HomeMy WebLinkAbout4685 Ordinance - PMC Title 29 Shoreline Regulations ORDINANCE NO.4685
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE TITLE 29 SHORELINE
REGULATIONS RELATED TO THE UPDATED SHORELINE MASTER
PROGRAM.
WHEREAS, the Shoreline Management Act (SMA) is the foundation for shoreline
management in Washington State; and
WHEREAS, the purpose of the SMA is to manage the shoreline to accommodate all
reasonable and appropriate uses consistent with protecting against adverse effects to the public
health, the land and its vegetation and wildlife; and
WHEREAS, the SMA requires each town, city, and county to review, and, if necessary,
revise its Shoreline Master Program (SMP) every eight years per Revised Code of Washington
(RCW) 90.58.80; and
WHEREAS,the City of Pasco (City) SMP is a planning document that outlines the City's
shoreline goals and establishes regulations for development to ensure that all land use,
development,or other activity occurring within the designated shoreline jurisdiction is appropriate
for that area; and
WHEREAS, the City is required to complete an update of the existing SMP that is
consistent with procedural and substantive requirements of the SMA governed by RCW 90.58 and
WAC 173-26; and
WHEREAS,the City last updated their SMP in June, 2016; and
WHEREAS,the City entered into a grant contract with the Washington State Department
of Ecology effective May 10, 2022, to update and amend its Shoreline Master Program consistent
with the Shoreline Management Act and Shoreline Master Program Guidelines; and
WHEREAS, the City is completing the periodic review process to review and revise its
SMP on or before June 30, 2023, in coordination with the Washington State Department of
Ecology(Ecology); and
WHEREAS,the periodic review addresses recent changes in SMA requirements, changes
for consistency with revised comprehensive plans and regulations, and any other changes deemed
necessary to reflect changed circumstances, new information, or improved data; and
WHEREAS,the proposed changes were made available to public agencies,NGOs,tribes,
and the general public via direct email, City of Pasco web posts, Ecology website posting, and
public notice during a 30-day joint comment period from March 26 to April 25, 2023; and a 60-
day comment period was also held between February 24 and Apri125, 2023; and
Ordinance—Amending PMC Title 29 - 1
WHEREAS, comments have been indexed and addressed by staff and consultant as part
of the SMP update process; and
WHEREAS, on March 22, 2023, a Notice of Intent to Adopt Amendments 30-day
comment period and Joint Public Hearing notice and SEPA Checklist were sent to the agencies for
review(March 26, 2023 to Apri125, 2023); and
WHEREAS, on April 20, 2023, the Planning Commission held a Joint Public Hearing
with the Washington State Department of Ecology to accept public testimony on the proposed
Shoreline Master Program Update, and that meeting was duly recorded; and
WHEREAS, on May 18, 2023, the Planning Commission held a Public Meeting to
recommend the Shoreline Master Program report and ancillary documents be sent on to the
Washington State Department of Ecology for preliminary review, and that meeting was duly
recorded; and
WHEREAS, the Pasco Planning Commission voted unanimously to recommend to the
City Council approval of the Shoreline Master Plan Update; and
WHEREAS, the Update provides a document that outlines the City's amended shoreline
goals and regulations for development now and in the future; and
WHEREAS, the Update achieves the goals and requirements of the Shoreline
Management Act(RCW 90.58); and
WHEREAS, the proposal was reviewed under the State Environmental Policy Act and a
Determination of Non-Significance was issued for the proposed Shoreline Master Program Update
on June 16, 2023; and
WHEREAS, on July 13, 2023, the Washington State Deparhnent of Ecology issued an
Initial Determination of Consistency for the City of Pasco SMP update which included Findings
of Fact, which provides findings related to the City's proposed amendment, amendment history,
and the review process; and Initial Determination of the proposed amendment with next steps; and
WHEREAS, Staff amended the SMP to align with the comment provided by the
Washington State Department of Ecology; and
WHEREAS,the proposed SMP is in alignment with required and suggested amendments
provided by the Washington State Department of Ecology's Initial Determination of Consistency;
and
WHEREAS,the Pasco City Council held a public meeting on the proposed Update on July
17, 2023, at its regularly scheduled Council meeting; and
Ordinance—Amending PMC Title 29 -2
WHEREAS, the Pasco City Council accepted the recommendation of the City of Pasco
Planning Commission at its public meeting on September 5, 2023; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Shoreline Master Program Update is hereby amended as shown in
Exhibit"A" as a Shoreline Planning guide and supplement to the Comprehensive Plan;
Section 2. That Title 29 entitled"Shoreline Regulations"of the Pasco Municipal Code
is hereby amended and shall read as follows:
Title 29
SHORELINE REGULATIONS
Chapters:
29.05 Authority and Purpose.
29.10 Environment Designation.
29.15 General Regulations.
29.20 Shoreline Modifications and Use Regulations.
29.25 Critical Areas.
29.30 Existing Uses, Structures, and Lots.
29.35 Administration and Enforcement.
Chapter 29.05
AUTHORITY AND PURPOSE
Sections:
29.05.010 Authority.
29.05.020 Applicability.
29.05.030 Purpose. �
29.05.040 Relationship to other codes, ordinances, and plans.
29.05.050 Liberal construction.
29.05.060 Effective date.
29.05.070 Definitions.
29.05.010 Authority.
(1) The Shoreline Management Act (SMA) of 1971, Chapter 90.58 RCW, is the authority for
the enactment and administration of this Shoreline Master Program(SMP).
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.010.]
Ordinance—Amending PMC Title 29 -3
29.05.020 Applicability.
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dredging• drilling; dumpin�; fillin�; removal of anv sand, gravel, minerals or vegetation;
bulkheading; driving of piling; placing of obstructions; or anv project of a permanent or temporary
nature which interferes with the normal public use of the surface of the waters of the state subject
to Chapter 90.58 RCW at an�ge of water level. The following activities do not meet the
definition of development:
(a) Interior building improvements;
�b) Routine landsc�e maintenance of established, ornamental landscaping, such as
lawn mowin�pruning and weedin�
(c) Routine cleaning of the following existin� facilities that does not expand the
affected area: septic tanks, wells, and individual utilitv service connections;
�d) Dismantlin� or removin� structures if there is no other associated development or
redevelopment;
�e) Pursuant to RCW 90.58.355, an�person conductin� a remedial action at a facilitv
pursuant to a consent decree, order, or agreed order issued pursuant to RCW 70A.305, or
to Ecology when it conducts a remedial action under RCW 70A.305;
(fl Pursuant to RCW 90.58.355, any person installing site improvements for storm
water treatment in an existing boatyard facility to meet requirements of a national pollutant
dischar�e elimination s�stem storm water eg neral permit;
(g) Washin�ton State De��artment of Trans�ortation projects and activities meetin�the
conditions of RCW 90.58.356•
(h) Projects consistent with an environmental excellence pro,�am agreement pursuant
to RCW 90.58.045 and RCW 43.21K;
�i) Projects authorized through the Energy Facility Site Evaluation Council process,
pursuant to RCW 80.50; and
�) Areas and uses in those areas that are under exclusive federal jurisdiction as
established through federal or state statutes are not sub,�ect to the jurisdiction of RCW
90.58.
This SMP shall apply to all of the shoreline areas, waters, and critical areas within the
shoreline jurisdiction of the City as described in SMP Section I, Shoreline Goals and Policies,
Profile of the Shoreline Jurisdiction, within the City limits of the City of Pasco.
Ordinance—Amending PMC Title 29 -4
(�}� All proposed uses, activities, or development occurring within shoreline jurisdiction must
conform to the intent and requirernents of Chapter 90.58 RCW, the SMA, and this SMP whether
or not a permit or other form of authorization is required. See SMP Shoreline Goals and Policies
section for the shoreline jurisdiction description and Chapter 29.35 PMC for the definition of uses,
activities, and development.
(�}�4,� The SMP applies to shoreline jurisdiction within the City limits; this SMP will not apply
to shorelines in the urban growth areas (UGAs) until the annexation of the UGA to the City is
finalized.
{��5,� Pursuant to WAC 173-27-060, federal agency activities may be required by other federal
laws to meet the permitting requirements of Chapter 90.58 RCW. This SMP shall apply to all
nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal
ownership, lease, or easement, even though such lands may fall within the external boundaries of
federal ownership.
(�-�� As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty rights
of Native American tribes.
{{�� Maps indicating the extent of shoreline jurisdiction and shoreline designations are guidance
only. They are to be used in conjunction with the most current scientific and technical information
available, field investigations, and on-site surveys to accurately establish the location and extent
of shoreline jurisdiction when a project is proposed. All areas meeting the definition of a shoreline
of the state or a Shoreline of Statewide Significance, whether mapped or not, are subject to the
provisions of this SMP.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.020.]
29.05.030 Purpose.
The purposes of this SMP are:
(1) To promote the public health, safety, and general welfare of the City by providing
comprehensive policies and effective,reasonable regulations for development,use, and protection
of jurisdictional shorelines;
(2) To further assume and carry out the local government responsibilities established by the
SMA in RCW 90.58.050, including planning and administering the regulatory program consistent
with the policy and provisions of the SMA in RCW 90.58.020;
(3) To provide a high-quality shoreline environment where:
(a) Recreational opportunities are abundant;
(b) The public enjoys access to and views of shoreline areas;
Ordinance—Amending PMC Title 29-5
(c) Natural systems are preserved, restored, or enhanced;
(d) Ecological functions of the shoreline are maintained and improved over time;
(e) Water-oriented uses are promoted consistent with the shoreline character and
environmental functions; and
(4) To apply special conditions to those uses that are not consistent with the control of pollution
and prevention of damage to the natural environment, or that are not unique to or dependent on
use of the state's shoreline; and
(5) To ensure no net loss of ecological functions associated with the shoreline.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.030.]
29.05.040 Relationship to other codes, ordinances, and plans.
(1) All applicable federal, state, and local laws shall apply to properties in the shoreline
jurisdiction. Where this SMP makes reference to any RCW,WAC, or other state or federal law or
regulation, the most recent amendment or current edition shall apply.
(2) In the event provisions of this SMP conflict with provisions of federal, state, or city
regulations, the provision that is most protective of shoreline resources shall prevail. It is
understood that the provisions of this SMP may not allow development to occur at what otherwise
might be the property's full zoning potential.
(a) Local plans or programs include,but are not limited to:
(i) Chapter 24.20 PMC, Provisions for Flood Hazard Protection;
(ii) PMC Title 23, Environmental Impact;
(iii) PMC Title 25, Zoning.
(b) State and federal programs include,but are not limited to:
(i) Washington State Hydraulic Project Permits (HPA);
(ii) Washington State Pesticide Applicator License Requirements;
(iii) Washington State Waste Discharge Permits;
(iv) Washington State Water Quality Certification Requirements (401);
(v) USACE (US Army Corps of Engineers) 404 Permits and Section 10
Permits.
Ordinance—Amending PMC Title 29-6
(3) The policies in the SMP, contained in the SMP elements, state those underlying objectives
that the regulations are intended to accomplish. The policies guide the interpretation and
enforcement of the SMP regulations contained in this title. The policies are not regulations in
themselves and, therefore, do not impose requirements beyond those set forth in the regulations.
(4) This SMP contains critical area regulations in Chapter 29.25 PMC, applicable only in
shoreline jurisdictions that provide a level of protection to critical areas assuring no net loss of
shoreline ecological functions necessary to sustain shoreline natural resources(RCW 36.70A.480).
In the event of a conflict between the requirements of this title and any other code or ordinance of
the City, the regulation that provides the greater protection for the particular critical area within
shoreline jurisdiction shall apply.
(5) Projects in the shoreline jurisdiction that have either been deemed technically complete
through the application process or have been approved through local and state reviews prior to the
adoption of this SMP are considered accepted. Major changes or new phases of projects that were
not included in the originally approved plan will be subject to the policies and regulations of this
SMP.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.040.]
29.05.050 Liberal construction.
(1) According to RCW 90.58.900, SMA is exempted from the rule of strict construction, and
it shall be liberally construed to give full effect to the objectives and purposes for which it was
enacted. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.050.]
29.05.060 Effective date.
(1) The SMP is hereby adopted on �epte,2�h�z�� 1 y. ?t)?i. This SMP and all
amendments thereto shall become effective 14 days after final approval and adoption by the
Department of Ecology. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.070.]
29.05.070 Definitions.
"Act"means the Washington State Shoreline Management Act(SMA), Chapter 90.58 RCW.
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"Additions" means improvements to an existing building or structure, the cost of which does not
exceed 50 percent of the assessed value of the total structure or result in an increase greater than
25 percent of the building footprint (up to a maximum of 500 square feet) before the addition is
started. Additions must share a common wall (one full side)with the original structure.
Ordinance—Amending PMC Title 29 -7
"Adjacent," for purposes of applying Chapter 29.25 PMC, Critical Areas, means immediately
adjoining (in contact with the boundary of the influence area) or within a distance less than that
needed to separate activities from critical areas to ensure protection of the functions and values of
the critical areas. Adjacent shall mean any activity or development located:
(a) On site immediately adjoining a critical area; or
(b) A distance equal to or less than the required critical area buffer width and building
setback.
"Agricultural activities" means agricultural uses and practices, including but not limited to:
producing,breeding, or increasing agricultural products;rotating and changing agricultural crops;
allowing land used for agricultural activities to lie fallow, in which it is plowed and tilled but left
unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse
agricultural market conditions;allowing land used for agricultural activities to lie dormant because
the land is enrolled in a local, state, or federal conservation program, or the land is subject to a
conservation easement; conducting agricultural operations; maintaining, repairing, and replacing
agricultural equipment;maintaining,repairing, and replacing agricultural facilities; provided, that
the replacement facility is no closer to the shoreline than the original facility; and maintaining
agricultural lands under production or cultivation. Also see definition of "New agricultural
activities"below.
"Agricultural equipment" includes, but is not limited to, the following used in agricultural
operations:
(a) Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland
finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and
facilities including,but not limited to, pumps,pipes, taps, canals, ditches, and drains;
(b) Corridors and facilities for transporting personnel, livestock, and equipment to,
from, and within agricultural lands;
(c) Farm residences and associated equipment, lands, and facilities; and
(d) Roadside stands and on-farm markets for marketing fruit or vegetables.
Agricultural facilities. See "Agricultural equipment."
"Agricultural land" means those specific land areas on which agriculture activities are conducted
as of the date of adoption of a local Shoreline Master Program(SMP)pursuant to these guidelines
as evidenced by aerial photography or other documentation. After the effective date of the SMP,
land converted to agricultural use is subject to compliance with the requirements of the SMP.
"Agricultural products" includes but is not limited to horticultural, viticultural, floricultural, and
vegetable, fruit,berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage
for livestock; Christmas trees;hybrid cottonwood and similar hardwood trees grown as crops and
Ordinance—Amending PMC Title 29 - 8
harvested within 20 years of planting; and livestock, including both the animals themselves and
animal products, including but not limited to meat, upland finfish, poultry and poultry products,
and dairy products.
"Alteration," for purposes of applying Chapter 29.25 PMC, Critical Areas, means any human-
induced change in an existing condition of a critical area or its buffer. Alterations include grading,
filling, dredging, channelizing, clearing (vegetation), applying pesticides, discharging waste,
construction,compaction,excavation,modifying for storm water management,relocating,or other
activities that change the existing landform, vegetation, hydrology, wildlife, or habitat value of
critical areas.
"Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing
SMP.
"Applicant"means a person who files an application for a permit under this SMP and who is either
the owner of the land on which that proposed activity would be located, a contract purchaser, or
the authorized agent of such person.
"Approval" means an official action by a local government legislative body agreeing to submit a
proposed SMP or amendments to Washington State Department of Ecology for review and official
action pursuant to this SMP or an official action by Washington State Department of Ecology to
make a local government SMP effective, thereby incorporating the approved SMP or amendment
into the SMP.
"Aquaculture"means the culture or farming of fish or other aquatic plants and animals.
"Aquifer recharge area"means an area through which precipitation and surface water infiltrate the
soil and are transmitted through rocks and soil to create groundwater storage. They are also areas
where an aquifer that is a source of drinking water is vulnerable to contamination that would affect
the potability of water.
"Area of influence" encompasses an area that is two and one-half times the height of a slope. The
area of influence applies to areas that have geologically hazardous attributes consistent with an
"erosion" or "landslide hazard area" as defined in this section, and PMC 29.25.070, Geological
hazard areas. This mapped area surrounds the hazard area from all points for a distance of two and
one-half times the height of the applicable slope. An area with a 15 percent slope or greater as its
only attribute does not have an area of influence.
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Ordinance—Amending PMC Title 29-9
"Assessed value"means assessed valuation shall be as established by the County assessor's office,
unless otherwise provided by a market appraisal institute appraisal.
"Associated wetlands" are those wetlands that are in proximity to and either influence or are
influenced by a stream subject to the SMA.
"Average grade level" means the average of the natural or existing topography of the portion of
the lot,parcel,or tract of real property that will be directly under the proposed building or structure.
In the case of structures to be built over water, average grade level shall be the elevation of the
ordinary high water mark (OHWM). Calculation of the average grade level shall be made by
averaging the ground elevations at the midpoint of all exterior walls of the proposed building or
structure.
"Base flood"means a flood having a one percent chance of being equaled or exceeded in any given
year. Also referred to as the "100-year flood."Designated on FIRM with the letters A or V.
"Base flood elevation" means the water surface elevation of the base flood. It shall be referenced
to the North American Vertical Datum of 1988.
"Basement" means any area of a building having its floor subgrade (below ground level) on all
sides.
"Best management practices (BMPs)" means conservation practices or systems of practice and
management measures that:
(a) Control soil loss and reduce water quality degradation caused by high
concentrations of nutrients, animal waste, toxics, and sediment;
(b) Minimize adverse impacts on surface water and groundwater flow and circulation
patterns, and the chemical,physical, and biological characteristics of wetlands;
(c) Protect trees and vegetation designated to be retained during and following site
construction; and
(d) Provide standards for proper use of chemical herbicides within critical areas.
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Ordinance—Amending PMC Title 29 - 10
"Boating facilities" allowed in the City include boat launches and upland boat storage, marinas,
and other boat moorage structures or uses.For the purposes of this SMP,boating facilities excludes
docks serving four or fewer single-family residences.
"Breakwater"means an offshore structure whose primary purpose is to protect harbors,moorages,
and navigation activity from wave and wind action by creating stillwater areas along shore. A
secondary purpose is to protect shorelines from wave-caused erosion. Breakwaters are generally
built parallel to shore,may or may not be connected to land, and may be floating or stationary.
"Buffer, critical areas," means an area which provides the margin of safety through protection of
slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to
minimize risk to the public from loss of life or well-being or property damage resulting from
natural disasters, or an area which is an integral part of a stream or wetland ecosystem and which
provides shading, input of organic debris and coarse sediments, room for variation in stream or
wetland boundaries,habitat for wildlife and protection from harmful intrusion necessary to protect
the public from losses suffered when the functions and values of aquatic resources are degraded.
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"Clearing" means the cutting, killing, grubbing, or removing of vegetation or other organic
material by physical, mechanical, chemical, or any other similar means.
"Cluster"means a group of three or more significant trees with overlapping or touching crowns.
"Community access" means a shoreline access available to a group or community (e.g.,
homeowners association), which may not be accessible to general public.
"Compensation project" means actions specifically designed to replace project induced critical
area and buffer losses. Compensation project design elements may include land acquisition,
planning, construction plans, monitoring, and contingency actions.
"Compensatory mitigation" means types of mitigation used to replace project-induced critical
areas and buffer losses or impacts.
"Critical aquifer recharge area"means those areas that are:
(a) Designated as wellhead protection areas pursuant to the WAC 246-290-135(4) and
the groundwater contribution area in WAC 246-291-100(2)(e). Wellhead protection areas
shall, for the purpose of this regulation, include the identified recharge areas associated
with either Group A public water supply wells and those Group B wells with a wellhead
protection plan filed with the Franklin County Health District; and
(b) Identified in the Soil Survey of Pasco as having high potential for aquifer recharge,
including those soil types identified by the Shoreline Administrator.
Ordinance—Amending PMC Title 29- 11
"Crown"means the area of a tree containing leaf- or needle-bearing branches.
"Cultural and historic resources" means buildings, sites and areas having archaeological, historic,
cultural, or scientific value or significance.
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"Development" means a use consisting of: the construction or exterior alteration of structures;
dredging;drilling;dumping;filling;removal of any sand,gravel,or minerals;bulkheading;driving
of piling; placing of obstructions; or any project of a permanent or temporary nature, which
interferes with the normal public use of the surface of the waters overlying lands subject to the
SMA at any stage of water level. '�I�><<<�?��pn�e����� � ��t��. � � � � �>> �,� 1���� in�
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"Development permit" means any permit issued by the City or other authorized agency for
construction, land use, or the alteration of land.
"Dock"means, as a general term, a structure or group of structures that provides boat moorage or
other uses. A dock may be made up of piers(which are structures on fixed piles) and floats(which
float on the water's surface and are typically attached to piles so that they may rise and fall with
changes in the water's elevation).
"Dredging"means the removal of sediments from the bed of a water body by mechanical means.
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"Ecosystem-wide processes" means the suite of naturally occurring physical and geologic
processes of erosion, transport, and deposition, and specific chemical processes that shape
landforms within a specific shoreline ecosystem and determine the types of habitat and the
associated ecological functions.
"Erosion"means the detachment and movement of soil or rock by water, wind, ice, or gravity.
"Erosion hazard area" means those areas that, because of natural characteristics, including
vegetative cover, soil texture, slope gradient, rainfall patterns, or human-induced changes to such
characteristics,.are vulnerable to erosion.
"Feasible" means, for the purpose of this SMP, that an action, such as a development project,
mitigation, or preservation requirement, meets all of the following conditions:
Ordinance-Amending PMC Title 29- 12
(a) the action can be accomplished with technologies and methods that have been used
in the past in similar circumstances, or studies or tests have demonstrated in similar
circumstances that such approaches are currently available and likely to achieve the
intended results;
(b) the action provides a reasonable likelihood of achieving its intended purpose; and
(c) the action does not physically preclude achieving the project's primary intended
legal use. In cases where these guidelines require certain actions unless they are infeasible,
the burden of proving infeasibility is on the applicant. In determining an action's
infeasibility,the reviewing agency may weigh the action's relative public costs and public
benefits, considered in the short- and long-term time frames.
"Federal Emergency Management Agency (FEMA)" means the agency that oversees the
administration of the National Flood Insurance Program (44 CFR).
"Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands or on shoreline areas in a manner that
raises the elevation or creates dry land.
"Fish and wildlife habitat conservation areas" means areas necessary for maintaining species in
suitable habitats within their natural geographic distribution so that isolated subpopulations are not
created as designated by WAC 365-190-080(5). These areas include:
(a) Areas within which state and federal endangered and threatened species exist, or
state sensitive, candidate, and monitor species have a primary association;
(b) Priority habitat and species areas identified by the Washington Deparhnent of Fish
and Wildlife (WDFW);
(c) Habitats and species of local importance that have been designated by the City at
the time of application;
(d) Naturally occurring ponds less than 20 acres and their submerged aquatic beds that
provide fish or wildlife habitat. These do not include ponds deliberately designed and
created from dry sites such as canals, detention facilities, wastewater treatment facilities,
farm ponds,temporary construction ponds of less than three years' duration,and landscape
amenities. Naturally occurring ponds may include those artificial ponds intentionally
created from dry areas in order to mitigate conversion of ponds,if permitted by a regulatory
authority;
(e) Waters of the state as defined by Chapter 222-16 WAC;
(fl Lakes, ponds, streams, and rivers planted with game fish by a governmental or
tribal entity;
Ordinance—Amending PMC Title 29 - 13
(g) Areas with which anadromous fish species have a primary association; and
(h) State natural area preserves and natural resources conservation areas.
"Flood" or "flooding" mean a general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland waters and/or the unusual and rapid
accumulation of runoff or surface waters from any source.
"Flood hazard area" means any area subject to inundation by the base flood or risk from channel
migration, including,but not limited to, an aquatic area, wetland, or closed depression.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the City.
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"Flood protection elevation" means an elevation that is one foot or more above the base flood
elevation.
"Floodplain" is synonymous with 100-year floodplain and means that land area susceptible to
inundation with a one percent chance of being equaled or exceeded in any given year. The limit of
this area shall be based on flood ordinance regulation maps or a reasonable method which meets
the objectives of the SMA.
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"Floodway"means the area.,as identified in a master program,that has been established in a federal
emergenc��ement a encv flood insurance rate maps or flood���av maps.
"Functions" and"values," for purposes of applying Chapter 29.25 PMC, Critical Areas, mean the
beneficial roles served by critical areas, including,but not limited to, water quality protection and
enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and
Ordinance—Amending PMC Title 29- 14
attenuation, groundwater recharge and discharge, erosion control, and recreation. Functions and
values may be considered independently, with functions being measured indicators such as water
quality,hydrologic functions,and habitat functions;and values being nonmeasured indicators such
as local importance,potential qualities, or recreational benefits.
"Geological hazard areas" means areas that, because of their susceptibility to erosion, sliding,
earthquake, or other geologic events, are not suited to the siting of commercial, residential, or
industrial development consistent with public health or safety concerns. Geological hazard areas
include erosion hazards, landslide hazards, mine hazards, and seismic hazards, as defined herein
and specified in PMC 29.25.070.
"Geotechnical report"or"geotechnical analysis"means a scientific study or evaluation conducted
by a qualified expert that includes a description of the ground and surface hydrology and'geology,
the affected landform and its susceptibility to mass wasting, erosion, and other geologic hazards
or processes, conclusions and recommendations regarding the effect of the proposed development
on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures to mitigate
potential site-specific and cumulative geological and hydrological impacts of the proposed
development, including the potential adverse impacts on adjacent and down-current properties.
Geotechnical reports shall conform to accepted technical standards and must be prepared by
qualified professional engineers or geologists who have professional expertise about the regional
and local shoreline geology and processes.
"Grading" means stripping, cutting, filling, or stockpiling of land, including the land in its cut or
filled condition to create new grade.
"Groin" means a barrier type of structure extending from the stream bank into a water body for
the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of
water or deposition of materials.
"Ground cover"means all types of vegetation other than trees.
"Guidelines"means those standards adopted by the department to implement the policy of Chapter
90.58 RCW for regulation of use of the shorelines of the state prior to adoption of SMPs. Such
standards shall also provide criteria for local governments and the department in developing and
amending SMPs.
"Hazard areas"means areas designated as frequently flooded or geologically hazardous areas due
to potential for erosion, landslide, seismic activity,mine collapse, or other geologically hazardous
conditions, including steep slopes.
"Hazardous substance(s)"means:
(a) A hazardous substance as defined by Section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act; any substance designated
pursuant to Section 311(b)(2)(A) of the Clean Water Act (CWA); any hazardous waste
Ordinance—Amending PMC Title 29 - 15
having the characteristics identified under or listed pursuant to Section 3001 of the Solid
Waste Disposal Act (but not including any waste the regulation of which under the Solid
Waste Disposal Act has been suspended by Act of Congress); any toxic pollutant listed
under Section 307(a) of the CWA; or any imminently hazardous chemical substance or
mixture with respect to which the United States Environmental Protection Agency has
taken action pursuant to Section 7 of the Toxic Substances Control Act; and
(b) Hazardous substances that include any liquid, solid, gas, or sludge, including any
material, substance,product, commodity, or waste,regardless of quantity,that exhibit any
of the physical, chemical, or biological properties described in WAC 173-303-090, 173-
303-102, or 173-303-103.
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"High-intensity land use" means land uses consisting of commercial, urban, industrial,
institutional, retail, residential with more than one unit per acre, agricultural (dairies, nurseries,
raising and harvesting crops, requiring annual tilling, and raising and maintaining animals), high-
intensity recreation(golf courses,ball fields), and hobby farms.
"Hydraulic project approval (HPA)"means a permit issued by WDFW for modification to waters
of the state in accordance with Chapter 75.20 RCW.
"Impervious surface area"means a hard surface area,which either prevents or retards the entry of
water into the soil mantle as under natural conditions prior to development. Impervious surface
shall also include a hard surface area,which causes water to run off the surface in greater quantities
or at an increased rate of flow from the flow present under natural conditions prior to development.
Common impervious surfaces include rooftops, walkways, patios, driveways, parking lots or
storage areas, concrete or asphalt paving, gravel roads with compacted subgrade, packed earthen
materials, and oiled,macadam or other surfaces,which similarly impede the natural infiltration of
storm water. Open, uncovered retention/detention facilities shall not be considered as impervious
surfaces.
"In-stream structures" function for the impoundment, diversion, or use of water for hydroelectric
generation and transmission (including public and private facilities), flood control, irrigation,
water supply(domestic and industrial),recreation, or fisheries enhancement.
"Invasive, nonnative vegetation species" means the plants listed for Eastern Washington in
Washington State Noxious Weed Board Publication No. 820-264E (N/6/09), or the latest version
of this document.
"Isolated wetland"means those wetlands and their buffers that are outside of the following critical
areas and their buffers, where applicable: 100-year floodplain, lake, river, stream, or wetland.
Isolated wetlands have no contiguous hydric soil or hydrophytic vegetation between the wetland
and any surface water.
Ordinance-Amending PMC Title 29 - 16
"Landslide" means downslope movement of a mass of soil, rock, snow or ice, including, but not
limited to,rock falls, slumps,mudflows, debris flows, torrents, earth flows, and snow avalanches.
"Landslide hazard areas" means those areas potentially subject to landslides based on a
combination of geologic, topographic, and hydrologic factors.
"Low-intensity land use" includes forestry and open space (such as passive recreation and natural
resources preservation).
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"May"means the action is acceptable,provided it conforms to the provisions of this SMP.
"Mitigation sequencing"means the process of avoiding,reducing,or compensating for the adverse
environmental impact(s) of a proposal, including the following actions, listed in the order of
preference, the first being the most preferred:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Where impact on critical areas or their buffers will not be avoided, demonstrating
that the impact meets the criteria for granting a shoreline variance permit or other
administratively approved alteration;
(c) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
(d) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
(e) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
(fl Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
(g) Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
Ordinance—Amending PMC Title 29 - 17
"Mixed-use" or"mixed-use development"means a combination of uses within the same building
or site as a part of an integrated development project with functional interrelationships and
coherent physical design that includes a mix of water-oriented and nonwater-oriented uses.
"Moderate-intensity land use" includes residential at a density of one unit per acre or less,
moderate-intensity open space (parks), and agriculture (moderate-intensity land uses such as
orchards and hay fields).
"Monitoring" means the collection of data by various methods for the purpose of understanding
natural systems and features, evaluating the impact of development proposals on such systems,
and/or assessing the performance of mitigation measures imposed as conditions of development.
"Must"means a mandate; the action is required.
"Native vegetation"means plant species that are indigenous to the region.
"New agricultural activities" are activities that meet the definition of agricultural activities but are
proposed on land not in agricultural use at the adoption date of this SMP.
"New construction" means structures for which the start of construction commenced on or after
the effective date of the ordinance codified in this SMP.
'itiull��iilortliin� d����c;iopi�en�t�' ur-�riunc�nfoi-1rilri���ructure'�rueans an existi�g stlucture thal was
lawfully constructed at the time it was built but is no lon eg r fully consistent with present
reQulations such as setbacks, buffers or vards; area; bulk; height or densitv standards due to
subsequent changes to the master program.
"Nonconforming lot" means a lot that met dimensional requirements of the applicable master
pro�ram at the time of its establishment but now contains less than the required width, depth or
area due to subsequent changes to the master pro rg am.
"Nonconforming use" means an existing shoreline use that was lawfullv established prior to the
effective date of the act or the applicable master pro�ram, but which daes not conform to present
use re�ulations due to subsequent chan�es to the master pro r�
"Nonwater-oriented uses" means those uses that are not water-dependent, water-related, or water
enjoyment.
"Normal maintenance" means those usual acts that are necessary to prevent a property's decline,
lapse, or cessation from a lawfully established condition.
"Normal repair" means to restore a structure or development to a state comparable to its original
condition, including but not limited to its size, shape, configuration, location, and external
appearance, within a reasonable period after decay or partial destruction, except where repair
causes substantial adverse impacts on shoreline resources or environment. Replacement of a
structure or development may be authorized as repair where such replacement is the common
Ordinance—Amending PMC Title 29 - 18
method of repair for the type of structure or development, and the replacement structure or
development is comparable to the original structure or development, including but not limited to
its size, shape, configuration, location, and external appearance, and the replacement does not
cause substantial adverse impacts on shoreline resources or environment.
"Ordinary high water mark (OHWM)" means that mark that will be found by examining the bed
and banks and ascertaining where the presence and action of waters are so common and usual, and
so long continued in all ordinary years, as to mark upon the soil a character distinct from that of
the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may
naturally change thereafter in accordance with permits issued by a local government or the
deparhnent. Where the OHWM cannot be found, it shall be the line of inean high water. For
braided streams, the OHWM is found on the banks forming the outer limits of the depression
within which the braiding occurs.
"Practical alternative"means an alternative that is available and capable of being carried out after
taking into consideration cost, existing technology, and logistics in light of overall project
purposes, and having less impact on critical areas.
"Primitive trail" means unimproved and unpaved, but physically defined pathway for
nonmotorized movement.
"Priority habitat"means a habitat type with unique or significant value to one or more species. An
area classified and mapped as priority habitat must have one or more of the following attributes:
(a) Comparatively high fish or wildlife density;
(b) Comparatively high fish or wildlife species diversity;
(c) Fish spawning habitat;
(d) Important wildlife habitat;
(e) Important fish or wildlife seasonal range;
(fl Important fish or wildlife movement corridor;
(g) Rearing and foraging habitat;
(h) Refugia habitat;
(i) Limited availability;
(j) High vulnerability to habitat alteration; or
(k) Unique or dependent species.
Ordinance-Amending PMC Title 29 - 19
A priority habitat may be described by a unique vegetation type or by a dominant plant species
that is of primary importance to fish and wildlife. A priority habitat may also be described by a
successional stage (such as old growth and mature forests). Alternatively, a priority habitat may
consist of a specific habitat element (such as caves or snags) of key value to fish and wildlife. A
priority habitat may contain priority and/or nonpriority fish and wildlife.
"Priority species" means species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species are those that meet
any of the following criteria:
(a) Criterion 1. State-listed or state-proposed species. State-listed species are those
native fish and wildlife species legally designated as endangered (WAC 232-12-014),
threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State-proposed species
are those fish and wildlife species that will be reviewed by the WDFW(POL-M-6001) for
possible listing as endangered,threatened,or sensitive according to the process and criteria
defined in WAC 232-12-297.
