HomeMy WebLinkAbout4372 Resolution - 2023 Shoreline Master ProgramRESOLUTION NO. 4372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, ADOPTING THE 2023 SHORELINE MASTER PROGRAM.
WHEREAS, the Shoreline Management Act (SMA) is the foundation for shoreline
management in Washington State; and
WHEREAS, the purpose of the SMA is to manage the shoreline to accommodate all
reasonable and appropriate uses consistent with protecting against adverse effects to the public
health, the land and its vegetation and wildlife; and
WHEREAS, the SMA requires each town, city, and county to review, and, if necessary,
revise its Shoreline Master Program (SMP) every eight years per the Revised Code of Washington
(RCW) 90.58.80; and
WHEREAS, the City of Pasco's (City) SMP is a planning document that outlines the City's
shoreline goals and establishes regulations for development to ensure that all land use,
development, or other activity occurring within the designated shoreline jurisdiction is appropriate
for that area; and
WHEREAS, the City is required to complete an update of the existing SMP that is
consistent with procedural and substantive requirements of the SMA governed by RCW 90.58 and
WAC 173-26; and
WHEREAS, the City last updated their SMP September 19, 2016 by Ordinance No. 4314;
and
WHEREAS, City entered into a grant contract with the Washington State Department of
Ecology effective May 10, 2022, to update and amend its SMP consistent with the Shoreline
Management Act and Shoreline Master Program Guidelines; and
WHEREAS, the City has completed the periodic review process to review and revise its
SMP in coordination with the Washington State Department of Ecology (Ecology); and
WHEREAS, the periodic review addressed recent changes in SMA requirements, changes
for consistency with revised comprehensive plans and regulations, and any other changes deemed
necessary to reflect changed circumstances, new information, or improved data; and
WHEREAS, the proposed changes were made available to public agencies, NPOs, tribes,
and the general public via direct email, City of Pasco web posts, Ecology website posting, and
public notice during a 60-day comment period held between February 24 and April 25, 2023; and
WHEREAS, comments have been indexed and addressed by staff and consultant as part
of the SMP Update process; and
Resolution — Shoreline Master Program (PLAN 2021-005) - 1
WHEREAS, on March 22, 2023 a Notice of Intent to Adopt Amendments 30-day
comment period and Joint Public Hearing notice and SEPA Checklist were sent to the agencies for
review (March 26, 2023 to April 25, 2023); and
WHEREAS, on April 20, 2023, the Planning Commission held a Joint Public Hearing
with the Washington State Department of Ecology to accept public testimony on the proposed
SMP Update, and that meeting was duly recorded; and
WHEREAS, on May 18, 2023, the Planning Commission held a Public Meeting to
recommend the SMP report and ancillary documents be sent on to Ecology for preliminary review,
and that meeting was duly recorded; and
WHEREAS, the Pasco Planning Commission voted unanimously to recommend to the
City Council approval of the SMP Update; and
WHEREAS, the SMP Update provides a document that outlines the City's amended
shoreline goals and regulations for development now and in the future; and
WHEREAS, the SMP Update achieves the goals and requirements of the SMA (RCW
90.58); and
WHEREAS, the proposal was reviewed under the State Environmental Policy Act and a
Determination of Non -Significance was issued for the proposed SMP Update on June 19, 2023;
and
WHEREAS, Ecology approved the City of Pasco Shoreline Master Program Update
without comment on June XX 2023; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Shoreline Master Program Update is hereby amended as shown in Exhibit A as a
Shoreline Planning guide and supplement to the Comprehensive Plan.
Resolution — Shoreline Master Program (PLAN 2021-005) - 2
PASSED by the City Council of the City of Pasco, Washington, on this 2nd day of October,
2023.
Blanche Barajas
Mayor
ATTEST:
3�4?1 L X4 --
Debra Barham, CMC
City Clerk
Resolution — Shoreline Master Program (PLAN 2021-005) - 3
APPROVED AS TO FORM:
EXHIBIT A
CITY OF PASCO
DRAFT SHORELINE MASTER
PROGRAM UPDATE
Prepared for
City of Pasco
Prepared by
White Bluffs Consultingl89205 East 30'
Avenue
Kennewick, Washington 99337
This report was funded through a grant from the Washington State Department of Ecology
August 2023
DATE 2023
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TABLE OF CONTENTS
SECTION I: Shoreline Goals and Policies (RCW 90.58.100)...................................................... 1
1 Introduction...................................................................................................................1
2 Relationship Between Growth Management Act and Shoreline Management Act..1
3 Profile of the Shoreline jurisdiction within the City of Pasco .................................... 2
3.1 Shoreline Jurisdiction Rivers..................................................................... 2
3.2 Shorelines of Statewide Significance........................................................ 2
4 Development of Goals and Policies.............................................................................. 2
4.1
Economic Development Element............................................................. 3
4.2
Public Access and Recreation Element ....................................................
4
4.3
Circulation Element...................................................................................
6
4.4
Shoreline Uses and Modifications Element ..............................................
7
4.5
Conservation Element.............................................................................
16
4.6
Historic, Cultural, Scientific, and Educational Resources Element ......
18
4.7
Flood Hazard Management Element ......................................................
19
4.8
Private Property Right............................................................................
20
SECTION II: Shoreline Regulations........................................................................................... 21
Article I. Authority and Purpose....................................................................................
21
29.01.010
Authority............................................................................................21
29.01.020
Applicability.......................................................................................21
29.01.030
Purpose...............................................................................................
22
29.01.040
Relationship to Other Codes, Ordinances, and Plans ......................
23
29.01.050
Liberal Construction..........................................................................
24
29.01.060
Severability.........................................................................................24
29.01.070
Effective Date.....................................................................................
24
29.01.080
Definitions ..........................................................................................25
ArticleII. Environment Designation..............................................................................
45
29.01.100
Environment Designations................................................................
45
29.01.110
Aquatic...............................................................................................
46
29.01.120
Natural................................................................................................47
29.01.130
Urban Conservancy...........................................................................
49
29.01.140
Public Flood Protection.....................................................................
50
29.01.150
Recreation..........................................................................................
51
29.01.160
High Intensity — Industrial................................................................
53
29.01.170
High Intensity — Mixed Use..............................................................
54
29.01.180
Shoreline Residential.........................................................................
56
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ArticleIII. General Regulations......................................................................................
58
29.01.200
Shoreline Use and Modification.......................................................
58
29.01.210
Development Standards.....................................................................
62
29.01.220
Archaeological and Historic Resources ............................................
63
29.01.230
Environmental Protection.................................................................
64
29.01.240
Shoreline Vegetation Conservation..................................................
65
29.01.250
Water Quality, Stormwater, and Nonpoint Pollution .....................
65
29.01.260
Public Access......................................................................................
66
29.01.270
Flood Hazard Reduction....................................................................
71
Article IV. Shoreline Modifications and Use Regulations ............................................. 74
29.01.300
Agriculture......................................................................................... 74
29.01.320
Boating Facilities................................................................................
75
29.01.330
Breakwater, Jetties, Groins, and Weirs .............................................
78
29.01.340
Commercial Development................................................................
79
29.01.350
Dredging and Dredge Material Disposal ..........................................
81
29.01.360
Fill and Excavation............................................................................
84
29.01.370
Industrial Development....................................................................
86
29.01.380
In -stream Structures..........................................................................
87
29.01.390
Mining................................................................................................
89
29.01.400
Piers and Docks..................................................................................
90
29.01.410
Recreational Development................................................................
96
29.01.420
Residential Development.................................................................. 99
29.01.430
Shoreline Habitat and Natural Systems Enhancement Projects ...
100
29.01.440
Shoreline Stabilization.....................................................................
101
29.01.450
Transportation: Trails, Roads, and Parking ....................................
102
29.01.460
Utilities.............................................................................................
104
ArticleV. Critical Areas................................................................................................108
29.01.500
Critical Areas....................................................................................
108
29.01.510
General Provisions...........................................................................
110
29.01.520
Wetlands..........................................................................................
119
29.01.530
Fish and Wildlife Habitat................................................................
131
29.01.540
Aquifer Recharge Areas...................................................................
140
29.01.550
Flood Hazard Areas.........................................................................
144
29.01.560
Geologic Hazard Areas....................................................................
146
Article VI. Existing Uses, Structures, and Lots............................................................155
29.01.600 Applicability.....................................................................................155
29.01.610 Nonconforming Uses....................................................................... 155
29.01.620 Nonconforming Structures.............................................................. 156
29.01.630 Nonconforming Lots........................................................................ 158
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Article VII. Administration and Enforcements...........................................................159
29.01.700
Roles and Responsibilities...............................................................
159
29.01.710
Interpretation...................................................................................
160
29.01.720
Statutory Noticing Requirements...................................................
160
29.01.730
Application Requirements..............................................................
161
29.01.740
Shoreline Substantial Development Permits ..................................
161
29.01.750
Shoreline Special Use Permits.........................................................
162
29.01.760
Shoreline Variance Permits............................................................
163
29.01.770
Exemptions from Shoreline Substantial Development Permits....
164
29.01.780
Duration of Permits.........................................................................
170
29.01.790
Initiation of Development...............................................................
170
29.01.800
Review Process................................................................................
171
29.01.810
Appeals.............................................................................................
171
29.01.820
Amendments to Permits..................................................................
171
29.01.830
Enforcement.....................................................................................172
29.01.840
Cumulative Effects of Shoreline Developments ............................
173
29.01.850
Amendments to Shoreline Master Program ...................................
173
29.01.860
Shoreline Environment Designation Maps or Official Shoreline Map
173
List of Tables
Table 1. Shoreline Jurisdiction Rivers.......................................................................................... 2
Table 29.01.200 (2): Shoreline Use and Modification Matrix for City of Pasco ....................... 59
Table 29.01.210 (2): Shoreline Development Standards Matrix for City of Pasco ................... 63
Table 29.01.520 (8)(a): Wetland Buffer Width Requirements ................................................
121
Table 29.01.520 (8)(b): Land Use Intensity Table....................................................................
124
Table 29.01.520 (13): Wetland Mitigation Ratios (for Eastern Washington) .........................
131
Table 29.01.530 (3): Classification by Fish and Wildlife Areas ...............................................
132
Table 29.01.540 (2)(a): Designation of Aquifer Recharge Areas .............................................
141
Table 29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas .........................
147
Table 29.01.560 (4): Rating of Geologic Hazard Risk..............................................................
148
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LIST OF ACRONYMS AND ABBREVIATIONS
ADA
Americans with Disabilities Act
BMP
best management practice
CFR
Code of Federal Regulations
City
City of Pasco
County
Franklin County
CPTED
Crime Prevention through Environmental Design
CWA
Clean Water Act
Ecology
Washington State Department of Ecology
FEMA
Federal Emergency Management Agency
FIRM
Flood Insurance Rate Map
GMA
Growth Management Act
Guidelines
SMA Guidelines (Chapter 173-26 WAC)
HPA
hydraulic project approval
JARPA
Joint Aquatic Resource Permits Application
NOAA
National Oceanic and Atmospheric Administration
U. S. Department of Agriculture, Natural Resource Conservation
NRCS
Service
OHWM
ordinary high water mark
PMC
Pasco Municipal Code
RCW
Revised Code of Washington
SEPA
State Environmental Policy Act
SHB
Shorelines Hearings Board
SMA
Washington State Shoreline Management Act
SMP
Shoreline Master Program
SR
subreach
SSWS
shorelines of statewide significance
UGA
urban growth area
USACE
U.S. Army Corps of Engineers
USEPA
U.S. Environmental Protection Agency
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USFWS U.S. Fish and Wildlife Service
USGS U.S. Geological Survey
WA DOH Washington State Department of Health
WAC Washington Administrative Code
WDFW Washington State Department of Fish and Wildlife
WDNR Washington State Department of Natural Resources
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SECTION I: Shoreline Goals and Policies (RCW 90.58.100)
1 Introduction
The City of Pasco, through an updated Shoreline Master Program (SMP), intends to implement
the requirements of the Washington State Shoreline Management Act (SMA) Revised Code of
Washington (RCW 90.58), the state SMA Guidelines (Chapter 173-26 Washington
Administrative Code [WAC]) (Guidelines), and the Shoreline Management Permit and
Enforcement Procedures (WAC 173-27).
The SMA was enacted in 1971 to provide for the management and protection of shorelines of the
state by regulating development in the shoreline area. The goal of the SMA is, "to prevent the
inherent harm in an uncoordinated and piecemeal development of the state's shorelines" (RCW
90.58.020). The SMA requires cities and counties to adopt an SMP to regulate shoreline
development and accommodate "all reasonable and appropriate uses" consistent with "protection
against adverse effects to the public health, the land and its vegetation and wildlife, and the
waters of the state and their aquatic life ... and public rights of navigation." The City of Pasco did
not have its own SMP prior tothe 2015 comprehensive update. The City had adopted by
reference and implemented Franklin County's SMP, which had been approved in 1974. The
SMP has again been updated in 2022 and 2023 as part of a periodic review and update.
Washington State Department of Ecology (Ecology) approved the updated SMA Guidelines in
2003. The SMA and implementing SMP Guidelines require all towns, cities, and counties across
the state to comprehensively update their SMPs. The guidelines provide new requirements for
environmental protections, including meeting no net loss of ecological functions, providing
public access, accounting for advancements in science and shoreline management practices, and
establishing a clear relationship between the SMA and the Growth Management Act (GMA).
The updated version of the SMP for the City of Pasco provides goals, policies, and regulations
for the development of Pasco shorelines consistent with the SMA and guidelines.
2 Relationship Between Growth Management Act and Shoreline
Management Act
A SMP contains goals, policies, regulations, and environment designation maps that guide
shoreline development in accordance with state requirements. Pasco's SMP is integrated with the
City's land use regulation system. Consistent with RCW 36.70A.480, the goals and policies
contained in this SMP shall be considered an element of the City's Comprehensive Growth
Management Plan (Comprehensive Plan) required by the GMA. All other portions of this SMP,
including the use regulations, are considered a part of the City's development regulations
required by the GMA.
The Inventory, Analysis, and Characterization Report; Restoration Plan; Cumulative Impacts
Analysis Report (which includes the "no net loss of shoreline ecological functions" analysis
findings); and Public Participation Plan are supporting documents and are not adopted as part of
this SMP or the City's Comprehensive Plan.
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The Inventory, Analysis, and Characterization Report establishes the baseline against which the
standard "no net loss of shoreline ecological functions" is measured. The Restoration Plan
identifies and prioritizes shoreline restoration opportunities that may be undertaken
independently or in conjunction with mitigation for development impacts to improve shoreline
ecological functions over time.
3 Profile of the Shoreline Jurisdiction within the City of Pasco
The Washington State SMA defines the Shoreline of the State as, "all `shorelines' and
`shorelines of statewide (SSWS)' within the state" (RCW 90.58.030). The shoreline includes
floodways, land within 200 feet of the ordinary high water mark (OHWM) of the waterways,
floodplains up to 200 feet from the floodway edge, and associated wetlands.
3.1 Shoreline Jurisdiction Rivers
Pasco's SMP encompasses shoreline along the Columbia River and Snake River. The City's
shoreline waterbodies are listed in Table 1. Both the Columbia River and Snake River are
considered SSWS. See Section 3.2 for discussion on SSWS.
Table 1. Shoreline Jurisdiction Rivers
Stream Name
Shoreline of Statewide
Significance
Total Length
Proposed Shoreline
Columbia River
Yes
14.4 miles
Snake River
Yes
2.8 miles
3.2 Shorelines of Statewide Significance
The entire shoreline jurisdiction in the City that includes the Columbia and Snake rivers are
considered SSWS, as listed in Table 1. The SMA designates certain shoreline areas as SSWS,
which are defined as "natural rivers or segments thereof' that have a mean annual flow of
200 cubic feet per second or more (or for streams east of the crest of the Cascades [RCW
90.58.030], the portion downstream from the first 300 square miles of drainage area) and lakes,
whether natural, artificial, or a combination thereof, of 1,000 acres or greater in surface area. The
Columbia and Snake rivers are SSWS based on the flow and upstream drainage criteria.
The SSWS protection and management goals are described in the Development of Goals and
Policies — Shoreline Uses and Modifications Element section.
4 Development of Goals and Policies
Goals express broad value statements that reflect the City's vision of its shorelines. Goals also
provide a framework upon which the more detailed SMP shoreline use environments, policies,
regulations, and administrative procedures are based in subsequent chapters. Policies are more
detailed statements reflecting the City's goals and visions for its shorelines. Policies provide
detail to the associated goals and act as a bridge between the goals and implementing regulations.
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The SMP goals and policies are categorized according to the SMP elements mandated in the
SMA. The general goal and policy statements found within each SMP element provide the policy
basis for the City's SMP administration.
4.1 Economic Development Element
(1) Goals:
(a) Goal A: Support water -oriented uses to maximize the positive economic
impact of tourism and recreational development.
(b) Goal B: Promote economic growth that conserves natural resources and
open spaces and maintains the environmental quality.
(c) Goal C: Maintain existing development and secure additional commercial
and industrial facilities and infrastructure necessary for existing and future
development in shoreline areas where it is most feasible, while
maintaining environmental quality.
(d) Goal D: Recognize the role of the rivers as a transportation corridor that
facilitates trade and economic growth. Protect and expand the assets
necessary in the rivers and on the shoreline to utilize that transportation
corridor to promote economic development.
(2) Policies:
(a) Ensure healthy, orderly economic growth by providing for those economic
activities that will be an asset to the local economy and for which the
adverse effects on the quality of the shoreline and surrounding
environment can be mitigated. Ensure any economic activity taking place
along the shoreline operates without causing irreparable harm to the site's
environment or adjacent shoreline areas.
(b) Maintain and protect existing water -dependent and water -related
industries that support the City's economy. Provide opportunities for
future expansions of such industries.
(c) Allow diversion of water for agricultural, commercial, and industrial
purposes consistent with the State's water rights laws.
(d) Dredging of the rivers and shoreline transportation assets is a necessary
component of maintaining the capabilities of the rivers to serve as a
transportation corridor for inputs and outputs of industries within Pasco
and surrounding areas.
(e) Promote tourism and develop and maintain, as an economic asset, the
recreation and tourism industry along shorelines in a manner that will
enhance public enjoyment.
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(f) Work with the Port of Pasco, Franklin County, and other agencies to
ensure sustainable economic growth along the shoreline. Encourage
cooperative use of existing port facilities, including docks and piers, where
feasible and when they do not negatively affect the public safety.
(g) Give preference to economic activities in undeveloped areas, which either
leave natural or existing shoreline features such as trees, shrubs, grasses,
and wildlife habitat, unmodified, or modify them in a way that enhances
human awareness and appreciation of the shoreline and other natural and
non -natural surroundings.
(h) Encourage new water -dependent, water -related, and water -enjoyment
economic development in priority order.
(i) Where possible, encourage development that incorporates low -impact
development techniques into new projects and integrates architectural and
landscape elements that recognize the river environment.
(j) Require non -water -oriented commercial or recreational development to
provide for ecological restoration and public access as appropriate.
(k) Ensure new industrial and commercial uses will not result in a net loss of
shoreline ecological functions or have significant adverse impacts on
navigation, recreation, and public access.
4.2 Public Access and Recreation Element
(1) Goals:
(a) Goal A: Promote, protect, and enhance physical and visual public access
along the shoreline of the Columbia and Snake rivers. Increase the amount
and diversity of public access along the shoreline consistent with private
property rights, public safety, and the natural shoreline character.
(b) Goal B: Maintain and enhance the existing public access system according
to the City's Public Access Plan (Rivershore Linkage and Amenity Plan
approved by the City in 2012), building upon the City's many types of
shoreline public access with new public access opportunities where
appropriate.
(c) Goal C: Provide physical and visual public access as feasible and when
new development creates demand for public access.
(d) Goal D: Ensure diverse, convenient, and adequate water -oriented
recreational opportunities along the shoreline for the public.
(e) Goal F: Give water -oriented shoreline recreational development priority
within shoreline jurisdiction.
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(2) Policies:
(a) Protect and enhance visual and physical access to shoreline, especially on
public properties. Provide visual access, such as viewpoints or view
corridors, in areas with limited physical access due to a steep slope or the
sensitive nature of the shoreline whenever possible.
(b) Ensure new developments, uses, and activities on or near the shoreline do
not impair or detract from the public's access to the water. Where
practicable, public access to the shoreline should be enhanced.
(c) Design public access that minimizes potential impacts to private property
and individual privacy.
(d) Locate, design, manage, and maintain public access and recreation
facilities in a manner that protects shoreline ecological functions and
processes and the public's health and safety.
(e) Identify opportunities for public access on publicly owned shorelines and
according to the City's Public Access Plan. Encourage federal, state, and
local governments to provide public access and recreational uses on
existing shoreline properties according to their management policies such
as existing state parks, trails and U.S. Army Corps of Engineers (USACE)
lands along the Columbia River.
(f) Preserve, maintain, and enhance public access afforded by shoreline street
ends, public utilities, and rights -of -way.
(g) Provide physical and visual public access in the shoreline jurisdiction in
association with the following uses when feasible: residential
developments with five or more dwellings; commercial development; and
public agency recreational development.
(h) Provide public access and interpretive displays as part of publicly funded
restoration projects where significant ecological impacts are addressed.
(i) Allow for passive and active shoreline recreation that emphasizes location
along shorelines in association with the state, county and other public
agency parks, recreation, wildlife habitat, and open -space plans.
(j) Encourage a variety of compatible recreational experiences and activities
to satisfy the City's diverse recreational needs such as parks, boat lunches,
docks, trails, and viewing platforms.
(k) Give water -dependent recreation priority water -enjoyment recreation uses.
Give water -enjoyment recreational uses priority over non -water -oriented
recreational uses.
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(1) Integrate and link water -oriented recreational facilities with other
amenities along the shoreline, such as walking trails, bicycle paths,
easements, and scenic drives when feasible. For example, encourage
connection between the Sacajawea Heritage Trail and the Columbia
Plateau Trail in Franklin County.
(m) Promote non -intensive recreational uses that avoid adverse effects to the
natural environment, do not contribute to flood hazards, and avoid damage
to the shoreline environment through modifications such as structural
shoreline stabilization or native vegetation removal.
4.3 Circulation Element
(1) Goals:
(a) Goal A: Develop safe, convenient, and diversified circulation systems to
ensure efficient movement of people, goods, and services, with minimal
adverse impacts on the shoreline environment.
(2) Policies:
(a) Provide safe, reasonable, and adequate circulation systems to shorelines
where routes will minimize adverse effects on unique or fragile shoreline
features and existing ecological systems, while contributing to the
functional and visual enhancement of the shoreline.
(b) Within the shoreline jurisdiction, locate land circulation systems that are
not shoreline -oriented and as far from the land -water interface as
practicable to reduce interference with either natural shoreline resources or
other appropriate shoreline uses.
(c) Allow for maintenance and improvements to existing roads and parking
areas. Allow for necessary new roads and parking areas when other
locations outside of shoreline jurisdiction are not feasible.
(d) Plan and develop a circulation network, which is compatible with the
shoreline environment and respects and protects ecological and aesthetic
values in the shoreline of the state, as well as private property rights.
(e) In the circulation network, plan for pedestrian, bicycle, and public
transportation where appropriate. Circulation planning and projects should
support existing and proposed shoreline uses that are consistent with the
SMP.
(f) Promote existing transportation corridors for reuse for water -dependent
uses or public access when they are abandoned.
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(g) Encourage relocation or improvement of those circulation elements that
are functionally or aesthetically disruptive to the shoreline, public
waterfront access, and ecological functions.
(h) Plan parking areas to achieve optimum use. Where possible, parking
should serve more than one use (e.g., serving recreational use on
weekends and commercial use on weekdays).
(i) Encourage low -impact parking facilities such as those with gravels or
permeable pavements and bio-swales.
(j) Encourage trails and bicycle paths along shorelines in a manner
compatible with the natural character, resources, and ecology of the
shoreline.
(k) Encourage the linkage of shoreline parks, recreation areas, and public
access points with linear systems, such as hiking and bicycle paths,
easements, and scenic drives.
4.4 Shoreline Uses and Modifications Element
(1) Goals:
(a) Goal A: Encourage shoreline development and uses that recognize the
City's natural and cultural values and its unique aesthetic qualities offered
by its variety of shoreline environments, including, but not limited to,
reservoir -bounded river segments, flood protection levees, recreational
and industrial developments, riverine wetlands, open views, and plentiful
formal and informal public access.
(b) Goal B: The City recognizes and protects the functions and values of the
shoreline environments of statewide and local significance. For SSWS,
protection and management priorities are to:
(i) Recognize and protect statewide interest over local interest;
(ii) Preserve the natural character of the shoreline;
(iii) Provide long-term over short-term benefits;
(iv) Protect the resources and ecology of shoreline;
(v) Increase public access to publicly owned areas of shoreline;
(vi) Increase recreational opportunities for the public in shoreline areas;
and
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(vii) Recognize the statewide interest in keeping the Columbia and
Snake rivers adequately dredged and maintained to facilitate trade.
(2) General Policies:
(a) Maintain areas within the shoreline jurisdiction with unique attributes for
specific long-term uses, including commercial, industrial, residential,
recreational, and openspace uses.
(b) Ensure proposed shoreline uses are distributed, located, and developed in a
manner that will maintain or improve the health, safety, and welfare of the
public when such uses occupy shoreline areas.
(c) Ensure activities and facilities are located on the shoreline in such a
manner as to retain or improve the quality of the environment.
(d) Ensure proposed shoreline uses do not infringe upon the rights of others,
upon the rights of private ownership, upon the rights of the public under
the Public Trust Doctrine of federal navigational servitude, and treaty
rights of Native American tribes.
(e) Minimize the adverse impacts of shoreline uses and activities on the
environment during all phases of development (e.g., design, construction,
management, and use).
(3) Shoreline Environment Designation Policies:
(a) Provide a comprehensive shoreline environment designation system to
categorize the City's shoreline into environments based on the primary
characteristics of shoreline areas to guide the use and management of
these areas and to preserve wildlife habitat area, natural resources, and
public agency operations.
(b) Designate properties as Natural in order to protect and restore those
shoreline areas that are relatively free of human influence or that include
intact or minimally degraded shoreline functions that are sensitive to
potential impacts from human use.
(c) Designate properties Urban Conservancy to protect and restore ecological
functions of open space, floodplain, and other sensitive lands, while
accommodating low -intensity uses.
(d) Assign appropriate designations to accommodate recreational uses. Ensure
intense recreational uses, such as boat launches and parks, do not conflict
with the sensitive nature of the shoreline (e.g., habitat management units)
where low impact recreational uses are more appropriate.
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(e) Assign appropriate designation for flood protection areas maintained by
public agencies, while allowing low -intensity recreational uses such as
trail and viewpoints.
(f) Assign properties as High Intensity — Industrial to support industrial,
commercial, irrigation supply, transportation, and navigation activities
while maintaining the ecological functions.
(g) Assign properties as High Intensity — Mixed Use to support commercial,
residential, transportation, and navigation activities while maintaining the
ecological functions.
(h) Designate properties as Shoreline Residential to accommodate higher
density residential development and recognize existing and proposed land
uses. This designation is appropriate for residential uses on lands with
zoning classifications for detached and attached residences.
(4) Agriculture Policies:
(a) This SMP recognizes the importance of agriculture to the City's economy
and also as it exists in the City limits and urban growth areas (UGAs).
Allow for ongoing agricultural activities, while also maintaining shoreline
ecological functions and processes.
(b) Conduct new agricultural development in a manner that ensures no net
loss of shoreline ecological functions and processes.
(c) Maintain a vegetative buffer between agricultural lands and waterbodies
or wetlands.
(d) Conversion of agricultural lands to other uses should comply with all
policies and regulations for non-agricultural uses.
(5) Boating Facilities Policies:
(a) Locate and design boating facilities so their structures and operations will
be compatible with the area affected such as environmental conditions,
shoreline configuration, access, and neighboring upland and aquatic uses.
(b) Require restoration activities when substantial improvements or repairs to
existing boating facilities are planned.
(c) Boating facilities that minimize the amount of shoreline modification are
preferred.
(d) Boating facilities should provide physical and visual public shoreline
access and provide for multiple uses, including water -related use, to the
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extent compatible with shoreline ecological functions and processes and
adjacent shoreline use.
(e) Boating facilities should be located and designed to avoid adverse effects
on riverine and nearshore processes, such as erosion, littoral or riparian
transport, accretion, and where feasible, enhance degraded, scarce, and/or
valuable shore features including accretion shoreforms.
(f) Location and design of boating facilities should not unduly obstruct
navigable waters and should avoid adverse effects to recreational
opportunities such as fishing, pleasure boating, swimming, beach walking,
picnicking, and shoreline viewing.
(6) Breakwaters, Jetties, Groins, and Weirs Policies:
(a) To the extent feasible, limit the use of breakwaters, jetties, groins, weirs,
or other similar structures to those projects providing ecological
restoration or other public benefits. These structures should avoid or
minimize significant ecological impacts. Impacts that cannot be avoided
should be mitigated.
(7) Dredging and Dredge Material Disposal Policies:
(a) Dredging and dredge material disposal should avoid and minimize
significant ecological impacts. Impacts that cannot be avoided should be
mitigated.
(b) Design and locate new shoreline development to minimize the need for
dredging.
(c) Limit dredging and dredge material disposal to the minimum necessary to
allow for shoreline restoration, flood hazard reduction, and maintenance of
existing legal moorage and navigation, and to support existing industrial
areas. Except for industrial development, dredging to provide for new
navigation uses is discouraged.
(d) Dredging to support industrial development and to maintain existing
transportation corridors is a necessary and critical component of shoreline
management.
(e) Ensure dredging operations are planned and conducted in a manner that
will minimize interference with navigation and lessen adverse impacts to
other shoreline uses.
(8) Fill Policies:
(a) Limit fill waterward of the OHWM to support ecological restoration or to
facilitate water -dependent or public access uses.
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(b) Allow fill consistent with floodplain regulations upland of the OHWM,
provided it is located, designed, and constructed to protect shoreline
ecological functions and ecosystem -wide processes, including channel
migration, and is the minimum necessary to implement an approved
project.
(9) In -stream Structures Policies:
(a) Locate, plan, and permit in -stream structures only when consistent with
the full range of public interests, ecological functions and processes, and
environmental concerns, with special emphasis on protecting and restoring
priority habitats and species.
(10) Mining Policies:
(a) Locate mining facilities outside shoreline jurisdiction whenever feasible.
(b) Do not allow mining in any location waterward of the OHWM.
(c) Design and locate mining facilities and associated activities to prevent loss
of ecological function. Give preference to mining uses that result in the
creation, restoration, or enhancement of habitat for priority species.
(d) Protect waterbodies from sources of pollution, including, but not limited
to, sedimentation and siltation, chemical and petrochemical use, and
spillage and storage/disposal of mining wastes and spoils.
(e) Mining operations should be located, designed, and managed so that other
appropriate uses are not subjected to substantial or unnecessary adverse
impacts from noise, dust, or other effects of the operation. The operator
may be required to implement measures, such as buffers, limited hours, or
other mitigating measures, for the purpose of minimizing adverse
proximity impacts.
(11) Pier and Dock Policies:
(a) Pier and dock provisions should be consistent with the USACE McNary
Pool Management Plan.
(b) Moorage associated with a single-family residence is considered a
water -dependent use provided that it is designed and used as a facility to
access watercraft, and other moorage facilities are not available or
feasible. Moorage for water -related and water -enjoyment uses or shared
moorage for multi -family use should be allowed as part of a mixed -use
development or where it provides public access.
(c) New moorage, excluding docks accessory to single-family residences,
should be permitted when the applicant/proponent has demonstrated that a
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specific need exists to support the intended water -dependent or public
access use.
(d) As an alternative to continued proliferation of individual private moorage,
mooring buoys are preferred over docks or floats. Shared moorage
facilities are preferred over single -user moorage where feasible, especially
where water -use conflicts exist or are predictable. New subdivisions of
more than two lots and new multi -family development of more than two
dwelling units should provide shared moorage where feasible.
(e) Docks, piers, and mooring buoys, including those accessory to
single-family residences, should avoid locations where they will adversely
impact shoreline ecological functions or processes, including high -velocity
currents and littoral drift.
(f) Moorage should be spaced and oriented in a manner that minimizes
hazards and obstructions to public navigation rights and corollary rights
thereto, such as, but not limited to, fishing, swimming, and pleasure
boating, and private riparian rights of adjacent landowners.
(g) Moorage should be restricted to the minimum size necessary to meet the
needs of the proposed use. The length, width, and height of piers and
docks should be no greater than that required for safety and practicality for
the primary use.
(h) Pile supports are preferred over fills because piles do not displace water
surface or aquatic habitat and are removable and thus are more flexible in
terms of long-term use patterns. Floats may be less desirable than pile
structures where aquatic habitat or littoral drift are significant.
(i) The use of buoys for small craft moorage is preferred over pile or float
structures because of less long-term impact on shore features and users;
moorage buoys should be placed as close to shore as possible to minimize
obstruction to navigation.
(j) Piers and docks should be constructed of materials that will not adversely
affect water quality or aquatic plants and animals in the long term.
(k) New pier and dock development should be designed so as not to interfere
with lawful public access to or use of shorelines. Developers of new piers
and shared moorage should be encouraged to provide physical or visual
public access to shorelines whenever safe and compatible with the primary
use and shore features.
(12) Recreational Development Policies:
(a) Shoreline recreational development should be given priority for shoreline
location to the extent that the use facilitates the public's ability to reach,
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touch, and enjoy the water's edge, to travel on the waters of the state, and
to view the water and the shoreline. Where appropriate, such facilities
should be dispersed along the shoreline in a manner that supports more
frequent recreational access and aesthetic enjoyment of the shoreline for a
substantial number of people.
(b) Recreational developments should facilitate appropriate use of shoreline
resources while conserving them. These resources include, but are not
limited to, cultural resources, accretion shoreforms, wetlands, soils,
groundwater, surface water, native plant and animal life, and shore
processes.
(c) Recreational facilities should be a combination of active and passive
types. Location of such facilities should consider the ecological function
and sensitive nature of the shoreline in order to avoid adverse impacts. For
example, wildlife and habitat preservation areas with sensitive shoreline
habitat should have low -impact recreational uses.
(d) Recreational developments and plans should provide the regional
population with a varied and balanced choice of recreation experiences in
appropriate locations. Public agencies should coordinate their plans and
activities to provide a wide variety of recreational opportunities without
needlessly duplicating facilities.
(e) Recreational development should encourage the linkage of shoreline
parks, recreation areas, and public access points with linear systems such
as hiking paths, bicycle paths, easements, and scenic drives.
(f) When feasible, recreation facilities should incorporate public education
regarding shoreline ecological functions and processes, the role of human
actions on the environment, and the importance of public involvement in
shoreline management. Opportunities incorporating educational and
interpretive information should be pursued in design and operation of
recreation facilities and nature trails.
(g) Recreational development should be located and designed to preserve,
enhance, or create scenic views and vistas.
(13) Residential Development Policies:
(a) Consider single-family residential development as a priority use.
(b) Locate and construct residential development in a manner that ensures no
net loss of shoreline ecological functions.
(c) Ensure the overall density of development, lot coverage, and height of
structures is appropriate to the physical capabilities of the site and
consistent with the Comprehensive Plan.
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(d) Ensure new residential development provides adequate buffers or
open space from the water to protect ecological functions and
ecosystem -wide processes, preserve views, preserve shoreline aesthetic
characteristics, protect the privacy of nearby residences, and minimize use
conflicts.
(e) Make adequate provisions for services and infrastructure necessary to
support residential development.
(f) Design and locate residential development to preserve existing shoreline
vegetation, control erosion, and protect water quality.
(g) Design and locate new residences so shoreline stabilization will not be
necessary to protect the structure. The creation of new residential lots
should demonstrate the lots can be developed without:
(i) Constructing shoreline stabilization structures (such as bulkheads);
(ii) Causing significant erosion or slope instability;
(iii) Removing existing native vegetation within shoreline buffers;and
(iv) Disturbing cultural resources.
(14) Shoreline Habitat and Natural Systems Enhancement Projects Policies:
(a) Include provisions for shoreline vegetation restoration or enhancement,
fish and wildlife habitat enhancement, and low -impact development
techniques in projects located within shoreline jurisdiction, where feasible.
(b) Encourage and facilitate implementation of projects and programs
included in the SMP Shoreline Restoration Plan.
(15) Shoreline Stabilization Policies:
(a) Locate and design new development, including subdivisions, to eliminate
the need for new shoreline modification or stabilization.
(b) Design, locate, size, and construct new or replacement structural shoreline
stabilization measures to minimize and mitigate the impact of these
modifications on the City's shorelines.
(c) Give preference to non-structural shoreline stabilization measures over
structural shoreline stabilization and give preference to soft structural
shoreline stabilization over hard structural shoreline stabilization.
(d) Allow location, design, and construction of riprap and other bank
stabilization measures primarily to prevent damage to existing
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development or to protect the health, safety, and welfare of the City's
residents.
(e) Encourage fish -friendly shoreline design during new construction and
redevelopment by offering incentives and regulatory flexibility.
(16) Utilities Policies:
(a) Allow for utility maintenance and extension with criteria for location and
vegetation restoration as appropriate.
(b) Plan, design, and locate utility facilities to minimize harm to shoreline
functions, preserve the natural landscape, and minimize conflicts with
present and future planned land and shoreline uses, while meeting the
needs of future populations in areas planned to accommodate growth.
(c) Do not permit new non -water -oriented primary utility production and
processing facilities or parts of those facilities, such as power plants,
solid waste storage, or disposal facilities, within shoreline jurisdiction
unless no other options are feasible. Primary utility facilities, such as
wastewater treatment plants, and expansion of existing facilities should be
located in shoreline jurisdiction only if no practical upland alternative or
location exists. Such facilities and expansions should be designed and
located to minimize impacts on shoreline ecological functions, including
riparian and aquatic areas, and to the natural landscape and aesthetics.
Public health and safety should be the highest priority for the planning,
development, and operation of primary utility facilities.
(d) Locate utility transmission facilities for the conveyance of services, such
as power lines, cables, and pipelines, outside of shoreline jurisdiction
where feasible. Where permitted within shoreline jurisdiction, such
facilities should be located within existing or approved road crossings,
rights -of -way, and corridors or in such a way as to minimize potential
adverse impacts on shoreline areas. Joint use of rights -of -way and
corridors in shoreline areas should be encouraged.
(e) Locate new utility facilities so as not to require extensive shoreline
protection works.
(f) Locate utility facilities and corridors to protect scenic views from public
parks and trails. Whenever possible, such facilities should be placed
underground or alongside or under bridges.
