HomeMy WebLinkAboutOrdinance 2837City of Anacortes
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Ordinance No. ;;;< 8 3]
AN ORDINANCE OF THE CITY OF ANACORTES WASHINGTON APPROVING AND
ADOPTING A SHORELINE MASTER PROGRAM COMPREHENSIVE UPDATE TO
INCORPORATING NEW STATE REQUIREMENTS; ACCEPTING THE REQUIRED
AND SUGGESTED CHANGES BY THE DEPARTMENT OF ECOLOGY; REPEALING
THE SHORELINE MASTER PROGRAM ADOPTED IN ORDINANCE NO. 2555 AND
APPROVED ON JANUARY 17, 2001; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City adopted a new Comprehensive Plan in 2007 to implement the
goals and policies of the Growth Management Act of 1990 and the Skagit County Countywide
Planning Policies; and
WHEREAS, Fidalgo Bay, Guemes Channel, Burrows Bay, Cranberry Lake, Heart Lake,
Whistle Lake, and Lake Erie are shorelines of the State regulated pursuant to RCW 90.58; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that
shorelines of the State are among the most valuable and fragile of its natural resources and
unrestricted construction on privately and publicly owned shorelines of the State is not in the
best public interest; and
WHEREAS, in RCW 90.58.020 the State Legislature directed local governments
developing Shoreline Master Programs for shorelines of State-wide significance to give
preference uses which (in order of preference): 1) recognize and protect the State-wide interest
over local interest; 2) preserve the natural character of the shoreline; 3) result in long-term over
short-term benefit; 4) protect the resources and ecology of the shoreline; 5) increase public
access to publicly-owned areas of shorelines; 6) increase recreational opportunities for the public
in the shoreline; and 7) provide for any other element, as defined in RCW 90.58.100 deemed
appropriate or necessary; and
WHEREAS, in 2003 the Washington State Department of Ecology (DOE) adopted new
rules pursuant to RCW 90.58.200, to carryout provisions of the Shoreline Management Act; and
WHEREAS, DOE's new rules are set forth in WAC 173-26 and these new rules provide
direction to local jurisdictions concerning the regulation of uses on shorelines of the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their
shoreline master programs consistent with the required elements of the guidelines adopted by
DOE, in accordance with a schedule established in that section; and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) requires the City of
Anacortes to amend its Shoreline Master Program by December 1, 2012; and
WHEREAS, the City began an update of its Shoreline Master Program in 2006 and
established a Citizens Advisory Panel for initial policy and regulation guidance; and
WHEREAS, the City used consultant services to prepare technical documents and
background studies; and
WHEREAS, an environmental checklist was prepared for the draft Shoreline Master
Program update which was accompanied by a draft "Cumulative Impacts Analysis," an
"Inventory and Analysis Report," and draft "Restoration Plan," and a Determination of Non
Significance was issued December 9, 2009; and
WHEREAS, the Planning Commission reviewed the staff draft Shoreline Master
Program and held a public hearing on December 9, 2009, and continued the hearing to December
16, 209 and January 13, 2010 to allow additional public input, and recommended adoption of a
revised Shoreline Master Program to the City Council on January 20, 2010; and
WHEREAS, the City Council held a public hearing on February 1, 2010 and continued
the hearing to February 16, 2010 and March 1, 2010 to conduct further review of the Planning
Commission Recommended Draft Shoreline Master Program; and
WHEREAS, the Citizens Advisory Committee, Planning Commission, and City Council
held more than 50 public meeting/hearing on the Draft Shoreline Master Program between 2006
and 2010; and
WHEREAS, pursuant to WAC 173-26-186 City staff has analyzed the cumulative
impacts of the draft Shoreline Master Program, the Planning Commission Recommended Draft
Shoreline Master Program, and the Council revisions to the Planning Commission
Recommended Draft Shoreline Master Program, and determined that the Shoreline Master
Program and accompanying goals, policies, and regulations will achieve no net loss of shoreline
Ecological functions, as compared to current "baseline" conditions; and
WHEREAS, The City Council adopted Resolution No. 1796 on March 16, 2010
approving the Planning Commission recommended (with revisions) draft Anacortes Shoreline
Master Program comprehensive update and the accompanying goals and policies, environmental
designations, regulations, shoreline critical areas regulations and restoration plan, and directing
that the Shoreline Master Program Update materials be provided to the State Department Of
Ecology for its review and approval; and
WHEREAS, pursuant to WAC 173-26-186 the proposed Shoreline Master Program
contains policies and regulations to ensure no net loss of shoreline ecological functions, to
address adverse cumulative impacts, and to fairly allocate the burden of addressing cumulative
impacts among development opportunities; and
WHEREAS, pursuant to RCW 90.58.030(2)(d)(ii) and RCW 36.70A.480(6), the City
has determined that there are certain critical areas which are partly within shoreline jurisdiction
and partly outside shoreline jurisdiction; the City has consulted with the State Department of
Ecology, and both Ecology and the City recognize that the portion of any critical area outside
shoreline jurisdiction is subject to the City's critical area regulations enacted pursuant to the
Growth Management Act, Ch. 36.70A RCW, and the portion within the shoreline is regulated
through the Shoreline Master Program, enacted pursuant the Shoreline Management Act, Ch. 90.
58 RCW;
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program to address
issues raised by interested parties, individual Councilmembers, staff, and the Department of
Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program a variety
of methods were used to notify the general public and property owners along the shoreline of the
proposed Shoreline Master Program update, including mailings to property owners and interested
parties, postings on the City's web site, posting of City Hall and Library, and articles and public
notification in the City's official newspaper (Anacortes American); and
WHEREAS, notice has been provided to the Washington State Department of
Commerce and other state agencies;
WHEREAS, the City of Anacortes received a letter from the Department of Ecology on
September 7, 2010, dated September 1, 2010, accepting the City's draft shoreline master
program subject to the City's agreement to the required changes detailed in Attachment B and
suggested changes detailed in Attachment C of said letter; and
WHEREAS, the City Council of the City of Anacortes accepts the required changes in
Attachment B and suggested changes in Attachment C in the Department of Ecology's letter
dated September 1, 2010; and
WHEREAS, the City Council directs staff to incorporate these as suggested and required
changes by the Department of Ecology and deliver written notice to the Department of Ecology
that the City agrees to these changes; and
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ANACORTES,
WASHINGTON HEREBY, ORDAINS AS FOLLOWS:
Section 1. Shoreline Master Program Established. The City of Anacortes Shoreline
Master Program dated March 2010 (Resolution No. 1796) with accompanying maps set forth in
"Attachment A," "Attachment B" Required Changes, and "Attachment C" Suggested Changes
are hereby adopted and shall become binding as of the effective date of this ordinance on all
properties within the shoreline jurisdiction.
Section 2. Repealer. The Shoreline Master Program adopted in Ordinance No. 2555 and
approved on January 17, 2001, is hereby repealed.
Section 3. Severability. If any section , subsection, paragraph, sentence , clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 4. Effective Date. After passage , this ordinance shall take effect after approval
by the Washington State Department of Ecology and five days after this ordinance or a summary
thereof is published in the official newspaper of the City.
PASSED BY THE CITY COUNCIL OF THE CITY OF ANACORTES,
WASHINGTON at a Regular Meeting there of this 20th day of September, 2010 .
CITY OF ANACORTES
ATTEST :
Steve D. Hoglund, City Clerk/Treasurer
APPROVED AS TO FORM:
Attachment: "Attachment A" Anacortes Shoreline Master Program
"Attachment B" Required Changes
"Attachment C" Suggested Changes
Passed by the City Council: September 20 , 2010
Published: September 29 , 2010
Effective: October 4 , 2010
ATTACHMENT A
CITY OF ANACORTES
Shoreline Master Program
SEPTEMBER 2010
CITY OF ANACORTES
SHORELINE MASTER PROGRAM
September 2010
Page i
TABLE OF CONTENTS
CHAPTER 1 INTRODUCTION............................................................................... 1
1.1 Requirements of the Shoreline Management Act ....................................................1
1.2 7KH&LW\RI$QDFRUWHV¶5ROHLQ,PSOHPHQWLQJWKH6KRUHOLQH0DQDJHPHQW$FW ......1
1.3 Purposes of the Shoreline Master Program ..............................................................2
1.4 Legislative Findings .................................................................................................3
1.5 How the Shoreline Master Program is Used ............................................................4
CHAPTER 2 SCOPE, JURISDICTION, AND EXEMPTIONS............................ 7
2.1 Rule of Liberal Construction ...................................................................................7
2.2 Applicability ............................................................................................................7
2.3 Anacortes Shoreline Jurisdiction .............................................................................8
2.4 8VHV1RW&RQVWLWXWLQJ³'HYHORSPHQW´DQG([HPSWLRQVIURP6XEVWDQWLDO
Development Permit Requirements .........................................................................9
2.5 Relationship to Other Plans and Regulations.........................................................17
CHAPTER 3 ADMINISTRATIVE PROVISIONS ............................................... 19
3.1 Conditional Use Permits ........................................................................................19
3.2 Variances................................................................................................................20
3.3 Nonconforming Development ...............................................................................23
3.4 Nonconforming Uses .............................................................................................23
3.5 Nonconforming Structures .....................................................................................24
3.6 Nonconforming Lots ..............................................................................................25
CHAPTER 4 MASTER PROGRAM ELEMENTS: GOALS & POLICIES FOR
THE ANACORTES SHORELINE MASTER PROGRAM ......... 27
4.1 Introduction ............................................................................................................27
4.2 Shoreline Use Element ...........................................................................................27
4.3 Economic Development Element ..........................................................................28
4.4 Circulation Element ...............................................................................................30
4.5 Public Access Element ...........................................................................................31
4.6 Recreational Element .............................................................................................32
4.7 Conservation Element ............................................................................................34
4.8 Restoration and Adaptive Management Element ..................................................36
4.9 Historic, Cultural, Scientific, and Educational Element ........................................37
CHAPTER 5 SHORELINE ENVIRONMENTS & ASSOCIATED POLICIES
AND REGULATIONS ..................................................................... 38
5.1 Introduction ............................................................................................................38
5.2 Authority ................................................................................................................38
Page ii
5.3 Shoreline Environment Designations ....................................................................39
5.4 Official Shoreline Environments Designation Map ...............................................39
5.5 Shorelines of Statewide Significance.....................................................................40
5.6 Aquatic ...................................................................................................................41
5.7 Natural....................................................................................................................47
5.8 Conservancy ...........................................................................................................50
5.9 Shoreline Residential .............................................................................................56
5.10 Urban......................................................................................................................62
5.11 Urban Maritime ......................................................................................................67
5.12 Shoreline Use and Modification Matrix and Development Standards ..................69
TABLE 5.1. SHORELINE USE AND MODIFICATION MATRIX. ............... 70
TABLE 5.2. SHORELINE DEVELOPMENT STANDARDS MATRIX. ........ 74
FIGURE 5.1 CITY OF ANACORTES SHORELINE ENVIRONMENT
DESIGNATIONS .............................................................................. 75
CHAPTER 6 ENVIRONMENTAL PROTECTION GENERAL
REGULATIONS ............................................................................... 77
6.1 Introduction ............................................................................................................77
6.2 Organization ...........................................................................................................78
6.3 Impacts, Mitigation, and Bonding .........................................................................78
6.4 Environmental Elements ........................................................................................81
6.5 Vegetation Conservation ........................................................................................86
6.6 Critical Areas - General .........................................................................................91
6.7 Fish and Wildlife Habitat Conservation Areas ......................................................91
6.8 Frequently Flooded Areas and Tsunami Inundation Areas ...................................94
6.9 Geologically Hazardous Areas ..............................................................................95
6.10 Wetlands ................................................................................................................98
CHAPTER 7 SHORELINE PUBLIC ACCESS .................................................. 100
7.1 Introduction ..........................................................................................................100
7.2 Background ..........................................................................................................101
7.3 Public Access Policies .........................................................................................101
7.4 Development Regulations ....................................................................................104
CHAPTER 8 SPECIFIC USE POLICIES AND DEVELOPMENT
REGULATIONS ............................................................................. 109
8.1 Introduction ..........................................................................................................109
8.2 Advertising and Signs ..........................................................................................110
8.3 Agriculture ...........................................................................................................111
8.4 Aquaculture ..........................................................................................................112
8.5 Commercial Development ...................................................................................114
8.6 Industrial and Port Facilities ................................................................................117
Page iii
8.7 Marinas ................................................................................................................121
8.8 Mining ..................................................................................................................125
8.9 Parking Facilities .................................................................................................125
8.10 Recreational Facilities ..........................................................................................127
8.11 Residential Development .....................................................................................129
8.12 Scientific, Cultural and Educational Facilities .....................................................134
8.13 Transportation Facilities ......................................................................................136
8.14 Utilities (Primary) ................................................................................................138
CHAPTER 9 SPECIFIC SHORELINE MODIFICATION POLICIES AND
DEVELOPMENT REGULATIONS ............................................. 144
9.1 Introduction - Applicability .................................................................................144
9.2 General Policies and Regulations ........................................................................145
9.3 Boat Launches ......................................................................................................145
9.4 Breakwaters..........................................................................................................147
9.5 Docks, Piers and Floats ........................................................................................149
9.6 Dredging and Dredge Spoil Disposal ..................................................................153
9.7 Fill ........................................................................................................................156
9.8 Jetties and Groins .................................................................................................158
9.9 Mooring Buoys ....................................................................................................159
9.10 Shoreline Habitat and Natural Systems Enhancement Projects ...........................162
9.11 Shoreline Stabilization Measures & Flood Protection Works .............................163
CHAPTER 10 ENFORCEMENT AND PENALTIES .......................................... 174
10.1 Enforcement .........................................................................................................174
10.2 Penalties ...............................................................................................................174
10.3 Violations ± Subsequent Development and Building Permits .............................174
10.4 Public and Private Redress...................................................................................175
10.5 Fees for Permits Obtained After Development ....................................................175
CHAPTER 11 MASTER PROGRAM ± REVIEW, AMENDMENTS AND
ADOPTION ..................................................................................... 176
11.1 Master Program Review ......................................................................................176
11.2 Amendments to Master Program .........................................................................176
11.3 Severability ..........................................................................................................176
11.4 Effective Date ......................................................................................................176
CHAPTER 12 DEFINITIONS ................................................................................ 177
12.1 General Information .............................................................................................177
12.2 Definitions............................................................................................................177
APPENDIX A SHORELINE CRITICAL AREAS REGULATIONS ................. 206
A-1. Frequently Flooded Areas (FEMA Approved) ....................................................206
A-2. Aquifer Recharge Areas .......................................................................................223
A-3. Geologically Hazardous Areas ............................................................................232
Page iv
A-4. Wetland Protection Areas ....................................................................................247
A-5. Fish and Wildlife Conservation Areas .................................................................274
APPENDIX B SHORELINE RESTORATION PLAN ........................................ 294
B-1. Introduction ..........................................................................................................294
B-2. Shoreline Inventory Summary .............................................................................295
B-3. Restoration Goals and Objectives ........................................................................303
B-5. Involvement of Other Agencies and Entities .......................................................321
B-6. Strategies to Achieve Local Restoration Goals ...................................................325
B-7. Proposed Implementation Targets and Monitoring Methods ..............................329
B-8. References ............................................................................................................332
Page 1
CHAPTER 1 INTRODUCTION
1.1 Requirements of the Shoreline Management Act
7KH&LW\RI$QDFRUWHV¶5ROHLQ,PSOHPHQWLQJthe Shoreline
Management Act
1.3 Purposes of the Shoreline Master Program
1.4 Legislative Findings
1.5 How the Shoreline Master Program Is Used
1.1 Requirements of the Shoreline Management
Act
In November 1972, the people of the State of Washington enacted the Shoreline
Management Act (RCW 90.58). The primary purpose of the Act is to provide for the
management and protection of the state's shoreline area resources by planning for
reasonable and appropriate uses. The law provides a two-tier planning and regulatory
program by the state and local government. By law, the City is responsible for the
following:
A. Preparation of a "Master Program" in accordance with the policies and
requirements of the Act and the State Shoreline Guidelines (WAC 173-26).
B. Development of a permit system in accordance with the requirements of the Act.
1.2 The &LW\RI$QDFRUWHV¶5ROHLQ,PSOHPHQWLQJ
the Shoreline Management Act
In order to protect the public interest in the preservation and reasonable use of the
shorelines of the state, the Shoreline Management Act establishes a planning program
coordinated between the state and local jurisdictions to address the types and effects of
development occurring along the state's shorelines. By law, the City is responsible for
the following:
A. Development of an inventory of the natural characteristics and land use patterns
DORQJ³VKRUHOLQHVRIWKHVWDWH´ZLWKLQWKH&LW\¶VWHUULWRULDOOLPLWV7KLVLQYHQWRU\
provides the foundation for development of a system that classifies the shoreline
LQWRGLVWLQFW³HQYLURQPHQWV´7KHVHHQYLURQPHQWVSURYLGHWKHIUDPHZRUNIRU
implementing shoreline policies and regulatory measures.
B. Preparation of a "Shoreline Master Program" to determine the future of the
shorelines. This future is defined through the goals developed for the following
land and water use elements: economic development, public access, circulation,
recreation, shoreline use, conservation, historical/cultural protection, and
floodplain management. Local government is encouraged to adopt goals for any
Page 2
other elements, which, because of present uses or future needs, are deemed
appropriate and necessary to implement the intent of the Shoreline Management
Act. In addition, policy statements are developed to provide a bridge between the
goals of the master program and the use activity regulations developed to address
different types of development along the shoreline. Master program regulations
are developed and adopted, as appropriate, for various types of shoreline
development, including the following: agriculture, aquaculture, forest
management, commercial development, marinas, mining, outdoor advertising and
signs, residential development, utilities, ports and water related industries,
bulkheads, breakwaters, jetties and groins, landfills, solid waste disposal,
dredging, shoreline protection, road and railroad design, piers, and recreation.
C. Development of a permit system to further the goals and policies of both the Act
and the local Master Program. (Local government has the option to adopt the
administrative process as part of the SMP or as a reference document not
considered part of the SMP. This allows local government to make changes
without the need of a SMP amendment. See WAC 173-26-191(2)(a)(C).)
Local governments have the primary responsibility for initiating the planning
program and administering the regulatory requirements. The City of Anacortes
Shoreline Master Program must be consistent with the policies and requirements
of the Shoreline Management Act and the State Shoreline Master Program
Guidelines. The role of the Department of Ecology is to provide support and
review of the Shoreline Master Program and subsequent shoreline development
permits and approvals and on insuring compliance with the policies and
provisions of the SMA.
1.3 Purposes of the Shoreline Master Program
7KH6KRUHOLQH0DQDJHPHQW$FWGHILQHVD0DVWHU3URJUDPDVD³FRPSUHKHQVLYHXVHSODQ
IRUDGHVFULEHGDUHD´7KHVKRUHOLQHSODQQLQJSURFHVVGLIIHUVIURPWKHPRUHWUDGLWLRQDO
planning process in that the emphasis is on protecting the shoreline environment through
management of uses.
The purposes of this Master Program are:
A. To carry out the responsibilities imposed on the City of Anacortes by the
Washington State Shoreline Management Act (RCW 90.58).
B. To promote uses and development of the Anacortes shoreline consistent with the
Anacortes Comprehensive Plan while protecting and restoring environmental
resources.
C. To promote the public health, safety, and general welfare by providing a guide
and regulation for the future development of the shoreline resources of the City of
Anacortes.
Page 4
end, uses shall be preferred that are consistent with control of pollution
and prevention of damage to the natural environment or are unique to or
dependent on use of the state's shorelines. Alteration of the natural
condition of the shorelines of the state, in those limited instances when
authorized, shall be given priority for single family residences, ports,
parks, marinas, piers, and other improvements facilitating public access to
shorelines of the state, and to industrial and commercial developments that
will provide an opportunity for substantial numbers of the people to enjoy
the shorelines of the state.
The second section of the Act, states, in part:
³«8VHVVKDll be preferred which are consistent with control of pollution and
prevention of damage to the natural environment, or are unique to or dependent
RQXVHRIWKHVWDWH¶VVKRUHOLQH$OWHUDWLRQVRIWKHQDWXUDOFRQGLWLRQVRIWKH
shorelines of the state, in those limited instances where authorized, shall be given
priority for single family residences and their appurtenant structures, ports,
shoreline recreational uses including but not limited to parks, marinas, piers, and
other improvements facilitating public access to the shorelines of the state,
industrial and commercial developments which are particularly dependent on their
location on or use of the shorelines of the state and other development that will
provide an opportunity for substantial numbers of people to enjoy the shorelines
RIWKHVWDWH´ 5&:
1.5 How the Shoreline Master Program is Used
A. Scope
The policies and regulations of this Master Program including the shoreline critical area
regulations (in Appendix A) shall apply to all shorelines of the state within the corporate
limits of the city of Anacortes. Development within the shorelines must also comply
with the City Comprehensive Plan, the Fidalgo Bay Sub-Area Plan, and the City
Development Regulations. Where conflict exists, the regulations most protective of the
environment shall be implemented.
B. Planning and Regulatory Document
The Anacortes Shoreline Master Program is a planning document that outlines goals and
policies for the use, development, protection, and restoration of shorelines of the City. It
is also a regulatory ordinance with regulations for development intended to implement
the goals and policies.
In order to preserve and enhance the shoreline of the City of Anacortes it is important that
all development proposals relating to the shoreline area be evaluated in terms of the
City's Shoreline Master Program, and that the City Shoreline Administrator be consulted.
(In the City of Anacortes, the Planning Director serves the Shoreline Administrator
function.) The Shoreline Master Program provides the regulatory parameters within
which development may occur, or it states that the community considers a certain type of
Page 5
XVHGHYHORSPHQWRUDFWLYLW\LVXQDFFHSWDEOHZLWKLQWKH&LW\¶V6KRUHOLQHMXULVGLFWLRQRULW
states that a use or activity may be considered (if a conditional use review is applied for),
but that the community should be able to ensure that the development is carried out in
VXFKDZD\WKDWWKHSXEOLF¶VLQWHUHVWLQSURWHFWLQJWKHVKRUHOLQHLVUHWDLQHG
C. When is a Permit Required?
The Anacortes Shoreline Master Program addresses a broad range of uses and
development that could be proposed within the shoreline area. This thoroughness is
intended to ensure that the Anacortes shoreline area is protected from activities and uses
that, if unmonitored, could be developed inappropriately and could cause damage to the
ecological system of the shoreline, or cause the degradation of the aesthetic values of the
shoreline that Anacortes enjoys. Some uses/development may be required to obtain a
Substantial Development Permit, a Shoreline Conditional Use Permit, a Shoreline
Variance, or a Letter of Exemption. ALL developments must comply with the policies
and regulations established by the state Shoreline Management Act as expressed through
this local Shoreline Master Program adopted by the City of Anacortes.
D. The Permit Process
7KH6KRUHOLQH0DVWHU3URJUDPUHJXODWHVDOO³GHYHORSPHQW´,WDOVRIXUWKHUGHILQHVZKDWLV
FRQVLGHUHG³VXEVWDQWLDOGHYHORSPHQW´,QJHQHUal, a shoreline Substantial Development
Permit (SDP) is required to be obtained for development within the shoreline area. Some
development may require a Shoreline Conditional Use Permit or a Shoreline Variance
from the provisions of the Master Program. Review under the State Environmental
Policy Act (SEPA) may also be required.
³'HYHORSPHQW´DVGHILQHGXQGHUWKH6KRUHOLQH0DQDJHPHQW$FWRI LV
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 of the state subject to Chapter
90.58 RCW at any state of water level (RCW 90.58.030(3d)).
7KLVGHILQLWLRQLQGLFDWHVWKDWWKH³GHYHORSPHQW´UHJXODWHGE\WKH6KRUHOLQH0DQDJHPHQW
$FWLQFOXGHVQRWRQO\WKRVHDFWLYLWLHVWKDWPRVWSHRSOHUHFRJQL]HDV³GHYHORSPHQW´ IRU
example, improving a road surface, building a structure, etc.), but also those activities
that citizens may do around their own home (for example, grading a hillside to enhance
WKHLUSHUVRQDOYLHZRIWKHZDWHU :KLOHWKHLPSDFWRIWKHVHSRWHQWLDO³GHYHORSPHQWV´
may seem inconsequential at first glance, they may have unwanted and damaging effects
on the shoreline ecology, the property of others, and the shoreline aesthetics.
3URMHFWVWKDWDUHZLWKLQWKHGHILQLWLRQRI³GHYHORSPHQWWKDWDUHQRW³VXEVWDQWLDO
GHYHORSPHQW´ do not require a Substantial Development Permit (SDP). However they
must still comply with all DSSOLFDEOHUHJXODWLRQVLQWKH&LW\¶V6KRUHOLQH0DVWHU3URJUDP
Shoreline Management Act and any other applicable regulations. They may be required
Page 6
to obtain a Letter of Exemption. Such developments may also be required to obtain a
Shoreline Conditional Use Permit (CUP) or a Shoreline Variance from the Shoreline
0DVWHU3URJUDP¶VSURYLVLRQVSULRUWREXLOGLQJSHUPLWLVVXDQFHVHH6HFWLRQ8VHV1RW
ConstitutinJ³'HYHORSPHQW´DQG([HPSWLRQVIURP6XEVWDQWLDO'HYHORSPHQW3HUPLW
Requirements.
³Substantial development´LVDQ\³GHYHORSPHQW´RIZKLFKWKHWRWDOFRVWRUIDLUPDUNHW
value exceeds $5,000, (the RCW language has been updated to reflect cost of living
increases and future RCW revisions shall apply1) or any development that materially
interferes with the normal public use of the water or shorelines of the state. Under the
Shoreline Management Act, some types of development are exempt from the requirement
to apply for and receive a Substantial Development Permit before beginning work.2
These exemptions are listed in Chapter 2 Scope, Jurisdictions, and Exemptions. A
project that is exempt from Substantial Development Permit requirements must still
comply with all applicable regulations in this Master Program, and may be required to
obtain a Letter of Exemption.
The Shoreline Administrator can help classify a project as a development or a substantial
development, determine if a Substantial Development Permit is necessary or if a project
is exempt from permit requirements, and identify which regulations in the SMP may
apply to the proposed project. The Administrator can also provide information on the
permit application process and how the SMP process relates to, and can coordinate with
the SEPA process.
A description of projects requiring a Letter of Exemption, and shoreline permit
application procedures and criteria are discussed in more detail in Chapter 2 Scope,
Jurisdiction, and Exemptions.
1
The dollar threshold established in this subsection must be adjusted for inflation by the office of financial
management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that
time period.
2 Per RCW 90.58.030(3)(e), Definitions and concepts: Substantial development.
Page 7
CHAPTER 2 SCOPE, JURISDICTION, AND
EXEMPTIONS
2.1 Rule of Liberal Construction
2.2 Applicability
2.3 Anacortes Shoreline Jurisdiction
2.4 8VHV1RW&RQVWLWXWLQJ³'HYHORSPHQW´DQG([HPptions from
Substantial Development Permit Requirements
2.5 Relationship to Other Plans and Regulations
2.1 Rule of Liberal Construction
As provided under RCW 90.58.900, the Shoreline Management Act is exempted from the
rule of strict construction; the Act and this Master Program shall, therefore, be liberally
construed to give full effect to the purposes, goals, policies, and standards for which the
Act and this Master Program were enacted. On the other hand, exemptions from the Act
or Master Program are to be narrowly construed.
2.2 Applicability
A. All proposed uses and development occurring within shoreline jurisdiction must
conform to chapter 90.58 RCW, the Shoreline Management Act and this Master
Program. All uses, even those not meeting the definition of development, are
subject to the provisions and development regulations of this SMP, even though a
permit may not be required.
B. $Q\SHUVRQZLVKLQJWRXQGHUWDNHDFWLYLWLHVFRQVWLWXWLQJ³GHYHORSPHQW´ZLWKLQ
shoreline jurisdiction shall apply to the Shoreline Administrator for a Shoreline
Permit. Based on the provisions of this Master Program, the Shoreline
Administrator shall determine if a Letter of Exemption, a Substantial
Development Permit, a Shoreline Conditional Use Permit, and/or a Shoreline
Variance is required. Substantial development shall not be undertaken within the
jurisdiction of the Act and this Master Program UNLESS a Substantial
Development Permit has been obtained and the appeal period has been completed
and any appeals have been resolved and/or the project proponent is allowed to
proceed under the provisions of the Shoreline Management Act or by court order.
"Substantial development" shall be defined as it is by the Act (§90.58.030 RCW)
and supplementing provisions of the Washington Administrative Code (§173-27-
040 WAC).
C. Developments exempt from a Substantial Development Permit, which are
outlined in Section 2.4 E of this Master Program, shall require a Letter of
([HPSWLRQ$SURMHFWWKDWTXDOLILHVDV³H[HPSWGHYHORSPHQW´PD\DOVRUHTXLUHD
Shoreline Conditional Use Permit, and/or a Shoreline Variance from Master
Page 8
Program provisions.
1. Exempt developments shall not be undertaken within the jurisdiction of the
Act and this Master Program UNLESS a Letter of Exemption has been
obtained documenting that the development is consistent with the policies
and procedures of the Act, all applicable state regulations and this Master
Program.
2. The request for the Letter of Exemption shall be in writing, on forms
required by the Shoreline Administrator, and include the information
required by the Shoreline Administrator.
D. This Master Program shall apply to every individual, firm, partnership,
association, organization, corporation, local or state governmental agency, public
or municipal corporation, or other entity which develops, owns, leases or
administers lands, wetlands or waters that fall under the jurisdiction of the Act.
E. 7KH³SROLFLHV´LQWKLV0DVWHU3URJUDPSURYLGHEURDGJXLGDQFHDQGGLUHFWLRQDQG
ZLOOEHXVHGE\WKH&LW\LQDSSO\LQJWKH³UHJXODWLRQV´
F. Applicability of this Master Program to federal lands and agencies shall be
consistent with WAC 173-27-060 as currentl y exists or is hereinafter amended.
2.3 Anacortes Shoreline Jurisdiction
A. This Master Program shall apply to all the lands and waters in the City of
Anacortes that fall under the jurisdiction of the Shoreline Management Act.
Shorelines include the waters within the City limits together with the lands
underlying them and all lands extending landward 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark together with
any associated wetlands.
B. There is hereby made a part of this Master Program a map, Figure 5.1, illustrating
the shoreline designations and the approximate location of the upland extent of
the shoreline jurisdiction in Anacortes. The area of shoreline jurisdiction extends
waterward to the Anacortes City Limits. The actual landward extent of shoreline
jurisdiction will be determined on a case-by-case basis. Where uncertainty or
conflict may occur in the exact location of boundaries designating shoreline
environments (pursuant to Chapter 5), the map, designation purpose, and
designation criteria shall be used.
C. Given that the Shoreline Designation Map is an integral part of this Master
Program, no part of the map may be altered or revised unless a Master Program
amendment has been approved by the City Council and the Washington State
Department of Ecology (RCW 90.58.090).
D. Associated wetlands that are included in the shoreline jurisdiction are those that
Page 9
influence or are influenced by the regulated waters. In general, a wetland is
³DVVRFLDWHG´LIDOORUDSRUWLRQRIWKHZHWODQGIDOOVZLWKLQWKDWDUHDWKDWLV0 feet
from the ordinary high water mark. A wetland outside of this area may also be
associated if it is in proximity to the shoreline and there is a demonstrated
influence between the wetland and the shoreline. Such influence can include
hydraulic continuity, such as a surface or groundwater connection (See Chapter
173-22 WAC).
E. Where a substantial development is proposed which would be partly within and
partly without shoreline jurisdiction, a shoreline substantial development permit
shall be required for the entire development. The regulations of this Master
Program shall apply only to that part of the development which occurs within
shoreline jurisdiction.
2.4 8VHV1RW&RQVWLWXWLQJ³'HYHORSPHQW´DQG
Exemptions from Substantial Development
Permit Requirements
A. Applicability to uses not requiring development. All uses within shoreline
jurisdiction must be consistent with the regulations of this Master Program
whether or not they require a Shoreline Substantial Development Permit.
Furthermore, Shoreline Conditional Use and/or Shoreline Variance permits may
still be required of development that is not substantial development. An
exemption from the Substantial Development Permit requirements does not
constitute an exemption from the policies and use regulations of the Shoreline
Management Act, the provisions of this Master Program, and other applicable
City, state, or federal permit requirements.
WAC 173-27- ³No authorization to undertake use or development on
shorelines of the state shall be granted by local government unless upon review
the use or development is determined to be consistent with the policy and
SURYLVLRQVRIWKH6KRUHOLQH0DQDJHPHQW$FWDQGWKHPDVWHUSURJUDP´(Bold
emphasis added.)
B. Shoreline Exemptions. All applications for exemptions shall be made on a form
provided by the Shoreline Administrator and accompanying material as required.
All exemptions shall be construed narrowly. The Shoreline Administrator may
attach conditions to the approval of exempted developments and/or uses as
necessary to assure consistency of the project with the Shoreline Management Act
and this Master Program. A Letter of Exemption shall expire one year after the
date of issuance unless otherwise specified in the Letter of Exemption. The same
measures used to calculate time periods for Shoreline Permits as set forth in WAC
173-27-090(3) shall be used for Letters of Exemptions.
C. Whenever a development falls within the exemption criteria listed in 2.4.E. below
and is subject to a U.S. Army Corps of Engineers Section 10 or Section 404
Page 10
Permit, the Shoreline Administrator shall prepare a Statement of Exemption and
send a copy of this statement to the Washington Department of Ecology.
D. Incremental exemptions ± Exemptions shall not be issued for a series of inter-
dependent activities that in sum would require a permit (i.e., a project cannot be
submitted in a piece-meal fashion to avoid the requirement for a substantial
development permit).
E. The following shall not be considered substantial development for the purpose of
this Master Program.
1. Any development of which the total cost or fair market value, whichever is
higher, does not exceed five thousand seven hundred eighteen ($5,718)
dollars or as periodically adjusted per RCW 90.58.030(3)(e), if such
development does not materially interfere with the normal public use of the
water or shorelines of the state. The dollar threshold established in this
subsection must be adjusted for inflation by the office of financial
management every five years, beginning July 1, 2007, based upon changes
LQWKHFRQVXPHUSULFHLQGH[GXULQJWKDWWLPHSHULRG³&RQVXPHUSULFH
LQGH[´PHDQVIRUDQ\FDOHQGDU\HDUWKDW\HDU
VDQQXDODYHUDJHFRQVXPHU
price index, Seattle, Washington area, for urban wage earners and clerical
workers, all items, compiled by the Bureau of Labor and Statistics, United
States Department of Labor. The office of financial management must
calculate the new dollar threshold and transmit it to the office of the code
reviser for publication in the Washington State Register at least one month
before the new dollar threshold is to take effect. For purposes of
determining whether or not a Substantial Development Permit is required,
the total cost or fair market value shall be based on the value of
development that is occurring on shorelines of the state as defined in RCW
90.58.030 (2)(c). The total cost or fair market value of the development shall
include the fair market value of any donated, contributed or found labor,
equipment or materials;
2. Normal maintenance or repair of existing structures or developments,
including damage by accident, fire, or elements. "Normal maintenance"
includes those usual acts to prevent a decline, lapse, or cessation from a
lawfully established condition. "Normal repair" means to restore a
development to a state comparable to its original condition within one year
after decay or partial destruction except where repair causes substantial
adverse effects to the shoreline resource or environment. Replacement of a
structure or development may be authorized as repair where such
replacement is the common method of repair for the type of structure or
development and the replacement structure or development is comparable to
the original structure or development including but not limited to its size,
shape, configuration, location and external appearance and the replacement
does not cause substantial adverse effects to shoreline resources or
environment;
Page 11
3. Construction of the 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 ordinary
high water mark for the sole purpose of protecting an existing single-family
residence and appurtenant structures from loss or damage by erosion. A
normal protective bulkhead is not exempt if constructed for the purpose of
creating dry land. When a vertical or near vertical wall is being constructed
or reconstructed, not more than 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 further waterward of the existing bulkhead than is necessary
for construction of new footings. When a bulkhead has deteriorated such
that an ordinary high water mark 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 ordinary high water mark. Beach
nourishment and 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 the
Department of Fish and Wildlife;
4. Emergency construction necessary to protect property from damage by the
elements. An "emergency" is an unanticipated and imminent threat to
public health, safety, or the environment, which requires immediate action
within a time too short to allow full compliance with the Act or this Master
Program. 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, upon abatement of
the emergency situation the new structure shall be removed or any permit
which would have been required, absent an emergency, obtained. As a
general matter, potential flooding or other seasonal events that can be
anticipated and may occur but that are not imminent are not an emergency;
5. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on
shorelands, construction of a barn or similar agricultural structure, and the
construction and maintenance of irrigation structures including but not
limited to head gates, pumping facilities, and irrigation channels: Provided,
that a feedlot of any size, all processing plants, other activities of a
commercial nature, alteration of the contour of the shorelands by leveling or
filling other than that which results from normal cultivation, shall not be
considered normal or necessary farming or ranching activities. A feedlot
shall be an enclosure or facility used or capable of being used for feeding
livestock hay, grain, silage, or other livestock feed, but shall not include
land for growing crops or vegetation for livestock feeding and/or grazing,
nor shall it include normal livestock wintering operations;
Page 12
6. Construction or modification of navigational aids such as channel markers
and anchor buoys;
7. Construction on shorelands by an owner, lessee, or contract purchaser of a
single-family residence for their own use or for the use of their family,
which residence does not exceed a height of thirty-five (35) feet above grade
level and meets all requirements of the state agency or local government
having jurisdiction thereof, other than requirements imposed pursuant to
chapter 90.58 RCW. "Single-family residence" means a detached dwelling
designed for and occupied by one family including those structures and
developments within a contiguous ownership which are a normal
appurtenance. An "appurtenance" is necessarily connected to the use and
enjoyment of a single-family residence and is located landward of the
ordinary high water mark and the perimeter of a wetland. On a statewide
basis, normal appurtenances include a garage; deck; driveway; utilities;
fences; installation of a septic tank and drainfield and grading which does
not exceed two hundred fifty cubic yards and which does not involve
placement of fill in any wetland or waterward of the ordinary high water
mark. Local circumstances may dictate additional interpretations of normal
appurtenances which shall be set forth and regulated within the applicable
master program. Construction authorized under this exemption shall be
located landward of the ordinary high water mark;
8. Construction of a dock, including a community dock, designed for pleasure
craft only, for the private noncommercial use of the owner, lessee, or
contract purchaser of single-family and multiple-family residences. A dock
is a landing and moorage facility for watercraft and does not include
recreational decks, storage facilities or other appurtenances. This exception
applies if either:
a. In salt waters, the fair market value of the dock does not exceed two
thousand five hundred ($2,500) dollars; or
b. In fresh waters the fair market value of the dock does not exceed ten
thousand ($10,000) dollars, but if subsequent construction having a
fair market value exceeding two thousand five hundred ($2,500)
dollars occurs within five years of completion of the prior
construction, the subsequent construction shall be considered a
substantial development for the purpose of these regulations.
For purposes of this section, salt water shall include the tidally influenced
marine and estuarine water areas of the state including the Pacific Ocean,
Strait of Juan de Fuca, Strait of Georgia and Puget Sound and all bays and
inlets associated with any of the above;
9. Operation, maintenance, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or
Page 13
developed as part of an irrigation system for the primary purpose of making
use of system waters, including return flow and artificially stored ground
water from the irrigation of lands;
10. The marking of property lines or corners on state-owned lands, when such
marking does not significantly interfere with the normal public use of the
surface of the water;
11. Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on and in use since September 8, 1975, which were
created, developed or utilized primarily as part of an agricultural drainage or
diking system;
12. Any project with certification from the governor pursuant to Chapter 80.50
RCW;
13. Site exploration and investigation activities that are prerequisite to
preparation of an application for development authorization under this
chapter, if:
a. The activity does not interfere with the normal public use of the
surface waters;
b. 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;
c. 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;
d. 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 preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW
90.58.550.
14. 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 that are recommended by a final environmental
impact statement published by the department of agriculture or the
department of ecology jointly with other state agencies under chapter
43.21C RCW;
15. Watershed restoration projects as defined herein. Local government shall
review the projects for consistency with the Shoreline Master Program in an
Page 14
expeditious manner and shall issue its decision along with any conditions
within forty-five (45) days of receiving all materials necessary to review the
request for exemption from the applicant. No fee may be charged for
accepting and processing requests for exemption for watershed restoration.
a. "Watershed restoration project" means a public or private project
authorized by the sponsor of a watershed restoration plan that
implements the plan or a part of the plan and consists of one or more
of the following activities:
i. A project that involves less than ten miles of stream reach, in
which less than twenty-five cubic yards of sand, gravel, or soil is
removed, imported, disturbed or discharged, and in which no
existing vegetation is removed except as minimally necessary to
facilitate additional plantings;
ii. A project for the restoration of an eroded or unstable stream bank
that employs the principles of bioengineering, including limited
use of rock as a stabilization only at the toe of the bank, and with
primary emphasis on using native vegetation to control the
erosive forces of flowing water; or
iii. A project primarily designed to improve fish and wildlife habitat,
remove or reduce impediments to migration of fish, or enhance
the fishery resource available for use by all of the citizens of the
state, provided that any structure, other than a bridge or culvert
or instream habitat enhancement structure associated with the
project, is less than two hundred square feet in floor area and is
located above the ordinary high water mark of the stream.
b. "Watershed restoration plan" means a plan, developed or sponsored by
the Department of Fish and Wildlife, the Department of Ecology, the
Department of Natural Resources, the Department of Transportation, a
federally recognized Indian Tribe acting within and pursuant to its
authority, a city, a county, or a conservation district that provides a
general program and implementation measures or actions for the
preservation, restoration, re-creation, or enhancement of the natural
resources, character, and ecology of a stream, stream segment,
drainage area, or watershed for which agency and public review has
been conducted pursuant to chapter 43.21C RCW, the State
Environmental Policy Act;
16. A public or private project that is designed to improve fish or wildlife
habitat or fish passage, when all of the following apply:
a. The project has been approved in writing by the Department of Fish
and Wildlife;
Page 15
b. The project has received hydraulic project approval by the Department
of Fish and Wildlife pursuant to Chapter 77.55 RCW; and
c. The Shoreline Administrator has determined that the project is
substantially consistent with this Master Program. The Shoreline
Administrator shall make such determination in a timely manner and
provide it by letter to the project proponent.
Fish habitat enhancement projects that conform to the provisions of
RCW 77.55.181 are determined to be consistent with local shoreline
master programs, as follows:
i. In order to receive the permit review and approval process
created in this section, a fish habitat enhancement project must
meet the criteria under (16)(c)(i)(1) and (2) of this subsection:
(1) A fish habitat enhancement project must be a project to
accomplish one or more of the following tasks:
a. Elimination of human-made fish passage barriers,
including culvert repair and replacement;
b. Restoration of an eroded or unstable streambank
employing the principle of bioengineering, including
limited use of rock as a stabilization only at the toe of
the bank, and with primary emphasis on using native
vegetation to control the erosive forces of flowing
water; or
c. Placement of woody debris or other instream
structures that benefit naturally reproducing fish
stocks.
The Washington Department of Fish and Wildlife shall
develop size or scale threshold tests to determine if projects
accomplishing any of these tasks should be evaluated under
the process created in this section or under other project
review and approval processes. A project proposal shall not
be reviewed under the process created in this section if the
department determines that the scale of the project raises
concerns regarding public health and safety; and
(2) A fish habitat enhancement project must be approved in
one of the following ways:
a. By the Washington Department of Fish and Wildlife
pursuant to chapter 77.95 or 77.100 RCW;
Page 16
b. By the sponsor of a watershed restoration plan as
provided in chapter 89.08 RCW;
c. By the Washington Department of Fish and Wildlife as
a Washington Department of Fish and Wildlife-
sponsored fish habitat enhancement or restoration
project;
d. Through the review and approval process for the jobs
for the environment program;
e. Through the review and approval process for
conservation district-sponsored projects, where the
project complies with design standards established by
the conservation commission through interagency
agreement with the United States Fish and Wildlife
Service and the Natural Resource Conservation
Service;
f. Through a formal grant program established by the
legislature or the Washington Department of Fish and
Wildlife for fish habitat enhancement or restoration;
and
g. Through other formal review and approval processes
established by the legislature.
ii. Fish habitat enhancement projects meeting the criteria of
(16)(c)(i) of this subsection are expected to result in beneficial
impacts to the environment. Decisions pertaining to fish habitat
enhancement projects meeting the criteria of (16)(c)(i) of this
subsection and being reviewed and approved according to the
provisions of this section are not subject to the requirements of
RCW 43.21C.030 (2)(c).
iii. A hydraulic project approval permit is required for projects that
meet the criteria of (16)(c)(i) of this subsection and are being
reviewed and approved under this section. An applicant shall use
a joint aquatic resource permit application form developed by the
Office of Regulatory Assistance to apply for approval under
these regulations. On the same day, the applicant shall provide
copies of the completed application form to the Washington
Department of Fish and Wildlife and to each appropriate local
government. Local governments shall accept the application as
notice of the proposed project. The Washington Department of
Fish and Wildlife shall provide a fifteen-day comment period
during which it will receive comments regarding environmental
Page 17
impacts. Within forty-five days, the Washington Department of
Fish and Wildlife shall either issue a permit, with or without
conditions, deny approval, or make a determination that the
review and approval process created by this section is not
appropriate for the proposed project. The Washington
Department of Fish and Wildlife shall base this determination on
identification during the comment period of adverse impacts that
cannot be mitigated by the conditioning of a permit. If the
Washington Department of Fish and Wildlife determines that the
review and approval process created by this section is not
appropriate for the proposed project, the Washington Department
of Fish and Wildlife shall notify the applicant and the appropriate
local governments of its determination. The applicant may
reapply for approval of the project under other review and
approval processes.
iv. Any person aggrieved by the approval, denial, conditioning, or
modification of a permit under this section may formally appeal
the decision to the hydraulic appeals board pursuant to the
provisions of these regulations.
v. No local government may require permits or charge fees for fish
habitat enhancement projects that meet the criteria of (16)(c)(i)
of this subsection and that are reviewed and approved according
to the provisions of this section.
F. Before issuing a shoreline statement of exemption, the Shoreline Administrator
shall review the Master Program to determine if the proposed development
requires a Shoreline Conditional Use Permit and/or a Variance. It may be
necessary for the Shoreline Administrator to conduct a site inspection to ensure
that the proposed development meets the exemption criteria. Application
information shall include those items listed in WAC 173-27-180 and as contained
within the Anacortes Municipal Code for Substantial Development Permits unless
otherwise waived.
2.5 Relationship to Other Plans and Regulations.
A. In addition to compliance with the provisions of the Shoreline Management Act
of 1971 and the state Shoreline Master Program Guidelines, the Anacortes
Shoreline Master Program must be consistent with local plans and policy
documents, specifically, the Anacortes Comprehensive Plan and the City's critical
areas regulations. The Master Program must be consistent with the regulations
developed by the City to implement its plans, such as the zoning code and
subdivision code, as well as regulations relating to building construction and
safety.
B. Uses, developments and activities regulated by this Shoreline Master Program
Page 18
may also be subject to the provisions of the City of Anacortes Comprehensive
3ODQWKH:DVKLQJWRQ6WDWH(QYLURQPHQWDO3ROLF\$FW ³6(3$´&KDSWHU&
RCW and Chapter 197-11 WAC), the City of Anacortes Municipal Code, and
various other provisions of local, state and federal law, as may be amended.
Project proponents shall comply with all applicable laws prior to commencing any
use, development or activity.
In the event a conflict occurs between the provisions of this Master Program and
the laws, regulations, codes or rules of any other authority having jurisdiction
within the City, the regulations that provide more protection to the shoreline area
shall apply, EXCEPT when constrained by federal or state law, or where
specifically provided otherwise in this Master Program.
At the time of an initial inquiry or when a permit application is submitted, the
Shoreline Administrator should inform an applicant of those regulations and
statutes that may be also applicable to the proposed project to the best of the
administrator's knowledge, provided, that the final responsibility for determining
the applicability and complying with such other statutes and regulations shall rest
with the applicant.
Other activities that could occur along the shoreline (starting bonfires, disposing
or spilling/releasing of regulated or hazardous waste products, use of pesticides,
activities within wetlands) may require other permits, review, or approval not
identified here.
Page 19
CHAPTER 3 ADMINISTRATIVE PROVISIONS
3.1 Conditional Use Permits
3.2 Variances
3.3 Nonconforming Development
3.4 Nonconforming Uses
3.5 Nonconforming Structures
3.6 Nonconforming Lots
3.1 Conditional Use Permits
A. Purpose
The purpose of a Shoreline Conditional Use Permit is to allow flexibility in varying the
application of the use regulations of the Master Program in a manner consistent with the
policies of RCW 90.58.020; provided that Shoreline Conditional Use Permits should also
be granted in a circumstance where denial of the permit would result in a thwarting of
State policy enumerated in RCW 90.58.020. In authorizing a conditional use, special
conditions may be attached to the permit by the City of Anacortes or by the Department
of Ecology to prevent undesirable effects of the proposed use and/or to assure
consistency of the project with the Act and this Master Program. Certain alterations of
wetlands as outlined in Appendix A of this Master Program may also require a Shoreline
Conditional Use Permit.
B. Classification of Uses
Uses that are classified by Table 5-1 as conditional uses shall obtain a Conditional Use
Permit.
Uses that are not classified in Table 5-1 or in specific use and modification sections
contained in Chapters 8 and 9 may be authorized as conditional uses provided the
applicant can demonstrate compliance with the criteria listed below and all other
applicable policies and regulations of this Master Program.
Uses that are specifically prohibited by the Master Program may not be authorized by a
Conditional Use Permit.
C. Shoreline Conditional Use Permit Process
Shoreline Conditional Use Permits will be processed subject to public notice, comment,
and a public hearing pursuant to AMC. Conditional Use Permits shall meet the approval
criteria listed in Section 3.1(D) below. The Shoreline Administrator shall be as provided
inthe Anacortes Municipal Code.
D. Criteria for Granting Shoreline Conditional Use Permits
Uses classified as conditional uses may be authorized provided that the applicant can
demonstrate all of the following:
Page 20
1. That the proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Master Program;
2. That the proposed use will not interfere with the normal public use of public
shorelines;
3. That the proposed use of the site and design of the project will be
compatible with other authorized uses within the area and with uses planned
for the area under the comprehensive plan and this Master Program;
4. That the proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located; and
5. That the public interest will suffer no substantial detrimental effect.
In the granting of all Conditional Use Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
Conditional Use Permits were granted for other developments in the area where similar
circumstances exist, the total impacts from the conditional uses shall also remain
consistent with the policies of RCW 98.58.020 and shall not produce substantial adverse
effects to the shoreline environment.
E. Filing Shoreline Conditional Use Permits with the Department of Ecology -
Review of Conditional Use Permits
After the decision maker has made a final decision on a Conditional Use Permit
application, the Administrator shall file the Permit with the Department of Ecology for its
approval, approval with conditions, or denial. A permit data sheet in the form provided
under WAC 173-27-990 shall be submitted to the Department of Ecology with each
Conditional Use Permit. The Department of Ecology will issue its decision on a
Conditional Use Permit within thirty (30) days of filing. Filing is not complete until all
the required documents have been received by the Department of Ecology.
Upon receipt of the Department of Ecology's decision, the Administrator shall notify
those interested persons who requested notification of such decision.
Development authorized by a Conditional Use Permit shall not begin until twenty-one
(21) days from the date the Department of Ecology renders a decision on the Conditional
Use Permit and transmits that decision to the Administrator (date of filing). The
Department of Ecology shall notify the Administrator of the date of filing on an
individual Conditional Use Permit. In the event of an appeal refer to the provisions of
RCW 90.58.140 for when construction work may begin.
3.2 Variances
A. Purpose
The purpose of a Variance Permit is strictly limited to granting relief to specific bulk,
Page 21
dimensional, or performance standards set forth in the Master Program where there are
extraordinary circumstances relating to the physical property or configuration of property
such that the strict implementation of the Master Program would impose unnecessary
hardships on the applicant, including but not limited to denying reasonable use of a
SURSHUW\6KRUHOLQHXVHVVSHFLILFDOO\OLVWHGDV³SURKLELWHG´VKDOOQRWEHHOLJLEOHIRU
consideration as a Shoreline Variance.
B. Shoreline Variance Process
Description
Variances are requests to adjust the applicable setback and/or bulk and dimensional
requirements established by this Shoreline Master Program. Use variances are prohibited.
Process
Shoreline Variance Permits will be processed by the Administrator subject to public
notice, comment, and a public hearing. The decision maker shall be as provided in the
Shoreline Master Program of the Anacortes Municipal Code.
Application
1. An application for a Shoreline Variance shall be submitted on a form
provided by the Administrator and accompanying material provided as
required.
2. An applicant for a Substantial Development Permit who wishes to also
request a Variance shall submit the Variance application and the Substantial
Development Permit application simultaneously.
C. Variance Approval Criteria
The following criteria shall be used in evaluating Variance applications:
1. Criteria for Granting Upland Variances. Variance Permits for development
that will be located landward of the ordinary high water mark, including
those areas designated by the Department of Ecology as wetlands pursuant
to WAC 173-22, may be authorized provided the applicant can demonstrate
all of the following:
a. That the strict requirements of the bulk, dimensional, or performance
standards set forth in the Master Program preclude or significantly
interfere with a reasonable use of the property not otherwise prohibited
by the Master Program.
b. That the hardship described in subsection (a) above is specifically
related to the property, and is the result of unique conditions such as
irregular lot shape, size, or natural features and the application of the
Master Program, and not, for example, from deed restrictions or the
applicant's own actions.
Page 22
c. That the design of the project will be compatible with other authorized
uses in the area and will not cause adverse effects to adjacent
properties or the shoreline environment.
d. That the variance requested will not constitute a grant of special
privilege not enjoyed by the other properties in the area;
e. That the variance requested is the minimum necessary to afford relief;
f. That the public interest will suffer no substantial detrimental effect.
2. Criteria for Granting Variances Waterward of Ordinary High Water.
Variance Permits for development that will be located either waterward of
the ordinary high water mark (OHWM) or within wetlands as designated in
WAC 173-22, may be authorized provided the applicant can demonstrate the
following:
a. That the public rights of navigation and use of the shorelines will not
be adversely affected by granting the Variance;
b. That the strict application of the bulk, dimensional or performance
standards set forth in the Shoreline Master Program precludes all
reasonable use of the property;
c. That the proposal is consistent with the criteria established under
subsection 1.b. through 1.f. of this section.
3. In the granting of all Variances, 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 in the area where
similar circumstances exist, the total of the Variances should also remain
consistent with the policies of RCW 90.58 and should not produce
substantial adverse effects to the shoreline environment.
4. Requests for varying the use to which a shoreline area is to be put are not
requests for variances, but rather requests for conditional uses. Such
requests shall be evaluated using the Conditional Use Permit criteria set
forth above, but are limited to uses classified as such or for uses that are not
listed.
D. Filing Variance Permits with the Department of Ecology - Review of
Variance Permits
After the decision maker has made a final decision on a Variance Permit application, the
Administrator shall file the Permit with the Department of Ecology for its approval,
approval with conditions, or denial. A permit data sheet in the form provided by WAC
173-27-990 shall be submitted to the Department of Ecology with each Variance Permit.
The Department of Ecology will issue its decision on a Variance Permit within thirty (30)
Page 23
days of filing. Filing is not complete until all the required documents have been received
by the Department of Ecology and the Attorney General.
Upon receipt of the Department of Ecology's decision, the Administrator shall notify
those interested persons who requested notification of such decision.
Development authorized by a Variance Permit shall not begin until twenty-one (21) days
from the date of filing (the date the Department of Ecology renders a decision on the
Variance Permit and transmits that decision to the Administrator). The Department of
Ecology shall notify the Administrator of the date of filing on an individual Variance
Permit. In the event of an appeal refer to the provisions of RCW 90.58.140 for when
construction work may begin.
3.3 Nonconforming Development
Nonconforming development includes shoreline uses and structures which were lawfully
constructed, established, or created prior to the effective date of the Act or the Master
Program, or amendments thereto, but which do not conform to present regulations or
standards of the Master Program or policies of the act. In such cases, the following
standards shall apply:
3.4 Nonconforming Uses
3.4.1 Nonconforming uses includes shoreline uses which were lawfully
established prior to the effective date of the Act or the Master
Program, or amendments thereto, but which do not conform to present
regulations or standards of the Master Program or policies of the Act.
Any nonconforming use may be continued subject to the following
standards:
a. Change of ownership, tenancy, or management of a
nonconforming use shall not affect its nonconforming status;
provided, that the use does not significantly change or intensify;
b. Additional development of any property on which a
nonconforming use exists shall require that all new uses conform
to this Master Program and the Act;
c. If a nonconforming use is converted to a conforming use, no
nonconforming use may be resumed;
d. A nonconforming use which is moved any distance must be
brought into conformance with the Master Program and the Act;
e. If a nonconforming use is discontinued for a period of 365 or
more consecutive calendar days, it shall lose its nonconforming
status, and the continued use of the property shall be required to
Page 24
conform to the provisions of this Master Program and the Act.
3.4.2 A nonconforming use which is destroyed or substantially damaged by
fire or other act of nature (or accident) may be resumed provided that
any structure occupied by the nonconforming use may be rebuilt to the
same or smaller configuration existing immediately prior to the time
the structure was destroyed.
3.4.3 The change from one nonconforming use to another use not permitted
in the shoreline environment may be authorized as a Conditional Use
Permit if it is determined that the new use is no more detrimental to the
property in the shoreline environment and vicinity than the existing
use, the existing structures are unsuited for a use permitted in the
environment, and the criteria for a Conditional Use Permit are met.
3.5 Nonconforming Structures
Nonconforming structures include shoreline structures which were lawfully constructed
or placed prior to the effective date of the Act or the Master Program, or amendments
thereto, but which do not conform to present bulk, height, dimensional, setback, or
density requirements. Nonconforming structures may continue even though the
structures fail to conform to the present requirements of the environment designation in
which they are located. A nonconforming structure may be maintained as follows:
3.5.1 A nonconforming structure which is destroyed by fire or other act of
nature (or accident) may be rebuilt to the same or smaller
configuration existing immediately prior to the time the structure was
destroyed, provided that such rebuilding shall be completed within two
years of destruction, unless an extension for just cause is granted, and
the replacement structure does not warrant new shoreline armoring.
3.5.2 A nonconforming building or structure may be repaired and
maintained as provided in and as limited by this section. The
maintenance of such building or structure shall include only necessary
repairs and incidental alterations, which alterations, however, shall not
increase the nonconformity of such building or structure in any
direction; provided, that necessary alterations may be made as required
by other law or ordinance.
3.5.3 The Shoreline Administrator shall determine the replacement cost of a
structure.
3.5.4 A building or structure, nonconforming as to the bulk, dimensional and
density requirements of this title, may be added to or enlarged if such
addition or enlargement conforms to the regulations of the shoreline
environment in which it is located. In such case, such addition or
enlargement shall be treated as a separate building or structure in
Page 25
determining conformity to all of the requirements of this title.
3.5.5 A structure for which a variance has been issued shall be considered a
legal nonconforming structure and the requirements of this section
shall apply as they apply to preexisting nonconformities.
3.6 Nonconforming Lots
Undeveloped lots, tracts, parcels, or sites located landward of the ordinary high water
mark that were established prior to the effective date of the Act and the Master Program,
but that do not conform to the present lot size or density standards, are considered
nonconforming lots of record and are legally buildable subject to the following
conditions:
3.6.1 Consolidation Clause Where two or more contiguous lots of record
are under one ownership and one or more of the lots is nonconforming,
they are considered to be consolidated and may not be sold or
otherwise separated so as to create any resulting nonconforming lots.
3.6.2 Exemptions The following shall be exempt from the nonconforming
lot consolidation requirements set forth in section 3.6:
a. Any transfer, sale or conveyance of a nonconforming lot or lots
for the purpose of acquisition of property to preserve
environmentally sensitive areas;
b. Any transfer, sale or conveyance of a nonconforming lot or lots
to the City of Anacortes;
c. Any transaction for the sale or conveyance of a nonconforming
lot or lots where the parties executed a real estate purchase and
sale agreement, real estate contract or other legally valid
transaction document on or before the 1994 Zoning Ordinance
adoption date of April 4, 1994;
d. Any transfer, sale or conveyance of a fully developed
nonconforming lot that is contiguous with another fully
developed lot under the same ownership, conforming or
nonconforming; provided, that both lots were fully developed
prior to April 4, 1994.
3.6.3 All new structures or additions to structures on any lot shall meet all
buffer, setback, height and other construction requirements of the
Master Program, the Act, and shall also comply with all applicable
engineering design standards.
3.6.4 A lot line adjustment or restrictive covenant approved by the City shall
Page 26
be required prior to issuance of a building permit when a
nonconforming lot or lots and a conforming lot are contiguous and
owned by the same person(s)/entity.
3.6.5 Notwithstanding this section, for any lots created by platting prior to
1937 (the effective date of the State Subdivision Act, RCW 58.17), the
City may require compliance with RCW 58.17 and AMC for Land
Divisions prior to issuing building permits for the development of lots
in common ownership. The applicant shall comply with the
requirements of Chapter 16 AMC, Subdivisions.
Page 27
CHAPTER 4 MASTER PROGRAM ELEMENTS:
GOALS & POLICIES FOR THE
ANACORTES SHORELINE MASTER
PROGRAM
4.1 Introduction
4.2 Shoreline Use Element
4.3 Economic Development Element
4.4 Circulation Element
4.5 Public Access Element
4.6 Recreational Element
4.7 Conservation Element
4.8 Restoration Element
4.9 Historic, Cultural, Scientific and Educational Element
4.1 Introduction
This section contains goals that form the foundation of the Shoreline Master Program and
apply to all areas of Anacortes shoreline jurisdiction, regardless of the designated
shoreline environment. The Shoreline Management Act requires cities to adopt goals, or
³HOHPHQWV´WRJXLGHDQGVXSSRUWPDMRUVKRUHOLQHPDQDJHPHQWLVVXHV5&:
4.2 Shoreline Use Element
A. Purpose
As required by 90.58.100(2)(d) RCW, this section addresses the proposed general
distribution, location and extent of uses on shorelines and adjacent land areas for housing,
business, industry, transportation, agriculture, natural resources, recreation, education,
public buildings and grounds, and other categories of public and private uses of the land.
B. Goal
To establish and implement policies and regulations for land uses that are consistent with
the requirements of the Act, the Shoreline Master Program Guidelines, and the GMA, and
which promote a mixture of reasonable and appropriate shoreline uses that enhance the
&LW\¶VFKDUDFWHUHPSKDVL]HLWV connection with marine trades, foster its historic and
cultural identity, protect environmental resources, and achieve a net ecosystem
improvement over time.
C. Policies
Policy 4.2.1 Identify and designate those shoreline areas suited for particular long
term uses, including conservancy, recreational, residential,
commercial, and industrial.
Page 28
Policy 4.2.2 Avoid uses which would pre-empt preferred shoreline uses as
contemplated by the Shoreline Management Act.
Policy 4.2.3 Maximize water-dependent and water-related uses in appropriate
locations.
Policy 4.2.4 Encourage marine trades and water-oriented uses that are in keeping
with the historical character of the area.
Policy 4.2.5 Enhance public access and achieve no net loss of shoreline ecological
functions by appropriately locating, designing, and operating all
activities, development, and redevelopment.
Policy 4.2.6 Develop existing public view and access easements to facilitate public
access to the water and to the shoreline and pursue additional public
access opportunities. Private access opportunities are not limited by
this policy.
4.3 Economic Development Element
A. Purpose
As required by RCW 90.58.100(2)(a), this section addresses the location and design of
industries, industrial projects of statewide significance, transportation facilities, port
facilities, tourist facilities, commerce, and other developments that are particularly
dependent on their location on or use of the shorelines of the state. This section also
pURYLGHVFRQVLVWHQWSROLFLHVDQGSODQVZKLFKSURPRWHWKH6WDWH¶VFRQVWLWXWLRQDO
reservation of harbor areas for use by commerce and navigation and are consistent with
marine resource protection.
B. Goal
To foster a balanced, diversified, and sustainable marine oriented service in the local
HFRQRP\WKDWFRQWULEXWHVWR$QDFRUWHV¶KLJKTXDOLW\RIOLIHWKUough the protection and
HQKDQFHPHQWRIWKHFRPPXQLW\¶VQDWXUDOKLVWRULFDODQGFXOWXUDODPHQLWLHVDQGWKH
improvement of the financial well being of its residents.
C. Policies
Policy 4.3.1 Provide opportunity for development of water-dependent commercial
and industrial uses, preferably at locations that are currently developed
or at locations outside of critical habitat areas.
Policy 4.3.2 Plan so that deep water sites are available for uses requiring such sites.
Policy 4.3.3 Establish multiple-use commercial and industrial sites for compatible,
water-oriented development activities.
Policy 4.3.4 Encourage public access to the water and the shoreline in commercial
Page 29
areas.
Policy 4.3.5 Maintain and improve existing water quality to make waters attractive
to recreational users, and where appropriate, encourage uses
complementary and compatible with recreational development.
Policy 4.3.6 Detailed consideration should be given to enhancing the habitat
function of Fidalgo Bay to provide greater resource protection and
improved opportunities for recreation, tourism, and commercial
fisheries.
Policy 4.3.7 Support and maintain maritime industries and visitor services as
significant components of the area economy.
Policy 4.3.8 Give priority to new shoreline commercial and industrial development
that is water-dependent or water-related or which provides a
significant public benefit in the form of restoration of ecological
functions, and enhancement of public access and for revitalization of
historic resources.
Policy 4.3.9 Strengthen the marine trades economy while protecting the natural
environment and increasing public use of shoreline areas
a. Maintain and enhance Anacortes' character as a working
waterfront City by allowing marine-related commerce and
industry in appropriate shoreline areas.
b. Assist the Port of Anacortes in the development and
implementation of plans for Port properties that are consistent
with the Growth Management Act and the Shoreline Master
Program.
c. Plan and design shoreline open spaces that are compatible with
marine-related industrial and commercial uses of shoreline areas.
d. 3URPRWHWKHVNLOOPRWLYDWLRQDQGDYDLODELOLW\RI$QDFRUWHV¶
marine trade workforce as a regional resource of major
LPSRUWDQFHWRWKH&LW\DQG&RXQW\¶s economic future.
e. Encourage governmental and non-profit agencies to work with
local firms to identify and transfer technology that can increase
PDULQHWUDGH¶VFRPSHWLWLYHQHVV
f. Encourage the creation of marine trade jobs, including jobs
dependent upon traditional skills, construction techniques, and
materials, such as: sail and canvas accessory manufacture; spar
and rigging construction; marine-oriented carpentry; construction
of wooden boats; blacksmithing; and block-making and casting,
Page 30
as well as more modern skills and trades.
i. Support educational and vocational training efforts aimed
at enhancing marine trades skills, including mentorship and
apprenticeship programs.
ii. Promote marine trade enterprises on Port owned lands by
working with the Port of Anacortes.
Policy 4.3.10 The Fidalgo Bay Navigation Channel is a critically important deep
ZDWHUDFFHVVWRWKHPDULQHLQGXVWULHVORFDWHGRQWKH&LW\¶V)LGDOJR%D\
industrial and commercial marine zones. The current employment
level in these zones exceeds 1500 and has the potential to double over
the next 20 years.
The Fidalgo Bay Navigation Channel should be maintained at its
current federally authorized depth of -18 feet. The existing waterfront
connections to this channel and the upland connections to the water
access should be protected from encroachments (unless relocated to an
adjacent location). Provided that impacts are fully mitigated,
additional connections should be given the highest priority.
4.4 Circulation Element
A. Purpose
As required by 90.58.100(2)(d) RCW, this section addresses the general location and
extent of existing and proposed major thoroughfares, transportation routes, terminals, and
other public utilities and facilities, all correlated with the shoreline use element.
B. Goal
To achieve safe, convenient, non-motorized-friendly, and diversified circulation systems
to provide public access to the shoreline and efficient movement of people and goods,
with minimum disruption to the shoreline environment and minimum conflict among
shoreline uses and between shoreline users and abutting upland areas.
C. Policies
Policy 4.4.1 Maintain and improve existing navigation channels to serve water-
dependent uses and develop new navigation channels where
appropriate. New navigation channels shall be adequately mitigated.
Policy 4.4.2 Motorized land transportation routes should be located as far as
UHDVRQDEO\SRVVLEOHIURPWKHZDWHU¶VHGJHH[FHSWZKHUHQHHGHGWR
access water-dependent uses.
Policy 4.4.3 When possible, improve existing transportation facilities to enhance
economic, recreational, and visual benefits to the public.
Page 31
Policy 4.4.4 Assure that shore located activities provide sufficient parking in areas
which avoid possible adverse impacts to water quality or shoreline
views.
Policy 4.4.5 Require the installation of native vegetation adjacent to transportation
facilities.
Policy 4.4.6 The City should protect the former Burlington Northern right-of-way
from the railroad trestle to the Port marine terminal facilities for future
transportation planning and development.
4.5 Public Access Element
A. Purpose
This section makes provisions for public access to the shoreline as required by
90.58.100(2)(b) RCW.
B. Goal
To provide, maintain, and enhance a safe, convenient, and balanced system of public
access, both physical and visual: a system that increases the amount and diversity of
opportunity for the public to enjoy the shorelines of the state, including access for people
with disabilities to the extent feasible, while respecting the rights of private ownership; a
system that is respectful of fragile natural features of the shorelines; and, strives to
maintain the character of the community.
C. Policies
Policy 4.5.1 Provide for public access to shorelines in City parks and recreation
plans.
Policy 4.5.2 Increase opportunities for public view sites and identify publicly
owned access areas through appropriate signing.
Policy 4.5.3 Use street ends abutting shorelines for public access and view
easements, and develop lateral access along the waterfront connecting
access points unless an alternative public access plan has been agreed
to by the City.
Policy 4.5.4 Provide incentives for public shoreline access opportunities in private
developments.
Policy 4.5.5 Encourage development of facilities (restaurants, shops, markets)
which attract the public to appropriate shoreline areas.
Policy 4.5.6 Locate a public fishing pier along the Guemes channel with priority to
co-locating with an existing facility; the location has yet to be
determined.
Page 32
Policy 4.5.7 Incorporate design standards for appropriate building design and
landscaping including but not limited to height, bulk, scale, setbacks,
signage, lighting, and preservation of view corridors to protect and
enhance public access; encourage the use of native vegetation where
landscaping is required.
Policy 4.5.8 Preserve and enhance shoreline access areas through acquisition,
enhancement of shoreline street ends, signage of public access points,
and designation and design of specific shoreline access areas for small
vessels such as kayaks.
Policy 4.5.9 Promote a coordinated system of connected pathways, sidewalks,
passageways between buildings, beach walks, and shoreline access
points that increase the amount and diversity of opportunities for
walking and chances for personal discoveries.
Policy 4.5.10 Provide access for a range of users including pedestrians, cyclists,
boaters, and people with disabilities to the extent feasible.
Policy 4.5.11 Vary public access opportunities by providing a range from urban
water walks to viewing platforms of natural areas.
Policy 4.5.12 Expand the amount and diversity of shoreline public access
opportunities consistent with the character, functions, and values of the
shoreline, private property rights, and public safety.
Policy 4.5.13 Encourage plans by existing industries and public agencies occupying
waterfront lands, including the Port of Anacortes and Washington
State Ferries, to provide as much public accessibility to the water as
practicable, consistent with public safety, homeland security concerns,
and the protection of shoreline ecological functions.
Policy 4.5.14 Develop a waterfront trail along the Guemes Channel connecting
Washington Park to Downtown and the Tommy Thompson Trail,
while providing protection of intact shoreline ecological functions or
enhancement to shoreline functions where impaired conditions exist
and where such enhancements are feasible.
4.6 Recreational Element
A. Purpose
As required by 90.58.100(2)(c) RCW, this section provides for the preservation and
enlargement of recreational opportunities, including but not limited to parks, tidelands,
beaches, and recreational areas.
Page 33
B. Goal
To develop and maintain appropriate public and private recreational opportunities that are
compatible with adjacent uses and that minimize and mitigate for disruption and
degradation of the shoreline environment, recognizing the importance of existing park,
trail, and recreation areas.
C. Policies
Policy 4.6.1 Increase opportunities for water-oriented recreation in coordination
with the Port of Anacortes and Skagit County.
Policy 4.6.2 Develop priorities for acquisition of public recreation and access sites
in shoreline areas, particularly those providing lineal access, and
acquire sites through purchase or easements.
Policy 4.6.3 Encourage development of private recreational facilities.
Policy 4.6.4 Provide a balance of active recreational and passive open spaces.
Policy 4.6.5 Do not allow public recreation sites to exceed their capacity to sustain
the recreation experience sought by visitors.
Policy 4.6.6 'RQRWDOORZFRQIOLFWLQJUHFUHDWLRQDOXVHVWRGHFUHDVHDVLWH¶VSULPDU\
recreational value.
Policy 4.6.7 All uses abutting the Fidalgo Bay waterfront should provide a
walkway that will constitute a segment of a continuous, publicly
accessible esplanade (the walkway should be at least ten feet wide)
unless an alternative public access plan has been agreed to by the City.
Policy 4.6.8 Prohibit recreational facilities and activities that even after mitigation
are reasonably projected to significantly degrade fragile shoreline
ecosystems and ecological functions.
Policy 4.6.9 Public recreation facilities should be planned and designed to augment
and enhance private recreation facilities and vice versa.
Policy 4.6.10 Unique shoreline recreational areas and vistas should be preserved for
future generations.
Policy 4.6.11 Recreational planning and development should recognize the wide
variety of needs generated by the diverse local and regional
population.
Policy 4.6.12 Commercial recreational developments should conform to relevant
regulations contained in this Shoreline Master program.
Policy 4.6.13 Recreational developments, public and private, should be located,
Page 34
constructed, and operated so as not to be a hazard to public health and
safety nor should they materially interfere with normal public use of
the water and shorelines.
4.7 Conservation Element
A. Purpose
This section addresses the preservation of natural resources, including but not limited to
scenic vistas, aesthetics, and fish and wildlife habitat that are required by 90.58.100(2)(f)
RCW.
B. Goal
To preserve, protect, enhance and restore shoreline natural resources including scenic
vistas, aesthetics, estuaries, beaches, shorelines, fragile ecological areas, fish and wildlife
habitats, native vegetation and landforms, water, and air.
C. Policies
Policy 4.7.1 Preserve, protect, enhance and restore critical areas and shoreline
ecological processes and functions through regulatory and non-
regulatory means that may include required vegetated shoreline
setbacks, acquisition of key properties, regulation of development, and
incentives to encourage ecologically sound design and maintenance.
Policy 4.7.2 Locate, design, construct, and operate development so as not to
degrade water quality as measured by state water quality standards.
Policy 4.7.3 Achieve no net loss of shoreline ecological functions. This shall be
accomplished by the use of Mitigation Sequencing, as defined in this
master program, and as provided by WAC 173-26-201(2)(e).
Policy 4.7.4 Identify unique and sensitive shoreline areas for permanent protection.
Policy 4.7.5 Develop and apply appropriate conservation practices in public
shoreline areas.
Policy 4.7.6 (VWDEOLVKD³VLJQLILFDQWDUHDV´DFTXLVLWLRQIXQGGHVLJQHGWRSURYLGHIRU
acquisition and public land banking of privately-held priority
SURSHUWLHVDVD³GHYHORSPHQWPLWLJDWLRQ´VWUDWHJ\
Policy 4.7.7 Develop and design performance standards which will minimize
detrimental impacts of development upon the shoreline.
Policy 4.7.8 Encourage study and monitoring of waters and shoreline habitats;
maintain awareness of existing conditions and future alterations.
Policy 4.7.9 In conjunction with State regulatory and resource agencies, affected
Page 35
tribes, and the County, establish clear requirements for mitigating
development-related impacts to resources. These could include a pre-
approved set of mitigation projects, activities and strategies upon
which permit applicants could focus their mitigation plans.
Policy 4.7.10 Support research and demonstration efforts designed to create new
eelgrass beds which, if successfully developed, could serve as an
eelgrass mitigation bank.
Policy 4.7.11 All soils disturbed by use activities, and which are potentially erodable
or unstable should be stabilized through seeding, mulching, terracing
or other effective means.
Policy 4.7.12 Development on unique or fragile shoreline areas should be avoided
unless it can be shown in the proposal that development will not
degrade the shoreline, or that the development will enhance public use
of shoreline resources while fully mitigating for impacts to fragile
areas.
Policy 4.7.13 Shorelines are to be kept free of discarded waste materials.
Policy 4.7.14 Existing street rights-of-way or utility easements which offer physical
or visual access to the shorelines or water body should be maintained
in public ownership for resource conservation and as a recreational and
public view resource.
Policy 4.7.15 The City shall ensure that permit approval from the U.S. Department
of the Army, Corps of Engineers, is secured for all construction and
work performed in navigable waters of the United States; permit
approval of this agency is also required for the discharge of dredged or
fill material on wetlands adjacent and contiguous to navigable waters
of the United States.
Policy 4.7.16 Mitigation for all proposed shoreline development should comply with
Mitigation Framework requirements (Revised Final Integrated Fidalgo
Bay-Wide Plan & EIS, 2000 & EIS, Chapter VIII).
Policy 4.7.17 Protect existing shoreline trees and other shade vegetation, especially
in areas where surf smelt and/or sand lance spawning has been
documented.
Policy 4.7.18 The maximum width for either the wetland buffer or the shoreline
setback must be applied for the portion of the wetland that lies within
the shoreline setback.
Page 36
4.8 Restoration and Adaptive Management
Element
A. Purpose
Consistent with the Shoreline Management Act's policy on protection and restoration of
environmental resources of the shoreline, this section addresses the requirement to
achieve no net loss of ecological functions necessary to sustain shoreline natural
resources and to provide for the restoration of impaired ecological functions.
B. Goal
To achieve no net loss of ecological functions and strive to improve impaired shoreline
ecological functions with the goal of achieving improvement over time, when compared
to the status at the time of adoption of the Master Program.
C. Policies
Policy 4.8.1 Implement the Restoration Plan included in Appendix B of this Master
Program.
Policy 4.8.2 Encourage projects that restore/rehabilitate/enhance shoreline
resources. Strategies may include but are not limited to a simplified
permit process, reduced or waiver of permits fees, public outreach,
encouraging landowners to replant with native vegetation, tax relief,
transfer of development rights, and City participation.
Policy 4.8.3 Provide incentives for restoration by implementing tools which may
include, but are not limited to: modifying the shoreline setback area
that would apply to the restored areas or allowing a greater range of
uses or flexible development standards (e.g., setbacks, height limits,
lot coverage) on properties providing restoration.
Policy 4.8.4 Craft a preferential tax incentive in coordination with the County
through the Public Benefit Rating System administered by the County
under the Open Space Taxation Act (RCW 84.34) to encourage private
ODQGRZQHUVWRSUHVHUYHQDWXUDOVKRUHOLQHIHDWXUHVIRU³RSHQVSDFH´WD[
relief.
