HomeMy WebLinkAbout6095 Part 2DRAFT Auburn Shoreline Master
Chapter 4. Shoreline Master Program Policies,
Development Standards and Use Regulations
The purpose of this chapter is to:
A. Implement the goals of the Shoreline Master Program Elements and establish
policies _ to be
integrated with the Auburn Comprehensive Plan; and
B. Allow for all reasonable and appropriate uses of the City of Auburn's shorelines
without degradation of environmental quality or risk to public health or safety; and
C. Provide standards that will regulate and promote intensities and qualities of
development consistent with the protection of the shoreline environment and its
related resources and the Shoreline Management Act of 1971.
4.1. Scope.
No development defined in RCW 90.58.030 (3) (d) as a use which consists of
construction or exterior alteration of structures, dredging, drilling, dumping, filling,
removal of any sand, gravel or minerals, driving of piling, placing of obstructions, or any
project of a permanent or temporary nature which interferes with the normal public use
of the surface of the waters overlying lands subject to the Shoreline Management Act of
19711 shall be undertaken except in compliance with the provisions of this chapter and
then only after securing all required permits.
A substantial development permit shall be required for any development of which the
total cost or fair market value exceeds five thousand seven hundred and eighteen
dollars ($5,718899), or the value as amended or adjusted for inflation per RCW
90.58.030 (3) (e), or any development which materially interferes with the normal public
use of the water of the shorelines of the state unless exempt under the Act.
4.2. Applicability.
A. The provisions of this chapter shall apply to all shorelines, shorelands and
associated wetland areas covered by the Shoreline Management Act of 1971 as
follows:
1. All rivers and streams and their associated wetlands downstream from a point
where the mean annual flow is 20 cubic feet per second or greater.
2. All lakes and their associated wetlands which are 20 surface acres in size or
larger.
3. Shorelands and associated uplands extending 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways
and contiguous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with their streams,
lakes, and tidal waters subject to the provisions of Chapter 90.58 RCW.
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B. All new development and uses occurring within shoreline jurisdiction must conform
to Chapter 90.58 RCW, The Shoreline Management Act, Chapters 173-26 and
173-27 of the Washington Administrative Code, and this shoreline master program.
4.3. Interpretation.
A. General.
1. In interpreting and applying the provisions of this chapter, the provisions shall
be held to be minimum requirements, adopted for the promotion of the public
health, safety, and general welfare.
2. When the provisions of this chapter impose greater restrictions than are
imposed by other applicable city, county, regional, state, and federal
regulations, the provisions of this chapter shall control.
3. When a provision of this chapter conflicts with another provision in this
chapter, the more restrictive provision shall apply.
4. Unless the context clearly indicates otherwise, words in the present tense can
include the future tense, and words in the singular can include the plural, or
vice versa.
5. The word "shall" is always mandatory and not discretionary. The words
"should" and "may" are discretionary.
B. Interpretation by the Director.
The authority to administer the provisions of this chapter shall rest with the Director of
Planning, Building and Community or successor department or designee. The Director
shall have the authority to determine that a proposed use is unclassified per the Master
Program (neither prohibited nor included in a particular shoreline environment). VVheFe
the final deteR'iRatien The Director's determination. in these instances may be
appealed according to ACC 18.70.050. Such unclassified uses would be treated as
conditional uses and may be allowed through the conditional use permit (CUP) process
described in WAC 173-27-160.
4.3.1 Adoption of other regulations by reference.
A. The regulations of ACC Chapter 16.10, Critical Areas are herein adopted by
reference and included in Appendix A.
B. The regulations of ACC Chapter 18.56, Signs, and ACC Chapters 18.08 - 18.32,
Density and Dimensions, all contained within Title 18 (Zoning Code) are herein
adopted by reference and included in Appendix B.
C The regulations of ACC Chapter 18 54 Nonconforming Structures, Land and Uses
are herein adopted by referenced and included in Appendix C.
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D. The policies and regulations ACC Chapter 13.48, Storm Drainage, are herein
adopted by reference and included in Appendix D.
s-E. The policies and regulations of ACC Chapter 15.68, Flood Damage are herein
adopted by reference and included in Appendix E.
4.4. General Policies and Regulations
The following general policies and regulations apply to all shorelines of the state that
are located in Auburn, regardless of the specific shoreline environment designation in
any one location.
4.4.2 Conservation and Restoration
Policies
1. Prioritize enhancement and restoration efforts at public parks and public open
space lands
2. Work with owners of other publicly-owned land to encourage restoration and
enhancement projects.
3. Work with the public and other interested parties to prioritize restoration
opportunities identified in the Shoreline Inventory and Characterization Report.
4. Promote vegetation restoration, and the control of invasive weeds and nonnative
species to avoid adverse impacts to hydrology, and to reduce the hazard of slope
failures or accelerated erosion.
5. Integrate bioengineering and/or soft engineering approaches into local and
regional flood control measures, infrastructure, and related capital improvement
projects.
6. Develop a program to implement restoration projects, including funding strategies.
7. Monitor and adaptively manage restoration projects.
8. Continue to work with the State, King County, Pierce County, Watershed Resource
Inventory Area (WRIA) 9 and 10 Forums, the Muckleshoot Tribe, and other
governmental and non-governmental organizations to explore how local
governments (with their assistance) can best address the needs of preserving
ecological processes and shoreline functions.
9. Continue to work with the State, King County, Pierce County, Green River Flood
Control Zone District, and the Inter-County River Improvement Agency to identify
and implement flood management strategies that protect existing development and
restores floodplain and channel migration functions.
10. Continue to work with the WRIA 9 and 10 Forums to restore shoreline habitats and
seasonal ranges that support listed endangered and threatened species, as well as
other anadromous fisheries.
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11. Create incentives that will make it economically or otherwise attractive to integrate
shoreline ecological restoration into development projects.
12. Encourage restoration or enhancement of native riparian vegetation through
incentives and non-regulatory programs.
13. Establish public education materials to provide shoreline landowners technical
assistance about the benefits of native vegetation plantings.
14. Explore opportunities with other educational organizations and agencies to develop
an on-going program of shoreline education for all ages.
15. Identify areas where kiosks and interpretive signs can enhance the educational
experiences of users of the shoreline.
16. Develop strategies to fund shoreline-related educational and interpretative
projects.
4.4.3 Shoreline Vegetation Conservation
Policies
1. Developments and activities in the City's shoreline should be planned and
designed to retain native vegetation or replace shoreline vegetation with native
species to achieve no net loss of the ecological functions and ecosystem-wide
processes performed by vegetation.
2. Woody debris should be left in the river corridors to enhance wildlife habitat and
shoreline ecological functions, except where it threatens personal safety or critical
infrastructure, such as bridge pilings. In such cases where debris poses a threat, it
should be dislodged, but should not be removed from the river.
Regulations
1. During any development activity within the shoreline jurisdiction, native plant
communities located within the shoreline buffer (minimum of 100-feet from OHWM
for Shoreline Residential and Urban Conservancy environments; 200-feet for
Natural environment) shall be protected, maintained, or enhanced `" ith the
stream buff?per the regulations established b? in the Critical Areas Ordinance
and the Master Program. Pursuant to ACC 16.10.090, "Buffer Areas and
Setbacks" buffers that have been previously disturbed shall be re-vegetated
pursuant to an approved enhancement plan.
2 The following uses are allowed within the shoreline buffer only when also allowed
within the applicable shoreline environment designation:
a New public roads and bridges where no feasible alternative location
exists
b Utilities and accessory structures where no feasible alternative location
exists
c Foot trails constructed according to the following criteria:
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i. Designed to minimize impact of permeable materials;
ii. Designed to minimize impact on the shoreline system;
iii. Of a maximum width of twelve (12) feet; and
iv. Located within the outer half of the shoreline buffer, i.e. the portion
of the buffer that is farther away from the stream.
d. Footbridges
e. Education facilities, such as viewing platforms and informational signs
f. Water-oriented uses
g. Replacement or rehabilitation of existing levees
3. Pursuant to ACC 18.50.060, "General landscape requirements", all significant trees
shall be retained and made part of the landscape plan. Pursuant to ACC
18.50.030, "Definitions" significant trees are defined as a healthy evergreen tree,
six inches or more in diameter measured four feet above grade; or a healthy
deciduous tree four inches or more in diameter measured four feet above grade.
The Director may authorize the exclusion of any significant tree which for the
reason of public health safety or reasonable site development is not desirable to
maintain.
4. A critical areas study shall be submitted for review for all proposed development
activity within the shoreline jurisdiction. The purpose of the report is to determine
the extent characteristics and functions of critical areas located on or potentially
affected by proposed activities on site. See ACC Section 16.10.070 "Critical Area
Review Process And Application Requirements" for required report contents.
5. Shoreline buffers shall be protected during construction by placement of a
temporary barricade notice of the presence of the critical area and implementation
of appropriate erosion and sedimentation controls as described in ACC 16.10.090,
"Buffer Areas and Setbacks".