(g) Design utility facilities and rights -of -way to preserve the natural landscape
and to minimize conflicts with present and planned land uses.
(17) Existing Uses Policies:
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(a) Allow nonconforming, existing legal uses and structures to continue in
accordance with this SMP. Residential structures and appurtenant
structures that were legally established and are used for a conforming use
(but do not meet standards for setbacks, buffers, or yards), area, bulk,
height, or density, should be considered a conforming structure.
(b) Allow alterations of nonconforming structures, uses, and lots in
consideration of historic development patterns when occupied by preferred
uses and consistent with public safety and other public purposes.
(c) Encourage transitions from nonconforming uses to conforming uses.
(d) Allow for nonconforming structures to expand when they do not increase
the nonconformity according to SMP requirements.
(e) Allow for existing roads, driveways, and utility lines to continue and
expand when they do not increase the nonconformity according to SMP
requirements.
(f) Consider the no net loss of ecological function objective to guide review
of proposed expansions or other changes to nonconforming uses and new
development on nonconforming vacant lots. This objective may be
addressed in an area -wide manner consistent with the SMP cumulative
impacts analysis.
4.5 Conservation Element
(Goals and policies for Environmental Protection, Critical Areas, and Shoreline Vegetation
Conservation, and Water Quality, Stormwater Management, and Nonpoint Pollution)
(1) Goals:
(a) Goal A: Protect the existing hydraulic, hydrologic, and habitat functions,
as well as scenic and recreational values, of City's shorelines and the
McNary Pool.
(2) General Policies:
(a) Develop and implement management practices that will ensure a sustained
yield of renewable resources of the shorelines while preserving,
protecting, enhancing, and restoring unique and non-renewable shoreline
resources, environments, or features.
(b) To the greatest extent feasible, reclaim and restore areas that are
biologically and aesthetically degraded while maintaining appropriate use
of the shoreline.
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(c) Preserve scenic vistas, aesthetics, fisheries and wildlife habitat, and other
critical areas.
(d) Protect shoreline processes and ecological functions through regulatory
and non -regulatory means that may include acquisition of key properties,
conservation easements, regulation of development within shoreline
jurisdiction, and incentives to private property owners to encourage
ecologically sound design and implementation of best land management
practices.
(e) Protect and manage shoreline -associated wetlands, including maintenance
of sufficient volumes of surface and subsurface drainage into wetlands, to
sustain existing vegetation and wildlife habitat.
(f) Work with other jurisdictional agencies in the region and with the private
sector to deal effectively with regional and watershed -wide natural
environment issues and the protection, preservation, and enhancement of
all shoreline areas as fish and wildlife habitat.
(g) Manage development to avoid risk and damage to property and loss of life
from geological conditions.
(h) Regulate development within the SMP area of the 100-year floodplain to
avoid risk and damage to property and loss of life.
(i) Prohibit the introduction of invasive plant species along shorelines and
encourage the removal of noxious and invasive weeds and trees.
(j) Protect, enhance, and maintain healthy vegetation consistent with the local
climate and nature of shoreline.
(3) Critical Areas:
(a) Goals:
(i) Goal A: Promote public health and welfare by instituting local
measures to preserve naturally occurring wetlands, critical aquifer
recharge areas, geologically hazardous areas, frequently flooded
areas (also see SMP Section I — 4.7: Flood Hazard Management
goals and policies), and fish and wildlife habitat conservation areas
that exist in the City's shoreline jurisdiction for their associated
value.
(ii) Goal 13: Reduce the threat posed to the health and safety of citizens
from commercial, residential, or industrial development that may
be sited in areas of significant geologic hazard.
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(iii) Goal C: Identify categories of fish and wildlife habitat
conservation areas in the City's shoreline jurisdiction, based in part
on information supplied by Washington State Department of Fish
and Wildlife's (WDFW's) Priority Habitat and Species Program
and other sources.
(iv) Goal D: Protect local wildlife values and reflect the needs and
desires of the public.
(b) Policies:
(i) Recognize that critical areas may serve a variety of vital functions,
including, but not limited to, flood storage and conveyance, water
quality protection, recharge and discharge areas for groundwater,
erosion control, sediment control, fish and wildlife habitat,
recreation, education, and scientific research.
(ii) Implement protection measures that strive to spare identified value
and function of critical areas that may be in jeopardy from new
development proposals. However, these regulations shall not
prohibit uses legally existing on any parcel prior to their adoption.
(iii) Avoid unnecessary duplication with various legal means and levels
of government that already address protection of wetlands, and
promote cooperation and coordination whenever possible.
(iv) Recognize that risks from geologic hazards can be reduced or
mitigated to acceptable levels through engineering design or
modified construction practices. In other cases where technological
efforts are not sufficient to reduce associated risks, building is best
avoided. Cooperate with federal, state, and private agencies and
individuals who have primary authority to manage specific fish
and wildlife habitat conservation areas within certain parts of the
City.
(v) Encourage preservation of adequate size blocks of land necessary
for species survival and corridor areas that allow for migratory
travel.
(vi) Recognize that species of wildlife in the City's locality are in a
state of continuing flux, and a prudent understanding of this
phenomenon is vital in guiding decision makers to balance
conservation of wildlife species with promotion of wise, desirable
growth.
4.6 Historic, Cultural, Scientific, and Educational Resources Element
(1) Goals:
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(a) Goal A: Identify, preserve, and protect historical, cultural, and
archaeological resources found to be significant by recognized local, state,
or federal processes in compliance with State and Federal laws.
(b) Goal B: Encourage educational and scientific projects and programs that
foster a greater appreciation for the importance of shoreline management,
water -oriented activities, environmental conservation, and local historic
connections with the City's shoreline.
(2) Policies:
(a) Identify, protect, preserve, and restore important archeological, historic,
and cultural sites located in shoreline areas.
(b) Encourage educational projects and programs that foster a greater
appreciation of the importance of shoreline management, maritime
activities, environmental conservation, and maritime history, consistent
with protecting no net loss of ecological functions.
(c) Prevent public or private uses and activities from damaging, altering,
removing, or destroying any site having historic, cultural, scientific, or
educational value without appropriate analysis and mitigation.
4.7 Flood Hazard Management Element
(1) Goals:
(a) Goal A: Protect public safety within river floodways and floodplains while
recognizing that water levels in Columbia and Snake rivers are generally
stable as part of the McNary Pool. Protect natural systems by preserving
the flood storage function of floodplains.
(b) Goal B: Diminish potential hazards that may be caused by inappropriate
development in areas where severe and costly flooding is anticipated to
occur.
(2) Policies:
(a) Manage development proposed within floodplains and floodways
consistent with the SMA, Federal Emergency Management Agency
(FEMA) standards, and Critical Area Regulations for frequently flooded
areas contained within this SMP.
(b) Implement protection measures designed to minimize hazards in
frequently flooded areas that already exist as detailed in
Pasco Municipal Code (PMC) 24.20, Provisions for Flood Hazard
Protection.
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(c) Work with Franklin County and state and federal agencies to deal
effectively with regional flooding issues.
(d) Control stormwater runoff in a manner consistent with low -impact
development practices, which utilize natural detention, retention, and
recharge techniques.
(e) Prohibit any development within the floodplain that would individually or
cumulatively cause any increase in the base flood elevation beyond FEMA
standards.
4.8 Private Property Right
(1) Goals:
(a) Goal A: Recognize and protect private property rights in shoreline uses
and developments consistent with the public interest.
(2) Policies:
(a) Shoreline uses should be located and designed to respect private property
rights, maintain privacy of private property, be compatible with the
shoreline environment, protect ecological functions and processes, and
protect aesthetic values of the shoreline.
(b) Public access to shoreline, such as trails, bikeways, or roads, should
consider the privacy of private property owners when locating them near
private properties.
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SECTION II: Shoreline Regulations
Article I. Authority and Purpose
29.01.010 Authority
(1) The SMA of 1971, RCW 90.58, is the authority for the enactment and
administration of this SMP.
29.01.020 Applicability
(1) This SMP applies to all development, the construction or exterior alteration of
structures; dredging; drilling; dumping; filling; removal of any sand, gravel,
minerals or vegetation; bulkheading; driving of piling; placing of obstructions; or
any project of a permanent or temporary nature which interferes with the normal
public use of the surface of the waters of the state subject to Chapter 90.58 RCW
at any stage of water level. The following activities do not meet the definition of
development:
(a) Interior building improvements;
(b) Routine landscape maintenance of established, ornamental landscaping,
such as lawn mowing, pruning and weeding;
(c) Routine cleaning of the following existing facilities that does not expand
the affected area: septic tanks, wells, and individual utility service
connections;
(d) Dismantling or removing structures if there is no other associated
development or redevelopment;
(e) Pursuant to RCW 90.58.355, any person conducting a remedial action at a
facility pursuant to a consent decree, order, or agreed order issued
pursuant to RCW 70A.305, or to Ecology when it conducts a remedial
action under RCW 70.305;
(f) Pursuant to RCW 90.58.355, any person installing site improvements for
storm water treatment in an existing boatyard facility to meet requirements
of a national pollutant discharge elimination system storm water general
permit;
(g) Washington State Department of Transportation projects and activities
meeting the conditions of RCW 90.58.356;
(h) Projects consistent with an environmental excellence program agreement
pursuant to RCW 90.58.045 and RCW 43.21K;
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(i) Projects authorized through the Energy Facility Site Evaluation Council
process, pursuant to RCW 80.50; and
(j) Areas and uses in those areas that are under exclusive federal jurisdiction
as established through federal or state statutes are not subject to the
jurisdiction of RCW 90.58.
(2) This SMP shall apply to all of the shoreline areas, waters, and critical areas
within the shoreline jurisdiction of the City as described in SMP Section I,
Shoreline Goals and Policies, Profile of the Shoreline Jurisdiction, within the
city limits of the City of Pasco.
(3) All proposed uses, activities, or development occurring within shoreline
jurisdiction must conform to the intent and requirements of RCW 90.58, the
SMA, and this SMP whether or not a permit or other form of authorization is
required. See SMP Shoreline Goals and Policies section for the shoreline
jurisdiction description and'SMP Article VII for the definition of uses,
activities, and development.
(4) The SMP applies to shoreline jurisdiction within the City limits; this SMP will
not apply to shorelines in the UGAs until the annexation of the UGA areas to
City is finalized.
(5) Pursuant to WAC 173-27-060, federal agency activities may be required by
other federal laws to meet the permitting requirements of RCW 90.58. This
SMP shall apply to all nonfederal developments and uses undertaken on federal
lands and on lands subject to nonfederal ownership, lease, or easement, even
though such lands may fall within the external boundaries of federal ownership.
(6) As recognized by RCW 90.58.350, the provisions of this SMP shall not affect
treaty rights of Native American tribes.
(7) Maps indicating the extent of shoreline jurisdiction and shoreline designations
are guidance only. They are to be used in conjunction with the most current
scientific and technical information available, field investigations, and on -site
surveys to accurately establish the location and extent of shoreline jurisdiction
when a project is proposed. All areas meeting the definition of a shoreline of the
state or a SSWS, whether mapped or not, are subject to the provisions of this
SMP.
29.01.030 Purpose
(1) The purposes of this SMP are:
(a) To promote the public health, safety, and general welfare of the City by
providing comprehensive policies and effective, reasonable regulations for
development, use, and protection of jurisdictional shorelines;
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(b) To further assume and carry out the local government responsibilities
established by the SMA in RCW 90.58.050, including planning and
administering the regulatory program consistent with the policy and
provisions of the SMA in RCW 90.58.020;
(i) To provide a high quality shoreline environment where:
(ii) Recreational opportunities are abundant;
(iii) The public enjoys access to and views of shoreline areas;
(iv) Natural systems are preserved, restored, or enhanced;
(v) Ecological functions of the shoreline are maintained and improved
over time;
(vi) Water -oriented uses are promoted consistent with the shoreline
character and environmental functions
(c) To apply special conditions to those uses that are not consistent with the
control of pollution and prevention of damage to the natural environment
or are not unique to or dependent on use of the state's shoreline; and
(d) To ensure no net loss of ecological functions associated with the shoreline.
29.01.040 Relationship to Other Codes, Ordinances, and Plans
(1) All applicable federal, state, and local laws shall apply to properties in the
shoreline jurisdiction. Where this SMP makes reference to any RCW, WAC, or
other state or federal law or regulation, the most recent amendment or current
edition shall apply.
(2) In the event provisions of this SMP conflict with provisions of federal, state, or
city regulations, the provision that is most protective of shoreline resources shall
prevail. It is understood that the provisions of this SMP may not allow
development to occur at what otherwise might be the property's full zoning
potential.
(a) Local plans or programs include, but are not limited to:
(1) PMC 24.20 — Provisions for Flood Hazard Protection
(ii) PMC Title 23, Environmental Impact
(iii) PMC Title 25, Zoning
(b) State and federal programs include, but are not limited to:
(i) Washington State Hydraulic Project Permits (HPA)
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(ii) Washington State Pesticide Applicator License Requirements
(iii) Washington State Waste Discharge Permits
(iv) Washington State Water Quality Certification Requirements (401)
(v) USACE 404 Permits and Section 10 Permits
(3) The policies in the SMP, contained in the SMP elements, state those underlying
objectives that the regulations are intended to accomplish. The policies guide
the interpretation and enforcement of the SMP regulations contained in
PMC 29.01. The policies are not regulations in themselves and, therefore, do
not impose requirements beyond those set forth in the regulations.
(4) This SMP contains Critical Area Regulations in PMC 29.01 Article V,
applicable only in shoreline jurisdictions that provide a level of protection to
critical areas assuring no net loss of shoreline ecological functions necessary to
sustain shoreline natural resources (RCW 36.70A.480). In the event of a conflict
between the requirements of this code and any other code or ordinance of the
City, the regulation that provides the greater protection for the particular critical
area within shoreline jurisdiction shall apply.
(5) Projects in the shoreline jurisdiction that have either been deemed technically
complete through the application process or have been approved through local
and state reviews prior to the adoption of this SMP are considered accepted.
Major changes or new phases of projects that were not included in the originally
approved plan will be subject to the policies and regulations of this SMP.
29.01.050 Liberal Construction
(1) According to RCW 90.58.900, SMA is exempted from the rule of strict
construction, and it shall be liberally construed to give full effect to the
objectives and purposes for which it was enacted.
29.01.060 Severability
(1) Should any section or provision of this SMP be declared invalid, such decision
shall not affect the validity of this SMP as a whole.
29.01.070 Effective Date
(1) The SMP is hereby adopted on XX 2023. This SMP and all amendments thereto
shall become effective fourteen (14) days after final approval and adoption by
Ecology.
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29.01.080 Definitions
(1) "Act" means the Washington State Shoreline Management Act (SMA),
Revised Code of Washington (RCW) 90.58.
(2) "Additions" means improvements to an existing building or structure, the cost
of which does not exceed 50% of the assessed value of the total structure or
result in an increase greater than 25% of the building footprint (up to a
maximum of 500 square feet) before the addition is started. Additions must
share a common wall (one full side) with the original structure.
(3) "Adjacent," for purposes of applying Article V — Critical Areas, means
immediately adjoining (in contact with the boundary of the influence area) or
within a distance less than that needed to separate activities from critical areas
to ensure protection of the functions and values of the critical areas. Adjacent
shall mean any activity or development located:
(a) On -site immediately adjoining a critical area; or
(b) A distance equal to or less than the required critical area buffer width and
building setback.
(4) "Agricultural activities" means agricultural uses and practices including, but not
limited to: producing, breeding, or increasing agricultural products; rotating and
changing agricultural crops; allowing land used for agricultural activities to lie
fallow in which it is plowed and tilled but left unseeded; allowing land used for
agricultural activities to lie dormant as a result of adverse agricultural market
conditions; allowing land used for agricultural activities to lie dormant because
the land is enrolled in a local, state, or federal conservation program, or the land
is subject to a conservation easement; conducting agricultural operations;
maintaining, repairing, and replacing agricultural equipment; maintaining,
repairing, and replacing agricultural facilities, provided that the replacement
facility is no closer to the shoreline than the original facility; and maintaining
agricultural lands under production or cultivation. Also see definition of
"New Agricultural Activities" below.
(5) "Agricultural products" includes: but is not limited to horticultural, viticultural,
floricultural, and vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed,
and apiary products; feed or forage for livestock; Christmas trees; hybrid
cottonwood and similar hardwood trees grown as crops and harvested within
20 years of planting; and livestock, including both the animals themselves and
animal products including, but not limited to, meat, upland finfish, poultry and
poultry products, and dairy products.
(6) "Agricultural equipment" includes, but is not limited to, the following used in
agricultural operations:
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(a) Equipment; machinery; constructed shelters, buildings, and ponds; fences;
upland finfish rearing facilities; water diversion, withdrawal, conveyance,
and use equipment and facilities including, but not limited to, pumps,
pipes, tapes, canals, ditches, and drains;
(b) Corridors and facilities for transporting personnel, livestock, and
equipment to, from, and within agricultural lands;
(c) Farm residences and associated equipment, lands, and facilities; and
(d) Roadside stands and on -farm markets for marketing fruit or vegetables.
(7) "Agricultural land" means those specific land areas on which agriculture
activities are conducted as of the date of adoption of a local Shoreline Master
Program (SMP) pursuant to these guidelines as evidenced by aerial photography
or other documentation. After the effective date of the SMP, land converted to
agricultural use is subject to compliance with the requirements of the SMP.
(8) "Alteration," for purposes of applying Article V — Critical Areas, means any
human -induced change in an existing condition of a critical area or its buffer.
Alterations include grading, filling, dredging, channelizing, clearing
(vegetation), applying pesticides, discharging waste, construction, compaction,
excavation, modifying for stormwater management, relocating, or other
activities that change the existing landform, vegetation, hydrology, wildlife, or
habitat value of critical areas.
(9) "Amendment" means a revision, update, addition, deletion, and/or reenactment
to an existing SMP.
(10) "Applicant" means a person who files an application for a permit under this
SMP and who is either the owner of the land on which that proposed activity
would be located, a contract purchaser, or the authorized agent of such a person.
(11) "Approval" means an official action by a local government legislative body
agreeing to submit a proposed SMP or amendments to Ecology for review and
official action pursuant to this SMP or an official action by Ecology to make a
local government SMP effective, thereby incorporating the approved SMP or
amendment into the SMP.
(12) "Aquaculture" means the culture or farming of fish or other aquatic plants and
animals.
(13) "Aquifer recharge area" means an area through which precipitation and surface
water infiltrate the soil and are transmitted through rocks and soil to create
groundwater storage. They are also areas where an aquifer that is a source of
drinking water is vulnerable to contamination that would affect the potability of
water.
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(14) "Area of Influence" encompasses an area that is 2.5 times the height of a slope.
The Area of Influence applies to areas that have geologically hazardous
attributes consistent with an Erosion or Landslide Hazard Area as defined in
Pasco Municipal Code (PMC) 29.01.080, Definitions, and PMC 29.01.560,
Geological Hazard Areas. This mapped area surrounds the hazard area from all
points for a distance of 2.5 times the height of the applicable slope. Areas with a
15% slope or greater as its only attribute do not have an Area of Influence.
(15) "Assessed value" means assessed valuation shall be as established by the
County assessor's office, unless otherwise provided by a market appraisal
institute appraisal.
(16) "Associated wetlands" are those wetlands that are in proximity to and either
influence or are influenced by a stream subject to the SMA.
(17) "Average grade level" means the average of the natural or existing topography
of the portion of the lot, parcel, or tract of real property that will be directly
under the proposed building or structure. In the case of structures to be built
over water, average grade level shall be the elevation of the ordinary high water
mark (OHWM). Calculation of the average grade level shall be made by
averaging the ground elevations at the midpoint of all exterior walls of the
proposed building or structure.
(18) "Base flood" means a flood having a 1 % chance of being equaled or exceeded in
any given year. Also referred to as the "100-year flood." Designated on FIRM
with the letters A or V.
(19) "Base flood elevation" means the water surface elevation of the base flood. It
shall be referenced to the North American Vertical Datum of 1988.
(20) "Basement" means any area of a building having its floor subgrade (below
ground level) on all sides.
(21) "Best management practices (BMPs)" means conservation practices or systems
of practice and management measures that:
(a) Control soil loss and reduce water quality degradation caused by high
concentrations of nutrients, animal waste, toxics, and sediment;
(b) Minimize adverse impacts on surface water and groundwater flow, and
circulation patterns, and the chemical, physical, and biological
characteristics of wetlands;
(c) Protect trees and vegetation designated to be retained during and following
site construction; and
(d) Provide standards for proper use of chemical herbicides within critical
areas.
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(22) 'Boating facilities" allowed in the City include boat launches and upland boat
storage, marinas, and other boat moorage structures or uses. For the purposes of
this SMP, boating facilities excludes docks serving four or fewer single-family
residences.
(23) "Breakwater" means an offshore structure whose primary purpose is to protect
harbors, moorages, and navigation activity from wave and wind action by
creating stillwater areas along shore. A secondary purpose is to protect
shorelines from wave -caused erosion. Breakwaters are generally built parallel to
shore, may or may not be connected to land, and may be floating or stationary.
(24) "Buffer, Critical Areas," means an area, which provides the margin of safety
through protection of slope stability, attenuation of surface water flows and
landslide hazards reasonably necessary to minimize risk to the public from loss
of life or well-being or property damage resulting from natural disasters, or an
area which is an integral part of a stream or wetland ecosystem and which
provides shading, input of organic debris and coarse sediments, room for
variation in stream or wetland boundaries, habitat for wildlife and protection
from harmful intrusion necessary to protect the public from losses suffered
when the functions and values of aquatic resources are degraded.
(25) "City" means the City of Pasco.
(26) "Clearing" means the cutting, killing, grubbing, or removing of vegetation or
other organic material by physical, mechanical, chemical, or any other similar
means.
(27) "Cluster" means a group of three or more significant trees with overlapping or
touching crowns.
(28) "Community access" means a shoreline access available to a group or
community (e.g., homeowners association), which may not be accessible to
general public.
(29) "Compensation project" means actions specifically designed to replace
project -induced critical area and buffer losses. Compensation project design
elements may include land acquisition, planning, construction plans,
monitoring, and contingency actions.
(30) "Compensatory mitigation" means types of mitigation used to replace project -
induced critical areas and buffer losses or impacts.
(31) "Critical aquifer recharge area" means those areas that are:
(a) Designated as "Wellhead Protection Areas" pursuant to the Washington
Administrative Code (WAC) 246-290-135(4) and the groundwater
contribution area in WAC 246-291-100 (2)(e). Wellhead protection areas
shall, for the purpose of this regulation, include the identified recharge
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areas associated with either Group A public water supply wells and those
Group B wells with a Wellhead Protection Plan filed with the
Franklin County Health District; and
(b) Identified in the Soil Survey of Pasco as having high potential for aquifer
recharge, including those soil types identified by the
Shoreline Administrator.
(32) "Crown" means the area of a tree containing leaf- or needle -bearing branches.
(33) "Cultural and historic resources" means buildings, sites and areas having
archaeological, historic, cultural, or scientific value or significance.
(34) "Development" means a use consisting of the construction or exterior alteration
of structures; dredging; drilling; dumping; filling; removal of any sand, gravel,
or minerals; bulk heading; driving of piling; placing of obstructions; or any
project of a permanent or temporary nature, which interferes with the normal
public use of the surface of the waters overlying lands subject to the act at any
stage of water level. "Development" does not include dismantling or removing
structures if there is no other associated development or re -development.
(35) "Development permit" means any permit issued by the City or other authorized
agency, for construction, land use, or the alteration of land.
(36) "Dock" means, as a general term, a structure, or group of structures that
provides boat moorage or other uses. A dock may be made up of piers (which
are structures on fixed piles) and floats (which float on the water's surface and
are typically attached to piles so that they may rise and fall with changes in the
water's elevation).
(37) "Dredging" means the removal of sediments from the bed of a waterbody by
mechanical means.
(38) "Ecosystem -wide processes" means the suite of naturally occurring physical and
geologic processes of erosion, transport, and deposition, and specific chemical
processes that shape landforms within a specific shoreline ecosystem and
determine the types of habitat and the associated ecological functions.
(39) "Erosion" means the detachment and movement of soil or rock by water, wind,
ice, or gravity.
(40) "Erosion hazard area" means those areas that, because of natural characteristics,
including vegetative cover, soil texture, slope gradient, rainfall patterns, or
human -induced changes to such characteristics, are vulnerable to erosion.
(41) "Feasible" means, for the purpose of this SNIP, that an action, such as a
development project, mitigation, or preservation requirement, meets all of the
following conditions: (a) the action can be accomplished with technologies and
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methods that have been used in the past in similar circumstances, or studies or
tests have demonstrated in similar circumstances that such approaches are
currently available and likely to achieve the intended results; (b) the action
provides a reasonable likelihood of achieving its intended purpose; and (c) the
action does not physically preclude achieving the project's primary intended
legal use. In cases where these guidelines require certain actions, unless they are
infeasible, the burden of proving infeasibility is on the applicant. In determining
an action's infeasibility, the reviewing agency may weigh the action's relative
public costs and public benefits, considered in the short -and long-term time
frames.
(42) "Federal Emergency Management Agency (FEMA)" means the agency that
oversees the administration of the National Flood Insurance Program (44 Code
of Federal Regulation [CFR]).
(43) "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining
structure, or other material to an area waterward of the OHWM, in wetlands or
on shoreline areas in a manner that raises the elevation or creates dry land.
(44) "Fish and wildlife habitat conservation areas" means areas necessary for
maintaining species in suitable habitats within their natural geographic
distribution so isolated subpopulations are not created as designated by
WAC 365-190-080(5). These areas include:
(a) Areas within which state and federal endangered and threatened species
exist, or state sensitive, candidate, and monitor species have a primary
association;
(b) Priority Habitat and Species Areas identified by the Washington
Department of Fish and Wildlife (WDFW);
(c) Habitats and species of local importance that have been designated by the
City at the time of application;
(d) Naturally occurring ponds less than 20 acres and their submerged aquatic
beds that provide fish or wildlife habitat. These do not include ponds
deliberately designed and created from dry sites such as canals, detention
facilities, wastewater treatment facilities, farm ponds, temporary
construction ponds of less than 3 years duration, and landscape amenities.
Naturally occurring ponds may include those artificial ponds intentionally
created from dry areas in order to mitigate conversion of ponds, if
permitted by a regulatory authority;
(e) Waters of the state as defined by WAC 222-16;
(f) Lakes, ponds, streams, and rivers planted with game fish by a
governmental or tribal entity;
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(g) Areas with which anadromous fish species have a primary association; and
(h) State natural area preserves and natural resources conservation areas.
(45) "Flood" or "flooding" mean a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland
waters and/or the unusual and rapid accumulation of runoff or surface waters
from any source.
(46) "Flood hazard area" means any area subject to inundation by the base flood or
risk from channel migration, including, but not limited to, an aquatic area,
wetland, or closed depression.
(47) "Flood insurance rate map (FIRM)" means the official map on which the
Federal Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the City.
(48) "Flood protection elevation" means an elevation that is 1 foot or more above the
base flood elevation.
(49) "Floodplain" is synonymous with 100-year floodplain and means that land area
susceptible to inundation with a 1 % chance of being equaled or exceeded in any
given year. The limit of this area shall be based on flood ordinance regulation
maps or a reasonable method, which meets the objectives of the SMA.
(50) "F000dway" means the area, as identified in a master program, that has been
established in a federal emergency management agency flood insurance rate
maps or floodway maps.
(51) "Functions" and "values," for purposes of applying Article V — Critical Areas,
mean the beneficial roles served by critical areas, including, but not limited to,
water quality protection and enhancement, fish and wildlife habitat, food chain
support, flood storage, conveyance and attenuation, groundwater recharge and
discharge, erosion control, and recreation. Functions and values may be
considered independently, with functions being measured indicators such as
water quality, hydrologic functions, and habitat functions and values being
non -measured indicators such as local importance, potential qualities, or
recreational benefits.
(52) "Geological hazard areas" means areas that, because of their susceptibility to
erosion, sliding, earthquake, or other geologic events, are not suited to the siting
of commercial, residential, or industrial development consistent with public
health or safety concerns. Geological Hazard Areas include Erosion Hazards,
Landslide Hazards, Mine Hazards, and Seismic Hazards, as defined herein and
specified in PMC 29.01.560.
(53) "Geotechnical Report" or "geotechnical analysis" means a scientific study or
evaluation conducted by a qualified expert that includes a description of the
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ground and surface hydrology and geology, the affected landform and its
susceptibility to mass wasting, erosion, and other geologic hazards or processes,
conclusions and recommendations regarding the effect of the proposed
development on geologic conditions, the adequacy of the site to be developed,
the impacts of the proposed development, alternative approaches to the
proposed development, and measures to mitigate potential site -specific and
cumulative geological and hydrological impacts of the proposed development,
including the potential adverse impacts on adjacent and down -current
properties. Geotechnical Reports shall conform to accepted technical standards
and must be prepared by qualified professional engineers or geologists who
have professional expertise about the regional and local shoreline geology and
processes.
(54) "Grading" means stripping, cutting, filling, or stockpiling of land, including the
land in its cut or filled condition to create new grade.
(55) "Groin" means a barrier type of structure extending from the streambank into a
waterbody for the purpose of the protection of a shoreline and adjacent uplands
by influencing the movement of water or deposition of materials.
(56) "Ground cover" means all types of vegetation other than trees.
(57) "Guidelines" means those standards adopted by the department to implement
the policy of RCW 90.58 for regulation of use of the shorelines of the state prior
to adoption of SMPs. Such standards shall also provide criteria for local
governments and the department in developing and amending SMPs.
(58) "Hazard areas" means areas designated as frequently flooded or geologically
hazardous areas due to potential for erosion, landslide, seismic activity, mine
collapse, or other geologically hazardous conditions, including steep slopes.
(59) "Hazardous substance(s)" means:
(a) A hazardous substance as defined by Section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability
Act; any substance designated pursuant to Section 311(b)(2)(A) of the
Clean Water Act (CWA); any hazardous waste having the characteristics
identified under or listed pursuant to Section 3001 of the Solid Waste
Disposal Act (but not including any waste the regulation of which under
the Solid Waste Disposal Act has been suspended by Act of Congress);
any toxic pollutant listed under Section 307(a) of the CWA; or any
imminently hazardous chemical substance or mixture with respect to
which the United States Environmental Protection Agency has taken
action pursuant to Section 7 of the Toxic Substances Control Act; and
(b) Hazardous substances that include any liquid, solid, gas, or sludge,
including any material, substance, product, commodity, or waste,
regardless of quantity, that exhibit any of the physical, chemical, or
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biological properties described in WAC 173-303-090, 173-303-102, or
173-303-103.
(60) "High -intensity land use" means land uses consisting of commercial, urban,
industrial, institutional, retail, residential with more than one unit per acre,
agricultural (dairies, nurseries, raising and harvesting crops, requiring annual
tilling, and raising and maintaining animals), high -intensity recreation
(golf courses, ball fields), and hobby farms.
(61) "Hydraulic project approval (HPA)" means a permit issued by WDFW for
modification to waters of the state in accordance with RCW 75.20.
(62) "Impervious surface area" means a hard surface area, which either prevents or
retards the entry of water into the soil mantle as under natural conditions prior
to development. Impervious surface shall also include a hard surface area,
which causes water to run off the surface in greater quantities or at an increased
rate of flow from the flow present under natural conditions prior to
development. Common impervious surfaces include rooftops, walkways, patios,
driveways, parking lots or storage areas, concrete or asphalt paving, gravel
roads with compacted subgrade, packed earthen materials, and oiled, macadam
or other surfaces, which similarly impede the natural infiltration of stormwater.
Open, uncovered retention/detention facilities shall not be considered as
impervious surfaces.
(63) "In -stream structures" function for the impoundment, diversion, or use of water
for hydroelectric generation and transmission (including public and private
facilities), flood control, irrigation, water supply (domestic and industrial),
recreation, or fisheries enhancement.
(64) "Invasive, non-native vegetation species" means the plants listed for
Eastern Washington in Washington State Noxious Weed Board Publication
# 820-264E (N/6/09), or the latest version of this document.
(65) "Isolated wetland" means those wetlands and their buffers that are outside of the
following critical areas and their buffers, where applicable: 100-year floodplain,
lake, river, stream, or wetland. Isolated wetlands have no contiguous hydric soil
or hydrophytic vegetation between the wetland and any surface water.
(66) "Landslide" means down slope movement of a mass of soil, rock, snow or ice,
including, but not limited to, rock falls, slumps, mud flows, debris flows,
torrents, earth flows, and snow avalanches.
(67) "Landslide hazard areas" means those areas potentially subject to landslides
based on a combination of geologic, topographic, and hydrologic factors.
(68) "Low -intensity land use" includes forestry and open space (such as passive
recreation and natural resources preservation).
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(69) "May" means the action is acceptable, provided it conforms to the provisions of
this SMP.
(70) "Mitigation sequencing" means the process of avoiding, reducing, or
compensating for the adverse environmental impact(s) of a proposal, including
the following actions, listed in the order of preference, the first being the most
preferred:
(a) Avoiding the impact altogether by not taking a certain action or parts of an
action;
(b) Where impact on critical areas or their buffers will not be avoided,
demonstrating that the impact meets the criteria for granting a
Shoreline Variance Permit or other administratively approved alteration;
(c) Minimizing impacts by limiting the degree or magnitude of the action and
its implementation by using appropriate technology or by taking
affirmative steps to avoid or reduce impacts;
(d) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
(e) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action;
(f) Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and
(g) Monitoring the impact and the compensation projects and taking
appropriate corrective measures.
(71) "Mixed -use" or "Mixed -use development" means a combination of uses within
the same building or site as a part of an integrated development project with
functional interrelationships and coherent physical design that includes a mix of
water -oriented and non -water -oriented uses.
(72) "Moderate -intensity land use" includes residential at a density of 1-unit-per-acre
or less, moderate -intensity open space (parks), and agriculture (moderate
intensity land uses such as orchards and hay fields).
(73) "Monitoring" means the collection of data by various methods for the purpose
of understanding natural systems and features, evaluating the impact of
development proposals on such systems, and/or assessing the performance of
mitigation measures imposed as conditions of development.
(74) "Must" means a mandate; the action is required.
(75) "Native vegetation" means plant species that are indigenous to the region.
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(76) "New agricultural activities" are activities that meet the definition of agricultural
activities but are proposed on land not in agricultural use at the adoption date of
this SMP.
(77) "New construction" means structures for which the start of construction
commenced on or after the effective date of the ordinance codified in this SMP.
(78) "Nonconforming development" or "nonconforming structure" means an existing
structure that was lawfully constructed at the time it was built but is no longer
fully consistent with present regulations such as setbacks, buffers or yards; area;
bulk; height or density standards due to subsequent changes to the master
program.
(79) "Nonconforming lot" means a lot that met dimensional requirements of the
applicable master program at the time of its establishment but now contains less
than the required width, depth or area due to subsequent changes to the master
program.
(80) "Nonconforming use" means an existing shoreline use that was lawfully
established prior to the effective date of the act or the applicable master
program, but which does not conform to present use regulations due to
subsequent changes to the master program.
(81) "Non -water -oriented uses" means those uses that are not water -dependent,
water -related, or water -enjoyment.
(82) "Normal maintenance" means those usual acts that are necessary to prevent a
property's decline, lapse, or cessation from a lawfully established condition.
(83) "Normal repair" means to restore a structure or development to a state
comparable to its original condition including, but not limited to, its size, shape,
configuration, location, and external appearance, within a reasonable period
after decay or partial destruction, except where repair causes substantial adverse
impacts on shoreline resources or environment. Replacement of a structure or
development may be authorized as repair where such replacement is the
common method of repair for the type of structure or development, and the
replacement structure or development is comparable to the original structure or
development including, but not limited to, its size, shape, configuration,
location, and external appearance, and the replacement does not cause
substantial adverse impacts on shoreline resources or environment.
(84) "Ordinary high water mark (OHWM)" means that mark that will be found by
examining the bed and banks and ascertaining where the presence and action of
waters are so common and usual, and so long continued in all ordinary years, as
to mark upon the soil a character distinct from that of the abutting upland, in
respect to vegetation as that condition exists on June 1, 1971, as it may naturally
change thereafter in accordance with permits issued by a local government or
the department. Where the OHWM cannot be found, it shall be the line of mean
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high water. For braided streams, the OHWM is found on the banks forming the
outer limits of the depression within which the braiding occurs.
(85) "Practical alternative" means an alternative that is available and capable of
being carried out after taking into consideration cost, existing technology, and
logistics in light of overall project purposes, and having less impact on critical
areas.
(86) "Primitive trail" means unimproved and unpaved, but physically defined
pathway for non motorized movement."
(87) 'Priority habitat" means a habitat type with unique or significant value to one or
more species. An area classified and mapped as priority habitat must have one
or more of the following attributes:
(a) Comparatively high fish or wildlife density;
(b) Comparatively high fish or wildlife species diversity;
(c) Fish spawning habitat;
(d) Important wildlife habitat;
(e) Important fish or wildlife seasonal range;
(f) Important fish or wildlife movement corridor;
(g) Rearing and foraging habitat;
(h) Refugia habitat;
(i) Limited availability;
0) High vulnerability to habitat alteration; or
(k) Unique or dependent species.
A priority habitat may be described by a unique vegetation type or by a dominant
plant species that is of primary importance to fish and wildlife. A priority habitat
may also be described by a successional stage (such as old growth and mature
forests). Alternatively, a priority habitat may consist of a specific habitat element
(such as caves or snags) of key value to fish and wildlife. A priority habitat may
contain priority and/or non -priority fish and wildlife.
(88) 'Priority species" means species requiring protective measures and/or
management guidelines to ensure their persistence at genetically viable
population levels. Priority species are those that meet any of the following
criteria:
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(a) Criterion 1. State -listed or state -proposed species. State -listed species are
those native fish and wildlife species legally designated as endangered
(WAC 232-12-014), threatened (WAC 232-12-011), or sensitive
(WAC 232-12-011). State -proposed species are those fish and wildlife
species that will be reviewed by the WDFW (POL-M-6001) for possible
listing as endangered, threatened, or sensitive according to the process and
criteria defined in WAC 232-12-297.
(b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include
those species or groups of animals susceptible to significant population
declines, within a specific area or statewide, by virtue of their inclination
to congregate.
(c) Criterion 3. Species of recreational, commercial, and/or tribal importance.
Native and non-native fish and wildlife species of recreational or
commercial importance and recognized species used for tribal ceremonial
and subsistence purposes that are vulnerable to habitat loss or degradation.
(d) Criterion 4. Species listed under the Federal Endangered Species Act as
either proposed, threatened, or endangered.
