HomeMy WebLinkAbout06-13-2011_Council Workshop Packet
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN
1. (5 min) Authorize the Mayor to sign an MOU with the ATTACHMENT A
Employee Representation Board
2. (10 min) Shoreline Master Plan Update ATTACHMENT B
3. (10 min) Airport Master Plan Update ATTACHMENT C
4. (10 min) Approval of Contract for 2011 Airport Roofing Projects ATTACHMENT D
5. (10 min) AMC Chapter 8.17 – Chicken & Bee Keeping Regulations ATTACHMENT E
6. (10 min) Revisions to various AMC sections - requested by City Prosecutor ATTACHMENT F
7. (5 min) Adding a new section to AMC Title 2 – Volunteer Firefighters’ ATTACHMENT G
and Reserve Police Officers’ Relief and Compensation Fund
8. (5 min) Public Records Index Ordinance ATTACHMENT H
9. Miscellaneous Council items
ADJOURNMENT
To open all attachments, click here
Arlington City Council Workshop
June 13, 2011 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT:
Authorize the Mayor to sign a Memorandum
of Understanding with the Employee
Representation Board (ERB)
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
Memorandum of Understanding with the Employee Representation Board
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney reviewed the MOU with the
ERB
DESCRIPTION:
Council is requested to authorize the Mayor to sign the attached Memorandum of
Understanding with the City’s Employee Representation Board. The purpose of the board is to
Promote the relationship between the non-represented employees and City management by
providing the non-represented employees a pathway of communication to City management;
and to act on behalf of all non-represented employees in partnership with the City
management to foster communication regarding employee-related issues such as
compensation, benefits and policies that affect non-represented employees.
HISTORY:
ALTERNATIVES:
Do not authorize the Mayor to sign the attached Memorandum of Understandign with the
City’s Employee Representation Board.
RECOMMENDED MOTION:
No action at this time.
Memorandum of Understanding by and between the City of
Arlington Employee Representation Board and the City of Arlington
The City of Arlington non-represented employees shall create a Board to represent them. The
Board shall be referenced herein as the Employee Representation Board (“Board”).
PURPOSE:
At the request of the non-represented employees, it is the purpose of this Board to:
1. Promote the relationship between the non-represented employees and City management
by providing the non-represented employees a pathway of communication to City
management;
2. To act on behalf of all non-represented employees in partnership with the City
management to foster communication regarding employee-related issues such as
compensation, benefits and policies that affect non-represented employees.
COMPOSITION OF EMPLOYEE REPRESENTATION BOARD:
1. The Board will be composed of one representative for approximately every 15
employees. In the case of a fraction, the number of representatives will be rounded up.
2. Employees who occupy positions in City management or who are department heads will
not be eligible to serve on the Board. These positions include: City Administrator,
Assistant City Administrator, Assistant to the City Administrator for Special Projects,
Fire Chief, Deputy Fire Chief, Medical Services Administrator, Police Chief, Police
Commander, Airport Manager, Community Development Director, Finance Director,
Public Works Director, Assistant Community Development Director, and Assistant
Finance Director.
3. Employees who are currently covered by a collective bargaining agreement with the City
of Arlington will not be eligible to serve on the Board.
4. Officers of the Board shall include Chair, Vice-Chair, and Secretary.
PROCEDURE FOR SELECTING EMPLOYEE REPRESENTATION BOARD:
1. All employees eligible to serve on the Board will be eligible to vote in the selection of
Board members.
2. Each employee eligible to vote may cast only one completed ballot.
3. Selection of Board members will be conducted in June, 2011.
4. For the first year, Jimmy Downing will serve as election officer. His duty will be to
supervise the conduct of the voting. He will be supplied with a list of eligible voters and
ballots with ample blanks to allow each eligible voter to cast his or her vote for the
employees to represent him/her.
5. The election official will determine the employees having the greatest number of ballots
cast. A majority of votes will be decisive. The official will then declare and certify the
selected Board members. In the event of a tie, a special runoff election will be held.
6. Each selected Board member will hold office for one year. Prior to the expiration of the
one year term of office, the Board will hold an election so that new elected
representatives will be able to take office at the expiration of the preceding term.
FUNCTIONS OF THE EMPLOYEE REPRESENTATION BOARD:
1. Each member of the Board will represent the non-represented employee body as a whole.
2. The Board of employees will meet quarterly, or as often as they deem necessary.
3. The chairperson of the Board may also request a meeting with City management as
circumstances may require.
4. Meetings of the Employee Representation Board and the City’s management
representative will serve as a method for discussing citywide problems including, but not
limited to matters relating to the administration of employee compensation and benefit
programs, sharing information on present and future personnel policies, the City’s
financial/budget status, cost-savings ideas, issues of management, and to promote better
understanding, communication, and good will between City management and non-
represented employees.
5. The Board, at its first meeting, will elect the officers from among its Board members,
who will serve for a one year term. The officers may stand for reelection. The officers
will be elected by a majority vote of the representatives in attendance at the meeting. The
Chair will preside at all meetings of the Board and serve as chief spokesperson for the
Board.
6. Revisions to this Memorandum of Understanding may be implemented each June by
agreement of the majority of the non-represented employees and City management.
7. All issues brought to the Board by non-represented employees must be submitted on the
Non-Represented Employee Comment Form and submitted to the Board by email, or via
the Employee Representation Board suggestion box, for review at the next meeting of the
Employee Representation Board.
CONDUCT OF THE EMPLOYEE REPRESENTATION BOARD AND CITY
MANAGEMENT:
All parties are encouraged to approach each situation with an open mind and to give each
and every issue that may arise fair consideration. Every effort should be made by all
parties involved to make a settlement of the matter without becoming involved in lengthy
debates, discussions, or meetings that would disrupt the operations of the City.
Signed this ________ day of ______________________, 2011.
CITY OF ARLINGTON ARLINGTON EMPLOYEE
REPRESENTATION BOARD
By: ____________________________ By: __________________________
Allen Johnson, City Administrator Jimmy Downing, Chair
CITY OF ARLINGTON
By: _____________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT:
Shoreline Master Plan Update Status
DEPARTMENT OF ORIGIN:
Community Development – Bill Blake
ATTACHMENTS:
1. Draft SMP Code
2. Use Matrix from Draft SMP Code
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Not completed, waiting for response from
DOE on draft submittal
DESCRIPTION: Provide the Council a status report of where the Shoreline Master plan update
is in the process. Main focus of meeting is to review the use matrix section (Attachment #2).
Initiate Council and City Attorney review of the entire SMP Code.
HISTORY: The City was on schedule with submitting a draft Master Plan to Ecology on
January 31, 2011. The Department of Ecology said they should have the first review completed
this week, and comments submitted to the City. Staff will share Ecology’s comments with the
Council and City Attorney along with recommended responses to expedite completion of the
Code. Once we have a code acceptable to the Council we will go through a Public Hearing
process for approval. Once approved we submit to Ecology and they have an additional 60-day
review period and potential second Public Hearing if requested.
ALTERNATIVES:
No action.
RECOMMENDED MOTION:
No action
Printed on 30% recycled paper.
D RAFT
City of Arlington
S H O R E L I N E M A S T E R P R O G R A M
January 2011
i
T A B L E O F C O N T E N T S
Page #
T a b l e o f C o n t e n t s .................................................................... 1
Executive Summary .................................................................................. 1
Reader’s Guide ......................................................................................... 4
1 Authority and Purpose .................................................................... 6
1.1 The Shoreline Management Act ..................................................................... 6
1.2 Authority .......................................................................................................... 8
1.3 Applicability ..................................................................................................... 8
1.4 Purpose and Intent ......................................................................................... 8
1.5 Relationship to Other Codes, Ordinances and Plans .................................. 9
1.6 Liberal Construction ....................................................................................... 9
1.7 Severability ...................................................................................................... 9
1.8 Effective Date ................................................................................................ 10
2 Goals and Objectives .................................................................... 11
2.1 Economic Development Element (RCW 90.58.100(2)(a)) ........................... 11
2.2 Public Access Element (RCW 90.58.100(2)(b)) ........................................... 11
2.3 Recreation Element (RCW 90.58.100(2)(c)) ................................................. 12
2.4 Circulation Element (RCW 90.58.100(2)(d)) ................................................. 12
2.5 Shoreline Use Element (RCW 90.58.100(2)(e)) ............................................ 13
2.6 Conservation Element (RCW 90.58.100(2)(f)) ............................................. 13
2.7 Historic, Cultural, Scientific, and Educational Element (RCW
90.58.100(2)(g)) ....................................................................................................... 14
2.8 Flood Hazard Prevention Element (RCW 90.58.100(2)(h)) ......................... 15
3 Shoreline Jurisdiction and Environment Designations .............. 16
3.1 Shoreline Jurisdiction .................................................................................. 16
3.2 Environment Designations ........................................................................... 17
3.2.1 Aquatic ...............................................................................................................17
3.2.2 Historic Shoreline Business District ....................................................................18
3.2.3 Urban Conservancy-Low Intensity (UC-LI) .........................................................19
3.2.4 Urban Conservancy-Open Space (UC-OS) ........................................................20
3.2.5 Use Matrix and Development Standards ............................................................21
3.2.6 Official Shoreline Map and Unmapped or Undesignated Shorelines ..................26
3.2.7 Interpretation of Environment Designation Boundaries ......................................26
3.3 Shoreline Use Preferences........................................................................... 27
3.4 Shorelines of Statewide Significance ......................................................... 28
3.4.1 Designation Criteria ...........................................................................................28
3.4.2 Use Preferences ................................................................................................28
3.4.3 Policies ..............................................................................................................29
4 General Policies and Regulations ................................................ 32
4.1 Archaeological and Historic Resources ..................................................... 32
4.1.1 Policies ..............................................................................................................32
4.1.2 Regulations ........................................................................................................32
4.2 Ecological Protection and Critical Areas .................................................... 33
4.2.1 Policies (based on WAC 173-26-201(2)(c) and 173-26-221(2))..........................33
Shoreline Master Program
for Shorelines in the City of Arlington
ii
4.2.2 Regulations (based on WAC 173-26-201(2)(c and e) and 173-26-221(2)) .........34
4.3 Flood Hazard Reduction ............................................................................... 35
4.3.1 Policies. .............................................................................................................36
4.3.2 Regulations ........................................................................................................37
4.4 Public Access ................................................................................................ 39
4.5 Vegetation Conservation and Shoreline Buffers ........................................ 42
4.5.1 Policies ..............................................................................................................42
4.5.2 Regulations (based on extensive “Principles” (WAC 173-26-221(5)(b)) and
“Standards” (WAC 173-26-221(5)(c))) ...........................................................................43
4.6 Water Quality, Stormwater and Nonpoint Pollution ................................... 50
4.6.1 Policies ..............................................................................................................50
4.6.2 Regulations ........................................................................................................50
5 Shoreline Modifications and Uses ............................................. 52
5.1 General Upland Shoreline Modification and Use Regulations .................. 52
5.1.1 Policies ..............................................................................................................52
5.1.2 Regulations ........................................................................................................53
5.2 General Aquatic Shoreline Modification and Use Regulations ................. 54
5.2.1 Policies ..............................................................................................................54
5.2.2 Regulations ........................................................................................................54
5.3 Agriculture ..................................................................................................... 57
5.4 Aquaculture ................................................................................................... 57
5.5 Boating Facilities .......................................................................................... 57
5.5.1 Policies ..............................................................................................................57
5.5.2 Regulations ........................................................................................................58
5.6 Breakwaters, Jetties, Groins, Weirs ........................................................... 61
5.7 Clearing and Grading ................................................................................... 61
5.7.1 Policies ..............................................................................................................61
5.7.2 Regulations ........................................................................................................62
5.8 Commercial Development ............................................................................ 63
5.8.1 Policies ..............................................................................................................63
5.8.2 Regulations ........................................................................................................64
5.9 Dredging and Dredge Material Disposal ..................................................... 65
5.9.1 Policies (based on WAC 173-26-231(2) and (3)(f)) ............................................65
5.9.2 Regulations (based on WAC 173-26-231(2) and (3)(f)) ......................................66
5.10 Fill ................................................................................................................... 69
5.10.1 Policies (based on WAC 173-26-231(2) and (3)(c)) ............................................69
5.10.2 Regulations (based on WAC 173-26-231(2) and (3)(c)) .....................................70
5.11 Forest Practices ............................................................................................ 71
5.12 Industry .......................................................................................................... 71
5.12.1 Policies ..............................................................................................................71
5.12.2 Regulations ........................................................................................................71
5.13 Institutional .................................................................................................... 72
5.13.1 Policies ..............................................................................................................72
5.13.2 Regulations ........................................................................................................73
5.14 In-Water Structures ....................................................................................... 73
5.14.1 Policies ..............................................................................................................73
5.14.2 Regulations ........................................................................................................74
5.15 Mining ............................................................................................................ 75
5.16 Moorage Facilities ......................................................................................... 75
3
5.17 Recreational Development ........................................................................... 75
5.17.1 Policies ..............................................................................................................75
5.17.2 Regulations ........................................................................................................76
5.18 Residential Development ............................................................................. 76
5.18.1 Policies ..............................................................................................................76
5.18.2 Regulations ........................................................................................................77
5.19 Shoreline Habitat and Natural Systems Enhancement Projects ............... 78
5.19.1 Policies (based on WAC 173-26-231(3)(g))........................................................78
5.19.2 Regulations (based on WAC 173-26-231(3)(g)) .................................................79
5.20 Shoreline Stabilization.................................................................................. 80
5.20.1 Policies ..............................................................................................................80
5.20.2 Regulations ........................................................................................................82
5.21 Signage .......................................................................................................... 92
5.21.1 Policies ..............................................................................................................92
5.21.2 Regulations ........................................................................................................92
5.22 Transportation and Parking ......................................................................... 94
5.22.1 Policies ..............................................................................................................94
5.22.2 Regulations ........................................................................................................95
5.23 Utilities ........................................................................................................... 96
5.23.1 Policies ..............................................................................................................96
5.23.2 Regulations ........................................................................................................96
6 Nonconforming Uses and Development Standards (WAC 173-27-
080) 98
6.1 Nonconforming Structures, Uses, Lots: Policies ....................................... 98
6.2 Nonconforming Structures, Uses, Lots: Standards ................................... 98
6.2.1 Nonconforming Uses, Lots, and Structures: General Provisions ........................98
6.2.2 Nonconforming Lots of Record ...........................................................................99
6.2.3 Discontinuance of Nonconforming Use ..............................................................99
6.2.4 Destruction and Restoration ...............................................................................99
6.2.5 Maintenance ......................................................................................................99
6.2.6 Expansion ........................................................................................................ 100
6.2.7 Completion of a Building/Structure/Activity ....................................................... 100
7 Shoreline Permits, Procedures and Administration .................. 101
7.1 Roles and Responsibilities (based on City permit procedures) ............. 101
7.1.1 Shoreline Master Program Administrator ......................................................... 101
7.1.2 State Environmental Policy Act (SEPA) Responsible Official ........................... 102
7.1.3 Arlington Hearing Examiner ............................................................................. 102
7.1.4 Arlington Planning Commission ....................................................................... 102
7.1.5 Arlington City Council ....................................................................................... 102
7.2 Interpretation ............................................................................................... 102
7.3 Statutory Noticing Requirements .............................................................. 103
7.4 Application Requirements.......................................................................... 103
Exemption 104
7.5 Shoreline Substantial Development Permits (WAC 173-27-150) ............. 105
7.5.1 Permit Required ............................................................................................... 105
7.5.2 Permit Review Criteria ..................................................................................... 105
7.5.3 Conditions of Approval ..................................................................................... 105
7.6 Exemptions from Shoreline Substantial Development Permits .............. 105
7.6.1 Compliance with Applicable Regulations Required .......................................... 106
Shoreline Master Program
for Shorelines in the City of Arlington
iv
7.6.2 Interpretation of Exemptions ............................................................................ 106
7.6.3 Exemptions ...................................................................................................... 106
7.6.4 Letters of Exemption – Required ...................................................................... 107
7.7 Shoreline Conditional Use Permits (WAC 173-27-160) ............................ 107
7.7.1 Determinations of Conditional Use Permits ...................................................... 107
7.7.2 Review Criteria ................................................................................................ 107
7.7.3 Conditions of Approval ..................................................................................... 109
7.8 Shoreline Variance Permits (WAC 173-27-170) ........................................ 109
7.8.1 Purpose ........................................................................................................... 109
7.8.2 Review Criteria ................................................................................................ 109
7.8.3 Conditions of Approval ..................................................................................... 110
7.9 Permit Conditions ....................................................................................... 111
7.10 Duration/Time Requirements of Permits (WAC 173-27-090) ................... 111
7.11 Initiation of Development (WAC 173-27-190) ............................................ 112
7.12 Review Process ........................................................................................... 113
7.13 Appeals ........................................................................................................ 113
7.13.1 Appeals of Shoreline Administrator Determinations and Decisions .................. 113
7.13.2 Appeals to Shorelines Hearings Board ............................................................. 113
7.14 Amendments to Permits (WAC 173-27-100) .............................................. 114
7.14.1 Revision – When Required .............................................................................. 114
7.14.2 Determination of Scope and Intent ................................................................... 114
7.14.3 Timing of Revision Authorization ...................................................................... 115
7.14.4 Filing of Revision.............................................................................................. 115
7.14.5 Effective Date of Revised Permit ...................................................................... 115
7.14.6 Appeal of Revised Permit ................................................................................. 115
7.15 Enforcement ................................................................................................. 116
8 Definitions .................................................................................... 117
Appendix A: Environment Designation Maps
Appendix B: Critical Areas Regulations
Appendix C: Restoration Plan
Appendix D: Jurisdiction Exhibits (Excerpts from the Shoreline Master Program Handbook)
L I S T O F T A B L E S
Page #
Table 3.1 Shoreline Use and Modification Matrix. ................................................................23
Table 3.2 Shoreline Development Standards Matrix. ...........................................................25
The Watershed Company
January 2011
1
DRAFT
Shoreline Master Program
City of Arlington
E XECUTIVE SUMMARY
Washington’s Shoreline Management Act (SMA) was passed by the legislature in 1971
and affirmed by voters in 1972. All local jurisdictions with shorelines subject to
regulation under the SMA are required to update their shoreline master programs
(SMPs) in order to comply with the current SMP Guidelines. SMPs are comprehensive
shoreline plans, mutually adopted by local governments and the Washington State
Department of Ecology (Ecology), that regulate shoreline use and development in areas
subject to regulation under the SMA. Under these Guidelines, the local governments
must base SMP provisions on an analysis of the most relevant and accurate scientific and
technical information. This includes meeting the mandate of “no net loss” of shoreline
ecological functions, as well as providing mechanisms for restoration of impaired
shoreline functions.
The original SMP for the City of Arlington was approved in 1974 and has not had a
major update in over 10 years. This Draft SMP represents an update to the City’s
existing SMP. Much has changed along the City’s shorelines since the existing SMP was
adopted. In addition, knowledge of best practices in the fields of development,
conservation, and watershed restoration have evolved significantly. When approved by
Ecology, the goals and policies included in this document will become part of
Arlington’s Comprehensive Plan.
This Draft SMP includes four “zones,” or environment designations:
• Aquatic (areas waterward of the ordinary high water mark)
• Historic Shoreline Business District (generally the area between the Centennial
Trail and Hwy 530)
• Urban Conservancy – Open Space (more heavily used park areas such as Haller
Park and the Centennial Trail)
• Urban Conservancy – Low Intensity (park or protected areas which have lower
intensity uses such as Portage Creek and Country Charm)
Intensity of use, type of activity, and importance of the activity to our community are
regulated through specific definitions within the four environment designations. The
chart of approved uses for each of the four zones (Table 3.1) is a common-sense
approach to what kind of activity we want to allow and where that activity can occur.
Shoreline Master Program
for Shorelines in the City of Arlington
2
For commercial activity, the plan further establishes a scale to evaluate the importance of
a given activity to our community: water-dependent, water-related, and water-
enjoyment.
The Washington Legislature has defined the Stillaguamish River and its shoreline as a
waterway of “statewide significance.” As such, Arlington has an obligation to manage
its portion of the river’s shoreline in a way that provides the greatest benefit to the
people of the region while at the same time acting as responsible stewards of the natural
environment.
To provide the best guidance for the future uses along our shorelines we begin by
looking to the past. The Stillaguamish Tribe of Indians had maintained a sustainable
presence for the past 8,000 years. The Tribal members transported the first Europeans
up river in their shovel nose canoes using both Portage Creek and the main stem
Stillaguamish to reach the forks where Haller City began adjacent to the Tribal village of
Skabalko. This was the “grand central station” for a number of years for commerce,
transportation and cultural practices. It will be important that we continue to recognize
those values and plan appropriately so they live on in the future as potential uses.
When we look at development or re-development along this invaluable and
irreplaceable resource, the over-riding environmental principle, the Hippocratic Oath of
planning along the river, is that we suffer “no net loss of ecological function.” There is a
significant amount of planning flexibility along the shoreline, as long as this basic rule is
not violated. The environmental tests for maintaining ecological function are
scientifically rigorous with the burden of proof resting primarily with the City to assure
that a developer adheres to the policies and regulations.
We have the ability to produce a SMP that provides significant economic growth
opportunities along with a broad range of recreational and education elements, while at
the same time protecting and restoring the shoreline environment for future generations.
The draft update plan is exactly that: a first effort at a proposed plan. It was produced
primarily by knowledgeable consultants who have written SMPs for other communities
with shoreline responsibilities, along with technical support and recommendations
provided by City staff. The SMP is now being tailored to fit Arlington through
community involvement. Within State law and watershed planning recommendations,
we have the flexibility to produce a plan that will benefit the greatest number of our
citizens while at the same time protecting our valuable river resources and the wildlife
that depend on them. Draft policies and regulations were reviewed by the Planning
Commission in the fall of 2010. After a preliminary review by Ecology, a refined draft
will then be sent to the City Council for review and public hearings. This plan will be
submitted in final form to Ecology by end of June 2011. There is a 60-day Ecology
review period following that submittal which provides an opportunity for any final
The Watershed Company
January 2011
3
changes to occur prior to adoption. This effort was supported by an $80,000.00 grant
provided by Ecology.
Shoreline Master Program
for Shorelines in the City of Arlington
4
R EADER’S GUIDE
Washington’s Shoreline Management Act was passed by the legislature in 1971 and
affirmed by voters in 1972. The original shoreline master program (SMP) for the City of
Arlington (City) was approved on December 27, 1974.
This document represents a comprehensive update to the City’s SMP. Much has
changed along the City’s shorelines since the original SMP was developed. In addition,
knowledge of best practices in the fields of development and conservation has evolved.
There have also been changes in state laws and rules.
This Draft SMP has been prepared to meet the requirements of the Shoreline
Management Act of 1971 (RCW 90.58), the implementing state rules codified as Chapter
173-26 of the Washington Administrative Code (WAC) “State Master Program
Approval/Amendment Procedures and Master Program Guidelines” that were revised
in 2003, and other applicable local, state, and federal laws. While developed locally, this
Draft SMP must meet the Shoreline Management Act and implementing state rules, and
is subject to approval by the Washington State Department of Ecology (Ecology) before
it can be implemented.
The contents of this Draft Shoreline Master Program are structured as follows:
• Chapter 1, Authority and Purpose
• Chapter 2, Goals and Objectives
• Chapter 3, Shoreline Jurisdiction
• Chapter 4, General Policies and Regulations
• Chapter 5, Shoreline Modifications and Uses
• Chapter 6, Nonconforming Uses and Development Standards
• Chapter 7, Shoreline Permits, Procedures and Administration
• Chapter 8, Definitions
To guide the reader, most sections or provisions show the source of the goal, policy, or
regulation either in the body of the text or in parentheses, which may include citations
to: the Shoreline Management Act (RCW 90.58), Washington State Shoreline Master
Program Guidelines (WAC 173-26), Shoreline Management Permit and Enforcement
Procedures (WAC 173-27), current City comprehensive plan elements, or other example
SMPs recently adopted and approved by the state.
The Watershed Company
January 2011
5
When reading the Draft SMP, it is useful to consider the definitions of the following
terms that are based on definitions in the State Shoreline Master Program Guidelines
(WAC 173-26-020):
• “Shall” or “must” means a mandate; the action must be done.
• “Should” means that the particular action is required unless there is a demonstrated,
compelling reason, based on policy of the Shoreline Management Act and shoreline
master program, against taking the action.
• “May” means the action is acceptable, provided it conforms to the provisions of this
SMP.
In general, this Draft SMP uses the word “should” in goals, objectives, and policies, and
“shall” in the regulations. Additional definitions are located in Chapter 8.
The Draft SMP is intended to be detailed for the following reasons:
• To allow for more shoreline applications to be approved administratively for an
efficient and cost-effective process.
• To cross-reference applicable state and federal laws to help consolidate
requirements and be a resource for property owners and City staff.
• To provide some certainty of interpretation and application that benefits property
owners and City staff over time.
This Draft SMP is the first draft provided for public review, and it is expected that as a
part of public review, and later as part of the state review and approval process, further
drafts will be issued showing how contents have changed and responded.
More information about the SMP public review process and opportunities for public
comment and public meetings can be found at:
http://www.ci.arlington.wa.us/index.aspx?nid=345
Shoreline Master Program
for Shorelines in the City of Arlington
6
1 A UTHORITY AND P URPOSE
1.1 The Shoreline Management Act
Washington State’s citizens voted to approve the Shoreline Management Act of 1971 in
November 1972. The adoption of the Shoreline Management Act (Act) recognized “that
the shorelines of the state are among the most valuable and fragile of its natural
resources and that there is great concern throughout the state relating to their utilization,
protection, restoration, and preservation” and that “coordinated planning is necessary in
order to protect the public interest associated with the shorelines of the state while, at
the same time, recognizing and protecting private property rights consistent with the
public interest” (RCW 90.58.020). The Act seeks to provide environmental protection for
shorelines, preserve and enhance shoreline public access, and encourage appropriate
development that supports water-oriented uses as follows: (RCW 90.58.020)
The legislature finds that the shorelines of the state are among the most valuable and
fragile of its natural resources and that there is great concern throughout the state
relating to their utilization, protection, restoration, and preservation. In addition it finds
that ever increasing pressures of additional uses are being placed on the shorelines
necessitating increased coordination in the management and development of the
shorelines of the state. The legislature further finds that much of the shorelines of the
state and the uplands adjacent thereto are in private ownership; that unrestricted
construction on the privately owned or publicly owned shorelines of the state is not in the
best public interest; and therefore, coordinated planning is necessary in order to protect
the public interest associated with the shorelines of the state while, at the same time,
recognizing and protecting private property rights consistent with the public interest.
There is, therefore, a clear and urgent demand for a planned, rational, and concerted
effort, jointly performed by federal, state, and local governments, to prevent the inherent
harm in an uncoordinated and piecemeal development of the state's shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by
planning for and fostering all reasonable and appropriate uses. This policy is designed to
insure the development of these shorelines in a manner which, while allowing for limited
reduction of rights of the public in the navigable waters, will promote and enhance the
public interest. This policy contemplates protecting against adverse effects to the public
health, the land and its vegetation and wildlife, and the waters of the state and their
aquatic life, while protecting generally public rights of navigation and corollary rights
incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the
management of shorelines of statewide significance. The department, in adopting
guidelines for shorelines of statewide significance, and local government, in developing
The Watershed Company
January 2011
7
master programs for shorelines of statewide significance, shall give preference to uses in
the following order of preference which:
(1) Recognize and protect the statewide 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 the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
In the implementation of this policy the public's opportunity 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
generally. To this end uses shall be preferred which are consistent with control of
pollution and prevention of damage to the natural environment, or are unique to or
dependent upon use of the state's shoreline. Alterations of the natural condition of the
shorelines of the state, in those limited instances when 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 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 the people to enjoy the shorelines of the state. Alterations of the
natural condition of the shorelines and shorelands of the state shall be recognized by the
department. Shorelines and shorelands of the state shall be appropriately classified and
these classifications shall be revised when circumstances warrant regardless of whether
the change in circumstances occurs through man-made causes or natural causes. Any
areas resulting from alterations of the natural condition of the shorelines and shorelands
of the state no longer meeting the definition of "shorelines of the state" shall not be
subject to the provisions of chapter 90.58 RCW.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner
to minimize, insofar as practical, any resultant damage to the ecology and environment of
the shoreline area and any interference with the public's use of the water.
Shoreline Master Program
for Shorelines in the City of Arlington
8
Under the Act, shoreline master programs are created and implemented based on a
“cooperative program of shoreline management between local government and the
state” (RCW 90.58.050). The roles of local governments and the state are:
Local government shall have the primary responsibility for initiating the planning
required by this chapter and administering the regulatory program consistent with the
policy and provisions of this chapter. The department [of Ecology] shall act primarily in a
supportive and review capacity with an emphasis on providing assistance to local
government and on insuring compliance with the policy and provisions of this chapter.
(RCW 90.58.050)
In recognition of the Act and citizen ideas collected through a local shoreline planning
process, the City of Arlington has developed this Draft Shoreline Master Program (SMP)
and will continually implement and administers it through shoreline permits and
reviews. The Washington State Department of Ecology (Ecology) reviews and approves
local SMPs and certain local permit decisions.
1.2 Authority
The Shoreline Management Act of 1971, Chapter 90.58 RCW, is the authority for the
enactment and administration of this SMP.
1.3 Applicability
All proposed uses, activities, and development occurring within shoreline jurisdiction
(See Chapter 3 for the definition of shoreline jurisdiction) must conform to the intent and
requirements of Chapter 90.58 RCW, the Act, and this SMP, whether or not a permit or
other form of authorization is required. (RCW 90.58.140(1) and WAC 173-26-191)
As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty rights
of Indian Nations or tribes.
1.4 Purpose and Intent
The purposes of this SMP are:
A. To promote the public health, safety, and general welfare of the community by
providing comprehensive policies and effective, reasonable regulations for
development and use and protection of jurisdictional shorelines; and (WAC 173-26-
241(2)(a)(ii))
B. To further assume and carry out the local government responsibilities established by
the Act in RCW 90.58.050 including planning and administering the regulatory
program consistent with the policy and provisions of the Act in RCW 90.58.020; and
The Watershed Company
January 2011
9
C. Protect against adverse effects to the land, its vegetation and wildlife, and the waters
and their aquatic life within jurisdictional shorelines; and (WAC 173-26-241(2)(a)(ii))
D. To give preference to those uses that are consistent with the control of pollution and
prevention of damage to the natural environment, or are unique to or dependent
upon uses of the state's shoreline areas; and (WAC 173-26-241(2)(a)(i))
E. Reduce use conflicts by including provisions to prohibit or apply special conditions
to those uses which are not consistent with the control of pollution and prevention of
damage to the natural environment or are not unique to or dependent upon use of
the state's shoreline. In implementing this provision, preference shall be given first
to water-dependent uses, then to water-related uses and water-enjoyment uses; and
(WAC 173-26-241(2)(a)(iii)).
F. Assure no net loss of ecological functions associated with the shoreline; and (WAC
173-26-241(2)(a)(iv)).
1.5 Relationship to Other Codes, Ordinances and Plans
All applicable federal, state, and local laws shall apply to properties in the shoreline
jurisdiction.
Consistent with RCW 36.70A.480, the goals and policies of this SMP approved under
chapter 90.58 RCW shall be considered an element of the City of Arlington
Comprehensive Plan. All regulatory elements of this SMP, including, but not limited to
definitions and use regulations, shall be considered a part of the City of Arlington’s
development regulations. Snohomish County shall administer the Act in unincorporated
urban growth areas.
In the event provisions of this SMP conflict with provisions of federal, state, or other
City regulations, the provision that is most protective of shoreline resources shall
prevail, when consistent with policies set out in the Act. (RCW 90.58.900; WAC 173-26-
221(6)(b)(ii))
1.6 Liberal Construction
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict
construction; the Act and this SMP shall therefore be liberally construed to give full
effect to the purposes, goals, objectives, and policies for which they were enacted. (RCW
90.58.900)
1.7 Severability
Should any section or provision of this SMP be declared invalid, such decision shall not
affect the validity of this SMP as a whole. (Common ordinance construction; RCW
90.58.910)
Shoreline Master Program
for Shorelines in the City of Arlington
10
1.8 Effective Date
The SMP is hereby adopted on the XX date of XX, 2011. This SMP and all amendments
thereto shall become effective immediately upon final approval and adoption by
Ecology. (RCW 90.58.090(7))
The Watershed Company
January 2011
11
2 G OALS AND OBJECTIVES
Per WAC 173-26-186(3), all relevant policy goals must be addressed in the planning
policies of a shoreline master program (SMP). This section contains shoreline goals and
objectives. Goals express the ultimate aims of the City and its citizens. An objective
identifies a more specific step that moves toward achieving a long-term goal. Goals and
objectives provide a framework upon which the more detailed SMP shoreline use
environments, policies, regulations, and administrative procedures are based in
subsequent chapters.
2.1 Economic Development Element (RCW 90.58.100(2)(a))
Goal ED-1. Promote a strong, diversified, and sustainable local and regional
economy, while respecting the shoreline environment and
preserving or enhancing public access to the shoreline. (based on
City of Arlington Comprehensive Plan, GE-1)
Objective ED-1. Promote new water-dependent, water-related, and water-
enjoyment economic development. (based on WAC 173-26-
241(2)(a)(iii))
2.2 Public Access Element (RCW 90.58.100(2)(b))
Goal PA-1. Ensure public access to shorelines:
• is safe, convenient, and diversified;
• makes provisions for public access to publicly owned
shoreline jurisdiction areas; (WAC 173-26-176(3), WAC 173-26-
191(1)(b); based on 90.58.100(2))
• avoids adverse effects on fragile natural features; and
• minimizes conflicts between the public and private property.
Objective PA-1. Increase public access to shorelines by developing and
implementing parks, recreation, and trails plans. (WAC 173-26-
221(4)(c))
Objective PA-2. Require public access as part of public shoreline development
where appropriate. (WAC 173-26-221(4)(d)(ii))
Objective PA-3. Require and/or encourage public access as part of private
shoreline development in accordance with adopted jurisdiction
Shoreline Master Program
for Shorelines in the City of Arlington
12
shoreline public access plans, where appropriate. (WAC 173-26-
221(4)(d)(iii))
Objective PA-4. Protect and enhance visual and physical access to shorelines.
(WAC 173-26-221(4)(d)(iv))
Objective PA-5. Assure that public access improvements do not result in a net loss
of shoreline ecological functions.
Objective PA-6. Encourage development of public access by using tools such as
acquisition of land, incentives, etc.
2.3 Recreation Element (RCW 90.58.100(2)(c))
Goal REC-1. Maintain and support existing and future recreational
opportunities in the shoreline. (based on City of Arlington
Comprehensive Plan, GP-1)
Objective REC-1. Work with foundations, organizations, volunteer groups,
associations, trusts, developers, landowners, others from the
private sector and neighboring and regional governments to
develop and/or preserve parks, trails, and open space by
encouraging donations and dedications, conservation easements,
innovative land use contractural agreements and other methods.
(City of Arlington Comprehensive Plan, PP-3.4)
Objective REC-2. Ensure shoreline recreation facilities are preserved and enlarged
as necessary to serve projected County and City growth in
accordance with adopted levels of service. (WAC 173-26-241(3)(i))
Goal REC-2. Provide a diverse range of recreational opportunities in the
shoreline. (based on City of Arlington Comprehensive Plan, GP-2)
Objective REC-3. Encourage the provision of art, interpretive, and educational
facilities in parks and locations along the shoreline. (based on City
of Arlington Comprehensive Plan, PP-2.6)
2.4 Circulation Element (RCW 90.58.100(2)(d))
Goal CIRC-1. Plan, develop, and maintain a balanced transportation system for
the efficient movement of people, goods, and services within the
City and between the community and other activity centers in the
region. (based on City of Arlington Comprehensive Plan, GT-1)
The Watershed Company
January 2011
13
Objective CIRC-1. Encourage multiple modes of transportation. (WAC 173-26-
241(3)(k))
Objective CIRC-2. Promote non-motorized travel and public access opportunities.
(WAC 173-26-241(3)(k))
Objective CIRC-3. Locate new or expanded road corridors for motorized vehicles
outside of shoreline jurisdiction unless there is no reasonably
feasible alternative or location. (WAC 173-26-241(3)(k))
2.5 Shoreline Use Element (RCW 90.58.100(2)(e))
Goal SU-1. Ensure that the character and location of shoreline land uses
optimizes the combined potentials for economic benefit and the
enjoyment and protection of natural resources while minimizing
the threat to health, safety, and welfare posed by hazards,
nuisances, incompatible land uses, and environmental
degradation.
Objective SU-1. Give preference along the shoreline to water-oriented and single-
family residential uses, consistent with the control of pollution
and prevention of damage to the natural environment. (RCW
90.58.020)
Objective SU-2. Encourage shoreline uses and development that enhance and/or
increase public access to the shoreline or provide significant
public benefit. (WAC 173-26-241(3) (d), (f), (i), (j) and WAC 173-
26-221(4))
2.6 Conservation Element (RCW 90.58.100(2)(f))
Goal CONS-1. To safeguard communitywide environmental conditions and
resources the City shall encourage the effective stewardship of the
environment and protect critical areas and conserve shoreline
resources. (based on City of Arlington Comprehensive Plan, GL-
19)
Objective CONS-1. Continue to amend and adopt land development regulations that
ensure no net loss of shoreline ecological functions. (based on City
of Arlington Comprehensive Plan, PL-19.1)
Objective CONS-2. Ensure compatibility of shoreline land uses with topography,
geology, soil suitability, surface water, groundwater and aquifers,
frequently flooded areas, wetlands, climate, vegetation, and
wildlife. (based on City of Arlington Comprehensive Plan, PL-
19.4)
Shoreline Master Program
for Shorelines in the City of Arlington
14
Goal CONS-2. Require site-sensitive development to protect environmental
resources. (City of Arlington Comprehensive Plan, GL-20)
Objective CONS-3. Preserve existing vegetation as much as possible due to its vital
shoreline ecological functions. (based on City of Arlington
Comprehensive Plan, GL-20.3)
Objective CONS-4. Protect salmonid streams, drainage ways, wetlands, and their
buffers from adverse impacts of land development that might
decrease low flows or increase high peak flows, reduce recharge
areas for streams, increase bank or bed erosion, or increase
turbidity of the water. (based on City of Arlington Comprehensive
Plan, GL-20.4)
Objective CONS-5. The City considers, and deems worth of protection, the following
sensitive resources: wetlands, streams and creeks, lakes and
ponds, aquifer recharge areas, steep slopes, significant trees, fish
and wildlife habitat and corridors, and frequently flooded areas.
(based on City of Arlington Comprehensive Plan, GL-20.5)
2.7 Historic, Cultural, Scientific, and Educational Element (RCW
90.58.100(2)(g))
Goal HCSE-1. Protect and restore areas having significant historic, cultural,
scientific, or educational value. (RCW 90.58.100(2)(g)
Objective HCSC-1. Promote the identification, maintenance, and preservation of
possible geographical areas or structures that have special
significance because of historical, archaeological, architectural,
recreational, social, cultural, and/or scenic importance. ((City of
Arlington Comprehensive Plan, GL-24)
Goal HCSC-2. Protect shoreline features to prevent the destruction of, or damage
to, any site having archaeological, historic, cultural, or scientific
value through coordination and consultation with the appropriate
local, state, tribal, and federal authorities. (Recommendations by
State Department of Archaeology and Historic Preservation
(DAHP))
Objective HCSC-2. Protect sites in collaboration with appropriate tribal, state, federal,
and local governments. Encourage cooperation among public and
private parties in the identification, protection, and management
of cultural resources. (Recommendations by DAHP)
The Watershed Company
January 2011
15
Objective HCSC-3. When and/or where appropriate, make access to such sites
available to parties of interest. Design and manage access to such
sites in a manner that gives maximum protection to the resource.
(Recommendations by DAHP)
Objective HCSC-4. Provide opportunities for education related to archaeological,
historical, and cultural features when and/or where appropriate
and incorporate into public and private management efforts,
programs and development. (Recommendations by DAHP)
2.8 Flood Hazard Prevention Element (RCW 90.58.100(2)(h))
Goal FHP-1. Prevent and minimize flood damages. (RCW 90.58.100(2)(h)
Objective FHP-1. Regulate land use and development to protect natural
topographic, geologic, vegetational, and hydrological features in a
manner that protects the citizens from those natural features
through avoidance of exposure. (City of Arlington
Comprehensive Plan, PL-28.2)
Shoreline Master Program
for Shorelines in the City of Arlington
16
3 S HORELINE J URISDICTION AND
ENVIRONMENT D ESIGNATIONS
3.1 Shoreline Jurisdiction
As defined by the Shoreline Management Act (SMA) of 1971, “shorelines of the state”
include certain waters plus their associated “shorelands.”
In the City of Arlington, shorelines of the state include rivers and streams whose mean
annual flow is 20 cubic feet per second (cfs) or greater.
Shorelands are minimally defined by the SMA as:
“those lands 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 to the provisions of this
chapter….” (RCW 90.58.030)
Local jurisdictions may voluntarily elect to expand shoreline jurisdiction to include part
or all of the remaining floodplain area that is located beyond 200 feet from either the
ordinary high water mark or the floodway, or to include the buffers of associated
wetlands that would otherwise be located outside of shoreline jurisdiction (see
Appendix D for graphical illustrations of these options prepared by the Washington
Department of Ecology).
Certain waters of the state and their associated shorelands have elevated status under
the SMA. In Arlington, the Stillaguamish River is considered to be a “shoreline of
statewide significance,” because it is a river “west of the crest of the Cascade range
downstream of a point where the mean annual flow is measured at one thousand cubic
feet per second or more.” As such, the Stillaguamish River has the unique supplemental
provisions outlined in Section 3.4.
Shoreline jurisdiction for the City of Arlington is shown on the maps included in
Appendix A. The maps only approximately identify or depict the lateral extent of
shoreline jurisdiction. The actual lateral extent of the shoreline jurisdiction shall be
determined on a case-by-case basis based on the location of the ordinary high water
mark (OHWM), floodway, and presence of associated wetlands.
In circumstances where shoreline jurisdiction does not include an entire parcel, only that
portion of the parcel and any use, activity, or development on that portion of the parcel
is subject to this Shoreline Master Program. The other portions of the parcel are still
The Watershed Company
January 2011
17
subject to all City planning and zoning ordinances. City planning shall include
concurrency planning with this SMP.
3.2 Environment Designations
This SMP is intended to meet the requirements in WAC 173-26-211. It states that:
Master programs shall contain a system to classify shoreline areas into specific
environment designations. This classification system shall be based on the existing use
pattern, the biological and physical character of the shoreline, and the goals and
aspirations of the community as expressed through comprehensive plans as well as the
criteria in this section. Each master program's classification system shall be consistent
with that described in WAC 173-26-211 (4) and (5) unless the alternative proposed
provides equal or better implementation of the act.
This SMP is consistent with these requirements, deviating from WAC 173-26-211 (4) and
(5) with the addition of a new environment designation tailored to local circumstances.
Each environment designation contains purpose statement, designation criteria, and
management policies components.
3.2.1 Aquatic
A. Purpose
The purpose of the "Aquatic" environment is to protect, restore, and manage the
unique characteristics and resources of the areas waterward of the OHWM.
B. Designation Criteria
An "Aquatic" environment designation will be assigned to shoreline areas
waterward of the OHWM.
C. Management Policies
Development within the “Aquatic” environment shall be consistent with the
following policies:
1. New over-water structures should be prohibited except for water-dependent
uses, public access, or ecological restoration.
2. The size of new over-water structures should be limited to the minimum
necessary to support the structure's intended use.
3. In order to reduce the impacts of shoreline development and increase
effective use of water resources, multiple use of over-water facilities should
be encouraged.
Shoreline Master Program
for Shorelines in the City of Arlington
18
4. All developments and uses on navigable waters or their beds should be
located and designed to minimize interference with surface navigation, to
consider impacts to public views, and to allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration.
5. Uses that adversely impact the ecological functions of critical freshwater
habitats should not be allowed. Where those uses are necessary to achieve
the objectives of RCW 90.58.020, their impacts shall be mitigated according to
the sequence described in WAC 173-26-201(2)(e).
6. Shoreline uses and modifications should be designed and managed to
prevent degradation of water quality and alteration of natural hydrographic
conditions.
3.2.2 Historic Shoreline Business District
A. Purpose
The purpose of the Historic Shoreline Business District is to protect historic
resources, provide for continued commercial uses that are consistent with the
historic character of the area, while protecting existing ecological functions, restoring
ecological functions in areas that have been previously degraded, and enhancing
public access to the shoreline.
B. Designation Criteria
A Historic Shoreline Business District environment designation will be assigned to
areas where more intense uses and development have historically occurred, are
planned for in the future, and will not result in significant adverse impacts to the
shoreline environment.
C. Management Policies
1. Encourage a mixture and variety of uses and activities in the Historic
Shoreline Business District, particularly those that:
a. preserve and/or restore the historic character of the City;
b. provide an opportunity for the public to actively or passively enjoy
the Stillaguamish River.
2. Maintain and enhance the historic character of the district by prohibiting
incompatible uses and requiring compliance with design guidelines.
The Watershed Company
January 2011
19
3. Allow development only in those areas where impacts and hazards 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.
