HomeMy WebLinkAboutord1993-018r
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB93 -i og
Initial I Date
p l 1993
WHATCOM COUNTY
COUNCIL
4/13/93 1 Council Introduction
4/27/93 P&D /Council
SUBJECT: FILE REF: 1- 89:SMP AN ORDINANCE ADOPTING THE 1993 UPDATE OF THE WHATCOM COUNTY
SHORELINE MANAGEMENT PROGRAM
ATTACHMENTS: Draft ordinance
January 28 Letter of Approval from the Department of Ecology to Marge Laidlaw
January 15 Concurrence Letter from Dan Taylor on Minor Modifications to DOE
December 22 Letter on Minor Modifications from DOE to Dan Taylor
December 22 Letter from DOE and Dan Taylor to Verne Johnson, Jr.
Public Hearing Needed? Yes / % No /XX/
SUMMARY STATEMENT: On January 28, 1993, the Department of Ecology approved the update of our Shoreline
Management Program with some minor modifications. This approval followed a public hearing on Augusf 26, 1992 and a
three month period for recieving written comments. It also followed negotiations with the Lummi Indian Nation, and hearings
and special meetings held by the State Ecological Commission. The proposal, according to DOE, received unanimous
'dvisory approval from the Ecological Commission.
According to the State Shoreline Act, once approved by DOE, the update becomes effective immediately and the relevant
local jurisdiction must begin implementation. The Division of Building and Codes has been administering the new program
since January 28. The purpose of this ordinance, therefore, is simply to properly encode the update. Because the program
is now State law, it cannot be rejected or modified. Any changes would require initiating a separate and new amendment
process.
RECOMMENDED ACTION: The Director of Planning and Economic Development recommends approval of the
ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
4/13/93: Council introduction
4/27/93: Council adopted the ordinance. 7 -0.
Related File Numbers: A Ordinance or Resolution Number:° 93 -018
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FILE REF: ordinanc.smp (c: �f3� 1 U jrg INTRODUCED BY. • Consent
PROPOSED BY. • PLANNING
DATE: 4/13/93
ORDINANCE NO. 93 -018
AN ORDINANCE ADOPTING THE 1993 UPDATE OF THE WHATCOM COUNTY SHORELINE
MANAGEMENT PROGRAM
WHEREAS, the Whatcom County Planning Department and the Whatcom County
Division of Buildings and Code Administration staff have requested.the revision and update of
the Whatcom County Shoreline Management Program text and the official Shorelines Map; and
WHEREAS, a SEPA review of the Plan was completed on May 13, 1988 and September
15,1992; and
WHEREAS, the Planning Commission held a duly advertised public hearing on this
matter on February 21 and March 15, 1989, and heard all public testimony relating to the
proposed changes to the Shoreline Management Program; and
WHEREAS, at the conclusion of -the February 21 and March 15 hearing, the Planning
Commission deliberated on the testimony and content of the Program at work sessions, dated
March 21, March 29, April 12, April 18, May 10, May 16, June 6, June 21, September 26,
October 11, October 25, November 1, November 21; and
WHEREAS, the Planning Commission recommended modifications to the draft as
originally presented by staff and forwarded a recommendation to the County Council
acknowledging additional work was needed on public access and setbacks; and
WHEREAS, the County Council held a Public Hearing on this matter on January 10,
1990; and
WHEREAS, subsequent to the public hearing, the Council directed the Executive to
create a Citizens Advisory Committee to review and make recommendations to the Council and
Planning Commission regarding further improvements to the Shoreline Management Program
update; and
WHEREAS, the Council directed the Citizens Advisory Committee to proceed in two
phases: phase one to address public comments, additional County staff input, and direction
from the Department of Ecology, and report their findings and recommendations directly to the
County Council; phase two to address public access, and general setback standards, and
report their findings and recommendations to the Planning Commission; and
WHEREAS, the Council, at the request of the Citizens Advisory Committee, later directed
the Citizens Advisory Committee to also review the aquaculture revisions as part of phase two;
1 and
2 WHEREAS, the Citizens Advisory Committee met on 19 occasions and made
3 recommendations to the Council and Planning Commission regarding further improvements to
4 the Shoreline Management Program update; and
5 WHEREAS, the Citizens Advisory Committee forwarded its recommendations regarding
s Phase I to the County Council and Phase II to the Planning Commission; and
7 WHEREAS, the Council held the Phase I material in committee until the Commission
a could complete its work on Phase II; and
9 WHEREAS, pursuant to RCW 36.70.590 legal notice on the public hearing by the
10 Planning Commission was published in the Bellingham Herald on March 30, April 6, and April
11 13, 1991; and
12 WHEREAS, the Planning Commission held a public hearing on phase two on April 16,
13 and heard all public testimony relating to public access, setbacks, and aquaculture provisions
14 of the Shoreline Management Program; and
15 WHEREAS, subsequent to the public hearing, the Commission held four work sessions
16 on April 29, May 9, June 11, and September 17; and
17 WHEREAS, after due deliberation, the Planning Commission accepted the
18 recommendations of the Citizens Advisory Committee with some modifications and
19 recommended to the County Council adoption of the modifications related to public access,
20 setbacks, and aquaculture; and
Z1 WHEREAS, the Planning Commission recommended that the County Council hold a
22 public hearing; and
23 WHEREAS, at a public hearing on April 14, the Council reviewed the Planning
24 Commission recommendation; and
25 WHEREAS, at a special meeting on April 21, the Council reviewed amendments to the
26 Planning Commission recommendation and by resolution adopted the Shoreline Management
27 Program update and directed staff to send the revisions to the Department of Ecology for final
28 review and approval; and
29 WHEREAS, the Department of Ecology held a public hearing on August 26, 1992 and
30 received both written and verbal comment on the proposed update; and
31 WHEREAS, on November 24, 1992, the Lummi Indian Nation hosted a meeting at the
32 Lummi Council Chambers involving representatives from the County, Ecology, and the Lummi
33 Nation. The meeting was to clarify and discuss shoreline update issues with respect to tribal
34 interests and concerns; and
35 WHEREAS, at a special meeting on January 19, 1993, the Washington State Ecological
36 Commission reviewed and approved the update on an advisory basis; and
37 WHEREAS, on January 28, 1993, the Department of Ecology approved the proposed
1 amendments to the program with minor modifications to clarify -the proposal and to bring it into
2 greater consistency with the Shoreline management Act and its implementing rules; and
3 WHEREAS, the Council has adopted the following Findings and Conclusions:
4 FINDINGS
5 1. The shorelines of the county are among the most valuable and fragile of our natural
6 resources and there is great concern throughout the county relating to their utilization,
7 protection, restoration, and preservation.
8 2. The purpose of these amendments is to make the document more readable and
9 effective in achieving its objectives under the direction of the Department of Ecology.
10 3. Some changes staff proposed were made to conform to changes in state regulations;
» others were in response to a variety of minor deficiencies that have been identified over
12 the years, many relate to corrections and clarifications that do not alter existing policy.
13 Redundant and superfluous language is being consolidated or deleted where the
14 substance and intent of the Program can be maintained.
15 4. Several changes are included that will affect existing shoreline management policy. The
16 most notable changes concern public access, open space, view protection',' setbacks
and height limits, unstable slopes, sensitive areas, septic systems, fences and retaining
18 walls, aquatic uses, signs, storm drainage and outfalls, excavation, permit procedures,
19 definitions, abatement and enforcement.
20 4. Public access to salt and fresh water shorelines was one of the major objectives behind
I the Shoreline Management Act of 1971 which received a large voter approval. The Act
22 gives public access a high priority in terms of public policy and requires local
23 jurisdictions to develop their own regulations and procedures for improving access
24 opportunities for the public. The current Program does not sufficiently address public
25 access requirements applicable to many types of shoreline development. Access is
26 often "encouraged ", but rarely required. The changes proposed will improve the
27 County's ability to impose access provisions where appropriate. Legal issues have been
28 carefully considered by staff, in consultation with the County Prosecutor's office, in order
29 to prevent access requirements from being applied in inappropriate situations.
30 5. Findings and background information contained in the Program are removed for
31 inclusion in the new Shoreline Background Document.
32 6. All sections are being renumbered as part of Title 23 W.C.C.
33 7. A list of 25 amendments to the official map of the Whatcom County Shoreline
34 Management Program are proposed. The majority of the map amendments are
35 corrections. However, some are more substantive which have been proposed for
36 greater consistency with the Shoreline Management Act.
37 CONCLUSIONS
38 1 . The changes will remedy a number of significant deficiencies in the Shoreline
1 Management Program and will enhance implementation of shoreline management
2 objectives.
3 2. Changes in the Program are needed in order to conform to recent changes in state
4 regulations.
5 3. The changes incorporated into the revision of the 1986 edition of the Shoreline
6 Management Program will result in a shorter and more readable document.
7 4. Revision of the Official Shoreline Map reflects the intent and purpose of the Shoreline
8 Management Program text.
9 All of the above paragraphs represent Findings of Fact by the Whatcom County
10 Council. Based upon these Findings of Fact, it is declared that adoption of this Ordinance
11 will promote the public health, safety, and general welfare.
12 NOW THEREFORE BE IT ORDAINED by the Whatcom County Council:
13 1. Whatcom County hereby adopts the 1993 update of -the Whatcom County Shoreline
14 Management Program attached as Exhibit A; and
15 2. The Official Whatcom County Shoreline Management. Program Map is hereby.
16 amended as provided in Exhibit B.
17 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this
18 Ordinance shall not affect or impair the validity of the Ordinance as a whole or any
part thereof other than the part so declared to be invalid.
20 PASSED this 27th day of April , 1993.
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27 Clerk of the Council
28 VROED AS TO FORM
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30 aren Frakes
31 Civil Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM OU)NQT,Y, WASHINGTON
Ma a Laidlaw, Chairperson
(Approved O Denied
A "- V
Shirley Van Za ten, CoibVy Execuiive
Date
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Whatcom County, Washington
SHORELINE MANAGEMENT PROGRAM
TITLE 23
Prepared pursuant to the Shoreline Management Act of 1971 (RCW 90.58) by the
Whatcom County Council, Planning Commission, Shoreline Citizen Advisory
Committees, Shoreline Technical Panel and staff from the County Planning and Public
Works Departments.
Adopted by Whatcom County: May 27, 1976
Approved by Department of Ecology
August 27, 1976
Whatcom County Planning Department
284 West Kellogg, Bellingham, Washington 98226
(206) 676 -6756, 398 -1666
(1993 Edition)
SHORELINE MANAGEMENT PROGRAM
TITLE 23 ACKNOWLEDGEMENTS
ACKNOWLEDGEMENTS
Whatcom County Council
Daniel M. Warner, Chair
Dennis Vander Yacht
Donald G. Hansey
Margaret M. Laidlaw
Marvin G. Vanderpol
Robert A. Imhof
Emily Jackson
Whatcom County Planning Department
Dan Taylor, Director
Diane Harper, Assistant Director
Terry Galvin, Project Coordinator
Carl Batchelor, Planner
Craig Mapel, Planner
Jeff Griffin, Planner
Gordon Scott, Planner
Sarah Watts, Planner
Whatcom County Public Works
Paul Rushing, Director
John Tyler, Deputy Admin
Ken Wilcox, Project Coordinator (1988)
Matt Aamot, Shorelines Technician
Planning Consultants
Ken Wilcox, Technical Advisor (1989 -91)
Joyce Humble
Colin Vasquez
Whatcom County Planning Commission
Emil Baijot, Chair
Lois Garlick
Elaine McRory
David Simpson
Jim Heeringa
Gerry Landcastle
Fred Bierlink
Larry Harris
Elizabeth Olsen, Cartographer
Chris Behee, Cartographer
Jennifer Olson, Admin Assistant
Carole Magner, Word Processor
Heidi Karl, Receptionist
Interns
Steve Holm
Mary Raines
Danelle Wegner
1990 -91 Citizens' Advisory Committee (Shoreline Program Update)
ir
Mike Granat, Chair
Shelly Damewood
Laura Lee Brakke
Dave Mason
Roger Almskaar
Greg Hart
Dave Simpson Dave Ernst
Stan Burns Patricia Clark
Roger Sahlin Greg Hart
Diane Smith
Lorna Erchinger
George Scotty
Page i
SHORELINE MANAGEMENT PROGRAM
TITLE 23 HOW TO USE THIS DOCUMENT
HOW TO USE THIS DOCUMENT
The following summary provides an overview of the Shoreline Program's contents with a brief
explanation of its general format and procedures. Refer to the Introduction for a more detailed
discussion of the history and rationale behind "shoreline management."
I. PROGRAM FORMAT
The purpose, goals, and objectives are found in Sections 23.10 and 23.20. Together they
are a broad statement of intent underlying more specific policies and regulations in Sections
23.90 and 23.100.
Section 23.30 describes the six shoreline area categories used on the Shoreline Map
(Appendix D) as to interpretation, purpose, criteria for designation and development policy.
These areas are similar to zoning districts in that they allow varying density and bulk of
buildings on the shorelines. However, they are much more general in that a wide range of
water - oriented uses are allowed.
The County shorelines designated "of State -wide Significance" by the Act are listed in Section
23.40, along with supplemental policies for their use.
Section 23.50 explains what kind of development the Program has jurisdiction over, which
activities it recognizes as exempt or non - conforming, and its relationship to other ordinances
and laws.
Section 23.60 contains procedures and review criteria for substantial development permits,
conditional use permits and shoreline variances. Sections 23.70 and 23.80 address the
administration of the Program's regulations and other legal provisions. Section 23.90 contains
general policies and regulations.
The focus of the Program is contained in Section 23.100 (.10 through .210); it contains
comprehensive policies and regulations for nineteen types of development, which are listed
alphabetically in the Table of Contents. This Section also states which uses are to be allowed
in the six shoreline designations. Complex developments may be subject to more than one
of the nineteen subsections.
Page ii
SHORELINE MANAGEMENT PROGRAM
TITLE 23 HOW TO USE THIS DOCUMENT
II. INITIAL PROCEDURES
If you intend to develop or use the shoreline. consult first with the Division of Buildings and
Code Administration. They will use Sections 23.50 and .60 to determine if you need a
shoreline permit; they will also tell you about any other necessary government approvals.
To find out if your proposal is permitted by the Program on your site, determine which
Shoreline Area category (Urban, Urban Resort, Rural, Conservancy, Natural or Aquatic) applies
to the site (consult the Shoreline Map, Appendix D). Then check to see if the Shoreline Area
Regulations in Section 23.100 for that kind of development allow it. Your proposal may be
permitted, allowed only as a conditional use, or prohibited. It may also require a variance.
Although your proposal may be permitted by Program regulations, it is also subject to
Shoreline Area policies and development policies of Sections 23.30, 23.90, and 23.100. If
it is on a Shoreline of State -wide Significance, it is also subject to Section 23.40 policies.
In order for a development to be allowed under this Program, the County must find that the
proposal is generally consistent with applicable policies and regulations, unless a variance is
to be granted. When it has been determined that your proposal requires an approval _or
statement of exemption, submit the proper application to Buildings and Code. Processing of
your application will vary depending on its size, value, and features. Contact Buildings and
Code for additional information.
Page iii
SHORELINE MANAGEMENT PROGRAM
TITLE 23
AMENDMENTS
AMENDMENTS
The Whatcom County Shoreline Management Program was originally adopted on May 27,
1976, with subsequent Department of Ecology approval on August 27, 1976. The Program
was first amended on June 26, 1978. Subsequent amendments and their approximate
effective dates are as follows:
1. January 21, 1982, File No. SPA 1 -81, text amendments in response to proposed
Chicago Bridge and Iron development at Cherry Point, Sections 6.5.4.13(2)(a),
6.9.3.B(2), 6.9.5.13(5)(b), and 8.6.2.D.
2. February 5, 1982, File No. SPA 2 -81, text amendments relating to agriculture
development, Sections 6.2.3.13.1(d), 6.2.3.13.1(e), 6.2.3.C(1), 6.2.3.C(2), and
6.2.3.C(3)
3. April 3, 1982, File No. SPA 3 -81, text amendments relating to aquaculture
developments, Sections 6.3.1.13, 6.3.1.D, 6.3.3.E, and 6.3.4.A(6)(a).
4. January 22, 1983, File No. SPA 1 -82, text amendments relating to stream control
works and hydropower development, Sections 6.6 (the entire section), 6.13.2.J,
6.13.5.C(1) and Appendix C definitions of Industrial Development and Stream Control
Works.