(89) "Provisions" means any definition, policy, goal, regulation, requirement,
standard, authorization, prohibition, guideline criteria, or environment
designations.
(90) "Public Access" means physical and visual access. Public access includes the
ability of the general public to reach, touch, and enjoy the water's edge, to travel
on the waters of the state, and to view the water and the shoreline from adjacent
locations. The following are examples of public access:
(a) Visual Access. Visual public access may consist of view corridors,
viewpoints, or other means of visual approach to public waters, adjoining
habitat and wildlife areas. A visual aesthetic will include vegetation and
wildlife that exist along the shoreline and not just a view of the water.
(b) Physical Access. Physical public access may consist of a dedication of
land or easement and a physical improvement in the form of a walkway,
trail, bikeway, park, boat or canoe and kayak launching ramp, dock area,
view platform, or other area serving as a means of physical approach to
public waters.
(91) "Public Access Plan" means the City of Pasco's Rivershore Linkage and
Amenity Plan adopted on July 16, 2012.
(92) "Public agency" means every city, county, state, or federal office, every officer,
every institution, whether educational, correctional, or other, and every
department, division, board, and commission that provides services or
recommendations to the public or other such agencies.
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(93) "Public utility" means a public service corporation performing some public
service subject to special governmental regulations, or a governmental agency
performing similar public services, either of which are paid for directly by the
recipients thereof. Such services shall include water supply, electric power, gas,
and transportation for persons and freight.
(94) "Qualified professional" means a person with experience and training in the
pertinent discipline, and who is a qualified expert with expertise appropriate for
the relevant critical area or shoreline subject. A qualified professional must have
obtained a B.S., B.A., or equivalent degree or certification in biology,
engineering, environmental studies, fisheries, geomorphology, landscape
architecture, forestry or related field, and 2 years of related work experience.
(a) A qualified professional for wildlife, habitats, or wetlands must have a
degree in biology, zoology, ecology, fisheries, or related field, and
professional experience in Washington State.
(b) A qualified professional for a geological hazard must be a professional
engineer or geologist, licensed in the State of Washington.
(c) A qualified professional for critical aquifer recharge areas means a
hydrogeologist, geologist, engineer, or other scientist with experience in
preparing hydrogeologic assessments.
(d) A qualified professional with flood and channel migration zone expertise
must be a hydrologist or fluvial geomorphologist.
(e) A qualified professional for vegetation management must be a registered
landscape architect, certified arborist, biologist, or professional forester
with a corresponding degree or certification.
(f) A qualified archaeologist must be a person qualified for addressing
cultural and historic resources protection and preservation, with a degree
in archaeology, anthropology, history, classics or other germane
disciplines with a specialization in archaeology and/or historic
preservation and with a minimum of 2 years of experience in preparing
Cultural Resource Site Assessments reports.
(95) "Recreational development" means the modification of the natural or existing
environment to accommodate commercial and public facilities designed and
used to provide recreational opportunities to the public. Commercial
recreational development should be consistent with commercial development
defined herein.
(96) "Recreational vehicle" means a vehicle designed primarily for recreational
camping, travel, or seasonal use that has its own mode of power or is mounted
on or towed by another vehicle, including, but not limited, to travel trailers,
folding camping trailers, truck campers, motor homes, motorized boats, and
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multi -use vehicles or any structure inspected, approved, and designated a
recreational vehicle by and bearing the insignia of the State of Washington or
any other state or federal agency having the authority to approve recreational
vehicles.
(97) "Research and Monitoring" includes activities associated with identifying data,
and collecting, monitoring, and evaluating scientific data and information to
support water, fisheries, and other ecological services management, restoration,
and operational activities. Example activities that could be included under this
category include installing and operating stream and water quality monitoring
gages, collecting fisheries data using a trap or other devices, setting up and
using equipment to collect sediment data, and other data collection activities
that need to utilize the shoreline and waters of the state to meet public
objectives.
(98) "Residential development" entails one or more buildings, structures, lots,
parcels or portions thereof that are designed, used, or intended to be used as a
place of abode for human beings. These include single-family residences,
residential subdivisions, short residential subdivisions, attached dwellings, and
all accessory uses or structures normally associated with residential uses.
Accessory residential uses include garages, sheds, tennis courts, swimming
pools, parking areas, fences, cabanas, saunas, and guest cottages. Hotels,
motels, dormitories, or any other type of overnight or transient housing are
excluded from the residential category and must be considered commercial uses
depending on project characteristics.
(99) "Restore," "Restoration," or "Ecological restoration" means the reestablishment
or upgrading of impaired natural or enhanced ecological shoreline processes or
functions. This may be accomplished through measures, including, but not
limited to, revegetation, removal of intrusive shoreline structures, and removal
or treatment of toxic materials. Restoration does not imply a requirement for
returning the shoreline area to pre -aboriginal, or pre -European settlement
conditions.
(100) "Riparian habitat" means areas adjacent to aquatic systems with flowing water
that contains elements of aquatic and terrestrial ecosystems that mutually
influence each other.
(101) "Salmonid" means a member of the fish family Salmonidae, including: King,
Chinook, Coho, chum, sockeye, and pink salmon; cutthroat, brook, brown,
rainbow, and steelhead trout; kokanee; and native char (bull trout and
Dolly Varden).
(102) "Seismic hazard areas" means areas that are subject to severe risk of damage as
a result of earthquake -induced ground shaking, slope failure, settlement, or soil
liquefaction.
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(103) "Shall" means a mandate; the action must be done.
(104) "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state"
and "shorelands" as defined in RCW 90.58.030.
(105) "Shoreline Master Program" means the comprehensive use plan for a described
area and the use regulations together with maps, diagrams, charts, or other
descriptive material and text, a statement of desired goals, and standards
developed in accordance with the policies enunciated in RCW 90.58.020. As
provided in RCW 36.70A.480, the goals and policies of an SMP for a county or
city approved under RCW 90.58 shall be considered an element of the county or
City's Comprehensive Plan. All other portions of the SMP for a county or city
adopted under RCW 90.58, including use regulations, shall be considered a part
of the county or city's development regulations.
(106) "Shoreline modifications" means those actions that modify the physical
configuration or qualities of the shoreline area, usually through the construction
of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill,
bulkhead, or other shoreline structure. They can include other actions, such as
clearing, grading, or application of chemicals.
(107) "Shoreline stabilization" means actions taken to address erosion impacts to
property and dwellings, businesses, or structures caused by natural processes
such as current, flood, wind, or wave action. These actions include structural
and non-structural methods. Non-structural methods include building setbacks,
relocation of the structure to be protected, groundwater management, and
planning and regulatory measures to avoid the need for structural stabilization.
(108) "Should" means that the particular action is required unless there is a
demonstrated, compelling reason, based on policy of the SMA and this SMP,
against taking the action.
(109) "Significant adverse environmental impacts" (as used in State Environmental
Policy Act [SEPA]) means a reasonable likelihood of more than a moderate
adverse impact on environmental quality (WAC 197-11-794).
(110) "Significant vegetation removal" means the removal or alteration of trees,
shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical
means, or other activity that causes significant ecological impacts on functions
provided by such vegetation. The removal of invasive or noxious weeds does
not constitute significant vegetation removal. Tree pruning, not including tree
topping, where it does not affect ecological functions, does not constitute
significant vegetation removal.
(111) "Snag" means the remaining trunk of a dying, diseased, or dangerous tree that is
reduced in height and stripped of all live branches.
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(112) "Special flood hazard area" means an area subject to abase or 100-year flood;
areas of special flood hazard are shown on a flood hazard boundary map or
flood insurance rate map as Zone A, AO, Al-30, AE, A99, AH.
(113) "Species and habitats of local importance" means those species that may not be
endangered, threatened, or critical from a state-wide perspective, but are of local
concern due to their population status, sensitivity to habitat manipulation, or
other educational, cultural, or historic attributes. These species may be priority
habitats, priority species, and those habitats and species identified in the critical
areas code as having local importance (e.g., elk).
(114) "Species, threatened and endangered" means those native species that are listed
by WDFW pursuant to RCW 77.12.070 as threatened (WAC 232-12-011) or
endangered (WAC 232-12-014), or that are listed as threatened or endangered
under the Federal Endangered Species Act (16 U.S. Code 1533).
(115) "Start of construction" means and includes substantial improvement and means
the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within 180 days of the permit issuance date. For cumulative tracking, the permit
may extend beyond the specified time frame to the time of permit completion.
The actual start means either the first placement of permanent construction of a
structure on a site such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading, and
filling, nor does it include the installation of streets and/or walkways, nor does it
include excavation for a basement, footings, piers, or foundation or the erection
of temporary forms, nor does it include the installation on the property of
accessory buildings such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external
dimensions of the building.
(116) "Steep slopes" means those slopes (excluding City -approved geotechnical
engineered slopes) 40% or steeper within a vertical elevation change of at least
10 feet. A slope is defined by establishing its toe and top and is measured by
averaging the inclination over at least 10 feet of vertical relief.
(117) "Stream" means any portion of a channel, bed, bank, or bottom waterward of
the OHWM of waters of the state, including areas in which fish may spawn,
reside, or pass, and tributary waters with defined bed or banks, which influence
the quality of fish habitat downstream. This includes watercourses that flow on
an intermittent basis or fluctuate in level during the year and applies to the
entire bed of such watercourse whether or not the water is at peak level. This
definition does not include irrigation ditches, canals, stormwater runoff devices,
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or other entirely artificial watercourses, except where they exist in a natural
watercourse that has been altered by humans.
(118) "Structure" means a permanent or temporary edifice or building, or any piece of
work artificially built or comprising parts joined together in some definite
manner, whether installed on, above, or below the surface of the ground or
water.
(119) "Substantial damage" means damage of any origin, including intentional and
unintentional demolition, sustained by a structure whereby the cost of restoring
the structure to its before -damaged condition would equal or exceed 50% of the
assessed value of the structure before the damage occurred.
(120) "Substantial improvement" means any rehabilitation, repair, reconstruction,
addition, or other improvement of a building when the cost of the improvement
equals or exceeds 50% of the market value of the building before start of
construction of the improvement. The term includes buildings that have incurred
substantial damage or damage of any origin sustained by a building when the
cost of restoring the building to its pre -damaged condition would equal or
exceed 50% of the market value before the damage occurred. Substantial
improvement does not include any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code
specifications, which have been identified by the local code enforcement official
and are the minimum necessary to ensure safe living conditions or any alteration
of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
(121) "Substantially degrade" means to cause significant ecological impact.
(122) "Thinning" means the evenly spaced non-commercial removal of up to 40% of
trees and woody shrubs.
(123) "Topping" means the severing of main trunks or stems of vegetation at any
place above 25% of the vegetation height.
(124) "Transportation facilities" are those structures and developments that provide
for the movement of people, goods, and services. These include roads and
highways, railroad facilities, bridges, parking facilities, bicycle paths, trails, and
other related facilities.
(125) "Trees" means any living woody plant characterized by one main stem or trunk
and many branches and having a diameter of four inches or more measured
24 inches above ground level.
(126) "Unavoidable" means adverse impacts that remain after all appropriate and
practicable avoidance and minimization have been achieved.
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(127) "Utility" means a service and/or facility that produces, transmits, carries, stores,
processes, or disposes of electrical power, gas, potable water, stormwater,
communications (including, but not limited to, telephone and cable), sewage,
oil, and the like.
(128) "Vegetation" means plant life growing below, at, and above the soil surface.
(129) "Water -dependent use" means a use or portion of a use that cannot exist in a
location that is not adjacent to the water and that is dependent on the water by
reason of the intrinsic nature of its operations.
(130) "Water -enjoyment use" means a recreational use or other use that facilitates
public access to the shoreline as a primary characteristic of the use or a use that
provides for recreational use or aesthetic enjoyment of the shoreline for a
substantial number of people as a general characteristic of the use, and which
through location, design, and operation ensures the public's ability to enjoy the
physical and aesthetic qualities of the shoreline. In order to qualify as a
water -enjoyment use, the use must be open to the general public and the
shoreline -oriented space within. The project must be devoted to the specific
aspects of the use that fosters shoreline enjoyment.
(131) "Water -oriented use" means a use that is water -dependent, water -related, or
water -enjoyment, or a combination of such uses.
(132) "Water quality" means the physical characteristics of water within shoreline
jurisdiction, including water quantity, hydrological, physical, chemical,
aesthetic, recreation -related, and biological characteristics. Where used in this
SMP, the term water quantity refers only to development and uses regulated
under this chapter and affecting water quantity such as impermeable surfaces
and stormwater handling practices. Water quantity, for purposes of this chapter,
does not mean the withdrawal of groundwater or diversion of surface water
pursuant to RCW 90.03.250 through 90.03.340.
(133) "Water -related use" means a use or portion of a use, which is not intrinsically
dependent on a waterfront location but whose economic viability is dependent
upon a waterfront location because:
(a) The use has a functional requirement for a waterfront location such as the
arrival or shipment of materials by water or the need for large quantities of
water; or
(b) The use provides a necessary service supportive of the water -dependent
uses and the proximity of the use to its customers makes its services less
expensive and/or more convenient.
(134) "Weir" means a structure generally built perpendicular to the shoreline for the
purpose of diverting water or trapping sediment or other moving objects
transported by water.
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(135) "Wetlands" are areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas. Wetlands do not include those artificial wetlands intentionally
created from non -wetland sites, including, but not limited to, irrigation and
drainage ditches, grass -lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the
construction of a road, street, or highway. Wetlands may include those artificial
wetlands intentionally created from non -wetland areas to mitigate the
conversion of wetlands.
(136) "Wetland categories:"
(a) Category 1. Wetlands are: 1) alkali wetlands; 2) wetlands that are
identified by scientists of the Washington Natural Heritage
Program/WDNR as high quality wetlands; 3) bogs; 4) mature and
old growth forested wetlands over 1/4 acre with slow -growing trees;
5) forests with stands of aspen; and 6) wetlands that perform many
functions very well.
(b) Category II. These wetlands are those that: 1) forested wetlands in the
floodplains of rivers; 2) mature and old -growth forested wetlands over
1/4 acre with fast-growing trees; 3) vernal pools; and 4) wetlands that
perform functions well. These wetlands are difficult, though not
impossible, to replace, and provide high levels of some functions.
(c) Category III. 1) Forested wetlands in the floodplains of rivers; 2) mature
and old -growth forested wetlands over 1/4 acre with fast-growing trees;
3) vernal pools; and 4) wetlands that perform functions well. These
wetlands are difficult, though not impossible, to replace, and provide high
levels of some functions.
(d) Category IV. Category IV wetlands have the lowest level of functions and
are often heavily disturbed. These are wetlands that could be replaced, and
in some cases improved. However, experience has shown that replacement
cannot be guaranteed in any specific case. These wetlands may provide
some important functions and also need to be protected.
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Article II. Environment Designation
29.01.100 Environment Designations
(1) The City has designated shorelines pursuant to RCW 90.58 by defining them,
providing criteria for their identification, and establishing shoreline ecological
functions to be protected. Project proponents are responsible for determining
whether a shoreline exists and is regulated pursuant to this SMP. The SMP
classifies the City's shoreline into eight shoreline environment designations
consistent with the purpose and designation criteria as follows:
(a) Aquatic
(b) Natural
(c) Urban Conservancy
(d) Public Flood Protection
(e) Recreation
(f) High Intensity — Industrial
(g) High Intensity — Mixed Use
(h) Shoreline Residential
(2) Official Shoreline Maps:
(a) Shoreline area designations are delineated on a map by reach and subreach
(SR), hereby incorporated as a part of this SMP (PMC 29.01.860), shall be
known as the Official Shoreline Map. Maps indicating the extent of
shoreline jurisdiction and shoreline designations are to be used in
conjunction with the most current scientific and technical information
available, field investigations, and on -site surveys to accurately establish
the location and extent of shoreline jurisdiction when a project is
proposed.
(3) Unmapped or Undesignated Shorelines:
(a) All areas meeting the definition of a shoreline of the state or a SSWS,
whether mapped or not, are subject to the provisions of this SMP.
(4) Interpretation of Environment Designation Boundaries:
(a) Whenever existing physical features are inconsistent with boundaries on
the Official Shoreline Map, the Shoreline Administrator shall interpret the
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boundaries. Appeals of such interpretations may be filed pursuant to
PMC 29.01.810, Appeals.
(b) All shoreline areas waterward of the OHWM shall be designated Aquatic.
(c) Only one shoreline area designation shall apply to a given shoreland area.
In the case of parallel designations, designations shall be divided along an
identified linear feature. Such linear features shall be clearly noted in the
metadata associated with the Official Shoreline Map.
(d) All areas within shorelines that are not mapped and/or designated are
automatically assigned an Urban Conservancy designation.
(e) Environment designations for shorelines within UGA will be effective
immediately upon annexation of the area into the City limits.
29.01.110 Aquatic
(1) Purpose:
(a) The purpose of the Aquatic shoreline designation is to protect, restore, and
manage the unique characteristics and resources of the areas waterward of
the OHWM.
(2) Designation Criteria:
(a) An Aquatic shoreline designation is assigned to lands and waters
waterward of the OHWM
(3) Management Policies:
(a) In addition to the other applicable policies and regulations of this SMP,
the following management policies shall apply:
(i) New over -water structures should be allowed only for
water -dependent uses, public access, recreation, or ecological
restoration.
(ii) Shoreline uses and modifications should be designed and managed
to prevent degradation of water quality and natural hydrographic
conditions.
(iii) In -water uses should be allowed where impacts can be mitigated to
ensure no net loss of shoreline ecological functions. Permitted
in -water uses must be managed to avoid impacts to shoreline
ecological functions. Unavoidable impacts must be minimized and
mitigated.
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(iv) On navigable waters or their beds, all uses and developments
should be located and designed to:
(A) Minimize interference with surface navigation;
(B) Consider impacts to public views; and
(C) Allow for the safe, unobstructed passage of fish and
wildlife, particularly species dependent on migration.
(b) Multiple or shared use of over -water and water -access facilities should be
encouraged to reduce the impacts of shoreline development and increase
effective use of water resources.
(c) Structures and activities permitted should be related in size, form, design,
and intensity of use to those permitted in the immediately adjacent upland
area. The size of new over -water structures should be limited to the
minimum necessary to support the structure's intended use.
(d) Natural light should be allowed to penetrate to the extent necessary to
support fisheries and nearshore aquatic habitat unless other illumination is
required by state or federal agencies.
(e) Shoreline uses, development, activities, and modifications in the Aquatic
shoreline designation requiring use of adjacent landside property should
be in a shoreline designation that allows that use, development, activity, or
modification.
29.01.120 Natural
(All islands, Subreach [SR] 1 d)
(1) Purpose:
(a) The purpose of the Natural shoreline designation is to protect those
shoreline areas that are relatively free of human influence or that include
intact or minimally degraded shoreline ecological functions less tolerant of
human use. These systems require that only very low -intensity uses be
allowed in order to maintain the ecological functions and ecosystem -wide
processes. Consistent with the policies of the designation, restoration of
degraded shorelines within this environment is appropriate.
(2) Designation Criteria:
(a) The following criteria should be considered in assigning a Natural
environment designation:
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(i) The shoreline ecological functions are substantially intact and have
a high opportunity for preservation and low opportunity for
restoration;
(ii) The shoreline is generally in public or conservancy ownership or
under covenant, easement, or a conservation tax program;
(iii) The shoreline contains little or no development or is planned for
development that would have minimal adverse impacts to
ecological functions or risk to human safety;
(iv) The shoreline has high potential for low -impact, passive, or public
recreation; and
(v) The shoreline is considered to represent ecosystems and geologic
types that have high scientific and educational value.
(3) Management Policies:
(a) In addition to other applicable policies and regulations, the following
management policies shall apply:
(i) Any use beyond existing uses that would substantially degrade
shoreline ecological functions or natural character of the shoreline
area should not be allowed;
(ii) Scientific, historic, cultural, educational research, and low -impact,
passive recreational uses are allowed in addition to existing uses,
while meeting no net loss of ecological function requirements;
(iii) Single-family residential development may be allowed as a
conditional use if the density and intensity of such use is limited as
necessary to protect ecological functions and is consistent with the
purpose of the environment;
(iv) Vegetation should remain undisturbed except for removal of
noxious vegetation and invasive species through ongoing
management activities or as part of a development proposal.
Proposed subdivision or lot line adjustments, new development, or
significant vegetation removal that would reduce the capability of
vegetation to perform normal ecological functions should not be
allowed;
(v) Uses that would deplete physical or biological resources or impair
views to or from the shoreline over time should be prohibited;
(vi) Only physical alterations that serve to support an existing use,
protect a significant or unique physical, biological, or visual
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shoreline feature that might otherwise be degraded or destroyed, or
those alterations that are the minimum necessary to support a
permitted use should be allowed; and
(vii) Only the following types of signs should be considered for location
in the shorelines: interpretive; directional; navigational; regulatory;
and public.
29.01.130 Urban Conservancy
(Open -space areas located water ward of the parcel boundaries in the
Columbia River Reach 1, Subreaches (SR) 3a (north portion of Chiawana Park),
3b, 5c (non -levee portion of the wetland near Riverview Park), 6c (portion water
ward of the trail), Reach 7 (Sacajawea Park excluding the boat launch and
recreation area), and SR 8a.)
(1) Purpose:
(a) The purpose of the Urban Conservancy environment is to protect and
restore ecological functions of open space, floodplain, and other sensitive
lands where they exist in urban and developed settings, while allowing a
variety of compatible uses
(2) Designation Criteria:
(a) The following criteria are used to consider an Urban Conservancy
environment designation:
(i) The shoreline contains open space, floodplain, or other sensitive
areas that should not be more intensively developed;
(ii) The shoreline has riparian vegetation with high to moderate
ecological functions;
(iii) The shoreline has potential for development that is compatible
with ecological restoration; or
(iv) The shoreline is not generally suitable for water -dependent uses,
however, has moderate to high potential for public, water -related,
or water -enjoyment uses where ecological functions can be
maintained or restored.
(3) Management Policies:
(a) In addition to the other applicable policies and regulations of this SMP,
the following management policies shall apply:
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(i) Shoreline uses that preserve the natural character of the area or
promote preservation of open space, floodplain, or sensitive lands
either directly or during the long term should be the primary
allowed uses. Uses that result in restoration of ecological functions
should be allowed if the use is otherwise compatible with the
purpose of the environment and the setting.
(ii) Encourage regulations for shoreline stabilization measures,
vegetation conservation, water quality, and shoreline modifications
to ensure no net loss of shoreline ecological functions;
(iii) Public access and public recreation uses should be allowed
whenever feasible and significant ecological impacts can be
mitigated; or
(iv) Water -oriented uses should be given priority over
non -water -oriented uses. For shoreline areas adjacent to
commercially navigable waters, water -dependent uses should be
given priority.
29.01.140 Public Flood Protection
(Leveed areas along the Columbia River, where limited ecological function and
future development potential exists, and the areas are dedicated for public
recreation as part of the regional trail system.)
(1) Purpose:
(a) The purpose of the Public Flood Protection environment designation is to
provide flood protection features while protecting shoreline ecological
functions with limitations imposed by the flood protection features, and
provide recreational opportunities. In addition to existing levees, examples
of uses that are appropriate in a Public Flood Protection shoreline
designation include public access and recreation uses consistent with the
protection of public safety and property by the flood protection features.
(2) Designation Criteria:
(a) The following criteria are used to consider a Public Flood Protection
environment designation:
(i) The shoreline has low to moderate ecological function with low to
moderate opportunity for preservation or restoration;
(ii) The shoreline is owned and maintained by public agencies;
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(iii) The shoreline is highly developed, and most development is related
to flood protection, public utility, infrastructure, and low -intensity
recreation, facility rehabilitation, or upgrade modifications;
(iv) The shoreline has limited scientific or educational value or unique
historic or cultural resources values; or
(v) The shoreline has low to moderate potential for public,
water -oriented recreation where ecological functions can be
maintained or restored.
(3) Management Policies:
(a) In addition to the other applicable policies and regulations of this SMP,
the following management policies shall apply:
(i) In regulating uses in the Public Flood Protection environment, first
priority should be given to flood protection and water -dependent
public -facility uses. Second priority should be given to
water -related and water -enjoyment uses that are not in conflict
with the flood protection uses. Non -water -oriented uses are
allowed as part of the operational needs.
(ii) Policies and regulations shall ensure no net loss of shoreline
ecological functions as a result of redevelopment, facility
upgrades, and new development. Where applicable, development
shall include environmental enhancement of the shoreline in
accordance with USACE McNary Pool Management Plan and the
City's SMP Restoration Plan.
(iii) Existing visual and physical public access opportunities shall be
maintained and enhanced where feasible and appropriate, as
consistent with PMC 29.01.260, Public Access.
(iv) Aesthetic objectives should be implemented by means such as
appropriate landscape features, screening, and maintenance of
natural vegetative buffers.
29.01.150 Recreation
(Chiawana, Wade, Riverview, Schlagel, and Sacajawea parks, marina, boat launch areas)
(1) Purpose:
(a) The purpose of the Recreation environment designation is to provide for
water -oriented recreational uses with some commercial uses to support
recreational uses while protecting existing ecological functions,
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conserving existing natural resources, and restoring ecological functions in
areas that have been previously degraded.
(2) Designation Criteria:
(a) The following criteria are used to consider a Recreation environment
designation:
(i) The shoreline has low to moderate ecological function with low to
moderate opportunity for preservation and restoration.
(ii) The shoreline is highly developed, and most development is
recreation -related with potential for additional recreation and
recreation -related commerce or is suitable and planned for
water -oriented uses.
(iii) The shoreline has existing recreation uses or moderate to high
potential for public and private water -oriented recreation where
ecological functions can be maintained or enhanced.
(iv) The shoreline has limited scientific or educational value or unique
historic or cultural resources values.
(3) Management Policies:
(a) In addition to the other applicable policies and regulations of this SMP,
the following management policies shall apply:
(i) In regulating uses in the Recreation environment, first priority
should be given to water -dependent recreational uses. Second
priority should be given to water -related and water -enjoyment
recreational uses. Non -water -oriented uses should not be allowed,
except as part of mixed -use developments with a recreation focus.
(ii) Policies and regulations shall ensure no net loss of shoreline
ecological functions as a result of new development. Consistent
with the City's SMP Restoration Plan, new development may be
required, as applicable, to include restoration of shoreline functions
as part of project proposals.
(iii) Where feasible, visual and physical public access should be
required as provided for in PMC 29.01.260, Public Access.
Recreational objectives should be enhanced by combining physical
and visual public access opportunities with other recreational
opportunities where feasible.
(iv) Water -oriented commercial uses should be allowed.
City of Pasco Shoreline Master Program Draft
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August 2023
(v) Aesthetic objectives should be implemented by means such as
sign -control regulations, appropriate development siting,
screening, and architectural standards, and maintenance of natural
vegetative buffers.
29.01.160 High Intensity — Industrial
(Areas landward of the levee in SR 5b, Port of Pasco, a portion of Osprey Point,
industrial areas on Columbia River SR 6c, and the Snake River SR 8b)
(1) Purpose:
(a) The purpose of the High Intensity — Industrial environment designation is
to provide for public and private commercial and industrial uses that need
a shoreline location for operation and are associated with water -oriented
commerce and industry. Examples of uses that are appropriate in a
High Intensity — Industrial shoreline environment include water -oriented
commercial uses, water -supply diversion, transportation, navigation uses,
barge and conveyance facilities, and similar uses. This environment may
also provide for some recreation, while protecting existing ecological
functions and restoring ecological functions in areas that have been
previously degraded.
(2) Designation Criteria:
(a) Assign a High Intensity — Industrial environment designation to shoreline
areas where:
(i) The shoreline has low to moderate ecological function with low to
moderate opportunity for preservation or restoration.
(ii) The shoreline is highly developed, and most development is related
to public utility, infrastructure, industry, or commerce with
potential for additional related development, facility rehabilitation,
or upgrade modifications.
(iii) Existing landward industrial development exists and has potential
for future growth and development.
(iv) The operation of such uses depend on proximity to water,
including high -intensity uses related to industrial production,
conveyance, transportation, or navigation.
(v) The shoreline has limited scientific or educational value or unique
historic or cultural resources values.
(3) Management Policies:
City of Pasco Shoreline Master Program Draft
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August 2023
(a) In addition to the other applicable policies and regulations of this SMP,
the following management policies shall apply:
(i) In regulating uses in the High Intensity — Industrial environment,
first priority should be given to water -dependent commercial and
industrial uses. Second priority should be given to water -related
and water -enjoyment uses that are not in conflict with the
commercial and industrial uses. Non -water -oriented uses are
allowed as part of mixed uses to support the water -oriented uses.
(ii) Policies and regulations shall ensure no net loss of shoreline
ecological functions as a result of redevelopment, facility
upgrades, and new development. Where applicable, development
shall include environmental cleanup and restoration of the
shoreline to comply in accordance with any relevant state and
federal law.
(iii) Where feasible and appropriate, visual and physical public access
provisions may be included as consistent with PMC 29.01.260,
Public Access.
(iv) Aesthetic objectives should be implemented by means such as
appropriate development siting, screening, and maintenance of
natural vegetative buffers.
29.01.170 High Intensity — Mixed Use
(Port of Pasco Marine Terminal SR 6a and western half of Osprey Point)
(1) Purpose:
(a) The purpose of the High Intensity — Mixed Use environment designation
is to provide for water -oriented commercial and retail uses along with
residential uses. Examples of uses that are appropriate in a
High Intensity — Mixed Use shoreline environment include water -oriented
commercial office and retail, residential, transportation, public access, and
similar uses. This environment may also provide for some recreation,
while protecting existing ecological functions and restoring ecological
functions in areas that have been previously degraded.
(2) Designation Criteria:
(a) Assign a High Intensity — Mixed Use environment designation to shoreline
areas where:
(1) The shoreline has low to moderate ecological function with low to
moderate opportunity for preservation or restoration.
City of Pasco Shoreline Master Program Draft
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ust 2023
(ii) The shoreline is highly developed, and most development is related
to public utility, infrastructure, or commerce with potential for
additional related development, facility rehabilitation, or upgrade
modifications.
(iii) Existing landward development exists and has potential for future
growth and development.
(iv) The operation of such uses depends on proximity to water,
including high -intensity uses related to commerce, transportation,
or navigation.
(v) The shoreline has limited to no scientific, educational, unique
historic, or cultural resources values.
(3) Management Policies:
(a) In addition to the other applicable policies and regulations of this SMP,
the following management policies shall apply:
(i) Development in the High Intensity — Mixed -Use Environment
should be managed so it enhances and maintains the shorelines for
a variety of urban uses.
(ii) In regulating uses in the High Intensity — Mixed Use environment,
first priority should be given to water -dependent commercial uses.
Second priority should be given to water -related and
water -enjoyment uses that are not in conflict with the commercial
uses. Non -water -oriented uses are allowed as part of mixed uses to
support the water -oriented uses. Residential uses should be
allowed on the upper floors of developments as part of mixed uses
to support the water -oriented uses.
(iii) Policies and regulations shall ensure no net loss of shoreline
ecological functions as a result of redevelopment, facility
upgrades, and new development. Where applicable, development
shall include environmental cleanup and restoration of the
shoreline to comply in accordance with any relevant state and
federal law.
(iv) Where feasible and appropriate, visual and physical public access
provisions may be included as consistent with PMC 29.01.260,
Public Access.
(v) Aesthetic objectives should be implemented by means such as
appropriate development siting, building design, screening, and
maintenance of natural vegetative buffers.
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29.01.180 Shoreline Residential
(Residential areas along the Columbia River in Reaches 1 and 2, SRs 4a and 4b,
and portions of SRs 5b and 6b)
(1) Purpose:
(a) The purpose of the Shoreline Residential environment designation is to
accommodate primarily residential development and appurtenant
structures, but also allow other types of development consistent with this
section. An additional purpose is to provide appropriate public access and
recreational uses.
(2) Designation Criteria:
(a) Assign a Shoreline Residential environment designation to shoreline areas
where:
(i) The shoreline has low to moderate ecological function with low to
moderate opportunity for restoration.
(ii) The shoreline contains mostly residential development at urban
densities or in clusters in more rural settings.
(iii) The shoreline has low to moderate potential for low -impact,
passive, or active water -oriented recreation where ecological
functions can be restored.
(3) Management Policies:
(a) In addition to the other applicable policies and regulations of this SMP,
the following management policies shall apply:
(i) Encourage regulations that ensure no net loss of shoreline
ecological functions as a result of new development such as
limiting lot coverage, providing adequate setbacks from the
shoreline, promoting vegetation conservation, reducing the need
for shoreline stabilization, and maintaining or improving water
quality.
(ii) The scale and density of new uses and development should be
compatible with the existing residential character of the area.
(iii) Public access and joint (rather than individual) use of recreational
facilities should be promoted.
(iv) Access, utilities, and public services to serve proposed
development within shorelines should be constructed outside
City of Pasco Shoreline Master Program Draft
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August 2023
shorelines to the extent feasible and be the minimum necessary to
adequately serve existing needs and planned future development.
(v) Public or private outdoor recreation facilities should be provided
with proposals for subdivision development and encouraged with
all shoreline development, if compatible with the character of the
area. Priority should be given first to water -dependent and then to
water -enjoyment recreation facilities.
(vi) Commercial development should be limited to water -oriented uses.
Non -water -oriented commercial uses should only be allowed as
part of mixed -used developments.
City of Pasco Shoreline Master Program Draft
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ust 2023
Article III. General Regulations
29.01.200 Shoreline Use and Modification
(1) Regulations:
(a) PMC Table 29.01.200 (2) indicates which shoreline activities, uses,
developments, and modifications may be allowed or are prohibited in
shoreline jurisdiction within each shoreline environment designation.
Activities, uses, developments, and modifications are classified as follows:
(i) "Permitted Uses" require a Shoreline Substantial Development
Permit or a Shoreline Exemption.
(ii) "Conditional Uses" require a Shoreline Special Use Permit per
PMC 29.01.750.
(iii) "Prohibited" activities, uses, developments, and modifications are
not allowed and cannot be permitted through a Variance or
Shoreline Special Use Permit.
(iv) General Regulations (PMC 29.01, Article III) and Shoreline
Modification and Uses Regulations (PMC 29.01, Article IV) shall
be considered for additional limitations.
(b) All uses shall comply with the written provisions and regulations in this
SMP and the shoreline use and modification matrix in PMC 29.01.200 (2).
Where there is a conflict between the chart and the written provisions in
this SMP, the written provisions shall control.
(2) General:
(a) Accessory uses shall be subject to the same shoreline permit process as
their primary use.
(b) Authorized uses and modifications shall be allowed only in shoreline
jurisdictions where the underlying zoning allows for it and subject to the
policies and regulations of this SMP.
(c) A use is considered unclassified when it is not listed in
Table 29.01.200 (2) or in the Shoreline Modification and Uses Regulations
(PMC 29.01, Article IV). Any proposed unclassified use may be
authorized as a conditional use provided that the applicant can
demonstrate consistency with the requirements of this SMP.
(d) If any part of a proposed activity, use, modification, or development is not
eligible for exemption per PMC 18.20.770 (Exemptions from Shoreline
City of Pasco Shoreline Master Program Draft
White Bluffs Consulting 58
ust 2023
Substantial Development Permits), then a Shoreline Substantial
Development Permit or Shoreline Special Use Permit shall be required for
the entire proposed development project.
(e) When a specific use or modification extends into the Aquatic environment
and an abutting upland environment without clear separation (e.g., private
moorage facility or shoreline stabilization), the most restrictive permit
process shall apply to that use or modification.
(f) Shoreline and critical areas buffers found in PMC 29.01, Article V, apply
to all uses and modifications unless stated otherwise in the regulations.
(g) None of the allowed uses shall be conducted in the floodway in any
environment designation, except as allowed by PMC 29.01.550, Flood
Hazard Areas.
(h) Administrative interpretation of these regulations shall be done according
to PMC 29.01.710 (2).
(3) Shoreline Use and Modification Matrix:
Table 29.01.200 (2): Shoreline Use and Modification Matrix for City of Pasco
A = Allowed with Substantial Development Permit
>,
0
X
C = Allowed with Shoreline Special Use Permit
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NA = Not Applicable
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Resource Uses
Agriculture
X
X
A' X
X
X
X
C
Mining
X
X
C� X
X
C
C
X
Boating Facilities
Boat launch (motorized boats)
A
C
C
A
A
A
A
C
Boat launch (non -motorized boats — canoe/kayak)
A
C
A
A
A
A
A
A
Marina
A
X
C
C
A
A
A
C
Docks, Piers, Mooring Facilities
Private and shared moorage
A
X
A
A
A
A
A
A
Public moorage
A
X
A
A
A
A
A
C
Covered moorage
C
X
X
X
C
C
C
X
City of Pasco Shoreline Master Program Draft
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ust 2023
A = Allowed with Substantial Development Permit
c
x
C = Allowed with Shoreline Special Use Permit
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X = Prohibited
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Water -dependent
A
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Water -related, water -enjoyment
C
X
C
C
A
A
A
C
Non -water -oriented
V
X
CZ
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AZ
AZ
X
Dredging Activities
Dredging
A
NA
NA
NA
NA
NA
NA
NA
Dredge material disposal
C
X
C
C
C
C
C
C
Dredging and disposal as part of ecological
A
A
A
A
A
A
A
A
restoration/enhancement
Fill and Excavation
Fill Waterward of OHWM and in floodways3
C
C
C
C
C
C
C
C
Other upland fill
NA
C
A
A
A
A
A
A
Excavation
NA
C4
C
A
A
A
A
A
Industrial Uses
Water -dependent
A5
X
X
C
X
A
A
X
Water -related, water -enjoyment
A5
X
X
C
X
A
A
X
Non -water -oriented
X
X
X
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X
Az
Az
X
In -water Modifications
Breakwater
C
X
C
C
C
C
C
C
Groins and weirs
C
X
C
C
C
C
C
C
In -stream structures6
A
C4
C4
A4.6
A3
A
C
C
Recreational Development
Water -dependent
A
A7
A7
A
A
A
A
A
Water -related, water -enjoyment (trails, accessory
C
C'
A7
A
A
A
A
A
buildings)
Non -water -oriented
X
X
CZ
Cz
A2
A2
AZ
Az
Residential Development
X,
C
A
X
C
X
Az
A
Research and Monitoring
Water -dependent
A
A
A
A
A
A
A
A
Water -related, water -enjoyment
A
A
A
A
A
A
A
A
Non -water -oriented
A
A
A
A
A
A
A
A
City of Pasco Shoreline Master Program Draft
White Bluffs Consulting 60
ust 2023
A = Allowed with Substantial Development Permit
C
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C = Allowed with Shoreline Special Use Permit
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X = Prohibited
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NA = Not Applicable
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Shoreline Habitat and Natural Systems
A
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A
A
A
A
FA
A
Enhancement Projects
Shoreline Stabilization and Flood Control
Flood Control
Modification of existing flood control facilities
(Dams, Dikes and Levees), including replacement
A
A
A
A
A
A
A
A
landward of existing location
New flood control facilities (Dams, Dikes and
C
C8
C
C
C
A
A
C
Levees)
Shoreline Stabilization — New
Hard
C
X
C
C
C
A
A
C
Soft
A
A
A
A
A
A
A
A
Shoreline Stabilization — Replacement9
A
A
A
A
A
A
A
A
Transportation
Highways, arterials, railroads (parallel to OHWM)
C
X
A
A
A
A
A
A
Secondary/public access roads (parallel to OHWM)
X
X
A
A
A
A
A
A
Roads perpendicular to the OHWM
X
C
A
A
A
A
A
A
Bridges (perpendicular to shoreline)
C
C
C
A
A
A
A
C
Existing bridges, trails, roads, and parking facilities:
A
A
A
A
A
A
A
A
improvement or expansion
New parking, primary
X
X
X
Aio
Aio
A10
Alo
X
New parking, accessory
X
Takes permit types of primary use
Utilities
Above -ground and underground utilities (parallel and
C
C
A
A
A
A
A
A
across shoreline)
Notes:
1. Allowed when agricultural uses are passive, such as livestock grazing, harvesting of non -cultivated crops, or
small-scale farms, or when ecological functions are degraded to the point where the land is functionally equivalent
to cultivated land.