4. Ensure that new development provides visual and physical public access,
consistent with constitutional and statutory limitations, 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 (WAC 173-26-221 (4)(c) and (d)).
5. Implement ecological and aesthetic objectives by restoring native shoreline
vegetation where feasible.
3.2.3 Urban Conservancy-Low Intensity (UC-LI)
A. Purpose
The purpose of the Urban Conservancy-Low Intensity Environment is to protect and
restore ecological functions in low intensity settings, while allowing a variety of low-
impact uses.
B. Designation Criteria
An Urban Conservancy-Low Intensity environment designation will be assigned to
shorelands that are not generally suitable for water-dependent uses with any of the
following characteristics: they are suitable for low-impact uses or are designated for
low-impact development; they are along undeveloped river banks, bluffs, wetlands,
or other areas that should not be more intensively developed; they have potential for
ecological restoration; they retain important ecological functions, even though
partially developed.
C. Management Policies
1. Uses in the "Urban Conservancy–Low Intensity" environment should be
limited to those which are non-consumptive (i.e., do not deplete over time) of
the shoreline area's physical and biological resources and uses that do not
substantially degrade ecological functions or the rural or natural character of
the shoreline area. Shoreline habitat restoration and environmental
enhancement are preferred uses.
2. Water-dependent and water-enjoyment recreation facilities that do not
deplete the resource over time, such as boating facilities, angling, wildlife
viewing trails, and recreational beaches, are preferred uses, provided
significant ecological impacts to the shoreline are avoided or mitigated.
Shoreline Master Program
for Shorelines in the City of Arlington
20
3. Developments and uses that would substantially degrade or permanently
deplete habitat or the physical or biological resources of the area should not
be allowed.
4. During development and redevelopment, all reasonable efforts should be
taken to restore ecological functions. Where feasible, restoration should be
required of all nonwater-dependent development on previously developed
shorelines.
5. Construction of new structural shoreline stabilization and flood control
works should not be allowed except where there is a documented need to
protect public safety or ecological functions and mitigation is applied. New
development should be designed and located to preclude the need for
structural shoreline stabilization or flood control during the projected lifetime
of the development.
6. Activities or uses that would strip the shoreline of vegetative cover, cause
substantial erosion or sedimentation, or adversely affect wildlife or aquatic
life should be prohibited.
7. Preservation of ecological functions should be balanced with public access
and recreation objectives and should have priority over development
objectives whenever a conflict exists.
8. The uses identified in the Country Charm Conservation area master plan and
Graafstra Farm Buffer area Stewardship plan shall be maintained and
implemented in a manner to preserve or improve existing ecological
function.
3.2.4 Urban Conservancy-Open Space (UC-OS)
A. Purpose
The purpose of the Urban Conservancy-Open Space Environment is to protect and
“restore”, as defined in this SMP, ecological functions in urban and developed
settings, while providing public access and a variety of park and recreation uses.
B. Designation Criteria
An Urban Conservancy-Open Space environment designation will be assigned to
shorelands that are within public parks and trail corridors and to those areas which
are especially suited to public access, water-oriented recreation, and ecological
enhancement. Lands planned for park uses or resource conservation areas with no
other commercial or residential land uses should also be designated Urban
Conservancy-Open Space.
The Watershed Company
January 2011
21
C. Management Policies
1. Water-oriented recreational uses should be given priority over nonwater-
oriented uses. Water-dependent recreational uses should be given highest
priority.
2. Commercial activities enhancing the public’s use or enjoyment of publically
accessible shorelines may be appropriate.
3. Water-dependent and water-enjoyment recreation facilities that do not
deplete the resource over time, such as boating facilities, angling, wildlife
viewing trails, and swimming beaches, are preferred uses, provided
significant ecological impacts to the shoreline are avoided or mitigated.
4. During development and redevelopment, all reasonable efforts, as
determined by the City, should be taken to restore ecological functions.
5. Standards should be established for shoreline stabilization measures,
vegetation conservation, water quality, and shoreline modifications within
the Urban Conservancy-Open Space designation to ensure that new
development does not further degrade the shoreline and is consistent with an
overall goal to improve ecological functions and habitat.
6. Public access and public recreation objectives should be implemented
whenever feasible and significant ecological impacts can be avoided or
mitigated.
3.2.5 Use Matrix and Development Standards
A. Table 3-1 indicates which uses and modifications may be allowed or are prohibited
in shoreline jurisdiction within each shoreline environment. Accessory uses shall be
subject to the same shoreline permit process as its primary use. Where there is a
conflict between the chart and the written provisions in this SMP, the written
provisions shall apply.
B. Authorized 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.
C. Any use, development or modification not classified elsewhere in the SMP or listed
below shall require a Shoreline Conditional Use Permit.
D. Uses and modifications identified as “Permitted” require either a Shoreline
Substantial Development Permit or may be exempt from the requirement to obtain a
Shoreline Substantial Development Permit, as outlined in the definition of
Substantial Development included in Chapter 8, Definitions. Exempted uses and
Shoreline Master Program
for Shorelines in the City of Arlington
22
modifications, however, are not exempt from the Act or this SMP, and must be
consistent with the applicable policies and provisions.
E. If any part of a proposed development is not eligible for exemption, then a shoreline
permit is required for the entire proposed development project.
F. A development or use that is listed as a Conditional Use pursuant to this SMP or is
an unlisted use, must obtain a Shoreline Conditional Use Permit even though the
development or use does not require a Substantial Development Permit.
G. To preserve the existing and planned character of the shoreline consistent with the
purposes of the shoreline environment designations, shoreline development
standards regarding shoreline buffers, lot frontage, side setbacks, and height are
provided in Table 3-2. In addition, shoreline developments shall comply with all
density, lot area, setback and other dimensional requirements of the City’s zoning
and subdivision codes.
H. Except as otherwise stated, the City 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 City regulations, the more protective of shoreline ecological
functions and processes shall prevail.
I. Where a use or modification may occur in the Aquatic environment as indicated in
Table 3-1 and in the corresponding regulations for that use, the more restrictive
permit process or prohibition on that use as may be indicated for the adjacent
shoreland environment applies to that use in the Aquatic environment.
J. The permit processes indicated below for each use or modification apply to new,
expanded, modified, or replacement uses and modifications. For those uses and
modifications that meet one of the exemptions outlined Section 7.6.2, Exemptions, a
shoreline permit is not required if Table 3-1 indicates “SD/E.” However, if “CU” is
listed for the use or modification, that use or modification is not eligible for an
exemption.
K. An accessory use shall not be established on a property independent of its primary
use.
L. When a development or use is proposed that does not comply with the shoreline
buffer, 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. Departures from
the maximum height limit shall be subject to approval of a Shoreline Conditional
Use Permit, including a view corridor analysis and demonstration that criteria are
The Watershed Company
January 2011
23
met consistent with Section 7.7. Shoreline Variances or Shoreline Conditional Use
Permits are not required to modify development standards expressly allowed to be
modified for visual access in Section 4.4.2 or for vegetation conservation reductions
as allowed in Section 12.4.5, provided the modifications are consistent with the
applicable zoning standards. Modifications to or greater reductions to standards
established in Section 4.4.2 and Section 12.4.5 shall require a Shoreline Variance or a
Shoreline Conditional Use Permit.
Table 3.1 Shoreline Use and Modification Matrix.
LEGEND
SD/E = Permitted, may be subject to
Shoreline Substantial Development
Permit or shoreline exemption
CU = Shoreline Conditional Use
X = Prohibited, the use is not eligible
for a Shoreline Variance or
Shoreline Conditional Use Permit;
or not applicable
Aq
u
a
t
i
c
Hi
s
t
o
r
i
c
S
h
o
r
e
l
i
n
e
Bu
s
i
n
e
s
s
D
i
s
t
r
i
c
t
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Lo
w
I
n
t
e
n
s
i
t
y
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Op
e
n
S
p
a
c
e
Shoreline Use
Agriculture X X SD/E X
Aquaculture X --X X X
Commercial Development
Water-dependent X SD/E SD/E SD/E
Water-related X SD/E SD/E SD/E
Water-enjoyment X SD/E SD/E1 SD/E1
Nonwater-oriented X SD/E SD/E2 SD/E2
Forest Practices X X X X
Industry
Water-dependent X SD/E X X
Water-related X SD/E X X
Nonwater-oriented X SD/E X X
Institutional
Water-oriented X SD/E SD/E SD/E
Nonwater-oriented X SD/E SD/E SD/E
In-Water Structures CU X X X
Mining X X X X
Recreational Development
Water-dependent X SD/E SD/E SD/E
Water-enjoyment X SD/E SD/E SD/E
Nonwater-oriented X SD/E SD/E3 SD/E3
Residential Development
Single-family X SD/E X X
Multi-family X SD/E X X
Signage
On premise X SD/E SD/E SD/E
Off premise X X X X
Public X SD/E SD/E SD/E
Transportation and Parking
Shoreline Master Program
for Shorelines in the City of Arlington
24
LEGEND
SD/E = Permitted, may be subject to
Shoreline Substantial Development
Permit or shoreline exemption
CU = Shoreline Conditional Use
X = Prohibited, the use is not eligible
for a Shoreline Variance or
Shoreline Conditional Use Permit;
or not applicable
Aq
u
a
t
i
c
Hi
s
t
o
r
i
c
S
h
o
r
e
l
i
n
e
Bu
s
i
n
e
s
s
D
i
s
t
r
i
c
t
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Lo
w
I
n
t
e
n
s
i
t
y
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Op
e
n
S
p
a
c
e
Parking, primary X X X X
Parking, accessory X SD/E4 SD/E4 SD/E4
Roads, railways CU SD/E SD/E5 SD/E5
Utilities, primary CU SD/E SD/E5 SD/E5
Shoreline Modification
Boating Facilities6
Boat launch, commercial SD/E SD/E X X
Boat launch, public SD/E SD/E SD/E SD/E
Breakwaters, Jetties, Groins, Weirs X X X X
Clearing and Grading -- SD/E SD/E SD/E
Dredging and Dredge Material Disposal CU X X X
Fill7 CU8 SD/E SD/E SD/E
Moorage Facilities X X X X
Shoreline Habitat and Natural Systems
Enhancement Projects SD/E SD/E SD/E SD/E
Shoreline Stabilization
Bioengineering CU SD/E SD/E SD/E
Dikes, levees X CU CU CU
Hard structural shoreline stabilization CU SD/E CU CU
1 Park concessions, such as small food stands, cafes, and restaurants with views and seating oriented to
the water, and uses that enhance the opportunity to enjoy publicly accessible shorelines are allowed. 2 Seasonal uses supporting water-oriented activities which may include equipment rental, food venders, or
safety supplies may be allowed. 3 Nonwater-oriented uses may be allowed as a permitted use where the City determines that water-
dependent or water-enjoyment use of the shoreline is not feasible due to the configuration of the
shoreline and water body or due to the underlying land use classification in the comprehensive plan. 4 Accessory parking is allowed in shoreline jurisdiction only if there is no other feasible option, as
determined by the City. 5 Utilities, roads, and railways are allowed if there is no other feasible alternative, as determined by the
City, and all significant adverse impacts are mitigated. 6 Marinas are prohibited. 7 Fill in the floodplain must meet all federal, state, and local flood hazard reduction regulations. 8 Fill in aquatic areas for the purposes of shoreline ecological restoration may be allowed as a permitted
use if the Shoreline Administrator determines that there will be an increase in desired ecological
functions.
The Watershed Company
January 2011
25
Table 3.2 Shoreline Development Standards Matrix.
LEGEND
NA = Not applicable
Note: All dimensions are in feet.
Aq
u
a
t
i
c
Hi
s
t
o
r
i
c
S
h
o
r
e
l
i
n
e
Bu
s
i
n
e
s
s
D
i
s
t
r
i
c
t
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Lo
w
I
n
t
e
n
s
i
t
y
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Op
e
n
S
p
a
c
e
Shoreline Buffer – All Uses NA 150 10-150 150
Shoreline Lot Frontage Minimum –
Residential NA-- 60 NA NA
Side Yard Setback Minimum – Residential NA-- 5 NA-- NA
M. Height exceeding 35 Feet. Development may exceed 35 feet where the underlying
zones or a Transfer of Development Rights program allows for greater heights and
when consistent with the following provisions:
1. The applicant shall prepare a view analysis conducted consistent with
Section 7.4. The analysis shall address such considerations as cumulative
view obstruction within a 1,000-foot radius with implementation of the
proposed development combined with those of other developments that
exceed 35 feet in height. The cumulative impact analysis shall address overall
views that are lost, compromised, and/or retained; available view corridors;
and surface water views lost, compromised, and/or retained.
2. Building or structures heights between 35 feet and 60 feet may be allowed as
part of a Shoreline Substantial Development Permit if the following criteria
are affirmatively met:
a. The building or structure will not impact a substantial number of
residences. The applicant shall review residences involved on or in
an area adjoining the project area.
b. The development will not cause an obstruction of view from public
properties or substantial number of residences. The applicant shall
demonstrate through photographs, videos, photo-based simulations,
or computer-generated simulations that the proposed development
will obstruct less than 30 percent of the view of the shoreline enjoyed
by a substantial number of residences on areas adjoining such
shorelines.
Shoreline Master Program
for Shorelines in the City of Arlington
26
3.2.6 Official Shoreline Map and Unmapped or Undesignated Shorelines
A. Appendix A (Shoreline Jurisdiction Boundaries and Environment Designations
Maps) includes the Official Shoreline Maps, which illustrate the delineation of
shoreline jurisdiction environment designations in the City of Arlington.
B. Any areas within shoreline jurisdiction that are not mapped and/or designated due
to minor mapping inaccuracies in the lateral extent of shoreline jurisdiction from the
shoreline waterbody related to site-specific surveys of ordinary high water mark,
floodway, and/or floodplain are automatically assigned the category of the
contiguous waterward shoreline environment designation. Where the mapping
inaccuracy results in inclusion of an unmapped associated wetland, that wetland
shall be assigned an Urban Conservancy–Low Intensity environment designation.
C. All other areas of shoreline jurisdiction that were neither mapped as jurisdiction nor
assigned an environment designation shall be assigned an Urban Conservancy
designation until the shoreline can be redesignated through an SMP amendment.
D. In addition, any property shown in shoreline jurisdiction that does not meet the
criteria for shoreline jurisdiction (e.g., is more than 200 feet from the OHWM or
floodway, is no longer in floodplain jurisdiction as documented by a Letter of Map
Revision from FEMA, and does not contain associated wetlands) shall not be subject
to the requirements of this SMP. Note that the actual location of the OHWM,
floodplain, floodway, and wetland boundaries must be determined at the time a
development is proposed. Wetland boundary and ordinary high water mark
determinations are valid for two years. Floodplain and floodway boundaries should
be assessed using the most recently revised FEMA maps.
3.2.7 Interpretation of Environment Designation Boundaries
A. If disagreement develops as to the exact location of an environment designation
boundary line, the Official Shoreline Maps shall prevail.
B. If disagreement develops as to the exact location of an environment designation
boundary line, the following rules shall apply:
1. Boundaries indicated as approximately following lot, tract, or section lines
shall be so construed. Where boundary line adjustments or other
modifications are not indicated on the Official Shoreline Maps and where the
adjustments involve two or more parcels with different environment
designations, a designation of Urban Conservancy shall be assigned to
shoreline jurisdiction on the subject properties until the shoreline can be
redesignated through an SMP amendment.
The Watershed Company
January 2011
27
2. Boundaries indicated as approximately following roads or rail lines shall be
respectively construed to follow the nearest right-of-way edge.
3. Boundaries indicated as approximately parallel to or extensions of features
indicated in (1) or (2) above shall be so construed.
C. In the event of an environment designation mapping error, the Shoreline
Administrator shall utilize the criteria contained in RCW 90.58.030(2), chapter 173-22
WAC, and the environment designation criteria contained in this SMP to establish
the appropriate environment designation. Appeals of such interpretations may be
filed pursuant to Section 7.13.
D. All shoreline areas waterward of the OHWM shall be designated Aquatic.
E. Upland environment designations shall apply to shorelands.
F. Only one environment designation shall apply to a given shoreland area. In the case
of parallel designations, designations shall be divided along an identified linear
feature or clearly described boundary.
3.3 Shoreline Use Preferences
This SMP adopts the following policy provided in RCW 90.58.020, and fully implements
it to the extent of its authority under this SMP:
It is the policy of the State to provide for the management of the shorelines of the State by
planning for and fostering all reasonable and appropriate uses. This policy is designed to
insure the development of these shorelines in a manner which, while allowing for limited
reduction of rights of the public in the navigable waters, will promote and enhance the
public interest. This policy contemplates protecting against adverse effects to the public
health, the land and its vegetation and wildlife, and the waters of the State and their
aquatic life, while protecting generally public rights of navigation and corollary rights
incidental thereto...
In the implementation of this policy, the public's opportunity 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
generally. To this end uses shall be preferred which are consistent with control of
pollution and prevention of damage to the natural environment, or are unique to or
dependent upon use of the state's shoreline. Alterations of the natural condition of the
shorelines of the state, in those limited instances when 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 shorelines of the state, industrial and
commercial developments which are particularly dependent on their location on or use of
Shoreline Master Program
for Shorelines in the City of Arlington
28
the shorelines of the state and other development that will provide an opportunity for
substantial numbers of the people to enjoy the shorelines of the state….
Permitted uses in the shorelines of the State shall be designed and conducted in a manner
to minimize, insofar as practical, any resultant damage to the ecology and environment of
the shoreline area and any interference with the public's use of the water.
When determining allowable uses and resolving use conflicts on shorelines within
jurisdiction consistent with the above policy, the following preferences and priorities as
listed in WAC 173-26-201(2)(d) shall be applied in the order presented below:
(i) Reserve appropriate areas for protecting and restoring ecological functions to control
pollution and prevent damage to the natural environment and public health.
(ii) Reserve shoreline areas for water-dependent and associated water related uses …
Local governments may prepare master program provisions to allow mixed-use
developments that include and support water-dependent uses and address specific
conditions that affect water-dependent uses.
(iii) Reserve shoreline areas for other water-related and water-enjoyment uses that are
compatible with ecological protection and restoration objectives.
(iv) Locate single-family residential uses where they are appropriate and can be developed
without significant impact to ecological functions or displacement of water-
dependent uses.
(v) Limit non-water-oriented uses to those locations where the above described uses are
inappropriate or where non-water-oriented uses demonstrably contribute to the
objectives of the Shoreline Management Act.
3.4 Shorelines of Statewide Significance
3.4.1 Designation Criteria
In the City of Arlington, the Stillaguamish River is considered to be a “shoreline of
statewide significance,” because it is a river “west of the crest of the Cascade range
downstream of a point where the mean annual flow is measured at one thousand cubic
feet per second or more.”
3.4.2 Use Preferences
In accordance with RCW 90.58.020, the following management and administrative
policies are hereby adopted for all shorelines of statewide significance in the City of
Arlington, as defined in RCW 90.58.030(2)(e). Consistent with the policy contained in
RCW 90.58.020, preference shall be given to the uses in the following order of
preference:
The Watershed Company
January 2011
29
A. Recognize and protect the statewide interest over local interest;
B. Preserve the natural character of the shoreline;
C. Result in long term over short term benefit;
D. Protect the resources and ecology of the shoreline;
E. Increase public access to publicly owned areas of the shorelines;
F. Increase recreational opportunities for the public in the shoreline;
G. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary. (WAC 173-26-251(2))
Uses that are not consistent with these preferences should not be permitted on
shorelines of statewide significance.
3.4.3 Policies
Consistent with the use preferences for shorelines of statewide significance contained in
RCW 90.58.020, the City will base decisions administering this SMP on the following
policies in order of decreasing priority: (WAC 173-26-251(3)(a-e) and WAC 173-26-
251(2))
A. Recognize and protect the state-wide interest over local interest.
1. Solicit comments and opinions from groups and individuals representing
state-wide interests by circulating amendments to the SMP, and any
proposed amendments affecting shorelines of statewide significance, to state
agencies, affected Tribes, adjacent jurisdictions, citizen's advisory
committees, local officials, and state-wide interest groups.
2. Recognize and take into account state agencies' policies, programs and
recommendations in developing and administering use regulations and in
approving shoreline permits.
3. Solicit comments, opinions and advice from individuals with expertise in
ecology and other scientific fields pertinent to shoreline management.
B. Preserve the natural character of the shoreline.
1. Designate and administer shoreline environments and use regulations to
protect and restore the ecology and environment of the shoreline as a result
of human intrusions on shorelines.
Shoreline Master Program
for Shorelines in the City of Arlington
30
2. Restore, enhance, and/or redevelop those areas where intensive development
already exists in order to reduce adverse impact on the environment and to
accommodate future growth rather than allowing high-intensity uses to
extend into low-intensity use or underdeveloped areas.
3. Protect and restore existing diversity of vegetation and habitat functions and
values, wetlands, and riparian corridors associated with shoreline areas.
4. Protect and restore ecosystem processes that provide habitat for state-listed
“priority species.”
C. Support actions that result in long-term benefits over short-term benefits.
1. Evaluate the short-term economic gain or convenience of developments
relative to the long-term and potentially costly impairments to the natural
shoreline.
2. Preserve resources and values of shorelines of statewide significance for
future generations and restrict or prohibit development that would
irretrievably damage shoreline resources.
3. Ensure the long-term protection of ecological resources of statewide
importance, such as anadromous fish habitats, forage fish spawning and
rearing areas, and unique environments.
D. Protect the resources and ecology of the shoreline.
1. All shoreline development should be located, designed, constructed and
managed consistent with mitigation sequencing provisions outlined in
section 4.2.2 of this document to minimize adverse impacts to regionally
important wildlife resources, including spawning, nesting, rearing and
habitat areas, and migratory routes and result in no net loss of shoreline
ecosystems and ecosystem-wide processes.
2. Actively promote aesthetic considerations when contemplating new
development, redevelopment of existing facilities, or general enhancement of
shoreline areas.
E. Increase public access to publicly owned areas of the shoreline.
1. Give priority to developing paths and trails to shoreline areas and linear
access along the shorelines where it would not threaten ecological function,
especially those trail corridors that would be a regional recreational and
transportation resource.
The Watershed Company
January 2011
31
2. Locate development landward of the OHWM so that access is enhanced and
opportunities for access are not precluded.
F. Increase recreational opportunities for the public on the shoreline.
1. Plan for and encourage development of facilities for public recreational use of
the shoreline.
Shoreline Master Program
for Shorelines in the City of Arlington
32
4 G ENERAL P OLICIES AND R EGULATIONS
Chapter 4 presents general policies and regulations that apply to any developments,
uses, or activities in any environment designation in order to protect environmental and
cultural resources, reduce likelihood of harm to life or property from hazardous
conditions, and promote access to shorelines.
Policies are statements of principles that guide and determine present and future
decisions. Regulations are rules that govern developments, uses, or activities.
4.1 Archaeological and Historic Resources
4.1.1 Policies
A. Impact Avoidance. Due to the limited and irreplaceable nature of the resource(s),
prevent the destruction of or damage to any site having historic, cultural, scientific,
or educational value as identified by the appropriate authorities, including affected
Indian tribes, and the Washington State Department of Archaeology and Historic
Preservation, or any site having such resource(s) that have been inadvertently
uncovered. (WAC 173-26-221(1)(a and b))
Any proposed site development and/or associated site demolition work should be
planned and carried out so as to avoid impacts to the cultural resource or to provide
appropriate mitigation. Impacts to neighboring properties and other shoreline uses
should be limited to temporary or reasonable levels. (Recommended by DAHP)
B. Adjacent Cultural Site. If development or demolition is proposed adjacent to an
identified historic, cultural or archaeological site, then the proposed development
should be designed and operated so as to be compatible with continued protection of
the historic, cultural or archaeological site. (Recommended by DAHP)
4.1.2 Regulations
A. Known Archaeological Resources. Permits issued in areas documented to contain
archaeological resources shall require a site inspection or evaluation by a
professional archaeologist in coordination with affected Indian tribes. (WAC 173-26-
221(1)(c))
B. Uncovered Archaeological Resources. Developers and property owners shall
immediately stop work and notify the City, the Washington State Department of
Archaeology and Historic Preservation, and affected Indian tribes if archaeological
resources are uncovered during excavation. (WAC 173-26-221(1)(c))
C. Other Laws and Rules. Archaeological sites located both in and outside shoreline
jurisdiction are subject to chapter 27.44 RCW (Indian graves and records) and
The Watershed Company
January 2011
33
chapter 27.53 RCW (Archaeological sites and records) and development or uses that
may impact such sites shall comply with chapter 25-48 WAC, as well as the
provisions of this shoreline master program (SMP). (WAC 173-26-221(1)(a))
4.2 Ecological Protection and Critical Areas
4.2.1 Policies (based on WAC 173-26-201(2)(c) and 173-26-221(2))
A. No net loss of ecological functions. Shoreline use and development should be
carried out in a manner that prevents or mitigates adverse impacts, both on site and
to the extent that impacts may propagate up- or downstream, so that the resulting
ecological condition does not become worse than the current condition. For each
development, this means assuring no net loss of ecological functions and processes
relative to the existing condition, protecting critical areas designated in Appendix B
of this SMP, and protecting additional established shoreline buffers in a manner
consistent with all relevant constitutional and other legal limitations on the
regulation of private property. Shoreline ecological functions that should be
protected include, but are not limited to: fish and wildlife habitat, wildlife migration
corridors, food chain support, and water temperature maintenance. Shoreline
processes that should be protected include, but are not limited to: water flow;
erosion and accretion; infiltration; ground water recharge and discharge; sediment
delivery, transport, and storage; large woody debris recruitment; organic matter
input; nutrient and pathogen removal; and stream channel formation/maintenance.
B. Consider project and cumulative impacts. In assessing the potential for net loss of
ecological functions or processes, project-specific and cumulative impacts should be
considered.
C. Development standards should protect functions. Development standards for
density, frontage, buffers, impervious surface, shoreline stabilization, vegetation
conservation, buffers, critical areas, and water quality should protect existing
shoreline ecological functions and processes. During permit review, the Shoreline
Administrator should consider the expected impacts associated with proposed
shoreline development when assessing compliance with this policy.
D. Environmentally critical areas. Environmentally critical areas within shoreline
jurisdiction are regulated by the Environmentally Critical Areas regulations
contained in Appendix B of this SMP. Although these regulations are nearly
identical to the Environmentally Critical Areas regulations codified in Chapter 20.88
of the City of Arlington Municipal Code, pursuant to requirements of the Shoreline
Management Act, the regulations in Appendix B are distinct. If there are conflicts
between the regulations contained in the SMP, those that are the most protective of
shoreline ecological functions will apply.
Shoreline Master Program
for Shorelines in the City of Arlington
34
4.2.2 Regulations (based on WAC 173-26-201(2)(c and e) and 173-26-221(2))
A. Mitigation sequencing. Applicants shall demonstrate all reasonable efforts have
been taken to mitigate potential adverse impacts to ecological function resulting
from new development and redevelopment in shorelines in the following prioritized
order: (WAC 173-26-201(2)(e)(i))
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, such as project redesign, relocation, or timing, to avoid or reduce
impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment to the conditions existing at the time of the initiation of the
project;
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and
6. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
7. Lower priority measures shall be applied only where higher priority
measures are determined to be infeasible or inapplicable.
B. Applicability. The provisions of this section and Appendix B, Critical Areas
Regulations, shall apply to any use, alteration, or development within shoreline
jurisdiction, whether or not a shoreline permit or written statement of exemption is
required.
C. Protection of buffers. Unless otherwise stated, critical area buffers and shoreline
buffers shall be protected and/or enhanced pursuant to Appendix B and all other
applicable provisions of this SMP.
D. Mitigation required for impacts. Mitigation shall be required for all projects within
shoreline jurisdiction, including those waterward of the OHWM, having impacts on
ecological functions. Mitigation ratios are specifically established in Appendix B,
Critical Areas Regulations, for impacts to wetlands and wetland buffers. All other
mitigation must be designed to result in no net loss of ecological functions to the
The Watershed Company
January 2011
35
extent feasible. In general, mitigation is required at a ratio of one unit of mitigation
for one unit of impact by area. However, depending on the nature and extent of
impacts and proposed mitigation, a reduction in the ratio may be allowed or an
increase in the ratio may be required to meet the no net loss of ecological functions
standard if justified in a plan submitted to the City of Arlington (City). (WAC 173-
26-201(2)(e))
E. Location of mitigation. When compensatory measures are appropriate pursuant to
the mitigation priority sequence 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
sub-basin 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. (WAC 173-26-
201(2)(e)(ii)(B))
F. Hydrologic connections. Protect hydrologic connections between waterbodies and
associated wetlands.
G. Cumulative effects. The cumulative effects of individual development proposals
shall be identified and evaluated to assure that no net loss standards are achieved.
The cumulative impacts analysis conducted by the applicant for the project should
follow the framework of the cumulative impacts analysis completed for this SMP.
Where the project deviates from the assumptions of the programmatic analysis,
additional project-related analysis should be completed demonstrating how the goal
of no net loss of ecological functions will be met in spite of those deviations.
Depending on the project, additional mitigation may be required to offset
cumulative impacts.
4.3 Flood Hazard Reduction
The following provisions apply to actions taken to reduce flood damage or hazard and
to uses, development, and shoreline modifications that are proposed in flood hazard
areas. Flood hazard reduction measures may consist of nonstructural measures, such as
shoreline buffers, land use controls, wetland restoration, dike removal, use relocation,
biotechnical measures, and stormwater management programs, and of structural
measures, such as dikes, levees, revetments, floodwalls, channel realignment, and
elevation of structures consistent with the National Flood Insurance Program.
Although some flood hazard reduction measures may serve a dual function as shoreline
stabilization, their primary purpose is to control the location of flood waters directly.
Alternatively, the primary purpose of shoreline stabilization measures is to prevent
erosion of land from currents and waves originating in the shoreline waterbody (rather
Shoreline Master Program
for Shorelines in the City of Arlington
36
than upland sources of erosion), which is a more indirect control of the location of flood
and non-flood water. Shoreline stabilization is addressed in Section 5.18.
The City of Arlington implements flood hazard reduction through the following means:
A. Plans and Policies: City of Arlington Comprehensive Plan, Stillaguamish River
Comprehensive Flood Hazard Management Plan
B. Regulations: critical areas, floodplain, and stormwater regulations
4.3.1 Policies.
A. Implement Flood Hazard Plans and Regulations. The City should ensure public
and private development applications site and design flood control measures
consistent with appropriate engineering principles, including guidelines of the
Natural Resource Conservation Service, the U.S. Army Corps of Engineers,
watershed plans, channel migration zone plans, restoration plans, critical area
regulations, floodplain regulations, and stormwater management plans and
regulations in order to prevent flood damage, maintain the natural hydraulic
capacity of floodways, and conserve limited resources such as fish habitat, water,
and soil. (WAC 173-26-221(3)(b)(ii) and (iii))
B. No Net Loss of Ecological Functions. Flood protection measures should result in no
net loss of ecological functions and ecosystem-wide processes associated with rivers,
streams and lakes. (WAC 173-26-221(3)(b)(iv))
C. Non-structural Methods Preferred. Where feasible, non-structural methods to
protect, enhance, and restore shoreline ecological functions and processes and other
shoreline resources should be encouraged as an alternative to structural flood
control works. Non-structural methods may include, but are not limited to,
shoreline buffers, land use controls, use relocation, wetland restoration, dike
removal, biotechnical measures, stormwater management programs, land or
easement acquisition, voluntary protection and enhancement projects, or incentive
programs. (WAC 173-26-221(3)(b)(i) and (vi))
D. Avoid Structural Flood Control Works. New or expanding development or uses in
the shoreline, including subdivision of land, that would likely require structural
flood control works within a river, channel migration zone, floodway, or lake should
not be allowed. (WAC 173-26-221(3)(c)(i))
E. When Non-structural Flood Control is Infeasible. New structural flood control
works should only be allowed in shoreline jurisdiction when it can be demonstrated
by a scientific and engineering analysis that they are necessary to protect existing
development or mitigate or resolve existing stormwater problems, that impacts to
ecological functions and priority species and habitats can be successfully mitigated
The Watershed Company
January 2011
37
so as to assure no net loss, that appropriate vegetation conservation actions are
undertaken consistent, and where non-structural flood hazard reduction measures
are infeasible. (WAC 173-26-221(3)(c)(ii))
F. Bioengineered Flood Control Works. Unless otherwise determined infeasible by
federal or state agencies with permit authority or by the Shoreline Administrator,
flood control works should be bioengineered to enhance ecological functions, create
a more natural appearance, improve ecological processes, and provide more
flexibility for long-term shoreline management. (WAC 173-26-221(3)(b)(v) and (vii))
G. Avoid Damage to Other Properties. Flood control works and shoreline uses,
development, and shoreline modifications should be located, designed, constructed
and maintained so their resultant effects on geo-hydraulic shoreline processes will
not cause significant damage to other properties or shoreline resources, and so that
the physical integrity of the shoreline corridor is maintained. (WAC 173-26-
221(3)(b)(v))
4.3.2 Regulations
A. Avoid Increase in Flood Hazards. Development in floodplains shall, consistent with
applicable flood hazard plans and regulations, avoid significantly or cumulatively
increasing flood hazards. Development shall be consistent with all City regulations
including: critical areas regulations (SMP Appendix B), stormwater regulations
(Section 4.6 of this SMP), in-water structure regulations (Section 5.12 of this SMP), as
well as guidelines of the Natural Resource Conservation Service, the U.S. Army
Corps of Engineers, and an adopted comprehensive flood hazard management plan
approved by the Washington Department of Ecology, and the City’s comprehensive
flood hazard management plan. (WAC 173-26-221(3)(c)(i))
B. Channel Migration Zone (CMZ). Applicants for a shoreline development or
modification may be required to submit a site-specific channel migration zone study
at the discretion of the Shoreline Administrator.
C. Uses and Activities Authorized in Floodway or CMZ. The following uses and
activities may be authorized where appropriate and/or necessary within the channel
migration zone or floodway: (WAC 173-26-221(3)(c)(i))
1. Actions that protect or restore the ecosystem-wide processes or ecological
functions or development with a primary purpose of protecting or restoring
ecological functions and ecosystem-wide processes.
2. Bridges, utility lines, public stormwater facilities and outfalls, and other
public utility and transportation structures where no other feasible
alternative exists or the alternative would result in unreasonable and
disproportionate costs. For the purposes of this section unreasonable and
Shoreline Master Program
for Shorelines in the City of Arlington
38
disproportionate means that locations outside of the floodway or channel
migration zone would add more than 20% to the total project cost, and the
long-term maintenance or repair costs are not significantly different between
options inside or outside of the floodway or channel migration zone. Where
such structures are allowed, mitigation shall address impacted functions and
processes in the affected shoreline.
3. Repair and maintenance of an existing legally established use, provided that
channel migration is not further limited, or flood hazards to other uses
increased, and that the new development includes appropriate protection of
ecological functions.
4. Development in incorporated municipalities and designated urban growth
areas, as defined in Chapter 36.70A RCW, where structures exist that prevent
active channel movement and flooding and where necessary for protection of
existing structures or public safety.
5. Modifications or additions to an existing nonagricultural legal use, provided
that channel migration is not further limited and that the new development
includes appropriate protection of ecological functions.
6. Measures to reduce shoreline erosion, provided that it is demonstrated that
the erosion rate exceeds that which would normally occur in a natural
condition, that the measure does not interfere with fluvial hydrological and
geo-morphological processes normally acting in natural conditions, and that
the measure includes appropriate mitigation of impacts to ecological
functions associated with the river or stream.
D. Structural Flood Hazard Reduction Measures. New structural flood hazard
reduction measures in shoreline jurisdiction shall be allowed only when it can be
demonstrated by a scientific and engineering analysis that they are necessary to
protect existing development, that nonstructural measures are not feasible, that
impacts on ecological functions and priority species and habitats can be successfully
mitigated so as to assure no net loss, and that appropriate vegetation conservation
actions are undertaken consistent with SMP Section 4.5, Vegetation Conservation.
(WAC 173-26-221(3)(c)(ii)) Structural flood hazard reduction measures shall be
consistent with the City’s comprehensive flood hazard management plan.
E. Placement of Structural Flood Hazard Reduction Measures. New structural flood
hazard reduction measures shall be placed landward of associated wetlands and
designated shoreline buffers, except for actions that increase ecological functions,
such as wetland restoration; provided that such flood hazard reduction projects be
authorized if it is determined that no other alternative to reduce flood hazard to
The Watershed Company
January 2011
39
existing development is feasible. The need for, and analysis of feasible alternatives
to, structural improvements shall be documented through a geotechnical and
hydrological analysis. (WAC 173-26-221(3)(c)(iii))
F. Public Access. See Section 4.4.2. (WAC 173-26-221(3)(c)(iv))
G. Gravel Removal. The removal of gravel for flood management purposes shall be
consistent with Section 5.8 Dredging, and be allowed only after a biological and geo-
morphological study shows that extraction has a long-term benefit to flood hazard
reduction, does not result in a net loss of ecological functions, and is part of a
comprehensive flood management solution. (WAC 173-26-221(3)(c)(v))
H. New Development and Subdivisions. Approve new development or subdivisions
when it can be reasonably foreseeable that the development or use would not
require structural flood hazard reduction measures within the channel migration
zone or floodway during the life of the development or use consistent with the
following. (WAC 173-26-221(3)(c)(i))
I. Roads and Railroads. Roads or railroads shall be built outside the floodway except
for necessary crossings, and repair or maintenance of existing roads and railroads.
New transportation facilities shall be designed so that no significant loss of floodway
capacity or measurable increase in predictable flood levels will result based on
studies submitted by applicants and approved by the City. If proposed
transportation facilities are intended to secondarily provide flood control, they shall
comply with policies and regulations of Section 4.3. (WAC 173-26-241(3)(k))
4.4 Public Access
A. Applicability. Shoreline public access is the physical ability of the general public to
reach and touch the water's edge and the ability to have a view of the water and the
shoreline from upland locations. Public access facilities may include picnic areas,
pathways and trails, viewing towers, bridges, boat launches, beach access and
improved street ends.
Physical public access to shorelines in the City of Arlington is available at Haller
Park and Twin Rivers Park. The County Charm Conservation and Recreation Area
will provide additional public access.
The City would like to develop a water trail linking various public access points that
could be used by recreational boaters. This would maintain the historical connection
to pioneer families, who were transported along local rivers by the Stillaguamish
Tribe in their shovelnose canoes.
Shoreline Master Program
for Shorelines in the City of Arlington
40
Additionally, the City is also planning a comprehensive trail system that would
allow pedestrian traffic to have easy access to area commercial and recreational
opportunities.
B. Policies
1. Public access should be considered in the review of all private and public
developments with the exception of the following:
a. One- and two-family dwelling units; or
b. Where deemed inappropriate due to health, safety and environmental
concerns.
2. Developments, uses, and activities on or near the shoreline should not impair
or detract from the public's access to the water or the rights of navigation.
3. Public access should be provided as close as possible to the water's edge
without causing significant ecological impacts and some portion of access
should be designed in accordance with the Americans with Disabilities Act.
4. Opportunities for public access should be identified on publicly owned
shorelines. Public access afforded by shoreline street ends, public utilities
and rights-of-way should be preserved, maintained and enhanced.
5. Public access should be designed to provide for public safety and comfort
and to minimize potential impacts to private property and individual
privacy. There should be a physical separation or other means of clearly
delineating public and private space in order to avoid unnecessary user
conflict.
6. Public views from the shoreline upland areas should be enhanced and
preserved. Enhancement of views should not be construed to mean excessive
removal of existing native vegetation that partially impairs views, as a
healthy shoreline condition includes mature riparian forest.
7. Public access and interpretive displays should be provided as part of publicly
funded restoration projects where significant ecological impacts can be
avoided.
8. City parks, trails, and public access facilities adjacent to shorelines should be
maintained and enhanced in accordance with City and County plans.
The Watershed Company
January 2011
41
9. Commercial and industrial waterfront development should be encouraged to
provide a means for visual and pedestrian access to the shoreline area
wherever feasible.
10. The acquisition of suitable upland shoreline properties to provide access to
publicly owned shorelands should be encouraged.
C. Regulations
1. Shoreline substantial development (including land division into more than
four lots) or conditional uses, either of which fronts directly on the shoreline,
shall provide physical public access where any of the following conditions
are present:
a. Where a development or use will interfere with an existing public
access way. Impacts to public access may include blocking access or
discouraging use of existing on-site or nearby accesses.
b. Where the development is proposed by a public entity or on public
lands unless such access is shown to be incompatible due to reasons
of safety, security, or impact to the shoreline environment or where
more effective public access is identified in the City planning
documents.
c. The shoreline permit file shall describe the impact, the required public
access conditions, and how the conditions address the impact.
Mitigation for public access impacts shall be in accordance with the
definition of mitigation and mitigation sequencing in Subsection 4.2.2.
2. For multi-family development and subdivisions of land into more than four
parcels, public access need not be provided, however, community access for
residents of that development shall be provided.
3. Shoreline substantial development (including land division into more than
four lots) or conditional uses shall minimize impact to public views of
shoreline waterbodies from public land or substantial numbers of residences.
4. Public access provided by shoreline street ends, public utilities, and rights-of-
way shall not be diminished (This is a requirement of RCW 35.79.035 and
RCW 36.87.130).
5. Public access sites shall be connected directly to the nearest public street or
public right-of-way and shall include provisions for physically impaired
persons, where feasible.
Shoreline Master Program
for Shorelines in the City of Arlington
42
6. Required public access sites shall be fully developed and available for public
use at the time of occupancy of the use or activity.
7. Public access easements and permit conditions shall be recorded as a
covenant against the title and/or on the face of a plat or short plat as a
condition running contemporaneous with the authorized land use. Said
recording with the County Assessor’s Office shall occur prior to permit
approval (section 58.17.110 RCW).
8. Minimum width of public access easements shall be 20 feet, unless the City
Shoreline Administrator determines that undue hardship would result. In
such cases, easement width may be reduced only to the minimum extent
necessary to relieve the hardship.
9. 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 may control or restrict public access as a condition of permit approval.
10. Future actions by the applicant, successors in interest, or other parties shall
not diminish the usefulness or value of the public access provided.
11. Public access facilities may be developed over water provided that all
ecological impacts are mitigated to achieve no net loss of ecological functions.
4.5 Vegetation Conservation and Shoreline Buffers
4.5.1 Policies
A. Conserve native vegetation. Where new developments and/or uses or
redevelopments are proposed, native shoreline vegetation should be conserved to
maintain shoreline ecological functions and/or processes. Vegetation conservation
and restoration should be used to mitigate the direct, indirect and/or cumulative
impacts of shoreline development, wherever feasible. Important functions of
shoreline vegetation include, but are not limited to:
1. Providing shade necessary to maintain water temperatures required by
salmonids and other organisms that require cool water for all or a portion of
their life cycles.
2. Regulating microclimate in riparian and nearshore areas.
3. Providing organic inputs necessary for aquatic life, including providing food
in the form of various insects and other benthic macroinvertebrates.
The Watershed Company
January 2011
43
4. Stabilizing banks, minimizing erosion and sedimentation, and reducing the
occurrence/severity of landslides.
5. Reducing fine sediment input into the aquatic environment by minimizing
erosion, aiding infiltration, and retaining runoff.
6. Improving water quality through filtration and vegetative uptake of nutrients
and pollutants (including the retention of forest duff to support the biological
components of pollutant transformation).
7. Providing a source of large woody debris to moderate flows, create hydraulic
roughness, form pools, and increase structural diversity for salmonids and
other species.
8. Providing habitat elements for riparian-associated species, including downed
wood, snags, migratory corridors, food, and cover. (list based on WAC 173-
26-221(5)(b))
B. Restoration native plant list. A native plant list will be used that identifies the
native species most suitable for shoreline restoration and enhancement projects. At a
minimum, all plants utilized in shoreline buffers should be native as indicated by the
Washington Native Plant Society.
C. Noxious and invasive weeds. Encourage management and control of noxious and
invasive weeds. Control of such species should be done in a manner that retains
onsite native vegetation, provides for erosion control, and protects water quality.
Use of non-toxic or natural controls is preferred. (WAC 173-26-221(5)(c)(i))
4.5.2 Regulations (based on extensive “Principles” (WAC 173-26-221(5)(b))
and “Standards” (WAC 173-26-221(5)(c)))
A. Conserve vegetation. Shoreline developments shall address the conservation and
maintenance of vegetation and forest soils through compliance with this Section, the
critical area standards in Appendix B, and any other regulations specific to
vegetation management that may be contained in other chapters of this SMP.
B. Minimize clearing. Vegetation clearing within shoreline jurisdiction shall be limited
to the minimum necessary to accommodate approved shoreline development.
C. Mitigation required. Where impacts to shoreline or critical area buffers are
permitted and after mitigation sequencing has been applied as outlined in Section
4.2.2(A), new developments or site alterations shall be required to develop and
implement a mitigation plan. When required, mitigation plans shall be prepared by
a qualified professional and shall be consistent with the relevant plan requirements
of the City listed in Appendix B, including a five-year monitoring plan and scaled
drawings of existing and proposed conditions. Mitigation plans shall describe
Shoreline Master Program
for Shorelines in the City of Arlington
44
actions that will ensure no net loss of ecological functions to the maximum extent
practicable at the site scale. Mitigation measures shall be maintained over the life of
the use and/or development.
