HomeMy WebLinkAbout02-19-2015 Planning Commission Meeting Packet - Supplement, Shoreline Master Program DraftCITY OF PASCO 1
SHORELINE MASTER PROGRAM 2
3
Prepared for 4
City of Pasco 5
6
Prepared by Prepared with assistance from
Anchor QEA, LLC
8033 West Grandridge Avenue, Suite A
Kennewick, Washington 99336
Oneza & Associates
1508 44th Ave SW, Unit B
Seattle, Washington 98116
7
Funded through a grant from the Washington State Department of Ecology 8
January 2015 9
January 2015
TABLE OF CONTENTS 1
SECTION I: Shoreline Goals and Policies (RCW 90.58.100) ...................................................... 1 2
1 Introduction ................................................................................................................... 1 3
2 Relationship Between Growth Management Act and Shoreline Management Act .. 1 4
3 Profile of the Shoreline Jurisdiction within the City of Pasco.................................... 2 5
3.1 Shoreline Jurisdiction Rivers ..................................................................... 2 6
3.2 Shorelines of Statewide Significance ........................................................ 2 7
4 Development of Goals and Policies .............................................................................. 2 8
4.1 Economic Development Element ............................................................. 3 9
4.2 Public Access and Recreation Element .................................................... 4 10
4.3 Circulation Element ................................................................................... 6 11
4.4 Shoreline Uses and Modifications Element .............................................. 7 12
4.5 Conservation Element ............................................................................. 16 13
4.6 Historic, Cultural, Scientific, and Educational Resources Element ...... 18 14
4.7 Flood Hazard Management Element ...................................................... 19 15
4.8 Private Property Right ............................................................................ 19 16
SECTION II: Shoreline Regulations ........................................................................................... 21 17
Article I. Authority and Purpose .................................................................................... 21 18
29.01.010 Authority ............................................................................................ 21 19
29.01.020 Applicability ....................................................................................... 21 20
29.01.030 Purpose ............................................................................................... 21 21
29.01.040 Relationship to Other Codes, Ordinances, and Plans ...................... 22 22
29.01.050 Liberal Construction .......................................................................... 23 23
29.01.060 Severability......................................................................................... 23 24
29.01.070 Effective Date ..................................................................................... 23 25
Article II. Environment Designation .............................................................................. 24 26
29.01.100 Environment Designations ................................................................ 24 27
29.01.110 Aquatic ............................................................................................... 25 28
29.01.120 Natural ................................................................................................ 26 29
29.01.130 Urban Conservancy ........................................................................... 28 30
29.01.140 Public Flood Protection ..................................................................... 29 31
29.01.150 Recreation .......................................................................................... 30 32
29.01.160 High Intensity .................................................................................... 32 33
29.01.170 Shoreline Residential ......................................................................... 33 34
Article III. General Regulations ...................................................................................... 35 35
29.01.200 Shoreline Use and Modification ....................................................... 35 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates i
January 2015
29.01.210 Development Standards ..................................................................... 39 1
29.01.220 Archaeological and Historic Resources ............................................ 40 2
29.01.230 Environmental Protection................................................................. 40 3
29.01.240 Shoreline Vegetation Conservation .................................................. 41 4
29.01.250 Water Quality, Stormwater, and Nonpoint Pollution ..................... 42 5
29.01.260 Public Access ...................................................................................... 43 6
29.01.270 Flood Hazard Reduction .................................................................... 48 7
Article IV. Shoreline Modifications and Use Regulations ............................................. 50 8
29.01.300 Agriculture ......................................................................................... 50 9
29.01.320 Boating Facilities ................................................................................ 51 10
29.01.330 Breakwater, Jetties, Groins, and Weirs............................................. 54 11
29.01.340 Commercial Development ................................................................ 55 12
29.01.350 Dredging and Dredge Material Disposal .......................................... 57 13
29.01.360 Fill and Excavation ............................................................................ 60 14
29.01.370 Industrial Development .................................................................... 62 15
29.01.380 In-stream Structures .......................................................................... 63 16
29.01.390 Mining ................................................................................................ 64 17
29.01.400 Piers and Docks .................................................................................. 65 18
29.01.410 Recreational Development ................................................................ 72 19
29.01.420 Residential Development .................................................................. 74 20
29.01.430 Shoreline Habitat and Natural Systems Enhancement Projects ..... 75 21
29.01.440 Shoreline Stabilization....................................................................... 76 22
29.01.450 Transportation: Trails, Roads, and Parking ...................................... 78 23
29.01.460 Utilities ............................................................................................... 80 24
Article V. Critical Areas .................................................................................................. 84 25
29.01.500 Critical Areas...................................................................................... 85 26
29.01.510 General Provisions ............................................................................. 87 27
29.01.520 Wetlands ............................................................................................ 98 28
29.01.530 Fish and Wildlife Habitat ................................................................ 109 29
29.01.540 Aquifer Recharge Areas ................................................................... 119 30
29.01.550 Flood Hazard Areas ......................................................................... 124 31
29.01.560 Geologic Hazard Areas .................................................................... 125 32
Article VI. Existing Uses, Structures, and Lots ............................................................ 134 33
29.01.600 Applicability ..................................................................................... 134 34
29.01.610 Nonconforming Uses ....................................................................... 134 35
29.01.620 Nonconforming Structures .............................................................. 135 36
Article VII. Administration and Enforcements ........................................................... 138 37
29.01.700 Roles and Responsibilities ............................................................... 138 38
29.01.710 Interpretation ................................................................................... 139 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates ii
January 2015
29.01.720 Statutory Noticing Requirements ................................................... 139 1
29.01.730 Application Requirements .............................................................. 140 2
29.01.740 Shoreline Substantial Development Permits .................................. 140 3
29.01.750 Shoreline Conditional Use Permits................................................. 141 4
29.01.760 Shoreline Variance Permits ............................................................ 142 5
29.01.770 Exemptions from Shoreline Substantial Development Permits .... 143 6
29.01.780 Duration of Permits 7
(Discuss with City –different timeframe can be used) .................. 149 8
29.01.790 Initiation of Development ............................................................... 149 9
29.01.800 Review Process ................................................................................ 150 10
29.01.810 Appeals ............................................................................................. 150 11
29.01.820 Amendments to Permits .................................................................. 151 12
29.01.830 Enforcement ..................................................................................... 151 13
29.01.840 Cumulative Effects of Shoreline Developments ............................ 152 14
29.01.850 Amendments to Shoreline Master Program ................................... 152 15
29.01.860 Definitions ........................................................................................ 152 16
29.01.870 Shoreline Environment Designation Maps or Official 17
Shoreline Map .................................................................................. 173 18
19
List of Tables 20
Table 1. Shoreline Jurisdiction Rivers .......................................................................................... 2 21
Table 29.01.200 (2). Shoreline Use and Modification Matrix for City of Pasco ....................... 36 22
Table 29.01.210 (2) Shoreline Development Standards Matrix for City of Pasco ................ 40 23
Table 29.01.520 (8)(a): Wetland Buffer Width Requirements ................................................ 101 24
Table 29.01.520 (8)(b): Land Use Intensity Table .................................................................... 104 25
Table 29.01.520 (13). Wetland Mitigation Ratios (for Eastern Washington) ......................... 109 26
Table 29.01.530 (3): Classification by Fish and Wildlife Areas ............................................... 111 27
Table 29.01.540 (2)(a): Designation of Aquifer Recharge Areas ............................................. 120 28
Table 29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas ......................... 126 29
Table 29.01.560 (4) Rating of Geologic Hazard Risk ............................................................... 127 30
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates iii
January 2015
LIST OF ACRONYMS AND ABBREVIATIONS 1
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
NRCS U. S. Department of Agriculture, Natural Resource Conservation
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
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates iv
January 2015
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 & Wildlife
WDNR Washington State Department of Natural Resources
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates v
January 2015
SECTION I: Shoreline Goals and Policies (RCW 90.58.100) 1
1 Introduction 2
The City of Pasco, through an updated Shoreline Master Program (SMP), intends to implement 3
the requirements of the Washington State Shoreline Management Act (SMA) Revised Code of 4
Washington (RCW 90.58), the state SMA Guidelines (Chapter 173-26 Washington 5
Administrative Code [WAC]) (Guidelines), and the Shoreline Management Permit and 6
Enforcement Procedures (WAC 173-27). 7
The SMA was enacted in 1971 to provide for the management and protection of shorelines of the 8
state by regulating development in the shoreline area. The goal of the SMA is, “to prevent the 9
inherent harm in an uncoordinated and piecemeal development of the state's shorelines” (RCW 10
90.58.020). The SMA requires cities and counties to adopt an SMP to regulate shoreline 11
development and accommodate “all reasonable and appropriate uses” consistent with “protection 12
against adverse effects to the public health, the land and its vegetation and wildlife, and the 13
waters of the state and their aquatic life…and public rights of navigation.” The City of Pasco did 14
not have its own SMP prior to this update. The City had adopted by reference and implemented 15
Franklin County’s SMP, which had been approved in 1974. 16
Washington State Department of Ecology (Ecology) approved the updated SMA Guidelines in 17
2003. The SMA and implementing SMP Guidelines require all towns, cities, and counties across 18
the state to comprehensively update their SMPs. The guidelines provide new requirements for 19
environmental protections, including meeting no net loss of ecological functions, providing 20
public access, accounting for advancements in science and shoreline management practices, and 21
establishing a clear relationship between the SMA and the Growth Management Act (GMA). 22
This SMP for the City of Pasco provides goals, policies, and regulations for the development of 23
Pasco shorelines consistent with the SMA and guidelines. 24
2 Relationship Between Growth Management Act and Shoreline 25
Management Act 26
An SMP contains goals, policies, regulations, and environment designation maps that guide 27
shoreline development in accordance with state requirements. Pasco's SMP is integrated with the 28
City's land use regulation system. Consistent with RCW 36.70A.480, the goals and policies 29
contained in this SMP shall be considered an element of the City's Comprehensive Growth 30
Management Plan (Comprehensive Plan) required by the GMA. All other portions of this SMP, 31
including the use regulations, are considered a part of the City's development regulations 32
required by the GMA. 33
The Inventory, Analysis, and Characterization Report; Restoration Plan; Cumulative Impacts 34
Analysis Report (which includes the “no net loss of shoreline ecological functions” analysis 35
findings); and Public Participation Plan are supporting documents and are not adopted as part of 36
this SMP or the City's Comprehensive Plan. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 1
January 2015
The Inventory, Analysis, and Characterization Report establishes the baseline against which the 1
standard “no net loss of shoreline ecological functions” is measured. The Restoration Plan 2
identifies and prioritizes shoreline restoration opportunities that may be undertaken 3
independently or in conjunction with mitigation for development impacts to improve shoreline 4
ecological functions over time. 5
3 Profile of the Shoreline Jurisdiction within the City of Pasco 6
The Washington State SMA defines the Shoreline of the State as, “all ‘shorelines’ and 7
‘shorelines of statewide (SSWS)’ within the state” (RCW 90.58.030). The shoreline includes 8
floodways, land within 200 feet of the ordinary high water mark (OHWM) of the waterways, 9
floodplains up to 200 feet from the floodway edge, and associated wetlands. 10
3.1 Shoreline Jurisdiction Rivers 11
Pasco’s SMP encompasses shoreline along the Columbia River and Snake River. The City’s 12
shoreline waterbodies are listed in Table 1. Both the Columbia River and Snake River are 13
considered SSWS. See Section 3.2 for discussion on SSWS. 14
Table 1. Shoreline Jurisdiction Rivers 15
Stream Name
Shoreline of Statewide
Significance
Total Length
Proposed Shoreline
Columbia River Yes 14.4 miles
Snake River Yes 2.8 miles
16
3.2 Shorelines of Statewide Significance 17
The entire shoreline jurisdiction in the City that includes the Columbia and Snake rivers are 18
considered SSWS, as listed in Table 1. The SMA designates certain shoreline areas as SSWS, 19
which are defined as “natural rivers or segments thereof” that have a mean annual flow of 20
200 cubic feet per second or more (or for streams east of the crest of the Cascades [RCW 21
90.58.030], the portion downstream from the first 300 square miles of drainage area) and lakes, 22
whether natural, artificial, or a combination thereof, of 1,000 acres or greater in surface area. The 23
Columbia and Snake rivers are SSWS based on the flow and upstream drainage criteria. 24
The SSWS protection and management goals are described in the Development of Goals and 25
Policies – Shoreline Uses and Modifications Element section. 26
4 Development of Goals and Policies 27
Goals express broad value statements that reflect the City’s vision of its shorelines. Goals also 28
provide a framework upon which the more detailed SMP shoreline use environments, policies, 29
regulations, and administrative procedures are based in subsequent chapters. Policies are more 30
detailed statements reflecting the City’s goals and visions for its shorelines. Policies provide 31
detail to the associated goals and act as a bridge between the goals and implementing regulations. 32
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 2
January 2015
The SMP goals and policies are categorized according to the SMP elements mandated in the 1
SMA. The general goal and policy statements found within each SMP element provide the policy 2
basis for the City’s SMP administration. 3
4.1 Economic Development Element 4
(1) Goals: 5
(a) Goal A: Support water-oriented uses to maximize the positive economic 6
impact of tourism and recreational development. 7
(b) Goal B: Promote economic growth that conserves natural resources and 8
open spaces and maintains the environmental quality. 9
(c) Goal C: Maintain existing development and secure additional commercial 10
and industrial facilities and infrastructure necessary for existing and future 11
development in shoreline areas where it is most feasible, while 12
maintaining environmental quality. 13
(2) Policies: 14
(a) Ensure healthy, orderly economic growth by providing for those economic 15
activities that will be an asset to the local economy and for which the 16
adverse effects on the quality of the shoreline and surrounding 17
environment can be mitigated. Ensure any economic activity taking place 18
along the shoreline operates without causing irreparable harm to the site’s 19
environment or adjacent shoreline areas. 20
(b) Maintain and protect existing water-dependent and water-related 21
industries that support the City’s economy. Provide opportunities for 22
future expansions of such industries. 23
(c) Allow diversion of water for agricultural, commercial, and industrial 24
purposes consistent with the State’s water rights laws. 25
(d) Promote tourism and develop and maintain, as an economic asset, the 26
recreation and tourism industry along shorelines in a manner that will 27
enhance public enjoyment. 28
(e) Work with the Port of Pasco, Franklin County, and other agencies to 29
ensure sustainable economic growth along the shoreline. Encourage 30
cooperative use of existing port facilities, including docks and piers, where 31
feasible and when they do not negatively affect the public safety. 32
(f) Give preference to economic activities in undeveloped areas, which either 33
leave natural or existing shoreline features such as trees, shrubs, grasses, 34
and wildlife habitat, unmodified, or modify them in a way that enhances 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 3
January 2015
human awareness and appreciation of the shoreline and other natural and 1
non-natural surroundings. 2
(g) Encourage new water-dependent, water-related, and water-enjoyment 3
economic development in priority order. 4
(h) Where possible, encourage development that incorporates low-impact 5
development techniques into new projects and integrates architectural and 6
landscape elements that recognize the river environment. 7
(i) Require non-water-oriented commercial or recreational development to 8
provide for ecological restoration and public access as appropriate. 9
(j) Ensure new industrial and commercial uses will not result in a net loss of 10
shoreline ecological functions or have significant adverse impacts on 11
navigation, recreation, and public access. 12
4.2 Public Access and Recreation Element 13
(1) Goals: 14
(a) Goal A: Promote, protect, and enhance physical and visual public access 15
along the shoreline of the Columbia and Snake rivers. Increase the amount 16
and diversity of public access along the shoreline consistent with private 17
property rights, public safety, and the natural shoreline character. 18
(b) Goal B: Maintain and enhance the existing public access system according 19
to the City’s Public Access Plan (Rivershore Linkage and Amenity Plan 20
approved by the City in 2012), building upon the City’s many types of 21
shoreline public access with new public access opportunities where 22
appropriate. 23
(c) Goal C: Provide physical and visual public access as feasible and when 24
new development creates demand for public access. 25
(d) Goal D: Ensure diverse, convenient, and adequate water-oriented 26
recreational opportunities along the shoreline for the public. 27
(e) Goal F: Give water-oriented shoreline recreational development priority 28
within shoreline jurisdiction. 29
(2) Policies: 30
(a) Protect and enhance visual and physical access to shoreline, especially on 31
public properties. Provide visual access, such as viewpoints or view 32
corridors, in areas with limited physical access due to a steep slope or the 33
sensitive nature of the shoreline whenever possible. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 4
January 2015
(b) Ensure new developments, uses, and activities on or near the shoreline do 1
not impair or detract from the public’s access to the water. Where 2
practicable, public access to the shoreline should be enhanced. 3
(c) Design public access that minimizes potential impacts to private property 4
and individual privacy. 5
(d) Locate, design, manage, and maintain public access and recreation 6
facilities in a manner that protects shoreline ecological functions and 7
processes and the public’s health and safety. 8
(e) Identify opportunities for public access on publicly owned shorelines and 9
according to the City’s Public Access Plan. Encourage federal, state, and 10
local governments to provide public access and recreational uses on 11
existing shoreline properties according to their management policies such 12
as existing state parks, trails and U.S. Army Corps of Engineers (USACE) 13
lands along the Columbia River. 14
(f) Preserve, maintain, and enhance public access afforded by shoreline street 15
ends, public utilities, and rights-of-way. 16
(g) Provide physical and visual public access in the shoreline jurisdiction in 17
association with the following uses when feasible: residential 18
developments with five or more dwellings; commercial development; and 19
public agency recreational development. 20
(h) Provide public access and interpretive displays as part of publicly funded 21
restoration projects where significant ecological impacts are addressed. 22
(i) Allow for passive and active shoreline recreation that emphasizes location 23
along shorelines in association with the state, county and other public 24
agency parks, recreation, wildlife habitat, and open-space plans. 25
(j) Encourage a variety of compatible recreational experiences and activities 26
to satisfy the C ity’s diverse recreational needs such as parks, boat lunches, 27
docks, trail, and viewing platforms. 28
(k) Give water-dependent recreation priority water-enjoyment recreation uses. 29
Give water-enjoyment recreational uses priority over non-water-oriented 30
recreational uses. 31
(l) Integrate and link water-oriented recreational facilities with other 32
amenities along the shoreline, such as walking trails, bicycle paths, 33
easements, and scenic drives when feasible. For example, encourage 34
connection between the Sacajawea Heritage Trail and the Columbia 35
Plateau Trail in Franklin County. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 5
January 2015
(m) Promote non-intensive recreational uses that avoid adverse effects to the 1
natural environment, do not contribute to flood hazards, and avoid damage 2
to the shoreline environment through modifications such as structural 3
shoreline stabilization or native vegetation removal. 4
4.3 Circulation Element 5
(1) Goals: 6
(a) Goal A: Develop safe, convenient, and diversified circulation systems to 7
ensure efficient movement of people, goods, and services, with minimal 8
adverse impacts on the shoreline environment. 9
(2) Policies: 10
(a) Provide safe, reasonable, and adequate circulation systems to shorelines 11
where routes will minimize adverse effects on unique or fragile shoreline 12
features and existing ecological systems, while contributing to the 13
functional and visual enhancement of the shoreline. 14
(b) Within the shoreline jurisdiction, locate land circulation systems that are 15
not shoreline-oriented and as far from the land-water interface as 16
practicable to reduce interference with either natural shoreline resources or 17
other appropriate shoreline uses. 18
(c) Allow for maintenance and improvements to existing roads and parking 19
areas. Allow for necessary new roads and parking areas when other 20
locations outside of shoreline jurisdiction are not feasible. 21
(d) Plan and develop a circulation network, which is compatible with the 22
shoreline environment and respects and protects ecological and aesthetic 23
values in the shoreline of the state, as well as private property rights. 24
(e) In the circulation network, plan for pedestrian, bicycle, and public 25
transportation where appropriate. Circulation planning and projects should 26
support existing and proposed shoreline uses that are consistent with the 27
SMP. 28
(f) Promote existing transportation corridors for reuse for water-dependent 29
uses or public access when they are abandoned. 30
(g) Encourage relocation or improvement of those circulation elements that 31
are functionally or aesthetically disruptive to the shoreline, public 32
waterfront access, and ecological functions. 33
(h) Plan parking areas to achieve optimum use. Where possible, parking 34
should serve more than one use (e.g., serving recreational use on 35
weekends and commercial use on weekdays). 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 6
January 2015
(i) Encourage low-impact parking facilities such as those with gravels or 1
permeable pavements and bio-swales. 2
(j) Encourage trail and bicycle paths along shorelines in a manner compatible 3
with the natural character, resources, and ecology of the shoreline. 4
(k) Encourage the linkage of shoreline parks, recreation areas, and public 5
access points with linear systems, such as hiking and bicycle paths, 6
easements, and scenic drives. 7
4.4 Shoreline Uses and Modifications Element 8
(1) Goals: 9
(a) Goal A: Encourage shoreline development and uses that recognize the 10
City’s natural and cultural values and its unique aesthetic qualities offered 11
by its variety of shoreline environments, including, but not limited to, 12
reservoir-bounded river segments, flood protection levees, recreational 13
and industrial developments, riverine wetlands, open views, and plentiful 14
formal and informal public access. 15
(b) Goal B: The City recognizes and protects the functions and values of the 16
shoreline environments of statewide and local significance. For SSWS, 17
protection and management priorities are to: 18
(i) Recognize and protect statewide interest over local interest; 19
(ii) Preserve the natural character of the shoreline; 20
(iii) Provide long-term over short-term benefits; 21
(iv) Protect the resources and ecology of shoreline; 22
(v) Increase public access to publicly owned areas of shoreline; and 23
(vi) Increase recreational opportunities for the public in shoreline areas. 24
(2) General Policies: 25
(a) Maintain areas within the shoreline jurisdiction with unique attributes for 26
specific long-term uses, including commercial, industrial, residential, 27
recreational, and open-space uses. 28
(b) Ensure proposed shoreline uses are distributed, located, and developed in a 29
manner that will maintain or improve the health, safety, and welfare of the 30
public when such uses occupy shoreline areas. 31
(c) Ensure activities and facilities are located on the shoreline in such a 32
manner as to retain or improve the quality of the environment. 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 7
January 2015
(d) Ensure proposed shoreline uses do not infringe upon the rights of others, 1
upon the rights of private ownership, upon the rights of the public under 2
the Public Trust Doctrine or federal navigational servitude, and treaty 3
rights of Native American tribes. 4
(e) Minimize the adverse impacts of shoreline uses and activities on the 5
environment during all phases of development (e.g., design, construction, 6
management, and use). 7
(3) Shoreline Environment Designation Policies: 8
(a) Provide a comprehensive shoreline environment designation system to 9
categorize the City’s shoreline into environments based on the primary 10
characteristics of shoreline areas to guide the use and management of 11
these areas and to preserve wildlife habitat area, natural resources, and 12
public agency operations. 13
(b) Designate properties as Natural in order to protect and restore those 14
shoreline areas that are relatively free of human influence or that include 15
intact or minimally degraded shoreline functions that are sensitive to 16
potential impacts from human use. 17
(c) Designate properties Urban Conservancy to protect and restore ecological 18
functions of open space, floodplain, and other sensitive lands, while 19
accommodating low-intensity uses. 20
(d) Assign appropriate designations to accommodate recreational uses. Ensure 21
intense recreational uses, such as boat launches and parks, do not conflict 22
with the sensitive nature of the shoreline (e.g., habitat management units) 23
where low impact recreational uses are more appropriate. 24
(e) Assign appropriate designation for flood protection areas maintained by 25
public agencies, while allowing low-intensity recreational uses such as 26
trail and viewpoints. 27
(f) Assign properties as High Intensity to support industrial, commercial, 28
irrigation supply, transportation, and navigation activities while 29
maintaining the ecological functions. Ensure public services, such as 30
irrigation and navigation uses, are separately addressed from the industrial 31
uses. 32
(g) Designate properties as Shoreline Residential to accommodate higher 33
density residential development and recognize existing and proposed land 34
uses. This designation is appropriate for residential uses on lands with 35
zoning classifications for detached and attached residences. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 8
January 2015
(4) Agriculture Policies: 1
(a) This SMP recognizes the importance of agriculture to the City’s economy 2
and also as it exists in the City limits and urban growth areas (UGAs). 3
Allow for ongoing agricultural activities, while also maintaining shoreline 4
ecological functions and processes. 5
(b) Conduct new agricultural development in a manner that ensures no net 6
loss of shoreline ecological functions and processes. 7
(c) Maintain a vegetative buffer between agricultural lands and waterbodies 8
or wetlands. 9
(d) Conversion of agricultural lands to other uses should comply with all 10
policies and regulations for non-agricultural uses. 11
(5) Boating Facilities Policies: 12
(a) Locate and design boating facilities so their structures and operations will 13
be compatible with the area affected such as environmental conditions, 14
shoreline configuration, access, and neighboring upland and aquatic uses. 15
(b) Require restoration activities when substantial improvements or repair to 16
existing boating facilities is planned. 17
(c) Boating facilities that minimize the amount of shoreline modification are 18
preferred. 19
(d) Boating facilities should provide physical and visual public shoreline 20
access and provide for multiple uses, including water-related use, to the 21
extent compatible with shoreline ecological functions and processes and 22
adjacent shoreline use. 23
(e) Boating facilities should be located and designed to avoid adverse effects 24
on riverine and nearshore processes, such as erosion, littoral or riparian 25
transport, and accretion, and should, where feasible, enhance degraded, 26
scarce, and/or valuable shore features including accretion shoreforms. 27
(f) Location and design of boating facilities should not unduly obstruct 28
navigable waters and should avoid adverse effects to recreational 29
opportunities such as fishing, pleasure boating, swimming, beach walking, 30
picnicking, and shoreline viewing. 31
(6) Breakwaters, Jetties, Groins, and Weirs Policies: 32
(a) To the extent feasible, limit the use of breakwaters, jetties, groins, weirs, 33
or other similar structures to those projects providing ecological 34
restoration or other public benefits. These structures should avoid or 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 9
January 2015
minimize significant ecological impacts. Impacts that cannot be avoided 1
should be mitigated. 2
(7) Dredging and Dredge Material Disposal Policies: 3
(a) Dredging and dredge material disposal should avoid and minimize 4
significant ecological impacts. Impacts that cannot be avoided should be 5
mitigated. 6
(b) Design and locate new shoreline development to minimize the need for 7
dredging. 8
(c) Limit dredging and dredge material disposal to the minimum necessary to 9
allow for shoreline restoration, flood hazard reduction, and maintenance of 10
existing legal moorage and navigation, and to support existing industrial 11
areas. Except for industrial development, dredging to provide for new 12
navigation uses is discouraged. 13
(d) Ensure dredging operations are planned and conducted in a manner that 14
will minimize interference with navigation and lessen adverse impacts to 15
other shoreline uses. 16
(8) Fill Policies: 17
(a) Limit fill waterward of the OHWM to support ecological restoration or to 18
facilitate water-dependent or public access uses. 19
(b) Allow fill consistent with floodplain regulations upland of the OHWM, 20
provided it is located, designed, and constructed to protect shoreline 21
ecological functions and ecosystem-wide processes, including channel 22
migration, and is the minimum necessary to implement an approved 23
project. 24
(9) In-stream Structures Policies: 25
(a) Locate, plan, and permit in-stream structures only when consistent with 26
the full range of public interests, ecological functions and processes, and 27
environmental concerns, with special emphasis on protecting and restoring 28
priority habitats and species. 29
(10) Mining Policies: 30
(a) Locate mining facilities outside shoreline jurisdiction whenever feasible. 31
(b) Do not allow mining in any location waterward of the OHWM. 32
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 10
January 2015
(c) Design and locate mining facilities and associated activities to prevent loss 1
of ecological function. Give preference to mining uses that result in the 2
creation, restoration, or enhancement of habitat for priority species. 3
(d) Protect waterbodies from sources of pollution, including, but not limited 4
to, sedimentation and siltation, chemical and petrochemical use, and 5
spillage and storage/disposal of mining wastes and spoils. 6
(e) Mining operations should be located, designed, and managed so that other 7
appropriate uses are not subjected to substantial or unnecessary adverse 8
impacts from noise, dust, or other effects of the operation. The operator 9
may be required to implement measures, such as buffers, limited hours, or 10
other mitigating measures, for the purpose of minimizing adverse 11
proximity impacts. 12
(11) Pier and Dock Policies: 13
(a) Pier and dock provisions should be consistent with the USACE McNary 14
Pool Management Plan. 15
(b) Moorage associated with a single-family residence is considered a 16
water-dependent use provided that it is designed and used as a facility to 17
access watercraft, and other moorage facilities are not available or 18
feasible. Moorage for water-related and water-enjoyment uses or shared 19
moorage for multi-family use should be allowed as part of a mixed-use 20
development or where it provides public access. 21
(c) New moorage, excluding docks accessory to single-family residences, 22
should be permitted when the applicant/proponent has demonstrated that a 23
specific need exists to support the intended water-dependent or public 24
access use. 25
(d) As an alternative to continued proliferation of individual private moorage, 26
mooring buoys are preferred over docks or floats. Shared moorage 27
facilities are preferred over single-user moorage where feasible, especially 28
where water-use conflicts exist or are predictable. New subdivisions of 29
more than two lots and new multi-family development of more than two 30
dwelling units should provide shared moorage where feasible. 31
(e) Docks, piers, and mooring buoys, including those accessory to 32
single-family residences, should avoid locations where they will adversely 33
impact shoreline ecological functions or processes, including high-velocity 34
currents and littoral drift. 35
(f) Moorage should be spaced and oriented in a manner that minimizes 36
hazards and obstructions to public navigation rights and corollary rights 37
thereto, such as , but not limited to, fishing, swimming, and pleasure 38
boating, and private riparian rights of adjacent land owners. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 11
January 2015
(g) Moorage should be restricted to the minimum size necessary to meet the 1
needs of the proposed use. The length, width, and height of piers and 2
docks should be no greater than that required for safety and practicality for 3
the primary use. 4
(h) Pile supports are preferred over fills because piles do not displace water 5
surface or aquatic habitat and are removable and thus are more flexible in 6
terms of long-term use patterns. Floats may be less desirable than pile 7
structures where aquatic habitat or littoral drift are significant. 8
(i) The use of buoys for small craft moorage is preferred over pile or float 9
structures because of less long-term impact on shore features and users; 10
moorage buoys should be placed as close to shore as possible to minimize 11
obstruction to navigation. 12
(j) Piers and docks should be constructed of materials that will not adversely 13
affect water quality or aquatic plants and animals in the long term. 14
(k) New pier and dock development should be designed so as not to interfere 15
with lawful public access to or use of shorelines. Developers of new piers 16
and shared moorage should be encouraged to provide physical or visual 17
public access to shorelines whenever safe and compatible with the primary 18
use and shore features. 19
(12) Recreational Development Policies: 20
(a) Shoreline recreational development should be given priority for shoreline 21
location to the extent that the use facilitates the public’s ability to reach, 22
touch, and enjoy the water's edge, to travel on the waters of the state, and 23
to view the water and the shoreline. Where appropriate, such facilities 24
should be dispersed along the shoreline in a manner that supports more 25
frequent recreational access and aesthetic enjoyment of the shoreline for a 26
substantial number of people. 27
(b) Recreational developments should facilitate appropriate use of shoreline 28
resources while conserving them. These resources include, but are not 29
limited to, accretion shoreforms, wetlands, soils, groundwater, 30
surface water, native plant and animal life, and shore processes. 31
(c) Recreational facilities should be a combination of active and passive 32
types. Location of such facilities should consider the ecological function 33
and sensitive nature of the shoreline in order to avoid adverse impacts. For 34
example, wildlife and habitat preservation areas with sensitive shoreline 35
habitat should have low-impact recreational uses. 36
(d) Recreational developments and plans should provide the regional 37
population with a varied and balanced choice of recreation experiences in 38
appropriate locations. Public agencies should coordinate their plans and 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 12
January 2015
activities to provide a wide variety of recreational opportunities without 1
needlessly duplicating facilities. 2
(e) Recreational development should encourage the linkage of shoreline 3
parks, recreation areas, and public access points with linear systems such 4
as hiking paths, bicycle paths, easements, and scenic drives. 5
(f) When feasible, recreation facilities should incorporate public education 6
regarding shoreline ecological functions and processes, the role of human 7
actions on the environment, and the importance of public involvement in 8
shoreline management. Opportunities incorporating educational and 9
interpretive information should be pursued in design and operation of 10
recreation facilities and nature trails. 11
(g) Recreational development should be located and designed to preserve, 12
enhance, or create scenic views and vistas. 13
(13) Residential Development Policies: 14
(a) Consider single-family residential development as a priority use. 15
(b) Locate and construct residential development in a manner that ensures no 16
net loss of shoreline ecological functions. 17
(c) Ensure the overall density of development, lot coverage, and height of 18
structures is appropriate to the physical capabilities of the site and 19
consistent with the Comprehensive Plan. 20
(d) Ensure new residential development provides adequate buffers or 21
open space from the water to protect ecological functions and 22
ecosystem-wide processes, preserve views, preserve shoreline aesthetic 23
characteristics, protect the privacy of nearby residences, and minimize use 24
conflicts. 25
(e) Make adequate provisions for services and infrastructure necessary to 26
support residential development. 27
(f) Design and locate residential development to preserve existing shoreline 28
vegetation, control erosion, and protect water quality. 29
(g) Design and locate new residences so shoreline stabilization will not be 30
necessary to protect the structure. The creation of new residential lots 31
should demonstrate the lots can be developed without: 32
(i) Constructing shoreline stabilization structures (such as bulkheads); 33
(ii) Causing significant erosion or slope instability; and 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 13
January 2015
(iii) Removing existing native vegetation within shoreline buffers. 1
(14) Shoreline Habitat and Natural Systems Enhancement Projects Policies: 2
(a) Include provisions for shoreline vegetation restoration or enhancement, 3
fish and wildlife habitat enhancement, and low-impact development 4
techniques in projects located within shoreline jurisdiction, where feasible. 5
(b) Encourage and facilitate implementation of projects and programs 6
included in the SMP Shoreline Restoration Plan. 7
(15) Shoreline Stabilization Policies: 8
(a) Locate and design new development, including subdivisions, to eliminate 9
the need for new shoreline modification or stabilization. 10
(b) Design, locate, size, and construct new or replacement structural shoreline 11
stabilization measures to minimize and mitigate the impact of these 12
modifications on the City’s shorelines. 13
(c) Give preference to non-structural shoreline stabilization measures over 14
structural shoreline stabilization, and give preference to soft structural 15
shoreline stabilization over hard structural shoreline stabilization. 16
(d) Allow location, design, and construction of riprap and other bank 17
stabilization measures primarily to prevent damage to existing 18
development or to protect the health, safety, and welfare of the City’s 19
residents. 20
(e) Encourage fish-friendly shoreline design during new construction and 21
redevelopment by offering incentives and regulatory flexibility. 22
(16) Utilities Policies: 23
(a) Allow for utility maintenance and extension with criteria for location and 24
vegetation restoration as appropriate. 25
(b) Plan, design, and locate utility facilities to minimize harm to shoreline 26
functions, preserve the natural landscape, and minimize conflicts with 27
present and future planned land and shoreline uses, while meeting the 28
needs of future populations in areas planned to accommodate growth. 29
(c) Do not permit new non-water-oriented primary utility production and 30
processing facilities or parts of those facilities, such as power plants, 31
solid waste storage, or disposal facilities, within shoreline jurisdiction 32
unless no other options are feasible. Primary utility facilities, such as 33
wastewater treatment plants, and expansion of existing facilities should be 34
located in shoreline jurisdiction only if no practical upland alternative or 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 14
January 2015
location exists. Such facilities and expansions should be designed and 1
located to minimize impacts on shoreline ecological functions, including 2
riparian and aquatic areas, and to the natural landscape and aesthetics. 3
Public health and safety should be the highest priority for the planning, 4
development, and operation of primary utility facilities. 5
(d) Locate utility transmission facilities for the conveyance of services, such 6
as power lines, cables, and pipelines, outside of shoreline jurisdiction 7
where feasible. Where permitted within shoreline jurisdiction, such 8
facilities should be located within existing or approved road crossings, 9
rights-of-way, and corridors or in such a way as to minimize potential 10
adverse impacts on shoreline areas. Joint use of rights-of-way and 11
corridors in shoreline areas should be encouraged. 12
(e) Locate new utility facilities so as not to require extensive shoreline 13
protection works. 14
(f) Locate utility facilities and corridors to protect scenic views from public 15
parks and trails. Whenever possible, such facilities should be placed 16
underground or alongside or under bridges. 17
(g) Design utility facilities and rights-of-way to preserve the natural landscape 18
and to minimize conflicts with present and planned land uses. 19
(17) Existing Uses Policies: 20
(a) Allow nonconforming, existing legal uses and structures to continue in 21
accordance with this SMP. Residential structures and appurtenant 22
structures that were legally established and are used for a conforming use 23
(but do not meet standards for setbacks, buffers, or yards), area, bulk, 24
height, or density, should be considered a conforming structure. 25
(b) Allow alterations of nonconforming structures, uses, and lots in 26
consideration of historic development patterns when occupied by preferred 27
uses and consistent with public safety and other public purposes. 28
(c) Encourage transitions from nonconforming uses to conforming uses. 29
