HomeMy WebLinkAboutres2009-020 WHATCOM COUNTY COUNCIL AGENDA BILL NO. ?008- 303c
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: (.( t - b -q 2 / 10 / 09 NR/ Introduce
Peter Gill �( rl
Division Head: \1 J �
Oliver Groh � 2 / 24 / 09 _ Hearin :
Da Head: /e
David �/� FEB ? 2009 3 / 17 / 09 Council
Prosecutor: vyy--; /
Royce Buckingham) / ( • 3d G G( � �lAI C ` COUNTY
TY KarenFrakes
Purchasing/Budget: COUNCIL
Executive: OP 40 o/Pete Kremen •
_
TITLE OF DO MENT:
Resolution amending the Shoreline Management Program
ATTACHMENTS:
Potential amendments to the Shoreline Management Program and cover letter to Natural Resource Committee.
SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( X. ) Yes ( ) NO
SEPA review completed? ( ) Yes ( x ) NO Requested Date: CJ $
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
As requested at the January 27, 2009 Natural Resources Committee meeting, we will be presenting code modifications to
the Shoreline Management Program (effective Aug. 8, 2008). The amendments are intended to address public concerns
over damage to non-conforming structures, the 2500 sqft buildable area on non-conforming lots, and Department of
Ecology changes to the Cherry Point Management Area and defmitions. These issues were raised at the Natural Resource
Committee on Oct. 21 , 2008 through proposed resolution AB2008- 351 . i
The proposed amendments have been posted to Shorelines web site for public review. The amendments have received
input from the Citizens Advisory Committee and the Natural Resource Committee in January. Following Natural
Resources Committee review and input, this resolution can be introduced at the February 10, 2009 Council meeting.
COMMITTEE ACTION: COUNCIL ACTION:
September 9, 2008 — Further discussion of Ecology 2 / 10 / 2009 : Introduced substitute version
changes and hear public comment 2 / 24 / 2009 : Action to be scheduled for a
October 21, 2008 — Request for amendments pursuant later date
to Ecology changes and public comment 3 / 17 / 2009 : Council Approved 7 - 0
December 9, 2008 — Input on draft amendments Res . 2009 -020
January 27, 2009 — Input on draft amendments
2 / 10 / 2009 : Discussed and amended and
recommended for introduction as amended .
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Res . 2009 -020
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County 's website at: www. co. whatcom. wa. us/council.
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INTRODUCTION DATE : 2 / 10 / 09
Resolution NO . 2009 -020
A WHATCOM COUNTY RESOLUTION, DECLARING THE COUNCIL'S
APPROVAL AND INTENTION TO ADOPT THE FEBRUARY 10, 2009
AMENDMENTS TO WHATCOM COUNTY CODE, TITLE 23 — SHORELINE
MANAGEMENT PROGRAM ;
WHEREAS, the Washington State Legislature passed the Shoreline
Management Act ( SMA) in 1971 requiring counties and cities to adopt and
administer local shoreline management programs to carry out the provisions
of the Act ; and
WHEREAS, the Whatcom County Shoreline Management Program
( WCC , Title 23 [ SMP] ) was originally adopted on May 27 , 1976 and approved
by the Department of Ecology on August 27 , 1976 ; and
WHEREAS, in 1995 the State Legislature directed the Washington
State Department of Ecology to update the Shoreline Management Program
Guidelines ( WAC 173 - 26 ) , which serve as the standards and guidance that
local governments must follow in drafting local shoreline management
programs ; and
WHEREAS, in December 2003 , the Department of Ecology adopted
new , revised Shoreline Guidelines ( WAC 173 - 26 ) ; and
WHEREAS, pursuant to RCW 90 . 58 . 080 , Whatcom County was
required to review and update its existing 1998 Shoreline Management
Program to ensure conformance with the required elements of the 2003
Shoreline Guidelines ; and
WHEREAS, Whatcom County passed Ordinance # 2007 - 017 adopting
the Shoreline Management Program amendment on February 27 , 2007 ; and
WHEREAS, on August 8 , 2008 the State Department of Ecology
approved the Whatcom County Shoreline Management Program with
changes , per WAC 173 - 26 - 120 ; and ,
WHEREAS, significant public comments were heard following
Washington State Department of Ecology approval that resulted in the
proposed amendments ; and
1 of
WHEREAS, comments were solicited from federal , state , local ,
regional and tribal interests in accordance with Chapter 90 . 58 . 130 RCW ; and
WHEREAS , on November 26 , 2008 , draft amendments to the County
Shoreline Management Program were sent to the Department of Ecology for
comment in accordance with WAC 173 - 26 - 100 ( 5 ) , a meeting was held on
December 19 , 2008 to discuss potential amendments , and on Dec . 18 and
Jan . 2 , 2009 , Ecology provided the County with comments ; and ,
WHEREAS , on December 3 , 2008 , draft amendments to the County
Shoreline Management Program were sent to the Department of Community ,
Trade and Economic Development in accordance with WAC 173 - 26 - 100 ( 5 )
and RCW 36 . 70A . 106 ; and ,
