HomeMy WebLinkAbout2012-015 ORDINANCE NO. 2012-015
AN ORDINANCE of the City of Arlington, Washington, adopting the City of
Arlington Shoreline Master Program Update, including adopting the new shoreline
designations map and amending goals, policies and regulations; amending the
Comprehensive Plan; and amending Chapters 2.14, 2.16, and 16.12, and Title 18 of
the Arlington Municipal Code.
WHEREAS, the Washington Shoreline Management Act (RCW 90.58, referred to
herein as "SMA")recog
nizes that shorelines are among the most valuable and fragile
resources of the state,and that state and local government must establish a coordinated
planning program to address the types and effects of development occurring along
shorelines of state-wide significance; and
WHEREAS,the City of Arlington (City) adopted a Comprehensive Plan on
December 5, 2005, which established goals and policies for managing the land,
shorelines and resources areas of the City; and
WHEREAS, in 1974 the City adopted a Shoreline Master Program(Ordinance
96-38), which took effect upon Washington State Department of Ecology approval on
November 26, 1996; and
WHEREAS,on December 5, 2011 the City adopted Ordinance 11-03 0 which
adopted new floodplain/floodway management regulations; and
WHEREAS, The City is required to update its Shoreline Master Program pursuant
to the SMA and WAC 173-26; and
WHEREAS, extensive public participation was conducted with respect to
updating the City's Shoreline Master Program, including but not limited holding 17
public meetings, open houses, meeting with property owners and soliciting opinions from
federal, state, regional and local agencies and other interested parties including the
Department of Ecology and local tribes; and
WHEREAS, on October 28, 2011 a Determination of Non-Significance consistent
with the State Environmental Policy Act(RCW 43.21 C) was published; and
WHEREAS, on October 4, 2011 the Planning Commission held a public hearing
on the Shoreline Master Program Update consistent with WAC 173-26-100, at which
time members of the public had the opportunity to present testimony and other evidence
in favor of or against the proposed amendments; and
WHEREAS, on November 7, 2011 the City Council considered the Planning
ORDINANCE NO. 2012-015 1
Commission's recommendation relating to the Shoreline Master Program Update and
associated amendments , and held a duly noticed public hearing on that date consistent
with WAC 173-26-100,and all public testimony has been given full consideration; and
WHEREAS, the Department of Ecology has given approval to the City's
Shoreline Master Plan update based on changes which have now been incorporated into
the City's plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, DOES ORDAIN, AS FOLLOWS:
Section 1. The City Council hereby concludes the following with regard to the
Arlington Shoreline Master Program as adopted and approved in this ordinance:
A. Implementation of the Shoreline Master Program Update will result in "no
net loss" of shoreline ecological functions relative to the established baseline
and may ultimately produce an improvement in shoreline ecological functions
through incentive-based restoration; and
B. The Shoreline Master Program Update is consistent with and meets the
State Shoreline Master Program Guidelines established under Chapter 173-26
WAC; and
C. The Shoreline Master Program Update is consistent with and implements
the Shoreline Management Act(Chapter 90.58 RCW) and the Growth
Management Act(Chapter 36.70A RCW).
Section 2. The City Council hereby adopts the amended City of Arlington
Shoreline Master Program, including new Shoreline Designations Map, a copy of which
is attached to this ordinance as Exhibit 1 and incorporated herein by this reference.
Section 3. Chapter 20.92 of the City of Arlington Municipal Code is hereby
amended to include the regulations of the Shoreline Master Program, including the
Shoreline Designations Map, a copy of which is attached to this ordinance as Exhibit 1
and incorporated herein by this reference.
Section 4. Section 12-7 of the City of Arlington Comprehensive Plan is hereby
amended to read as follows:
The City has adopted the Shoreline Master Plan Update 2012 as its
Shoreline Master Plan.
Section 5. Severability. Should any section, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ORDINANCE NO. 2012-015 2
Ordinance be pre-empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 6. Effective Date. This ordinance shall be published as required by law
and shall be effective five days after its publication or fourteen (14) days following Final
Action by the Department of Ecology approving the amendment, whichever occurs later.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF
ON THE L&DAY OF AUGUST, 2012.
CITY OF ARLINGTON, WASHINGTON
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
Kris 'n Banfield, City Cl rk
APPROVED AS TO FORM:
S ven J e fle, Attorney
ORDINANCE NO. 2012-015 3
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance #2012-015
was approved at the August 6, 2012 City Council meeting.
ORDINANCE #2012-015
"AN ORDINANCE of the City of Arlington, Washington, adopting the City of
Arlington Shoreline Master Program Update, including adopting the new
shoreline designations map and amending goals, policies and regulations;
amending the Comprehensive Plan; and amending Chapters 2.14, 2.16, and 16.12,
and Title 18 of the Arlington Municipal Code."
A true and correct copy of the original ordinance is attached.
Dated this 7th day of August, 2012.
AiL
Kristin anfield
City Cler for the City of Arlington
CITY OF ARLINGTON
GRANT NO.G1000035
CITY OF ARLINGTON
SHORELINE MASTER PROGRAM
Amended Per Dept. Ecology Letter July 2, 2012, adopted by City Council August 6, 2012
Prepared for:
City of Arlington
238 North Olympic Avenue
Arlington, WA 98223
Prepared by:
THE ♦
WATERSHED City of Arlington
and 238 North Olympic Avenue
COMPANY
% Arlington, WA 98223
750 Sixth Street South
Kirkland . WA 98033
p 425.822.5242
f 425.827.8136
watershedco.com
This report was funded in part
through a grant from the September 2011
Washington Department of
E c o 1. u c I Ecology. The Watershed Company
Reference Number:
090105
The Watershed Company Contact Persons:
Dan Nickel
Mark Daniel
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
5.15 Mining.............................................................................................................79
5.16 Moorage Facilities.........................................................................................79
5.17 Recreational Development...........................................................................79
5.17.1 Policies..............................................................................................................79
5.17.2 Regulations .......................................................................................................80
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..................................................................................84
5.20.1 Policies..............................................................................................................84
5.20.2 Regulations .......................................................................................................86
5.21 Signage..........................................................................................................96
5.21.1 Policies.................................................................................1..... ... . I........ ......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
EXECUTIVE SUMMARY
Washington's Shoreline Management Act(SMA) was passed by the legislature in 1971
and affirmed by voters in 1972. All local jurisdictions with shorelines subject to
regulation under the SMA are required to update their shoreline master programs
(SMPs) in order to comply with the current SMP Guidelines. SMPs are comprehensive
shoreline plans, mutually adopted by local governments and the Washington State
Department of Ecology (Ecology), that regulate shoreline use and development in areas
subject to regulation under the SMA. Under these Guidelines, 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
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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.artingtonwa.gov/index.asi2x?12age=61
5
master programs for shorelines of statewide significance, shall give preference to uses in
the following order of preference which:
(1) Recognize and protect the statewide interest over local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
In the implementation of this policy the public's opportunity to enjoy the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the greatest
extent feasible consistent with the overall best interest of the state and the people
generally. To this end uses shall be preferred which are consistent with control of
pollution and prevention of damage to the natural environment, or are unique to or
dependent upon use of the state's shoreline. Alterations of the natural condition of the
shorelines of the state, in those limited instances when authorized, shall be given priority
for single family residences and their appurtenant structures,ports, shoreline
recreational uses including but not limited to parks, marinas, piers, and other
improvements facilitating public access to shorelines of the state, industrial and
commercial developments which are particularly dependent on their location on or use of
the shorelines of the state and other development that will provide an opportunity for
substantial numbers of the people to enjoy the shorelines of the state. Alterations of the
natural condition of the shorelines and shorelands of the state shall be recognized by the
department. Shorelines and shorelands of the state shall be appropriately classified and
these classifications shall be revised when circumstances warrant regardless of whether
the change in circumstances occurs through man-made causes or natural causes. Any
areas resulting from alterations of the natural condition of the shorelines and shorelands
of the state no longer meeting the definition of"shorelines of the state"shall not be
subject to the provisions of chapter 90.58 RCW.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner
to minimize, insofar as practical, any resultant damage to the ecology and environment of
the shoreline area and any interference with the public's use of the water.
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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 state's shoreline areas; and(WAC 173-26-241(2)(a)(i))
E. Reduce use conflicts by including provisions to prohibit or apply special conditions
to those uses which are not consistent with the control of pollution and prevention of
damage to the natural environment or are not unique to or dependent upon use of
the state's shoreline. In implementing this provision, preference shall be given first
to water-dependent uses, then to water-related uses and water-enjoyment uses; and
(WAC 173-26-241(2)(a)(iii)).
F. Assure no net loss of ecological functions associated with the shoreline; and (WAC
173-26-241(2)(a)(iv)).
1.5 Relationship to Other Codes, Ordinances and Plans
All applicable federal, state, and local laws shall apply to properties in the shoreline
jurisdiction.
Consistent with RCW 36.70A.480, the goals and policies of this SMP approved under
Chapter 90.58 RCW shall be considered an element of the City of Arlington
Comprehensive Plan. All regulatory elements of this SMP, including,but not limited to
definitions and use regulations, shall be considered a part of the City of Arlington's
development regulations. Snohomish County (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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2 GOALS AND OBJECTIVES
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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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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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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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.
3.2 Environment Designations
This SMP is intended to meet the requirements in WAC 173-26-211. It states that:
Master programs shall contain a system to classify shoreline areas into specific
environment designations. This classification system shall be based on the existing use
pattern, the biological and physical character of the shoreline, and the goals and
aspirations of the community as expressed through comprehensive plans as well as the
criteria in this section. Each master program's classification system shall be consistent
with that described in WAC 173-26-211 (4)and (5) unless the alternative proposed
provides equal or better implementation of the act.
This SMP is consistent with these requirements, deviating from WAC 173-26-211 (4) and
(5) with the addition of a new environment designation tailored to local circumstances.
Each environment designation contains 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 structure's intended use.
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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
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 area's physical and biological resources and uses that do not
substantially degrade ecological functions or the rural or natural character of
the shoreline area. Shoreline habitat restoration and environmental
enhancement are preferred uses.
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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
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.
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E. If any part of a proposed development is not eligible for exemption, then a shoreline
permit is required for the entire proposed development project.
F. A development or use that is listed as a Conditional Use pursuant to this SMP, or is
an unlisted use,must obtain a Shoreline Conditional Use Permit even though the
development or use 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
23
Table 3-1 Shoreline Use and Modification Matrix.
LEGEND
SD/E= Permitted, may be subject to
Shoreline Substantial Development c 5
Permit or shoreline exemption m E
CU = Shoreline Conditional Use o y d r d
X = Prohibited, the use is not eligible � o c c c a
for a Shoreline Variance or 2 d v °�' v cn
Shoreline Conditional Use Permit; $ N M c M
or not applicable a = m _ O
Shoreline Use
Agriculture X X SD/E X
A uaculture CU CU CU CU
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 2 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
Si na e
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 Parkin
Parking, primaryX X X X
Parking, accessory X SD/E SD/E 4 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
25
Table 3-2 Shoreline Development Standards Matrix.
LEGEND
V v
NA = Not applicable CD c
75 r
Z.
Note: All dimensions are in feet. 0
C H C v
(Q N O C O R
V V V OD V N
O c C C C c
IC eC
C N N 3 CL
O
Q xm » � O
Shoreline Buffer—All Uses NA 30 150 150
Shoreline Environmentally Critical Areas NA See Appendix B
Buffers
Shoreline Lot Frontage Minimum— NA 60 NA NA
Residential
Side Yard Setback Minimum —Residential NA 5 NA NA
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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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
29
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))
31
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.
