HomeMy WebLinkAbout10-24-2011_Council Workshop Packet
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN
1. (15 min) Presentation to Council Regarding Utility Billing Issue ATTACHMENT A
2. (15 min) Shoreline Management Plan ATTACHMENT B
3. (15 min) FEMA Flood Plain Regulations ATTACHMENT C
4. (10 min) Arlington Advanced Manufacturing Park ATTACHMENT D
(aka Former Bayliner Site) – Binding Site Plan Dedications
and Easements
5. (10 min) Ordinance - Comcast franchise amendments ATTACHMENT E
6. (1 hour) 2012 Budget Workshop - Review Property Tax, Utility Tax, ATTACHMENT F
& TBD Formation Ordinances
7. Miscellaneous Council items
ADJOURNMENT
Arlington City Council Workshop
October 24, 2011 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
October 24, 2011
SUBJECT: Utility Billing Correction DEPARTMENT OF ORIGIN:
Public Works – Utilities
ATTACHMENTS:
• None
EXPENDITURES REQUESTED: $ 0.00
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Staff has found water and sewer accounts that have been billed incorrectly and will
be crediting and/or back charging accounts appropriately.
HISTORY: While reviewing utility accounts, staff noticed the following utility billing discrepancies:
1. Past utility account creation practices allowed 48 sewer accounts to not be registered on the utility
account and were not billed. Staff will recover costs up to 12 months in arrears per policy, total amount
to be recovered is $57,569.69
2. During the installation of the City’s new utility billing software, 162 utility accounts were overcharged
during the last four months of 2010. Staff will issue a credit to these accounts on November billing
cycle, total credit to be issued is $42,815.48.
Summary:
Amount to be recovered (48 accts) $ 57,569.69
Amount to be credited (162 accts) ($ 42,815.48)
Net $ 14,754.21
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
• Informational only, no action is needed by Council.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL MEETING DATE:
October 24, 2011
SUBJECT:
Shoreline Master Plan Policy Questions
DEPARTMENT OF ORIGIN:
Community Development – Bill Blake
ATTACHMENTS:
1. List of Policy Questions
2. Shoreline Master Plan September 2011
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Will send to City Attorney after this
workshop.
DESCRIPTION: The attachments include a list of the Policy questions and responses to changes
requested by Department of Ecology. I will have a PowerPoint presentation to lead a discussion
on the questions
HISTORY: The City was on schedule with submitting a draft Master Plan to Ecology on
January 31, 2011. The Department of Ecology completed their review and submitted the
comments to the City on July 28, 2011. Staff has discussed the comments with Ecology and
developed this updated draft and list of policy discussion items. We submitted the SMP to
Dept. of Commerce on Sept. 16 for their required 60-day GMA review period. Once we have a
final version we will share with Ecology and begin our Public Hearing process for approval.
Once approved by Council 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. Ask for Public Hearing in November
SMP Policy Questions based on responses to DOE Bill Blake September 7, 2011
Shoreline Master Program – Comments from project Manager Barry Wenger
1. Table 3.1, Page 25 – Propose a 30’ buffer setback in Historic District
2. 4.5.2. Q.2: page 48 - Propose to remove the following: Other Developments. Where an
existing and legally established development occupying more than 80 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
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; and
C. is effectively and functionally disconnected from the upland portion of
the buffer.
3. 4.5.2.Q.3: page 49 - Buffer reduction by averaging reduced from 50% to 25% based on
Best Available Science (BAS). Difficult and lengthy process to challenge BAS.
4. 5.22.2 Ecology asked to remove section 4.Page 98 – Set back from the OHWM can be
reduced if disproportionate costs >20% result. “Set- back from the OHWM to the
maximum feasible…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.” This provision is not consistent
with protecting ecological function. What is the scientific basis for determining that
buffer requirements should be waived when adding more than 20% to the total project
We don’t have BAS to base the 20% on.
5. 6.2.1. d: Page 102 - alterations or repairs not to exceed 50% of cost, rather than the 80%
we had in the draft. 50% is standard with FEMA language.
6. 6.2.7: Page 103 – Need to ask City Attorney
7. Section 7. 1,3,4 need to be moved to the land use code. Will have Todd look at.
Comment [MD1]: DISCUSS WITH BB - MAY
NOT NEED.
Comment [BWEN4612]: BASIS?
Comment [b3]: I think ok to remove if we reduce
the buffer in old town. There aren’t any real existing
established developments in other areas.
Response to Paul Anderson Comments (Wetland Specialist)
1. 4.5.2.C: Mitigation required, p. 43: When required, mitigation plans shall be prepared…”
(would be helpful to clarify when mitigation plans are required). “…including a five-year
monitoring plan”. We recommend revising to state “monitoring will be required for a
minimum of five years for herbaceous plantings and 10 years for shrubs and trees”.
Mitigation plans shall describe actions that will ensure no net loss of ecological functions,
including measurable performance standards. to the maximum extent practicable at the site
scale. We added the language, but wanted to discuss.
2. 4.5.2.Q.3: page 49 :Removed buffer width reduction, but buffer averaging reduced down
from 50% to 25%. Same comment as Barry.
3. 5.9.2.A: Siting and design, p. 66: New development shall be sited and designed to avoid or,
if that is not possible, to minimize the need for new and maintenance dredging.
4. 5.20.2. E.11: General Design Standards, p. 87a: 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.” We
recommend revising this section to state that the proposed shoreline restoration project
must be consistent with the provisions of RCW 90.58.580, specifically sub-section (1)(b)(iv):
Where a shoreline restoration project is created as mitigation to obtain a development
permit, the project proponent required to perform the mitigation is not eligible for relief
under this section; here is modified language; 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. Where a shoreline restoration project is created as mitigation to obtain a
development permit, the project proponent required to perform the mitigation is only
eligible for relief under this section if the project is implementing as described a project
identified in a local watershed recovery plan. Relief under this section would not be
granted for mitigation required as a result of a violation. Added the recommendation but
modified to allow those actions that are implementing a project found in a local watershed
recovery plan, but not allowed as mitigation for a violation.
Comment [BWEN4614]: check
Comment [DN5]: Mark – check to see if this is
true
Comment [b6]: I think this would be a good
incentive for a landowner to help improve ecological
functions, and doesn’t relieve them from the other
land use regulations regarding lot coverage.
Paul Anderson Comments on Critical Areas Appendix B
1. SMP.320 Buffer Width Averaging: “In no instance shall the buffer width be
reduced by more than 25% of the standard buffer unless specifically
identified in other sections of the SMP.” Wetland science does not support
reducing buffers by more than 25%. Changed, but ask PC and Council
2. SMP.320.a. Reduction in Buffer Widths through an HPP: While we support
the concept of an individual Habitat Protection Plan (HPP) the current SMP
section does not adequately describe the HPP process relative to resource
protection. Does the City currently have resource specialists on staff that is
qualified to review and oversee the plans? How much would a landowner be
able to reduce the standard buffer with an HPP? More detail on the
minimum standards for an HPP need to be provided in this section,
including enforceable standards on the amount of buffer reduction, allowed
uses and activities that would qualify for the HPP. Reduction language
removed, but ask PC and Council
3. SMP.720 Allowed Activities (b): Allowing bridges and other crossings for
public and private rights-of-way within streams, creeks, rivers, lakes and
other surface waters may not be consistent with resource protection and no
net-loss of ecological function. We recommend significantly revising this
section. I added some language in reference to “no other feasible means of
access”, but don’t think we can completely disallow or it may be a taking or
WSDOT may want to build a road.
4. SMP.820 Allowed Activities(c) (2): Allowing stormwater management
facilities in the buffers of Cat. III and IV wetlands is not consistent with
protecting ecological function or the current stormwater manual. Stormwater
management activities should be allowed only if they do not alter the hydro
period of the wetland or adversely affect water quality. Category I and II
wetlands should never be used for regional detention, and Category III and
IV should be used only under certain conditions. At a minimum, stormwater
facilities should be limited to dispersion outfalls and bio-swales and should
be allowed in the outer 25% of the buffer of Category III or IV wetlands only.
We recommend revising this section to include the standards in the Small
Cities Guidance, p. A-11. I suggest keeping the 50-foot management zone,
and ability to do stormwater in a type II wetland if the buffer is already in a
developed state. It would result in greater function as a vegetated
stormwater wetland than pasture, buildings or pavement.
5. Table SMP-5 Wetland Replacement Ratios: Replacement Ratios listed in
Table SMP-5 are not consistent with best available science and may not
adequately replace lost wetland functions. For consistency with state and
federal permitting standards, and to ensure adequate resource protection, we
recommend replacing Table SMP-5 with the ratios in Mitigation Guidance
Table 1a. Change made.
Proposed buffers different format, but end up being the same as earlier draft.
Table SMP 4 – Wetland Buffer Requirements for Western Washington
Wetland Category Standard
Buffer
Width
Additional
buffer width if
wetland scores
21 – 25 habitat
points
Additional
buffer width if
wetland scores
26 – 29 habitat
points
Additional
buffer width if
wetland scores
30 – 36 habitat
points
Category I: based on total
score
75 ft Add 30 ft Add 90 ft Add 150 ft
Category I: Bogs 190 ft NA NA Add 35 ft
Category I: Natural
Heritage Wetlands
190 ft NA NA Add 35 ft
Category I: Forested 75 ft Add 30 ft Add 90 ft Add 150 ft
Category II: Based on Score 75 ft Add 30 ft Add 90 ft Add 150 ft
Category III: (all) 60 ft Add 45 ft Add 105 ft NA
Category IV: (all) 40 ft NA NA NA
Proposed mitigation ratios added enhancement and preservation.
Table SMP - 6
Category and Creation or Re-Rehabilitation Enhancement Preservation
Type of Wetland establishment
Category I: Bog,
Natural Heritage
site
Not considered
possible
6:1 Case by case 10:1
Category I:
Mature Forested
6:1 12:1 24:1 24:1
Category I:
Based on
functions
4:1 8:1 16:1 20:1
Category II 3:1 6:1 12:1 20:1
Category III 2:1 4:1 8:1 15:1
Category IV 1.5:1 3:1 6:1 10:1
September 2011
C I T Y O F A R L I N G T O N
Shoreline Master Program
S E P T E M B E R 2 0 1 0
DRAFT
D RAFT C ITY OF A RLINGTON
G RANT N O .G1000035
C ITY OF A RLINGTON
S H O R E L I N E M A S T E R P R O G R A M
Prepared for:
Prepared by:
and
September 2011
The Watershed Company
Reference Number:
090105
The Watershed Company Contact Persons:
Dan Nickel
Mark Daniel
This report was funded in part
through a grant from the
Washington Department of
Ecology.