Policy 4.8.5 Employ Adaptive Management: Monitor and analyze the cumulative
impacts of development permitted in shoreline areas, including
development exempt from a Shoreline Substantial Development
Permit. Where impacts are occurring beyond that anticipated, the City
should revise the Master Program to address the cumulative impacts,
and/or revise the conditions of approval of developments to address
the new information.
Policy 4.8.6 Mitigation for new development projects should use enhancement of
Page 37
degraded conditions to offset the impacts of the new development near
shoreline resources.
Policy 4.8.7 During the project review process, mitigation for impacts of the
development should emphasize restoration of ecological functions.
4.9 Historic, Cultural, Scientific, and Educational
Element
A. Purpose
Protection and restoration of buildings, sites, and areas having historic, cultural,
scientific, or educational values.
B. Goal
To ensure the recognition, preservation, protection, and restoration of shoreline areas that
KDYHKLVWRULFDOFXOWXUDOHGXFDWLRQDORUVFLHQWLILFYDOXHDQGFUHDWHDXQLTXH³VHQVHRI
SODFH´LQWKHVKRUHOLQHMXULVGLFWLRQ
C. Policies
Policy 4.9.1 Foster greater appreciation for the importance of shoreline
management, environmental conservation, and maritime history and
activities by encouraging educational projects and programs.
Policy 4.9.2 Ensure that new development is compatible with existing historic
structures and cultural areas, and that it promotes the creation of our
own legacy for the future.
Policy 4.9.3 Encourage the rehabilitation, renovation, and adaptive reuse of upper
floors of historic buildings (e.g., for artist studios, permanent housing,
and office space).
Policy 4.9.4 Encourage public and private groups to research and study areas of
historical tribal or cultural significance.
Policy 4.9.5 Areas of historical or cultural significance should be considered in
park and recreation planning.
Policy 4.9.6 Develop guidelines to direct private and public development with
regard to historic structures and areas.
Page 38
CHAPTER 5 SHORELINE ENVIRONMENTS &
ASSOCIATED POLICIES AND
REGULATIONS
5.1 Introduction
5.2 Authority
5.3 Shoreline Environment Designations
5.4 Official Shoreline Environments Designation Map
5.5 Shorelines of Statewide Significance
5.6 Aquatic
5.7 Natural
5.8 Conservancy
5.9 Shoreline Residential
5.10 Urban
5.11 Urban Maritime
5.12 Shoreline Use and Modification Matrix and Development Standards
5.1 Introduction
The intent of designating shoreline environments is to encourage development that will
enhance the present or desired character of the shoreline. To accomplish this, segments
of shoreline are given an environment designation based on existing development
patterns, the biological and physical character of the shoreline, and the aspirations of the
local community as expressed through the comprehensive plans and criteria of the
Guidelines ± Chapter 173-26 WAC.
Environment designations are categories that reflect the type of development that has, or
should take place in a given area. The scheme of classifications represents a relative
range of development, from high to low intensity land use, and targets types of
development to specific areas. The environment classification scheme is intended to
work in conjunction with local comprehensive planning and zoning.
Management policies are an integral part of the environment designations and are used
for determining uses and activities that can be permitted in each environment. Specific
development regulations specify how and where permitted development can take place
within each shoreline environment. Development regulations in this chapter generally
govern use, height limits, and setbacks. Additional policies and development regulations
are provided for specific situations, uses and developments in other chapters of this
Master Program.
5.2 Authority
Local governments are required, under the Washington State Shoreline Management Act
of 1971 through WAC 173-26, to develop and assign a land use categorization system for
Page 39
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Master Program Guidelines describe the purpose of environment designations in WAC
173-26-191(1)(d):
Shoreline management must address a wide range of physical conditions and
development settings along shoreline areas. Effective shoreline management
requires that the shoreline master program prescribe different sets of
environmental protection measures, allowable use provisions, and development
regulations for each of these shoreline segments.
The method for local government to account for different shoreline conditions is
to assign an environment designation to each distinct shoreline section in its
jurisdiction. The environment designation assignments provide the framework for
implementing shoreline policies and regulatory measures specific to the
environment designation.
5.3 Shoreline Environment Designations
The Anacortes classification system consists of six shoreline environments that are
consistent with, and implement the Washington State Shorelines Management Act
(Chapter 90.58 RCW), the Shoreline Master Program Guidelines (Chapter 173-26 WAC),
and the City of Anacortes Comprehensive Plan. These environment designations have
been assigned consistent with the corresponding designation criteria provided for each
environment. In delineating environment designations the City of Anacortes aims to
assure that existing shoreline ecological functions are protected with the proposed pattern
and intensity of development. Such designations should also be consistent with policies
for restoration of degraded shorelines. The six shoreline environments are:
5.6 Aquatic
5.7 Natural
5.8 Conservancy
5.9 Shoreline Residential
5.10 Urban
5.11 Urban Maritime
These shoreline environments are based on those provided in the state Shoreline Master
Program Guidelines and include designation criteria and management policies that
recognize the unique characteristics of Anacortes and specific areas of the shoreline.
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5.4 Official Shoreline Environments Designation
Map
A. Map Established
The location and extent of areas under the jurisdiction of this Master Program, and the
Page 40
boundaries of the various shoreline environments affecting the lands and waters of the
City shall be as shown on the PDSHQWLWOHG³2IILFLDO6KRUHOLQH(QYLURQPHQWV
'HVLJQDWLRQ0DS&LW\RI$QDFRUWHV:DVKLQJWRQ´7KHRIILFLDOVKRUHOLQHPDSDQGDOO
the notations, references, and amendments thereto and other information shown thereon
are hereby made a part of this Master Program, just as if such information set forth on the
map were fully described and set forth herein.
B. File Copies
The official shoreline map shall be kept on file in the office of the City of Anacortes
Planning Department, the Washington State Department of Ecology, and the Washington
State Code reviser. Unofficial copies of the map may be prepared for administrative
purposes.
C. Map Amendments
The designation map is an integral part of this Master Program and may not be amended
except upon approval by the City and the Washington State Department of Ecology, as
provided under the Shoreline Management Act.
D. Boundary Interpretation
Where uncertainty or conflict may occur in the exact location of a jurisdictional or
shoreline designation boundary line, the Shoreline Administrator shall rely upon the
criteria contained in RCW 90.58.030(2) and chapter 173-22 WAC pertaining to
determinations of shorelands, as amended, rather than the incorrect or outdated map.
Undesignated shorelines will be designated Conservancy.
5.5 Shorelines of Statewide Significance
A. Introduction
7KH6KRUHOLQH0DQDJHPHQW$FWGHVLJQDWHVFHUWDLQVKRUHOLQHDUHDVDV³VKRUHOLQHVRI
VWDWHZLGHVLJQLILFDQFH´7KHVWDWHSXWVDGGHGHPSKDVLVRQWKHVHDUHDVWRHQVXUHWKDWWKey
are protected for the long-term interests of the people of the state.
The Shoreline Management Act states that the interests of all of the people of the state
shall be paramount in the management of Shorelines of Statewide Significance.
B. Areas Designated
Within the Anacortes shoreline jurisdiction, the waters of Puget Sound and Strait of Juan
de Fuca lying seaward from the line of extreme low tide are designated as Shorelines of
Statewide Significance. Padilla Bay, from March Point to William Point, is also
identified as a specific estuarine area and is considered a Shoreline of Statewide
Significance waterward from the ordinary high water mark and all associated shorelands.
C. Management Policies
Policy 5.5.1 Recognize the order of use preferences established by the Shoreline
Page 41
Management Act in formulating and implementing this Master
Program and any amendments affecting shorelines of statewide
significance. This Master Program gives preference to uses, in the
following order of preference, that:
a. Recognize and protect the statewide interest over local interest.
The City will consult with applicable state agencies, affected
Indian tribes, and statewide interest groups on proposed actions
affecting shorelines of statewide significance.
b. Preserve the natural character of the shoreline. Shoreline
environment designations and use regulations should direct
higher intensity uses away from functionally intact shorelines.
c. Result in long-term over short-term benefit. The benefits of new
development should be evaluated in light of the long-term
impacts on shoreline resources and aesthetics.
d. Protect the resources and ecology of the shoreline.
e. Increase public access to publicly owned areas of the shoreline.
Given that all of AnDFRUWHV¶VKRUHOLQHVRIVWDWHZLGHVLJQLILFDQFH
lie seaward of the line of extreme low tide, public access for
shorelines of statewide significance pertains to aesthetics and
access for recreational uses such as boating and scuba diving.
f. Increase recreational opportunities for the public on the
shoreline.
g. Provide for any other element as defined in RCW 90.58.100
deemed appropriate or necessary.
Policy 5.5.2 In addition to the provisions of this section, all proposed developments
and activities within Shorelines of Statewide Significance should
comply with Section 5.6 Aquatic and all other appropriate provisions
of this Master Program.
5.6 Aquatic
In addition to the aquatic policies and regulations set forth below, proposals involving
areas seaward of extreme low tide must comply with the policies for Shorelines of
Statewide Significance (section 5.5 above).
A. Purpose
The purpose of the Aquatic designation is to protect, restore and manage the unique
characteristics and resources of marine waters, including habitat, ecology, navigation and
public enjoyment.
Page 42
B. Designation Criteria
The Aquatic environment designation is the area located waterward of the ordinary high-
water mark. An Aquatic environment designation should be assigned to marine waters
and lands waterward of the ordinary high-water mark. The Aquatic environment includes
the water surface together with the underlying lands and the water column of such areas.
C. Rationale
The Aquatic shoreline environment allows specific control over potential in-water uses
and developments.
D. Management Policies
Uses
Policy 5.6.1 Limit uses and activities within the Aquatic environment to water-
dependent uses, ecological restoration and public access/recreational
improvements designed to provide access to the shoreline for a
substantial number of people, with few exceptions.
Policy 5.6.2 In aquatic areas adjacent to Urban or Urban Maritime designated
shorelines, permit water-enjoyment uses in existing over-water
structures along the Anacortes waterfront built prior to March 1, 2010
or in new structures in the limited instances where they are auxiliary to
and necessary in support of water-dependent uses. (For purposes of
over-water structures the mere presence of pilings would not meet the
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New Over-water Structures
Policy 5.6.3 Allow new over-water structures only for water-dependent and
accessory uses, restoration projects, public access, or minor, accessory
non-water-dependent Port facilities in conjunction with a water-
dependent use. New over-water structures, other than single-family
and community piers, must show significant public benefits and
approval shall only be granted after consideration has been given to
the environmental impacts to public resources.
Policy 5.6.4 Limit the size of new over-water structures to the minimum necessary
WRVXSSRUWWKHVWUXFWXUHV¶LQWHQGHGXVHDQGHQFRXUDJHPXOWLSOH-use as a
means of reducing impacts of shoreline development and increasing
effective use of water resources.
Reuse of Historic Over-water Structures
Policy 5.6.5 Permit minor expansions or rebuilding of historic over-water structures
when necessary to provide public access, to facilitate environmental
restoration, to facilitate preservation and reuse of historic structures, or
to meet building safety codes when in support of a water-dependent
use, PROVIDED the structures are rebuilt or expanded using
Page 43
environmentally-friendly designs and that construction activities
implement BMPs. The newly-expanded or rebuilt structure shall
provide better habitat function and values to fish and wildlife than the
existing structure. Minor is defined as less than a 10% increase in
overwater square footage.
Policy 5.6.6 Refurbish or rebuild existing piers and wharves to maintain a modern-
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redevelopment of existing pier and wharf structures may include
water-enjoyment uses PROVIDED the structures are rebuilt or
expanded using environmentally-friendly designs and that construction
activities implement BMPs. The newly-expanded or rebuilt structure
should provide better habitat function and values to fish and wildlife
than the existing structure. Non-water-dependent commercial uses
should not be allowed over water except in existing or replacement
structures or in new structures in the limited instances where they are
auxiliary to and necessary in support of water-dependent uses.
Policy 5.6.7 Develop, in coordination with the Port, a moorage float and dock
facility for passenger ferries and other seasonal commercial tour
vessels.
Design Elements
Policy 5.6.8 All developments and uses should be located and designed to
minimize interference with surface navigation, to be compatible with
adjacent aquatic and upland uses, and with wildlife resources, and to
consider impacts to public view.
Environmental Protection
Policy 5.6.9 Shoreline uses and modifications within the Aquatic environment
should be designed and managed consistent with the Environmental
Protection policies and regulations of Chapter 6 including, but not
limited to, preservation of water quality, habitat (such as eelgrass,
kelp, forage fish spawning beaches, etc.), natural hydrographic
conditions, and safe, unobstructed passage of fish and wildlife,
particularly those species dependent on migration.
Policy 5.6.10 Remove abandoned over-water structures when they no longer serve
their permitted use and provide no environmental benefit.
Policy 5.6.11 Multiple use of over-water facilities is encouraged.
Policy 5.6.12 Private, non-commercial docks for individual residential or community
use are allowed. The project should result in no net loss of ecological
functions and should pursue alternative alignments or locations to
avoid or minimize potential impacts.
Page 44
Policy 5.6.13 All over water and near-shore developments require habitat assessment
of site and adjacent beach sections.
E. Development Regulations
Uses
DR-5.6.1 Prohibited and allowed uses are generally identified in Table 5.1 in
Section 5.12 of this Master Program. In addition:
a. Water-dependent uses (e.g., water-dependent recreation and
moorage) that are neither prohibited by the adjoining upland
environmental designation nor associated with over-water
structures are allowed. (For uses involving over-water structures
see "New over-water structures" and "Historic Reuse of Over-
Water Structures" above and below).
b. Water-oriented recreational uses must be low to moderate in
intensity.
DR-5.6.2 The over-water footprint shall be designed and located to reduce
associated environmental impacts. Strategies may include limiting the
size of the footprint to that necessary to support the VWUXFWXUH¶V
intended use and/or extending the structure waterward to avoid
shading of critical habitat.
DR-5.6.3 Where feasible, over-water facilities shall be designed to
accommodate multiple uses consistent with the Aquatic designation as
a means of reducing the cumulative effects of numerous structures;
cost factors are to be included in the definition of feasible.
Reuse of Historic Over-water Structures
The Shoreline Management Act allows for protection and restoration of historical
buildings and the City of Anacortes Comprehensive Plan encourages adaptive reuse of
KLVWRULFDOO\VLJQLILFDQWVWUXFWXUHV6HYHUDOVXFKVWUXFWXUHVH[LVWDORQJWKH&LW\¶VVKRUHOLQH
These structures include traditional over-water structures (e.g., Nelbro Cannery). The
following regulations apply to proposals involving a new, water-enjoyment use on an
existing structure. (See also Sections 3.3-3.6 and 12.2 - Definitions)
DR-5.6.4 Water-enjoyment uses open to the general public may be permitted as
a conditional use on historic over-water structures provided the
following conditions are met:
a. 7KHVWUXFWXUHLVGRFXPHQWHGRQWKH&LW\¶VORFDOKLVWRULFUHJLVWHU
as a contributing structure.
b. Whenever redevelopment is proposed, the redevelopment
proposal must have overall environmental benefits that are
Page 45
greater after the redevelopment or expansion than before, and the
applicant shall document how the development will improve
shoreline ecological functions. The historic overwater footprint
may be altered provided that the revised footprint reduces
associated environmental impacts (e.g., a reduced footprint, a
design incorporating grates to allow light to penetrate, or even
extension of the dock). Minor expansion of existing over-water
structures may be permitted when necessary to provide public
access where it is currently lacking, for environmental
restoration, to preserve historic elements of the structure, or to
meet building safety codes.
c. The redevelopment will not result in a reduction in the amount of
physical public access to and over the water that currently exists.
d. Where new buildings are proposed on existing or reconstructed
historic over-water structures:
i. At least one third of the over-water structure, including a
perimeter walkway, is dedicated for public access and
enjoyment of the shoreline.
ii. The other two thirds must comply with the following:
WAC 173-26-231(3)(b) states that water-related and water
enjoyment use may be allowed as part of a mixed-use
development on over-water structures where they are
clearly auxiliary to and in support of water-dependent uses,
provided the minimum size requirement needed to meet
water-dependent use is not violated and the proposal
provides improved shoreline ecological functions.
iii. The design must be approved by appropriate historic
preservation agencies as being compatible with and
reinforcing of the architectural integrity of the historic
district.
e. All public access provisions shall be completed and available for
public use upon completion of the first component of
development.
f. The City of Anacortes shall be a party to a binding agreement or
other mechanisms will be utilized to guarantee the public access
and enjoyment provisions are continuously maintained.
g. Any proposed non-water-dependent commercial use must be
associated with a water-dependent use and designed to provide
for the public's interaction and enjoyment of the shoreline and
provide ecologic restoration.
Page 46
h. To encourage the preservation of privately owned historic over-
water structures and to encourage public access to such
structures, commercial uses catering to the general public may be
allowed if the structures are part of a mixed use that includes
water-dependent uses and provides a significant public benefit
with respect to thH6KRUHOLQH0DQDJHPHQW$FW¶VREMHFWLYHV
Such uses include shops, restaurants, specialty stores, small boat
rental, visitor moorage, transient lodging, etc. Limited
commercial office uses may also be considered.
i. Residential development (e.g., private residences,
condominiums, apartments) is not a preferred use of over-water
structures and shall be prohibited on any new or refurbished
historical over-water structures.
Design Elements for all over-water structures
DR-5.6.5 All structures that could interfere with navigation shall be marked in
accordance with the Coast Guard Private Aids to Navigation.
DR-5.6.6 Aquatic developments shall not be approved in narrow channels,
shipping lanes, or in other areas where they are a significant hazard to
navigation.
DR-5.6.7 Structures placed in the Aquatic designation shall blend into the
surroundings to the greatest extent feasible utilizing appropriate
color(s), texture, non-reflective materials, and other design
characteristics; cost factors are to be included in the definition of
feasible.
DR-5.6.8 All feasible methods shall be employed to minimize over-water noise
generation and pollution; cost factors are to be included in the
definition of feasible.
DR-5.6.9 Structures shall be designed with sensitivity to ecological processes
and/or function.
DR 5.6.10 Structures placed in the Aquatic designation shall minimize
interference with surface navigation, and shall be designed so as to
consider impacts to public views and to allow for the safe,
unobstructed passage of fish and wildlife, particularly those species
dependent on migration.
DR-5.6.11 New structures and uses in the Aquatic designation shall prevent water
quality degradation and alteration of natural hydrographic conditions,
and shall result in no net loss of ecological functions.
Page 47
Conditions of Approval
DR-5.6.12 Approval of new over-water structures shall include a condition that
structures, equipment, and materials shall be removed as soon as
practicable upon the cessation of a project's operation or a structure's
useful life. Any structure that is damaged or breaks away in the water
shall be repaired or removed by the permittee as soon as practicable.
Permittees who anticipate a temporary interruption of the use of a
facility or structure may be allowed to keep it in its permitted location
provided they notify and receive written concurrence from the
Administrator. Any structure not utilized for over one (1) year shall be
removed by the owner regardless of future anticipated use unless prior
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upon showing of good cause (e.g., environmental benefit, potential for
reuse consistent with historic character, removal may result in
environmental degradation).
DR-5.6.13 Permittees shall be liable for all damages to public and private
property resulting from their activities and development within the
Aquatic designation. The City may require liability insurance beyond
that required by the State if it is determined that state requirements are
not adequate to cover damages.
5.7 Natural
A. Purpose
The purpose of the Natural designation is to protect those shoreline areas that are
relatively free of human influence or that include intact or minimally degraded shoreline
functions intolerant 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, the Shoreline Master Program
should include planning for restoration of degraded shorelines within this environment.
B. Designation Criteria
The Natural designation includes those areas that can only accommodate very low
intensity uses to maintain the ecological functions and ecosystem-wide processes. A
Natural designation should be considered for shoreline areas if any of the following
characteristics apply:
1. The shoreline is ecologically intact and therefore ecological functions must
be maintained;
2. The shoreline is considered to represent ecosystems and geologic types that
are of particular scientific and educational interest;
3. The shoreline is unable to support new development or uses without
significant adverse impacts to ecological functions or risk to human safety;
Page 48
or
4. The shoreline is in public ownership and has been identified as a restoration
opportunity in Appendix B, Shoreline Restoration Plan, and is intended to
remain free of development.
Such shoreline areas include largely undisturbed portions of shoreline areas such as lakes,
wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline
habitats.
Ecologically intact shorelines, as used here, means those shoreline areas that retain the
majority of their natural shoreline functions, as evidenced by the shoreline configuration
and the presence of native vegetation. Generally, but not necessarily, ecologically intact
shorelines are free of structural shoreline modifications, structures, and intensive human
uses. Recognizing that there is a continuum of ecological conditions ranging from near
natural conditions to totally degraded and contaminated sites, this term is intended to
delineate those shoreline areas that provide valuable functions for the larger aquatic and
terrestrial environments which could be lost or significantly reduced by human
development.
C. Rationale
The Natural-designated areas in the City of Anacortes remain in a relatively natural state
and perform important ecological functions.
D. Management Policies
Uses
Policy 5.7.1 Allow uses that are in keeping with the primary goal of environmental
protection. To the extent feasible, new uses and activities should be
limited to restoration projects and public access or
recreational/educational uses.
Policy 5.7.2 Preserve and enhance ecological functions of the area by appropriately
designing permitted uses.
E. Development Regulations
Uses
DR-5.7.1 Prohibited and allowed uses are generally identified in Table 5.1 in
Section 5.12 of this Master Program. In addition:
a. Any development that would substantially degrade ecological
functions or the natural character of the shoreline (e.g., armoring
of the shoreline that would interrupt habitat forming processes
taking place within drift cells) is prohibited.
b. Upgrades of existing public facilities where no feasible
Page 49
alternative exists are permitted.
DR-5.7.2 Uses that result in restoration of ecological functions and/or fish and
wildlife habitat are encouraged if the use is otherwise compatible with
the character of the area.
Height Limitations
DR-5.7.3 No new or expanded building or structure is permitted except as
allowed in DR-5.7.1 and Table 5.1, and would be subject to the height
limits identified in DR-5.12.B.2 and Table 5.2.
Setbacks
DR-5.7.4 Unless otherwise specified herein, permanent structures, storage, and
hard surfaces are prohibited.
Design Elements
DR-5.7.5 Within the Natural designation, removal of vegetation and topsoil is
strictly regulated under the Vegetation Conservation provisions of
Section 6.5.
F. Legal Description
Washington Park:
Beginning at the intersection of Parcel #32465 or 5919 Cabana Lane and Parcel #32464,
thence West and North along the shoreline 6,760 feet to the intersection of Parcel #32393
and Parcel #31552. This area is all within 200 feet of the OHWM.
Washington Park ± North Side:
Beginning at a point West of the intersection of Parcel #31552 and Parcel #31551, 919
feet, thence East along the shoreline 1,883 feet to a point 829 feet East of the intersection
of Parcel #31552 and Parcel #31551. This area is all within 200 feet of the OHWM.
Shannon Point ± West Side:
Beginning at the intersection of Parcel #331554 and Parcel #31556, thence North along
the shoreline 2,317 feet to the intersection of Parcel #31555 and Parcel #31547. This
area is all within 200 feet of OHWM.
Shannon Point ± Lake Shannon:
Beginning at the intersection of Parcel #31547 and Parcel #31548, thence South and East
along the shoreline 1,077 feet to a point 748 feet West of in the intersection of Parcel
#31577 and Parcel #31576. Jurisdiction is 200-feet landward of the OHWM and
included the associated wetland (Lake Shannon wetland).
Ship Harbor Wetland:
Beginning at a point 636 West along the shoreline of the intersection of Parcel #31668
Page 50
and Parcel #31667, thence East along the shoreline 1,442 feet to the intersection of Parcel
#31667 and Parcel #31666. Jurisdiction is 200-feet landward of the OHWM and
included the associated wetland (Ship Harbor wetland).
Cap Sante - SE:
Beginning at the intersection of Parcel #56851 the South line of 6th Street Right of Way,
thence South and West along the shoreline 2,534 feet to the intersection of Parcel #56906
and Parcel #56905. This area is all within 200 feet of the OHWM.
Little Cranberry Lake:
The Western, Southern and Eastern shoreline of Little Cranberry Lake and entire
shoreline of Big Beaver Pond a distance of 12,210 feet. Jurisdiction is 200-feet landward
of the OHWM and included the associated wetland.
Heart Lake:
The Western half of the Heart Lake shoreline a distance of 5,056 feet. This area is all
within 200 feet of the OHWM.
Whistle Lake:
The Western, Southern and Eastern shoreline of Whistle Lake a distance of 7,634 feet.
This area is all within 200 feet of the OHWM.
Lake Erie:
Beginning at the intersection of Parcel #19038 and Parcel #19044 and traveling Southeast
along the shoreline of Lake Erie 1,335 feet to the intersection of Parcel #19044 and
Parcel #19152. This area is all within 200 feet of the OHWM.
5.8 Conservancy
A. Purpose
The Conservancy designation is intended to protect and restore the public benefits and
ecological functions of open space, floodplain, natural areas and other sensitive lands
(e.g., valuable historic, educational, or scientific research areas, areas of high scenic
value) where they exist within the City, while allowing a variety of compatible uses. It is
the most suitable designation for shoreline areas that possess a specific resource or value
that can be protected without excluding or severely restricting all other uses. It should be
applied to those areas that would most benefit the public if their existing character is
maintained, but which are also able to tolerate limited or carefully planned development
or resource use. Permitted uses may include recreational, cultural, and historic uses
provided these activities are in keeping with the goals of protection and restoration as
stated herein.
B. Designation Criteria
The Conservancy designation consists of valuable natural, cultural, or historical resources
Page 51
or environmental conditions that should be protected, conserved, and managed so that
those resources and areas remain available for the benefit of the public. The
Conservancy designation is assigned to appropriate shoreline areas, that is, those planned
for development that are compatible with maintaining or restoring ecological functions of
the area, and that are generally not suitable for water-dependent uses, if any of the
following characteristics apply:
1. They are suitable for water-related or water-enjoyment uses;
2. They are open space, floodplain or other sensitive areas that should not be
more intensively developed;
3. They have potential for ecological restoration;
4. They retain important ecological functions, even though partially developed;
or
5. They have the potential for development that is compatible with ecological
restoration.
C. Rationale
The Conservancy-designated areas in the City of Anacortes are preserved areas of open
space that support outdoor recreational uses. Their lack of intense development affords
the opportunity for ecological restoration. They also include cultural and historic
resources that should be preserved for continued public access.
D. Management Policies
Uses
Protect shoreline functions and resources by limiting, to the extent feasible, new uses and
activities in the Conservancy designation to recreational, cultural and historic uses
located and designed to avoid shoreline impacts.
Policy 5.8.1 Ensure the preservation of scenic and non-renewable natural resources
and the conservation of renewable resources for the benefit of existing
and future generations, by limiting permitted uses and assuring that
they are located and designed appropriately.
Policy 5.8.2 Encourage the following uses:
a. Uses that preserve the natural character of the area or promote
preservation of open space, culturally or historically significant
sites, or sensitive lands, either directly or over the long term.
b. Uses that result in restoration of ecological functions if the use is
otherwise compatible with the character of the area.
Policy 5.8.3 Give priority to water-oriented uses over non-water-oriented uses. For
Page 52
shoreline areas adjacent to commercially navigable waters, water-
dependent uses that cannot be reasonably located in other
environments should be given highest priority.
Policy 5.8.4 Establish best management standards for shoreline stabilization
measures, vegetation conservation, water quality, and shoreline
modifications within the Conservancy designation to ensure that new
development does not result in a net loss of shoreline ecological
functions or further degrade other shoreline values.
Policy 5.8.5 Public access and public recreation objectives should be implemented
in the Conservancy environment whenever feasible.
E. Development Regulations
Uses
DR-5.8.1 Prohibited and allowed uses are generally identified in Table 5.1 in
Section 5.12 of this Master Program. In addition:
a. Any development that would reduce the capability of vegetation
to perform normal ecological functions or that would have a
significant ecological impact on the area is prohibited;
b. The subdivision of property to support additional residential,
commercial or industrial uses that would require significant
vegetation removal or shoreline modification within the
Conservancy designation (i.e., subdivisions lying partially within
the Conservancy designation) must ensure that uses and
modifications proposed within the Conservancy designation are
consistent with this section and that the overall subdivision
results in no net loss of ecological functions.
c. As indicated in Table 5.1, development of one residential
dwelling unit may be allowed as a conditional use. This
provision applies only to existing platted lots and only if the
intensity of such use is limited as necessary to protect ecological
functions.
d. New roads and utility extensions may be approved as a
conditional use only where no feasible alternative exists. Cost
factors are to be included in the mitigation sequencing.
DR-5.8.2 Uses that result in restoration of ecological functions and/or enhance
fish and wildlife habitat are permitted if the use is otherwise
compatible with the character of the area.
Page 53
Setbacks
DR-5.8.3 Unless otherwise specified herein or in Table 5.2, permanent
structures, storage, and hard surfaces shall be set back a minimum of
one hundred (100) feet from the ordinary high water mark. Setbacks
are measured landward, on a horizontal plane, perpendicular to the
ordinary high water mark.
a. To prevent denying reasonable use of a parcel in violation of
constitutional or statutory requirements, a single residential
dwelling may be allowed within the setback, provided that
placement of structures, storage, and impervious surfaces shall
be limited to the minimum necessary to allow for reasonable use
of the property and impacts to wetlands and habitat functions are
mitigated through the Shoreline Variance process.
b. Developments consisting of public access and low-moderate
intensity water-oriented recreational uses are not required to
meet the one hundred (100) foot setback, but shall be approved
through the Shoreline Variance process. However, where such
development may be approved within the setback, the placement
of structures, storage, and hard surfaces shall be limited to the
minimum necessary for the successful operation of the use.
c. Development of public roads, utility corridors, and parking areas
that cannot be located outside of Conservancy-designated
shorelines are not required to meet the one hundred (100) foot
setback, but shall require a Conditional Use Permit. However,
further application proposals must include an analysis of
alternative locations for siting the proposed development to
ensure that all other locations outside of the setback and within
the vicinity of the project site have been evaluated. Where such
improvements may be approved within the setback, the
placement of structures, storage, and impervious surfaces shall
be limited to the minimum necessary for the successful operation
of the use.
DR-5.8.4 Any other deviations from the required setback shall be reviewed on
an individual basis through the Shoreline Variance permit process.
DR-5.8.5 Within the Conservancy designation, removal of vegetation and
topsoil is strictly regulated under the Vegetation Conservation
provisions of Section 6.5.
Design Elements
DR-5.8.6 For all residential development within shoreline jurisdiction, the area
of impervious surfaces (including parking areas, but excluding
Page 54
required right-of-way improvements) to be developed within shoreline
jurisdiction shall be limited by the slope of the lot as specified in the
following table. Preferential use of Low Impact Development (LID)
in sensitive shorelines areas shall be required.
Slope
Impervious limit (expressed as a
percentage of actual land area)
15% or less 30%
15-30 25%
Greater than 30% 20%
Areas waterward of the ordinary high water mark and areas of marine
bluffs, steep slopes, and wetlands shall not be included to calculate
land area. For example, only the buildable area landward of the
marine bluff edge shall be used in the calculation. Any increases
beyond these percentages of impervious surfaces shall require a
Shoreline Variance.
F. Legal Description
Washington Park:
Beginning at the intersection of Parcel #32393 and Parcel #31552, thence North and East
along the shoreline 383 feet to a point West of the intersection of Parcel #31552 and
Parcel #31551, 919 feet. This area is all within 200 feet of the OHWM.
Washington Park ± Boat Launch:
Beginning at a point 829 feet East of the intersection of Parcel #31552 and Parcel
#31551, thence North along the shoreline 1,692 feet to the intersection of Parcel #31554
and Parcel #31556. This area is all within 200 feet of the OHWM except for the north
315 feet which is the only area within 100 feet of the OHWM.
Shannon Point:
Beginning at the intersection of the Southwest corner of Parcel #31555 and Parcel
#31547, thence East along the shoreline 650 feet to a point 730 feet Northwest of the
intersection of Parcel #31547 and Parcel #31548 at Lake Shannon. This area is all within
200 feet of the OHWM.
Guemes Channel ± West of Lovrics:
Beginning at a point 803 feet West of the intersection of Parcel #31666 and Parcel
#31669, thence North and East along the shoreline 6,175 feet to a point at the intersection
of Parcel #31732 and Parcel #31739. This area is all within 100 feet of the OHWM.
Page 55
Guemes Channel ± East of Lovrics:
Beginning at the intersection of Parcel #31705 and Parcel #31703, thence North and East
along the shoreline 1,878 feet to the intersection of Parcel #31538 and Parcel #31532.
The West 1,403 feet are within 150 feet of the OHWM. The East 475 feet are within 25
feet of the OHWM.
Guemes Channel ± Guemes Ferry:
Beginning at the intersection of Parcel #31530 and Parcel #56024, thence North and East
along the shoreline 703 feet to a point 114 feet West of the intersection of Parcel #31523
and Parcel #31540. This area is all within 200 feet of the OHWM.
Cap Sante -SW:
Beginning at the intersection of Parcel #56906 and Parcel #56905, thence West and North
along the shoreline 2,280 feet to a point at the intersection of Parcel #56900 and Parcel
#56897. This area is all within 200 feet of the OHWM.
Fidalgo Bay ± North of Weaverling Spit:
Beginning at the intersection of Parcel #33198 and Parcel #33210, thence South and East
along the shoreline 2,880 feet to the intersection of Parcel #33202 and Parcel #33203.
This area is all within 200 feet of the OHWM.
Fidalgo Bay:
Beginning at the intersection of Parcel #33440 and Parcel #33439, thence Southeast and
Northwest along the shoreline 2,878 feet to a point at the intersection of Parcel #33445
and Parcel #112900. This area is all within 200 feet of the OHWM except for the West
462 feet that are within 150 feet of the OHWM.
Fidalgo Bay:
Beginning at the intersection of Parcel #33271 and Parcel #33268 thence South, East and
North to the City limits line on March Point along the shoreline 15,800 feet. This areas is
all within 200 feet of the OHWM.
Padilla Bay:
Beginning at a point 454 feet West of the intersection of Parcel #19709 and Parcel
#19707, thence Southeast along the shoreline 2,000 feet to a point at the intersection of
Parcel #19707 and the Anacortes City Limits. Jurisdiction is 200-feet landward of the
OHWM and included the associated wetlands in Parcel #19676.
Little Cranberry Lake:
The Northern shoreline of Little Cranberry Lake a distance of 1,548 feet. This area is all
within 200 feet of the OHWM.
Heart Lake:
The Eastern half of the Heart Lake shoreline a distance of 4,295 feet. This area is all
Page 56
within 200 feet of the OHWM.
Whistle Lake:
The Northern shoreline of Whistle Lake a shoreline distance of 782 feet. This area is all
within 200 feet of the OHWM.
5.9 Shoreline Residential
A. Purpose
The purpose of the Shoreline Residential designation is to accommodate residential
development and associated structures that are consistent with the Shoreline Management
Act, this Master Program, and the protection and restoration of ecological functions. An
additional purpose is to provide appropriate public access and recreational uses.
B. Designation Criteria
The Shoreline Residential designation is appropriate for shoreline areas that are planned
and platted for residential development. Appropriate infrastructure either exists within
these areas or is planned to be extended for the purpose of serving residential
development.
C. Rationale
The Shoreline Residential-designated areas are privately owned lands zoned for
residential development and have become established as residential neighborhoods. The
Shoreline Residential designation is an area of low- and moderate-intensity residential
land that maintains significant natural features. Infrastructure either exists or is planned
to extend to these areas for the purpose of serving residential development.
D. Management Policies
Uses
Policy 5.9.1 Allow residential uses as the primary allowed uses in the Shoreline
Residential designation.
Policy 5.9.2 Allow limited non-residential uses such as community clubhouse, day
cares, home occupation businesses, churches, and bed and breakfasts
provided they are consistent with the residential character of the
neighborhood.
Policy 5.9.3 Implement public access, public education (e.g., interpretive signs),
and public recreation objectives whenever feasible while ensuring that
significant ecological impacts can be mitigated and private property
rights reserved.
Policy 5.9.4 Encourage protection/restoration of ecological functions through
proactive public education, reduced setback incentives and
stewardship programs.
Page 57
Design Elements
Policy 5.9.5 Allow development only in those areas where impacts and hazards to
or caused by the proposed development can be effectively mitigated
and where the environment is capable of supporting the proposed use
in a manner that protects ecological functions.
Policy 5.9.6 Minimize impacts to bluffs by requiring shoreline development to
implement low impact development (LID) stormwater techniques as
described in Low Impact Development, Technical Guidance Manual
for Puget Sound (PSAT, January 2005).
Policy 5.9.7 Protect public vista points and views enjoyed by a substantial number
of occupied residences by ensuring that new development is
sensitively located and designed. Private views of the shoreline,
although considered during the review process, are not expressly
protected. Property owners concerned with the protection of views
from private property are encouraged to obtain view easements,
purchase intervening property and/or seek other similar private means
of minimizing view obstruction.
Policy 5.9.8 Provide for public access and joint-use of recreational facilities when
permitting multi-lot developments (i.e., more than four), multi-family
residential, cottage developments and recreational facilities.
Policy 5.9.9 Provide adequate access, utilities, and public services to serve existing
needs and/or planned future development.
Policy 5.9.10 While shoreline setbacks based on science are preferred to protect
ecological functions, using them may not be feasible where previous
development has significantly altered the natural shoreline
environment, such as along some parts of Burrows Bay. In such areas,
an alternative strategy is established for new and re-development using
smaller shoreline setbacks that are based on the existing development
pattern, in combination with mitigation requirements that provide
enhancement of existing degraded conditions and offsets impacts of
the development on shoreline ecological functions.
E. Development Regulations
Uses
DR-5.9.1 Prohibited and allowed uses are generally identified in Table 5.1 in
Section 5.12 of this Master Program.
DR-5.9.2 Limited non-residential uses, such as community clubhouse, day cares,
home occupation businesses, churches, and bed and breakfasts, may be
allowed, provided they are consistent with the residential character and
the underlying zoning.
Page 58
Height Limitations
DR-5.9.3 New or expanded structures shall be limited to maximum heights as
specified in Table 5.2, except the height limit shall not apply to
television antennas, chimneys, flagpoles, public utilities, private
residential wind-powered generators, and similar appurtenances.
DR-5.9.4 Fill shall not be used as a means to increase the allowable height. See
Table 5.2 and Chapter 12 for height definition.
Setbacks
DR-5.9.5 Shoreline Setback - Permanent buildings and structures including
common appurtenant structures such as garages and decks over 30
inches above grade shall be set back a minimum of sixty (60) feet from
the ordinary high water mark, except for the shoreline along Burrows
Bay between the east extent of Croatian Way and Skyline Way which
shall have a minimum setback of twenty-five (25) feet from the
ordinary high water mark. Patios, decks under 30 inches, or other
structural or impervious surfaces, shall be limited to no more than 150
square feet and intrude no more than 10 feet into the shoreline setback.
Pathways providing access to the shoreline, not including trams, are
allowed but shall utilize pervious materials. Setbacks are measured
landward, on a horizontal plane, perpendicular to the ordinary high
water mark. Setback requirements shall apply to non-water-dependent
structures and uses and do not apply to piers, ramps or docks.
DR-5.9.6 Exceptions from the Shoreline Residential setback may be granted
through an administrative approval. Any restrictions or conditions
which are tied to the parcel through this exception process shall be
recorded on a revised Notice on Title. Such exceptions include:
a. For areas with a setback of 60 feet, reductions of up to twenty-
five (25) percent of the standard setback, may be approved if the
applicant demonstrates that either:
i. enhancing the setback (by removing invasive plants,
planting native vegetation, installing habitat features such
as downed logs or snags, or other means) will result in a
reduced setback that functions at a higher level than the
existing standard setback; or
ii. conditions (existing uses or developments) exist within the
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impair delivery of most riparian functions.
b. If the applicant can demonstrate that a single-family residence or
otherwise allowed non water-oriented use cannot be
accommodated or accomplished outside of the standard or
Page 59
standard reduced setback, a reduction in the setback width not
exceeding fifty (50) percent may be approved administratively.
Adequate space for a single-family residence and associated yard
is considered to be available when the buildable lot depth is
eighty (80) feet or greater as measured from the ordinary high
water mark. The approved reduction may be no more than that
necessary to accommodate the allowed use. These modifications
of standards may be approved with either a Shoreline Substantial
Development Permit or, if applicable, a shoreline exemption,
where the modification is consistent with underlying zoning
regulations and are not anticipated to have adverse impacts on
adjacent properties. In such cases, for either single family
residences or non-water oriented uses, the City may allow a
decrease in front yard setback or side yard setback standards if
those actions will reduce or eliminate the need for the shoreline
setback reduction. However, any deviation in front yard setback
or side yard setback beyond already specified limits may require
a zoning variance.
c. The applicant must submit a mitigation plan that addresses the
specific habitat components and/or ecological functions that may
be lost as a result of either reduction mechanism. Such a
mitigation plan shall document how the proposed mitigation
accounts for no net loss of ecological functions. Mitigation plan
elements, including monitoring and maintenance, shall be
included in the plan consistent with mitigation plan requirements
outlined in the City of Anacortes shoreline-specific critical areas
regulations (see Appendix A and Chapter 6). Plan elements may
include one or more of the following:
i. Restoration of the reduced setback as needed with native
vegetation, including trees and shrubs found in undisturbed
riparian areas of Fidalgo Island.
ii. Removal of all or portions of existing shoreline armoring
located at, below, or within 5 feet landward of the ordinary
high water mark and subsequent restoration of the
shoreline to a natural or semi-natural state, including
restoration of topography, aquatic and upland habitat
features, and beach/substrate composition as appropriate.
iii. Opening of previously piped on-site watercourse to allow
potential rearing opportunities for anadromous fish.
Opened watercourses must be provided with a native
planted setback at least ten (10) feet wide on either side of
the stream, and must not encumber adjacent properties
without express written permission of the adjacent property
Page 60
owner.
iv. Installation of biofiltration/infiltration mechanisms, such as
bioswales, created and/or enhanced wetlands, or ponds, that
exceed standard stormwater requirements.
v. Installation of pervious materials for driveway, parking or
road construction.
d. Where a residential setback was established as part of the
approval of a residential subdivision, the established subdivision
setback shall take precedence except when such setback has
expired or no longer exists per RCW 58.17.170.
e. For developed single-family residential waterfront lots, beach
stairs may be allowed where they do not interfere with other
areas of public access, do not extend waterward of the ordinary
high water mark, and do not impair visual access of the shoreline
from neighboring lots.
DR-5.9.7 Deviations from the required setback beyond the allowed exceptions
described above shall be reviewed on an individual basis. A request for
such a deviation shall be considered a variance following the
procedures established under Section 3.2 and will be subject to the
variance review criteria established under Section 3.2.C of this Master
Program.
DR-5.9.8 Developments consisting of water-dependent scientific, historical,
cultural, educational research uses, public access, low-moderate
intensity water-oriented recreation open to the general public and
ecological restoration are not required to meet the setback requirement.
However, where such development may be approved within the
setback, the placement of structures, storage, and impervious surfaces
shall be limited to the minimum necessary for the successful operation
of the use.
DR-5.9.9 Removal of vegetation and topsoil is strictly regulated under Section
6.5, Vegetation Conservation.
Design Elements
DR-5.9.10 For all residential development within shoreline jurisdiction, the area
of impervious surfaces (including parking areas, but excluding
required right-of-way improvements) to be developed within shoreline
jurisdiction shall be limited by the slope of the lot as specified in the
following table.
Page 61
Slope Impervious limit (expressed as a
percentage of actual land area)
15% or less 30%
15-30 25%
Greater than 30% 20%
Areas waterward of the ordinary high water mark and areas of marine
bluffs, steep slopes, and wetlands shall not be included to calculate
land area. For example, only the buildable area landward of the
marine bluff edge shall be used in the calculation. A Shoreline
Variance is required for reduction of dimensional standards.
DR-5.9.11 Where riparian vegetation does not exist or is degraded, a minimum of
fifteen percent (15%) of the total lot area shall be retained or replanted
in native vegetation. Areas to be retained or replanted shall include
the largest contiguous, and/or most waterward blocks of native
vegetation located on site. If few or no areas of native vegetation
remain, the vegetation retention area shall be replanted with species
native to shoreline areas of Fidalgo Island. For additions and
expansions of existing developments, replanting shall be
commensurate with the degree of impact resulting from the new
development. For lots which border the OHWM, all revegetation shall
take place within the shoreline setback in order to provide the greatest
benefit.
F. Legal Description
Skyline Area:
Beginning at the city limits line along Burrows Bay, and inside Flounder Bay a length of
9,860 feet along the shoreline to a point at the intersection of Parcel #60074 or 5801
Kingsway and Parcel #60075 or 1901 Skyline Way. This area is all within 200 feet of the
OHWM.
Washington Court:
Beginning at the intersection of Parcel #31554 and Parcel # 31557, thence North 315 feet
to the intersection of Parcel #31554 and Parcel #31556. This area is 100 feet inland of
the OHWM and 100 feet deep.
Guemes Channel ± West of Lovrics:
Beginning at a point 803 feet West of the intersection of Parcel #31666 and Parcel
#31669, thence North and East 6,685 feet to a point 510 feet East of the intersection of
Parcel #31732 and Parcel #31739. This area is 100 feet inland of the OHWM and 100
feet deep.
Page 62
Guemes Channel ± East of Lovrics:
Beginning at the intersection of Parcel #31705 and Parcel #31703, thence North and East
4,602 feet to the intersection of Parcel #31523 and Parcel #31540. The West 1,413 feet
are 150 feet off the OHWM and 50 feet deep. The East 3,189 feet are 50 feet off the
OHWM and 150 feet deep.
Cap Sante ± NE:
Beginning at the intersection of Parcel #32871 and the East line of the ³8´$YHQXH5LJKW
of Way, thence East and South along the shoreline 3,100 feet to the intersection of Parcel
#56851 and the South line of the 6th Street Right of Way. This area is all within 200 feet
of the OHWM.
5.10 Urban
A. Purpose
The purpose of the Urban designation is to provide for commercial, industrial, and
recreational uses; residential uses in some locations; and public land uses while seeking
opportunities for protection and restoration of ecological functions.
B. Designation Criteria
The Urban designation is appropriate for areas that currently support or are planned for
general commercial or industrial development. The Urban designation is located
landward of the ordinary high water mark.
C. Rationale
The Urban-designated areas are zoned for industrial and commercial uses. Existing and
planned uses in the Urban designation represent a variety of water-oriented and non-
water-oriented uses. In addition, current zoning allows for retail businesses, professional
offices, hotels, restaurants, personal service shops, recreational uses, marinas, and
residential uses. The state ferry terminal at Ship Harbor is included in this designation.
D. Management Policies
Uses
Policy 5.10.1 Give priority to water-oriented uses over non-water-oriented uses.
First priority should be given to water-dependent uses. Second
priority should be given to water-related uses and third priority to
water-enjoyment uses. Non-water-oriented uses shall only be allowed
if they are part of mixed used developments where the primary use is
(1) water-dependent or (2) water-related, or (3) in conjunction with a
water-enjoyment use on sites where there is no access to water.
Policy 5.10.2 Encourage uses that enhance ecological functions and/or enhance
opportunities for the public use and enjoyment of the shoreline; new
development shall not cause a net loss of shoreline ecological
Page 63
functions.
Design Elements
Policy 5.10.3 Ensure that, where applicable, improvements within this district are
reviewed for compatibility and consistency with the Design Standards
codified in the zoning code.
Policy 5.10.4 Encourage designs that incorporate conservation and restoration
elements, such as restoration of intertidal habitat, shoreline vegetation,
and enhancement of public access.
Policy 5.10.5 Require, where applicable, new development and/or redevelopment to
include environmental cleanup (e.g., removal of contaminated soils)
and restoration of the shoreline in accordance with state and federal
requirements.
Public Access
Policy 5.10.6 Plan for a public pedestrian walkway system along the Urban
waterfront utilizing a combination of natural beaches, pathways, piers,
wharves, street-ends, sidewalks, stairways, or other improvements.
Although it may not be feasible for the walkway system to be
continuous throughout the entire area, it should promote quality
pedestrian access to and along major portions of the waterfront. Street-
ends should, at a minimum, become developed access points to the
shoreline. Linkage between these street-ends should be determined by
the physical characteristics of the shorelines, existing development
patterns, potential for structural improvements, and other factors
relevant to developing a continuous pedestrian system. Port of
$QDFRUWHV¶ Integrated Approach to Marine Public Access, Final
Report (October, 2003), is incorporated by reference into this SMP.
Policy 5.10.7 Encourage designs that enhance pedestrian traffic without impeding
vehicular traffic through the use of paving textures, fencing,
landscaping, and signage that make a greater distinction between
automobile traffic and pedestrian circulation systems.
E. Development Regulations
Uses
DR-5.10.1 Prohibited and allowed uses are generally identified in Table 5.1 in
Section 5.12 of this Master Program. In addition:
a. Mini-storage is prohibited.
b. Radio and television towers as a primary use are prohibited.
DR-5.10.2 Development that can be classified as a water-dependent, water-
Page 64
related, or water-enjoyment use shall be permitted.
DR-5.10.3 A limited range of non-water-oriented development, open to the
general public, while not preferred, may also be authorized as a
conditional use provided said development:
a. Conforms with the criteria set forth for conditional uses in
Section 3.1;
b. Is designed and located in manner that capitalizes on shoreline
views and is compatible with water-oriented uses;
c. Makes provisions for the public access and enjoyment consistent
with this Master Program; and
d. Is part of a mixed-use development or the parcel is separated
from the water. (See WAC 173-26-211(5)(d)(ii)(A)).
DR-5.10.4 Multi-family residential or transient accommodation (hotel and motel)
uses may be permitted provided they meet the requirements for non-
water-oriented uses listed in subsections (a)-(d) of DR-5.10.3 and
further that said use meets the following terms:
a. Public access and enjoyment shall be the primary design
consideration. Private and public space shall be appropriately
separated through sensitive design.
b. The development shall be a mixed use project.
c. A maximum of 50% of total floor area may be devoted to
multifamily residential and/or transient accommodations;
provided that up to an additional 25% of total floor area may be
devoted to multifamily residential and/or transient
accommodations upon obtaining a waiver under section f below.
d. The floor area not devoted to multifamily residential and/or
transient accommodations shall be used as follows:
i. No less than 25% of the total floor area of the development
shall be devoted to water-oriented uses unless a
Conditional Use Permit is obtained under section (f) below.
ii. The remaining floor area shall be devoted to non-water-
oriented uses accessible to the general public (e.g., retail,
personal services, recreational and cultural uses) excluding
transient accommodations.
e. Residential uses may only be placed above a commercial ground
Page 65
floor.
f. Restoration/Public Access Incentive ± the increase in non-water-
oriented use in (c) and the minimum water-oriented use in (d)(i)
of this section may be applied through a Conditional Use Permit
when the proposal provides restoration of ecological functions,
habitat enhancement, and/or provision of public access
improvements (e.g., parks, esplanades; etc.), that constitute a
significant improvement.
The following criteria shall apply:
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consistent with this Master Program without additional
probable significant adverse impacts to public health,
safety or the environment, that cannot be adequately
mitigated.
ii. ,WHPVWKDWPD\FRQVWLWXWHDµVLJQLILFDQWLPSURYHPHQW¶
include; but, are not limited to, (1) preservation of critical
shoreline habitat, (2) restoration of impaired ecological
functions, (3) dedication to the City of land for a public
park or open space, (4) preservation of scenic resources, (5)
enhanced public access amenities, and (6) educational
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the maritime world.
g. Residential and transient accommodation uses must not intrude
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h. Building designs that step back from the public area are
encouraged (e.g., upper floors step back from the public area).
DR-5.10.5 Additional allowed, conditional, and prohibited uses for the Urban
designation are listed in Table 5.1.
Height Limitations
DR-5.10.6 New or expanded structures shall be limited to maximum heights as
specified in Table 5.2.
Setbacks
DR-5.10.7 New, permanent buildings and structures shall be set back a minimum
of twenty-five (25) feet from the ordinary high water mark. Setbacks
are measured landward, on a horizontal plane, perpendicular to the
shoreline. Shoreline setback requirements shall apply to non-water-
dependent structures and uses.
Page 66
DR-5.10.8 Developments consisting of water-dependent scientific, historical,
industrial, cultural, or educational research uses, public access, water-
oriented recreation and ecological restoration are not required to meet
the shoreline setback requirements, nor are piers, ramps or docks.
F. Legal Description
Skyline Area:
Beginning at the intersection of Parcel #60074 or 5801 Kingsway and Parcel #60075 or
1901 Skyline Way, thence following the shoreline around Flounder Bay and Burrows
Strait a length of 6,462 feet to the intersection of Parcel #32465 or 5919 Cabana Lane and
Parcel #32464. This area is all within 200 feet of the OHWM.
Ferry Terminal:
Beginning at a point West of the intersection of Parcel #31577 and Parcel #31576 thence
South and East along the shoreline 1,077 feet to a point 636 feet West of the intersection
of Parcel #31668 and Parcel #31667. This area is all within 200 feet of the OHWM.
Ship Harbor:
Beginning at the intersection of Parcel #31667 and Parcel #31666, thence East along the
shoreline of Guemes Channel 554 feet to a point 803 feet West of the intersection of
Parcel #31666 and Parcel #31669. This area is all within 200 feet of the OHWM.
Guemes Channel ± Lovric:
Beginning at the intersection of Parcel #31732 and Parcel #31739, thence East along the
shoreline of Guemes Channel to the intersection of Parcel #31705 and Parcel #31703.
This area is all within 200 feet of the OHWM except for the West 500 feet which is only
100 feet off the OHWM.
Guemes Channel ± B-H Ave.:
Beginning at the intersection of Parcel #31538 and Parcel #31532, thence East along the
shoreline of Guemes Channel 2,644 feet to the intersection of Parcel #31537 and Parcel
#31534. All within 50 feet of the OHWM.
Cap Sante Basin ± Fidalgo Bay - South to 34th St.:
Beginning at the intersection of Parcel #56900 and Parcel #56897, thence North, West,
and South along the shoreline 11,733 feet to a point at the intersection of Parcel #119601
and Parcel #33196. This area is all within 200 feet of the OHWM.
Fidalgo Bay - Weaverling Spit ± North Side:
Beginning at the intersection of Parcel #33202 and Parcel #33203, thence South and East
along the shoreline 1,770 feet to a point at the intersection of Parcel #33440 and Parcel
#33439. This area is all within 200 feet of the OHWM.
Page 67
Fidalgo Bay - Weaverling Spit ± South Side:
Beginning at the intersection of Parcel #33445 and Parcel #112900, thence West and
South along the shoreline 670 feet to a point at the intersection of Parcel #33271 and
Parcel #33268. This area is all within 200 feet of the OHWM except for the East 462 feet
that are off the OHWM 150 feet and 50 feet deep.
5.11 Urban Maritime
A. Purpose
The purpose of the Urban Maritime designation is to preserve a variety of water-
dependent, water-oriented, and water-related public, commercial, and industrial uses such
as those associated with the Port of Anacortes.
B. Designation Criteria
The Urban Maritime designation is appropriate for high intensity urban uses that are
currently zoned Manufacturing/Shipping.
C. Management Policies
Uses
Policy 5.11.1 Give preference to water-dependent transportation, shipping, Port, and
manufacturing uses due to their proximity to deep shipping berths and
channels and to navigable waters.
Policy 5.11.2 Encourage expansion of water-dependent and water-related uses.
Policy 5.11.3 Non-water-oriented uses should not be allowed unless they are a
supportive use to a water-oriented use or are established along with the
water-oriented use.
Policy 5.11.4 Primary non-water-oriented uses should not be permitted.
Policy 5.11.5 Existing non-water-oriented industrial and commercial uses should be
encouraged to relocate to non-waterfront property.
Policy 5.11.6 Industrial and commercial development along Urban Maritime
shorelines should provide protection of existing ecological functions
where practicable and mitigated. It should also provide public access
opportunities only where appropriate and where public safety would
not be compromised and alternative off-site provision has been made.
Public Access
Policy 5.11.7 Where desirable and practicable, industrial and commercial facilities
should be designed to facilitate pedestrian waterfront activities. The
3RUWRI$QDFRUWHV¶,QWHJUDWHG$SSURDFKWR0DULQH3XEOLF$FFHss,
October 2003 is incorporated by reference, and substitutes for uniform
Page 68
public access requirements on individual port actions.
D. Development Regulations
DR-5.11.1 Prohibited and allowed uses are generally identified in Table 5.1 in
Section 5.12 of this Master Program.
DR-5.11.2 Where applicable, require new development to include environmental
cleanup (e.g. removal of contaminated soils) and restoration of the
shoreline in compliance with state and federal laws.
DR-5.11.3 No net loss of shoreline ecological function shall result from new
development.
DR-5.11.4 Any impacts to ecological functions shall be fully mitigated with the
mitigation sequencing defined in Chapter 12. If mitigation is required
for water-dependent use, off-site mitigation in conjunction with
appropriate on-site mitigation would be most appropriate.
DR 5.11.5 Redevelopment and renewal of substandard, degraded, or obsolete
urban shoreline areas shall be encouraged in order to make maximum
use of the available shoreline resources and to accommodate future
water-oriented uses.
DR 5.11.6 Residential or transient accommodation uses are prohibited in the
Urban Maritime designation.
DR 5.11.7 Ensure that, where applicable, improvements are reviewed for
consistency with the Design Standards codified in the zoning code.
Height Limitations
DR-5.11.8 New or expanded structures shall be limited to maximum heights as
specified in Table 5.2.
Setbacks
DR-5.11.9 New, permanent buildings and structures shall be set back a minimum
of twenty-five (25) feet from the ordinary high water mark. Setbacks
are measured landward, on a horizontal plane, perpendicular to the
shoreline. Setback requirements shall apply to non-water-dependent
structures and uses.
DR-5.11.10 Developments consisting of water-dependent scientific, historical,
industrial, commercial, cultural, or educational research uses, public
access, water-oriented recreation and ecological restoration are not
required to meet the setback requirements, nor are piers, ramps or
docks.
Page 69
E. Legal Description
Guemes Channel ± *XHPHV)HUU\(DVWWR³8´$YH
Beginning at a point 114 feet West of the intersection of Parcel #31523 and Parcel
#31540, thence East along the shoreline of Guemes Channel 6,493 feet to the intersection
of Parcel #32871 and the (DVWOLQHRIWKH³8´$YHQXH5LJKWRI:D\7KLVDUHDLVDOO
within 200 feet of the OHWM.
Fidalgo Bay ± 34th to Fidalgo Bay Rd.:
Beginning at the intersection of Parcel #119601and Parcel #33196, thence South along
the shoreline 1,097 feet to a point at the intersection of Parcel #33198 and Parcel #33210.
This area is all within 200 feet of the OHWM.
5.12 Shoreline Use and Modification Matrix and
Development Standards
A. Shoreline Uses and Modifications Matrix
1. Table 5.1 identifies new land uses and shoreline modifications in the
shoreline jurisdiction and the type of use approval required. Additional
detail that supplements Table 5.1 may be found in Chapters 5, 8 and 9.
Uses, developments or modifications not listed in Table 5.1 or otherwise
permitted in the applicable sections of this Master Program shall be
FRQVLGHUHGµXQFODVVLILHG¶DQGVKDOOEHSURFHVVHGDV&RQGLWLRQDO8VHV
Accessory uses shall be subject to the same shoreline permit process as its
primary use, unless explicitly stated otherwise in Table 5.1 or in Chapters
8 or 9. Where there is a conflict between the chart and the written
provisions in this SMP, the most protective of shoreline resources shall
apply.
2. An accessory use shall not be established on a property independent of its
primary use.
3. Permitted uses and modifications are only allowed in shoreline jurisdiction
where the underlying zoning allows for it and subject to the policies and
regulations of this SMP.
4. 8VHVDQGPRGLILFDWLRQVLGHQWLILHGDV³3HUPLWWHG´UHTXLUHHLWKHU a
Substantial Development Permit or may be exempt from the requirement
to obtain a Substantial Development Permit, as outlined in Section 2.4.
Exempted uses and modifications, however, are not exempt from the Act
or this SMP, and must be consistent with the applicable policies and
provisions.
5. If any part of a proposed development is not eligible for Shoreline
Exemption, then a Substantial Development Permit is required for the
entire proposed development project.
Page 70
6. In all cases, the permit processes identified below are for new uses and
modifications and do not contradict the exemptions which allow for such
actions as normal repair and maintenance or emergency measures. For
example, while a new road may be prohibited in the Natural environment,
repair of existing roads is allowed.
7. A development or use that is listed as a conditional use pursuant to this
SMP or is an unlisted use, must obtain a Conditional Use Permit even
though the development or use does not require a Substantial
Development Permit.
8. When a development or use is proposed that does not comply with the
shoreline setback, lot frontage, side yard setback, and other dimensional
performance standards of this SMP not otherwise allowed by
administrative reduction, such development or use can only be authorized
by approval of a Shoreline Variance.
9. Except as otherwise stated, the comprehensive plan, zoning regulations,
subdivision regulations, health regulations, and other adopted regulatory
provisions apply within shoreline jurisdiction. In the event the provisions
of this SMP conflict with provisions of other responsible local government
regulations, the more protective of shoreline resources shall prevail.
10. Where a use or modification may occur in the Aquatic environment as
indicated in Table 5.1 and in the corresponding regulations for that use, it
shall also be subject to any more restrictive permit processes or
prohibitions on that use or modification as indicated for the adjacent
shoreland environment.
TABLE 5.1. SHORELINE USE AND
MODIFICATION MATRIX.
The chart is coded according to the
following legend.
P = Permitted, when meeting
requirements for that use
and shoreline area, may be
subject to Shoreline
Substantial Development
Permit or shoreline
exemption requirements
C = Conditional Use, when
approved by the City and
Department of Ecology
X = Prohibited; the use is not
eligible for a Variance or
Conditional Use Permit Natural Conservancy Shoreline Residential Urban Urban Maritime Aquatic Shoreline Uses
Page 71
The chart is coded according to the
following legend.
P = Permitted, when meeting
requirements for that use
and shoreline area, may be
subject to Shoreline
Substantial Development
Permit or shoreline
exemption requirements
C = Conditional Use, when
approved by the City and
Department of Ecology
X = Prohibited; the use is not
eligible for a Variance or
Conditional Use Permit Natural Conservancy Shoreline Residential Urban Urban Maritime Aquatic Advertising and Signs X P P P P P
Agriculture X X X1 X1 X X
Aquaculture
Non-commercial aquaculture for
recovery of a native population C C P P P P
All other aquaculture X X X C C X
Commercial Development
Water-dependent X X P3 P P C
Water-related X X P3 P P C
Water-enjoyment X X P3 P P C
Non-water-oriented X X P3 C C X
Forest Practices X C X X X X
Industrial and Port Facilities
Water-dependent X X X P P P
Water-related X X X P P C
Non-water-oriented X X X C C X
Marinas X X X P P P
Mining X X X X X X
Parking Facilities
Primary X X X P P X
Accessory X C P P P X
Recreational Facilities
Water-dependent (e.g., public
access piers) X P P P P P
Water-related X P P P P P
Water-enjoyment (e.g.,
pedestrian trails) C P P P P P
Nonwater-oriented X X C C C X
Residential Development
Single-family X C P P X X
Multi-family X X P P X X
Scientific, Cultural and Educational
Facilities C P P P P P
Transportation Facilities
Water-dependent (e.g., ferry
terminal) X X X P P P
Water-related (e.g., ferry
loading area) X X X P P P
Page 72
The chart is coded according to the
following legend.
P = Permitted, when meeting
requirements for that use
and shoreline area, may be
subject to Shoreline
Substantial Development
Permit or shoreline
exemption requirements
C = Conditional Use, when
approved by the City and
Department of Ecology
X = Prohibited; the use is not
eligible for a Variance or
Conditional Use Permit Natural Conservancy Shoreline Residential Urban Urban Maritime Aquatic Roads and associated facilities
(e.g., sidewalks, bike lanes,
storm drainage, etc.)
X C P P P X
Other non-water-oriented X X X X X X
Utilities (Primary)
Major X C P P P C
Minor X P P P P C
Shoreline Modifications
Boat Launches
Public X C C P P P
Private X X C P P P
Breakwaters2 X C C C C C
Docks, Piers and Floats
Public X C P P P P
Private X X P4 P P P
Dredging and Dredge Spoil
Disposal
Dredging or in-water disposal
associated with restoration P P P P P P
Other dredging X C P P P P
Other in-water disposal X X X X X X
Upland disposal X C P P P --
Fill
In-water or upland restoration P P P P P P
Other in-water fill X C C C C C
Other upland fill X C P P P --
Jetties and Groins X X C2 C2 C2 C2
Mooring Buoys X C P P P P
Shoreline Habitat and Natural
Systems Enhancement Projects P P P P P P
Shoreline Stabilization
Bioengineering or other soft
structural stabilization technique P P P P P P
Hard structural stabilization X C C P P P
1 Home gardens associated with a single-family residence are allowed in the Shoreline Residential and
Urban environment.
2Those structures installed to protect or restore ecological functions may be processed as a Substantial
Development Permit.
Page 73
3 Except for marinas, only commercial uses that are incidental to the primary residential use and are
compatible with the residential character of the neighborhood, such as home occupations and bed and
breakfast inns, may be permitted.
4 Private piers are only permitted in single-family residential use areas within Flounder Bay and along Cap
Sante. All other residential piers are prohibited.
B. Development Standards
1. Table 5.2 establishes development standards, specifically lot size, lot coverage,
height limits, and shoreline setbacks. The standards contained in Table 5.2 are
minimum requirements unless otherwise specified by this Master Program. In
addition, shoreline developments shall comply with all density, lot area, setback
and other dimensional requirements of the responsible local government zoning
DQGVXEGLYLVLRQFRGHV9DULDQFHVPD\EHJUDQWHGWRDYRLGGHQ\LQJ³UHDVRQDEOH
XVHRISULYDWHSURSHUW\´LQYLRODWLRQRIFRQVWLWXWLRQDORUVWDWXWRU\OLPLWDWLRQVRn
regulation. Applicants are encouraged to setback further and to allow opportunity
for restoration of impaired ecological functions.
2. No building or structure in shoreline jurisdiction shall exceed the height limits
indicated in Table 5.2, except:
a. Cranes, gantries, mobile conveyors and similar equipment necessary for the
functions of marinas, marine manufacturing, permitted commercial,
industrial or port activities and servicing vehicles.
b. Flagpoles or masts, transmission towers, chimneys, smokestacks, aerials or
stairwells, when part of a permitted use.
c. Belfries, monuments, spires or steeples, transmission towers, provided such
structures shall be designed to minimize obstruction of views.
d. In non-residential zones, covers for elevator and other mechanical
equipment and monitors for light and ventilation are permitted when
occupying less than 15% of the total roof area and less than 5% of lot
coverage and extending not more than 10 feet above roof level.
e. When considering allowance of structures to exceed the height limitations,
the Planning Commission, City Council, or Hearing Examiner must
consider:
i. View obstruction;
ii. Alternate siting outside shoreline areas;
iii. Significance of alteration of existing skyline profile.
iv. The Shoreline Variance criteria in Section 3.2(C) of this SMP.
Page 74
TABLE 5.2. SHORELINE DEVELOPMENT
STANDARDS MATRIX.
Environment Designation
Min.
Resid.
Lot
Size
(sq.ft.)
Lot
Coverage
% of Area1
Max.
Height
Setback2
Water-
Dependent
Non-Water-
Dependent
Shoreline Residential
Burrows Bay (between east end
of Croatian Way and Skyline
Way)
7,500 35%3 ¶ ¶ ¶
All other remaining areas 6,000 or
7,500 35%3 ¶ ¶ ¶6
Urban
Burrows Bay (Skyline Marina to
Washington Park)
Per
Zoning4 50% ¶ ¶ ¶
All other remaining areas Per
Zoning4 50% ¶ ¶ ¶
Urban Maritime NA 50% ¶ ¶ ¶
Conservancy NA 25%3 ¶ ¶ ¶
Natural NA NA NA ¶ ¶
Aquatic NA NA --5 NA NA
1 Lot Coverage: Buildings or structures in the Shoreline Area shall not occupy a greater percentage of a lot
than indicated.
2 Setback: Setback shall be the minimum distance measured in feet from the ordinary high water mark on a
horizontal plane perpendicular to the shoreline.
3 The impervious surface limits on residential development located in Chapter 5, Sections 5.8 and 5.9,
supersede general lot coverage standards in this table.
4 See underlying zoning for minimum residential lot size within Urban environment designation
5 See adjacent upland designation
6 See DR 5.9 for setback reduction criteria, if applicable
00.50.25MilesEnvironment DesignationConservancyNaturalShoreline ResidentialUrbanUrban MaritimeBuildings-2010Lakes & PondsMajor StreetsMinor StreetsCity Limits
Page 77
CHAPTER 6 ENVIRONMENTAL PROTECTION
GENERAL REGULATIONS
6.1 Introduction
6.2 Organization
6.3 Impacts, Mitigation, Bonding
6.4 Environmental Elements
6.5 Vegetation Conservation
6.6 Critical Areas - General
6.7 Fish and Wildlife Habitat Conservation Areas
6.8 Frequently Flooded Areas and Tsunami Inundation Areas
6.9 Geologically Hazardous Areas
6.10 Wetlands
6.1 Introduction
The intent of these regulations is to provide policies and regulations that protect the
shoreline environment as well as the critical areas found within the shoreline jurisdiction.
These policies and regulations apply to all uses, developments and activities that may
occur within the shoreline jurisdiction regardless of the Shoreline Master Program
environment designation. They are to be implemented in conjunction with the specific
use and activity policies and regulations found in this Master Program.
The Shoreline Management Act (SMA) mandates the preservation of the ecological
functions of the shoreline by preventing impacts that would harm the fragile shorelines of
the state. The SMA also mandates that local master programs include goals, policies and
actions for the restoration of impaired shoreline ecological functions to achieve overall
improvements in shoreline ecological functions over time (WAC 173-26-201(2)(f)).
The environment protection policies and regulations of this Master Program address
general environmental impacts and critical areas. General environmental impacts include
effects upon the elements of the environment listed in the State Environmental Policy Act
(SEPA) (WAC 197-11-444). These regulations are not intended to limit the application
of SEPA.
The Anacortes Critical Area Regulations, as codified in Chapter 17.70 (Ordinance # 2702
dated April 18, 2005, #2743 dated August 7, 2006, and #2748 dated October 2, 2006),
have been revised and incorporated in this Master Program as Appendix A. Chapter
17.70 of the AMC does not apply in shoreline jurisdiction. The City recognizes that there
are inherent conflicts between water-dependent uses and the desire for shoreline setbacks.
These conflicts are addressed in the Fidalgo Bay habitat plan of 2005 titled: Plan for
Habitat Protection, Restoration and Enhancement Fidalgo Bay and Guemes Channel,
which strives to balance these conflicting goals. When any provision of this Master
Program conflicts with any other provision of this Master Program, the provision which
provides more protection to critical areas and the environment shall apply.
Page 78
6.2 Organization
These regulations first present general environmental policies and regulations including
analysis of impacts, mitigation, bonding, and monitoring. Second, policies and
regulations protecting the broad elements that comprise the shoreline environment (e.g.,
earth, air, and water) are provided. Third, it presents general and specific policies and
UHJXODWLRQVIRU³FULWLFDODUHDV´LQFOXGLQJ ZHWODQGVJHologically hazardous areas,
frequently flooded areas, and fish and wildlife habitat conservation areas. Regulations
for the protection of critical aquifer recharge areas are dealt with in the critical areas
section (see Appendix A). And finally, it presents policies and regulations for
conservation of vegetation in shoreline jurisdiction.
6.3 Impacts, Mitigation, and Bonding
A. Management Policies
Policy 6.3.1 Protect the environment through implementation of this Master
Program including the use of the AMRRCM mitigation sequence
(Avoid, Minimize, Rectify, Reduce, Compensate, Monitor) (WAC
173-26-201(2)(e)(i)).
Policy 6.3.2 Minimize the adverse impacts of shoreline developments and activities
on the shoreline environment during all phases of development (e.g.,
design, construction, operation, and management).
Policy 6.3.3 Assure, at a minimum, that development and use within shoreline
jurisdiction results in no net loss of ecological functions necessary to
sustain shoreline natural resources. Development activities shall
protect existing ecological functions and ecosystem-wide processes.
Policy 6.3.4 Encourage shoreline developments or activities that serve to enhance
ecological functions and/or values and those that protect and/or
contribute to the long-term restoration of properly functioning
conditions for proposed, threatened, and endangered species consistent
with the fundamental goals of this Master Program. Use of creosote
and pentachlorophenol treated woods is prohibited. Use of other
treated woods (e.g. CZA, ACZA) should be minimized as much as
practicable.
Policy 6.3.5 Ensure, through appropriate monitoring and enforcement measures,
that all required conditions are met, improvements installed, and
properly maintained.
Policy 6.3.6 Shoreline-specific critical area provisions promote human uses and
values, such as public access and aesthetic values, provided they do
not significantly adversely impact ecological functions.
Page 79
B. Development Regulations
General
DR-6.3.1 All shoreline development and activity shall be located, designed,
constructed, and managed in a manner that avoids, minimizes and/or
mitigates adverse impacts to the environment. The preferred
mitigation sequence (avoid, minimize, rectify, reduce, or compensate
for the environmental impact) shall follow that listed in WAC 173-26-
H VHHDOVRGHILQLWLRQRI³0LWLJDWLRQ´OLVWHGLQWKLV0DVWHU
Program, Chapter 12).
DR-6.3.2 In approving shoreline developments, the City of Anacortes shall
ensure that shoreline development, use, and/or activities will result in
no net loss of ecological functions necessary to sustain shoreline
resources, including loss that may result from the cumulative impacts
of similar developments over time to the extent consistent with
constitutional and statutory limitations on the regulation of private
property. To this end, the City may require modifications to the site
plan and/or adjust or prescribe project dimensions, intensity of use,
and screening as deemed appropriate. If impacts cannot be avoided
through design modifications, the City shall require mitigation
FRPPHQVXUDWHZLWKWKHSURMHFW¶VDGYHUVHLPSDFWV
DR-6.3.3 Identified significant short term, long term, or cumulative adverse
environmental impacts lacking appropriate mitigation shall be
sufficient reason for permit denial consistent with constitutional and
statutory limitations on such denials.
DR-6.3.4 Wood treated with creosote or pentachorophenol is prohibited. Use of
other wood treatments shall be minimized to the extent practicable.
Mitigation
DR-6.3.5 In addition to the requirements for critical areas reports contained in
the shoreline-specific Critical Areas Regulations found in Appendix A,
the mitigation plan shall address the following:
a. Inventory existing shoreline environment including the physical,
chemical and biological elements and provide an assessment of
their condition.
b. A discussion of the project's impacts and their effect on the
ecological functions necessary to support existing shoreline
resources.
c. A discussion of any federal, state, or local special management
recommendations which have been developed for wetlands or
nearshore species or habitats located on the site;
Page 80
d. An assessment of habitat recommendations proposed by resource
agencies and their applicability to the proposal;
e. A discussion of measures to preserve existing habitats and
opportunities to restore habitats that were degraded prior to the
proposed land use activity.
f. Planting and soil specifications; success standards; and
contingency plans;
g. A discussion of proposed measures which mitigate the impacts
of the project to ensure no net loss of shoreline ecological
functions, value, and proposed success criteria;
h. An evaluation of the anticipated effectiveness of the proposed
mitigation measures to ensure no net loss of ecological functions;
i. A discussion of proposed management practices which will
protect fish and wildlife habitat both during construction, and
after the project site has been fully developed, including
proposed monitoring and maintenance programs;
j. Contingency plan if the mitigation fails to meet established
success criteria;
k. Any additional information necessary to determine the impacts
of a proposal and mitigation of the impacts.
Mitigation plans and/or critical areas reports shall be forwarded to the
appropriate state and/or federal resource agencies and affected Tribes
for review and comment.
DR-6.3.6 Compensatory mitigation in the immediate vicinity of the impact shall
be the preferred mitigation option, except where off-site mitigation can
be demonstrated to be more beneficial to shoreline ecological
functions; for example, mitigation off-site may be the better choice if
large, cohesive areas are available off-site while only small fragmented
areas are available on-site for mitigation.
DR-6.3.7 If off-site mitigation is implemented, the applicant must demonstrate
to the satisfaction of the Shoreline Administrator that that the
mitigation site will be protected in perpetuity. This may be
accomplished through various means including but not limited to
dedication of a permanent easement to the City or approved non-profit
entity; participation in a publicly sponsored restoration or
enhancement program or purchase of credits from a state certified
mitigation bank in accordance with Chapter 90.84 RCW (Wetlands
Mitigation Banking). Any restrictions, conditions, or easements which
Page 81
are tied to the parcel through off-site mitigation shall be recorded on a
revised Notice on Title.
DR-6.3.8 Where feasible, replacement mitigation shall be required prior to
impact and, at a minimum, prior to occupancy.
Bonding
DR-6.3.9 Except for projects undertaken by public entities, performance or
maintenance bonds or other security shall be required by the City to
assure that work is completed, monitored, and maintained.
Monitoring
DR-6.3.10 As a condition of approval, the City shall require periodic monitoring
for up to five years from the date of completed development to ensure
the success of required mitigation. The monitoring period may be
extended if the success criteria set forth in the approved mitigation
plan fail to be accomplished, or the mitigation plan has a longer
horizon.
DR-6.3.11 Monitoring plans shall be forwarded, for review and comment, to state
and/or federal resource agencies and affected Tribes with jurisdiction.
6.4 Environmental Elements
A. Management Policy
Policy 6.4.1 Protect against adverse impacts to the public health, to the land and its
vegetation and wildlife, and to waters of the state and their aquatic life.
In-stream structures that protect and preserve ecosystem-wide
processes, ecological functions, and cultural resources, including, fish
and fish passage, wildlife and water resources, shoreline critical areas,
hydrogeological processes, and natural scenic vistas are of particular
importance. This section provides policies and regulations to address
environmental impacts to the elements of the environment listed in the
State Environmental Policy Act (SEPA) (WAC 197-11-444). It is not
intended to limit the application of SEPA.
B. Development Regulations (In Alphabetical Order)
Air
DR-6.4.1 In approving shoreline development, uses or activities, the Planning
Commission, City Council, or Hearing Examiner may apply conditions
to control emissions, including any compounds, chemicals, pollutants,
odors, fugitive dust, or vehicle exhaust with the intent of avoiding
significant adverse impacts to the legal use of adjoining properties and
ensuring adherence to the guidelines, policies, standards and
regulations of applicable air quality management programs and related
Page 82
regulatory agencies.
Archaeological/Historical/Cultural Impacts
Applicability: The following provisions apply to archaeological and historic resources
consistent with state law.
DR-6.4.2 All shoreline permits shall contain provisions that require developers
to comply with all applicable state law requirements regarding
preservation of archaeological and historic resources, including
provisions to stop work and notify the appropriate agencies should
protected resources be uncovered during excavation.