33
chapter 27.53 RCW(Archaeological sites and records) and development or uses that
may impact such sites shall comply with chapter 25-48 WAC, as well as the
provisions of this shoreline master program(SMP). (WAC 173-26-221(1)(a))
4.2 Ecological Protection and Critical Areas
4.2.1 Policies (based on WAC 173-26-201(2)(c) and 173-26-221(2))
A. No net loss of ecological functions. Shoreline use and development should be
carried out in a manner that prevents or mitigates adverse impacts,both on site and
to the extent that impacts may propagate up- or downstream, so that the resulting
ecological condition does not become worse than the current condition. For each
development, this means assuring no net loss of ecological functions and processes
relative to the existing condition, protecting 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.
35
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 or ten-year tree and shrub 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.
37
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))
39
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))
41
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.
43
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
45
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
47
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,
49
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
51
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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5 SHORELINE MODIFICATIONS AND USES
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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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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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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with park and recreation plans and, where feasible, collocated with other compatible
water-dependent uses. Review of such facilities should be coordinated with
recreation providers,including other local governments,Tribes, adjacent counties,
the Washington State Parks and Recreation Commission, and the Washington State
Department of Natural Resources,to avoid unnecessary duplication and to
efficiently provide recreational resources while minimizing adverse impacts to
shoreline ecological functions and processes. (consistent with principles in WAC 173-
26-231(2)(b, d))
C. Minimize in-water modifications. Boating facilities that minimize the amount of
shoreline modification, in-water structure, and overwater cover are preferred.
(consistent with principles in WAC 173-26-231(2)(b, d))
D. Limitations on accessory uses. Accessory uses at boating facilities should be limited
to water-oriented uses, or uses that provide physical and/or visual shoreline access
for substantial numbers of the general public. Non-water-dependent accessory uses
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.
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2. All boating facilities shall be the minimum size necessary to accommodate
the anticipated demand. Specifically, the amount of overwater cover, the size
and number of in-water structures, the waterward length of the facility, and
the extent of any necessary associated shoreline stabilization or modification
shall be minimized. Specific sizing of all boating facility components shall be
based on the results of the analyses conducted under F.1 and F.2 below.
C. Site Design and Operation.
1. Boating facilities shall be designed so that lawfully existing or planned public
shoreline access is not blocked, obstructed nor made dangerous. (WAC 173-
26-241(3)(c)(i, iv)
2. Boat launches shall provide physical and/or visual public access for as many
water-oriented recreational uses as possible, commensurate with the scale of
the proposal. Features for access could include,but are not limited to, walk-
on access, fishing platforms, and viewing platforms.
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))
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use of existing facilities is documented to exceed the designed capacity. Prior
to providing boat launches at a new location, documentation shall be
provided demonstrating that expansion of existing launch facilities would
not be adequate to meet demand. (consistent with WAC 173-26-231(2)(b))
5.6 Breakwaters, Jetties, Groins, Weirs
Breakwaters,jetties, groins, and weirs are prohibited in shoreline jurisdiction under this
SMP, 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 City's
codes pertaining to land clearing and grading. Clearing and grading below the
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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.
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.
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B. Dredging of bottom materials for the primary purpose of obtaining material for
landfill, construction, or beach nourishment should not be permitted.
C. Minor dredging as part of ecological restoration or enhancement,beach
nourishment,public access or public recreation should be permitted if consistent
with this SMP.
D. Spoil disposal on land outside of shoreline jurisdiction is generally preferred over
open water disposal. Disposal of dredged material on shorelands or wetlands
within a river's channel migration zone should be 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.
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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
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.
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10. Hydraulic modeling studies sufficient to identify existing geo-hydraulic
patterns and probable effects of dredging.
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 (SMP Appendix
B).
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.
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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.
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(TESL)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
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and without significant adverse impacts to preferred land uses and public access
features.
C. Public Access. See Section 4.4.
5.14 In-Water Structures
In-water structures include those placed by humans within streams and rivers for
hydroelectric generation, irrigation, water supply, flood control, transportation, utilities,
fish habitat enhancement, recreation, or other purpose. Structures placed waterward of
the OHWM have the potential to cause water impoundment or the diversion,
obstruction, or modification of water flow, 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.
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J. Design of in-water structures shall include access to public shorelines whenever
possible,unless it is demonstrated that public access would cause unavoidable
public health and safety hazards, security problems,unmitigatable ecological
impacts,unavoidable conflicts with proposed uses, or unreasonable cost. At a
minimum, in-water structures should not decrease public access or use potential of
shorelines.
K. In-water structures shall be designed to minimize safety hazards and prevent the
creation of obstructions to water navigation.
5.15 Mining
Mining (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).
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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
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 4.6.2.1) 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.
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Washington Department of Natural Resources, National Marine Fisheries Service
and/or U.S.Fish and Wildlife Service.
C. The City should, and private entities are encouraged to, seek funding from state,
federal, private and other sources to implement restoration,enhancement, and
acquisition projects, particularly those that are identified in the Restoration Plan of
this SMP or the local watershed plans.
D. The City should develop processing guidelines that will streamline the review of
restoration-only projects.
E. Restoration and enhancement projects should be coordinated with local Tribes,
volunteer groups and conservation districts.
F. Allow for the use of tax incentive programs, mitigation banking, grants,land swaps,
or other programs, as they are developed, to encourage restoration and enhancement
of shoreline ecological functions and to protect habitat for fish, wildlife, and plants.
5.19.2 Regulations (based on WAC 173-26-231(3)(g))
A. Restoration and enhancement shall be carried out in accordance with an approved
shoreline restoration plan.
B. All shoreline restoration and enhancement projects shall protect the integrity of
adjacent natural resources, including aquatic habitats and water quality.
C. Long-term maintenance and monitoring shall be included in restoration or
enhancement proposals.
D. Shoreline restoration and enhancement may be allowed if the project applicant
demonstrates that no undesired change to sediment transport or river current will
result and that the enhancement will not adversely affect ecological processes,
properties, or habitat.
E. Shoreline restoration and enhancement projects shall be designed using the best
available scientific and technical information, and implemented using best
management practices.
F. Shoreline restoration and enhancement shall not significantly interfere with the
normal public use of the navigable waters of the state without appropriate
mitigation.
G. Shoreline restoration and ecological enhancement projects may be permitted in all
shoreline environments provided the project's purpose is the restoration of the
natural character and ecological functions of the shoreline.
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D. New or expanded structural shoreline stabilization should only be permitted where
demonstrated to be necessary to protect an existing primary structure, including
residences, that is in danger of loss or substantial damage, and where mitigation of
impacts would not cause a net loss of shoreline ecological functions and processes.
E. New or expanded structural shoreline stabilization for enhancement, restoration, or
hazardous substance remediation projects should only be allowed when non-
structural measures, vegetation planting, or on-site drainage improvements would
be insufficient to achieve enhancement, restoration or remediation objectives.
F. Shoreline stabilization on streams should be located and designed to fit the physical
character and hydraulic energy potential of a specific shoreline reach, which may
differ substantially from adjacent reaches.
G. Shoreline stabilization should not be permitted when it interferes with public access
to shorelines of the state,nor with other appropriate shoreline uses including,but
not limited to,navigation or private recreation.
H. In addition to conformance with the regulations in this section, non-regulatory
methods to protect, enhance, and restore shoreline ecological functions and other
shoreline resources should be encouraged for shore stabilization. Non-regulatory
methods may include public facility and resource planning,technical assistance,
education,voluntary enhancement and restoration projects, or other incentive
programs.
I. Shoreline stabilization should be developed in a coordinated manner among affected
property owners and public agencies,particularly those that cross jurisdictional
boundaries, to address ecological and geo-hydraulic processes, sediment
conveyance, and beach management issues. Where beach erosion threatens existing
development, a comprehensive program for shoreline management should be
established by the multiple affected property owners.
J. Provisions for multiple use, restoration, and/or public shore access should be
incorporated into the location, design and maintenance of shore stabilization for
public or quasi-public developments whenever safely compatible with the primary
purpose. Shore stabilization on publicly owned shorelines should not be allowed to
decrease long-term public use of the shoreline.
K. Materials used for construction of shoreline stabilization should be selected for long-
term durability, ease of maintenance,compatibility with local shoreline features
including aesthetic values, ability to provide fish and wildlife habitat, and flexibility
for future uses.
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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:
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
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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)).
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
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8. Stairs or other water access measures may be incorporated into the shoreline
stabilization(e.g., steps integrated into the bulkhead, coved area with
shallow entry),but shall not extend waterward of the shoreline stabilization
measure and the OHWM.
9. The shoreline stabilization measure shall be designed to ensure that it does
not restrict appropriate public access to the shoreline. When a structural
shoreline stabilization measure is required at a public access site, provisions
for safe access to the water shall be incorporated into the shoreline
stabilization structure design(e.g., steps integrated into the bulkhead, coved
area with shallow entry). Access measures should not extend farther
waterward than the face of the shoreline stabilization measure and the
OHWM.
10. Shoreline stabilization measures shall not extend waterward more than the
minimum amount necessary to achieve effective stabilization, except for
those elements that enhance shoreline ecological functions and minimize
impacts.
11. When repair or replacement shoreline stabilization measures intended to
improve ecological functions shift the OHWM landward of the pre-
modification location, any buffers from the OHWM or lot area for the
purposes of calculating lot coverage shall be measured from the pre-
modification location. The pre-modification OHWM shall be recorded in a
form approved by the City and recorded with Snohomish County. 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 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
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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.
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.
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(2) Correcting any on-site groundwater or drainage issues that
may be causing shoreline erosion.
d. An assessment of the feasibility of using soft shoreline stabilization
measures in lieu of hard structural shoreline stabilization measures.
Soft structural shoreline stabilization may include the use of gravels,
cobbles,boulders, and logs, as well as vegetation.
e. Design recommendations for minimizing impacts of an
g g p Y 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;
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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.
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.
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F. General Maintenance and Reconstruction. Road maintenance and reconstruction
should be allowed in accordance with best management practices adopted by the
City and the State of Washington Department of Transportation.
G. Trails. Multi-purpose trails should be encouraged in shoreline jurisdiction
consistent with public access policies and regulations in Section 4.4.
H. Appropriate Bridges and Culverts. Road design for stream crossings should
consider appropriate bridge and culvert designs based on federal, state, or local
standards,for example,Washington Department of Fish and Wildlife's 2003 Design
of Road Culverts for Fish Passage.
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.
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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.
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)(1))
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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6.2.2 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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7 SHORELINE PERMITS, PROCEDURES AND
ADMINISTRATION
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-
150)
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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7.3.4 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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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 applicant's own actions;
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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 7.10.13
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.
ill
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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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 Ecology's
approval, approval with conditions, or denial, and shall indicate that the revision is
being submitted under the requirements of this subsection. Ecology shall render and
transmit to the City and the applicant its final decision within fifteen(15) days of the
date of Ecology's receipt of the submittal from the City. The City shall notify parties
of record of Ecology's final decision.
7.11.5 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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8 DEFINITIONS
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;upland finfish rearing facilities;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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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/Enviro=entalReview/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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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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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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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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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 has been established
in federal emergency management agency flood insurance rate maps.
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.
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
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channel movement and reconfiguration, recruitment and transport of sediment and
large wood, and nutrient and pollutant transport, removal and deposition.
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 project's primary intended use.
D. The action's relative public costs and public benefits, considered in the short- and
long-term time frames, show the costs far outweigh the benefits.
In cases where this SMP requires certain actions unless they are infeasible, the burden of
proving infeasibility is on the applicant. In determining an action's infeasibility,the City
may weigh the action's relative public costs and public benefits, considered in the short-
and long-term time frames. (WAC 173-26-020(13))
INDUSTRIAL DEVELOPMENT. Facilities for processing, manufacturing, and storage
of finished or semi-finished goods, including but not limited to oil,metal or mineral
product refining, power generating facilities,including hydropower, ship building and
major repair, storage and repair of large trucks and other large vehicles or heavy
equipment,related storage of fuels, commercial storage and repair of fishing gear,
warehousing construction contractors' offices and material/equipment storage yards,
wholesale trade or storage, and log storage on land or water, together with necessary
accessory uses such as parking,loading, and waste storage and treatment. Excluded
from this definition are mining including onsite processing of raw materials, and off site
utility, solid waste,road or railway development, and methane digesters that are
accessory to an agricultural use.