WHEREAS , the County Shoreline Citizens Advisory Committee
provided input to the draft amendments at a public meeting on January 7 ,
2009 ; and ,
WHEREAS , the Whatcom County Natural Resources Committee held
public meetings on December 2 , 2008 , February 10 , 2009 , and January 27 ,
2009 to review the proposed shoreline master program amendments ; and ,
WHEREAS , as a result of these meetings , revisions recommended by
the public , commenting agencies and the Department of Ecology were
incorporated into the proposed shoreline master program amendments ; and ,
WHEREAS, the Whatcom County Natural Resource Committee
recommended approval of the proposed amendments on Tuesday February
10 , 2009 ; and
WHEREAS, the revised shoreline master program was formally
considered by the County Council during a public hearing held on February
24 , 2009 , as advertised in accordance with WAC 173 - 26- 100 ; and ,
WHEREAS, pursuant to RCW 36 . 70 . 390 , legal notice was published in
the Bellingham Herald on February 14, 2009 ; and
WHEREAS , the Whatcom County Council finds the amendments to be
in the best interest of the public health , safety and welfare ; and
WHEREAS, the County Council directed the Planning Department to
send the proposed shoreline master program amendments and supporting
materials, consistent with WAC 173 - 26 - 110 submittal requirements, to
Ecology for its review and adoption .
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NOW THEREFORE, BE IT RESOLVED by the Whatcom County Council as
follows :
1 ) The Whatcom County Council approves the February 10 , 2009 shoreline
master program amendments that are attached to this resolution and
incorporated herein by reference , with the understanding that in accordance
with RCW . 90 . 58 . 190 ( 3 ) , the proposed shoreline master program
amendments will become effective locally immediately upon formal State
Department of Ecology adoption ; and ,
2 ) If Ecology adopts the amendments, the Whatcom County Council intends
to adopt ( and codify ) , by ordinance , the subject shoreline master program
amendments .
APPROVED this 17th day of March , 2009 .
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WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM
3 . National Environmental Policy Act of 1969 , (NEPA)
4. Coastal Zone Management Act of 1972 , as amended
5. Federal Water Pollution Control Act, as amended
6. Flood Insurance Act of 1968 , as amended
7. Clean Air Act, as amended
8. Endangered Species Act ( ESA)
23.50 .04 Application within Federal Reserves
A. The shoreline permit procedures , policies and regulations established in this Program
shall apply to development or use of shorelines of the state within National Forests,
National Parks and National Recreation Areas by persons other than federal agencies .
B . As recognized by RCW 90 .58.350, the provisions of this Program shall not apply to
lands held in trust by the United States for Indian Nations, tribes or individuals .
23.50.05 Program Effects on Property Values
A. As provided for in RCW 90 .58.290, the restrictions imposed upon use of real property
through implementation of policies and regulations of the Act and this Program shall be
duly considered by the County Assessor and the County Board of Equalization in
establishing the fair market value of such properties.
B . Designation of private property as a Natural or Conservancy shoreline area pursuant to
Chapter 3 shall qualify the property as meeting the definition of "open space land" under
the Open Space Taxation Act of 1970 , as amended ( RCW 84. 34.020( 1 )) and shall
qualify such land for application for Open Space Taxation in accordance with RCW
84 . 34 .37 and WCC 3 .28.
23.50.06 Hazardous Substance Remedial Actions
The procedural requirements of RCW 90 .58 shall not apply to a project for which a consent
decree , order, or agreed order has been issued pursuant to RCW 70. 105D or to the Department
of Ecology when it conducts a remedial action under RCW 70. 105D. The Department of
Ecology shall , in consultation with the Administrator, assure that such projects comply with the
substantive requirements of RCW 90 .58, WAC 173-26 and this Program .
23.50.07 Non-conforming Development
The following provisions shall apply to lawfully established uses, buildings and/or structures that
do not meet the specific standards of this Program .
A. The lawfully established use of any building , structure, land or premises existing on the
effective date of initial adoption of the Program (August 27 , 1976), or any subsequent
amendment thereto or authorized under a permit or approval issued , or otherwise
vested , prior to the effective date of initial adoption of the Program or any subsequent
amendment thereafter shall be considered nonconforming and may be continued ,
subject to the provisions of this section ; provided that, agricultural activities shall
conform to WCC 16 . 16 .290 ; provided further that, bulkheads shall conform to SMP
23. 100 . 13 .