6 As part of a development proposal the Director may require the shoreline buffer to
be placed in a separate tract on which development is prohibited; protected by
execution of an easement dedicated to the City, a conservation organization, or
land trust: or similarly preserved through a permanent protective mechanism
acceptable to the City as described in ACC Section 16.10.090, "Buffer Areas and
Setbacks."
7. Proposed development in the shoreline jurisdiction shall include provision of
landscape information appropriate to identify and remove nonnative and invasive
species and replace with native vegetation to maintain or enhance shoreline
ecological functions on the property. When required by the Director, landscape
plans shall establish a staged vegetation removal and replacement program that
keeps the amount of exposed soil during and after clearing and grading activities to
a minimum. In drier months temporary surface irrigation or temporary installation
of intermediate plantings may be required until weather or seasonal conditions
permit installation of the permanent plantings.
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8 If the area of clearing or grading necessary to remove nonnative or invasive
vegetation totals one-acre or greater (43,560 square feet), located on site, in or
outside of shoreline jurisdiction then water quality and erosion control measures
shall be established through the NPDES Construction Stormwater General Permit
and associated Stormwater Pollution Prevention Plan (SWPPP). If the area of
clearing or gradinq is less than one-acre but includes disturbance of land in
shoreline jurisdiction a Temporary Erosion and Sediment Control (TESC) Plan
shall be required. The TESC Plan shall employ best management practices
(BMPs) consistent with the 2005 Ecology Stormwater Manual for Western
Washington (Volume II Construction Stormwater Pollution Prevention).
3-.9. Should a development create unavoidable ifmpacts adverse to shoreline
vegetation located within+a the shoreline jurisdiction., mitigation shall be required.
Mitigation shall ensure that tshould be mitigated to here will beaGhieve no net loss
in the amount of vegetated area or the ecological functions performed by the
disturbed vegetation. The Director shall rely on the critical areas study required
under regulation #4 to provide a site specific description of the ecological functions
while also relying on the Auburn Inventory and Characterization report as a general
guide Pursuant to Section XXX. "Environmental Impact Mitigation" of the Master
Program and ACC 16.10.120, "Mitigation Standards, Criteria and Plan
Requirements" on-site and in-kind mitigation is preferred. Mitigation plans shall be
completed before initiation of other permitted activities, unless a phased or
concurrent schedule that assures completion prior to occupancy has been
approved by the Director.
4.10. Restoration of any shoreline that has been disturbed or degraded shall use native
plant materials with a diversity and type appropriate for the site. As described in
ACC Section 16.10.120, "Performance Standards for Mitigation Planning", plants
native to the Puget Lowlands or Pacific Northwest ecoregion should be used as
well as plants that are adapted and appropriate for the proposed habitats.
Significant areas of the site should not be planted with species that have
questionable potential for successful establishment. The use of perennial plants is
preferred over annual species. Plant species high in food and cover value for
native fish and wildlife species that are known or likely to use the mitigation site
should be used. Emulate the plant species heterogeneity and structural diversity
found in native plant communities as described in regionally recognized
publications on native landscapes.
&.11.Aquatic weed control shall only occur when native plant communities and
associated habitats are threatened or when an existing water-dependent use is
restricted by the presence of weeds.
12. For lawns and other vegetation maintained within shoreline jurisdiction, the use of Form
chemical fertilizers pesticides or other similar chemical treatments shall be
discouraged and alternative practices shall be employed. Where chemical
fertilizer, herbicide or pesticide use is necessary for protecting existing natural
vegetation or establishing new vegetation in shoreline areas as part of an erosion
control or mitigation plan the use of time release fertilizer and herbicides shall be
preferred over liquid or concentrate application As described in ACC 16.10.120,
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"Performance Standards for Mitigation Planning", fertilizers must be applied per
manufacturer specifications to planting holes in organic or controlled release forms,
and never broadcast on the ground surface. If herbicides are used, only those
approved for use in aquatic ecosystems by the Washington Department of Ecology
shall be used. Herbicides shall only be used in conformance with all applicable
laws and regulations and be applied per manufacturer specifications by an
applicator licensed in the state of Washington.
4.4.4 Environmental Impact Mitigation
Policies
1. All shoreline use and development should be carried out in a manner that avoids
and minimizes adverse impacts so that the resulting ecological condition does not
become worse than the current condition. This means assuring no net loss of
ecological functions and processes and protecting critical areas designated in
Auburn City Code Chapter 16.10 that are located in the shoreline. Should a
proposed use and development potentially create significant adverse
environmental impacts not otherwise avoided or mitigated by compliance with the
master program the Director should require mitigation measures to ensure no net
loss of shoreline ecological functions.
developments On the ShOFeline should anal, %Fnental iMPaGtS Of the
Regulations
To the extent Washington's State Environmental Policy Act of 1971 (SEPA),
chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from
proposed shoreline uses or developments shall be conducted consistent with the
rules implementing SEPA (ACC 16.06 and WAC 197-11).
2. Where required, mitigation measures shall be applied in the following sequence of
steps listed in order of 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;
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e. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
3. In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority
measures are determined to be infeasible or inapplicable.
4. Required mitigation shall not be in excess of that necessary to assure that
proposed uses or development will result in no net loss of shoreline ecological
functions.
5. 5. Mitigation actions shall not have a significant adverse impact on other
shoreline functions fostered by the policies of the Shoreline Management Act.
6. -6 -.When compensatory measures are appropriate pursuant to the priority of
mitigation sequencing above, preferential consideration shall be given to measures
that replace the impacted functions directly and in the immediate vicinity of the
impact. However, alternative compensatory mitigation within the watershed that
addresses limiting factors or identified critical needs for shoreline resource
conservation based on watershed or comprehensive resource management plans
applicable to the area of impact may be authorized. Authorization of compensatory
mitigation measures may require appropriate safeguards, terms or conditions as
necessary to ensure no net loss of ecological functions. ACC Section 16.10.110,
"Mitigation Standards Criteria And Plan Requirements," establishes regulations on
location and timing of mitigation On-site and in-kind mitigation are preferred.
7 A monitoring program shall be prepared and implemented by the applicant for
mitigation projects The monitoring program shall include a contingency plan in the
event that implementation of the mitigation plan is inadequate or fails. A
performance and maintenance security is required in the amount of one hundred
and twenty-five percent of the cost of the mitigation project for the length of the
monitoring period This is to ensure the applicant complies with the terms of the
approved mitigation plan See ACC 16.10.130, "Monitoring Program and
Contingency Plan" for specific elements that need to be incorporated into the
monitoring program.
4.4.5 Critical Areas
Policies
Provide a level of protection to critical areas within the shoreline that is at least
equal to that which is provided by the City's critical areas regulations adopted
pursuant to the Growth Management Act and the City's Comprehensive Plan. If
conflicts between the SMP and the critical area regulations arise, the regulations
that are most consistent with the SMA or its WAC provisions will govern.
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2. Allow activities in critical areas that protect and, where possible, restore the
ecological functions and ecosystem-wide processes of the City's shoreline.
3. Preserve, protect, restore and/or mitigate wetlands within and associated with the
City's shorelines to achieve no net loss of wetland area and wetland functions.
4. Developments in shoreline areas that are identified as geologically hazardous or
pose a foreseeable risk to people and improvements during the life of the
development should not be allowed.
Regulations
1. All standards in the City of Auburn Critical Areas Ordinance (ACC 16.10) shall
apply within the shoreline jurisdiction where designated critical areas are present.
If there are any conflicts or unclear distinctions between the Shoreline Master
Program and the Auburn Critical Areas Regulations, the , OSt F86#iGtive
renireme its shall a. plythe requirements that are the most consistent with the
SMA or its WAC provisions shall apply.
2. All shoreline uses and activities shall be located, designed, constructed and
managed to protect and/or enhance the ecological functions and ecosystem-wide
processes provided by critical areas including, but not limited to: Wetlands,
Streams, Wildlife Habitat, Groundwater Protection Areas, Geologic Hazard Areas,
and Flood Hazard Areas as defined and designated by the Critical Areas
Ordinance; and Critical Freshwater Habitats as defined by the Shoreline Master
Program.
4.4.6 Critical Area Regulations Table
The following table provides a summary of standards per ACC 16.10 "Critical Areas."
The table is only meant to serve as a reference; ACC 16.10 (included as Appendix A)
should be consulted directly to determine the full extent of the regulation. Per ACC
16.10 the Green River and White River are considered Class I Streams. Other
designated critical areas that may be located within shoreline jurisdiction include
wetlands wildlife habitat areas, and geologic hazard areas.