DR-6.4.3 Archaeological sites located both in and outside shoreline jurisdiction
are potentially subject to chapter 27.44 RCW (Indian graves and
records) and chapter 27.53 (Archaeological sites and records) and
chapter 25.48 WAC (Archaeological excavation and removal permits)
as well as the provisions of this section.
DR-6.4.4 Where archaeological or historic sites have been identified, the City
may require public access consistent with constitutional and statutory
limitations, provided the development is consistent with the provisions
for public access and provided further it is determined that public
access to the site will not damage or reduce the cultural value of the
site.
Earth
DR-6.4.5 All shoreline uses and activities shall be located, designed, constructed
and managed to minimize interference with beneficial natural
shoreline processes such as littoral drift, sand and gravel movement,
erosion, and accretion. For projects proposing clearing and grading
see Section 6.5 Vegetation Conservation, Chapter 9 Specific
Modification Policies and Development Regulations.
DR-6.4.6 Gravel and sand bars and other accretion shore forms are naturally
unstable environments. They are valued for recreation and in some
cases may provide habitat. Therefore, new development on these
shore forms is prohibited and modification shall be allowed only to
protect existing occupied structures. Furthermore, developments that
could disrupt the processes benefiting these shore forms shall be
carefully evaluated and allowed only when the impacts of such
disruption can be adequately mitigated, and where there is a
demonstrated public benefit.
DR-6.4.7 An erosion and sedimentation control plan shall be submitted with a
permit application for activities that involve the removal of vegetation,
stockpiling of earth or other materials, or any activity that could result
in shoreline erosion or siltation. Said program shall conform to the
Page 83
&LW\RI$QDFRUWHV¶(QJLQHHULQJ'HVLJQ6WDQGDUGVDQGVKDOODWD
minimum, utilize Best Management Practices (BMPs) to prevent
shoreline erosion and siltation.
Noise
DR-6.4.8 Noise emanating from a shoreline use/activity shall be muffled so as to
not to interfere with the designated use of adjoining properties. This
determination shall take into consideration ambient noise levels,
intermittent beat, frequency, and shrillness. Shoreline
developments/activities shall comply with the maximum permissible
noise levels and time limits set forth in Anacortes Municipal Code
Chapter 17.54. Exception: This regulation does not apply to fog horns,
tsunami warning or other emergency warning systems
Pesticides and Fertilizers, Application of:
(Pesticides include herbicides and algaecides)
DR-6.4.9 Chemical pesticides using aerial spraying techniques within the
shoreline jurisdiction, including over waterbodies or wetlands, shall be
prohibited unless specifically permitted by the Washington
Departments of Agriculture or Public Health.
DR-6.4.10 Pesticides, organic or mineral-derived fertilizers, or other hazardous
substances, if necessary shall be restricted in accordance with the a)
state Department of Fish and Wildlife Management Recommendations
b) the regulations of the state Department of Ecology as the
(QYLURQPHQWDO3URWHFWLRQ$JHQF\¶VGHOHJDWHGDXWKRULW\DQGSHUPLWWLQJ
body for the application of pesticides and herbicides to the waters of
Washington State, and c) pesticide labels as per the authority of the
state Department of Agriculture.
DR-6.4.11 Pesticides shall be used, handled, and disposed of in accordance with
provisions of the Washington State Pesticide Application Act (RCW
17.21) and the Washington State Pesticide Control Act (RCW 15.58)
to prevent contamination and sanitation problems.
DR-6.4.12 Pesticide products commercially applied for terrestrial use usually
include information on how far to stay away when applying near
water. If there were a chance of a product entering the water, the
product shall be labeled for aquatic use. Only products approved by
the Washington State Departments of Agriculture, and Ecology for
aquatic use can be applied to Washington State waters. Activities to
be conducted using these products shall take place under one of the
Department of Ecology's general NPDES permits for aquatic
pesticides. In some cases labeling information for commercial
products may indicate the need for larger shoreline setbacks and other
Page 84
restrictions when used near salmon-bearing waters.
DR-6.4.13 Application of pesticides by commercial applicators requires licensing
through the Washington State Department of Agriculture.
DR-6.4.14 Integrated Pest Management (IPM) principles shall be used when
applying pesticides and herbicides within the shoreline jurisdiction of
the SMP. Application of pesticides to areas outside of the SMP
shoreline jurisdiction that might have an affect on this jurisdiction
shall also follow these practices. IPM can be defined as a coordinated
decision-making and action process that uses the most appropriate pest
control methods and strategy in an environmentally and economically
sound manner to meet pest management objectives.
Public Health & Safety
DR-6.4.15 All shoreline developments shall be located, designed, constructed,
and operated so as not to be a hazard to public health and safety.
View Protection/Aesthetics
DR-6.4.16 The protection of public views of the shoreline is an important
shoreline management objective, although provisions of adequate
shading of surf smelt spawning grounds must also be viewed as a
priority. View protection can include preventing view blockage
through height limitations or requiring aesthetic enhancement with
landscaping. View protection does not justify the excessive removal
of vegetation to create views or enhancing partial existing views.
5HWDLQLQJYHJHWDWLRQDQG³ZLQGRZLQJ´RURWKHUSUXQLQJWHFKQLTXHV
shall always be preferred options over vegetation removal. Please
refer to Section 6.5, Vegetation Conservation and Chapter 7, Public
Access.
DR-6.4.17 New development shall be located and designed to mitigate adverse
impacts to views from public vista points.
DR-6.4.18 No permit shall be issued pursuant to this Master Program for any new
or expanded building or structure of more than thirty-five 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 where this Master Program does not prohibit the
same and then only when overriding considerations of the public
interest will be served. This protection does not extend to existing
residences in previous phases of the proposed development. Private
views of the shoreline, although considered during the review process,
are not expressly protected. Property owners concerned with the
protection of views from private property are encouraged to obtain
Page 85
view easements, purchase intervening property and/or seek other
similar private means of minimizing view obstruction.
DR-6.4.19 Where lighted signs and illuminated areas are permitted, such
illuminating devices shall be shaded and directed so as to minimize, to
the extent practicable, light and glare from negatively impacting
neighboring properties, streets, public areas or water bodies.
DR-6.4.20 New development, uses and activities shall locate and screen trash and
recycling receptacles, utility boxes, HVAC systems, electrical
transformers, fences and other appurtenances to minimize interference
with public views.
Water Quality
DR-6.4.21 The bulk storage of oil, fuel, chemicals, or hazardous materials, on
either a temporary or a permanent basis, shall not occur in shorelines
without adequate secondary containment and an emergency spill
response plan in place.
DR-6.4.22 All development activities approved under this Shoreline Master
3URJUDPVKDOOEHGHVLJQHGDQGPDLQWDLQHGFRQVLVWHQWZLWKWKH&LW\¶V
Stormwater Management Plan and Engineering Design Standards.
DR-6.4.23 As a condition of approval of a permit issued in accordance with this
Master Program, the Shoreline Administrator may apply the following
conditions to protect water quality:
a. The development, use or activity shall utilize Best Management
Practices (BMPs) to minimize any increase in surface runoff and
to control, treat and release surface water runoff to protect the
quality and quantity of surface and ground water. Such measures
may include, but are not limited to, catch basins or settling
ponds, installation and required maintenance of oil/water
separators, biofiltration swales, interceptor drains and landscaped
shoreline setbacks.
b. The release of oil, chemicals (including pesticides and
herbicides), fertilizer or hazardous materials onto land or into the
water is prohibited within the shoreline jurisdiction.
c. Equipment for the transportation, storage, handling, or
application of such materials shall be maintained in a safe and
leak-proof condition. If there is evidence of leakage, the further
use of such equipment shall be suspended until the deficiency
has been satisfactorily corrected.
Page 86
6.5 Vegetation Conservation
A. Introduction
Vegetation conservation includes activities to protect and restore vegetation along or near
marine and freshwater shorelines that contribute to the ecological functions of shoreline
areas. Vegetation conservation provisions include the prevention or restriction of plant
clearing and earth grading, vegetation restoration, and the control of invasive weeds and
nonnative species.
Unless otherwise stated, vegetation conservation does not include those activities covered
under the Washington State Forest Practices Act, except for conversion to other uses and
those other forest practice activities over which local governments have authority.
Vegetation conservation provisions apply even to those shoreline uses and developments
that are exempt from the requirement to obtain a permit. Vegetation conservation
standards do not apply retroactively to existing uses and structures.
The CLW\¶V7UHH3UHVHUYDWLRQUHTXLUHPHQWV 2UGLQDQFH1R OLPLWVWKHUHPRYDORI
trees in all parts of the City, including shorelines of statewide significance.
B. Management Policies
Policy 6.5.1 Prohibit speculative clearing, grading, or vegetation removal. Allow
alteration of the natural landscape only in association with existing
legal uses or a new permitted shoreline use or development.
Policy 6.5.2 Limit alteration of the natural landscape to the minimum necessary to
accommodate the shoreline development or a landscape plan
developed in conjunction with the shoreline development, or to
remove invasive vegetation.
Policy 6.5.3 Restrict clearing and grading within shoreline jurisdiction in order to
maintain the functions and values of the shoreline environment,
including protection of habitat and shoreline bluffs.
Policy 6.5.4 Tree removal is to be minimized on City shorelines. Place priority on
retention of snags and live trees that provide nesting or perching for
eagles, other raptors, or priority species.
Policy 6.5.5 Use best management practices (BMPs) during clearing and grading to
control erosion.
C. Regulations
Note that all clearing, grading and vegetation removal activities must also be consistent
with the environmental protection regulations in the remainder of Chapter 6, when
applicable.
DR-6.5.1 Forest practices not covered by the Forest Practices Act shall be
Page 87
prohibited.
DR-6.5.2 Alteration of the natural landscape shall only be allowed as set forth
below:
a. Landscaping or maintenance associated with an existing legal
use or new permitted shoreline use or development.
b. Removal of noxious weeds, as listed by the state in Chapter 16-
750 WAC, provided such activity shall be conducted in a manner
consistent with best managemeQWSUDFWLFHVDQGWKH&LW\¶V
engineering design standards and native vegetation is promptly
reestablished in the disturbed area.
c. Modification of vegetation in association with a legal, non-
conforming use provided that said modification is conducted in a
manner consistent with this Master Program and results in no net
loss to ecological functions or critical fish and wildlife
conservation areas.
DR-6.5.3 All clearing and grading activities shall be limited to the minimum
necessary for the intended development.
DR-6.5.4 Exposed soils shall be immediately developed or revegetated to
prevent erosion.
DR-6.5.5 Exposed soils must be replanted such that complete coverage of
exposed soils is attained within one growing season, or otherwise
stabilized using mulch or other similar BMPs.
DR-6.5.6 In all cases where clearing is followed by revegetation, native plants
shall be preferred. Lawns are discouraged due to their limited erosion
control value, limited water retention capacity, and associated
chemical and fertilizer applications.
DR-6.5.7 Clearing and grading within shoreline jurisdiction shall only be
permitted upon approval of a detailed landscape plan for revegetation.
Any restrictions or conditions which are tied to the parcel through the
development of a landscape plan shall be recorded on a revised Notice
on Title. The landscape plan shall include:
a. A map illustrating the distribution of existing plant communities
in the area proposed for landscaping. The map must be
accompanied by a description of the vegetative condition of the
site, including plant species, plant density, any natural or man-
made disturbances, overhanging vegetation, and the functions
served by the existing plant community (e.g., fish and wildlife
habitat values, slope stabilization).
Page 88
b. A description of the shade conditions created by existing
vegetation. This description shall include an inventory of
overhanging vegetation as well as a determination of how much
shade is created by standing trees, during midday at midsummer.
c. A detailed landscape map indicating which areas will be
preserved and which will be cleared, including tree removal.
d. Drawings illustrating the proposed landscape scheme, including
the species, distribution, and density of plants. Any pathways or
nonvegetated portions shall be noted.
e. A description of any vegetation introduced for the purposes of
fish and wildlife habitat. Loss of wildlife habitat shall be
mitigated on-site. If on-site mitigation habitat is not possible,
off-site mitigation shall be permitted at a minimum replacement
ratio of one-to-one-and-a-quarter (1.25) (habitat lost to habitat
replaced).
The revegetation landscaping required by this regulation shall meet the
following standards:
f. At the time of planting, shrubs must be eighteen (18) inches
high. Shrubs shall be planted such that within two years the
shrubs will cover at least thirty percent (30%) of the area that
would be covered when the shrubs have attained a mature size.
g. At the time of planting, deciduous trees must be at least two (2)
inches in caliper as measured one (1) foot above grade, and
coniferous trees must be at least five (5) feet in height.
h. The applicant may be required to install and implement an
irrigation system to insure survival of vegetation planted. For
remote areas lacking access to a water-system, an alternative
method (e.g., hand watering) may be approved.
i. For a period of two (2) years after initial planting, the applicant
shall replace any unhealthy or dead vegetation planted as part of
an approved landscape plan.
DR-6.5.8 As part of meeting project site area landscaping requirements, and in
coordination with any buffer requirements, the applicant for a
proposed new development, expansion, or redevelopment project of a
non-water-dependent use other than public shoreline access trails that
will abut the City's marine shorelines must submit a landscaping plan
for approval specifying protection of existing native riparian
vegetation within fifteen feet of the OHWM. If native vegetation
within fifteen of the OHWM has been destroyed or significantly
Page 89
degraded, the landscaping plan shall specify replacement by
installation of dense native riparian vegetation consisting of trees,
shrubs, and groundcovers within and along portions of the fifteen-foot
wide strip of land lying immediately landward of the line of ordinary
high water (OHW) for currently unarmored shorelines, or the landward
edge of existing shoreline armoring for currently armored shorelines.
Water-dependent uses DQGSXEOLFDFFHVVWUDLOVWKDWZLOODEXWWKH&LW\¶V
marine shorelines are exempt from the locational requirements of
planted areas but must provide a landscaping/mitigation plan that
provides equal to or greater environment function than already exists .
Riparian vegetation should be encouraged, but not required, elsewhere
on the site for aesthetic continuity with the riparian vegetation required
along the shoreline. DR-5.9.11 also requires additional enhancement
in the Residential environment. Any restrictions or conditions which
are tied to the parcel through the development of a landscape plan shall
be recorded on a revised Notice on Title. The landscaping plan must
also meet the following requirements:
a. Locations and Sizes of Required Shoreline Planting Areas. The
landscaping plan shall specify (a) particular species of salt-
tolerant riparian vegetation that are to be planted preferably at
existing ground-level, or if that is not feasible, then in raised
planting beds. Each planting area shall be a minimum of ten feet
in width and a minimum of ten feet in length (a minimum of one-
hundred square feet). The total minimum linear footage of
riparian vegetation to be protected and/or replaced along the
project's shoreline shall be fifty percent of the project's shoreline
length in the case of new development projects and twenty-five
percent of the project's shoreline length in the case of
redevelopment of already-developed project sites;
b. Plant Selection. The native riparian plant species shall be
specified on the landscaping plan. The suitability of the species
must be reviewed and approved by a biologist/riparian plant
specialist. The plant names listed on the landscaping plan shall
comply with the names generally accepted in the riparian plant
nursery trade. The plan shall further specify that (a) all plant
materials shall be true to species and variety and legibly tagged,
and (b) riparian plant materials shall be nursery grown in the
Puget Sound area of Washington except that dug plants may be
used upon approval of the biologist/riparian plant specialist;
c. Plant Sizes. The landscaping plan shall specify the sizes of the
riparian plants to be installed. The plan may also specify that
larger stock may be substituted provided that (a) it has not been
cut back to the specified size, and (b) the root ball is
proportionate to the size of the plant. Because smaller stock may
Page 90
be acceptable based upon site-specific conditions, the plan may
specify that the biologist/riparian plant specialist may make field
determinations to substitute smaller stock for the stock size set
forth on the plan.
d. Site Preparation. The landscaping plan shall specify that (a) an
amended planting soil shall be placed in the planting beds if
needed, (b) all existing exotic vegetation must be removed from
the planting beds, and (c) the project biologist/riparian plant
specialist may make field determinations for the installation of
barriers to limit Canada geese intrusion and feeding on installed
plants;
e. Plant Monitoring. The landscaping plan shall specify that five-
year monitoring will be conducted to ensure the long-term
survival and stability of the riparian planting beds, with the
elements of the monitoring to be (a) annual inspections of the
plants, (b) replacement of failed riparian plants, (c) removal of
exotic invasive species that may have become established, and
(d) photographic documentation of planting success;
f. Criteria for Success. The landscaping plan shall specify that, at
the end of the fifth year of the monitoring, the riparian planting
beds shall be considered successful if the following performance
standards are met: (1) a minimum eighty percent survival rate of
the riparian vegetation within the planting beds; and (2) a
minimum of fifty percent cover within the planting beds by
riparian vegetation four feet tall or taller.
DR-6.5.9 Trimming of trees and vegetation is allowed within shoreline setback
areas without a landscape plan, provided:
a. This provision is not interpreted to allow clearing of vegetation,
b. Trimming does not include topping, stripping or imbalances; a
minimum of 60% of the original crown shall be retained to
maintain tree health,
c. Trimming does not directly impact the nearshore functions and
values including fish and wildlife habitat,
d. Trimming is not within a wetland or wetland buffer, and
e. Trimming in landslide and erosion hazard areas does not impact
soil stability.
DR-6.5.10 Stabilization of exposed erosional surfaces along shorelines shall,
whenever feasible, utilize soil bioengineering techniques.
Page 91
DR-6.5.11 All shoreline development and activity shall use effective measures to
minimize increases in surface water runoff that may result from
clearing and grading activity. The applicant must implement best
management practices in compliance with Chapter 5, Clearing,
*UDGLQJDQG(URVLRQ&RQWUROXQGHUWKH&LW\¶V(QJLQHHULQJ'HVLJQ
Standards. Submittal requirements may include a plan addressing
species removal, revegetation, irrigation, erosion and sedimentation
control, and other methods of nearshore/riparian corridor protection in
DFFRUGDQFHZLWKWKH&LW\¶V(QJLQHHULQJ'HVLJQ6WDQGDUGV
DR-6.5.12 The City may require a performance bond as a condition of shoreline
exemption or shoreline permit approval, to ensure compliance with
this Master Program.
6.6 Critical Areas - General
A. Policies
Policy 6.6.1 Protect unique, rare, and fragile environments, including wetlands and
fish and wildlife habitat conservation areas, from impacts associated
with development.
Policy 6.6.2 Locate and design development to minimize risks to people, property
and other critical areas associated with geologically hazardous areas,
frequently flooded areas, and tsunamis.
Policy 6.6.3 Provide a level of protection to shoreline-specific critical areas that is
equal to or greater than the level of protection provided by the adopted
Anacortes critical areas regulations. Recognizing this, the City has
incorporated appropriate portions of its critical areas regulations into
this Master Program as Appendix A.
B. Regulations
DR-6.6.1 Development and uses proposed within shorelines of the state shall
PHHWWKHUHTXLUHPHQWVRIWKH&LW\¶VVKRUHOLQH-specific Critical Areas
Regulations as contained in Appendix A, in addition to the
requirements found elsewhere in the Master Program.
6.7 Fish and Wildlife Habitat Conservation Areas
A. Applicability
This section provides policies and regulations that apply to fish and wildlife habitat
conservation areas, including critical saltwater and freshwater habitats as defined by
WAC 173-26-221(2)(c)(iii) and (iv). These policies and regulations apply in addition to
the shoreline-specific critical areas protection standards for fish and wildlife habitat
conservation areas found in Appendix A, Section A-5.
Page 92
Kelp beds, eelgrass beds, herring spawning and holding areas, smelt and sand lance
VSDZQLQJDQGKROGLQJDUHDVDQGRWKHUFULWLFDOVDOWZDWHUKDELWDWVDUHFODVVLILHGDV³FULWLFDO
VDOWZDWHUKDELWDWV´LQWKH6KRUHOLQH0DVWHU3URJUDP*XLGHOLQHV:$&-26-221(2)(iii).
The Guidelines also classify subsistence, commercial and recreational shellfish beds,
mudflats, intertidal habitats with vascular plants, and areas with which priority species
KDYHDSULPDU\DVVRFLDWLRQDV³FULWLFDOVDOWZDWHUKDELWDW´7KH Department of Fish and
Wildlife has identified the following habitats of special concern: kelp beds, eelgrass beds,
herring spawning areas, sand lance spawning areas, smelt spawning areas, juvenile
salmonid migration corridors, rock sole spawning beds, rockfish settlement and nursery
areas, and lingcod settlement and nursery areas.
In addition, it is important to give special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fish stocks, such as salmon
(RCW 3$ VRPHRIZKLFKDUHFODVVLILHGDV³7KUHDWHQHG´XQGHUWKH(QGDQJHUHG
Species Act. Fish and wildlife habitat conservation areas include, but are not limited to,
DUHDVZLWKZKLFKHQGDQJHUHGWKUHDWHQHGDQGVHQVLWLYHVSHFLHVKDYHD³SULPDU\
associaWLRQ´ VHH:$&-130- &ULWLFDO6DOWZDWHU+DELWDWVLQFOXGHWKHVH³SULPDU\
DVVRFLDWLRQ´DUHDV([DPSOHVRI³SULPDU\DVVRFLDWLRQ´DUHDVLQFOXGHEXWDUHQRWOLPLWHG
to, the following:
a. Shallow water/low gradient habitats along shorelines
b. Migratory corridors that allow juvenile salmon to move within and between
habitats (e.g., beaches, as well as eelgrass, kelp, etc.). In addition, a
diversity of shoreline habitats is essential for providing adequate functions
for juvenile salmon.
Section A-5 of the shoreline-specific Critical Areas Regulations contained in Appendix A
provides protections for critical salt-water habitats that are described in the Northern
Skagit County Bays and Shoreline Habitat Conservation and Restoration Blueprint 2005
Update.
B. Management Policies
Policy 6.7.1 Encourage the protection of critical salt water habitats in recognition
of their importance to the marine ecosystem of the City of Anacortes
and the State of Washington. These habitats provide critical
reproduction, rearing and migratory nursery areas for valuable
recreational and commercial species. They provide habitat for many
marine plants, fish, and animals.
An analysis of alternatives using SEPA will be required for any project
proposed within FWHCAs. The analysis should include, in part,
shoreline bathymetry, shoreline features at the site, and substrate
composition.
Policy 6.7.2 Water-dependent uses, including recreational facilities, marinas,
transportation facilities and some utility crossings, may be permitted in
Page 93
critical saltwater habitats provided that on-site and/or off-site
mitigation is provided that will result in no net loss of ecological
functions resulting from the proposed facility or utility.
Policy 6.7.3 Protect the composition of the beach and bottom substrate.
Developments within or adjacent to the shoreline jurisdiction where
critical salt water habitats exist, should avoid to the extent practicable
directly or indirectly changing the composition of the beach and
bottom substrate except for restoration or for driving of pilings for
uses permitted under this Master Program.
Policy 6.7.4 Avoid impacts on critical saltwater habitats by appropriately locating
and designing developments beyond the standard setback where
necessary to protect the critical habitat.
C. Development Regulations
DR-6.7.1 Water-dependent development and uses, including marinas, docks,
piers, mooring areas, underwater parks, utility crossings, and shoreline
modifications, shall not intrude into or be built over critical saltwater
habitat unless the applicant can show that all of the following criteria
can be met:
a. The use preference listing in RCW 90.58.020 for uses in
Shoreline of Statewide Significance shall be adhered to.
b. 7KHSXEOLF¶VQHHGIRr such a structure is clearly demonstrated
DQGDQDOWHUQDWLYHDOLJQPHQWRUORFDWLRQRQWKHDSSOLFDQW¶V
property that would avoid impacts to critical saltwater habitats is
not feasible or would result in unreasonable and disproportionate
cost to accomplish the same general purpose. An alternatives
analysis will be required for any non±exempt project proposed
within FWHCAs. The analysis should include in part, shoreline
bathymetry, shoreline features at the site, and substrate
composition.
c. The project LVFRQVLVWHQWZLWKWKHVWDWH¶VLQWHUHVWLQUHVRXUFH
protection and species recovery.
d. Impacts to critical saltwater habitat functions are mitigated to
result in equal or better ecological function.
DR-6.7.2 Except as a habitat improvement or restoration measure, aquatic
herbicide treatments, mechanical removal of vegetation and aquatic
pesticide treatments shall not be used on critical salt-water habitats.
DR-6.7.3 Sand, gravel or other materials shall neither be added nor removed
from critical salt-water habitats, except when part of an approved
Page 94
restoration effort or beach nourishment program or as allowed in DR-
6.7.1, above.
DR-6.7.4 New outfalls (including stormwater and sewer outfalls) and discharge
pipes shall not be located in critical salt water habitats or areas where
outfall or discharge will adversely affect critical salt water habitats
unless the applicant can show that all of the following can be met:
a. There is no alternative location for the outfall or pipe.
b. The outfall or pipe is placed below the surface of the beach or
bed of the water body.
c. The outfall discharges waterward of the intertidal zone
d. The disturbed area will be revegetated with native plants.
e. The discharge point(s) on the outfall or discharge pipe is located
so the discharges, including nutrients in the discharge and
currents, do not adversely affect critical salt-water habitats.
DR-6.7.5 The City shall maximize the use of existing outfalls.
DR-6.7.6 In addition to requiring compliance with DR-6.5.9 for certain types of
developments and uses (e.g., minimum ten-foot wide planting bed(s)
of riparian vegetation along marine shorelines), the City shall require
the establishment of buffer areas for activities adjacent to fish and
wildlife habitat conservation areas on a case by case basis through a
critical area report when needed to protect such habitat conservation
areas, pursuant to Section A-5.3(G)(1) of the shoreline specific Critical
Areas Regulations contained in Appendix A. In order to determine the
need or extent of a buffer, a critical area report shall be required for all
development in or adjacent to a habitat conservation area (see also
DR-6.7.7).
DR-6.7.7 Until an inventory of critical saltwater habitat is done, prior to
construction all over water and near-shore developments shall conduct
an inventory of site and adjacent beach sections to assess the presence
of critical saltwater habitats and functions. The methods and extent of
inventory shall be consistent with accepted research methodology.
New studies shall be developed only where existing information is
inadequate or does not exist.
6.8 Frequently Flooded Areas and Tsunami
Inundation Areas
3RUWLRQVRI$QDFRUWHV¶VKRUHOLQHDUHVXEMHFWWRSHULRGLFIORRGLQJWKDWPD\UHVXOWIURP
Page 95
factors including, but not limited to, unusual amount of rainfall over a short period of
time, high tides, and wind driven waves. Tsunamis also pose a less frequent, but
potentially more hazardous, type of flooding event.
A. Management Policies
Policy 6.8.1 Ensure that new development in areas prone to periodic flooding
comply with the Frequently Flooded Areas standards (Section A-1 of
the Critical Areas Regulations found in Appendix A) to minimize
health hazards and property damage due to flooding.
Policy 6.8.2 Develop, enhance, and implement education programs aimed at
mitigating natural hazards, and reducing the risk to citizens, public
agencies, private property owners, businesses and schools.
Policy 6.8.3 Encourage development of acquisition and management strategies to
preserve open space for flood mitigation, fish habitat, and water
quality in frequently flooded areas.
Policy 6.8.4 Coordinate and support the development of improved tsunami warning
systems.
B. Development Regulations
DR-6.8.1 All new development and new uses within the jurisdiction of this
Master Program shall comply with the provisions of Section A-1,
Frequently Flooded Areas located in Appendix A of this Master
Program.
6.9 Geologically Hazardous Areas
A. Introduction
Geologically hazardous areas are areas susceptible to severe erosion; slide activity, or
other geologic events. In the Anacortes shoreline, high marine bluffs are the most visible
type of geologically hazardous area, although seismic, tsunami and erosion hazards have
also been mapped.
The more severe hazard areas are not suitable for placing structures or locating intense
activities or uses due to the inherent threat to public health and safety. Vegetation
removal during construction and development of adjacent properties alters surface runoff
and ground water infiltration patterns that can lead to increased slope instability.
A certain level of erosion of shorelines and marine bluffs is natural to the Puget Sound
DUHD(URVLRQIURP³IHHGHUEOXIIV´LV the primary source of sand and gravel found on
beaches including accretion beaches (gravel bars, sand pits and barrier beaches).
([WHQVLYH³KDUGHQLQJ´RIIHHGHUEOXIIDUHDVFDQHYHQWXDOO\VWDUYHEHDFKHVGRZQGULIWRI
the bluff, resulting in lowered beach profiles and the potential for increased erosion.
Page 96
Changes in the beach substrate resulting from reduced sediment deposition may result in
negative habitat impacts. Erosion and accretion are natural processes that provide
ecological functions and thereby contribute to sustaining the natural resource and ecology
of the shoreline.
B. Management Policies
Policy 6.9.1 Ensure that new development or the creation of new lots does not
cause any foreseeable risk from geological conditions to people or
improvements during the life of the development.
Policy 6.9.2 Permit development in such a manner and only in locations where no
slope protection (e.g. bulkheads, rip-rap, retaining walls, etc.) is
necessary or where nonstructural protection (e.g., shoreline setbacks)
is sufficient for the life of the project (75 years).
Policy 6.9.3 Ensure that proposals are designed and constructed in a manner that
does not increase or result in slope instability or sloughing.
Policy 6.9.4 Allow shoreline modifications or other measures to protect existing
primary structures only when they are demonstrated to be necessary,
when no alternatives including relocation or reconstruction of existing
primary structures are found to be feasible, and when the
modifications are found to comply with the policies and regulations of
this Master Program for modifications (See Chapter 9) as well as the
requirements of WAC 173-26-231 (Shoreline Modification
requirements). Preference should be given to those types of shoreline
modifications that have a lesser impact on ecological functions.
Assure that modifications individually and cumulatively will result in
no-net-loss of ecological functions.
Policy 6.9.5 New development should be discouraged in geologically hazardous
areas by promoting and encouraging property development transfers,
or encouraging expanded buffers and setbacks through property tax
incentives.
C. Development Regulations
Applicability: Regulations for Geologically Hazardous Areas are set forth in the
shoreline-specific Critical Areas Regulations contained in Section A-3 of Appendix A of
this Master Program. Note that in addition to the buffers applied therein, vegetation
preservation may be required by Chapter 9 Specific Shoreline Modification Policies and
Development Regulations.
Additional standards for marine bluffs (i.e., slopes greater than 40 percent that exceed a
vertical height of 10 feet within the marine shorelines jurisdiction) are provided below.
Page 97
Special Reports and Determination of Buffers
DR-6.9.1 Applicants proposing development adjacent to a marine bluff shall
submit a geotechnical engineering report, prepared in accordance with
the requirements of this Master Program and the shoreline-specific
Critical Areas Regulations contained in Appendix A, when
development is proposed within:
a. 50 feet of the crest of a marine bluff, or a distance equal to the
height of the slope up to a distance of 100 feet from the crest
(measured from the top), whichever is greater;
b. 50 feet from the sides of a marine bluff; or
c. 50 feet from the toe of a marine bluff.
DR-6.9.2 The geotechnical engineering report shall be prepared by a
Washington State licensed professional civil engineer with a specialty
in geotechnical engineering or an engineering geologist with a
Washington specialty license in engineering geology as specified in
RCW 18.220. The report shall be based upon the best available
science, existing and proposed uses, risks of slope failure, and coastal
erosion rates over at least 75 years, if applicable.
DR-6.9.3 All proposed development on a marine bluff or in the required buffer
shall be prohibited, except:
a. As may be allowed in the shoreline-specific Critical Areas
Regulations under Subsection A-3.5 of Appendix A of this
Master Program.
b. Minor development to provide public access (e.g., public trails,
stairs or view points), provided that impacts are mitigated and
the development can be shown to be safe.
Bluff drainage
DR-6.9.4 Surface drainage shall be directed away from marine bluffs. When no
other solution is feasible, surface drainage piping may be located on
the face of a steep slope when contained in a tight line (closed,
nonleaking pipe) and in such a way that erosion will not be
exacerbated at the base of the bluff and that physical access along the
shoreline is not degraded. Furthermore, conditions may be applied to
mitigate for aesthetic impacts of drainage systems as viewed from
public areas.
DR 6.9.5 Special Reports. For marine bluffs, steep slopes, erosion hazard areas,
and landslide hazard areas, a geotechnical report shall be required to
review potential hazards and propose measures to mitigate such
Page 98
hazards consistent with the requirements of this Master Program and
attached appendices.
6.10 Wetlands
A. Introduction
Wetlands are those areas that are inundated or saturated by ground or surface water 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.
A wetland directly impacts water quality and stormwater control by trapping and filtering
surface and ground water. Wetlands also provide valuable habitat for fish and wildlife.
Because of the difficulty in replacing these rare and valuable areas, these regulations
control development adjacent to and within wetlands, and limit the amount of wetlands,
which may be altered. The purpose of these regulations is to protect the public from
harm by preserving the functions of wetlands and streams as recharge for ground water,
flood storage, floodwater conveyance, habitat for fish and wildlife, sediment control,
pollution control, surface water supply, aquifer recharge and recreation. Wetlands in
Anacortes are characterized by hydric soils, water-tolerant plants (hydrophytes), and
surfaces that are either saturated or inundated with water for a specified period of time.
B. Management Policies
Policy 6.10.1 Preserve and protect wetland ecosystems, and mitigate impacts, so that
there is no net loss of wetland acreage and functions. Where feasible,
improve wetland quality. Maintaining or restoring vegetated buffers is
the preferred method for protecting/improving wetland functions.
Policy 6.10.2 Prevent adverse impacts to wetland functions by controlling all
activities that could potentially affect wetland ecosystems whether the
activity is located within or adjacent to shorelines jurisdictional
wetlands or their buffers.
Policy 6.10.3 Encourage in-kind replacement of functional wetland values as the
preferred mitigation. Where in-kind replacement is not feasible or
practical due to the characteristics of the existing wetland, provide
ecological resources of equal or greater value, preferably within the
same hydrologic sub-basin, and located based on limiting factors or
critical needs identified in watershed or comprehensive resource
management plans, including the Shoreline Restoration Plan.
Policy 6.10.4 Coordinate proposals for mitigation, creation, or enhancement with
appropriate resource agencies to ensure adequate design and
consistency with local, state and federal regulatory requirements.
Policy 6.10.5 Develop wetland education programs to increase awareness of the
importance of wetlands and to inform the citizenry of protective
wetland regulations. The City of Anacortes should distribute wetland
Page 99
education materials to the public, including schools, landowners, and
developers in the Anacortes area.
Policy 6.10.6 Seek regional solutions to wetland mitigation through coordinated
planning with state and federal agencies, Skagit County, port
authorities and the public.
C. Development Regulations
Applicability: In addition to the regulations set forth in the shoreline-specific Critical
Areas Regulations contained in Section A-4 of Appendix A of this Master Program, the
following shall apply for activities proposed within shoreline jurisdiction:
DR-6.10.1 All development, development proposals and alterations that are
located within or adjacent to shoreline jurisdictional wetlands or their
buffers, or that are likely to significantly impact shoreline
jurisdictional wetlands shall prepare a wetland analysis pursuant to
Subsection A-4.7 in Appendix A, shoreline-specific Critical Areas
Regulations, of this Master Program. The wetland analysis shall
include the wetland rating (using the Washington State Wetland
Rating System for Western Washington (2006) or as revised by
Ecology), a functional assessment of potential buffers (based on
(FRORJ\¶VEHVWDYDLODEOHVFLHQFHIRUZHWODQGV DQd notes of any water
features and other critical areas and their related buffers in the
proximity of the wetland.
DR-6.10.2 Wetlands will be delineated using the Washington State Wetland
Identification and Delineation Manual (Ecology publication #96-94,
adopted under WAC 173-22-080). The wetland buffer for shoreline
wetlands shall be established per the provisions of Subsection A-4.8(F)
in Appendix A of this Master Program.
DR-6.10.3 Prohibit alteration of wetlands and their buffers unless:
a. Doing so will constitute a violation of constitutional or
statutory limitations on regulations of private property or
b. The proponent can conclusively demonstrate to the
satisfaction of the Shoreline Administrator that impacts are
unavoidable.
In either case, the proponent shall provide mitigation to achieve no net
loss of wetland function or value, according to an approved mitigation
plan prepared consistent with this Master Program, including Section
A-4 of Appendix A, shoreline-specific Critical Areas Regulations.
Page 100
CHAPTER 7 SHORELINE PUBLIC ACCESS
7.1 Introduction
7.2 Background
7.3 Public Access Policies
7.4 Public Access Development Regulations
7.1 Introduction
Anacortes is a uniquely situated jurisdiction. An attractive destination for travelers
because of the geography and historic setting, it is also a stop along the state highway
linking to Whidbey Island, the San Juan Islands, Vancouver Island, and points north and
east. The State Parks, the Waterfront Festival, and the Arts Festival, among others, attract
large numbers of visitors from far and wide annually. Inarguably, the economic vitality
of the City is bolstered by the public access to and enjoyment of the shorelines.
Shoreline public access is the physical ability of the general public to reach and touch the
water's edge or the ability to have a view of the water and the shoreline from upland
locations. There are a variety of types of public access, including docks and piers, boat
launches, pathways and trails, promenades, street ends, picnic areas, beach walks,
viewpoints and others.
An important goal of the Shoreline Management Act is to protect and enhance public
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5&: ³>7@KHSXEOLF¶VRSSRUWXQLty to enjoy the physical and aesthetic
qualities of natural shorelines of the state shall be preserved to the greatest extent
feasible consistent with the overall best interest of the state and the people
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will provide an opportunity for substantial numbers of people to enjoy the
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Public access and use of the shoreline is supported, in part, by the Public Trust Doctrine.
The essence of the doctrine is that the waters of the state are a public resource owned by
and available to all citizens equally for the purposes of navigation, conducting commerce,
fishing, recreation and similar uses, and that this trust is not invalidated by private
ownership of the underlying land. The doctrine limits public and private use of tidelands
and other shorelands to protect the public's right to use the waters of the state. The Public
Trust Doctrine does not allow the public to trespass over privately owned uplands to
access the tidelands. It does, however, protect public use of navigable waterbodies.
Requiring public access on privately owned property as a condition of development has
Page 101
been the subject of considerable legal review. Our state Constitution and the U.S.
Constitution provide both the authority for conducting the activities necessary to carry
out the Shoreline Management Act and significant limitations on that authority. While
the SMA stresses the need for public access, our state and the U.S. Constitutions provide
for protection of certain private property rights. Where public access is required as a
permit condition, the courts have stated that there must be a rational and roughly
SURSRUWLRQDWHFRQQHFWLRQEHWZHHQWKHSURMHFW¶VLPSDFWRQSXEOLFDFFHVVDQGWKHSXEOLF
access requirement. Certain state statutes also impose limitations on the regulation of
private property.
7.2 Background
This Public Access Chapter is preceded by several planning efforts to maintain and
enhance public access to the shoreline in Anacortes. The public access policies and
strategies included in this Master Program build on those established in past planning
documents.
7.3 Public Access Policies
A. General Policies
Policy 7.3.1 Seek to maintain and enhance public access, both physical and visual,
throughout the City's shoreline. Access should be provided for a range
of users including pedestrians, bicyclists, boaters and, to the extent
feasible, people with disabilities. Access opportunities should be
varied, ranging from urban water walks to viewing platforms of
natural areas. Encourage the use of public access facilities to actively
educate and inform the public on the importance of environmental
protection of the shoreline jurisdiction. Work in partnership with local
entities (e.g., Skagit Marine Resources Committee, and others) to
implement this policy.
Policy 7.3.2 Locate and design public access in a manner that does not result in a
net loss of ecological functions or wildlife habitat.
Policy 7.3.3 Link recreational and public access opportunities together via trails,
beach walks and water routes whenever appropriate. Where practical,
access points link to non-motorized transportation routes, such as
bicycle and hiking paths, and kayak/canoe routes.
Policy 7.3.4 Seek a public pedestrian walkway system along the waterfront
utilizing a combination of natural beaches, pathways, piers, wharves,
street-ends, sidewalks, stairways, or other improvements. Although it
may not be feasible for the walkway system to be continuous along the
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pedestrian access to and along major portions of the waterfront. The
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Page 102
thus extending boardwalks over the beach should be limited. Where
development of a waterfront trail is to occur, the development should
protect shoreline ecological functions and enhance areas of impaired
functions when feasible.
Policy 7.3.5 Require new development that impacts public access to mitigate
through the provision of on-site visual and physical public access,
unless such access is shown to be incompatible due to reasons of
safety, security, or impact to the shoreline. In lieu of on-site
improvements, the Shoreline Administrator may allow for off-site
improvements if said improvements would provide a greater public
benefit.
Policy 7.3.6 Foster public access through a variety of approaches including
purchase of key segments, encouraging public and private
partnerships, and working with developers to explain the benefits of
incorporating public access and recreation.
Policy 7.3.7 Incorporate public access provisions into the review and approval of
all public and private development projects including land divisions
into five or more parcels. Exceptions may be considered for the
following:
a. Single-family dwelling units not part of a development planned
for five or more parcels;
b. Where deemed inappropriate due to health, safety, security,
incompatible uses, constitutional or other legal limitations and
environmental concerns. In these cases alternate methods of
providing public access shall be considered such as off-site
improvements, viewing platforms, separation of uses through site
planning and design, and restricting hours of public access; and
c. Where a more effective integrated public access plan exists.
Beachwalks
Policy 7.3.8 Preserve beachwalks as unimproved public access. Beachwalks are
unmarked sections of intertidal land upon which the public has rights
of passage in accordance with the Public Trust Doctrine. Beachwalks
by definition are usually not passable on a 24-hour basis due to tidal
action.
Street Ends
Policy 7.3.9 Encourage the use of street ends and other publicly owned or
controlled lands to increase public access to shoreline areas.
Policy 7.3.10 Develop street end access and viewpoints. Improvements to and
Page 103
linkages between these street-ends should be determined by the
physical characteristics of the shorelines, existing development
patterns, potential for structural improvements, and other factors
relevant to developing a continuous pedestrian system.
Policy 7.3.11 Ensure that use of street ends for parking does not physically block
public access to the shoreline or degrade the scenic qualities of the
City. (See Parking Facilities, Section 8.9, Chapter 8)
Policy 7.3.12 Identify and bring into compliance uses that unlawfully encroach on
public access areas, unless a street use agreement has previously been
made between the City of Anacortes and the proponent of the use.
Policy 7.3.13 Develop a prioritized list of improvements to street ends. Cost
effectiveness should be a key element in prioritizing the proposed
improvements.
Design
Policy 7.3.14 Public access improvements should be designed and constructed to:
a. /RRNDQG³IHHO´ZHOFRPLQJWRWKHSXEOLFDQGEHXVDEOHE\WKH
greatest number and diversity of people including, to the extent
possible, the physically handicapped.
b. Connect to public areas, street-ends and other pedestrian or
public thoroughfares.
c. Be as close as possible to the water's edge while preserving the
natural character of the shoreline and protecting ecological
functions and processes of shorelines and/or their associated
wetlands.
d. Be compatible with the surrounding character and appropriate for
the anticipated intensity of use. In general, the higher the
intensity of development and use, the more formal and durable
the improvements should be.
e. Enhance the character of Anacortes, including the historic and
economic activity of downtown, marine business and industry,
Port activity, and natural areas.
f. Avoid conflicts with water-dependent uses.
g. Provide for public safety and minimize potential impacts to
private property and individual privacy and security.
h. Require low maintenance design.
Page 104
i. Ensure that construction (i.e., structures, trails and access
pathways) incorporates environmentally sensitive design and
materials (e.g., use non-toxic, natural materials).
7.4 Development Regulations
A. General Requirements
DR-7.4.1 Developments, uses, and activities shall be designed and operated to
avoid significantly blocking, reducing, or adversely interfering with
the public's visual or physical access to the water and the shorelines.
DR-7.4.2 Except as provided in regulations 7.4.4 and 7.4.5, shoreline substantial
developments or conditional uses shall provide public access where
any of the following conditions are present:
a. Where a development or use will create increased demand for
public access to the shoreline, the development or use shall
provide public access to mitigate this impact.
b. Where a development or use will interfere with an existing or
potential public access way, the development or use shall apply
mitigation sequencing principles and provide public access to
address the impact.
c. Where a non-water-enjoyment use is converted to a water-
enjoyment use by the addition of substantial opportunity for
public access. For example, a restaurant may qualify as a water-
enjoyment use when located, designed and operated to assure the
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d. Where land is subdivided into five or more parcels.
e. Where a development or use is located on public land or is
managed by a public entity, unless access is incompatible with
safety, security, or environmental protection.
DR-7.4.3 Required public access shall include the preservation of shoreline
views, the establishment of public access easements to and along the
shoreline, enhancement of an adjacent street-end or park, or other
consideration commensurate with the degree of impact caused by the
development.
DR-7.4.4 Public access is not required if the applicant can demonstrate to the
satisfaction of the City that constitutional and or statutory limitations
would be violated by the provision of such access. Nor is public
access required for individual single-family residences which are not
part of a development planned for more than four parcels.
Page 105
DR-7.4.5 Alternatives to on-site, physical access to the shoreline may be
approved if the applicant can demonstrate to the satisfaction of the
City that one or more of the following conditions exist:
a. Unavoidable health or safety hazards to the public exist which
cannot be prevented by any practical means;
b. Access is not feasible due to the configuration of existing parcels
and structures, such that access areas are blocked in such a way
that cannot be reasonably remedied by the proposed
development;
c. Inherent security requirements of the proposed development or
use cannot be satisfied through the application of alternative
design features or other solutions;
d. The cost of providing on-site access, easement, or an alternative
amenity is unreasonably disproportionate to the total long-term
cost of the proposed development;
e. Unacceptable environmental harm which cannot be mitigated,
such as damage to spawning areas or nesting areas, will result
from the public access; or
f. Significant undue and unavoidable conflict between the proposed
access and adjacent uses would occur and cannot be mitigated.
Provided further, that the applicant has first demonstrated and the City
has determined that all reasonable alternatives have been exhausted,
including, but not limited to:
g. Regulating access by such means as limiting hours of use to
daylight hours, or allowing public access to only a portion of the
site.
h. Designing separation of uses and activities, using such means as
terracing, hedges, and landscaping.
DR-7.4.6 When on-site public access is not required under DR-7.4.5, alternative
shoreline access must result in an equal or greater public benefit.
Alternatives may include but are not limited to:
a. Publicly accessible rooftop decks.
b. Off-site public access, such as improvements to a nearby street
end, an offsite viewpoint, or a trail system, purchase of land or
an easement at a location appropriate for future access
improvements.
Page 106
c. A payment in lieu agreement with the City in accordance with
RCW 82.02.020 (relating to fees associated with development).
DR-7.4.7 Off-site public access, when required, must meet the same standards
and requirements as on-site public access.
DR-7.4.8 In providing visual access to the shoreline, significant vegetation
removal of native vegetation shall not occur, including by clearing or
by topping. (Note: Trimming of trees and vegetation may be allowed,
pursuant to Section 6.5 of this Master Program).
DR-7.4.9 When required, public access sites shall be fully developed and
available for public use at the time of occupancy or use of the
development or activity, except where the decision maker determines
an appropriate mechanism for delayed public access implementation is
necessary for practical reasons. If on or over the water, development
shall be constructed to minimize interference with physical access
along the beach and views from surrounding properties to the shoreline
and adjoining waters, including locating structures as far landward as
feasible.
B. Physical Access and Easements
DR-7.4.10 Where on-site physical access is appropriate, the development shall
dedicate, improve, and provide maintenance for a pedestrian easement
that provides area sufficient to ensure usable access to and along the
shoreline for the general public.
DR-7.4.11 Public access easements shall be designed to accommodate the
anticipated intensity of use, generally ranging from a minimum 12-foot
width easement in less traveled residential areas to a minimum 25-foot
width in more intensely urbanized areas. Where deemed necessary to
protect environmental functions, the easement shall accommodate an
area of native vegetation between the OHWM and the public access
walkway/viewpoint.
DR-7.4.12 A reduced width access easement may be allowed to facilitate
redevelopment of existing structures that encroach into the easement
area, provided that the easement and design of the access is sufficient
to provide safe access or alternative shoreline access is provided.
DR-7.4.13 Public access easements and permit conditions shall be recorded in an
appropriate manner, such as on the deed where applicable or on the
face of a plat or short plat as a condition running in perpetuity with the
land. Said recording with the Auditor's office shall occur at the time
of permit approval (RCW 58.17.110; relating to subdivision approval
or disapproval) and prior to the issuance of any land disturbing or
construction permits.
Page 107
DR-7.4.14 The standard state approved logo or other approved signs that indicate
the public's right of access and hours of access shall be constructed,
installed, and maintained by the applicant in conspicuous locations at
public access sites. Signs shall be designed to distinguish between
public and private areas. In accordance with the regulations in this
section, signs controlling or restricting public access may be approved
as a condition of permit approval.
DR-7.4.15 Future actions by the applicant or other parties shall not diminish the
usefulness or value of the public access site.
C. Design
DR-7.4.16 Public access sites shall be connected directly to the nearest public
area (e.g., street, public park, or adjoining public access easement).
Where connections are not currently possible, the site shall be
designed to accommodate logical future connections. In either case,
the design shall take into consideration the priority placed on
protecting physical access along the beach (i.e., boardwalk
connections that interfere with physical access along the adjoining
beach area are discouraged).
DR-7.4.17 Public access sites shall be made barrier free for the physically
disabled, where feasible, and designed consistent with the Americans
with Disabilities Act.
DR-7.4.18 Public access landscape design shall use native vegetation in the
shoreline setback and predominantly native vegetation (i.e., 80% or
greater) in the remainder of shoreline jurisdiction, particularly
drought-resistant and, along marine shorelines, saline-tolerant plant
species. Landscape plantings may be required where desirable to
provide public/private space separation.
DR-7.4.19 Public access shall be designed to achieve no net loss of ecological
functions. Where impacts are identified, mitigation shall be required.
Materials shall be:
a. Consistent with the character of the shoreline and the anticipated
LQWHQVLW\RIXVH)RUH[DPSOH³IRUPDO´ HJFRQFUHWHVLGHZDONV
colonnade) elements in the downtown or "informal" design
elements (e.g. log benches, dune grass and gravel paths) along
the Guemes Channel.
b. Durable, capable of withstanding exposure to the elements; and
c. Wherever financially feasible and practical, environmentally
friendly materials and technology in such things as building
materials, paved surfaces, porous pavement, etc., shall be used.
Page 108
Creosote-treated timber shall not be used within the shoreline
jurisdiction.
D. Public/Private Separation
DR-7.4.20 Public access facilities shall look and feel welcoming to the public,
and not appear as an intrusion into private property.
DR-7.4.21 Natural elements such as logs, grass, shrubs, and elevation separations
are encouraged as means to define the separation between public and
private space.
DR-7.4.22 New residential development bordering public spaces that contain
adjacent pathways shall be designed to provide a visual privacy
separation between uses.
E. Amenities
DR-7.4.23 Furniture used in public access areas shall be appropriate for the
proposed level of development, and the character of the surrounding
district.
DR-7.4.24 The City may require the installation of benches; bicycle racks; pet
waste, garbage and recycling receptacles; educational signage; and
other street furniture at shoreline public access points commensurate
with the degree of project impact. Where required:
a. Benches shall be set back from a walkway or path so pedestrians
will still have room to walk by when the benches are in use. At
least four (4) feet of unobstructed pathway width shall remain
where benches are placed on pathways. Benches may be built
without backs and shall be at least 4 to 5 feet in length.
b. Provisions for maintenance shall be required as a condition of
permit approval.
c. Educational signage shall be used to identify unique natural
features, maritime uses and historical landmarks.
F. Parking
DR-7.4.25 Parking associated with Public Access shall comply with applicable
parking requirements in Chapter 8, Specific Use Policies and
Development Regulations, Section 8.9. Section 8.11 includes specific
development regulations for vista parking facilities.
Page 109
CHAPTER 8 SPECIFIC USE POLICIES AND
DEVELOPMENT REGULATIONS
8.1 Introduction
8.2 Advertising and Signs
8.3 Agriculture
8.4 Aquaculture
8.5 Commercial Development
8.6 Industrial and Port Facilities
8.7 Marinas
8.8 Mining
8.9 Parking Facilities
8.10 Recreational Facilities
8.11 Residential Development
8.12 Scientific, Cultural and Educational Facilities
8.13 Transportation Facilities
8.14 Utilities (Primary)
8.1 Introduction
Development and use proposals may involve a number of uses and shoreline
modifications and must comply with the policies and regulations for each. For example,
uses associated with a new marina may include boat launches, industrial and port
facilities, parking facilities, and recreational facilities. Construction of a marina may
involve numerous shoreline modifications, including dredging, dredge spoil disposal, a
jetty, and perhaps landfill. Each project is reviewed for compliance with the applicable
³XVH´ policies and regulations in these regulations and with the applicable
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All shoreline developments and uses must comply with the standards of this Master
Program whether or not a shoreline substantial development permit is required. Specific
conditions that ensure such compliance may be attached as a condition of permit approval
of a shoreline permit or shoreline exemption.
ShRUHOLQHXVHVVSHFLILFDOO\OLVWHGDV³SURKLELWHG´VKDOOQRWEHHOLJLEOHIRUFRQVLGHUDWLRQDV
a Shoreline Variance or Shoreline Conditional Use Permit. If the use is not specifically
prohibited, deviations from the minimum performance standards may be approved under
a Shoreline Variance unless specifically stated otherwise.
The performance standards contained herein augment standards established through other
land development regulations. Where conflict arises between these and other applicable
controls, the regulations that provide more protection to the shoreline area shall apply.
This chapter provides specific policies and regulations for the following types of specific
Page 110
uses. Refer to Chapter 9 for shoreline modifications:
a. Advertising and Signs
b. Agriculture
c. Aquaculture
d. Commercial Development
e. Industrial and Port Facilities
f. Marinas
g. Mining
h. Parking Facilities
i. Recreational Facilities
j. Residential Development
k. Scientific, Cultural and Education Facilities
l. Transportation Facilities
m. Utilities (Primary)
8VHVQRWFODVVLILHG LH³XQFODVVLILHGXVHV´ XQGHUWKLV0DVWHU3URJUDPVKDOOEH
processed as conditional uses.
8.2 Advertising and Signs
Outdoor advertising and signs include publicly displayed messages on signs, billboards,
placards, or buildings that direct attention to promotion of a business, service, or product,
or for public notice, transportation, or direction.
Outdoor advertising is regulated by the Anacortes sign code.
A. Policies
Policy 8.2.1 Ensure that signage within the shoreline jurisdiction complies with the
&LW\¶V6LJQUHJXODWLRQVFRGLILHGLQ&KDSWHURIWKH$QDFRUWHV
Municipal Code.
Policy 8.2.2 Ensure that signs are compatible with the shoreline environment and
adjacent land and water uses through appropriate design and
placement.
Page 111
Policy 8.2.3 Minimize degradation of vistas and viewpoints and ensure visual
access to the water from such vistas by appropriately locating signs.
Policy 8.2.4 Signs should not be placed where they will detract from or block
shoreline views, nor should they be of a design and size which would
degrade the shoreline character as defined in the Area Designations.
B. Development Regulations
DR-8.2.1 Outdoor advertising and signs shall be in conformance with the City of
Anacortes sign regulations codified in Chapter 17 of the Anacortes
Municipal Code.
DR-8.2.2 Signs facing the water shall be limited to:
a. Directional signage associated with a marina or boatyard, and
b. Signage on buildings with a waterside entrance.
DR-8.2.3 Over-water signs or signs on floats or pilings (signs in all areas below
OHWM) shall be limited to those that are a necessary part of approved
in-water or over-water uses and shall generally be limited to signs for
navigation, safety, identification, or public information.
DR-8.2.4 Artificial lighting for signs shall be directed or beamed away from the
water, public streets, or adjacent premises so as to not cause glare
reflection that may constitute a traffic or boating hazard or nuisance.
DR-8.2.5 Flashing and blinking signs are not permitted in the shoreline area. No
sign or part thereof shall consist of banners, posters, streamers,
spinners, or other similar moving devices.
DR-8.2.6 No signs shall be constructed or operated in a manner that obscures or
detracts from the effectiveness of navigational aids.
DR-8.2.7 Billboards are prohibited within shoreline areas of the City and at
upland locations which would obstruct existing visual access to the
shorelines.
DR-8.2.8 Free-standing signs are permitted provided they are no larger than
thirty-two square feet in area on any one face.
8.3 Agriculture
Agriculture includes the cultivation of soil, production of crops, or the raising of
livestock.
Page 112
A. Policies
Policy 8.3.1 Agricultural activities shall be prohibited in all environments except
for home gardens associated with a single-family residence.
8.4 Aquaculture
A. Introduction
Aquaculture is the farming or culturing of aquatic organisms. Aquaculture encompasses a
wide variety of activities including hatching, seeding, planting, cultivating, feeding,
raising, and harvesting of aquatic plants and animals. These activities may have widely
differing impacts on the aquatic and shoreline environment.
HarvHVWLQJE\7ULEDOHQWLWLHVLVH[HPSWIURPFRPSOLDQFHZLWKWKH&LW\¶V6KRUHOLQH0DVWHU
Program pursuant to Tribe treaties.
Aquaculture can be carried out in subtidal, intertidal, upland, and fresh water areas. The
subtidal area is seaward of the line of extreme low tide. The intertidal area is seaward of
the ordinary high water mark and landward of the line of extreme low tide. The upland
area is landward of the ordinary high water mark.
B. Policies
Policy 8.4.1 Non-commercial aquaculture for recovery of a native population is
preferred.
Policy 8.4.2 Limit all other aquaculture uses to the Urban and Urban Maritime
environments as a Conditional Use.
Policy 8.4.3 Ensure that, when permitted, aquaculture developments are located,
designed and operated in a manner that is compatible with existing
uses and in keeping with the natural shoreline environment and the
environmental protection and restoration policies of this Master
Program.
Policy 8.4.4 Aquaculture should not be permitted where it would result in a net loss
of shoreline ecological functions; adversely affect the quality or extent
of habitat for native species including eelgrass, kelp, and other
macroalgae; adversely impact other habitat conservation areas; or
interfere with navigation or other water-dependent uses.
Policy 8.4.5 The City should actively seek substantive comment on any shoreline
permit application for aquaculture from all appropriate Federal, State
and local agencies; affected tribes; and the general public regarding
potential adverse impacts. Comments of nearby residents or property
owners directly affected by a proposal should be considered and
evaluated, especially in regard to use compatibility and aesthetics.
Page 113
C. Development Regulations
DR-8.4.1 Shellfish seeding/culturing may be permitted when conducted for
native population recovery in accordance with a government/Tribal
approved plan. All other aquaculture developments and activities,
including fish pens and commercial shellfish seeding/culturing, are
limited to the Urban shoreline environment and those adjacent Aquatic
designated areas.
DR-8.4.2 Aquaculture facilities shall be located and designed to avoid:
a. loss of ecological functions,
b. impacts to eelgrass and macroalgae,
c. significant conflict with navigation and water-dependent uses,
d. the spreading of disease,
e. introduction of non-native species, or
f. impacts to shoreline aesthetic qualities.
DR-8.4.3 Mitigation sequencing shall be followed.
DR-8.4.4 Aquaculture that involves little or no substrate modification shall be
given preference over those that involve substantial modification. The
applicant/proponent shall demonstrate that the degree of proposed
substrate modification is the minimum necessary for feasible
aquaculture operations at the site.
DR-8.4.5 New aquatic species that are not previously cultivated in Washington
State shall not be introduced into City saltwaters or freshwaters
without prior written approval of the Director of the Washington State
Department of Fish and Wildlife and the Director of the Washington
Department of Health. In saltwaters, the City shall not issue permits
for projects that include the introduction of such organisms until it has
also received written comment from the Marine Resources Committee,
and the local tribes, provided that such comment is received in a
timely manner.
DR-8.4.6 No processing of any aquaculture product, except for the sorting or
culling of the cultured organism and the washing or removal of surface
materials or organisms after harvest, shall occur in or over the water
unless specifically approved by permit. All other processing and
processing facilities shall be located on land and shall be subject to the
policies and regulations of this SMP.
DR-8.4.7 Aquaculture wastes shall be disposed of in a manner that will ensure
Page 114
strict compliance with all applicable governmental waste disposal
standards, including but not limited to the Federal Clean Water Act,
Section 401, and the Washington State Water Pollution Control Act
(RCW 90.48). No garbage, wastes or debris shall be allowed to
accumulate at the site of any aquaculture operation.
DR-8.4.8 Fish net pens and rafts shall meet the following criteria in addition to
the other applicable regulations of this section:
a. Fish net pens shall meet, at a minimum, State approved
administrative guidelines for the management of net pen cultures.
In the event there is a conflict in requirements, the more
restrictive requirement shall prevail.
b. Fish net pens shall not occupy more than 2 surface acres of water
area, excluding booming and anchoring requirements. Anchors
that minimize disturbance to substrate, such as helical anchors,
shall be employed. Such operations shall not use chemicals or
antibiotics.
c. Net cleaning activities shall be conducted on a frequent enough
basis so as not to violate state water quality standards. When
feasible, the cleaning of nets and other apparatus shall be
accomplished by air drying, spray washing, or hand washing.
DR-8.4.9 All floating and submerged aquaculture structures and facilities in
navigable waters shall be marked in accordance with U.S. Coast Guard
requirements.
8.5 Commercial Development
Commercial development means those uses and facilities that are involved in wholesale
or retail trade or other business activities. Examples include, but are not limited to,
hotels, motels, grocery stores, restaurants, shops, offices, and indoor recreation facilities.
A. Policies
Policy 8.5.1 Give priority to those commercial developments that are dependent on
shoreline locations or that allow a substantial number of people to
actively or passively enjoy the shoreline; preference should first be
given to water-dependent uses, then to water-related and water-
enjoyment uses.
Policy 8.5.2 Except for marinas, commercial docking facilities, and related
facilities, prohibit new over-water commercial structures.
Policy 8.5.3 Design commercial uses in a manner that provides reasonable physical
and visual access to the water.
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Policy 8.5.4 Design commercial uses adjacent to the ordinary high water mark in a
manner that provides shoreline setback enhancement and
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constitutional and other limitations on the regulation of private
property.
Policy 8.5.5 New non-water-oriented commercial uses are prohibited unless there is
no direct access to navigable waterways or unless they are part of a
mixed-use project that includes water-dependent uses as the primary
uses or navigation is severely limited at the proposed site and the use
provides a significant public benefit with respect to SMA objectives
for public access and ecological benefit.
B. Development Regulations
DR-8.5.1 Over-water construction of commercial uses is prohibited except as
follows:
a. The development of docks, piers, boat launch ramps, or other
similar shoreline access facilities for marinas, related facilities,
and port facilities.
b. Reconstruction of existing over-water buildings and associated
structures may be allowed to facilitate development of non-
water-dependent commercial uses in the limited instances where
they are auxiliary to and necessary in support of water-dependent
uses, provided that reuse or reconstruction of the existing
structure or the addition of new structures will result in no net
loss of ecological functions and provide public access and
ecological restoration.
c. Minor commercial uses that are accessory and clearly incidental
to an allowed use may be provided on publicly owned docks and
piers (e.g., espresso stand at the ferry terminal; authorized ticket
sales for a temporary, marine-oriented event).
d. Minor commercial uses that are accessory and clearly incidental
to an allowed use may be provided on privately owned or
publicly owned marina docks and piers (e.g., marine fuel-related
sales including boater convenience store, vessel-chartering
services, boat maintenance and security services, marina security
services, waiting area for float plane and/or ferry services).
DR-8.5.2 Commercial development shall be subject to the design review
provisions of the Anacortes Zoning code (Title 17 AMC).
DR-8.5.3 All commercial development/redevelopment requiring a Substantial
Development or Conditional Use Permit within shoreline jurisdiction
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shall provide for public visual and physical access to the shoreline in
accordance with Chapter 7, Public Access, taking into consideration
constitutional and statutory limitations. Such provisions could be the
preservation of shoreline views, the establishment of public access
easements across and to the shoreline, enhancement of an adjacent
street-end or park or other consideration commensurate with the
degree of impact caused by the development. Ecological restoration
shall also be considered as potential mitigation of impacts to shoreline
resources and values for all non-water-dependent commercial
development unless demonstrated to be infeasible or inappropriate.
DR-8.5.4 Bed and Breakfast establishments are required to meet the policies and
regulations for both Residential and Commercial use.
DR-8.5.5 Warehousing is permitted in shoreline areas as an accessory use only if
it is auxiliary to and necessary in support of a water-dependent use.
DR-8.5.6 Water-enjoyment and water-related commercial uses must be designed
to avoid impacts to existing navigation, recreation, and public access.
DR-8.5.7 Priority shall first be given to water-dependent commercial uses over
non-water-dependent commercial uses; second, preference to water-
related and water-enjoyment commercial uses over non-water-oriented
commercial uses.
DR-8.5.8 Non-water-oriented commercial uses in shoreline jurisdiction shall be
prohibited unless they meet the following criteria:
a. The use is part of a mixed-use project that includes water-
dependent uses and provides a significant public benefit with
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providing public access and ecological restoration; or
b. Navigability is severely limited at the proposed site and the
commercial use provides a significant public benefit with respect
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public access and ecological restoration.
In areas designated for commercial use, non-water-oriented
commercial development may be allowed if the site is physically
separated from the shoreline by another property or public right of
way.
Page 117
8.6 Industrial and Port Facilities
A. Introduction
Industry applies to those businesses or uses involved in the production, processing,
manufacturing, or fabrication of goods. Warehousing and storage of materials or products
is considered part of the industrial process. Water-dependent industries are those that
require location adjacent to the shoreline by reason of the intrinsic nature of their
business. Ports are a specialized subcategory of general industrial use. Port facilities are
centers of water-borne traffic and commerce. Industry and ports are both covered in this
section.
Some port and industrial developments are often associated with a number of uses and
modifications that are identified separately in this Master Program (e.g., parking,
dredging). Each use activity and every type of shoreline modification should be carefully
identified and reviewed for compliance with all applicable sections.
Port and industrial facilities are intensive and have the potential to negatively impact the
shoreline environment. When impacts cannot be avoided, they must be mitigated to
assure no net loss of the ecological function necessary to sustain shoreline resources.
Please refer to Chapter 6, Environmental Protection General Regulations.
B. Policies
Policy 8.6.1 Reserve shorelines that are particularly suitable for water-dependent
and water-related industrial and port development for these uses.
Policy 8.6.2 Prohibit non-water-dependent industrial and port developments over
water.
Policy 8.6.3 Require new industrial and port development to provide physical and
visual access to shorelines whenever possible, consistent with
constitutional and statutory limitations, and provided such access does
not interfere with industrial operations or endanger public health and
safety.
Policy 8.6.4 Encourage cooperative use of docks, cargo handling, storage, parking,
and other accessory facilities among private or public entities in
shoreline industrial and port areas.
Policy 8.6.5 Ensure that land transportation and utility corridors serving ports and
water-related industry follow the guidelines provided under the
sections dealing with utilities and transportation. Where feasible,
transportation and utility corridors should be located upland to reduce
conflicts with industrial operations
Policy 8.6.6 Only water-dependent industrial and port uses shall be permitted on
shorelands with direct frontage on and practical access to navigable
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waterways.
Policy 8.6.7 Opportunities for public access to the water are required at port and
industrial sites, unless such access would interfere with operations or
endanger public health and safety, or the proponent otherwise provides
for equivalent access elsewhere in the City.
Policy 8.6.8 Cooperative and complementary port and industrial activities are
encouraged to locate in common areas.
Policy 8.6.9 Industrial uses and redevelopment are encouraged to locate where
environmental cleanup and restoration can be accomplished.
Policy 8.6.10 New non-water-oriented industrial uses are prohibited unless they are
part of a mixed-use project, navigation is severely limited, and the use
provides a significant public benefit with respect to SMA objectives.
C. Development Regulations
General
DR-8.6.1 Preference shall be given to water-dependent industrial uses over non-
water-dependent industrial uses; and second, give preference to water-
related industrial uses over non-water-oriented industrial uses.
DR-8.6.2 Non-water-oriented industrial uses in shoreline jurisdiction shall be
prohibited unless they meet the following criteria:
a. The use is part of a mixed-use project that includes water-
dependent uses and provides a significant public benefit with
respect to the Shoreline Management $FW¶VREMHFWLYHVVXFKDV
providing public access and ecological restoration; or
b. Navigability is severely limited at the proposed site and the
commercial use provides a significant public benefit with respect
WRWKH6KRUHOLQH0DQDJHPHQW$FW¶VREMHFWLYHV such as providing
public access and ecological restoration.
In areas designated for industrial use, non-water-oriented industrial
development may be allowed if the site is physically separated from
the shoreline by another property or public right of way.
DR-8.6.3 Only water-dependent industrial and water-dependent port facilities
shall be permitted over water.
DR-8.6.4 Storage and/or disposal of industrial wastes are prohibited within
shoreline jurisdiction, unless specifically listed herein.
DR-8.6.5 Solid waste disposal and solid waste disposal sites are prohibited
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within shoreline jurisdiction.
DR-8.6.6 The following uses may be permitted as a conditional use:
a. Bulk storage of oil, fuel, chemicals, or hazardous materials, on
either a temporary or a permanent basis, provided that:
i. Secondary containment and an emergency spill response
plan are included in the proposal.
ii. Alternate inland areas are unavailable.
iii. The storage is directly related to a water-dependent use.
b. Wastewater treatment and reclamation systems accessory to a
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i. Alternate inland areas are unavailable and;
ii. The proposed location, design and operation are compatible
with existing and planned water-oriented uses.
Design
DR-8.6.7 Industrial and port facilities shall be located, designed, constructed,
and operated so as to minimize impacts to shoreline resources and
adjacent property owners, as well as adjacent shoreline or water uses.
To this end, applications for industrial/port facilities must demonstrate
conformance with the following criteria. The proposal shall:
a. Comply with all federal, state, regional, and local requirements
regarding air and water quality.
b. All new or expanded industrial development shall be set back
and buffered from adjacent shoreline properties that are used for
or zoned for non-industrial purposes. Such buffering or
greenbelt shall include landscaping, shrubs, trees and native
vegetation as found to be appropriate depending on the impact
c. Maximize joint use of accessory facilities -industrial/port
facilities shall be designed and operated to promote joint use of
over-water and accessory facilities such as piers, docks, storage,
and parking whenever practicable.
d. Protect public views of harbor areas and other officially
delineated vistas. Private views of the shoreline, although
considered during the review process, are not expressly
protected. Property owners concerned with the protection of
views from private property are encouraged to obtain view
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easements, purchase intervening property and/or seek other
similar private means of minimizing view obstruction.
e. Make adequate provision for fire and safety hazards -
i. The storage and handling of inflammable liquids, liquefied
petroleum gases and explosives shall comply with rules and
regulations falling under the jurisdiction of the City fire
chief, the laws of the state and other local ordinances;
ii. Bulk storage of inflammable liquids below ground shall be
permitted, and the tank shall be located not closer to the
property line than the greatest dimension (diameter, length,
or height of the tank).
iii. Adequate fire fighting, fire prevention and safety
equipment shall be provided as necessary to handle
materials stored or used on the site.
iv. Flammable/explosive/hazardous materials shall be kept
removed from adjacent activities to a distance that is
compatible with the potential danger involved.
v. Provisions shall be made to minimize the probability of
spills of fuel or other toxic substances and to handle
accidental spills that occur.
vi. Emission of dangerous radioactivity shall be prohibited.
f. Prevent interference. - Provide for necessary shielding or other
measures to prevent on-site mechanical or electrical equipment
from interfering with the use of electrical apparatus off-site.
g. Exterior lighting shall not be used in such a manner that
produces nuisance glare.
h. Noxious odors shall be eliminated to the extent practicable.
i. Assure no net loss of ecological functions.
Public Access
DR-8.6.8 Port and industrial facilities shall provide public access to shoreline
areas in accordance with Chapter 7, Public Access, taking into
consideration constitutional and statutory limitations, public safety,
health, and security. Where industrial use is proposed for location on
land in public ownership, public access shall be required in the general
vicinity of the impact. Such provisions could be the preservation of
shoreline views, the establishment of public access easements across
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and to the shoreline, enhancement of an adjacent street-end or park or
other consideration commensurate with the degree of impact caused by
the development. In this regard the 3RUWRI$QDFRUWHV¶,Qtegrated
Approach to Marine Public Access, October 2003 is incorporated by
reference into this SMP.
DR 8.6.9 The Port of Anacortes and City shall coordinate the cooperative
multiple use of publicly owned piers, docks, and parking facilities.
8.7 Marinas
A. Introduction
For the purpose of this chapter, marinas are defined as facilities that provide launching,
storage, supplies, moorage, and other services for five or more pleasure and commercial
watercraft. Commercial development, not accessory to the operation of a marina, shall
comply with Section 8.5, "Commercial Development." Shoreline modifications
associated with marinas, including docks, piers, and floats, shall also comply with
Chapter 9 Specific Shoreline Modifications Policies and Development Regulations.
Marinas are restricted to suitable environmental designations (Table 5.1).
B. Policies
Policy 8.7.1 Ensure that proposed marinas and the expansion of existing marinas
are located, designed, constructed and operated in a manner that will
minimize damage to shoreline processes and functions. When impacts
cannot be avoided, impacts must be mitigated to assure no-net-loss of
ecological function necessary to sustain shoreline resources.
Policy 8.7.2 Ensure that marinas are located, designed, and operated so as to be
compatible with adjacent uses and protect the aesthetic qualities of the
shoreline environment.
Policy 8.7.3 Consult the standards and guidelines of applicable federal, state and
local agencies in planning for marina expansion and new mooring
facilities.
Policy 8.7.4 Marinas are to be designed to minimize adverse impacts to water
quality, through avoidance and/or mitigation, and to be aesthetically
compatible with the shoreline area.
Policy 8.7.5 Viewpoints and public access to marina areas should be included in
marina plan and design.
Policy 8.7.6 Marinas must be designed to comply with regulations prepared by the
State Department of Fish and Wildlife and other agencies having
jurisdiction over such development.
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Policy 8.7.7 New marinas and marina expansions are to be located and designed so
that they will minimize damage to fish and shellfish resources after all
mitigation requirements are met.
Policy 8.7.8 Marinas are to be designed to minimize, as far as practicable, adverse
impacts to natural shoreline processes.
Policy 8.7.9 Special attention should be given to the design and development of
operational procedures for fuel handling and storage in order to
minimize accidental spillage and provide satisfactory means for
handling those spills that do occur.
Policy 8.7.10 All applicable State and local health and safety standards shall be
complied with in the development of marinas.
Policy 8.7.11 Upland dry storage marinas are preferred for non-transient storage of
boats less than 30 feet in length, provided adequate boat
launching/retrieval facilities and in-water staging floats are provided.
Policy 8.7.12 Preference should first be given to water-dependent uses, then to
water-related and water-enjoyment uses.
C. Development Regulations
DR-8.7.1 The following uses shall be prohibited at marinas:
a. Floating buildings, except that floating shelters for boats may be
allowed in a marina for community and/or youth boating
programs operated by nonprofit organization or public agencies.
DR-8.7.2 Marina expansions, new mooring buoy fields, and new marinas, shall
be located, designed, constructed, and operated so as to minimize
impacts to shoreline resources and adjacent residential property
owners, as well as adjacent shoreline or water uses. To this end,
applications for such facilities must demonstrate conformance with the
following criteria. The proposal shall:
a. Locate with regard to favorable conditions related to wind,
current, bathymetrics, and for overnight moorage facilities,
adequate flushing action.
b. Comply with all federal, state, regional, and local requirements
regarding water quality, including, but not limited to,
Department of Health standards and environmental policies and
regulations contained in Chapter 6, Environmental Protection
General Regulations.
c. Provide for adequate upland support facilities (e.g., restrooms,
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dumpsters, etc.)
d. Provide accessory parking and loading areas - said facilities shall
be located well away from the water's edge and shall be designed
in accordance with Section 8.9, Parking Facilities.
e. Facilitate orderly launching, retrieval, and storage of boats as
well as circulation of vehicles and pedestrians in the vicinity of
the marina.
f. Marinas shall make provisions to minimize the probability of
fuel spills during handling or storage.
g. Make provisions to handle accidental spills that do occur.
h. Except for mooring buoy fields, provide pump-out and on-shore
sewage and waste disposal facilities, with or without charge.
i. Ensure that navigation rights are protected.
j. Demonstrate compliance with mitigation sequencing techniques.
When impacts cannot be avoided, impacts must be mitigated to
assure no-net-loss of ecological function necessary to sustain
shoreline resources.
DR-8.7.3 Marina development shall comply with all applicable local, state, and
federal regulations and requirements, including those of the
Washington State Department of Fish and Wildlife.
DR-8.7.4 Placement of breakwaters, jetties, groins, bulkheads, and landfills, and
dredging activities associated with marina construction shall comply
with regulations contained in this Master Program pertaining to those
activities.
DR-8.7.5 Marinas shall provide parking facilities adequate to meet demand/need
analysis projections.
DR-8.7.6 Marinas shall be supplied with restroom and solid waste receptacles to
accommodate marina users, and shall have facilities and established
procedures for the discharge of solid waste or sewage, other than
discharge into the water.
DR-8.7.7 Marinas shall have facilities and established procedures for the
disposal or discarding of fish or shellfish cleaning waste, scrapfish,
viscera, or unused bait in or near the marina.
DR-8.7.8 Marinas shall have facilities and established procedures for the
containment and recovery of spilled petroleum or toxic projects.
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DR-8.7.9 Marinas shall provide view points and regulated pedestrian access
areas which will allow the public to view marina activity.
DR-8.7.10 Marinas shall provide pump-out, holding and/or treatment facilities for
sewage contained on boats or vessels.
DR-8.7.11 Marinas shall implement a landscaping plan which addresses impacts
on adjacent properties, views from upland areas, and topography of the
area.
DR-8.7.12 Accessory uses at marinas shall be limited to those uses that are water-
dependent or directly serve needs of marina users and shall comply
with the regulations contained in the Master Program pertaining to
those activities.
DR-8.7.13 Over-the-water parking facilities are prohibited.
DR-8.7.14 Space for transient moorage shall be encouraged.
DR-8.7.15 Applicants for new marinas and marina expansions must demonstrate
the following:
a. The proposed design will meet the State Water Quality
Standards.
b. The proposed design will minimize significant interference with
geohydraulic processes and disruption of existing shore forms;
c. The proposed design will minimize impediments to fish
migration;
d. The proposed facility will not impact shellfish or finfish habitat,
including spawning, feeding and rearing areas, unless mitigation
consistent with the requirements of the mitigation element of the
Revised Integrated Fidalgo Bay Plan & EIS, 2000 has been
provided.
DR-8.7.16 Marina construction shall conform to the tabular requirements
established in Table 5.2 except as provided below:
a. Structures for upland boat storage shall comply with height, bulk
and setback requirements for buildings in the underlying zone.
DR-8.7.17 Viewpoints and public access to new and expanded marina areas shall
be included in marina plan and design, particularly where water-
enjoyment uses are associated.