City of Arlington
238 North Olympic Avenue
Arlington, WA 98223
City of Arlington
238 North Olympic Avenue
Arlin ton, WA 98223
TABLE OF CONTENTS
Page #
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 (HSBD) ....................................................... 18
3.2.3 Urban Conservancy-Low Intensity (UC-LI) .......................................................... 19
3.2.4 Urban Conservancy-Open Space (UC-OS) ......................................................... 20
3.2.4 Natural ................................................................................................................. 21
3.2.5 Use Matrix and Development Standards ............................................................. 22
3.2.6 Official Shoreline Map and Unmapped or Undesignated Shorelines .................. 28
3.2.7 Interpretation of Environment Designation Boundaries ....................................... 29
3.3 Shoreline Use Preferences ........................................................................... 29
3.4 Shorelines of Statewide Significance ......................................................... 31
3.4.1 Designation Criteria ............................................................................................. 31
3.4.2 Use Preferences .................................................................................................. 31
3.4.3 Policies ................................................................................................................ 31
4 General Policies and Regulations .............................................. 34
4.1 Archaeological and Historic Resources ..................................................... 34
4.1.1 Policies ................................................................................................................ 34
4.1.2 Regulations ......................................................................................................... 34
4.2 Ecological Protection and Critical Areas .................................................... 35
4.2.1 Policies (based on WAC 173-26-201(2)(c) and 173-26-221(2)) .......................... 35
4.2.2 Regulations (based on WAC 173-26-201(2)(c and e) and 173-26-221(2)) ......... 36
4.3 Flood Hazard Reduction ............................................................................... 38
4.3.1 Policies. ............................................................................................................... 38
4.3.2 Regulations ......................................................................................................... 39
4.4 Public Access ................................................................................................ 42
4.5 Vegetation Conservation and Shoreline Buffers ........................................ 45
4.5.1 Policies ................................................................................................................ 45
4.5.2 Regulations (based on extensive “Principles” (WAC 173-26-221(5)(b)) and
“Standards” (WAC 173-26-221(5)(c))) ............................................................................ 46
4.6 Water Quality, Stormwater and Nonpoint Pollution ................................... 52
4.6.1 Policies ................................................................................................................ 52
4.6.2 Regulations ......................................................................................................... 53
5 Shoreline Modifications and Uses ............................................. 55
5.1 General Upland Shoreline Modification and Use Regulations .................. 55
5.1.1 Policies ................................................................................................................ 55
5.1.2 Regulations ......................................................................................................... 56
5.2 General Aquatic Shoreline Modification and Use Regulations ................. 57
5.2.1 Policies ................................................................................................................ 57
5.2.2 Regulations ......................................................................................................... 58
5.3 Agriculture ..................................................................................................... 60
5.4 Aquaculture ................................................................................................... 60
5.5 Boating Facilities .......................................................................................... 60
5.5.1 Policies ................................................................................................................ 60
5.5.2 Regulations ......................................................................................................... 61
5.6 Breakwaters, Jetties, Groins, Weirs ........................................................... 65
5.7 Clearing and Grading in Shoreline Areas ................................................... 65
5.7.1 Policies ................................................................................................................ 65
5.7.2 Regulations ......................................................................................................... 65
5.8 Commercial Development ............................................................................ 67
5.8.1 Policies ................................................................................................................ 67
5.8.2 Regulations ......................................................................................................... 67
5.9 Dredging and Dredge Material Disposal ..................................................... 68
5.9.1 Policies (based on WAC 173-26-231(2) and (3)(f)) ............................................. 68
5.9.2 Regulations (based on WAC 173-26-231(2) and (3)(f)) ...................................... 69
5.10 Fill in Shoreline Areas .................................................................................. 73
5.10.1 Policies (based on WAC 173-26-231(2) and (3)(c)) ............................................ 73
5.10.2 Regulations (based on WAC 173-26-231(2) and (3)(c)) ...................................... 74
5.11 Forest Practices ............................................................................................ 75
5.12 Industry .......................................................................................................... 75
5.12.1 Policies ................................................................................................................ 75
5.12.2 Regulations ......................................................................................................... 75
5.13 Institutional .................................................................................................... 76
5.13.1 Policies ................................................................................................................ 76
5.13.2 Regulations ......................................................................................................... 76
5.14 In-Water Structures ....................................................................................... 77
5.14.1 Policies ................................................................................................................ 77
5.14.2 Regulations ......................................................................................................... 78
5.15 Mining ............................................................................................................ 79
5.16 Moorage Facilities ......................................................................................... 79
5.17 Recreational Development ........................................................................... 79
5.17.1 Policies ................................................................................................................ 79
5.17.2 Regulations ......................................................................................................... 79
5.18 Residential Development ............................................................................. 80
5.18.1 Policies ................................................................................................................ 80
5.18.2 Regulations ......................................................................................................... 81
5.19 Shoreline Habitat and Natural Systems Enhancement Projects ............... 82
5.19.1 Policies (based on WAC 173-26-231(3)(g)) ........................................................ 82
5.19.2 Regulations (based on WAC 173-26-231(3)(g)) .................................................. 83
5.20 Shoreline Stabilization.................................................................................. 83
5.20.1 Policies ................................................................................................................ 84
5.20.2 Regulations ......................................................................................................... 85
5.21 Signage .......................................................................................................... 96
5.21.1 Policies ................................................................................................................ 96
5.21.2 Regulations ......................................................................................................... 96
5.22 Transportation and Parking ......................................................................... 98
5.22.1 Policies ................................................................................................................ 98
5.22.2 Regulations ......................................................................................................... 99
5.23 Utilities ......................................................................................................... 100
5.23.1 Policies .............................................................................................................. 100
5.23.2 Regulations ....................................................................................................... 100
6 Nonconforming Uses and Development Standards ................. 102
6.1 Nonconforming Structures, Uses, Lots: Policies ..................................... 102
6.2 Nonconforming Structures, Uses, Lots: Standards ................................. 102
6.2.1 Nonconforming Uses, Lots, and Structures: General Provisions ...................... 102
6.2.2 Nonconforming Lots of Record .......................................................................... 103
6.2.3 Discontinuance of Nonconforming Use ............................................................. 103
6.2.4 Destruction and Restoration .............................................................................. 103
6.2.5 Maintenance ...................................................................................................... 103
6.2.6 Expansion .......................................................................................................... 103
7 Shoreline Permits, Procedures and Administration .................. 105
7.1 Interpretation ............................................................................................... 105
7.2 Shoreline Substantial Development Permits (WAC 173-27-150) ............. 105
7.2.1 Permit Required ................................................................................................ 105
7.2.2 Permit Review Criteria ....................................................................................... 105
7.2.3 Conditions of Approval ...................................................................................... 105
7.3 Exemptions from Shoreline Substantial Development Permit Process . 105
7.3.1 Compliance with Applicable Regulations Required ........................................... 106
7.3.2 Interpretation of Exemptions ............................................................................. 106
7.3.3 Exemptions ........................................................................................................ 106
7.3.4 Letters of Exemption – Required ....................................................................... 107
7.4 Shoreline Conditional Use Permits (WAC 173-27-160) ............................ 107
7.4.1 Determinations of Conditional Use Permits ....................................................... 107
7.4.2 Review Criteria .................................................................................................. 107
7.4.3 Conditions of Approval ...................................................................................... 109
7.5 Shoreline Variance Permits (WAC 173-27-170) ........................................ 109
7.5.1 Purpose ............................................................................................................. 109
7.5.2 Review Criteria .................................................................................................. 109
7.5.3 Conditions of Approval ...................................................................................... 111
7.6 Permit Conditions ....................................................................................... 111
7.7 Duration/Time Requirements of Permits (WAC 173-27-090) ................... 111
7.8 Initiation of Development (WAC 173-27-190) ............................................ 112
7.9 Review Process ........................................................................................... 113
7.10 Appeals ........................................................................................................ 113
7.10.1 Appeals of Shoreline Administrator Determinations and Decisions .................. 113
7.10.2 Appeals to Shorelines Hearings Board.............................................................. 114
7.11 Revisions to Permits (WAC 173-27-100) ................................................... 114
7.11.1 Revision – When Required ................................................................................ 114
7.11.2 Determination of Scope and Intent .................................................................... 114
7.11.3 Timing of Revision Authorization ....................................................................... 115
7.11.4 Filing of Revision ............................................................................................... 115
7.11.5 Effective Date of Revised Permit ....................................................................... 115
7.11.6 Appeal of Revised Permit .................................................................................. 116
7.12 Enforcement ................................................................................................. 116
8 Definitions .................................................................................. 117
Appendix A: Environment Designation Maps
Appendix B: Shoreline Environmentally Critical Areas
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. ................................................................. 25
Table 3-2 Shoreline Development Standards Matrix. ............................................................ 27
1
E XECUTIVE S UMMARY
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, 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 (City) was approved in 1974 and has not had
a major update in over 10 years. This 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 also become part of
Arlington’s Comprehensive Plan.
This SMP includes five shoreline categories or “environment designations”:
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)
Natural (certain isolated wetland areas)
Aquatic (areas waterward of the ordinary high water mark)
Intensity of use, type of activity, and importance of the activity to our community are
regulated through specific definitions within the five environment designations. The
chart of approved uses for each of the four environment designations (Table 3.1) is a
common‐sense approach to what kind of activity we want to allow and where and how
that activity can occur. For commercial activity, the plan further establishes a scale to
2
evaluate the importance of a given activity to our community: water‐dependent, water‐
related, and water‐enjoyment.
The Washington State 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. 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” by causing
additional harm or making conditions worse. 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.
This update plan was initially 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 initial SMP was
then tailored to fit Arlington through community involvement. A public open house
and Planning Commission review of the initial SMP occurred in the fall of 2010. A
revised SMP was then provided to Ecology for preliminary review.
After editing to address Ecology comments, this refined draft is presented for further
Planning Commission and City Council review, and for public hearings. After City
approval, the plan will be submitted to Ecology. There is a 60‐day Ecology review
period following that submittal which provides an opportunity for any final changes to
3
occur prior to adoption. This effort was supported by an $80,000.00 grant provided by
Ecology.
4
R EADER’S G UIDE
Washington’s Shoreline Management Act (SMA) 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 SMP has been prepared to meet the requirements of the SMA (Revised Code of
Washington (RCW) 90.58), the implementing state rules codified in the Washington
Administrative Code (WAC) as Chapter 173‐26, State Master Program
Approval/Amendment Procedures and Master Program Guidelines (Guidelines) that
were significantly revised in 2003, and other applicable local, state, and federal laws.
While developed locally, this SMP must meet the SMA 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 SMP are structured as follows:
Chapter 1, Authority and Purpose
Chapter 2, Goals and Objectives
Chapter 3, Shoreline Jurisdiction and Environment Designations
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 SMA (RCW 90.58), the Guidelines (WAC 173‐26), the 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.
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When reading the SMP, it is useful to consider the definitions of the following terms that
are based on definitions in the 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 SMA and SMP, against taking the action.
“May” means the action is acceptable, provided it conforms to the provisions of this
SMP.
In general, this SMP uses the word “should” in goals, objectives, and policies, and
“shall” in the regulations. Additional definitions are located in Chapter 8.
The 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 the long term.
More information about the SMP public review process and opportunities for public
comment and public meetings can be found at:
http://www.arlingtonwa.gov/index.aspx?page=61
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1 A UTHORITY AND P URPOSE
1.1 The Shoreline Management Act
Washington State’s citizens voted to approve the Shoreline Management Act (SMA) of
1971 in November 1972. The adoption of the SMA 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”
(Revised Code of Washington (RCW) 90.58.020). The SMA 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 stateʹs 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
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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 publicʹs 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 stateʹs 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 ʺshorelines of the stateʺ 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 publicʹs use of the water.
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Under the SMA, shoreline master programs (SMPs) 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 SMA and citizen ideas collected through a local shoreline planning
process, the City of Arlington (City) has developed this SMP and will continually
implement and administer 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 the SMA (Chapter 90.58 RCW) 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 SMA in RCW 90.58.050 including planning and administering the regulatory
program consistent with the policy and provisions of the SMA in RCW 90.58.020;
and
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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 stateʹs 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 stateʹs 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 (County) shall administer the SMA 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 SMA. (RCW 90.58.900; WAC 173‐26‐
221(6)(b)(ii))
1.6 Liberal Construction
As provided for in RCW 90.58.900, the SMA is exempted from the rule of strict
construction; the SMA 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)
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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)
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2 G OALS AND O BJECTIVES
Per Washington Administrative Code (WAC) 173‐26‐186(3), all relevant policy goals
must be addressed in the planning policies of a 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
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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 contractual 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)
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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 fish
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and wildlife. (based on City of Arlington Comprehensive Plan,
PL‐19.4)
Goal CONS‐2. Require site‐sensitive development to protect environmental
resources. (City of Arlington Comprehensive Plan, GL‐20)
Objective CONS‐3. Preserve existing native and non‐invasive 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
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private parties in the identification, protection, and management
of cultural resources. (Recommendations by DAHP)
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, and the creation or
expansion of flood hazards. (based on 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)
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3 S HORELINE J URISDICTION AND
E NVIRONMENT D ESIGNATIONS
3.1 Shoreline Jurisdiction
As defined by the SMA, “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 (OHWM) 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 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 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 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 the regulations of this SMP. The other portions of the parcel are still subject
to all City planning and zoning ordinances. City planning shall include concurrency
planning with this SMP.
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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 programʹs 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 a purpose statement, designation criteria, and
management policies .
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 is 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 structureʹs 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.
4. All developments and uses on navigable waters or their beds should be
located and designed to minimize interference with surface navigation, to
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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 (HSBD)
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 is 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.
3. Allow development only in those areas where impacts and hazards caused
by the proposed development can be effectively mitigated and where the
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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 is 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 areaʹs 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.
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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 should be maintained and
implemented in a manner to preserve or improve existing ecological
function.
9. Stormwater management facilities should be located outside shoreline or
critical areas buffers, as feasible.
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 is 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
21
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.
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.
3.2.4 Natural
A. Purpose
The purpose of the Natural environment is to protect certain wetlands associated
with shoreline areas by applying Appendix B, Shoreline Environmentally Critical
Areas. These systems require development restrictions to maintain the ecological
functions and ecosystem‐wide processes.
B. Designation Criteria
A Natural environment designation will be assigned to all wetlands in shoreline
jurisdiction that are not otherwise contiguous with other shorelands, and are
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identified as part of shoreline jurisdiction because of their location in the 100‐year
floodplain.
C. Management Policies
1. Any use or modification that would substantially degrade the ecological
functions or natural character of the designated wetland area should be
prohibited.
2. Scientific, historical, cultural, educational research uses, and low‐intensity
water‐oriented recreational access uses, such as raised boardwalks, may be
allowed provided that no significant adverse ecological impact on the area
will result and that all impacts are fully mitigated.
3. The ecological resources in the Natural environment should be protected
through the provisions in Appendix B of this SMP, Shoreline
Environmentally Critical Areas.
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.
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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 may 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
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established in Section 4.4.2 and Section 12.4.5 shall require a Shoreline Variance or a
Shoreline Conditional Use Permit.
M. In the Natural environment, only those uses and modifications specifically allowed
by the Shoreline Environmentally Critical Areas regulations found in Appendix B
may be permitted with a Shoreline Substantial Development Permit and are thereby
not specifically included in Tables 3‐1 or 3‐2. All other uses or modifications are
prohibited.
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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
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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/E SD/E
Nonwater-oriented X SD/E SD/E SD/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/E SD/E
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/E SD/E SD/E
Roads, railways CU SD/E SD/E SD/E
Utilities, primary CU SD/E SD/E SD/E
Shoreline Modification
Boating Facilities
Boat launch, commercial SD/E SD/E X X
Boat launch, public SD/E SD/E SD/E SD/E
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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
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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
Fill CU 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.
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Table 3-2 Shoreline Development Standards Matrix.
LEGEND
NA = Not applicable
Note: All dimensions are in feet.
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Shoreline Buffer – All Uses NA 30 150 150
Shoreline Environmentally Critical Areas
Buffers NA See Appendix B
Shoreline Lot Frontage Minimum –
Residential NA 60 NA NA
Side Yard Setback Minimum – Residential NA 5 NA NA
1 The 30-foot buffer is measured from the OHWM, floodway boundary, or the top of
slope, whichever is most protective of the shoreline.
N. Height exceeding 35 Feet. Development in the Historic Shoreline Business District
environment designation and the portion of the Urban Conservancy – Low Intensity
environment designation adjacent to Portage Creek 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. 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 (>50%)
of residences. The applicant shall review view impacts to 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
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will obstruct less than 30 percent of the horizontal and vertical view
of the shoreline enjoyed by a substantial number (>50%) of residences
on areas adjoining such shorelines.
3.2.6 Official Shoreline Map and Unmapped or Undesignated Shorelines
A. Appendix A (Environment Designations Maps) includes the Official Shoreline Maps,
which illustrate the delineation of shoreline jurisdiction environment designations in
the City of Arlington.