(b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those
species or groups of animals susceptible to significant population declines,within a specific
area or statewide,by virtue of their inclination to congregate.
(c) Criterion 3. Species of recreational, commercial, and/or tribal importance. Native
and nonnative fish and wildlife species of recreational or commercial importance and
recognized species used for tribal ceremonial and subsistence purposes that are vulnerable
to habitat loss or degradation.
(d) CYiterion 4. Species listed under the Federal Endangered Species Act as either
proposed, threatened, or endangered.
"Provisions" means any definition, policy, goal, regulation, requirement, standard, authorization,
prohibition, guideline criteria, or environment designations.
"Public access"means physical and visual access. Public access includes the ability of the general
public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view
the water and the shoreline from adjacent locations. The following are examples of public access:
(a) Visual Access. Visual public access may consist of view corridors, viewpoints, or
other means of visual approach to public waters.
(b) Physical Access. Physical public access may consist of a dedication of land or
easement and a physical improvement in the form of a walkway, trail,bikeway,park,boat
or canoe and kayak launching ramp, dock area, view platform, or other area serving as a
means of physical approach to public waters __�______�____ _ _ __ _ _
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Ordinance—Amending PMC Title 29 -20
"Public access plan"means the City of Pasco's Rivershore Linkage and Amenity Plan adopted on
July 16, 2012.
"Public agency"means every city, county, state, or federal office, every officer, every institution,
whether educational,correctional,or other,and every department,division,board,and commission
that provides services or recommendations to the public or other such agencies.
"Public utility" means a public service corporation performing some public service subject to
special governmental regulations, or a governmental agency performing similar public services,
either of which are paid for directly by the recipients thereof. Such services shall include water
supply, electric power, gas, and transportation for persons and freight.
"Qualified professional" means a person with experience and training in the pertinent discipline,
and who is a qualified expert with expertise appropriate for the relevant critical area or shoreline
subject. A qualified professional must have obtained a B.S., B.A., or equivalent degree or
certification in biology, engineering, environmental studies, fisheries, geomorphology, landscape
architecture, forestry or related field, and two years of related work experience.
(a) A qualified professional for wildlife, habitats, or wetlands must have a degree in
biology, zoology, ecology, fisheries, or related field, and professional experience in
Washington State.
(b) A qualified professional for a geological hazard must be a professional engineer or
geologist licensed in the State of Washington.
(c) A qualified professional for critical aquifer recharge areas means a hydrogeologist,
geologist, engineer, or other scientist with experience in preparing hydrogeologic
assessments.
(d) A qualified professional with flood and channel migration zone expertise must be
a hydrologist or fluvial geomorphologist.
(e) A qualified professional for vegetation management must be a registered landscape
architect, certified arborist,biologist, or professional forester with a corresponding degree
or certification.
(� A qualified archaeologist must be a person qualified for addressing cultural and
historic resources protection and preservation,with a degree in archaeology,anthropology,
history, classics or other germane disciplines with a specialization in archaeology and/or
historic preservation and with a minimum of two years of experience in preparing cultural
resource site assessments reports.
"Recreational development" means the modification of the natural or existing environment to
accommodate commercial and public facilities designed and used to provide recreational
opportunities to the public. Commercial recreational development should be consistent with
commercial development defined herein.
Ordinance—Amending PMC Title 29-21
"Recreational vehicle" means a vehicle designed primarily for recreational camping, travel, or
seasonal use that has its own mode of power or is mounted on or towed by another vehicle,
including but not limited to travel trailers, folding camping trailers, truck campers, motor homes,
motorized boats, and multi-use vehicles or any structure inspected, approved, and designated a
recreational vehicle by and bearing the insignia of the State of Washington or any other state or
federal agency having the authority to approve recreational vehicles.
"Research and monitoring" includes activities associated with identifying data, and collecting,
monitoring, and evaluating scientific data and information to support water, fisheries, and other
ecological services management, restoration, and operational activities. Example activities that
could be included under this category include installing and operating stream and water quality
monitoring gauges, collecting fisheries data using a trap or other devices, setting up and using
equipment to collect sediment data, and other data collection activities that need to utilize the
shoreline and waters of the state to meet public objectives.
"Residential development" entails one or more buildings, structures, lots, parcels or portions
thereof that are designed,used,or intended to be used as a place of abode for human beings.These
include single-family residences, residential subdivisions, short residential subdivisions, attached
dwellings,and all accessory uses or structures normally associated with residential uses.Accessory
residential uses include garages, sheds, tennis courts, swimming pools, parking areas, fences,
cabanas, saunas, and guest cottages. Hotels,motels, dormitories, or any other type of overnight or
transient housing is excluded from the residential category and must be considered commercial
uses depending on project characteristics.
"Restore," "restoration," or "ecological restoration" means the reestablishment or upgrading of
impaired natural or enhanced ecological shoreline processes or functions. This may be
accomplished through measures, including, but not limited to, revegetation, removal of intrusive
shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a
requirement for returning the shoreline area to pre-aboriginal or pre-European settlement
conditions.
"Riparian habitat" means areas adjacent to aquatic systems with flowing water that contain
elements of aquatic and terrestrial ecosystems that mutually influence each other.
"Salmonid" means a member of the fish family Salmonidae, including: King, Chinook, Coho,
chum, sockeye, and pink salmon; cutthroat,brook,brown,rainbow, and steelhead trout; kokanee;
and native char(bull trout and Dolly Varden).
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"Seismic hazard areas" means areas that are subject to severe risk of damage as a result of
earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.
Ordinance—Amending PMC Title 29-22
"Shall" means a mandate; the action must be done.
"Shoreline areas"and"shoreline jurisdiction"means all"shorelines of the state"and"shorelands"
as defined in RCW 90.58.030.
"Shoreline Master Program" means the comprehensive use plan for a described area and the use
regulations, together with maps, diagrams, charts, or other descriptive material and text, a
statement of desired goals, and standards developed in accordance with the policies enunciated in
RCW 90.58.020. As provided in RCW 36.70A.480, the goals and policies of an SMP for a county
or city approved under Chapter 90.58 RCW shall be considered an element of the county or City's
Comprehensive Plan. All other portions of the SMP for a county or city adopted under Chapter
90.58 RCW, including use regulations, shall be considered a part of the county or city's
development regulations.
"Shoreline modifications"means those actions tliat modify the physical configuration or qualities
of the shoreline area, usually through the construction of a physical element such as a dike,
breakwater,pier,weir,dredged basin,fill,bulkhead,or other shoreline structure. They can include
other actions, such as clearing, grading, or application of chemicals.
"Shoreline stabilization"means actions taken to address erosion impacts to property and dwellings,
businesses, or structures caused by natural processes such as current, flood, wind, or wave action.
These actions include structural and nonstructural methods. Nonstructural methods include
building setbacks, relocation of the structure to be protected, groundwater management, and
planning and regulatory measures to avoid the need for structural stabilization.
"Should" means that the particular action is required unless there is a demonstrated, compelling
reason,based on policy of the SMA and this SMP, against taking the action.
"Significant adverse environmental impacts" (as used in State Environmental Policy Act [SEPA])
means a reasonable likelihood of more than a moderate adverse impact on environmental quality
(WAC 197-11-794).
"Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground
cover by clearing, grading, cutting, burning, chemical means, or other activity that causes
significant ecological impacts on functions provided by such vegetation. The removal of invasive
or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including
tree topping, where it does not affect ecological functions, does not constitute significant
vegetation removal.
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"Snag"means the remaining trunk of a dying, diseased,or dangerous tree that is reduced in height
and stripped of all live branches.
"Special flood hazard area" means an area subject to a base or 100-year flood; areas of special
flood hazard are shown on a flood hazard boundary map or flood insurance rate map as Zone A,
AO, A1-30, AE, A99, AH.
Ordinance—Amending PMC Title 29-23
"Species and habitats of local importance" means those species that may not be endangered,
threatened,or critical from a statewide perspective,but are of local concern due to their population
status, sensitivity to habitat manipulation, or other educational, cultural, or historic attributes.
These species may be priority habitats, priority species, and those habitats and species identified
in the critical areas code as having local importance(e.g., elk).
"Species, threatened and endangered" means those native species that are listed by WDFW
pursuant to RCW 77.12.070 as threatened(WAC 232-12-011)or endangered(WAC 232-12-014),
or that are listed as threatened or endangered under the Federal Endangered Species Act(16 USC
§ 1533).
"Start of construction" means and includes substantial improvement and means the date the
building permit was issued; provided, that the actual start of construction, repair, reconstruction,
placement,or other improvement was within 180 days of the permit issuance date. For cumulative
tracking,the permit may extend beyond the specified time frame to the time of permit completion.
The actual start means either the first placement of permanent construction of a structure on a site
such as the pouring of slab or footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation, or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading,
and filling, nor does it include the installation of streets and/or walkways, nor does it include
excavation for a basement, footings, piers, or foundation or the erection of temporary forms, nor
does it include the installation on the property of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
"Steep slopes"means those slopes(excluding City-approved geotechnically engineered slopes)40
percent or steeper within a vertical elevation change of at least 10 feet. A slope is defined by
establishing its toe and top and is measured by averaging the inclination over at least 10 feet of
vertical relief.
"Stream"means any portion of a channel,bed,bank,or bottom waterward of the OHWM of waters
of the state, including areas in which fish may spawn, reside, or pass, and tributary waters with
defined bed or banks, which influence the quality of fish habitat downstream. This includes
watercourses that flow on an intermittent basis or fluctuate in level during the year and applies to
the entire bed of such watercourse whether or not the water is at peak level. This definition does
not include irrigation ditches, canals, storm water runoff devices, or other entirely artificial
watercourses, except where they exist in a natural watercourse that has been altered by humans.
"Structure"means a permanent or temporary edifice or building, or any piece of work artificially
built or comprising parts joined together in some definite manner, whether installed on, above, or
below the surface of the ground or water.
"Substantial damage" means damage of any origin, including intentional and unintentional
demolition, sustained by a structure whereby the cost of restoring the structure to its before-
Ordinance—Amending PMC Title 29-24
damaged condition would equal or exceed 50 percent of the assessed value of the structure before
the damage occurred.
"Substantial improvement" means any rehabilitation, repair, reconstruction, addition, or other
improvement of a building when the cost of the improvement equals or exceeds 50 percent of the
market value of the building before start of construction of the improvement. The term includes
buildings that have incurred substantial damage or damage of any origin sustained by a building
when the cost of restoring the building to its pre-damaged condition would equal or exceed 50
percent of the market value before the damage occurred. Substantial improvement does not include
any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications, which have been identified by the local code enforcement
official and are the minimum necessary to ensure safe living conditions or any alteration of a
historic structure; provided, that the alteration will not preclude the structure's continued
designation as a historic structure.
"Substantially degrade"means to cause significant ecological impact.
"Thinning" means the evenly spaced noncommercial removal of up to 40 percent of trees and
woody shrubs.
"Topping"means the severing of main trunks or stems of vegetation at any place above 25 percent
of the vegetation height.
"Transportation facilities" are those structures and developments that provide for the movement
of people, goods, and services. These include roads and highways, railroad facilities, bridges,
parking facilities,bicycle paths, trails, �nd other related facilities.
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"Trees"means any living woody plant characterized by one main stem or trunk and many branches
and having a diameter of four inches or more measured 24 inches above ground level.
"Unavoidable"means adverse impacts that remain after all appropriate and practicable avoidance
and minimization have been achieved.
"Utility" means a service and/or facility that produces, transmits, carries, stores, processes, or
disposes of electrical power, gas, potable water, storm water, communications (including, but not
limited to, telephone and cable), sewage, oil, and the like.
"Vegetation"means plant life growing below, at, and above the soil surface.
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Ordinance—Amending PMC Title 29 -25
"Water-dependent use" means a use or portion of a use that cannot exist in a location that is not
adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its
operations.
"Water-enjoyment use" means a recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use or a use that provides for recreational use or
aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic
of the use, and which through location, design, and operation ensures the public's ability to enjoy
the physical and aesthetic qualities of the shoreline. In order to qualify as a water enjoyment use,
the use must be open to the general public and the shoreline-oriented space within. The project
must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
"Water-oriented use" means a use that is water-dependent, water-related, or water enjoyment, or
a combination of such uses.
"Water quality"means the physical characteristics of water within shoreline jurisdiction,including
water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological
characteristics. Where used in this SMP, the term water quantity refers only to development and
uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and
storm water handling practices. Water quantity, for purposes of this chapter, does not mean the
withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through
90.03.340.
"Water-related use" means a use or portion of a use, which is not intrinsically dependent on a
waterfront location but whose economic viability is dependent upon a waterfront location because:
(a) The use has a functional requirement for a waterfront location such as the arrival or
shipment of materials by water or the need for large quantities of water; or
(b) The use provides a necessary service supportive of the water dependent uses and
the proximity of the use to its customers makes its services less expensive and/or more
convenient.
—�`r��tic:l Lt:�c,�uic�..l�ti�}Ft-�t�c��fi::�itb��fi� E)1 U_ il�ctiCi:��iC�LS ifi :iiC .�titiC �ii rr u_�i�iii�tUfi�. Ct2i'fi
�
e�i;i�E��t��� I��t���r���- ?. �1�9?.
"Weir"means a structure generally built perpendicular to the shoreline for the purpose of diverting
water or trapping sediment or other moving objects transported by water.
"Wetlands"are areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support and that under normal circumstances do support a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage
Ordinance-Amending PMC Title 29-26
ditches,grass-lined swales,canals,detention facilities,wastewater treatment facilities,farm ponds,
and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of
wetlands.
Wetland Categories.
(a) Category I. These wetlands are: (i) alkali wetlands; (ii)wetlands that are identified
by scientists of the Washington Natural Heritage Program/WDNR as high quality
wetlands: (iii) bogs; (iv) mature and old-growth forested wetlands over one-fourth acre
with slow-growing trees; (v) forests with stands of aspen; and (vi) wetlands that perform
many functions very well.
(b) Category II. These wetlands are: (i) forested wetlands in the floodplains of rivers;
(ii)mature and old-growth forested wetlands over one-fourth acre with fast-growing trees;
(iii) vernal pools; and (iv) wetlands that perform functions well. These wetlands are
difficult, though not impossible, to replace, and provide high levels of some functions.
(c) Category III. These wetlands are: (i) forested wetlands in the floodplains of rivers;
(ii)mature and old-growth forested wetlands over one-fourth acre with fast-growing trees;
(iii) vernal pools; and (iv) wetlands that perform functions well. These wetlands are
difficult, though not impossible, to replace, and provide high levels of some functions.
(d) Category IV. Category IV wetlands have the lowest level of functions and are often
heavily disturbed. These are wetlands that could be replaced, and in some cases improved.
However, experience has shown that replacement cannot be guaranteed in any specific
case. These wetlands may provide some important functions and also need to be protected.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.080.]
Chapter 29.10
ENVIRONMENT DESIGNATION
Sections:
29.10.010 Environment designations.
29.10.020 Aquatic.
29.10.030 Natural.
29.10.040 Urban conservancy.
29.10.050 Public flood protection.
29.10.060 Recreation.
29.10.070 High intensity—Industrial.
29.10.080 High intensity—Mixed use.
29.10.090 Shoreline residential. ,
Ordinance—Amending PMC Title 29 -27
29.10.010 Environment designations.
(1) The City has designated shorelines pursuant to Chapter 90.58 RCW by defining them,
providing criteria for their identification, and establishing shoreline ecological functions to be
protected. Project proponents are responsible for determining whether a shoreline exists and is
regulated pursuant to this SMP. The SMP classifies the City's shoreline into eight shoreline
environment designations consistent with the purpose and designation criteria as follows:
(a) Aquatic;
(b) Natural;
(c) Urban conservancy;
(d) Public flood protection;
(e) Recreation;
(� High intensity—Industrial;
(g) High intensity—Mixed use;
(h) Shoreline residential.
(2) Official Shoreline Maps. Shoreline area designations are delineated on a map by reach and
subreach (SR), hereby incorporated as a part of this SMP (PMC 29.35.170), and shall be known
as the Official Shoreline Map. Maps indicating the extent of shoreline jurisdiction and shoreline
designations are to be used in conjunction with the most current scientific and technical
information available, field investigations, and on site surveys to accurately establish the location
and extent of shoreline jurisdiction when a project is proposed.
(3) Unmapped or Undesignated Shorelines. All areas meeting the definition of a shoreline of
the state or a Shoreline of Statewide Significance, whether mapped or not, are subject to the
provisions of this SMP.
(4) Interpretation of Environment Designation Boundaries.
(a) Whenever existing physical features are inconsistent with boundaries on the
Official Shoreline Map,the Shoreline Administrator shall interpret the boundaries.Appeals
of such interpretations may be filed pursuant to PMC 29.35.120, Appeals.
(b) All shoreline areas waterward of the OHWM shall be designated aquatic.
(c) Only one shoreline area designation shall apply to a given shoreland area. In the
case of parallel designations, designations shall be divided along an identified linear
Ordinance—Amending PMC Title 29-28
feature. Such linear features shall be clearly noted in the metadata associated with the
Official Shoreline Map.
(d) All areas within shorelines that are not mapped and/or designated are automatically
' assigned an urban conservancy designation.
(e) Environment designations for shorelines within the UGA will be effective
immediately upon annexation of the area into the City limits.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.100.]
29.10.020 Aquatic.
(1) Purpose. The purpose of the aquatic shoreline designation is to protect,restore,and manage
the unique characteristics and resources of the areas waterward of the OHWM.
(2) Designation Criteria. An aquatic shoreline designation is assigned to lands and waters
waterward of the OHWM.
(3) Management Policies.
(a) In addition to the other applicable policies and regulations of this SMP, the
following management policies shall apply:
(i) New overwater structures should be allowed only for water-dependent uses,
public access,recreation, or ecological restoration.
(ii) Shoreline uses and modifications should be designed and managed to
prevent degradation of water quality and natural hydrographic conditions.
(iii) In-water uses should be allowed where impacts can be mitigated to ensure
no net loss of shoreline ecological functions. Permitted in-water uses must be
managed to avoid impacts to shoreline ecological functions. Unavoidable impacts
must be minimized and mitigated.
(iv) On navigable waters or their beds, all uses and developments should be
located and designed to:
(A) Minimize interference with surface navigation;
(B) Consider impacts to public views; and
(C) Allow for the safe, unobstructed passage of fish and wildlife,
particularly species dependent on migration.
Ordinance—Amending PMC Title 29 -29
(b) Multiple or shared use of overwater and water-access facilities should be
encouraged to reduce the impacts of shoreline development and increase effective use of
water resources.
(c) Structures and activities permitted should be related in size, form, design, and
intensity of use to those permitted in the immediately adjacent upland area.The size of new
overwater structures should be limited to the minimum necessary to support the structure's
intended use.
(d) Natural light should be allowed to penetrate to the extent necessary to support
fisheries and nearshore aquatic habitat unless other illumination is required by state or
federal agencies.
(e) Shoreline uses, development, activities, and modifications in the aquatic shoreline
designation requiring use of adjacent landside property should be in a shoreline designation
that allows that use, development, activity, or modification.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.110.]
29.10.030 Natural.
(All islands, Subreach [SR] ld)
(1) Purpose. The purpose of the natural shoreline designation is to protect those shoreline areas
that are relatively free of human influence or that include intact or minimally degraded shoreline
ecological functions less tolerant of human use. These systems require that only very low-intensity
uses be allowed in order to maintain the ecological functions and ecosystem-wide processes.
Consistent with the policies of the designation, restoration of degraded shorelines within this
environment is appropriate.
(2) Designation Criteria. The following criteria should be considered in assigning a natural
environment designation:
(a) The shoreline ecological functions are substantially intact and have a high
opportunity for preservation and low opportunity for restoration;
(b) The shoreline is generally in public or conservancy ownership or under covenant,
easement, or a conservation tax program;
(c) The shoreline contains little or no development or is planned for development that
would have minimal adverse impacts to ecological functions or risk to human safety;
(d) The shoreline has high potential for low-impact,passive, or public recreation; and
(e) The shoreline is considered to represent ecosystems and geologic types that have
high scientific and educational value.
Ordinance—Amending PMC Title 29 -30
(3) Management Policies. In addition to other applicable policies and regulations, the
following management policies shall apply:
(a) Any use beyond existing uses that would substantially degrade shoreline ecological
functians or natural character of the shoreline area should not be allowed;
(b) Scientific, historic, cultural, educational research, and low-impact, passive
recreational uses are allowed in addition to existing uses, while meeting no net loss of
ecological function requirements;
(c) Single-family residential development may be allowed as a conditional use if the
density and intensity of such use is limited as necessary to protect ecological functions and
is consistent with the purpose of the environment;
(d) Vegetation should remain undisturbed except for removal of noxious vegetation
and invasive species through ongoing management activities or as part of a development
proposal. Proposed subdivision or lot line adjustments, new development, or significant
vegetation removal that would reduce the capability of vegetation to perform normal
ecological functions should not be allowed;
(e) Uses that would deplete physical or biological resources or impair views to or from
the shoreline over time should be prohibited;
(fl Only physical alterations that serve to support an existing use,protect a significant
or unique physical,biological,or visual shoreline feature that might otherwise be degraded
or destroyed, or those alterations that are the minimum necessary to support a permitted
use should be allowed; and
(g) Only the following types of signs should be considered for location in the
shorelines: interpretive, directional, navigational, regulatory, and public.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.120.]
29.10.040 Urban conservancy.
(Open-space areas located waterward of the parcel boundaries in the Columbia River Reach 1,
Subreaches(SR)3a(north portion of Chiawana Park),3b, Sc(nonlevee portion of the wetland near
Riverview Park), 6c(portion waterward of the trail),Reach 7 (Sacajawea Park, excluding the boat
launch and recreation area), and SR 8a.)
(1) Purpose. The purpose of the urban conservancy environment is to protect and restore
ecological functions of open space, floodplain, and other sensitive lands where they exist in urban
and developed settings, while allowing a variety of compatible uses.
Ordinance—Amending PMC Title 29 -31
(2) Designation Criteria. The following criteria are used to consider an urban conservancy
environment designation:
(a) The shoreline contains open space, floodplain, or other sensitive areas that should
not be more intensively developed;
(b) The shoreline has riparian vegetation with high to moderate ecological functions;
(c) The shoreline has potential for development that is compatible with ecological
restoration; or
(d) The shoreline is not generally suitable for water-dependent uses, however, has
moderate-to-high potential for public, water-related, or water-enjoyment uses where
ecological functions can be maintained or restored.
(3) Management Policies. In addition to the other applicable policies and regulations of this
SMP, the following management policies shall apply:
(a) Shoreline uses that preserve the natural character of the area or promote
preservation of open space, floodplain,or sensitive lands either directly or during the long-
term should be the primary allowed uses. Uses that result in restoration of ecological
functions should be allowed if the use is otherwise compatible with the purpose of the
environment and the setting.
(b) Encourage regulations for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications to ensure no net loss of shoreline
ecological functions;
(c) Public access and public recreation uses should be allowed whenever feasible and
significant ecological impacts can be mitigated; or
(d) Water-oriented uses should be given priority over nonwater-oriented uses. For
shoreline areas adjacent to commercially navigable waters, water-dependent uses should
be given priority.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.130.]
29.10.050 Public flood protection.
(Leveed areas along the Columbia River, where limited ecological function and future
development potential exists, and the areas are dedicated for public recreation as part of the
regional trail system.)
(1) Purpose. The purpose of the public flood protection environment designation is to provide
flood protection features while protecting shoreline ecological functions with limitations imposed
by the flood protection features, and provide recreational opportunities. In addition to existing
Ordinance—Amending PMC Title 29- 32
levees, examples of uses that are appropriate in a public flood protection shoreline designation
include public access and recreation uses consistent with the protection of public safety and
property by the flood protection features.
(2) Designation Criteria. The following criteria are used to consider a public flood protection
environment designation:
(a) The shoreline has low-to-moderate ecological function with low-to-moderate
opportunity for preservation or restoration;
(b) The shoreline is owned and maintained by public agencies;
(c) The shoreline is highly developed, and most development is related to flood
protection,public utility,infrastructure,and low-intensity recreation,facility rehabilitation,
or upgrade modifications;
(d) The shoreline has limited scientific or educational value or unique historic or
cultural resources values; or
(e) The shoreline has low-to-moderate potential for public, water-oriented recreation
where ecological functions can be maintained or restored.
(3) Management Policies. In addition to the other applicable policies and regulations of this
SMP, the following management policies shall apply:
(a) In regulating uses in the Public Flood Protection environment, first priority should
be given to flood protection and water-dependent public facility uses. Second priority
should be given to water-related and water-enjoyment uses that are not in conflict with the
flood protection uses.Nonwater-oriented uses are allowed as part of the operational needs.
(b) Policies and regulations shall ensure no net loss of shoreline ecological functions
as a result of redevelopment, facility upgrades, and new development. Where applicable,
development shall include environmental enhancement of the shoreline in accordance with
USACE McNary Pool Management Plan and the City's SMP Restoration Plan.
(c) Existing visual and physical public access opportunities shall be maintained and
enhanced where feasible and appropriate,as consistent with PMC 29.15.070,Public access.
(d) Aesthetic objectives should be implemented by means such as appropriate
landscape features, screening, and maintenance of natural vegetative buffers.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.140.]
29.10.060 Recreation.
(Chiawana, Wade, Riverview, Schlagel, and Sacajawea parks,marina,boat launch areas)
Ordinance—Amending PMC Title 29 - 33
(1) Purpose. The purpose of the recreation environment designation is to provide for water-
oriented recreational uses with some coxnmercial uses to support recreational uses while protecting
existing ecological functions, conserving existing natural resources, and restoring ecological
functions in areas that have been previously degraded.
(2) Designation Criteria. The following criteria are used to consider a recreation environment
designation:
(a) The shoreline has low-to-moderate ecological function with low-to-moderate
opportunity for preservation and restoration.
(b) The shoreline is highly developed,and most development is recreation-related with
potential for additional recreation and recreation-related commerce or is suitable and
planned for water-oriented uses.
(c) The shoreline has existing recreation uses or moderate-to-high potential for public
and private water-oriented recreation where ecological functions can be maintained or
enhanced.
(d) The shoreline has limited scientific or educational value or unique historic or
cultural resources values.
(3) Management Policies. In addition to the other applicable policies and regulations of this
SMP, the following management policies shall apply:
(a) In regulating uses in the recreation environment, first priority should be given to
water-dependent recreational uses. Second priority should be given to water-related and
water-enjoyment recreational uses. Nonwater-oriented uses should not be allowed, except
as part of mixed-use developments with a recreation focus.
(b) Policies and regulations shall ensure no net loss of shoreline ecological functions
as a result of new development. Consistent with the City's SMP Restoration Plan, new
development may be required, as applicable, to include restoration of shoreline functions
as part of project proposals.
(c) Where feasible, visual and physical public access should be required as provided
for in PMC 29.15.070, Public access. Recreational objectives should be enhanced by
combining physical and visual public access opportunities with other recreational
opportunities where feasible.
(d) Water-oriented commercial uses should be allowed.
(e) Aesthetic objectives should be implemented by means such as sign control
regulations, appropriate development siting, screening, architectural standards, and
maintenance of natural vegetative buffers.
Ordinance—Amending PMC Title 29-34
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.150.]
29.10.070 High intensity—Industrial.
(Areas landward of the levee in SR Sb, Port of Pasco, a portion of Osprey Point, industrial areas
on Columbia River SR 6c, and the Snake River SR 8b)
(1) Purpose. The purpose of the high intensity— industrial environment designation is to
provide for public and private commercial and industrial uses that need a shoreline location for
operation and are associated with water-oriented commerce and industry. Examples of uses that
are appropriate in a high intensity— industrial shoreline environment include water-oriented
commercial uses, water supply diversion, transportation, navigation uses, barge and conveyance
facilities, and similar uses. This environment may also provide for some recreation, while
protecting existing ecological functions and restoring ecological functions in areas that have been
previously degraded.
(2) Designation Criteria. Assign a high intensity— industrial environment designation to
shoreline areas where:
(a) The shoreline has low-to-moderate ecological function with low-to-moderate
opportunity for preservation or restoration.
(b) The shoreline is highly developed,and most development is related to public utility,
infrastructure, industry, or commerce with potential for additional related development,
facility rehabilitation, or upgrade modifications.
(c) Existing landward industrial development exists and has potential for future growth
and development.
(d) The operation of such uses depends on proximity to water,including high-intensity
uses related to industrial production, conveyance, transportation, or navigation.
(e) The shoreline has limited scientific or educational value or unique historic or
cultural resources values.
(3) Management Policies. In addition to the other applicable policies and regulations of this
SMP, the following management policies shall apply:
(a) In regulating uses in the high intensity— industrial environment, first priority
should be given to water-dependent commercial and industrial uses. Second priority should
be given to water-related and water-enjoyment uses that are not in conflict with the
commercial and industrial uses. Nonwater-oriented uses are allowed as part of mixed uses
to support the water-oriented uses.
Ordinance—Amending PMC Title 29 - 35
(b) Policies and regulations shall ensure no net loss of shoreline ecological functions
as a result of redevelopment, facility upgrades, and new development. Where applicable,
development shall include environmental cleanup and restoration of the shoreline to
comply in accordance with any relevant state and federal law.
(c) Where feasible and appropriate, visual and physical public access provisions may
be included as consistent with PMC 29.15.070, Public access.
(d) Aesthetic objectives should be implemented by means such as appropriate
development siting, screening, and maintenance of natural vegetative buffers.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.160.]
29.10.080 High intensity—Mixed use.
(Port of Pasco Marine Terminal SR 6a and western half of Osprey Point)
(1) Purpose. The purpose of the high intensity— mixed use environment designation is to
provide for water-oriented commercial and retail uses along with residential uses. Examples of
uses that are appropriate in a high intensity— mixed use shoreline environment include water-
oriented commercial office and retail, residential, transportation, public access, and similar uses.
This environment may also provide for some recreation, while protecting existing ecological
functions and restoring ecological functions in areas that have been previously degraded.
(2) Designation Criteria. Assign a high intensity— mixed use environment designation to
shoreline areas where:
(a) The shoreline has low-to-moderate ecological function with low-to-moderate
opportunity for preservation or restoration.
(b) The shoreline is highly developed,and most development is related to public utility,
infrastructure, or commerce with potential for additional related development, facility
rehabilitation, or upgrade modifications.
(c) Existing landward development exists and has potential for future growth and
development.
(d) The operation of such uses depends on proximity to water,including high-intensity
uses related to commerce,transportation, or navigation.
(e) The shoreline has limited or no scientific, educational, unique historic, or cultural
resources values.
(3) Management Policies. In addition to the other applicable policies and regulations of this
SMP, the following management policies shall apply:
Ordinance—Amending PMC Title 29-36
(a) Development in the high intensity—mixed-use environment should be managed so
it enhances and maintains the shorelines for a variety of urban uses.
(b) In regulating uses in the high intensity— mixed use environment, first priority
should be given to water-dependent commercial uses. Second priority should be given to
water-related and water-enjoyment uses that are not in conflict with the commercial uses.
Nonwater-oriented uses are allowed as part of mixed uses to support the water-oriented
uses. Residential uses should be allowed on the upper floors of developments as part of
mixed uses to support the water-oriented uses.
(c) Policies and regulations shall ensure no net loss of shoreline ecological functions
as a result of redevelopment, facility upgrades, and new development. Where applicable,
development shall include environmental cleanup and restoration of the shoreline to
comply in accordance with any relevant state and federal law.
(d) Where feasible and appropriate, visual and physical public access provisions may
be included as consistent with PMC 29.15.070, Public access.
(e) Aesthetic objectives should be implemented by means, such as appropriate
development siting, building design, screening, and maintenance of natural vegetative
buffers.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.170.]
29.10.090 Shoreline residential.
(Residential areas along the Columbia River in Reaches 1 and 2, SRs 4a and 4b, and portions of
SRs Sb and 6b)
(1) Purpose. The purpose of the shoreline residential environment designation is to
accommodate primarily residential development and appurtenant structures, but also allow other
types of development consistent with this section. An additional purpose is to provide appropriate
public access and recreational uses.
(2) Designation Criteria. Assign a shoreline residential environment designation to shoreline
areas where:
(a) The shoreline has low-to-moderate ecological function with low-to-moderate
opportunity for restoration.
(b) The shoreline contains mostly residential development at urban densities or in
clusters in more rural settings.
(c) The shoreline has low-to-moderate potential for low-impact, passive, or active
water-oriented recreation where ecological functions can be restored.
Ordinance—Amending PMC Title 29 - 37
(3) Management Policies. In addition to the other applicable policies and regulations of this
SMP, the following management policies shall apply:
(a) Encourage regulations that ensure no net loss of shoreline ecological functions as a
result of new development,such as limiting lot coverage,providing adequate setbacks from
the shoreline, promoting vegetation conservation, reducing the need for shoreline
stabilization, and maintaining or improving water quality.
(b) The scale and density of new uses and development should be compatible with the
existing residential character of the area.
(c) Public access and joint(rather than individual)use of recreational facilities should
be promoted.
(d) Access, utilities, and public services to serve proposed development within
shorelines should be constructed outside shorelines to the extent feasible and be the
minimum necessary to adequately serve existing needs and planned future development.
(e) Public or private outdoor recreation facilities should be provided with proposals for
subdivision development and encouraged with all shoreline development, if compatible
with the character of the area. Priority should be given first to water-dependent and then to
water-enjoyment recreation facilities.
(fl Commercial development should be limited to water-oriented uses. Nonwater-
oriented commercial uses should only be allowed as part of mixed-used developments.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.180.]
Chapter 29.15
GENERAL REGULATIONS
Sections:
29.15.010 Shoreline use and modification.
29.15.020 Development standards.
29.15.030 Archaeological and historic resources.
29.15.040 Environmental protection.
29.15.050 Shoreline vegetation conservation.
29.15.060 Water quality, storm water, and nonpoint pollution.
29.15.070 Public access.
29.15.080 Flood hazard reduction.
29.15.010 Shoreline use and modification.
(1) Regulations.
Ordinance-Amending PMC Title 29-38
(a) PMC Table 29.15.010 indicates which shoreline activities,uses,developments,and
modifications may be allowed or are prohibited in the shoreline jurisdiction within each
shoreline environment designation. Activities, uses, developments, and modifications are
classified as follows:
(i) "Permitted uses" require a shoreline substantial development permit or a
shoreline exemption.
(ii) "Conditional uses" require a shoreline special use permit per PMC
29.35.060.