INDUSTRIAL USES. The production, processing, manufacturing, or fabrication of
goods or materials,including warehousing and storage of materials or production.
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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.
MITIGATION(or MITIGATION SEQUENCING). The process of avoiding, reducing,
or compensating for the environmental impacts)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.
131
1, 1971;RCW 90.58.920) or this SMP(August 6,2012), 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.
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).
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A. State-listed or state proposed species. State-listed species are those native fish and
wildlife species legally designated as endangered(WAC 232-12-014),threatened
(WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those
fish and wildlife species that will be reviewed by the Department of Fish and
Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive
according to the process and criteria defined in WAC 232-12-297.
B. Vulnerable aggregations. Vulnerable aggregations include those species or groups
of animals susceptible to significant population declines, within a specific area or
statewide,by virtue of their inclination to congregate. Examples include heron
colonies, seabird concentrations, and marine mammal congregations.
C. Species of recreational, commercial, and/or tribal importance. Native and nonnative
fish, shellfish, and wildlife species of recreational or commercial importance and
recognized species used for tribal ceremonial and subsistence purposes that are
vulnerable to habitat loss or degradation.
D. Species listed under the federal Endangered Species Act as either proposed,
threatened, or endangered (WAC).
PROVISIONS. Policies, regulations, standards, guideline criteria or designations.
(WAC 173-26-020(26))
PUBLIC ACCESS. The public's right to reach and use the State's public waters,the
water/land interface, and associated shoreline area. It includes physical access that is
either lateral(areas paralleling the shore) or perpendicular (an easement or public
corridor to the shore), and visual access facilitated by means such as scenic roads and
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).
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:
135
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)).
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.
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SHORELINE JURISDICTION. The term describing all of the geographic areas covered
by the SMA, related rules and this SMP. Also, such areas within a specified local
government's authority, 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 city's comprehensive plan. All other portions of the shoreline
master program for a county or city adopted under chapter 90.58 RCW, including use
regulations, shall be considered a part of the county or city's development regulations.
(WAC 173-26-020(30))
SHORELINE PERMIT. A substantial development, Conditional Use, revision, or
variance permit or any combination thereof.
SHORELINE PROPERTY. An individual property wholly or partially within shoreline
jurisdiction.
SHORELINE STABILIZATION. Structural or non-structural modifications to the
existing shoreline intended to reduce or prevent erosion of uplands or beaches. They are
generally located parallel to the shoreline at or near the OHWM. Other construction
classified as shore stabilization may include groins,jetties, log jams and bio-engineered
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
139
SOFT STRUCTURAL SHORELINE STABILIZATION. Shoreline erosion control and
restoration practices that contribute to restoration,protection or enhancement of
shoreline ecological functions. Soft structural shoreline stabilization typically includes a
mix of gravels, cobbles,boulders,logs and native vegetation placed to provide shore
stability in a non-linear, generally sloping arrangement.
STATE MASTER PROGRAM. The cumulative total of all shoreline master programs
and amendments thereto approved, or adopted by rule,by Ecology. (WAC 173-26-
020(34))
STORMWATER. That portion of precipitation that does not normally percolate into the
ground or evaporate but flows via overland flow,interflow, channels,ponds, or pipes
into a defined surface water channel or constructed infiltration facility.
STORMWATER FACILITY. A constructed component of a stormwater drainage
system designed or constructed to perform a particular function or multiple functions.
Stormwater facilities include, but are not limited to: pipes, swales, ditches, culverts,
street gutters, detention ponds, retention ponds, constructed wetlands, rain gardens,
infiltration devices, catch basins, oil/water separators, and biofiltration swales.
STREAM. Any portion of a channel,bed,bank,or bottom waterward of the ordinary
high water line of waters of the state, including areas in which fish may spawn, reside,
or pass, and tributary waters with defined bed or banks, which influence the quality of
fish habitat downstream. This includes watercourses which flow on an intermittent
basis or which fluctuate in level during the year and applies to the entire bed of such
watercourse whether or not the water is at peak level. This definition does not include
irrigation ditches, canals, storm water run-off devices, or other entirely artificial
watercourses, except where they exist in a natural watercourse that has been altered by
humans. (WAC 220-110-020(105)) A shoreline stream is a naturally occurring body of
periodic or continuously flowing water where: a) the mean annual flow is greater than
twenty cubic feet per second and b) the water is contained within a channel. A channel
is an open conduit either naturally or artificially created. This definition does not
include artificially created irrigation, return flow, or stockwatering channels (WAC 173-
22-030(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)
141
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;
(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
143
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.
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.
145
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.
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.
147
APPENDIX A
Environment Designation Maps
_ - City of Arlington
P7:N Inset Maps: Shoreline Master Plan
Environment Designations Environment
Designations
- - Legend
I
Environment Designations
Natural
Historic Shoreline Business District
_ Urban Conservancy - Low Intensity
Urban Conservancy - Open Space
i
Detailed Island Crossing srp �� Ordinary High Water Mark (OHWM)
-- and Old Town maps are All areas waterward of the ordinary high
shown in 'Environment Designations: Old Town water mark have an Aquatic Designation.
_ .�
— and Island Crossing'
! City Limits Streams
City UGA Rivers
Local roads Ponds
Airport
Rail line
IStreams and walerbodies courtesy of Snohomish County
— Dept of Information Systems,June 2009-
i
I k' Topography provided by Puget Sound LiDAR Consortium,
downloaded summer 2009
Date
12/08/2011
File:
Environ Des ign_11 x17—
10.mxd
j
Cartographer:
kd k/th
Maps and GIs data are dstribuled"AS-IS"without
warranties of any kind, either express or implied,
including but not limited to warranfies of suitability for
�SrL a particufar purpose or use Map data are compiled
from a variety of sources which may contain errors
•.� and users who rely upon the information do so at their
i ! tnn• own risk-Users agree to indemnify,defend,and hold
JI hanniess the City of Arlington for any and all liability of
any nature arising out of or resulting from the lack of
accuracy or correctness of the data,or the use of the
�r •••I data presented in the maps.
1 l ( GAT 0
7 1XXTC
City of Arlington
Shoreline Master Plan
Environment Designations:
Old Town and Island Crossing
Legend
F i
Environment Designations
Natural
Historic Shoreline Business District
Urban Conservancy - Low Intensity
Urban Conservancy - Open Space
f rh �i Ordinary High Water Mark (OHWM)
All areas waterward of the ordinary high
water mark have an Aquatic Designation
F
i
City Limits Streams
t City UGA 5 Z Rivers
( /
Local roads Ponds
"' �` •� Streams and waterbodies courtesy of Snohomish County
Dept of Information Systems,June 2009.
FFF 1 Aerials taken in June 2009
v
Date
12/08/2011
to , v ,
File:
'J EnvironDesignOTIC 11x17 10.mxd
Cartographer:
vl 90. kdk/th
iiiIj Maps and GIS data are distributed"AS-IS"without
•-S ,, ,' I �� warranfies of any kind, either express or implied,
+ 1le1. i including but not limited to warranties of suitability for
particular purpose or use.Map data are compiled
from a variety of sources which may contain errors
_ -� •1 I and users who rely upon the information do so at their
L r1 —r At i own risk,Users agree to indemnify,defend,and hold
7►y, 1 harmless the City of Arlington for any and all liability of
•4 ••.a any nature arising out of or resulting from the lack of
�` o- accuracy or correctness of the data,or the use of the
*�r Nk, i . *- *• _ data presented in the maps.
tat A
Rfi ne f /tx
-t
0 0.05 0.1 0.2
N Miles
APPENDIX B
Shoreline Environmentally Critical Areas
Shoreline Master Program
City of Arlington
Appendix B
Shoreline Environmentally Critical Areas 4.2.1
Shoreline Master Program Appendix B
ENVIRONMENTALLY CRITICAL AREAS
Sections:
Part I. Purpose and Intent
SMP.010 Purpose and Intent.
Part II. Definitions
SMP.100 Definitions.
Part Ill. General Provisions
SMP.200 Applicability.
SMP.210 Regulated Activities.
SMP.220 Allowed Activities.
SMP.230 Compliance.
SMP.240 Classification as an Environmentally Critical Area.
SMP.250 Procedures.
SMP.260 Submittal Requirements.
SMP.270 Site/Resource Specific Reports.
SMP.280 Maps and Inventory.
SMP.290 Dedication of Environmentally Critical Area Easements.
SMP.300 Dedication of Land and/or Easements in Lieu of Required Parks or Open Space.
SMP.310 Increased Buffer Widths
SMP.320 Buffer Width Averaging.
SMP.330 Buffers to be retained in Natural Condition
SMP.340 Building Setbacks from Buffers
SMP.350 Special Conditions for Possible Reductions in Buffer Width
SMP.370 Non-Conforming Activities.
SMP.380 Assessment Relief.
SMP.390 Mitigation Plan Requirements.
Part IV. Fish and Wildlife Conservation Areas
SMP.400 Classification.
SMP.410 Determination of Boundary.
SMP.420 Species/Habitats of Local Importance.
SMP.430 Allowed Activities.
SMP.440 Requirements.
SMP.450 Mitigation.
Part V. Frequently Flooded Areas
SMP.500 Classification.
SMP.510 Determination of Boundary.
SMP.520 Allowed Activities.
SMP.530 Requirements.
SMP.540 Mitigation.
Part VI. Geologically Hazardous Areas
SMP.600 Classification.
SMP.610 Determination of Boundary. Title 20—Land Use Code Appendix SMP: Environmentally
Critical Areas City of Arlington SMP - SMP.620 Allowed Activities.
SMP.630 Requirements.
SMP.640 Mitigation.
Part VII. Streams, Creeks, Rivers, Lakes and Other Surface Water
SMP.700 Classification.
SMP.710 Determination of Boundary.
SMP.720 Allowed Activities.
SMP.730 Requirements.
SMP.740 Mitigation.
Part Vill. Wetlands
SMP.800 Classification.
SMP.810 Determination of Boundary.
SMP.820 Allowed Activities.
SMP.830 Requirements.
SMP.840 Mitigation.
Part IX. Aquifer Recharge Areas
SMP.900 Purpose and Objectives.
SMP.910 Applicability.
SMP.920 Information Required Upon Application.
SMP.930 Hydrogeologic Site Evaluations.
SMP.940 Best Management Practices (BMP) Plans.
SMP.950 Mitigation Plans
SMP.960 Imposition of Conditions on Projects
Part I. Purpose and Intent
SMP.010 Purpose and Intent.
This Appendix establishes regulations for the protection of environmentally critical areas (ECAs)
within the City's shoreline jurisdiction, including critical areas, natural resource lands, and
protective buffers. While it is intended that this Appendix fulfill the mandates of the Washington
State Shoreline Management Act, that is not its sole purpose: Its primary purpose is to fulfill the
legislative intent of the City of Arlington, which is to protect the public health, safety, and welfare
of the citizens of Arlington by providing for the long-term preservation of natural systems and
their functions. This is to be accomplished by establishing prohibitions, mitigation requirements,
and minimum standards for the use and development of properties that contain or adjoin
environmentally critical areas. Additionally, this Appendix is intended to:
(a) If at all possible, avoid impacts to environmentally critical areas. If this is not practicable,
then:
1. Minimize or limit the degree or magnitude of actions and their implementation by using
appropriate technology or by taking affirmative steps to avoid or reduce impacts.
2. Mitigate any impacts by repairing, rehabilitating, or restoring the affected environment.
3. Reduce or eliminate any impacts over time by preservation and maintenance operations
during the life of the action.
4. Compensate for unavoidable impacts by replacing, enhancing or providing substitute
resources or environments through monitoring of specific and cumulative impacts.
(b) Protect the public from personal injury, loss of life, or property damage due to flooding,
erosion, landslides, seismic events, or soil subsidence. (c) Protect against publicly financed
expenditures due to the misuse of environmentally critical areas that cause:
1. Unnecessary maintenance and replacement of public facilities;
2. Publicly funded mitigation of avoidable impacts;
3. Cost for public emergency rescue and relief operations where the causes are avoidable;
4. Degradation of the natural environment.
(d) Protect aquatic resources.