B. Any associated wetlands that are located within mapped environment designations
other than Natural shall have the same environment designation as their
surroundings.
C. Any areas within shoreline jurisdiction (including associated wetlands that are
contiguous with other shorelands) 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.
D. Areas of shoreline jurisdiction that are continuous with mapped shorelands, but
were neither mapped as jurisdiction nor assigned an environment designation shall
be assigned an Urban Conservancy‐Low Intensity designation until the shoreline can
be redesignated through an SMP amendment. Additional unmapped and
undesignated wetlands that may be identified in the 100‐year floodplain, and are not
otherwise contiguous with mapped and designated shorelands, shall be assigned a
Natural environment designation.
E. 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. A current OHWM determination must be submitted with
a permit application; however, if site conditions change (e.g. flooding or major
storms) during the permit approval process or prior to construction, the OHWM
determination shall be re‐verified. Floodplain and floodway boundaries should be
assessed using the most recently revised FEMA maps. Wetland boundary
delineations shall be valid for five years.
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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, as determined by the City.
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 as determined at the effective date of this SMP. 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.
2. Boundaries indicated as approximately following roads or rail lines shall be
respectively construed to follow the nearest right‐of‐way edge.
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
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aquatic life, while protecting generally public rights of navigation and corollary rights
incidental thereto...
In the implementation of this policy, the publicʹs 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 stateʹs 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….
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 publicʹs 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.
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3.4 Shorelines of Statewide Significance
3.4.1 Designation Criteria
In the City of Arlington, the Stillaguamish River, as well as its shorelands and associated
wetlands, are considered to be “shorelines of statewide significance,” because this
section of the Stillaguamish River is “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 descending order
of preference:
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))
The City shall provide optimum implementation of these policies, which place special
emphasis on statewide objectives and consultation with state agencies, as well as a
greater imperative on understanding and managing ecosystem‐wide processes and
ecological functions that sustain resources of statewide importance. Uses that are not
consistent with the above 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))
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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, citizenʹs advisory
committees, local officials, and state‐wide interest groups.
2. Recognize and take into account state agenciesʹ 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.
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.
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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.
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.
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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
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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 shoreline environmentally 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 Appendix B (Shoreline Environmentally Critical Areas)
of this SMP. Although the regulations contained in Appendix B 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.
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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, descending 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.
B. Applicability. The provisions of this section and Appendix B, Shoreline
Environmentally Critical Areas, 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, Shoreline
Environmentally Critical Areas, 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 and within intact
shoreline buffers, having impacts on ecological functions. Mitigation ratios are
specifically established in Appendix B, Shoreline Environmentally Critical Areas, for
impacts to wetlands and wetland buffers. All other mitigation, including for Fish
and Wildlife Habitat Conservation Areas and their buffers, must be designed to
result in no net loss of ecological functions.. In general, mitigation is required at a
ratio of one unit of mitigation for one unit of impact by area. However, depending
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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. Mitigation plan requirements. In the event that mitigation is required, mitigation
plans shall be prepared by a qualified professional and shall be consistent with the
relevant mitigation 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 actions that will ensure no net loss of ecological
functions, including measurable performance standards. Mitigation measures shall
be maintained over the life of the use and/or development.
F. 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. If there are no previously
identified mitigation opportunities in the impacted sub‐basin identified in local
watershed or comprehensive plans the applicant will use a watershed approach in
selecting mitigation sites utilizing Selecting Wetland Mitigation Sites Using a Watershed
Approach (Western Washington) (Publication #09‐06‐32). 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))
G. Hydrologic connections. Protect hydrologic connections between waterbodies and
associated wetlands.
H. 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.
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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
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 are
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 required 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,
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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
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: shoreline environmentally critical areas regulations (Appendix B of this
SMP), 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))
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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
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 or any expansion includes
appropriate protection of ecological functions and does not increase any
flood hazards.
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.
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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
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 as a conditional use 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. (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))
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4.4 Public Access
A. Applicability. Shoreline public access is the physical ability of the general public to
reach and touch the waterʹs 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.
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 publicʹs access to the water or the rights of navigation.
3. Public access should be provided as close as possible to the waterʹs 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
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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.
9. Commercial and industrial waterfront development should be required 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.
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2. For multi‐family development and subdivisions of land into more than four
parcels, public access shall be provided, however, community access for
residents of that development may be provided as a substitute for full public
access through a conditional use permit on a case‐by‐case basis.
3. Shoreline substantial development (including land division into more than
four lots) or conditional uses shall minimize and mitigate impacts 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.
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
publicʹs 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.
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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.
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. Where new developments and/or uses or
redevelopments are proposed, require management and control of noxious and
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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
shoreline environmentally critical areas 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 (see Section 4.2.2.E).
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,
Shoreline Environmentally Critical Areas; and any other applicable provisions of this
SMP. Note that filling, clearing and grading below the OHWM or within wetlands
requires separate state and federal authorizations.
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, Shoreline Environmentally Critical Areas; 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, Shoreline
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Environmentally Critical Areas; 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.
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
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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, Shoreline Environmentally Critical Areas.
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, Shoreline Environmentally Critical Areas.
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 native plants. Non‐native vegetation removal outside of
shoreline or critical area buffers does not require mitigation, except as noted under
Subsection E above. Aquatic vegetation removal or treatment requires all applicable
permits.
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 the conditions of the land use permit for that development (e.g. Notice on
Title). 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 residential structures
or accessory developments, including, but not limited to, pools, residence additions,
sheds or residential appurtenances such as a decks, driveways, utilities, garages, and
fences 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‐
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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
area buffers established in this SMP. In every case, critical areas and buffer impacts
should be avoided and/or minimized and disturbed areas shall be immediately
restored. Ground‐disturbing activities (filling, clearing, excavation and grading)
below OHWM or within wetlands will require separate state and federal
authorization when applicable.
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, Shoreline Environmentally Critical Areas.
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,
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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 be the minimum necessary width, and placed to not impact wildlife
migration corridors, nesting or feeding area. 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, Shoreline Environmentally Critical Areas.
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; and
c. is effectively and functionally disconnected from the upland portion
of the buffer due to the large size or high activity of the road or
railway.
2. Reductions of up to twenty‐five (25) percent of the standard buffer width
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
significantly 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.
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c. The buffer averaging found in Appendix B will not accommodate the
allowed use.
3. 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
any reduction mechanism. Mitigation plan elements, including monitoring
and maintenance, shall be included in the plan consistent with mitigation
plan requirements outlined in Appendix B. Plan elements may include one
or more of the following options provided to achieve an equal or greater
protection of ecological functions:
a. 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.
b. 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, in a form acceptable to the City and recorded with the
County Auditor.
4. 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 an Interagency Review Team approved 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. 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. If there are no previously identified mitigation
opportunities in the impacted sub‐basin identified in local watershed or
comprehensive plans the applicant will use a watershed approach in
selecting mitigation sites utilizing Selecting Wetland Mitigation Sites Using a
Watershed Approach (Western Washington) (Publication #09‐06‐32).
5. 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.
6. These provisions do not apply to those portions of water‐dependent or public
access development that require improvements or uses adjacent to the
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water’s edge, such as boat fuel stations, haul‐out areas for retail
establishments providing boat and motor repair and service, boat ramps for
boat launches, swimming beaches or other similar activities specifically
identified in Table 3.1. Where space is available, the required native
vegetation shall be planted in the shoreline buffer area that is not being used
for water‐dependent or public access uses.
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 or expanded
development in a manner that avoids the need for chemical treatment for vegetation
management and be consistent with the critical areas provisions of this SMP 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.
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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
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))
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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)
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5 S HORELINE MODIFICATIONS 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.
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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.
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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
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.
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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
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 is
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.
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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.
J. Concrete management. Fresh concrete or concrete by‐products, including waste
water, 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 native 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
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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, Shoreline
Environmentally Critical Areas.
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, except for native
species enhancement projects, which are an authorized use under Section 5.19, Shoreline
Habitat and Natural Systems Enhancement Projects.
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,
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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
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))
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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), wetlands with
sensitive functions for rare or endangered species (bogs), Type I
wetlands, Type II wetlands not historically used from navigation, 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
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
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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.
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.
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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
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, Shoreline Environmentally Critical Areas, 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))
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5.6 Breakwaters, Jetties, Groins, Weirs
Breakwaters, jetties, groins, and weirs are prohibited in shoreline jurisdiction under this
SMP, except as a primary and necessary component of a habitat restoration project.
5.7 Clearing and Grading in Shoreline Areas
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
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 in depth or more, or a fill of two (2) feet in depth
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 Cityʹs
codes pertaining to land clearing and grading. Clearing and grading below the
OHWM or within wetlands requires state and federal authorizations prior to
beginning work, in addition to City requirements.
B. Clearing and grading activities may only be allowed when associated with a written
exemption or permitted shoreline development.
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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,
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
required. Extensive lawns are prohibited within the buffer area due to their limited
erosion control value, limited water retention capacity, and associated chemical and
fertilizer applications.
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I. Clearing and grading within areas classified by Appendix B as environmentally
sensitive areas or their buffers is prohibited unless no other feasible alternative exists
and then only when the proposal complies with this SMP and all other 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.
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
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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 Actʹs objectives, such as providing public access
(including viewing, such as a restaurant with a public 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))
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.
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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 prohibited, except when utilized
as part of an approved restoration project with state and federal approvals, if
required.
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.
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 the need
for new and maintenance dredging.
B. Allowed dredging activities. Dredging shall only be permitted for the activities
listed below. Note that for dredging activities waterward of the OHWM or within
wetlands, in addition to local authorizations, state and federal authorizations must
also be obtained prior to beginning work.
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.
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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). Establishing, expanding, relocating or reconfiguring
navigation channels where necessary to assure safe and efficient
accommodation of existing navigational uses. Dredging for the purpose of
obtaining fill material is prohibited.
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 is prohibited.
6. Minor trenching to allow the installation of necessary underground utilities if
no alternative, including boring, is feasible, and:
a. Impacts to fish and wildlife habitat are avoided to the maximum
extent possible; and
b. The utility installation shall not increase or decrease the natural rate,
extent, or opportunity of channel migration; and
c. Appropriate best management practices are employed to prevent
water quality impacts or other environmental degradation.
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, Shoreline Environmentally
Critical Areas.
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
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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. The applicant obtains the state and federal authorizations necessary for
dredging waterward of the OHWM or within wetlands prior to beginning
work.
2. Shoreline ecological functions and processes will be preserved, restored or
enhanced, including protection of surface and groundwater.
3. 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:
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
and a detailed OHWM determination. The map must also include the
existing bathymetry and have data points at a minimum of 1‐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.
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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;
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 including a
Stormwater Pollution Prevention Plan; 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.
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5.10 Fill in Shoreline Areas
Fill regulations in this section apply to fills in aquatic, wetland, 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 clear and
convincing demonstration of no net loss of shoreline ecological functions and
processes. Enhancement and voluntary restoration of landforms and habitat are
encouraged. Compensatory mitigation for unavoidable critical area and buffer
impacts are required as specified in the Arlington Municipal Code.
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.
F. Fill should not be placed over existing forest duff or native plant herb layer that is
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.
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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.
1. Water‐dependent uses, public access, and cleanup and disposal of
contaminated sediments as part of an interagency environmental clean‐up
plan.
2. Disposal of dredged material considered suitable under, and conducted in
accordance with, the Dredged Material Management Program of the
Department of Natural Resources.
3. Expansion or alteration of transportation facilities of statewide significance
currently located on the shoreline where alternatives to fill are infeasible.
4. 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.
5. Maintenance of lawfully established development.
C. Excavation that occurs either waterward of the OHWM or within wetlands shall be
considered dredging for purposes of this SMP.
D. 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.
E. 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.
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F. 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.
G. 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
Commercial 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.
Purely nonwater‐oriented uses should be prohibited. (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
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 Actʹs
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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, public access, 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.
5.13.2 Regulations
A. Accessory Uses. Accessory uses may be allowed in structures or where necessary, if
located upland of the primary use, 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.
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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, as well as to create navigation or flood
hazards.
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.
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.
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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.
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
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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 (mineral extraction) is prohibited in shoreline jurisdiction under this SMP.
5.16 Moorage Facilities
Moorage facilities used to secure a boat or a vessel, including piers, docks, piles, lift
stations, and buoys are not practical and pose risk to public safety and are thereby
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 and their riparian areas.
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).
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))
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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 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
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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 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 at full build‐out of all lots and throughout
all phases of development.
5. Cluster residential units and structures where necessary and when allowed
by the City to avoid critical areas and their buffers, and to preserve natural
features and minimize physical impacts.
6. Provide for public/community access, and conservation and utility
easements, where required.
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.
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2. Be sufficiently set back from steep slopes and shorelines vulnerable to
erosion so that structural improvements, including bluff walls, retaining
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.. (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,
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.
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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.
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,
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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.
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‐
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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.
L. New development that would require shoreline stabilization which causes or may
cause significant impacts to adjacent or down‐current properties and shoreline areas
should be prohibited.
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
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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)). If applicable,
state and federal authorization is required for excavation or filling waterward of the
OHWM or within wetlands prior to beginning work.
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 shall evaluate on‐site drainage issues and address
drainage problems away from the shoreline edge before considering hard or
soft structural shoreline stabilization. (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/or the loss of vegetation.
b. Nonstructural measures, such as placing the development farther
from the shoreline, reducing the size or scope of the proposal,
planting vegetation, or installing on‐site drainage improvements, are
not feasible or not sufficient to adequately address erosion impacts.
c. The need to protect primary structures from eminent damage due to
erosion within three (3) years is demonstrated through a geotechnical
report. The damage must be caused by natural processes, such as
currents or waves. (WAC 173‐26‐231(3)(a)(iii)(B)(II))
3. In support of water‐dependent development when all of the conditions
below apply:
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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.