(d) Allow for nonconforming structures to expand when they do not increase 30
the nonconformity according to SMP requirements. 31
(e) Allow for existing roads, driveways, and utility lines to continue and 32
expand when they do not increase the nonconformity according to SMP 33
requirements. 34
(f) Consider the no net loss of ecological function objective to guide review 35
of proposed expansions or other changes to nonconforming uses and new 36
development on nonconforming vacant lots. This objective may be 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 15
January 2015
addressed in an area-wide manner consistent with the SMP cumulative 1
impacts analysis. 2
4.5 Conservation Element 3
(Goals and policies for Environmental Protection, Critical Areas, and Shoreline Vegetation 4
Conservation, and Water Quality, Stormwater Management, and Nonpoint Pollution) 5
(1) Goals: 6
(a) Goal A: Protect the existing hydraulic, hydrologic, and habitat functions, 7
as well as scenic and recreational values, of City’s shorelines and the 8
McNary Pool. 9
(2) General Policies: 10
(a) Develop and implement management practices that will ensure a sustained 11
yield of renewable resources of the shorelines while preserving, 12
protecting, enhancing, and restoring unique and non-renewable shoreline 13
resources, environments, or features. 14
(b) To the greatest extent feasible, reclaim and restore areas that are 15
biologically and aesthetically degraded while maintaining appropriate use 16
of the shoreline. 17
(c) Preserve scenic vistas, aesthetics, fisheries and wildlife habitat, and other 18
critical areas. 19
(d) Protect shoreline processes and ecological functions through regulatory 20
and non-regulatory means that may include acquisition of key properties, 21
conservation easements, regulation of development within shoreline 22
jurisdiction, and incentives to private property owners to encourage 23
ecologically sound design and implementation of best land management 24
practices. 25
(e) Protect and manage shoreline-associated wetlands, including maintenance 26
of sufficient volumes of surface and subsurface drainage into wetlands, to 27
sustain existing vegetation and wildlife habitat. 28
(f) Work with other jurisdictional agencies in the region and with the private 29
sector to deal effectively with regional and watershed-wide natural 30
environment issues and the protection, preservation, and enhancement of 31
all shoreline areas as fish and wildlife habitat. 32
(g) Manage development to avoid risk and damage to property and loss of life 33
from geological conditions. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 16
January 2015
(h) Regulate development within the SMP area of the 100-year floodplain to 1
avoid risk and damage to property and loss of life. 2
(i) Prohibit the introduction of invasive plant species along the shoreline, and 3
encourage the removal of noxious and invasive weeds and trees. 4
(j) Protect, enhance, and maintain healthy vegetation consistent with the local 5
climate and nature of shoreline. 6
(3) Critical Areas: 7
(a) Goals: 8
(i) Goal A: Promote public health and welfare by instituting local 9
measures to preserve naturally occurring wetlands, critical aquifer 10
recharge areas, geologically hazardous areas, frequently flooded 11
areas (also see SMP Section I – 4.7: Flood Hazard Management 12
goals and policies), and fish and wildlife habitat conservation areas 13
that exist in the City’s shoreline jurisdiction for their associated 14
value. 15
(ii) Goal B: Reduce the threat posed to the health and safety of citizens 16
from commercial, residential, or industrial development that may 17
be sited in areas of significant geologic hazard. 18
(iii) Goal C: Identify categories of fish and wildlife habitat 19
conservation areas in the City’s shoreline jurisdiction, based in part 20
on information supplied by Washington State Department of Fish 21
& Wildlife’s (WDFW’s) Priority Habitat and Species Program and 22
other sources. 23
(iv) Goal D: Protect local wildlife values and reflect the needs and 24
desires of the public. 25
(b) Policies: 26
(i) Recognize that critical areas may serve a variety of vital functions, 27
including, but not limited to, flood storage and conveyance, water 28
quality protection, recharge and discharge areas for groundwater, 29
erosion control, sediment control, fish and wildlife habitat, 30
recreation, education, and scientific research. 31
(ii) Implement protection measures that strive to spare identified value 32
and function of critical areas that may be in jeopardy from new 33
development proposals. However, these regulations shall not 34
prohibit uses legally existing on any parcel prior to their adoption. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 17
January 2015
(iii) Avoid unnecessary duplication with various legal means and levels 1
of government that already address protection of wetlands, and 2
promote cooperation and coordination whenever possible. 3
(iv) Recognize that risks from geologic hazards can be reduced or 4
mitigated to acceptable levels through engineering design or 5
modified construction practices. In other cases where technological 6
efforts are not sufficient to reduce associated risks, building is best 7
avoided. Cooperate with federal, state, and private agencies and 8
individuals who have primary authority to manage specific fish 9
and wildlife habitat conservation areas within certain parts of the 10
City. 11
(v) Encourage preservation of adequate size blocks of land necessary 12
for species survival and corridor areas that allow for migratory 13
travel. 14
(vi) Recognize that species of wildlife in the City’s locality are in a 15
state of continuing flux, and a prudent understanding of this 16
phenomenon is vital in guiding decision makers to balance 17
conservation of wildlife species with promotion of wise, desirable 18
growth. 19
4.6 Historic, Cultural, Scientific, and Educational Resources Element 20
(1) Goals: 21
(a) Goal A: Identify, preserve, and protect historical, cultural, and 22
archaeological resources found to be significant by recognized local, state, 23
or federal processes. 24
(b) Goal B: Encourage educational and scientific projects and programs that 25
foster a greater appreciation for the importance of shoreline management, 26
water-oriented activities, environmental conservation, and local historic 27
connections with the City’s shoreline. 28
(2) Policies: 29
(a) Identify, protect, preserve, and restore important archeological, historic, 30
and cultural sites located in shoreline areas. 31
(b) Encourage educational projects and programs that foster a greater 32
appreciation of the importance of shoreline management, maritime 33
activities, environmental conservation, and maritime history, consistent 34
with protecting no net loss of ecological functions. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 18
January 2015
(c) Prevent public or private uses and activities from damaging, altering, 1
removing, or destroying any site having historic, cultural, scientific, or 2
educational value without appropriate analysis and mitigation. 3
4.7 Flood Hazard Management Element 4
(1) Goals: 5
(a) Goal A: Protect public safety within river floodways and floodplains while 6
recognizing that water levels in Columbia and Snake rivers are generally 7
stable as part of the McNary Pool. Protect natural systems by preserving 8
the flood storage function of floodplains. 9
(b) Goal B: Diminish potential hazards that may be caused by inappropriate 10
development in areas where severe and costly flooding is anticipated to 11
occur. 12
(2) Policies: 13
(a) Manage development proposed within floodplains and floodways 14
consistent with the SMA, Federal Emergency Management Agency 15
(FEMA) standards, and Critical Areas Regulations for frequently flooded 16
areas contained within this SMP. 17
(b) Implement protection measures designed to minimize hazards in 18
frequently flooded areas that already exist as detailed in 19
Pasco Municipal Code (PMC) 24.20, Provisions for Flood Hazard 20
Protection. 21
(c) Work with Franklin County and state and federal agencies to deal 22
effectively with regional flooding issues. 23
(d) Control stormwater runoff in a manner consistent with low-impact 24
development practices, which utilize natural detention, retention, and 25
recharge techniques. 26
(e) Prohibit any development within the floodplain that would individually or 27
cumulatively cause any increase in the base flood elevation beyond FEMA 28
standards. 29
4.8 Private Property Right 30
(1) Goals: 31
(a) Goal A: Recognize and protect private property rights in shoreline uses 32
and developments consistent with the public interest. 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 19
January 2015
(2) Policies: 1
(a) Shoreline uses should be located and designed to respect private property 2
rights, maintain privacy of private property, be compatible with the 3
shoreline environment, protect ecological functions and processes, and 4
protect aesthetic values of the shoreline. 5
(b) Public access to shoreline, such as trails, bikeways, or roads, should 6
consider privacy of private property owners when locating them near 7
private properties. 8
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 20
January 2015
SECTION II: Shoreline Regulations 1
Article I. Authority and Purpose 2
29.01.010 Authority 3
(1) The SMA of 1971, RCW 90.58, is the authority for the enactment and 4
administration of this SMP. 5
29.01.020 Applicability 6
(1) This SMP shall apply to all of the shoreline areas, waters, and critical areas within 7
the shoreline jurisdiction of the City as described in SMP Section I, Shoreline 8
Goals and Policies, Profile of the Shoreline Jurisdiction, within the city limits of 9
the City of Pasco . 10
(2) All proposed uses, activities, or development occurring within shoreline 11
jurisdiction must conform to the intent and requirements of RCW 90.58, the 12
SMA, and this SMP whether or not a permit or other form of authorization is 13
required. See SMP Shoreline Goals and Policies section for the shoreline 14
jurisdiction description and SMP Article VII for the definition of uses, activities, 15
and development. 16
(3) The SMP applies to shoreline jurisdiction within the City limits; this SMP will not 17
apply to shorelines in the UGAs until the annexation of the UGA areas to City is 18
finalized. 19
(4) Pursuant to WAC 173-27-060, federal agency activities may be required by other 20
federal laws to meet the permitting requirements of RCW 90.58. This SMP shall 21
apply to all nonfederal developments and uses undertaken on federal lands and on 22
lands subject to nonfederal ownership, lease, or easement, even though such lands 23
may fall within the external boundaries of federal ownership. 24
(5) As recognized by RCW 90.58.350, the provisions of this SMP shall not affect 25
treaty rights of Native American tribes. 26
(6) Maps indicating the extent of shoreline jurisdiction and shoreline designations are 27
guidance only. They are to be used in conjunction with the most current scientific 28
and technical information available, field investigations, and on-site surveys to 29
accurately establish the location and extent of shoreline jurisdiction when a 30
project is proposed. All areas meeting the definition of a shoreline of the state or a 31
SSWS, whether mapped or not, are subject to the provisions of this SMP . 32
29.01.030 Purpose 33
(1) The purposes of this SMP are: 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 21
January 2015
(a) To promote the public health, safety, and general welfare of the City by 1
providing comprehensive policies and effective, reasonable regulations for 2
development, use, and protection of jurisdictional shorelines; 3
(b) To further assume and carry out the local government responsibilities 4
established by the SMA in RCW 90.58.050, including planning and 5
administering the regulatory program consistent with the policy and 6
provisions of the SMA in RCW 90.58.020; 7
(c) To provide a high quality shoreline environment where: 8
(i) Recreational opportunities are abundant; 9
(ii) The public enjoys access to and views of shoreline areas; 10
(iii) Natural systems are preserved, restored, or enhanced; 11
(iv) Ecological functions of the shoreline are maintained and improved 12
over time; 13
(v) Water-oriented uses are promoted consistent with the shoreline 14
character and environmental functions; and 15
(d) To apply special conditions to those uses that are not consistent with the 16
control of pollution and prevention of damage to the natural environment 17
or are not unique to or dependent on use of the state's shoreline; and 18
(e) To ensure no net loss of ecological functions associated with the shoreline. 19
29.01.040 Relationship to Other Codes, Ordinances, and Plans 20
(1) All applicable federal, state, and local laws shall apply to properties in the 21
shoreline jurisdiction. Where this SMP makes reference to any RCW, WAC, or 22
other state or federal law or regulation, the most recent amendment or current 23
edition shall apply. 24
(2) In the event provisions of this SMP conflict with provisions of federal, state, or 25
city regulations, the provision that is most protective of shoreline resources shall 26
prevail. It is understood that the provisions of this SMP may not allow 27
development to occur at what otherwise might be the property's full zoning 28
potential. 29
(a) Local plans or programs include, but are not limited to: 30
(i) PMC 24.20 – Provisions for Flood Hazard Protection 31
(ii) PMC Title 23, Environmental Impact 32
(iii) PMC Title 25, Zoning 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 22
January 2015
(b) State and federal programs include, but are not limited to: 1
(i) Washington State Hydraulic Project Permits (HPA) 2
(ii) Washington State Pesticide Applicator License Requirements 3
(iii) Washington State Waste Discharge Permits 4
(iv) Washington State Water Quality Certification Requirements (401) 5
(v) USACE 404 Permits and Section 10 Permits 6
(3) The policies in the SMP, contained in the SMP elements, state those underlying 7
objectives that the regulations are intended to accomplish. The policies guide the 8
interpretation and enforcement of the SMP regulations contained in PMC 29.01. 9
The policies are not regulations in themselves and, therefore, do not impose 10
requirements beyond those set forth in the regulations. 11
(4) This SMP contains critical area regulations in PMC 29.01 Article V, applicable 12
only in shoreline jurisdictions that provide a level of protection to critical areas 13
assuring no net loss of shoreline ecological functions necessary to sustain 14
shoreline natural resources (RCW 36.70A.480). In the event of a conflict between 15
the requirements of this code and any other code or ordinance of the City, the 16
regulation that provides the greater protection for the particular critical area 17
within shoreline jurisdiction shall apply. 18
(5) Projects in the shoreline jurisdiction that have either been deemed technically 19
complete through the application process or have been approved through local 20
and state reviews prior to the adoption of this SMP are considered accepted. 21
Major changes or new phases of projects that were not included in the originally 22
approved plan will be subject to the policies and regulations of this SMP. 23
29.01.050 Liberal Construction 24
(1) According to RCW 90.58.900, SMA is exempted from the rule of strict 25
construction, and it shall be liberally construed to give full effect to the objectives 26
and purposes for which it was enacted. 27
29.01.060 Severability 28
(1) Should any section or provision of this SMP be declared invalid, such decision 29
shall not affect the validity of this SMP as a whole. 30
29.01.070 Effective Date 31
(1) The SMP is hereby adopted on the XX day of XX 2015. This SMP and all 32
amendments thereto shall become effective 14 days after final approval and 33
adoption by Ecology. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 23
January 2015
Article II. Environment Designation 1
29.01.100 Environment Designations 2
(1) The City has designated shorelines pursuant to RCW 90.58 by defining them, 3
providing criteria for their identification, and establishing shoreline ecological 4
functions to be protected. Project proponents are responsible for determining 5
whether a shoreline exists and is regulated pursuant to this SMP. The SMP 6
classifies the City’s shoreline into eight shoreline environment designations 7
consistent with the purpose and designation criteria as follows: 8
(a) Aquatic 9
(b) Natural 10
(c) Urban Conservancy 11
(d) Public Flood Protection 12
(e) Recreation 13
(f) High Intensity 14
(g) Shoreline Residential 15
(2) Official Shoreline Maps: 16
(a) Shoreline area designations are delineated on a map by Reach and 17
Subreach (SR), hereby incorporated as a part of this SMP (PMC 18
29.01.870), that shall be known as the Official Shoreline Map. Maps 19
indicating the extent of shoreline jurisdiction and shoreline designations 20
are to be used in conjunction with the most current scientific and technical 21
information available, field investigations, and on-site surveys to 22
accurately establish the location and extent of shoreline jurisdiction when 23
a project is proposed. 24
(3) Unmapped or Undesignated Shorelines: 25
(a) All areas meeting the definition of a shoreline of the state or a SSWS, 26
whether mapped or not, are subject to the provisions of this SMP. 27
(4) Interpretation of Environment Designation Boundaries: 28
(a) Whenever existing physical features are inconsistent with boundaries on 29
the Official Shoreline Map, the Shoreline Administrator shall interpret the 30
boundaries. Appeals of such interpretations may be filed pursuant to 31
PMC 29.01.810, Appeals. 32
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 24
January 2015
(b) All shoreline areas waterward of the OHWM shall be designated Aquatic. 1
(c) Only one shoreline area designation shall apply to a given shoreland area. 2
In the case of parallel designations, designations shall be divided along an 3
identified linear feature. Such linear features shall be clearly noted in the 4
metadata associated with the Official Shoreline Map. 5
(d) All areas within shorelines that are not mapped and/or designated are 6
automatically assigned an Urban Conservancy designation. 7
(e) Environment designations for shorelines within UGA will be effective 8
immediately upon annexation of the area into the City limits. 9
29.01.110 Aquatic 10
(1) Purpose: 11
(a) The purpose of the Aquatic shoreline designation is to protect, restore, and 12
manage the unique characteristics and resources of the areas waterward of 13
the OHWM. 14
(2) Designation Criteria: 15
(a) An Aquatic shoreline designation is assigned to lands and waters 16
waterward of the OHWM 17
(3) Management Policies: 18
(a) In addition to the other applicable policies and regulations of this SMP, 19
the following management policies shall apply: 20
(i) New over-water structures should be allowed only for 21
water-dependent uses, public access, recreation, or ecological 22
restoration. 23
(ii) Shoreline uses and modifications should be designed and managed 24
to prevent degradation of water quality and natural hydrographic 25
conditions. 26
(iii) In-water uses should be allowed where impacts can be mitigated to 27
ensure no net loss of shoreline ecological functions. Permitted 28
in-water uses must be managed to avoid impacts to shoreline 29
ecological functions. Unavoidable impacts must be minimized and 30
mitigated. 31
(iv) On navigable waters or their beds, all uses and developments 32
should be located and designed to: 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 25
January 2015
(A) Minimize interference with surface navigation; 1
(B) Consider impacts to public views; and 2
(C) Allow for the safe, unobstructed passage of fish and 3
wildlife, particularly species dependent on migration. 4
(b) Multiple or shared use of over-water and water-access facilities should be 5
encouraged to reduce the impacts of shoreline development and increase 6
effective use of water resources. 7
(c) Structures and activities permitted should be related in size, form, design, 8
and intensity of use to those permitted in the immediately adjacent upland 9
area. The size of new over-water structures should be limited to the 10
minimum necessary to support the structure's intended use. 11
(d) Natural light should be allowed to penetrate to the extent necessary to 12
support fisheries and nearshore aquatic habitat unless other illumination is 13
required by state or federal agencies. 14
(e) Shoreline uses, development, activities, and modifications in the Aquatic 15
shoreline designation requiring use of adjacent landside property should 16
be in a shoreline designation that allows that use, development, activity, or 17
modification. 18
29.01.120 Natural 19
(All islands, Subreach [SR] 1d) 20
(1) Purpose: 21
(a) The purpose of the Natural shoreline designation is to protect those 22
shoreline areas that are relatively free of human influence or that include 23
intact or minimally degraded shoreline ecological functions less tolerant of 24
human use. These systems require that only very low-intensity uses be 25
allowed in order to maintain the ecological functions and ecosystem-wide 26
processes. Consistent with the policies of the designation, restoration of 27
degraded shorelines within this environment is appropriate. 28
(2) Designation Criteria: 29
(a) The following criteria should be considered in assigning a Natural 30
environment designation: 31
(i) The shoreline ecological functions are substantially intact and have 32
a high opportunity for preservation and low opportunity for 33
restoration; 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 26
January 2015
(ii) The shoreline is generally in public or conservancy ownership or 1
under covenant, easement, or a conservation tax program; 2
(iii) The shoreline contains little or no development or is planned for 3
development that would have minimal adverse impacts to 4
ecological functions or risk to human safety; 5
(iv) The shoreline has high potential for low-impact, passive, or public 6
recreation; and 7
(v) The shoreline is considered to represent ecosystems and geologic 8
types that have high scientific and educational value. 9
(3) Management Policies: 10
(a) In addition to other applicable policies and regulations, the following 11
management policies shall apply: 12
(i) Any use beyond existing uses that would substantially degrade 13
shoreline ecological functions or natural character of the shoreline 14
area should not be allowed; 15
(ii) Scientific, historic, cultural, educational research, and low-impact, 16
passive recreational uses are allowed in addition to existing uses , 17
while meeting no net loss of ecological function requirements; 18
(iii) Single-family residential development may be allowed as a 19
conditional use if the density and intensity of such use is limited as 20
necessary to protect ecological functions and is consistent with the 21
purpose of the environment; 22
(iv) Vegetation should remain undisturbed except for removal of 23
noxious vegetation and invasive species through ongoing 24
management activities or as part of a development proposal. 25
Proposed subdivision or lot line adjustments, new development, or 26
significant vegetation removal that would reduce the capability of 27
vegetation to perform normal ecological functions should not be 28
allowed; 29
(v) Uses that would deplete physical or biological resources or impair 30
views to or from the shoreline over time should be prohibited; 31
(vi) Only physical alterations that serve to support an existing use, 32
protect a significant or unique physical, biological, or visual 33
shoreline feature that might otherwise be degraded or destroyed, or 34
those alterations that are the minimum necessary to support a 35
permitted use should be allowed; and 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 27
January 2015
(vii) Only the following types of signs should be considered for location 1
in the shorelines: interpretive; directional; navigational; regulatory; 2
and public. 3
29.01.130 Urban Conservancy 4
Open-space areas located water ward of the parcel boundaries in the 5
Columbia River Reach 1, Subreaches (SR) 3a (north portion of Chiawana Park), 6
3b, 5c (non-levee portion of the wetland near Riverview Park), and 6c (portion 7
water ward of the trail), Reach 7 (Sacajawea Park excluding the boat launch and 8
recreation area), and SR 8a. 9
(1) Purpose: 10
(a) The purpose of the Urban Conservancy environment is to protect and 11
restore ecological functions of open space, floodplain, and other sensitive 12
lands where they exist in urban and developed settings, while allowing a 13
variety of compatible uses 14
(2) Designation Criteria: 15
(a) The following criteria are used to consider an Urban Conservancy 16
environment designation: 17
(i) The shoreline contains open space, floodplain, or other sensitive 18
areas that should not be more intensively developed; 19
(ii) The shoreline has riparian vegetation with high to moderate 20
ecological functions; 21
(iii) The shoreline has potential for development that is compatible 22
with ecological restoration; or 23
(iv) The shoreline is not generally suitable for water-dependent uses, 24
however, has moderate to high potential for public, water-related, 25
or water-enjoyment uses where ecological functions can be 26
maintained or restored. 27
(3) Management Policies: 28
(a) In addition to the other applicable policies and regulations of this SMP, 29
the following management policies shall apply: 30
(i) Shoreline uses that preserve the natural character of the area or 31
promote preservation of open space, floodplain, or sensitive lands 32
either directly or during the long term should be the primary 33
allowed uses. Uses that result in restoration of ecological functions 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 28
January 2015
should be allowed if the use is otherwise compatible with the 1
purpose of the environment and the setting. 2
(ii) Encourage regulations for shoreline stabilization measures, 3
vegetation conservation, water quality, and shoreline modifications 4
to ensure no net loss of shoreline ecological functions; 5
(iii) Public access and public recreation uses should be allowed 6
whenever feasible and significant ecological impacts can be 7
mitigated; or 8
(iv) Water-oriented uses should be given priority over 9
non-water-oriented uses. For shoreline areas adjacent to 10
commercially navigable waters, water-dependent uses should be 11
given priority. 12
29.01.140 Public Flood Protection 13
Leveed areas along the Columbia River, where limited ecological function and 14
future development potential exists, and the areas are dedicated for public 15
recreation as part of the regional trail system. 16
(1) Purpose: 17
(a) The purpose of the Public Flood Protection environment designation is to 18
provide flood protection features while protecting shoreline ecological 19
functions with limitations imposed by the flood protection features, and 20
provide recreational opportunities. In addition to existing levees, examples 21
of uses that are appropriate in a Public Flood Protection shoreline 22
designation include public access and recreation uses consistent with the 23
protection of public safety and property by the flood protection features. 24
(2) Designation Criteria: 25
(a) The following criteria are used to consider a Public Flood Protection 26
environment designation: 27
(i) The shoreline has low to moderate ecological function with low to 28
moderate opportunity for preservation or restoration; 29
(ii) The shoreline is owned and maintained by public agencies; 30
(iii) The shoreline is highly developed, and most development is related 31
to flood protection, public utility, infrastructure, and low-intensity 32
recreation, facility rehabilitation, or upgrade modifications; 33
(iv) The shoreline has limited scientific or educational value or unique 34
historic or cultural resources values; or 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 29
January 2015
(v) The shoreline has low to moderate potential for public, 1
water-oriented recreation where ecological functions can be 2
maintained or restored. 3
(3) Management Policies: 4
(a) In addition to the other applicable policies and regulations of this SMP, 5
the following management policies shall apply: 6
(i) In regulating uses in the Public Flood Protection environment, first 7
priority should be given to flood protection and water-dependent 8
public-facility uses. Second priority should be given to 9
water-related and water-enjoyment uses that are not in conflict 10
with the flood protection uses. Non-water-oriented uses are 11
allowed as part of the operational needs. 12
(ii) Policies and regulations shall ensure no net loss of shoreline 13
ecological functions as a result of redevelopment, facility 14
upgrades, and new development. Where applicable, development 15
shall include environmental enhancement of the shoreline in 16
accordance with USACE McNary Pool Management Plan and the 17
City’s SMP Restoration Plan (to be developed in 2015). 18
(iii) Existing visual and physical public access opportunities shall be 19
maintained and enhanced where feasible and appropriate, as 20
consistent with PMC 29.01.260, Public Access. 21
(iv) Aesthetic objectives should be implemented by means such as 22
appropriate landscape features, screening, and maintenance of 23
natural vegetative buffers. 24
29.01.150 Recreation 25
(Chiawana, Wade, Riverview, Schlagel, and Sacajawea parks, marina, boat launch areas) 26
(1) Purpose: 27
(a) The purpose of the Recreation environment designation is to provide for 28
water-oriented recreational uses with some commercial uses to support 29
recreational uses while protecting existing ecological functions, 30
conserving existing natural resources, and restoring ecological functions in 31
areas that have been previously degraded. 32
(2) Designation Criteria: 33
(a) The following criteria are used to consider a Recreation environment 34
designation: 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 30
January 2015
(i) The shoreline has low to moderate ecological function with low to 1
moderate opportunity for preservation and restoration. 2
(ii) The shoreline is highly developed, and most development is 3
recreation-related with potential for additional recreation and 4
recreation-related commerce or is suitable and planned for 5
water-oriented uses. 6
(iii) The shoreline has existing recreation uses or moderate to high 7
potential for public and private water-oriented recreation where 8
ecological functions can be maintained or enhanced. 9
(iv) The shoreline has limited scientific or educational value or unique 10
historic or cultural resources values. 11
(3) Management Policies: 12
(a) In addition to the other applicable policies and regulations of this SMP, 13
the following management policies shall apply: 14
(i) In regulating uses in the Recreation environment, first priority 15
should be given to water-dependent recreational uses. Second 16
priority should be given to water-related and water-enjoyment 17
recreational uses. Non-water-oriented uses should not be allowed, 18
except as part of mixed-use developments with a recreation focus. 19
(ii) Policies and regulations shall ensure no net loss of shoreline 20
ecological functions as a result of new development. Consistent 21
with the City's SMP Restoration Plan (to be developed in 2015), 22
new development may be required, as applicable, to include 23
restoration of shoreline functions as part of project proposals. 24
(iii) Where feasible, visual and physical public access should be 25
required as provided for in PMC 29.01.260, Public Access. 26
Recreational objectives should be enhanced by combining physical 27
and visual public access opportunities with other recreational 28
opportunities where feasible. 29
(iv) Water-oriented commercial uses should be allowed. 30
(v) Aesthetic objectives should be implemented by means such as 31
sign-control regulations, appropriate development siting, 32
screening, and architectural standards, and maintenance of natural 33
vegetative buffers. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 31
January 2015
29.01.160 High Intensity 1
(Port of Pasco, Osprey Point, industrial areas on Columbia River SR 6c, and the 2
Snake River SR 8b) 3
(1) Purpose: 4
(a) The purpose of the High Intensity environment designation is to provide 5
for public and private commercial and industrial uses that need a shoreline 6
location for operation and are associated with water-oriented commerce 7
and industry. Examples of uses that are appropriate in a High Intensity 8
shoreline environment include water-oriented commercial uses, 9
water-supply diversion, transportation, navigation uses, barge and 10
conveyance facilities, and similar uses. This environment may also 11
provide for some recreation, while protecting existing ecological functions 12
and restoring ecological functions in areas that have been previously 13
degraded. 14
(2) Designation Criteria: 15
(a) Assign a High Intensity environment designation to shoreline areas where: 16
(i) The shoreline has low to moderate ecological function with low to 17
moderate opportunity for preservation or restoration. 18
(ii) The shoreline is highly developed, and most development is related 19
to public utility, infrastructure, industry, or commerce with 20
potential for additional related development, facility rehabilitation, 21
or upgrade modifications. 22
(iii) Existing landward industrial development exists and has potential 23
for future growth and development. 24
(iv) The operation of such uses depend on proximity to water, 25
including high-intensity uses related to industrial production, 26
conveyance, transportation, or navigation. 27
(v) The shoreline has limited scientific or educational value or unique 28
historic or cultural resources values. 29
(3) Management Policies: 30
(a) In addition to the other applicable policies and regulations of this SMP, 31
the following management policies shall apply: 32
(i) In regulating uses in the High Intensity environment, first priority 33
should be given to water-dependent commercial and industrial 34
uses. Second priority should be given to water-related and 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 32
January 2015
water-enjoyment uses that are not in conflict with the commercial 1
and industrial uses. Non-water-oriented uses are allowed as part of 2
mixed uses to support the water-oriented uses. 3
(ii) Policies and regulations shall ensure no net loss of shoreline 4
ecological functions as a result of redevelopment, facility 5
upgrades, and new development. Where applicable, development 6
shall include environmental cleanup and restoration of the 7
shoreline to comply in accordance with any relevant state and 8
federal law. 9
(iii) Where feasible and appropriate, visual and physical public access 10
provisions may be included as consistent with PMC 29.01.260, 11
Public Access. 12
(iv) Aesthetic objectives should be implemented by means such as 13
appropriate development siting, screening, and maintenance of 14
natural vegetative buffers. 15
29.01.170 Shoreline Residential 16
(Residential areas along the Columbia River in Reaches 1 and 2, SRs 4a and 4b, 17
and portions of SRs 5b and 6b) 18
(1) Purpose: 19
(a) The purpose of the Shoreline Residential environment designation is to 20
accommodate primarily residential development and appurtenant 21
structures, but also allow other types of development consistent with this 22
section. An additional purpose is to provide appropriate public access and 23
recreational uses. 24
(2) Designation Criteria: 25
(a) Assign a Shoreline Residential environment designation to shoreline areas 26
where: 27
(i) The shoreline has low to moderate ecological function with low to 28
moderate opportunity for restoration. 29
(ii) The shoreline contains mostly residential development at urban 30
densities or in clusters in more rural settings. 31
(iii) The shoreline has low to moderate potential for low-impact, 32
passive, or active water-oriented recreation where ecological 33
functions can be restored. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 33
January 2015
(3) Management Policies: 1
(a) In addition to the other applicable policies and regulations of this SMP, 2
the following management policies shall apply: 3
(i) Encourage regulations that ensure no net loss of shoreline 4
ecological functions as a result of new development such as 5
limiting lot coverage, providing adequate setbacks from the 6
shoreline, promoting vegetation conservation, reducing the need 7
for shoreline stabilization, and maintaining or improving water 8
quality. 9
(ii) The scale and density of new uses and development should be 10
compatible with the existing residential character of the area. 11
(iii) Public access and joint (rather than individual) use of recreational 12
facilities should be promoted. 13
(iv) Access, utilities, and public services to serve proposed 14
development within shorelines should be constructed outside 15
shorelines to the extent feasible and be the minimum necessary to 16
adequately serve existing needs and planned future development. 17
(v) Public or private outdoor recreation facilities should be provided 18
with proposals for subdivision development and encouraged with 19
all shoreline development, if compatible with the character of the 20
area. Priority should be given first to water-dependent and then to 21
water-enjoyment recreation facilities. 22
(vi) Commercial development should be limited to water-oriented uses. 23
Non-water-oriented commercial uses should only be allowed as 24
part of mixed-used developments. 25
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 34
January 2015
Article III. General Regulations 1
29.01.200 Shoreline Use and Modification 2
(1) Regulations: 3
(a) PMC Table 29.01.200 (2) indicates which shoreline activities, uses, 4
developments, and modifications may be allowed or are prohibited in 5
shoreline jurisdiction within each shoreline environment designation. 6
Activities, uses, developments, and modifications are classified as follows: 7
(i) “Permitted Uses” require a Shoreline Substantial Development 8
Permit or a Shoreline Exemption. 9
(ii) “Conditional Uses” require a Shoreline Conditional Use Permit per 10
PMC 29.01.750. 11
(iii) “Prohibited” activities, uses, developments, and modifications are 12
not allowed and cannot be permitted through a Variance or 13
Shoreline Conditional Use Permit. 14
(iv) General Regulations (PMC 29.01, Article III) and Shoreline 15
Modification and Uses Regulations (PMC 29.01, Article IV) shall 16
be considered for additional limitations. 17
(b) All uses shall comply with the written provisions and regulations in this 18
SMP and the shoreline use and modification matrix in PMC 29.01.200 (2). 19
Where there is a conflict between the chart and the written provisions in 20
this SMP, the written provisions shall control. 21
(2) General: 22
(a) Accessory uses shall be subject to the same shoreline permit process as 23
their primary use. 24
(b) Authorized uses and modifications shall be allowed only in shoreline 25
jurisdictions where the underlying zoning allows for it and subject to the 26
policies and regulations of this SMP. 27
(c) A use is considered unclassified when it is not listed in 28
Table 29.01.200 (2) or in the Shoreline Modification and Uses Regulations 29
(PMC 29.01, Article IV). Any proposed unclassified use may be 30
authorized as a conditional use provided that the applicant can 31
demonstrate consistency with the requirements of this SMP. 32
(d) If any part of a proposed activity, use, modification, or development is not 33
eligible for exemption per PMC 18.20.770 (Exemptions from Shoreline 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 35
January 2015
Substantial Development Permits), then a Shoreline Substantial 1
Development Permit or Shoreline Conditional Use Permit shall be 2
required for the entire proposed development project. 3
(e) When a specific use or modification extends into the Aquatic environment 4
and an abutting upland environment without clear separation (e.g., private 5
moorage facility or shoreline stabilization), the most restrictive permit 6
process shall apply to that use or modification. 7
(f) Shoreline and critical areas buffers found in PMC 29.01, Article V, apply 8
to all uses and modifications unless stated otherwise in the regulations. 9
(g) None of the allowed uses shall be conducted in the floodway in any 10
environment designation, except as allowed by PMC 29.01.550, Flood 11
Hazard Areas. 12
(h) Administrative interpretation of these regulations shall be done according 13
to PMC 29.01.710 (2). 14
(3) Shoreline Use and Modification Matrix: 15
Table 29.01.200 (2). Shoreline Use and Modification Matrix for City of Pasco 16
A = Allowed with Substantial Development Permit
C = Conditional Use
X = Prohibited
NA = Not Applicable
Use/Modification Aq
u
a
t
i
c
Na
t
u
r
a
l
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
Pu
b
l
i
c
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
Re
c
r
e
a
t
i
o
n
Hi
g
h
I
n
t
e
n
s
i
t
y
Sh
o
r
e
l
i
n
e
R
e
s
i
d
e
n
t
i
a
l
Resource Uses
Agriculture X X A1 X X X C
Mining X X C X X C X
Boating Facilities
Boat launch (motorized boats) A C C A A A C
Boat launch (non-motorized boats – canoe/kayak) A C A A A A A
Marina A X C C A A C
Docks, Piers, Mooring Facilities
Private and shared moorage A X A A A A A
Public moorage A X A A A A C
Covered moorage C X X X C C X
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 36
January 2015
A = Allowed with Substantial Development Permit
C = Conditional Use
X = Prohibited
NA = Not Applicable
Use/Modification Aq
u
a
t
i
c
Na
t
u
r
a
l
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
Pu
b
l
i
c
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
Re
c
r
e
a
t
i
o
n
Hi
g
h
I
n
t
e
n
s
i
t
y
Sh
o
r
e
l
i
n
e
R
e
s
i
d
e
n
t
i
a
l
Commercial Development
Water-dependent C X A A A A A
Water-related, water-enjoyment X X C C A A C
Non-water-oriented C2 X C2 C2 A2 A2 X
Dredging Activities
Dredging A NA NA NA NA NA NA
Dredge material disposal A X C C C C C
Dredging and disposal as part of ecological
restoration/enhancement A A A A A A A
Fill and Excavation
Fill Waterward of OHWM and in floodways C C C C C C C
Other upland fill NA C A A A A A
Excavation NA C3 Takes permit types of primary use
Industrial Uses
Water-dependent A X X C X A X
Water-related, water-enjoyment A X X C X A
Non-water-oriented X X X C2 X A X
In-water Modifications
Breakwater C X C C C C C
Groins and weirs C X C C C C C
In-stream structures4 A C3 C3 C4,3 C3 C C
Recreational Development
Water-dependent A A5 A5 A A A A
Water-related, water-enjoyment (trails, accessory
buildings) C C5 A5 A A A A
Non-water-oriented X X C2 C2 A2 A2 A2
Residential Development X C A X C X A
Research and Monitoring
Water-dependent A A5 A5 A A A A5
Water-related, water-enjoyment A C5 A5 A A A C5
Non-water-oriented X X X X X X X
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 37
January 2015
A = Allowed with Substantial Development Permit
C = Conditional Use
X = Prohibited
NA = Not Applicable
Use/Modification Aq
u
a
t
i
c
Na
t
u
r
a
l
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
Pu
b
l
i
c
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
Re
c
r
e
a
t
i
o
n
Hi
g
h
I
n
t
e
n
s
i
t
y
Sh
o
r
e
l
i
n
e
R
e
s
i
d
e
n
t
i
a
l
Shoreline Habitat and Natural Systems
Enhancement Projects A A A A A A A
Shoreline Stabilization and Flood Control
Flood Control
Modification of existing flood control facilities
(Dams, Dikes and Levees), including replacement
landward of existing location
A A A A A A A
New flood control facilities (Dams, Dikes and
Levees) C C6 C C C A C
Shoreline Stabilization – New
Hard C X C C C A C
Soft A A A A A A A
Shoreline Stabilization – Replacement7 A A A A A A A
Transportation
Highways, arterials, railroads (parallel to OHWM) C X A A A A A
Secondary/public access roads (parallel to OHWM) X X A A A A A
Roads perpendicular to the OHWM X C A A A A A
Bridges (perpendicular to shoreline) C C C A A A C
Existing bridges, trails, roads, and parking facilities:
improvement or expansion A A A A A A A
New parking, primary X C C A8 A8 A8 X
New parking, accessory Takes permit types of primary use
Utilities
Above-ground and underground utilities (parallel
and across shoreline) C C A A A A A
Notes: 1
1. Allowed when agricultural uses are passive, such as livestock grazing, harvesting of non-cultivated crops, or 2
small-scale farms, or when ecological functions are degraded to the point where the land is functionally equivalent 3
to cultivated land. 4
2. New uses are allowed as part of mixed use or according to PMC 29.01.340(2) for commercial development, 5
PMC 29.01.370(2) for industrial development, or as part of an existing use according to Article VI, Existing Uses, 6
Structures and Lots. 7
3. Habitat restoration and/or fish habitat enhance purposes only. 8
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 38
January 2015
4. Construction, practices, and maintenance of facilities necessary for flood protections or Columbia Basin Project 1
operations and associated water-dependent uses to access, pump, and convey water for project purposes to public 2
agencies or private water users and as consistent with permit exemptions described in PMC 29.01.770. 3
5. Low intensity only. 4
6. Only when no other alternatives are available. 5
7. Exempt for protective bulkhead common to single-family residences according to PMC 29.01.770 (4) and when 6
consistent with PMC 29.01.440 (5) and (6). 7
8. Not allowed within 50 feet of edge of riparian vegetation corridor. 8
OHWM = ordinary high water mark 9
10
29.01.210 Development Standards 11
(1) Regulations: 12
(a) To preserve the existing and planned character of the shoreline consistent 13
with the purposes of the shoreline environment designations, development 14
standards are provided in the table below. These standards apply to all 15
uses and modifications unless otherwise indicated. In addition, shoreline 16
developments shall comply with all other dimensional requirements of the 17
PMC. 18
(b) When a development or use is proposed that does not comply with the 19
dimensional performance standards of this SMP, not otherwise allowed by 20
administrative reduction or administrative modification, such development 21
or use can only be authorized by approval of a Shoreline Variance Permit. 22
(c) No permit shall be issued for any new or expanded building or structure of 23
more than 35 feet above average grade level on shorelines of the state that 24
will obstruct the view of a substantial number of residences on areas 25
adjoining such shorelines, except for Public Flood Protection and 26
High Intensity environment designation areas, or where the SMP does not 27
prohibit the same and then only when overriding considerations of the 28
public interest will be served. 29
(2) Shoreline Development Standards Matrix: 30
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 39
January 2015
Table 29.01.210 (2) 1
Shoreline Development Standards Matrix for City of Pasco 2
Use/Modification Aq
u
a
t
i
c
Na
t
u
r
a
l
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
Pu
b
l
i
c
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
Re
c
r
e
a
t
i
o
n
Hi
g
h
I
n
t
e
n
s
i
t
y
Sh
o
r
e
l
i
n
e
R
e
s
i
d
e
n
t
i
a
l
Building height1 15 35 35 35 35 35 35
Building line setback in feet NA 10 - 15
Impervious surface cover (%)
(starting point for discussions) NA 5% 20 NA 20
As
dictated
by
zoning
40
Riparian buffer width in feet2, 3 NA Entire
area 754 504 504 504 504
Trail width in feet NA NA
10 feet or as required by Americans with
Disabilities Act regulations. Trails on private
properties and not open for public use shall be up
to 5-feet-wide.