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Table 1. Critical Area Regulations
Minimum Buffer Maximum Buffer How to Measure Buffer Buffer Averagin
g
Critical Area -
Width Width Buffer Width Composition
100 feet (Urban Buffer width may
Conservancy and be increased b
the The buffer shall be
lass 1 Streams Shoreline
R
id
ti
l) y
Director by up to a measured from the Buffers shall typically Not permitted
en
a
es i
f 50% h water
ordinar
hi
max
mum o y
g consist of an
pursuant to ACC mark. undisturbed area of
l
N 16.10.090 (E)(2)(b) native vegetation
atura
)
200 feet (
retained or
established to Buffer width
Wetlands achieve the purpose averaging may be
of the buffer. No allowed provided the
buildings or total area contained
structures shall be within the buffer after
Category 1 100 feet 200 feet allowed within the averaging is no less in
The buffer shall be buffer unless as area than contained
measured otherwise permitted within the standard
perpendicular from the by ACC 16.10 or the buffer prior to
wetland edge as Master Program. If averaging, where
Category II 50 feet 100 feet delineated and marked the site has such reduction shall
in the field using the previously been not result in greater
1997 Washington State disturbed, the buffer than a 35 percent
Wetlands Identification area shall be reduction in the buffer
Category III 25 feet 50 feet Manual. revegetated pursuant width and the
to an approved applicant
demonstrates
enhancement plan.
compliance with ACC
16.10.090 (E)(1)(a)
Category IV 25 feet 30 feet Buffer Areas and
Setbacks.
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Minimum Buffer Maximum Buffer How to Measure Buffer in
ra
B
ff
A
Critical Area a
g
u
er
ve
Width Width Buffer Width Composition
Buffer widths shall be
determined by the Buffers shall typically
director based on the consist of an
following factors:
• species
recommendations of undisturbed area of
native vegetation
retained or
Buffer widths for
critical habitat areas
the Department of established to may be modified by
Wildlife Habitat
Areas Fish and Wildlife;
• recommendations N/A
- N/A achieve the purpose
of the buffer. No averaging buffer
widths or by
contained in the
wildlife report and the buildings or
structures shall be enhancing or
restorinq buffer
nature and intensity
of land uses and
activities occurring on allowed within the
buffer unless as
otherwise permitted quality,
the site and on by ACC 16.10 or the
adjacent sites. Master Program. If
Required buffers may the site has
previously been
vary in width. The disturbed, the buffer
widths of the buffer area shall be
shall reflect the Geologic hazard area revegetated pursuant
Geologic Hazard sensitivity of the
N/A buffers shall be
r
d from the to to an approved
Not permitted
geologic hazard area p
e
measu enhancement plan.
Areas in question and the and toe and along the
types and density of
uses proposed on or sides of the slope.
adjacent to the
geologic hazard.
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4.4.7 Public Access (including views)
Policies
Public access improvements should not result in adverse impacts to the natural
character and quality of the shoreline and associated wetlands or result in a net
loss of shoreline ecological functions. Developments and activities within the
shoreline should not impair or detract from the public's visual or physical access to
the water.
2. Protection and enhancement of the public's physical and visual access to
shorelines should be encouraged.
3. The amount and diversity of public access to shorelines should be increased
consistent with the natural shoreline character, property rights, and public safety.
4. Publicly owned shorelines should be limited to water-dependent or public
recreation uses, otherwise such shorelines should remain protected, undeveloped
open space.
5. Public access should be designed to provide for public safety. Public access
facilities should provide auxiliary facilities, such as parking and sanitation facilities,
when appropriate, and should be designed to be ADA accessible.
Regulations
All shoreline permits shall include provisions to 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;
b. Where a development or use will interfere with an existing public access way;
c. Where a use is not a priority use under the Act; or,
d. Where a use or development will interfere with the public use of the lands or
waters subject to the public trust doctrine.
2. An applicant need not provide public access where one or more of the following
conditions apply:
a. The City of Auburn provides more effective public access through preparation
and adoption of a public access planning process and plan as described in
WAC 173-26-221(4)(c);
b. Unavoidable health or safety hazards to the public exists which cannot be
prevented by practical means;
C. Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions;
d. The cost of providing the access or easement is unreasonably
disproportionate to the long-term cost of the proposed development;
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e. Environmental harm will result from the public access that cannot be
mitigated; or,
f. Adverse and unavoidable conflict between access requirements and the
proposed use cannot be mitigated.
3. Public access shall be designed to respect private properties.
4. Development uses and activities shall be designed and operated to avoid blocking,
obstructing, reducing or adversely interfering with the public's physical and visual
access to the water and shorelines.
5. Development on the water shall be constructed of non-reflective materials that are
compatible in terms of color and texture with the surrounding area.
6. Public access locations shall be clearly marked with visible signage.
7. Public access provided by shoreline street ends, public utilities, and rights-of-way
shall not be diminished (RCW 36.87.130).
8. Shoreline development by any public entities, including the City of Auburn, port
districts, state agencies, and public utility districts, shall include public access
measures as part of each development project, unless such access is shown to be
incompatible due to reasons of safety, security, impact to the shoreline
environment or other provisions listed in WAC 173-26-221(4)(d).
4.4.8 Flood Hazard Reduction
Policies
1. The City should manage flood protection through the City's Comprehensive
Drainage Plan, Comprehensive Plan, stormwater regulations, and flood hazard
areas regulations.
2. Discourage development within the floodplains associated with the City's
shorelines that would individually or cumulatively result in an increase to the risk of
flood damage.
3. Non-structural flood hazard reduction measures should be given preference over
structural measures. Structural flood hazard reduction measures should be
avoided whenever possible. When necessary, they should be accomplished in a
manner that assures no net loss of ecological functions and ecosystem-wide
processes. Non-structural measures include setbacks, land use controls prohibiting
or limiting development in areas that are historically flooded, stormwater
management plans, or bioengineering measures.
4. Where possible, public access should be integrated into publicly financed flood
control and management facilities.
Regulations
No permanent non-water dependent structures or uses shall be placed in the
floodway zone. Bank protection associated with bridge construction and
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maintenance may be permitted and shall conform to provisions of the State
Hydraulics Code (RCW 77.55).
2. Normal maintenance and repair of existing flood control structures, such as levees
and dikes, to a state comparable to its original condition, shall be allowed per WAC
173-27-040(2) (b).
3. Rehabilitation or replacement of existing flood control structures, such as levees
and dikes, whose primary purpose is to contain the 1-percent annual chance flood
event, shall be allowed where it can be demonstrated by an engineering analysis
that the existing structure:
a. Does not provide an appropriate level of protection for surrounding lands;
or
b. Does not meet appropriate engineering design standards for stability (e.g.,
oversteepened side slopes for existing soil and/or flow conditions).
Rehabilitated or replaced structures shall maintain equal or lesser side slope
angles to existing conditions, and shall not extend the toe of slope laterally into the
channel.
4. New structural flood hazard reduction measures shall be allowed only under the
following circumstances:
a. When it can be demonstrated by a scientific and engineering analysis that
they are necessary to protect existing development;
b. That non-structural measures are not feasible;
c. That impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss; and
d. That appropriate vegetation restoration and conservation actions are
undertaken consistent with regulations under Section XXX "Shoreline
Vegetation Conservation" of the Master Program and ACC 16.10, "Critical
Areas" WAr 172 26 221(5).
5. Permanent structures placed within the 100-year floodplain shall be designed and
constructed in accordance with the requirements of ACC 15.68, "Flood Hazard
Areas".
6. New structural flood hazard reduction measures, such as dikes, levees, berms and
similar flood control structures shall be placed landward of the floodway as
determined by the U.S. Army Corps of Engineers and the State of Washington,
Department of Ecology.
7. New structural flood hazard reduction measures, such as dikes, levees, berms
shall be placed landward of associated wetlands, and designated vegetation
conservation areas, except when the project includes increasing ecological
functions as part of the design or as mitigation for impacts.
8. Dikes, levees, berms and similar flood control structures shall be shaped and
planted with vegetation suitable for wildlife habitat.
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9. New structural public flood hazard reduction measures, such as dikes and levees
shall dedicate and provide or improve public access unless public access
improvements would cause unavoidable health or safety hazards to the public,
inherent and unavoidable security problems, significant ecological impacts that
cannot be mitigated, unavoidable conflict with the proposed use, or a cost that is
disproportionate and unreasonable to the total long-term cost of the development.
10. Removal of gravel from the river channel for flood management purposes is
prohibited.
4.4.9 Water Quality, Storm water and Non-Point Pollution
Policies
The City should prevent impacts to water quality and storm water quantity that
would result in a net loss of shoreline ecological functions, or a significant impact to
aesthetic qualities, or recreational opportunities.
2. Storm water management treatment, conveyance, or discharge facilities should be
discouraged in the shoreline jurisdiction, unless no other feasible alternative is
available.
3. Low impact development techniques that allow for greater amount of storm water
to infiltrate into the soil should be encouraged to reduce storm water run-off.
4. Encourage conservation of existing shoreline vegetation which provides water
quality protection by slowing and filtering stormwater runoff.
Regulations
Shoreline development and use shall incorporate measures to protect and
maintain surface and ground water quantity and quality in accordance with all
applicable laws. Appropriate vegetation restoration and conservation actions shall
be undertaken consistent with regulations under Section XXX, "Shoreline
Vegetation Conservation" and ACC 16.10, "Critical Areas".
2. Development within the City's shoreline shall conform to all requirements in the
City's Comprehensive Drainage Plan and stormwater standards, Comprehensive
Plan, and Flood Hazard Areas regulations.