D. Filling, clearing and grading. Filling, clearing and grading in vegetated shoreline
areas within shoreline jurisdiction shall be in conformance with the provisions of:
Section 5.9, Fill; Section 4.2, Ecological Protection and Critical Areas; Appendix B,
Critical Areas Regulations; and any other applicable provisions of this SMP.
E. Tree Pruning and Removal. Selective pruning of trees for safety or view protection
is allowed if consistent with the provisions of Section 4.2, Ecological Protection and
Critical Areas; Appendix B, Critical Areas Regulations; and F, below. Where trees
pose a significant safety hazard as indicated in a written report by a certified arborist
or other qualified professional, they may be removed from shoreline and critical area
buffers if the hazard cannot be removed by topping or other technique that
maintains some habitat function. All other tree removal in shoreline jurisdiction
shall be minimized through site design, and mitigated. In general, trees that are cut
down should be retained in the protected area to provide continued biological or soil
stabilization functions.
F. View Corridors. The development or maintenance of view corridors can provide
opportunities for visual access to waterbodies associated with waterfront lots. One
view corridor, limited to 25 percent of the width of the lot, or 25 feet, whichever
distance is less, may be permitted per lot, when consistent with the provisions of
Section 4.2, Ecological Protection and Critical Areas; Appendix B, Critical Areas
Regulations; and this Section. A mitigation plan as required by C above must be
submitted for review and approval; either with the appropriate shoreline permit
application or in association with a shoreline exemption proposal for a new
development or associated with an existing development.
1. In addition to the submittal of a complete mitigation plan, an applicant must
submit the following materials:
a. A graphic and/or site photos for the entire shoreline frontage which
demonstrates that the existing or proposed development does or will
not when constructed have a view corridor of the waterbody, taking
into account site topography and the location of existing shoreline
vegetation on the parcel.
b. Demonstration that where the applicant already has an accessible
shoreline access corridor per the Vegetation Conservation section, the
view corridor will include the existing shoreline access corridor to
minimize alteration of the shoreline buffer.
The Watershed Company
January 2011
45
2. Applications for view corridors must also be consistent with the following
standards:
a. Native vegetation removal shall be prohibited, unless the entire
shoreline buffer consists of native vegetation. Under those
circumstances, native vegetation removal may be allowed provided
that the view corridor is located to minimize removal of native trees
(for example, by branch removal rather than complete tree removal)
and shrubs.
b. Pruning of native trees shall be conducted by or under the
supervision of a qualified professional such that the tree’s long-term
health shall not be compromised. Native shrubs shall not be pruned
to a height less than 6 feet. No tree topping shall occur. Pruning of
vegetation waterward of the OHWM is prohibited.
c. Non-native vegetation within a view corridor may be removed when
the mitigation plan can demonstrate a net gain in site functions, and
where any impacts are mitigated.
d. Whenever possible, view corridors shall be located in areas
dominated with non-native vegetation and invasive species.
e. A view corridor may be issued once for a property. No additional
vegetation pruning for the view corridor is authorized except as may
be permitted to maintain the approved view corridor from regrowth.
Limitations and guidelines for this maintenance shall be established
in the mitigation plan.
G. Unauthorized vegetation removal. Vegetation removal conducted without the
appropriate review and approvals requires the submittal and approval of a
restoration plan prepared by a qualified professional, and must be consistent with
the provisions of Section 4.2, Ecological Protection and Critical Areas and
appropriate requirements of Appendix B, Critical Areas Regulations. The mitigation
plan must utilize only native vegetation, and should be designed to compensate for
temporal loss of function and address the specific functions adversely impacted by
the unauthorized vegetation removal.
H. Non-native vegetation. With the exception of hand removal or spot-spraying of
invasive or noxious weeds, the determination of whether non-native vegetation
removal may be allowed in a shoreline or critical area buffer must be evaluated in
conformance with Section 4.2, Ecological Protection and Critical Areas and
appropriate requirements of Appendix B, Critical Areas Regulations. Such removal
of noxious weeds and/or invasive species shall be incorporated in mitigation plans,
as necessary, to prevent erosion and facilitate establishment of a stable community of
Shoreline Master Program
for Shorelines in the City of Arlington
46
native plants. Non-native vegetation removal outside of shoreline or critical area
buffers does not require mitigation, except as noted under Subsection E above.
I. Existing uses may continue. Vegetation conservation standards shall not apply
retroactively to existing uses and developments, as long as the existing development
is meeting recorded requirements. Existing structures, uses and developments,
including residential appurtenances, may be maintained, repaired, and operated
within shoreline jurisdiction and within shoreline and critical area buffers
established in this SMP while still required to meet any recorded requirements. New
structures or developments, including, but not limited to, pools, decks, patios,
residence additions, sheds or other residential appurtenances, are not permitted in
shoreline buffers except as specifically allowed in this SMP.
J. Water-dependent uses. Consistent with the use allowances for each environment
designation, water-dependent uses and activities may be located at the water’s edge,
or as prescribed by conditions added to a permit. Accessory uses, developments and
activities should be located outside the standard or reduced shoreline buffer unless a
location in the buffer is necessary for operation of the water-dependent use or
activity (e.g., a road to a boat launch) or no other location is feasible (e.g., the water-
dependent use or activity is located on a parcel entirely or substantially encumbered
by the required buffer). All other accessory uses, developments and activities
located in a shoreline buffer must obtain a Shoreline Variance.
K. Public facilities and other water-oriented uses. Consistent with the use allowances
for each environment designation, other essential public facilities, public access
facilities, and their accessory uses and developments may be located in the shoreline
buffer if the use or activity cannot be accommodated or accomplished outside of the
standard or reduced shoreline buffer. These uses and modifications must be
designed and located to minimize intrusion into the buffer and should also be
consistent with Section 4.2, Ecological Protection and Critical Areas and Section 4.4,
Public Access.
L. Passive allowed activities. Education, scientific research, and passive recreational
activities, including, but not limited to: fishing, bird watching, hiking, boating,
horseback riding, skiing, swimming, canoeing, and bicycling, are allowed within
shoreline jurisdiction and within established shoreline buffers, provided the activity
does not alter the buffers by introducing impervious surfaces; removing native
vegetation; impacting seasonal migration or nesting of wildlife; or changing existing
topography, water conditions, or water sources.
M. Site investigation allowed. Site investigative work necessary for land use
application submittals such as surveys, soil logs, drainage tests and other related
activities, may occur within shoreline jurisdiction and within shoreline and critical
The Watershed Company
January 2011
47
area buffers established in this SMP. In every case, buffer impacts should be avoided
and/or minimized and disturbed areas shall be immediately restored.
N. Siting of roads. Where other options are available and feasible, new roads or road
expansions shall not be built within shoreline jurisdiction. Crossings, where
necessary, shall cross shoreline and critical area buffers at as near right angles as
possible, unless an alternate path would minimize disturbance of native vegetation
or result in avoidance of other critical areas such as wetlands. If no alternative exists
to placing a roadway in shoreline jurisdiction, a mitigation plan prepared by a
qualified professional must be submitted, and must be consistent with the provisions
of Section 4.2, Ecological Protection and Critical Areas and appropriate requirements
of Appendix B, Critical Areas Regulations.
O. Utilities. Where no other practical alternative exists to the excavation for and
placement of wells, tunnels, utilities, or on-site septic systems in a shoreline and
critical area buffer, these uses may be permitted if also allowed under Section 5.20,
Utilities. A mitigation plan must be prepared by a qualified professional, and must
be consistent with the provisions of Section 4.2, Ecological Protection and Critical
Areas, and appropriate requirements of Appendix B.
P. Trails. Trails and associated facilities may be permitted in shoreline buffers, but
should conform to design guidelines found in Public Access sections of this SMP. A
mitigation plan must be prepared by a qualified professional, and must be consistent
with the provisions of Section 4.2, Ecological Protection and Critical Areas, and
appropriate requirements of Appendix B, Critical Areas Regulations.
Q. Shoreline Buffer Width Reduction.
1. Roads and Railways. Where a legally established road or railway transects a
shoreline or stream buffer, the Shoreline Administrator may approve a
modification of the minimum required buffer width to the waterward edge
of the improved road or railway if the part of the buffer on the upland side of
the road or railway sought to be reduced:
a. does not provide additional protection of the shoreline waterbody or
stream; and
b. provides insignificant biological, geological or hydrological buffer
functions relating to the waterward portion of the buffer adjacent to
the shoreline waterbody or stream.
2. Other Developments. Where an existing and legally established
development occupying more than 50 percent of the width of the lot transects
a shoreline or stream buffer, the Shoreline Administrator may approve a
modification of the minimum required buffer width to the upland edge of the
Shoreline Master Program
for Shorelines in the City of Arlington
48
waterward legal lot if the part of the buffer on the upland legal lot sought to
be reduced:
a. does not provide additional protection of the shoreline waterbody or
stream; and
b. provides insignificant biological, geological or hydrological buffer
functions relating to the waterward portion of the buffer adjacent to
the shoreline waterbody or stream.
3. Reductions of up to twenty-five (25) percent of the standard buffer may be
approved if the applicant demonstrates that either:
a. enhancing the buffer (by removing invasive plants, planting native
vegetation, installing habitat features such as downed logs or snags,
or other means) will result in a reduced buffer that functions at a
higher level than the existing standard buffer; or
b. conditions unique to the site, including existing uses, developments,
or topographic barriers that may exist between the proposed
development and the OHWM, which substantially prevent or impair
delivery of most riparian functions from the subject upland property
to the waterbody.
c. The buffer averaging found in Appendix B will not accommodate the
allowed use.
4. If the applicant can demonstrate that uses cannot be accommodated or
accomplished outside of the standard buffer, buffer averaging per Appendix
B or standard reduced buffer, a reduction in the buffer width not exceeding
fifty (50) percent may be approved administratively. The approved
reduction may be no more than that necessary to accommodate the allowed
use. The City may allow an increase in height above applicable SMP height
standards (as allowed by Section 4.4.2(X)(Y) or decrease in property setback
standards if those actions will reduce or eliminate the need for the buffer
reduction. These modifications of standards may be approved without a
Shoreline Conditional Use Permit or Shoreline Variance where the
modification is consistent with underlying zoning regulations and is not
anticipated to have adverse impacts on adjacent properties.
5. 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. Mitigation plan elements, including monitoring
and maintenance, shall be included in the plan consistent with mitigation
The Watershed Company
January 2011
49
plan requirements outlined in the City of Arlington critical areas regulations
(see Appendix B). Plan elements may include one or more of the following
options provided in the chart below to achieve an equal or greater protection
of ecological functions:
a. The City shall accept previous actions that meet the provisions
established in the setback reduction option chart below as satisfying
the requirements of this section, provided the previous action was not
otherwise a requirement of the City either through specific regulation
or as mitigation and that all other provisions are completed,
including, but not limited to, the agreement noted in c. below. The
reduction allowance for previously completed reduction actions may
only be applied once on the subject property.
b. Prior to issuance of a certificate of occupancy or final inspection, the
applicant shall provide a final as-built plan of any completed
improvements authorized or required under this subsection.
c. Applicants who obtain approval for a reduction in the setback must
record the final approved setback and corresponding conditions,
including maintenance of the conditions throughout the life of the
development, unless otherwise approved by the City, in a form
acceptable to the City and recorded with the County Auditor.
6. Where opportunities to mitigate in kind and on site are not available or
adequate, the mitigation plan may include off-site or out-of-kind mitigation,
or contributions to a fee in lieu restoration program when established. When
off-site mitigation is proposed, projects included in the Restoration Plan
found in Appendix C of this SMP shall be considered first.
7. The design of uses or activities under Subsection 14.4.5.A. shall avoid existing
vegetation to the maximum extent practicable, and any impacts to existing
vegetation or ecological functions must be mitigated as outlined in Section 4.2
and Appendix B.
8. These provisions do not apply to those portions of water-dependent or public
access development that require improvements or uses adjacent to the
water’s edge, such as fuel stations for retail establishments providing gas
sales, haul-out areas for retail establishments providing boat and motor
repair and service, boat ramps for boat launches, swimming beaches or other
similar activities. Where space is available, the required native vegetation
shall be planted in the shoreline setback area that is not being used for water-
dependent or public access uses.
Shoreline Master Program
for Shorelines in the City of Arlington
50
4.6 Water Quality, Stormwater and Nonpoint Pollution
4.6.1 Policies
A. Do not degrade waters. The location, construction, operation, and maintenance of
all shoreline uses and developments should maintain or enhance the quantity and
quality of surface and groundwater over the long term.
B. Assess and mitigate stormwater impacts. New developments or expansions or
retrofits of existing development should assess the effects of additional stormwater
runoff volumes and velocities, and mitigate potential adverse affects on shorelines
through design and implementation of appropriate stormwater management
facilities.
C. Low impact development. Low Impact Development (LID) techniques should be
considered and implemented to the greatest extent practicable throughout the
various stages of development including site assessment, planning and design,
vegetation conservation, site preparation (including the avoidance of soil
disturbance), and retrofitting and built-out management techniques.
D. Minimize need for chemical applications. Shoreline use and development,
including invasive or noxious weed control, should minimize the need for chemical
fertilizers, pesticides or other similar chemical treatments to prevent contamination
of surface and ground water and/or soils and adverse effects on shoreline ecological
functions and values.
E. Provide and maintain buffers. Appropriate buffers along all wetlands, streams, and
rivers should be provided, restored, and maintained for new development in a
manner that avoids the need for chemical treatment for vegetation management and
be consistent with critical areas ordinances and best management practices.
F. Existing development. For existing development, implementation of management
plans that minimize or avoid the need for chemical treatments of vegetation in
shoreline buffers is encouraged.
4.6.2 Regulations
A. Do not degrade waters. Shoreline use and development shall incorporate measures
to protect and maintain surface and groundwater quantity and quality in accordance
with all applicable laws. (WAC 173-26-221(6)(b)(i))
B. Requirements for new development. New development shall provide stormwater
management facilities designed, constructed, and maintained in accordance with the
current stormwater management manual in effect at the time, including the use of
best management practices. Deviations from these standards may be approved
The Watershed Company
January 2011
51
where it can be demonstrated that off-site facilities would provide better treatment,
or where common retention, detention and/or water quality facilities meeting such
standards have been approved as part of a comprehensive stormwater management
plan. Additionally, new development shall implement low impact development
techniques where feasible and necessary to fully implement the core elements of the
stormwater management manual. (WAC 173-26-221(6)(b)(ii))
C. Maintenance of storm drainage facilities. Maintenance of storm drainage facilities
on private property shall be the responsibility of the property owner(s). This
responsibility and the provision for maintenance shall be clearly stated on any
recorded subdivision, short plat, or binding site plan map, building permit, property
conveyance documents, maintenance agreements and/or improvement plans.
D. Use BMPs. Best management practices (BMPs) for control of erosion and
sedimentation shall be implemented for all development in shoreline jurisdiction
through an approved temporary erosion and sediment control (TESC) plan,
identified in the stormwater management manual, as amended, or administrative
conditions, in accordance with the current federal, state, and/or local stormwater
management standards in effect at the time.
E. Low Impact Development. Low Impact Development (LID) techniques shall be
considered and implemented to the greatest extent practicable throughout the
various stages of development including site assessment, planning and design,
vegetation conservation, site preparation, retrofitting and built-out management
techniques.
F. Public stormwater systems. Existing public stormwater management systems and
facilities shall be retrofitted and improved to incorporate LID techniques whenever
feasible.
G. Sewage management. To avoid water quality degradation by malfunctioning or
failing septic systems located within shoreline jurisdiction, on-site sewage systems
shall be located and designed to meet all applicable water quality, utility, and health
standards, in addition to requirements outlined below. (WAC 173-26-221(6)(b)(ii))
H. Materials requirements. All materials that may come in contact with water shall be
constructed of materials, such as untreated wood, concrete, approved plastic
composites or steel, that will not adversely affect water quality or aquatic plants or
animals. Materials used for decking or other structural components shall be
approved by applicable state agencies for contact with water to avoid discharge of
pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper
chromium arsenic, or pentachlorophenol is prohibited in shoreline waterbodies.
(WAC 173-26-221(6)(b)(i-ii))
Shoreline Master Program
for Shorelines in the City of Arlington
52
5 SHORELINE M ODIFICATIONS AND U SES
Chapter 5 presents specific policies and regulations that apply to particular
developments, uses, or activities in any environment designation.
Each section includes policies and regulations. Policies are statements of principles that
guide and determine present and future decisions. Regulations are rules that govern
developments, uses, or activities. The Use Matrix and Development Standards found in
Subsection 3.2.6 are considered part of the regulations.
5.1 General Upland Shoreline Modification and Use Regulations
This section provides policies and standards addressing preferred layouts of shoreline
development and appropriate signage serving the intended use and recognizing
shoreline locations.
5.1.1 Policies
A. Designs Avoid Sensitive Areas. Development and uses should be designed in a
manner that directs land alteration to the least sensitive portions of the site to
maximize vegetation conservation; minimize impervious surfaces and runoff;
protect riparian, nearshore and wetland habitats; protect wildlife and habitats;
protect archaeological, historic and cultural resources; and preserve aesthetic values.
(Proposed based on principles described in Chapter 4)
B. Location of Accessory Uses. Non-water oriented accessory development or use that
does not require a shoreline location should be located landward of shoreline
jurisdiction unless such development is required to serve approved water-oriented
uses and/or developments. When sited within shoreline jurisdiction, uses and/or
developments such as parking, service buildings or areas, access roads, utilities,
signs, and materials storage should be located landward of shoreline, riparian and/or
wetland buffers and landward of water-oriented developments and/or other
approved uses. (based on use preferences in RCW 90.58.020, WAC 173-26-201(2)(d),
WAC 173-26-241 (2)(a)(iii) and 173-26-211(3)(b))
C. Minimize Impacts on Shoreline and Upland Uses. Development should be located,
designed, and managed to minimize impacts on shoreline or upland uses through
bulk and scale restrictions, setbacks, buffers, light shielding, noise attenuation, and
other measures. (WAC 173-26-211(4)(a)(iv))
D. Vistas and Viewpoints. Vistas and viewpoints should not be degraded and visual
access to the water from such vistas should not be impaired by the placement of
signs.
The Watershed Company
January 2011
53
5.1.2 Regulations
A. Design Features for Compatibility. Shoreline use and development activities shall
be designed to complement the character and setting of the property, minimize noise
and glare, and avoid impacts to view corridors. Development projects must meet
the requirements in Chapter 20.46 (Design)of land use code when applicable.
Shoreline applicants shall demonstrate efforts to minimize potential impacts to the
extent feasible, including: (WAC 173-26-211(4)(a)(iv) and 221(4)(d)(iv))
1. Building surfaces on or adjacent to the water shall employ materials that
minimize reflected light. 2. Building mechanical equipment shall be
incorporated into building architectural features, such as pitched roofs, to the
maximum extent possible. Where mechanical equipment cannot be
incorporated into architectural features, a visual screen shall be provided
consistent with building exterior materials that obstructs views of such
equipment.
3. Outdoor storage shall be screened from public view through techniques such
as landscaping, berming, fencing and/or other equivalent measures.
4. Property screening in the form of fences or berms shall not block visual
access to the shoreline, and shall be subject to Section 5.1.2.D below.
B. Preference for Water-Oriented Facility Location. Shoreline developments shall
locate the water-oriented portions of their developments along the shoreline and
place all other facilities landward or outside shoreline jurisdiction. (based on use
preferences in RCW 90.58.020, WAC 173-26-241 (2)(a)(iii) and 173-26-211(3)(b))
C. Minimize Changes to Topography. To the extent feasible, design of structures shall
conform to natural contours and minimize disturbance to soils and native
vegetation. Vehicle and pedestrian circulation systems shall be designed to
minimize clearing, grading and alteration of topography and natural features,
especially natural drainage patterns and springs. Roadway and driveway alignment
shall follow the natural contours of the site and minimize width to the extent feasible
while meeting applicable government standards. (based on principles of
environmental impact mitigation in WAC 173-26-201(2)(e), vegetation conservation
in WAC 173-26-221(5), low impact development principles, and example SMPs)
D. Soil Disturbance. All disturbed areas shall be restored and protected from erosion
using vegetation and other means.
E. View Corridors. Where commercial, industrial, mixed use, multi-family and/or
multi-lot developments are proposed, primary structures shall provide for view
corridors between buildings through the use of building separation, setbacks, upper
story setbacks, pitched roofs, and other mitigation. Per WAC 173-27-180, applicants
Shoreline Master Program
for Shorelines in the City of Arlington
54
shall provide a depiction of the impacts to views from existing residential uses and
public areas. (WAC 173-26- 221(4)(d)(iv))
F. Lighting. Interior and exterior lighting shall be designed and operated to avoid
illuminating nearby properties or public areas, prevent glare on adjacent properties,
public areas, critical area buffers or roadways to avoid infringing on the use and
enjoyment of such areas, adversely impacting wildlife (including breeding and
migration) and to prevent hazards. Methods of controlling spillover light include,
but are not limited to, limits on height of structure, limits on light levels of fixtures,
light shields, setbacks, buffer areas and screening. (WAC 173-26-211(4)(a)(iv)
5.2 General Aquatic Shoreline Modification and Use
Regulations
These policies and regulations apply to all modifications and uses taking place
waterward of the OHWM, whether or not a shoreline permit or written statement of
exemption is required.
5.2.1 Policies
A. Protect beneficial uses, including ecological functions and water-dependent uses.
Shoreline modifications and uses should be designed, located and operated in a
manner that supports long-term beneficial use of the shoreline and protects and
maintains shoreline ecological functions and processes. Modifications 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, adversely impact
other habitat conservation areas, or interfere with navigation or other water-
dependent uses.
B. Minimize and mitigate unavoidable impacts. All significant adverse impacts to the
shoreline should be avoided or, if that is not possible, minimized to the extent
feasible and then mitigated.
C. Protect water quality and hydrograph. Shoreline modifications and uses should be
designed and managed to prevent degradation of water quality and alteration of
natural hydrographic conditions, including the disturbance of recharge and
discharge points of groundwater.
5.2.2 Regulations
The following regulations shall apply to in-water work, including, but not limited to,
installation of new structures, repair of existing structures, restoration projects, and
aquatic vegetation removal:
A. Siting and design requirements. In-water structures and activities shall be sited
and designed to avoid the need for future shoreline stabilization activities and
The Watershed Company
January 2011
55
dredging, giving due consideration to watershed functions and processes, with
special emphasis on protecting and restoring priority habitat and species.
Modifications and uses located in the Aquatic environment shall be the minimum
size necessary.
B. Buffers do not apply. Water-dependent in-water structures, activities and uses are
not subject to the shoreline buffers established in this SMP. However, approval
would be required to remove or modify any LWD recruited from or partially laying
within a buffer area.
C. Obtain all required permits. Projects involving in-water work must obtain all
applicable state and federal permits or approvals, including, but not limited to, those
from the U.S. Army Corps of Engineers, Ecology, Washington Department of Fish
and Wildlife, or Washington Department of Natural Resources.
D. Adhere to timing restrictions. Projects involving in-water work shall comply with
timing restrictions as set forth by state and federal project approvals.
E. Structure removal. Removal of existing structures shall be accomplished so the
structure and associated material does not re-enter the waterbody.
F. Disposal of waste material. Waste material, such as construction debris, silt, excess
dirt or overburden resulting from in-water structure installation, shall be deposited
outside of shoreline jurisdiction in an approved upland disposal site. Proposals to
temporarily store waste material or re-use waste materials within shoreline
jurisdiction may be approved provided that use of best management practices is
adequate to prevent erosion and habitat or water quality degradation.
G. Hazardous materials. Extreme care shall be taken to ensure that no petroleum
products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals,
or any other toxic or deleterious materials are allowed to enter or leach into the
waterbody during in-water activities. Necessary refueling of motorized equipment,
other than watercraft, shall be done as far from the adjacent waterbody as is possible.
Appropriate spill clean-up materials must be on-site at all times, and any spills must
be contained and cleaned immediately after discovery.
H. Prevent siltation of adjacent areas. In-water work shall be conducted in a manner
that causes little or no siltation to adjacent areas. A sediment control curtain shall be
deployed in those instances where siltation is expected. The curtain shall be
maintained in a functional manner that contains suspended sediments during
project installation.
I. Treatment of below-OHWM excavations. Any trenches, depressions, or holes
created below the OHWM shall be backfilled prior to inundation by high water or
wave action.
Shoreline Master Program
for Shorelines in the City of Arlington
56
J. Concrete management. Fresh concrete or concrete by-products shall not be allowed
to enter the waterbody at any time during in-water installation. All forms used for
concrete shall be completely sealed to prevent the possibility of fresh concrete from
entering the waterbody.
K. Protection of bank and vegetation. Alteration or disturbance of the bank and bank
vegetation shall be limited to that necessary to perform the in-water work. All
disturbed areas shall be restored and protected from erosion using vegetation or
other means.
L. Trash removal required. All trash and unauthorized fill, including concrete blocks
or pieces, bricks, asphalt, metal, treated wood, glass, and paper, found below the
OHWM at the time of project implementation shall be removed if the project
includes use of equipment suited for that purpose. Where the trash or fill is visibly
providing some habitat function, consult with the Arlington Natural Resources
Manager, Washington Department of Fish and Wildlife and/or the U.S. Army Corps
of Engineers before removing. Disposal should occur in an approved upland
disposal location, landward of the OHWM and the channel migration zone. See
Sections 5.8, Dredging and Dredge Material Disposal and 5.9, Fill for additional
policies and regulations regarding dredging, fill and disposal.
M. Notification when fish harmed. If at any time, as a result of in-water work, fish are
observed to be in distress or killed, immediate notification shall be made to
appropriate state or federal agency(ies), including the Washington Department of
Fish and Wildlife, National Marine Fisheries Service and/or U.S. Fish and Wildlife
Service.
N. Notification when water quality standards are exceeded. If at any time, as a result
of in-water work, water quality problems develop, immediate notification shall be
made to the appropriate state or federal agency(ies), including Ecology, National
Marine Fisheries Service and/or U.S. Fish and Wildlife Service.
O. Retain natural features. Natural in-water features such as snags, uprooted trees, or
stumps should be left in place unless it can be demonstrated that they are causing
significant bank erosion or higher flood stages or pose a hazard to navigation or
human safety.
P. Mitigation. All aquatic shoreline modifications and uses are subject to the
mitigation sequencing requirements in Section 4.2, Ecological Protection and Critical
Areas, with appropriate mitigation required for any unavoidable impacts to
ecological functions. If critical areas in shoreline jurisdiction are impacted, the
project is also subject to relevant requirements of Appendix B, Critical Areas
Regulations.
The Watershed Company
January 2011
57
5.3 Agriculture
Agriculture is generally prohibited in shoreline jurisdiction under this SMP. The
Country Charm Community Master Plan allows for continued harvest of pasture grasses
and a Community Garden as allowed in the Urban Conservancy - Low Intensity
designation. Native plant propagation will also be allowed within the Urban
Conservancy Low Intensity designation.
5.4 Aquaculture
Aquaculture is prohibited in shoreline jurisdiction under this SMP.
5.5 Boating Facilities
Boating facilities shall be subject to the policies and regulations of this section. All
boating facilities that extend onto state-owned aquatic lands must also comply with
Washington Department of Natural Resources standards and regulations.
5.5.1 Policies
A. Recognize that boating facilities are water-dependent uses. Boating facilities,
including public boat launches, are water-dependent uses. When facilitating public
access or providing an opportunity for substantial numbers of people to enjoy the
shoreline, these uses should be given priority for shoreline location. Shorelines
particularly suitable for public boat launches are limited and should be identified
and reserved to prevent irreversible commitment for other uses having less stringent
site requirements.
B. Plan and coordinate boat launches regionally. Regional needs for boat launch
facilities should be carefully considered in reviewing new proposals as well as in
allocating shorelines for such development. Such facilities should be coordinated
with park and recreation plans and, where feasible, collocated with other compatible
water-dependent uses. Review of such facilities should be coordinated with
recreation providers, including other local governments, Tribes, adjacent counties,
the Washington State Parks and Recreation Commission, and the Washington State
Department of Natural Resources, to avoid unnecessary duplication and to
efficiently provide recreational resources while minimizing adverse impacts to
shoreline ecological functions and processes. (consistent with principles in WAC 173-
26-231(2)(b, d))
C. Minimize in-water modifications. Boating facilities that minimize the amount of
shoreline modification, in-water structure, and overwater cover are preferred.
(consistent with principles in WAC 173-26-231(2)(b, d))
D. Limitations on accessory uses. Accessory uses at boating facilities should be limited
to water-oriented uses, or uses that provide physical and/or visual shoreline access
for substantial numbers of the general public. Non-water-dependent accessory uses
Shoreline Master Program
for Shorelines in the City of Arlington
58
should be located outside of shoreline jurisdiction or outside of the shoreline buffer
whenever possible.
E. Minimize impacts to adjacent uses and users. Boating facilities should be located,
designed, constructed and maintained to avoid adverse proximity impacts such as
noise, light, and glare; aesthetic impacts to adjacent land uses; and impacts to public
visual access to the shoreline.
F. Site facilities appropriately. New boating facilities should be located only at sites
where suitable environmental conditions, shoreline configuration, access, and
neighboring uses are present. (WAC 173-26-241(3)(c)(i))
G. No net loss of ecological functions. Boating facilities should be located and
designed to ensure no net loss of ecological functions or other significant adverse
impacts, and should, where feasible, enhance degraded and/or scarce shoreline
features. (WAC 173-26-241(3)(c)(vi))
H. Consider navigation and other recreation. Boating facilities should not unduly
obstruct navigable waters and should consider adverse effects to recreational
opportunities such as fishing, pleasure boating, swimming, beach walking,
picnicking, and shoreline viewing.
I. Signage. All boating access area should provide sufficient signage displaying the
regulations and ecological conditions of the waters that are being accessed.
J. Sanitary facilities. All boating access area should provide sanitary facilities to
protect the water quality.
5.5.2 Regulations
A. Location Standards. (based on WAC 173-26-241(3)(c)(i, ii, iv))
1. Boating facilities shall not be permitted within the following shoreline
habitats because of their scarcity, biological productivity and sensitivity
unless no alternative location is feasible, the project would result in a net
enhancement of shoreline ecological functions, and the proposal is otherwise
consistent with this SMP:
a. wetlands with emergent vegetation (marsh type areas), or
b. spawning and holding areas for anadromous fish.
2. New boating facilities shall not be permitted in areas of active channel
migration, or areas where dredging will be required, where a flood hazard
The Watershed Company
January 2011
59
will be created, or where impacts to shoreline ecological functions and
processes cannot be mitigated.
3. Boating facilities shall be located and designed with the minimum necessary
shoreline stabilization to adequately protect facilities, users, and watercraft
from floods or destructive storms.
4. New boating facilities shall not be located within 200 feet of beaches
commonly used for swimming, valuable fishing areas, aquaculture facilities,
or commercial navigation areas unless no alternative location exists and
mitigation is provided to minimize impacts to such areas and protect the
public health, safety, and welfare.
5. Boating facilities shall be located only where adequate utility services are
available, or where they can be provided concurrent with the development.
6. Long-term boat storage located landward of the OHWM is regulated as a
nonwater-oriented commercial use under Section 5.7 of this SMP.
B. Facility Design.
1. Consistent with requirements for mitigation sequencing in Section 4.2,
Ecological Protection and Critical Areas, and provisions in Section 5.2,
General Aquatic Shoreline Modification and Use Regulations of this SMP, all
boating facilities shall be designed and located to avoid and minimize
impacts. All unavoidable impacts must be mitigated.
2. All boating facilities shall be the minimum size necessary to accommodate
the anticipated demand. Specifically, the amount of overwater cover, the size
and number of in-water structures, the waterward length of the facility, and
the extent of any necessary associated shoreline stabilization or modification
shall be minimized. Specific sizing of all boating facility components shall be
based on the results of the analyses conducted under F.1 and F.2 below.
C. Site Design and Operation.
1. Boating facilities shall be designed so that lawfully existing or planned public
shoreline access is not blocked, obstructed nor made dangerous. (WAC 173-
26-241(3)(c)(i, iv)
2. Boat launches shall provide physical and/or visual public access for as many
water-oriented recreational uses as possible, commensurate with the scale of
the proposal. Features for access could include, but are not limited to, walk-
on access, fishing platforms, and viewing platforms.
Shoreline Master Program
for Shorelines in the City of Arlington
60
3. Public or community access areas shall provide space and facilities for
physical and visual access to waterbodies, including feasible types of shore
recreation.
4. Accessory uses at boat launches shall be limited to water-oriented uses or
uses that support physical or visual shoreline access for substantial numbers
of the general public. Accessory development may include, but is not limited
to, parking, stormwater management facilities, and utilities where these are
necessary to support the water-oriented use.
D. Parking and Vehicle Access. (WAC 173-26-241(3)(c)(i))
1. The traffic generated by such a facility must be accommodated by the streets
serving the proposed facility in accordance with City adopted levels of
service. It will be allowed to build access roads using minimum impact LID
designs if those roads are located in a critical area.
2. At public boat launches, trailer parking spaces at least 10 feet by 40 feet shall
be provided commensurate with projected demand.
3. Bicycle parking shall be provided commensurate with the anticipated
demand.
E. Waste Disposal. (WAC 173-26-241(3)(c)(ii, vi))
1. Discharge of solid waste into a waterbody is prohibited. Garbage or litter
receptacles shall be provided and maintained by the operator at several
locations convenient to users.
2. Disposal or discarding of fish-cleaning wastes, scrap fish, viscera, or unused
bait into water or in other than designated garbage receptacles is prohibited.
F. Submittal Requirements.
1. Applicants shall provide an assessment of market demand for new or
expanded boating facilities, including, but not limited to, the following:
(consistent with WAC 173-26-231(2)(b))
a. The proposed supply, as compared to the existing supply, within the
service range of the proposed facility
b. The expected service population and boat ownership characteristics of
the population and allowed use in the water body; and
The Watershed Company
January 2011
61
c. Existing approved facilities, or pending applications, within the
service area of the proposed new facility.
2. Applicants for new or expanded boating facilities shall provide habitat
surveys, critical area studies, and mitigation plans as required by the City
consistent with Section 4.2, Ecological Protection and Critical Areas, and
Appendix B Critical Areas Regulations as applicable. The mitigation plan
shall discuss how the proposed project avoids and minimizes impacts
consistent with the facility’s sizing needs, which are to be based on the results
of any habitat survey/critical area study and the market demand analysis
prepared under F.1 above. A slope bathymetry map may be required when
deemed beneficial by the Shoreline Administrator for the review of the
project proposal.
3. Applicants for new or expanded boating facilities shall provide an
assessment of existing water-dependent uses in the vicinity, including, but
not limited to, navigation, fishing, pleasure boating, swimming, beach
walking, picnicking and shoreline viewing, and scientific assessment, and
document potential impacts and mitigating measures. The City will assist
the applicant in identification of area water-dependent uses. Impacts on
these resources shall be considered in review of proposals and specific
conditions to avoid or minimize impacts may be imposed.
4. New boat launches shall be approved only if they provide public access to
public waters that are not adequately served by existing access facilities, or if
use of existing facilities is documented to exceed the designed capacity. Prior
to providing boat launches at a new location, documentation shall be
provided demonstrating that expansion of existing launch facilities would
not be adequate to meet demand. (consistent with WAC 173-26-231(2)(b))
5.6 Breakwaters, Jetties, Groins, Weirs
Breakwaters, jetties, groins, and weirs are prohibited in shoreline jurisdiction under this
SMP.
5.7 Clearing and Grading
5.7.1 Policies
A. All clearing and grading activities should be designed and conducted to minimize
impacts to wildlife habitat, sedimentation of water bodies, and degradation of water
quality.
B. Clearing and grading activities in shoreline areas should be limited to the minimum
necessary to accommodate shoreline development. Such activities should be
Shoreline Master Program
for Shorelines in the City of Arlington
62
discouraged in designated (structural) setback areas and allowed in other shoreline
locations only when associated with a permitted shoreline development.
C. Adverse environmental and shoreline impacts of clearing and grading should be
avoided wherever possible through proper site planning, construction timing and
practices, bank stabilization, soil bioengineering and use of erosion and drainage
control methods. Maintenance of drainage controls should be a high priority to
ensure continuing, effective protection of habitat and water quality.
D. Cleared and disturbed sites remaining after completion of construction should be
promptly replanted with native vegetation or with other species as approved by the
City.
E. All clearing and grading activities should be designed with the objective of
maintaining natural diversity in vegetation species, age, and cover density.
F. For proposed land clearing, landfill, or grading activities over fifty (50) cubic yards
in quantity, or a cut of three (3) feet or more, or a fill of two (2) feet or more, a
clearing and grading plan addressing species removal, replanting, irrigation, erosion
and sedimentation control and other methods of riparian corridor protection should
be required.
5.7.2 Regulations
A. All clearing and grading activities must adhere to the requirements of the City's
codes pertaining to land clearing and grading.
B. Clearing and grading activities may only be allowed when associated with a
permitted shoreline development.
C. Clearing and grading and alteration of natural drainage features and landforms shall
be limited to the minimum necessary for development. Surfaces cleared of
vegetation and not developed must be replanted with native species or other species
as approved by the City within one (1) year. Replanted areas shall be planned and
maintained such that, within three (3) years time, the vegetation is at least ninety (90)
percent reestablished.
D. More specific and stringent clearing and grading performance standards, including
relevant requirements from the City of Arlington Critical Areas Regulations as
contained in Appendix B, may be required as a condition of permit issuance to
ensure the proposal will result in no net loss of shoreline ecological functions.
E. Normal nondestructive pruning and trimming of vegetation for maintenance
purposes shall not be subject to these clearing and grading regulations. In addition,
The Watershed Company
January 2011
63
clearing by hand-held equipment of invasive nonnative shoreline vegetation or
plants listed on the State Noxious Weed List is permitted in shoreline locations.
F. Any significant placement of materials from off-site (other than surcharge or
preload), or the substantial creation or raising of dry upland shall be considered fill
and shall also comply with the fill provisions in Section 5.10.
G. Alteration of the natural landscape shall only be allowed in association with a
permitted shoreline use or development with limited exceptions as set forth below:
1. 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
management practices and native vegetation is promptly reestablished in the
disturbed area.
2. Modification of vegetation in association with a legal, non-conforming use or
development provided that said modification is conducted in a manner
consistent with this SMP and results in no net loss to ecological functions or
critical fish and wildlife habitats.
3. Maintenance or restoration of viewsheds situated on public lands provided
that said activity is conducted in a manner consistent with this SMP and
results in no net loss to ecological functions or critical fish and wildlife
habitat areas.
H. In all cases where clearing is followed by revegetation, native plants shall be
preferred. Extensive lawns are discouraged due to their limited erosion control
value, limited water retention capacity, and associated chemical and fertilizer
applications.
I. Clearing and grading within areas classified by the City’s Critical Areas Regulations
as environmentally sensitive areas or their buffers unless no other feasible
alternative exists and then only when the proposal complies with all City codes.
5.8 Commercial Development
5.8.1 Policies
A. Commercial Use Preferences. Preference should be given for water-dependent
commercial uses above water-related uses. Water-related uses should have priority
above water-enjoyment uses. All water-oriented commercial uses have preference
over nonwater-oriented commercial uses. (WAC 173-26-241(3)(d))
B. Parking. Parking facilities should be located landward or outside shoreline
jurisdiction unless supporting an authorized use.
Shoreline Master Program
for Shorelines in the City of Arlington
64
5.8.2 Regulations
A. Water Oriented Uses Allowed. Water-dependent, water-related, and water-
enjoyment uses are permitted where allowed by zoning and this SMP. Water-
dependent commercial uses shall be given preference over water-related and water-
enjoyment uses. The applicant shall demonstrate to the satisfaction of the City that
proposed uses meet the definitions of water-dependent, water-related or water-
enjoyment (water-oriented use). (WAC 173-26-241(3)(d))
B. Residential Uses as Part of Mixed Use Development. Nonwater-oriented uses,
including but not limited to residential uses, may be located with water-oriented
commercial uses provided:
1. The mixed-use project includes one or more water-dependent uses.
2. Water-dependent commercial uses as well as other water-oriented
commercial uses have preferential locations along the shoreline.
3. The underlying zoning district permits residential uses together with
commercial uses.
4. Public access is provided for significant number of persons in accordance
with Section 4.4.2, and/or ecological restoration is provided as a public
benefit.
5. Residential uses meet requirements of Section 5.16 of this SMP.
C. Nonwater-Oriented Commercial Uses Limited. In areas designated for commercial
use, nonwater-oriented commercial uses are allowed if the site is physically
separated from the shoreline by another property or public right of way. On
properties fronting the shoreline, new nonwater-oriented commercial development
is prohibited in shoreline jurisdiction, except where such use provides a significant
public benefit with respect to the Act's objectives, such as providing public access
(including viewing, such as a restaurant with viewing deck where allowed) and
ecological restoration and meets one of the following conditions: (WAC 173-26-
241(3)(d)).
1. The use is part of a mixed-use project that includes water-dependent uses; or
2. Navigability is severely limited at the proposed site.
D. Overwater Uses. Nonwater-dependent commercial uses shall not be located over
water except in the limited instances where they are auxiliary to and necessary in
support of water-dependent uses. (WAC 173-26-241(3)(d))
The Watershed Company
January 2011
65
E. Accessory Uses to Water-Oriented Commercial Activities. Accessory commercial
development that does not require a shoreline location shall be located landward of
the water-oriented portions of the development and comply with shoreline
environment buffers for nonwater-oriented uses. Accessory uses may be allowed in
existing structures or where necessary in support of water-oriented uses. Accessory
development includes, but is not limited to, parking, storage and service areas, and
circulation. (WAC 173-26-201(2)(d), WAC 173-26-241 (2)(a)(iii), WAC 173-26-
211(3)(b)), and WAC 173-26-241(3)(d))
F. Environmental Protection. Commercial development shall be located, designed,
and constructed in a manner that assures no net loss of shoreline ecological functions
and without significant adverse impacts to other preferred land uses and public
access features. (WAC 173-26-241(3)(d))
G. Public Access. See Section 4.4. (WAC 173-26-241(3)(d))
5.9 Dredging and Dredge Material Disposal
5.9.1 Policies (based on WAC 173-26-231(2) and (3)(f))
A. Dredging should be permitted for water-dependent uses of economic importance to
the region and/or essential public facilities only when necessary and when
alternatives are infeasible or less consistent with this SMP.
B. Dredging of bottom materials for the primary purpose of obtaining material for
landfill, construction, or beach nourishment should not be permitted.
C. Minor dredging as part of ecological restoration or enhancement, beach
nourishment, public access or public recreation should be permitted if consistent
with this SMP.
D. Spoil disposal on land outside of shoreline jurisdiction is generally preferred over
open water disposal. Disposal of dredged material on shorelands or wetlands
within a river’s channel migration zone should be discouraged.
E. Long-term cooperative management programs that rely primarily on natural
processes, and involve land owners and applicable local, State and Federal agencies
and tribes should be pursued to prevent or minimize conditions which make
dredging necessary.
F. New development should be sited and designed to avoid or, where avoidance is not
possible, to minimize the need for new maintenance dredging.
G. Dredging and dredge material disposal shall be done in a manner that avoids or
minimizes significant ecological impacts. Impacts that cannot be avoided should be
mitigated in a manner that assures no net loss of shoreline ecological functions.
Shoreline Master Program
for Shorelines in the City of Arlington
66
H. Dredging for the purpose of establishing, expanding, relocating or reconfiguring
navigation channels and basins should be allowed where necessary for assuring safe
and efficient accommodation of existing navigational uses and then only when
significant ecological impacts are minimized and when mitigation is provided.
I. Maintenance dredging of established navigation channels and basins should be
restricted to maintaining previously dredged and/or existing authorized locations,
depths and widths. Dredging activities should be done in a manner that would help
restore desired salmonid habitat as described in the Stillaguamish Chinook Recovery
Plan.
5.9.2 Regulations (based on WAC 173-26-231(2) and (3)(f))
A. Siting and design. New development shall be sited and designed to avoid or, if that
is not possible, to minimize the need for new and maintenance dredging.
B. Allowed dredging activities. Dredging shall only be permitted for the following
activities:
1. Development of new or expanded water-dependent industries of economic
importance to the region only when there are no feasible alternatives or other
alternatives may have a greater ecological impact and only where necessary
for assuring safe and efficient accommodation of existing navigational uses
and then only when significant ecological impacts are minimized and when
mitigation is provided.
2. Development of essential public facilities when there are no feasible
alternatives.
3. Maintenance dredging of established navigation channels and basins to
maintain previously dredged and/or existing authorized location, depth, and
width (An example would be restoration of South Slough to historic
navigable conditions).
4. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural
purposes.
5. Restoration or enhancement of shoreline ecological functions and processes
benefiting water quality and/or fish and wildlife habitat. Dredging activity to
drain wetlands shall not be allowed.
6. Minor trenching to allow the installation of necessary underground utilities if
no alternative, including boring, is feasible, and:
The Watershed Company
January 2011
67
7. Impacts to fish and wildlife habitat are avoided to the maximum extent
possible.
8. The utility installation shall not increase or decrease the natural rate, extent,
or opportunity of channel migration.
9. Appropriate best management practices are employed to prevent water
quality impacts or other environmental degradation.
10. Establishing, expanding, relocating or reconfiguring navigation channels
where necessary to assure safe and efficient accommodation of existing
navigational uses. Maintenance dredging of established navigation channels
and basins shall be restricted to maintaining previously dredged and/or
existing authorized location, depth, and width.
11. Dredging for the purpose of obtaining fill material is prohibited.
C. Maintain ecological functions and processes. The physical alignment and
ecological functions and processes of shoreline waterbodies shall be maintained,
except to improve hydraulic function, water quality, fish or wildlife habitat, or fish
passage. Consistent with the mitigation sequencing steps outlined in Section 4.2.2,
Ecological Protection and Critical Areas, dredging and dredge disposal proposals
should be first designed to avoid and minimize impacts, prior to pursuing
mitigation. When required, mitigation plans shall be prepared by a qualified
professional and shall be consistent with the relevant plan requirements of the
appropriate responsible government in Appendix B, Critical Areas Regulations.
D. Conditions may be applied. Limitations on dredge or disposal operation may be
imposed to reduce proximity impacts, protect the public safety and assure
compatibility with the interests of other shoreline users. Conditions may include
limits on periods and hours of operation, type of machinery, and may require
provision of landscaped buffer strips and/or fencing to address noise and visual
impacts at land disposal or transfer sites.
E. Circumstances when disposal is allowed. Dredge material disposal within
shoreline jurisdiction is permitted under the following conditions:
1. Shoreline ecological functions and processes will be preserved, restored or
enhanced, including protection of surface and groundwater.
2. Erosion, sedimentation, floodwaters or runoff will not increase adverse
impacts to shoreline ecological functions and processes or property.
F. Submittal requirements. The following information shall be required for all
dredging applications:
Shoreline Master Program
for Shorelines in the City of Arlington
68
1. A description of the purpose of the proposed dredging and an analysis of
compliance with the policies and regulations of this SMP.
2. A detailed description of the existing physical character, shoreline
geomorphology and biological resources provided by the area proposed to be
dredged, including:
a. A site plan map outlining the perimeter of the proposed dredge area.
The map must also include the existing bathymetry and have data
points at a minimum of 2-foot depth increments.
b. A habitat survey, critical areas study, fish and wildlife management
plan during dredging operations, and/or mitigation plans.
c. Information on stability of bedlands adjacent to proposed dredging
and spoils disposal areas.
3. A detailed description of the physical, chemical and biological characteristics
of the dredge materials to be removed.
a. Physical analysis of material to be dredged: material composition and
amount, grain size, organic materials present, source of material, etc.
b. Chemical analysis of material to be dredged: volatile solids, chemical
oxygen demand (COD), grease and oil content, mercury, lead and
zinc content, etc.
c. Biological analysis of material to be dredged.
4. A description of the method of materials removal, including facilities for
settlement and movement.
5. Dredging procedure: length of time it will take to complete dredging, method
of dredging, and amount of materials removed.
6. Frequency (including an estimate of the effective life expectancy of the
dredging) and quantity of project maintenance dredging.
7. Detailed plans for dredge spoil disposal, including specific land disposal sites
and relevant information on the disposal site, including, but not limited to:
a. Dredge material disposal area;
b. Physical characteristics including location, topography, existing
drainage patterns, surface and ground water;
The Watershed Company
January 2011
69
c. Size and capacity of disposal site;
d. Means of transportation to the disposal site;
e. Proposed dewatering and stabilization of dredged material;
f. Methods of controlling erosion and sedimentation; and
g. Future use of the site and conformance with land use policies and
regulations.
8. Total initial dredge volume.
9. Plan for disposal of maintenance spoils for at least a fifty (50)-year period, if
applicable.
10. Hydraulic modeling studies sufficient to identify existing geo-hydraulic
patterns and probable effects of dredging.
5.10 Fill
Fill regulations in this section apply to fills in aquatic and upland environments. “Fill”
is 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.
5.10.1 Policies (based on WAC 173-26-231(2) and (3)(c))
A. Fill and excavation should only be permitted to the minimum extent necessary to
accommodate an approved shoreline use or development and with assurance of no
net loss of shoreline ecological functions and processes. Enhancement and voluntary
restoration of landforms and habitat are encouraged.
B. Fills and excavation should be located and developed so that water quality,
hydrologic and runoff patterns are not altered.
C. Fill should not be allowed where shoreline stabilization work would be required to
maintain the materials placed.
D. Excavation and grading may be permitted landward of the OHWM of a waterbody
for projects with the primary purpose of restoring ecological functions and natural
character.
E. Fill in waterbodies, floodways, channel migration zones, and/or wetlands should not
be permitted for creation of new uplands, unless it is part of an approved ecological
restoration activity.
Shoreline Master Program
for Shorelines in the City of Arlington
70
F. Fill should not be placed over existing forest duff or native plant herb layer in not in
the direct footprint of the approved project.
G. Fill should be permitted in limited instances to restore uplands where recent erosion
has rapidly reduced upland area, to build protective berms and nourish beaches for
shore stabilization or recreation, to restore or enhance degraded shoreline ecological
functions and processes, or to moderately elevate low uplands to make such uplands
more suitable for purposes consistent with this SMP. In these instances the fill
should include a re-vegetation plan to restore site stability.
H. The predicted economic benefits of fills and excavation should be weighed against
long-term cumulative impacts on ecological processes and functions.
5.10.2 Regulations (based on WAC 173-26-231(2) and (3)(c))
A. All fills shall be located, designed and constructed to protect shoreline ecological
functions and ecosystem-wide processes, including channel migration. Fill shall be
minimized to the maximum extent practicable and necessary to accommodate
approved shoreline uses and development activities that are consistent with this
SMP.
B. Fill and excavation within floodways, channel migration zones, or waterward of the
OHWM shall only be permitted in limited instances for the following purposes and
when other required state or federal permits have been obtained, with due
consideration given to specific site conditions, and only along with approved
shoreline use and development activities that are consistent with this SMP.
C. Water-dependent uses, public access, and cleanup and disposal of contaminated
sediments as part of an interagency environmental clean-up plan.
D. Disposal of dredged material considered suitable under, and conducted in
accordance with, the Dredged Material Management Program of the Department of
Natural Resources.
E. Expansion or alteration of transportation facilities of statewide significance currently
located on the shoreline where alternatives to fill are infeasible.
F. Ecological restoration or enhancement, including, but not limited to, beach
nourishment, habitat creation, culvert upgrades to improve fish and flow passage, or
bank restoration when consistent with an approved restoration plan.
G. Maintenance of lawfully established development.
H. Excavation that occurs either waterward of the OHWM or within wetlands shall be
considered dredging for purposes of this SMP.
The Watershed Company
January 2011
71
I. Fills or excavation shall not be located where shoreline stabilization will be necessary
to protect materials placed or removed. Disturbed areas shall be immediately
protected from erosion using weed-free straw, mulches, hydroseed, or similar
methods and revegetated, as applicable.
J. Fills, beach nourishment and excavation shall be designed to blend physically and
visually with existing topography whenever possible, so as not to interfere with long
term appropriate use including lawful access and enjoyment of scenery.
K. Cut and fill slopes shall generally be sloped no steeper than one foot vertical for
every three feet horizontal (1:3) unless a specific engineering analysis has been
provided, and it can be determined that the fill blends physically and visually with
existing topography.
L. A temporary erosion and sediment control (TESC) plan, including BMPs, consistent
with the stormwater management manual shall be provided for all proposed fill and
excavation activities, and approved by the Shoreline Administrator prior to
commencement of activity.
5.11 Forest Practices
Forest practices are prohibited in shoreline jurisdiction under this SMP.
5.12 Industry
5.12.1 Policies
A. Industrial Use Preference. Industries are an appropriate land use along shorelines
where compatible with existing land use plans and zoning. However, first priority
should be given to water-dependent industries over nonwater-dependent uses, and
second priority to water-related industries over nonwater-oriented uses. (WAC 173-
26-241(3)(f))
B. Environmental Limitations. Lands designated for industrial development should
not include shoreline areas with severe environmental limitations, such as critical
areas. (WAC 173-26-241(3)(f))
C. Clean up and Restoration. Industrial development and redevelopment should be
encouraged to locate where environmental cleanup and restoration of the shoreline
area can be incorporated. (WAC 173-26-241(3)(f))
5.12.2 Regulations
A. Water-Dependent or Water-Related Uses Allowed. Industrial facilities and
structures that are water-dependent or water-related are permitted where allowed
by zoning and this SMP. The applicant shall demonstrate to the satisfaction of the
Shoreline Master Program
for Shorelines in the City of Arlington
72
City that proposed uses are water-dependent and/or water-related. (WAC 173-26-
241(3)(f))
B. Nonwater-Oriented Industrial Uses Limited. In areas designated for industrial use,
nonwater-oriented industrial uses are allowed only if the site is physically separated
from the shoreline by topography, another property or public right-of-way or
railroad prior to adoption of this SMP. On properties fronting the shoreline, new
nonwater-oriented industrial development is prohibited in shoreline jurisdiction,
except where such use provides a significant public benefit with respect to the Act's
objectives, such as providing public access and ecological restoration, and meets one
of the following conditions:
1. The use is part of a mixed-use project that includes water-dependent uses; or
2. Navigability is severely limited at the proposed site.
C. Accessory Uses to Water-Dependent or Water-Related Industrial Activities.
Accessory industrial development that does not require a shoreline location shall be
located upland of the water-dependent or water-related portions of the development
and comply with shoreline environment buffers for nonwater-oriented uses.
Accessory development includes, but is not limited to, parking, warehousing, open-
air storage, waste storage and treatment, and transportation corridors. (WAC 173-26-
201(2)(d), WAC 173-26-241 (2)(a)(iii), WAC 173-26-211(3)(b), and WAC 173-26-
241(3)(f))
D. Environmental Protection. Industrial development shall be located, designed, and
constructed in a manner that assures no net loss of shoreline ecological functions and
without significant adverse impacts to other preferred land uses and public access
features. (WAC 173-26-241(3)(f))
E. Public Access. See SMP Section 4.4. (WAC 173-26-241(3)(f))
5.13 Institutional
5.13.1 Policies
A. Institutional Uses Appropriate. Institutional uses are an appropriate land use along
shorelines where compatible with shoreline functions and existing land use plans
and codes.
B. Encouraged Institutional Resources. Institutional uses that foster appreciation of
shoreline historic, cultural, scientific, and educational resources are encouraged.
The Watershed Company
January 2011
73
5.13.2 Regulations
A. Accessory Uses. Accessory uses may be allowed in structures or where necessary in
support of institutional uses. Accessory development includes, but is not limited to,
parking, storage and service areas, and circulation.
B. Environmental Protection. Institutional development shall be located, designed,
and constructed in a manner that assures no net loss of shoreline ecological functions
and without significant adverse impacts to preferred land uses and public access
features.
C. Public Access. See Section 4.4.
5.14 In-Water Structures
In-water structures include those placed by humans within streams and rivers for
hydroelectric generation, irrigation, water supply, flood control, transportation, utilities,
fish habitat enhancement, recreation, or other purpose. Structures placed waterward of
the OHWM have the potential to cause water impoundment or the diversion,
obstruction, or modification of water flow.
5.14.1 Policies
A. In-water structures should be planned and designed to be compatible with
appropriate multiple uses of resources over the long-term, especially in Shorelines of
Statewide Significance. Appropriate multiple uses include, but are not limited to,
public access, recreation, and fish migration.
B. The location, design, construction and maintenance of in-water structures should
give due consideration to the full range of public interests; watershed processes,
including prevention of damage to other properties and other shoreline resources
from alterations to geologic and hydrologic processes; and ecological functions, with
special emphasis on protecting and restoring priority habitats and species.
C. In-water structures shall be sited and designed consistent with appropriate
engineering principles, including, but not limited to, guidelines of the Washington
Department of Fish and Wildlife, Natural Resources Conservation Service, and the
U.S. Army Corps of Engineers.
D. 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 in-water structures. Non-regulatory and non-
structural methods may include public facility and resource planning, land or
easement acquisition, education, voluntary protection and enhancement projects, or
incentive programs.
Shoreline Master Program
for Shorelines in the City of Arlington
74
E. Planning and design of in-water structures should be consistent with and
incorporate elements from applicable watershed management and restoration plans
and/or surface water management plans.
F. New or expanding development or uses in the shoreline, including subdivision of
land, that would likely require structural flood control works within a stream,
channel migration zone, or floodway should not be allowed.
G. In-water structure proposals should incorporate native vegetation to enhance
ecological functions, create a more natural appearance, improve ecological processes,
and provide more flexibility for long-term shoreline management. Such features
include vegetated berms; vegetative stabilization including brush matting and buffer
strips; and retention of existing trees and shrubs on stream banks, if possible.
5.14.2 Regulations
A. Channelization projects that damage fish and wildlife resources, degrade recreation
and aesthetic resources, result in a net loss of ecological functions or result in high
flood stages and velocities are prohibited.
B. Upland cut-and-fill slopes and back-filled areas resulting from installation of in-
water structures shall be stabilized with brush matting and buffer strips and
revegetated with native grasses, shrubs, or trees to prevent loss of shoreline
ecological functions and processes.
C. In-water structures shall be constructed and maintained in a manner that does not
degrade the quality of affected waters. The City shall require reasonable conditions
to achieve this objective.
D. No motor vehicles, appliances, other similar structures or parts thereof; nor structure
demolition debris; nor any other solid waste shall be used as in-water structures.
E. Natural in water features such as snags, uprooted trees, or stumps shall be left in
place unless it can be demonstrated that they are causing severe bank erosion or
higher flood stages or pose a hazard to navigation or human safety.
F. In-water structures shall allow for natural groundwater movement and surface
runoff.
G. In-water structures shall preserve valuable recreation resources and aesthetic values
such as point and channel bars, islands, and braided channels.
H. In-water structures shall be designed by a qualified professional.
The Watershed Company
January 2011
75
I. Construction of in-water structures may not commence without having obtained all
applicable Federal, State, and local permits and approvals, including, but not limited
to, an HPA from Washington Department of Fish and Wildlife.
J. Design of in-water structures shall include access to public shorelines whenever
possible, unless it is demonstrated that public access would cause unavoidable
public health and safety hazards, security problems, unmitigatable ecological
impacts, unavoidable conflicts with proposed uses, or unreasonable cost. At a
minimum, in-water structures should not decrease public access or use potential of
shorelines.
K. In-water structures shall be designed to minimize safety hazards and prevent the
creation of obstructions to water navigation.
5.15 Mining
Mining is prohibited in shoreline jurisdiction under this SMP.
5.16 Moorage Facilities
Moorage facilities, which include any device or structure used to secure a boat or a
vessel, including piers, docks, piles, lift stations, buoys, and private boat launches, are
prohibited in shoreline jurisdiction under this SMP.
5.17 Recreational Development
5.17.1 Policies
A. Promote Recreation and Public Access. Developments and uses should be designed
and operated to provide the public with recreational areas, facilities, and access to
the shorelines.
B. Pedestrian-Oriented. Direct access to the water should be via paths, walkways, or
other pedestrian-oriented features. Vehicular traffic on beaches and fragile
shorelines should be prohibited. Parking should be located upland from the
shoreline recognizing the limited supply of shoreline areas. (1975 SMP Policy 17.c)
C. Grounds Management. The use of additives to maintain recreational facilities such
as playfields should be closely monitored to prevent contamination of adjacent
waterbodies.
D. Prevent Impacts to Private Property. The location, design, construction and
operation of recreational facilities should prevent undue adverse impacts on adjacent
or nearby private properties.
E. Scenic Views and Vistas. Preserve views for the public when siting park and
recreation facilities. (based on City of Arlington Comprehensive Plan, PP-5.4).
Shoreline Master Program
for Shorelines in the City of Arlington
76
5.17.2 Regulations
A. Design. Recreational uses and facilities shall be designed to be primarily related to
access, enjoyment and use of the water and shorelines of the state. (WAC 173-26-
241(3)(i))
B. Use Consistency. Proposed recreation uses shall be designed, located and operated
consistent with the purpose and intensity of the shoreline use environment and
environmental conditions. (WAC 173-26-241(3)(i))
C. Accessory Uses. Accessory and support facilities such as maintenance facilities and
parking lots shall be consolidated and located in upland areas outside shoreline,
wetland and riparian buffers to the extent feasible. (WAC 173-26-201(2)(d), WAC
173-26-241 (2)(a)(iii) ,WAC 173-26-211(3)(b), and WAC 173-26-241(3)(i))
D. Public Access. Where recreation facilities for public access include overwater
structures, such as public view or fishing platforms, those overwater structures
should comply with relevant requirements of SMP Section 4.4 (WAC 173-26-
241(3)(i))
E. Fertilizer and Chemical Management. For recreation developments such as
playfields that require the use of fertilizers, pesticides, or other chemicals, the
applicant shall submit plans demonstrating the best management practices and
methods to be used to prevent these fertilizer and chemical applications and
resultant leachate from entering adjacent waterbodies. Non-chemical management
methods are preferred over chemical management where feasible and practical.
F. Compatibility with Adjacent Private Properties. Recreational facilities shall make
adequate provisions, such as screening, buffer strips, fences, and signs, to prevent
overflow onto adjacent private properties. (WAC 173-26-221(4)(b))
G. Adequate Utilities and Services. Proposals for recreational development shall
include facilities for water supply, wastewater, and garbage disposal in conformance
with City standards.
H. Environmental Protection. Recreational development shall be located, designed,
and constructed in a manner that assures no net loss of shoreline ecological
functions. (WAC 173-26-241(3)(i))
5.18 Residential Development
5.18.1 Policies
A. Compatibility with Shoreline. All subdivisions and residential development should
be designed at a level of site coverage and density compatible with the physical
The Watershed Company
January 2011
77
capabilities of the shoreline and water in order to minimize probabilities of damage
to life, property and the environment. (1975 SMP Policy 5a)
B. Encourage Restoration and Environmental Design. Ecological restoration and
measures to minimize environmental impacts, such as low impact development and
vegetation conservation and enhancement, should be encouraged. (based on
principles of environmental impact mitigation in WAC 173-26-201(2)(e), vegetation
conservation in WAC 173-26-221(5), low impact development principles, and
example SMPs)
C. Aesthetics. All subdivisions and residential development should be designed to
adequately protect and/or improve the water and shoreline aesthetic qualities.
D. Provide Public Access. Residential developments should be encouraged to provide
public access to shorelines within the development and to minimize impacts of
vehicular use and parking upon shoreline aesthetics.
E. Scenic Views. Residential development should be designed to avoid impacts to
scenic views and vistas.
5.18.2 Regulations
A. Subdivisions and Plats. Subdivisions and plats shall: (WAC 173-26-241(3)(j))
1. Comply with all applicable subdivision and zoning regulations.
2. Include facilities for water supply, wastewater, stormwater, solid waste,
access, utilities and other support facilities in conformance with City
standards and which do not result in harmful effects on the shoreline or
waters. See Section 4.6.2.D for specific wastewater requirements.
3. Be designed to prevent the need for new shoreline stabilization or flood
hazard reduction measures per Section 4.3.
4. Be designed, configured and developed in a manner that assures that no net
loss of ecological functions results from division of land at full build-out of all
lots and throughout all phases of development.
5. Be required to cluster residential units and structures where necessary and
when allowed by the City to avoid critical areas and to preserve natural
features and minimize physical impacts.
6. Identify locations for community access, or conservation and utility
easements, where proposed.
Shoreline Master Program
for Shorelines in the City of Arlington
78
B. Environmental Protection. Residential development including accessory uses and
appurtenant structures shall: (WAC 173-26-241(3)(j))
1. Meet all applicable critical area, vegetation conservation, and water quality
standards of Chapter 4, Appendix B, and other Vegetation Conservation
sections of this SMP.
2. Be sufficiently set back from steep slopes and shorelines vulnerable to
erosion so that structural improvements, including bluff walls and other
stabilization structures, are not required to protect such structures and uses.
To accomplish this, the City shall apply buffers established in Appendix B,
may apply greater buffers, and shall apply applicable Vegetation
Conservation sections in Sections 9.5 to 14.5.
3. Be located, designed, and constructed in a manner that assures no net loss of
shoreline ecological functions.
C. Public Access. See SMP Section 4.4.2. (WAC 173-26-241(3)(j))
D. Accessory Uses. Residential accessory uses or appurtenances shall not be located in
required shoreline buffers unless specifically authorized in Vegetation Conservation
standards and Appendix B. Residential accessory uses shall be prohibited over the
water unless clearly water-dependent for recreational or personal use. (based on
WAC 173-26-241 (2)(a)(iii) and 173-26-211(3)(b))
E. Underground Utilities. See Section 5.20.
5.19 Shoreline Habitat and Natural Systems Enhancement
Projects
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.
5.19.1 Policies (based on WAC 173-26-231(3)(g))
A. 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.
B. Restoration and enhancement actions should improve shoreline ecological functions
and processes and should target meeting the needs of sensitive plant, fish and
wildlife species as identified by Washington Department of Fish and Wildlife,
The Watershed Company
January 2011
79
Washington Department of Natural Resources, National Marine Fisheries Service
and/or U.S. Fish and Wildlife Service.
C. The City should, and private entities are encouraged to, 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 or the local watershed plans.
D. The City should develop processing guidelines that will streamline the review of
restoration-only projects.
E. Restoration and enhancement projects should be coordinated with local Tribes,
volunteer groups and conservation districts.
F. 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.
5.19.2 Regulations (based on WAC 173-26-231(3)(g))
A. Restoration and enhancement shall be carried out in accordance with an approved
shoreline restoration plan.
B. All shoreline restoration and enhancement projects shall protect the integrity of
adjacent natural resources, including aquatic habitats and water quality.
C. Long-term maintenance and monitoring shall be included in restoration or
enhancement proposals.
D. Shoreline restoration and enhancement may be allowed if the project applicant
demonstrates that no undesired change to sediment transport or river current will
result and that the enhancement will not adversely affect ecological processes,
properties, or habitat.
E. Shoreline restoration and enhancement projects shall be designed using the best
available scientific and technical information, and implemented using best
management practices.
F. Shoreline restoration and enhancement shall not significantly interfere with the
normal public use of the navigable waters of the state without appropriate
mitigation.
G. Shoreline restoration and ecological enhancement projects may be permitted in all
shoreline environments provided the project’s purpose is the restoration of the
natural character and ecological functions of the shoreline.
Shoreline Master Program
for Shorelines in the City of Arlington
80
H. Applicant’s seeking to perform restoration projects are advised to work with the City
to assess whether and how the proposed project allows relief under RCW 90.58.580,
in the event that the project shifts the OHWM landward.
5.20 Shoreline Stabilization
Shoreline stabilization includes actions taken to address erosion impacts to property and
dwellings, businesses, or structures caused by natural processes, such as current, flood,
wind, or wave action. These actions include structural and nonstructural methods.
Nonstructural methods include shoreline buffers or setbacks, relocation of the structure
to be protected, groundwater management, planning and regulatory measures to avoid
the need for structural stabilization.
5.20.1 Policies
A. Shoreline stabilization should be located, designed, and maintained to protect,
restore and maintain shoreline ecological functions, ongoing shoreline processes,
and the integrity of shoreline features. Ongoing stream or lake processes and the
probable effects of proposed shoreline stabilization on other properties and shoreline
features should be considered. Shoreline stabilization should not be developed for
the purpose of filling shorelines. When stabilization is necessary, mitigation for the
loss of ecological function will be required. Alternative methods (such as “log
jams”) that can provide stabilization as well as fish habitat should be included in
project alternatives.
B. Structural shoreline stabilization measures should only be used when more natural,
flexible, non-structural methods such as placing the development farther from the
OHWM, planting vegetation, or installing on-site drainage improvements, beach
nourishment and bioengineering have been determined infeasible. Alternatives for
shoreline stabilization should be based on the following hierarchy of preference:
1. No action (allow the shoreline to retreat naturally), increase buffers, and
relocate structures.
2. Flexible defense works constructed of natural materials including soft shore
protection, bioengineering, including beach nourishment, protective berms,
flood fencing or vegetative stabilization.
3. Rigid works constructed of artificial materials such as riprap or concrete.
C. Structures should be located and designed to avoid the need for future shoreline
stabilization where feasible. Land subdivisions should be designed to assure that
future development of the created lots will not require shore stabilization for
reasonable development to occur.
The Watershed Company
January 2011
81
D. New or expanded structural shoreline stabilization should only be permitted where
demonstrated to be necessary to protect an existing primary structure, including
residences, that is in danger of loss or substantial damage, and where mitigation of
impacts would not cause a net loss of shoreline ecological functions and processes.
E. New or expanded structural shoreline stabilization for enhancement, restoration, or
hazardous substance remediation projects should only be allowed when non-
structural measures, vegetation planting, or on-site drainage improvements would
be insufficient to achieve enhancement, restoration or remediation objectives.
F. Shoreline stabilization on streams should be located and designed to fit the physical
character and hydraulic energy potential of a specific shoreline reach, which may
differ substantially from adjacent reaches.
G. Shoreline stabilization should not be permitted when it interferes with public access
to shorelines of the state, nor with other appropriate shoreline uses including, but
not limited to, navigation or private recreation.
H. In addition to conformance with the regulations in this section, non-regulatory
methods to protect, enhance, and restore shoreline ecological functions and other
shoreline resources should be encouraged for shore stabilization. Non-regulatory
methods may include public facility and resource planning, technical assistance,
education, voluntary enhancement and restoration projects, or other incentive
programs.
I. Shoreline stabilization should be developed in a coordinated manner among affected
property owners and public agencies, particularly those that cross jurisdictional
boundaries, to address ecological and geo-hydraulic processes, sediment
conveyance, and beach management issues. Where beach erosion threatens existing
development, a comprehensive program for shoreline management should be
established by the multiple affected property owners.
J. Provisions for multiple use, restoration, and/or public shore access should be
incorporated into the location, design and maintenance of shore stabilization for
public or quasi-public developments whenever safely compatible with the primary
purpose. Shore stabilization on publicly owned shorelines should not be allowed to
decrease long-term public use of the shoreline.
K. Materials used for construction of shoreline stabilization should be selected for long-
term durability, ease of maintenance, compatibility with local shoreline features
including aesthetic values, ability to provide fish and wildlife habitat, and flexibility
for future uses.
Shoreline Master Program
for Shorelines in the City of Arlington
82
L. New development that would require shoreline stabilization which causes
significant impacts to adjacent or down-current properties and shoreline areas
should not be allowed.
5.20.2 Regulations
A. General. The purpose of this section is to provide standards and guidelines for the
location and design of hard structural and soft structural shoreline stabilization
measures that have the potential to adversely impact the shoreline natural
environment. New development, however, shall be located and designed to avoid
the need for future shoreline stabilization to the extent feasible. In all cases, the
feasibility of soft structural shoreline stabilization shall be evaluated prior to hard
structural stabilization. Shoreline stabilization shall be designed so that net loss of
ecological functions does not occur. (WAC 173-26-231(3)(a)(iii)(A))
B. New or enlarged structural shoreline stabilization. New structural shoreline
stabilization measures, including both hard and soft structural shoreline stabilization
measures, shall include measures installed to address erosion impacts. Enlargement
of an existing structural shoreline stabilization shall include additions to or increases
in size (such as height, width, length, or depth) to existing shoreline stabilization
measures and these enlargements shall be considered new structures. New or
enlarged structural stabilization measures shall not be allowed, except as follows:
1. To protect an existing primary structure, including residences, when
conclusive evidence, documented by a geotechnical analysis, is provided that
the structure is in danger from shoreline erosion caused by currents or
waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself,
without a scientific or geotechnical analysis, is not demonstration of need.
The geotechnical analysis should evaluate on-site drainage issues and
address drainage problems away from the shoreline edge before considering
hard or soft structural shoreline stabilization. OR (WAC 173-26-
231(3)(a)(iii)(B)(I))
2. In support of new nonwater-dependent development, including single-
family residences, when all of the conditions below apply:
a. The erosion is not being caused by upland conditions, such as
drainage and the loss of vegetation.
b. Nonstructural measures, such as placing the development farther
from the shoreline, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient to adequately address
erosion impacts.
The Watershed Company
January 2011
83
c. The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report. The damage must be
caused by natural processes, such as currents or waves. OR (WAC
173-26-231(3)(a)(iii)(B)(II))
3. In support of water-dependent development when all of the conditions
below apply:
a. The erosion is not being caused by upland conditions, such as
drainage and the loss of vegetation.
b. Nonstructural measures, such as planting vegetation, or installing on-
site drainage improvements, are not feasible over time or not
sufficient to adequately address erosion causes or impacts.
c. The need to protect primary structures, including residences, from
damage due to erosion is demonstrated through a geotechnical report.
OR (WAC 173-26-231(3)(a)(iii)(B)(III))
4. To protect projects for the restoration of ecological functions or for hazardous
substance remediation projects pursuant to Chapter 70.105D RCW when
nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient to adequately address
erosion causes or impacts. (WAC 173-26-231(3)(a)(iii)(B)(IV))
C. Repair of existing shoreline stabilization measures. This section allows repair and
maintenance of existing shoreline stabilization measures, subject to all of the
following standards. [Note: repair and replacement of shoreline stabilization
structures may meet the criteria for exemption from a Shoreline Substantial
Development Permit, but they are not exempt from the policies and regulations of
this Section or the SMP.]
1. Maintenance and repair shall include modifications or improvements to an
existing shoreline stabilization measure that are designed to ensure the
continued function of the stabilization measure by preventing failure of any
part of the stabilization measure.
2. Modifications or improvements that include additions to or increases in size
of existing shoreline stabilization measures shall be considered new
structures, and are not a repair.
3. Replacement of greater than 50 percent or 35 feet, whichever is smaller, of
linear length of existing shoreline stabilization on a waterfront parcel is not
considered a repair for purposes of these regulations, and must be designed
and reviewed as a replacement subject to the provisions contained in
Shoreline Master Program
for Shorelines in the City of Arlington
84
Subsection 5.18.2.D.2 below. For shoreline stabilization projects,
“replacement” occurs when the existing structure, including its footing or
bottom course of rock, is removed prior to placement of new shoreline
stabilization materials. Repairs that involve only removal of material above
the footing or bottom course of rock are not considered replacements.
Replacement of existing shoreline stabilization may still qualify for an
exemption from a Shoreline Substantial Development Permit as listed in
Section 7.6.3 of this SMP. Further limitations on non-conforming shoreline
stabilization are located in the Nonconforming Uses and Development
Standards section of this Master Program.
4. Areas of temporary disturbance within the shoreline buffer shall be
expeditiously restored to their pre-project condition or better.
5. The placement of a new shoreline stabilization structure landward of a failing
shoreline stabilization structure shall be considered a new structure, and is
not maintenance or repair.
D. Replacement. The following standards apply to replacement of existing hard and
soft structural shoreline stabilization measures:
1. For purposes of this section, "replacement" means the construction of a new
structure to perform a shoreline stabilization function of an existing structure
that can no longer adequately serve its purpose. Additions to or increases in
size of existing shoreline stabilization measures shall also be considered new
structures. (WAC 173-26-231(3)(a)(iii)(C))
2. Replacement shall be treated as a new shoreline stabilization measure subject
to the restrictions of Subsection 5.18.2.B. above, as well as the submittal
requirements of Subsection 5.18.2.E. below, except for the requirement to
prepare a geotechnical analysis. A geotechnical analysis is not required for
replacements of existing hard or soft structural shoreline stabilization with a
similar or softer measure if the applicant demonstrates need to protect
principal uses or structures from erosion caused by waves or other natural
processes operating at or waterward of the OHWM. (WAC 173-26-
231(3)(a)(iii)(C))
3. Replacement hard structural shoreline stabilization measures shall not
encroach waterward of the OHWM or waterward of the existing shoreline
stabilization measure unless the primary structure was constructed prior to
January 1, 1992, and there is overriding safety or environmental concerns. In
such cases, the replacement structure shall abut the existing shoreline
stabilization structure. All other replacement hard structural shoreline
The Watershed Company
January 2011
85
stabilization measures shall be located at or landward of the existing
shoreline stabilization structure. (WAC 173-26-231(3)(a)(iii)(C))
4. Hard and soft shoreline stabilization measures may allow some fill
waterward of the OHWM to provide enhancement of shoreline ecological
functions through creation of nearshore shallow-water habitat and shoreline
rearing habitat for salmonids. (WAC 173-26-231(3)(a)(iii)(C)).
E. General Design Standards. When a hard or soft structural shoreline stabilization
measure is demonstrated to be necessary, the following design standards shall be
incorporated into the stabilization design:
1. Soft structural shoreline stabilization measures shall be used to the maximum
extent practicable for new, enlarged, or replacement shoreline stabilization
measures, limiting hard structural shoreline stabilization measures to the
portion or portions of the site where necessary to protect or support existing
shoreline structures or trees, or where necessary to connect to existing
shoreline stabilization measures on adjacent properties. Hard structural
shoreline stabilization transition areas between the applicant’s otherwise soft
shoreline measure and the adjacent hardened shoreline, when needed on the
subject property to prevent destabilization of adjacent hardened shorelines,
should be minimized and extend into the subject property from the property
line no more than 10 feet.
2. For enlarged or replacement soft and hard structural shoreline stabilization
measures, the following location and design standards are preferred in
descending order:
a. Conduct excavation and fill activities associated with the soft or hard
structural shoreline stabilization landward of the existing OHWM to
the maximum extent practicable.
b. Where a, above, is not practicable because of overriding safety or
environmental concerns, conduct necessary excavation and fill
activities waterward of the existing OHWM as needed to implement a
soft structural shoreline stabilization technique or to mitigate the
impacts of hard structural shoreline stabilization.
3. All approved new, enlarged, repair, or replacement shoreline stabilization
measures must minimize and mitigate any adverse impacts to ecological
functions resulting from short-term construction activities, consistent with
Section 4.2, Ecological Protection and Critical Areas and Appendix B, Critical
Areas Regulations. Impact minimization techniques may include compliance
with appropriate timing restrictions, use of best management practices to
Shoreline Master Program
for Shorelines in the City of Arlington
86
prevent water quality impacts related to upland or in-water work, and
stabilization of exposed soils following construction.
4. All new, enlarged, or replacement hard structural shoreline stabilization
measures should minimize any long-term adverse impacts to ecological
functions by incorporating the following measures into the design:
a. Limiting the size of hard structural shoreline stabilization measures to
the minimum necessary, including height, depth, and mass.
b. Shifting the hard structural shoreline stabilization landward and/or
sloping the hard structural shoreline stabilization landward to
provide some dissipation of wave energy and increase the quality or
quantity of nearshore shallow-water habitat.
c. Fish habitat components.
5. Approved new and enlarged shoreline stabilization measures shall mitigate
any adverse impacts to ecological functions by incorporating the following
measures at a minimum into the design if appropriate for local conditions:
a. Restoration of appropriate substrate conditions waterward of the
OHWM, to include substrate composition and gradient. The material
should be sized and placed to remain stable during a 2-year flood
event on rivers and under typical boat- and wind-driven wave
conditions on lakes, including storm events.
b. Plant native riparian vegetation, as necessary, along the shoreline
frontage affected by the new or enlarged stabilization, along the
water’s edge. The vegetated portion of the shoreline buffer shall
approved by the Arlington Natural Resource Manager, or meet the
minimum requirements of the Critical Areas section of the Arlington
Land Use Code.
c. Additional mitigation measures may be required by the City, or State
or Federal agencies, depending on the level of impact.
6. The shoreline stabilization measure shall be designed to not significantly
interfere with normal surface and/or subsurface drainage into the adjacent
waterbody.
7. The shoreline stabilization measure shall be designed so as not to constitute a
hazard to navigation.
The Watershed Company
January 2011
87
8. Stairs or other water access measures may be incorporated into the shoreline
stabilization (e.g., steps integrated into the bulkhead, coved area with
shallow entry), but shall not extend waterward of the shoreline stabilization
measure and the OHWM.
9. The shoreline stabilization measure shall be designed to ensure that it does
not restrict appropriate public access to the shoreline. When a structural
shoreline stabilization measure is required at a public access site, provisions
for safe access to the water shall be incorporated into the shoreline
stabilization structure design (e.g., steps integrated into the bulkhead, coved
area with shallow entry). Access measures should not extend farther
waterward than the face of the shoreline stabilization measure and the
OHWM.
10. Shoreline stabilization measures shall not extend waterward more than the
minimum amount necessary to achieve effective stabilization, except for
those elements that enhance shoreline ecological functions and minimize
impacts.
11. When repair or replacement shoreline stabilization measures intended to
improve ecological functions shift the OHWM landward of the pre-
modification location, any buffers from the OHWM or lot area for the
purposes of calculating lot coverage shall be measured from the pre-
modification location. The pre-modification OHWM shall be recorded in a
form approved by the City and recorded with Snohomish County.
12. If repair or replacement shoreline stabilization measures intended to improve
ecological functions shift the OHWM landward of the pre-modification
location and result in expansion of the shoreline jurisdiction on any property
other than the subject property, the plan shall not be approved until the
applicant submits a copy of a statement signed by the property owners of all
affected properties, in a form approved by the City and recorded with
Snohomish County, consenting to the shoreline jurisdiction creation and/or
increase on such property.
F. Specific Hard Structural Shoreline Stabilization Design Standards. In those
limited instances when hard structural shoreline stabilization measures, such as
bulkheads, are demonstrated to be necessary as outlined in H.1 below, the following
standards shall be incorporated into the design:
1. In those limited cases when hard structural shoreline stabilization is
approved on a site where hard structural shoreline stabilization is not located
on adjacent properties, the construction of hard structural shoreline
stabilization shall tie in with the existing contours of the adjoining properties,
Shoreline Master Program
for Shorelines in the City of Arlington
88
as feasible, such that the proposed stabilization would not cause erosion of
the adjoining properties.
2. When hard structural shoreline stabilization is approved on a site where hard
structural shoreline stabilization is located on adjacent properties, the
proposed stabilization may tie in flush with existing stabilization measures
on adjoining properties, provided that the new stabilization does not extend
waterward of the OHWM, except as necessary to make the connection to the
adjoining stabilization, and does not extend onto the adjacent property. In
such circumstances, the remaining portion of the stabilization shall be placed
landward of the existing OHWM such that no net intrusion into the
waterbody occurs nor does net creation of uplands occur. The length of hard
structural shoreline stabilization transition area to adjacent properties should
be minimized to the maximum extent practicable, and extend into the subject
property from adjacent properties no more than 10 feet.
3. Fill behind hard structural shoreline stabilization shall be limited to one (1)
cubic yard per running foot of stabilization. Any filling in excess of this
amount shall be considered a regulated activity subject to the regulations in
this Chapter pertaining to fill activities and the requirement for obtaining a
Shoreline Substantial Development Permit or Shoreline Conditional Use
Permit.
4. All structures should include fish habitat elements.
G. Specific Soft Structural Shoreline Stabilization Design Standards. In addition to
applicable general design standards and hard structural shoreline stabilization
standards above, the following standards shall be incorporated into the design:
1. The soft shoreline stabilization design shall provide sufficient protection of
adjacent properties by tying in with the existing contours of the adjoining
properties to prevent erosion at the property line. Projects that include
necessary use of hard structural shoreline stabilization measures, as indicated
by the appropriate study prepared per H. below, only near the property lines
to tie in with adjacent properties shall be permitted as soft shoreline
stabilization measures. The length of hard structural shoreline stabilization
transition area to adjacent properties should be minimized to the maximum
extent practicable, and extend into the subject property from adjacent
properties no more than 10 feet. The hard structural shoreline stabilization
transition area shall not extend waterward of the OHWM, except as
necessary to make the connection to the adjoining stabilization, and shall not
extend onto the adjacent property.
The Watershed Company
January 2011
89
2. The soft shoreline stabilization design shall size and arrange any gravels,
cobbles, logs, and boulders so that the project remains stable during a 2-year
flood event on rivers and under typical boat- and wind-driven wave
conditions on lakes, including storm events, and dissipates wave and current
energy, without presenting extended linear faces to oncoming waves or
currents.
H. Submittal Requirements. In addition to submitting an application for the
appropriate shoreline permit, the applicant shall submit the following as part of a
request to construct a new, enlarged, or replacement shoreline stabilization measure:
1. For a new or enlarged hard or soft structural shoreline stabilization measure,
a geotechnical report prepared by a qualified professional with an
engineering degree. The report shall include the following:
a. An assessment of the necessity for structural shoreline stabilization by
estimating time frames and rates of erosion and reporting on the
urgency associated with the specific situation. New hard structural
shoreline stabilization measures shall not be authorized, except when
a report confirms that that there is a significant possibility that an
existing structure will be damaged within three (3) years as a result of
shoreline erosion in the absence of such hard structural shoreline
stabilization measures, or where waiting until the need is immediate
results in the loss of opportunity to use measures that would avoid
impacts on ecological functions. Where the geotechnical report
confirms a need to prevent potential damage to a primary structure,
but the need is not as immediate as three years, that report may still
be used to justify more immediate authorization to protect against
erosion using soft measures (WAC 173-26-231(3)(a)(iii)(D)).
b. An assessment of the cause of erosion, looking at processes occurring
both waterward and landward of the OHWM. (WAC 173-26-
231(3)(a)(iii)(B)(I))
c. An assessment of alternative measures to shoreline stabilization,
including:
(1) Placing the development farther from the OHWM
(2) Correcting any on-site groundwater or drainage issues that
may be causing shoreline erosion.
(3) Placing of ”log jam” structures in the channel to pull the
erosive force away from the eroding bank.
Shoreline Master Program
for Shorelines in the City of Arlington
90
d. Where structural shoreline stabilization is determined to be necessary,
the assessment must evaluate the feasibility of using soft shoreline
stabilization measures in lieu of hard structural shoreline stabilization
measures. Soft shoreline stabilization may include the use of gravels,
cobbles, boulders, and logs, as well as vegetation. (WAC 173-26-
231(3)(a)(iii)(E))
e. Design recommendations for minimum sizing of hard structural or
soft structural shoreline stabilization materials, including gravel and
cobble beach substrates necessary to dissipate wave energy, eliminate
scour, and provide long-term shoreline stability.
2. For replacements of existing hard structural shoreline stabilization measures
with a similar measure, the applicant shall submit a written narrative
providing a demonstration of need. The narrative must be prepared by a
qualified professional The demonstration of need shall consist of the
following: (WAC 173-26-231(3)(a)(iii)(C))
a. An assessment of the necessity for continued structural shoreline
stabilization, considering site-specific conditions such as water depth,
orientation of the shoreline, wave fetch or flow velocities, and location
of the nearest primary structure.
b. An assessment of erosion potential resulting from the action of waves
or other natural processes operating at or waterward of the OHWM in
the absence of the hard structural shoreline stabilization.
c. An assessment of alternative measures to shoreline stabilization,
including:
(1) Relocating the development farther from the OHWM.
(2) Correcting any on-site groundwater or drainage issues that
may be causing shoreline erosion.
d. An assessment of the feasibility of using soft shoreline stabilization
measures in lieu of hard structural shoreline stabilization measures.
Soft structural shoreline stabilization may include the use of gravels,
cobbles, boulders, and logs, as well as vegetation.
e. Design recommendations for minimizing impacts of any necessary
hard structural shoreline stabilization.
The Watershed Company
January 2011
91
3. A demonstration of need may be waived when an existing hard structural
shoreline stabilization measure is proposed to be repaired or replaced using
soft structural shoreline stabilization measures, resulting in significant
restoration of shoreline ecological functions or processes.
4. For all structural shoreline stabilization measures, including soft structural
shoreline stabilization, detailed construction plans, including, but not limited
to, the following:
a. Plan and cross-section views of the existing and proposed shoreline
configuration, showing accurate existing and proposed topography
and OHWMs.
b. Detailed construction sequence and specifications for all materials,
including gravels, cobbles, boulders, logs, and vegetation. The sizing
and placement of all materials shall be selected to accomplish the
following objectives:
(1) Protect the primary structures from erosion and other damage
over the long term, and accommodate the normal amount of
alteration from currents and wind- or boat-driven waves;
(2) Allow safe passage and migration of fish and wildlife; and
(3) Minimize or eliminate juvenile salmon predator habitat.
c. For projects that include native vegetation, a detailed five-year
vegetation maintenance and monitoring program to include the
following:
(1) Goals and objectives of the shoreline stabilization plan;
(2) Success criteria by which the implemented plan will be
assessed;
(3) A five (5) year maintenance and monitoring plan, consisting of
at least one site visit per year by a qualified professional, with
annual progress reports submitted to the Shoreline
Administrator and all other agencies with jurisdiction; and
(4) A contingency plan in case of failure.
Shoreline Master Program
for Shorelines in the City of Arlington
92
5.21 Signage
5.21.1 Policies
A. Signs should be designed and placed so that they are compatible with the aesthetic
quality of the existing shoreline and adjacent land and water uses.
B. Signs should not block or otherwise interfere with visual access to the water or
shorelands.
5.21.2 Regulations
A. Sign Size, Location, and Lighting Standards:
1. Prohibited Signs: The following types of signs are prohibited:
a. Off-premises detached outdoor advertising signs.
b. Commercial signs for products, services, or facilities located off-site.
c. Any signs or other devices which flash, blink, flutter, rotate, oscillate,
or otherwise purposely fluctuate in lighting or position, in order to
attract attention through their distractive character. Highway and
railroad signs are exceptions, as are pennants, banners, and other
devices of seasonal, holiday, or special event character which may be
utilized on a temporary basis based on City standards.
d. Signs placed on trees or other natural features, unless the City’s
Shoreline Administrator finds that these signs are necessary for public
safety reasons.