(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 of linear length of existing shoreline
stabilization on a waterfront parcel cumulatively over 3 years 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
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
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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, ʺreplacementʺ 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
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)).
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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,
Shoreline Environmentally Critical Areas. Impact minimization techniques
may include compliance with appropriate timing restrictions, use of best
management practices to 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:
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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.
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 be
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.
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
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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. Where a
shoreline restoration project is created as mitigation to obtain a development
permit, the project proponent required to perform the mitigation is only
eligible for relief under this section if the project is implementing as
described a project identified in a local watershed recovery plan. Relief
under this section would not be granted for mitigation required as a result of
a violation.
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,
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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.
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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)), and documentation of the OHWM field
determination.
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.
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(3) Placing of ”log jam” structures in the channel to pull the
erosive force away from the eroding bank.
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, and
documentation of the OHWM field determination.
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.
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e. Design recommendations for minimizing impacts of any necessary
hard structural shoreline stabilization.
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 Ten (10) year maintenance and monitoring plan, consisting
of site visits done in years 1, 2, 5, 7 and 10 by a qualified
professional, with progress reports submitted to the Shoreline
Administrator and all other agencies with jurisdiction
following the site visits ; and
(4) A contingency plan in case of failure.
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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.
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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.
f. Other temporary signs meeting sign code requirements such as “for
sale” or “for lease” signs, or political campaign signs if approved in
writing by the City Shoreline Administrator, provided such signs are
removed when the temporary activity has been completed.
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.
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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.
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.
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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.
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
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))
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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, mitigating for unavoidable
impacts; 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 ʺaccessory
utilitiesʺ 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 shoreline and critical area functions,
including, but not limited to, important habitat functions, the rate of channel
migration, river and wetland hydrology, or shoreline erosion and accretion.
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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))
C. Underwater Utilities. If an underwater location is necessary, the design, installation
and operation shall minimize impacts to the wetland, 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. Horizontal Boring Preferred. Where necessary for utility installation,
horizontal directional drilling (boring) is preferred.
3. 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.
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6 N ONCONFORMING U SES AND
D EVELOPMENT S TANDARDS
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 and are herein referred to as “grandfathered” uses or structures.
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 will be applied on a project‐by‐project
basis but may be addressed through mitigation planning in a shoreline reach wide
manner consistent with the SMP cumulative impacts analysis.
E. The City should consider historic character of the community and 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.
D. For the purpose of Section 6.2, remodeling, alterations, or repairs to a
nonconforming structure means work that does not exceed fifty 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.
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6.2.2 Nonconforming Lots of Record
A. In any shoreline environment designation except Aquatic, any stated permitted use
or structure and accessory use may be erected on a preexisting legal lot of record
which does not meet the minimum lot size or width requirements of the shoreline
environment designation in which it is located through authorization of a shoreline
variance.
6.2.3 Discontinuance of Nonconforming Use
A. If a nonconforming use has been discontinued or vacated for a period of six
consecutive 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
SMP.
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 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.
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
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OWHM or critical area as measured from the existing foundation walls. A shoreline
conditional use shall be required for expansion laterally or upland of the existing
foundation walls into a buffer area or to expand vertically within height limits.
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7 S HORELINE P ERMITS , P ROCEDURES AND
A DMINISTRATION
7.1 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.
7.2 Shoreline Substantial Development Permits (WAC 173-27-
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7.2.1 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.
7.2.2 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. The proposal is consistent with the policies and procedures of the Act (RCW 90.58).
B. The proposal is consistent with the provisions of Chapter 173‐27 WAC, Shoreline
Management Permit and Enforcement Procedures.
C. The proposal is consistent with this SMP.
7.2.3 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.
7.3 Exemptions from Shoreline Substantial Development Permit
Process
(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)
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7.3.1 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.
7.3.2 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, or 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.
7.3.3 Exemptions
Certain developments are exempt from the requirement to obtain a substantial
development permit. Such developments still may require a Shoreline 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.
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7.3.4 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.
7.4 Shoreline Conditional Use Permits (WAC 173-27-160)
7.4.1 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 approval, conditional approval, or
denial 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 and the City
determines 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.
7.4.2 Review Criteria
A. An applicant proposing a conditional use shall demonstrate compliance with all the
review criteria below or as thereafter amended in WAC 173‐27‐160.
1. The proposed use is consistent with the policies of RCW 90.58.020 and this
SMP.
2. The proposed use does not interfere with the normal public use of public
shorelines.
3. The proposed use of the site and design of the project is compatible with
other authorized uses within the area and with uses planned for the area
under the comprehensive plan and this SMP.
4. The proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located.
5. The public interest will suffer no substantial detrimental effect.
B. Applicants proposing to construct structures over 35 feet but under 50 feet in height
within the Historic Shoreline Business District or the portion of the Urban
Conservancy – Low Intensity environment designation adjacent to Portage Creek
shall also comply with the following criteria:
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1. The building or structure does not impact views of a substantial number of
residences (>50%) involved on or in an area adjoining the project area.
2. The applicant has demonstrated through photographs, videos, photo‐based
simulations, or computer‐generated simulations that the proposed
development will obstruct less than 30% of the horizontal and vertical view
of the shoreline enjoyed by a substantial number (>50%) of residences or from
public properties on areas adjoining such shorelines.
3. The applicant has located and oriented structures on the subject property in a
manner that minimizes 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. The applicant has demonstrated extraordinary circumstances.
5. To address “overriding considerations of the public” 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 construct structures over 35 feet but under 50 feet in height within
the Historic Shoreline Business District or the portion of the Urban Conservancy –
Low Intensity environment designation adjacent to Portage Creek, the analysis shall
address such considerations as cumulative view obstruction results of height
adjustments (within a 1,000‐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
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overall views that are lost, compromised, enhanced and/or retained; available view
corridors; and surface water views lost, compromised, enhanced and/or retained.
7.4.3 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.
7.5 Shoreline Variance Permits (WAC 173-27-170)
7.5.1 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.
7.5.2 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. The strict application of the bulk, dimensional or performance standards set
forth in this SMP precludes or significantly interferes with reasonable use of
the property;
2. The hardship described in B.1 of this subsection is specifically related to the
property, and the hardship is the result of unique conditions such as irregular
lot shape, size, or natural features and from the application of this SMP, and
not, for example, from deed restrictions or the applicantʹs own actions;
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3. The design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and
shoreline master program and the project design will not cause adverse
impacts to the shoreline environment;
4. The variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
5. The variance requested is the minimum necessary to afford relief; and
6. The public interest will suffer no substantial detrimental effect.
C. Shoreline Variance permits for development and/or uses that will be located
waterward of the OHWM, as defined in RCW 90.58.030 (2)(b), or within any wetland
as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant
demonstrates all of the following:
1. The strict application of the bulk, dimensional or performance standards set
forth in this SMP will preclude all reasonable use of the property;
2. The proposal is consistent with the criteria established under subsection
7.8.2.B.2 through B.6 of this section; and
3. The public rights of navigation and use of the shorelines will not be adversely
affected.
D. In the granting of all Shoreline Variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example if
variances were granted to other developments and/or uses in the area where similar
circumstances exist, the total of the variances shall also remain consistent with the
policies of 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.
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7.5.3 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
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
7.6 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)
7.7 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 Permit and to Ecology.
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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
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.
7.8 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
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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.
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.
7.9 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.
7.10 Appeals
7.10.1 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.
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Per WAC 173‐27‐120 the City shall comply with special procedures for limited utility
extensions and bulkheads.
7.10.2 Appeals to Shorelines Hearings Board
Appeals to the Shoreline Hearings Board of a decision on a Shoreline Substantial
Development Permit, Shoreline Conditional Use Permit, or a Shoreline Variance, may be
filed by the applicant or any 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)
7.11 Revisions to Permits (WAC 173-27-100)
7.11.1 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.
It is the applicant’s responsibility to contact state and federal agencies for permit
revisions to authorizations for work waterward of the OHWM or within wetlands prior
to beginning work.
7.11.2 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. ʺWithin the scope and intent of the original permitʺ means all of
the following:
1. No additional over water construction is involved except that pier, dock, or
float construction may be increased by five hundred square feet or ten
percent from the provisions of the original permit, whichever is less;
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
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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.
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.
7.11.3 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.
7.11.4 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 Ecologyʹs
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.
7.11.5 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.
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7.11.6 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 applicantʹs own risk until the expiration of the
appeals deadline.
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.
7.12 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, as amended. 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.
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8 D EFINITIONS
A
ACCESSORY. Any use or development incidental to and subordinate to a primary use
of a shoreline use or development..
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
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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.
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 include: a garage; driveway; utilities; fences; yards; antennas; decks;
walkways; and installation of a septic tank and drainfield and grading which does not
exceed two hundred fifty cubic yards and which does not involve placement of fill in
any wetland or waterward of the OHWM. (based on WAC 173‐27‐040)
AQUATIC. Pertaining to those areas waterward of the OHWM.
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AQUACULTURE. The cultivation of fish, shellfish, and/or other aquatic animals or
plants, including the incidental preparation of these products for human use, provided;
that native fish enhancement efforts are not considered aquaculture but rather
restoration activities.
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.
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))
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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
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 for storage of
watercraft or float planes.
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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. Bogs are low nutrient, acidic wetlands that have organic soils. The chemistry of
bogs is such that changes to the water regime or water quality of the wetland can easily
alter its ecosystem. The plants and animals that grow in bogs are specifically adapted to
such conditions and do not tolerate changes well. In addition to being sensitive to
disturbance, bogs are not easy to re‐create through compensatory mitigation.
BUFFER, SHORELINE OR CRITICAL AREA. The area adjacent to a shoreline or critical
area that separates and protects the waterbody or critical area from adverse impacts associated
with adjacent land uses. It is designed and designated to remain vegetated in an undisturbed
and natural condition to protect a waterbody or critical area from upland impacts. The
dimensions and allowed uses within shoreline and buffers are established in Section 4.5,
Vegetation Conservation and Shoreline Buffers, and Appendix B of this SMP.
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
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.
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CITY. The City of Arlington.
CLEARING. The destruction or removal of vegetation ground cover, shrubs and trees
including, but not including 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, as amended. (WAC 173‐
27‐030)
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).
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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 (see
Appendix B), 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; clearing, 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).)
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.
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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.
DREDGING. Excavation or displacement of the bottom or shoreline of a waterbody,
including wetlands.
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))
ECOLOGY. The Washington State Department of Ecology.
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
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. Generally, the 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.
ENHANCEMENT, WETLAND. The manipulation of the physical, chemical, or
biological characteristics of a wetland to heighten, intensify or improve specific
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function(s) or to change the growth stage or composition of the vegetation present.
Enhancement is undertaken for specified purposes such as water quality improvement,
flood water retention, or wildlife habitat. Enhancement results in a change in wetland
function(s) and can lead to a decline in other wetland functions, but does not result in a
gain in wetland acres. Examples are planting vegetation, controlling non‐native or
invasive species, and modifying site elevations to alter hydroperiods.
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 the OHWM or wetland.
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,
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)
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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 projectʹs primary intended
use. (WAC 173‐26‐020(13))
In cases where this SMP requires certain actions unless they are infeasible, the burden of
proving infeasibility is on the applicant.
In determining an actionʹs infeasibility, the City may weigh the actionʹs 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(16))
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.
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
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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 this 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, or a combination of both methods. 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, with a one percent chance of being equaled or exceeded in any given year. Local
documentation of ongoing or repetitive inundation of specific areas by urban or large
river flooding may be used to augment mapping efforts.
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.
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GRADING. The movement or redistribution of the soil, sand, rock, gravel, sediment,
root material, duff, organic soils, 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.
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.
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, roost, avoid predators, 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,
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
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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, all the following findings shall be required to
be made:
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 does not provide a reasonable likelihood to achieve its intended purpose.
C. The action physically precludes achieving the projectʹs primary intended use.
D. The actionʹs 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 this SMP requires certain actions unless they are infeasible, the burden of
proving infeasibility is on the applicant. In determining an actionʹs infeasibility, the City
may weigh the actionʹs relative public costs and public benefits, considered in the short‐
and long‐term time frames. (WAC 173‐26‐020(13))
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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 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 wetland
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.
IN‐WATER WORK. Work occurring waterward of the OHWM.
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
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
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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.
M
MAINTENANCE, NORMAL. Those usual acts to prevent a decline, lapse, or cessation
from a legally established condition. Normal maintenance shall not include an
expansion of the footprint or change in materials or bulk density of the legally
established condition. See also, REPAIR, NORMAL.
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 at the discretion of the City, provided they
conform to the provisions of this master program and the Act. (WAC 173‐26‐020(21))
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.
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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 structure 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 and/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 structure 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
NAVIGABLE WATERS. Navigable waters are those waters that are presently used, or
have been used in the past, or may be susceptible for use to transport goods or people.
NECESSARY. A word describing an element that is essential, indispensable or needed
to achieve a certain result or effect. (www.Dictionary.com)
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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 (January
2011). 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
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.
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OHWM. See ORDINARY HIGH WATER MARK.
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: PROVIDED, That in any area where the OHWM cannot be
found, the OHWM adjoining salt water shall be the line of mean higher high tide and
the OHWM adjoining fresh water shall be the line of mean high water. See RCW
90.58.030(2)(c).
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. Commercial parking is a private, fee‐based activity.
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.
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
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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 publicʹs right to reach and use the Stateʹs 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
overlooks, viewing platform, and other public sites or facilities. (WAC 173‐26‐221(4)
and example SMPs). See also COMMUNITY ACCESS (which is not intended for use by
the general public).
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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, Shoreline Environmentally Critical Areas:
A. A qualified professional providing a geotechnical analysis as required under this
SMP 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 this
SMP 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
RCW. Revised Code of Washington.