2. New uses are allowed as part of mixed use or according to PMC 29.01.340(2) for commercial development,
PMC 29.01.370(2) for industrial development, or as part of an existing use according to Article VI, Existing Uses,
Structures and Lots.
3. Fill and excavation waterward of the OHWM, to support ecological restoration is allowed with a Substantial
Development Permit.
4. Habitat restoration and/or fish habitat enhance purposes only.
City of Pasco Shoreline Master Program Draft
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2023
5. Allowed as part of upland industrial water -dependent or water -related uses.
6. Construction, practices, and maintenance of facilities necessary for flood protections or Columbia Basin Project
operations and associated water -dependent uses to access, pump, and convey water for project purposes to public
agencies or private water users and as consistent with permit exemptions described in PMC 29.01.770.
7. Low intensity only.
8. Only when no other alternatives are available.
9. Exempt for protective bulkhead common to single-family residences according to PMC 29.01.770 (4) and when
consistent with PMC 29.01.440 (5) and (6).
10. Not allowed within 50 feet of edge of riparian vegetation corridor.
OHWM = ordinary high water mark
29.01.210 Development Standards
(1) Regulations:
(a) To preserve the existing and planned character of the shoreline consistent
with the purposes of the shoreline environment designations, development
standards are provided in the table below. These standards apply to all
uses and modifications unless otherwise indicated. In addition, shoreline
developments shall comply with all other dimensional requirements of the
PMC.
(b) When a development or use is proposed that does not comply with the
dimensional performance standards of this SMP, not otherwise allowed by
administrative reduction or administrative modification, such development
or use can only be authorized by approval of a Shoreline Variance Permit.
(c) No permit shall be issued for any new or expanded building or structure of
more than 35 feet above average grade level on shorelines of the state that
will obstruct the view of a substantial number of residences on areas
adjoining such shorelines, except for the High Intensity environment
designations areas, or where the SMP does not prohibit the same, and then
only when overriding considerations of the public interest will be served.
(2) Shoreline Development Standards Matrix:
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ust 2023
Table 29.01.210 (2): Shoreline Development Standards Matrix for City of Pasco
c
0
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5
C
0
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Use/Modification
a'
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x
Building height'
15
N/A
35
35
35
45
No
35
limit
Building line setback in feet
NA
10 - 15
Impervious surface cover—
NA
5%
20%
10%
20%
50%
100%
50%
maximum (%)'
Conserve
Riparian buffer width
NA
entire
75
50
50
5
50
50
in feet2, 3, 4
area
20 feet or as required by Americans with Disabilities
Trail width in feet
NA
NA
Act regulations. Trails on private properties and not
open for public use shall be up to 5-feet-wide.
Notes:
1. According to 29.01.210 (1)(c)
2. Accompanied by stormwater management measures/facilities, wetland protections and other protections as
applicable
3. Measured from the OHWM or top of bank as applicable.
4. Except where roadway, paved trail, or parking area or other development that has eliminated or constrained
ecological functions encroaches and then to the waterward edge of the facility maintenance area, as applicable
NA = not applicable
29.01.220 Archaeological and Historic Resources
(1) The City will coordinate with tribal, state and federal agencies that maintain
inventories of known significant historic, cultural and archaeological sites, and
work with these agencies in the permit review process in complying with state
and federal regulations and laws to protect sites and areas that have historic,
cultural, and archaeological values. Existing policies also reinforce this action,
as written, so no additional changes planned.
(2) In all developments, whenever an archaeological area or historic site is
discovered by a development in the shoreline area, the developer shall comply
with applicable state and federal laws and regulations.
(3) Developers and property owners shall stop work immediately and notify the
local government, the office of archaeology and historic preservation, and
City of Pasco Shoreline Master Program Draft
White Bluffs Consulting 63
ust 2023
affected Indian tribes if archaeological resources are uncovered during
excavation.
(4) Permits issued in areas documented to contain archaeological resources shall
require a site inspection or evaluation by a professional archaeologist in
coordination with affected Indian tribes.
29.01.230 Environmental Protection
(1) All project proposals, including those for which a Shoreline Substantial
Development Permit is not required, shall comply with RCW 43.21 C, the
Washington State Environmental Policy Act (SEPA).
(2) Applicants shall apply the following mitigation sequencing steps in order of
priority to avoid or minimize significant adverse effects and significant
ecological impacts (with (a) being top priority):
(a) Avoid the adverse impact altogether by not taking a certain action or parts
of an action;
(b) Minimize adverse impacts by limiting the degree or magnitude of the
action and its implementation by using appropriate technology or by
taking affirmative steps to avoid or reduce impacts;
(c) Rectify the adverse impact by repairing, rehabilitating, or restoring the
affected environment to the conditions existing at the time of the initiation
of the project;
(d) Reduce or eliminate the adverse impact over time by preservation and
maintenance operations;
(e) Compensate for the adverse impact by replacing, enhancing, or providing
substitute resources or environments; and
(f) Monitor the adverse impact and the compensation projects and taking
appropriate corrective measures.
(3) Projects that cause significant adverse environmental impacts, as defined in
WAC 197-11-794 and PMC 29.01.080, Definitions, are not allowed unless
mitigated according to PMC 29.01.230 (2), above, to avoid reduction or damage
to ecosystem -wide processes and ecological functions. As part of this analysis,
the applicant shall evaluate whether the project may adversely affect existing
hydrologic connections between streams and wetlands and either modify the
project or mitigate any impacts as needed.
(4) When compensatory measures are appropriate pursuant to the mitigation
priority sequence above, preferential consideration shall be given to measures
that replace the adversely impacted functions directly and in the immediate
City of Pasco Shoreline Master Program Draft
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vicinity of the adverse impact. However, alternative compensatory mitigation
may be authorized within the affected drainage area or watershed that addresses
limiting factors or identified critical needs for shoreline resource conservation
based on watershed or resource management plans, including the Shoreline
Restoration Plan, applicable to the area of adverse impact. Authorization of
compensatory mitigation measures may require appropriate safeguards, terms,
or conditions as necessary to ensure no net loss of ecological functions.
29.01.240 Shoreline Vegetation Conservation
(1) Vegetation conservation standards shall not apply retroactively to existing uses
and developments. Vegetation associated with existing structures, uses, and
developments may be maintained within shoreline jurisdiction as stipulated in
the approval documents for the development.
(2) Regulations specifying establishment and management of shoreline buffers are
located in the PMC 29.01, Article V, Critical Areas. Vegetation within shoreline
buffers, other stream buffers, and wetlands and wetland buffers shall be
managed consistent with the PMC 29.01, Article V.
(3) Vegetation outside of shoreline buffers, other stream buffers, and wetlands and
wetland buffers and within shoreline jurisdiction shall be managed according to
this PMC 29.01.230, Environmental Protection, and any other regulations
specific to vegetation management contained in other sections of this SMP.
(4) Vegetation clearing outside of wetlands and wetland and stream buffers shall be
limited to the minimum necessary to accommodate approved shoreline
development that is consistent with all other provisions of this SMP. Mitigation
sequencing per PMC 29.01.230, Environmental Protection, shall be applied so
the design and location of the structure or development minimizes native
vegetation removal.
(5) Removal of noxious weeds and/or invasive species shall be incorporated in
management and mitigation plans, as necessary, to facilitate establishment of a
stable community of native plants.
29.01.250 Water Quality, Stormwater, and Nonpoint Pollution
(1) The location, design, construction, and management of all shoreline uses and
activities shall protect the quality and quantity of surface and groundwater
adjacent to the site.
(2) When applicable, all shoreline development should comply with the
requirements of the latest version of Ecology's Stormwater Management
Manual for Eastern Washington.
(3) Best management practices (BMPs) for control of erosion and sedimentation
shall be implemented for all shoreline development.
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(4) Potentially harmful materials, including, but not limited to, oil, chemicals, tires,
or hazardous materials, shall not be allowed to enter any body of water or
wetland, or to be discharged onto the land. Potentially harmful materials shall
be maintained in safe and leak -proof containers.
(5) Within 25 feet of a waterbody, herbicides, fungicides, fertilizers, and pesticides
shall be applied in strict conformance to the manufacturer's recommendations
and in accordance with relevant state and federal laws. Further, pesticides
subject to the final ruling in Washington Toxics Coalition, et al., v. EPA shall
not be applied within 60 feet for ground applications or within 300 feet for
aerial applications of the subject waterbodies and shall be applied by a qualified
professional in accordance with state and federal law.
(6) New development shall provide stormwater management facilities designed,
constructed, and maintained in accordance with the latest version of the
Ecology's Stormwater Management Manual for Eastern Washington, including
the use of BMPs. Additionally, new development shall implement low -impact
development techniques where feasible and necessary to fully implement the
core elements of the Surface Water Design Manual.
(7) For development activities with the potential for adverse impacts on water
quality or quantity in a stream or Fish and Wildlife Habitat Conservation Area,
a Critical Area Report as prescribed in the PMC 29.01, Article V, Critical
Areas, shall be prepared. Such reports should discuss the project's potential to
exacerbate water quality parameters, which are impaired, and for which total
maximum daily loads for that pollutant have been established, and prescribe any
necessary mitigation and monitoring.
(8) All materials that may come in contact with water shall be constructed of
materials, such as untreated wood, concrete, and approved plastic composites or
steel, that will not adversely affect water quality or aquatic plants or animals.
Materials used for decking or other structural components shall be approved by
applicable state agencies for contact with water to avoid discharge of pollutants
from wave or boat wake splash, rain, or runoff. Wood treated with creosote,
copper chromium arsenic, or pentachlorophenol is prohibited in shoreline
waterbodies.
29.01.260 Public Access
(1) Applicants required to provide shoreline public access shall provide physical or
visual access, consistent with the City of Pasco's Public Access Plan and other
agencies' management plans when applicable, unless specifically exempted in
this section. Examples of physical and visual access are listed below:
(a) Visual Access. Visual public access may consist of view corridors,
viewpoints, or other means of visual approach to public waters.
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(b) Physical Access. Physical public access may consist of a dedication of
land or easement and a physical improvement in the form of a walkway,
trail, bikeway, park, boat or canoe and kayak launching ramp, dock area,
view platform, or other area serving as a means of physical approach to
public waters.
(2) Except as provided in PMC 29.01.260 (3) below, new uses shall provide for
safe and convenient public access to and along the shoreline where any of the
following conditions are present:
(a) The development is proposed by a public entity or on public lands;
(b) The nature of the proposed use, activity, or development will likely result
in an increased demand for public access to the shoreline;
(c) The proposed use, activity, or development is not a water -oriented or other
preferred shoreline use, activity, or development under the SMA such as a
non -water -oriented commercial or recreational use;
(d) The proposed use, activity, or development may block or discourage the
use of customary and established public access paths, walkways, trails, or
corridors;
(e) The proposed use, activity, or development will interfere with the public
use, activity, and enjoyment of shoreline areas or waterbodies subject to
the public trust doctrine;
(f) The proposed use, activity, or development includes key areas for public
access recommended in the City's Public Access Plan and/or
Shoreline Restoration Plan; or
(g) The proposed activity is a publicly financed shoreline erosion -control
measure (when feasible).
(3) An applicant shall not be required to provide public access where one or more
of the following conditions apply, provided such exceptions shall not be used to
prevent implementing the City's Public Access Plan and other agencies'
management plans. In determining the infeasibility, undesirability, or
incompatibility of public access in a given situation, the City shall consider
alternative methods of providing public access, such as off -site improvements,
viewing platforms, separation of uses through site planning and design, and
restricting hours of public access:
(a) Proposed use, activity, or development only involves the construction of
four or fewer single-family or multi -family dwellings;
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(b) Proposed use is within an area where public access is not proposed in the
Public Access Plan, and the use will not increase public access demand or
reduce public access;
(c) Proposed use is an agricultural activity;
(d) The nature of the use, activity, or development or the characteristics of the
site make public access requirements inappropriate due to health, safety
(including consistency with Crime Prevention Through Environmental
Design [CPTED] principles, where applicable), or environmental hazards;
the proponent shall carry the burden of demonstrating by substantial
evidence the existence of unavoidable or unmitigable threats or hazards to
public health, safety, or the environment that would be created or
exacerbated by public access upon the site;
(e) An existing, new, or expanded road or utility crossing through shoreline
jurisdiction shall not create the need for public access if the development
being accessed or served by the road or utility is located outside of
shoreline jurisdiction;
(f) The proposed use, activity, or development has security requirements that
are not feasible to address through the application of alternative design
features for public access such as off -site improvements, viewing
platforms, and separation of uses through site planning and design;
(g) The economic cost of providing for public access at the site is
unreasonably disproportionate to the total long-term economic value of the
proposed use, activity, or development;
(h) Safe and convenient public access already exists in the general vicinity,
and/or the Public Access Plan shows adequate public access at the
property;
(i) Public access has reasonable potential to threaten or harm the natural
functions and native characteristics of the shoreline and/or is deemed
detrimental to threatened or endangered species under the
Endangered Species Act; and
(j) The site is within or part of an overall development, a binding Site Plan, or
a planned unit development, which has previously provided public access
adequate to serve the project in full build -out through other application
processes.
(4) Public access shall be located and designed to respect private property rights, be
compatible with the shoreline environment, protect ecological functions and
processes, protect aesthetic values of shoreline, and provide for public safety
(including consistency with CPTED principles, where applicable).
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(5) For any development where public access in not required, shared community
access may be allowed if there is no existing or planned public access along the
shoreline identified in the City's, and other agencies' plan. Where provided,
community access shall be subject to all applicable development standards of
this section. Shared community access is not required when any of the
conditions under PMC 29.01.260 (3) applies.
(6) General Performance Standards:
(a) Uses, activities, and developments shall not interfere with the regular and
established public use.
(b) Shoreline substantial development or conditional uses shall minimize the
impact on views of shoreline waterbodies from public land or substantial
numbers of residences.
(c) Proponents shall include within their shoreline applications an evaluation
of a proposed use, activity, or development's likely adverse impact on
current public access and future demands for access to the site. Such
evaluation shall consider potential alternatives and mitigation measures to
further the policies of this SMP and the provisions of this section.
(d) Public access easements, trails, walkways, corridors, and other facilities
may encroach upon any buffers or setbacks required in PMC 29.01,
Article V, Critical Areas, or under other provisions of this SMP, provided
that such encroachment does not conflict with other policies and
regulations of this SMP, and no net loss of ecological function can be
achieved. Any encroachment into a buffer or setback must be as close to
the landward edge of the buffer as possible.
(e) Public access facilities shall accommodate persons with disabilities, unless
determined infeasible by the Shoreline Administrator.
(7) Trails and Levees:
(a) Existing improved and primitive public trails shall be maintained and
enhanced.
(b) Shoreline in private ownership should provide public access when feasible
as follows:
(i) Easement for public access; and
(ii) Physical or visual public access when feasible and when
mentioned in the City's Public Access Plan, or other agencies'
management plan.
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(c) Where public access is to be provided by dedication of public access
easements along the OHWM, the minimum width of such easements shall
be 20 feet.
(d) The total width of trail, including shoulders, shall be 20 feet maximum or
as required by Americans with Disabilities Act (ADA) regulations.
(e) Pervious pavings are encouraged for all trails and are required for trail
shoulders.
(f) Trails should make use of an existing constructed grade such as those
formed by an abandoned rail grade, road, or utility when feasible.
(g) Trails shall be located, constructed, and maintained so as to avoid, to the
maximum extent possible, removal and other impacts to perennial native
vegetation consistent with a Habitat Management Plan.
(h) Trails on private properties and not open for public use shall be up to
5 feet wide.
(8) Rights -of -way, Easements, and Streets for Public Access:
(a) The City shall maintain public rights -of -ways or easements as a means of
retaining public access on the shoreline. Proposed use, activity, or
developments shall maintain public access provided by public street ends,
public utilities, and rights -of -way.
(b) The public easements required pursuant to this section, for the purpose of
providing access across or through the site to the OHWM, shall be
maintained by the property owner to provide for reasonable and safe
public access to the OHWM.
(9) Where public access routes terminate, connections should be made with the
nearest public street unless determined by the Shoreline Administrator to be
infeasible. Public access facilities required for an approved or permitted use,
activity, or development shall be completed prior to occupancy and use of the
site or operation of the activity. Public access shall make adequate provisions,
such as screening, buffer strips, fences, and signs, to prevent trespass upon
adjacent properties and to protect the value and enjoyment of adjacent or nearby
private properties and natural areas.
(10) Off -site public access may be permitted by the City where it results in an equal
or greater public benefit than on -site public access, or when on -site limitations
of security, environment, compatibility, or feasibility are present. Off -site public
access may include, but is not limited to, adequate access on public lands in
proximity to the site, opportunity to increase public lands and access with
adjoining or proximate public area, enhancing a City -designated public property
(e.g., existing public recreation site, existing public access, road abutting a body
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of water, or similar) in accordance with City standards, or other related
measures.
(11) Signage:
(a) Signage to be approved by the Shoreline Administrator shall be
conspicuously installed along public access easements, trails, walkways,
corridors, and other facilities to indicate the public's right of use and the
hours of operation. Public access and interpretive displays may be
provided for publicly funded restoration projects where significant
ecological impacts are addressed. The proponent shall bear the
responsibility for establishing and maintaining signs.
(b) The Shoreline Administrator may require the proponent to post signage
restricting or controlling the public's access to specific shoreline areas.
The proponent shall bear the responsibility for establishing and
maintaining such signage.
29.01.270 Flood Hazard Reduction
(1) Development in floodplains shall avoid significantly or cumulatively increasing
flood hazards. Development shall be consistent with this SMP, as well as
applicable guidelines of FEMA and PMC 29.01.550, Flood Hazard Areas, and
PMC 24.20, Provisions for Flood Hazard protection.
(2) Existing structural flood hazard reduction measures, such as levees, may be
repaired and maintained as necessary to protect legal uses on the landward side
of such structures. Increases in height of an existing levee, with any associated
increase in width, that may be needed to prevent a reduction in the authorized
level of protection of existing legal structures and uses shall be considered an
element of repair and maintenance.
(3) Flood hazard reduction measures shall not result in channelization of normal
stream flows, interfere with natural hydraulic processes such as channel
migration, or undermine existing structures or downstream banks.
(4) New development and subdivisions. Approve new development or subdivisions
when it can be reasonably foreseeable that the development or use would not
require structural flood hazard reduction measures within floodway during the
life of the development or use consistent with the following
(wAC 173-26-221(3)(c)(i)):
(a) Floodway:
(b) New development and subdivisions shall be subject to applicable
floodway regulations in PMC 29.01.550, Flood Hazard Areas, and PMC
24.20, Provisions for Flood Hazard protection.
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(5) New public and private structural flood hazard reduction measures shall be
approved when a scientific and engineering analysis demonstrates the
following:
(a) They are necessary to protect existing development;
(b) Non-structural measures such as setbacks, land use controls, wetland
restoration, dike removal, use or structure removal or relocation,
biotechnical measures, and stormwater management programs are not
feasible;
(c) Adverse impacts on ecological functions and priority species and habitats
can be successfully mitigated so as to ensure no net loss; and
(d) Appropriate vegetation conservation actions are undertaken consistent
with PMC 29.01.240, Shoreline Vegetation Conservation.
(6) Flood hazard reduction measures shall be placed landward of associated
wetlands and designated shoreline buffers, except for actions that increase
ecological functions, such as wetland restoration, or when no other alternative
location to reduce flood hazard to existing development is feasible as
determined by the Shoreline Administrator.
(7) New public structural flood hazard reduction measures, such as levees, shall
dedicate and improve public access pathways, unless public access
improvements would cause unavoidable health or safety hazards to the public,
inherent and unavoidable security problems, unacceptable and unmitigable
significant adverse ecological impacts, unavoidable conflict with the proposed
use, or a cost that is disproportionate and unreasonable to the total long-term
cost of the development.
(8) In those instances when management of vegetation as required by this SMP
conflicts with vegetation provisions included in state, federal, or other flood
hazard agency documents governing City -authorized, legal flood hazard
reduction measures, the vegetation requirements of this SMP will not apply.
However, the applicant shall submit documentation of these conflicting
provisions with any shoreline permit applications and shall comply with all
other provisions of this section and this SMP that are not strictly prohibited by
the approving flood hazard agency.
(9) The removal of gravel or other riverbed material for flood -management
purposes shall be consistent with the PMC 29.01.350, Dredging and Dredge
Material Disposal, and PMC 29.01.390, Mining, and be allowed only after a
biological and physical conditions study shows extraction has no effect on or
provides a long-term benefit to flood hazard reduction, and does not result in a
net loss of ecological functions.
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(10) Roads shall be located outside the floodway, except necessary crossings, which
shall be placed perpendicular to the waterbody as much as is physically feasible.
New transportation facilities shall be designed so the effective base flood
storage volume of the floodplain is not reduced. The applicant shall provide all
necessary studies, reports, and engineering analyses, which shall be subject to
review and modification by the Shoreline Administrator. If proposed
transportation facilities effectively provide flood control, they shall comply with
policies and regulations of this section.
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Article IV. Shoreline Modifications and Use Regulations
29.01.300 Agriculture
(1) The SMP shall not require modification of or limit existing agricultural
activities occurring on agricultural lands consistent with RCW 90.58.065.
(2) For shoreline areas used for agriculture, new uses, activities, and development
that are not existing and ongoing, agriculture shall be subject to the following
requirements:
(a) Such uses, activities, and development shall be allowed or permitted in a
manner to ensure maintenance of ecological functions and be consistent
with the City's land use plan.
(b) If the new use, activity, or development is more intensive than the existing
land use, no significant vegetation removal, development, or grading shall
occur in the shoreline buffer without associated mitigation, except as
necessary to accommodate low -intensity, water -dependent uses and public
access that sustains ecological functions.
(c) New agricultural lands created by diking, draining, or filling wetlands
shall not be allowed.
(d) Conversion of land for new agricultural use or activities that are not
consistent with the PMC Title 25, Zoning, shall not be allowed.
(3) A Substantial Development Permit shall be required for all agricultural
developments not specifically exempted by the provisions of
PMC 29.01.770 (4)(e) except for agricultural developments in
Shoreline Residential environment designation where a Shoreline Special Use
Permit shall be required.
(4) SMP provisions shall apply in the following cases:
(a) New agricultural activities on land not meeting the definition of
agricultural land;
(b) Expansion of agricultural activities on non-agricultural lands;
(c) Conversion of agricultural lands to other uses;
(d) Other development on agricultural land that does not meet the definition
of agricultural activities; and
(e) Agricultural development and uses not specifically exempted by the SMA.
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(5) New non-agricultural activities proposed on agricultural lands shall be
consistent with the environment designation and the Shoreline Use and
Modification Matrix table (PMC 29.01.200 (2)), as well as other applicable
shoreline use standards, including Commercial (PMC 29.01.340) or Residential
(PMC 29,01.420).
(6) Agricultural uses and development shall be located and designed to ensure no
net loss of ecological functions and no significant adverse impact on other
shoreline resources and values.
(7) New feedlots are prohibited in shoreline areas.
(8) Agricultural uses and activities shall prevent and control erosion of soils and
bank materials within shoreline areas. They shall minimize siltation, turbidity,
pollution, and other environmental degradation of watercourses and wetlands.
(9) Agricultural chemicals shall be applied in a manner consistent with BMPs for
agriculture and PMC 29.01.250 (5).
(10) New agricultural activities shall not remove existing native or non-native
vegetation, except for noxious and invasive vegetation, between all cropland or
pasture areas and adjacent waters or wetlands pursuant to the critical areas
provisions of this SMP.
(11) Agricultural development shall conform to applicable state and federal policies
and regulations.
29.01.320 Boating Facilities
(1) General Requirements:
(a) All boating uses, development, and facilities shall protect the rights of
navigation.
(b) Boating facilities shall be sited and designed to ensure no net loss of
shoreline ecological functions and shall meet Washington State
Department of Natural Resources (WDNR) requirements and other state
guidance if located in or over state-owned aquatic lands.
(c) Boating facilities shall be located on stable shorelines in areas where:
(i) Such facilities will not adversely affect flood channel capacity or
otherwise create a flood hazard;
(ii) Water depths are adequate to minimize spoil disposal, filling,
beach enhancement, and other channel maintenance activities; and
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(iii) Water depths are adequate to prevent the structure from grounding
out at the lowest low water or stoppers are installed to prevent
grounding out.
(d) Boating facilities shall not be located:
(i) Where new dredging will be required; or
(ii) Where wave action caused by boating use would increase bank
erosion rates, unless no -wake zones are implemented at the
facility.
(e) Boating uses and facilities shall be located far enough from public
swimming beaches and aquaculture harvest areas to alleviate any aesthetic
or adverse impacts, safety concerns, and potential use conflicts.
(f) In -water work shall be scheduled to protect biological productivity
(including, but not limited to, fish runs, spawning, and benthic
productivity).
(g) Accessory uses at boating facilities shall be:
(1) Limited to water -oriented uses, including uses that provide
physical or visual shoreline access for substantial numbers of the
general public; and
(ii) Located as far landward as possible, while still serving their
intended purposes.
(h) Parking and storage areas shall be landscaped or screened to provide
visual and noise buffering between adjacent dissimilar uses or scenic
areas.
(i) Boating facilities shall locate where access roads are adequate to handle
the traffic generated by the facility and shall be designed so that lawfully
existing or planned public shoreline access is not unnecessarily blocked,
obstructed, or made dangerous.
(j) Joint -use moorage with 10 or more berths is regulated under this section as
a marina (Section 3 below). Joint -use moorage with fewer than 10 berths
is regulated under this section as a dock or pier (see PMC 29.01.400, Piers
and Docks).
(k) All marinas and public launch facilities shall provide at least portable
restroom facilities for boaters' use that are clean, well -lit, safe, and
convenient for public use.
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(1) Installation of boat waste disposal facilities, such as pump -outs and
portable dump stations, shall be required at all marinas and shall be
provided at public boat launches to the extent possible. The locations of
such facilities shall be considered on an individual basis in consultation
with the Washington State Department of Health, Ecology, WDNR,
Washington State Parks, and WDFW, as necessary.
(m) All utilities shall be placed at or below dock levels or below ground, as
appropriate.
(n) When appropriate, marinas and boat launch facilities shall install public
safety signs that include the locations of fueling facilities, pump -out
facilities, and locations for proper waste disposal.
(o) Boating facilities shall be constructed of materials that will not adversely
affect water quality or aquatic plants and animals over the long term.
Materials used for submerged portions, decking, and other components
that may come in contact with water shall be approved by applicable state
agencies for use in water to avoid discharge of pollutants from wave
splash, rain, or runoff. Wood treated with creosote, copper chromium,
arsenic, pentachlorophenol, or other similarly toxic materials is prohibited
for use in moorage facilities.
(p) Boating facilities in waters providing a public drinking water supply shall
be constructed of untreated materials such as untreated wood, approved
plastic composites, concrete, or steel (see PMC 29.01. 250, Water Quality,
Stormwater, and Nonpoint Pollution).
(q) Vessels shall be restricted from extended mooring on waters of the state,
except as allowed by state regulations and provided that a lease or
permission is obtained from the state and impacts to navigation and public
access are mitigated.
(2) Boat Launch Facilities:
(a) Public boat launch facilities may be allowed in areas where no launching
opportunities exist within close proximity of a site (within less than
3 miles distance by road on a waterbody) or as mentioned in the Public
Access Plan.
(b) Boat launch and haul -out facilities, such as ramps, marine travel lifts and
marine railways, and minor accessory buildings, shall be designed and
constructed in a manner that minimizes adverse impacts on fluvial
processes, biological functions, aquatic and riparian habitats, water
quality, navigation, and neighboring uses.
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(c) Boat launch facilities shall be designed and constructed using
methods/technology that have been recognized and approved by state and
federal resource agencies as the best currently available.
(3) Marinas:
(a) Marinas shall be designed to:
(i) Provide flushing of all enclosed water areas;
(ii) Allow the free movement of aquatic life in shallow water areas;
and
(iii) Avoid and minimize any interference with geohydraulic processes
and disruption of existing shore forms.
(b) Open pile or floating breakwater designs shall be used unless it can be
demonstrated that riprap or other solid construction would not result in
any greater net impacts to shoreline ecological functions, processes, fish
passage, or shore features.
(c) Wet -moorage marinas shall locate a safe distance from domestic sewage
or industrial waste outfalls.
(d) To the maximum extent possible, marinas and accessory uses shall share
parking facilities.
(e) New marina development shall provide public access amenities such as
viewpoints, interpretive displays, and public access to accessory
water -enjoyment uses (e.g., restaurants).
(f) If a marina is to include gas and oil handling facilities, such facilities shall
be separate from main centers of activity in order to minimize the fire and
water pollution hazards and to facilitate fire and pollution control. Marinas
shall have adequate facilities and procedures for fuel handling and storage,
and the containment, recovery, and mitigation of spilled petroleum,
sewage, and other potentially harmful or hazardous materials and toxic
products.
(g) The marina operator shall be responsible for the collection and dumping of
sewage, solid waste, and petroleum waste.
29.01.330 Breakwater, Jetties, Groins, and Weirs
(1) Breakwaters shall be allowed in environments defined in PMC 29.01.200 (2),
Shoreline Use and Modification Matrix, with a Shoreline Special Use Permit.
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(2) New, expanded, or replacement groins and weirs shall only be permitted if the
applicant demonstrates that the proposed groin or weir will not result in a net
loss of shoreline ecological functions and the structure is necessary for
water -dependent uses, public access, shoreline stabilization, or other specific
public purposes.
(3) Groins and weirs shall require a Special Use Permit, except when such
structures are installed to protect or restore ecological functions such as
installation of groins that may eliminate or minimize the need for hard shoreline
stabilization.
(4) Groins and weirs shall be located, designed, constructed, and operated
consistent with mitigation sequencing principles, including avoiding critical
areas, as provided in PMC 29.01.230, Environmental Protection.
29.01.340 Commercial Development
(1) Water -dependent commercial development shall be given priority over
non -water -dependent commercial uses within shoreline environments.
Secondarily, water -related and water -oriented uses shall be given priority over
non -water -oriented commercial uses.
(2) Non -water -oriented commercial uses shall be allowed if they can demonstrate at
least one or more of the following:
(a) The commercial use is part of a mixed -use project that includes
water -dependent uses and provides a significant public benefit with
respect to the objectives of the SMA.
(b) Navigability is severely limited at the proposed site, including
opportunities for non -motorized boating or other water -oriented uses.
(c) The commercial use is physically separated from the shoreline by another
property, public right-of-way, or levee.
(d) The commercial use is farther upland than 200 feet from the OHWM;
therefore, a water -oriented use is not a viable option.
(3) Non -water -oriented uses, including, but not limited to, residential uses, may be
located with water -oriented commercial uses provided:
(a) The mixed -use project includes one or more water -dependent uses.
(b) Water -dependent commercial uses, as well as other water -oriented
commercial uses, have preferential locations along the shoreline.
(c) The underlying zoning district permits residential uses together with
commercial uses.
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(d) Public access is provided and/or ecological restoration is provided as a
public benefit.
(4) Review Criteria. The City shall utilize the following information in its review of
all commercial development applications:
(a) Whether there is a water -oriented aspect of the proposed commercial use
or activity when it is located within 200 feet of the OHWM;
(b) Whether the proposed commercial use is consistent with the Shoreline Use
and Modification Matrix (PMC 29.01.200 (2));
(c) Whether the application has the ability to enhance compatibility with the
shoreline environment and adjacent uses;
(d) Whether adequate provisions are made for public and private visual and
physical shoreline access; and
(e) Whether the application makes adequate provisions to prevent adverse
environmental impacts and provide for shoreline ecological or critical area
mitigation, where appropriate.
(5) Commercial development shall be designed and maintained in a manner
compatible with the character and features of surrounding areas. Developments
are encouraged to incorporate low -impact development techniques into new and
existing projects and integrate architectural and landscape elements that
recognize the river and lake environments. The City may prescribe and modify
project dimensions, screening standards, setbacks, or operation intensities to
achieve this purpose.
(6) Eating and drinking facilities and lodging facilities shall be oriented to provide
views to the waterfront, when such view is available from the site.
(7) Commercial uses shall provide for public access as a condition of approval,
unless such public access is demonstrated by the proponent to be infeasible or
inappropriate for the shoreline pursuant to PMC 29.01.260, Public Access.
(8) Commercial uses shall provide for suitable measures to rehabilitate and enhance
the shoreline ecology as a condition of approval.
(9) Non -water -oriented commercial uses shall not be allowed over water in any
shoreline environment.
(10) All commercial loading and service areas shall be located upland or away from
the shoreline. Provisions shall be made to screen such areas with walls, fences,
and landscaping and to minimize aesthetic impacts.
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(11) The storage of potentially hazardous or dangerous substances or wastes is
prohibited in the floodway or within 200 feet of the OHWM, whichever
boundary extends farthest landward.
(12) Development shall be located, designed, and constructed in a manner that
ensures no net loss of shoreline ecological functions and without significant
adverse impacts on other preferred land uses and public access features.
29.01.350 Dredging and Dredge Material Disposal
(1) Dredging:
(a) New dredging shall be permitted only where it is demonstrated that the
proposed water -dependent or water -related uses will not result in
significant or ongoing adverse impacts to water quality, Fish and Wildlife
Habitat Conservation Areas and other critical areas, flood holding
capacity, natural drainage and water circulation patterns, significant plant
communities, prime agricultural land, and public access to shorelines,
unless one or more of these impacts cannot be avoided. When such
impacts are unavoidable, they shall be minimized and mitigated such that
they result in no net loss of shoreline ecological functions.
(b) Dredging and dredge disposal shall be prohibited on or in archaeological
sites that are listed on the National Register of Historic Places and the
Washington Heritage Register until such time that they have been
reviewed and approved by the appropriate agency.
(c) Dredging techniques that cause minimum dispersal and broadcast of
bottom material shall be used, and only the amount of dredging necessary
shall be permitted.
(d) Dredging shall be permitted only:
(i) For navigation or navigational access;
(ii) In conjunction with a water -dependent use of waterbodies or
adjacent shoreline areas;
(iii) As part of an approved habitat improvement project;
(iv) To improve water flow or water quality, provided that all dredged
material shall be contained and managed so as to prevent it from
re-entering the water; or
(v) In conjunction with a bridge, navigational structure, or wastewater
treatment facility for which there is a documented public need and
where other feasible sites or routes do not exist.
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(e) Dredging for fill is prohibited except where the material is necessary for
restoration of shoreline ecological functions.
(2) Dredge Material Disposal:
(a) Upland dredge material disposal within shoreline jurisdiction is
discouraged. In the limited circumstances when it is allowed, it will be
permitted under the following conditions:
(i) Shoreline ecological functions and processes will be preserved,
restored, or enhanced, including protection of surface and
groundwater;
(ii) Erosion, sedimentation, floodwaters, or runoff will not increase
adverse impacts on shoreline ecological functions and processes or
property; and
(iii) The site will ultimately be suitable for a use allowed by this SMP.
(b) Dredge material disposal shall not occur in wetlands, except as authorized
by Special Use Permit as part of a shoreline restoration project.
(c) Dredge material disposal within areas assigned an Aquatic environment
designation may be approved only when authorized by applicable
agencies, which may include the USACE pursuant to Section 404
(Clean Water Act) permits, WDFW's Hydraulic Project Approval, and/or
the Dredged Material Management Program of the WDNR; and when one
of the following conditions apply:
(i) Land disposal is infeasible, less consistent with this SMP, or
prohibited by law; or
(ii) Disposal as part of a program to restore or enhance shoreline
ecological functions and processes is not feasible.
(d) Dredge materials approved for disposal within areas assigned an Aquatic
environment designation shall comply with the following conditions:
(i) Aquatic habitat will be protected, restored, or enhanced;
(ii) Adverse effects on water quality or biologic resources from
contaminated materials will be mitigated;
(iii) Shifting and dispersal of dredge material will be minimal; and
(iv) Water quality will not be adversely affected.
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(e) When required by the Shoreline Administrator, revegetation of land
disposal sites shall occur as soon as feasible in order to retard wind and
water erosion and to restore the wildlife habitat value of the site. Native
species shall be used in the revegetation.
(f) Dredge material disposal operating periods and hours shall be limited to
those stipulated by the WDFW and hours from 7:00 AM to 5:00 PM
Monday through Friday, except in time of emergency as authorized by the
Shoreline Administrator. Provisions for buffers at land disposal or transfer
sites, in order to protect public safety and other lawful interests and to
avoid adverse impacts, shall be required.
(3) Submittal Requirements. The following information shall be required for all
dredging applications:
(a) A description of the purpose of the proposed dredging and analysis of
compliance with the policies and regulations of this SMP.
(b) A detailed description of the existing physical character, shoreline
geomorphology, and biological resources provided by the area proposed to
be dredged, including:
(1) A site plan map outlining the perimeter of the proposed dredge
area, including the existing bathymetry (water depths that indicate
the topography of areas below the OHWM), and having data points
at a minimum of 2-foot depth increments.
(ii) A Critical Areas Detailed Studies according to
PMC 29.01.510 (10).
(iii) A mitigation plan, if necessary, to address any identified adverse
impacts on ecological functions or processes.