2. Allowable Signs: The following types of signs may be allowed in all
shoreline environments:
a. Water navigational signs, and highway and railroad signs necessary
for operation, safety and direction.
b. Public information signs directly relating to a shoreline use or activity.
Public information signs shall include public park signs, educational
kiosks, public access identification signs, critical area buffer signs, and
warning signs.
c. Off-premise, free-standing signs for community identification,
information, or directional purposes.
The Watershed Company
January 2011
93
d. National, site, and institutional flags or temporary decorations
customary for special holidays and similar events of a public nature.
e. Temporary directional signs to public or quasi-public events if
removed within 10 days following the event.
3. All signs shall be located and designed to avoid interference with vistas,
viewpoints, and visual access to the shoreline. No signs shall be placed in a
required view corridor.
4. Over-water signs, signs on floats or pilings, and signs for goods, services, or
businesses not located directly on the site proposed for a sign are prohibited.
5. Lighted signs shall be hooded, shaded, or aimed so that direct light will not
result in glare to critical areas or when viewed from surrounding properties
or watercourses.
6. Signs shall meet the applicable size standards adopted in the Arlington sign
code.
7. Temporary or obsolete signs shall be removed within 10 days of elections,
closures of business, or termination of any other function. Examples of
temporary signs include: real estate signs, directions to events, political
advertisements, event or holiday signs, construction signs, and signs
advertising a sale or promotional event.
8. Signs that do not meet the policies and regulations of this section shall be
removed or shall conform within two years of the adoption of this SMP.
9. The maximum area of individual sign faces shall be consistent with City
standards.
10. Signs required by law shall not be subject to limitations with respect to the
number, location, and/or size, provided that they are the minimum necessary
to achieve the intended purpose. Signs required by law include, but are not
limited to, official or legal notices issued and posted by any public agency or
court, or traffic directional or warning signs.
11. Freestanding signs authorized by this SMP are subject to the shoreline and
critical area buffers and vegetation conservation standards in Section 4.5 and
Appendix B. Building mounted signs are subject to shoreline buffers and
other setbacks applicable to buildings. Height of wall signs shall be measured
in accordance with applicable City standards.
Shoreline Master Program
for Shorelines in the City of Arlington
94
5.22 Transportation and Parking
5.22.1 Policies
A. Circulation. Public agencies and developments should provide circulation facilities
including roads, streets, alleys, pedestrian, bicycle, and public transportation
facilities, consistent with federal, state, or local standards and sufficient to meet
adopted levels of service. (WAC 173-26-241(3)(k) and Growth Management Act
RCW 36.70A.070)
B. Essential Public Facilities. Comprehensive plans, which include SMPs, may not
preclude the siting of essential public facilities, which include state or regional
transportation facilities as defined in RCW 47.06.140,
C. Minimize Land Consumption. When transportation facilities must be located along
shorelines efforts should be made to minimize the amount of land consumed. Where
feasible, such transportation facilities should be sufficiently set back so that a usable
shoreline area remains. Where feasible, roads and trails should not run parallel to
shorelines.
D. Erosion and Groundwater. Roads in shoreline areas should be designed and
maintained to prevent erosion and to permit a natural movement of groundwater.
E. Protect Shorelands. All construction should be designed to protect the adjacent
shorelands from erosion, uncontrolled drainage, slides, pollution, and other factors
detrimental to the environment. Transportation facilities and parking facilities
should be planned, located, and designed 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.
F. General Maintenance and Reconstruction. Road maintenance and reconstruction
should be allowed in accordance with best management practices adopted by the
City and the State of Washington Department of Transportation.
G. Trails. Multi-purpose trails should be encouraged in shoreline jurisdiction consistent
with public access policies and regulations in Section 4.4.
H. Appropriate Bridges and Culverts. Road design for stream crossings should
consider appropriate bridge and culvert designs based on federal, state, or local
standards, for example, Washington Department of Fish and Wildlife’s 2003 Design
of Road Culverts for Fish Passage.
The Watershed Company
January 2011
95
I. Coordinate Land Use and Transportation. Since land use and transportation
facilities are so highly interrelated, the plans for each should be closely coordinated
and consider shoreline goals, objectives, policies, and standards.
J. Parking. Parking facilities in shorelines are not a preferred use and should be
allowed only as necessary to support an authorized use. Parking facilities should be
located as far inland as possible from the OHWM.
5.22.2 Regulations
A. Roads and Railroads Limited in Shoreline Jurisdiction. Where other options are
available and feasible, new roads, road expansions or railroads shall not be built
within shoreline jurisdiction. (WAC 173-26-241(3)(k))
B. Criteria if Roads or Railroads are Unavoidable. When roads or road expansions are
unavoidable in the shoreline jurisdiction, proposed transportation facilities shall be
planned, located, and designed to achieve the following: (WAC 173-26-241(3)(k))
1. minimize possible adverse effects on unique or fragile shoreline features;
2. maintain no-net-loss of shoreline ecological functions and implement
mitigation standards of Section 4.2, Ecological Protection and Critical Areas
and Section 4.5, Vegetation Conservation and Shoreline Buffers;
3. avoid adverse impacts on existing or planned water-dependent uses; and
4. set back from the OHWM to the maximum feasible to allow for a usable
shoreline area for vegetation conservation and planned shoreline uses unless
infeasible, standards for ADA accessibility and functionality cannot be met,
or the cost is disproportionate to the cost of the proposal. For the purposes of
this Section, disproportionate means the shoreline buffer requirement would
add more than 20% to the total project cost.
C. Shoreline Crossings. Shoreline crossings and culverts shall be designed to minimize
impact to riparian and aquatic habitat and shall allow for fish passage. Crossings
shall occur as near to perpendicular with the waterbody as possible, unless an
alternate path would minimize disturbance of native vegetation or result in
avoidance of other critical areas such as wetlands.
D. Floodway. See Section 4.3.
E. Construction Standards. Construction standards of the appropriate governmental
agency, together with SMP standards, shall be conditions for granting shoreline
permits. Seasonal work windows may be required based on federal or state
requirements, or if the proposal involves crossing shorelines or altering the
waterbody. (1975 SMP Section26(c))
Shoreline Master Program
for Shorelines in the City of Arlington
96
F. Trails. See public access standards in Section 4.4.
G. Parking Facilities. Parking facilities in shorelines are not a preferred use and shall be
allowed only as necessary to support an authorized use. Parking that does not
require a shoreline location in order to carry out its functions shall: (WAC 173-26-
241(3)(k))
1. be sited outside of shoreline jurisdiction unless no feasible alternative
location exists outside of the shoreline;
2. be planted or landscaped with native vegetation to provide a visual and
noise buffer for adjoining dissimilar uses or scenic areas and to provide some
level of habitat function desired in shoreline areas;
3. observe critical area and shoreline buffers; and
4. be designed to incorporate low-impact development practices, such as
pervious surfaces and rain gardens, to the extent feasible.
5.23 Utilities
Utilities provisions apply to services and facilities that produce, convey, store, or process
power, gas, sewage, communications, oil, waste, and the like. On-site utility features
serving a primary use, such as a water, sewer or gas line to a residence, are "accessory
utilities" and shall be considered a part of the primary use. Standards of the primary use
shall be consulted.
5.23.1 Policies
A. Avoid placing utilities within shoreline jurisdiction unless absolutely necessary.
(based on City of Arlington Comprehensive Plan, PS-3.2)
5.23.2 Regulations
A. Design Considerations. Utility systems are permitted provided such systems: (WAC
173-26-241(3)(l))
1. avoid paralleling the shoreline or following a down-valley course near the
channel, except where located in an existing road or easement footprint; and
2. do not alter processes affecting the rate of channel migration, river hydrology
or shoreline erosion.
B. Preference to Existing Footprints. Preference shall be given to utility systems
contained within the footprint of an existing right-of-way or utility easement over
new locations for utility systems. (WAC 173-26-241(3)(l))
The Watershed Company
January 2011
97
C. Underwater Utilities. If an underwater location is necessary, the design, installation
and operation shall minimize impacts to the waterway or the resident aquatic
ecosystems. Seasonal work windows may be made a condition of approval.
Standards of Section 5.8.2, Dredging and Dredge Material Disposal; Section 4.2,
Ecological Protection and Critical Areas; Section 4.5, Vegetation Conservation and
Shoreline Buffers (for any aquatic vegetation impacts); and Section 5.2, General
Aquatic Shoreline Modification and Use Regulations must be met.
1. Nonwater-Oriented Processing and Production Facilities. Nonwater
oriented utility production and processing facilities, such as power plants
and sewage treatment plants, or parts of those facilities that are nonwater-
oriented, shall not be allowed in shoreline areas unless it can be
demonstrated that no other feasible option is available.
2. No Net Loss of Ecological Function. All utility system projects and
maintenance shall be designed, located and installed in a manner which
results in no-net-loss of ecological function.
Shoreline Master Program
for Shorelines in the City of Arlington
98
6 N ONCONFORMING U SES AND
D EVELOPMENT STANDARDS (WAC 173-
27-080)
6.1 Nonconforming Structures, Uses, Lots: Policies
The following policies on nonconforming structures, uses, and lots are intended to guide
the application of City standards:
A. Nonconforming existing legal uses and structures may continue according to City
standards.
B. Transitions from nonconforming uses to conforming uses should be encouraged.
C. Owners of grandfathered structures that wish to expand the structure may be able to
do so if they do not increase the nonconformity according to City standards.
D. The SMP no-net-loss of ecological function objective should guide review of
proposed expansions or other changes to grandfathered uses and new development
on nonconforming vacant lots. This objective may be addressed in an area wide
manner consistent with the SMP cumulative impacts analysis.
E. The City should consider balancing historic character of the community with
conformity to SMP rules when considering changes to nonconforming uses,
structures, and lots.
6.2 Nonconforming Structures, Uses, Lots: Standards
6.2.1 Nonconforming Uses, Lots, and Structures: General Provisions
A. Section 6.2 is not intended to encourage the continuance of nonconforming uses.
B. Uses, lots, and structures rendered nonconforming by the adoption of the SMP may
be continued and maintained in reasonable repair, subject to the conditions of
Section 6.2.
C. No use of any structure or premises shall hereafter be commenced, and no structure
or part of a structure shall be erected, moved, reconstructed, extended, enlarged,
remodeled, repaired, or altered, except in conformity with all current City of
Arlington development regulations including this SMP.
The Watershed Company
January 2011
99
D. For the purpose of Section 6.2, remodeling, alterations, or repairs to a
nonconforming structure means work that does not exceed eighty percent (50%) of
the latest County assessed or appraised value by a state certified/licensed real estate
appraiser of the building or structure before the improvements are started.
6.2.2 Nonconforming Lots of Record
A. In any shoreline use environment, any stated permitted use or structure and
accessory use may be erected on preexisting legal lot of record which does not meet
the minimum lot size or width requirements of the use environment or zoning
district in which it is located.
B. Setback dimensions and all other applicable City and state requirements not
involving lot size or width shall conform to the regulations for the use environment
and zoning district in which the lot is situated.
6.2.3 Discontinuance of Nonconforming Use
A. If a nonconforming use has been discontinued or vacated for a period of six months
or greater, the nonconforming status is terminated, and any future use of the land or
structures shall be in conformity with the provisions of the use environment and
zoning district in which it is located.
6.2.4 Destruction and Restoration
A. If a nonconforming structure/use is damaged or destroyed by accident, act of nature,
or public enemy, it may be permitted to be rebuilt equal to the square footage, and
within the same footprint of the damaged or destroyed structures(s), and for the
same use, provided that the proposal is in accordance with all other applicable
sections of the Arlington Land Use Code.
B. The structure may be rebuilt in the same location, or at a different location on the site
if the new structure meets the current minimum shoreline buffer distance at that
different location.
C. A building permit application must be submitted to the City of Arlington
department of building/fire safety and planning within one year after the
structure(s) has been destroyed. If a building permit application is not submitted
within one year, all future structures shall be required to be in conformity with this
SMP and all current City of Arlington development regulations.
6.2.5 Maintenance
A. A nonconforming structure may be physically maintained and repaired as needed to
ensure public safety. All maintenance shall conform to all current development
standards and building codes.
Shoreline Master Program
for Shorelines in the City of Arlington
100
6.2.6 Expansion
A. Any expansion shall not increase the existing nonconformity impact on
environmental or road conditions. No expansion shall encroach on shoreline buffers
or critical areas, unless allowed by the SMP. All expansion shall conform to current
City development standards and building codes.
B. Modification of a legally constructed single-family residence in a shoreline or critical
area buffer shall be allowed; provided, that no new construction shall be closer to the
OWHM or critical area and does not increase the square footage of primary
residence to be modified by more than twenty-five percent of the existing square
footage.
6.2.7 Completion of a Building/Structure/Activity
A. Nothing contained in Section 6.6 shall require any change in plans, construction,
alterations, or designated uses of a building/structure specified in a complete
application for a development permit submitted prior to the adoption of the SMP or
its amendment. Improvements and uses authorized by a recorded motion or
resolution of the Arlington City Council, or any permit issued by the City prior to
the effective date of the SMP may be developed as set forth in the permit. If the
permit becomes invalid prior to development of improvements or uses, the
provisions of this SMP shall be in effect on the subject property.
The Watershed Company
January 2011
101
7 S HORELINE P ERMITS , P ROCEDURES AND
ADMINISTRATION
7.1 Roles and Responsibilities (based on City permit
procedures)
The City of Arlington (City) shall administer this Shoreline Master Program (SMP)
according to the following roles and responsibilities.
7.1.1 Shoreline Master Program Administrator
The SMP Administrator for the City is the Community Development Director, who shall
have overall administrative responsibility of this SMP. The SMP Administrator, or his or
her designee, shall make administrative decisions and interpretations of the policies and
regulations of this SMP and the Shoreline Management Act (Act).
The SMP Administrator is hereby vested with the authority to:
A. Administrate this SMP.
B. Grant or deny exemptions from Shoreline Substantial Development Permit
requirements of this SMP per Section 7.6.3.
C. Authorize, approve, or deny Shoreline Substantial Development Permits, except for
those for which the hearing examiner or City legislative authority is the designated
decision maker. The Shoreline Administrator shall also have the authority to grant
or deny time extensions to shoreline permits, revisions, Shoreline Variances (go to
HE), and Shoreline Conditional Use Permits (HE) under this SMP.
D. Make field inspections as needed, and prepare or require reports on shoreline permit
applications.
E. Make written recommendations to the Arlington Hearing Examiner, Planning
Commission, and City Council.
F. Advise interested persons and prospective applicants as to the administrative
procedures and related components of this SMP.
G. Collect fees for all necessary permits as provided in City ordinances or resolutions.
The determination of which fees are required shall be made by the City. The fee
amounts are established in the most recently adopted fee schedule.
H. Make administrative decisions and interpretations of the policies and regulations of
this SMP and the Shoreline Management Act (Act).
Shoreline Master Program
for Shorelines in the City of Arlington
102
7.1.2 State Environmental Policy Act (SEPA) Responsible Official
The SEPA Responsible Official or his or her designee is authorized to conduct
environmental review of all use and development activities subject to this SMP,
pursuant to WAC 197-11 and RCW 43.21C.
7.1.3 Arlington Hearing Examiner
The Arlington Hearing Examiner (Hearing Examiner) shall have the authority to:
A. Grant or deny variances from this SMP.
B. Grant or deny conditional uses under this SMP not issued administratively.
C. Decide on Shoreline Substantial Development Permits for which the Hearing
Examiner is the designated decision maker, as well as decide on appeals from
administrative decisions issued by the SMP Administrator.
7.1.4 Arlington Planning Commission
A. The Arlington Planning Commission (Planning Commission) is vested with the
responsibility to review the SMP as part of regular SMP updates required by RCW
90.58.080 as a major element of the City’s planning and regulatory program, and
make recommendations for amendments thereof to the Arlington City Council.
7.1.5 Arlington City Council
The Arlington City Council (City Council) is vested with authority to:
A. Initiate an amendment to this SMP according to the procedures prescribed in WAC
173- 26-100.
B. Adopt all amendments to this SMP, after consideration of the recommendation of
the Planning Commission. Substantive amendments shall become effective
immediately upon adoption by Ecology.
7.2 Interpretation
The SMP Administrator shall provide administrative interpretations in accordance with
the Act, the Shoreline Master Program Guidelines, and with the Arlington Municipal
Code.
The City shall consult with the Washington State Department of Ecology (Ecology) to
ensure that any formal written interpretations are consistent with the purpose and intent
of chapter 90.58 RCW and 173-26 WAC.
The Watershed Company
January 2011
103
7.3 Statutory Noticing Requirements
The City shall provide notice in accordance with WAC 173-27-110, and may provide for
additional noticing requirements. Per WAC 173-27-120 the City shall comply with
special procedures (public notice timelines, appeal periods, etc.) for limited utility
extensions and bulkheads.
Whenever a Shoreline Substantial Development permit is required, the permitting
process shall be combined with the permitting process of the underlying land use permit
and the most restrictive process shall apply. If a public hearing is required for the
underlying land use permit, then that hearing, before the appropriate decision-making
body pursuant to Chapter 20.24 (Hearing and Pre-Hearing Procedures for Appeals and
Applications), shall incorporate the hearing on the Shoreline Substantial Development
permit. If a public hearing is not required for the underlying land use permit, a public
hearing shall nevertheless be held before the Hearing Examiner to meet the requirement
for a Shoreline Substantial Development permit. Such hearings shall comply wit the
requirements of Chapter 20.24.
7.4 Application Requirements
A. Chapter 20.92 of the Arlington Municipal Code provides the minimum application
requirements and codifies the form upon which the application must be submitted.
B. A complete application for a Shoreline Substantial Development, Shoreline
Conditional Use, or Shoreline Variance Permit shall contain, at a minimum, the
information listed in WAC 173-27-180. In addition, the applicant shall provide the
following materials:
1. Each applicant shall provide an assessment of the existing ecological
functions and/or processes provided by topographic, physical and vegetation
characteristics of the site, to accompany development proposals, provided
that proposals for single-family residences may be exempt from this
requirement.
2. Each site plan or division of land shall depict to scale the location of buildable
areas, existing and proposed impervious surfaces, critical areas, and allowed
landscaping and yards. Plans shall show area calculations of each feature.
3. The location of any mapped channel migration zone (see Section 4.3.2.B,
Flood Hazard Reduction), floodplain, and/or floodway boundary on and in
the vicinity of the project site. Local watershed plans shall be reviewed to
identify if the parcel has been identified as a priority.
4. Where a view analysis is required per WAC 173-27-180 due to location of
nearby residential or public properties or designated scenic highways, it shall
address the following:
Shoreline Master Program
for Shorelines in the City of Arlington
104
a. The analysis shall include vacant existing parcels of record as well as
existing structures. Vacant parcels of record shall be assumed to be
developed with structures complying with the applicable regulations
of the jurisdiction and the maximum height limitation allowed under
the SMP.
b. The view corridor analysis shall include residential buildings or
public properties located outside of the shoreline jurisdiction if it can
be clearly demonstrated that the subject property has significant
water views.
C. The Shoreline Master Program Administrator may vary or waive these requirements
according to administrative application requirements on a case by case basis. The
Shoreline Master Program Administrator may require additional specific
information depending on the nature of the proposal and the presence of sensitive
ecological features or issues related to compliance with other City requirements, and
the provisions of this SMP.
Table 7.1 Permit Process by Shoreline Permit or Action Type.
TYPE OF
SHORELINE
PERMIT OR
SHORELINE-
RELATED
ACTION
CLASSIFICATION
OF DECISIONS
DECISION
MAKER
DECISION
TIMEFRAME
APPEAL
AUTHORITY
Exemption
Administrative
Decision
Shoreline
Administrator
or his/her
designee
Not to exceed 120
days, unless the City
makes written
findings that a
specified amount of
additional time is
needed
Hearing
Examiner, then
State of
Washington
Shoreline
Hearings Board
Shoreline
Substantial
Development
Permit (SDP)
Quasi-Judicial
Decision
Hearing
Examiner
Not to exceed 120
days, unless the City
makes written
findings that a
specified amount of
additional time is
needed
State of
Washington
Shoreline
Hearings Board
The Watershed Company
January 2011
105
Shoreline
Conditional Use
Permit (CUP)
Quasi-Judicial
Decision
Hearing
Examiner
and Ecology
Not to exceed 120
days, unless the City
makes written
findings that a
specified amount of
additional time is
needed
State of
Washington
Shoreline
Hearings Board
Shoreline
Variance
Quasi-Judicial
Decision
Hearing
Examiner
and Ecology
Not to exceed 120
days, unless the City
makes written
findings that a
specified amount of
additional time is
needed
State of
Washington
Shoreline
Hearings Board
7.5 Shoreline Substantial Development Permits (WAC 173-27-
150)
7.5.1 Permit Required
A Shoreline Substantial Development Permit shall be required for all development of
shorelines, unless the proposal is specifically exempt per Section 7.6.
7.5.2 Permit Review Criteria
In order for the permit to be approved, the decision maker must find that the proposal is
consistent with the following criteria.
A. Is the proposal consistent with the policies and procedures of the Act (RCW 90.58)?
B. Is the proposal consistent with the provisions of Chapter 173-27 WAC, Shoreline
Management Permit and Enforcement Procedures?
C. Is the proposal consistent with this SMP?
7.5.3 Conditions of Approval
The City may attach conditions to the approval of permits as necessary to assure
consistency of the project with the Act and this SMP. Additionally, nothing shall
interfere with the City’s ability to require compliance with all other applicable laws and
plans.
7.6 Exemptions from Shoreline Substantial Development
Permits
(Section based on WAC 173-27-040; RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147,
90.58.355 and 90.58.515)
Shoreline Master Program
for Shorelines in the City of Arlington
106
7.6.1 Compliance with Applicable Regulations Required
An exemption from the Shoreline Substantial Development Permit process is not an
exemption from compliance with the Act or this SMP, or from any other regulatory
requirements. To be authorized, all uses and development must be consistent with the
policies, requirements and procedures of this SMP and the Act.
7.6.2 Interpretation of Exemptions
A. Exemptions shall be construed narrowly. Only those developments that meet the
precise terms of one or more of the listed exemptions may be granted exemption
from the Shoreline Substantial Development Permit process.
B. An exemption from the Shoreline Substantial Development Permit process is not an
exemption from compliance with the Act or this SMP, nor from any other regulatory
requirements. To be authorized, all uses and developments must be consistent with
the policies and provisions of this SMP and the Act. A development or use that is
listed as a conditional use pursuant to this SMP or is an unlisted use, must obtain a
Shoreline Conditional Use Permit even though the development or use does not
require a Shoreline Substantial Development Permit. When a development or use is
proposed that does not comply with the bulk, dimensional and performance
standards of this SMP, such development or use can only be authorized by approval
of a Shoreline Variance.
C. The burden of proof that a development or use is exempt from the permit process is
on the applicant.
D. If any part of a proposed development is not eligible for exemption, then a Shoreline
Substantial Development Permit is required for the entire proposed development
project.
E. The City may attach conditions to the approval of exempted developments and/or
uses as necessary to assure consistency of the project with the Act and this SMP.
Additionally, nothing shall interfere with the City’s ability to require compliance
with all other applicable laws and plans.
7.6.3 Exemptions
Certain developments are exempt from the requirement to obtain a substantial
development permit. Such developments still may require a variance or Conditional Use
permit, and all development within the shoreline is subject to the requirements of this
SMP, regardless of whether a substantial development permit is required.
Developments which are exempt from requirement for a substantial development
permit are identified in WAC 173-27-040 or as subsequently amended.
The Watershed Company
January 2011
107
7.6.4 Letters of Exemption – Required
Letters of exemption shall be issued by the City when an exemption per Section 7.6.2
applies or is required by the provisions of WAC 173-27-050.
7.7 Shoreline Conditional Use Permits (WAC 173-27-160)
7.7.1 Determinations of Conditional Use Permits
A. Uses specifically classified or set forth in this Shoreline Master Program as
conditional uses shall be subject to review and condition by the Hearing Examiner of
the City and by Department of Ecology
B. Other uses which are not classified or listed or set forth in this SMP may be
authorized as conditional uses provided the applicant can demonstrate consistency
with the requirements of this Section and the requirements for conditional uses
contained in this SMP.
C. Uses which are specifically prohibited by this SMP may not be authorized as a
conditional use.
7.7.2 Review Criteria
A. An applicant proposing a conditional use shall demonstrate compliance with review
criteria below or as thereafter amended in WAC 173-27-160.
1. Is the proposed use consistent with the policies of RCW 90.58.020 and this
SMP?
2. Will the proposed use interfere with the normal public use of public
shorelines?
3. Will the proposed use of the site and design of the project be compatible with
other authorized uses within the area and with uses planned for the area
under the comprehensive plan and this SMP?
4. Will the proposed use cause no significant adverse effects to the shoreline
environment in which it is to be located?
5. Will the public interest suffer no substantial detrimental effect?
B. Applicants proposing to exceed maximum height limits shall also comply with the
following criteria:
1. Does the building or structure impact a substantial number of residences?
Are the residences involved on or in an area adjoining the project area? Does
the building or structure exceed 35 feet in height? Is there an obstruction of
view?
Shoreline Master Program
for Shorelines in the City of Arlington
108
2. Has the applicant demonstrated through photographs, videos, photo-based
simulations, or computer-generated simulations that the proposed
development will obstruct less than 30% of the view of the shoreline enjoyed
by a substantial number of residences or from public properties on areas
adjoining such shorelines?
3. Has the applicant located and oriented structures on the subject property in a
manner that diminishes the potential view impact? For example, side yard
setbacks may need to be increased. No side yard setbacks shall be reduced to
accommodate the proposed structure.
4. Has the applicant demonstrated extraordinary circumstances?
5. To address “overriding considerations of the public”, has the applicant
prepared a cumulative impacts analysis that documents the public benefits
served by issuance of a Conditional Use Permit?
C. 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 of the conditional uses shall also remain
consistent with the policies of RCW 90.58.020 and shall not produce substantial
adverse effects to the shoreline environment.
D. The applicant shall prepare a cumulative impact analysis documenting other
properties or uses on the same waterbody that are similarly situated and could
request a similar conditional use permit. The City shall determine whether the
additional potential for conditional use permits will produce substantial adverse
effects to the shoreline environment considering the characteristics of the proposed
use, the ability to achieve no-net-loss of ecological function principles, and capability
of accommodating preferred shoreline uses in the future if the conditional use and
cumulative potential requests occur.
E. For requests to exceed maximum heights, the analysis shall address such
considerations as cumulative view obstruction results of height adjustments (within
a1,000-foot radius) of the proposed development combined with those of other
developments that exceed the 35-foot height limitation, environmental benefits
(enhancement or restoration), public access/open space benefits, and economic
benefits. The cumulative impact analysis shall address overall views that are lost,
compromised, and/or retained; available view corridors; and surface water views
lost, compromised, and/or retained.
The Watershed Company
January 2011
109
7.7.3 Conditions of Approval
In authorizing a conditional use, special conditions may be attached to the permit by the
City or Ecology to prevent undesirable effects of the proposed use and/or to assure
consistency of the project with the Act and this SMP. Additionally, nothing shall
interfere with the City’s ability to require compliance with all other applicable laws and
plans. Mitigation for impacts to ecological function resulting from a variance will be
required.
7.8 Shoreline Variance Permits (WAC 173-27-170)
7.8.1 Purpose
The purpose of a variance is to grant relief to specific bulk or dimensional requirements
set forth in this Shoreline Master Program where there are extraordinary or unique
circumstances relating to the property such that the strict implementation of this
Shoreline Master Program would impose unnecessary hardships on the applicant or
thwart the policies set forth in RCW 90.58.020. Variances from the use regulations of the
SMP are prohibited.
7.8.2 Review Criteria
Shoreline Variances may be authorized, provided the applicant can demonstrate
compliance with the following criteria or as thereafter amended in WAC 173-27-170.
A. Shoreline Variance permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all
instances the applicant must demonstrate that extraordinary circumstances exist and
the public interest shall suffer no substantial detrimental effect.
B. Shoreline Variance permits for development and/or uses that will be located
landward of the OHWM, as defined in RCW 90.58.030 (2)(b), and/or landward of
any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the
applicant demonstrates all of the following:
1. Would the strict application of the bulk, dimensional or performance
standards set forth in this SMP preclude or significantly interfere with
reasonable use of the property?
2. Is the hardship described in B.1 of this subsection specifically related to the
property, and is the hardship the result of unique conditions such as irregular
lot shape, size, or natural features and the application of this SMP, and not,
for example, from deed restrictions or the applicant's own actions?
3. Is the design of the project compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and
Shoreline Master Program
for Shorelines in the City of Arlington
110
shoreline master program and will the project design not cause adverse
impacts to the shoreline environment?
4. Will the variance constitute a grant of special privilege not enjoyed by the
other properties in the area?
5. Is the variance requested the minimum necessary to afford relief?
6. Will the public interest suffer no substantial detrimental effect?
C. Shoreline Variance permits for development and/or uses that will be located
waterward of the OHWM, as defined in RCW 90.58.030 (2)(b), or within any wetland
as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant
demonstrates all of the following:
1. Would the strict application of the bulk, dimensional or performance
standards set forth in this SMP preclude all reasonable use of the property?
2. Is the proposal consistent with the criteria established under subsection
7.8.2.B.2 through B.6 of this section?
3. Will the public rights of navigation and use of the shorelines not be adversely
affected?
D. In the granting of all Shoreline Variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example if
variances were granted to other developments and/or uses in the area where similar
circumstances exist, the total of the variances shall also remain consistent with the
policies of RCW 90.58.020 and shall not cause substantial adverse effects to the
shoreline environment. The applicant shall prepare a cumulative impact analysis
documenting other properties or uses on the same waterbody that are similarly
situated and could request a similar variance. The City shall determine whether the
additional potential for variances will produce substantial adverse effects to the
shoreline environment considering the characteristics of the proposed variance
request, the ability to achieve no-net-loss of ecological function principles, and
capability of accommodating preferred shoreline uses in the future if the variance
and cumulative potential requests occur.
E. Variances from the use regulations of this SMP are prohibited.
7.8.3 Conditions of Approval
In authorizing a variance, special conditions may be attached to the Variance permit by
the City or Ecology to prevent undesirable effects of the proposed use and/or to assure
consistency of the project with the Act and this SMP. Additionally, nothing shall
The Watershed Company
January 2011
111
interfere with the City’s ability to require compliance with all other applicable laws and
plans.
7.9 Permit Conditions
In granting, revising, or extending a shoreline permit, the City may attach such
conditions, modifications, or restrictions thereto regarding the location, character, and
other elements of the proposed development deemed necessary to assure that the
development will be consistent with the policy and provisions of the Act and this SMP,
as well as the supplemental authority provided in RCW 43.21C, as applicable. In cases
involving unusual circumstances or uncertain effects, a condition may be imposed to
require monitoring with future review or re-evaluation to assure conformance with the
Act and this SMP. If the monitoring plan is not implemented, the permittee may be
found to be noncompliant and the permit may be rescinded. (based on authority to
attach conditions in WAC 173-27-045, 150, 160, 170 and example SMPs)
7.10 Duration/Time Requirements of Permits (WAC 173-27-090)
Time duration requirements for Shoreline Substantial Development, Shoreline Variance,
and Shoreline Conditional Use Permits shall be consistent with the following provisions.
A. The time requirements of this section shall apply to all Shoreline Substantial
Development Permits and to any development authorized pursuant to a Shoreline
Variance or Shoreline Conditional Use Permit authorized by this Chapter. Upon a
finding of good cause, based on the requirements and circumstances of the project
proposed and consistent with the policy and provisions of this SMP and this chapter,
the City may adopt different time limits from those set forth in Subsections 7.10.B
and C of this section as a part of action on a Shoreline Substantial Development
Permit.
B. Construction activities shall be commenced or, where no construction activities are
involved, the use or activity shall be commenced within two years of the effective
date of a Shoreline Substantial Development Permit, Shoreline Conditional Use
Permit, or Shoreline Variance. However, the City may authorize a single extension
for a period not to exceed one year based on reasonable factors, if a written request
for extension has been filed with a complete extension application submittal before
the expiration date and notice of the proposed extension is given to parties of record
on the Shoreline Substantial Development Permit and to Ecology.
C. Authorization to conduct development activities shall terminate five years after the
effective date of a Shoreline Substantial Development Permit, Shoreline Conditional
Use Permit, or Shoreline Variance. However, the City may authorize a single
extension for a period not to exceed one year based on reasonable factors, if a written
request for extension has been filed before the expiration date and notice of the
proposed extension is given to parties of record on the Shoreline Substantial
Shoreline Master Program
for Shorelines in the City of Arlington
112
Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance, and
to Ecology.
D. The effective date of a Shoreline Substantial Development Permit, Shoreline
Conditional Use Permit, or Shoreline Variance shall be the date of filing with
Ecology as provided in RCW 90.58.140(6). The permit time periods in subsections B
and C of this section do not include the time during which a use or activity was not
actually pursued due to the pendency of administrative appeals or legal actions or
due to the need to obtain any other government permits and approvals for the
development that authorize the development to proceed, including all reasonably
related administrative or legal actions on any such permits or approvals. The
applicant shall be responsible for informing the City of the pendency of other permit
applications filed with agencies other than the City and of any related administrative
and legal actions on any permit or approval. If no notice of the pendency of other
permits or approvals is given by the applicant to the City prior to the date of the last
action by the City to grant permits and approvals necessary to authorize the
development to proceed, including administrative and legal actions of the City, and
actions under other City development regulations, the date of the last action by the
City shall be the effective date.
E. Revisions to permits under Section 7.14 may be authorized after original permit
authorization has expired, provided that this procedure shall not be used to extend
the original permit time requirements or to authorize substantial development after
the time limits of the original permit.
F. The City shall notify Ecology in writing of any change to the effective date of a
permit, as authorized by this section, with an explanation of the basis for approval of
the change. Any change to the time limits of a permit other than those authorized by
RCW 90.58.143 as amended shall require a new permit application.
7.11 Initiation of Development (WAC 173-27-190)
A. Each permit for a Substantial Development, Shoreline Conditional Use or Shoreline
Variance, issued by the City shall contain a provision that construction pursuant to
the permit shall not begin and is not authorized until twenty-one (21) days from the
date of filing with Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or
until all review proceedings initiated within twenty-one (21) days from the date of
receipt of the decision, except as provided in RCW 90.58.140 (5)(a) and (b). The date
of receipt for a Substantial Development Permit means that date the applicant
receives written notice from Ecology that it has received the decision. With regard to
a permit for a Shoreline Variance or a Shoreline Conditional Use, date of receipt
means the date the City or applicant receives the written decision of Ecology.
The Watershed Company
January 2011
113
B. Permits for Substantial Development, Shoreline Conditional use, or Shoreline
Variance may be in any form prescribed and used by the City, including a combined
permit application form. Such forms will be supplied by the City.
C. A permit data sheet shall be submitted to Ecology with each shoreline permit. The
permit data sheet form shall be consistent with WAC 173-27-990.
7.12 Review Process
A. The application shall be reviewed by the City in accordance with code section 20.92.
B. After a Shoreline Conditional Use or Shoreline Variance application has been
approved by the City, Ecology shall review the permit and make its final decision, in
accordance with WAC 173-27-200.
7.13 Appeals
7.13.1 Appeals of Shoreline Administrator Determinations and Decisions
Administrative review decisions by the Administrator, based on a provision of this SMP,
may be the subject of an appeal to the Hearing Examiner by any aggrieved person. Such
appeals shall be an open record hearing before the Hearing Examiner. Appeals must be
submitted within fourteen (14) calendar days after the date of decision or written
interpretation together with the applicable appeal fee. Appeals submitted by the
applicant or aggrieved person shall contain:
A. The decision being appealed;
B. The name and address of the appellant and his/her interest(s) in the application or
proposed development;
C. The specific reasons why the appellant believes the decision to be erroneous,
including identification of each finding of fact, each conclusion, and each condition
or action ordered which the appellant alleges is erroneous. The appellant shall have
the burden of proving the decision is erroneous;
D. The specific relief sought by the appellant; and
E. The appeal fee established by the City.
Per WAC 173-27-120 the City shall comply with special procedures for limited utility
extensions and bulkheads.
7.13.2 Appeals to Shorelines Hearings Board
Appeals to the Shoreline Hearings Board of a decision on a Shoreline Substantial
Development Permit, Shoreline Conditional Use Permit, Shoreline Variance, or a
decision on an appeal of an administrative action, may be filed by the applicant or any
Shoreline Master Program
for Shorelines in the City of Arlington
114
aggrieved party pursuant to RCW 90.58.180 within twenty-one (21) days of filing the
final decision by the City with Ecology. (RCW 90.58.180)
7.14 Amendments to Permits (WAC 173-27-100)
7.14.1 Revision – When Required
A permit revision is required whenever the applicant proposes substantive changes to
the design, terms or conditions of a project from that which is approved in the permit.
Changes are substantive if they materially alter the project in a manner that relates to its
conformance to the terms and conditions of the permit, this SMP, and/or the policies and
provisions of chapter 90.58 RCW. Changes which are not substantive in effect do not
require approval of a revision.
When an applicant seeks to revise a permit, the City shall request from the applicant
detailed plans and text describing the proposed changes. Proposed changes must be
within the scope and intent of the original permit, otherwise a new permit may be
required, pursuant to Section 7.14.2.
7.14.2 Determination of Scope and Intent
A. If the City determines that the proposed changes are within the scope and intent of
the original permit, and are consistent with this SMP and the Act, the City may
approve a revision. "Within the scope and intent of the original permit" means all of
the following:
1. No additional over water construction is involved;
2. Ground area coverage and height may be increased a maximum of ten
percent (10%) from the provisions of the original permit;
3. The revised permit does not authorize development to exceed height, lot
coverage, setback, or any other requirements of this SMP except as
authorized under a Shoreline Variance granted as the original permit or a
part thereof;
4. Additional or revised landscaping is consistent with any conditions attached
to the original permit and with this SMP;
5. The use authorized pursuant to the original permit is not changed; and
6. No adverse environmental impact, including disturbance of existing
vegetation or natural drainages, will be caused by the project revision.
The Watershed Company
January 2011
115
B. If the sum of the revision and any previously approved revisions are not within the
scope and intent of the original permit, the City shall require that the applicant apply
for a new permit.
7.14.3 Timing of Revision Authorization
Revisions to permits may be authorized after original permit authorization has expired
under RCW 90.58.143. The purpose of such revisions shall be limited to authorization of
changes which are consistent with WAC 173-27-100 and which would not require a
permit for the development or change proposed under the terms of chapter 90.58 RCW
and this SMP. If the proposed change constitutes substantial development then a new
permit is required. Provided, this subsection shall not be used to extend the time
requirements or to authorize substantial development beyond the time limits of the
original permit.
7.14.4 Filing of Revision
A. The revision approval, including the revised site plans and text consistent with the
provisions of Section 7.4 and 7.14 as necessary to clearly indicate the authorized
changes, and the final ruling on consistency with this section shall be filed with
Ecology. In addition, the City shall notify parties of record of their action.
B. If the revision to the original permit involves a Shoreline Conditional Use Permit or
Shoreline Variance, the City shall submit the revision to Ecology for Ecology's
approval, approval with conditions, or denial, and shall indicate that the revision is
being submitted under the requirements of this subsection. Ecology shall render and
transmit to the City and the applicant its final decision within fifteen (15) days of the
date of Ecology’s receipt of the submittal from the City. The City shall notify parties
of record of Ecology’s final decision.
7.14.5 Effective Date of Revised Permit
A. The revised permit is effective immediately upon final decision by the City or, when
appropriate under Subsection 7.14.4 of this section, upon final action by Ecology.
7.14.6 Appeal of Revised Permit
A. Appeals of a revised permit shall be in accordance with RCW 90.58.180 and shall be
filed within twenty-one (21) days from the date of receipt of the City’s action by
Ecology or, when appropriate under Subsection 6.7.3.B, the date Ecology’s final
decision is transmitted to the City and the applicant.
B. Appeals shall be based only upon contentions of noncompliance with the provisions
of Subsection 7.14.1.
C. Construction undertaken pursuant to that portion of a revised permit not authorized
under the original permit is at the applicant's own risk until the expiration of the
appeals deadline.
Shoreline Master Program
for Shorelines in the City of Arlington
116
D. If an appeal is successful in proving that a revision is not within the scope and intent
of the original permit, the decision shall have no bearing on the original permit.
7.15 Enforcement
A. The enforcement of this SMP shall be through the procedures established by RCW
90.58.210-230 and WAC 173-287-240 through 173-27-310. The Act provides for a
variety of means of enforcement, including civil and criminal penalties, orders to
cease and desist, orders to take corrective action, and permit rescission.
The Watershed Company
January 2011
117
8 D EFINITIONS
A
ACCESSORY. Any use or development incidental to and subordinate to a primary use
of a shoreline use or development. The terms accessory and appurtenant are
synonymous. See also APPURTENANCE, RESIDENTIAL.
ACT. The Washington State Shoreline Management Act, chapter 90.58 RCW. ((WAC
173-26-020(1))
ADEQUATE. Sufficient to satisfy an adopted requirement. If the City does not have an
adopted requirement, adequate means to meet a need or demand generated by the
proposed shoreline development or use as determined by the authority responsible to
determine compliance with the Shoreline Master Program per Chapter 7.
ADVERSE IMPACT. An impact that can be measured or is tangible and has a
reasonable likelihood of causing moderate or greater harm to ecological functions or
processes or other elements of the shoreline environment.
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; and maintaining
agricultural lands under production or cultivation. (WAC 173-26-020(3)(a)) See also
EXISTING AND ONGOING AGRICULTURAL ACTIVITIES.
AGRICULTURAL EQUIPMENT AND AGRICULTURAL FACILITIES. Include, but
are not limited to:
A. The following used in agricultural operations: Equipment; machinery; constructed
shelters, buildings, and ponds; fences; water diversion, withdrawal, conveyance, and
use equipment and facilities including, but not limited to, pumps, pipes, tapes,
canals, ditches, and drains;
B. Corridors and facilities for transporting personnel, livestock, and equipment to,
from, and within agricultural lands;
C. Farm residences and associated equipment, lands, and facilities; and
Shoreline Master Program
for Shorelines in the City of Arlington
118
D. Roadside stands and on-farm markets for marketing fruit or vegetables. (WAC 173-
26-020(3)(c))
AGRICULTURAL LAND. Areas on which agricultural activities are conducted as of
the date of adoption of this SMP pursuant to the State Shoreline Guidelines as evidenced
by aerial photography or other documentation. After the effective date of this SMP, land
converted to agricultural use is subject to compliance with the requirements herein.
(WAC 173-26-020(3)(d))
AGRICULTURAL PRODUCTS. Includes, but is not limited to, horticultural,
viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed,
and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood
and similar hardwood trees grown as crops and harvested within twenty (20) years of
planting; and livestock including both the animals themselves and animal products
including, but not limited to, meat, poultry and poultry products, and dairy products.
(WAC 173-26-020(3)(b))
ALTERATION. Any human induced change in an existing condition of a shoreline,
critical area and/or its buffer. Alterations include, but are not limited to grading, filling,
channelizing, dredging, clearing (vegetation), draining, construction, compaction,
excavation, or any other activity that changes the character of the area.
AMENDMENT. A revision, update, addition, deletion, and/or reenactment to an
existing shoreline master program. (WAC 173-26-020(4))
ANADROMOUS FISH. Fish species that spend most of their lifecycle in saltwater, but
return to freshwater to reproduce.
APPLICABLE. The shoreline goal, objective, policy, or standard is relevant or
appropriate, or the shoreline development meets the threshold upon which a
requirement is based as determined by the authority responsible to determine
compliance with the Shoreline Master Program per Chapter 7.
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 this chapter; 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. (WAC 173-26-020(5))
APPURTENANCE, RESIDENTIAL. Improvement necessarily connected to the use and
enjoyment of a single-family residence when located landward of the OHWM, the
perimeter of a wetland and outside their corresponding required buffers.
Appurtenances may include, but are not limited to, a garage and/or shop; driveway;
The Watershed Company
January 2011
119
utilities; water craft storage (upland); swimming pools; hot tubs; sport courts; shoreline
stabilization (consistent with WAC 173-27-030(c)); retaining walls; fences; yards; saunas;
cabanas; antennas; decks; walkways; and installation of a septic tank and drainfield and
grading which does not exceed fifty cubic yards and which does not involve placement
of fill in any wetland or waterward of the OHWM. (based on WAC 173-27-040)
AQUATIC. Pertaining to those areas waterward of the OHWM.
AQUACULTURE. The cultivation of fish, shellfish, and/or other aquatic animals or
plants, including the incidental preparation of these products for human use.
ARCHAEOLOGICAL OBJECT means an object that comprises the physical evidence of
an indigenous and subsequent culture including material remains of past human life
including monuments, symbols, tools, facilities, graves, skeletal remains and
technological by-products. (State DAHP recommendations)
ARCHAEOLOGICAL RESOURCE/SITE means a geographic locality in Washington,
including, but not limited to, submerged and submersible lands and the bed of the sea
within the state’s jurisdiction, that contains archaeological objects. (State DAHP
recommendations) Resource sites on maps provided by the Stillaguamish Tribe describe
known use areas with a high likelihood of disturbing archaeological objects.