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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 the
shoreline resource or environment. Replacement of a structure or development may be
authorized as repair where such replacement is the common method of repair for the
type of structure or development and the replacement structure or development is
comparable to the original structure or development including but not limited to its size,
shape, configuration, location and external appearance and the replacement does not
cause substantial adverse effects to shoreline resources or environment. See also
MAINTENANCE, NORMAL.
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)).
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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.
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, or between the OHWM and the closest foundation wall of the
primary structure.
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.
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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))
SHORELINE AREAS. All ʺshorelines of the stateʺ and ʺshorelandsʺ 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
governmentʹs authority, such as the City of Arlington, 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 cityʹs 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 cityʹs 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 stabilization may include groins, jetties, log jams and bio‐engineered
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activities, 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.
SHORELINES OF STATEWIDE SIGNIFICANCE. A select category of shorelines of
the state, defined in RCW 90.58.030(2)(f), 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.
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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))
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.
SMP. See “SHORELINE MASTER PROGRAM.”
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
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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(8)(b))
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.
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 of which the total
cost or fair market value exceeds five thousand dollars, or any development which
materially interferes with the normal public use of the water or shorelines of the state.
The dollar threshold established in this subsection must be adjusted for inflation by the
office of financial management every five years, beginning July 1, 2007, based upon
changes in the consumer price index during that time period. ʺConsumer price indexʺ
means, for any calendar year, that yearʹs annual average consumer price index, Seattle,
Washington area, for urban wage earners and clerical workers, all items, compiled by
the bureau of labor and statistics, United States department of labor. The office of
financial management must calculate the new dollar threshold and transmit it to the
office of the code reviser for publication in the Washington State Register at least one
month before the new dollar threshold is to take effect. The following shall not be
considered substantial developments for the purpose of this chapter:
A. Normal maintenance or repair of existing structures or developments, including
damage by accident, fire, or elements;
B. Construction of the normal protective bulkhead common to single family residences;
C. Emergency construction necessary to protect property from damage by the elements;
D. Construction and practices normal or necessary for farming, irrigation, and ranching
activities, including agricultural service roads and utilities on shorelands, and the
construction and maintenance of irrigation structures including but not limited to
head gates, pumping facilities, and irrigation channels. A feedlot of any size, all
processing plants, other activities of a commercial nature, alteration of the contour of
the shorelands by leveling or filling other than that which results from normal
cultivation, shall not be considered normal or necessary farming or ranching
activities. A feedlot shall be an enclosure or facility used or capable of being used for
143
feeding livestock hay, grain, silage, or other livestock feed, but shall not include land
for growing crops or vegetation for livestock feeding and/or grazing, nor shall it
include normal livestock wintering operations;
E. Construction or modification of navigational aids such as channel markers and
anchor buoys;
F. Construction on shorelands by an owner, lessee, or contract purchaser of a single
family residence for his own use or for the use of his or her family, which residence
does not exceed a height of thirty‐five feet above average grade level and which
meets all requirements of the state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to this chapter;
G. Construction of a dock, including a community dock, designed for pleasure craft
only, for the private noncommercial use of the owner, lessee, or contract purchaser
of single and multiple family residences. This exception applies if either: (A) In salt
waters, the fair market value of the dock does not exceed two thousand five hundred
dollars; or (B) in fresh waters, the fair market value of the dock does not exceed ten
thousand dollars, but if subsequent construction having a fair market value
exceeding two thousand five hundred dollars occurs within five years of completion
of the prior construction, the subsequent construction shall be considered a
substantial development for the purpose of this chapter;
H. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored groundwater for the irrigation of lands;
I. The marking of property lines or corners on state owned lands, when such marking
does not significantly interfere with normal public use of the surface of the water;
J. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed, or utilized primarily
as a part of an agricultural drainage or diking system;
K. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this chapter, if:
1. The activity does not interfere with the normal public use of the surface
waters;
2. The activity will have no significant adverse impact on the environment
including, but not limited to, fish, wildlife, fish or wildlife habitat, water
quality, and aesthetic values;
144
(C) The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the site
are restored to conditions existing before the activity;
(D) A private entity seeking development authorization under this section first
posts a performance bond or provides other evidence of financial
responsibility to the local jurisdiction to ensure that the site is restored to
preexisting conditions; and
(E) The activity is not subject to the permit requirements of RCW 90.58.550;
L. The process of removing or controlling an aquatic noxious weed, as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental impact statement
published by the department of agriculture or the department jointly with other state
agencies under chapter 43.21C RCW. (RCW 90.58.030(3)(e))
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.
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
145
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
and wetlands.
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 include 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.
146
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 publicʹs 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 ʺwater quantityʺ
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))
147
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.
148
WETLAND or WETLANDS. Means areas that are inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally created
from nonwetland sites, including, but not limited to, irrigation and drainage 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.
A P P E N D I X A
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City of Arlington Shoreline Master PlanEnvironmentDesignations
Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps.´
EnvironDesign_11x17_10.mxd
Date:
File:
Cartographer:
Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, June 2009.
Topography provided by Puget Sound LiDAR Consortium,downloaded summer 2009.
City Limits
City UGA
Local roads
Airport
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Detailed Island Crossingand Old Town maps areshown in 'EnvironmentDesignations: Old Townand Island Crossing'
Legend
Environment Designations
Natural
Historic Shoreline Business District
Urban Conservancy - Low Intensity
Urban Conservancy - Open Space
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Environment Designations:Old Town and Island Crossing
Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps.
EnvironDesignOTIC_11x17_10.mxd
09/09/2011
Date:
File:
Cartographer:
Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, June 2009.
Aerials taken in June 2009.
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All areas waterward of the ordinary highwater mark have an Aquatic Designation.
Legend
Environment Designations
Natural
Historic Shoreline Business District
Urban Conservancy - Low Intensity
Urban Conservancy - Open Space
Ordinary High Water Mark (OHWM)
A P P E N D I X B
Shoreline Environmentally Critical Areas
A P P E N D I X C
Restoration Plan
A P P E N D I X D
Jurisdiction Exhibits (Excerpts from the
Shoreline Master Program Handbook)
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
October 24, 2011
SUBJECT:
FEMA Floodplain Regulations
DEPARTMENT OF ORIGIN:
Community Development – Bill Blake
ATTACHMENTS:
1. Draft regulations
2. Letter from FEMA
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Will send to City Attorney for review after
this workshop.
DESCRIPTION: This document is the same version that was discussed during a Council
workshop in May regarding the National Flood Insurance program (NFIP) managed by FEMA.
I will have a Powerpoint presentation to lead a discussion on key elements.
HISTORY: The National Marine Fisheries Service issued a Biological Opinion in 2008 that the
current NFIP was causing the take of ESA listed species including Chinook Salmon and Orca
whales. FEMA working with State, Federal and Local agencies developed an acceptable level of
improvements a local government could take to improve their floodplain ordinances. Three
choices include 1. Adopting the federally developed “model ordinance 2. Updating your
existing ordinance to meet the requirements 3. Having each floodplain project go through the
federal ESA review process. This draft ordinance was developed by enhancing the existing
Arlington floodplain ordinance (We were fairly close already). Council authorized staff to send
to FEMA. This draft was approved by FEMA with no requested changes. We will receive full
concurrence from FEMA once they have received a copy of our adopted ordinance. Until
adopted we will be required to have floodplain projects perform individual ESA federal review.
ALTERNATIVES:
No action.
RECOMMENDED MOTION:
No action. Ask for Public Hearing in November
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 1 July 2011
Chapter 20.64
FLOODWAYS, FLOODPLAINS, DRAINAGE, AND EROSION
Sections:
Part I. Floodways and Floodplains
20.64.010 Statutory Authorization.
20.64.020 Findings of Fact.
20.64.030 Statement of Purpose.
20.64.040 Methods of Reducing Flood Losses.
20.64.050 Definitions
20.64.060 Basis for Establishing the Areas of Special Flood Hazard
20.64.070 Abrogation and Greater Restrictions
20.64.080 Interpretation
20.64.090 Warning and Disclaimer of Liability
20.64.100 Supplementary Information Required with a Permit Application.
20.64.110 Conformance with Chapter 20.88 (Environmentally Critical Areas
20.64.120 Location of Boundaries of Floodplain, Riparian Habitat Zone
20.64.130 Setbacks from Streams Outside Designated Floodplains.
20.64.140 Artificial Obstructions Within Floodways Prohibited.
20.64.150 Permissible Uses Within Floodways.
20.64.160 Construction Within Floodways and Floodplains Restricted, Habitat Protection.
20.64.180 Specific Standards for Zones A1-30, AH, and AE
20.64.190 Specific Standards for Designated Regulatory Floodways.
20.64.200 Specific Standards For Shallow Flooding Areas (AO Zones)
20.64.210 Encroachments
20.64.220 Special Provisions for Subdivisions.
20.64.230 Utility Systems in Floodways and Floodplains.
20.64.240 Critical Facility.
20.64.250 Additional Duties of Administrator Related to Flood Insurance and Flood Control.
20.64.260 Variances from Requirements.
Part II. Drainage, Erosion Control, Storm Water Management
20.64.300 Stormwater Management.
Part I. Floodways and Floodplains
20.64.010 Statutory Authorization.
The Legislature of the State of Washington has delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the City of Arlington does ordain as follows:
20.64.020 Findings of Fact.
(a) The flood hazard areas of Arlington are subject to periodic inundation which results in loss of
life and property, health, and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety, and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards that increase flood heights and velocities, and when inadequately anchored,
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 2 July 2011
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or
otherwise protected from flood damage also contribute to the flood loss.
20.64.030 Statement of Purpose.
(a) It is the purpose of this ordinance to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
(b) To protect human life and health;
(b)(c) To manage development in a manner reducing impacts to floodplain processes;
(c)(d) To minimize expenditure of public money and costly flood control projects;
(d)(e) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(e)(f) To minimize prolonged business interruptions;
(f)(g) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, and bridges located in areas of special flood
hazard;
(g)(h) To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(h)(i) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and,
(i)(j) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
20.64.040 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this ordinance includes methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural flood plains, stream channels, wetlands and natural
protective barriers, which help accommodate or channel flood waters;
(d) Controlling filling, grading, dredging, and other development which may increase flood
damage; and
(e) Preventing or regulating the construction of flood barriers that will unnaturally divert
floodwaters or may increase flood hazards in other areas.
20.64.050 Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted
so as to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
“Appeal” means a request for a review of the interpretation of any provision of this ordinance
or a request for a variance.
“Area of Shallow Flooding” means a designated AO, or AH Zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be
evident. AO is characterized as sheet flow and AH indicates ponding.
“Area of Special Flood Hazard” means the land in the floodplain within a community subject
to a one-percent or greater chance of flooding in any given year. Designation on maps always
includes the letters A or V.
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 3 July 2011
“Base Flood” means the flood having a 1% chance of being equaled or exceeded in any
given year (also referred to as the “100-year flood”). Designated on Flood Insurance Rate Maps
by the letters A or V.
“Basement” means any area of the building having its floor subgrade (below ground level)
on all sides.
“Channel Migration Zone” means the lateral extent of likely movement along a stream reach
during the next one hundered years with evidence of active stream channel movement over the
past one hundered years.
“Critical Facility” means a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police,
fire and emergency response installations, installations that produce, use or store hazardous
materials or hazardous waste.
“Development” means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials located within the
area of special flood hazard, subdivision of land, removal of substantial amounts of vegetation,
or alteration of natural site characteristics.
“Elevated Building” means for insurance purposes, a non-basement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers,
pilings, or columns.
“Existing Manufactured Home Park Or Subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management regulations.
“Expansion To An Existing Manufactured Home Park Or Subdivision” means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
“Flood” or “Flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
“Flood Insurance Rate Map (Firm)” means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
“Flood Insurance Study” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water
surface elevation of the base flood.
“Floodplain Administrator.” The Director of Development ServicesCommunity Development
is hereby deemed to be the City’s Floodplain Administrator. (Added by Ord. No. 1351, 9/7/04)
“Floodway” means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
“Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building’s lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements found in §20.64.180(a)2 (Specific Standards for
Zones A1-30, AH, and AE).
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 4 July 2011
“Manufactured Home” means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term “manufactured home” does not include a
“recreational vehicle.”
“Manufactured Home Park Or Subdivision” means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
“New Construction” means structures for which the “start of construction” commenced on or
after the effective date of this ordinance.
“New Manufactured Home Park Or Subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of adopted floodplain management regulations.
“Recreational Vehicle” means a vehicle that is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
(d) (e) “Riparian Habitat Zone” an area identified on the approved map that provides the
necessary protection perpendicularly from, 1. The ordinary high water mark 2. The Channel
Migration Zone, 3. The mapped Floodway.
“Start Of Construction” includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building including a gas or liquid storage tank that is
principally above ground.
“Substantial Damage” means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
“Substantial Improvement” means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred. For
the purposes of this definition “substantial improvement” is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(c) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 5 July 2011
enforcement official and which are the minimum necessary to assure safe living conditions,
or
(d) Any alteration of a “historic structure,” provided that the alteration would not preclude the
structure’s continued designation as a “historic structure.”
“Variance” means a grant of relief from the requirements of this ordinance that permits
construction in a manner that would otherwise be prohibited by this ordinance.
“Water Dependent” means a structure for commerce or industry that cannot exist in any
other location and is dependent on the water because of the intrinsic nature of its operations.
20.64.060 Basis for Establishing the Areas of Special Flood Hazard.
(a) The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled “The Flood Insurance Study for Snohomish County”
(in which the City of Arlington is incorporated) dated November 8, 1999September 29, 2006,
or as amended, with an accompanying Flood Insurance Rate Map (FIRM), as amended, are
hereby adopted by reference and declared to be a part of this ordinance. The Flood
Insurance Study and the FIRM are on file at Arlington City Hall, 238 North Olympic,
Arlington, Washington. The best available information for flood hazard area identification as
outlined in Subsection (b) shall be the basis for regulation until a new FIRM is issued which
incorporates the data utilized under Subsection (b).