(e) Protect unique, fragile, and valuable elements of the environment, including wildlife and its
habitat.
(f) Alert appraisers, assessors, owners, potential buyers, or lessees to the development
limitations of environmentally critical areas;
(g) Provide City officials with sufficient information to adequately protect environmentally critical
areas when approving, conditioning, or denying applications for public or private development
proposals.
(h) Give guidance to the development of Comprehensive Plan policies in regard to the natural
systems and environment of the Arlington Watershed(s);
(i) Provide property owners and developers with succinct information regarding the City's
requirements for property development, thus rationalizing and accelerating the development
permit application process.
Part II. Definitions
SMP.100 Definitions.
For the purposes of this Appendix, the following definitions shall apply:
Alteration(s). A change or rearrangement of the structural parts of existing facilities or an
enlargement by extending the side or increasing the height or depth or the moving from one
location to another.
AMC. The Arlington Municipal Code.
Applicant. A person who applies for any permit or approval to do anything governed by this
code and who is either the owner of the subject property, the authorized agent of the owner, or
the City.
Classes. Taxonomic classification system of the United States Fish and Wildlife Service
(Cowardin, et al 1978).
Commercial. Activity with goods, merchandise, or services for sale or rent.
Compensation. In-kind replacement of damaged wetlands with substitute wetlands whose
characteristics closely approximate those destroyed or degraded by a regulated activity. It does
not mean replacement —in-category.
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)
Critical Areas. Fish and wildlife habitat conservation areas, Streams, Wetlands, areas with a
critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation
areas, frequently flooded areas; and geologically hazardous areas.
Dedication. Deliberate appropriation of land by an owner for public use or purpose, reserving
no other rights than those that are compatible with the full exercise and enjoyment of the public
use or purpose to which the property has been devoted.
Degraded Wetland. A wetland in which the vegetation, soils, and/or hydrology have been
adversely altered, resulting in lost or reduced functions and values.
Developable Area. Land outside of critical areas and environmentally critical area setbacks and
buffers.
Development Permit. Any permit or approval under this code or the AMC that must be issued
before initiating a use or development activity.
Ditch. A long narrow excavation dug in the earth for drainage with its top width less than 10 feet
at design flow and that does not meet the definition of a stream. A ditch may be regulated if it
conveys stream flow.
Easement. Land which has specific air, surface or subsurface rights conveyed for us by an
entity other than the owner of the subject property or to benefit some property other than the
subject property.
Edge. The boundary of a wetland as delineated based on the criteria contained in this Appendix.
Emergent Wetland. A wetland with at least thirty percent of its surface covered by erect, rooted,
herbaceous vegetation at the uppermost vegetative strata.
Enhancement. Alteration of an existing resource to improve or increase its characteristics and
processes without degrading other existing functions. Enhancements are to be distinguished
from resource creation or restoration projects.
Erosion Hazard Area. A landform or soil type subject to being worn away by the action of water,
wind, freeze-thaw or ice.
Exotic Species. Plants or animals that are not native to the Puget Sound Lowlands region.
Extraordinary Hardship. Prevention of all reasonable economic use of the parcel due to strict
application of this Appendix and/or programs adopted to implement this Appendix.
Fish and Wildlife Habitats (of Local Importance). A seasonal range or habitat element with which
a given species has a primary association, and which, if altered, may reduce the likelihood that
the species will maintain and reproduce over the long-term. These might include areas of
relative density or species richness, breeding habitat, seasonal range, and movement corridors.
These also include habitats of limited availability or high vulnerability to alteration, such as cliffs
and wetlands.
Forested Wetland. Wetlands with at least thirty percent of the surface area covered by woody
vegetation greater than twenty feet in height or a 3-inch diameter at breast height.
Forest Land. Land used for growing trees, not including Christmas trees, for commercial
purposes (as shown by record of any income) that has long-term (six years or more)
commercial significance.
Frequently Flooded Areas. Lands indicated on the most current FEMA map to be within the 100-
year flood plain. These areas include, but are not limited to, streams, lakes, coastal areas, and
wetlands. Local areas not identified on FEMA maps that experience frequent periods of
inundation.
Functions. The beneficial roles served by critical areas including, but not limited to, water quality
protection and enhancement, fish and wildlife habitat, food chain support, flood storage,
conveyance and attenuation, groundwater recharge and discharge, erosion control, wave
attenuation, and aesthetic value protection, and recreation. These roles are not listed in order of
priority.
Geologically Hazardous Areas. Includes areas susceptible to erosion, sliding, seismic activity, or
other geological events. They pose a threat to the health and safety of citizens when used as
sites for incompatible commercial, residential or industrial development.
Grading. The physical manipulation of the earth's surface and/or drainage pattern in
preparation of an intended use or activity.
High Quality Native Wetlands will be classified by the state wetland rating system for Western
Washington. However, the following elements may be considered when identifying locally
important functions of a wetland.
1. No, or isolated, human alteration of the wetland topography;
2. No human-caused alteration of the hydrology or else the wetland appears to have recovered
from the alteration;
3. Low cover and frequency of exotic plant species;
4. Relatively little human-related disturbance of the native vegetation, or recovery from past
disturbance;
5. If the wetland system is degraded, it still contains a viable and high quality example of a
native wetland community; and
6. No known major water quality problems.
Hydric Soil. Soil that is saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined
following the methods as defined by the National Technical Committee for Hydric Soils. The
presence of hydric soil shall be determined following the methods described in the Regional
Supplement to the Corps of Engineers Wetland Delineation Manaul: Western Mountains,
Valleys, and Coast Region.
Hydrophyte or Hydrophytic Vegetation. Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water content. The presence of
hydrophytic vegetation shall be determined following the methods described in the
—Washington State Wetland Delineation Manual, adopted pursuant to RCW 90.58.380.
Improvement. Any structure or manmade feature.
Isolated Wetlands will be classified by the state wetland rating system for Western Washington.
However, the following elements may be considered when identifying locally important functions
of a wetland.1. Are outside of and not contiguous to any wetland system of one acre or more, or
the 100-year floodplain of a lake, river, creek, or stream; and,
2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and
contiguous wetlands of one acre or more or any surface water.
Landslide Hazard Areas. Areas potentially subject to risk of mass movement due to a
combination of factors, including historic failures.
Land Uses, High Intensity. a zone classification allowing more than one dwelling unit per acre
Land Uses, Low Intensity. Includes land uses which are associated with low levels of human
disturbance or low habitat impacts, including, but not limited to, passive recreation, open space,
or those uses listed in §SMP.220 (Allowed Activities).
Land Uses, Medium Intensity. Includes land uses which are associated with moderate levels of
disturbance such as open space parks with biking and jogging, etc, conversion of moderate-
intensity agriculture (orchards, hay fields, etc), paved trails, gravel roads, utilitiy corridors or
right-of-way shared by several utilities including access/maintenance roads.
Mineral Resource Lands. Lands primarily devoted to the extraction of gravel, sand, other
construction materials, or valuable metallic or mineral substances.
Native Vegetation. Plant species that are indigenous to the Puget Sound Lowlands region.
Natural Condition. Lands that retain native vegetation, forest duff and naturally occurring
contours and drainage patterns not modified by human activity.
Natural Resource Lands. Agriculture, forest, and mineral resource lands as defined in this
section.
Constructed Stormwater Wetland. A stormwater management system that is designed and built
to function similar to the naturally occurring wetland including native trees and shrubs allowed to
grow to maturity.
Nonconforming. Any use, structure, lot, condition, activity, or any other feature or element of
private property or the use or utilization of private property that does not conform to any of the
provisions of this code or that was not approved by the city through the appropriate decision-
making process required under this code.
Open Space. Land not covered by buildings, roadways, parking areas, or other surfaces
through which water cannot percolate into the underlying soils.
Ordinary high watermark. As defined by RCW 90.58.030(2) (b), as now or hereafter amended.
Palustrine Wetland. Freshwater with open water, emergent herbaceous vegetation, scrub-shrub
vegetation, and/or trees.
Pond. Any inland body of water, either naturally or artificially formed or increased, that has a
surface area of 1,000 square feet or more, except: These do not include ponds deliberately
designed and created from dry sites such as canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities. Practicable Alternative. An alternative that is
available and capable of being carried out after taking into consideration cost, existing
technology, and logistics in light of overall project purposes, and having fewer impacts to
environmentally critical areas. It may include an area not owned by the applicant that can
reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of
the proposed activity.
Priority Habitats. Areas with which priority species have a primary association, as determined by
the Washington Department of Fish and Wildlife. Priority habitats have one or more of the
following attributes: comparatively high or significant species density or richness, significant
breeding habitat, significant seasonal ranges, significant wildlife movement corridors, limited
availability, and/or high vulnerability.
Priority species. Wildlife species of concern due to their population status and their sensitivity to
habitat alteration.
Riparian Habitat. An ecosystem that occurs in the transition zone between aquatic and upland
environments.
Scrub-shrub Wetlands. A wetland with at least thirty percent of its surface area covered with
woody vegetation less than twenty feet in height or <_ 3-inch diameter at breast height.
Seismic Hazard Areas. Areas subject to the risk of damage as a result of earthquake induced
ground shaking, slope failure, settlement, soil liquefaction or surface faulting. Ground shaking is
a primary risk, followed by some unstable slopes causing damage below them.
Slope. See §SMP.600 (Geological Hazardous Areas—Classification).
Sphagnum. Any of a large genus of mosses that grows only in wet acidic soils and whose
remains become compacted with other plant debris to form peat.
Streams. Those areas where surface waters flow sufficiently to produce a defined channel or
bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of
vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed
need not contain water year-round. This includes DNR Stream Types S, F, F-ESA, Np, Ns
(WAC 222-16-030, or as amended hereafter). This definition is not meant to include irrigation
ditches, canals, stormwater runoff devices or other entirely artificial watercourses unless they
are used to convey any stream naturally occurring prior to construction. Those topographic
features that resemble streams but have no defined channels (i.e. swales) shall be considered
streams when hydrologic and hydraulic analyses done pursuant to a development proposal
predict formation of a defined channel after development.
Steep Slope. See §SMP.600 (Geological Hazardous Areas—Classification).
Structure. Anything which is built or constructed; an edifice or building of any kind, or any piece
of work artificially built-up or composed of parts joined together in some definite manner. Not
included are fences less than six feet in height, retaining wall, rockeries, and similar
improvements of a minor character less than three feet in height.
Unavoidable. Impacts that remain after a person proposing to alter environmentally critical areas
have demonstrated that no practicable alternative exists for the proposed project.
Use. "Development' as that term is defined in Chapter 90.58 RCW. Also means the nature of
the activities taking place on private property or within structures thereon.
Water-Dependent. A use for which the use of surface water would be essential in fulfilling the
purpose of the proposed project.
Wetlands. "Wetland" or"wetlands" means areas that are inundated or saturated by surface
water or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do
not include those artificial wetlands intentionally created from non-wetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street, or highway. Wetlands may include those artificial wetlands intentionally created
from non-wetland areas created to mitigate conversion of wetlands
Part III. General Provisions
SMP.200 Applicability.
This Appendix applies to environmentally critical areas within the City's shoreline jurisdiction.
The maps included in Appendix A of this SMP show the general location of the City's shoreline
jurisdiction; however, whether an environmentally critical area is within shoreline jurisdiction
shall be determined by the Shoreline Administrator. No action shall be taken by any person that
results in any alteration of any environmentally critical area or their buffers except as consistent
with the purposes, objectives, and goals of this Appendix.
SMP.210 Regulated Activities.