ARCHAEOLOGICAL. Having to do with the scientific study of material remains of
past human life and activities. (State DAHP recommendations)
ARCHAEOLOGIST, PROFESSIONAL. A person who meet qualification standards
promulgated by DAHP and the National Park Service and published in 36 CFR Part 61
and which define minimum education and experience required to perform
identification, evaluation, registration and treatment activities for archaeological sites.
In some cases, additional areas or levels of expertise may be needed, depending on the
complexity of the task and the nature of the properties involved. (Based on
http://www.dahp.wa.gov/pages/EnvironmentalReview/Consultants.htm)
ASSOCIATED WETLANDS. Wetlands that are in proximity to tidal waters, lakes,
rivers or streams that are subject to the Act and either influence or are influenced by
such waters. (WAC 173-22-030(1)) Factors used to determine proximity and influence
include, but are not limited to: location contiguous to a shoreline waterbody, formation
by tidally influenced geo-hydraulic processes, presence of a surface connection
including through a culvert or tide gate, location in part or whole within the floodplain
of a shoreline, periodic inundation, and/or hydraulic continuity.
AUTHORIZED USE. Any use allowed in shoreline jurisdiction either by appropriate
shoreline permit or exemption.
Shoreline Master Program
for Shorelines in the City of Arlington
120
AVERAGE GRADE LEVEL. 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: In the case of structures to be built over water, average
grade level shall be the elevation of the ordinary high water mark. Calculation of the
average grade level shall be made by averaging the ground elevations at the midpoint of
all exterior walls of the proposed building or structure.” (WAC 173-27-030(3))
B
BEACH. The zone of unconsolidated material that is moved by waves and wind
currents, extending landward to the shoreline.
BEACH ENHANCEMENT/RESTORATION. Process of restoring a beach to a state
more closely resembling a natural beach, using beach feeding, vegetation, drift sills and
other nonintrusive means as applicable.
BERM. A linear mound or series of mounds of sand and/or gravel generally paralleling
the water at or landward of the OHWM. Also, a linear mound used to screen an
adjacent activity, such as a parking lot, from transmitting excess noise and glare. Also a
raised planting area in wetland or stream buffers.
BEST MANAGEMENT PRACTICES. Conservation practices or systems of practices
and management measures, often promulgated by state and federal agencies or the City,
that:
A. Control soil loss and reduce water quality degradation caused by nutrients, animal
waste, toxins, stormwater, and sediment;
B. Minimize adverse impacts to surface water and ground water flow, circulation
patterns, and to the chemical, physical, and biological characteristics of waters,
wetlands, and other fish and wildlife habitats;
C. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw
material.
D. Landscaping practices that do not rely on the use of herbicides, pesticides or
fertilizers that can enter the shoreline environment.
BIOENGINEERING. The use of biological elements, such as the planting of vegetation,
often in conjunction with engineered systems, to provide a structural shoreline
stabilization measure with minimal negative impact to the shoreline ecology.
BIOFILTRATION SYSTEM. A stormwater or other drainage treatment system that
utilizes as a primary feature the ability of plant life to screen out and metabolize
The Watershed Company
January 2011
121
sediment and pollutants. Typically, biofiltration systems are designed to include grassy
swales, rain gardens, retention ponds and other vegetative features.
BOATHOUSE. Any roofed and enclosed structure built onshore or offshore for storage
of watercraft or float planes.
BOATING FACILITIES. Developments and uses that support access to shoreline
waters for purposes of boating, including public or commercial boat launches.
BOAT LAUNCH. Any structure used for transferring watercraft between uplands and
the water. Boat launches are typically launch ramps, but may also include other
mechanisms such as a hoist or crane often used at dry storage locations.
BOG. A wet, spongy, poorly drained area which is usually rich in very specialized
plants, contains a high percentage of organic remnants and residues, and frequently is
associated with a spring, seepage area, or other subsurface water source. A bog
sometimes represents the final stage of the natural process of eutrophication by which
lakes and other bodies of water are very slowly transformed into land areas.
BUFFER OR SHORELINE BUFFER. The area adjacent to a shoreline providing critical
area functions that separates and protects the waterbody from adverse impacts
associated with adjacent land uses. It is designed and designated to remain vegetated in
an undisturbed and natural condition to protect an adjacent aquatic or wetland site from
upland impacts, to provide habitat for wildlife, to afford limited public access, and to
accommodate certain other specified uses that benefit from a shoreline location. The
dimensions of the shoreline buffer are established in the Vegetation Conservation
sections of this SMP.
BUILDING. Any combination of materials constructed, placed or erected permanently
on the ground or attached to something having a permanent location on the ground, for
the purpose of shelter, support or enclosure of persons, animals or property, or when
supporting any use, occupancy or function. Excluded from this definition are structures
waterward of the OHWM, all forms of vehicles even though immobilized, residential
fences, retaining walls less than three feet in height, rockeries and similar improvements
of a minor nature. The terms building and structure are synonymous.
BULKHEAD. A solid wall erected generally parallel to and at or near the OHWM for
the purpose of protecting adjacent uplands from waves or current action.
BUOY, MOORING. An anchored float for the purpose of mooring vessels .
BUOY, NAVIGATION. An anchored float for the purpose of identifying navigational
hazards or directing watercraft traffic.
C
Shoreline Master Program
for Shorelines in the City of Arlington
122
CHANNEL MIGRATION ZONE (CMZ). The area along a river or stream within
which the channel(s) can reasonably be expected to migrate over time as a result of
natural and normally occurring hydrological and related processes when considered
with the characteristics of the river and its surroundings. (WAC 173-26-020(6)) It
encompasses that area of current and historic lateral stream channel movement that is
subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as
well as adjacent areas that are susceptible to channel erosion. The definition utilized by
FEMA references where the river has migrated over the past 100-years, and may be
expected to migrate over the next 100-years.
CHANNELIZATION. The straightening, relocation, deepening or lining of stream
channels, including construction of continuous revetments or levees for the purpose of
preventing gradual, natural meander progression.
CITY. The City of Arlington.
CLEARING. The destruction or removal of vegetation ground cover, shrubs and trees
including, but not limited to, root material removal, duff and/or topsoil removal.
COMMERCIAL DEVELOPMENT. Those developments whose primary use is for
retail, service or other commercial business activities. Included in this definition are
developments such as hotels, motels, bed and breakfast establishments, or other
commercial accommodations, shops, restaurants, banks, professional offices, grocery
stores, laundromats, recreational vehicle parks, and indoor or intensive outdoor
commercial recreation facilities.
COMMERCIAL USES. Commercial uses are those activities engaged in commerce and
trade and involving the exchange of money, including but not limited to, retail, services,
wholesale, or business trade activities. Examples include, but are not limited to, hotels,
river guide services, motels, or other commercial accommodations, grocery stores,
restaurants, shops, commercial recreation facilities, and offices.
COMMUNITY ACCESS. The right of all property owners or members of a residential
development to reach and use the waters of the State, the water/land interface, and
associated shoreline area. It includes physical access that is either lateral (areas
paralleling the shore) or perpendicular (an easement or community corridor to the
shore), and/or visual access facilitated by scenic roads and overlooks, viewing platforms,
and other community sites or facilities. Community access is not intended for the
general public. (example SMPs)
CONDITIONAL USE, SHORELINE. A use, development, or substantial development
which is classified as a Conditional Use or is not classified within this SMP. Those
activities identified as conditional uses or not classified in this SMP must be treated
according to the review criteria established in WAC 173-27-160. (WAC 173-27-030)
The Watershed Company
January 2011
123
CONSERVATION. The prudent management of rivers, streams, wetlands, wildlife and
other environmental resources in order to preserve and protect them. This includes the
sustainable use of natural resources to prevent depletion or harm to the environment.
CONSERVATION EASEMENT. A legal agreement that the property owner enters into
to restrict uses of the land for purposes of natural resources conservation. The easement
is recorded on a property deed, runs with the land, and is legally binding on all present
and future owners of the property.
CONTAMINANT. Any chemical, physical, biological, or radiological substance that
does not occur naturally in ground water, air, or soil or that occurs at concentrations
greater than those in the natural levels (WAC 173-200).
COUNTY. Snohomish County, Washington.
CRITICAL AQUIFER RECHARGE AREA. Areas designated by WAC 365-190-080(2)
that are determined to have a critical recharging effect on aquifers (i.e., maintain the
quality and quantity of water) used for potable water as defined by WAC 365-190-030(2).
May also include those recharge areas that provide input to groundwater that provides
low summer base flow maintenance to the river supporting cool water temperatures for
listed salmonids.
CRITICAL HABITAT. Habitat areas with which endangered, threatened, sensitive or
monitored plant, fish, or wildlife species have a primary association (e.g., feeding,
breeding, rearing of young, migrating). Such areas are identified in AMC 20.88.400, with
reference to lists, categories, and definitions promulgated by the Washington
Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the
Priority Habitat and Species (PHS) program of the Department of Fish and Wildlife; or
by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine
Fisheries Service, or other agency with jurisdiction for such designations. Local
watershed plans also provide critical habitat information.
D
DAHP. The State of Washington Department of Archaeology and Historic Preservation.
DEPARTMENT OF ECOLOGY OR ECOLOGY. The Washington State Department of
Ecology. (WAC 173-27-030)
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 project of a permanent or
temporary nature which interferes with the normal public use of the surface of the
waters of the state subject to Chapter 90.58 RCW at any stage of water level. (RCW
90.58.030(3)(d).)
Shoreline Master Program
for Shorelines in the City of Arlington
124
DEVELOPMENT REGULATIONS. The controls placed on development or land uses
by local government, including, but not limited to, zoning ordinances, critical areas
ordinances, grading ordinances, all portions of a shoreline master program other than
goals and policies approved or adopted under Chapter 90.58 RCW, planned unit
development ordinances, subdivision ordinances, and binding site plan ordinances
together with any amendments thereto. (WAC 173-26-020(8))
DIKE. An artificial embankment or revetment normally set back from the bank or
channel in the floodplain for the purpose of keeping floodwaters from inundating
adjacent land.
DOCK. All platform structures or anchored devices in, suspended over, or floating on
waterbodies to provide moorage for pleasure craft (including watercraft and float
planes) or landing for water-dependent recreation including, but not limited to, piers,
floats, and swim floats. Excluded are launch ramps. Docks often consist of a nearshore
pier with a ramp to an offshore float. See also PIER.
DOCUMENT OF RECORD. The most current shoreline master program officially
approved or adopted by rule by the Department of Ecology for a given local government
jurisdiction, including any changes resulting from appeals filed pursuant to RCW
90.58.190. (WAC 173-26-020(9))
DREDGING. Excavation or displacement of the bottom or shoreline of a waterbody.
E
ECOLOGICAL FUNCTIONS (or SHORELINE FUNCTIONS). 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. (WAC 173-26-020(11))
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. (WAC 173-26-020(12))
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 and facilities from the elements. Emergency
construction does not include development of new permanent protective structures
where none previously existed. Where new protective structures are deemed by the
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
The Watershed Company
January 2011
125
which would have been required, absent an emergency, pursuant to Chapter 90.58
RCW, these regulations, or this SMP, shall be obtained. All emergency construction
shall be consistent with the policies of Chapter 90.58 RCW and this SMP. As a general
matter, flooding or seasonal events that can be anticipated and may occur but that are
not imminent are not an emergency. (RCW 90.58.030(3eiii))
ENHANCEMENT. Alteration of an existing resource to improve or increase its
characteristics, functions, or processes without degrading other existing ecological
functions. Enhancements are to be distinguished from resource creation or restoration
projects. See also BEACH ENHANCEMENT/RESTORATION.
EROSION. The wearing away of land by the action of natural forces.
EXCAVATION. The disturbance, displacement and/or disposal of unconsolidated earth
material such as silt, sand, gravel, soil, wood, rock or other material from all areas
landward of OHWM.
EXEMPTION. Certain specific developments as listed in WAC 173-27-040 are exempt
from the definition of substantial developments are therefore exempt from the Shoreline
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 this SMP. Conditional use and/or
variance permits may also still be required even though the activity does not need a
Shoreline Substantial Development Permit. (RCW 90.58.030(3e); WAC 173-27-040.)
EXISTING AND ONGOING AGRICULTURAL ACTIVITIES. Those activities
conducted on lands defined in RCW 36.70A.030 and those activities involved in the
production of crops and livestock, including, but not limited to, operation and
maintenance of existing farm and stock ponds or drainage ditches, irrigation systems,
changes between agricultural activities, and maintenance or repair of existing
serviceable structures and facilities. Activities that result in the filling of an area or bring
an area into agricultural use are not part of an ongoing activity. An operation ceases to
be ongoing when the area on which it was conducted has been converted to a non-
agricultural use, or has lain idle for more than five (5) years unless that idle land is
registered in a federal or state soils conservation program. Forest practices are not
included in this definition. (term used in WAC 173-26-221(3); defined based on example
SMPs and Growth Management Act)
F
FAIR MARKET VALUE. 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,
Shoreline Master Program
for Shorelines in the City of Arlington
126
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. (WAC 173-27-030)
FEASIBLE. For the purpose of this master program, 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, or studies or tests have demonstrated 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.
Reasonable means acceptable and according to common sense or normal practice.
C. The action does not physically preclude achieving the project's primary intended
use. (WAC 173-26-020(13))
In cases where these guidelines require certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant.
In determining an action's infeasibility, the City may weigh the action's relative public
costs and public benefits, considered in the short- and long-term time frames. (WAC
173-26-020(13)) See INFEASIBLE
FILL. The addition of soil, sand, rock, gravel, sediment, wood products, 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. (WAC 173-26-
020(14))
FLOATS. A detached, anchored platform that is free to rise and fall with water levels,
used for boat mooring, swimming or similar recreational activities that is not anchored
or accessed directly from the shoreline.
FLOOD CONTROL WORKS. Flood control works means methods or facilities
designed to reduce flooding of adjacent lands, to control or divert stream flow, to retard
bank erosion, or to create a reservoir.
A. Nonstructural measures include, but are not limited to, shoreline buffers, land use
controls, wetland restoration, dike removal, use relocation, biotechnical measures,
storm water management programs, land or easement acquisition, voluntary
protection and enhancement projects, or incentive programs.
The Watershed Company
January 2011
127
B. Structural measures include, but are not limited to, dikes, levees, revetments,
floodwalls, channel realignment, and channel reconnection.
FLOODPLAIN. Synonymous with one hundred-year floodplain and means that land
area susceptible to inundation with a one percent chance of being equaled or exceeded
in any given year. The limit of this area shall be based upon flood ordinance regulation
maps or a reasonable method which meets the objectives of the Act. (WAC 173-26-
020(15))
FLOODWAY. The area, as identified in a master program, that either: (i) Has been
established in federal emergency management agency flood insurance rate maps,
updated flood modeling, 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
groundcover condition. 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. (RCW
90.58.030(2)(g))
FREQUENTLY FLOODED AREA. Means an area subject to flooding, as defined by
FIRM, once every one hundred years. Local documentation of ongoing or repetative
inundation of specific areas by urban or large river flooding.
G
GEOTECHNICAL ANALYSIS. A scientific study or evaluation conducted by a
qualified expert that includes a description of the ground and surface 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
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 engineers or geologists who are
knowledgeable about the regional and local shoreline geology and processes. (WAC 173-
26-020(16))
GEOTECHNICAL REPORT. See GEOTECHNICAL ANALYSIS.
GRADE. See average grade level.
Shoreline Master Program
for Shorelines in the City of Arlington
128
GRADING. The movement or redistribution of the soil, sand, rock, gravel, sediment,
wood materials or other material on a site in a manner that alters the natural contour of
the land. (WAC 173-26-020(17))
GRASSY SWALE. A vegetated drainage channel that is designed to remove various
pollutants from storm water runoff through biofiltration.
GRAY WATER. Sewage from bathtubs, showers, bathroom sinks, washing machines,
dishwashers, and kitchen sinks. It includes sewage from any source in a residence or
structure that has not come into contact with toilet wastes.
GROINS. A barrier type of structure extending from the backshore or stream bank into
a waterbody for the purpose of the protection of a shoreline and adjacent uplands by
influencing the movement of water or deposition of materials.
GROUNDWATER. All water that exists beneath the land surface or beneath the bed of
any stream, lake or reservoir, or other body of surface water within the boundaries of
the state, whatever may be the geological formation or structure in which such water
stands or flows, percolates or otherwise moves (Chapter 90.44 RCW).
GROWTH MANAGEMENT ACT. RCW 36.70A and 36.70B, as amended.
GUIDELINES. Those standards adopted by the Department of Ecology into the
Washington Administrative Code (WAC) 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 of Ecology in developing and amending master programs. (WAC 173-26-
020(18))
H
HABITAT. The place, including physical and biotic conditions, where a plant or animal
usually occurs or could occur and is fundamentally linked to the actual or potential
distribution and abundance of species. A species may use a habitat or a structural
component of the habitat for all or part of its lifecycle, and may adapt to use various
habitats. Habitat is scale-dependent and refers to a large geographic area, a species’
home range, a local setting, or a site-specific feature. Habitat may perform a specific
function for a species or multiple species, and may include those elements necessary for
one or more species to escape extreme conditions, feed, migrate, breed, or travel.
HARD STRUCTURAL SHORELINE STABILIZATION. Shoreline erosion control
practices using hardened structures that armor and stabilize the shoreline from further
erosion. Hard structural shoreline stabilization typically uses concrete, boulders,
The Watershed Company
January 2011
129
dimensional lumber or other materials to construct linear, vertical or near-vertical faces.
These include bulkheads, rip-rap, sheet pile, groins, and similar structures.
HEIGHT. The vertical dimension measured from average grade to the highest point of
a structure; provided that, antennas, chimneys, and similar appurtenances shall not be
used in calculating height, unless such appurtenance obstructs the view of a substantial
number of adjacent residences. Temporary construction equipment is excluded in this
calculation. (WAC 173-27-030)
HISTORIC PRESERVATION PROFESSIONAL. Individuals who meet standards
promulgated by the DAHP as well as the National Park Service and published in 36 CFR
Part 61. These standards address minimum education and experience required to
perform identification, evaluation, registration and treatment activities for historic
properties. In some cases, additional areas or levels of expertise may be needed,
depending on the complexity of the task and the nature of the properties involved.
(Based on http://www.dahp.wa.gov/pages/EnvironmentalReview/Consultants.htm)
HISTORIC SITE. Sites that are eligible or listed on the Washington Heritage Register,
National Register of Historic Places or any locally developed historic registry formally
adopted by the City. (State DAHP recommendations)
HYDROLOGICAL. Referring to the science related to the waters of the earth including
surface and ground water movement, evapotranspiration and precipitation.
Hydrological functions in shoreline include, water movement, storage, flow variability,
channel movement and reconfiguration, recruitment and transport of sediment and
large wood, and nutrient and pollutant transport, removal and deposition.
I
IMPERVIOUS SURFACE. Those hard surfaces that prevent or retard the entry of water
into the soil. Such surfaces include, but are not limited to, rooftops, asphalt or concrete
paving, gravel driveways, parking lots, walkways, patio areas or storage areas, which
similarly affect the natural infiltration.
INFEASIBLE. To determine that an action, such as a development project, mitigation,
or preservation requirement, is infeasible, the following conditions are found:
A. The action cannot be accomplished with technologies and methods that have been
used in the past, or studies or tests have demonstrated that such approaches are
currently not available or unlikely to achieve the intended results.
B. The action provides is not likely to achieve its intended purpose.
C. The action precludes achieving the project's primary intended use.
Shoreline Master Program
for Shorelines in the City of Arlington
130
D. The action's relative public costs and public benefits, considered in the short- and
long-term time frames, show the costs far outweigh the benefits.
In cases where these guidelines require certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the City may weigh the action's relative public costs and public benefits,
considered in the short- and long-term time frames. (WAC 173-26-020(13))
INDUSTRIAL DEVELOPMENT. Facilities for processing, manufacturing, and storage
of finished or semi-finished goods, including but not limited to oil, metal or mineral
product refining, power generating facilities, including hydropower, ship building and
major repair, storage and repair of large trucks and other large vehicles or heavy
equipment, related storage of fuels, commercial storage and repair of fishing gear,
warehousing construction contractors’ offices and material/equipment storage yards,
wholesale trade or storage, and log storage on land or water, together with necessary
accessory uses such as parking, loading, and waste storage and treatment. Excluded
from this definition are mining including onsite processing of raw materials, and off site
utility, solid waste, road or railway development, and methane digesters that are
accessory to an agricultural use.
INDUSTRIAL USES. The production, processing, manufacturing, or fabrication of
goods or materials, including warehousing and storage of materials or production.
INFILTRATION. The passage or movement of water into the soil surface.
INSTITUTIONAL. Those public and/or private facilities including, but not limited to,
police and fire stations, libraries, activity centers, schools, educational centers, water-
oriented research facilities, and similar uses. These may also be called public facilities.
IN-WATER STRUCTURE. Structure placed by humans within a stream, river or lake
waterward of the OHWM that either causes or has the potential to cause water
impoundment or the diversion, obstruction, or modification of water flow. In-water
structures may include those for hydroelectric generation, irrigation, water supply, flood
control, transportation, utility service transmission, fish habitat enhancement, or other
purpose.
INVASIVE SPECIES. A species that is 1) non-native (or alien) to the City of Arlington
and 2) whose introduction causes or is likely to cause economic or environmental harm
or harm to human health. Invasive species can be plants, animals, and other organisms
(e.g., microbes). Human actions are the primary means of invasive species
introductions.
J
The Watershed Company
January 2011
131
JURISDICTION. The shoreline jurisdiction as established in Chapter 1 of this SMP.
L
LANDSLIDE. A general term covering a wide variety of mass movement landforms
and processes involving the down slope transport, under gravitational influence of soil
and rock material en masse; included are debris flows, debris avalanches, earthflows,
mudflows, slumps, mudslides, rock slides, and rock falls.
LARGE WOODY DEBRIS. Logs, limbs, or root wads 4 inches or larger in diameter,
delivered to waterbodies from adjacent riparian or upslope areas or from upstream
areas. (based on a definition in a WDFW document)
LAUNCH RAMP. An inclined slab, set of pads, planks, or graded slope which extends
waterward of the OHWM, and is used for transferring watercraft between uplands and
the water with trailers or occasionally by hand.
LEGALLY ESTABLISHED. A use or structure in compliance with the laws and rules in
effect at the time of creation of the use or structure.
LEVEE. A natural or artificial embankment on the bank of a stream for the purpose of
keeping floodwaters from inundating adjacent land. Some levees have revetments on
their sides.
LITTORAL. Living on, or occurring on, the shore.
LITTORAL DRIFT. The mud, sand, or gravel material moved parallel to the shoreline
in the nearshore zone by waves and currents.
LOCAL GOVERNMENT. Any county, incorporated city or town which contains
within its boundaries shorelines of the state subject to chapter 90.58 RCW. (WAC 173-26-
020(19))
M
MAINTENANCE, NORMAL. Those usual acts to prevent a decline, lapse, or cessation
from a legally established condition.
MARINA. A public or private water-dependent wet moorage facility for pleasure craft
and/or commercial craft where goods, moorage or services related to boating may be
sold commercially or provided for a fee e.g. yacht club, etc. Dry storage and launching
facilities, either boat launch, crane or hoist, may also be provided.
MAY. Refers to actions that are acceptable, provided they conform to the provisions of
this master program and the Act. (WAC 173-26-020(21))
Shoreline Master Program
for Shorelines in the City of Arlington
132
MINERAL EXTRACTION. The removal of topsoil, gravel, rock, clay, sand or other
earth material, including accessory activities such as washing, sorting, screening,
crushing and stockpiling. Not included is the leveling, grading, filling, or removal of
materials during the course of normal site preparation for an approved use (e.g.,
residential subdivision, commercial development, etc.) subject to the provisions of this
SMP.
MITIGATION (or MITIGATION SEQUENCING). The process of avoiding, reducing,
or compensating for the environmental impact(s) of a proposal.
MIXED USE. A combination of uses within the same building or site as a part of an
integrated development project with functional interrelationships and coherent physical
design.
MIXED USE COMMERCIAL. Developments that include water-dependent commercial
uses combined with water-related, water-enjoyment uses and/or non-water-oriented
commercial uses. Mixed-use developments can be a tool for water-dependent activities,
civic revitalization, and public access to the shoreline.
MIXED USE RESIDENTIAL. Mixed use developments that include water-dependent
and water-oriented commercial uses together with single-family or multi-family uses
while promoting public access for significant numbers of the public or providing an
ecological restoration resulting in a public benefit. This mix of uses is intended to reduce
transportation trips, use land efficiently, and provide for waterfront commerce and
housing options.
MODIFICATION. A change or alteration in existing materials, including structures
and plans.
MODIFICATION, SHORELINE. 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, dock, weir, dredged basin, fill, bulkhead, or other shoreline
structures. They can include other actions, such as clearing, grading, or application of
chemicals. (WAC 173-26-020(31))
MOORAGE FACILITY. Any device or structure used to secure a boat or a vessel,
including piers, docks, piles, lift stations ,buoys and private boat launches.
MULTI-FAMILY DWELLING (or RESIDENCE). A building containing two or more
dwelling units, including, but not limited to, duplexes, apartments and condominiums.
MUST. A mandate; the action is required. (WAC 173-26-020(22))
N
The Watershed Company
January 2011
133
NAVIGABLE WATERS. Navigable waters of the United States are those waters that are
presently used, or have been used in the past, or may be susceptible for use to transport
interstate or foreign commerce. A determination of navigability, once made, applies
laterally over the entire surface of the waterbody, and is not extinguished by later
actions or events which impede or destroy navigable capacity.
NECESSARY. A word describing an element that is essential, indispensable or needed
to achieve a certain result or effect. (www. Dictionary.com)
NO NET LOSS. A public policy goal and requirement to maintain the aggregate total of
the City’s shoreline ecological functions at its current level of environmental resource
productivity. For purposes of reviewing and approving this SMP, “current” is
equivalent to the date of the Final Shoreline Inventory and Analysis Report (date). As a
development and/or mitigation standard, no net loss requires that the impacts of a
particular shoreline development and/or use, whether permitted or exempt, be
identified and prevented or mitigated, such that it has no resulting adverse impacts on
shoreline ecological functions or processes relative to the legal condition just prior to the
proposed development and/or use.
NONCONFORMING USE OR DEVELOPMENT. A shoreline use or development
which was lawfully constructed or established prior to the effective date of the Act (June
1, 1971; RCW 90.58.920) or this SMP (INSERT DATE), or amendments thereto, but which
does not conform to present regulations or standards of the SMP.
NONPOINT POLLUTION. Pollution that enters any waters of the state from any
dispersed land-based or water-based activities, including, but not limited to,
atmospheric deposition, surface water runoff from agricultural lands, urban areas, or
forest lands, subsurface or underground sources, or discharges from boats or marine
vessels not otherwise regulated under the National Pollutant Discharge Elimination
System program.
NONWATER-ORIENTED USES. Those uses that are not water-dependent, water-
related, or water-enjoyment. (WAC 173-26-020(23))
NORMAL MAINTENANCE. See MAINTENANCE, NORMAL and REPAIR,
NORMAL”
NORMAL PROTECTIVE BULKHEAD. Those structural and nonstructural
developments installed at or near, and parallel to, the OHWM for the sole purpose of
protecting an existing single-family residence and appurtenant structures from loss or
damage by erosion. (WAC 173-27-040(2)(c))
NORMAL REPAIR. See REPAIR, NORMAL and MAINTENANCE, NORMAL
Shoreline Master Program
for Shorelines in the City of Arlington
134
NOXIOUS WEEDS. A special sub-class of invasive plant species listed as Class A or B
by the Washington State Noxious Weed Control Board .
O
OFF-SITE REPLACEMENT. To replace wetlands or other shoreline environmental
resources away from the site on which a resource has been impacted by a regulated
activity.
ORDINARY HIGH WATER MARK (OHWM). That mark that will be found by
examining the bed and banks and ascertaining where the presence and action of waters
are so common and usual, and so long continued in all ordinary years, as to mark upon
the soil a character distinct from that of the abutting upland, in respect to vegetation as
that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may
change thereafter in accordance with permits issued by a local government or the
Department of Ecology. See RCW 90.58.030(2)(b).
OVERWATER STRUCTURES. Any structure located waterward of the OHWM.
Common examples include, but are not limited to, residential docks, marinas, and
bridges over waterways.
P
PARKING. A place where vehicles are temporarily stored while an activity is being
conducted. Local parking is located onsite intended to serve and support a primary
use(s) of a property. Regional parking is a parking area intended to support a district
with multiple uses.
PARTY OF RECORD. All persons, agencies, or organizations who have submitted
written or verbal comments in response to a notice of application, made oral comments
in a formal public hearing conducted on the application, or notified local government of
their desire to receive a copy of the final decision on a permit and who have provided an
address for delivery of such notice by mail.
PERIODIC. Occurring at regular intervals.
PERSON. An individual, partnership, corporation, association, organization,
cooperative, public or municipal corporation, or agency of the state or local
governmental unit however designated. (RCW 90.58.030(1d).)
PIER. Fixed platform above the water and supported by piles, usually perpendicular to
the shoreline. See also DOCK.
The Watershed Company
January 2011
135
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 attributes: comparatively high fish or wildlife density; comparatively high fish
or wildlife species diversity; fish spawning habitat; important wildlife habitat; important
fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing
and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration;
unique or dependent species; or shellfish bed. A priority habitat may be described by a
unique vegetation type or by a dominant plant species that is of primary importance to
fish and wildlife. A priority habitat may also be described by a successional stage.
Alternatively, a priority habitat may consist of a specific habitat element (such as talus
slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain
priority and/or non-priority fish and wildlife (WAC 173-26-020(24)). Priority habitats
also include specific areas that have been identified in local watershed plans.
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. (WAC 173-26-020(25))
A. 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. 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. Species of recreational, commercial, and/or tribal importance. Native and 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. Species listed under the federal Endangered Species Act as either proposed,
threatened, or endangered (WAC).
PROVISIONS. Policies, regulations, standards, guideline criteria or designations.
(WAC 173-26-020(26))
PUBLIC ACCESS. The public's right to reach and use the State's public waters, the
water/land interface, and associated shoreline area. It includes physical access that is
either lateral (areas paralleling the shore) or perpendicular (an easement or public
corridor to the shore), and visual access facilitated by means such as scenic roads and
Shoreline Master Program
for Shorelines in the City of Arlington
136
overlooks, viewing platform, and other public sites or facilities. (WAC 173-26-221(4) and
example SMPs) See also Community Access.
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)
Q
QUALIFIED PROFESSIONAL. A person with expertise and training appropriate for
the relevant subject. A qualified professional must have obtained a B.S. or B.A. or
equivalent degree in biology, soil science, engineering, environmental studies, fisheries,
geology, hydrology, geomorphology or related field, and at least five years of related
work experience. Specific qualified professionals must also meet the following criteria,
or any other criteria included in Appendix B, Critical Areas Regulations:
A. A qualified professional providing a geotechnical analysis as required under Section
5.18 of this Master Program must be a licensed engineer in the State of Washington,
with specific training in geology, hydrology and/or geomorphology.
B. A qualified professional providing a demonstration of need as required under
Section 5.18 of this Master Program must have a M.S. or equivalent degree in
geology, hydrology, or geomorphology.
C. A qualified professional for wetlands means a biologist who has a degree in biology,
ecology, botany, or a closely related field and a minimum of five (5) years of
professional experience in wetland identification and assessment in Western
Washington.
D. A qualified professional for habitat conservation areas means a biologist who has a
degree in wildlife biology, ecology, fisheries, or closely related field and a minimum
of five (5) years professional experience related to the subject species/habitat type.
E. A qualified professional for geologically hazardous areas must be an engineer or
geologist licensed in the state of Washington. An engineer must be licensed as a civil
engineer pursuant to Chapter 18.43 RCW, to qualify. A geologist must be a
practicing geologist licensed as a professional geologist pursuant to Chapter 18.22,
RCW.
F. A qualified professional for critical aquifer recharge areas means a Washington State
licensed hydro-geologist, geologist, or engineer.
R
The Watershed Company
January 2011
137
RCW. Revised Code of Washington.
RECREATION. An experience or activity in which an individual engages for personal
enjoyment and satisfaction. Most shore-based outdoor recreation such as: fishing, beach
combing, and rock climbing; various forms of boating, swimming, hiking, bicycling,
horseback riding, camping, picnicking, watching or recording activities such as
photography, painting, bird watching or viewing of water or shorelines, nature study
and related activities.
RECREATIONAL USES. Uses which offer activities, pastimes, and experiences that
allow for the refreshment of mind and body. Examples include, but are not limited to,
parks, launch ramps, golf courses, viewpoints, trails, public access facilities, public parks
and athletic fields, and other low-intensity use outdoor recreation areas. Recreational
Uses that do not require a shoreline location, nor are related to the water, nor provide
significant public access, are considered nonwater-oriented. For example, a recreation
use solely offering indoor activities would be considered nonwater-oriented.
REPAIR, NORMAL. To restore a development or structure to a state comparable to its
original, legally established condition, including but not limited to its size, shape,
configuration, location and external appearance, within a reasonable period after decay
or partial destruction, except where repair causes substantial adverse effects to shoreline
resource or environment.
RESIDENTIAL USES. Buildings, structures or portions thereof that are designed and
used as a place for human habitation. Included are single, duplex or multi-family
dwellings, apartment/condominium buildings, manufactured homes, modular homes,
and other structures that serve to house people. This definition includes accessory uses
common to normal residential use, including but not limited to, residential
appurtenances, accessory dwelling units, home occupations, and family day care homes.
RESTORE (RESTORATION or ECOLOGICAL RESTORATION). Reestablishment or
upgrading of impaired ecological shoreline processes or functions. This may be
accomplished through measures including, but not limited to: the installation of
vegetation or re-vegetation; removal of intrusive shoreline structures; the removal or
treatment of toxic materials; the installation of large woody debris; and wetland projects.
Restoration does not imply a requirement for returning the shoreline area to aboriginal
or pre-European settlement conditions. (based on WAC 173-26-020(27)).
REVETMENT. Facing of stone, concrete, etc., built to protect a steep slope, cliff,
embankment, or shore structure against erosion by waves or currents.
RIPRAP. A layer, facing, or protective mound of stones placed to prevent erosion,
scour, or sloughing of a structure or embankment; also, the stone so used.
Shoreline Master Program
for Shorelines in the City of Arlington
138
RIPARIAN VEGETATION. Vegetation that tolerates and/or requires moist conditions
and periodic free flowing water thus creating a transitional zone between aquatic and
terrestrial habitats which provides cover, shade and food sources for aquatic and
terrestrial insects for fish, avian and mammalian species. Riparian vegetation and their
root systems stabilizes stream banks, attenuates high water flows, provides wildlife
habitat and travel corridors, and provides a source of limbs and other woody debris to
terrestrial and aquatic ecosystems, which, in turn, stabilize stream beds.
RUNOFF. Water that is not absorbed into the soil but rather flows along the ground
surface following the topography.
S
SANITARY SEWER. A system designed to accept sewage to be deposited into and
carried off by a system of lateral sewers, drains, and pipes to a common point, or points,
for transfer to treatment or disposal. (based on WAC 458-20-251)
SEDIMENT. The fine grained material deposited by water or wind.
SEPA (STATE ENVIRONMENTAL POLICY ACT). SEPA requires state agencies, local
governments and other lead agencies to consider environmental factors when making
most types of permit decisions, especially for development proposals of a significant
scale. As part of the SEPA process, environmental impact statements (EISs) may be
required to be prepared and public comments solicited. (RCW 43.21c and WAC 197-11
guide this process)
SETBACK. The distance between property line and the foundation wall of the primary
structure or easement.
SETBACK, SIDE. The distance between side lot line and the foundation wall of the
primary structure.
SEWAGE: Any urine, feces, and the water carrying human wastes, including kitchen,
bath, and laundry wastes from residences, buildings, industrial establishments or other
places. (WAC 246-272A-0010)
SHALL. A mandate; the action must be done. (WAC 173-26-020(28)) See also must.
SHORELANDS or SHORELAND AREAS. Those lands extending landward for two
hundred 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 the streams,
lakes, and tidal waters which are subject to the provisions of this chapter; the same to be
designated as to location by the Department of Ecology. (RCW 90.58.030(2)(f))
The Watershed Company
January 2011
139
SHORELINE AREAS. All "shorelines of the state" and "shorelands" as defined in RCW
90.58.030. (WAC 173-26-020(29))
SHORELINE ENVIRONMENT DESIGNATIONS. The categories of shorelines
established by local shoreline master programs in order to provide a uniform basis for
applying policies and use regulations within distinctively different shoreline areas.
SHORELINE FUNCTIONS. See “ECOLOGICAL FUNCTIONS.”
SHORELINE JURISDICTION. The term describing all of the geographic areas covered
by the SMA, related rules and this SMP. Also, such areas within a specified local
government's authority under the SMA. See SHORELINES, SHORELINES OF THE
STATE, shorelines of state-wide significance and wetlands. See also Section 3.1 of this
SMP.
SHORELINE MASTER PROGRAM, MASTER PROGRAM, or SMP. A
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.
(WAC 173-26-020(30))
SHORELINE PERMIT. A substantial development, Conditional Use, revision, or
variance permit or any combination thereof.
SHORELINE PROPERTY. An individual property wholly or partially within shoreline
jurisdiction.
SHORELINE STABILIZATION. Structural or non-structural modifications to the
existing shoreline intended to reduce or prevent erosion of uplands or beaches. They are
generally located parallel to the shoreline at or near the OHWM. Other construction
classified as shore defense works include groins, jetties, log jams and breakwaters,
which are intended to influence wave action, currents and/or the natural transport of
sediments along the shoreline.
SHORELINES HEARINGS BOARD (SHB). A six member 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 Department of
Ecology approval of master programs, rules, regulations, guidelines or designations
under the SMA.
Shoreline Master Program
for Shorelines in the City of Arlington
140
SHORELINES OF STATEWIDE SIGNIFICANCE. A select category of shorelines of
the state, defined in RCW 90.58.030(2)(e), where special policies apply.
SHORELINES OF THE STATE. The total of all “shorelines” and “shorelines of state-
wide significance” within the state.
SHORELINES. All of the water areas of the state, including reservoirs, and their
associated shorelands, together with the lands underlying them; except (i) shorelines of
state-wide significance; (ii) shorelines on areas 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 areas; and (iii) shorelines on lakes less than twenty acres in size and
wetlands associated with such small lakes.
SHOULD. The particular action is required unless there is a demonstrated, compelling
reason, based on policy of the Act and this SMP, against taking the action. (WAC 173-26-
020(32))
SIGN. A board or other display containing words and/or symbols used to identify or
advertise a place of business or to convey information. Excluded from this definition are
signs required by law and the flags of national and state governments.
SIGNIFICANT ECOLOGICAL IMPACT. An effect or consequence of an action if any
of the following apply:
A. The action measurably or noticeably prevents, reduces or harms an ecological
function or ecosystem-wide process.
B. Scientific evidence or objective analysis indicates the action could cause reduction or
harm to those ecological functions or ecosystem-wide processes described in (a) of
this subsection under foreseeable conditions.
C. Scientific evidence indicates the action could contribute to a measurable or
noticeable reduction or harm to ecological functions or ecosystem-wide processes
described in (a) of this subsection as part of cumulative impacts, due to similar
actions that are occurring or are likely to occur.
SIGNIFICANT VEGETATION REMOVAL. The removal or alteration of trees, shrubs,
and/or groundcover 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. (WAC 173-26-
020(33))
The Watershed Company
January 2011
141
SINGLE-FAMILY RESIDENCE (SFR). A single dwelling designed for and occupied by
one family including those structures and developments within a contiguous ownership
which are a normal appurtenance.
SMA. The Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended.
SOFT STRUCTURAL SHORELINE STABILIZATION. Shoreline erosion control and
restoration practices that contribute to restoration, protection or enhancement of
shoreline ecological functions. Soft structural shoreline stabilization typically includes a
mix of gravels, cobbles, boulders, logs and native vegetation placed to provide shore
stability in a non-linear, generally sloping arrangement.
STATE MASTER PROGRAM. The cumulative total of all shoreline master programs
and amendments thereto approved or adopted by rule by Ecology. (WAC 173-26-
020(34))
STORMWATER. That portion of precipitation that does not normally percolate into the
ground or evaporate but flows via overland flow, interflow, channels, ponds, or pipes
into a defined surface water channel or constructed infiltration facility.
STORMWATER FACILITY. A constructed component of a stormwater drainage
system designed or constructed to perform a particular function or multiple functions.
Stormwater facilities include, but are not limited to: pipes, swales, ditches, culverts,
street gutters, detention ponds, retention ponds, constructed wetlands, rain gardens,
infiltration devices, catch basins, oil/water separators, and biofiltration swales.
STREAM. Any portion of a channel, bed, bank, or bottom waterward of the ordinary
high water line of waters of the state, including areas in which fish may spawn, reside,
or pass, and tributary waters with defined bed or banks, which influence the quality of
fish habitat downstream. This includes watercourses which flow on an intermittent basis
or which fluctuate in level during the year and applies to the entire bed of such
watercourse whether or not the water is at peak level. This definition does not include
irrigation ditches, canals, storm water run-off devices, or other entirely artificial
watercourses, except where they exist in a natural watercourse that has been altered by
humans. (WAC 220-110-020(105)) A shoreline stream is a naturally occurring body of
periodic or continuously flowing water where: a) the mean annual flow is greater than
twenty cubic feet per second and b) the water is contained within a channel. A channel
is an open conduit either naturally or artificially created. This definition does not include
artificially created irrigation, return flow, or stockwatering channels (WAC 173-22-
030(15))
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, whether
installed on, above or below the surface of the ground or water, except for vessels.
Shoreline Master Program
for Shorelines in the City of Arlington
142
SUBDIVISION. The division or redivision of land, including short subdivision, for the
purpose of sale, lease or conveyance. (based on definition of subdivision and short
subdivision in RCW 58.17.020)
SUBSTANTIAL DEVELOPMENT, SHORELINE. Any development which meets the
criteria of RCW 90.58.030(3)(e). See also definition of "DEVELOPMENT" and
"EXEMPTION".
SUBSTANTIALLY DEGRADE. To cause significant ecological impact. An action is
considered to substantially degrade the environment if:
A. The damaged ecological function or functions significantly affect other related
functions or the viability of the larger ecosystem; or
B. The degrading action may cause damage or harm to shoreline ecological functions
under foreseeable conditions; or
C. Scientific evidence indicates the action may contribute to damage or harm to
ecological functions as part of cumulative impacts. (WAC 173-26-020(35))
SURFACE WATER. All water that exists on the land surface, including streams, lakes or
reservoirs, or other bodies of surface water within the boundaries of the state. (based on
Chapter 90.44 RCW)
SWAMP. A depressed area flooded most of the year to a depth greater than that of a
marsh and characterized by areas of open water amid soft, wetland masses vegetated
with trees and shrubs. Extensive grass vegetation is not characteristic.
SWIM FLOAT. A floating platform designed and intended expressly for facilitating
safe swimming. Swim floats are anchored in deeper waters, are not connected to
uplands, and are not motorized.
T
TERRESTRIAL. Of or relating to land as distinct from air or water.
TRANSPORTATION FACILITIES. Roads and railways, related bridges and culverts,
trails, fills, embankments, causeways, truck terminals and rail switchyards, sidings,
spurs, water trail landings, and air fields. Not included are highway rest areas. Local
transportation refers to facilities provide direct access to abutting land and to higher
order roads. Regional transportation refers to facilities serving more than one city or
community or major destinations.
U
The Watershed Company
January 2011
143
UNAVOIDABLE. Adverse impacts that remain after all appropriate avoidance and
minimization measures have been implemented.
UPLAND. Generally described as the dry land area above and landward of the
OHWM.
UTILITIES. Lines and facilities related to the provision, distribution, collection,
transmission or disposal of water, stormwater, sanitary sewage, oil, gas, power, and
telephone cable, and includes facilities for the generation of electricity.
A. “Large facilities” serve more than one community or major attractions; examples
include, but are not limited to, two hundred thirty (230) kv power transmission lines,
natural gas transmission lines, and regional water storage tanks and reservoirs,
regional water transmission lines or regional sewer collectors and interceptors. Large
facilities may also include facilities serving an entire community, such as subregional
switching stations (one hundred fifteen (115) kv and smaller), and municipal sewer,
water, and storm water facilities.
B. “Small facilities” serve adjacent properties and include, but are not limited to,
underground power lines, water, sanitary sewer, and storm water facilities, fiber
optic cable, pump stations and hydrants, switching boxes, and other structures
normally found in a street right-of-way. On-site utility features serving primary use
such as a water, sewer, or gas line to a residence are accessory utilities and shall be
considered part of the primary use. Electrical charging or battery exchange facilities
for electric vehicles.
V
VARIANCE, SHORELINE. A means to grant relief from the specific bulk, dimensional,
or performance standards set forth in this master program and not a means to vary a use
of a shoreline. Variance permits must be specifically approved, approved with
conditions, or denied by the Administrator and the Department of Ecology.