(b) When base flood elevation data has not been provided (A and V Zones) in accordance with
Subsection (a), the administrator shall use any base flood elevation and floodway data
available from a Federal, State or other source, in order to comply with §20.64.180 (Specific
Standards for Zones A1-30, AH, and AE) and §20.64.190 (Specific Standards for
Designated Regulatory Floodways). (Amended by Ord. 1365, 6/13/05)
(c) If such data are not already available, the administrator may rely on a licensed surveyor to
provide such information as necessary to reasonably ascertain said zones.
20.64.070 Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
20.64.080 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and,
(c) Deemed neither to limit nor repeal any other powers granted under State statutes.
20.64.090 Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of City of Arlington, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
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City of Arlington 20.64 - 6 July 2011
20.64.100 Supplementary Information Required with a Permit Application.
In addition to the standard information required with a permit application (§20.16.040,
Applications To Be Complete), the following information is also required for any permits
proposing development within a floodway or floodplain:
(a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;
(b) Elevation in relation to mean sea level to which any structure has been flood-proofed;
(c) Certification by a registered professional engineer or architect that the flood-proofing
methods for any nonresidential structure meet the flood-proofing criteria in Subsection
20.64.180(b) (Specific Standards for Zones A1-30, AH, and AE); and
(d) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
20.64.110 Conformance with Chapter 20.88 (Environmentally Critical Areas).
Wherever this section allows uses within a floodway or floodplain, that use must also be
consistent with Chapter 20.88 (Environmentally Critical Areas) and Chapter 20.92 (Shoreline
Management) in terms of both allowable use and location of use. In any case, wherever
regulations in these two Chapters conflict, the more restrictive shall prevail. The explicit intent of
this section is to not allow development that is inconsistent with Chapter 20.88 or Chapter 20.92
to occur in the restricted areas or buffers required by that Chapter, even though it may seem
permissible according to the regulations of this chapter.
20.64.120 Location of Boundaries of Floodplain and, Floodway Districts and Riparian Habitat
Zone..
(a). As used in this chapter, the terms floodplain and floodway refer in the first instance to
certain areas whose boundaries are determined and can be located on the ground by reference
to the specific fluvial characteristics set forth in the definitions of these terms. These terms also
refer to overlay zoning districts whose boundaries correspond to the actual physical location of
floodways and floodplains as shown on FEMA’s Flood Insurance Rate Map (FIRM) and should
be shown on the map identified in §20.36.10092 (Official Zoning MapShoreline Master Plan).
(These overlay districts thus differ from other zoning districts whose boundaries are established
solely according to planning or policy, rather than physical, criteria.) Therefore, the administrator
is authorized to make necessary interpretations as to the exact location of the boundaries of
floodways or floodplains if there appears to be a conflict between a mapped boundary and
actual field conditions. Such interpretations, like other decisions of the administrator, may be
appealed pursuant to §20.20.010 (Appeals).
(b). As used in this chapter the term Riparian Habitat Zone (RHZ) is identified on the approved
RHZ map. The RHZ is an overlay zone that encompasses lands as defined above on either
side of all stream, and for all other watercourse including off channel areas within the Special
Flood Hazard Areas. The RHZ is a no new disturbance zone, other than for activities that will
not adversely affect the existing habitat function. Any property or portion thereof that lies within
the RHZ is subject to the restrictions of the RHZ, as well as any zoning restriction that apply to
the parcel in the underlying zoning. Unless shown otherwise the RHZ on a channel migration
zone is 50 feet. Other areas not identified on the RHZ, but are located in the floodplain areas
will be subject to the Shoreline Master Plan Critical Areas Appendix B.
(c). When updating the maps the City must consider future conditions and the cumulative effect
from the future land-use changes.
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(d). When updating the maps the City must consider identifying and evaluating the risk of
flooding behind 100-year levees within the City jurisdiction based on future conditions and
cumulative effects.
(e). When evaluating risk it may be determined that an individual project will conduct an ESA
consultation with the services.
20.64.130 Setbacks from Streams Outside Designated Floodplains.
In any area that is located outside a designated floodplain but where a stream is located, no
building or fill may be located within the buffer as specified in Chapter 20.88 (Environmentally
Critical Areas).
20.64.140 Artificial Obstructions Within Floodways Prohibited.
(a) No artificial obstruction may be located within any floodway, except as provided in
§20.64.150 (Permissible Uses Within Floodways).
(b) For purposes of this section, an artificial obstruction is any obstruction, other than a natural
obstruction, that is capable of reducing the flood carrying capacity of a stream or may
accumulate debris and thereby reduce the flood-carrying capacity of a stream. A natural
obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction
and has been located within the floodway by a non-human cause.
20.64.150 Permissible Uses Within Floodways.
(a). Notwithstanding Chapter 20.40 (Permissible Uses) of this Title, no permit to make use of
land within a floodway may be issued unless the proposed use is listed as permissible in Error!
Reference source not found.Table 20.40-3, the Table of Permissible Uses, Chapter 20.88,
Environmentally Critical Areas, and in the following list:
1. General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture,
forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related
uses.
2. Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, and other
similar ground-level area uses.
3. Lawns, gardens, play areas, and other similar uses.
4. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking
or horseback-riding trails, open space, and other similar private and public recreational
uses.
4.
As indicated in §20.36.060 (Floodplain), the floodplain and floodway districts are established as
overlay districts.
(b) General Development standards to be followed in Special Flood Hazard Area include:
1. If a lot has a buildable site out of the Special Flood Hazard Area,
all new structures shall be located there, when feasible. If the lot
is fully in the floodplain, structures must be located to have the
least impact on salmon.
2. Stormwater and drainage features shall incorporate low impact
development techniques that mimic pre-development hydrologic
conditions, when technically feasible.
3. Creation of new impervious surfaces shall not exceed 10 percent
of the surface area of the portion of the lot in the floodplain unless
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Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 8 July 2011
mitigation is provided and maintained that functions as “10%
effective impervious surface”.
4. Any loss of floodplain storage shall be avoided, rectified or
compensated for as identified in (20.88.530)
5. Uses that are not permitted in the Protected Area unless shown
not to adversely affect water quality, habitat, etc., include septic
tanks and drain fields, dumping of nay material, hazardous or
sanitary waste landfills: receiving area for toxic or hazardous
waste or other contaminants.
6. The proposed action must be designed and located so that new
structural flood protection is not needed.
7. New road crossing over ESA listed streams within the special
flood hazard area are prohibited unless a concurrence letter from
NMFS or a habitat assessment demonstrating “no adverse affect”
is received.
8. Uses that are allowed in the existing or equivalent zoning and do
not require an up-zoning increasing floodplain development
densities, or participate in a TDR program that results in an
equivalent or greater area of Stillaguamish floodplain to be
protected from development in perpetuity.
20.64.160 Construction Within Floodways and Floodplains Restricted, Habitat Protection
Standards.
Any development occurring in the Floodway or Floodplain will require the issuance of a “Flood
Hazard permit”. A development permit shall be obtained before construction or development
begins within any area of special flood hazard area. The permit shall be for all structures
including manufactured homes, and for all development including fill and other activities as set
forth in this ordinance.
(a) No land use or building permit may be issued for any development within a floodplain until
the permit-issuing authority has reviewed the plans for any such development to assure that:
1. The proposed development is consistent with the need to minimize flood damage, and
2. All public utilities and facilities such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage, and
3. Adequate drainage is provided to minimize or reduce exposure to flood hazards, and
4. All necessary permits have been received from those agencies from which approval is
required by federal or state law., and
5. The application for a permit to develop in the affected area must include the elevations
of the 10-, 50-, and 100-year floods, where such data are available, and
6. The applicant must record a notice on the title that the property contains land within the
RHZ and/or 100-year floodplain before a permit may be issued, and
7. Any improvements or repairs to existing structures that result in a greater than 10
percent increase of the structure footprint must mitigate for any adverse effects, and
8. Removal of native vegetation must leave 65 percent of the surface area of the portion of
the property in the floodplain with native vegetation in an undeveloped state, and
9. Development in the floodway, RHZ, and CMZ will not adversely affect water quality,
water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain
refugia for listed salmon, and
10. Development outside the protected area must mitigate for adverse indirect effects on
stormwater, riparian vegetation, bank stability, channel migration, hyporheic zone,
wetland and large woody debris functions, and
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Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 9 July 2011
4.11.
(b) No building may be constructed and no substantial improvement of an existing building may
take place within any floodway. This includes a prohibition on installing new mobile homes in
an existing mobile home park located in a floodway, even if the park is nonconforming.
(Amended by Ord. 1365, 6/13/05)
(c) Where elevation data is not available either through the Flood Insurance Study, FIRM, or
from another authoritative source the applicant shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a Federal, State or other source
(§20.64.060(b) Basis for Establishing the Areas of Special Flood Hazard), applications for
building permits shall be reviewed to assure that proposed construction will be reasonably
safe from flooding. The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of past flooding, etc., where available. Failure
to elevate at least two feet above the highest adjacent grade in these zones may result in
higher insurance rates.
(d) No new residential building may be constructed and no substantial improvement of a
residential building may take place within any floodplain unless the lowest floor (including
basement) of the building or improvement is elevated to or one foot above the base flood
level.
1. Residential accessory structures shall be allowed within floodplains provided they are
firmly anchored to prevent flotation.
2. Anchoring of any accessory buildings may be done by bolting the building to a concrete
slab or by over-the-top ties. When bolting to a concrete slab, one-half inch bolts six feet
on center with a minimum of two per side shall be required. If over-the-top ties are used,
a minimum of two ties with a force adequate to secure the building is required.
(e) No new non-residential building may be constructed and no substantial improvements of a
nonresidential building may take place within any floodplain unless the lowest floor
(including basement) of the building or improvement is elevated or flood-proofed to or one-
foot above the base flood level. Where flood proofing is used in lieu of elevation, a
registered professional engineer or architect shall certify that any new construction or
substantial improvement has been designed to withstand the flood depths, pressure,
velocities, impact, and uplift forces associated with the base flood at the location of the
building and that the walls below the base flood level are substantially impermeable to the
passage of water. (Amended by Ord. 1365, 6/13/05)
(f) For purposes of this section, “substantial improvement” means for a building constructed
prior to the effective date of this title, any repair, reconstruction, or improvement of a building
the cost of which equals or exceeds 50 percent of the market value of the structure either (i)
before the improvement or repair is started or (ii) if the structure has been damaged and is
being restored, before the damage occurred. “Substantial improvement” occurs when the
first alteration on any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the building. The term does
not, however, include either (i) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code specifications that are solely necessary
to insure safe living conditions, or (ii) any alteration of a building listed on the National
Register of Historic Places or a State Inventory of Historic Places.
(g) No land use or building permit may be issued for any development within a floodplain until
the permit-issuing authority has reviewed the plans to assure that any new construction or
substantial improvements shall be:
1. Designed (or modified) and adequately anchored to prevent flotation collapse, or lateral
movement of the structure.
2. Constructed with materials and utility equipment resistant to flood damage.
3. Constructed by methods and practices that minimize flood damage.
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 10 July 2011
(h) Notwithstanding any other provision of this title, no mobile home may be located or
relocated within that portion of the floodplain outside of the floodway, unless the following
criteria are met:
1. Ground anchors for tie downs are provided.
2. The following tie-down requirements are met:
i. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
ii. All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over-
the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home
Installation in Flood Hazard Areas” guidebook for additional techniques). (Amended
by Ord. 1365, 6/13/05)
3. Lots or pads are elevated on compacted fill or by any other method approved by the
administrator so that the lowest habitable floor of the mobile home is at or above the
base flood level.
4. Adequate surface drainage and easy access for mobile home hauler is provided.
5. Load-bearing foundation supports such as piers or pilings must be engineered.
(i) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately
stabilized to withstand the erosive force of the base flood.
20.64.170 General Standards.
In all areas of special flood hazards, the following standards are required:
(a) Anchoring
1. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not limited to, use of over-the-top or
frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in
Flood Hazard Areas” guidebook for additional techniques).
(b) AH Zone Drainage—Adequate drainage paths are required around structures on slopes to
guide floodwaters around and away from proposed structures.
(c) Construction Materials and Methods
1. All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
20.64.180 Specific Standards for Zones A1-30, AH, and AE
In all areas of special flood hazards where base flood elevation data has been provided (Zones
A1-30, AH, and AE on the community’s FIRM) as set forth in §20.64.060 (Basis for Establishing
the Areas of Special Flood Hazard), the following provisions are required:
(a) Residential Construction
1. New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood
elevation.
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City of Arlington 20.64 - 11 July 2011
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
(b) Nonresidential Construction—New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together
with attendant utility and sanitary facilities, shall:
1. Be flood-proofed so that below one foot or more above the base flood level the structure
is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
Floodplain Administrator or Building Official.
4. Nonresidential structures that are elevated, not flood-proofed, must meet the same
standards for space below the lowest floor as described in 20.64.180(a)(2) (Specific
Standards for Zones A1-30, AH, and AE—Residential Construction);
5. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the flood-proofed level (e.g. a
building flood-proofed to the base flood level will be rated as one foot below).
(c) Manufactured Homes
1. All manufactured homes to be placed or substantially improved on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision, or
d. In an existing manufactured home park or subdivision on which a manufactured
home has incurred “substantial damage” as the result of a flood;
e. Shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation and
be securely anchored to an adequately designed foundation system to resist
flotation, collapse and lateral movement.
2. Manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision that are not subject to the above manufactured
home provisions be elevated so that either:
a. The lowest floor of the manufactured home is elevated one foot or more above the
base flood elevation, or
b. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately designed foundation
system to resist flotation, collapse, and lateral movement.