(a) All land use and/or development activities on lands containing environmentally critical areas
or affecting off-site environmentally critical areas are subject to this Appendix and are prohibited
unless:
1. The use or activity is found to be exempt by the Community Development Director per the
—Allowed Uses sections of this Appendix; or,
2. The use or activity meets the performance standards found in the —Requirements sections
of this Appendix; or,
(b) Land use and development activities include, but are not limited to, the following activities:
1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter,
or material of any kind.
2. The dumping, discharging, or filling with any material.
3. The draining, flooding, or disturbing of the water level or water table.
4. The driving of pilings.
5. The placing of obstructions.
6. The construction, reconstruction, demolition, or expansion of any structure.
7. The destruction or alteration of vegetation in an environmentally critical area through clearing,
harvesting, shading, intentional burning, or planting of vegetation that would alter the character
and function of an environmentally critical area.
8. Activities that result in a significant change of water temperature, a significant change of
physical or chemical characteristics of water sources, including quantity, or the introduction of
pollutants.
SMP.220 Allowed Activities.
Unless specifically prohibited elsewhere in this Appendix, or unless the use affects a critical
area structure, function or value, the following uses are allowed in any environmentally critical
area:
1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife.
2. Outdoor recreational activities (including fishing, bird watching, hiking, boating, swimming,
canoeing, etc.) and aquatic recreation facilities authorized by this SMP (unless otherwise
prohibited from a particular area because of site-specific issues.
3. When approval is granted by the City, the recreational harvesting of wild crops in a manner
that is not injurious to natural reproduction of such crops and provided the harvesting does not
require killing the plant, tilling of soil, planting of crops, or alteration of a wetland by changing
existing topography, water conditions or water sources.
4. Education, scientific research, and use of nature trails.
5. Navigation aids and boundary markers.
6. Site investigative work necessary for land use application submittals such as surveys, soil
logs, percolation tests and other related activities. In every case, impacts shall be minimized
and disturbed areas shall be immediately restored.
7. Normal maintenance, repair, or operation of existing structures, facilities, or improved areas.
8. Environmentally critical area restoration work or relocation work which would improve the
function of the environmentally critical area, when done pursuant to a plan approved by the City.
SMP.230 Compliance.
All land uses or development applications shall be reviewed to determine whether an
environmentally critical area exists on the property for which the application is filed, what the
action's impacts to any existing environmentally critical area would be, and what actions are
required for compliance with this Appendix. No construction activity, including land clearing or
grading, shall be permitted until the information required by this Section is reviewed and the City
approves a plan.
SMP.240 Classification as an Environmentally Critical Area.
Criteria for classification as an environmentally critical area will be listed under the pertinent
sections of this Appendix.
SMP.250 Procedures.
The City of Arlington shall not grant any approval or permission to conduct development or use
in an environmentally critical area prior to the applicant's fulfillment of the requirements of this
Appendix. The Community Development Director is authorized to adopt administrative
procedures for the purpose of carrying out the provisions of this Appendix.
SMP.260 Submittal Requirements.
To enable the City to determine compliance with this Appendix, at the time of application
submittal the applicant shall file a SEPA Environmental Checklist (if use is subject to SEPA),
site/resource specific reports as specified in §SMP.270 (General Provisions—Site/Resource
Specific Reports), and any other pertinent information requested by the Department of
Community Development. The Community Development Director may waive any of these
submittal requirements if it is deemed unnecessary to make a compliance determination.
SMP.270 Site/Resource Specific Reports.
Unless waived per §SMP.260 (General Provisions—Submittal Requirements), all applications
for land use or development permits proposed on properties containing or adjacent to
environmentally critical areas or their defined buffers (see section specific requirements) shall
include site/resource specific reports prepared to describe the environmental limitations of the
site. These reports shall conform in format and content to guidelines prepared by the
Department of Community Development, which is hereby authorized to do so.
SMP.280 Maps and Inventory.
The approximate location and extent of environmentally critical areas in the City are displayed
on various inventory maps available at the Department of Community Development. More data
will be included as inventories are completed in compliance with the requirements of the Growth
Management Act. Maps and inventory lists are guides to the general location and extent of
environmentally critical areas. Environmentally critical areas not shown are presumed to exist in
the City and are protected under all the provisions of this Appendix. The Shoreline Jurisdiction
Areas are identified in the adopted Shoreline maps (SMP,Sect 3.2.6) In the event that any of the
designations shown on the maps or inventory lists conflict with the criteria set forth in this
Appendix, the criteria and site specific conditions shall control.
SMP.290 Dedication of Environmentally Critical Area Easements.
(a) In order to protect environmentally critical areas, Environmentally Critical Area easements or
tracts, where proposed as mitigation, shall be marked as such and dedicated to the City and
recorded with Snohomish County. Appropriate demarcation methods shall be as set forth in the
—Public Works Construction Standards and Specifications, and include appropriate permanent
fencing and signage unless otherwise determined by the Natural Resources Manager.
(Amended by Ord. 1365, 6113105). Fencing or demarcation method must be built of materials
that are permanent in nature. Fencing may not be required if the site is a know migration route
for wildlife and due to other constraints such as roadways or buildings a fence would prevent
migration of those species. Alternative methods of demarcation will be required to replace
signage when determined that effectiveness of signage may be limited.
(b) Anyone may offer to dedicate an Environmentally Critical Area easement or tract and its
buffer to the City even if not proposed as mitigation.
(c) Such easements or tracts shall cover the environmentally critical area as delineated by their
defined boundaries and their buffers.
(d) The basic controlling language for such easements shall be as follows, though site/resource
specific modifications may be made:
"Critical Area Protection Easement: This open space tract is intended to protect <<< insert ECA
type and native vegetation >>> and shall preclude: grading or any recontouring of the land;
placement of structures, wells, leach fields, utility lines and/or easements, and any other thing;
vehicle activity; grazing; dumping; and the addition or removal of vegetation, except pursuant to
an approved restoration plan, and except that vegetation may be selectively removed and/or
pervious trails and/or utility lines compatible with native tree and shrub vegetation may be
placed in the buffer areas in locations approved by the Director of Planning and Community
Development."
SMP.300 Dedication of Land and/or Easements in Lieu of Required Parks or Open Space.
The dedication of environmentally critical areas and their buffers may not be used for satisfying
the park or open space requirements of AMC Chapter 20.52 (Recreational Facilities & Open
Space).
SMP.310 Increased Buffer Widths
The permit-issuing authority shall require increased standard buffer zone widths on a case-by-
case basis when a larger buffer is necessary to protect environmentally critical area functions
and values based on local conditions. This determination shall be supported by appropriate
documentation showing that it is reasonably related to protection of the functions and values of
the regulated environmentally critical area. Such determination shall be attached as a permit
condition and shall demonstrate that:
(a) A larger buffer is necessary to maintain viable populations of existing species; or
(b) The environmentally critical area is used by species proposed or listed by the federal
government or the state as endangered, threatened, sensitive, candidate, or monitor, critical or
outstanding potential habitat for those species or has unusual nesting or resting sites such as
heron rookeries or raptor nesting trees; or
(c) The adjacent land has minimal vegetative cover or slopes greater than 15 percent and is
therefore susceptible to severe erosion, and erosion control measures will not effectively
prevent adverse environmentally critical area impacts.
(d) The recommended widths for buffers are based on the assumption that the buffer is
vegetated with a native plant community appropriate for the ecoregion or with one that
performs similar functions. If the existing buffer is un-vegetated, sparsely vegetated, or
vegetated with invasive species that do not perform needed functions, the buffer should
either be planted to create the appropriate plant community or the buffer should be
widened to ensure that adequate functions of the buffer are provided. Generally,
improving the vegetation will be more effective than widening the buffer.
SMP.320 Buffer Width Averaging.
Buffer widths may be modified by 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.
Buffer width averaging shall be allowed only where the applicant demonstrates all of the
following:
(a) That averaging is necessary to avoid an extraordinary hardship to the applicant caused by
circumstances peculiar to the property or that there would be a benefit to the Environmentally
Critical Area;
(b) That the least impactive aspects of the proposed land use would be located adjacent to
areas where the buffer width is reduced;
(c) That width averaging will not adversely impact the environmentally critical area functional
values; and
(d) That the total area contained within the buffer after averaging is no less than that contained
within the standard buffer prior to averaging.
SMP.330 Buffers to be retained in Natural Condition
Except as otherwise specified, all buffers shall be retained in their natural condition. Where
buffer disturbance may, or has occurred during construction, re-vegetation with native
vegetation will be required.
SMP.340 Building Setbacks from Buffers
A building setback of 15 feet is required from the edge of any critical area buffer, as defined in
subsequent sections of this Appendix. Minor structural intrusions into the area of the building
setback may be allowed if the permit-issuing authority determines that such intrusions will not
negatively impact the environmentally critical area or cause the buffer vegetation to be trimmed
or removed. The setback shall be identified on the site plan.
SMP 360, Reserved
SMP.370 Non-Conforming Activities.
Except for cases of discontinuance as part of normal agricultural practices, non-conforming
uses shall be governed by Section 6 of this SMP and AMC Chapter 20.32 (Nonconforming
Situations).
SMP.380 Assessment Relief.
The Snohomish County Assessor's office considers environmentally critical area regulations in
determining the fair market value of land. Any owner of an undeveloped critical area who has
dedicated an easement or entered into a perpetual conservation restriction with the City of
Arlington or a qualified nonprofit organization to permanently control some or all regulated
activities in that portion of land assessed consistent with these restrictions shall be considered
for exemption from special assessments to defray the cost of municipal improvements such as
sanitary sewers, storm sewers, and water mains.
SMP.390 Mitigation Plan Requirements.
In the event that mitigation is required, the applicant shall be required to provide a mitigation
plan for approval by the Community Development Director. The plan shall provide information
on land acquisition, construction, maintenance and monitoring of the replaced critical area. All
mitigation plans shall include the following submitted by the applicant or a qualified biologist,
civil or geotechnical engineer:
(a) Specific goals and objectives describing site function, target species and selection criteria;
(b) Performance standards that shall include criteria for assessing goals and objectives;
(c) Contingency plans that clearly define course of action or corrective measures needed if
performance standards are not met;
(d) A legal description and a survey prepared by a licensed surveyor of the proposed
development site and location of the critical area(s) on the site.
(e) The need for performance or maintenance securities.
(f) A scaled plot plan that indicates the proposed construction in relation to zoning setback
requirements and sequence of construction location in relation to zoning setback requirements
and sequence of construction phases including cross-sectional details, topographic survey data
(including percent slope, existing and finished grade elevations) and other technical information
as required in sufficient detail to explain, illustrate and provide for:
1. Soil and substrate conditions, topographic elevations, scope of grading and
excavation proposal, erosion and sediment treatment and source controls needed for
critical area construction and maintenance;
2. Planting plans specifying plant species, types, quantities, location, size spacing, or
density. The planting season or timing, watering schedule, and nutrient requirements for
planting, and where appropriate, measures to protect plants from destruction; and
3. Contingency or mid-course corrections plan and a minimum five year monitoring and
replacement plan establishing responsibility for removal of exotic and nuisance
vegetation and permanent establishment of the critical area and all component parts.
(g) A clearly defined approach to assess progress of the project.
(h) The plan must indicate ownership, size, type, and complete ecological assessment including
flora, fauna, hydrology, functions, etc., of the critical area being restored or created; and
(i) The plan must also provide information on the natural suitability of the proposed site for
establishing the replaced critical area, including water source and drainage patterns,
topographic position, wildlife habitat opportunities, value of existing area to be converted, etc.
Q) Once the plan is implemented, as-builts shall also be submitted pursuant to Department of
Public Works requirements.
Part IV. Fish and Wildlife Conservation Areas
SMP.400 Classification.
Fish and Wildlife Conservation Areas include:
(a) Lands containing priority habitats and species, including plant and/or animal species listed
on Federal or State threatened or endangered species lists.
(b) Ponds and their submerged aquatic beds that provide fish or wildlife habitat.
1. "Type S" waters of the state as defined in WAC 222-16-030, which includes all waters,
within their ordinary high-water mark, as inventoried as "shorelines of the state" under
Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, but not
including those waters' associated wetlands as defined in Chapter 90.58 RCW.