Notes: 3
1. According to 29.01.210 (1)(c) 4
2. Measured from the OHWM or top of bank as applicable. 5
3. Accompanied by stormwater management measures/facilities, as applicable 6
4. Except where roadway, paved trail, or parking area encroaches and then to the waterward edge of the facility 7
maintenance area, as applicable 8
NA = not applicable 9
10
29.01.220 Archaeological and Historic Resources 11
(1) In all developments, whenever an archaeological area or historic site is discovered 12
by a development in the shoreline area, the developer shall comply with 13
applicable state and federal laws and regulations. 14
29.01.230 Environmental Protection 15
(1) All project proposals, including those for which a Shoreline Substantial 16
Development Permit is not required, shall comply with RCW 43.21C, the 17
Washington State Environmental Policy Act (SEPA). 18
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 40
January 2015
(2) Applicants shall apply the following mitigation sequencing steps in order of 1
priority to avoid or minimize significant adverse effects and significant ecological 2
impacts (with (a) being top priority): 3
(a) Avoid the adverse impact altogether by not taking a certain action or parts 4
of an action; 5
(b) Minimize adverse impacts by limiting the degree or magnitude of the 6
action and its implementation by using appropriate technology or by 7
taking affirmative steps to avoid or reduce impacts; 8
(c) Rectify the adverse impact by repairing, rehabilitating, or restoring the 9
affected environment to the conditions existing at the time of the initiation 10
of the project; 11
(d) Reduce or eliminate the adverse impact over time by preservation and 12
maintenance operations; 13
(e) Compensate for the adverse impact by replacing, enhancing, or providing 14
substitute resources or environments; and 15
(f) Monitor the adverse impact and the compensation projects and taking 16
appropriate corrective measures. 17
(3) Projects that cause significant adverse environmental impacts, as defined in 18
WAC 197-11-794 and PMC 29.01.860, Definitions, are not allowed unless 19
mitigated according to PMC 29.01.230 (2), above, to avoid reduction or damage 20
to ecosystem-wide processes and ecological functions. As part of this analysis, the 21
applicant shall evaluate whether the project may adversely affect existing 22
hydrologic connections between streams and wetlands and either modify the 23
project or mitigate any impacts as needed. 24
(4) When compensatory measures are appropriate pursuant to the mitigation priority 25
sequence above, preferential consideration shall be given to measures that replace 26
the adversely impacted functions directly and in the immediate vicinity of the 27
adverse impact. However, alternative compensatory mitigation may be authorized 28
within the affected drainage area or watershed that addresses limiting factors or 29
identified critical needs for shoreline resource conservation based on watershed or 30
resource management plans, including the Shoreline Restoration Plan, applicable 31
to the area of adverse impact. Authorization of compensatory mitigation measures 32
may require appropriate safeguards, terms, or conditions as necessary to ensure no 33
net loss of ecological functions. 34
29.01.240 Shoreline Vegetation Conservation 35
(1) Vegetation conservation standards shall not apply retroactively to existing uses 36
and developments. Vegetation associated with existing structures, uses, and 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 41
January 2015
developments may be maintained within shoreline jurisdiction as stipulated in the 1
approval documents for the development. 2
(2) Regulations specifying establishment and management of shoreline buffers are 3
located in the PMC 29.01, Article V, Critical Areas. Vegetation within shoreline 4
buffers, other stream buffers, and wetlands and wetland buffers shall be managed 5
consistent with the PMC 29.01, Article V. 6
(3) Vegetation outside of shoreline buffers, other stream buffers, and wetlands and 7
wetland buffers and within shoreline jurisdiction shall be managed according to 8
this PMC 29.01.230, Environmental Protection, and any other regulations specific 9
to vegetation management contained in other sections of this SMP. 10
(4) Vegetation clearing outside of wetlands and wetland and stream buffers shall be 11
limited to the minimum necessary to accommodate approved shoreline 12
development that is consistent with all other provisions of this SMP. Mitigation 13
sequencing per PMC 29.01.230, Environmental Protection, shall be applied so the 14
design and location of the structure or development minimizes native vegetation 15
removal. 16
(5) Removal of noxious weeds and/or invasive species shall be incorporated in 17
management and mitigation plans, as necessary, to facilitate establishment of a 18
stable community of native plants. 19
29.01.250 Water Quality, Stormwater, and Nonpoint Pollution 20
(1) The location, design, construction, and management of all shoreline uses and 21
activities shall protect the quality and quantity of surface and groundwater 22
adjacent to the site. 23
(2) When applicable, all shoreline development should comply with the requirements 24
of the latest version of Ecology's Stormwater Management Manual for Eastern 25
Washington. 26
(3) Best management practices (BMPs) for control of erosion and sedimentation shall 27
be implemented for all shoreline development. 28
(4) Potentially harmful materials, including, but not limited to, oil, chemicals, tires, or 29
hazardous materials, shall not be allowed to enter any body of water or wetland, 30
or to be discharged onto the land. Potentially harmful materials shall be 31
maintained in safe and leak-proof containers. 32
(5) Within 25 feet of a waterbody, herbicides, fungicides, fertilizers, and pesticides 33
shall be applied in strict conformance to the manufacturer’s recommendations and 34
in accordance with relevant state and federal laws. Further, pesticides subject to 35
the final ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied 36
within 60 feet for ground applications or within 300 feet for aerial applications of 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 42
January 2015
the subject waterbodies and shall be applied by a qualified professional in 1
accordance with state and federal law. 2
(6) New development shall provide stormwater management facilities designed, 3
constructed, and maintained in accordance with the latest version of the 4
Ecology's Stormwater Management Manual for Eastern Washington, including 5
the use of BMPs. Additionally, new development shall implement low-impact 6
development techniques where feasible and necessary to fully implement the core 7
elements of the Surface Water Design Manual. 8
(7) For development activities with the potential for adverse impacts on water quality 9
or quantity in a stream or Fish and Wildlife Habitat Conservation Area, a 10
Critical Areas Report as prescribed in the PMC 29.01, Article V, Critical Areas, 11
shall be prepared. Such reports should discuss the project’s potential to exacerbate 12
water quality parameters, which are impaired, and for which total maximum daily 13
loads for that pollutant have been established, and prescribe any necessary 14
mitigation and monitoring. 15
(8) All materials that may come in contact with water shall be constructed of 16
materials, such as untreated wood, concrete, and approved plastic composites or 17
steel, that will not adversely affect water quality or aquatic plants or animals. 18
Materials used for decking or other structural components shall be approved by 19
applicable state agencies for contact with water to avoid discharge of pollutants 20
from wave or boat wake splash, rain, or runoff. Wood treated with creosote, 21
copper chromium arsenic, or pentachlorophenol is prohibited in shoreline 22
waterbodies. 23
29.01.260 Public Access 24
(1) Applicants required to provide shoreline public access shall provide physical or 25
visual access, consistent with the City of Pasco’s Public Access Plan and other 26
agencies’ management plans when applicable, unless specifically exempted in this 27
section. Examples of physical and visual access are listed below: 28
(a) Visual Access. Visual public access may consist of view corridors, 29
viewpoints, or other means of visual approach to public waters. 30
(b) Physical Access. Physical public access may consist of a dedication of 31
land or easement and a physical improvement in the form of a walkway, 32
trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, 33
view platform, or other area serving as a means of physical approach to 34
public waters. 35
(2) Except as provided in PMC 29.01.260 (3) below, new uses shall provide for safe 36
and convenient public access to and along the shoreline where any of the 37
following conditions are present: 38
(a) The development is proposed by a public entity or on public lands; 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 43
January 2015
(b) The nature of the proposed use, activity, or development will likely result 1
in an increased demand for public access to the shoreline; 2
(c) The proposed use, activity, or development is not a water-oriented or other 3
preferred shoreline use, activity, or development under the SMA such as a 4
non-water-oriented commercial or recreational use; 5
(d) The proposed use, activity, or development may block or discourage the 6
use of customary and established public access paths, walkways, trails, or 7
corridors; 8
(e) The proposed use, activity, or development will interfere with the public 9
use, activity, and enjoyment of shoreline areas or waterbodies subject to 10
the public trust doctrine; 11
(f) The proposed use, activity, or development includes key areas for public 12
access recommended in the City’s Public Access Plan and/or 13
Shoreline Restoration Plan; or 14
(g) The proposed activity is a publicly financed shoreline erosion-control 15
measure (when feasible). 16
(3) An applicant shall not be required to provide public access where one or more of 17
the following conditions apply, provided such exceptions shall not be used to 18
prevent implementing the City’s Public Access Plan and other agencies’ 19
management plans. In determining the infeasibility, undesirability, or 20
incompatibility of public access in a given situation, the City shall consider 21
alternative methods of providing public access, such as off-site improvements, 22
viewing platforms, separation of uses through site planning and design, and 23
restricting hours of public access: 24
(a) Proposed use, activity, or development only involves the construction of 25
four or fewer single-family or multi-family dwellings; 26
(b) Proposed use is within an area where public access is not proposed in the 27
Public Access Plan, and the use will not increase public access demand or 28
reduce public access; 29
(c) Proposed use is an agricultural activity; 30
(d) The nature of the use, activity, or development or the characteristics of the 31
site make public access requirements inappropriate due to health, safety 32
(including consistency with Crime Prevention Through Environmental 33
Design [CPTED] principles, where applicable), or environmental hazards; 34
the proponent shall carry the burden of demonstrating by substantial 35
evidence the existence of unavoidable or unmitigable threats or hazards to 36
public health, safety, or the environment that would be created or 37
exacerbated by public access upon the site; 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 44
January 2015
(e) An existing, new, or expanded road or utility crossing through shoreline 1
jurisdiction shall not create the need for public access if the development 2
being accessed or served by the road or utility is located outside of 3
shoreline jurisdiction; 4
(f) The proposed use, activity, or development has security requirements that 5
are not feasible to address through the application of alternative design 6
features for public access such as off-site improvements, viewing 7
platforms, and separation of uses through site planning and design; 8
(g) The economic cost of providing for public access at the site is 9
unreasonably disproportionate to the total long-term economic value of the 10
proposed use, activity, or development; 11
(h) Safe and convenient public access already exists in the general vicinity, 12
and/or the Public Access Plan shows adequate public access at the 13
property; 14
(i) Public access has reasonable potential to threaten or harm the natural 15
functions and native characteristics of the shoreline and/or is deemed 16
detrimental to threatened or endangered species under the 17
Endangered Species Act; and 18
(j) The site is within or part of an overall development, a binding Site Plan, or 19
a planned unit development, which has previously provided public access 20
adequate to serve the project in full build-out through other application 21
processes. 22
(4) Public access shall be located and designed to respect private property rights, be 23
compatible with the shoreline environment, protect ecological functions and 24
processes, protect aesthetic values of shoreline, and provide for public safety 25
(including consistency with CPTED principles, where applicable). 26
(5) For any development where public access in not required, shared community 27
access may be allowed if there is no existing or planned public access along the 28
shoreline identified in the City, and other agencies' plan. Where provided, 29
community access shall be subject to all applicable development standards of this 30
section. Shared community access is not required when any of the conditions 31
under PMC 29.01.260 (3) applies. 32
(6) General Performance Standards: 33
(a) Uses, activities, and developments shall not interfere with the regular and 34
established public use. 35
(b) Shoreline substantial development or conditional uses shall minimize the 36
impact on views of shoreline waterbodies from public land or substantial 37
numbers of residences. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 45
January 2015
(c) Proponents shall include within their shoreline applications an evaluation 1
of a proposed use, activity, or development's likely adverse impact on 2
current public access and future demands for access to the site. Such 3
evaluation shall consider potential alternatives and mitigation measures to 4
further the policies of this SMP and the provisions of this section. 5
(d) Public access easements, trails, walkways, corridors, and other facilities 6
may encroach upon any buffers or setbacks required in PMC 29.01, 7
Article V, Critical Areas, or under other provisions of this SMP, provided 8
that such encroachment does not conflict with other policies and 9
regulations of this SMP, and no net loss of ecological function can be 10
achieved. Any encroachment into a buffer or setback must be as close to 11
the landward edge of the buffer as possible. 12
(e) Public access facilities shall accommodate persons with disabilities, unless 13
determined infeasible by the Shoreline Administrator. 14
(7) Trails and Levees: 15
(a) Existing improved and primitive public trails shall be maintained and 16
enhanced. 17
(b) Shoreline in private ownership should provide public access when feasible 18
as follows: 19
(i) Easement for public access; and 20
(ii) Physical or visual public access when feasible and when 21
mentioned in the City’s Public Access Plan, or other agencies’ 22
management plan. 23
(c) Where public access is to be provided by dedication of public access 24
easements along the OHWM, the minimum width of such easements shall 25
be 20 feet. 26
(d) The total width of trail, including shoulders, shall be 10 feet maximum or 27
as required by Americans with Disabilities Act (ADA) regulations. 28
(e) Pervious pavings are encouraged for all trails and are required for trail 29
shoulders. 30
(f) Trails should make use of an existing constructed grade such as those 31
formed by an abandoned rail grade, road, or utility when feasible. 32
(g) Trails shall be located, constructed, and maintained so as to avoid, to the 33
maximum extent possible, removal and other impacts to perennial native 34
vegetation consistent with a Habitat Management Plan. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 46
January 2015
(h) Trails on private properties and not open for public use shall be up to 1
5 feet wide. 2
(8) Rights-of-way, Easements, and Streets for Public Access: 3
(a) The City shall maintain public rights-of-ways or easements as a means of 4
retaining public access on the shoreline. Proposed use, activity, or 5
developments shall maintain public access provided by public street ends, 6
public utilities, and rights-of-way. 7
(b) The public easements required pursuant to this section, for the purpose of 8
providing access across or through the site to the OHWM, shall be 9
maintained by the property owner to provide for reasonable and safe 10
public access to the OHWM. 11
(9) Where public access routes terminate, connections should be made with the 12
nearest public street unless determined by the Shoreline Administrator to be 13
infeasible. Public access facilities required for an approved or permitted use, 14
activity, or development shall be completed prior to occupancy and use of the site 15
or operation of the activity. Public access shall make adequate provisions, such as 16
screening, buffer strips, fences, and signs, to prevent trespass upon adjacent 17
properties and to protect the value and enjoyment of adjacent or nearby private 18
properties and natural areas. 19
(10) Off-site public access may be permitted by the City where it results in an equal or 20
greater public benefit than on-site public access, or when on-site limitations of 21
security, environment, compatibility, or feasibility are present. Off-site public 22
access may include, but is not limited to, adequate access on public lands in 23
proximity to the site, opportunity to increase public lands and access with 24
adjoining or proximate public area, enhancing a City-designated public property 25
(e.g., existing public recreation site, existing public access, road abutting a body 26
of water, or similar) in accordance with City standards, or other related measures. 27
(11) Signage: 28
(a) Signage to be approved by the Shoreline Administrator shall be 29
conspicuously installed along public access easements, trails, walkways, 30
corridors, and other facilities to indicate the public's right of use and the 31
hours of operation. Public access and interpretive displays may be 32
provided for publicly funded restoration projects where significant 33
ecological impacts are addressed. The proponent shall bear the 34
responsibility for establishing and maintaining signs. 35
(b) The Shoreline Administrator may require the proponent to post signage 36
restricting or controlling the public’s access to specific shoreline areas. 37
The proponent shall bear the responsibility for establishing and 38
maintaining such signage. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 47
January 2015
29.01.270 Flood Hazard Reduction 1
(1) Development in floodplains shall avoid significantly or cumulatively increasing 2
flood hazards. Development shall be consistent with this SMP, as well as 3
applicable guidelines of FEMA and PMC 29.01.550, Flood Hazard Areas, and 4
PMC 24.20, Provisions for Flood Hazard protection. 5
(2) Existing structural flood hazard reduction measures, such as levees, may be 6
repaired and maintained as necessary to protect legal uses on the landward side of 7
such structures. Increases in height of an existing levee, with any associated 8
increase in width, that may be needed to prevent a reduction in the authorized 9
level of protection of existing legal structures and uses shall be considered an 10
element of repair and maintenance. 11
(3) Flood hazard reduction measures shall not result in channelization of normal 12
stream flows, interfere with natural hydraulic processes such as channel 13
migration, or undermine existing structures or downstream banks. 14
(4) New development and subdivisions. Approve new development or subdivisions 15
when it can be reasonably foreseeable that the development or use would not 16
require structural flood hazard reduction measures within floodway during the life 17
of the development or use consistent with the following 18
(WAC 173-26-221(3)(c)(i)): 19
(a) Floodway: 20
(i) New development and subdivisions shall be subject to applicable 21
floodway regulations in PMC 29.01.550, Flood Hazard Areas, and 22
PMC 24.20, Provisions for Flood Hazard protection. 23
(5) New public and private structural flood hazard reduction measures shall be 24
approved when a scientific and engineering analysis demonstrates the following: 25
(a) They are necessary to protect existing development; 26
(b) Non-structural measures such as setbacks, land use controls, wetland 27
restoration, dike removal, use or structure removal or relocation, 28
biotechnical measures, and stormwater management programs are not 29
feasible; 30
(c) Adverse impacts on ecological functions and priority species and habitats 31
can be successfully mitigated so as to ensure no net loss; and 32
(d) Appropriate vegetation conservation actions are undertaken consistent 33
with PMC 29.01.240, Shoreline Vegetation Conservation. 34
(6) Flood hazard reduction measures shall be placed landward of associated wetlands 35
and designated shoreline buffers, except for actions that increase ecological 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 48
January 2015
functions, such as wetland restoration, or when no other alternative location to 1
reduce flood hazard to existing development is feasible as determined by the 2
Shoreline Administrator. 3
(7) New public structural flood hazard reduction measures, such as levees, shall 4
dedicate and improve public access pathways, unless public access improvements 5
would cause unavoidable health or safety hazards to the public, inherent and 6
unavoidable security problems, unacceptable and unmitigable significant adverse 7
ecological impacts, unavoidable conflict with the proposed use, or a cost that is 8
disproportionate and unreasonable to the total long-term cost of the development. 9
(8) In those instances when management of vegetation as required by this SMP 10
conflicts with vegetation provisions included in state, federal, or other flood 11
hazard agency documents governing City-authorized, legal flood hazard reduction 12
measures, the vegetation requirements of this SMP will not apply. However, the 13
applicant shall submit documentation of these conflicting provisions with any 14
shoreline permit applications and shall comply with all other provisions of this 15
section and this SMP that are not strictly prohibited by the approving flood hazard 16
agency. 17
(9) The removal of gravel or other riverbed material for flood-management purposes 18
shall be consistent with the PMC 29.01.350, Dredging and Dredge Material 19
Disposal, and PMC 29.01.390, Mining, and be allowed only after a biological and 20
physical conditions study shows extraction has no effect on or provides a 21
long-term benefit to flood hazard reduction, and does not result in a net loss of 22
ecological functions. 23
(10) Roads shall be located outside the floodway, except necessary crossings, which 24
shall be placed perpendicular to the waterbody as much as is physically feasible. 25
New transportation facilities shall be designed so the effective base flood storage 26
volume of the floodplain is not reduced. The applicant shall provide all necessary 27
studies, reports, and engineering analyses, which shall be subject to review and 28
modification by the Shoreline Administrator. If proposed transportation facilities 29
effectively provide flood control, they shall comply with policies and regulations 30
of this section. 31
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 49
January 2015
Article IV. Shoreline Modifications and Use Regulations 1
29.01.300 Agriculture 2
(1) The SMP shall not require modification of or limit existing agricultural activities 3
occurring on agricultural lands consistent with RCW 90.58.065. 4
(2) For shoreline areas used for agriculture, new uses, activities, and development 5
that are not existing and ongoing, agriculture shall be subject to the following 6
requirements: 7
(a) Such uses, activities, and development shall be allowed or permitted in a 8
manner to ensure maintenance of ecological functions and be consistent 9
with the City’s land use plan. 10
(b) If the new use, activity, or development is more intensive than the existing 11
land use, no significant vegetation removal, development, or grading shall 12
occur in the shoreline buffer without associated mitigation, except as 13
necessary to accommodate low-intensity, water-dependent uses and public 14
access that sustains ecological functions. 15
(c) New agricultural lands created by diking, draining, or filling wetlands 16
shall not be allowed. 17
(d) Conversion of land for new agricultural use or activities that are not 18
consistent with the PMC Title 25, Zoning, shall not be allowed. 19
(3) A Substantial Development Permit shall be required for all agricultural 20
developments not specifically exempted by the provisions of 21
PMC 29.01.770 (4)(e) except for agricultural developments in 22
Shoreline Residential environment designation where a Shoreline Conditional Use 23
Permit shall be required. 24
(4) SMP provisions shall apply in the following cases: 25
(a) New agricultural activities on land not meeting the definition of 26
agricultural land; 27
(b) Expansion of agricultural activities on non-agricultural lands; 28
(c) Conversion of agricultural lands to other uses; 29
(d) Other development on agricultural land that does not meet the definition 30
of agricultural activities; and 31
(e) Agricultural development and uses not specifically exempted by the SMA. 32
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 50
January 2015
(5) New non-agricultural activities proposed on agricultural lands shall be consistent 1
with the environment designation and the Shoreline Use and Modification Matrix 2
table (PMC 29.01.200 (2)), as well as other applicable shoreline use standards, 3
including Commercial (PMC 29.01.340) or Residential (PMC 29.01.420). 4
(6) Agricultural uses and development shall be located and designed to ensure no net 5
loss of ecological functions and no significant adverse impact on other shoreline 6
resources and values. 7
(7) New feedlots are prohibited in shoreline areas. 8
(8) Agricultural uses and activities shall prevent and control erosion of soils and bank 9
materials within shoreline areas. They shall minimize siltation, turbidity, 10
pollution, and other environmental degradation of watercourses and wetlands. 11
(9) Agricultural chemicals shall be applied in a manner consistent with BMPs for 12
agriculture and PMC 29.01.250 (5). 13
(10) New agricultural activities shall not remove existing native or non-native, but 14
non-noxious, weed vegetation between all cropland or pasture areas and adjacent 15
waters or wetlands pursuant to the critical areas provisions of this SMP. 16
(11) Agricultural development shall conform to applicable state and federal policies 17
and regulations. 18
29.01.320 Boating Facilities 19
(1) General Requirements: 20
(a) All boating uses, development, and facilities shall protect the rights of 21
navigation. 22
(b) Boating facilities shall be sited and designed to ensure no net loss of 23
shoreline ecological functions and shall meet Washington State 24
Department of Natural Resources (WDNR) requirements and other state 25
guidance if located in or over state-owned aquatic lands. 26
(c) Boating facilities shall be located on stable shorelines in areas where: 27
(i) Such facilities will not adversely affect flood channel capacity or 28
otherwise create a flood hazard; 29
(ii) Water depths are adequate to minimize spoil disposal, filling, 30
beach enhancement, and other channel maintenance activities; and 31
(iii) Water depths are adequate to prevent the structure from grounding 32
out at the lowest low water or stoppers are installed to prevent 33
grounding out. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 51
January 2015
(d) Boating facilities shall not be located: 1
(i) Where new dredging will be required; or 2
(ii) Where wave action caused by boating use would increase bank 3
erosion rates, unless no-wake zones are implemented at the 4
facility. 5
(e) Boating uses and facilities shall be located far enough from public 6
swimming beaches and aquaculture harvest areas to alleviate any aesthetic 7
or adverse impacts, safety concerns, and potential use conflicts. 8
(f) In-water work shall be scheduled to protect biological productivity 9
(including, but not limited to, fish runs, spawning, and benthic 10
productivity). 11
(g) Accessory uses at boating facilities shall be: 12
(i) Limited to water-oriented uses, including uses that provide 13
physical or visual shoreline access for substantial numbers of the 14
general public; and 15
(ii) Located as far landward as possible, while still serving their 16
intended purposes. 17
(h) Parking and storage areas shall be landscaped or screened to provide 18
visual and noise buffering between adjacent dissimilar uses or scenic 19
areas. 20
(i) Boating facilities shall locate where access roads are adequate to handle 21
the traffic generated by the facility and shall be designed so that lawfully 22
existing or planned public shoreline access is not unnecessarily blocked, 23
obstructed, or made dangerous. 24
(j) Joint-use moorage with 10 or more berths is regulated under this section as 25
a marina (Section C below). Joint-use moorage with fewer than 10 berths 26
is regulated under this section as a dock or pier (see PMC 29.01.400, Piers 27
and Docks). 28
(k) All marinas and public launch facilities shall provide at least portable 29
restroom facilities for boaters’ use that are clean, well-lit, safe, and 30
convenient for public use. 31
(l) Installation of boat waste disposal facilities, such as pump-outs and 32
portable dump stations, shall be required at all marinas and shall be 33
provided at public boat launches to the extent possible. The locations of 34
such facilities shall be considered on an individual basis in consultation 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 52
January 2015
with the Washington State Department of Health, Ecology, WDNR, 1
Washington State Parks, and WDFW, as necessary. 2
(m) All utilities shall be placed at or below dock levels or below ground, as 3
appropriate. 4
(n) When appropriate, marinas and boat launch facilities shall install public 5
safety signs that include the locations of fueling facilities, pump-out 6
facilities, and locations for proper waste disposal. 7
(o) Boating facilities shall be constructed of materials that will not adversely 8
affect water quality or aquatic plants and animals over the long term. 9
Materials used for submerged portions, decking, and other components 10
that may come in contact with water shall be approved by applicable state 11
agencies for use in water to avoid discharge of pollutants from wave 12
splash, rain, or runoff. Wood treated with creosote, copper chromium, 13
arsenic, pentachlorophenol, or other similarly toxic materials is prohibited 14
for use in moorage facilities. 15
(p) Boating facilities in waters providing a public drinking water supply shall 16
be constructed of untreated materials such as untreated wood, approved 17
plastic composites, concrete, or steel (see PMC 29.01. 250, Water Quality, 18
Stormwater, and Nonpoint Pollution). 19
(q) Vessels shall be restricted from extended mooring on waters of the state, 20
except as allowed by state regulations and provided that a lease or 21
permission is obtained from the state and impacts to navigation and public 22
access are mitigated. 23
(2) Boat Launch Facilities: 24
(a) Public boat launch facilities may be allowed in areas where no launching 25
opportunities exist within close proximity of a site (within less than 26
3 miles distance by road on a waterbody) or as mentioned in the Public 27
Access Plan. 28
(b) Boat launch and haul-out facilities, such as ramps, marine travel lifts and 29
marine railways, and minor accessory buildings, shall be designed and 30
constructed in a manner that minimizes adverse impacts on fluvial 31
processes, biological functions, aquatic and riparian habitats, water 32
quality, navigation, and neighboring uses. 33
(c) Boat launch facilities shall be designed and constructed using 34
methods/technology that have been recognized and approved by state and 35
federal resource agencies as the best currently available. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 53
January 2015
(3) Marinas: 1
(a) Marinas shall be designed to: 2
(i) Provide flushing of all enclosed water areas; 3
(ii) Allow the free movement of aquatic life in shallow water areas; 4
and 5
(iii) Avoid and minimize any interference with geohydraulic processes 6
and disruption of existing shore forms. 7
(b) Open pile or floating breakwater designs shall be used unless it can be 8
demonstrated that riprap or other solid construction would not result in 9
any greater net impacts to shoreline ecological functions, processes, fish 10
passage, or shore features. 11
(c) Wet-moorage marinas shall locate a safe distance from domestic sewage 12
or industrial waste outfalls. 13
(d) To the maximum extent possible, marinas and accessory uses shall share 14
parking facilities. 15
(e) New marina development shall provide public access amenities such as 16
viewpoints, interpretive displays, and public access to accessory 17
water-enjoyment uses (e.g., restaurants). 18
(f) If a marina is to include gas and oil handling facilities, such facilities shall 19
be separate from main centers of activity in order to minimize the fire and 20
water pollution hazards and to facilitate fire and pollution control. Marinas 21
shall have adequate facilities and procedures for fuel handling and storage, 22
and the containment, recovery, and mitigation of spilled petroleum, 23
sewage, and other potentially harmful or hazardous materials and toxic 24
products. 25
(g) The marina operator shall be responsible for the collection and dumping of 26
sewage, solid waste, and petroleum waste. 27
29.01.330 Breakwater, Jetties, Groins, and Weirs 28
(1) Breakwaters shall be allowed in environments defined in PMC 29.01.200 (2), 29
Shoreline Use and Modification Matrix, with a Shoreline Conditional Use Permit. 30
(2) New, expanded, or replacement groins and weirs shall only be permitted if the 31
applicant demonstrates that the proposed groin or weir will not result in a net loss 32
of shoreline ecological functions and the structure is necessary for 33
water-dependent uses, public access, shoreline stabilization, or other specific 34
public purposes. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 54
January 2015
(3) Groins and weirs shall require a Conditional Use Permit, except when such 1
structures are installed to protect or restore ecological functions such as 2
installation of groins that may eliminate or minimize the need for hard shoreline 3
stabilization. 4
(4) Groins and weirs shall be located, designed, constructed, and operated consistent 5
with mitigation sequencing principles, including avoiding critical areas, as 6
provided in PMC 29.01.230, Environmental Protection. 7
29.01.340 Commercial Development 8
(1) Water-dependent commercial development shall be given priority over 9
non-water-dependent commercial uses within shoreline environments. 10
Secondarily, water-related and water-oriented uses shall be given priority over 11
non-water-oriented commercial uses. 12
(2) Non-water-oriented commercial uses shall be allowed if they can demonstrate at 13
least one or more of the following: 14
(a) The commercial use is part of a mixed-use project that includes 15
water-dependent uses and provides a significant public benefit with 16
respect to the objectives of the SMA. 17
(b) Navigability is severely limited at the proposed site, including 18
opportunities for non-motorized boating or other water-oriented uses. 19
(c) The commercial use is physically separated from the shoreline by another 20
property, public right-of-way, or levee. 21
(d) The commercial use is farther upland than 200 feet from the OHWM; 22
therefore, a water-oriented use is not a viable option. 23
(3) Non-water-oriented uses, including, but not limited to, residential uses, may be 24
located with water-oriented commercial uses provided: 25
(a) The mixed-use project includes one or more water-dependent uses. 26
(b) Water-dependent commercial uses, as well as other water-oriented 27
commercial uses, have preferential locations along the shoreline. 28
(c) The underlying zoning district permits residential uses together with 29
commercial uses. 30
(d) Public access is provided and/or ecological restoration is provided as a 31
public benefit. 32
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 55
January 2015
(4) Review Criteria. The City shall utilize the following information in its review of 1
all commercial development applications: 2
(a) Whether there is a water-oriented aspect of the proposed commercial use 3
or activity when it is located within 200 feet of the OHWM; 4
(b) Whether the proposed commercial use is consistent with the Shoreline Use 5
and Modification Matrix (PMC 29.01.200 (2)); 6
(c) Whether the application has the ability to enhance compatibility with the 7
shoreline environment and adjacent uses; 8
(d) Whether adequate provisions are made for public and private visual and 9
physical shoreline access; and 10
(e) Whether the application makes adequate provisions to prevent adverse 11
environmental impacts and provide for shoreline ecological or critical area 12
mitigation, where appropriate. 13
(5) Commercial development shall be designed and maintained in a manner 14
compatible with the character and features of surrounding areas. Developments 15
are encouraged to incorporate low-impact development techniques into new and 16
existing projects and integrate architectural and landscape elements that recognize 17
the river and lake environments. The City may prescribe and modify project 18
dimensions, screening standards, setbacks, or operation intensities to achieve this 19
purpose. 20
(6) Eating and drinking facilities and lodging facilities shall be oriented to provide 21
views to the waterfront, when such view is available from the site. 22
(7) Commercial uses shall provide for public access as a condition of approval, unless 23
such public access is demonstrated by the proponent to be infeasible or 24
inappropriate for the shoreline pursuant to PMC 29.01.260, Public Access. 25
(8) Commercial uses shall provide for suitable measures to rehabilitate and enhance 26
the shoreline ecology as a condition of approval. 27
(9) Non-water-oriented commercial uses shall not be allowed over water in any 28
shoreline environment. 29
(10) All commercial loading and service areas shall be located upland or away from 30
the shoreline. Provisions shall be made to screen such areas with walls, fences, 31
and landscaping and to minimize aesthetic impacts. 32
(11) The storage of potentially hazardous or dangerous substances or wastes is 33
prohibited in the floodway or within 200 feet of the OHWM, whichever boundary 34
extends farthest landward. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 56
January 2015
(12) Development shall be located, designed, and constructed in a manner that ensures 1
no net loss of shoreline ecological functions and without significant adverse 2
impacts on other preferred land uses and public access features. 3
29.01.350 Dredging and Dredge Material Disposal 4
(1) Dredging: 5
(a) New dredging shall be permitted only where it is demonstrated that the 6
proposed water-dependent or water-related uses will not result in 7
significant or ongoing adverse impacts to water quality, Fish and Wildlife 8
Habitat Conservation Areas and other critical areas, flood holding 9
capacity, natural drainage and water circulation patterns, significant plant 10
communities, prime agricultural land, and public access to shorelines, 11
unless one or more of these impacts cannot be avoided. When such 12
impacts are unavoidable, they shall be minimized and mitigated such that 13
they result in no net loss of shoreline ecological functions. 14
(b) Dredging and dredge disposal shall be prohibited on or in archaeological 15
sites that are listed on the National Register of Historic Places and the 16
Washington Heritage Register until such time that they have been 17
reviewed and approved by the appropriate agency. 18
(c) Dredging techniques that cause minimum dispersal and broadcast of 19
bottom material shall be used, and only the amount of dredging necessary 20
shall be permitted. 21
(d) Dredging shall be permitted only: 22
(i) For navigation or navigational access; 23
(ii) In conjunction with a water-dependent use of waterbodies or 24
adjacent shoreline areas; 25
(iii) As part of an approved habitat improvement project; 26
(iv) To improve water flow or water quality, provided that all dredged 27
material shall be contained and managed so as to prevent it from 28
re-entering the water; or 29
(v) In conjunction with a bridge, navigational structure, or wastewater 30
treatment facility for which there is a documented public need and 31
where other feasible sites or routes do not exist. 32
(e) Dredging for fill is prohibited except where the material is necessary for 33
restoration of shoreline ecological functions. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 57
January 2015
(2) Dredge Material Disposal: 1
(a) Upland dredge material disposal within shoreline jurisdiction is 2
discouraged. In the limited circumstances when it is allowed, it will be 3
permitted under the following conditions: 4
(i) Shoreline ecological functions and processes will be preserved, 5
restored, or enhanced, including protection of surface and 6
groundwater; 7
(ii) Erosion, sedimentation, floodwaters, or runoff will not increase 8
adverse impacts on shoreline ecological functions and processes or 9
property; and 10
(iii) The site will ultimately be suitable for a use allowed by this SMP. 11
(b) Dredge material disposal shall not occur in wetlands, except as authorized 12
by Conditional Use Permit as part of a shoreline restoration project. 13
(c) Dredge material disposal within areas assigned an Aquatic environment 14
designation may be approved only when authorized by applicable 15
agencies, which may include the USACE pursuant to Section 404 16
(Clean Water Act) permits, WDFW’s Hydraulic Project Approval, and/or 17
the Dredged Material Management Program of the WDNR; and when one 18
of the following conditions apply: 19
(i) Land disposal is infeasible, less consistent with this SMP, or 20
prohibited by law; or 21
(ii) Disposal as part of a program to restore or enhance shoreline 22
ecological functions and processes is not feasible. 23
(d) Dredge materials approved for disposal within areas assigned an Aquatic 24
environment designation shall comply with the following conditions: 25
(i) Aquatic habitat will be protected, restored, or enhanced; 26
(ii) Adverse effects on water quality or biologic resources from 27
contaminated materials will be mitigated; 28
(iii) Shifting and dispersal of dredge material will be minimal; and 29
(iv) Water quality will not be adversely affected. 30
(e) When required by the Shoreline Administrator, revegetation of land 31
disposal sites shall occur as soon as feasible in order to retard wind and 32
water erosion and to restore the wildlife habitat value of the site. Native 33
species shall be used in the revegetation. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 58
January 2015
(f) Dredge material disposal operating periods and hours shall be limited to 1
those stipulated by the WDFW and hours from 7:00 AM to 5:00 PM 2
Monday through Friday, except in time of emergency as authorized by the 3
Shoreline Administrator. Provisions for buffers at land disposal or transfer 4
sites, in order to protect public safety and other lawful interests and to 5
avoid adverse impacts, shall be required. 6
(3) Submittal Requirements. The following information shall be required for all 7
dredging applications: 8
(a) A description of the purpose of the proposed dredging and analysis of 9
compliance with the policies and regulations of this SMP. 10
(b) A detailed description of the existing physical character, shoreline 11
geomorphology, and biological resources provided by the area proposed to 12
be dredged, including: 13
(i) A site plan map outlining the perimeter of the proposed dredge 14
area, including the existing bathymetry (water depths that indicate 15
the topography of areas below the OHWM), and having data points 16
at a minimum of 2-foot depth increments. 17
(ii) A Critical Areas Report. 18
(iii) A mitigation plan, if necessary, to address any identified adverse 19
impacts on ecological functions or processes. 20
(iv) Information on stability of areas adjacent to proposed dredging and 21
spoils disposal areas. 22
(v) A detailed description of the physical, chemical, and biological 23
characteristics of the dredge materials to be removed, including: 24
(A) Physical analysis of material to be dredged (e.g., material 25
composition and amount, grain size, organic materials 26
present, and source of material). 27
(B) Chemical analysis of material to be dredged (e.g., volatile 28
solids, chemical oxygen demand, grease and oil content, 29
and mercury, lead, and zinc content). 30
(C) Biological analysis of material to be dredged. 31
(c) A description of the method of materials removal, including facilities for 32
settlement and movement. 33
(d) Dredging procedure, including the length of time it will take to complete 34
dredging, method of dredging, and amount of materials removed. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 59
January 2015
(e) Frequency and quantity of project maintenance dredging. 1
(f) Detailed plans for dredge spoil disposal, including specific land disposal 2
sites and relevant information on the disposal site, including, but not 3
limited to: 4
(i) Dredge material disposal area; 5
(ii) Physical characteristics, including location, topography, existing 6
drainage patterns, and surface and groundwater; 7
(iii) Size and capacity of disposal site; 8
(iv) Means of transportation to the disposal site; 9
(v) Proposed dewatering and stabilization of dredged material; 10
(vi) Methods of controlling erosion and sedimentation; and 11
(vii) Future use of the site and conformance with land use policies and 12
regulations. 13
(g) Total estimated initial dredge volume. 14
(h) Plan for disposal of maintenance spoils for at least a 20-year period, if 15
applicable. 16
(i) Hydraulic modeling studies sufficient to identify existing geohydraulic 17
patterns and probable effects of dredging. 18
29.01.360 Fill and Excavation 19
(1) Fill and excavation waterward of the OHWM, except to support ecological 20
restoration, requires a Conditional Use Permit and may be permitted only when: 21
(a) In conjunction with water-dependent or public access uses allowed by this 22
SMP; 23
(b) In conjunction with a bridge, levee, or transportation facility of statewide 24
significance, for which there is a demonstrated public need and where no 25
feasible upland sites, design solutions, or routes exist; 26
(c) In conjunction with implementation of an interagency environmental 27
cleanup plan to clean up and dispose of contaminated sediments; 28
(d) Disposal of dredged material considered suitable under, and conducted in 29
accordance with, the Washington State Dredged Material Management 30
Program; or 31
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 60
January 2015
(e) In conjunction with any other environmental restoration or enhancement 1
project. 2
(2) Waterward of the OHWM, pile or pier supports shall be utilized whenever 3
feasible in preference to fills. Fills for approved road development in floodways 4
or wetlands shall be permitted only if pile or pier supports are proven not feasible. 5
(3) Fill upland and waterward of the OHWM, including in non-watered side 6
channels, shall be permitted only where it is demonstrated that the proposed 7
action will not: 8
(a) Result in significant ecological damage to water quality, fish, and/or 9
wildlife habitat; 10
(b) Adversely alter natural drainage and circulation patterns, currents, or river 11
flows, or significantly reduce flood water capacities; 12
(c) Alter geomorphic or hydrologic processes; and 13
(d) Significantly reduce public access to the shoreline or significantly 14
interfere with shoreline recreational uses. 15
(4) Fills are prohibited in the floodway, except when approved by Conditional Use 16
Permit and where required in conjunction with uses allowed by this SMP. 17
(5) Fills are allowed in floodplains outside of the floodway only where they would 18
not alter the hydrologic characteristics or flood storage capacity, or inhibit 19
channel migration that would, in turn, increase flood hazard or other damage to 20
life or property and are consistent with FEMA standards and PMC 24.20, 21
Provisions for Flood Hazard Protection, and PMC 29.01.550, Flood Hazard 22
Areas. 23
(6) Fill shall be of the minimum amount and extent necessary to accomplish the 24
purpose of the fill. 25
(7) Excavation waterward of the OHWM or within wetlands shall be considered 26
dredging for purposes of this SMP. 27
(8) Fills or excavation shall not be located where shore stabilization will be necessary 28
to protect materials placed or removed. Disturbed areas shall be immediately 29
stabilized and revegetated, as applicable. 30
(9) Fills, beach development or nourishment, and excavation shall be designed to 31
blend physically and visually with existing topography whenever possible, so as 32
not to interfere with long-term appropriate use, including lawful access and 33
enjoyment of scenery. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 61
January 2015
29.01.370 Industrial Development 1
(1) Water-dependent industrial development shall be given priority over 2
non-water-dependent commercial uses within shoreline environments. 3
Secondarily, water-related and water-oriented uses shall be given priority over 4
non-water-oriented commercial uses. 5
(2) Non-water-oriented industrial uses shall be allowed if they can demonstrate one 6
or more of the following: 7
(a) The industrial use is part of a mixed-use project that includes 8
water-dependent uses and provides a significant public benefit with 9
respect to the objectives of the SMA. 10
(b) Navigability is severely limited at the proposed site, including 11
opportunities for non-motorized boating or other water-oriented uses. 12
(c) The industrial use is physically separated from the shoreline by another 13
property, public right-of-way, or levee. 14
(d) The industrial use is farther upland than 200 feet from the OHWM; 15
therefore, a water-oriented use is not a viable option. 16
(3) Where industrial use is proposed for location on land in public ownership, public 17
access should be required unless such public access is demonstrated by the 18
proponent to be infeasible or inappropriate for the shoreline pursuant to 19
PMC 29.01.260, Public Access. 20
(4) Industrial uses shall provide for suitable measures to rehabilitate and enhance the 21
shoreline ecology as a condition of approval. 22
(5) Non-water-oriented industrial uses shall not be allowed over water in any 23
shoreline environment. 24
(6) All industrial loading and service areas shall be located upland or away from the 25
shoreline, except when loading services are water-dependent such as barge 26
facilities. Provisions shall be made to screen upland loading areas with walls, 27
fences, and landscaping and to minimize aesthetic impacts. 28
(7) The new storage of potentially hazardous or dangerous substances or wastes is 29
prohibited in the floodway or within 200 feet of the OHWM, whichever boundary 30
extends farthest landward. 31
(8) Industrial development will be located, designed, or constructed in a manner that 32
ensures no net loss of shoreline ecological functions and such that it does not have 33
significant adverse impacts to other shoreline resources and values. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 62
January 2015
29.01.380 In-stream Structures 1
(1) In-stream structures are those structures placed by humans within a stream or 2
river waterward of the OHWM that either cause or have the potential to cause 3
water impoundment or the diversion, obstruction, or modification of water flow. 4
In-stream structures may include those for hydroelectric generation, irrigation, 5
water supply, flood control, transportation, utility service transmission, structures 6
primarily intended for fisheries management, or other purposes. Docks, piers, and 7
marinas are not regulated as in-stream structures in this section of the SMP. See 8
PMC 29.01.450, Transportation: Trails, Roads, and Parking, and PMC 29.01.460, 9
Utilities, for regulations governing road and utility crossings of streams. 10
(2) General: 11
(a) The location, planning, and design of in-stream structures shall be 12
compatible with the following: 13
(i) The full range of public interests; existing agricultural activities; 14
water diversion operations, maintenance, and facility upgrade 15
activities; and providing for public access to shoreline waters, 16
desire for protection from floods, and need for preservation of 17
historic and cultural resources. 18
(ii) Protection and preservation of ecosystem-wide processes and 19
ecological functions, including, but not limited to, fish and 20
wildlife, with special emphasis on protecting and restoring priority 21
habitats and species and water resources and hydrogeological 22
processes within the context of the hydrology and water 23
management effects of the Columbia and Snake river operations 24
and McNary Pool conditions, as applicable. 25
(b) New structures shall be designed, located, and constructed consistent with 26
mitigation sequencing principles in PMC 29.01.230, Environmental 27
Protection, and as otherwise limited by floodplain regulations found in 28
PMC 29.01.270, Flood Hazard Reduction, and PMC 29.01.550, Flood 29
Hazard Areas. 30
(c) New structures shall be designed and located to minimize removal of 31
riparian vegetation and, if applicable, to return flow to the stream in as 32
short a distance as possible. 33
(d) In-stream structures shall provide for adequate upstream and downstream 34
migration of resident fish, as applicable, and shall not adversely affect 35
salmonid fish species or adversely modify salmonid fish habitat, as 36
applicable. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 63
January 2015
(e) Utilities and transmission lines shall be located so as to minimize 1
obstruction or degradation of views and comply with applicable provisions 2
of the Utilities section of this SMP. 3
(f) Mitigation shall be required of the proponent for the loss of ecological 4
functions and processes pursuant to PMC 29.01.230, Environmental 5