(d) Recreational Vehicles—Recreational vehicles placed on sites are required to either:
1. Be on the site for fewer than 180 consecutive days,
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City of Arlington 20.64 - 12 July 2011
2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
3. Meet the requirements of Subsection 20.64.180(c) Specific Standards for Zones A1-30,
AH, and AE—Manufactured Homes) above and the elevation and anchoring
requirements for manufactured homes.
20.64.190 Specific Standards for Designated Regulatory Floodways.
Located within areas of special flood hazard established in §20.64.060 (Basis for Establishing
the Areas of Special Flood Hazard) are areas designated as floodways. Since the floodway is
an extremely hazardous area due to the velocity of floodwaters that carry debris, potential
projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements, and
other development unless certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result in any
increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within designated
floodways, except for (i) repairs, reconstruction, or improvements to a structure which do
not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a
structure, the cost of which does not exceed 50 percent of the market value of the
structure either, (A) before the repair, or reconstruction is started, or (B) if the structure
has been damaged, and is being restored, before the damage occurred. Any project for
improvement of a structure to correct existing violations of state or local health, sanitary,
or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions or to
structures identified as historic places shall not be included in the 50 percent.
3. If Subsection 1 is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of §20.64.180 through §240.
20.64.200 Specific Standards For Shallow Flooding Areas (AO Zones)
Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood
depths in these zones range from 1 to 3 feet above ground where a clearly defined channel
does not exist, or where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is usually characterized as sheet flow. In these areas, the following
provisions apply:
1. New construction and substantial improvements of residential structures and
manufactured homes within AO zones shall have the lowest floor (including basement)
elevated above the highest adjacent grade to the structure, one foot or more above the
depth number specified in feet on the community’s FIRM (at least two feet above the
highest adjacent grade to the structure if no depth number is specified).
2. New construction and substantial improvements of nonresidential structures within AO
zones shall either:
a. Have the lowest floor (including basement) elevated above the highest adjacent
grade of the building site, one foot or more above the depth number specified on the
FIRM (at least two feet if no depth number is specified); or
b. Together with attendant utility and sanitary facilities, be completely flood proofed to
or above that level so that any space below that level is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
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City of Arlington 20.64 - 13 July 2011
buoyancy. If this method is used, a registered professional engineer or architect as in
Subsection 20.64.180(b)3 Specific Standards for Zones A1-30, AH, and AE) shall
certify compliance.
3. Require adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
4. Recreational vehicles placed on sites within AO Zones on the community’s FIRM either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use, on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions; or
c. Meet the requirements of Subsections 1 and 3 above and the anchoring
requirements for manufactured homes (Subsection 20.64.170(a)2, General
Standards).
20.64.210 Encroachments
In areas where a regulatory floodway has not been designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within Zones A1-30 and
AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one foot at any point within
the community.
20.64.220 Special Provisions for Subdivisions.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) All subdivision proposals shall have public utilities and facilities, such as sewer, gas,
electrical, and water systems located and constructed to minimize or eliminate flood
damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage.
(d) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments that contain at least 50 lots or 5 acres (whichever is less).
(e) All subdivisions are subject to use and construction restrictions contained in §20.64.140
(Artificial Obstructions Within Floodways Prohibited), §20.64.150 (Permissible Uses Within
Floodways), §20.64.160 (Construction Within Floodways and Floodplains Restricted), and
§20.64.230 (Utility Systems in Floodways and Floodplains) if any portion of the land to be
subdivided lies within a floodway or floodplain.
(f) Final plat approval for any subdivision containing land that lies within a floodway or
floodplain may not be given unless the plat shows the boundary of the floodway or floodplain
and contains in clearly discernible print the following statement: “Use of land within a
floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of the Arlington
Municipal Code.”
(g) Subject to the following sentence, a conditional use permit or final plat approval for any
subdivision may not be given if:
1. The land to be subdivided lies within a zone where residential uses are permissible and
it reasonably appears that the subdivision is designed to create residential building lots,
and
2. Any portion of one or more of the proposed lots lies within a floodway or floodplain, and
3. It reasonably appears that one or more lots described in Subdivisions (1) and (2) of this
subsection could not practicably be used as a residential building site because of the
Field Code Changed
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 14 July 2011
restrictions set forth in §20.64.160 (Construction Within Floodways and Floodplains
Restricted), §20.64.170 (General Standards), and §20.64.180 (Specific Standards for
Zones A1-30, AH, and AE).
20.64.230 Utility Systems in Floodways and Floodplains.
Whenever any portion of a proposed development is located within a floodway or floodplain, the
agency or agencies responsible for certifying to the city the adequacy of the utility systems for
the development (as set forth in Chapter 20.60) shall be informed by the developer that a
specified area within the development lies within a floodway or floodplain. Thereafter, said
agency shall certify, prior to approval of the proposed system, that:
1. All new and replacement water supply systems are designed to minimize or eliminate
infiltration of flood waters into the systems;
2. Any proposed water wells are located on high ground that is not in the floodway (WAC
173-160-171);
3. New and replacement sanitary sewage systems are designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters; and,
4. On-site waste disposal systems are located to avoid impairment to them or
contamination from them during flooding;and,
4.5. All new utilities would be located outside of the Channel Migration Zone..
20.64.240 Critical Facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of
the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical
facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical
facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the
height of the 500-year flood, whichever is higher. Access to and from the critical facility should
also be protected to the height utilized above. Flood-proofing and sealing measures must be
taken to ensure that toxic substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base flood elevation shall be provided to all
critical facilities to the extent possible.
20.64.250 Additional Duties of Administrator Related to Flood Insurance and Flood Control,
including information to be obtained and maintained.
The administrator shall:
(a) For the purpose of the determination of applicable flood insurance risk premium rates within
Zone A on the city’s Flood Insurance Rate Map provided by the U.S. Federal Emergency
Management Agency:
1. Obtain and record the elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures including to which
level it was flood-proofed; and (Amended by Ord. 1365, 6/13/05)
2. Obtain, for all structures that have been flood-proofed (whether or not such structures
contain a basement) the elevation (in relation to mean sea level in the FEMA datum) to
which the structure was flood-proofed; and
3. Maintain the floodproofing certifications found in others sections of this ordinace; and
2.4. For development that occurs outside of the protected area the city will track
projects which have been issued floodplain development permits, including effects to
flood storage and fish habitat and mitigation provided.
3.5. Maintain a record of all such information for public inspection.
Field Code Changed
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 15 July 2011
(b) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of Engineers, the
Washington State Department of Fish and Wildlife, and any effected diking or drainage
districts prior to any alteration or relocation of a watercourse, and submit copies of such
notification to the Federal Insurance Administrator.
(c) Ensure that the flood-carrying capacity within the altered or relocated portion of any
watercourse is maintained and within the same sub-basin so carrying capacity is not
diminished.
(d) Maintain the records of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
20.64.260 Variances from Requirements.
(a) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a lot of one-
half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (1-11) in Subsection (i) have been
fully considered. As the lot size increases, the technical justification required for issuing the
variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in this section.
(c) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result, or the development may eventually require
additional structural flood protection.
(d) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
1. A showing of good and sufficient cause;
1.2. The submittal, review and approval of a Biological Assessment;
2.3. A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
3.4. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(f) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be quite rare.
(g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be
determined that such action will have low damage potential, complies with all other variance
criteria except Subsection (i)1, and otherwise complies with §20.64.170(a) General
Standards), 20.64.170(c), and §20.64.230 (Utility Systems in Floodways and Floodplains).
(h) Any applicant to whom a variance is granted is hereby notified that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the
cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(i) In granting a variance, in addition to the findings of §20.20.030 (Variances), the decision-
maker shall consider and make findings concerning all technical evaluations, all relevant
Field Code Changed
Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion
City of Arlington 20.64 - 16 July 2011
factors, standards specified in other sections of this chapter, and (including the degree to
which the applicant proposes to mitigated impacts to) the following:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
2.3. The impact to ESA listed species;
3.4. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
4.5. The importance of the services provided by the proposed facility to the
community;
5.6. The necessity to the facility of a waterfront location, where applicable;
6.7. The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
7.8. The compatibility of the proposed use with existing and anticipated development;
8.9. The relationship of the proposed use to the comprehensive plan and flood plain
management program for that area;
9.10. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
10.11. The expected heights, velocity, duration, rate of rise, debris and sediment
transport of the flood waters and the effects of wave action, if applicable, expected at the
site; and,
11.12. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(j) Upon consideration of the factors of Subsection (b) and the purposes of this ordinance, the
decision-maker may attach such conditions to the granting of a waiver, as it deems
necessary to further the purposes of this chapter.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
October 24, 2011
SUBJECT:
Arlington Advanced Manufacturing Park
(aka Former Bayliner Site) – Binding Site
Plan Dedications and Easements
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. Draft Binding Site Plan - Dedications and Easements
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION: The applicant requests a binding site plan to subdivide a 24-lot binding site
plan with 4 tracts, located at 17825 59th Ave. NE. There are 16 existing buildings located on site,
as well as additional outbuildings/sheds and on-site landscaping and trees. The applicant
proposes to keep all larger existing buildings for future tenant use and may be updated
depending on specific tenant needs. All vacant lots will require land use permits upon future
development. A parking agreement is being considered in cooperation with the Arlington
Municipal Airport. A 60-foot right-of-way will be dedicated along 180th St. NE and 63rd Ave.
NE, as well as on-site utility easements.
HISTORY: The Binding Site Plan (BSP) application was received by the City on September 22,
2011. A Mitigated Determination of Nonsignificance for the BSP was issued on October 13, 2011.
The BSP is expected to be administratively approved by Staff in early November.
ALTERNATIVES: No action.
RECOMMENDED MOTION:
None proposed at this time. The acceptance of dedication and easements will be presented to
City Council for approval in early November.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
October 24, 2011
SUBJECT:
Amendment to Comcast franchise
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Proposed Ordinance adopting amendment to Comcast franchise
- Proposed amendment to Comcast franchise
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: City Attorney wrote the amendment &
ordinance.
DESCRIPTION:
Council is asked to review the attached proposed amendment to the franchise agreement with
Comcast. The amendment is to change the franchise fee payment schedule from quarterly to
monthly.
HISTORY:
The non-exclusive franchise with Comcast of Washington IV, Inc. was approved by the City
Council on April 6, 2009 and accepted by Comcast on June 4, 2009
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. Council will be asked to approve the proposed ordinance at the
November 7, 2011 Council meeting.
ORDINANCE NO. 2011-*** 1
ORDINANCE NO. 2011-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE COMCAST CABLE SYSTEM FRANCHISE
WHEREAS, the City of Arlington has approved a non-exclusive franchise to Comcast of
Washington IV, Inc., to operate a Cable System; and
WHEREAS, the City and Comcast have agreed to modify said franchise to provide for
more frequent payment of the franchise fees required therein;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. The non-exclusive franchise by and between the City of Arlington, WA
and COMCAST OF WASHINGTON IV, INC., approved by this City Council on April 6, 2009
and accepted by COMCAST OF WASHINGTON IV, INC. on June 4, 2009, shall be and hereby
is modified as provided in the Amendment to Franchise Agreement, attached hereto as Exhibit
“A”.
Section 2. Severability. If any such provision, section, or part of this ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2011.
CITY OF ARLINGTON
______________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
ORDINANCE NO. 2011-*** 2
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
AMENDMENT TO FRANCHISE
AGREEMENT 1
AMENDMENT TO FRANCHISE AGREEMENT
The parties hereto agree to amend that certain Franchise Agreement dated June 4, 2009
between the City of Arlington, WA (“City”) and Comcast of Washington IV, Inc., a Washington
corporation (“Grantee”), as follows:
1. Paragraph 3.2 of the Franchise Agreement shall be amended to read as follows:
3.2 Payments
Grantee’s fee payments to the City shall be computed quarterly monthly for each
preceding calendar quarter month. ending March 31, June 30, September 30, and
December 31. Each quarterly monthly payment shall be due and payable no later
than forty-five (45) days after said dates.
2. Paragraph 3.4 of the Franchise Agreement shall be amended to read as follows:
3.4 Quarterly Monthly Franchise Fee Reports
Each payment shall be accompanied by a written report to the City, verified by an
authorized representative of Grantee, containing an accurate statement in summarized
form, as well as in detail, of Grantee’s Gross Revenues and the computation of the
payment amount. Such reports shall detail all Gross Revenues of the Cable System
and shall be calculated in accordance with GAAP.
3. Paragraph 3.6 of the Franchise Agreement shall be amended to read as follows:
3.6 Late Payments
In the event any payment due quarterly monthly is not received within forty-five (45)
days from the end of the calendar quartermonth, Grantee shall pay interest on the
amount due at the rate of one percent (1%) per month, compounded daily, calculated
from the date the payment was originally due until the date the City receives the
payment.
4. In all other respects, the Franchise Agreement is unmodified and shall remain in full
force and effect.
AMENDMENT TO FRANCHISE
AGREEMENT 2
CITY OF ARLINGTON, WA
__________________________
Margaret Larson, Mayor
ATTEST:
_________________________
Kristin Banfield, City Clerk
COMCAST OF WASHINGTON IV, INC.
By: __________________________
Its ___________________
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
October 24, 2011
SUBJECT:
Review of Resolution & Ordinances for
Property Tax, Utility Tax, and the
formation of a Transportation Benefit
District
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Property Tax Resolution
- Utility Tax Ordinance
- Formation of a Transportation Benefit District
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete
DESCRIPTION:
Council is requested to review the attached resolution to set the 2012 property tax, an ordinance to
increase utility taxes, and an ordinance to form a Transportation Benefit District. . The Public
Hearings for all 3 items have been scheduled and published for November 7, 2011.
The City Council is required by state law to set an annual property tax levy by November 30th of
each year. A Public Hearing must be held prior to the setting of the property tax.