(iv) Information on stability of areas adjacent to proposed dredging and
spoils disposal areas.
(v) A detailed description of the physical, chemical, and biological
characteristics of the dredge materials to be removed, including:
(A) Physical analysis of material to be dredged (e.g., material
composition and amount, grain size, organic materials
present, and source of material).
(B) Chemical analysis of material to be dredged (e.g., volatile
solids, chemical oxygen demand, grease and oil content,
and mercury, lead, and zinc content).
(C) Biological analysis of material to be dredged.
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(c) A description of the method of materials removal, including facilities for
settlement and movement.
(d) Dredging procedure, including the length of time it will take to complete
dredging, method of dredging, and amount of materials removed.
(e) Frequency and quantity of project maintenance dredging.
(f) Detailed plans for dredge spoil disposal, including specific land disposal
sites and relevant information on the disposal site, including, but not
limited to:
(i) Dredge material disposal area;
(ii) Physical characteristics, including location, topography, existing
drainage patterns, and surface and ground water;
(iii) Size and capacity of disposal site;
(iv) Means of transportation to the disposal site;
(v) Proposed dewatering and stabilization of dredged material;
(vi) Methods of controlling erosion and sedimentation; and
(vii) Future use of the site and conformance with land use policies and
regulations.
(g) Total estimated initial dredge volume.
(h) Plan for disposal of maintenance spoils for at least a 20-year period, if
applicable.
(i) Hydraulic modeling studies sufficient to identify existing geohydraulic
patterns and probable effects of dredging.
29.01.360 Fill and Excavation
(1) Fill and excavation waterward of the OHWM, except to support ecological
restoration, requires a Special Use Permit and may be permitted only when:
(a) In conjunction with water -dependent or public access uses allowed by this
SMP;
(b) In conjunction with a bridge, levee, or transportation facility of statewide
significance, for which there is a demonstrated public need and where no
feasible upland sites, design solutions, or routes exist;
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(c) In conjunction with implementation of an interagency environmental
cleanup plan to clean up and dispose of contaminated sediments;
(d) Disposal of dredged material considered suitable under, and conducted in
accordance with, the Washington State Dredged Material Management
Program; or
(e) In conjunction with any other environmental restoration or enhancement
project.
(2) Waterward of the OHWM, pile or pier supports shall be utilized whenever
feasible in preference to fills. Fills for approved road development in floodways
or wetlands shall be permitted only if pile or pier supports are proven not
feasible.
(3) Fill upland and waterward of the OHWM, including in non -watered side
channels, shall be permitted only where it is demonstrated that the proposed
action will not:
(a) Result in significant ecological damage to water quality, fish, and/or
wildlife habitat;
(b) Adversely alter natural drainage and circulation patterns, currents, or river
flows, or significantly reduce flood water capacities;
(c) Alter geomorphic or hydrologic processes; and
(d) Significantly reduce public access to the shoreline or significantly
interfere with shoreline recreational uses.
(4) Fills are prohibited in the floodway, except when approved by Special Use
Permit and where required in conjunction with uses allowed by this SMP.
(5) Fills are allowed in floodplains outside of the floodway only where they would
not alter the hydrologic characteristics or flood storage capacity, or inhibit
channel migration that would, in turn, increase flood hazard or other damage to
life or property and are consistent with FEMA standards and PMC 24.20,
Provisions for Flood Hazard Protection, and PMC 29.01.550, Flood Hazard
Areas.
(6) Fill shall be of the minimum amount and extent necessary to accomplish the
purpose of the fill.
(7) Excavation waterward of the OHWM or within wetlands shall be considered
dredging for purposes of this SMP.
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(8) Fills or excavation shall not be located where shore stabilization will be
necessary to protect materials placed or removed. Disturbed areas shall be
immediately stabilized and revegetated, as applicable.
(9) Fills, beach development or nourishment, and excavation shall be designed to
blend physically and visually with existing topography whenever possible, so as
not to interfere with long-term appropriate use, including lawful access and
enjoyment of scenery.
29.01.370 Industrial Development
(1) Water -dependent industrial development shall be given priority over
non -water -dependent commercial uses within shoreline environments.
Secondarily, water -related and water -oriented uses shall be given priority over
non -water -oriented commercial uses.
(2) Non -water -oriented industrial uses shall be allowed if they can demonstrate one
or more of the following:
(a) The industrial use is part of a mixed -use project that includes
water -dependent uses and provides a significant public benefit with
respect to the objectives of the SMA.
(b) Navigability is severely limited at the proposed site, including
opportunities for non -motorized boating or other water -oriented uses.
(c) The industrial use is physically separated from the shoreline by another
property, public right-of-way, or levee.
(d) The industrial use is farther upland than 200 feet from the OHWM;
therefore, a water -oriented use is not a viable option.
(3) Where industrial use is proposed for location on land in public ownership,
public access should be required unless such public access is demonstrated by
the proponent to be infeasible or inappropriate for the shoreline pursuant to
PMC 29.01.260, Public Access.
(4) Industrial uses shall provide for suitable measures to rehabilitate and enhance
the shoreline ecology as a condition of approval.
(5) Non -water -oriented industrial uses shall not be allowed over water in any
shoreline environment.
(6) All industrial loading and service areas shall be located upland or away from the
shoreline, except when loading services are water -dependent such as barge
facilities. Provisions shall be made to screen upland loading areas with walls,
fences, and landscaping and to minimize aesthetic impacts.
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(7) The new storage of potentially hazardous or dangerous substances or wastes is
prohibited in the floodway or within 200 feet of the OHWM, whichever
boundary extends farthest landward.
(8) Industrial development will be located, designed, or constructed in a manner
that ensures no net loss of shoreline ecological functions and such that it does
not have significant adverse impacts to other shoreline resources and values.
29.01.380 In -stream Structures
(1) In -stream structures are those structures placed by humans within a stream or
river waterward of the OHWM that either cause or have the potential to cause
water impoundment or the diversion, obstruction, or modification of water flow.
In -stream structures may include those for hydroelectric generation, irrigation,
water supply, flood control, transportation, utility service transmission,
structures primarily intended for fisheries management, or other purposes.
Docks, piers, and marinas are not regulated as in -stream structures in this
section of the SMP. See PMC 29.01.450, Transportation: Trails, Roads, and
Parking, and PMC 29.01.460, Utilities, for regulations governing road and
utility crossings of streams.
(2) General:
(a) The location, planning, and design of in -stream structures shall be
compatible with the following:
(i) The full range of public interests; existing agricultural activities;
water diversion operations, maintenance, and facility upgrade
activities; and providing for public access to shoreline waters,
desire for protection from floods, and need for preservation of
historic and cultural resources.
(ii) Protection and preservation of ecosystem -wide processes and
ecological functions, including, but not limited to, fish and
wildlife, with special emphasis on protecting and restoring priority
habitats and species and water resources and hydrogeological
processes within the context of the hydrology and water
management effects of the Columbia and Snake River operations
and McNary Pool conditions, as applicable.
(b) New structures shall be designed, located, and constructed consistent with
mitigation sequencing principles in PMC 29.01.230, Environmental
Protection, and as otherwise limited by floodplain regulations found in
PMC 29.01.270, Flood Hazard Reduction, and PMC 29.01.550, Flood
Hazard Areas.
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(c) New structures shall be designed and located to minimize removal of
riparian vegetation and, if applicable, to return flow to the stream in as
short a distance as possible.
(d) In -stream structures shall provide for adequate upstream and downstream
migration of resident fish, as applicable, and shall not adversely affect
salmonid fish species or adversely modify salmonid fish habitat, as
applicable.
(e) Utilities and transmission lines shall be located so as to minimize
obstruction or degradation of views and comply with applicable provisions
of the Utilities section of this SMP.
(f) Mitigation shall be required of the proponent for the loss of ecological
functions and processes pursuant to PMC 29.01.230, Environmental
Protection, and PMC 29.01, Article V, Critical Areas. No net loss in
function, value, or acreage shall occur from such development.
(3) Submittal Requirements. In addition to the standard requirements listed in
PMC 29.01.730, Application Requirements, all permit applications for in -
stream structures shall contain, at a minimum, the following additional
information:
(a) A site suitability analysis, which provides sufficient justification for the
proposed site; the analysis must fully address alternative sites for the
proposed development.
(b) Proposed location and design of primary and accessory structures,
transmission equipment, utility corridors, and access/service roads.
(c) A plan that describes the extent and location of vegetation, which is
proposed to be removed to accommodate the proposed facility, and any
site revegetation plans required by this SMP.
(d) A hydraulic analysis prepared by a licensed professional engineer that
sufficiently describes the project's effects on streamway hydraulics,
including potential increases in base flood elevation, changes in stream
velocity, and the potential for redirection of the normal flow of the
affected stream.
(e) A hydrologic analysis that analyzes the project's effects on ecological
processes, including delivery and rate of water and sediment,
geomorphology, and recruitment of organic material.
(f) Biological resource inventory and analysis that sufficiently describes the
project's effects on fish and wildlife resources, prepared by a qualified
professional as defined in the Critical Areas section of this SMP.
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(g) Provision for erosion control, protection of water quality, and protection of
fish and wildlife resources during construction.
(h) Long-term management plans that describe in sufficient detail the
provisions for protection of in -stream resources during construction and
operation; the plan shall include means for monitoring its success.
29.01.390 Mining
(1) Mining shall be prohibited waterward of the OHWM.
(2) Mining facilities shall be located within shoreline jurisdiction only when no
feasible sites are available outside shoreline jurisdiction and only after the
applicant has demonstrated compliance with the mitigation sequencing
requirements of PMC 29.01.230, Environmental Protection.
(3) Mining in shoreline jurisdiction shall only be approved when the material
proposed to be extracted is only available in a shoreline location. This
determination shall be based on an evaluation of geologic factors such as the
distribution and availability of mineral resources for that jurisdiction, the need
for such mineral resources, and economic, transportation, and land use factors.
This demonstration may rely on analysis or studies prepared for purposes of the
Comprehensive Plan's designations and may be integrated with any relevant
environmental review conducted under (SEPA; RCW 43.21C) or otherwise be
shown in a manner consistent with RCW 90.58.100(1) and
WAC 173-26-201(2)(a), as amended.
(4) Mining facilities and associated activities shall be designed and located to
prevent loss of ecological function.
(5) Application for permits for mining operations shall be accompanied by
operation plans, reclamation plans, and analysis of environmental impacts
sufficient to make a determination as to whether the project will result in net
loss of shoreline ecological functions and processes during the course of mining
and after reclamation, and how impacts will be mitigated to achieve no net loss
of these functions. Creation, restoration, or enhancement of habitat for priority
species and the future productivity of the site may be considered in determining
no net loss of ecological functions.
(6) Mining proposals must be coordinated and compliant with state Surface Mining
Reclamation Act requirements (RCW 78.44, WAC 332-18).
(7) Preference shall be given to mining uses that result in the creation, restoration,
or enhancement of habitat for priority species.
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29.01.400 Piers and Docks
(1) All boating uses, development, and facilities shall protect the rights of
navigation and demonstrate no net loss of ecological functions, including
providing on -site and off -site mitigation, as applicable.
(2) Shared moorage serving single-family use consisting of docks and piers with
more than four berths, commercial moorage available to the general public, and
moorage related to clubs or other groups not associated with a particular
residential development are regulated as Boating Facilities under PMC
29.01.320, Boating Facilities.
(3) Docks and piers with four or fewer berths or any number of mooring buoys are
regulated under this section.
(4) Piers and docks shall avoid:
(a) Areas where shoreline modification is required for approach and other
upland facilities.
(b) Locations where they would adversely impact upland riparian or nearshore
habitat for aquatic species.
(c) Locations where they would adversely affect flood channel capacity or
create a flood hazard.
(d) Locations where water depths for vessels are not adequate without
dredging.
(5) Piers and docks, except those accessory to single-family residences, shall
provide public access in accordance with PMC 29.01.260, Public Access, of this
SMP and shall be located and designed such that existing public access to public
shorelines is not obstructed nor made hazardous.
(6) All in- and over -water structures shall be constructed of materials that will not
adversely affect water quality or aquatic plants and animals during the long
term. Wood treated with creosote, pentachlorophenol, or other similarly toxic
materials is prohibited. Docks shall be constructed of untreated materials such
as untreated wood, approved plastic composites, concrete, or steel.
(7) Vessels shall be restricted from extended mooring on waters of the state, except
as allowed by state regulations and unless a lease or other permission is
obtained from the state and impacts to navigation and public access are
mitigated.
(8) Boat Launches:
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(a) Boat launches accessory to single-family and multi -family residential uses
are prohibited.
(b) Private boat launches shall be allowed only for water -dependent uses and
marinas and only when it is demonstrated that public boat launches will
not feasibly serve the use. Rail and track systems shall be preferred over
concrete ramps.
(c) New public boat launches for general public use or expansion of public
boat launches by adding launch lanes shall demonstrate that:
(i) Water depths are adequate to avoid the need for dredging and
eliminate or minimize potential loss of shoreline ecological
functions or other shoreline resources from offshore or foreshore
channel dredging.
(ii) Adjacent residential properties will not be adversely affected by
adverse proximity impacts such as noise, light and glare, or scale
and aesthetic impacts. Fencing or landscape areas may be required
to provide a visual screen.
(iii) Exterior lighting will not adversely impact aquatic species.
(iv) Adequate provisions are made for restroom, sewage, and solid
waste disposal facilities in compliance with applicable health
regulations.
(v) Access and parking shall not produce traffic hazards, shall not
result in excessive noise or other impacts, shall minimize traffic
impacts on nearby streets, and shall include adequate parking for
boat trailers. Parking on public streets may be allowed for peak
periods if it is demonstrated that such parking will not adversely
impact through traffic or residential uses.
(9) New moorage to serve a single-family residence may be allowed only if:
(a) It is consistent with the USACE McNary Pool Management Plan.
(b) An applicant demonstrates that existing facilities (boat launches and
public and private marinas) are not reasonably available to meet demand.
(c) The lot does not have access to shared moorage in an existing subdivision,
and there is no homeowners association or other corporate entity capable
of developing shared moorage.
(d) In cases where a new dock or pier is approved, the City may require an
agreement to share with nearby residences with water frontage and
provide for expansion to serve such additional users.
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(10) A dock or pier serving a single-family residence shall meet the following
standards:
(a) Piers and Ramps:
(i) To prevent damage to shallow -water habitat, piers and ramps shall
extend at least 40 feet perpendicular from the OHWM. In some
instances and sites, it may not be practical to extend a ramp 40 feet
from OHWM (for instance, where this could conflict with
navigation). The City may grant exceptions on a case -by -case basis
depending on documentation of specific limitation that exist and in
coordination with other permitting agencies.
(ii) Piers and ramps shall be no more than 4 feet in width.
(iii) The bottom of either the pier or landward edge of the ramp shall be
elevated at least 2 feet above the plane of OHWM.
(iv) Grating shall cover the entire surface area (100%) of the pier or
ramp. The open area of grating shall be at least 50%, as rated by
the manufacturer.
(v) Skirting shall not be placed on piers, ramps, or floats. Protective
bumper material will be allowed along the outside edge of the
float, as long as the material does not extend below the bottom
edge of the float frame or impede light penetration.
(vi) Shoreline concrete anchors must be placed at least 10 feet
landward from the OHWM and shall be sized no larger than
4-feet-wide by 4-feet-long, unless otherwise approved by the City,
National Oceanic and Atmospheric Administration (NOAA)
fisheries, USACE, and WDFW. The maximum anchor height shall
be only what is necessary to elevate the bottom of either the pier or
landward edge of the ramp at least 2 feet above the plane of
OHWM. The intent of this criterion is to limit impacts to riparian
vegetation along the shoreline. The City may grant exceptions
from the 10-foot landward requirement if site conditions warrant.
Exceptions shall be made on a case -by -case basis and based on
documentation of a specific limitation that exists and in
coordination with other permitting agencies.
(b) Preservatives:
(i) The dock shall be built with materials that do not leach
preservatives or other materials.
(ii) No treated wood of any kind shall be used on any overwater
structure (float, pier, or ramp).
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(iii) No paint, stain, or preservative shall be applied to the overwater
structure.
(c) General:
(i) No electricity shall be provided to, or on, the overwater structure.
(ii) No boat lifts or watercraft lifts (e.g., Jet Ski lifts) of any type will
be placed on, or in addition to, the overwater structure. The City
may grant exceptions on a case -by -case basis in coordination with
other permitting agencies if the applicant can demonstrate that the
proposed boat lift meets the intent of the criteria to minimize
structure, maximize light penetration, and maximize depth.
However, these structures must meet the size criteria of the plan
(total 160 square feet).
(iii) Shoreline armoring (i.e., bulkheads, riprap, and retaining walls)
shall not occur in association with installation of the overwater
structure.
(iv) Construction of the overwater structure shall be completed during
the in -water work window (November 1 to February 28).
(d) Piling and Float Anchors:
(i) Piling shall not exceed 8 inches in diameter. The intent of this
criterion is not to require existing pilings to be removed, cut, or
capped, but to place limits on the size of new pilings. The City
may grant exceptions to allow for larger pilings on a case -by -case
basis and in coordination with other permitting agencies in areas
where safety considerations merit it.
(ii) Pilings shall be spaced at least 18 feet apart on the same side of
any component of the overwater structure. The pier/ramp and float
are separate components.
(iii) Each overwater structure shall utilize no more than four piles total
for the entire project. A combination of two piles and four helical
anchors may be used in place of four piles.
(iv) All pilings shall be fitted with devices to prevent perching by
piscivorous (fish -eating) birds.
(v) Submerged float anchors will be constructed from concrete and
shall be horizontally compressed in form, by a factor of five or
more, for a minimum profile above the stream bed (the horizontal
length and width will be at least five times the vertical height). A
helical screw anchor may be utilized where substrate allows. The
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owner shall be responsible for demonstrating feasibility and for
proper installation such that anchor displacement does not occur.
(vi) No in -water fill material will be allowed, with the exception of
pilings and float anchors. (Note: uncured concrete or its
by-products shall not be allowed.)
(e) Floats:
(i) Float components shall not exceed the dimensions of 8-by-20 feet,
or an aggregate total of 160 square feet, for all float components.
(ii) Flotation materials shall be permanently encapsulated to prevent
breakup into small pieces and dispersal in water (e.g., rectangular
float tubs).
(iii) Grating shall cover 100% of the surface area of the float(s). The
open area of the grating shall be no less than 50%, as rated by the
manufacturer.
(iv) Functional grating will cover no less than 50% of the float.
(v) Floats shall not be located in shallow -water habitat where they
could ground or impede the passage or rearing of any salmonid life
stage.
(vi) Nothing shall be placed on the overwater structure that will reduce
natural light penetration through the structure.
(vii) Floats shall be positioned at least 40 feet horizontally from the
OHWM and no more than 100 feet from the OHWM, as measured
from the landward -most edge of the float. Adjustments to this
requirement may be made on an individual basis where street
compliance with this standard may present safety issues or be
excessive for site conditions.
(viii) Project construction shall cease during high -flow conditions that
could result in inundation of the project area, except for efforts to
avoid or minimize resource damage.
(11) Shared residential docks and piers shall generally meet the standards for
single-family docks above, except that the number of floats and the size of piers
and other facilities may be increased to serve additional slips to provide one
moorage space per residence served.
(12) Docks and piers shall be set back a minimum of 10 feet from side property
lines, except that joint -use facilities may be located closer to, or upon, a side
property line when agreed to by contract or covenant with the owners of the
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affected properties. This agreement shall be recorded with the County Auditor
and a copy filed with the Shoreline Permit application.
(13) Moorage related to subdivision:
(a) New subdivisions and short plats shall contain a restriction on the face of
the plat prohibiting individual docks. A site for community or shared
moorage shall be designated on the plat and owned in undivided interest
by property owners within the subdivision. Shared moorage facilities shall
be available to lots with water frontage in the subdivision. The over -water
area of the dock shall be made available to other lots and the public for
community access and may be required to provide public access
depending on the scale of the facility.
(b) Approval of a shared moorage for a subdivision shall be subject to the
following criteria:
(i) There is no reasonably available public or private moorage that can
serve the moorage needs of the residences or the subdivision.
(ii) Shared moorage to serve new development shall be limited to the
amount of moorage needed to serve lots with water frontage. One
moorage space per lot may not be presumed.
(iii) The size of a dock must consider the use of mooring buoys for
some or all moorage needs and the use of all or part of the dock to
allow tender access to mooring buoys.
(iv) Public access shall be provided in all shared docks utilizing public
aquatic lands that accommodate five or more vessels.
(c) If a community or shared dock is not developed at the time of subdivision,
a community association shall be established with the authority to levy
assessments within the subdivision to construct and maintain a community
dock in the future. The failure of a subdivision to develop a community or
shared dock shall not affect the prohibition on individual docks.
(14) Multi -family residences, hotels, motels, and other commercial developments
proposing to provide moorage facilities shall meet the criteria for a marina. Use
of the moorage must be open to the general public on the same basis as residents
or occupants and shall provide public access. If approved, no more than one
joint -use moorage facility may be provided for a parcel or development.
(15) Applications for docks or piers serving single commercial or industrial
enterprises shall demonstrate that:
(a) The facility serves a water -dependent use;
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(b) The facility is the minimum size required to serve the proposed use,
provided that provisions for expansion or future joint use may be
provided;
(c) The facility minimizes impacts to the extent feasible. Where impacts are
unavoidable, the facility mitigates impacts to navigation, aquatic habitat,
upland habitat, public access to the water for recreation, fishing and
similar use, and public access to publicly accessible lands below the
OHWM.
(16) Commercial or industrial moorage facilities shall demonstrate that:
(a) The dock or pier shall be the minimum length required to serve the use.
(b) Access from the shore to piers or floats shall minimize water cover in
order to minimize impacts to shallow -water habitat.
(c) Piers and ramps shall be elevated to provide the maximum feasible light
penetration.
(d) Grating, or clear translucent material, shall be utilized to the maximum
extent feasible to provide light penetration.
(e) Floats shall be constructed and attached so they do not ground out on the
substrate.
(f) Pile spacing shall be the maximum feasible to minimize shading and avoid
a wall effect that would block or baffle wave patterns, currents, littoral
drift, or movement of aquatic life forms, or result in structure damage
from driftwood impact or entrapment.
(g) Pile diameter shall be minimized while meeting structural requirements.
(h) Covered structures may be permitted only to serve a water -dependent use
where it is demonstrated that adequate upland sites are not feasible and the
area covered is the minimum necessary to serve the use.
(17) Barge terminals are a particular use that can include docks, piers, and industrial
moorage. These facilities must demonstrate those items as provided in
PMC 29.01.100 (16), but the SMP recognizes that barge terminals require
specific development regulations, including hardening of the shoreline,
dredging, and no setback areas.
29.01.410 Recreational Development
(1) General Preferences:
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(a) Recreational uses and facilities shall include features that relate to access,
enjoyment, and use of the City's shorelines.
(b) Both passive and active shoreline recreation uses are allowed.
(c) Water -oriented recreational uses and activities are preferred in shoreline
jurisdiction. Water -dependent recreational uses shall be preferred as a first
priority and water -related and water -enjoyment recreational uses as a
second priority.
(d) Existing passive recreational opportunities, including nature appreciation,
non -motorized trails, public education regarding shoreline ecological
functions and processes, environmental interpretation, and native habitat
protection, shall be maintained. Opportunities incorporating educational
and interpretive information shall be included in design and operation of
recreation facilities and nature trails when feasible.
(e) Preference shall be given to the development and enhancement of public
access to the shoreline to increase water -enjoyment recreational
opportunities.
(2) General Performance Standards:
(a) The potential adverse impacts of all recreational uses shall be mitigated,
and adequate provisions for shoreline rehabilitation shall be made part of
any proposed recreational use or development to ensure no net loss of
shoreline ecological function.
(b) Sites with fragile and unique shoreline conditions, such as high -quality
wetlands and wildlife habitats, shall be used only for non -intensive
recreation activities such as trails, viewpoints, interpretive signage, and
similar passive and low -impact facilities that result in no net loss of
shoreline ecological function, and do not require the construction and
placement of permanent structures.
(c) For proposed recreation developments that require the use of fertilizers,
pesticides, or other toxic chemicals, the proponent shall specify the BMPs
to be used to prevent these applications and resultant leachate from
entering adjacent waters.
(d) Recreational developments shall be located and designed to preserve,
enhance, or create scenic views and vistas.
(e) In approving shoreline recreational developments, the
Shoreline Administrator shall ensure the development will maintain,
enhance, or restore desirable shoreline features, including unique and
fragile areas, scenic views, and aesthetic values. The
Shoreline Administrator may, therefore, adjust or prescribe project
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dimensions, on -site location of project components, intensity of use,
screening, lighting, parking, and setback requirements.
(3) Signs indicating the public's right to access shoreline areas shall be installed and
maintained in conspicuous locations at all points of access.
(4) Recreational developments shall provide facilities for non -motorized access to
the shoreline, such as pedestrian and bicycle paths, and equestrian access, as
applicable. New motorized vehicle access shall be located and managed to
protect riparian, wetlands, and shrub -steppe habitat functions and value.
(5) Proposals for recreational developments shall include a landscape plan
indicating how native, self-sustaining vegetation is incorporated into the
proposal to maintain ecological functions. The removal of on -site native
vegetation shall be limited to the minimum necessary for the development of
permitted structures or facilities and shall be consistent with provisions of PMC
29.01.240, Shoreline Vegetation Conservation, and PMC 29.01, Article V,
Critical Areas.
(6) Accessory uses and support facilities such as maintenance facilities, utilities,
and other non -water -oriented uses shall be consolidated and located in upland
areas outside shoreline, wetland, and riparian buffers unless such facilities,
utilities, and uses are allowed in shoreline buffers based on the regulations of
this SMP.
(7) The placement of picnic tables, playground apparatus, and other similar minor
components within the floodways shall be permitted, provided such structures
are located and installed in such a manner as to prevent them from being swept
away during a flood event.
(8) Recreational facilities shall make adequate provisions, such as screening,
landscaping buffer strips, fences, and signs, to prevent trespass on adjacent
properties and to protect the value and enjoyment of adjacent or nearby private
properties and natural areas, as applicable.
(9) Recreational facilities or structures are only allowed to be built over water when
they provide public access or facilitate a water -dependent use and shall be the
minimum size necessary to accommodate the permitted activity.
(10) Recreational developments shall make adequate provisions for:
(a) On -site and off -site access and, where appropriate, equestrian access;
(b) Appropriate water supply and waste disposal methods; and
(c) Security and fire protection.
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(11) Structures associated with recreational development shall not exceed 35 feet in
height, except for as noted in PMC 29.01.210, Development Standards, when
such structures document that the height above 35 feet will not obstruct the view
of a substantial number of adjoining residences.
(12) Recreational development shall minimize effective impervious surfaces in
shoreline jurisdiction and incorporate low -impact development techniques.
29.01.420 Residential Development
(1) Single-family residential development is a preferred use when it is developed in
a manner consistent with SMP provisions.
(2) Residential development shall be located and constructed to result in no net loss
of shoreline ecological function.
(3) Lots for residential use shall have a maximum density consistent with City's
Comprehensive Plan and zoning regulations.
(4) Accessory uses and structures shall be located outside of the riparian buffer,
unless the structure is or supports a water -dependent use. Storage structures to
support water -related uses are not water -dependent uses, and therefore, shall be
located outside of the riparian buffer.
(5) All residential development shall be located or designed in such a manner as to
prevent measurable degradation of water quality from stormwater runoff.
Adequate mitigation measures shall be required and implemented where there is
the reasonable potential for such adverse effect on water quality.
(6) New shoreline residences and appurtenant structures shall be sufficiently set
back from steep slopes and shorelines vulnerable to erosion so structural
improvements, including bluff walls and other shoreline stabilization and
flood -control structures, are not necessary to protect proposed residences and
associated uses.
(7) New floating residences and overwater residential structures shall be prohibited
in shoreline jurisdiction.
(8) New, multi -unit residential development and the subdivision of land into five or
more lots, shall make adequate provisions for public access consistent with the
regulations set forth in PMC 29.01.260, Public Access.
(9) New residential development shall connect with sewer systems, as required by
the PMC.
(10) All new residential development shall meet the vegetation management
provisions contained in PMC 29.01.240, Shoreline Vegetation Conservation,
and PMC 29.01.530, Fish and Wildlife Habitat Conservation Areas.
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(11) Residential development clustering may be required by the
Shoreline Administrator where appropriate to minimize ecological and visual
impacts on shorelines, including minimization of impacts on shoreline
vegetation consistent with PMC 29.01.240, Shoreline Vegetation Conservation.
29.01.430 Shoreline Habitat and Natural Systems Enhancement Projects
(1) Shoreline restoration and enhancement activities designed to restore or enhance
shoreline ecological functions and processes and/or shoreline features should be
targeted toward meeting the needs of sensitive and/or regionally important
plant, fish, and wildlife species, and shall be given priority.
(2) Shoreline restoration, enhancement, and mitigation activities designed to create
dynamic and sustainable ecosystems to assist the City in achieving no net loss
of shoreline ecological functions are preferred.
(3) Restoration activities shall be carried out in accordance with an approved
Shoreline Restoration Plan and in accordance with the provisions of this SNIP.
(4) To the extent possible, restoration, enhancement, and mitigation activities shall
be integrated and coordinated with other parallel natural resource management
efforts, such as those identified in the Shoreline Restoration Plan.
(5) Habitat creation, expansion, restoration, and enhancement projects may be
permitted subject to required state or federal permits when the applicant has
demonstrated that:
(a) The primary objective is clearly restoration or enhancement of the natural
character or ecological function of the shoreline;
(b) The project will not adversely impact spawning, nesting, or breeding in
Fish and Wildlife Habitat Conservation Areas;
(c) Upstream or downstream properties or Fish and Wildlife Habitat
Conservation Areas will not be adversely affected;
(d) Water quality will not be degraded;
(e) Flood storage capacity will not be degraded;
(f) Impacts to critical areas and buffers will be avoided and where
unavoidable, minimized and mitigated; and
(g) The project will not interfere with the normal public use of the navigable
waters of the state.
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29.01.440 Shoreline Stabilization
(1) Shoreline restoration and enhancement activities designed to restore shoreline
ecological functions and processes and/or shoreline features should be targeted
toward meeting the needs of sensitive and/or regionally important plant, fish,
and wildlife species, and shall be given priority.
(2) New shoreline stabilization for new development is prohibited unless it can be
demonstrated that reasonable use of a lot or parcel legally created prior to the
effective date of this SMP is precluded without shore protection or is necessary
to restore ecological functions or hazardous substance remediation.
(3) Proposed designs for new or expanded shoreline stabilization shall be designed
in accordance with applicable state guidelines, must use the most current
scientific and technical information available, must document that alternative
solutions are not feasible or do not provide sufficient protection, must
demonstrate that future stabilization measures would not be required on the
project site or adjacent properties, and be certified by a qualified professional.
(4) Land subdivisions and lot line adjustments shall be designed to ensure future
development of the newly created lots will not require structural stabilization for
subsequent development to occur.
(5) New or expanded structural shoreline stabilization is prohibited except when
necessity is demonstrated consistent with the requirements of
WAC 173-26-231(3). Necessity is demonstrated through conclusive evidence
documented by a geotechnical analysis that there is a significant possibility that
the structure will be damaged within 3 years as a result of shoreline erosion
caused by wind/wave action or other hydraulic forces and only when significant
adverse impacts are mitigated to ensure no net loss of shoreline ecological
functions and/or processes.
(6) Replacement of an existing shoreline stabilization structure with a similar
structure is permitted if there is a demonstrated need to protect existing primary
uses, structures or public facilities, including roads, bridges, railways, irrigation
and utility systems from erosion caused by stream undercutting or wave action.
The existing shoreline stabilization structure will be removed from the shoreline
as part of the replacement activity. Replacement walls or bulkheads shall not
encroach waterward of the OHWM or existing structure unless the facility was
occupied prior to January 1, 1992, and there are overriding safety or
environmental concerns. Proposed designs for new or expanded shore
stabilization shall be in accordance with applicable state guidelines and certified
by a qualified professional.
(7) Where a geotechnical analysis confirms a need to prevent potential damage to a
primary structure, but the need is not as immediate as 3 years, the analysis may
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still be used to justify more immediate authorization for shoreline stabilization
using bioengineering approaches.
(8) Shoreline stabilization projects that are part of a fish habitat enhancement
project meeting the criteria of RCW 77.55.181, will be authorized through a
Shoreline Exemption. Stabilization projects that are not part of such a fish
enhancement project will be regulated by this SMP.
(9) Small-scale shoreline stabilization projects (e.g., tree planting projects or other
minimally intrusive enhancements) shall be reviewed by a qualified professional
to ensure the project has been designed using the most current scientific and
technical information available.
(10) Large-scale or more complex shoreline stabilization projects (e.g., projects
requiring fill or excavation, placing objects in the water, or hardening the bank)
shall be designed by a qualified professional using the most current scientific
and technical information available. The applicant may be required to have a
qualified professional oversee construction or construct the project.
(11) New stabilization structures, when found to be necessary, will implement the
following standards:
(a) Limit the size of the project to the minimum amount necessary;
(b) Include measures to ensure no net loss of shoreline ecological functions;
and
(c) Use biotechnical bank stabilization techniques unless those are
demonstrated to be infeasible or ineffective before implementing "hard"
structural stabilization measures.
29.01.450 Transportation: Trails, Roads, and Parking
(1) New or expanded motor vehicle and rail transportation facilities shall not be
located within shoreline jurisdiction, unless:
(a) The proponent demonstrates that no feasible upland alternatives exist;
(b) The project represents the minimum development necessary to serve
another specific, localized, and permitted shoreline use; or
(c) In the case of a water crossing, the proponent demonstrates the project is
necessary to further a substantial public interest.
(2) When new roads or road expansions are unavoidable in shoreline jurisdiction,
proposed transportation facilities shall be planned, located, and designed to
achieve the following:
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(a) Meet mitigation sequencing provisions of PMC 29.01.230 Environmental
Protection;
(b) Avoid adverse impacts on existing or planned water -oriented uses;
(c) Set back from the OHWM to allow for a usable shoreline area for
vegetation conservation and any preferred shoreline uses unless infeasible;
(d) Minimize grading, vegetation clearing, and alterations of the natural
topography; and
(e) Use 13MPs for preventing erosion and degradation of surface water
quality.
(3) Improvements to existing motor vehicle and rail transportation facilities shall
not interfere with pedestrian and bicycle access and shall, whenever possible,
provide for expansion and enhancement of pedestrian and bicycle transportation
facilities.
(4) Transportation facilities and services for motor vehicles and rail shall utilize
existing transportation corridors whenever possible.
(5) The development, improvement, and expansion of pedestrian and bicycle
transportation facilities are allowed within all environments. Such transportation
facilities are a preferred use wherever they are compatible with the natural
character, resources, and ecology of the shoreline.
(6) Pedestrian and bicycle transportation facilities shall be designed, located, and
constructed consistent with the policies and regulations for public access as
provided in PMC 29.01.260, Public Access, of this SMP. Linkage among
shoreline parks, recreation areas, and public access points is encouraged, when
feasible.
(7) Parking facilities are not a water -dependent use and shall only be permitted in
the shoreline jurisdiction to support an authorized use where it can be
demonstrated to the satisfaction of the Shoreline Administrator that there are no
feasible alternative locations away from the shoreline. Parking as a primary use
shall not be allowed within 50 feet of edge of riparian vegetation corridor.
Accessory parking facilities shall be subject to the same permit type as the
primary use.
(8) Accessory parking facilities shall be planned to avoid or minimize adverse
effects on unique or fragile shoreline features and shall not result in a net loss of
shoreline ecological functions or adversely affect existing or planned
water -dependent uses. Parking facilities shall be located upland of the principal
structure, building, or development they serve, and preferably outside of
shoreline jurisdiction, except:
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(a) Where the proponent demonstrates that an alternate location would reduce
adverse impacts on the shoreline and adjacent uses;
(b) Where another location is not feasible; and/or
(c) Except when ADA standards require otherwise.
(d) In such cases, the applicant shall demonstrate use of measures to reduce adverse
impacts of parking facilities in shoreline jurisdiction, such as low -impact
development techniques, buffering, or other measures approved by the
Shoreline Administrator.
(9) Parking facilities shall be landscaped in a manner to minimize adverse visual
and aesthetic impacts on adjacent shoreline and abutting properties.
(10) All forms of transportation facilities shall, wherever feasible, consolidate water
crossings and make joint use of rights -of -way with existing or planned future
primary utility facilities and other transportation facility modalities.
(11) Improvements to all existing transportation facilities shall provide for the
reestablishment and enhancement of natural vegetation along the shoreline
when appropriate.
(12) If located in the side yard or waterward side of a structure, loading areas shall
be screened from view of pedestrians on either side of the waterway. The visual
screen shall comprise a fence or wall with trees and shrubs consistent with the
City's landscape standards.
(13) Shoreline crossings and culverts shall be designed to minimize adverse impacts
on riparian and aquatic habitat and shall allow for fish passage. See
PMC 29.01.530, Fish and Wildlife Habitat Areas, for regulations governing
crossings of non -shoreline streams located in shoreline jurisdiction.
(14) Trails shall be designed consistent with public access requirements in
PMC 29.01.260, Public Access.
29.01.460 Utilities
(1) Non -water -oriented utility production and processing facilities and transmission
facilities are permitted in shoreline jurisdiction only if no practical upland
alternative or location exists. New primary utility production and processing
facilities or parts of those facilities, such as power plants, solid waste storage, or
disposal facilities that are non -water -oriented, should not be permitted within
shoreline jurisdiction unless no other options are feasible.
(2) The principal uses permitted by this section include sewage collection, holding,
transfer and treatment pipelines, tanks, structures, containment facilities, and
buildings. Water diversion, treatment and conveyance facilities are also
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considered principle uses. Accessory facilities are also permitted, including, but
not limited to:
(a) Plant monitoring and control facilities and on -site administrative offices;
(b) Plant access and logistical facilities such as storage areas and material
handling ramps and facilities, including utility delivery (electrical and
communication) facilities;
(c) Plant security and safety features such as fences and signage; and
(d) Other accessory or auxiliary uses or features, necessary to effective and
efficient operation of the plant, which cannot feasibly be located outside
the shoreline jurisdiction.
(3) Expansion of existing primary utility facilities within shoreline jurisdiction must
demonstrate:
(a) The expansion is designed to protect adjacent shorelands from erosion,
pollution, or other environmentally detrimental factors during and after
construction.
(b) The project is planned to fit existing natural topography as much as
practical and avoid alteration of the existing natural environment.
(c) Debris, overburden, and other construction waste materials shall be
disposed of so as to prevent erosion or pollution of a waterbody.
(4) New primary utility facilities and expansions shall include provisions to control
the quantity and quality of surface water runoff to natural waterbodies, using
BMPs to retain natural flow rates. A maintenance program to ensure continued
proper functioning of such new facilities shall be required.
(5) Applications for installation of utility facilities other than water -dependent
facilities within the High Intensity Environment Designation shall include the
following:
(a) Reason why the utility facility must be in shoreline jurisdiction;
(b) Alternative locations considered and reasons for their elimination;
(c) Location of the same, similar, or other utility facilities in the vicinity of
the proposed project;
(d) Proposed method(s) of construction;
(e) Plans for reclamation of areas to be disturbed during construction;
(f) Landscape plans;
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(g) Methods to achieve no net loss of ecological function and minimize
clearing of native vegetation; and
(h) Consistency with City's plans for utilities, where such plans exist.
(6) Applications for installation of utility facilities shall include the following:
(a) Proposed method(s) of construction;
(b) Plans for reclamation of areas to be disturbed during construction;
(c) Landscape plans; and
(d) Methods to achieve no net loss of ecological function and minimize
clearing of native vegetation.
(7) Where feasible, utilities shall be consolidated within a single easement and
utilize existing rights -of -way. Any utility located within property owned by the
utility, which must of necessity cross shoreline jurisdiction, shall be designed
and operated to reserve the option of general public recreational usage of the
right-of-way in the future. This option shall be exercised by the public only
where:
(a) The public will not be exposed to dangers from the utility equipment; and
(b) The utility itself will not be subjected to unusual risks of damage by the
public.
(8) In areas where utilities must cross shoreline jurisdiction, they shall do so by the
most direct route feasible, unless such a route would negatively affect an
environmentally critical area, obstruct public access to the shoreline, or interfere
with the navigability of a waterbody regulated by this SMP. See PMC
29.01.530, Fish and Wildlife Habitat Areas, for regulations governing crossings
of non -shoreline streams located in shoreline jurisdiction.
(9) Utility facilities shall be designed and located in a manner that protects scenic
views and minimizes adverse aesthetic impacts.
(10) New utilities, which must be constructed across shoreline jurisdiction in
previously undisturbed areas, must submit a mitigation plan demonstrating the
restoration of the shoreline to at least its existing condition. Upon completion of
utility installation or maintenance, any disturbed areas shall be regraded to be
compatible with the natural terrain of the area and revegetated with appropriate
native plants to prevent erosion.
(11) Outside of the High Intensity Environment Designations, all underwater
pipelines or those paralleling the waterway transporting liquids potentially
injurious to aquatic life or water quality shall be prohibited, unless no other
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alternative exists to serve a public interest. In those limited instances where
permitted, shut-off valves shall be provided at both sides of the waterbody
except for public sanitary sewers of a gravity or siphon nature. In all cases, no
net loss of ecological functions shall be maintained.
(12) Where utilities cannot cross a shoreline waterbody via a bridge or other existing
water crossing, the utilities shall evaluate site -specific habitat conditions and
demonstrate whether impacts can mitigated to negatively impact substrate, or
whether utilities will need to be bored beneath the waterbody such that the
substrate is not disturbed. Construction of pipelines placed under aquatic areas
shall be placed in a sleeve to avoid the need for excavation in the event of a
failure in the future.
(13) Minor trenching'to allow the installation of necessary underground pipes or
cables is allowed if no alternative, including boring, is feasible, and if:
(a) Impacts on fish and wildlife habitat are avoided to the maximum extent
possible.
(b) The utility installation shall not increase or decrease the natural rate,
extent, or opportunity of channel migration.
(c) Appropriate BMPs are employed to prevent water quality impacts or other
environmental degradation.
(14) Utility installation and maintenance operations shall be conducted in a manner
that does not negatively affect surface water quality or quantity. Applications
for new utility projects in shoreline jurisdiction shall include a list of BMPs to
protect water quality.
I Minor trenching is defined as up to 2.5 feet wide and 6 feet deep, and less than 100 feet.
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Article V. Critical Areas
29.01.500 Critical Areas
(1) Purpose:
August 2023
(a) The purpose of SMP Article V, Critical Areas, is to conserve and protect
the values and functions of environmentally sensitive and hazardous areas,
which contribute to public health, safety, and welfare of the community
without violating any citizen's constitutional rights to the use of property
as required by the GMA of 1990 (Chapter 17, Laws of 1990) and the SMA
(RCW 90.58) through the application of the most current scientific and
technical information available.
(b) The City shall regulate in shoreline jurisdiction all uses, activities, and
development within, adjacent to, or likely to affect one or more critical
areas.
(2) Critical Areas. Critical areas of concern to the City of Pasco within the shoreline
jurisdiction include:
(a)
Wetlands;
(b)
Fish and wildlife habitats;
(c)
Aquifer recharge areas;
(d)
Flood hazard areas; and
(e) Geologically hazardous areas such as those subject to landslide and steep
slope failures, erosion, seismic events, mine collapse, and volcanic
hazards.
(3) Critical Area Categories. The City finds that these critical areas fall into one or
both of the following categories:
(a) Critical areas provide a variety of valuable and beneficial biological and
physical functions that benefit the City and its residents; and
(b) Critical areas pose potential threat to human safety or to public and private
property.
(4) Intent. The intent of this section is to implement the provisions of the GMA,
SMA, and the Comprehensive Plan by managing development in harmony with
critical areas. This section seeks to:
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(a) Protect members of the public and public resources and facilities from
injury, loss of life, or property damage due to landslides and steep slope
failures, erosion, seismic events, volcanic eruptions, or flooding;
(b) Protect unique, fragile and valuable elements of the environment,
including fish and wildlife and their habitats;
(c) Mitigate unavoidable impacts to environmentally sensitive areas by
regulating alterations in and adjacent to critical areas;
(d) Prevent cumulative adverse environmental impacts to water quality and
wetlands;
(e) Meet the requirements of the Washington GMA (RCW 36.70A), and SMA
(RCW 90.58) with regard to the protection of critical area lands;
(f) Coordinate environmental review and permitting of proposals to avoid
duplication and delay of desirable actions.
(5) Most Current Scientific and Technical Information:
(a) WAC 173.26.201(2)(a) requires the City to identify and assemble the most
current, accurate, and complete scientific and technical information
available regarding the development of policies related to identification of
and policies governing management recommendations for critical areas.
(b) Critical Area Reports, mitigation plans, and decisions to permit the
alteration of critical areas within the shoreline jurisdiction shall rely on the
most current scientific and technical information to ensure the protection
of the ecological functions and values of critical areas and must give
special consideration to conservation or protection measures necessary to
preserve or enhance anadromous fish and their habitat.
(c) The most current scientific and technical information that is consistent
with criteria established in WAC 173.26.201(2)(a), and may include the
following:
(i) Critical area maps;
(ii) Maps and reference documents in the City of Pasco's Inventory,
Characterization, and Analysis Report, as applicable;
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(iii) U.S. Geological Survey (USGS) topographic quadrangle maps,
including Washington Department of Natural Resources Geologic
Information Porta12
(iv) Aerial photographs;
(v) Soil Survey of Franklin County, Washington, by the
U.S. Department of Agriculture, Soil Conservation Service;
(vi) National Wetland Inventory maps; and
(vii) WDFW Priority Habitats and Species maps.
29.01.510 General Provisions
(1) Authorizations Required. Prior to fulfilling the requirements of this section, the
City shall not grant any approval or permission to alter the condition of any
land, water or vegetation, or to construct or alter any structure or improvement
including, but not limited to, the following:
(a) Building Permit;
(b) Special Use Permit;
(c) Shoreline Special Use Permit;
(d) Shoreline Substantial Development Permit;
(e) Shoreline Variance Permit;
(f) Binding Site Plan;
(g) Short Subdivision;
(h) Subdivision;
(i) Zoning Variance Permit;
0) Rezone; or
(k) Any other adopted permit or required approval not expressly exempted by
this section
(2) Jurisdiction:
2 Geologic Information Portal I WA - DNR
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(a) This section shall apply to all lands, all land uses and development and all
structures and facilities in City's shoreline jurisdiction. This section shall
apply to every person, individual, firm, partnership, corporation,
governmental agency or other entity that owns, leases, or administers land
within the City's shoreline jurisdiction.
(b) This section provides regulations for land use and development in and
adjacent to critical areas within the City's shoreline jurisdiction.
(3) Allowed uses:
(a) All allowed activities shall use reasonable methods supported by the most
current scientific and technical information or accepted BMPs with the
least amount of potential impact to the critical areas. Any incidental
damage to or alteration of a critical area that is not a necessary outcome of
the exempted activity shall be restored, rehabilitated, or replaced at the
responsible party's expense. This includes, but is not limited to, access
ways or paths, vegetation removal or damage beyond a reasonable work
zone, and grading and clearing not essential to the ongoing operation of
the site's use. Uses allowed under this section do not give permission to
destroy a critical area or ignore risk from natural hazards. See PMC
29.01.770, Exemptions from Shoreline Substantial Development Permits,
for provisions for exempted activities within shoreline jurisdiction.
Allowed uses include:
(i) Modification of any existing structure that does not alter the
structure to further intrude into a critical area or established buffer
and does not increase risk to life and property. Modification
includes construction of tenant improvements, fences, decks,
patios, driveways, signs, and accessory structures.
(ii) Operation and maintenance of any system of existing dikes, levees,
ditches, drains, or other facilities which were created, developed or
utilized primarily as a part of a drainage or diking system.
Operation and maintenance does not necessarily include the
expansion or new construction of drainage ditches and related
facilities. See PMC 29.01.770, Exemptions from Shoreline
Substantial Development Permits, for additional provisions that
may be applicable.
(iii) Removal of hazardous trees and vegetation and, when necessary,
measures to control or prevent a fire or halt the spread of disease or
damaging insects consistent with the State Forest Practices Act;
RCW 76.09, provided that no vegetation shall be removed from a
critical area or its buffer without approval from the City.
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(iv) Activities involving artificially created wetlands or streams
intentionally created from non -wetland sites, including, but not
limited to: grass -lined swales, irrigation and drainage ditches,
detention facilities, and landscape features, except those features
that provide critical habitat for anadromous fish and those features
that were created as mitigation for projects or alterations subject to
the provisions of this section.
(v) Passive recreational activities, including, but not limited to,
fishing, bird watching, boating, swimming, hiking, and use of
nature trails, provided the activity does not alter the critical area or
its buffer.
(vi) The harvesting of wild crops in a manner that is not injurious to
natural reproduction of such crops and provided the harvesting
does not require tilling soil, planting crops, or changing existing
topography, water conditions or water sources.
(vii) Educational and scientific research.
(viii) Existing and ongoing agricultural activities and related
development activities, provided no alteration of flood storage
capacity or conveyance, or increase in the extent or nature of
impact to a critical area or its buffer occurs, beyond that which has
occurred prior to the effective date of this section.
(b) If the proposed activity meets any of the listed allowed uses, including any
BMP and/or restoration requirements, completion of a critical area
checklist or further Critical Area Review is not required.
(4) Critical Area Review:
(a) The City of Pasco shall complete a Critical Area Review prior to granting
any shoreline permit approval for a development or other alteration on a
site that is found to likely include, or be adjacent to, or have significant
impact upon one or more critical areas, unless otherwise provided in this
section. As part of this review, the Shoreline Administrator shall verify the
information submitted by the applicant, and:
(i) Confirm the extent, nature, and type of any critical areas identified
and evaluate any required Critical Area Detailed Study;
(ii) Determine whether the development proposal conforms to the
purposes and performance standards of this section;
(iii) Assess impacts on the critical area from the activities and uses
proposed and determine whether any proposed alterations to, or
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impacts upon, critical areas are necessary and unavoidable in order
to meet the objectives of the proposal; and
(iv) Determine if any required mitigation plans proposed by the
applicant are sufficient to protect the critical area and public
health, safety, and welfare concerns consistent with the goals,
purposes, objectives, and requirements of this section.
(b) The applicant shall be responsible for the initiation, preparation,
submission, and expense of all required assessments, studies, plans,
reconnaissance, and other work in support of the application. The
applicant shall provide the City with digital copies and paper copies of
reports/studies and maps prepared for the reports/studies, including all
geotechnical studies and mapping.
(5) Minimum Standards. Any proposed activity shall be conditioned as necessary to
mitigate impacts to critical areas to ensure no net loss of ecological function and
conform to the performance standards required by this section and
PMC 29.01.230, Environmental Protection.
(6) Concurrent Requirements. Lands characterized by one or more critical area
feature may also be subject to other regulations established by this section due
to overlap or multiple functions of some critical areas. In the event of conflict
between regulations, the most restrictive regulations shall apply.
(7) Critical Area Checklist:
(a) For any proposed activity not found to be exempt under PMC 29.01.510
(3), or PMC 29.01.770, Exemptions from Shoreline Substantial
Development Permits, the applicant shall complete a critical area checklist
on forms provided by the City. The checklist must be submitted to the
Shoreline Administrator prior to consideration of any permit request that
requires a Critical Area Review, as described in PMC 29.01.510, General
Provisions.
(b) Following receipt of the checklist, the Shoreline Administrator will
conduct a review to determine whether there are any critical area
indicators present that may be impacted by the proposal.
(8) Initial Determination:
(a) If the Shoreline Administrator determines the site potentially includes, or
is adjacent to critical areas, or the proposed project could have significant
adverse impacts on critical areas, the Shoreline Administrator shall notify
the applicant that a Critical Area Detailed Study is required for each of the
indicated critical area types.
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(b) If the review of the checklist and critical area resources do not indicate
that critical areas are included or adjacent to the activity or could suffer
probable significant adverse impacts from the activity, then the
Shoreline Administrator shall rule that the Critical Area Review is
complete. The determination shall be noted on the checklist.
(c) The applicant shall acknowledge in writing that a determination regarding
the apparent absence of one or more critical areas by the Shoreline
Administrator is not intended to be an expert certification regarding the
presence of critical areas and the determination is subject to possible
reconsideration and reopening if new information is received. If the
applicant wants greater assurance of the accuracy of the Critical Area
Review determination, the applicant may hire a qualified professional to
provide such assurances.
(9) Waivers from Critical Area Detailed Study Requirements:
(a) The Shoreline Administrator may waive the requirement for a
Critical Area Detailed Study if there is substantial evidence that:
(i) There will be no alteration of the critical areas or required buffer;
(ii) The development proposal will not impact the critical area in a
manner contrary to the purpose, intent and requirements of this
section; and
(iii) The performance standards required by this section will be met.
(b) In making the determination, the Shoreline Administrator may use any of
the most current scientific information and the Critical Area reference
maps and/or inventories identified in PMC 29.01.500 (6).
(c) Notice of the findings substantiating the waiver will be attached to the
permit and filed with the application records.
(10) Critical Area Detailed Studies:
(a) Preliminary Reconnaissance. If a Critical Area Detailed Study is
determined to be necessary, then a data review and field reconnaissance
shall be performed by a qualified professional for that type of critical area.
If the Detailed Study reveals no critical area is present, then a statement of
this finding along with supporting evidence shall be prepared by the
professional and submitted to the City. An approved finding of the lack of
a critical area shall satisfy all of the requirements for a Detailed Study.
(b) Minimum Requirements. If the data review and field reconnaissance
reveals that a critical area is present, then a complete Detailed Study shall
be prepared by the applicant and submitted to the City. At a minimum, a
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Critical Area Detailed Study shall comply with the specific criteria in
PMC 29.01.520 through PMC 29.01.560, and clearly document:
(i) The boundary and extent of the critical area;
(ii) The existing function, value, and/or hazard associated with the
critical area;
(iii) The probable impact upon the function, value, and/or hazard
associated with the critical area from the project as proposed; and
(iv) A mitigation plan including the items in PMC 29.01.510 (13).
(c) Limitations to Study Area. If the applicant, together with assistance from
the City, cannot obtain permission for access to properties adjacent to the
project area, then the Critical Area Detailed Study may be limited
accordingly.
(d) Preparation and Determination of Completeness. The Critical Area
Detailed Study shall be prepared by a qualified professional for the type of
critical area or areas involved. The qualified professional may consult with
the Shoreline Administrator prior to or during preparation of the Critical
Area Detailed Study to obtain City approval of modifications to the
contents of the study where, in the judgment of the qualified professional,
more or less information is required to adequately address the critical area
impacts and required mitigation.
If the Critical Area Detailed Study is found to be incomplete, the applicant shall
be notified and the Critical Area Review process shall be suspended pending
correction of the inadequacies. Upon receipt of a complete Critical Area Detailed
Study a final determination is to be rendered.
(11) Final Determination. Following submission of a completed Detailed Study, the
Shoreline Administrator will review the Detailed Study and make a
determination, based on the Critical Area Detailed Study and any other
available and appropriate materials. The Shoreline Administrator's
determination will address the adequacy of the project, as proposed, to mitigate
any effects it may have on critical areas that are included within or adjacent to
the project site. The Shoreline Administrator may elect to request assistance
from state resource agency staff if necessary. In addition, the Shoreline
Administrator will assess the adequacy of the project proposal's compliance
with the applicable performance standards and this SMP. Notice of this
determination shall be attached to the permit and the Critical Area Review shall
be completed.
(a) A Favorable Determination. A determination that the project proposal
adequately mitigates its impacts on the critical areas and complies with the
applicable performance standards satisfies the provisions of this Title only.
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It should not be construed as endorsement or approval of the original or
any subsequent permit applications.
(b) An Unfavorable Determination. When a project proposal is found to not
adequately mitigate its impacts on the critical areas and/or not comply
with applicable performance standards, the Shoreline Administrator shall
prepare written notice of the reasons for the finding of non-compliance.
Such notice shall identify the critical area impacted and the nature of the
impact.
Following notice of a determination from the Critical Area Review that the
proposed activity does not adequately mitigate its impacts on the critical areas
and/or does not comply with applicable performance standards, the applicant may
request consideration of a revised mitigation plan. If the revision is found to be
substantial and relevant to the Critical Area Review, the Shoreline Administrator
may re -open the Critical Area Review and make a new determination based on
this revised mitigation plan.
(12) Completion of the Critical Area Review. If at any time prior to completion of
the public input process on associated permits or approvals, the City receives
new evidence that a critical area may be included in, adjacent to, or significantly
impacted by the proposed activity, then the City shall re -open the
Critical Area Review process and shall require whatever level of
Critical Area Review and mitigation as indicated by the evidence. Once the
public input process on all associated permits or approvals is completed and the
record is closed, then the City's determination regarding critical areas shall be
final, unless appeal is filed as per PMC 29.01.810, Appeals.
(13) Mitigation Standards:
(a) All proposed critical area alterations shall include mitigation sufficient to
maintain the function and values of the critical area or to prevent risk from
a hazard posed by a critical area. Mitigation of one critical area impact
should not result in unmitigated impacts to another critical area.
Mitigation includes avoiding, minimizing, or compensating for adverse
impacts to critical areas or their buffers. The preferred sequence of
mitigation is defined in PMC 29.01.230, Environmental Protection.
(b) Possible mitigation techniques include, but are not limited to, buffers,
setbacks, limits on clearing and grading, creation of artificial wetlands,
streambank stabilization, modified construction methods, and l3MPs for
erosion control and maintenance of water quality.
(c) All proposed mitigation shall be documented in a mitigation plan included
as an element of the Critical Area Detailed Study. The mitigation plan
shall include a description of the following:
(i) The proposed mitigation;
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(ii) How the proposed mitigation will maintain the critical area
function, any ongoing monitoring and/or inspection that may be
required to ensure the adequacy of the proposed mitigation, and an
evaluation of the anticipated effectiveness of the proposed
mitigation;
(iii) Any remedial measures that may be required, depending on the
outcome of that ongoing monitoring and/or inspection;
(iv) Any required critical expertise necessary to install, monitor, or
inspect the proposed mitigation; and
(v) Any bonding or other security required to insure performance
and/or maintenance of the proposed mitigation.
(14) Buffers:
(a) Buffers have, in some cases, been determined to be necessary to protect
critical areas and their functions. Where specific buffers are identified,
those buffers are deemed "required" or "standard" buffers. See Table
29.01.210 (2) for riparian buffers and PMC 29.01.520 for wetland buffers.
(i) Except as otherwise specified herein, required buffers shall be
retained in their pre-existing condition. If a project does not
propose any alteration of buffers or of the associated critical area,
then subject to the following provision, no additional mitigation
will be required to protect the critical area. Additional mitigation
beyond the required buffer shall be required if the
Shoreline Administrator finds that, based on unique features of the
critical area or its buffer or of the proposed activity, the required
buffers will not adequately protect the function of the critical area
or prevent risk of hazard from the critical area and that additional
mitigation or buffering is required to protect the critical area
function or to prevent risk of hazard from the critical area.
(ii) The buffer shall be marked prior to any site alteration, and
boundary markers shall be visible, durable, and permanently
affixed to the ground. The boundary markers shall remain until all
activity is completed and a final site inspection is completed.
(iii) An 8-foot-minimum setback shall be required from the buffer area
for any construction of impervious surface area greater
120 square feet. Clearing, grading, and filling within this setback
shall only be allowed when the applicant can demonstrate that
vegetation within the buffer will not be damaged.
(iv) Where temporary buffer disturbance or alteration has or will occur
in conjunction with regulated activities, revegetation with
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appropriate native vegetation shall be required and completed 1
month before the end of the growing season.
(v) Normal non-destructive pruning and trimming of vegetation for
maintenance purposes, or thinning of limbs of individual trees to
provide a view corridor, shall not be subject to these buffer
requirements. Enhancement of a view corridor shall not be
construed to mean excessive removal of trees or vegetation that
impairs views. See also PMC 29.01.240, Shoreline Vegetation
Conservation.
(b) If the applicant proposes to reduce required buffers or to alter the required
buffer, then the applicant shall demonstrate why such buffer modification,
together with any alternative mitigation proposed in the Critical Area
Detailed Study, is sufficient to protect the critical area function or to
prevent risk of hazard from the critical area.
(c) The Critical Area Detailed Study shall make adequate provision for
long-term buffer protection. Periodic inspection of the buffers may be
required if deemed to ensure long-term buffer protection.
(15) Bonding. The Shoreline Administrator shall have the discretion to require a
bond, which will ensure compliance with the mitigation plan if activity related
to the protection of the critical area(s) (e.g., monitoring or maintenance) or
construction is scheduled to take place after the issuance of the City's permit.
The bond shall be in the form of a surety bond, performance bond, assignment
of savings account, or an irrevocable standby letter of credit guaranteed by a
financial institution with terms and conditions acceptable to the City Attorney.
The bond shall be in the amount of 125% of the estimated cost of the
uncompleted actions or construction or the estimated cost of restoring the
function and values of the critical area that are at risk, whichever is higher. The
term of the bond shall be 2 years, or until the additional activity or construction
has been completed and passed the necessary inspections, whichever is longer.
(16) Incentives. The following incentives are intended to minimize the burden to
individual property owners from application of the provisions of this section:
(a) Open Space. Any property owner on whose property a critical area or its
associated buffer is located and who proposes to put the critical area and
buffer in a separate tract may apply for current use property tax
assessment on that separate tract through Franklin County, pursuant to
RCW 84.34.
(b) Conservation Easement. Any person whose property contains an identified
critical area or its associated buffer may place a conservation easement
over that portion of the property by naming a beneficiary under
RCW 64.04.130 as beneficiary of the conservation easement. This
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conservation easement may be in lieu of a separate critical areas tract that
qualifies for open -space tax assessment described in PMC 29.01.510 (16).
The purpose of the easement shall be to preserve, protect, maintain,
restore, and limit future use of the property affected. The terms of the
conservation easement may include prohibitions or restrictions on access.
(17) Critical Areas Mapping. The approximate location and extent of critical areas in
the City of Pasco may include the following:
(a) Critical areas shown on the critical areas map adopted as a part of the
Comprehensive Plan.
(b) Other mapping resources provided in PMC 29.01.500 (6).
Mapping resources are to be used only as guides to alert the user to the possible
distribution, location, and extent of critical areas. Mapping shall be utilized as a
source of generalized information and shall not be considered as regulatory
standards or substitute for site -specific assessments. The actual type, extent, and
boundaries of critical areas shall be determined in the field by a qualified
specialist according to the procedures, definitions, and criteria established in this
section.
29.01.520 Wetlands
(1) Purpose. The purpose of this section is to promote public health and welfare by
instituting local measures to preserve naturally occurring wetlands that exist in
the City's shoreline jurisdiction for their associated value. These areas may
serve a variety of vital functions, including, but not limited to, flood storage and
conveyance, water quality protection, recharge and discharge areas for
groundwater, erosion control, sediment control, fish and wildlife habitat,
recreation, education, and scientific research.
(2) Wetland Designation. Under SMP Article V, Critical Areas, wetlands shall be
designated in accordance with the definitions, methods, and standards set forth
in the approved 1987 USACE Wetlands Delineation Manual, as amended and
its regional applicable regional supplements, as amended (The Arid West Final
Regional Supplement was last updated in 2008 at time of SMP adoption). All
areas within the City of Pasco meeting the criteria identified in this delineation
manual, regardless of whether or not these areas have been formally identified
as wetlands, are hereby designated as wetland critical areas and are subject to
the provisions of SMP Article V, Critical Areas.
(3) Wetland Rating (Classification):
(a) The wetlands rating system is intended to differentiate between wetlands
based on their sensitivity to disturbance, rarity, irreplaceability, and the
functions and values they provide. A general description of wetland
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categories and the rationale for each category is provided in
PMC 29.01.080, Definitions (see "Wetland Categories").
(b) Wetlands shall be rated (classified) as either Category I, Category II,
Category III, or Category IV according to the criteria listed in this section.
This rating system is based on the Washington Department of Ecology's
Washington State Wetlands Rating System for Eastern Washington -
Ecology Publication #14-06-030 (October 2014), as amended. The most
current copy of this document should be used in classifying wetlands and
developing wetland mitigation plans.
(4) Wetland Indicators. The following indicators of wetland presence shall be used
by the Shoreline Administrator to determine if a Wetland Detailed Study is
needed:
(a) Listing in the City's Critical Areas Mapping resources as a wetland or
resources listed in PMC 29.01.500 (6);
(b) Documentation, through references state or federal handbooks and or
reports by qualified experts;
(c) A finding by a qualified wetland biologist that an appropriate hydrologic,
soil, and/or vegetation regime indicative of a wetland exists; or
(d) A reasonable belief by the Shoreline Administrator that a wetland may
exist, supported by a site visit and subsequent consultation with a qualified
wetland biologist.
(5) Wetland Detailed Study. Requirements. If a Wetland Detailed Study is required,
it shall meet the following requirements in addition to the Basic Requirements
identified in PMC 29.01.510 (10):
(a) The Wetland Detailed Study shall be completed by a qualified wetlands
biologist.
(b) The extent and boundaries of any wetlands shall be determined in
accordance with the methodology specified under PMC 29.01.520 (2). The
boundary shall be surveyed and mapped at a scale no smaller than 1 inch
equals 200 feet.
(c) A wetland community description and wetland classification shall be
completed, consistent with the requirements of PMC 29.01.520 (2).
(d) A written values and functions assessment shall be completed and address
site hydrology (source of water in the system, water quality, flood and
stream flow attenuation, seasonality of presence of water, if applicable),
soils, vegetation, fish and wildlife habitat, recreation, and aesthetics.
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(e) The site plan for the proposed activity shall be mapped at the same scale
as the wetland map, showing the extent of the proposed activity in
relationship to the surveyed wetland, including a detailed narrative
describing the project, its relationship to the wetland, and its potential
impact on the wetland.
(f) The proposed mitigation plan shall follow the general mitigation plan
requirements described in PMC 29.01.510 (13), and address how the
activity has been mitigated to avoid and minimize adverse impacts to
wetlands. The Wetland Mitigation in Washington State — Part 2:
Developing Mitigation Plans, Department of Ecology
Publication # 06-06-01 lb, March 2006 (or any succeeding documents)
should be used as a basis for mitigation.
(6) Wetland Detailed Study Exemptions. In addition to activities exempted in
PMC 29.01.510 (3) and PMC 29.01.770, the following activities shall not
require a Wetland Detailed Study, provided they are conducted using accepted
BMPs as determined by the Shoreline Administrator:
(a) Conservation or preservation of soil, water, vegetation, fish, or other
wildlife.
(7) Basic Wetland Requirement. A regulated wetland or its required buffer can only
be altered if the Wetland Detailed Study shows that:
(a) The proposed alteration does not degrade the quantitative and qualitative
functions of the wetland and results in not net loss of ecological function,
or
(b) Any degradation can be adequately mitigated to protect the wetland
function. Any proposed alteration approved pursuant to this section shall
include mitigation necessary to mitigate the impacts of the proposed
alteration on the wetland as described in this section and
PMC 29.01.510 (13).
(8) Required Buffers:
(a) Buffer Requirements. The following buffers shall be required for wetlands
based on the rating of the wetland as outlined in PMC 29.01.520 (3) and
land -use intensity described in Table 29.01.520 (8)(b).
(i) Any wetland created, restored, or enhanced as compensation for
approved wetland alterations shall also include the standard buffer
required for the category of the created, restored, or enhanced
wetland.
Table 29.01.520 (8)(a): Wetland Buffer Width Requirements
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Buffer Width by Impact of
Other Measures
Wetland Characteristics
Proposed Land Use
Recommended for Protection
Category IV Wetlands (For wetlands scoring less than 16 —18 points for all functions)
Low — 25 5 feet
et fe
Score for all three basic functions is less
Moderate feet
No recommendations at this
than 16 points
High — 50 feet
time
Category III Wetlands (For wetlands scoring 16 to 18 points for all functions)
Moderate level of function for habitat
Low — 75 feet
(score for habitat 6 to 7 points)
Moderate —110 feet
No recommendations at this
*If wetland scores 8 to 9 habitat points,
High —150 feet
time
use Category II buffers
Low — 40 feet
No recommendations at this
Score habitat for 3 to 5 points
Moderate — 60 feet
High — 80 feet
time
Category II Wetlands (For wetlands scoring 19 to 21 points or more for all functions or having the "Special
Characteristics" identified in the rating system)
Low —100 feet
et
High level of function for habitat (score
Moderate — feet
Maintain connections to other
for habitat 8 to 9 points)
habitat areas
High — 200 feet
Low — 75 feet
Moderate level of function for habitat
Moderate —110 feet
No recommendations at this
(score for habitat 5 to 7 points)
High —150 feet
time
High level of function for water quality
Low — 50 feet
improvement and low for habitat (score
Moderate — 75 feet
No additional surface
for water quality 8 to 9 points; habitat
High —100 feet
discharges of untreated runoff
less than 5 points)
Riparian forest wetlands need
to be protected at a watershed
Buffer width to be based on
or subbasin scale
Riparian forest
score for habitat functions or
Other protection based on
water quality functions
needs to protect habitat and
water quality functions
Low — 50 feet
Not meeting above characteristic
Moderate — 75 feet
No recommendations at this
High —100 feet
time
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Buffer Width by Impact of
Other Measures
Wetland Characteristics
Proposed Land Use
Recommended for Protection
Low —100 feet
Moderate —150 feet
High — 200 feet
Or develop a regional plan to
protect the most important
No intensive grazing or tilling
Vernal pool
vernal pool complexes; buffers
of wetland
of vernal pools outside
protection zones can then be
reduced to:
Low — 40 feet
Moderate — 60 feet
High — 80 feet
Category I Wetlands (For wetlands scoring 22 points or more for all functions or having the "Special
Characteristics" identified in the rating system)
No additional surface
discharges to wetland or its
Low —125 feet
tributaries
Wetlands of High Conservation Value,
Moderate —190 feet
No septic systems within 300
Bogs
High — 250 feet
feet of wetland
Restore degraded parts of
buffer
Restore degraded parts of
Low —100 feet
High level of function for habitat (score
Moderate —150 feet
buffer
for habitat 8 to 9 points)
High — 200 feet
Maintain connections to other
habitat areas
Low — 75 feet
et
Moderate level of function for habitat
Moderate — feet
No recommendations at this
(score for habitat 5 to 7 points)
High —150 feet
time
High level of function for water quality
Low — 50 feet
No additional surface
improvement (8 to 9 points) and low for
Moderate — 75 feet
discharges of untreated runoff
habitat (less than 5 points)
High —100 feet
Low — 50 feet
No recommendations at this
Not meeting above characteristics
Moderate — 75 feet
time
High —100 feet
Note:
See Table 29.01.520 (8)(b) in this section, or as amended by Ecology, for types of land uses that can result in low,
moderate, and high impacts to wetlands.
(b) The Land Use Intensity table describes the types of proposed land use that
can result in high, moderate, and low levels of impacts to adjacent
wetlands.
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Table 29.01.520 (8)(b): Land Use Intensity Table
Level of
Impact from
Proposed
Land Use
Types of Land Use
• Commercial
• Urban
• Industrial
• Institutional
• Mixed -use developments
• Residential (more than one unit/acre)
High
Roads: federal and state highways, including on -ramps and exits, state routes,
and other roads associated with high -impact land uses
• Railroads
• Agriculture with high -intensity activities (dairies, nurseries, greenhouses, growing
and harvesting crops requiring annual tilling, raising and maintaining animals, etc.
• Open/recreational space with high -intensity uses (golf courses, ball fields, etc.)
• Solar farms (utility scale)
• Residential (1 unit/acre or less)
• Roads: Forest Service roads and roads associated with moderate impact land uses
• Open/recreational space with moderate -intensity uses (parks with paved trails or
playgrounds, biking, jogging, etc.)
Moderate
• Agriculture with moderate -intensity uses (orchards, hay fields, light or rotational
grazing, etc.)
• Utility corridor or right-of-way used by one or more utilities and including
access/maintenance
• Wind farm
• Natural resource lands (forestry/silviculture—cutting of trees only, not land
clearing and removing stumps)
• Open/recreational space with low -intensity uses (unpaved trails, hiking,
Low
birdwatching, etc.)
• Utility corridor without a maintenance road and little or no vegetation
management
• Cell tower
(c) Measuring Buffer Dimensions. Wetland buffers shall be measured
horizontally in a landward direction from the delineated wetland edge.
(d) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a
continuous slope of 25% or greater, the buffer shall include such sloping
areas. Where the horizontal distance of the sloping area is greater than the
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required standard buffer, the buffer shall be extended to a point 25 feet
beyond the top of the bank of the sloping area.
(9) Buffer Width Modifications:
(a) Administrative Buffer Width Averaging. The required buffer widths
established in this SMP may be modified by the Shoreline Administrator
for a development on existing legal lots of record in place at the time of
adoption of this SMP.
(i) Buffer widths may be modified in accordance with the provisions
of this section only where the applicant demonstrates all of the
following:
(A) Averaging is necessary to avoid an extraordinary hardship
to the applicant caused by circumstances peculiar to the
property;
(B) The designated buffer area contains variations in sensitivity
to ecological impacts due to existing physical
characteristics or the character of the buffer varies in slope,
soils, or vegetation;
(C) The total area contained within the buffer after averaging is
no less than that contained within the standard buffer prior
to averaging;
(D) The minimum buffer width at its narrowest point shall not
be less than 75% of the required buffer width established
under this SMP; and
(E) The buffer width averaging does not result in a net loss of
ecological function.
(b) Wetland Buffer Reductions.
(i) For wetlands that score moderate or high for habitat function, the
width of the buffer can be reduced if the following criteria are met:
(A) A relatively undisturbed vegetative corridor of at least
100 feet in width is protected between the wetland and any
other priority habitats; and
(B) The protected area is preserved by means of easement,
covenant or other measure; and
(C) Measures identified in PMC 29.01.520 (9)(b)(ii)(A) are
taken to minimize the impact of any proposed land use.
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(ii) For wetlands that score low for habitat function, the buffer width
can be reduced to that required for moderate land -use impacts by
applying the following measures to minimize the impacts of the
proposed land uses:
(A) Wetland buffers may be administratively modified based
on reducing the intensity of impacts from land uses. Buffer
widths required for high -intensity land uses may be reduced
to those required for moderate land use intensity under the
following conditions:
• Direct lights away from the wetland and buffer.
• Locate activities that that generate noise away from the
wetland and buffer.
• Establish covenants limiting use of pesticides within
200 feet of a wetland.
• Implement integrated pest -management programs.
• Infiltrate or treat, detain and disperse runoff into buffer.
• Post signs at the outer edge of the critical area or buffer
to clearly indicate the location of the critical area
according to the direction of the City.
• Plant buffer with native vegetation appropriate for the
region to create screens or barriers to noise, light, and
human intrusion, as well as to discourage domestic
animal intrusion.
• Use low -impact development where appropriate.
• Establish a permanent conservation easement to protect
the wetland and the associated buffer.
(10) Compensatory Mitigation. As a condition of any development permit or
approval, which results in on -site loss or degradation of regulated wetlands
and/or wetland buffers, the City may require the applicant to provide
compensatory mitigation to ensure no net loss of ecological function and to
offset impacts resulting from the actions of the applicant. The following
standards shall apply:
(a) The mitigation shall be conducted on property that shall be protected and
managed to avoid further loss or degradation. The applicant shall provide
for long-term preservation of the mitigation area.
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(b) Mitigation ratios shall be consistent with the following entitled
Washington State Department of Ecology manual; Wetland Mitigation in
Washington State, Part 1: Agency Policies and Guidance (Version 2,
Publication #21-06-003,April 2021) and Wetland Mitigation in
Washington State, Part 2: Developing Mitigation Plans (Version 1,
Publication #06-06-01lb, March 2006). See Table 29.01.520 (13),
Wetland Mitigation Ratios (for Eastern Washington).
(c) Mitigation shall follow an approved mitigation plan and reflect the
restoration/creation ratios specified above.
(d) The applicant shall enter into a wetland mitigation monitoring agreement
with the City as a condition of approval. The monitoring program will
continue for at least 8 years from the date of plant installation. Monitoring
will continue for 10 years where woody vegetation (forested or shrub
wetlands) is the intended result.
These communities take at least 8 years after planting to reach 80%
canopy closure. Reporting for a 10-year monitoring period shall occur in
years 1, 2, 3, 5, 7, and 10. Monitoring in all instances shall be bonded.
Reporting results of the monitoring data to the City is the responsibility of
the applicant.
(e) Mitigation shall be completed prior to or concurrently with, wetland loss,
or, in the case of an enforcement action, prior to continuation of the
activity by the applicant.
(f) On -site mitigation is generally preferred over off -site mitigation.