Protection, and PMC 29.01, Article V, Critical Areas. No net loss in 6
function, value, or acreage shall occur from such development. 7
(3) Submittal Requirements. In addition to the standard requirements listed in 8
PMC 29.01.730, Application Requirements, all permit applications for in-stream 9
structures shall contain, at a minimum, the following additional information: 10
(a) A site suitability analysis, which provides sufficient justification for the 11
proposed site; the analysis must fully address alternative sites for the 12
proposed development. 13
(b) Proposed location and design of primary and accessory structures, 14
transmission equipment, utility corridors, and access/service roads. 15
(c) A plan that describes the extent and location of vegetation, which is 16
proposed to be removed to accommodate the proposed facility, and any 17
site revegetation plans required by this SMP. 18
(d) A hydraulic analysis prepared by a licensed professional engineer that 19
sufficiently describes the project’s effects on streamway hydraulics, 20
including potential increases in base flood elevation, changes in stream 21
velocity, and the potential for redirection of the normal flow of the 22
affected stream. 23
(e) A hydrologic analysis that analyzes the project’s effects on ecological 24
processes, including delivery and rate of water and sediment, 25
geomorphology, and recruitment of organic material. 26
(f) Biological resource inventory and analysis that sufficiently describes the 27
project’s effects on fish and wildlife resources, prepared by a qualified 28
professional as defined in the Critical Areas section of this SMP. 29
(g) Provision for erosion control, protection of water quality, and protection of 30
fish and wildlife resources during construction. 31
(h) Long-term management plans that describe in sufficient detail the 32
provisions for protection of in-stream resources during construction and 33
operation; the plan shall include means for monitoring its success. 34
29.01.390 Mining 35
(1) Mining shall be prohibited waterward of the OHWM. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 64
January 2015
(2) Mining facilities shall be located within shoreline jurisdiction only when no 1
feasible sites are available outside shoreline jurisdiction and only after the 2
applicant has demonstrated compliance with the mitigation sequencing 3
requirements of PMC 29.01.230, Environmental Protection. 4
(3) Mining in shoreline jurisdiction shall only be approved when the material 5
proposed to be extracted is only available in a shoreline location. This 6
determination shall be based on an evaluation of geologic factors such as the 7
distribution and availability of mineral resources for that jurisdiction, the need for 8
such mineral resources, and economic, transportation, and land use factors. This 9
demonstration may rely on analysis or studies prepared for purposes of the 10
Comprehensive Plan’s designations and may be integrated with any relevant 11
environmental review conducted under (SEPA; RCW 43.21C) or otherwise be 12
shown in a manner consistent with RCW 90.58.100(1) and 13
WAC 173-26-201(2)(a), as amended. 14
(4) Mining facilities and associated activities shall be designed and located to prevent 15
loss of ecological function. 16
(5) Application for permits for mining operations shall be accompanied by operation 17
plans, reclamation plans, and analysis of environmental impacts sufficient to 18
make a determination as to whether the project will result in net loss of shoreline 19
ecological functions and processes during the course of mining and after 20
reclamation, and how impacts will be mitigated to achieve no net loss of these 21
functions. Creation, restoration, or enhancement of habitat for priority species and 22
the future productivity of the site may be considered in determining no net loss of 23
ecological functions. 24
(6) Mining proposals must be coordinated and compliant with state Surface Mining 25
Reclamation Act requirements (RCW 78.44, WAC 332-18). 26
(7) Preference shall be given to mining uses that result in the creation, restoration, or 27
enhancement of habitat for priority species. 28
29.01.400 Piers and Docks 29
(1) All boating uses, development, and facilities shall protect the rights of navigation 30
and demonstrate no net loss of ecological functions, including providing on-site 31
and off-site mitigation, as applicable. 32
(2) Shared moorage serving single-family use consisting of docks and piers with 33
more than four berths, commercial moorage available to the general public, and 34
moorage related to clubs or other groups not associated with a particular 35
residential development are regulated as Boating Facilities under PMC 29.01.320, 36
Boating Facilities. 37
(3) Docks and piers with four or fewer berths or any number of mooring buoys are 38
regulated under this section. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 65
January 2015
(4) Boating facilities shall avoid: 1
(a) Areas where shoreline modification is required for approach and other 2
upland facilities. 3
(b) Locations where they would adversely impact upland riparian or nearshore 4
habitat for aquatic species. 5
(c) Locations where they would adversely affect flood channel capacity or 6
create a flood hazard. 7
(d) Locations where water depths for vessels are not adequate without 8
dredging. 9
(5) Boating facilities, except those accessory to single-family residences, shall 10
provide public access in accordance with PMC 29.01.260, Public Access, of this 11
SMP and shall be located and designed such that existing public access to public 12
shorelines is not obstructed nor made hazardous. 13
(6) All in- and over-water structures shall be constructed of materials that will not 14
adversely affect water quality or aquatic plants and animals during the long term. 15
Wood treated with creosote, pentachlorophenol, or other similarly toxic materials 16
is prohibited. Docks shall be constructed of untreated materials such as untreated 17
wood, approved plastic composites, concrete, or steel. 18
(7) Vessels shall be restricted from extended mooring on waters of the state, except as 19
allowed by state regulations and unless a lease or other permission is obtained 20
from the state and impacts to navigation and public access are mitigated. 21
(8) Boat Launches: 22
(a) Boat launches accessory to single-family and multi-family residential uses 23
are prohibited. 24
(b) Private boat launches shall be allowed only for water-dependent uses and 25
marinas and only when it is demonstrated that public boat launches will 26
not feasibly serve the use. Rail and track systems shall be preferred over 27
concrete ramps. 28
(c) New public boat launches for general public use or expansion of public 29
boat launches by adding launch lanes shall demonstrate that: 30
(i) Water depths are adequate to avoid the need for dredging and 31
eliminate or minimize potential loss of shoreline ecological 32
functions or other shoreline resources from offshore or foreshore 33
channel dredging. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 66
January 2015
(ii) Adjacent residential properties will not be adversely affected by 1
adverse proximity impacts such as noise, light and glare, or scale 2
and aesthetic impacts. Fencing or landscape areas may be required 3
to provide a visual screen. 4
(iii) Exterior lighting will not adversely impact aquatic species. 5
(iv) Adequate provisions are made for restroom, sewage, and solid 6
waste disposal facilities in compliance with applicable health 7
regulations. 8
(v) Access and parking shall not produce traffic hazards, shall not 9
result in excessive noise or other impacts, shall minimize traffic 10
impacts on nearby streets, and shall include adequate parking for 11
boat trailers. Parking on public streets may be allowed for peak 12
periods if it is demonstrated that such parking will not adversely 13
impact through traffic or residential uses. 14
(9) New moorage to serve a single-family residence may be allowed only if: 15
(a) It is consistent with the USACE McNary Pool Management Plan. 16
(b) An applicant demonstrates that existing facilities (boat launches and 17
public and private marinas) are not reasonably available to meet demand. 18
(c) The lot does not have access to shared moorage in an existing subdivision, 19
and there is no homeowners association or other corporate entity capable 20
of developing shared moorage. 21
(d) In cases where a new dock or pier is approved, the City may require an 22
agreement to share with nearby residences with water frontage and 23
provide for expansion to serve such additional users. 24
(10) A dock or pier serving a single-family residence shall meet the following 25
standards: 26
(a) Piers and Ramps: 27
(i) To prevent damage to shallow-water habitat, piers and ramps shall 28
extend at least 40 feet perpendicular from the OHWM. In some 29
instances and sites, it may not be practical to extend a ramp 40 feet 30
from OHWM (for instance, where this could conflict with 31
navigation). The City may grant exceptions on a case-by-case basis 32
depending on documentation of specific limitation that exist and in 33
coordination with other permitting agencies. 34
(ii) Piers and ramps shall be no more than 4 feet in width. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 67
January 2015
(iii) The bottom of either the pier or landward edge of the ramp shall be 1
elevated at least 2 feet above the plane of OHWM. 2
(iv) Grating shall cover the entire surface area (100%) of the pier or 3
ramp. The open area of grating shall be at least 50%, as rated by 4
the manufacturer. 5
(v) Skirting shall not be placed on piers, ramps, or floats. Protective 6
bumper material will be allowed along the outside edge of the 7
float, as long as the material does not extend below the bottom 8
edge of the float frame or impede light penetration. 9
(vi) Shoreline concrete anchors must be placed at least 10 feet 10
landward from the OHWM and shall be sized no larger than 11
4-feet-wide by 4 -feet-long, unless otherwise approved by the City, 12
National Oceanic and Atmospheric Administration (NOAA) 13
fisheries, USACE, and WDFW. The maximum anchor height shall 14
be only what is necessary to elevate the bottom of either the pier or 15
landward edge of the ramp at least 2 feet above the plane of 16
OHWM. The intent of this criterion is to limit impacts to riparian 17
vegetation along the shoreline. The City may grant exceptions 18
from the 10-foot landward requirement if site conditions warrant. 19
Exceptions shall be made on a case-by-case basis and based on 20
documentation of a specific limitation that exists and in 21
coordination with other permitting agencies. 22
(b) Preservatives: 23
(i) The dock shall be built with materials that do not leach 24
preservatives or other materials. 25
(ii) No treated wood of any kind shall be used on any overwater 26
structure (float, pier, or ramp). 27
(iii) No paint, stain, or preservative shall be applied to the overwater 28
structure. 29
(c) General: 30
(i) No electricity shall be provided to, or on, the overwater structure. 31
(ii) No boat lifts or watercraft lifts (e.g., Jet Ski lifts) of any type will 32
be placed on, or in addition to, the overwater structure. The City 33
may grant exceptions on a case-by-case basis in coordination with 34
other permitting agencies if the applicant can demonstrate that the 35
proposed boat lift meets the intent of the criteria to minimize 36
structure, maximize light penetration, and maximize depth. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 68
January 2015
However, these structures must meet the size criteria of the plan 1
(total 160 square feet). 2
(iii) Shoreline armoring (i.e., bulkheads, riprap, and retaining walls) 3
shall not occur in association with installation of the overwater 4
structure. 5
(iv) Construction of the overwater structure shall be completed during 6
the in-water work window (November 1 to February 28). 7
(d) Piling and Float Anchors: 8
(i) Piling shall not exceed 8 inches in diameter. The intent of this 9
criterion is not to require existing pilings to be removed, cut, or 10
capped, but to place limits on the size of new pilings. The City 11
may grant exceptions to allow for larger pilings on a case-by-case 12
basis and in coordination with other permitting agencies in areas 13
where safety considerations merit it. 14
(ii) Pilings shall be spaced at least 18 feet apart on the same side of 15
any component of the overwater structure. The pier/ramp and float 16
are separate components. 17
(iii) Each overwater structure shall utilize no more than four piles total 18
for the entire project. A combination of two piles and four helical 19
anchors may be used in place of four piles. 20
(iv) All pilings shall be fitted with devices to prevent perching by 21
piscivorous (fish-eating) birds. 22
(v) Submerged float anchors will be constructed from concrete and 23
shall be horizontally compressed in form, by a factor of five or 24
more, for a minimum profile above the stream bed (the horizontal 25
length and width will be at least five times the vertical height). A 26
helical screw anchor may be utilized where substrate allows. The 27
owner shall be responsible for demonstrating feasibility and for 28
proper installation such that anchor displacement does not occur. 29
(vi) No in-water fill material will be allowed, with the exception of 30
pilings and float anchors. (Note: uncured concrete or its 31
by-products shall not be allowed.) 32
(e) Floats: 33
(i) Float components shall not exceed the dimensions of 8-by-20 feet, 34
or an aggregate total of 160 square feet, for all float components. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 69
January 2015
(ii) Flotation materials shall be permanently encapsulated to prevent 1
breakup into small pieces and dispersal in water (e.g., rectangular 2
float tubs). 3
(iii) Grating shall cover 100% of the surface area of the float(s). The 4
open area of the grating shall be no less than 50%, as rated by the 5
manufacturer. 6
(iv) Functional grating will cover no less than 50% of the float. 7
(v) Floats shall not be located in shallow-water habitat where they 8
could ground or impede the passage or rearing of any salmonid life 9
stage. 10
(vi) Nothing shall be placed on the overwater structure that will reduce 11
natural light penetration through the structure. 12
(vii) Floats shall be positioned at least 40 feet horizontally from the 13
OHWM and no more than 100 feet from the OHWM, as measured 14
from the landward-most edge of the float. Adjustments to this 15
requirement may be made on an individual basis where street 16
compliance with this standard may present safety issues or be 17
excessive for site conditions. 18
(viii) Project construction shall cease during high-flow conditions that 19
could result in inundation of the project area, except for efforts to 20
avoid or minimize resource damage. 21
(11) Shared residential docks and piers shall generally meet the standards for 22
single-family docks above, except that the number of floats and the size of piers 23
and other facilities may be increased to serve additional slips to provide one 24
moorage space per residence served. 25
(12) Docks and piers shall be set back a minimum of 10 feet from side property lines, 26
except that joint-use facilities may be located closer to, or upon, a side property 27
line when agreed to by contract or covenant with the owners of the affected 28
properties. This agreement shall be recorded with the County Auditor and a copy 29
filed with the Shoreline Permit application. 30
(13) Moorage related to subdivision: 31
(a) New subdivisions and short plats shall contain a restriction on the face of 32
the plat prohibiting individual docks. A site for community or shared 33
moorage shall be designated on the plat and owned in undivided interest 34
by property owners within the subdivision. Shared moorage facilities shall 35
be available to lots with water frontage in the subdivision. The over-water 36
area of the dock shall be made available to other lots and the public for 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 70
January 2015
community access and may be required to provide public access 1
depending on the scale of the facility. 2
(b) Approval of a shared moorage for a subdivision shall be subject to the 3
following criteria: 4
(i) There is no reasonably available public or private moorage that can 5
serve the moorage needs of the residences or the subdivision. 6
(ii) Shared moorage to serve new development shall be limited to the 7
amount of moorage needed to serve lots with water frontage. One 8
moorage space per lot may not be presumed. 9
(iii) The size of a dock must consider the use of mooring buoys for 10
some or all moorage needs and the use of all or part of the dock to 11
allow tender access to mooring buoys. 12
(iv) Public access shall be provided in all shared docks utilizing public 13
aquatic lands that accommodate five or more vessels. 14
(c) If a community or shared dock is not developed at the time of subdivision, 15
a community association shall be established with the authority to levy 16
assessments within the subdivision to construct and maintain a community 17
dock in the future. The failure of a subdivision to develop a community or 18
shared dock shall not affect the prohibition on individual docks. 19
(14) Multi-family residences, hotels, motels, and other commercial developments 20
proposing to provide moorage facilities shall meet the criteria for a marina. Use of 21
the moorage must be open to the general public on the same basis as residents or 22
occupants and shall provide public access. If approved, no more than one 23
joint-use moorage facility may be provided for a parcel or development. 24
(15) Applications for docks or piers serving single commercial or industrial enterprises 25
shall demonstrate that: 26
(a) The facility serves a water-dependent use; 27
(b) The facility is the minimum size required to serve the proposed use, 28
provided that provisions for expansion or future joint use may be 29
provided; 30
(c) The facility minimizes impacts to the extent feasible. Where impacts are 31
unavoidable, the facility mitigates impacts to navigation, aquatic habitat, 32
upland habitat, public access to the water for recreation, fishing and 33
similar use, and public access to publicly accessible lands below the 34
OHWM. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 71
January 2015
(16) Commercial or industrial moorage facilities shall demonstrate that: 1
(a) The dock or pier shall be the minimum length required to serve the use. 2
(b) Access from the shore to piers or floats shall minimize water cover in 3
order to minimize impacts to shallow-water habitat. 4
(c) Piers and ramps shall be elevated to provide the maximum feasible light 5
penetration. 6
(d) Grating, or clear translucent material, shall be utilized to the maximum 7
extent feasible to provide light penetration. 8
(e) Floats shall be constructed and attached so they do not ground out on the 9
substrate. 10
(f) Pile spacing shall be the maximum feasible to minimize shading and avoid 11
a wall effect that would block or baffle wave patterns, currents, littoral 12
drift, or movement of aquatic life forms, or result in structure damage 13
from driftwood impact or entrapment. 14
(g) Pile diameter shall be minimized while meeting structural requirements. 15
(h) Covered structures may be permitted only to serve a water-dependent use 16
where it is demonstrated that adequate upland sites are not feasible and the 17
area covered is the minimum necessary to serve the use. 18
29.01.410 Recreational Development 19
(1) General Preferences: 20
(a) Recreational uses and facilities shall include features that relate to access, 21
enjoyment, and use of the City’s shorelines. 22
(b) Both passive and active shoreline recreation uses are allowed. 23
(c) Water-oriented recreational uses and activities are preferred in shoreline 24
jurisdiction. Water-dependent recreational uses shall be preferred as a first 25
priority and water-related and water-enjoyment recreational uses as a 26
second priority. 27
(d) Existing passive recreational opportunities, including nature appreciation, 28
non-motorized trails, public education regarding shoreline ecological 29
functions and processes, environmental interpretation, and native habitat 30
protection, shall be maintained. Opportunities incorporating educational 31
and interpretive information shall be included in design and operation of 32
recreation facilities and nature trails when feasible. 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 72
January 2015
(e) Preference shall be given to the development and enhancement of public 1
access to the shoreline to increase fishing, boating, and other water-related 2
recreational opportunities. 3
(2) General Performance Standards: 4
(a) The potential adverse impacts of all recreational uses shall be mitigated, 5
and adequate provisions for shoreline rehabilitation shall be made part of 6
any proposed recreational use or development to ensure no net loss of 7
shoreline ecological function. 8
(b) Sites with fragile and unique shoreline conditions, such as high-quality 9
wetlands and wildlife habitats, shall be used only for non-intensive 10
recreation activities such as trails, viewpoints, interpretive signage, and 11
similar passive and low-impact facilities that result in no net loss of 12
shoreline ecological function, and do not require the construction and 13
placement of permanent structures. 14
(c) For proposed recreation developments that require the use of fertilizers, 15
pesticides, or other toxic chemicals, the proponent shall specify the BMPs 16
to be used to prevent these applications and resultant leachate from 17
entering adjacent waters. 18
(d) Recreational developments shall be located and designed to preserve, 19
enhance, or create scenic views and vistas. 20
(e) In approving shoreline recreational developments, the 21
Shoreline Administrator shall ensure the development will maintain, 22
enhance, or restore desirable shoreline features, including unique and 23
fragile areas, scenic views, and aesthetic values. The 24
Shoreline Administrator may, therefore, adjust or prescribe project 25
dimensions, on-site location of project components, intensity of use, 26
screening, lighting, parking, and setback requirements. 27
(3) Signs indicating the public's right to access shoreline areas shall be installed and 28
maintained in conspicuous locations at all points of access. 29
(4) Recreational developments shall provide facilities for non-motorized access to the 30
shoreline, such as pedestrian and bicycle paths, and equestrian access, as 31
applicable. New motorized vehicle access shall be located and managed to protect 32
riparian, wetlands, and shrub-steppe habitat functions and value. 33
(5) Proposals for recreational developments shall include a landscape plan indicating 34
how native, self-sustaining vegetation is incorporated into the proposal to 35
maintain ecological functions. The removal of on-site native vegetation shall be 36
limited to the minimum necessary for the development of permitted structures or 37
facilities and shall be consistent with provisions of PMC 29.01.240, Shoreline 38
Vegetation Conservation, and PMC 29.01, Article V, Critical Areas. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 73
January 2015
(6) Accessory uses and support facilities such as maintenance facilities, utilities, and 1
other non-water-oriented uses shall be consolidated and located in upland areas 2
outside shoreline, wetland, and riparian buffers unless such facilities, utilities, and 3
uses are allowed in shoreline buffers based on the regulations of this SMP. 4
(7) The placement of picnic tables, playground apparatus, and other similar minor 5
components within the floodways shall be permitted, provided such structures are 6
located and installed in such a manner as to prevent them from being swept away 7
during a flood event. 8
(8) Recreational facilities shall make adequate provisions, such as screening, 9
landscaping buffer strips, fences, and signs, to prevent trespass on adjacent 10
properties and to protect the value and enjoyment of adjacent or nearby private 11
properties and natural areas, as applicable. 12
(9) Recreational facilities or structures are only allowed to be built over water when 13
they provide public access or facilitate a water-dependent use and shall be the 14
minimum size necessary to accommodate the permitted activity. 15
(10) Recreational developments shall make adequate provisions for: 16
(a) On-site and off-site access and, where appropriate, equestrian access; 17
(b) Appropriate water supply and waste disposal methods; and 18
(c) Security and fire protection. 19
(11) Structures associated with recreational development shall not exceed 35 feet in 20
height, except for as noted in PMC 29.01.210, Development Standards, when 21
such structures document that the height above 35 feet will not obstruct the view 22
of a substantial number of adjoining residences. 23
(12) Recreational development shall minimize effective impervious surfaces in 24
shoreline jurisdiction and incorporate low-impact development techniques. 25
29.01.420 Residential Development 26
(1) Single-family residential development is a preferred use when it is developed in a 27
manner consistent with SMP provisions. 28
(2) Residential development shall be located and constructed to result in no net loss 29
of shoreline ecological function. 30
(3) Lots for residential use shall have a maximum density consistent with City’s 31
Comprehensive Plan and zoning regulations. 32
(4) Accessory uses and structures shall be located outside of the riparian buffer, 33
unless the structure is or supports a water-dependent use. Storage structures to 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 74
January 2015
support water-related uses are not water-dependent uses, and therefore, shall be 1
located outside of the riparian buffer. 2
(5) All residential development shall be located or designed in such a manner as to 3
prevent measurable degradation of water quality from stormwater runoff. 4
Adequate mitigation measures shall be required and implemented where there is 5
the reasonable potential for such adverse effect on water quality. 6
(6) New shoreline residences and appurtenant structures shall be sufficiently set back 7
from steep slopes and shorelines vulnerable to erosion so structural 8
improvements, including bluff walls and other shoreline stabilization and 9
flood-control structures, are not necessary to protect proposed residences and 10
associated uses. 11
(7) New floating residences and overwater residential structures shall be prohibited in 12
shoreline jurisdiction. 13
(8) New, multi-unit residential development, including duplexes, fourplexes, and the 14
subdivision of land into five or more lots, shall make adequate provisions for 15
public access consistent with the regulations set forth in PMC 29.01.260, 16
Public Access. 17
(9) New residential development shall connect with sewer systems, as required by the 18
PMC. 19
(10) All new residential development shall meet the vegetation management 20
provisions contained in PMC 29.01.240, Shoreline Vegetation Conservation, and 21
PMC 29.01.530, Fish and Wildlife Habitat Conservation Areas. 22
(11) Residential development clustering may be required by the 23
Shoreline Administrator where appropriate to minimize ecological and visual 24
impacts on shorelines, including minimization of impacts on shoreline vegetation 25
consistent with PMC 29.01.240, Shoreline Vegetation Conservation. 26
29.01.430 Shoreline Habitat and Natural Systems Enhancement Projects 27
(1) Shoreline restoration and enhancement activities designed to restore or enhance 28
shoreline ecological functions and processes and/or shoreline features should be 29
targeted toward meeting the needs of sensitive and/or regionally important plant, 30
fish, and wildlife species, and shall be given priority. 31
(2) Shoreline restoration, enhancement, and mitigation activities designed to create 32
dynamic and sustainable ecosystems to assist the City in achieving no net loss of 33
shoreline ecological functions are preferred. 34
(3) Restoration activities shall be carried out in accordance with an approved 35
Shoreline Restoration Plan and in accordance with the provisions of this SMP. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 75
January 2015
(4) To the extent possible, restoration, enhancement, and mitigation activities shall be 1
integrated and coordinated with other parallel natural resource management 2
efforts, such as those identified in the Shoreline Restoration Plan. 3
(5) Habitat creation, expansion, restoration, and enhancement projects may be 4
permitted subject to required state or federal permits when the applicant has 5
demonstrated that: 6
(a) The primary objective is clearly restoration or enhancement of the natural 7
character or ecological function of the shoreline; 8
(b) The project will not adversely impact spawning, nesting, or breeding in 9
Fish and Wildlife Habitat Conservation Areas; 10
(c) Upstream or downstream properties or Fish and Wildlife Habitat 11
Conservation Areas will not be adversely affected; 12
(d) Water quality will not be degraded; 13
(e) Flood storage capacity will not be degraded; 14
(f) Impacts to critical areas and buffers will be avoided and where 15
unavoidable, minimized and mitigated; and 16
(g) The project will not interfere with the normal public use of the navigable 17
waters of the state. 18
(6) The Shoreline Administrator shall review the projects for consistency with this 19
SMP in an expeditious manner and shall issue its decision along with any 20
conditions within 45 days of receiving all materials necessary to review the 21
request for exemption from the applicant (see PMC 29.01.770, Exemptions from 22
Shoreline Substantial Development Permits). 23
29.01.440 Shoreline Stabilization 24
(1) Shoreline restoration and enhancement activities designed to restore shoreline 25
ecological functions and processes and/or shoreline features should be targeted 26
toward meeting the needs of sensitive and/or regionally important plant, fish, and 27
wildlife species, and shall be given priority. 28
(2) New shoreline stabilization for new development is prohibited unless it can be 29
demonstrated that reasonable use of a lot or parcel legally created prior to the 30
effective date of this SMP is precluded without shore protection or is necessary to 31
restore ecological functions or hazardous substance remediation. 32
(3) Proposed designs for new or expanded shoreline stabilization shall be designed in 33
accordance with applicable state guidelines, must use the most current scientific 34
and technical information available, must document that alternative solutions are 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 76
January 2015
not feasible or do not provide sufficient protection, must demonstrate that future 1
stabilization measures would not be required on the project site or adjacent 2
properties, and be certified by a qualified professional. 3
(4) Land subdivisions and lot line adjustments shall be designed to ensure future 4
development of the newly created lots will not require structural stabilization for 5
subsequent development to occur. 6
(5) New or expanded structural shoreline stabilization is prohibited except when 7
necessity is demonstrated consistent with the requirements of 8
WAC 173-26-231(3)(a)(iii). Necessity is demonstrated through conclusive 9
evidence documented by a geotechnical analysis that there is a significant 10
possibility that the structure will be damaged within 3 years as a result of 11
shoreline erosion caused by wind/wave action or other hydraulic forces and only 12
when significant adverse impacts are mitigated to ensure no net loss of shoreline 13
ecological functions and/or processes. 14
(6) Replacement of an existing shoreline stabilization structure with a similar 15
structure is permitted if there is a demonstrated need to protect existing primary 16
uses, structures or public facilities, including roads, bridges, railways, irrigation 17
and utility systems from erosion caused by stream undercutting or wave action. 18
The existing shoreline stabilization structure will be removed from the shoreline 19
as part of the replacement activity. Replacement walls or bulkheads shall not 20
encroach waterward of the OHWM or existing structure unless the facility was 21
occupied prior to January 1, 1992, and there are overriding safety or 22
environmental concerns. Proposed designs for new or expanded shore 23
stabilization shall be in accordance with applicable state guidelines and certified 24
by a qualified professional. 25
(7) Where a geotechnical analysis confirms a need to prevent potential damage to a 26
primary structure, but the need is not as immediate as 3 years, the analysis may 27
still be used to justify more immediate authorization for shoreline stabilization 28
using bioengineering approaches. 29
(8) Shoreline stabilization projects that are part of a fish habitat enhancement project 30
meeting the criteria of RCW 77.55.181, will be authorized through a 31
Shoreline Exemption. Stabilization projects that are not part of such a fish 32
enhancement project will be regulated by this SMP. 33
(9) Small-scale shoreline stabilization projects (e.g., tree planting projects or other 34
minimally intrusive enhancements) shall be reviewed by a qualified professional 35
to ensure the project has been designed using the most current scientific and 36
technical information available. 37
(10) Large-scale or more complex shoreline stabilization projects (e.g., projects 38
requiring fill or excavation, placing objects in the water, or hardening the bank) 39
shall be designed by a qualified professional using the most current scientific and 40
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 77
January 2015
technical information available. The applicant may be required to have a qualified 1
professional oversee construction or construct the project. 2
(11) New stabilization structures, when found to be necessary, will implement the 3
following standards: 4
(a) Limit the size of the project to the minimum amount necessary; 5
(b) Include measures to ensure no net loss of shoreline ecological functions; 6
and 7
(c) Use biotechnical bank stabilization techniques unless those are 8
demonstrated to be infeasible or ineffective before implementing “hard” 9
structural stabilization measures. 10
29.01.450 Transportation: Trails, Roads, and Parking 11
(1) New or expanded motor vehicle and rail transportation facilities shall not be 12
located within shoreline jurisdiction, unless: 13
(a) The proponent demonstrates that no feasible upland alternatives exist; 14
(b) The project represents the minimum development necessary to serve 15
another specific, localized, and permitted shoreline use; or 16
(c) In the case of a water crossing, the proponent demonstrates the project is 17
necessary to further a substantial public interest. 18
(2) When new roads or road expansions are unavoidable in shoreline jurisdiction, 19
proposed transportation facilities shall be planned, located, and designed to 20
achieve the following: 21
(a) Meet mitigation sequencing provisions of PMC 29.01.230 Environmental 22
Protection; 23
(b) Avoid adverse impacts on existing or planned water-oriented uses; 24
(c) Set back from the OHWM to allow for a usable shoreline area for 25
vegetation conservation and any preferred shoreline uses unless infeasible; 26
(d) Minimize grading, vegetation clearing, and alterations of the natural 27
topography; and 28
(e) Use BMPs for preventing erosion and degradation of surface water 29
quality. 30
(3) Improvements to existing motor vehicle and rail transportation facilities shall not 31
interfere with pedestrian and bicycle access and shall, whenever possible, provide 32
for expansion and enhancement of pedestrian and bicycle transportation facilities. 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 78
January 2015
(4) Transportation facilities and services for motor vehicles and rail shall utilize 1
existing transportation corridors whenever possible. 2
(5) The development, improvement, and expansion of pedestrian and bicycle 3
transportation facilities are allowed within all environments. Such transportation 4
facilities are a preferred use wherever they are compatible with the natural 5
character, resources, and ecology of the shoreline. 6
(6) Pedestrian and bicycle transportation facilities shall be designed, located, and 7
constructed consistent with the policies and regulations for public access as 8
provided in PMC 29.01.260, Public Access, of this SMP. Linkage among 9
shoreline parks, recreation areas, and public access points is encouraged, when 10
feasible. 11
(7) Parking facilities are not a water-dependent use and shall only be permitted in the 12
shoreline jurisdiction to support an authorized use where it can be demonstrated to 13
the satisfaction of the Shoreline Administrator that there are no feasible 14
alternative locations away from the shoreline. Parking as a primary use shall not 15
be allowed within 50 feet of edge of riparian vegetation corridor. Accessory 16
parking facilities shall be subject to the same permit type as the primary use. 17
(8) Accessory parking facilities shall be planned to avoid or minimize adverse effects 18
on unique or fragile shoreline features and shall not result in a net loss of 19
shoreline ecological functions or adversely affect existing or planned 20
water-dependent uses. Parking facilities shall be located upland of the principal 21
structure, building, or development they serve, and preferably outside of shoreline 22
jurisdiction, except: 23
(a) Where the proponent demonstrates that an alternate location would reduce 24
adverse impacts on the shoreline and adjacent uses; 25
(b) Where another location is not feasible; and/or 26
(c) Except when ADA standards require otherwise. 27
(d) In such cases, the applicant shall demonstrate use of measures to reduce adverse 28
impacts of parking facilities in shoreline jurisdiction, such as low-impact 29
development techniques, buffering, or other measures approved by the 30
Shoreline Administrator. 31
(9) Parking facilities shall be landscaped in a manner to minimize adverse visual and 32
aesthetic impacts on adjacent shoreline and abutting properties. 33
(10) All forms of transportation facilities shall, wherever feasible, consolidate water 34
crossings and make joint use of rights-of-way with existing or planned future 35
primary utility facilities and other transportation facility modalities. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 79
January 2015
(11) Improvements to all existing transportation facilities shall provide for the 1
reestablishment and enhancement of natural vegetation along the shoreline when 2
appropriate. 3
(12) If located in the side yard or waterward side of a structure, loading areas shall be 4
screened from view of pedestrians on either side of the waterway. The visual 5
screen shall comprise a fence or wall with trees and shrubs consistent with the 6
City’s landscape standards. 7
(13) Shoreline crossings and culverts shall be designed to minimize adverse impacts 8
on riparian and aquatic habitat and shall allow for fish passage. See 9
PMC 29.01.530, Fish and Wildlife Habitat Areas, for regulations governing 10
crossings of non-shoreline streams located in shoreline jurisdiction. 11
(14) Trails shall be designed consistent with public access requirements in 12
PMC 29.01.260, Public Access. 13
29.01.460 Utilities 14
(1) Non-water-oriented utility production and processing facilities and transmission 15
facilities are permitted in shoreline jurisdiction only if no practical upland 16
alternative or location exists. New primary utility production and processing 17
facilities or parts of those facilities, such as power plants, solid waste storage, or 18
disposal facilities that are non-water-oriented, should not be permitted within 19
shoreline jurisdiction unless no other options are feasible. 20
(2) The principal uses permitted by this section include facilities within the 21
High Intensity Public Facilities designation (e.g., hydropower generating dams) 22
and other facilities, including sewage collection, holding, transfer and treatment 23
pipelines, tanks, structures, containment facilities, and buildings. Accessory 24
facilities are also permitted, including, but not limited to: 25
(a) Plant monitoring and control facilities and on-site administrative offices; 26
(b) Plant access and logistical facilities such as storage areas and material 27
handling ramps and facilities, including utility delivery (electrical and 28
communication) facilities; 29
(c) Plant security and safety features such as fences and signage; and 30
(d) Other accessory or auxiliary uses or features, necessary to effective and 31
efficient operation of the plant, which cannot feasibly be located outside 32
the shoreline jurisdiction. 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 80
January 2015
(3) Expansion of existing primary utility facilities within shoreline jurisdiction must 1
demonstrate: 2
(a) The expansion is designed to protect adjacent shorelands from erosion, 3
pollution, or other environmentally detrimental factors during and after 4
construction. 5
(b) The project is planned to fit existing natural topography as much as 6
practical and avoid alteration of the existing natural environment. 7
(c) Debris, overburden, and other construction waste materials shall be 8
disposed of so as to prevent erosion or pollution of a waterbody. 9
(4) New primary utility facilities and expansions shall include provisions to control 10
the quantity and quality of surface water runoff to natural waterbodies, using 11
BMPs to retain natural flow rates. A maintenance program to ensure continued 12
proper functioning of such new facilities shall be required. 13
(5) Applications for installation of utility facilities other than water-dependent 14
facilities within the High Intensity Environment Designation shall include the 15
following: 16
(a) Reason why the utility facility must be in shoreline jurisdiction; 17
(b) Alternative locations considered and reasons for their elimination; 18
(c) Location of the same, similar, or other utility facilities in the vicinity of 19
the proposed project; 20
(d) Proposed method(s) of construction; 21
(e) Plans for reclamation of areas to be disturbed during construction; 22
(f) Landscape plans; 23
(g) Methods to achieve no net loss of ecological function and minimize 24
clearing of native vegetation; and 25
(h) Consistency with City’s plans for utilities, where such plans exist. 26
(6) Applications for installation of utility facilities shall include the following: 27
(a) Proposed method(s) of construction; 28
(b) Plans for reclamation of areas to be disturbed during construction; 29
(c) Landscape plans; and 30
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 81
January 2015
(d) Methods to achieve no net loss of ecological function and minimize 1
clearing of native vegetation. 2
(7) Where feasible, utilities shall be consolidated within a single easement and utilize 3
existing rights-of-way. Any utility located within property owned by the utility, 4
which must of necessity cross shoreline jurisdiction, shall be designed and 5
operated to reserve the option of general public recreational usage of the 6
right-of-way in the future. This option shall be exercised by the public only 7
where: 8
(a) The public will not be exposed to dangers from the utility equipment; and 9
(b) The utility itself will not be subjected to unusual risks of damage by the 10
public. 11
(8) In areas where utilities must cross shoreline jurisdiction, they shall do so by the 12
most direct route feasible, unless such a route would negatively affect an 13
environmentally critical area, obstruct public access to the shoreline, or interfere 14
with the navigability of a waterbody regulated by this SMP. See PMC 29.01.530, 15
Fish and Wildlife Habitat Areas, for regulations governing crossings of non-16
shoreline streams located in shoreline jurisdiction. 17
(9) Utility facilities shall be designed and located in a manner that protects scenic 18
views and minimizes adverse aesthetic impacts. 19
(10) New utilities, which must be constructed across shoreline jurisdiction in 20
previously undisturbed areas, must submit a mitigation plan demonstrating the 21
restoration of the shoreline to at least its existing condition. Upon completion of 22
utility installation or maintenance, any disturbed areas shall be regraded to be 23
compatible with the natural terrain of the area and revegetated with appropriate 24
native plants to prevent erosion. 25
(11) Outside of the Public Facilities Environment Designation, all underwater 26
pipelines or those paralleling the waterway transporting liquids potentially 27
injurious to aquatic life or water quality shall be prohibited, unless no other 28
alternative exists to serve a public interest. In those limited instances where 29
permitted, shut-off valves shall be provided at both sides of the waterbody except 30
for public sanitary sewers of a gravity or siphon nature. In all cases, no net loss of 31
ecological functions shall be maintained. 32
(12) Where utilities cannot cross a shoreline waterbody via a bridge or other existing 33
water crossing, the utilities shall evaluate site-specific habitat conditions and 34
demonstrate whether impacts can mitigated to negatively impact substrate, or 35
whether utilities will need to be bored beneath the waterbody such that the 36
substrate is not disturbed. Construction of pipelines placed under aquatic areas 37
shall be placed in a sleeve to avoid the need for excavation in the event of a 38
failure in the future. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 82
January 2015
(13) Minor trenching to allow the installation of necessary underground pipes or cables 1
is allowed if no alternative, including boring, is feasible, and if: 2
(a) Impacts on fish and wildlife habitat are avoided to the maximum extent 3
possible. 4
(b) The utility installation shall not increase or decrease the natural rate, 5
extent, or opportunity of channel migration. 6
(c) Appropriate BMPs are employed to prevent water quality impacts or other 7
environmental degradation. 8
(14) Utility installation and maintenance operations shall be conducted in a manner 9
that does not negatively affect surface water quality or quantity. Applications for 10
new utility projects in shoreline jurisdiction shall include a list of BMPs to protect 11
water quality.12
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 83
January 2015
Article V. Critical Areas 1
NOTES FOR PLANNING COMMISSION (TO BE DELETED PRIOR TO FINALIZING 2
SMP): 3
1. This section includes proposed critical area provisions that apply to the critical areas 4
within the City’s shoreline jurisdiction. The proposed regulations are based off of the 5
City’s 2009 CAO, further updated to meet the requirements of the SMA. Updates are 6
shown as redline revisions to show changes required for SMA consistency. 7
2. The administrative provisions of the City’s 2009 CAO were deleted to avoid duplication 8
with SMP administrative provisions. Specific provisions have been deleted in this version 9
for SMA consistency, including the following: 10
a. Reasonable use exceptions. 11
b. Administrative exemptions. 12
c. Waivers. 13
d. Definitions. 14
e. Administrative provisions, including: 15
i. Appeal processes; 16
ii. Permit processes; 17
iii. Penalties; and 18
iv. Enforcement. 19
20
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 84
January 2015
29.01.500 Critical Areas 1
(1) Purpose Of Title.:. 2
(a) The purpose of SMP Article V, Critical Areas, this Title is to conserve and 3
protect the values and functions of environmentally sensitive and 4
hazardous areas, which contribute to public health, safety, and welfare of 5
the community without violating any citizen's constitutional rights to the 6
use of property. as required by the GMA of 1990 (Chapter 17, Laws of 7
1990) and the SMA (RCW 90.58) through the application of the most 8
current scientific and technical information available. 9
(a)(b) The City shall regulate in shoreline jurisdiction all uses, activities, and 10
development within, adjacent to, or likely to affect one or more critical 11
areas. 12
(2) Critical Areas. Critical areas defined by the Growth Management Act, and of 13
concern to the City of Pasco within the shoreline jurisdiction, include: 14
(a) Wetlands; 15
(b) Fish and wildlife habitats; 16
(c) Aquifer recharge areas; 17
(d) Flood hazard areas; and 18
(e) Geologically hazardous areas such as those subject to landslide and steep 19
slope failures, erosion, seismic events, mine collapse, and volcanic 20
hazards. 21
(3) Critical Area Categories. The City finds that these critical areas fall into one or 22
both of the following categories: 23
(a) Critical areas provide a variety of valuable and beneficial biological and 24
physical functions that benefit the City and its residents; and 25
(b) Critical areas pose potential threat to human safety or to public and private 26
property. 27
(4) Intent of Critical Area Regulation. The intent of this section this Title is to 28
implement the provisions of the Growth Management ActGMA, SMA, and the 29
Pasco Comprehensive Plan by managing development in harmony with critical 30
areas. This Title section seeks to: 31
(a) Protect members of the public and public resources and facilities from 32
injury, loss of life, or property damage due to landslides and steep slope 33
failures, erosion, seismic events, volcanic eruptions, or flooding; 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 85
January 2015
(b) Protect unique, fragile and valuable elements of the environment, 1
including fish and wildlife and their habitats; 2
(c) Mitigate unavoidable impacts to environmentally sensitive areas by 3
regulating alterations in and adjacent to critical areas; 4
(d) Prevent cumulative adverse environmental impacts to water quality and 5
wetlands; 6
(e) Meet the requirements of the Washington Growth Management ActGMA 7
(RCW 36.70A), and SMA (RCW 90.58) with regard to the protection of 8
critical area lands; 9
(f) Meet the requirements of the "Best Available Science" rule intended to 10
ensure that best available science is included in the development of local 11
policies and regulations for critical areas pursuant to RCW 36.70A.172(1). 12
The rule also identifies ways to provide special consideration for 13
preserving or enhancing anadromous fisheries, pursuant to RCW 14
36.70A.172 (1); and 15
(g)(f) Coordinate environmental review and permitting of proposals to avoid 16
duplication and delay of desirable actions. 17
(5) Authority. This Title is adopted under the authority of Chapters 36.70 and 18
36.70A, RCW and Article 11 of the Washington State Constitution. 19
(6) Interpretation. In the interpretation and application of this Title, all provisions 20
shall be: 21
(a) Considered the minimum necessary; 22
(b) Liberally construed to serve the purposes of this Title; and, 23
(c) Deemed neither to limit nor repeal any other powers under state statute. 24
Relationship to Other Regulations. Title 25
This section shall apply as an overlay and shall be used in addition to 26
zoning and other regulations established by the City of Pasco. In the event 27
of any conflict between these regulations and any other regulations of the 28
City, the regulations that provide greater protection to environmentally 29
sensitive areas or greater protection from environmental hazards shall 30
apply. 31
It is recognized that many city, county, state, and federal permit conditions 32
may be applied to a proposed action, and that compliance with the 33
provisions of the Title section does not constitute compliance with other 34
such requirements. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 86
January 2015
(d) Satisfaction of the requirements of this Title section shall also be sufficient 1
to satisfy the requirement for critical areas analysis and mitigation 2
pursuant to RCW 43.21C (State Environmental Policy) and Title 23 3
(Environmental Impact) of the City of Pasco Municipal Code. 4
(5) Most Current Scientific and Technical Information:. documents.Best Available 5
Science Documentation. A listing of document sources used in the development 6
of this Title is maintained on file in the City's Community and Economic 7
Development Department, Planning Division. 8
(a) WAC 173.26.201(2)(a) requires the City to identify and assemble the most 9
current, accurate, and complete scientific and technical information 10
available regarding the development of policies related to identification of 11
and policies governing management recommendations for critical areas. 12
(b) Critical Area Reports, mitigation plans, and decisions to permit the 13
alteration of critical areas within the shoreline jurisdiction shall rely on the 14
most current scientific and technical information to ensure the protection 15
of the ecological functions and values of critical areas, and must give 16
special consideration to conservation or protection measures necessary to 17
preserve or enhance anadromous fish and their habitat. 18
(c) The most current scientific and technical information that is consistent 19
with criteria established in WAC 173.26.201(2)(a), and may include the 20
following: 21
(i) Critical area maps; 22
(ii) Maps and reference documents in the City of Pasco’s SMP 23
Inventory, Characterization, and Analysis Report, as applicable; 24
(iii) U.S. Geological Survey (USGS) topographic quadrangle maps; 25
(iv) Aerial photographs; 26
(v) Soil Survey of Franklin County, Washington, by the 27
U.S. Department of Agriculture, Soil Conservation Service; 28
(vi) National Wetland Inventory maps; and 29
(i)(vii) WDFW Priority Habitats and Species maps. 30
31
29.01.510 General Provisions 32
(1) Authorizations Required. Prior to fulfilling the requirements of this Titlesection, 33
the City shall not grant any approval or permission to alter the condition of any 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 87
January 2015
land, water or vegetation, or to construct or alter any structure or improvement 1
including, but not limited to, the following: 2
(a) Building Permit; 3
(b) Conditional Use Permit; 4
(c) Shoreline Conditional Use Permit; 5
(d) Shoreline Substantial Development Permit; 6
(e) Shoreline Variance Permit; 7
(f) Binding Site Plan; 8
(g) Short Subdivision; 9
(h) Subdivision; 10
(i) Zoning Variance Permit; 11
(j) Rezone; or 12
(k) Any other adopted permit or required approval not expressly exempted by 13
this Titlesection 14
(2) Jurisdiction:. 15
(a) This Title section shall apply to all lands, all land uses and development 16
and all structures and facilities in CityPasco’s shoreline jurisdiction, 17
except as exempted under Section 28.12.030 of this Title. This Title 18
section shall apply to every person, individual, firm, partnership, 19