VESSEL. A floating structure that is designed primarily for navigation, is normally
capable of self propulsion and use as a means of transportation, and meets all applicable
laws and regulations pertaining to navigation and safety equipment on vessels,
including, but not limited to, registration as a vessel by an appropriate government
agency. (WAC 332-30-106)
W
WAC. Washington Administrative Code.
Shoreline Master Program
for Shorelines in the City of Arlington
144
WASTE STORAGE AND TREATMENT. Facilities for collecting and treating, as an
accessory use only, garbage, solid waste or sewage generated by the development and
its users.
WATERBODY. A body of still or flowing water, fresh or marine, bounded by the
OHWM.
WATER-DEPENDENT USE. A use or portion of a use which cannot exist in a location
that is not adjacent to the water and which is dependent on the water by reason of the
intrinsic nature of its operations. (WAC 173-26-020(36)) Examples of water-dependent
uses may include sewer outfalls and water diversion facilities, such as agricultural
pumphouses.
WATER-ENJOYMENT USE. A recreational use or other use that facilitates public
access to the shoreline as a primary characteristic of the use; or a use that provides for
recreational use or aesthetic enjoyment of the shoreline for a substantial number of
people as a general characteristic of the use and which through location, design, and
operation ensures the public's ability to enjoy the physical and aesthetic qualities of the
shoreline. In order to qualify as a water-enjoyment use, the use must be open to the
general public and the shoreline-oriented space within the project must be devoted to
the specific aspects of the use that fosters shoreline enjoyment. (WAC 173-26-020(37))
Primary water-enjoyment uses may include, but are not limited to: parks and other
improvements facilitating public access to the shorelines of the State, including public
viewing or fishing platforms; and general water-enjoyment uses may include, but are
not limited to restaurants, museums, aquariums, scientific/ecological reserves,
resorts/hotels (as part of mixed use development or with significant public access or
restoration components), and mixed-use commercial/office.
WATERFRONT. A parcel of property with upland characteristics which includes within
its boundary a physical interface with the existing shoreline of a body of water. (WAC
332-30-106)
WATER-ORIENTED USE. A use that is water-dependent, water-related, or water-
enjoyment, or a combination of such uses. WAC 173-26-020(38))
WATER QUALITY. The physical characteristics of water within shoreline jurisdiction,
including water quantity, hydrological, physical, chemical, aesthetic, recreation-related,
and biological characteristics. Where used in this chapter, the term "water quantity"
refers only to development and uses regulated under this chapter and affecting water
quantity (high and low flows), such as impervious surfaces and storm water handling
practices. Water quantity, for purposes of this master program, does not mean the
withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250
through 90.03.340. (WAC 173-26-020(39))
The Watershed Company
January 2011
145
WATER-RELATED USE. A use or portion of a use which is not intrinsically dependent
on a waterfront location but whose economic viability is dependent upon a waterfront
location because:
A. The use has a functional requirement for a waterfront location such as the arrival or
shipment of materials by water or the need for large quantities of water; or
B. The use provides a necessary service supportive of the water-dependent uses and
the proximity of the use to its customers makes its services less expensive and/or
more convenient. WAC 173-26-020(40))
Examples of water-related uses may include warehousing of goods transported by
water, hydroelectric generating plants, gravel storage when transported by barge, log
storage, and agriculturally or people-related water transportation systems.
WATERSHED. A geographic region within which water drains into a particular river,
stream or body of water.
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. (WAC 173-27-040). Watershed restoration plans also include
local sub-basin plans with actions that do not meet the level triggering SEPA
requirements. The Stillaguamish Watershed Chinook Recovery plan provides specific
guidance.
WATERSHED RESTORATION PROJECT. 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:
D. A project that addresses ecological functions that have been identified in a locally
recognized watershed plan as a limiting factor to the sustainability of a fish or
wildlife species dependent on that function for survival. Projects may be of any scale
or type that address ecological function over time. A project does not have to be
voluntary to be considered a watershed restoration project.
WEIR. A structure generally built perpendicular to the shoreline for the purpose of
diverting water or trapping sediment or other moving objects transported by water.
Shoreline Master Program
for Shorelines in the City of Arlington
146
WETLAND or WETLANDS. Areas that are inundated or saturated by surface water 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
marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street, or
highway. Wetlands may include those artificial wetlands intentionally created from
nonwetland areas to mitigate the conversion of wetlands. (RCW 90.58.030(2)(h))
Z
ZONING. The system of land use and development regulations and related provisions
of the City of Arlington.
In addition, the definitions and concepts set forth in RCW 90.58.030, as amended, and
implementing rules shall also apply as used herein.
The Watershed Company
January 2011
Appendix A - I
A P P E N D I X A
Environment Designation Maps
The Watershed Company
January 2011
Appendix B - I
A P P E N D I X B
Critical Areas Regulations
The Watershed Company
January 2011
Appendix C - I
A P P E N D I X C
Restoration Plan
The Watershed Company
January 2011
Appendix D - I
A P P E N D I X D
Jurisdiction Exhibits (Excerpts from the
Shoreline Master Program Handbook)
Shoreline Master Program
for Shorelines in the City of Arlington
Appendix D - 2
3.2.5 Use Matrix and Development Standards
A. Table 3-1 indicates which uses and modifications may be allowed or are prohibited
in shoreline jurisdiction within each shoreline environment. Accessory uses shall be
subject to the same shoreline permit process as its primary use. Where there is a
conflict between the chart and the written provisions in this SMP, the written
provisions shall apply.
B. Authorized 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.
C. Any use, development or modification not classified elsewhere in the SMP or listed
below shall require a Shoreline Conditional Use Permit.
D. Uses and modifications identified as “Permitted” require either a Shoreline
Substantial Development Permit or may be exempt from the requirement to obtain a
Shoreline Substantial Development Permit, as outlined in the definition of
Substantial Development included in Chapter 8, Definitions. Exempted uses and
modifications, however, are not exempt from the Act or this SMP, and must be
consistent with the applicable policies and provisions.
E. If any part of a proposed development is not eligible for exemption, then a shoreline
permit is required for the entire proposed development project.
F. A development or use that is listed as a Conditional Use pursuant to this SMP or is
an unlisted use, must obtain a Shoreline Conditional Use Permit even though the
development or use does not require a Substantial Development Permit.
G. To preserve the existing and planned character of the shoreline consistent with the
purposes of the shoreline environment designations, shoreline development
standards regarding shoreline buffers, lot frontage, side setbacks, and height are
provided in Table 3-2. In addition, shoreline developments shall comply with all
density, lot area, setback and other dimensional requirements of the City’s zoning
and subdivision codes.
H. Except as otherwise stated, the City 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 City regulations, the more protective of shoreline ecological
functions and processes shall prevail.
I. Where a use or modification may occur in the Aquatic environment as indicated in
Table 3-1 and in the corresponding regulations for that use, the more restrictive
permit process or prohibition on that use as may be indicated for the adjacent
shoreland environment applies to that use in the Aquatic environment.
J. The permit processes indicated below for each use or modification apply to new,
expanded, modified, or replacement uses and modifications. For those uses and
modifications that meet one of the exemptions outlined Section 7.6.2, Exemptions, a
shoreline permit is not required if Table 3-1 indicates “SD/E.” However, if “CU” is
listed for the use or modification, that use or modification is not eligible for an
exemption.
K. An accessory use shall not be established on a property independent of its primary
use.
L. When a development or use is proposed that does not comply with the shoreline
buffer, 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. Departures from
the maximum height limit shall be subject to approval of a Shoreline Conditional
Use Permit, including a view corridor analysis and demonstration that criteria are
met consistent with Section 7.7. Shoreline Variances or Shoreline Conditional Use
Permits are not required to modify development standards expressly allowed to be
modified for visual access in Section 4.4.2 or for vegetation conservation reductions
as allowed in Section 12.4.5, provided the modifications are consistent with the
applicable zoning standards. Modifications to or greater reductions to standards
established in Section 4.4.2 and Section 12.4.5 shall require a Shoreline Variance or a
Shoreline Conditional Use Permit.
Table 3.1 Shoreline Use and Modification Matrix.
LEGEND
SD/E = Permitted, may be subject to
Shoreline Substantial Development
Permit or shoreline exemption
CU = Shoreline Conditional Use
X = Prohibited, the use is not eligible
for a Shoreline Variance or
Shoreline Conditional Use Permit;
or not applicable
Aq
u
a
t
i
c
Hi
s
t
o
r
i
c
S
h
o
r
e
l
i
n
e
Bu
s
i
n
e
s
s
D
i
s
t
r
i
c
t
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Lo
w
I
n
t
e
n
s
i
t
y
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Op
e
n
S
p
a
c
e
Shoreline Use
Agriculture X X SD/E X
Aquaculture X --X X X
Commercial Development
Water-dependent X SD/E SD/E SD/E
Water-related X SD/E SD/E SD/E
Water-enjoyment X SD/E SD/E1 SD/E1
Nonwater-oriented X SD/E SD/E2 SD/E2
LEGEND
SD/E = Permitted, may be subject to
Shoreline Substantial Development
Permit or shoreline exemption
CU = Shoreline Conditional Use
X = Prohibited, the use is not eligible
for a Shoreline Variance or
Shoreline Conditional Use Permit;
or not applicable
Aq
u
a
t
i
c
Hi
s
t
o
r
i
c
S
h
o
r
e
l
i
n
e
Bu
s
i
n
e
s
s
D
i
s
t
r
i
c
t
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Lo
w
I
n
t
e
n
s
i
t
y
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Op
e
n
S
p
a
c
e
Forest Practices X X X X
Industry
Water-dependent X SD/E X X
Water-related X SD/E X X
Nonwater-oriented X SD/E X X
Institutional
Water-oriented X SD/E SD/E SD/E
Nonwater-oriented X SD/E SD/E SD/E
In-Water Structures CU X X X
Mining X X X X
Recreational Development
Water-dependent X SD/E SD/E SD/E
Water-enjoyment X SD/E SD/E SD/E
Nonwater-oriented X SD/E SD/E3 SD/E3
Residential Development
Single-family X SD/E X X
Multi-family X SD/E X X
Signage
On premise X SD/E SD/E SD/E
Off premise X X X X
Public X SD/E SD/E SD/E
Transportation and Parking
Parking, primary X X X X
Parking, accessory X SD/E4 SD/E4 SD/E4
Roads, railways CU SD/E SD/E5 SD/E5
Utilities, primary CU SD/E SD/E5 SD/E5
Shoreline Modification
Boating Facilities6
Boat launch, commercial SD/E SD/E X X
Boat launch, public SD/E SD/E SD/E SD/E
Breakwaters, Jetties, Groins, Weirs X X X X
Clearing and Grading -- SD/E SD/E SD/E
Dredging and Dredge Material Disposal CU X X X
Fill7 CU8 SD/E SD/E SD/E
Moorage Facilities X X X X
Shoreline Habitat and Natural Systems
Enhancement Projects SD/E SD/E SD/E SD/E
Shoreline Stabilization
Bioengineering CU SD/E SD/E SD/E
Dikes, levees X CU CU CU
Hard structural shoreline stabilization CU SD/E CU CU
1 Park concessions, such as small food stands, cafes, and restaurants with views and seating oriented to
the water, and uses that enhance the opportunity to enjoy publicly accessible shorelines are allowed. 2 Seasonal uses supporting water-oriented activities which may include equipment rental, food venders, or
safety supplies may be allowed. 3 Nonwater-oriented uses may be allowed as a permitted use where the City determines that water-
dependent or water-enjoyment use of the shoreline is not feasible due to the configuration of the
shoreline and water body or due to the underlying land use classification in the comprehensive plan. 4 Accessory parking is allowed in shoreline jurisdiction only if there is no other feasible option, as
determined by the City. 5 Utilities, roads, and railways are allowed if there is no other feasible alternative, as determined by the
City, and all significant adverse impacts are mitigated. 6 Marinas are prohibited. 7 Fill in the floodplain must meet all federal, state, and local flood hazard reduction regulations. 8 Fill in aquatic areas for the purposes of shoreline ecological restoration may be allowed as a permitted
use if the Shoreline Administrator determines that there will be an increase in desired ecological
functions.
Table 3.2 Shoreline Development Standards Matrix.
LEGEND
NA = Not applicable
Note: All dimensions are in feet.
Aq
u
a
t
i
c
Hi
s
t
o
r
i
c
S
h
o
r
e
l
i
n
e
Bu
s
i
n
e
s
s
D
i
s
t
r
i
c
t
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Lo
w
I
n
t
e
n
s
i
t
y
Ur
b
a
n
C
o
n
s
e
r
v
a
n
c
y
-
Op
e
n
S
p
a
c
e
Shoreline Buffer – All Uses NA 150 10-150 150
Shoreline Lot Frontage Minimum –
Residential NA-- 60 NA NA
Side Yard Setback Minimum – Residential NA-- 5 NA-- NA
M. Height exceeding 35 Feet. Development may exceed 35 feet where the underlying
zones or a Transfer of Development Rights program allows for greater heights and
when consistent with the following provisions:
1. The applicant shall prepare a view analysis conducted consistent with
Section 7.4. The analysis shall address such considerations as cumulative
view obstruction within a 1,000-foot radius with implementation of the
proposed development combined with those of other developments that
exceed 35 feet in height. The cumulative impact analysis shall address overall
views that are lost, compromised, and/or retained; available view corridors;
and surface water views lost, compromised, and/or retained.
2. Building or structures heights between 35 feet and 60 feet may be allowed as
part of a Shoreline Substantial Development Permit if the following criteria
are affirmatively met:
a. The building or structure will not impact a substantial number of
residences. The applicant shall review residences involved on or in
an area adjoining the project area.
b. The development will not cause an obstruction of view from public
properties or substantial number of residences. The applicant shall
demonstrate through photographs, videos, photo-based simulations,
or computer-generated simulations that the proposed development
will obstruct less than 30 percent of the view of the shoreline enjoyed
by a substantial number of residences on areas adjoining such
shorelines.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT: Airport Master Plan Update
DEPARTMENT OF ORIGIN:
Airport
ATTACHMENTS: None
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Staff will be giving the Council an update on the current Airport Master Plan
progress.
HISTORY: The contract for the current master plan was awarded in June 2008. The consultant
developed and completed working papers 1, 2 and 3 prior to October 2008. At that time we
submitted a series of question to the FAA. Since that time we have been working on several
issues including airspacing for a precision approach, resolving the glider issue and
modification of the historic boundary. The approach and glider issue has been resolved and
we are currently working on submitting the revised historical nomination.
ALTERNATIVES: For discussion only
RECOMMENDED ACTION: For discussion only
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT:
Approval of Contract for 2011 Airport
Roofing Projects
DEPARTMENT OF ORIGIN:
Airport
ATTACHMENTS: None
EXPENDITURES REQUESTED: For Discussion Only
BUDGET CATEGORY: Capital Expenditures
LEGAL REVIEW: None
DESCRIPTION: The project involves the removal of the existing roofing materials,
flashing and gutters on buildings 57A (former Bayliner hangar) and 41 (Point Church),
and the installation of new roofing material, flashing and gutters. Both buildings are
owned by the airport. Building 57A is having the existing metal roof replaced with a
new metal roof and insulation; building 41 is having the existing metal roof replaced
with a new laminated composition shingle roof. The work on building 41 is being bid
as an alternate in the event the airport does not have enough funds to replace both
roofs. Of the two, the roof on building 57A is in the worst shape. The airport contacted
five companies off of the small works roster to bid on the project.
HISTORY: The roofs on both buildings are at the end of their useful life and are starting
to develop leaks. In addition, building 57A does not have a gutter system on the
Northeast side of the building, and the gutter system on building 41 is in constant need
of repair. In 2011 the airport has budgeted $40,000 for building repairs. Airport staff is
aware that the cost to do both roofs will exceed $40,000 but is waiting on bid results to
determine whether there may be enough funds carried over from last year to make up
the difference. Airport staff will have the bid results prior to the Council meeting on
the 13th.
ALTERNATIVES: For Discussion Only
RECOMMENDED ACTION: For Discussion Only
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT:
Chicken & Bee Keeping Regulations
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC 8.17 (Current with comments)
- Summary of Chicken & Bee Keeping Regulations from other Washington jurisdictions
- Article on Chicken Tractors
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: City Attorney has completed his review.
DESCRIPTION:
AMC Chapter 8.17 addresses the authorization for residents to keep chickens and the
regulations for doing so. Mr. Knutson has recommended changes to the City’s chicken
regulations to allow for up to 7 hens, no roosters, change the setback requirements for coops,
and allow chicken tractors. Council requested information on chicken regulations from other
jurisdictions. Council also requested information on Bee Keeping regulations from other
jurisdictions.
HISTORY:
ALTERNATIVES:
RECOMMENDED ACTION:
ARLINGTON MUNICIPAL CODE
Chapter 8.17 - REGULATION AND CONTROL OF OTHER ANIMALS Sections: 8.17.010 - Keeping animals in the city—General regulations. 8.17.020 - Potentially dangerous wild animals—Prohibited. 8.17.050 - Hitching of horses prohibited in business or commercial districts. 8.17.060 - Driving or riding animals so as to endanger persons or property. 8.17.200 - Violation and penalty.
8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked out in a vacant lot in such manner that it cannot get upon any street, alley, or other public place within the city provided that the same is so confined or staked out as to effectively prevent it from getting within one hundred feet of any property line, dwelling or other building in which persons work or are accustomed to be, or near enough to the property of another to do damage thereto or commit any nuisance thereupon, specifically including bodies of water and wildlife corridors; and provided, further, that any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. (3) All species of fowl, rabbit or pot bellied pigs shall be kept in an approved building, pen or enclosure. (4) All such structures shall be located a minimum of twenty-five feet from any property line or adjacent residence or building, and fifty feet from any rights-of-way, public or private. (5) Any building, pen or enclosure which houses such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (6) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (7) All manure and other refuse must be kept in secure, tightly sealed containers and
Comment [kmb1]: Mr. Knutson requests a
specific section be added to specifically addresses
chickens with a limit on the number of chickens
allowed, the prohibition of roosters, and the
allowance to use “Chicken Tractors”.
Comment [kmb2]: Mr. Knutson requests
clarification on what an approved structure looks
like and if it requires permits, plan review, and
inspections.
Comment [kmb3]: Mr. Knutson requests that
this be repealed.
disposed of at least once a week in a manner approved by the animal control officer. (b) Hives or colonies of bees shall be kept in a manner in which they are inaccessible to the general public and so that bee movements to and from the hive do not interfere with the ordinary movements of persons on adjacent properties or the public right-of-way. Hives shall be located at least fifty feet from the nearest property line. All colonies must be registered with the director of the department of agriculture of the state of Washington as provided in RCW 15.60.021. (c) If any and all premises whereon any such animals are confined or kept are not kept in the manner provided in this chapter, such officer or officers shall at once notify the persons owning, possessing, or using the premises for such purpose to place the same in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith comply with such order. (d) Any person violating any of the provisions of this section shall be deemed guilty of a civil infraction and upon conviction thereof shall be fined an amount as set by council resolution.
Comment [kmb4]: Mr. Knutson requests
clarification on this item – can chicken waste be put
on gardens?
Bee Keeping Regulations
City Regulations
Gig Harbor • Registered with state Dept of Agriculture, as required by RCW 15.60
• Moveable frame hives
• 30 feet away from property line, with hive entrance(s) facing away
from or parallel to nearest property line
Kent • Registered with state Dept of Agriculture
• No more than 4 hives, each with only 1 swarm, shall be kept on lots
less than 10,000 sqft
• Hives not located w/in 25 ft of property line
Kirkland • Maximum of 2 hives if lot is 15,000 sq.ft. or less
• Maximum of 5 hives if lot is 15,000sqft to 35,000 sq.ft.
• Maximum of 15 hives if more than 35,000 sq.ft.
• Moveable frame hives
• Registered with state Dept of Agriculture
• Hives not located w/in 25 ft of property line
Lakewood • Code silent
Mill Creek • Code silent
Mukilteo • Code silent
Bremerton • Code silent
Edmonds • Code silent
Blaine • Code silent
Sedro Woolley • Registered with state Dept. of Agriculture
• No more than 2 hives, each with only 1 swarm, on lots less than
10,000 sq.ft.
• Hives not located w/in 25ft of property line
Marysville • Code silent
Chicken Regulations
City Regulations
Battle Ground • No restrictions on poultry/game birds
• Roosters allowed
Bothell • 3 or less fowl allowed
• Must keep coop 20 ft. from your own property line. If your neighbors
say it’s ok, you may place coop closer to your shared property line
Edmonds • Up to 3 hens
• No roosters
Everett • Up to 5 hens without a permit
• No roosters
• If you want more than 5 hens, you must get a facility license permit
from Animal Services, which requires an inspection of your
facilities/property.
• Chickens must be kept enclosed
Lynnwood • Accessory building for the housing of fowl shall not exceed 36 sq.ft.
in floor area and neither the building nor the fenced area for roaming
shall be closer than 25 ft to a property line
Mill Creek • Minimum lot size is 7,200 sq.ft.
• Up to 6 hens for each 7,200 sq.ft. of property.
• No roosters.
Olympia • Up to 3 hens
• No roosters
SeaTac • Up to five chickens, including roosters, on any sized lot.
• The total number of chickens allowed will be reduced by the number
of other animals, including cats & dogs, on the property.
Seattle • Up to 8 hens
• No roosters
• Hen house must be located at least 10 ft away from any residential
structure on an adjacent lot.
Spokane • Up to 3 chickens
Kent • Up to 3 chickens may be kept on any lot at least 5,000 sq.ft.
• 1 additional chicken allowed for each additional 1,000 sq.ft.
• Coop or other accessory structure must be at least 10 ft from any other
residential lot.
Kirkland • Maximum of 3 chicken on lots less than 35, 000 sq.ft.;
• 20 chickens allowed on lots of 35,000 sq.ft., with 1 more allowed for
each additional 500 sq.ft. above 35,000 sq.ft.
• No roosters on lots less than 35,000 sq.ft.
Lakewood • Maximum 16 poultry allowed per acre
• Coops must be kept a minimum of 20 ft from the property line
Mukilteo • 4 hens in single family residential zones
• No roosters
• No slaughtering
• Chickens must be in fenced area no closer than 15 ft to any property
line and no closer than 25 ft to any house on an adjacent lot.
• Coop license is required prior to harboring chickens
Bremerton • No more than 4 hens, including chickens & chicks.
• No roosters allowed
• Henhouses, coops and chicken tractors must be in back yards and set
back at least 10 ft from all property lines
• Henhouses, coops and chicken tractors must be kept at least 5 ft from
other structures, including decks
• Henhouses, coops and chicken tractors, including chicken runs, shall
not exceed 200 sq.ft. in size and shall not exceed 7ft in height
• Must have license to keep chickens
Blaine • Maximum 6 hens
• No roosters
• Hens shall be contained in fully enclosed fence, pen or coop at all
times. Such enclosure shall be less than 120 sq ft in area.
• If height of hen enclosure is less than 6ft, it shall have a minimum
setback of 4 ft from any side yard property line and zero feet from the
rear yard.
Sedro Woolley • Up to 3 chickens or 3 ducks may be kept on any residential lot 5000
sq.ft. or less
• For each 1,000 sq.ft. of additional lot size, one additional chicken or
duck may be kept.
• No roosters.
Marysville • Any building inhabited by fowl shall be located at a minimum distance
of 100 ft of any adjoining residence.
HOME & GARDEN
L.A. at Home
DESIGN, ARCHITECTURE, GARDENS,
SOUTHERN CALIFORNIA LIVING
« Previous Post | L.A. at Home Home | Next Post »
The Chicken Tractor: a coop for the modernist
chicken and an organic lawn fertilizer
June 3, 2011 | 6:00 am
It's called the Chicken Tractor, and it's the Los Angeles design firm 100xbetter's first foray into urban
farm equipment: an architecturally modernist, indoor-outdoor chicken coop that doubles as a
fertilizer spreader.
"The lower screened portion has an open bottom. The chickens fertilize the area where they are
placed, and then you move it around your property like a wheelbarrow," 100xbetter co-founder
Brendan Sowersby said. "The upper portion is where they nest and roost. There are doors on the
back to collect the fresh eggs."
Made from brass wire screen and exterior
grade plywood, the 7.5-foot-long piece
includes an intricately patterned roof made
using computer numerical controlled (CNC)
cutting tools.
"It's definitely for the 'modern' chicken
farmer," Sowersby said. "One who may only
want a few chickens for their own eggs or pets.
I love the idea of the mini farm for urban
living."
Sowersby and 100xbetter co-founder Will
Rollin created the Chicken Tractor prototype
pictured here for an art exhibition. It was
expensive to produce, which explain why it's
offered at $2,500. Not exactly chicken scratch, but based on the interest it has generated ("Judging
by the response, having chickens is the new cool." Sowersby said), 100xbetter will be offering a
similar version as a flat-pack kit that customers can assemble themselves. Price: $900 to $1,500,
depending on options.
The Chicken Tractor interior, below, has the elegant minimalism of a Dwell magazine interior. Below
the roosting rod, a ramp leads to the yard. The pendant light has a Corian lampshade and can be
used to heat the coop in the winter.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT:
Amendments to AMC Title 9 as requested by
City prosecutor
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Title 9 with proposed amendments in strikeout format
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: City Attorney has completed his review.
DESCRIPTION:
AMC Title 9 discusses peace, morals, and safety. This is the primary title cited by the City’s
Police Officers. The City’s prosecutor is requesting amendments to Title 9 to align with the state
RCWs.
HISTORY:
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 1 of 37
Title 9 - PEACE, MORALS AND SAFETY [12]
(12) For provisions relating to gambling, see Chapter 3.32 of this code.
Chapters:
Chapter 9.04 - GENERAL PROVISIONS
Chapter 9.08 - CRIMES RELATING TO PERSONS
Chapter 9.12 - CRIMES RELATING TO CHILDREN AND MINORS
Chapter 9.16 - CRIMES RELATING TO PUBLIC MORALS
Chapter 9.20 - CRIMES RELATING TO PUBLIC PEACE AND TRANQUILITY
Chapter 9.24 - CRIMES RELATING TO FIRE
Chapter 9.28 - CRIMES RELATING TO PROPERTY
Chapter 9.32 - CRIMES RELATING TO FRAUD AND FALSE REPRESENTATIONS
Chapter 9.36 - CRIMES RELATING TO PUBLIC OFFICERS
Chapter 9.40 - CRIMES RELATING TO CONTROLLED SUBSTANCES, DRUG PARAPHERNALIA, POISONS,
AND TOXIC FUMES
Chapter 9.44 - CRIMES RELATING TO ALCOHOLIC BEVERAGES
Chapter 9.48 - CRIMES RELATING TO FIREARMS AND DANGEROUS WEAPONS
Chapter 9.52 - MISCELLANEOUS CRIMES
Chapter 9.04 - GENERAL PROVISIONS
Sections:
9.04.010 - Retroactive effect and construction.
9.04.020 - Principles of liability.
9.04.030 - Defenses.
9.04.040 - Contempt.
9.04.050 - Anticipatory offenses prohibited.
9.04.060 - Penalty.
9.04.010 - Retroactive effect and construction.
(a) The provisions of Revised Chapter 9.04 through 9.52 of Title 9 of the Arlington Municipal Code do
not apply to or govern the construction of a punishment for any offense committed prior to the effective
date of this ordinance, or to the construction and application of any defense to a prosecution for such an
offense. Such an offense must be construed and punished according to the provisions of law existing at
the time of the commission thereof in the same manner as if this chapter had not been enacted.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 2 of 37
(b) When a state statute is adopted by reference and the statute uses the word "Title" or words "the
title," these words will be construed to mean and refer to the title of the Revised Code of Washington from
which the state statute is adopted.
(c) The Chapters and Sections of Title 9 of the Arlington Municipal Code which are adopted by
reference from the Revised Code of Washington will be construed consistently with judicial decisions
about state law.
(Ord. 1289 §§1, 2, 2002).
9.04.020 - Principles of liability.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9A.08.010, General requirements of culpability.
(b) RCW 9A.08.020, Liability for conduct of another-Complicity.
(c) RCW 9A.08.030, Criminal liability of corporations and persons acting or under a duty to act in
their behalf.
(Ord. 1289 §§1, 2, 2002).
9.04.030 - Defenses.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9A.12.010, Insanity.
(b) RCW 9A.16.010, Definition.
(c) RCW 9A.16.020, Use of Force-When lawful.
(d) RCW 9A.16.040, Justifiable homicide or use of deadly force by public officer, peace officer,
person aiding.
(e) RCW 9A.16.060, Duress.
(f) RCW 9A.16.070, Entrapment.
(g) RCW 9A.16.080, Action for being detained on mercantile establishment premises for
investigation-"Reasonable grounds" as defense.
(h) RCW 9A.16.090, Intoxication.
(i) RCW 9A.16.100 Use of force on children-Policy-Actions presumed unreasonable.
(Ord. 1289 §§1, 2, 2002).
9.04.040 - Contempt.
The following state statutes, including all future amendments, additions or deletions, are hereby adopted
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 3 of 37
by reference:
(a) RCW 7.21.010, Definitions.
(b) RCW 7.21.020, Sanctions-Who may impose.
(c) RCW 7.21.030, Remedial sanctions-Payment for losses.
(d) RCW 7.21.040, Punitive sanctions-Fines.
(e) RCW 7.21.050, Sanctions-Summary imposition-Procedure.
(f) RCW 7.21.060, Administrative, actions or proceedings-Petition to court for imposition of
sanctions.
(g) RCW 7.21.070, Appellant review.
(Ord. 1289 §§1, 2, 2002).
9.04.050 - Anticipatory offenses prohibited.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9A.28.020(1), (2), (3)(d), (3)(e), Criminal attempt.
(b) RCW 9A.28.030, Criminal solicitation.
(c) RCW 9A.28.040(1), (2), (3)(d), (3)(e), Criminal conspiracy.
(Ord. 1289 §§1, 2, 2002).
9.04.060 - Penalty.
(a) Any person convicted of a gross misdemeanor will be punished by a fine not to exceed five
thousand dollars or by imprisonment in jail for a term not to exceed one year, or by both such fine and
imprisonment.
(b) Unless otherwise provided, any person convicted of violating the provisions of this chapter will be
guilty of a misdemeanor and will be punished by a fine not to exceed one thousand dollars or by
imprisonment in jail for a term not to exceed ninety days, or by both such fine and imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of RCW Ch. 69.50 adopted
by reference by the City of Arlington will be punished by imprisonment for not less than twenty-four
consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent
conviction, the fine will not be less than five hundred dollars. These fines will be in addition to any other
fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose
a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an
overcrowded condition, the minimum term of imprisonment will not be suspended or deferred. If the court
finds such risk or overcrowding exists, it will sentence the defendant to a minimum of forty hours of
community service. If a minimum term of imprisonment is suspended or deferred, the court will state in
writing the reason for granting the suspension or deferral and the facts upon which the suspension or
deferral is based. Unless the court finds the person to be indigent, the minimum fine will not be
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 4 of 37
suspended or deferred.
(Ord. 1289 §§1, 2, 2002).
Chapter 9.08 - CRIMES RELATING TO PERSONS
Sections:
9.08.010 - Assault and other crimes involving physical harm.
9.08.020 - Menacing.
9.08.030 - Aggressive begging.
9.08.040 - Harassment.
9.08.050 - Custodial interference.
9.08.060 - Violation of civil anti-harassment orders.
9.08.010 - Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9A.36.041, Assault in the fourth degree.
(2) RCW 9A.36.050, Reckless endangerment.
(3) RCW 9A.36.070, Coercion.
(4) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(5) RCW 9A.36.160, Failing to summon assistance.
(6) RCW 9A.36.161, Penalty.
(7) RCW 9.61.230, Telephone harassment.
(8) RCW 9.61.240, Telephone harassment—Permitting telephone to be used.
(9) RCW 9.61.250, Telephone harassment—Offenses, where deemed committed.
(10) RCW 9.61.260, Cyberstalking.
(11) RCW 10.99.020, Definitions.
(12) RCW 10.99.030, Law enforcement officers—Training, powers, duties—Domestic violence
reports.
(13) RCW 10.99.040, Duties of court—No-contact order.
(14) RCW 10.99.055, Enforcement of orders.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 5 of 37
(15) RCW 10.99.060, Prosecutor's notice to victim—Description of available procedures.
(16) RCW 26.09.300, Restraining orders—Notice—Refusal to
comply—Arrest—Penalty—Defense—Peace officers, immunity.
(17) RCW 26.10.220, Restraining orders—Notice—Refusal to
comply—Arrest—Penalty—Defense—Peace officers, immunity.
(18) RCW 26.44.067, Temporary restraining order or preliminary
injunction—Contents—Notice—Noncompliance—Defense—Penalty.
(19) RCW 26.50.010, Definitions.
(20) RCW 26.50.110, Order—Transmittal to law enforcement agency—Record in law enforcement
information system—Enforceability.
(21) RCW 26.50.120, Violation of order—Prosecuting attorney or attorney for municipality may be
requested to assist—Costs and attorney's fee.
(22) RCW 26.50.140, Peace officers—Immunity.
(Ord. 1383 §1, 2005: Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 1, 3-18-2010)
9.08.020 - Menacing.
A person is guilty of menacing when he or she knowingly causes or attempts to cause another person to
believe that he or she or any member of his or her family will be the victim of serious physical injury or
death. Menacing is a gross misdemeanor.
(Ord. 1289 §§1, 2, 2002).
9.08.030 - Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in the city as those
terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging means to beg with intent to intimidate another person into giving money or
goods.
(2) Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs or
other means.
(c) Intimidate means to coerce or frighten into submission or obedience.
(d) Public place means any road, alley, lane, parking area, sidewalk or any place, private or otherwise,
adapted to and fitted for vehicular or pedestrian travel, that is in common use by the public with the
consent, expressed or implied, of the owner or owners, and further, any public playground, school
grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use
of the public.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 6 of 37
(e) Aggressive begging is a gross misdemeanor.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 2, 3-18-2010)
9.08.040 - Harassment.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9A.46.020, Definition-Penalties.
(b) RCW 9A.46.030, Place where committed.
(c) RCW 9A.46.040, Court-Ordered requirements upon person charged with crime-Violation.
(d) RCW 9A.46.050, Arraignment-No-contact order.
(e) RCW 9A.46.060, Crimes included in harassment.
(f) RCW 9A.46.070, Enforcement of orders restricting contact.
(g) RCW 9A.46.080, Order restricting contact-Violation.
(h) RCW 9A.46.090, Nonliability of peace officer.
(i) RCW 9A.46.100, "Convicted," time when.
(j) RCW 9A.46.110, Stalking.
(Ord. 1289 §2, 2002).
9.08.050 - Custodial interference.
The following state statutes, including all future amendments, additions or deletions, are hereby adopted
by reference:
(a) RCW 9A.40.070, Custodial interference in the second degree.
(b) RCW 9A.40.080, Custodial interference-Assessment of costs-Defense-Consent defenses,
restricted.
(Ord. 1289 §2, 2002).
9.08.060 - Violation of civil anti-harassment orders.
It is a gross misdemeanor to willfully disobey a temporary or permanent anti-harassment order issued
pursuant to RCW Ch. 10.14.
(Ord. 1289 §2, 2002).
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 7 of 37
Chapter 9.12 - CRIMES RELATING TO CHILDREN AND MINORS
Sections:
9.12.010 - Statute adopted.
9.12.020 - Leaving children unattended.
9.12.010 - Statute adopted.
The following state statutes, including all future amendment additions or deletions, are adopted by
reference:
1. RCW 9.68A.090, Communicating with a minor for immoral purposes.
2. RCW 13.32A.080, Unlawful harboring of a minor-Penalties-Defense-Prosecution of adult for
involving child in commission of offense.
3. RCW 9A.42.037, Criminal mistreatment in the fourth degree.
(Ord. 1289 §2, 2002).
9.12.020 - Leaving children unattended.
It is unlawful for any person having the care, custody and/or control of minor children under the age of
eight years, to leave such children in a parked automobile unless attended by a person over the age of
twelve years, while such vehicle is standing upon a street or alley or in a public place. Every person
convicted of a violation of the provisions of this section will be guilty of leaving children unattended, a
misdemeanor.
(Ord. 1289 §2, 2002).
Chapter 9.16 - CRIMES RELATING TO PUBLIC MORALS
Sections:
9.16.010 - Definitions.
9.16.020 - Indecent exposure.
9.16.030 - Locations of performers providing certain forms of entertainment restricted.
9.16.040 - Prostitution—Unlawful acts, penalty.
9.16.050 - Probation violations.
9.16.060 - Prostitution—Sex of parties immaterial.
9.16.070 - Patronizing a prostitute.
9.16.080 - Sexual exploitation of children and minor access to erotic materials.
9.16.090 - Urinating in public.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 8 of 37
9.16.100 - Reserved.
9.16.010 - Definitions.
The following words, terms and phrases, when used in this article, will have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
"Act of prostitution" means engaging, offering, or agreeing to engage in sexual contact or sexual conduct
with any person in return for a fee.
"Actor" means a person who engages in conduct in violation of this article.
"Exposed" means the state of being revealed, exhibited or otherwise rendered to public view.
"Expressive dance" means any dance which, when considered in the context of the entire performance,
constitutes an expression of theme, story, or ideas, but excluding any dance such as, but not limited to,
common barroom-type topless dancing which, when considered in the context of the entire performance,
is presented primarily as a means of displaying nudity as a sales device or for other commercial
exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the
prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic,
political or scientific value.
"Fee" means money, any negotiable instrument, any good or service having value, or any other
consideration.
"Known prostitute or panderer" means a person who, within one year prior to the date of arrest for a
violation of this article, has been convicted of violating any ordinance or law of any jurisdiction within the
state of defining and punishing acts of soliciting, committing or offering or agreeing to commit prostitution.
"Person" means and include natural persons of either sex, firms, corporations and all associations of
natural persons, whether acting by themselves or by an agent, servant or employee.
"Sexual conduct" means:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight; or
2. Any penetration of the vagina or anus, however slight, by an object, when committed on one
person by another, whether such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or diagnostic purposes; or
3. Any act of sexual contact between persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the same or opposite sex; or
4. Masturbation; manual or instrumental, of one person by another.
"Sexual contact" means any touching of the sexual or other intimate parts of a person done for the
purpose of gratifying sexual desire of either party.
(Ord. 1289 §2, 2002).
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 9 of 37
9.16.020 - Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene
exposure of his or her person to the person of another knowing that such conduct is likely to cause
reasonable affront or alarm.
(b) Indecent exposure is a misdemeanor unless such person exposes himself or herself to a person
under the age of 14 years in which case indecent exposure is a gross misdemeanor.
(Ord. 1289 §2, 2002).
9.16.030 - Locations of performers providing certain forms of entertainment restricted.
No entertainer will appear in any public place while unclothed or with any portion of the buttocks, genitals,
pubic region or female breasts exposed, except upon a stage or other surface raised at least eighteen
inches above the level of the floor upon which the closest patrons are seated or standing, nor closer than
six feet from the nearest patron. Any violation of this section is a misdemeanor.
(Ord. 1289 §2, 2002).
9.16.040 - Prostitution—Unlawful acts, penalty.
It is unlawful for anyone to:
(a) Intentionally engage in or offer or agree to engage in an act of prostitution; or
(b) Intentionally secure or offer to secure another person for the purpose of engaging in an act of
prostitution; or
(c) To intentionally transport a person into or within the city with the purpose of promoting that
person's engaging in an act of prostitution, or procuring or paying for transportation with that
purpose; or
(d) Intentionally receive, offer or agree to receive a person into any place or building for the
purpose of performing an act of prostitution, or to knowingly permit a person to remain there for any
such purpose; or
(e) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution; or
(f) Intentionally in any way aid, abet or participate in an act of prostitution; or
(g) Remain in or near any street, sidewalk, alleyway or other place open to the public with the
intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of
prostitution. Among the circumstances which may be considered in determining whether the actor
intends such prohibited conduct are:
(1) That the actor is a known prostitute or panderer.
(2) The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in
conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms or any other bodily gesture.
(3) The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 10 of 37
attempts to stop pedestrians.
(4) The actor inquires whether a potential patron, procurer or prostitute is a police officer,
searches for articles that would identify a police officer, or requests the touching or exposing of
genitals or female breasts to prove that the person is not a police officer; or
(h) Intentionally enter or remain in any area of prostitution in violation of a condition of probation.
Prostitution is a misdemeanor.
(Ord. 1289 §2, 2002).
9.16.050 - Probation violations.
(a) As used in this section, "probationer" means any person who, after conviction of a violation of this
article or RCW Ch.9A.88, has been placed on probation in connection with the suspension or deferral of
sentence by either a district or municipal court of this county or the county superior court.
(b) Whenever a police officer has probable cause to believe that a probationer, prior to the termination
of the period of his or her probation, is, in such officer's presence, violating or failing to comply with any
requirement or restriction imposed by the court as a condition of such probation, such officer may cause
the probationer to be brought before the court wherein sentence was deferred or suspended, and for
such purpose such police officer may arrest such probationer without warrant or other process.
(Ord. 1289 §2, 2002).
9.16.060 - Prostitution—Sex of parties immaterial.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct
engaged in, contemplated, or solicited is immaterial and, therefore, no defense exists based upon the sex
of the parties.
(Ord. 1289 §§1, 2, 2002).
9.16.070 - Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(a) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual contact
with him or her; or
(b) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor such person will engage in sexual conduct or sexual contact
with him or her; or
(c) He or she intentionally solicits or requests another person to engage in sexual conduct or
sexual contact with him or her in return for a fee.
(Ord. 1289 §2, 2002).
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 11 of 37
9.16.080 - Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or deletions, are hereby adopted
by reference:
(1) RCW 9.68A.011, Definitions.
(2) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit conduct.
(3) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit
conduct—Report required.
(4) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(5) RCW 9.68A.120, Seizure and forfeiture of property.
(6) RCW 9.68A.130, Recovery of costs of suit by minor.
(7) RCW 9.68A.150, Allowing minor on premises of live erotic performance—Penalty.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 3, 3-18-2010)
9.16.090 - Urinating in public.
(a) A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public
place, other than a washroom or toilet room, or at a place and under circumstances where such act could
be observed by any member of the public.
(b) Urinating in public is a misdemeanor.
(Ord. 1289 §2, 2002).
9.16.100 - Reserved.
Editor's note— Ord. No. 2010-006, § 4, adopted Mar. 18, 2010, repealed § 9.16.100, which pertained to nude sunbathing
prohibited and derived from Ord. 1298, § 1, 2002.
Chapter 9.20 - CRIMES RELATING TO PUBLIC PEACE AND TRANQUILITY
Sections:
9.20.010 - Disorderly conduct.
9.20.020 - Riot; failure to disperse; obstruction.
9.20.030 - Privacy, violating right of.
9.20.040 - Malicious prosecution; abuse of process.
9.20.050 - Definitions.
9.20.060 - Nuisance noise originating from private property or premises not open to the public.
9.20.070 - Complaints and enforcement.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 12 of 37
9.20.080 - Nuisance noise originating from public property or premises open to the public and or vehicles.
9.20.090 - Enforcement and penalty.
9.20.100 - Exemptions.
9.20.110 - Variance.
9.20.120 - Civil enforcement.
9.20.010 - Disorderly conduct.
A person is guilty of disorderly conduct if he or she:
(1) Uses abusive language and thereby intentionally creates a risk of assault; or
(2) Intentionally disrupts any lawful assembly or meeting of persons without authority; or
(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
(4) Fights by agreement; except as a part of an organized athletic event.
Disorderly conduct is a misdemeanor.
(Ord. 1289 §2, 2002).
9.20.020 - Riot; failure to disperse; obstruction.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9A.84.010(1),(2)(b), Riot.
(b) RCW 9A.84.020, Failure to disperse.
(c) RCW 9.27.015, Interference, obstruction of any court, building or residence—Violations.
(Ord. 1289 § 2, 2002).
9.20.030 - Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.73.010, Divulging telegram.
(2) RCW 9.73.020, Opening sealed letter.
(3) RCW 9.73.030, Intercepting, recording or divulging private communication—Consent
required—Exceptions.
(4) RCW 9.73.070, Persons and activities excepted from chapter.
(5) RCW 9.73.090, Certain emergency response personnel exempted from RCW 9.73.030
through 9.73.080—Standards—Court authorizations—Admissibility.
(6) RCW 9.73.100, Recordings available to defense counsel.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 13 of 37
(7) RCW 9.73.080, Penalties.
(Ord. 1289 § 2, 2002).
(Ord. No. 2010-006, § 5, 3-18-2010)
9.20.040 - Malicious prosecution; abuse of process.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9.62.010, Malicious prosecution.
(b) RCW 9.62.020, Instituting suit in name of another.
(Ord. 1289 § 2, 2002).
9.20.050 - Definitions.
For the purposes of Sections 9.20.060 through 9.20.120 of this chapter, the following definitions shall
apply:
"Loud and raucous" means any sound or combination of sounds that is above the background sound
level and is indiscriminate, disagreeably harsh, clamorous, blaring, or discordant.
"Motor vehicle" includes licensed and unlicensed devices that are powered by an engine or motor with
the intention of carrying people or property.
"Public nuisance noise" means any unreasonable sound which unreasonably annoys, injures, interferes
with or endangers the comfort, repose, health or safety of others.