While a public hearing to increase utility taxes is not required, it is a good practice to do so.
Legislation passed in 1982 limits the tax rate that a legislative body may impose on electric, gas,
steam, and telephone utility services to six percent. Cellular telephone and pager services may be
taxed at the same rate as other telephone services. There are no restrictions on the tax rates for water,
sewer, and stormwater utilities. The rate on cable TV is required by Federal law to not be “unduly
discriminatory against cable operators and subscribers.” Because the proposed rates on all utilities
other than electric, gas, or telephone are proposed to be higher than six percent, staff believes that
these increases are not “unduly discriminatory.” Any tax changes for electric, telephone, and gas
utilities cannot take effect until the end of 60 days after enactment of the ordinance.
A Public Hearing is required prior to the formation of a Transportation Benefit District.
ALTERNATIVES:
Remand for further revision. If this alternative is selected, staff requests Council provide specific
direction on any revision.
RECOMMENDED MOTION:
No action at this time. Council will hold a public hearing on these three items at the November
7, 2011 Council meeting. The Council will discuss the comments received at the hearings on
November 14, 2011. The Council will be requested to take action on these three items on
November 21, 2011.
RESOLUTION NO. 2010-xxx
A RESOLUTION OF THE CITY OF ARLINGTON
TO INCREASE THE 2011 PROPERTY TAX LEVY
WHEREAS, the City Council of the City of Arlington has met and considered its budget for
the calendar year 2012; and
WHEREAS, the City’s actual levy amount from the previous year (2011) was $2,360,662 for
regular property taxes and $937,875 for Emergency Medical Services (EMS) property taxes.
WHEREAS, the population of the City of Arlington is more than 10,000, and
WHEREAS, the City Council of the City of Arlington after hearing and after duly considering
all relevant evidence and testimony, determined that the City of Arlington requires a 2012 regular
property tax levy in the amount of $ 2,391,761 (includes refunds), and an EMS tax levy in the
amount of $913,804 (includes refunds) and includes estimated amounts resulting from the
addition of new construction and improvements to property, any increases in the value of state-
assessed property, and amounts authorized by law as a result of any annexations that have
occurred and refunds made, in order to discharge the expected expenses and obligations of the
City and in its best interest; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington
Section 1. That an increase in the regular property tax levy is hereby authorized for the 2012
levy in the amount of $ 23,606, which is a percentage increase of 1% from the previous year.
Section 2. That a decrease in the EMS property tax levy is hereby calculated for the 2012 levy
in the amount of $24,072, which is a result of a reduction in Assessed Value of 9.46% from the
previous year and a maximum levy rate of 50 cents per $1,000 of Assessed Value.
Section 3. These increases are exclusive of additional revenue resulting from the addition of
new construction and improvements to property and any increases in the value of state assessed
property, and any additional amounts resulting from any annexations that have occurred and
refunds made, also known as “add-ons”.
Section 4. If any provision, section, or part of this resolution shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a
regular meeting held on the 21st day of November, 2011.
_____________________________
ATTEST: Margaret Larson, Mayor
___________________________
City Clerk
APPROVED AS TO FORM:
___________________________
City Attorney
ORDINANCE NO. 2010-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE ARLINGTON
MUNICIPAL CODE CHAPTER 3.16 TO INCREASE THE RATE OF UTILITY TAXES FOR ELECTRICAL,
COAXIAL TELEVISION CABLE TELEVISION, WATER, SEWER, STORMWATER AND GARBAGE
SERVICES
WHEREAS, the City of Arlington, Washington has the authority to enact laws to tax
certain activities occurring within the City; and
WHEREAS, the City levies utility taxes upon providers of electrical, coaxial cable
television, water, sewer and garbage services to the public; and
WHEREAS, the City Council believes it is in the best interest of its citizens to increase the
electrical, coaxial television cable, water, sewer, stormwater and garbage services utility taxes
for the purpose of providing ensuring the ability to continuing a reasonable level of services to
the public;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code section 3.16.040 shall be amended to read as
follows:
3.16.040 Business activities subject to tax – Amounts. There shall be levied upon
and shall be collected from all persons engaging in the following utility
business activities a utility gross receipts tax or license fee measured by
multiplying the rate specified times the gross income as follows:
(1) Upon every person engaged within the city in the business of
selling and supplying domestic water, sewer service or collecting or
disposing of garbage and/or sewerage or other wastes (including
stormwater), a fee or tax equal to five eight percent of the total gross
income;
(2) Upon every person engaged within the city in or carrying on a
coaxial cable television business, a fee or tax equal to six eight percent
of the total gross income from such business in the city during the
current calendar year from which the license is required;
(3) Upon any telephone business there shall be levied a tax equal to
six percent of the total gross operating revenues, including revenues
from intrastate toll, derived from the operation of such business within
the city;
(4) Upon every person engaged within the city in or carrying on the
sales, delivery, distribution or furnishing or natural gas for domestic,
business or industrial consumption, a fee or tax equal to six percent of
the total gross revenue from such business in the city;
(5) Upon every public utility district engaged in or carrying on the
sale of electricity within the city limits, a fee or tax equal to five six
percent of the total gross revenue from such business in the city, except
for revenues derived from the sale of electricity for the purpose of
resale.
Section 2. Severability. If any provision, section, or part of this
ordinance shall be adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the ordinance as a whole or
any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. This ordinance shall be effective on January
1, 2012, a date more than sixty days from its adoption and publication
as required by RCW 35.21.865.
PASSED BY the City Council and APPROVED by the Mayor this 3rd day of
October, 2011.
CITY OF ARLINGTON
Margaret Larson, Mayor
Attest:
Kristin Banfield, City Clerk
Approved as to form:
Steven J. Peiffle, City Attorney
Comment [SJP1]: 1.MRSC recommends that
every utility tax ordinance include a referendum
clause. This is because a utility tax may be
considered a business and occupation tax for
which a referendum procedure is statutorily
required, both when the tax is first imposed and
when it is increased. If a citizen files a referendum
petition with enough signatures, then a vote of the
people is required for any utility tax rate action.
ORDINANCE NO. 2011-xxx 1
ORDINANCE NO. 2011-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, ESTABLISHING A TRANSPORTATION BENEFIT
DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF
ARLINGTON, SPECIFYING THE MAINTENANCE AND PRESERVATION
OF EXISTING TRANSPORTATION IMPROVEMENTS, PROVIDING FOR
ADDITIONAL TRANSPORTATION IMPROVEMENTS AND AMENDING
THE ARLINGTON MUNICIPAL CODE TO ENACT A NEW CHAPTER 12.04
ENTITLED “ARLINGTON TRANSPORTATION BENEFIT DISTRICT”.
WHEREAS, the City of Arlington has the responsibility under the Constitution of the
State of Washington for the improvement, maintenance, and protection of public ways within the
corporate limits of the City pursuant to Chapter 35A.11 RCW; and
WHEREAS, the improvement, maintenance, and protection and operation of public ways
requires providing necessary transportation improvements and preserving existing transportation
improvements to avoid catastrophic failure of the improvements which would require significant
additional funds to reconstruct, as well as their gradual deterioration; and
WHEREAS, the number one priority in the “Washington Transportation Plan for 2007-
2026” adopted by the Washington Transportation Commission (“State Transportation Plan”) is
to preserve and extend prior investments in existing transportation facilities and the services they
provide to people and commerce; and
WHEREAS, the State Transportation Plan identifies that there is no more fundamental
transportation investment than existing system preservation – keeping the physical infrastructure
in safe and efficient operating condition; and
WHEREAS, the investment principles from the Puget Sound Regional Council
“Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound Region” states
that the first priority should be to maintain, preserve, make safe and optimize existing
transportation infrastructure and services; and
WHEREAS, the City is committed to completing various transportation projects
identified in the City of Arlington Comprehensive Plan Transportation Element 20-Year List of
Projects; and
WHEREAS, the City has limited transportation funding to pay for necessary
transportation preservation and maintenance; and
WHEREAS, the funding dedicated for the preservation and maintenance of the City’s
transportation infrastructure has been dramatically reduced in recent years due to the action of
several statewide initiatives, but the ongoing annual costs to preserve and maintain the City’s
ORDINANCE NO. 2011-xxx 2
transportation infrastructure continue to rise, making it difficult for the City to sufficiently
address these issues; and
WHEREAS, the City desires to improve its modal connectivity to facilitate better overall
transportation within the City of Arlington; and
WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation benefit
districts and for the levying of additional revenue sources for transportation improvements within
the District that are consistent with existing state, regional and local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels; and
WHEREAS, RCW 35.21.225 authorizes the City Council to establish a Transportation
Benefit District subject to the provisions of Chapter 36.73 RCW; and
WHEREAS, the City desires to form a Transportation Benefit District which includes the
entire City of Arlington as the boundaries currently exist or are hereafter expanded due to
annexation; and
WHEREAS, prior to establishing a Transportation Benefit District, the City Council is
required to conduct a public hearing upon proper notice to describe the functions and purposes of
the proposed Transportation Benefit District; and
WHEREAS, the City provided proper notice, conducted a public hearing on November 7,
2011 and took public comment regarding the proposed establishment of a Transportation Benefit
District in accordance with RCW 36.73.050; and
WHEREAS, the City Council of the City of Arlington finds it to be in the best interests of
the City to establish a citywide Transportation Benefit District for transportation improvements
that improve modal connectivity and for the preservation and maintenance of the City’s
transportation infrastructure consistent with Chapter 36.73 RCW, to protect the City’s long term
investments in that infrastructure, to reduce the risk of transportation facility failure, to improve
safety, to continue optimal performance of the infrastructure over time, to avoid more expensive
infrastructure replacements in the future; and to implement the City’s Transportation
Improvement Plan, and
WHEREAS, the City Council of the City of Arlington shall establish a governing body
for the Transportation Benefit District comprised of the City Council acting in an ex officio and
independent capacity.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this Ordinance is to establish a Transportation
Benefit District pursuant to RCW 35.21.225 and Chapter 36.73 RCW.
ORDINANCE NO. 2011-xxx 3
Section 2. Findings. The City Council finds it is in the public interest to provide
adequate levels of funding to make transportation improvements that are consistent with existing
state, regional, and local transportation plans and necessitated by existing or reasonably
foreseeable congestion levels as provided in Chapter 36.73 RCW. Council further finds that it is
in the public interest to provide for transportation improvements that improve modal connectivity
and that specifically focus on protecting the City’s long term investments in its infrastructure,
reducing the risk of transportation facility failure, improving safety, continuing optimal
performance of the infrastructure over time, and avoiding more expensive infrastructure
replacements in the future.
Section 3. A new Chapter 12.04 of the Arlington Municipal Code entitled Transportation
Benefit District, is hereby created to read as follows:
Chapter 12.04
Transportation Benefit District
12.04.010 Transportation Benefit District Established
12.04.020 Governing Board
12.04.030 Authority of the District
12.04.040 Use of Funds
12.04.050 Dissolution of District
12.04.060 Liberal Construction
12.04.010 Transportation Benefit District Established.
There is created a transportation benefit district to be known as the Arlington Transportation
Benefit District or “District”, with geographical boundaries comprised of the corporate limits of
the City as they currently exist or as they may exist following future annexations.
12.04.020 Governing Board.
A. The governing board of the Transportation Benefit District shall be the Arlington City
Council acting in an ex officio and independent capacity, which shall have the authority to
exercise the statutory powers set forth in Chapter 36.73 RCW.
B. The treasurer of the Transportation Benefit District shall be the City Finance Director.
C. The Board shall develop a material change policy to address major plan changes that affect
project delivery or the ability to finance the plan, pursuant to the requirements set forth in
RCW 36.73.160(1).
D. The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).
E. Meetings of the TBD Board shall be governed by the procedural rules applicable to
meetings of the City Council, as these rules may be amended by the City Council from
time to time. TBD Board actions s ha ll be taken in the same manner and follow the same
procedure used for the adoption of Ci ty Council resolutions. Meetings of the TBD Board
shall, whenever possible, take place on t he same dates scheduled for City Council
meetings.
ORDINANCE NO. 2011-xxx 4
F. The Arlington City Attorney will serve as legal advisor to the TBD Board, except where
separate counsel is engaged by the TBD.
G. The Mayor shall serve as the chair of the TBD Board and s hall preside over all meetings
of the TBD Board.
12.04.030 Authority of the District.
A. The District may authorize a vehicle tax fee up to the maximum fee provided for in RCW
36.73.065.
B. When authorized by the voters pursuant to the requirements of Chapter 36.73 RCW, other
taxes, fees, charges and tolls or increases in revenue services may be assessed for the
preservation, maintenance, and operation of City streets.
C. The Board shall have and may exercise any powers provided by law to fulfill the purpose of
the District.
12.04.040 Use of Funds.
The funds generated by the Transportation Benefit District may be used for any purpose allowed
by law including to operate the District and to make transportation improvements that are
consistent with existing state, regional, and local transportation plans and necessitated by
existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The
transportation improvements funded by the district shall be made in an effort to protect the City’s
long term investments in its infrastructure, to reduce the risk of transportation facility failure, to
improve safety, to continue optimal performance of the infrastructure over time, to avoid more
expensive infrastructure replacements in the future and to improve modal connectivity within the
City of Arlington. Additional transportation improvement projects of the district may be funded
only after compliance with the provisions of RCW 36.73.050(b).
12.04.050 Dissolution of District.
The Transportation Benefit District shall be automatically dissolved when all indebtedness of the
district has been retired and when the entire District’s anticipated responsibilities have been
satisfied.
12.04.060 Liberal Construction.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit
the accomplishment of its purposes.
Section 4. Severability. If any one or more sections, subsections, or sentences of this
ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of
the remaining portion of this ordinance and the same shall remain in full force and effect.
Section 5. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
ORDINANCE NO. 2011-xxx 5
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2011.
CITY OF ARLINGTON
______________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney