.08.380
25.08.390
25.0$.400
25.08.�410
25.08.420
25.08.430
25.08.440
25.08.450
25.08.460
25.08.470
25.08.480
25.08.490
25.08.500
25.08.510
25.08.520
25.08.530
25.08.540
25.08.550
25.08.560
25.08.Sb5
25.08.570
25.08.580
25.08.590
25.08.600
25.08.610
25.08.010 25.08.030
Lot.
Manager.
Master program.
Natusal hatahery.
Nonconforminq use or development.
Nonwater related use.
Normal protective bulkhead common
Open space, required.
Ordinazy high water mnrk.
Person.
Pies.
Port.
Recreational development.
Redesignation.
Regeneration.
Residential development.
Rigrap.
Sediment.
Selective cutting.
Shoreline management conditional
Shoreline management variance.
Shoreline protection.
Shorelines.
Shoreline setback.
to �inqle-family residences.
use.
Shorelines of statewide significance.
Shorelines of the state.
Side cast slopes.
Siqn.
Slash.
Solid waste.
Stringer Bridge.
Substantial development.
Utilities.
Water dependent use.
Water related use.
Wetlands.
25.08.010 Applfcability of RCW and WAC definitions. Unless otherwise
defined in this chapter, the definitions contained in title 21 (th� zoning
code), RCW Chapter 90.58 and WAC 173-14 shall apply. (Ord. 3688 Ch. 2(part),
1978
25.08.020 Access. A. Bublic Access. "Public access" means actual
unobstructed access available to the general public from land to the ordinary
hfgh water mark or to the wetland directly abutting the ordinary high water
mark.
B. Limited Public Access. "Limited public access" means:
1. Actual physical access from land to the ordinary high water mark or
to the wetland directly abutting the ordinary high water mark, such access
being limited to specific groups of people or to certain regularly prescribed
times; or
2. Visual access available to the general public to the shoreline and
adjacent waterbody, such access being specifically provided for in the
development of the site. (Ord. 3688 S 201, 1978).
25.08.030 Aquatic resource practices. "Aquatic resource practices" means
25.08.030 25.08.100
SHORELINE MANAGEMENT
the culture or farming o� fin fish, shellfish, alqae or other plants or
animala in fr�ah or mariae waters.
Excluded fsom the detinition of aquatic resource practices are related
comm�rcial or iadustrial uses such as wholesale or retail sales; or final
processiaq, pa�fcinq, or treezinq. (Ord. 6511 S 1, 1983: Ord. 4Z22 S 1, 1979:
Ozd. 3688 s 202, 1978).
25.08.040 Averaqe qrads level. •Averaqe grade level" means the averaqe of
the natural or existinq topoqraphy at the csnter of all extezior walls ot a
building or structuse to be placed on a site; provided, that in the case of
stzuctures to be built over r+ater, averaqe qrade level shall be the elevation
of ordinary hiqh water. (Ord. 3688 S 203, 1978).
25.08.050 Backtill. "Bacfcfill" means the placement of earth material
behind a retaininq wall ot structure. (Ord. 3688 204, 1978).
25.08.060 Backshore. 'Bacfcshore" means a berm, toqether with associated
marshes or meadcn+s on marine shores, landWard of t:�e ordinary high water mark
whict� is normally abeve high tide level and has been gradually built up by
accretion. (Ord. 3688 g 205, 1978).
25.08.070 Heaat� teedinq. 'Beach feeding" means landfill deposited on land
or in the wat�r to be distributed by natural watet processes for the pur�ose
of supplementinq beach cnaterial. (Ord. 3688 206, 1978)
��
25.08.080 8erm. "Berm" means one or several linear mounds of sand and
qravel qenerally parallelinq the shore at or landvard of the ordinary high
water mark which are normally stable because of material size or vegetat�en.
(Ord. 3688 S 207, 1978).
25.08.090 Breakwater. 'Breakr+ater' means an off-shore structure either
floating or not which may or may not be connected to t:�e shore, such str;:cture
being designated to absorb and/or reflect bacic into the water oody t:�e energv
of the waves. (Ord. 3688 g 208, 1978).
25.08.100 8ulk:�ead. "3ulkhead" :neans a solid or ogen ?i:e wal� of :ock,
conczete, steel or timber or other :naterials or a ccnbination of t::ese
materials erected generally parallel to and near tbe ordir.ary high water mark
for the purpose of protecting adjacent wetlands and uplands f:om Wa��es or
currents. (Ord. 3688 S 209, 1978).
(Rinq County 9-83) 1016
DEFINITIONS
.,��: 25.08.110 Class I beach. "Clnss I beach' means a beach or shore having
'dependable, geologically fully developed, and normally dry backshore above
hiqh tide. (Ord. 3688 s 210, 1978).
25.08.120 Claaa II beach. "Clnss II beach• means a beach or shore havinq
only marqinally, geologically partially developed and not dependably dry
backshore above hiqh tide. (Ord. 3688 s 211, 1978).
Z5.08.130 Class II2 beach. "Class iII beach' means a beach or shore
havinq no dry back�hore available at hiqh tide. (Ord. 3688 S 212, 1978).
25.08.140 Clearcut loqqinq or clearcuttinq. •Clearcut logginq' or
"clearcutting" means the removal of the entire merchantable timber stand from
an area. (Ord. 3688 S 213, 1978).
25.08.150 Department. "Department' means the Department of Planning and
Ccmmunity Development. (Ord. 3688 S 214, 1978).
1016-1 (Rfng County 9-83)
F DEFZN2�S 25.08.1 2
60 5 08 280
25.Q8.160 Develap�ent. "Development" means any development as defined in
RG�T Chapter 90.58 as now or hereafter amended. (Ord. 3688 215, 1978).
25.08.170 Director. "Director" means the director of the Department of
Planning and Coaomunity Development or his authorized designee. (Ord. 3688
216, 1978).
25.08.175 Dzedqing. "Dredging" is the removal, displacement, and/or
disposal o� unconsolidated earth material such as sand, eilt, gravel, or other
submerged materials, from the bottom ot water bodies, ditches, or natural
wetlandst maintenance dredqing and/or support activities are included in this
def inition. Ord 5 734 1, 19 81)
25.08.180 Earth matsrial. "Earth material" is rock, natural soil or
combination thereof. (Ord. 3688 217, 1978).
25.08.185 B1nd haul constrnction. "E1id haul construction" means the
transportation of excess excavation material alonq the road surface to
construct a road of balanced volumes of cut and fill. (Ord. 5734 l, 1981).
25.08.190 E7nvironme�. "F�nvironment" or "master program environaeent" or
"�horeline environmeat" means the cateqories of shorelines of the state
established by the Rinq County shoreline management mastez proqram to
differentiate between areas whose features imply differinq objectives
regarding th�ir use and future development. (Ord. 3688 218, 1978).
25.08.200 Fsccavation. "F]ccavatioa" means the artificial movement of earth
material. (Ord. 3688 219, 1978).
25.08.210 Ploat. "Float" means a structure oz device which is not a
breakwater and which is moored, anchored, or otherwise secured in the waters
of Ring County and which is not connected to the shoreline. (Ord. 3688 220,
1978).
25.08.220 Floatinq haie. "Floatinq home" means a houseboat, boat or
building constructed on a float, used in whole or in part for human habitation
as a dwelling unit, and which is moored, anchored, or otherwise secured in
waters within unincozporated King County. (Ord. 3688 221, 1978).
25.08.230 Groin. "Groin" means a barrier type structure extending from
the backshore into the water across the beach. The pu�ose of a qroin is to
interrupt sediment movement along the shore. (Ord. 3688 222, 1978).
25.08.240 Heiqht. "Height" shall be measure3 from averaqe grade level to
the highest point of a structure; provided, that appurtenances such as
television antennas and chimneys shall not be used in calculating height.
(Ord. 3688 223, 1978).
25.08.250 Jettp. "Jetty" means a artificial barrier used to chanqe the
natural littoral drift to protect inlet entrances from clogginq by excess
sediment. (Ord. 3688 224, 19�8).
25.08.260 Iandfill. "Landfill" is the placement of earth material by
1017 (King County 12-81)
25.08.280 25.08.380 SHORELINE MANAGII�iENT
provisions of state law shall have only one lot within the meaninq of this
title. (Ord. 3688 227, 1978).
25.08.285 Manaqer. "Manaqer" means the manaqer of the Building and Land
Development Divisioa or his authorized deaignee. (Ord. 5734 l, 1981).
25.08.290 Master pzoqraa. "Master program" means the comprehensive
shoreline use plan toz ICinq County cansistinq of:
A. The uae regulations and procedures contained in this title; and
H. The goala, objectives and policies of the Kinq County shozeline
manaqement mastQr proqram which are contained in a separate document and
adopted by ordinance. (Or3. 3688 228, 1978).
25.08.300 Natnral hatchexp. "Natural hatchery" means a gacility for the
rearinq and/oz holdinq o! fish, the design of which is c�mpatible with t'�e
natural eavizonment and contains minimal developmeat necessary for fish
propaqation. (Ozd. 4222 2, 1979).
25.08.310 Nonconforminq us� oz developmeat. ":voaconfoz�inq usa or
development" means those uses and structures t'.:at have been lawfully
established or constructed prior to November 22, I9�6, which no lonqer confor.0
to the applicable requlations of the �aaster proqram. (Or3. 3588 229, 1978).
25.08.320 lbnr+ater related use. ",Tonwater related use" means a use wci�h
is neither water dependent nor water reZated. (Ord. 3688 230, �978).
25.08.330 Nozmal protective bulkhead cammon to sinqle-family reaidences.
"Nor:nal protective bulkhead common to sinqle-faasiiy res�deaces" mea^s a
bulkhead constructed on a buildinq site zoned to pe�it one sizqle-f amily
zesidence and containinq one sinqle-family rasidence. (Or�. 3688 231, 1978).
25.08.340 Open spac:, reqnired. "Required open space" mear.s a poz-t:ion o�
the area of a building site, which is :equired by t':is titie, as set Rorth in
different desiqnations contained in this title, to be mainta�r.ed as open area
to be available for use by the persons s�ec:fied in a de•reiopc�ent. Coea
spaces are recuired to be �ree and clear of bu��d�ncs and st;uc���res and to
re�ain ooen and unobs�uc�ed from t:�e ground to t:�e s}cr. 3688 232,
1978)
25.08.350 Ordinazy high watar mark.
ordinary hiqh watez �ark as def�ned in
(Ord. 3688 233, 1978)
"Ord�zasy h±qn watez mark" means the
RC� 90.58 as noW or hereafter amended.
25.08.360 Person. "Person" means an individual, partnership, corporation,
association, organization, cooperative, public or municipal corporation, or
agency of any governmental unit however desiqnated.. (Crd. 3688 235, i978).
"'
25.08.370 Pier. "Pier" or "dock" means a structure bu�It in or over or
float:nq upon :�e watez extendir.q fzom t^e shore, w'r.:c^ ma�� be use� as a
landing place for marine transport or for air or water craft or recrea�ional
activities. tord. 3688 234, 1978).
25.08.380 Port. "Port" means a te�inal Faci�ity Nhere ger.er31 and/or
bulk cargos are �tored and/oz transferred from land carriers to water carriers
or vice versa. (Ord. 3688 236, 1978).
SHORELINE MANAGFMENT
25.08.260 25.08.280
artificial means. (Ord. 3688 225, 1978).
25.08.270 Littoral drift. "Littoral drift" means the natural movement of
sediment along marine or lake shorelines by wave breaker action in response to
prevailing winds. (Ord. 3688 226, 1978).
25.08.280 L�t. "Ict" means a legal building site that is described by
reference to a recorded plat, by metes and bounds, or by section, town�hip and
ranqe Which has direct leqal access to a atreet or has access to a street over
an easement approved by the county, provided that an owner of all oz a
contiquous portioa of a plat which has been vacated consistent with the
1U17-1
(1Cing c:ounty 12-81) I
DEFZNITIONS 25.08.390 25.08.490
25.08.390 Aecreational develop�eat. "Recreational development" means a
private or public development operated and devoted to facilities and equipment
for recreational purposes, i�cluding but not limited to swimminq pools, tennis
courts, playgrounds, picnic areas, camp grounds, resorts and other similar uses
whether the use of auch area is limited to those paying a fee or free to th�
public. (Ord. 3688 238, 1978).
25.08.400 Redesigaation. "Redesiqnation" means a chanqe in the shoreline
eavironmeat designation by the procedures provid�d in Chapter 25.32 of this
title. (Ord. 3688 237, 1978).
25.08.410 Regeaerstion. "Reqeneration" means the renewal of a tres crop,
whether by natural or artificial means. (Ord. 3688 239, 1978).
25.08.420 Itesideatial develop�eat. A. Residential Developmeat,
Single-family. °Sinqle-family residential development" or "single-family
development" means development consisting of one or more one-family dwellinqs.
B. ltesidential Development, Multifamily. "Multifamily residential
development" or "multifamily develapment" means development consistinq of one
or more two-family dwellinqs and/or multiple dwellinqs. (Ord. 3688 240,
1978).
25.08.430 Riprap. "Riprap" means hard angular quarry rock used for
zevetments or other bank stablization projects. (Ord. 3688 241, 1978).
25.08.440 Sediaent. "Sediment" is material settled from suspension in a
liquid medium. (Ord. 3688 242, 1978).
25.08.450 Select3�e cnttinq. "Selective cuttinq" means the removal of
certain trees selected for cuttinq so as not to interfere with the growth and
development of the remaining trees. (,Ord. 3688 243, 1978).
25.08.a60 Shoreline manaqeaent conditional us�. "Shoreline manaqemeat
conditional use" or "shoreline conditional use" means a use speci.fically
designated as a shoreline conditional use in the shoreline manaqement master
proqram. (Ord. 3688 247, 1978).
25.08.470 Shorel3ne manaqeaent variance. "Shoreline management varfance"
means an adjustment in the application of the requlations of the shoreline
management.master program consistent with WAC 173-14. (Ord. 3688 248, 1978).
25.08.480 Shoreline protection. "Shoreline protection" means a structuze
or device, includinq but not limited to breakwaters, bulkheads, jetties,
qroin$ and riprap, which is placed so as to prevent erosion or to alter the
norsnal currents, wave actions or other natural forces or actions of a
waterbody. (Ord. 3688 251, 1978).
25.08.490 Shorelines. "Shorelines" means all of the watez areas within
the unincorporated portion of King County, includinq reservoirs, and their
associated wetlands together with the lands underlying them; except:
A. Shorelines on segments of streams upstream of a point where the mean
annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments;
B. Shorelines on lakes less than twenty acres in size and wetlands
1019 (Kinq County 12-81)
25.08.490 25.08.600' �ORELINE MANAGFMENT
associated with such lakes. (Ord. 3688 246, 1978).
25.08.500 Shoreliae setback. "Shoreline setback" means a required open
space measured horizontally upland trom and perpendicular to the ordinary hiqh
water mark, or a required opea space alonq shorelines which are steep slopes,
slide areas or lloodplains. (Ord. 3688 25Z, 1978).
25.08.510 Shorelines of state�ride sigailicaace. "Shorelines of statewide
siqriificance" means those shorelines described in RC�T 90.58.030(2)(e) which
ara within the unincozporated portion ot Ki.nq County. (Ord. 3688 249, 1978)•
25.08.520 Shoreliaes o! the state. "Shorelines of the state" are total
of all "shorelines" and "shorelines of statewide siqnificance" within
unincorporated ICing County. (Ord. 3688 250, 1978).
25.08.530 Side cast alap�s. "Side cast slopes" mean� slopes o� land�i.Il
compacted by natuzal settlinq over time. (Or3. 3688 244, 1978).
25.08.540 Sigrt. "Siqri" means any letLers, �iqures, desiqn, symbol, licht,
structure, billboard, trademark or device intended or used to attract
attention to any activity, service, place, subject, persen, firrn, corporation,
public performance, article, machine, mezchandise or thizg. E�ccluded from
definition and regulation by this title are official traf:ic siqns or sigrials,
official public notices, sigris required by law, warnizg siqns, the flaq of a
qovernment or noncommercial institution such as schools and temporary signs
worn or carried by people. (Ord. 3688 245, 1978).
25.08.550 Slash. "Slash" means the branches, ba:k, toos, chunks, cull
locs, uprooted �ttuaps and broken or uprooted trees whic:z remain on tae ground
aftez logginq. (Ord. 3688 253, 1978)
25.08.560 Solid waste. "Solid waste" mear.s alI pu=rescible and
nonput�escible solid and semisolid wastes includinq but .^.ot l::ni�ed to
garbaqe, rubbish, ashes, industz�al wastes, swill, de�clit+on ar.d cons�ruction
wastes, abandoned vehicles or parts t^ereof and discar3ed co^.ncdities. (Or3.
3688 254, 1978)
25.08.565 Stringer bridqe. a"s�riage: br:dge" is a�r:�ge c�ast:��c�e3
of lenqths of tizzbez supportinq a aumbez of smalier transverse me�:fezs. (Or3.
5734 1, 1981).
25.08.570 Slibstantial develoFseat. "Su�stantial �eve'_oo�ent" �eans any
development whic� requires a sroreline aanagement substant:ai deve?opment
permit, as de�ined in RCW 90.58.030(3)(e) as now or herea�tez a�ended. (Ord.
3688 255, 1978).
25.08.580 Oti2ities. "Utilities" are all lir.es and facilit:es related to
tl:e distribution, collection, transnission or disaosal of water, stoz�► and
sar.itary sewaqe, oi2, qas, powez or :efuse. (Or3. 36E8 256, :978).
25.08.590 Water dependeat use. "Water dependent use" or "water dependeat
development" means a principal use which can only exist wheze the landwater
interface provides biological or pi:ysical cer.c��icns necessar� _°or t?:e use.
(Or3. 3688 257, 19i8).
.
25.08.600 Water re2ated use. 'water related use" or "water related
(:Cing County 12-81) 1020
DEFZNITIONS
25.08.600
25.08.600 iiTater related nse. "Watez related use" or "water related
development" means a principal use which .is not intrinsically dependent on a
location abuttinq the ordinary high water mark but which:
,
�
1020-1 (King County l�-tsl)
DEFIN�IONS
25.08.600 25.12.030
A. Promotes the public's enjoyment of or access to the water; or
B. Gains a cost savings or revenue-differentiating advantage, which is
not associated with land rents or costs, from being �located within the
shorelines of the state that could not be obtained at an upland location;
such uses include but are not limited to residential development, boat sales
or restaurants. (Ord. 3688 258, 1978).
25.08.610 Wetlands. "Wetland," "assxiated wetlands" or "wetland areas"
means those lands extending landward for two hundred feet in all dfrections as
measured on a horizontal plane from the ordinary high water mark; and all
marshes, bogs, swamps, floodways, river deltas, and the entire
one-hundred-year floodglains associated with the streams, lakes and tidal
waters which are subject to the provisions of this title; the same to be
designated as to location by the Washington State Department of Ecology.
Floodplains shall not include those areas which are effectively protected from
the one-hundred-year flood by authorized flood control devices or other legal
improvements. (Ord. 3688 g 259, 1978).
Chapter 25.12
ENVIROPIIrIENT DESIGNATIONS
Sections:
25.12.010
25.12.020
25.12.030
25.12.040
25.12.050
Purpose.
Names of environment designations.
Lin+its of environment designations.
Establishment of designations.
Location of boundaries.,
25.12.010 Puzpose. The purpose of these designations is to differentiate
between areas whose geographical, hydrological, topographical or other
features imply differing objectives regarding the use and future development
of the shorelines of the state.
Each environment designation represents a particular emphasis in the type
of uses and the extent of development which should occur within it. The
environmental designation system is designed to encourage uses in each
environment which 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. (Ord. 3688 301, 1978).
25.12.020 I+lames of environment designations. In order to accomplish the
purpose of this title, environmental designations have been established to be
known as follows:
A. Natural environment;
S. Con�ervancy environment;
C. Rural environment;
D. Urban environment.
(Ord. 3688 302, 1978).
25.12.030 Limits of environment designations. Each environment designation
shall consist of:
A. The entire water body from its centerline or point, including all
1021
25.12.030 25.12.050 •HORELINE MANAGEMENT
water below the surface;
B. The associated wetlands, provided, in those cases where a floodplain
or other seveze biophysical limitation to development does not cover the
entire associated wetland, one environment desiqnation may be placed on the
floodplain portion of the wetland or the portion of the wetland with severe
biophysical limitations and another on the remaining portion of the wetland;
C. In shoreline areas where severe biophysical constraints such as
floodplains, steep slopes, slide hazard areas and/or marshes, bogs or swamp�
do not cover the entire associated wetland, proposed development in the
remaininq area may be permitted consistent with the character of the
surrounding land use, the physical capabilities of the associated wetland and
applicable eounty land use plans and policies. (Ord. 3688 S 303, 1978).
25.12.040 8stablishm�nt o� de:iqnations.
A. The writtea descriptions of the boundaries of the shoreline environment
designations as adopted by ordinance in the possession of the depart�aent shall
constitute the official legal descriptions of the boundaries of those
envircnment designations.
8. The official maps prepared pursuant to wAC 173-22 in the possession of
the department shall constitute the official descriptions of t,'�e limits of all
wetlands in Ring County as defined by RC�t 90.58.030 and Chapter 15.08 of this
title.
C. The department may, from time to time as new or improved information
becomes available, modify t�e official maps described in subsection 8. of this
section consistent with state guidelines to more accurately represent or
clarify or interpret the true limits of t.'�e wetlands defined her�in. (Ord.
3688 304, 1978)
25.12.050 Location of boundaries. A. Boundaries indicated as following
streets, highways, roads and bridges shall be deemed to follow t:�e centerline
of sucf� facilities unless otherwise specified.
B. Boundaries indicated as following railroad lines and tzansmission
lines shall be deemed to follow the centerline of suc:� rights-of-way or
easements unless o t'�erwise specified.
C. Where different environmental designations have been given to a
tributary and t.'�e main stream at the point of confluence, t.'�e environmental
designation given to the main stream shall extend for a dis.tance of two
hundred :eet up the tributary.
D. In case of uncertainty as to a wetland or envircr.:neat baundary, the
director shall deter:nine its exact location pursuant to t:�e c:i�eria of WAC
173-22-055 and RC�1 90.58.030 and the provisions of this c:�apter. (Ord. 3688
305, 1978).
Chapter 25.16
URBAN ENVZROI�.*1T
Sections:
25.16.010
25.16.020
25.16.03Q
25.16.040
25.16.050
?��rpose.
Designation c:iteria.
General reguirements.
Agricultural oractices.
aquatic resource prac�ices.
1022
.
URBAN�IROt�1ENT
25.16.010 25.16.030
25.16.060 Forest management practices.
25.16.070 Commercial development.
25.16.080 Signs.
25.16.090 Residential development-Multifamily.
25.16.100 Residential development-Single-family.
25.16.110 Residential development-Accessory structures.
25.16.120 Residential development-Piers, moorage, or launching
facilities-Conditions.
25.16.130 Residential development-Piers, mooraqe, or launchinq
facilities-Accessory to multifamily development.
25.16.140 Residential development-Piers, moorage, and launching
facilities-Accessory to single-family residence.
25.16.150 Subdivisions.
25.16.160 Utilities.
25.16.170 Industrial development.
25.16.180 Shoreline protection.
25.16.190 Filling and excavation.
25.16.200 Recreation.
0
25.16.010 Purpose. The purpose of designating the urban environment is
to ensure optimum utilization of the shorelines of the state within urbanized
areas by permitting intensive use and by managing development so that it
enhances and maintains the shorelines of the state for a multiplicity of urban
uses. The urban environment is designed to reflect a policy of increasing
utilization and efficiency of urban areas, to promote a more intense level of
use through redevelopment of areas now under-utilized and to encourage
mulitple use of the shorelines of the state if the major use is water
dependent or water related while at the same time safeguarding the quality of
the environment. (Ord. 3688 401, 19'78).
25.16.020 Designation cziteria. Designation criteria for the urban
environment shall be:
A. Shorelines of the state used or designated for high intensity
commercial, industrial, or recreational use;
B. Shorelines of the state of lower intensity use, where surrounding land
use is urban and urban services are available;
C. Shorelines of the state used or designated for multifamily residential
development;
D. Shorelines of the state used for port activities;
E. Shorelines of the state developed for residential purposes and where
surrounding land use is urban and urban services are available;
F. Shorelines of the state to be designated urban environment shall not
have biophysical limitations to development such as floodplains, steep slopes,
slide hazard areas and/or marshes, bogs or swamps. (Ord. 3688 402, 1978).
25.16.030 General requirements. A. Nonwater related development and
residential development shall not be permitted waterward of the ordinary hiqh
water mark.
B. Except in those cases when the height requirements of the underlying
zones are more restrictive, no structure shall exceed a height of thirty-five
feet above average grade level. This requirement may be modified if the view
of a substantial number of residences will not be obstructed, if permitted by
the applicable provisions of th� underlying zoning, and if the proposed
development is agricultural, water related or water dependent.
1023
25.15.030 25.16.050 �HORELZNE MANAGFMENT
C. All development shall be required to provide adequate surface water
retention and sedimentation facilities durinq the construction period.
D. Development shall maintain the first fifty feet of property abutting a
natural environment as required open space.
E. Parking facilities except parking facilities associated with detached
single-family and agricultural development shall conform to the following
minimum conditions:
1. Parking areas serving a water related or a nonwater related use must
be located beneath or upland ot the development which the parking area serves.
2. Any outdoor parking area perimeter, excluding entrances and exits,
must be maintained as a planting area with a minimum width of five �eet.
3. One live tres with a minimum height of four feet shall be required
for each thizty linear feet ot planting area.
4. One live shrub of one-qallon container size or larger for each sixty
linear inche� of pianting area shall be required.
5. 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 parkinq areas are proposed.
F. Collection facilities to contzol and separate contaminants shall be
required where stocmwates runoff from impervious surfaces would degrade or add
to the poilution of recipient waters or adjac�at properties.
G. The regulations of this chapter have been categorized in a number of
sections; reqardless of the categorization of the various regulations, all
development must comply with all applicable regulations.
H. Devalopment proposed in shorelines of t.'�e state shall maintain
setbacics, p�ovide easemeats or otherwise develop the site to permit a tzail to
be constructed or public access to continue where:
1. There is a proposed trail in the Ring County trail system; or
2. Part of the site is presently beinq used and has :�istorically been
used for public access.
a. Along shorelines of the state on Lake Sammamish, no building shall
be placed on lands below thirty-two and one-half feet mean sea level. (Ord.
3688 403, 1978)
25.16.040 Aqricultural practicts. Ag:icultural
permitted in the urban environment, sub;ect to t:�e
(Section 25.16.030) of this chapter, pcovided:
A., The agricultural activity is oe::nitted in
classification;
B. Any barn, shed or other structuze constructed
permitted agricultural activity shall not be constructed
C. Agricultural activity along shorelines of the
practices may be
general requirem�Rts
t:�e ur.cerlying zone
in conjunction with the
wit:�in t.'�e floodWay;
state shall confor:n to
the best management practices develooed pursuant to the Federal Water
Pollution Control Act of 1972 and adoQted by the King County Soi.� Conservation
District.
D. Lagoons, ponds or other waste �etention facilities shall be subject to
the same standard as described in subsection B. above. (Ord. 3638 4Q4,
1978)
25.16.050 Aquatic rescurce practices. =.c•�atic :esource p:act'_c�s ;�ay be
permitted in the urban environment subject to the general requirements
(Section 25.16.030) of this chapter, �rovided:
A. Any structure placed waterward of t:�e ordinary high water mark shall
be placed so as not to:
in�s
URBAN ENVIRONMENT
1. Be a signiffcant hazard to navigationt
2. Cause siqnificant damage to neiqhboring properties=
3. Be a signigicant hazard to divers who may frequent the area.
B. Any byproducts of the aquatic resources facility which are discharqed
into the water �hall not degrade the quality of the zecipient waterbody.
C. Aquatic resource operations shall not be permitted on Class I beaches
except that such operations for the exclusive use and enjoyment of the
ndjacent upland r�sidential property owner or lessee may be permitted.
D. Aquatic resource facilities shall be installed with minimum
disturbance to banks and channels and shall not cause extensive erosion or
accretion alonq adjacent shorelines.
E. The commercial mechanical harvesting of shellfish may be permitted,
provided:
l. Such harvestinq will not materially damage other commonly harvested
aquatfc life;
2. The harvest site is rehabilitated within seven days of the harvest
operation=
3. The harvest operation will not materially damage any significant
wfldlife habitat or recreation site. (Ord. 6511 g 2, 1983: Ord. 3688 S 405,
I978).
25.16.060 Forest management practices. Forest management practices are
not permitted in the urban environment. (Ord. 3688 S 406, 1978).
25.16.070 Commetcial development. Commercial development may be
permitted in the urban environment subject to the general requirement$
(Section 25.16.030) of this chapter, and provided:
A. The commercial activity is permitted in the
25.16.050 25.16.070
underlying zone
or commercial zone
the manufacture or
s a be governed by the industrial development sections of this title.
C. Water dependent commercial development shall not be required to
maintain a shoreline setback.
classification.
B. Uses which may be permitted in a business
classification but which in fact primarily involve
remanufacture of products includinq but not limited to:
1. Boat building;
2. Electric or neon sign manufacturing;
3. Machine shops;
4. Tire rebuilding, recapping and retreading;
h 11
1025 (King County 9-83)
URBAN ENVIORNMENT
25.16.070
D. Water related commercial development shall maintain a shoreline
aetback of efther twenty feet from the ordinary high water mark or ten feet
from the edge of the floodway, whichever is greater. This shoreline setback
may be reduced either to ten feet from the ordinary high water mark or to the
edge of the floodway, whichever is greater, if the water related development
provides limited public access or public access.
E. Nonwater related commercial development shall maintain a shoreline
setback of either fifty feet from the ordinary hiqh water mark or twenty feet
from th� edge of the floodway, whichever is qreater. This shoreline setback
may be reduced either to twenty feet from the ordinary hiqh water mark or to
ten feet from the edqe of the floodway, whichever is greater, if the nonwater
related development provides limited public access. This shoreline setback
may be reduced either to ten feet from the ordinary high water mark or to the
edge of the floodway, whichever is qrester, if the nonwater related
development provides public access.
F. Piers, �mooraqes, floats and launching facilities may be permitted
accessory to cammercial development, provided:
1. The structure will serve a water dependent or water related uae=
2. The structure does not constitute a hazard to navigation. (Ord.
1025-1 (King County 9-83)
25.16.070 25.16.100
3688 S 407, 1978).
SHORELINE MANAGEMENT
25.16.080 Signs. Sfgns may be permitted in the urban environmeat subject
to the provisions of the underlying zoning, provided:
A. No sign which� is not constsucted parallel to and flush aqainst the
side of a building shall be permitted which is more than seventy-two inches in
height aa measured from the averaqe grade level.
H. Siqns paintsd upon or constructed parallel to and ilush against the
side of a building shall not extend beyond the wall or above the roof line
aqainst which th�y are coastructed.
C. Siqns shall be stationary, nonblinkinq and nonrevvlvinq.
D. Signs shall have no auxilliary projections or attactzment�.
E. Siqns shall not be erected nor maintained upon trees, or drawn or
painted upoa rocks or other natural features.
F. Artificial liqhting of signs shall be directed away �zom adjacent
properties and the rater.
G. Sigas aaten+ard of the ordinary high water mark shall be permittad
o�ly to the extent necessary for the operation of a permitted overwater
develop�aeat provided no such siqn shall be Iarqer than five square fe�t.
(Ord. 3688 S 408, 1978).
25.16.090 Residential development Multifamily. Multifamily residential
development may be permitted in the uzban environment subject to the qeneral
requirement� of R.C.C. 25.16.030, pcovided:
A. Multitamily development is permitted in the underlyinq zone;
H. Multifamily residential development shall not be per:nitted waterward
of the ordinary hiqh Water mark;
C. Setbacics. Multifamily resideatial development shall maintain a
minimum setback of fifty feet from the ordinary high water cnark, except that:
1. If the minimum setback from the ordinary hiqh water mark of a river
or stream falls within the floodway, the development shall be required to
locate past the upland edge of the floodway,
2. If development is proposed on shorelines, includi.zg one or :nore
sensitive areas, as defined in K.C.C. 21.04, such develooment shall be done in
accordance with requlations and procedures set forth in R.C.C. 21.54.150
21.54.190. (Ord. 5734 g 2, 1981: Or3. 36d8 g 409(1), 1978).
25.16.100 Residential development Single-family. Single-family
residential development may be permitted in the urban environ:nent subject to
the general requirements of R.C.C. 25.16.030, provided:
A. Single-�amily development is pesmitted in the underlyiaq zone
classification;
8. Single-family development, including floatinq homes,�shall not be
permitted watervard of the ordinary hiqh water mark;
C. Setbacks. Single-family residential develooment shall maintain a
minimum setbacic of t.+enty feet from the ordinary high water mark, except t:�at:
1. If the minimum setbacfc from the ordinary high water mark of a river
or stream falls within the floodway, t:�e development shall be rec�iired to
iocate past the upland edge of the flcodway,
2. If development is proposed on shorelines, including one or more
sensitive areas, as defined in K.C.C. 21.04, such development shall be done in
accordance wit:� regulations and procedures set fort:� in R.C.C. 2�.54.�50
t:�rough 21.54.190,
D. A farmhouse permitted under K.C.C. 21.54.060 shall be exempt from the
setbacfc requirements of this section. (Ord. 5734 g 3, 1981: Ord. 5061 5 4,
��'
;`
I
URBAN �ZRONMENT
1980: Ord. 3688 409(2), 1978).
25.16.100 25.16.110
25.16.110 Residential develop�ent a,ccessozy atznctures. Accessory
structures to the residence may be placed within the required shoreline
setback, provided:
A. No accessory atructure, except swimming pools, shall cover more than
one hundred fifty square i�eet;
B•. No accessory structure shall obstruct the view of the neiqhborinq
properties
1026-1
(Kinq County 12-81)
URBAN�IROI�iENT 25.16.110 25.16.130
,,
C. No accessory structure shall exceed eight feet in heiqht. (Ord. 3688
409(3), 1978).
25.16.120 Resideatial develop�e,at Piers, moorage, or la�ching
facilities Coaditioas. Any pier, moorage, float or launching facility
authorized by Sections 25.16.090 throuqh 25.16.140 shall be subject to the
following conditions:
A. No structure may be located nor extend further waterward af the
ordinary hi gh water mark than one-fourth the total distance from the shor�line
associated with the structure to the opposite shoreline. This total distance
shall be measured from the point where the authorized structure abuts the
ordinary hiqh water mazk to the nearest opposite high water mark as measured
alonq a straiqht lines provided, when the stsucture does not abut the ordinary
hiqh water mark, the distance from one ordinazy high water mark to the
opposite ordinary hi gh water mark shall be measured alonq the shortest
straight line passinq throuqh the centez of that structure which commences
from the property associated with such a etructure.
B• No covered pier, covered moorage, covered float, or other covered
structure is permitted waterward of the ordinazy high water mark.
C. No pier, mooraqe, float, or overwater structure or device shall be
located closer than �ifteen feet frcm the side property line extended, except
that auch structures may abut property lines for the common use of adjacent
property owners when mutually agreed to by the property owners in a contract
recorded with the Rinq �County Division of Records and Elections, a copy of
which must accompany an application for a buildinq permit or a shoreline
pesa�it; such joint use piers may be permitted up to twice the surface area
al2owed by this title.
D. Al1 piers, mooraqes, floats or other such structures ahall f loat at
all t�mes on the surface of the water or shall be of open pile construction,
provided no portion of the structure shall, during the course of the nozmal
fluctuations of the elevation of the water body, protrude more than five feet
above the surface of the water.
E. No pier, including finqer pier, moorage, float, or overwater structure
or d�vice ahall be wider than fifty percent of the lot with which it is
associated.
F. No dwelling unit may be constructed on a pier. (Ord. 3688 409(4),
1978).
25.16.130 Resideatial development Piers, moorage, or launching
facilities ll,ccessory to multifa=ily development. Piers, mooraqes, floats
and launchinq facilities may be permitted accessory to multifamily
developments, or as common use facilities associated with a subdivision or
planned unit develo.pment provided:
A. Ne more than one pier for each one hundred feet of shorelines of the
state associated with the multifamily development, su2idivision, short
subdivision or planned unit development is permitted.
B. The total number of moorage spaces shall be limited to one �aoorage
space for every two dwelling units in the multifamily development, subdivision
or planned unit development provided no more than twenty mooraqe spaces shall
be penaitted.
C Th
e maximum waterward intrusion of any portion of any pier shall be
eiqhty feet, provided this intrusion may be increased four feet for each
additional moorage space over ten moorage spaces to a maximum of one hundred
twenty feet.
1027 (King County 12-81)
0
2 5.16 .13 0- 2 5.16 .14 0 � RELINE MANAGF3�lENT
D. Z�e minimum width of each pier shall be five feet.
E. Mooraqe piles not constructed in conjunction with a pier are limited
by,the tollowinq conditions:
l. All piles shall be placed so as aot to constitute a hazard to
navigatioa.
2. No pile shall be placed more than eighty feet waterward of the
ordinary hiqh water mark.
3. All piles shall be placed in a water depth not to exceed thirteen
teet below the ordinary hiqh water mark.
p. Launching ramps and litt stations are limited by the followinq
conditivas:
1. No portioa ot a launching ramp or litt station shall be placed more
than sixty feet waterward of the ordinary hiqh water mark.
2. I�unchinq rails or ramps shall be anchored to the ground through the
use ot tie-type constructioa. Asphalt or concrete ramps or other ramps which
solidly cover the water body bottom are aot permitted.
3. No more than two coamton use launchinq ramps for each one hund.+ed
feet of shorelines ot the state associated with the multifaa�ily development,
short subdivision, subdivisioa or planned unit development peaaitted.
G. Common use �loats are limited by the i�ollowing conditions:
1. �t tloat per multifacniZy development, short subdivision,
subdivision or planned unit development i� permitted.
2. No portion of a lloat shall be placed more t:�an ei ghty feet
waterward of the ordinazy hiqh water mark.
3. No float shall have more than one hundred ti�ty square �est of
surface area.
H. Dccavated mooraqe slips shall not be pe�itted accessory to
multifamily development or as coc�on use facilities accessozy to subdivisions,
short subdivisions, or planned unit developments. (Ord. 3688 409(5), 1978).
25.16.140 Residential develop�eat Piers, moorage, or launchinq
facilities alccessosy tc siaqle-taaii,ly residence. Piezs, �ooraqea, floats
or launchinq facilities may be pesiaitted accessary to a single-family
residence, provided:
A. Pzivate, sinqle residence piers for the sole use of t::e prope:-'ry owner
shall not be cansidered an outriqht use on ICing County shore?iaes. a pier aay
be allowed when the acplicant has demonstzated a aeed °or 3corage and t::at t::e
followinq alteraatives have been iavest�gated and are ao� a•ra?:.able or
feasible:
1. Commercial or marina mooraqe;
2. Floatinq moorage buoys;
3. Joint use mooraqe pier.
S. No more than one pier for each residence is per�itted.
C. On lots with less than fit`ty feet of waterfront only joizt use piers
shall be permitted except when both lots abuttinq the subject lot have Iegally
established piers then the lot with less than f ifty feet o¢ waterfront may be
peztaitted an individual pier.
D. The maximum waterward intrusion of any portion of an� p�er s'r.all be
eighty feet, or the point where the water depth :s thirteen feet be?ow the
ordi.zary high water mark, whichever is reacaed first.
E. The total surface area of piers, mooraqes, floats and/or launching
facilities, or any combination thereof, shall not exceed six hundred seuare
fee*_, provided that, no float shall have more t::an or.e �:u^dred °i� s�sare
feet of su�'ace area.
� �
(ICinq County 12-81) 1028
URBAN �IRONMENT
25.16.140 25.16.160
F. Moorage piles are limited by the following conditions:
1. All piles shall be placed so as to not constitute a hazard to
navigation.
2• No pile shall be placed more than eighty feet waterward of the
ordinary high water mark.
3. All mooraqe piles shall be placed in a water depth not to exceed
thirteen feet below the ordinary hi gh wate= mark.
4. No more than two moorage piles per residence are permitted.
G. Launchinq ramps and lift stations are limited by the following
conditions:
1. No portion of a launchinq ramp oz lift station shall be placed more
than aixty feet waterward of the ordinary hiqh water mark.
.2. Al1 portions of a launching ramp or lift station shall be placed at
a depth not to exceed eiqht feet below the ordinary hi gh water mark.
3. I�unchinq rails shall be anchored to the qround wfth the use of
tie�type construction. Asphalt or concrete ramps or other ramps which solidly
cover the water-body bottom are not permitted.
4. No more than one launching rail per single-family residence is
permitted.
H. Floats are limited by the following conditions:
l. �e float per residence is permitted.
2. No portion of a float shall be placed more than �ighty feet
waterward of the ordinary high water mark.
3. Retrieval lines shall not float at or near the surface of the water.
4. No float shall have more than one hundred fifty square feet of
surface area.
I. Excavated moorage slips are limited by the followinq conditions:
1. One moorage slip per residence is permitted.
2. No mooraqe slip shall be excavated more than six feet below the
ordinary hiqh water mark.
3. No moorage slip shall have more than five hundzed twenty-f ive square
feet of surface area as measured from the tops of the banks and the ordinary
hiqh water mark.
J. A residence may have either a pier or an excavated moorage slip, but
not both.
R. No excavated mooraqe slips shall be pexmitted on the Sammamish River.
(Ord. 5734 4, 1981: Ord. 3688 409(6), 1978).
25.16.150 S�bdivisions. A. Any lot located wholly or partially within
the shorelines of the state shall be subject to the substandard lot provisions
of Chapter 21.48.
B. Su2amerged land within the boundaries of any waterfront parcel shall
not be used to compute lot area, lot dimensions, yards, open space or other
similar required conditions of land subdivision or development, except, where
specifically authorized by ordinance, such lands may be used in area
computations as an incentive to encourage common open space waterfront areas.
C. The lot averaging provisions of Title 21 shall not apply to lots
wholly or paritally within the shoreline. (Ord. 3688 410, 1978).
25.16.160 Otilities. Utility facilities may be permitted in the urban
environment subject to the general requirements section (Section 25.16.030) of
this chapter, provided:
A. Utility and transmission facilities shall:
1. Avoid disturbance of unique and fragile
2. Avoid disturbance of wildlife spawning,
1029
areas;
nesting and rearing areas;
(King County 12-81)
25.16.160 25.16.170
S�aRE7:INE MANAGFMENT
3. Overhead utility facilities shall not be permitted in public parks,
monuments, scenic recreation or historic areas.
B. tTtility distribution and trans:nission facilities shall be desiqned so
as to:
1. Minimize visual impact;
2. Sarmonize with or enhance the surroundinqs;
3. Nct create a ne�d tor shoreline protection;
4. t?tilize to the greatest extent possible natural scresninq.
C. The construction and maintenance of utility �acilities shall be done
in such a way so as to:
1. Maximizs the preservation of natural beauty and the conservation of
resouzces;
2. Minimize scarrinq ot the landscape;
3. Minimize siltation and srosion;
4. Protect trees, �hrubs, grasses, natural features aad topsail from
drainage;
5. Avoid disruption ot critical aquatic and r+ildlif� staqes.
D. liehabilitation ot areas disturbed by the construction and/oz
maintenance o! utility tacilities shall:
1. Be acccmplished aa rapidly as possible to minimize soil erosion and
to maintain plaut aad �+ildlite habitats;
2. Ut�.lize plantinqs compatible with the native veqetation.
E. Solid waate transfer stations shall nct be permitted wit,.�in t�e
shorelines ot the state. (Ord. 3688 411, 1978).
25.16.I70 Zndustrial deveZopeeat. A. The provisions of this chapter
apply to indus trial and manufactuzinq types of activities includinq ports.
B. IadusLrial development may be pez�nitted in the urban environment
subject to the qerseral requirements (Section 25.16.030) of t.�is chapter,
provided that:
1. The industrial activity is permitted �n the underlyinq zone
classification;
2. The industrial activity shall utilize the best tec�n:.ques in design
and sitinq to prevent the release of contamir.ants into t:e adjoininq water
bodies in order to comply with the water quality standards promulqated under
t3ze provisions of RG�1 G`�apter 90.48;
3. Oxidation and waste stabilizat:on ponds shail not be �e�itted
within the shorelize of the state;
4. The maintenance of these provisions may be assured by requiring a
performance 2�ond o� �ufficieat size to su�stantially de�ray t':e cast of a
cleanup oz rehabilitation effort.
C. The height limitation� of the general recuirements section (Sectioa
25.16.030) of this chapter shall not apply to water depen�ent industrial
development.
D. The pro.visions of this chapter shall not be construed to pezmit the
construction of any oil port facility desi �:ed to load or unload snips 125,000
dead weight tons oz larqer in size.
E. Outside storage of equipment, vehicles, materials or sugplies shall
mainta'_n a shorel�ze set�ack of =ae.^.ty _°eet :rom t:.e ord'_-a^� •�+ater mar:c.