36
CHAPTER 5 — APPLICABILITY AND NON-CONFORMING USES
B . An existing use designated as a conditional use that lawfully existed prior to the adoption
of this Program or the adoption of an applicable amendment hereto and which has not
obtained a conditional use permit shall be considered a legal non-conforming use and
may be continued subject to the provisions of this section without obtaining a conditional
use permit.
C. A structure for which a variance has been issued but which does not comply with
applicable requirements of this Program as amended shall be considered a legal non-
conforming structure and the requirements of this section shall apply.
D . Non-conforming structures may be maintained , repaired , renovated , or remodeled to the
extent that non-conformance with the standards and regulations of this Program is not
increased , provided that a non-conforming development that is moved any distance
must be brought into conformance with this Program and the Act; provided further, that
as a conditional use a non-conforming dock may be modified , reoriented or altered
within the same general location to be more consistent with the provisions of this SMP.
E . Non-conforming structures, other than single family residences and their appurtenances,
that are expanded or enlarged must obtain a variance or be brought into conformance
with this Program and the Act; provided that, _ - e ° e • • • _ -m'__
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non-conforming structures with conforming uses within commercial
or mixed-use developments may be expanded or enlarged within the existing building
footprint as a conditional use pursuant to Ch SMP 23 . 100 .05 . B . 1 (e).
F . Non-conforming structures, (including accessory structures) that are damaged or
destroyed by fire , explosion , flood , or other casualty may be restored or replaced in kind
Program; provided that, .
1 . The single family residence or accessory structure to be restored or replaced , is
not in a hazardous area , and Tthe permit process is commenced
within eighteen ( 18) months of the date of such damage; and the reconstruction
does not expand , enlarge, or otherwise increase the non-conformity, except as
provided for in subsection ( H) and ( I ) below; provided that, a structure can be
replaced or restored in a coastal high hazard area subject to all applicable
Whatcom County building and development codes .
2 . Non-conforming uses can be replaced in kind if there is no feasible alternative
that allows for compliance with the provisions of this Program , and the
permit process is commenced within ( 18) months of the date of such damage ,
and Tthe reconstruction does not expand , enlarge , or otherwise increase the
non-conformity, except as provided for in subsection (E) above or ( H ) and ( I )
below.
G . If a non-agricultural non-conforming use is intentionally abandoned for a period of twelve
( 12) months or more , then any future use of the non-conforming building , land or
premises shall be consistent with the provisions of this Program .
H . Replacement of any non-conforming structures or buildings or portions thereof within the
Aquatic shoreline area shall comply with Program requirements for materials that come
in contact with the water pursuant to SMP 23 .90 .04 . B .5 ; provided that, replacement of
37
WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM
existing wood pilings with chemically treated wood is allowed for maintenance purposes
where use of a different material such as steel or concrete would result in unreasonable
or unsafe structural complications; further provided that, where such replacement
exceeds twenty percent (20% ) of the existing pilings over a ten ( 10) year period , such
pilings shall conform to the standard provisions of this section .
Enlargement or expansion of single family residences by the addition of space to the
main structure or by the addition of normal appurtenances as defined in Chapter 11 , that
extend waterward of the existing primary residential foundation walls, further into a
critical area (excluding the buffers of the critical areas), further into the minimum required
side yard setback, or that increase the structure height above the limits established by
this Program shall require a variance; provided that, expansion of non-conforming single
family residences other than that specified in this section ( I ), may be expanded without a
variance where the provisions of SMP 23 .50.07(J) or (K) apply.
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2 . The enlargement, expansion or addition shall not extend either further waterward
16. 16 than the existing structure . Encroachments that extend waterward of the
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J. The enlargement or expansion of single family residences by the addition of space to the
exterior of the main structure or normal appurtenances is permitted without a conditional
use permit or variance once during the life of the structure . The structure shall be
located landward of the ordinary high water mark, and any expansion of the footprint is
landward of the existing building footprint, (not in the side yard) and any vertical
expansion is within the existing buildinq footprint; provided that the following conditions
are met:
1 . Enlargements, expansions or additions that increase the existing primary
structure , or normal appurtenances by up to 250 square feet of gross floor area
shall be allowed provided the expansion or addition will occur on a previously
impacted impervious surface and the expansion is not waterward of the common-
line setback as defined in appendix F .
2 . Enlargements, expansions or additions that increase the total footprint of the
existing primary structure , or normal appurtenances by 250 - 500 square feet of
gross floor area shall be allowed provided that the addition will occur on a
previously impacted impervious surface and the expansion is not waterward of
38
CHAPTER 5 — APPLICABILITY AND NON-CONFORMING USES
the common-line setback as defined in appendix F; further provided , that the
shoreline is enhanced by the equivalent area of building footprint that is
expanded . If enhanced through planting , the Administrator shall require a
vegetation management plan consistent with 23.90 .06. B(2).