"Residential premises" includes houses, accessory dwelling units, multiple-family dwellings or any place
where people normally reside.
(Ord. 1320 § 2, 2004).
9.20.060 - Nuisance noise originating from private property or premises not open to the public.
It is unlawful for any person to knowingly cause or make, or for any person in possession or in control of
property to knowingly allow to originate from private property or premises which are not open to the
public, any public nuisance noise. The following sounds or combination of sounds are noises which are
deemed to be public nuisance noise for purposes of this section:
(1) Loud and raucous, and frequent, repetitive or intermittently continuous use or a horn or siren
attached to a motor vehicle, except such sounds that are made to warn of danger or that are
specifically permitted or required by law;
(2) Loud and raucous, and frequent, repetitive or intermittently continuous sounds in connection
with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race
vehicle, off-road vehicle, or internal combustion engine;
(3) Loud and raucous, and frequent, repetitive or intermittently continuous sounds made by the
use of a musical instrument or instruments, or other device capable of producing sound when struck
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 14 of 37
by an object, or a whistle, or a sound amplifier or other device capable of producing, amplifying or
reproducing sound;
(4) Operating a mobile or stationary sound amplification device for the purpose of emitting sound
to the public;
(5) Using, operating or permitting to be used, played or operated any radio, receiving set, musical
instrument, phonograph, compact disc player, or other machine or device for the producing or
reproducing of sound in such a manner as to unreasonably disturb the peace, quiet, and comfort of
the neighboring inhabitants. The operation of any such machine or device in such a manner shall be
prima facie evidence of a violation of this section when the sound is plainly audible:
(A) Off the private land where the sound originates, or
(B) Inside an adjoining residential premises;
(6) Any unreasonable or excessive noise near any public or private school, institute of learning,
public meeting place, church, health care facility, or court that is open or in session;
(7) Except for emergency situations affecting the health and safety of the occupants of a premises,
the following sounds when performed between the hours of ten p.m. and six a.m.:
(A) Sounds originating from any property relating to the maintenance or repair of structures,
grounds, landscaping, parking lots or appurtenances, including but not limited to sounds
created by lawn mowers, power tools, hammering or gardening.
(B) Yelling, screaming or loud human voices that are plainly audible inside an adjoining
residence;
(8) Unless specifically permitted by the city's building official, noise resulting from any construction
or development activity or the operation of any heavy equipment from seven p.m. to seven a.m.
Monday through Saturday;
(9) Noise which originates from property defined as a commercial district in AMC 20.36.020 or a
manufacturing district defined in AMC 20.36.030 and which meets or exceeds the noise levels set
out in Washington Administrative Code (WAC) Chapter 173-60. For purposes of determining
compliance with this section, the city adopts and incorporates by reference the following sections of
the WAC: 173-60-010, 173-60-020, 173-60-030, 173-60-040, and 173-60-050.
(Ord. 1320 § 3, 2004).
9.20.070 - Complaints and enforcement.
(a) When a complaint alleging a violation of AMC Section 9.20.060 is received by the police department
and is verified to be occurring by the responding police officer, the police officer will give a warning to the
offending person that such violations must stop. Failure to immediately cease the violation or having
repeat violations within a sixty-day period is a criminal violation and the police officer may cite the
offender.
(b) Whenever three or more persons living in separate residences state in writing that any person is
violating any provisions of this section, it may be considered a violation of this chapter and the police
department will forward the information to the city prosecutor for action.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 15 of 37
(c) The content of the sound or noise will not be considered for purposes of this section.
(d) Any person violating any provision of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not to exceed two hundred fifty dollars or ninety days in jail
or both such fine and jail. Any second or subsequent violation shall be twice the amount as the first
offense.
(Ord. 1320 § 4, 2004).
9.20.080 - Nuisance noise originating from public property or premises open to the public and or
vehicles.
It is unlawful for any person to knowingly cause or make from public property or premises which are open
to the public, any public nuisance noise. For purpose of this section, public nuisance noise shall include
but not be limited to:
(1) Yelling, screaming or loud human voices originating from public property, or from premises
open to the public, between the hours of ten p.m. and six a.m., when said noise is plainly audible
from a distance of fifty feet or more. The content of the noise shall not be considered.
(2) Operating an electronic machine or device producing amplified sound is plainly audible at a
distance of fifty feet or more from the source.
(3) Noise from or created by a vehicle while on public property or premises open to the public by:
(A) Emitting amplified sound at a volume that is audible from fifty feet or more away from a
vehicle,
(B) Intentional squealing of tires, or
(C) Making sounds for any duration or frequency from the starting and/or running of the
engine of a racing vehicle.
(Ord. 1320 § 5, 2004).
9.20.090 - Enforcement and penalty.
Any violation of AMC Section 9.20.080 shall be a civil infraction subject to a monetary fine of one hundred
dollars. The fine will double in amount if: it is not paid within fifteen days of the issuance of the infraction
and the violation is neither contested nor a mitigation hearing requested, according to procedures
contained on the Notice of Infraction. Any such fine not paid after notice of delinquency may be forwarded
to a collection agency or may be collected by any means as authorized by law.
(Ord. 1320 § 6, 2004).
9.20.100 - Exemptions.
The following sounds are exempt from the provisions of this chapter at all times:
(1) Noise which originates from a permitted special event;
(2) Noise which originates from aircraft in flight or otherwise lawful aviation functions;
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 16 of 37
(3) Noise which originates from fireworks that are allowed by law or permit; or
(4) Noise which originates from fire alarms, safety equipment or emergency equipment.
(Ord. 1320 § 7, 2004).
(Ord. No. 2010-006, § 6, 3-18-2010)
9.20.110 - Variance.
Any person may apply to the chief of police for a variance from the requirements of Sections 9.20.050
through 9.20.100. Any such request for a variance shall be accompanied by such information as the chief
or his or her designee may require. Granting of a variance shall rest in the reasonable discretion of the
chief or his or her designee and shall not be a right of any applicant. The chief may grant a variance if he
or she, after considering the relative interests of the applicant, other owners or possessors or property
likely to be affected by the noise, and the general public, finds that the noise does not endanger the public
health or safety. In considering any variance, the chief may consider whether compliance with the
particular requirement or requirements from which the variance is sought will require the taking of
measures which, because of their extent or cost, must reasonably be spread over a period of time. Any
action by the chief on a request for a variance shall be final unless a written appeal of that decision is filed
with the city clerk, accompanied by a fee as set forth by resolution of the city. All such appeals shall be
heard by the hearing examiner in accordance with the provisions of AMC Chapter 20.24.
(Ord. 1320 § 8, 2004).
9.20.120 - Civil enforcement.
Nothing contained in this chapter shall limit or restrict the authority of the city or any private party to abate
nuisance noises through civil proceedings in any court of competent jurisdiction.
(Ord. 1320 § 9, 2004).
Chapter 9.24 - CRIMES RELATING TO FIRE
Sections:
9.24.010 - Reckless burning.
9.24.020 - False fire alarms and miscellaneous crimes.
9.24.010 - Reckless burning.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference.
(a) RCW 9A.48.010, Definitions.
(b) RCW 9A.48.050, Reckless burning in the second degree.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 17 of 37
(c) RCW 9A.48.060, Reckless burning—Defenses.
(Ord. 1289 § 2, 2002).
9.24.020 - False fire alarms and miscellaneous crimes.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9.40.040, Operating engine or boiler without spark arrester.
(b) RCW 9.40.100, Injuring or tampering with fire alarm apparatus or equipment—Sounding false
alarm or fire.
(Ord. 1289 § 2, 2002).
Chapter 9.28 - CRIMES RELATING TO PROPERTY
Sections:
9.28.010 - Theft, unauthorized issuance of bank checks and possession of stolen property.
9.28.020 - Malicious mischief and obscuring identity of machines.
9.28.030 - Trespass and related crimes.
9.28.040 - Disruption of school activities.
9.28.050 - Graffiti nuisance.
9.28.010 - Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9A.56.010, Definitions.
(2) RCW 9A.56.020, Theft—Definition, defense.
(3) RCW 9A.56.050, Theft in third degree.
(4) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
(5) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
(6) RCW 9A.56.096, Theft of rental, leased, lease-purchased, or loaned property.
(7) RCW 9A.56.140, Possessing stolen property—Definition—Presumption.
(8) RCW 9A.56.170, Possessing stolen property in the third degree.
(9) RCW 9A.56.220, Theft of cable television services.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 18 of 37
(10) RCW 9A.56.230, Unlawful sale of cable television services.
(11) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(12) RCW 9A.56.270, Shopping cart theft.
(Ord. 1383 §2, 2005: Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 7, 3-18-2010)
9.28.020 - Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9A.48.090, Malicious mischief in the third degree.
(2) RCW 9A.48.100(l), Malicious mischief—"Physical damage" defined.
(3) RCW 9A.48.105, Criminal street gang tagging and graffiti.
(4) RCW 9A.56.180, Obscuring identity of a machine.
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 8, 3-18-2010)
9.28.030 - Trespass and related crimes.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9A.52.010, Definitions.
(2) RCW 9A.52.060, Making or having burglar tools.
(3) RCW 9A.52.070, Criminal trespass in the first degree.
(4) RCW 9A.52.080, Criminal trespass in the second degree.
(5) RCW 9A.52.090, Criminal trespass—Defenses.
(6) RCW 9A.52.100, Vehicle prowling in the second degree.
(7) RCW 9A.52.120, Computer trespass in the second degree.
(8) RCW 9A.52.130, Computer trespass—Commission of other crime.
(Ord. 1289 §§1, 2, 2002).
9.28.040 - Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 19 of 37
(1) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing to leave
public property, violations, when—Penalty.
(2) RCW 28A.635.030, Disturbing school, school activities or meetings—Penalty.
(3) RCW 28A.635.090, Interference by force or violence—Penalty.
(4) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or student by
threat of force or violence unlawful—Penalty.
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 9, 3-18-2010)
9.28.050 - Graffiti nuisance.
A. Graffiti Deemed Nuisance. Graffiti and other defacement of public and private property, including
walls, rocks, bridges, fences, gates and other structures, trees, and other real and personal property
within the city, constitute a nuisance. Although it is appropriate, where possible, to request that the courts
require people who are convicted of acts of malicious mischief and vandalism involving the application of
graffiti to public or private property to restore the property so defaced, damaged or destroyed, oftentimes
it is difficult to identify, or to identify and convict, the wrongdoer. The continued presence of graffiti is a
blight on the community. While voluntary graffiti removal should be encouraged, where graffiti has not
been promptly removed, graffiti should be removed in accordance with the provisions of this chapter.
B. Definitions. For the purpose of this section, the following words shall have the following meanings:
(1) "Abate" means the removal, painting over, or other obscuring of graffiti from view as directed
by the notice provided for in AMC 9.28.050 D(2).
(2) "Graffiti" means the defacing, damaging or destroying by spraying of paint or marking of ink,
chalk, dye or other similar substances on public or private buildings, structures, facilities, natural
features, and places.
(3) "Graffiti nuisance property" means property upon which graffiti exists and where, after notice
as provided by this chapter, the graffiti has not been abated by the deadline set in a notice as
established by the chapter.
(4) "Owner" means any entity or entities having a legal or equitable interest in real or personal
property including but not limited to the interest of a tenant or lessee.
(5) "Responsible party" means an owner, and also an entity or person acting as an agent for an
owner, or an entity or a person who has dominion and control over a property. There may be more
than one responsible party for a particular property.
C. Continued Presence of Graffiti an Infraction. It shall be a civil infraction for a responsible party to
allow a graffiti nuisance property to exist. Each day a graffiti nuisance property shall exist shall be a
separate infraction. A civil infraction under this chapter shall be punishable by a penalty of one hundred
dollars for each violation.
D. Notice of Removal.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 20 of 37
(1) Whenever graffiti exists and is visible to any person of normal eyesight utilizing any public
road, parkway, alley, sidewalk or other facility open to the general public, the responsible person
shall abate such graffiti nuisance within forty-eight hours of the placement of the graffiti.
(2) Whenever the responsible party fails to abate and remove graffiti as set forth in subsection (1)
of this section, and whenever the chief of police or his/her designated representative determines
that graffiti exists, a notice shall be issued to the responsible person to abate the nuisance by a
stated deadline, which shall be no more than forty-eight hours after the date of the notice unless
weather or seasonal conditions require a longer deadline.
(3) The giving of notice as required by this section shall be accomplished by providing the notice to
the responsible party in any one of the following way:
(a) By personal service on the responsible party;
(b) By registered or certified mail, postage prepaid, properly addressed and mailed to the last
known address of the responsible party and to the address of where the graffiti exists.
(4) The notice shall be as established by the chief of police. The notice shall include a list of
community resources and references where the property owner may seek assistance in the
eradication of graffiti.
E. Appeal.
(1) The hearing examiner for the city of Arlington hereby is given jurisdiction to hear appeals of a
"Notice of Graffiti" or "notice of Graffiti Nuisance Property." An appeal shall be commenced by filing
a notice of appeal with the city clerk within ten days after the service of the "Notice of Graffiti" or
"Notice of Graffiti Nuisance Property" on the party or parties to whom the notice is directed. If no
appeal is filed within ten days, the "Notice of Graffiti" or "Notice of Graffiti Nuisance Property" shall
become final and conclusive, and not subject to appeal or review in any forum.
(2) In any appeal, the city shall have the burden to prove by a preponderance of the evidence that
the property contains graffiti, the named party is a responsible party, the deadline for abatement is
reasonable and should not be adjusted for weather or seasonal conditions, and the manner of
abatement is reasonable.
(3) If the hearing examiner finds that the property contains graffiti and that the named party is a
responsible party, but that either the manner of abatement is not reasonable, or the deadline should
be extended for seasonal or weather conditions, then the hearing examiner shall modify the manner
of abatement to make the same reasonable or extend the deadline a reasonable period to account
for seasonal or weather conditions, as the case may be.
(4) The hearing examiner shall issue a written decision containing the following information:
(a) Findings of fact (which shall include the common address and legal description for the
property) and conclusions of law;
(b) The manner of any required abatement action and the deadline by which abatement must
be completed;
(c) A description of the civil penalty for an infraction which may accrue if the responsible party
fails to abate the graffiti by the deadline established in the decision and order;
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 21 of 37
(d) A statement that the decision of the hearing examiner becomes final twenty-one days
after the date of the decision unless the decision of the hearing examiner is appealed to the
Snohomish County Superior Court; and
(e) A statement that if the graffiti is not abated by the deadline established in the decision and
order that the city or its contractor may abate the graffiti and the cost of abatement will be a
personal obligation of the responsible party and a lien against the graffiti nuisance property.
(5) The hearing examiner shall mail his/her decision to the named party by regular and certified
mail, and a copy of the decision also shall be posted on the property in a conspicuous location.
(6) Any review of the decision of the hearing examiner must be by land use petition filed within
twenty-one days of issuance of the decision and order in the Snohomish County Superior Court in
accordance with the Land Use Petition Act.
F. Removal by City. When the deadline established under this chapter has passed, and the property is
deemed graffiti nuisance property, the city may abate the graffiti nuisance property. Either city resources
or contractors may be used in abating the graffiti nuisance property. Using any lawful means, the city and
its representatives may enter upon the graffiti nuisance property and abate the graffiti. The city may seek
judicial process or writ as is deemed necessary to carry out the abatement.
G. City Cost Recoverable—Debt—Lien. If the city is required to remove graffiti and abate a graffiti
nuisance property, the city shall bill the cost of removal and abatement to the responsible party. The costs
billed shall be due and payable to the city within ten calendar days of billing. The costs billed shall include
the value of the use of city staff and resources (at the current established hourly rate) and all payments
made to third parties. If the costs billed are not paid when due, they shall be a personal debt of the
responsible party and automatically the costs shall be a lien upon the graffiti nuisance property. The city
may take all lawful actions to collect the debt of the responsible party or to foreclose its lien upon the
graffiti nuisance property.
H. Rewards. The city may offer a reward not to exceed three hundred dollars for information leading to
the identification and apprehension of any person who willfully damages or destroys any public or private
property by the use of graffiti. The actual amount awarded (not to exceed three hundred dollars) shall be
determined in the discretion of the chief of police. In the event of damage to public property, the offender
or the parents or legal guardian of any unemanicipated minor must reimburse the city for any reward paid.
In the event of multiple contributors of information, the reward amount shall be divided by the city in the
manner it shall deem appropriate. Claims for rewards under this section shall be filed with the chief of
police or his designee in the manner specified by the Arlington police department. No claim for a reward
shall be allowed unless the city investigates and verifies the accuracy of the claim and determines that
the requirements of this section have been satisfied.
(Ord. No. 1473, § 1, 10-5-2009)
Chapter 9.32 - CRIMES RELATING TO FRAUD AND FALSE
REPRESENTATIONS
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 22 of 37
Sections:
9.32.010 - Fraud.
9.32.020 - False representations.
9.32.010 - Fraud.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.04.010, False advertising.
(2) RCW 9.45.060, Encumbered, leased or rented personal property—Construction.
(3) RCW 9.45.070, Mock auctions.
(4) RCW 9.45.080, Fraudulent removal of property.
(5) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(6) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(7) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
(8) RCW 9A.60.045, Criminal impersonation in the second degree.
(9) RCW 9A.60.050, False certification.
(10) RCW 9A.61.010, Definitions.
(11) RCW 9A.61.020, Defrauding public utility.
(12) RCW 9A.61.050, Defrauding a public utility in the third degree.
(13) RCW 9A.61.060, Restitution and costs.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 10, 3-18-2010)
9.32.020 - False representations.
The following statutes, including all future amendments, additions or deletions, are adopted by reference:
(a) RCW 9.38.010, False representation concerning credit.
(b) RCW 9.38.020, False representation concerning title.
(Ord. 1289 §2, 2002).
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 23 of 37
Chapter 9.36 - CRIMES RELATING TO PUBLIC OFFICERS
Sections:
9.36.010 - Obstructing public officers.
9.36.020 - Public officer defined.
9.36.030 - Obstructing justice, criminal assistance, introducing contraband and related offenses.
9.36.040 - Escape.
9.36.050 - Vehicles resembling police or fire vehicles.
9.36.060 - Interference with and abuse of police dogs prohibited.
9.36.070 – Making a false or misleading statement to a public servant
9.36.010 - Obstructing public officers.
It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to
willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties.
Obstructing public officers is a misdemeanor.
(Ord. 1289 §2, 2002).
9.36.020 - Public officer defined.
Public officer, as used in this article, comprises police officers; fire chief and his or her designees; city
administrator, health officers; and the public works director and his or her designees; city clerk and his or
her designee; code enforcement personnel; and other city personnel authorized for enforcement of city
ordinances, statutes and codes.
(Ord. 1289 §2, 2002).
9.36.030 - Obstructing justice, criminal assistance, introducing contraband and related offenses.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.69.100, Duty of witness of offense against child or any violent offense—Penalty.
(2) RCW 9A.72.010, Definitions.
(3) RCW 9A.72.040, False swearing.
(4) RCW 9A.72.060, Perjury and false swearing—Retraction.
(5) RCW 9A.72.070, Perjury and false swearing—Irregularities no defense.
(6) RCW 9A.72.080, Statement of what one does not know to be true.
(7) RCW 9A.72.140, Jury tampering.
(8) RCW 9A.72.150, Tampering with physical evidence.
(9) RCW 9A.76.010, Definitions.
(10) RCW 9A.76.020, Obstructing a law enforcement officer.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 24 of 37
(11) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(12) RCW 9A.76.040, Resisting arrest.
(13) RCW 9A.76.050, Rendering criminal assistance—Definition of terms.
(14) RCW 9A.76.060, Relative defined.
(15) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(16) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(17) RCW 9A.76.100, Compounding.
(18) RCW 9A.76.160, Introducing contraband in the third degree.
(19) RCW 9A.76.170(1),(2), 3(d), Bail jumping.
(20) RCW 9A.84.030, Disorderly conduct.
(21) RCW 9A.84.040, False reporting.
(Ord. 1383 §3, 2005: Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 11, 3-18-2010)
9.36.040 - Escape.
The following state statutes, including future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.31.090, Escaped prisoner recaptured.
(2) RCW 9A.76.130, Escape in the third degree.
(Ord. 1289 §2, 2002).
9.36.050 - Vehicles resembling police or fire vehicles.
No person may operate a motor vehicle within the city which is painted and contains decals, numbers,
name or insignia so as to simulate a city or county police or fire department vehicle, or city vehicle,
without prior authorization from the police chief, fire chief, city manager, or their designees. Violation of
this section is a misdemeanor.
(Ord. 1289 §2, 2002).
9.36.060 - Interference with and abuse of police dogs prohibited.
It is a misdemeanor for any person to willfully or maliciously interfere with, obstruct, torture, beat, kick,
strike, or in any way abuse or harass any dog used by any police officer in discharging or attempting to
discharge any legal duty or power of his or her office, under circumstances not amounting to "Harming a
Police Dog," as defined in RCW 9A.76.200.
(Ord. 1289 §2, 2002).
Comment [kmb1]: Prosecutor is requesting the
Council adopt statute as a whole
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 25 of 37
9.36.070 – Making a false or misleading statement to a public servant
RCW 9A.76.175, including future amendments, additions or deletions, is adopted by reference.
Chapter 9.40 - CRIMES RELATING TO CONTROLLED SUBSTANCES, DRUG
PARAPHERNALIA, POISONS, AND TOXIC FUMES
Sections:
9.40.010 - Statutes adopted.
9.40.020 - Drug paraphernalia—Possession prohibited.
9.40.030 - Definitions.
9.40.040 - Minors.
9.40.050 - Minors excluded.
9.40.060 - Sale and display rooms.
9.40.070 - Sale restriction.
9.40.080 - Nuisance.
9.40.090 - Violation: penalty.
9.40.100 - Inhaling toxic fumes.
9.40.110 - Poisons.
9.40.010 - Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 69.50.101, Definitions.
(2) RCW 69.50.204(d)(14), Schedule I—Marijuana Marijuana defined as a controlled substance.
(3) RCW 69.50.309, Containers.
(4) RCW 69.50.4014 (e), Prohibited acts: A—Penalties Possession of 40 grams or less of marijuana
prohibited..
(5) RCW 69.50.412, Prohibited acts: E—Penalties.
(6) RCW 69.50.505, Seizure and forfeiture.
(7) RCW 69.50.506, Burden of proof; liabilities.
(8) RCW 69.50.509, Search and seizure of controlled substances.
(9) RCW 69.50.102 Drug paraphernalia – Definitions
(10) RCW 69.50.201 Authority to control
Comment [kmb2]: Adding new 9.40.010(9-11),
amending 9.40.010(2), and amending 9.40.010(4)
will allow us to prosecute possession of marijuana
cases. Right now we do not have the authority to do
so.
Will renumber so RCWs are in order
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 26 of 37
(11) RCW 69.50.202 Nomenclature
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 12, 3-18-2010)
9.40.020 - Drug paraphernalia—Possession prohibited.
No person may possess any drug paraphernalia as defined in 9.40.030. Possession of drug
paraphernalia is a misdemeanor.
(Ord. 1289 §§1, 2, 2002).
9.40.030 - Definitions.
As used in this article, "drug paraphernalia" means all equipment, products, and materials of any kind
which are used, intended for use, or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling,
smoking, or otherwise introducing into the human body a controlled substance. It includes, but is not
limited to:
(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing, or
harvesting of any species of plant which is a controlled substance or from which a controlled substance
can be derived;
(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting,
producing, processing or preparing controlled substances;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any
species of plant which is a controlled substance;
(d) Testing equipment used, intended for use or designed for use in identifying or in analyzing the
strength, effectiveness or purity of controlled substances.
(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled
substances;
(f) Diluent and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose,
used, intended for use or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds
from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use
in compounding controlled substances;
(i) Capsules, balloons, envelope and other containers used, intended for use or designed for use in
compounding controlled substances;
(j) Containers and other objects used, intended for use or designed for use in storing or concealing
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 27 of 37
controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in
parenterally injecting controlled substances into the human body.
(l) A device "designed primarily for" such smoking or ingestion set forth in subsection (i) of this section
is a device which has been fabricated, constructed, altered, adjusted or marked especially for use in the
smoking, ingestion or consumption of marijuana, hashish, hashish oil, cocaine or any other controlled
substance," and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of
features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use
such device for some other purpose. Paraphernalia includes, but is not limited to, the following items or
devices.
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette, that
has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) A smokable pipe which contains a heating unit, whether device is known as an "electrical pipe"
or otherwise;
(10) Air-driven pipes;
(11) Chillums;
(12) A device constructed to prevent the escape of smoke into the air and to channel smoke into a
chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke
than would otherwise be possible, whether the device is known as a "bong" or otherwise;
(13) A device constructed to permit the simultaneous mixing and ingestion of smoke and nitrous
oxide or other compressed gas, whether the device is known as a "buzz bomb" or otherwise;
(14) A canister, container or other device with a tube, nozzle or other similar arrangement attached
so constructed as to permit the forcing of smoke accumulated therein into the user's lungs under
pressure, whether the device is known as a "power hitter" or otherwise;
(15) A device for holding a marijuana cigarette, whether the device is known as a "roach clip" or
otherwise;
(16) A spoon for ingestion of a controlled substance through the nose;
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 28 of 37
(17) A straw or tube for ingestion of a controlled substance through the nose or mouth;
(18) A smokable pipe constructed with a receptacle or container in which water or other liquid may
be placed into which smoke passes and is cooled in the process of being inhaled or ingested;
(19) Ice pipes or chillers,
In determining whether an object is drug paraphernalia under this section, a court or other authority
should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or
federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of this article;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object,
to deliver it to persons he or she knows, or should reasonably know, intend to use the object to
facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as
to a direct violation of this article will not prevent a finding that the object is intended or designed for
use as drug paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale; (k) Whether the owner, or anyone in
control of the object is a legitimate supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the
business enterprise;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning its use.
(Ord. 1289 §§1, 2, 2002).
9.40.040 - Minors.
No owner, manager, proprietor or other person in charge of any room in any place of business where any
device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used
for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance,
other than prescription drugs and devices to ingest or inject prescription drugs, is sold, or displayed for
the purpose of sale, may allow or permit any person under the age of eighteen years to be in, remain in,
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 29 of 37
enter or visit such room unless such minor person is accompanied by one of his or her parents or his or
her legal guardian.
(Ord. 1289 §§1, 2, 2002).
9.40.050 - Minors excluded.
No person under the age of eighteen years may be in, remain in, enter or visit any room in any place used
for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are
primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana,
hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject
prescription drugs unless such person is accompanied by one of his or her parents or his or her legal
guardian.
(Ord. 1289 §§1, 2, 2002).
9.40.060 - Sale and display rooms.
No person may maintain, in any place of business to which the public is invited, the display for sale or the
offering to sell of devices, contrivances, instruments or paraphernalia which are primarily designed for or
intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any
controlled substance other than prescription drugs and devices to ingest or inject prescription drugs
unless within a separate room or enclosure to which minors not accompanied by a parent or legal
guardian are excluded. Each entrance to such a room or enclosure will be posted with a sign in
reasonably visible and legible words to the effect that items which are defined as drug paraphernalia
under this chapter are being offered for sale in such a room and that minors, unless accompanied by a
parent or legal guardian, are excluded.
(Ord. 1289 §§1, 2, 2002).
9.40.070 - Sale restriction.
No person may sell or give, or permit to be sold or given to any person under the age of eighteen years
any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be
used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance
other than prescription drugs and devices to ingest or inject prescription drugs.
(Ord. 1289 §§1, 2, 2002).
9.40.080 - Nuisance.
The distribution or possession for the purpose of sale, exhibition or display, in any place of business from
which minors are not excluded as set forth in this chapter of devices, contrivances, instruments or
paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or
consumption of marijuana, hashish, PCP or any controlled substance other than prescription drugs and
devices to ingest or inject prescription drugs is declared to be a public nuisance and may be abated by
the city. This remedy will be in addition to any other remedy provided by the law including the penalty
provision applicable for the violation of the terms and provision of this chapter.
(Ord. 1289 §§1, 2, 2002).
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 30 of 37
9.40.090 - Violation: penalty.
Any person convicted of having violated section 9.40.040, 9.40.050, 9.40.060, or 9.40.070 will be guilty of
a misdemeanor and will be punished by a fine of not more than one thousand dollars or imprisonment for
not more than ninety days, or both such fine and imprisonment. In addition, a second subsequent
conviction of section 9.40.040, 9.40.050, 9.40.060, or 9.40.070 may result in revocation of the business
license of the place of business where the violations occurred.
(Ord. 1289 §§1, 2, 2002).
9.40.100 - Inhaling toxic fumes.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.47A.010, Definition.
(2) RCW 9.47A.020, Unlawful inhalation—Exception.
(3) RCW 9.47A.030, Possession of certain substances prohibited, when.
(4) RCW 9.47A.040, Sale of certain substances prohibited, when.
(5) RCW 9.47A.050, Penalty.
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 13, 3-18-2010)
9.40.110 - Poisons.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 69.38.010, Poison defined.
(b) RCW 69.38.020, Exemptions from chapter.
(c) RCW 69.38.030, Poison register—Identification of purchaser.
(d) RCW 69.38.040, Inspection of poison register—Penalty for failure to maintain register.
(e) RCW 69.38.050, False representations—Penalty.
(f) RCW 69.38.060, Manufacturers and sellers of poisons—License required-Penalty.
(Ord. 1289 §§1, 2, 2002).
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 31 of 37
Chapter 9.44 - CRIMES RELATING TO ALCOHOLIC BEVERAGES
Sections:
9.44.010 - Adoption of statutes.
9.44.020 - Furnishing liquor to persons underage; possession; use.
9.44.010 - Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 66.04.010, Definitions.
(2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card.
(3) RCW 66.20.210, Licensee's immunity to prosecution or suit—Certification card as evidence of
good faith.
(4) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection—Failure
to allow, violation.
(5) RCW 66.44.010, Local officers to enforce law—Authority of board—Liquor enforcement
officers.
(6) RCW 66.44.040, Sufficiency of description of offenses in complaints, information, process, etc.
(7) RCW 66.44.050, Description of offense in words of statutes—Proof required.
(8) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(9) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
(10) RCW 66.44.080, Service of process on corporation.
(11) RCW 66.44.090, Acting without license.
(12) RCW 66.44.100, Opening or consuming liquor in public—Penalty.
(13) RCW 66.44.120, Unlawful use of seal.
(14) RCW 66.44.130, Sale of liquor by drink or bottle.
(15) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or
seal—Unlawful operation, possession of still or mash.
(16) RCW 66.44.150, Buying liquor illegally.
(17) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(18) RCW 66.44.170, Illegal possession of liquor with intent to sell—Prima facie evidence, what is.
(19) RCW 66.44.175, Violations of law.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 32 of 37
(20) RCW 66.44.180, General penalties—Jurisdiction for violation.
(21) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(22) RCW 66.44.210, Obtaining liquor for ineligible person.
(23) RCW 66.44.240, Drinking in public conveyance—Penalty against carrier—Exception.
(24) RCW 66.44.250, Drinking in public conveyance—Penalty against individual—Restricted
application.
(25) RCW 66.44.280, Minor applying for permit.
(26) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
(27) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(28) RCW 66.44.310, Minor frequenting off-limits area—Misrepresentation of
age—Penalty—Classification of licenses.
(29) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(30) RCW 66.44.328, Preparation or acquisition and supply to persons under age twenty-one of
facsimile or official identification card—Penalty.
(31) RCW 66.44.340, Employees eighteen years and over allowed to sell and handle beer and wine
for Class E and/or Class F employers.
(32) RCW 66.44.350, Employees eighteen years and over allowed to serve and carry liquor, clean
up, etc., for Class A, C, D and/or H licensed employers.
(33) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
(34) RCW 66.44.270, Furnishing liquor to minors — Possession, use — Penalties — Exhibition of
effects — Exceptions
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 14, 3-18-2010)
9.44.020 - Furnishing liquor to persons underage; possession; use.
(a) It is unlawful for any minor under the age of 21 years to acquire or have possession or consume any
liquor.
(b) It is unlawful for any person to sell, give or otherwise supply liquor to any minor. It is unlawful for any
person to permit any minor to consume liquor on his or her premises.
(c) This section will not apply when liquor is given or permitted to be given to a person under the age of
twenty-one years by his or her parent or guardian and consumed in the presence of the parent or
guardians. This subsection will not authorize consumption or possession of liquor by a person under the
Comment [kmb3]: Adoption of state statute
here allows us to repeal 9.44.020
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 33 of 37
age of twenty-one years on any premises licensed under RCW Ch. 66.24.
(d) This section does not apply to liquor given for medicinal purposes to a person under the age of
twenty-one years by a parent, guardian, physician or dentist.
(e) This section does not apply to liquor given to a person under the age of twenty-one years when such
liquor is being used in connection with religious services and the amount consumed is the minimal
amount necessary for the religious service.
(f) Violation of this section is a misdemeanor.
(Ord. 1289 §2, 2002).
Chapter 9.48 - CRIMES RELATING TO FIREARMS AND DANGEROUS
WEAPONS
Sections:
9.48.010 - Firearms and dangerous weapons: prohibitions.
9.48.020 - Unlawful use of air guns, penalty.
9.48.030 - Weapons prohibited on liquor sale premises.
9.48.040 - Reserved.
9.48.050 - Discharge of firearms prohibited.
9.48.010 - Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.41.010, Terms defined.
(2) RCW 9.41.050, Carrying firearms.
(3) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(4) RCW 9.41.080, Delivery to ineligible persons.
(5) RCW 9.41.098, Forfeiture of firearms—Disposition—Confiscation.
(6) RCW 9.41.100, Dealer licensing and registration required.
(7) RCW 9.41.140, Alteration of identifying marks—Exceptions.
(8) RCW 9.41.170, Alien's license to carry firearms—Exception.
(9) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(10) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 34 of 37
(11) RCW 9.41.250, Dangerous weapons—Penalty.
(12) RCW 9.41.260, Dangerous exhibitions.
(13) RCW 9.41.270, Weapons apparently capable of producing bodily harm—Unlawful carrying or
handling—Penalty—Exceptions.
(14) RCW 9.41.280, Carrying dangerous weapons on school facilities—Penalty—Exceptions.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 15, 3-18-2010)
9.48.020 - Unlawful use of air guns, penalty.
(a) It is unlawful for any person to point or shoot an air gun at any person or property of another, or to
aim or discharge such weapon in the direction of the person or residence of another, while within such
range as to cause or inflict injury to the person or damage the property of another.
(b) As used in this section, "air gun" means and includes the following; air gun, air pistol, air rifle, BB gun
and toy or other guns of any kind or nature when so designed, contrived, modified and used to propel, by
compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other
hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict
injury upon persons or animals.
(c) Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and,
in addition to any other punishment imposed by the court, the court will direct that the weapon so used in
violation of the these provisions be confiscated and disposed of in accordance with statutes or
ordinances governing the disposal of confiscated or found weapons.
(Ord. 1289 §2, 2002).
9.48.030 - Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises classified by the state liquor board as off-limits to
persons under twenty-one years of age to:
(1) Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit
to carry such firearm or not, and whether such firearm is concealed or not; or
(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length
of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument
is concealed or not; or
(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star,
bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination
thereof including a device known as nunchuk sticks, or any like device having the same or similar
components or parts, whether or not connected by a rope, chain or other device, or any explosive or
any poison or injurious gas, or any other instrument or weapon apparently capable of producing
bodily harm, whether such instrument or weapon is concealed or not.
The provisions of Subsection (1) of this section will not apply to or affect the following:
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 35 of 37
(1) Any lawful act committed by a person while in his or her fixed place of business; or
(2) Any person who by virtue of his or her office or public employment is vested by law with a duty
to preserve public safety, maintain public order, or to make arrests for offenses, whether during
regular duty hours or not; or
(3) Any person making or assisting in making a lawful arrest for the commission of a felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the court and
disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found
property.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 16, 3-18-2010)
9.48.040 - Reserved.
Editor's note— Ord. No. 2010-006, § 17, adopted Mar. 18, 2010, repealed § 9.48.040, which pertained to firearms
prohibited in certain places; exceptions; penalty and derived from Ord. 1298, § 2, 2002.
9.48.050 - Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm within the city.
(b) The provisions of this section do not apply to:
(1) Law enforcement personnel; or
(2) Security or military personnel while engaged in official duties;
(3) A person utilizing a properly licensed instructional, membership and/or commercial shooting
range.
(c) Any person violating this section is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
Chapter 9.52 - MISCELLANEOUS CRIMES
Sections:
9.52.010 - Conduct prohibited.
9.52.020 - Littering and pollution.
9.52.030 - Reserved.
9.52.040 - Reserved.
9.52.050 - Throwing objects at moving vehicles.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 36 of 37
9.52.010 - Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.91.010, Denial of civil rights—Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Meal buyers—Records of purchases—Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 16.52.011, Definitions—Principles of liability.
(10) RCW 16.52.080, Transporting or confining in unsafe manner—Penalty.
(11) RCW 16.52.085, Removal of animals for feeding—Examination—Notice—Euthanasia.
(12) RCW 16.52.095, Cutting ears—Misdemeanor.
(13) RCW 16.52.100, Confinement without food and water—Intervention by others.
(14) RCW 16.52.110, Old or diseased animals at large.
(15) RCW 16.52.117, Animal fighting—Owners, trainers, spectators—Exceptions.
(16) RCW 16.52.165, Punishment—Conviction of misdemeanor.
(17) RCW 16.52.180, Limitations on application of chapter.
(18) RCW 16.52.185, Exclusions from chapter.
(19) RCW 16.52.190, Poisoning animals.
(20) RCW 16.52.193, Poisoning animals—Strychnine sales—Records—Report on suspected
purchases.
(21) RCW 16.52.195, Poisoning animals—Penalty.
(22) RCW 16.52.200, Sentences—Forfeiture of animals—Liability for costs—Civil
penalty—Education, counseling.
(23) RCW 16.52.207, Animal cruelty in the second degree.
(24) RCW 9.46.196, Cheating—Defined.
Title 9 - PEACE, MORALS AND SAFETY
Chapter 9.52 - MISCELLANEOUS CRIMES
Arlington, Washington, Code of Ordinances
Page 37 of 37
(25) RCW 9.46.1962, Cheating in the second degree.
(26) RCW 9.61.260, Cyberstalking
(Ord. 1383 §4, 2005: Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 18, 3-18-2010)
9.52.020 - Littering and pollution.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 70.93.060, Littering prohibited—Penalties—Litter cleanup restitution payment.
(2) RCW 70.54.010, Polluting water supply—Penalty.
(Ord. 1289 §2, 2002).
9.52.030 - Reserved.
Editor's note— Ord. No. 2010-006, § 19, adopted Mar. 18, 2010, repealed § 9.52.030, which pertained to injury to
animals and derived from Ord. 1298, § 2, 2002.
9.52.040 - Reserved.
Editor's note— Ord. No. 2010-006, § 20, adopted Mar. 18, 2010, repealed § 9.52.040, which pertained to wounding or
tapping of animals and derived from Ord. 1298, § 2, 2002.
9.52.050 - Throwing objects at moving vehicles.
Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or
substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or
streets is guilty of a misdemeanor.
(Ord. 1289 § 2, 2002).
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT:
Addition of new chapter to AMC Title 2 to
form a local Board of Volunteer Firefighters
and Reserve Officers
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 2.xxx
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: City Attorney has completed his review.
DESCRIPTION:
City Council is requested to adopt a new section to AMC Title 2 forming a local Board for
Volunteer Firefighters and Reserve Officers. The State Board for Volunteer Firefighters and
Reserve Officers administers the Volunteer Firefighters’ and Reserve Officers’ Relief and
Pension Act (RCW 41.24). The State Board is requiring the City to form a board and initially
process claims prior to their review, approval, and payment of claims.
HISTORY:
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
DRAFT CHAPTER 2.106 AMC 1 6/8/2011
Chapter 2.106
VOLUNTEER FIREFIGHTERS’ AND RESERVE POLICE
OFFICERS’RELIEF AND COMPENSATION FUND
Sections:
2.106.010 Conformance with statute.
2.106.020 Membership limited.
2.106.030 Board of Trustees – Establishment – Composition.
2.106.040 Board of Trustees – Powers and duties.
2.106.050 Participation in program.
2.106.060 Finance Director’s duties.
2.106.010 Conformance with statute.
The City of Arlington elects to participate in the volunteer firefighters’ and reserve police
officers’ relief and pension system in conformity with the provisions of Chapter 41.24 RCW.
2.106.020 Membership limited.
Membership in the Volunteer Firefighters’ and Reserve Police Officers’ Relief and Pension Fund
is limited to the following:
A. Volunteer Fire Department. The membership of the regularly organized Volunteer Fire
Department of the City is limited to 20 firefighters for each 1,000 population of the City.
Duly enrolled members of the Volunteer Fire Department of the City are eligible for
participation in the Volunteer Firefighters’ and Reserve Police Officers’ Relief and
Pension Fund.
B. Reserve Police Officer. Duly enrolled members of the police reserve unit as defined and
set forth in Chapter 2.32 AMC are eligible for participation in the Volunteer Firefighters’
and Reserve Police Officers’ Relief and Pension Fund.
2.106.030 Board of Trustees – Establishment – Composition.
There is created a unified Board of Trustees to administer claims and benefits under this chapter
for the benefit of volunteer firefighters and police reserve officers, to be known as the Arlington
DRAFT CHAPTER 2.106 AMC 2 6/8/2011
Board of Trustees of the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Fund.
Such Board shall consist of:
A. Mayor.
B. CityClerk.
C. One Councilmember chosen by the City Council.
D. Chief of the Fire Department.
E. Chief of the Police Department.
F. One member of the Volunteer Fire Department selected by the members of the Volunteer
Fire Department for an annual term of one year.
G. One member of the police reserves who is selected by the members of the reserve police
unit for an annual term of one year.
The Mayor, or his designee, shall be chair of the Board of Trustees, and the City Clerk shall be
the Secretary-Treasurer of the Board of Trustees.
2.106.040 Board of Trustees – Powers and duties.
The Board of Trustees shall have all of the powers and duties conferred and imposed pursuant to
Chapter 41.24 RCW, as now existing or hereafter amended, which statute is by reference
incorporated in and made a part of this chapter.
2.106.050 Participation in program.
Any member of the Volunteer Fire Department, and any member of the police reserve unit, is
permitted to enroll under the pension provisions of this chapter, otherwise known as the
Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Fund, for the purpose of
enabling any such member so electing to avail himself of the retirement provisions of Chapter
41.24 RCW. The City of Arlington shall pay the entire annual fee for each participating member
in the retirement provisions of Chapter 41.24 RCW, plus the annual premium for disability
coverage for each participating member, all as set forth in Chapter 41.24 RCW.
2.106.060 Finance Director’s duties.
The Finance Director will pay the City’s portion of the annual retirement premium for each
member electing to participate in the pension plan provided by Chapter 41.24 RCW, and submit
a list of all participating members, and the birth date of each, to the State Board for Volunteer
Firefighters and Reserve Officers, together with the total annual pension premium and the
additional $10.00 disability fee for each member reported.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
June 13, 2011
SUBJECT:
Addition of new chapter to AMC Title 2 to
declare the development and maintenance of
an index of all city records as unduly
burdensome
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 2.xxx
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: City Attorney has completed his review.
DESCRIPTION:
RCW 42.56.070 requires local agencies to maintain and make available for public inspection and
copying a current index providing identifying information as to the following records issued,
adopted, or promulgated after January 1, 1973, unless the local agency determines that this
would be unduly burdensome to the agency. The City’s insurance authority, WCIA, is
recommending that the City adopt a formal chapter in our municipal code that states that the
City finds this directive unduly burdensome.
HISTORY:
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Arlington Municipal Code
Chapter 2.xxx
ORDER FINDING UNDULY BURDENSOME TO MAINTAIN INDEX OF ALL RECORDS
2.xxx.010 Findings
2.xxx.020 Order Regarding Public Records Index
2.xxx.010 Findings
A The Revised Code of Washington (RCW) requires all cities and public agencies to
maintain and make available a current index of all public records.
B. The RCW also states that if maintaining such an index would be unduly burdensome, or
interfere with agency operation, a city must issue and publish a formal order specifying the
reasons why and the extent to which compliance would be unduly burdensome.
C. When such an order is made, all indexes maintained by that city must be made available
to provide identifying information on those records which are available for inspection and/or
copying.
D. The City of Arlington is comprised of seven (7) departments, their divisions and
subdivisions, which maintain separate databases and/or record-keeping systems for the
indexing of records and information.
E. Because the City has records which are diverse, complex and stored in multiple
locations and in multiple computer systems and databases, it is unduly burdensome, if not
physically impossible, to maintain a central index of records.
F. The City will fully comply with the provisions of the RCW as they relate to the Public
Disclosure Act, under RCW Chapter 42.56.
2.xxx.020 Order Regarding Public Records Index
Based upon the findings set forth in AMC 2.xxx.010 and pursuant to RCW 42.56.070(4)(a), the
City Council orders the following:
1. The City of Arlington is not required to maintain an all-inclusive index of public records,
due to findings of the City Council that the requirement is unduly burdensome and such a list is
nearly impossible to create and/or maintain.
2. The City of Arlington shall make available all public records and any indexes created for
internal use upon request by any citizen. Said indexes shall be maintained and released in order
to obtain those records which are public and not protected by the exemption portions of the
public records act.