(c) Segments of natural waters and periodically inundated areas of their associated wetlands
that are used by salmonids for off-channel habitat. These areas are critical to the maintenance
of optimum survival of juvenile salmonids. This habitat shall be identified based on the following
criteria:
1. The site must be connected to a stream bearing salmonids and accessible during
some period of the year; and
2. The off-channel water must be accessible to juvenile salmonids through drainage with
less than a 5% gradient.
(d) Lakes, ponds, and streams planted with game fish (defined at RCW 77.09.020), including
those planted under the auspices of a federal, state, local, or tribal programs, or which support
priority fish species as identified by the Department of Fish and Wildlife.
(e) State natural area preserves and natural resource conservation areas.
(f) Habitats or species of local importance. Such habitats or species may be locally listed per the
process elucidated in §SMP.420 (Species/Habitats of Local Importance).
SMP.410 Determination of Boundary.
The Community Development Director shall determine the boundaries of Fish and Wildlife
Conservation Areas. In doing so he may rely on information from qualified federal, state, county,
or tribal agencies or on a biological resources survey prepared by a qualified wildlife biologist
per the Department's Biological Resources Survey Guidelines. Such reports or information may
be required to be provided by an applicant for an activity or permit at the request of the City. In
the location of shoreline jurisdiction the adopted Shoreline designation maps establish the
boundary. When a project is at or below OHWM and within shoreline setbacks, the OHWM
shall be determined by a site-specific investigation using field indicators.
SMP.420 Species/Habitats of Local Importance.
(a) Species or habitats may be listed as a —species or habitat of local importance by the City
Council according to the following process:
1. An individual or organization must:
a. Demonstrate a need for special consideration based on: (i) declining
populations, (ii) sensitivity to habitat manipulation; or (iii) commercial or game
value, or other special value, such as flood refugia or public appeal.
b. Propose relevant management strategies considered effective and within the
scope of this Appendix.
c. Provide species habitat location(s) on a map.
2. Submitted proposals will be reviewed by the Community Development Director and
forwarded to the Departments of Fish and Wildlife and Natural Resources, and/or other
local, state, federal, or tribal agencies or experts for comment and recommendation
regarding accuracy of data and effectiveness of proposed management strategies.
3. The City Council will hold a public hearing for proposals found to be complete, accurate,
potentially effective, and within the scope of this Appendix. Approved nominations will become
designated a "Species or Habitat of Local Importance" and will be subject to the provisions of
this Appendix.
(b) Species or Habitats of Local Importance include:
1. [None adopted as of 22 September 2003]
SMP.430 Allowed Activities.
Except where regulated by other sections of this or any other Title or law, the following uses
shall be allowed within Fish and Wildlife Conservation Areas when the requirements of
§SMP.440 (Fish and Wildlife Conservation Areas—Requirements) have been met and
mitigation adequate to alleviate any other impacts has been proposed:
(a) Those activities listed in §SMP.220 (General Provisions—Allowed Activities)
(b) Activities consistent with the species located there and all applicable state and federal
regulations regarding the species, as determined by the Community Development Director, who
will consult with other resource agencies including Tribes as to their recommendations based on
adopted standards or guidance.
(c) Within the 50-foot management zone of the buffer required pursuant to §SMP.440 (Fish &
Wildlife Conservation Areas--Requirements) the following uses are allowed as long as 65% of
native tree cover is established and maintained and the Total Effective Impervious Area (TIA)
remains below 3%:
1. When the 50-foot management zone is in an already developed state including buildings,
parking lots, lawn or ornamental landscaping stormwater management systems designed to
blend into the natural landscape allowing full mature growth of native trees and shrubs, and
provide the same or greater functional habitat that would occur in a naturally vegetated buffer.
Specifically, this does.,not include buried vaults, ecology block or grass-lined ponds or swales
(though ponds or swales planted with native vegetation may be allowed). Such systems are
required to provide diffuse effluent point(s) to the immediate edge of the no-touch buffer to allow
infiltration and polishing.
Walkways and trails, provided that those pathways are limited to minor crossings having no
adverse impact on water quality. They should be generally parallel to the perimeter of the
wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and
located to avoid removal of significant trees. They should be limited to pervious surfaces no
more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non-
treated pilings may be acceptable.2. Utility easements and access routes that are built so as
to not affect the lateral or vertical hydrology of the system, and are compatible with full maturity
of native tree and shrub species.
3. Other uses as may be approved by the City's Natural Resources Manager as recommended
in a local, state or federal watershed management plan or low impact development regulations.
SMP.440 Requirements.
(a) Except as provided in Subsections (b) and (c):
1. For endangered or threatened salmonid Fish and Wildlife Conservation Areas, a 150-foot
buffer shall be required for all regulated activities adjacent to the Fish and Wildlife Conservation
Areas. This buffer shall consist of a 100-foot area closest to the stream or river being
designated a Native Growth Protection Easement in which no human activities may be allowed
(except as provided by §SMP.430 (Fish and Wildlife Conservation Areas—Allowed Activities),
and the remaining 50-foot zone being designated a —management zone, in which vegetation
may be managed solely for public health and safety reasons that may threaten structures or
public infrastructure. The Natural Resource may require a landowner to have an assessment
performed by a professional arborist to determine if a tree is hazardous. If found hazardous the
methods of removal will utilize options that will result in some level of habitat function (i.e. snag,
nurse log, etc) Buffers for salmonid Fish and Wildlife Conservation Areas shall be measured
pursuant to §SMP.730 (Streams, Creeks, Lakes, & Other Surface Water--Requirements).
2. For all other Fish and Wildlife Conservation Areas, the applicant shall have a habitat
protection plan prepared by a qualified biologist, in which appropriate buffers and other
protection shall be identified based on the best available science and/or standards promulgated
by the state or federal agency with jurisdiction for the identified species being protected. Buffers
shall be measured from the Fish and Wildlife Conservation Areas boundary as surveyed in the
field.
(b) Buffer widths may be increased based on recommendations by the state or federal agency
with jurisdiction.
(c) Buffer widths from Fish and Wildlife Conservation Areas may be decreased in areas where
specific project recommendations can be found in section SMP 320 of this chapter, local
watershed recovery plans, the Shoreline Master Program has identified allowed uses, a habitat
protection plan, or either a property-specific or programmatic biological assessment showing
that the proposal would have negligible adverse impact on the protected species or habitat (with
or without mitigation) has been approved by the state or federal agency with jurisdiction. Said
biological assessments would be prepared by the applicant in a format approved by the agency
with jurisdiction. The width of the buffer would be determined through this biological assessment
approval process but could in no case be reduced to less than that required for the underlying
environmentally critical areas by other sections of this chapter. (Amended by Ord. No. 1351,
917104)
(d) For streams upstream from an endangered or threatened salmonid Fish and Wildlife
Conservation Area, if requested by the City, applicants shall have prepared a report analyzing
potential downstream impacts to the FWCA and propose appropriate measures to mitigate any
identified significant impacts. Such reports shall be prepared by a qualified biologist.
(e) The applicant shall dedicate a functionally exclusive Environmentally Critical Area easement
for the protection of wildlife and/or habitat over the Fish and Wildlife Conservation Areas and its
buffer, as determined above. Where such requirement leads to, or would in the opinion of the
permit-issuing authority lead to, a court finding of a taking mitigation as described in §SMP.450
(Fish and Wildlife Conservation Areas—Mitigation) may be considered.
SMP.450 Mitigation.
In order to avoid significant environmental impacts and, if in the opinion of the permit-issuing
authority the requirements listed in §SMP.440 (Fish and Wildlife Conservation Areas—
Requirements) do not adequately mitigate impacts, the applicant for a land use activity or
development permit may consider performing the following actions, listed in order of preference.
What is considered adequate mitigation will depend on the nature and magnitude of the
potential impact. Specific mitigation requirements are outlined in the Shoreline Master Program
regulations.
(a) Where on-site protection is not possible, dedicate a functionally exclusive easement for the
protection of equivalent (in type and value) wildlife and/or habitat over Fish and Wildlife
Conservation Areas and a 150-foot buffer on off-site Fish and Wildlife Conservation Areas at a
minimum 2:1 ratio (2 offsite areas for every 1 onsite area impacted) on property that would likely
not be required to dedicate such an easement were it to undergo a permitting process. If
functionally equivalent habitat is not available, then a higher ratio may be considered to
compensate. The location of any off-site Fish and Wildlife Conservation Areas shall be located
as near to the site as possible, following this preferred order: i) hydrologically connected to the
impacted Fish and Wildlife Conservation Areas or via an intact habitat corridor,ii) elsewhere
within the City, iii) within the Arlington UGA, iv) within the sub-basin, and v) watershed.
Part V. Frequently Flooded Areas
SMP.500 Classification.
Classification for Flood Zones shall be consistent with the 100-year floodway and floodplain
designations as adopted by the City, or where the City has not adopted such a designation, by
the 100-year flood zone designation of the Federal Emergency Management Agency and the
National Flood Insurance Program. Any such designations adopted by the City shall consider
the following criteria if and when designating and classifying these areas:
(a) Flooding impact to human health, safety, and welfare and to public facilities and services;
and,
(b) Documentation including federal, state and local laws, regulations and programs, local maps
and federally subsidized flood insurance programs; and,
(c) The future floodplain defined as a channel of the stream and that portion of the adjoining
floodplain which is necessary to contain and discharge the base flood flow at build-out without
any measurable increase in flood heights.
SMP.510 Determination of Boundary.
The boundary of a Flood Zone shall be contiguous with the 100-year floodway and floodplain
designations as adopted by the City, or where such a designation has not been adopted by the
City, the 100-year floodplain designation of the Federal Emergency Management Agency
(FEMA) and the National Flood Insurance Program where it has been delineated (shown on
Flood Insurance Rate Maps (FIRM). Where this information does not exist, the boundary
determination shall be made by a licensed engineer and based upon the same criteria used by
FEMA including the consideration of the Channel Migration Zone. The Flood Plain Administrator
shall confirm this determination.
SMP.520 Allowed Activities.
Except where regulated by other sections of this or any other Title or law, the following uses
shall be allowed within floodways or flood plains when the requirements of§SMP.530
(Frequently Flooded Areas—Requirements) have been met and mitigation adequate to alleviate
any other impacts has been proposed:
(a) Floodways
1. Those activities allowed per the Shoreline Master Program regulations and §SMP.220
(General Provisions—Allowed Activities).
2. Outdoor recreational activities (including fishing, bird watching, hiking, boating,
swimming, canoeing, bicycling, etc.) and aquatic recreation facilities authorized by this
SMP.
3. Those uses allowed by §20.64.150 (Permissible Uses Within Floodways).
(b) Floodplains
1. All those activities allowed in floodways
2. Recreational Fields
3. Those uses allowed by and consistent with the regulations of Appendix 20.64
(Floodways, Floodplains, Drainage, and Erosion).
SMP.530 Requirements.
All land uses and development proposals shall comply with the regulations for general and
specific flood hazard protection (see Chapter 20.64, Floodways, Floodplains, Drainage, and
Erosion). Development shall not reduce the effective base flood storage volume. Reduction of
the floodwater storage volume effectiveness due to grading, construction, or other regulated
activities shall be compensated for by creating on- or off-site detention and/or retention ponds.
Effective storage capacity must be maintained. Base flood data and flood hazard notes shall be
on the face of any recorded plat or site plan including, but not limited to, base flood elevations,
flood protection elevation, boundary of floodplain and zero rise floodway.
SMP.540 Mitigation.
If potential flooding impacts cannot be avoided by design or by providing on- or off-site detention
and/or retention ponds, other forms of mitigation may be considered in order to avoid significant
environmental impacts. Applicants must provide mitigation plans exploring and analyzing any
proposed mitigation measures, which must be consistent with the Shoreline Master Program
and the regulations of AMC Chapter 20.64 (Floodways, Floodplains, Drainage, and Erosion).