5. March 2, 1985, File No. SPA 1 -84, map amendment for 660 feet of shoreline in
Lummi Bay from "Conservancy" to "Rural."
6. June 9, 1987, File No. SPA 1 -86, "Cherry Point Management Unit," map and text
amendments, Section 23.100.210.
7. November 16, 1989, File No. 89- 100:SMP Text Amendment to the Whatcom County
Shoreline Management Program to Allow the Land Application of Waste Waters Used
in Processing Fruits and Vegetables as a Conditional Use.
8. January 28, 1993, File No. 01- 89:SMP: Program update
Pape iv
SHORELINE MANAGEMENT PROGRAM
TITLE 23
Title 23
SHORELINE MANAGEMENT PROGRAM
Table of Contents
Acknowledgements
How to Use This Document
TABLE OF CONTENTS
Page
Amendments
iv
Table of Contents
v
Introduction
vii
23. 10
Purposes
1
23. 20
Goals and Objectives
3
23. 30
Shoreline Area Designations
8
23.40
Shorelines of Statewide Significance
16
23. 50
Applicability, Exemptions and Non - Conforming Uses
19
23. 60
Shoreline Permits
26
23.70
Administration
36
23. 80
Legal Provisions
39
23. 90
General Policies and Regulations
42
23.100
Shoreline Use Policies and Regulations
54
.10
Agriculture
55
.20
Aquaculture
59
.30
Commercial
67
.40
Dredging
70
.50
Forest Practices
74
.60
Historic Sites
77
.70
Landfill and Excavation
80
.80
Marinas and Launch Ramps
84
Page v
SHORELINE MANAGEMENT PROGRAM
TITLE 23
.90 Mining
.100 Piers and Docks
.110 Port and Industrial Development
.120 Recreation
.130 Residential
.140 Roads and Railways
.150 Shore Defense Works
.160 Signs
.170 Stream Control Works
.180 Utilities
.210 Cherry Point Management Unit
23.110 Definitions
APPENDICES
A. SMP Contributors
B. References
C. Shoreline Background Document
D. Official Shoreline Map
E. Cherry Point Management Unit Map
Page vi
TABLE OF CONTENTS
91
95
100
105
109
113
118
123
126
132
136
146
166
167
170
170
170
SHORELINE MANAGEMENT PROGRAM
TITLE 23 INTRODUCTION
IN -PRODUCTION
Whatcom County has shoreline resources of great value including beaches, clean waters, fish,
wildlife, riparian habitat, aquatic plants, shellfish, deepwater port sites, archaeological sites,
soils, gravel and other minerals, flood plains, estuaries, and marshes. These limited resources
along with the outstanding visual and aesthetic quality of our shorelines are very attractive
to many different users. Housing, industry, agriculture, forestry, recreation, commerce, and
other users all desire the ability to access, develop or use our shorelines. The wide variety
of shoreline types that exist in Whatcom County mean that some types of shorelines are
unsuitable for some uses but suitable for others. In order to protect these resources and the
overall quality of our shoreline areas, there is a need for comprehensive planning and
reasonable regulation of shoreline development.
The original 1976 Shoreline Management Program was the result of two years work by the
County Shoreline Citizen's Committee, Shorelines Technical Panel, and the County Planning
Office. The effort began in May 1973, with the appointment of 22 people by the Board of
County Commissioners to a citizen advisory committee and publication of the Whatcom
County Shoreline Inventory. This committee represented a broad cross - section of interest
groups concerned about shoreline use as well as shoreline communities. Since its adoption,
the Program has been amended several times, including a comprehensive update completed
in 1993, with the assistance of a second citizen's advisory committee. A Shoreline
Background Document (Appendix C) was issued at that time which serves as an important
reference for the shorelines of the county and as a useful aid in the discussion and resolution
of specific shoreline management issues.
Whatcom County undertook this planning program in order to fulfill the requirements of the
Shoreline Management Act. The Act became law in June of 1971 at the State legislature's
initiative in response to Initiative 43. Initiative 43 came about in response to state -wide
citizen awareness that resources unique to shorelines are sharply limited in quantity, yet were
often subject to harmful development. Both initiatives 43 and 43B were aimed at protection
of shoreline resources and shoreline users from unwise development or destructive use.
In November 1972, people of the State and Whatcom County voted in favor of a Shoreline
Management law, and selected the legislature's alternative (43B), which had been enacted
the year before. The Act gives primary authority over shoreline development to local
governments, although the state is to review local action for consistency with the Act's
policy. Each county or city was to prepare a "master program" for its shorelines in
accordance with Guidelines issued in 1972 by the State Department of Ecology. If a county
or city was unwilling to prepare a shoreline master program, then the Department would do
it.
Title 23 constitutes the master program for Whatcom County, and was approved as such by
the State Department of Ecology on August 27, 1976 and January 28, 1993.
The overall goal of this Program is to achieve rational, balanced, and responsible use of our
irreplaceable shorelines.
Pape vii
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.10
TITLE 23 PURPOSE
Sections 10.10
10.20
10.30
10.40
10.50
10.60
23.10.10 AUTHORITY
Chapter 23.10
Authority
Findings
Enactment
Purposes
Title
Short Title
PURPOSES
Authority for enactment and administration
of this Program is the Shoreline
Management Act of 1971, Chapter 90.58,
Revised Code of Washington, also referred
to herein as "the Act." .22
23.10.20 FINDINGS
.21 The Whatcom County Council
concurs with the State legislature in
finding that the shorelines of the
State are among the most valuable
and fragile of our natural resources
and there is great concern
throughout the State relating to
their utilization, protection,
restoration, and preservation. In
addition, ever increasing pressures
for additional uses are being placed
on the shorelines necessitating
increased coordination in their
management and development.
Furthermore, much of the shorelines
and uplands adjacent thereto are in
private ownership and unrestricted
construction on the privately owned
or publicly owned shorelines is not
in the best public interest.
Coordinated planning is necessary in
order to protect the public interest
associated with the shorelines
while, at the same time, recognizing
and protecting private property
rights consistent with the public
interest. There is, therefore, a clear
and urgent demand for a planned,
rational and concerted effort, jointly
Page 1
performed by local, State, and
Federal governments, to prevent the
harm inherent in uncoordinated and
piecemeal development of
shorelines.
By ratifying Initiative 43B in the
1972 General Election, the people
of the State approved the Shoreline
Management Act of 1971. (RCW
90.58). This law vests counties
and cities with the primary
responsibility for conserving certain
shorelines through comprehensive
planning and reasonable regulation
of development and use.
23 This Council deems the goals,
objectives, shoreline area
designations, policies, regulations,
and procedures set forth in this
Shoreline Management Program to
be essential to protection of the
public health, safety and general
welfare of the people of Whatcom
County.
23.10.30 ENACTMENT
The County Council of Whatcom County
does hereby ordain and enact into law this
Shoreline Management Program and all
sections and paragraphs of Title 23,
Whatcom County Code.
23.10.40 PURPOSES
The purposes of this Program are:
SHORELINE MANAGEMENT PROGRAM
TITLE 23
.41 To promote the public health,
safety, and general welfare by
providing long range,
comprehensive policies and
effective, reasonable regulations for
development and use of Whatcom
County shorelines; and
.42 To implement this Program in a
positive, effective, and equitable
manner; and
43 To further assume and carry out the
responsibilities established by the
Act for Whatcom County, and to
foster by adoption the following
policy contained in RCW 90.58.020
for shorelines of the State:
"It is the policy of the State to
provide for the management of the
shorelines of the State by planning
for and fostering all reasonable and
appropriate uses. This policy 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 promote
and enhance the public interest.
This policy contemplates 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
protecting generally public rights of
navigation and corollary rights
incidental thereto...
In the implementation of this policy
the public's opportunity 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 preferred which are
consistent with control of pollution
and prevention of damage to the
Page 2
CHAPTER 23.10
PURPOSE
natural environment 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 improvements 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...
Permitted uses in the shorelines of
the State shall be designed and
conducted in a manner to minimize,
insofar 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. ".
23.10.50 TITLE
This document shall be known and may be
cited as "The Whatcom County Shoreline
Management Program."
23.10.60 SHORT TITLE
This document may be referred to internally
as "this Program," the "Shoreline
Program," the "master program," or the
"Shoreline Management Program."
SHORELINE MANAGEMENT PROGRAM
TITLE 23
Sections
20.10
20.20
20.30
20.40
20.50
20.60
20.70
20.80
20.90
23.20.10 ADOPTION
CHAPTER 23.20
GOALS AND OBJECTIVES
Chapter 23.20
GOALS AND OBJECTIVES
Adoption
Economic Development
Public Access
Recreation
Circulation
Shoreline Use
Conservation
Historical - Cultural
Restoration
In addition to the policy adopted in Section
23.10.40, the following goals and
objectives relating to the several program
elements specified in RCW 90.58.100(2)
are hereby adopted. They provide the
comprehensive foundation and framework
upon which the shoreline area
designations, policies, regulations, and
administrative procedures are based.
These goals and objectives reflect the level
of achievement believed to be desirable for
all shoreline uses including conservation for
the foreseeable future.
23.20.20 ECONOMIC DEVELOPMENT
The economic development element
provides for the location and design of
industries, transportation facilities, port
facilities, tourist facilities, commerce and
other developments that are particularly
dependent on their location on or use of
the shorelines of the state.
.21 Goal Statement
To create and maintain an economic
environment which can coexist
harmoniously with the natural and human
environment.
Page 3
.22 Objectives
(a) Economic development should:; -be
encouraged which has minimal
adverse effects upon the physical
environment.
(b) Economic development should be
encouraged which has minimal
adverse effects upon existing
economic and social activities of
value to the region.
(c) New economic development should
be encouraged which is either shore
dependent or shore related.
(d) New economic development should
be encouraged to locate in areas
already developed with similar uses.
(e) Expansion should not be
encouraged for existing
development if clearly incompatible
with this Program and the local
area; more appropriate uses should
be encouraged.
(f) Economic development proposed by
the current Overall Economic
Development Plan (OEDP) for
Whatcom County should be
encouraged.
(g) Economic policies contained in the
SHORELINE MANAGEMENT PROGRAM
TITLE 23
Whatcom County Comprehensive
Plan should be implemented through
Title 20 in shoreline areas
consistent with this Program.
23.20.30 PUBLIC ACCESS
The public access element provides for
public access to publicly owned or privately
owned shoreline areas where the public is
granted a right of use or access.
.31 Goal Statement
Access of the public to all types of
shorelines will be substantially increased,
provided that private rights, the public
safety, and natural shorelines will be
preserved.
.32 Objectives
(a) Access development and
management should recognize the
enjoyment of private shoreline
property.
(b) Access development should be
located, designed, and maintained
so as to protect the natural
environment and natural processes.
(c) Design of access should provide for
the public health and safety.
(d) Access to publicly owned tidelands
and shorelands should be acquired.
The county, landowners,
developers, other agencies and
organizations should cooperate to
enhance and increase public access
to shorelines as specific
opportunities arise.
(e) Visual access to shorelines and
tidelands should be developed and
protected.
(f) Physical or visual access to
Page 4
CHAPTER 23.20
GOALS AND OBJECTIVES
shorelines should be required as a
condition of approval of open space
tax designations pursuant to RCW
84.34.020, or of significant
shoreline development activities,
where appropriate, and where costs
to the landowner or developer are
not excessive.
23.20.40 RECREATION
The recreation element provides for the
preservation and expansion of recreational
opportunities, including but not limited to
parks, tidelands, beaches, bicycle and
pedestrian paths, viewpoints and other
recreational amenities.
.41 Goal Statement
Additional opportunities and space for
diverse forms of recreation will be provided
by public and private organizations.
.42 Objectives
(a) Development and management of
recreational areas should include
provisions for adequate
conservation of all affected natural
resources.
(b) Additional areas or access with high
value for recreation should be
obtained before other development
makes such action impossible.
(c) A balanced choice of recreational
opportunities should be provided
regionally.
(d) Innovative and cooperative
techniques among public agencies
and private persons which increase
and diversify recreational
opportunities should be encouraged.
(e) Unsatisfied recreation needs of
regional residents should be
SHORELINE MANAGEMENT PROGRAM
TITLE 23
addressed before those of non-
residents.
(f) Private and public investment in
recreation facilities should be
encouraged.
(g) Recreational development should be
located, designed, and operated to
minimize adverse effects on other
social, recreational, or economic
activities.
23.20.50 CIRCULATION
The circulation element consists of the
general location and extent of existing and
proposed thoroughfares, transportation
routes, terminals, and other public utilities
and facilities, all correlated with the
Shoreline Use Element.
.51 Goal Statement
Circulation systems in shoreline areas will
be shoreline dependent; and the physical
and social environment will be protected
from adverse effects of such circulation
activities.
.52 Objectives
(a) Shoreline circulation development
should provide for alternate modes
of travel with some freedom of
choice, and encourage multiple -use
corridors where compatible.
(b) Circulation systems should be
located and designed in harmony
with other economic and social
activities, both present and future.
(c) Circulation activities should neither
unnecessarily nor unreasonably
pollute the physical environment,
nor reduce the benefits people
derive from their property without
compensation.
Page 5
CHAPTER 23.20
GOALS AND OBJECTIVES
(d) Circulation systems should be
located and designed so that natural
shorelines remain substantially
unmodified.
(e) Circulation systems which are not
shoreline dependent should be
located well away from the land -
water interface unless no
alternatives exist.
(f) Physical and visual public access
should be protected or enhanced as
a result of public transportation
development in shoreline areas.
23.20.60 SHORELINE USE
The shoreline use element considers the
proposed general distribution and general
location and extent of the use of shorelines
and adjacent land areas for housing,
business, industry, transportation,
agriculture, natural resources, recreation,
education, public buildings and grounds,
utilities and other categories of public and
private uses of the land.
.61 Goal Statement
The Shorelines will be preserved or
developed for an orderly balance of
shoreline dependent uses.
.62 Objectives
(a) Shoreline land and water areas
particularly suited for specific and
appropriate uses should be reserved
for such uses.
(b) Like or compatible uses should be
located in rational patterns.
(c) All uses shall be located, sited, and
managed so that they do not cause
unnecessary or substantial adverse
effects to other appropriate
shoreline uses and the physical
SHORELINE MANAGEMENT PROGRAM
TITLE 23
environment.
(d) Multiple use of shorelines should be
encouraged and protected where
appropriate, especially upon water
surfaces.
(e) Proposed changes in use should be
suitable for the specific site in terms
of, but not limited to, physical
geography, geology, available
utilities and access, and the
appropriate subarea Comprehensive
Plan.
CHAPTER 23.20
GOALS AND OBJECTIVES
resources and processes should be
protected from unnecessary
degradation or interference.
(d) Resources which are recognized to
be scarce regionally or ecologically
fragile should be preserved in a
natural condition.
(e) Aesthetic, scenic and recreational
qualities of natural and developed
shorelines are valuable social
resources, and should be given
adequate protection.
(f) Shoreline uses which enhance their (f) The design and operation of all
specific areas or employ innovative types of shoreline use should
features for purposes consistent incorporate a p p r o p r i a: t o
with this Program should be conservation measures for
encouraged. resources significantly affected.
23.20.70 CONSERVATION
The conservation element provides for the
preservation of natural resources, including
but not limited to scenic vistas, aesthetics,
upland and aquatic vegetation, fish and
wildlife, geological resources and
processes, and vital wetland areas .
.71 Goal Statement
All natural and social resources in the
shorelines will be conserved to the
maximum reasonable extent.
.72 Objectives
(a) Renewable natural resources should
be managed on a sustained yield
concept.
(b) Non - renewable natural resources
should be extracted so as not to
diminish the quality of other
resources, and suitable reclamation
shall be required.
(c) The integrity of significant natural
Page 6
23.20.80 HISTORICAL - CULTURAL
The historical - cultural element provides for
protection and restoration of buildings,
sites, and areas having historical, cultural,
scientific, or educational values.
81 Goal Statement
Shoreline features of significant historic,
cultural, archeological, scientific, or
educational value will be protected and
made accessible by public or private
organizations.
.82 Objectives
(a) Cooperation among public and
private parties is to be encouraged.
(b) Access to such sites must be
designed and managed so as to give
maximum protection to the
resource.