Page 125
8.8 Mining
A. Introduction
Mining is the removal and primary processing of naturally occurring materials from the
earth for economic use. For purposes of this Master Program, "processing" includes
screening, crushing, and stockpiling of materials removed from the site. Mining
activities also include in-water dredging activities related to mineral extraction.
Processing does not include general manufacturing, such as the manufacture of concrete.
Removal of intertidal/subtidal bottom materials for beach nourishment purposes or
habitat restoration purposes is not to be considered mining.
B. Policies
Policy 8.8.1 Ensure that all mining activities occur in appropriately designated
areas outside of the Anacortes shoreline jurisdiction.
C. Development Regulations
DR-8.8.1 Mining in all shoreline areas is prohibited.
8.9 Parking Facilities
A. Introduction
Parking is the use of land for storage of motor vehicles, motorized equipment, or
accessory units, such as trailers. Land used for this purpose is leveled, cleared, and often
covered with an impermeable surface. Parking includes areas for scenic vista parking.
B. Policies
Policy 8.9.1 Encourage offsite parking with shuttle parking service.
Policy 8.9.2 Design and place parking facilities as far as practicable from the
water's edge.
Policy 8.9.3 Ensure that parking facilities are adequate to serve the level of demand
anticipated by the associated use.
Policy 8.9.4 Minimize impacts from parking facilities in shoreline areas including
those related to stormwater runoff, water quality, visual qualities,
public access, and vegetation and habitat maintenance, through
appropriate location and design.
C. Development Regulations
Parking for specific land use activities within the City of Anacortes is subject to the
requirements and standards set forth in the Anacortes Zoning Code, in addition to the
regulations of this section.
Page 126
DR-8.9.1 Parking in shoreline areas must directly serve an approved shoreline
use.
DR-8.9.2 Parking as a principal use (i.e., not accessory to an authorized use) is
prohibited, except when provided as part of a public scenic vista.
DR-8.9.3 Parking shall comply with the following design standards as applicable
(e.g., items a, b, e and f would not apply to over-water ferry terminal
parking):
a. Parking shall be located on the landward side of the development
unless contained within a permitted structure.
b. Where there is no existing structure, parking shall extend no
closer to the shoreline than a permitted structure.
c. The design and construction of parking facilities shall assure that
surface water runoff will not pollute adjacent waters or cause soil
or beach erosion. Oil separators and detention facilities shall be
required for new parking facilities. Alternatives to conventional
storm water treatment, such as use of pervious materials, shall be
considered where appropriate in order to minimize impacts due
to runoff and/or the need for storm water treatment.
d. Security lighting associated with parking facilities shall be
beamed, hooded, or directed so as to not cause nuisance glare.
e. Parking facilities shall be separated from residential, recreation,
and natural areas (e.g., the shoreline) by landscaping and/or
screening in accordance with the Parking Facilities Landscaping
requirements of the Anacortes Municipal Code, Title 17). The
landscaping shall, preferably, consist of native vegetation. The
requirement for screening may be waived or modified by the
Shoreline Administrator, where screening would obstruct a
significant view from public property or public roadway or to
address public safety concerns.
f. All landscaping must be maintained in a neat and orderly
manner. In no event shall such landscape areas be used for the
storage of materials or parking of automobiles, or recreational or
other vehicles.
g. Vista parking facilities shall include a significant public view
and provide recreational opportunities such as picnic tables or
viewing benches.
Page 127
8.10 Recreational Facilities
A. Introduction
Recreational development provides opportunities for play, sports, relaxation, amusement,
or contemplation. It includes facilities for passive recreational activities, such as hiking,
photography, viewing, and fishing. It also includes facilities for active or more intensive
uses such as parks, campgrounds, public and private marinas, and golf courses. This
section applies to both publicly- and privately-owned shoreline facilities intended for use
by the public or a private club, group, association, or individual. Commercial
recreational development must be consistent with the provisions of this section and the
provisions of Section 8.5 for commercial uses.
This Master Program gives priority to recreational development that is primarily related
to access to, enjoyment of, and use of the water and shorelines of the state as reflected in
the Table 5.1 Shoreline Use and Modification Matrix.
B. Policies
Policy 8.10.1 Encourage the coordination of local, state, and federal recreation
planning so as to mutually address recreational needs. Shoreline
recreational developments should be consistent with all adopted park,
recreation, and open space plans.
Policy 8.10.2 Encourage the linkage of shoreline parks, recreation areas, and public
access points in a linear system, such as hiking paths, bicycle paths,
and scenic drives.
Policy 8.10.3 Locate and design recreational developments in a manner that
preserves, enhances, or creates scenic views and vistas.
Policy 8.10.4 Locate and design recreational facilities to minimize adverse impacts
including those related to stormwater runoff, water quality, visual
qualities, public access, and vegetation and habitat maintenance.
Policy 8.10.5 Encourage physical and visual access to shorelines and surface waters.
Policy 8.10.6 Prevent concentration of clutter and leave the beaches and tidelands in
their natural state by locating camping and overnight recreation sites in
upland areas. Park design and operation should deal with the impact
such activities have not only within park boundaries but on adjacent
properties and communities as well.
Policy 8.10.7 Prohibit use of recreational off-road vehicles within the shoreline area,
except by public agencies for maintenance, operations and emergency
services.
Policy 8.10.8 Location, design and operation of recreational facilities shall be
Page 128
consistent with the purpose of environment designations in which they
are allowed.
Policy 8.10.9 Recreational development shall achieve no net loss of ecological
processes and functions.
C. Development Regulations
DR-8.10.1 Table 5.1 generally identifies allowed and prohibited recreation
developments by environment designation. In addition, the following
recreational uses and developments are prohibited:
a. Use of recreational off-road vehicles in shoreline areas, except
by public agencies for maintenance, operations and emergency
services;
DR-8.10.2 Recreational facilities shall make adequate provisions for:
a. Vehicular and pedestrian access, both on-site and off-site;
b. Vehicular traffic, both inside and outside the facility;
c. Vehicular parking;
d. Water supply, sewage disposal, and garbage collection;
e. The control of fires both within recreational facilities and
between recreational facilities and adjacent private or public
lands;
f. The prevention of overflows and trespasses onto adjacent
properties;
g. Screening, planting strips, fences, and signs to prevent park
overflow and to protect the value and enjoyment of adjacent or
nearby private or public properties;
h. Enforcement of laws and regulations associated with use of the
facilities being proposed;
i. Security; and
j. Maintenance.
DR-8.10.3 Valuable shoreline resources and fragile or unique areas, such as
wetlands and accretion shore forms, shall be used only for non-
intensive recreation activities.
DR-8.10.4 Waterward of the ordinary high water mark, no recreational buildings
Page 129
or structures shall be built, except water-dependent and/or water-
enjoyment structures as follows: docks, bridges, piers, public boat
launches, marinas, and viewing platforms.
DR-8.10.5 For recreation developments, such as playing fields that require the use
of fertilizers, pesticides, or other chemicals, the applicant shall submit
plans demonstrating the methods to be used to prevent these chemical
applications and resultant leachate from entering adjacent water bodies
and wetlands. Natural vegetation planting strips shall be required
between the shoreline waters and recreation developments that use
fertilizers, pesticides, or other chemicals. The planting strips shall not
be less than fifty (50) feet wide, measured on a horizontal plane,
perpendicular to the edge of the ordinary high water mark. The
proponent shall also be required to leave a chemical-free swath at least
one hundred (100) feet in width next to waterbodies and wetlands.
DR-8.10.6 Encourage recreational facilities to provide signage and enforce
regulations that prohibit tree cutting and limit the taking of marine life,
driftwood, and the like.
DR-8.10.7 Signs associated with recreational facilities shall be kept to a minimum
in number and size and shall be erected as informational or directional
aids only.
8.11 Residential Development
A. Introduction
Residential development refers to one or more buildings, structures, lots, parcels, or
portions of parcels that are used or intended to be used to provide a dwelling for human
beings. Residential development includes single-family residences, duplexes, other
detached dwellings, multifamily residences, apartments, townhouses, mobile home parks,
group housing, condominiums, subdivisions, planned unit developments, and short
subdivisions. Residential development also includes accessory uses and structures such
as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences,
cabanas, and saunas, but not guest cottages, when allowed by the underlying zoning.
Residential development does not include hotels, motels, or camping facilities. Bed and
Breakfast establishments proposed within a Residential zoning district are required to
meet the policies and regulations for both Residential and Commercial use.
Note: A Substantial Development Permit may not be required for construction of a
single-family residence by an owner, lessee, or contract purchaser for his own use or the
use of his family. However, such construction and all normal appurtenant structures must
otherwise conform to this Master Program and obtain a Letter of Exemption. In addition,
when applicable, all residential development is subject to the variance and conditional
use requirements of this Master Program. For example, a Variance will be required for
any residential development that proposes to locate within the shoreline environment
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setbacks established in Chapter 5 of this Master Program.
Uses and facilities associated with residential development, which are identified as
separate use activities or modifications in this Master Program, such as clearing, grading
and fill, are subject to the regulations established for those uses in addition to this section.
B. Policies
Policy 8.11.1 Single-family residences are identified as a priority use only when
developed in a manner consistent with control of pollution and
prevention of damage to the natural environment.
Policy 8.11.2 No net loss of ecological functions must be assured with specific
standards for setback of structures sufficient to avoid problems with
future soil stabilization, planted areas, density, shoreline stabilization,
and on-site sewage disposal.
Policy 8.11.3 Prohibit residential structures, floating homes (except that floating
shelters for boats may be allowed in a marina for community and/or
youth boating programs operated by nonprofit organization or public
agencies), and accessory structures except for permitted docks in areas
waterward of the ordinary high water mark, or within wetlands, habitat
conservation areas, flood hazard areas, landslide hazard areas or their
respective buffers.
Policy 8.11.4 Ensure that all residential development is designed:
a. At a level of density of site coverage and occupancy compatible
with the physical capabilities of the shoreline area, and consistent
with the density provisions of the Anacortes Comprehensive Plan
Ordinance No. 2757 and Zoning Code Ordinance No. 2702, as
amended.
b. To preserve and enhance existing shoreline vegetation, control
erosion and protect water quality, ecological resources and
shoreline aesthetics of the shoreline both during and after
construction.
c. To protect public views and provide public access to the
shoreline. In accordance with the Public Access requirements in
Chapter 7, residential developments of more than four (4)
dwelling units should provide dedicated and improved public
access to the shoreline.
d. To preserve natural drainage courses, aquifer recharge areas, and
similar ecologically sensitive areas.
e. Private views of the shoreline, although considered during the
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review process, are not expressly protected. Property owners
concerned with the protection of views from private property are
encouraged to obtain view easements, purchase intervening
property and/or seek other similar private means of minimizing
view obstruction. Residential structures greater than thirty-five
feet above average grade level are prohibited, except for a multi-
use project containing multi-family residential.
f. To blend into the site as much as possible.
Policy 8.11.5 Consider additional design features for new subdivision and short
subdivisions that:
a. Cluster dwelling units in order to preserve natural features,
minimize physical impacts, and provide for public access to the
shoreline.
b. Maintain usable waterfront areas for the common use of all
property owners within the development.
c. Are serviced by sanitary sewer and public water facilities in
accordance with appropriate state and local health regulations.
Storm drainage facilities shall be separate, not combined with
sewage disposal systems.
d. Assures that the lots created will not require shoreline
stabilization other than soft armoring in order for reasonable use
to occur.
Policy 8.11.6 Encourage joint use of shoreline facilities including access stairs,
trams, piers, and docks.
Policy 8.11.7 Planned unit residential developments which provide for additional
open space and public shoreline access are encouraged.
Policy 8.11.8 Subdivisions and high density residential developments are to be
planned and designed to avoid problems of storm and sanitary sewage
disposal, and minimize impervious surfaces.
C. Development Regulations
DR-8.11.1 Clearing and grading associated with a single-family residence may be
exempted from the Shoreline Substantial Development Permit
requirement, provided the conditions identified in Section 2.4(E)(7)
are met.
DR-8.11.2 Residential and accessory structures, including floating homes (except
that floating shelters for boats may be allowed in a marina for
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community and/or youth boating programs operated by nonprofit
organization or public agencies), but not including permitted piers,
docks, or floats, shall not be located in areas waterward of the ordinary
high water mark, areas subject to flooding or tidal inundation, or
within wetlands, habitat conservation areas, flood hazard areas,
landslide hazard areas or their respective buffers.
DR-8.11.3 Residential development shall be:
a. Located and designed to avoid the need for structural shore
defense and flood protection works in the foreseeable future.
b. Designed to minimize potential conflicts with the use of adjacent
public lands and areas of public access. This may include
providing a physical separation to reinforce the distinction
between public and private space, achieved by providing
adequate space, through screening with landscape planting or
fences, or other means.
DR-8.11.4 Subdivisions:
a. Shall comply with local plans, codes, and/ordinances
b. Shall be designed to exemplify the definition and policy of the
applicable shoreline designation as well as the environmental and
physical capabilities of the subject site. Parcels shall not be
created for residential construction that would require shoreline
stabilization for the foreseeable future.
c. Shall be prohibited if flood control or shoreline protection
measures are necessary to create a residential lot or site area.
d. May be required to cluster residential units and structures to
avoid wetlands, habitat conservation areas or landslide hazards
that are located on the development site.
e. Shall be designed to minimize potential conflicts with the use of
adjacent public lands and areas of public access. This may
include providing a physical separation to reinforce the
distinction between public and private space, achieved by
providing adequate space, through screening with landscape
planting or fences, or other means.
f. Shall comply with the applicable policies and performance
standards of this Master Program, with regard to roads, utilities,
and other improvements.
g. Plats that preclude or reduce the need for roadways are
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encouraged.
h. New subdivided lots shall be designed to prevent the loss of
ecological functions at full build-out; shall prevent the need for
new shoreline stabilization or flood hazard reduction measures;
and shall be consistent with applicable SMP environment
designations and standards.
Public Access
DR-8.11.5 Public access to publicly owned shorelines shall be maintained.
DR-8.11.6 Public access improvements shall be designed to include measures to
prevent overflow usage from common and public areas upon privately
owned shore lands and uplands. Appropriate measures may include
fences or landscaping.
DR-8.11.7 Developments of more than four (4) dwelling units adjacent to the
waterfront shall dedicate, improve, and provide maintenance
provisions for a pedestrian easement that provides area sufficient to
ensure usable access to the shoreline for all residents of the
development and the general public. When required, public access
easements shall be a minimum of twenty-five (25) feet in width and
shall comply with the public access standards contained in this Master
Program (see &KDSWHU³6KRUHOLQH3XEOLF$FFHVV´).
DR-8.11.8 New construction or expansion of existing piers, bulkheads or fills to
provide for over-water residential development is prohibited.
DR-8.11.9 Single-family subdivisions and multi-family residences on waterfront
property shall provide for regulated public access to the water or to
water view sites.
DR-8.11.10 Liveaboards are restricted to marinas with facilities adequate to
accommodate them.
Environmental Protection
In addition to all relevant provisions of Chapter 6, residential development shall comply
with the following standards:
DR-8.11.11 Engineered storm drainage and treatment facilities shall be required by
the City for proposals of five (5) or more dwellings. Drainage
facilities shall be separate from sewage disposal facilities. Drainage
systems shall include provisions to prevent the direct entry of
uncontrolled and untreated surface water runoff into receiving waters.
Such provisions may include retention ponds, vaults, vegetated swales,
and artificial wetlands.
Page 134
DR-8.11.12 Developments containing wetlands shall use those areas only in
association with parks, open space, or passive recreational facilities.
Such use shall be consistent with the shoreline-specific Critical Areas
Regulations found in Appendix A.
DR-8.11.13 Alteration of topography for building sites, access roads, and utilities
shall be conducted in compliance with the applicable policies and
performance standards of this Master Program.
DR-8.11.14 Sewage disposal systems shall not be located within wetlands, habitat
conservation areas, landslide hazard areas, or their buffers, or in the
floodplain.
8.12 Scientific, Cultural and Educational Facilities
A. Introduction
Scientific, cultural and educational facilities include those sites, structures, or facilities
that provide unique insight into our natural or cultural heritage.
B. Policies
Policy 8.12.1 Consider permanently preserving sites, where practicable, consistent
with constitutional and statutory limitations, for scientific study and
public observation.
Policy 8.12.2 Provide for site inspections and an evaluation by a professional
archaeologist in coordination with affected Indian tribes. Ensure that
archaeological data is properly salvaged by attaching special
conditions to development activities in areas known to contain
archaeological data.
Policy 8.12.3 Prevent public or private developments from destroying or
destructively altering potential or recognizable sites having historic,
cultural, scientific, or educational value protected by state law
wherever feasible, consistent with constitutional and statutory
limitations.
Policy 8.12.4 Ensure that excavation activities are conducted in compliance with the
applicable policies and standards of this Master Program.
Policy 8.12.5 An inventory of historical and archeological sites should be prepared
and referred to when reviewing plans for development in shoreline
areas.
Policy 8.12.6 If, in the course of construction on shorelines, items of possible
archeological significance are uncovered, the contractor shall notify
the City of the find, and stop work which could damage such items, or
Page 135
protect the items from damage, until appropriate evaluations and
actions can be carried out.
C. Development Regulations
DR-8.12.1 No development or substantial development shall be undertaken with
regard to a site or structure that has probable historical, scientific, or
archaeological significance until an evaluation of the site or structure
has been made by an authority judged competent in such matters by
the Shoreline Administrator.
DR-8.12.2 All feasible means shall be employed to ensure that data, structures,
and sites having historical, scientific, educational, or archaeological
significance are extracted, preserved, or used in a manner
commensurate with their importance.
DR-8.12.3 Consistent with constitutional and statutory limitations, public and
private developments shall be located and designed to prevent
destruction and alteration of sites having significant historic, cultural,
scientific, or educational value.
DR-8.12.4 All shoreline permits shall contain provisions that require developers
to immediately stop work if cultural resources protected by state law
are uncovered during excavation. In such cases, the developer shall
provide for site inspection and evaluation by a professional
archaeologist.
DR-8.12.5 The establishment, restoration, or revitalization of historical,
archaeological, scientific, or educational facilities shall be done in
such a manner that would cause minimal disturbance to adjacent
properties as well as natural features of the shoreline.
DR-8.12.6 Excavation of Indian artifacts shall be conducted in compliance with
the Washington State Archaeological Sites and Resources Act (RCW
27.53).
DR-8.12.7 Excavation activities shall be conducted in compliance with the
applicable policies and standards of this Master Program.
DR-8.12.8 Archeological and historic site development is permitted as a
conditional use in shoreline areas designated Natural subject to
relevant shoreline regulations.
DR-8.12.9 Such developments which are intended for commercial purposes shall
comply with policies and regulations for Commercial Development.
DR-8.12.10 Evaluations of archeological finds protected by state law shall be done
promptly by a qualified archeologist and shall be done so as to avoid
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excessive delays to construction.
DR-8.12.11 All permits issued in areas documented to contain archaeological
resources require a site inspection or evaluation by a professional
archaeologist in coordination with affected Indian Tribes.
8.13 Transportation Facilities
A. Introduction
Transportation facilities are those structures and developments that aid in land and water
surface movement of people, goods, and services. They include roads and highways,
bridges and causeways, ferry terminals, railroad facilities, boat and floatplane terminals,
and parking. Under this Master Program, bikeways, walkways and trails are addressed
XQGHU6HFWLRQ³5HFUHDWLRQDO)DFLOLWLHV´
B. Policies
Policy 8.13.1 Proposed transportation and parking facilities are required to plan,
locate, and be designed where routes will have the least possible
adverse effect on unique or fragile shoreline features, and will not
result in a net loss of shoreline ecological functions or adversely
impact existing or planned water-dependent uses.
Policy 8.13.2 Circulation system plans must include systems for pedestrian, bicycle,
and public transportation where appropriate.
Policy 8.13.3 Parking shall be allowed only as necessary to support an authorized
shoreline use and where it minimizes environmental and visual
impacts of the parking facilities.
Policy 8.13.4 Discourage the location of new roads in the shoreline jurisdiction.
Policy 8.13.5 Reserve new roads for local access traffic or to connect to and serve
new or existing transportation facilities.
Policy 8.13.6 Avoid unnecessary duplication of roads by making use of existing
roads where practicable. New wetland crossings by roads or trails
should be avoided.
Policy 8.13.7 Plan road locations to fit the topography so alterations of natural
conditions will be minimized.
Policy 8.13.8 Make provisions for scenic corridors and safe pedestrian and other
non-motorized travel when designing new public roadways. Also,
provisions should be made for viewpoints, rest areas, scenic corridors,
and picnic areas in public shorelines.
Policy 8.13.9 Coordinate plans for transportation facilities with land use. Plans for
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transportation facilities should be consistent with the Anacortes
Comprehensive Plan.
Policy 8.13.10 Road and railway development should be located as far inland from
the land/water interface as feasible and should not interfere with other
appropriate shoreline uses, or degrade shoreline areas.
Policy 8.13.11 Design of roadways on shoreline areas should take advantage of scenic
vistas and provide for viewpoints and rest and picnic sites in public
areas.
Policy 8.13.12 Design of new roadways or redesigned roadways shall use Low Impact
Development provisions when practicable.
C. Development Regulations
DR-8.13.1 When practicable, major highways and railroads shall be located away
from shoreline areas.
DR-8.13.2 Whenever possible, roads shall be located on natural benches, ridge
tops, or other areas where alteration of natural features such as soils
will be minimal.
DR-8.13.3 Roads shall be located to avoid critical areas and their buffers. Fill for
transportation facility development is prohibited in water bodies,
associated wetlands and their buffers, except when there is a
demonstrated purpose and need, and alternatives to accomplish the
same purpose have been shown to be infeasible. Such fill may be
permitted by a Conditional Use Permit and must comply with the
provisions of Section 9.7, Fill.
DR-8.13.4 Roads and waterway crossings shall be prohibited within wetlands or
critical fish and wildlife conservation areas and associated buffers
except when all upland alternatives have been proven impracticable
and the transportation facilities are necessary to support uses
consistent with this program. When permitted, these facilities shall be:
a. The minimum width to accommodate the anticipated use.
b. Designed so the integrity of the naturally occurring geohydraulic
process is maintained.
c. Designed to provide minimal disturbance to banks.
DR-8.13.5 Culverts, bridges and similar devices shall be designed to pass water,
sediment, and debris loads anticipated under appropriate hydraulic
analysis and shall not impede the migration of anadromous fish.
DR-8.13.6 All roads and drainage systems shall be maintained to prevent erosion
Page 138
and/or water quality degradation.
DR-8.13.7 Mechanical apparatus or hand removal, rather than chemicals, shall be
used for brush clearing maintenance wherever practicable.
DR-8.13.8 Herbicides used for maintenance along roads and drainage systems
shall follow the performance standard outlined in Section 6.4.
DR-8.13.9 To the greatest extent practicable, organic, nontoxic, methods and
BMPs should be utilized for maintenance along roads and drainage
systems in the vicinity of critical fish and wildlife habitats.
DR-8.13.10 Street vacations shall comply with applicable state laws, including
statutory provisions relating to vacations of right of way which abut a
body of salt or fresh water.
DR-8.13.11 Limited food and retail service may be allowed as an accessory use
within the waiting area of a publicly owned and operated ferry
terminal. Said facilities shall be limited in size to serve passengers and
employees.
Roads and Railroads
DR-8.13.12 New railroad and road developments, to the extent consistent with
public safety, may be required to provide public access opportunities,
and to maintain existing pedestrian access to shorelines.
DR-8.13.13 Road and railroad development shall be coordinated with the various
governing bodies, and where possible, development shall be designed
to accommodate varied modes of transportation.
DR-8.13.14 Design of roadways on shorelines shall provide for pedestrian and
bicycle routes.
8.14 Utilities (Primary)
A. Introduction
Utilities are services and facilities that produce, transmit, carry, store, process, or dispose
of electric power, water, sewage, communications, oil, gas, stormwater, and the like. The
provisions in this section apply to primary use and activities such as sewage treatment
plants, sewer lift pumps, stormwater outfalls and fuel storage facilities. On-site utility
features serving a primary use, such as water, sewer or gas line to a residence, are
"accessory utilities" and shall be reviewed as appurtenances to the primary use (in this
example, the residential use).
Utilities are further described as major and minor to allow for a simplified permit process
for minor utility improvements. As used in this Master Program, major utilities include
substations, pump stations, treatment plants, sanitary sewer outfalls, regional stormwater
Page 139
outfalls, electrical transmission lines greater than 55,000 volts, water, sewer or storm
drainage mains greater than eight (8) inches in diameter, major recycling facilities (as
defined by the AMC), gas and petroleum transmission lines, macro wireless facilities,
and submarine telecommunications cables. Minor utilities include local public water,
minor storm sewer outfalls, electric, minor recycling facilities (as defined by the AMC),
natural gas distribution, public sewer collection, cable and telephone service, micro and
mini wireless facilities, and appurtenances.
B. Policies
Policy 8.14.1 Design, location and maintenance of utilities is required to assure no
net loss of ecological functions.
Policy 8.14.2 Utilities are required to be located in existing rights-of-ways whenever
possible.
Policy 8.14.3 Utility production and processing facilities and transmission facilities
are required to be located outside of shoreline jurisdiction, unless no
other feasible option exists.
Policy 8.14.4 Incorporate, to the extent feasible, major utility corridors on shorelines
DUHDVLQWRWKH&LW\¶VSURJUDPVDQGSODQVIRUSXEOLFDFFHVVWRDQGDORQJ
water bodies.
Policy 8.14.5 Prohibit solid waste disposal activities and facilities, other than minor
recycling facilities as defined by the AMC, in shoreline areas.
Policy 8.14.6 Prohibit utilities in wetlands and other critical areas unless no other
practicable alternative exists.
Policy 8.14.7 Ensure that whenever utilities must be placed in a shoreline area, the
location is chosen to:
a. Meet the needs of future populations in areas planned to
accommodate this growth.
b. Utilize existing transportation and utility sites, rights-of-way and
corridors, whenever possible. Joint use of rights-of-way and
corridors should be encouraged.
c. Preserve scenic views and aesthetic qualities of the shoreline
area.
d. Be located such that shoreline defense works will not be required
for the life of the project.
e. Non-water-oriented parts of wastewater treatment, water
reclamation, desalinization, and power plant facilities shall be
located outside shoreline jurisdiction unless it can be
Page 140
demonstrated that no other feasible option is available.
Policy 8.14.8 Restore the land/substrate to its pre-project configuration upon
completion of installation/maintenance of utilities in shorelines,
Disturbed areas should be replanted with native species, and be
provided with irrigation and maintenance care until the newly planted
vegetation is established.
Policy 18.14.9 Placement of utilities in shoreline areas should be planned and
designed to avoid degradation of the shorelines and shoreline views
during and after installation.
C. Development Regulations
General
DR-8.14.1 Utility development shall, through coordination with local government
agencies, provide for compatible, multiple uses of sites and rights-of-
way.
DR-8.14.2 Utilities shall be designed and installed to meet future needs when
possible.
DR-8.14.3 Personal wireless facilities shall comply with the CiW\¶V³:LUHOHVV
Communications Towers and Antennas´RUGLQDQFHFRGLILHGLQ&KDSWHU
17 of the Anacortes Municipal Code.
Uses
DR-8.14.4 The following utilities are prohibited within the shoreline jurisdiction:
a. Solid waste disposal and transfer facilities, other than minor
recycling facilities as defined by the AMC
b. Fuel storage facilities (excepting fuel storage that is accessory to
a permitted use).
c. Use of creosote or pentachlorophenol treated timber is
prohibited.
DR-8.14.5 Minor utilities are allowed as a permitted use provided that, within the
Natural and Conservancy designations, it has been determined that no
other feasible alternative exists
DR-8.14.6 Upgrades to existing major utilities are permitted.
DR-8.14.7 The following new major utility facilities may be permitted in
shoreline jurisdiction if it can be shown that no practicable alternative
exists outside of shoreline jurisdiction.
Page 141
a. Electrical energy generating plants, substations, and transmission
lines greater than 55,000 volts;
b. Sanitary sewer outfalls;
c. Sewage system mains, interceptors, pump stations, and treatment
plants;
d. Storm drainage mains and regional outfalls;
e. Submarine telecommunications cables; and
f. Water lines and water system treatment plants.
DR-8.14.8 All impacts to fish and wildlife resources shall be fully mitigated.
Applications
DR-8.14.9 Applications for the installation of major utility facilities shall include
the following:
a. Description of the proposed facilities;
b. Reasons why the utility facility requires a shoreline location;
c. Alternative locations considered and reasons for their
elimination;
d. Location of other utility facilities in the vicinity of the proposed
project and any plans to include the other types of utilities in the
project;
e. Plans for reclamation of areas disturbed both during construction
and following decommissioning and/or completion of the useful
life of the utility;
f. Plans for control of erosion and turbidity during construction and
operation; and
g. Identification of any possibility for locating the proposed facility
at another existing utility facility site or within an existing utility
right-of-way.
Location
DR-8.14.10 Utilities shall be located adjacent to or within existing utility or
circulation easements or rights-of-way whenever feasible. Joint use of
rights-of-way and corridors is encouraged.
DR-8.14.11 Sewage treatment, water reclamation, desalinization, and power plants
Page 142
shall be located to minimize interference with adjacent uses of the
water and shore lands.
Public Access
DR-8.14.12 When feasible, utility development shall include public access to the
shoreline, trail systems, and other forms of recreation, providing such
uses will not unduly interfere with utility operations, or endanger the
public health, safety, and welfare. Public access easements shall be a
minimum of twenty-five (25) feet in width and shall comply with the
public access standards contained in this Master Program (see Chapter
³3XEOLF$FFHVV´).
Environmental Protection
In addition to the general environmental policies and regulations of Chapter 6, utilities
shall comply with the following standards:
DR-8.14.13 Utilities shall be located, designed, constructed, and operated so as to
assure no net loss of shoreline ecological functions, preserve the
natural landscape, and minimize conflicts with present and planned
land and shoreline uses.
DR-8.14.14 To protect aesthetic qualities of the shoreline, new utility lines
including electricity, communications, and fuel lines shall be located
underground, except where the presence of bedrock or other
obstructions make such placement infeasible.
DR-8.14.15 Utility developments shall be located and designed so as to avoid, to
the extent practicable, the need for any structural or artificial shoreline
modification works for the life of the project.
DR-8.14.16 Utilities should be avoided in floodplains to the greatest extent
practicable; if necessary, flood protection structures shall not increase
flood hazards in other areas along the waterbody.
DR-8.14.17 Underwater construction of utilities or construction in adjacent
wetlands shall be timed to avoid fish and wildlife migratory and
spawning periods.
DR-8.14.18 Installation of utilities shall assure the prevention of siltation or beach
erosion.
DR-8.14.19 Upon completion of installation/maintenance of utilities in shorelines,
the land/substrate shall be restored to its pre-project configuration,
replanted with native species as appropriate, and be provided with
maintenance care until the newly planted vegetation is established.
DR-8.14.20 When feasible, utilities within the shoreline area shall be placed
Page 143
underground, and utility corridors shall be used for shoreline access.
DR-8.14.21 Undergrounding of utilities across a water body shall comply with all
applicable local, state, and federal agency regulations and
requirements; a shoreline permit is required.
-
Page 144
CHAPTER 9 SPECIFIC SHORELINE
MODIFICATION POLICIES AND
DEVELOPMENT REGULATIONS
9.1 Introduction -- Applicability
9.2 General Policies and Regulations
9.3 Boat Launches
9.4 Breakwaters
9.5 Docks, Piers and Floats
9.6 Dredging and Dredge Spoil Disposal
9.7 Fills
9.8 Jetties and Groins
9.9 Mooring Buoys
9.10 Shoreline Habitat and Natural Systems Enhancement Projects
9.11 Shoreline Stabilization Measures and Flood Protection Works
9.1 Introduction - Applicability
What is a shoreline modification?
Shoreline modification activities are structures or actions that permanently change the
physical configuration or quality of the shoreline, particularly at the point where land and
water meet. Shoreline modifications include, but are not limited to, structures such as
dikes, breakwaters, weirs, dredge basins, fill, bulkheads and piers and actions such as
clearing, grading, and removing vegetation. Generally, shoreline modifications are
undertaken for the following reasons:
a. To prepare for a shoreline use;
b. To support an upland use; or
c. To provide shoreline stabilization or defense from erosion.
A single shoreline use may require several different shoreline modification activities. For
example, a new boat storage yard may require clearing and grading of the upland yard
and construction of a jetty and docks in the water.
Proposals for shoreline modifications are to be reviewed for compliance with the
applicable ³XVH´ policies and regulations in Chapter 8 and the applicable ³PRGLILFDWLRQ´
policies and regulations of this Chapter.
6KRUHOLQHPRGLILFDWLRQVOLVWHGDV³SURKLELWHG´DUHQRWHOLJLEOHIRUFRQVLGHUDWLRQDVD
Shoreline Variance. Deviations from the minimum performance standards may be
approved under a Shoreline Variance unless specifically stated otherwise.
Page 145
9.2 General Policies and Regulations
A. Policies applicable to all shoreline modifications
Policy 9.2.1 Locate and design all new development in a manner that prevents or
minimizes the need for shoreline modifications.
Policy 9.2.2 Regulate shoreline modifications to assure that the modifications
individually and cumulatively do not result in a net loss of ecological
functions. Mitigation may be required to meet the no net loss
standard.
Policy 9.2.3 Give preference to those types of shoreline modifications that have a
lesser impact on ecological functions and require mitigation of
identified impacts resulting from shoreline modifications.
Policy 9.2.4 Plan for the enhancement of impaired ecological functions where
feasible and appropriate while accommodating permitted uses.
Incorporate all feasible measures to protect ecological shoreline
functions and values and ecosystem-wide processes and values in the
placement and design of shoreline modifications. To avoid and reduce
ecological impacts, the mitigation sequence in WAC 173-26-201(2)(e)
should be followed.
Policy 9.2.5 Non-structural shoreline modifications are preferred over structural
modifications.
Policy 9.2.6 Where applicable, base provisions on scientific and technical
information and a comprehensive analysis of drift cells for marine
waters.
B. Regulations applicable to all shoreline modifications
DR-9.2.1 Shoreline modification activities that do not support a permitted
VKRUHOLQHXVHDUHFRQVLGHUHG³VSHFXODWLYH´DQGDUHSURKLELWHGE\WKLV
Master Program, unless it can be demonstrated, to the satisfaction of
the Shoreline Administrator that such activities are necessary and in
the public interest for the maintenance of shoreline environmental
resource values.
9.3 Boat Launches
Boat launches are slabs, pads, planks, rails, cranes or graded slopes used for launching
boats by means of a trailer, hand, or mechanical device.
A. Policies
Policy 9.3.1 Maintain, improve, and expand existing boat launch capacity for future
Page 146
Port, commercial, and recreational uses.
Policy 9.3.2 Install, maintain and rebuild boat launches in such a manner as to
minimize adverse affects on natural and physical shoreline resources.
B. Development Regulations
General
DR-9.3.1 Boat launches for Port, commercial, or public recreational uses may be
permitted in all shoreline environments except Natural. Boat launches
in the Conservancy and Shoreline Residential environments require a
Shoreline Conditional Use Permit.
DR-9.3.2 Launches associated with single-family residences for private use are
prohibited.
Design Standards
DR-9.3.3 Boat launches and ancillary facilities shall be located, designed,
constructed, and operated as to:
a. Minimize adverse affects of fish, shellfish, wildlife, water
quality, and existing geohydraulic shoreline and stream
processes. When impacts cannot be avoided, impacts must be
mitigated to assure no-net-loss of ecological function necessary
to sustain shoreline resources;
b. Be clearly separated from nearby swimming areas;
c. Provide adequate on-shore sewage and waste disposal facilities
and a means for effective operation; and
d. Be compatible with adjacent uses and avoid or mitigate aesthetic
impacts.
e. Ensure that navigation rights are protected.
f. Not impede the along shore flow of sand and gravel.
DR-9.3.4 Associated docks and floats shall conform to the applicable policies
and performance standards of this Master Program.
DR-9.3.5 Associated parking areas shall:
a. &RPSO\ZLWKWKH&LW\RI$QDFRUWHV¶3DUNLQJ&RGH
b. Provide adequate off-road parking and loading areas;
c. Facilitate orderly launching and retrieval of boats, as well as the
Page 147
movement of vehicles and trailers in the launching area;
d. Provide ample room for the handling and maneuvering of boat
trailers;
e. Be located at least 25 feet landward of the OHWM; and
f. Ensure that surface runoff does not pollute adjacent waters or
cause soil or beach erosion. Low Impact Development
provisions should be emphasized.
DR-9.3.6 Preferred ramp designs, in order of priority, are:
(1) Open grid designs with minimum coverage of beach substrate.
(2) Seasonal ramps that can be removed and stored upland.
(3) Structures with segmented pads and flexible connections that
leave space for natural beach substrate and can adapt to changes
in beach profile.
DR-9.3.7 Ramps shall be placed and maintained near flush with the foreshore
slope.
DR-9.3.8 Maintenance and repair of existing ramps shall minimize impacts to
shoreline areas.
9.4 Breakwaters
A. Introduction
Breakwaters are protective structures usually built offshore and aligned parallel to the
shore to protect development and uses associated with beaches, bluffs, dunes, moorages
and developed harbor areas from wave action. However, because offshore breakwaters
are costly to build, they are seldom constructed to protect natural features alone, but are
generally constructed for navigational purposes. Breakwaters can be either rigid or
floating and may be connected to the shore or not. Rigid breakwaters, which are usually
constructed of riprap or rock, have both beneficial and detrimental effects on the shore.
All breakwaters eliminate wave action and thus protect the shore or structures
LPPHGLDWHO\EHKLQGWKHP%UHDNZDWHUVDORQJ$QDFRUWHV¶VKRUHOLQHVDUHLQWHQGHG
primarily to protect waterfront industrial activity and recreational activity (pleasure boat
moorage).
The following policies are provided as a guide to future breakwater activity along
$QDFRUWHV¶VKRUHOLQH
B. Policies
Policy 9.4.1 Breakwaters should be allowed only where necessary to support water-
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dependent uses, public access, shoreline stabilization, or other specific
public purpose.
Policy 9.4.2 The availability for public use of the shoreline and water surface
should be a strong consideration in allowing future breakwater
construction.
Policy 9.4.3 Before a permit for breakwater construction can be issued, the
construction and subsequent maintenance phases must be identified.
Policy 9.4.4 Multiple use concepts are to be strongly encouraged in the
construction of both private and public breakwaters.
Policy 9.4.5 The design and construction of breakwaters shall address impacts to,
and protect, ecological functions and critical areas. Mitigation
sequencing and appropriate mitigation shall be required.
Policy 9.4.6 Breakwater design and construction should be such that disruption to
the movement of sand, circulation of water, and biological
communities are minimized and mitigated.
Policy 9.4.7 Floating breakwaters are preferred over traditional breakwater designs.
C. Regulations
DR 9.4.1 Breakwater design and construction should be such that alterations to
the movement of sand, circulation of water, and biological
communities are minimized and mitigated.
DR 9.4.2 Applications for breakwaters shall provide the following information:
a. Purpose of breakwater
b. Construction material
c. Method of construction
d. Direction of net long shore drift (when appropriate)
e. Seasonal wind data
The City shall require sufficient geotechnical, hydrological, and
biological studies to analyze the impacts of the proposal.
DR 9.4.3 Design considerations:
a. Breakwaters shall minimize alterations to shore sand and gravel
transport unless such impediment is found to be beneficial. The
effect of proposed breakwaters on sand movement shall be
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evaluated during permit review.
b. Breakwaters shall meet requirements of state and federal
agencies with jurisdiction over in-water construction.
c. New or expanded breakwaters shall be designed by a registered
civil engineer with expertise in such design.
d. Breakwaters shall be designed and constructed in a manner that
minimizes significant adverse impacts on water circulation and
aquatic life. The design shall also minimize impediments to
navigation and to visual access to the shoreline.
e. Floating breakwaters shall be preferred over solid breakwaters
where they can withstand anticipated wave action.
DR 9.4.4 A Conditional Use Permit shall be required for construction or
expansion of a breakwater, except for those structures installed to
protect or restore ecological functions.
DR 9.4.5 Breakwaters shall be allowed only for water-dependent uses, public
access, shoreline stabilization, or other specific public purpose.
DR 9.4.6 The design and construction of breakwaters shall address impacts to,
and protect, ecological functions and critical areas. Mitigation
sequencing and appropriate mitigation shall be required.
9.5 Docks, Piers and Floats
A. Policies
Policy 9.5.1 Limit docks, piers and floats to those required as part of a permitted
water-dependent use; those operated by the City, the Port of
Anacortes, Washington State Ferries, or those otherwise provided for
public use. As used here, a dock associated with a single-family
residence is a water-dependent use provided that it is designed and
intended as a facility for access to watercraft and otherwise complies
with the provisions of this section.
Policy 9.5.2 Limit docks, piers and floats associated with single-family residential
use to the single-family residences within Flounder Bay and Cap
Sante. Prohibit all other docks, piers and floats associated with single-
family residences.
Policy 9.5.3 Prohibit docks, piers and floats located outside of a permitted marina
to be used for permanent moorage of occupied boats (i.e., liveaboards).
Policy 9.5.4 Prohibit over water boathouses except that floating shelters for boats
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may be allowed in a marina for community and/or youth boating
programs operated by nonprofit organization or public agencies.
Policy 9.5.5 Ensure that docks, piers, and floats are:
a. Considered together with shoreline characteristics, tidal action,
aesthetics and adjacent land and water uses.
b. Discouraged at locations where critical physical limitations exist,
such as shallow, sloping bottoms; areas of frequent high wind,
wave, or current exposure; high littoral drift areas; or slide prone
and/or feeder bluffs.
c. Designed and maintained to mitigate adverse impacts to the
environment such as eelgrass beds and fish habitats shoreline
aesthetics and minimize interference with the public use of the
water.
d. Designed, constructed, and maintained to provide a reasonable
level of safety to users.
Policy 9.5.6 Encourage consideration of mooring buoys in place of piers, docks,
and floats.
Policy 9.5.7 Use of floating docks or open pile piers is preferred over solid
structures in order to minimize obstruction to currents and circulation
of marine life.
Policy 9.5.8 The cooperative use of piers and docks should be encouraged. New
residential development of two or more single-family dwellings should
provide joint use or community dock facilities.
Policy 9.5.9 Piers and docks should not be constructed so as to obstruct navigable
waters or to significantly reduce public use of the water surface.
Policy 9.5.10 Wood products treated with creosote or pentachlorophenol are
prohibited on all new structures or repair projects. Use of other treated
wood containing toxic compounds should only be used where non-
toxic materials are deemed impracticable.
Policy 9.5.11 Pier and dock construction should be restricted to the minimum size
necessary to meet the needs of the proposed water-dependent use.
B. Development Regulations
DR-9.5.1 The following dock, pier, and float developments are prohibited in the
shoreline jurisdiction:
a. Piers, docks, boat houses, and floats used for residential
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purposes. Boats that are occupied shall not be permitted to moor
at piers, docks, or floats longer than three (3) days unless pump-
out facilities are available.
b. Fill waterward of the ordinary high water mark or within a
wetland to accommodate a dock, pier, or float.
c. Docks, piers, and floats associated with the upland Natural
environment designation.
d. Docks, piers, and floats associated with single-family residences
locateGRXWVLGHRI)ORXQGHU%D\DORQJ%XUURZ¶V%D\DQG&DS
Sante.
e. Piers, docks, floats and other overwater structures associated
with multi-family uses serving less than five watercraft.
DR-9.5.2 Prior to granting a permit for a pier, dock or float, the effects of the
structure upon adjacent shoreline shall be determined, and disposition
of the permit by the City shall reflect such determination.
DR-9.5.3 Design and construction of all piers and docks (and floats) are required
to mitigate for impacts to ecological processes and functions.
DR-9.5.4 The design, location, and construction of docks, floats, and piers, as
well as their subsequent use and operation, shall:
a. Minimize adverse effects on fish, shellfish, wildlife, water
quality, and geohydraulic processes. Methods include, but are
not limited to: limiting the footprint of the structure to that which
is necessary to serve the intended water-dependent use and
minimizing the use of materials hazardous to the environment.
b. Be capable of withstanding expected environmental conditions.
c. Minimize hazards to users.
d. Minimize interference with adjacent water uses and navigation.
DR-9.5.5 All docks, piers and floats shall adhere to the following design
standards:
a. Railings, if provided, shall be of clear or open framework design
and conform to the Building Code where required.
b. Utility service on docks and piers shall be placed on or under the
deck. Overhead utility service is prohibited. Floodlighting shall
be shielded to prevent unnecessary glare.
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c. Appropriate marking shall be provided as necessary to avoid
hazardous conditions for water surface users.
d. Piers, docks and floats shall be constructed of materials that
comply with requirements of federal and state regulations.
Treated wood materials may be utilized on pilings in repair
projects for timber structures, provided the BMPs for the use of
Treated Wood in Aquatic and Sensitive Environments, Western
Wood Preservers Institute/Wood Preservation Canada/Southern
3UHVVXUH7UHDWHUV¶ Association/Timer Piling Council, are
specified and met. The conditions found in An Agreement
Concerning the Use of Treated Wood in Aquatic Areas between
Ecology and Department of State Fish & Wildlife dated August,
1995, also fulfill this requirement. However, use of treated wood
should be minimized wherever practicable.
DR-9.5.6 New piers and docks shall be allowed only for water-dependent uses
or public access.
DR-9.5.7 Water-related and water-enjoyment uses may be allowed as part of a
mixed-use development on over-water structures where they are
clearly auxiliary to and in support of water-dependent uses, provided
the minimum size requirement needed to meet the water-dependent
use is not violated.
DR-9.5.8 Upland boathouses shall meet the setbacks required for non-water-
dependent structures in the applicable shoreline designation.
DR-9.5.9 Docks, piers and floats shall not extend beyond the inner harbor line,
unless approved by WDNR.
DR-9.5.10 Piers and docks may be restricted in areas of substantial littoral drift or
significant historic/scenic values. In these areas open piling or floating
structures may be required.
DR-9.5.11 Pier and dock construction shall be restricted to the minimum size
necessary to meet the needs of the proposed water-dependent use. For
piers, docks and floats not associated with a single-family residence
(including joint-use dock shared by two residences), the applicant must
demonstrate that there is a specific need for the new or expanded pier,
dock or float. Dimensional requirements for the structure will be
based upon that need and the general criteria included in this section.
DR-9.5.12 When permitted, new residential development of more than two
dwellings is required to provide joint use or community docks, rather
than individual docks.
DR-9.5.13 The following requirements apply to new, expansion, and replacement
Page 153
piers, docks and floats associated with a single-family residence.
a. Pier width: 6 feet or less
b. Pier grating: Grating of the full pier surface area is required on
piers wider than 4 feet.
c.
Float dimensions: For a single-use residential structure, float width
may not exceed 8 feet and float length may not exceed 30 feet.
For a shared joint-use residential structure, float width may not
exceed 8 feet and float length may not exceed 60 feet.
d. Float grating: Floats 6 feet wide or less are required to contain at
least 30% functional grating. Floats wider than 6 feet are
required to contain at least 50% functional grating.
e. Float orientation: The float must be installed in a north-south
orientation to the maximum extent practicable.
DR-9.5.14 Repair± Repair proposals which replace only decking or decking
substructure and less than 50 percent of the existing piles subsections
shall be considered minor repairs and are permitted, consistent with all
other applicable codes and regulations. If cumulative repairs of an
existing pier or dock over three years would make a proposed repair
exceed the threshold established above, the repair proposal shall be
reviewed as a new pier or dock.
DR-9.5.15 New docks, piers, and floats associated with single-family residences
along Cap Sante shall be encouraged to use joint-use structures serving
at least two but no more than four waterfront lots.
9.6 Dredging and Dredge Spoil Disposal
A. Introduction
Dredging is the removal of material from the bottom of a stream, river, lake, bay or other
water body. The purposes of dredging might include: deepening a navigational channel,
berth, or basin; streambed maintenance; use of dredged material for fill or habitat
enhancement (effective reuse); and removal of contaminated sediments.
B. Policies
Policy 9.6.1 Dredging of navigable channels and berths and marina areas should be
permitted provided that it avoids or, if that is not practicable,
minimizes adverse effects on marine or freshwater habitat and
ecological function. Impacts that cannot be avoided should be
mitigated in a manner that assures no net loss of shoreline ecological
Page 154
functions.
Policy 9.6.2 Dredging of navigable channels, berths, marina areas, and effective
reuse of dredged materials should be consistent with this Master
Program and other City plans and regulations.
Policy 9.6.3 Disposal or deposition of dredged material in water areas should be
allowed when it is for the improvement of habitat or restoration of
ecological functions, or where the alternative of depositing material on
land is more detrimental to the shoreline resource than depositing it in
the water, or as approved by state agencies at an approved deep-water
disposal site.
Policy 9.6.4 Beneficial use of dredge material for environmental remediation
projects, ecological enhancement, and restoration should be
encouraged.
Policy 9.6.5 New development should be sited and designed to avoid or, if that is
not possible, to minimize the need for new and maintenance dredging.
Policy 9.6.6 Dredging for the purpose of establishing, expanding, or relocating or
reconfiguring navigation channels and basins should be allowed where
necessary for assuring safe and efficient accommodation of existing or
proposed navigational uses and then only when significant ecological
impacts are minimized and when mitigation is provided.
Policy 9.6.7 Maintenance dredging of established navigation channels and basins
should be restricted to maintaining previously dredged and/or existing
authorized location, depth, and width.
C. Development Regulations:
DR 9.6.1 Applications for dredging operations (non-maintenance) shall include
the following information:
a. Location, depth, width, and total volume of material to be
dredged;
b. Projected frequency and quantity of maintenance dredging;
c. Information on stability of bedlands adjacent to the proposed
dredge area;
d. Timing and method of dredging and dredged material disposal;
e. Dredged material disposal area (non ± PSDDA site): location,
size, capacity; methods of stabilization; hydrology of site;
f. Dredged materials; existing biological communities or resources
Page 155
in areas to be dredged, and the physical, chemical, and biological
makeup of the dredged materials;
g. Hydraulic analysis, including tidal flows and potential impacts
on ecological functions; and
h. Description of conformance with the no net loss standard for
ecological processes and functions, including impact avoidance
and minimization measures consistent with mitigation
sequencing principles, and a description of any necessary
mitigation.
DR 9.6.2 Dredging shall be permitted for the following purposes, dredging for
other purposes is prohibited:
a. To improve water quality or aquatic habitat;
b. To establish, expand, or relocate or reconfigure navigation
channels and basins where necessary for assuring safe and
efficient accommodation of existing or proposed navigational
uses, such as marinas and port/water-dependent industrial
development, and then only when significant ecological impacts
are minimized and when mitigation is provided.
c. To maintain previously dredged and/or existing authorized
location, depth, and width of established navigation channels and
basins.
d. To mitigate conditions that could endanger public safety;
e. To obtain fill material only when the fill material is necessary for
restoration of ecological functions and only when the fill is
placed waterward of the ordinary high water mark; and
f. To create or improve public recreational opportunities.
DR 9.6.3 Proposals for dredging and dredge spoil disposal, when permitted,
shall:
a. Be kept to the minimum necessary to accommodate the proposed
use.
b. Include all feasible mitigating measures to protect habitats and to
minimize adverse impacts such as turbidity, release of nutrients,
heavy metals, sulfides, organic materials, or toxic substances,
depletion of oxygen, disruption of food chains, loss of benthic
productivity, and disturbance of fish runs and important localized
biological communities;
Page 156
c. Be scheduled so as to not materially interfere with the migratory
movements of anadromous fish;
d. Utilize techniques that cause minimum dispersal and broadcast
of bottom material; hydraulic dredging shall be used wherever
feasible in preference to agitation dredging;
e. Not interfere with geohydraulic processes;
f. Be found, through analysis by qualified personnel, to be
minimally or nonpolluting; and
g. Meet all requirements of applicable regulatory agencies.
DR-9.6.4 New development shall be sited and designed to avoid or, if that is not
possible, to minimize the need for new and maintenance dredging.
9.7 Fill
A. Policies
Policy 9.7.1 Fill should be located, designed, and constructed to protect shoreline
ecological processes and functions.
Policy 9.7.2 Fill landward of the ordinary high water mark should be permitted
when necessary to support permitted uses, and when significant
impacts can be avoided or mitigated.
Policy 9.7.3 Fill waterward of the ordinary high water mark should be permitted
only by Shoreline Conditional Use Permit when necessary to
accommodate water-dependent uses; public access; expansion or
alteration of transportation facilities of statewide significance currently
located on the shoreline and then only upon a demonstration that
alternatives to fill are not feasible; a transportation facility, utility, or
navigational structure with no feasible alternative; cleanup and
disposal of contaminated sediments as part of an interagency
environmental clean-up plan; disposal of dredged material considered
suitable under and conducted in accordance with the Dredged Material
Management Program of the Department of Natural Resources,
Depatment of Ecology and U.S. Army Corps of Engineers; and public
access.
Policy 9.7.4 Shoreline areas should not be considered for location of sanitary
(municipal solid waste) landfills or the disposal of material which will
cause significant water quality impacts.
Policy 9.7.5 Perimeters of fill should be protected by shoreline stabilization or
other design measures, unless it can be demonstrated that there will be
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environmental or public benefit for not employing any of these
methods.
Policy 9.7.6 Placement of material for maintenance, restoration, or enhancement of
beaches or mitigation should be permitted.
Policy 9.7.7 Fill should not adversely impact navigation.
B. Development Regulations
DR-9.7.1 Fill for water-dependent uses and for public use shall be given priority.
DR-9.7.2 Fill shall be permitted only when in conjunction with a proposal or
activity otherwise permitted under the SMP.
DR-9.7.3 Fill waterward of the ordinary high water mark is permitted by
Shoreline Conditional Use Permit only when necessary to
accommodate water-dependent uses, and for maintenance and repair of
existing structures; expansion or alternation of transportation facilities
of statewide significance currently located on the shoreline and then
only upon a demonstration that alternatives to fill are not feasible; a
transportation facility, utility, or navigational structure with no feasible
alternative; cleanup and disposal of contaminated sediments as part of
an interagency environmental clean-up plan; disposal of dredged
material considered suitable under and conducted in accordance with
the Dredged Material Management Program of the Department of
Natural Resources; mitigation or compensation actions and ecological
restoration including beach nourishment or enhancement projects
when significant impacts can be mitigated; and public access.
DR-9.7.4 Projects shall be located and designed to minimize the area of fill
necessary to accommodate the use.
DR-9.7.5 Applications for fill shall address impacts to wetlands and streams;
aquatic habitats; flooding; sediment transport; navigation, and public
access. The following information may be required: physical and
biological characteristics of the fill site, source and quality of fill
material, grading plan showing the site, adjacent properties and waters,
method of placement and compaction, type of proposed surfacing and
runoff control, method of erosion control and stabilization, and
proposed use of the fill area. Fill that will result in significant adverse
impacts that cannot be mitigated is prohibited.
DR-9.7.6 Fill shall be provided with some means for erosion control and/or
shoreline stabilization consistent with the policies and regulations of
Section 9.11, Shoreline Stabilization Measures ad Flood Protection
Works.
Page 158
DR 9.7.7 Fill material shall be sand, gravel, soil, rock, or similar material.
Clean dredge material from a permitted dredging operation shall be
permitted except for capping project(s) approved for clean-up under
applicable federal and state regulatory programs.
DR 9.7.8 Excavation of beach material for the primary purpose of obtaining fill
material is prohibited. When practical and where it would not result in
significant adverse impacts, excess beach material from construction
of utilities or other allowed improvements shall be used for beach
enhancement and/or environmental restoration projects, rather than
fill.
DR-9.7.9 Fills shall be located, designed, and constructed to protect shoreline
ecological functions and ecosystem-wide processes.
9.8 Jetties and Groins
A. Policies
Policy 9.8.1 Jetties and groins located waterward of the OHWM shall be allowed
only where necessary to support water-dependent uses, public access,
shoreline stabilization, or other specific public purpose.
Policy 9.8.2 Jetties and groins should be permitted only for water-dependent uses
when the benefits to the region outweigh short-term resource losses
from such works, and only where mitigated to provide no net loss of
shoreline ecological functions and processes.
Policy 9.8.3 Alternative structures, including several smaller discontinuous
structures, should be considered where physical conditions make such
alternatives with less impact feasible.
Policy 9.8.4 Jetties and groins shall be designed to protect critical areas and shall
apply mitigation sequencing.
B. Development Regulations
DR-9.8.1 Jetties and groins are only allowed waterward of the ordinary high
water mark for water-dependent uses, public access, shoreline
stabilization, or other specific public purpose. Except for structures
installed to protect or restore ecological functions, jetties and groins
require a Shoreline Conditional Use Permit.
DR-9.8.2 New residential groins are prohibited in the marine environment at
locations that will alter longshore drift, and are only allowed when
demonstrated to be necessary for shoreline stabilization.
DR-9.8.3 New jetties and groins are prohibited in areas containing critical fish
Page 159
and wildlife habitats and shall not be located on shorelines where
valuable geohydraulic or biological processes are sensitive to
alteration or development such as feeder bluffs, marshes, wetlands and
accretion shoreforms such as spits, hooks, bars, or barrier beaches.
DR-9.8.4 New jetty or groin proposals must incorporate cumulative effects
analysis to determine how the project may affect adjacent beaches
updrift and downdrift of the site. Cumulative effects analysis must be
evaluated by utilizing expertise in several different fields of study
(e.g., geologists, marine biologists, hydrologists). The assessment
must be site-specific and scientifically rigorous to fully document the
need for the jetty or groin.
DR-9.8.5 Repair or replacement of existing jetties and groins is allowed,
provided:
a. A licensed engineering geologist with experience evaluating
projects in marine areas determines that removing the structure
will cause more damage to the beach than letting it remain, or, if
is determined that significant impacts will occur to life or
property if the groin is removed. Typical beach erosion, i.e.,
erosion rates occurring along adjacent beaches near the property,
will not be considered a significant impact.
b. The replacement structure is designed in such a manner to allow
uninhibited passage of longshore sediment movement.
c. The footprint on beach and bed areas is minimized to the greatest
extent possible.
DR-9.8.6 All projects must utilize standard mitigation sequencing techniques to
avoid and minimize impacts, and any impacts must be fully mitigated.
Mitigation measures must incorporate principles of landscape
connectivity and consider the impacts to ecosystem-wide processes
and ecological functions as they may extend outside of the project
boundaries.
9.9 Mooring Buoys
A. Introduction
Mooring buoys are anchored devices in waterbodies used for the mooring of watercraft.
If 12 or more buoys are proposed, the proposal must also comply with polices and
UHJXODWLRQVXQGHU6HFWLRQ³Marinas´DERYH
B. Policies
Policy 9.9.1 Allow mooring buoys for transient boaters as a means to encourage
Page 160
economic development and recreation. Designated mooring buoys
provide boaters with an alternative to anchoring in critical eelgrass
beds.
Policy 9.9.2 Work with the Port of Anacortes, Washington State Parks, other public
or non-profit agencies and the Department of Natural Resources to
LGHQWLI\D³FDUU\LQJFDSDFLW\´RIPRRring buoys.
Policy 9.9.3 Prohibit mooring buoys where such installations will significantly
interfere with navigation.
Policy 9.9.4 Discourage the placement of mooring buoys where sufficient dock
facilities exist.
Policy 9.9.5 Ensure that mooring buoys are located, designed, constructed and
operated in a manner that will minimize damage to sensitive ecological
areas such as eelgrass beds, or aquaculture resources or facilities,
except where the impacts of the mooring buoys will replace existing
and ongoing practices that cause greater ecological degradation. (For
example, the lesser impact of mooring buoys may be a suitable
alternative to the current impacts of boat anchors.)
Policy 9.9.6 Ensure that mooring buoy fields are located, designed and operated so
as to be compatible with adjacent uses and protect the aesthetic
qualities of the shoreline environment.
Policy 9.9.7 Ensure that mooring buoys and the swing path of attached vessels do
not encroach on navigation channels, privately owned tidelands, or the
VZLQJSDWKRIDOHJDOO\HVWDEOLVKHGRU³JUDQGIDWKHUHG´PRRUHGERDW
and buoy.
Policy 9.9.8 Extended moorage on waters of the state without a lease or permission
shall be actively discouraged and mitigation of impacts to navigation
and access is required.
C. Development Regulations
DR-9.9.1 Applications for public mooring buoys shall include an enforcement
and management plan that describes rules and regulations for public
use.
DR-9.9.2 Buoys may only be installed after the Administrator issues a Letter of
Exemption or shoreline permit PROVIDED that the buoys meet all
applicable requirements for a shoreline exemption or permit.
DR-9.9.3 Mooring buoys shall comply with the following design standards:
a. Land based retrieval lines from mooring buoys shall be
Page 161
prohibited.
b. Buoys must float at least 12" above the water and be a light or
bright color.
c. Mooring buoys shall be located no closer than 100 feet from
navigation channels, another mooring buoy, dock, pier, float, or
other fixed navigational obstruction, unless there is a written
agreement allowing for the encroachment with the parties
affected, including the subtidal property owner.
d. Buoys shall be marked with the responsible agency's name,
address, and telephone number.
e. Buoys shall comply with the requirements of all applicable
regulatory agencies (e.g., WAC 332-30-148).
f. Helical anchors or other designs that minimize the footprint on
the seabed are to be used to the greatest extent practicable.
DR-9.9.4 Mooring buoys shall be located, designed, constructed, and operated
so as to minimize impacts to shoreline resources and unnecessary
interference with the right of adjacent property owners, as well as
adjacent shoreline or water uses. To this end, applications for such
facilities must demonstrate conformance with the following criteria.
The proposal:
a. Is located with regard to favorable conditions related to wind,
current, bathymetrics and, for overnight moorage facilities,
adequate flushing action.
b. Complies with all federal, state, regional, and local requirements
regarding water quality including, but not limited to, Department
of Health Standards and environmental policies and regulations
contained in Chapter 6, Environmental Protection General
Regulations.
c. Provides for adequate upland support facilities (e.g., restrooms,
dumpsters, etc.).
d. Does not significantly interfere with navigation.
e. Demonstrates that the buoy system proposed is adequate to
withstand the maximum expected physical stress that the
environment and moored craft will place on the buoy.
f. Demonstrates compliance with mitigation sequencing
techniques. When impacts cannot be avoided, impacts must be
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mitigated to assure no net loss of ecological function necessary
to sustain shoreline resources.
DR-9.9.5 Extended moorage (longer than 5 days), regardless of method, on
waters of the state except as allowed by applicable state regulations
and unless a lease or permission is obtained from the state and impacts
to navigation and public are mitigated is prohibited.
9.10 Shoreline Habitat and Natural Systems
Enhancement Projects
A. Introduction
Shoreline habitat and natural systems enhancement and restoration projects include those
activities proposed and conducted specifically for the purpose of establishing, restoring,
or enhancing habitat for priority species in shorelines. Mitigation for project impacts is
not necessarily included in this section.
B. Policies
Policy 9.10.1 Restoration and enhancement of shorelines should be designed using
principles of landscape and conservation ecology and should restore or
enhance chemical, physical, and biological watershed processes that
create and sustain shoreline habitat structures and functions.
Policy 9.10.2 Restoration and enhancement actions should improve shoreline
ecological functions and processes and should target meeting the needs
of sensitive and/or locally important plant, fish and wildlife species.
Policy 9.10.3 The City should seek funding from State, Federal, private and other
sources to implement restoration, enhancement, and acquisition
projects, particularly those that are identified in the Restoration Plan of
this SMP (Appendix B) or any local watershed or area plans.
Policy 9.10.4 The City should develop processing guidelines that will streamline the
review of restoration-only projects.
Policy 9.10.5 Allow for the use of tax incentive programs, mitigation banking,
grants, land swaps, or other programs, as they are developed, to
encourage restoration and enhancement of shoreline ecological
functions and to protect habitat for fish, wildlife and plants.
C. Regulations
DR-9.10.1 Restoration and enhancement shall be carried out in accordance with
an approved shoreline restoration plan.
DR-9.10.2 All shoreline restoration and enhancement projects shall protect the
Page 163
integrity of adjacent natural resources, including aquatic habitats and
water quality.
DR-9.10.3 Long-term maintenance and monitoring shall be included in
restoration or enhancement proposals.
DR-9.10.4 Shoreline restoration and enhancement may be allowed if the project
proponent demonstrates that no significant change to sediment
transport will result and that the enhancement will not adversely affect
ecological processes, properties, or habitat.
DR-9.10.5 Shoreline restoration and enhancement projects shall use be designed
using scientific and technical information, and implemented using best
management practices.
DR-9.10.6 Shoreline restoration and enhancement shall not significantly interfere
with the normal public use of the navigable waters of the state without
appropriate mitigation.
DR-9.10.7 Shoreline restoration and ecological enhancement projects may be
SHUPLWWHGLQDOOVKRUHOLQHHQYLURQPHQWVSURYLGHGWKHSURMHFW¶VSXUSRVH
or consequence is the restoration of the natural character and
ecological functions of the shoreline.
9.11 Shoreline Stabilization Measures & Flood
Protection Works
A. Introduction
Shore stabilization works include actions taken to stabilize the shoreline, addressing
erosion impacts to property and improvements caused by natural processes, such as
current, flood, tides, wind, or wave action. These actions include structural and
nonstructural methods.
Nonstructural methods include building setbacks, relocation of the structure to be
protected, ground water management, and/or planning and regulatory measures to avoid
the need for structural stabilization.
6WUXFWXUDOPHWKRGVFDQEH³KDUG´RU³VRIW´+DUGVWUXFWXUDOVWDELOL]DWLRQPHDVXUHVUHIHU
to those with solid, hard surfaces, such as concrete bulkheads. These are static structures
traditionally constructed of rock, concrete, wood, metal, or other materials that deflect,
rather than absorb, wave energy. Soft structural measures rely on softer materials, such
as vegetation, drift logs, and gravel. They are intended to absorb wave energy,
mimicking the function of a natural beach. Generally, the harder the construction
measure, the greater the impact on shoreline processes, including sediment transport,
geomorphology, and biological functions. Structural shoreline stabilization methods also
often result in vegetation removal and damage to near-shore habitat and shoreline
Page 164
corridors. 7KHIROORZLQJPHWKRGVRIVKRUHOLQHVWDELOL]DWLRQDUHRUJDQL]HGIURP³VRIW´WR
³KDUG´ 7KHXVHRI³VRIW´PHWKRGVLVWKHSUHIHUUHG³EHVWSUDFWLFHV´FKRLFH LIQRQ-
structural methods cannot be used or are insufficient) when considering shoreline
stabilization measures.
"Soft"
Vegetation enhancement;
Upland drainage control;
Bioengineering/biotechnical measures;
Beach enhancement;
Anchor trees; and
Gravel enhancement.
"Hard"
Rock revetments;
Gabions;
Groins;
Retaining walls and bluff walls;
Bulkheads; and
Seawalls.
What constitutes normal repair and maintenance? As applied to shoreline
stabilization, "normal repair" and "normal maintenance" include the patching, sealing, or
refinishing of existing structures and the replenishment of sand or other material that has
been washed away if part of a previous authorized activity. Normal maintenance and
normal repair are limited to those actions that are typically done on a periodic basis.
Construction that causes significant ecological impact is not considered normal
PDLQWHQDQFHDQGUHSDLU 6HH6HFWLRQRIWKLV603IRUWKHGHILQLWLRQRI³QRUPDO
PDLQWHQDQFHRUUHSDLU´
What constitutes replacement? As applied to shoreline stabilization measures,
"replacement" means the construction of a new structure to perform a shoreline
stabilization function when an existing structure can no longer adequately serve its
purpose. Additions to or increases in size of existing shoreline stabilization measures are
considered new structures under this Master Program.
,QDGGLWLRQUHSDLUVWKDWH[FHHGDFHUWDLQWKUHVKROGDUHDOVRHIIHFWLYHO\³UHSODFHPHQW´
providing a meaningful opportunity for the project applicant to consider and implement
softer solutions to an existing hard structural stabilization. The following are thresholds
for considering a repair to be effectively replacement: 1) when any repair is being
conducted along more than 50 percent of the shoreline stabilization on the subject
property, or 2) when repair is being conducted along more than 25 feet of shoreline
stabilization when that repair work includes removal and replacement of the stabilization
PHDVXUH¶VIRXQGDWLRQPDWHULDO7KHVHUHSDLUVPD\VWLOOEHSURFHVVHGDV6KRUHOLQH
Exemptions if the relevant exemption criteria are met; however, the replacement
provisions of these regulations will apply.
Page 165
What is required for additions to existing shoreline stabilization? Additions to or
increases in size of existing shoreline stabilization measures shall be considered new
structures.
Is there an exception for protecting a home? Pursuant to the Shoreline Management
Act (RCW 90.58.100(6), measures to protect single-family residences occupied prior to
January 1, 1992, are exempt from the requirement to obtain a shoreline substantial
development permit. However, a statement of exemption must be obtained from the City
before constructing, adding to or substantially modifying these structures. The City may
issue an exemption upon a finding that the structure is designed to minimize harm to the
shoreline natural environment and that, to the extent feasible, the structure complies with
the policies, prohibitions, and development standards of this Master Program. Mitigation
will be required to meet the no net loss standard.
The following policies and regulations apply to all actions and developments that modify
the shoreline for the purposes of preventing shore erosion or flooding.
B. Policies
Policy 9.11.1 Strive to reduce or eliminate the need for structural shoreline
modifications activities through application of appropriate land use
designations, development standards, and public education.
Policy 9.11.2 Discourage new development requiring structural shoreline
stabilization. Any such work will require mandatory geotechnical
analysis. New development on steep slopes and bluffs shall be set back
to prevent the need for future shoreline stabilization during the life of
the project.
Policy 9.11.3 5HORFDWLQJH[LVWLQJVWUXFWXUHVRXWRIKDUP¶VZD\LVSUHIHUDEOHWR
construction of structural shoreline stabilization.
Policy 9.11.4 Allow structural stabilization methods only:
a. After a determination is made by a qualified professional with
experience and proven success installing non-structural bio-
engineered shoreline stabilization techniques that soft armoring
will not succeed or is not suitable due to specific site
considerations.
b. Where it has been demonstrated to be necessary to support or
protect a legally established, inhabited structure or ongoing
shoreline use that is in danger of loss or substantial damage, or
when necessary for reconfiguration of the shoreline for
mitigation or enhancement purposes, or where necessary to the
operation and location of a new, single-family or multifamily
structure, or a water-dependent, water-related, or water-
enjoyment use consistent with this Master Program. They will
Page 166
not be permitted for the indirect purpose of creating land by
filling.
Policy 9.11.5 Encourage soft stabilization and protection works, such as protective
EHUPVRUYHJHWDWLYHVWDELOL]DWLRQRYHU³KDUG´VWUXFWXUDOPHDQVVXFKDV
concrete bulkheads or extensive revetments. Furthermore, designs that
do not interrupt net drift or migration of anadromous fish are preferred
(for example, open piling construction is preferable to solid walls, and
floating breakwaters are preferable to solid landfills).
Policy 9.11.6 Potential impacts that proposed shoreline stabilization measures have
on ecosystem-wide processes (e.g., sand movement) and functions
(e.g., habitat) must be evaluated. Make provisions to minimize
impacts where feasible. Mitigation must be provided to achieve no net
loss of ecological functions.
Policy 9.11.7 Give special attention to the effect these structures will have on
aesthetic qualities of the shoreline, public access and use of the water.
Policy 9.11.8 Construction of shoreline stabilization measures should not be allowed
until effects on adjacent shores have been evaluated by the Shoreline
Administrator against Shoreline Goals, Policies and Regulations. A
coastal engineering report that considers alternative protection
measures should be required for all proposals for new shoreline
stabilization structures.
Policy 9.11.9 Shoreline stabilization measures should be designed to have a minimal
degradation on water views, and avoid adverse effects on fisheries
resources.
Policy 9.11.10 Shoreline stabilization measures which would decrease publicly
owned lands should not be allowed.
Policy 9.11.11 Shoreline stabilization structures should be allowed only where
demonstrated to be necessary to support or protect permitted shoreline
uses or where an existing structure is in imminent danger from
shoreline erosion.
Policy 9.11.12 One foot of bank hardening shall be removed or other equivalent
mitigation for every foot of hardening installed. Such removal may be
on non-contiguous sites, and may be on public property with
agreement of the entity owning the site.
Policy 9.11.13 New development, including creation of new parcels, that would
require shoreline stabilization is prohibited, unless needed to protect
allowed uses where no alternative locations are available and no net
loss of ecological functions will result.
Page 167
C. Development Regulations
DR-9.11.1 New development, including the subdivision of land, shall not create
lots which require future shoreline stabilization to the extent feasible.
If necessary, a geotechnical report shall be required.
DR-9.11.2 New development near steep slopes or bluffs shall be set back
sufficiently to ensure that shoreline stabilization is unlikely to be
necessary during the life of the structure as demonstrated by a
geotechnical analysis.
DR-9.11.3 New development that would require shoreline stabilization which
causes significant impacts to adjacent or down-current properties and
shoreline areas shall not be allowed.
DR-9.11.4 Structural stabilization methods shall be permitted when necessary for
reconfiguration of the shoreline for (i) mitigation or enhancement
purposes, or (ii) if determined to be appropriate based on the criteria of
this section. In all other cases, structural stabilization methods shall
only be allowed when all of the following criteria are met:
a. Relocation of existing structures, or implementation of
nonstructural measures, such as placing the development even
farther from the shoreline, planting and or retaining vegetation,
or installing on-site drainage improvements, are not feasible or
not sufficient.
b. Structural stabilization has been demonstrated, through a coastal
engineer or other qualified geotechnical report, to be necessary to
support or protect a legally established, inhabited structure or
ongoing shoreline use that is in danger of loss or substantial
damage or when necessary for reconfiguration of the shoreline
for mitigation or enhancement.
c. The erosion is not being caused by upland conditions on the
subject property, such as the loss of vegetation and drainage;
d. The shoreline stabilization measure will mitigate adverse impacts
to the extent feasible.
e. Except for those uses that are water-dependent or when
necessary to protect a single-family residence, uses shall not be
allowed to have hard structural stabilization unless a Conditional
Use Permit is obtained. See Conditional Use Permit
requirements in Section 3.1 and WAC 173-26-201(3)(d)(iii).
Bioengineered or soft structural stabilization is permitted.
DR-9.11.5 As appropriate to the individual proposal, the City shall require and
Page 168
utilize the following information during its review of shoreline
stabilization proposals:
a. Purpose of the project;
b. Documentation (including photos) of existing (pre-construction)
shoreline characteristics.
c. Description of physical, geological, and/or soil characteristics of
the area including existing and proposed slope profiles and
location of ordinary high water mark;
d. Hydraulic characteristics of the water body within one-half (0.5)
mile on each side of the proposed project;
e. Existing shoreline stabilization and flood protection devices
within one-half (0.5) mile on each side of the proposed project;
f. Biological characteristics of the area including vegetation, fish
and wildlife resources, and suitability of site to support forage
fish spawning;
g. Construction materials including size, shape, quantity, plant
types, and soil preparations;
h. Construction methods and timing;
i. Predicted impact upon area shore and hydraulic processes,
ecological functions, public access, adjacent properties, and
shoreline and water uses;
j. Evaluation to determine if alternative non-structural techniques
are feasible;
k. Monitoring and adaptive management may be required to
determine if the structure is properly functioning;
l. Description of measures incorporated into the design to address
aesthetics and public access; and
m. (YDOXDWLRQRIWKHFXPXODWLYHHIIHFWVRI³KDUG´VWDELOL]DWLRQ
methods within a drift cell shall be determined by a Washington
State licensed civil engineer with a specialty in coastal
engineering or a qualified Washington State licensed geologist
with a specialty in coastal geology, and a qualified marine
habitat biologist.
n. Geotechnical reports shall include estimates of the rate of erosion
Page 169
and urgency (damage within 3 years) and evaluate alternative
solutions.
DR-9.11.6 New development, including creation of new parcels, that would
require future shoreline stabilization during the life of the structure is
prohibited except where no alternative locations are available and no
net loss of ecological functions will result as demonstrated through a
geotechnical analysis.
DR-9.11.7 Shoreline stabilization works, including revetments and bulkheads,
shall be located, designed and constructed in such a manner that will:
a. Minimize alterations of the natural shoreline and shoreline
processes including sediment transport.
b. Minimize damage to ecological functions including wildlife, fish
and shellfish habitats.
c. Provide for the long term multiple use of shoreline resources and
public access to public shorelines. In the design of publicly
financed or subsidized works, consideration shall be given to
providing pedestrian access to shorelines for low intensity
outdoor recreation.
d. The shoreline defense structure shall mitigate adverse impacts to
the extent feasible, blend with the surroundings, and not distract
from the aesthetic qualities of the shoreline.
e. Achieve the policy of no net loss of ecological functions
necessary to sustain shoreline resources.
DR-9.11.8 Use of scrap building materials, asphalt from street work, or any
discarded materials, equipment or appliances for the stabilization of
shorelines shall be prohibited.
DR-9.11.9 Upon project completion, all temporarily disturbed shoreline areas
shall be restored to as near pre-project configuration as possible and
replanted with appropriate vegetation, with preference given to native
plantings. All losses in nearshore/riparian vegetation or fish or
wildlife habitat shall be mitigated at a ratio that would be equivalent to
the time that it would take the vegetation to reach full maturity or the
level of maturity prior to disturbance.
Hard Stabilization Methods (e.g., revetments, bulkheads)
³+DUG´VWDELOL]DWLRQPHWKRGVDUHVROLGVWDWLFVWUXFWXUHVLQFOXGLQJURFNUHYHWPHQWV
Page 170
gabions, concrete groins, retaining walls and bluff walls, bulkheads, and seawalls
(definitions in Chapter 15). The two most common hard methods applied in Puget Sound
are revetments and bulkheads.
A revetment is a sloped shoreline structure built to protect an existing eroding shoreline
or newly placed fill against currents and wave action. Revetments are most commonly
built of randomly placed boulders (riprap) but may also be built of sand cement bags,
paving, or building blocks, gabions (rock filled wire baskets) or other systems and
materials. The principal features of a revetment, regardless of type is a heavy armor
layer, a filter layer, and toe protection.
Bulkheads are solid or open-pile walls usually constructed parallel to the shore whose
primary purpose is to contain and prevent the loss of soil by erosion, wave, or current
action. Bulkheads are used to protect marine bluffs by retaining soil at the toe of the
slope or by protecting the toe of the bank from erosion and undercutting. Bulkheads are
typically constructed of poured-in-place concrete, steel or aluminum sheet piling, wood,
or wood and structural steel combinations.
Additional Policies for Hard Stabilization Methods
In addition WRWKHSROLFLHVDQGUHJXODWLRQVOLVWHGDERYHSURSRVDOVIRU³KDUG´VWDELOL]DWLRQ
methods shall comply with the policies and regulations in this subsection.