Part VI. Geologically Hazardous Areas
SMP.600 Classification.
(a) Geologically Hazardous Areas include areas susceptible to erosion, sliding, earthquakes,
liquefaction, or other geological events. Geologically Hazardous Areas shall be classified based
upon the history or existence of landslides, unstable soils, steep slopes, high erosion potential
or seismic hazards. In determining the significance of a geologically hazardous area the
following criteria shall be used:
1. Potential economic, health, safety, and environmental impact related to construction in
the area;
2. Soil type, slope, vegetative cover, and climate of the area;
3. Available documentation of history of soil movement, the presence of mass wastage,
debris flow, rapid stream incision, stream bank erosion or undercutting by wave action,
or the presence of an alluvial fan which may be subject to inundation, debris flows, or
deposition of stream-transported sediments.
(b) The different types of Geologically Hazardous Areas are defined as follows:
1. Erosion hazard areas are as defined by the USDA Soil Conservation Service, United
States Geologic Survey, or by the Department of Ecology Coastal Zone Atlas. The
following classes are high erosion hazard areas.
a. Class 3, class U (unstable) includes severe erosion hazards and rapid surface
runoff areas;
b. Class 4, class UOS (unstable old slides) includes areas having severe
limitations due to slope; and,
c. Class 5, class URS (unstable recent slides).
2. Landslide hazard areas shall include areas subject to severe risk of landslide based
on a combination of geologic, topographic and hydrologic factors. Some of these areas
may be identified in the Department of Ecology Coastal Zone Atlas, or through site-
specific criteria. Landslide hazard areas include any of the following:
a. Areas characterized by slopes greater than 15 percent and impermeable soils
(typically silt and clay) frequently interbedded with permeable granular soils
(predominantly sand and gravel) or impermeable soils overlain with permeable
soils or springs or groundwater seepage.
b. Any area that has exhibited movement during the Holocene epoch (from
10,000 years ago to present) or which is underlain by mass wastage debris of
that epoch;
c. Any area potentially unstable due to rapid stream incision, stream bank
erosion or undercutting by wave action.
d. Any area located on an alluvial fan presently subject to or potentially subject to
inundation by debris flows or deposition of steam-transported sediments;
e. Any area with a slope of 33 percent or greater and with a vertical relief of ten
or more feet except areas composed of consolidated rock;
f. Any area with slope defined by the United States Department of Agriculture
Soil Conservation Service as having a severe limitation for building site
development; and
g. Any shoreline designated or mapped as class U, UOS, or URS by the
Department of Ecology Coastal Zone Atlas.
3. Slopes:
a. Moderate slopes shall include any slope greater than or equal to 15 percent
and less than 33 percent.
b. Steep slopes shall include any slope greater than or equal to 33 percent.
4. Seismic hazard areas shall include areas subject to severe risk of earthquake damage
as a result of seismic induced settlement, shaking, slope failure or soil liquefaction.
These conditions occur in areas underlain by cohesion less soils of low density usually in
association with a shallow groundwater table.
SMP.610 Determination of Boundary.
The Community Development Director, relying on a geotechnical or similar technical report and
other information where available and pertinent, shall make determination of a boundary of a
Geologically Hazardous Area. Such reports or information shall be provided by an applicant for
an activity or permit at the request of the City.
SMP.620 Allowed Activities.
Except where regulated by other sections of this or any other Title or law, the following uses
shall be allowed within Geologically Hazardous Areas when the requirements of§SMP.630
(Geologically Hazardous Areas—Requirements) have been met and mitigation adequate to
alleviate any other impacts has been proposed:
(a) Those activities allowed per §SMP.220 (General Provisions—Allowed Activities).
(b) Any other use allowed per the zone and Shoreline Master Program, provided that it meets
the requirements of§SMP.630 (Geologically Hazardous Areas—Requirements) and will not
have a detrimental impact on the health, safety, and welfare of the public, or will not negatively
impact neighboring properties.
(c) Recontouring of land to eliminate geologically hazardous areas, including steep slopes, is
expressly prohibited unless otherwise approved through the land use permit process (not the
construction plan review process). The permit issuing authority may approve recontouring to
eliminate geological hazardous areas only upon finding that such action would serve the health,
safety, and welfare of the general public and not just a particular development proposal.
SMP.630 Requirements.
(a) Erosion Hazard Areas: All development proposals on sites containing erosion hazard areas
shall comply with the following requirements:
1. Erosion control plan: The applicant shall submit an erosion control plan prior to the
approval of any permit. Plans shall be consistent with the guidelines set forth in the
Uniform Building Code (UBC) grading section and the Department of Public Works'
Construction Standards and Specifications.
2. Alteration: All authorized clearing for roads, utilities, etc., shall be limited to the
minimum necessary to accomplish the engineering design. Alterations of erosion hazard
sites shall meet the requirements of AMC Chapter 20.44, Part II (Land Clearing,
Grading, Filling, and Excavation).
(b) Landslide Hazard Areas: All development proposals on sites containing landslide hazard
areas shall comply with the following requirements:
1. Alterations: Landslide hazard areas located on slopes 33 percent or greater shall be
altered only as allowed under standards for steep slopes set forth in this section.
Landslide hazard areas and land adjacent to such a hazard area located on slopes less
than 33 percent may be altered if:
a. The proposal will not increase surface water discharge or sedimentation and
will not decrease adjacent property slope stability; and
b. It can be demonstrated through geotechnical analysis that there is no
significant risk to the development proposal or adjacent properties or that the
proposal can be designed so that the landslide hazard is significantly eliminated
or mitigated such that the site and adjacent property are rendered as safe as an
area without landslide hazards.
2. Buffers: Unless the alteration is approved under the provisions in Subsection 1 above
(Alterations), a minimum buffer of 50 feet shall be provided from the edges of all
landslide hazard areas regardless of slope. The buffer may be extended beyond these
limits to mitigate erosion hazards.
3. Building Setback Lines: All buildings are required to be set back a minimum of 15 feet
from the buffer or landslide hazard area.
(c) Slopes: Grading, vegetation removal, and other site disturbances on slopes can lead to
erosion or landslides. If the amount of the slope disturbed is decreased, then the risk of erosion
and landslides decreases. The risk is also less on slopes that are less steep. Therefore, all site
disturbances on moderate and steep slopes and their buffers shall be reviewed and certain
standards are required to be met depending on the percent of slope.
1. The maximum slope and buffer disturbance allowed, unless restricted for other
reasons, is:
Table SMP-2: Slope Disturbance
Disturbance Allowed Allowed
Slope
1 - 14% 100%
15 - 24% 60%
25 — 32% 45%
33% or greater 0%
2. Development on moderate and steep slopes shall meet the following standards:
a. Development must be located to minimize disturbance and removal of
vegetation and also to protect most critical areas and retain open space.
b. Structures must be located or clustered where possible to reduce disturbance
and maintain natural topographic character.
c. Grading shall be minimized;
d. Structures should conform to the natural contour of the slope, with foundations
tiered where possible to conform to existing topography of site.
e. Natural surface or sub-surface drainage courses shall be preserved.
f. All development proposals shall be designed to minimize the footprint of
building and other disturbed areas. Common access drives and utility corridors
are encouraged.
g. All development shall be designed to minimize impervious lot coverage and
should incorporate under- or over-structure parking and multi-level structures.
h. Roads, walkways and parking areas should be designed to parallel the natural
contours.
i. Access shall be in the least critical area of the site.
3. Additional standards for steep slopes: All proposed development on steep slopes shall
be avoided if possible. Alterations are allowed in only the following instances provided
that the standards in 1 and 2, above, can be met; and, where it has been demonstrated
through a soils report prepared by a geotechnical engineer that no adverse impact will
result from the proposal and where approved surface water conveyance will result in
minimum slope and vegetation disturbance:
a. The construction of approved public or private trails provided they are
constructed in a manner that is not detrimental to surface water runoff control
(e.g., cable lift access); and
b. The construction of public or private utility corridors in accordance with SMP
regulations provided it has been demonstrated that such alterations will not
increase landslide or erosion risks.
4. In all other cases, no disturbance is allowed on a steep slope and a minimum 15-foot
vegetated buffer shall be established from the top, toe and along all sides of the slope.
The buffer may be extended beyond these limits on a case-by-case basis to mitigate
landslide and erosion hazards.
(d) Seismic Hazard Areas: Standards for development in seismic hazard areas shall be in
accordance with the provisions in the IBC, as adopted by the City of Arlington.
(e) For all Geological Hazardous Areas on which development is not permitted by the above
regulations, the applicant shall dedicate to the City an exclusive Environmentally Critical Area
easement for the protection of Geological Hazardous Areas over the Environmentally Critical
Area and a buffer consistent with the standards listed above.
SMP.640 Mitigation.
If potential geologic impacts cannot be avoided by adhering to the above requirements, other
forms of mitigation may be considered. Applicants must provide mitigation plans exploring and
analyzing any proposed mitigation measures. What is considered adequate mitigation will
depend on the nature and magnitude of the potential impact to the Shoreline and a ecological
function. For example, some potential risk due to construction in geologically hazardous areas
may be reduced through retention of existing vegetation.
Part VII. Streams, Creeks, Rivers, Lakes and Other Surface Water
SMP.700 Classification.
The City hereby adopts the stream classification system of the state, as specified in WAC 222-
16-030, as may be amended. Briefly, these are as follows (see WAC 222-16- 030 for complete
definitions of Types):
(a) —Type S Water means all the waters, within their ordinary high-water mark, as
inventoried as —shorelines of the statell under Chapter 90.58 RCW and the rules
promulgated pursuant to Chapter 90.58 RCW, but not including those waters' associated
wetlands as defined in Chapter 90.58 RCW.
(b) Type F-ESA Water means all the waters meeting the criteria of Type F stream, but have
been identified as having presumed use by ESA listed fish species.
(b) "Type F Water" shall mean segments of natural waters that are not classified as Type 1
Water and have a substantial fish, wildlife, or human use. These are segments of natural waters
and periodically inundated areas of their associated wetlands, which:
1. Are diverted for domestic use by more than 100 residential or camping units or by a
public accommodation facility licensed by the State to serve more than 100 persons,
where such diversion is determined by the Washington State Department of Ecology to
be a valid appropriation of water and the only practical water source for such users.
Such waters shall be considered to be Type 2 Water upstream from the point of such
diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is
less;
2. Are within a federal, state, local, or private campground having more than 30 camping
units: Provided, that the water shall not be considered to enter a campground until it
reaches the boundary of the park lands available for public use and comes within 100
feet of a camping unit, trail or other park improvement;
3. Are used by substantial numbers of anadromous or resident game fish for spawning,
rearing or migration. Waters having the following characteristics are presumed to have
highly significant fish populations:
a. Stream segments having a defined channel 20 feet or greater in width
between the ordinary high-water marks and having a gradient of less than 4
percent.
b. Lakes, ponds, or impoundments having a surface area of 1 acre or greater at
seasonal low water; or
4. Are used by salmonids for off-channel habitat. These areas are critical to the
maintenance of optimum survival of juvenile salmonids. This habitat shall be identified
based on the following criteria:
a. The site must be connected to a stream bearing salmonids and accessible
during some period of the year; and
b. The off-channel water must be accessible to juvenile salmonids through
drainage with less than a 5% gradient.
c. Ponds or impoundments having a surface area of less than 0.5 acre at
seasonal low water and having an outlet to an anadromous fish stream.
5. Are highly significant for protection of downstream water quality. Tributaries which
contribute greater than 20 percent of the flow to a Type S or F Water are presumed to be
significant for 1,500 feet from their confluence with the Type S or F Water or until their
drainage area is less than 50 percent of their drainage area at the point of confluence,
whichever is less.
(d) —Type Np Water
Segments of natural waters within the bankfull width of defined channels that are perennial non-fish
habitat streams. Perennial streams are waters that do not go dry any time of the year of normal
rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions
of the perennial channel below the uppermost point of perennial flow. Np waters begin downstream of
the point along the channel where the contributing basin area is at least 52 acres in size.