F. Dccept as provided in subsection E. above, water dependent industrial
development shall not be required to maintain a shoreline setback.
G. water related industrial develop�ent shall maintain a shoreline
set�ack of eit:�er t�enty feet �rom t.'�e or�_Zary r.�ga water asa.'c or �en �eet
from the edge of the floodway, whichever is c�,_-eater. Th=s shoreline setback
URBAN ENVIRONMENT
25.16.170 25.16.180
may be reduced either to ten feet from the ordinary high water mark or to the
edge of the floodway, whichever is greater, if the water related development
provides limited public access or public access.
H. Nonwater related industrial development shall maintain a�horeline
setback of either fifty feet from the ordinary high water mark or twenty feet
from the edqe of the floodway, whichever is qreater. This shoreline setback
may be reduced either to twenty feet from the ordinary high water mark or to
ten feet from the edge of the floodway, whichever is greater, if the nonwater
related development provides limited public access. This shoreline setback
may be reduced to either ten feet from the ordinary high water mark or the
edge of the floodway whichever is qreater, if the nonwater relatec� development
provides public access.
I. Piers, moorages, slips, floats and launching facilities may be
permitted accessory to industrial development, provided:
l. The facility will serve a water dependent or water related use;
2. The facility does not constitute a hazard to navigation. (Ord. 3688
S 412, 1978).
25.16.180 Shoreline protection. Shoreline protection may be permitted in
the urban environment, provided:
A. Shoreline protection to replace existing shoreline protection �hall be
placed along the same aliqnment as the shoreline protection it is replacing,
but may be placed waterward directly abutting the old structure in cases where
removal of the old structure would result in construction problems;
B. On lots where the abutting lots on both sides have legally established
bulkheads, a bulkhead may be installed no further waterward than the bulkheads
on the abutting lots, provided that the horizontal distance between existing
bulkheads on adjoining lots does not exceed one-hundred feet. The manager
may, upon review, permit a bulkhead to connect two directly adjoining
bulkheads, for a`distance up to one hundred fifty feet. In making such a
determination the manager shall consider the amount of inter-tidal land/or
wat�r bottom to be covered, the existence of fish or shellfish resources
thereon, and whether the proposed use or structure could be accommodated by
other configurations of bulkhead which would result in less loss of shoreland,
tideland, or water bottom;
C. In order for a proposed bulkhead to qualify for the RCW 90.58.030(3)
(e) (iii) exemption from the shoreline permit requirements and to insure that
such bulkheads will be consisteat with this program as required by RCW
90.58.141(1), the Building and Land Development Division shall review the
proposed design as it relates to local physical conditions and the King County
shoreline master program and must find that:
1. Ero�ion from waves or currents is imminently threatening a legally
established residence or one or more substantial accessory structures, and
2. The proposed bulkhead is more consistent with the King County
shoreline master program in protecting the site and adjoining shorelines than
feasibTe, non-structural alternatives such as slope drainage systems,
vegetative growth stabilization, gravel berms and beach nourishment, are not
feasible or will not adequately protect, a legally established residence or
substantial accessory structure, and
3. The proposed bulkhead is located landward of the ordinary hiqh water
mark or it connects to adjacent, legally established bulkheads as in
subsection B. above, and
4. The maximum heigk�t of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters as determined by the
National Ocean Survey published by the National Oceanic and Atmospheric
1031 {Ring County 12-82)
25.16.180 25.16.190
SHOREL2NE MANAGEMENT
Administration or four feet in heiqht on lakes;
D. Shoreline protectfon shall not be considered an outright permitted use
and shall be permitted only when it has been demonstrated that shoreline
protection is necessary tor the protecticn of existinq legally established
atructuzes and public improvements or the preservation of important
agricultural lands as deaiqnated by the Office of Aqriculture.
E. Shoreline protection shall not have adverse impact on the property of
others.
8. Shoreline prot�ction shall not be used to create new lands, except
that qroins may be used to create a public Class 2 beach i� they comply with
all other ccnditions of this ssction.
G. Shoreline protectioa shall not significantly interfere with normal
surface and/or subsurface drainaqe into the water body.
H. Automobile bodies or oth�r junk or wa�te material which may release
undesirable material shall not be used for shoreline protection.
I. Shoreline prot�ctioa shall be designed so as not ta constitute a
hazard to naviqation and to not substantially interfere with visual access to
the water.
J. Shor�line protection shall be designed so as not to create a need foc
shoreline protection elser+here.
R. Sulkh�ads on Class I beaches shall be located no farther waterward
than the blutf or-baak line;
L• Bulkheads must be approved by the Washinqton State Departsaent of
Pishsries;
M. Bulkheads shall be constructed using an approved filter cloth or ot.her
suitable means to al2ov passage of surface and qroundwater without internal
ero�ion of fine material;
N. Groins are permitted only as part of a professionally designed
connnunity or public beach management proqram. (Ord. 5734 g 5, 1981: Ord. 3688
S 413, 1978).
25.I6.190 Excavation, Dredqinq and Fillinq. Excavation, dredg:ng and
fillinq may be permitted in the urban environment, only as �art of an approved
overall development plan not as an independent activity prcvided:
A. Any fill or excavation regardless of size, shall be subject to t.'�e
provisions of R.C.C. 16.82.100;
B. Landfill may be pera�itted below the ordinary hiqh �+ater �4ark only when
necessary for the operation of a water degendent or Water related use, or vhen
necessary to mitigate conditions Which endanger public safety;
C. Landfill or excavations shall be pe r.nitted only whea tec:�nical
information demonstrates water circulation, littoral drift, aquatic life and
water quality will not be substantially impaired;
D. Landfill or disposal of dredged material shall be �rohibited within
the floodway;
E. Wetlands such as marshes, swamps, and bogs shall not be disturbed or
altered throuqh excavation, fillinq, dredging, or disposal of dredge3 :�aterial
unless the manager determines that either:
1. The wetland does not se:ve any of the valuable °ur.ct:cns of ve*_;ands
identified in R.C.C. 20.12.080 and U.S. Ar:ny Corps of Engineers 33 CFR
320.4(b), includinq but not limited to Wildlife habitat and natural drainage
functions, or
.��.�
(King County I2-82) 1031-1
URBAN ENVIRONMENT
25.16.190
� 2. Th� proposed development wold preserve or enhance the wildlife
habitat, natural drainage, and/or other valuable functions of wetlands as
discussed in R.C.C. 20.12.080 or U.S. Army Corps of Engineers 33 CFR 320.4(b)
and would be consistent with the purposes of this Title;
F. Class I beaches shall not be covered by landfill �xcept for approved
beach feedinq programs;
G. Lxcavations on beaches shall include precautions to prevent the
miqration of fine grafn sediments, disturbed by the excavation, onto adjacent
beach areas and excavations on beaches shall be backfilled promptly using
material of similar composition and similar or more coarse grain size=
H. No refuse disposal sites, solid waste disposal sites, or sanitary
fills of putrescible or non-putrescrible material shall be permitted within
the shorelines of the state;
I. Excavation or dredginq below the ordinary hiqh water mark shall be
permitted only when necessary for the operation of a water dependent or water
related use, or when necessary to mitigate conditions which endanqer public
safety or fisheries resources; provided, that this paragraph shall not be
construed to permit the mininq or quarrying of any substance below the
ordinary hiqh water mark;
J. Disposal of dredged material shall be done only in approved deep wate=
disposal sites or approved contain upland disposal sites;
R., Stockpilinq of dredged material in or under water is prohibited;
L. Maintenance dredging not requiring a shoreline permit(s) shall conform
to the requirements of this Sectivn;
M. Dredging shall be timed so that it does not interfere with aquatic
life;
N• 1'he County may impose reasonable conditions on dredging or disposal
operations including but not limited to working seasons and provisions of
buffer strips, including retention or replacement of existinq vegetation,
dikes, and settling basins to protect the public safety and shore users'
lawful interests from unnecessary adverse impact;
O. In order to insure that operations involvinq dredged material disposal
and maintenance dredginq are consistent with this program as required by RCW
90.58.140(1), no dredging may commenee on shorelines without the responsible
person having first obtained either a substantial development permit or a
statement of exemption; PROVIDED, that no statement of exemption or shoreline
permit is required for emergency dredqing needed to protect property from
imminent damaqe by the elements;
;
1032 (King County 12-82)
1�-
URBAN ENVIROAIIriENT
25.16.190 25.16.200
P• Operation and maintenance of any existing system of ditches, canals,
or drains, or construction of irrigation reservoirs, for aqricultural purposes
are exempt from the shoreline permit requirement. (Ord. 5734 6, 1981: Ord.
3688 414, 1978).
25.16.200 I�eczeation. Recreational development may be pexmitted in the
urban environment subject tc the general requirements (Section 25.16.030) of
this chapter, and pronided;
A. The recreational development is permitted in the underlying zone.
B• S�►inrming areas ahall be separated from boat launch areas and marinas.
C. The development of underwater sites for sport diving shall not:
l. Take place at depths of greater than ei ghty feet;
2. Constitute a navigational hazard;
3. Be located in areas where the normal waterborne traffic would
constitute a hazard to those people who may use such a site.
D. The construction of swimminq facilities, piers, mooraqes, floats and
launching faciliti�s below the ordinaxy high water mark shall be qoverned by
the regulations relating to pier and mooraqe construction in the commercial
development section (Section 25.16.070) of this chapter.
E. Public boat launchinq facilities or marinas may be developed, pronided:
1. The tragfic qenerated by such a facility can be safely and
conveniently handled by the streets servinq the proposed facility;
2. The facilitywill not be Iocated on a Class I beach.
F. Upland facilities constructed in conjunction with a recreational
development shall be setback and/or sited to avoid contamination of the
shorelines of the state.
G. All service facilities within and associated with marinas shall have
provisions to prevent and control contaminants from entering the water.
Provisions shall be available for cleanup of accidental spills of contaminants.
H. Marina facilities shall be prohibited on Class I beaches or where
their development would interrupt littoral currents and starve Class I beaches.
I. Public pedestrian and bicycle pathways shall be permitted adjacent to
watez bodies.
J. Public contact with unique and fragile areas shall be permitted where
it is possible without destroyinq the natural character of the area.
K. Water viewing, nature study, recording and viewing shall be
accommodated by space, platforcns, benches or shelter, consistent with public
1032-1 (King County 12-81)
URBAN E�VIROPIIrlENT
safety and security. (Ord. 3688 415, 1978).
Chapter 25.20
RORAL �NVIROI�NT
Sections:
25.20.010
25.20.020
25.20.030
25.20.040
25.20.050
25.20.060
25.20.Q70
25.20.080
25.20.090
as.2o.ioo
25.20.110
25.20.120
25.20.130
25.20.140
25.20.150
Purpose.
Designation criteria.
General requirements.
Agricultural practices.
Aquatic resource practices.
Forest management practices.
Commercial development.
Signs.
Residential development.
Subdivisi�s.
Utilities.
Industrial d�velopment.
Shoreline protection.
Filling and excavation.
Recreation.
25.16.200 25.20.030
25.20.010 Purpo�e. The purpose of designating the rural environment is
to restrict intensive development, function as a buffer between urban areas,
and maintain open spaces and opportunities for recrestional uses, within the
ecological carzying capacity of the land and water resource. New developments
in a rural environment should reflect the character of the surrounding area by
limiting intensity, providing permanent open space and by maintaining adequate
building setbacks from water to prevent shoreline resources from being
destroyed for other rural types of uses. (Ord. 3688 S 501, 1978).
25.20.020 Designation criteria. Designation criteria for the rural
environment shall be:
A. Shorelines of the state possessing high capability to support active
agriculture purposes;
B. Shorelines of the state used or designated for residential development
at a density of three units per acre or less;
C. Shorelines of the state used or designated fer light manufacturing or
neighborhood business type uses;
D. Shorelines of the state developed for residential purposes where
surroundinq land use is residential in character without all urban services;
E. Shorelines of the state to be designated rural shall not have severe
biophysical limitations to development such as floodplains, steep slopes.
slide hazard areas and/or marshes, swamps or bogs. (Ord. 3688 502, 1978).
25.20.030 General requirements. A. Nonwater related and residential
development shall not be permitted waterward of the ordinary high water mark.
B. Except in those cases when the height requirements of the underlying
zone are more restrictive, no structure shall exceed a height of thirty-five
feet above average grade level. This requirement may be modified if the view
of a substantial number of residences will not be obstructed, if permitted by
the applicable provisions of the underlying zoning, and if the proposed
1033
25.20.030 25.20.060 �HORELi'•" =•'1+NAGFMENT
development is aqricultural or «�:es dependent.
C. All development shall be required to provide adequate surface water
retention and sedimentation facilities during the construction period.
D. Development shall maintain the first fifty feet cf property abutting a
natural environment as required open space.
E. Parkinq facilities except parkinq facilities associated with detached
sinqle-family and agricultural development shall retain existing veqetation or
be planted in conformance with the landscape standards enumerated in the
qeneral requirements (Section 25.16.030) of the urban environment.
F. Collection facilities to control and separate contaminants shall be
required where stormwater runoff from impervieus surfaces would materially
deqrade or add to the pollution of recipieat waters or adjacent properties.
G. The regulations of this chapter have been categorized in a number of
section�; regardless of the cateqorization of the various regulations, all
development �aust comply with all applicable regulations.
H. Development proposed in shorelines of the state shall maintain
setbacks, provide easements or otherwise develop the site to permit a tzail to
be constzucted or public access to continue where:
l. There ia a proposed trail in the Rinq County trail system; or
2. Part ot the site is presently being u�ed and has histocicall.y been
used for public access.
a. Along shorelines of the state on lake Sammamish, no buildinq shall
be placed on lands below thirty-two and one-half feet mean sea level. tOrd.
3688 S 503, 1978)
25.20.040 Agricultural p�aetices. Aqricultural practices may be
permitted in the rural environment subject to the agricultural practices
provisions (Section 25.16.040) of the urban environment. (Ord. 3688 g 504,
1978)
25.20.050 Aqustic resource practices. Aquatic resource practices may be
permitted in the rural environment subject to the aquatic resource practice
provisions (Section 25.16.050) of the urban environment. (Ord. 3688 S 505,
1978).
25.20.060 Pbrest manaqement practices. Forest management practices may be
permitted in the rural eavironment provided:
A. In order to prevent unnatural erosion, siltation, and temperature
inczease; to prevent the movement of logqing debris into laxes and streams; to
preserve bank structure and ciQarian vegetation, and to pceserve the aesthetic
qualities of the shoreline, a buffer strip shall be established along rivers,
streams, lakes and othes waterbodies. All residual vegetation in the buffer
strip, including gzasses, shrubs, natural cull, and nonmerchantable trees
which serve such purpose shall be left substantially undistrubed. where
residual vegetation is inadequate te provide such a buffe�r, sufficient
merchantable trees shall be left. Removal of mature timber from the buffer
strip which Would destroy the shading and filtering effect of t.'�e cemaining
buffer is grohibited.
B. All culverts shall be adequate in size and design to carry the maximum
anticipated flow, and shal'_ be keet clear of obstructions. T!�e :nini:num size
for culverts shall be fifteen inches in diameter.
C. Culverts installed in streams used by fish shall meet all requirements
set by the State Departments of Fisheries and Game.
D. Roads and lan3ings shall not be construcLed within shoreline areas
tn�e
RURAL EPNIROI�iENT 25.20.060 25.20.0'70
e'Y� except when necessary to:
1. (.Yoss streams t
2. Avoid road construction on unstable soils oz on stee elo es when
P P
auch construction would be more harmful than a shoreline locationt
3. Perfozm water course improvement work only after approval of the
State Departments of Fisheries and Game.
E. Itcads shall minimize cut and fill.
F'. Where roadside mnterial is potentially unstable or erodable, it �hall
be stablized by use of seeding, compactinq, riprapping, benchinq, or oth�r
suitable means.
G. Gtit slopes shall not exceed:
(7C to Y) 1/4 to 1 in rock
3/4 to 1 in stable soils
1-1/2 to 1 in unstable sails
H. Side cast and emban)m�ent fill slopes shall not exceed:
(B to Y) 1-1/3 to 1 in broken rock and stable soils
1-1/2 to 1 in unstable soils
I. Runninq surface widths should be kept to a minimum, with not more than
twenty-six feet for two-lane roads and not more than fourteen feet for ainqle
lane roads.
J. El�nbanl�ent fills ahallr
1. Be constructed and compacted in layers no more than two feet thick;
2. Consist of inorqanic material with no buried elash or debris beaeath
the runninq surface;
3. Not encroach upon a one-hundred-year floodplain so as to reduce its
storaqe capacity or disturb riparian vegetation.
K. Where side cast would encroach upon a one-hundred-year floodplain, end
haul construction is requized.
L. Waterway crossings shall be con�tructed with minimum disturbance to
banks and existinq channels.
M. Any soil or debriB accidentally placed in the channel during bridqe
construction shall be removed by approved methods. All exposed soils shall be
stablized.
N. Al1 bridges shall be high enough to pass all anticipated debris and
hiqh water flaws.
O. Where aqgregate earthen materials are used for paving or accumulate on
bridqes, sufficient curbs shall be installed to contain the surface material.
P. Each stringer bridge shall have one secured end and one end free to
swing.
Q. When active use of a loqqing road is discontinued, it shall be left in
such condition to provide adequate drainage and soil stability.
R. Equipment used for transportation, storage or application of chemicals
shall be maintained in leakproof condition. If there is evidence of chemical
leakage, the further use of such equipment must be suspended until the
deficiency has been satisfactorily corzected.
S. Materials treated with penta, creosote, or other chemicals ahall be
dried completely before use in any lake oz stream. (Ozd. 3688 506, 1978).
25.20.070 Co�ercial develop�ent. Commercial development may be permitted
in the rural environment subject to the commercial development requirements
(Section 25.16.070) of the urban environment, the general requirements
(Section 25.20.030) of this chapter and provided:
A. The commercial activity is permitted in the underlying zone.
B. Water dependent commercial development shall not be required to
1035 (Kinq County 12-81)
25.20.070 25.20.100 SF30RELINE MANAGIIKENT
maintaln a shoreline setback.
C. Water related commercial development shall maintain a shoreline
set�ack of either tifty fest from the ordinary hiqh water mark or twenty feet
from the edqe of the floodway, whichever is qreater. This shoreline setback
may be reduced to either tweaty feet trom the ordinary high water mark or ten
fest �rom the edqe of the �loodway, whichever is qreater, if the water related
development pzovides limited public access or public access.
D. Nonwater related commezcial development shall maintain a shoreline
setback o� either seventy-�ive �eet from the ordinary high water mark or
thirty feet �rom the edqe of the tloodway, whichever is qreater. This
shoreline aetback may be reduced to eithez fifty feet trom the ordinary hiqh
water mark or twenty feet trom the edqe of the floodway, whichever is greater, I
if the nonwatez related development provides limited public access. This I
shoreline setback may be reduced to either twenty feet from the ordinary high
water mark or ten �eet from the edqe of the floodway, whichever is qreater if 'i
the nonwater related developm�nt provides public access. I
E. Piers, mooraqes, floats and launching facilities may be permitted
accessory to commes�ial development, provided:
1. The stzucture will serve a water dependent use;
2. The structure does not constitute a hazard to naviqation;
3. No portion ot the stzucture shall be Iocated more than one hundred
twenty feet Waterward of the ordinazy high water mark. (Ord. 3688 507,
1978)•
25.20.080 Siqas. Signs are penaitted in the rural environment subject to
the provisions of the underlyinq zoninq and siqn provisions of the urban
environment (Section 25.16.080), provided that no sign shall be larqer than
fifty squaze fest. (Ord. 3688 5a8, 1978).
25.20.090 Reside�ial develo�t. A. Multifamily residential
development cnay be permitted in the rural environment subject to t:�e qeneral
requirements of K.C.C. 25.20.030 and the residential provisons of K.C.C.
25.16.090 throu qh 25.16.140 of the urban environment; pzovided, t`�at
multifamily development shall maintain a minimum setback of seventy-five feet
from the ordinary hiqh water mark, except that:
1. I� the minimum setback fzom the ordinary high water mazk of a river
or stream falls Within the floodway, the development s^all be required to
locate past the upland edqe of the floodway,
2. If the development is proposed on shorelines, including one oz more
sensitive areas, as defined in K.C.C. 21.04 such development shall be done in
accordance with. requlations and procedures set forth in K.C.C. 21.54.150
through 21.54.190,
B. Single-f amily residential development may be pe:-aeitted in the rural
environment subject to the qeneral requirements of K.C.C. 25.20.030 and the
residential provisions of R.C.C. 25.16.090 throuqh 25.16.140 of the urban
environment.
C. Any pier, moorage, tloat or launching facility pe�itted accessory to
single or multifamily development or common use facility accessory to a
subdivision, short subdivision or planned unit develocment in t�:e :ural
environment shall be subject to the residential pier, moozages, float oz
launching facility provisions of the urban environment. (Or3. 5734 7, 1981:
Ord. 3688 509, 1978).
(Ki ne �'n�intv 1 7�G11 1 1 A1G
RURAL ENVIROPIlKENT
25.20.100
25.20.100 b�bdivisioae. The lot standards enumerated in this section
apply to any lot which has buildable area within the shorelines of the state.
Buildable area means that area of the lot, exclusive of any required open
space, yards or setbacks upon which a structure may be constructed.
A• The minimum required area of a lot in the rural environment shall be
five acrest provided, however;
� �
1036-1 (King County 12-81) J
:.:
RURAL �IROPIl�'ENT
25.20.100 25.20.120
1. Zhe minimum lot area may be reduced to twenty thousand square feet
when:
a. Al1 lots are pazt of an approved subdiviaion or ahort subdivisionj
b. All lots are served by public watert
c. ]17.1 lots are served by an approved sewaqe disposal systems
d. l�ill lots are served by paved �tre�ts=
e. Al1 lots have a minimum width of one hundred feett
t. Z'he base units per acre for that portion of a site under shoreline
manaqement jurisdiction in this case for a planned unit development or
multifamily develop�nt shall be two.
2. The minimum lot area may be reduced to twelve thousand tive hundred
square feet whene
a. Al1 lots are part of an approved subdinision or short subdivisiont
b. AIl lots are served by public watert
c. All Iots are served by public sewerst
d. Al1 lots are served by paved etreeta;
e. Al1 lots have a minimum width of eighty feets
f. T'he base units per acre for that portion of a site under shoreline
manaqement jurisdiction in this case for a planned unit development or
multifamily development shall be three.
B. Any lot located wholly or partially within the shorelines of the state
shall be subject to the substandard lot provisiona of Chapter 21.48.
C. Slibaierged land within the boundaries of any waterfront parcel shall
not be used to compute lot area, lot dimensions, yards, open space or other
similar required conditioas of land subdivision or development, except, where
specifically authorized by ordinance, such lands may be used in area
computations as an incentive to encouraqe common open apace waterfront areas.
D. Ti�e foreqoinq lot area and width standards may be further reduced in
direct proportion to the amount of usable area dedicated as common open space
within the shorelines of the state as long as the net density remains the
same. The coamton open space shall provide physical access to the ordinary
high water mark for the residents of an approved subdivisiont short
subdivision oz planned unit development; provided, that in no case may the lot
standards be reduced below the lot standards required by Title 21 (the zoninq
code) for the zone classification in which the lot(s) is (are) located.
E. The lot averaqinq provisions of Chapter 21.08 shall not apply to any
lot wholly or partially within the shorelines of the state. (Ord. 3688 510,
1978).
Z5.20.110 Dtilities. Utility facilities may be pezmitted in the rural
environment subject to the utilities requirements (Section 25.16.160) of the
urban environment and the general zequirements (Section 25.20.030) of this
chapter. (Ord. 3688 511, 1978).
25.20.120 Industrial develc�e�t. A. The provisions o� thia chapter
apply to industrial and manufacturing types of nctivities includinq ports.
B. Industrial development may be permitted in the rural environtaent
subject to the industrial development provisions (Section 25.16.170) of the
urban environment and the qeneral requirements (Section 25.20.030) of this
chaptez, provided the industrial activity is permitted in the underlying zone.
C. Water dependent industrial development shall not be required to
maintain a shoreline setback.
D. Water related industrial development shall maintain a shoreline
setback of either fifty feet from the ordinary hiqh water mark or twenty feet
1037 (King County 12-81)
i
25.20.120 25.20.150 �iORELINE MANAGFMENT
�:om t,`.a edge of the floodway, whichever is qreater. This shoreline setback
may be reduced to either twenty feet from the ordinary hiqh water mark or ten
feet fzom the edqe of the floodway, whichever is greater, if the water related
development provides limited public access or public access.
E. Nonwater related industrial development shall maintain a shoreline
setback of either seventy-five feet from the ordinary hiqh water mazk or
thirty teet t=om the edqe of the floodway, whichever is qreater. This
shoreline setback may be reduced to either fifty feet from the ordinary high
water mark or twenty feet trom the edqe of the floodway, whichever is gzeater,
if the nonwater related development provides limited public access. This
shoreline setback may be reduced to either twenty feet from the ozdinary hiqh
water mazk or ten teet from the edqe ot the tloodway, whichever is qreater, if
the nonwater relatsd denelopment provides public access.
F. Piers, moorages, tloats or launchinq facilities may be permitted
accessory to industrial development, provided:
1. The structure will serve a water dependent use;
2. The structure does not constitute a hazard to naviqation. (Ord.
3688 512, 1978).
25.20.130 Shoreliae protection. A. Shoreline protection may be
permitted in the rural environa�ent subject to the shoreline protection
provisions (Section 25.I6.180) of the Urban Envirorunent.
B. Breakwaters shall not be pezmitted. (Ord. 3688 513, 1978).
25.20.140 �avatioa. �edqinq and Ftl2inq. E�ccavation, dredqinq and
fillinq may be permitted in the rural environment subject to the provisions of
K.C.C. 25.16.190 of the urban environment provided:
A. Dccavation, dredqing and filling below the ordinary hiqh water mark
snall be permitted only to serve a water dependent use or when necessary to
mititgate conditions which endanqer public sa:ety or gisheries resources.
H. Channelizing, straiqhtening or relocatinq rivers or streams snall not
be pezmitted. (Ord. 5734 8, 1981: Ord. 3688 51C, 1978).
25.20.150 Recreation. Recreational development may be pez-nitted in the
rural environment �ubject to the qeneral recuirements (Sect:or. 25.20.030) of
this chapter and the reczeation provisions (Section 25.16.190) o: t::e urban
eavironment; provided, that any pier, mooraqe, float or Iaunc::iac �acility
constructed in conjunctior_ with a reczeational deveioome.^.t s:.ai� be governed
by the pier and mooraqe requlations for coQSaercial �eve�opment (Section
25.20.070) in this chaptez. (Ord. 3688 515, 1978).
G�apter 25.24
CTrIvSERV:.I3CY E:NIAONM�."NT
Sectioas:
25.24.010
25.24.020
25.24.030
25.24.040
25.24.050
25.24.060
25. 24. 0 70
Purpose.
Designation cziteria.
General reeuirements.
�,gzicultural practices.
Aquatic resource practices.
Fozest practices.
Commercial development.
��
(King County 12-81) 1038
25.24.080
25.24.090
25.24.100
25.24.110
25.24.120
25.24.130
25.24.140
z5.aa.i5o
CONSERVANCY ENVIROAIIrlENT
Signs.
Residential development.
Subdivisions.
Utilities.
Industrial development.
Shoreline protection.
Billing and excavation.
Recreation.
25.24.010 25.24.030
25.24.010 Purpose. Conservancy areas are fntended to maintain their
existinq character. This designation is designed to� protect, conserve, and
manage existing natural resources and valuable historic and cultural areas.
The preferred uses are those nonconsumptive of the physical and biological
resources of the area. (Ord. 3688 S 601, 1978).
25.24.020 Desiqnation eziterla. Designation criteria for the conservancy
environment shall be:
A. Shoreline areas, regardless of the underlyinq zoning which has
biophysical limitations to development which include but are not limited to:
1. Shoreline areas whfch are one hundred-year floodplains and areas
which have floodinq potential,
2. Shoreline areas with soils that have poor drainage,
3. Shoreline areas subject to severe erosion,
4. Shoreline areas with unstable banks,
5. Shoreline areas.subject to slide hazard;
B. Shoreline areas used as commercial forest land;
C. Shoreline areas which are free from extensive development;
D. Shoreline hi�toric areas;
E. Shoreline area of high scenic value;
F. Shoreline areas used for low intensity agricultural uses such as range
lands and pastures;
G. Shoreline areas which are designated agricultural lands pursuant to
Chapter 20.54;
H. Areas which play an important part in maintaining the ecoloqical
balance of the region such as:
1. Areas rich in quality and quantity of life forms,
2. Areas important to the maintenance of the natural quality and flow
of the water,
3. Marshes, bogs and swamps,
4. Class I beaches,
5. White water rapids and waterfalls,
6.. Virgin timber stands,
7. Wilderness areas. (Ord. 3688 602, 1978).
25.2�.030 General requirements. A. Nonwater related, water related and
residential development shall not be permitted waterward of the ordinary high
water mark.
8. Except in those cases when the height requiremeats of the underlying
zone are more restrictive, no structure except agricultural structures may
exceed a height of thirty-five feet above average grade level.
C. All development shall be required to provide adequate surface water
retention and sedimentation facilities during the construction period.
D. Development shall maintain the first fifty feet of property abutting a
natural environment as required open space.
1039
25.24.030 25.24.090 �HORELINE MANAGFMENT
E. Parking facilities except parking facilities associated with detached
single-family and agricultural development shall maintain a shoreline setback
of one hundred feet from the ordinary high water mark and retain existing :;
vegetation or be planted in conformance with the landscape standards
enumerated in the qeneral requiremeats (Section 25.16.030) of the urban
environment.
F. Collection facilities to control and separate contaminants shall be I
required where storiawater runoff from impervious surfaces would materially
degrade or add to the pollution of recipient waters or adjacent properties.
G. The requlations of this chaper have been cateqorized in a number of
sectio�s; reqardless og the categorization of the various regulations, all
development must comply with alI applicable regulations. I
H. Development proposed in shorelines of the state shall maintain
setbacfcs, provide ea�ements or otherwise develop the site to permit a trail to
be constructed or public access to continue where:
1. There is a proposed trail in the King County trail system; cr
2. Part of the site is presently beinq used and has historically been I
used for public access.
a. Alonq shcrelines of the state on Lake Sananamish, no building shall
be placed an lands below thirty-two and one-half feet mean sea level. (Ord.
3688 S 603, 19?8)
25.24.040 Aqricultural practices. Aqricultural practices caay be
permitted in the conservancy environment subject �to t3�e agzicultural
provisions (Section 25.16.04a) oE the urban environment. (Ord. 3688 g 604,
1978).
25.24.050 Aquatic resouzce practice�. Aquatic resource practices may be
permitted in the conservancy environment subject to the aquatic resaurce
provisions (Section 25.16.050) of the urban environment, except that
mechanical harvestinq of shellfish shall not be permitted. (Ord. 3688 S 605,
1978)
25.24.06a Fbrest management practices. Forest management oractices may be
permitted in the conservancy environment subject to ��e forest management
practices ptovisions (Section 25.20.060) of the rural environment. (Ord. 3688
S 606, 1978).
25.24.070 Commescial development. Commercial development shall not be
permitted in the conservancy environment. (Ord. 3688 607, 1978).
25.24.080 Siqns. Signs, except educational signs of not more than
twenty-five square feet erected within reczeational developments and signs as
permitted by Section 21.08.040 A., are not permitted in the conservancy
environment. (Ord. 3688 S 608, 1978).
25.24.090 Rreidential deve2opment. A. Multifamily development is
prohibited in the conservancy environment, except that the clusterirtg of
dwelling units into multifamily development may be permitted to avoid
develoement of sensitive or hazardous areas such as marshes, swamos, bogs,
floodplains, or steep or unstable slopes; provided, that the density standards
enumerated in Section 25.24.100 shall not be exceeded. This provision is not
intended to promote intensive development in the conservancy environment. The
intent of this pcovision is to permit development vhich Would have less
CONSERVANCY ENVIROI�4SENT 25.24.090 25.24.110
adverse impact on sensitive or hazardous areas than traditional lot by lot
development.
B. Sinqle-family residential development may be permitted in the
conservancy environment subject to the qeneral requirements of this chapter
and the sinqle-family provisions R.C.C. 25.16.090 thrauqh 25.16.140 of the
urban environment. Single-family residential development shall maintain a
minimum setback of fifty feet from the ordinaxy high water mark, except that:
1. If the minimum setback from the ordinary hiqh water mark of a river
or stream falls within the floodway, the development shall be required to be
located past the upland �dqe of the floodway,
2• If development is proposed on shorelines, includinq one or more
sensitive areas, as defined in K.C.C. 21.04, such development shall be done in
accordance with requlations and procedures set forth in K.C.C. 21.54.150
21.54.190,
3. A farmhouse permitted under R.C.C. 21.54.060 shall be exempt from
the setback requirements of this section.
C. Any pier, moorage, float or launchinq facility permitted accessory to
sinqle-family c3enelopment or common use facility accessory to subdivision,
short subdivision or planned unit development in the conservancy environment
shall be subject to the pier, moorage, float and launch�nq facility provisions
R.C.C. 25.16.090 through 25.16.140 of the urban environment; provided, no such
suthorized structure shall be located within two hundred feet of any other
such structure. (Ord. 5734 9, 1981: Ord. 5061 5, 1980: Ord. 3688 609,
1978).
25.24.100 Slibdivision. The lot standards enumerated in this subsection
apply to any lot which has buildable area within the shorelines of the state. I
Buildabl� area means that area of the lot, exclusive of any required open
space, yards or setbacks upon which a structure may be constructed.
A. The minimum required lot area in the conservancy environment shall be
five acres; provided, however, the minimum lot ar�a may be reduced to 40,000
square feet when:
1. All lots are part of an approved subdivision or short subdivision;
2. Al1 lots are served by an approved sewage disposal system;
3. Al1 lots are served by public water;
4. All lots have a minimum width of one hundred fifty feet;
5. The base units per acre for that portion of a site under shoreline
management jurisdiction in this case for a planned unit development or
multifantily development shall be one.
B• Any lot located wholly or partially within the shoreline of the state
shall be considered a legal building site, provided that such Iot(s) shall be
subject to the substandard lot provisions of Chapter 21.48.
C. S1iba�erged land within the boundaries of any waterfront parcel shall
not be used to compute lot area, lot dimensions, yards, open space or other
similar required conditions of land subdivisions or development; except, where
specifically authorized by ordinance, such land may be used in area
computations as an incentive to encourage common open space waterfront areas.
D. The foregoing lot area and width standards may be further reduced in
direct proportion to the amount of usable area dedicated as common open space
within the shorelines of the state as long as the net density remains the
same. The conmton open space shall provide physical access to the ozdinary
high water �nark for the residents of an approved subdivision, short
subdivision or planned unit development; provided, that in no case may the lot
standards be reduced below the lot standards required by Title 21 (the zoninq
code) for the zone classificaton in which the lot(s) is (are) located.
1041 (Kinq County 12-81)
m
�
SHORELINE MANAGFMENT
25.24.100 25.24.110
E• The lot averaqing provisions of Chapter 21.08 shall not apply to any
lot wholly or partially within the shoreline. (Ord. 3688 610, 1978).
25.24.110 Otilities. Utility facilities may be permitted in the
conservancy environment subject to the qeneral requirements (Section
1041-1
(King County 12-81)
25.24.110 25.24.150
SHORELINE MANAGIIdENT
25.24.030)• of this chapter and the utility provisions (Section 25.16.160) of
the urban environment. (Ozd. 3688 611, 1978).
25.24.220 Zndustrial devalapmeat. Industrial development shall not be
permitted in th� conservancy environment. (Ord. 3688 612, 1978).
25.24.130 Shoreliae proteetioa. A. Shoreline
pezmitted in the ccnservancy environment, subject to the
provisions (K.C.C. 25.16.180) ot the urban environment.
H. Breakwaters shall not be permitted. (Ord. 5734
613, 1978).
protection m�y be
shore2ine protection
10, 1981: Ord. 3688
25.24.140 �ccavation, D�edqiag and Pillt�. Ekcavation, dredqinq and
fillinq may be psrmi.tted in the conservancy environa�ent, subject to the
excavation, dredginq, and fillinq provisions R.C.C. 25.16.I90 of the urban
envizonment provided:
A. Dccavation, dredqinq, or fillinq below the ozdinary water mark shall
be permitted only to mitiqate conditions which endanqer public safety or
fisheries resour+ce3;
B. Channelizinq, straighteninq or relocating rivers or streams shall not
be permitted;
C. Dccanation or dredqing of marshes, swamps or boqs shall not� be
permitted. (Ord. 5734 11, 1981: Ord. 3688 614, 1978).
25.24.250 Recreation. Racreational development may be pe�itted in the
conservamay ennironmeat subject to the general requirements of this chaptez
(Section 25.24.030) and the zeczeation provisions (Section 25.16.200) of the
urban environment provided:
A. The recreational development will not require any siqni��cant filling,
excavatinq or reqarding involvinq more than t�rezty-five percent of that
portion of the site within the shorelines of the state.
B. The construction of indoor swimminq pools, gyms and ot'�er indoor
zecreational facilities is prohibited.
C. Piers, mooraqes, floats or launching facilities canstructed in
conjunction with recreational development snall not be:
1. Lonqer than one hundred tventy feet; or
2. Ia rger than 1350 scuare feet in surface area. (Gr�• 3688 6I5,
1978)-
Chapter 25.28
NATT7RAL ENVIIRON�T
Sections:
25.28.010
25.29.020
25.28.030
25.28.040
25.28.050
25.28.060
25. 28.070
25.28.080
Puzpose.
Desiqnation criteria.
General requirements.
agricultural practices.
Aquatic resource practices.
Forest management practices.
Coaunercial development.
Siqns.
.�
25.28.090
25.28.100
25.28.110
25.28.120
25.28.130
25.28.140
25.28.150
NATURkL� ENV II20I�IENT
Residential development.
S�bdivisions.
t7tilities.
Zndustrial development.
Shoreline protection.
Fillinq and excavation.
Recreation.
25.28.010 25.28.040
25.28.010 Purpos�. The purpose of desiqnatinq the natural environment is
to preserne and restore those natural resource systems existinq relatively
free of human influence. These systems requize severe restrictions of
interisities and type9 of uses permitted so as to maintain the integrity of the
natural environment. (Ord. 3688 701, 1978).
25.28.020 Deaiqnatioa criteria. Designation criteria for the natural
eavironment shall be:
A. A shorsline area that_provides food, water or cover and protection for
any rare, endanqered or diininishinq speciest
B. A seasonal haven for concentrations of native animals, �ish or fowl,
such ae a migration route, breedinq site or spawninq sitet
C. 3horeline areas considered to best regresent the basic ecosystem and
qealoqic types which are of particular acientific interestt
D. Shoreline areas which best represent undisturbed natural areas;
E. Shoreline areas with established histories of scientific research:
F. Those shoreline areas having an outstanding or unique scenic feature
in their natural statet
G. Shoreline areas having a high value for wilderness experience=
8. In addition to the above criteria, the followinq should be considered
whea designatinq natural environments:
1. Areas where human influence and development are minimal,
2. Areas capable of easily beinq restored to a natural condition,
3. Saltwater marshes, bogs and swamps,
4. Claas I beaches,
5. White water rapids and watezfalls,
6. Virgin timber stands,
7. Wilderness areas. (Ord. 3688 702, 1978).
25.28.030 General reqaire�ents. A. Nonwater related, water related and
residential development shall not be permitted waterward of the ordinary high
water mark.
B. No structure shall exceed a height of thirty feet.
C. Al1 development shall be required to provide adequate surface water
retention and sedimentation facilities durinq the construction period.
facilities to control and separate contaminants shall be
��•j�aired where stozznwater runoff from impervious surfaces would materially
degrade or add to the pollution of recipient waters or adjacent properties.
E. Parking areas must maintain a shoreline setback of two hundred feet
from the ordinary high water mark and retain existinq vegetation or be planted
to confozm to the landscape standards enumerated in the qeneral requirements
(Section 25.16.030) of the urban environment. (Ord. 3688 703, 1978).
25.28.040 Aqricultural practices.
permitted in the natural environment.
Agricultural practices shall not be
(Ord. 3688 70d, 1978).
1043 (Rinq County I2-81)
25.28.050 25.28.100 �HORELINE MANAGFMENT
25.28.050 aquatic resources practices. Aquatic resaurce practices may be
permitted in the natural envirorsment of the Green River at Icy Creek subject
to a public hearinq and the general requirements set forth in Section
25.28.030 and provided;
A. The aguatic resources practices shall be limited to natural hatchezies;
8. The development and operation of the natural hatchezy shall be within
state and federal gvidelines for the quality ot surface water and qroundwater;
C. All tacilities shall be installed with a minimum disturbance to
shoreline banks aad existinq channels;
D. Henefits ot the natural hatchery will siqniticantly outweigh the
impacts;
E. That the bene�its cannot be achieved at another location on the Gresn
River not desiqaated as a natural environment. (Ord. 4222 3, 1979: Ord.
3688 703, 1978)
25.28.060 l�brest maaaqement practicxs. Fbrest manaqement practices shall
not be permitted in the natural environment. (Ord. 3688 706, 1978).
25.28.070 Com�ercial devslop�ent. Commercial development shall not be
permitted in the natural environment. (Ord. 3688 g 707, 1978).
25.28.080 Sigas. Siqna, except educational siqns of no more than
twenty-five square feet vithin reczeational developments and siqns which are
permitted by Sect3on 21.08.030 Fi., are not permitted in the natural
environment. (Ord. 3688 708, 19�8).
25.28.09a Resid,eatial development. A. Multifa:nily and accessory
development is prohibited in the natural eavironment.
B. Sinqle-f amily resi3ential development may be pe�i=ted in the natural
envirenn►ent subjecL to the general require�sents of K.C.C. 25.28.030 and the
single-gamily provisions 25.16.09a through 25.16.140 of the urban environment;
provided, single-family residential development shall maiatain a minimum
setback of one-hundred feet from the ordinary high water mark, except that:
1. Zf the minimum setback froca the ordinary high water mazk of a river
or stream falls within the fiovdway, the development shall be required to
locate past the upland edge of the floodway.
2. If development is proposed on shorelines, includi^g one or more
sensitive azeas, as defined in K.C.C. 21.04, suc!� deve�epment sha�l be done in
accordance with regulations and procedures set forth in R.C.C. 21.54.150
throu gh 21.54.190.
C. Piers, moozages, �loats or launching facilities accessory to
sinqle-family develoQment shall not be permitted in the natural environment.
(Ord. 5734 12, 1981: Ord. 3688 709, 1978).
V ��J 'i
25.28.100 Slibdivisions. A. The minimum required area in the natuzal
environment shall be five acres.
B. Ttie minimum required lot width in the natural environment shall be
three hundred thirty feet.
C. Any lot located wholly or partially within the shorelines og
shall be considered a legal buil3iag si�e, provided t:�at suc:: 1ot;s)
subject to the substandard lot provisions of Chapter 21.48.
D. S��nerged land within the boundaries of any waterf:ont parcel
the state
s::all be
shall
(King County 12-81) 1044
NA�ENV IROPIIr1ENT 25 2 8.10 0
not be used to compute lot area, lot dimensions, yards, open space or other
required conditions of land subdivision or development, except, where
�I specifically authorized by ordinance, such lands ma be used in are
Y a
computations as an incentive to encourage common open space waterfront areas.
(Ord. 3688 710, 1978).
1044-1 (Rinq County 12-81)
NATURAL� NVIROI�IIrlENT
�J
25.28.110 25.28.150
25.28.110 Utilities. Utility facilities may be permitted in the natuzal
environment subject to the general requirements (Section 25.28.030) of this
chapter and the utility requirements (Section 25.16.160) of the urban
environment. (Ord. 3688 711, 1978).
25.28.120 Induetrial develop�e�at. Zndustzial development shall not be
permitted in the natural environment. (Ord. 3688 712, 1978).
25.28.130 Shorel3ne protection. Shoreline protection shall not be
permitted in the natural environment. (Ord. 3688 713, 1978).
25.28.140 �ccatration, Dredqinq and Fillinq. F�ccanation, dredqinq, and
fillinq may be permitted in the natural environment subject to the provisions
R.C.C. 25.16.190 of the urban environment, provided:
A. nccavation, dredging, or fillinq below the ordinary hiqh water mark
shall be permitted only to mitiqate conditions which endanqer public safety or
fisheries resoux�ces;
B• Fill or excavation above the ordinary high water mark shall be
permitted only to the extent permitted and necessary to construct development
allowed in the natural environment;
C. Channelizing, straiqhteninq or relocating rivers or streams shall not
be permitted;
D. Eccavation or dredqinq or marshes, swamps or bogs shall not be
persnitted. (Ord. 5734 13, 1981: Ord. 3688 714, 1978).
25.28.150 Recreation. Recreational development may be permitted in the
natural environment subject to the general requirements (Section 25.28.030) of
this chapter, provided:
A. The recreational development will not require any significant fillinq,
excavation or regrading involving more than fifteen percent o� that portion of
the site within the shorelines of the state.