3. The construction of new outfalls into water bodies and improvements to existing
facilities shall comply with all appropriate Federal, State, and City regulations for
water quality.
4. Water discharged to rivers shall receive appropriate treatment as determined by
the Department of Ecology and shall not present a thermal or other barrier to fish
migration.
4-15 Draft
DRAFT Auburn Shoreline Master Program
4.4.10 Educational and Archeological Areas and Historic Sites
Policies
Where possible, Educational and Archeological Areas and Historic sites in the
shoreline should be permanently preserved for scientific study, education, and
public observation.
2. Consideration should be given to the National Historic Preservation Act of 1966
and Chapter 43.51 RCW to provide for the protection, rehabilitation, restoration
and reconstruction of districts, sites, buildings, structures and objects located or
associated with the shoreline that are significant in American, Washington and
local history, architecture, archeology or culture.
3. Where feasible and appropriate, access trails to shorelines should incorporate
access to or educational signage acknowledging protected, historical, cultural and
archeological sites or areas in the shoreline.
Regulations
1. If any archeological artifacts are uncovered during excavations in the shoreline,
work must stop and the City of Auburn, the State Department of Archeology and
Historic Preservation and the Muckleshoot Indian Tribe must be notified.
2. Permits issued in areas known or highly suspected to contain archeological
artifacts and data shall have provisions providing for a site inspection and
evaluation by an archeologist prior to initiation of disturbance and for monitoring of
potentially disruptive activities. Cost for inspection and evaluation of the site will be
the responsibility of the developer. This condition shall require the approval by the
Director before work can begin or resume on a project. Significant archeological
data or artifacts shall be recovered before work resumes or begins on a project.
4.4.11 Nonconforming Use and Development Standards
Policies
Legally established uses and developments that predate the City's Shoreline
Master Program (1973, as amended) should be allowed to continue as legal
nonconforming uses provided that future development or redevelopment does not
increase the degree of nonconformity with this program.
Regulations
44Nonconforming use or developments located in the shoreline are subject to the
provisions of the Auburn Zoning Code for nonconforming structures, land, and
uses (ACC 18.54) and, if applicable, the provisions of the Critical Areas Ordinance
(ACC 16.10.040.E). -
Draft 4-16
DRAFT Auburn Shoreline Master
2. Structures that were legally established and are used for a conforming use but
which are nonconforming with regard to setbacks, buffers or yards; area; bulk;
height or density may be maintained and repaired and may be enlarged or
expanded provided that said enlargement does not increase the extent of
nonconformity by further encroaching upon or extending into areas where
construction or use would not be allowed for new development or uses.
3. Uses and developments that were legally established and are nonconforming with
regard to the use regulations of the master program may continue as legal
nonconforming uses. Such uses shall not be enlarged or expanded, except that
nonconforming single-family residences that are located landward of the ordinary
high water mark may be enlarged or expanded in conformance with applicable
bulk and dimensional standards by the addition of space to the main structure or
by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g)
upon approval of a Shoreline Conditional Use Permit.
4. A use which is listed as a conditional use, but which existed prior to adoption of the
master program or any relevant amendment and for which a Shoreline Conditional
Use Permit has not been obtained shall be considered a nonconforming use.
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.
6. A structure which is being or has been used for a nonconforming use may be used
for a different nonconforming use only upon the approval of a Shoreline
Conditional Use Permit. A Shoreline Conditional Use Permit may be approved only
upon a finding that:
a. No reasonable alternative conforming use is practical; aRd
b. The proposed use will be at least as consistent with the policies and
provisions of the Shoreline Master Program and as compatible with the uses
in the area as the preexisting use;..- and
c Meets WAC 173-27-160 conditional use permit review criteria.
mod. In addition, such conditions may be attached to the permit as are deemed
necessary to assure compliance with the above findings, the requirements of
the master program the Shoreline Management Act and to assure that the
use will not become a nuisance or a hazard.
7. A nonconforming structure which is moved any distance must be brought into
conformance with the Shoreline Master Program.
8. If a nonconforming development is damaged to an extent not exceeding seventy-
five percent of the replacement cost of the original development, it may be
reconstructed to those configurations existing immediately prior to the time the
development was damaged, provided that application is made for the permits
necessary to restore the development within six months of the date the damage
occurred, all permits are obtained and the restoration is completed within two
years of permit issuance.
4-17 Draft
DRAFT Auburn Shoreline Master
9. If a nonconforming use is discontinued for twelve consecutive months or for twelve
months during any two-year period, the nonconforming rights shall expire and any
subsequent use shall be made conforming. A use authorized pursuant to
subsection (6) of this section shall be considered an allowed non-conforming use
for purposes of this section.
10. An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established in accordance with local and state
subdivision requirements prior to the effective date of the Act or the applicable
master program but which does not conform to the present lot size standards may
be developed if permitted by other land use regulations of the local government
and so long as such development conforms to all other requirements of the
applicable master program and the Shoreline Management Act.
4.5. Permitted Use Table
The following table illustrates which shoreline modifications and shoreline uses are
allowed or prohibited in each shoreline environment.
P = Permitted - Permitted uses may require Shoreline Substantial Development Permits and
any other permits required by the Auburn Municipal Code and/or other regulatory agencies.
C = Conditional Use - Conditional uses require Shoreline Conditional Use Permit and may
require other permits required by the Auburn Municipal Code and/or other regulatory
agencies.
X = Prohibited
Draft 4-98
DRAFT Auburn Shoreline Master
Table 2. Permitted Use
Shoreline Environment Designations
Shoreline Modification or
Use Natural Urban Conservancy Shoreline Residential
Minimum Setbacks from 200-feet 100-feet 100-feet
OHWM
Dredging and Dredge Material P: For maintaining location, P: For maintaining location, P: For maintaining location,
Disposal depth, and width depth, and width previously depth, and width previously
previously authorized authorized under this authorized under this program.
under this program. program. C: For habitat maintenance and
C: For habitat maintenance C: For habitat maintenance and improvement and flood
and improvement and improvement and flood protection in consultation with
flood protection in protection in consultation the WDFW.
consultation with the with the WDFW. X: All other dredging activities.
WDFW. X: All other dredging activities.
X: All other dredging and
disposal.
Piers and Docks X X X
Structural flood hazard C: Replacement or
reduction (dikes and levees) rehabilitation of existing P: Replacement or rehabilitation P: Replacement or rehabilitation
levees or dikes of existing levees of existing levees
X: New levees or dikes X: New levees or dikes X: New levees or dikes
Shoreline Stabilization
(Bulkheads and X P: If accessory to single-family P: If accessory to single-family
Revetments) residence. residence.
C: If not accessory to a single- C: If not accessory to a single-
family residence. family residence.
4-19 Draft
DRAFT Auburn Shoreline Master
Shoreline Modification or Shoreline Environment Designations
Use Natural Urban Conservancy Shoreline Residential
Clearing and Grading P: If associated with allowed P: If associated with allowed P: If associated with allowed
shoreline development. shoreline development. shoreline development.
Fill C: For activities associated P: Fills at or above the OHWM P: Fills at or above the OHWM or
with habitat restoration. or the natural bank, the natural bank, whichever is
X: All other fills. whichever is less if less if associated with allowed
associated with allowed shoreline development.
shoreline development. C: Fills for water dependent uses
C: Fills for water dependent only, extending waterward of
uses only, extending OHWM.
waterward of OHWM.
Shoreline Habitat and Natural P P P
Systems Enhancement
Projects
Boat Launching Ramps X P: Open to the public otherwise P: Open to the public otherwise
prohibited prohibited
Commercial Development X C C
Fishery Resources C: Fish hatcheries and C X
associated facilities
X
In-stream Structures C: Fish Hatcheries and C C
associated facilities
X
Mining X: New or expanded mining X: New or expanded mining X: New or expanded mining
C: Existing mining and related
activities
Draft 4-20
DRAFT Auburn Shoreline Master
Shoreline Environment Designations
Shoreline Modification or
Use Natural Urban Conservancy Shoreline Residential
Recreation P: Unpaved bridle, bicycling P: Paved and unpaved P: Paved and unpaved
and hiking trails, including bridle/bicycling/ walking bridle/bicycling/walking trails,
over water pedestrian trails, interpretive interpretive viewpoints,
bridges; viewpoints, viewpoints, pedestrian pedestrian boardwalks,
including interpretative boardwalks and piers, pedestrian bridges, over water
viewpoints; fishing access pedestrian bridges, over C: Non-water related accessory
areas not requiring water, water-enjoyment uses and water-enjoyment
structural facilities; and uses, golf courses, and uses
pedestrian boardwalk incidental retail activity in X: Golf courses, incidental retail
X: Golf courses; ORV trails conjunction with a public activity associated with a
and areas; resorts; high access pier. recreational use, walk in
intensity parks; walk-in C: Non-water related uses. campgrounds, resorts, and off
campgrounds. X: Walk in campgrounds, road vehicles (ORV) trails.
resorts, off road vehicles
(ORV) trails
Residential Developments X P: Uses commonly accessory P: New a single-family residence;
to single family residences residential subdivisions; and
C: New single-family residence; uses accessory to single
residential subdivisions; family residences
multi-family residential C: Multifamily development
development
Signs P: Warning signs, P P
navigational signs, and
informational signs
X: Commercial signs
Permanent Solid Waste x X X
Storage or Transfer Facilities
Transportation Facilities P P P
4-21 urarr
DRAFT Auburn Shoreline Master
Shoreline Modification or
Use
(Roads and Bridges)
Transportation Facilities
(Railroads)
Utilities
Natural
X
C: Underground linear utility
facilities and primary
conveyance facilities
(pump stations and
pipelines), but only when
unavoidably necessary to
cross a body of water;
Storm drain outfalls
X: Site-specific utility facilities
(i.e. sewage treatment
plant, water reclamation,
electrical substations);
Linear utility facilities
except as listed above
Shoreline Environment Designations
Urban Conservancy
C: Relocation of existing tracks
landward of an existing right-
of-way with no expansion in
the number of tracks or
expansion of railroads within
the existing right-of-way
X: Expansion of existing
railroad into new right of way
and new railroads
P: Pedestrian overpasses and
underpasses
Shoreline Residential
P: Pedestrian overpasses and
underpasses
C: Relocation of existing tracks
landward of an existing right-
of-way with no expansion in
the number of tracks or
expansion of railroads within
the existing right-of-way
X: Expansion of existing railroad
into new right of way and new
railroads
P: Storm drain outfalls; primary
conveyance and distribution
facilities such as pipes and
pump stations; accessory
utility facilities to serve
allowed development
C: Primary utilities such as
transmission facilities;
reclaimed water facilities;
potable water production;
wastewater treatment plant,;
and storm water storage or
treatment ponds.
X : Reclaimed water
discharge/application
facilities.
P: Storm drain outfalls; primary
conveyance and distribution
facilities such as pipes and
pump stations; accessory
utility facilities to serve allowed
development
C: Primary utilities such as
transmission facilities and
storm water storage and
treatment ponds
X: Wastewater treatment plants;
reclaimed water facilities;
potable water production
facilities
Draft 4-22
DRAFT Auburn Shoreline Master
Shoreline Environment Designations
Shoreline Modification or
Use Natural Urban Conservancy Shoreline Residential
Unclassified Uses C C C
4-23 Draft
DRAFT Auburn Shoreline Master
4.6. Shoreline Modification
Shoreline modifications are generally related to construction of a physical element such
as a levee, bulkhead, or pier at or near the river's edge or extending into the channel.
Other shoreline modification actions include dredging, filling, or vegetation clearing in
the shoreline jurisdiction. Modifications are usually undertaken in support of or in
preparation for an allowed shoreline use or development.
4.6.12 Dredging and Dredge Material Disposal
Policies
1. Dredging and dredge material disposal should be done in manner, which avoids or
minimizes significant ecological impacts. Where impacts cannot be avoided,
mitigation measure are required that result in no net loss of shoreline ecological
functions.
2. Dredge spoil disposal in water bodies, on shorelands, or wetlands within a river's
channel migration zone should be discouraged, except as needed for habitat
improvement.
3. New development shall be sited and designed to avoid or, if that is not possible, to
minimize the need for new and maintenance dredging.
Regulations
Dredging of bottom materials for the sole purpose of obtaining fill material or
aggregate resources is prohibited, except when the material is necessary for the
restoration of ecological functions. When allowed, the site where the fill is to be
placed must be located waterward of the ordinary high-water mark. The project
must be either associated with a MTCA or CERCLA habitat restoration project or, if
approved through a shoreline conditional use permit, any other significant habitat
enhancement project.
2. Maintenance dredging of established navigation channels and basins shall be
restricted to maintaining location, depth, and width previously authorized under this
program.
3. Material dredged in conformance with state and federal water quality standards
may be used in permitted fill projects.
4. Returned water from any dredge material disposed of on land shall meet all
applicable water quality standards and regulations. If necessary, disposal sites
shall be protected by berms and outlets to remove suspended solids and to ensure
that the quality of return water meets state Department of Ecology standards.
5. When dredging is permitted, the dredging shall be the minimum necessary to
accommodate the proposed use or activity.
6. Disposal of dredged materials in water areas shall only be permitted in an
approved disposal site for habitat improvement, to correct material distribution
problems affecting fish resources, where depositing materials on land w9uld be
Draft 4-24
DRAFT Auburn Shoreline Master Program
would be more detrimental to shoreline resources than water deposition, or as fill in
conjunction with an environmental remediation project.
7. Disposal of dredge material on shorelands or wetlands within a river's channel
migration zones shall be prohibited. Proposals for the disposal of dredged
materials in shoreline jurisdiction shall require a conditional use permit and must
show that the site will be suitable for uses permitted for that shoreline environment.
4.6.13 Piers and Docks
Policies
The City should discourage the construction of new piers, docks, or floats in the
shoreline jurisdiction along the Green and White Rivers.
Regulations
1. Construction of new piers, docks, or floats or expansion of existing piers, docks, or
floats shall be prohibited except as necessary for habitat monitoring or
improvement projects.
2. Maintenance of existing legally established piers, docks, and floats shall be
allowed provided that maintenance activities do not adversely impact shoreline
ecological functions.
4.6.14 Shoreline Stabilization (bulkheads and revetments)
Policies
Shoreline stabilization activities that may necessitate new or increased shoreline
stabilization on the same or other affected properties where there has been no
previous need for stabilization should be discouraged
2. New shoreline uses and development sheuld _be located away from the shoreline
in order to preclude the need for new shoreline stabilization structures.
3. Structural or "hard" shoreline stabilization techniques and structures should be
allowed only after it is demonstrated that non-structural or "soft" shoreline
protection measures are not feasible.
4. The cumulative effect of allowing bulkheads or revetments along river segments
should be evaluated. If it is determined that the cumulative effects of bulkheads or
revetments would have an adverse effect on shoreline functions or processes, then
permits should not be granted.
5. Bulkheads should not be permitted as a solution to geo-physical problems such as
mass slope failure, sloughing, or land slides. Bulkheads and revetments should
only be approved for the purposes of protecting existing developments by
preventing bank erosion by the rivers.
4-25 Draft
DRAFT Auburn Shoreline Master Program
Regulations
1. Bulkheads or revetments shall be designed, constructed and maintained in a
manner that does not degrade ecological function including fish habitat, and shall
conform to the requirements of the Washington State Department of Fish and
Wildlife criteria and guidelines.
2. Proponents of new or replaced hard bulkheads must demonstrate that "soft"
shoreline protection measures or bioengineering erosion control designs will not
provide adequate upland protection of existing structures or would pose a threat or
risk to adjacent property.
3. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and
wildlife or on the property of others caused by his construction and shall propose to
the City actions to minimize such effects.
4. A person who has received approval to construct a bulkhead in keeping with these
regulations may be required to grant adjacent property owners the privilege to tie in
and meet with a bulkhead when they have an approved permit.
5. When a bulkhead is required at a public access site, provision for safe access to
the water shall be incorporated in the design whenever possible.
6. Replacement of lawfully established, existing bulkheads or revetments shall be
allowed, subject to the following priority system:
a. First priority. The first priority for replacement of bulkheads or revetments
shall be landward of the existing bulkhead.
b. Second Priority. The second priority for replacement of existing bulkheads or
revetments shall be to replace in place (at the bulkhead's existing location).
c. Third Priority. The third and last priority for replacement of existing bulkheads
shall be a one time replacement no greater than three feet waterward of the
existing bulkhead. Under this third priority, documentation must be provided
that habitat will not be adversely impacted and habitat friendly materials shall
be used. The property owner shall also demonstrate that removing the
existing structure would either
i. Cause irreversible environmental damages, or
ii. Undermine and damage the residential structure on the property.
7. When evaluating a proposal against the above priority system, at a minimum the
following criteria shall be considered:
a. Existing topography;
b. Existing development;
C. Location of abutting bulkheads; and,
d. Impact to habitat.
Draft 4-26
DRAFT Auburn Shoreline Master
8. Repair and maintenance shall maintain the aesthetic integrity of the existing
structure.
9. Bulkheads or revetments shall be constructed of suitable materials that will serve
to accomplish the desired end with maximum preservation of natural
characteristics. Automobile bodies, other junk, solid waste or other materials with
the potential for water quality degradation shall not be used. Design and
construction methods shall consider aesthetics and habitat protection.
10. New or enlarged structural shoreline stabilization measures for an existing
development or residences shall not be allowed unless there is conclusive
evidence documented by a geotechnical analysis, that the structure is in danger
from shoreline erosion. The geotechnical report must include estimates of erosion
rates and damage within three years and must evaluate on-site drainage issues
and address drainage problems away from the shoreline edge before considering
structural shoreline stabilization. The project design and analysis must also
evaluate vegetation enhancement as a means of reducing erosion and promoting
bank stability.
erdiRaFy high wateF mark (GHVVM). Bulkheads may also be W-atewgar4l ef
4&11. An existing shoreline stabilization structure shall not be replaced with a similar
structure unless there is need to protect primary structures from erosion caused by
currents tidal action or waves. At the discretion of the City Engineer, the
demonstration of need does not necessarily require a geotechnical report by a
licensed geotechnical engineer or related licensed professional. The replacement
structure shall be designed located sized, and constructed to minimize harm to
ecological functions. Replacement walls or bulkheads shall not encroach
waterward of the OHWM or existing structures unless the residence was occupied
prior to January 1 1992, and there are overriding safety or environmental
concerns. In such cases the replacement structure shall abut the existing
shoreline stabilization structure. Soft shoreline stabilization that restores ecological
functions may be permitted waterward of the OHWM.
44.12. Bank protection material shall be placed on/from the bank. Dumping of bank
protection material directly from a truck bed onto the bank face is prohibited.
413. Bank protection material shall be clean and shall be of a sufficient size to prevent
its being washed away by high water.
4.3-14. When riprap is washed out and presents a hazard to the safety of recreational
users, it shall be removed by the owner of such material.
44.15. Whenever feasible, Ttrees and vegetation shading streams and rivers shall be
retained or replaRted when riprap is placed.
4-27 Draft
DRAFT Auburn Shoreline Master
4.6.15 Clearing and Grading
Policies
1. Clearing and grading activities should only be allowed in association with a
permitted shoreline development.
2. Clearing and grading activities shall be limited to the minimum necessary for the
intended development, including residential development.
Regulations
Clearing and grading activities shall only be allowed in association with an allowed
(permitted) shoreline development.
Clearing and grading activities shall be limited to the minimum necessary for the
intended development, including any clearing and grading approved as part a
landscape plan.
2. If the area of clearing or grading totals one-acre or greater (43,560 square feet),
located on site, in or outside of shoreline jurisdiction, then water quality and
erosion control measures shall be established through the NPDES Construction
Stormwater General Permit and associated Stormwater Pollution Prevention Plan
(SWPPP). If the area of clearing or grading is less than one-acre, but includes
disturbance in shoreline jurisdiction, a Temporary Erosion and Sediment Control
(TESC) Plan shall be required. The TESC Plan shall employ best management
practices (BMPs) consistent with the 2005 Ecology Stormwater Manual for
Western Washington (Volume II, Construction Stormwater Pollution Prevention).
3. Clearing and grading activities shall adhere to a prepared schedule and mitigation
plan as approved by the Director. This schedule and mitigation plan shall include,
but not be limited to, limits of clearing and grading activities and the design,
implementation, maintenance, and monitoring of mitigation requirements to prevent
erosion, siltation, and destruction of vegetation.
4. All grading shall be completed or stabilized by October 31St of each year unless the
applicant provides technical analysis that demonstrates to the satisfaction of the
Director that no harm to the shoreline environment or safety problems would result
from grading between October 31St and April 1St
3-.5. Clearing invasive non-native shoreline vegetation listed on the King County
Noxious Weed List is permitted in the shoreline, provided hand held equipment is
used and native vegetation is promptly reestablished in the disturbed area.
Draft 4-28
DRAFT Auburn Shoreline Master
innli de
b ut aFe Rot limited to dikes bermo Gatn eRdo
h baGiRG GF GettliR
- g P
i s
dFa
RS,
. shall,
whenevef
Tfeaciblniliza soil hi?er?ninoor. g teGhniq 1es
4.6.16 Fill
Policies
Fill placed waterward of the OHWM should be prohibited and only allowed to
facilitate water-dependant uses..
2. Where permitted, fill should be the minimum necessary to provide for the proposed
use and should be permitted only when tied to a specific development proposal
that is permitted by the Shoreline Master Program.
3. The perimeter of fill activities should be designed to avoid or eliminate erosion and
sedimentation impacts, both during initial fill activities and over time.
Regulations
1. Fill extending no further than the OHWM or the natural bank, whichever is less,
may be permitted provided that probable significant adverse impacts are mitigated.
2. Fill for the purpose of creating new land shall be permitted only for water
dependent uses.
3. Perimeters of cuts and fills shall be provided with vegetation, riprap, retaining
walls, or other approved means for slope protection.
4. Fill materials shall not cause violation of water quality standards or otherwise be
toxic to humans or to fish and wildlife.
4.6.17 Shoreline Habitat and Natural Systems Enhancement Projects
Policies
All proposed shoreline habitat and natural systems enhancement projects should
assure that the activities associated with each project address legitimate
restoration needs and priorities and facilitate implementation of the Restoration
Plan developed with this Shoreline Master Program pursuant to WAC 173-26-
201(2)(f).
Regulations
A shoreline habitat or natural systems a€nhancement project involving
environmental remediation activities shall not harm human health or the
environment.
4-29 Draft
DRAFT Auburn Shoreline Master
to the en„1Yenment. Cleanup methods ept+Gr shall not have significant negative
impacts on be G9MPatible With adjacent and existing land uses in the area.
2. Where possible, habitat improvement projects shall be protected in perpetuity
through a conservation easement conveyed to the city or public agency. The
Director of Planning, Building and Community may approve other forms of
encumbrances. If future development proposes to impact existing habitat
improvement sites, it must be demonstrated that there are no practicable
alternatives to avoid adverse impacts and, further, that adequate mitigation is
provided to address unavoidable losses.
3. Habitat improvements shall pFen; a-use an ecosystem or landscape approach, by
integrate449 projects into their surrounding shoreline environments and prGFnGtiRg
include greenbelts for species movement and use by spesies.
4.7. Shoreline Uses
Shoreline use activities are developments or activities that exist or are anticipated to
occupy shoreline locations.
Regulations are developed on the premise that all appropriate shoreline uses require
some degree of control to minimize adverse affects to the shoreline environment and
adjoining properties.
Each proposed development within the Shoreline Management Act's jurisdiction will be
evaluated to determine its conformance with the use activity policies and regulations, as
well as the Shoreline Management Element and and policies ^f the Sher lino
M n Bement Clement Deyelepmen+ the SMA, and the SMP. eEven uses and
activities these that are exempt from the requirements for a shoreline substantial
development permit , must be consistent with the policies and regulations
of the shereline meter nregram SMP, the SMA, and its provisions.
4.7.18 Prohibited Uses
The following uses are prohibited in all shoreline environments unless addressed
separately in this shoreline master program under another use:
1. Commercial aquaculture;
2. Boat houses;
3. New or expanded mining; and
4. Permanent solid waste storage or transfer facilities.
4.7.19 Boat Launching Ramps
Policies
Boating facilities should not be allowed unless they are accessible to the general
pl?ublic or serve a arid-community
Draft 4-30
DRAFT Auburn Shoreline Master Program
2. New boat launching ramps should be allowed only where they are located at sites
with suitable environmental conditions, shoreline configurations, access and
neighboring uses.
3. Development of new or modifications to existing boat launching ramps and
associated and accessory uses should not result in a net loss of shoreline
ecological functions or other significant adverse impacts.
Regulations
1. Public boat launching ramps shall be permitted in the Urban Conservancy and
Shoreline Residential Environments.
2. Before granting approval of a permit to allow any boat launching ramp, the
applicant must satisfactorily demonstrate that:
a. Adequate facilities for the efficient handling of sewage and litter will be
provided.
b. The ramp will minimize impediments to migrating fish and will not locate on
sites important for salmonids, including spawning, feeding or rearing areas.
C. Important navigation routes or recreation areas will not be obstructed.
d. Adequate separation will be maintained between structures and adjacent
properties.
e. Adequate separation and buffers will be maintained between the facility's
associated parking area and adjacent properties such that the landscaping
requirements per Auburn Municipal Code 18.50, "Landscaping and
Screening" are met.
f The dimensions and composition of buffers between the OHWM and the
facility's associated parking area shall meet requirements per ACC Section
16.10.090, "Buffer areas and setbacks".
#:g. The boat launch shall be designed so that structures are aesthetically
compatible with, or enhance, existing shoreline features and uses.
4.7.20 Fishery Resources
Policies
1. Development of fishery resource facilities and associated activities, such as
hatcheries and fish counting stations should assure no net loss to shoreline
ecological functions or processes.
Regulations
1. Development of fishery resource facilities shall be permitted as a conditional use in
the Urban Conservancy and Natural environment.
2. Development of fishery resource facilities shall have no significant adverse impact
on the visual access, water quality, and general aesthetic quality of the shoreline.
4-31 Draft
DRAFT Auburn Shoreline Master
4.7.21 In-Stream Structural Uses
Policies
1. Approval of applications for in-stream structures should require inclusion of
provisions for the protection and preservation of ecosystem-wide processes,
ecological functions, and cultural resources, including, but not limited to, fish and
fish passage, wildlife and water resources, shoreline critical areas, hydro
geological processes, and natural scenic vistas.
2. The location and planning of in-stream structures should give consideration to the
full range of public interests, watershed functions and processes, and
environmental concerns, with special emphasis on protecting and restoring priority
habitats and species.
3. Non-structural and non-regulatory methods to protect, enhance, and restore
shoreline ecological functions and processes and other shoreline resources should
be encouraged as an alternative to structural in-stream structures.
Regulations
1. In-stream structures shall only be permitted as a conditional use in the Urban
Conservancy, Shoreline Residential and Natural (highly limited) environments.
2. Where in-stream structures are permitted, they shall be developed and maintained
in a manner that does not adversely impact ecological functions or wildlife habitat.
3. In-stream structures that divert water shall return flow to the river in as short a
distance as possible.
4. All permit applications for in stream structures shall contain, at a minimum, the
following:
a. Provision for public access to and along the affected shoreline and proposed
recreational features at the site, where applicable. Public access provisions
shall include vistas and trails.
b. A plan describing the extent and location of vegetation proposed for removal
to accommodate the proposed facility and restoration plans.
c. All design work shall be done in consultation with the State Department of
Fish and Wildlife, State Department of Ecology and other relevant agencies.
4.7.22 Mining
Policies
Limit mining activities near the shoreline to existing mining uses.
Regulations
New or expanded mining activities shall be prohibited.
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DRAFT Auburn Shoreline Master
2. Impacts to shorelines and water bodies due to existing mining operations upland of
the shoreline jurisdiction shall be minimized.
4.7.23 Recreation
Policies
Prioritize shoreline recreational development that provides public access,
enjoyment and use of the water and shorelines of the State over other non water-
oriented recreational uses.
2. Shoreline areas with the potential for providing recreation or public access
opportunities should be identified for this use and, wherever possible, acquired and
incorporated into the Public Park and open space system.
3. Public recreational facilities should be located, designed and operated in a manner
consistent with the purpose of the environment designation in which they are
located and such that no net loss of shoreline ecological functions or ecosystem-
wide processes result.
4. The coordination of local, state, and federal recreation planning should be
encouraged so as to mutually satisfy needs. Shoreline recreational developments
should be consistent with the City's Comprehensive Plan and Parks, Recreation
and Open Space Plan.
5. Recreational development should not interfere with public use of navigable waters.
Regulations
1. Accessory use facilities such as rest rooms and parking areas shall be set back
from the ordinary high water mark unless SUGh accessory use facilities are
essentially "fe pe-water--orienteddepep4ei#. These areas should be linked to
the shoreline by walkways.
2. For recreation developments requiring fertilizers, pesticides or other toxic
chemicals, such as golf courses and play fields, the applicant shall submit plans
demonstrating the methods to be used to prevent these chemicals and the
resultant leachate from entering adjacent water bodies and wetlands. Native
vegetation zone strips and, if practical, shade trees shall be included in the
development. At a minimum, plans shall be consistent with Section XXX..
"Shoreline Vegetation Conservation" regulations of the Master Program.
3. The use of time release fertilizers and herbicides shall be preferred over liquid or
concentrate application for lawns grown within shoreline jurisdiction.
4. A coordinated system of signs indicating the publics' right of access to shoreline
areas shall be installed and maintained in conspicuous locations at the point of
access and the entrance thereto.
5. In approving shoreline recreational developments, the City shall ensure that the
development will maintain, enhance or restore desirable shoreline features
including scenic views. To this end, the City may adjust and/or prescribe project
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DRAFT Auburn Shoreline Master Program
dimensions, location of project components on the site, intensity of use, screening,
parking requirements, and setbacks, as deemed appropriate to achieve this intent.
6. Recreational development shall be subject to the following design requirements:
a. Development shall be designed to maintain, enhance and/or restore desirable
shoreline features including areas of native vegetation, scenic views and
aesthetic values.
b. Recreational developments shall provide non-motorized access to the
shoreline such as pedestrian and bicycle paths. Motorized vehicular access is
prohibited on stream beds, except for boat launching and maintenance
activities.
c. To protect natural resources and adjacent properties, recreational facility
design and operation shall prohibit the use of all-terrain and off-road vehicles
in the shoreline area.
d. Proposals for developments shall include a landscape plan that uses primarily
native, self-sustaining vegetation. The removal of on-site native vegetation
shall be limited to the minimum necessary for the development of permitted
structures or facilities. See "Clearing and Grading" and "Shoreline Vegetation
Conservation" sections of the Master Program for specific regulations.
e. No recreation buildings or structures shall be built over water, except water
dependent or public access structures such as docks, piers, viewing platforms
or walkways subject to applicable regulations of this shoreline master
program.
f. Recreational facilities shall make adequate provisions, such as screening,
buffer strips fences and signs to prevent parking overflow and to protect the
value and enjoyment of adjacent and natural areas.
g. Proposals for recreational developments must include plans for sewage
disposal, water supply, and solid waste disposal. All disposal facilities shall
meet all applicable State and local standards and regulations.
h. Accesses for boats shall allow safe and convenient passage to the public
water, dictated by the class of boats using the access.
4.7.24 Residential Development
Policies
1. New over-water residences, including floating homes, are not a preferred use and
should be prohibited.
2. New multiunit residential development and land subdivisions for more than four
parcels should provide community and/or public access in conformance to the
City's public access planning and this Shoreline Master Program. Adjoining
access shall be considered in making this determination.
3. Accessory development (to either multiple family or single family) should be
designed and located to blend into the site as much as possible.
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DRAFT Auburn Shoreline Master Program
4. New residential developments should avoid the need for new shoreline
stabilization or flood hazard reduction measures that would cause significant
impacts to other properties or public improvements or a net loss of shoreline
ecological functions.
Regulations
1. Residential development shall be subject to the requirements of the City of Auburn
Zoning Code (Title 18). In case of a discrepancy between the requirements of this
Master Program and the Zoning Code, or other regulationsL; consistency with the
SMP the SMA, and its provisions the mest FeStF;Gti regUla+;eshall prevail.
2. Prior to the granting of a Substantial Development Permit or Building Permit, the
City shall make a determination that the proposed project is consistent with the
policies and regulations of the Shoreline Master Programme including the
following Fly standards:
a.The proposed development site is suited for residential use and is not located in
areas having significant hazard to life and property and likely to require future
public funds to protect and rehabilitate.
a. Adequate methods of erosion control will be utilized during and after project
construction.
s:b. Disturbance of established, native shoreline vegetation will be minimized.
d.c. Solutions will be provided to the problem of contamination of surface waters,
depletion and contamination of ground water supplies and generation of
increased runoff into water bodies.
3. Residential development over water including garages, accessory buildings, and
boathouses shall not be permitted unless otherwise specified in this chapter.
4. The following lot coverage, setback and height limitations shall be applicable to
residential development in all shoreline environments:
a-b. Lot Coverage. Not more than 33 and 1/3 percent of the gross lot area within
the regulated shoreline shall be covered by impervious material including
parking areas but excluding driveways.
b-.c. Setbacks. All setbacks, with the exception of the setbacks from the ordinary
high water mark, shall be as required by the City of Auburn Zoning Code or
other City regulations.
mod. Setbacks for Shoreline Sites from Ordinary High Water Mark. The required
setback for buildings and structures from any lot line or lines abutting the
ordinary high water mark or lawfully constructed bulkhead or revetment,
whichever is further upland, shall be 100 feet except that the special shoreline
setback shall not apply to approved docks, floats, buoys, bulkheads,
launching ramps and similar structures.
5. Site Preparation. It shall be the intent of this Chapter to require the maintenance,
enhancement, and preservation of the natural site amenities. To this end, the City
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DRAFT Auburn Shoreline Master Program
may limit the extent of grading and clearing to the extent deemed necessary for the
reasonable and necessary use of the site or tract.
6. Height Limitations. The maximum height above average grade level of any
residential structure shall be 35 feet unless a Conditional Use Permit is obtained.
7. Fences.
a. No fence shall extend waterward of the OHWM; and,
b. Fences waterward of the furthest waterward extension of the house shall be
limited to four feet in height or less.
4.7.25 Signs
Policies
Signs should be designed, constructed and placed so that they are compatible
with the natural quality of the shoreline environment and adjacent land and water
uses.
Regulations
1. The location, erection and maintenance of all signs must comply with the City of
Auburn Sign Code.
2. Off-premise outdoor advertising signs are prohibited in all shoreline environments.
3. No signs will be erected or maintained upon trees, or drawn or painted upon rocks
or other natural features.
4.7.26 Transportation
Policies
Plan, locate, design and where appropriate construct, proposed roads, non-
motorized systems and parking facilities where routes will have the least possible
adverse effect on unique or fragile shoreline features, will not result in a net loss of
shoreline ecological functions or adversely impact existing or planned water-
dependent uses. Where other options are available and feasible, new roads or
road expansions should not be built within shoreline jurisdiction.
2. The number of river crossings should be minimized.
3. Parking facilities in shorelines are not a preferred use and shall be allowed only as
necessary to support an authorized use and then as remote from the Shoreline as
possible.
4. Trail and bicycle systems should be encouraged along the White and Green Rivers
wherever possible.
5. Joint use of transportation corridors within the shoreline jurisdiction for roads,
utilities, and non-motorized transportation should be encouraged.
6. New railroad corridors should be prohibited.
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DRAFT Auburn Shoreline Master
Regulations
Roads & Bridges
Developers of new roads must be able to demonstrate the following:
a. The need for a shoreline location and that no reasonable upland alternative
exists.
b. That construction is designed to protect the adjacent shorelands against
erosion, uncontrolled or polluting drainage, and other factors detrimental to
the environment both during and after construction.
c. That the project will be planned to fit the existing topography as much as
possible thus minimizing alterations to the natural environment.
d. That all debris, overburden and other waste materials from construction will
be disposed of in such a way as to prevent their entry by erosion from
drainage into water body.
e. That proposed bridges will be built high enough to allow the passage of
debris and anticipated high water flows.
That when new roads will afford scenic vistas, viewpoint areas will be
provided. Scenic corridors shall have sufficient provision for safe pedestrian
and non-motorized vehicular travel.
2. Developers of roads must demonstrate that:
a. The road is located on grade rather than elevated unless crossing wetlands.
Road designs must provide appropriate pedestrian and non-motorized
vehicular crossings where public access to shorelines is intended.
3. Where bridges cross the Green and White Rivers, pedestrian linear access along
the water will be provided except where precluded by safety factors. Pedestrian
and bicycle passage across water shall be provided except on limited access
highways.
4. Bridges shall be used when crossing marshes, swamps, bogs, ponds, natural
recharge areas and other wetlands to avoid obstructing movement of surface and
groundwater.
5. All cut and fill slopes shall be stabilized and planted with native and/or
appropriately introduced grasses, shrubs and/or trees which shall be maintained by
the installing agency until established.
6. Roads shall Pet be located so as to avoid the use of culverts to the maximum
extent possible.
7. Major roads shall cross shoreline areas by the shortest most direct route feasible,
unless such route would cause significant additional environmental damage.
8. Private access roads providing ingress and egress for individual single family
residences or lots shall be limited to one lane with turnouts and may not exceed a
maximum width of fifteen (15) feet.
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DRAFT Auburn Shoreline Master
9. Private access roads serving two or more families may be two lanes in width.
Railroads
New railroads requiring right-of-way expansion are prohibited.
2. Expansion of existing railroad within existing rights-of-way (i.e. additional track)
must demonstrate the following:
a. The need for a shoreline location and that no reasonable upland alternative
exists.
b. The construction is designed to protect adjacent shorelands against erosion,
uncontrolled or polluting drainage, and other factors detrimental to the
environment both during and after construction.
C. The identification of anticipated adverse environmental impacts and mitigation
measures.
d. That the project is planned to fit the existing topography as much as possible
thus minimizing alterations to the natural environment.
e. That all debris, overburden and other waste materials from construction will
be disposed of in such a way as to prevent their entry by erosion from
drainage into a water body.
That proposed bridges, if any, will be built high enough to allow the passage
of debris and anticipated high water flows.
3. Relocation of existing tracks and right-of-way landward of an existing right-of-way
with no expansion in the number of tracks shall be a conditional use.
4. All cut and fill slopes shall be stabilized and planted with native and/or
appropriately introduced grasses, shrubs and/or trees which shall be maintained by
the installing agency until fully established.
5. Bridges shall be used when crossing marshes, swamps, bogs, ponds, natural
recharge areas and other wetlands to avoid obstructing movement of surface and
groundwater.
6. Railroad overpasses and underpasses shall be encouraged and designed to
promote safety for the pedestrian and for the railroad.
7. Public access improvements, including tying in to existing access, shall be required
with any railroad expansion.
8. Easement crossings shall be granted by the railroad for public facilities and
services as part of railroad expansion or right-of-way relocation.
4.7.27 Utilities
Policies
Utility facilities should be designed and located to assure no net loss of shoreline
ecological functions, preserve the natural landscape and vistas, preserve and
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DRAFT Auburn Shoreline Master
protect fish and wildlife habitat, and minimize conflicts with present and planned
land and shoreline uses.
2. Primary utility production and processing facilities, such as power plants, sewage
treatment plants, water reclamation plants, or parts of those facilities that are non-
water-oriented should not be allowed in shoreline areas.
3. Utilities should utilize existing transportation and utilities sites, rights-of-way and
corridors, whenever possible. Joint use of rights-of-way and corridors should be
encouraged.
4. Transmission facilities for the conveyance of services, such as power lines, cables,
and pipelines, shall be located outside of the shoreline area where feasible.
Where no other option exists, utilities should be placed underground or alongside
or under bridges.
5. New utilities facilities should be located so as not to require extensive shoreline
protection structures.
6. Where storm water management, conveyance, and discharge facilities are
permitted in the shoreline, they should be limited to the minimum size needed to
accomplish their purpose and should be sited and designed in a manner that
avoids, or mitigates adverse effects to the physical, hydrologic, or ecological
functions.
7. Stormwater conveyance facilities should utilize existing transportation and utility
sites, rights-of-way and corridors, whenever possible. Joint use of right-of-way and
corridors should be encouraged.
Regulations
Shoreline permit applications for installation of primary utility facilities shall include
the following:
a. Reason why utility facility requires a shoreline location;
b. Alternative locations considered and reasons for their elimination;
c. Location of other utility facilities in the vicinity of the proposed project
including facilities of other types of utilities;
d. Plans for reclamation of areas disturbed during construction;
e. Plans for control of erosion and turbidity during construction;
f. Possibility for consideration of the proposed facility within existing utility right-
of-way.
2. Utilities shall be located to be consistent with the policies of comprehensive plan
utilities element.
3. The State of Washington Departments of Fish and Wildlife and Ecology shall be
notified of any utility proposal which would require withdrawals of water from any
body of water under shoreline management jurisdiction.
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DRAFT Auburn Shoreline Master Program
4. Construction of underwater utilities or those within the wetland perimeter shall be
timed to avoid major fish migratory runs.
5. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or
potentially detrimental to water quality shall provide automatic shut off valves.
6. Upon completion of utility installation/maintenance projects on shorelines, banks
shall, at a minimum, be restored to pre-project configuration, replanted and
provided with maintenance care until the newly planted vegetation is fully
established. Plantings shall be native species and/or be similar to vegetation in the
surrounding area.
7. Above ground site specific primary utility facilities such as generating facilities,
switching complexes, wastewater treatment plants, water reclamation facilities,
storage tanks, and substations shall be located at least 200 feet from the ordinary
high water mark unless the permittee can show the need for a shoreline location.
8. Water reclamation discharge facilities such as injection wells or activities such as
land application are prohibited in the shoreline jurisdiction.
9. Where major generating facilities must be placed in a shoreline area, scenic views
shall not be obstructed
10. Transmission, distribution, and conveyance facilities shall cross shoreline
jurisdictional areas by the shortest, most direct route feasible, unless such route
would cause significant environmental damage.
11. Where overhead transmission lines must parallel the shoreline, they shall be
outside of the two hundred (200) foot shoreline environment unless topography or
safety factors would make it unfeasible.
12. Over water crossings of utilities shall be prohibited unless attached to a bridge
structure.
13. Where practical, utilities should consolidate permit applications in situations where
multiple permits from individual utilities are required.
14. Accessory utility facilities, such as those typical and normal to support and serve a
permitted shoreline use, shall be a permitted use in all environments. This will
typically consist of distribution lines and individual service lines. Such utility
facilities may be new or may be relocated facilities associated with, by way of
example, a road improvement project.
15. Storm water management facilities, limited to detention / retention / treatment
ponds, media filtration facilities, and lagoons or infiltration basins, within the
shoreline jurisdiction shall only be permitted when the following provisions are met:
a. Construction of the storm water facility does not displace or impact a critical
area;
b. There is no other feasible location for the storm water facility and the facility is
located, constructed, and maintained in a manner that minimizes adverse
effects to shoreline ecological functions;
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DRAFT Auburn Shoreline Master Program
c. The storm water facility is designed to mimic and resemble natural wetlands
and meets applicable County or State storm water management standards
and the discharge water meets state water quality standards;
d. Low impact development approaches have been considered and
implemented to the maximum extent feasible.
16. Primary conveyance facilities, including storm water, wastewater, or water supply
pump stations; and storm water discharge facilities such as dispersion trenches,
level spreaders, and outfalls, may be located in the shoreline jurisdiction on a case
by case basis with a Shoreline Substantial Development Permit when the Director
of Planning, Building and Community determines that all of the following are met:
a. Due to topographic or other physical constraints there are no feasible
locations for these facilities outside the shoreline;
b. The discharge is sited in a manner that minimizes disturbance of soils and
vegetation.
c. The discharge outlet is designed to prevent erosion and promote infiltration.
17. Construction of stormwater facilities in the shorelines jurisdiction shall be timed to
avoid fish and wildlife migratory and spawning periods.
18. Proposal for all new storm water facilities shall include landscaping plans that
enhance the aesthetic quality of the shoreline, utilize native vegetation, and
provide for maintenance care until newly planted vegetation is established.
19. Development of stormwater facilities within the shoreline jurisdiction shall include
public access to the shoreline, trails systems, or other forms of recreation,
providing such uses will not unduly interfere with stormwater facility operations,
endanger public health, safety, and welfare, or create a significant and
disproportionate liability for the owner.
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