K. The Administrator shall require a conditional use permit if the enlargement or expansion
of single family residences by the addition of space to the exterior of the main structures
or normal appurtenances is in excess of those allowances provided in SMP 23 .50.07.J .
Lk A structure that is being or has been used for a non-conforming use may be used for a
different non-conforming use only upon the approval of a conditional use permit. In
addition to the conditional use criteria of SMP 23 .60.04 , before approving a conditional
use for a change in non-conforming use , the Hearing Examiner shall also find that:
1 . No reasonable alternative conforming use is practical because of the
configuration of the structure and/or the property;
2 . The proposed use will be at least as consistent with the policies and provisions of
the Act and this Program and as compatible with the uses in the area as the
preexisting use;
3 . The use or activity is enlarged , intensified , increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
4 . The structure(s) associated with the non-conforming use shall not be expanded
in a manner that increases the extent of the non-conformity including
encroachment into areas , such as setbacks , and any critical areas and/or
associated buffers established by WCC 16 . 16 , where new structures,
development or use would not be allowed ;
5. The vegetation conservation standards of SMP 23 . 90 .06 . B .3 are met;
6 . The change in use, remodel or expansion will not create adverse impacts to
shoreline ecological functions and/or processes; and
7 . Uses which are specifically prohibited or which would thwart the intent of the Act
or this Program shall not be authorized .
M . Conforming lots have a building area of more than 2 ,500 square feet available for a
single family residence and normal appurtenances and unrestricted by setbacks or
buffers from shorelines shall comply with the provisions of this Program .
N . Where permitted according to shoreline area designations (SMP Table 23. 100 .01 ), new
single family development on any legal lot in shoreline jurisdiction that is nonconforming
with respect to the required shoreline buffer standards may be allowed without a
shoreline variance when all of the following criteria are met:
1 . The depth of the lot (the distance from the ordinary high water mark to the inside
edge of the frontage setback) is equal to or less than the standard buffer as indicated
in WCC 16. 16 ; and ,
39
WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM
2 . The building area is twenty five hundred (2 ,500) square feet or less, provided that
appropriate measures are taken to mitigate all adverse impacts, including but not
limited to locating the residence in the least environmentally damaging location
relative to the shoreline. The building area means the entire area that will be
disturbed to construct the home, normal appurtenances (except on-site sewaqe
systems), and landscaping . Building area does not include the sideyard and
frontage setback provided that administrative reductions to sideyard and/or frontage
setbacks shall be pursued when doing so will not create a hazardous condition or a
condition that is inconsistent with this Program and Title 20; and ,
3. All single family residences approved under this section shall not extend waterward
of the common-line setback as measured in accordance with Appendix F ; and ,
4. The lot is not subject to landslide hazard areas, alluvial fan hazard areas, or riverine
and coastal erosion hazard areas or associated buffers as provided in WCC
16 . 16 .310; and ,
5 . The nonconforming lot was created prior to August 8, 2008; and ,
6 . There is no opportunity to consolidate lots under common ownership that will
alleviate the nonconformity; and ,
7. The area between the structure and the shoreline shall comply with the vegetation
conservation standards of SMP 23 .90 .06. B .3; and
8. Development may not take place waterward of the ordinary high water mark; and ,
9. On-site sewage systems may be allowed within critical areas and their buffers,
excluding actual water bodies such as wetlands, streams and lakes, outside of the
building area specified above , subject to specific criteria in WCC 16 . 16.
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3. The area between the structure and the shoreline and/or critical area shall
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40
CHAPTER 5 - APPLICABILITY AND NON-CONFORMING USES
O . Redevelopment of non-conforming right-of-ways and associated transportation
structures, such as railroad trestles, may be permitted for purposes of facilitating the
development of public trails and/or public shoreline access; provided that, such
redevelopment shall be otherwise consistent with the provisions of this Program ,
including but not limited to the provisions for public access and no net loss of shoreline
ecological functions and processes, except as provided for in subsections ( E) and ( H )
above .
23.50 .08 Property Rights
A. Decisions on shoreline permits and/or approvals shall recognize all relevant
constitutional and other legal limitations on the regulation of private property. Findings
shall assure that conditions imposed relate to the governmental authority and
responsibility to protect the public health , safety, and welfare, are consistent with the
purposes of the Act, and are roughly proportional to the expected impact.
B . This Program does not alter existing law on access to or trespass on private property
and does not give the general public any right to enter private property without the
owner's permission .
C . Consistent with Whatcom County's high standard of staff conduct, County staff observe
all applicable Federal and State laws regarding entry onto privately owned property.