(iii) "Prohibited" activities, uses, developments, and modifications are not
allowed and cannot be permitted through a variance or shoreline special use permit.
(iv) This chapter, General Regulations, and Chapter 29.20 PMC, Shoreline
Modifications and Use Regulations, shall be considered for additional limitations.
(b) All uses shall comply with the written provisions and regulations in this SMP and
the shoreline use and modification matrix in Table 29.15.010.Where there is a conflict between
the chart and the written provisions in this SMP, the written provisions shall control.
(2) General.
(a) Accessory uses shall be subject to the same shoreline permit process as their
primary use.
(b) Authorized uses and modifications shall be allowed only in shoreline jurisdictions
where the underlying zoning allows for it and subject to the policies and regulations of this
SMP.
(c) A use is considered unclassified when it is not listed in Table 29.15.010 or in the
Chapter 29.20 PMC, Shoreline Modification and Uses Regulations. Any proposed
unclassified use may be authorized as a conditional use; provided, that the applicant can
demonstrate consistency with the requirements of this SMP.
(d) If any part of a proposed activity, use, modification, or development is not eligible
for exemption per PMC 29.35.080, Exemptions from shoreline substantial development
permits, then a shoreline substantial development permit or shoreline special use permit
shall be required for the entire proposed development project.
(e) When a specific use or modification extends into the Aquatic environment and an
abutting upland environment without clear separation (e.g., private moorage facility or
shoreline stabilization), the most restrictive permit process shall apply to that use or
modification.
Ordinance—Amending PMC Title 29 -39
(fl Shoreline and critical areas buffers found in Chapter 29.25 PMC apply to all uses
and modifications unless stated otherwise in the regulations.
(g) None of the allowed uses shall be conducted in the floodway in any environment
designation, except as allowed by PMC 29.25.060, Flood hazard areas.
(h) Administrative interpretation of these regulations shall be done according to PMC
29.35.020(2).
(3) Shoreline Use and Modification Matrix.
Table 29.15.010. Shoreline Use and Modification Matrix for Ci of Pasco
A=Allowed with Substantial
Development Permit
C =Allowed with Shoreline Special � �
Use Permit '�: �
— � � � '� '`�~�
X—Prohibited � �; �
� �
� ° i i .�
NA=Not Applicable � b .�',.' .�„'' �
� O H y a
U f� � r'' �' �
� � � � � , � � �
Use/Modification � � ,� � � � � �
� Z � a � x x �
Resource Uses
Agriculture X X A' X X X X C
Mining X X C X X C C X
Boating Facilities
Boat launch(motorized boats) A C C A A A A C
Boat launch(nonmotorized boats—
A C A A A A A A
canoe/kayak)
Marina A X C C' A A A C
Ordinance—Amending PMC Title 29-40
A=Allowed with Substantial
Development Permit
C =Allowed with Shoreline Special � y
Use Permit � � �
0
+, � � �
X= Prohibited � � � � �
� ° i i .�
NA=Not Applicable � � ,L'�' ,L'�' �
� o � y a
U w � � �' �
u � � � � � � �
Use/Modification � � � � � � � �
� z � a a x x �
Docks, Piers,Mooring Facilities
Private and shared moorage A X A A A A A A
Public moorage A X A A A A A C
Covered moorage C X X X C C C' X
Commercial Development
Water-dependent A X A A A A A A
Water-related, water-enjoyment C X C C A A A C
Nonwater-oriented CZ X C'- C' A-' A' A'- X
Dredging Activities
Dredging A NA NA NA NA NA NA NA
Dredge material disposal C X C C C C C C
Dredging and disposal as part of
A A A A A A A A
ecological restoration/enhancement
Ordinance—Amending PMC Title 29-41
A=Allowed with Substantial
Development Permit
C =Allowed with Shoreline Special � �
Use Permit '�: �
0 y �
� � � �
X=Prohibited � � a a � �
�: � � ' ''C
NA=Not Applicable y .� .L�'' .�.'' �
� o y � a
� � U w � I.- � �
� � .,
t� � � � �
Use/Modification � � ,� � ; � � �
� z � w a x x �
Fill and Excavation
Fill waterward of OHWM and in
C C C C C C C C
floodways3
Other upland fill NA C A A A A A A
Excavation NA C4 C A A A A A
Industrial Uses
Water-dependent AS X X C X A A X
Water-related, water enjoyment AS X X C X A A X
Nonwater-oriented X X X CZ X A' A� X
In-water Modifications
Breakwater C X C C C C C C
Groins and weirs C X C C C C C C
In-stream structures6 A C4 C4 A4� 6 A3 A C C
Ordinance—Amending PMC Title 29-42
A=Allowed with Substantial
Development Permit
C=Allowed with Shoreline Special � �
Use Permit � � �
o � "�
X=Prohibited � � � � �
� ° i i .�
NA=Not Applicable � b .�'�' .L�'' �
� o � � a
U w � � � a
� � � � ►� '=
Use/Modification � � � � � � � �
� z � w x x x �
Recreational Development
Water-dependent A A� A� A A A A A
Water-related, water-enjoyment
C C� A' A A A A A
(trails, accessory buildings)
Nonwater-oriented X X C'- C'- A'- A'- A� A'-
Residential Development X C A X C X A` A
Research and Monitoring
Water-dependent A A A A A A A A
Water-related, water enjoyment A A A A A A A A
Nonwater-oriented A A A A A A A A
Shoreline habitat and natural systems
A A A A A A A A
enhancement projects
Shoreline Stabilization and Flood Control
Ordinance—Amending PMC Title 29 -43
A=Allowed with Substantial
Development Permit
C =Allowed with Shoreline Special � �
Use Permit � � �
� u 'C � �
X= Prohibited � �; � � �
� w � � �
NA=Not Applicable � ,ti ,�'�' .�'�' �
�
0
U f� � � '" �
� y,�„ C; � � � � y
Use/Modification � � � � ; � � �
� z � w a x x v�
Flood Control
Modification of existing flood
control facilities (dams, dikes and
A A A A A A A A
levees), including replacement
landward of existing location
New flood control facilities (Dams,
C Cg C C C A A C
Dikes and Levees)
Shoreline stabilization—New
Hard C X C C C A A C
Soft A A A A A A A A
Shoreline stabilization—
A A A A A A A A
Replacement9
Transportation
Highways, arterials, railroads
C X A A A A A A
(parallel to OHWM)
Ordinance—Amending PMC Title 29-44
A=Allowed with Substantial
Development Permit
C =Allowed with Shoreline Special � y
Use Permit � � �
� � �e �
X=Prohibited � � � � �
� ° i i .�
NA=Not Applicable � ,.a� .�' ,�'�' ;
� O y h N
U f�, � � +' �
� � e� � � ^,
i+ � � y �" �" y
Use/Modification � � ,� � � � � �
� z � a, x x x �
Secondary/public access roads
X X A A A A A A
(parallel to OHWM)
Roads perpendicular to the OHWM X C A A A A A A
Bridges (perpendicular to shoreline) C C C A A A A C
Existing bridges,trails, roads, and
parking facilities: improvement or A A A A A A A A
expansion
New parking,primary X X X A'° A'° A�° A'° X
New parking, accessory X Takes permit types of primary use
Utilities
Above-ground and underground
utilities (parallel and across c c A A A A A A
shoreline)
Notes:
1 Allowed when agricultural uses are passive, such as livestock grazing, harvesting of
noncultivated crops, or small-scale farms, or when ecological functions are degraded to the point
where the land is functionally equivalent to cultivated land.
Ordinance—Amending PMC Title 29 -45
2 New uses are allowed as part of mixed use or according to PMC 29.20.040(2) for commercial
development,PMC 29.20.070(2)for industrial development,or as part of an existing use according
to Chapter 29.30 PMC, Existing Uses, Structures and Lots.
3 Fill and excavation waterward of the OHWM, to support ecological restoration is allowed with
a substantial development permit.
4 Habitat restoration and/or fish habitat enhancement purposes only.
5 Allowed as part of upland industrial water-dependent or water-related uses.
6 Construction,practices, and maintenance of facilities necessary for flood protection or Columbia
Basin Project operations and associated water-dependent uses to access, pump, and convey water
for project purposes to public agencies or private water users and as consistent with permit
exemptions described in PMC 29.35.080.
7 Low intensity only.
8 Only when no other alternatives are available.
9 Exempt for protective bulkhead common to single-family residences according to PMC
29.35.080(4) and when consistent with PMC 29.20.140(5) and�.
10 Not allowed within 50 feet of edge of riparian vegetation corridor.
OHWM= ordinary high water mark
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.200.]
29.15.020 Development standards.
(1) Regulations.
(a) To preserve the existing and planned character of the shoreline consistent with the
purposes of the shoreline environment designations, development standards are provided
in the table below. These standards apply to all uses and modifications unless otherwise
indicated. In addition, shoreline developments shall comply with all other dimensional
requirements of the PMC.
(b) When a development or use is proposed that does not comply with the dimensional
performance standards of this SMP,or is not otherwise allowed by administrative reduction
or administrative modification, such development or use can only be authorized by
approval of a shoreline variance permit.
(c) No permit shall be issued for any new or expanded building or structure of more
than 35 feet above average grade level on shorelines of the state that will obstruct the view
of a substantial number of residences on areas adjoining such shorelines, except for the
high intensity environment designation areas,or where the SMP does not prohibit the same,
and then only when overriding considerations of the public interest will be served.
(2) Shoreline Development Standards Matrix.
Ordinance—Amending PMC Title 29-46
Table 29.15.020. Shoreline Development Standards Matrix for City of Pasco
� b
o �, ,�
� u � �
� � � �
� a � � �°
�
�
� o 'y '� a
� o � � � �
U w � � � � �
� � � v e� � � � �
� � � � � �
Use/Modification � � � � � � � �,� �
d Z � ts, � x � x � r�
15 N/A 35 35 35 45 No 35
Building heightl
limit
Building line setback in feet NA 10— 15
Impervious surface cover— NA 5% 20% 10% 20% 50% 100% 50%
maximum(%)2
Riparian buffer width in feet2° NA Conserve 75 50 50 5 50 50
3°4 entire
area
Trail width in feet NA NA 20 feet or as required by Americans with
Disabilities Act regulations. Trails on
private properties and not open for public
use shall be up to five feet wide.
Notes:
1 According to PMC 29.15.020(1)(c).
2 Accompanied by storm water management measures/facilities, wetland protections and other
protections as applicable.
3 Measured from the OHWM or top of bank as applicable.
4 Except where roadway, paved trail, or parking area or other development that has eliminated or
constrained ecological functions encroaches, and then to the waterward edge of the facility
maintenance axea, as applicable.
NA=not applicable
Ordinance—Amending PMC Title 29-47
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.210.]
29.15.030 Archaeological and historic resources.
l t) 1�.11r. L.llx 11 111 l.\l11�lllllc�l.�\. 1\ALlI 4111�t�1� Jl�lt. <111U 1\-U41<Ll. tA�l,lll.11.,l Lllill 111�A11.LLCL111 lll i l.Alll/lll„? lJl
known significant historic, cultural and archaeological sites, and work with these agencies in the
permit review process in com�lvin�with state and federal regulations and laws to protect sites and
areas that have historic, cultural, and archaeolo�ical values. Existin�policies also reinforce this
action, �� «-rittc��, s� no �c�c�iti�nal chan eg � arc 1�}� nned.
In all developments, whenever an archaeological area or historic site is discovered by a
development in the shoreline area, the developer shall comply with applicable state and federal
laws and regulations.
Developers and property owners shall stop work immediately and notify the local
government, the Office of Archaeology and Historic Preservation, and affected Indian tribes if
archaeological resources are uncovered during excavation.
Permits issued in areas documented to contain archaeological resources shall require a site
inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.220.]
29.15.040 Environmental protection.
(1) All project proposals,including those for which a shoreline substantial development permit
is not required, shall comply with Chapter 43.21 C RCW, the Washington State Environmental
Policy Act(SEPA).
(2) Applicants shall apply the following mitigation sequencing steps in order of priority to
avoid or minimize significant adverse effects and significant ecological impacts (with (a) being
top priority):
(a) Avoid the adverse impact altogether by not taking a certain action or parts of an
action;
(b) Minimize adverse impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
(c) Rectify the adverse impact by repairing, rehabilitating, or restoring the affected
environment to the conditions existing at the time of the initiation of the project;
(d) Reduce or eliminate the adverse impact over time by preservation and maintenance
operations;
Ordinance—Amending PMC Title 29-48
(e) Compensate for the adverse impact by replacing,enhancing,or providing substitute
resources or environments; and
(fl Monitor the adverse impact and the compensation projects and take appropriate
corrective measures.
(3) Projects that cause significant adverse environmental impacts, as defined in WAC 197-11-
794 and PMC 29.05.070,Definitions,are not allowed unless mitigated according to subsection�2,�
of this section, to avoid reduction or damage to ecosystem-wide processes and ecological
functions. As part of this analysis, the applicant shall evaluate whether the project may adversely
affect existing hydrologic connections between streams and wetlands and either modify the project
or mitigate any impacts as needed.
(4) When compensatory measures are appropriate pursuant to the mitigation priority sequence
in subsection�of this section, preferential consideration shall be given to measures that replace
the adversely impacted functions directly and in the immediate vicinity of the adverse impact.
However,alternative compensatory mitigation may be authorized within the affected drainage area
or watershed that addresses limiting factors or identified critical needs for shoreline resource
conservation based on watershed or resource management plans, including the shoreline
restoration plan, applicable to the area of adverse impact. Authorization of compensatory
mitigation measures may require appropriate safeguards, terms, or conditions as necessary to
ensure no net loss of ecological functions.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.230.]
29.15.050 Shoreline vegetation conservation.
(1) Vegetation conservation standards shall not apply retroactively to existing uses and
developments. Vegetation associated with existing structures, uses, and developments may be
maintained within shoreline jurisdiction as stipulated in the approval documents for the
development.
(2) Regulations specifying establishment and management of shoreline buffers are located in
the Chapter 29.25 PMC, Critical Areas. Vegetation within shoreline buffers, other stream buffers,
and wetlands and wetland buffers shall be managed consistent with Chapter 29.25 PMC.
(3) Vegetation outside of shoreline buffers, other stream buffers, and wetlands and wetland
buffers and within shoreline jurisdiction shall be managed according to PMC 29.15.040,
Environmental protection, and any other regulations specific to vegetation management contained
in other sections of this SMP.
(4) Vegetation clearing outside of wetlands and wetland and stream buffers shall be limited to
the minimum necessary to accommodate approved shoreline development that is consistent with
all other provisions of this SMP. Mitigation sequencing per PMC 29.15.040, Environmental
Ordinance—Amending PMC Title 29-49
protection, shall be applied so the design and location of the structure or development minimizes
native vegetation removal.
(5) Removal of noxious weeds and/or invasive species shall be incorporated in management
and mitigation plans, as necessary, to facilitate establishment of a stable community of native
plants.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.240.]
29.15.060 Water quality, storm water, and nonpoint pollution.
(1) The location, design, construction, and management of all shoreline uses and activities
shall protect the quality and quantity of surface and groundwater adjacent to the site.
(2) When applicable, all shoreline development should comply with the requirements of the
latest version of Ecology's Storm water Management Manual for Eastern Washington.
(3) Best management practices (BMPs) for control of erosion and sedimentation shall be
implemented for all shoreline development.
(4) Potentially harmful materials, including, but not limited to, oil, chemicals, tires, or
hazardous materials,shall not be allowed to enter any body of water or wetland,or to be discharged
onto the land. Potentially harmful materials shall be maintained in safe and leakproof containers.
(5) Within 25 feet of a water body, herbicides, fungicides, fertilizers, and pesticides shall be
applied in strict conformance to the manufacturer's recommendations and in accordance with
relevant state and federal laws. Further,pesticides subject to the final ruling in Washington Toxics
Coalition, et al., v. EPA shall not be applied within 60 feet for ground applications or within 300
feet for aerial applications of the subject water bodies and shall be applied by a qualified
professional in accordance with state and federal law.
(6) New development shall provide storm water management facilities designed, constructed,
and maintained in accordance with the latest version of Ecology's Storm Water Management
Manual for Eastern Washington, including the use of BMPs.Additionally,new development shall
implement low-impact development techniques where feasible and necessary to fully implement
the core elements of the Surface Water Design Manual.
(7) For development activities with the potential for adverse impacts on water quality or
quantity in a stream or fish and wildlife habitat conservation area, a critical area report as
prescribed in the Chapter 29.25 PMC, Critical Areas, shall be prepared. Such reports should
discuss the project's potential to exacerbate water quality parameters which are impaired, and for
which total maximum daily loads for that pollutant have been established, and prescribe any
necessary mitigation and monitoring.
(8) All materials that may come in contact with water shall be constructed of materials, such
as untreated wood,concrete,and approved plastic composites or steel,that will not adversely affect
Ordinance—Amending PMC Title 29 -50
water quality or aquatic plants or animals. Materials used for decking or other structural
components shall be approved by applicable state agencies for contact with water to avoid
discharge of pollutants from wave or boat wake splash,rain,or runoff.Wood treated with creosote,
copper chromium, arsenic, or pentachlorophenol is prohibited in shoreline water bodies.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.250.]
29.15.070 Public access.
(1) Applicants required to provide shoreline public access shall provide physical or visual
access, consistent with the City of Pasco's public access plan and other agencies' management
plans when applicable, unless specifically exempted in this section. Examples of physical and
visual access are listed below:
(a) Visual Access. Visual public access may consist of view corridors, viewpoints, or
other means of visual approach to public waters.
(b) Physical Access. Physical public access may consist of a dedication of land or
easement and a physical improvement in the form of a walkway, trail,bikeway,park,boat
or canoe and kayak launching ramp, dock area, view platform, or other area serving as a
means of physical approach to public waters.
(2) Except as provided in subsection � of this section, new uses shall provide for safe and
convenient public access to and along the shoreline where any of the following conditions are
present:
(a) The development is proposed by a public entity or on public lands;
(b) The nature of the proposed use, activity, or development will likely result in an
increased demand for public access to the shoreline;
(c) The proposed use, activity, or development is not a water-oriented or other
preferred shoreline use, activity, or development under the SMA, such as a nonwater-
oriented commercial or recreational use;
(d) The proposed use, activity, or development may block or discourage the use of
customary and established public access paths, walkways, trails, or corridors;
(e) The proposed use, activity, or development will interfere with the public use,
activity, and enjoyment of shoreline areas or water bodies subject to the public trust
doctrine;
(fl The proposed use, activity, or development includes key areas for public access
recommended in the City's public access plan and/or shoreline restoration plan; or
Ordinance-Amending PMC Title 29 -51
(g) The proposed activity is a publicly financed shoreline erosion-control measure
(when feasible).
(3) An applicant shall not be required to provide public access where one or more of the
following conditions apply; provided, that such exceptions shall not be used to prevent
implementing the City's public access plan and other agencies' management plans. In determining
the infeasibility, undesirability, or incompatibility of public access in a given situation, the City
shall consider alternative methods of providing public access, such as off-site improvements,
viewing platforms, separation of uses through site planning and design, and restricting hours of
public access:
(a) The proposed use, activity, or development only involves the construction of four
or fewer single-family or multifamily dwellings;
(b) The proposed use is within an area where public access is not proposed in the public
access plan, and the use will not increase public access demand or reduce public access;
(c) The proposed use is an agricultural activity;
(d) The nature of the use,activity,or development or the characteristics of the site make
public access requirements inappropriate due to health, safety(including consistency with
Crime Prevention Through Environmental Design[CPTED]principles,where applicable),
or environmental hazards; the proponent shall carry the burden of demonstrating by
substantial evidence the existence of unavoidable or unmitigable threats or hazards to
public health, safety, or the environment that would be created or exacerbated by public
access upon the site;
(e) An existing,new,or expanded road or utility crossing through shoreline jurisdiction
shall not create the need for public access if the development being accessed or served by
the road or utility is located outside of shoreline jurisdiction;
(fl The proposed use, activity, or development has security requirements that are not
feasible to address through the application of alternative design features for public access,
such as off-site improvements, viewing platforms, and separation of uses through site
planning and design;
(g) The economic cost of providing for public access at the site is unreasonably
disproportionate to the total long-term economic value of the proposed use, activity, or
development;
(h) Safe and convenient public access already exists in the general vicinity, and/or the
public access plan shows adequate public access at the property;
(i) Public access has reasonable potential to threaten or harm the natural functions and
native characteristics of the shoreline and/or is deemed detrimental to threatened or
endangered species under the Endangered Species Act; and
Ordinance—Amending PMC Title 29 -52
(j) The site is within or part of an overall development,a binding site plan,or a planned
unit development, which has previously provided public access adequate to serve the
project in full build-out through other application processes.
(4) Public access shall be located and designed to respect private property rights,be compatible
with the shoreline environment,protect ecological functions and processes,protect aesthetic values
of shoreline, and provide for public safety (including consistency with CPTED principles, where
applicable).
(5) For any development where public access is not required, shared community access may
be allowed if there is no existing or planned public access along the shoreline identified in the City
and other agencies' plan. Where provided, community access shall be subject to all applicable
development standards of this section. Shared community access is not required when any of the
conditions under subsection�of this section applies.
(6) General Performance Standards.
(a) Uses, activities, and developments shall not interfere with the regular and
established public use.
(b) Shoreline substantial development or conditional uses shall minimize the impact on
views of shoreline water bodies from public land or substantial numbers of residences.
(c) Proponents shall include within their shoreline applications an evaluation of a
proposed use, activity, or development's likely adverse impact on current public access
and future demands for access to the site. Such evaluation shall consider potential .
alternatives and mitigation measures to further the policies of this SMP and the provisions
of this section.
(d) Public access easements, trails, walkways, corridors, and other facilities may
encroach upon any buffers or setbacks required in Chapter 29.25 PMC, Critical Areas, or
under other provisions of this SMP; provided, that such encroachment does not conflict
with other policies and regulations of this SMP, and no net loss of ecological function can
be achieved. Any encroachment into a buffer or setback must be as close to the landward
edge of the buffer as possible.
(e) Public access facilities shall accommodate persons with disabilities, unless
determined infeasible by the Shoreline Administrator.
(7) Trails and Levees.
(a) Existing improved and primitive public trails shall be maintained and enhanced.
(b) Shoreline in private ownership should provide public access when feasible as
follows:
Ordinance—Amending PMC Title 29 -53
(i) Easement for public access; and
(ii) Physical or visual public access when feasible and when mentioned in the
City's public access plan, or other agencies' management plan.
(c) Where public access is to be provided by dedication of public access easements
along the OHWM, the minimum width of such easements shall be 20 feet.
(d) The total width of trail, including shoulders, shall be 20 feet maximum or as
required by Americans with Disabilities Act (ADA)regulations.
(e) Pervious pavings are encouraged for all trails and are required for trail shoulders.
(� Trails should make use of an existing constructed grade, such as those formed by
an abandoned rail grade, road, or utility when feasible.
(g) Trails shall be located, constructed, and maintained so as to avoid,to the maximum
extent possible,removal and other impacts to perennial native vegetation consistent with a
habitat management plan.
(h) Trails on private properties and not open for public use shall be up to five feet wide.
(8) Rights-of-Way, Easements, and Streets for Public Access.
(a) The City shall maintain public rights-of-way or easements as a means of retaining
public access on the shoreline. Proposed use, activity, or developments shall maintain
public access provided by public street ends,public utilities, and rights-of-way.
(b) The public easements required pursuant to this section,for the purpose of providing
access across or through the site to the OHWM, shall be maintained by the property owner
to provide for reasonable and safe public access to the OHWM.
(9) Where public access routes terminate, connections should be made with the nearest public
street unless determined by the Shoreline Administrator to be infeasible. Public access facilities
required for an approved or permitted use, activity, or development shall be completed prior to
occupancy and use of the site or operation of the activity. Public access shall make adequate
provisions, such as screening, buffer strips, fences, and signs, to prevent trespass upon adjacent
properties and to protect the value and enjoyment of adjacent or nearby private properties and
natural areas.
(10) Off-site public access may be permitted by the City where it results in an equal or greater
public benefit than on-site public access, or when on-site limitations of security, environment,
compatibility, or feasibility are present. Off-site public access may include, but is not limited to,
adequate access on public lands in proximity to the site, opportunity to increase public lands and
access with adjoining or proximate public area, enhancing a City-designated public property(e.g.,
Ordinance-Amending PMC Title 29-54
existing public recreation site, existing public access,road abutting a body of water, or similar) in
accordance with City standards, or other related measures.
(11) Signage.
(a) Signage to be approved by the Shoreline Administrator shall be conspicuously
installed along public access easements, trails, walkways, corridors, and other facilities to
indicate the public's right of use and the hours of operation. Public access and interpretive
displays may be provided for publicly funded restoration projects where significant
ecological impacts are addressed. The proponent shall bear the responsibility for
establishing and maintaining signs.
(b) The Shoreline Administrator may require the proponent to post signage restricting
or controlling the public's access to specific shoreline areas. The proponent shall bear the
responsibility for establishing and maintaining such signage.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.260.]
29.15.080 Flood hazard reduction.
(1) Development in floodplains shall avoid significantly or cumulatively increasing flood
hazards.Development shall be consistent with this SMP,as well as applicable guidelines of FEMA
and PMC 29.25.060, Flood Hazard Areas, and Chapter 24.20 PMC, Provisions for Flood Hazard
Protection.
(2) Existing structural flood hazard reduction measures, such as levees, may be repaired and
maintained as necessary to protect legal uses on the landward side of such structures. Increases in
height of an existing levee, with any associated increase in width, that may be needed to prevent a
reduction in the authorized level of protection of existing legal structures and uses, shall be
considered an element of repair and maintenance.
(3) Flood hazard reduction measures shall not result in channelization of normal stream flows,
interfere with natural hydraulic processes, such as channel migration, or undermine existing
structures or downstream banks.
(4) New Development and Subdivisions. Approve new development or subdivisions when it
can be reasonably foreseeable that the development or use would not require structural flood
hazard reduction measures within the floodway during the life of the development or use consistent
with the following (WAC 173-26-221(3)(c)(i)):
(a) Floodway. New development and subdivisions shall be subject to applicable
floodway regulations in PMC 29.25.060, Flood hazard areas, and Chapter 24.20 PMC,
Provisions for Flood Hazard Protection.
(5) New public and private structural flood hazard reduction measures shall be approved when
a scientific and engineering analysis demonstrates the following:
Ordinance—Amending PMC Title 29 -55
(a) They are necessary to protect existing development;
(b) Nonstructural measures, such as setbacks, land use controls, wetland restoration,
dike removal, use or structure removal or relocation, biotechnical measures, and storm
water management programs are not feasible;
(c) Adverse impacts on ecological functions and priority species and habitats can be
successfully mitigated so as to ensure no net loss; and
(d) Appropriate vegetation conservation actions are undertaken consistent with PMC
29.15.050, Shoreline vegetation conservation.
(6) Flood hazard reduction measures shall be placed landward of associated wetlands and
designated shoreline buffers,except for actions that increase ecological functions, such as wetland
restoration, or when no other alternative location to reduce flood hazard to existing development
is feasible as determined by the Shoreline Administrator.
(7) New public structural flood hazard reduction measures, such as levees, shall dedicate and
improve public access pathways, unless public access improvements would cause unavoidable
health or safety hazards to the public, inherent and unavoidable security problems, unacceptable
and unmitigable significant adverse ecological impacts, unavoidable conflict with the proposed
use, or a cost that is disproportionate and unreasonable to the total long-term cost of the
development.
(8) In those instances when management of vegetation as required by this SMP conflicts with
vegetation provisions included in state,federal,or other flood hazard agency documents governing
City-authorized, legal flood hazard reduction measures, the vegetation requirements of this SMP
will not apply. However, the applicant shall submit documentation of these conflicting provisions
with any shoreline permit applications and shall comply with all other provisions of this section
and this SMP that are not strictly prohibited by the approving flood hazard agency.
(9) The removal of gravel or other riverbed material for flood-management purposes shall be
consistent with the PMC 29.20.050, Dredging and dredge material disposal, and PMC 29.20.090,
Mining, and be allowed only after a biological and physical conditions study shows extraction has
no effect on or provides a long-term benefit to flood hazard reduction, and does not result in a net
loss of ecological functions.
(10) Roads shall be located outside the floodway, except necessary crossings, which shall be
placed perpendicular to the water body as much as is physically feasible. New transportation
facilities shall be designed so the effective base flood storage volume of the floodplain is not
reduced. The applicant shall provide all necessary studies, reports, and engineering analyses,
which shall be subject to review and modification by the Shoreline Administrator. If proposed
transportation facilities effectively provide flood control, they shall comply with policies and
regulations of this section.
Ordinance—Amending PMC Title 29 -56
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.270.]
Chapter 29.20
SHORELINE MODIFICATIONS AND USE REGULATIONS
Sections:
29.20.010 Agriculture.
29.20.020 Boating facilities.
29.20.030 Breakwater,jetties, groins, and weirs.
29.20.040 Commercial development.
29.20.050 Dredging and dredge material disposal.
29.20.060 Fill and excavation.
29.20.070 Industrial development.
29.20.080 In-stream structures.
29.20.090 Mining.
29.20.100 Piers and docks.
29.20.110 Recreational development.
29.20.120 Residential development.
29.20.130 Shoreline habitat and natural systems enhancement projects.
29.20.140 Shoreline stabilization.
29.20.150 Transportation—Trails,roads, and parking.
29.20.160 Utilities.
29.20.010 Agriculture.
(1) The SMP shall not require modification of or limit existing agricultural activities occurring
on agricultural lands consistent with RCW 90.58.065.
(2) For shoreline areas used for agriculture, new uses, activities, and development that are not
existing and ongoing, agriculture shall be subject to the following requirements:
(a) Such uses, activities, and development shall be allowed or permitted in a manner to
ensure maintenance of ecological functions and be consistent with the City's land use plan.
(b) If the new use, activity,or development is more intensive than the existing land use,
no significant vegetation removal, development, or grading shall occur in the shoreline
buffer without associated mitigation, except as necessary to accommodate low-intensity
water-dependent uses and public access that sustains ecological functions.
(c) New agricultural lands created by diking, draining, or filling wetlands shall not be
allowed.
(d) Conversion of land for new agricultural use or activities that are not consistent with
PMC Title 25, Zoning, shall not be allowed.
Ordinance—Amending PMC Title 29-57
(3) A substantial development permit shall be required for all agricultural developments not
specifically exempted by the provisions of PMC 29.35.080(4)(e) except for agricultural
developments in shoreline residential environxnent designation where a shoreline special use
permit shall be required.
(4) SMP provisions shall apply in the following cases:
(a) New agricultural activities on land not meeting the definition of agricultural land;
(b) Expansion of agricultural activities on nonagricultural lands;
(c) Conversion of agricultural lands to other uses;
(d) Other development on agricultural land that does not meet the definition of
agricultural activities; and
(e) Agricultural development and uses not specifically exempted by the SMA.
(5) New nonagricultural activities proposed on agricultural lands shall be consistent with the
environment designation and the Shoreline Use and Modification Matrix Table 29.15.010, as well
as other applicable shoreline use standards, including PMC 29.20.040, Commercial or PMC
29.20.120, Residential.
(6) Agricultural uses and development shall be located and designed to ensure no net loss of
ecological functions and no significant adverse impact on other shoreline resources and values.
(7) New feedlots are prohibited in shoreline areas.
(8) Agricultural uses and activities shall prevent and control erosion of soils and bank materials
within shoreline areas. They shall minimize siltation,turbidity,pollution,and other environmental
degradation of watercourses and wetlands.
(9) Agricultural chemicals shall be applied in a manner consistent with BMPs for agriculture
and PMC 29.15.060(5).
(10) New agricultural activities shall not remove existing native or nonnative,
� :� vegetation between all cropland or pasture areas
and adjacent waters or wetlands pursuant to the critical areas provisions of this SMP.
(11) Agricultural development shall conform to applicable state and federal policies and
regulations.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.300.]
Ordinance—Amending PMC Title 29- 58
29.20.020 Boating facilities.
(1) General Requirements.
(a) All boating uses, development, and facilities shall protect the rights of navigation.
(b) Boating facilities shall be sited and designed to ensure no net loss of shoreline
ecological functions and shall meet Washington State Department of Natural Resources
(WDNR) requirements and other state guidance if located in or over state-owned aquatic
lands.
(c) Boating facilities shall be located on stable shorelines in areas where:
(i) Such facilities will not adversely affect flood channel capacity or otherwise
create a flood hazard;
(ii) Water depths are adequate to minimize spoil disposal, filling, beach
enhancement, and other channel maintenance activities; and
(iii) Water depths are adequate to prevent the structure from grounding out at
the lowest low water or stoppers are installed to prevent grounding out.
(d) Boating facilities shall not be located:
(i) Where new dredging will be required; or
(ii) Where wave action caused by boating use would increase bank erosion
rates, unless no-wake zones are implemented at the facility.
(e) Boating uses and facilities shall be located far enough from public swimming
beaches and aquaculture harvest areas to alleviate any aesthetic or adverse impacts, safety
concerns, and potential use conflicts.
(fl In-water work shall be scheduled to protect biological productivity (including, but
not limited to, fish runs, spawning, and benthic productivity).
(g) Accessory uses at boating facilities shall be:
(i) Limited to water-oriented uses, including uses that provide physical or
visual shoreline access for substantial numbers of the general public; and
(ii) Located as far landward as possible, while still serving their intended
purposes.
(h) Parking and storage areas shall be landscaped or screened to provide visual and
noise buffering between adjacent dissimilar uses or scenic areas.
Ordinance—Amending PMC Title 29-59
(i) Boating facilities shall locate where access roads are adequate to handle the traffic
generated by the facility and shall be designed so that lawfully existing or planned public
shoreline access is not unnecessarily blocked, obstructed, or made dangerous.
(j) Joint-use moorage with 10 or more berths is regulated under this section as a marina
(subsection � of this section). Joint-use moorage with fewer than 10 berths is regulated
under this section as a dock or pier(see PMC 29.20.100, Piers and Docks).
(k) All marinas and public launch facilities shall provide at least portable restroom
facilities for boaters' use that are clean,well lit, safe, and convenient for public use.
(1) Installation of boat waste disposal facilities, such as pump-outs and portable dump
stations, shall be required at all marinas and shall be provided at public boat launches to
the extent possible. The locations of such facilities shall be considered on an individual
basis in consultation with the Washington State Departments of Health, Ecology, WDNR,
Washington State Parks, and WDFW, as necessary.
(m) All utilities shall be placed at or below dock levels or below ground, as appropriate.