(g) Off -site mitigation allows replacement of wetlands away from the site on
which the wetland has been impacted by a regulated activity. Off -site
mitigation will be conducted in accordance with the restoration/creation
ratios described above and in Table 29.01.520 (13), Wetland Mitigation
Ratios (for Eastern Washington). Off -site mitigation shall occur within the
same drainage basin as the wetland loss occurs, provided that Category IV
wetlands may be replaced outside of the watershed if there is no
reasonable alternative. Off -site mitigation may be permitted where:
(i) On -site mitigation is not feasible due to hydrology, soils, or other
factors.
(ii) On -site mitigation is not practical due to probable adverse impacts
from surrounding land uses or would conflict with a federal, state,
or local public safety directive.
(iii) Potential functional values at the site of the proposed restoration
are greater than the lost wetland functional values.
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(h) When the wetland to be altered is of a limited functional value and is
degraded, mitigation shall be of the wetland community types needed
most in the location of mitigation and those most likely to succeed with
the highest functional value possible.
(i) Except in the case of cooperative mitigation projects in selecting
mitigation sites, applicants shall pursue locations in the following order of
preference:
(i) Filled, drained, or cleared sites that were formerly wetlands and
where appropriate hydrology exists.
(ii) Upland sites, adjacent to wetlands, if the upland is significantly
disturbed and does not contain a mature forested or shrub
community of native species, and where the appropriate natural
hydrology exists.
(j) Where out -of -kind replacement is accepted, greater restoration/creation
ratios may be required.
(k) Construction of mitigation projects shall be timed to reduce impacts to
existing wildlife and plants. Construction shall be timed to ensure grading
and soil movement occurs during the dry season, and planting of
vegetation shall be specifically timed to the needs of target species.
(11) Innovative Mitigation:
(a) One or more applicants, or an organization may undertake a mitigation
project together if it is demonstrated that all of the following
circumstances exist:
(i) Creation of one or several larger wetlands may be preferable to
many small wetlands;
(ii) The group demonstrates the organizational and fiscal capability to
act cooperatively;
(iii) The group demonstrates that long-term management of the
mitigation area will be provided; and
(iv) There is a clear potential for success of the proposed mitigation at
the identified mitigation site.
(b) Wetland mitigation and banking programs shall be consistent with the
provisions outlined in the Department of Ecology's publication Wetland
Mitigation in Washington State, Part 1: Agency Policies and Guidance
(Version 1, Publication #06-06-01 la, March 2006) and Wetland
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Mitigation in Washington State, Part 2: Developing Mitigation Plans
(Version 1, Publication #06-06-01b, March 2006).
(i) Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
(A) The bank is certified under WAC 173-700;
(B) The Shoreline Administrator determines the wetland
mitigation bank provides appropriate compensation for the
authorized impacts; and
(C) The proposed use of credits is consistent with the terms and
conditions of the bank's certification.
(ii) Replacement ratios for projects using bank credits shall be
consistent with replacement ratios specified in the bank's
certification.
(iii) Credits from a certified wetland mitigation bank may be used to
compensate for impacts located within the service area specified in
the bank's certification. In some cases, the service area of the bank
may include portions of more than one adjacent drainage basin for
specific wetland functions.
(12) Mitigation Exceptions. Requirements for mitigation do not apply when a
wetland alteration is intended exclusively for the enhancement or restoration of
an existing regulated wetland, and the proposal will not result in a loss of
wetland function and value, subject to the following conditions:
(a) The enhancement or restoration project shall not be associated with a
development activity.
(b) A restoration plan shall be prepared and approved as described in
PMC 29.01.520 (12).
(13) Restoration. Restoration is required when a wetland or its buffer has been
altered in violation of SMP, Article V, Critical Areas. The following minimum
performance standards shall be met for the restoration of a wetland, provided
that if it can be demonstrated by the applicant that greater functional and habitat
values can be obtained, these standards may be modified:
(a) The original wetland configuration should be replicated, including depth,
width, and length at the original location.
(b) The original soil types and configuration shall be replicated.
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(c) The wetland, including buffer areas, shall be replanted with native
vegetation, which replicates the original species, sizes, and densities.
(d) The original functional values shall be restored, including water quality and
wildlife habitat functions.
(e) Required replacement ratios are shown in the Re-establishment or Creation
column of Table 29.01.520 (13), Wetland Mitigation Ratios (for Eastern
Washington).
(f) A restoration plan shall be prepared and approved prior to commencement
of restoration work. Such a plan shall be prepared by a qualified wetland
biologist and describe how the proposed actions meet the minimum
requirements described above. The Shoreline Administrator shall, at the
applicant's expense, seek expert advice in determining the adequacy of the
Restoration Plan. Inadequate plans shall be returned to the applicant for
revision and resubmittal.
(14) Wetland mitigation ratios are provided in the Table 29.01.520 (13).
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Table 29.01.520 (13): Wetland Mitigation Ratios (for Eastern Washington)
Category
impacted
wetland
Re -
establishment
or Creation'
Rehabilitation
Preservation°-s
Enhancements
Category IV
1.5:1
3:1
6:1
6:1
Category III
2:1
4:1
8:1
8:1
Category II
3:1
6:1
12:1
12:1
Category 1
4:1
8:1
16:1
16:1
Notes:
'Ratios reflect the amount of compensation:amount of impact.
'The category of impacted wetland is based on scores for functions. Compensation ratios in this table generally do
not apply when impacts involve a wetland whose category is based on special characteristics. Compensation ratios
and options for impacts to these types of wetlands are discussed in Chapters 613.5.1 to 613.5.8.
31f proposing to combine re-establishment or creation with other methods of compensation, see Chapter 613.4.2.
'All proposed preservation sites need to meet the preservation criteria listed in Chapter 5.2.3.1.
5Applicants proposing preservation only or enhancement only should also provide a Credit -Debit analysis. The
Credit -Debit analysis uses the Credit -Debit Method and includes the following: 1) Scoring Form(s) for wetland(s)
impacted (i.e., debits); 2) Scoring Form(s) for wetland(s) proposed as compensation (i.e., credits); 3) Debit
Worksheet(s); 4) Credit Worksheet(s); and 5) Summary of Credits and Debits.
Reference:
Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental
Protection Agency Region 10, April 2021. Wetland Mitigation in Washington State — Part 1: Agency Policies and
Guidance (Version 2). Washington State Department of Ecology Publication #21-06-003. Olympia, Washington.
E = Enhancement
R/C = Re-establishment or Creation
RH = Rehabilitation
29.01.530 Fish and Wildlife Habitat
(1) Purpose. The purpose of this section is to provide a framework to evaluate the
development, design, and location of buildings to ensure critical fish and
wildlife habitat with the shoreline jurisdiction is preserved and protected, in
order to ensure no net loss of ecological function and avoid habitat
fragmentation. These regulations seek to protect critical habitat areas so
populations of endangered, threatened, and sensitive species are given
consideration during the shoreline development review process.
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(2) Fish and Wildlife Habitat Area Designation and Classification Criteria:
(a) Fish and Wildlife Habitat Areas shall include the following:
Table 29.01.530 (2)(a): Criteria for Classification of Fish and Wildlife Habitat Areas
Habitat Area Characteristic/Classification
Source
(1)
Areas with which state or federally designated endangered,
WDFW, USFWS (NOAA)
threatened, and sensitive species have a primary association
(2)
Naturally occurring under 20 acres in size and their submerged aquatic
Ecology
beds that provide fish or wildlife habitat
(3)
Waters of the state classified as fish and wildlife habitats under the
Growth Management Act, RCW 36.70A, and WAC 365-190-080(5)(c)(v)
WDNR, Ecology, WDFW, affected
• Columbia River
Indian tribes
• Snake River
(4)
State Natural Area Preserves and Natural Resource Conservation
WDNR
Areas
(5)
Habitat areas of local importance as determined by resolution of the
WDFW
City Council.
(b) All areas within the City of Pasco's shoreline jurisdiction meeting one or
more of these criteria are hereby designated as critical areas and are subject
to the provisions of this section.
(c) Mapping information sources for identification of fish and wildlife habitat
conservation areas include, but are not limited to:
(i) WDFW Priority Habitat and Species maps.
(ii) Wetlands mapped under the National Wetland Inventory by the
U.S. Department of Interior; USFWS.
(iii) WDFW/WDNR, Washington Rivers Inventory System maps.
(iv) Maps and reference documents in the City of Pasco SMP
Inventory, Analysis, and Characterization Report, as applicable.
(3) Fish and Wildlife Habitat Area Rating. Fish and Wildlife Habitat Areas shall be
rated as Primary or Secondary according to the criteria in this section.
Table 29.01.530 (3): Classification by Fish and Wildlife Areas
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Habitat Area
Classification
I Source
Primary habitats are those areas that are valuable to fish and wildlife and support a wide
variety of species due to an undisturbed nature, diversity of plant species, and structure,
presence of water, or size, location or seasonal importance and which meet any of the
following qualifying criteria:
(1) The documented presence of species listed by the
federal government or State of Washington as
WDFW, USFWS (NOAA)
Primary Habitats
endangered, threatened, or sensitive.
(2) Those rivers identified as "Shorelines of the State"
under the City of Pasco Shoreline Master Program,
Ecology
and streams within the shoreline jurisdiction.
(3) Those wetlands identified as Category I Wetlands,
PMC 29.01.520 (3)
as defined in this title.
Wetland Rating (Classification)
Secondary habitats are those which are valuable to wildlife and support a wide variety of
Secondary Habitat
species due to: an undisturbed nature, diversity of plant species, structure, presence of
water, or size, location or seasonal importance but do not meet any of the qualifying
criteria listed in items 1 through 3 in the Primary Habitats above.
(4) Determination of Need for Fish and Wildlife Habitat Area Detailed Study:
(a) A Detailed Study shall be required for any activity that is within 200 feet
of a Fish and Wildlife Habitat Area.
(b) Due to the sensitive nature of certain species, the applicant shall notify the
City if the proposed activity will occur within 660 feet (1/8 of a mile) of a
Fish and Wildlife Habitat Area; the City may then contact appropriate
agencies and determine if a Detailed Study should be prepared, based on
the sensitivity of the site.
(c) The Shoreline Administrator shall require a Detailed Study of a habitat
area if the following indicators are present:
(i) The area is listed in the City's Critical Areas Map as a Fish and
Wildlife Habitat Area;
(ii) Documentation exists that shows that any of the classification
criteria listed in PMC 29.01.530 (3) are present, based on any of
the references listed in this section;
(iii) A qualified fish and wildlife biologist finds that habitat conditions
appropriate to meet one or more of the classification criteria listed
above in PMC 29.01.530 (3) exist; or
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(iv) The Shoreline Administrator possesses a reasonable belief that a
Fish and Wildlife Habitat may exist. Such reasonable belief shall
be supported by a site visit and subsequent consultation with a
qualified fish and wildlife biologist.
(5) Fish and Wildlife Habitat Area Detailed Study Requirements. If a Fish and
Wildlife Habitat Area Detailed Study is required, it shall include and/or meet
the following requirements in addition to the Basic Requirements identified in
PMC 29.01.510 (10).
(a) The Detailed Study shall be completed by a qualified Fish and Wildlife
biologist with expertise in assessing the relevant species and habitats.
Evidence of qualifications shall be provided with the Detailed Study.
(b) The site plan and map submitted shall be of a scale no smaller than
1 inch = 200 feet. The site plan shall indicate all Fish and Wildlife Habitat
Critical Areas, as determined by the criteria in PMC 29.01.530 (3), and
shall include the area within 200 feet of the subject property. The
applicant may prepare the site plan; however, it is subject to review by the
qualified fish and wildlife biologist. The extent and boundaries of the
habitat shall be determined by the qualified fish and wildlife biologist.
(c) A habitat description shall be included, including a habitat rating as
described in PMC 29.01.530 (3), and a statement of functions and values
providing information on the species in question and the associated plant
and animal communities. A complete list of species and special habitat
features shall be included.
(d) A regulatory analysis shall be included, including a discussion of any
federal, state, tribal, and/or local requirements or special management
recommendations developed specifically for species and/or habitats
located on the site.
(e) The proposed mitigation plan shall address how the proposed development
activity has been mitigated to avoid and minimize adverse impacts to the
habitat and shall follow the general mitigation plan requirements described
in PMC 29.01.530 (13).
(f) A statement of management and maintenance practices shall be included,
including a discussion of ongoing maintenance practices that will ensure
protection of all fish and wildlife habitat conservation areas on -site after
the project has been completed.
(g) Habitat and Buffer Recommendation.
(i) Riparian habitat areas: For the protection of habitat along rivers,
the buffer widths provided in Table 29.01.210 (2), Shoreline
Development Standards Matrix apply.
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(h) Habitats and species that have been identified as Priority Species or
Priority Habitats by the WDFW Priority Habitats and Species Program
should not be reduced and shall be preserved through regulation,
acquisition, incentives, and other techniques.
(6) Performance Standards Minimum Requirements. This section describes the
minimum performance standard requirements for habitat areas, including
riparian habitats, anadromous salmonids, and specific requirements for bald
eagle habitat areas.
(a) Riparian Habitats:
(i) Buffer Requirements. Native vegetation standard buffers for
activities occurring adjacent to streams within Fish and Wildlife
Habitat Areas shall be maintained. Buffer widths shall be based on
the extent of prior stream channel modification. Riparian buffers
are determined by whether or not a salmonid habitat is present.
(ii) The buffer distance from the OHWM are provided in
Table 29.01.210 (2), Shoreline Development Standards Matrix
apply.
(b) Bald Eagle Habitat. Bald eagle habitat shall be protected pursuant to the
Washington State Bald Eagle Protection Rules (WAC 232-12-292). A
Habitat Management Plan shall be developed by the applicant in
coordination with the WDFW whenever activities that alter habitat are
proposed near a verified nest territory or communal roost.
(c) Wetland Habitat. All habitat sites containing wetlands shall conform to the
wetland development performance standards set forth in PMC 29.01.520,
Wetlands, and shall conform to the wetland mitigation and restoration
provisions set forth in PMC 29.01.520 (9) through (13).
(d) Anadromous Salmonids:
(i) Activities, uses, and alterations proposed to be located in
waterbodies used by anadromous salmonids, or in areas that affect
such waterbodies, shall give special consideration to the
preservation and enhancement of anadromous salmonid habitat,
including, but not limited to, the following:
(A) Activities shall be timed to occur only during the allowable
work window, as designated by the WDFW;
(B) The activity is designed so that it will minimize the
degradation of the functions or values of the fish habitat or
other critical areas; and
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(C) Any impact on the functions and values of the habitat
conservation area are mitigated in accordance with an
approved Detailed Study.
(ii) Structures that prevent the migration of anadromous salmonids
shall not be allowed in the portion of the waterbodies currently
used by salmonids. Fish bypass facilities shall be provided that
allow the upstream migration of adult fish and prevent juveniles
migrating downstream from being trapped or harmed.
(iii) Fills waterward of the OHWM, when authorized, shall minimize
the adverse impacts on anadromous salmonids and their habitat,
shall mitigate any unavoidable impacts, and shall only be allowed
for water -dependent uses or for uses that enable public access or
recreation for significant numbers of the public.
(7) Buffer Width Modifications:
(a) Administrative Buffer Width Averaging. The required buffer widths
established in this SMP may be modified by the Shoreline Administrator
for a development on existing legal lots of record in place at the time of
adoption of this SMP, in accordance with the provisions of this section
only where the applicant demonstrates all of the following:
(i) Averaging is necessary to avoid an extraordinary hardship to the
applicant caused by circumstances peculiar to the property;
(ii) The designated buffer area contains variations in sensitivity to
ecological impacts due to existing physical characteristics or the
character of the buffer varies in slope, soils, or vegetation;
(iii) The total area contained within the buffer after averaging is no less
than that contained within the standard buffer prior to averaging;
(iv) The minimum buffer width at its narrowest point shall not be less
than 75% of the required buffer width established under this SMP;
and
(v) The buffer width averaging does not result in a net loss of
ecological function.
(b) Exception for Lots Adjacent to Pre -Existing Development. The required
Riparian buffer width listed above shall not apply in cases where the
adjacent pre-existing development (vested prior to the effective date of
this section) does not meet these established standards. In such cases, the
buffer may be reduced by one-third the difference between the required
buffer and the larger of the two adjacent buffers.
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Adjacency in this situation shall be defined as being within 50 feet of the
side property lines. If there is only clearing on one side of the proposed
activity within 50 feet of the side property line, then the buffer can be
reduced as described above.
(c) Shoreline Buffer Reductions. Shoreline buffers may be administratively
modified as outlined below:
(i) Where a legally established road or railway, or other type of
continuous development crosses or extends along a shoreline or
critical area buffer and is wider than 20 feet, the
Shoreline Administrator may approve a modification of the
minimum required buffer width to the waterward edge of the
improved continuous development provided the upland side of the
continuous development area:
(A) Does not provide additional protection of the shoreline
waterbody or stream; and
(B) Provides little (less than 20%) to no biological, geological,
or hydrological buffer functions relating to the riparian and
upland portions of the buffer.
(ii) Standard Buffer Reduction. Reductions of up to 75% of the
standard required buffer may be approved if the applicant
demonstrates to the satisfaction of the Shoreline Administrator that
a mitigation plan developed by a qualified professional pursuant to
PMC 29.01.510 (13) indicates that enhancing the buffer (by
removing invasive plants or impervious surfaces, planting native
vegetation, installing habitat features, or other means) will result in
a reduced buffer that functions at a higher level than the existing
standard buffer.
(8) Allowed uses in Fish and Wildlife Habitat Areas and stream buffers:
(a) Roads, bridges, and utilities. Road, bridge, and utility maintenance, repair,
and construction may be permitted across a Fish and Wildlife Habitat
Conservation Area and/or buffers under the following conditions:
(i) It is demonstrated to the Shoreline Administrator that there are no
alternative routes that can be reasonably used to achieve the
proposed development;
(ii) The activity will have minimum adverse impact to the Fish and
Wildlife Habitat Conservation Area;
(iii) The activity will not significantly degrade surface or groundwater;
and
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(iv) The intrusion into the Fish and Wildlife Habitat Conservation Area
and its buffers is fully mitigated to achieve no net loss of
ecological functions.
(b) Limited park or recreational access to a Fish and Wildlife Habitat Area
and/or stream buffers, provided that all of the following are satisfied:
(i) The access is part of a public park or a recreational resort
development that is dependent on the access for its location and
recreational function;
(ii) The access is limited to the minimum necessary to accomplish the
recreational function; and
(iii) The intrusion is fully mitigated to achieve no net loss of ecological
functions.
(c) Low -impact uses and activities that are consistent with the purpose and
function of the stream setback and do not detract from its integrity.
Examples of low -impact uses and activities include removal of noxious
vegetation and stormwater management facilities such as grass -lined
swales.
(9) Additional Protection Measures:
(a) Temporary and permanent erosion and sedimentation controls shall be
provided to prevent the introduction of sediments or pollutants to
waterbodies or watercourses within the habitat area.
(b) Clearing and grading shall be limited to that necessary for establishment
of the use or development and shall be conducted to avoid significant
adverse impacts and minimize the alteration of the volume, rate, or
temperature of freshwater flows to or within the habitat area and any
buffer required by this section.
(c) The proposed development shall not discharge hazardous substances to the
habitat area that would have significant adverse impacts on that area.
(d) Stream flows shall be protected from changes to the normal flow,
temperature, turbidity, and discharge to the maximum extent practicable.
(e) Septic drainfields and any required replacement drainfield area shall be at
least 100 feet from the edge of any habitat area.
(f) Exceptions to the above protection standards may be allowed by the
Shoreline Administrator based on a special report prepared by a
Qualified Biological Professional that demonstrates that such exception
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would not adversely impact the habitat system, functions, and values of
the habitat area.
(g) Activities may only be permitted in a stream or stream buffer if the
applicant can show that the proposed activity will not degrade the
functions and values of the stream, stream buffer, or other critical area.
(h) Stream Crossings. Stream crossings shall be minimized, but when
necessary, they shall conform to the applicable provisions of this SMP and
other laws (see WDFW or Ecology).
(i) Stormwater conveyance facilities. Stormwater conveyance facilities may
be permitted, provided that they are only located in the buffer when no
practicable alternative exists outside the buffer. Stormwater facilities shall
be planted with native plantings where feasible to provide habitat, and/or
less intrusive facilities should be used.
(j) Floodway-dependent Structures. Floodway-dependent structures or
installations may be permitted within streams or their buffers if allowed or
approved by other ordinances or other agencies with jurisdiction. See
PMC 29.01.550, Flood Hazard Areas, for more information on allowed
uses and activities within flood hazard areas.
(k) Trails. The criteria for alignment, construction, and maintenance of trails
within wetlands and their buffers shall apply to trails within stream
buffers. Outer buffer trails may not exceed 20 feet in width and may be
constructed with impermeable surface materials if on -site infiltration is
utilized.
(1) Utilities. The criteria for alignment, construction, and maintenance within
the wetland buffers and PMC 29.01.460, Utilities, shall apply to utility
corridors within stream buffers. In addition, corridors shall not be aligned
parallel with any stream channel unless the corridor is outside the buffer,
and crossings shall be minimized. Installation shall be accomplished by
boring beneath the scour depth and hyporheic zone of the waterbody
where feasible. Crossings shall be contained within the existing footprint
of an existing or new road or utility crossing where possible. Otherwise,
crossings shall be at an angle greater than 60 degrees to the centerline of
the channel. The criteria for stream crossings shall also apply.
(m) Native vegetation landscaping schemes shall be provided that do not
require application of herbicides, pesticides, or fertilizer to maintain robust
growth.
(n) No net -effective impervious surfaces may be created in the outer buffer
area beyond what is otherwise permitted.
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(o) No structures or related improvements, including buildings or decks, shall
be permitted within the stream buffer, except as otherwise allowed in
PMC 29.01.510, General Provisions, or in this SMP.
29.01.540 Aquifer Recharge Areas
(1) Purpose. The purpose and intent of this section is to safeguard groundwater
resources within the shoreline jurisdiction from hazardous substance and
hazardous waste pollution by controlling or abating future pollution from new
land uses or activities.
(2) Aquifer Recharge Area Designation Criteria:
(a) Aquifer recharge areas shall be classified as following:
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Table 29.01.540 (2)(a): Designation of Aquifer Recharge Areas
Aquifer Recharge Area Characteristic/Designation
Source
(1)
Wellhead Protection Areas pursuant to WAC 246-290
WA Department of Health,
US Environmental Protection Agency
(2)
Areas designated for special protection pursuant to a groundwater
management program, RCW 90.44, 90.48, and 90.54 and
Ecology
WAC 173-100 and 173-200
(3)
Areas overlying unprotected aquifers. Such aquifers shall be
USGS, WDNR
identified through any existing competent hydrogeologic study
(4)
Areas within identified unprotected aquifers but possessing the
following characteristics:
• Slopes less than 15%
WDFW
• Coarse alluvium or sand and gravel in the soil profile and no
known impermeable layers
(b) Any project area located within 200 feet of an area meeting the aquifer
designation or soil classification criteria, or mapped as such, shall be
treated as if it is located within the mapped area.
(c) All areas within the City of Pasco meeting these criteria, regardless of the
presence or lack of any formal identification as such, are hereby
designated as critical areas and are subject to the provisions of this Title.
(3) Aquifer Recharge Area Classification:
(a) Aquifer recharge areas are classified as high, moderate, or low
significance aquifer recharge areas according to the following criteria:
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Table 29.01.540 (3)(a): Classification of Aquifer Vulnerability
Vulnerability Classification
Documentation and Data Sources
High Vulnerability
High significance aquifer recharge areas are areas with slopes of less than
15% underlain by coarse alluvium or sand and gravel
Moderate significance aquifer recharge areas are:
Moderate Vulnerability
(1) Areas with slopes of less than 15% underlain by fine alluvium, silt,
clay, glacial till, or deposits from the electron mudflow
(2) Areas with slopes of 15% to 30% underlain by sand and gravel
Moderate significance aquifer recharge areas are:
Low Vulnerability
(1) Areas with slopes of 15% to 30% underlain by silt, clay, or glacial till
(2) Areas with slopes greater than 30%
(4) Determination of Need for Aquifer Recharge Detailed Study:
(a) The following information resources shall be utilized along with other
documentation where noted:
(i) Studies from the USGS.
(ii) City of Pasco Wastewater Facility Plan.
(iii) Soil Survey for Franklin County (Conservation District).
(b) Requirements for High Significance Aquifer Recharge Area. An Aquifer
Recharge Area Detailed Study shall be required for any activity occurring
on or adjacent to a site that is, or contains, a High Significance Aquifer
Recharge Area if the activity involves one or more of the following uses:
(i) Hazardous substance processing or handling;
(ii) Hazardous waste treatment and storage facility;
(iii) Disposal of on -site sewage for subdivisions, short plats, and
commercial and industrial sites; or
(iv) Landfills.
(5) Aquifer Recharge Area Detailed Study. When required as described in
PMC 29.01.540 (4), an Aquifer Recharge Area Detailed Study shall meet the
following requirements:
(a) The Detailed Study shall be prepared by qualified professional with
experience in preparing hydrogeologic assessments. Evidence of these
qualifications shall be provided with the Detailed Study.
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(b) The Detailed Study shall contain a map, of a scale no smaller than 1 inch =
200 feet, of the site and the extent of the High Significance Aquifer
Recharge Area as determined by the criteria in PMC 29.01.540 (2).
(c) The Detailed Study shall contain a hydrogeologic assessment, including,
at a minimum:
(i) Information sources;
(ii) Geologic setting;
(iii) Background water quality;
(iv) Location of, and depth to, water tables;
(v) Recharge potential of the facility site;
(vi) Groundwater flow direction and gradient;
(vii) Currently available data on wells within 1,000 feet of the site;
(viii) Currently available data on springs within 1,000 feet of the site;
(ix) Surface water location and recharge potential;
(x) Water source supply to the activity (e.g., high capacity well);
(xi) Any sampling schedules necessary;
(xii) Discussion of the effects of the proposed project on the
groundwater resource; and
(xiii) Other information as may be required by the Town.
(d) The Detailed Study shall include a mitigation plan detailing how the
activity will offset any impact on the resource and control risk of
contamination to the aquifer.
(6) Aquifer Recharge Area Detailed Study Special Exemptions. In addition to the
exemptions listed in PMC 29.01.510 (3) and 29.01,770, Exemptions for
Shoreline Substantial Development Permits, sewer lines and appurtenances shall
be exempt from the requirement to prepare an Aquifer Recharge Area Detailed
Study.
(7) Performance Standards Basic Requirements:
(a) Any activity listed in PMC 29.01.540 (4)(b) may only be permitted in a
High Significance Aquifer Recharge Area if the Detailed Study documents
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that the activity does not pose a threat to the aquifer system and the
proposed activity will not cause contaminants to enter the aquifer.
(b) All activities located in an Aquifer Recharge Area shall minimize the
creation of impervious surfaces to the extent practicable without creating a
greater risk to the aquifer recharge area.
(8) Storage Tanks. All Storage tanks located in an Aquifer Recharge Area must
conform to the following requirements. Ecology also regulates and authorizes
permits for underground storage tanks (WAC 173-360).
(a) Underground Tanks. All new underground storage facilities used or to be
used for the underground storage of hazardous substances or hazardous
wastes shall be designed and constructed so as to:
(i) Prevent releases due to corrosion or structural failure for the
operational life of the tank;
(ii) Be protected against corrosion, constructed of noncorrosive
material, steel clad with a noncorrosive material, or designed to
include a secondary containment system to prevent the release or
threatened release of any stored substances; and,
(iii) Use material in the construction or lining of the tank that is
compatible with the substance to be stored.
(b) Aboveground Tanks:
(i) No new aboveground storage facility or part thereof shall be
fabricated, constructed, installed, used, or maintained in any
manner which may allow the release of a hazardous substance to
the soil, groundwater, or surface waters within an
Aquifer Recharge Area.
(ii) No new aboveground tank or part thereof shall be fabricated,
constructed, installed, used, or maintained without having
constructed around or under it an impervious containment area
enclosing or underlying the tank or part thereof.
(iii) New aboveground tanks will require a secondary containment
system, either built into the tank structure or a dike system built
outside the tank, for all tanks located within an aquifer recharge
area.
29.01.550 Flood Hazard Areas
(1) Purpose. The purpose of this section is to promote the public health, safety, and
welfare of the community by recognizing potential hazards that may be caused
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by development in areas where severe flooding is anticipated to occur. The
intent of this section is to assist with minimizing public and private losses due to
flood hazards by avoiding development in hazard areas within the shoreline
jurisdiction and or implementing protective measures contained in this SMP.
(2) Classification. The following categories of frequently flooded areas are
established for the purposes of classification:
(a) Floodway. Floodways are defined as the channel of a stream and adjacent
land areas, which are required to carry and discharge flood waters or flood
flows of any river or stream associated with a regulatory flood.
(b) Special Flood Hazard Areas. The area adjoining the floodway, which is
subject to a 1 % or greater chance of flooding in any given year and
determined by the Federal Insurance Administration.
(c) Floodplain. The floodway and special flood hazard areas.
These flood areas have been delineated based on studies completed by FEMA for
the national Flood Insurance Program.
(3) Designation:
(a) All areas within the City meeting the frequently flooded designation
criteria of PMC 29.01.550 (2) are hereby designated critical areas and are
subject to the provisions of this section.
(b) The approximate location and extent of frequently flooded areas are
shown on the Flood Insurance Rate Maps (FIRMs) prepared for the City
of Pasco and Franklin County by FEMA, as part of the National Flood
Insurance Program.
(4) Management. Title 16 (Buildings and Construction) and Chapter 24.20
(Flood Hazard Protection) of the PMC regulate proposed activities in all areas
of special flood hazards. If allowed, any structures permitted in the designated
flood areas are subject to the flood -proofing regulations provided in Title 16 and
Chapter 24.20.
(5) Floodways. Special flood hazard areas established in this section are areas that
are extremely hazardous due to the velocity of flood waters, which carry debris,
potential projectiles, and erosion potential. The following provisions apply to
special flood hazard areas:
(a) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that
encroachments shall not result in an increase in flood levels during the
occurrence of the base flood discharge.
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(b) If PMC 29.01.550 (5)(a) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of PMC 24.20.
29.01.560 Geologic Hazard Areas
(1) Purpose. The purpose of this section is to reduce the threats to public health and
safety posed by geologic hazards within the shoreline jurisdiction. The intent is
to reduce incompatible development in areas of significant geologic hazard.
Development incompatible with geologic hazards may not only place itself at
risk, but also may increase the hazard to surrounding development. Some
geologic hazards can be reduced or mitigated by engineering, design, or
modified construction or altering mining practices so risks to health and safety
are minimized. When technology cannot reduce the risks to acceptable levels,
development in the hazard area is best to be avoided.
(2) Geologic Hazard Area Designation. Geologic hazard areas within the City are
those areas that are susceptible to significant erosion, landslide, flood hazards,
seismic hazards, and surface mine collapse hazards. All areas within the City of
Pasco meeting the criteria described in PMC 29.01.560 (3) for known or
suspected risk or unknown risk, regardless of the presence or lack of any formal
identification as such, are designated as critical areas and are subject to the
provisions of this section.
(a) Volcanic Hazards. The GMA requires that volcanic hazards be addressed
in local Critical Area Regulations. However, since no volcanic hazards
exist in the City area, no volcanic hazards regulations are needed.
(b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions
are regulated by PMC 29.01.550 and the City of Pasco Flood Plain
regulations (PMC Title 24) which regulates those areas identified and
classified by the FEMA on their Flood Hazard Boundary/Flood Insurance
Rate Maps.
(3) Geologic Hazard Area Classification and Designation Criteria:
(a) Geologic hazard area classification criteria are listed in the table below,
along with the source agencies that provide the guidelines for
classification and designation:
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Table 29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas
Hazard Area
Classification and Designation
Source
(1) Erosion Hazard
Areas
(a) Areas with soil type possessing erosion hazard of
"moderate to severe," "severe," or "very severe."
(Classification based on both soil type and slope)
NRCS
(a) Areas with slopes of 30% or greater slope and with a
vertical relief of 10 or more feet;
NRCS
(b) Areas with slopes steeper than 15% on hillsides
intersecting geologic contacts with a relatively
permeable sediment overlying a relatively
NRCS
impermeable sediment or bedrock where springs or
groundwater seepage is present;
(c) Areas with slopes parallel or sub -parallel to planes of
weakness in subsurface materials (e.g., bedding
NRCS
planes, joint systems, and fault planes);
(d) Areas with slopes having gradients steeper than 80%
subject to rockfall during seismic shaking;
NRCS
(e) Alluvial fans or canyon bottoms presently or
(2) Landslide Hazard
Areas
potentially subject to inundation by debris flows or
NRCS
catastrophic flooding;
(f) Areas that have shown movement during the
Holocene epoch or which are underlain or covered by
NRCS
wastage debris of this epoch;
(g) Evidence of or risk from snow avalanches;
NRCS
(h) A "severe" limitation for building site development
due to slope conditions;
NRCS
(i) Areas of historic failure such as areas designated as
quaternary slumps, earthflows, mudflows, lahars, or
USGS, WDNR, or
landslides on maps or technical reports (e.g.,
other government
topographic or geologic maps, or other authorized
agencies
documents).
(a) Areas potentially unstable as a result of rapid stream
(3) Flood Hazard Areas
incision, stream bank erosion, and Undercutting by
PMC Title 24
wave action shall be addressed as a flood hazard
Note:
NRCS = U. S. Department of Agriculture, Natural Resource Conservation Service
(4) Geologic Hazard Area Rating Criteria. All areas within the City shall be
classified by the following risk categories for each geologic hazard type:
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Table 29.01.560 (4): Rating of Geologic Hazard Risk
Risk Classification
Documentation and Data Sources
Known or Suspected Risk
Documentation or projection of the hazard by a qualified expert exists
No Risk
Documentation or projection of the lack of a hazard by a qualified expert exists
Risk Unknown
Data are not available to determine the presence or absence of a geologic hazard
(5) Determination of Need for Geologic Hazard Area Detailed Study. A
Geologic Hazard Area Detailed Study of a geologic hazard area shall be
required if the following indicators are present:
(a) If the project area is listed in the City of Pasco Critical Areas Map as
possessing either a Known or Suspected Risk for erosion, landslide, flood,
seismic, or mine hazard.
(b) If the project area is listed in the City of Pasco Critical Areas Map as
possessing an Unknown Risk for erosion, landslide, flood, seismic, or
mine hazard if any of the following are identified by the applicant or City:
(i) A qualified geologist finds that any of the following exist:
evidence of past significant events of the hazard in question on or
adjacent to the site; the presence of necessary and sufficient factors
for events of the hazard in question on or adjacent to the site; or
reasonable uncertainty concerning the hazard the potential for
significant risk to or from the proposed activity; or
(ii) The Shoreline Administrator possesses a reasonable belief that a
geologic hazard may exist. Such reasonable belief shall be
supported by a site visit and subsequent consultation with a
qualified geologist.
(6) Geologic Hazard Area Detailed Study Requirements. The minimum
requirements for a Geologic Hazard Area Detailed Study include the following
in addition to the Basic Requirements identified in PMC 29.01.510 (10):
(a) Basic Requirements. A Geologic Hazard Area Detailed Study shall meet
the following:
(i) The Detailed Study shall be prepared by a qualified professional
engineer or geologist. Evidence of qualifications shall be provided
with the Detailed Study.
(ii) A map, of a scale no smaller than 1 inch = 200 feet, of the site and
the extent of the geologic hazard area as determined by the criteria
in PMC 29.01.560 (3).
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(iii) An assessment of the geologic characteristics and engineering
properties of the soils, sediments, and/or rock of the subject
property and potentially affected adjacent properties, and a review
of the site history regarding landslides, erosion, and prior grading.
The Study shall include a soils analysis consistent with the
accepted regional taxonomic classification system, and a
description of the vulnerability of the site to seismic events.
Documentation of data and methods shall be included.
(iv) A geotechnical analysis, including a detailed description of the
proposed project, its relationship to the geologic hazard(s), and its
potential impact upon the hazard area, the subject property and
affected adjacent properties shall be included.
(v) A mitigation plan, if appropriate, prepared by a professional
engineer or geologist under the supervision of a professional
engineer qualified to prepare a Detailed Study. The mitigation plan
shall include a discussion on how the project has been designed to
avoid and minimize the impacts discussed in the geotechnical
analysis (see mitigation standards provided in PMC 29.01.510
(13)). The plan shall make a recommendation for the minimum
building setbacks from any geologic hazard based on the
geotechnical analysis. The plan shall also address the potential
benefit of mitigation on the hazard area, the subject property, and
affected adjacent properties.
(vi) Where more than one geologic hazard exists within, adjacent to,
impacts, or is impacted by the activity site, then only one Detailed
Study is required to be completed to conduct a geologic hazard
Critical Area Review of the activity. The Critical Area Review
report shall meet all of the requirements of each critical area type,
but may present a unified mitigation plan.
(vii) Where a valid geotechnical report has been prepared within the last
5 years for a specific site, and where the proposed land use activity
and surrounding site conditions are unchanged, said report may be
incorporated into the Detailed Study. The applicant shall submit a
geotechnical assessment detailing any changed environmental
conditions associated with the site.
(b) Erosion and Landslide Hazard Areas. In addition to the requirements of
PMC 29.01.560 (6)(a), an Erosion Hazard or Landslide Hazard Area
Detailed Study must also meet the following requirements:
(i) The map shall depict the height of slope, slope gradient, and cross
section of the site. The site plan shall also include the location of
springs, seeps, or other surface expressions of groundwater. The
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Site Plan shall also depict any evidence of surface or stormwater
runoff.
(ii) A description of load intensity, including surface and groundwater
conditions, public and private sewage disposal systems, fills and
excavations, and all structural development.
(iii) An estimate of slope stability and the effect construction and
placement of structures will have on the slope during the estimated
life of the structure.
(iv) An estimate of the bluff retreat rate that recognizes and reflects
potential catastrophic events such as seismic activity or a 100-year
storm event.
(v) An assessment describing the extent and type of vegetative cover.
(vi) The geotechnical analysis shall specifically include:
(A) Slope stability studies and opinion(s) of slope stability;
(B) Proposed angles of cut and fill slopes and site grading
requirements;
(C) Structural foundation requirements and estimated
foundation settlements;
(D) Soil compaction criteria;
(E) Proposed surface and subsurface drainage;
(F) Lateral earth pressures;
(G) Vulnerability of the site to erosion;
(H) Suitability of on -site soil for use as fill; and,
(I) Building limitations.
(vii) Mitigation proposals shall include the location and methods of
drainage, surface water management, locations, and methods of
erosion control, a vegetation management and/or restoration plan,
and/or other means for maintaining long-term stability of slopes.
(c) Flood Hazard Areas. Flood Hazard Areas are addressed through
PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain
regulations (PMC Title 24). If evidence exists that the proposed
development area is subject to flood hazards that are not indicated on the
City's Flood Hazard Boundary Maps, and site characteristics do not
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warrant an Erosion or Landslide Hazard Detailed Study, the City may
require additional analysis and preparation of a mitigation plan to
determine if the site is suitable for development.
(d) Seismic Hazard Areas. In addition to the Basic Requirements
PMC 29.01.560 (6)(a)), a Detailed Study for a seismic hazard critical area
shall also meet the following requirements:
(i) The site map shall show all known and mapped faults in the project
vicinity.
(ii) The geotechnical analysis shall include a complete discussion of
the potential impacts of seismic activity reasonably probable on the
site (e.g., forces generated and fault displacement).
(e) Mine Hazard Areas. In addition to the Basic Requirements
PMC 29.01.560 (6)(a), a Detailed Study for a mine hazard critical area
shall also meet the following requirements:
(i) The site plan shall delineate the existence of mine workings
adjacent to or abutting the site, or nearby mine workings, which
may impact the site; and
(ii) The geotechnical analysis shall include a discussion of the
potential for subsidence on the site.
(f) Volcanic Hazard Areas. The City is located in an area of minimal risk
from Volcanic Hazard Areas.
(7) Performance Standards Minimum Requirements. This section describes the
minimum performance standard requirements for Geologic Hazard Areas.
(a) Basic Requirements:
(i) Alteration of geologic hazard critical areas is permitted only if the
development proposal can be designed so the hazard to the project
and any increase of hazard to adjacent property is eliminated or
mitigated, and the development proposal on the site is certified as
safe by a geotechnical engineer licensed in the State of
Washington.
(ii) All proposals involving excavations and placement of fills shall be
subject to structural review under Chapter 33, Site Work,
Demolition and Construction, of the most current International
Building Code.
(iii) Essential public facilities as defined by RCW 36.70A.200 shall not
be sited within designated geologic hazard areas.
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(b) Erosion and Landslide Hazard Areas. Activities on sites containing
landslide or erosion hazards shall also meet the following requirements:
(i) Alterations of the buffer and/or geologic hazard area may only
occur for activities meeting the following criteria:
(A) No reasonable alternative exists; and
(B) A geotechnical report is submitted and certifies that:
• The development will not significantly increase
surface -water discharge or sedimentation to adjacent
properties beyond pre- development conditions;
• The development will not decrease slope stability on
adjacent properties; and
That such alterations will not adversely impact other
critical areas.
(ii) A temporary Erosion and Sedimentation Control Plan, prepared in
accordance with the requirements of the standard specification of
the City of Pasco.
(iii) A drainage plan for the collection, transport, treatment, discharge
and/or recycle of water in accordance with the standard
specification of the City of Pasco.
(iv) Surface drainage shall not be directed across the face of a landslide
hazard area (including riverine bluffs or ravines). If drainage must
be discharged from the hazard area into adjacent waters, it shall be
collected above the hazard and directed to the water by a tight line
drain and provided with an energy dissipating device at the point
of discharge.
(v) All infiltration systems, such as stormwater detention and retention
facilities, and curtain drains utilizing buried pipe or French drain,
are prohibited in landslide hazard areas and their buffers unless a
geotechnical report indicates such facilities or systems or the
failure of the same will not affect slope stability and the systems
are designed by a licensed civil engineer.
(vi) A minimum standard buffer width of 30 feet shall be established
from the top, toe, and all edges of landslide and erosion hazard
areas. Existing native vegetation shall be maintained. The buffer
may be reduced to a minimum of 10 feet when an applicant
demonstrates the reduction will adequately protect the proposed
development, adjacent developments and uses, and the subject
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critical area. The buffer may be increased by the
Shoreline Administrator for development adjacent to a river bluff
or ravine, or in other areas that circumstances may warrant, where
it is determined a larger buffer is necessary to prevent risk of
damage to proposed and existing development as in the case where
the area potentially impacted by a landslide exceeds 30 feet.
(vii) On -site sewage disposal systems, including drain fields, shall be
prohibited within landslide and erosion hazard areas and related
buffers.
(viii) Development designs shall meet the following basic requirements,
unless it can be demonstrated that an alternative design provides
greater long-term slope stability while meeting all other criteria of
this section. The requirement for long-term slope stability shall
exclude designs that require periodic maintenance or other actions
to maintain their level of function. The basic development design
standards are:
(A) Structures and improvement shall be clustered to retain as
much open space as possible and to preserve the natural
topographic features of the site.
(B) Structures and improvements shall conform to the natural
contour of the slope, and foundations shall be tiered where
possible to conform to existing topography.
(C) Structures and improvements shall be located to preserve
the most critical portion of the site and its natural landforms
and vegetation.
(D) The use of retaining walls that allow the maintenance of
existing natural slope area is preferred over graded artificial
slopes.
(E) All development shall be designed to minimize impervious
lot coverage.
(c) Flood Hazard Areas. Activities in flood hazard areas shall comply with
PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain
regulations (PMC Title 24).
(d) Seismic Hazard Areas. Activities on sites containing seismic hazards shall
also meet the following requirements:
(i) Mitigation is implemented, which reduces the seismic risk to a
level equivalent to that which the activity would experience if it
were not located in a seismic hazard area.
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(ii) Structural development proposals shall meet all applicable
provisions of Chapter 16 of the most current addition of the
International Building Code (Structural Forces/Structural Design
Requirements).
(iii) No residential structures or Essential Public Facility shall be
located on a Holocene fault line as indicated by USGS
investigative maps and studies.
(e) Mine Hazard Areas. Activities on sites containing mine hazards shall also
meet the following requirements:
(i) Mitigation is implemented which reduces the risk from mine
hazards to a level equivalent to that which the activity would
experience if it were not located in a mine hazard area.
(f) Volcanic Hazard Areas. No additional requirements.
(8) Long-term Mitigation and Restoration Standards:
(a) The mitigation plan shall specifically address how the activity maintains
or reduces the pre-existing level of risk to the site and adjacent properties
on a long-term basis (equal to or exceeding the projected lifespan of the
activity or occupation). Mitigation techniques providing long-term hazard
reduction are those that do not require periodic maintenance or other
actions to maintain their function.
(b) Mitigation may be required to avoid any increase in risk above the
pre-existing conditions following abandonment of the activity.
(c) Any required restoration shall meet the long-term hazard reduction
standards. In the case of restoration, long-term shall be defined as the
equivalent of natural function.
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Article VI. Existing Uses, Structures, and Lots
29.01.600 Applicability
(1) All nonconformances in shoreline jurisdiction shall be subject to the provisions
of this article. For nonconformance of use, structures, and lots within shoreline
critical areas, PMC 29.01, Article V, Critical Areas, applies. When there is a
conflict between this Section and the Critical Area Section as applicable to
critical areas, the more restrictive standards shall apply.
(2) The provisions of this SMP do not supersede or relieve a property owner from
compliance with:
(a) The requirements of the International Building and Fire Codes; or
(b) The provisions of the SMP beyond the specific nonconformance addressed
by this section.
(3) A change in the required permit review process (e.g., Shoreline Substantial
Development Permit versus a Shoreline Special Use Permit) shall not create a
nonconformance.
(4) Any nonconformance that is brought into conformance for any period of time
shall forfeit status as nonconformance, except as specified in PMC 29.01.610,
Nonconforming Uses.
(5) A nonconforming lot, use, or structure may be deemed legally nonconforming
by providing documentation that the use in question occurred prior to the
effective date of this SMP, from two of the following:
(a) Local agency permit;
(b) Orthophotograph, aerial photograph, or planimetric mapping recognized
as legitimate by the agency; or
(c) Tax record.
29.01.610 Nonconforming Uses
(1) If, at the effective date of the SMP and any amendment thereto, a lawful use of
land exists that is made no longer permissible under the terms of this SMP, or
amendments thereto, such use may be continued as a nonconforming use so
long as it remains otherwise lawful subject to the following conditions:
(a) No nonconforming use shall be intensified, enlarged, increased, or
extended to occupy a greater area of land than was occupied on the
effective date of the SMP or the amendment that made the use no longer
permissible. Provided that a nonconforming use may be enlarged,
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increased, or extended in conformance with applicable bulk and
dimensional standards of this SMP upon approval of a Shoreline Special
Use Permit.
(b) No nonconforming use shall be moved in whole or in part to any other
portion of the lot that contains the nonconforming use.
(c) If any nonconforming use of land ceases for any reason for a period of
1 year or more, any subsequent use of such land shall conform to the
regulations specified by this SMP for the use environment in which such
land is located.
(d) A structure, which is being or has been used for a nonconforming use,
may be used for a different nonconforming use only upon a finding that:
(i) No reasonable alternative conforming use is practical;
(ii) The proposed use is equally or more appropriate to the shoreline
environment than the existing nonconforming use, and is at least as
consistent with the policies and provisions of the act and the SMP;
and
(iii) Such a change of use shall be subject to a Shoreline Special Use
Permit approval. Conditions may be attached to the permit as are
deemed necessary to ensure compliance with the above findings
and the requirements of the SMP and the SMA, and to ensure the
use will not become a nuisance or a hazard.
29.01.620 Nonconforming Structures
(1) If, at the effective date of the SMP or any amendment thereto, a lawful structure
or other improvement exists, which is made no longer permissible under the
terms of this SMP or amendment thereto, such structure or other improvement
may be continued as a nonconforming structure or other improvement so long
as it remains otherwise lawful, subject to the following conditions:
(a) No nonconforming structure or other improvement shall be altered or
changed in a way which increases its nonconformity except as allowed in
PMC 29.01.620 (1)(b).
(b) Expansions of structures that are nonconforming with respect to a required
shoreline buffer:
(i) May not encroach any farther waterward into the required
shoreline buffer.
(ii) Expansions parallel to or landward of shoreline may be allowed
provided that said enlargement does not increase the extent of
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nonconformity by farther encroaching upon or extending into areas
where construction or use would not be allowed for new
development or uses.
(c) All expansion, extension, maintenance, or repair activities of
nonconforming structures or improvements shall be consistent with all
other provisions of this SMP, provided the cumulative cost of such
maintenance or repair shall not exceed 20% of the assessed valuation of
such building, structure, or land (as applicable) at the time such
maintenance is completed.
(d) When damaged, a nonconforming structure may be restored to the
configuration existing immediately prior to the time that the structure was
damaged, provided that:
(i) The structure is damaged to an extent not exceeding 50% of the
replacement cost of the original development.
(ii) The applicant applies for permits needed to restore the
development within 6 months of the date the damage occurred.
(iii) Reconstruction is started within 12 months and is completed within
24 months of the date of damage, unless an extension of time is
granted by the Shoreline Administrator upon written petition
substantiating to the satisfaction of the Administrator due cause for
such extension.
(iv) The degree of the nonconforming use, building, or structure is not
increased.
(e) Nothing in this section will prohibit vertical expansion up to the height
allowed in the applicable use environment, provided all other applicable
requirements of City's development regulations are met.
(f) Upkeep, repairs, and maintenance of a nonconforming structure or other
improvement shall be permitted.
(2) Should such structure or other improvement be moved for any reason for any
distance, it shall thereafter conform to the regulations for the use environment in
which it is located. Conformance shall be required when:
(a) A change of use is proposed;
(b) The use is terminated or discontinued for more than one year, or the
structure(s) that houses the use is vacated for more than one year; or
(c) The structure(s) or activity that occurs on the land in which the use is
conducted is proposed for relocation.
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(3) Residential structures and appurtenant structures that were legally established
and are used for a conforming use, but that do not meet standards for the
following, shall be considered a conforming structure: setbacks, buffers, or
yards; area; bulk; height; or density.
(4) For purposes of this section, "appurtenant structures" refer to garages, sheds,
and other legally established structures. Appurtenant structures do not include
bulkheads and other shoreline modifications or overwater structures.
(1) 29.01.630 Nonconforming LotsA nonconforming lot may be developed if
permitted by other land use regulations of the local government and so long as
such development conforms to all other requirements of the applicable master
program and the act.
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Article VI1. Administration and Enforcements
29.01.700 Roles and Responsibilities
(1) Shoreline Administrator:
(a) The Community and Economic Development Director of the City of Pasco
or his/her designee shall serve as the Shoreline Administrator. The
Shoreline Administrator shall issue written Shoreline Exemptions as
appropriate, and in the case of a Shoreline Substantial Development
Permit grant or deny the permit. The Shoreline Administrator shall
administer the shoreline permit and notification systems and shall be
responsible for coordinating the administration of shoreline regulations
with zoning enforcement, building permits, and all other regulations
regarding land use and development in the City.
(b) The Shoreline Administrator shall be familiar with regulatory measures
pertaining to shorelines and their use, and, within the limits of his or her
authority, shall cooperate in the administration of these measures. Permits
issued under the provisions of this shoreline regulation shall be
coordinated with other applicable land use and development regulatory
measures of the City. The Shoreline Administrator shall establish
procedures that advise all parties seeking building permits or other
development authorization of the need to consider possible shoreline
applications. It is the intent of City, consistent with its regulatory
obligations, to simplify and facilitate the processing of
Shoreline Substantial Development Permits.
(c) The Shoreline Administrator shall ensure proposed regulatory or
administrative actions do not unconstitutionally infringe upon private
property rights. Shoreline goals and policies should be pursued through
the regulation of development of private property only to an extent that is
consistent with all relevant constitutional and other legal limitations
(where applicable, statutory limitations such as those contained in
RCW 82.02 and RCW 43.21 C.060) on the regulation of private property.
(d) The Shoreline Administrator shall apply PMC 29.01.500, Critical Areas.
(2) Hearing Examiner:
(a) The Hearing Examiner shall have the authority to decide on appeals from
administrative decisions issued by the Shoreline Administrator of this
SNIP.
(b) The Hearing Examiner may grant or deny Shoreline Variances following a
public hearing.
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(3) Planning Commission:
(a) The Planning Commission is vested with the responsibility to review the
SMP as part of regular SMP updates required by RCW 90.58.080 as a
major element of the City's planning and regulatory program and make
recommendations for amendments thereof to the City Council.
(b) The Planning Commission reviews Shoreline Special Use Permits,
following an open record hearing, and sends a recommendation to the
City Council.
(4) City Council. The City Council is vested with authority to:
(a) Initiate an amendment to this SMP according to the procedures prescribed
in WAC 173-26-100.
(b) Adopt all amendments to this SMP, after consideration of the
recommendation of the Planning Commission. Substantive amendments
shall become effective immediately upon adoption by Ecology.
(c) Approve or deny all shoreline Special Use Permits forwarded by the
Planning Commission pursuant to PMC 25.86.090.
(d) Conducts closed record appeal of any recommendation of the
Planning Commission pursuant to PMC 25.86.080.
(e) Decide on appeals from the administrative decisions issued by the
Shoreline Administrator.
29.01.710 Interpretation
(1) Under the administrative provisions, the Shoreline Administrator shall have
authority to interpret this SMP, when such interpretation is clearly consistent
with the goals and policies of this SMP and the SMA.
(2) The Shoreline Administrator shall consult with Ecology if formal written
interpretations are developed as a result of a lack of clear guidance in the SMA,
the SMP guidelines, or this SMP to ensure any are consistent with the purpose
and intent of RCW 90.58 and 173-26 WAC.
29.01.720 Statutory Noticing Requirements
(1) At a minimum, the Shoreline Administrator shall provide notice in accordance
with WAC 173.27-110 and may provide for additional noticing requirements.
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29.01.730 Application Requirements
(1) A complete application for a Shoreline Substantial Development,
Shoreline Special Use, or Shoreline Variance Permit shall contain, at a
minimum, contain the information listed in WAC 173-27-180.
(2) The Shoreline Administrator shall provide written informational materials,
procedures, instructions, and forms required to submit an application for a
Shoreline Substantial Development Permit, Variance Permit, or Special Use
Permit.
(3) These materials should include: a plan coversheet; a Joint Aquatic Resource
Permits Application (JARPA) form; a SEPA checklist; a fee schedule; review
criteria; and the process and timelines to assist potential applicants and
interested parties on the permit application submittal and review process.
(4) The Shoreline Administrator may vary or waive these requirements according to
administrative application requirements on a case -by -case basis.
(5) The Shoreline Administrator may require additional specific information
depending on the nature of the proposal and the presence of sensitive ecological
features or issues related to compliance with other applicable requirements and
the provisions of this SMP.
29.01.740 Shoreline Substantial Development Permits
(1) A Shoreline Substantial Development Permit shall be required for all
development on shorelines, unless the proposal is specifically exempted per
PMC 29.01.770. Shoreline Substantial Development permits shall be processed
as an administrative permit.
(2) The Shoreline Administrator shall review Substantial Development Permit
applications, as required in PMC 29.01.730, and approve or deny the permit.
(3) The Shoreline Administrator shall provide notice in accordance with
WAC 173.27-110 and may provide additional notice, according to the City's
noticing requirements.
(4) A Shoreline Substantial Development Permit shall be granted only when the
development proposed is consistent with:
(a) The policies and procedures of the SMA, RCW 90.58;
(b) The applicable provisions of WAC 173-27; and
(c) This SMP.
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(5) The Shoreline Administrator may attach conditions to the approval of permits as
necessary to ensure consistency of the project with the SMA and this SMP.
(6) Nothing shall interfere with the City's ability to require compliance with all
other applicable plans and laws.
29.01.750 Shoreline Special Use Permits
(1) Uses specifically classified or set forth in this SMP as conditional uses shall be
subject to review and condition by the Shoreline Administrator and Ecology.
Applications for a Shoreline Special Use Permit shall be processed pursuant to
PMC 25.86.
(2) Other uses, which are not classified or listed or set forth in this SMP, may be
authorized as conditional uses provided the applicant can demonstrate
consistency with the requirements of this Section and the requirements for
conditional uses contained in this SMP.
(3) Uses that are specifically prohibited by this SMP may not be authorized as a
conditional use.
(4) Review Criteria for Shoreline Special Use Permit. Uses that are classified or set
forth in the applicable SMP as conditional uses may be authorized provided that
the applicant demonstrates all of the following:
(a) That the proposed use is consistent with the policies of RCW 90.58.020
and the SMP;
(b) That the proposed use will not interfere with the normal public use of
public shorelines;
(c) That the proposed use of the site and design of the project is compatible
with other authorized uses within the area and with uses planned for the
area under the Comprehensive Plan and SMP;
(d) That the proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located; and
(e) That the public interest suffers no substantial detrimental effect.
(5) In the granting of all Shoreline Special Use Permits, consideration shall be
given to the cumulative impact of additional requests for like actions in the area.
For example, if Shoreline Special Use Permits were granted for other
developments in the area where similar circumstances exist, the total of the
conditional uses shall also remain consistent with the policies of RCW
90.58.020 and shall not produce substantial adverse effects to the shoreline
environment.
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(6) In authorizing a conditional use, special conditions may be attached to the
permit by the City or Ecology to prevent undesirable effects of the proposed use
and/or to ensure consistency of the project with the SMA and this SMP.
(7) Nothing shall interfere with the City's ability to require compliance with all
other applicable plans and laws.
29.01.760 Shoreline Variance Permits
(1) The purpose of a variance is to grant relief to specific bulk, dimensional, or
performance requirements set forth in this SMP where there are extraordinary or
unique circumstances relating to the property such that the strict implementation
of this SMP would impose unnecessary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020. Variances from the use regulations of the
SMP are prohibited. Applications for Shoreline Variance Permits shall be
processed pursuant to PMC 25.84.020 and PMC 29.01.760 (2).
(2) Review Criteria:
(a) Shoreline Variance Permits should be granted in circumstances where
denial of the permit would result in a thwarting of the policy enumerated
in RCW 90.58.020. In all instances, the applicant must demonstrate that
extraordinary circumstances shall be shown and the public interest shall
suffer no substantial detrimental effect.
(b) Shoreline Variance Permits for development and/or uses that will be
located landward of the OHWM, as defined in RCW 90.58.030(2)(b),
and/or landward of any wetland, as defined in RCW 90.58.030(2)(h), may
be authorized provided the applicant can demonstrate all of the following:
(i) That the strict application of the bulk, dimensional, or performance
standards set forth in the SMP precludes, or significantly interferes
with, reasonable use of the property;
(ii) That the hardship described in criterion PMC 29.01.760 (2)(b)(i) of
this subsection is specifically related to the property and is the
result of unique conditions, such as irregular lot shape, size, or
natural features, and the application of the SMP, and not, for
example, from deed restrictions or the applicant's own actions;
(iii) That the design of the project is compatible with other authorized
uses within the area and with uses planned for the area under the
Comprehensive Plan and SMP and will not cause adverse impacts
on the shoreline environment;
(iv) That the variance will not constitute a grant of special privilege not
enjoyed by the other properties in the area;
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(v) That the variance requested is the minimum necessary to afford
relief; and
(vi) That the public interest will suffer no substantial detrimental effect.
(c) Shoreline Variance Permits for development and/or uses that will be
located waterward of the OHWM, as defined in RCW 90.58.030(2)(b), or
within any wetland, as defined in RCW 90.58.030(2)(h), may be
authorized provided the applicant can demonstrate all of the following:
(i) That the strict application of the bulk, dimensional, or performance
standards set forth in the applicable SMP precludes all reasonable
use of the property;
(ii) That the proposal is consistent with the criteria established under
PMC 29.01.760 (2)(b) (i)-(iv) above can be met; and
(iii) That the public rights of navigation and use of the shorelines will
not be adversely affected.
(d) In the granting of all Shoreline Variance Permits, consideration shall be
given to the cumulative impact of additional requests for like actions in the
area. For example, if variances were granted to other developments and/or
uses in the area where similar circumstances exist, the total of the
variances shall also remain consistent with the policies of RCW 90.58.020
and shall not cause substantial adverse effects to the shoreline
environment.
29.01.770 Exemptions from Shoreline Substantial Development Permits
(1) An exemption from the Shoreline Substantial Development Permit process is
not an exemption from compliance with the SMA or this SMP, or from any
other regulatory requirements. All proposed uses, activities, or development
occurring within shoreline jurisdiction must conform to the intent and
requirements of RCW 90.58, the SMA, and this SMP, whether or not a permit
or other form of authorization is required.
(2) Letters of exemption shall be issued by the Shoreline Administrator when an
exemption applies or when a letter of exemption is required by the provisions of
WAC 173-27-050 and as follows:
(a) Any person claiming exemption from the Substantial Development Permit
requirements shall make an application to the Shoreline Administrator for
such an exemption in the manner prescribed by the
Shoreline Administrator, except that no written statement of exemption is
required for emergency development pursuant to WAC 173-27-040(2)(d).
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(b) The Shoreline Administrator is authorized to grant or deny requests for
statements of exemption from the Shoreline Substantial Development
Permit requirement for uses and developments within shorelines that are
specifically listed in PMC Section 29.01.770 (4). The statement shall be in
writing and shall indicate the specific exemption of this SMP that is being
applied to the development and shall provide a summary of the
Shoreline Administrator's analysis of the consistency of the project with
this SMP and the SMA. The letter shall be sent to the applicant and
maintained on file in the offices of the Shoreline Administrator.
(c) Statements of exemption may contain conditions and/or mitigating
measures of approval to achieve consistency and compliance with the
provisions of this SMP and the SMA.
(d) A denial of an exemption shall be in writing and shall identify the
reason(s) for the denial. The Shoreline Administrator's decision may be
appealed pursuant to PMC 29.01.810, Appeals.
(e) Exempt activities requiring a JARPA shall not be conducted until a
statement of exemption has been obtained from the
Shoreline Administrator.
(3) Interpretations of Exemptions:
(a) Exemptions shall be construed narrowly. Only those developments that
meet the precise terms of one or more of the listed exemptions may be
granted exemption from the Shoreline Substantial Development Permit
process.
(b) A development or use that is listed as a conditional use pursuant to this
SMP, or is an unlisted use, must obtain a Shoreline Special Use Permit
even though the development or use does not require a
Shoreline Substantial Development Permit. When a development or use is
proposed that does not comply with the bulk, dimensional, and
performance standards of this SMP, such development or use can only be
authorized by approval of a Shoreline Variance Permit.
(c) The burden of proof that a development or use is exempt from the permit
process is on the applicant.
(d) If any part of a proposed development is not eligible for exemption, then a
Shoreline Substantial Development Permit is required for the entire
proposed development project.
(e) The Shoreline Administrator may attach conditions to the approval of
exempted developments and/or uses as necessary to ensure consistency of
the project with the SMA and this SMP. Additionally, nothing shall
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interfere with each responsible local government's ability to require
compliance with all other applicable laws and plans.
(4) The City shall exempt from the Shoreline Substantial Development Permit
requirement the shoreline developments listed below:
(a) Any development of which the total cost or fair market value does not
exceed eight thousand, five hundred, four dollars ($8,504 or as adjusted by
the State Office of Financial Management, if such development does not
materially interfere with the normal public use of the water or shorelines
of the state. For purposes of determining whether or not a permit is
required, the total cost or fair market value shall be based on the value of
development that is occurring on shorelines of the state as defined in RCW
90.58.030 (2)(c). The total cost or fair market value of the development
shall include the fair market value of any donated, contributed, or found
labor, as well as equipment, or materials.
(b) Normal maintenance or repair of existing legally established structures or
developments, including damage by accident, fire, or elements.
Replacement of a structure or development may be authorized as repair
where such replacement is the common method of repair for the type of
structure or development and the replacement structure or development is
comparable to the original structure or development, including, but not
limited to, its size, shape, configuration, location, and external appearance
and the replacement does not cause substantial adverse effects to shoreline
resources or environment.
(c) Construction of a normal protective bulkhead common to single-family
residences. A normal protective bulkhead includes those structural and
non-structural developments installed at or near, and parallel to, the
OHWM for the sole purpose of protecting an existing single-family
residence and appurtenant structures from loss or damage by erosion. A
normal protective bulkhead is not exempt if constructed for the purpose of
creating dry land. When a vertical or near vertical wall is being
constructed or reconstructed, not more than 1 cubic yard of fill per one
1 foot of wall may be used as backfill. When an existing bulkhead is being
repaired by construction of a vertical wall fronting the existing wall, it
shall be constructed no farther waterward of the existing bulkhead than is
necessary for construction of new footings. When a bulkhead has
deteriorated such that an OHWM has been established by the presence and
action of water landward of the bulkhead, then the replacement bulkhead
must be located at or near the actual OHWM. Bioengineered
erosion -control projects may be considered a normal protective bulkhead
when any structural elements are consistent with the above requirements
and when the project has been approved by WDFW.
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(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 that requires immediate action within a
time too short to allow full compliance with this SMP. Emergency
construction does not include development of new permanent protective
structures where none previously existed. Where new protective structures
are deemed by the Shoreline Administrator to be the appropriate means to
address the emergency situation, and upon abatement of the emergency
situation, the new structure shall be removed or any permit that would
have been required, absent an emergency, pursuant to RCW 90.58 these
regulations, or this SMP, shall be obtained. All emergency construction
shall be consistent with the policies and requirements of this section, RCW
90.58, and this SMP. As a general matter, flooding or other seasonal
events that can be anticipated and may occur but that are not imminent are
not an emergency.
(i) The following criteria shall exist to qualify any action under an
emergency provision:
(A) There must be an immediate threat to life, or public or
private property, or an immediate threat of serious
environmental degradation arising from a natural condition,
or non -natural accident or incident;
(B) The emergency response shall be confined to the action
necessary to protect life or property from damage;
(C) The scope of the emergency response must be limited to the
work necessary to relieve the immediate threat; and
(D) The emergency response applies only to the period of time
in which the actual emergency exists.
(ii) Once the emergency is abated or dissipated as deemed by
jurisdictional authorities, compliance with the requirements of this
section is required.
(iii) Emergency actions shall use reasonable methods that minimize the
impact to critical areas and their buffers. Persons who take
emergency action shall notify the Shoreline Administrator within
1 working day following commencement of the emergency
activity. Following such notification, the Shoreline Administrator
shall determine if the action taken was within the scope and
definition of emergency actions as defined above. If the
Shoreline Administrator determines the action taken or any part of
the action taken was beyond the scope and definition of allowed
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emergency actions, then the enforcement provisions of
PMC 29.01.830 shall apply.
(e) Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on
shorelands and the construction and maintenance of irrigation structures,
including, but not limited to, head gates, pumping facilities, and irrigation
channels. A feedlot of any size, all processing plants, other activities of a
commercial nature, and alteration of the contour of the shorelands by
leveling or filling, other than that which results from normal cultivation,
shall not be considered normal or necessary farming or ranching activities.
(f) Construction or modification of navigational aids such as channel markers
and anchor buoys.
(g) Construction on shorelands by an owner, lessee, or contract purchaser of a
single-family residence or appurtenance for their own use or for the use of
their family, which residence does not exceed a height of 35 feet above
average grade level and which meets all requirements of the City, other
than requirements imposed pursuant to RCW 90.58. Construction
authorized under this exemption, shall be located landward of the OHWM.
(h) Construction of a dock, including a community dock designed for pleasure
craft only and for the private non-commercial use of the owner, lessee, or
contract purchaser of a single-family or multiple -family residence. A dock
is a landing and moorage facility for watercraft and does not include
recreational decks, storage facilities or other appurtenances. This
exception applies when the fair market value of the dock does not exceed:
a. Twenty-two thousand five hundred dollars ($22,500) for docks that are
constructed to replace existing docks, are of equal or lesser square footage
than the existing dock being replaced; or
b. Eleven thousand two hundred ($11,200) dollars for all other docks
constructed in fresh waters.
c. However, if subsequent construction occurs within five years of completion of
the prior construction, and the combined fair market value of the
subsequent and prior construction exceeds the amount specified above, the
subsequent construction shall be considered a substantial development for
the purpose of this chapter.
(i) Operation, maintenance, repair, 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
groundwater from the irrigation of lands.
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(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 existing and future system of dikes, drains,
or other facilities existing on September 8, 1975 (where water is being
drained from irrigation runoff or shallow groundwater levels artificially
recharged through irrigation, and that), which are created, developed or
utilized primarily as a part of an agricultural drainage or diking system.
(1) Site exploration and investigation activities that are prerequisite to
preparation of an application for development authorization under this
section, if:
(i) The activity does not interfere with the normal public use of
surface waters;
(ii) The activity will have no significant adverse impact on the
environment, including, but not limited to, fish, wildlife, fish or
wildlife habitat, water quality, and aesthetic values;
(iii) The activity does not involve the installation of any structure and,
upon completion of the activity, the vegetation and land
configuration of the site are restored to conditions existing before
the activity; and
(iv) A private entity seeking development authorization under this
section first posts a performance bond or provides other evidence
of financial responsibility to the local jurisdiction to ensure the site
is restored to preexisting conditions.
(m) The process of removing or controlling aquatic noxious weeds, as defined
in RCW 17.26.020, through the use of an herbicide or other treatment
methods applicable to weed control published by the Departments of
Agriculture or Ecology jointly with other state agencies under
RCW 43.21 C.
(n) Watershed restoration projects as defined in RCW 89.08.460.
(o) A public or private project that is designed to improve fish or wildlife
habitat or fish passage, consistent with RCW 90.58.147 and RCW 77.55.
(p) Other than conversions to non -forest land use, forest practices regulated
under RCW 76.09 are not subject to additional regulations under the SMA
or this SNIP (90.58.030(2)(d)(ii)).
(q) The external or internal retrofitting of an existing structure with the
exclusive purpose of compliance with the Americans with Disabilities Act
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of 1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide physical
access to the structure by individuals with disabilities.
29.01.780 Duration of Permits
(1) The duration of permits shall be consistent with WAC 173-27-090 as follows:
(a) Construction activities shall be commenced or, where no construction
activities are involved, the use or activity shall be commenced within
2 years of the effective date of a substantial development permit. The City
may authorize a single extension for a period not to exceed 1 year based
on reasonable factors if a request for extension has been filed before the
expiration date and notice of the proposed extension is given to parties of
record on the substantial development permit and to the department.
(b) Authorization to conduct development activities shall terminate 5 years
after the effective date of a Substantial Development Permit. However, the
City may authorize a single extension for a period not to exceed 1 year
based on reasonable factors if a request for extension has been filed before
the expiration date and notice of the proposed extension is given to parties
of record and to the department.
29.01.790 Initiation of Development
(1) Each permit for a Substantial Development, Shoreline Special Use, or
Shoreline Variance issued by local government shall contain a provision that
construction pursuant to the permit shall not begin and is not authorized until
21 days from the date of filing with Ecology as defined in RCW 90.58.140(6)
and WAC 173-27-130, or until all review proceedings initiated within 21 days
from the date of filing of the decision. The date of filing for a
Substantial Development Permit is the date of actual receipt by Ecology of a
local government's final decision on the permit. With regard to a permit for a
Shoreline Variance or a Shoreline Special Use, date of filing means the date a
responsible local government or applicant receives the written decision of
Ecology. When a Substantial Development Permit and a Special Use or
Variance Permit are required for a development, the submittal on the permits
shall be made concurrently.
(2) Permits for Substantial Development, Shoreline Special Use, or
Shoreline Variance may be in any form prescribed and used by the City,
including a combined permit application form. Such forms will be supplied by
the City.
(3) A permit data sheet shall be submitted to Ecology with each shoreline permit.
The permit data sheet form shall be consistent with WAC 173-27-990.
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29.01.800 Review Process
(1) After the City's approval of a Shoreline Special Use or Variance Permit, the
City shall submit the permit to Ecology for approval, approval with conditions,
or denial. Ecology shall render and transmit to the City and the applicant its
final decision approving, approving with conditions, or disapproving the permit
within 30 days of the date of submittal by the City pursuant to WAC 173-27-
110.
(2) Ecology shall review the complete file submitted by the City on Shoreline
Special Use or Variance Permits and any other information submitted or
available that is relevant to the application. Ecology shall base its determination
to approve, approve with conditions, or deny a Special Use Permit or
Variance Permit on consistency with the policy and provisions of the SMA and
except as provided in WAC 173-27-210 and the criteria in WAC 173-27-160
and 173-27-170.
(3) The City shall provide timely notification of the Ecology's final decision to
those interested persons having requested notification from local government
pursuant to WAC 173-27-130.
29.01.810 Appeals
(1) Appeals of Shoreline Permit Decisions. The City's decisions on shoreline
permits may be appealed to the following bodies in this sequence:
(a) Pasco City Council in accordance with PMC 25.86.080.
(b) State Shorelines Hearings Board (SHB) in Tumwater.
(c) SHB decisions may be appealed to superior court.
(d) Superior court decisions may be appealed to the Court of Appeals.
(e) Appeals Court decisions may be appealed to the Washington Supreme
Court.
(f) Appeals to the SHB and courts are governed by RCW 90.58.180,
RCW 43.21B.001, RCW 34.05 Part V, and WAC 461.08.
(2) All requests for review of any final permit decisions under RCW 90.58 and
WAC 173-27 are governed by the procedures established in RCW 90.58.180,
WAC 461-08, and the rules of practice and procedure of the SHB.
29.01.820 Amendments to Permits
(1) A permit revision is required whenever the applicant proposes substantive
changes to the design, terms, or conditions of a project from that which is
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approved in the permit. Changes are substantive if they materially alter the
project in a manner that relates to its conformance to the terms and conditions of
the permit, the SMP, and/or the policies and provisions of RCW 90.58. Changes
that are not substantive in effect do not require approval of a revision.
(2) Revisions to permits shall be considered consistent with WAC 173-27-100.
29.01.830 Enforcement
(1) The SMA provides for a cooperative program between the City and Ecology to
implement and enforce the provisions of the SMA and this SMP. This section
provides for a variety of means of enforcement, including civil and criminal
penalties, orders to cease and desist, and orders to take corrective action, in
accordance with WAC 173-27-270, 173-27-280, 173-27-290, and 173-27-300,
and PMC 25.08. The enforcement means and penalties provided herein are not
exclusive and may be taken or imposed in conjunction with, or in addition to,
any other civil enforcement actions and civil penalties, injunctive or declaratory
relief, criminal prosecution, actions to recover civil or criminal penalties, or any
other action or sanction authorized by this section, or any other provision of the
PMC, or any other provision of state or federal law and regulation.
(2) The Shoreline Administrator, with the assistance of the City Attorney, shall
have authority to commence and prosecute any enforcement action authorized
by this section. In determining the appropriate enforcement actions to be
commenced and prosecuted, the Shoreline Administrator shall consider the
following factors:
(a) The nature of the violation;
(b) The extent of damage or potential future risk to the shoreline environment
and its ecological functions or to the public health and safety, caused by or
resulting from, whether directly or indirectly, the alleged violation;
(c) The existence of knowledge, intent, or malice on behalf of the violator;
(d) The economic benefit or advantage that accrued to the violator(s) as a
result of the violation; and
(e) The estimated actions and costs of providing adequate mitigation,
restoration, rehabilitation, or enhancement to repair or minimize any
substantial adverse impacts upon the shoreline environment and its
ecological functions or the public health and safety.
(3) The Shoreline Administrator may commence and prosecute enforcement action
jointly with Ecology. Pursuant to WAC 173-27, Ecology may initiate and
prosecute enforcement action separate from the Shoreline Administrator.
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29.01.840 Cumulative Effects of Shoreline Developments
(1) The City will periodically evaluate the effectiveness of the SMP update for
achieving no net loss of shoreline ecological functions with respect to shoreline
permitting and exemptions. At the end of the first full year after adoption, and at
the end of every other year thereafter, the Shoreline Administrator shall prepare
a report documenting shoreline Substantial Development Permits, Special Use
Permits, and Variances, including the exempt use activity approvals and the
locations and effects of each by type and classifications. The report should
include activities involving development, conservation, restoration, mitigation,
and enforcement. It should summarize the net change of developments
(including new development and decommissioning of structures and protected
areas) using indicators such as linear length of stabilization and flood hazard
structures, number of overwater structures (e.g., piers and docks), road length
within shoreline, number of waterbody road crossings, number of levees/dikes,
acres of impervious surface areas, acres of vegetation, acres of permanently
protected areas, or areas with limited development. Compliance and
enforcement activity will also be tracked.
(2) The Shoreline Administrator Official, will, to the extent feasible, coordinate
with other City departments or as adjacent jurisdictions, to assess cumulative
effects of shoreline development.
29.01.850 Amendments to Shoreline Master Program
(1) Amendments to the SMP shall be processed as legislative decisions pursuant to
PMC 24.88 and WAC 173-26-110.
(2) Any locally approved amendments to the SMP will not become effective until
approved by Ecology.
29.01.860 Shoreline Environment Designation Maps or Official Shoreline Map
City of Pasco Shoreline Master Program Draft
White Bluffs Consulting 173