41
CHAPTER 10 — SHORELINE USE AND DEVELOPMENT
SMP Table 23. 100.01Shoreline Use by Area Designation
V Y c f 4 • 4.v U e . S$ S 9 ft .S
Shore I1 eiUses : , . Shorelrneo;, lreaU.D signat o°ti,
Urban Urban Urban Shoreline Rural , Resource ; Conservancy ; Natural Aquatic�b� Cherry '
• Resort Conservancy Residential Point
Agrieultitre `. _:
I p�-� I X I p(-) I pH I P I � I P I p '+) I X I
xAquacultura _ r , , _. ,..• P . p�+) P p(+) p(+) < P , P p(+) P -�_ , .
Commercial salmon X(*) X(*) X(*) X(*) X(*) X(*) X(*) X(*) X(*)
net pen facilities
N
Boating Facilities,- ° � . ". .. .
Launch Ramps P P P P P � P P X(*) P
Marinas P P C P P P C . X P
Covered over-water N/A N/A N/A N/A N/A N/A N/A N/A P(+) P(+)
structures
, . ? r - sx o A
Con riierciai �: .
Water-oriented P pH CH P P pH C(-) X X(*)
commercial
Nonwater-oriented C CH Ce.) C C C(-) CH X X
commercial
I C I C I C I C I c I £ C I � I X(*) I ` ` C(*) � X(*)
Esser Iui tPt bIIc F ciIItiesr � ,_z, . �
I C I. : C I C I C . � .I C I C . I . C I X I �C I
%,Flood Control and" nstrea'm:Structures '` r;
P P P P P P .. GP X P
Channelization or
dams for flood P P X P C C X X P
control
Farah areticesl i
X I X I X I X I P I P I P I C I X
- `Ftnil ii itriail;and Porth . ' . � ` . , . ,. Y . . . _
d
Water-oriented
industrial and port P X (*) X X pH PH / C X X P / CH PH (+)
development
Nonwater-oriented
industrial and port C X X X C CH X X X X
development ,
Dams, diversion and C X C C C C C X P
103
WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM
a. The County shall require professionally engineered design of any proposed flood control
works or instream structure.
b. The design of all dams and the suitability of the proposed site for dam construction shall
be certified by a professional engineer licensed in the State of Washington . The
professional design shall include a maintenance schedule.
c. For all dams that are not regulated by either the Federal Energy Regulatory Commission
licensing procedures , or the State Department of Ecology reservoir permit requirements,
a maintenance agreement and construction bond for one-hundred-fifty percent ( 150%) of
the cost of the structure shall be filed with the Director of the Public Works Department
prior to construction . The maintenance agreement shall specify who is responsible for
maintenance, shall incorporate the maintenance schedule specified by the design
engineer, shall require annual inspections by a Civil Engineer licensed in the State of
Washington and shall stipulate abandonment procedures which shall include, where
appropriate, provisions for site restoration .
d . No flood control works or instream structure may commence without the developer
having obtained all applicable federal , state, and local permits and approvals, including
but not limited to an HPA from the State Department of Fish and Wildlife .
23. 100.06.0 Flood Control Works and Instream Structures — Shoreline Area
Regulations
1 . Urban : Flood control works and instream structures are permitted subject to policies and
regulations of this Program . .
2 . Urban Resort: Flood control works and instream structures are permitted subject to
policies and regulations of this Program .
3 . Urban Conservancy: Flood control works and instream structures are permitted subject
to policies and regulations of this Program ; provided that, channelization or dams for
flood control are prohibited .
4 . Shoreline Residential : Flood control works and instream structures are permitted subject
to policies and regulations of this Program .
5 . Rural : Flood control works and instream structures are permitted subject to policies and
regulations of this Program ; provided that, channelization or dams for flood control may
be permitted as a conditional use.
6 . Resource: Flood control works and instream structures are permitted subject to policies
and regulations of this Program ; provided that, channelization or dams for flood control
may be permitted as a conditional use .
7 . Conservancy: Flood control works and instream structures are permitted
use-subject to policies and regulations ; provided that, channelization or dams for flood
control are prohibited .
8. Natural : Flood control works and instream structures are prohibited except for normal
maintenance and repair.
133
CHAPTER 10 - CHERRY POINT MANAGEMENT AREA
Facilities that allow for multiple use of piers, cargo handling , storage, parking and other
accessory facilities are encouraged .
23. 100. 17.A.4 Public Access
a. Where appropriate , industrial and port development within the Cherry Point Management
Area should provide public beach and shoreline access in a manner that does not cause
interference with facility operations or present hazards to life and property. This may be
accomplished through individual action or by joint, coordinated action with other
developers and landowners, for example , by setting aside a common public access
area .
b. Special emphasis should be given to providing public beach and shoreline access for
recreational opportunities including but not limited to crabbing , small craft launching , surf
fishing , picnicking , clamming , and beach walking .
c. Public access within the Cherry Point Management Area should be consistent with the
Whatcom County Parks and Recreation Open Space Plan .
23. 100. 17A.5 Shoreline Ecological Functions and Processes
In recognition of the diverse and vital ecological resources in the Cherry Point Management
Area , consideration of probable effects of all development proposals on shoreline ecological
functions and processes should be assessed with the other long term statewide interests.-New
port development that requires dredge and fill should not be permitted in the Cherry Point
Management Area due to potential adverse effects on ecological functions , including fish and
shellfish habitat and geo-hydraulic processes.
23. 100 . 17 .A.6 Aesthetics
All development should be designed to avoid or minimize negative visual impacts on the scenic
character of the area and to ensure visual compatibility with adjacent non-industrial zoned
properties .
23. 100 . 17 .A.7 Site Development
All development should be constructed and operated in a manner that while permitting water-
dependent uses, also protects shoreline resources, their ecological functions and processes,
and that incorporates the following :
a. Low impact development approaches to avoid or minimize adverse impact to
topography, vegetation , water quality, fish and wildlife habitat, and other natural site
conditions;
b. Adequate temporary and permanent management measures to control erosion and
sediment impacts during construction and operation ; and
c. Adequate stormwater management facilities.
23. 100. 17.B . Cherry Point Management Area - Regulations
187
CHAPTER 10 - CHERRY POINT MANAGEMENT AREA
23. 100. 173.3 Critical Areas
In addition to meeting the provisions of Ch 23.90 . 03 Ecological Protection and Critical Areas ,
development and alteration shall not be located or expanded within critical areas designated
pursuant to WCC 16 . 16 except where the site is approved for water-dependent use, and the
following are met:
a . Mitigation to achieve no net loss of ecological functions and processes shall be
conducted in accordance with SMP 23 .90. 03 .
b . Development and alteration shall not be allowed in wetlands in the backshore area.
Upland development shall demonstrate that changes in local hydrology will not decrease
the viability of the wetland environment nor degrade the existing water quality within the
wetland .
c. The minimum required setback from the OHWM for all industrial and port facilities,
including development components, which do not require a water's edge or water
surface location shall be 150 feet; provided that, bluffs and banks greater than 10 feet in
height and sloping greater than thirty percent (30%) and wetland shorelines shall have
such setbacks measured from the crest of the bank or the edge of the wetland in
addition to the OHWM .
d . Development and alteration other than recreation development for public and quasi-
public shoreline access is prohibited on the accretion shoreforms identified on the map
in Appendix C , subject to the regulations in this section and consistent with the
Conservancy and Aquatic Shoreline Area Designation policies and regulations of
Chapters 9 and 10 ; provided that lawfully established uses or developments may be
maintained subject to the provisions of SMP 23. 50. 07 .
23. 100. 17 . 6 .4 Location and Design
a . Piers
( 1 ) Piers shall be designed to accommodate only the necessary and intrinsic activities
associated with the movement of material and cargo from land to water and water
to land . The length of piers shall not extend beyond that which is necessary to
accommodate the draft of the vessels intending to use the facility. Due to the
environmental sensitivity of the area, Whatcom County shall limit the number of
piers to one ( 1 ) pier, in addition to those in operation or-approved-as of January 1 ,
1998 .
(2) Piers shall be designed to minimize interference in the intertidal zone and adverse
impacts to fish and wildlife habitats .
(3) Piers shall be designed to minimize impacts on steep shoreline bluffs .
(4) All pilings in contact with water shall be constructed of materials such as concrete,
steel , or other materials that will not adversely affect water quality or aquatic plants
or animals. Materials used for decking or other structural components shall be
approved by applicable state agencies for contact with water to avoid discharge of
pollutants from wave splash , rain , or runoff. Wood treated with creosote, copper
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CHAPTER 11 - DEFINITIONS
influenced geo-hydraulic processes, presence of a surface connection including through
a culvert or tide gate, location in part or whole within the floodplain of a shoreline,
periodic inundation , and/or hydraulic continuity.
25 . "Average Grade Level" means the average of the natural or existing topography of the
portion of the lot, parcel , or tract of real property on that part of the lot to be occupied by
the building or structure as measured by averaging the elevations at the center of all
exterior walls of the proposed structure .
B
1 . "Backshore" means a zone of accretion or erosion lying landward of the average high-
tide mark, wetted by tides during storm events.
2 . "Barrier Beach" means a linear accretion shoreform of sand and/or gravel berm(s)
accreted waterward of bluffs , bays, marshes or estuaries by littoral drift; the berm acts as
a natural dike and seawall to its backshore or marsh hinterland .