(n) When appropriate,marinas and boat launch facilities shall install public safety signs
that include the locations of fueling facilities,pump-out facilities, and locations for proper
waste disposal.
(o) Boating facilities shall be constructed of materials that will not adversely affect
water quality or aquatic plants and animals over the long-term. Materials used for
submerged portions, decking, and other components that may come in contact with water
shall be approved by applicable state agencies for use in water to avoid discharge of
pollutants from wave splash,rain,or runoff.Wood treated with creosote,copper chromium,
arsenic, pentachlorophenol, or other similarly toxic materials is prohibited for use in
moorage facilities.
(p) Boating facilities in waters providing a public drinking water supply shall be
constructed of untreated materials, such as untreated wood, approved plastic composites,
concrete,or steel(see PMC 29.15.060,Water quality,storm water,and nonpoint pollution).
(q) Vessels shall be restricted from extended mooring on waters of the state, except as
allowed by state regulations; and provided, that a lease or permission is obtained from the
state and impacts to navigation and public access are mitigated.
(2) Boat Launch Facilities.
(a) Public boat launch facilities may be allowed in areas where no launching
opportunities exist within close proximity of a site (within less than three miles distance
by road on a water body) or as mentioned in the Public Access Plan.
Ordinance—Amending PMC Title 29 -60
(b) Boat launch and haul-out facilities, such as ramps, marine travel lifts and marine
railways, and minor accessory buildings, shall be designed and constructed in a manner
that minimizes adverse impacts on fluvial processes, biological functions, aquatic and
riparian habitats, water quality, navigation, and neighboring uses.
(c) Boat launch facilities shall be designed and constructed using methods/technology
that has been recognized and approved by state and federal resource agencies as the best
currently available.
(3) Marinas.
(a) Marinas shall be designed to:
(i) Provide flushing of all enclosed water areas;
(ii) Allow the free movement of aquatic life in shallow water areas; and
(iii) Avoid and minimize any interference with geohydraulic processes and
disruption of existing shore forms.
(b) Open pile or floating breakwater designs shall be used unless it can be demonstrated
that riprap or other solid construction would not result in any greater net impacts to
shoreline ecological functions,processes, fish passage, or shore features.
(c) Wet-moorage marinas shall locate a safe distance from domestic sewage or
industrial waste outfalls.
(d) To the maximum extent possible, marinas and accessory uses shall share parking
facilities.
(e) New marina development shall provide public access amenities, such as
viewpoints, interpretive displays, and public access to accessory water-enjoyment uses
(e.g., restaurants).
(� If a marina is to include gas and oil handling facilities, such facilities shall be
separate from main centers of activity in order to minimize the fire and water pollution
hazards and to facilitate fire and pollution control. Marinas shall have adequate facilities
and procedures for fuel handling and storage, and the containment, recovery, and
mitigation of spilled petroleum, sewage, and other potentially harmful or hazardous
materials and toxic products.
(g) The marina operator shall be responsible for the collection and dumping of sewage,
solid waste, and petroleum waste.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.320.]
Ordinance—Amending PMC Title 29-61
29.20.030 Breakwater,jetties, groins, and weirs.
(1) Breakwaters shall be allowed in environments defined in Table 29.15.010, Shoreline Use
and Modification Matrix, with a shoreline special use permit.
(2) New, expanded, or replacement groins and weirs shall only be permitted if the applicant
demonstrates that the proposed groin or weir will not result in a net loss of shoreline ecological
functions and the structure is necessary for water-dependent uses, public access, shoreline
stabilization, or other specific public purposes.
(3) Groins and weirs shall require a special use permit, except when such structures are
installed to protect or restore ecological functions, such as installation of groins that may eliminate
or minimize the need for hard shoreline stabilization.
(4) Groins and weirs shall be located, designed, constructed, and operated consistent with
mitigation sequencing principles,including avoiding critical areas,as provided in PMC 29.15.040,
Environmental protection.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.330.]
29.20.040 Commercial development.
(1) Water-dependent commercial development shall be given priority over nonwater-
dependent commercial uses within shoreline environments. Secondarily, water-related and water-
oriented uses shall be given priority over nonwater-oriented commercial uses.
(2) Nonwater-oriented commercial uses shall be allowed if they can demonstrate at least one
or more of the following:
(a) The commercial use is part of a mixed-use project that includes water-dependent
uses and provides a significant public benefit with respect to the objectives of the SMA.
(b) Navigability is severely limited at the proposed site, including opportunities for
nonmotorized boating or other water-oriented uses.
(c) The commercial use is physically separated from the shoreline by another property,
public right-of-way, or levee.
(d) The commercial use is farther upland than 200 feet from the OHWM; therefore, a
water-oriented use is not a viable option.
(3) Nonwater-oriented uses,including,but not limited to,residential uses,may be located with
water-oriented commercial uses; provided,that:
(a) The mixed-use project includes one or more water-dependent uses.
Ordinance—Amending PMC Title 29 -62
(b) Water-dependent commercial uses, as well as other water-oriented commercial
uses, have preferential locations along the shoreline.
(c) The underlying zoning district permits residential uses together with commercial
uses.
(d) Public access is provided and/or ecological restoration is provided as a public
benefit.
(4) Review Criteria. The City shall utilize the following information in its review of all
commercial development applications:
(a) Whether there is a water-oriented aspect of the proposed commercial use or activity
when it is located within 200 feet of the OHWM;
(b) Whether the proposed commercial use is consistent with the Shoreline Use and
Modification Matrix(Table 29.15.010);
(c) Whether the application has the ability to enhance compatibility with the shoreline
environment and adjacent uses;
(d) Whether adequate provisions are made for public and private visual and physical
shoreline access; and
(e) Whether the application makes adequate provisions to prevent adverse
environmental impacts and provide for shoreline ecological or critical area mitigation,
where appropriate.
(5) Commercial development shall be designed and maintained in a manner compatible with
the character and features of surrounding areas. Developments are encouraged to incorporate low-
impact development techniques into new and existing projects and integrate architectural and
landscape elements that recognize the river and lake environments. The City may prescribe and
modify project dimensions, screening standards, setbacks, or operation intensities to achieve this
purpose.
(6) Eating and drinking facilities and lodging facilities shall be oriented to provide views to
the waterfront,when such view is available from the site.
(7) Commercial uses shall provide for public access as a condition of approval, unless such
public access is demonstrated by the proponent to be infeasible or inappropriate for the shoreline
pursuant to PMC 29.15.070, Public access.
(8) Commercial uses shall provide for suitable measures to rehabilitate and enhance the
shoreline ecology as a condition of approval.
Ordinance—Amending PMC Title 29- 63
(9) Nonwater-oriented commercial uses shall not be allowed over water in any shoreline
environment.
(10) All commercial loading and service areas shall be located upland or away from the
shoreline. Provisions shall be made to screen such areas with walls, fences, and landscaping and
to minimize aesthetic impacts.
(11) The storage of potentially hazardous or dangerous substances or wastes is prohibited in the
floodway or within 200 feet of the OHWM, whichever boundary extends farthest landward.
(12) Development shall be located, designed, and constructed in a manner that ensures no net
loss of shoreline ecological functions and without significant adverse impacts on other preferred
land uses and public access features.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.340.]
29.20.050 Dredging and dredge material disposal.
(1) Dredgi ng.
(a) New dredging shall be permitted only where it is demonstrated that the proposed
water-dependent or water-related uses will not result in significant or ongoing adverse
impacts to water quality, fish and wildlife habitat conservation areas and other critical
areas, flood holding capacity, natural drainage and water circulation patterns, significant
plant communities, prime agricultural land, and public access to shorelines, unless one or
more of these impacts cannot be avoided. When such impacts are unavoidable, they shall
be minimized and mitigated such that they result in no net loss of shoreline ecological
functions.
(b) Dredging and dredge disposal shall be prohibited on or in archaeological sites that
are listed on the National Register of Historic Places and the Washington Heritage Register
until such time that they have been reviewed and approved by the appropriate agency.
(c) Dredging techniques that cause minimum dispersal and broadcast of bottom
material shall be used, and only the amount of dredging necessary shall be permitted.
(d) Dredging shall be permitted only:
(i) For navigation or navigational access;
(ii) In conjunction with a water-dependent use of water bodies or adjacent
shoreline areas;
(iii) As part of an approved habitat improvement project;
Ordinance—Amending PMC Title 29-64
(iv) To improve water flow or water quality; provided, that all dredged material
shall be contained and managed so as to prevent it from re-entering the water; or
(v) In conjunction with a bridge, navigational structure, or wastewater
treatment facility for which there is a documented public need and where other
feasible sites or routes do not exist.
(e) Dredging for fill is prohibited except where the material is necessary for restoration
of shoreline ecological functions.
(2) Dredge Material Disposal.
(a) Upland dredge material disposal within shoreline jurisdiction is discouraged. In the
limited circumstances when it is allowed, it will be permitted under the following
conditions:
(i) Shoreline ecological functions and processes will be preserved,restored, or
enhanced, including protection of surface and groundwater;
(ii) Erosion, sedimentation, floodwaters, or runoff will not increase adverse
impacts on shoreline ecological functions and processes or property; and
(iii) The site will ultimately be suitable for a use allowed by this SMP.
(b) Dredge material disposal shall not occur in wetlands, except as authorized by
special use permit as part of a shoreline restoration project.
(c) Dredge material disposal within areas assigned an aquatic environment designation
may be approved only when authorized by applicable agencies, which may include the
USACE pursuant to Section 404 (Clean Water Act) permits, WDFW's hydraulic project
approval, and/or the dredged material management program of the WDNR; and when one
of the following conditions apply:
(i) Land disposal is infeasible, less consistent with this SMP, or prohibited by
law; or
(ii) Disposal as part of a program to restore or enhance shoreline ecological
functions and processes is not feasible.
(d) Dredge materials approved for disposal within areas assigned an Aquatic
environment designation shall comply with the following conditions:
(i) Aquatic habitat will be protected, restored, or enhanced;
(ii) Adverse effects on water quality or biologic resources from contaminated
materials will be mitigated;
Ordinance—Amending PMC Title 29 -65
(iii) Shifting and dispersal of dredge material will be minimal; and
(iv) Water quality will not be adversely affected.
(e) When required by the Shoreline Administrator, revegetation of land disposal sites
shall occur as soon as feasible in order to retard wind and water erosion and to restore the
wildlife habitat value of the site. Native species shall be used in the revegetation.
(� Dredge material disposal operating periods and hours shall be limited to those
stipulated by the WDFW and hours from 7:00 a.m. to 5:00 p.m. Monday through Friday,
except in time of emergency as authorized by the Shoreline Administrator. Provisions for
buffers at land disposal or transfer sites, in order to protect public safety and other lawful
interests and to avoid adverse impacts, shall be required.
(3) Submittal Requirements. The following information shall be required for all dredging
applications:
(a) A description of the purpose of the proposed dredging and analysis of compliance
with the policies and regulations of this SMP.
(b) A detailed description of the existing physical character, shoreline geomorphology,
and biological resources provided by the area proposed to be dredged, including:
(i) A site plan map outlining the perimeter of the proposed dredge area,
including the existing bathymetry (water depths that indicate the topography of
areas below the OHWM), and having data points at a minimum of two-foot depth
increments.
(ii) A critical areas detailed study according to PMC 29.25.020(,10�.
(iii) A mitigation plan, if necessary, to address any identified adverse impacts
on ecological functions or processes.
(iv) Information on stability of areas adjacent to proposed dredging and spoils
disposal areas.
(v) A detailed description of the physical, chemical, and biological
characteristics of the dredge materials to be removed, including:
(A) Physical analysis of material to be dredged (e.g., material
composition and amount, grain size, organic materials present, and source
of material).
Ordinance-Amending PMC Title 29-66
(B) Chemical analysis of material to be dredged (e.g., volatile solids,
chemical oxygen demand, grease and oil content, and mercury, lead, and
zinc content).
(C) Biological analysis of material to be dredged.
(c) A description of the method of materials removal,including facilities for settlement
and movement.
(d) Dredging procedure,including the length of time it will take to complete dredging,
method of dredging, and amount of materials removed.
(e) Frequency and quantity of project maintenance dredging.
(fl Detailed plans for dredge spoil disposal, including specific land disposal sites and
relevant information on the disposal site, including,but not limited to:
(i) Dredge material disposal area;
(ii) Physical characteristics, including location, topography, existing drainage
patterns, and surface and groundwater;
(iii) Size and capacity of disposal site;
(iv) Means of transportation to the disposal site;
(v) Proposed dewatering and stabilization of dredged material;
(vi) Methods of controlling erosion and sedimentation; and
(vii) Future use of the site and conformance with land use policies and
regulations.
(g) Total estimated initial dredge volume.
(h) Plan for disposal of maintenance spoils for at least a 20-year period, if applicable.
(i) Hydraulic modeling studies sufficient to identify existing geohydraulic patterns
and probable effects of dredging.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.350.]
29.20.060 Fill and excavation.
(1) Fill and excavation waterward of the OHWM, except to support ecological restoration,
requires a special use permit and may be permitted only when:
Ordinance-Amending PMC Title 29 -67
(a) In conjunction with water-dependent or public access uses allowed by this SMP;
(b) In conjunction with a bridge, levee, or transportation facility of statewide
significance, for which there is a demonstrated public need and where no feasible upland
sites, design solutions, or routes exist;
(c) In conjunction with implementation of an interagency environmental cleanup plan
to clean up and dispose of contaminated sediments;
(d) Disposal of dredged material considered suitable under, and conducted in
accordance with, the Washington State Dredged Material Management Program; or
(e) In conjunction with any other environmental restoration or enhancement project.
(2) Waterward of the OHWM, pile or pier supports shall be utilized whenever feasible in
preference to fills. Fills for approved road development in floodways or wetlands shall be
permitted only if pile or pier supports are proven not feasible.
(3) Fill upland and waterward of the OHWM, including in nonwatered side channels, shall be
permitted only where it is demonstrated that the proposed action will not:
(a) Result in significant ecological damage to water quality, fish, and/or wildlife
habitat;
(b) Adversely alter natural drainage and circulation patterns, currents, or river flows,
or significantly reduce flood water capacities;
(c) Alter geomorphic or hydrologic processes; and
(d) Significantly reduce public access to the shoreline or significantly interfere with
shoreline recreational uses.
(4) Fills are prohibited in the floodway,except when approved by special use permit and where
required in conjunction with uses allowed by this SMP.
(5) Fills are allowed in floodplains outside of the floodway only where they would not alter
the hydrologic characteristics or flood storage capacity, or inhibit channel migration that would,
in turn, increase flood hazard or other damage to life or property and are consistent with FEMA
standards and Chapter 24.20 PMC, Provisions for Flood Hazard Protection, and PMC 29.25.060,
Flood hazard areas.
(6) Fill shall be of the minimum amount and extent necessary to accomplish the purpose of the
fill.
Ordinance—Amending PMC Title 29 -68
(7) Excavation waterward of the OHWM or within wetlands shall be considered dredging for
purposes of this SMP.
(8) Fills or excavation shall not be located where shore stabilization will be necessary to
protect materials placed or removed. Disturbed areas shall be immediately stabilized and
revegetated, as applicable.
(9) Fills, beach development or nourishment, and excavation shall be designed to blend
physically and visually with existing topography whenever possible, so as not to interfere with
long-term appropriate use, including lawful access and enjoyment of scenery.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.360.]
29.20.070 Industrial development.
(1) Water-dependent industrial development shall be given priority over nonwater-dependent
commercial uses within shoreline environments. Secondarily, water-related and water-oriented
uses shall be given priority over nonwater-oriented commercial uses.
(2) Nonwater-oriented industrial uses shall be allowed if they can demonstrate one or more of
the following:
(a) The industrial use is part of a mixed-use project that includes water-dependent uses
and provides a significant public benefit with respect to the objectives of the SMA.
(b) Navigability is severely limited at the proposed site, including opportunities for
nonmotorized boating or other water-oriented uses.
(c) The industrial use is physically separated from the shoreline by another property,
public right-of-way, or levee.
(d) The industrial use is farther upland than 200 feet from the OHWM; therefore, a
water-oriented use is not a viable option.
(3) Where industrial use is proposed for location on land in public ownership, public access
should be required unless such public access is demonstrated by the proponent to be infeasible or
inappropriate for the shoreline pursuant to PMC 29.15.070, Public access.
(4) Industrial uses shall provide for suitable measures to rehabilitate and enhance the shoreline
ecology as a condition of approval.
(5) Nonwater-oriented industrial uses shall not be allowed over water in any shoreline
environment.
(6) All industrial loading and service areas shall be located upland or away from the shoreline,
except when loading services are water-dependent, such as barge facilities. Provisions shall be
Ordinance—Amending PMC Title 29-69
made to screen upland loading areas with walls,fences,and landscaping and to minimize aesthetic
impacts.
(7) The new storage of potentially hazardous or dangerous substances or wastes is prohibited
in the floodway or within 200 feet of the OHWM,whichever boundary extends farthest landward.
(8) Industrial development will be located, designed, or constructed in a manner that ensures
no net loss of shoreline ecological functions and such that it does not have significant adverse
impacts to other shoreline resources and values.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.370.]
29.20.080 In-stream structures.
(1) In-stream structures are those structures placed by humans within a stream or river
waterward of the OHWM that either cause or have the potential to cause water impoundment or
the diversion, obstruction, or modification of water flow. In-stream structures may include those
for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service
transmission, structures primarily intended for fisheries management, or other purposes. Docks,
piers, and marinas are not regulated as in-stream structures in this section. See PMC 29.20.150,
Transportation— Trails, roads, and parking, and PMC 29.20.160, Utilities, for regulations
governing road and utility crossings of streams.
(2) General.
(a) The location,planning, and design of in-stream structures shall be compatible with
the following:
(i) The full range of public interests; existing agricultural activities; water
diversion operations, maintenance, and facility upgrade activities; and providing
for public access to shoreline waters, desire for protection from floods, and need
for preservation of historic and cultural resources.
(ii) Protection and preservation of ecosystem-wide processes and ecological
functions, including,but not limited to, fish and wildlife, with special emphasis on
protecting and restoring priority habitats and species and water resources and
hydrogeological processes within the context of the hydrology and water
management effects of the Columbia and Snake river operations and McNary Pool
conditions, as applicable.
(b) New structures shall be designed, located, and constructed consistent with
mitigation sequencing principles in PMC 29.15.040, Environmental protection, and as
otherwise limited by floodplain regulations found in PMC 29.15.080, Flood hazard
reduction, and PMC 29.25.060, Flood hazard areas.
Ordinance—Amending PMC Title 29 -70
(c) New structures shall be designed and located to minimize removal of riparian
vegetation and,if applicable, to return flow to the stream in as short a distance as possible.
(d) In-stream structures shall provide for adequate upstream and downstream migration
of resident fish, as applicable, and shall not adversely affect salmonid fish species or
adversely modify salmonid fish habitat, as applicable.
(e) Utilities and transmission lines shall be located so as to minimize obstruction or
degradation of views and comply with applicable provisions of PMC 29.20.160, Utilities.
(� Mitigation shall be required of the proponent for the loss of ecological functions
and processes pursuant to PMC 29.15.040, Environmental protection, and Chapter 29.25
PMC, Critical Areas. No net loss in function, value, or acreage shall occur from such
development.
(3) Submittal Requirements. In addition to the standard requirements listed in PMC 29.35.040,
Application requirements, all permit applications for in-stream structures shall contain, at a
minimum, the following additional information:
(a) A site suitability analysis, which provides sufficient justification for the proposed
site; the analysis must fully address alternative sites for the proposed development.
(b) Proposed location and design of primary and accessory structures, transmission
equipment,utility corridors, and access/service roads.
(c) A plan that describes the extent and location of vegetation which is proposed to be
removed to accommodate the proposed facility, and any site revegetation plans required
by this SMP.
(d) A hydraulic analysis prepared by a licensed professional engineer that sufficiently
describes the project's effects on streamway hydraulics, including potential increases in
base flood elevation, changes in stream velocity, and the potential for redirection of the
normal flow of the affected stream.
(e) A hydrologic analysis that analyzes the project's effects on ecological processes,
including delivery and rate of water and sediment, geomorphology, and recruitment of
organic material.
(fl Biological resource inventory and analysis that sufficiently describes the project's
effects on fish and wildlife resources, prepared by a qualified professional as defined in
Chapter 29.25 PMC, Critical Areas.
(g) Provision for erosion control,protection of water quality, and protection of fish and
wildlife resources during construction.
Ordinance-Amending PMC Title 29 -71
(h) Long-term management plans that describe in sufficient detail the provisions for
protection of in-stream resources during construction and operation; the plan shall include
means for monitoring its success.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.380.]
29.20.090 Mining.
(1) Mining shall be prohibited waterward of the OHWM.
(2) Mining facilities shall be located within shoreline jurisdiction only when no feasible sites
are available outside shoreline jurisdiction and only after the applicant has demonstrated
compliance with the mitigation sequencing requirements of PMC 29.15.040, Environmental
Protection.
(3) Mining in shoreline jurisdiction shall only be approved when the material proposed to be
extracted is only available in a shoreline location. This determination shall be based on an
evaluation of geologic factors, such as the distribution and availability of mineral resources for
that jurisdiction, the need for such mineral resources, and economic, transportation, and land use
factors. This demonstration may rely on analysis or studies prepared for purposes of the
Comprehensive Plan's designations and may be integrated with any relevant environmental review
conducted under SEPA,Chapter 43.21 C RCW,or otherwise be shown in a manner consistent with
RCW 90.58.100(1) and WAC 173-26-201(2)(a), as amended.
(4) Mining facilities and associated activities shall be designed and located to prevent loss of
ecological function.
(5) Application for permits for mining operations shall be accompanied by operation plans,
reclamation plans, and analysis of environmental impacts sufficient to make a determination as to
whether the project will result in net loss of shoreline ecological functions and processes during
the course of mining and after reclamation, and how impacts will be mitigated to achieve no net
loss of these functions. Creation, restoration, or enhancement of habitat for priority species and
the future productivity of the site may be considered in determining no net loss of ecological
functions.
(6) Mining proposals must be coordinated and compliant with state Surface Mining
Reclamation Act requirements (Chapter 78.44 RCW, Chapter 332-18 WAC).
(7) Preference shall be given to mining uses that result in the creation, restoration, or
enhancement of habitat for priority species. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.390.]
29.20.100 Piers and docks.
(1) All boating uses, development, and facilities shall protect the rights of navigation and
demonstrate no net loss of ecological functions,including providing on-site and off-site mitigation,
as applicable.
Ordinance-Amending PMC Title 29-72
(2) Shared moorage serving single-family use consisting of docks and piers with more than
four berths, commercial moorage available to the general public, and moorage related to clubs or
other groups not associated with a particular residential development are regulated as boating
facilities under PMC 29.20.020, Boating facilities.
(3) Docks and piers with four or fewer berths or any number of mooring buoys are regulated
under this section.
(4) Piers and docks shall avoid:
(a) Areas where shoreline modification is required for approach and other upland
facilities.
(b) Locations where they would adversely impact upland riparian or nearshore habitat
for aquatic species.
(c) Locations where they would adversely affect flood channel capacity or create a
flood hazard.
(d) Locations where water depths for vessels are not adequate without dredging.
(5) Piers and docks, except those accessory to single-family residences, shall provide public
access in accordance with PMC 29.15.070, Public access, and shall be located and designed such
that existing public access to public shorelines is not obstructed nor made hazardous.
(6) All in- and overwater structures shall be constructed of materials that will not adversely
affect water yuality or aquatic plants and animals during the long-term. Wood treated with
creosote, pentachlorophenol, or other similarly toxic materials is prohibited. Docks shall be
constructed of untreated materials,such as untreated wood, approved plastic composites,concrete,
or steel.
(7) Vessels shall be restricted from extended mooring on waters of the state, except as allowed
by state regulations and unless a lease or other permission is obtained from the state and impacts
to navigation and public access are mitigated.
(8) Boat Launches.
(a) Boat launches accessory to single-family and multifamily residential uses are
prohibited.
(b) Private boat launches shall be allowed only for water-dependent uses and marinas
and only when it is demonstrated that public boat launches will not feasibly serve the use.
Rail and track systems shall be preferred over concrete ramps.
Ordinance—Amending PMC Title 29 - 73
(c) New public boat launches for general public use or expansion of public boat
launches by adding launch lanes shall demonstrate that:
(i) Water depths are adequate to avoid the need for dredging and eliminate or
minimize potential loss of shoreline ecological functions or other shoreline
resources from offshore or foreshore channel dredging.
(ii) Adjacent residential properties will not be adversely affected by adverse
proximity impacts, such as noise, light and glare, or scale and aesthetic impacts.
Fencing or landscape areas may be required to provide a visual screen.
(iii) Exterior lighting will not adversely impact aquatic species.
(iv) Adequate provisions are made for restroom, sewage, and solid waste
disposal facilities in compliance with applicable health regulations.
(v) Access and parking shall not produce traffic hazards, shall not result in
excessive noise or other impacts, shall minimize traffic impacts on nearby streets,
and shall include adequate parking for boat trailers. Parking on public streets may
be allowed for peak periods if it is demonstrated that such parking will not
adversely impact through traffic or residential uses.
(9) New moorage to serve a single-family residence may be allowed only if:
(a) It is consistent with the USACE McNary Pool Management Plan.
(b) An applicant demonstrates that existing facilities (boat launches and public and
private marinas) are not reasonably available to meet demand.
(c) The lot does not have access to shared moorage in an existing subdivision,and there
is no homeowners association or other corporate entity capable of developing shared
moorage.
(d) In cases where a new dock or pier is approved, the City may require an agreement
to share with nearby residences with water frontage and provide for expansion to serve
such additional users.
(10) A dock or pier serving a single-family residence shall meet the following standards:
(a) Piers and Ramps.
(i) To prevent damage to shallow-water habitat, piers and ramps shall extend
at least 40 feet perpendicular from the OHWM. In some instances and sites, it may
not be practical to extend a ramp 40 feet from OHWM (for instance, where this
could conflict with navigation). The City may grant exceptions on a case-by-case
Ordinance—Amending PMC Title 29-74
basis depending on documentation of specific limitations that exist and in
coordination with other permitting agencies.
(ii) Piers and ramps shall be no more than four feet in width.
(iii) The bottom of either the pier or landward edge of the ramp shall be elevated
at least two feet above the plane of OHWM.
(iv) Grating shall cover the entire surface area(100 percent)of the pier or ramp.
The open area of grating shall be at least 50 percent, as rated by the manufacturer.
(v) Skirting shall not be placed on piers, ramps, or floats. Protective bumper
material will be allowed along the outside edge of the float, as long as the material
does not extend below the bottom edge of the float frame or impede light
penetration.
(vi) Shoreline concrete anchors must be placed at least 10 feet landward from
the OHWM and shall be sized no larger than four feet wide by four feet long,unless
otherwise approved by the City,National Oceanic and Atmospheric Administration
(NOAA) Fisheries, USACE, and WDFW. The maximum anchor height shall be
only what is necessary to elevate the bottom of either the pier or landward edge of
the ramp at least two feet above the plane of OHWM. The intent of this criterion is
to limit impacts to riparian vegetation along the shoreline. The City may grant
exceptions from the 10-foot landward requirement if site conditions warrant.
Exceptions shall be made on a case-by-case basis and based on documentation of a
specific limitation that exists and in coordination with other permitting agencies.
(b) Preservatives.
(i) The dock shall be built with materials that do not leach preservatives or
other materials.
(ii) No treated wood of any kind shall be used on any overwater structure(float,
pier, or ramp).
(iii) No paint, stain, or preservative shall be applied to the overwater structure.
(c) General.
(i) No electricity shall be provided to, or on, the overwater structure.
(ii) No boat lifts or watercraft lifts (e.g., Jet Ski lifts) of any type will be placed
on, or in addition to, the overwater structure. The City may gant exceptions on a
case-by-case basis in coordination with other permitting agencies if the applicant
can demonstrate that the proposed boat lift meets the intent of the criteria to
Ordinance—Amending PMC Title 29-75
minimize structure, maximize light penetration, and maximize depth. However,
these structures must meet the size criteria of the plan(total 160 square feet).
(iii) Shoreline armoring (e.g., bulkheads, riprap, and retaining walls) shall not
occur in association with installation of the overwater structure.
(iv) Construction of the overwater structure shall be completed during the in-
water work window(November 1 st to February 28th).
(d) Piling and Float Anchors.
(i) Piling shall not exceed eight inches in diameter. The intent of this criterion
is not to require existing pilings to be removed, cut, or capped, but to place limits
on the size of new pilings.The City may grant exceptions to allow for larger pilings
on a case-by-case basis and in coordination with other permitting agencies in areas
where safety considerations merit it.
(ii) Pilings shall be spaced at least 18 feet apart on the same side of any
component of the overwater structure. The pier/ramp and float are separate
components.
(iii) Each overwater structure shall utilize no more than four piles total for the
entire project. A combination of two piles and four helical anchors may be used in
place of four piles.
(iv) All pilings shall be fitted with devices to prevent perching by piscivorous
(fish-eating)birds.
(v) Submerged float anchors will be constructed from concrete and shall be
horizontally compressed in form,by a factor of five or more, for a minimum profile
above the stream bed(the horizontal length and width will be at least five times the
vertical height).A helical screw anchor may be utilized where substrate allows.The
owner shall be responsible for demonstrating feasibility and for proper installation
such that anchor displacement does not occur.
(vi) No in-water fill material will be allowed, with the exception of pilings and
float anchors. (Note: uncured concrete or its by-products shall not be allowed.)
(e) Floats.
(i) Float components shall not exceed the dimensions of eight by 20 feet,or an
aggregate total of 160 square feet, for all float components.
(ii) Flotation materials shall be permanently encapsulated to prevent breakup
into small pieces and dispersal in water(e.g., rectangular float tubs).
Ordinance—Amending PMC Title 29-76
(iii) Grating shall cover 100 percent of the surface area of the float(s). The open
area of the grating shall be no less than 50 percent, as rated by the manufacturer.
(iv) Functional grating will cover no less than 50 percent of the float.
(v) Floats shall not be located in shallow-water habitat where they could ground
or impede the passage or rearing of any salmonid life stage.
(vi) Nothing shall be placed on the overwater structure that will reduce natural
light penetration through the structure.
(vii) Floats shall be positioned at least 40 feet horizontally from the OHWM and
no more than 100 feet from the OHWM, as measured from the landward-most edge
of the float. Adjustments to this requirement may be made on an individual basis
where strict compliance with this standard may present safety issues or be excessive
for site conditions.
(viii) Project construction shall cease during high-flow conditions that could
result in inundation of the project area, except for efforts to avoid or minimize
resource damage.
(11) Shared residential docks and piers shall generally meet the standards for single-family
docks above, except that the number of floats and the size of piers and other facilities may be
increased to serve additional slips to provide one moorage space per residence served.
(12) Docks and piers shall be set back a minimum of 10 feet from side property lines, except
that joint-use facilities may be located closer to, or upon, a side property line when agreed to by
contract or covenant with the owners of the affected properties. This agreement shall be recorded
with the County Auditor and a copy filed with the shoreline permit application.
(13) Moorage Related to Subdivisions.
(a) New subdivisions and short plats shall contain a restriction on the face of the plat
prohibiting individual docks. A site for community or shared moorage shall be designated
on the plat and owned in undivided interest by property owners within the subdivision.
Shared moorage facilities shall be available to lots with water frontage in the subdivision.
The overwater area of the dock shall be made available to other lots and the public for
community access and may be required to provide public access depending on the scale of
the facility.
(b) Approval of a shared moorage for a subdivision shall be subject to the following
criteria:
(i) There is no reasonably available public or private moorage that can serve
the moorage needs of the residences or the subdivision.
Ordinance—Amending PMC Title 29-77
(ii) Shared moorage to serve new development shall be limited to the amount
of moorage needed to serve lots with water frontage. One moorage space per lot
may not be presumed.
(iii) The size of a dock must consider the use of mooring buoys for some or all
moorage needs and the use of all or part of the dock to allow tender access to
mooring buoys.
(iv) Public access shall be provided in all shared docks utilizing public aquatic
lands that accommodate five or more vessels.
(c) If a community or shared dock is not developed at the time of subdivision, a
community association shall be established with the authority to levy assessments within
the subdivision to construct and maintain a community dock in the future. The failure of a
subdivision to develop a community or shared dock shall not affect the prohibition on
individual docks.
(14) Multifamily residences, hotels, motels, and other commercial developments proposing to
provide moorage facilities shall meet the criteria for a marina. Use of the moorage must be open
to the general public on the same basis as residents or occupants and shall provide public access.
If approved, no more than one joint use moorage facility may be provided for a parcel or
development.
(15) Applications for docks or piers serving single commercial or industrial enterprises shall
demonstrate that:
(a) The facility serves a water-dependent use;
(b) The facility is the minimum size required to serve the proposed use; provided, that
provisions for expansion or future joint use may be provided;
(c) The facility minimizes impacts to the extent feasible. Where impacts are
unavoidable, the facility mitigates impacts to navigation, aquatic habitat, upland habitat,
public access to the water for recreation, fishing and similar use, and public access to
publicly accessible lands below the OHWM.
(16) Commercial or industrial moorage facilities shall demonstrate that:
(a) The dock or pier shall be the minimum length required to serve the use.
(b) Access from the shore to piers or floats shall minimize water cover in order to
minimize impacts to shallow-water habitat.
(c) Piers and ramps shall be elevated to provide the maximum feasible light
penetration.
Ordinance-Amending PMC Title 29-78
(d) Grating, or clear translucent material, shall be utilized to the maximum extent
feasible to provide light penetration.
(e) Floats shall be constructed and attached so they do not ground out on the substrate.
(fl Pile spacing shall be the maximum feasible to minimize shading and avoid a wall
effect that would block or baffle wave patterns, currents, littoral drift, or movement of
aquatic life forms, or result in structure damage from driftwood impact or entrapment.
(g) Pile diameter shall be minimized while meeting structural requirements.
(h) Covered structures may be permitted only to serve a water-dependent use where it
is demonstrated that adequate upland sites are not feasible and the area covered is the
minimum necessary to serve the use.
(17) Barge terminals are a particular use that can include docks, piers, and industrial moorage.
These facilities must demonstrate those items as provided in subsection 16 of this section, but
the SMP recognizes that barge terminals require specific development regulations, including
haxdening of the shoreline, dredging, and no setback areas.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.400.]
29.20.110 Recreational development.
(1) General Preferences.
(a) Recreational uses and facilities shall include features that relate to access,
enjoyment, and use of the City's shorelines.
(b) Both passive and active shoreline recreation uses are allowed.
(c) Water-oriented recreational uses and activities are preferred in shoreline
jurisdiction. Water-dependent recreational uses shall be preferred as a first priority and
water-related and water-enjoyment recreational uses as a second priority.
(d) Existing passive recreational opportunities, including nature appreciation,
nonmotorized trails, public education regarding shoreline ecological functions and
processes, environmental interpretation, and native habitat protection, shall be maintained.
Opportunities incorporating educational and interpretive information shall be included in
design and operation of recreation facilities and nature trails when feasible.
(e) Preference shall be given to the development and enhancement of public access to
the shoreline to increase water-�� recreational
opportunities.
(2) General Performance Standards.
Ordinance—Amending PMC Title 29 -79
(a) The potential adverse impacts of all recreational uses shall be mitigated, and
adequate provisions for shoreline rehabilitation shall be made part of any proposed
recreational use or development to ensure no net loss of shoreline ecological function.
(b) Sites with fragile and unique shoreline conditions, such as high-quality wetlands
and wildlife habitats,shall be used only for nonintensive recreation activities,such as trails,
viewpoints, interpretive signage, and similar passive and low-impact facilities that result
in no net loss of shoreline ecological function, and do not require the construction and
placement of permanent structures.
(c) For proposed recreation developments that require the use of fertilizers,pesticides,
or other toxic chemicals, the proponent shall specify the BMPs to be used to prevent these
applications and resultant leachate from entering adjacent waters.
(d) Recreational developments shall be located and designed to preserve, enhance, or
create scenic views and vistas.
(e) In approving shoreline recreational developments, the Shoreline Administrator
shall ensure that the development will maintain, enhance, or restore desirable shoreline
features, including unique and fragile areas, scenic views, and aesthetic values. The
Shoreline Administrator may, therefore, adjust or prescribe project dimensions, on-site
location of project components, intensity of use, screening, lighting, parking, and setback
requirements.
(3) Signs indicating tlie public's right to access shoreline areas shall be installed and
maintained in conspicuous locations at all points of access.
(4) Recreational developments shall provide facilities for nonmotorized access to the
shoreline, such as pedestrian and bicycle paths, and equestrian access, as applicable. New
motorized vehicle access shall be located and managed to protect riparian, wetlands, and shrub-
steppe habitat functions and value.
(5) Proposals for recreational developments shall include a landscape plan indicating how
native, self-sustaining vegetation is incorporated into the proposal to maintain ecological
functions. The removal of on-site native vegetation shall be limited to the minimum necessary for
the development of permitted structures or facilities and shall be consistent with provisions of
PMC 29.15.050, Shoreline vegetation conservation, and Chapter 29.25 PMC, Critical Areas.
(6) Accessory uses and support facilities, such as maintenance facilities, utilities, and other
nonwater-oriented uses shall be consolidated and located in upland areas outside shoreline,
wetland, and riparian buffers unless such facilities, utilities, and uses are allowed in shoreline
buffers based on the regulations of this SMP.
(7) The placement of picnic tables,playground apparatus,and other similar minor components
within the floodways shall be permitted; provided, that such structures are located and installed in
such a manner as to prevent them from being swept away during a flood event.
Ordinance—Amending PMC Title 29 - 80
(8) Recreational facilities shall make adequate provisions, such as screening, landscaping
buffer strips, fences, and signs, to prevent trespass on adjacent properties and to protect the value
and enjoyment of adjacent or nearby private properties and natural areas, as applicable.
(9) Recreational facilities or structures are only allowed to be built over water when they
provide public access or facilitate a water-dependent use and shall be the minimum size necessary
to accommodate the permitted activity.
(10) Recreational developments shall make adequate provisions for:
(a) On-site and off-site access and, where appropriate, equestrian access;
(b) Appropriate water supply and waste disposal methods; and
(c) Security and fire protection.
(11) Structures associated with recreational development shall not exceed 35 feet in height,
except as noted in PMC 29.15.020, Development standards, when such structures document that
the height above 35 feet will not obstruct the view of a substantial number of adjoining residences.
(12) Recreational development shall minimize effective impervious surfaces in shoreline
jurisdiction and incorporate low-impact development techniques. [Ord.4314§ 2,2016;Code 1970
§ 29.01.410.]
29.20.120 Residential development.
(1) Single-family residential development is a preferred use when it is developed in a manner
consistent with SMP provisions.
(2) Residential development shall be located and constructed to result in no net loss of
shoreline ecological function.
(3) Lots for residential use shall have a maximum density consistent with the City's
Comprehensive Plan and zoning regulations.
(4) Accessory uses and structures shall be located outside of the riparian buffer, unless the
structure is or supports a water-dependent use. Storage structures to support water-related uses are
not water-dependent uses, and therefore, shall be located outside of the riparian buffer.
(5) All residential development shall be located or designed in such a manner as to prevent
measurable degradation of water quality from storm water runoff. Adequate mitigation measures
shall be required and implemented where there is the reasonable potential for such adverse effect
on water quality.
Ordinance—Amending PMC Title 29- 81
(6) New shoreline residences and appurtenant structures shall be sufficiently set back from
steep slopes and shorelines vulnerable to erosion so that structural improvements, including bluff
walls and other shoreline stabilization and flood control structures, are not necessary to protect
proposed residences and associated uses.
(7) New floating residences and overwater residential structures shall be prohibited in
shoreline jurisdiction.
(8) New, multi-unit residential development and the subdivision of land into five or more lots
shall make adequate provisions for public access consistent with the regulations set forth in PMC
29.15.070, Public access.
(9) New residential development shall connect with sewer systems, as required by the PMC.
(10) All new residential development shall meet the vegetation management provisions
contained in PMC 29.15.050, Shoreline vegetation conservation, and PMC 29.25.040, Fish and
wildlife habitat conservation areas.
(11) Residential development clustering may be required by the Shoreline Administrator where
appropriate to minimize ecological and visual impacts on shorelines, including minimization of
impacts on shoreline vegetation consistent with PMC 29.15.050, Shoreline vegetation
conservation. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.420.]
29.20.130 Shoreline habitat and natural systems enhancement projects.
(1) Shoreline restoration and enhancement activities designed to restore or enhance shoreline
ecological functions and processes and/or shoreline features should be targeted toward meeting
the needs of sensitive and/or regionally important plant, fish, and wildlife species, and shall be
given priority.
(2) Shoreline restoration, enhancement, and mitigation activities designed to create dynamic
and sustainable ecosystems to assist the City in achieving no net loss of shoreline ecological
functions are preferred.
(3) Restoration activities shall be carried out in accordance with an approved shoreline
restoration plan and in accordance with the provisions of this SMP.
(4) To the extent possible, restoration, enhancement, and mitigation activities shall be
integrated and coordinated with other parallel natural resource management efforts, such as those
identified in the shoreline restoration plan.
(5) Habitat creation, expansion, restoration, and enhancement projects may be permitted
subject to required state or federal permits when the applicant has demonstrated that:
(a) The primary objective is clearly restoration or enhancement of the natural character
or ecological function of the shoreline;
Ordinance—Amending PMC Title 29- 82
(b) The project will not adversely impact spawning, nesting, or breeding in fish and
wildlife habitat conservation areas;
(c) Upstream or downstream properties or fish and wildlife habitat conservation areas
will not be adversely affected;
(d) Water quality will not be degraded;
(e) Flood storage capacity will not be degraded;
(fl Impacts to critical areas and buffers will be avoided and where unavoidable,
minimized and mitigated; and
(g) The project will not interfere with the normal public use of the navigable waters of
the state. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.430.]
29.20.140 Shoreline stabilization.
(1) Shoreline restoration and enhancement activities designed to restore shoreline ecological
functions and processes and/or shoreline features should be targeted toward meeting the needs of
sensitive and/or regionally important plant, fish, and wildlife species, and shall be given priority.
(2) New shoreline stabilization for new development is prohibited unless it can be
demonstrated that reasonable use of a lot or parcel legally created prior to the effective date of this
SMP is precluded without shore protection or is necessary to restore ecological functions or
hazardous substance remediation.
(3) Proposed designs for new or expanded shoreline stabilization shall be designed in
accordance with applicable state guidelines, must use the most current scientific and technical
information available, must document that alternative solutions are not feasible or do not provide
sufficient protection, must demonstrate that future stabilization measures would not be required
on the project site or adjacent properties, and be certified by a qualified professional.
(4) Land subdivisions and lot line adjustments shall be designed to ensure that future
development of the newly created lots will not require structural stabilization for subsequent
development to occur.
(5) New or expanded structural shoreline stabilization is prohibited except when necessity is
demonstrated consistent with the requirements of WAC 173-26-231(3).Necessity is demonstrated
through conclusive evidence documented by a geotechnical analysis that there is a significant
possibility that the structure will be damaged within three years as a result of shoreline erosion
caused by wind/wave action or other hydraulic forces and only when significant adverse impacts
are mitigated to ensure no net loss of shoreline ecological functions and/or processes.
Ordinance—Amending PMC Title 29 - 83
(6) Replacement of an existing shoreline stabilization structure with a similar structure is
permitted if there is a demonstrated need to protect existing primary uses, structures or public
facilities, including roads,bridges,railways, irrigation and utility systems from erosion caused by
stream undercutting or wave action. The existing shoreline stabilization structure will be removed
from the shoreline as part of the replacement activity. Replacement walls or bulkheads shall not
encroach waterward of the OHWM or existing structure unless the facility was occupied prior to
January l, 1992, and there are overriding safety or environmental concerns. Proposed designs for
new or expanded shore stabilization shall be in accordance with applicable state guidelines and
certified by a qualified professional.
(7) Where a geotechnical analysis confirms a need to prevent potential damage to a primary
structure, but the need is not as immediate as three years, the analysis may still be used to justify
more immediate authorization for shoreline stabilization using bioengineering approaches.
(8) Shoreline stabilization projects that are part of a fish habitat enhancement project meeting
the criteria of RCW 77.55.181 will be authorized through a shoreline exemption. Stabilization
projects that are not part of such a fish enhancement project will be regulated by this SMP.
(9) Small-scale shoreline stabilization projects (e.g., tree-planting projects or other minimally
intrusive enhancements) shall be reviewed by a qualified professional to ensure that the project
has been designed using the most current scientific and technical information available.
(10) Large-scale or more complex shoreline stabilization projects(e.g.,projects requiring fill or
excavation, placing objects in the water, or hardening the bank) shall be designed by a qualified
professional using the most current scientific and technical information available. The applicant
may be required to have a qualified professional oversee construction or construct the project.
(11) New stabilization structures, when found to be necessary, will implement the following
standards:
(a) Limit the size of the project to the minimum amount necessary;
(b) Include measures to ensure no net loss of shoreline ecological functions; and
(c) Use biotechnical bank stabilization techniques unless those are demonstrated to be
infeasible or ineffective before implementing "hard" structural stabilization measures.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.440.]
29.20.150 Transportation—Trails,roads, and parking.
(1) New or expanded motor vehicle and rail transportation facilities shall not be located within
shoreline jurisdiction,unless:
(a) The proponent demonstrates that no feasible upland alternatives exist;
Ordinance-Amending PMC Title 29- 84
(b) The project represents the minimum development necessary to serve another
specific, localized, and permitted shoreline use; or
(c) In the case of a water crossing, the proponent demonstrates that the project is
necessary to further a substantial public interest.
(2) When new roads or road expansions are unavoidable in shoreline jurisdiction, proposed
transportation facilities shall be planned, located, and designed to achieve the following:
(a) Meet mitigation sequencing provisions of PMC 29.15.040, Environmental
protection;
(b) Avoid adverse impacts on existing or planned water-oriented uses;
(c) Set back from the OHWM to allow for a usable shoreline area for vegetation
conservation and any preferred shoreline uses unless infeasible;
(d) Minimize grading, vegetation clearing, and alterations of the natural topography;
and
(e) Use BMPs for preventing erosion and degradation of surface water quality.
(3) Improvements to existing motor vehicle and rail transportation facilities shall not interfere
with pedestrian and bicycle access and shall, whenever possible, provide for expansion and
enhancement of pedestrian and bicycle transportation facilities.
(4) Transportation facilities and services for motor vehicles and rail shall utilize existing
transportation corridors whenever possible.
(5) The development, improvement, and expansion of pedestrian and bicycle transportation
facilities are allowed within all environments. Such transportation facilities are a preferred use
wherever they are compatible with the natural character, resources, and ecology of the shoreline.
(6) Pedestrian and bicycle transportation facilities shall be designed, located, and constructed
consistent with the policies and regulations for public access as provided in PMC 29.15.070,Public
access. Linkage among shoreline parks, recreation areas, and public access points is encouraged,
when feasible.
(7) Parking facilities are not a water-dependent use and shall only be permitted in the shoreline
jurisdiction to support an authorized use where it can be demonstrated to the satisfaction of the
Shoreline Administrator that there are no feasible alternative locations away from the shoreline.
Parking as a primary use shall not be allowed within 50 feet of edge of riparian vegetation corridor.
Accessory parking facilities shall be subject to the same permit type as the primary use.
(8) Accessory parking facilities shall be planned to avoid or minimize adverse effects on
unique or fragile shoreline features and shall not result in a net loss of shoreline ecological
Ordinance—Amending PMC Title 29- 85
functions or adversely affect existing or planned water-dependent uses. Parking facilities shall be
located upland of the principal structure, building, or development they serve, and preferably
outside of shoreline jurisdiction, except:
(a) Where the proponent demonstrates that an alternate location would reduce adverse
impacts on the shoreline and adjacent uses;
(b) Where another location is not feasible; and/or
(c) Except when ADA standards require otherwise.
(d) In such cases, the applicant shall demonstrate use of ineasures to reduce adverse
impacts of parking facilities in shoreline jurisdiction, such as low-impact development
techniques,buffering, or other measures approved by the Shoreline Administrator.
(9) Parking facilities shall be landscaped in a manner to minimize adverse visual and aesthetic
impacts on adjacent shoreline and abutting properties.
(10) All forms of transportation facilities shall, wherever feasible, consolidate water crossings
and make joint use of rights-of-way with existing or planned future primary utility facilities and
other transportation facility modalities.
(11) Improvements to all existing transportation facilities shall provide for the reestablishment
and enhancement of natural vegetation along the shoreline when appropriate.
(12) If located in the side yard or waterward side of a structure, loading areas shall be screened
from view of pedestrians on either side of the waterway. The visual screen shall comprise a fence
or wall with trees and shrubs consistent with the City's landscape standards.
(13) Shoreline crossings and culverts shall be designed to minimize adverse impacts on riparian
and aquatic habitat and shall allow for fish passage. See PMC 29.25.040,Fish and wildlife habitat
areas,for regulations governing crossings of nonshoreline streams located in shoreline jurisdiction.
(14) Trails shall be designed consistent with public access requirements in PMC 29.15.070,
Public access. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.450.]
29.20.160 Utilities.
(1) Nonwater-oriented utility production and processing facilities and transmission facilities
are permitted in shoreline jurisdiction only if no practical upland alternative or location exists.
New primary utility production and processing facilities or parts of those facilities, such as power
plants, solid waste storage, or disposal facilities that are nonwater-oriented, should not be
permitted within shoreline jurisdiction unless no other options are feasible.
(2) The principal uses permitted by this section include sewage collection, holding, transfer
and treatment pipelines, tanks, structures, containment facilities, and buildings. Water diversion,
Ordinance—Amending PMC Title 29- 86
treatment and conveyance facilities are also considered principal uses.Accessory facilities are also
permitted, including,but not limited to:
(a) Plant monitoring and control facilities and on-site administrative offices;
(b) Plant access and logistical facilities, such as storage areas and material handling
ramps and facilities, including utility delivery(electrical and communication) facilities;
(c) Plant security and safety features, such as fences and signage; and
(d) Other accessory or auxiliary uses or features, necessary to effective and efficient
operation of the plant, which cannot feasibly be located outside the shoreline jurisdiction.
(3) Expansion of existing primary utility facilities within shoreline jurisdiction must
demonstrate:
(a) The expansion is designed to protect adjacent shorelands from erosion, pollution,
or other environmentally detrimental factors during and after construction.
(b) The project is planned to fit existing natural topography as much as practical and
avoid alteration of the existing natural environment.
(c) Debris, overburden, and other construction waste materials shall be disposed of so
as to prevent erosion or pollution of a water body.
(4) New primary utility facilities and expansions shall include provisions to control the
quantity and quality of surface water runoff to natural water bodies, using BMPs to retain natural
flow rates. A maintenance program to ensure continued proper functioning of such new facilities
shall be required.
(5) Applications for installation of utility facilities other than water-dependent facilities within
the high intensity environment designation shall include the following:
(a) Reason why the utility facility must be in shoreline jurisdiction;
(b) Alternative locations considered and reasons for their elimination;
(c) Location of the same, similar, or other utility facilities in the vicinity of the
proposed project;
(d) Proposed method(s) of construction;
(e) Plans for reclamation of areas to be disturbed during construction;
(fl Landscape plans;
Ordinance-Amending PMC Title 29 - 87
(g) Methods to achieve no net loss of ecological function and minimize clearing of
native vegetation; and
(h) Consistency with the City's plans for utilities, where such plans exist.
(6) Applications for installation of utility facilities shall include the following:
(a) Proposed method(s) of construction;
(b) Plans for reclamation of areas to be disturbed during construction;
(c) Landscape plans; and
(d) Methods to achieve no net loss of ecological function and minimize clearing of
native vegetation.
(7) Where feasible,utilities shall be consolidated within a single easement and utilize existing
rights-of-way. Any utility located within property owned by the utility, which must of necessity
cross shoreline jurisdiction, shall be designed and operated to reserve the option of general public
recreational usage of the right-of-way in the future. This option shall be exercised by the public
only where:
(a) The public will not be exposed to dangers from the utility equipment; and
(b) The utility itself will not be subjected to unusual risks of damage by the public.
(8) In areas where utilities must cross shoreline jurisdiction,they shall do so by the most direct
route feasible, unless such a route would negatively affect an environmentally critical area,
obstruct public access to the shoreline, or interfere with the navigability of a water body regulated
by this SMP. See PMC 29.25.040, Fish and wildlife habitat areas, for regulations governing
crossings of nonshoreline streams located in shoreline jurisdiction.
(9) Utility facilities shall be designed and located in a manner that protects scenic views and
minimizes adverse aesthetic impacts.
(10) New utilities, which must be constructed across shoreline jurisdiction in previously
undisturbed areas, must submit a mitigation plan demonstrating the restoration of the shoreline to
at least its existing condition.Upon completion of utility installation or maintenance,any disturbed
areas shall be regraded to be compatible with the natural terrain of the area and revegetated with
appropriate native plants to prevent erosion.
(11) Outside of the high intensity environment designations, all underwater pipelines or those
paralleling the waterway transporting liquids potentially injurious to aquatic life or water quality
shall be prohibited, unless no other alternative exists to serve a public interest. In those limited
instances where permitted, shutoff valves shall be provided at both sides of the water body except
Ordinance—Amending PMC Title 29- 88
for public sanitary sewers of a gravity or siphon nature. In all cases, no net loss of ecological
functions shall be maintained.
(12) Where utilities cannot cross a shoreline water body via a bridge or other existing water
crossing, the utilities shall evaluate site-specific habitat conditions and demonstrate whether
impacts can mitigated to negatively impact substrate, or whether utilities will need to be bored
beneath the water body such that the substrate is not disturbed. Construction of pipelines placed
under aquatic areas shall be placed in a sleeve to avoid the need for excavation in the event of a
failure in the future.
(13) Minor trenching to allow the installation of necessary underground pipes or cables is
allowed if no alternative, including boring, is feasible, and if
(a) Impacts on fish and wildlife habitat are avoided to the maximum extent possible.
(b) The utility installation shall not increase or decrease the natural rate, extent, or
opportunity of channel migration.
(c) Appropriate BMPs are employed to prevent water quality impacts or other
environmental degradation.
(14) Utility installation and maintenance operations shall be conducted in a manner that does
not negatively affect surface water quality or quantity. Applications for new utility projects in
shoreline jurisdiction shall include a list of BMPs to protect water quality. [Ord. 4314 § 2, 2016;
Code 1970 § 29.01.460.]
Chapter 29.25
CRITICAL AREAS
Sections:
29.25.010 Critical areas.
29.25.020 General provisions.
29.25.030 Wetlands.
29.25.040 Fish and wildlife habitat.
29.25.050 Aquifer recharge areas.
29.25.060 Flood hazard areas.
29.25.070 Geologic hazard areas.
29.25.010 Critical areas.
(1) Purpose.
(a) The purpose of this chapter, critical areas, is to conserve and protect the values and
functions of environmentally sensitive and hazardous areas which contribute to public
health, safety, and welfare of the community without violating any citizen's constitutional
Ordinance—Amending PMC Title 29- 89
rights to the use of property as required by the GMA of 1990 (Chapter 17, Laws of 1990)
and the SMA (Chapter 90.58 RCV� through the application of the most current scientific
and technical information available.
(b) The City shall regulate in shoreline jurisdiction all uses,activities,and development
within, adjacent to, or likely to affect one or more critical areas.
(2) Critical Areas. Critical areas of concern to the City of Pasco within the shoreline
jurisdiction include:
(a) Wetlands;
(b) Fish and wildlife habitats;
(c) Aquifer recharge areas;
(d) Flood hazard areas; and
(e) Geologically hazardous areas, such as those subject to landslide and steep slope
failures, erosion, seismic events, mine collapse, and volcanic hazards.
(3) Critical Area Categories. The City finds that these critical areas fall into one or both of the
following categories:
(a) Critical areas provide a variety of valuable and beneficial biological and physical
functions that benefit the City and its residents; and
(b) Critical areas pose potential threats to human safety or to public and private
property.
(4) Intent. The intent of this chapter is to implement the provisions of the GMA, SMA, and the
Comprehensive Plan by managing development in harmony with critical areas. This chapter seeks
to:
(a) Protect members of the public and public resources and facilities from injury, loss
of life, or property damage due to landslides and steep slope failures, erosion, seismic
events, volcanic eruptions, or flooding;
(b) Protect unique, fragile and valuable elements of the environment, including fish
and wildlife and their habitats;
(c) Mitigate unavoidable impacts to environmentally sensitive areas by regulating
alterations in and adjacent to critical areas;
(d) Prevent cumulative adverse environmental impacts to water quality and wetlands;
Ordinance—Amending PMC Title 29-90
(e) Meet the requirements of the Washington GMA(Chapter 36.70A RCW),and SMA
(Chapter 90.58 RCW)with regard to the protection of critical area lands;
(� Coordinate environmental review and permitting of proposals to avoid duplication
and delay of desirable actions.
(5) Most Current Scientific and Technical Information.
(a) WAC 173.26.201(2)(a)requires the City to identify and assemble the most current,
accurate, and complete scientific and technical information available regarding the
development of policies related to identification of and policies governing management
recommendations for critical areas.
(b) Critical area reports, mitigation plans, and decisions to permit the alteration of
critical areas within the shoreline jurisdiction shall rely on the most current scientific and
technical information to ensure the protection of the ecological functions and values of
critical areas, and must give special consideration to conservation or protection measures
necessary to preserve or enhance anadromous fish and their habitat.
(c) The most current scientific and technical information that is consistent with criteria
established in WAC 173.26.201(2)(a)may include the following:
(i) Critical area maps;
(ii) Maps and reference documents in the City of Pasco's Inventory,
Characterization, and Analysis Report, as applicable;
(iii) U.S. Geological Survey (USGS) topographic quadrangle maps, ii�cludin�
���a�hin�tc»� �_D�partmcnt c>Cl�atur�il Rc�ourcc� ticolc�gi� Inli�rm<�iion Portal2;
(iv) Aerial photographs;
(v) Soil Survey of Franklin County, Washington, by the U.S. Department of
Agriculture, Soil Conservation Service;
(vi) National Wetland Inventory maps; and
(vii) WDFW Priority Habitats and Species maps. [Ord.4314§ 2,2016;Code 1970
§ 29.01.500.]
29.25.020 General provisions.
(1) Authorizations Required. Prior to fulfilling the requirements of this chapter, the City shall
not grant any approval or permission to alter the condition of any land, water or vegetation, or to
construct or alter any structure or improvement including,but not limited to,the following:
Ordinance—Amending PMC Title 29 - 91
(a) Building permit;
(b) Special use permit;
(c) Shoreline special use permit;
(d) Shoreline substantial development permit;
(e) Shoreline variance permit;
(fl Binding site plan;
(g) Short subdivision;
(h) Subdivision;
(i) Zoning variance permit;
(j) Rezone; or
(k) Any other adopted permit or required approval not expressly exempted by this
section.
(2) Jurisdiction.
(a) This chapter shall apply to all lands,all land uses and development and all structures
and facilities in City's shoreline jurisdiction. This chapter shall apply to every person,
individual, firm, partnership, corporation, governmental agency or other entity that owns,
leases, or administers land within the City's shoreline jurisdiction.
(b) This section provides regulations for land use and development in and adjacent to
critical areas within the City's shoreline jurisdiction.
(3) Allowed uses.
(a) All allowed activities shall use reasonable methods supported by the most current
scientific and technical information or accepted BMPs with the least amount of potential
impact to the critical areas. Any incidental damage to or alteration of a critical area that is
not a necessary outcome of the exempted activity shall be restored, rehabilitated, or
replaced at the responsible party's expense.This includes,but is not limited to,access ways
or paths, vegetation removal or damage beyond a reasonable work zone, and grading and
clearing not essential to the ongoing operation of the site's use. Uses allowed under this
section do not give permission to destroy a critical area or ignore risk from natural hazards.
See PMC 29.35.080, Exemptions from shoreline substantial development permits, for
provisions for exempted activities within shoreline jurisdiction. Allowed uses include:
Ordinance—Amending PMC Title 29 -92
(i) Modification of any existing structure that does not alter the structure to
further intrude into a critical area or established buffer and does not increase risk to
life and property. Modification includes construction of tenant improvements,
fences, decks,patios, driveways, signs, and accessory structures.
(ii) Operation and maintenance of any system of existing dikes,levees, ditches,
drains, or other facilities which were created, developed or utilized primarily as a
part of a drainage or diking system.Operation and maintenance does not necessarily
include the expansion or new construction of drainage ditches and related facilities.
See PMC 29.35.080, Exemptions from shoreline substantial development permits,
for additional provisions that may be applicable.
(iii) Removal of hazardous trees and vegetation and, when necessary,measures
to control or prevent a fire or halt the spread of disease or damaging insects
consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that
no vegetation shall be removed from a critical area or its buffer without approval
from the City.
(iv) Activities involving artificially created wetlands or streams intentionally
created from nonwetland sites, including, but not limited to: grass-lined swales,
irrigation and drainage ditches, detention facilities, and landscape features, except
those features that provide critical habitat for anadromous fish and those features
that were created as mitigation for projects or alterations subject to the provisions
of this chapter.
(v) Passive recreational activities, including, but not limited to, fishing, bird
watching,boating, swimming,hiking,and use of nature trails,provided the activity
does not alter the critical area or its buffer.
(vi) The harvesting of wild crops in a manner that is not injurious to natural
reproduction of such crops and provided the harvesting does not require tilling soil,
planting crops,or changing existing topography, water conditions or water sources.
(vii) Educational and scientific research.
(viii) Existing and ongoing agricultural activities and related development
activities, provided no alteration of flood storage capacity or conveyance, or
increase in the extent or nature of impact to a critical area or its buffer occurs,
beyond that which has occurred prior to the effective date of this chapter.
(b) If the proposed activity meets any of the listed allowed uses, including any BMP
and/or restoration requirements, completion of a critical area checklist or further critical
area review is not required.
(4) Critical Area Review.
Ordinance—Amending PMC Title 29 -93
(a) The City of Pasco shall complete a critical area review prior to granting any
shoreline permit approval for a development or other alteration on a site that is found to
likely include,or be adjacent to,or have significant impact upon one or more critical areas,
unless otherwise provided in this chapter. As part of this review, the Shoreline
Administrator shall verify the information submitted by the applicant, and:
(i) Confirm the extent, nature, and type of any critical areas identified and
evaluate any required critical area detailed study;
(ii) Determine whether the development proposal conforms to the purposes and
performance standards of this chapter;
(iii) Assess impacts on the critical area from the activities and uses proposed and
determine whether any proposed alterations to, or impacts upon, critical areas are
necessary and unavoidable in order to meet the objectives of the proposal; and
(iv) Determine if any required mitigation plans proposed by the applicant are
sufficient to protect the critical area and public health, safety, and welfare concerns
consistent with the goals,purposes, objectives, and requirements of this chapter.
(b) The applicant shall be responsible for the initiation, preparation, submission, and
expense of all required assessments, studies, plans, reconnaissance, and other work in
support of the application. The applicant shall provide the City with digital copies and
paper copies of reports/studies and maps prepared for the reports/studies, including all
geotechnical studies and mapping.
(5) Minimum Standards. Any proposed activity shall be conditioned as necessary to mitigate
impacts to critical areas to ensure no net loss of ecological function and conform to the
performance standards required by this chapter and PMC 29.15.040, Environmental protection.
(6) Concurrent Requirements. Lands characterized by one or more critical area features may
also be subject to other regulations established by this chapter due to overlap or multiple functions
of some critical areas. In the event of conflict between regulations,the most restrictive regulations
shall apply.
(7) Critical Area Checklist.
(a) For any proposed activity not found to be exempt under subsection � of this
section or PMC 29.35.080, Exemptions from shoreline substantial development permits,
the applicant shall complete a critical area checklist on forms provided by the City. The
checklist must be submitted to the Shoreline Administrator prior to consideration of any
permit request that requires a critical area review as described in this section.
(b) Following receipt of the checklist, the Shoreline Administrator will conduct a
review to determine whether there are any critical area indicators present that may be
impacted by the proposal.
Ordinance—Amending PMC Title 29-94
(8) Initial Determination.
(a) If the Shoreline Administrator determines the site potentially includes, or is
adjacent to critical areas, or the proposed project could have significant adverse impacts on
critical areas, the Shoreline Administrator shall notify the applicant that a critical area
detailed study is required for each of the indicated critical area types.
(b) If the review of the checklist and critical area resources do not indicate that critical
areas are included or adjacent to the activity or could suffer probable significant adverse
impacts from the activity, then the Shoreline Administrator shall rule that the critical area
review is complete. The determination shall be noted on the checklist.
(c) The applicant shall acknowledge in writing that a determination regarding the
apparent absence of one or more critical areas by the Shoreline Administrator is not
intended to be an expert certification regarding the presence of critical areas and the
determination is subject to possible reconsideration and reopening if new information is
received. If the applicant wants greater assurance of the accuracy of the critical area review
determination, the applicant may hire a qualified ��»�-t+IFa��t Urc�fetisic7rial to provide, such
assurances.
(9) Waivers from Critical Area Detailed Study Requirements.
(a) The Shoreline Administrator may waive the requirement for a critical area detailed
study if there is substantial evidence that:
(i) There will be no alteration of the critical areas or required buffer;
(ii) The development proposal will not impact the critical area in a manner
contrary to the purpose, intent and requirements of this chapter; and
(iii) The performance standards required by this chapter will be met.
(b) In making the determination, the Shoreline Administrator may use any of the most
current scientific information and the critical area reference maps and/or inventories
identified in PMC 29.25.010(5).
(c) Notice of the findings substantiating the waiver will be attached to the permit and
filed with the application records.
(10) Critical Area Detailed Studies.
(a) Preliminary Reconnaissance. If a critical area detailed study is determined to be
necessary, then a data review and field reconnaissance shall be performed by a qualified
��__ _ ' for that type of critical area. If the detailed study reveals no critical
area is present, then a statement of this finding along with supporting evidence shall be
Ordinance—Amending PMC Title 29 -95
prepared by the � �� and submitted to the City. An approved finding of
the lack of a critical area shall satisfy all of the requirements for a detailed study.
(b) Minimum Requirements. If the data review and field reconnaissance reveals that a
critical area is present, then a complete detailed study shall be prepared by the applicant
and submitted to the City. At a minimum, a critical area detailed study shall comply with
the specific criteria in PMC 29.25.030 through PMC 29.25.070, and clearly document:
(i) The boundary and extent of the critical area;
(ii) The existing function,value, and/or hazard associated with the critical area;
(iii) The probable impact upon the function,value,and/or hazard associated with
the critical area from the project as proposed; and
(iv) A mitigation plan including the items in subsection�13�of this section.
(c) Limitations to Study Area. If the applicant, together with assistance from the City,
cannot obtain permission for access to properties adjacent to the project area, then the
critical area detailed study may be limited accordingly.
(d) Preparation and Determination of Completeness. The critical area detailed study
shall be prepared by a qualified �� for the type of critical area or areas
involved. The qualified �7.;�:�; ... .��., may consult with the Shoreline
Administrator prior to or during preparation of the critical area detailed study to obtain City
approval of modifications to the contents of the study where, in the judgment of the
qualified p: . , more or less information is required to adequately
address the critical area impacts and required mitigation.
If the critical area detailed study is found to be incomplete, the applicant shall be notified
and the critical area review process shall be suspended pending correction of the
inadequacies. Upon receipt of a complete critical area detailed study a final determination
is to be rendered.
(11) Final Determination. Following submission of a completed detailed study, the Shoreline
Administrator will review the detailed study and make a determination,based on the critical area
detailed study and any other available and appropriate materials. The Shoreline Administrator's
determination will address the adequacy of the project, as proposed, to mitigate any effects it may
have on critical areas that are included within or adjacent to the project site. The Shoreline
Administrator may elect to request assistance from state resource agency staff if necessary. In
addition, the Shoreline Administrator will assess the adequacy of the project proposal's
compliance with the applicable performance standards and this SMP.Notice of this determination
shall be attached to the permit and the critical area review shall be completed.
(a) Favorable Determination. A determination that the project proposal adequately
mitigates its impacts on the critical areas and complies with the applicable performance
Ordinance-Amending PMC Title 29 -96
standards satisfies the provisions of this title only. It should not be construed as
endorsement or approval of the original or any subsequent permit applications.
(b) Unfavorable Determination. When a project proposal is found to not adequately
mitigate its impacts on the critical areas and/or not comply with applicable performance
standards, the Shoreline Administrator shall prepare written notice of the reasons for the
finding of noncompliance. Such notice shall identify the critical area impacted and the
nature of the impact.
Following notice of a determination from the critical area review that the proposed activity
does not adequately mitigate its impacts on the critical areas and/or does not comply with
applicable performance standards, the applicant may request consideration of a revised
mitigation plan. If the revision is found to be substantial and relevant to the critical area
review, the Shoreline Administrator may reopen the critical area review and make a new
determination based on this revised mitigation plan.
(12) Completion of the Critical Area Review. If at any time prior to completion of the public
input process on associated permits or approvals, the City receives new evidence that a critical
area may be included in, adjacent to, or significantly impacted by the proposed activity, then the
City shall reopen the critical area review process and shall require whatever level of critical area
review and mitigation as indicated by the evidence. Once the public input process on all associated
permits or approvals is completed and the record is closed,then the City's determination regarding
critical areas shall be final, unless appeal is filed as per PMC 29.35.120,Appeals.
(13) Mitigation Standards.
(a) All proposed critical area alterations shall include mitigation sufficient to maintain
the function and values of the critical area or to prevent risk from a hazard posed by a
critical area. Mitigation of one critical area impact should not result in unmitigated impacts
to another critical area. Mitigation includes avoiding, minimizing, or compensating for
adverse impacts to critical areas or their buffers. The preferred sequence of mitigation is
defined in PMC 29.15.040, Environmental protection.
(b) Possible mitigation techniques include, but are not limited to, buffers, setbacks,
limits on clearing and grading, creation of artificial wetlands, stream bank stabilization,
modified construction methods, and BMPs for erosion control and maintenance of water
quality.
(c) All proposed mitigation shall be documented in a mitigation plan included as an
element of the critical area detailed study. The mitigation plan shall include a description
of the following:
(i) The proposed mitigation;
(ii) How the proposed mitigation will maintain the critical area function, any
ongoing monitoring and/or inspection that may be required to ensure the adequacy
Ordinance—Amending PMC Title 29-97
of the proposed mitigation, and an evaluation of the anticipated effectiveness of the
proposed mitigation;
(iii) Any remedial measures that may be required, depending on the outcome of
that ongoing monitoring and/or inspection;
(iv) Any required critical areas expertise necessary to install,monitor,or inspect
the proposed mitigation; and
(v) Any bonding or other security required to insure performance and/or
maintenance of the proposed mitigation.
(14) Buffers.
(a) Buffers have, in some cases, been determined to be necessary to protect critical
areas and their functions. Where specific buffers are identified, those buffers are deemed
"required" or "standard" buffers. See Table 29.15.020(2) for riparian buffers and PMC
29.25.030 for wetland buffers.
(i) Except as otherwise specified herein, required buffers shall be retained in
their pre-existing condition. If a project does not propose any alteration of buffers
or of the associated critical area, then subject to the following provision, no
additional mitigation will be required to protect the critical area. Additional
mitigation beyond the required buffer shall be required if the Shoreline
Administrator finds that, based on unique features of the critical area or its buffer
or of the proposed activity, the required buffers will not adequately protect the
function of the critical area or prevent risk of hazard from the critical area and that
additional mitigation or buffering is required to protect the critical area function or
to prevent risk of hazard from the critical area.
(ii) The buffer shall be marked prior to any site alteration, and boundary
markers shall be visible, durable, and permanently affixed to the ground. The
boundary markers shall remain until all activity is completed and a final site
inspection is completed.
(iii) An eight-foot-minimum setback shall be required from the buffer area for
any construction of impervious surface area greater 120 square feet. Clearing,
grading, and filling within this setback shall only be allowed when the applicant
can demonstrate that vegetation within the buffer will not be damaged.
(iv) Where temporary buffer disturbance or alteration has occurred or will occur
in conjunction with regulated activities, revegetation with appropriate native
vegetation shall be required and completed one month before the end of the growing
season.
Ordinance-Amending PMC Title 29-98
(v) Normal nondestructive pruning and trimming of vegetation for maintenance
purposes, or thinning of limbs of individual trees to provide a view corridor, shall
not be subject to these buffer requirements. Enhancement of a view corridor shall
not be construed to mean excessive removal of trees or vegetation that impairs
views. See also PMC 29.15.050, Shoreline vegetation conservation.
(b) If the applicant proposes to reduce required buffers or to alter the required buffer,
then the applicant shall demonstrate why such buffer modification, together with any
alternative mitigation proposed in the critical area detailed study,is sufficient to protect the
critical area function or to prevent risk of hazard from the critical area.
(c) The critical area detailed study shall make adequate provision for long-term buffer
protection. Periodic inspection of the buffers may be required if deemed to ensure long-
term buffer protection.
(15) Bonding. The Shoreline Administrator shall have the discretion to require a bond, which
will ensure compliance with the mitigation plan if activity related to the protection of the critical
area(s) (e.g., monitoring or maintenance) or construction is scheduled to take place after the
issuance of the City's permit. The bond shall be in the form of a surety bond, performance bond,
assignment of savings account, or an irrevocable standby letter of credit guaranteed by a financial
institution with terms and conditions acceptable to the City Attorney. The bond shall be in the
amount of 125 percent of the estimated cost of the uncompleted actions or construction, or the
estimated cost of restoring the function and values of the critical area that is at risk, whichever is
higher. The term of the bond shall be two years, or until the additional activity or construction has
been completed and passed the necessary inspections, whichever is longer.
(16) Incentives. The following incentives are intended to minimize the burden to individual
property owners from application of the provisions of this chapter:
(a) Open Space. Any property owner on whose property a critical area or its associated
buffer is located and who proposes to put the critical area and buffer in a separate tract may
apply for current use property tax assessment on that separate tract through Franklin
County,pursuant to Chapter 84.34 RCW.
(b) Conservation Easement. Any person whose property contains an identified critical
area or its associated buffer may place a conservation easement over that portion of the
property by naming a beneficiary under RCW 64.04.130 as beneficiary of the conservation
easement. This conservation easement may be in lieu of a separate critical areas tract that
qualifies for open-space tax assessment described in this subsection (16). The purpose of
the easement shall be to preserve, protect, maintain, restore, and limit future use of the
property affected. The terms of the conservation easement may include prohibitions or
restrictions on access.
(17) Critical Areas Mapping. The approximate location and extent of critical areas in the City
of Pasco may include the following:
Ordinance-Amending PMC Title 29 -99
(a) Critical areas shown on the critical areas map adopted as a part of the
Comprehensive Plan.
(b) Other mapping resources provided in PMC 29.25A10(5).
Mapping resources are to be used only as guides to alert the user to the possible distribution,
location, and extent of critical areas. Mapping shall be utilized as a source of generalized
information and shall not be considered as regulatory standards or substitute for site-
specific assessments. The actual type, extent, and boundaries of critical areas shall be
determined in the field by a qualified specialist according to the procedures, definitions,
and criteria established in this chapter. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.510.]
29.25.030 Wetlands.
(1) Purpose. The purpose of this section is to promote public health and welfare by instituting
local measures to preserve naturally occurring wetlands that exist in the City's shoreline
jurisdiction for their associated value.These areas may serve a variety of vital functions,including,
but not limited to, flood storage and conveyance,water quality protection, recharge and discharge
areas for groundwater, erosion control, sediment control, fish and wildlife habitat, recreation,
education, and scientific research.
(2) Wetland Designation. Under this chapter, wetlands shall be designated in accordance with
the definitions, methods, and standards set forth in the approved 1987 USACE Wetlands
Delineation Manual, as amended and its applicable regional supplements, as amended (The Arid
West Final Regional Supplement was last updated in 2008 at time of SMP adoption). All areas
within the City of Pasco meeting the criteria identified in this delineation manual, regardless of
whether or not these areas have been formally identified as wetlands, are hereby designated as
wetland critical areas and are subject to the provisions of this chapter.
(3) Wetland Rating(Classification).
(a) The wetlands rating system is intended to differentiate between wetlands based on
their sensitivity to disturbance, rarity, irreplaceability, and the functions and values they
provide. A general description of wetland categories and the rationale for each category is
provided in PMC 29.05.070, Definitions (see "Wetland Categories").
(b) Wetlands shall be rated (classified) as either Category I, Category II, Category III,
or Category IV according to the criteria listed in this section. This rating system is based
on the Washington Department of Ecology's Washington State Wetlands Rating System
for Eastern Washington-Ecology Publication No. 14-06-030 (October 2014), as amended.
The most current edition of this document should be used in classifying wetlands and
developing wetland mitigation plans.
(4) Wetland Indicators. The following indicators of wetland presence shall be used by the
Shoreline Administrator to determine if a wetland detailed study is needed:
Ordinance—Amending PMC Title 29- 100
(a) Listing in the City's critical areas mapping resources as a wetland or resources
listed in PMC 29.25.010(5);
(b) Documentation, through references in state or federal handbooks and/or reports by
qualified experts;
(c) A finding by a qualified wetland biologist that an appropriate hydrologic, soil,
and/or vegetation regime indicative of a wetland exists; or
(d) A reasonable belief by the Shoreline Administrator that a wetland may exist,
supported by a site visit and subsequent consultation with a qualified wetland biologist.
(5) Wetland Detailed Study. Requirements. If a wetland detailed study is required,it shall meet
the following requirements in addition to the basic requirements identified in PMC 29.25.020(10):
(a) The wetland detailed study shall be completed by a qualified wetlands biologist.
(b) The extent and boundaries of any wetlands shall be determined in accordance with
the methodology specified under subsection �2,� of this section. The boundary shall be
surveyed and mapped at a scale no smaller than one inch equals 200 feet.
(c) A wetland community description and wetland classification shall be completed,
consistent with the requirements of subsection�of this section.
(d) A written values and functions assessment shall be completed and address site
hydrology(source of water in the system,water quality, flood and stream flow attenuation,
seasonality of presence of water, if applicable), soils, vegetation, fish and wildlife habitat,
recreation, and aesthetics.
(e) The site plan for the proposed activity shall be mapped at the same scale as the
wetland map, showing the extent of the proposed activity in relationship to the surveyed
wetland, including a detailed narrative describing the project, its relationship to the
wetland, and its potential impact on the wetland.
(fl The proposed mitigation plan shall follow the general mitigation plan requirements
described in PMC 29.25.020(13), and address how the activity has been mitigated to avoid
and minimize adverse impacts to wetlands. The Wetland Mitigation in Washington State—
Part 2: Developing Mitigation Plans, Department of Ecology Publication No. 06-06-01 lb,
March 2006 (or any succeeding documents) should be used as a basis for mitigation.
(6) Wetland Detailed Study Exemptions. In addition to activities exempted in PMC
29.25.020(3) and PMC 29.35.080, the following activities shall not require a wetland detailed
study, provided they are conducted using accepted BMPs as determined by the Shoreline
Administrator:
(a) Conservation or preservation of soil, water, vegetation, fish, or other wildlife.
Ordinance—Amending PMC Title 29 - 101
(7) Basic Wetland Requirement. A regulated wetland or its required buffer can only be altered
if the wetland detailed study shows that;
(a) The proposed alteration does not degrade the quantitative and qualitative functions
of the wetland and results in no net loss of ecological function, or
(b) Any degradation can be adequately mitigated to protect the wetland function. Any
proposed alteration approved pursuant to this section shall include mitigation necessary to
mitigate the impacts of the proposed alteration on the wetland as described in this section
and PMC 29.25.020(13).
(8) Required Buffers.
(a) Buffer Requirements. The following buffers shall be required for wetlands based on
the rating of the wetland as outlined in subsection�and land-use intensity described in Table
29.25.030(8)(b).
(i) Any wetland created, restored, or enhanced as compensation for approved
wetland alterations shall also include the standard buffer required for the category
of the created,restored, or enhanced wetland.
Table 29.25.030(8)(a). Wetland Buffer Width Requirements
Other Measures
Buffer Width by Impact
Wetland Characteristics Recommended for
of Proposed Land Use
Protection
Category IV Wetlands (For wetlands scoring less than 16 points for all functions)
Score for all three basic Low—25 feet No recommendations at this
functions is less than 16 points time
Moderate—40 feet
High—50 feet
Category III Wetlands (For wetlands scoring 16 to 18 points or more for all functions)
Ordinance—Amending PMC Title 29- 102
Buffer Width by Impact Other Measures
Wetland Characteristics Recommended for
of Proposed Land Use
Protection
Moderate level of function for Low—75 feet No recommendations at this
habitat (score for habitat 5 to 7 time
points)
Moderate— 110 feet
*If wetland scores 8 to 9 habitat High— 150 feet
points, use Category II buffers
Score habitat for 3 to 4 points Low—40 feet No recommendations at this
time
Moderate—60 feet
High—80 feet
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 Low— 100 feet Maintain connections to
(score for habitat 8 to 9 points) other habitat areas
Moderate— 150 feet
High—200 feet
Moderate level of function for Low—75 feet No recommendations at this
habitat(score for habitat 5 to 7 time
points)
Moderate— 110 feet
High— 150 feet
High level of function for water Low—50 feet No additional surface
quality improvement and low for discharges of untreated
habitat(score for water quality 8 Moderate—75 feet �noff
High— 100 feet
Ordinance—Amending PMC Title 29 - 103
Other Measures
Buffer Width by Impact
Wetland Characteristics Recommended for
of Proposed Land Use
Protection
to 9 points; habitat less than 5
points)
Riparian forest Buffer width to be based on Riparian forest wetlands
score for habitat functions need to be protected at a
or water quality functions watershed or subbasin scale
Other protection based on
needs to protect habitat and
water quality functions
Not meeting above characteristic Low—50 feet No recommendations at this
time
Moderate—75 feet
High— 100 feet
Vernal pool Low— 100 feet No intensive grazing or
tilling of wetland
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
Ordinance—Amending PMC Title 29- 104
Other Measures
Buffer Width by Impact
Wetland Characteristics Recommended for
of Proposed Land Use
Protection
Moderate—60 feet
High—80 feet
Category I Wetlands (For wetlands scoring 22 points or more for all functions or having
the "Special Characteristics" identified in the rating system)
Wetlands of high conservation Low— 125 feet No additional surface
value discharges to wetland or its
Moderate— 190 feet
tributaries
High—250 feet
No septic systems within
300 feet of wetland
Restore degraded parts of
buffer
High level of function for habitat Low— 100 feet Restore degraded parts of
(score for habitat 8 to 9 points) buffer
Moderate— 150 feet
Maintain connections to
High—200 feet
other habitat areas
Moderate level of function for Low—75 feet No recommendations at this
habitat(score for habitat 5 to 7 time
points)
Moderate— 110 feet
High— 150 feet
Ordinance—Amending PMC Title 29 - 105
Other Measures
Buffer Width by Impact
Wetland Characteristics Recommended for
of Proposed Land Use
Protection
High level of function for water Low—50 feet No additional surface
quality improvement(8 to 9 discharges of untreated
points) and low for habitat(less Moderate—75 feet �noff
than 5 points) High— 100 feet
Not meeting above Low—50 feet No recommendations at this
characteristics time
Moderate—75 feet
High— 100 feet
Note:
See Table 29.25.030(8)(b) in this section, or as amended by Ecology, for types of
land uses that can result in low, moderate, and high impacts to wetlands.
(b) The Land Use Intensity Table describes the types of proposed land use that can result in
high,moderate, and low levels of impacts to adjacent wetlands.
Table 29.25.030(8 b . Land Use Intensi Table
Level of Impact from ,
Types of Land Use '�yt►sec{ �»� i���t»���<>+� �:�>f}tit��
Proposed
Land Use
• Commercial
• Urban
High
• Industrial
• Institutional
Ordinance—Amending PMC Title 29- 106
Level of Impact from
Types ofLand Use ����cz! ��n � ��n�n��,,� /��n��3�,
Proposed N�a+}��
�c.�'u��i<��;s;
Land Use
� A���.,.'�cc�rc�i�iiii,� � i; , „I .�i'\�,1..�.�..---..
• Residential (more than one unit/acre)
• Roads: federal and state highways, including on-ramps
and exits, state routes, and other roads associated with high-
impact land uses
• Railroads
• Agriculture with high-intensity activities (dairies,
nurseries, greenhouses, growing and harvesting crops
requiring annual tilling, raising and maintaining animals,
etc.
• Open/recreational space with high-intensity uses (golf
courses,ball fields, etc.)
• 5��1{ir I�irnls (utility ticale) ��-���;-t�l�i�1�-i�e�sft�-
`,��fiwo/anirioa or.l..�.,,c.o� n�a
' r. c,' Rr ' ..,-
v�4;,,.� .. .,1 4;11;,,n .,,...a ,- ,.�
„�., .,1� e�„ 1
�
��-ii-�i-'r��}Sd�ja-FE'�'��iH-H-��.�H�-E9H£S csz`li�(�v�c"ciT
.`1<�4}
• }}E)�>�-Nv--��t 3}�;
Moderate • Residential (1 unit/acre or less)
Ordinance—Amending PMC Title 29 - 107
Level of Impact from ,
Types of Land Use �����.�c�� �rF, � ;,:;�.:,o��� 1°:� ...,;��
Proposed
� ..6
Land Use '
• Roads: Forest Scrvicc rc>aci:� ar�ci r��G�cl:� ��s�<7�iatcci «itll
moderate impact land uscs
• Open/recreational space ���itlz moac;r���tc-intc��sity usc�
(parks with paved trails or play�-ounds,bikin�jog in .
etc.
• Agriculiure with moderate-intensity uses (orchards, hay
tields, light or rotational grazing, etc.)
r,ao,..,+o ��er�;��,„ e io n . �t��•�s �kit� ��l�i��<�
�?
=<l ,.. ,
�;rt� � �
• Utility corridor or right-of-way by
utilities and including access/maintenance :�.
• �i 1����n�u
1-z}{�{�.i�ii�. i�l;:�tiici:,�:. iit.iu_� {.�.�i< _-�i Y`Sifbet-ll�ttti� �.;�{iii. �
;-�����e-�g�����a�sl
Low . .
,��-�i��3�;�:�:e-d�<, ,.:� :_ _ ,_:.. , _ _. ,_:.
Ordinance—Amending PMC Title 29- 108
Level of Impact from
Types of Land Use . ' .
Proposed �"h����e i��
Land Use � �' �
y_l �e�--��-��s
, �T,���;,.. , ....;.l�.r . ,;+t,,,,,+ „ ..,,�ilt�i'3te }'H��c� iit'�E{Ti�-£rc�-„--�=c`c'1
(c) Measuring Buffer Dimensions. Wetland buffers shall be measured horizontally in a
landward direction from the delineated wetland edge.
(d) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a
continuous slope of 25 percent or greater, the buffer shall include such sloping areas.
Where the horizontal distance of the sloping area is greater than the required standard
buffer, the buffer shall be extended to a point 25 feet beyond the top of the bank of the
sloping area.
(9) Buffer Width Modifications.
(a) Administrative Buffer Width Averaging. The required buffer widths established in
this SMP may be modified by the Shoreline Administrator for a development on existing
legal lots of record in place at the time of adoption of this SMP.
Buffer widths may be modified in accordance with the provisions of this section only where
the applicant demonstrates all of the following:
(i) Averaging is necessary to avoid an extraordinary hardship to the applicant
caused by circumstances peculiar to the property;
(ii) The designated buffer area contains variations in sensitivity to ecological
impacts due to existing physical characteristics or the character of the buffer varies
in slope, soils, or vegetation;
(iii) The total area contained within the buffer after averaging is no less than that
contained within the standard buffer prior to averaging;
(iv) The minimum buffer width at its narrowest point shall not be less than 65
percent of the required buffer width established under this SMP; and
(v) The buffer width averaging does not result in a net loss of ecological
function.
Ordinance—Amending PMC Title 29 - 109
(b) Wetland Buffer Reductions.
(i) For wetlands that score moderate or high for habitat function, the width of
the buffer can be reduced if the following criteria are met:
(A) A relatively undisturbed vegetative corridor of at least 100 feet in
width is protected between the wetland and any other priority habitats; and
(B) The protected area is preserved by means of easement, covenant or
other measure; and
(C) Measures identified in subsection (9)(b�ii)(A) of this section are
taken to minimize the impact of any proposed land use.
(ii) For wetlands that score low for habitat function, the buffer width can be
reduced to that required for moderate land-use impacts by applying the following
measures to minimize the impacts of the proposed land uses:
(A) Wetland buffers may be administratively modified based on
reducing the intensity of impacts from land uses. Buffer widths required for
high-intensity land uses may be reduced to those required for moderate land
use intensity under the following conditions:
• Direct lights away from the wetland and buffer.
• Locate activities that generate noise away from the wetland and buffer.
•Establish covenants limiting use of pesticides within 200 feet of a wetland.
• Implement integrated pest-management programs.
• Infiltrate or treat, detain and disperse runoff into buffer.
•Post signs at the outer edge of the critical area or buffer to clearly indicate
the location of the critical area according to the direction of the City.
• Plant buffer with native vegetation appropriate for the region to create
screens or barriers to noise, light, and human intrusion, as well as to
discourage domestic animal intrusion.
• Use low-impact development where appropriate.
• Establish a permanent conservation easement to protect the wetland and
the associated buffer.
(10) Compensatory Mitigation. As a condition of any development permit or approval, which
results in on-site loss or degradation of regulated wetlands and/or wetland buffers, the City may
require the applicant to provide compensatory mitigation to ensure no net loss of ecological
function and to offset impacts resulting from the actions of the applicant. The following standards
shall apply:
Ordinance—Amending PMC Title 29- 110
(a) The mitigation shall be conducted on property that shall be protected and managed
to avoid further loss or degradation. The applicant shall provide for long-term preservation
of the mitigation area.
(b) Mitigation ratios shall be consistent with the following entitled Washington State
Department of Ecology manual; Wetland Mitigation in Washington State, Part 1: Agency
Policies and Guidance(Version , _ _
AT� ) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans
(Version 1, Publication No. 06-06-01 lb, March 2006). See Table 29.25.030(13), Wetland
Mitigation Ratios for Eastern Washington.
(c) Mitigation shall follow an approved mitigation plan and reflect the
restoration/creation ratios specified above.
(d) The applicant shall enter into a wetland mitigation monitoring agreement with the
City as a condition of approval. The monitoring program will continue for at least eight
years from the date of plant installation. Monitoring will continue for 10 years where
woody vegetation(forested or shrub wetlands) is the intended result.
These communities take at least eight years after planting to reach 80 percent canopy
closure. Reporting for a 10-year monitoring period shall occur in years 1,2, 3, 5,7, and 10.
Monitoring in all instances shall be bonded. Reporting results of the monitoring data to the
City is the responsibility of the applicant.
(e) Mitigation shall be completed prior to or concurrently with wetland loss, or, in the
case of an enforcement action, prior to continuation of the activity by the applicant.
(fl On-site mitigation is generally preferred over off-site mitigation.
(g) Off-site mitigation allows replacement of wetlands away from the site on which the
wetland has been impacted by a regulated activity. Off-site mitigation will be conducted in
accordance with the restoration/creation ratios described above and in Table 29.25.030(13),
Wetland Mitigation Ratios(for Eastern Washington). Off-site mitigation shall occur within
the same drainage basin as the wetland loss occurs; provided, that Category IV wetlands
may be replaced outside of the watershed if there is no reasonable alternative. Off-site
mitigation may be permitted where:
(i) On-site mitigation is not feasible due to hydrology, soils, or other factors.
(ii) On-site mitigation is not practical due to probable adverse impacts from
surrounding land uses or would conflict with a federal, state, or local public safety
directive.
(iii) Potential functional values at the site of the proposed restoration are greater
than the lost wetland functional values.
Ordinance—Amending PMC Title 29 - 111
(h) When the wetland to be altered is of a limited functional value and is degraded,
mitigation shall be of the wetland community types needed most in the location of
mitigation and those most likely to succeed with the highest functional value possible.
(i) Except in the case of cooperative mitigation projects in selecting mitigation sites,
applicants shall pursue locations in the following order of preference:
(i) Filled, drained, or cleared sites that were formerly wetlands and where
appropriate hydrology exists.
(ii) Upland sites adjacent to wetlands, if the upland is significantly disturbed and
does not contain a mature forested or shrub community of native species,and where
the appropriate natural hydrology exists.
(j) Where out-of-kind replacement is accepted, greater restoration/creation ratios may
be required.
(k) Construction of mitigation projects shall be timed to reduce impacts to existing
wildlife and plants. Construction shall be timed to ensure that grading and soil movement
occurs during the dry season, and planting of vegetation shall be specifically timed to the
needs of target species.
(11) Innovative Mitigation.
(a) One or more applicants, or an organization may undertake a mitigation project
together if it is demonstrated that all of the following circumstances exist:
(i) Creation of one or several larger wetlands may be preferable to many small
wetlands;
(ii) The group demonstrates the organizational and fiscal capability to act
cooperatively;
(iii) The group demonstrates that long-term management of the mitigation area
will be provided; and
(iv) There is a clear potential for success of the proposed mitigation at the
identified mitigation site.
(b) Wetland mitigation and banking programs shall be consistent with the provisions
outlined in the Department of Ecology's publication Wetland Mitigation in Washington
State, Part 1: Agency Policies and Guidance (Version 1, Publication No. 06-06-011a,
March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation
Plans (Version 1, Publication No. 06-06-01b, March 2006).
Ordinance—Amending PMC Title 29- 112
(i) Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
(A) The bank is certified under Chapter 173-700 WAC;
(B) The Shoreline Administrator determines the wetland mitigation
bank provides appropriate compensation for the authorized impacts; and
(C) The proposed use of credits is consistent with the terms and
conditions of the bank's certification.
(ii) Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the bank's certification.
(iii) Credits from a certified wetland mitigation bank may be used to compensate
for impacts located within the service area specified in the bank's certification. In
some cases, the service area of the bank may include portions of more than one
adjacent drainage basin for specific wetland functions.
(12) Mitigation Exceptions. Requirements for mitigation do not apply when a wetland alteration
is intended exclusively for the enhancement or restoration of an existing regulated wetland, and
the proposal will not result in a loss of wetland function and value, subject to the following
conditions:
(a) The enhancement or restoration project shall not be associated with a development
activity.
(b) A restoration plan shall be prepared and approved as described in subsection 13
of this section.
(13) Restoration. Restoration is required when a wetland or its buffer has been altered in
violation of this chapter. The following minimum performance standards shall be met for the
restoration of a wetland; provided, that if it can be demonstrated by the applicant that greater
functional and habitat values can be obtained, these standards may be modified:
(a) The original wetland configuration should be replicated, including depth, width,
and length at the original location.
(b) The original soil types and configuration shall be replicated.
(c) The wetland, including buffer areas, shall be replanted with native vegetation,
which replicates the original species, sizes, and densities.
(d) The original functional values shall be restored,including water quality and wildlife
habitat functions.
Ordinance—Amending PMC Title 29- 113
(e) Required replacement ratios are shown in the Re-establishment or Creation column
of Table 29.25.030(13), Wetland Mitigation Ratios for Eastern Washington.
(fl �A restoration plan shall be prepared and approved prior to commencement of
restoration work. Such a plan shall be prepared by a qualified wetland biologist and
describe how the proposed actions meet the minimum requirements described above. The
Shoreline Administrator shall,at the applicant's expense,seek expert advice in determining
the adequacy of the Restoration Plan. Inadequate plans shall be returned to the applicant
for revision and resubmittal.
(14) Wetland mitigation ratios are provided in the Table 29.25.030(14).
Table 29.25.030(14 . Wetland Miti ation Ratios for Eastern Washin on
Category :� �
� �: �,i �e— �_„i;,,i;k�.:,::�;��
� Re' e��ea�ie�i
�-�s1�1_ 1� establishment Rehabilitation ��a � Enhancement
. .,+�., or Creation �
n�,e__._� � �., <
�„a,��,;e;�.,�;,,,��
�`-�•�r����'� Pr�c�cr�ati��ii'
� :1--��.-tt:�, . .. .. .
Category IV 1.5:1 3:1 ; �� 6:1
; ; �Z.r
��� Category III 2:1 4:1 �, ���� 8:1
'� - , � lZ !� ;�t.l � .. ,_ �
Category II 3:1 6:1 12:1
Category I � ' � ' � � � ' � �
4:1 8:1 16:1
; ���
�:.,1���. � � �..'t�i'�.... t�''< _t�Cl'
��_ ,. �,f�, �� .� -�
i t �
� i . .
��i-3-1
Ordinance—Amending PMC Title 29- 114
Category � �e-
--e� �
���d Re' e��n
�e�slmpact establishment Rehabilitation �� Enhancement
ed wetland or Creation E3r�:r � �r
� �
�
�� 1'reservatiorr;
�Ie� �[��i�e��e
;a� �,a
��
�
�e-
Notes:
1
,cc r i c:ne�G��2���2--t'l�'2T�g��E'�@�-6�—liii�6'b'£�i4E�i�-�6��vr�3(..�i�� D,.,,,",�„1� �„
tttt
,
. , .
.Ratios reflect the
amount of compensation: amount of impact.
2 Natural Heritage sites, alkali wetland, and bogs are considered irreplaceable wetlands because
_ �3 perform some functions that cannot be replaced throu compensatorv mitigation. Impacts to
such wetlands would therefore result in a net loss of some functions no matter what kind of
compensation is proposed. The categorv of impacted wetland is based on scores for functions.
Compensation ratios in this table generally do not apply when impacts involve a wetland whose
cate�o is based on special characteristics. Compensation ratios and options for impacts to these
typcs of wctl�nds arc discusscd in Chaptcrs 6I3._5. .`' to 6I3.5.8.
Reference:
Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and
U.S. Environmental Protection Agency Region 10, _��-il - . Wetland Mitigation
in Washington State— Part 1: Agency Policies and Guidance (Version ). Washington State
Department of Ecology Publication No. �- . Olympia, Washington (2006).
E=Enhancement
R/C =Re-establishment or Creation
RH =Rehabilitation
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.520.]
Ordinance—Amending PMC Title 29 - 115
29.25.040 Fish and wildlife habitat.
(1) Purpose. The purpose of this section is to provide a framework to evaluate the
development, design, and location of buildings to ensure that critical fish and wildlife habitat
within the shoreline jurisdiction is preserved and protected, in order to ensure no net loss of
ecological function and avoid habitat fragmentation. These regulations seek to protect critical
habitat areas so that populations of endangered, threatened, and sensitive species are given
consideration during the shoreline development review process.
(2) Fish and Wildlife Habitat Area Designation and Classification Criteria.
(a) Fish and wildlife habitat areas shall include the following:
Table 29.25.040 2 a . Criteria for Classification of Fish and Wildlife Habitat Areas
Habitat Area Characteristic/Classification Source
(1)Areas with which state or federally WDFW, USFWS
designated endangered,threatened, and (NOAA)
sensitive species have a primary association
(2)Naturally occurring under 20 acres in size Ecology
and their submerged aquatic beds that provide
fish or wildlife habitat
(3)Waters of the state classified as fish and WDNR, Ecology,
wildlife habitats under the Growth WDFW, affected
Management Act, Chapter 36.70A RCW, and Indian tribes
WAC 365-190-080(5)(c)(v)
• Columbia River
• Snake River
(4) State Natural Area Preserves and Natural WDNR
Resource Conservation Areas
Ordinance—Amending PMC Title 29- 116
Habitat Area Characteristic/Classification Source
(5) Habitat areas of local importance as WDFW
determined by resolution of the City Council
(b) All areas within the City of Pasco's shoreline jurisdiction meeting one or more of
these criteria are hereby designated as critical areas and are subject to the provisions of this
section.
(c) Mapping information sources for identification of fish and wildlife habitat
conservation areas include,but are not limited to:
(i) WDFW Priority Habitat and Species Maps.
(ii) Wetlands mapped under the National Wetland Inventory by the U.S.
Department of Interior; USFWS.
(iii) WDFW/WDNR, Washington rivers inventory system maps.
(iv) Maps and reference documents in the City of Pasco SMP Inventory,
Analysis, and Characterization Report, as applicable.
(3) Fish and Wildlife Habitat Area Rating. Fish and wildlife habitat areas shall be rated as
primary or secondary according to the criteria in this section.
Table 29.25.040(3 . Classification b Fish and Wildlife Areas
Habitat Area Classification Source
Primary habitats are those areas that are valuable to fish and
wildlife and support a wide variety of species due to an
undisturbed nature, diversity of plant species, and structure,
presence of water, or size, location or seasonal importance and
Primary habitats �,hich meet any of the following qualifying criteria:
(1) The documented presence of WDFW, USFWS
species listed by the federal (NOAA)
Ordinance—Amending PMC Title 29- 117
Habitat Area Classification Source
government or State of Washington as
endangered, threatened, or sensitive.
(2) Those rivers identified as Ecology
shorelines of the state under the City of
Pasco Shoreline Master Program, and
streams within the shoreline
jurisdiction.
(3)Those wetlands identified as PMC 29.25.030(3),
Category I Wetlands, as defined in this Wetland Rating
title. (Classification)
Secondary habitats are those which are valuable to wildlife and
support a wide variety of species due to an undisturbed nature,
Secondary diversity of plant species, structure,presence of water, or size,
habitats location or seasonal importance,but do not meet any of the
qualifying criteria listed in items 1 through 3 in the Primary
Habitats above.
(4) Determination of Need for Fish and Wildlife Habitat Area Detailed Study.
(a) A detailed study shall be required for any activity that is within 200 feet of a fish
and wildlife habitat area.
(b) Due to the sensitive nature of certain species, the applicant shall notify the City if
the proposed activity will occur within 660 feet(one-eighth of a mile)of a fish and wildlife
habitat area; the City may then contact appropriate agencies and determine if a detailed
study should be prepared,based on the sensitivity of the site.
(c) The Shoreline Administrator shall require a detailed study of a habitat area if the
following indicators are present:
(i) The area is listed in the City's critical areas map as a fish and wildlife habitat
area;
�Ordinance—Amending PMC Title 29 - 118
(ii) Documentation exists that shows that any of the classification criteria listed
in subsection�3,�of this section are present,based on any of the references listed in
this section;
(iii) A qualified fish and wildlife biologist finds that habitat conditions
appropriate to meet one or more of the classification criteria listed above in
subsection�3,�of this section exist; or
(iv) The Shoreline Administrator possesses a reasonable belief that a Fish and
Wildlife Habitat may exist. Such reasonable belief shall be supported by a site visit
and subsequent consultation with a qualified fish and wildlife biologist.
(5) Fish and Wildlife Habitat Area Detailed Study Requirements. If a fish and wildlife habitat
area detailed study is required, it shall include and/or meet the following requirements in addition
to the basic requirements identified in PMC 29.25.020�10).
(a) The detailed study shall be completed by a qualified fish and wildlife biologist with
expertise in assessing the relevant species and habitats. Evidence of qualifications shall be
provided with the detailed study.
(b) The site�lan and map submitted shall be of a scale no smaller than one inch equals
200 feet.The site plan shall indicate all fish and wildlife habitat critical areas,as determined
by the criteria in subsection�of this section and shall include the area within 200 feet of
the subject property. The applicant may prepare the site plan; however, it is subject to
review by the qualified fish and wildlife biologist. The extent and boundaries of the habitat
shall be determined by the qualified fish and wildlife biologist.
(c) A habitat description shall be included, including a habitat rating as described in
subsection �3,� of this section, and a statement of functions and values providing
information on the species in question and the associated plant and animal communities. A
complete list of species and special habitat features shall be included.
(d) A regulatory analysis shall be included,including a discussion of any federal, state,
tribal, and/or local requirements or special management recommendations developed
specifically for species and/or habitats located on the site.
(e) The proposed mitigation plan shall address how the proposed development activity
has been mitigated to avoid and minimize adverse impacts to the habitat and shall follow
the general mitigation plan requirements described in subsection�3,�of this section.
(fl A statement of management and maintenance practices shall be included,including
a discussion of ongoing maintenance practices that will ensure protection of all fish and
wildlife habitat conservation areas on site after the project has been completed.
Ordinance—Amending PMC Title 29 - 119
(g) Habitat and Buffer Recommendation. Riparian habitat areas: For the protection of
habitat along rivers, the buffer widths provided in Table 29.15.020(2), Shoreline
Development Standards Matrix apply.
(h) Habitats and species that have been identified as priority species or priority habitats
by the WDFW Priority Habitats and Species program should not be reduced and shall be
preserved through regulation, acquisition, incentives, and other techniques.
(6) Minimum Performance Standards Requirements. This section describes the minimum
performance standard requirements for habitat areas, including riparian habitats, anadromous
salmonids, and specific requirements for bald eagle habitat areas.
(a) Riparian Habitats.
(i) Buffer Requirements. Native vegetation standard buffers for activities
occurring adjacent to streams within fish and wildlife habitat areas shall be
maintained. Buffer widths shall be based on the extent of prior stream channel
modification. Riparian buffers are determined by whether or not a salmonid habitat
is present.
(ii) The buffer distances from the OHWM are provided in Table 29.15.020(2),
Shoreline Development Standards Matrix, apply.
(b) Bald Eagle Habitat. Bald eagle habitat shall be protected pursuant to the
Washington State bald eagle protection rules (WAC 232-12-292). A habitat management
plan shall be developed by the applicant in coordination with the WDFW whenever
activities that alter habitat are proposed near a verified nest territory or communal roost.
(c) Wetland Habitat. All habitat sites containing wetlands shall conform to the wetland
development performance standards set forth in PMC 29.25.030, Wetlands, and shall
conform to the wetland mitigation and restoration provisions set forth in PMC 29.25.030(9)
through 13 .
(d) Anadromous Salmonids.
(i) Activities,uses, and alterations proposed to be located in water bodies used
by anadromous salmonids, or in areas that affect such water bodies, shall give
special consideration to the preservation and enhancement of anadromous salmonid
habitat, including,but not limited to, the following:
(A) Activities shall be timed to occur only during the allowable work
window, as designated by the WDFW;
(B) The activity is designed so that it will minimize the degradation of
the functions or values of the fish habitat or other critical areas; and
Ordinance—Amending PMC Title 29- 120
(C) Any impact on the functions and values of the habitat conservation
area are mitigated in accordance with an approved detailed study.
(ii) Structures that prevent the migration of anadromous salmonids shall not be
allowed in the portion of the water bodies currently used by salmonids.Fish bypass
facilities shall be provided that allow the upstream migration of adult fish and
prevent juveniles migrating downstream from being trapped ar harmed.
(iii) Fills waterward of the OHWM, when authorized, shall minimize the
adverse impacts on anadromous salmonids and their habitat, shall mitigate any
unavoidable impacts, and shall only be allowed for water-dependent uses or for
uses that enable public access or recreation for significant numbers of the public.
(7) Buffer Width Modifications.
(a) Administrative Buffer Width Averaging. The required buffer widths established in
this SMP may be modified by the Shoreline Administrator for a development on existing
legal lots of record in place at the time of adoption of this SMP, in accordance with the
provisions of this section only where the applicant demonstrates all of the following:
(i) Averaging is necessary to avoid an extraordinary hardship to the applicant
caused by circumstances peculiar to the property;
(ii) The designated buffer area contains variations in sensitivity to ecological
impacts due to existing physical characteristics or the character of the buffer varies
in slope, soils, or vegetation;
(iii) The total area contained within the buffer after averaging is no less than that
contained within the standard buffer prior to averaging;
(iv) The minimum buffer width at its narrowest point shall not be less than �
percent of the required buffer width established under this SMP; and
(v) The buffer width averaging does not result in a net loss of ecological
function.
(b) Exception for Lots Adjacent to Pre-Existing Development. The required riparian
buffer width listed above shall not apply in cases where the adjacent pre-existing
development (vested prior to the effective date of this section) does not meet these
established standards. In such cases,the buffer may be reduced by one-third the difference
between the required buffer and the larger of the two adjacent buffers.
Adjacency in this situation shall be defined as being within 50 feet of the side property
lines. If there is only clearing on one side of the proposed activity within 50 feet of the side
property line, then the buffer can be reduced as described above.
Ordinance—Amending PMC Title 29- 121
(c) Shoreline Buffer Reductions. Shoreline buffers may be administratively modified
as outlined below:
(i) Where a legally established road or railway, or other type of continuous
development, crosses or extends along a shoreline or critical area buffer and is
wider than 20 feet, the Shoreline Administrator may approve a modification of the
minimum required buffer width to the waterward edge of the improved continuous
development provided the upland side of the continuous development area:
(A) Does not provide additional protection of the shoreline, water body
or stream; and
(B) Provides little (less than 20 percent)to no biological, geological, or
hydrological buffer functions relating to the riparian and upland portions of
the buffer.
(ii) Standard Buffer Reduction. Reductions of up to 75 percent of the standard
required buffer may be approved if the applicant demonstrates to the satisfaction of
the Shoreline Administrator that a mitigation plan developed by a qualified
professional pursuant to PMC 29.25.020(13)indicates that enhancing the buffer(by
removing invasive plants or impervious surfaces, planting native vegetation,
installing habitat features, or other means) will result in a reduced buffer that
functions at a higher level than the existing standard buffer.
(8) Allowed Uses in Fish and Wildlife Habitat Areas and Stream Buffers.
(a) Roads, Bridges, and Utilities. Road, bridge, and utility maintenance, repair, and
construction may be permitted across a fish and wildlife habitat conservation area and/or
buffers under the following conditions:
(i) It is demonstrated to the Shoreline Administrator that there are no
alternative routes that can be reasonably used to achieve the proposed development;
(ii) The activity will have minimum adverse impact to the fish and wildlife
habitat conservation area;
(iii) The activity will not significantly degrade surface or groundwater; and
(iv) The intrusion into the fish and wildlife habitat conservation area and its
buffers is fully mitigated to achieve no net loss of ecological functions.
(b) Limited park or recreational access to a fish and wildlife habitat area and/or stream
buffers; provided, that all of the following are satisfied:
(i) The access is part of a public park or a recreational resort development that
is dependent on the access for its location and recreational function;
Ordinance-Amending PMC Title 29 - 122
(ii) The access is limited to the minimum necessary to accomplish the
recreational function; and
(iii) The intrusion is fully mitigated to achieve no net loss of ecological
functions.
(c) Low-impact uses and activities that are consistent with the purpose and function of
the stream setback and do not detract from its integrity. Examples of low-impact uses and
activities include removal of noxious vegetation and storm water management facilities,
such as grass-lined swales.
(9) Additional Protection Measures.
(a) Temporary and permanent erosion and sedimentation controls shall be provided to
prevent the introduction of sediments or pollutants to water bodies or watercourses within
the habitat area.
(b) Clearing and grading shall be limited to that necessary for establishment of the use
or development and shall be conducted to avoid significant adverse impacts and minimize
the alteration of the volume,rate,or temperature of freshwater flows to or within the habitat
area and any buffer required by this section.
(c) The proposed development shall not discharge hazardous substances to the habitat
area that would have significant adverse impacts on that area.
(d) Stream flows shall be protected from changes to the normal flow, temperature,
turbidity, and discharge to the maximum extent practicable.
(e) Septic drainfields and any required replacement drainfield area shall be at least 100
feet from the edge of any habitat area.
(fl Exceptions to the above protection standards may be allowed by the Shoreline
Administrator based on a special report prepared by a qualified biological professional that
demonstrates that such exception would not adversely impact the habitat system,functions,
and values of the habitat area.
(g) Activities may only be permitted in a stream or stream buffer if the applicant can
show that the proposed activity will not degrade the functions and values of the stream,
stream buffer, or other critical area.
(h) Stream Crossings. Stream crossings shall be minimized, but when necessary, they
shall conform to the applicable provisions of this SMP and other laws (see WDFW or
Ecology).
Ordinance—Amending PMC Title 29 - 123
(i) Storm water conveyance facilities. Storm water conveyance facilities may be
permitted;provided,that they are only located in the buffer when no practicable alternative
exists outside the buffer. Storm water facilities shall be planted with native plantings where
feasible to provide habitat, and/or less intrusive facilities should be used.
(j) Floodway-Dependent Structures. Floodway-dependent structures or installations
may be permitted within streams or their buffers if allowed or approved by other ordinances
or other agencies with jurisdiction. See PMC 29.25.060, Flood hazard areas, for more
information on allowed uses and activities within flood hazard areas.
(k) Trails. The criteria for alignment, construction, and maintenance of trails within
wetlands and their buffers shall apply to trails within stream buffers. Outer buffer trails
may not exceed 20 feet in width and may be constructed with impermeable surface
materials if on-site infiltration is utilized.
(1) Utilities. The criteria for alignment, construction, and maintenance within the
wetland buffers and PMC 29.20.160,Utilities, shall apply to utility corridors within stream
buffers. In addition, corridors shall not be aligned parallel with any stream channel unless
the corridor is outside the buffer, and crossings shall be minimized. Installation shall be
accomplished by boring beneath the scour depth and hyporheic zone of the water body
where feasible. Crossings shall be contained within the existing footprint of an existing or
new road or utility crossing where possible. Otherwise, crossings shall be at an angle
greater than 60 degrees to the centerline of the channel. The criteria for stream crossings
shall also apply.
(m) Native vegetation landscaping schemes shall be provided that do not require
application of herbicides, pesticides, or fertilizer to maintain robust growth.
(n) No net-effective impervious surfaces may be created in the outer buffer area beyond
what is otherwise permitted.
(o) No structures or related improvements, including buildings or decks, shall be
permitted within the stream buffer, except as otherwise allowed in PMC 29.25.020,
General Provisions, or in this SMP. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.530.]
29.25.050 Aquifer recharge areas.
(1) Purpose. The purpose and intent of this section is to safeguard groundwater resources
within the shoreline jurisdiction from hazardous substance and hazardous waste pollution by
controlling or abating future pollution from new land uses or activities.
(2) Aquifer Recharge Area Designation Criteria.
(a) Aquifer recharge areas shall be classified as follows:
Table 29.25.050(2)(a). Designation of Aquifer Recharge Areas
Ordinance—Amending PMC Title 29 - 124
Aquifer Recharge Area
Source
Characteristic/Designation
(1) Wellhead protection areas pursuant to WA Department of
Chapter 246-290 WAC Health, US
Environmental
Protection Agency
(2) Areas designated for special protection Ecology
pursuant to a groundwater management
program, Chapters 90.44, 90.48, and 90.54
RCW and Chapters 173-100 and 173-200
WAC
(3) Areas overlying unprotected aquifers. Such USGS, WDNR
aquifers shall be identified through any existing
competent hydrogeologic study
(4) Areas within identified unprotected aquifers WDFW
but possessing the following characteristics:
• Slopes less than 15 percent
• Coarse alluvium or sand and gravel in the soil
profile and no known impermeable layers
(b) Any project area located within 200 feet of an area meeting the aquifer designation
or soil classification criteria, or mapped as such, shall be treated as if it is located within
the mapped area.
(c) All areas within the City of Pasco meeting these criteria,regardless of the presence
or lack of any formal identification as such, are hereby designated as critical areas and are
subject to the provisions of this title.
(3) Aquifer Recharge Area Classification.
Ordinance—Amending PMC Title 29- 125
(a) Aquifer recharge areas are classified as high,moderate, or low significance aquifer
recharge areas according to the following criteria:
Table 29.25.050(3)(a). Classification of A uifer Vulnerabili
Vulnerability
Documentation and Data Sources
Classification
High significance aquifer recharge areas are
areas with slopes of less than 15 percent
High Vulnerability
underlain by coarse alluvium or sand and
gravel
Moderate significance aquifer recharge areas
are:
(1) Areas with slopes of less than 15 percent
Moderate
underlain by fine alluvium, silt, clay, glacial
Vulnerability
till, or deposits from the Electron Mudflow
(2) Areas with slopes of 15 percent to 30
percent underlain by sand and gravel
Moderate significance aquifer recharge areas
are:
Low Vulnerability (1) Areas with slopes of 15 percent to 30
percent underlain by silt, clay, or glacial till
(2) Areas with slopes greater than 30 percent
(4) Determination of Need for Aquifer Recharge Detailed Study.
(a) The following infortnation resources shall be utilized along with other
documentation where noted:
Ordinance—Amending PMC Title 29- 126
(i) Studies from the USGS;
(ii) City of Pasco wastewater facility plan;
(iii) Soil Survey for Franklin Conservation District.
(b) Requirements for High Significance Aquifer Recharge Area. An aquifer recharge
area detailed study shall be required for any activity occurring on or adjacent to a site that
is,or contains,a high significance aquifer recharge area if the activity involves one or more
of the following uses:
(i) Hazardous substance processing or handling;
(ii) Hazardous waste treatment and storage facility;
(iii) Disposal of on-site sewage for subdivisions, short plats, and commercial
and industrial sites; or
(iv) Landfills.
(5) Aquifer Recharge Area Detailed Study. When required as described in subsection � of
this section, an aquifer recharge area detailed study shall meet the following requirements:
(a) The detailed study shall be prepared by qualified ����t��f professional with
experience in preparing hydrogeologic assessments. Evidence of these qualifications shall
be provided with the detailed study.
(b) The detailed study shall contain a map, of a scale no smaller than one inch equals
200 feet, of the site and the extent of the high significance aquifer recharge area as
determined by the criteria in subsection�of this section.
(c) The detailed study shall contain a hydrogeologic assessment, including, at a
minimum:
(i) Information sources;
(ii) Geologic setting;
(iii) Background water quality;
(iv) Location of, and depth to, water tables;
(v) Recharge potential of the facility site;
(vi) Groundwater flow direction and gradient;
Ordinance—Amending PMC Title 29- 127
(vii) Currently available data on wells within 1,000 feet of the site;
(viii) Currently available data on springs within 1,000 feet of the site;
(ix) Surface water location and recharge potential;
(x) Water source supply to the activity(e.g.,high capacity well);
(xi) Any sampling schedules necessary;
(xii) Discussion of the effects of the proposed project on the groundwater
resource; and
(xiii) Other information as may be required by the City.
(d) The detailed study shall include a mitigation plan detailing how the activity will
offset any impact on the resource and control risk of contamination to the aquifer.
(6) Aquifer Recharge Area Detailed Study Special Exemptions. In addition to the exemptions
listed in PMC 29.25.020(3) and 29.35.080, Exemptions for shoreline substantial development
permits, sewer lines and appurtenances shall be exempt from the requirement to prepare an aquifer
recharge area detailed study.
(7) Performance Standards Basic Requirements.
(a) Any activity listed in PMC 29.25.050(4)(b) may only be permitted in a high
significance aquifer recharge area if the detailed study documents that the activity does not
pose a threat to the aquifer system and the proposed activity will not cause contaminants
to enter the aquifer.
(b) All activities located in an aquifer recharge area shall minimize the creation of
impervious surfaces to the extent practicable without creating a greater risk to the aquifer
recharge area.
(8) Storage Tanks. All Storage tanks located in an aquifer recharge area must conform to the
following requirements. Ecology also regulates and authorizes permits for underground storage
tanks (Chapter 173-360 WAC).
(a) Underground Tanks. All new underground storage facilities used or to be used for
the underground storage of hazardous substances or hazardous wastes shall be designed
and constructed so as to:
(i) Prevent releases due to corrosion or structural failure for the operational life
of the tank;
Ordinance—Amending PMC Title 29 - 128
(ii) Be protected against corrosion, constructed of noncorrosive material, steel
clad with a noncorrosive material, or designed to include a secondary containment
system to prevent the release or threatened release of any stored substances; and,
(iii) Use material in the construction or lining of the tank that is compatible with
the substance to be stored.
(b) Aboveground Tanks.
(i) No new aboveground storage facility or part thereof shall be fabricated,
constructed, installed, used, or maintained in any manner which may allow the
release of a hazardous substance to the soil, groundwater, or surface waters within
an aquifer recharge area.
(ii) No new aboveground tank or part thereof shall be fabricated, constructed,
installed, used, or maintained without having constructed around or under it an
impervious containment area enclosing or underlying the tank or part thereof.
(iii) New aboveground tanks will require a secondary containment system,
either built into the tank structure or a dike system built outside the tank, for all
tanks located within an aquifer recharge area. [Ord. 4314 § 2, 2016; Code 1970
§ 29.01.540.]
29.25.060 Flood hazard areas.
(1) Purpose. The purpose of this section is to promote the public health, safety, and welfare of
the community by recognizing potential hazards that may be caused by development in areas where
severe flooding is anticipated to occur.The intent of this section is to assist with minimizing public
and private losses due to flood hazards by avoiding development in hazard areas within the
shoreline jurisdiction and/or implementing protective measures contained in this SMP.
(2) Classification. The following categories of frequently flooded areas are established for the
purposes of classification:
(a) Floodway. Floodways are defined as the channel of a stream and adjacent land
areas, which are required to carry and discharge flood waters or flood flows of any river or
stream associated with a regulatory flood.
(b) Special Flood Hazard Areas. The area adjoining the floodway, which is subject to
a one percent or greater chance of flooding in any given year as determined by the Federal
Insurance Administration.
(c) Floodplain. The floodway and special flood hazard areas.
These flood areas have been delineated based on studies completed by FEMA for the
National Flood Insurance Program.
Ordinance-Amending PMC Title 29- 129
(3) Designation.
(a) All areas within the City meeting the frequently flooded designation criteria of
� subsection � of this section are hereby designated critical areas and are subject to the
provisions of this section.
(b) The approximate location and extent of frequently flooded areas are shown on the
Flood Insurance Rate Maps (FIRMs) prepared for the City of Pasco and Franklin County
by FEMA, as part of the National Flood Insurance Program.
(4) Management. PMC Title 16, Buildings and Construction, and Chapter 24.20 PMC, Flood
Hazard Protection regulate proposed activities in all areas of special flood hazards. If allowed, any
structures permitted in the designated flood areas are subject to the floodproofing regulations
provided in PMC Title 16 and Chapter 24.20 PMC.
(5) Floodways. Special flood hazard areas established in this section are areas that are
extremely hazardous due to the velocity of flood waters, which carry debris, potential projectiles,
and erosion potential. The following provisions apply to special flood hazard areas:
(a) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered professional
engineer or architect is provided demonstrating that encroachments shall not result in an
increase in flood levels during the occurrence of the base flood discharge.
(b) If subsection 5 a of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Chapter 24.20 PMC. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.550.]
29.25.070 Geologic hazard areas.
(1) Purpose. The purpose of this section is to reduce the threats to public health and safety
posed by geologic hazards within the shoreline jurisdiction. The intent is to reduce incompatible
development in areas of significant geologic hazard. Development incompatible with geologic
hazards may not only place itself at risk, but also may increase the hazard to surrounding
development. Some geologic hazards can be reduced or mitigated by engineering, design, or
modified construction or altering mining practices so risks to health and safety are minimized.
When technology cannot reduce the risks to acceptable levels, development in the hazard area is
best to be avoided.
(2) Geologic Hazard Area Designation. Geologic hazard areas within the City are those areas
that are susceptible to significant erosion, landslide, flood hazards, seismic hazards, and surface
mine collapse hazards. All areas within the City of Pasco meeting the criteria described in
subsection � of this section for known or suspected risk or unknown risk, regardless of the
presence or lack of any formal identification as such,are designated as critical areas and are subject �
to the provisions of this section.
Ordinance—Amending PMC Title 29- 130
(a) Volcanic Hazards. The GMA requires that volcanic hazards be addressed in local
critical area regulations. However, since no volcanic hazards exist in the City area, no
volcanic hazards regulations are needed.
(b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions are
regulated by PMC 29.25.060 and the City of Pasco floodplain regulations (PMC Title 24),
which regulate those areas identified and classified by the FEMA on their Flood Hazard
Boundary/Flood Insurance Rate Maps.
(3) Geologic Hazard Area Classification and Designation Criteria.
(a) Geologic hazard area classification criteria are listed in the table below, along with
the source agencies that provide the guidelines for classification and designation:
Table 29.25.070(3)(a). Criteria for Classification of Geologic Hazard Areas
Hazard Area Classification and Designation Source
Erosion hazard Areas with soil type possessing erosion hazard NRCS
areas of"moderate to severe," "severe," or"very
severe." (Classification based on both soil type
and slope)
Areas with slopes of 30 percent or greater and NRCS
with a vertical relief of 10 or more feet;
Areas with slopes steeper than 15 percent on NRCS
hillsides intersecting geologic contacts with a
Landslide relatively permeable sediment overlying a
hazard areas relatively impermeable sediment or bedrock
where springs or groundwater seepage is
present;
Areas with slopes parallel or subparallel to NRCS
planes of weakness in subsurface materials
Ordinance—Amending PMC Title 29- 131
Hazard Area Classification and Designation Source
(e.g.,bedding planes,joint systems, and fault
planes);
Areas with slopes having gradients steeper than NRCS
80 percent subject to rockfall during seismic
shaking;
Alluvial fans or canyon bottoms presently or NRCS
potentially subject to inundation by debris
flows or catastrophic flooding;
Areas that have shown movement during the NRCS
Holocene epoch or which are underlain or
covered by wastage debris of this epoch;
Evidence of or risk from snow avalanches; NRCS
A"severe" limitation for building site NRCS
development due to slope conditions;
Areas of historic failure, such as areas USGS, WDNR, or
designated as quaternary slumps, earthflows, other government
mudflows, lahars, or landslides on maps or agencies
technical reports (e.g., topographic or geologic
maps, or other authorized documents).
Flood hazard Areas potentially unstable as a result of rapid PMC Title 24
areas stream incision, stream bank erosion, and
Undercutting by wave action shall be addressed
as a flood hazard
Note:
Ordinance—Amending PMC Title 29- 132
NRCS =U. S. Department of Agriculture,Natural Resources Conservation Service
(4) Geologic Hazard Area Rating Criteria. All areas within the City shall be classified by the
following risk categories for each geologic hazard type:
Table 29.25.070 4). Ratin of Geolo ic Hazard Risk
Risk Classification Documentation and Data Sources
Known or suspected Documentation or projection of the hazard by a
risk qualified expert exists
No risk Documentation or projection of the lack of a hazard by
a qualified expert exists
Risk unknown Data are not available to determine the presence or
absence of a geologic hazard
(5) Determination of Need for Geologic Hazard Area Detailed Study. A geologic hazard area
detailed study shall be required if the following indicators are present:
(a) If the project area is listed in the City of Pasco Critical Areas Map as possessing
either a known or suspected risk for erosion, landslide, flood, seismic, or mine hazard.
(b) If the project area is listed in the City of Pasco Critical Areas Map as possessing an
unknown risk for erosion, landslide, flood, seismic, or mine hazard if any of the following
are identified by the applicant or City:
(i) A qualified geologist finds that any of the following exist: evidence of past
significant events of the hazard in question on or adjacent to the site; the presence
of necessary and sufficient factors for events of the hazard in question on or
adjacent to the site; or reasonable uncertainty concerning the hazard or the potential
for significant risk to or from the proposed activity; or
(ii) The Shoreline Administrator possesses a reasonable belief that a geologic
hazard may exist. Such reasonable belief shall be supported by a site visit and
subsequent consultation with a qualified geologist.
(6) Geologic Hazard Area Detailed Study Requirements. The minimum requirements for a
geologic hazard area detailed study include the following in addition to the basic requirements
identified in PMC 29.25.020(10):
Ordinance—Amending PMC Title 29 - 133
(a) Basic Requirements. A geologic hazard area detailed study shall meet the
following:
(i) The detailed study shall be prepared by a qualified professional engineer or
geologist. Evidence of qualifications shall be provided with the detailed study.
(ii) A map, of a scale no smaller than one inch equals 200 feet, of the site and
the extent of the geologic hazard area as determined by the criteria in subsection
�of this section.
(iii) An assessment of the geologic characteristics and engineering properties of
the soils, sediments, and/or rock of the subject property and potentially affected
adjacent properties, and a review of the site history regarding landslides, erosion,
and prior grading. The study shall include a soils analysis consistent with the
accepted regional taxonomic classification system, and a description of the
vulnerability of the site to seismic events.Documentation of data and methods shall
be included.
(iv) A geotechnical analysis, including a detailed description of the proposed
project, its relationship to the geologic hazard(s), and its potential impact upon the
hazard area,the subject property and affected adjacent properties shall be included.
(v) A mitigation plan, if appropriate, prepared by a professional engineer or
geologist under the supervision of a professional engineer qualified to prepare a
detailed study. The mitigation plan shall include a discussion on how the project
has been designed to avoid and minimize the impacts discussed in the geotechnical
analysis(see mitigation standards provided in PMC 29.25.020(13)). The plan shall
make a recommendation for the minimum building setbacks from any geologic
hazard based on the geotechnical analysis. The plan shall also address the potential
benefit of mitigation on the hazard area,the subject property, and affected adjacent
properties.
(vi) Where more than one geologic hazard exists within, adjacent to,or impacts,
or is impacted by, the activity site, then only one detailed study is required to be
completed to conduct a geologic hazard critical area review of the activity. The
critical area review report shall meet all of the requirements of each critical area
type,but may present a unified mitigation plan.
(vii) Where a valid geotechnical report has been prepared within the last five
years for a specific site, and where the proposed land use activity and surrounding
site conditions are unchanged, said report may be incorporated into the detailed
study. The applicant shall submit a geotechnical assessment detailing any changed
environmental conditions associated with the site.
Ordinance—Amending PMC Title 29- 134
(b) Erosion and Landslide Hazard Areas. In addition to the requirements of subsection
6 a of this section, an erosion hazard or landslide hazard area detailed study must also
meet the following requirements:
(i) The map shall depict the height of slope, slope gradient, and cross section
of the site. The site plan shall also include the location of springs, seeps, or other
surface expressions of groundwater. The site plan shall also depict any evidence of
surface or storm water runoff.
(ii) A description of load intensity, including surface and groundwater
conditions, public and private sewage disposal systems, fills and excavations, and
all structural development.
(iii) An estimate of slope stability and the effect construction and placement of
structures will have on the slope during the estimated life of the structure.
(iv) An estimate of the bluff retreat rate that recognizes and reflects potential
catastrophic events, such as seismic activity or a 100-year storm event.
(v) An assessment describing the extent and type of vegetative cover.
(vi) The geotechnical analysis shall specifically include:
(A) Slope stability studies and opinion(s) of slope stability;
(B) Proposed angles of cut and fill slopes and site grading requirements;
(C) Structural foundation requirements and estimated foundation
settlements;
(D) Soil compaction criteria;
(E) Proposed surface and subsurface drainage;
(F) Lateral earth pressures;
(G) Vulnerability of the site to erosion;
(H) Suitability of on-site soil for use as fill; and
(I) Building limitations.
(vii) Mitigation proposals shall include the location and methods of drainage,
surface water management, locations, and methods of erosion control, a vegetation
management and/or restoration plan, and/or other means for maintaining long-term
stability of slopes.
Ordinance—Amending PMC Title 29 - 135
(c) Flood Hazard Areas. Flood Hazard Areas are addressed through PMC 29.25.060,
Flood hazard areas, and the City of Pasco floodplain regulations (PMC Title 24). If
evidence exists that the proposed development area is subject to flood hazards that are not
indicated on the City's Flood Hazard Boundary maps, and site characteristics do not
warrant an erosion or landslide hazard detailed study, the City may require additional
analysis and preparation of a mitigation plan to determine if the site is suitable for
development.
(d) Seismic Hazard Areas. In addition to the basic requirements, subsection 6 a of
this section, a detailed study for a seismic hazard critical area shall also meet the following
requirements:
(i) The site map shall show all known and mapped faults in the project vicinity.
(ii) The geotechnical analysis shall include a complete discussion of the
potential impacts of seismic activity reasonably probable on the site (e.g., forces
generated and fault displacement).
(e) Mine Hazard Areas. In addition to the basic requirements subsection 6 a of this
section, a detailed study for a mine hazard critical area shall also meet the following
requirements:
(i) T'he site plan shall delineate the existence of mine workings adjacent to or
abutting the site, or nearby mine workings, which may impact the site; and
(ii) The geotechnical analysis shall include a discussion of the potential for
subsidence on the site.
(fl Volcanic HazaYd Areas. The City is located in an area of minimal risk from volcanic
hazard areas.
(7) Performance Standards Minimum Requirements. This section describes the minimum
performance standard requirements for geologic hazard areas.
(a) Basic Requirements.
(i) Alteration of geologic hazard critical areas is permitted only if the
development proposal can be designed so the hazard to the project and any increase
of hazard to adjacent property is eliminated or mitigated, and the development
proposal on the site is certified as safe by a geotechnical engineer licensed in the
State of Washington.
(ii) All proposals involving excavations and placement of fills shall be subject
to structural review under Chapter 33, Site Work, Demolition and Construction, of
the most current International Building Code.
Ordinance—Amending PMC Title 29 - 136
(iii) Essential public facilities as defined by RCW 36.70A.200 shall not be sited
within designated geologic hazard areas.
(b) Erosion and Landslide Hazard Areas. Activities on sites containing landslide or
erosion hazards shall also meet the following requirements:
(i) Alterations of the buffer and/or geologic hazard area may only occur for
activities meeting the following criteria:
(A) No reasonable alternative exists; and
(B) A geotechnical report is submitted and certifies that:
• The development will not significantly increase surface-water
discharge or sedimentation to adjacent properties beyond pre-
development conditions;
• The development will not decrease slope stability on adjacent
properties; and
• That such alterations will not adversely impact other critical areas.
(ii) A temporary erosion and sedimentation control plan, prepared in
accordance with the requirements of the standard specification of the City of Pasco.
(iii) A drainage plan for the collection, transport, treatment, discharge and/or
recycle of water in accordance with the standard specifications of the City of Pasco.
(iv) Surface drainage shall not be directed across the face of a landslide hazard
area(including riverine bluffs or ravines). If drainage must be discharged from the
hazard area into adjacent waters,it shall be collected above the hazard and directed
to the water by a tightline drain and provided with an energy dissipating device at
the point of discharge.
(v) All infiltration systems, such as storm water detention and retention
facilities, and curtain drains utilizing buried pipe or French drain, are prohibited in
landslide hazard areas and their buffers unless a geotechnical report indicates such
facilities or systems or the failure of the same will not affect slope stability and the
systems are designed by a licensed civil engineer.
(vi) A minimum standard buffer width of 30 feet shall be established from the
top, toe, and all edges of landslide and erosion hazard areas. Existing native
vegetation shall be maintained. The buffer may be reduced to a minimum of 10 feet
when an applicant demonstrates the reduction will adequately protect the proposed
development, adjacent developments and uses, and the subject critical area. The
buffer may be increased by the Shoreline Administrator for development adjacent
to a river bluff or ravine, or in other areas that circumstances may warrant, where
Ordinance—Amending PMC Title 29- 137
it is determined a larger buffer is necessary to prevent risk of damage to proposed
and existing development, as in the case where the area potentially impacted by a
landslide exceeds 30 feet.
(vii) On-site sewage disposal systems, including drainfields, shall be prohibited
within landslide and erosion hazard areas and related buffers.
(viii) Development designs shall meet the following basic requirements,unless it
can be demonstrated that an alternative design provides greater long-term slope
stability while meeting all other criteria of this section. The requirement for long-
term slope stability shall exclude designs that require periodic maintenance or other
actions to maintain their level of function. The basic development design standards
are:
(A) Structures and improvement shall be clustered to retain as much
open space as possible and to preserve the natural topographic features of
the site.
(B) Structures and improvements shall conform to the natural contour
of the slope, and foundations shall be tiered where possible to conform to
existing topography.
(C) Structures and improvements shall be located to preserve the most
critical portion of the site and its natural landforms and vegetation.
(D) The use of retaining walls that allow the maintenance of existing
natural slope area is preferred over graded artificial slopes.
(E) All development shall be designed to minimize impervious lot
coverage.
(c) Flood Hazard Areas. Activities in flood hazard areas shall comply with PMC
29.25.060, Flood hazard areas, and the City of Pasco floodplain regulations (PMC Title
24).
(d) Seismic Hazard Areas. Activities on sites containing seismic hazards shall also
meet the following requirements:
(i) Mitigation is implemented, which reduces the seismic risk to a level
equivalent to that which the activity would experience if it were not located in a
seismic hazard area.
(ii) Structural development proposals shall meet all applicable provisions of
Chapter 16 of the most current edition of the International Building Code
(Structural Forces/Structural Design Requirements).
Ordinance—Amending PMC Title 29- 138
(iii) No residential structures or essential public facility shall be located on a
Holocene fault line as indicated by USGS investigative maps and studies.
(e) Mine Hazard Areas. Activities on sites containing mine hazards shall also meet the
following requirements:
(i) Mitigation is implemented which reduces the risk from mine hazards to a level
equivalent to that which the activity would experience if it were not located in a mine
hazard area.
(� Volcanic Hazard Areas. No additional requirements.
(8) Long-Term Mitigation and Restoration Standards.
(a) The mitigation plan shall specifically address how the activity maintains or reduces
the pre-existing level of risk to the site and adjacent properties on a long-term basis (equal
to or exceeding the projected lifespan of the activity or occupation). Mitigation techniques
providing long-term hazard reduction are those that do not require periodic maintenance or
other actions to maintain their function.
(b) Mitigation may be required to avoid any increase in risk above the pre-existing
conditions following abandonment of the activity.
(c) Any required restoration shall meet the long-term hazard reduction standards. In
the case of restoration, long-term shall be defined as the equivalent of natural function.
[Ord. 4314 § 2, 2016; Code 1970 § 29A1.560.]