Policy 9.11.14 (YDOXDWHWKHFXPXODWLYHHIIHFWRIDOORZLQJ³KDUG´VWDEilization
PHWKRGVDORQJWKHVKRUHOLQHSULRUWRSHUPLWWLQJQHZ³KDUG´VWUXFWXUHV
If it is determined that the cumulative effect would have a net loss of
ecological functions on the shoreline, then exemptions and permits
should not be granted.
Policy 9.11.15 'RQRWSHUPLW³KDUG´VWUXFWXUHVDVDVROXWLRQWRJHR-physical problems
such as mass slope failure, sloughing, or landslides. Hard structures
should only be approved for the purposes of preventing bank erosion.
$GGLWLRQDO5HJXODWLRQVIRU³+DUG´6WDELlization Structures
DR-9.11.10 3URSRVDOVIRU³KDUG´VWDELOL]DWLRQVWUXFWXUHVPXVWILUVWGHPRQVWUDWHWKDW
use of natural materials and processes and non-structural solutions,
including relocation or reconstruction of existing structures, to bank
stabilization are unworkable. Then, evaluate the cumulative effect of
DOORZLQJ³KDUG´VWDELOL]DWLRQPHWKRGVDORQJWKHVKRUHOLQHSULRUWR
SHUPLWWLQJQHZ³KDUG´VWUXFWXUHV,ILWLVGHWHUPLQHGWKDWWKH
cumulative effect would have a net loss of shoreline ecological
functions, then exemptions and permits shall not be granted.
DR-9.11.11 ³+DUG´VWDELOL]DWLRQVWUXFWXUHVPD\EHDOORZHGRQO\ZKHQHYLGHQFHLV
presented which conclusively demonstrates that at least one of the
following conditions exist:
a. Erosion threatens a legally established use or existing building(s)
Page 171
on upland property: provided that all other alternative methods
of shore protection have proven infeasible or insufficient.
b. Structural stabilization is necessary to the operation and location
of a new, single-family home, or a water-dependent use
consistent with this Master Program; provided that all other
alternative methods of shore protection have proven infeasible or
insufficient through a geotechnical report.
c. Structural stabilization is necessary as part of a habitat
enhancement project.
DR-9.11.12 Bulkheads are to be permitted only where local physical conditions are
suitable for such alterations. Factors to consider shall include, but are
not limited to, foundation bearing materials and surface and subsurface
drainage.
Siting and Design
DR-9.11.13 Soft shoreline stabilization measures that provide restoration of
shoreline ecological functions may be permitted waterward of the
ordinary high water mark.
DR-9.11.14 Unless found to be infeasible, bulkheads and revetments shall be
located landward of the ordinary high water mark and follow the
natural contours of the shoreline. In addition:
a. Where no other bulkheads are adjacent, the construction of a
bulkhead shall be as close to the eroding bank as possible and in
no case shall it be more than three (3) feet from the toe of the
bank.
b. A bulkhead for a permitted fill shall be located at the toe of the
fill.
c. Where permitted, a bulkhead must tie in no further waterward
than flush with existing bulkheads on adjoining properties,
except where the adjoining bulkheads extend waterward of the
ordinary high water mark. In which case, the new bulkhead must
meet standard requirements.
DR-9.11.15 Replacement bulkheads may be permitted if there is a demonstrated
need to protect principal uses or structures from erosion caused by
currents, tidal action, or waves provided that:
a. The replacement structure is designed, located, sized, and
constructed to assure no net loss of ecological functions.
Page 172
b. For residences, the replacement structure does not encroach
waterward of the ordinary high water mark or existing structure
and there are overriding safety or environmental concerns. In
such cases, the replacement structure shall abut the existing
shoreline stabilization structure. Minor encroachment may be
granted for resurfacing of existing structures in conformance
with Washington State Department of Fish & Wildlife
regulations, replacement of existing structures protecting
residences occupied prior to January 1, 1992, or for soft
shoreline stabilization measures that provide restoration of
ecological functions.
c. The existing bulkhead structure is removed unless doing so is
found to be detrimental to ecological functions or unreasonable.
d. If a structure is placed waterward of the existing bulkhead or
revetment, all impacts, including loss of beach habitat, must be
fully mitigated.
DR-9.11.16 Bulkheads shall be sited and designed consistent with appropriate
engineering principles. Professional geologic site studies or design
may be required for any proposed bulkhead if the Shoreline
Administrator determines sufficient uncertainties exist.
DR-9.11.17 Bulkheads shall be designed for the minimum dimensions necessary to
adequately protect the development.
DR-9.11.18 Bulkheads and revetments shall be designed to permit the passage of
surface or groundwater without causing ponding or saturation of
retained soil/materials.
DR-9.11.19 Adequate toe protection shall be provided to ensure bulkhead stability.
DR-9.11.20 Materials used in bulkhead construction shall meet the following
standards:
a. Bulkheads shall utilize stable, non-erodable, homogeneous
materials such as concrete, wood, and rock that are consistent
with the preservation and protection of the ecological habitat.
b. Shore materials shall not be used for fill behind bulkheads,
except clean spoil from a permitted dredge and fill operation or
clean upland materials.
DR-9.11.21 If an armored revetment is employed the following design criteria shall
be met:
a. The size and quantity of the material shall be limited to only that
Page 173
necessary to withstand the estimated energy intensity of the
hydraulic system;
b. The toe reinforcement or protection must be adequate to prevent
a collapse of the system from wave action; and
c. Fish habitat components shall be considered in the design subject
to Hydraulic Project Approval by the Washington Department of
Fish and Wildlife.
Public Access Provisions
DR-9.11.22 When hard stabilization measures are required at a public access site,
provision for safe access to the water shall be incorporated into
bulkhead design wherever reasonable and practicable.
DR-9.11.23 Stairs or other permitted structures may be built into a hard
stabilization structure, but shall not extend waterward of it.
DR-9.11.24 Prior to granting a permit for new shoreline stabilization (bulkheads,
breakwaters, groins and jetties) the effect of such development on
adjacent properties shall be determined and the decision of the City
shall reflect such determination. Applications for such development
must be accompanied by information showing configuration of the
shoreline and consistency of bank materials for properties within 300
feet in both directions from the proposal. Mitigation of adverse effects
may be required as an alternative to denial.
DR-9.11.25 Public access is required as part of any publicly financed shoreline
erosion control measures.
Page 174
CHAPTER 10 ENFORCEMENT AND PENALTIES
10.1 Enforcement
10.2 Penalties
10.3 Violations ± Subsequent Development and Building Permits.
10.4 Public and Private Redress
10.5 Fees for Permits Obtained After Development
10.1 Enforcement
10.1.1 The enforcement provisions of RCW 58.17 and WAC 173-27-240
through 173-27-310 shall apply.
10.1.2 The Shoreline Administrator and/or a designated representative shall
enforce all provisions of the Master Program. The Shoreline
Management Act calls for a cooperative enforcement program between
local and state government. It provides for both civil and criminal
penalties, orders to cease and desist, orders to take corrective action
and permit rescission. The choice of enforcement action and the
severity of any penalty should be based on the nature of the violation
and the damage or risk to the public or to public resources. The
existence or degree of bad faith of the persons subject to the
enforcement action, the benefits that accrue to the violator, and the
cost of obtaining compliance may also be considered.
10.2 Penalties
Any person found to have willfully engaged in activities on the City's shorelines in
violation of the Shoreline Management Act of 1971 or in violation of the City's Shoreline
Master Program, rules or regulations adopted pursuant thereto shall be subject to the
penalty provisions of the AMC.
10.3 Violations ± Subsequent Development and
Building Permits
No building permit or other development permit shall be issued for any parcel of land
developed or divided in violation of this Master Program. All purchasers or transferees
of property shall comply with provisions of the Act and this Master Program and each
purchaser or transferee may recover damages from any person, firm, corporation, or
agent selling, transferring, or leasing land in violation of the Act or this Master Program
including any amount reasonably spent as a result of inability to obtain any development
permit and spent to conform to the requirements of the Act or this Master Program as
well as costs of investigation, suit, and reasonable attorney's fees occasioned thereby.
Such purchaser, transferee, or lessor, as an alternative to conforming their property to
Page 175
these requirements, may rescind the sale, transfer, or lease and recover costs of
investigation, litigation and reasonable attorney's fees occasioned thereby from the
violator.
10.4 Public and Private Redress
10.4.1 Any person subject to the regulatory program of the Master Program
who violates any provision of the Master Program or the provisions of
a Permit issued pursuant thereto shall be liable for all damages to
public or private property arising from such violation, including the
cost of restoring the affected area to its condition prior to such
violation.
10.4.2 The City Attorney may bring suit for damages under this section on
behalf of the City. Nothing in this section precludes private persons
from bringing suit for damages on their own behalf. If liability has
been established for the cost of restoring an area affected by violation,
the court shall make provisions to assure that restoration will be
accomplished within a reasonable time at the expense of the violator.
In addition to such relief, including monetary damages, the court, in its
discretion, may award attorneys' fees and costs of the suit to the
prevailing party.
10.5 Fees for Permits Obtained After Development
10.5.1 Triple fees for permits obtained after development. Permits obtained
following, rather than prior to, the establishment of a development or
use shall be three (3) times the normal amount. This provision is in
addition to the enforcement measures contained in this chapter and in
the AMC.
10.5.2 Delinquent permit penalties shall be paid in full prior to resuming the
use or activity.
Page 176
CHAPTER 11 MASTER PROGRAM ± REVIEW,
AMENDMENTS AND ADOPTION
11.1 Master Program Review
11.2 Amendments to Master Program
11.3 Severability
11.4 Effective Date
11.1 Master Program Review
This Master Program shall be periodically reviewed and adjustments shall be made as are
necessary to reflect changing local circumstances, new information or improved data, and
changes in State statutes and regulations. This review process shall be consistent with
WAC 173-26 requirements and shall include a local citizen involvement effort and public
hearing to obtain the views and comments of the public.
11.2 Amendments to Master Program
11.2.1 Any of the provisions of this Master Program may be amended as
provided for in RCW 90.58.120 and .200 and Chapter 173-26 WAC.
Amendments or revision to the Master Program, as provided by law,
do not become effective until approved by the Washington State
Department of Ecology.
11.2.2 Proposals for shoreline environment redesignation (i.e., amendments
to the shoreline maps and descriptions), must demonstrate consistency
with the criteria set forth in WAC 173-22-040.
11.3 Severability
If any provisions of this Master Program, or its application to any person or legal entity
or parcel of land or circumstances is held invalid, the remainder of the Master Program,
or the application of the provisions to other persons or legal entities or parcels of land or
circumstances, shall not be affected.
11.4 Effective Date
This Master Program shall take effect on_October 4, 2010 and shall apply to new
applications submitted on or after that date and to incomplete applications submitted prior
to that date.
Page 177
CHAPTER 12 DEFINITIONS
12.1 General Information
12.2 Definitions
12.1 General Information
For the purpose of this Master Program, certain terms and their derivations shall be
construed as specified in this section. Some terms used in this Master Program may have
a different definition and application under other City of Anacortes regulations. Words in
the singular include the plural, and the plural, the singular. The words "shall" and "will"
are mandatory; the word "may" is permissive. Additional definitions applicable to this
Master Program and adopted by reference herein, are found in RCW 90.58 and applicable
sections of the Washington Administrative Code. The following definitions apply
throughout this Program, unless otherwise indicated.
If a definition is not included here, the City shall rely on definitions found in applicable
citations in the Revised Code of Washington (RCW), Washington Administrative Code
(WAC), the Anacortes Municipal Code (AMC), and finally a standard dictionary, in that
order. In case of conflict with AMC, definitions within the RCW, WAC, and/or this
Master Program shall prevail.
12.2 Definitions
Abiotic Not Living.
Accessory Building A subordinate building attached to or detached from the principal
building and used for purposes customarily incidental to the use of the principal building.
Accessory buildings include but are not limited to an automobile storage garage,
playhouse, laundry room, garden shelter, hobby room and mechanical room.
Accessory Dwelling Unit An accessory dwelling unit (ADU) is a habitable dwelling
unit added to, created within, or detached from and on the same lot with a single-family
dwelling that provides basic requirements for living, sleeping, eating, cooking, and
sanitation.
Accessory Use A water-oriented or non-water-oriented use that is demonstrably
subordinate and incidental to a primary use and which functionally supports its activity.
Accretion The growth of a beach by the addition of material transported by wind and/or
water. Included are such shoreforms as barrier beaches, points, spits, hooks and
tombolos.
Act The Shoreline Management Act of 1971, as amended (Chapter 90.58 RCW).
Page 178
Activity An occurrence associated with a use; the use of energy toward a specific action
or pursuit. Examples of shoreline activities include but are not limited to fishing,
swimming, boating, dredging, fish spawning, wildlife nesting, or discharging of
materials.
Act means the Washington State Shoreline Management Act, Chapter 90.58 RCW
Adjacent Lands Lands adjacent to the shorelines of the state (outside of shoreline
jurisdiction). The SMA directs local governments to develop land use controls (i.e.,
zoning, comprehensive planning) for such lands consistent with the policies of the SMA,
related rules and the local shoreline master program (see Chapter 90.58.340 RCW).
Administrator The City Director of Planning, Community, and Economic
Development or his/her designee, charged with the responsibility of administering the
Anacortes Shoreline Master Program.
Advertising Any display of letters, numerals, characters, words, symbols, emblems,
illustrations, objects or registered trademarks which serve to call to the attention of the
public products, services, businesses, buildings, premises, events, candidates or ballot
proportions. On-premise advertising is that which is actually located on the site of the
business or service advertised.
Agricultural Activities 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.
Agriculture The cultivation of soil, production of crops, or the raising of livestock.
AKART An acronym for "all known, available, and reasonable methods of prevention,
control, and treatment" (WAC 173-201A-020). AKART shall represent the most current
methodology that can be reasonably required for preventing, controlling, or abating the
pollutants associated with a discharge. The concept of AKART applies to both point and
nonpoint sources of pollution.
Alteration Any human-induced action that impacts the existing conditions of the area.
Alteration includes but is not limited to:
1. Grading, filling, dredging, draining, channelizing, cutting, topping;
2. Clearing, relocating or removing vegetation;
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3. Paving, construction, modifying for surface water management purposes;
4. Human activity that impacts the existing topography, vegetation, hydrology,
or wildlife habitat.
Alteration does not include walking, passive recreation, or similar activities.
Amendment A revision, update, addition, deletion, and/or reenactment to an existing
shoreline master program.
Anadromous Fish Species, such as salmon, which are born in fresh water, spend a large
part of their lives in the sea, and return to freshwater rivers and streams to procreate.
Applicable Master Program The Master Program approved or adopted by the
Washington State Department of Ecology pursuant to RCW 90.58.090 or RCW
90.58.190.
Approval An official action by a local government legislative body agreeing to submit a
proposed shoreline master program or amendments to the department for review and
official action pursuant to these regulations; or an official action by the department to
make a local government shoreline master program effective, thereby incorporating the
approved shoreline master program or amendment into the state master program.
Appurtenance A structure or development that is necessarily connected to the function
and enjoyment of a single-family residence or other use and is located landward of the
ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal
appurtenances include a garage; deck; driveway; utilities; fences; and grading which does
not exceed two hundred fifty (250) cubic yards and which does not involve placement of
fill in any wetland or waterward of the ordinary high water mark.
Aquaculture The culture or farming of food fish, shellfish, or other aquatic plants or
animals, including the incidental preparation of these products for human use. The term
encompasses a wide variety of activities including hatching, seeding, planting,
cultivating, feeding, raising, and harvesting of plants and animals.
Aquatic All water bodies, including marine waters, lakes, rivers, and streams and their
respective water columns and underlying lands waterward of the ordinary high water
mark..
Archaeology The systematic recovery by scientific methods of material evidence
UHPDLQLQJIURPPDQ¶VOLIHDQGFXOWXUHLQSDVWDJHVDQGWKHGHWDLOHGVWXG\RIWKLV
evidence.
Associated Wetlands Those wetlands that are in proximity to and either influence, or
are influenced by tidal waters or a lake or stream subject to the Shoreline Management
Act (WAC 173-22-030(1)).
Auxiliary A structure or use which is supplemental or supportive to the primary
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structure or use.
Backshore The area wetted by storm tides but normally dry between the coastline and
the high tide line. It may be a narrow gravel berm below a sea bluff or a broader complex
of berms, marshes, meadows, or dunes landward of the high tide line.
Bar Similar to spits and hooks, though generally not attached to the mainland during
periods of high water.
Barrier Beach An accretion shore form of sand and gravel that has been deposited by
longshore drift, like storm barriers, in front of bluffs, bays, marshes and estuaries.
Bathymetry, Bathymetrics The measurement of water depth at various places in a body
of water; also: the information derived from such measurements - bathy·met·ric
Beach The zone of unconsolidated material that is moved by waves, wind and tidal
currents, extending landward to the coastline.
Beach feeding A process by which beach material is deposited at one or several
locations in the updrift portion of a driftcell. The material is then naturally transported by
DZDYH¶VGRZQGULIWWRVWDELOL]HRUUHVWRUHHURGLQJEHDFKHVor berms.
Benthic/Benthos Of or having to do with the bottom of oceans or seas. In biology,
³EHQWKRV´PHDQLQJWKHRUJDQLVPVOLYLQJRQRULQWKHERWWRPRIRFHDQVODNHVRUVWUHDPV
Berm A linear mound of sand or gravel that is placed parallel to the shore at or above
the ordinary high water mark. This may be a natural or a manmade feature.
Best Management Practices (BMPs) BMPs are methods of improving water quality
that can have a great effect when applied by numerous individuals. BMPs encompass a
variety of behavioral, procedural, and structural measures that reduce the amount of
contaminants in stormwater runoff and in receiving waters. The term "best management
practices" is typically applied to nonpoint source pollution controls and is considered a
subset of the AKART requirement.
Bioengineering The practice of using natural vegetative materials to stabilize shorelines
and prevent erosion. This may include use of bundles of stems, root systems, or other
living plant material, soft gabions, fabric or other soil stabilization techniques, and
limited rock toe protection where appropriate. Bioengineering projects often include
fisheries habitat enhancement measures in project design (e.g., anchored logs, root wads,
etc.). This use of bioengineering as a shoreline stabilization technique is seen as an
alternative to riprap, concrete, and other structural solutions.
Biota The animals and plants that live in a particular location or region.
Biologist - Qualifications
Biotic Of or relating to life; especially: caused or produced by living beings.
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Boat Launch or Ramp Graded slopes, slabs, pads, planks, or rails used for launching
boats by means of a trailer, hand, or mechanical device.
Boat Lift A mechanical device that can hoist vessels out of the water for storage and
place vessels into the water. These devices are usually located along a pier.
Boating Facilities Boating facilities include marinas, both backshore and foreshore, dry
storage and wet-moorage types, covered moorage, boat launches, and marine travel lifts.
Boating facility standards do not apply to docks serving four or fewer single-family
residences.
Boathouse A structure designed for storage of vessels located over water or in upland
areas, which is designed to surround or enclose the vessel. Boathouses should not be
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Bog A shallow water area that may be filled by sedimentation and the decaying of
vegetation.
Breakwater An off-shore structure generally built parallel to the shore that may or may
not be connected to land. Its primary purpose is to protect a harbor, moorage, or
navigational activity from wave and wind action by creating a still-water area along the
shore. A secondary purpose is to protect the shoreline from wave-caused erosion.
Buffer The zone contiguous to a environmentally sensitive critical area that is required
for the continued maintenance, function, and/or structural stability of the critical area.
Buffer widths vary depending on the relative quality and sensitivity of the area being
protected. Unlike zoning setbacks, buffer areas are intended to be left undisturbed, or
may need to be enhanced to support natural processes, functions and values. The critical
functions of the riparian buffer (those associated with an aquatic system) include shading,
input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks,
interception of sediments, overflow during high water event, protection from disturbance
by humans and domestic animals, maintenance of a wild habitat, and room for variation
of aquatic system boundaries over time due to hydrological or climatic effects. The
critical functions of terrestrial buffers include protection of slope stability, attenuation of
surface water flows from stormwater runoff and precipitation, and erosion control.
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Building Any structure having a roof supported by columns or walls used or intended to
be used for the shelter or enclosure of any use or occupancy. (different but consistent
with AMC)
Building Setback Line Unless otherwise indicated with this Master Program, the line
which establishes the limits of all buildings, structures, and fencing along the shoreline.
Setback lines are based upon land use patterns while setbacks associated with buffers are
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Building Height ± see Height
Page 182
Bulkhead A solid or open-pile wall usually constructed parallel to the shore whose
primary purpose is to contain and prevent the loss of soil by erosion, wave, or current
action. Bulkheads are used to protect marine bluffs by retaining soil at the toe of the
slope or by protecting the toe of the bank from erosion and undercutting. Bulkheads are
typically constructed of poured-in-place concrete, steel or aluminum sheet piling, wood,
or wood and structural steel combinations.
Bulkheads are normally lighter than a seawall and similar to structures termed
"Revetments" defined below.
Buoy Buoys are floating devices anchored in a waterbody for navigational purposes or
PRRUDJH6HHDOVR³0RRULQJ%XR\´
Campground An outdoor area established for overnight accommodation of recreational
user.
Channel An open conduit for water either naturally or artificially created, but does not
include artificially created irrigation, return flow, or stock watering channels. See also
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City The incorporated City of Anacortes, Washington.
Clearing The destruction or removal of vegetation, ground cover, shrubs and trees
including, but not limited to, root material removal that affects the erosive potential of the
soils on the site. This includes such activities as clear-cutting or selective harvest of
trees, chipping of stumps and hauling off of shrubs, slash piles, etc.
Coastline The highest landward line of long-term marine water effect upon the land.
Covered Moorage Boat moorage, with or without walls, that has a roof to protect the
vessel.
Commercial Commercial developments are those uses that are involved in wholesale
and retail trade or business activities. Examples include but are not limited to hotels,
motels, grocery stores, restaurants, shops, offices, and indoor recreation facilities.
Comprehensive Plan The document, including maps, adopted by the City Council that
RXWOLQHVWKH&LW\¶VJRDOVDQGSROLFLHs relating to management of growth, and prepared in
accordance with Ch. 36.70A RCW. The term also includes adopted sub area plans
prepared in accordance with Ch. 36.70A RCW.
Conditional Use A use, development, or substantial development that is classified as a
conditional use or is not classified within the applicable master program. Refer to WAC
173-27-030(4).
Conservancy An area with natural, cultural, or historical resources of exceptional value.
County Skagit County, Washington.
Page 183
Creek A small stream; often a shallow or intermittent tributary to a river. Surface water
run-off flowing in a natural or modified channel that is drawn by gravity to progressively
lower levels and eventually to the sea.
Critical Areas For the purposes of this Master Program, "critical areas" include aquifer
recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas,
geologically hazardous areas, and wetlands. Under the GMA, critical areas are to be
classified, designated and protected. In designating and protecting critical areas, the City
shall use the best available science, consistent with RCW 36.70A.172.
Cumulative Impact The impact on the environment which results from the incremental
impact of the action when added to other past, present, and reasonably foreseeable future
actions regardless of what agency or person undertakes such other actions. Cumulative
impacts can result from individually minor but collectively significant actions taking
place over a period of time.
Development 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 other project of a
permanent or temporary nature which interferes with the normal public use of the surface
of the waters overlying lands subject to the Act at any state of water level (RCW
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Dock A dock or pier is a landing and moorage facility for watercraft that abuts the
shoreline. This definition does not include recreational decks, storage facilities, or other
appurtenances which may be associated with the dock or pier.
Downdrift The direction of movement of beach materials.
Dredge Spoil or Dredge Material The material removed by dredging.
Dredging The removal of earth, sand, gravel, silt, or debris from the bottom of a stream,
river, lake, bay, or other water body and associated wetlands.
Drift cell A particular reach of marine shore in which littoral drift may occur without
significant interruption and which contains any natural sources of such drift and also
accretion shore forms created by such drift.
Driftway The foreshore area that connects a feeder bluff and its accretion from where
sand or gravel is deposited by net effect of wave action and longshore drifts.
Dwelling Any building or portion thereof designed or used primarily for residential
occupancy, including single-family dwellings, duplexes, triplexes, fourplexes, and
multifamily dwellings, and condominiums, but not including hotels or motels.
Dwelling, multifamily A building containing two or more dwelling units.
Dwelling, single-family A dwelling designed for single-family occupancy
Page 184
Ecological Functions "Ecological functions" or "shoreline functions" means the work
performed or role played by the physical, chemical, and biological processes that
contribute to the maintenance of the aquatic and terrestrial environments that constitute
the shoreline's natural ecosystem. See WAC 173-26-201(2)(c).
The beneficial roles served by ecological functions include, but are not limited to, water
quality protection and enhancement, fish and wildlife habitat, food chain support, flood
storage, conveyance and attenuation, ground water recharge and discharge, erosion
control, wave attenuation, protection from hazards, historical and archaeological and
aesthetic value protection, educational opportunities, and recreation. These beneficial
roles are not listed in order of priority. Functions can be used to help set targets (species
composition, structure, etc.) for managed areas, including mitigation sites.
Economic Development A development that provides a service, produces a good, retails
a commodity, or engages in any other use or activity for the purpose of making financial
gain.
Ecosystem-wide processes 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 both the types of
habitat and the associated ecological functions.
Emergency An unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time too short to allow full
compliance with the Master Program. Emergency construction is construed narrowly as
that which is necessary to protect property from the elements (RCW 90.58.030(3eiii) and
WAC 173-27- G 6HHDOVR³6XEVWDQWLDO'HYHORSPHQW´
Enhancement Alteration of an existing resource to improve or increase its
characteristics and processes without degrading other existing functions. Enhancements
are to be distinguished from resource creation or restoration projects.
Environmental Impacts The effects or consequences of actions on the natural and built
environments. Environmental impacts include effects upon the elements of the
environment listed in the State Environmental Policy Act (SEPA) (WAC 197-11-600 and
WAC 197-11-444)
Environment(s) (Shoreline Environment(s)) Designations given specific shoreline
areas based on the existing development pattern, the biophysical capabilities and
limitations, and the goals and aspirations of local citizenry, as part of a Master Program.
Erosion The group of natural processes including weathering, dissolution, abrasion,
corrosion, and transporting by which earthy or rocky material is removed from any part
of the earth's surface.
Esplanade A public walk or walkway.
Estuary That portion of a coastal stream influenced by the tide of marine waters into
Page 185
where it flows and where the seawater is diluted with fresh water derived from land
drainage.
Exempt Development Certain specific developments as listed in WAC 173-27-040 and
Chapter 90.58 RCW are exempt from the definition of substantial development and
therefore exempt from the substantial development permit process of the SMA. An
activity that is exempt from the substantial development provisions of the SMA must still
be carried out in compliance with policies and standards of the Act and the local master
program. Conditional use and/or variance permits may also still be required even though
the activity does not need a substantial development permit (RCW 90.58.030(3e).
Extreme Low Tide The lowest line of the land reached by a receding tide.
Fair Market Value "Fair market value" of a development is the open market bid price
for conducting the work, using the equipment and facilities, and purchase of the goods,
services and materials necessary to accomplish the development. This would normally
equate to the cost of hiring a contractor to undertake the development from start to finish,
including the cost of labor, materials, equipment and facility usage, transportation and
contractor overhead and profit. The fair market value of the development shall include
the fair market value of any donated, contributed or found labor, equipment, or materials.
Feasible Pursuant to the Shoreline Guidelines (WAC 173-26), feasible means that an
action, such as a development project, mitigation, or preservation requirement, meets all
of the following conditions: (a) The action can be accomplished with technologies
and 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 proven to be 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.
Feeder Bluff A shore or sea bluff whose eroding material is transported by longshore
drift and provides the building blocks and nourishment for spits, bars, hooks, and other
accretion shore forms.
Fill 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 shorelands in a manner
that raises the elevation or creates dry land.
First Class Tidelands The shores of navigable tidal waters belonging to the state, lying
within or in front of the corporate limits of any city, or within one mile of either side and
between the line of ordinary high tide and the inner harbor line; and within two miles of
the corporate limits on either side and between the line of ordinary high tide and the line
of extreme low tide.
Page 186
Float A floating structure, not connected to the shoreline, that is moored, anchored, or
otherwise secured in the water.
Floating Home A floating structure that is designed and built to be used, or is modified
to be used, as a stationary waterborne residential dwelling.
Flood Control Any undertaking for the conveyance, control, and dispersal of
floodwaters caused by abnormally high direct precipitation or stream overflow.
Floodplain A term synonymous with the hundred-year floodplain, meaning 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 upon flood ordinance regulation
maps or a reasonable method that meets the objectives of the Shoreline Management Act.
Floodway The area, as identified in a master program, that either: (i) Has been
established in federal emergency management agency flood insurance rate maps or
floodway maps; or (ii) consists of those portions of a river valley lying streamward from
the outer limits of a watercourse upon which flood waters are carried during periods of
flooding that occur with reasonable regularity, although not necessarily annually, said
floodway being identified, under normal condition, by changes in surface soil conditions
or changes in types or quality of vegetative ground cover condition, topography, or other
indicators of flooding that occurs with reasonable regularity, although not necessarily
annually. Regardless of the method used to identify the floodway, the floodway shall not
include those lands that can reasonably be expected to be protected from flood waters by
flood control devices maintained by or maintained under license from the federal
government, the state, or a political subdivision of the state
Forest Practices Any activity conducted on or directly pertaining to forest land and
relating to growing, harvesting, or processing timber, including but not limited to: road
and trail construction; harvesting, final and intermediate; precommercial thinning;
reforestation; fertilization; prevention and suppression of diseases and insects; salvage of
trees; and brush control. Forest practice shall not include preparatory work such as tree
marking, surveying and road flagging, and removal or harvesting of incidental vegetation
from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other
products which cannot normally be expected to result in damage to forest soils, timber, or
public resources.
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Gabions Structures composed of masses of rocks, rubble, or masonry held tightly
together usually by wire mesh so as to form blocks or walls. Sometimes used on heavy
erosion areas to retard wave action or as foundations for breakwaters or jetties.
Geomorphology The science dealing with the relief features of the earth and the
processes influencing their formation.
Geotechnical report or geotechnical analysis A scientific study or evaluation
conducted by a qualified expert that includes a description of the ground and surface
Page 187
hydrology and geology, the affected land form 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 to 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.
GMA Growth Management Act ± Washington State House Bill 2929 adopted in 1990
and amendments thereto. Codified largely within Chapter 36.70A RCW.
Grading The movement or redistribution of the soil, sand, rock, gravel, sediment, or
other material on a site in a manner that alters the natural contour of the land. .
Grassy Swale A vegetated drainage channel that is designed to remove various
pollutants from storm water runoff through biofiltration.
Groin A barrier-type structure extending from the backshore or stream bank into a water
body. The purpose of a groin is to interrupt sediment movement along the shore. A
groin is also referred to as a rock weir.
Guidelines [in context of the Shoreline Master Program Guidelines] 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 master programs. Such standards
shall also provide criteria for local governments and the department in developing and
amending master programs.
Habitat The place or type of site where a plant or animal naturally or normally lives and
grows.
Harbor Area The area of navigable tidal waters as determined in Section 1 of Article 15
of the Washington State constitution, which shall be forever reserved for landings,
wharves, streets, and other conveniences of navigation and commerce.
Hearings Board The State Shorelines Hearings Board established by the Act.
Height: Height shall be measured from average grade level to the highest point of a
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the average of the natural or existing topography of the portion of the lot, parcel or tract
of real property which will be directly under the proposed building or structure; provided,
that in the case of structures to be built over water, average grade level shall be the
elevation of ordinary high water. Calculation of the average grade level shall be made by
averaging the elevations at the center of all exterior walls of the proposed building or
VWUXFWXUH$GGLWLRQDOO\³QDWXUDORUH[LVWLQJWRSRJUDSK\´LV 7KHWRSRJUDSK\RIWKHORW
parcel or tract of real property immediately prior to any site preparation, grading,
Page 188
excavation, or filing.
No building or structure in the Shoreline Area (200 feet from OHWM) shall exceed the
height limits indicated on Table 5.2, except:
1. Cranes, gantries, mobile conveyors and similar equipment necessary for the
function of marinas, marine manufacturing, permitted commercial,
industrial or port activities and servicing vehicles.
2. Flagpoles or masts, transmission towers, chimneys, smokestacks, aerials or
stairwells, when part of a permitted use.
3. Belfries, monuments, spires or steeples, transmission towers, provided such
structures shall be designed to minimize obstruction of views.
4. In non-residential zones, penthouses for elevator and other mechanical
equipment and monitors for light and ventilation are permitted, when
occupying less than 15% of the total roof area less than 5% of lot coverage
and extending not more than 10 feet above roof level.
5. When considering allowance of structures to exceed the height limitations
the Planning commission must consider:
a. View obstruction;
b. Alternate siting outside shoreline areas;
c. Significance of alteration of existing skyline profile.
d. The variance criteria in Chapter 15 of this SMP.
Temporary construction equipment is not used in calculating height.
For Personal Wireless Service Facilities/Emergency Communication Facilities, height
means the vertical distance measured from the lowest pre-existing ground level within the
footprint of the facility to the highest point on the facility, including but not limited to the
antenna or antenna array.
Historic Having considerable importance or influence in history; historical.
Historic Overwater Structure Those overwater structures which are identified on the
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HPA - Hydraulic Project Approval The permit issued by the Washington State
Department of Fish and Wildlife pursuant to the State Hydraulic Code Chapter 77.55
RCW.
Hydric Soil Hydric soil means soil that formed under conditions of saturation, flooding,
or ponding long enough during the growing season to develop anaerobic conditions in the
Page 189
upper soil horizon(s), thereby influencing the growth of plants.
Hydrophytes Plants capable of growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
Industry The production, processing, manufacturing, or fabrication of goods or
materials. Warehousing and storage of materials or production is considered part of the
industrial process.
Inner Harbor Line A line located and established in navigable tidal waters between the
line of ordinary high tide and the outer harbor line and constituting the inner boundary of
the harbor area.
In-kind Replacement To replace wetlands, biota or other organisms with substitute
flora or fauna whose characteristics closely match those destroyed, displaced, or
degraded by an activity.
In-Stream Structures Structures waterward of the ordinary high water mark that either
cause or have the potential to cause water impoundment or the diversion, obstruction, or
modification of water flow.
Jetty A structure generally perpendicular to the shore, extending through or past the
intertidal zone. Jetties are built singly or in pairs at a harbor entrance or river mouth
mainly to prevent accretion from littoral drift in an entrance channel, which may or may
not be dredged. Jetties also serve to protect channels from storm waves or cross currents
and to stabilize inlets through barrier beaches. On the Pacific Coast, most jetties are of
rip-rapped, mound construction.
Lake A body of standing water in a depression of land or expanded part of a river,
including reservoirs, of twenty (20) acres or greater in total area. A lake is bounded by
the ordinary high water mark or, where a stream enters a lake, the extension of the
elevation of the lake's ordinary high water mark within the stream (WAC 173-22-030(9)).
Landscaping Vegetative ground cover including shrubs, trees, flower beds, grass, ivy
and other similar plants and including tree bark and other materials which aid vegetative
growth and maintenance.
LID, Low-Impact Development Low impact development is a stormwater management
and land development strategy applied at the parcel and subdivision scale that emphasizes
conservation and use of on-site natural features integrated with engineered, small-scale
hydrologic controls to more closely mimic predevelopment hydrologic functions.
Littoral Drift The mud, sand, or gravel material moved parallel to the shoreline in the
nearshore zone by waves and currents.
Marina A facility that provides launching, storage, supplies, moorage, and other
accessory services for five or more pleasure and/or commercial water craft.
Page 190
Marine Pertaining to tidally influenced waters, including oceans, sounds, straits, marine
channels, and estuaries, including the Pacific Ocean, Puget Sound, Straits of Georgia and
Juan de Fuca, and the bays, estuaries and inlets associated therewith.
Marine bluffs Slopes greater than 40 percent that exceed a vertical height of 10 feet
within the marine shoreline jurisdiction.
Master Program 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.
May The action is acceptable, provided it conforms to the provisions of these regulations.
Mining The removal of naturally occurring rock, sand, gravel, and minerals from the
earth.
Mitigation or Mitigation Sequencing The process necessary to avoid, minimize or
reduce, or compensate for the environmental impact(s) of a proposal (see WAC 197-11-
768 and WAC 173-26-201(2.e)). Mitigation or mitigation sequencing means the
following sequence of steps listed in order of priority, with (a) of this subsection being
top priority:
a) Avoiding the impact altogether by not taking a certain action or parts of an
action;
b) 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;
c) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
d) Reducing or eliminating the impact over time by preservation and
maintenance operations;
e) Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and
f) Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
Mixed-use Development Mixed-use projects are developments that combine water-
dependent/water-related uses with water-enjoyment uses and/or non-water-oriented uses.
Mixed-use developments can be a tool for increased water-dependent activities, civic
revitalization, and public access to the shoreline. To encourage mixed-use projects that
achieve a public benefit, special provisions can be included in a master program that offer
a potential developer incentives or more latitude than normal master program
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requirements. In return, the devHORSHU¶VSURSRVDOPXVWLQFOXGHHOHPHQWVWKDWIXUWKHUWKH
objectives of the Shoreline Management Act and benefit the public. Implicit in the
concept of mixed-use provisions is that additional development incentives must be
justified by increased and long-term public benefit resulting from the project and that the
public benefit must relate to SMA objectives. Generally in mixed-use projects the water-
oriented uses and non-UHYHQXHUHFUHDWLRQXVHVDUH³VXEVLGL]HG´E\WKHHFRQRPLF
advantages of the other uses in the sense that the water-oriented uses could not be
economically developed without support from viable non-water-oriented uses
Mixed Use Facility A mixed use facility is a structure or development that combines
non-water-oriented uses such as transient accommodations, residential units, or retail
with one or more water-oriented uses in a manner that takes advantage of a shoreline
location and which, as a general characteristic of the use, provides shoreline recreational
and aesthetic enjoyment for a substantial number of people. In order to meet the
definition of a mixed use facility, the facility must be designed to protect views to the
shoreline, must be open to the general public and must be devoted to the specific aspects
of the use that foster shoreline enjoyment.
Moorage Any device or structure used to secure a vessel for temporary anchorage, but
which is not attached to the vessels (such as a docks or buoys).
Moorage Piles Structural members that are driven into the lake bed or tide lands to serve
as a stationary moorage point. They are typically used for moorage of small boats in the
absence of, or instead of, a dock or pier. In some cases, moorage piles may be associated
with a dock or pier.
Mooring Buoy A floating object anchored to the bottom of a water body that provides
tie up capabilities for vessels.
Mooring Buoy Field The existence or establishment of 12 or more mooring buoys in a
contiguous area.
Multiple-Use The combining of compatible uses within one development.
Must A mandate; the action is required.
Native Plants or Native Vegetation Plant species that are indigenous to Fidalgo Island.
Natural A shoreline possessing unique or fragile features that are totally or essentially
unaltered from their natural state or are relatively intolerant of human use other than for
passive historical, cultural, scientific, recreational, archaeological, or educational activity.
Natural or Existing Topography The topography of the lot, parcel, or tract of real
property immediately prior to any site preparation or grading, including excavation or
filling.
Navigable Waters Those waters lying waterward of and below the line of navigability
on lakes not subject to tidal flow, or extreme low tide mark in navigable tidal waters, or
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the outer harbor line where harbor area has been created.
No Net Loss. No net loss of ecological function shall be measured based on the data
submitted with a shoreline application, and SEPA checklist if applicable.
Non-conforming Use or Development A shoreline use or structure or portion thereof
which was lawfully constructed or established prior to the effective date of the Shoreline
Management Act or local shoreline master program provision, or amendments, but no
longer conforms to the policies and regulations of this Master Program.
Non-water-oriented Use A use that has little or no relationship to the shoreline and is
not considered a priority use under the Shoreline Management Act. All uses which do
not meet the definition of water-dependent, water-related, or water-enjoyment are
classified as non-water-oriented uses.
Examples of non-water-oriented uses include professional offices, general retail or
commercial uses, residential development, condominiums, and mini-storage facilities.
Normal Maintenance Those usual acts to prevent a decline, lapse, or cessation from a
lawfully established condition (WAC 173-27-040(2b)). See also ³1RUPDO5HSDLU´
Normal Protective Bulkhead A bulkhead, common to single-family residences,
constructed at or near the ordinary high water mark to protect an existing single-family
residence, and which sole purpose is for protecting land from erosion, not for the purpose
of creating new land (WAC 173-27-040(2c).
Normal Repair Activities that restore the character, size or scope of a project only to the
previously authorized condition within a reasonable period after decay or partial
destruction, excepting that repair involving total replacement which is not common
practice or causes substantial adverse effects to the shoreline resource or environment
shall not be construed as normal repair (WAC 173-27- E 6HHDOVR³1RUPDO
0DLQWHQDQFH´
Noxious Weed Any plant which is invasive, such as Himalayan blackberries, nettles,
Scotch broom, Spartina, and listed on the state noxious weed list in Chapter 16-750
WAC.
Offshore The sloping subtidal area seaward from the low tideland.
Offshore Moorage Device An offshore device anchored or otherwise attached to the sea
bottom used to moor water craft.
Off-site Compensation To compensate for lost or degraded wetlands or other shoreline
environmental resources by creating or restoring these areas on lands other than the site
on which the impacts were located
On-site Compensation To compensate for lost or degraded wetlands or other shoreline
environmental resources by creating or restoring these areas at or adjacent to the site on
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which the impact were located.
Out-of-kind compensation To compensate for lost or degraded wetlands or other
shoreline environmental resources by creating substitute habitat whose characteristics do
not closely approximate those lost or degraded by a development activity.
One-hundred-year Flood The maximum flood expected to occur during a one-hundred-
year period.
Open Space A land area allowing view, use, or passage that is almost entirely
unobstructed by buildings, paved areas, or other man-made structures.
Ordinary High Water Mark ( often abbreviated OHWM) That mark on all lakes,
streams, and tidal waters 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 or as it may naturally change thereafter; or as it may change thereafter in
accordance with permits issued by the local government or the Washington State
Department of Ecology; provided that in any area where the ordinary high water mark
cannot be found, the ordinary high water mark adjoining salt water shall be the line of
mean higher high tide, and the ordinary high water mark adjoining fresh water shall be
the line of mean high water.
Outer Harbor Line A line located and established in navigable waters as provided in
Section 1 of Article 15 of the Washington State Constitution, beyond which the state
shall never sell or lease any rights whatsoever.
Over-water Structure Any device or structure projecting over the ordinary high water
mark, including, but not limited to piers, docks, floats, and moorage or anchor buoys.
Parking Space or Parking Stall Areas providing for the storage of motor vehicles,
including vista-parking facilities. Excepting however, that this definition shall not apply
to vehicle holding areas necessary to support a publicly operated ferry system.
Performance Standard Regulations, which include bulk and dimensional standards that
are applied to the design and function of a development or use.
Permit (or Shoreline Permit) Any substantial development, variance or conditional use
permit, or revision, or any combination thereof, authorized by the Act (WAC 173-27-
030(13)).
Person An individual, firm, partnership, corporation, association, organization, agency,
or any non-federal entity however designated.
Pier A fixed, pile-supported structure in the water.
Pocket Beach In this Master Program, pocket beach refers to an isolated accretion beach
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bordered by shoreline modifications.
Point A low profile beach promontory, generally of triangular shape whose apex extends
seaward.
Pollutant Any substance that has been or may be determined to cause or tend to cause
injurious, corrupt, impure, or unclean conditions when discharged to surface water, air,
ground, sanitary sewer system, or storm drainage system.
Port A center for water-borne commerce and traffic.
Practicable Alternative An alternative that is available and capable of being carried out
after taking into consideration short-term and long-term cost, existing technology, options
of project scale and phasing, and logistics in light of overall project purposes, and having
less impacts to environmentally sensitive areas. It may include using an area not owned
by the applicant that can reasonably be obtained, utilized, expanded, or managed in order
to fulfill the basic purpose of the proposed development.
Priority habitat 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
DWWULEXWHV &RPSDUDWLYHO\KLJKILVKRUZLOGOLIHGHQVLW\ &RPSDUDWLYHO\KLJK
ILVKRUZLOGOLIHVSHFLHVGLYHUVLW\ )LVKVSDZQLQJKDELWDW ,PSRUWDQWZLOGOLIH
KDELWDW ,PSRUWDQWILVKRUZLOGOLIHVHDVRQDOUDQJH ,PSRUWDQWILVKRUZLOGOLIH
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haul-RXW 5HIXJHKDELWDW /LPLWHGDYDLODELOLW\ +LJKYXOQHUDELOLW\WR
habitDWDOWHUDWLRQ 8QLTXHRUGHSHQGHQWVSHFLHV RU6KHOOILVKEHG$SULRULW\
habitat may be described by a unique vegetation type or by a dominant plant species that
is of primary importance to fish and wildlife (such as oak woodlands or eelgrass
meadows). 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 a consolidated marine/estuarine shoreline, caves, snags) of key
value to fish and wildlife. A priority habitat may contain priority and/or non-priority fish
and wildlife.
Priority Species 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 criteria listed below. (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 department of fish and wildlife (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. Examples
include heron colonies, seabird concentrations, and marine mammal congregations.
(c) Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and
Page 195
nonnative fish, shellfish, and wildlife species of recreational or commercial importance
and recognized species used for tribal ceremonial and subsistence purposes that are
vulnerable to habitat loss or degradation. (d) Criterion 4. Species listed under the
federal Endangered Species Act as either proposed, threatened, or endangered.
Priority Use The Shoreline Management Act and this Master Program give preference
to shoreline uses that are water-dependent or water-related, provide public access and
recreational use of the shoreline, as well as other uses which provide an opportunity for
substantial numbers of people to enjoy the shoreline and to single-family residences (See
RCW 90.58.020)
Proposed, Threatened and Endangered (PTE) Species Those native species that are
proposed to be listed or are listed in rule by the Washington State Department of Fish and
Wildlife as threatened or endangered, or that are proposed to be listed as threatened or
endangered or that are listed as threatened or endangered under the federal Endangered
Species Act.
Public Access A means of physical approach to and along the shoreline available to the
general public. This may also include visual approach.
Public Interest The interest shared by the citizens of the state or community at large in
the affairs of government, or some interest by which their rights or liabilities are affected
such as an effect on public property or on health, safety, or general welfare resulting from
a use or development. [WAC 173-27-030(14)]
Public Use Public use means to be made available daily to the general public on a first-
come, first-served basis, and may not be leased to private parties on any more than a day
use basis. (WAC 332-30-106(56))
RCW Revised Code of Washington.
Recreational Facilities Facilities such as parks, trails and pathways, campgrounds, and
swim rafts that provide a means for relaxation, play, or amusement. For the purposes of
this Master Program, recreational uses are divided into two categories:
1. Water-dependent (e.g., boating facilities, fishing pier, swim rafts) and
2. Non-water-dependent. Non water-dependent recreational uses are further
divided into three subcategories based on their relative impact to the
shoreline environment:
a. High Intensity recreational uses require substantial development/ land
modification or large areas of fertilized lawn. Such uses may include
but are not limited to camp grounds, sport courts (e.g.,
tennis/basketball), golf course, sport fields (e.g., ball park), aquatic
center, skateboard park.
b. Moderate Intensity recreational uses are typified by formal parks for
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passive recreation (e.g., Washington and Cap Sane Parks) requiring
some modification of natural conditions, limited paving and often
including accessory structures (e.g., picnic shelters, restrooms, viewing
galleries, gazebos, playground equipment.
c. Low intensity recreational uses are passive in nature (e.g., walking,
photography, wildlife viewing) and require very minimal alteration of
natural conditions. Such uses/modifications may include but are not
limited to trails, vista points, wildlife viewing areas, picnic tables and
benches.
Recycling Facilities Recycling facility means a facility for the collection and/or sorting
and storage of recyclable materials generated from domestic or small business sources,
such as bottles, cans, paper, cardboard, aluminum, and plastics. This definition does not
include facilities for the processing of recyclable materials, which are classified as a
manufacturing use. Recycling facilities are further divided into two categories:
A. Major recycling facilities include facilities primarily dedicated to the
collection, sorting, or purchase and resale of recyclable materials.
B. Minor recycling facilities include bins or other temporary or permanent
facilities for the collection of small quantities of recyclable materials to be
sorted and/or processed elsewhere. A minor facility may be accessory to a
primary use, such as a recycling bin at a grocery store parking lot.
Repair (See Normal Repair)
Residence A dwelling and those structures and developments within a contiguous
ownership that are normal appurtenances. An appurtenance is necessarily connected to
the use and enjoyment of a residence and is located landward of the perimeter of a
wetland, and associated buffers, and landward of the ordinary high water mark. A
normal appurtenance includes a garage, deck, driveway, utilities, fences, and grading that
does not exceed 250 cubic yards.
Residential Development Residential development refers to one or more buildings,
structures, lots, parcels, or portions of parcels that are used or intended to be used to
provide a dwelling for human beings. Residential development includes single-family
residences, duplexes, other detached dwellings, multifamily residences, apartments,
townhouses, mobile home parks, group housing, condominiums, subdivisions, planned
unit developments, and short subdivisions. Residential development also includes
accessory uses and structures such as garages, sheds, tennis courts, swimming pools,
driveways, parking areas, fences, cabanas, and saunas, but not guest cottages, when
allowed by the underlying zoning. Residential development does not include hotels,
motels, or camping facilities.
Restaurant An establishment where food and drink are prepared, served and consumed
primarily within the principal building. Restaurants may qualify as a water-enjoyment
use when located, designed and operated to assure the public's ability to interact with the
Page 197
shoreline. Water-enjoyment design elements may include the incorporation of outdoor
seating areas that are compatible with shoreline public access. Drive-thru restaurants are
not considered water-enjoyment uses and are prohibited in the shoreline designation.
Restore, "restoration" or "ecological restoration" The reestablishment or upgrading
of impaired 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 aboriginal or pre-European
settlement conditions (WAC 173-26-020(27)).
Restoration of ecological functions, above and beyond that which may be required as
mitigation for project impacts, is considered a water-dependent use under this Master
Program.
Retrieval Lines A system by which a float or other floating object is retrieved to a pier,
dock, or shoreland.
Revegetation The planting of vegetation to cover any land areas that have been
disturbed during construction. This vegetation shall be maintained to insure its survival
and shall be consistent with planting requirements of the Anacortes Landscaping Code.
Revetment A revetment is a sloped shoreline structure built to protect an existing
eroding shoreline or newly placed fill against currents and wave action. Revetments are
most commonly built of randomly placed boulders (riprap) but may also be built of sand
cement bags, paving, or building blocks, gabions (rock filled wire baskets) or other
systems and materials. The principal features of a revetment, regardless of type is a
KHDY\DUPRUOD\HUDILOWHUOD\HUDQGWRHSURWHFWLRQ6HHDOVR³EXONKHDGV´
Riprap A layer, facing, or protective mound of stone placed on shoulders, slopes, or
other such places to protect them from erosion, scour, or sloughing of a structure or
embankment; also, the stone so used.
Rock Weir A structure made of loose rock that is designed to control sediment
movement, water flow, or both. A rock weir adjacent to a shoreline is typically formed
by placing rock in a line outward from the shore, with the top of the rock embankment
below the water level to restrict current movements parallel to the shore without
completely blocking flow.
Runoff Water that is not absorbed into the soil but rather flows along the ground surface
following the topography.
Sediment The fine-grained material deposited by water or wind.
SEPA See State Environmental Policy Act.
SEPA Checklist A checklist is required of some projects under SEPA to identify the
probable significant adverse impacts on the quality of the environment. The checklist
Page 198
will also help to reduce or avoid impacts from a proposal, and help the responsible
governmental agency decide whether a full environmental impact statement (EIS) is
required (WAC 197-11-960).
Scientific, Cultural and Educational Facilities Those sites, structures, or facilities that
provide unique insight into our natural and cultural heritage.
Sea wall A bulkhead, except its primary purpose is to artificially armor the shore from
erosion by water waves and it may incidentally retain uplands or fills. Sea walls are
usually more massive than bulkheads or revetments because they are designed to resist
the full force of waves.
Second Class Shoreland Land bordering on the shore of a navigable lake or river not
subject to tidal flow, between the line of ordinary high water and the line of navigability
and within or in front of the corporate limits of any City or within two miles thereof upon
either side.
Second Class Tideland Land over which the tide ebbs and flows outside and more than
two miles from the corporate limits of any City from the line of ordinary high tide to the
line of extreme low tide.
Setbacks $³6HWEDFN \DUGUHTXLUHPHQWV ´PHDQVWKHGLVWDQFHEHWZHHQDEXLOGing and
its property lines. B. Shoreline Environment Setbacks ± the distance between a building
or use and the ordinary-high water-mark (OHWM) as established for each specific
environmental designation under Chapter 5of this Master Program.
Shall Indicates a mandate; the particular action must be done, unless a variance is
secured or another appropriate exception applies.
Shore Defense Works Structures or modifications for the purpose of retarding shore
erosion from waves or current action, protecting channels and harbors from wave action,
encouraging deposition of beach materials, preventing stream bank overflow, and
retaining uplands. They may consist of bulkheads, seawall, dikes, revetments,
breakwaters, jetties, groins, or gabions. Defense works are commonly constructed from
quarry rock (rip-rap), treated wood, concrete, steel, and sand and gravel.
Shoreland Areas or Shorelands Those lands extending landward for two hundred (200)
feet in all directions as measured on a horizontal plane from the ordinary high water
mark, including all wetlands associated with the shoreline which are subject to the
provisions of this chapter; the same to be designated as to location by the Washington
Department of Ecology (see also RCW 90.58.030).
Shoreline Administrator See Administrator.
Shoreline areas and shoreline jurisdiction All "shorelines of the state" and "shorelands"
as defined in RCW 90.58.030.
Shoreline Environment(s) See Environment
Page 199
Shoreline Management Act of 1971 A law passed by the Washington State Legislature
in 1971 and ratified by the voters in 1972 (reference RCW 90.58).
Shoreline master program or master program 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 a shoreline master program 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 shoreline master program 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 Those actions that modify the physical configuration or
qualities of the shoreline area, usually through the construction of a physical element
such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline
structure. They can include other actions, such as clearing, grading, or application of
chemicals.
Shoreline Permit A permit to conduct a development or use as defined by RCW 90.58
and this Master Program. A shoreline permit means any form of permission required
under RCW 90.58 prior to undertaking activity on shorelines of the state, including
substantial development, conditional use or variance permits.
Shoreline Setback Line Unless otherwise indicated within this Master Program, the
line which establishes the limits of all buildings, structures and fencing along the
shoreline. Setback lines are based upon land use patterns while setbacks associated with
EXIIHUVDUHLQWHQGHGWRSURWHFWFULWLFDODUHDV 6HH³EXIIHUDUHDV´
Shoreline setbacks are measured horizontally in a line perpendicularly from the ordinary
high water mark (OHWM) to the most waterward part of the structure.
Shorelines All the water area of Anacortes, including their associated wetlands, together
with lands underlying them, except:
a. Shorelines of statewide significance.
b. Shorelines or segments of streams upstream of a point where the mean
annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments.
c. Shorelines on lakes less than twenty acres in size and wetlands associated
with such small lakes.
Shorelines Hearings Board A state-level quasi-judicial body, created by the SMA,
which hears appeals by any aggrieved party on the issuance of a shoreline permit,
enforcement penalty and appeals by local government on DOE approval of master
programs, rules, regulations, guidelines or designations under the SMA. See RCW
Page 200
90.58.170; 90.58.180; and WAC 173-27-220 and 173-27-290.
Shorelines of the State The total of all shorelines and shorelines of statewide
significance.
Shorelines of Statewide Significance A shoreline of the state with respect to the City of
Anacortes as identified as follows: Those areas of Puget Sound and the Strait of Juan de
Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line
of extreme low tide. Padilla Bay, from March Point to William Point, is also identified as
a specific estuarine area and is considered a Shoreline of Statewide Significance
waterward from the ordinary high water mark and all associated shorelands.
Should A particular action is required unless there is a demonstrated, compelling reason,
based on policy of the Shoreline Management Act and these regulations, against taking
the action.
Sign Any visual communication device, structure, placard or fixture that uses color,
form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or
identify the purpose of a person or entity, or to communicate information of any kind to
the public. For the purpose of this chapter, a sign is not considered to be building or
structural design, but is restricted solely to graphics, symbols or written copy that is
meant to be used in the aforementioned way. However, a sign shall not include the
following:
a. Official notices authorized by a court, public body or public officer.
b. Direction, warning, or information sign authorized by federal, state, or
municipal authority.
c. The official flag, emblem, or insignia of a government, school or religious
group or agency.
d. A memorial plaque or tablet, or cornerstones indicating the name of a
building and date of construction, when cut or carved into any masonry
surface or when made of bronze or other incombustible part of the building
RUVWUXFWXUH 6HHDOVR³$GYHUWLVLQJ´
Significant vegetation removal 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 to 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.
Single-family dwelling ± VHH³'ZHOOLQJVLQJOH-IDPLO\´
SMA See Shoreline Management Act.
Page 201
Soil Bioengineering An applied science that combines structure, biological and
ecological concepts to construct living structures that stabilizes the soil to control erosion,
sedimentation and flooding using live plant materials as a main structural component.
Solid Waste Solid waste includes all putrescible and nonputrescible solid and semisolid
wastes, including garbage, rubbish, ashes, industrial wastes, wood wastes and sort yard
wastes associated with commercial logging activities, swill, demolition and construction
wastes, abandoned vehicles and parts of vehicles, household appliances and other
discarded commodities. Solid waste does not include sewage, dredge material or
agricultural or other commercial logging wastes not specifically listed above.
State Environmental Policy Act, (SEPA) SEPA requires state agencies, local
governments and other lead agencies to consider environmental impacts when making
most types of permit decisions, especially for development proposals of a significant
scale. As part of the SEPA process, EISs may be required to be prepared and public
comments solicited.
State master program The cumulative total of all shoreline master programs and
amendments thereto approved or adopted by rule by the department.
Stream A body of running water; especially such a body moving over the earth's surface
in a channel or bed, as a brook, rivulet, or river.
Structure A permanent or temporary edifice or building, or any piece of work
artificially built or composed of parts joined together in some definite manner on, above,
or below the surface of the ground or water, except for vessels.
Substantial Development Any development that:
a. The total cost or fair market value exceeds the amount specified in WAC
173-27-040(2)(a); or
b. Materially interferes with the normal public use of the water or shorelines of
the state.
A list of developments not considered substantial development is provided in
Section 2.4 of this Master Program.
Substantially degrade To cause significant ecological impact
Swamp A lowland region saturated with water.
Temporary building or structure A building or structure not having or requiring
permanent attachment to the ground or to other structures.
Temporary use A use established for a fixed period of time with the intent to
discontinue such use upon the expiration of such time. Such uses do not involve the
construction or alteration of any permanent structure.
Page 202
Top of Slope The top of slope is a distinct, topographical break in slope that separates
slopes inclined at less than forty percent (40%) from slopes forty percent (40%) or
steeper. When no distinct break exists, the top of slope is the upper most limits of the area
where the ground surface drops ten (10) feet or more vertically within a horizontal
distance of twenty-five (25) feet.
Toe of Slope The toe of slope is a distinct topographical break in slope that separates
slopes inclined at less than forty percent (40%) from slopes forty percent (40%) or
steeper. When no distinct break exists, the toe of slope of a steep slope is the lowermost
limit of the area where the ground surface drops ten (10) feet or more vertically within a
horizontal distance of twenty-five (25) feet.
Tombolo A causeway-like accretion spit connecting an offshore rock or island with the
main shore.
Truck Maneuvering Area An area of a site used by trucks for turning and backing or
for access to loading/unloading areas.
Upland The area above and landward of the ordinary high water mark.
Use or Use Activity The purpose or activity for which the land, or building thereon, is
designed, arranged or intended, or for which it is occupied or maintained and shall
include any manner of performance or operation of such activity with respect to the
provision of this title. The definition of "use" also includes the definition of
"development."
Utility A service or facility that produces, transmits, stores, processes, or disposes of
electrical power, gas, water, sewage, communications, oil, and the like, Utilities have
been categorized in this Master Program as primary, accessory, and personal wireless
facilities:
a) Primary utilities are services and facilities that produce, transmit, carry,
store, process or dispose of power, gas, water, sewage, communications
(excepting wireless facilities, see below), oil and the like. For example:
sewage treatment plants and outfalls, public high-tension utility lines, power
generating or transfer stations, gas distribution lines and storage facilities.
b) Accessory utilities are small-scale distribution services directly serving a
permitted shoreline use. For example, power, telephone, cable,
communication antennas, water, sewer lines, including stormwater systems.
c) Personal wireless facilities meaning any unstaffed facility for the
transmission and/or reception of personal wireless services. This can consist
of an equipment shelter or cabinet, a support structure or existing structure
used to achieve the necessary elevation, and the antenna or antenna array.
Variance A means of granting relief from specific bulk, dimensional or performance
standards set forth in the applicable master program to a particular piece of property,
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which property, because of special circumstances is deprived of privileges commonly
enjoyed by other properties in the same vicinity and environmental designation, and not a
means to vary from the permitted uses of a shoreline.
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Vegetation Stabilization Planting of water-loving land vegetation upon shoreline banks,
slopes, or berms to retain soil and retard erosion from surface run-off; planting of aquatic
vegetation offshore to reduce wave action and retain bottom materials; and utilizing
temporary structures or netting to enable plants to establish in unstable areas.
Vessel Ship, boat, barge, or any other floating craft that is designed and used for
navigation and does not interfere with the normal public use of the water.
Waste Disposal Refuse composed of garbage, rubbish, ashes, dead animals, demolition
wastes, automobile parts, and similar material.
Water-dependent Use A use or a portion of a use, which, as its primary characteristic,
cannot exist in any other location than on the water because it is dependent on the water
by the intrinsic nature of its operations.
Water-enjoyment Use A shoreline recreational use such as a park, pier, or other use that
facilitates public access to the shoreline as a primary characteristic of the use; or, a use
that provides for passive/active recreational use or aesthetic enjoyment of the shoreline
for a substantial number of people as a general character of the use and which, through
location, design and operation assure the public's ability to enjoy the physical and/or
aesthetic qualities of the shoreline.
In order to qualify as a water-enjoyment use, the use must be open to the public and most
if not all of the shoreline oriented space within the project must be devoted to the specific
aspects of the use that foster shoreline enjoyment.
Water-enjoyment uses may include, but are not limited to, shoreline parks, public access
piers or other improvements (e.g., walkways or boardwalks) facilitating public access to
WKHVKRUHOLQHVRIWKHVWDWHRUWKDWIRVWHUWKHSXEOLF¶VDZDUHQHVVand understanding of the
shorelines of the state (e.g., shoreline or maritime-related museums, and
scientific/ecological reserves).
Other uses, including mixed-use developments, may qualify as water-enjoyment uses if
they include a mix of more than one of the general water-enjoyment uses designed to take
advantage of a waterfront location, protect views of the water, enhance pedestrian traffic,
and display and sell merchandise oriented to marine uses or other office and research
functions contributing to marine activities. Examples may include those uses listed
below:
a. Ecological and Scientific Reserves
b. Waterfront Parks
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c. Beaches for Public Use
d. Aquariums Available to the Public
e. Museums - Marine Oriented or Natural History Museums
f. Restaurants providing substantial public access and/or public views to the
water for non-paying customers and not necessarily limited to working
hours of operation.
Water-oriented Use A use or a portion of a use which is either a water-dependent,
water-related, or water-enjoyment use, or any combination thereof. All uses which do
not meet the definition of water-dependent, water-related, or water-enjoyment are
classified as non-water-oriented uses.
Water-related Use A use or portion of a use that is not intrinsically dependent on a
waterfront location, but whose operation cannot occur economically without a shoreline
location. Water-related uses contribute to the marine trades, maritime educational uses or
maritime heritage uses or activities of a particular shoreline designation because of the
following:
a. A functional requirement for a waterfront location, such as the arrival or
shipment of materials by water (e.g., fish processors), or the ability to work
on boats that are moored in a marina (e.g., sail lofts, riggers, boat repair) or;
b. The use provides a necessary service supportive of the water-dependent,
water-related commercial activities and the proximity of the use to its
customers and marine trades businesses makes its services less expensive
and more convenient. Examples include marine chandleries or marine
hardware stores, boat shops, marine electrical services, marine metal work
or fabrication, or manufacturers of boat parts or supplies that are necessary
for a viable marine trades economy; or
c. The use provides marine-related services necessary to serve in-water
marinas and on-land boatyards that provide a cluster of marine-related
businesses that derive an economic benefit from close proximity to one
another. Examples include boat dealers and brokers, marine surveyors and
marine architects, moorage offices, shower and laundromat facilities for
moorage guests, and specialized professional services to support the marine
trades; or
d. The use provides maritime educational or maritime heritage activities that
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activities that support water-dependent uses, water-related uses and marine-
related services. Examples include yacht or sail club facilities, diving shops
with classes and/or rentals, recreational services that promote on-the-water
activities (e.g., kayak rentals) and interpretive and educational facilities that
provide demonstration areas or classrooms for marine trades or marine-
Page 205
related ecology or educational workshops, seminars or classes (e.g.,
vocational boat schools or maritime educational centers).
Watershed Restoration Plan A plan, developed or sponsored by the Department of
Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the
Department of Transportation, a federally recognized Indian tribe acting within and
pursuant to its authority, a City, a county, or a conservation district that provides a
general program and implementation measures or actions for the preservation,
restoration, re-creation, or enhancement of the natural resources, character, and ecology
of a stream, stream segment, drainage area, or watershed for which agency and public
review has been conducted pursuant to chapter 43.21C RCW, the State Environmental
Policy Act.
Wetlands or Wetland Areas Areas that are inundated or saturated by surface or ground
water 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 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 if permitted by the City (RCW
36.70A.030(21)).
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Page 206
APPENDIX A SHORELINE CRITICAL AREAS
REGULATIONS
A-1. Frequently Flooded Areas
(FEMA Approved)
A-1.1 Statutory authorization, findings of fact, purpose,
and objectives.
A. Statutory Authorization.
The legislature of the state of Washington has delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore, the city council of
Anacortes, does ordain as follows:
1. Findings of Fact.
a. The flood hazard areas of Anacortes are subject to periodic inundation
which results in loss of life and property, health, and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety, and general
welfare.
b. These flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in other areas. Uses that
are inadequately flood proofed, elevated, or otherwise protected from
flood damage also contribute to the flood loss.
2. Statement of Purpose. It is the purpose of these regulations to promote the
public health, safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions designed:
a. To protect human life and health;
b. To minimize expenditure of public money and costly flood control
projects;
c. To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
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d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in
areas of special flood hazard;
f. To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
g. To ensure that potential buyers are notified that property is in an area of
special flood hazard; and
h. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
3. Methods of Reducing Flood Losses. In order to accomplish its purposes, these
regulations include methods and provisions for:
a. Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
b. Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
c. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel
floodwaters;
d. Controlling filling, grading, dredging, and other development which may
increase flood damage; and
e. Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters or may increase flood hazards in other
areas.
A-1.2 Definitions.
Unless specifically defined below or in Chapter 12 of the SMP, words or phrases used in
these regulations shall be interpreted so as to give them the meaning they have in
common usage and to give these regulations their most reasonable application.
"Appeal" means a request for a review of the interpretation of any provision of
these regulations or a request for a variance.
Page 208
"Area of shallow flooding" means a designated AO, or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet;
a clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and, velocity flow may be evident. AO is characterized as sheet
flow and AH indicates ponding.
"Area of special flood hazard" means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. Designation on maps always includes the letters A or V.
"Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year. Also referred to as the "one hundred-year flood."
Designation on maps always includes the letters A or V.
"Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
"Breakaway wall" means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under
specific lateral loading forces, without causing damage to the elevated portion of
the building or supporting foundation system.
"Coastal high hazard area" means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any
other area subject to high velocity wave action from storms or seismic sources.
The area is designated on the FIRM as Zone V1-30, VE or V.
"Critical facility" means a facility for which even a slight chance of flooding
might be too great. Critical facilities include, but are not limited to, schools,
nursing homes, hospitals, police, fire and emergency response installations,
installations which produce, use or store hazardous materials or hazardous waste.
"Development" means any human-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment
or materials located within the area of special flood hazard.
"Elevated building" means for insurance purposes, a nonbasement building which
has its lowest elevated floor raised above ground level by foundation walls, shear
walls, post, piers, pilings, or columns.
"Existing manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed before the effective date of the adopted
floodplain management regulations.
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"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including the installation
of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads).
"Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
"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 community.
"Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the flood boundary-
floodway map, and the water surface elevation of the base flood.
"Lowest floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is not built so as
to render the structure in violation of the applicable nonelevation design
requirements of these regulations found at Section A-1.5(B)(1)(b).
"Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous) of land
divided into two or more manufactured home lots for rent or sale.
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of the ordinance codified in these
regulations.
"New manufactured home park or subdivision" means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after the effective date of
adopted floodplain management regulations.
Page 210
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
"Scientist, Professional Wetland" means a professional wetland scientist shall be
certified through the Society of Wetland Scientists Professional Certification
Program.
"Start of construction" includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, placement or other improvement was within one hundred eighty
days of the permit date. 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
foundations 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.
"Structure" means a walled and roofed building including a gas or liquid storage
tank that is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent of the market value of the structure before the
damage occurred.
"Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure either:
1. Before the improvement or repair is started; or
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2. If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
1. 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 which are the minimum
necessary to assure safe living conditions, or
2. Any alteration of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
A-1.3 General provisions.
A. Lands to Which These Regulations Apply. These regulations shall apply to all
areas of special flood hazards within the shoreline jurisdiction of the City of
Anacortes.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special
flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for the City of Anacortes"
dated March 17, 2003, and any revisions thereto, with an accompanying Flood
Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by
reference and declared to be a part of these regulations. The Flood Insurance
Study and the FIRM are on file at 904-6th Street. The best available information
for flood hazard area identification as outlined in Subsection A-1.4(C)(2) of these
regulations shall be the basis for regulation until a new FIRM is issued which
incorporates the data utilized under Subsection A-1.4(C)(2) of these regulations.
C. Penalties for Noncompliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with the terms of
these regulations and other applicable regulations. Violations of the provisions of
these regulations by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with
conditions), shall constitute a misdemeanor. Any person who violates these
regulations or fails to comply with any of its requirements shall upon conviction
thereof be fined not more than one thousand ($1,000) dollars or imprisoned for
not more than ten days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent
the Shoreline Administrator from taking such other lawful action as is necessary
to prevent or remedy any violation.
Page 212
D. Abrogation and Greater Restrictions. These regulations are not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where these regulations and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
E. Interpretation. In the interpretation and application of these regulations, all
provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state
statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by
these regulations is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes. These
regulations do not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages.
These regulations shall not create liability on the part of the city of Anacortes, any
officer or employee thereof, or the Federal Insurance Administration, for any
flood damages that result from reliance on these regulations or any administrative
decision lawfully made hereunder.
A-1.4 Administration.
A. Establishment of development permit.
1. Development Permit Required. A development permit and the appropriate
shoreline permit shall be obtained before construction or development begins
within any area of special flood hazard established in Subsection A-1.3(B) of
these regulations. The permit shall be for all structures including
manufactured homes, as set forth in the "Definitions," and for all development
including fill and other activities, also as set forth in the "Definitions."
2. Application for Development Permit. Application for a development permit
shall be made on forms furnished by the city of Anacortes and may include,
but not be limited to, plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question; existing or
proposed structures, fill, storage of materials, drainage facilities, and the
location of the foregoing. Specifically, the following information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
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b. Elevation in relation to mean sea level to which any structure has been
floodproofed;
c. Certification by a registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet the
floodproofing criteria in Subsection A-1.5(B)(2) of these regulations; and
d. Description of the extent to which a watercourse will be altered or
relocated as a result of proposed development.
B. Designation of the Shoreline Administrator. The Administrator is hereby
appointed to administer and implement these regulations.
C. Duties and Responsibilities of the Shoreline Administrator. Duties of the
Administrator shall include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit requirements
of these regulations have been satisfied.
b. Review all development permits to determine that all necessary permits
have been obtained from those federal, state, or local governmental
agencies from which prior approval is required.
c. Review all development permits to determine if the proposed development
is located in the floodway. If located in the floodway, assure that the
encroachment provisions of Subsection A-1.5(D) of these regulations are
met.
2. Use of Other Base Flood Data (In A and V Zones). When base flood elevation
data has not been provided (A and V Zones) in accordance with Subsection A-
1.3(B), basis for establishing the areas of special flood hazard, the
Administrator shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in
order to administer Subsection A-1.5(B), specific standards, and Subsection
A-1.5(D), critical facility.
3. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance
Study, FIRM, or required as in subsection (C)(2) of this section, obtain
and record the actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved structures,
and whether or not the structure contains a basement.
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b. For all new or substantially improved floodproofed structures where base
flood elevation data is provided through the Flood Insurance Study, FIRM,
or as required in subsection (C)(2) of this section:
i. Obtain and record the elevation (in relation to mean sea level) to which
the structure was floodproofed; and
ii. Maintain the floodproofing certifications required in subsection
(A)(2)(c) of this section.
c. Maintain for public inspection all records pertaining to the provisions of
these regulations.
4. Alteration of Watercourses.
a. Notify adjacent communities and the Department of Ecology prior to any
alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not
diminished.
5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to
exact location of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped boundary
and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in subsection (D) of this section.
D. Variance Procedure.
1. Requests for variances from the requirements of these regulations shall be
reviewed and processed as outlined in Section 3.2 of this Master Program
and Chapter 18.16 AMC.
2. In passing upon such applications, the decision maker shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of these regulations, and:
a. The danger that materials may be swept onto other lands to the injury of
others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
Page 215
d. The importance of the services provided by the proposed facility to the
community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated
development;
h. The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and
k. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets and
bridges.
l. Upon consideration of the factors of subsection (D)(1)(d) of this section
and the purposes of these regulations, the board of adjustment may attach
such conditions to the granting of variances as it deems necessary to
further the purposes of these regulations.
m. The Administrator shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administration upon request.
2. Conditions for Variances. In addition to meeting the criteria for Shoreline
Variances outline in Section 3.2(C) of this Master Program, Shoreline
Variances in frequently flooded areas may only be approved in the following
circumstances:
a. Generally, the only condition under which a variance from the elevation
standard may be issued is for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (i through xi) in subsection
(D)(1)(d) of this section have been fully considered. As the lot size
increases the technical justification required for issuing the variance
increases.
Page 216
b. Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures
set forth in this section.
c. Variances shall not be issued within a designated floodway if any increase
in flood levels during the base flood discharge would result.
d. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
e. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
iii. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
iv. A demonstration that no net loss of critical areas functions and values
will occur as a result.
f. Variances as interpreted in the National Flood Insurance Program are
based on the general zoning law principle that they pertain to a physical
piece of property; they are not personal in nature and do not pertain to the
structure, its inhabitants, economic or financial circumstances. They
primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be
quite rare.
g. Variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree of floodproofing than watertight or
dry-floodproofing, where it can be determined that such action will have
low damage potential, complies with all other variance criteria except
subsection (D)(2)(a) of this section, and otherwise complies with
Subsections A-1.5(A)(1), (3) and (4) of the general standards.
h. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest
floor elevation.
Page 217
A-1.5 Provisions for flood hazard reduction.
A. General Standards. In all areas of special flood hazards, the following standards
are required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
b. All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include,
but are not limited to, use of over-the-top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques).
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities shall be designed and/or otherwise elevated or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems;
b. The proposed water well shall be located on high ground that is not in the
floodway (WAC 173-160-171);
c. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and
discharges from the systems into floodwaters; and
d. Onsite waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize
flood damage;
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b. All subdivision proposals shall have public utilities and facilities, such as
sewer, gas, electrical, and water systems located and constructed to
minimize or eliminate flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
d. Where base flood elevation data has not been provided or is not available
from another authoritative source, it shall be generated for subdivision
proposals and other proposed developments which contain at least fifty
lots or five acres (whichever is less).
5. Review of Building Permits. Where elevation data is not available either
through the Flood Insurance Study, FIRM, or from another authoritative
source (Subsection A-1.4(C)(2)), applications for building permits shall be
reviewed to assure that proposed construction will be reasonably safe from
flooding. The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of past flooding, etc., where
available. Failure to elevate at least two feet above the highest adjacent grade
in these zones may result in higher insurance rates.
B. Specific Standards. In all areas of special flood hazards where base flood
elevation data has been provided (Zones A1-30, AH, and AE) as set forth in
Subsection A-1.3(B), basis for establishing the areas of special flood hazard, or
Subsection A-1.4(C)(2), use of other base flood data (In A and V Zones), the
following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more
above the base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the
following minimum criteria:
i. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided;
ii. The bottom of all openings shall be no higher than one foot above
grade;
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iii. Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters.
2. Nonresidential Construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall either
have the lowest floor, including basement, elevated one foot or more above
the base flood elevation; or, together with attendant utility and sanitary
facilities, shall:
a. Be floodproofed so that below one foot or more above the base flood level
the structure is watertight with walls substantially impermeable to the
passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the
design and methods of construction are in accordance with accepted
standards of practice for meeting provisions of this subsection based on
their development and/or review of the structural design, specifications
and plans. Such certifications shall be provided to the official as set forth
in Subsection A-1.4(C)(3)(b) of these regulations;
d. Nonresidential structures that are elevated, not floodproofed, must meet
the same standards for space below the lowest floor as described in
subsection (B)(1)(b) of this section;
e. Applicants floodproofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one foot below
the floodproofed level (e.g. a building floodproofed to the base flood level
will be rated as one foot below).
3. Manufactured Homes.
a. All manufactured homes to be placed or substantially improved on sites:
i. Outside of a manufactured home park or subdivision,
ii. In a new manufactured home park or subdivision,
iii. In an expansion to an existing manufactured home park or subdivision,
or
iv. In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of
a flood;
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Shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood
elevation and be securely anchored to an adequately designed foundation
system to resist flotation, collapse and lateral movement.
b. Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision that are not subject to the
above manufactured home provisions be elevated so that either:
i. The lowest floor of the manufactured home is elevated one foot or
more above the base flood elevation, or
ii. The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less
than thirty-six inches in height above grade and be securely anchored to
an adequately designed foundation system to resist flotation, collapse,
and lateral movement.
4. Recreational Vehicles. Recreational vehicles placed on sites are required to
either:
a. Be on the site for fewer than one hundred eighty consecutive days;
b. Be fully licensed and ready for highway use, on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions; or
c. Meet the requirements of subsection (B)(3) of this section and the
elevation and anchoring requirements for manufactured homes.
C. Coastal High Hazard Areas. Located within areas of special flood hazard
established in Subsection A-1.3(B) of these regulations are coastal high hazard
areas, designated as Zones V1-30, VE and/or V. These areas have special flood
hazards associated with high velocity waters from surges and, therefore, in
addition to meeting all provisions in these regulations, the following provisions
shall also apply:
1. All new construction and substantial improvements in Zones V1-30 and VE
(V if base flood elevation data is available) on the community's FIRM shall be
elevated on pilings and columns so that:
a. The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated one foot or more above the
base flood level, and
b. The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all building components. Wind
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and water loading values shall each have a one percent chance of being
equaled or exceeded in and given year (one hundred-year mean recurrence
interval).
A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of this section.
2. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all
new and substantially improved structures in Zones V1-30, VE, and V on the
community's FIRM and whether or not such structures contain a basement.
The Administrator shall maintain a record of all such information;
3. All new construction within Zones V1-30, VE, and V on the community's
FIRM shall be located landward of the reach of mean high tide;
4. Provide that all new construction and substantial improvements within Zones
V1-30, VE, and V on the community's FIRM have the space below the lowest
floor either free of obstruction or constructed with nonsupporting breakaway
walls, open wood lattice-work, or insect screening intended to collapse under
wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting
foundation system. For the purposes of this section, a breakaway wall shall
have a design safe loading resistance of not less than ten and no more than
twenty pounds per square foot. Use of breakaway walls which exceed a design
safe loading resistance of twenty pounds per square foot (either by design or
when so required by local or state codes) may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet the
following conditions:
a. Breakaway wall collapse shall result from water load less than that which
would occur during the base flood, and
b. The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage
due to the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). Maximum wind and
water loading values to be used in this determination shall each have a one
percent chance of being equaled or exceeded in any given year (one
hundred-year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be useable solely
for parking of vehicles, building access, or storage. Such space shall not be
used for human habitation.
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5. Prohibit the use of fill for structural support of buildings within Zones V1-30,
VE, and V on the community's FIRM;
6. Prohibit man-made alteration of sand dunes within Zones V1-30, VE, and V
on the community's FIRM which would increase potential flood damage;
7. All manufactured homes to be placed or substantially improved within Zones
V1-30, V, and VE on the community's FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision, or
d. In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a
flood;
Meet the standards of subsections (C)(1) through (6) of this section and that
manufactured homes placed or substantially improved on other sites in an existing
manufactured home park or subdivision within Zones V1-30, V, and VE on the
FIRM meet the requirements of subsection (B)(3) of this section.
8. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the
community's FIRM either:
a. Be on the site for fewer than one hundred eighty consecutive days,
b. Be fully licensed and ready for highway use, on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions, or
c. Meet the requirements of Subsection A-1.4(A)(1) of these regulations,
development permit required and subsection (C)(1) through (6) of this
section.
D. Critical Facility. Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the special flood hazard area (SFHA) (one
hundred-year floodplain). Construction of new critical facilities shall be
permissible within the SFHA if no feasible alternative site is available. Critical
facilities constructed within the SFHA shall have the lowest floor elevated three
feet or to the height of the five hundred-year flood, whichever is higher. Access to
and from the critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to ensure that toxic substances
will not be displaced by or released into floodwaters. Access routes elevated to or
above the level of the base flood elevation shall be provided to all critical
facilities to the extent possible.
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A-2. Aquifer Recharge Areas
A-2.1 Aquifer recharge areas.
A. Intent. This section establishes areas determined to be critical in maintaining both
groundwater quantity and quality. This section specifies regulatory requirements
to be enacted when development within these areas is proposed to occur and
provides a methodology by which the city will determine the level of review and
any mitigations required. The intent of this section is to:
1. Define minimum regulatory requirements to protect groundwater quality and
quantity for existing and future use;
2. Identify the practices, alternatives, or mitigations that can minimize the
adverse impacts of proposed projects; and
3. Ensure adequate design, construction, management, and operations to protect
groundwater quality and quantity.
B. Existing and future beneficial uses of groundwater shall be maintained and
protected and degradation of groundwater quality that would interfere with or
become injurious to beneficial uses shall be avoided or minimized.
C. Wherever groundwaters are determined to be of a higher quality than the criteria
established for said waters under this section, the existing water quality shall be
protected, and contaminants that will reduce the existing quality thereof shall not
be allowed to enter such waters, except in those instances where it can be
demonstrated that:
1. An overriding consideration of the public interest will be served; and
2. All contaminants proposed for entry into said groundwater(s) shall be
provided with all known, available, and reasonable methods of prevention,
control, and treatment prior to entry.
D. It is the intent of this regulation to be consistent with and implement the
requirements of RCW 90.48, RCW 90.54, WAC 173-200, WAC 173-201A, WAC
173-160, WAC 246-290, and WAC 246-291, as the same may hereafter be
amended.
A-2.2 Aquifer recharge area designations.
The city through this section, hereby designates two categories for aquifer recharge areas.
These categories are designated to assist the Administrator in determining the level of
assessment necessary to evaluate specific land use proposals. The categories are based on
the determination that certain areas require additional scrutiny of the potential impacts of
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a proposed land use with consideration given to hydrogeologic vulnerability. All
designated areas are subject to change as data and information are updated or become
available.
A. Designation Categories.
1. Category I areas are those so designated because of the need to provide them
special protection due to a specific preexisting land use, or because they are
identified by the city, county, state or federal government as areas in need of
special aquifer protection where a proposed land use may pose a potential risk
which increases aquifer vulnerability.
Category I includes areas served by groundwater which have been designated
as a "Sole Source Aquifer Area" under the Federal Safe Drinking Water Act;
areas identified within a "closed" or "low-flow" stream watershed designated
by the Department of Ecology pursuant to RCW 90.22; areas identified by the
city or county as sea water intrusion areas; and areas designated as "Wellhead
Protection Areas" pursuant to WAC 246-290-135(4) and the groundwater
contribution area in 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, those group B wells with a
wellhead protection plan filed with the Skagit County Health Department, or
plats served by five or more individual wells where the average lot size is
equal to or less than two acres for which a well head protection plan has been
completed and filed with the Skagit County Health Department, Category I
areas are shown on the aquifer recharge area map.
2. Category II is designated as areas throughout the city not identified as
Category I areas.
3. When any portion of the proposed project area lies partly within a Category I
area, the proposed project shall be subject to the level of scrutiny provided for
Category I area.
4. Areas with a critical recharging effect on aquifers used for potable water as
defined by WAC 365-190-030(2). Critical aquifer recharge areas have
prevailing geologic conditions associated with infiltration rates that create a
high potential for contamination of groundwater resources or contribute
significantly to the replenishment of groundwater.
A-2.3 Applicability and prohibited activities.
A. Applicability. All development projects are subject to the provisions of this
section except for the following:
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1. Existing activities that currently and legally exist at the time this section
became effective. However, expansions or changes in use are subject to this
section and the review process contained herein;
2. Single-family residential building permits, including accessory building
permits, which are outside Category I areas;
3. Residential short plats outside Category I areas where each lot is two and one-
half acres or greater;
4. Single-family residential building permits where a site assessment report was
required to be completed for the land division, in which case, to meet the
conditions of this exemption, the applicant must comply with the recorded plat
notes and the applicable mitigations contained in the site assessment report.
B. Prohibited Activities. The following activities are prohibited in Category I areas
due to the probability and/or potential magnitude of their adverse effects on
groundwater:
1. Landfill activities as defined in WAC 173-304 and WAC 173-351;
2. Class V injection wells, including:
a. Agricultural drainage wells,
b. Untreated sewage waste disposal wells,
c. Cesspools,
d. Industrial process water and disposal wells, and
e. Radioactive waste disposal;
3. Radioactive disposal sites;
4. Mining;
a. Metals and hard rock mining;
b. Sand and gravel mining are prohibited in critical aquifer recharge areas
determined to be highly susceptible or vulnerable unless a stormwater
quality management plan is approved by the city council;
5. Wood Treatment Facilities. Wood treatment facilities that allow any portion
of the treatment process to occur over permeable surfaces (both natural and
manmade);
6. Other Prohibited Uses or Activities.
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a. Activities that would significantly reduce the recharge to aquifers
currently or potentially used as a potable water source,
b. Activities that would significantly reduce the recharge to aquifers that are
a source of significant baseflow to a regulated stream, and
c. Activities that are not connected to an available sanitary sewer system are
prohibited from critical aquifer recharge areas associated with sole source
aquifers.
A-2.4 Initial project review.
A. General Procedures. Applicants for all development projects not allowed under
Subsection A-2.3 of these regulations shall be required, through a site assessment
report prepared pursuant to Section A-2.5 of these regulations, to evaluate
potential impacts to aquifer recharge areas, and appropriate mitigation measures
to reduce or eliminate the potential for adversely impacting aquifer recharge areas
shall be identified. The level of study and report detail required will be
determined by the Shoreline Administrator based on the type of land use being
proposed, the designated aquifer recharge area category, and the vulnerability of
the underlying aquifer(s) to contamination.
The goal of this section is to require applicants to identify and characterize
vulnerability only to the level necessary to determine appropriate mitigation
measures necessary, to either reduce potential adverse impact to established
parameters or eliminate potential adverse impacts to underlying aquifer(s).
B. Scoping. The level of study which will be required of the applicant by the
Shoreline Administrator for a given development will be based on an initial
project review by the planning department that may include staff from the county
health department. Elements for the report that are required at a minimum and
other elements that may be required as part of the scope for the study are listed in
Subsection A-2.5 of these regulations. Subsequent findings from the study or
other information made available after the initial project review may obligate the
applicant to additional evaluation, development of a mitigation plan, and/or
development of a groundwater monitoring plan. The following outlines the review
process:
1. The Shoreline Administrator shall review the project and determine the
required scope of the site assessment report. The scope of site assessment
required shall be conveyed to the applicant and/or his or her representative in
writing. The applicant may present evidence to the Shoreline Administrator to
justify reduction in the scope for the site assessment report.
2. Four copies of the site assessment report shall be submitted to the planning
department for review. The Shoreline Administrator shall either approve the
site assessment report as submitted, require additional evaluation, or require
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development of a mitigation plan. If additional information is required beyond
the initial site assessment report, the applicant and/or his or her representative
shall be notified in writing of the specifics of the information required. The
applicant may present evidence to the reviewing official to justify
modification of the requirement for additional information or present
alternative or additional mitigation measures in lieu of further study.
3. When, to the satisfaction of the Shoreline Administrator all information is
provided and mitigation(s) established as being in compliance with this
section, the zoning administrator shall make appropriate recommendations for
project permit approval.
A-2.5 Site assessment report.
A. The scope of the site assessment report shall be determined based on the initial
project review specified in Section A-2.4 of these regulations. The scope of the
report may be reduced by utilizing appropriate mitigation measures, or if the
water quality or quantity issue(s) are already known.
B. The site assessment report shall be prepared by, or under the direction of, and
signed by a professional engineer, licensed in the State of Washington, trained
and qualified to analyze geologic, hydrologic, and groundwater flow systems; or
by a geologist or hydrogeologist who earns his or her livelihood from the field of
geology and/or hydrogeology and has received a degree in geological sciences
from an accredited four-year institution of higher education and who has relevant
training and experience analyzing geologic, hydrologic, and groundwater flow
systems.
C. Site Assessment Report Requirements. A site plan shall be prepared in accordance
with the requirements of the planning department. In addition, a site assessment
report shall include:
1. A description of the project including those activities, practices, materials, or
chemicals that have a potential to adversely affect the quantity or quality of
underlying aquifer(s);
2. Identification of appropriate mitigation measures and description of how they
will prevent degradation of underlying aquifer(s);
3. A site plan or another appropriately sealed map showing the approximate
location of known or geologically representative well(s) (abandoned and
active), spring(s), and surface watercourses within one thousand feet of the
subject project property. All well logs available through the county health
department for identified wells within one thousand feet of the project
property shall be included;
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4. A description of the site-specific hydrogeologic characteristics regarding
impact to the quantity or quality of underlying aquifer(s). At a minimum this
will include a description of the lithology, depth to and static water level of
known underlying aquifer(s), and depiction of groundwater flow direction and
patterns on the appropriate map;
5. Identification of the initial receptors of potential adverse impacts located
hydraulically down-gradient form the project within one thousand feet or as
otherwise directed by the Shoreline Administrator.
D. Additional Site Assessment Elements. After the initial project review, one or
more of the site assessment elements listed below may be required based upon the
proposed project activity, aquifer recharge area classification, complexity of
underlying hydrogeologic conditions, and/or the perceived potential to adversely
impact hydraulically downgradient receptors. One or more of these additional
elements may also be required if the applicant chooses to demonstrate that certain
mitigation measures are not necessary to protect the quantity or quality of the
underlying aquifer(s), or that the project does not pose a detrimental risk to
hydraulically downgradient receptors.
1. Lithologic characteristics and stratigraphic relationships of the affected
aquifer(s) and overlying geologic unites (includes soil types) including
thickness, horizontal and vertical extent, permeability, and infiltration rates of
surface soils.
2. Delineation of identified structural features such as faults, fractures, and
fissures.
3. Aquifer characteristics including determination or recharge and discharge
areas, transmissivity, storage, hydraulic conductivity, porosity, and estimate of
groundwater flow direction, velocity and patterns for the affected aquifer(s).
4. Estimate of precipitation, evaporation, and evapotranspiration rates for the
project area.
5. Preparation of appropriate hydrogeologic cross sections depicting at a
minimum underlying lithology and stratigraphy, aquifer(s), and potential or
probable contaminant pathways from a chemical release.
6. Contaminant fate and transport including probable migration pathways and
travel time of potential contaminant release(s) from the site through the
unsaturated zone to the aquifer(s) from the site through the unsaturated zone
to the aquifer(s) may be attenuated within the unsaturated zone and aquifer(s).
Include consideration of advection, dispersion, and diffusion of contaminants
in the groundwater.
7. Delineation of areas potentially affected by contaminant migration on the
ground surface and/or through the affected aquifer(s).
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8. Determination of background or existing groundwater quality underlying the
project area.
9. Development of groundwater monitoring program to measure potential
impacts of the development of underlying aquifer(s).
10. Development of a spill plan and/or contingency plan describing the specific
actions, which will be taken if a release of a contaminant(s) occurs, or if
groundwater monitoring results indicate a contaminant(s) from the site has
entered the underlying aquifer(s).
11. The degree of continuity between groundwater and nearby surface water
including potential impact to "closed" or "low-flow" streams from proposed
groundwater withdrawals, and potential impacts to surface water quality from
site runoff or contaminated groundwater discharge.
12. In conjunction with the Skagit County Interim Seawater Intrusion Policy and
subsequent policies or ordinances, applicable projects shall be required to
determine appropriate pumping rates and schedules that maintain appropriate
pumping rates and schedules that maintain dynamic draw down levels above
mean seal level.
13. Applicable projects such as special use permits, short plats, or long plats shall
test existing and/or test wells for nitrate levels and where appropriate calculate
the nitrate loading rate at full build-out of the project. If the calculated nitrate
loading in the intended water supply equals or exceeds five mg/L nitrate as
nitrogen, the proposal will need to develop a mitigation plan. The point of
compliance shall be determined based on project specifics.
14. A description of wetlands and FWHCAs and their buffers when such occur
within three hundred feet of the recharge area.
A-2.6 Aquifer recharge area mitigation.
The planning department shall review development proposals to assess aquifer(s)
vulnerability and establish needed mitigation. Where determined to be necessary through
the site assessment process, development approvals shall include conditions designed to
prevent significant degradation of water quality or reduction in water quantity in aquifer
recharge areas. The project shall not cause degradation of the groundwater quality below
the standards described in WAC 173-200 or Department of Ecology's seawater intrusion
policy.
A. Wellhead Protection Mitigation. Where a wellhead protection plan that addresses
the project area exists, the Shoreline Administrator shall use the recommendations
contained in the wellhead protection plan as a basis for formulating mitigations.
In the absence of such mitigation plan, the planning department shall contact the
public water system water purveyor and jointly develop mitigations, a summary
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of which shall be signed by the applicant and recorded with the applicant's
property title. Where the project includes five or more lots of two acres or less in
size and is proposed to be served by individual wells, the applicant shall prepare a
wellhead protection plan which must be approved by and kept on file with the
Skagit County Health Department.
B. Seawater Intrusion Mitigation. Mitigation for a single-family residence shall be in
conformance with the "Seawater Intrusion Policy" in effect under Skagit County
Code 12.48.
C. Nitrate Loading Mitigation. If the project's calculated nitrate loading
concentration at the determined point of compliance (per SCC 14.24.340(2)(m)) is
equal to or greater than five mg/L nitrate as nitrogen, the project shall be required
to place a notification on the documents of title for the property affected and a
monitoring plan shall be developed to track the nitrate level and include a
contingency plan to be implemented if the nitrate level exceeds ten mg/L nitrate
as nitrogen. If the plat nitrate loading calculation is equal to or exceeds five mg/L
nitrate as nitrogen, then the applicant shall develop a mitigation plan to reduce the
nitrate loading rate below five mg/L nitrate as nitrogen.
A-2.7 Public notice and review.
In addition to the provisions for public notice provided in Anacortes Municipal Code
Chapter 18.16, the Shoreline Administrator shall provide official notice of decision and
make the site assessment report available for public review upon approval of the
following projects which have undergone critical areas review pursuant to this section.
A. All projects occurring in Category I areas, except single-family residence or
accessory building permits, and short subdivision.
B. All activities identified under Subsection A-2.3(B), regardless of location; and
C. Commercial or industrial projects or subdivisions that have the potential to
adversely affect the quality or availability of potable water.
A-2.8 Performance standards--General requirements.
A. Activities may only be permitted in a critical aquifer recharge area if the applicant
can show that the proposed activity will not cause contaminants to enter the
aquifer and that the proposed activity will not adversely effect the recharging of
the aquifer.
B. The proposed activity must comply with the water source protection requirements
and recommendations of the U.S. Environmental Protection Agency, Washington
State Department of Health, and the Skagit County Health Department.
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C. The proposed activity must be designed and constructed in accordance with
Chapter 13.36 of this code (Stormwater Ordinance).
A-2.9 Performance standards--Specific uses.
A. Storage Tanks. All storage tanks proposed to be located in a critical aquifer
recharge area must comply with local building code requirements and must
conform to the following requirements:
1. Underground Tanks. All new underground storage facilities proposed for use
in the storage of hazardous substances or hazardous wastes shall be designed
and constructed so as to:
a. Prevent releases due to corrosion or structural failure for the operational
life of the tank;
b. 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;
c. Use material in the construction or lining of the tank that is compatible
with the substance to be stored.
2. Aboveground Tanks. All new aboveground storage facilities proposed for use
in the storage of hazardous substances or hazardous wastes shall be designed
and constructed so as to:
a. Not allow the release of a hazardous substance to the ground,
groundwaters, or surface waters;
b. Have a primary containment area enclosing or underlying the tank or part
thereof; and
c. A secondary containment system either built into the tank structure of a
dike system built outside the tank for all tanks.
B. Vehicle Repair and Servicing.
1. Vehicle repair and servicing must be conducted over impermeable pads and
within a covered structure capable of withstanding normally expected weather
conditions. Chemicals used in the process of vehicle repair and servicing must
be stored in a manner that protects them from weather and provides
containment should leaks occur.
2. No dry wells shall be allowed in critical aquifer recharge areas on sites used
for vehicle repair and servicing. Dry wells existing on the site prior to facility
establishment must be abandoned using techniques approved by the
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Washington Department of Ecology prior to commencement of the proposed
activity.
C. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse
projects for reclaimed water must be in accordance with the adopted water or
sewer comprehensive plans that have been approved by the State Departments of
Ecology and Health.
1. Use of reclaimed water for surface percolation must meet the groundwater
recharge criteria given in Chapter 90.46.080(1) and Chapter 90.46.010(10)
RCW. The Department of Ecology may establish additional discharge limits
in accordance with Chapter 90.46.080(2) RCW.
2. Direct injection must be in accordance with the standards developed by
authority of Chapter 90.46.042 RCW.
D. State and Federal Regulations. The uses listed below shall be conditioned as
necessary to protect critical aquifer recharge areas in accordance with the
applicable state and federal regulations.
A-2.10 Habitat management for the March Point Heronry.
A habitat management plan substantially similar to that developed by the Skagit Land
Trust and T-Bailey for the March Point Heronry in 2003 shall be developed prior to any
city development permit(s) being issued for any parcels of property within the city limits
that are adjacent to the March Point Heronry.
A-3. Geologically Hazardous Areas
A-3.1 Designation of geologically hazardous areas.
Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or
other geological events. They pose a threat to the health and safety of citizens when
incompatible development is sited in areas of significant hazard. Such incompatible
development may not only place itself at risk, but also may increase the hazard to
surrounding development and use. Areas susceptible to one or more of the following
types of hazards shall be designated as a geologically hazardous area: WAC 365-190-
080(4)(a).
A. Erosion hazard;
B. Landslide hazard;
C. Seismic hazard;
D. Mine hazard;
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E. Volcanic hazard; and
F. Other geological events including tsunamis, mass wasting, debris flows, rock
falls, and differential settlement.
These rules are designed to supplement, and not replace: building code rules and
requirements, stormwater management rules and requirements, and other provisions of
this zoning code.
A-3.2 Designation of specific hazard areas.
A. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by
the U.S. Department of Agriculture's Natural Resources Conservation Service as
having a "moderate to severe," "severe," or "very severe" rill and inter-rill erosion
hazard. See WAC 365-190-080(4)(c).
B. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to
landslides based on a combination of geologic, topographic, and hydrologic
factors. They include areas susceptible because of any combination of bedrock,
soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Example
of these may include, but are not limited to the following:
1. Areas of historic failures, such as: See WAC 365-190-080(4)(d)(i).
a. Those areas delineated by the U.S. Department of Agriculture's Natural
Resources Conservation Service as having a "severe" limitation for
building site development,
b. Those areas mapped by the Washington Department of Ecology (Coastal
Zone Atlas) or the Washington State Department of Natural Resources
(slope stability mapping) as unstable (U or class 3), unstable old slides
(UOS or class 4), or unstable recent slides (URS or class 5), or
c. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or
landslides on maps published by the U.S. Geological Survey or
Washington State Department of Natural Resources;
2. Areas with all three of the following characteristics: See WAC 365-190-
080(4)(d)(ii).
a. Slopes steeper than fifteen percent,
b. Hillsides intersecting geologic contacts with a relatively permeable
sediment overlying a relatively impermeable sediment or bedrock, and
c. Springs or groundwater seepage;
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3. Areas that have shown movement during the Holocene epoch (from ten
thousand years ago to the present) or that are underlain or covered by mass
wastage debris of that epoch; See WAC 365-190-080(4)(d)(iii).
4. Slopes that are parallel to planes of weakness (such as bedding planes, joint
systems, and fault planes) in subsurface materials; See WAC 365-190-
080(4)(d)(iv).
5. Slopes having gradients steeper than eighty percent subject to rock fall during
seismic shaking; See WAC 365-190-080(4)(d)(v).
6. Areas potentially unstable because of rapid stream inclusion, stream bank
erosion, and undercutting by wave action; See WAC 365-190-080(4)(d)(vi).
7. Areas that show evidence of, or are at risk from snow avalanches; See WAC
365-190-080(4)(d)(vii).
8. Areas located in a canyon or on an active alluvial fan, presently or potentially
subject to inundation by debris flows or catastrophic flooding; See WAC 365-
190-080(4)(d)(viii).
9. Any area with a slope of forty percent or steeper and with a vertical relief of
ten or more feet except areas composed of consolidated rock. A slope is
delineated by establishing its toe and top and is measured by averaging the
inclination over at least ten feet of vertical relief. See WAC 365-190-
080(4)(d)(ix).
C. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of
damage as a result of earthquake induced ground shaking, slope failure,
settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator
of potential for future earthquake damage is a record of earthquake damage in the
past. Ground shaking is the primarily affected by: See WAC 365-190-080(4)(e).
1. The magnitude of an earthquake;
2. The distance from the source of an earthquake;
3. The type of thickness of geologic structure.
Settlement and soil liquefaction conditions occur in areas underlain by
cohesionless, loose, or soft-saturated soils of low density, typically in association
with a shallow groundwater table.
D. Mine Hazard Areas. Mine hazard areas are those areas underlain by or affected by
mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those
areas of probable sink holes, gas releases, or subsidence due to mine workings.
Factors that should be considered include: proximity to development, depth from
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ground surface to the mine working, and geologic material. See WAC 365-190-
080(4)(f)(ii).
E. Volcanic Hazard Areas. Volcanic hazard areas are areas subject to pyroclastic
flows, lava flows, debris avalanche, and inundation by debris flows, lahars,
mudflows, or related flooding resulting from volcanic activity. See WAC 365-
190-080(4)(f)(i).
F. Tsunami Hazard Areas. Tsunami hazard areas are coastal areas and large lake
shoreline areas susceptible to flooding and inundation as the result of excessive
wave action derived from seismic or other geologic events. See WAC 365-190-
080(3)(d).
G. Other Hazard Areas. Geologically hazardous areas shall also include areas
determined by the [director] to be susceptible to other geological events including
mass wasting, debris flows, rock falls, and differential settlement.
A-3.3 Classification of geologically hazardous areas.
All geologic hazard areas should be classified according to the following categories for
each geologic hazard type.
Classification Documentation and Data Sources
Known or
Suspected Risk Documentation or projection of the hazard by a qualified professional exists.
Risk Unknown
Documentation or projection of the lack of hazard by a qualified professional
exists, or data are not available to determine the presence or absence of a
geological hazard.
A-3.4 Mapping of geologically hazardous areas.
A. The approximate location and extent of geologically hazardous areas are shown
on the adopted critical area maps. The adopted critical areas maps include:
1. Coastal Zone Atlas (for marine bluff hazards);
2. U.S. Geological Survey landslide hazard, seismic hazard, and volcano hazard
maps;
3. Washington State Department of Natural Resources seismic hazard maps for
Western Washington;
4. Washington State Department of Natural Resources slope stability maps;
5. National Oceanic and Atmospheric Administration tsunami hazard maps;
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6. Federal Emergency Management Administration flood insurance maps;
7. Maps included as Appendix B to the city comprehensive plan.
B. These maps are to be used as a guide for the city, project applicants, and/or
property owners and may be continuously updated as new critical areas are
identified. They are a reference and do not provide a final critical area
designation.
A-3.5 Activities allowed in geologically hazardous areas.
The following activities are allowed in geologically hazardous areas specifically mapped
and designated by ordinance of the city council pursuant to allowed activities of this
section and do not require submission of a critical area report:
A. Erosion and Landslide Hazard Areas. Except as otherwise provided for in this
title, only those activities approved and permitted consistent with an approved
critical area report in accordance with this title shall be allowed in erosion or
landslide hazard areas.
B. Seismic Hazard Areas. The following activities are allowed within seismic hazard
areas:
1. Construction of new buildings with less than two thousand five hundred
square feet of floor area or roof area, whichever is greater, and which are not
residential structures or used as places of employment or public assembly;
2. Additions to existing single-story residences that are two hundred fifty square
feet or less; and
3. Installation of fences.
C. Mine Hazard Areas. The following activities are allowed within mine hazard
areas:
1. Construction of new buildings with less than two thousand five hundred
square feet of floor area or roof area, whichever is greater, and which are not
residential structures or used as places of employment or public assembly;
2. Additions to existing residences that are two hundred fifty square feet or less;
and
3. Installation of fences.
D. Volcanic Hazard Areas. The following activities are allowed within volcanic
hazard areas:
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1. Construction of new buildings with less than two thousand five hundred
square feet of floor area or roof area, whichever is greater, and which are not
residential structures or used as places of employment or public assembly;
2. Additions to existing residences that are two hundred fifty square feet or less;
and
3. Installation of fences.
E. Tsunami Hazard Areas. The following activities are allowed within tsunami
hazard areas:
1. Construction of new buildings with less than two thousand five hundred
square feet of floor area or roof area, whichever is greater, and which are not
residential structures or used as places of employment or public assembly;
2. Additions to existing residences that are two hundred fifty square feet or less;
and
3. Installation of fences.
F. Other Hazard Areas. The planning director may allow the following activities
within other geologically hazardous areas, if the activity will not increase the risk
of the hazard:
1. Construction of new buildings with less than two thousand five hundred
square feet of floor area or roof area, whichever is greater, and which are not
residential structures or used as places of employment or public assembly;
2. Additions to existing residences that are two hundred fifty square feet or less;
and
3. Installation of fences.
A-3.6 Critical area report--Additional requirements for
geologically hazardous areas.
A. Preparation by a Qualified Professional. A critical areas report for a geologically
hazardous area shall be prepared by an engineer or geologist, licensed in the State
of Washington, with experience analyzing geologic, hydrologic, and groundwater
flow systems, and who has experience preparing reports for the relevant type of
hazard.
B. Area Addressed in Critical Area Report. The following areas shall be addressed in
a critical area report for geologically hazardous areas:
1. The project area of the proposed activity;
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2. All geologically hazardous areas within two hundred feet of the project area or
that have potential to be affected by the proposal;
3. The presence, nature, and location of wetlands, FWHCAs, and/or aquifer
recharge zones.
C. Geological Hazards Assessment. A critical area report for a geologically
hazardous area shall contain an assessment of geological hazards including the
following site- and proposal-related information at a minimum:
1. Site, Land Clearing, and Construction Plans. The report shall include a copy
of the site plans for the proposal showing:
a. The type and extent of geologic hazard areas, and any other critical areas,
and buffers on, adjacent to, within two hundred feet of, or that are likely to
impact the proposal,
b. Proposed development, including the location of existing and proposed
structures, fill, storage of materials, and drainage facilities, with
dimensions indicating distances to the floodplain, if available,
c. The topography, in two-foot contours, of the project area and all hazard
areas addressed in the report, and
d. Clearing limits;
2. Assessment of Geological Characteristics. The report shall include an
assessment of the geologic characteristics of the soils, sediments, and/or rock
of the project area and potentially affected adjacent properties, and a review of
the site history regarding landslides, erosion, and prior grading. Soils analysis
shall be accomplished in accordance with accepted classification systems in
use in the region. The assessment shall include, but not be limited to:
a. A description of the surface and subsurface geology, hydrology, soils, and
vegetation found in the project area and in all hazard areas addressed in
the report,
b. A detailed overview of the field investigations, published data and
references; data and conclusions from past assessments of the site; and site
specific measurements, test, investigations, or studies that support the
identification of geologically hazardous areas, and
c. A description of the vulnerability of the site to seismic and other geologic
events,
3. Analysis of Proposal. The report shall contain a hazards analysis including a
detailed description of the project, its relationship to the geologic hazard(s),
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and its potential impact upon the hazard area, the subject property, and
affected adjacent properties; and
4. Minimum Buffer and Building Setback. The report shall make a
recommendation for the minimum no-disturbance buffer and minimum
building setback from any geologic hazard based upon the geotechnical
analysis.
D. Incorporation of Previous Study. Where a valid critical areas 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 required critical area report. The applicant shall submit a
hazards assessment detailing any changed environmental conditions associated
with the site.
E. Mitigation of Long-Term Impacts. When hazard mitigation is required, the
mitigation plan shall specifically address how the activity maintains or reduces
the preexisting 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).
Proposed mitigation techniques shall be considered to provide long-term hazard
reduction only if they do not require regular maintenance or other actions to
maintain their function. Mitigation may also be required to avoid any increase in
risk above the preexisting conditions following abandonment of the activity.
A-3.7 Critical area report--Additional technical
information requirements for specific hazards.
Critical area reports for geologically hazardous areas must meet the requirements of this
section. Critical area reports for two or more types of critical areas must meet the report
requirements for each relevant type of critical area.
A. Erosion and Landslide Hazard Areas. In addition to the basic critical area report
requirements, the technical information for an erosion hazard or landslide hazard
area shall include the following information at a minimum:
1. Site Plan. The critical area report shall include a copy of the site plan for the
proposal showing:
a. The height of slope, slope gradient, and cross-section of the project area,
b. The location of springs, seeps, or other surface expressions of groundwater
on or within two hundred feet of the project area or that have potential to
be affected by the proposal, and
c. The location and description of surface water runoff features;
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2. Hazards Analysis. The hazards analysis component of the critical areas report
shall specifically include:
a. A description of the extent and type of vegetative cover,
b. A description of subsurface conditions based on data from site-specific
explorations,
c. Descriptions of surface and groundwater conditions, public and private
sewage disposal systems, fills and excavations, and all structural
improvements,
d. An estimate of slope stability and the effect construction and placement of
structures will have on the slope over the estimated life of the structure,
e. An estimate of the bluff retreat rate that recognizes and reflects potential
catastrophic events such as seismic activity or a one hundred-year storm
event,
f. Consideration of the run-out hazard of landslide debris and/or the impacts
of landslide run-out on down slope properties,
g. A study of slope stability including an analysis of proposed cuts, fills, and
other site grading,
h. Recommendations for building siting limitations, and
i. An analysis of proposed surface and subsurface drainage, and the
vulnerability of the site to erosion;
3. Geotechnical Engineering Report. The technical information for a project
within a landslide hazard area shall include a geotechnical engineering report
prepared by a licensed engineer or geologist licensed by the state that presents
engineering recommendations for the following:
a. Parameters for design of site improvements including appropriate
foundations and retaining structures. These should include allowable load
and resistance capacities for bearing and lateral loads, installation
considerations and estimates of settlement performance,
b. Recommendations for drainage and subdrainage improvements,
c. Earthwork recommendations including clearing and site preparation
criteria, fill placement and compaction criteria, temporary and permanent
slope inclinations and protection, and temporary excavation support, if
necessary, and
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d. Mitigation of adverse site conditions including slope stabilization
measures and seismically unstable soils, if appropriate;
4. Erosion and Sediment Control Plan. For any development proposal on a site
containing an erosion hazard area, an erosion and sediment control plan shall
be required. The erosion and sediment control plan shall be prepared in
compliance with requirements set forth in Chapter 13.36 of this Code;
5. Drainage Plan. The technical information shall include a drainage plan for the
collection, transport, treatment, discharge, and/or recycle of water prepared in
accordance with Chapter 13.36 of this Code. The drainage plan should
consider onsite septic system disposal volumes where the additional volume
will affect the erosion or landslide hazard area;
6. Mitigation Plans. Hazard and environmental mitigation plans for erosion and
landslide hazard areas shall include the location and methods of drainage,
surface water management, locations and methods of erosion control, a
vegetation management and/or replanting plan, and/or other means for
maintaining long-term soil stability; and
7. Monitoring Surface Waters. If the planning director determines that there is a
significant risk of damage to downstream receiving waters due to potential
erosion from the site, based on the size of the project, the proximity to the
receiving waters, or the sensitivity of the receiving waters, the technical
information shall include a plan to monitor the surface water discharge from
the site. The monitoring plan shall include a recommended schedule for
submitting monitoring reports to the city.
B. Seismic Hazard Areas. In addition to the basic report requirements, a critical area
report for a seismic hazard area shall also meet the following requirements:
1. The site map shall show all known and mapped faults within two hundred feet
of the project area or that have potential to be affected by the proposal;
2. The hazards analysis shall include a complete discussion of the potential
impacts of seismic activity on the site (for example, forces generated and fault
displacement);
3. A geotechnical engineering report shall evaluate the physical properties of the
subsurface soils, especially the thickness of unconsolidated deposits and their
liquefaction potential. If it is determined that the site is subject to liquefaction,
mitigation measures appropriate to the scale of the development shall be
recommended and implemented.
C. Mine Hazard Areas. In addition to the basic report requirements, a critical area
report for a mine hazard critical area shall also meet the following requirements:
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1. Site Plan. The site plan shall delineate the following found within two
hundred feet of or directly underlying the project area, or that have potential to
be affected by the proposal:
a. The existence of mines, including all significant mine features, such as
mine entries, portals, adits, mine shafts, air shafts and timber shafts,
b. The location of any nearby mines that may impact or be affected by the
proposed activities,
c. The location of any known sinkholes, significant surface depressions,
trough subsidence features, coal mine spoil piles, and other mine-related
surface features, and
d. The location of any prior site improvements that have been carried out to
mitigate abandoned coal mine features.
2. Hazards Analysis. The hazards analysis shall include a discussion of the
potential for subsidence on the site and classify all mine hazards areas within
two hundred feet of the project area, or that have potential to be affected by
the proposal, as either low, moderate, or severe. The hazards analysis shall
include a mitigation plan containing recommendations for mitigation of the
potential for future trough subsidence, as appropriate, for the specific
proposed alteration and recommendations for additional study, reports, and
development standards if warranted.
D. Volcanic Hazard Areas. In addition to the basic report requirements, a critical area
report for a volcanic hazard area shall also meet the following requirements:
1. Site Plan. The site plan shall show all areas within two hundred feet of the
project area that have potential to be affected by pyroclastic flows, lahars, or
mud and debris flows derived from volcanic events;
2. Hazards Analysis. The hazards analysis shall include a complete discussion of
the potential impacts of volcanic activity on the site (for example, inundation
by mud flows resulting from volcanic activity);
3. Emergency Management Plan. The emergency management plan shall include
plans for emergency building exit routes, site evacuation routes, emergency
training, notification of local emergency management officials, and an
emergency warning system.
E. Tsunami Hazard Areas. In addition to the basic report requirements, a critical area
report for a tsunami hazard area shall also meet the following requirements:
1. Site Plan. The site plan shall show all areas within two hundred feet of the
project area that have potential to be inundated by wave action derived from a
seismic event;
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2. Hazards Analysis. The hazards analysis shall include a complete discussion of
the potential impacts of the tsunami hazard on the site;
3. Emergency Management Plan. The emergency management plan shall include
plans for emergency building exit routes, site evacuation routes, emergency
training, notification of local emergency management officials, and an
emergency warning system.
F. Other Geologically Hazardous Areas. In addition to the basic requirements, the
planning director may require additional technical information to be submitted
when determined to be necessary to the review the proposed activity and the
subject hazard. Additional technical information that may be required, includes,
but is not limited to:
1. Site Plan. The site plan shall show all hazard areas located within two hundred
feet of the project area or that have potential to be affected by the proposal;
and
2. Hazards Analysis. The hazards analysis shall include a complete discussion of
the potential impacts of the hazard on the project area and of the proposal on
the hazard.
A-3.8 Performance standards--General requirements.
A. Alterations of geologically hazardous areas or associated buffers may only occur
for activities that:
1. Will not increase the threat of the geological hazard to adjacent properties
beyond predevelopment conditions;
2. Will not adversely impact other critical areas;
3. Are designed so that the hazard to the project is eliminated or mitigated to a
level equal to or less than pre-development conditions; and
4. Are certified as safe as designed and under anticipated conditions by a
qualified engineer or geologist, licensed in the state of Washington.
B. Critical Facilities Prohibited. Critical facilities shall not be sited within
geologically hazardous areas unless there is no other practical alternative.
A-3.9 Performance standards--Specific hazards.
A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or
landslide hazards shall meet the standards of performance standards--general
requirements [Section A-3.8] and the specific following requirements:
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1. Buffer Requirement. A buffer shall be established from all edges of landslide
hazard areas. The size of the buffer shall be determined by the planning
director to eliminate or minimize the risk of property damage, death, or injury
resulting from landslides caused in whole or part by the development, based
upon review of and concurrence with a critical area report prepared by a
qualified professional;
a. Minimum Buffer. The minimum buffer shall be equal to the height of the
slope or fifty feet, whichever is greater,
b. Buffer Reduction. The buffer may be reduced to a minimum of ten feet
when a qualified professional demonstrates to the planning director's
satisfaction that the reduction will adequately protect the proposed
development, adjacent developments, and uses and the subject critical
area,
c. Increased Buffer. The buffer may be increased where the planning director
determines a larger buffer is necessary to prevent risk of damage to
proposed and existing development;
2. Alterations. Alterations of an erosion or landslide hazard area and/or buffer
may only occur for activities for which a hazards analysis is submitted and
certifies that:
a. The development will not increase surface water discharge or
sedimentation to adjacent properties beyond predevelopment conditions,
b. The development will not decrease slope stability on adjacent properties,
c. Such alterations will not adversely impact other critical areas;
3. Design Standards. Development and land clearing within an erosion or
landslide hazard area and/or buffer shall be designed to meet the following
basic requirements unless it can be demonstrated that an alternative design
that deviates from one or more of these standards provides greater long-term
slope stability while meeting all other provisions of this title. The requirement
for long-term slope stability shall exclude designs that require regular and
periodic maintenance to maintain their level of function. The basic
development design standards are:
a. The proposed development shall not decrease the factor of safety for
landslide occurrences below the limits of 1.5 for static conditions and 1.2
for dynamic conditions. Analysis of dynamic conditions shall be based on
a minimum horizontal acceleration as established by the current version of
the Uniform Building Code,
b. Structures and improvements shall be clustered to avoid geologically
hazardous areas and other critical areas,
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c. Structures and improvements shall minimize alterations to the natural
contour of the slope, and foundations shall be tiered where possible to
conform to existing topography,
d. Structures and improvements shall be located to preserve the most critical
portion of the site and its natural landforms and vegetation,
e. The proposed development shall not result in greater risk or a need for
increased buffers on neighboring properties,
f. The use of retaining walls that allow the maintenance of existing natural
slope area is preferred over graded artificial slopes, and
g. Development shall be designed to minimize impervious lot coverage;
4. Vegetation Retention. Unless otherwise provided or as part of an approved
alteration, removal of vegetation from an erosion or landslide hazard area or
related buffer shall be prohibited;
5. Seasonal Restriction. Clearing shall be allowed only from May 1st to October
1st of each year provided that the city may extend or shorten the dry season on
a case-by-case basis depending on actual weather conditions;
6. Utility Lines and Pipes. Utility lines and pipes shall be permitted in erosion
and landslide hazard areas only when the applicant demonstrates that no other
practical alternative is available. The line or pipe shall be located aboveground
and properly anchored and/or designed so that it will continue to function in
the event of an underlying slide. Stormwater conveyance shall be allowed
only through a high-density polyethylene pipe with fuse-welded joints, or
similar product that is technically equal or superior;
7. Point Discharges. Point discharges from surface water facilities and roof
drains onto or upstream from an erosion or landslide hazard area shall be
prohibited except as follows:
a. Conveyed via continuous storm pipe downslope to a point where there are
no erosion hazards areas downstream from the discharge,
b. Discharged at flow durations matching predeveloped conditions, with
adequate energy dissipation, into existing channels that previously
conveyed stormwater runoff in the predeveloped state,
c. Dispersed discharge upslope of the steep slope onto a low-gradient
undisturbed buffer demonstrated to be adequate to infiltrate all surface and
stormwater runoff, and where it can be demonstrated that such discharge
will not increase the saturation of the slope;
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8. Subdivisions. The division of land in landslide hazard areas and associated
buffers is subject to the following:
a. Land that is located wholly within a landslide hazard area or its buffer may
not be subdivided. Land that is located partially within a landslide hazard
area or its buffer may be divided provided that each resulting lot has
sufficient buildable area outside of, and will not affect, the landslide
hazard or its buffer,
b. Access roads and utilities may be permitted within the landslide hazard
area and associated buffers if the city determines that no other feasible
alternative exists.
9. Prohibited Development. On-site sewage disposal systems, including drain
fields, shall be prohibited within erosion and landslide hazard areas and
related buffers.
B. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas
shall meet the standards of performance standards--general requirements [Section
A-3.8].
C. Mine Hazard Areas. Activities proposed to be located in mine hazard area shall
meet the standards of performance standards--general requirements [Section A-
3.8] and the specific following requirements:
1. Alterations. Alterations of a mine hazard area and/or buffer are allowed, as
follows:
a. All alterations are permitted within a mine hazard area with a low potential
for subsidence,
b. Within a mine hazard area with a moderate potential for subsidence and at
coal mine by-product stockpiles, all alterations are permitted subject to a
mitigation plan to minimize risk of structural damage using appropriate
criteria to evaluate the proposed use, as recommended in the hazard
analysis, and
c. Within a mine hazard area with a severe potential for subsidence only
those activities allowed in accordance with Subsection A-3.5 of these
regulations will be allowed.
2. Subdivisions. The division of land in mine hazard areas and associated buffers
is subject to the following:
a. Land that is located within two hundred feet of a mine hazard area with a
severe potential for subsidence may not be subdivided. Land that is
located partially within a mine hazard area may be divided provided that
each resulting lot has sufficient buildable area that is two hundred feet
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away from the mine hazard area with a severe potential for subsidence.
Land that is located within a mine hazard area with a low or moderate
potential for subsidence may be subdivided,
b. Access roads and utilities may be permitted within two hundred feet of a
mine hazard area with a moderate or severe potential for subsidence if the
city determines that no other feasible alternative exists.
3. Reclamation Activities. For all reclamation activities, including grading,
filling, and stockpile removal, as-built drawings shall be submitted to the city
in a format specified by the planning director.
D. Volcanic and Tsunami Hazard Areas. Activities on sites containing areas
susceptible to inundation due to volcanic or tsunamis hazards shall require an
evacuation and emergency management plan. The city may use the performance
standards for coastal high hazard areas (see Section A-1, Frequently Flooded
Areas) as guidance in reviewing new structures proposed in volcanic and tsunami
hazard areas.
E. Other Hazard Areas. Activities on sites containing or adjacent to volcanic,
tsunamis, or other geologically hazardous areas, shall meet the standards of
performance standards--general requirements [Section A-3.8 of these regulations].
A-4. Wetland Protection Areas
A-4.1 Findings of fact and purpose.
The wetlands of the city are indispensable and fragile natural resources with significant
development constraints. In their natural state, wetlands serve humans and nature. They
provide habitat areas for fish, wildlife, and vegetation; water-quality maintenance and
pollution control; flood control; shoreline erosion control; natural resource education;
scientific study; open space; and recreation opportunities.
A number of these important natural resources have been lost or impaired by draining,
dredging, filling, excavating, land clearing, building, pollution, and other acts. Piecemeal
or cumulative losses may, over time, destroy remaining wetlands. Damaging or
destroying wetlands diminishes public safety and the general welfare.
It is therefore necessary for the city of Anacortes to ensure protection for wetlands by
regulating development activities in wetlands and those activities at adjacent sites that
may adversely affect wetlands and to encourage restoration of already degraded or
destroyed systems.
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A-4.2 Purpose.
A. It is the policy of the City of Anacortes to minimize damage to wetlands wherever
prudent or feasible; to require that activities not dependent upon a wetland
location be located at non-wetland sites; to allow wetland losses only where all
practicable measures have been applied to reduce those losses that are
unavoidable and in the public interest; to provide for compensation in the form of
wetland restoration or creation to offset losses; to prevent any net-loss of wetlands
and to provide for the protection of wetlands under additional ordinances already
adopted by the City of Anacortes, including building codes, clearing and grading
control ordinances, groundwater management regulations, stormwater
management regulations, Shoreline Master Plan regulations, and other pertinent
regulations.
B. Furthermore, such activities must not threaten public safety or cause nuisances by:
1. Blocking flood flows or destroying flood storage areas, thereby raising flood
heights or velocities on other land and increasing potential flood damages;
2. Causing water pollution through any means, including location of wastewater
disposal systems in wet soils; unauthorized or detrimental application of
pesticides, herbicides, and algaecides; disposal of solid wastes or stormwater
runoff at inappropriate sites; or the creation of unstable fills. However,
nothing contained in these regulations shall prevent the establishment of new
wetland areas designed to improve water quality;
3. Increasing erosion; or
4. Increasing runoff of sediment and/and or stormwater.
C. In addition, it is the policy of the city of Anacortes that activities in or affecting
wetlands shall not destroy natural wetland functions important to the general
welfare by:
1. Decreasing breeding, spawning, nesting, wintering, feeding, or other critical
habitat for fish and wildlife, including rare, threatened, and endangered plant
and animal species and commercially and recreationally important wildlife;
2. Interfering with the exchange of nutrients needed by fish and other forms of
wildlife;
3. Decreasing groundwater recharge;
4. Destroying sites suitable for education and scientific research as outdoor
biophysical laboratories, living classrooms, and training areas;
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5. Interfering with public rights in waters and the recreation opportunities for
fishing, boating, hiking, birdwatching, photography, camping, and other
activities related to wetlands.
A-4.3 Wetland district.
These regulations shall apply to all lands in of a wetland and its associated buffers
designated in these regulations located within shoreline jurisdiction of the City of
Anacortes. Such wetlands are hereby designated to be within the wetland district and
protected under all of the terms and provisions of these regulations.
A-4.4 Rules for interpretation of wetland district
boundaries.
The boundaries of a specific wetland district shall ordinarily be determined by the
applicant through the performance of a field survey applying wetland definition criteria.
The applicant is required under Section A-4.7 of these regulations to show a wetland
district boundary on a scaled drawing submitted as part of the permit application.
Wetland delineations shall be performed in accordance with the procedures specified in
Section A-4.6 of these regulations. Evidence documenting the results of the boundary
survey shall be required by the planning department. The definition of wetlands does not
apply to those wetlands that were unintentionally created after July 1, 1990 as a result of
the construction of a road, street, or highway; or to stormwater detention ponds or
stormwater conveyance systems (other than those facilities formally designated as
wetland mitigation sites).
The planning department, when requested by the applicant, may waive the delineation
and, in lieu of direct action by the applicant, perform the delineation. The planning
department may use remote sensing, hydrology, soils, plant species, and other data, and
consult with biologists, hydrologists, soil scientists, or other experts as needed to perform
the delineation. The applicant will be charged for costs incurred in accordance with the
provisions of Subsection A-4.14 of these regulations.
Where the planning department performs a wetland district determination at the request
of the applicant, it shall be considered a final determination.
Where the applicant has provided a determination of the wetland district boundary, the
planning department shall verify the accuracy of, and may render adjustments to, the
boundary delineation. In the event the adjusted boundary delineation is contested by the
applicant, the planning department shall, at the applicant's expense, obtain competent
expert services, from a person agreed upon by applicant and planning department, to
render a final delineation.
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A-4.5 Permit requirements, enforcement.
No regulated activity in a wetland or its associated buffers may be conducted without the
appropriate shoreline permit associated with the proposed development and must be
conducted in full compliance with the terms of these regulations and other applicable
regulations. Any permanent, adverse wetland alteration must obtain a Shoreline
Conditional Use Permit, regardless of the permit type otherwise required for the
associated development. All activities that are not permitted as of right or as special
permit uses shall be prohibited. All projects shall be fully bonded prior to any wetland
work being undertaken pursuant to permits issued under these regulations.
A-4.6 Designation, rating, and mapping wetlands.
A. Designating Wetlands. Wetlands are those areas, designated in accordance with
the Washington State Department of Ecology, Wetlands Identification and
Delineation Manual, March 1997, Pub. No. 96-94, 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 adapted
for life in saturated soil conditions. All areas within the city meeting the wetland
designation criteria in the Identification and Delineation Manual, regardless of
any formal identification, not otherwise excluded under Sections A-4.4 or A-4.8
of these regulations are hereby designated critical areas and are subject to the
provisions of this title.
B. Wetland Ratings. Wetlands shall be rated according to the August 2006
Washington State - Wetland Rating System found in the Washington State
Wetland Rating System for Western Washington, or as revised by Ecology. These
documents contain the definitions and methods for determining if the criteria
below are met.
1. Wetland Rating Categories.
a. Category I. Category I wetlands are those that meet one or more of the
following criteria:
i. represent a unique or rare wetland type; or
ii. are more sensitive to disturbance than most wetlands; or
iii. are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or
iv. provide a high level of functions
b. Category II wetlands provide high levels of some functions. These
wetlands occur more commonly than Category I wetlands, but still need a
relatively high level of protection
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c. Category III wetlands are:
i. wetlands with a moderate level of functions (scores between 30 -50
points) and
ii. interdunal wetlands between 0.1 and 1 acre in size.;
d. Category IV wetlands have the lowest levels of functions (scores less than
30 points) and are often heavily disturbed. These are wetlands that should
be able to be replaced, and in some cases be 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.
2. Date of Wetland Rating. Wetland rating categories shall be applied as the
wetland exists on the date of adoption of the rating system by the local
government, as the wetland naturally changes thereafter, or as the wetland
changes in accordance with permitted activities. Wetland rating categories
shall not change due to illegal modifications.
3. Wetland delineations that are accepted by the city are valid for five years from
the date the delineation was completed.
C. Mapping. The approximate location and extent of known wetlands are shown on
the adopted critical area maps. The following critical area maps, are hereby
adopted: City Stormwater Quality Management Plan, 1994. Additionally, soil
maps produced by U.S. Department of Agriculture National Resources
Conservation Service may be useful in helping to identify potential wetland areas.
These maps are to be used as a guide for the city, project applicants, and/or
property owners, and may be continuously updated as new critical areas are
identified. They are a reference and do not provide a final critical area
designation. Updating is to be accomplished through the city's annual
comprehensive plan/development regulations updating process described in the
city comprehensive plan Appendix F.
The exact location of a wetland's boundary shall be determined through the
performance of a field investigation by a Professional Wetland Scientist (PWS),
certified by the Society of Wetland Scientists professional certification program.
A-4.7 Critical area report.
Critical area reports for wetlands must meet the requirements of this section. Critical area
reports for two or more types of critical areas must meet the report requirements for each
relevant type of critical area.
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A. Preparation by a Qualified Professional. A critical area report for wetlands shall
be prepared by a Professional Wetland Scientist.
B. Area Addressed in Critical Area Report. The following areas shall be addressed in
a critical area report for wetlands:
1. The project area of the proposed activity;
2. All wetlands and recommended buffers within three hundred feet of the
project area. Critical area reports should consider wetlands and other critical
areas within three hundred feet due to the maximum potential buffer size for
wetlands. Critical area size and characteristics beyond the project area may be
estimated through aerial photographic interpretation and discussions with
agency staff if the adjacent property owner denies access; and
3. All shoreline areas, water features, floodplains, and other critical areas, and
related buffers within three hundred feet of the project area.
C. Wetland Analysis. A critical area report for wetlands shall contain an analysis of
the wetlands including the following site- and proposal-related information at a
minimum:
1. A written assessment and accompanying maps of the wetlands and buffers
within three hundred feet of the project area, including the following
information at a minimum:
a. Wetland delineation and required buffers,
b. Existing wetland acreage,
c. Wetland category,
d. Vegetative, faunal, and hydrologic characteristics,
e. Soil and substrate conditions,
f. Topographic elevations, at two-foot or five-foot contours (as determined
by the Administrator), and
g. A discussion of the water sources supplying the wetland along with
documentation of hydrologic regime (locations of inlet and outlet features,
water depths throughout the wetland, evidence of recharge or discharge,
evidence of water depths throughout the year--drift lines, algal layers,
moss lines, and sediment deposits);
2. A discussion of measures, including avoidance, minimization, and mitigation,
proposed to preserve existing wetlands and restore any wetlands that were
degraded prior to the current proposed land use activity;
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3. A habitat and native vegetation conservation strategy that addresses methods
to protect and enhance on-site habitat and wetland functions;
4. Functional evaluation for the wetland and adjacent buffer using a local or state
agency staff-recognized method and including the reference of the method and
all data sheets;
5. Proposed mitigation, if needed, including a written assessment and
accompanying maps of the mitigation area, including the following
information at a minimum:
a. Existing and proposed wetland acreage,
b. Vegetative and faunal conditions,
c. Surface and subsurface hydrologic conditions including an analysis of
existing and future hydrologic regime and proposed hydrologic regime for
enhanced, created, or restored mitigation areas,
d. Relationship within watershed and to existing waterbodies,
e. Soil and substrate conditions, topographic elevations,
f. Existing and proposed adjacent site conditions,
g. Required wetland buffers (including any buffer reduction and mitigation
proposed to increase the plant densities, remove weedy vegetation, and
replant the buffers),
h. Property ownership,
i. Associated wetlands and related wetlands that may be greater than three
hundred feet from the subject project,
j. A map drawn to a scale appropriate to show relevant features and
information of the development proposal site and adjacent area,
k. A discussion of ongoing management practices that will protect wetlands
after the project site has been developed; including proposed monitoring
and maintenance programs;
6. A bond estimate for the installation (including site preparation, plant materials
and installation, fertilizers, mulch, stakes) and the proposed monitoring and
maintenance work for a minimum of five years.
D. Additional Information. When appropriate, the Administrator may also require the
critical area report to include an evaluation by the State Department of Ecology or
an independent qualified expert regarding the applicant's analysis and the
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effectiveness of any proposed mitigating measures or programs, and to include
any recommendations as to improving effectiveness.
1. If the development proposal site contains or is within a wetland area, the
applicant shall submit an affidavit, which declares whether the applicant has
knowledge of any illegal alteration to any or all wetlands on the proposed site
and whether the applicant previously had been found in violation of any
wetland-related ordinance. If the applicant has been found previously in
violation, the applicant shall declare whether such violation has been
corrected to the satisfaction of the jurisdiction.
2. The Shoreline Administrator shall determine if the mitigation and monitoring
plans and bonding measures proposed by the applicant are sufficient to protect
the public health, safety, and welfare, and the functions and value of the
affected wetland, consistent with the goals, purposes, objectives and
requirements of these regulations.
A-4.8 Performance standards--General requirements.
A. Activities may only be permitted in a wetland or wetland buffer if the applicant
can show that the proposed activity will not degrade the functions and functional
performance of the wetland and other critical areas.
B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as
provided for in these regulations.
C. Category I Wetlands. Activities and uses shall be prohibited from Category I
wetlands, except as provided for in Sections A-4.11 and A-4.12, provided the
standards for Category II and III wetlands are met.
D. Category II and III Wetlands. With respect to activities proposed in Category II
and III wetlands, the following standards shall apply to special permit
requirements:
1. Water-dependent activities may be allowed where there are no practical
alternatives that would have a less adverse impact on the wetland, its buffers
and other critical areas;
2. Where nonwater-dependent activities are proposed, it shall be presumed that
alternative locations are available, and activities and uses shall be prohibited,
unless the applicant demonstrates that:
a. The basic project purpose cannot reasonably be accomplished and
successfully avoid, or result in less adverse impact on, a wetland on
another site or sites in the general region,
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b. All alternative designs of the project as proposed, that would avoid or
result in less of an adverse impact on a wetland or its buffer, such as a
reduction in the size, scope, configuration, or density of the project, are
not feasible, and
c. Full compensation is made for loss of hydrological and ecological function
and value as set forth in Section A-4.9 of these regulations.
E. Category IV Wetlands. Activities and uses that result in unavoidable and
necessary impacts may be permitted in Category IV wetlands and associated
buffers through a Conditional Use Permit in accordance with an approved critical
area report and mitigation plan, and only if the proposed activity is the only
reasonable alternative that will accomplish the applicant's reasonable objectives.
Full compensation for the acreage and functions losses will be provided.
F. Wetland Buffers.
1. Standard Buffer Widths. The standard buffer widths presume the existence of
a relatively intact native vegetation community in the buffer zone adequate to
protect the wetland functions and values at the time of the proposed activity.
Required standard wetland buffers, based on wetland category are as
presented in Tables 4-1 and 4-2.
Table A-4-1 Buffer Widths by Category (Provided the
measures in Table A-4-2 are taken)
Wetland Characteristics Buffer
Widths
Category IV wetlands
Score for all 3 basic functions is less than 30 points 40 ft.
Category III wetlands
Moderate level of function for habitat (score for habitat 20--28 points) 110 ft.
Not meeting above characteristic 60 ft.
Category II wetlands
High level of function for habitat (score for habitat 29--36 points) 225 ft.
Moderate level of function for habitat (score for habitat 20--28 points) 110 ft.
High level of function for water quality improvement and low for habitat (score for water
quality 24--32 points; habitat less than 20 points) 75 ft.
Not meeting above characteristic 75 ft.
Category I wetlands
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Wetland Characteristics Buffer
Widths
High level of function for habitat (score for habitat 29--36 points) 225 ft.
Moderate level of function for habitat (score for habitat 20--28 points) 110 ft.
High level of function for water quality improvement (24--32 points) and low for habitat
(less than 20 points) 75 ft.
Not meeting above characteristic 75 ft.
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Table A-4-2 Measures to Minimize Impacts to
Wetlands from Proposed Change in land Use
That Have the Potential for High Impacts
Examples of
Disturbance
Activities and Uses
That Cause
Disturbances
Measures to Minimize Impacts
Lights
Parking lots
Warehouses
Manufacturing
Residential
Direct lights away from wetland
Noise Manufacturing
Residential
Locate activity that generates noise away from wetland to
the maximum extent practicable
Toxic runoff*
Parking lots
Roads
Manufacturing
Residential areas
Application of
agricultural pesticides
Landscaping
Route all new, untreated runoff away from wetland while
ensuring wetland is not dewatered;
Establish covenants limiting use of pesticides within 150
ft. of wetland;
Apply integrated pest management
Stormwater
runoff
Parking lots
Roads
Manufacturing
Residential areas
Commercial
Landscaping
Retrofit stormwater detention and treatment for roads and
existing adjacent development;
Prevent channelized flow from lawns that directly enters
the buffer
Change in
water
regime
Impermeable surfaces
Lawns
Tilling
Infiltrate or treat, detain, and disperse into buffer new
runoff from impervious surfaces and new lawns
Pets and
human
disturbance
Residential areas
Use privacy fencing; plant dense vegetation to delineate
buffer edge and to discourage disturbance using
vegetation appropriate for the ecoregion; place wetland
and its buffer in a separate tract
Dust Tilled fields Use best management practices to control dust
2. Measurement of Wetland Buffers. All buffers shall be measured from the
wetland boundary as surveyed in the field. The width of the wetland buffer
shall be determined according to the wetland category and the proposed land
use. The buffer for a wetland created, restored, or enhanced as compensation
for approved wetland alterations shall be the same as the buffer required for
the category of the created, restored, or enhanced wetland. Only fully
vegetated buffers with predominately native plants will be considered. Lawns,
walkways, driveways, and other mowed, cultivated, or paved areas will not be
considered buffers.
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3. Increased Wetland Buffer Widths. The Administrator shall require increased
buffer widths in accordance with the recommendations of an experienced,
qualified professional wetland scientist, and the best available science on a
case-by-case basis when a larger buffer is necessary to protect wetland
functions and values based on site-specific characteristics. This determination
shall be based on one or more of the following criteria:
a. A larger buffer is needed to protect other critical areas;
b. The buffer or adjacent uplands has a slope greater than fifteen percent or is
susceptible to erosion and standard erosion-control measures will not
prevent adverse impacts to the wetland; or
c. The buffer area has minimal vegetative cover. In lieu of increasing the
buffer width where existing buffer vegetation is inadequate to project the
wetland functions and values, implementation of a buffer planting plan
may substitute. Where a buffer planting plan is proposed, it shall include
densities that are not less than three feet on center for shrubs and eight feet
on center for trees and require monitoring and maintenance to ensure
success. Existing buffer vegetation is considered "inadequate" and will
need to be enhanced through additional native plantings and (if
appropriate) removal of nonnative plants when: (1) nonnative or invasive
plant species provide the dominant cover, (2) vegetation is lacking due to
disturbance and wetland resources could be adversely affected, or (3)
enhancement plantings in the buffer could significantly improve buffer
functions.
4. Wetland Buffer Width Averaging. The Administrator may allow modification
of the standard wetland buffer width in accordance with an approved critical
area report and the best available science on a case-by-case basis by averaging
buffer widths. Averaging of buffer widths may only be allowed where a
qualified professional wetland scientist demonstrates that:
a. It will not reduce wetland functions or functional performance;
b. The wetland contains variations in sensitivity due to existing physical
characteristics or the character of the buffer varies in slope, soils, or
vegetation, and the wetland would benefit from a wider buffer in places
and would not be adversely impacted by a narrower buffer in other places;
c. The total area contained in the buffer area after averaging is no less than
that which would be contained within the standard buffer; and
d. For Category I and II wetlands the buffer width is not reduced to less than
seventy-five percent of the standard width.
5. Buffer Consistency. All mitigation sites shall have buffers consistent with the
buffer requirements of these regulations.
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6. Buffer Maintenance. Except as otherwise specified or allowed in accordance
with this title, wetland buffers shall be retained in an undisturbed or enhanced
condition. Removal of invasive nonnative weeds is required for the duration
of the mitigation bond.
7. Buffer Uses. The following uses may be permitted within a wetland buffer in
accordance with the review procedures of these regulations, provided they are
not prohibited by any other applicable law and they are conducted in a manner
so as to minimize impacts to the buffer and adjacent wetland:
a. Conservation and Restoration Activities. Conservation or restoration
activities aimed at protecting the soil, water, vegetation, or wildlife and in
accordance with an approved critical area report;
b. Passive Recreation. Passive recreation facilities designed in accordance
with an approved critical area report;
c. Stormwater Management Facilities. Stormwater management outfall
facilities are allowed in accordance with an approved critical areas report
with no net loss of function to the wetland and wetland buffer. However,
stormwater facilities beyond those necessary to ensure continued
predevelopment stormwater flows to wetlands may only be permitted
through the Shoreline Conditional Use process.
8. Construction Practices. All construction adjacent to a wetland buffer(s) shall
be undertaken pursuant to best management practices as set forth in city code
and post-construction uses shall comply with best operating procedures as set
forth in City Code.
G. Signs and Fencing of Wetlands.
1. Temporary Markers. The outer perimeter of the wetland or buffer and the
limits of those areas to be disturbed pursuant to an approved permit or
authorization shall be marked in the field in such a way as to ensure that no
unauthorized intrusion will occur during construction and is subject to
inspection by the Administrator prior to the commencement of permitted
activities. This temporary marking shall be maintained throughout
construction and shall not be removed until permanent signs, if required, are
in place.
2. Permanent Signs. As a condition of any permit or authorization issued
pursuant to these regulations, the Administrator may require the applicant to
install permanent signs or markers along the boundary of a wetland or buffer.
3. Fencing.
a. The Administrator shall determine if fencing is necessary to protect the
functions and values of the critical area. If found to be necessary, the
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Planning Commission, City Council, or Hearing Examiner shall condition
any permit or authorization issued pursuant to these regulations to require
the applicant to install a permanent fence at the edge of the wetland buffer,
when fencing will prevent future impacts to the wetland.
b. The applicant shall be required to install a permanent fence around the
wetland or buffer when domestic grazing animals are present or may be
introduced on site.
c. Fencing installed as part of a proposed activity or as required in this
subsection shall be designed so as to not interfere with species migration,
including fish runs, and shall be constructed in a manner that minimizes
impacts to the wetland and associated habitat.
4. Buffer Isolation. If a portion of a required buffer is effectively isolated from
the remainder of the buffer or its associated wetland by existing development
such as a road, building, paving, etc., in such a way that it cannot perform the
usual functions of a buffer, it shall not be identified as a buffer.
A-4.9 Performance standards--Compensatory mitigation
requirements.
Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater
hydrological and biologic functions. There shall be no net loss of ecological function and
value as a result of any mitigation project, with risks reduced through the use of
mitigation ratios. Compensatory mitigation plans shall be consistent with the State
Department of Ecology Wetland Mitigation in Washington State publications #06-06-11a
and #06-06-011b as revised.
A. Mitigation shall be required in the following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an
action;
2. 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;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
4. Reducing or eliminating the impact over time by preservation and
maintenance operations;
5. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments.
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B. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall
address functions affected by the alteration to achieve functional equivalency or
improvement and shall provide similar wetland functions to those lost, except
when:
1. The lost wetland provides minimal functions as determined by a site-specific
function assessment, and the proposed compensatory mitigation action(s) will
provide equal or greater functions or will provide functions shown to be
limiting within a watershed through a formal Washington State Watershed
Assessment Plan or protocol; or
2. Out-of-kind replacement will best meet formally identified watershed goals,
such as replacement of historically diminished wetland types.
C. Preference of Mitigation Actions. Mitigation actions that require compensation by
replacing, enhancing, or substitution shall occur in the following order of
preference:
1. Restoring wetlands on upland sites that were formerly wetlands;
2. Creating wetlands on disturbed upland sites such as those with vegetative
cover consisting primarily of nonnative introduced species. This should only
be attempted when there is a consistent source of hydrology and it can be
shown that the surface and subsurface hydrologic regime is conducive for the
wetland community that is being designed;
3. Enhancing significantly degraded wetlands in combination with restoration or
creation. Such enhancement should be part of a mitigation package that
includes replacing the impacted area meeting appropriate ratio requirements.
D. Type and Location of Mitigation. Unless it is demonstrated that a higher level of
ecological functioning would result from an alternate approach, compensatory
mitigation for ecological functions shall be either in-kind and on-site, or in-kind
and within the same stream reach, sub-basin, or drift cell. Mitigation actions shall
be conducted within the same subdrainage basin and on the site as the alteration
except when all of the following apply:
1. There are no reasonable on-site or in-subdrainage basin opportunities or on-
site and in-subdrainage basin opportunities do not have a high likelihood of
success, after a determination of the natural capacity of the site to mitigate for
the impacts. Consideration should include: anticipated wetland mitigation
replacement ratios, buffer conditions and proposed widths, hydrogeomorphic
classes of on-site wetlands when restored, proposed flood storage capacity,
potential to mitigate riparian fish and wildlife impacts (such as connectivity);
2. Off-site mitigation has a greater likelihood of providing equal or improved
wetland functions than the impacted wetland provides; and
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3. Off-site locations shall be in the same subdrainage basin unless:
a. Established watershed goals for water quality, flood or conveyance,
habitat, or other wetland functions have been established and strongly
justify location of mitigation at another site, or
b. Credits from a state certified wetland mitigation bank are used as
mitigation and the use of credits is consistent with the terms of the bank's
certification.
E. Mitigation Timing. Mitigation projects shall be completed with an approved
monitoring and maintenance plan prior to activities that will disturb wetlands. In
all other cases, mitigation shall be completed immediately following disturbance
and prior to use or occupancy of the activity or development adjacent to the
wetlands. Construction of mitigation projects shall be timed to reduce impacts to
existing fisheries, wildlife, and flora.
The Shoreline Administrator may authorize a one-time temporary delay, up to one
hundred twenty days, in completing minor construction and landscaping when
environmental conditions could produce a high probability of failure or significant
construction difficulties. The delay shall not create or perpetuate hazardous
conditions or environmental damage or degradation, and the delay shall not be
injurious to the health, safety, and general welfare of the public. The request for
the temporary delay must include a written justification that documents the
environmental constraints that preclude implementation of the mitigation plan.
The justification must be verified and approved by the city and include a financial
guarantee.
F. Mitigation Ratios.
1. Acreage Replacement Ratios. The ratios in Table 4-3 shall apply to creation or
restoration that is in-kind, is on-site, is the same category, is timed prior to or
concurrent with alteration, and has a high probability of success. These ratios
do not apply to remedial actions resulting from unauthorized alterations;
greater ratios shall apply in those cases. These ratios do not apply to the use of
credits from a state certified wetland mitigation bank. When credits from a
certified bank are used, replacement ratios should be consistent with the
requirements of the bank's certification. The first number specifies the acreage
of replacement wetlands and the second specifies the acreage of wetlands
altered.
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Table A-4-3 Required Mitigation Ratios
(excerpted from Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District,
and U.S. Environmental Protection Agency Region 10. March 2006. Wetland Mitigation in Washington
State ± Part 1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology
Publication #06-06-011a. Olympia, WA.) Category and Type of Wetland Impacts Re-establishment or Creation Rehabilitation Only1 Re-establishment or Creation (R/C) and Rehabilitation (RH)1 Re-establishment or Creation (R/C) and Enhancement (E)1 Enhancement Only1 Wetland Buffer
Impacts
Not
applicable Not applicable Not applicable Not applicable 1:1
All Category IV 1.5:1 3:1 1:1 R/C and
1:1RH
1:1 R/C and
2:1 E 6:1
All Category III 2:1 4:1 1:1 R/C and 2:1
RH
1:1 R/C and
4:1 E 8:1
Category II 3:1 6:1 1:1 R/C and 4:1
RH
1:1 R/C and
8:1 E 12:1
Category I
Forested 6:1 12:1 1:1 R/C and
10:1 RH
1:1 R/C and
20:1 E 24:1
Category I - based
on score for
functions
4:1 8:1 1:1 R/C and 6:1
RH
1:1 R/C and
12:1 E 16:1
Category I Natural
Heritage site Not allowed
6:1 Rehabilitation
of a Natural
Heritage site
Not allowed Not allowed Case-by-
case
Category I Bog Not allowed 6:1 Rehabilitation
of a bog Not allowed Not allowed Case-by-
case
[1] These ratios are based on the assumption that the rehabilitation or enhancement actions implemented
represent the average degree of improvement possible for the site. Proposals to implement more effective
rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a
higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation
and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation
and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for
enhancement
2. Increased Replacement Ratio. The Administrator may increase the ratios
under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or
creation,
1 These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of
improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower
ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut.
Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and
enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement
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b. A significant period of time will elapse between impact and replication of
wetland functions,
c. Proposed mitigation will result in a lower category wetland or reduced
functions relative to the wetland being impacted, or
d. The impact was an unauthorized impact.
G. Wetlands Enhancement as Mitigation.
1. Impacts to wetland functions may be mitigated by enhancement of existing
degraded wetlands and/or buffers using the ratios specified in Table 4-3.
Applicants proposing to enhance wetlands must produce a critical area report
that identifies how enhancement will increase the functions of the degraded
wetland and how this increase will adequately mitigate for the loss of wetland
area and function at the impact site. An enhancement proposal must also show
whether existing wetland functions will be reduced by the enhancement
actions.
H. Wetland Mitigation Banks.
1. 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 Administrator determines that 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.
2. Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the banks certification.
3. 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, bank service areas may include portions of more than one
adjacent drainage basin for specific wetland functions.
A-4.10 Performance standards--Subdivisions.
The subdivision and short subdivision of land in wetlands and associated buffers is
subject to the following:
A. Land that is located wholly within a wetland or its buffer may not be subdivided;
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B. Land that is located partially within a wetland or its buffer may be subdivided
provided that an accessible and contiguous portion of each new lot is:
1. Located outside of the wetland and its buffer, and
2. Meets the minimum lot size requirements of the city.
C. Access roads and utilities serving the proposed subdivision may be permitted
within the wetland and associated buffers only if the city determines that no other
feasible alternative exists and when consistent with these regulations.
A-4.11 Uses by right.
The following uses shall be allowed as a right within a wetland to the extent that they are
not prohibited by any other ordinance or law; are consistent with the Shoreline
Exemptions outlined in Section 2.4 of this Master Program; and provided they do not
require structures, grading, fill, draining, or dredging except as provided herein or
authorized by Shoreline Conditional Use Permit:
A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other
wildlife that does not entail changing the structure or functions of existing
wetland;
B. Outdoor recreational activities, including fishing, birdwatching, hiking, boating,
horseback riding, swimming, canoeing, and similar activities with limited
environmental impact;
C. Enhancement of a wetland through the removal of nonnative invasive species.
Weeding shall be restricted to hand removal and weed material shall be removed
from the site. Bare areas that remain after weed removal shall be revegetated with
native shrubs and trees at natural densities. Some hand seeding may also be done
over the bare areas with native herbs;
D. Education, scientific research, and nature trails;
E. Uses by right that do not require a special permit and that may involve filling,
flooding, draining, dredging, ditching, or excavating to the extent specifically
provided below:
1. Maintenance or repair of lawfully located roads or structures and of facilities
used in the service of the public to provide transportation, electric, gas, water,
telephone, telegraph, telecommunication, or other services, provided that such
roads, structures, or facilities are not materially changed or enlarged and
written notice prior to the commencement of work has been given to the
planning department and provided that the work is conducted using best
management practices to ensure that flow and circulation patterns, and
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chemical and biological characteristics of the wetland, are not impaired and
that any adverse effect on the aquatic environment will be minimized,
2. Limited excavating and filling necessary for the repair and maintenance of
piers, walkways, observation decks, wildlife management shelters,
boathouses, and other similar water-related structures, provided that they are
built on pilings to allow unobstructed flow of water and preserve the natural
contour of the wetland, except as authorized by special permit.
A-4.12 Special permit uses (Conditional Use Permits).
Regulated activities other than those specified in Subsection A-4.11 of these regulations
may not be conducted except upon application to the planning department and issuance
of a Shoreline Conditional Use Permit.
A-4.13 Shoreline Conditional Use Permits.
Application for a Shoreline Conditional Use Permit to conduct a regulated activity shall
be made to the planning department on forms furnished by that office. See Section 3.1 of
this Master Program and AMC 18.16.
A-4.14 Permit applications.
Application for a Shoreline Conditional Use permit for a regulated activity shall include,
but not be limited to, the following unless waived with written justification by the
planning department:
A. The purpose of the project and an explanation of why the proposed activity
requires a wetland location or access to wetlands, or cannot be located at other
sites;
B. A site plan drawn to an appropriate scale showing the wetland district boundary
and the wetland boundary as determined by field survey; the width, depth, and
length of all existing and proposed structures, roads, watercourses, and
drainageways; water, wastewater, and stormwater facilities; utility installations
within three hundred feet of a wetland; and the relationship of the proposed
activity and any potentially affected wetland to the entire parcel of land owned by
the applicant;
C. A description of the wetland or wetlands that will be affected by the regulated
activity, including a sketch plan for the entire wetland drawn to a scale
appropriate to delineate all significant or affected features, the area that may be
filled or impacted; vegetation type; wetland water sources; and a general
characterization of the habitat, wildlife, and common plants;
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D. Soil types on the site and the exact locations and specifications for all proposed
draining, filling, grading, dredging, and vegetation removal, including the
amounts and methods;
E. Adjacent land use;
F. Elevations of the site and adjacent lands within three hundred feet of the site at
contour intervals of no greater than five feet; and
G. Any other required elements outlined in AMC Chapter 18.16 or Section 3.1 of
this Master Program
The planning department may require additional information, including, but not
limited to, documentation and evidence of a wetland boundary determination by
field survey; an assessment of wetland functional characteristics; documentation
of the ecological, aesthetic, economic, or other values of a wetland, a study of
flood, erosion, or other hazards at the site; evidence of any protective measures
that might be taken to reduce such hazards; and any other information deemed
necessary to verify compliance with the provisions of these regulations or to
evaluate the proposed use in terms of the purposes of these regulations.
Any person who wants to know whether a proposed activity or an area is subject
to these regulations may request in writing a determination from the planning
department. Such a request for determination shall contain plans, data, and other
information as may be requested by the planning department to assist in making
the determination.
At the time of an application or request for determination, the applicant shall pay
a filing fee sufficient to cover the costs of evaluation of the application as
specified by city ordinance. These fees may be used to retain expert consultants
who will provide services pertaining to wetland boundary determinations,
functional assessment, and mitigation measures, as deemed necessary by the
planning department.
Upon receipt of the completed application, the planning department shall notify
the individuals and agencies, including federal and state agencies, having
jurisdiction over or an interest in the matter to provide such individuals and
agencies an opportunity to comment.
The planning department shall establish a mailing list of all interested persons and
agencies who wish to be notified of such applications.
A-4.15 Public hearing and recommendations.
Chapter 18.16 Shoreline Master Program of the Anacortes Municipal Code, Chapter
17.62 Public Hearings, and Section 3.1 of this Master Program outline the Shoreline
Conditional Use Permit procedures. No later than sixty days after receipt of a complete
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Conditional Use Permit application and after at least fifteen days' advance notice that the
application has been published in one newspaper having general circulation in the area,
the planning commission shall hold a public hearing on the application.
Any person may present evidence and testimony at the hearing. At the hearing, the
applicant shall have the burden of demonstrating that the proposed activity will be on
accordance with the purposes of these regulations and the standards set forth below.
A-4.16 Additional standards for Conditional Use Permits.
The city, after according consideration to the comments of the general public, other
affected municipalities and counties, and federal and state agencies with jurisdiction over
the area in question, shall issue a Shoreline Conditional Use Permit only if it is found that
the regulated activity is determined to be in the public interest in accordance with Section
A-4.18 of these regulations and that the applicant has demonstrated by a preponderance
of the evidence that the regulated activity satisfies the review criteria contained in Section
3.1.D of this Master Program and:
A. Is water-dependent or requires access to the wetland as a central element of its
basic function, or is not water-dependent but has no practicable alternative;
B. Will result in minimum feasible alteration or impairment to the wetland's
functional characteristics and its existing contour, vegetation, fish and wildlife
resources, and hydrological conditions;
C. Will not jeopardize the continued existence of species that appear on federal or
state endangered or threatened species lists; or on the Department of Fish and
Wildlife list of species of special concern in Skagit County.
D. Will not cause significant degradation of groundwater or surface-water quality;
E. Complies with all applicable state, local, and federal laws, including those related
to sediment control, pollution control, floodplain zoning, and on-site wastewater
and stormwater disposal;
F. Will provide the mandated wetland buffer area between the wetland and upland
activities for those portions of a regulated activity that need not be conducted in
the wetland; and
G. Complies with other standards contained in these regulations, including those
pertaining to wetland enhancement, creation, and restoration as required.
A-4.17 Practicable alternative test.
For all permit applications, an alternative site for the proposed activity shall be
considered practicable if it is available and the proposed activity can be carried out on
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that site after taking into consideration costs, existing technology, infrastructure, and
logistics, in light of overall project purposes.
There is no practicable alternative if the applicant demonstrates all of the following to the
satisfaction of the Shoreline Administrator:
A. The basic purpose of the project cannot reasonably be accomplished using one or
more other sites in the general region that would avoid or result in less adverse
impact on a wetland;
B. The basic purpose of the project cannot be accomplished by a reduction in the
size, scope, configuration, or density of the project as proposed or by changing the
design of the project in a way that would avoid or result in fewer adverse effects
on the wetland; and
C. In cases where the applicant has rejected alternatives to the project as proposed
due to constraints such as inadequate zoning, infrastructure, or parcel size, the
applicant has made reasonable attempts to remove or accommodate such
constraints.
A-4.18 Public interest test.
In determining whether a proposed regulated activity in any wetland is in the public
interest, the city council shall consider the following as a part of its Conditional Use
Permit review under Section 3.1.D of this Master Program and Section A-4.16 of these
regulations.
A. The extent of the public need for the proposed activity;
B. The extent and permanence of the beneficial or detrimental effects that the
proposed regulated activity may have on the public and private uses for which the
property is suited;
C. The quality of the wetland that may be affected and the amount of wetland to be
disturbed with the quality of the wetland to be evaluated using procedures
specified in the Washington State wetland assessment method;
D. The economic value of the proposed regulated activity to the general area; and
E. The ecological value of the wetland and probable impact on public health and
safety, fish, plants, and wildlife.
A-4.19 Shoreline Conditional Use Permit conditions.
The city council shall attach such conditions to the granting of a Shoreline Conditional
Use Permit as deemed necessary to carry out the purposes of these regulations. Such
conditions may include but are not limited to:
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A. Limitations on minimum lot size for any regulated activity;
B. Requirements that structures be elevated on piles and otherwise protected against
natural hazards;
C. Modification of waste disposal and water supply facilities;
D. Imposition of operational control, sureties, and deed restrictions concerning future
use and subdivision of lands, such as flood warnings, preservation of undeveloped
areas in open space use, and limitation on vegetation addition or removal;
E. Dedication of easements to protect wetlands;
F. Establishment of vegetated buffer zones separating and protecting the wetland
from proposed activities;
G. Erosion control and stormwater management measures;
H. Setbacks for structures and restrictions on fill, deposit of soil, and other activities
in the wetland;
I. Modification in project design to ensure continued water supply to the wetland
and circulation of water;
J. Creation or restoration of an area of wetland; and
K. Development of a plan to guide actions involving the creation of a new wetland or
the restoration of a damaged or degraded wetland.
The planning department shall require a bond in an amount and with surety and
conditions sufficient to secure compliance with the conditions and limitations set
forth in the permit. The particular amount and the conditions of the bond shall be
consistent with the purposes of these regulations. In the event of a breach of any
condition of any such bond, the planning department may institute an action in a
court of competent jurisdiction upon such bond and prosecute the same to
judgment and execution.
A-4.20 Wetland restoration and creation.
As a condition of a permit issued or as an enforcement action under these regulations, the
city shall require that the applicant engage in the restoration or creation of wetlands in
order to offset, in whole or in part, the losses resulting from an applicant's or violator's
actions. In making a determination of whether such a requirement will be imposed, and,
if so, the degree to which it would be required, the planning department will consider the
following:
A. The long and short-term effects of the action upon wetland and associated aquatic
ecosystem, and the reversible or irreversible nature of the impairment or loss;
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B. The type and benefit of the wetland functions and associated resources lost;
C. The type, size, and location of the wetland altered, and the effect it may have
upon the remaining system or watershed of which the wetland is a part;
D. Observed or predicted trends with regard to the gains or losses of this type of
wetland in the watershed, in light of natural and human processes;
E. The cost and likely success of the possible compensation measures in relation to
the magnitude of the proposed project or violation; and
F. The degree to which the applicant has demonstrated a good-faith effort to
incorporate measures to minimize and avoid wetland impacts within the proposed
project.
If wetland restoration or creation is required by the city, the applicant or violator
shall develop a wetland restoration or creation plan for review and approval of the
planning department. The creation or restoration of wetlands shall not be an
alternative to the standards set forth in Section A-4.17 of these regulations but
shall be used only to compensate for unavoidable losses.
The plan should state the exact location, of the proposed site; ownership; size,
type and complete ecological assessment (flora, fauna, hydrology, wetland
functions, etc.) of the wetland being restored or the area where a new wetland will
be created; and the natural suitability of the proposed site for establishing the
replacement wetland (i.e., water source and drainage patterns, topographic
position, wildlife habitat opportunities, value of the existing area to be converted,
etc.). In addition, plan view and cross-sectional, scaled drawings; topographic
survey data, including slope percentage and final grade elevations; and other
technical information are required in sufficient detail to explain, illustrate, and
provide for:
1. Soil and substrate conditions; topographic elevations; grading and excavation;
erosion and sediment control needed for wetland construction and long-term
survival;
2. Planting plans specifying plant species types, quantities, locations, size,
spacing, or density; source of plant materials, propagules, or seeds; timing,
season, water, and nutrient requirements for planting; and, where appropriate,
measures to protect plants from predation;
3. Water-quality parameters, water source, water depths, water-control
structures, and water-level maintenance practices needed to achieve the
necessary ambient water conditions and hydrocycle/hydroperiod
characteristics;
4. Mid-course corrections and a five- or ten-year monitoring and replacement
plan establishing responsibility for removal of exotic and nuisance vegetation
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and permanent establishment of the wetland system and all its component
parts (five years is recommended for emergent vegetation and ten years for
forested and scrub-shrub wetland sites);
5. A demonstration of fiscal, administrative, and technical competence of
sufficient standing to successfully execute the overall project.
A-4.21 Wetland enhancement, restoration, and creation
alternatives.
Ordinarily, the applicant or violator shall undertake restoration or creation efforts on or
adjacent to the site where permanent losses have been sustained or where restoration of a
former wetland is possible. Replication "in-kind" of the impacted wetland will be the
preferred alternative for creation or restoration efforts. Where the applicant has
demonstrated to the satisfaction of the Shoreline Administrator that this approach is
infeasible due to technical constraints, such as parcel or wetland size or wetland type, or
that a wetland of a different type or location is strongly justified based on regional needs
or the functional value of the impacted wetland, the Shoreline Administrator may accept
or recommend an alternative proposal. Such proposal may involve monetary
compensation as provided for in this section or the creation or restoration "out-of-kind"
and "off-site."
The council shall set reasonable fees for compensation of wetland losses based upon the
amount that would be required to perform on-site, in-kind restoration or creation. Where
the city council determines that the public interest is better served, the city council may
require a fee in lieu of direct action on behalf of the applicant or violator to initiate
restoration or creation projects. Such fees shall be held in escrow for the express use of
wetland creation and restoration projects and shall not be commingled with other funds.
Work shall begin within twelve months and be completed no later than twenty-four
months from receipt of a fee in lieu.
A-4.22 Suspension, revocation.
The planning department may suspend or revoke a permit if it finds that the applicant has
not complied with the conditions or limitations set forth in the permit or has exceeded the
scope of the work set forth in the permit. The planning department shall cause notice of
the denial, issuance, conditional issuance, revocation, or suspension of a permit to be
published in a timely manner in a daily or weekly newspaper having a broad circulation
in the area wherein the wetland lies.
A-4.23 Nonconforming activities.
This section supplements the general nonconforming provisions found in Chapter 3 of
this Master Program only as the regulated activities listed below relate specifically to
nonconforming uses, development and structures in wetlands or wetland buffers. A
regulated activity that was lawful before the passage of these regulations, but which is not
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in conformity with the provisions of these regulations, may be continued subject to the
following:
A. No such structure or use shall be expanded, changed, enlarged, or altered in any
way that increases its nonconforming character relative to the provisions of these
regulations without securing a Shoreline Conditional Use Permit, except as
specifically authorized in subsections (B) and (C) of this section.
B. State Ferry Terminal: the existing developed footprint, except for infill between
the toll booth area in the lowest parking lot, hillside walking paths, and a hillside
side slope along the western side of the main terminal parking lot, and including
all associated parking, at the Washington State Ferry Terminal facility, shall not
be increased and redevelopment may occur provided there is no net loss of
ecological function and value in the adjacent buffer areas for Cannery Pond and
Ship Harbor Interpretive Preserve wetlands.
C. Shannon Point Marine Center: the buffer area surrounding Cannery Pond shall
conform to the following distances: two hundred twenty-five feet along the
western boundary of the wetland to its southwestern corner, with this line
extending southward parallel to, and one hundred feet east of, the access road to a
point four hundred feet south of the southern edge of the wetland; the southern
edge of the buffer will be an east-west line perpendicular to the east property
boundary connecting with the west buffer boundary as described above. Where
the access road falls within the buffer boundary (west side of wetland), SPMC
may undertake maintenance and repair of the road and underground utilities as
specified in Section A-4.11 of these regulations.
D. Final plat approvals, conditional use permits, and building permits issued after the
adoption of the city's first wetland ordinance (Ordinance #2131, adopted January
2, 1990) but before the effective date of the ordinance codified in these
regulations will continue to be controlled by the version of these regulations in
effect at the time of their final approval/permit issuance except that all new uses
and developments or redevelopments shall be consistent with current applicable
ordinances.
E. In the event that a structure defined as nonconforming relative to provisions of
these regulations is destroyed by fire or remodeled, it may be rebuilt in such a
way that does not increase the nonconformity, but such rebuilding or remodeling
shall not trigger a requirement for restoration of wetlands, streams, or buffers that
were altered in a way that was legal at the time of their alteration.
A-4.24 Adaptive management.
The city will monitor all construction projects undertaken adjacent to a wetland buffer(s)
after the effective date of the ordinance codified in these regulations at least once a year
in order to assess buffer function and the use of city prescribed best operating procedures.
From year to year the city will ensure that there is no net loss of buffer ecological
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function and value, on a citywide basis. In the event that such a situation occurs the city
will promptly mitigate for any loss and take an y further corrective action necessary to
ensure that this situation does not reoccur. Corrective action may involve widening
buffers, fines, and/or performance bonds.
A-5. Fish and Wildlife Conservation Areas
A-5.1 Designation of fish and wildlife habitat conservation
areas.
A. Fish and wildlife habitat conservation areas include:
1. Areas with which state or federally designated endangered, threatened, and
sensitive species have a primary association.
a. Federally designated endangered and threatened species are those fish and
wildlife species identified by the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service that are in danger of extinction or
threatened to become endangered. The U.S. Fish and Wildlife Service and
the National Marine Fisheries Service should be consulted for current
listing status.
b. State designated endangered, threatened, and sensitive species are those
fish and wildlife species native to the State of Washington identified by
the Washington Department of Fish and Wildlife, that are in danger of
extinction, threatened to become endangered, vulnerable, or declining and
are likely to become endangered or threatened in a significant portion of
their range within the state without cooperative management or removal of
threats. State designated endangered, threatened, and sensitive species are
periodically recorded in WAC 232-12-014 (state endangered species) and
WAC 232-12-011 (state threatened and sensitive species). The State
Department of Fish and Wildlife maintains the most current listing and
should be consulted for current listing status.
This subsection shall not apply to hair seals and sea lions that are threatening to
damage or are damaging commercial fishing gear being utilized in a lawful
manner or when said mammals are damaging or threatening to damage
commercial fish being lawfully taken with commercial gear.
2. State Priority Habitats and Areas Associated With State Priority Species.
Priority habitats and species are considered to be priorities for conservation
and management. Priority species require protective measures for their
perpetuation due to their population status, sensitivity to habitat alteration,
and/or recreational, commercial, or tribal importance. Priority habitats are
those habitat types or elements with unique or significant value to a diverse
assemblage of species. A priority habitat may consist of a unique vegetation
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type or dominant plant species, a described successional stage, or a specific
structural element. Priority habitats and species are identified by the State
Department of Fish and Wildlife and may be designated as appropriate
through the process detailed in subsection (A)(3) of this section.
3. Habitats and Species of Local Importance. Habitats and species of local
importance are those identified by the city, including, but not limited to, those
habitats and species that, due to their population status or sensitivity to habitat
manipulation, warrant protection (see Appendix A-1 of this Master Program).
Habitats may include a seasonal range or habitat element with which a species
has a primary association, and which, if altered, may reduce the likelihood
that the species will maintain and reproduce over the long-term. The City
shall maintain and periodically update a list of identified habitats and species
of local importance.
a. Designation Process. The city shall consider nominations for habitat areas
and species to be designated as locally important on an annual basis,
following the procedures set forth in the city comprehensive plan,
Appendix F.
i. Habitats and species to be designated shall exhibit the following
characteristics:
(1) Local populations of native species are in danger of extirpation
based on existing trends:
(2) Local populations of native species that are likely to become
endangered, or
(3) Local populations of native species that are vulnerable or
declining;
(4) The species or habitat has recreation, commercial, game, tribal, or
other special value;
(5) Long-term persistence of a species is dependent on the protection,
maintenance, and/or restoration of the nominated habitat;
(6) Protection by other county, state, or federal policies, laws,
regulations, or nonregulatory tools is not adequate to prevent
degradation of the species or habitat in; and
(7) Without protection, there is a likelihood that the species or habitat
will be diminished over the long-term.
ii. Areas nominated to protect a particular habitat or species must
represent either high-quality native habitat or habitat that has a high
potential to recover to a suitable condition and which is of limited
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availability, highly vulnerable to alteration, or provides landscape
connectivity which contributes to the integrity of the surrounding
landscape.
iii. Habitats and species may be nominated for designation by any
person.
iv. The nomination should indicate whether specific habitat features are
to be protected (for example, nest sites, breeding areas, and nurseries),
or whether the habitat or ecosystem is being nominated in its entirety.
v. The nomination may include management strategies for the species or
habitats. Management strategies must be supported by best available
science, and where restoration of habitat is proposed, a specific plan
for restoration must be provided prior to nomination.
vi. The Administrator shall determine whether the nomination proposal is
complete, and if complete, shall evaluate it according to the
characteristics enumerated in subsection (A)(3)(i) of this section and
make a recommendation to the planning commission based on those
findings.
vii. The planning commission shall hold a public hearing for proposals
found to be complete in accordance with city hearing procedures and
make a recommendation to the city council based on the characteristics
enumerated in subsection (A)(3)(i) of this section.
viii. Following the recommendation of the planning commission, the city
council shall determine whether the nominated habitat or species shall
be designated a habitat or species of local importance.
ix. Approved nominations will be subject to the provisions of these
regulations.
b. The following areas are designated as habitats of local importance:
i. The Anacortes Community Forest Lands, subject to the uses by right
exemption set forth in Section A-4.11 of these regulations. Unless
otherwise protected by perpetual deed restrictions, permanent habitat
protection within the ACFL shall be accomplished through the city's
conservation easement program.
ii. The March Point Heronry, with the understanding that even though it
is currently outside the city limits and therefore under Skagit County
jurisdiction, a habitat management plan using CAO guidelines and
professional scientific analysis shall be developed prior to any city
development permit(s) being issued for any parcels of property within
the city limits that are adjacent to the March Point Heronry.
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iii. The one and one-half acre "Park Reserve" at Cap Sante bounded by
3rd Street, East Park Drive, and Curtis Drive.
4. Commercial and Recreational Shellfish Areas. These areas include all public
and private tidelands or wetlands suitable for shellfish harvest, including
shellfish protection districts established pursuant to Chapter 90.72 RCW.
5. Kelp and eelgrass beds and herring and smelt spawning areas.
6. Naturally Occurring Ponds Under Twenty Acres But Larger Than Two
Thousand Five Hundred Square Feet. Naturally occurring ponds are those
ponds under twenty acres and their submerged aquatic beds that provide fish
or wildlife habitat, including those artificial ponds intentionally created from
dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do
not include ponds deliberately designed and created from dry sites, such as
canals, detention facilities, water or wastewater treatment facilities, farm
ponds, temporary construction ponds, and landscape amenities, unless such
artificial ponds were intentionally created for mitigation.
7. Stream Designations.
a. The following fifteen streams are hereby designated as FWHCAs for those
stretches that are not in culverts or artificially created ditches as of
December 31, 2003: Whistle Creek, Happy Valley Stream, Ace of Hearts
Creek, Beaver Brook, Cranberry Creek, Clyde Creek, Anaco Bourn (given
the particular characteristics of this subsection (A)(7)(c) of this section
will be applicable to portions of this stream corridor), Morrison Run,
Cedar Springs, Weaverling Rill, Miller Creek, Aqua Creek, Howard
Creek, Summit Creek, and March's Run.
b. Stream Buffers. Within these FWHCAs fifty-foot buffers, on each side of
the creek, measured from the top of the bank, are hereby established, and
therein:
i. All new subdivisions of land must demonstrate that existing
ecological functions and values of these streams and their buffers
are at least maintained (and preferably enhanced);
ii. Prior to issuing a building permit, the building department must
have documents(s) and photographs on file describing the existing
ecological function and value of the fifty-foot buffer in general
terms and a description of how the property owner will ensure that
this existing function and value will be maintained over time.
Every year the building department will commission an evaluation
by a qualified riparian scientist as to whether or not on a
cumulative basis ecological function and value has been
maintained on all sites subject to building permit since January 1,
2004. If at any time this standard is not achieved, the city shall
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either adopt a regulatory scheme to ensure that the standard is met
or actually restore buffers to ensure that the standard is met.
iii. The documentation called for in subsection (A)(7)(b)(ii) of this
section shall consist of the following: a description of the existing
stream characteristics on the subject and adjacent properties; any
known water quality or quantity issues; streambed width and
substrate; the presence of wetlands, if any, and their character;
stream buffer characteristics in terms of species and habitat
functions; a description of the project impacts; a description of the
proposed mitigation; a planting plan with numbers and species of
plants proposed; as-built reporting; and, three-year performance
and maintenance standards. A guidance document shall be
provided by the city planning department.
iv. The adaptive management program called for in subsection
(A)(7)(b)(ii) of this section shall consist of the following: using the
information in subsection (A)(7)(b)(iii) of this section to calculate
the pre-development habitat function of each property covered by
these regulations, a site visit to determine the current stream buffer
habitat functional value, calculation of the total net habitat gain or
loss for all properties covered by this regulation, and corrective
action as necessary.
c. Converting Culverts and Ditches to Streams. Property owners or
developers shall be encouraged to open up, or daylight, portions of
streams that are in culverts, and return streams that are in artificial ditches
to a more natural state. Streams that were in culverts or artificial ditches,
as of December 31, 2003 shall only be subject to ten-foot buffers, with
enhanced buffer planting and may use the platting or boundary line
adjustment process to:
i. Reduce individual lot sizes to any buildable configuration provided
the total square footage of the new lots plus the stream and buffer
square footage equals or exceeds the total square footage for an
equal number of minimum size lots in that zone prior to removing
the stream from the culvert.
8. Lakes, ponds, streams, and rivers planted with game fish by a governmental or
tribal entity.
9. State Natural Area Preserves and Natural Resource Conservation Areas.
Natural area preserves and natural resource conservation areas are defined and
established by the Washington State Department of Natural Resources.
10. Areas of Rare Plant Species and High Quality Ecosystems. Areas of rare
plant species and high quality ecosystems are identified by the Washington
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State Department of Natural Resources through the Natural Heritage Program
as designated through the process detailed in subsection (A)(3) of this section.
11. Land useful or essential for preserving connections between habitat blocks
and open spaces as designated through the process detailed in subsection
(A)(3) of this section.
12. Critical Fresh and Saltwater Habitat as described in Section 6.7.
B. All areas within the city having one or more of these characteristics are hereby
designated critical areas and are subject to this Shoreline Master Program.
C. Mapping. The approximate location and extent of habitat conservation areas are
shown on the critical area maps adopted by the city, as most recently updated. The
following critical area maps are hereby adopted:
1. Washington Department of Fish and Wildlife Priority Habitat and Species
maps;
2. Washington State Department of Natural Resources, Official Water Type
Reference maps, as amended;
3. Washington State Department of Natural Resources Puget Sound Intertidal
Habitat Inventory maps;
4. Washington State Department of Natural Resources Shorezone Inventory;
5. Washington State Department of Natural Resources Natural Heritage Program
mapping data;
6. Washington State Department of Health Annual Inventory of Shellfish
Harvest Areas;
7. Anadromous and resident salmonid distribution maps contained in the habitat
limiting factors reports published by the Washington Conservation
Commission;
8. Washington State Department of Natural Resources State Natural Area
Preserves and Natural Resource Conservation Area maps;
9. City official habitat maps; and
10. NOAA Northwest Region Critical Habitat Mapper or equivalent source:
http://map.streamnet.org/website/CriticalHabitat/viewer.htm. The website
SUHVHQWVLQIRUPDWLRQFRQVLVWHQWZLWKWKH&LW\¶VGHILQLWLRQRIKDELWDW
conservation areas.
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These maps are to be used as a guide for project applicants, and/or property
owners and should be continuously updated as new critical areas are identified.
They are a reference and do not provide a final critical area designation.
A-5.2 Critical area report.
Critical area reports for habitat conservation areas must meet the requirements of this
section. Critical area reports for two or more types of critical areas must meet the report
requirements for each relevant type of critical area.
A. Preparation by a Qualified Professional. A critical areas report for a habitat
conservation area shall be prepared by a qualified professional who is a biologist
with experience preparing reports for the relevant type of habitat.
B. Areas Addressed in Critical Area Report. The following areas shall be addressed
in a critical area report for habitat conservation areas:
1. The project area of the proposed activity;
2. All habitat conservation areas and their associated buffers within three
hundred feet of the project area; and
3. All shoreline areas, floodplains, wetlands, streams, other critical areas, and
related buffers within three hundred feet of the project area.
C. Habitat Assessment. A habitat assessment is an investigation of the project area to
evaluate the potential presence or absence of designated critical fish or wildlife
species or habitat. A critical area report for a habitat conservation area shall
contain an assessment of habitats including the following site- and proposal-
related information at a minimum:
1. Detailed description of vegetation on and adjacent to the project area and its
associated buffer;
2. Identification of any species of local importance, priority species, or
endangered, threatened, sensitive, or candidate species that have a primary
association with habitat on or adjacent to the project area, and assessment of
potential project impacts to the use of the site by the species;
3. A discussion of any federal, state, or local special management
recommendations, including Washington Department of Fish and Wildlife
habitat management recommendations, that have been developed for species
or habitats located on or adjacent to the project area;
4. A detailed discussion of the direct and indirect potential impacts on habitat by
the project, including potential impacts to water quality;
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5. A discussion of measures, including avoidance, minimization, and mitigation,
proposed to preserve existing habitats and restore any habitat that was
degraded prior to the current proposed land use activity;
6. A discussion of ongoing management practices that will protect habitat after
the project site has been developed, including proposed monitoring and
maintenance programs.
D. Additional Information May Be Required. When appropriate due to the type of
habitat or species present or the project area conditions, the Administrator may
also require the habitat management plan to include:
1. An evaluation by an independent qualified professional hired by the city and
paid for by the applicant regarding the applicant's analysis and the
effectiveness of any proposed mitigating measures or programs, to include
any recommendations as appropriate;
2. A request for consultation with the Washington Department of Fish and
Wildlife or the local Native American Indian Tribe or other appropriate
agency; and
3. Detailed surface and subsurface hydrologic features both on and adjacent to
the site.
A-5.3 Performance standards--General requirements.
A. Alterations. A habitat conservation area may be altered only if the proposed
alteration of the habitat or the mitigation proposed does not degrade the
quantitative and qualitative functions and values of the habitat. All new structures
and land alterations not currently authorized shall be prohibited from habitat
conservation areas, except either in accordance with these regulations or this
Master Program.
B. Nonindigenous Species. No plant, wildlife, or fish species not indigenous to the
region shall be introduced into a habitat conservation area unless authorized by a
state or federal permit or approval.
C. Mitigation and Contiguous Corridors. Mitigation sites shall be located wherever
practicable to preserve or achieve contiguous wildlife habitat corridors in
accordance with a mitigation plan that is part of an approved critical area report to
minimize the isolating effects of development on habitat areas.
D. Approvals of Activities. Development within habitat conservation areas or their
buffer areas not otherwise permitted in these regulations shall be by Shoreline
Conditional Use Permit. Conditions may be established based on professional
scientific analysis and may include, but are not limited to, the following:
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1. Establishment of buffer zones;
2. Preservation of critically important vegetation and/or habitat features such as
snags and downed wood;
3. Limitation of access to the habitat area, including fencing and/or signage to
deter unauthorized access;
4. Seasonal restriction of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation
activities; and
6. Requirement of a performance bond, when necessary, to ensure completion
and success of proposed mitigation.
E. Mitigation and Equivalent or Greater Biological Functions. Mitigation of
alterations to habitat conservation areas shall achieve equivalent or greater
biologic and hydrologic functions and shall include mitigation for adverse impacts
upstream or downstream of the development proposal site. Mitigation shall
address each function affected by the alteration to achieve functional equivalency
or improvement on a per function basis.
F. Scientific Basis for Approvals. Any approval of alterations or impacts to a habitat
conservation area shall be supported by the professional scientific analysis.
G. Buffers.
1. Establishment of Buffers. The city shall require the establishment of buffer
areas for activities adjacent to habitat conservation areas on a case by case
basis based on a critical area report when needed to protect habitat
conservation areas. Buffers shall consist of an undisturbed area of native
vegetation or areas identified for restoration established to protect the
integrity, functions, and values of the affected habitat. Required buffer widths
shall reflect the nature of the existing vegetation, sensitivity of the habitat, and
the type and intensity of human activity proposed to be conducted nearby.
Habitat conservation areas and their buffers shall be preserved in perpetuity
through the use of native growth protection easements and critical area tracts.
In order to determine the need or extent of a buffer, critical area reports shall
be required for all development in or adjacent to a habitat conservation area
(see also DR-5.6.15).
2. Seasonal Restrictions. When a species is more susceptible to adverse impacts
during specific periods of the year, seasonal restrictions may apply. Larger
buffers may be required and activities may be further restricted during the
specified season.
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3. Habitat Buffer Averaging. The Administrator may allow the recommended
habitat area buffer width to be reduced in accordance with a critical area
report including professional scientific analysis only if:
a. It will not reduce stream or habitat functions;
b. It will not adversely affect salmonid habitat;
c. It will provide additional natural resource protection, such as buffer
enhancement;
d. The total area contained in the buffer area after averaging is no less than
that which would be contained within the standard buffer; and
e. Isolated buffers may not be included in any buffer averaging calculation.
4. Buffer Isolation. If a portion of a required buffer is effectively isolated from
the remainder of the buffer or its associated habitat areas by existing
development such as a road, building, paving, etc. in such a way that it cannot
perform the usual functions of a buffer, it need not be designated as a buffer.
H. Signs and Fencing of Habitat Conservation Areas.
1. Temporary Markers. The outer perimeter of the habitat conservation area or
buffer and the limits of those areas to be disturbed pursuant to an approved
permit or authorization shall be marked in the field in such a way as to ensure
that no unauthorized intrusion will occur and verified by the building official
prior to the commencement of permitted activities. This temporary marking
shall be maintained throughout construction and shall not be removed until an
occupancy permit has been issued and permanent signs, if required, are in
place.
2. Permanent Signs. As a condition of any permit or authorization issued
pursuant to these regulations, the aAministrator may require the applicant to
install permanent signs along the boundary of a habitat conservation area or
buffer.
3. Fencing.
a. The Administrator shall determine if fencing is necessary to protect the
functions and values of the critical area. If found to be necessary, the
Planning Commission, City Council, or Hearing Examiner shall condition
any permit or authorization issued pursuant to these regulations to require
the applicant to install a permanent fence at the edge of the habitat
conservation area or buffer, when fencing is needed to minimize future
impacts to the habitat conservation area.
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b. The applicant shall be required to install a permanent fence around the
habitat conservation area or buffer when domestic grazing animals are
present or may be introduced on-site.
c. Fencing installed as part of a proposed activity or as required in this
subsection shall be design so as to not interfere with species migration,
including fish runs, and shall be constructed in a manner that minimizes
habitat impacts.
I. Subdivisions. The subdivision and short subdivision of land in fish and wildlife
habitat conservation areas and associated buffers within shoreline jurisdiction is
subject to the city Shoreline Conditional Use Permit process.
A-5.4 Performance standards--Specific habitats.
A. Bald Eagle Habitat. Bald eagle habitat shall be protected pursuant to the
Washington State Bald Eagle Protection Rules (WAC 232-12-292). Whenever
activities are proposed adjacent to a verified nest territory or communal roost, a
habitat management plan shall be developed by a qualified professional. Approval
of the activity shall not occur prior to approval of the habitat management plan by
the Washington Department of Fish and Wildlife.
B. Wetland Habitats. All proposed activities within or adjacent to habitat
conservation areas containing wetlands shall conform to the wetland performance
standards set forth in Wetlands (Section A-4 of these regulations).
C. Riparian Habitat Areas. Unless otherwise allowed in these regulations, all
structures and activities shall be located outside of the riparian habitat area.
1. Establishment of Riparian Habitat Areas. Riparian habitat areas shall be
established for habitats that include aquatic and terrestrial ecosystems that
mutually benefit each other and that are located adjacent to rivers, perennial or
intermittent streams, seeps, and springs.
2. Riparian Habitat Area Widths. Recommended riparian habitat area
widths are shown in the Table A-5-1 below. A riparian habitat area shall
have the width recommended, unless a greater width is required
pursuant to subsection (C)(3) of this section, or a lesser width is allowed
pursuant to subsection (C)(4) of this section. Widths shall be measured
outward in each direction, on the horizontal plane, from the ordinary
high water mark, or from the top of bank, if the ordinary high water
mark cannot be identified. Riparian areas should be sufficiently wide to
achieve the full range of riparian and aquatic ecosystem functions, which
include but are not limited to protection of instream fish habitat through
control of temperature and sedimentation in streams; preservation of fish
and wildlife habitat; and connection of riparian wildlife habitat to other
habitats.
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Table A-5-1 REQUIRED BUFFER WIDTHS FOR
RIPARIAN HABITAT AREAS
Stream Type Recommended RHA
Widths
Type 1 and 2 250 feet
Type 3; or other perennial or fish bearing streams, 5--20 feet wide 200 feet
Type 3; or other perennial or fish bearing streams, < 5 feet wide 50 feet
Type 4 and 5; or intermittent streams and washes with low mass
wasting potential 50 feet
Type 4 and 5; or intermittent streams and washes with high mass
wasting potential 225 feet
3. Increased Riparian Habitat Area Widths. The recommended riparian habitat
area widths shall be increased, as follows:
a. When the Administrator determines that the recommended width is
insufficient to prevent habitat degradation and to protect the structure and
functions of the habitat area;
b. When the frequently flooded area exceeds the recommended riparian
habitat area width, the riparian habitat area shall extend to the outer edge
of the frequently flooded area;
c. When a channel migration zone is present, the riparian habitat area width
shall be measured from the outer edge of the channel migration zone;
d. When the habitat area is in an area of high blowdown potential, the
riparian habitat area width shall be expanded an additional fifty feet on the
windward side; or
e. When the habitat area is within an erosion or landslide hazard area, or
buffer, the riparian habitat area width shall be the recommended distance,
or the erosion or landslide hazard area or buffer, whichever is greater.
4. Riparian Habitat Area Width Averaging. The Administrator may allow the
recommended riparian habitat area width to be reduced in accordance with a
critical area report only if:
a. The width reduction will not reduce stream or habitat functions, including
those of nonfish habitat;
b. The width reduction will not degrade the habitat, including habitat for
anadromous fish;
c. The proposal will provide additional habitat protection;
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d. The total area contained in the riparian habitat area of each stream on the
development proposal site is not decreased;
e. The width reduction will not be located within another critical area or
associated buffer; and
f. The reduced riparian habitat area width is supported by professional
scientific analysis.
5. Riparian Habitat Mitigation. Mitigation of adverse impacts to Type 1 and 2
riparian habitat areas shall result in equivalent functions and values on a per
function basis, be located as near the alteration as feasible, and be located in
the same subdrainage basin as the habitat impacted. Mitigation of adverse
impacts to Type 3, 4, and 5 riparian habitat areas may be approved by the
Administrator provided there is no net loss in buffer function and value from
existing conditions as of December 31, 2003. See Section A-5.1(A)(7)(b)(ii)
of these regulations.
6. Alternative Mitigation for Riparian Habitat Areas. The performance standards
set forth in this subsection may be modified at the city's discretion if the
applicant demonstrates that greater habitat functions, on a per function basis,
can be obtained in the affected subdrainage basin as a result of alternative
mitigation measures.
D. Anacortes Community Forest Lands (ACFL) Standards.
1. Shared Wetland. In any circumstance where a jurisdictional wetland is shared
by a private property owner and the ACFL, said wetland shall not be impacted
adversely by private property owners unless the impacts are appropriately
mitigated per Section A-4 of these regulations.
2. Noxious and Invasive Plants. The Skagit County noxious weed ordinance and
the ACFL invasive plant control program shall be carefully considered in any
adjacent development decision. Nonnative plants known to be invasive into
the ACFL shall be prohibited in landscaping plans of adjacent developments.
Where such developments have CC&Rs, reference to this requirement shall be
included therein.
3. Vacations. In the case of street or alley vacations contiguous with an ACFL
boundary, the half of the area vacated which is adjacent to the ACFL shall be
incorporated into the ACFL and subject to all ACFL related requirements.
4. Private Access to ACFL. No new accesses will be established to the ACFL
without prior request for such access to the parks and recreation department
and the forest advisory board and approval by the city council.
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5. Burning. No burn piles or outdoor fires shall ever be left unattended while
ignited and in the event sparks or flames come within three hundred feet of the
ACFL, the fire shall immediately be brought under control or extinguished.
6. Boundary Identification. City staff will work closely with property owners
and developers to ensure that survey lines adjacent to the ACFL boundary are
clearly and correctly marked before any timber and/or vegetation is removed
from adjacent property. The forest manager will be involved in the final
inspection of boundary lines.
7. ACFL Buffers. City staff will work closely with builders to secure thirty-foot
ACFL buffers using all available incentives.
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APPENDIX A-1
VULNERABLE SPECIES OF ANACORTES
Throughout the world, natural habitats are increasingly being disturbed or destroyed as
land is developed for agriculture, industry, infrastructure, and homes. An inevitable result
is the reduction, and sometimes the eradication, of the plant and animal species that
depend on those habitats.
The City of Anacortes is fortunate to have within the City boundaries approximately 4.3
square miles of Community Forest Lands including three lakes and their watersheds,
numerous wetlands, and natural habitat for a diversity of wildlife. Although many areas
were logged in the past to provide city revenue, new forests have grown up, and most of
this vast acreage remains in a natural state. These areas are designated as Fish and
Wildlife Conservation Areas in these Critical Areas Regulations as part of this Shoreline
Master Program, and provide significant habitat for both imperiled and commonplace
species.
In addition, Washington Park, Cap Sante Park, Anacortes School District property, the
Ship Harbor Interpretive Preserve, Tommy Thompson Trail, and Shannon Point Marine
Center also preserve significant areas of undeveloped natural habitat within the City.
Including the Fidalgo Bay tidelands preserve, the total natural open space acreage now
constitutes approximately 1/2 of the total area of the Anacortes.
Like other cities, Anacortes has seen its share of wetland and habitat destruction over the
past century, as early development had few controls on these activities. However, unlike
other cities, even much larger ones, Anacortes has been able to retain significant natural
forested areas and protect them from development. The Anacortes Community Forest
Lands alone could have been sold to developers and over 10,000 homes could be built on
that acreage. Instead, these lands have been preserved. They represent a unique and
irreplaceable habitat resource for our human, animal, and plant residents.
While the City will continue to strengthen and enforce its protection of the remaining few
small habitat areas still present in the developed areas of Anacortes, our primary
emphasis will be on protecting the large forestland and park tracts, as they represent the
best, largest, and most valuable habitat in the City, and indeed, one of the finest in any
comparable city in the country.
The State of Washington Natural Heritage Plan lists species that are of particular concern.
Those lists includes Priority Animal Species and Priority Plant Species. The Plan also
identifies ecosystem types, from deep subtidal mud to alpine forests. Nine animal species
and 16 plants that were noted historically in the state are now believed to be extinct. Only
a few of these listed species and ecosystem types are known to occur in or near
Anacortes.
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The following pages list plants, birds, and animals of concern in the Puget Sound region,
and identify those which are known to occur within or near Anacortes. The City
encourages the continual updating of these lists. Additions, corrections, and deletions for
these lists may be proposed at any time by submitting a suggestion to the Planning
Director. Proposed changes will be considered through the annual cycle of amending the
City Comprehensive Plan and Development Regulations.
VULNERABLE ANIMALS OF ANACORTES
The following animals are listed by the Washington Department of Natural Resources as
species of concern which are known to exist in the Puget Trough Ecoregion. Many of
these species are found outside of the Anacortes area, in other habitats.
The species designated with an asterisk (*) are believed to occur within the City of
Anacortes, but others may occur here and have not yet been identified. Therefore, the
City's preservation of extensive areas of natural habitat represents the best hope for such
animals to succeed undisturbed, should they emerge here. In addition, these habitats
allow currently successful animal populations to continue to thrive, thus avoiding
potential loss of additional species.
In its 2,800 acres of Community Forest Lands, including three pristine lakes and their
watersheds, there are numerous wetlands, rock bluffs, old growth forests, grassy knolls,
windswept hilltops, sheltered caves, and a variety of other habitats and microclimates. In
addition, Washington Park, Cap Sante Park, Anacortes School District property, the Ship
Harbor Interpretive Preserve, Tommy Thompson Trail, and Shannon Point Marine Center
also preserve significant areas of undeveloped natural habitat within the City, including
significant sections of undisturbed shoreline.
Washington Natural Heritage Plan
SCIENTIFIC NAME COMMON NAME STATE STATUS
Priority 1 Animals
Beetles
Eanus hatchi Hatch's click beetle G2?S1
Birds
Eremophila alpestris strigata Streaked horned lark G5S1B
Pooecetes gramineus affinis Oregon vesper sparrow G5S1B
Sitta carolinensis aculeata Slender-billed nuthatch G5S1
Butterflies
Euchloe ausonides insulanus Island large marble G5S1
Euphydryas editha taylori 7D\ORU¶VFKHFNHUVSRW G5S1
Polites mardon Mardon skipper G2G3S1
Dragonflies and Damselflies
Gomphus kurilis Pacific clubtail G4S1
Page 290
Washington Natural Heritage Plan
SCIENTIFIC NAME COMMON NAME STATE STATUS
Slugs and Snails
Deroceras hesperium Evening fieldslug G2SH
Megomphix hemphilli Oregon megomphid G3S1
Valvata mergella Rams-horn valvata G2S1
Vorticifex neritoides Nerite rams-horn G1S1?
Fish
Catostomus sp. 4 Salish sucker G1S1
Salvelinus confluentus pop. 3 * Bull trout (Coastal-Puget Sound) G3SNR
Amphibians
Rana pretiosa Oregon spotted frog G2S1
Reptiles
Actinemys marmorata * Western pond turtle G3G4S1
Mammals
Microtus townsendii pugeti Shaw Island vole G5S1S2
Myotis keenii Keen's myotis G2G3S1
Thomomys mazama couchi Shelton pocket gopher G4S1
Thomomys talpoides douglasii Bush prairie pocket gopher G5S2
Global Rank characterizes the relative rarity or endangerment world-wide. Two codes (G1G2) =
intermediate rank.
G1 = Critically imperiled
G2 = Imperiled
G3 = Vulnerable to extirpation or extinction.
G4 = Apparently secure
G5 = Demonstrably widespread, abundant, and secure
? = Indicates that the rank is somewhat uncertain
State Rank characterizes the relative rarity or endangerment within the state of Washington. Two
codes (S1S2) = intermediate rank.
S1 = Critically imperiled
S2 = Imperiled
S3 = Vulnerable to extirpation or extinction
S4 = Apparently secure
S5 = Demonstrably widespread, abundant, and secure
SH = Historical occurrences only but still expected to occur
SNR = Not ranked to date
"B" and "N" qualifiers are used to indicate breeding and nonbreeding status, respectively, of migrant species
whose nonbreeding status (rank) may be quite different from their breeding status in the state (e.g. S1B,S4N
for a very rare breeder that is a common winter resident).
VULNERABLE PLANTS OF ANACORTES
The following plants are listed by the Washington Department of Natural Resources as
species of concern which are known to exist in Skagit County. Many of these species are
found outside of the Anacortes area, in alpine habitats, for example. This list has been
reviewed by local members of the Salal Chapter of the Washington Native Plant Society,
who are intimately familiar with habitats on Fidalgo Island.
Page 291
None of these species are believed to occur within the City of Anacortes. Nevertheless,
the City's preservation of extensive areas of natural habitat represents the best hope for
such plants to succeed undisturbed, should they emerge here. In addition, these habitats
allow currently successful plant populations to continue to thrive, thus avoiding potential
loss of additional species.
In its 2,800 acres of Community Forest Lands, including three pristine lakes and their
watersheds, there are numerous wetlands, rock bluffs, old growth forests, grassy knolls,
windswept hilltops, sheltered caves, and a variety of other habitats and microclimates. In
addition, Washington Park, Cap Sante Park, Anacortes School District property, the Ship
Harbor Interpretive Preserve, Tommy Thompson Trail, and Shannon Point Marine Center
also preserve significant areas of undeveloped natural habitat within the City, including
significant sections of undisturbed shoreline.
Washington Natural Heritage Information System
List of Known Occurrences of Rare Plants in Washington
February 2009 Skagit County
SCIENTIFIC NAME COMMON NAME STATE STATUS
Anthoxanthum hirtum Common northern sweet grass Review
Carex comosa Bristly sedge Sensitive
Carex magellanica ssp irrigua Poor sedge Sensitive
Carex pauciflora Few-flowered sedge Sensitive
Carex praeceptorum Teacher's sedge Review
Carex stylosa Long-styled sedge Sensitive
Castilleja levisecta Golden paintbrush Endangered
Erythronium revolutum Pink fawn-lily Sensitive
Hypericum majus Canadian St. John's-wort Sensitive
Lobelia dortmanna Water lobelia Threatened
Loiseleuria procumbens Alpine azalea Threatened
Luzula arcuata ssp unalaschkensis Curved woodrush Sensitive
Montia diffusa Branching montia Sensitive
Potamogeton obtusifolius Blunt-leaved pondweed Sensitive
Ranunculus californicus California buttercup Threatened
Salix sessilifolia Soft-leaved willow Sensitive
Saxifraga rivularis Pygmy saxifrage Sensitive
State Status of the species is determined by the Washington Department of Fish and Wildlife.
Factors considered include abundance, occurrence patterns, vulnerability, threats, existing protection, and
taxonomic distinctness.
Endangered. In danger of becoming extinct or extirpated from Washington.
Threatened. Likely to become Endangered in Washington.
Sensitive. Vulnerable or declining and could become Endangered or Threatened in the state.
Review. Of potential concern but needs more field work to assign another rank.
Washington Natural Heritage Program - www.dnr.wa.gov/nhp/
Washington Dept. of Natural Resources, PO Box 47014, Olympia, WA 98504-7014
Page 292
VULNERABLE BIRDS OF ANACORTES
The health of our bird populations reflects the health and trends of the environment upon
which we ourselves depend. Habitat suitable for birds sustains populations of mammals,
insects, amphibians, reptiles, and many other vertebrates, invertebrates, and plants too
numerous to quantify or even identify. It is the intent of designating Fish and Wildlife
Conservation Areas within the City to continue to provide significant areas of habitat for
these critical species, and thus for a wide range of less threatened species as well.
The species noted with an asterisk (*) are known to exist in the City of Anacortes, its
surrounding saltwater areas, or adjacent parts of Fidalgo Island.
Birds of Immediate Concern. These most-threatened species have low populations, have
steep population declines over all or part of their ranges, or face rapid habitat loss.
Birds of High Concern. While not facing imminent threats, these species have
experienced population declines or habitat losses.
Early Warning Birds. These birds are potentially at risk due to their rarity, downward
population trends, limited distribution, or limited habitat on both global and regional
scales. While secure today, these species face an increasingly uncertain future.
COASTAL FORESTS WETLANDS RIPARIAN
Birds of Immediate
Concern
Birds of Immediate
Concern
Birds of Immediate
Concern
Birds of Immediate
Concern
Snowy Plover Northern Goshawk* American Bittern* (none)
Long-billed Curlew Marbled Murrelet*
Red Knot Spotted Owl Birds of High
Concern
Birds of High
Concern
Marbled Murrelet* Black Swift Western Grebe* Lewis's Woodpecker
White-headed
Woodpecker Trumpeter Swan*
Birds of High
Concern Olive-sided Flycatcher* Purple Martin* Early Warning Birds
Western Grebe* American White
Pelican
Trumpeter Swan* Birds of High
Concern Early Warning Birds Harlequin Duck*
Caspian Tern* Golden Eagle* Clark's Grebe Black-chinned
Hummingbird
Purple Martin* Band-tailed Pigeon* American White
Pelican Red-naped Sapsucker
Flammulated Owl Canvasback* Willow Flycatcher*
Early Warning Birds Lewis's Woodpecker Redhead Gray Catbird
Common Loon* Barrow's Goldeneye* Yellow Warbler*
Black-footed Albatross Early Warning Birds Hooded Merganser* MacGillivray's Warbler
Page 293
COASTAL FORESTS WETLANDS RIPARIAN
Pink-footed
Shearwater Harlequin Duck* Sandhill Crane Yellow-breasted Chat
Brown Pelican* Barrow's Goldeneye* Whimbrel Lazuli Bunting*
Brant's Cormorant* Hooded Merganser* Short-billed Dowitcher
Pelagic Cormorant* Bald Eagle* Wilson's Phalarope
Aleutian Canada
Goose (subspecies) Cooper's Hawk* Black Tern
Brant* Merlin* Willow Flycatcher*
Harlequin Duck* Blue Grouse
Barrow's Goldeneye* Mountain Quail
Hooded Merganser* Great Gray Owl*
Bald Eagle* Vaux's Swift*
Merlin* Calliope Hummingbird
Peregrine Falcon* Rufous Hummingbird*
Black Oystercatcher* Williamson's
Sapsucker
Whimbrel Red-naped Sapsucker
Marbled Godwit Red-breasted
Sapsucker*
Ruddy Turnstone American Black-
backed Woodpecker
Black Turnstone* Pileated Woodpecker*
Surfbird* Hammond's Flycatcher
Sanderling Dusky Flycatcher
Rock Sandpiper Pacific Slope
Flycatcher*
Short-billed Dowitcher Cassin's Vireo
Wilson's Phalarope
Slender-billed White-
breasted Nuthatch
(subspecies)
Heerman's Gull* Pygmy Nuthatch
Western Gull* Western Bluebird
Arctic Tern Black-throated Gray
Warbler*
Common Murre* Hermit Warbler
Cassin's Auklet Chipping Sparrow
Tufted Puffin
This list is based on "State of the Birds" published by Audubon Washington 2004.
Page 294
APPENDIX B SHORELINE RESTORATION PLAN
B-1. Introduction
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jurisdiction zone. Activities that have adverse affects on the ecological functions
and values of the shoreline must be mitigated. By law, the proponent of that
activity is required to return the subject shoreline to a condition equivalent to the
baseline level at the time the activity takes place. It is understood that some uses
and developments cannot always be mitigated fully, resulting in incremental and
unavoidable degradation of the baseline condition. The subsequent challenge is to
improve the shoreline over time in areas where the baseline condition is degraded,
severely or marginally.
WAC Section 173-26-201(2)(f) of the Shoreline Master Program Guidelines
(Guidelines)2 says:
³PDVWHUSURJUDPVVKDOOLQFOXGHJRDOVDQGSROLFLHVWKDWSURYLGHIRU
restoration of such impaired ecological functions. These master program
provisions shall identify existing policies and programs that contribute to
planned restoration goals and identify any additional policies and
programs that local government will implement to achieve its goals.
These master program elements regarding restoration should make real
and meaningful use of established or funded nonregulatory policies and
programs that contribute to restoration of ecological functions, and should
appropriately consider the direct or indirect effects of other regulatory or
nonregulatory programs under other local, state, and federal laws, as well
as any restoration effects that may flow indirectly from shoreline
GHYHORSPHQWUHJXODWLRQVDQGPLWLJDWLRQVWDQGDUGV´
Degraded shorelines are not just a result of pre-Shoreline Master Program
activities, but also of unregulated activities and exempt development. The new
GuidelineVDOVRUHTXLUHWKDW³>O@RFDOPDVWHUSURJUDPVVKDOOLQFOXGHUHJXODWLRQV
ensuring that exempt development in the aggregate will not cause a net loss of
HFRORJLFDOIXQFWLRQVRIWKHVKRUHOLQH´:KLOHVRPHDFWLRQVZLWKLQVKRUHOLQH
jurisdiction are exempt from a permit, the Shoreline Master Program should
clearly state that those actions are not exempt from compliance with the Shoreline
Management Act or the local Shoreline Master Program. Because the shoreline
environment is also affected by activities taking place outside of a specific local
PDVWHUSURJUDP¶VMXULVGLFWLRQ HJRXWVLGHRIFLW\OLPLWVRXWVLGHRIWKHVKRUHOLQH
area within the city), assembly of out-of-jurisdiction actions, programs and
2 The Shoreline Master Program Guidelines were prepared by the Washington Department of Ecology and
codified as WAC 173-26. The Guidelines translate the broad policies of the Shoreline Management Act
(RCW 90.58.020) into standards for regulation of shoreline uses. See
http://www.ecy.wa.gov/programs/sea/sma/guidelines/index.html for more background.
Page 295
policies can be essential for understanding how the City fits into the larger
watershed context. The latter is critical when establishing realistic goals and
objectives for dynamic and highly inter-connected environments.
Restoration of shoreline areas, in relation to shoreline processes and functions,
commonly refers to methods such as re-vegetation, removal of invasive species or
toxic materials and removal of bulkhead structures, piers, and docks. Consistent
ZLWK(FRORJ\¶VGHILQLWLRQXVHRIWKHZRUG³UHVWRUH´RUDQ\YDULDWLRQVLQWKLV
document is not intended to encompass actions that reestablish historic
conditions. Instead, it encompasses a suite of strategies that can be approximately
delineated into four categories:
Creation (of a new resource)
Restoration (of a converted or substantially degraded resource)
Enhancement (of an existing degraded resource)
Protection (of an existing high-quality resource).
As directed by the Guidelines, the following discussions provide a summary of
baseline shoreline conditions, list restoration goals and objectives, and discuss
existing or potential programs and projects that positively impact the shoreline
environment. In total, implementation of the Shoreline Master Program (with
mitigation of project-related impacts) in combination with this Restoration Plan
(for restoration of lost ecological functions that occurred prior to a specific
SURMHFW VKRXOGUHVXOWLQDQHWLPSURYHPHQWLQWKH&LW\RI$QDFRUWHV¶VKRUHOLQH
environment in the long term.
In addition to meeting the requirements of the Guidelines, this Restoration Plan is
DOVRLQWHQGHGWRVXSSRUWWKH&LW\¶VRURWKHUQRQ-JRYHUQPHQWDORUJDQL]DWLRQV¶
applications for grant funding, and to provide the interested public with contact
information for the various entities working within the City to enhance the
environment.
B-2. Shoreline Inventory Summary
B-2.1 Introduction
The City recently completed a comprehensive inventory and analysis of its
shorelines (October 2009) as an element of its Shoreline Master Program update.
The purpose of the shoreline inventory and analysis was to gain a greater
XQGHUVWDQGLQJRIWKHH[LVWLQJFRQGLWLRQRI$QDFRUWHV¶VKRUHOLQHHQYLURQPHQWWR
ensure the updated Shoreline Master Program policies and regulations are well-
suited in protecting ecological processes and functions. The inventory describes
existing physical and biological conditions in the shoreline zones within City
limits and includes recommendations for restoration of ecological functions where
Page 296
they are degraded. The 6KRUHOLQH$QDO\VLV5HSRUWIRUWKH&LW\RI$QDFRUWHV¶
Shorelines: Puget Sound Waters, Cranberry Lake, Heart Lake, Whistle Lake and
Lake Erie (TWC 2009) is summarized below.
B-2.2 Shoreline Boundary
As defined by the Shoreline Management Act of 1971, shorelines include certain
waters of the state plus their aVVRFLDWHG³VKRUHODQGV´$WDPLQLPXPWKH
waterbodies designated as shorelines of the state are streams whose mean annual
flow is 20 cubic feet per second (cfs) or greater and lakes whose area is greater
than 20 acres. Shorelands are defined as:
³WKRVHlands extending landward for 200 feet in all directions as measured on a
horizontal plane from the ordinary high water mark; floodways and contiguous
floodplain areas landward 200 feet from such floodways; and all wetlands and
river deltas associated with the streams, lakes, and tidal waters which are subject
WRWKHSURYLVLRQVRIWKLVFKDSWHU«$Q\FRXQW\RUFLW\PD\GHWHUPLQHWKDWSRUWLRQ
of a one-hundred-year-floodplain to be included in its master program as long as
such portion includes, as a minimum, the floodway and the adjacent land
H[WHQGLQJODQGZDUGWZRKXQGUHGIHHWWKHUHIURP«$Q\FLW\RUFRXQW\PD\DOVR
include in its master program land necessary for buffers for critical areas (RCW
´
7KH&LW\¶V6KRUHOLQH0DVWHU3URJUDPZDVILUVWDGRSWHGLQ 1977 and most recently
amended in 2000. This SMP consists of the goals and policies in the city's
&RPSUHKHQVLYH3ODQDQGSURYLVLRQVLQWKH&LW\¶V0XQLFLSDO&RGH7RJHWKHUWKHVH
documents represent the City's current SMP.
7KH&LW\¶VH[LVWLQJVKRUHOLQHmanagement area includes the shorelines along the
Puget Sound waters of Burrows Bay, Guemes Channel, Fidalgo Bay, Padilla Bay,
and freshwater lakes of Cranberry Lake, Heart Lake, Whistle Lake and Lake Erie,
and their associated wetlands (Table 1). This shoreline management area has
been adjusted (subject to City Council and Ecology approval) concurrent with this
SMP update [for more details see the Shoreline Inventory Report ± Technical
Appendix C (TWC 2009)]. Modifications to the jurisdiction boundary, as
summarized below, are based on new information regarding associated wetlands.
Page 297
Table B-1. Area of shoreline jurisdiction.
Shoreline Total Jurisdictional Area
(acres)
Total Jurisdictional Area
(square miles)
Puget Sound Waters (including
Burrows Bay, Guemes
Channel, Fidalgo Bay & Padilla
Bay)
472 0.74
Cranberry Lake 49 0.08
Heart Lake 44 0.07
Whistle Lake 43 0.07
Lake Erie 5 0.01
TOTAL 614 0.96
B-2.3 Inventory
7KH&LW\RI$QDFRUWHV¶VKRUHOLQHLQYHQWRU\LQFOXGHVDOOODQGFXUUHQWO\ZLWKLQWKH
CLW\¶VSURSRVHGVKRUHOLQHMXULVGLFWLRQ>VHHWKHShoreline Analysis Report ±
Technical Appendix C 7:& @7KHWRWDODUHDVXEMHFWWRWKH&LW\¶VXSGDWHG
SMP, not including aquatic area, is approximately 614 acres (0.96 square miles),
and encompasses approximately 27 miles of shoreline. Table B-1 above shows
the breakdown of jurisdictional area for each shoreline waterbody. The following
inventory and analysis information is summarized from detailed information
presented in the Shoreline Analysis Report. A map of the twenty-eight reaches is
depicted in Figure B-1 below.
Page 298
Figure B-1. Shoreline reach breaks
B-2.3.1 Land Use and Physical Conditions
The City of Anacortes is located in the far western portion of Skagit County and
encompasses approximately 15.4 square miles. Unincorporated Skagit County
lies to the south and east. State Route 20 Spur passes through the City from the
south along the shoreline of Fidalgo Bay, traversing northward through the City,
and then westward toward the terminus at the Washington State Ferry Terminal.
Summary details for impervious surface and vegetative cover are listed in Table
B-2. Table B-3 provides a breakdown by reach of various zoning patterns as well
as the quantity of vacant lots.
Table B-2. Impervious surface and vegetated area by
shoreline reach.
Shoreline Reach
Impervious
Area
(acres)
Impervious
%
Vegetation Area
(acres)
Vegetation
%
1 Burrows Bay East 1.5 17% 3.3 36%
2 Burrows Bay West 1.9 33% 1.1 19%
3 Burrows Bay Marina East 11.8 39% 3.0 10%
4 Burrows Bay Marina West 11.0 72% 1.2 8%
5 Burrows Bay Far West 1.1 13% 1.9 22%
6 Fidalgo Head South 0.4 1% 18.0 61%
7 Fidalgo Head North 0.9 6% 10.2 67%
Page 299
Shoreline Reach
Impervious
Area
(acres)
Impervious
%
Vegetation Area
(acres)
Vegetation
%
8 Fidalgo Residential 0.5 16% 0.9 26%
9 Shannon Point 0.4 3% 3.1 21%
10 Ship Harbor 2.4 49% 0.7 15%
11 Ship Harbor Wetland 0.0 0% 15.8 50%
12 West of Lovric's Marina 1.3 4% 26.3 91%
13 Lovric's Marina 4.8 50% 5.4 57%
14 East of Lovric's Marina 4.9 20% 12.8 53%
15 Marine Shipping 31.3 98% 0.8 2%
16 Cap Sante North 3.6 30% 5.7 48%
17 Cap Sante South 0.0 0% 12.0 89%
18 Cap Sante Boat Haven 12.0 50% 5.0 21%
19 Cap Sante Marina South 6.2 54% 0.3 2%
20 Fidalgo Bay Marinas 14.6 60% 2.1 9%
21 North Weaverling Spit 2.4 14% 10.8 64%
22 Weaverling Spit 4.3 21% 8.9 42%
23 Fidalgo Bay South 15.9 24% 28.1 42%
24 Padilla Bay 0.3 2% 17.8 98%
Subtotal 133 28% 195 41%
25 Whistle Lake 0.2 0% 41.5 96%
26 Heart Lake 4.4 10% 39.6 90%
27 Cranberry Lake 0.0 0% 37.0 75%
28 Lake Erie 0.0 0% 5.2 100%
Subtotal 5 3% 123 87%
Total 138 22% 319 52%
Table B-3. Land use zoning patterns for the city of
Anacortes by shoreline reach.
Zoning Vacant
Lots Shoreline Reach Type1 % Type % Type % Type %
1 Burrows Bay East R2 100 7
2 Burrows Bay West R2 100 1
3 Burrows Bay Marina East R2 100 21
4 Burrows Bay Marina West CM 100 2
5 Burrows Bay Far West CM 97 P 3 6
6 Fidalgo Head South P 100 0
7 Fidalgo Head North P 97 R2 3 0
8 Fidalgo Residential R2 100 1
9 Shannon Point P 78 CM 22 0
10 Ship Harbor CM 100 0
11 Ship Harbor Wetland CM 100 0
Page 300
Zoning Vacant
Lots Shoreline Reach Type1 % Type % Type % Type %
12 West of Lovric's Marina R2 68 CM 32 28
13 Lovric's Marina R2 74 LM 26 3
14 East of Lovric's Marina R2 55 R3 36 LM 9 1
15 Marine Shipping MS 58 LM 37 CM1 5 R2 < 1 1
16 Cap Sante North R2 100 2
17 Cap Sante South P 100 0
18 Cap Sante Boat Haven CM 81 P 19 C < 1 CM1 < 1 0
19 Cap Sante Marina South CM1 100 0
20 Fidalgo Bay Marinas CM2 54 I 46 4
21 North Weaverling Spit CM 87 R2 8 I 4 R3 1 8
22 Weaverling Spit CM 94 LM1 6 0
23 Fidalgo Bay South LM1 100 1
24 Padilla Bay HM 100 4
25 Whistle Lake P 100 0
26 Heart Lake P 100 0
27 Cranberry Lake P 100 0
28 Lake Erie P 100 0
1 R2: Residential Low Density 2 LM: Light Manufacturing
R3: Residential Low Density 3 LM1: Light Manufacturing 1
CM: Commercial Marine MS: Marine Shipping
CM1: Commercial Marine 1 C: Commercial
CM2: Commercial Marine 2 I: Industrial
P: Public HM: Heavy Manufacturing.
Besides the State Route 20 and State Route 20 Spur located at the south end of
Fidalgo Bay, there are very few major arterial road sections in shoreline
jurisdiction. The majority of public roadways within 200 feet of the shoreline are
primarily residential or local access streets. There are also several unimproved
street ends that terminate at the shoreline along Guemes Channel.
Two ferry terminals are located along Guemes Channel, providing access to the
San Juan Islands and Vancouver Island via the Washington State Ferry terminal
near Shannon Point and Guemes Island via the Skagit County Ferry terminal
adjacent to Kiwanis Park.
There are two primary utilities with the ability to directly and indirectly impact
State shorelines: wastewater and stormwater. Wastewater utilities are present
within shoreline jurisdiction in the form of sewer main lines and lateral lines
(Shoreline Analysis Report ± Technical Appendix D, Figure 4). Adjacent to
shorelines, these utilities clearly have potential to affect water quality in the event
of line failure. Stormwater utilities also exist within shoreline jurisdiction with
numerous direct discharges throughout the City to local waterbodies (Shoreline
Analysis Report ± Technical Appendix D, Figure 5).
Page 301
The City provides sewer services to all areas located within the City, collecting
and treating wastewater at the Wastewater Treatment Plant located near northwest
side of Cap Sante Park. This plant discharges into Puget Sound after providing
primary and secondary treatments.
The City operates and maintains pipes, catch basins, and detention facilities in
conjunction with streams, lakes and wetlands to maintain water quality and to
SURWHFWILVKDQGRWKHUZLOGOLIH$OWKRXJKPXFKRIWKH3XEOLF:RUN¶VMXULVGLFWLRQ
is outside of the shoreline zone, the regulated surface waters, both natural and
piped, is treated and either naturally dispersed back into the ground or discharged
into Puget Sound.
7KHWRSRJUDSK\DORQJWKH&LW\¶VVKRUHOLQHVYDU\ZLGHO\IURPVKDOORZORZ-
gradient shorelines within portions of Fidalgo Bay to more steep-gradient
shorelines along Guemes Channel. Shoreline modifications are anthropogenic
alterations to the natural shoreline edge and nearshore environments, and
primarily include a variety of armoring types like bulkheads and rock walls (some
associated with fill), piers, docks, marinas, boat repair and maintenance facilities,
other in-water structures such as boatlifts, boathouses, and moorage covers,
culverts, weirs, and bridges. These sorts of modifications may alter shoreline
functions by changing erosion, sediment, and water movement patterns, the
distribution of aquatic and terrestrial vegetation, and predator-prey dynamics of
fish and wildlife. An inventory of the extent and location of shoreline
modifications along shorelines is important to understand baseline conditions and
the potential cumulative effect of future goals, policies and regulations.
B-2.3.2 Biological Resources and Critical Areas
The City is located on Fidalgo Island and is surrounded by water bodies on three
sides, including Burrows Bay, Guemes Channel and Fidalgo Bay. The City of
Anacortes has a unique urban setting that includes nearly 2,800 acres of
designated Community Forest Lands surrounding Cranberry, Heart, Whistle and
Erie Lakes, providing broad vegetated areas which include lakes, streams and
wetlands. These areas provide over 50 miles of public access trails and direct
access to the shoreline waterbodies. Critical area details are taken from the
Shoreline Analysis Report ± Technical Appendix D.
7KH&LW\¶VFULWLFDODUHDVUHJXODWLRQVLQFOXGHIUHTXHQWO\IORRGHGDUHDVDTXLIHU
recharge areas, geologically hazardous areas (erosion, landslide, seismic, mine,
volcanic, and other geologic events), wetlands, fish and wildlife conservation
areas, and marine shoreline vegetation. The inventory of critical areas was based
on a wide range of information sources, including City GIS, critical area
inventories, Washington Department of Fish and Wildlife databases, and other
relevant maps and literature obtained from the Washington Department of Natural
Resources (DNR), Ecology, National Marine Fisheries Service, and U.S. Fish and
Wildlife Service.
Page 302
*HRORJLFDOO\KD]DUGRXVDUHDVZLWKLQVKRUHOLQHMXULVGLFWLRQPDSSHGE\WKH&LW\¶V
GIS include unstable and steep slopes. Additionally, the Fidalgo Bay Bay-Wide
Plan (City of Anacortes 2000) and 2002 Skagit County data, identify shoreline
erosion areas.
The City regulates frequently flooded areas and has mapped these floodplains
along the marine shorelines. Based on recent findings of the National Marine
Fisheries Service, FEMA plans to work with local jurisdictions and update the
National Flood Insurance Program (NFIP) throughout Puget Sound to reduce
impacts on critical habitat for certain salmon species.
Based on a field reconnaissance and aerial photo interpretation conducted by the
City in 2005, wetlands were mapped in eight of the twenty-eight reaches (Table
B-4).
Table B-4. Extent of wetlands by shoreline reach.
Shoreline Reach Wetland Area
(ft2)
Wetland Area as
Percent of
Shoreline
11 Ship Harbor Wetland 1,201,708 86%
21 North Weaverling Spit 40,608 5%
22 Weaverling Spit 9,902 1%
23 Fidalgo Bay South 122,498 4%
24 Padilla Bay 54,840 7%
25 Whistle Lake 66,350 4%
27 Cranberry Lake 542,591 25%
Total 2,038,497 8%
Streams pass through the City of Anacortes, discharging into Puget Sound. Some
of the larger Puget Sound tributaries include Clyde Creek, Cranberry Creek,
Beaver Creek, Ace of Hearts Creek, Happy Valley Stream, and Whistle Creek.
Several other smaller tributaries also flow through shoreline jurisdiction. Stream
outfalls were identified in seven of the twenty-eight reaches (Table 5).
Table B-5. Extent of stream outfalls by shoreline
reach.
Shoreline Reach Stream
Outfalls
1 Burrows Bay East 1
13 Lovric's Marina 1
20 Fidalgo Bay Marinas 2
22 Weaverling Spit 1
23 Fidalgo Bay South 2
Page 303
26 Heart Lake 1
27 Cranberry Lake 1
Total 9
WDFW mapping of Priority Habitat and Species indicates the presence of other
Fish and Wildlife Habitat Conservation Areas within and adjacent to the shoreline
zone (Shoreline Analysis Report ± Technical Appendix D, Figure 11). These
include historic and current bald eagle nest locations, great blue heron nest
colony, wetlands, urban natural open space, harbor seal pullouts, waterfowl
concentration areas, and brant concentration areas. In addition to the shoreline
ZDWHUERGLHVWKHPVHOYHVVLJQLILFDQWILVKDQGZLOGOLIHKDELWDWVLQWKH&LW\¶V
shorelines include non-jurisdictional waterbodies (i.e. small lakes and streams)
and wetlands.
B-3. Restoration Goals and Objectives
The restoration vision statement below establishes the overarching idea of the
future restored ecosystem and provides a basis for the restoration plan framework,
including goals and objectives. This statement seeks to make clear the intent of
addressing restoration of impaired ecological functions and processes.
Restoration Vision: Degraded ecological processes and habitats of the Anacortes
shoreline are to be restored so that, when combined with protection of existing
resources, a net improvement to the shoreline ecosystem is obtained to benefit
native fish and wildlife and the people of Anacortes. Restoration occurs over time
through a combination of public and private ventures and leverages opportunities
presented by shoreline development in a way that enhances the environment and
is compatible with planned shoreline uses.
Goals for restoring the Anacortes shoreline are derived from analysis of
watershed function, water quality, habitat and other ecological studies. General
goals are as follows:
Goal 1 ± To improve water, seabed and sediment quality;
Goal 2 ± To restore degraded and lost habitat and corridors;
Goal 3 ± To improve connectivity of the shoreline environments in terms of
both space and time; and
Goal 4 ± To balance the protection and enhancement of shoreline ecological
functions with the desire of the community to preserve and improve public access
and passive recreation opportunities in this unique environment.
7KHVHJRDOVSURYLGHGLUHFWLRQDQGJXLGDQFHIRUWKHSODQ¶VREMHFWLYHV2EMHFWLYHV
refer to specific actions, ideally measurable, that can be taken to achieve the
Page 304
stated goals. For example, to meet the goal of improving water quality, an
objective would be to remove creosote pilings. By translating the restoration
goals into objectives, the objectives for the Anacortes restoration plan are:
Protect and restore native vegetation
Protect and restore wetlands, salt marsh, and nearshore habitat
Remove intertidal fill/restore beach deposits and processes
Manage and treat stormwater and wastewater properly
Work towards removal/replacement of creosote pilings and timbers with non-
toxic alternatives.
These objectives assist with defining actions or projects to restore the natural
processes and ecological functions identified as not properly functioning.
Opportunities and strategies are then identified as means of implementing the
objectives. At this level, no specific performance standards are applied to goals.
For example, one overall goal is to improve water quality to meet the vision of a
restored ecosystem, not to improve it by a particular measure. Individual
restoration projects that may be implemented as part of this plan will generally
identify specific measurable goals.
Ultimately, most restoration priorities will be in some part opportunistic based on
site access, available funding, and feasibility. Of the restoration opportunities
identifed in this report, stormwater system improvements to address untreated
stormwater outfalls may be the most readily feasible for the City due to public
control of the system and the need to also address clean water planning
requirements to meet EPA standards.
Table B-6 shows the relationship of the goals, objectives, natural processes and
ecological functions. The first column lists the goals, the second column shows
the objectives associated with those goals and the third column shows the natural
process and ecological function that will be enhanced by completing the
objectives. Objectives are found under multiple goals affecting different natural
processes and ecological functions. Potential metrics for monitoring each
objective are listed in the right hand column.
Page 305
Table B-6. Restoration goals and objectives
addressing natural processes in the City of
Anacortes.
Restoration
goal Objective(s)
Natural process(es)
Ecological function(s) addressed
Potential metrics
Improve water
quality
Remove/replace
unused creosote
pilings; remove
creosote beach
logs
Sediment Transport
Toxic Compound Removal
Vegetation support
Number of creosote pilings
Water quality measurements
Protect and
restore wetlands
and salt marsh
habitat
Hydrologic processes,
sediment/nutrient transport
Water storage
Sediment storage
Toxic compound removal
Nutrient removal
Wetland acreage
Wetland functions
Wetland ratings
Water quality measurements
Manage and treat
stormwater and
wastewater
properly
Hydrologic processes,
sediment/nutrient transport
Water Storage
Sediment Storage
Toxic Compound Removal
Nutrient Removal
Water quality measurements
Storm flows
Protect and
restore native
vegetation
Hydrologic processes, nutrient
transport
Water storage
Sediment storage
Toxic compound removal
% impervious surface in basin
Acreage of vegetation
Water quality measurements
Remove intertidal
fill
Sediment transport
Water storage
Sediment storage
Nutrient removal
Acreage of vegetation
Species diversity
Species composition
Connectivity/fragmentation
Extent of tree canopy
Acreage or number of
restored/remaining impaired
areas
Page 306
Restoration
goal Objective(s)
Natural process(es)
Ecological function(s) addressed
Potential metrics
Restore
degraded and
lost habitat
and corridors
Protect and
restore native
habitat
Sediment/nutrient transport,
habitat function
Vegetation enhancement
Woody debris recruitment
Organic material
Rearing habitat
Resting habitat
Predation avoidance habitat
Migration corridors
Food production and delivery
Acreage of vegetation
Degree of diversity
Species supported
Connectivity/areas of isolation
Extent of tree canopy
Protect and
restore wetlands
salt marsh
habitat, and
estuarine and
lagoon functions
Hydrologic processes,
sediment/nutrient transport,
habitat function
Support vegetation
Organic material availability
Rearing habitat
Resting habitat
Predation avoidance
Habitat migration corridors
Food production
Food delivery
Wetland acreage
Wetland functions
Wetland ratings
Protect naturally
eroding bluffs,
and spits and
accretion land
forms
Sediment transport, habitat
function
Support vegetation
Wood debris recruitment
Recruitment
Organic material
Availability
Beach habitat
Predation avoidance
Habitat
Migration corridors
Acreage of vegetation in bluff
areas
Linear feet of bulkhead
Remove intertidal
fill/restore beach
deposits and
processes
Sediment/nutrient transport,
habitat function
Support vegetation
Woody debris recruitment
Organic material availability
Rearing habitat
Resting habitat
Predation avoidance
Habitat migration corridors
Food production anddelivery
Acreage or number of
restored/remaining impaired
areas
Linear feet of bulkhead
Manage and treat
stormwater and
wastewater
properly
Hydrologic processes,
sediment/nutrient transport
Water storage
Sediment storage
Toxic compound removal
Nutrient removal
Water quality measurements
Storm flows
Page 307
Restoration
goal Objective(s)
Natural process(es)
Ecological function(s) addressed
Potential metrics
Improve
connectivity of
the shoreline
environments
in terms of
both space
and time
Protect and
restore native
vegetation
Hydrologic processes,
sediment/nutrient transport,
habitat function
Support vegetation
Woody debris recruitment
Organic material availability
Beach habitat
Predation avoidance habitat
Migration corridors
Food production and delivery
Acreage of vegetation
Connectivity/areas of isolation
Extent of tree canopy
Linear feet of bulkhead
Protect and
restore wetlands,
salt marsh habitat
and estuarine
and lagoon
functions
Hydrologic processes,
sediment/nutrient transport,
habitat function
Support vegetation
Woody debris recruitment
Organic material availability
Rearing habitat
Resting habitat
Predation avoidance habitat
Migration corridors
Food production and delivery
Wetland acreage
Wetland functions
Wetland ratings
Connectivity/fragmentation
Remove intertidal
fill/ restore beach
deposits and
processes
Hydrologic processes,
sediment/nutrient transport,
habitat function
Support vegetation
Woody debris recruitment
Organic material availability
Rearing habitat
Resting habitat
Predation avoidance habitat
Migration corridors
Food production and delivery
Acreage of restored/remaining
impaired areas
Shoreline
connectivity/fragmentation
Protect naturally
eroding bluffs,
sand spits and
accretion land
forms
Sediment transport, habitat
function
Support vegetation
Woody debris recruitment
Organic material availability
Beach habitat
Predation avoidance
Habitat migration corridors
Acreage of vegetation in bluff
areas
Linear feet of bulkhead
B-4. Existing and Ongoing Projects and Programs
The following series of existing projects and programs include federal and State
agency-led projects, City projects and programs, and non-profit organizations that
are also active in the City of Anacortes area.
Page 309
watersheds, wildlife habitats, wetlands, aesthetic values, and recreational uses
with priority for residents.
The City of Anacortes will continue to support the Conservation Easement
Program until all eligible acres have conservation easements.
B-4.1.3 City of Anacortes Capital Facilities Plan
The Capital Facilities Plan, prepared by the City of Anacortes Finance
Department, lists a number of projects with restoration and other environmental
components. All of the projects in Table B-7 are slated for implementation within
the period of 2009 to 2014.
Table B-7. Projects with environmental restoration
components to be implemented per the City of
Anacortes Capital Facilities Plan.
Project/Location Environmental component(s) Implementation
status
Ship Harbor wetland
interpretive trail
An interpretive trail through the Ship Harbor wetlands
will provide educational opportunities and access to
wetlands. The trail will be environmentally sensitive.
Pending
Depot area improvements
Landscaping will be improved in conjunction with an
expanded plaza area; wetlands and a madrone grove
will be preserved and/or enhanced.
Pending
H Avenue Park stream
restoration
Stream restoration in the park will include wetland
enhancement, an interpretive trail, and native plantings. Planning stages
Waterfront Trail
(Guemes Channel Trail)
A 12-foot-wide waterfront trail will be constructed along
the old railroad bed from Washington Park to the
existing Thompson Trail, excluding the area in and
around the Ship Harbor wetland. The trail will provide
access to wetlands and the shoreline.
Planning stages
Clyde Creek water quality
enhancement
Existing stormwater discharges to Clyde Creek will be
evaluated to identify opportunities for water quality
improvement. Possibilities include replacing catch
basins with mechanical water quality devices and
constructing bioswales. Habitat value of the creek will
increase and water quality will improve.
Funding/permits
not yet secured
Cap Sante sewer extension
A project providing gravity sewer collection to nine
homes on Cap Sante will replace old systems; new
systems will prevent leaching of incompletely treated
wastewater to Fidalgo Bay.
Planning stages
Shannon Point Road signage
and fence
Environmental signage and fencing will limit dumping in
the wetland and access from surrounding areas and
improve habitat function.
Planning stages
Page 310
B-4.2 Washington State Department of Natural Resources
Aquatic Resources Program
The Fidalgo Bay Aquatic Reserve was established in 2000 (confirmed in 2003) to
conserve and enhance sensitive habitats and species of the bay. The Aquatic
Reserves Program of the Department of Natural Resources (DNR) completed the
Fidalgo Bay Environmental Aquatic Reserve Management Plan in April 2008
(DNR 2008) to guide the DNR in decision-PDNLQJDQGSODQQLQJIRUWKHUHVHUYH¶V
90-year term. The plan describes management actions to be taken to achieve
desired ecological conditions, and identifies protection, enhancement and
restoration opportunities.
Management actions fall into four main categories: resource protection,
enhancement and restoration; monitoring and research; allowable public uses; and
prohibited uses. The first action is to continue classifying and mapping the
ecosystem to aid in identifying management opportunities. When opportunities
are recognized, protection efforts may include placing important habitat into
conservation easements and acquiring tidelands and shoreline property through
gifts. If enhancement is needed to prevent further degradation of processes or
habitats, such effort will be employed and may include adding sediment sources
to sediment-deficient beaches and augmenting oyster populations.
A number of general restoration opportunities and specific restoration projects are
presented in the plan. Most are cooperative efforts with other agencies, local
governments, tribes, and private businesses and landowners. Restoration projects
and management recommendations are shown in Table B-8.
Page 311
Table B-8. Restoration projects and management
recommendations from the Fidalgo Bay
Environmental Aquatic Reserve Management
Plan.
Project Type Project/Program Description Status/Funding
Shoreline
restoration
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shoreline restoration
and pocket estuary
enhancement
Cooperative effort between the DNR
and Swinomish tribe. Removal of
shoreline armoring and restoration of
pocket estuaries to restore natural
shoreline processes.
The Texaco
Restoration Fund
was presented a
proposal for the
project in 2007
Feasibility
study
Rail trestle at
Weaverling Spit
feasibility study
Samish Tribe is looking at the
feasibility of reducing the trestle and
causeway impacts in order to restore
more natural tidal flow to the south
bay, leaving the Thompson Trail intact.
Ecology is funding
the Tribe through
the Puget Sound
Initiative
Water quality
Fidalgo Bay
watershed
assessment
Cooperative effort between the DNR
and Samish tribe to conduct a
watershed assessment to identify and
address water quality issues in the
Fidalgo Bay Aquatic Reserve.
Partially funded by
Ecology through a
Direct
Implementation
Fund grant to DNR
Structure
removal
Removal of derelict
treated structures
General effort to remove unused and
creosote-treated structures from the
Reserve.
Led by DNR
Sediment
quality
Sediment cleanup in
Fidalgo Bay Aquatic
Reserve and the City
of Anacortes
Joint effort by the DNR and Ecology to
clean up contaminated sediments at
several sites in the Reserve and
further north in Anacortes.
Funded by Ecology
through the Puget
Sound Initiative
Restoration
and
Education
Oyster restoration,
shoreline restoration,
and education in and
near Fidalgo Bay
Aquatic Reserve
Efforts include projects to restore
native Olympia oysters, restoration of
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Point, and environmental education in
and adjacent to the Reserve.
Led by the Skagit
County MRC
The monitoring and research component of the Fidalgo Bay Environmental
Aquatic Reserve Management Plan includes data gap analysis, baseline
monitoring, trend monitoring, and research (Table B-9). The plan also achieves
management and restoration goals through specific allowed and prohibited uses in
the Fidalgo Bay Aquatic Area.
Page 312
Table B-9. Findings and recommendations for
monitoring and research outlined in the
Fidalgo Bay Environmental Aquatic Reserve
Management Plan.
Phase Findings and recommendations to guide management
Gaps in knowledge
Data gap
analysis
Great blue heron
population status
and changes
Eelgrass
distribution status
Use by federally
listed salmon
species
Sediment quality
characteristics
Proposed monitoring projects based on gap analyses
Baseline
monitoring
Great blue heron
distribution
population and
status
Current eelgrass
population
distribution and
status
Collection of
comprehensive
sediment quality
data
Modeling effects of
climate change on
water quality and
sea level rise
Current and future trend analyses
Trend
monitoring
Nearshore
vegetation
monitoring
WDFW, DNR,
Samish tribe,
Swinomish tribe
foraging fish
spawning surveys
Samish tribe water
quality monitoring
Sediment quality
monitoring
Potential research opportunities to be pursued
Research
Effects of beach
sediment
nourishment on
forage fish
spawning habitat
Effects of shade
vegetation
augmentation on
forage fish
spawning success
Determining
socioeconomic
incentives for
private restoration,
enhancement, and
preservation
Determining use of
nearshore habitat
by Federally listed
salmonids
B-4.3 Fidalgo Bay Planning Committee and Technical
Committee
The City of Anacortes formed the Fidalgo Bay Planning Committee in the mid-
1990s to direct development of a bay-wide plan, using the City of Anacortes
Comprehensive Plan and Shoreline Master Program (updated September 29,
1999) for further guidance in plan development. The resulting Draft Fidalgo Bay-
Wide Plan/Environmental Impact Statement (and subsequent Final EIS dated
September 1999) addresses the nearshore area between Shannon Point and March
Point. Subsequent review revealed that the Plan/EIS would benefit from
additional analyses, goals and objectives, investigation and prioritization of
restoration and enhancement opportunities, and a mitigation framework. In
response, a Technical Committee formed and completed the Plan for Habitat
Protection, Restoration, and Enhancement: Fidalgo Bay and Guemes Channel
(Antrim et al. 2005), the scope of which included addressing these issues in
marine and shoreline habitat.
Page 313
Analysis of the study area looked at historic and current conditions, including
shoreline and offshore processes; shoreline modification; water quality; intertidal
and subtidal vegetation; invasive and non-native species; and invertebrates, fish
and wildlife habitat. The study allowed the identification of a number of specific
restoration and enhancement opportunities, which were ranked by the Technical
Committee (Table B-10). Current land use and ownership were not considered in
the identification of opportunities, and abandonment of existing federally
authorized navigation channels within the bay was not considered a realistic
option.
Table B-10. Restoration projects and their priority
status from the Plan for Habitat Protection,
Restoration, and Enhancement: Fidalgo Bay
and Guemes Channel.
Priority Project/Program Description
High
Railroad trestle and
Thompson Trail Causeway
improvements at
Weaverling Spit
Approximately 1,500-foot causeway beneath trestle
constricts water exchange to south Fidalgo Bay. Berm
could be reduced in area or breaks installed. Exposed
creosote-treated wood leaches into the bay. Obsolete
pilings could be removed; treated wood pilings could
be replaced with pilings constructed of non-
contaminating materials; retrofitting should be explored
to determine if eelgrass habitat could reestablish.
Possibly purchase headland for public ownership.
High
Weaverling Spit
North/Stockwell Beach
protection
Acquisition or protection of 0.5 miles of high-quality
upper-intertidal sand-gravel beach. Used year-round
by spawning smelt. Log raft remains on beach could
be removed.
High Custom Plywood Mill
Remove deteriorated pier and industrial debris from
beach. Remove fill (possibly slag burner waste
fragments) from upper beach potential superfund site
that could extend to sub/intertidal areas. Remove
wood debris from subtidal habitat.
High Trident Seafoods
Replace deteriorating pier with a modified structure
that improves conditions for eelgrass, including
minimizing shading from overhead cover.
Moderate 6HDIDUHU¶V0HPRULDO
Park/Scott Paper Mill
Remove wood and brick debris from intertidal zone;
replace riprap that has migrated downbeach with more
stable material; enhance surf smelt habitat by restoring
marine riparian vegetation.
Moderate Cap Sante Marina
Replace treated wood ring wall with concrete or other
non-contaminating material as part of current ongoing
improvements.
Moderate SW Shore of Fidalgo Bay
(2), old mill site
Remove berm to open a small mill pond and restore
the natural shoreline.
Moderate Nearshore fill between 27th
and 30th Streets
Excavate nearshore fill from the 1970s from
approximately 15 acres to restore intertidal habitat.
Page 314
Priority Project/Program Description
Moderate
Dike relocation at SE
corner of South Fidalgo
Bay
Increase marsh and mudflat habitat by relocating dike
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closer to intersection.
Moderate 5RFNTXDUU\DW6KDUSH¶V
Corner
Wooded headland could be purchased for wildlife
habitat and public ownership.
Moderate Curtis Beach Remove fill at shore west of Port of Anacortes Office
Building and Pier 1.
Moderate Guemes ferry terminal Replace treated wood pilings with concrete or other
non-contaminating material.
Moderate /RYULF¶V%RDW\DUG
The shoreline has been extensively modified with a
riprap dike and docks, boat ramps, and nearshore fill.
Could remove modified shoreline features, replace
treated wood pilings with concrete or other non-
contaminating material, and investigate contamination
issues associated with boat-building and maintenance
activities.
Moderate Bay-wide Spartina
protection
Expansive mudflats should be protected from Spartina
invasion.
Low Anchor Cove Marina Replace treated wood pilings with concrete or other
non-contaminating material.
Low Dakota Shipyards Preserve or mitigate for small eelgrass bed between
two areas of nearshore fill.
Low SW shore of Fidalgo Bay
(1)
Remove or reposition shoreline armoring, which may
be impacting sediment supply to Weaverling Spit, to
minimize intertidal habitat impacts
Low Curtis Beach, North end of
N Avenue
Clean up sources of oil seep and contaminated
sediment on beach.
B-4.4 Skagit County Marine Resources Committee (MRC)
B-4.4.1 The Northern Skagit County Bays and Shoreline Habitat
Conservation and Restoration Blueprint 2005 Update
The Skagit County MRC, established by County Resolution #17433 in May 1999,
is one of seven MRCs formed to discuss, study and take action on marine
resource related issues in Northern Puget Sound. The Northwest Straits
Commission (NWSC) is the regional group that supports all seven of the MRCs
through grants, coordination with appropriate governmental agencies, and training
on marine resource issues. The NWSC has bonding from the National Oceanic
Atmospheric Administration of the US Department of Commerce. Washington
State Senator Patty Murray and Congressman Jack Metcalf helped form the
1:6&ZKHQWKH\FRQYHQHGWKH1RUWKZHVW6WUDLWV&LWL]HQV¶$GYLVRU\
Commission in 1997, in response to declining marine life and habitat in the Straits
of Juan De Fuca and Northern Puget Sound. In 1998, the Northwest Straits
Marine Conservation Initiative was authorized by Congress.
Page 315
Skagit MRC members come from the community and include scientists and
interested citizens, combined with representatives from sport and commercial
fisheries, tribes, divers, marine industry, oil companies, the Port of Anacortes, the
City of Anacortes, and environmentalists, all of whom have accepted volunteer
appointments form the Board of Skagit County Commissioners. The purpose of
the Skagit MRC is to discuss marine related issues and determine action items to
enhance and protect local marine habitat.
MRC and People for Puget Sound (PPS) worked in cooperation to produce the
Northern Skagit County Bays and Shoreline Habitat Conservation and Restoration
Blueprint 2005 Update: A Plan to Restore and Protect the Habitats and Heritage
of the Northern Bays of Puget Sound (PSP 2006). The partnership worked in four
phases to gather information and utilize Geographic Information System (GIS)
analyses to identify and prioritize restoration actions: 1) gather existing data on
nearshore and marine habitat conditions; 2) inventory nearshore habitat using
oblique shoreline photographs; 3) evaluate habitat based on ability to support
forage fish, juvenile salmonid and shorebird use of nearshore habitat, aquatic
vegetation, and sediment supply to nearshore habitat and prioritize restoration and
conservation areas; and 4) apply social, political and economic feasibility criteria
to potential restoration and conservation projects. Twenty-four potential projects
on 21 sites rank as high priority in the analysis. Of these, eight are located in
Anacortes shoreline jurisdiction (Table B-11).
Page 316
Table B-11. Restoration projects and their ecological
function rankings from the Northern Skagit
County Bays and Shoreline Habitat
Conservation and Restoration Blueprint 2005.
Project/Location Description Ranking
Guemes
Channel/East
Ship Harbor
conservation
Conservation easement recommended for
shorebird, forage fish, juvenile salmon, and
sediment supply conservation functions.
Top and second tier
Cap Sante
structure removal
Remove unused pilings and overwater structure in
former marina site; employ ecologically sensitive
redevelopment
Top and median tier
Custom Plywood
Mill site clean-up
Extensive clean-up tied to site redevelopment
should include removal of creosote and other
contaminants, removal of sunken tugboat, and
ecologically sensitive site redevelopment
Top tier
34th Street to
Weaverling Spit
lagoon restoration
Recommendation is to negotiate an ecologically
friendly option with the landowner to remove or
redesign shoreline armoring to make lagoon
navigable.
Lowest tier
Thompson Trail
vegetation
restoration and
management
Recommends planting supplemental vegetation
along the trail; plant vegetation on shore side of
proposed trail on top of armoring; prune existing
vegetation in environmentally sensitive manner;
encourage City to leave fallen armor rocks in place
and keep paving away from edge of armor.
Lowest tier
Weaverling Spit
railroad trestle
removal or
redesign
Remove railroad trestle or unneeded creosote
pilings, or redesign causeway to a more overwater
structure to increase flow to south end of Bay.
Top tier
SE side of
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conservation
easement
Conservation easement recommended to protect
forage fish and shorebird habitat (top-ranking
function) and juvenile salmon (second-tier-ranking
function)
Top and second tier
B-4.4.2 March Point Rapid Shoreline Inventory
PPS (2001) prepared this inventory for MRC as a means of helping citizens and
agencies make informed decisions regarding conservation and restoration of
shoreline habitat. The inventory was conducted largely by volunteers, including
high school students, who received at least 10 hours of training prior to surveying
the March Point shoreline. A number of the resulting restoration recommedations
are specific to Anacortes shoreline jurisdiciton, while some more general results
can apply to Fidalgo and Padilla Bays in general (Table B-12).
Page 317
Table B-12. Recommendations resulting from PPS
citizen science March Point Rapid Shoreline
Inventory.
Project/Location Description
Forage fish
spawning habitat
surveys
Approximately 1.4 miles of shoreline documented by
WDFW as surf smelt spawning habitat did not appear to
contain appropriate substrate in the upper intertidal zone.
Recommendations are to further investigate historic
spawning sites, identify methods of recreating historic
habitat, and prevent further degradation of existing
habitat.
Upland invasive
species control
6FRW¶VEURRPDQGRWKHULQYDVLYHVSHFLHVZHUHGHWHFWHG
on the peninsula. Recommendation is to remove
invasive species, prioritizing 6FRW¶VEURRPDQGUHSODQW
with native species.
Intertidal invasive
species
Recommends removal of Spartina where it was detected
in along the SE shoreline of March Point.
Intertidal
structures
The possibility of removal of failing intertidal structures in
the March Point Road area should be explored.
Freshwater
outfalls
Recommends further investigation of shoreline outfall
characteristics that may affect the nearshore and offshore
water. These include erosion, discolored water,
darkened sediment, odors, oil slicks, debris and trash,
and excessive algae growth.
B-4.4.3 Five Year Strategic Plan
The MRC Five Year Strategic Plan, dated 9 October 2008, was completed in
pursuit of the goals of restoring the health of Skagit County marine waters, habitat
and shorelines to sustainable conditions; collecting and promoting the use of high
quality data; and promoting stewardship of County marine resources through
education and outreach (Skagit County MRC 2008). Progress toward these goals
is being achieved through projects that include landowner workshops, promoting
Marine Protected Areas, partnerships with the Skagit Land Trust, regional
projects (drift cell mapping, estuary restoration, creosite removal, oyster
restoration and monitoring, water quality testing, Spartina control, and many
others , including the projects listed in the preceeding two sections of this report),
and public outreach such as members participating in policy comment
opportunities.
B-4.5 Port of Anacortes
A number of the Port's projects involve mitigation actions to protect public
UHVRXUFHVLQFOXGLQJWKHHQYLURQPHQW7KH3RUW¶VVWUDWHJ\RXWOLQHGLQWKH3RUWRI
Page 318
Anacortes Comprehensive Plan 2008 update (Makers Architecture and Urban
Design 2008), is to proactively secure grant funding to protect and enhance
natural resources. The Port addresses environmental concerns by incorporating
sustainable building practices and site treatment where appropriate, mitigating in
advance for projects potentially impacting natural resources, and considering
obtaining property for mitigation purposes in some situations. Ongoing and
potential future projects are described in Table B-13.
Table B-13. Port of Anacortes projects involving
restoration or other environmental
components.
Project Environmental/restoration component(s)
Cap Sante Boat
Haven
redevelopment
The Port is actively working to complete this project which
includes environmental clean-up, shoreline restoration, installation
of a wave-break and reef habitat to provide long-term beach
stability. Planned clean-up includes removing wood debris and
sediment from Fidalgo bay, including an existing timber
breakwater.
Scott Paper Mill
environmental
clean-up project
The Port is working in partnership with Ecology and Kimberly
Clark, former owners of the site. Further opportunity to restore the
area as part of the clean-up is along the shoreline, where
revegetation would enhance low shoreline ecological function.
Custom
Plywood/Fidalgo
Marinas
Redevelopment of the former mill site may involve mitigation; site
is in private ownership.
Padilla Bay former
mill site
$OVRLQSULYDWHRZQHUVKLSWKHVLWH¶VUHGHYHORSPHQWZLOOOLNHO\
require mitigation for environmental impacts.
Guemes Channel:
Curtis Wharf
improvements
An opportunity for environmental clean-up and creation of a buffer
for industrial uses exists if the Port acquires two blocks of property
between N Avenue and Commercial Avenue and between 2nd
Street and 3rd Street. The Port is actively working on restoration
at O Avenue. A macroalgae/kelp mitigation plan was
implemented to mitigate for the impacts of dredging. Although
dredging is not yet planned, a subtidal rock reef mound was
constructed in February 2001 to provide habitat for kelp and
algae.
Guemes Channel:
Pier 1 replacement
There is an opportunity to replace the wood piling and deck with
non-contaminating materials during comprehensive repairs.
Recommended actions would remove creosote pilings and
contaminated sediment and soils in the ship basin and adjoining
uplands.
Fidalgo Bay
Eelgrass advanced
mitigation
The Port was awarded a $400,000 grant in 2005 from Skagit
County's Distressed County Public Facilities Fund. This grant was
awarded for Phase 1 of Project Pier 1, which involves construction
of an advance eelgrass mitigation site in Fidalgo Bay. The Port
will construct a 6-acre eelgrass habitat site in an otherwise un-
vegetated portion of Fidalgo Bay that is currently too deep to
support eelgrass, but with clean fill, will be suitable for eelgrass
Page 319
Project Environmental/restoration component(s)
establishment. The mitigation will offset the loss of existing
eelgrass that will result from dredging and construction during
shipyard redevelopment.
Ship Harbor land
use improvements
Plans include creating an environmental reserve within the Ship
Harbor wetlands and possibly building a boardwalk system and
interpretive center. Ongoing improvements to the wetlands are
expected to be part of future plans.
B-4.6 Skagit River System Cooperative
The primary objective of the Skagit River System Cooperative (SRSC) is to
restore Skagit River Chinook Salmon. In 2006, the group undertook an effort to
assess restoration potential along the March Point/Fidalgo Bay shoreline, with
particular attention to landscape and process considerations (McBride et al. 2006).
The June 2006 report entitled March Point and Fidalgo Bay Nearshore Habitat
Restoration Vision collated new information and existing restoration project
ranking attempts to produce a landscape-based plan for nearshore habitat
restoration. Potential restoration projects particular to the Anacortes shoreline are
shown in Table B-14.
Table B-14. Restoration recommendations from the
2006 SRSC Nearshore Habitat Restoration
Vision report.
Location Ecological process(es)
disrupted Restoration project recommendation
Whitmarsh tidal
channel
estuary
Diking has isolated the marsh
from tidal influence; land uses
may have re-routed freshwater
inputs to the marsh
Remove or breach the dike or replace the
tide gate. Plant a riparian buffer at upland
edge to lessen water quality impacts from
cattle grazing adjacent to the marsh.
Cap Sante
Boat Haven to
Weaverling Spit
Scouring along the sediment
source beaches has
eliminated forage fish
spawning areas; armoring has
altered the shoreline shape
and created a new area of
sediment accumulation.
[see below: Weaverling Lagoon
recommendations]
Weaverling
Lagoon
An historic marsh was diked
and filled when the railroad
trestle was built. Freshwater
sources are now ditched and
piped to the beach outside the
spit. Remnant marsh remains.
Remove all or part of the railroad fill to
restore emergent marsh, reconnect the
remnant marsh to tidal exchange, and
possibly restore eelgrass habitat in the fill
footprint and lagoon. Also remove failing
riprap along the W side of the lagoon and
restore the beach and marsh.
Page 322
Habitat or habitat
component Recommendation
Restrict hydromodification and other development in
floodplains.
Encourage low-impact development techniques for new
construction.
Reduce industrial and urban pollution inputs.
Streambed or
sediment
Decommission roads that are at high risk of delivering
sediment to streams. Roads should be selected after a risk
assessment is conducted.
Improve large woody debris transport from dams and
around bridges.
Pursue funding for road restoration needs beyond
regulatory requirements
Decrease sedimentation impacts, such as reduced gravel
recruitment and increased scour, to salmonids from diking.
Prioritize and conduct assessments on stream stability on
habitat components in order to rank potential restoration
projects.
Estuarine and
nearshore
Reconnect and restore potentially functional estuarine
habitat associated with the Skagit Basin.
Restore tidal influence to relic channels.
Set back dikes to reconnect salt marsh areas and sloughs.
Restore freshwater inputs to relic sloughs.
Reconnects and restore potentially functional slough
habitat to restore tidal influence.
Protect and restore pocket estuaries.
Address salmonid access to Padilla Bay.
Control Spartina throughout WRIA 3.
Protect existing forage fish habitat.
Minimize additional shoreline modifications.
Encourage improved shoreline riparian vegetation.
B-5.2 Puget Sound Partnership
The Puget Sound Partnership consists of representatives from a variety of
interests from the Puget Sound region including business, agriculture, the shellfish
industry, environmental organizations, local governments, tribal governments,
and the Washington state legislature. Some of the Partnership¶VNH\WDVNVDUHDV
follows:
Develop a set of recommendations for the Governor, the Legislature and
Congress to preserve the health of Puget Sound by 2020 and ensure that
marine and freshwaters support healthy populations of native species as
Page 323
well as water quality and quantity to support both human needs and
ecosystem functions.
Engage citizens, watershed groups, local governments, tribes, state and
federal agencies, businesses and the environmental community in the
development of recommendations.
Review current and potential funding sources for protection and
restoration of the ecosystem and, where possible, make recommendations
for the priority of expenditures to achieve the desired 2020 outcomes.
The Partnership through the Leadership Council released an Action Agenda in
December 2008. Implementation of this Action Agenda has resulted in State and
Federal funding of restoration and protection initiatives and projects. This
includes integrating the work of the Puget Sound Nearshore Restoration Project to
increase focus on completing work necessary to request Puget Sound restoration
funds under the Water Resources Development Act slated for 2012.
B-5.3 Skagit Conservation District
The Skagit Conservation District (SCD) is composed of local farmers,
landowners, and concerned citizens and is dedicated to maintaining Skagit
County's renewable natural resources. The SCD's priorities and goals include:
Protection and improvement of surface and groundwater quality
Watershed planning and implementation
Riparian restoration and enhancement
Forest stewardship
Wildlife habitat enhancement
Conservation education
Protection and preservation of prime agricultural land
County government assistance
These goals are met through SCD's technical assistance and public outreach
programs. SCD staff work with private partners, state and federal government
agencies, agricultural and environmental organizations, and other conservation
districts to provide education and on-the-ground assistance to local landowners
and cooperators. The SCD is funded through grants, an annual native plant sale,
and state general-fund money requiring a dollar-for-dollar match. Much of the
technical assistance provided to landowners and land users consists of helping
them adopt conservation Best Management Practices (BMPs). SCD technicians
Page 324
provide farm conservation planning services free of charge to cooperators who
request assistance. The SCD Service Forester uses an ecosystem management
approach in Forest Stewardship planning services offered to non-industrial private
forest land owners.
SCD public outreach and education efforts include hosting workshops on many
topics including septic system maintenance, livestock management, forest
management, and encouraging citizen involvement in watershed protection.
SCD's education and volunteer programs include Watershed Masters, Beach
Monitors, and Stream Team as well as working with schools to foster
development of environmentally aware adults, involving volunteers in watershed
education, monitoring and restoration projects. The SCD's programs reduce soil
erosion and prevent sediment build-up, help dairies achieve nutrient management
standards, increase wildlife habitat on private land, establish riparian
enhancement projects, target shellfish protection by correcting nonpoint pollution,
and educate local citizens about their watersheds.
B-5.4 Skagit Land Trust
Skagit Land Trust acquires land for protection through purchase or gifts of land
and by assisting landowners and other conservation groups and agencies to
protect land. Conservation easements are one method used to achieve this goal.
Easements allow the land to remain in private ownership while restricting certain
future uses to protect WKHODQG¶VZLOGOLIHDQGFRQVHUYDWLRQYDOXHV2WKHUFKRLFHV
include land donation or land sales. The Trust is presently working on twelve
new projects under the guidance of a Conservation Strategy that helps protect the
highest quality, most at-risk lands first.
Acting as project manager, Skagit Land Trust applied for and obtained funds from
the Coastal Protection fund to purchase 450 acres of tidal property in South
Fidalgo Bay for Ecology. The property, now managed by the DNR, is restricted
from development by a conservation easement held by the Trust. The easement
was completed in December 1999. This easement was amended under a similar
process in 2006 to incorporate an additional 82 acres to the easement. A second
property, 12.5 wooded acres off State Route 20 on the south end of Fidalgo Bay,
is protected from development and commercial logging after being donated to the
Trust in October 1997.
B-5.5 Skagit County WSU Beach Watchers
Skagit County WSU Beach Watchers are university-trained volunteers dedicated
to protecting the county's environment through education, research, restoration,
and personal stewardship. Projects conducted by the organization include
organizing educational lecture series for the public; collecting data on marine
plants, animals, and shore topography; participating in restoration activities; and
community outreach.
Page 325
B-5.6 Friends of the Forest
The Friends of the Forest is a non-profit citizens organization active in the
preservation of the Anacortes Community Forest Lands through education,
outreach, stewardship and advocacy. Their Forest Education Program conducts
seminars, field camps, and other education activities for adults and youth.
Stewardship activities are conducted in cooperation with the City of Anacortes
Parks and Recreation Department. Efforts include trail maintenance, invasive
plant removal, litter pick-up, user group education, habitat restoration, and "Adopt
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association with the Parks & Recreation Department, Planning Commission, and
City Council. Advocacy is often in the form of public testimony, but it also
involves the gathering and sharing of scientific information, monitoring the
effects of recreation and conservation activities, and developing and promoting
positive programs such as the Conservation Easement Program. Ongoing
restoration projects by Friends of the Forest inlcude invasive species control at
Heart Lake and Whistle Lake, and native plant restoration at Cranberry Lake.
B-6. Strategies to Achieve Local Restoration Goals
This section discusses programmatic measures for the City of Anacortes designed
to foster shoreline restoration and achieve a net improvement in shoreline
ecological processes, functions, and habitats. With projected budget and staff
limitations, the City of Anacortes does not anticipate leading most restoration
SURMHFWVRUSURJUDPV+RZHYHUWKH&LW\¶V603UHSUHVHQWVDQLPSRUWDQWYHKLFOH
for facilitating and encouraging restoration projects and programs that could be
led by private and/or non-profit entities. The discussion of restoration
mechanisms and strategies below highlights programmatic measures that the City
may potentially implement as part of the proposed SMP, as well as parallel
activities that would be led by other governmental and non-governmental
organizations.
B-6.1 Capital Facilities Program
7KH&LW\FRXOGGHYHORSVKRUHOLQHUHVWRUDWLRQDVDQHZVHFWLRQRIWKH&LW\¶V
Capital Facilities Program (CFP) to facilitate implementation. Current CFP
projects that may be prime candidates for immediate consideration due to interest
and potential outside support are listed in Table B-17.
B-6.2 Development Opportunities
When shoreline development occurs, the City has the ability to look for
opportunities to conduct restoration in addition to minimum mitigation
requirements as part of the SMP. Development may present timing opportunities
for restoration that would not otherwise occur and may not be available in the
future. Mitigation may also alloZIRU³EDQNLQJ´RSSRUWXQLWLHV,QFHUWDLQFDVHV
Page 326
on-site mitigation opportunities are limited due to building site constraints,
limited potential ecological gains, or other site-specific factors. In these
instances, the City shoreline administrator could identify an off-site restoration
site that could be contributed to in lieu of on site mitigation.
B-6.3 Development Incentives
Through the SMP, the City may provide development incentives for restoration,
including the waiving of some or all of the development application fees,
infrastructure improvement fees, or stormwater fees. This may serve to
encourage developers to try to be more imaginative or innovative in their
development designs to include more access and preservation.
B-6.4 Tax Relief / Fee System
A tax relief/fee system to directly fund shoreline restoration measures is being
investigated under the SMP. One possibility is to have the City work with the
county to craft a preferential tax incentive through the Public Benefit Rating
System administered by the County under the Open Space Taxation Act (RCW
84.34) to encourage private landowners to preserve natural shore-zone features
for "open space" tax relief. Ecology has published a technical guidance document
for local governments who wish to use this tool to improve landowner
stewardship of natural resources. More information about this program can be
found at http://www.ecy.wa.gov/biblio/99108.html. The guidance in this report
provides technically based property selection criteria designed to augment
existing open space efforts with protection of key natural resource features that
directly benefit the watershed. Communities can choose to use any portion, or all,
of these criteria when tailoring a Public Benefit Rating System to address the
specific watershed issues they are facing.
A second possibility is a Shoreline Restoration Fund. A chief limitation to
implementing restoration is local funding, which is often required as a match for
State and federal grant sources. To foster ecologLFDOUHVWRUDWLRQRIWKH&LW\¶V
shorelines, the City may establish an account that may serve as a source of local
match monies for non-SURILWRUJDQL]DWLRQVLPSOHPHQWLQJUHVWRUDWLRQRIWKH&LW\¶V
shorelines. This fund may be administered by the City shoreline administrator
and be supported by a levy on new shoreline development proportional to the size
or cost of the new development project. Monies drawn from the fund would be
used as a local match for restoration grant funds, such as the Salmon Recovery
Funding Board (SRFB), Aquatic Lands Enhancement Account (ALEA), or
another source.
B-6.5 Shore Stewards Education
Shore Stewards is a volunteer program in which shoreline property owners and
residents of waterfront communities with shared beach access voluntarily follow
Page 327
ten wildlife-friendly guidelines in caring for their beaches, bluffs, gardens and
homes. These guidelines help them create and preserve a healthy shoreline
environment for fish, wildlife, birds and people. This program was created to
help shoreline residents feel more connected to the nearshore ecosystem because
it is found that when people understand the natural processes at work on their
beaches, they may play a more active, positive role in the preservation of healthy,
fish-friendly wildlife habitats.
The ten Shore Stewards guidelines for shoreline living are:
1. Use water wisely
2. Maintain your septic or sewer system
3. Limit pesticide and fertilizer usage
4. Manage upland water runoff
5. Encourage native plants and trees
6. Know permit procedures for shoreline development
7. Develop on bluffs with care
8. Minimize bulkheads, docks and other structures
9. Respect intertidal life
10. Preserve eelgrass beds and forage fish spawning habitat
Shore Stewards was created in 2002 with grant funding by the Island County
Marine Resources Committee. The pilot program was launched on Camano
Island by a dedicated group of Washington State University (WSU) Beach
Watchers, who wrote the resource-packed Shore Stewards Guide. Shore Stewards
is now expanding to other counties of Puget Sound.
B-6.6 Stewardship Certification Process
The Shore Stewards program sets up guidelines for shoreline residents to preserve
and enhance the shoreline environment. With a verification component, Shore
Stewards could provide certification and tracking. This could be implemented as
a Shoreline Tax Incentives program when someone participates in the WDFW
backyard sanctuary program. Since the City recognizes that there are important
opportunities to improve shoreline ecological conditions and functions through
non-regulatory, volunteer actions by shoreline residents and property owners, it
might examine the potential for property tax breaks for shoreline property owners
who actively manage their property for habitat protection or enhancement. To
encourage volunteer actions that better shoreline ecological functions, shoreline
Page 328
property owners actively participating in the WDFW backyard sanctuary program
or some similar program could receive, for example, a 5% credit on their City
property taxes.
A small demonstration restoration project that included a variety of techniques
could be completed by the City as an example for others. The City could also
identify a set of demonstration restoration projects (which have broad public
support), then actively solicit entities to implement one or more of them. The
City should also encourage participation in WDFW backyard sanctuary program
and other citizen-oriented conservation programs.
B-6.7 Resource Directory
Development of a resource list would be helpful in aiding property owners who
want to be involved in restoration. Examples of grant programs that could be
included are:
Landowner Incentive Program (LIP): This is a competitive grant process to
provide financial assistance to private individual landowners for the protection,
enhancement, or restoration of habitat to benefit species-at-risk on privately
owned lands.
Salmon Recovery Funding Board (SRFB) Grant Programs: SRFB administers two
grant programs for protection and/or restoration of salmon habitat. Eligible
applicants can include municipal subdivisions (cities, towns, and counties, or port,
conservation districts, utility, park and recreation, and school districts), tribal
governments, state agencies, nonprofit organizations, and private landowners.
B-6.8 Volunteer Coordination
The City will continue to emphasize and accomplish restoration projects by using
community volunteers and coordinate with organizations such as Skagit County
MRC, Skagit Beach Watchers, and local tribes, which already have volunteer
programs in place.
B-6.9 Regional Coordination
The City will continue its association and active involvement with the Skagit
County MRC, a County Commissioner-appointed volunteer organization that
facilitates marine and shoreline habitat restoration for salmon and marine
resources. The City may also look for other opportunities for involvement in
regional restoration planning and implementation.
Page 329
B-7. Proposed Implementation Targets and
Monitoring Methods
B-7.1 Project Evaluation
When a restoration project is proposed for implementation by the City, other
agency, or by a private party, the project should be evaluated to ensure that the
SURMHFW¶VREMHFWLYHVDUHFRQVLVWHQWZLWKWKRVHRIWKLV5HVWRUDWLRQ3ODQRIWKH SMP
and, if applicable, that the project warrants implementation above other candidate
projects. (It is recognized that, due to funding sources or other constraints, the
range of any individual project may be narrow.) It is also expected that the list of
potential projects may change over time, that new projects will be identified and
existing opportunities will become less relevant as restoration occurs and as other
environmental conditions, or our knowledge of them, change.
When evaluating potential projects, priority should be given to projects most
meeting the following criteria:
Restoration meets the goals and objectives for shoreline restoration.
Restoration of processes is generally of greater importance than
restoration of functions.
Restoration avoids residual impacts to other functions or processes.
Projects address a known degraded condition.
Conditions that are progressively worsening are of greater priority.
Restoration has a high benefit to cost ratio.
Restoration has a high probability of success.
Restoration is feasible, such as being located on and accessed by
public property or private property that is cooperatively available for
restoration. Restoration should avoid conflicts with adjacent property
owners.
There is public support for the project.
The project is supported by and consistent with other restoration plans.
7KH&LW\VKRXOGFRQVLGHUGHYHORSLQJDSURMHFW³VFRUHFDUG´DVDWRROWRHYDOXDWH
projects consistent with these criteria.
Page 330
B-7.2 Monitoring and Adaptive Management
In addition to project monitoring required for individual restoration and mitigation
projects, the City should conduct system-wide monitoring of shoreline conditions
and development activity, to the degree practical, recognizing that individual
project monitoring does not provide an assessment of overall shoreline ecological
health. The following three-prong approach is suggested:
1. 7UDFNLQIRUPDWLRQXVLQJWKH&LW\¶V*,6DQGSHUPLWV\VWHPDVDFWLYLWLHVRFFXU
(development, conservation, restoration and mitigation), such as:
New shoreline development
Shoreline variances and the nature of the variance
Compliance issues
New impervious surface areas
Number of pilings
Removal of fill
Vegetation retention/loss
Bulkheads/armoring
The City may require project proponents to monitor as part of project
mitigation, which may be incorporated into this process. Regardless, as
development and restoration activities occur in the shoreline area, the City
should seek to monitor shoreline conditions to determine whether both project
specific and SMP overall goals are being achieved.
2. Periodically review and provide input to the regional ongoing monitoring
programs, such as:
DNR monitoring
Puget Sound Ambient Monitoring Program
Through this coordination with regional agencies, the City should seek to
identify any major environmental changes that might occur.
3. Re-review status of environmental processes and functions at the time of
periodic SMP updates to, at a minimum, validate the effectiveness of the
SMP. Re-review should consider what restoration activities actually occurred
compared to stated goals, objectives and priorities, and whether restoration
projects resulted in a net improvement of shoreline resources.
Page 331
Under the Shoreline Management Act, the SMP is required to result in no net loss
of shoreline ecological functions. If this standard is found to not be met at the
time of review, Anacortes will be required to take corrective actions. The goal for
restoration is to achieve a net improvement. The cumulative effect of restoration
over time between reviews should be evaluated along with an assessment of
impacts of development that is not fully mitigated to determine effectiveness at
achieving a net improvement to shoreline ecological functions.
Evaluation of shoreline conditions, permit activity, GIS data, and policy and
regulatory effectiveness should occur at varying levels of detail consistent with
the Comprehensive Plan update cycle. A complete reassessment of conditions,
policies and regulations should be considered every seven years. To conduct a
valid reassessment of the shoreline conditions every seven years, it is necessary to
monitor, record and maintain key environmental metrics to allow a comparison
with baseline conditions. As monitoring occurs, the City should reassess
environmental conditions and restoration objectives. Those ecological processes
and functions that are found to be worsening may need to become elevated in
priority to prevent loss of critical resources. Alternatively, successful restoration
may reduce the importance of some restoration objectives in the future.
B-7.3 Reporting
Section B-4 describes project opportunities to restore shoreline conditions. The
restoration opportunities included are based upon a detailed inventory and
analysis of shoreline conditions by many sources. Nonetheless, exhaustive
scientific information about shoreline conditions and restoration options is cost
prohibitive at this stage. Additionally, restoration is at times experimental.
Monitoring must be an aspect of all restoration projects. Information from
monitoring studies will help demonstrate what restoration is most successful.
Generally, conservation of existing natural areas is the least likely to result in
failure. Alternatively, enhancement (as opposed to complete restoration of
functions), has the highest degree of uncertainty.
This Restoration Plan does not provide a comprehensive scientific index of
restoration opportunities that allows the City to objectively compare opportunities
against each other. If funding was available, restoration opportunities could be
ranked by which opportunities are expected to have the highest rates of success,
which address the most pressing needs, and other factors. Funding could also
support a long-term monitoring program that evaluates restoration over the life of
the SMP (as opposed to independent monitoring for each project).
City planning staff is encouraged to track all land use and development activity,
including exemptions, within shoreline jurisdiction, and may incorporate actions
and programs of the other departments as well. A report may be assembled that
provides basic project information, including location, permit type issued, project
description, impacts, mitigation (if any), and monitoring outcomes as appropriate.
Examples of data categories might include square feet of non-native vegetation
Page 332
removed, square feet of native vegetation planted or maintained, reductions in
chemical usage to maintain turf, linear feet of eroding stream bank stabilized
through plantings, or linear feet of shoreline armoring removed. The report would
also outline implementation of various programs and restoration actions (by the
City or other groups) that relate to watershed health.
The staff report may be assembled to coincide with Comprehensive Plan updates
and may be used, in light of the goals and objectives of the Shoreline Master
Program, to determine whether implementation of the SMP is meeting the basic
goal of no net loss of ecological functions relative to the baseline condition
established in the Inventory and Analysis Report. In the long term, the City
should be able to demonstrate a QHWLPSURYHPHQWLQWKH&LW\RI$QDFRUWHV¶
shoreline environment.
B-8. References
Antrim, L.D., A.B. Borde, R.M. Thom, and J.A. Southard. 2005. Plan for habitat
protection, restoration, and enhancement of Fidalgo Bay and Guemes Channel.
Prepared for the City of Anacortes by Battelle Marine Sciences Laboratory, Sequim,
WA. 29 pp. + appendices.
Bloch, P. et al. 2006. Northern Skagit County bays and shoreline habitat conservation
and restoration blueprint ± 2005 update. Prepared for the Skagit County Marine
Resources Committee by People for Puget Sound, Seattle, WA. 54 pp + maps.
City of Anacortes. 2009a. Anacortes Comprehensive Park and Recreation Plan. 33 pp.
City of Anacortes. 2009b. Anacortes Community Forest Lands Comprehensive Plan. 22
pp + appendices.
City of Anacortes. 2007. Anacortes Comprehensive Plan. Chapter 2: Land Use. 25 pp.
City of Anacortes. Capital Facilities Plan 2009-2014. 163 pp.
City of Anacortes. 2007. Anacortes Stormwater Management Plan. Chapter 4: Capital
Improvements and Program Plan.
HBB Landscape Design. 2008. O ± Avenue Report, Project Pier 1 Job Development Fund
Public Access & Mitigation Sites. Prepared for the Port of Anacortes.
Makers Architecture/Urban Design. 2008. Anacortes Comprehensive Plan. Port of
Anacortes. 86 pp.
McBride A., E. Beamer, and K. Wolf. 2006. March Point and Fidalgo Bay Nearshore
Habitat Restoration Vision. 23 pp + appendices.
Page 333
People for Puget Sound. 2006. Northern Skagit County Bays and Shoreline Habitat
Conservation and Restoration Blueprint 2005 Update. Prepared for the Skagit County
Marine Resources Committee.
People for Puget Sound. 2001. March Point Rapid Shoreline Inventory Skagit County,
Washington. Report for Skagit County Marine Resources Committee.
Skagit County Marine Resources Committee. 2008. Five Year Strategic Plan. 6 pp.
Skagit River System Cooperative and Washington Department of Fish and Wildlife.
2005. Skagit Chinook Recovery Plan. 327 pp.
Smith, Carol, D. Smith, and T. Waldo. Salmon and steelhead habitat limiting factors
water resource inventory areas 3 and 4, the Skagit and Samish Basins. Date
unknown. Washington Conservation Commission.
http://www.scc.wa.gov/index.php/271-WRIA-3-4-Upper/Lower-Skagit-
Watershed/View-category.html.
The Watershed Company. 2009. DRAFT Shoreline Analysis Report for the City of
$QDFRUWHV¶V6KRUHOLQHV 3XJHW6RXQG:DWHUV&UDQEHUU\/DNH+HDUW/DNH:KLVWOH
Lake and Lake Erie. Prepared for the City of Anacortes Planning Department. 87 pp
+ appendices.
Washington Department of Natural Resources. 2008. Fidalgo Bay Environmental
Aquatic Reserve Management Plan. 82 pp.
ATTACHMENT B: REQUIRED CHANGES
PROPOSED AMENDMENTS TO THE CITY OF ANACORTES' SHORELINE
MASTER PROGRAM -COMPREHENSIVE REWRITE
Resolution No. 1796
Prepared by Robert J. Fritzen on August 23, 2010
Added text is underlined, removed text is stmek. Ecology's explanatory statements are in italics.
All changes are required. As provided in RCW 90.58.090(2)(e)(ii) the city may choose to submit
an alternative to all or part of the changes required by Ecology.
2.4 E. 7. Construction on shorelands by an owner, lessee, or contract purchaser of a
single-family residence for their own use or for the use of their family, ...
Language is required per RCW 90. 58. 030(3. e. vi)
2.4 E.16.c. v. No local government may require permits or charge fees for fish habitat
enhancement projects that meet the criteria of(16)(c)(Ai) of.. ...
Reference correction needed.
2.4 F. . .. Application information shall include those items listed in WAC 173-
27-180 and A.l\4C 18.16 as contained within the Anacortes Municipal Code for
Substantial Development Permits unless otherwise waived.
The WAC citation gives the specific requirements. The City also plans to reformat the AMC and
the reference will no longer be accurate,
3 .6.~ ... the City may require compliance with RCW 58.17 and Title 1 g AMC for Land
Divisions.,.
Title 18 does not deal with the subdivision of land The reference should be Title I 6, however
the City plans to reformat the AMC and the Title numbers will no _longer be applicable, The
change was requested by the City.
5.7 Natural
F. Legal Description
Washington Park: Begimling at the intersection of Parcel #32465 or 5919 Cabana
Lane and Parcel #32464, thence West and North along the shoreline 6,760 feet to the .
intersection of Parcel #32393 and Parcel #31552. This area is all wl.thin 200 feet of the
OHWM.
Washington Park-North Side:
Beginning at a point West of the intersection of Parcel #31552 and Parcel #31551, 919
feet, thence East along the shoreline 1,883 feet to a point 829 feet East of the intersection
of Parcel #31552 and Parcel #31551. This area is all within 200 feet of the OHWM.
Shannon Point -West side:
Attachment B
Page 2 of12
August 23, 2010
Beginning at the intersection of Parcel #331554 and Parcel #31556, thence North along
the shoreline 2,317 feet to the intersection of Parcel #31555 and Parcel #31547. This
area is all within 200 feet of the OHWM.
Shannon Point -Lake Shannon:
Beginning at the intersection of Parcel #31547 and Parcel #31548, thence South and East
along i:he shoreline 1,077 feet to a point 748 feet West of i:ti the intersection of Parcel
#31577 and Parcel #31576. Jurisdiction is 200-feet landward of the OHVfM and
included the associated wetland (Lake Shannon wetland).
Ship Harbor Wetland:
Beginning at a point 636 West along the shoreline of the intersection of Parcel #31668
and Parcel #31667, thence East along the shoreline.1,442 feet to the intersection of Parcel·
#31667 and Parcel #31666. Jurisdiction is 200-feet landward of the 0 HWM and included
the associated wetland (Ship Harbor wetland). '
Cap Sante -SE: .
Beginning at the intersection of Parcel #56851 the South line of 6th Street Right of Way,
thence South and West along the shoreline 2,534 feet to the intersection of Parcel #56906
and Parcel #56905. This area is all within 200 feet of the OHWM.
Little Cranberry Lake:
The Western, Southern and Eastern shoreline of Little Cranberry Lake and entire
shoreline of Big Beaver Pond a distance of 12,210 feet. Jurisdiction is 200-feet landward
of the OHWM and· included the associated wetland.
Heart Lake:
The Western half of the Heart Lake shoreline a distance of 5,056 feet. This area is all
within 200 feet of the OHWM.
Whistle Lake:
The Western, Southern and Eastern shoreline of Whistle Lake a distance of7,634 feet.
This area is all within 200 feet of the OHWM. .
· Lake Erie: ·
Beginning at the intersection of Parcel #19038 and Parcel #19044 and traveling Southeast
along the shoreline of Lake Erie 1,335 feet to the intersection of Parcel #19044 and
Parcel #19152. This area is all within 200 feet of the OHWM.
Required per WAC 173-26-211 (2)(b).
5.8 Conservancy
F. Legal Description
Washington Park:
Beginning at the intersection of Parcel #32393 and Parcel #31552, thence North and East
along the shoreline 383 feet to a point West of the intersection of Parcel #31552 and .
Parcel #31551, 919 feet. This area is all within 200 feet of the OHWM.
Washington Park-Boat Launch:
Beginning at a point 829 feet East of the intersection of Parcel #31552 and P#31551,
thence North along the shoreline ·l ,692 feet to the intersection of Parcel #31554 and
Parcel #31556. This area is all within 200 feet of the OHW mark except for the north
315 feet which is only the area within 100 of the OHWM.
. Attachment B
Page 3 of12 ·
August 23, 2010
Shannon Point:
Beginning at the intersection of the Southwest comer of Parcel #31555 and Parcel
#31547, thence East along the shoreline 650 feet to a point 730 feet Northwest of the
intersection of Parcel #3154 7 and Parcel #31548 at Lake Shannon. This area is all within
200 feet of the OHWM.
Guemes Channel-West ofLovrics:
Beginning at a point 803 feet West of the intersection of Parcel #31666 and Parcel
#31669, thence North and East along the shoreline 6, 175 feet to a point at the intersection
of Parcel #31732 and Parcel #31739. This area is all within 100 feet of the OHWM.
Guemes Channel -East of Lovrics:
Beginning at the intersection of Parcel #31705 and Parcel #31703, thence North and East
along the shoreline 1,878 feet to the intersection of Parcel #31538 and Parcel #31532.
The West 1,403 feet are within 150 feet of the OHWM. The East 475 feet are within 25
feet of the OHWM. ·
Guemes Channel~ Guemes Ferry:
Beginning at the intersection Parcel #31530 and Parcel #56024, thence North and East
along the shoreline 703 feet to a point 114. feet West of the intersection of Parcel #31523
and Parcel #31540. This area is all within 200 feet of the OHWM.
Cap Sante -SW:
Beginning at the intersection of Parcel #56906 and Parcel #56905, thence West and North
along the shoreline 2280 feet to a point at the intersection of Parcel #56900 and Parcel
#56897. This area is all within 200 feet of the OHWM.
Fidalgo Bay-North of Weaverling Spit:
Beginning at the intersection of Parcel #33198 and Parcel #33210, thence South and East
along the shoreline 2,880 feet to the intersection of Parcel #33202 and Parcel #33203 ..
This area is·all within 200 feet of the OHWM.
Fidalgo Bay:
Beginning at the intersection of Parcel #33440 and Parcel #33439, thence Southeast and
Northwest along the shoreline 2,878 feet to a point at the intersection of Parcel #33445
and Parcel #112900. This area is all within 200 feet of the OHWM except for the West.
462 feet that are within 150 of the OHWM.
Fidalgo Bay: .
Beginning at the intersection of Parcel #33271 and Parcel #33268 thence South, East and
North to the City limits line on March Point along the shoreline 15,800 feet. This area is
all within 200 feet of the OHWM.
Padilla Bay:
Beginning at a point454 feet West of the intersection of Parcel #19709 and Parcel
#19707, thence Southeast along the shoreline 2,000 feet to a point at the intersection of
Parcel #19707 and the Anacortes City Limits. Jurisdiction is 200-feet landward of the
OHWM and included the associated wetlands in Parcel #19676.
Little Cranberry Lake:
The N orthem shoreline of Little Cranberry Lake a distance of 1,548 feet. This area is all
within 200 feet of the OHWM.
Heart Lake:
Attachillent B
Page4 of12
August 23, 2010
Tue Eastern half of the Heart Lake shoreline a distance of 4,295 feet. This area is all
within 200 feet of the OHWM.
Whistle Lake:
The Northern shoreline of Whistle Lake a shoreline distance of 782 feet. This area is all
within 200 feet of the OHWM.
Required per WAC 173-26-211 (2)(b).
5.9 Shoreline Residential
F. Legal Description
Skyline Area:
Beginning at the city limits line along Burrows Bay, and inside Flounder Bay a length of
9,860 feet along the shoreline to a point at the intersection of Parcel #60074 or 5801
Kingsway and Parcel #60075 or 1901 Skyline Way. This area is all within 200 feet of the
OHWM.
, Washington Court:
Beginning at the intersection of Parcel #31554 and Parcel #31557, thence North 315 feet
to the intersection of Parcel #31554 and Parcel #31556. This area is 100 feet inland of
the OHWM and 100 feet deep.
·Guemes Channel-West of Lovrics:
Beginning at a point 803 feet West of the intersection of Parcel #31666 and Parcel
#31669, thence North and East 6,685 feet to a point 510 feet East of the intersection of
Parcel #31732 and Parcel #31739. this area is 100 feet inland of the OHWM and 100
feet deep.
Guemes Channel -East of Lovrics:
Beginning at the intersection of Parcel #31705 and Parcel #31703, thence North and East
4,602 feet to the intersection of Parcel #31523 and Parcel #31540. The West 1,413 feet
are 150 feet off the OHWM and 50 feet deep: The East 3,189 feet are 50 feet off the
QHWM'and 150 feet deep.·
Cap Sante -NE:
Beginning at the intersection of Parcel #32871 and the East line of the "U" A venue Right
of Way, thence East and South along the shoreline 3,100 feet to the intersection of Parcel
#56851 and the South line of the 61h Street Right of Way. This area is all within 200 feet
oftheOHWM. .
Requiredper WAC 173-26-211(2)(b).
5.10 Urban
F. Legal Description
Skyline Area:
Beginning at the intersection of Parcel #60074 or 5801 Kingsway and Parcel #60075 or
1901 Skyline Way, thence following the _shoreline around Flounder Bay and Burrows
Strait a length of 6,462 feet to the intersection of Parcel #32465 or 5919 Cabana Lane and
Parcel #32464. This area is all within 200 feet of the OHWM.
· Attachment B
Page S of12
August 23, 2010
Ferry Terminal:
Beginning at a point West of the intersection of Parcel #31577 arid Parcel #31576 thence
South and East along the shoreline 1,077 feet to a point 636 feet West of the intersection
of Parcel #31668 and Parcel #31667. This area is all within 200 feet of the OHHM.
Ship Harbor:
Beginning at the intersection of Parcel #31667 and Parcel #31666, thence East along the
shoreline of Guemes Channel 554 feet to a point 803 feet West of the intersection of
Parcel #31666 and Parcel #31669. 1hls area is all within 200 feet of the OHWM.
Guemes Channel -Lovric:
Beginning at the intersection of Parcel #31732 and Parcel #31739, thence East along the
shoreline of Guemes Channel to the intersection of Parcel #31705 and Parcel #31703.
This area is all within 200 feet of the OHWM except for the West 500 feet which is only
100 feet off the OHWM.
Guemes Channel -B..:H Ave.:
Beginning at the intersection of Parcel #31538 and Parcel #31532, thence East along the
shoreline of Guemes Channel 2,644 feet to the intersection of Parcel #3153 7 and Parcel
#31534. All within 50 feet of the OHWM.
Cap Sante Basin-Fidalgo Bay -South to 34th St.:
Beginning at the intersection of Parcel #56900 and Parcel #56897, thence North, West
and South along the shoreline 11,733 feet to a point at the intersection of Parcel #119601
and Parcel #33196. This area is all witlrin 200 feet of the OHWM.
Fidalgo Bay -WeaverlingSpit-North side:
.Beginhing at the intersection of Parcel #33202 and Parcel#33203, thence South and East
along the shoreline 1, 770 feet to a point at the intersection of Parcel #33440 and Parcel
#33439. This area is all within 200 feet of the OHWM.
Fidalgo Bay -Weaverling Spit-South side:
Beginning at the intersection of Parcel #33445 and Parcel #112900, thence West and
South along the shoreline 670 feet to a point at the intersection of Parcel #33271 and
Parcel #33268. This area is all within 200 feet of the OHWM except for the East 462 feet
that are off the OHWM 150 feet and 50 feet deep.
Required per WAC 173-26-211 (2)(b).
5.11 Urban Maritime·
E. Legal Description
Gu em es Channel ,.... Guemes Ferry East .to "U", Ave.
Beginning at a point 114 feet West of the intersection of Parcel #31523 and Parcel
#31540, thence East along the shoreline of Guemes Channel 6,493 feet to the intersection
of Parcel #32871 and the East line of the "U" Avenue Right of Way. 1hls area is all
within200 feet of the OHWM.
Fidalgo Bay-341h to Fidalgo Bay Rd.:
Beginning at the intersection of Parcel#l 19601 and Parcel #33196, thence South along
the shoreline 1,097 feet to a point at the intersection of Parcel#33198 and Parcel #33210.
This area is all within 200 feet of the OHWM.
Required per WAC 173-26-211 (2)(b)
Attachment B
Page 6 ofl2
August 23, 2010
6.1 Introduction
(second paragraph).... restoration of impaired shoreline ecological functions to achieve overall
improvements in shoreline ecological :functions over time (WAC 173~26-201 G}(f).
Change required to ·correct citation.
(third paragraph) ... General environmental impacts include effects upon the elements of the
environment listed.in the State Environmental' Policy Act (SEPA) (WAC 197-11-444600 and
WAC 197 11 666).
Section 600 deals with environmental documents and section 666 does not exist. Section 444 is
entitled "Elements of the environment".
Policy 6.3.1 ... (Avoid, Minimize, Rectify, Reduce, Compensate, Monitor)(WAC 173-26-
20l@e)fil.
Change required to correct citation.
DR-6.3) ... state certified mitigation bank in accordance with Chapter 90.861 RCW .&4
(Wetlands Mitigation ...
Change required to correct citation.
. 6.4 Environmental Elements
... This section provides policies and regulations to address environmental impacts to the
elements of the environment listed in the State Environmental Policy Act (SEPA) (WAC 197-
11-444600 and WA.(; 197 11 666).
Section 600 deals with environmental documents and section 666 does not exist. Section 444 is
. entitled· "Elements of the environment".
DR-6.4.11 ... and the Washington State Pesticide Control Act (RCW 15.S+JD to ....
Change required to correct citation.
DR-6.5.8 As part of meeting project site area landscaping requirements, and in .
coordination with any bufferreguirements, the applicant for a proposed new
development; expansion, or redevelopment project of a non-water-dependent
use other than public shoreline access trails that will abut the City's marine
shorelines must submit a landscaping plan for approval. specifying protection
of existing native riparian vegetation within fifteen feet of the OHWM. If
native vegetation within fifteen of theOHWM has been destroyed or
. significantly degraded, the landscaping plan shall specify replacement by
installation of dense native riparian vegetation consisting of trees, shrubs, and
groundcovers within and along portions of the fifteen-foot wide strip of land
lying immediately landward of the line of ordinary high water (OHW) for
currently unarmored shorelines, or the landward edge of existing shoreline
annorinifor currently armored shorelines. Water-dependent uses and public
access trails that will abut the City's marine shorelines are ·exempt from the
locational requirements of planted areas but must provide an
Attachment B
Page 7 of12
August 23, 2010
landscaping/mitigation plan that provides equal to or greater environment
function than already exists equivalent area using alternative configurations.
Riparian vegetation should be encouraged, but not required, elsewhere on the
site for aesthetic continuity with the riparian vegetation required along the
shoreline. DR-5.9.11 al;m requires additional enhancement in the Residential
environment. Any restrictions or conditions which are tied to the parcel
through the development of a landscape plan shall be recorded on a revised
Notice on Title. The landscaping plan must also meet the following
requirements:
The changes are required in order to meet no net loss standards -see WAC .173-26-186(8.b.), or
are consistent with language elsewhere in the SMP
6.7 Fish and Wildlife Habitat Conserv~tion Areas (third paragraph)
... areas with which endangered, threatened, and sensitive species have a «primary
association" (see WAC 365-.19.J.0~080(5)(a)(i) ....
Change required to correct citation.
DR-6.7.6 In addition to requiring compliance with DR-6.5.9Q for certain types of
developments and uses (e.g., minimum ten-foot wide planting bed(s) of riparian
vegetation along marine shorelines), the City shall require the establishment of
buffer areas for activities adjacent to fish and wildlife habitat conservation areas
on a case by ca.Se basis through a critical area report when needed to protect such
habitat conservation areas, pursuant to Section A-5.3(G)(l) of the Critical Areas
Regulations contained in Appendix A. In order to determine the need or extent of
a buffer, a critical area report shall be required for all development in or adjacent
to a habitat conservation area (See also DR-6.6.7).
The referenced section need.s to be corrected The SMP does not appear to.include language that
·establishes whe·n a buffer analysis is needed. The changes are required in order to meet no net
loss standards-see WAC 173-26-186(8.b.). ·
. DR-6.6.7 Until an inventory of critical saltwater habitat is done, prior to construction all
over water and near-shore developments shall conduct an inventory of site and
adjacent beach sections to assess the presence of critical saltwater habitats and·
functions. The methods and extent of inventory shall be consistent with accepted
research methodology. New studies shall be developed only where existing
information is inadequate or does not exist.
See WAC 173-26-221 (2.c.iii.C.)
bR-8.4.;3 Any unavoidable impacts remaining after application of mitigation sequeooffig
must be mitigated. Mitigation sequencing shall be followed. ·
As written the regulation is redundant since mitigation sequencing requires compensatory
mitigation.
Attachment B
Page 8 ofl2
·August 23, 2010
DR-8.5.3 All commercial development/redevelopment requiring a Substantial Development
or Conditional Use Permit within shoreline jurisdiction shall provide for public
visual and physical access to the shoreline in accordance with Chapter 7, Public
Access, taking into· consideration constitutional and statutory limitations. Such
provisions could be the preservation of shoreline views, the establishment of
public access easements across and to the shoreline, enhancement of an adjacent
street-end or park or other consideration commensurate with the degree of impact
caused by the development. Ecological restoration shall also be considered as
potential mitigation of impacts to shoreline resources and values for all non-
water-dependent commercial development unless demonstrated to be infeasible or
inappropriate.
See WAC 173-26-241 (3.d)
DR-8.5.7 Priority shall first be given to water-dependent commercial uses over non-water-
dependent commercial uses; second, preference to water-related and water-
enjoyment commercial uses over non-water-oriented commercial uses.
See WAC 173-26-241(3.d)
DR-8.5.8 Non-water-oriented commercial uses in shoreline jurisdiction shall be prohibited
unless they meet the following criteria:
(i) The use is part of a mixed-use project that includes water-dependent
uses and provides a significant public benefit with respect" to the Shoreline
Management Act"s objectives such as providing public access and
ecological. restoration; or
(ii) Navigabilicy is severely limited at the proposed site and the
commercial use provides a significant public benefit with respect to the
Shoreline Management Acfs objectives such as providing public access
and ecological restoration.
In areas designated for commercial use, non-water-oriented commercial
development may be allowed if the site is physically separated from the shoreline
by another property or public right of way.
See WAC 173-26-241 (3.d.)
DR-8.6.1 Preference shall be given to water-dependent industrial uses over non-water-
dependent industrial uses; and seco.nd, give preference to water-related industrial
uses over non-water-oriented industrial uses.
See WAC 173-26-241(3/)
DR-8.6.2· Non-water-oriented industrial uses in shoreline jurisdiction shall be prohibited
unless they meet the following criteria:
(i) The use is part of a mixed-use project that includes water-dependent
Attachment B
Page 9of12 ·
August 23, 2010
uses and provides a significant public benefit with respect to the Shoreline
·Management Act's objectives such as providing public access and
ecological restoration; or
(ii) Navigability is severely limited at the proposed site and the
commercial use provides a significant public benefit with respect to the
Shoreline Management Act's objecti_ves such as providing public access
and ecological restoration.
In areas designated for industrial use, non-water-oriented industrial development
may be allowed if the site is physically separated from the shoreline by another
property or public right of way ..
See WAC 173-26-241 (3.f). DR 8.6.1 through DR 8.6.7 must be changed to DR-8.6.3 through
DR-8.6.9.
DR-8.7.17 VieWpoints and public access to new and expanded marina areas shall be included
in marina plan and design, particularly where water-enjoyment uses are
associated.
See WAC 173-26-241 (3.c.iv.)
DR-8.12.11 All pennits issued in areas documented to contain archaeological resources
require a site inspection or evaluation by a professional archaeologist in
coordination with affected Indian Tribes. ·
See WAC 173-26-221 (l.c.ii)
DR-8.13.3 ... and must comply with the provisions of Section9.61, Fill.
Change required to correct citation.
DR-9.4.5 Breakwaters shall be allowed only for water-dependent uses, public access,
shoreline stabilization, or other specific public purpose.
See WAC 173-26-231(3.d) .
DR-9.4.6 The design and construction of breakwaters shall address impacts to, and protect,
ecological functions and critical areas. Mitigation se.quencing and appropriate
mitigation shall be required.
See WAC 173-26-231(3.d)
DR-9.6.4 New development shall be sited and designed to avoid or, if that is not possible, to
. minimize the need for new and maintenance dredging.
See WAC 173-26-231 (3.f)
DR-9.7.9 Fills shall be located, designed, and constructed to protect shoreline ecological
functions and ecosystem-wide processes.
See WAC 173-26-231(3.c.) .
Attachment B
Page 10of12
· August 23, 2010
DR-9.9.5 Extended moorage (longer than 5 days), regardless of method, on waters of the
state except as allowed by applicable state regulations and unless a lease or
permission is obtained from the state and impacts to navigation and public are
mitigated is prohibited.
See WAC 173-26-241(3.c. viii.). The number of days was provided by the City.
DR-9.1 L1 New development, including the subdivision ofland, shall not create lots which
require future shoreline stabilization to the extent feasible. If necessary, a
geotechnical report shall be required.
See WAC 173-26-231(3.a.iii.A.)
DR-9.11.2 New development.near steep slopes or bluffs shall be set back sufficiently to
ensure that shoreline stabilization is unlikely to be necessary during the life of the
structure as demonstrated by a geotechnical analysis.
See WAC 173.:.26-231(3.a.iii.A.)
DR-9.1 L3 New development that would require shoreline stabilization which causes
significant impacts to ·adjacent or down-current properties and shoreline areas
. shall not be allowed.
See WAC 173-26:.231(3.a.iii.A.) DR 9.11.1 through DR 9.11.H must be replaced with DR-
9.11.4 through DR-9.11.20 respectively to allow for new regulations.
DR-9 .11.6 New development, including creation of new parcels, that would require future
shoreline stabilization during the life of the structure is prohibited except where
no alternative locations are available and no net loss of ecological functions will
result as demonstrated through a geotechnical analysis.
See WAC 173-26-231(3.a.iii.A.) DR 9.11.6 through DR 9.11.21 must be replaced with DR-
9.11.7 through DR-9.11.22 respectively.
Chapter 12 Definitions
Bogs A shallow water area that may be filled by sedimentation and the decaying of vegetation.
[reference 'NAG 173 22 03 0(5)]
Citation does not exisi . · ·
Ecological Functions ... the shoreline's natural ecosystem. See WAC l 73-26-20Gl(2)(c).
Citation must be corrected
Height 5.d. The variance criteria in Section 15 Chapter 15 of this SMP.
Citation must be corrected
HP A -Hydraulic Project Approval The permit issued by the Washington State Department of
Fish and Wildlife pursuant to the State Hydraulic Code Chapter 75.20.100" 11077.55 RCW.
Attachment B
Page 11of12
August 23, 2010
Citation must be corrected.
Hydrophytes Plants capable of growing in water or on a substrate that is at least periodically
deficient in oxygen as a result of excessive water content.
See also Alarshes, Bogs, and Swamps
The phrase "marshes, bogs, and swamps" has been replaced by uwetlands" in WAC 173-22.
Lake ... elevation of the lake's ordinary high water mark within the stream (RGW
.90.58.030(1 d); WAC l 73~22-030(9)). .
"Lake" is no longer defined in the RCW The definition is based on its use in WAC 173-22.
Marshes, Bogs, and Swamps As defined in WAC 17 22 030(5), "marshes, bogs, and s'tvamps"
are lands transitional bet\veen terrestrial and aquatic systems ·.vhere saturation v.vith water is the
dominant factor deterinining plant and animal communities and soil development. For the
purposes of this definition, these areas ffillSt have one or more of the follovnng attributes:
a) At least periodically, the land supports pt'edominantly hydrophytes; and/or
b) Th-e substrate is predominantly undrained hydric soils.
Hydrophytes include those plants capable of growing in 'Nater. or on a substrate that is at least
periodically deficient ill oxygen as a result of excessive \vnter content. Hydric soils include those ·
soils that are ',vet enough to periodically produce anaerobic conditions, thereby influencing the
grov.'th of plants. ·
Marshes, Bogs, and Swamps are no longer defined in the WAC and have been replaced with the
term "wetland". ·
Master Program The comprehensive. managementuse plan for a described shoreline and water
surfa€i::! area and the use regUlationQ 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 and its guidelines under WAC 173 14 and 173 16, as
amended.
Changes are required to meet the current definition in RCW 90.58. 030(3.b.)
Mitigation or Mitigation Sequencing The process necessary to avoid, minimize or reduce, or
compensate for the environmental impact(s) of a proposal (see WAC 197-11-768 and WAC 173~
26-00-0201 (~2.e.)).
Citation must be corrected
Swamp A lowland region saturated with water~·
The definition no longer exists in WAC 173-22.
Wetlands or Wetland Areas ... areas to mitigate the conversion of wetlands if permitted by the
City (RCW 36.70A.030(20l)).
Attachment B
Page 12of12
August 23, 2010
Citation must be corrected
Appendix A -Shoreline Critical Areas Regulations
A-5.1 Designation of fish and wildlife habitat conservation areas.
A. Fish and wildlife conservation areas include:
12. Critical Fresh and Saltwater Habitat as described in Section 6.7
The ianguage is consistent with Section 6. 7 and is necessary to meet no net loss standards -see
WAC 173-26-186(8.b.)
A-5.3 D. Approvals of Activities. Unless outright prohibited, development within habitat
conservation areas or their buffer areas not otherwise exemptedpermitted in these
regulations shall be by Shoreline Conditional Use Permit. Conditions may be
. established based on professional scientific analysis and may include, but are not
limited to, the following: ·
In discussion with the· City it was agreed that the language as submitted was unintentional. The
wording comes directly from the City's Critical Area Ordinance and "Shoreline" was simply
added to "Conditional Use Permit". The word "exempted" refers to the Land Use Section of the
City's Zoning Code and is not part of the shoreline master program. As submitted, the language
would require a shoreline conditional use permit /qr most if not all over-water and near shore
development which is overly onerous. The City has also stated that the conditional use
requirement is f o be removed from the Critical Area Ordinance in the next update this fall.
' -
A-5.3 G.1. Establishment of Buffers. The cify shall require the establishrnei;it of buffer areas
for activities adjacent to habitat conservation areas on a case by case basis based
on a critical area report when needed to protect habitat conservation areas. Buffers
shall consist of an undisturbed area of native vegetation or areas identified for
restoration established to protect the integrity, functions, and values of the
affected habitat. Required buffer· widths shall reflect the nature of the existing
vegetation, sensitivity of the habitat, and the type and int~nsity of human activity
proposed to be conducted nearby. Habitat conservation areas and their buffers
shall be preserved in perpetuity through the use of native growth protection
easements and critical area tracts. In order to determine the need or extent of a
buffer, critical area reports shall be required for all development in or adjacent to
a habitat conservation area (See also DR-5.6.15). ·
The SMP does not appear to include language that establishes when a buffer analysis is needed
The changes are required in order to meet no net loss standards-see WAC 173-26-186(8.b.).
•·
ATTACHMENT C: SUGGESTED CHANGES
CITY OF ANACORTES' SHORELINE MASTER PROGRAM
COMPREHENSIVE REWRITE
Resolution No. 1796
·Prepared by Robert J. Fritzen on August 23, 2010
Added text is underlined, removed text is~-Ecology's explanatory statements are in italics.
All changes are suggested to add 'clarity or remove ambiguity. As provided in RCW
90.58.090(2)(e)(ii) the city may choose to submit an alternative to all or part of the changes
suggested by Ecology.
3.2 B. Shoreline Variance Process
Process
... The decision.maker shall be as provided in Chapter 18.16the Shoreline Master Program of the
Anacortes Municipal Code.
The City has requested that references to specific Chapter be removed since they will be
reformatting the AMC in the near future.
3.2 C.1. . ... Variance Permits for development that will be located landward of the
ordinary high water mark, including those areas designated by the Department of
Ecology as marshes, bogs, or swamps (wetlands) pursuant to WAC 173-22, may
be authorized provided the applicant can demonstrate all of the following:
"Wetlands" has replaced previous use of the phrase "marshes, bogs, or swamps" in WAC 173-
22.
3 .2 C.2. . .. Variance Permits for devetopment that will be located either waterward of .the
ordinary high water mark (OHWM) or within marshes, bogs, or S'Namps wetlands
as designated in WAC 173-22, ...
"Wetlands" has replaced previous use of the phrase "marshes, bogs, or swamps" in WAC ]73-
22. .
Policy 4. 7.3 Achieve no net loss of shoreline ecological :functions. This shall be accomplished
by the use of Mitigation Sequencing, as de.fined in this master program, and as
provided by WAC 173-26-201(2)(e).
Suggestion added for clarity.
Policy 5.6.2 In aquatic areas adjacent to Urban or Urban Maritime designated shorelines,
permit :water-enjoyment uses in existing over-water structures along the Anacortes
waterfront built prior to Match 1, 2010 or in new structures in the limited
instances where they are auxiliary to and necessary in support of water-dependent
uses. (For purposes of over-water structures the mere presence of pilings would
not meet the definition of an "existing" structure.)
Suggestion added for clarity.
Attachment C
. Page2of5
August 23, 2010
Policy 5.6.6 ... Non-water-dependent commercial uses should not be allowed over water
except in existing or replacement structures or in new structures in the limited
instances where t}:ley are aUx.iliary to and necessary in support of water-dependent . .
uses.
Suggestion added for clarity.
DR-5.9.6 c. . .. Mitigation plan elements, including monitoring and maintenance,_ shall
be included in the plan consistent with mitigation plan requirements outlined in
the City of Anacortes shoreline-specific critical areas regulations (see Appendix A
and Chapter 6). ·
Suggested change for clarity and to make sure all relevant regulations are addressed
DR-5.9.6 Exceptions from the Shoreline Residential setback may be granted ....
ii. conditions (existing uses;:.Qr developments, or topographie
barriers) exist within the site's shoreline setback, which
substantially prevent or impair delivery of most riparian :functions.
Change agreed to by City due to difficulty in defining "topographic barrier".
5.12 B.2. e. When considering allowance of structures to exceed the height limitations, the
Planning Commission, City Council, or Hearing Examiner must consider:
Suggested for consistency elsewhere in the SMP.
Policy 6.3.6 Shoreline-specific ~ritical area provisions promote human uses and values, such
as public access and aesthetic values, provided they do not significantly adversely
impact ecological functions.
Sttgges.ted change for clarity and at the City's request.
DR.:.6.3.5 In addition to th~ requirements for critical areas reports contained in the shoreline-
specific critical areas regulations found in Appendix A, the mitigation plan shall
address the following:
Suggested change for clarity at the City's request.
DR-6.6.1 Developme!).t and uses proposed within shorelines of the state shall meet the
requirements of the·City's.shoreline-specific Critical Areas Regulations as
contained in Appendix A, in addition to the requirements effound elsewhere in
the-#iis Master Program.
Suggested change for clarity at the City's request
Policy 6.6.3 Provide a level of protection to shoreline-specific critical areas that.is equal to or
greater than the level of protection provided by the adopted Anacortes critical
areas regulations. Recognizing this, the City .has incorporated appropriate
portions of its critical areas regulations into this Master Program as Appendix A.
Suggested change for clarity and at the City's request.
6.7 A. This section provides policies and regulations that apply to fish and wildlife
Attachment C
Page3 of5
August 23, 2010
habitat conservation areas, including critical saltwater and freshwater habitats as
defined by WAC l 73-26-221(2)(c)(iii) and (iv). These policies and regulations
apply in addition to the shoreline-specific critical areas protection standards for
fish and wildlife habitat conservation areas found in Appendix A, Section A-5.
Section A-5 of the shoreline-specific Critical Areas Regulations contained in
Appendix A provides protections for critical salt-water habitats that are described
in the "Northern Skagit County Bays and Shoreline Habitat Conservation and
Restoration Blueprint 2005 Update".
Suggested change for clarity and at the City's request.
DR-6. 7.6 ... the City shall require the establishment of buffer areas for activities adjacent to
fish and wildlife habitat conservation areas on a case by case basis when needed
to protect such habitat conservation areas, pursuant to Section A-5.3(G)(l) of the
shoreline-specific CriticaJ Areas.Regulations contained in Appendix A.
Suggested change for clarity and at the City's request.
6.9 C. Applicability: Regulations for Geologically Hazardous Areas are set forth in the
shoreline-specific Critical Areas Regulations contained in Section A-3 of
Appendix A of this Master Program.
Suggested change for clarity and at the City's request.
DR-6.9:1 Applicants proposing development adjacent to a marine bluff shall submit a
geotechnical engineering report, ,prepared in accordance with the requirements of
this Master Program and the shoreline-specific Critical Areas Regulations
contained in Appendix A, when development is proposed within:
Suggested change/or clarity and at the City's request.
DR-6.9.3 a. As may be allowed in the shoreline-specific Critical Areas Regulations under
Subsection A-3.5 of Appendix A of this Master Program.
·Suggested change for clarity and at the City-'s request.
6.10 C. Applicability: In addition to the regulations set forth in the shoreline specific
Critical Areas Regulations contained in Section A-4 of Appendix A of this Master
Program, ...
Suggested change for clarity and at the City's request.
PR-6: 10..1 All development, development proposals and alterations that are located within or
adjacent to shoreline jurisdictional wetlands or their buffers, or that are likely to
significantly impact shoreline jurisdictional wetlands shall prepare a wetland
l'Ulalysis pursuant to Subsection A-4.7 in Appendix A, shoreline-specific Critical
Areas Regulations, of this Master Program.
Suggested change for clarity and at the City's request.
. DR-6.10.3 In either case, the proponent shall provide mitigation to achieve no net loss of ·
Attachment C
Page4 of5
August23, 2010
wetland function or value, according to an approved mitigation:plan prepared
consistent with this Master Program, including Section A-4 of Appendix A,
shoreline-specific Critical Areas Regulations.
Suggested change for clarity and at the City's request.
DR-8.11.12 Developments containing marshes, sv,rrunps, lagoons, or similar wetlands shall use
those areas only in association with parks, open space, or passive recreational .
. facilities. Such use shall be consistent with the shoreline-specific Critical Areas
Regulations found in Appendix A.
Ecology regulations use the term "wetland" to capture all types. Second change at request of
City for clarity.
DR-8.14.3 ·Personal wireless facilities shall comply with the City's "Personal Wireless
Communications Towers and AntennasService Facilities" ordinance codified in
Chapter 17 of the Anacortes Municipal Code. ·
Change suggested to correct ordinance name.
DR-9.5.l b. Fill waterward of the ordinary high water mark or within a marsh, bog or
SWflllll7Wetland to accommodate a dock, pier, or float.
"'Wetlands" has replaced previous use of the phrase "marshes, bogs, or swamps" in WAC 173-
ll .
DR-9.5.1. e. Piers, docks, floats and other overwater structures associated with multi-
family uses serving less than five watercraft.
. The change is suggested by the City in response to a comment.from Futurewise tha.t the shoreline
master progwm would allow for piers, docks, or floats as an accessory use.
DR-9.9.~ Buoys may only be installed after the Administrator issues a Letter of Exemption
or shoreline permit PROVIDED that the buoys meet all applicable requirement~
for a shoreline exemption oi: permit.
The change is suggested by the City in response to a comment from Futurewisi;. that a buoy or ·
group of buoys meets the criteria for exemption.from a substantial development permit.
9.10 A. Shoreline habitat and natural systems enhancement and restoration projects
include those activities proposed and conducted specifically for the purpose of
establishing, restoring, or enhancing habitat for priority species in shorelines.
Mitigation for project impacts is not necessarily included in this section.
General language is suggested by the City in response to the Port of Anacortes' concerns.
Chapter 12 Definitions
Armoring: See pages 55, 121, 122, 149, and 187. ·
Removal suggested since it does not off~r a definition.
Residence ... An appurtenance is necessarily connected to the use and enjoyment of a residence
Atta<;hment C
Page 5of5
August 23, 2010
and is located landward of the perimeter of a wetlandmarsh, bog, or S',vamp, and associated
buffers, and landward of the ordinary high water mark. . ..
Marshes, Bogs, and Swamps are no longer defined in the WAC and have been replaced with the
term "wetland".
Public Use Public use means to be made available daily to the general public on a first-come,
first-served basis, and may not be leased to private parties on any more than a day use basis.
(WAC 332-30-10600
Suggested for clarity.
A-5. L B. All areas within the city having one or more of these characteristics are hereby
designated critical areas and are subject to the provisions of these regulations,
Chapter 18.16 ,i\MC, and this Shoreline Master Program.
The change is suggested by the City in response to a comment.from the Port of Anacortes over
possible confusion of regulatory applicability. ·
A-5.1
c.
Designation of fish and wildlife habitat conservation areas.
Mapping .....
10. NOAA Northwest Region Critical Habitat Mapper or equivalent source:
http://map.streamnet.org/website/CriticalHabitat/viewer.htm
The website presents information consistent with the City's definition of habitat conservation