corporation, governmental agency or other entity that owns, leases, or 20
administers land within Pasco the City’s shoreline jurisdiction. 21
(l)(b) This Title section provides regulations for land use and development in 22
and adjacent to critical areas within the City’s shoreline jurisdiction as 23
defined herein. These regulations are additional to, and coordinated with, 24
the Pasco Comprehensive Plan, the Pasco Shoreline Master Program, and 25
regulations adopted pursuant to the Pasco Urban Area Zoning Code and 26
any other applicable regulations adopted by the City of Pasco. This Title 27
does not apply to environmentally sensitive areas waterward of the 28
ordinary high water mark. If there are any conflicts between this Title and 29
other applicable regulations, the most restrictive requirements apply. 30
(3) Exemptions. : 31
(m)(a) All exempted activities shall use reasonable methods supported by the 32
Best Available Sciencemost current scientific and technical information or 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 88
January 2015
accepted Best Management PracticesBMPs with the least amount of 1
potential impact to the critical areas. Any incidental damage to, or 2
alteration of a critical area that is not a necessary outcome of the exempted 3
activity shall be restored, rehabilitated, or replaced at the responsible 4
party's expense. This includes, but is not limited to, access ways or paths, 5
vegetation removal or damage beyond a reasonable work zone, and 6
grading and clearing not essential to the ongoing operation of the site's 7
use. To be exempt from this Title section does not give permission to 8
destroy a critical area or ignore risk from natural hazards. In addition to 9
PMC 29.01.770, Exemptions from Shoreline Substantial Development 10
Permits, provisions for eExempted activities within shoreline jurisdiction 11
critical areas and their buffers are: 12
(i) Emergency activities necessary to prevent an immediate threat to 13
public health, safety, or welfare. An emergency is an unanticipated 14
and imminent threat to the public health or safety or to the 15
environment that requires immediate action within a period of time 16
too short to allow compliance with this Titlesection. Restoration 17
must be initiated within one year of the date of the emergency and 18
must be completed within six (6) months of the initiation date. 19
(ii) Maintenance, operation, and reconstruction of existing structures, 20
facilities, improved areas, utilities, sewage disposal systems, water 21
systems, ponds, or public and private roads and driveways. When 22
such structures are damaged by an act of nature, they may be 23
reconstructed or replaced within two (2) years of the act of nature, 24
provided that the new construction or related activity does not 25
further intrude into a critical area or established buffer. Such 26
reconstruction and replacement is subject to other applicable City 27
regulations and permit requirements. 28
(iii) Modification of any existing structure that does not alter the 29
structure to further intrude into a critical area or established buffer 30
and there isdoes not increased risk to life and property. 31
Modification includes construction of tenant improvements, 32
fences, decks, patios, driveways, signs, and accessory structures. 33
(iv) Operation and maintenance of any system of existing dikes, levees, 34
ditches, drains, or other facilities which were created, developed or 35
utilized primarily as a part of a drainage or diking system. 36
Operation and maintenance does not include the expansion or new 37
construction of drainage ditches and related facilities. 38
(v) Removal of hazardous trees and vegetation and, when necessary, 39
measures to control or prevent a fire or halt the spread of disease or 40
damaging insects consistent with the State Forest Practices Act; 41
RCWChapter 76.09 RCW, provided that no vegetation shall be 42
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 89
January 2015
removed from a critical area or its buffer without approval from 1
the City. 2
(vi) Activities involving artificially created wetlands or streams 3
intentionally created from non-wetland sites, including, but not 4
limited to,: grass-lined swales, irrigation and drainage ditches, 5
detention facilities, and landscape features, except those features 6
that provide critical habitat for anadromous fish and those features 7
thatwhich were created as mitigation for projects or alterations 8
subject to the provisions of this Titlesection. 9
(vii) Passive recreational activities, including, but not limited to, 10
fishing, bird- watching, boating, swimming, hiking, and use of 11
nature trails,; provided the activity does not alter the critical area or 12
its buffer. 13
(viii) The harvesting of wild crops in a manner that is not injurious to 14
natural reproduction of such crops and provided the harvesting 15
does not require tilling soil, planting crops, or changing existing 16
topography, water conditions or water sources. 17
(ix) Educational and scientific research. 18
(x) Construction or modification of navigational aids and boundary 19
markers. 20
(xi) Site investigation work necessary for land use applications such as 21
surveys, soil logs, percolation tests and other related activities. In 22
every case, disturbed areas shall be immediately restored. 23
(xii)(x) Existing and ongoing agricultural activities and related 24
development activities, provided no alteration of flood storage 25
capacity or conveyance, or increase in the extent or nature of 26
impact to a critical area or its buffer occurs, beyond that which has 27
occurred prior to the effective date of this Titlesection. 28
(n)(b) If the proposed activity meets any of the listed exemptions, including any 29
Best Management PracticeBMP and/or restoration requirements, 30
completion of a critical area checklist or further Ccritical Aarea Rreview is 31
not required. The permit aApplicant shall describe the proposed project in 32
writing and identify the criteria in this sSection that apply to the requested 33
exemption and submit this to the City PlannerShoreline Administrator. 34
The Shoreline Administrator City Planner will review the exemption 35
request to verify that it complies with this Title section and certify or 36
reject the exemption. If the project is rejected, the aApplicant may 37
continue in the review process and shall submit to the requirements of the 38
review process. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 90
January 2015
(2) Reasonable Use Exceptions. 1
(3) Waivers for Subsequent Approvals. 2
(4) Vested Development and Pending Development Approvals. 3
(5) Variances. 4
(4) Critical Area Review.: 5
(a) The City of Pasco shall complete a Critical Area Review prior to granting 6
any shoreline permit approval for a development or other alteration on a 7
site that is found to likely include, or be adjacent to, or have significant 8
impact upon one or more critical areas, unless otherwise provided in this 9
Titlesection. As part of this review, the City Planner Shoreline 10
Administrator shall verify the information submitted by the aApplicant, 11
and: 12
(i) Confirm the extent, nature, and type of any critical areas identified, 13
and evaluate any required Critical Area Detailed Study; 14
(ii) Determine whether the development proposal conforms to the 15
purposes and performance standards of this Titlesection; 16
(iii) Assess impacts on the critical area from the activities and uses 17
proposed and determine whether any proposed alterations to, or 18
impacts upon, critical areas are necessary and unavoidable in order 19
to meet the objectives of the proposal; and 20
(iv) Determine if any required mitigation plans proposed by the 21
aApplicant are sufficient to protect the critical area and public 22
health, safety, and welfare concerns consistent with the goals, 23
purposes, objectives, and requirements of this Titlesection. 24
(b) The Applicant applicant shall be responsible for the initiation, preparation, 25
submission, and expense of all required assessments, studies, plans, 26
reconnaissance, and other work in support of the application. The 27
Applicant applicant shall provide the City with both digital copies and 28
paper copies of reports/studies and maps prepared for the reports/studies, 29
including all geotechnical studies and mapping. 30
(6)(5) Minimum Standards. Any proposed activity shall be conditioned as necessary to 31
mitigate impacts to critical areas to ensure no net loss of ecological function and 32
conform to the pPerformance sStandards required by this Titlesection and 33
PMC 29.01.230, Environmental Protection. Subject to the Reasonable Use 34
Exception of Section 28.12.040, any project that cannot adequately mitigate its 35
impacts to critical areas or meet the Performance Standards required by Chapters 36
28.16 through 28.32 shall be denied. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 91
January 2015
(7)(6) Concurrent Requirements. Lands characterized by one or more critical area 1
feature may also be subject to other regulations established by this Title section 2
due to overlap or multiple functions of some critical areas. In the event of conflict 3
between regulations, the most restrictive regulations shall apply. 4
(8) Pre-Application Meeting. Any person preparing for the permitting of an activity 5
that may be regulated by the provisions of this Title may request a pre-application 6
meeting with the City prior to the Critical Area Review process. At this meeting, 7
the City Planner shall discuss the requirements of this Title, outline the review 8
process, and work with the activity proponent to identify any potential concerns 9
that might arise during the review process. 10
(7) Critical Area Checklist:. 11
(a) For any proposed activity not found to be exempt under Section 12
28.12.030PMC 29.01.510 (3), or PMC 29.01.770, Exemptions from 13
Shoreline Substantial Development Permits,covered under Section 14
28.12.050, the aApplicant shall complete a critical area checklist on forms 15
provided by the City. The checklist must be submitted to the City 16
PlannerShoreline Administrator prior to consideration of any permit 17
request that requires a Ccritical Aarea Rreview, as described in Section 18
28.12.010PMC 29.01.510, General Provisions. 19
(b) Following receipt of the checklist, the City PlannerShoreline 20
Administrator will conduct a review to determine whether there are any 21
critical area indicators present that may be impacted by the proposal. 22
(8) Initial Determination:. 23
(c)(a) If the City PlannerShoreline Administrator determines that the site 24
potentially includes, or is adjacent to critical areas, or that the proposed 25
project could have significant adverse impacts on critical areas, the City 26
PlannerShoreline Administrator shall notify the Applicant applicant that a 27
Critical Area Detailed Study is required for each of the indicated critical 28
area types. 29
(d)(b) If the review of the checklist and critical area resources do not indicate 30
that critical areas are included or adjacent to the activity, or could suffer 31
probable significant adverse impacts from the activity, then the City 32
PlannerShoreline Administrator shall rule that the Critical Area Review is 33
complete. The determination shall be noted on the checklist. 34
(e)(c) The aApplicant shall acknowledge in writing that a determination 35
regarding the apparent absence of one or more critical areas by the City 36
PlannerShoreline Administrator is not intended to be an expert 37
certification regarding the presence of critical areas and that the 38
determination is subject to possible reconsideration and reopening if new 39
information is received. If the aApplicant wants greater assurance of the 40
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 92
January 2015
accuracy of the Critical Area Review determination, the aApplicant may 1
hire a qualified consultant to provide such assurances. 2
(9) Waivers from Critical Area Detailed Study Requirements:. 3
(f)(a) The City PlannerShoreline Administrator may waive the requirement for a 4
Critical Area Detailed Study if there is substantial evidence that: 5
(i) There will be no alteration of the critical areas or required buffer; 6
(ii) The development proposal will not impact the critical area in a 7
manner contrary to the purpose, intent and requirements of this 8
Titlesection; and 9
(iii) The performance standards required by this Title section will be 10
met. 11
(b) In making the determination, the Shoreline Administrator may use any of 12
the most current scientific information and the Critical Area reference 13
maps and/or inventories identified in PMC 29.01.500 (6). 14
(g)(c) Notice of the findings substantiating the waiver will be attached to the 15
permit and filed with the application records. 16
(9)(10) Critical Area Detailed Studies: 17
(a) Preliminary Reconnaissance. If a Critical Area Detailed Study is 18
determined to be necessary, then a data review and field reconnaissance 19
shall be performed by a qualified consultant for that type of critical area. If 20
the Detailed Study reveals no critical area is present, then a statement of 21
this finding along with supporting evidence shall be prepared by the 22
consultant and submitted to the City. An approved finding of the lack of a 23
critical area shall satisfy all of the requirements for a Detailed Study. 24
(b) Minimum Requirements. If the data review and field reconnaissance 25
reveals that a critical area is present, then a complete Detailed Study shall 26
be prepared by the aApplicant and submitted to the City. At a minimum, a 27
Critical Area Detailed Study shall comply with the specific criteria in 28
Chapters 28.16 through 28.32PMC 29.01.520 through PMC 29.01.560, 29
and clearly document: 30
(i) The boundary and extent of the critical area; 31
(ii) The existing function, value, and/or hazard associated with the 32
critical area; 33
(iii) The probable impact upon the function, value, and/or hazard 34
associated with the critical area from the project as proposed; and 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 93
January 2015
(iv) A mitigation plan including the items in Sections 28.12.180PMC 1
29.01.510 (13). 2
(c) Limitations to Study Area. If the aApplicant, together with assistance from 3
the City, cannot obtain permission for access to properties adjacent to the 4
project area, then the Critical Area Detailed Study may be limited 5
accordingly. 6
(d) Preparation and Determination of Completeness. The Critical Area 7
Detailed Study shall be prepared by a qualified consultant for the type of 8
critical area or areas involved. The qualified consultant may consult with 9
the City PlannerShoreline Administrator prior to or during preparation of 10
the Ccritical Aarea Ddetailed Sstudy to obtain City approval of 11
modifications to the contents of the study where, in the judgment of the 12
qualified consultant, more or less information is required to adequately 13
address the critical area impacts and required mitigation. 14
If the Critical Area Detailed Study is found to be incomplete, the aApplicant shall 15
be notified and the Critical Area Review process shall be suspended pending 16
correction of the inadequacies. Upon receipt of a complete Critical Area Detailed 17
Study a final determination is to be rendered. 18
(10)(11) Final Determination. Following submission of a completed Detailed 19
Study, the City PlannerShoreline Administrator will review the Detailed Study 20
and make a determination, based on the Critical Area Detailed Study and any 21
other available and appropriate materials. The City PlannerShoreline 22
Administrator's determination will address the adequacy of the project, as 23
proposed, to mitigate any effects it may have on critical areas that are included 24
within or adjacent to the project site. The City PlannerShoreline Administrator 25
may elect to request assistance from state resource agency staff if necessary. In 26
addition, the City PlannerShoreline Administrator will assess the adequacy of the 27
project proposal's compliance with the applicable performance standards and this 28
SMP. Notice of this determination shall be attached to the permit and the Critical 29
Area Review shall be completed. 30
(a) A Favorable Determination. A determination that the project proposal 31
adequately mitigates its impacts on the critical areas and complies with the 32
applicable performance standards satisfies the provisions of this Title only. 33
It should not be construed as endorsement or approval of the original or 34
any subsequent permit applications. 35
(b) An Unfavorable Determination. When a project proposal is found to not 36
adequately mitigate its impacts on the critical areas and/or not comply 37
with applicable performance standards, the City PlannerShoreline 38
Administrator shall prepare written notice of the reasons for the finding of 39
non-compliance. Such notice shall identify the critical area impacted, and 40
the nature of the impact. 41
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 94
January 2015
Following notice of a determination from the Critical Area Review that the 1
proposed activity does not adequately mitigate its impacts on the critical areas 2
and/or does not comply with applicable performance standards, the aApplicant 3
may request consideration of a revised mitigation plan. If the revision is found to 4
be substantial and relevant to the Critical Area Review, the City 5
PlannerShoreline Administrator may re-open the Critical Area Review and make 6
a new determination based on this revised mitigation plan. 7
(11)(12) Completion of the Critical Area Review. If at any time prior to completion 8
of the public input process on associated permits or approvals, the City receives 9
new evidence that a critical area may be included in, adjacent to, or significantly 10
impacted by the proposed activity, then the City shall re-open the 11
Ccritical Aarea rReview process and shall require whatever level of Ccritical A 12
area Rreview and mitigation as indicated by the evidence. Once the public input 13
process on all associated permits or approvals is completed and the record is 14
closed, then the City's determination regarding critical areas shall be final, unless 15
appeal is filed as per Chapter 2.19 of the Pasco Municipal CodePMC 29.01.810, 16
Appeals. 17
(12)(13) Mitigation Standards:. 18
(a) All proposed critical area alterations shall include mitigation sufficient to 19
maintain the function and values of the critical area, or to prevent risk 20
from a hazard posed by a critical area. Mitigation of one critical area 21
impact should not result in unmitigated impacts to another critical area. 22
Mitigation includes avoiding, minimizing, or compensating for adverse 23
impacts to critical areas or their buffers. The preferred sequence of 24
mitigation is defined below (1 - most preferred, 6 - least preferred):in 25
PMC 29.01.230, Environmental Protection. 26
(i) Avoid the impact altogether by not taking a certain action or parts 27
of an action. 28
(ii) Minimize the impacts by limiting the degree or magnitude of the 29
action and its implementation by using appropriate technology, or 30
by taking affirmative steps to avoid or reduce impacts. 31
(iii) Rectify the impact by repairing, rehabilitating or restoring the 32
affected environment to the conditions existing at the time of the 33
initiation of the project. 34
(iv) Reduce or eliminate the impact over time through use of 35
preservation and maintenance operations during the life of the 36
action. 37
(v) Compensate for the impact by replacing, enhancing, or providing 38
substitute resources or environments. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 95
January 2015
(vi) Monitoring the impact and taking corrective measures. 1
(b) Possible mitigation techniques include, but are not limited to,: buffers, 2
setbacks, limits on clearing and grading, creation of artificial wetlands, 3
streambank stabilization, modified construction methods, and best 4
management practicesBMPs for erosion control and maintenance of water 5
quality. 6
(c) All proposed mitigation shall be documented in a mitigation plan included 7
as an element of the Critical Area Detailed Study. The mitigation plan 8
shall include a description of the following: 9
(i) The proposed mitigation, specifically, proposed; 10
(ii) How the proposed mitigation will maintain the critical area 11
function, any ongoing monitoring and/or inspection that may be 12
required to ensure the adequacy of the proposed mitigation, and an 13
evaluation of the anticipated effectiveness of the proposed 14
mitigation; 15
(iii) Any remedial measures that may be required, depending on the 16
outcome of that ongoing monitoring and/or inspection; 17
(iv) Any required critical expertise necessary to install, monitor, or 18
inspect the proposed mitigation; and 19
(v) Any bonding or other security required to insure performance 20
and/or maintenance of the proposed mitigation. 21
(14) Buffers.: 22
(d)(a) Buffers have, in some cases, been determined to be necessary to protect 23
critical areas and their functions. Where specific buffers are identified, 24
those buffers are deemed "required" or "standard" buffers. See Table 25
29.01.210 (2) for riparian buffers and PMC 29.01.520 for wetland buffers. 26
(i) Except as otherwise specified herein, required buffers shall be 27
retained in their pre-existing condition. If a project does not 28
propose any alteration of buffers or of the associated critical area, 29
then subject to the following provision, no additional mitigation 30
will be required to protect the critical area. Additional mitigation 31
beyond the required buffer shall be required if the City 32
PlannerShoreline Administrator finds that, based on unique 33
features of the critical area or its buffer or of the proposed activity, 34
the required buffers will not adequately protect the function of the 35
critical area or prevent risk of hazard from the critical area and that 36
additional mitigation or buffering is required to protect the critical 37
area function or to prevent risk of hazard from the critical area. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 96
January 2015
(ii) The buffer shall be marked prior to any site alteration, and 1
boundary markers shall be visible, durable, and permanently 2
affixed to the ground. The boundary markers shall remain until all 3
activity is completed and a final site inspection is completed. 4
(iii) An eight (8-) foot- minimum setback shall be required from the 5
buffer area for any construction of impervious surface area greater 6
than one hundred and twenty (120) square feet. Clearing, grading, 7
and filling within this setback shall only be allowed when the 8
aApplicant can demonstrate that vegetation within the buffer will 9
not be damaged. 10
(iv) Where temporary buffer disturbance or alteration has or will occur 11
in conjunction with regulated activities, revegetation with 12
appropriate native vegetation shall be required and completed one 13
(1) month before the end of the growing season. 14
(v) Normal non-destructive pruning and trimming of vegetation for 15
maintenance purposes,; or thinning of limbs of individual trees to 16
provide a view corridor, shall not be subject to these buffer 17
requirements. Enhancement of a view corridor shall not be 18
construed to mean excessive removal of trees or vegetation that 19
impairs views. See also PMC 29.01.240, Shoreline Vegetation 20
Conservation. 21
(e)(b) If the Aapplicant proposes to reduce required buffers or to alter the 22
required buffer, then the aApplicant shall demonstrate why such buffer 23
modification, together with any alternative mitigation proposed in the 24
Critical Area Detailed Study, is sufficient to protect the critical area 25
function or to prevent risk of hazard from the critical area. 26
(f)(c) The Critical Area Detailed Study shall make adequate provision for long--27
term buffer protection. Periodic inspection of the buffers may be required 28
if deemed to ensure long-term buffer protection. 29
(13)(15) Bonding. The City PlannerShoreline Administrator shall have the 30
discretion to require a bond, which will ensure compliance with the mitigation 31
plan if activity related to the protection of the critical area(s) (e.g.for example, 32
monitoring or maintenance) or construction is scheduled to take place after the 33
issuance of the City's permit. The bond shall be in the form of a surety bond, 34
performance bond, assignment of savings account, or an irrevocable standby letter 35
of credit guaranteed by a financial institution with terms and conditions 36
acceptable to the City's AAttorney. The bond shall be in the amount of one 37
hundred and twenty-five percent (125%) of the estimated cost of the uncompleted 38
actions or construction or the estimated cost of restoring the function and values 39
of the critical area that are at risk, whichever is higher. The term of the bond shall 40
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 97
January 2015
be 2two ( 2) years, or until the additional activity or construction has been 1
completed and passed the necessary inspections, whichever is longer. 2
(14)(16) Incentives. The following incentives are intended to minimize the burden 3
to individual property owners from application of the provisions of this 4
chaptersection: 5
(a) Open Space. Any property owner on whose property a critical area or its 6
associated buffer is located and who proposes to put the critical area and 7
buffer in a separate tract may apply for current use property tax 8
assessment on that separate tract through Franklin County, pursuant to 9
RCW 84.34. 10
(b) Conservation Easement. Any person whose property contains an identified 11
critical area or its associated buffer may place a conservation easement 12
over that portion of the property by naming a beneficiary under 13
RCW 64.04.130 as beneficiary of the conservation easement. This 14
conservation easement may be in lieu of a separate critical areas tract that 15
qualifies for open- space tax assessment described in Section 16
28.12.210PMC 29.01.510 (16a). The purpose of the easement shall be to 17
preserve, protect, maintain, restore, and limit future use of the property 18
affected. The terms of the conservation easement may include prohibitions 19
or restrictions on access. 20
(17) Critical Areas Mapping. The approximate location and extent of critical areas in 21
the City of Pasco may include the following: 22
(a) are Critical areas shown on the critical areas map adopted as a part of the 23
Comprehensive Plan. 24
(b) Other mapping resources provided in PMC 29.01.500 (6).. 25
The mMapping resources areis to be used only as a guides to alert the user to the 26
possible distribution, location, and extent of critical areas. The Mapping shall be 27
utilized as a source of generalized information and shall not be considered as 28
regulatory standards or substitute for site-specific assessments. The actual type, 29
extent, and boundaries of critical areas shall be determined in the field by a 30
qualified specialist according to the procedures, definitions, and criteria 31
established inby this Titlesection. 32
29.01.520 Wetlands 33
(1) Purpose. The purpose of this chapter section is to promote public health and 34
welfare by instituting local measures to preserve naturally occurring wetlands that 35
exist in the city City’s shoreline jurisdiction for their associated value. These 36
areas may serve a variety of vital functions, including, but not limited to,: flood 37
storage and conveyance, water quality protection, recharge and discharge areas 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 98
January 2015
for groundwater, erosion control, sediment control, fish and wildlife habitat, 1
recreation, education, and scientific research. 2
(2) Wetland Designation. Under this SMP Article V, Critical AreasTitle, wetlands 3
shall be designated in accordance with the definitions, methods, and standards set 4
forth in the approved 1987 USACE Wetlands Delineation Manual, as amended 5
and its regional applicable regional supplements, as amended (The Arid West 6
Final Regional Supplement was last updated in 2008 at time of SMP 7
adoption)Washington State Wetlands Identification and Delineation Manual as 8
amended (Washington State Department of Ecology, March 1997, Ecology 9
Publication #96-94). All areas within the City of Pasco meeting the criteria 10
identified in this delineation manual, regardless of whether or not these areas have 11
been formally identified as wetlands, are hereby designated as wetland critical 12
areas and are subject to the provisions of this TitleSMP Article V, Critical Areas. 13
(3) Wetland Rating (Classification).: 14
(a) The wetlands rating system is intended to differentiate between wetlands 15
based on their sensitivity to disturbance, rarity, irreplaceablilitiy, and the 16
functions and values they provide. A general description of wetland 17
categories and the rationale for each category is provided in the definitions 18
section of this TitlePMC 29.01.860, Definitions (see "Wetland 19
Categories"). 20
(b) Wetlands shall be rated (classified) as either Category I, Category II, 21
Category III, or Category IV according to the criteria listed in this section. 22
This rating system is based on the Washington Department of Ecology's 23
Washington State Wetlands Rating System for Eastern Washington--- 24
Ecology Publication #14-06-030 (October 2014), as amended. The most 25
Revised and the most current copy of thisat document should be used in 26
classifying wetlands and developing wetland mitigation plansshould be 27
referred to for additional information on classification of wetlands. 28
(3)(4) Wetland Indicators. The following indicators of wetland presence shall be used by 29
the City PlannerShoreline Administrator to determine if a Wwetland Detailed 30
Study is needed: 31
(a) Listing in the City's Critical Areas Mapping resources as a wetland or 32
resources listed in PMC 29.01.500 (6); or 33
(b) Documentation, through references state or federal handbooks and or 34
reports by qualified experts; or 35
(c) A finding by a qualified wetland biologist that an appropriate hydrologic, 36
soil, and/or vegetation regime indicative of a wetland exists; or 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 99
January 2015
(d) A reasonable belief by the City PlannerShoreline Administrator that a 1
wetland may exist, supported by a site visit and subsequent consultation 2
with a qualified wetland biologist. 3
(4)(5) Wetland Detailed Study. - Requirements. If a Wetland Detailed Study is required, 4
it shall meet the following requirements in addition to the Basic Requirements 5
identified in Sections 28.12.150PMC 29.01.510 (10): 6
(a) The Wetland Detailed Study shall be completed by a qualified wetlands 7
biologist. 8
(b) The extent and boundaries of any wetlands shall be determined in 9
accordance with the methodology specified under Section 28.16.020PMC 10
29.01.520 (2). The boundary shall be surveyed and mapped at a scale no 11
smaller than one (1) inch equals two hundred (200) feet. 12
(c) A wetland community description and wetland classification shall be 13
completed, consistent with the requirements of PMC 29.01.520 (2)Section 14
28.16.020. 15
(d) A written values and functions assessment shall be completed and address 16
site hydrology (source of water in the system, water quality, flood and 17
stream flow attenuation, seasonality of presence of water, if applicable), 18
soils, vegetation, fish and wildlife habitat, recreation, and aesthetics. 19
(e) The site plan for the proposed activity shall be mapped at the same scale 20
as the wetland map, showing the extent of the proposed activity in 21
relationship to the surveyed wetland, including a detailed narrative 22
describing the project, its relationship to the wetland, and its potential 23
impact on the wetland. 24
(f) The proposed mitigation plan shall follow the general mitigation plan 25
requirements described in PMC 29.01.510 (13)Section 28.12.180, and 26
shall address how the activity has been mitigated to avoid and minimize 27
adverse impacts to wetlands. The Guidelines for Developing Freshwater 28
Wetlands Mitigation Plans and ProposalsWetland Mitigation in 29
Washington State – Part 2: Developing Mitigation Plans, Department of 30
Ecology Publication # 06--06--011b, , March 1994 2006 (or any 31
succeeding documents) should be used as a basis for mitigation. 32
(5)(6) Wetland Detailed Study Exemptions. In addition to activities exempted in Section 33
28.12.03PMC 29.01.510 (3) and PMC 29.01.7700, the following activities shall 34
not require a Wetland Detailed Study, provided they are conducted using accepted 35
Best Management PracticesBMPs as determined by the City PlannerShoreline 36
Administrator: 37
(a) Conservation or preservation of soil, water, vegetation, fish, or other 38
wildlife. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 100
January 2015
(6)(7) Basic Wetland Requirement. A regulated wetland or its required buffer can only 1
be altered if the Wetland Detailed Study shows that: 2
(a) The proposed alteration does not degrade the quantitative and qualitative 3
functions of the wetland and results in not net loss of ecological function, 4
or 5
(b) Any degradation can be adequately mitigated to protect the wetland 6
function. Any proposed alteration approved pursuant to this section shall 7
include mitigation necessary to mitigate the impacts of the proposed 8
alteration on the wetland as described in this Chapter section and Section 9
28.12.180PMC 29.01.510 (13). 10
(7)(8) Required Buffers.: 11
(a) Buffer Requirements. The following buffers shall be required for wetlands 12
based on the rating of the wetland as outlined in Section 28.16.030PMC 13
29.01.520 (3) and land- use intensity described in Table 29.01.520 (8)(b). 14
(i) Any wetland created, restored, or enhanced as compensation for 15
approved wetland alterations shall also include the standard buffer 16
required for the category of the created, restored, or enhanced 17
wetland. 18
Table X29.01.520 (8)(a): Wetland Buffer Width Requirements 19
Category of Wetland
Land Use with Low
Impact*
Land Use with
Moderate Impact*
Land Use with High
Impact*
IV 25 feet 40 feet 50 feet
III 75 feet 110 feet 150 feet
II 100 feet 150 feet 200 feet
I 125 feet 190 feet 250 feet
Note:
*See Table 2 in this section for types of land uses that can result in low, moderate, and high impacts to
wetlands.
20
Wetland Characteristics
Buffer Width by Impact of
Proposed Land Use
Other Measures
Recommended for Protection
Category IV Wetlands (For wetlands scoring less than 16 points or more for all functions)
Score for all three basic functions is less
than 16 points
Low – 25 feet
Moderate – 40 feet
High – 50 feet
No recommendations at this
time
Category III Wetlands (For wetlands scoring 16 to 18 points or more for all functions)
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 101
January 2015
Wetland Characteristics
Buffer Width by Impact of
Proposed Land Use
Other Measures
Recommended for Protection
Moderate level of function for habitat
(score for habitat 5 to 7 points)
*If wetland scores 8 to 9 habitat points,
use Category II buffers
Low – 75 feet
Moderate – 110 feet
High – 150 feet
No recommendations at this
time
Score habitat for 3 to 4 points
Low – 40 feet
Moderate – 60 feet
High – 80 feet
No recommendations at this
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)
High level of function for habitat (score
for habitat 8 to 9 points)
Low – 100 feet
Moderate – 150 feet
High – 200 feet
Maintain connections to other
habitat areas
Moderate level of function for habitat
(score for habitat 5 to 7 points)
Low – 75 feet
Moderate – 110 feet
High – 150 feet
No recommendations at this
time
High level of function for water quality
improvement and low for habitat (score
for water quality 8 to 9 points; habitat
less than 5 points)
Low – 50 feet
Moderate – 75 feet
High – 100 feet
No additional surface
discharges of untreated runoff
Riparian forest
Buffer width to be based on
score for habitat functions or
water quality functions
Riparian forest wetlands need
to be protected at a watershed
or subbasin scale
Other protection based on
needs to protect habitat and
water quality functions
Not meeting above characteristic
Low – 50 feet
Moderate – 75 feet
High – 100 feet
No recommendations at this
time
Vernal pool
Low – 100 feet
Moderate – 150 feet
High – 200 feet
Or develop a regional plan to
protect the most important
vernal pool complexes; buffers
of vernal pools outside
protection zones can then be
reduced to:
Low – 40 feet
Moderate – 60 feet
High – 80 feet
No intensive grazing or tilling
of wetland
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 102
January 2015
Wetland Characteristics
Buffer Width by Impact of
Proposed Land Use
Other Measures
Recommended for Protection
Category I Wetlands (For wetlands scoring 22 points or more for all functions or having the “Special
Characteristics” identified in the rating system)
Wetlands of High Conservation Value
Low – 125 feet
Moderate – 190 feet
High – 250 feet
No additional surface
discharges to wetland or its
tributaries
No septic systems within 300
feet of wetland
Restore degraded parts of
buffer
High level of function for habitat (score
for habitat 8 to 9 points)
Low – 100 feet
Moderate – 150 feet
High – 200 feet
Restore degraded parts of
buffer
Maintain connections to other
habitat areas
Moderate level of function for habitat
(score for habitat 5 to 7 points)
Low – 75 feet
Moderate – 110 feet
High – 150 feet
No recommendations at this
time
High level of function for water quality
improvement (8 to 9 points) and low for
habitat (less than 5 points)
Low – 50 feet
Moderate – 75 feet
High – 100 feet
No additional surface
discharges of untreated runoff
Not meeting above characteristics
Low – 50 feet
Moderate – 75 feet
High – 100 feet
No recommendations at this
time
Note: 1
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, 2
moderate, and high impacts to wetlands. 3
4
Add note – or most current Ecology guidance… 5
6
(b) The Land Use Intensity table describes the types of proposed land use that 7
can result in high, moderate, and low levels of impacts to adjacent 8
wetlands. 9
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 103
January 2015
Table 29.01.520 (8)(b): Land Use Intensity Table 1
Level of
Impact from
Proposed
Change in
Land Use Types of Land Use Based on Common Zoning Designations
High
• Commercial
• Urban
• Industrial
• Institutional
• Retail sales
• Residential (more than one unit/acre)
• Conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing
and harvesting crops requiring annual tilling and raising and maintaining animals,
etc.)
• High-intensity recreation (e.g., golf courses and ball fields)
• Hobby farms
Moderate
• Residential (1 unit/acre or less)
• Moderate-intensity open space (e.g., parks with biking and jogging)
• Paved driveways and gravel driveways serving three or more residences
• Paved trails
Building of logging roads
• Utility corridor or right-of-way shared by several utilities and including
access/maintenance road
Low
• Forestry (cutting of trees only)
• Low-intensity open space (e.g., hiking, bird-watching, and preservation of natural
resources)
Timber management
Gravel driveways serving two or fewer residences
• Unpaved trails
• Utility corridor without a maintenance road and little or no vegetation
management
2
(c) Measuring Buffer Dimensions. Wetland buffers shall be measured 3
horizontally in a landward direction from the delineated wetland edge. 4
(d) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a 5
continuous slope of twenty-five percent (25%) or greater, the buffer shall 6
include such sloping areas. Where the horizontal distance of the sloping 7
area is greater than the required standard buffer, the buffer shall be 8
extended to a point twenty-five (25) feet beyond the top of the bank of the 9
sloping area. 10
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 104
January 2015
(8)(9) Compensatory Mitigation. As a condition of any development permit or approval, 1
which results in on-site loss or degradation of regulated wetlands and/or wetland 2
buffers, the City may require the aApplicant to provide compensatory mitigation 3
to ensureassure no net loss of ecological function and to offset impacts resulting 4
from the actions of the aApplicant or Violator. The following standards shall 5
apply: 6
(a) The mitigation shall be conducted on property that shall be protected and 7
managed to avoid further loss or degradation. The aApplicant or violator 8
shall provide for long- term preservation of the mitigation area. 9
(b) Mitigation ratios shall be consistent with the following entitled 10
Washington State Department of Ecology manual; Wetland Mitigation in 11
Washington State, Part 1: Agency Policies and Guidance (Version 1, 12
Publication #06-06-011lla, March 2006) and Wetland Mitigation in 13
Washington State, Part 2: Developing Mitigation Plans (Version 1, 14
Publication #06-06-011llb, March 2006). See Table 29.01.520 (13), 15
Wetland Mitigation Ratios (for Eastern Washington). 16
(c) Mitigation shall follow an approved mitigation plan and reflect the 17
restoration/creation ratios specified above. 18
(d) The Applicant applicant shall enter in to a wetland mitigation monitoring 19
agreement with the City as a condition of approval. The monitoring 20
program will continue for at least 8eight years from the date of plant 21
installation. Monitoring will continue for 10ten years where woody 22
vegetation (forested or shrub wetlands) is the intended result. 23
These communities take at least 8eight years after planting to reach eighty 24
percent80% canopy closure. Reporting for a 10-ten year monitoring period 25
shall occur in years 1one, 2two, 3three, five, seven and ten5, 7, and 10. 26
Monitoring in all instances shall be bonded. Reporting results of the 27
monitoring data to the City is the responsibility of the aapplicant. 28
(e) Mitigation shall be completed prior to or concurrently with, wetland loss,; 29
or, in the case of an enforcement action, prior to continuation of the 30
activity by the aApplicant or violator. 31
(f) On-site mitigation is generally preferred over off-site mitigation. 32
(g) Off-site mitigation allows replacement of wetlands away from the site on 33
which the wetland has been impacted by a regulated activity. Off-site 34
mitigation will be conducted in accordance with the restoration/creation 35
ratios described above and in Table 29.01.520 (13), Wetland Mitigation 36
Ratios (for Eastern Washington). Off-site mitigation shall occur within the 37
same drainage basin as the wetland loss occurs, provided that Category IV 38
wetlands may be replaced outside of the watershed if there is no 39
reasonable alternative. Off-site mitigation may be permitted where: 40
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 105
January 2015
(i) On-site mitigation is not feasible due to hydrology, soils, or other 1
factors. 2
(ii) On-site mitigation is not practical due to probable adverse impacts 3
from surrounding land uses or would conflict with a federal, state, 4
or local public safety directive. 5
(iii) Potential functional values at the site of the proposed restoration 6
are greater than the lost wetland functional values. 7
(h) When the wetland to be altered is of a limited functional value and is 8
degraded, mitigation shall be of the wetland community types needed 9
most in the location of mitigation and those most likely to succeed with 10
the highest functional value possible. 11
(i) Out-of-kind mitigation can be allowed when out-of-kind replacement will 12
best meet the provisions of this section. 13
(j)(i) Except in the case of cooperative mitigation projects in selecting 14
mitigation sites, aApplicants shall pursue locations in the following order 15
of preference: 16
(i) Filled, drained, or cleared sites that were formerly wetlands and 17
where appropriate hydrology exists. 18
(ii) Upland sites, adjacent to wetlands, if the upland is significantly 19
disturbed and does not contain a mature forested or shrub 20
community of native species, and where the appropriate natural 21
hydrology exists. 22
(k)(j) Where out-of-kind replacement is accepted, greater restoration/creation 23
ratios may be required. 24
(l)(k) Construction of mitigation projects shall be timed to reduce impacts to 25
existing wildlife and plants. Construction shall be timed to assure 26
thatensure grading and soil movement occurs during the dry season, and 27
planting of vegetation shall be specifically timed to the needs of target 28
species. 29
(9)(10) Innovative Mitigation.: 30
(a) One or more aApplicants, or an organization may undertake a mitigation 31
project together if it is demonstrated that all of the following 32
circumstances exist: 33
(i) Creation of one or several larger wetlands may be preferable to 34
many small wetlands; 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 106
January 2015
(ii) The group demonstrates the organizational and fiscal capability to 1
act cooperatively; 2
(iii) The group demonstrates that long- term management of the 3
mitigation area will be provided; and, 4
(iv) There is a clear potential for success of the proposed mitigation at 5
the identified mitigation site. 6
(b) Conducting mitigation as part of a cooperative process does not reduce or 7
eliminate the required replacement ratios outlined in Section 8
28.16.120 (e) , except where a compensatory mitigation plan, including a 9
5five-year monitoring agreement, is included as a condition of approval, 10
such plan shall allow for one-to-one (1:1) replacement ratios upon 11
successful completion of the monitoring agreement. 12
(c)(b) Wetland mitigation and banking programs shall be consistent with the 13
provisions outlined in the Department of Ecology's publication Wetland 14
Mitigation in Washington State, Part 1: Agency Policies and Guidance 15
(Version 1, Publication #06-06-011lla, March 2006) and Wetland 16
Mitigation in Washington State, Part 2: Developing Mitigation Plans 17
(Version 1, Publication #06-06-01llb, March 2006). 18
(i) Credits from a wetland mitigation bank may be approved for use as 19
compensation for unavoidable impacts to wetlands when: 20
(A) The bank is certified under Chapter WAC 173-700 WAC; 21
(B) The City PlannerShoreline Administrator determines that 22
the wetland mitigation bank provides appropriate 23
compensation for the authorized impacts; and 24
(C) The proposed use of credits is consistent with the terms and 25
conditions of the bank's certification. 26
(ii) Replacement ratios for projects using bank credits shall be 27
consistent with replacement ratios specified in the bank's 28
certification. 29
(iii) Credits from a certified wetland mitigation bank may be used to 30
compensate for impacts located within the service area specified in 31
the bank's certification. In some cases, the service area of the bank 32
may include portions of more than one adjacent drainage basin for 33
specific wetland functions. 34
(10)(11) Mitigation Exceptions. Requirements for mitigation do not apply when a 35
wetland alteration is intended exclusively for the enhancement or restoration of an 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 107
January 2015
existing regulated wetland, and the proposal will not result in a loss of wetland 1
function and value, subject to the following conditions: 2
(a) The enhancement or restoration project shall not be associated with a 3
development activity. 4
(b) A restoration plan shall be prepared and approved as described in Section 5
28.16.120PMC 29.01.520 (12). 6
(11)(12) Restoration. Restoration is required when a wetland or its buffer has been 7
altered in violation of SMP, Article V, Critical Areasthis Title. The following 8
minimum performance standards shall be met for the restoration of a wetland, 9
pProvided that if it can be demonstrated by the aApplicant that greater functional 10
and habitat values can be obtained, these standards may be modified: 11
(a) The original wetland configuration should be replicated, including depth, 12
width, and length at the original location. 13
(b) The original soil types and configuration shall be replicated. 14
(c) The wetland, including buffer areas, shall be replanted with native 15
vegetation, which replicates the original species, sizes, and densities. 16
(d) The original functional values shall be restored, including water quality 17
and wildlife habitat functions. 18
(e) Required replacement ratios are shown in the Re-establishment or 19
Creation column of the following tableTable 29.01.520 (13), Wetland 20
Mitigation Ratios (for Eastern Washington).: 21
22
Table X: Wetland In-Kind (On-Site) Restoration: Restoration/Creation Area Ratios 23
Wetland Category Wetland Area Created:Wetland Area Lost
Category I 4:1
Category II or III 2:1
Category IV 1.25:1
(f) A restoration plan shall be prepared and approved prior to commencement 24
of restoration work. Such a plan shall be prepared by a qualified wetland 25
biologist and shall describe how the proposed actions meet the minimum 26
requirements described above. The City PlannerShoreline Administrator 27
shall, at the applicant's or expense, seek expert advice in determining the 28
adequacy of the Restoration Pplan. Inadequate plans shall be returned to 29
the aApplicant or vViolator for revision and resubmittal. 30
(12)(13) Wetland mitigation ratios are provided in the Table 29.01.520 (13). 31
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 108
January 2015
Table 29.01.520 (13). Wetland Mitigation Ratios (for Eastern Washington) 1
Category and
Type of
Wetland
Impacts
Re-
establishment
or Creation
Rehabilitation
Only1
Re-
establishment or
Creation and
Rehabilitation1
Re-
establishment or
Creation and
Enhancement1
Enhancement
Only1
All Category IV 1.5:1 3:1 1:1 R/C and 1:1
RH 1:1 R/C and 2:1 E 6:1
All Category III 2:1 4:1 1:1 R/C and 2:1
RH 1:1 R/C and 4:1 E 8:1
All other
Category II 3:1 6:1 1:1 R/C and 4:1
RH 1:1 R/C and 8:1 E 12:1
Category I
based on score
for functions
4:1 8:1 1:1 R/C and 6:1
RH
1:1 R/C and 12:1
E 16:1
Category I
Natural
Heritage site
Not considered
possible2
6:1
Rehabilitation
of a Natural
Heritage site
R/C not
considered
possible2
R/C not
considered
possible2
Case-by-case
Notes: 2
1. These ratios are based on the assumption that the rehabilitation or enhancement actions implemented 3
represent the average degree of improvement possible for the site. Proposals to implement more effective 4
rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a 5
higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and 6
enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and 7
enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 8
2. Natural Heritage sites, alkali wetland, and bogs are considered irreplaceable wetlands because they perform 9
some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would 10
therefore result in a net loss of some functions no matter what kind of compensation is proposed. 11
12
Reference: 13
Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental 14
Protection Agency Region 10, March 2006. Wetland Mitigation in Washington State – Part 1: Agency Policies and 15
Guidance (Version 1). Washington State Department of Ecology Publication #06-06-011a. Olympia, Washington. 16
17
E = Enhancement 18
R/C = Re-establishment or Creation 19
RH = Rehabilitation 20
E = Enhancement 21
22
29.01.530 Fish and Wildlife Habitat 23
(1) Purpose. The purpose of this chapter section is to provide a framework to evaluate 24
the development, design, and location of buildings to ensure critical fish and 25
wildlife habitat with the shoreline jurisdiction is preserved and protected, in order 26
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 109
January 2015
to ensure no net loss of ecological function and to avoid habitat fragmentation. 1
These regulations seek to protect critical habitat areas so populations of 2
endangered, threatened, and sensitive species are given consideration during the 3
shoreline development review process. 4
(2) Fish and Wildlife Habitat Area Designation and Classification Criteria.: 5
(a) Fish and Wwildlife Hhabitat Aareas shall include the following: 6
7
Table X29.01.530 (2)(a): Criteria for Classification of Fish and Wildlife Habitat Areas 8
Habitat Area Characteristic/Classification Source
(1) Areas with which state or federally designated endangered,
threatened, and sensitive species have a primary association
DF&W, USF&WWDFW, USFWS
(NOAA)
(2) Naturally occurring under 20 acres in size and their submerged aquatic
beds that provide fish or wildlife habitat DOEEcology
(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)
• Columbia River
• Snake River
WDNR, DOEEcology, DF&WWDFW,
affected Indian tribes
(4) State Natural Area Preserves and Natural Resource Conservation
Areas; and, WDNR
(5) Habitat areas of local importance as determined by resolution of the
City Council. DF&W, WDFW
9
(b) The map references indicated are intended to serve only as a guide during 10
development review. In all cases, the actual presence or absence of listed 11
species or habitat shall determine how this Title section applies. 12
(c)(b) All areas within the City of Pasco’s shoreline jurisdiction meeting one or 13
more of these criteria, are hereby designated as critical areas and are 14
subject to the provisions of this Titlesection. 15
(c) Priority Habitats and Species for Franklin County are identified in the 16
Washington Department of Fish and Wildlife, 2008 Priority Habitat and 17
Species List published by the Washington State Department of Fish and 18
Wildlife.Mapping information sources for identification of fish and 19
wildlife habitat conservation areas include, but are not limited to: 20
(i) Washington State Department of Fish and WildlifeWDFW Priority 21
Habitat and Species (PHS) maps. 22
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 110
January 2015
(ii) Wetlands mapped under the National Wetland Inventory by the 1
U.S. Department of Interior; USFWS. 2
(iii) Washington State Department of Fish and 3
WildlifeWDFW/Department of Natural ResourcesWDNR, 4
Washington Rivers Inventory System (WARIS) maps. 5
(i)(iv) Maps and reference documents in the City of Pasco SMP 6
Inventory, Analysis, and Characterization Rreport, as applicable. 7
(3) Fish and Wildlife Habitat Area Rating. Fish and Wildlife Habitat Areas shall be 8
rated as Primary or Secondary according to the criteria in this section. 9
Table X29.01.530 (3): Classification by Fish and Wildlife Areas 10
Habitat Area Classification Source
Primary Habitats
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
endangered, threatened, or sensitive.
DF&WWDFW, USF&WWS
(NOAA)
(2) Those rivers identified as "Shorelines of the State"
under the City of Pasco Shoreline Master Program,
and streams within the shoreline jurisdiction.
DOEEcology
(3) Those wetlands identified as Category I Wetlands,
as defined in this title.
Section 28.04.020PMC 29.01.520
(3)
Secondary Habitat
Secondary habitats are those which are valuable to wildlife and support a wide variety of
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.