Chapter 29.30
EXISTING USES, STRUCTURES,AND LOTS
Sections:
29.30.010 Applicability.
29.30.020 Nonconforming uses.
29.30.030 Nonconforming structures.
20.30.040 Nonconformin�lots.
29.30.010 Applicability.
(1) All nonconformances in shoreline jurisdiction shall be subject to the provisions of this
chapter. For nonconformance of use, structures, and lots within shoreline critical areas, Chapter
29.25 PMC, Critical Areas, applies. When there is a conflict between this section and the critical
areas section as applicable to critical areas, the more restrictive standards shall apply.
(2) The provisions of this SMP do not supersede or relieve a property owner from compliance
with:
Ordinance—Amending PMC Title 29- 139
(a) The requirements of the International Building and Fire Codes; or
(b) The provisions of the SMP beyond the specific nonconformance addressed by this
chapter.
(3) A change in the required permit review process (e.g., shoreline substantial development
permit versus a shoreline special use permit) shall not create a nonconformance.
(4) Any nonconformance that is brought into conformance for any period of time shall forfeit
status as nonconformance, except as specified in PMC 29.30.020,Nonconforming Uses.
(5) A nonconforming lot,use,or structure may be deemed legally nonconforming by providing
documentation that the use in question occurred prior to the effective date of this SMP, from two
of the following:
(a) Local agency permit;
(b) Orthophotograph, aerial photograph, or planimetric mapping recognized as
legitimate by the agency; or
(c) Tax record.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.600.]
29.30.020 Nonconforming uses.
(1) If, at the effective date of the SMP and any amendment thereto, a lawful use of land exists
that is made no longer permissible under the terms of this SMP, or amendments thereto, such use
may be continued as a nonconforming use so long as it remains otherwise lawful subject to the
following conditions:
(a) No nonconforming use shall be intensified, enlarged, increased, or extended to
occupy a greater area of land than was occupied on the effective date of the SMP or the
amendment that made the use no longer permissible; provided that a nonconforming use
may be enlarged, increased, or extended in conformance with applicable bulk and
dimensional standards of this SMP upon approval of a shoreline special use permit.
(b) No nonconforming use shall be moved in whole or in part to any other portion of
the lot that contains the nonconforming use.
(c) If any nonconforming use of land ceases for any reason for a period of one year or
more, any subsequent use of such land shall conform to the regulations specified by this
SMP for the use environment in which such land is located.
Ordinance—Amending PMC Title 29 - 140
(d) A structure, which is being or has been used for a nonconforming use,may be used
for a different nonconforming use only upon a finding that:
(i) No reasonable alternative conforming use is practical;
(ii) The proposed use is equally or more appropriate to the shoreline
environment than the existing nonconforming use, and is at least as consistent with
the policies and provisions of the Act and the SMP; and
(iii) Such a change of use shall be subject to a shoreline special use permit
approval. Conditions may be attached to the permit as are deemed necessary to
ensure compliance with the above findings and the requirements of the SMP and
the SMA, and to ensure that the use will not become a nuisance or a hazard.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.610.]
29.30.030 Nonconforming structures.
(1) If, at the effective date of the SMP or any amendment thereto, a lawful structure or other
improvement exists, which is made no longer permissible under the terms of this SMP or
amendment thereto, such structure or other improvement may be continued as a nonconforming
structure or other improvement so long as it remains otherwise lawful, subject to the following
conditions:
(a) No nonconforming structure or other improvement shall be altered or changed in a
way which increases its nonconformity except as allowed in subsection (1)(b) of this
section.
(b) Expansions of structures that are nonconforming with respect to a required
shoreline buffer:
(i) May not encroach any farther waterward into the required shoreline buffer.
(ii) Expansions parallel to or landward of shoreline may be allowed;provided,
that said enlargement does not increase the extent of nonconformity by farther
encroaching upon or extending into areas where construction or use would not be
allowed for new development or uses.
(c) All expansion, extension, maintenance, or repair activities of nonconforming
structures or improvements shall be consistent with all other provisions of this SMP;
provided,that the cumulative cost of such maintenance or repair shall not exceed 20 percent
of the assessed valuation of such building, structure,or land(as applicable) at the time such
maintenance is completed.
(d) When damaged, a nonconforming structure may be restored to the configuration
existing immediately prior to the time that the structure was damaged; provided,that:
Ordinance—Amending PMC Title 29 - 141
(i) The structure is damaged to an extent not exceeding 50 percent of the
replacement cost of the original development.
(ii) The applicant applies for permits needed to restore the development within
six months of the date the damage occurred.
(iii) Reconstruction is started within 12 months and is completed within 24
months of the date of damage, unless an extension of time is granted by the
Shoreline Administrator upon written petition substantiating to the satisfaction of
the Administrator due cause for such extension.
(iv) The degree of the nonconforming use,building,or structure is not increased.
(e) Nothing in this section will prohibit vertical expansion up to the height allowed in
the applicable use environment, provided all other applicable requirements of City's
development regulations are met.
(fl Upkeep, repairs, and maintenance of a nonconforming structure or other
improvement shall be permitted.
(2) Should such structure or other improvement be moved for any reason for any distance, it
shall thereafter conform to the regulations for the use environment in which it is located.
Conformance shall be required when:
(a) A change of use is proposed;
(b) The use is terminated or discontinued for more than one year, or the structure(s)
that houses the use is vacated for more than one year; or
(c) The structure(s) or activity that occurs on the land in which the use is conducted is
proposed for relocation.
(3) Residential structures and appurtenant structures that were legally established and are used
for a conforming use, but that do not meet standards for the following, shall be considered a
conforming structure: setbacks,buffers, or yards; area; bulk; height; or density.
(4) For purposes of this section, "appurtenant structures" refer to garages, sheds, and other
legally established structures. Appurtenant structures do not include bulkheads and other shoreline
modifications or overwater structures.
29.3�.0�(i �\Unconformin� lots.
�1) A nonconformin lot mav be developed if permitted by other land use re�ulations of the
local government and so long as such development conforms to all other requirements of the
applicable master program and the act.
Ordinance—Amending PMC Title 29- 142
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.620.]
Chapter 29.35
ADMINISTRATION AND ENFORCEMENT
Sections:
29.35.010 Roles and responsibilities.
29.35.020 Interpretation.
29.35.030 Statutory noticing requirements.
29.35.040 Application requirements.
29.35.050 Shoreline substantial development permits.
29.35.060 Shoreline special use permits.
29.35.070 Shoreline variance permits.
29.35.080 Exemptions from shoreline substantial development permits.
29.35.090 Duration of permits.
29.35.100 Initiation of development.
29.35.110 Review process.
29.35.120 Appeals.
29.35.130 Amendments to permits.
29.35.140 Enforcement.
29.35.150 Cumulative effects of shoreline developments.
29.35.160 Amendments to shoreline master program.
29.35.170 Shoreline environment designation maps or official shoreline map.
29.35.010 Roles and responsibilities.
(1) ShorelineAdministrator.
(a) The Community and Economic Development Director of the City of Pasco or
his/her designee shall serve as the Shoreline Administrator. The Shoreline Administrator
shall issue written shoreline exemptions as appropriate, and, in the case of a shoreline
substantial development permit, grant or deny the permit. The Shoreline Administrator
shall administer the shoreline permit and notification systems and shall be responsible for
coordinating the administration of shoreline regulations with zoning enforcement,building
permits, and all other regulations regarding land use and development in the City.
(b) The Shoreline Administrator shall be familiar with regulatory measures pertaining
to shorelines and their use, and, within the limits of his or her authority, shall cooperate in
the administration of these measures. Permits issued under the provisions of this shoreline
regulation shall be coordinated with other applicable land use and development regulatory
measures of the City. The Shoreline Administrator shall establish procedures that advise
all parties seeking building permits or other development authorization of the need to
consider possible shoreline applications. It is the intent of the City, consistent with its
Ordinance—Amending PMC Title 29 - 143
regulatory obligations, to simplify and facilitate the processing of shoreline substantial
development permits.
(c) The Shoreline Administrator shall ensure that proposed regulatory or
administrative actions do not unconstitutionally infringe upon private property rights.
Shoreline goals and policies should be pursued through the regulation of development of
private property only to an extent that is consistent with all relevant constitutional and other
legal limitations (where applicable, statutory limitations, such as those contained in
Chapter 82.02 RCW and RCW 43.21 C.060) on the regulation of private property.
(d) The Shoreline Administrator shall apply PMC 29.25.010, Critical Areas.
(2) Hearing Examiner.
(a) The Hearing Examiner shall have the authority to decide on appeals from
administrative decisions issued by the Shoreline Administrator of this SMP.
(b) The Hearing Examiner may grant or deny shoreline variances following a public
hearing.
(c) The Hearing Examiner shall have authority to review and approve or deny shoreline
special use permits following an open record hearing pursuant to PMC 25.210.080.
(3) Planning Commission. The Planning Commission is vested with the responsibility to
review the SMP as part of regular SMP updates required by RCW 90.58.080 as a major element
of the City's planning and regulatory program and make recommendations for amendments thereof
to the City Council.
(4) City Council. The City Council is vested with authority to:
(a) Initiate an amendment to this SMP according to the procedures prescribed in WAC
173-26-100.
(b) Adopt all amendments to this SMP, after consideration of the recommendation of
the Planning Commission. Substantive amendments shall become effective immediately
upon adoption by Ecology.
(c) Conduct closed record appeal of any recommendation of the Hearing Examiner
pursuant to PMC 25.210.070.
(d) Decide on appeals from the administrative decisions issued by the Shoreline
Administrator.
[Ord. 4496A § 13, 2020; Ord. 4496 § 13, 2020; Ord. 4314 § 2, 2016; Code 1970 § 29.01.700.]
Ordinance-Amending PMC Title 29- 144
29.35.020 Interpretation.
(1) Under the administrative provisions, the Shoreline Administrator shall have authority to
interpret this SMP,when such interpretation is clearly consistent with the goals and policies of this
SMP and the SMA.
(2) The Shoreline Administrator shall consult with Ecology if formal written interpretations
are developed as a result of a lack of clear guidance in the SMA, the SMP guidelines, or this SMP
to ensure that any are consistent with the purpose and intent of Chapter 90.58 RCW and Chapter
173-26 WAC.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.710.]
29.35.030 Statutory noticing requirements.
(1) At a minimum, the Shoreline Administrator shall provide notice in accordance with WAC
173-27-110 and may provide for additional noticing requirements.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.720.]
29.35.040 Application requirements.
(1) A complete application for a shoreline substantial development, shoreline special use, or
shoreline variance permit shall contain,at a minimum,the information listed in WAC 173-27-180.
(2) The Shoreline Administrator shall provide written informational materials, procedures,
instructions, and forms required to submit an application for a shoreline substantial development
permit, variance permit, or special use permit.
(3) These materials should include: a plan coversheet; a joint aquatic resource permits
application(JARPA) form; a SEPA checklist; a fee schedule; review criteria; and the process and
timelines to assist potential applicants and interested parties on the permit application submittal
and review process.
(4) The Shoreline Administrator may vary or waive these requirements according to
administrative application requirements on a case-by-case basis.
(5) The Shoreline Administrator may require additional specific information depending on the
nature of the proposal and the presence of sensitive ecological features or issues related to
compliance with other applicable requirements and the provisions of this SMP.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.730.] �
Ordinance—Amending PMC Title 29- 145
29.35.050 Shoreline substantial development permits.
(1) A shoreline substantial development permit shall be required for all development on
shorelines,unless the proposal is specifically exempted per PMC 29.35.080. Shoreline substantial
development permits shall be processed as an administrative permit.
(2) The Shoreline Administrator shall review substantial development permit applications, as
required in PMC 29.35.040, and approve or deny the permit.
(3) The Shoreline Administrator shall provide notice in accordance with WAC 173-27-I 10
and may provide additional notice, according to the City's noticing requirements.
(4) A shoreline substantial development permit shall be granted only when the development
proposed is consistent with:
(a) The policies and procedures of the SMA, Chapter 90.58 RCW;
(b) The applicable provisions of Chapter 173-27 WAC; and
(c) This SMP.
(5) The Shoreline Administrator may attach conditions to the approval of permits as necessary
to ensure consistency of the project with the SMA and this SMP.
(6) Nothing shall interfere with the City's ability to require compliance with all other
applicable plans and laws.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.740.]
29.35.060 Shoreline special use permits.
(1) Uses specifically classified or set forth in this SMP as conditional uses shall be subject to
review and condition by the Shoreline Administrator and Ecology. Applications for a shoreline
special use permit shall be processed pursuant to Chapter� PMC.
(2) Other uses, which are not classified or listed or set forth in this SMP,may be authorized as
conditional uses; provided, the applicant can demonstrate consistency with the requirements of
this Section and the requirements for conditional uses contained in this SMP.
(3) Uses that are specifically prohibited by this SMP may not be authorized as a conditional
use.
(4) Review Criteria for Shoreline Special Use Permit. Uses that are classified or set forth in
the applicable SMP as conditional uses may be authorized provided that the applicant demonstrates
all of the following:
Ordinance—Amending PMC Title 29- 146
(a) That the proposed use is consistent with the policies of RCW 90.58.020 and the
SMP;
(b) That the proposed use will not interfere with the normal public use of public
shorelines;
(c) That the proposed use of the site and design of the proj ect are compatible with other
authorized uses within the area and with uses planned for the area under the Comprehensive
Plan and SMP;
(d) That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
(e) That the public interest suffers no substantial detrimental effect.
(5) In the granting of all shoreline special use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if shoreline
special use permits were granted for other developments in the area where similar circumstances
exist, the total of the conditional uses shall also remain consistent with the policies of RCW
90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
(6) In authorizing a conditional use, special conditions may be attached to the permit by the
City or Ecology to prevent undesirable effects of the proposed use and/or to ensure consistency of
the project with the SMA and this SMP.
(7) Nothing shall interfere with the City's ability to require compliance with all other
applicable plans and laws.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.750.]
29.35.070 Shoreline variance permits.
(1) The purpose of a variance is to grant relief to specific bulk, dimensional, or performance
requirements set forth in this SMP where there are extraordinary or unique circumstances relating
to the property such that the strict implementation of this SMP would impose unnecessary
hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances from the
use regulations of the SMP are prohibited. Applications for shoreline variance permits shall be
processed pursuant to PMC 25.195.020 and subsection�of this section.
(2) Review Criteria.
(a) Shoreline variance permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all
instances, the applicant must demonstrate that extraordinary circumstances shall be shown
and the public interest shall suffer no substantial detrimental effect.
Ordinance—Amending PMC Title 29 - 147
(b) Shoreline variance permits for development and/or uses that will be located
landward of the OHWM, as defined in RCW 90.58.030(2)(b), and/or landward of any
wetland, as defined in RCW 90.58.030(21(h), may be authorized provided the applicant
can demonstrate all of the following:
(i) That the strict application of the bulk, dimensional, or performance
standards set forth in the SMP precludes,or significantly interferes with,reasonable
use of the property;
(ii) That the hardship described in subsection 2 b i of this subsection is
specifically related to the property and is the result of unique conditions, such as
irregular lot shape, size, or natural features, and the application of the SMP, and
not, for example, from deed restrictions or the applicant's own actions;
(iii) That the design of the project is compatible with other authorized uses
within the area and with uses planned for the area under the Comprehensive Plan
and SMP and will not cause adverse impacts on the shoreline environment;
(iv) That the variance will not constitute a grant of special privilege not
enjoyed by the other properties in the area;
(v) That the variance requested is the minimum necessary to afford relief; and
(vi) That the public interest will suffer no substantial detrimental effect.
(c) Shoreline variance permits for development and/or uses that will be located
waterward of the OHWM, as defined in RCW 90.58.030(2)(b), or within any wetland, as
defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can
demonstrate all of the following:
(i) That the strict application of the bulk, dimensional, or performance
standards set forth in the applicable SMP precludes all reasonable use of the
property;
(ii) That the proposal is consistent with the criteria established under
subsections 2 i through 2 iv of this section; and
(iii) That the public rights of navigation and use of the shorelines will not be
adversely affected.
(d) In the granting of all shoreline variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
variances were granted to other developments and/or uses in the area where similar
circumstances exist,the total of the variances shall also remain consistent with the policies
of �CW 90.58.020 and shall not cause substantial adverse effects to the shoreline
environment.
Ordinance-Amending PMC Title 29- 148
[Ord. 4314 § 2, 2016; Code 1970 § 29A1.760.]
29.35.080 Exemptions from shoreline substantial development permits.
(1) An exemption from the shoreline substantial development permit process is not an
exemption from compliance with the SMA or this SMP,or from any other regulatory requirements.
All proposed uses,activities,or development occurring within shoreline jurisdiction must conform
to the intent and requirements of Chapter 90.58 RCW, the SMA, and this SMP, whether or not a
permit or other form of authorization is required.
(2) Letters of exemption shall be issued by the Shoreline Administrator when an exemption
applies or when a letter of exemption is required by the provisions of WAC 173-27-050 and as
follows:
(a) Any person claiming exemption from the substantial development permit
requirements shall make an application to the Shoreline Administrator for such an
exemption in the manner prescribed by the Shoreline Administrator, except that no written
statement of exemption is required for emergency development pursuant to WAC 173-27-
040 2 d .
(b) The Shoreline Administrator is authorized to grant or deny requests for statements
of exemption from the shoreline substantial development permit requirement for uses and
developments within shorelines that are specifically listed in subsection�of this section.
The statement shall be in writing and shall indicate the specific exemption of this SMP that
is being applied to the development and shall provide a summary of the Shoreline
Administrator's analysis of the consistency of the project with this SMP and the SMA. The
letter shall be sent to the applicant and maintained on file in the offices of the Shoreline
Administrator.
(c) Statements of exemption may contain conditions and/or mitigating measures of
approval to achieve consistency and compliance with the provisions of this SMP and the
SMA.
(d) A denial of an exemption shall be in writing and shall identify the reason(s) for the
denial. The Shoreline Administrator's decision may be appealed pursuant to PMC
29.35.120, Appeals.
(e) Exempt activities requiring a JARPA shall not be conducted until a statement of
exemption has been obtained from the Shoreline Administrator.
(3) Interpretations of Exemptions.
(a) Exemptions shall be construed narrowly. Only those developments that meet the
precise terms of one or more of the listed exemptions may be granted exemption from the
shoreline substantial development permit process.
Ordinance—Amending PMC Title 29 - 149
(b) A development or use that is listed as a conditional use pursuant to this SMP, or is
an unlisted use,must obtain a shoreline special use permit even though the development or
use does not require a shoreline substantial development permit. When a development or
use is proposed that does not comply with the bulk, dimensional, and performance
standards of this SMP, such development or use can only be authorized by approval of a
shoreline variance permit.
(c) The burden of proof that a development or use is exempt from the permit process
is on the applicant.
(d) If any part of a proposed development is not eligible for exem�tion,then a shoreline
substantial development permit is required for the entire proposed development project.
(e) The Shoreline Administrator may attach conditions to the approval of exempted
developments and/or uses as necessary to ensure consistency of the project with the SMA
and this SMP. Additionally, nothing shall interfere with each responsible local
government's ability to require compliance with all other applicable laws and plans.
(4) The City shall exempt from the shoreline substantial development permit requirement the
shoreline developments listed below:
(a) Any development of which the total cost or fair market value does not exceed
_�,7 _ _ ( , .) or as adjusted by the State Office
of Financial Management, if such development does not materially interfere with the
normal public use of the water or shorelines of the state. For purposes of determining
whether or not a permit is required, the total cost or fair market value shall be based on the
value of development that is occurring on shorelines of the state as defined in RCW
90.58.030(2)(cl. The total cost or fair market value of the development shall include the
fair market value of any donated, contributed, or found labor, as well as equipment, or
materials.
(b) Normal maintenance or repair of existing legally established structures or
developments,including damage by accident, fire,or elements. Replacement of a structure
or development may be authorized as repair where such replacement is the common
method of repair for the type of structure or development and the replacement structure or
development is comparable to the original structure or development, including, but not
limited to, its size, shape, configuration, location, and external appearance and the
replacement does not cause substantial adverse effects to shoreline resources or
environment.
(c) Construction of a normal protective bulkhead common to single-family residences.
A normal protective bulkhead includes those structural and nonstructural developments
installed at or near, and parallel to, the OHWM for the sole purpose of protecting an
existing single-family residence and appurtenant structures from loss or damage by
erosion. A normal protective bulkhead is not exempt if constructed for the purpose of
Ordinance—Amending PMC Title 29 - 150
creating dry land. When a vertical or nearly vertical wall is being constructed or
reconstructed, not more than one cubic yard of fill per one foot of wall may be used as
backfill. When an existing bulkhead is being repaired by construction of a vertical wall
fronting the existing wall, it shall be constructed no farther waterward of the existing
bulkhead than is necessary for construction of new footings. When a bulkhead has
deteriorated such that an OHWM has been established by the presence and action of water
landward of the bulkhead, then the replacement bulkhead must be located at or near the
actual OHWM. Bioengineered erosion control projects may be considered a normal
protective bulkhead when any structural elements are consistent with the above
requirements and when the project has been approved by WDFW.
(d) Emergency construction necessary to protect property from damage by the
elements. An emergency is an unanticipated and imminent threat to public health, safety,
or the environment that requires immediate action within a time too short to allow full
compliance with this SMP. Emergency construction does not include development of new
permanent protective structures where none previously existed. Where new protective
structures are deemed by the Shoreline Administrator to be the appropriate means to
address the emergency situation, and upon abatement of the emergency situation, the new
structure shall be removed, or any permit that would have been required, absent an
emergency, pursuant to Chapter 90.58 RCW, these regulations, or this SMP, shall be
obtained.All emergency construction shall be consistent with the policies and requirements
of this section, Chapter 90.58 RCW, and this SMP. As a general matter, flooding or other
seasonal events that can be anticipated and may occur but that are not imminent are not an
emergency.
(i) The following criteria shall exist to qualify any action under an emergency
provision:
(A) There must be an immediate threat to life,or public or private property,
or an immediate threat of serious environmental degradation arising from a
natural condition, or nonnatural accident or incident;
(B) The emergency response shall be confined to the action necessary to
protect life or property from damage;
(C) The scope of the emergency response must be limited to the work
necessary to relieve the immediate threat; and
(D) The emergency response applies only to the period of time in which
the actual emergency exists.
(ii) Once the emergency is abated or dissipated as deemed by jurisdictional
authorities, compliance with the requirements of this section is required.
(iii) Emergency actions shall use reasonable methods that minimize the impact
to critical areas and their buffers. Persons who take emergency action shall notify
Ordinance—Amending PMC Title 29- 151
the Shoreline Administrator within one working day following commencement of
the emergency activity. Following such notification, the Shoreline Administrator
shall determine if the action taken was within the scope and definition of emergency
actions as defined above. If the Shoreline Administrator determines the action taken
or any part of the action taken was beyond the scope and definition of allowed
emergency actions,then the enforcement provisions of PMC 29.35.140 shall apply.
(e) Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on shorelands and the
construction and maintenance of irrigation structures, including but not limited to head
gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing
plants, other activities of a commercial nature, and alteration of the contour of the
shorelands by leveling or filling, other than that which results from normal cultivation,
shall not be considered normal or necessary farming or ranching activities.
(fl Construction or modification of navigational aids, such as channel markers and
anchor buoys.
(g) Construction on shorelands by an owner, lessee, or contract purchaser of a single-
family residence or appurtenance for their own use or for the use of their family, which
residence does not exceed a height of 35 feet above average grade level and which meets
all requirements of the City, other than requirements imposed pursuant to Chapter 90.58
RCW. Construction authorized under this exemption shall be located landward of the
OHWM.
(h) Construction of a dock, including a community dock designed for pleasure craft
only and for the private non-commercial use of the owner, lessee, or contract purchaser of
a single-family or multiple-family residence. __ _ �;_ _ �� ___ ti,
---- � --
a�7 __ This exception applies when the fair market value of the dock does not
exceed:
i. l�wentv-t��� thousand live hundred dull�rs {�;ZZ,���� tor docks that arc
constructed to replace existin�docks, are of equal or lesser square footage than the
existing dock bein�replaced; or
ii. Eleven thousand two hundred ($11,200) dollars for all other docks
cc�nstnicted in fresh waters.
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.However, if subsequent construction occurs within five
vears of completion of the prior construction, and the combined fair market value
of the subsequent and prior construction exceeds the amount specified above, the
Ordinance—Amending PMC Title 29- 152
subsecauent construction shall be considered a substantial development for the
purp�se of this cha�ter.
(i) Operation, maintenance, repair, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or developed as a part
of an irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored groundwater from the irrigation of lands.
(j) The marking of property lines or corners on state-owned lands,when such marking
does not significantly interfere with normal public use of the surface of the water.
(k) Operation and maintenance of existing and future systems of dikes,drains, or other
facilities existing on September 8, 1975, where water is being drained from irrigation
runoff or shallow groundwater levels artificially recharged through irrigation, and that are
created, developed or utilized primarily as a part of an agricultural drainage or diking
system.
(1� �il� E�i���je��1���.}t}}_��-��ililit�titi�3i� i�i���i�t il�z(�f»-e+}�c�t� �,zit�:����itl lf�(�!}���f��e3 .�O.�U IZ('L��
l�et-ttl�c��t���+��li�c*�-t4» �taE� ` � �-�-.--�.Q:,� � ,.��I�}�-�ite l�.�altt��tic�+��('��it�}cil).
Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this section, if:
(i) The activity does not interfere with the normal public use of surface waters;
(ii) The activity will have no significant adverse impact on the environment,
including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality,
and aesthetic values;
(iii) The activity does not involve the installation of any structure and, upon
completion of the activity, the vegetation and land configuration of the site are
restored to conditions existing before the activity; and
(iv) A private entity seeking development authorization under this section first
posts a performance bond or provides other evidence of financial responsibility to
the local jurisdiction to ensure that the site is restored to pre-existing conditions.
{{�} The process of removing or controlling aquatic noxious weeds,as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to weed
control published by the Departments of Agriculture or Ecology jointly with other state
agencies under Chapter 43.21 C RCW.
{�r} n Watershed restoration projects as defined in RCW 89.08.460.
Ordinance—Amending PMC Title 29 - 153
A public or private project that is designed to improve fish or wildlife habitat or
fish passage � .
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� i:�i Other than conversions to nonforest land use, forest practices regulated under
Chapter 76.09 RCW are not subject to additional regulations under the SMA or this SMP
(RCW 90.58.030(2)(d)(ii)).
(q) '1'he extemal or internal retrofitting of an existin� structure with the exclusive
purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq,) or to otherwise provide phvsical access to the structure by individuals with
disabilities.
[Ord. 4314 § 2, 2016; Code 19�0 § 29.01.770.]
29.35.090 Duration of permits.
(1) The duration of permits shall be consistent with WAC 173-27-090 as follows:
(a) Construction activities shall be commenced or,where no construction activities are
involved, the use or activity shall be commenced within two years of the effective date of
a substantial development permit. The City may authorize a single extension for a period
not to exceed one year based on reasonable factors if a request for extension has been filed
before the expiration date and notice of the proposed extension is given to parties of record
on the substantial development permit and to the Department.
(b) Authorization to conduct development activities shall terminate five years after the
effective date of a substantial development permit. However, the City may authorize a
single extension for a period not to exceed one year based on reasonable factors if a request
for extension has been filed before the expiration date and notice of the proposed extension
is given to parties of record and to the Department. [Ord. 4314 § 2, 2016; Code 1970
§ 29.01.780.]
Ordinance—Amending PMC Title 29 - 154
29.35.100 Initiation of development.
(1) Each permit for a substantial development, shoreline special use, or shoreline variance
issued by local government shall contain a provision that construction pursuant to the permit shall
not begin and is not authorized unti121 days from the date of with Ecology as defined
in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within 21
days from the date of �ef��t 1 i 1 i>>_ of the decision. The date of filing for a substantial development
permit is the date of actual receipt by Ecology of a local government's final decision on the permit.
With regard to a permit for a shoreline variance or a shoreline special use, date of filing means the
date a responsible local government or applicant receives the written decision of Ecology. When
a substantial development permit and a special use or variance permit are required for a
development, the submittal on the permits shall be made concurrently.
(2) Permits for substantial development, shoreline special use, or shoreline variance may be in
any form prescribed and used by the City, including a combined permit application form. Such
forms will be supplied by the City.
(3) A permit data sheet shall be submitted to Ecology with each shoreline permit. The permit
data sheet form shall be consistent with WAC 173-27-990.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.790.]
29.35.110 Review process.
(1) After the City's approval of a shoreline special use or variance permit,the City shall submit
the permit to Ecology for approval, approval with conditions, or denial. Ecology shall render and
transmit to the City and the applicant its final decision approving, approving with conditions, or
disapproving the permit within 30 days of the date of submittal by the City pursuant to WAC 173-
27-110.
(2) Ecology shall review the complete file submitted by the City on shoreline special use or
variance permits and any other information submitted or available that is relevant to the
application. Ecology shall base its determination to approve, approve with conditions, or deny a
special use permit or variance permit on consistency with the policy and provisions of the SMA
and except as provided in WAC 173-27-210 and the criteria in WAC 173-27-160 and 173-27-170.
(3) The City shall provide timely notification of Ecology's final decision to those interested
persons having requested notification from local government pursuant to WAC 173-27-130.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.800.]
29.35.120 Appeals.
(1) Appeals of Shoreline Permit Decisions. The City's decisions on shoreline permits may be
appealed to the following bodies in this sequence:
Ordinance—Amending PMC Title 29 - 155
(a) Pasco City Council in accordance with PMC 25.200.110.
(b) State Shorelines Hearings Board(SHB)in Tumwater.
(c) SHB decisions may be appealed to superior court.
(d) Superior court decisions may be appealed to the Court of Appeals.
(e) Appeals Court decisions may be appealed to the Washington Supreme Court.
(� Appeals to the SHB and courts are governed by RCW 90.58.180, RCW
43.21B.001, Chapter 34.05 RCW Part V, and Chapter 461-08 WAC.
(2) All requests for review of any final permit decisions under Chapter 90.58 RCW and
Chapter 173-27 WAC are governed by the procedures established in RCW 90.58.180, Chapter
461-08 WAC, and the rules of practice and procedure of the SHB.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.810.] -
29.35.130 Amendments to permits.
(1) A permit revision is required whenever the applicant proposes substantive changes to the
design, terms, or conditions of a project from that which is approved in the permit. Changes are
substantive if they materially alter the project in a manner that relates to its conformance to the
terms and conditions of the permit, the SMP, and/or the policies and provisions of Chapter 90.58
RCW. Changes that are not substantive in effect do not require approval of a revision.
(2) Revisions to permits shall be considered consistent with WAC 173-27-100.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.820.]
29.35.140 Enforcement.
(1) The SMA provides for a cooperative program between the City and Ecology to implement
and enforce the provisions of the SMA and this SMP. This section provides for a variety of ineans
of enforcement, including civil and criminal penalties, orders to cease and desist, and orders to
take corrective action, in accordance with WAC 173-27-270, 173-27-280, 173-27-290, and 173-
27-300, and Chapter 25.10 PMC. The enforcement means and penalties provided herein are not
exclusive and may be taken or imposed in conjunction with, or in addition to, any other civil
enforcement actions and civil penalties, injunctive or declaratory relief, criminal prosecution,
actions to recover civil or criminal penalties, or any other action or sanction authorized by this
section, or any other provision of the PMC, or any other provision of state or federal law and
regulation.
(2) The Shoreline Administrator,with the assistance of the City Attorney, shall have authority
to commence and prosecute any enforcement action authorized by this section. In determining the
Ordinance—Amending PMC Title 29 - 156
29.35.160 Amendments to shoreline master program.
(1) Amendments to the SMP shall be processed as legislative decisions pursuant to Chapters
24.88 and 25.210 PMC and WAC 173-26-110.
(2) Any locally approved amendments to the SMP will not become effective until approved
by Ecology.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.850.]
29.35.170 Shoreline environment designation maps or official shoreline map.
See attached Shoreline Designation Maps.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.860.]
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause,phrase or word of this Ordinance.
Section 4. Corrections. Upon approval by the city attorney,the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance,including scrivener's errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of Ordinances or their sections and subsections.
Section 5. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco,Washington,on this 2nd day of October,
2023.._
Blanc e Bara�as
Mayor
ATTEST: APPROVED AS T FORM:
�i-�ZJ' � ��VW ' Ll/V�^
Debra Barham, CMC Kerr F uson Law, PLLC
City Clerk C' ttorneys
Published: �� Cu � � ���
Ordinance—Amending PMC Title 29- 158
appropriate enforcement actions to be commenced and prosecuted, the Shoreline Administrator
shall consider the following factors:
(a) The nature of the violation;
(b) The extent of damage or potential future risk to the shoreline environment and its
ecological functions or to the public health and safety,caused by or resulting from,whether
directly or indirectly,the alleged violation;
(c) The existence of knowledge, intent, or malice on behalf of the violator;
(d) The economic benefit or advantage that accrued to the violator(s) as a result of the
violation; and
(e) The estimated actions and costs of providing adequate mitigation, restoration,
rehabilitation, or enhancement to repair or minimize any substantial adverse impacts upon
the shoreline environment and its ecological functions or the public health and safety.
(3) The Shoreline Administrator may commence and prosecute enforcement action jointly
with Ecology.Pursuant to Chapter 173-27 WAC, Ecology may initiate and prosecute enforcement
action separate from the Shoreline Administrator.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.830.]
29.35.150 Cumulative effects of shoreline developments.
(1) The City will periodically evaluate the effectiveness of the SMP update for achieving no
net loss of shoreline ecological functions with respect to shoreline permitting and exemptions. At
the end of the first full year after adoption, and at the end of every other year thereafter, the
Shoreline Administrator shall prepare a report documenting shoreline substantial development
permits, special use permits, and variances, including the exempt use activity approvals and the
locations and effects of each by type and classifications. The report should include activities
involving development, conservation, restoration, mitigation, and enforcement. It should
summarize the net change of developments(including new development and decommissioning of
structures and protected areas) using indicators, such as linear length of stabilization and flood
hazard structures, number of overwater structures (e.g., piers and docks), road length within
shoreline, number of water body road crossings, number of levees/dikes, acres of impervious
surface areas, acres of vegetation, acres of permanently protected areas, or areas with limited
development. Compliance and enforcement activity will also be tracked.
(2) The Shoreline Administrator i. will,to the extent feasible,coordinate with other City
departments or adjacent jurisdictions to assess cumulative effects of shoreline development.
[Ord. 4314 § 2, 2016; Code 1970 § 29.01.840.]
Ordinance—Amending PMC Title 29 - 157
EXHIBIT A
Refer to Resolution No. 4372 approval of the 2023 Shoreline Master
Program — Council Approved on 10.2.2023