(c) The need to provide clear
interpretation of historical and
cultural features, and natural areas,
SHORELINE MANAGEMENT PROGRAM
TITLE 23
should be recognized.
23.20.90 RESTORATION
The restoration element provides for the
timely restoration of shorelines blighted by
pollution, derelict, improper, or abandoned
development, hazardous features, or illegal
acts.
.91 Goal Statement
Restoration of severely blighted shorelines
will be encouraged.
.92 Objectives
(a) A cooperative restoration program
between public agencies and
landowners should be encouraged
to correct blighted shorelines.
(b) Care must be taken in restoration of
shorelines to a natural condition
that the key natural processes are
re- established as well as more static
natural features.
(c) Restoration to a natural character
should be the highest priority for
blighted wetlands and other critical
natural areas.
(d) Development of severely blighted
areas for beneficial use should be
considered as an alternative if
consistent with this Program.
(e) Restoration efforts following
catastrophic events should be
commensurate with the actual or
potential harm to life, appropriate
development and natural resources.
Page 7
CHAPTER 23.20
GOALS AND OBJECTIVES
SHORELINE MANAGEMENT PROGRAM
TITLE 23
Chapter 23.30
CHAPTER 23.30
SHORELINEAREA DESIGNATIONS
SHORELINE AREA DESIGNATIONS
Sections 30.10 Shoreline Area Designations
30.20 Shore Map
30.30 I ntrepretation
30.40 Designation Criteria and Policies
23.30.10 SHORELINE AREA
DESIGNATIONS
11 There is hereby made a part of this
Program a set of six designations
for shorelines called Shoreline
Areas; the definitions, purposes,
criteria for designation, and policies
follow. The purpose of the
Shoreline Area Designations is to
provide a systematic, rational, and
equitable. basis upon which to guide
and regulate development within
specific shoreline reaches. These
designations recognize some degree
of geographic unity which differs
from adjacent shoreline reaches and
other areas in terms of natural
features and existing or potential
development patterns.
.12 Shoreline Area Designations have
been determined after consideration
of:
(a) Existing development patterns
together with the County
Comprehensive Plan and other
officially adopted plans; and
(b) The physical and biological
capabilities and limitations of such
shorelines; and
(c) The goals of Whatcom County
citizens for their shorelines; and
(d) State Policy for Shorelines (RCW
90.58.020).
Page 8
13 Pursuant to RCW 90.58.100(4),
consideration has been given in
designation of State -owned
shorelines that are particularly
adapted to providing wilderness
beaches, ecological study areas,
and other recreational activities for
the public.
.14 The policies, regulations and
standards applicable to the Cherry
Point Management Unit are found in
Section 23.100.210.
23.30.20 SHORELINE MAP
21 There is hereby made a part of this
Program a map (Appendix D) which
shall be known as the Official
Shoreline Map. There shall be only
one official copy of this map which
shall reside in the custody of the
State Code Reviser. Additional
copies have been provided to the
Whatcom County Auditor, the
Washington Department of Ecology
and the Whatcom County Planning
Department where they are
available for public review.
.22 The Shoreline Map shall indicate
which county shorelines together
with their associated wetlands are
subject to this Program's
jurisdiction. This map shall also
indicate the Shoreline Area
designations assigned to such
shorelines by this Program pursuant
to Department of Ecology
regulations (WAC 173 -16- 040(4)).
SHORELINE MANAGEMENT PROGRAM
TITLE 23
.23 Those shoreline land and water
areas in Federal reserves which are
subject to this Program because of
non - Federal ownership, lease, or
other considerations as specified in
Section 23.50.60 and are not
included on the Shoreline Map are
hereby designated Conservancy or
Aquatic Shoreline Areas, as
appropriate, for the purposes of this
Program.
CHAPTER 23.30
SHORELINE AREA DESIGNATIONS
shall be so construed.
33 Whenever existing physical features
are inconsistent with boundaries on
the Shoreline Map or Shoreline
Atlas, the Administrator shall
interpret the boundaries. Appeals
may be made from such
interpretations pursuant to Section
23.100.210.
23.30.40 DESIGNATION CRITERIA
AND POLICIES
23.30.30 INTERPRETATION
.41 Urban Shoreline Area
.31 If disagreement develops as to the
exact location of a shoreline
management jurisdiction boundary
line, the official jurisdiction maps
received by the Administrator from
the Department of Ecology,
hereinafter called the Shoreline
Atlas, shall prevail.
32 If disagreement develops as to the
exact location of a Shoreline Area
Designation boundary line, the
following rules shall apply:
(a) Boundaries indicated as
approximately following lot, tract,
or section lines shall be so
construed.
(b) Boundaries indicated as
approximately following roads or
railways shall be respectively
construed to follow their
centerlines.
(c) Boundaries indicated as
approximately parallel to or
extensions of features indicated in
(a) or (b) above shall be so
construed.
(d) Boundaries indicated as
approximately occurring at definite
changes in topography, shoreforms,
geology, soils, or vegetative cover
Page 9
(a) The Urban Shoreline Area is defined
as an area of intensive development
including but not limited to urban
density residential, commercial and
industrial uses.
(b) The purpose of the Urban
designation is to ensure optimum
regional benefits through intensive
development which is appropriate
and which enhances the area.
(c) The following are secondary criteria
for Urban designations:
1. Areas with potential for a
type of urban development
which would be consistent
with this Program and other
public plans; or
2. Areas which do not contain
natural limitations to urban
use, and which have
adequate utilities and
access; or
3. Areas where present urban
development is scattered
and where in- filling with new
development would be
consistent with this Program
as well as preferable to
further scattering of
SHORELINE MANAGEMENT PROGRAM
TITLE 23
CHAPTER 23.30
SHORELINE AREA DESIGNATIONS
development.
presence of substantial natural
attraction(s) which might
(d)
The following policies are adopted
reasonably attract resort
for Urban areas:
development compatible with other
development in the area. Additional
1. New urban character
factors which would support Urban
development should be
Resort Area designation are:
directed toward already
developed or developing
1. Concentration of existing
areas where compatible.
resort or resort - oriented
uses;
2. Physical and visual access to
shorelines for the public
2. Existence of a limited
should be strongly
amount of resort
encouraged and planned for.
development where in- filling
with new development
3. Multiple use of shorelines
would be consistent with
should be sought and
this Program as well as
encouraged.
preferable to further
scattering of resorts;
4. Additional density should be
permitted and encouraged in
3. Absence of natural limitation
exchange for additional open
to resort use;
space and public access to
shorelines.
4. Existence of adequate
utilities and access.
.42
Urban Resort Shoreline Area
(d) The following policies are adopted
(a)
The Urban Resort Shoreline Area is
for Urban Resort Areas:
defined as an area developed with
residential and commercial uses,
1. Scale and design of resort
with emphasis in the latter on
development should assure
hotels, motels, shops, restaurants,
compatibility with existing
commercial rental campgrounds,
and potential nearby
rental cabins, and shoreline - related
development, with uses of
indoor recreation facilities, all
adjacent shoreline areas, and
geared to the needs of the tourist
with natural shoreline
and day visitor.
resources.
(b)
The purpose of the Urban Resort
2. Physical and visual access to
designation is to assure optimum
shorelines for the public
regional benefits through intensive
should be s t r o n g l y
resort development which meets
encouraged and planned for.
present and future tourist and day
visitor demands in a manner
3. Additional building height
compatible with the character of the
over three stories should be
area in which it is located.
permitted if additional open
space, view areas, public
(c)
A basic criterion for designation of
access and/or other
an Urban Resort Area is the
amenities are provided.
Page 10
SHORELINE MANAGEMENT PROGRAM
CHAPTER 23.30
TITLE 23
SHORELINE AREA DESIGNAT IONS
.43 Rural Shoreline Area
the purpose of minimizing
conflicts among uses.
(a) The Rural Shoreline Area is defined
as an area developed at a low
(d) The following policies are adopted
overall density or used at a low to
for Rural Areas:
moderate intensity; including, but
not limited to: residences,
1. Soils valuable for agriculture
agriculture and outdoor recreation
and commercial farms
developments.
should be protected from
irreversible and incompatible
(b) The purpose of the Rural
uses.
designation is to ensure that uses
are compatible with area physical
2. Intensive, urban character
capabilities and limitations, natural
development should be
resources and other appropriate low
sharply limited and permitted
density development.
only if substantial open
space and /or public access
(c) The following. are secondary criteria
to shorelines is provided.,;,;
for Rural designation:
3. Extensive, urban character
1. Areas of low density
or high density development
development where natural
should be directed to Urban
vegetative cover and
Areas.
topography have been
altered; or
4. New development in Rural
Areas should protect or
2. Areas now used or
enhance the area character
potentially usable for
by limiting building density
agriculture including lowland
and height, providing ample
tree farms; or
shore setbacks and open
space, and promoting visual
3. Areas where residential
harmony.
development is or should be
of low density in order to be
5. Public or private outdoor
compatible with other uses,
recreation facilities should be
or, because of limitations by
encouraged if compatible
physical features, utility
with agriculture or other
capabilities or access; or
appropriate uses.
4. Areas where a low intensity
6. New large scale industrial or
of outdoor recreation use or
commercial development
development would be
should be discouraged
appropriate and compatible
except in areas so
with other uses and the
designated on the County
physical environment; or
Comprehensive Plan.
5. Areas which would be of
.44 Conservancy Shoreline Area
high benefit to the region as
a low density buffer be-
(a) The Conservancy Shoreline Area is
tween other designations for
defined as:
Page 11
SHORELINE MANAGEMENT PROGRAM
TITLE 23
CHAPTER 23.30
SHORELINE AREA DESIGNAT IONS
1. A shoreline area containing
resource base is maintained,
natural resources which can
such as on a sustained -yield
be used /managed on a
basis; or
multiple use basis without
extensive alteration of
2. The area is more valuable to
topography or banks;
the region under multi -
including but not limited to
purpose, sustained yield
forest, agricultural and
management of its natural
mineral lands, outdoor
resources than through any
recreation sites, fish and
form of more intensive or
wildlife habitat, watersheds
single purpose development;
for public supplies, and areas
or
of outstanding scenic
quality; and /or
3. The area contains valuable
or sensitive natural or
2. A shoreline area containing
cultural features whose
hazardous natural conditions
optimum use precludes more
or sensitive natural or
than a low overall density of
cultural features which
residents, recreationi.sts,
require more than normal
structures, or livestock, as
restrictions on development
well as extensive alterations
and use of such areas;
to topography or banks; or
including, but not limited to:
eroding shores, geologically
4. The area is inherently
unstable areas, steep slopes,
hazardous for moderate to
floodways and natural
high density development or
accretion shoreforms, and
use in terms of public health,
valuable natural wetlands or
safety and property damage
historic sites.
potential; or
(b) The purpose of the Conservancy
5. The area has recreational or
designation is to obtain long term
esthetic qualities of high
wise use of its natural resources,
value to the region which
including multiple use whenever
would likely be diminished
practical, and to prevent forms of
by moderate to intense
development which would be
development.
unsafe or incompatible with more
appropriate uses. This policy
(d) The following policies are adopted
should be furthered by keeping
for Conservancy Areas:
overall intensity of development or
use low, and by maintaining most
1. Renewable resources should
of the area's natural character.
be managed on a sustained
yield basis, and vital natural
(c) The following are secondary criteria
processes should be
for Conservancy designation:
protected, so that the overall
resource base is maintained.
1. The area contains renewable
Non - renewable resources
natural resources or
should only be consumed in
processes which should be
a manner compatible with
managed so that the
conservation of other
Page 12
SHORELINE MANAGEMENT PROGRAM
TITLE 23
CHAPTER 23.30
SHORELINEAREA DESIGNATIONS
Page 13
resources and other
in a natural condition which has
appropriate uses.
either little or no development;
including, but not limited to:
2.
Multiple uses of the
estuaries, marshes, swamps,
shoreline should be strongly
accretion shoreforms, gorges and
encouraged and maintained
other areas publicly managed in
if such uses are compatible
their natural condition.
with each other and
conservation of shoreline
(b) The purpose of the Natural
resources. Dominant,
designation is to ensure long term
intensive single uses over
preservation of those resources
large areas should be
which yield optimum benefits to the
discouraged.
community or region in their natural
condition.
3.
Area resources and natural
shorelines should be
(c) The following are secondary criteria
protected whenever
for Natural designation:
necessary from harmful
concentrations of people,
1. The resource is unique or
livestock, building or artificial
scarce in the region.
character structures. Uses
which require substantial
2. Preservation of the resource
alterations to the area's
is more consistent with the
natural character, especially
purposes of this Program
its topography and land-
than any other type of
water edge;., should be
management.
directed to Urban or Rural
Areas.
3. The resource is most
productive in biologic terms
4.
Development of hazardous
i f l e f t natural a n d
areas should be designed
undeveloped o r else
and /or located so as to
restored.
reduce potential danger to
people and property
4. The resource as a natural
Development of moderate to
system is intolerant of
high density or which
extractive or unrestricted
requires defense works
u s e s, o r p h y s i c a l
should be directed to less
modifications.
hazardous areas.
(d) The following policies are adopted
5.
Outstanding recreational or
for Natural Areas:
scenic values should be
preserved and protected
1. Preservation of the area's
f r o m i n c o m p a t i b l e
natural features and overall
development.
character must receive
priority over any other
.45 Natural Shoreline Area
potential uses.
(a) The
Natural Shoreline Area is
2. Private and /or public
defined
as an area having high value
enjoyment of Natural Areas
Page 13
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.30
TITLE 23 SHORELINE AREA DESIGNAT IONS
should be encouraged and
3. Preserve and ensure wise
facilitated whenever possible
use of the area's natural
without damaging the area.
features and resources
which are substantially
3. Development should be
different in character from
limited to low key
those of adjoining uplands
recreational facilities which
and backshores.
are visually and physically
compatible with the area's
(c) The following are secondary criteria
unique character; such
for Aquatic designation:
development should be
severely restricted in density
1. Marine water areas seaward
and design so as to be
of the ordinary high water
clearly subordinate to the
mark including estuarine
area's natural character.
channels and wetlands;
4. Development which would
2. Lakes subject to this
adversely impact the area's
Program below the ordinary
natural features or overall
high water mark;
character should be directed
to other Areas.
3. Streamways of rivers and
streams within jurisdiction of
.46 Aquatic Shoreline Area
this Program, and
(a) The Aquatic Shoreline Area is
4. Wetlands abutting the above
defined as the area waterward of
three categories of water
the OHWM of all streams and
bodies, provided a more
rivers, all marine water bodies, and
protective designation has
all lakes, together with their
not been specifically
underlying lands and their water
adopted.
column; including, but not limited
to: bays, straits, harbor areas,
(d) The following policies are adopted
waterways, coves, estuaries,
for Aquatic Areas:
streamways, tidelands, bedlands,
wetlands and shorelands.
1. Development should be
sharply limited to those uses
(b) The purpose of the Aquatic
which are compatible with
designation is to:
conservation of Area
resources including water,
1. Encourage and protect
fish and wildlife, and
appropriate multiple uses, or
recreation areas, as well as
dominant uses in limited
with other appropriate uses
areas, in navigable or open
and the area's unique natural
waters.
character. Development in
conflict with these
2. Preserve the limited water
objectives should be directed
surfaces, tidelands and
to an on shore location.
shorelands from
encroachment; and
2. Almost all marine, lake, and
river surfaces, water column
Page 14
SHORELINE MANAGEMENT PROGRAM
TITLE 23
CHAPTER 23.30
SHORELINE AREA DESIGNATIONS
and bedlands are public
property and as such their
openness and extent must
be protected from
unnecessary obstruction or
encroachment. Offshore
development should be
limited to those uses which
are truly water - surface
dependent, or which provide
broad and substantial
compensating benefits to the
community or region.
3. Multiple use of water
surfaces and structures in
Aquatic Areas must be
protected and encouraged
whenever compatible with
resource conservation and
other appropriate uses. The
need for a specific shoreline
development to be multiple -
purpose increases as its
impact on the shoreline
increases.
4. As with Conservancy, mult-
iple use and sustained yield
are the two overriding poli-
cies for management of
Aquatic Areas. Development
in substantial conflict with
these policies should not be
permitted due to the public
property nature of this area
and its natural features.
.47 Cherry Point Management Unit
-fhe policies, regulations and standards,
etc. applicable to the Cherry Point
Management Unit are found in Section
23.100.210.
Page 15
SHORELINE MANAGEMENT PROGRAM
TITLE 23
CHAPTER 23.40
SHORELINES OF STATE -WIDE SIGNIFICANCE
Chapter 23.40
SHORELINES OF STATE -WIDE SIGNIFICANCE
Sections 40.10 Adoption of Policy
40.20 Designation of Shorelines of State -wide Significance
40.30 Policies for Shorelines of State -wide Significance
23.40.10 ADOPTION OF POLICY
In accordance with RCW 90.58.020, the
following management and administrative
policies are hereby adopted for all
Shorelines of State -wide Significance in
Whatcom County, as defined in RCW
90.58.030(2)(e) and identified in this
Section. The Act requires that the County
Shoreline Management Program give
preference to uses which generally are
consistent with the state -wide public
interest in such shorelines. Also uses shall
be given preference which are consistent
with the policies contained in RCW
90.58.020 as follows:
The legislature declares that the interest of
all of the people shall be paramount in the
management of Shorelines of State -wide
Significance. The Department of Ecology
in adopting guidelines for Shorelines of
State -wide Significance, and local
government, in developing master
programs for Shorelines of State -wide
Significance, shall give preference to uses
in the following order of preference which:
(1) Recognize and protect the state-
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 shoreline;
(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.
Conversely, uses which are not generally
consistent with these policies should not
be permitted on such shorelines.
23.40.20 DESIGNATION OF SHORE-
LINES OF STATE -WIDE
SIGNIFICANCE
In accordance with the criteria of RCW
90.58.030(2)(e), the legislature designated
the following shorelines of Whatcom
County, including the uplands and wetlands
as therein defined, as having state -wide
significance:.
.21 Lakes: Lake Whatcom, Ross Lake
and Baker Lake
.22 Streams:
(a) Nooksack River: its main stem
downstream to Bellingham Bay, its
north fork to the mouth of Glacier
Creek and its south fork to the
mouth of Hutchinson Creek.
(b) Skagit River: upstream of the
Whatcom- Skagit County line to the
point where the mean annual flow
is measured at one thousand feet
per second or more, approximately,
at the confluence of Newhalem
Creek.
.23 Marine:
(a) Birch Bay from Birch Point to Point
Whitehorn.
(b) All other marine waters, water
Page 16
SHORELINE MANAGEMENT PROGRAM
TITLE 23
columns, and bedlands seaward of
extreme low tide.
23.40.30 POLICIES FOR SHORELINES
OF STATE -WIDE SIGNIFI-
CANCE
31 The state -wide interest should be
recognized and protected over the
local interest in Shorelines of State-
wide Significance.
(a) The programs and policies of state
agencies which are consistent with
the act should be recognized and
supported in formulating and
administering local policies and
regulations. Due consideration
should be given to the
recommendations of such agencies
on the developing program and on
specific applications.
(b) Comments and advice from groups
and individuals representing state-
wide or regional interests should be
solicited on this program and on
specific applications.
(c) Comments and advice should be
solicited from individuals or groups
with expertise in scientific, social
science, and design disciplines
applicable to shoreline management;
including, but not limited to biology,
geology, engineering, geography,
economics, law, oceanography, and
forestry.
.32 The natural character of Shorelines
of State -wide Significance should
be preserved.
(a) State -wide Significant Shorelines
should be designated into shoreline
area categories, and policies and
regulations should be implemented
which will prevent unnecessary
artificial character intrusions.
CHAPTER 23.40
SHORELINES OF STATE -WIDE SIGNIFICANCE
(b) Where intensive development
already exists, policies and
regulations should be carried out
which will allow continued or
increased use consistent with this
Program. Reduction of adverse
impacts on shorelines should be
encouraged through re- development
to standards of this Program. More
intensive development for
appropriate uses in such areas
should be considered a preferable
alternative to expansion into low
density use areas.
(c) Where commercial timber cutting
takes place pursuant to Section
23.100.50 and RCW 90.58.1.50,
reforestation as soon as it is
feasible should be ensured.
.33 Uses of Shorelines of State -wide
Significance should result in long
term benefits to the people of the
state.
(a) Activities which use shore
resources on a sustained yield or
non - consuming basis and which are
compatible with other appropriate
uses should be given priority over
uses not meeting these criteria.
(b) The range of options for shoreline
use should be preserved to the
maximum possible extent for
succeeding generations.
Development which consumes
valuable, scarce or irreplaceable
natural resources should not be
permitted if alternative sites are
available.
(c) Potential short term economic gains
or convenience should be measured
against potential long term and /or
costly impairment of natural
features.
(d) In design review of new or
Page 17
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.40
TITLE 23 SHORELINES OF STATE -WIDE SIGNIFICANCE
expanding development, protection
or enhancement of aesthetic values
should be actively promoted.
34 Resources and ecological systems
of Shorelines of State -wide
Significance should be protected.
(a) Shoreline Area designations, policies
and regulations should conserve
valuable shoreline resources and
processes including aesthetic values
to the maximum extent possible.
(b) Those limited shorelines containing
unique, scarce or sensitive
resources should be left in their
natural state.
(c) Erosion and sedimentation from
development sites should be con-
trolled at levels which will minimize
adverse impact on hydraulic and
hydrologic processes. If site condi-
tions prevent effective, feasible
erosion and sediment control, exca-
vations, land clearing, or other
activities likely to result in signi-
ficant erosion should be severely
limited.
(d) Public access development in
extremely sensitive areas should be
restricted or prohibited. All forms
of recreation or access development
should be designed to protect the
resource base upon which such
uses in general depend.
.35 Public access to publicly owned
areas in Shorelines of State -wide
Significance should be increased.
(a) Public and private developments
should be encouraged to provide
trails, viewpoints and water access
points along shorelines whenever
possible. Such development is
recognized as a high priority use.
Page 18
(b) Development not requiring a water-
side or surface location should be
located inland so that lawful public
enjoyment of shorelines is
enhanced.
.36 Recreational opportunities for the
public should be increased on
Shorelines of Statewide Signifi-
cance.
(a) Shorelines should be designated
into shorelines areas and policies
adopted that will encourage public
and private development to provide
facilities for shore related outdoor
recreation.
(b) Lodging and related facilities should
be located inland with appropriate
means of access provided.
SHORELINES MANAGEMENT PROGRAM CHAPTER 23.50
TITLE 23 APPLICABILITY, EXEMPTIONS & NONCONFORMING USES
Chapter 23.50
APPLICABILITY, EXEMPTIONS and NONCONFORMING USES
Sections 50.10
50.20
50.30
50.40
50.50
50.60
50.70
50.80
50.90
50.100
Geographic Jurisdiction
Application to Persons and Development
Exemptions
Relationship to Other Local Regulations
Relationship to Other State and Federal Laws
Applications Within Federal Reserves
Liberal Construction
Program Effects on Property Values
Non - conforming Development -
Property Rights and Public Access
23.50.10 GEOGRAPHIC JURISDICTION
The provisions of this Program shall apply
to all shorelines, all Shorelines of State-
wide Significance and all wetlands as de-
fined in Chapter 23.110 in unincorporated
Whatcom County. The location and extent
of such shorelines are shown on the
Official Shoreline Map appended to this
document (Appendix D) as an integral part
of this Program.
23.50.20 APPLICATION TO PERSONS
AND DEVELOPMENT
.21 This Program shall apply to any
person as defined in Chapter
23.110.
.22 This Program shall apply to any
development or use as defined in
Chapter 23.110. All development
and use of shorelines of the state
shall be carried out so as to be
consistent with this Program and
the policy of the Act as required by
RCW 90.58.140(1), whether or not
a shoreline permit is required for
such development.
from Whatcom County; PROVIDED
that, such a permit shall not. be
required for the following activities
in Section 23.50.30 which are
specifically exempted from the
substantial development permit
requirement pursuant to RCW
90.58.030(3)(e) as amended and
WAC 173 -14- 040(1).
23.50.30 EXEMPTIONS
31 The following activities shall be
considered exempt from the require-
ment to obtain a shoreline substan-
tial development permit. A state-
ment of exemption, as provided for
in Section 23.50.32 of this Program
shall be required only for those
activities listed in Section
23.50.32(b), or where uncertainty
exists regarding qualification for the
exemption:
(a)
23 No substantial development as de-
fined in Chapter 23.110 shall be
undertaken by any person on shore-
lines without first obtaining a (b)
substantial development permit
Page 19
Any development of which the total
cost or fair market value, whichever
is higher, does not exceed two
thousand five hundred dollars
($2,500), if such development does
not materially interfere with the
normal public use of the water or
shorelines of the state;
Normal maintenance or repair of
existing structures or developments,
SHORELINES MANAGEMENT PROGRAM CHAPTER 23.50
TITLE 23 APPLICABILITY, EXEMPTIONS & NONCONFORMING USES
including damage by accident, fire
or elements. "Normal maintenance"
includes those usual acts to prevent
a decline, lapse or cessation from a
lawfully established condition.
"Normal repair" means to restore a
development to a state comparable
to its original condition within a
reasonable period after decay or
partial destruction except where
repair involves total replacement
which is not common practice or
causes substantial adverse effects
to the shoreline resource or
environment;
(c) Construction of the normal
protective bulkhead common to
single - family residences. A "normal
protective" bulkhead is constructed
at or near the ordinary high water
mark to protect a single family
residence and is for protecting land
from erosion, not for the purpose of
creating land. Where an existing
bulkhead is being replaced, it shall
be constructed no further
waterward of the existing bulkhead
than is necessary for construction
of new footings;
(d) Emergency construction necessary
to protect property from damage by
the elements. An "emergency" is
an unanticipated and imminent
threat to public health, safety or the
environment which requires
immediate action within a time too
short to allow full compliance with
this Program;
(e) Construction and practices normal
or necessary for farming, irrigation,
and ranching activities, including
agricultural service roads and
utilities, construction of a barn or
similar agricultural structure, and
the construction and maintenance
of irrigation structures including but
not limited to head gates, pumping
facilities, and irrigation channels;
PROVIDED that, a feedlot of any
size, all processing plants, other
activities of a commercial nature,
alteration of the contour of the area
by leveling or filling other than that
which results from normal
cultivation, shall not be considered
normal or necessary farming or
ranching activities. A feedlot shall
be an enclosure or facility used or
capable of being used for feeding
livestock hay, grain, silage, or other
livestock feed, but shall not include
land for growing crops or vegetation
for livestock feeding and /or grazing,
nor shall it include normal livestock
wintering operations;
(f) Construction or modification of
navigational aids such as channel
markers and anchor buoys;
(g) Construction by an owner, lessee,
or contract purchaser of single -
family or multiple - family residences
and normal appurtenances for his
own use or for the use of his
family, which residence does not
exceed a height of 35 feet above
average grade level and which
meets all requirements of the State
agency or local government having
jurisdiction thereof. Single family
residence means a detached
dwelling designed for and occupied
by one family including those
structures and developments within
a contiguous ownership which are a
normal appurtenance as defined in
Section 23.110.A;
(h) Construction of a dock, including a
community dock, designed for
pleasure craft only, for the private
non - commercial use of the owner,
lessee, or contract purchaser of a
single - family residence, for which
the cost or fair market value,
whichever is higher, does not
Page 20
SHORELINES MANAGEMENT PROGRAM CHAPTER 23.50
TITLE 23 APPLICABILITY, EXEMPTIONS & NONCONFORMING USES
exceed $2,500;
(i) Operation, maintenance, or
construction of canals, 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;
(j) 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;
(k) Operation and maintenance of any
system of dikes, ditches, drains, or
other facilities existing on the
effective date of this 1975
amendatory act which were
created, developed or utilized,
primarily as a part of an - agricultural
drainage or diking system; and
(1) Any project with a certification from
the governor pursuant to chapter
80.50 RCW.
.32 Statement of Exemption
In accordance with WAC 173 -14- 040(2),
all exemptions shall be construed narrowly.
Whenever the exempt activity also requires
a U.S. Corps of Engineers Section 10
permit under the Rivers and Harbors Act of
1899 or a Section 404 permit under the
Federal Water Pollution Control Act of
1972, a statement of exemption shall be
sent to the applicant and Ecology pursuant
to WAC 173-14-115.
(a) The Administrator is hereby
authorized to grant or deny requests
for statements of exemption from
the shoreline substantial
development permit requirement for
Page 21
activities within shorelines which
are specifically listed in Section
23.50.31. Such statements shall
be applied for on forms provided by
the Administrator. The statement
or denial shall be in writing and shall
identify the reason(s) for exemption
or denial. The Administrator's
actions on such matters are subject
to appeal pursuant to Section
23.60.200.
(b) - In the case of certain types of
shoreline development normally
exempt from the shoreline permit
requirement pursuant to Section
23.50.31, no dredging, stream
control works, historic .'site
alteration, landfill or excavation,
dock, shore defense works, free
standing signs, or any development
within an Aquatic or Natural
shoreline designation may
commence until a statement of
exemption has been obtained from
the Administrator; PROVIDED that,
no statement of exemption is re-
quired for emergency development
pursuant to WAC 173- 14- 040(1)(d).
(c) No statement of exemption may be
required for other uses or
developments nominally exempt
pursuant to Section 23.50.31
unless the Administrator has cause
to believe a substantial question
exists as to qualifications of the
specific use or development for the
exemption.
.33 The following requirements shall
apply to all exemptions:
(a) Exemptions shall expire unless
substantial progress toward
completion of a permitted activity
has been undertaken within two
years after the approval of the
exemption by local government.
Substantial progress shall include all
SHORELINES MANAGEMENT PROGRAM CHAPTER 23.50
TITLE 23 APPLICABILITY, EXEMPTIONS & NONCONFORMING USES
Page 22
7of the following where applicable:
of exemption shall be obtained prior
the making of contracts; signing of
to issuance of the building permit.
notice to proceed; completion of
The Building Official shall attach
grading and excavation; and the
and enforce conditions to the
laying of major utilities; or, where
building permit as required by
no construction is involved,
applicable regulations of this
commencement of the activity;
Program pursuant to RCW
Provided that, the County may
90.58.140(1).
authorize a single extension before
the end of the time limit for up to
.43 In the case of zoning conditional
one year based on reasonable
use permits and /or variances
factors.
required by Title 20 zoning
regulations for development which
(b)
Authorization shall terminate within
is also within the jurisdiction of this
five years after the approval of the
Program, the County Hearing
permit by local government, if
Examiner with the advice of the
construction has not been
Administrator shall attach
completed; Provided that, the
conditions to such permits and
Administrator may authorize a
variances as are required to make
single extension before the end of
such development consistent .with
the time limit for up to one year
this Program.
based on reasonable factors.
.44 In the case of subdivision of land,
(c)
The running of the time period shall
including short subdivisions, within
not include the time during which
the jurisdiction of this Program
an activity was not actually pursued
which requires county approval, the
due to the pendency of reasonable
Hearing Examiner, Administrator or
related administrative appeals or
County Council, as appropriate,
litigation.
shall attach conditions to such
approval as are required to make
23.50.40 RELATIONSHIP TO OTHER
the design of such subdivision(s)
LOCAL REGULATIONS
consistent with this Program.
.41
In the case of development subject
.45 Other local ordinances which may
to the shoreline permit requirement
be applicable to shoreline
of this Program, the County Building
development or use include, but are
Official shall not issue a building
not limited to:
permit for such development until a
shoreline permit has been granted;
(a) County Building, Plumbing,
PROVIDED that, any permit issued
Mechanical, and Fire Codes
by the Building Official for such
(b) County Water Safety
development shall be subject to the
Ordinance
same terms and conditions which
(c) County Health Department
apply to the shoreline permit.
Sewage D i s p o s a l
Regulations
.42
In the case of development subject
(d) County Health Department
to regulations of this Program but
Solid Waste Regulations
exempt from the shoreline
(e) County Zoning a n d
substantial development permit
Subdivision Regulations
requirement, any required statement
(f) County Development Standards
Page 22
SHORELINES MANAGEMENT PROGRAM CHAPTER 23.50
TITLE 23 APPLICABILITY, EXEMPTIONS & NONCONFORMING USES
(g) Critical Area Ordinance
adopted pursuant thereto which
may be applicable to shoreline
.46
Pursuant to RCW 90.58.340, the
development or use include, but are
county shall review administrative
not limited to:
and management policies,
regulations, plans and ordinances
(a) Flood Control Zone Act,
relative to lands under county
RCW 86.16
jurisdiction adjacent to shorelines so
(b) Forest Practices Act, RCW
as to achieve a use policy on such
76.09
lands that is consistent with the Act
(c) Food Fish and Shellfish Act,
and this Program.
RCW 75
(d) Water Pollution Control Act,
.47
The Act and this Program adopted
RCW 90.48
pursuant thereto comprise the basic
(e) Land Subdivision Act, RCW
state and county law regulating use
58.17
of shorelines in the county. In the
(f) Surface Mining Act, RCW
event provisions of this Program
78.44
conflict with other applicable county
(g) Washington Clean Air Act,
policies or regulations, the more
RCW 70.94
restrictive shall prevail.
(h) State Environmental Policy
Act (SEPA), RCW 43.21 C
23.50.50 RELATIONSHIP TO OTHER
(i) Camping Club Act, 'RCW
STATE AND FEDERAL
19.105
LAWS
(j) Environmental Coordination
Procedures Act, RCW 90.62
.51
Obtaining a shoreline. - permit or
(k) Log Patrol Act, RCW 76.40
statement of exemption for a
(1) Water Resources Act of
development or use does not
1971, RCW 90.54, and
excuse the applicant from
(m) Growth Management Act,
complying with any other State,
RCW 36.70
regional, or Federal statutes or
regulations applicable to such
Regional authority regulations
development or use.
authorized by state law which may
be applicable to shoreline
.52
At time of application or initial
development or use include, but are
inquiry the Administrator shall
not limited to:
inform the applicant regarding such
other statutes and regulations as
(a) Northwest Air Pollution
may be applicable to such
Authority regulations
development or use to the best of
(b) Puget Sound Water Quality
the Administrator's knowledge;
Plan
provided that final responsibility for
complying with such other statutes
.55 Federal statutes together with
or regulations rests with the
implementing regulations adopted
applicant or responsible person
pursuant thereto which may be
carrying out the use or development
applicable to shoreline development
in question.
or use include, but are not limited
to:
.53
Washington State statutes together
with implementing regulations
(a) Rivers and Harbors Act of 1899
Page 23
SHORELINES MANAGEMENT PROGRAM CHAPTER 23.50
TITLE 23 APPLICABILITY, EXEMPTIONS & NONCONFORMING USES
(b) Fish and Wildlife
23.50.60 APPLICATION WITHIN
FEDERAL RESERVES
.61 The shoreline permit procedure,
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.
.62 As recognized by RCW 90.58.350,
the provisions of this master
Program shall not apply to lands
held in trust by the United States
for Indian Nations, tribes or
individuals.
23.50.70 LIBERAL CONSTRUCTION
71 As provided for in RCW 90.58.900,
the Act is exempted from the rule
of strict construction; the Act and
this Program shall therefore be
liberally construed to give full effect
to the purposes, goals, objectives,
and policies for which the Act and
this Program were enacted and
adopted, respectively.
23.50.80 PROGRAM EFFECTS ON
PROPERTY VALUES
.81 As provided for in RCW 90.58.290,
the restrictions imposed upon use of
real property through implementa-
tion of policies and regulations of
Page 24
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.
.82 Designation of private property as a
Natural or Conservancy Shoreline
Area pursuant to Section 23.30.40
fulfills the "open space land"
definitional requirements of the
Open Space Taxation Act of 1970,
as amended, RCW 84.34.020(1).
2.3.50.90- NON- CONFORMING
DEVELOPMENT
.91 Non - conforming developments may
continue to be utilized for the same
purpose(s) as existed at time -of
approval of the Shoreline Program
(August 27, 1976), or the approval
of a specific amendment which
made the use or development non-
conforming. If a change in use is
proposed for such development, any
new use shall meet current
applicable regulations and policies.
.92 This Program shall not restrict the
repair of any development existing
on the effective date of adoption or
amendment of this Program as
described in .91 above. Such repair
shall be allowed only to the extent
that non - conformance with the
standards and regulations to this
Program is not increased.
93 This Program shall not restrict the
reconstruction of any pre- existing
single family residence or
agricultural structure existing on the
effective date of this Program,
which is damaged or destroyed by
fire, accident or the elements;
PROVIDED that, any non- conform-
ance with the standards and regula-
tions of this Program shall not be
increased by such reconstruction.
Coordination Act of 1958
(c)
National Environmental
Policy Act of 1969, (NEPA)
(d)
Coastal Zone Management
Act of 1972, as amended
(e)
Federal Water Pollution
Control Act, as amended
(f)
Flood Insurance Act of
1968, as amended,
(g)
Clean Air Act, as amended
23.50.60 APPLICATION WITHIN
FEDERAL RESERVES
.61 The shoreline permit procedure,
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.
.62 As recognized by RCW 90.58.350,
the provisions of this master
Program shall not apply to lands
held in trust by the United States
for Indian Nations, tribes or
individuals.
23.50.70 LIBERAL CONSTRUCTION
71 As provided for in RCW 90.58.900,
the Act is exempted from the rule
of strict construction; the Act and
this Program shall therefore be
liberally construed to give full effect
to the purposes, goals, objectives,
and policies for which the Act and
this Program were enacted and
adopted, respectively.
23.50.80 PROGRAM EFFECTS ON
PROPERTY VALUES
.81 As provided for in RCW 90.58.290,
the restrictions imposed upon use of
real property through implementa-
tion of policies and regulations of
Page 24
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.
.82 Designation of private property as a
Natural or Conservancy Shoreline
Area pursuant to Section 23.30.40
fulfills the "open space land"
definitional requirements of the
Open Space Taxation Act of 1970,
as amended, RCW 84.34.020(1).
2.3.50.90- NON- CONFORMING
DEVELOPMENT
.91 Non - conforming developments may
continue to be utilized for the same
purpose(s) as existed at time -of
approval of the Shoreline Program
(August 27, 1976), or the approval
of a specific amendment which
made the use or development non-
conforming. If a change in use is
proposed for such development, any
new use shall meet current
applicable regulations and policies.
.92 This Program shall not restrict the
repair of any development existing
on the effective date of adoption or
amendment of this Program as
described in .91 above. Such repair
shall be allowed only to the extent
that non - conformance with the
standards and regulations to this
Program is not increased.
93 This Program shall not restrict the
reconstruction of any pre- existing
single family residence or
agricultural structure existing on the
effective date of this Program,
which is damaged or destroyed by
fire, accident or the elements;
PROVIDED that, any non- conform-
ance with the standards and regula-
tions of this Program shall not be
increased by such reconstruction.
SHORELINES MANAGEMENT PROGRAM CHAPTER 23.50
TITLE 23 APPLICABILITY, EXEMPTIONS & NONCONFORMING USES
.94 Reconstruction of any development
other than those mentioned in .93
above shall be done in accordance
with the requirements of this
Program;
.95 If use of a non - conforming
development ceases for more than
one year, but not more than two
years, resumption of such use may
be allowed as a conditional use;
PROVIDED that, no such restriction
shall apply to single family
residences or agricultural structures
which are not substantial
developments.
.96 Expansion of a non - conforming use
may be authorized as a conditional
use, provided all of the following
criteria are met:
(a) the goals and policies of this
Program are met including
promotion of public access;
(b) the use or activity is
enlarged, intensified,
increased or altered only to
the minimum amount
necessary to achieve the
intended functional purpose;
and
(c) uses which are specifically
prohibited or which would
thwart the intent of the Act
or this Program shall not be
authorized.
If approved, appropriate conditions
shall be attached to the permit to
ensure conformance with the
Program policies and regulations as
much as is reasonably practical.
.97 Renovation of a nonconforming use
is permitted, provided that the
renovation does not conflict with or
diminish the intent of the Program.
Page 25
98 A nonconforming development
which is moved any distance must
be brought into conformance with
this Program and the Act.
.99 If a nonconforming development is
damaged to an extent not exceed-
ing seventy -five percent replace-
ment cost of the original structure,
it may be reconstructed to those
configurations existing immediately
prior to the time the structure was
damaged, so long as restoration is
completed within one year of the
date of damage.
.100 A nonconforming use shall not be
changed to another nonconforming
use, regardless of the conforming or
nonconforming status of the
building or structure in which it is
housed.
23.50.100 PROPERTY RIGHTS AND
PUBLIC ACCESS
.101 This Program does not alter existing
law on access to or trespass on
private property.
102 This Program does not give the
general public any right to enter
private property without the
owner's permission.
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.60
TITLE 23 SHORELINE PERMITS
Chapter 23.60
SHORELINE PERMITS
Sections 60.10 Caveat
60.20 Authority
60.30 Application and Public Hearing Requirement
60.40 Shoreline Fees
60.50 SEPA Compliance
60. 60 Notice of Receipt of Application
60. 70 Notice of Public Hearing
60. 80 Public Hearing Rules
60. 90 Review and Burden of Proof
60.100 Decisions
60.110 Permit Conditions
60.120 Appeal and Reconsideration
60.130 Notification of Final Action
60.140 Rescission, Modification, and Revision
60.1.50 Expiration
60.160 Reapplication
60.170 Substantial Development Permit Criteria
60.180 Variance Permit Criteria
60.190 Conditional Use Permit Criteria
60.200 Administrative Decision Appeals
60.210 Other Local Regulations
23.60.10 AC VEAT 23.60.20 AUTHORITY
.11 Whenever an application for a .21 The Hearing Examiner is hereby
permit under the zoning ordinance authorized to grant or deny
or for approval under the shoreline permit applications
subdivision ordinance accompanies requiring public hearings provided
a shoreline permit application, time the applications are not
requirements and notice provisions accompanied by a major
for processing those applications development permit application.
shall be preempted by the shoreline
Program procedural rules. .22 Final decisions on permit requests
of the Shoreline Program when
.12 Whenever a shoreline permit accompanied by a zoning major
application is accompanied by any development permit shall be made
other permit request that requires by the Council.
only a recommendation to the
County Council by the Hearing .23 Whenever a shoreline permit
Examiner, the shoreline permit application is subject to the rules
decision shall also be in the form of and regulations of the State
a recommendation and the Council Environmental Police Act (SEPA,
shall have final decision authority. RCW 43.21 C), the time require-
ments of SEPA shall apply, where
applicable, to such application.
Page 26
SHORELINE MANAGEMENT PROGRAM
TITLE 23
23.60.30 APPLICATION AND PUBLIC
HEARING REQUIREMENT
.31 Shoreline permits shall be applied
for on forms provided by the
Administrator.
.32
(a)
[n,
(c)
RE
(e)
(f)
.33
Public Hearings
Upon receipt of a complete
shoreline permit application, the
Administrator shall determine within
10 days if the application requires a
public hearing. Such determination
shall be positive if the application
meets any of the following criteria:
The proposal has a cost or market
value in excess of $100,000; or
The proposal would result in
development of an area larger than
five acres; or
The proposal is a new or expanded
marina, pier, aquaculture structure,
any building over 35 feet high,
mine, dam, stream diversion
structure, landfill in navigable
waters; or
The Administrator has probable
cause to believe the proposal would
be controversial (e.g. public
response to Notice of Receipt of
Application); or
The proposal is determined to have
a significant impact on the
environment and an Environmental
Impact Statement is required; or
The proposal requires a variance
and /or conditional use approval
pursuant to this Program.
Shoreline substantial development
permit applications which are
determined by the Administrator
NOT to need a public hearing shall
Pape 27
CHAPTER 23.60
SHORELINE PERMITS
be approved or denied by the
Administrator. Notice of receipt of
application shall be the
responsibility of the Hearing
Examiner and shall be done
pursuant to Section 23.60.60
(Notice of Receipt of Application).
.34 If a shoreline permit is required in
conjunction with an application for
permits under the zoning ordinance
or subdivision ordinance, those
requiring public hearings shall be
simultaneously processed and all
legal notices shall identify the
nature of the variance request or
conditional use proposed if any.
.35 Inactive Application, Expiration
Any application for a shoreline
permit or approval which remains
inactive for a period of 180 days
shall ,expire and a new application
and repayment of fees shall be
required to reactivate the proposal;
PROVIDED that, the Administrator
may grant a single 90 day extension
for good cause. Delays such as
those caused by public notice
requirements, environmental (SEPA)
review or litigation directly related
to the proposal or changes in
government regulations shall not be
considered as part of the inactive
period.
.36 Vested Rights
All shoreline permit applications,
exemptions or other approvals shall
be subject to the provisions of this
Program which are in effect at the
time of application.
23.60.40 SHORELINE FEES
41 Required fees for all shoreline
substantial development permits,
shoreline conditional use permits,
SHORELINE MANAGEMENT PROGRAM
TITLE 23
shoreline variances, statements of
exemption, appeals and other
required approvals shall be paid to
the County at the time of
application in accordance with the
adopted permit fee schedule in
effect at that time.
.42 When any given project requires
more than one of the following
permits or applications, the total
amount of shoreline fees shall be
reduced by twenty -five percent
(25 %):
Preliminary Piat Application
Rezone Application
Major Development Permit
Planned Unit Development
Binding Site Plan
When any project requires a
shoreline conditional use permit or
shoreline variance in addition to a
shoreline substantial development
permit, the fees for the conditional
use or variance shall be reduced by
half.
43 In the event that actions of an
applicant result in the repetition of
the review, inspections and other
steps in the approval process, those
items or steps repeated shall be
charged to and paid by the applicant
prior to any further processing of
the application by the County. The
cost shall be in accordance with the
adopted fee schedule.
.44 If an application is withdrawn within
thirty (30) days of submittal, and no
work has commenced at the site of
the proposal for which the
application was made, a refund of
not more than fifty (50) percent of
the shoreline fees paid may be
granted by the Administrator. This
amount may be reduced where staff
time, public notice and other costs
Page 28
CHAPTER 23.60
SHORELINE PERMITS
exceed fifty (50) percent of the fees
paid.
45 No fees shall be collected from an
agency of Whatcom County
government.
23.60.50 SEPA COMPLIANCE
.51 Shoreline permit applications which
are not categorically exempt shall
be subject to environmental review
by the responsible official of
Whatcom County pursuant to WAC
157 -11.
.52 As part of the SEPA checklist
review, the responsible official may
require additional information
regarding the proposed development
in order to make an equitable and
reasonable determination of the
development's potential impact on
the environment.
.53 Failure of the applicant to submit
sufficient information for a
threshold determination to be made
shall be grounds for refusal of the
application by the responsible
official.
.54 Variances not resulting in change in
land use or density are categorically
exempt perWAC 197- 11- 800(6)(b).
23.60.60 NOTICE OF RECEIPT OF
APPLICATION
Upon receipt of a completed shoreline
permit application by the Hearing Examiner,
it shall be the duty of the Hearing Examiner
to issue public notice as follows:
.61 The Notice of Receipt of Application
shall be published at least once a
week on the same day of the week
for two consecutive weeks in the
official County newspaper.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
.62 Additional notice shall be given by
at least one of the following
methods:
(a) Mailing of the receipt of application
notice to the latest recorded real
property owners as shown by the
records of the County Assessor to
properties situated within three -
hundred (300) feet of the boundary
of the property upon which the use
is proposed; and
(b) Posting of three copies of the
notice, within one week of the first
published application notice, in a
conspicuous manner on the
property upon which the use is
proposed.
.63 The notices shall include a
statement that any person desiring
to express his views or to be
notified of the action taken should
notify the Whatcom County Hearing
Examiner in writing within 30 days
of the final newspaper publication
of the notice of receipt of
application.
64 Notices of application should be
sent to neighboring cities, the
Lummi Nation, Nooksack Tribe, and
other jurisdictions that will
potentially be affected, either
directly or indirectly, by the
proposed development.
.65 An Affidavit of Publication of the
receipt of application shall be
attached to and accompany the
application through the review of
decision process of the Department
of Ecology.
23.60.70 NOTICE OF PUBLIC HEARING
For a public hearing on the shoreline
application to be held, it shall be the duty
of the Hearing Examiner to issue public
Page 29
CHAPTER 23.60
SHORELINE PERMITS
notice as follows:
.71 The Notice of Public Hearing shall
be published in the official County
newspaper at least ten days prior to
the public hearing.
.72 Additional notice shall be given by
at least one of the following
methods:
(a) Mailing of the public hearing notice,
at -least ten days prior to the
hearing, to the latest recorded real
property owners as shown by the
records of the County Assessor for
properties situated within three -
hundred (300) feet of the boundary
of the property upon which the use
is proposed; or
(b) Posting of three copies of the legal
notice, at least ten days prior to the
public hearing, in a conspicuous
manner on the property upon which
the use is proposed.
.73 An affidavit of publication of the
notice of public hearing shall be
attached to and accompany the
application through the decision
review process of the Department
of Ecology.
.74 Wherever feasible, the notice of
receipt of application and notice of
public hearing shall be combined.
Where the notices are so combined,
the procedures to be followed shall
be those set forth for the notice of
receipt of application.
.75 Any such combined notice shall
include a statement that any person
may submit oral or written testi-
mony at the public hearing.
.76 If such combined notice is given, at
least thirty days must elapse
between the last newspaper notice
SHORELINE MANAGEMENT PROGRAM
TITLE 23
and the date of public hearing.
23.60.80 PUBLIC HEARING RULES
.81 Public hearings on shoreline permit
applications shall be held within 45
working days of the receipt of the
application by the Hearing Examiner
unless a continuance is granted
pursuant to the rules and
procedures of the Hearing Examiner.
However, the time requirements set
herein shall be suspended pending
compliance with State
Environmental Policy Act
requirements.
.82 The hearing shall be open to the
public. The Hearing Examiner shall
conduct the hearing and prepare a
record thereof by providing an
opportunity for all interested
persons to speak and submit
exhibits relevant to the application.
.83 The Hearing Examiner may, at his
discretion, order a continuance of
the public hearing. Where the
Hearing Examiner has chosen to do
so, he will publicly announce the
time, date, and place of the
continued hearing and no further
notice is required.
23.60.90 REVIEW AND BURDEN OF
PROOF
.91 Hearing Examiner deliberations of
every proposal shall include review
and consideration of the following:
(a) The application and attached
information; EIS or Environmental
Checklist with Determination of
Non- Significance; and
(b) Written comments from interested
persons; and
(c) Information and recommendations
Page 30
CHAPTER 23.60
SHORELINE PERMITS
from the Administrator and any
other public agency; and
(d) Information or comment presented
at a public hearing on the
application; and
(e) The criteria enumerated in Sections
23.60.170, .180 and .190, as
applicable.
.92 As required by RCW 90.58.140(7)
the burden of providing that the
proposed development is generally
consistent with the criteria set forth
in Sections 23.60.170, .180 and
.190, as applicable, shall be on the
applicant.
23.60.100 DECISIONS
.101 Whenever a shoreline permit
application is accompanied by any
other permit request that requires a
recommendation to the Council
rather than a final decision by the
Hearing Examiner, the shoreline
permit decision shall also be in the
form of recommendation and the
Council shall have final decision
authority. In all other instances, the
Hearing Examiner's decision on
shoreline permit applications shall
be final.
.102 Decisions of .the Hearing Examiner
shall be rendered within 10 working
days of the public hearing unless an
extension of time is agreed to by
the applicant.
.103 Within 10 working days after the
Hearing Examiner's recommended
decision has been filed, the Council
shall do one of the following:
(a) Refer the project to the Planning
Commission for additional public
hearings and a recommendation.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
(b) Make a final decision on the
application based on the recom-
mended decision of the Hearing
Examiner with such modifications
as the Council deems appropriate.
(c) Set the project application for their
own public hearing.
23.60.110 PERMIT CONDITIONS
.111 In granting, revising, or extending a
shoreline permit, the Administrator,
Hearing Examiner or Council, as
appropriate, may attach such con-
ditions, modifications, or restric-
tions thereto regarding the location,
character, and other features of the
proposed development deemed
necessary to assure that the
development will be consistent with
criteria set forth in Sections
23.60.170, .180 and .190, and
with the policy of RCW 43.21 C as
applicable. In cases involving
unusual circumstances or uncertain
effects, a condition may be imposed
to allow for future review or reeval-
uation to assure conformance with
the Act and this Program.
112 Development pursuant to a shore-
line variance or conditional use
permit shall not begin and shall not
be authorized until 30 days after the
"date of filing" or until all review
proceedings initiated within 30 days
from the date of such filing have
terminated.
(a) The "date of filing" for a variance or
conditional use permit shall mean
the date a decision of the Depart-
ment of Ecology rendered on the
permit is transmitted by the
department to the county and the
applicant.
(b) "Date of filing" of a substantial
development permit is the date of
Pape 31
CHAPTER 23.60
SHORELINE PERMITS
actual receipt of the decision by the
Department of Ecology.
23.60.120 APPEAL AND RECONSID-
ERATION
.121 The applicant or any opponent of
record may request reconsideration
of any final action on a form
supplied by the office of the Hearing
Examiner within the time specified
in the Hearing Examiner rules and
procedures. Grounds for reconsid-
eration must be based upon the
content of the written final order,
and, although the Hearing Examiner
is not required to modify his original
decision, he may initiate such action
as he deems appropriate.
The procedure of reconsideration
shall not pre -empt or extend the
appeal period mentioned as follows.
.122 Where decisions of the Hearing
Examiner are final:
Any person aggrieved by the
granting, denying, or rescinding of a
shoreline permit by the Hearing
Examiner may seek review from the
Council by filing a written request
on forms supplied by the office of
the Hearing Examiner within 10
days of the date-of final action.
Alternatively, appeals may be filed
with the State Shoreline Hearings
Board pursuant to RCW 90.58.180
within thirty (30) days of the date
of filing as defined in RCW
90.58.140(6).
123 Where decisions of the Hearing
Examiner are recommended to the
Council:
Appeals of Council decisions may
also be made to the State Shore-
lines Hearing Board pursuant to
RCW 90.58.180 within 30 days of
SHORELINE MANAGEMENT PROGRAM
TITLE 23
the date of filing as defined in RCW
90.58.140(6); the decision of the
Shorelines Hearing Board may be
appealed pursuant to RCW 34.04,
OR permits decided by the Council
may be appealed directly to
Superior Court pursuant to RCW
90.58.180(1).
23.60.130 NOTIFICATION OF FINAL
ACTION
Pursuant to WAC 173.14.090, within eight
days of final action, the Hearing Examiner
shall notify the appplicant,the Department of
Ecology, and any person having requested
such notice in writing prior to such final
action.
23.60.140 R E S C I S S 1 0 N,
MODIFICATION, AND
REVISION
.141 Any shoreline permit granted
pursuant to this Program may be
rescinded or modified upon a finding
by the Hearing Examiner that the
permittee or his /her successors in
interest have not complied with
conditions attached thereto.
142 The Administrator shall initiate
rescission or modification
proceedings by serving written
notice of noncompliance on the
permittee or his/her successors.
143 A public hearing shall be held by the
Hearing Examiner no sooner than 15
days following such service of
notice. Upon considering written
and oral testimony taken at the
hearing, the Hearing Examiner shall
make a decision in accordance with
the above procedure for shoreline
permits.
.144 Minor revisions to shoreline permits
may be approved by the Hearing
Examiner when it is determined that
Pape 32
CHAPTER 23.60
SHORELINE PERMITS
the proposed change is within the
scope and intent of the original
permit pursuant to WAC 173 -14-
064.
23.60.150 EXPIRATION
.151 Construction or substantial progress
toward construction of a project, or
the performance of other substantial
work integral to the project such as
the construction of roads and
utilities, for which a shoreline permit
has been granted must be
Undertaken within two years after
permit approval or the permit shall
expire. If such progress has not
been made, a new shoreline permit
application will be required.
.152 If a project or phased project for
which a shoreline permit has been
granted has not been completed
within five years after permit
approval, the Hearing Examiner
shall, at the expiration of the five
year period, review the permit and
upon showing good cause; either
extend the permit for one year or
terminate the permit; PROVIDED
that, no shoreline permit shall be
extended unless the applicant has
requested such review and
extension prior to the expiration
date.
23.60.160 REAPPLICATION
If a shoreline permit is denied, no
reapplication for the same or essentially
similar development may be made until one
year from the date of denial.
23.60.170 SUBSTANTIAL
DEVELOPMENT PERMIT
CRITERIA
.171 A substantial development permit
shall be obtained for all proposed
use and development of shorelines
SHORELINE MANAGEMENT PROGRAM
TITLE 23
.22 General Regulations
(a) Landscaping and Buffer
All new or expanded developments
shall be landscaped and buffered so
that they do not significantly
detract from shoreline scenic
qualities. Such landscaping shall
take into account the view of the
shoreline from land (beyond the
boundary of shoreline management
jurisdiction) and the view of the
shore from the water surface. The
width and physical nature of the
buffer shall be established by the
County commensurate with local
conditions.
(b) Recreational Facilities
Commercial resorts and rental
campgrounds shall provide adequate
access to water areas for their
patrons or shall provide adequate
on -site outdoor recreation facilities
so that such resort or campground
will neither be dependent on nor
place undue burdens upon public
recreational facilities.
(c) Landfill
Filling or drainage of water bodies,
flood ways, backshores, or natural
wetlands for expansion of upland
areas for commercial development
is prohibited.
(d) Over -water Structures
Only those portions of water
dependent commercial uses which
require over -water facilities such as
boat fuel stations shall be permitted
to locate waterward of the OHWM
or wetland edge, provided they are
located on piling or other open -work
structures. Space- consuming
Page 69
CHAPTER 23.100.30
COMMERCIAL
accessory uses including parking
and loading and all other
commercial uses are prohibited from
such location.
(e) Flood Hazard Areas
1. Commercial development in
the flood way fringe is
permitted provided a Flood
Control Permit is obtained
and county zoning standards
are met.
2. Developers of buildings in
coastal flood hazard areas
shall be required to flood
proof such buildirigs,
including utility equipment.
.23 Tabular Regulations: Setbacks,
Height and Open Space for
Commercial Development
Minimum required setbacks from shorelines
and side property lines, maximum height
limits and open space requirements are
contained in Section 23.90.60- Setback,
Height and Open Space Standards for
Shoreline Development.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
unless the proposal is specifically
exempt pursuant to Section
23.50.31.
.172 In order to be approved, the .182
Administrator or Hearing Examiner,
as appropriate, must find that the
proposal is consistent with the
following criteria:
(a) All regulations of this Program
appropriate to the shoreline desig-
nation and the type of use or
development activity proposed shall
be complied with, except those bulk
and dimensional standards which
have been modified by approval of
a shoreline variance under Section
23.60.180.
(b) All policies of this Program appro-
priate to the shoreline designation
and the type of use or development
activity proposed shall be consider-
ed and substantial compliance
demonstrated. A reasonable pro-
posal that can not fully conform to
these policies may be permitted,
provided it is demonstrated that the
proposal is clearly consistent with
the overall goals, objectives and
intent of the Program.
(c) For projects located on Shorelines
of State -wide Significance, the
policies of Section 23.40 shall be
also be adhered to.
23.60.180 VARIANCE PERMIT
CRITERIA
181 The purpose of a variance is to
grant relief to specific bulk or
dimensional requirements set forth
in this Program where there are
extraordinary or unique circum-
stances relating to the property
such that the strict implementation
of this Program would impose un-
necessary hardships on the appli-
CHAPTER 23.60
SHORELINE PERMITS
cant or thwart the policies set forth
in RCW 90.58.020. Use restric-
tions may not be varied.
Variances will be granted in any
circumstance where denial would
result in a thwarting of the policy
enumerated in RCW 90.58.020. In
all instances extraordinary circum-
stances shall be shown, and the
public interest shall suffer no
substantial detrimental effect.
.183 Variances for development that will
be located landward of the OHWM
and wetlands may be authorized,
provided the applicant can demon-
strate all of the following:
(a) That the strict application of ',the
bulk or dimensional criteria set forth
in this Program precludes or signifi-
cantly interferes with a reasonable
permitted use of the property;
(b) That the hardship described in
23.60.181 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 this
Program, and not, for example,
from deed restrictions 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 the other
properties in the area, and will be
the minimum necessary to afford
relief.
(e) That the public interest will suffer
Pape 33
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.60
TITLE 23 SHORELINE PERMITS
no substantial detrimental effect.
.184 Variances for development that will
be located waterward of the OHWM
or within wetlands may be author-
ized provided the applicant can
demonstrate all of the following:
(a) That the strict application of the
bulk or dimensional criteria in this
Program precludes a reasonable
permitted use of the property; and
(b) That the proposed variance will
satisfy the criteria listed in Section
23.60.183 (b) through (e) above;
and
(c) That the public rights of navigation
and use of the shorelines will not be
materially interfered with by the
granting of the variance.
.185 In the granting of all variances,
consideration shall be given to the
cumulative environmental impact of
additional requests for like actions
in the area. For example, if
variances were granted to other
developments in the area where
similar circumstances exist, the
total of the variances should also
remain consistent with the policies
of RCW 90.58.020 and should not
produce significant adverse effects
to the shoreline environment or
other users.
.186 Other factors which may be
considered in the review of variance
requests include the conservation of
valuable natural features and the
protection of views from nearby
roads, surrounding properties and
public areas; PROVIDED, the criteria
of Chapter 23.60.180 are first met.
In addition, variance requests based
on the applicant's desire to enhance
the view from the subject
development may be granted where
Pape 34
there are no likely detrimental
effects to existing or future users,
other features or shore processes in
the vicinity, and where reasonable
alternatives of equal or greater
consistency with this Program are
not available. In platted residential
areas, variances shall not be
granted which allow a greater
height or lesser shore setback than
what is typical for the immediate
block or area.
23.60.190 CONDITIONAL USE PERMIT
CRITERIA
.191 The purpose of a conditional use
permit is to allow greater flexibility
in administering the use regulations
of this Program in a manner
consistent with the policies of.RCW
90.50.020. In authorizing a
conditional use, special conditions
may be attached to the permit by
the County or the Department of
Ecology to control any undesirable
effects of the proposed use.
.192 Uses specifically classified or set
forth in this Program as conditional
uses may be authorized provided
the applicant can demonstrate all of
the following:
(a) That the proposed use will be
consistent with the policies of RCW
90.58.020 and this Program.
(b) That the proposed use will not
interfere with normal public use of
public shorelines.
(c) That the proposed use of the site
and design of the project will be
compatible with other permitted
uses within the area.
(d) That the proposed use will cause no
unreasonable adverse effects to the
shoreline environment in which it is
SHORELINE MANAGEMENT PROGRAM
TITLE 23
to be located.
(e) That the public interest suffers no
substantial detrimental effect.
.193 Other uses not specifically classified
or set forth in this Program,
including the expansion or
resumption of a non - conforming use
pursuant to Section 23.50.90, may
be authorized as conditional uses
provided the applicant can
demonstrate that the proposal will
satisfy the criteria set forth in
23.60.192 above, and that the use
clearly requires. a specific site
location on the shoreline not
provided for under the Program, and
extraordinary circumstances
preclude reasonable use of the
property in a manner consistent
with the use regulations of this
Program.
.194 In the granting of all conditional use
permits, consideration shall be given
to the cumulative environmental
impact of additional requests for like
actions in the area. For example, if
conditional use permits were
granted for other developments in
the area where similar
circumstances exist, the sum of the
conditional uses and their impacts
should also remain consistent with
the policies of RCW 90.58.020 and
should not produce a significant
adverse effect to the shoreline
environment.
23.60.200 ADMINISTRATIVE DECISION
APPEALS
.201 Authority
Any order, requirement or administrative
permit decision, or determination by the
Administrator based on a provision of this
Program may be the subject of an appeal
to the office of the Hearing Examiner.
Page 35
CHAPTER 23.60
SHORELINE PERMITS
.202 Appeal Application and Time Limit
The application for appeal from the
Shoreline Administrator's decision may be
obtained at the office of Buildings and
Code Administration. Such an appeal shall
be filed within twenty (20) calendar days
of the action being appealed.
.203 Time Limit for Hearing
A public hearing on the appeal shall be held
within 45 working days following receipt of
the application.
204 Legal Notice
Official legal notice of the public hearing
shall be made in the following manner:
The notice of time, date, and location: of
the hearing shall be mailed to the
appellant, Washington Department of
Ecology, and the Administrator at least 12
days prior to the hearing.
.205 Time Limit for Issuance of Decision
A decision by the Hearing Examiner shall
be issued within 10 working days of the
public hearing (unless otherwise mutually
agreed to by parties).
.206 Appeal and Reconsideration
Appeal procedures from the Hearing
Examiner's decision and Request for
Reconsideration procedures are the same
as those found in Section 23.60.120.
23.60.210 O T H E R L 0 C A L
REGULATIONS
Conditional use permits or variances
applied for or approved under county
zoning or subdivision code requirements
shall not be construed as shoreline permits
or variances under this Program.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
Sections 70.10
70.20
70.30
70.40
70.50
Chapter 23.70
ADMINISTRATION
Administrator
Planning Department
Hearing Examiner
County Council
Planning Commission
23.70.10 ADMINISTRATOR
.11 The Administrator, as defined in
Section 23.11 O.A, is hereby vested
with:
(a) Overall administrative responsibility
for this Program, except he /she is
not the responsible official for
SEPA; and
(b) Authority to determine if a public
CHAPTER 23.70
ADMINISTRATION
Program; and
(b) Advise interested persons and
prospective applicants as to the
administrative procedures and
related components of this Program;
and
(c) Make interpretations of principles
and terms in this Program as
required for administration; and
hearing should be held on a (d) Insofar as possible, assure that
shoreline permit application by the applications are in proper form and
Hearing Examiner pursuant to complete prior to acceptance; and
Section 23.60.32; and
(c) Authority to grant or deny
statements of exemption; and
(d) Authority to grant or deny
substantial development permits not
requiring a public hearing; and
(e) Authority to serve a cease and
desist order pursuant to WAC 173-
17 -040 upon a person undertaking
an activity on shorelines of the
state in violation of Chapter 90.58
RCW or this Program; and,
(f) Authority to decide whether or not
a major development permit is
required for a proposed action
pursuant to Chapter 20.88 W.C.C.
.12 The Administrator shall:
(a) Establish procedures deemed
essential for administration of this
Pape 36
(e) Collect fees as provided for in
Section 23.60.40 of this Program;
and
(f) Seek remedies for alleged violations
of this Program's regulations, or of
the provisions of the act, or of
conditions attached to a shoreline
permit issued by Whatcom County;
and
(g) Propose amendments to the
Commission deemed necessary to
more effectively or equitably
achieve the purposes and goals of
this Program; and
(h) Make annual summary reports to
the Commission on scope and
quantity of administrative actions
taken pursuant to this Program.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
23.70.20 PLANNING DEPARTMENT
.21 The Whatcom County Planning
Department is hereby vested with:
(a) Authority to make field inspections
as required, and to prepare reports
on all proper and complete shoreline
permit applications; and
(b) Authority to make written
recommendations to the Planning
Commission, County Council or
Hearing Examiner as appropriate
and insofar as possible, assure that
all relevant information, testimony,
and questions regarding a specific
matter are made available during
their respective reviews of such
matter; and
(c) Authority to keep written
summaries of all Planning
Commission public hearings; assure
that proper notice is given to
interested persons and the public
through news media, posting or
mailing of notice of such hearings;
and transmit findings and
recommendations of the
Commission on shoreline permit
applications to the County Council
for consideration and final action.
CHAPTER 23.70
ADMINISTRA TION
23.70.40 HEARING EXAMINER
.41 The Whatcom County Hearing
Examiner is hereby vested with
authority to:
(a) Grant or deny shoreline permits not
accompanied by a major
development permit.
(b) Grant or deny variances from this
Program.
(c) Grant or deny conditional uses
under this Program.
(d) Decide on appeals from
administrative decisions and
shoreline permits issued by the
Administrator of this Program.
(e) Pursuant to Chapter 20.88 W.C.C.,
hold public hearings and make
recommended decisions to the
County Council on shoreline permits
accompanied by an application for a
major development permit.
23.70.50 COUNTY COUNCIL
51 The Whatcom County Council,
hereinafter called the Council, is
hereby vested with authority to:
(d) Authority to make recommendations (a)
to the Planning Commission for
public access and open space tax
designations pursuant to RCW
84.34.
23.70.30 $EPA OFFICIAL
(b)
The Whatcom County SEPA Responsible
Official or designate is hereby authorized to
conduct environmental review of all use
and development activities subject to this
Program, pursuant to WAC 197 -11 and
RCW 43.21 C.
Pape 37
Pursuant to Chapter 20.88 W.C.C.,
make final decisions with regard to
shoreline permit, shoreline variance
or shoreline conditional use
applications which require a major
development permit.
Decide appeals from the Hearing
Examiner's action on:
1. Substantial development
permits not accompanied by
major development permit.
2. Variances from this
Program's regulations.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
3. Conditional use permits
under this Program.
4. Decisions on an appeal of
the Administrator's action by
the Hearing Examiner.
.52 The Council shall:
(a) Base all decisions on shoreline
permits on the criteria established in
Chapter 23.60.
(b) Upon receipt of a recommendation
for action on any proposed
amendment to this Program from
the Commission, the Council shall
review and act on the matter,
provided that substantive
amendments shall become effective
immediately upon adoption by the
Department of Ecology.
(c) Review and decide appeals to
Hearing Examiner decisions
pursuant to the procedures of
Section 20.92.600 W.C.C.
23.70.60 PLANNING COMMISSION
.61 The Whatcom County Planning
Commissioner, hereinafter called the
Commission, is hereby vested with
responsibility for reviewing this
Program from time to time as a
major element of the County's
planning and regulatory program,
and may make recommendations for
amendments thereof to the Council
at any time.
62 The Commission shall also have
responsibility for reviewing and
making recommendations to the
Council on all proposed
amendments to this Program; in
addition it may propose its own
such amendments.
.63 Pursuant to Section 20.88.200
Page 38
CHAPTER 23.70
ADMINISTRATION
W.C.C. the Commission shall also
have authority to conduct public
hearings on all requests for
shoreline permits which require
major development and /or prelimi-
nary plat approval, if the Council
refers such a project to the Com-
mission. The Commission shall file
with the Council a written recom-
mendation for approval or denial.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
Sections 80.10
80.20
80.30
80.40
80.50
80.60
80.70
80.80
Chapter 23.80
LEGAL PROVISIONS
CHAPTER 23.80
LEGAL PROVISIONS
Amendments
Violations and Penalties
Remedies
Abatement
Severability
Effective Date
Revised Program
References to Plans, Regulations or Information Sources
23.80.10 AMENDMENTS
.11 The County Council or the Planning
Commission may initiate an amend-
ment to this Program according to
the procedures prescribed in Chap-
ter 173 -19 WAC. The Commission
shall conduct a public hearing on
any amendment proposed by the
Council.
.12 Any Person may petition the
Commission to amend this Program.
Petitions shall specify the changes
requested and any and all reasons
therefore. The Commission may
schedule a public hearing on said
petition(s) if it deems the proposed
amendment would make this Pro-
gram more consistent with the act
and /or any applicable Department of
Ecology guidelines, or more equit-
able in its application to persons or
property due to changed conditions
in an area.
.13 The Administrator shall submit an
annual report to the Commission
reviewing the effectiveness of the
Program in achieving its stated
purpose, goals, and objectives.
Such report may also include any
proposed amendments deemed
necessary to increase its effective-
ness or equity. If said report
contains proposed amendments, the
Commission may schedule a public
Page 39
hearing to consider such matter in
accordance with the procedure de-
scribed in Section 23.80.1 1 above.
14 Upon adoption by the Council of a
detailed community or subarea plan
as part of the comprehensive plan,
the Planning Department shall
prepare amendments, as appropri-
ate, for the purpose of incorporating
the goals, objectives, and standards
of the community or subarea plan
into this Program. The Commission
shall schedule a public hearing upon
receipt of such proposals, and shall
give due consideration to the com-
munity objectives so expressed.
23.80.20 VIOLATIONS AND
PENALTIES
.21 In addition to incurring civil liability
under Section 23.80.30 and RCW
90.58.210, pursuant to RCW
90.58.220 any person found to
have willfully engaged in activities
on shorelines of the state in
violation of the provisions of the act
or of this Program, or other regula-
tions adopted pursuant thereto shall
be punished by a fine of not less
than 25 or more than $1,000 or by
imprisonment in the County jail for
not more than 90 days, or by both
such fine and imprisonment; PRO-
VIDED that, the fine for the third
and all subsequent violations in any
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.80
TITLE 23 LEGAL PROVISIONS
five year period shall not be less
than $500 nor more than $10,000.
.22 Any person who willfully violates
any court order, regulatory order of
injunction issued pursuant to this
Program shall be subject to a fine of
not more than $5,000, imprison-
ment in the county jail for not more
than 90 days, or both.
23.80.30 REMEDIES
.31 The Whatcom County Prosecuting
Attorney, or Administrator, where
authorized, shall bring such
injunctive, declaratory, or other
actions as are necessary to insure
that no uses are made of the
shorelines of the state located
within Whatcom County in conflict
with the provisions of this Program,
the act, or other regulations
adopted pursuant thereto, and to
otherwise enforce the provisions of
this Program.
.32 Any person subject to the
regulatory provisions of this
Program or the act who violates any
provision thereof, or permit or
permit condition 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 conditions prior to violation.
The Whatcom County Prosecuting
Attorney shall bring suit for
damages under this section on their
own behalf and on the behalf of all
persons similarly situated. If liability
has been established for the cost of
restoring an area affected 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 addition 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.
.33 Pursuant to WAC 173 -17 -040, the
Administrator shall have the right to
serve a cease and desist order upon
a person if the Administrator has
cause to believe the person is
knowingly or unknowingly violating
provisions of the Act, this Program,
or of any permit issued pursuant
thereto. Failure to comply with this
order within a reasonable period of
time as determined by the
Administrator shall constitute
sufficient grounds for the issuance
of a civil penalty or other
enforcement actions pursuant to
WAC 173 -17 -050 or as may be
provided by other ordinance..,
23.80.40 ABATEMENT
Structures or development on shorelines
considered by the Administrator to present
a hazard or other public nuisance to
persons, properties or natural features may
be abated by the County under the
provisions of the Uniform Code for the
Abatement of Dangerous Buildings or by
other appropriate means.
23.80.50 SEVERABILITY
If any section, subsection, or provision of
this Program, or its application to any
person or circumstances is held invalid, the
remainder of this Program, or the
application of the provision to other
persons or circumstances shall not be
affected.
23.80.60 EFFECTIVE DATE
This Program and all amendments thereto
shall become effective immediately upon
final approval and adoption by the
Department of Ecology.
Page 40
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.80
TITLE 23 LEGAL PROVISIONS
23.80.70 REVISED PROGRAM
The revision and renumbering of this
Program into Title 23 shall not release any
person from full compliance with the terms
and conditions of any permit or approval
previously granted by Whatcom County.
Where pre- existing permit conditions
specify compliance with certain provisions
of the Program, the equivalent provisions
of the revised Program shall apply. The
Administrator shall determine which
sections apply where interpretation is
necessary.
23.80.80 REFERENCES TO PLANS,
REGULATIONS OR INFOR-
MATION SOURCES
Where this Program makes reference to
any RCW, WAC, or other state, local, or
federal law or regulation, or to any source
of information, the most recent amendment
or current edition shall apply.
Page 41
SHORELINE MANAGEMENT PROGRAM CHAPTER 23.90
TITLE 23 GENERAL POLICIES & REGULATIONS
CHAPTER 23.90
GENERAL POLICIES AND REGULATIONS
Sections 23.90 General Policies and Regulations
23.90.10 General Policies
23.90.40 General Regulations
23.90.60 Setbacks, Height, and Open Space Standards
23.90 GENERAL POLICIES AND
REGULATIONS
All use and development activities on
shorelines shall be subject to the following
general policies and regulations in addition
to those applicable under the appropriate
use sections of 23.100.
23.90.10 GENERAL POLICIES
.11 Water Dependent/Water Related
Uses
Preference should first be given to
appropriate use and development activities
which are water dependent, water related
or water enjoyment activities as defined in
this Program, and secondly to those
activities which do not adversely affect the
shoreline environment or other uses and
further the goals and objectives of this
Program. Activities that are not consistent
with this Program should be discouraged or
prohibited.
.12 Exempt Activities
Certain activities exempt from the
substantial development permit process are
potentially harmful to the shoreline
environment or other users. To assure
consistency with the provisions of this
Program, a statement of exemption should
be required for such uses as provided in
Section 23.50.32.
.13 Use Conflicts
Developments should be located, designed,
constructed and managed to minimize
adverse effects on other appropriate
shoreline ' uses, whether existing or
planned, and to provide safe, healthy
conditions. Unavoidable impacts or use
conflicts should be held to publicly
acceptable minimums by utilizing a variety
of mitigation measures such as buffer
areas, site design, landscaping and
setbacks. Intensive shoreline uses should
locate near existing uses of a. similar
character, or in new locations which are
consistent with this Program.
.14 Accessory Uses
Accessory development or use which does
not require a shoreline location should be
sited inland away from the land /water
interface and landward of the principal use,
unless no alternatives exist. Such uses
include, among others, parking, service
buildings or areas, access roads, utilities,
signs and storage of materials. Use and
development activities which are accessory
or related to the primary use should be
consistent with all applicable policies and
regulations of Chapter 23.100 relevant to
such activities.
.15 Hazardous, Sensitive or Unsuitable
Areas
Natural features or conditions associated
with shorelines are often environmentally
sensitive or potentially hazardous to
development. Such areas and features
include natural wetlands, accretion
shoreforms, floodways, alluvial fans, steep
slopes, unstable soils, ground and surface
Pape 42
SHORELINE MANAGEMENT PROGRAM
TITLE 23
water, fish and wildlife habitat and shore
processes. Many such areas are often
unique or scarce, highly productive
biologically, visually attractive, valuable for
public access, open space or recreation,
and in many instances hazardous or
otherwise unsuitable for intensive use or
development. Such areas should be
maintained in a natural condition. In
limited instances where alternatives are
infeasible, some minimal development
activity may be allowed, provided optimum
mitigation is achieved. Such development,
if properly conducted, should not impair
natural features, recreation or aesthetic
values or result in hazardous conditions,
and should adequately protect resources
over the long term.
.16 Site Preparation
Land clearing, grading, filling, and alteration
of natural drainage or other features should
be limited to the minimum amount
necessary to accommodate approved
development. Surfaces cleared of
vegetation should be immediately
revegetated with native or compatible
plants. Landscaping projects requiring
substantial earth modification and grading
should be carefully and professionally
designed to prevent maintenance problems
or damage to shore features and
processes.
.17 Geo- Hydraulics
Development should be located, designed,
constructed and maintained so that natural
erosion, sediment transport, and water
circulation and accretion processes are not
significantly disrupted. The physical
integrity of the shore process corridor
should be maintained in its natural state to
the greatest extent feasible. Necessary
development should have minimal or no
adverse impact upon valuable physical
shore features and processes.
.18 Water Quality
Pape 43
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
Location, construction, operation, and
maintenance of all shoreline use and
development activities should maintain or
enhance the quality of surface and ground
water over the long term, and restore
water quality if degraded. As a minimum,
state water quality and all other applicable
standards should be adhered to.
.19 Hazardous/Toxic Materials
When chemical fertilizers, pesticides or
other toxic materials are used in shoreline
areas, extreme caution should be observed
to prevent, contamination of water and soils
and adverse effects on valuable plant, fish
and animal life. There should be no
spraying over water bodies or application
on land where direct runoff of chemical -
laden water to water bodies or aquifer
recharge areas will occur. A chemical free
buffer strip should be maintained along the
OHWM of all wetlands, streams and water
bodies.
.20 Fish and wildlife
All shoreline use and development activities
should be located and operated so as to
provide long term protection of fish and
wildlife resources, and their various
habitats. Maintenance and enhancement
of fisheries should be given priority
consideration in reviewing shoreline use
proposals which might adversely impact
fisheries habitat, migratory routes and
harvest of significant fish or shellfish
species. Alternative locations or designs
should be seriously considered for such
proposals if such potential adverse impacts
are significant. Shorelines having banks,
beaches and beds critical to preservation or
enhancement of the fisheries resource base
should be maintained or restored to a
productive natural condition whenever
possible.
.21 Views and Aesthetics
Development should not detract from
SHORELINE MANAGEMENT PROGRAM
TITLE 23
shoreline scenic and aesthetic qualities
which are derived from natural or cultural
features, such as shoreforms, natural
vegetative cover, scenic vistas, diverse
landscapes, historic structures, and rural
and wilderness -like shores. These and
other scarce or valuable features should be
conserved or enhanced by development
and utilized for open space, fish and
wildlife habitat, public access or recreation
purposes. Over water construction should
be minimized, site restoration should be
required, visual compatibility in design of
development with its surroundings should
be encouraged and scenic views should not
be obstructed. Also, protection of the
view of the shoreline from the water
surface should be considered.
22 Public Access
(a) Physical or visual access to
shorelines should be required as a
condition of significant development
activities, when the proposal would
either generate a demand for
specific forms of such access,
and /or would impair existing, legal
access facilities and /or rights.
(b) Area and /or facility requirements
should be commensurate with the
scale and character of the
development and should be a
reasonable, fair and effective means
of mitigating any such impacts
identified during public review of
the proposal.
(c) Access requirements should be
balanced against the nature and
extent of impacts on shore
resources, including but not limited
to effects on the following:
1. Views;
2. Human enjoyment of the
shoreline;
Pape 44
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
3. The commitment of shore-
line areas or resources to
private use;
4. The identified need for
access opportunities in the
vicinity.
(d) Landowners and developers should
be informed by staff of the
following:
1. Potential tax benefits of
providing public access
opportunities, such as open
space tax status or lower
assessed values due to
access easements ; -or
dedications;
2. Incentives such as increases
and /or flexibility in density,
bulk or dimensions which
may be available in Titles 20
or 21;
3. Landowner protection
against liability pursuant to
RCW 4.24.200 and .210.
(e) Public access should be provided as
close as possible to the waters's
edge without adversely affecting a
sensitive environment and should be
designed where reasonably feasible
with provisions for handicapped and
physically impaired persons.
(f) Publicly -owned shorelines should be
limited to water- dependent or public
recreational uses, otherwise such
shorelines should remain protected
open space.
(g) Public access should be designed to
provide for public safety and to
minimize potential impacts to
private property and individual
privacy.
SHORELINE MANAGEMENT PROGRAM
TITLE 23
(h) There should be a physical separa-
tion or other means of clearly
delineating public and private space
in order to avoid unnecessary user
conflict.
.23 Maintenance
All structures and development should be
kept in good repair and hazard free condi-
tion or should be removed from shorelines.
Repair, removal or replacement of
damaged, derelict or abandoned structures
or those which are a hazard to navigation
or other users should be accomplished as
soon as possible and should be consistent
with these policies and regulations.
.24 Utilities
Intensive developments should only be
located in areas where adequate utilities
are already developed, or planned officially,
or may be provided without significant
damage to shore features. Appropriate
materials and techniques should be utilized
to protect natural features and other users.
Exterior finish of structures and materials
should be of a non - reflective character
compatible with the surrounding area.
.25 Parking and Circulation
Parking areas of sufficient size should be
placed away from the shore, buffered or
landscaped, and constructed so as to
minimize erosion and water pollution by
controlling storm runoff. Structural
measures such as catch basins, oil
separators, filtration trenches or swales,
unpaved or permeable all weather surfaces
should be considered for this purpose.
.26 Subdivision
Substandard shoreline lots unsuitable for
development of a primary permitted use
should not be subdivided. Provisions for
public access areas should be required for
all subdivisions intended for use and
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
development activities subject to the
access requirement under Section
23.90.50.
.27. Shoreline View Areas
To protect existing or potential shoreline
views from shoreline properties, roads or
public areas located close to the shoreline,
unnecessary view obstructing development
should not be allowed. Fences, walls,
hedges and other accessory structures on
lots which are not developed with a
primary permitted use should be
discouraged or be of a low profile design.
Such development should be prohibited on
public properties.
.28 Paths and Stairs
Construction of paths and stairs for private
or public access to shorelines should not be
allowed to create hazards or cause, adverse
effects to shore features, aesthetic quality
or other users, especially in hazardous or
sensitive areas.
.29 Conformance to Other Plans,
Policies and Regulations
All use and development activities should
conform to all applicable plans, policies,
standards, guidelines and regulations of
other agencies with jurisdiction in shoreline
areas.
23.90.40 GENERAL REGULATIONS
.41 Use Conflicts
Required setback and buffer areas shall be
planted with native or locally compatible
species or maintained in a natural condition
except where foot or bicycle traffic may
require surfacing. Such areas may not be
used for vehicle parking nor open storage.
Width and physical nature of such buffers
shall be determined by the County
commensurate with the proposed intensity
of use and character of the local area and
Pape 45
SHORELINE MANAGEMENT PROGRAM
TITLE 23
adjacent uses.
42 Accessory Uses and Related
Development
Related or accessory development shall
comply with all applicable policies and
regulations of Chapter 23.100.
.43 Hazardous, Sensitive or Unsuitable
Areas
(a) Development shall be located,
designed, constructed and
maintained to prevent hazardous
conditions and to substantially
conserve wetlands, fish and wildlife
habitat, shore processes and other
sensitive natural features which are
valuable in the region.
(b) Structures located within the
jurisdiction of the flood ordinance
shall comply with the provisions of
that ordinance. The finished ground
floor of residences commercial and
industrial structures and all
occupied buildings that are located
outside of the jurisdiction of the
flood ordinance shall be elevated at
least five feet above the ordinary
high water mark in fresh water
areas and five feet above mean
higher high water in marine waters.
(c) Professional design of development
may be required by the Adminis-
trator in order to protect shore
features and other users and to
ensure such development is not
subject to nor creates hazardous
conditions unsuitable to develop-
ment.
.44 Site Preparation
(a) Land clearing, grading, filling,
removal of vegetation and alteration
of natural features shall be kept to
the minimum that is reasonably
Page 46
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
necessary to accommodate
approved development. Disturbed
areas shall be revegetated as soon
as possible.
(b) On Conservancy Shorelines and in
all hazardous or sensitive areas
described in Section 23.90.15,
where a conversion of forested land
is proposed, selective clearing of
trees shall be limited to not more
than thirty (30) percent over a ten
year period, except where additional
clearing is necessary for public
safety or an approved development.
.45 Geo- hydraulics
Shoreline use and development activities
shall not unnecessarily disrupt natural
shore processes. Disturbances from
construction, heavy equipment use or
removal of driftwood, flood debris, or other
materials from the shoreline area shall be
kept to a minimum consistent with this
Program.
.46 Water Quality
State water quality and all other applicable
standards shall be adhered to. Water
quality of ground and surface waters shall
not be significantly degraded.
.47 Hazardous/Toxic Materials
(a) Release of hazardous, toxic or acid -
forming materials which are likely to
degrade surface or ground water
quality or damage other resources is
prohibited. No airborne release of
chemicals shall be permitted over
shorelines.
(b) Facilities and procedures utilizing
advanced available systems and
technology for handling, disposal or
prompt spill clean -up of oil, fuel
and /or hazardous materials shall be
required wherever such materials
SHORELINE MANAGEMENT PROGRAM
TITLE 23
are to be handled in any significant
quantity. All private, public and
commercial boat fueling facilities
shall be designed and operated to
prevent spillage or contamination of
ground and surface waters and soils
in shoreline areas.
(c) Regulations and guidelines on
chemical use adopted by other
agencies shall be adhered to in all
shoreline areas including, but not
limited to, the State Department of
Agriculture and Ecology.
(d) Wood or pilings treated with
creosote, pentachlorophenol or
other similarly toxic substances
shall not be used below the OHWM
of streams, lakes or wetlands.
.48 Fish and Wildlife
Design, location, construction and
operation of all shoreline use and
development activities shall not
unnecessarily impact fish and wildlife
resources and their respective habitats over
the short or long term. Development in
critical wildlife habitat areas identified by
the Department of Wildlife or Fisheries shall
not be permitted unless adequate
mitigation of impacts can be provided.
Development is also subject to the
provisions of the Critical Areas Ordinance.
.49 Views and Aesthetics
Development shall be designed, located,
constructed and maintained to avoid
obstruction of views or other adverse
impacts on shore scenery and aesthetic
quality. Where such impacts are
unavoidable, development may be
approved where significant public access
areas or facilities are provided or other
means of enhancing the public's enjoyment
of visual and aesthetic resources in the
area are provided.
Pape 47
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
.50 Public Access
(a) In the review of all shoreline
substantial development or
conditional use permits,
consideration of public access shall
be required. Provisions for
adequate public access shall be
incorporated into a shoreline
development proposal for each
shoreline substantial developmentor
conditional use permit (including
land division) unless the applicant
demonstrates one or more of the
following provisions apply:
1. Unavoidable health or safety
hazards to the public exist
which cannot be prevented
by any practical means; ` `
2. Inherent security
requirements of the use
cannot be satisfied through
the application of alternative
design features or other
solutions;
3. The cost of providing the
access, easement, or an
alternative amenity is
u n r e a s o n a b l y
disproportionate to the total
long -term cost of the
proposed development;
4. Unacceptable environmental
harm will result from the
public access which cannot
be mitigated;
5. Significant undue and
unavoidable conflict between
any access provisions and
the proposed use and /or
adjacent uses would occur
and cannot be mitigated.
(b) Public access shall generally not be
required for the following except as
SHORELINE MANAGEMENT PROGRAM
TITLE 23
determined on a case -by -case basis
in conjunction with the provisions of
Chapter 23.90.22 and 23.90.50:
1.
Dredging
2.
Forest Practices
3.
Landfill and Excavation
4.
Mining
5.
Private Docks
6.
Stream Control Works
(c) Prior to deciding public access is
not required pursuant to (a)(1)
through (5) above, the County must
determine that all reasonable
alternatives have been exhausted;
including, but not limited to:
1. Regulating access by such
means as maintaining a gate
and /or limiting hours of use;
2. Designing separation of uses
and activities (e.g. fences,
terracing, use of one -way
glazings, hedges,
landscaping, etc.); and
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
improvements such as
density or bulk and
dimensional bonuses, shall
also be considered through
applicable provisions of this
Program and other zoning
and subdivision regulations.
(e) Development uses and activities
shall be designed and operated to
avoid blocking, reducing, or
adversely interfering with the
public's physical access to the
water and shorelines.
(f) Public access provided by shoreline
street ends, public utilities and
rights -of -way shall not 13e
diminished (RCW 35.797.035 and
RCW 36.87.130).
(g) Where reasonably feasible, public
access sites shall (1) be connected
directly to the nearest public street;
and (2) include provisions for
handicapped and physically impaired
persons.
3. Provisions for access at a (h) Required public access sites shall be
site geographically separated fully developed and available for
from the proposal such as a public use at the time of occupancy
street end, vista, tideland or of the use or activity.
trail system.
(d) Public access areas and /or facilities
shall be of the kind, quality and
scope so as to reasonably offset
any specific adverse impacts to
existing public access of the
proposed shoreline use or
development activity.
1. Alternate off - site
improvements in public
access to shorelines may be
used upon agreement, as a
means of offsetting
identifiable on -site impacts.
2. Incentives for public access
Page 48
(i) Public access easements and permit
conditions shall be recorded on the
deed of title and on the face of a
plat or short plat as a condition
running contemporaneous with the
authorized land use, as a minimum.
Said recording with the County
Auditor's Office shalll occur at the
time of building permit approval
(RCW 58.17.110) or plat
recordation, whichever comes first.
(j) Minimum width of public access
easements shall be ten feet, unless
the administrator determines that
undue hardship would result. In
such cases, easement width may be
SHORELINE MANAGEMENT PROGRAM
TITLE 23
reduced only to the minimum extent
necessary to relieve the hardship.
(k) The standard State approved logo
or other approved signs that
indicate the public's right of access
and hours of access shall be
constructed and installed by the
applicant, and maintained by the
County in conspicuous locations at
public access sites. In accordance
with regulation (c)(1), signs may
control or restrict public access as a
condition of permit approval.
(1) Future actions by the applicant
successors in interest or other
parties shall not diminish the
usefulness. or value of the public
access provided.
.51 Maintenance
The Administrator and /or Building Official
may require the repair or removal of
structures or development that is found to
be hazardous, damaging to shore resources
or other properties, abandoned or
otherwise creating a public nuisance.
.52 Utilities
(a) Sewage and garbage disposal
facilities shall be provided as
required by the local Health
Department and zoning regulations.
(b) Storm - drainage facilities for upland
development shall be provided as
required by the County Engineer
consistent with applicable drainage
and development standards.
(c) All display and floodlighting shall be
designed and operated so as not to
emit unreasonable or unnecessary
glare, to illuminate nearby properties
or to create hazards to traffic.
(d) Within 100 feet of the OHWM and
Page 49
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
natural wetlands, new distribution
and on -site electrical and
communication wiring shall be
placed underground; PROVIDED
that, one stub utility pole may be
used if existing distribution lines are
overhead. For purposes of crossing
water bodies, overhead
transmission or distribution lines
and on site electrical communication
wiring may be permitted within 100
feet of the OHWM and natural
wetlands and over bodies of water
as a conditional use.
.53 Subdivision
(a) Substandard shoreline lots unsuit-
able for development of a primary
permitted use under the Official
Zoning Ordinance (Title 20) and this
Program shall not be subdivided.
(b) Public or community access areas
and easements required under Sec-
tions 23.100.130.13(a) and
23.90.50 of this Program shall be
indicated on final subdivision maps
and binding site plans.
.54 Shoreline View Areas
(a) Fences, walls, hedges and other
accessory structures shall be limited
to four feet in height within
shoreline setback areas and shore-
line view areas as defined in Section
23.110, provided a height of up to
six feet may be approved by the
Administrator where the structure is
parallel to the right -of -way and does
not extend above a line of sight
between the OHWM and a point
three and a half feet above the
centerline of the road, excluding
accessories associated with agri-
cultural uses.
(b) Fences, walls, hedges or private
accessory structures shall not be
SHORELINE MANAGEMENT PROGRAM
TITLE 23
permitted on public property in
shoreline view areas.
55 Paths and Stairs
(a) Stairs and walkways not attached
to a permanent structure or serving
essentially as an independent
facility from the primary structure
and located within the shoreline
setback area shall not exceed four
feet in width nor shall any portion
of the structure project more than
eight feet out from the existing
slope.
(b) Design, construction and
maintenance of paths and stairs on
shorelines shall not create hazards
or cause adverse effects to natural
features or other users. In
hazardous or sensitive areas, the
Administrator may deny such
construction or require
professionally engineered design to
ensure compliance with the above.
.56 Conformance to Other Plans,
Policies and Regulations
Use and development activities shall
conform to all zoning, subdivision, health
and other applicable requirements of
Whatcom County and other agencies with
jurisdiction in shoreline areas. In the case
of conflicting requirements, the more
restrictive shall apply.
23.90.60 SETBACKS, HEIGHT, AND
OPEN SPACE STANDARDS
FOR SHORELINE DEVELOP-
MENT
.61 Shore Setbacks
Table 23.90.60 establishes the minimum
required shore setbacks for development,
including all structures and substantial
alteration of natural topography. Shore
setbacks shall be measured from OHWM;
CHAPTER 23.90
GENERAL POLICIES & REGULATIONS
PROVIDED that, on natural wetlands, such
setback shall be measured from the edge of
the wetland, and on erosional or otherwise
geologically unstable banks more than ten
feet high and sloping at more than 30
(thirty) percent, such setbacks shall be
measured from the bank rim or crest of
such slope; PROVIDED FURTHER that, no
shore setback shall exceed the geographic
limit of the Act's jurisdiction.
.62 Sideyard Setback
Table 23.90.60 establishes the minimum
required sideyard setbacks for develop-
ment, including all structures and substant-
ial alteration of natural topography. Side -
yard setbacks shall be measured from'411
property lines which intersect the shore
side of a lot or tract; PROVIDED that, for
development not requiring a wider buffer,
five feet of the total required sideyard
setbacks may be provided on one side and
the balance on the other side; PROVIDED
FURTHER that, for a single family residence
or duplex on a narrow legal lot of record
the Administrator may waive a portion of
the sideyard setbacks to allow a fifty (50)
foot wide building area, provided the stand-
ard zoning setbacks are met and the reduc-
tion is otherwise consistent with this Pro-
gram.
.63 Height Limit
Table 23.90.60 establishes the maximum
required building height for all primary and
accessory structures. Height is measured
according to the definition in Section
23.110(H.5).
.64 Open Space
Table 23.90.60 establishes the minimum
percentage of the site which shall be left in
open space as defined in Section 23.110
(Definitions); PROVIDED that, this require-
ment shall not apply to a single family or
duplex dwelling on a legal lot of record.
Page 50
Go
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