B. The construetion of indoor swimminq pools, qyms and other indoor
recreational facilities is prohibited.
C. Piers, moorages, floats or launchinq facilities constructed fn
conjunction with recreational development shall not be permitted, except that
floating walkways or other similar over water pedestrian structures
facilitating access to observation points or viewing areas may be permitted.____
(Ord. 3688 715, 1978).
GO�
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This is an attachment for
.O.rdinance No. 3692
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�partment f P a n n nd Co u D e o ment
The houses know about riverside living.
Even the modern weekend summertime
places have learned. The old houses,
the very o1d houses that were built of
cedar shake and lodgepole by the first
settlers at the'turn of the eighteen-
hundreds, were Iong ago jacked up and
dragged back from the bank by borrowed
teams of horses and loqging oxen. Or,
if they were too big to move, were
abandoned to tip headlong into the
water as the river sucked away the
foundations.
Many of the settlers' houses were lost
this way. They had aI1 wanted to
build along the river's edge in those
f�rst years, for corivehience's sake,
to be close to their transportation,
their "Highway of Water," as the
river .is referred to frequently in
ge.ilowed newspapers in the Wakonda
Library. The settlers had hurried to
claim bankside 1ots, not knowing at
first that their highway had a habit
of eating away its banks and a11 that
those banks might ho1d. It took these
settlers a while to learn about the
river and its habits.....
A while to Zearn about the river and
to realize that they must plan their
homesites with an acknowledged zone
of respect for its steady appetite;
surrender a hundred or so yards to
its hungry future. No laws were ever
passed enforcing this zone. None were
needed.
--Ken Kesey in Sometimes a
Great Notion
H'r'�� 1 i�i8 1
I
The preparation of this document was financially aided by a grant from the
Washington State Department of Ecology with funds obtained from the National
Oceanic and Atmospheric Administration appropriated for Section 306 of the
Coastal Zone Management Act of 1972.
TABLE OF CONTENTS
I MASTER PROGRAM ELEA�ENTS
Shoreline Use Element
Economic Development Element
Public Access Element
Conservation Element
Recreation Element
Historical/Cultural Element
Circulation Element
Residential Element
II. SHORELINE ENVIRONMENTS
Page
1
2
5
8
10
12
13
15
Urban Environment 18
Rural Environment 19
Conservancy Environment 20
Natural Environment 21
III. SHORELINE USE ACTIVITIES
Agriculture 22
Aquatic Resource Practices 24
Forest Management Practices 26
Commercial Development 27
Pleasure Boat Marinas 28
Mining 30
Outdoor Advertising Signs and Billboards 31
Utilities 31
Ports and Industriea 33
Breakwaters 34
Jetties and Groins 35
Landfill 36
Solid Waste 3?
Dredging 38
Shoreline Protection 38
Transportation Facilities 40
Piers and Moorages 41
Recreation 43
Residential Development 45
RRASTER PROGRAM ELEMENTS
The Shoreline Management Act of 1971, identifies seven land and water use
elements that are to be dealt with in the development of areawide shoreline
goals. They include: shoreline use, economic development, public access,
conservation, recreation� historical/cultural and circulation. Master
Programs are also encouraged to include any other elements which, because
of present uses or future needs are deemed appropriate to effectuate the
policy of the Act
Residential land use of shorelines of the state in King County makes up the
largest share of the developed shorelines in the County Much of the
undeveloped shoreline is in private ownership, subdivded into small lots
and presently zoned to allow for residential use. Because of present and
future needs of residential shoreline use, goals and policies have been
formulated as part of a residential element to guide and plan for that develop-
ment
The following comprehensive set of shoreline goals provide the foundation
and framework on which the balance of the Master Program has been developed
These goals and policies are reflective of the level of achievement believed
to be intrinsically desirable for all shoreline uses, needs and developments,
and establish a program policy commensurate with the intent and objectives
of the Shoreline Management Act.
5HORELINE USE ELEMENT
An element which deals with the distribution, location and extent of: 1) the
use of shorelines and adjacent areas for housing, commerce, industry,
transportation, public buildings and utilities, agriculture� education.and
natural resources 2) the use of the water for aquaculture, recreation and
transportation, and 3) the use of the water, shoreline and uplands for other
categories of land and water uses and activities not specified in this Master
Program
GOAL: PRESERVE 08 DEVELOPSHORELINES,ADJACENT UPLANDS
AND ADJACENT WATER AREAS IN A MANNER THAT A5SURES A
BALANCE OF SHORELINE tJSES WITH MINIMAL ADVERSE EFFECT
ON THE QUALITY OF LIFE WATEft AND ENVIRONMENT
O.bjectives
1. Shoreline land and water areas particularly suited for specific and
appropriate uses should be designated and reserved for such uses.
2. Shoreline land and water uses should satisfy the economic, social and
physical needs of the regional population, but should not exceed the physical
carrying capacity of the shoreline areas
3. Where appropriate, land and water uses should be located to restore
or enhance the land and water environments
4. Location of new development shall be prioritized as follows:
a. First priority should be given to those uses which are shoreline
dependent and will have no adverse effect on the land and water
environment
b. Next priority should be given to those uses which are shoreline
dependent and which will have minimal adverse effect on the land
and water environment
c. Next priority should be given to those uses which are shoreline
dependent which may have significant adverse effect on the land
and water environment
d. Next priority should be given to those uses which are shoreline
dependent and whieh may have a substantial detrimental effect on
either the land or water environment
I
7. Unique and fragile areas of the shoreline should be protected from uses
or activities that will have an adverse effeet on the land or water environment.
8. Non-residential uses or activities which are not shoreline dependent
should be encouraged to locate or relocate away from the shoreline.
9. King County shall eonsider the goals, objectives and policies within
the Shoreline Master Program in all land use management actions regard-
ing the use or development of adjacent uplands or the water areas adjacent
uplands and associated wetlands or streams with less than 20 cubic feet per
second mean annual flow within its jurisdiction where such use or develop-
ment will have an adverse effect on designated shorelines
ECONOMIC DEVELOPMENT ELEMENTS
An element which deals with the location and design of those industries
fisheries transportation facilities port and tourist facilities commerce
-2-
e. Lowest priority should be given to those uses which are not
dependent on the shoreline.
5. Like or compatible shoreline uses should be clustered or distributed
in a rational manner rather than be allowed to develop haphazardly
6. Multiple uses of shoreline should be encouraged where location and in-
tegration of compatible uses or activities are feasible.
0
and other developments that are uniquely dependent upon the shoreline and
water access
GOAL: SHORELINE DEPENDENT DEVELOPMENT SHOULD PROVIDE
LONG RANGE BENEFIT TO MAN AND HIS ECONOMIC PURSUITS
WHILE ASSURING COMPATIBILITY WITH THE ENVIRONMENTAL
AND PHYSICAL GOALS FOR SHOftELINE AREAS
Objectives
1. Rather than being dispersed, shoreline industry and commerce should
be encouraged to locate in present publicly indentified and developed areas
to the extent of the land and water carrying capacity
Policy 1- To relieve stress on less developed areas, new industry
and commerce should be encouraged to locate in intensive
use areas which can be upgraded and redeveloped.
Policy 2- New economic development should be encouraged to cluster
Policy 3- Economie development should be designed to minimize
actual shoreline space occupied.
Policy 4- Economic development involving high intenaity commercial
land use should be confined to Urban Enironments.
Policy 5- Economic uses and activities should place inland all non-
shoreline dependent elements. Those non-shoreline dependent
uses which are allowed to remain may have moderate modi-
fication and reconstruction.
Policy 6- Cooperative use of docking, parking, cargo handling and
storage facilities should be encouraged
2. Shoreline economic development should provide public physical and visual
availability to the water consistent with public health and safety
Policy 1- Overlook points, historic areas, structures and points
of public access to the waterfront should be incorporated
in industrial site planning
Policy 2- Port facilities should be designed to permit viewing of
harbor areas by means of viewpoints, waterfront restaurants
and similar public facilities that would not interfere with port
operations
3. Shoreline economic development which may have significant or substantial
3-
detrimental effect on either land or water environment should be constructed
and operated in a manner to minimize these effects
Policy 1- New development should minimize temperature changes,
aecumulation of debris bank erosion turbidity and other
changes in water quality
Policy 2- During excavation and other erosion and sediment activities
appropriate sediment control procedures and devices� should
be used to protect the watercourse
1
Policy 3- Structures placed in the water for economic purposes
should be designed to minimize obstruction to natural
circulation and movement of water sediments and indigenous
aquatic life
Policy 4- Economic development should be prohibited in identified
unique and fragile areas
Policy 5- Economic development which reduces water surface or
flood plain storage capacity should not be permitted,
except where a shoreline dependent use serves an
overriding public interest, the flood hazard is not
increased and there are no reasonable alternative con-
struction sites
4. Whenever feasible, waterfront economic sites should be planned so as
to provide multiple uses of the shorelines of the state
Policy 1- Consistent with public safety waterfront industrial
developments should be encouraged to provide fishing
piers use of artificial reefs boat ramps and other
facilities
Policy 2- To lessen competition for landed sites pens and structures
for commercial aquaculture should be located away from
Class I beaches
Policy 3� In siting economic development, that which is shoreline
dependent should be given priority over economic develop-
ment that is water-oriented
5. Priority should be given those shoreline economic developments which
maintain options for future users of the water
Policy 1- Economic activity which converts shoreline resources
-4-
to irreversible uses should be minimized
6. Tidelands shorelands beds and waters especially valuable for aqua-
culture or natural production of fish or shellfish should be publicly identified
and protected
Policy 2
Policy 3
I
Policy 1- King County support should be given to .State Departments
of Game and Fisheries to improve stream conditions and
open new spawning areas
Policy 2- Development of all fisheries for commercial and recrea-
tional applications should be encouraged
Policy 3- Mining, dredging� channelizing or filling of these shoreline
areas should be discouraged
7. Priority ehould be given shoreline economic development of renewable
over non-renewable resources
Policy 1- To maintain a long range economic base in King County
economic development in shoreline recreation, fisheries
silvaeulture and agriculture should be encouraged.
Prompt and effeetive regeneration should be accomplished
after harvest to assure a sustained yield
Mining and other resource extraction should be dis-
couraged in waterbodies and shoreline areas
PUBLIC ACCESS ELEMENT
An element making provision for public access to publicly-owned shor�elines
and assessing the need for providing public access to shoreline areas
GOAL: INCREASE PUBLIC ACCESS TO SHORELINE AREAS PftOVIDED
THAT PRIVATE R.IGHTS PUBLIC SAFETY AND THE NATURAL SHOftELINE
CHAR.ACTEA ARE NOT ADVERSELY AFFECTED
Obj ectiv es
1. Access development should respect and protect the enjoyment of private
rights in shoreline property
Policy 1- Shoreline access areas should be planned to include
ancillary facilities such as parking and sanitation when
appropriate
-5-
Policy 2- Shoreline access and ancillary facilities should be designed
and developed to provide adequate protection for adjacent
private properites
2. Public access should be maintained and regulated.
Policy 1- Public access should be policed and improved consistent
with intensity of use.
Policy 2- The provision to restrict access as to nature time, number
of people and area may be appropriate for public pedestrian
easements and other public access areas where there are
spawning grounds, fragile aquatic life habitats or potential
hazard for pedestrian safety.
Policy 3- Facilities in public shoreline access areas should be properly
maintained and operated.
3. Design of access should provide for the public health, safety and enjoyment
Policy 1- Appropriate signs should be used to designate publicly-
owned shorelines
Policy 2- Within the shoreline environment pedestrian and non-
motorized access should be encouraged
Policy 3- Public access to and along the water's edge should be
available in publicly-owned shorelines that are tolerant
of human activity
4. Priority for access acquisition should consider resource desirability,
availability and proximiry of population
Policy 1- A shoreline element in the parks acquisition and develop-
ment program should be encouraged so that future shoreline
access is acquired and developed by established criteria
and standards as part of an overall master plan
5. Public access should be provided in new shoreline development
Policy 1- There should be incentives to encourage private property
owners to provide shoreline access.
Policy 2- Public pedestrian easements should be provided in future
land use authorizations and in the case of King County
projects along lakes, rivers, streams, ponds and marine-
lands whenever shoreline features are appropriate for
I
6-
public use. Shorelines of the state that include but are
not limited to any of the following conditions should be
considered for pedestrian easements:
a. Where a proposed trail in the King County .Trail S.ystem
utilizes a route along the shoreline.
b. Areas of significant, historical, geological and/or
biological circumsta.nces
c. Areas presently being legally used or historically
having been legally used by the public along the shore-
line for access
d. Where public funds have been expended on or related to
the waterbody
6. Shorelines of the state should be available to all people for sensory
gratification
Policy 1- Viewpoints, lookouts and vistas of shorelines of the state
and wetlands should be publicly accessible.
Policy 2- New developments should minimize visual and physical
obstruction of the water from shoreline roads and upland
owners
7. General Policies:
Policy 1- Where appropriate utility and transportation rights-of-way
on the shoreline should be made available for public access
and use
Policy 2- Publicly-owned street ends which abut the shoreline should
be retained and/or reclaimed for public access
Policy 3- 5horeline recreational facilities and other public access
points should be connected by trails, bicycle pathways
and other access links where appropriate.
Policy 4- Public pedestrian easements and access points should be
of a nature and scale that would be compatible with the
abutting and adjacent land use as well as natural features
including aaquatic life.
Policy 5- Access development should respect and protect ecological
and aesthetic values in the shorelines of the state.
-7-
I
I
CONSERVATION ELEMENT
An element which deals with the preservation of natural shoreline resources,
considering but not limited to such characteristics as scenic vistas, parkways,
vital estuarine areas for fish and wildlife protection, beaches and other valuable
natural or aesthetic features
GOAL: ASSU�tE PRESEftVATION OF UNIQUE AND NON-RENEWABLE
NATURAL RESOURCES AND ASSURE CONSERVATION OF RENEWABLE
NATURAL RESOURCES FOR THE BENEFIT OF EXISTING AND FUTURE
GENER.ATIONS AND THE PUBLIC INTEREST
Objectives
1. Shorelines which are of unique or valuable natural character should
be acquired for public benefit commensurate with preservation of the
ecosystem
Policy 1- Unique and fragile areas in shoreline areas should be
designated and retained as open space, Access and use
should be restricted br prtlHibited when necessary for
their preservation
Policy 2- When appropriate King County should acquire those
shoreline areas which are unique or valuable. Subsequent
use of such areas should be governd by their ecological
carrying capacity
2. All renewable natural resources should be managed so that use or con-
sumption does not exceed replenishment
Policy 1- In shoreline areas after logging operations have been
completed, reforestation or other planting should be under-
taken and completed within one year whenever possible.
Policy 2- Through policies and actions, King county should encourage
the management and conservation of fish, shellfish� wildlife�
timber and other renewable resources
3. Resource conservation should be an integral part of shoreline planning.
Policy 1- When feasible, King County should initiate programs to
reverse any substantial adverse impacts caused by existing
shoreline development.
i
Policy 2- All future shoreline development should be planned, designed
and sited to minimize adverse impact upon the natural shoreline
environment
4. Scenic aesthetic and ecological qualities of natural and developed shorelines
should be recognized and preserved as valuable resources
Policy 1- When appropriate, natural flora and fauna should be
preserved or restored
Policy 2- In shoreline areas the natural topography should not be
substantially altered
Policy 3- Shoreline structures should be sited and designed to minimize
view obstruction and should be visually compatible with the
shoreline character
Policy 4- Wildlife and aquatic habitats including spawning grounds
should be protected, improved, and, if appropriate, increased.
5. Resources should be managed to enhance the environment with minimal
adverse effect.
Policy 1
Policy 2
Policy 3
Agriculture, aquaculture, and silvaculture in shoreline
areas should be conducted with all reasonable precautions
to insure the preservation of the natural character and
quality of the shoreline.
Shoreline activities and developments should be plan-
ned, constructed and operated to minimize adverse effects
on the natural processes of the shoreline, and should maintain
or enhance the quality of air soil and water on the shorelines
Consumptive and extractive industries should allow the
natural shoreline systems to function with a minimum of
disruption during their operations and should return the
shoreline to as near natural a state as possible upon their
completion
Poliey 4- Any strueture or activity in or near the water should be
constructed in such a way that it will minimize adverse
physical or chemical effects on water quality, vegetation,
fish, shellfish or wildlife.
Policy 5- Uses or activities which substantially degrade the natural
resources of the shoreline should not be allowed.
-9-
c
Policy l- Opportunities should be provided for the public to
understand natural shoreline processes and experience
natural resource features
Policy 2- Public viewing and int�rpretation should be encouraged
at or near industrial, commercial and governmental
shoreline activities when consistent with security and
public safety
2. Shoreline recreational use and development should enhance environmental
quality with minimal adverse effect on the natural resources
Policy 1- Stretches of relatively inaccessible and unspoiled
shoreline should be available and designated as low
intensity recreational use areas with minimal develop-
ment; service facilities such as footpaths periphery
car parks and adequate sanitary facilities should only
be allowed where appropriate.
Policy 2- Beaches and other predominantly undeveloped shorelines
already popular should be available and designated as
medium intensity recreational use areas to be free from
expansive development; intensity of use should respect
and protect the natural qualities of the area
Policy 3- Small or linear portions of the shoreline suitable for
recreational purposes should be available and designated
as transitional use areas that allow for variable intensities
of use, which may include vista points, pedestrian walk-
ways, water entry points, and access from the water;
utilizing stream floodplains streetends steep slopes and
shoreline areas adjacent to waterfront roads.
RECREATION ELEMENT
An element for the preservation and expansion of all types of recreational
opportunities through programs of acquisition, development and various
means of less-than-fee acquisition.
GOAL: PROVIDE ADDITIONAL SHORELINE DEPENDENT AND WATER
ORIENTED RECREATION OPPORTUNITIES THAT ARE DNEftSE
CONVENIENT AND ADEQUATE FOR THE REGIONAL POPULATION
CONSISTENT WITH THE CARRYING CAPACITY OF THE LAND AND
WATER RESOURCE.
Obj ectives
1. Areas containing special shoreline recreation qualities not easily
duplicated should be available for public use and enjoyment
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Policy 4- At suitable locations shorelines should be made available
and designated as high intensive use areas that provide
for a wide variety of activities
Policy 5- Overall design and development in shoreline recreational
areas should be responsive to the site characteristics of
those areas and be consistent with the level of use in the
area concerned.
Policy 6- Recreation areas on the shoreline should have adequate
surveillance and maintenance.
Policy 7- The public should be provided with additional off-site
and on-site guidance and control to protect the shoreline
resource.
Policy 8- Where a wide berm is needed for dry beach recreation,
and physical conditions permit sand retention, consideration
should be given to creating a Class I beach when such
development does not destroy valuable biota or unique
physical conditions
Policy 9- Access to recreational shoreline areas afforded by water
and land circulation systems should be determined by
the concept of optimum carrying capacity and recreation�.
quality
Poliey 10 Non water oriented recreational facility development should
be kept inland away from the water's edge except where
appropriate in high intensive shoreline use areas
3. The provision of adequate public shoreline recreation lands should be
based on an acquisition plan with clear public intent
4. A balanced variety of recreational opportunities should be provided
regionally for people of different ages, health, family status and financial
ability
Policy 1- Appropriate specialized recreation facilities should be
provided for the handicapped or others who might need
them
Policy 2- 5horeline recreation areas should provide opportunities
for different use intensities ranging from low (solitude)
to high (many people)
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Policy 3- Opportunities for shoreline recreational experiences should
include a wide range of accessibility and duration of use
Policy 4- Shoreline recreational experiences should include a wide
range of different areas from remote-outdoor undeveloped
areas to highly developed indoor-outdoor areas..
Policy 5- Recreational development should meet the demands of
papulation growth consistent with the carrying capacity
of the land and water resource.
HISTORICAL/CULTUftAL ELEMENTS
An element for the protection and restoration of buildings, sites and shorelines
areas having historic, cultural, educational or scientific value.
GOAL: SHORELINE FEATURES HAVING HISTORIC, CULTURAL,
SCIENTIFIC OR EDUCATIONAL VALUE LOCALLY OR REGIONALLY,
SHOULD BE DESIGNATED AND THEN RETAINED AND PROTECTED
Obj ect�ves
1. Public and private cooperation in site preservation and protection should
be encouraged.
Policy 1- King County should create the means for establishing
a County register of historic buildings, sites and districts
including those on shorelines
Policy 2
Policy 3
Policy 4
There should be incentives to encourage private owners
to preserve such designated sites
Heritage sites should be restored or modified as an aspeet
of King County's Heritage Site Program
Whenever possible, public or private developments should
be prevented from destroying or destructively altering
any designated site having historic� cultural, scientific
or educational value as identified by the appropriate
authorities
Policy 5- King County should attempt to preserve sites on County
property with historic cultural educational or scientific
valu e
Policy 6-' King County should coordinate with adjacent municipalities
in the preservation and enhancement of mutually relevant
sites and areas
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Policy 7- King County should consider the purchase of appropriate
sites to assure the preservation of representative number
of natural �reas for scier�tific purposes as identified by
the proper authorities
facilities and coordinating those facilities with the shoreline use elements
GOAL: CIR.CULATION SYSTEMS IN SHORELINE AREAS SHOULD
BE LIMITED TO THOSE WHICH ARE SHORELINE DEPENDF.NT OR
WOULD SERVE SHORELINE DEPENDENT USES AND THE PHYSICAL
AND SOCIAL ENVIRONMENT SHALL BE PROTECTED FROM THE
ADVER5E EFFECT OF THOSE SYSTEMS ON THE QUALITY OF
WATER LIFE OR ENVIRONMENT
I
i
I
Obj ectives
1. New surface transportation development should be designed to provide
the best possible service with the least possible infringement upon the shore-
line environment
Policy 1- New transportation facilities and improvements to exist-
ing facilities that substantially increase levels or air noise,
odor, visual or water pollution should be discouraged.
Policy 2- Transportation corridors should be designed to harmonize
with the topography and other natural characteristice of
the shoreline throv�h whiCH they traverse
Policy 3- Surface transportation facilities in shoreline areas should
be set back from the ordinary high water mark far enough
to make unnecessary such protective measures as rip-rap
or other bank stabilization, landfill, bulkheads, groins,
jetties or substantial site regrade.
2. Shoreline circulation systems should encourage alternative routes and
modes of travel.
Policy 1- Future development and maintenance of regional ferry
services should be encouraged and integrated with the
overall transportation system.
Policy 2- Circulation routes should provide for non-motorized means
of travel.
Policy 3- The concepts contained in King County's Urban Trails Plan
should be incorporated into the shoreline circulation system
3. Cixculation systems should be located and attractively designed so as not
to unnecessarily or unreasonably pollute the physical environment or reduce
the benefits people derive from their property
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Policy 1- Motorized vehicular traffic on beaches and other natural
shoreli�e areas should be prohibited
Policy 2- Transportation facilities providing acc*ess to shoreline
developments should be planned and designed in scale
and chracter with the use proposed
4. Circulation systems disruptive to public shoreline access and other
shoreline uses should be relocated where feasible.
Policy 1- Transportation elements disruptive to the shoreline
character which cannot feasibly be relocated should be
conditioned or landscaped to minimize visual and noise
pollution
5. Shoreline circulation systems should be adaptable to changes in technology.
Policy 1- King County should promote and encourage modes of trans-
portation which consume the least amount of energy while
providing the best efficiency with the least possible
pollution
6. General Policies
Policy 1- New transportation developments in shoreline areas should
provide turnout areas for scenic stops and offroad rest
areas where the topography. view and natural,features
warrant
Policy 2- Shoreline roadway corridors with unique or historic signifi-
cance or of great aesthetic quality should be retained and
maintained for thase characteristics
Policy 3- New transportation facilities crossing lakes, streams, rivers
or wetlands should be encouraged to locate in existing
corridors except where any adverse impact can be
minimized by selecting an alternate corridor
Policy 4- Shoreline terminals and transfer points should be sited
and designed to minimize their impact on the environment
and adjacent shoreline uses.
RESIDENTIAL ELEMENT
An element dealing with housing densities, residential subdivisions, shoreline
access, necessary support services and locations of single-family dwellings
(including mobile homes), multi-family dwellings and houseboats without
distinetion between part-time or full-time occupancy
0
GOAL: SHORELINE RESIDENTIAL AREA5 SHALL PERMIT A VARIETY
OF HOUSING TYPES AND DESIGN WITH DENSITIES AND LOCATION CON-
SISTENT WITH THE ABILITY OF PHYSICAL AND NATURAL FEATURES
TO ACCOMMODATE THEM,
Objectives
1. Residential developments should be excluded from shoreline areas known
to contain de�velopment hazards
Policy 1- Residential development should be prohibited in flood
plains within the 100 year flood level
Policy 2
Policy 3
I
Residential development should be prohibited in areas of
of severe or very severe landslide or avalance hazard
Residential development should be prohibited in shoreline
areas with slopes of 40$ or greater which are hazardous.
Policy 4- Shoreline areas containing other potential hazards (e.g.,
geological conditions, unstable subsurface conditions,
ersion hazards groLind w6iter or seepage problems) should
be limited or restricted for development The burden of
proof that development of these areas is feasible, safe
and ecologically sound is the responsibility of the developer
2. Residential developments should have minimal impact on the land and water
environment of the shoreline and minimize visual and physical obstruction.
Policy 1
Policy 2
Policy 3
Policy 4
Residential development should be prohibited in identified
unique and fragile areas
Residential development on piers or over water should not
be permitted
Landfill for residential development which reduces water
surface or flood plain capacity would not be permitted.
In residential de�velopments the water's edge should be
kept free of buildings and fences
Policy 5- Every reasonable effort should be made to insure the retention
of natural shoreline vegetation and other natural features of
the landscape during site development and construction
Policy 6- Planned unit developments that provide public access and
open space for the general public as well as to residents
of the project are preferred, whether single-family or
multi-family developments
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SHORELINE ENVIRONMENTS
In order to more effectively implement the goals, objectives and policies of
this Master Program and the Shoreline Management Act the shorelines of the
state within King County have been categorized into five separate Environment
designations. The purpose of these designations is to differentiate between
areas whose geographical features imply differing objectives regarding their
use and future develoment.
Each environment represents a particular emphasis in the type of uses and
the extent of development which should occur within it The system is designed
to encourage uses in each Environment which enhance the character of the
Environment while at the same time requiring reasonable standards and restric-
tions on development so that the character of the Environment is not destroyed.
The determination as to which designation should be given to any specific
shoreline area has been based on and is reflective of the existing development
pattern, the biophysical capabilities and limitations of the land and the goals
and aspirations of the local citizenry
Each environment category includes: 1) a definition describing the development,
use and/or features which characterize the drea, 2) a purpose which clarifies
the meaning and intent of the designation. and (3) general policies designed to
regulate use and development consistent with the character of the Environment
URBAN ENVIRONMENT
The Urban Envronment is an area of high-intensity land use including residential,
commercial, recreational and industrial development. The Environment is
particularly suitable to those areas presently subjected to extremely intensive
use pressure, as well as areas planned to accommodate urban expanaion. Shore-
lines planned for future urban expansion should present few biophysical
limitations for urban activities and not have a high priority for designation
as an alternative environment.
The purpose of designating the Urban Environment is to ensure optimum
utilization of shorelines within urbanized areas by permitting intensive use and
by managing development so that it enhances and maintains the shoreline for
a multiplicity of urban uses. The Environment is designed to reflect a policy
of increasing utilization and efficiency of urban areas, to promote a more in-
tensive level of use through redevelopment of areas now under-utilized and
to encourage multiple use of the shoreline if the major use is shoreline dependent.
General Policies
1. Emphasis should be given to development within already developed areas.
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2. Priority should be given to shoreline dependent and water oriented uses
over other uses.- Uses which are neither shoreline dependent or water oriented
should be discouraged except for residential
3. Emphasis should be given to developing visual and physical access to
the shoreline in the Urban Environment
5. To enYiance the waterfront and insure maximum public use industrial
and commercial facilities should be designed to permit pedestrian water-
front activities conaistent with public safety and security.
6. Multiple use of the shoreline should be encouraged
7. Redevelopment and renewal of substandard areas should be encouraged
in order to accommodate future users and make maximum use of the shoreline
resource.
8. Aesthetic considerations should be actively promoted by means of si�n
control regulations, architectural design standards, planned unit develop-
ment standards landscaping requirements and other such means
9. Development should not significantly degrade the quality of the environment,
including water quality and air quality nor create conditions which would
accentuate erosion, drainage problems or other adverse impacts on adjacent
Environments
RURAL ENVIRONMENT
The Rural Environment is intended for shoreline areas characterized by
agricultural uses low density residential where most urban services are
not available, and areas which provide buffer zones and open space between
predominently urban areas. Undeveloped shorelines not planned for urban
expansion or which do not have a high priority for designation in an alternative
Environment and recreational uses compatible wi#h agricultural activities are
appropriate for the Rural Environment
The purpose of designating the Rural Environment is to preserve agricultural
land, restrict intensive development along undeveloped shorelines, function
as a buffer between urban areas and maintain open spaces and opportunities
for recreational uses within the ecological carrying capacity of the land and
water resource New developments in a Rural Environment should reflect
the character of the surrounding area by limiting density, providing
permanent open space and by maintaining adequate building setbacks from
water to prevent shoreline resources from being destroyed for other rural
types of uses
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General Policies
1. Industrial and commercial uses should be restricted to those associated
and in character with this Environment
2. Industrial, commercial and residential development should not encroach
on prime agricultural lands
3. Recreational access to the shorelines should be encouraged. Recreational
facilities should be located and designed to minimize conflicts with agricultural
activities
4. Agricultural practices should be conducted in a manner that will prevent
pollution of the water and minimize erosion and sedimentation within the
shoreline area
5. New developments should reflect the character of the surrounding area
by limiting residential density providing permanent open space and maintain-
ing adequate building setbacks from the water
CON5ERVANCY ENVIRONMENT
The Conservancy Environment consists of a shoreline areas which are primarily
free from intensive development It is the most suitable designation for ehore-
line areas of high scenic or historical values, for areas unsuitable for develop-
ment due to biophysical limitations and for commercial forest lands.
Conservancy areas are intended to maintain their existing character This
designation is designed to protect conserve and manage existing natural
resources and valuable historic and cultural areas. The preferred uses are
those which are nonconsumptive of the physical and biological resourcea of
the area.
General Policies
1. New developments should be reatricted to those which are compatible
with the natural and biophysical limitations of the land and water
2. Commercial and industrial uses other than commercial forestry, agriculture,
fisheries and mining should be discouraged
3. Diverse recreational activities which are compatible with the Conservancy
Environment should be encouraged
4. Development which would be of a hazard to public health and safety or
would materially interfere with the natural processes should not be allowed.
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5. Residential development should be regulated to maintain an overall
density of less than one dwelling unit per acre
6. The flood hazard overzone regvlations shall apply to development within
flood plains
Structural flood control devices should be strongly discouraged in the
Conservancy Environment
8. In areas with poorly draining soils developments should not be allowed
unless connected to a sewer line
9. Developments should be regulated so as to minimize the following: erosion
or sedimentation, the adverse impact on aquatic habitats and substantial
degradation of the existing character of the Conservancy Environment.
10. King County should encourage sustained yield management of natural
resources within the Conservancy Environment.
NATURAL ENVIRONMENT
The Natural Environment consists of areas characterized by the presence of
some unique natural features considered valuable in their undisturbed or
original condition and which are relatively intolerant of intensive human use
Such areas should be essenrially free from development or be capable of being
easily restored to natural condition and they should be large enough to protect
the value of the resource
The purpose of designating the Natural Environment is to preserve a.nd restore
those natural resource systems existing relatively free of human influence
These systems require severe restrictions of intensities and types of uses
permitted so as to maintain the integrity of the Natural Environment
General Policies
1. Natural areas should remain free from all development which would adversely
affect their natural character
2. The intensity and type of uses permitted should be restricted in order
to maintain the natural systems and resources in their natural condition
3. Limited access should be allowed ta those areas in the Natural Environment.
4. Uses which are consumptive of the physical and biological resources
or which may degrade the actual or potential value of the Natural Environment
should be prohibited
5. Uses and activities in locations adjacent to natural areas should be strictly
regvlated to insure that the integrity of the Natural Environment is not compromised
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SHORELINE USE ACTIVITIES
Shoreline use activities are specific uses or groups of similar uses that
have been outlined by the Department of Ecology Final Guidelines as being
characteristic of the shorelines of the state They have been formulated
as implementing tools to further carry out the intent and policy of this
Master Program and the Shoreline Management Act They also represent a
major criterion to be used in evaluating proposed development and alterations
to the shoreline environment, with their ultimate influence, to a large extent,
dependent upon how well they are enforced
The policies that make up each use activity have been developed, founded on
the premise that all reasonable and appropriate uses require regvlatory control.
Other provisions such as a view enhancement public access erosion control
water quality long term benefits and aesthetic considerations have also
been reflected in policy statements
Shoreline uses and activities not specifically identified and for which policies
have not been developed, will be evaluated on a case by case basis and will
be required to meet the intent of the goals and objectives of this Master
Program the policy of the Shoreline Management Act of 1971 and shall be
coneistent with the management policy and character of the shoreline Environ-
ment in which they propose to locate
AGRICULTURE
The best farming soils of King County are predominantly located in the river
valleys where many years of river flooding have formed flat floored lowlands
of fertile alluvial deposits These soils the Oridia-Seattle-Woodinville
Association covering about seven percent of King County require little or
no irrigation and lie over a gravelly subsoil below which the water table
drops during the growing season
Agricultural activities have tended to locate along the river edge in places
where the ground water table is accessible and drainage is good Dairy
farms, mostly pasture dependent, are located on the Enumclaw plateau and
along the Snoqualmie River Basin They provide for about 25 0 of the Puget
Sound demand for milk and milk products Vegetr�ble nnd small fruit crops
are grown in portions of the Green River Valley Sammamish Valley and on
Vashon Island, accounting for up to 50$ of the celery, cabbage, lettuce,
rhubarb and blueberries grown and sold in the State
Allocating land to agriculture is a vital commitment of resources although
some agricultural land is being lost to other uses Prime agricultural land
lost through conversion must be replaced through additional applications of
energy to less naturally productive lands (for example a ton of synthetic
nitrogen fertilizer requires the burning of more than 40 000 cubic feet of
natural gas)
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Essentially all rural shorelines agricultural activities include some source
of non-point water pollution In King County seven pollution types are
characteristic and need control considerations: sediment, nutrient, additives,
pesticides salt loads, orgnnic loads and microUial (puthogena)
Alluvial soils which make good farmlands and found in river valleys
generally are small particles of earth They have been deposited over �ong
periods of time through natural erosion Because of the size of soil particles
and the intermittent absence of vegetative cover croplands and other farmlands
are highly susceptible
Urbanization on plateaus surrounding valleys increases the rate and amount
of runoff increasing the potential for erosion of valley soils. As a result,
cropland may be the principal source of the total sediment yield in rivers This
source of sediment may contain pollutants Additionally commercial fertilizers
and pesticides applied to crops may permeate into the water table of the subsoil
and concentrate in ground water storage where normal valley drainage is
impaired
Both dairy and cropland farming methods may result in herbicide and pesti-
cide pollution in both the soil and water element Microbial and organic
loads are particularly characteristiC df dairy activity surrounding feedlots
Water soluble ammonia from cattle nitrogenous waste may be carried in the
breeze close to the ground for hundreds of feet to pollute adjoining waters
Public access to the shorelines of farms pose additional problems Publie safety
from farm machinery and chemicals is a major concern of farm owners
Liability for accidents makes farmers cautious to allow public aceess to rivers
Farm security also of concern where damage to crops and animals as well as
atructures may occur Extensive areas of farms and continuous operation
requirements make supervision of public access difficult for the farm owner.
General Policies
1. Property owners in agriculture areas should be encouraged to provide
shoreline recreational bpportunities consistent with the goal, objectives
and policies of the public aceess element.
2. Shoreline areas with soil particularly suitable for agriculture should be
protected from activities which would compromise the agricultural potential
of those areas
3. Lakes and bogs surrounded by farmlands should be maintained and
protected as wildlife habitats
4. In agricuYtural areas where cattle could gain access to the water body,
fences should be constructed upland of a natural vegetation strip to preclude
-23-
potential pollution from animal wastes and sediment created through de-
struction of the stabilized soil.
5. In agricultural areas abutting the shoreline, a strip of natural vegetation
should exist above the ordinary high water mark between the water and
agricultural activity to stabilize the soil and entrap sediment
6. In agricultural areas subject to the dangers of a high water table or
flooding� consideration should be given to those activities crops. or open
space which would require no new bank stabilization or flood control measures.
AQUATIC RESOURCE PRACTICES
Despite expanding world consumption and harvesting of fish and ahellfiah
products U. S. fish shellfish landings have been nearly constant over the
last twenty years As a result the U. S. catch has provided less than a quarter
of the fish and shellfish consumed in the United States while national import hae
been increasing at an annual rate of 14$. During this period Washington State
has accounted for about 6$ of the national landings and ranked 8th in dollar value.
Of all facets of economic shoreline activity �production from fisheries is
the most vulnerable to massive destruction from an error in environmental
control. Close monitoring of water quslity and an agressive policy of
pollution abatement and control are mandatory for full realization and
sustenance of this economic base
King County shares a responsibility for the fisheries in three of the seven
major Puget Sound estuaries These three estuaries have much to do with
the biological productivity of Puget Sound, the only large estuary in the
United States This estuary is one of only three in the world not dead to
commercial fish harvesting
Aquaculture addresses state hatcheries, commercial hatcheries and beds,
and natural hatcheries and beds within King County shorelines Underwater
aquaria are considered as aquaculture although the use is principally
r ecr eational
Aquaculture has two modes:
1. The harvest of uncontained plant and animal populations that exist
on the nutrients and foods available in the environment, restock them-
selves according to the fecundity of the population, and survive as
the food and nature allow. On King County shorelines, clam and
geoduck digging are examples
2. Artificial stocking or raising of stock in feedlots or pens using
selective breeding and controlled feeding programs for increasing
-24-
production and rearing a uniform product In King County state
hatcheries and state distribution of oyster spat are examples
Pen culture requires confinement and the presence of fixed structures that
compete for space Pens rafts and hatcheries require certain environmental
conditions to assure the survival of their contained populations Some of
these conditions are small wave forces good flow good water quality
temperature limits good anchoring ground and accessibility and. possibly,
good natural food and nutrient supply
The confinement of fish or shellfish in concentration impoaes an extreme
biological load in a small area Dense populations degrade and water quality
and deposit heavy fecal sediments below the pens or on the floor of embay-
ments The principal impacts of aquacultural activity within the shoreline
are:
1. Pollutants in the water body such as fish organic wastes and
additives for feeding and disease control.
2. Navigation hazards such as holding pens, rafts. nets and stakes.
3. Watercourse alteration to supply water
4. Netting and flooring of river beds for spawning channels.
5. Shoreline access limitations tn►here shellfish are being protected
and contained
General Policies
1. King County support should be given to State Departments of Fisheries and
Game to improve stream conditions� open new spawning areas, and establish
new fish runs
2. Pens and structures for commercial aquaculture should not be located
on Class I beaches, or awimming beaches.
3. Aquacultural enterprises ahould be located in areas which would not
significantly restrict navigation
4. In aquaculture enterprises, development of multiple aquaculture systems
should be encouraged
5. Aquacultural structures should use open pile construction where signifi-
cant littorel drift occurs
6. Prior to use of an area for aquacultural enterprises consideration should
be given to the capability of the water body to absorb potential wastes
7. Shoreline areas having extremely high natural potential for aquaculture
-25-
should be preserved for that purpose
FOREST MANAGEA4ENT PRACTICES
Almost fifty percent of the total land area of King County is forest land, and
of this over sixty percent is classified as principal forest. At the same time
these forest lands contain a bountiful resource. As a result, industries
based on timber and fish resources have flourished in the County since
pioneer days Today both industries are still vitally important to our
economy. If they are to flourish in the future, however, the resources must
be managed wisely
The West Coast Douglas-Fir Region supports five species of anadromous salmon
and two species of anadromous trout as well as resident fish. Resident fish
live in fresh water streams and lakes all year, and several anadromous species
spend up to their first year in such areas before going to the ocean. Salmon
and trout require a high quality environment, preferring clean� cool, well-
oxygenated streams, and they have been known to use streams wish flow as
little as 0.01 cfs. In order to preserve our fish resource in forested areas,
we must protect all streams at all times of the year This means not only wise
stream management but wise forest management The following set of general
policies is aimed at controlling the activities of forest harvesters for the
protection of forest and fish resources for present and future use, not only
by timber and fisheries interests, but for all the residents of the County and
�3. Timber harvest in unique and fragile areas should be prohibited, except
as a measure to enhance or protect the area.
4. All roads, railroads and trails should be constructed and maintained to
minimize or preclude erosion.
5. Road and bridge construction should be carried out in that time of year
which will prevent harmful effects on wildlife, aquatic life and their habitat,
and serious soil erosion.
-26-
6. All cut, filled, and side cast slopes should be planted or seeded with
appropriate ground cover or otherwise treated to prevent erosion of the slope.
7. All ruts and erodable soil conditions caused by timber harvest
operations should be water-barred or planted with appropriate ground
cover
8. All road design and construction should minimize the number of
waterway crossings and avoid unnecessary duplication of road systems
by making use of existing roads where practical. Where roads traverse
land in another ownership, but still adequately serve the operation,
attempts should be made to negotiate with the owner for use of such roads
before construction of new roads
9. Land being harvested of timber prior to changing the land to a non-timber
production use need not be regenerated if the new use is substantielly within
one year of the harvest. However� proper erosion control measures should
be taken in cases where stream degradation is poseible in the interim period
10. In shoreline areas which are unsuited for the produetion of wood fibre,
such as lakes marshes bogs awampe springe wet meadows or grasslands
protective and vegetative cover should be maintained as wildlife habitats.
11. Whenever seeding planting, or other soil atabilizing measures are
specified it should be done as soon as practical according to good forest
practicea
COMMERCIAL DEVELOPMENT
Commercial development pertains generally to the use or construction of
facilities for transaction and sale of goods and servicea as opposed to indus-
trial development (treatment together with ports) which pertains to the design
and fabrication of products
Commercial uses which are not shoreline dependent or water oriented are
encouraged to site on upland plateaus
Commercial developments in King County shorelines range from small
businessea within residences to high-rise office buildings In general
shoreline dependent and water oriented commerce are one or a combination
of two typea: commercial non-sales and commercial sales.
Commercial non-sales consist primarily of commercial moorage and boat
launching. Terminal transfer facilities which are a form of non-eales
commerce, are addressed in the "Ports and Industry" Use Activity. Commercial
sales include storage, rental and sales of water vehicles and equipment, accese�
shoreline artifacts, food and services.
-27-
The principal impact factors upon the shoreline from commercial develop-
ment are pollutants� (e g.� erosion sedimentary chemical and microbial) and
aesthetic destruction. Erosive pollutants from commercial development are
generated from surface runoff and both surface and sub-surface subsidence.
Chemical pollution is derived from fuel spillage. Microbial loading arises
from poor containment of organic wastes associated with human habitation
and recreational activities
General Policies
1. Boat moorage, launching facilities amd other services should be locat�d
where existing vehicular access and parking are available or can be made
available without disruption of the shoreline environment
2. Shoreline embankments of launching and servicing facilities should be
stabilized both above and below the water's edge
3. Consideration should be made of the effect a structure will have on a
scenic value
4. Commercial structures and ancillary facilities that are not shoreline
dependent or water-oriented should be placed inland away from the immediate
water's edge
5. Overwater commercial structures should be discouraged but, where allowed�
should provide safe public access to the water and promote aesthetic and visual
values for publie benefit.
6. The use of porous materials should be encouraged for paved areas to
allow water to penetrate and percolate into the soil. Use of holding systems
should be encouraged to control the runoff rate from parking lots and roof
tops
Commercial enterprises locating within shoreline areas should be con-
structed to withstand normal rain and flooding conditions without contributing
pollution to the watercourse or shoreline
8. Commercial development which is not shoreline dependent should provide
a buffer zone of vegetation for erosion control
PLEASUftE BOAT MARINAS
Marinas are essentially port facilities for land-water transfer that provide
launching, storage, moorage supplies and service for pleasure boats, as
well as parking areas for automobiles. They also serve as fueling stops,
_Zg_
:
havens of refuge, and destination points for boaters In addition to their
utilitarian use they offer a great variety of activities for just watching.
Marina construction is of two basic types: open-type construction (floating
breakwater and/or open pile work) and solid-type construction (bulkhead
and/or landfill) Boat storage associated with marinas can be wet, dry,
covered uncovered or stacked
Due to a high percentage of boat ownership in King County and the Puget
Sound area and the great demand for boat storage and launching facilities
the County's shorelines will continue to be heavily pressured for this type
of use
Depending on their size, marinas are hubs of activity for boat and automobile
traffic They generate noise air and water pollution and are prominent
epace users of land, shoreline and water. Depending on the type of construc-
tion marinas affect fish and shellfish habitats
The following policies are directed toward marina and other boat launch
development on King County shorelines They ahould take minimal ahoreline
space be separated from swimming areas and be designed to protect fish
and shellfish habitats and water quality
General Policies
1. Marinas should be distributed regionally for convenient and water
access only to the extent of the region's land and water carrying capacity
and balanced againet other shoreline dependent uses
2. Local governments should coordinate in the planning and development
of regional marina facilities for mulri-jurisdictional use
3. Marinas should be located with regard to most favorable physiographic
conditions such as wind and current protection and adequate water depth
for expected boat drafts
4. Shallow water embayments with poor flushing action should not be
considered for overnight and long-term moorage facilities
5. Marinas should be located and designed in a manner than will minimize
environmental pollution
6. Marinas should be located within existing or potential high intensity use
areas and at shoreline locarions adj acent to waters used for navigation
7. Marina development and ancillary facilities should be designed to use
minimal shoreline
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8. Vehicular access to marinas should be confined so that thlh'ich supports
a shoreline dependent use.
9. Parking areas that serve marinas shall conform to the parking regulations
of the "Transportation Facilities" Use Activity"
10. Land-water access to marinas should be planned to minimize traffic
congestion and to minimize pedestrian/vehicle conflicts
11. Boats should be dry stored whenever possible to retain shoreline for
other shoreline dependent uses or so that the greatest number of boats per
front foot of shoreline can be accommodated.
12. The general public should be allowed use of the marina except in specific
areas that may require security.
13. Viewpoints, walkways picnic facilities, benches, telephones, restrooms,
drinking fountains and other public use facilities should be eneouraged.
14. Covered moorage should be discour��ed except for repair or construction
activity
MINING
The Puget Sound area is particuarly rich in reserves of non-metallic minerals.
Sand, gravel� clay, coal, cement� and stone are produced in quantity for the
construction industry, and comprise over ninety-six percent of the total recorded
mineral production value in the area
Although the total amount of land that is presently occupied by mines or will
be needed for future mineral industries ia extremely small, the need for land
for these industries is extremely critical.
In King County in the 115 years of mining, a total of approximately 700 acres
of land has been disturbed by surface mining activities (or about one square
mile), and although the land area involved is very small, the dollar value
of minerals produced is rather large. Thus there is tremendous pressure to
exploit further our mineral resources
Ma.ny of the most valuable deposits of sand and gravel are located on the
marine shoreline and in or near the beds of rivers The conflicts between
economic interest and environmental concern in these situations is obvious,
but with good management of both the shoreline resource and the mineral
resource those conflicts can be addressed and resolved without harm to
either These policies do not attempt to disallow utilization of the mineral
reaource. Rather their intent is to protect the shoreline resource.
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General Policies
1. Mining in unique and fragile areas should not be allowed.
2. Consumptive and extractive industries should allow the natural shoreline
systems to funetion with a minimum of disruption during their operations and
should return the site to as near natural a state as possible upon their com-
pletion
3. Mining in or under the waters of shorelines of the state in King County
should be discouraged
OUTDOOR ADVERTI5ING SIGNS AND BILLBOARDS
Outdoor advertisements and signs are publicly displayed messages designed to
provide information direction or advertising, and may be pleasing or distracting
depending upon their number design and location The proliferation of signs
has generally resulted in the reduced effectiveness of �individual signs as weA
as having caused dangerous conflicts between advertising signs and traffic control
signs The uncontrolled use of signs and their insistent demand for attention can
be detrimental to surrounding property values and may serisously detract from
the enjoyment, pleasure, and the natural beauty of the shoreline. The following
policies and regulations are written from the perspective that the shoreline character
and attractiveness should be protected to the greatest extent possible from the
ill effects of signs
General Policies
1. Vistas and viewpoints should be free from unnecessary signs.
2. Signs, when permitted, should be placed so as not to impair view of the water
or impair view upland from the water except where dangerous conditions require
warning signs
3. Warning signs should be installed by King County or by other appropriate
entities where hazardous conditions may exist.
4. Advertising signs when permitted should be limited to shoreline areas
of high intensity use
5. Signs in shoreline areas ahould be maintained in a state of security, safety
and repair
6. Any new sign codes for King County should recognize the unique aesthetic
character and ecological qualities of shoreline areas
UTILITIES
Few, if any, utility systems could be installed completely without coming
under the jurisdiction of this Master Program The focus of the policies
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i
in this section is on how these utility facilities within the wetland area can
be planned, designed, constructed, maintained and rehabilitated to be con-
sistent with the intent of the Shoreline Management Act of 1971.
Types of utility facilities in King County vary from regional transmission
by trunklines,pipelines and transmission lines to subregional distribution
facilities. These are essentially pipes and wires. Regional facilities
generally are high voltage or high pressure systems with substantial potential
impact in case of failure. Their impacts on the environment are generally
greater also because of their scale and safety requirements.
The types of utilities covered are communications (radio, T.V telephone)
energy distribution (petroleum products, natural gas, and electricity)�, water,
sanitary sewers, and storm sewers. Solid waste utilities are disuessed as a
separate Use Activity in this Master Program
General Policies
1. Utilities which lead growth should not be extended into any wetland or
I along shorelines without prior approval of such extension by appropriate
land use authority.
2. Utilities located in wetlands inappropriate for development should not
make service available to those areas.
3. In developed wetlands not served by utilities, utility construction
should be encouraged to locate where it can be shown that water quality
will be maintained or improved.
4. King County should be consulted prior to or at the time of application
for construction of regional utility facilities to be located in or along shore-
lines or wetlands
5. Utility corridors crossing shorelines of the state should be encouraged
to consolidate and concentrate or share rights-of-way where:
a. Public access (including view) would be improved.
b. Concentration or sharing would not hinder the ability of the utility
systems to be installed operated or maintained safely
c. Water quality would be as good or better than if separate corridors
were present
6. Public access consistent with public safety and security should be
encouraged where rights-of-way for regional utility facilities cross shorelines
of the state
0
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7. New utility facilities should be located so as neither to require �xtensive
shoreline protection nor to restrict water flow, circulation or navigation.
8. Utility facilities and rights-of-way should be selected to preserve the
natural landscape and minimize conflicts with present and planned uses of
the land on which they are located.
9. New utility routes should be designed to minimize detrimental visual
impact from the water and adjacent uplands
PORTS AND INDUSTRIE5
King County principal port lands extend up the Duwamish River a little
over a mile and one-half from Seattle City Limits. An Industrial Develop-
ment District, authorized by Legislation in 1951, in Seattle and King County
is being de�veloped by the Port of Seattle. Financial support of the District
is achieved primarily through fees for facility or land leasing, tax levies,
bonds, and a percentage of State tidelands lease money.
The right bank of the waterway is lined with large industries, some of which are
neither shoreline dependent nor water oriented. The left bank is largely
undeveloped flat land backed by a major thoroughfare, Weat Marginal Way
South. Users of this land have little interaction with the water course,
but are so located for access to the thoroughf�re. A navigable channel one
hundred feet wide is maintained to depths of nine to thirteen feet.
A wide variety of deep and shallow water oriented industries could be located
along the Duwamish Waterway. These Industries may compete for the shoreline
when the Duwamish River is adequately prepared for them Examples are:
Public and private terminal facilities, marine construction, boat builders,
sand and gravel, etc
Puget Sound will be impacted by changing bulk shipping technology. By
1980, 200, 000 to 300, 000 ton bulk carriers requiring channel depths from
60 to 90 feet will be standard The unique deep water of Puget Sound will
be attractive for the operation of these ships Obviously, increasing preseure
will be brought to bear for accommodation such as:
1. Off-shore facilities, floating docks� artificial islands, submerged
pipes� barges and other mechanisms for loading and unloading ships.
2. Deep water piers or docks established along the coastline where
no harbor exists
Other industrial shoreline concentrations exist on streams lakes and marine
waters in King County. A number of these industries are not water oriented.
The principal impacts upon the shoreline from port and industrial users are
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pollutants (e.g., sedimentary, chemical� thermal and microbial), intensive
use, erosion, aesthetic destruction and natural habitat alteration.
General Policies
1. To preclude wasteful use of the shoreline, allocation for port use should
be made on a regional basis
2. Industrial docks and piers should be designed to minimize adverse impact
of sueh facilities upon other shoreline dependent uses and other shoreline
resources.
3. Ports and shoreline dependent industry should be encouraged to provide
public access to the watercourse, consistent with public safety, public
health, and security.
4. Industrial and commercial activities should share overwater structures
and shoreline facilities
5. Maintenance of continuous good quality water flow in cut-off oxbows
resulting from channel alteration for port use should be considered to
help retain available fish and wildlife habitats, and increase recreational
opportunities
6. Erosion resista.nt vegetation cover should be planted between cleared
land and the shoreline to protect the water element
7. Industrial uses which are not shoreline dependent should be located
away from the shoreline.
8. Shorelines of the 5tate in King County should not include port and
storage facilities for deep draft oil tankers.
9. Offshore facilities floating docks and artificial islands for deep water
port expansion should not be permitted until it is known with certainty
that such development or expansion will not harm the marine environment
or diminish the natural productivity of the estuarine system of Puget Sound
10. Water reclamation and power plants and sewage treatment facilities
should be located where they are compatible and do not interfere with
recreational, residential, or other public uses of the shoreline.
BREAKWATERS
Breakwaters are off-shore structures often linked to the shore, designed
to absorb and reflect back onto the water body the energ3T of waves so as to
protect the shore behind them. They are generally constructed either as
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solid walls which tend to be most effective in reducing wave energy behind
the structure, or�as floating structures which often are not sufficient to
withstand waves of high energy. In that beach accummulation and general
sand mobility is caused by wave, current and tidal action, breakwaters may
have dramatic effects on beach formation and sand movement Solid break-
waters tend to have a greater impact on sand movement than do floating
breakwaters. Conversely, floating breakwaters tend to be more expensive.
General Policies
1. Breakwater construction should only be considered in marine shoreline
environments where protection from high wave action is desirable and essential.
2. Breakwaters should be constructed only where shoreline dependent users
are located seaward of the existing shoreline
3. Reduction of the opportunity to use surface water area which may result
from breakwater construction, should be weighed against the benefits of
reduced wave action.
4. Applicants for breakwaters should consider both solid and floating
breakwaters and the advantages and disadvantages of each type on debris
accumulation, sand movement and aquatic habitats at the proposed location.
5. Breakwater design should include provisions for compatible recreational
uses when consistent with navigation and when public safety can be assured.
6. Care should be exercised in location, design, construction and expansion
of breakwaters relative to the shoreline environment and other shoreline
dependent uses.
JETTIES GROINS
Jetties and groins are structures constructed primarily to affect the movement
of sand Jetties are constructed of rock steel or concrete at the mouths of
rivers to prevent sand from blocking river channels and hindering navigation.
Groins, on'the other hand, are barrier-type structures of rock, wooden piling
or other materials constructed across the beach itself and extending into the
water The effects of both j etties and groins is to obstruct the eand contained
in the littoral drift Jetties trap it away from navigation routes while groina
trap it for beach purposes Where there is a relatively small amount of sand
available in the littoral drift. both types of structures may tend to starve
those areas down drift
Trapping sand, similar to beach feeding and some other types of land
augmentation, will have an effect upon plant and animal life to some degree.
In areas of significant sand migration along the shoreline sand may cover
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aquatic life while the consequential effects in other areas may be very
small. In each case, seasonal changes in wind direction, the locations
of sources of beach parent material and the quantity of sand trapped by
such structures effect the impacts they may have
General Policies
1. Beach feeding should be considered where jetties or groins starve down
drift shorelines
2. Jetties and groins should not be constructed in areas where they tend
significantly disturb the natural cyeles of aquatic and terrestrial biota.
3. Public access for shoreline dependent or water oriented activities to
jetties and groins should be encouraged when consistent with public safety.
4. Care must be exercised in location, design, construction and expansion
of jetties and groins relative to the shoreline environment and other
shoreline dependent uses
LANDFILL
The earth's surface evolved over several million years producing a topography
constantly in a state of natural fluctuation Man among his other activities on
the earth's surface has participated in manipulating surface substance adding
his own influence to the fluctuation Land fill has been used within King
County to create usable land by adding or displacing material in order to
remove obstructions for development. Since the purpose has been to create
land usable for specific developments from land not previously usable for
the developments, seldom were the natural systems considered. Fill
commonly destroys vegetation subsequently eliminating habitat. It may also
cover animal life or breeding and spawning grounds The policies contained
herein are intended to focus on these and other aspects of natural systems
affected by irian-made landfill cuts excavations and site grading actions
while at the same time recognizing man's needs
General Policies
1. Landfill except for beach feeding, should be discouraged in areas of
high shoreline erosion potential.
2. Landfill should be deposited so as to minimize disruption of normal surface
and ground water passage
3. Landfill should allow surface water penetration into the ground water
supply where such conditions existed prior to fill.
4. Landfill should be located landward of the ordinary high water mark.
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except for beach feeding and for landfill serving shoreline dependent or
public uses having an over-riding public interest, provided that such land-
fill shall be allowed only after full consideration is given to factors such as
total water surface reduction, impediment to water flow and circulation,,
reduction of water quality and destruction of habitat Landfill within the
100 year flood plain should not reduce the river channel or flood plain water
storage capacity or in any way increase flood hazard so as to endanger public
safety.
5. Land should be filled only after some ultimate use of the property is
approved by King County in accordance with the Comprehensive Plan and
this Shoreline Master Program
6. Landfill should be done at such tir�e as to minimize damage to water
quality and aquatic life
7. Beach feeding areas may be established and approved by King County
on Lake Washington, Lake Sammamish and the marine shoreline.
8. Landfill should be permitted only in conjunction with shoreline dependent
uses; landfill for uses not so dependent should be discouraged.
SOLID WASTE
King County is Washington's most populous county In addition, it lies within
an area which is rapidly growing and urbanizing. As such, King County
generates the largest volume of solid waste in the state. However. urban
pressures make disposal of such waste and ever-increasing problem As
more vacant land gives way to urban expansion, there is not only the problem
of more people and more solid waste, but there is at the same time becoming
less and less space available for the disposal of waste. This does not mean
that we need be careless in siting solid waste disposal facilities ftather,
it points to the necessity of coordinated planning for those facilities.
Solid waste disposal can be a threat to health and safety wherever it occurs,
but it poses particular problems in shoreline areas Not only is it a physical
and visual blight, but leachate from solid waste landfill can conta.minate lakes
and streams, thus endangering public health and wildlife. It is the intent
of the following policies to protect the shoreline resource from the potential of
solid waste.
General Policies
1. Shorelines should not be used for transfer stations, storage or disposal
of solid waste. Where such activities are presently on shorelines they should
be phased out and rehabilitated as soon as possible
2. King County shall endorse and assist in the implementation of a
regional solid waste disposal comprhensive plan.
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DREDGING
Dredging is one of the most extensive construction activities in the rivers
and harbors of the Pacific Northwest. Each year dredging operations remove
the redeposit millions of cubic yards of materials in Washington alone. Dredge
spoil varies from clean river sand to organic sludge Some of this material is
deposited on land, but a significant portion is dumped back into the water
or immediately adjacent to the water
Of all activities on shorelines dredging poses one of the largest threats
to water quality and aquatic life In most cases dredging occurs in shallow
axeas and may disturb the aquatic environment in the following ways: (1)
temporary reduction of water clarity from auspended sediments �(2) loss
of aquatic plants and animals by direct removal or from the sedimentation
of suspended materials, (3) alternation of the nutrient and oxygen levels of
the water column, and (4) suspension of toxic materials from the sediments
into the water column
General Policies
1. Dredging and excavation in unique and fragile areas should not be allowed.
2. In all cases, dredging and excavation operations should be conducted
to minimize adverse effects on the shoreline development
3. Dredging operations should be scheduled so as to not materially interfere
with the movements of fish.
4. When dredge spoil has suitable organic and physical properties
dredging operators should be encouraged to recycle dredged material into
areas of the County suitable for agricultural practices
5. Local and regional planning for development of long-term disposal sites
for dredging spoils should be initiated by King County
6. Shoreline areas where dredging and excavation and the disposal of
dredge and excavation spoil are prohibited should be defined and designated.
SHORELINE PROTECTION
Shoreline protection is action taken to reduce adverse impacts caused by
current, flood, wake or wave action. This action includes all structural and
non-structural means to reduce these impacts due to flooding, erosion, and
accretion Specific structural and non-structural means included in this
use activity are bulkheads rip-rap bank stabilization and other revetments,
dikes levees flood control dams berms and other means of shoreline
protection
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The means taken,to reduce damage caused by erosion, accretion and flooding
must recognize the positive aspects of each, so that the benefits of these
natural occurrences will be retained, even as the problems are dealt with.
Valleys are caused by erosion over time during which a river establishes
ita drainageway. Erosion does not exist without accretion of material eroded,
be it a bench or a sandbar Likewise accretion cannot occur unless material
has been eroded. Floods may be reduced by structural means to prevent
flooding of specific areas Dams may reduce flooding over a larger area
Damage from floods can often be reduced simply by restricting the type of
development within a 100 year flood plain While floods produce damage it
it is the flood-borne silt which created the alluvial flood plain soils.
General Policies
1. Structural solutions to reduce shoreline damage should be allowed only
after it is demonstrated that non-structural solutions would not be able to
reduce the damage.
2. Planning of shoreline protection should encompass entire river systems
and/or sizeable stretches of lake or marine shorelines This planning should
consider off-site erosion accretion or flood damage that might occur as a
result of shoreline protection stretures or activities
3. Shoreline protection on marine and lake shorelines should not be used
as the reason for creating new or newly usable land
4. Shoreline protection struetures should allow passage of ground and surface
waters into the main water body.
5. Shoreline protection should not reduce the volume and storage capacity
of rivers and adjacent wetlands or flood plains
6. River shoreline protection should be planned, designed and constructed
to allow for channel migration whenever possible.
7. Whenever shoreline protection is needed natural berms and vegetation
should be favored over artificial means
8. The burden of proof for the need for shoreline protection to protect
existing or proposed developments rests on the applicant (s)
9. Shoreline protection activities which may necessitate new or increased
shoreline protection on the same or other affected properties where there
has been no previous need for protection, should be discouraged.
10. New development not shoreline dependent should be encouraged to
locate so as not to require shoreline protection
-39-
11. Urban areas requiring a stabilized land-water boundary may use
shoreline protection measures.
12. Areas of significance in the spawning, nesting, rearing or residency
of aquatic and terrestrial biota should be given special consideration in
reviewing of shoreline protection actions
13. Shoreline protection actions should be discouraged in areas where they
would block beach parent material.
14. Multiple use of shoreline protection structures or non-structural solutions
should be encouraged.
TRANSPORTATION FACILITIES
The circulation network use category, comprising transportation facilities
such as roads 1 railroads sirports bridges trails and related terminals,
accounts for only one percent of the total shoreline inventory of land uses
in King County2. However, the impact of those facilities on shorelines
has been substantial. Many of the existing facilities were constructed to
serve transportation needs of the moment with a minimum expenditure and
very little assessment of their primary or secondary imacts on shoreline
aesthetics, public access to the water and resultant effects on adjacent
properties and water quality Planning for new transportation facilities
within the shoreline area today requires a greater awareness of the
environmental impacts those transportation facilities will have on shorelines
in addition to the necessity for integrating future shoreline land use plans
with the transportation system that serves developments on the shoreline.
General Policies
1, Pedestrian access should be built where access to public shorelines is
desirable and has been cut off by linear transportation corridors New
linear facilities should enable pedestrian access to public shorelines where
access is desirable
2. New surface transportation facilities not related to and necessary for the
support of shoreline activities should be set back from the ordinary high
water mark far enough to make unnecessary protective measures such as rip
rap or other bank stabilization, landfill, bulkheads, groins, jetti.es or sub-
stantial site regrade.
3. Shoreline transportation facilities should be encouraged to include in
their design and development multi-modal provisions where public` safety
can be assured.
4. Shoreline transportation facilities should be planned to fit the topo�raphy�
to minimize cuts and fills and should be desi�ned, located and maintained
to minimize erosion and degradation of water quality and to give special
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con sideration to shoreline aesthetics
5. Transportation and utility facilities should be encouraged to coordinate
joint use of rights-of-way and to consolidate crossings of water bodies when
adverse impact to the shoreline can be minimized by doing so
6. Transportation facilities should avoid shoreline areas known to contain
development hazards (e.g. slide and slump areas� poor foundation soils,
marshes).
7. Transportation facilities should minimize shoreline rights-of-way by
orienting generally perpendicular to the shoreline where topographic con-
ditions will allow
8. Shoreline roadways should have a high priority for arterial beautification
funds.
9. Transportation facilities crossing 100 year flood plains should be constructed
on a low profile design so as not to serve as dikes or levees to flood waters
10. Water surface mass transit ehould be encouraged.
11. Abandoned road or railroad rights-of-way which contain unique shore-
line amenities should be acquired for public benefit
12. Roads should not be cantilevered over any streamway in King County if
there are feasible alternatives
13 King County should extend its trail and bicycle trail system particularly
as it relates to shorelines, to eastern King County.
14. All transportation facilities in shoreline areas should be constructed and
maintained to cause the least possible adverse impacts on the land and water
environments, should respect the natural characier of the shoreline, and
should make every effort to preserve wildlife, aquatic life and their habitats.
PIERS MOORAGES
A pier is a structure built over or floating upon the water extending from the
shore. Some are used as a landing place for marine transport or for recreational
1. Logging road standards and regulations are part of the "Forest Manage-
ment Practices" Use Activity
2. King County Summary Shoreline Inventory, December 1972.
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watercraft. Piers are designed and constructed as either water (floating) or
pile supported, both of which have positive and negative environmental aspects.
Floating piers generally have less of a visual impact than those on piling and
they provide excellent protection for swimmers from boat traffic Floating
piers, however, interrupt littoral drift an can starve down current beaches
where pile piers do not. Pile piers can provide a diverse habitat for marine
life and both types create impediments to boat traffic and near-shore trolling.
Pier construction requires regulation to protect navigation rights, to preserve
shoreline aesthetics and to maintain the usable water surface and aquatic lands
for life forms characteristic and important to those areas.
1. Open pile pier construetion should be preferred where there is significant
littoral drift, where scenic values will not be impaired and where minimal
alternation to the shoreline and minimal damage to aquatic resources can be
assured.
2. Floating pier construction should be preferred in those areas where scenic
values are high
3. Piers should be discouraged where conflicts with recreational boaters
and other recreational water activities woUld be created by pier construction.
4. The random proliferation of single purpose piers should be discouraged.
Preference should be given to shared use of piers in all shoreline areas.
5. Temporary moorages should be permitted for vessels used in the construc-
tion of shoreline facilities The design and construction of such moorages
shall be such that upon termination of the project the aquatic life can be
returned to their original condition within one year at no cost to the
environment or the public
6. Shoreline structures that are abandoned or structurally unsafe should be
abated.
7. Substantial additions or alterations including but not limited to substantial
developments should be in conformance with the policies and regulations set
forth in the Master Program
8. Piers on streamways under King County's jurisdiction should be limited
to piers for shoreline dependent uses and shoul�l only be located within
navigable segments of estuarine classified zones of those streamways
9. Piers, docks, bouys and other moorages should only be authorized after
consideration of:
a. The effect such structures have on wildlife and aquatic life, water
1 King County Shoreline Summary, December 1972
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quality scenic and aesthetic values unique and fragile areas,
submerged lands and shoreline vegetation.
b. The effect such structures have on navigation, water circulation.
recreational and commercial boating� sediment movement and
littoral drift and shoreline access.
10. The policies contained herein should be enforced through the applicable
chapter of the King County Code.
11. Moorage buoys should be preferred over floating and pile constructed
piers on all tidal waters
RECREATION
Recreational experiences that depend on or utilize the shoreline include:
harvesting activities of fish, shellfish, fowl, minerals and driftwood; various
forms of boating, swimming and shoreline pathways; watching or recording
activities, such as photography painting, or the viewing of water dependent
commercial industrial or port �Ct�i��ties Principal focal points are at parks
and access beaches, road ends, viewpoints, features of special interests,
water-access points and destination points for boaters Additional focal points
could be at commerical, industrial, and port-activity areas. Facilities at
these focal points may include fishing piers, swimming floats, paths, and
parking areas; boat ramps; moorings and marinas and accessorq recreational
facilities
The management of recreational land is determined by balancing the recreational
carrying capacity (or impact of the environment on people) and the ecological
carrying capacity (the impact of people on the environment) Measures to
accomplish this are by designation of areas for use-intensity, interpretation
and regulation. The use-intensity areas range from low development and low-
use intensity. to more refined and intensive development and high-use intensity.
These different recreational-use areas very generally coincide with the four
Emironments Natural, Conservancy, Rural and Urban. There are multiple
benefits derived from the park program; for example: recreational lands
contribute substantially to open space by conservation of land, preserving
historic aites, offering aesthetic relief and variety, contributing to a healthful,
environment and shaping and preserving the regional form In addition to
the provisions of recreational opportunities King County coordinates with
other governmental agencies, commercial and volunteer groups to provide
these opportunities for the public The policies are directed toward providing
an optimum variety of shoreline dependent and water oriented recreational
opportunities They are also directed at protecting health and safety by
separating incompatible activities and channeling them into their most appropriate
Environments
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General Policies
1. The development of recreational acquisition plans should give emphasis
to the acquisition of prime recreation lands prior to their being preempted for
other uses
2. In open spaces having an established sense of nature, improvements
should be limited to those that are necessary and unlikely to detract from the
primary values of the site
3. The siting of all developments should aim to enhance and protect the
area concerned.,
4. Structural forms should harmonize fhe topography, reinforce the use area,
minimize damage to natural resources, and support recreation with minimal
conflict
5. New buildings should be made sympathetic to the scale, form, and proportion
of older development, to promote harmony in the visual relationships and trans-
itions between new and older buildin�s
6. Whenever possible, natural materials should be used in developing shoreline
recreational areas
7. Artificial irrigation and fertilization should be restricted to high-intensity
use areas
8. Existing buildings that enhance the character of the shoreline should be
used for recreation where�er possible.
9. Underwater parks should be extensions of shoreline parks, or be created by
or enhanced by artificial reefs where natural conditions or aquatic life could
be observed minimally interfered with
10. Public recreational shoreline areas should serve as emergency havens
of refuge for boaters.
11. Physical and/or visual access to the water should use steep slopes, view
points from bluffs, stream valleys, and features of special interest, vv�here it
is possible to place pathways consistent with public safety without requiring
extensive flood or erosion protection
12. The acquisition of public easements to the shoreline through private or
quasi-public shorelines should be encouraged.
13. Existing public recreation shorelines should be restored where it is
possible to revegetate re-site roads and parking areas that are elose to the
-44-
shoreline, remove stream channelization and shoreline protection devices, when
the facility has either deteriorated or is inconsistent with the general goals of
this program
14. Prime fishing areas should be given priority for recreational use
15 Boating activities that increase shore erosion should be discouraged
16. Effective interpretation should be provided to raise the quality of visitor
experiences and to provide an understanding of the resource
RESIDENTIAL DEVELOPMENT
The developed shorelines in King County are currently more widely used for
residential purposes that for any other competing use. Mueh of the undeveloped
shoreline is privately-owned subdivided into small lots and zoned to permit
residential development
The pressure to develop additional shorelines for residential uses has con-
tinued to result in property subdivision and escalating waterfront land values.
ftesidential development of shorelines is accomplished in a variety of ways
from large plats and subdivisioti� ftl� tiiulti-family dwellings to single lot
development for recreational housing any of which, if poorly planned, can
culminate in the degradation of the shoreline environment and water resource
The Shoreline Management Act of 1971 specifically exempts "construction on
wetlanda by an owner lessee or contract purchaser of a single family
residence for his own use or the use of his family. from its permit require-
ments However, even though single family homes are not considered
substantial developments the intent of the Act has established the basis for
planning and regvlating them
General Policiea
1. Residential developments should be permitted only where there are
adequate proviaions for utilities, circulation, access� site leyout and building
design
2. The use of the planned unit development (PUD) concept should be
encouraged for residential developments within the shoreline area so that
all facets of the development can be examined at the time of initial application
3. Subdivisions should be deaigned at a level of density, site coverage
and occupancy compatible with the physical capabilities of the shoreline and
waterbody
4. Residential development plans submitted for approval should contain
provisions for protection of groundwater supplies erosion control. landscaping
and maintenance of the shoreline integrity
-45-
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5. ftesidential subdivisions should be designed so as to protect water quality
shoreline aesthetic characteristics vistas and normal public use of the water
6. Subdivisions should provide public pedestrian access to the shorelines
within the development in accordance with Public Aceess Element of this
Master Program
7. The established velocity quantity and quality of storm water discharge
should be considered in terms of the sensitiviry of the proposed receiving
environment The disposal mode selected should minimize changes 2n
infiltration, runoff and groundwater recharge.
8. Developers of recreational projects such as summer homes, cabins,
campgrounds and similar facilities should satisfactorily demonstrate:
(a) the suitability of the site to accommodate proposed development
without adversely affecting the shoreline environment and water
resource.
(b) adequate provisions for all necessary utilities including refuse
disposal,
(c) the compatibility of the development with adjacent properties
and surrounding land uses and
(d) that recreational oppartunity exists on the site and does nlot depend
on adjacent public land to furnish the activity.
9. Streets roadways and roadway easements whether publicly or privately
owned, within the boundaries of any waterfront parcel, should not be used
to compute lot area, lot dimensions, yards, open space or other required
conditions of land subdivision or development.
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GLOSSARY
Billboard A sign containing a message, commercial or other visual
communication unrelated to any use or activity on the property on which
the sign is located
Buffer Zone or Buffer Strip An area of land which (1) serves to reduce
the adverse impacts between land uses of different intensities or (2) serves
to separate or identify transitions between land uses of the same intensity
Campground An outdoor recreational facility or resort with permanent
camping sites or installations
Cull Defective or low grade timber
Designated Shorelines Shorelines and shorelines of statewide signi�cance.
Embankment Fill Slopes Fill slopes compacted by equipment.
End Haul The transportation of excess excavation material along the road
surface to construct a road of balanced design
Fetch The distance from one shore to the opposite shore measured perpen-
dicular to the shoreline
Forest Management The application of scientific economic and social
principles to the administration and working of a forest property for
specific objectives
Freestanding Sign A single or multiple-faced sign, supported from the
ground by one or more columns uprights or braces
Ground Water Table (Level) The upper surface of the underground zone
of saturation
Impervious Impenetrable, not allowing fluid flow.
Je� An artificial barrier used to change the natural littoral drift to
protect inlet entrances from clogging by excess sediment
Landin A place at whieh logs are assembled for transportation in loads
or rafts
Left Bank The left shore of a river or stream as determined by facing
downstream
Merchantable That portion of a tree or stand which can be marketed under
given economic conditions even if so situated as not to be immediately
accessible for logging.
Mulching The addition of materials (usually organic) to the land surface
to curtail erosion or to retain soil moisture
Multiple Use The combining of compatible uses within one development.
The major use or activity must be shoreline dependent. The major use
or activity must be in terms of both dollar value and commitment of land
Node A concentration of activity or development generally located at a
point along a route
Non-designated Shorelines -(a) those shorelines on streams, upstream of
a point where the mean annual flow is twenty (20) cubic feet per second
or less the wetlands associated with� such upstream segments; and (b)
shorelines on lakes less than twenty (20) acres in size and the wetlands
associated with such lakes
Regeneration The renewal of a tree crop whether by natural or
artificial means
Right Bank The right shore of a river or stream as determined by facing
downstream
Run-off That part of precipitation that flows over the land surface from
the area upon which it falls
Side Cast Slopes Slopes compacted by natural settling over time
Shorelands Lands bordering on the shores of a navigable lake or river
not subject to tidal flow, between the line or ordinary high water and the
line of navigability
Shoreline Dependent and Shoreline Dependent Uses All uses which
can only exist in a location where the land water interface pravides bio-
logical or physical conditions necessary for the use
Specific Gravity The weight per unit of a material by the weight per unit
of water. Materials with a specific gravigy less than 1.0 float on water.
Subdivision For the purpose of this Master Program subdivision means
the division of land into two or more lots tracts sites or divisions for
the purpose of sale, lease, transfer or development and shall include
all re-subdivision of land and planned unit developments
Stringer Bridge A bridge constructed of lengths of timber supporting a
number of small transverse members
Tidelands The beds and shores of navigable tidal waters lying between
the line of ordinary high tide and the line of extreme low tide
Tolerant of Human Activity Those areas that are not ecologically sensitive,
hazardous or scientifically significant.
Unique and Fragile Areas Those portions of the shoreline which (1)
contain or substantially contribute to the maintenance of endangered or
valuable forms of life; or (2) contain steep slopes, marshes or other
areas having unstable or potentially hazardous topographic geologic
or hydrologic features; or (3) have significant historical, cultural,
scientific or educational value
Water Barring Diverting surface water by a berm, ditch, log or other
diversion method away from an area.
Water Oriented Uses All uses which gain substantial benefit from the
proximity of water but are able to function independent of the water
environment
Yardin The operation of transporting timber from the cutting area to a
yard or landing
AT'i'At;Hiv1LNT .�S__IN+�
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I August 2, 197?
�r�����
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w�►
C�� F D R
OR.DINANCE NO.,
Introduced by: BEP.f J!''� T'�"N
.i� v I l.l
r�
36y�
AN ORDINANCE relating to Shoreline Management, adopting the
goals, objectives and policies of the Master Program as an
addendum to the Comprehensive Plan.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTIOri 1 PURPOSE. The purpose of this ordinance is to adopi the
goals, objectives and policies of King County's Shoreline Master Program, as
required by the Shoreline Management Act of 1971, RCW 90.58, for all areas
subj ect to the jurisdiction of King County The council finds that the master
program has been developed in a manner consistent with the provisions of the
Shoreline lYIanagement �ct, including 10 of the Act (RCW 90.58.100), and
the State Environmental Policy Act RCW 43 21C through the utilization of
county departments, other public agencies a Citizens Advisory Committee, the
Environmental Development Commission, other members of the public and all
available and relevant plans studies surveys and inventories The council
further finds that adequate public hearings on this ordinance have been held
after proper notice given and that the Department of Ecology has completed
review of the Master Program as required by RCW 90. 58.090 and has approved
the goals, policies and objectives of thF 1laster Program.
SECTION 2. ADOPTION. The policies, objectives and goals of the Shoreline
A�Ianagement Master Program, attached, are adopted as an addendum to the
Comprehensive Plan for King County As an addendum to the Comprehensive
Plan, such policy statements constj.tute the official policy of King County
regarding areas of the County subject to shoreline management jurisdiction.
5���'I�iV 3, ��V��B����'Y, If an� provzsion of this ordinanc� or t��
A�iaster Frogram hereby adopted or its application to any person or circumstances
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is declared unconsitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portions of this ordinance or .the Master
Program f
r�r
INTRODUCED AND READ for the first time this day
of 197�
i
PASSED this day of 197�.
KING COUNTY COUNCIL
KING COUNTY WASHINGTON
0
Chairman
ATTEST:
�Ll�l•�L �'I. .�t�-�... DEPUTY
Clerk ofrfh Council
i
APPROVED this day of -F-
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r
SHORELINE MANAGEMENT
I
Title 25
SHORELINE MANAGEMENT
Chapters:
25.04 Purpose T3tle Scope
25.08 Definitions
25.12 Environment Desigaations
25.16 Urban Environment
25.20 Rural Environment
25.24 Conservancy Environment
25.28 Natural Environment
25.32 Procedures
�fo
CROSS-REFERENCE:
For provisions regarding nondelinquent property tax certification, see Ch.
4.68 of this code.
1012
(King County 12-87)
PURPOSE TITLE SCOPE
Chapter 25.04
PURPUSE TITLE SCOPE
Sections:
25. 04. O10
25.04.020
25.04.030
25.04."040
25.04.050
25.04.060
25.04.010 25.04.050
Purpose.
Citation.
Scope.
Liberal construction.
Relationship to other Ring County programs.
Severability.
25.04.010 Purpose. The purpose of this title is to implement the
Shoreline Management Act of 19 71 and to provide for the regulation of
development which impacts those areas of King County under the jurisdiction of
the Shoreline Management Act consistent with the policies of Section 2 of that
act, WAC 173-16 and the goals, policies and objectives of the King County
shoreline management master program.
This title contains the regulations of King County's shoreline management
master program and the procedures to implement those regulations. These
regulations and procedures are consistent with and implement the goals,
policies and objectives of King County's shoreline management master program
which are contained in a separate document and adopted by ordinance. (Ord.
3688 101, 1978).
25.04.020 Citation. 2"his title shall be known as the shoreline management
code. (Ord. 3688 102, 1978).
25.04.030 Scope. A. No development shall be undertaken by any person on
the shorelines of the state unless such development is consistent with the
provisions of this title and the goals, policies and objectives of the master
pro gram.
B. Development prohibited by this title but otherwise permitted by King
County land use controls is prohibited only within the shorelines of the state.
C. Development proposed on property adjacent to water bodies or wetlands
under the jurisdiction of the Shoreline Management Act shall be evaluated in
terms of the goals, policies and objectives of the master program. (Ord. 3688
103, 1978).
25.04.040 Liberal constraction. This title is exempted from the rule of
strict construction and shall be liberally construed to give full effect to
the objectives and puzposes for which it was enacted. (Ord. 3688 104, 1978).
25.04.050 RelationsLip to other lting Couaty progra=s. King County shall
issue no permit prior to approval pursuant to this title nor take no action
contrary to the goals, policies, objectives and regulations of the Ki ng County
shoreline management master program when property under the jurisdiction of
the Shoreline Management Act is involved in a request for a decision in any of
the following programs:
A. Building permit;
B. Right-of-way construction permit;
C. Short subdivision;
D. Grading permit;
E. Site plan approval;
1013 (King County 12-81)
25.04.060 SHORELINE MANAGII�IENT
F. Access permit;
G. Trail perniit;
H. State flood control zone perntit;
I. Zoning variance;
J. Conditional use pernmit;
K. Comprehensive plan amendment or addition;
L. Zone reclassification=
M. Unclassified use permitj
N. Planned unit development approval;
O. Subdivision approval.
P. Mobile home park permit;
Q. Mobile home permit;
R. Recreational vehicle park permit. (Ord. 5317 17, 1981: Ord. 3688
105, 1978).
25.04.060 Severabilitp. If any provision of this title or the master
program regulations and procedures hereby adopted or its application to any
person or circumstance is declared unconstitutional or invalid for any reason,
such decision shall not affect the validity of the remaining portions of this
title or the master program. (Ord. 3688 106, 1978).
Chapter 25.08
DEFINITIONS
Sections:
25.08.010 Applicability of RCW and WAC definitions.
25.08.020 Access.
25.08.030 Aquatic resource practices.
25.08.040 Average grade level.
25.08.050 Backfill.
25.08.060 Backshore.
25.08.070 Beach feeding.
25.08.080 Berm.
25.08.090 Breakwater.
25.08.100 Bulkhead.
25.08.110 Class I beach.
25.08.120 Class 2I beach.
25.08.130 Class III beach.
25.08.140 Clearcut logging or clearcutting.
25.08.150 Department.
25.08.160 Development.
25.08.170 Director.
25.08.175 Dredging.
25.08.180 Earth material.
25.08.185 �d Haul Construction.
25.08.190 Environment.
25.0�.200 ESccavation.
25.08.210 Float.
25.08.220 Floating home.
25.08.230 Groin.
25.08.240 Height.
25.08.250 Jetty.
25.08.260 Landfill.
25.08.270 Littoral drift.
(King County 12-81) 1014
DEFINITIONS
25.OB.280
25.08.285
25.08.290
25.08.300
25.08.310
25.08.320
25.08.330
25.08.340
25.08.350
25.08.360
25.08.370
25.08.380
25.08.390
25.08.400
25.08.410
25.08.420
25.08.430
25.08.440
25.08.450
25.08.460
25.08.470
25.08.480
25.08.490
25.08.500
25.08.510
25.08.520
25.0�.530
25.08.540
25.08.550
25.08.560
25.08.565
25.08.570
25.08.580
25.08.590
25.08.600
25.08.610
25.08.010 25.08.030
Lot.
Manager.
Master program.
Natural hatchery.
Nonconforming use or development.
Nonwater related use.
Normal protective bulkhead common to single-family residences.
Open space, required.
Ordinary high water mark.
Person.
Pier.
Port.
Recreational developraent.
Redesignation.
Regeneration.
Residential development.
Riprap.
Sediment.
Selective cutting.
Shoreline management conditional use.
Shoreline management variance.
Shoreline protection.
Shorelines.
Shoreline setback.
Shorelines of statewide significance.
Shorelines of the state.
Side cast slopes.
Sign.
Slash.
Solid waste.
Stringer Bridge.
Substantial development.
Utilities.
Water dependent use.
Water related use.
Wetlands.
25.08.010 Applicability of RCW and WAC definitions. Unless otherwise
defined in this chapter, the definitions contained in title 21 (the zoning
code), RCW Chapter 90.58 and WAC 173-14 shall apply. (Ord. 3688 Ch. 2(part),
1978).
25.08.020 Acceas. A. Public Access. "Public access" means actual
unobstructed access available to the general public from land to the ordinary
high water mark or to the wetland directly abutting the ordinary high water
mark.
B. Limited Public Access. "Limited public access" means:
1. Actual physical access from land to the ordinary high water mark or
to the wetland directly abutting the ordinary high water mark, such access
being limited to specific groups of people or to certain regularly prescribed
times; or
2. Visual access available�to the general public to the shoreline and
adjacent waterbody, such access being
development of the site. (Ord. 3688 S 201,
25.08.030 Aquatic resource practices.
1015
specifically provided for in the
1978)
"Aquatic resource practices" means
(King County 9-83)
a
a
25.08.030 25.08.100 SHORELINE MANAGEMENT
the culture or farming of fin fish, shellfish, algae or other plants or
animals in fresh or marine waters.
Excluded from the definition of aquatic resource practices are related
commercial or industrial uses such as wholesale or retail sales; or final
processing, packing, or freezing. (Ord. 6511 S l, 1983: Ord. 4222 S 1, 1979:
0=d. 3688 202, 1978).
25.08.040 Averaqe grade level. "Average grade level" means the average of
the natural or existing topography at the center of all exterior walls of a
building or structure to be placed on a site; provided, that in the case of
structures to be built over water, average grade level shall be the elevation
of ordinary high water. (Ord. 3688 g 203, 1978).
25.08.050 Backfill. "Backfill" means the placement of earth material
behind a retaining wall or structure. (Ord. 3688 S 204, 1978).
25.08.060 Backshore. "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. (Ord. 3688 S 205, 1978).
25.08.070 Beach feeding. "Beach feeding" means landfill deposited on land
or in the water to be distributed by natural water processes for the purpose
of supplementing beach material. (Ord. 3688 S 206, 1978).
25.08.080 Berm. "Berm" means one or several linear mounds of sand and
gravel generally paralleling the shore at or landward of the ordinary high
water mark which are normally stable because of material size or vegetation.
(Ord. 3688 S 207, 1978).
25.08.090 Breakwater. "Breakwater" means an off-shore structure either
floating or not which may or may not be connected to the shore, such structure
being designated to absorb and/or reflect back into the water body the energy
of the waves. (Ord. 3688 S 208, 1978).
25.08.100 Bulkhead. "Bulkhead" means a solid or open pile wall of rock,
concrete, steel or timber or other materials or a combination of these
materials erected generally parallel to and near the ordinary high water mark
for the purpose of protecting adjacent wetlands and uplands from waves or
currents. (Ord. 3688 S 209, 1978).
(King County 9-83) 1016
DEFINITIONS 25.08.110 25.08.150
25.08.110 Class I beach. "Class I beach" means a beach or shore having
dependable, geologically fully developed, and normally dry backshore above
high tide. (Ord. 3688 S 210, 1978).
25.08.120 Class II beach. "Class II beach" means a beach or shore having
only marginally, geologically partially developed and not dependably dry
backshore above high tide. (Ord. 3688 S 211, 1978).
25.08.130 Clasa III beach. "Class III beach" means' a beach or ehore
having no dry backshore available at high tide. (Ord. 3688 S 212, 1978).
25.08.140 Clearcut logging or clearcutting. "Clearcut logging" or
"clearcutting" means the removal of the entire merchantable timber stand from
an area. (Ord. 3688 S 213, 1978).
25.08.150 Department. "Department" means the Department of Planning and
Community Development. (Ord. 3688 S 214, 1978).
1016-1 (Ring County 9-83)
0
DEFINITIONS 25.08.160 25.08.280
25.08.160 Develop■ent. "Development" means any development as defined in
RCW C,hapter 90.58 as now or hereafter amended. (Ord. 3688 215, 1978).
25.08.170 Director. "Director" means the director of the Department of
Planning and Community Development or his authorized designee. (Ord. 3688
216, 19 78).
25.08.175 Dredging. "Dredging" is the removal, displacement, and/or
disposal of unconsolidated earth material such as sand, silt, gravel, or other
submerged materials, from the bottom of water bodies, ditches, or natural
wetlands; maintenance dredging and/or support activities are included in this
definition. (Ord. 5734 1, 1981).
25.08.180 Earth material. "Earth material" is rock, natural soil or
combination thereof. (Ord. 3688 217, 1978).
25.08.185 E�d haul constrnction. "Ehd haul construction" means the
transportation of excess excavation material along the road surface to
construct a road of balanced volumes of cut and f ill. (Ord. 5734 1, 1981).
25.08.190 Environment. "Fhvironment" or "master program environment" or
"shoreline environment" means the categories of shorelines of the state
established by the King County shoreline management master program to
differentiate between areas whose features imply differing objectives
regarding their use and future development. (Ord. 3688 218, 1978).
25.08.200 Excavation. "F�ccavation" means the artificial movement of earth
material. (Ord. 3688 219, 1978).
25.08.210 Float. "Float" means a structure or device which is not a
breakwater and which is moored, anchored, or otherwise secured in the waters
of King County and which is not connected to the shoreline. (Ord. 3688 220,
1978).
25.08.220 Floating ha�e. "Floating home" means a houseboat, boat or
building constructed on a float, used in whole or in part for human habitation
as a dwelling unit, and which is moored, anchored, or otherwise secured in
waters within unincorporated King County. (Ord. 3688 221, 1978).
25.08.230 Groin. "Groin" means a barrier type structure extending from
the backshore into the water across the beach. Z'he purpose of a groin is to
interrupt sediment movement along the shore. (Ord. 3688 222, 1978).
25.08.240 Heiqht. "Height" shall be measured from average grade level to
the highest point of a structure; provided, that appurtenances such as
television antennas and chimneys shall not be used in calculating height.
(Ord. 3688 223, 1978).
25.08.250 Jetty. "Jetty" means a artificial barrier used to change the
natural littoral drift to protect inlet entrances from clogqing by excess
sediment. (Ord. 3688 224, 1978).
25.08.260 Landfill. "Landfill" is the placement of earth material by
1017 (King County 12-81)
SHORELINE MANAGIIrSENT
artificial means. (Ord. 3688 225, 1978).
25.08.260 25.08.280
25.08.270 Littozal drift. "Littoral drift" means the natural movement of
sediment along marine or lake shorelines by wave breaker action in response to
prevailing winds. (Ord. 3688 226, 1978).
25.08.280 Lot. "Lot" means a legal building site th�t is described by
reference to a recorded plat, by metes and bounds, or by se'�ction, township and
range which has direct legal access to a street or has acce�ss to a street over
an easement approved by the county, provided that an ¢wner of all or a
contiguous portion of a plat which has been vacated consist�nt with the
25.08.280 25.08.380 SHORELINE MANAGEMENT
provisions of state law shall have only one lot within the meaning of this
title. (Ord. 3688 227, 1978).
25.08.285 Manaqer. "Manager" means the manager of the Building and Land
Development Division or his authorized desiqnee. (Ord. 5734 l, 1981).
25.08.290 Master progra�. "Master program" means the comprehensive
shoreline use plan for King County consisting of:
A. The use regulations and procedures contained in this title; and
B. The goals, objectives and policies of the King' County shoreline
management master program which are contained in a separate document and
adopted by ordinance. (Ord. 3688 228, 1978).
25.08.300 Natural�hatchesy. "Natural hatchery" means a facility for the
rearing and/or holding of fish, the design of which is compatible with the
natural environment and contains minimal development necessary for fish
propagation. (Ord. 4222 2, 1979).
25.08.310 Nonconforminq use or development. "Nonconforming use or
development" means those uses and structures that have been lawfully
established or constructed prior to November 22, 1976, which no longer conform
to the applicable regulations of the master program. (Ord. 3688 229, 1978).
25.08.320 Ponwater related use. "Nonwater related use" means a use which
is neither water dep�nSent r}or water related. (Ord. 3688 230, 1978).
25.08.330 Nozmal protective bulkhead common to single-family residences.
"Normal protective bulkhead common to single-family residences" means a
bulkhead constructed on a building site zoned to permit one single-f amily
residence and containing one single-family residence. (Ord. 3688 231, 1978).
25.08.340 Open space, reqnired. "Required open space" means a portion of
the area of a building site, which is required by this title, as set forth in
different designations contained in this title, to be maintained as open area
to be available for use by the persons specified in a development. Open
spaces are required to be free and clear of buildings and structures and to
remain open and unobstructed from the ground to the sky. (Ord. 3688 232,
1978).
25.08.350 Ordinary high water mark. "Ordinazy high water mark" means the
ordinary hi gh water mark as defined in RCW 90.58 as now or hereafter amended.
(Ord. 3688 233, 1978)
25.08.360 Ferson. "Person" means an individual, partnership, corporation,
association, organization, cooperative, public or municipal corporation, or
agency of any governmental unit however designated. (Ord. 3688 235, 1978).
25.08.370 Pier. "Pier" or "dock" means a structure built in or over or
floating upon the water extending from the shore, which may be used as a
landing place for marine transport or for air or water craft or recreational
activities. (Ord. 3688 234, 1978).
25.08.380 Port. "Port" means a terminal facility where general and/or
bulk cargos are stored and/or transferred from land carriers to water carriers
or vice versa. (Ord. 3688 236, 1978).
King C:ounty 12-81) 1018
DEFINITIONS 25.08.390 25.08.490
25.08.390 Recreational develop�ent. "Recreational development" means a
private or public development operated and devoted to facilities and equipment
for,recreational purposes, including but not limited to swimming pools, tennis
courts, playgrounds, picnic areas, campgrounds, resorts and other similar uses
whether the use of such area is limited to those paying a fee or free to the
public. (Ord. 3688 238, 1978).
25.08.400 Redesiqnation. "Redesignation" means a change in the shoreline
environment designation by the procedures provided in Chapter 25.32 of this
title. (Ord. 3688 237, 1978).
25.08.410 Regeneration. "Regeneration" means the renewal of a tree crop,
whether by natural or artificial means. (Ord. 3688 239, 1978).
25.08.420 Residential dev�elopaent. A. Residential Development,
Single-family. "Single-family residential development" or "single-family
development" means development consisting of one or more one-f amily dwellings.
B. Residential Development, Multifamily. "Multifamily residential
development" or "multifamily development" means development consisting of one
or more two-family dwellings and/or multiple dwellings. (Ord. 3688 240,
1978)
25.08.430 Riprap. "Riprap" means hard angular quarry rock used for
revetments or other bank stablization projects. (Ord. 3688 241, 1978).
25.08.440 Sedi�ent. "Sediment" is material settled from suspension in a
liquid medium. (Ord. 3688 242, 1978).
25.08.450 Selective cutti*�. "Selective cutting" means the removal of
certain trees selected for cutting so as not to interfere with the growth and
development of the remaining trees. (Ord. 3688 243, 19 78).
25.08.460 Shoreline manaqement conditional use. "Shoreline management
conditional use" or "shoreline conditional use" means a use specifically
designated as a shoreline conditional use in the shoreline management master
program. (Ord. 3688 247, 1978).
25.08.470 Shoreline manag�ent variaace. "Shoreline management variance"
means an adjustment in the application of the regulations of the shoreline
management master program consistent with WAC 173-14. (Ord. 3688 248, 1978).
25.08.480 Shoreline protection. "Shoreline protection" means a structure
or device, including but not limited to breakwaters, bulkheads, jetties,
groins and riprap, which is placed so as to prevent erosion or to alter the
normal currents, wave actions or other natural forces or actions of a
waterbody. (Ord. 3688 251, 1978).
25.08.490 Shorelines. "Shorelines" means all of the water areas within
the unincorporated portion of King County, including reservoirs, and their
associated wetlands together with the lands underlying them; except:
A. Shorelines on segments of streams upstream of a point where the mean
annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments;
B. Shorelines on lakes less than twenty acres in size and wetlands
1019 (King County 12-81)
I
25.08.490 25.08.600 SHORELINE MANAGEMENT
associated with such lakes. (Ord. 3688 246, 1978).
25.08.500 Shoreline setback. "Shoreline setback" means a required open
space measured horizontally upland from and pezpendicular to the ordinary high
water mark, or a required open space along shorelines which are steep slopes,
slide areas or floodplains. (Ord. 3688 252, 1978).
25.OB.510 Shorelines of statewide siqnificance. "Shorelines of statewide
significance" means those shorelines described in RCW 90.58.030(2)(e) which
are within the unincorporated portion of King County. (Ord. 3688 249, 1978).
25.08.520 Shorelines of the state. "Shorelines of the state" are total
of all "shorelines" and "shorelines of statewide significance" within
unincorporated King County. (Ord. 3688 250, 1978).
25.08.530 Side cast slopes. "Side cast slopes" means alopes of landfill
compacted by natural settling over time. (Ord. 3688 244, 1978).
25.08.540 Sign. "Sign" means any letters, f igures, design, symbol, light,
structure, billboard, trademark or device intended or used to attract
attention to any activity, service, place, subject, person, firm, corporation,
public performance, article, machine, merchandise or thing. Excluded from
definition and requlation by this title are official traffic signs or signals,
official public notices, signs required by law, warning signs, the flag of a
government or noncommercial institution such as schools and temporary signs
worn or carried by people. (Ord. 3688 245, 1978).
25.08.550 Slash. "Slash" means. the branches, bark, tops, chunks, cull
logs, uprooted stumps and broken or uprooted trees which remain on the ground
after logging. (Ord. 3688 253, 1978).
25.08.560 Solid waste. "Solid waste" means all putrescible and
nonputrescible solid and semisolid wastes including but not limited to
garbage, rubbish, ashes, industrial wastes, swill, demolition and construction
wastes, abandoned vehicles or parts thereof and discarded commodities. (Ord.
3688 254, 1978)
25.08.565 Stringer bridge. A"stringer bridge" is a bridge constructed
of lengths of timber supporting a number of smaller transverse members. (Ord.
5734 1, 1981).
25.08.570 Substantial developoent. "Substantial development" means any
development which requires a shoreline management substantial development
permit, as defined in RCW 90.58.030(3)(e) as now or hereafter amended. (Ord.
3688 255, 1978).
25.08.580 IJtilities. "Utilities" are all lines and facilities related to
the distribution, collection, transmission or disposal of water, storm and
sanitary sewage, oil, gas, power or refuse. (Ord. 3688 256, 1978).
25.08.590 Water dependent use. "Water dependent use" or "water dependent
development" means a principal use which can only exist where the landwater
interface provides biological or physical conditions necessary for the use.
(Ord. 3688 257, 1978).
25.08.600 Water related use. "Water related use" or "water related
(King County 12-81) 1020
I
DEFINITIONS 25.08.600
25.08.600 Water related use. "Water related use" or "water related
development" means a principal use which is not intrinsically dependent on a
location abutting the ordinazy high water mark but which:
1020-1 (King County li-$1)
DEFINITIONS 25.08.600 25.12.030
A. Promotes the public's enjoyment of or access to the water; or
B. Gains a cost savings or revenue-differentiating advantage, which is
not associated with land rents or costs, from being located within the
shorelines of the state that could not be obtained at an upland location;
such uses include but are not limited to residential development, boat sales
or restaurants. (Ord. 3688 258, 1978).
25.08.610 Wetlands. "Wetland," "associated wetlands" or "wetland areas
means those lands extending landward for two hundred feet in all directions as
measured on a horizontal plane from the ordinary high water mark; and all
marshes, bogs, swamps, floodways, river deltas, and the entire
one-hundred-year floodplains associated with the streams, lakes and tidal
waters which are subject to the provisions of this title; the same to be
designated as to location by the Washington State Department of Ecology.
Floodplains shall not include those areas which are effectively protected from
the one-hundred-year flood by authorized flood control devices or other legal
improvements. (Ord. 3688 259, 1978).
Chapter 25.12
ENVIRONII�IENT DFSIGNATIONS
Sections:
25.12.010
25.12.020
25.12.030
25.12.040
25.12.050
Purpose.
Names of environment designations.
Limits of environment designations.
Establishment of designations.
Location of boundaries.
25.12.010 Purpose. The purpose of these designations is to differentiate
between areas whose geographical, hydrological, topographical or other
features imply differing objectives regarding the use and future development
of the shorelines of the state.
Each environment designation represents a particular emphasis in the type
of uses and the extent of development which should occur within it. The
environmental designation system is designed to encourage uses in each
environment which 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. (Ord. 3688 301, 1978).
25.12.020 Names of environment designations.
purpose of this title, environmental designations
known as follows:
A. Natural environment;
B. Conservancy envzronment;
C. Rural environment;
D. Urban environment.
(Ord. 3688 302, 1978).
In order to accomplish the
have been established to be
25.12.030 Limits of environment designations. Each environment designation
shall consist of:
A. The entire water body from its centerline or point, including all
1021
s
25.12.030 25.12.050 SHORELINE MANAGEMENT
water below the surface;
B. The associated wetlands, provided, in those cases where a floodplain
or other severe biophysical limitation to development does not cover the
entire associated wetland, one environment designation may be placed on the
floodplain portion of the wetland or the portion of the wetland with severe
biophysical limitations and another on the remaining portion of the wetland;
C. In shoreline areas where severe biophysical constraints such as
floodplains, steep slopes, slide hazard areas and/or marshes, bogs or swamps
do not cover the entire associated wetland, proposed development in the
remaining area may be permitted consistent with the character of the
surrounding land use, the physical capabilities of the associated wetland and
applicable county land use plans and policies. (Ord. 3688 303, 1978).
25.12.040 Establishment of designations.
A. The written descriptions of the boundaries of the shoreline environment
designations as adopted by ordinance in the possession of the department shall
constitute the official legal descriptions of the boundaries of those
environment designations.
B. The official maps prepared pursuant to WAC 173-22 in the possession of
the department shall constitute the official descriptions of the limits of all
wetlands in King County as defined by RCW 90.58.030 and Chapter 15.08 of this
title.
C. The department may, from time to time as new or improved information
becomes available, modify the official maps described in subsection B. of this
section consistent with state guidelines to more accurately represent or
clarify or interpret the true limits of the wetlands defined herein. (Ord.
3688 304, 1978).
25.12.050 Locatian of boundaries. A. Boundaries indicated as following
streets, highways, roads and bcidges shall be deemed to follow the centerline
of such facilities unless otherwise specified.
B. 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.
C. 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 two
hundred feet up the tributary.
D. In case of uncertainty as to a wetland or environment boundary, the
director shall determine its exact location pursuant to the criteria of WAC
173-22-055 and RCW 90.58.030 and the provisions of this chapter. (Ord. 3688 S
305, 1978).
Chapter 25.16
URBAN ENVIRONMENT
Sections:
25.16.010
25.16.020
25.16.030
25.16.040
25.16.050
Purpose.
Designation criteria.
General requirements.
Agricultural practices.
Aquatic resource practices.
1022
URBAN ENVIRONMENT 25.16.010 25.16.030
25.16.060 Forest management practices.
25.16.070 Commercial development.
25.16.080 Signs.
25.16.090 Residential development-Multifamily.
25.16.100 Residential development-Single-family.
25.16.110 Residential development-Accessory structures.
25.16.120 Residential development-Piers, moorage, or launching
facilities-Conditions.
25.16.130 Residential development-Piers, moorage, or launching
facilities-Accessory to multifamily development.
25.16.140 Residential development-Piers, moorage, and launching
facilities-Accessory to single-family residence.
25.16.150 Subdivisions.
25.16.160 Utilities.
25.16.170 Industrial development.
25.16.180 Shoreline protection.
25.16.190 Filling and excavation.
25.16.200 Recreation.
25.16.010 Purpose. The purpose of designating the urban environment is
to ensure optimum utilization of the shorelines of the state within urbanized
areas by permitting intensive use and by managing development so that it
enhances and maintains the shorelines of the state for a multiplicity of urban
uses. The urban environment is designed to reflect a policy of fncreasing
utilization and efficiency of urban areas, to promote a more intense level of
use through redevelopment of areas now under-utilized and to encourage
mulitple use of the shorelines of the state if the major use is water
dependent or water related while at the same time safeguarding the quality of
the environment. (Ord. 3688 401, 1978).
25.16.020 Designation criteria. Designation criteria for the urban
environment shall be:
A. Shorelines of the state used or designated for high intensity
commercial, industrial, or recreational use;
B. Shorelines of the state of lower intensity use, where surrounding land
use is urban and urban services are available;
C. Shorelines of the state used or designated for multifamily residential
development;
D. Shorelines of the state used for port activities;
E. Shorelines of the state developed for residential purposes and where
surrounding land use is urban and urban services are available;
F. Shorelines of the state to be designated urban environment shall not
have biophysical limitations to development such as floodplains, steep slopes,
slide hazard areas and/or marshes, bogs or swamps. (Ord. 3688 402, 1978).
25.16.030 General requirements. A. Nonwater related development and
residential development shall not be permitted waterward of the ordinary high
water mark.
B. Except in those cases when the height requirements of the underlying
zones are more restrictive, no structure shall exceed a height of thirty-five
feet above average grade level. This requirement may be modified if the view
of a substantial number of residences will not be obstructed, if permitted by
the applicable provisions of the underlying zoning, and if the proposed
development is agricultural, water related or water dependent.
1023
25.16.030 25.16.050 SHORELINE MANAGEMENT
C. All development shall be required to provide adequate surface water
retention and sedimentation facilities during the construction period.
D. Development shall maintain the first fifty feet of property abutting a
natural environment as required open space.
E. Parking facilities except parking facilities associated with detached
single-family and agricultural development shall conform to the following
minimum conditions:
1. Parking areas serving a water related or a nonwater related use must
be located beneath or upland of the development which the parking area serves.
2. Any outdoor parking area perimeter, excluding entrances and exits,
must be maintained as a planting area with a minimum width of five feet.
3. One live tree with a minimum height of four feet shall be required
for each thirty linear feet of planting area.
4. One live shrub of one-gallon container size or larger for each sixty-
linear inches of planting area shall be required.
5. 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.
F. 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 or adjacent properties.
G. The regulations of this chapter have been categorized in a number of
sections; regardless of the categorization of the various regulations, all
development must comply with all applicable regulations.
H. Development proposed in shorelines of the state shall maintain
setbacks, provide easements or otherwise develop the site to permit a trail to
be constructed or public access to continue where:
1. There is a proposed trail in the King County trail system; or
2. Part of the site is presently being used and has historically been
used for public access.
a. Along shorelines of the state on Lake Sammamish, no building shall
be placed on lands below thixty-two and one-half feet mean sea level. (Ord.
3688 403, 1978).
25.16.040 Agricultural practices. Agricultural practices may be
permitted in the urban environment, subject to the general requirements
(Section 25.16.030) of this chapter, provided:
A. The agricultural activity is permitted �in the underlying zone
classification;
B. Any barn, shed or other structure constructed in conjunction with the
permitted agricultural activity shall not be constructed within the floodwayf
C. Agricultural activity along shorelines of the state shall conform to
the best management practices developed pursuant to the Federal Water
Pollution Control Act of 1972 and adopted by the King County Soil Conservation
District.
D. Lagoons, ponds or other waste retention facilities shall be subject to
the same standard as described in subsection B. above. (Ord. 3688 404.
1978)
25.16.050 Aquatic resource practices. Aquatic resource practices may be
permitted in the urban environment subject to the general requirements
(Section 25.16.030) of this chapter, provided:
A. Any structure placed waterward of the ordinary high water mark shall
be placed so as not to:
1024
URBAN ENVIRONMENT 25.16.050 25.16.070
1. Be�a significant hazard to navigation;
2. Cause significant damage to neighboring properties;
3. Be a significant hazard to divers who may frequent the area.
B. Any byproducts of the aquatic resources facility which are discharged
into the water shall not degrade the quality of the recipient waterbody.
C. Aquatic resource operations shall not be permitted on Class I beaches
except that such operations for the exclusive use and enjoyment of the
adjacent upland residential property owner or lessee may be permitted.
D. Aquatic resource facilities shall be installed with minimum
disturbance to banks and channels and shall not cause extensive erosion or
accretion along adjacent shorelines.
E. The commercial mechanical harvesting of shellfish may be permitted,
provided:
1. Such harvesting will not materially damage other commonly harvested
aquatic life;
2. The harvest site is rehabilitated within seven days of the harvest
operation;
3. The harvest operation will not materially damage any significant
wildlife habitat or recreation site. (Ord. 6511 S 2, 1983: Ord. 3688 S 405,
1978).
25.16.060 Forest management practices. Forest management practices are
not permitted in the urban environment. (Ord. 3688 406, 1978).
25.16.070 Commercial development. Commercial development may be
permitted in the urban environment subject to the general requirements
(Section 25.16.030) of this chapter, and provided:
A. The commercial activity is permitted in the underlying zone
classification.
B. Uses which may be permitted in a business or commercial zone
classification but which in fact primarily involve the manufacture or
remanufacture of products including but not limited to:
l. Boat building;
2. Electric or neon sign manufacturing;
3. Machine shops;
4. Tire rebuilding, recapping and retreading;
shall be governed by the industrial development sections of this title.
C. Water dependent commercial development shall not be required to
maintain a shoreline setback.
1025 (King County 9-83)
URBAN ENVIORNMENT 25.16.070
D. Water related commercial development shall maintain a shoreline
setback of either twenty feet from the ordinary high water mark or ten feet
from the edge of the floodway, whichever is greater. This shoreline setback
may be reduced either to ten feet from the ordinary high water mark or to the
edge of the floodway, whichever is greater, if the water related development
provides limited public access or public access.
E. Nonwater related commercial development shall maintain a shoreline
setback of either fi�ty feet from the ordinary high water mark or twenty feet
from the edge of the floodway, whichever is greater. This shoreline setback
may be reduced either to twenty feet from the ordinary high water mark or to
ten feet from the edge of the floodway, whichever is greater, if the nonwater
related development provides limited public access. This shoreline setback
may be reduced either to ten feet from the ordinary high water mark or to the
edge of the floodway, whichever is greater, if the nonwater related
development provides publ3c access.
F. Piers, moorages, floats and launching facilities may be permitted
accessory to commercial development, provided:
1. The structure will serve a water dependent or water related use;
2. The structure does not constitute a hazard to navigation. (Ord.
1025-1 (King County 9-83)
25.16.070 25.16.100 SHORELINE MANAGEMENT
3688 S 407, 1978).
25.16.080 Signs. Signs may be permitted in the urban environment subjecE
to the provisions of the underlying zoning, provided:
A. No sign which is not constructed parallel to and flush against the
side of a building shall be permitted which is more than seventy-two inches in
height as measured from the average grade level.
B. Signs painted upon or constructed parallel to and flush against the
side of a building ahall not extend beyond the wall or above the roof line
against which they are constructed.
C. Signs shall be stationary, nonblinking and nonrevolving.
D. Signs shall have no auxilliary projections or attachments.
E. Signs shall not be erected nor maintained upon trees, or drawn or
painted upon rocks or other natural features.
F. Artificial lighting of signs shall be directed away from adjacent
properties and the water.
G. Signs waterward of the ordinary high water mark shall be permitted
only to the extent necessary for the operation of a permitted overwater
development provided no such sign shall be larger than five square feet.
(Ord. 3688,5 408, 1978).
25.16.090 Residential development Multifamily. Multifamily residential
development may be permitted in the urban environment subject to the general
requirements of K.C.C. 25.16.030, provided:
A. Multifamily development is permitted in the underlying zone;
B. Multifamily residential development shall not be permitted waterward
of the ordinary high water mark;
C. Setbacks. Multifamily residential development shall maintain a
minimum setback of fifty feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river
or stream falls within the floodway, the development shall be required to
locate past the upland edge of the floodway,
2. If development is proposed on shorelines, including one or more
sensitive areas, as defined in K.C.C. 21.04, such development shall be done in
accordance with regulations and procedures set forth in K.C.C. 21.54.150
21.54.190. (Ord. 5734 S 2, 1981: Ord. 3688 S 409(1), 1978).
25.16.100 Residential development Sinqle-family. Single-family
residential development may be permitted in the urban environment subject to
the general requirements of K.C.C. 25.16.030, provided:
A. Single-family development is permitted in the underlying zone
classification;
B. Single-family development, including floating homes, shall not be
permitted waterward of the ordinary high water mark;
C. Setbacks. Single-family residential development shall maintain a
minimum setback of twenty feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river
or stream falls within the floodway, the development shall be required to
locate past the upland edge of the floodway,
2. If development is proposed on shorelines, including one or more
sensitive areas, as defined in K.C.C. 21.04, such development shall be done in
accordance with regulations and procedures set forth in K.C.C. 21.54.150
through 21.54.190,
D. A farmhouse permitted under K.C.C. 21.54.060 shall be exempt from the
setback requirements of this section. (Ord. 5734 S 3, 1981: Ord. 5061 S 4,
(King County 9-83) 1026
URBAN ENVIRONMENT 25.16.100 25.16.110
1980: Ord. 3688 409(2), 1978).
25.16.110 Residential develap�ent Bccessozy stractures. Accessory
structures to the residence may be placed within the required shoreline
setback, provided:
A. No accessory structure, except swimming pools, shall cover aiore than
one hundred fifty square feet;
B. No accessoxy structure shall obstruct the view of the neighboring
properties
1026-1 (Kinq County 12-81)
URBAN ENVIROI�SENT 25.16.110 25.16.130
C. No accessory structure shall exceed eight feet in height. (Ord. 3688
409(3). 1978).
25.16.120 Residential development Piers, moorage, or lannchinq
facilities Conditions. Any pier, moorage, float or launching facility
authorized by Sections 25.16.090 through 25.16.140 shall be subject to the
following conditions:
A. No structure may be located nor extend further waterward of the
ordinary hi gh water mark than one-fourth the total distance from the shoreline
associated with the structure to the opposite shoreline. This total distance
shall be measured from the point where the authorized structure abuts the
ordinary high water mark to the nearest opposite high water mark as measured
along a straight line; provided, when the structure does not abut the ordinary
high water mark, the distance from one ordinary high water mark to the
opposite ordinary high water mark shall be measured along the shortest
straight line passing through the center of that structure which commences
from the property associated with such a structure.
B. No covered pier, covered moorage, covered float, or other covered
structure is permitted waterward of the ordinary high water mark.
C. No pier, moorage, float, or overwater structure or device shall be
located closer than fifteen feet from the side property line extended, except
that such structures may abut property lines for the common use of adjacent
property owners when mutually agreed to by the property owners in a contract
recorded with the King County Division of Records and Elections, a copy of
which must accompany an application f or a building permit or a shoreline
permit; such joint use piers may be permitted up to twice the surface area
allowed by this title.
D. All piers, moorages, floats or other such structures shall float at
all times on the surface of the water or shall be of open pile construction,
provided no portion of the structure shall, during the course of the nox�nal
fluctuations of the elevation of the water body, protrude more than five feet
above the surface of the water.
E. No pier, including f inger pier, moorage, f loat, or overwater structure
or device shall be wider than fifty percent of the lot with which it is
associated.
F. No dwelling unit may be constructed on a pier. (Ord. 3688 409(4),
1978).
25.16.130 Residential development Piers, moorage, or launching
facilities A+ccessory to multifasily development. Piers, moorages, floats
and launching facilities may be permitted accessory to multifamily
developments, or as common use facilities associated with a subdivision or
planned unit development provided:
A. No more than one pier for each one hundred feet of shorelines of the
state associated with the multifamily development, subdivision, short
subdivision or planned unit development is permitted.
B. The total number of moorage spaces shall be limited to one mooraqe
space f or every two dwelling units in the multifamily development, subdivision
or planned unit development provided no more than twenty moorage spaces shall
be permitted.
C. The maximum waterward intrusion o
eighty feet, provided this intrusion may
additional moorage space over ten moorage
twenty feet.
f any portion of any pier shall be
be increased four feet for each
spaces to a maximum of one hundred
1027 (King County 12-81)
25.16.130 25.16.140 SHORELINE MANAGII�SENT
D. The minimum width of each pier shall be five feet.
E. Moorage piles not constructed in conjunction with a pier are limited
by the following conditions:
1. Al1 piles shall be placed so as not to constitute a hazard to
navigation.
2. No pile shall be placed more than eighty feet waterward of the
ordinary high water mark.
3. All piles shall be placed in a water depth not to exceed thirteen
feet below the ordinary high water mark.
F. Launching ramps and lift stations are limited by the following
conditions:
1. No portion of a launching ramp or lift station shall be placed more
than sixty feet waterward of the ordinary high water mark.
2. Launching rails or ramps shall be anchored to the ground through the
use of tie-type construction. Asphalt or concrete ramps or other ramps which
solidly cover the water body bottom are not peratitted.
3. No more than two common use launching ramps for each one hundred
f eet of shorelines of the state associated with the multifamily development,
short subdivision, subdivision or planned unit development permitted.
G. Common use f loats are limited by the following conditions:
l. One float per multifamily development, short subdivision,
subdivision or planned unit development is pezmitted.
2. No portion of a float shall be placed more than eighty feet
waterward of the ordinary hiqh water mark.
3. No float shall have more than one hundred fifty square feet of
surface area.
H. nccavated moorage slips shall not be permitted accessory to
multifamily development or as common use facilities accessory to subdivisions,
short subdivisions, or planned unit developments. (Ord. 3688 409(5), 1978).
25.16.140 Residential develop�ent Piers, moorage, or launching
facilities Accessozy to single-fanily residence. Piers, moorages, f loats
or lauriching facilities may be permitted accessory to a single-family
residence, provided:
A. Private, single residence piers for the sole use of the property owner
sha11 not be considered an outright use on King County shorelines. A pier may
be allowed when the applicant has demonstrated a need for moorage and that the
following alternatives have been investigated and are not available or
feasible:
1. Commercial or marina moorage;
2. Floating moorage buoys;
3. Joint use moorage pier.
B. No more than one pier for each residence is permitted.
C. On lots with less than fifty feet of waterfront only joint use piers
shall be permitted except when both lots abutting the subject lot have legally
established piers then the lot with less than fifty feet of waterfront may be
permitted an individual pier.
D. The maximum waterward intrusion of any portion of any pier shall be
eighty feet, or the point where the water depth is thirteen feet below the
ordinary high water mark, whichever is reached first.
E. The total surface area of piers, moorages, floats and/or launching
facilities, or any combination thereof, shall not exceed six hundred aquare
feet, provided that, no float shall have more than one hundred fifty square
feet of surface area.
(King County 12-81) 1028
URBAN EN�IIRONMENT 25.16.140 25.16.160
F. Moorage piles are limited by the following conditions:
1. All piles. shall be placed so as to not constitute a hazard to
navigation.
2. No pile shall be placed more than eighty feet waterward of the
ordinary high water mark.
3. All moorage piles shall be placed in a water depth not to exceed
thirteen feet below the ordinary high water mark.
4. No more.than two moorage piles per residence are peiznitted.
G. Launching ramps and lift stations are limited by the following
conditions:
1. No portion of a launching ramp or lift station shall be placed more
than sixty feet waterward of the ordinary high water mark.
2. All portions of a launching ramp or lift station shall be placed at
a depth not to exceed eight feet below the ordinary high water mark.
3. Iaunching rails shall be anchored to the ground with the use of
tie-type construction. Asphalt or concrete ramps or other ramps which solidly
cover the water-body bottom are not permitted.
4. No more than one launching rail per single-family residence is
perniitted
H. Floats are limited by the following conditions:
l. One float per residence is permitted.
2. No portion of a float shall be placed more than eighty feet
waterward of the ordinary high water mark.
3. Retrieval lines shall not float at or near the surface of the water.
4. No float shall have more than one hundred fifty square feet of
surface area.
I. F7ccavated moorage slips are limited by the f ollowing conditions:
1. One moorage slip per residence is permitted.
2. No moorage slip shall be exeavated more than six feet below the
ordinary high water mark.
3. No moorage slip shall have more than five hundred twenty-f ive square
feet of surface area as measured from the tops of the banks and the ordinaxy
high water mark.
J. A residence may have either a pier or an excavated moorage slip, but
not both.
K. No excavated moorage slips shall be permitted on the Sammamish River.
(Ord. 5734 4, 1981: Ord. 3688 409(6), 1978).
25.16.150 Subdivisions. A. Any lot located wholly or partially within
the shorelines of the state shall be subject to the substandard lot provisions
of Chapter 21.48.
B. Submerged land within the boundaries of any waterfront parcel shall
not be used to compute lot area, lot dimensions, yards, open space or other
similar required conditions of land subdivision or development, except, where
specifically authorized by ordinance, such lands may be used in area
computations as an incentive to encourage common open space waterfront areas.
C. The lot averaging provisions of Title 21 shall not apply to lots
wholly or paritally within the shoreline. (Ord. 3688 410, 1978).
25.16.160 Utilities. Utility facilities may be permitted in the urban
environment subject to the general requirements section (Section 25.16.030) of
this chapter, provided:
A. Utility and transmission facilities shall:
1. Avoid disturbance of unique and fragile areas;
2. Avoid disturbance of wildlife spawning, nesting and rearing areas;
1029 (King County 12-81)
25.16.160 25.16.170 SHORELINE MANAGIIriENT
3. Overhead utility facilities shall not be permitted in public parks,
monuments, scenic recreation or historic areas.
B. Utility distribution and transmission facilities shall be designed so
as to:
1. Minimize visual impact;
2. Harmonize with or enhance the surroundings=
3. Not create a need for shoreline protection;
4. Utilize to the greatest extent possible natural screening.
C. The construction and maintenance of utility facilities shall be done
in such a way so as to:
1. Maximize the preservation of natural beauty and the conservation of
resources;
2. Minimize scarring of the landscape;
3. Minimize siltation and erosion;
4. Protect trees, shrubs, grasses, natural features and topsoil from
drainage;
5. Avoid disruption of critical aquatic and wildlife stages.
D. Rehabilitation of areas disturbed by the construction and/or
maintenance of utility facilities shall:
1. Be accomplished as rapidly as possible to minimize soil erosion and
to maintain plant and wildlife habitats;
2. Utilize plantings compatible with the native vegetation.
E. Solid waste transfer stations shall not be permitted within the
shorelines of the state. (Ord. 3688 411, 1978).
25.16.170 Industrial developdent. A. Z'he provisions of this chapter
apply to industrial and manufacturing types of activities including ports.
B. Industrial development may be permitted in the urban environment
subject to the general requirements (Section 25.16.030) of this chapter,
provided that:
1. The industrial activity is permitted in the underlying zone
classification;
2. The industrial activity shall utilize the best techniques in design
and siting to prevent the release of contaminants into the adjoining water
bodies in order to comply with the water quality standards promulgated under
the provisions of RCW Chapter 90.48;
3. Oxidation and waste stabilization ponds shall not be permitted
within the shoreline of the state;
4. The maintenance of these provisions may be assured by requiring a
performance bond of sufficient size to substantially defray the cost of a
cleanup or rehabilitation effort.
C. The height limitations of the general requirements section (Section
25.16.030) of this chapter shall not apply to water dependent industrial
development.
D. The provisions of this chapter shall not be construed to permit the
construction of any oil port facility designed to load or unload ships 125,000
dead weight tons or larger in size.
E. Outside storage of equipment, vehicles, materials or supplies sha1T
maintain a shoreline setback of twenty feet from the ordinary high water mark.
F. �ccept as provided in subsection E. above, water dependent industrial
development shall not be required to maintain a shoreline setback.
G. Water related industrial development shall maintain a shoreline
setback of either twenty feet from the ordinary high water mark or ten feet
from the edge of the floodway, whichever is greater. This shoreline setback
(King County 12-81) 1030
URBAN ENVIRONMENT 25.16.170 25.16.180
may be reduced either to ten feet from the ordinary high water mark or to the
edge of the floodway, whichever is greater� if the water related development
provides limited public access or public access.
H. Nonwater related industrial development shall maintain a shoreline
setback of either fifty feet from the ordinary high water mark or twenty feet
from the edge of the floodway, whichever is greater. This shoreline setback
may be reduced either to twenty feet from the ordinary high water mark or to
ten feet from the edge of the floodway, whichever is greater, if the nonwater
related development provides limited public access. This shoreline setback
may be reduced to either ten feet from the ordinary high water mark or the
edge of the floodway whichever is greater, if the nonwater related development
provides public access.
I. Piers, moorages, slips, floats and launching facilities may be
permitted accessory to industrial development, provided:
1. The facility will serve a water dependent or water related use;
2. The facility does not constitute a hazard to navigation. (Ord. 3688
412, 1978).
25.16.180 Shoreline protection. Shoreline protection may be permitted in
the urban environment, provided:
A. Shoreline protection to replace existing shoreline protection shall be
placed along the same alignment as the shoreline protection it is replacing,
but may be placed waterward directly abutting the old structure in cases where
removal of the old structure would result in construction problems;
B. On lots where the abutting lots on both sides have legally established
bulkheads, a bulkhead may be installed no further waterward than the bulkheads
on the abutting lots, provided that the horizontal distance between existing
bulkheads on adjoining lots does not exceed one-hundred feet. The manager
may, upon review, permit a bulkhead to connect two directly adjoining
bulkheads, for a distance up to one hundred fifty feet. In making such a
determination the manager shall consider the amount of inter-tidal land/or
water bottom to be covered, the existence of fish or shellfish resources
thereon, and whether the proposed use or $tructure could be accommodated by
other configurations of bulkhead which would result in less loss of shoreland,
tideland, or water bottom;
C. In order for a proposed bulkhead to qualify for the RCW 90.58.030(3)
(e) (iii) exemption from the shoreline permit requirements and to insure that
such bulkheads will be consistent with this program as required by RCW
90.58.141(1), the Building and Land Development Division shall review the
proposed design as it relates to local physical conditions and the King County
shoreline master program and must find that:
1. Erosion from waves or currents is imminently threatening a legally
established residence or one or more substantial accessory structures, and
2. The proposed bulkhead is more consistent with the King County
shoreline master program in protecting the site and adjoining shorelines than
feasible, non-structural alternatives such as slope drainage systems,
vegetative growth stabilization, gravel berms and beach nourishment, are not
feasible or will not adequately protect a legally established residence or
substantial accessory structure, and
3. The proposed bulkhead is located landward of the ordinary high water
mark or it connects to adjacent, legally established bulkheads as in
subsection B. above, and
4. The maximum height of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters as determined by the
National Ocean Survey published by the National Oceanic and Atmospheric
1031 (King County 12-82)
25.16.180 25.16.190 SHORELINE MANAGEMENT
Administration or four feet in height on lakes;
D. Shoreline protection shall not be considered an outright permitted use
and shall be permitted only when it has been demonstrated that shoreline
protection is necessary for the protection of existing leqally established
structures and public improvements or the preservation of important
agricultural lands as designated by the Office of Agriculture.
E. Shoreline protection shall not have adverse impact on the property of
others.
F. Shoreline protection shall not be used to create new lands, except
that groins may be used to create a public Class I beach if they comply with
all other conditions of this section.
G. Shoreline protection shall not significantly interfere with normal
surface and/or subsurface drainage into the water body.
H. Automobile bodies or other junk or waste material which may release
undesirable material shall not be used for shoreline protection.
I. Shoreline protection shall be designed so as not to constitute a
hazard to navigation and to not substantially interfere with visual access to
the water.
J. Shoreline protection shall be designed so as not to create a need for
shoreline protection elsewhere.
K. Bulkheads on Class I beaches shall be located no farther waterward
than the bluff or bank line;
L. Bulkheads must be approved by the Washington State Department of
Fisheriest
M. Bulkheads 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;
N. Groins are permitted only as part of a professionally designed
community or pub�ic beach management program. (Ord. 5734 5, 1981: Ord. 3688
g 413. 1978).
25.16.190 Excavation, Dredging and Filling. Excavation, dredging and
filling may be permitted in the urban environment, only as part of an approved
overall development plan not as an independent activity provided:
A. Any fill or excavation regardless of size, shall be subject to the
provisions of K.C.C. 16.82.100;
B. Landfill may be permitted below the ordinary high water mark only when
necessary for the operation of a water dependent or water related use, or when
necessary to mitigate conditions which endanger public safety;
C. Landfill or excavations shall be permitted only when technical
information demonstrates water circulation, littoral drift, aquatic Iife and
water quality will not be substantially impaired;
D. Landfill or disposal of dredged material shall be prohibited within
the floodway;
E. Wetlands such as marshes� swamps, and bogs shall not be disturbed or
altered through excavation, filling, dredging, or disposal of dredged material
unless the manager determines that either:
1. The wetland does not serve any of the valuable functions of wetlands
identified in K.C.C. 20.12.080 and U.S. Army Corps of Engineers 33 CFR
320.4(b), including but not limited to wildlife habitat and natural drainage
functions, or
(King County 12-82) 1031-1
URBAN ENVIRONMENT 25.16.190
2. The proposed development wold preserve or enhance the wildlife
habitat, natural drainage, and/or other valuable functions of wetlands as
discussed in K.C.C. 20.12.080 or U.S. Army Corps of Engineers 33 CFR 320.4(b)
and would be consistent with the purposes of this Title;
F. Class I beaches shall not be covered by landfill except for approved
beach feeding programs;
G. Excavations on beaches shall include precautions to prevent the
migration of fine grain sediments, disturbed by the excavation, onto adjacent
beach areas and excavatfons on beaches shall be backfilled promptly using
material of similar composition and similar or more coarse grain sizef
H. No refuse disposal sites, solid waste disposal sites, or sanitary
fills of putrescible or non-putrescrible material shall be permitted within
the shorelines of the state;
I. Excavation or dredging below the ordinary high water mark shall be
permitted only when necessary for the operation of a water dependent or water
related use, or when necessary to mitigate conditions which endanger public
safety or fisheries resources; provided, that this paragraph shall not be
construed to permit the mining or quarrying of any substance below the
ordinary high water mark;
J. Disposal of dredged material shall be done only in approved deep water
disposal sites or approved contain upland disposal sites;
K. Stockpiling of dredged material in or under water is prohibited;
L. Maintenance dredging not requiring a shoreline permit(s) shall conform
to the requirements of this Section;
M. Dredging shall be timed so that it does not interfere with aquatic
life;
N. The County may impose reasonable conditions on dredging or disposal
operations including but not limited to working seasons and provisions of
buffer strips, including retention or replacement of existing vegetation,
dikes, and settling basins to protect the public safety and shore users'
lawful interests from unnecessary adverse impact;
O. In order to insure that operations involving dredged material disposal�
and maintenance dredging are consistent with this program as required by RCW
90.58.140(1), no dredging may commence on shorelines without the responsible
person having first obtained either a substantial development permit or a
statement of exemption; PROVIDED, that no statement of exemption or shoreline
permit is required for emergency dredging needed to protect property from
imminent damage by the elements;
1032 (King County 12-82)
URBAN ENVIRONMENT
25.16.190 25.16.200
P. Operation and maintenance of any existing system of ditches, canals,
or drains, or construction of irrigation reservoirs, for agricultural purposes
are exempt from the shoreline permit requirement. (Ord. 5734 6, 1981: Ord.
3688 414, 1978).
25.16.200 Recreation. Recreational development may be pexmitted in the
urban environment subject to the general requirements (Section 25.16.030) of
this chapter, and provided:
A. The recreational development is pezmitted in the underlying zone.
B. Swimming areas shall be separated from boat launch areas.and marinas.
C. The development of underwater sites for sport diving shall not:
1. Take place at depths of greater than eighty feet;
2. Constitute a navigational hazardt
3. Be located in areas where the nozmal waterborne traffic would
constitute a hazard to those people who may use such a site.
D: The construction of swimming facilities, piers, moorages, floats and
launching facilities below the ordinaxy high water mark shall be governed by
the regulations relating to pier and moorage construction in the commercial
development section (Section 25.16.070) of this chapter.
E. Public boat launching facilities or marinas may be developed, provided:
1. The traffic generated by such a facility can be safely and
conveniently handled by the streets serving the proposed facility;
2. The facility will not be located on a Class I beach.
F. Upland facilities constructed in conjunction with a recreational
development shall be setback and/or sited to avoid contamination of the
shorelines of the state.
G. All service facilities within and associated with marinas shall have
provisions to prevent and control contaminants from entering the water.
Provisions shall be available f or cleanup of accidental spills of contaminants.
H. Marina facilities shall be prohibited on Class I beaches or where
their development would interrupt littoral currents and starve Class I beaches.
I. Public pedestrian and bicycle pathways shall be permitted adjacent to
water bodies.
,7. Public contact with unique and fragile areas shall be permitted where
it is possible without destroying the natural character of the area.
K. Water viewing, nature study, recording and viewing shall be
accommodated by space, platforms, benches or shelter, consistent with public
1032-1 (King County 12-81)
URBAN ENVIRONMENT
safety and security. (Ord. 3688 415, 1978).
Chapter 25.20
RURAL ENVIROI�Il►�IENT
Sections:
25.20.010 Purpose.
25.20.020 Designation criteria.
25.20.030 General requirements.
25.20.040 Agricultural practices.
25.20.050 Aquatic resource practices.
25.20.060 Forest management practices.
25.20.070 Commercial development.
25.20.080 Signs.
25.20.090 Residential development.
25.20.100 Subdivisions.
25.20.110 iJtilities.
25.20.120 Industrial development.
25.20.130 Shoreline protection..
25.20.140 Filling and excavation.
25.20.150 Recreation.
25.16.200 25.20.030
25.20.010 Purpose. The purpose of designating the rural environment is
to restrict intensive development, function as a buffer between urban areas,
and maintain open spaces and opportunities for recreational uses, within the
ecological carrying capacity of the land and water resource. New developments
in a rural environment should reflect the character of the surrounding area by
limiting intensity, providing permanent open space and by maintaining adequate
building setbacks from water to prevent shoreline resources from being
destroyed for other rural types of uses. (Ord. 3688 501, 1978).
25.20.020 Designation criteria. Designation criteria for the rural
environment shall be:
A. Shorelines of the state possessing high capability to support active
agriculture purposes;
B. Shorelines of the state used or designated for residential development
at a density of three units per acre or less;
C. Shorelines of the state used or designated for light manufacturing or
neighborhood business type uses;
D. Shorelines of the state developed for residential purposes where
surrounding land use is residential in character without all urban services;
E. Shorelines of the state to be designated rural shall not have severe
biophysical limitations to development such as floodplains, steep slopes,
slide hazard areas and/or marshes, swamps or bogs. (Ord. 3688 502. 1978).
25.20.030 General requirements. A. Nonwater related and residential
development shall not be permitted waterward of the ordinary high water mark.
B. Except in those cases when the height requirements of the underlying
zone are more restrictive, no structure shall exceed a height of thirty-five
feet above average grade level. This requirement may be modified if the view
of a substantial number of residences will not be obstructed, if permitted by
the applicable provisions of the underlying zoning, and if the proposed
1033
25.20.030 25.20.060 SHORELINE MANAGFMENT
development is agricultural or water dependent.
C. All development shall be required to provide adequate surface water
retention and sedimentation facilities during the construction period.
D. Development shall maintain the first fifty feet of property abutting a
natural environment as required open space.
E. Parking facilities except parking facilities associated with detached
single-family and agricultural development shall retain existing vegetation or
be planted in conformance with the landscape standards enumerated in the
general requirements (Section 25.16.030) of the urban environment.
F. Collection facilities to control and separate contaminants shall be
required where stormwater runoff from impervious surfaces would materially
degrade or add to the pollution of recipient waters or adjacent properties.
G. The regulations of this chapter have been categorized in a number of
sections; regardless of the categorization of the various regulations, all
development must comply with all applicable regulations.
H. Development proposed in shorelines of the state shall maintain
setbacks, provide easements or otherwise develop the site to permit a trail to
be constructed or public access to continue where:
l. There is a proposed trail in the King County trail system; or
2. Part of the site is presently being used and has historically been
used for public access.
a. Along shorelines of the state on lake Sammamish, no building shall
be placed on lands below thirty-two and one-half feet mean sea level. (Ord.
3688 503, 1978)
25.20.040 Agricultural practices. Agricultural practices may be
permitted in the rural environment subject to the agricultural practices
provisions (Section 25.16.040) of the urban environment. (Ord. 3688 S 504,
1978).
25.20.050 Aquatic resource practices. Aquatic resource practices may be
permitted in the rural environment subject to the aquatic resource practice
provisions (Section 25.16.050) of the urban environment. (Ord. 3688 505,
1978).
25.20.060 Fbrest manaqement practices. Forest management practices may be
permitted in the rural environment provided:
A. In order to prevent unnatural erosion, siltation, and temperature
increase; to prevent the movement of logging debris into lakes and streams; to
preserve bank structure and riparian vegetation, and to preserve the aesthetic
qualities of the shoreline, a buffer strip shall be established along rivers,
streams, lakes and other waterbodies. All residual vegetation in the buffer
strip, including grasses, shrubs, natural cull, and nonmerehantable trees
which serve such purpose shall be left substantially undistrubed. Where
residual vegetation is inadequate to provide such a buffer, sufficient
merchantable trees shall be left. Removal of mature timber from the buffer
s.trip which would destroy the shading and filtering effect of the remaining
buffer is prohibited.
B. All culverts shall be adequate in size and design to carry the maximum
anticipated flow, and shall be kept clear of obstructions. The minimum size
for culverts shall be fifteen inches in diameter.
C. Culverts installed in streams used by fish sha11 meet all requirements
set by the State Departments of Fisheries and Game.
D. Roads and landings shall not be constructed within shoreline areas
1034
RURAL ENVIROI�Il+iENT 25.20.060 25.20.070
except when necessary to:
1. Cross streamsj
2. Avoid road construction on unstable soils or on steep slopes when
such construction would be more harmful than a shoreline location;
3. Perform water course improvement work only after approval of the
State Departments of Fisheries and Game.
E. Roads shall minimize cut and fill.
F. Where roadside material is potentially unstable or erodable, it shall
be stablized by use of seeding, compacting, riprapping, benching, or other
suitable means.
G. Gut slopes shall not exceed:
(X to Y) 1/4 to 1 in rock
3/4 to 1 in stable soils
1-1/2 to 1 in unstable soils
H. Side cast and embankment fill slopes shall not exceed:
(X to Y) 1-1/3 to 1 in broken rock and stable soils
1-1/2 to 1 in unstable soils
I. Running surface widths should be kept to a minimum, with not more than
twenty-six feet for two-lane roads and not more than fourteen feet for single
lane roads.
J. IInbankment fills shall:
1. Be constructed and compacted in layers no more than two feet thicki
2. Consist of inorganic material with no buried slash or debris beneath
the running surface;
3. Not encroach upon a one-hundred-year f loodplain so as to reduce its
storage capacity or disturb riparian vegetation.
K. Where side cast would encroach upon a one-hundred-year floodplain, end
haul construction is required.
L. Waterway cro.ssings shall be constructed with minimum disturbance to
banks and existing channels.
M. Any soil or debris accidentally placed in the channel durinq bridge
construction shall be removed by approved methods. All exposed soils shall be
stablized.
N. All bridges shall be high enough to pass all anticipated debris and
high water flows.
O. Where aggregate earthen materials are used for paving or accumulate on
bridges, sufficient curbs shall be installed to contain the surface materfal.
P. Fach stringer bridge shall have one secured end and one end free to
swing.
Q. When active use of a logging road is discontinued, it shall be left in
such condition to provide adequate drainage and soil stability.
R. Dquipment used for transportation, storage or application of
shall be maintained in leakproof condition. If there is evidence o:
leakage, the further use of such equipment must be suspended
deficiency has been satisfactorily corrected.
S. Materials treated with penta, creosote, or other chemicals
dried completely before use in any lake or stream. (Ord. 3688 506,
chemicals
E chemical
until the
shall be
1978).
25.20.070 Coarmercial develo�ent. Commercial development may be permitted.
in the rural environment subject to the commercial development requirements
(Section 25.16.070) of the urban environment, the general requirements
(Section 25.20.030) of this chapter and provided:
A. The commercial activity is permitted in the underlying zone.
B. Water dependent commercial development shall not be required to
1035 (King County 12-51)
25.20.070 25.20.100 SHORELINE MANAGEMENT
maintain a shoreline setback.
C. Water related commercial development shall maintain a shoreline
setback of either fifty feet from the ordinary high water mark or twenty feet
from the edge of the floodway, whichever is greater. This shoreline setback
may be.reduced to either twenty feet from the ordinary high water mark or ten
feet from the edge of the f loodway, whichever is greater, if the water related
development provides limited public access or public access.
D. Nonwater related commercial development shall maintain a shoreline
setback of either seventy-five feet from the ordinary high water mark or
thirty feet from the edge of the floodway, whichever is greater. This
shoreline setback may be reduced to either fifty feet from the ordinary high
water mark or twenty feet from the edge of the floodway, whichever is greater,
if the nonwater related development provides limited public access. This
shoreline setback may be reduced to either twenty feet from the ordinary high
water mark or ten feet from the edge of the floodway, whichever is greater if
the nonwater related development provides public access.
E. Piers, moorages, floats and launching facilities may be permitted
accessory to commercial development, providedc
1. The structure will serve a water dependent use;
2. The structure does not constitute a hazard to navigation;
3. No portion of thE structure shall be located more than one hundred
twenty feet waterward of the ordinary high water mark. (Ord. 3688 507,
1978).
25.20.080 Signs. 8igns are permitted in the rural environment subject to
the provisions of the underlying zoning and sign provisions of the urban
environment (Section 25.16.080), provided that no sign shall be larger than
fifty square feet. (Ord. 3688 508, 1978).
25.20.090 Residential developme.nt. A. Multifamily residential
development may be permitted in the rural environment sub�ect to the general
requirements of K.C.C. 25.20.030 and the residential provisons of K.C.C.
25.16.090 through 25.16.140 of the urban environment; provided, that
multifamily development shall maintain a minimum setback of seventy-five feet
from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river
or stream falls within the floodway, the development sliall be required to
locate past the upland edge of the floodway,
2. If the development is proposed on shorelines, including one or more
sensitive areas, as defined in K.C.C. 21.04 such development shall be done in
accordance with regulations and procedures set forth in K.C.C. 21.54.150
through 21.54.190,
B. Single-f amily residential development may be permitted in the rural
environment subject to the general requirements of K.C.C. 25.20.030 and the
residential provisions of K.C.C. 25.16.090 through 25.16.140 of the urban
environment.
C. Any pier, moorage, float or launching facility permitted accessory to
single or multifamily development or common use facility accessory to a
subdivision, short subdivision or planned unit development in the rural
environment shall be subject to the residential pier, moorages, float or
launching facility provisions of the urban environment. (Ord. 5734 7, 1981:
Ord. 3688 509, 1978).
(King County 12-51) 1036
0
RURAL ENVIRONMENT 25.20.100
25.20.100 Subdivisione. The lot atandards enumerated in this aection
apply to any lot which has buildable area within the shorelines of the state.
Buildable area means that area of the lot, exclusive of any required open
space, yards or setbacks upon which a structure may be constructed.
A. The minimum required area of a lot in the rural environment shall be
five acres; provided, however;
0
1036-1
(King County 12-81)
RURAL ENVIRONMENT
25.20.100 25.20.120
1. Z'he minimum lot area may be reduced to twenty thousand square feet
when:
a. All lots are part of an approved subdivision or short subdivision;
b. Al1 lots are served by public water;
a. All lots are served by an approved sewage disposal system;
d. Al1 lots are served by paved streets;
e. All lots have a minimum width of one hundred feet;
f. 2'he base units per acre for that portion of a site under shoreline
management jurisdiction in this case for a planned unit development or
multifamily development shall be two.
2. The minimum lot area may be reduced to twelve thousand five hundred
square feet when:
a. All lots are part of an approve3 subdivision or short subdivision;
b. All lots are served by public wat�r;
c. All lots are served by public sewers;
d. All lots are served by paved streets;
e. Al1 lots have a minimum width of eighty feet;
f. Z'he base units"per acre for that portion of a site under shoreline
management jurisdiction in this case for a planned unit development or
multifamily development shall be three.
B. Any lot located wholly or partially within the shorelines of the state
shall be subject to the substandard lot provisions of Chapter 21.48.
C. Submerged land within the boundaries of any waterfront parcel shall
not be used to compute lot area, lot dimensions, yards, open space or other
similar required conditions of land subdivision or development, except, where
specifically authorized by ordinance, such lands may be used in area
computations as an incentive to encourage common open space waterfront areas.
D. Z'he foregoing lot area and width standards may be further reduced in
direct proportion to the amount of usable area dedicated as common open space
within the shorelines of the state as long as the net density remains the
same. The common open space shall provide physical access to the ordinary
high water mark for the residents of an approved subdivisionj short
subdivision or planned unit development; provided, that in no case may the lot
standards be reduced below the lot standards required by Title 21 (the zoninq
code) for the zone classification in which the lot(s) is (are) located.
E. The lot averaging provisions of Chapter 21.08 shall not apply to any
lot wholly or partially within the shorelines of the state. (Ord. 3688 510,
1978).
25.20.110 Utiiities. Utility f acilities may be permitted in the rural
environment subject to the utilities requirements (Section 25.16.160) of the
urban environment and the general requirements (Section 25.20.030) of this
chapter. (Ord. 3688 511, 1978).
25.20.120 Industrial develop�ent. A. Z'he provisions of this chapter
apply to industrial and manufacturing types of activities including ports.
B. Industrial development may be permitted in the rural environment
subject to the industrial development provisions (Section 25.16.170) of the
urban environment and the general requirements (Section 25.20.030) of this
chapter, provided the industrial activity is permitted in the underlying zone.
C. Water dependent industrial development shall not be required to
maintain a shoreline setback.
D. Water related industrial development shall maintain a shoreline
setback of either fifty feet from the ordinary high water mark or twenty feet
1037 (King County 12-81)
25.20.120 25.20.150 SHORELINE MANAGFMENT
from the edge of the floodway, whichever is greater. This shoreline setback
may be reduced to either twenty feet from the ordinary high water mark or ten
feet from the edge of the floodway, whichever is greater, if the water related
development provides limited public access or public access.
E. Nonwater related industrial development shall maintain a shoreline
setback of either aeventy-five feet from the ordinary high water mark or
thirty feet from the edge of the floodway, whichever is greater. This
shoreline setback may be reduced to either fifty feet from the ordinary high
water mark or twenty feet from the edge of the floodway, whichever is greater,
if the nonwater related development provides limited public access. This
shoreline setback may be reduced to either twenty feet from the ordinary high
water mark or ten feet from the edge of the floodway, whichever is greater, if
the nonwater related development provides public access.
F. Piers, moorages, floats or launching facilities may be permitted
accessory to industrial development, provided:
1, The structure will serve a water dependent use;
2. The structure does not constitute a hazard to navigation. (Ord.
3688 512, 1978).
25.20.130 Shoreline protection. A. Shoreline
permitted in the rural environment subject to the
provisions (Section 25.16.180) of the Urban Environment.
B. Breakwaters shall not be permitted. (Ord. 3688
protection may be
shoreline protection
513, 1978).
25.20.1�0 �ccavatioa, Dredqing and Filling. F�ccavation, dredging and
filling may be permitted in the rural environment subject to the provisions of
K.C.C. 25.16.190 of the urban environment provided:
A. ESccavation, dredging and filling below the ordinary high water mark
shall be permitted only to serve a water dependent use or when necessary to
mititgate conditions which endanger public safety or fisheries resources.
B. Channelizing, straightening or relocating rivers or streams shall not
be permitted. (Ord. 5734 8, 1981: Ord. 3688 514, 1978).
25.20.150 Recreation. Recreational development may be permitted in the
rural environment subject to the general requirements (Section 25.20.030) of
this chapter and the recreation provisions (Section 25.16.190) of the urban
environment; provided, that any pier, moorage, float or launching facility
constructed in conjunction with a recreational development shall be governed
by the pier and moorage regulations for commercial development (5ection
25.20.070) in this chapter. (Ord. 3688 515, 1978).
Chapter 25.24
�ONSERVANCY ENVIRONMENT
Sections:
25.24.010
25.24.020
25. 24. 030
25.24.040
25.24.050
25.24.060
25.24.070
Purpose.
Designation criteria.
General requirements.
Agricultural practices.
Aquatic resource practices.
Forest management practices.
Commercial development.
(King County 12-81) 1038
CONSERVANCY ENVIRONMENT
25.24.080
25.24.090
25.24.100
25.24.110
25.24.120
25.24.130
25.24.140
25.24.150
Signs.
Residential development.
Subdivisions.
Utilities.
Industrial development.
Shoreline protection.
Billing and excavation.
Recreation.
25.24.010 25.24.030
25.24.010 Purpose. Conservancy areas are intended to maintain their
existing character. This designation is designed to protect, conserve, and
manage existing natural resources and valuable historic and cultural areas.
The preferred uses are those nonconsumptive of the physical and biological
resources of the area. (Ord. 3688 601, 1978).
25.24.020 Designation ctiteria. Designation criteria for the conservancy
environment sha11 be:
A. Shoreline areas, regardless of the underlying zoning which has
biophysical limitations to development which include but are not limited to:
1. Shoreline areas which are one hundred-year floodplains and areas
which have flooding potential,
2. Shoreline areas with soils that have poor drainage,
3. Shoreline areas subject to severe erosion,
4. Shoreline areas with unstable banks,
5. Shoreline areas subject to slide hazard;
B. Shoreline areas used as commercial forest land;
C. Shoreline areas which are free from extensive development;
D. Shoreline historic areas;
E. Shoreline area of high scenic value;
F. Shoreline areas used for low intensity agricultural uses such as range
lands and pastures;
G. Shoreline areas which are designated agricultural lands pursuant to
Chapter 20.54;
H. Areas which play an important part in maintaining the ecological
balance of the region such as:
1. Areas rich in quality and quantity of life forms,
2. Areas important to the maintenance of the natural quality and flow
of the water,
3. Marshes, bogs and swamps,
4. Class I beaches,
5. White water rapids and waterfalls,
6. Virgin timber stands,
7. Wilderness areas. (Ord. 3688 602, 1978).
25.24.030 General requirements. A. Nonwater related, water related and
residential development shall not be permitted waterward of the ordinary high
water mark.
B. Except in those cases when the height requirements of the underlying
zone are more restrictive, no structure except agricultural structures may
exceed a height of thirty-five feet above average grade level.
C. All development shall be required to provide adequate surface water
retention and sedimentation facilities during the construction period.
D. Development shall maintain the first fifty feet of property abutting a
natural environment as required open space.
1039
25.24.030 25.24.090 SHORELINE MANAGEMENT
E. Parking facilities except parking facilities associated with detached
single-family and agricultural development shall maintain a shoreline setback
of one hundred feet from the ordinary high water mark and retain existing
vegetation or be planted in conformance with the landscape standards
enumerated in the geaeral requirements (Section 25.16.030) of the urban
environment.
F. Collection facilities to control and separate contaminants shall be
required where stormwater runoff from impervious surfaces would materially
degrade or add to the pollution of recipient waters or adjacent properties.
G. The regulations of this chaper have been categorized in a nutaber of
sections; regardless of the categorization of the various regulations, all
development must comply with all applicable regulations.
H. Development proposed in shorelines of the state shall mafntain
setbacks, provide easements or otherwise develop the site to permit a trail to
be constructed or public access to continue where:
1. There is a proposed trail in the King County trail system; or
2. Part of the site is presently being used and has historically been
used for public access..
a. Along shorelines of the state on Lake Sammamish, no building shall
be placed on lands below thirty-two and one-half feet mean sea level. (Ord.
3688 603, 1978).
25.24.040 Agricultural practices. Agricultural practices may be
permitted in the conservancy environment subject to the agricultural
provisions (Section 25.16.040) of the urban environment. (Ord. 3688 604,
1978).
25.24.050 Aquatic resource practices. Aquatic resource pr-actices may be
permitted in the conservancy environment subject to the aquatic resource
provisions (Section 25.16.050) of the urban environment, except that
mechanical harvesting of shellfish shall not be permitted. (Ord. 3688 S 605,
1978)
25.24.060 Fbrest manaqement practices. Forest management practices may be
permitted in the conservancy environment subject to the forest management
practices provisions (Section 25.20.060) of the rural environment. (Ord. 3688
606. 1978).
25.24.070 Commercial development. Commercial development shall not be
permitted in the conservancy environment. (Ord. 3688 607, 1978).
25.24.080 Signs. Signs, except
twenty-five square feet erected within
permitted by Section 21.08.040 A.,
environment. (Ord. 3688 608, 1978).
educational signs of not more than
recreational developments and signs as
ire not permitted in the conservancy
25.24.090 Reeidential development. A. Multifamily development fs
prohibited in the conservancy environment, except that the clustering of
dwelling units into multifamily development may be permitted to avoid
development of sensitive or hazardous areas such as marshes, swamps, bogs,
floodplains, or steep or unstable slopes; provided, that the density standards
enumerated in Section 25.24.100 sha11 not be exceeded. This provision is not
intended to promote intensive development in the conservancy environment. The
intent of this provision is to permit development which would have less
1040
CONSERVANCY ENVIRONMENT 25.24.090 25.24.110
adverse impact on sensitive or hazardous areas than traditional lot by lot
development.
B. Single-f amily residential development may be permitted in the
conservancy environsient subject to the general requirements of this chapter
and the single-family provisions K.C.C. 25.16.090 through 25.16.140 of the
urban environment. Single-family residential development shall maintain a
minimum setback of fifty feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river
or stream falls within the floodway, the development shall be required to be
located past the upland edge of the floodway,
2. If development is proposed on shorelines, including one or more
sensitive areas, as defined in K.C.C. 21.04, such development shall be done in
accordance with regulations and procedures set forth in K.C.C. 21.54.150
21.54.190,
3. A f armhouse permitted under K.C.C. 21.54.060 shall be exempt from
the setback requirements of this section.
C. Any pier, moorage, float or launching facility permitted accessory to
single-family development or common use facility accessory to subdivision,
short subdivision or planned unit development in the conservancy environment
shall be subject to the pier, moorage, float and launching facility provisions
K.C.C. 25.16.090 through 25.16.140 of the urban environment; provided, no such
authorized structure shall be located within two hundred feet of any other
such structure. (Ord. 5734 9, 1981: Ord. 5061 5, 1980: Ord. 3688 609,
1978).
25.24.100 S�bdivision. The lot'standards enumerated in this subsection
apply to any lot which has buildable area within the shorelines of the state.
Buildable area means that area of the lot, exclusive of any required open
space, yards or setbacks upon which a structure may be constructed.
A. The minimum required lot area in the conservancy environment shall be
five acres; provided, however, the minimum lot area may be reduced to 40,000
square feet when:
1. All lots are part of an approved subdivision or short subdivision;
2. All lots are served by an approved sewage disposal system;
3. A11 lots are served by public water;
4. All lots have a minimum width of one hundred fifty feet;
5. The base units per acre for that portion of a site under shoreline
management jurisdiction in this case for a planned unit development or
multifamily development shall be one.
B. Any lot located wholly or partially within the shoreline of the state
shall be considered a legal building site, provided that such lot(s) shall be
subject to the substandard lot provisions of Chapter 21.48.
C. Submerged land within the boundaries of any waterfront parcel shall
not be used to compute lot area, lot dimensions, yards, open space or other
similar required conditions of land subdivisions or development•; except, where
specifically authorized by ordinance, such land may be used in area
computations as an incentive to encourage common open space waterfront areas.
D. The foregoing lot�area and width standards may be further reduced in
direct proportion to the amount of usable area dedicated as common open space
within the shorelines of the state as long as the net density remains the
same. The common open space shall provide physical access to the ordinary
high water mark for the residents of an approved subdivision, short
subdivision or planned unit development; provided, that in no case may the lot
standards be reduced below the lot standards required by Title 21 (the zoning
code) for the zone classificaton in which the lot(s) is (are) located.
1041 (King County 12-81)
SHORELINE MANAGII�SENT 25.24.100 25.24.110
E. The lot averaging provisions of Chapter 21.08 ahall not apply to any
lot wholly or partially within the shoreline. (Ord. 3688 610, 1978).
25.24.110 Dtilitiee. Utility facilities may be permitted in the
conservancy environment subject to the general requirements (Section
0
1041-1 (King County 12-81)
25.24.110 25.24.150
SHORELINE MANAGEMENT
c
25.24.030) of this chapter and the utility provisions (Section 25.16.160) of
the urban environment. (Ord. 3688 611, 1978).
25.24.120 Industrial development. Industrial development shall not be
permitted in the conservancy environment. {Ord. 3688 612, 1978).
25.24.130 Shoreliae protection. A. Shoreline protection may be
permitted in the conservancy environment, subject to the shoreline protection
provisions (K.C.C. 25.16.180) of the urban environment.
B. Breakwaters shall not be permitted. (Ord. 5734 10, 1981: Ord. 3688
613, 1978).
25.24.140 S�ccavation, Dredqing and Filling. bccavation, dredging and
filling may be permitted in the conservancy environment, subject to the
excavation, dredging, and filling .provisions K.C.C. 25.16.190 of the urban
environment provided:
A. F�cavation, dredging, or filling below the ordinary water mark shall
be permitted only to mitigate conditions which endanger public safety or
fisheries resources;
B. Channelizing, straightening or relocating rivers or streams shall not
be permitted;
C. bccavation or dredging of marshes, swamps or bogs shall not be
permitted. (Ord. 5734 11, 1981: Ord. 3688 614, 1978).
25.24.150 Recreation. Recreational development may be permitted in the
conservancy environment subject to the general requirements of this chapter
(Section 25.24.030) and the recreation provisions (Section 25.16.200) of the
urban environment provided:
A. The recreational development will not require any significant filling,
excavating or regarding involving more than twenty-five percent of that
portion of the site within the shorelines of the state.
B. The construction of indoor swimming pools, gyms and other indoor
recreational facilities is prohibited.
C. Piers, moorages, floats or launching facilities constructed in
conjunction with recreational development shall not be:
l. Longer than one hundred twenty feet; or
2. I,arger than 1350 square feet in surface area. (Ord. 3688 615,
1978).
Chapter 25.28
NATURAL ENVIRONMENT
Sections:
25.28.010
25.28.020
25.28.030
25.28.040
25.28.050
25.28.060
25.28.070
25.28.080
Purpose.
Designation criteria.
General requirements.
Agricultural practices.
Aquatic resource practices.
Forest management practices.
Commercial development.
Signs.
(King County 12-81) 1042
NATURAL ENVIRONMENT
25.28.090
25.28.100
25.28.110
25.28.120
25.28.130
25.28.140
25.28.150
Residential development.
Subdivisions.
Utilities.
Industrial development.
Shoreline protection.
Filling and excavation.
l�creation.
25.28.010 25.28.040
25.28.010 Purpose. The purpose of designating the natural environment is
to preserve and restore those natural resource systems existinq relatively
free of human inf luence. These systems require severe restrictions of
intensities and types of uses permitted so as to maintain the integrity of the
natural environment. (Ord. 3688 701, 1978).
25.28.020 Designation criteria. Designation criteria for the n�atural
environment shall bes
A. A shoreline area that provides food, water or cover and protection for
any rare, endangered or diminishing species;
B. A seasonal haven for concentrations of native animals, fish or fowl,
such as a migration route, breeding site or spawning site;
C. Shoreline areas considered to best represent the basic ecosystem and
geologic types which are of particular scientific interestt
D. Shoreline areas which best represent undisturbed natural areasj
E. Shoreline areas with established histories of scientific research;
F. Those shoreline areas having an outstanding or unique scenic feature
in their natural state;
G. Shoreline areas having a high value for wilderness experiencet
H. In addition to the above criteria, the following should be considered
when designating natural environments:
1. Areas where human influence and development are minimal,
2. Areas capable of easily being restored to a natural condition,
3. Saltwater marshes, bogs and swamps,
4. Class I beaches,
5. White water rapids and waterfalls,
6. Virgin timber stands,
7. Wilderness areas. (Ord. 3688 702, 1978).
25.28.030 General reqnire�ents. A. Nonwater related, water related and
residential.development shall not be permitted waterward of the ordinary high
water mark.
B. No structure shall exceed a height of thirty feet.
C. All development shall be required to provide adequate surface water
retention and sedimentation facilities during the construction period.
�.�-���:.i.,�n f.ar.ilities to control and separate contaminants shall be
��•t�iired where stormwater runoff from impervious surfaces would materially
degrade or add to the pollution of recipient waters or adjacent properties.
F,. Parking areas must maintain a shoreline setback of two hundred feet
from the ordinary high water mark and retain existing vegetation or be planted
to conform to the landscape standards enumerated in the general requirements
(S��tion 25.16.030) of the urban environment. (Ord. 3688 703, 1978).
25.28.040 Aqricultural practices. Agricultural practices shall not be
permitted in the natural environment. (Ord. 3688 704, 1978).
1043 (King County 12-81)
25.28.050 25.28.100 SHORELINE MANAGFMENT
25.28.050 Aquatic resources practices. Aquatic resource practices may be
permitted in the natural environment of the Green River at Icy Creek subject
to a public hearing and the general requirements set forth in Section
25.28.030 and provided;
A. The aquatic resources practices shall be limited to natural hatcheries;
B. The development and operation of the natural hatchery shall be within
state and federal guidelines for the quality of surface water and groundwater;
C. All facilities shall be installed with a minimum disturbance to
shoreline banks and existing channels;
D. Benefits of the natural hatchery will significantly outweigh the
impacts;
E. That the benefits cannot be achieved at: another location on the Green
River not designated as a natural environment. (Ord. 4222 3, 1979: Ord.
3688 703, 1978).
25.28.060 Forest management practices. Forest management practices shall
not be permitted in the natural environment. (Ord. 3688 706, 1978).
25.28.070 Com�ercial development. Commercial development shall not be
permitted in the natural environment. (Ord. 3688 707, 1978).
25.28.080 Signs. Signs, except educational signs of no more than
twenty-five square feet within recreational developments and signs which are
permitted by Section 21.08.030 H., are not permitted in the natural
environment. (Ord. 3688 708, 1978).
25.28.090 Residential development. A. Mu3.tifamily and accessory
development is prohibited in the natural environment.
B. Single-f amily residential development may be permitted in the natural
environment subject to the general requirements of K.C.C. 25.28.030 and the
single-f amily provisions 25.16.090 through 25.16.140 of the urban environment;
provided, single-family residential development shall maintain a minimum
setback of one-hundred feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river
or stream falls within the floodway, the development shall be required to
locate past the upland edge of.the floodway.
2. If development is proposed on shorelines, including one or more
sensitive areas, as defined in K.C.C. 21.04, such development shall be done in
accordance with regulations and procedures set forth in K.C.C. 21.54.150
throu gh 21.54.190.
C. Piers, moorages, floats or launching facilities accessory to
single-family development shall not be permitted in the natural environment.
(Ord. 5734 12, 1981: Ord. 3688 709, 1978).
25.28.100 Subdivisions. A. The minimum required area in the natural
environment shall be five acres.
B. The minimum required lot width in the natural environment shall be
three hundred thirty feet.
C. Any lot located wholly or partially within the shorelines of the state
shall be considered a legal building site, provided that such lot(s) shall be
subject to the substandard lot provisions of Chapter 21.48.
D. Submerged land within the boundaries of any waterfront parcel shall
(King County 12-81) 1044
a
NATURAL ENVIROI�iENT 25.28.100
not be used to compute lot area, lot dimensions, yards, open space or other
required conditions of land aubdivision or development, except, where
apecifically authorized by ordinnnce, euch lancl9 may be ueed in nrea
computations as an incentive to encourage common open space waterfront areas.
(Ord. 3688 710, 1978).
i
I
1044-1 (King County 12-81)
NATUR�L ENVIRO1�IIdENT 25.28.110 25.28.150
25.28.110 Utilities. Utility facilities may be permitted in the natural
environment subject to the general requirements (Section 25.28.030) of this
chapter and the utility requirements (Section 25.16.160) of the urban
environment. (Ord. 3688 711, 1978).
25.28.120 Industrial develop�e�t. Industrial development shall not be
permitted in the natural environment. (Ord. 3688 712, 1978).
25.28.130 Shoreline protection. Shoreline protection shall not be
pe�►itted in the natural environment. (Ord. 3688 713, 1978).
�25.28.140 Sxcavation, Dredqing and Filling. F�cavation, dredging, and
filling may be permitted in the natural environment subject to the provisions
K.C.C. 25.16.190 of the urban environment, provided:
A. E�ccavation, dredging, or filling below the ordinary high water �nark
shall be permitted only to mitigate conditions which endanger public safety or
fisheries resources;
B. Fill or excavation above the ordinary high water mark shall be
permitted only to the extent permitted and necessary to construct development
allowed in the natural environment;
C. Channelizing, straightening or relocating rivers or streams shall not
be permitted;
D. F�ccavation or dredging or marshes, swamps or bogs shall not be
permitted. (Ord. 5734 13, 1981: Ord. 3688 714, 1978j.
25.28.150 Recreation. Recreational development may be permitted in the
natural environment subject to the general requirements (Section 25.28.030) of
this chapter, provided:
A. The recreational development will not require any significant fillinq,
excavation or regrading involving more than fifteen percent of that portion of
the site within the shorelines of the state.
B. The construction of indoor swimming pools, gyms and other indoor
recreational facilities is prohibited.
C. Piers, moorages, floats or launching facilities constructed in
conjunction with recreational development shall not be permitted, except that
floating walkways or other similar over water pedestrian structures
facilitating access to observation points or viewing areas may be permitted.
(Ord. 3688 715, 1978).
Chapter 25.32
PROCEDURES
Sections:
25.32.010
25.32.020
25.32.030
25.32.040
25.32.050
25.32.060
25.32.070
Subatantial development Permit required Exemption.
Permits Prerequisite to other permits.
Permits Application Fee Notice Burden of proof of
compliance.
Permits Variance.
Permits Conditional use.
Permits Alteration of nonconforming use or development.
Permits Public hearing Director's decision.
1045 (King County 12-81)
25.32.010 25.32.030 SHORELINE MANAGEMENT
25.32.080
25. 32. 090
25.32.100
25.32.110
25.32.120
25.32.130
Permits Combined hearing authority.
Permits Approval or disapproval Notification
conditions Limitations.
Appeals.
Rules of director.
F�forcement.
Shoreline environment redesignation.
Additional
25.32.010 S�bstantial develap�ent Permit required -�c�ption. A. No
development sha11 be undertaken by any person on the shorelines of the state
unless such development is consistent with the policy of Section 2 of the
Shoreline Management Act of 1971, and, after adoption and approval, the
guidelines and regulations of the Washington State Department of Ecology and
the King County shoreline master program.
B. No substantial development shall be undertaken by any person on the
shorelines of the state without first obtaining a substantial development
permit from the directorj provided, that such a permit shall not be required
for the development excepted from the definition of substantial development in
RCW 90.58.030 and for developments exempted by RCW 90.58.140(9) and (10).
C. Any person claiming exception from the permit requirements of this
chapter as a result of the exemptions described in subsection B. of this
section may make an application to the director for such an exemption in the
manner prescribed by the director. Development within the shorelines of the
state which does not require a permit srhall conform to the master proqram.
Conditions requiring such conformance may be imposed prior to granting
exemption from the permit requirement. (Ord. 3688 SO1, 1978).
25.32.020 Permits Prereqnisite to other permits. In the case of
development subject to the permit requirements of this title, King County
shall not issue any other permit for such development until such time as
approval has been granted pursuant to this title. Any development
subsequently authorized by King County shall be subject to the same terms and
conditions which apply to the development authorized pursuant to this title.
(Ord. 3688 802, 1978).
25.32.030 Permits Bpplication Fee Notice Burden of proof of
compliance. A. Applications for substantial development permits, on forms
prescribed by the director, shall be made with the director by the property
owner, or by an authorized agent of the owner. Incomplete applications will
be held for a period of ninety days to allow the applicant to supply the
required additional information. Incomplete applications shall be void after
ninety days, unless the applicant requests in writing an extension for the
purposes of supplying the required additional information.
B. The fee which shall accompany an application for a substantial
development permit or a request for extension of a permit shall be as adopted
by ordinance.
C. Upon receipt of proper application, the director shall instruct the
applicant to publish notices of the application at least once a week on the
same day of the week for two consecutive weeks in a newspaper of general
circulation within the county. The director may also require publication
through other appropriate newspapers and information media. Within thirty
days of the last publication of such notice (as used hereinafter, this term
shall mean the last publication of such notice in the newspaper of general
circulation within the county), any interested persons may submit their views
F.ing County 12-E31) 1046
PROCEDURES 25.32.030 25.32.060
on the application �n writing or may notify the director of their desire to be
notified of the action taken by the director. All published notices of
applications shall be in a form satisfactory to the director. Notices of
application shall not be published prior to the actual submission of the
application to the director. Affidavits of publication shall be transmitted
to the director within seven days of their final publication. In addition,
notice of the application for a shoreline development management substantial
development permit shall be given as follows:
1. The department will notify by mail the owners of property within
three hundred feet of the project site.
2. For utility lines, linear recreation facilities such as trails and
other developments of unusual size or configuration, the department may
substitute other appropriate notification for the method set forth above.
D. The burden of proving that the proposed development is consistent with
the criteria set forth in K.C.C. 25.04.030 and' K.C.C. 25.32.010 shall be on
the applicant. (Ord. 5734 14, 1981: Ord. 3688 803, 1978).
25.32.040 Permits Variance. A. The director is authorized
variance from the performance standards of this master program only
conditions enumerated WAC 173-14-150 (Review Criteria for Variances).
B. A variance from county zoning code requirements shall not be
to mean a variance from shoreline master program use regulatione
versa.
C. Shoreline variances may not be used to permit a use
specifically prohibited in an environment designation.
D. The burden of proving that a proposed variance meets these
shall be on the applicant; absence of such proof shall be grounds
of the application.
grant a
under the
construed
and vice
that is
conditions
for denial
E. The fee which shall accompany an application for a shoreline variance
shall be as adopted by ordinance. (Ord. 5734 15, 1981: Ord. 3688 804,
1974).
25.32.050 Permita Conditional use. A. The director is authorized to
issue shoreline conditional use permi.ts only under the following circumstances:
1. The development must be compatible with uses which are permitted
within the master program environment in which the development is proposed.
2. The use wi].1 cause no unreasonable adverse effects on the shoreline
or surrounding properties and uses.
3. The use will promote or not interfere with public use of surface
waters.
4. The development of the site will not be contrary to the polfcies of
the master program.
B. The burden of proving that a proposed shoreline conditional use meets
the criteria enumerated in subsection A. of this section shall be on the
applicant. Absence of such proof shall be grounds for denial of the
application; provided, however, that the director is authorized to determine
and impose, on a case-by-case basis, those conditions and standards which may
be required to enable any proposed shoreline conditional use to satisfy the
criteria established in subsection A. of this section. (Ord. 3688 805,
1978).
25.32.060 Alteration or Reconstruction of Nonconforming Use or Develo�ent.
A. Applications for substantial development or building permits to modify
a nonconforming use or development may be approved only if:
1047 (King County 12-81)
25.32.060 25.32.080 SHORELINE MANAGEMENT
1. The modifiaations will make the use or development less
nonconforming; or
2. The modifications will not make the use or development more
nonconforming.
B. A use or development, not conforming to existing regulations, which is
destroyed, deteriorated, or damaged more than fifty percent of its fair market
value at present or at the time of its destruction by fire, explosion, or
other casualty or act of God, may be reconstructed only insofar as it is
consistent with existing regulations.
C. The review of applications for the modification of a nonconforming use
or development shall�be subject to the guidelines enumerated in K.C.C. 21.51
(Nonconforminq Buildings and Uses) (Ord. 5734 16, 1981: Ord. 3688 806,
1978).
25.32.070 Permits Public hearinq Director's decision. A. Decisions
on applications for substantial development permits shall not be made until at
least one public hearing has been held if:
1. A public hearing before either the zoning adjustor or zoning and
subdivision examiner is required by county law; or
2. The director determines that the proposed development is one of
broad public significance within fifteen days of the date of the notice
pursuant to Section 25.32.030 C. 1. and 2. Broad public significance shall be
assumed if there exists an organized group in opposition with more than fifty
participants.
B. Z"he public hearing required under subsection A. of this section shall
be conducted by the director, except that the director's hearing may be
conducted in accordance with Section 25.32.080.
C. If, for any reason, testimony on any matter set for public hearing, or
being heard, cannot be completed on the date set for such hearir�g, the
director may, before adjournment or recess of such matters under
consideration, publicly announce the time and place of the continued hearing
and no further notice is required.
D. When the director renders a decision, he shall make and enter written
findings from the record and conclusions thereof which support his decision
and the findings and conclusions shall set forth the manner in which the
decision is consistent with the criteria set forth in Sections 25.04.030 and
25.32.010 of this title.
E. The director shall have the power to prescribe rules and regulations
for the conduct of hearings before him; and also to issue summons for and
compel the appearance of witnesses, to administer oaths, and to preserve
order. The privilege of cross-examination of witnesses shall be accorded all
interested persons or their counsel in accordance with the rules of the
director.
F. The decision of the director shall be the final decision of the county
on all applications and the director shall render a written decision and
transmit copies of his decision to the persons who are required to receive
copies of the decision pursuant to Section 25.32.090. (Ord. 3688 807, 1978).
25.32.080 Pezmits Cambined hearing authority. A. In those cases when
proposed development under the jurisdiction of this title also requires a
public hearing before either the zoning adjustor or the hearing examiner, the
adjustor or the examiner may, pursuant to agreement between the director and
the adjustor or examiner, act as the director for the purposes of the public
I:ing County 12-81) 1048
PROCEDURES 25.32.080
hearing and decision provided for in Section 25.32.070. Acting as the
director, the adjustor or examiner shall conduct a public hearing to receive
evidence relating to the issuance of a substantial development permit or
exemption therefrom, a shoreline management conditional use permit and/or a
shoreline management variance.
B. The adjustor or examiner shall conduct the hearinq in accordance with
the provisons of Section 25.32.070 and shall exercise the powers therein.
C. The decision of the adjustor or examiner shall be the decision of the
director and shall be the final decision of the county with regard to
shoreline management. (Ord. 3688 808, 1978).
I
1048-1 King C:ounty 12-81)
PROCEDURES 25.32.090 25.32.120
25.32.090 Permits Approval or disapproval Notification l�idditional
conditions Lini.tations. A. The director Sr�aii notify the f ollowing persons
in writing of his final approval, disapprov3l or conditional approval of a
substantial development permit application within five days of his final
decision:
1. The applicant;
2. The Washington State Department of Ecology;
3. The Washington State Attorney General;
4. Any person who has submitted to the director written comments on the
application;
5. Any person requesting notification prior to permit action.
B. In granting or extending a permit, the director may attach thereto
s uch conditions, modifications and restrictions regarding the location,
character and other features of the proposed development and related
development and activity outside of the shoreline as he finds necessary to
make the permit compatible with the criteria set forth in Sections 25.04.030
and 25.32.010 of this title. Such conditions may include requirement to post
a performance bond assuring compliance with permit requirements, terms and
conditions.
C. Issuance of substantial development permit does not constitute
approval pursuant to any other federal, state or county laws or regulations.
(Ord. 3688 809, 1978).
25.32.100 Appeals. A. Appeals from the final decision of the county
with regard to shoreline management shall be governed solely by the provisions
of RCW 90.58.180.
B. The effective date of King County's decision shall be the date of
filing with the Department of Ecology as defined in RCW 90.58.140.
C. When a hearing and decision has occurred pursuant to Section 25.32.080
and the examiner's recommendation with regard to disposition of a proposed
development pursuant to Titles 19, 20 and 21 of this code requires King County
Council action, the final decision of the county pursuant to this title shall
be effective on the date of filing as defined in RCW 90.58.140 for the
purposes of appeal as provided in RCW 90.50.140. However, no development may
occur until the King County Council has taken final action on the examiner's
recommendation required by Titles 19, 20 and/or 21 of this code. (Ord. 3688
810, 1978).
25.32.110 Rules of director. The director is authorized to adopt such
rules as are necessary and appropriate to implement this chapter. The
director may prepare and require the use of such forms as are necessary to its
administration. (Ord. 3688 811, 1978).
25.32.120 �force�ent. A. The director is authorized to� enforce the
provisions of this title, the ordinances and resolutions codified in it, and
any rules and regulations promulgated thereunder pursuant to the enforcement
and penalty provisions of Title 23.
B. Any person found to have wilfully engaged in activities on the
shorelines of the state in violation of this title or the Shoreline Management
Act of 1971 or in violation of the master program, rules or regulations
adopted pursuant thereto is guilty of a gross misdemeanor, and shall be
punished by a fine of not less than twenty-f ive dollars nor more than one
thousand dollars, or by imprisonment in the county jail for not more than
1049 (King County 12-81)
.i
y 25.32.120 25.32.130 SHORELINE MANAGEMENT
ninety days, or by both fines and imprisonment; provided, that the fine for
the third and all subsequent violationa in any five-year period shall be not
less than five hundred dollara nor more than ten thousand dollars.
C. The King County prosecuting attorney shall bring such injunctive,
declaratory, or other actions as are necessary to insure that no uses are made
of the shorelines of the state in conflict with the provisions of this title
or the Shoreline Management Act of 1971 or in conflict with the master
program, rules or regulations adopted pursuant thereto, and to otherwise
enforce the provisions of this chapter and the Shoreline Management A�ct of
1971.
D. Any person subject to the regulatory provisions of this title who
violates any provision of this title or the provisions of a permit issued
pursuant thereto shall be liable for all damage to public or private property
arising from such violation, including the cost of restoring the affected
area, within a reasonable time, to its condition prior to such violation. The
King County prosecuting attorney shall bring suit for damages under this
subsection on behalf of the county. Private persons shall have the right to
bring suit for damages under this subsection on their own behalf and on behalf
of all persons similarly situated. The court on its discretion may award
attorney's fees and costs of the suit to the prevailing party. (Ord. 3688
812, 1978).
25.32.130 Shoreline environment redesignation. A. Shoreline
environments designated by the master program may be redesignated by the
County Council upon finding that such a redesignation will be consistent with:
l. The policy of Section 2 of the Shoreline Management Act of 1971;
2. The goals, objectives and policies of the master program;
3. The designation criteria of the shoreline environment designation
requested.
B. Application for redesignation shall be made on forms and in a manner
prescribed by the director.
C. The fee which shall accompany an application for a shoreline
redesignation shall be as adopted by ordinance.
D. Redesignations may be initiated by:
l. The verified application of the owner(s) of the property requested
to be redesignated; or
2. The adoption of a motion by the council requesting the�executive to
set the matter for hearing and recommendation.
E. Applications for redesignation shall not be accepted by the department
if a request for redesignation involving the same designation for
substantially the same property has been denied within the last year.
F. Upon receipt of a properly filed application for redesignation, the
department shall prepare a report to the zoning and subdivision examiner.
G. The report and recommendation of the department shall be forwarded to
the zoning and subdivision examiner for consideration together with all
relevant testimony at a public hearing to be held consistent with the
procedures for a zone reclassification as provided in Chapter 20.24. (Ord.
5734 17, 1981: Ord. 3688 813, 19i8).
(King County 12-81) 1050
�reline Management Act of 1971 90.58.020
subject matter contained herein for any future modi�ca-
tions. [1989 c 348 3.]
•Reviser's note: "This act" consists of the 1989 c 348 amendments
to RCW 19.27.031, 90.03.005, 90.03.360, and 90.54.020, and the en-
actment of RC W 19.27.150, 43.20.230, 90.44.450, 90.48.495,
90.54.180, 90.54.190, and 90.54.920.
Severability-1989 c 348: See note following RCW 90.54.020.
Chapter 90.58
SHORELINE MANAGEMENT ACT OF 1971
Sections
90.58.010
90.58.020
90.58.030
90.58.040
90.58.050
90.58.060
90.58.070
90.58.080
90.58.aI0
90.58.100
90.58.110
90.58.120
90.58.130
90.58.140
90.58.145
90.58.150
90.58.160
90.58.170
90.58.175
90.58.180
9 0.58.190
9 0.58.195
90 .58.200
9 0.58.210
90 .58.220
90 .58.230
90 .58.240
�0.58.250
(1989 Ed,)
Short title.
I.egislative findings-�tate policy enunciated—Use
preference.
Definitions and concepts.
Program applicable to shorelines of the state.
Program as cooperative between local government and
state—Responsibilities differentiated.
Timetable for adoption of initial guidelines—Public
hearings, notice of.
Local governments to submit letters of intent—De-
partment to act upon failure of local government.
Timetable for local governments to compiete shoreline
inventories and master programs.
Approval of master program or segments thereof,
when—Departmental alternatives when shorelines of
state-wide signi6cance—Later adoption of master
program supersedes departmental program.
Programs as constituting use regulations—Duties
when preparing programs and amendments
thereto--Program contents.
Development of program within two or more adjacent
local government jurisdictions—Development of
program in segments, when.
Adoption of rulcs, programs, etc., subject to RCW 34-
.05.310 through 34.OS395—Public hearings, notice
of—Public inspection after approval or adoption.
Involvement of all persons and entities having interest,
means.
Development permits—Grounds for granting—
Administration by local government, conditions—
Applications—Notices—Rescission—W hen
permits not required—Approval when permit for
varianae or conditional use.
Substantial development permit�tructures at tem-
porary ferry terminals—Hood Canal bridge—
Removal of structures.
Selective commercial timber cutting, when.
Prohibition against surface drilling for oil or gas, where.
Shorelines hearings board—Fstablished—Mem-
bers—Chairman—Quorum for decision—Ex-
penses of inembers.
Rules and regulations.
Appeals from granting, denying, or rescinding permits,
procxdure—Board to act, when—Local govern-
ment appeals to board—Grounds for declaring rule,
regulation, or guideline invalid—Appeals to court,
procedure.
Review and adjustments to master programs.
Shoreline master plan review—Local governments
with coastal waters or coastal shorelines.
Rules and regulations.
Court actions to insure against conflicting uses and to
enforce—Civi1 penalty—Review.
General penalty.
Violators liable for damages resulting from viola-
tion—Attorney's fees and costs.
Additional authority granted department and local
governments.
Department to cooperate with local governments—
Grants for development of master programs.
90.58.260 State to �epresent its interest before federal agencies,
interstate agencies and courts.
90.58.270 Nonapplication to certain structures, docks, develop-
ments, etc., placed in navigable waters—Nonappli-
cation to certain rights of action, authority.
90.58.280 Application to all state agencies, counties, public and
municipal corporations.
90.58.290 Restrictions as affecting fair market value of property.
90.58300 Department as regulating state agency—Special
authority.
90.58.310 Designation of shorelines of state-wide signifiqnce by
legislatur�Recommendation by director,
procedure.
90.58.320 Heighi (imitation respecting permits.
90.58.330 Study of shorelines of cities and towns submitted to leg-
islature—Scope.
90.58.340 Use policies for land adjacent to shorelines, develop-
ment of.
90.58350 Nonapplication to treaty rights.
90.58.360 Existing requirements for permits, certificates, etc., not
obviated.
90.58.370 Processing of permiu or authorizations for emergency
water withdrawal and facilities to be expedited.
90.58.500 Mt. St. Helens eruption—Ezemption from emergency
recovery operations—Compliance with objectives re-
quired—Sediment retention structure, exemp-
tion—Ezpiration of section.
90.58.550 Oil or natural gas exploration in marine waters—
Definitions—Application for permit—Requiro-
ments—Review—Enforcement.
90.58.560 Oil or natural gas ezploration—Violations of RCW
90.58.550—Penalty—Appeal.
90.58.570 Consultation beforo responding to federal coastal zone
management certificates.
90.58.600 Conformance with chapter 43.97 RCW required.
90.58.900 Liberal construction-1971 ex.s. c 286.
90.58.910 Severability-1971 ex.s. c 286.
90.58.911 Severability-1983 c 138.
90.58.920 Effective date-1971 ex.s. c 286.
90.58.930 Referendum to the people-1971 ez.s. c 286—De-
termining if act continu�s in force and effect.
Marine oil pollution—Baseline study program: RCW 43.21A.405
through 43.21 A.420.
90.58.010 Short title. This chapter shall be known
and may be cited as the "Shoreline Management Act of
1971 [1971 ex.s. c 286 1.]
90.58.020 LegislaNve findings—�tate poUcy enun-
ciated Use preference. The legislature �nds that the
shorelines of the state are among the most valuable and
fragile of its natural resources and that there is great
concern throughout the state relating to their utilization,
protection, restoration, and preservation. In addition it
finds that ever increasing pressures of additional uses are
being placed on the shorelines necessitating increased
coordination in the management and development of the
shorelines of the state. The legislature further finds that
much of the shorelines of the state and the uplands ad-
jacent thereto are in private ownership; that unrestricted
construction on the privately owned or publicly owned
shorelines of the state is not in the best public interest;
and therefore, coordinated planning is necessary in order
to protect the public interest associated with the shore-
lines of the state while, at the same time, recognizing
and protecting private property rights consistent with the
public interest. There is, therefor, a clear and urgent de-
mand for a planned, rational, and concerted effort,
�'I'iNe 90 RCW—p 69]
i
i
c
90.58.020
90 RCW: Water Rights--Environ�
jointly performed by federal, state, and local govern-
ments, to prevent the inherent harm in an uncoordinated
and piecemeal development of the state's shorelines.
It is the policy of the state to provide for the manage-
ment of the shorelines of the state by planning for and
fostering all reasonable and appropriate uses. This poticy
is designed to insure the development of these shorelines
in a manner which, while allowing for limited reduction
of rights of the public in the navigable waters, will pro-
mote and enhance the public interest. This policy con-
templates protecting against adverse effects to the public
health, the land and its vegetation and wildlife, and the
waters of the state and their aquatic life, while protect-
ing generally public rights of navigation and corollary
rights incidental thereto.
The tegislature declares that the interest of all of the
people shall be paramount in the management of shore-
lines of state—wide signi�cance. The department, in
adopting guidelines for shorelines of state—wide signifi-
cance, and local government, in developing master pro-
grams for shorelines of state—wide significance, shall
give preference to uses in the following order of prefer-
ence which:
(1) Recognize and protect the stat�wide interest over
local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of
the shorelines;
(6) Increase recreational opportunities for the public
in the shoreline;
(7) Provide for any other element as defined in RCW
90.58.100 deemed appropriate or necessary.
In the implementation of this policy the public's op-
portunity to enjoy the physical and aesthetic qualities of
natural shorelines of the state shall be preserved to the
greatest extent feasible consistent with the overall best
interest of the state and the people generally. To this end
uses shall be prefened which are consistent with control
of pollution and prevention of damage to the natural en-
vironment, or are unique to or dependent upon use of the
state's shoreline. Alterations of the natural condition of
the shorelines of the state, in those limited instances
when authorized, shall be given priority for single family
residences, ports, shoreline recreational uses including
but not limited to parks, marinas, piers, and other im-
provements facilitating public access to shorelines of the
state, industrial and commercial developments which are
particularly dependent on their location on or use of the
shorelines of the state and other development that will
provide an opportunity for substantial numbers of the
people to enjoy the shorelines of the state. Alterations of
the natural condition of the shorelines and wetlands of
the state shall be recognized by the department. Shore-
lines and wetlands of the state shall be appropriately
classified and these classi�cations shall be revised when
circumstances warrant regardless of whether the change
in circumstances occurs through man—made causes or
('I'itk 90 RCW—p 70]
natural causes. Any areas resulting from alterations of
the natural condition of the shorelines and wetlands of
the state no longer meeting the definition of "shorelines
of the state" shall not be subject to the provisions of
chapter 90.58 RCW.
Permitted uses in the shorelines of the state shall be
designed and conducted in a manner to minimize, inso.
far as practical, any resultant damage to the ecology and
environment of the shoreline area and any interference
with the public's use of the water. [1982 lst ex.s. c 13
1; 1971 ex.s. c 286 2.]
90.58.030 Definitions and concepts. As used in this
chapter, unless the context otherwise requires, the fol-
lowing definitions and concepts apply:
(1) Administration:
(a) "Department" means the department of ecology;
(b) "Director" means the director of the department
of ecology;
(c) "Local government" means any county, incorpo-
rated city, or town which contains within its boundaries
any lands or waters subject to this chapter;
(d) "Person" means an individual, partnership, corpo-
ration, association, organization, cooperative, public or
municipal corporation, or agency of the state or local
governmental unit however designated;
(e) "Hearing board" means the shoreline hearings
board established by this chapter.
(2) GeographicaL•
(a) "Extreme low tide" means the lowest line on the
land reached by a receding tide;
(b) "Ordinary high water mark" on all lakes, streams,
and tidal water is that mark that will be found by ex-
amining the bed 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 abut-
ting upland, in respect to vegetation as that eondition
exists 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 de-
partment: Provided, That in any area where the ordinary
high water mark cannot be found, the ordinary high wa-
ter mark adjoining salt water shall be the line of inean
higher high tide and the ordinary high water mark ad-
joinin� fresh water shall be the line of inean high water;
(c) "Shorelines of the state" are the total of all
"shorelines" and "shorelines of state—wide significance"
within the state;
(d) "Shorelines" means all of the water areas of the
state, including reservoirs, and their associated wetlands,
together with the lands underlying them; except (i)
shorelines of state—wide signi�cance; (ii) shorelines on
segments of streams upstream of a point where the mean
annual flow is twenty cubic feet per second or less and
the wetlands associated with such upstream segments;
and (iii) shorelines on lakes less than twenty acres in size
and wetlands associated with such small lakes;
(e) "Shorelines of state significance" means the
following shorelines of the state:
(1989 Ed.)
�oreline Management Act of 1971
soil �itions or changes in types or quality of vegeta-
tive gzound cover condition. The floodway shall not in-
clude those lands that can reasonably be expected to be
protec'•ed from flood waters by flood control devices
maintained by or maintained under license from the
gederal gwernment, the state, or a political subdivision
of the stau•
(3) Procedural terms:
(a) 'Guidelines' means those standards adopted to
imple�nt the policy of this chapter for regulation of
use oi the shorelines of the state prior to adoption of
maste; �rograms. Such standards shall also provide cri-
teria :.o local governments and the department in devel-
oping masur programs;
(b) •'_�taster program" shall mean the comprehensive
use �n for a described area, and the use regulations
taget�er with maps, diagrams, charts, or other descrip-
tive maxerial and tezt, a statement of desired goals, and
standards developed in accordance with the policies
enunc:�ted in RCW 90.58.020;
(c► 'State master program" is the cumulative total of
all �szer programs approved or adopted by the depart-
meaz oi ecology;
(d) •Development" means a use consisting of the con-
strn�ion or exterior alteration of structures; dredging;
driilia� dumping; filling; removal of any sand, gravel, or
min�; bulkheading; driving of piling; placing of ob-
strr.+�ions; ar any project of a permanent or temporary
natun luch interferes with the normal public use of the
surrz+� of the waters overlying lands subject to this
�hz� at any state of water level;
(ej 'Substantial development" shall mean any devel-
opr::�- of which the total cost or fair market value ex-
Ce �o thousand five hundred dollars, or any
de•re�ovment which materially interferes with the normal
pu'c.�c �se of the water or shorelines of the state; except
that :�c following shall not be considered substantial de-
veios�nts for the purpose of this chapter:
\ormal maintenance or repair of existing struc-
rur� �r developments, including damage by accident,
fir� �e �lements;
sa) Coastruction of the normal protective bulkhead
���,.�n to single family residences;
Emergency construction necessary to protect
prcx'�y from damage by the elements;
::rr Construction and practices normal or necessary
f�' �.-�ing, irrigation, and ranching activities, including
:;n,rAt �rvice roads and utilities on wetlands, and
t� �ction and maintenance of irrigation structures
i�.�g bnt not limited to head gates, pumping facili-
�s. �d irrigation channels: Provided, That a feedlot of
�c all processing plants, other activities of a com-
zrre--�-a1 nature, alteration of the contour of the wetlands
1�r �?ing or filling other than that which results from
II�,�1 cultivation, shall not be considered normal or
�ry farming or ranching activities. A feedlot shall
�,c ��nclosure or facility used or capable of being used
=�iing livestock hay, grain, silage, or other livestock
i�., 3ut shall not include land for growing crops or
��:rion for livestock feeding and/or grazing, nor shall
3�.inde normal livestock wintering operations;
(i) The area between the ordinary high water mark
and the western boundary of the state from Cape Disap-
pointment on the south to Cape Flattery on the north,
including harbors, bays, estuaries, and inlets;
(ii) Those areas of Puget Sound and adjacent salt wa-
tets and the Strait of Juan de Fuca between the ordinary
high water mark and the line of extreme low tide as
follows:
(A) Nisqually Delta from DeWolf Bight to
Tatsolo Point,
(B) Birch Bay from Point Whitehorn to Birch
Point,
(C) Hood Canal from Tala Point to Foulweather
Bluff,
(D) Skagit Bay and adjacent area from Brown
Point to Yokeko Point, and
(E) Padilla Bay from March Point to William
Point;
(iii) Those areas of Puget Sound and the Strait of
Juan de Fuca and adjacent salt waters north to the Ca-
nadian line and lying seaward from the line of extreme
low tide;
(iv) Those lakes, whether natural, arti�cial, or a com-
bination thereof, with a surface acreage of one thousand
acres or more measured at the ordinary high water
mark;
(v) Those natural rivers or segments thereof as
follows:
(A) Any west of the crest of the Cascade range
downstream of a point where the mean annual flow is
measured at one thousand cubic feet per second or more,
(B) Any east of the crest of the Cascade range down-
stream of a point where the annual flow is measured at
two hundred cubic feet per second or more, or those
portions of rivers east of the crest of the Cascade range
downstream from the first three hundred square miles of
drainage area, whichever is longer;
(vi) Those wetlands associated with (i), (ii), (iv), and
(v) of this subsection (2)(e);
"Wetlands" or "wetland areas" means those lands
extending landward for two hundred feet in all directions
as measured on a horizontal plane from the ordinary
high water mark; floodways and contiguous floodplain
areas landward two hundred feet from such floodways;
and all marshes, bogs, swamps, and river deltas associ-
ated 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:
Providec� That any county or city may determine that
portion of a one—hundred—year—flood plain to be in-
cluded in its master program as long as such portion in-
cludes, as a minimum, the floodway and the adjacent
land extending landward two hundred feet therefrom;
(g) "Floodway" means those portions of the area of a
river valley lying streamward from the outer limits of a
watercourse upon which flood waters are carried during
periods of flooding that occur with reasonable regularity,
although not necessarily annually, said floodway being
identified, under normal condition, by changes in surface
(1989 Ed.)
90.58.030
(TiHe 90 RCW—p 711
90.58.030
Ti� RCW: Water Rig6ts Environment
(v) Construction or modification of navigational aids
such as channel markers and anchor buoys;
(vi) Construction on wetlands by an owner, lessee, or
contract purchaser of a single family residence for his
own use or for the use of his family, which residence
does not exceed a height of thirty–�ve feet above aver-
age grade level and which meets all requirements of the
state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to
this chapter,
(vii) Construction of a dock, including a community
dock, designed for pleasure craft only, for the private
noncommercial use of the owner, lessee, or contract pur-
chaser of single and multiple family residences, the cost
of which does not exceed two thousand five hundred
dollars;
(viii) Operation, maintenance, or construction of ca-
nals, waterways, drains, reservoirs, or other facilities
that now exist or are hereafter created or developed as a
part of an irrigation system for the primary purpose of
making use of system waters, including return flow and
artificially stored ground water for the irrigation of
lands;
(ix) The marking of property lines or corners on state
owned lands, when such marking does not significantly
interfere with normal public use of the surface of the
water;
(x) Operation and maintenance of any system of
dikes, ditches, drains, or other facilities existing on Sep-
tember 8, 1975, which were created, developed, or uti-
lized primarily as a part of an agricultural drainage or
diking system;
(zi) Any action commenced prior to December 31,
1982, pertaining to (A) the restoration of interim trans-
portation services as may be necessary as a consequence
of the destruction of the Hood Canal bridge, including,
but not limited to, improvements to highways, develop-
ment of park and ride facilities, and development of
ferry terminal facilities until a new or reconstructed
Hood Canal bridge is open to traffic; and (B) the recon-
struction of a permanent bridge at the site of the origi-
nal Hood Canal bridge. [1987 c 474 1; 1986 c 292 1;
1982 Ist ex.s. c 13 2; 1980 c 2§ 3; 1979 ex.s. c 84 3;
1975 lst ex.s. c 182 1; 1973 lst ex.s. c 203 1; 1971
ex.s. c 286 3.�
Sevenbi6ty-1986 c 292: "If any provision of this act or its ap-
plication to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or cir-
cumstances is not affected." [1986 c 292 5.]
Intent-1980 c 2; 1979 ex.s. c 84: "The legislature finds that high
tides and hurricxne force winds on February 13, 1979, caused condi-
tions resulting in the catastrophic destruction of the Hood Canal
bridge on state route 104, a state highway on the federal–aid system;
and, as a consequence, the state of Washington has sustained a sudden
and complete failure of a major segment of highway system with a di-
sastrous impact on transportation services between the counties of
Washington's Olympic peninsula and the remainder of the state. The
govemor has by proclamation found that these conditions constitute an
emergency. To minimiu the economic loss and hardship to residents of
the Puget Sound and Olympic peninsula regions, it is the intent of this
act to authoriu the department of transportation to undertake imme-
diately all necessary actions to restore interim transportation services
acr�s Hood Canal and Puget Sound and upon the Kitsap and Olym-
pic peninsulas and to design and reconstruct a permanent bridge at the
site of the original Hood Canal bridge. The department of transporta-
tion is directed to proceed with such actions in an environmentally re-
sponsible manner that would meet the substantive objectives of the
state environmental policy act and the shorelines management act, and
shall consult with the department of ecology in the planning process.
The exemptions from the state environmental policy act and the shore-
lincs management act contained in RCW 43.21C.032 and 90.58.030
are intended to approve and ratify the timely actions of the department
of transportation taken and to be taken to restore interim transporta-
tion services and to reconstruct a permanent Hood Canal bridge with-
out procedural delays." [1980 c 2§ l; 1979 ex.s. c 84 1.J The
reference to "this act" refers to 1979 ex.s. c 84 which consists of this
section, the amendment to RCW 90.58.030 by 1979 ex.s. c 84, and to
new sections RCW 43.21C.032 and 90.58.145.
90.58.040 Program applicable to s6oreliaes of t6e
state. The shoreline management program of this chap-
ter shall apply to the shorelines of the state as defined in
this chapter. [1971.ex.s. e 286 4.]
90.58.050 Program as cooperative between local gov-
ernment and state—Responsibilities differentiated.
This chapter establishes a cooperative program of shore-
line management between local government and the
state. Local government shall have the primary respon-
sibility for initiating and administering the regulatory
program of this chapter. The department shatl act pri-
marily in a supportive and review capacity with primary
emphasis on insuring complianee with the policy and
provisions of this chapter. 1971 ex.s. c 286 5.]
90.58.060 Timetable for adoption of initial guide-
lines—Public hearings, notice of. (1) Within one hun-
dred twenty days from June 1, 1971, the department
shall submit to local governments proposed guidelines
consistent with RCW 90.58.020 for:
(a) Development of master programs for regulation of
the uses of shorelines; and
(b) Development of master programs for regulation of
the uses of shorelines of state–wide significanee.
(2) Within sixty days from receipt of such proposed
guidelines, local governments shall submit to the depart-
ment in writing proposed changes, if any, and comments
upon the proposed guidelines.
(3) Thereafter and within one hundred twenty days
from the submission of such proposed guidelines to local
governments, the department, after review and consider-
ation of the comments and suggestions submitted to it,
shall resubmit final proposed guidelines.
(4) Within sixty days thereafter public hearings shall
be held by the department in Olympia and Spokane, at
which interested public and private parties shall have the
opportunity to present statements and views on the pro-
posed guidelines. Notice of such hearings shall be pub-
lished at least once in each of the three weeks
immediately preceding the hearing in one or more news-
papers of general circulation in each county of the state.
(5) Within ninety days following such public hearings,
the department at a public hearing to be held in
Olympia shall adopt guidelines. [1971 ex.s. c 286 6.]
90.58.070 Local governments to submit letters of in-
tent Department to act upon failure of local govem-
ment. (1) Local governments are directed with regard to
('fitle 90 RCW—p 72j (1989 Ed.)
S6oreline Management Act of 1971
shorelines of the state in their various jurisdictions to
submit to the director of the department, within six
months from June. l, 1971, letters stating that they pro-
pose to complete an inventory and develop master pro-
grams for these shorelines as provided for in RCW
90.58.080.
(2) If any local government fails to submit a letter as
provided in subsection (1) of this section, or fails to
adopt a master program for the shorelines of the state
within its jurisdiction in accordance with the time
schedule provided in this chapter, the department shall
carry out the requirements of RCW 90.58.080 and adopt
a master program for the shorelines of the state within
the jurisdiction of the local government. 1971 ex.s. c
286 7.]
90.58.080 Tiroetable for local governments to com-
plete shoreline inventories and master programs. Local
governments are directed with regard to shorelines of the
state within their various jurisdictions as follows:
(1) To complete within eighteen months after June 1,
1971, a comprehensive inventory of such shorelines.
Such inventory shall include but not be limited to the
general ownership patterns of the lands located therein
in terms of public and private ownership, a survey of the
general natural characteristics thereof, present uses con-
ducted therein and initial projected uses thereof;
(2) To develop, within twenty-four months after the
adoption of guidelines as provided in RCW 90.58.060, a
master program for regulation of uses of the shorelines
of the state consistent with the guidelines adopted. 1974
ez.s. c 61 1; 1971 ex.s. c 286 8.]
90.58.090 Approval of master program or segments
thereof, when—Departmeatal alternatives when shore-
lines of state-wide significance--Later adoption of
master program supersedes departmental program.
Master programs or segments thereof shall become ef-
fective when adopted or approved by the department as
appropriate., Within the time period provided in RCW
90.58.080, each local government shall have submitted a
master program, either totally or by segments, for all
shorelines of the state within its jurisdiction to the de-
partment for review and approval.
(1) As to those segments of the master program re-
lating to shorelines, they shall be approved by the de-
partment unless it determines that the submitted
segments are not consistent with the policy of RCW 90-
.58.020 and the applicable guidelines. If approval is de-
nied, the department shall state within ninety days from
the date of submission in detail the precise facts upon
which that decision is based, and shall submit to the la
cal government suggested modifications to the program
to make it consistent with said policy and guidelines.
The local government shall have ninety days after it re-
ceives recommendations from the department to make
modifications designed to eliminate the inconsistencies
and to resubmit the program to the department for ap-
proval. Any resubmitted program shail take effect when
and in such form and content as is approved by the
department.
90.58.100
(2) As to those segments of the master program re-
lating to shorelines of state-wide significance the de-
partment shall have full authority following review and
evaluation of the submission by local government to de-
velop and adopt an alternative to the local government's
proposal if in the department's opinion the program
submitted does not provide the optimum implementation
of the policy of this chapter to satisfy the state-wide in-
terest. If the submission by local government is not ap-
proved, the department shall suggest modi�cations to
the local government within ninety days from receipt of
the submission. The local government shall have ninety
days after it receives said modifications to consider the
same and resubmit a master program to the department.
Thereafter, the department shall adopt the resubmitted
program or, if the department determines that said pro-
gram does not provide for optimum implementation, it
may develop and adopt an alternative as hcreinbefore
provided.
(3) In the event a local government has not complied
with the requirements of RCW 90.58.070 it may there-
after upon written notice to the department elect to
adopt a master program for the shorelines within its ju-
risdiction, in which event it shall comply with the provi-
sions established by this chapter for the adoption of a
master program for such shorelines.
Upon approval of such master program by the de-
partment it shall supersede such master program as may
have been adopted by the department for such shore-
lines. [1971 ex.s. c 286 9.]
90.58.100 Programs as constituting use regula-
tions—Duties wLen preparing programs am1 amend-
ments thereto--R'ogram contents. (1) The master
programs provided for in this chapter, when adopted and
approved by the department, as appropriate, shall con-
stitute use regulations for the various shorelines of the
state. In preparing the master programs, and any
amendments thereto, the department and local govern-
ments shall to the extent feasible:
(a) Utilize a systematic interdisciplinary approach
which will insure the integrated use of the natural and
social sciences and the environmental design arts;
(b) Consult with and obtain the comments of any
federal, state, regional, or local agency having any spe-
cial expertise with respect to any environmental impact;
(c) Consider all plans, studies, surveys, inventories,
and systems of classification made or being made by
federal, state, regional, or local agencies, by private in-
dividuals, or by organizations dealing with pertinent
shorelines of the state;
(d) Conduct or support such further research, studies,
surveys, and interviews as are deemed necessary;
(e) Utilize all available information regarding hydrol-
ogy, geography, topography, ecology, economics, and
other pertinent data;
(f� Employ, when feasible, all appropriate, modern
scientific data processing and computer techniques to
store, indez, analyze, and manage the information
gathered.
('fitle 90 RCW—p 731
(1989 Ed.)
�horeline Management Act of 1971
(2) Invite and encourage participation by all agencies
of federal, state, and local government, including munic-
ipal and public corporations, having interests or respon-
sibilities relating to the shorelines of the state. State and
local agencies are are directed to participate fully to in-
sure that their interests are fully considered by the de-
partment and local governments. [1971 ex.s. c 286 13.J
90.58.140 Development permits—Grounds for
granting Administration by local government, condi-
tions Applications Notices Rescission
When permits not required Approval w6en permit for
variance or conditiooal use. (1) A development shall not
be undertaken on the shorelines of the state unless it is
consistent with the policy of this chapter and, after
adoption or approval, as appropriate, the applicable
guidelines, rules, or master program.
(2) A substantial development shall not be undertaken
on shorelines of the state without first obtaining a permit
from the government entity having administrative juris-
diction under this chapter.
A permit shall be granted:
(a) From June 1, 1971, until such time as an applica-
ble master program has become effective, only when the
development proposed is consistent with: (i) The policy
of RCW 90.58.020; and (ii) after their adoption, the
guidelines and rules of the department; and (iii) so far as
can be ascertained, the master program being developed
for the area;
(b) After adoption or approval, as appropriate, by the
department of an applicable master program, only when
the development proposed is consistent with the applica-
ble master program and the provisions of chapter 90.58
RCW.
(3) The local government shall establish a program,
consistent with rules adopted by the department, for the
administration and enforcement of the permit system
provided in this section. The administration of the sys-
tem so established shall be performed exclusively by the
local government.
(4) The local government shall require noti�cation of
the public of a11 applications for permits governed by
any permit system established pursuant to subsection (3)
of this section by ensuring that:
(a) A notice of such an application is published at
least once a week on the same day of the week for two
consecutive weeks in a legal newspaper of general circu-
lation within the area in which the development is pro-
posed; and
(b) Additional notice of such an application is given
by at least one of the following methods:
(i) Mailing of the notice to the latest recorded real
property owners as shown by the records of the county
assessor within at least three hundred feet of the bound-
ary of the property upon which the substantial develop-
ment is proposed;
(ii) Posting of the notice in a conspicuous manner on
the property upon which the project is to be constructed;
or
(1989 Ed.)
u
90.58.140
(iii) Any other manner deemed appropriate by local
authorities to accomplish the objectives of reasonable
notice to adjacent landowners and the public.
The notices shall include a statement that any person
desiring to submit written comments concerning an ap-
plication, or desiring to receive a copy of the �nal order
concerning an application as expeditiously as possible
after the issuance of the order, may subm,it the com-
ments or requests for orders to the local government
within thirty days of the last date the notice is to be
published pursuant to subsection (a) of this subsection.
The local government shall forward, in a timely manner
following the issuance of an order, a copy of the order to
each person who submits a request for the order.
If a hearing is to be held on an application, notices of
such a hearing shall include a statement that any person
may submit oral or written comments on an application
at the hearing.
(5) The system shall include provisions to assure that
construction pursuant to a permit will not begin or be
authorized until thirty days from the date the final order
was filed as provided in subsection (6) of this section; or
until all review proceedings are terminated if the pra
ceedings were initiated within thirty days from the date
of �ling as de�ned in subsection (6) of this section ex-
cept as follows:
(a) In the case of any permit issued to the state of
Washington, department of transportation, for the con-
struction and modification of SR 90 (I-90) on or adja-
cent to Lake Washington, the construction may begin
after thirty days from the date of �ling, and the permits
are valid until December 31, 1995;
(b) If a permit is granted by the local government and
(i) the granting of the permit is appealed to the shore-
lines hearings board within thirty days of the date of fil-
ing, (ii) the hearings board approves the granting of the
permit by the local government or approves a portion of
the substantial development for which the local govern-
ment issued the permit, and (iii) an appeal for judicial
review of the hearings board decision is filed pursuant to
chapter 34.05 RCW, the permittee may request, within
ten days of the �ling of the appeal with the court, a
hearing before the court to determine whether construc-
tion may begin pursuant to the permit approved by the
hearings board or to a revised permit issued pursuant to
the order of the hearings board. If, at the conclusion of
the hearing, the court �nds that construction pursuant to
such a permit would not involve a signi�cant, inevers-
ible damaging of the environment, the court may allow
the permittee to begin the construction pursuant to the
approved or revised permit as the court deems appropri-
ate. The court may require the permittee to post bonds,
in the name of the local government that issued the per-
mit, suf�cient to remove the substantial development or
to restore the environment if the permit is ultimately
disapproved by the courts, or to alter the substantial de-
velopment if the alteration is ultimately ordered by the
courts. Construction pursuant to a permit revised at the
direction of the hearings board may begin only on that
portion of the substantial development for which the lo-
cal government had originally issued the permit, and
rrne 90 Rcw—p �s�
i
90.58.100
'1�90 RCW: Water Rights—Environmen�
(2) The master programs shall include, when appro-
priate, the following:
(a) An economic development element for the location
and design of industries, transportation facilities, port
facilities, tourist facilities, commerce and other develop-
ments that are particularly dependent on their location
on or use of the shorelines of the state;
(b) A public access element making provision for
public access to publicly owned areas;
(c) A recreational element for the preservation and
enlargement of recreational opportunities, including but
not limited to parks, tidelands, beaches, and recreational
areas;
(d) A circulation element consisting of the general lo-
cation and extent of existing and proposed major thor-
oughfares, transportation routes, terminals, and other
public utilities and facilities, all correlated with the
shoreline use element;
(e) A use element which considers the proposed gen-
eral distribution and general location and extent of the
use on shorelines and adjacent land areas for housing,
business, industry, transportation, agriculture, natural
resources, recreation, education, public buildings and
grounds, and other categories of public and private uses
of the land;
(f� A conservation element for the preservation of
natural resources, including but not limited to scenic
vistas, aesthetics, and vital estuarine areas for fisheries
and wildlife protection;
(g) An historic, cultural, scienti�c, and educational
element for the protection and restoration of buildings,
sites, and areas having historic, cultural, scientific, or
educational values; and
(h) Any other element deemed appropriate or neces-
sary to effectuate the policy of this chapter.
(3) The master programs shall include such map or
maps, descriptive text, diagrams and charts, or other de-
scriptive material as are necessary to provide for ease of
understanding.
(4) Master programs will reflect that state�wned
shorelines of the state are particularly adapted to pro-
viding wilderness beaches, ecologicat study areas, and
other recreational activities for the public and will give
appropriate special consideration to same.
(5) Each master program shall contain provisions to
allow for the varying of the application of use regula-
tions of the program, including provisions for permits for
conditional uses and variances, to insure that strict im-
plementation of a program will not create unnecessary
hardships or thwart the policy enumerated in RCW 90-
.58.020. Any such varying shall be allowed only if ex-
traordinary circumstances are shown and the public
interest suffers no substantial detrimental effect. The
concept of this subsection shall be incorporated in the
rules adopted by the department relating to the estab-
lishment of a permit system as provided in RCW
90.58.140(3). [1971 ex.s. c 286 10.]
90.58.110 Development of program within two or
more adjaceat local government jurisdictions—Devel-
opmeat of program in segments, when. (1) Whenever it
�Titk 90 RCW—p 74J
shall appear to the director that a master program
should be developed for a region of the shorelines of the
state which includes lands and waters located in two or
more adjacent local government jurisdictions, the direc-
tor shall designate such region and notify the appropri-
ate units of local government thereof. It shall be the
duty of the noti�ed units to develop cooperatively an in-
ventory and master program in accordance with and
within the time provided in RCW 90.58.080.
(2) At the discretion of the department, a local gov-
ernment master program may be adopted in segments
applicable to particular areas so that immediate atten-
tion may be given to those areas of the shorelines of the
state in most need of a use regulation. 1971 ex.s. c 286
11.]
90.58.120 Adoption of rules, programs, etc., subject
to RCW 34.05.310 through 34.05.395--PubGc hear-
ings, notice of Public inspection after approval or
adoptioa. All rules, regulations, master programs, desig-
nations, and guidelines, issued by the department, shall
be adopted or approved in accordance with the provi-
sions of RCW 34.05.310 through 34.05395 insofar as
such provisions are not inconsistent with the provisions
of this chapter. In addition:
(1) Prior to the approval or adoption by the depart-
ment of a master program, or portion thereof, at least
one public hearing shall be held in each county affected
by a program or portion thereof for the purpose of ob-
taining the views and comments of the public. Notice of
each such hearing shall be published at least once in
each of the three weeks immediately preceding the hcar-
ing in one or more newspapers of general circulation in
the county in which the hearing is to be held.
(2) All guidelines, regulations, designations, or master
programs adopted or approved under this chapter shall
be available for public inspection at the office of the de-
partment or the appropriate county auditor and city
clerk. The terms "adopt" and "approve" for purposes of
this section, shall include modifications and rescission of
guidelines. [1989 c 175 182; 1975 lst ex.s. c 182 2;
1971 ex.s. c 286 12.]
Effective date c 175: See note following RCW 34.OS.OIO.
90.58.130 Involvement of all persons and eatitia
having interest, means. To insure that all persons and
entities having an interest in the guidelines and master
programs developed under this chapter are provided with
a full opportunity for involvement in both their develop-
ment and implementation, the department and local
governments shall: of
(1) Make reasonable efforts to inform the peoP n or
the state about the shoreline management prog
this chapter and in the performance of the respo
ties provided in this chapter, shall not only invite bal
actively encourage participation by all persons and p�-
vate groups and entities showing an interest in shorciiae
management programs of this chapter; and
�ise9 sa.l
90.58.140
Title 90 RCW:
Water Rights--Envi�ient
construction pursuant to such a revised permit on other
portions of the substantial development may not begin
until after all review proceedings are terminated. In such
a hearing before the court, the burden of proving
whether the construction may involve signi�cant irre-
versible damage to the environment and demonstrating
whether such construction would or would not be appro-
priate is on the appellant;
(c) If a permit is granted by the local government and
the granting of the permit is appealed directly to the su-
perior court for judicial review pursuant to the proviso in
RCW 90.58.180( I), the permittee may request the court
to remand the appeal to the shorelines hearings board, in
which case the appeal shall be so remanded and con-
struction pursuant to such a permit shall be governed by
the provisions of subsection (b) of this subsection or may
otherwise begin after review proceedings before the
hearings board are terminated if �judicial review is not
thereafter requested pursuant to chapter 34.05 RCW;
If a permittee begins construction pursuant to subsec-
tions (a), (b), or (c) of this subsection, the construction
is begun at the permittee's own risk. If, as a result of
judicial review, the courts order the removal of any por-
tion of the construction or the restoration of any portion
of the environment involved or require the alteration of
any portion of a substantial development constructed
pursuant to a permit, the permittee is barred from re-
covering damages or costs involved in adhering to such
requirements from the local government that granted the
permit, the hearings board, or any appellant or
intervener.
(6) Any ruling on an application for a permit under
the authority of this section, whether it is an approval or
a denial, shall, concurrently with the transmittal of the
ruling to the applicant, be filed with the department and
the attorney general. With regard to a permit other than
a permit governed by subsection (12) of this section,
"date of �ling" as used herein means the date of actual
receipt by the department. With regard to a permit for a
variance or a conditional use, "date of �ling" means the
date a decision of the department rendered on the permit
pursuant to subsection (12) of this section is transmitted
by the department to the local government. The depart-
ment shall notify in writing the locai government and the
applicant of the date of �ling..
(7) Applicants for permits under this section have the
burden of proving that a proposed substantial develop-
ment is consisient with the criteria that must be met be-
fore a permit is granted. In any review of the granting or
denial of an application for a permit as provided in
RCW 90.58.180 (1) and (2), the person requesting the
review has the burden of proof.
(8) Any permit may, after a hearing with adequate
notice to the permittee and the public, be rescinded by t
the issuing authority upon the �nding that a permittee
has not complied with conditions of a permit. If the de- s
partment is of the opinion that noncompliance exists, the
department shall provide written notice to the local gov- e
ernment and the permittee. If the department is of the
opinion that the noncompliance continues to exist thirty y
(Titk 90 RCW—p 76]
days after the date of the notice, and the local govern_
ment has taken no action to rescind the permit, the de-
partment may petition the hearings board for a
rescission of the permit upon written notice of the peti-
tion to the local government and the permittee if the re-
quest by the department is made to the hearings boa�
within �fteen days of the termination of the thirty—da
notice to the local government.
(9) The holder of a certification from the governor
pursuant to chapter 80.50 RCW shall not be required to
obtain a permit under this section.
(10) A permit shall not be required for any develop-
ment on shorelines of the state included within a prclim_
inary or final plat approved by the applicable state
agency or local government before April 1, 1971, if:
or the T p elimanary as p oved af er Ap�1
1969; and
(b) The development is completed within two years
after June 1, 1971.
(11) The applicable state agency or local government
is authorized to approve a�na! plat with respect ta
shorelines of the state included within a preliminary plat
approved after April 30, 1969, and before April 1, 1971:
Provided, That any substantial development within the
platted shorelines of the state is authorized by a permit
granted pursuant to this section, or does not require a
permit as provided in subsection (10) of this section, or
does not require a permit because of substantial devel-
opment occurred before June 1, 1971.
(12) Any permit for a variance or a conditional use by
local government under approved master programs must
be submitted to the department for its approval or dis-
approval. [1988 c 22 1; 1984 c 7§ 386; 1977 ex.s. c
358 1; 1975—'76 2nd ex.s. c 51 1; 1975 lst ex.s. c
182 3; 1973 2nd ex.s. c 19 1; 1971 ex.s. c 286 14.)
Severability-1984 c 7: See note foliowing RCW 47.01.141.
90.58.145 Substantial development permit
Structures at temporary ferry terminaLs---y� Canal
bridge--Remova! of structures. Not later than July 1,
1981, the department of transportation or any affected
private property owner, or both, may apply for a sub-
stantial development permit in connection with any dol-
phin, wingwall, barge, pier, or similar structure
constructed or assembled at a temporary ferry terminal
for the purpose of providing interim transportation ser-
vices necessary as a consequence of the destruction of
the Hood Canal bridge. The permit shall be processed in
accordance with this chapter. Following a denial of a
permit and the ezhaustion of all subsequent appeals, or
within six months after the new or reconstructed Hood
Canal bridge is open to traf6c, whichever occurs later,
he department shall remove all dolphins, wingwalls,
barges, piers, and similar structures constructed or as-
embled at the temporary ferry terminals. If a permit is
granted, such structures may remain in place. [1979
x.s.c84§4.j
Intent—�9gp j979 ex.s. c 84: See note following RCW
0.58.030.
(1989 Ed.)
w
Shoreline Management Act of 1971
90.58.150 Selective commercial timber cutting, when.
With respect to timber situated within two hundred feet
abutting landward of the ordinary high water mark
within shorelines of state–wide significance, the depart-
ment or local government shall allow only selective com-
mercial timber cutting, so that no more than thirty
percent of the merchantable trees may be harvested in
any ten year period of time: Provrded, That other timber
harvesting methods may be permitted in those limited
instances where the topography, soil conditions or silvi-
culture practices necessary for regeneration render se-
lective logging ecologically detrimental: Provided
further, That clear cutting of timber which is solely in-
cidental to the preparation of land for other uses auth-
orized by this chapter may be permitted. 1971 ex.s. c
286 15.]
90.58.160 Prohibition against surface drilling for oil
or gas, where. Surface drilling for oil or gas is prohibited
in the waters of Puget Sound north to the Canadian
boundary and the Strait of Juan de Fuca seaward from
the ordinary high water mark and on all lands within
one thousand feet landward from said mark. 1971 ex.s.
c 286 16.]
90.58.170 S6orelines hearings board Estab-
Iis6ed—Members---Chairman—Quorum for deci-
sion--Expenses of inembers. A shorelines hearings
board sitting as a quasi judicial body is hereby estab-
lished within the environmental hearings office under
RCW 43.21B.005. The shorelines hearings board shall
be made up of six members: Three members shall be
members of the pollution control hearings board; two
members, one appointed by the association of
Washington cities and one appointed by the association
of county commissioners, both to serve at the pleasure of
the associations; and the commissioner of public lands or
his designee. The chairman of the pollution control
hearings board shall be the chairman of the shorelines
hearings board. A decision must be agreed to by at least
four members of the board to be final. The members of
the shorelines appeals board shall receive the compensa-
tion, travel, and subsistence expenses as provided in
RCW 43.03.050 and 43.03.060. [1988 c 128 76; 1979
ez.s. c 47 6; 1971 ex.s. c 286 17.]
Iatent exs. c 47: See note following RCW 43.21B.005.
90.58.175 Rules and regulations. The shorelines
hearings board may adopt rules and regulations govern-
ing the administrative practice and procedure in and be-
fore the board. [1973 lst ex.s. c 203 3.]
90.58.180 Appeals from granting, denying, or re-
scinding permits, procedure--Board to act, when—
Local gorernment appeals to board—Grounds for de-
ciaring rule, regulation, or guideline invalid—Appeals
to court, procedure. i) Any person aggrieved by the
granting, denying, or rescinding of a permit on shore-
lines of the state pursuant to RCW 90.58.140 may seek
90.58.180
review from the shorelines hearings board by filing a re-
quest for the same within thirty days of the date of filing
as defined in RCW 90.58.140(6).
Concurrently with the filing of any request for review
with the board as provided in this section pertaining to a
final order of a local government, the requestor shall file
a copy of his request with the department and the attor-
ney general. If it appears to the department or the at-
torney general that the requestor has valid reasons to
seek review, either the department or the attorney gen-
eral may certify the request within thirty days after its
receipt to the shorelines hearings board following which
the board shall then, but not otherwise, review the mat-
ter covered by the requestor: Provided, That the failure
to obtain such certification shall not preclude the re-
questor from obtaining a review in the superior court
under any right to review otherwise available to the re-
questor. The department and the attorney general may
intervene to protect the public interest and insure that
the provisions of this chapter are complied with at any
time within fifteen days from the date of the �receipt by
the department or the attorney general of a copy of the
request for review filed pursuant to this section. The
shorelines hearings board shall initially schedule review
proceedings on such requests for review without regard
as to whether such requests have or have not been certi-
�ed or as to whether the period for the department or
the attorney general to intervene has or has not expired,
unless such review is to begin within thirty days of such
scheduling. If at the end of the thirty day period for
certification neither the department nor the attorney
general has certified a request for review, the hearings
board shall remove the request from its review schedule.
(2) The department or the attorney general may ob-
tain review of any final order granting a permit, or
granting or denying an application for a permit issued
by a local government by filing a written request with
the shorelines hearings board and the appropriate local
government within thirty days from the date the final
order was filed as provided in RCW 90.58.140(6).
(3) The review proceedings authorized in subsections
(1) and (2) of this section are subject to the provisions of
chapter 34.05 RCW pertaining to procedures in adjudi-
cative proceedings. Judicial review of such proceedings
of the shorelines hearings board may be had as provided
in chapter 34.05 RCW.
(4) Local government may appeal to the shorelines
hearings board any rules, regulations, or guidelines
adopted or approved by the department within thirty
days of the date of the adoption or approval. The board
shall make a final decision within sixty days following
the hearing held thereon.
If the board determines that the rule, regulation, or
guideline:
(a) Is clearly erroneous in light of the policy of this
chapter; or
(b) Constitutes an implementation of this chapter in
violation of constitutional or statutory provisions; or
(c) Is arbitrary and capricious; or
(litk 90 RCW—p "1'11
(1989 Ed.)
90.58.180
1
Title 90 RCW: Water Rights Environment
(d) Was developed without fully considering and eval-
uating all material submitted to the department by the
local government; or
(e) Was not adopted in accordance with required pro-
cedures;
the board shall enter a final decision declaring the rule,
regulation, or guideline invalid, remanding the rule, reg-
ulation, or guideline to the department with a statement
of the reasons in support of the determination, and di-
recting the department to adopt, after a thorough con-
sultation with the affected local government, a new rule,
regulation, or guideline. Unless the board makes one or
more of the determinations as hereinbefore provided, the
board shall �nd the rule, regulation, or guideline to be
valid and enter a�nal decision to that effect.
(5) Rules, regulations, and guidelines shall be subject
to review in superior court, if authorized pursuant to
RCW *34.05.538: Provided, That no review shall be
granted by a superior court on petition from a local gov-
ernment unless the local government shall �rst have ob-
tained review under subsection (4) of this section is �led
within three months after the date of �nal decision by
the shorelines hearings board. [1989 c 175 183; 1986 c
292 2; 1975–'76 2nd ex.s. c 51 2; 1975 lst ex.s. c
182 4; 1973 lst ex.s. c 203 2; 1971 ex.s. c 286 18.]
•Reviser's uote: RCW 34.05.538 was repealed by 1989 c 175 185.
Superior court review of rules is provided by RCW 34.05.570(2).
Effecti�e date-1989 c 175: See note following RCW 34.05.010.
Severability-1986 c 292: See note following RCW 90.58.030.
90.58.190 Review and adjustments to master pra
grams. (1) The department and each local government
shall periodically review any master programs under its
jurisdiction and make such adjustments thereto as are
necessary. Any adjustments proposed by a local govern-
ment to its master program shall be forwarded to the
department for review. The department shall approve,
reject, or propose modification to the adjustment. If the
department either rejects or proposes modification to the
master program adjustment, it shall provide substantive
written comments as to why the proposal is being re-
jected or modified.
(2) Any local government aggrieved by the depart-
ment's decision to approve, reject, or modify a proposed
master program or master program adjustment may ap-
peal the department's decision to the shorelines hearings
board. In an appeal relating to shorelines, the shorelines
hearings board shall review the proposed master pro-
gram or master program adjustment and, after full con-
sideration of the presentations of the local government
and the department, shall determine the validity of the
local government's adjustment in light of the policy of
RCW 90.58.020 and the applicable guidelines. In an ap-
peal relating to shorelines of state–wide significance, the
board shall uphold the decision by the department unless
a local government shall, by clear and convincing evi-
dence and argument, persuade the board that the deci-
sion of the department is inconsistent with the policy of
RCW 90.58.020 and the applicable guidelines. Review
�Title 90 RCW—p 78]
by the hearings board shall be considered an adjudica-
tive proceeding under chapter 34.05 RCW, the Admin-
istrative Procedure Act. The aggrieved local government
shall have the burden of proof in all such reviews.
Whenever possible, the review by the hearings board
shall be heard within the county where the land subject
to the proposed master program or master program ad-
justment is primarily located. The department and any
local government aggrieved .by a final decision of the
hearings board may appeal the decision to the superior
court of Thurston county.
(3) A master program amendment shall become ef-
fective after the approval of the department or after the
decision of the shorelines hearings board to uphold the
master program or master program adjustment, provided
that the board may remand the master program or
master program adjustment to the local government or
the department for modi�ca.tion prior to the final adop-
tion of the master program or master program adjust-
ment. [1989 c 175 184; 1986 c 292 3; 1971 ex.s. c
286 19.]
Effective date--1989 c 175: See note following RCW 34.05.010.
Severability-1986 c 292: See note following RCW 90.58.030.
90.58.195 Shoreline master plan review Local
governments with coastal waters or coastal s6orelines.
(1) The department of ecology, in .cooperation with other
state agencies and coastal local governments, shall pre-
pare and adopt ocean use guidelines and policies to be
used in reviewing, and where appropriate, amending,
shoreline master programs of local govemments with
coastal waters or coastal shorelines within their bounda-
ries. These guidelines shall be finalized by April 1, 1990.
(2) After the department of ecology has adopted the
guidelines required in subsection (1) of this section,
counties, cities, and towns with coastal waters or coastal
shorelines shall review their shoreline master programs
to ensure that the programs conform with RCW
43.143.010 and 43.143.030 and with the department of
ecology's ocean use guidelines. Amended master pro-
grams shall be submitted to the department of ecology
for its approval under RCW 90.58.090 by June 30,
1991. [1989 lst ex.s. c 2§ 13.]
90.58.200 Rules and regulations. The department
and local governments are authorized to adopt such cules
as are necessary and appropriate to carry out the provi-
sions of this chapter. [1971 ex.s. c 286 20.]
90.58.210 Court actions to insure against conflicting
uses and to e�orce—Civil penalty Review. (1) Thc
attorney general or the attorney for the local government
shall bring such injunctive, declaratory, or other actions
as are necessary to insure that no uses are made of tbe
shorelines of the state in conflict with the provisions ar�d
programs of this chapter, and to otherwise enforcx the
provisions of this chapter.
(2) Any person who shall fail to conform to the terms
of a permit issued under this chapter or who shall un•
dertake development on the shorelines of the state witb-
out first obtaining any permit required under this
=i
��sa9
Shoreline Management Act of 1971
chapter shall also be subject to a civil penalty not to ex-
ceed one thousand dollars for each violation. Each per-
mit violation or each day of continued development
without a required permit shall constitute a separate
violation.
(3) The penalty provided for in this section shall be
imposed by a notice in writing, either by certified mail
with return receipt requested or by personal service, to
the person incurring the same from the department or
local government, describing the violation with reason-
able particularity and ordering the act or acts constitut-
ing the violation or violations to cease and desist or, in
appropriate cases, requiring necessary corrective action
to be taken within a speci�c and reasonable time.
(4) Within thirty days after the notice is received, the
person incuning the penalty may apply in writing to the
department for remission or mitigation of such penalty.
Upon receipt of the application, the department or local
government may remit or mitigate the penalty upon
whatever terms the department or local government in
its discretion deems proper. Any penalty imposed pursu-
ant to this section by the department shall be subject to
review by the shorelines hearings board. Any penalty
imposed pursuant to this section by local government
shall be subject to review by the local government legis-
lative authority. Any penalty jointly imposed by the de-
partment and local government shall be appealed to the
shorelines hearings board. 1986 c 292 4; 1971 ex.s. c
286 21.]
SevreraM'lity-1986 c 292: See note following RCW 90.58.030.
90.58.220 General penalty. In addition to incurring
civil liability under RCW 90.58.210, any person found
to have wilfully engaged in activities on the shorelines of
the state in violation of the provisions of this chapter or
any of the master programs, rules, or regulations
adopted pursuant thereto shall be guilty of a gross mis-
demeanor, and shall be punished by a fine of not less
than twenty-�ve nor more than one thousand dollars or
by imprisonment in the county jail for not more than
ninety days, or by both such fine and imprisonment:
Provided That the fine for the third and all subsequent
violations in any five-year period shall be not less than
five hundred nor more than ten thousand dollars: Pra
vided fwther, That fines for violations of RCW 90.58-
.550, or any rule adopted thereunder, shall be
determined under RCW 90.58.560. [1983 c 138 3;
1971 ex.s. c 286 22.]
90.58.230 Violators liable for damages resulting from
violation—Attomey's fees and costs. Any person sub-
ject to the regulatory program of this chapter who vio-
lates any provision of this chapter or permit issued
pursuant thereto shall be liable for all damage to public
or private property arising from such violation, including
the cost of restoring the affected area to its condition
prior to violation. The attorney general or local govern-
ment attorney shall bring suit for damages under this
section on behalf of the state or local governments. Pri-
vate persons shall have the right to bring suit for dam-
ages under this section on their own behalf and on the
(1989 Ed.)
90.58.260
behalf of all persons similarly situated. If liability has
been established for the cost of restoring an area af-
fected by a violation the court shall make provision to
assure that restoration will be accomplished within a
reasonable time at the expense of the violator. In addi-
tion to such relief, including money damages, the court
in its discretion may award attorney's fees and costs of
the suit to the prevailing party. [1971 ex.s. c 286 23.]
90.58.240 Additional authority granted department
and local governments. In addition to any other powers
granted hereunder, the department and local govern-
ments may:
(1) Acquire lands and easements within shorelines of
the state by purchase, lease, or gift, either alone or in
concert with other governmental entities, when necessary
to achieve implementation of master programs adopted
hereunder,
(2) Accept grants, contributions, and appropriations
from any agency, public or private, or individual for the
purposes of this chapter;
(3) Appoint advisory committees to assist in carrying
out the purposes of this chapter;
(4) Contract for professional or technical services re-
quired by it which cannot be performed by its. employ-
ees. [1972 ex.s. c 53 1; 1971 ex.s. c 286 24.]
90.58.250 Department to cooperate with local gov-
ernments—Grants for development of master pro-
grams. The department is directed to cooperate fully
with local governments in discharging their responsibili-
ties under this chapter. Funds shall be available for dis-
tribution to local governments on the basis of
applications for preparation of master programs. Such
applications shall be submitted in accordance with regu-
lations developed by the department. The department is
authorized to make and administer grants within appra
priations authorized by the legislature to any local gov-
ernment within the state for the purpose of developing a
master shorelines program.
No grant shall be made in an amount in excess of the
recipient's contribution to the estimated cost of such
program. 1971 ex.s. c 286 25.]
90.58.260 State to represent its interest before fed-
eral agencies, interstate agencies and courts. The state,
through the department of ecology and the attorney
general, shall represent its interest before water resource
regulation management, development, and use agencies
of the United States, including among others, the f�leral
power commission, environmental protection agency,
corps of engineers, department of the interior, depart-
ment of agriculture and the atomic energy commission,
before interstate agencies and the courts with regard to
activities or uses of shorelines of the state and the pro-
gram of this chapter. Where federal or interstate agency
plans, activities, or procedures conflict with state poli-
cies, all reasonable steps available shall be taken by the
state to preserve the integrity of its policies. 1971 ex.s. c
286 26.]
�Title 90 RCW—p 791
J
I w
90.58.270
Tit7�90 RCW: Water Rights
Environment
90.58.270 Nonapplication to certain structures,
docks, developments, etc., placed in navigable waters—
Nonapplication to certain rights of action, sut6ority. (1)
Nothing in this statute shall constitute authority for re-
quiring or ordering the removal of any structures, im-
provements, docks, �lls, or developments placed in
navigable waters prior to December 4, 1969, and the
consent and authorization of the state of Washington to
the impairment of public rights of navigation, and corol-
lary rights incidental thereto, caused by the retention
and maintenance of said structures, improvements,
docks, fills or developments are hereby granted: Pro-
vided, That the consent herein given shall not relate to
any structures, improvements, docks, fills, or develop-
ments placed on tidelands, shorelands, or beds underly-
ing said waters which are in trespass or in violation of
state statutes.
(2) Nothing in this section shall be construed as al-
tering or abridging any private right of action, other
than a private right which is based upon the impairment
of public rights consented to in subsection (1) hereof.
(3) Nothing in this section shall be construed as al-
tering or abridging the authority of the state or local
governments to suppress or abate nuisances or to abate
pollution.
(4) Subsection (1) of this section shall apply to any
case pending in the courts of this state on June 1, 1971
relating to the removal of structures, improvements,
docks, fills, or developments based on the impairment of
public navigational rights. (1971 ex.s. c 286 27.]
90.58.280 Application to all state agencies, counties,
public and municipal corporations. The provisions of this
chapter shall be applicable to all agencies of state gov-
ernment, counties, and public and municipal corpora-
tions and to all shorelines of the state owned or
administered by them. (1971 ex.s. c 286 28.]
90,58,290 Restrictions as affecting fair market value
of property. The restrictions imposed by this chapter
shall be considered by the county assessor in establishing
the fair market value of the property. 1971 ex.s. c 286
29.J
90.58.300 Department as regulating state
agency Special authority. The department of ecology
is designated the state agency responsible for the pra
gram of regulation of the shorelines of the state, includ-
ing coastal shorelines and the shorelines of the inner
tidal waters of the state, and is authorized to cooperate
with the federal government and sister states and to re-
ceive benefits of any statutes of the United States when-
ever enacted which relate to the programs of this
chapter. [1971 ex.s. c 286 30.J
90.58.310 Designation of shorelines of state–wide
significance by legislature—Recommendation by direc-
tor, procedure. Additional shorelines of the state shall be
designated shorelines of stat�wide significance only by
affirmative action of the legislature.
(Titk 90 RCW-p 80]
The director of the department may, however, from
time to time, recommend to the legislature areas of the
shorelines of the state which have state–wide signifi-
cance relating to special economic, ecological, educa-
tional, developmental, recreational, or aesthetic values to
be designated as shorelines of state–wide significance.
Prior to making any such recommendation the direc-
tor shall hold a public hearing in the county or counties
where the shoreline under consideration is located. It
shall be the duty of the county commissioners of each
county where such a hearing is conducted to submit
their views with regard to a proposed designation to the
director at such date as the director determines but in no
event shall the date be later than sixty days after the
public hearing in the county. [1971 ex.s. c 286 31.j
90.58.320 Height limitation respecting permits. No
permit shall be issued pursuant to this chapter for any
new or expanded building or structure of more than
thirty–�ve feet above average grade level on shorelines
of the state that will obstruct the view of a substantial
number of residences on areas adjoining such shorelines
except where a master program dces not prohibit the
same and then only when overriding considerations of
the public interest will be served. 1971 ex.s. c 286
32.]
90.58.330 Study of shorelines of cities and towns
submitted to legislature—Scope. The department of
ecology, the attorney general, and the harbor line com-
mission are directed as a matter of high priority to un-
dertake jointly a study of the locations, uses and
activities, both proposed and existing, relating to the
shorelines of the cities, and towns of the state and sub-
mit a report which shall include but not be limited to the
following:
(1) Events leading to the establishment of the various
harbor lines pertaining to cities of the state;
(2) The location of all such harbor lines;
(3) The authority for establishment and criteria used
in location of the same;
(4) Present activities and uses made within harbors
and their relationship to harbor lines;
(5) Legal aspects pertaining to any uncertainty and
inconsistency; and
(6) The relationship of federal, state and local gov-
ernments to regulation of uses and activities pertaining
to the area of study.
The report shall be submitted to the legislature not
later than December 1, 1972. [1971 ex.s. c 286 33.]
90.58.340 Use policies for land adjacent to siwre-
lines, development of. All state agencies, counties. and
public and municipal corporations shall review adminis-
trative and management policies, regulations, plans. and
ordinances relative to lands under their respe�trve juris-
dictions adjacent to the shorelines of the state so as tb�
(to] achieve a use policy on said land consistent w�tb the
policy of this chapter, the guidelines, and the mastc�
programs for the shorelines of the state. The depanm�t
may develop recommendations for land use control far
��sa9 sa.f
�horeline Management Act of 1971 90.58.560
such lands. Local governments shall, in developing use
regulations for such areas, take into consideration any
recommendations developed by the department as well
as any other state agencies or units of local government.
1971 ex.s. c 286 34.]
90.58.350 NonappGcstion to treaty rig6ts. Nothing
in this chapter shall affect any rights established by
treaty to which the United States is a party. 1971 ex.s.
c 286 35.j
90.58.360 Existing requirements for permits, certifi-
cates, etc., not obviated. Nothing in this chapter shall
obviate any requirement to obtain any permit, certifi-
cate, license, or approval from any state agency or local
government. [1971 ex.s. c 286 36.]
90.58.370 Processing of permits or aut6orizations for
emergeacy water withdrawal and facilities to be expe-
dited. All state and local agencies with authority under
this chapter to issue permits or other authorizations in
connection with emergency water withdrawals and facil-
ities authorized under RCW 43.83B.410 shall expedite
the processing of such permits or authorizations in keep-
ing with the emergency nature of such requests and shall
provide a decision to the applicant within fifteen calen-
dar days of the date of application. 1989 c 171 11;
1987 c 343 S.J
Sererability-1989 c 171: Sce note following RCW 43.83B.400.
Sevenbility-1987 c 343: Sce note following RCW 43.83B.300.
90.58.500 Mt. S� Helens eruption—Exemption
from emergency recovery operations—Compliaace wit6
objectives required—Sediment retention structure, ex-
emption—Expiration of section. Emergency recovery
operations from the Mt. St. Helens eruption authorized
by RCVV 36.01.150, 43.01.200, and 43.01.210 may be
exempted by the applicable county legislative authority
from the requirements of the Shoreline Management
Act of 1971, chapter 90.58 RCW, for operations within
such county: Provided, That the applicable legislative
suthority shall promptly notify the department of ecol-
ogy within five days of the emergency action taken and
the emergent nature of the problem. The notification
shall be made to the water resources district supervisor
of the southwest region of the department of ecology.
The county shall comply with all substantive objectives
of this chapter and shall consult with the department of
ecology in the planning process.
The sediment retention structure to be built on the
North Fork Toutle river by the United States army
corps of engineers is exempt from the substantial devel-
opment permit requirement under RCW
90.58.030(3)(e).
This section shall expire on June 30, 1995. 1989 c
213 6; 1985 c 307 9; 1983 lst ex.s. c 1§ 3; 1982 c 7
4
Sevenbility-1983 lst ex.s. c 1: See note foilowing RCW
43.01.200.
Severability-1982 c 7: See note following RCW 36.01.150.
90.58.550 Oil or natural gas exploration in marine
waters—Definitions Application for permit
Requirements Review Enforcement. (1) Within
this section the following definitions apply:
(a) "Exploration activity" means reconnaissance or
survey work related to gathering information about geo-
logic features and formations underlying or adjacent to
marine waters;
(b) "Marine waters" include the waters of Puget
Sound north to the Canadian border, the waters of the
Strait of Juan de Fuca, the waters between the western
boundary of the state and the ordinary high water mark,
and related bays and estuaries;
(c) "Vessel" includes ships, boats, barges, or any other
floating craft.
(2) A person desiring to perform oil or natural gas
exploration activities by vessel located on or within ma-
rine waters of the state shall first, obtain a permit from
the department of ecology. The department may approve
an application for a permit only if it determines that the
proposed activity will not:
(a) Interfere materially with the normal public uses of
the marine waters of the state;
(b) Interfere with activities authorized by a permit is-
sued under RCW 90.58.140(2);
(c) Injure the marine biota, beds, or tidelands of the
waters;
(d) Violate water quality standards established by the
department; or
(e) Create a public nuisance.
(3) Decisions on an application under subsection (2)
of this section are subject to review only by the pollution
control hearings board under chapter 43.21 B RCW.
(4) This section does not apply to activities eonducted
by an agency of the United States or the state of
Washington.
(5) This section does not lessen, reduce, or modify
RCW 90.58.160.
(6) The department may adopt rules necessary to im-
plement this section.
(7) The attorney general shall enforce this section.
[1983 c 138 l.J
Ocean resources management act: Chapter 43.143 RCW.
Transport of petroleum products: Chapter 88.40 RCW.
90.58.560 Oil or natural gas exploration—Viola-
tio� of RCW 90.58.550--Penalty Appeal. (1) A
person who violates RCW 90.58.550, or any rule
adopted thereunder, is subject to a penalty in an amount
of up to �ve thousand dollars a day for every such via
lation. Each and every such violation shall be a separate
and distinct offense, and in case of a continuing viola-
tion, every day's continuance shall be and be deemed to
be a separate and distinct violation. Every act of com-
mission or omission which procures, aids or abets in the
violation shall be considered a violation under the provi-
sions of this section and subject to the penalty provided
for in this section.
(2) The penalty shall be imposed by a notice in writ-
ing, either by certified mail with return receipt requested
(Title 90 RCW—p 81]
(1989 Fd.) I
90.58.560
Title 90 RCW: Water Rights Environmen�
or by personal service, to the person incurring the pen-
alty from the director or the director's representative
describing such violation with reasonable particularity.
The director or the director's representative may, upon
written application therefor received within fifteen days
after notice imposing any penalty is received by the per-
son incurring the penalty, and when deemed to carry out
the purposes of this chapter, remit or mitigate any pen-
alty provided for in this section upon such terms as he or
she deems proper, and shall have authority to ascertain
the facts upon all such applications in such manner and
under such regulations as he or she may deem proper.
(3) Any person incurring any penalty under this sec-
tion may appeal the penalty to the hearings board as
provided for in chapter 43.21B RCW. Such appeals shall
be filed within thirty days of receipt of notice imposing
any penalty unless an application for remission or miti-
gation is made to the department. When an application
for remission or mitigation is made, such appeals shall
be filed within thirty days of receipt of notice from the
director or the director's representative setting forth the
disposition of the application. Any penalty imposed un-
der this section shall become due and payable thirty
days after receipt of a notice imposing the same unless
application for remission or mitigation is made or an
appeal is filed. When an application for remission or
mitigation is made, any penalty incurred hereunder shall
become due and payable thirty days after receipt of na
tice setting forth the disposition of the application unless
an appeal is filed from such disposition. Whenever an
appeal of any penalty incurred under this section is �led,
the penalty shall become due and payable only upon
completion of all review proceedings and the issuance of
a�nal order confirming the penalty in whole or in part.
(4) If the amount of any penalty is not paid to the
department within thirty days after it becomes due and
payable, the attorney general, upon the request of the
director, shall bring an action in the name of the state of
Washington in the superior court of Thurston county or
of any county in which such violator may do business, to
recover such penalty. In all such actions the procedure
and rules of evidence shall be the same as an ordinary
civil action except as otherwise in this chapter provided.
All penalties recovered under this section shall be paid
into the state treasury and credited to the general fund.
[1983 c 138 2.]
90.58.570 Consultation before responding to federal
coastal zone management certificates. The department of
ecology shall consult with affected state agencies, local
governments, Indian tribes, and the public prior to re-
sponding to federal coastal zone management consis-
tency certi�cations for uses and activities occurring on
the federal outer continental shelf. [1989 lst ex.s. c 2§
15.]
Se�enbility-1989 lst ex.s. c 2: See RCW 43.143.902.
90.58.600 Conformance with chapter 43.97 RCW re-
quired. With respect to the National Scenic Area, as de-
fined in the Columbia [River] Gorge National Scenic
Area Act, P.L. 99-663, the exercise of any power or au-
thority by a local government or the department of ecol-
ogy pursuant to this chapter shall be subject to and in
conformity with the requirements of chapter 43.97
RCW, including the management plan regulations and
ordinances adopted by the Columbia River Gorge com-
mission pursuant to the Compact. [1987 c 499 10.]
90.58.900 Liberal construction-19 ex.s. c 286.
This chapter is exempted from the rule of strict con-
struction, and it shall be liberally construed to give full
effect to the objectives and purposes for which it was
enacted. [1971 ex.s. c 286 37.]
90.58.910 Severability 1971 ex.s. c 286. If any
provision of this chapter, or its application to any person
or legal entity or circumstances, is held invalid, the re-
mainder of the act, or the application of the provision to
other persons or legal entities or circumstances, shall not
be affected. 1971 ex.s. c 286 40.]
90.58.911 Severability 1983 c 138. If any provi-
sion of this act or its application to any person or cir-
cumstance is held invalid, the remainder of the act or
the application of the provision to other persons or cir-
cumstances is not affected. 1983 c 138 4.]
90.58.920 Effective date--1971 ex.s. c 286. This
chapter is necessary for the immediate preservation of
the public peace, health and safety, the support of the
state government, and its existing institutions. This 1971
act shall take effect on June 1, 1971. The director of
ecology is authorized to immediately take such steps as
are necessary to insure that this 1971 act is implemented
on its effective date. 1971 ex.s. c 286 41.]
90.58.930 Referendum to the people--197 ex.s. c
286--Determining if act continues in force and effect.
This 1971 act constitutes an alternative to Initiative 43.
The secretary of state is directed to place this 1971 act
on the ballot in conjunction with Initiative 43 at the next
ensuing regular election.
This 1971 act shall continue in force and effect until
the secretary of state certifies the election results on this
1971 act. If affirmatively approved at the ensuing regu-
lar general election, the act shall continue in effcct
thereafter. 1971 ex.s. c 286 42.]
Reviser's note: Chapter 90.58 RCW [1971 ex.s. c 286j was aPPr°"°d
and validated at the 1972 general election as Alternative Measurc 43B•
Chapter 90.62
ENVIRONMENTAL COORDINATION
PROCEDURES ACT
Sections
90.62.010 Legislative finding—Pu*Pos�s•
90.62.020 Definitions.
90.62.030 Thermal power plants exempt from chapte��
90.62.040 Master application for proposed project
tents—Notice to state agencus—ABEO�'
forms sent applicant—Return of forms to dcpan•
ment with local government certificacion.
�isev 5a)
('fitle 90 RCVV—p 82]
SUMMARY OF ORDINANCL NO. 90-38
of the City of Federal Way, Washington
On the 27th day of Februar� 1990, the City Council of
the City of Federal Way, passed Ordinance No. 90'38. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF TAE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A
SHORELINE MASTER PROGRAM FOR THE SHORELINES LOCATED WITHIN THE
CITY WITHIN THE JURISDICTION OF THE SHORELINE MANAGEMENT ACT OF
1971, RCW CHAPTER 90.58, AS THE SAME EXISTS OR MAY HEREAFTER BE
AMENDED, AND THE 5HORELINE MANAGEMENT GUIDELINES AS PROVIDED IN
WAC 173-14; ADOPTING A MASTER PROGRAM; ESTABLISHING SHORELINE
ENVIRONMENTS AND SHORELINE USE ACTIVITIES; ADOPTING RELATED
SHORELINE RULES AND REGULATIONS; AND ESTABLISHING AN EFFECTIVE
DATE.
The full text of the Ordinance will be mailed upon
request.
DATED this 28th day of February 1990.
CITY CLERK, DELORE A. MEAD
�onmental
90.62.050 Notice of proposed project—Publication
tents—Public hearing.
90.62.060 Public hearing—Procedure—Agency participa-
tion—Final decisions.
90.62.070 Withdrawal of agency from participation.
90.62.080 Board review of agency final decision, procedure—
pppeal of local government decision—Judicial
review.
90.62.090 Application, scope, construction of chapter—Contin-
uation of fee schedules—Collection.
90.62.100 Compliance with local zoning ordinances and plans—
Scope—Certification—Other laws not affected.
90.62.110 RUles—Authority—Cooperation enjoined.
90.62.120 Permit requirements information centers—Offices for
environmental permit applications—Procedures.
90.62.130 Modifications to master application—Authorized
Rules to set forth guidelines, limitations.
90.62.900 Report to legislature.
90.62.901 Conflicts with federal requirements—Compliance
with federal laws.
90.62.904 Liberal construction.
90.62.905 Short title.
90.62.906 Effective date-1973 lst ex.s. c 185.
90.62.907 Severability-1973 lst ex.s. c 185.
90.62.908 Severability- c 54.
90.62.010 Legislative finding Purposes. (1) It is
the sense of the legislature that the heavy burdens
placed upon persons proposing to undertake certain
types of projects in this state through requirements to
obtain numerous permits and related documents from
various state and local agencies are undesirable and
should be alleviated. The legislature further finds that
present methods for obtaining public views in relation to
applications to state and local agencies pertaining to
these projects are cumbersome and place undue hard-
ships on members of the public thereby thwarting the
public's ability to present such views.
(2) The purposes of this chapter are to:
(a) Provide for an optional procedure to assist those
who, in the course of satisfying the requirements of state
and local government prior to undertaking a project
which contemplates the use of the state's air, land, or
water resources, must obtain a number of permits, by
establishing a mechanism in state government which will
coordinate administrative decision—making procedures,
and related quasi judicial and judicial review, pertaining
to such documents.
(b) Provide to members of the public a better and
easier opportunity to present their views comprehen-
sively on proposed uses of natural resource and related
environmental matters prior to the making of decisions
on such uses by state or local agencies.
(c) Provide to members of the public who desire to
carry out the aforementioned projects within the state of
Washington a greater degree of certainty in terms of
permit requirements of state and local government and
when final decisions about the permits would be made.
(d) Provide better coordination and understanding be-
tween state and local agencies in the administration of
the various programs relating to air, water, and land
resources.
(e} Establish the opportunity for members of the pub-
lic to obtain information pertaining to requirements of
federal and state law which must be satisfied prior to
(1989 EdJ
AFFIDA VIT of PUBLICA TION
No.
STATE OF WASHINGTON
ss.
COUNTY OF KING
W i 11 i am C a s s e 1 ,being first duly sworn
on ooth deposes and says; That he is fhe
Marketing Director
of Federai Way News Robinson Communicafions, a tri-weekly newspaper which
is now and at all times herein mentioned has been published and printed in an office
maintained at the place of publication at Federal Way, King County, Washington; that by
order of the Superior Court of the State of Washington in and for King Gounty, said
newspoper is now and at all times mentioned herein has been approved as a legal
newspaper for the publication of any advertisemenf, notice, summons, report, proceed-
ings, or other officiol documenf required by law to be published; that said newspaper
wos published regularly, at least once each week, in the English language, as a news-
paper of general circulatior. in the Federol Way area, King County, Washington, at the
fime of applicofion to the aforementioned Superior CourT for approval as a legal news-
paper, and was so published for a least six months prior fo the date of said application,
and is now and at all times mentioned herein has been so published.
Thattheannexedisatruecopyofa Summary Of Ordinance NO.
90-38 by the City of Federal Way
as it was published in regular issues of said newspaper once each week foe a
On e consecutive weeks, commencing
period of
o�cne 2nd dayof March
19 9 and ending
ooine 2nddayof March 90 ,bothdates
Inclusive, and ihat said newspaper was r�egularly distributed to its subscribers and as a
newspaper of general circulation during ail of said period.
That the tull amount ot the fee charged for the foregoing publication is the
sum of S 2 3• 0 3 which amount has been paid in full.
i
8 t h day
Subscribed and sworn to before me this
March
ot
in and for the State of
Washington, residing at F�c�*�1�� Bur i en
RCF•9-1-83
CITY OF FEDERAL WAY
SHORELINE MANAGEMENT ORDINANCE
ERRATA
February 27, 1990
Number pages
Page 1. Line 1, Change "CHAPTER" to "TITLE".
Page 1. Section 24.30.10, Line 4, delete words "Planning and".
Page 1. Section 24.30.20, Line 2, delete words "Planning and".
Page 2. Section 24.40, Line 2, delete words "Planning and".
Page 4. Section 24.100 (B), revise sentence to read:
"A use or development, not conforming to existing regulations, which is destroyed
deteriorated, or damaged more than seventy-five percent (75%) of its present fair
market value may be reconstructed only consistent with regulations set forth in this
chapter."
KLS/04200227.MIS
1
TITLE 24 SHORELINE MANAGEMENT
24.10
24.20
Pur�ose and Authoritv
The City of Federal Way adopts these regulation under the authority of the
Shoreline Management Act of 1971, RCW 90.58, as amended, and the Shoreline
Management Guidelines, WAC 173-14.
Shoreline Master Prog �n
.10 The City adopts by reference the following portions of King County
Ordinance No. 3692,_ Shoreline Master Program (Goals, Objectives and
Policies); one copy of which is on file with the Office of the City Clerk:
A. Master Program Elements
B. Shoreline Environments
C. Shoreline Use Activities
.2Q The City adopts by reference portions of the King County Code, Title 25,
Shoreline Management as follows; one copy of which is on file with the City
Clerk:
Chapter 25.04, Purpose-Title-Scope
Chapter 25.08, Definitions
Chapter 25.12, Environm t Designations
Chapter 25.16, Urban En onment
Chapter 25.20, Rural En onment
Chapter 25.24, Conservan Environment
Chapter 25.28, Natural E vironment
24.30 Jurisdiction
.10 The provisions of this ch�
the areas defined as sY
statewide significance in
these shorelines shall be
of Community DevelopII
be responsible for detei
permit is filed.
.20 No development shall be
state without obtaining
shall apply to all development proposed within
nes in RCW 90.58.020(d), and shorelines of
JV 90.58.030(e). The appro�mate location of
�ated on maps maintained by the Department
however, the properiy owner or applicant shall
i� the exact location of the shoreline when a
;rtaken by any person on the shorelines of the
substantial development permit from the
lJ
A�nlication and Public Notice
2
Department of Community Dev lopment; provided, that a permit shall not
be required for development e empted from the defuution of substantial
development in RCW 90.58.03 and for developments exempted by RCW
90.58.140(9) and (10).
24.40
An application for a substantial c
Department of Community Develop�
Upon submittal of a complete applic�
instruct the applicant to publish no1
on the same day of the week for two
circulation within the City. The a�
notice as prescribed in Chapter 15Q
;velopment permit shall be made to the
ent on forms prescn�ed by the Department.
ion, and required fees, the Department shall
�es of the application at least once a week
:onsecutive weeks in a newspaper of general
plicant shall also provide additional public
Process II of the Zoning Code.
24.50 Procedure for Review
The substantial development p
Chapter 145, Process I of the
Development shall be the �nal
24.60 Shoreline Variance
.10 The purpose of a shoreline
dimensional or performance
Program, and where there is an
to the property such that the s
Program would impose unnece
policies of the Shoreline Man�
shall be reviewed under the provisions of
ig Code, and the Director of Community
�val authority for the permit.
nce is to grant relief to specific bulk,
ards set forth in the Shoreline Master
�ordinary or unique circumstance relating
implementation of the Shoreline Master
hardship on the applicant or thwart the
ent Act.
.20 When a variance is requested, the substantial development permit and the
variance shall be reviewed un r the provisions of Chapter 150, Process II
of the Zoning Code, and the earing Examiner shall be the final approval
authority.
.30 A variance from the standards
when the applicant can demo
apply:
the Master Program may be granted only
�ate that all the following conditions will
3
A. That the strict requirements
standards set forth in the r
interferes with a reasonable u
by the Master Program;
the bulk, dimensional or performance
�ter Program precludes or significantly
of the property not otherwise prohibited
B. That the hardship descn'bed ove is specifically related to the property,
and is the result of unique co ditions such as inegular lot shape, size, or
natural features, and the appl cation of the Master Program, and not for
example, from deed restrictio or the applicant's own actions;
C. That the design of the prc
activities in the ar.ea and
properties or the shoreline
will be compah'ble with other permitted
not cause adverse effects to adjacent
D. That the variance author
privilege not enjoyed by
necessary to afford relief;
E. That the public interest v�
F. That the public rights of r.
adversely affected by the g
development located wate�
marshes, bogs or swamps.
does not constitute a grant of special
properties, and will be the minimum
suffer no substantial detrimental effect.
:ion and use of the shorelines will not be
g of the variance when the proposal is for
of the ordinary high water mark, or within
G. That consideration has b en given to the cumulative effect of like
actions in an area where imilar circumstances exist, and whether this
cumulative effect would b consistent with shoreline policies or would
have substantial adverse ects on the shoreline.
.40 Shoreline variances may not
prohibited in an environm�
environmental designation.
24.70 Conditional Uses
.10 Conditional use permits are a
the application of the use reg
manner wlvch will be consiste
where denial of the applicati
Management Act.
used to permit a use that is specifically
or to vary uses permitted within an
�wed to provide greater flexi'bility in varying
ations of the Shoreline Master Program in a
with the policies of RCW 90.28, particularly
i would thwart the policies of the Shoreline
C�
4
.20 When a conditional use is re
the conditional use shall be
Process III of the Zoning
approval authority.
.30 Conditional uses have unique
special degree of control to ma]
permitted uses in the same envi
public interest. In authorizing
may be attached to the permit
effects or mitigate environment
.40 Conditional use permits shall
with the following criteria:
i, the substantial development permit and
�ed under the provisions of Chapter 155,
and the City Council shall be the final
d special characteristics which require a
the uses compatible with other existing or
nment, and to assure that the use is in the
conditional use permit, special conditions
the City Council to prevent undesirable
impacts of the proposed use.
authorized only when they are consistent
A. The proposed use is consi tent with the policies of RCW 90.58.020 and
the policies of the master program;
r-
B. 'The use will not interfere
C. The use will cause no un�
sunounding properties or
uses in the area;
D. That the public interest
E. That consideration has b
request for like actions in
normal public use of surface waters.
3ble adverse effects on the shoreline or
and is compatible with other permitted
suffer no substantial detrimental effec�
given to cumulative impact of additional
area.
.50 Other uses not set forth in the horeline Master Program may be authorized
through a conditional use pe 't if the applicant can demonstrate that
extraordinary circumstances pre lude reasonable use of the property, however,
uses specif'ically prohibited by e Master Program may not be authorized.
.10 The Director of the Depart.
shall notify the following a�
approval of a substantial
conditional uses granted:
rt of Planning and Community Development
;ies or persons within five days of the final
welopment permit and any variances or
S
A. The applicant;
B. The Washington State Department of Ecology;
C. The Washington State Attorney General;
D. Any person who has submitted written comments on the application.
E. Any person who has requested notification in writing prior to final
approval of the permit.
.20 No work may commence on a site requiring a substantial development permit
until 30 days following the date of receipt of the substantial development
permit by the Washington State Department of Ecology, and written
notification has been received from the Department of Ecology that the
review period has been completed.
24.90 Combined Hearin� Authority
In those cases when development proposed in the shorelines may require a public
hearing under the authority of other chapters of the Municipal Code, the hearings
may be combined.
24.100 Alteration or Reconstruction of Nonconforming Use or Development
A. Applications for substantial development or building permits to modify a
nonconforming use or development may be approved only if:
1. The modifications will make the use or development less nonconforming; or
2. The modifications will not make the use or development more
nonconforming.
B. A use or development, not conforming to existing regularions, which is
destroyed, deteriorated, or damaged more than 75% of its fair market value
at present may be reconstructed only consistent with regulations set forth in
this chapter.
FINAL DRAFT, FEBRUARY 27, 1990
CHAPTER 24 SHORELINE MANAGEMENT
24.10
24.20
Purpose and Authoritv
The City of Federal Way adopts these regt►lation under the authority of the Shoreline
Management Act of 1971, RCW 90.58, as amended, and the Shoreline Management
Guidelines, WAC 173-14.
Shoreline Master Program
.10 The City adopts by reference the following portions of King County Ordinance No.
3692, Shoreline Master Program (GoaLs, Objectives and Policies); one copy of which
is on file with the Office of the City Clerk:
A. Master Program Elements
B. Shoreline Environments
C. Shoreline Use Activities
.20 The City adopts by reference portions of the King County Code, Title 25, Shoreline
Management as follows; one copy of which is on file with the City Clerk:
Chapter 25.04, Purpose-Title-Scope
Chapter 25.08, De�nitions
Chapter 25.12, Environment Designations
Chapter 25.16, Urban Environment
Chapter 25.20, Rural Environment
Chapter 25.24, Conseivancy Environment
Chapter 25.28, Natural Environment
24.30
Jurisdiction
.10 The provisions of this chapter shall apply to all development ptopc�ed within the
areas deFned as shorelines in RCW 90.58.020(d), and shorelines of statewide
significance in RCW 90.58.030(e). The approximate location of these shorelines shall
be designated on maps maintained by the Department of Planning and Community
Development; however, the property owner or applicant shall be responsible for
determining the exact location of the shoreline when a permit is filed.
.20 No development shall be undertaken by any person on the shorelines of the state
without obtaining a substantial development permit from the Department of Planning
and Community Development; provided, that a permit shall not be required for
development exempted from the de�nition of substantial development in RCW
90.58.030 and for developments exempted by RCW 90.58.140(9) and (10).
EXHIBIT "A°
24.40 Annlication and Public Notice
An application for a substantial development permit shall be made to the Department of
Planning and Community Development on forms prescribed by the Department. �Upon
submittal of a complete application, and required fees, the Department shall instruct the
applicant to publish notices of the application at least once a week on the same day of
the week for two consecutive weeks in a newspaper of general circulation within the City.
The applicant shall also provide additional public notice as prescribed in Chapter 150,
Process II of the Zoning Code.
24.50 Procedure for Review
The substantial development permit shall be reviewed under the provisions of Chapter
145, Process I of the Zoning Code, and the Director of Community Development shall
be the final approval authority for the permit.
24.60 Shoreline Variance
.10 The purpose of a shoreline variance is to grant relief to spec'if'ic bulk, dimensional
or performance standards set forth in the Shoreline Master Program, and 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 Ac�
.20 When a variance is requested, the substantial development permit and the variance
shall be reviewed under the provisions of Chapter 150, Process II of the Zoning
Code, and the Hearing Fxaminer shall be the final approval authority.
.30 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 precludes or significantly interferes with a
reasonable use of the properry not otherwise prohibited by the Master Program;
B. That the hardsh;p 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 applicanYs 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;
and
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
marshes, bogs or swamps.
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.
.40 Shoreline variances may not be used to permit a use that is specifically prolu'bited
in an environment, or to vary uses permitted within an environmental designation.
24.70 Conditional Uses
.10 Conditional use permits are allowed to provide greater tlexibility in varying the
application of the use regulations of the Shoreline Master Program in a manner
which will be consistent with the palicies of RCW 90.28, particularly where denial
of the application would thwart the policies of the Shoreline Management Act.
.20 When a conditional use is requested, the substantial development permit and the
conditional use shall be reviewed under the provisions of Chapter 155, Process III
of the Zoning Code, and the City Council shall be the final approval authority.
.30 Conditional uses have unique and special characteristics which require a special
degree of control to make the uses compatible with other e�sting 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 City Council to prevent undesirable effects or mitigate environmental
impacts of the proposed use.
.40 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 master program;
B. The use will not interfere with normal public use of surface waters.
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. That the public interest will suffer no substantial detrimental effect.
E. That consideration has been given to cumulative impact of additional request for
like actions in the area.
.SO Other uses not set forth in the Shoreline Master Program may be authorized through
a conditional use permit if the applicant can demonstrate that eactraordinary
circumstances preclude reasonable use of the properry, however, uses speci�cally
prohibited by the Master Program may not be authorized.
24.80 Final Approval of Substantial Development Permits
.10 The Director of the Department of Planning and Community Development shall
notify the following agencies or persons within five days of the final approval of a
substantial development permit and any variances or conditional uses granted:
A. The applicant;
B. The Washington State Department of Ecology;
C. The Washington State Attorney General;
D. Any person who has submitted written comments on the application.
E. Any person who has requested not'if'ication in writing prior to final approval of
the permit.
.20 No work may commence on a site requiring a substantial development permit until
30 days following the date of receipt of the substantial development permit by the
Washington State Department of Ecology, and written notification has been received
from the Department of Ecology that the review period has been completed.
24.90 Combined Hearin� Authoritv
In those cases when development proposed in the shorelines may require a public hearing
under the authority of other chapters of the Municipal Code, the hearings may be
combined.
24.100 Alteration or Reconstruction of Nonconforming Use or Develonment
A. Applications for substantial development or building permits to modify a nonconforming
use or development may be approved only if:
1. The modifications will make the use or development less nonconforming; or
2. The modifications will not make the use or development more nonconforming.
B. A use or development, not conforming to e�sting regulations, which is destroyed,
deteriorated, or damaged more than of its fair market value at present seventy-five
percent may be reconstructed only consistent with regulations set forth in Chapter 165
of the Zoning Code.
Mayor
Debbie Ertel
Interim City Manager
Allen Locke
CITY OF
FEDERAL V�AY
31132 28th Avenue South
P.O. Box 8057
Federal Way, WA 98003-8057
(206) 941-1696
\
March 5, 1990
Department of Ecology
State of Washington
MS PV-11
Olympia, WA 98504
Attn: Kathy Charlee
Re: City of Federal Way Ordinance No. 90-38
"Adopting Shoreline Master Program"
Dear Ms. Charlee:
Pursuant to RCW 90.58, please find copy of the above-
referenced Ordinance for your approval. Please advise
the City when such approval h:as been finalized.
Thank you for your courtesies.
Yours very truly,
CITY OF FEDERAL WAY
9 ��-�:GG-l/u
cx
Delores A. Mead, CMC
City Clerk
DM:cg
Enclosure
cc: City Attorney
City Manager
Mayor
Coundl Members
Mary Gates
Jim Handmacher
Joel �tarks
Bob Stead
Lynn Templecon
Jim Webster