11
(4) Determination of Need for Fish and Wildlife Habitat Area Detailed Study:. 12
(a) A Detailed Study shall be required for any activity that is within two 13
hundred (200) feet of a Fish and Wildlife Habitat Area. 14
(b) Due to the sensitive nature of certain species, the Aapplicant shall notify 15
the City if the proposed activity will occur within 660 feet (1/8 of a mile) 16
of a Fish and Wildlife Habitat Area; the City may then contact appropriate 17
agencies and determine if a Detailed Study should be prepared, based on 18
the sensitivity of the site. 19
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 111
January 2015
(c) The City PlannerShoreline Administrator shall require a Habitat Area 1
Detailed Study of a habitat area if the following indicators are present: 2
(i) The area is listed in the City's Critical Areas Map as a Fish and 3
Wildlife Habitat Area; or 4
(ii) Documentation exists that shows that any of the classification 5
criteria listed in Section 28.20.030PMC 29.01.530 (3) are present, 6
based on any of the references listed in this Titlesection; or 7
(iii) A qualified fish and wildlife biologist finds that habitat conditions 8
appropriate to meet one or more of the classification criteria listed 9
above in 28.20.030PMC 29.01.530 (3) exist; or 10
(iv) The City PlannerShoreline Administrator possesses a reasonable 11
belief that a Fish and Wildlife Habitat may exist. Such reasonable 12
belief shall be supported by a site visit and subsequent consultation 13
with a qualified fish and wildlife biologist. 14
(5) Fish and Wildlife Habitat Area Detailed Study Requirements. If a Fish and 15
Wildlife Habitat Area Detailed Study is required, it shall include and/or meet the 16
following requirements in addition to the Basic Requirements identified in 17
Sections 28.12.150PMC 29.01.510 (10). 18
(a) The Detailed Study shall be completed by a qualified Fish and Wildlife 19
biologist with expertise in assessing the relevant species and habitats. 20
Evidence of qualifications shall be provided with the Detailed Study. 21
(b) The site plan and map submitted shall be of a scale no smaller than 22
1 inch = 200 feet. The site plan shall indicate all Fish and Wildlife Habitat 23
Critical Areas, as determined by the criteria in PMC 29.01.530 (3)Section 24
28.20.030, and shall include the area within two hundred (200) feet of the 25
subject property. The Applicant applicant may prepare the site plan; 26
however, it is subject to review by the qualified fish and wildlife biologist. 27
The extent and boundaries of the habitat shall be determined by the 28
qualified fish and wildlife biologist. 29
(c) A habitat description shall be included, including a habitat rating as 30
described in PMC 29.01.530 (3)Section 28.20.030, and a statement of 31
functions and values providing information on the species in question and 32
the associated plant and animal communities. A complete list of species 33
and special habitat features shall be included. 34
(d) A regulatory analysis shall be included, including a discussion of any 35
federal, state, tribal, and/or local requirements or special management 36
recommendations developed specifically for species and/or habitats 37
located on the site. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 112
January 2015
(e) The proposed mitigation plan shall address how the proposed development 1
activity has been mitigated to avoid and minimize adverse impacts to the 2
habitat, and shall follow the general mitigation plan requirements 3
described in PMC 29.01.530 (13)Section 28.12.180. 4
(f) A statement of management and maintenance practices shall be included, 5
including a discussion of ongoing maintenance practices that will ensure 6
assure protection of all fish and wildlife habitat conservation areas on-site 7
after the project has been completed. 8
(g) Habitat and Buffer Recommendation. 9
(i) Riparian habitat areas: For the protection of habitat along rivers, , 10
the buffer widths provided in Table 29.01.210 (2), Shoreline 11
Development Standards Matrix apply. 12
(i) Where non-fish species have been identified and classified as 13
endangered or threatened by the federal government or 14
Washington Department of Fish and Wildlife, the Detailed Study 15
shall identify the required habitat and recommend appropriate 16
buffers based on the State Department of Fish and Wildlife Priority 17
Habitat and Species (PHS) management recommendations. 18
(ii) Where other Fish and Wildlife Habitats areas have been identified, 19
the Detailed Study shall identify the required habitat and 20
recommend appropriate buffers based on the following 21
recommendations: 22
(A) For areas with endangered, threatened, and sensitive 23
species, any recommended protective measures shall be 24
consistent with the Washington Department of Fish and 25
Wildlife PHS management recommendations; and 26
(B) For naturally occurring ponds under twenty (20) acres, 27
protective provisions that are consistent with the wetland 28
performance 29
(h) Habitats and species that have been identified as Priority Species or 30
Priority Habitats by the Washington Department of Fish and 31
WildlifeWDFW Priority Habitats and Species Program should not be 32
reduced and shall be preserved through regulation, acquisition, incentives, 33
and other techniques. 34
(6) Performance Standards Minimum Requirements. This section describes the 35
minimum performance standard requirements for habitat areas, including wetland 36
habitats, riparian habitats, anadromous salmonids, and specific requirements for 37
bBald eEagle habitat areas. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 113
January 2015
(a) Wetland Habitats. All habitat sites containing wetlands shall conform to 1
the wetland development performance standards set forth in Chapter 2
28.16. 3
(b)(a) Riparian HHabitats:. 4
(i) Buffer Requirements. Native vegetation standard buffers for 5
activities occurring adjacent to streams within Fish and Wildlife 6
Habitat Areas shall be maintained. Buffer widths shall be based on 7
the extent of prior stream channel modification. Riparian buffers 8
are determined by whether or not a salmonid habitat is present. 9
(ii) The buffer distance from the ordinary high water markOHWM 10
shall be as are provided in Table 29.01.210 (2), Shoreline 11
Development Standards Matrix apply.follows: 12
Table X: Riparian Buffer Requirements 13
Stream Minimum Buffer Width
Columbia and Snake Rivers 100 feet
(7) 14
(i) Exception for Lots Adjacent to Pre-Existing Development. The 15
required Riparian buffer width listed above shall not apply in cases 16
where the adjacent pre-existing development (vested prior to the 17
effective date of this Title) does not meet these established 18
standards. In such cases, the buffer may be reduced by 19
one-third (1/3) the difference between the required buffer and the 20
larger of the two adjacent buffers. 21
(ii) Adjacency in this situation shall be defined as being within fifty 22
(50) feet of the side property lines. If there is only clearing on one 23
side of the proposed activity within fifty (50) feet of the side 24
property line, then the buffer can be reduced as shown in the 25
following table: 26
Table X: Riparian Buffer Requirements: 27
Adjacent Pre-existing Development Exceptions 28
Stream Minimum Buffer Width
Columbia and Snake Rivers 60 feet
29
(b) Bald Eagle Habitat. Bald eEagle habitat shall be protected pursuant to the 30
Washington State Bald Eagle Protection Rules (WAC 232-12-292). A 31
Habitat Management Plan shall be developed by the aApplicant in 32
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 114
January 2015
coordination with the Department of Fish and WildlifeWDFW whenever 1
activities that alter habitat are proposed near a verified nest territory or 2
communal roost. 3
(c) Wetland Habitat. All habitat sites containing wetlands shall conform to the 4
wetland development performance standards set forth in PMC 29.01.520, 5
Wetlands, and shall conform to the wetland mitigation and restoration 6
provisions set forth in Section 28.16 .080 thought 28.16.130PMC 7
29.01.520 (9) through (13). 8
(d) Anadromous Salmonids:. 9
(i) Activities, uses, and alterations proposed to be located in 10
waterbodies used by anadromous salmonids, or in areas that affect 11
such waterbodies, shall give special consideration to the 12
preservation and enhancement of anadromous salmonid habitat, 13
including, but not limited to, the following: 14
(A) Activities shall be timed to occur only during the allowable 15
work window, as designated by the WDFW; 16
(B) The activity is designed so that it will minimize the 17
degradation of the functions or values of the fish habitat or 18
other critical areas; and 19
(C) Any impact on the functions and values of the habitat 20
conservation area are mitigated in accordance with an 21
approved Fish and Wildlife Habitat Area Detailed Study. 22
(ii) Structures that prevent the migration of anadromous salmonids 23
shall not be allowed in the portion of the waterbodies currently 24
used by salmonids. Fish bypass facilities shall be provided that 25
allow the upstream migration of adult fish and prevent juveniles 26
migrating downstream from being trapped or harmed. 27
(iii) Fills waterward of the OHWM, when authorized, shall minimize 28
the adverse impacts on anadromous salmonids and their habitat, 29
shall mitigate any unavoidable impacts, and shall only be allowed 30
for water-dependent uses or for uses that enable public access or 31
recreation for significant numbers of the public. 32
(7) Buffer Width Modifications: 33
(a) Administrative Buffer Width Averaging. The required buffer widths 34
established in this SMP may be modified by the Shoreline Administrator 35
for a development on existing legal lots of record in place at the time of 36
adoption of this SMPProgram, in accordance with the provisions of this 37
section only where the applicant demonstrates all of the following: 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 115
January 2015
(i) Averaging is necessary to avoid an extraordinary hardship to the 1
Aaapplicant caused by circumstances peculiar to the property; 2
(ii) The designated buffer area contains variations in sensitivity to 3
ecological impacts due to existing physical characteristics or the 4
character of the buffer varies in slope, soils, or vegetation; 5
(iii) The total area contained within the buffer after averaging is no less 6
than that contained within the standard buffer prior to averaging; 7
(iv) The minimum buffer width at its narrowest point shall not be less 8
than 35% of the buffer width established under this SMP; and 9
(v) The buffer width averaging does not result in a net loss of 10
ecological function. 11
(b) Exception for Lots Adjacent to Pre-Existing Development. The required 12
Riparian buffer width listed above shall not apply in cases where the 13
adjacent pre-existing development (vested prior to the effective date of 14
this section) does not meet these established standards. In such cases, the 15
buffer may be reduced by one-third (1/3) the difference between the 16
required buffer and the larger of the two adjacent buffers. 17
Adjacency in this situation shall be defined as being within fifty (50) feet 18
of the side property lines. If there is only clearing on one side of the 19
proposed activity within fifty (50) feet of the side property line, then the 20
buffer can be reduced as described above. 21
(c) Shoreline Buffer Reductions. Shoreline buffers may be administratively 22
modified as outlined below: 23
(i) Where a legally established road or railway, or other type of 24
continuous development crosses or extends along a shoreline or 25
critical area buffer and is wider than 20 feet, the 26
Shoreline Administrator may approve a modification of the 27
minimum required buffer width to the waterward edge of the 28
improved continuous development provided the upland side of the 29
continuous development area: 30
(A) Does not provide additional protection of the shoreline 31
water body or stream; and 32
(B) Provides little (less than 20%) to no biological, geological, 33
or hydrological buffer functions relating to the riparian and 34
upland portions of the buffer. 35
(ii) Standard Buffer Reduction. Reductions of up to 235% of the 36
standard buffer may be approved if the applicant demonstrates to 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 116
January 2015
the satisfaction of the Shoreline Administrator that a mitigation 1
plan developed by a qualified professional pursuant to 2
PMC 29.01.510 (13) indicates that enhancing the buffer (by 3
removing invasive plants or impervious surfaces, planting native 4
vegetation, installing habitat features, or other means) will result in 5
a reduced buffer that functions at a higher level than the existing 6
standard buffer. 7
(8) Allowed uses in Fish and Wildlife Habitat Areas and stream buffers: 8
(a) Roads, bridges, and utilities. – Road, bridge, and utility maintenance, 9
repair, and construction may be permitted across a Fish and Wildlife 10
Habitat Conservation Area and/or buffers under the following conditions: 11
(i) It is demonstrated to the Shoreline Administrator that there are no 12
alternative routes that can be reasonably used to achieve the 13
proposed development; 14
(ii) The activity will have minimum adverse impact to the Fish and 15
Wildlife Habitat Conservation Area; 16
(iii) The activity will not significantly degrade surface or groundwater; 17
and 18
(iv) The intrusion into the Fish and Wildlife Habitat Conservation Area 19
and its buffers is fully mitigated to achieve no net loss of 20
ecological functions. 21
(b) Limited park or recreational access to a Fish and Wildlife Habitat Area 22
and/or stream buffers, provided that all of the following are satisfied: 23
(i) The access is part of a public park or a recreational resort 24
development that is dependent on the access for its location and 25
recreational function; 26
(ii) The access is limited to the minimum necessary to accomplish the 27
recreational function; and 28
(iii) The intrusion is fully mitigated to achieve no net loss of ecological 29
functions. 30
(c) Low-impact uses and activities that are consistent with the purpose and 31
function of the stream setback and do not detract from its integrity. 32
Examples of low-impact uses and activities include removal of noxious 33
vegetation and stormwater management facilities such as grass-lined 34
swales. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 117
January 2015
(9) Additional Pprotection mMeasures: 1
(a) Temporary and permanent erosion and sedimentation controls shall be 2
provided to prevent the introduction of sediments or pollutants to 3
waterbodies or watercourses within the habitat area. 4
(b) Clearing and grading shall be limited to that necessary for establishment 5
of the use or development and shall be conducted to avoid significant 6
adverse impacts and minimize the alteration of the volume, rate, or 7
temperature of freshwater flows to or within the habitat area and any 8
buffer required by this section. 9
(c) The proposed development shall not discharge hazardous substances to the 10
habitat area that would have significant adverse impacts on that area. 11
(d) Stream flows shall be protected from changes to the normal flow, 12
temperature, turbidity, and discharge to the maximum extent practicable. 13
(e) Septic drainfields and any required replacement drainfield area shall be at 14
least 100 feet from the edge of any habitat area. 15
(f) Exceptions to the above protection standards may be allowed by the 16
Shoreline Administrator based on a special report prepared by a 17
Qualified Biological Professional that demonstrates that such exception 18
would not adversely impact the habitat system, functions, and values of 19
the habitat area. 20
(g) Activities may only be permitted in a stream or stream buffer if the 21
applicant can show that the proposed activity will not degrade the 22
functions and values of the stream, stream buffer, or other critical area. 23
(h) Stream Crossings. – Stream crossings shall be minimized, but when 24
necessary, they shall conform to the applicable provisions of this SMP and 25
other laws (see WDFW or Ecology). 26
(i) Stormwater conveyance facilities. Stormwater conveyance facilities may 27
be permitted, provided that they are only located in the buffer when no 28
practicable alternative exists outside the buffer. Stormwater facilities shall 29
be planted with native plantings where feasible to provide habitat, and/or 30
less intrusive facilities should be used. 31
(j) Floodway-dependent Structures. Floodway-dependent structures or 32
installations may be permitted within streams or their buffers if allowed or 33
approved by other ordinances or other agencies with jurisdiction. See SMP 34
PMC 29.01.550, Flood Hazard Areas, for more information on allowed 35
uses and activities within flood hazard areas. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 118
January 2015
(k) Trails. The criteria for alignment, construction, and maintenance of trails 1
within wetlands and their buffers shall apply to trails within stream 2
buffers. Outer buffer trails may not exceed 10 feet in width and may be 3
constructed with impermeable surface materials if on-site infiltration is 4
utilized. 5
(l) Utilities. The criteria for alignment, construction, and maintenance within 6
the wetland buffers and PMC 29.01.460, Utilities, shall apply to utility 7
corridors within stream buffers. In addition, corridors shall not be aligned 8
parallel with any stream channel unless the corridor is outside the buffer, 9
and crossings shall be minimized. Installation shall be accomplished by 10
boring beneath the scour depth and hyporheic zone of the waterbody 11
where feasible. Crossings shall be contained within the existing footprint 12
of an existing or new road or utility crossing where possible. Otherwise, 13
crossings shall be at an angle greater than 60 degrees to the centerline of 14
the channel. The criteria for stream crossings shall also apply. 15
(m) Native vegetation landscaping schemes shall be provided that do not 16
require application of herbicides, pesticides, or fertilizer to maintain robust 17
growth. 18
(n) No net- effective impervious surfaces may be created in the outer buffer 19
area beyond what is otherwise permitted. 20
(c)(o) No structures or related improvements, including buildings or decks, shall 21
be permitted within the stream buffer, except as otherwise allowed in 22
PMC 29.01.510, General Provisions, or in this SMP. 23
29.01.540 Aquifer Recharge Areas 24
(1) Purpose. The purpose and intent of this section is to safeguard groundwater 25
resources within the shoreline jurisdiction from hazardous substance and 26
hazardous waste pollution by controlling or abating future pollution from new 27
land uses or activities. 28
(2) Aquifer Recharge Area Designation Criteria:. 29
(a) Aquifer recharge areas shall be classified as following: 30
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 119
January 2015
Table X29.01.540 (2)(a): Designation of Aquifer Recharge Areas 1
Aquifer Recharge Area Characteristic/Designation Source
(1) Wellhead Protection Areas pursuant to WAC 246-290
WA DOHDepartment of Health,
US Environmental Protection
AgencyEPA
(2) Areas designated for special protection pursuant to a groundwater
management program, RCWChapters 90.44, 90.48, and 90.54 RCW
and WAC 173-100 and 173-200
WA DOEEcology
(3) Areas overlying unprotected aquifers. Such aquifers shall be
identified through any existing competent hydrogeologic study USGS, WA DNR
(4) Areas within identified unprotected aquifers but possessing the
following characteristics:
• Slopes less than fifteen percent (15%), and
• Coarse alluvium or sand and gravel in the soil profile and no
known impermeable layers.
DF&WWDFW
2
(b) Any project area located within two hundred (200) feet of an area meeting 3
the aquifer designation or soil classification criteria, or mapped as such, 4
shall be treated as if it is located within the mapped area. 5
(c) All areas within the City of Pasco meeting these criteria, regardless of the 6
presence or lack of any formal identification as such, are hereby 7
designated as critical areas and are subject to the provisions of this Title. 8
(3) Aquifer Recharge Area Classification:. 9
(a) (a) Aquifer recharge areas are classified as high, moderate, or low 10
significance aquifer recharge areas according to the following criteria: 11
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 120
January 2015
Table X29.01.540 (3)(a): Classification of Aquifer Vulnerability 1
Vulnerability Classification Documentation and Data Sources
High Vulnerability High significance aquifer recharge areas are areas with slopes of less than
fifteen percent (15%) underlain by coarse alluvium or sand and gravel.
Moderate Vulnerability
Moderate significance aquifer recharge areas are:
(1) Areas with slopes of less than fifteen percent (15%) underlain by fine
alluvium, silt, clay, glacial till, or deposits from the electron mudflow;
and
() f ff () ()
Low Vulnerability
Moderate significance aquifer recharge areas are:
(1) Areas with slopes of fifteen percent (15%) to thirty percent (30%)
underlain by silt, clay, or glacial till; and
2
(4) Determination of Need for Aquifer Recharge Detailed Study:. 3
(a) The following information resources shall be utilized along with other 4
documentation where noted: 5
(i) Studies from the United States Geological SurveyUSGS. 6
(ii) City of Pasco Wastewater Facility Plan. 7
(iii) Soil Survey for Franklin County (Conservation District). 8
(b) Requirements for High Significance Aquifer Recharge Area. An Aquifer 9
Recharge Area Detailed Study shall be required for any activity occurring 10
on or adjacent to a site that is, or contains, a High Significance Aquifer 11
Recharge Area if the activity involves one or more of the following uses: 12
(i) Hazardous substance processing or handling; 13
(ii) Hazardous waste treatment and storage facility; 14
(iii) Disposal of on-site sewage for subdivisions, short plats, and 15
commercial and industrial sites; or. 16
(iv) Landfills. 17
(5) Aquifer Recharge Area Detailed Study. When required as described in Section 18
28.24.040PMC 29.01.540 (4), an Aquifer Recharge Area Detailed Study shall 19
meet the following requirements: 20
(a) The Detailed Study shall be prepared by qualified consultant with 21
experience in preparing hydrogeologic assessments. Evidence of these 22
qualifications shall be provided with the Detailed Study. 23
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 121
January 2015
(b) The Detailed Study shall contain a map, of a scale no smaller than 1 inch = 1
200 feet, of the site and the extent of the High Significance Aquifer 2
Recharge Area as determined by the criteria in Section 28.24.020PMC 3
29.01.540 (2). 4
(c) The Detailed Study shall contain a hydrogeologic assessment, including, 5
at a minimum: 6
(i) Information sources; 7
(ii) Geologic setting; 8
(iii) Background water quality; 9
(iv) Location of, and depth to, water tables; 10
(v) Recharge potential of the facility site; 11
(vi) Groundwater flow direction and gradient; 12
(vii) Currently available data on wells within one thousand (1,000) feet 13
of the site; 14
(viii) Currently available data on springs within one thousand (1,000) 15
feet of the site; 16
(ix) Surface water location and recharge potential; 17
(x) Water source supply to the activity (e.g., high capacity well); 18
(xi) Any sampling schedules necessary; 19
(xii) Discussion of the effects of the proposed project on the 20
groundwater resource; and 21
(xiii) Other information as may be required by the Town. 22
(d) The Detailed Study shall include a mitigation plan detailing how the 23
activity will offset any impact on the resource and control risk of 24
contamination to the aquifer. 25
(6) Aquifer Recharge Area Detailed Study Special Exemptions. In addition to the 26
exemptions listed in 28.12.030PMC 29.01.510 (3) and 29.01,770, Exemptions for 27
Shoreline Substantial Development Permits, sewer lines and appurtenances shall 28
be exempt from the requirement to prepare an Aquifer Recharge Area Detailed 29
Study:. 30
(7) Performance Standards Basic Requirements:. 31
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 122
January 2015
(a) Any activity listed in Section 28.24.040PMC 29.01.540 (4) (b) may only 1
be permitted in a High Significance Aquifer Recharge Area if the Detailed 2
Study documents that the activity does not pose a threat to the aquifer 3
system and that the proposed activity will not cause contaminants to enter 4
the aquifer. 5
(b) All activities located in an Aquifer Recharge Area shall minimize the 6
creation of impervious surfaces to the extent practicable without creating a 7
greater risk to the aquifer recharge area. 8
(8) Storage Tanks. All Storage tanks located in an Aquifer Recharge Area must 9
conform to the following requirements. The Washington Department of Ecology 10
also regulates and authorizes permits for underground storage tanks (WAC 173--11
360). 12
(a) Underground Tanks. All new underground storage facilities used or to be 13
used for the underground storage of hazardous substances or hazardous 14
wastes shall be designed and constructed so as to: 15
(i) Prevent releases due to corrosion or structural failure for the 16
operational life of the tank; 17
(ii) Be protected against corrosion, constructed of noncorrosive 18
material, steel clad with a noncorrosive material, or designed to 19
include a secondary containment system to prevent the release or 20
threatened release of any stored substances; and, 21
(iii) Use material in the construction or lining of the tank which that is 22
compatible with the substance to be stored. 23
(b) Aboveground Tanks:. 24
(i) No new aboveground storage facility or part thereof shall be 25
fabricated, constructed, installed, used, or maintained in any 26
manner which may allow the release of a hazardous substance to 27
the soil, groundwater, or surface waters within an 28
Aquifer Recharge Area. 29
(ii) No new aboveground tank or part thereof shall be fabricated, 30
constructed, installed, used, or maintained without having 31
constructed around or under it an impervious containment area 32
enclosing or underlying the tank or part thereof. 33
(iii) New aboveground tanks will require a secondary containment 34
system, either built into the tank structure or a dike system built 35
outside the tank, for all tanks located within an aquifer recharge 36
area. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 123
January 2015
29.01.550 Flood Hazard Areas 1
(1) Purpose. The purpose of this chapter section is to promote the public health, 2
safety, and welfare of the community by recognizing potential hazards that may 3
be caused by development in areas where severe flooding is anticipated to occur. 4
The intent of this chapter section is to assist with minimizing public and private 5
losses due to flood hazards by avoiding development in hazard areas within the 6
shoreline jurisdiction and or implementing protective measures contained in 7
Pasco Municipal Code Chapter 24this SMP. 8
(2) Classification. The following categories of frequently flooded areas are 9
established for the purposes of classification: 10
(a) Floodway. Floodways are defined as the channel of a stream and adjacent 11
land areas, which are required to carry and discharge flood waters or 12
flood flows of any river or stream associated with a regulatory flood. 13
(b) Special Flood Hazard Areas. The area adjoining the floodway, which is 14
subject to a one percent1% or greater chance of flooding in any given year 15
and determined by the Federal Insurance Administration. 16
(c) Floodplain. The floodway and special flood hazard areas. 17
These flood areas have been delineated based on studies completed by the Federal 18
Emergency ManagementFEMA Agency for the national Flood Insurance 19
Program. 20
(3) Designation:. 21
(a) All areas within the City meeting the frequently flooded designation 22
criteria of Section 28.28.020 PMC 29.01.550 (2) are hereby designated 23
critical areas and are subject to the provisions of this Titlesection. 24
(b) The approximate location and extent of frequently flooded areas are 25
shown on the Flood Insurance Rate Maps (FIRMs) prepared for the City 26
of Pasco and Franklin County by the Federal Emergency Management 27
AgencyFEMA, as part of the National Flood Insurance Program. 28
(4) Management. Title 16 (Buildings and Construction) and Chapter 24.20 29
(Flood Hazard Protection) of the City of Pasco Municipal CodePMC regulate 30
proposed activities in all areas of special flood hazards. If allowed, any structures 31
permitted in the designated flood areas are subject to the flood-proofing 32
regulations provided in Title 16 and Chapter 24.20. 33
(4)(5) Floodways. Special flood hazard areas established in this section are areas that 34
are extremely hazardous areas due to the velocity of flood waters, which carry 35
debris, potential projectiles, and erosion potential. The following provisions apply 36
to special flood hazard areas: 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 124
January 2015
(a) Prohibit encroachments, including fill, new construction, substantial 1
improvements, and other development unless certification by a registered 2
pprofessional eengineer or architect is provided demonstrating that 3
encroachments shall not result in an increase in flood levels during the 4
occurrence of the base flood discharge. 5
(b) If PMC 29.01.550 (5)(a) is satisfied, all new construction and substantial 6
improvements shall comply with all applicable flood hazard reduction 7
provisions of PMC Chapter (24.20). 8
29.01.560 Geologic Hazard Areas 9
(1) Purpose. The purpose of this chapter section is to reduce the threats to public 10
health and safety posed by geologic hazards within the shoreline jurisdiction. The 11
intent is to reduce incompatible development in areas of significant geologic 12
hazard. Development incompatible with geologic hazards may not only place 13
itself at risk, but also may increase the hazard to surrounding development. Some 14
geologic hazards can be reduced or mitigated by engineering, design, or modified 15
construction or altering mining practices so risks to health and safety are 16
minimized. When technology cannot reduce the risks to acceptable levels, 17
development in the hazard area is best to be avoided. 18
(2) Geologic Hazard Area Designation. Geologic hazard areas within Pasco the City 19
are those areas that are susceptible to significant erosion, landslide, flood hazards, 20
seismic hazards, and surface mine collapse hazards. All areas within the City of 21
Pasco meeting the criteria described in PMC 29.01.560 (3)Section 28.32.030 for 22
known or suspected risk or unknown risk, regardless of the presence or lack of 23
any formal identification as such, are designated as critical areas and are subject 24
to the provisions of this Titlesection. 25
(a) Volcanic Hazards. The GMA rowth Management Act requires that 26
volcanic hazards be addressed in local critical area regulations. However, 27
since no volcanic hazards exist in the CityPasco area, no volcanic hazards 28
regulations are needed. 29
(b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions 30
are regulated by PMC 29.01.550 and the City of Pasco Flood Plain 31
regulations (PMC Title 24) which regulates those areas identified and 32
classified by the Federal Emergency Management Agency (FEMA) on 33
their Flood Hazard Boundary/Flood Insurance Rate Maps. 34
(3) Geologic Hazard Area Classification and Designation Criteria.: 35
(a) Geologic hazard area classification criteria are listed in the table below, 36
along with the source agencies that provide the guidelines for 37
classification and designation: 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 125
January 2015
Table X29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas 1
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
(2) Landslide Hazard
Areas
(a) Areas with slopes of thirty percent (30%) or greater
slope and with a vertical relief of ten (10) or more
NRCS
(b) Areas with slopes steeper than fifteen percent NRCS
(15%) on hillsides intersecting geologic contacts with a
relatively permeable sediment overlying a relatively
impermeable sediment or bedrock where springs or
groundwater seepage is present;
NRCS
(c) Areas with slopes parallel or sub-parallel to planes of
weakness in subsurface materials (e.g., bedding
planes, joint systems, and fault planes);
NRCS
(d) Areas with slopes having gradients steeper than eighty
percent (80%) subject to rockfall during seismic
NRCS
(e) Alluvial fans or canyon bottoms presently or
potentially subject to inundation by debris flows or
catastrophic flooding;
NRCS
(f) Areas that have shown movement during the
Holocene epoch or which are underlain or covered by
wastage debris of this epoch;
NRCS
(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
landslides on maps or technical reports (e.g.,
topographic or geologic maps, or other authorized
documents).
USGS, Wash. WDNR,
or other government
agencies
(3) Flood Hazard Areas
(a) Areas potentially unstable as a result of rapid stream
incision, stream bank erosion, and Undercutting by
wave action shall be addressed as a flood hazard
PMC Title 24
Notes: 2
NRCS = U. S. Department of Agriculture, Natural Resource Conservation Service 3
4
(4) Geologic Hazard Area Rating Criteria. All areas within the CityPasco shall be 5
classified by the following risk categories for each geologic hazard type: 6
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 126
January 2015
Table X:29.01.560 (4) Rating of Geologic Hazard Risk 1
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
2
(5) Determination of Need for Geologic Hazard Area Detailed Study. A 3
Geologic Hazard Area Detailed Study of a geologic hazard area shall be required 4
if the following indicators are present: 5
(a) If the project area is listed in the City of Pasco Critical Areas Map as 6
possessing either a Known or Suspected Risk for erosion, landslide, flood, 7
seismic, or mine hazard. 8
(b) If the project area is listed in the City of Pasco Critical Areas Map as 9
possessing an Unknown Risk for erosion, landslide, flood, seismic, or 10
mine hazard if any of the following are identified by the aApplicant or 11
City: 12
(i) A qualified geologist finds that any of the following exist: 13
evidence of past significant events of the hazard in question on or 14
adjacent to the site;, the presence of necessary and sufficient 15
factors for events of the hazard in question on or adjacent to the 16
site;, or reasonable uncertainty concerning the hazard the potential 17
for significant risk to or from the proposed activity; or 18
(ii) The City PlannerShoreline Administrator possesses a reasonable 19
belief that a geologic hazard may exist. Such reasonable belief 20
shall be supported by a site visit and subsequent consultation with 21
a qualified geologist. 22
(6) Geologic Hazard Area Detailed Study Requirements. The minimum requirements 23
for a Geologic Hazard Area Detailed Study include the following in addition to 24
the Basic Requirements identified in Sections 28.12.150PMC 29.01.510 (10).): 25
(a) Basic Requirements. A Geologic Hazard Area Detailed Study shall meet 26
the following: 27
(i) The Detailed Study shall be prepared by a qualified pprofessional 28
eengineer or geologist. Evidence of qualifications shall be 29
provided with the Detailed Study. 30
(ii) A map, of a scale no smaller than 1 inch = 200 feet, of the site and 31
the extent of the geologic hazard area as determined by the criteria 32
in PMC 29.01.560 (3)Section 28.32.030. 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 127
January 2015
(iii) An assessment of the geologic characteristics and engineering 1
properties of the soils, sediments, and/or rock of the subject 2
property and potentially affected adjacent properties, and a review 3
of the site history regarding landslides, erosion, and prior grading. 4
The Study shall include a soils analysis consistent with the 5
accepted regional taxonomic classification system, and a 6
description of the vulnerability of the site to seismic events. 7
Documentation of data and methods shall be included. 8
(iv) A geotechnical analysis, including a detailed description of the 9
proposed project, its relationship to the geologic hazard(s), and its 10
potential impact upon the hazard area, the subject property and 11
affected adjacent properties shall be included. 12
(v) A mitigation plan, if appropriate, prepared by a professional 13
engineer or geologist under the supervision of a professional 14
engineer qualified to prepare a Detailed Study. The mitigation plan 15
shall include a discussion on how the project has been designed to 16
avoid and minimize the impacts discussed in the geotechnical 17
analysis (see mitigation standards provided in PMC 29.01.510 18
(13)PMC 28.12.180). The plan shall make a recommendation for 19
the minimum building setbacks from any geologic hazard based 20
upon the geotechnical analysis. The plan shall also address the 21
potential benefit of mitigation on the hazard area, the subject 22
property, and affected adjacent properties. 23
(vi) Where more than one geologic hazard exists within, adjacent to, 24
impacts, or is impacted by the activity site, then only one Geologic 25
Detailed Study is required to be completed to conduct a geologic 26
hazard Ccritical Aarea Rreview of the activity. The Critical Area 27
Review report shall meet all of the requirements of each critical 28
area type, but may present a unified mitigation plan. 29
(vii) Where a valid geotechnical report has been prepared within the last 30
five (5) years for a specific site, and where the proposed land use 31
activity and surrounding site conditions are unchanged, said report 32
may be incorporated into the Detailed Study. The applicant shall 33
submit a geotechnical assessment detailing any changed 34
environmental conditions associated with the site. 35
(b) Erosion and Landslide Hazard Areas. In addition to the requirements of 36
PMC 29.01.560 (6)(a)28.32.60 (a), an Eerosion Hhazard or Llandslide 37
Hhazard Aarea Detailed Study must also meet the following requirements: 38
(i) The map shall depict the height of slope, slope gradient, and cross 39
section of the site. The site plan shall also include the location of 40
springs, seeps, or other surface expressions of groundwater. The 41
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 128
January 2015
Site Plan shall also depict any evidence of surface or stormwater 1
runoff. 2
(ii) A description of load intensity, including surface and groundwater 3
conditions, public and private sewage disposal systems, fills and 4
excavations, and all structural development. 5
(iii) An estimate of slope stability and the effect construction and 6
placement of structures will have on the slope duringover the 7
estimated life of the structure. 8
(iv) An estimate of the bluff retreat rate that recognizes and reflects 9
potential catastrophic events such as seismic activity or a one 10
hundred 100-year storm event. 11
(v) An assessment describing the extent and type of vegetative cover. 12
(vi) The geotechnical analysis shall specifically include: 13
(A) Slope stability studies and opinion(s) of slope stability; 14
(B) Proposed angles of cut and fill slopes and site grading 15
requirements; 16
(C) Structural foundation requirements and estimated 17
foundation settlements; 18
(D) Soil compaction criteria; 19
(E) Proposed surface and subsurface drainage; 20
(F) Lateral earth pressures; 21
(G) Vulnerability of the site to erosion; 22
(H) Suitability of on-site soil for use as fill; and, 23
(I) Building limitations. 24
(vii) Mitigation proposals shall include the location and methods of 25
drainage, surface water management, locations, and methods of 26
erosion control, a vegetation management and/or restoration plan, 27
and/or other means for maintaining long- term stability of slopes. 28
(c) Flood Hazard Areas. Flood Hazard Areas are addressed through 29
PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain 30
regulations (PMC Title 24). If evidence exists that the proposed 31
development area is subject to flood hazards that are not indicated on the 32
City's Flood Hazard Boundary Maps, and site characteristics do not 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 129
January 2015
warrant an Eerosion or Llandslide Hhazard Detailed Study, the City may 1
require additional analysis and preparation of a mitigation plan to 2
determine if the site is suitable for development. 3
(d) Seismic Hazard Areas. In addition to the Basic Requirements 4
PMC 29.01.560 (6)(a)28.32.060 (a), a Detailed Study for a seismic hazard 5
critical area shall also meet the following requirements: 6
(i) The site map shall show all known and mapped faults in the project 7
vicinity. 8
(ii) The geotechnical analysis shall include a complete discussion of 9
the potential impacts of seismic activity reasonably probable on the 10
site (e.g.for example, forces generated and fault displacement). 11
(e) Mine Hazard Areas. In addition to the Basic Requirements 12
PMC 29.01.560 (6)(a)28.32.060 (a), a Detailed Study for a mine hazard 13
critical area shall also meet the following requirements: 14
(i) The Sssite Ppplan shall delineate the existence of mine workings 15
adjacent to or abutting the site, or nearby mine workings, which 16
may impact the site; and 17
(ii) The geotechnical analysis shall include a discussion of the 18
potential for subsidence on the site. 19
(f) Volcanic Hazard Areas. The CityPasco is located in an area of minimal 20
risk from Volcanic Hazard Areas. 21
(7) Performance Standards Minimum Requirements. This section describes the 22
minimum performance standard requirements for Geologic Hazard Areas. 23
(a) Basic Requirements:. 24
(i) Alteration of geologic hazard critical areas is permitted only if the 25
development proposal can be designed so that the hazard to the 26
project and any increase of hazard to adjacent property is 27
eliminated or mitigated, and the development proposal on the site 28
is certified as safe by a geotechnical engineer licensed in the State 29
of Washington. 30
(ii) All proposals involving excavations and placement of fills shall be 31
subject to structural review under Chapter 33, Site Work, 32
Demolition and Construction, of the most current International 33
Building Code. 34
(iii) Essential public facilities as defined by RCW 36.70A.200 shall not 35
be sited within designated geologic hazard areas. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 130
January 2015
(b) Erosion and Landslide Hazard Areas. Activities on sites containing 1
landslide or erosion hazards shall also meet the following requirements: 2
(i) Alterations of the buffer and/or geologic hazard area may only 3
occur for activities meeting the following criteria: 4
(A) No reasonable alternative exists; and 5
(B) A geotechnical report is submitted and certifies that: 6
• The development will not significantly increase 7
surface-water discharge or sedimentation to adjacent 8
properties beyond pre- development conditions; 9
• The development will not decrease slope stability on 10
adjacent properties; and 11
• That such alterations will not adversely impact other 12
critical areas. 13
(ii) A temporary Eerosion and Ssedimentation Ccontrol Pplan, 14
prepared in accordance with the requirements of the standard 15
specification of the City of Pasco. 16
(iii) A drainage plan for the collection, transport, treatment, discharge 17
and/or recycle of water in accordance with the standard 18
specification of the City of Pasco. 19
(iv) Surface drainage shall not be directed across the face of a landslide 20
hazard area (including riverine bluffs or ravines). If drainage must 21
be discharged from the hazard area into adjacent waters, it shall be 22
collected above the hazard and directed to the water by a tight line 23
drain and provided with an energy dissipating device at the point 24
of discharge. 25
(v) All infiltration systems, such as stormwater detention and retention 26
facilities, and curtain drains utilizing buried pipe or French drain, 27
are prohibited in landslide hazard areas and their buffers unless a 28
geotechnical report indicates such facilities or systems or the 29
failure of the same will not affect slope stability and the systems 30
are designed by a licensed civil engineer. 31
(vi) A minimum standard buffer width of thirty (30) feet shall be 32
established from the top, toe, and all edges of landslide and erosion 33
hazard areas. Existing native vegetation shall be maintained. The 34
buffer may be reduced to a minimum of ten (10) feet when an 35
applicant demonstrates the reduction will adequately protect the 36
proposed development, adjacent developments and uses, and the 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 131
January 2015
subject critical area. The buffer may be increased by the City 1
PlannerShoreline Administrator for development adjacent to a 2
river bluff or ravine, or in other areas that circumstances may 3
warrant, where it is determined a larger buffer is necessary to 4
prevent risk of damage to proposed and existing development as in 5
the case where the area potentially impacted by a landslide exceeds 6
thirty (30) feet. 7
(vii) (On-site sewage disposal systems, including drain fields, shall be 8
pProhibited within landslide and erosion hazard areas and related 9
buffers. 10
(viii) Development designs shall meet the following basic requirements, 11
unless it can be demonstrated that an alternative design provides 12
greater long-term slope stability while meeting all other criteria of 13
this Titlesection. The requirement for long-term slope stability 14
shall exclude designs that require periodic maintenance or other 15
actions to maintain their level of function. The basic development 16
design standards are: 17
(A) Structures and improvement shall be clustered to retain as 18
much open space as possible and to preserve the natural 19
topographic features of the site. 20
(B) Structures and improvements shall conform to the natural 21
contour of the slope, and foundations shall be tiered where 22
possible to conform to existing topography. 23
(C) Structures and improvements shall be located to preserve 24
the most critical portion of the site and its natural landforms 25
and vegetation. 26
(D) The use of retaining walls that allow the maintenance of 27
existing natural slope area is preferred over graded artificial 28
slopes. 29
(E) All development shall be designed to minimize impervious 30
lot coverage. 31
(c) Flood Hazard Areas. Activities in flood hazard areas shall comply with 32
PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain 33
regulations (PMC Title 24)the Flood Plain regulations, Title 24. 34
(d) Seismic Hazard Areas. Activities on sites containing seismic hazards shall 35
also meet the following requirements: 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 132
January 2015
(i) Mitigation is implemented, which reduces the seismic risk to a 1
level equivalent to that which the activity would experience if it 2
were not located in a seismic hazard area. 3
(ii) Structural development proposals shall meet all applicable 4
provisions of Chapter 16 of the most current addition of the 5
International Building Code (Structural Forces/Structural Design 6
Requirements). 7
(iii) No residential structures or Essential Public Facility shall be 8
located on a Holocene fault line as indicated by USGSUSGS 9
investigative maps and studies. 10
(e) Mine Hazard Areas. Activities on sites containing mine hazards shall also 11
meet the following requirements: 12
(i) Mitigation is implemented which reduces the risk from mine 13
hazards to a level equivalent to that which the activity would 14
experience if it were not located in a mine hazard area. 15
(f) Volcanic Hazard Areas. No additional requirements. 16
(8) Long-tTerm Mitigation and Restoration Standards:. 17
(a) The mitigation plan shall specifically address how the activity maintains 18
or reduces the pre-existing level of risk to the site and adjacent properties 19
on a long-term basis (equal to or exceeding the projected lifespan of the 20
activity or occupation). Mitigation techniques providing long-term hazard 21
reduction are those that do not require periodic maintenance or other 22
actions to maintain their function. 23
(b) Mitigation may be required to avoid any increase in risk above the pre--24
existing conditions following abandonment of the activity. 25
(c) Any required restoration shall meet the long-term hazard reduction 26
standards. In the case of restoration, long-term shall be defined as the 27
equivalent of natural function. 28
(d)(c) 29
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 133
January 2015
Article VI. Existing Uses, Structures, and Lots 1
29.01.600 Applicability 2
(1) All nonconformances in shoreline jurisdiction shall be subject to the provisions of 3
this article. For nonconformance of use, structures, and lots within shoreline 4
critical areas, PMC 29.01, Article V, Critical Areas, applies. When there is a 5
conflict between this Section and the Critical Area Section as applicable to critical 6
areas, the more restrictive standards shall apply. 7
(2) The provisions of this SMP do not supersede or relieve a property owner from 8
compliance with: 9
(a) The requirements of the International Building and Fire Codes; or 10
(b) The provisions of the SMP beyond the specific nonconformance addressed 11
by this section. 12
(3) A change in the required permit review process (e.g., Shoreline Substantial 13
Development Permit versus a Shoreline Conditional Use Permit) shall not create a 14
nonconformance. 15
(4) Any nonconformance that is brought into conformance for any period of time 16
shall forfeit status as nonconformance, except as specified in PMC 29.01.610, 17
Nonconforming Uses. 18
(5) A nonconforming lot, use, or structure may be deemed legally nonconforming by 19
providing documentation that the use in question occurred prior to the effective 20
date of this SMP, from one of the following: 21
(a) Local agency permit; 22
(b) Orthophotograph, aerial photograph, or planimetric mapping recognized 23
as legitimate by the agency; or 24
(c) Tax record. 25
29.01.610 Nonconforming Uses 26
(1) If, at the effective date of the SMP and any amendment thereto, a lawful use of 27
land exists that is made no longer permissible under the terms of this SMP, or 28
amendments thereto, such use may be continued as a nonconforming use so long 29
as it remains otherwise lawful subject to the following conditions: 30
(a) No nonconforming use shall be intensified, enlarged, increased, or 31
extended to occupy a greater area of land than was occupied on the 32
effective date of the SMP or the amendment that made the use no longer 33
permissible. Provided that a nonconforming use may be enlarged, 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 134
January 2015
increased, or extended in conformance with applicable bulk and 1
dimensional standards of this SMP upon approval of a 2
Shoreline Conditional Use Permit. 3
(b) No nonconforming use shall be moved in whole or in part to any other 4
portion of the lot that contains the nonconforming use. 5
(c) If any nonconforming use of land ceases for any reason for a period of 6
1 year or more, any subsequent use of such land shall conform to the 7
regulations specified by this SMP for the use environment in which such 8
land is located. 9
(d) A structure, which is being or has been used for a nonconforming use, 10
may be used for a different nonconforming use only upon a finding that: 11
(i) No reasonable alternative conforming use is practical; 12
(ii) The proposed use is equally or more appropriate to the shoreline 13
environment than the existing nonconforming use, and is at least as 14
consistent with the policies and provisions of the act and the SMP; 15
and 16
(iii) Such a change of use shall be subject to a Shoreline Conditional 17
Use Permit approval. Conditions may be attached to the permit as 18
are deemed necessary to ensure compliance with the above 19
findings and the requirements of the SMP and the SMA, and to 20
ensure the use will not become a nuisance or a hazard. 21
29.01.620 Nonconforming Structures 22
(1) If, at the effective date of the SMP or any amendment thereto, a lawful structure 23
or other improvement exists, which is made no longer permissible under the terms 24
of this SMP or amendment thereto, such structure or other improvement may be 25
continued as a nonconforming structure or other improvement so long as it 26
remains otherwise lawful, subject to the following conditions: 27
(a) No nonconforming structure or other improvement shall be altered or 28
changed in a way which increases its nonconformity except as allowed in 29
PMC 29.01.620 (1)(b). 30
(b) Expansions of structures that are nonconforming with respect to a required 31
shoreline buffer: 32
(i) May not encroach any farther waterward into the required 33
shoreline buffer. 34
(ii) Expansions parallel to or landward of shoreline may be allowed 35
provided that said enlargement does not increase the extent of 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 135
January 2015
nonconformity by farther encroaching upon or extending into areas 1
where construction or use would not be allowed for new 2
development or uses. 3
(c) All expansion, extension, maintenance, or repair activities of 4
nonconforming structures or improvements shall be consistent with all 5
other provisions of this SMP, provided the cumulative cost of such 6
maintenance or repair shall not exceed 20% of the assessed valuation of 7
such building, structure, or land (as applicable) at the time such 8
maintenance is completed. 9
(d) When damaged, a nonconforming structure may be restored to the 10
configuration existing immediately prior to the time that the structure was 11
damaged, provided that: 12
(i) The structure is damaged to an extent not exceeding 50% of the 13
replacement cost of the original development. 14
(ii) The applicant applies for permits needed to restore the 15
development within 6 months of the date the damage occurred. 16
(iii) Reconstruction is started within 12 months and is completed within 17
24 months of the date of damage, unless an extension of time is 18
granted by the Shoreline Administrator upon written petition 19
substantiating to the satisfaction of the Administrator due cause for 20
such extension. 21
(iv) The degree of the nonconforming use, building, or structure is not 22
increased. 23
(e) Nothing in this section will prohibit vertical expansion up to the height 24
allowed in the applicable use environment, provided all other applicable 25
requirements of City’s development regulations are met. 26
(f) Upkeep, repairs, and maintenance of a nonconforming structure or other 27
improvement shall be permitted. 28
(2) Should such structure or other improvement be moved for any reason for any 29
distance, it shall thereafter conform to the regulations for the use environment in 30
which it is located. Conformance shall be required when: 31
(a) A change of use is proposed; 32
(b) The use is terminated or discontinued for more than 1 year, or the 33
structure(s) that houses the use is vacated for more than 1 year; or 34
(c) The structure(s) or activity that occurs on the land in which the use is 35
conducted is proposed for relocation. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 136
January 2015
(3) Residential structures and appurtenant structures that were legally established and 1
are used for a conforming use, but that do not meet standards for the following, 2
shall be considered a conforming structure: setbacks, buffers, or yards; area; bulk; 3
height; or density. 4
(4) For purposes of this section, “appurtenant structures” refer to garages, sheds, and 5
other legally established structures. Appurtenant structures do not include 6
bulkheads and other shoreline modifications or overwater structures. 7
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 137
January 2015
Article VII. Administration and Enforcements 1
29.01.700 Roles and Responsibilities 2
(1) Shoreline Administrator: 3
(a) The Community and Economic Development Director of the City of Pasco 4
or his/her designee shall serve as the Shoreline Administrator. The 5
Shoreline Administrator shall issue written Shoreline Exemptions as 6
appropriate, and in the case of a Shoreline Substantial Development 7
Permit grant or deny the permit. The Shoreline Administrator shall 8
administer the shoreline permit and notification systems, and shall be 9
responsible for coordinating the administration of shoreline regulations 10
with zoning enforcement, building permits, and all other regulations 11
regarding land use and development in the City. 12
(b) The Shoreline Administrator shall be familiar with regulatory measures 13
pertaining to shorelines and their use, and, within the limits of his or her 14
authority, shall cooperate in the administration of these measures. Permits 15
issued under the provisions of this shoreline regulation shall be 16
coordinated with other applicable land use and development regulatory 17
measures of the City. The Shoreline Administrator shall establish 18
procedures that advise all parties seeking building permits or other 19
development authorization of the need to consider possible shoreline 20
applications. It is the intent of City, consistent with its regulatory 21
obligations, to simplify and facilitate the processing of 22
Shoreline Substantial Development Permits. 23
(c) The Shoreline Administrator shall ensure proposed regulatory or 24
administrative actions do not unconstitutionally infringe upon private 25
property rights. Shoreline goals and policies should be pursued through 26
the regulation of development of private property only to an extent that is 27
consistent with all relevant constitutional and other legal limitations 28
(where applicable, statutory limitations such as those contained in 29
RCW 82.02 and RCW 43.21C.060) on the regulation of private property. 30
(d) The Shoreline Administrator shall apply PMC 29.01.500, Critical Areas. 31
(2) Hearing Examiner: 32
(a) The Hearing Examiner shall have the authority to decide on appeals from 33
administrative decisions issued by the Shoreline Administrator of this 34
SMP. 35
(b) The Hearing Examiner may grant or deny Shoreline Variances following a 36
public hearing. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 138
January 2015
(3) Planning Commission: 1
(a) The Planning Commission is vested with the responsibility to review the 2
SMP as part of regular SMP updates required by RCW 90.58.080 as a 3
major element of the City's planning and regulatory program and make 4
recommendations for amendments thereof to the City Co uncil. 5
(b) The Planning Commission reviews Shoreline Conditional Use Permits, 6
following an open record hearing, and sends a recommendation to the 7
City Council. 8
(4) City Council. The City Council is vested with authority to: 9
(a) Initiate an amendment to this SMP according to the procedures prescribed 10
in WAC 173-26-100. 11
(b) Adopt all amendments to this SMP, after consideration of the 12
recommendation of the Planning Commission. Substantive amendments 13
shall become effective immediately upon adoption by Ecology. 14
(c) Approve or deny all shoreline Conditional Use Permits forwarded by the 15
Planning Commission pursuant to PMC 25.86.090. 16
(d) Conducts closed record appeal of any recommendation of the 17
Planning Commission pursuant to PMC 25.86.080. 18
(e) Decide on appeals from the administrative decisions issued by the 19
Shoreline Administrator. 20
29.01.710 Interpretation 21
(1) Under the administrative provisions, the Shoreline Administrator shall have 22
authority to interpret this SMP, when such interpretation is clearly consistent with 23
the goals and policies of this SMP and the SMA. 24
(2) The Shoreline Administrator shall consult with Ecology if formal written 25
interpretations are developed as a result of a lack of clear guidance in the SMA, 26
the SMP guidelines, or this SMP to ensure any are consistent with the purpose 27
and intent of RCW 90.58 and 173-26 WAC. 28
29.01.720 Statutory Noticing Requirements 29
(1) At a minimum, the Shoreline Administrator shall provide notice in accordance 30
with WAC 173.27-110 and may provide for additional noticing requirements. 31
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 139
January 2015
29.01.730 Application Requirements 1
(1) A complete application for a Shoreline Substantial Development, Shoreline 2
Conditional Use, or Shoreline Variance Permit shall contain, at a minimum, 3
contain the information listed in WAC 173-27-180. 4
(2) The Shoreline Administrator shall provide written informational materials, 5
procedures, instructions, and forms required to submit an application for a 6
Shoreline Substantial Development Permit, Variance Permit, or Conditional Use 7
Permit. 8
(3) These materials should include: a plan coversheet; a Joint Aquatic Resource 9
Permits Application (JARPA) form; a SEPA checklist; a fee schedule; review 10
criteria; and the process and timelines to assist potential applicants and interested 11
parties on the permit application submittal and review process. 12
(4) The Shoreline Administrator may vary or waive these requirements according to 13
administrative application requirements on a case-by-case basis. 14
(5) The Shoreline Administrator may require additional specific information 15
depending on the nature of the proposal and the presence of sensitive ecological 16
features or issues related to compliance with other applicable requirements and 17
the provisions of this SMP. 18
29.01.740 Shoreline Substantial Development Permits 19
(1) A Shoreline Substantial Development Permit shall be required for all 20
development on shorelines, unless the proposal is specifically exempted per 21
PMC 29.01.770. Shoreline Substantial Development permits shall be processed as 22
an administrative permit. 23
(2) The Shoreline Administrator shall review Substantial Development Permit 24
applications, as required in PMC 29.01.730, and approve or deny the permit. 25
(3) The Shoreline Administrator shall provide notice in accordance with 26
WAC 173.27-110 and may provide additional notice, according to the City’s 27
noticing requirements. 28
(4) A Shoreline Substantial Development Permit shall be granted only when the 29
development proposed is consistent with: 30
(a) The policies and procedures of the SMA, RCW 90.58; 31
(b) The applicable provisions of WAC 173-27; and 32
(c) This SMP. 33
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 140
January 2015
(5) The Shoreline Administrator may attach conditions to the approval of permits as 1
necessary to ensure consistency of the project with the SMA and this SMP. 2
(6) Nothing shall interfere with the City's ability to require compliance with all other 3
applicable plans and laws. 4
29.01.750 Shoreline Conditional Use Permits 5
(1) Uses specifically classified or set forth in this SMP as conditional uses shall be 6
subject to review and condition by the Shoreline Administrator and Ecology. 7
Applications for a Shoreline Conditional Use Permit shall be processed pursuant 8
to PMC 25.86. 9
(2) Other uses , which are not classified or listed or set forth in this SMP, may be 10
authorized as conditional uses provided the applicant can demonstrate consistency 11
with the requirements of this Section and the requirements for conditional uses 12
contained in this SMP. 13
(3) Uses that are specifically prohibited by this SMP may not be authorized as a 14
conditional use. 15
(4) Review Criteria for Shoreline Conditional Use Permit. Uses that are classified or 16
set forth in the applicable SMP as conditional uses may be authorized provided 17
that the applicant demonstrates all of the following: 18
(a) That the proposed use is consistent with the policies of RCW 90.58.020 19
and the SMP; 20
(b) That the proposed use will not interfere with the normal public use of 21
public shorelines; 22
(c) That the proposed use of the site and design of the project is compatible 23
with other authorized uses within the area and with uses planned for the 24
area under the Comprehensive Plan and SMP; 25
(d) That the proposed use will cause no significant adverse effects to the 26
shoreline environment in which it is to be located; and 27
(e) That the public interest suffers no substantial detrimental effect. 28
(5) In the granting of all Shoreline Conditional Use Permits, consideration shall be 29
given to the cumulative impact of additional requests for like actions in the area. 30
For example, if Shoreline Conditional Use Permits were granted for other 31
developments in the area where similar circumstances exist, the total of the 32
conditional uses shall also remain consistent with the policies of RCW 90.58.020 33
and shall not produce substantial adverse effects to the shoreline environment. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 141
January 2015
(6) In authorizing a conditional use, special conditions may be attached to the permit 1
by the C ity or Ecology to prevent undesirable effects of the proposed use and/or 2
to ensure consistency of the project with the SMA and this SMP. 3
(7) Nothing shall interfere with the City's ability to require compliance with all other 4
applicable plans and laws. 5
29.01.760 Shoreline Variance Permits 6
(1) The purpose of a variance is to grant relief to specific bulk or dimensional 7
requirements set forth in this SMP where there are extraordinary or unique 8
circumstances relating to the property such that the strict implementation of this 9
SMP would impose unnecessary hardships on the applicant or thwart the policies 10
set forth in RCW 90.58.020. Variances from the use regulations of the SMP are 11
prohibited. Applications for Shoreline Variance Permits shall be processed 12
pursuant to PMC 25.84.020 and PMC 29.01.760 (2). 13
(2) Review Criteria: 14
(a) Shoreline Variance Permits should be granted in circumstances where 15
denial of the permit would result in a thwarting of the policy enumerated 16
in RCW 90.58.020. In all instances, the applicant must demonstrate that 17
extraordinary circumstances shall be shown and the public interest shall 18
suffer no substantial detrimental effect. 19
(b) Shoreline Variance Permits for development and/or uses that will be 20
located landward of the OHWM, as defined in RCW 90.58.030(2)(b), 21
and/or landward of any wetland, as defined in RCW 90.58.030(2)(h), may 22
be authorized provided the applicant can demonstrate all of the following: 23
(i) That the strict application of the bulk, dimensional, or performance 24
standards set forth in the SMP precludes, or significantly interferes 25
with, reasonable use of the property; 26
(ii) That the hardship described in criterion PMC 29.01.760 (2)(b)(i) of 27
this subsection is specifically related to the property and is the 28
result of unique conditions, such as irregular lot shape, size, or 29
natural features, and the application of the SMP, and not, for 30
example, from deed restrictions or the applicant's own actions; 31
(iii) That the design of the project is compatible with other authorized 32
uses within the area and with uses planned for the area under the 33
Comprehensive Plan and SMP and will not cause adverse impacts 34
on the shoreline environment; 35
(iv) That the variance will not constitute a grant of special privilege not 36
enjoyed by the other properties in the area; 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 142
January 2015
(v) That the variance requested is the minimum necessary to afford 1
relief; and 2
(vi) That the public interest will suffer no substantial detrimental effect. 3
(c) Shoreline Variance Permits for development and/or uses that will be 4
located waterward of the OHWM, as defined in RCW 90.58.030(2)(b), or 5
within any wetland, as defined in RCW 90.58.030(2)(h), may be 6
authorized provided the applicant can demonstrate all of the following: 7
(i) That the strict application of the bulk, dimensional, or performance 8
standards set forth in the applicable SMP precludes all reasonable 9
use of the property; 10
(ii) That the proposal is consistent with the criteria established under 11
PMC 29.01.760 (2)(b) (i)-(iv) above can be met; and 12
(iii) That the public rights of navigation and use of the shorelines will 13
not be adversely affected. 14
(d) In the granting of all Shoreline Variance Permits, consideration shall be 15
given to the cumulative impact of additional requests for like actions in the 16
area. For example, if variances were granted to other developments and/or 17
uses in the area where similar circumstances exist, the total of the 18
variances shall also remain consistent with the policies of RCW 90.58.020 19
and shall not cause substantial adverse effects to the shoreline 20
environment. 21
29.01.770 Exemptions from Shoreline Substantial Development Permits 22
(1) An exemption from the Shoreline Substantial Development Permit process is not 23
an exemption from compliance with the SMA or this SMP, or from any other 24
regulatory requirements. All proposed uses, activities, or development occurring 25
within shoreline jurisdiction must conform to the intent and requirements of 26
RCW 90.58, the SMA, and this SMP, whether or not a permit or other form of 27
authorization is required. 28
(2) Letters of exemption shall be issued by the Shoreline Administrator when an 29
exemption applies or when a letter of exemption is required b y the provisions of 30
WAC 173-27-050 and as follows: 31
(a) Any person claiming exemption from the Substantial Development Permit 32
requirements shall make an application to the Shoreline Administrator for 33
such an exemption in the manner prescribed by the 34
Shoreline Administrator, except that no written statement of exemption is 35
required for emergency development pursuant to WAC 173-27-040(2)(d). 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 143
January 2015
(b) The Shoreline Administrator is authorized to grant or deny requests for 1
statements of exemption from the Shoreline Substantial Development 2
Permit requirement for uses and developments within shorelines that are 3
specifically listed in PMC Section 29.01.770 (4). The statement shall be in 4
writing and shall indicate the specific exemption of this SMP that is being 5
applied to the development and shall provide a summary of the 6
Shoreline Administrator’s analysis of the consistency of the project with 7
this SMP and the SMA. The letter shall be sent to the applicant and 8
maintained on file in the offices of the Shoreline Administrator. 9
(c) Statements of exemption may contain conditions and/or mitigating 10
measures of approval to achieve consistency and compliance with the 11
provisions of this SMP and the SMA. 12
(d) A denial of an exemption shall be in writing and shall identify the 13
reason(s) for the denial. The Shoreline Administrator’s decision may be 14
appealed pursuant to PMC 29.01.810, Appeals. 15
(e) Exempt activities requiring a JARPA shall not be conducted until a 16
statement of exemption has been obtained from the 17
Shoreline Administrator. 18
(3) Interpretations of Exemptions: 19
(a) Exemptions shall be construed narrowly. Only those developments that 20
meet the precise terms of one or more of the listed exemptions may be 21
granted exemption from the Shoreline Substantial Development Permit 22
process. 23
(b) A development or use that is listed as a conditional use pursuant to this 24
SMP, or is an unlisted use, must obtain a Shoreline Conditional Use 25
Permit even though the development or use does not require a 26
Shoreline Substantial Development Permit. When a development or use is 27
proposed that does not comply with the bulk, dimensional, and 28
performance standards of this SMP, such development or use can only be 29
authorized by approval of a Shoreline Variance Permit. 30
(c) The burden of proof that a development or use is exempt from the permit 31
process is on the applicant. 32
(d) If any part of a proposed development is not eligible for exemption, then a 33
Shoreline Substantial Development Permit is required for the entire 34
proposed development project. 35
(e) The Shoreline Administrator may attach conditions to the approval of 36
exempted developments and/or uses as necessary to ensure consistency of 37
the project with the SMA and this SMP. Additionally, nothing shall 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 144
January 2015
interfere with each responsible local government's ability to require 1
compliance with all other applicable laws and plans. 2
(4) The City shall exempt from the Shoreline Substantial Development Permit 3
requirement the shoreline developments listed below: 4
(a) Any development of which the total cost or fair market value does not 5
exceed $6,416 or as adjusted by the State Office of Financial 6
Management, if such development does not materially interfere with the 7
normal public use of the water or shorelines of the state. For purposes of 8
determining whether or not a permit is required, the total cost or fair 9
market value shall be based on the value of development that is occurring 10
on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total 11
cost or fair market value of the development shall include the fair market 12
value of any donated, contributed, or found labor, as well as equipment, or 13
materials. 14
(b) Normal maintenance or repair of existing legally established structures or 15
developments, including damage by accident, fire, or elements. 16
Replacement of a structure or development may be authorized as repair 17
where such replacement is the common method of repair for the type of 18
structure or development and the replacement structure or development is 19
comparable to the original structure or development, including, but not 20
limited to, its size, shape, configuration, location, and external appearance 21
and the replacement does not cause substantial adverse effects to shoreline 22
resources or environment. 23
(c) Construction of a normal protective bulkhead common to single-family 24
residences. A normal protective bulkhead includes those structural and 25
non-structural developments installed at or near, and parallel to, the 26
OHWM for the sole purpose of protecting an existing single-family 27
residence and appurtenant structures from loss or damage by erosion. A 28
normal protective bulkhead is not exempt if constructed for the purpose of 29
creating dry land. When a vertical or near vertical wall is being 30
constructed or reconstructed, not more than 1 cubic yard of fill per one 31
1 foot of wall may be used as backfill. When an existing bulkhead is being 32
repaired by construction of a vertical wall fronting the existing wall, it 33
shall be constructed no farther waterward of the existing bulkhead than is 34
necessary for construction of new footings. When a bulkhead has 35
deteriorated such that an OHWM has been established by the presence and 36
action of water landward of the bulkhead, then the replacement bulkhead 37
must be located at or near the actual OHWM. Bioengineered 38
erosion-control projects may be considered a normal protective bulkhead 39
when any structural elements are consistent with the above requirements 40
and when the project has been approved by WDFW. 41
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 145
January 2015
(d) Emergency construction necessary to protect property from damage by the 1
elements. An emergency is an unanticipated and imminent threat to public 2
health, safety, or the environment that requires immediate action within a 3
time too short to allow full compliance with this SMP. Emergency 4
construction does not include development of new permanent protective 5
structures where none previously existed. Where new protective structures 6
are deemed by the Shoreline Administrator to be the appropriate means to 7
address the emergency situation, and upon abatement of the emergency 8
situation, the new structure shall be removed or any permit that would 9
have been required, absent an emergency, pursuant to RCW 90.58 these 10
regulations, or this SMP, shall be obtained. All emergency construction 11
shall be consistent with the policies and requirements of this section, RCW 12
90.58, and this SMP. As a general matter, flooding or other seasonal 13
events that can be anticipated and may occur but that are not imminent are 14
not an emergency. 15
(i) The following criteria shall exist to qualify any action under an 16
emergency provision: 17
(A) There must be an immediate threat to life, or public or 18
private property, or an immediate threat of serious 19
environmental degradation arising from a natural condition, 20
or non-natural accident or incident; 21
(B) The emergency response shall be confined to the action 22
necessary to protect life or property from damage; 23
(C) The scope of the emergency response must be limited to the 24
work necessary to relieve the immediate threat; and 25
(D) The emergency response applies only to the period of time 26
in which the actual emergency exists. 27
(ii) Once the emergency is abated or dissipated as deemed by 28
jurisdictional authorities, compliance with the requirements of this 29
section is required. 30
(iii) Emergency actions shall use reasonable methods that minimize the 31
impact to critical areas and their buffers. Persons who take 32
emergency action shall notify the Shoreline Administrator within 33
1 working day following commencement of the emergency 34
activity. Following such notification, the Shoreline Administrator 35
shall determine if the action taken was within the scope and 36
definition of emergency actions as defined above. If the 37
Shoreline Administrator determines the action taken or any part of 38
the action taken was beyond the scope and definition of allowed 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 146
January 2015
emergency actions, then the enforcement provisions of 1
PMC 29.01.830 shall apply. 2
(e) Construction and practices normal or necessary for farming, irrigation, and 3
ranching activities, including agricultural service roads and utilities on 4
shorelands and the construction and maintenance of irrigation structures, 5
including, but not limited to, head gates, pumping facilities, and irrigation 6
channels. A feedlot of any size, all processing plants, other activities of a 7
commercial nature, and alteration of the contour of the shorelands by 8
leveling or filling, other than that which results from normal cultivation, 9
shall not be considered normal or necessary farming or ranching activities. 10
(f) Construction or modification of navigational aids such as channel markers 11
and anchor buoys. 12
(g) Construction on shorelands by an owner, lessee, or contract purchaser of a 13
single-family residence or appurtenance for their own use or for the use of 14
their family, which residence does not exceed a height of 35 feet above 15
average grade level and which meets all requirements of the City, other 16
than requirements imposed pursuant to RCW 90.58. Construction 17
authorized under this exemption, shall be located landward of the OHWM. 18
(h) Construction of a dock, including a community dock designed for pleasure 19
craft only and for the private non-commercial use of the owner, lessee, or 20
contract purchaser of a single-family or multiple-family residence. This 21
exception applies when the fair market value of the dock does not exceed 22
$10,000, but if subsequent construction having a fair market value 23
exceeding $2,500.00 occurs within 5 years of completion of the prior 24
construction, the subsequent construction shall be considered a substantial 25
development for the purpose of this section. 26
(i) Operation, maintenance, repair, or construction of canals, waterways, 27
drains, reservoirs, or other facilities that now exist or are hereafter created 28
or developed as a part of an irrigation system for the primary purpose of 29
making use of system waters, including return flow and artificially stored 30
groundwater from the irrigation of lands. 31
(j) The marking of property lines or corners on state-owned lands, when such 32
marking does not significantly interfere with normal public use of the 33
surface of the water. 34
(k) Operation and maintenance of existing and future system of dikes, drains, 35
or other facilities existing on September 8, 1975 (where water is being 36
drained from irrigation runoff or shallow groundwater levels artificially 37
recharged through irrigation, and that), which are created, developed or 38
utilized primarily as a part of an agricultural drainage or diking system. 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 147
January 2015
(l) Any project with a certification from the governor pursuant to RCW 80.50 1
(certification from the State Energy Facility Site Evaluation Council). 2
(m) Site exploration and investigation activities that are prerequisite to 3
preparation of an application for development authorization under this 4
section, if: 5
(i) The activity does not interfere with the normal public use of 6
surface waters; 7
(ii) The activity will have no significant adverse impact on the 8
environment, including, but not limited to, fish, wildlife, fish or 9
wildlife habitat, water quality, and aesthetic values; 10
(iii) The activity does not involve the installation of any structure and, 11
upon completion of the activity, the vegetation and land 12
configuration of the site are restored to conditions existing before 13
the activity; and 14
(iv) A private entity seeking development authorization under this 15
section first posts a performance bond or provides other evidence 16
of financial responsibility to the local jurisdiction to ensure the site 17
is restored to preexisting conditions. 18
(n) The process of removing or controlling aquatic noxious weeds, as defined 19
in RCW 17.26.020, through the use of an herbicide or other treatment 20
methods applicable to weed control published by the Departments of 21
Agriculture or Ecology jointly with other state agencies under 22
RCW 43.21C. 23
(o) Watershed restoration projects as defined in RCW 89.08.460. 24
(p) A public or private project that is designed to improve fish or wildlife 25
habitat or fish passage when all of the following apply: 26
(i) The project has been approved by WDFW; 27
(ii) The project has received HPA by WDFW pursuant to RCW 77.55; 28
(iii) The City has determined that the project is substantially consistent 29
with the local SMP. The City shall make such determination in a 30
timely manner and provide it by letter to the applicant; and 31
(iv) Fish habitat enhancement projects that conform to the provisions 32
of RCW 77.55.181 are determined to be consistent with local 33
SMPs. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 148
January 2015
(q) Any person conducting a remedial action at a facility pursuant to a consent 1
decree, order, or agreed order issued pursuant to RCW 70.105D or to 2
Ecology when it conducts a remedial action under RCW 70.105D. 3
(r) Other than conversions to non-forest land use, forest practices regulated 4
under RCW 76.09 are not subject to additional regulations under the SMA 5
or this SMP (90.58.030(2)(d)(ii)). 6
29.01.780 Duration of Permits (Discuss with City –different timeframe can be used) 7
(1) The duration of permits shall be consistent with WAC 173-27-090 as follows: 8
(a) Construction activities shall be commenced or, where no construction 9
activities are involved, the use or activity shall be commenced within 10
2 years of the effective date of a substantial development permit. The City 11
may authorize a single extension for a period not to exceed 1 year based 12
on reasonable factors if a request for extension has been filed before the 13
expiration date and notice of the proposed extension is given to parties of 14
record on the substantial development permit and to the department. 15
(b) Authorization to conduct development activities shall terminate 5 years 16
after the effective date of a Substantial Development Permit. However, the 17
City may authorize a single extension for a period not to exceed 1 year 18
based on reasonable factors if a request for extension has been filed before 19
the expiration date and notice of the proposed extension is given to parties 20
of record and to the department. 21
29.01.790 Initiation of Development 22
(1) Each permit for a Substantial Development, Shoreline Conditional Use, or 23
Shoreline Variance issued by local government shall contain a provision that 24
construction pursuant to the permit shall not begin and is not authorized until 25
21 days from the date of receipt with Ecology as defined in RCW 90.58.140(6) 26
and WAC 173-27-130, or until all review proceedings initiated within 21 days 27
from the date of receipt of the decision. The date of filing for a 28
Substantial Development Permit is the date of actual receipt by Ecology of a local 29
government's final decision on the permit. With regard to a permit for a 30
Shoreline Variance or a Shoreline Conditional Use, date of filing means the date a 31
responsible local government or applicant receives the written decision of 32
Ecology. When a Substantial Development Permit and a Conditional Use or 33
Variance Permit are required for a development, the submittal on the permits shall 34
be made concurrently. 35
(2) Permits for Substantial Development, Shoreline Conditional use, or 36
Shoreline Variance may be in any form prescribed and used by the City, including 37
a combined permit application form. Such forms will be supplied by the City. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 149
January 2015
(3) A permit data sheet shall be submitted to Ecology with each shoreline permit. The 1
permit data sheet form shall be consistent with WAC 173-27-990. 2
29.01.800 Review Process 3
(1) After the City’s approval of a Shoreline Conditional Use or Variance Permit, the 4
City shall submit the permit to Ecology for approval, approval with conditions, or 5
denial. Ecology shall render and transmit to the City and the applicant its final 6
decision approving, approving with conditions, or disapproving the permit within 7
30 days of the date of submittal by the City pursuant to WAC 173-27-110. 8
(2) Ecology shall review the complete file submitted by the City on Shoreline 9
Conditional Use or Variance Permits and any other information submitted or 10
available that is relevant to the application. Ecology shall base its determination to 11
approve, approve with conditions, or deny a Conditional Use Permit or 12
Variance Permit on consistency with the policy and provisions of the SMA and 13
except as provided in WAC 173-27-210 and the criteria in WAC 173-27-160 and 14
173-27-170. 15
(3) The City shall provide timely notification of the Ecology's final decision to those 16
interested persons having requested notification from local government pursuant 17
to WAC 173-27-130. 18
29.01.810 Appeals 19
(1) Appeals of Shoreline Permit Decisions. The City’s decisions on shoreline permits 20
may be appealed to the following bodies in this sequence: 21
(a) Pasco City Council in accordance with PMC 25.86.080. 22
(b) State Shorelines Hearings Board (SHB) in Tumwater. 23
(c) SHB decisions may be appealed to superior court. 24
(d) Superior court decisions may be appealed to the Court of Appeals. 25
(e) Appeals Court decisions may be appealed to the Washington Supreme 26
Court. 27
(f) Appeals to the SHB and courts are governed by RCW 90.58.180, 28
RCW 43.21B.001, RCW 34.05 Part V, and WAC 461.08. 29
(2) All requests for review of any final permit decisions under RCW 90.58 and 30
WAC 173-27 are governed by the procedures established in RCW 90.58.180, 31
WAC 461-08, and the rules of practice and procedure of the SHB. 32
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 150
January 2015
29.01.820 Amendments to Permits 1
(1) A permit revision is required whenever the applicant proposes substantive 2
changes to the design, terms, or conditions of a project from that which is 3
approved in the permit. Changes are substantive if they materially alter the project 4
in a manner that relates to its conformance to the terms and conditions of the 5
permit, the SMP, and/or the policies and provisions of RCW 90.58. Changes that 6
are not substantive in effect do not require approval of a revision. 7
(2) Revisions to permits shall be considered consistent with WAC 173-27-100. 8
29.01.830 Enforcement 9
(1) The SMA provides for a cooperative program between the City and Ecology to 10
implement and enforce the provisions of the SMA and this SMP. This section 11
provides for a variety of means of enforcement, including civil and criminal 12
penalties, orders to cease and desist, and orders to take corrective action, in 13
accordance with WAC 173-27-270, 173-27-280, 173-27-290, and 173-27-300, 14
and PMC 25.08. The enforcement means and penalties provided herein are not 15
exclusive and may be taken or imposed in conjunction with, or in addition to, any 16
other civil enforcement actions and civil penalties, injunctive or declaratory relief, 17
criminal prosecution, actions to recover civil or criminal penalties, or any other 18
action or sanction authorized by this section, or any other provision of the PMC, 19
or any other provision of state or federal law and regulation. 20
(2) The Shoreline Administrator, with the assistance of the City Attorney, shall have 21
authority to commence and prosecute any enforcement action authorized by this 22
section. In determining the appropriate enforcement actions to be commenced and 23
prosecuted, the Shoreline Administrator shall consider the following factors: 24
(a) The nature of the violation; 25
(b) The extent of damage or potential future risk to the shoreline environment 26
and its ecological functions or to the public health and safety, caused by or 27
resulting from, whether directly or indirectly, the alleged violation; 28
(c) The existence of knowledge, intent, or malice on behalf of the violator; 29
(d) The economic benefit or advantage that accrued to the violator(s) as a 30
result of the violation; and 31
(e) The estimated actions and costs of providing adequate mitigation, 32
restoration, rehabilitation, or enhancement to repair or minimize any 33
substantial adverse impacts upon the shoreline environment and its 34
ecological functions or the public health and safety. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 151
January 2015
(3) The Shoreline Administrator may commence and prosecute enforcement action 1
jointly with Ecology. Pursuant to WAC 173-27, Ecology may initiate and 2
prosecute enforcement action separate from the Shoreline Administrator. 3
29.01.840 Cumulative Effects of Shoreline Developments 4
(1) The City will periodically evaluate the effectiveness of the SMP update for 5
achieving no net loss of shoreline ecological functions with respect to shoreline 6
permitting and exemptions. At the end of the first full year after adoption, and at 7
the end of every other year thereafter, the Shoreline Administrator shall prepare a 8
report documenting shoreline development permits, conditional permits, and 9
variances, including the exempt use activity approvals and the locations and 10
effects of each by type and classifications. The report should include activities 11
involving development, conservation, restoration, mitigation, and enforcement. It 12
should summarize the net change of developments (including new development 13
and decommissioning of structures and protected areas) using indicators such as 14
linear length of stabilization and flood hazard structures, number of overwater 15
structures (e.g., piers and docks), road length within shoreline, number of 16
waterbody road crossings, number of levees/dikes, acres of impervious surface 17
areas, acres of vegetation, acres of permanently protected areas, or areas with 18
limited development. Compliance and enforcement activity will also be tracked. 19
(2) The Shoreline Administrator, will, to the extent feasible, coordinate with other 20
City departments or as adjacent jurisdictions, to assess cumulative effects of 21
shoreline development. 22
29.01.850 Amendments to Shoreline Master Program 23
(1) Amendments to the SMP shall be processed as legislative decisions pursuant to 24
PMC 24.88 and WAC 173-26-110. 25
(2) Any locally approved amendments to the SMP will not become effective until 26
approved by Ecology. 27
29.01.860 Definitions 28
(1) "Act" means the Washington State SMA, RCW 90.58. 29
(2) "Active fault" means a fault that is considered likely to undergo renewed 30
movement within a period of concern to humans. Faults are commonly considered 31
to be active if the fault has moved one or more times in the last 10,000 years. 32
(3) "Additions" means improvements to an existing building or structure, the cost of 33
which does not exceed 50% of the assessed value of the total structure or result in 34
an increase greater than 25% of the building footprint (up to a maximum of 35
500 square feet) before the addition is started. Additions must share a common 36
wall (one full side) with the original structure. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 152
January 2015
(4) "Adjacent," for purposes of applying Article V - Critical Areas, means 1
immediately adjoining (in contact with the boundary of the influence area) or 2
within a distance less than that needed to separate activities from critical areas to 3
ensure protection of the functions and values of the critical areas. Adjacent shall 4
mean any activity or development located: 5
(a) On-site immediately adjoining a critical area; or 6
(b) A distance equal to or less than the required critical area buffer width and 7
building setback. 8
(5) "Agricultural activities" means agricultural uses and practices including, but not 9
limited to: producing, breeding, or increasing agricultural products; rotating and 10
changing agricultural crops; allowing land used for agricultural activities to lie 11
fallow in which it is plowed and tilled but left unseeded; allowing land used for 12
agricultural activities to lie dormant as a result of adverse agricultural market 13
conditions; allowing land used for agricultural activities to lie dormant because 14
the land is enrolled in a local, state, or federal conservation program, or the land is 15
subject to a conservation easement; conducting agricultural operations; 16
maintaining, repairing, and replacing agricultural equipment; maintaining, 17
repairing, and replacing agricultural facilities, provided that the replacement 18
facility is no closer to the shoreline than the original facility; and maintaining 19
agricultural lands under production or cultivation. Also see definition of "New 20
Agricultural Activities" below. 21
(6) "Agricultural products" includes: but is not limited to horticultural, viticultural, 22
floricultural, and vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, 23
and apiary products; feed or forage for livestock; Christmas trees; hybrid 24
cottonwood and similar hardwood trees grown as crops and harvested within 25
20 years of planting; and livestock, including both the animals themselves and 26
animal products including, but not limited to, meat, upland finfish, poultry and 27
poultry products, and dairy products. 28
(7) "Agricultural equipment" includes, but is not limited to, the following used in 29
agricultural operations: 30
(a) Equipment; machinery; constructed shelters, buildings, and ponds; fences; 31
upland finfish rearing facilities; water diversion, withdrawal, conveyance, 32
and use equipment and facilities including, but not limited to, pumps, 33
pipes, tapes, canals, ditches, and drains; 34
(b) Corridors and facilities for transporting personnel, livestock, and 35
equipment to, from, and within agricultural lands; 36
(c) Farm residences and associated equipment, lands, and facilities; and 37
(d) Roadside stands and on-farm markets for marketing fruit or vegetables. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 153
January 2015
(8) Agricultural facilities. See "Agricultural equipment." 1
(9) "Agricultural land" means those specific land areas on which agriculture activities 2
are conducted as of the date of adoption of a local SMP pursuant to these 3
guidelines as evidenced by aerial photography or other documentation. After the 4
effective date of the SMP, land converted to agricultural use is subject to 5
compliance with the requirements of the SMP. 6
(10) "Alteration," for purposes of applying Article V - Critical Areas, means any 7
human-induced change in an existing condition of a critical area or its buffer. 8
Alterations include grading, filling, dredging, channelizing, clearing (vegetation), 9
applying pesticides, discharging waste, construction, compaction, excavation, 10
modifying for stormwater management, relocating, or other activities that change 11
the existing landform, vegetation, hydrology, wildlife, or habitat value of critical 12
areas. 13
(11) "Amendment" means a revision, update, addition, deletion, and/or reenactment to 14
an existing SMP. 15
(12) "Applicant" means a person who files an application for a permit under this SMP 16
and who is either the owner of the land on which that proposed activity would be 17
located, a contract purchaser, or the authorized agent of such a person. 18
(13) "Approval" means an official action by a local government legislative body 19
agreeing to submit a proposed SMP or amendments to Ecology for review and 20
official action pursuant to this SMP or an official action by Ecology to make a 21
local government SMP effective, thereby incorporating the approved SMP or 22
amendment into the SMP. 23
(14) "Aquaculture" means the culture or farming of fish or other aquatic plants and 24
animals. 25
(15) "Aquifer recharge area" means an area through which precipitation and surface 26
water infiltrate the soil and are transmitted through rocks and soil to create 27
groundwater storage. They are also areas where an aquifer that is a source of 28
drinking water is vulnerable to contamination that would affect the potability of 29
water. 30
(16) "Area of Influence" encompasses an area that is 2.5 times the height of a slope. 31
The Area of Influence applies to areas that have geologically hazardous attributes 32
consistent with an Erosion or Landslide Hazard Area as defined in 33
PMC 29.01.860, Definitions, andPMC 29.01.560, Geological Hazard Areas. This 34
mapped area surrounds the hazard area from all points for a distance of 2.5 times 35
the height of the applicable slope. Areas with a 15% slope or greater as its only 36
attribute do not have an Area of Influence. 37
(17) "Area of shallow flooding" means a designated AO or AH zone on the FIRM. AO 38
is characterized as sheet flow and AH indicates ponding. The base flood depths 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 154
January 2015
range from 1 to 3 feet; a clearly defined channel does not exist; the path of 1
flooding is unpredictable and indeterminate; and velocity flow may be evident. 2
(18) "Area of special flood hazard" means the land in the floodplain within a 3
community subject to a 1% or greater chance of flooding in any given year. 4
Designation on maps always includes the letters A or V. 5
(19) "Assessed value" means assessed valuation shall be as established by the County 6
assessor's office, unless otherwise provided by a market appraisal institute 7
appraisal. 8
(20) "Associated wetlands" are those wetlands that are in proximity to and either 9
influence or are influenced by a stream subject to the SMA. 10
(21) "Average grade level" means the average of the natural or existing topography of 11
the portion of the lot, parcel, or tract of real property that will be directly under 12
the proposed building or structure. In the case of structures to be built over water, 13
average grade level shall be the elevation of the OHWM. Calculation of the 14
average grade level shall be made by averaging the ground elevations at the 15
midpoint of all exterior walls of the proposed building or structure. 16
(22) "Base flood" means a flood having a 1% chance of being equaled or exceeded in 17
any given year. Also referred to as the "100-year flood." Designated on FIRMS 18
with the letters A or V. 19
(23) "Base flood elevation" means the water surface elevation of the base flood. It 20
shall be referenced to the North American Vertical Datum of 1988. 21
(24) "Basement" means any area of a building having its floor subgrade (below ground 22
level) on all sides. 23
(25) "Best management practices (BMPs)" means conservation practices or systems of 24
practice and management measures that: 25
(a) Control soil loss and reduce water quality degradation caused by high 26
concentrations of nutrients, animal waste, toxics, and sediment; 27
(b) Minimize adverse impacts on surface water and groundwater flow, and 28
circulation patterns, and the chemical, physical, and biological 29
characteristics of wetlands; 30
(c) Protect trees and vegetation designated to be retained during and following 31
site construction; and 32
(d) Provide standards for proper use of chemical herbicides within critical 33
areas. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 155
January 2015
(26) "Best Management Practices, Agricultural" means systems of practices, schedules 1
of activities, prohibitions, maintenance procedures, and management measures 2
that prevent or minimize adverse impacts to the environment. Such practices may 3
be subject to varying conditions, which include geographical location, weather, 4
soil or mineral types and conditions, type of crop or livestock, type of mining, and 5
management systems. Generally accepted agricultural BMPs include those 6
practices historically carried out in the region and those practices defined by the 7
State of Washington, Department of Agriculture, recommendations by the 8
U.S. Department of Agriculture, and other professional and industry agricultural 9
organizations. 10
(27) "Boating facilities" allowed in the City include boat launches and upland boat 11
storage, marinas, and other boat moorage structures or uses. For the purposes of 12
this SMP, boating facilities excludes docks serving four or fewer single-family 13
residences. 14
(28) "Breakwater" means an offshore structure whose primary purpose is to protect 15
harbors, moorages, and navigation activity from wave and wind action by creating 16
stillwater areas along shore. A secondary purpose is to protect shorelines from 17
wave-caused erosion. Breakwaters are generally built parallel to shore, may or 18
may not be connected to land, and may be floating or stationary. 19
(29) "Buffer, Critical Areas," means an area, which provides the margin of safety 20
through protection of slope stability, attenuation of surface water flows and 21
landslide hazards reasonably necessary to minimize risk to the public from loss of 22
life or well-being or property damage resulting from natural disasters, or an area 23
which is an integral part of a stream or wetland ecosystem and which provides 24
shading, input of organic debris and coarse sediments, room for variation in 25
stream or wetland boundaries, habitat for wildlife and protection from harmful 26
intrusion necessary to protect the public from losses suffered when the functions 27
and values of aquatic resources are degraded. 28
(30) "Building setback line" means a line beyond which the foundation of a structure 29
shall not extend. 30
(31) "City" means the City of Pasco. 31
(32) "Clearing" means the cutting, killing, grubbing, or removing of vegetation or 32
other organic material by physical, mechanical, chemical, or any other similar 33
means. 34
(33) "Cluster" means a group of three or more significant trees with overlapping or 35
touching crowns. 36
(34) "Community access" means a shoreline access available to a group or community 37
(e.g., homeowners association), which may not be accessible to general public. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 156
January 2015
(35) "Compensation project" means actions specifically designed to replace 1
project-induced critical area and buffer losses. Compensation project design 2
elements may include land acquisition, planning, construction plans, monitoring, 3
and contingency actions. 4
(36) "Compensatory mitigation" means types of mitigation used to replace project-5
induced critical areas and buffer losses or impacts. 6
(37) "Critical aquifer recharge area" means those areas that are: 7
(a) Designated as "Wellhead Protection Areas" pursuant to 8
WAC 246-290-135(4) and the groundwater contribution area in WAC 9
246-291-100 (2)(e). Wellhead protection areas shall, for the purpose of 10
this regulation, include the identified recharge areas associated with either 11
Group A public water supply wells and those Group B wells with a 12
Wellhead Protection Plan filed with the Franklin County Health District; 13
and 14
(b) Identified in the Soil Survey of Pasco as having high potential for aquifer 15
recharge, including those soil types identified by the 16
Shoreline Administrator. 17
(38) "Crown" means the area of a tree containing leaf- or needle-bearing branches. 18
(39) "Cultural and historic resources" means buildings, sites and areas having 19
archaeological, historic, cultural, or scientific value or significance. 20
(40) "Designated floodway" means the regulatory floodway that has been delineated 21
on the City's FIRM. 22
(41) "Developable area" means a site or portion of a site that may be utilized as the 23
location of development, in accordance with the rules of this SMP. 24
(42) "Development" means a use consisting of: the construction or exterior alteration 25
of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or 26
minerals; bulk heading; driving of piling; placing of obstructions; or any project 27
of a permanent or temporary nature, which interferes with the normal public use 28
of the surface of the waters overlying lands subject to the act at any stage of water 29
level. 30
(43) "Development permit" means any permit issued by the City or other authorized 31
agency, for construction, land use, or the alteration of land. 32
(44) "Dock" means, as a general term, a structure, or group of structures that provides 33
boat moorage or other uses. A dock may be made up of piers (which are structures 34
on fixed piles) and floats (which float on the water's surface and are typically 35
attached to piles so that they may rise and fall with changes in the water's 36
elevation). 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 157
January 2015
(45) "Dredging" means the removal of sediments from the bed of a waterbody by 1
mechanical means. 2
(46) "Ecological functions" or "shoreline functions" means the work performed or role 3
played by the physical, chemical, and biological processes that contribute to the 4
maintenance of the aquatic and terrestrial environments that constitute the 5
shoreline's natural ecosystem. 6
(47) "Ecosystem-wide processes" means the suite of naturally occurring physical and 7
geologic processes of erosion, transport, and deposition, and specific chemical 8
processes that shape landforms within a specific shoreline ecosystem and 9
determine the types of habitat and the associated ecological functions. 10
(48) "Erosion" means the detachment and movement of soil or rock by water, wind, 11
ice, or gravity. 12
(49) "Erosion hazard area" means those areas that, because of natural characteristics, 13
including vegetative cover, soil texture, slope gradient, rainfall patterns, or 14
human-induced changes to such characteristics, are vulnerable to erosion. 15
(50) "Feasible" means, for the purpose of this SMP, that an action, such as a 16
development project, mitigation, or preservation requirement, meets all of the 17
following conditions: (a) the action can be accomplished with technologies and 18
methods that have been used in the past in similar circumstances, or studies or 19
tests have demonstrated in similar circumstances that such approaches are 20
currently available and likely to achieve the intended results; (b) the action 21
provides a reasonable likelihood of achieving its intended purpose; and (c) the 22
action does not physically preclude achieving the project's primary intended legal 23
use. In cases where these guidelines require certain actions, unless they are 24
infeasible, the burden of proving infeasibility is on the applicant. In determining 25
an action's infeasibility, the reviewing agency may weigh the action's relative 26
public costs and public benefits, considered in the short-and long-term time 27
frames. 28
(51) "Federal Emergency Management Agency (FEMA)" means the agency that 29
oversees the administration of the National Flood Insurance Program (44 Code of 30
Federal Regulation [CFR]). 31
(52) "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining 32
structure, or other material to an area waterward of the OHWM, in wetlands or on 33
shoreline areas in a manner that raises the elevation or creates dry land. 34
(53) "Fish and wildlife habitat conservation areas" means areas necessary for 35
maintaining species in suitable habitats within their natural geographic 36
distribution so isolated subpopulations are not created as designated by 37
WAC 365-190-080(5). These areas include: 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 158
January 2015
(a) Areas within which state and federal endangered and threatened species 1
exist, or state sensitive, candidate, and monitor species have a primary 2
association; 3
(b) Priority Habitat and Species Areas identified by the WDFW; 4
(c) Habitats and species of local importance that have been designated by the 5
City at the time of application; 6
(d) Naturally occurring ponds less than 20 acres and their submerged aquatic 7
beds that provide fish or wildlife habitat. These do not include ponds 8
deliberately designed and created from dry sites such as canals, detention 9
facilities, wastewater treatment facilities, farm ponds, temporary 10
construction ponds of less than 3 years duration, and landscape amenities. 11
Naturally occurring ponds may include those artificial ponds intentionally 12
created from dry areas in order to mitigate conversion of ponds, if 13
permitted by a regulatory authority; 14
(e) Waters of the state as defined by WAC 222-16; 15
(f) Lakes, ponds, streams, and rivers planted with game fish by a 16
governmental or tribal entity; 17
(g) Areas with which anadromous fish species have a primary association; and 18
(h) State natural area preserves and natural resources conservation areas. 19
(54) "Flood" or "flooding" mean a general and temporary condition of partial or 20
complete inundation of normally dry land areas from the overflow of inland 21
waters and/or the unusual and rapid accumulation of runoff or surface waters from 22
any source. 23
(55) "Flood hazard area" means any area subject to inundation by the base flood or risk 24
from channel migration, including, but not limited to, an aquatic area, wetland, or 25
closed depression. 26
(56) "Flood insurance rate map (FIRM)" means the official map on which the 27
Federal Insurance Administration has delineated both the areas of special flood 28
hazards and the risk premium zones applicable to the City. 29
(57) "Flood insurance study" means the official report provided by the Federal 30
Insurance and Mitigation Administration that includes the flood profiles, the 31
FIRM, and the water surface elevation of the base flood (44 CFR Part 59). 32
(58) "Flood protection elevation" means an elevation that is 1 foot or more above the 33
base flood elevation. 34
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 159
January 2015
(59) "Floodplain" is synonymous with 100-year floodplain and means that land area 1
susceptible to inundation with a 1% chance of being equaled or exceeded in any 2
given year. The limit of this area shall be based on flood ordinance regulation 3
maps or a reasonable method, which meets the objectives of the SMA. 4
(60) "Floodproofing" means adaptations that ensure a structure is substantially 5
resistant to the passage of water below the flood protection elevation and resists 6
hydrostatic and hydrodynamic loads and effects of buoyancy. 7
(61) "Floodway" means the channel of a river or other watercourse and the adjacent 8
land areas through which the base flood is discharged. Floodways identified on 9
flood boundary and floodway maps become "regulatory floodways" within which 10
encroachment of obstructions are prohibited. 11
(62) "Floodway dependent structure," for purposes of applying Article V-Critical 12
Areas, means structures such as, but not limited to, dams, levees, pump stations, 13
streambank stabilization, boat launches and related recreational structures, bridge 14
piers and abutments, and fisheries enhancement or stream restoration projects. 15
(63) "Functions" and "values," for purposes of applying Article V-Critical Areas, mean 16
the beneficial roles served by critical areas, including, but not limited to, water 17
quality protection and enhancement, fish and wildlife habitat, food chain support, 18
flood storage, conveyance and attenuation, groundwater recharge and discharge, 19
erosion control, and recreation. Functions and values may be considered 20
independently, with functions being measured indicators such as water quality, 21
hydrologic functions, and habitat functions and values being non-measured 22
indicators such as local importance, potential qualities, or recreational benefits. 23
(64) "Geological hazard areas" means areas that, because of their susceptibility to 24
erosion, sliding, earthquake, or other geologic events, are not suited to the siting 25
of commercial, residential, or industrial development consistent with public health 26
or safety concerns. Geological Hazard Areas include Erosion Hazards, Landslide 27
Hazards, Mine Hazards, and Seismic Hazards, as defined herein and specified in 28
PMC 29.01.560. 29
(65) "Geotechnical Report" or "geotechnical analysis" means a scientific study or 30
evaluation conducted by a qualified expert that includes a description of the 31
ground and surface hydrology and geology, the affected landform and its 32
susceptibility to mass wasting, erosion, and other geologic hazards or processes, 33
conclusions and recommendations regarding the effect of the proposed 34
development on geologic conditions, the adequacy of the site to be developed, the 35
impacts of the proposed development, alternative approaches to the proposed 36
development, and measures to mitigate potential site-specific and cumulative 37
geological and hydrological impacts of the proposed development, including the 38
potential adverse impacts on adjacent and down-current properties. Geotechnical 39
Reports shall conform to accepted technical standards and must be prepared by 40
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 160
January 2015
qualified professional engineers or geologists who have professional expertise 1
about the regional and local shoreline geology and processes. 2
(66) "Grading" means stripping, cutting, filling, or stockpiling of land, including the 3
land in its cut or filled condition to create new grade. 4
(67) "Groin" means a barrier type of structure extending from the streambank into a 5
waterbody for the purpose of the protection of a shoreline and adjacent uplands by 6
influencing the movement of water or deposition of materials. 7
(68) "Ground cover" means all types of vegetation other than trees. 8
(69) "Guidelines" means those standards adopted by the department to implement the 9
policy of RCW 90.58 for regulation of use of the shorelines of the state prior to 10
adoption of SMPs. Such standards shall also provide criteria for local 11
governments and the department in developing and amending SMPs. 12
(70) "Hazard areas" means areas designated as frequently flooded or geologically 13
hazardous areas due to potential for erosion, landslide, seismic activity, mine 14
collapse, or other geologically hazardous conditions, including steep slopes. 15
(71) "Hazardous substance(s)" means: 16
(a) A hazardous substance as defined by Section 101(14) of the 17
Comprehensive Environmental Response, Compensation, and Liability 18
Act; any substance designated pursuant to Section 311(b)(2)(A) of the 19
Clean Water Act (CWA); any hazardous waste having the characteristics 20
identified under or listed pursuant to Section 3001 of the Solid Waste 21
Disposal Act (but not including any waste the regulation of which under 22
the Solid Waste Disposal Act has been suspended by Act of Congress); 23
any toxic pollutant listed under Section 307(a) of the CWA; or any 24
imminently hazardous chemical substance or mixture with respect to 25
which the United States Environmental Protection Agency has taken 26
action pursuant to Section 7 of the Toxic Substances Control Act; and 27
(b) Hazardous substances that include any liquid, solid, gas, or sludge, 28
including any material, substance, product, commodity, or waste, 29
regardless of quantity, that exhibit any of the physical, chemical, or 30
biological properties described in WAC 173-303-090, 173-303-102, or 31
173-303-103. 32
(72) "High-intensity land use" means land uses consisting of commercial, urban, 33
industrial, institutional, retail, residential with more than one unit per acre, 34
agricultural (dairies, nurseries, raising and harvesting crops, requiring annual 35
tilling, and raising and maintaining animals), high-intensity recreation 36
(golf courses, ball fields), and hobby farms. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 161
January 2015
(73) "Heavy equipment" means such construction machinery as backhoes, treaded 1
tractors, dump trucks, and front-end loaders. 2
(74) "Hydraulic project approval (HPA)" means a permit issued by WDFW for 3
modification to waters of the state in accordance with RCW 75.20. 4
(75) "Impervious surface area" means a hard surface area, which either prevents or 5
retards the entry of water into the soil mantle as under natural conditions prior to 6
development. Impervious surface shall also include a hard surface area, which 7
causes water to run off the surface in greater quantities or at an increased rate of 8
flow from the flow present under natural conditions prior to development. 9
Common impervious surfaces include rooftops, walkways, patios, driveways, 10
parking lots or storage areas, concrete or asphalt paving, gravel roads with 11
compacted subgrade, packed earthen materials, and oiled, macadam or other 12
surfaces, which similarly impede the natural infiltration of stormwater. Open, 13
uncovered retention/detention facilities shall not be considered as impervious 14
surfaces. 15
(76) "In-stream structures" function for the impoundment, diversion, or use of water 16
for hydroelectric generation and transmission (including public and private 17
facilities), flood control, irrigation, water supply (domestic and industrial), 18
recreation, or fisheries enhancement. 19
(77) "Invasive, non-native vegetation species" means the plants listed for 20
Eastern Washington in Washington State Noxious Weed Board Publication 21
# 820-264E (N/6/09), or the latest version of this document. 22
(78) "Isolated wetland" means those wetlands and their buffers that are outside of the 23
following critical areas and their buffers, where applicable: 100-year floodplain, 24
lake, river, stream, or wetland. Isolated wetlands have no contiguous hydric soil 25
or hydrophytic vegetation between the wetland and any surface water. 26
(79) "Landslide" means down slope movement of a mass of soil, rock, snow or ice, 27
including, but not limited to, rock falls, slumps, mud flows, debris flows, torrents, 28
earth flows, and snow avalanches. 29
(80) "Landslide hazard areas" means those areas potentially subject to landslides based 30
on a combination of geologic, topographic, and hydrologic factors. 31
(81) "Low-intensity land use" includes forestry and open space (such as passive 32
recreation and natural resources preservation). 33
(82) "Lowest floor" means the lowest enclosed area (including basement) of a 34
structure. An unfinished or flood resistant enclosure, usable solely for parking of 35
vehicles, building access, or storage in an area other than a basement area, is not 36
considered a building's lowest floor, provided that such enclosure is not built so as 37
to render the structure in violation of the applicable non-elevation design 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 162
January 2015
requirements of these critical areas regulations found in PMC 29.01.550, F Flood 1
Hazard Areas (i.e., provided there are adequate flood ventilation openings). 2
(83) "May" means the action is acceptable, provided it conforms to the provisions of 3
this SMP. 4
(84) "Mitigation sequencing" means the process of avoiding, reducing, or 5
compensating for the adverse environmental impact(s) of a proposal, including 6
the following actions, listed in the order of preference, the first being the most 7
preferred: 8
(a) Avoiding the impact altogether by not taking a certain action or parts of an 9
action; 10
(b) Where impact on critical areas or their buffers will not be avoided, 11
demonstrating that the impact meets the criteria for granting a 12
Shoreline Variance Permit or other administratively approved alteration; 13
(c) Minimizing impacts by limiting the degree or magnitude of the action and 14
its implementation by using appropriate technology or by taking 15
affirmative steps to avoid or reduce impacts; 16
(d) Rectifying the impact by repairing, rehabilitating, or restoring the affected 17
environment; 18
(e) Reducing or eliminating the impact over time by preservation and 19
maintenance operations during the life of the action; 20
(f) Compensating for the impact by replacing, enhancing, or providing 21
substitute resources or environments; and 22
(g) Monitoring the impact and the compensation projects and taking 23
appropriate corrective measures. 24
(85) “Mixed-use” or “Mixed-use development” means a combination of uses within 25
the same building or site as a part of an integrated development project with 26
functional interrelationships and coherent physical design that includes a mix of 27
water-oriented and non-water-oriented uses. 28
(86) "Moderate-intensity land use" includes residential at a density of 1-unit-per-acre 29
or less, moderate-intensity open space (parks), and agriculture (moderate intensity 30
land uses such as orchards and hay fields). 31
(87) "Monitoring" means the collection of data by various methods for the purpose of 32
understanding natural systems and features, evaluating the impact of development 33
proposals on such systems, and/or assessing the performance of mitigation 34
measures imposed as conditions of development. 35
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 163
January 2015
(88) "Must" means a mandate; the action is required. 1
(89) "Native vegetation" means plant species that are indigenous to the region. 2
(90) "New agricultural activities" are activities that meet the definition of agricultural 3
activities but are proposed on land not in agricultural use at the adoption date of 4
this SMP. 5
(91) "New construction" means structures for which the start of construction 6
commenced on or after the effective date of the ordinance codified in this SMP. 7
(92) "Non -water-oriented uses" means those uses that are not water-dependent, 8
water-related, or water-enjoyment. 9
(93) “Normal maintenance” means those usual acts that are necessary to prevent a 10
property’s decline, lapse, or cessation from a lawfully established condition. 11
(94) “Normal repair” means to restore a structure or development to a state comparable 12
to its original condition including, but not limited to, its size, shape, configuration, 13
location, and external appearance, within a reasonable period after decay or 14
partial destruction, except where repair causes substantial adverse impacts on 15
shoreline resources or environment. Replacement of a structure or development 16
may be authorized as repair where such replacement is the common method of 17
repair for the type of structure or development, and the replacement structure or 18
development is comparable to the original structure or development including, but 19
not limited to, its size, shape, configuration, location, and external appearance, 20
and the replacement does not cause substantial adverse impacts on shoreline 21
resources or environment. 22
(95) "Ordinary high water mark (OHWM)" means that mark that will be found by 23
examining the bed and banks and ascertaining where the presence and action of 24
waters are so common and usual, and so long continued in all ordinary years, as to 25
mark upon the soil a character distinct from that of the abutting upland, in respect 26
to vegetation as that condition exists on June 1, 1971, as it may naturally change 27
thereafter in accordance with permits issued by a local government or the 28
department. Where the OHWM cannot be found, it shall be the line of mean high 29
water. For braided streams, the OHWM is found on the banks forming the outer 30
limits of the depression within which the braiding occurs. 31
(96) "Practical alternative" means an alternative that is available and capable of being 32
carried out after taking into consideration cost, existing technology, and logistics 33
in light of overall project purposes, and having less impact on critical areas. 34
(97) "Primitive trail" means unimproved and unpaved, but physically defined pathway 35
for non-motorized movement. 36
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 164
January 2015
(98) "Priority habitat" means a habitat type with unique or significant value to one or 1
more species. An area classified and mapped as priority habitat must have one or 2
more of the following attributes: 3
(a) Comparatively high fish or wildlife density; 4
(b) Comparatively high fish or wildlife species diversity; 5
(c) Fish spawning habitat; 6
(d) Important wildlife habitat; 7
(e) Important fish or wildlife seasonal range; 8
(f) Important fish or wildlife movement corridor; 9
(g) Rearing and foraging habitat; 10
(h) Refugia habitat; 11
(i) Limited availability; 12
(j) High vulnerability to habitat alteration; or 13
(k) Unique or dependent species. 14
A priority habitat may be described by a unique vegetation type or by a dominant 15
plant species that is of primary importance to fish and wildlife. A priority habitat 16
may also be described by a successional stage (such as old growth and mature 17
forests). Alternatively, a priority habitat may consist of a specific habitat element 18
(such as caves or snags) of key value to fish and wildlife. A priority habitat may 19
contain priority and/or non-priority fish and wildlife. 20
(99) "Priority species" means species requiring protective measures and/or 21
management guidelines to ensure their persistence at genetically viable population 22
levels. Priority species are those that meet any of the following criteria: 23
(a) Criterion 1. State-listed or state-proposed species. State-listed species are 24
those native fish and wildlife species legally designated as endangered 25
(WAC 232-12-014), threatened (WAC 232-12-011), or sensitive 26
(WAC 232-12-011). State-proposed species are those fish and wildlife 27
species that will be reviewed by the WDFW (POL-M-6001) for possible 28
listing as endangered, threatened, or sensitive according to the process and 29
criteria defined in WAC 232-12-297. 30
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 165
January 2015
(b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include 1
those species or groups of animals susceptible to significant population 2
declines, within a specific area or statewide, by virtue of their inclination 3
to congregate. 4
(c) Criterion 3. Species of recreational, commercial, and/or tribal importance. 5
Native and non-native fish and wildlife species of recreational or 6
commercial importance and recognized species used for tribal ceremonial 7
and subsistence purposes that are vulnerable to habitat loss or degradation. 8
(d) Criterion 4. Species listed under the Federal Endangered Species Act as 9
either proposed, threatened, or endangered. 10
(100) "Provisions" means any definition, policy, goal, regulation, requirement, standard, 11
authorization, prohibition, guideline criteria, or environment designations. 12
(101) "Public Access" means physical and visual access. Public access includes the 13
ability of the general public to reach, touch, and enjoy the water's edge, to travel 14
on the waters of the state, and to view the water and the shoreline from adjacent 15
locations. The following are examples of public access: 16
(a) Visual Access. Visual public access may consist of view corridors, 17
viewpoints, or other means of visual approach to public waters. 18
(b) Physical Access. Physical public access may consist of a dedication of 19
land or easement and a physical improvement in the form of a walkway, 20
trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, 21
view platform, or other area serving as a means of physical approach to 22
public waters. 23
(102) “Public Access Plan” means the City of Pasco’s Rivershore Linkage and Amenity 24
Plan adopted on July 16, 2012. 25
(103) "Public agency" means every city, county, state, or federal office, every officer, 26
every institution, whether educational, correctional, or other, and every 27
department, division, board, and commission that provides services or 28
recommendations to the public or other such agencies. 29
(104) "Public utility" means a public service corporation performing some public 30
service subject to special governmental regulations, or a governmental agency 31
performing similar public services, either of which are paid for directly by the 32
recipients thereof. Such services shall include water supply, electric power, gas, 33
and transportation for persons and freight. 34
(105) "Qualified professional" means a person with experience and training in the 35
pertinent discipline, and who is a qualified expert with expertise appropriate for 36
the relevant critical area or shoreline subject. A qualified professional must have 37
obtained a B.S., B.A., or equivalent degree or certification in biology, 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 166
January 2015
engineering, environmental studies, fisheries, geomorphology, landscape 1
architecture, forestry or related field, and 2 years of related work experience. 2
(a) A qualified professional for wildlife, habitats, or wetlands must have a 3
degree in biology, zoology, ecology, fisheries, or related field, and 4
professional experience in Washington State. 5
(b) A qualified professional for a geological hazard must be a professional 6
engineer or geologist, licensed in the State of Washington. 7
(c) A qualified professional for critical aquifer recharge areas means a 8
hydrogeologist, geologist, engineer, or other scientist with experience in 9
preparing hydrogeologic assessments. 10
(d) A qualified professional with flood and channel migration zone expertise 11
must be a hydrologist or fluvial geomorphologist. 12
(e) A qualified professional for vegetation management must be a registered 13
landscape architect, certified arborist, biologist, or professional forester 14
with a corresponding degree or certification. 15
(f) A qualified archaeologist must be a person qualified for addressing 16
cultural and historic resources protection and preservation, with a degree 17
in archaeology, anthropology, history, classics or other germane 18
disciplines with a specialization in archaeology and/or historic 19
preservation and with a minimum of 2 years of experience in preparing 20
Cultural Resource Site Assessments reports. 21
(106) "Recreational development" means the modification of the natural or existing 22
environment to accommodate commercial and public facilities designed and used 23
to provide recreational opportunities to the public. Commercial recreational 24
development should be consistent with commercial development defined herein. 25
(107) "Recreational vehicle" means a vehicle designed primarily for recreational 26
camping, travel, or seasonal use that has its own mode of power or is mounted on 27
or towed by another vehicle, including, but not limited, to travel trailers, folding 28
camping trailers, truck campers, motor homes, motorized boats, and multi-use 29
vehicles or any structure inspected, approved, and designated a recreational 30
vehicle by and bearing the insignia of the State of Washington or any other state 31
or federal agency having the authority to approve recreational vehicles. 32
(108) “Research and Monitoring” includes activities associated with identifying data, 33
and collecting, monitoring, and evaluating scientific data and information to 34
support water, fisheries, and other ecological services management, restoration, 35
and operational activities. Example activities that could be included under this 36
category include installing and operating stream and water quality monitoring 37
gages, collecting fisheries data using a trap or other devices, setting up and using 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 167
January 2015
equipment to collect sediment data, and other data collection activities that need 1
to utilize the shoreline and waters of the state to meet public objectives. 2
(109) "Residential development" entails one or more buildings, structures, lots, parcels 3
or portions thereof that are designed, used, or intended to be used as a place of 4
abode for human beings. These include single-family residences, residential 5
subdivisions, short residential subdivisions, attached dwellings, and all accessory 6
uses or structures normally associated with residential uses. Accessory residential 7
uses include garages, sheds, tennis courts, swimming pools, parking areas, fences, 8
cabanas, saunas, and guest cottages. Hotels, motels, dormitories, or any other type 9
of overnight or transient housing are excluded from the residential category and 10
must be considered commercial uses depending on project characteristics. 11
(110) "Restore," "Restoration," or "ecological restoration" means the reestablishment or 12
upgrading of impaired natural or enhanced ecological shoreline processes or 13
functions. This may be accomplished through measures, including, but not limited 14
to, revegetation, removal of intrusive shoreline structures, and removal or 15
treatment of toxic materials. Restoration does not imply a requirement for 16
returning the shoreline area to pre-aboriginal, or pre-European settlement 17
conditions. 18
(111) "Riparian habitat" means areas adjacent to aquatic systems with flowing water 19
that contains elements of aquatic and terrestrial ecosystems that mutually 20
influence each other. 21
(112) "Salmonid" means a member of the fish family Salmonidae, including: King, 22
Chinook, Coho, chum, sockeye, and pink salmon; cutthroat, brook, brown, 23
rainbow, and steelhead trout; kokanee; and native char (bull trout and 24
Dolly Varden). 25
(113) "Section 404 Permit" means a permit issued by the USACE for the placement of 26
dredge or fill material waterward of the OHWM or clearing in waters of the 27
United States, including wetlands, in accordance with 33 U.S. Code Section 1344. 28
(114) "Seismic hazard areas" means areas that are subject to severe risk of damage as a 29
result of earthquake-induced ground shaking, slope failure, settlement, or soil 30
liquefaction. 31
(115) "Shall" means a mandate; the action must be done. 32
(116) "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" 33
and "shorelands" as defined in RCW 90.58.030. 34
(117) "Shoreline Master Program" means the comprehensive use plan for a described 35
area and the use regulations together with maps, diagrams, charts, or other 36
descriptive material and text, a statement of desired goals, and standards 37
developed in accordance with the policies enunciated in RCW 90.58.020. As 38
provided in RCW 36.70A.480, the goals and policies of an SMP for a county or 39
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 168
January 2015
city approved under RCW 90.58 shall be considered an element of the county or 1
City's Comprehensive Plan. All other portions of the SMP for a county or city 2
adopted under RCW 90.58, including use regulations, shall be considered a part 3
of the county or city's development regulations. 4
(118) "Shoreline modifications" means those actions that modify the physical 5
configuration or qualities of the shoreline area, usually through the construction of 6
a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, 7
bulkhead, or other shoreline structure. They can include other actions, such as 8
clearing, grading, or application of chemicals. 9
(119) "Shoreline stabilization" means actions taken to address erosion impacts to 10
property and dwellings, businesses, or structures caused by natural processes such 11
as current, flood, wind, or wave action. These actions include structural and non-12
structural methods. Non-structural methods include building setbacks, relocation 13
of the structure to be protected, groundwater management, and planning and 14
regulatory measures to avoid the need for structural stabilization. 15
(120) "Should" means that the particular action is required unless there is a 16
demonstrated, compelling reason, based on policy of the SMA and this SMP, 17
against taking the action. 18
(121) "Significant adverse environmental impacts" (as used in SEPA) means a 19
reasonable likelihood of more than a moderate adverse impact on environmental 20
quality (WAC 197-11-794). 21
(122) "Significant vegetation removal" means the removal or alteration of trees, shrubs, 22
and/or ground cover by clearing, grading, cutting, burning, chemical means, or 23
other activity that causes significant ecological impacts on functions provided by 24
such vegetation. The removal of invasive or noxious weeds does not constitute 25
significant vegetation removal. Tree pruning, not including tree topping, where it 26
does not affect ecological functions, does not constitute significant vegetation 27
removal. 28
(123) "Site Assessment Requirements" means requirements for Critical Areas Report. 29
(124) "Snag" means the remaining trunk of a dying, diseased, or dangerous tree that is 30
reduced in height and stripped of all live branches. 31
(125) "Special flood hazard area" means an area subject to a base or 100-year flood; 32
areas of special flood hazard are shown on a flood hazard boundary map or flood 33
insurance rate map as Zone A, AO, A1-30, AE, A99, AH. 34
(126) "Species and habitats of local importance" means those species that may not be 35
endangered, threatened, or critical from a state-wide perspective, but are of local 36
concern due to their population status, sensitivity to habitat manipulation, or other 37
educational, cultural, or historic attributes. These species may be priority habitats, 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 169
January 2015
priority species, and those habitats and species identified in the critical areas code 1
as having local importance (e.g., elk). 2
(127) "Species, threatened and endangered" means those native species that are listed by 3
WDFW pursuant to RCW 77.12.070 as threatened (WAC 232-12-011) or 4
endangered (WAC 232-12-014), or that are listed as threatened or endangered 5
under the Federal Endangered Species Act (16 United States Code 1533). 6
(128) "Start of construction" means and includes substantial improvement and means 7
the date the building permit was issued, provided the actual start of construction, 8
repair, reconstruction, placement, or other improvement was within 180 days of 9
the permit issuance date. For cumulative tracking, the permit may extend beyond 10
the specified time frame to the time of permit completion. The actual start means 11
either the first placement of permanent construction of a structure on a site such as 12
the pouring of slab or footings, the installation of piles, the construction of 13
columns, or any work beyond the stage of excavation, or the placement of a 14
manufactured home on a foundation. Permanent construction does not include 15
land preparation, such as clearing, grading, and filling, nor does it include the 16
installation of streets and/or walkways, nor does it include excavation for a 17
basement, footings, piers, or foundation or the erection of temporary forms, nor 18
does it include the installation on the property of accessory buildings such as 19
garages or sheds not occupied as dwelling units or not part of the main structure. 20
For a substantial improvement, the actual start of construction means the first 21
alteration of any wall, ceiling, floor, or other structural part of a building, whether 22
or not that alteration affects the external dimensions of the building. 23
(129) "Steep slopes" means those slopes (excluding City-approved geotechnical 24
engineered slopes) 40% or steeper within a vertical elevation change of at least 10 25
feet. A slope is defined by establishing its toe and top and is measured by 26
averaging the inclination over at least 10 feet of vertical relief. 27
(130) "Stream" means any portion of a channel, bed, bank, or bottom waterward of the 28
OHWM of waters of the state, including areas in which fish may spawn, reside, or 29
pass, and tributary waters with defined bed or banks, which influence the quality 30
of fish habitat downstream. This includes watercourses that flow on an 31
intermittent basis or fluctuate in level during the year and applies to the entire bed 32
of such watercourse whether or not the water is at peak level. This definition does 33
not include irrigation ditches, canals, stormwater runoff devices, or other entirely 34
artificial watercourses, except where they exist in a natural watercourse that has 35
been altered by humans. 36
(131) "Structure" means a permanent or temporary edifice or building, or any piece of 37
work artificially built or comprising parts joined together in some definite 38
manner, whether installed on, above, or below the surface of the ground or water. 39
(132) "Substantial damage" means damage of any origin, including intentional and 40
unintentional demolition, sustained by a structure whereby the cost of restoring 41
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 170
January 2015
the structure to its before-damaged condition would equal or exceed 50% of the 1
assessed value of the structure before the damage occurred. 2
(133) "Substantial improvement" means any rehabilitation, repair, reconstruction, 3
addition, or other improvement of a building when the cost of the improvement 4
equals or exceeds 50% of the market value of the building before start of 5
construction of the improvement. The term includes buildings that have incurred 6
substantial damage or damage of any origin sustained by a building when the cost 7
of restoring the building to its pre-damaged condition would equal or exceed 50% 8
of the market value before the damage occurred. Substantial improvement does 9
not include any project for improvement of a structure to correct existing 10
violations of state or local health, sanitary, or safety code specifications, which 11
have been identified by the local code enforcement official and are the minimum 12
necessary to ensure safe living conditions or any alteration of a historic structure, 13
provided that the alteration will not preclude the structure’s continued designation 14
as a historic structure. 15
(134) "Substantially degrade" means to cause significant ecological impact. 16
(135) "Thinning" means the evenly spaced non-commercial removal of up to 40% of 17
trees and woody shrubs. 18
(136) "Topping" means the severing of main trunks or stems of vegetation at any place 19
above 25% of the vegetation height. 20
(137) "Transportation facilities" are those structures and developments that provide for 21
the movement of people, goods, and services. These include roads and highways, 22
railroad facilities, bridges, parking facilities, bicycle paths, trails, and other related 23
facilities. 24
(138) "Tree removal" means the removal of a tree, through either direct or indirect 25
actions, including, but not limited to: (a) clearing, damaging or poisoning 26
resulting in an unhealthy or dead tree; (b) removal of at least half of the live 27
crown; or (c) damage to roots or trunk that is likely to destroy the tree's structural 28
integrity. 29
(139) "Trees" means any living woody plant characterized by one main stem or trunk 30
and many branches and having a diameter of four inches or more measured 31
24 inches above ground level. 32
(140) "Unavoidable" means adverse impacts that remain after all appropriate and 33
practicable avoidance and minimization have been achieved. 34
(141) "Utility" means a service and/or facility that produces, transmits, carries, stores, 35
processes, or disposes of electrical power, gas, potable water, stormwater, 36
communications (including, but not limited to, telephone and cable), sewage, oil, 37
and the like. 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 171
January 2015
(142) "Vegetation" means plant life growing below, at, and above the soil surface. 1
(143) "Vegetation alteration" means any clearing, grading, cutting, topping, limbing, or 2
pruning of vegetation. 3
(144) "Water-dependent use" means a use or portion of a use that cannot exist in a 4
location that is not adjacent to the water and that is dependent on the water by 5
reason of the intrinsic nature of its operations. 6
(145) "Water-enjoyment use" means a recreational use or other use that facilitates 7
public access to the shoreline as a primary characteristic of the use or a use that 8
provides for recreational use or aesthetic enjoyment of the shoreline for a 9
substantial number of people as a general characteristic of the use, and which 10
through location, design, and operation ensures the public's ability to enjoy the 11
physical and aesthetic qualities of the shoreline. In order to qualify as a 12
water-enjoyment use, the use must be open to the general public and the 13
shoreline-oriented space within. The project must be devoted to the specific 14
aspects of the use that fosters shoreline enjoyment. 15
(146) "Water-oriented use" means a use that is water-dependent, water-related, or 16
water-enjoyment, or a combination of such uses. 17
(147) "Water quality" means the physical characteristics of water within shoreline 18
jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, 19
recreation-related, and biological characteristics. Where used in this SMP, the 20
term water quantity refers only to development and uses regulated under this 21
chapter and affecting water quantity such as impermeable surfaces and 22
stormwater handling practices. Water quantity, for purposes of this chapter, does 23
not mean the withdrawal of groundwater or diversion of surface water pursuant to 24
RCW 90.03.250 through 90.03.340. 25
(148) "Water-related use" means a use or portion of a use, which is not intrinsically 26
dependent on a waterfront location but whose economic viability is dependent 27
upon a waterfront location because: 28
(a) The use has a functional requirement for a waterfront location such as the 29
arrival or shipment of materials by water or the need for large quantities of 30
water; or 31
(b) The use provides a necessary service supportive of the water-dependent 32
uses and the proximity of the use to its customers makes its services less 33
expensive and/or more convenient. 34
(149) "Water resources inventory area" means one of 62 watersheds in the State of 35
Washington, each comprising drainage areas of a stream or streams, as 36
established in WAC 173-500 as it existed on January 1, 1997. 37
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 172
January 2015
(150) "Weir" means a structure generally built perpendicular to the shoreline for the 1
purpose of diverting water or trapping sediment or other moving objects 2
transported by water. 3
(151) "Wetlands" are areas that are inundated or saturated by surface or groundwater at 4
a frequency and duration sufficient to support and that under normal 5
circumstances do support a prevalence of vegetation typically adapted for life in 6
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and 7
similar areas. Wetlands do not include those artificial wetlands intentionally 8
created from non-wetland sites, including, but not limited to, irrigation and 9
drainage ditches, grass-lined swales, canals, detention facilities, wastewater 10
treatment facilities, farm ponds, and landscape amenities, or those wetlands 11
created after July 1, 1990, that were unintentionally created as a result of the 12
construction of a road, street, or highway. Wetlands may include those artificial 13
wetlands intentionally created from non-wetland areas to mitigate the conversion 14
of wetlands. 15
(152) "Wetland categories:" 16
(a) Category I. Wetlands are: 1) alkali wetlands; 2) wetlands that are 17
identified by scientists of the Washington Natural Heritage 18
Program/WDNR as high quality wetlands; 3) bogs; 4) mature and 19
old growth forested wetlands over 1/4 acre with slow-growing trees; 5) 20
forests with stands of aspen; and 6) wetlands that perform many functions 21
very well . 22
(b) Category II. These wetlands are those that: 1) forested wetlands in the 23
floodplains of rivers; 2) mature and old-growth forested wetlands over 1/4 24
acre with fast- growing trees; 3) vernal pools; and 4) wetlands that 25
perform functions well. These wetlands are difficult, though not 26
impossible, to replace, and provide high levels of some functions. 27
(c) Category III. 1) Forested wetlands in the floodplains of rivers; 2) mature 28
and old-growth forested wetlands over 1/4 acre with fast-growing trees; 3) 29
vernal pools; and 4) wetlands that perform functions well. These wetlands 30
are difficult, though not impossible, to replace, and provide high levels of 31
some functions. 32
(d) Category IV. Category IV wetlands have the lowest level of functions and 33
are often heavily disturbed. These are wetlands that could be replaced, and 34
in some cases improved. However, experience has shown that replacement 35
cannot be guaranteed in any specific case. These wetlands may provide 36
some important functions and also need to be protected. 37
29.01.870 Shoreline Environment Designation Maps or Official Shoreline Map 38
City of Pasco Shoreline Master Program Draft
Anchor QEA/Oneza & Associates 173
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IIIIIII
IIIIIII
I
I
I
I
I
I
I
IIIIIII
Pasco
Richland
C
o
l
u
m
b
i
a
R
i
v
e
r
/
L
a
k
e
W
a
l
l
u
l
a
Y
a
k
i
m
a
R
i
v
e
r
S
u
b
r
e
a
c
h
1
d
Subreac
h
1
e
Re
a
c
h
2
S
u
b
r
e
a
c
h
1
c
S
u
b
r
e
a
c
h
1
b
S
u
b
-
r
e
a
c
h
1
a
Map 1
Subreach 1a - Reach 2
City of Pasco Environment Designations
City of Pasco, WA00.5 1
Miles
Q:
\
J
o
b
s
\
1
3
1
0
5
0
-
0
1
.
0
1
_
C
i
t
y
_
o
f
_
P
a
s
c
o
_
S
M
P
\
M
a
p
s
\
E
n
v
i
r
o
n
m
e
n
t
D
e
s
g
i
n
a
t
i
o
n
s
\
C
i
t
y
_
o
f
_
P
a
s
c
o
_
E
n
v
i
r
o
n
m
e
n
t
_
D
e
s
i
g
n
a
t
i
o
n
s
.
m
x
d
l
h
u
d
s
o
n
1
2
/
2
3
/
2
0
1
4
7
:
5
4
:
1
6
A
M
[
DRAFT
Pasco
§¨¦82
Franklin
Benton Walla
Walla
LEGEND
I Reach Break
Incorporated City of Pasco
Urban Growth Area
County Boundary
SMA Jurisdiction
Environment Designation
Natural
Recreation
Shoreline Residential
Urban Conservancy
NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013).
IIIIIII
I
I
I
I
I
I
I
IIIIIII
IIIIIII
IIIIIII
IIIIIII
IIIIIII
Kennewick
Pasco
Columbi
a
R
i
v
e
r
/
Lake Wa
l
l
u
l
a
Subreach
5a
Subreach 4b
Subreach 4a
Subreac
h
3
b
Su
b
r
e
a
c
h
3
a
Re
a
c
h
2
Map 2
Subreaches 3a - 4b
City of Pasco Environment Designations
City of Pasco, WA00.5 1
Miles
Q:
\
J
o
b
s
\
1
3
1
0
5
0
-
0
1
.
0
1
_
C
i
t
y
_
o
f
_
P
a
s
c
o
_
S
M
P
\
M
a
p
s
\
E
n
v
i
r
o
n
m
e
n
t
D
e
s
g
i
n
a
t
i
o
n
s
\
C
i
t
y
_
o
f
_
P
a
s
c
o
_
E
n
v
i
r
o
n
m
e
n
t
_
D
e
s
i
g
n
a
t
i
o
n
s
.
m
x
d
l
h
u
d
s
o
n
1
2
/
2
3
/
2
0
1
4
7
:
5
4
:
3
6
A
M
[
DRAFT
Pasco
§¨¦82
Franklin
Benton Walla
Walla
LEGEND
I Reach Break
Incorporated City of Pasco
Urban Growth Area
County Boundary
SMA Jurisdiction
Environment Designation
Natural
Public Flood Protection
Recreation
Shoreline Residential
Urban Conservancy
NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013).
I I I
I I I I I I I I
IIIIIII
IIIIIII
IIIIIII
IIIIIII
IIIIIII
IIIIIII
IIIIIII
IIIIIII
Kennewick
Pasco
Pasco
Colum
b
i
a
R
i
v
e
r
/
Lake W
a
l
l
u
l
a
Subreac
h
6
c
Subreac
h
6b
Subreac
h
6a
Sub-reach
5d
Sub-reach
5c
Subreach 5
b
Subreach
5a
Map 3
Subreaches 5a - 6c
City of Pasco Environment Designations
City of Pasco, WA00.5 1
Miles
Q:
\
J
o
b
s
\
1
3
1
0
5
0
-
0
1
.
0
1
_
C
i
t
y
_
o
f
_
P
a
s
c
o
_
S
M
P
\
M
a
p
s
\
E
n
v
i
r
o
n
m
e
n
t
D
e
s
g
i
n
a
t
i
o
n
s
\
C
i
t
y
_
o
f
_
P
a
s
c
o
_
E
n
v
i
r
o
n
m
e
n
t
_
D
e
s
i
g
n
a
t
i
o
n
s
.
m
x
d
l
h
u
d
s
o
n
1
2
/
2
3
/
2
0
1
4
7
:
5
4
:
5
3
A
M
[
DRAFT
Pasco
§¨¦82
Franklin
Benton Walla
Walla
LEGEND
I Reach Break
Incorporated City of Pasco
Urban Growth Area
County Boundary
SMA Jurisdiction
Environment Designation
High Intensity
Natural
Public Flood Protection
Recreation
Shoreline Residential
Urban Conservancy
NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013).
I I I
I I I I I I I I
IIIIIII
IIIIIII I I I I I I I
I I I IIII
Burbank
Pasco
Snake
R
i
v
e
r
/
Lake
W
a
l
l
u
l
a
Columbia River/Lake Wallula
Colum
b
i
a
R
i
v
e
r
/
Lake W
a
l
l
u
l
a
Subreac
h
6
c
Subr
e
a
c
h
8
b
Su
b
r
e
a
c
h
8a
Reach 7
Map 4
Reach 7 - Subreach 8b
City of Pasco Environment Designations
City of Pasco, WA00.5 1
Miles
Q:
\
J
o
b
s
\
1
3
1
0
5
0
-
0
1
.
0
1
_
C
i
t
y
_
o
f
_
P
a
s
c
o
_
S
M
P
\
M
a
p
s
\
E
n
v
i
r
o
n
m
e
n
t
D
e
s
g
i
n
a
t
i
o
n
s
\
C
i
t
y
_
o
f
_
P
a
s
c
o
_
E
n
v
i
r
o
n
m
e
n
t
_
D
e
s
i
g
n
a
t
i
o
n
s
.
m
x
d
l
h
u
d
s
o
n
1
2
/
2
3
/
2
0
1
4
7
:
5
5
:
0
9
A
M
[
DRAFT
Pasco
§¨¦82
Franklin
Benton Walla
Walla
LEGEND
I Reach Break
Incorporated City of Pasco
Urban Growth Area
County Boundary
SMA Jurisdiction
Environment Designation
High Intensity
Natural
Recreation
Urban Conservancy
NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013).