3 . "Beach Nourishment" means a restoration or shoreline stabilization activity in which
selected beach material is deposited at one or several locations in the updrift portion of a
drift sector. The material is then naturally transported by waves or currents downdrift to
stabilize or restore accretion shoreforms and other berms , which may be eroding due to
artificial obstructions in the shore process corridor.
4 . `Redlands" means those submerged lands below the line of extreme low tide in marine
waters and below the line of navigability of navigable —o€-lakes and rivers.
Where the line of navigability has not been established , bedlands would be those
submerged lands below the OHWM in lakes and rivers.
5 . "Bedrock" means a general term for rock, typically hard , consolidated geologic material
that underlies soil or other unconsolidated , superficial material or is exposed at the
surface.
6. " Berm" or "Protective Berm " means one or several accreted linear mounds of sand and
gravel generally paralleling the shore at or landward of OHWM ; berms are normally
stable because of material size or vegetation , and are naturally formed by littoral drift.
7 . "Best Management Practices" means conservation practices or systems of practices and
management measures that:
a . Control soil loss and reduce water quality degradation caused by nutrients, animal
waste, toxins, and sediment;
b. Minimize adverse impacts to surface water and ground water flow, circulation
patterns, and to the chemical , physical , and biological characteristics of waters,
wetlands, and other fish and wildlife habitats ;
c. Control site runoff, spillage or leaks, sludge or water disposal , or drainage from raw
material .
8 . "Bioengineered Shoreline Stabilization" means biostructural and biotechnical alternatives
to hardened structures (bulkheads, walls) for protecting slopes or other erosive features.
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WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM
Bioengineered stabilization uses vegetation , geotextiles, geosynthetics and similar
materials. An example is Vegetated Reinforced Soil Slopes (VRSS) , which uses
vegetation arranged and embedded in the ground to prevent shallow mass-movement
and surficial erosion .
9 . "Boat Lift" means an in-water structure used for the dry berthing of vessels above the
water level and lowering of vessels into the water. A boat lift as herein defined is used to
berth and launch a single vessel , suspended over the water's surface. A boat lift is
generally a manufactured unit without a canopy cover and may be placed in the water
adjacent to a dock or as stand-alone structure. A boat lift may be designed either for
boats or personal watercraft. A boat lift is to be differentiated from a hoist or crane used
for the launching of vessels. A boat lift with a canopy cover shall be considered a
covered moorage for the purposes of this Program .
10 . "Bog" means a type of wetland dominated by mosses that form peat. Bogs are very
acidic, nutrient poor systems , fed by precipitation rather than surface inflow, with
specially adapted plant communities.
11 . "Breakwater" means an offshore structure that is generally built parallel to shore that
may or may not be connected to land , and may be floating or stationary. Their primary
purpose is to protect harbors , moorages and navigation activity from wave and wind
action by creating stillwater areas along shore . A secondary purpose is to protect
shorelines from wave caused erosion .
12 . "Buffer (buffer zone)" means the area adjacent to a shoreline and/or critical area that
separates and protects the area from adverse impacts associated with adjacent land
uses.
13 . "Building" means any structure used or intended for supporting or sheltering any use or
occupancy as defined in the International Building Code .
14 . "Building Area" means the entire area that will be disturbed to construct the home,
normal appurtenances (except on-site sewage systems) , and landscaping.
14 . "Building footprint" means for the purposes of this program , the ground area contained
by the exterior walls of a building .
15. "Bulkhead" means a wall-like structure such as a revetment or seawall that is placed
parallel to shore primarily for retaining uplands and fills prone to sliding or sheet erosion ,
and to protect uplands and fills from erosion by wave action .
C
1 . "Channel Migration Zone" means the area along a river or stream within which the
channel can reasonably be expected to migrate over time as a result of normally
occurring processes. It encompasses that area of current and historic lateral stream
channel movement that is subject to erosion , bank destabilization , rapid stream incision ,
and/or channel shifting , as well as adjacent areas that are susceptible to channel
erosion . There are three components of the channel migration zone : ( 1 ) the Historical
Migration Zone (HMZ)—the collective area the channel occupied in the historical record ;
(2) the Avulsion Hazard Zone (AHZ)—the area not included in the HMZ that is at risk of
avulsion over the timeline of the CMZ; and (3) the Erosion Hazard Area ( EHA)—the area
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CHAPTER 11 - DEFINITIONS
1 . "Dam" means a barrier across a stream or river to confine or regulate flow or raise water
levels for purposes such as flood or irrigation water storage, erosion control , power
generation , or collection of sediment or debris.
2 . "Debris Flow" means a moving mass of rock fragments, soil , and mud ; more than half of
the particles being larger than sand size; a general term that describes a mass
movement of sediment mixed with water and air that flows readily on low slopes.
3 . "Development" means a use consisting of the construction or exterior alteration of
structures, dredging , drilling , dumping , filling ; removal of any sand , gravel or minerals ;
bulkheading ; driving of piling ; placing of obstructions; or any project of a permanent or
temporary nature that interferes with the normal public use of the surface of the waters
overlying lands subject to the Act at any state of water level . This term may include
activities related to subdivision and short subdivisions; binding site plans; planned unit
developments; clearing activity; fill and grade work; building or construction ; and
activities that are exempt from the substantial development permit process or that
require a shoreline variance or conditional use. .
4 . "Dike" means an artificial embankment placed at a stream mouth or delta area to hold
back sea water for purposes of creating and/or protecting arable land from flooding .
5 . "Dock" means all platform structures or anchored devices in or floating upon water
bodies to provide moorage for pleasure craft or landing for water-dependent recreation
including , but not limited to floats, swim floats, float plane moorages , and water ski
jumps . Excluded are launch ramps.
6. " Drainage Ditch" means an artificially created watercourse constructed to drain surface
or ground water. Ditches are graded (man-made) , channels installed to collect and
convey runoff from fields and roadways . Ditches may include irrigation ditches , waste
ways, drains, outfalls, operational spillways , channels, stormwater runoff facilities or
other wholly artificial watercourses, except those that directly result from the modification
to a natural watercourse . Ditched channels that support fish are considered to be
streams.
7 . "Dredge Spoil" means the material removed by dredging .
8 . "Dredging" means the removal , displacement, and disposal of unconsolidated earth
material such as silt, sand , gravel , or other submerged material from the bottom of water
bodies or from wetlands; maintenance dredging and other support activities are included
in this definition .
9 . "Drift Sector" or "Drift Cell" means a particular reach of marine shore in which littoral drift
may occur without significant interruption , and which contains any and all natural
sources of such drift, and also any accretion shoreform(s) accreted by such drift. Each
normal drift sector contains these shore process elements: feeder bluff or estuary,
driftway, littoral drift, and accretion shoreform .
10 . "Driftway" means that portion of the marine shore process corridor, primarily the upper
foreshore, through which sand and gravel are transported by littoral drift. The driftway is
the essential component between the feeder bluff(s) and accretion shoreform(s) of an
integral drift sector. Driftways are also characterized by intermittent, narrow berm
beaches .
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WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM• . . _ . a . .•- = =
. • -
.. a aa
7. "Non-conforming Use" , "Non-conforming Development" or "Non-conforming Structure"
means a shoreline use, development or structure that was lawfully constructed or
established prior to the effective date of this Program (August 27 , 1976) or amendments
hereto , but which does not conform to present regulations or standards of the Program.
8 . "Nonwater-oriented Use" means uses that are not water-dependent, water-related or
water-enjoyment. Nonwater-oriented uses have little or no relationship to the shoreline
and are not considered priority uses under the Shoreline Management Act except single-
family residences. Any use that does not meet the definition of water-dependent, water-
related or water-enjoyment is classified as nonwater-oriented .
0
1 . "Off-premise Sign" means a sign situated on premises other than those premises to
which the sign's message is related .
2 . "Oil" means petroleum or any petroleum product in liquid , semi-liquid , or gaseous form
including , but not limited to , crude oil , fuel oil , sludge , oil refuse and oil mixed with
wastes other than dredging spoil .
3 . "Ongoing Agriculture" means those activities conducted on lands defined in RCW
84 . 34 .020(2) , and those activities involved in the production of crops and livestock,
including , but not limited to , operation and maintenance of existing farm and stock ponds
or drainage ditches, irrigation systems, changes between agricultural activities , and
maintenance or repair of existing serviceable structures and facilities. Activities that
bring an area into agricultural use are not part of an ongoing activity. An operation
ceases to be ongoing when the area on which it was conducted has been converted to a
non-agricultural use , or has lain idle for more than five (5) consecutive years unless that
idle land is registered in a federal or state soils conservation program . Forest practices
are not included in this definition .
4. "On-premise Sign" means a sign situated on the premises to which the sign's message
is related .
5 . "Open Space" means any parcel or area of land or water not covered by structures , hard
surfacing , parking areas and other impervious surfaces except for pedestrian or bicycle
pathways, or where otherwise provided by this title or other county ordinance and set
aside, dedicated , for active or passive recreation , visual enjoyment, or critical area
development buffers as established in WCC 16 . 16 .. Submerged lands and/or tidelands
within the boundaries of any waterfront parcel that are located waterward of the ordinary
high water mark shall not be used in open space calculations. Required open space
percentages, as applicable, are not to be used for purposes of calculating total
impervious surface.
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