(e) —Type Ns Water shall be
Segments of natural waters within the bankfull width of the defined channels that are not
Type S, F, or Np waters. These are seasonal, non-fish habitat streams in which surface flow
is not present for at least some portion of a year of normal rainfall and are not located
downstream from any stream reach that is Type Np water. Ns waters must be physically
connected by an above-ground channel system to Type S, F, or Np waters.
(f) —Non-natural water course means constructed vegetated swales and ditches that are
designed and installed for the express purpose of periodically moving storm water not
associated with naturally occurring streams.
SMP.710 Determination of Boundary.
The Community Development Director, relying on delineation by a licensed engineer or other
comparable expert, shall determine the boundary of the creek, stream, river, lake, or other
surface water. For ravines with banks greater than ten (10) feet in depth the boundary shall be
contiguous with the top of the bank. Where there is no ravine or the bank is less than ten (10)
feet in depth, the boundary shall be contiguous with the Ordinary High Water Mark. In case of
disagreement as to its location, the ultimate decision on the OHWM shall rest with Ecology.
SMP.720 Allowed Activities.
Except where regulated by other sections of this, Shoreline Master Program or any other Title or
law (e.g., see Part IV of this Appendix, Fish and Wildlife Conservation Areas), the following uses
shall be allowed within streams, creeks, rivers, lakes, and other surface waters when the
requirements of§SMP.730 (Streams, Creeks, Rivers, Lakes and Other Surface Water—
Requirements) have been met and mitigation adequate to alleviate any other impacts has been
proposed:
(a) Those activities allowed under§SMP.220 (General Provisions—Allowed Activities).
(b) Bridges and other crossings for public and private rights-of-way where no other feasible
means on ingress and egress to a parcel is available.
SMP.730 Requirements.
(a) To retain the natural functions of streams and stream corridors, and unless modified by Part
IV (Fish &Wildlife Habitat), the streamside buffers listed in Table SMP-3: Non-ESA Stream
Buffer Width shall be maintained on both sides of the Environmentally Critical Area. All existing
native vegetation within these buffers shall be preserved. (Note also that buffer averaging may
be allowed pursuant to §SMP.320 (General Provisions—Buffer Width Averaging.)
(b) To protect the natural functions and aesthetic qualities of a stream and stream buffer, a
detailed temporary erosion control plan that identifies the specific mitigating measures to be
implemented during construction to protect the water from vegetation removal, erosion, siltation,
landslides and hazardous construction materials shall be required. The City of Arlington shall
review and approve the plan with the appropriate state, federal and tribal agencies, and any
adjacent jurisdiction.
(c) In accordance with the Shoreline Master Plan the buffer set-back in the Historic Shoreline
Business District is 30 feet landward from the OHWM or Top of Slope whichever is most
protective of the shoreline, and those activities that are allowed under AMC 20.64 Floodplains.
Table SMP-3: Non-ESA Stream Buffer Width Stream
Type Standard Buffer
S 150 feet
F-ESA 150 feet
F 100 feet
Np 50 feet
Ns 50 feet
Non- None
natural
(c) The applicant shall dedicate to the City an exclusive Environmentally Critical Area easement
for the protection of creeks, streams, rivers, lakes, or other surface water over the
Environmentally Critical Area and a buffer consistent with the standards listed in Subsection
(a).
SMP.740 Mitigation.
(a) In order to avoid significant environmental impacts for those activities not regulated by the
Shoreline Master Program and allowed pursuant to §SMP.720 (Streams, Creeks, Rivers, Lakes
and Other Surface Water—Allowed Activities), the applicant for a land use or development
permit will select one or more of the following mitigation action, listed in order of preference.
What is considered adequate mitigation will depend on the nature and magnitude of the
potential impact.
1. On-Site Environmentally Critical Area Restoration/Improvement—Restoration or
improvement in functional value of degraded on-site waterways and/or their buffers at a
2:1 ratio (2 square feet for every 1 square foot impacted).
2. On-Site ECA/ Creation—Creation of on-site waterways and their buffers at a 2:1 ratio
(2 square feet for every 1 square foot impacted).
3. On-Site ECA Buffer Restoration—Restoration or improvement in functional value of
degraded on-site waterway buffers at a ratio of 6:1.
(b) All ECA restoration, creation and/or enhancement projects required pursuant
to this Appendix either as a permit condition or as the result of an enforcement
action shall follow a mitigation plan prepared in conformance to the requirements
of§SMP.390 (Mitigation Plan Requirements).
Part Vill. Wetlands
SMP.800 Classification.
(a) Wetlands shall be rated according to the Washington State wetland rating system for;
Washington State Wetland Rating System for Western Washington - Revised, Ecology
Publication #04-06-025) or as revised by Ecology. Wetland rating categories shall be applied as
the wetland exists at the time of the adoption of this Title or as it exists at the time of an
associated permit application. Wetland rating categories shall not change due to illegal
modifications. Wetlands identified as having local significance in hydrologic and habitat
functions may be rated higher based on importance.
(b) Wetland Types.
1. Category I. Category I wetlands are: 1) relatively undisturbed estuarine wetlands
larger than 1 acre; 2) wetlands that are identified by scientists of the Washington Natural
Heritage Program/DNR as high quality wetlands; 3) bogs; 4) mature and old-growth
forested wetlands larger than 1 acre; 5) wetlands in coastal lagoons; or 6) wetlands that
perform many functions well and score 70 or above.
Category I wetlands represent a unique or rare wetland type, are more sensitive to
disturbance than most wetlands, are relatively undisturbed and contain some ecological
attributes that are impossible to replace within a human lifetime, or provide a very high
level of functions.
2. Category II. Category II wetlands are: 1) estuarine wetlands smaller than 1 acre, or
disturbed estuarine wetlands larger than 1 acre; 2) a wetland identified by the
Washington State Department of Natural Resources as containing "sensitive" plant
species; 3) a bog between % and '/z acre in size; 4) an interdunal wetland larger than 1
acre; or 5) wetlands with a moderately high level of functions. Wetland scoring between
51 and 69 points. Wetlands identified as having local significance in reducing flooding or
providing habitat.
Category II wetlands are difficult, though not impossible, to replace, and provide high
levels of some functions. These wetlands occur more commonly than Category I
wetlands, but they still need a relatively high level of protection.
3. Category III. Category III wetlands are: 1) wetlands with a moderate level of functions
scoring between 30 and 50 points; or 2) interdunal wetlands between 0.1 and 1 acre in
size. Generally, wetlands in this category may have been disturbed in some way and are
often less diverse or more isolated from other natural resources in the landscape than
Category II wetlands.
4. Category IV. Category IV wetlands have the lowest levels of functions scoring less than 30
points and are often heavily disturbed. These are wetlands that should be replaceable, and in
some cases may be improved. However, experience has shown that replacement cannot be
guaranteed in any specific case. These wetlands may provide some important functions and
should be protected to some degree. .
SMP.810 Determination of Boundary.
(a) The Community Development Director, relying on a field investigation supplied by an
applicant, and applying the wetland definition provided in this Appendix shall determine the
location of the wetland boundary. Qualified professional and technical scientists shall
perform wetland delineations. Identification of wetlands and delineation of their boundaries
pursuant to this Chapter shall be done in accordance with the approved federal wetland
delineation manual and applicable regional supplements. All areas within the City meeting
the wetland designation criteria in that procedure are hereby designated critical areas and
are subject to the provisions of this Chapter. Criteria to be included in required wetland
identification reports may be found in §SMP.390 Mitigation Plan Requirements). The
applicant is required to show the location of the wetland boundary on a scaled drawing as
a part of the permit application.
1. Designating, Defining, and Identifying Wetlands. Wetlands are those
areas, identified in accordance with RCW 90.58.030: "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 non-wetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street, or
highway. Wetlands may include those artificial wetlands intentionally created from non-
wetland areas to mitigate the conversion of wetlands. All areas within the [city/county]
meeting the criteria in the wetland definition regardless of whether these areas have
previously been identified or mapped, are hereby designated critical areas and are subject
to the provisions of this Title.
2. Mapping.
(a) The approximate location and extent of wetlands are shown on
the adopted critical area(s) maps. The following critical area(s) maps, including [locally
Adopted maps or the National Wetlands Inventory] are hereby adopted. Additionally, soil
maps produced by U.S. Department of Agriculture Natural Resources Conservation
Service may be useful in helping to identify potential wetland areas. These maps are to
be used as a guide for the [city/county], project applicants, and/or property owners to
identify potential wetland areas that may be subject to the provisions of this Title.
It is the actual presence of wetlands on a parcel, as delineated by the requirements
of the methods in the approved federal wetland delineation manual and applicable regional
supplements in accordance with WAC 173-22-035 The exact location of a wetland's
boundary shall be determined through the performance of a field delineation by a qualified
wetlands professional, applying the approved federal wetland delineation manual and
applicable regional supplements in accordance with WAC 173-22-035.
(b) Where the applicant has provided a delineation of the wetland boundary, the Community
Development Director shall verify the accuracy of, and may render adjustments to, the boundary
delineation. In the event the applicant contests the adjusted boundary delineation, the
Community Development Director shall, at the applicant's expense, obtain expert services to
render a final delineation.
(c)When agreed to by the applicant, the Community Development Director may waive the
requirement that the applicant provide the delineation of boundary and rely on staff delineation.
The Community Development Director shall consult with qualified professional scientists and
technical experts or other experts as needed to perform the delineation. The applicant will be
charged for the costs incurred. Where the Community Development Director performs a wetland
delineation at the request of the applicant, such delineation shall be considered a final
determination.
SMP.820 Allowed Activities.
Except where regulated by other sections of this, Shoreline Master Program or any other Title or
law, and provided they are conducted using best management practices, the following uses
shall be allowed within wetlands and their buffers when the requirements of§SMP.830
(Wetlands—Requirements) and SMP.840 (Wetlands—Mitigation) have been met, state and
federal approvals have been granted when required, and mitigation adequate to alleviate any
other impacts has been proposed:
Generally uses will be required to avoid and minimize impacts, and compensate for the impact
that may reduce the functions of the wetland or its buffers.
(a) Those uses listed in §SMP.220 (General Provisions—Allowed Activities).
(b) In Class III and Class IV wetlands only, access to developable portions of legal lots where:
1. There is no other feasible method of accessing the property,
2. Altering the terrain would not cause drainage impacts to neighboring properties, and
(3. Not more than 2,500 square feet of wetland is impacted, and mitigated.
(c) Permitted Uses in a Wetland Buffer—Regulated activities shall not be allowed in a buffer
except for the following:
1. Activities having minimal adverse impacts on buffers and no adverse impacts on
regulated wetlands. These may include low intensity, passive recreational activities such
as low impact trails in outer 25%non-permanent wildlife watching blinds, short-term
scientific or educational activities, and sports fishing;
2. With respect to category III and IV wetlands, stormwater management facilities having
no reasonable alternative on-site location; or
3. With respect to category III and IV wetlands, development having no feasible
alternative location when the following conditions have been met: Impacts are the
minimum necessary; Buffer impacts are mitigated through buffer averaging.
(d)
1. Those activities and uses conducted pursuant to the Washington State Forest
Practices Act and its rules and regulations, WAC 222-12-030, where state law
specifically exempts local authority, except those developments requiring local approval
for Class 4 —General Forest Practice Permits (conversions) as defined in RCW 76.09
and WAC 222-12.
2. Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other
wildlife that does not entail changing the structure or functions of the existing wetland
3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of
such crops and provided the harvesting does not require tilling of soil, planting of crops,
chemical applications, or alteration of the wetland by changing existing topography,
water conditions, or water sources.
4. Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located
completely outside of the wetland buffer, provided that the drilling does not interrupt the
ground water connection to the wetland or percolation of surface water down through the
soil column. Specific studies by a hydrologist are necessary to determine whether the
ground water connection to the wetland or percolation of surface water down through the
soil column will be disturbed.
5. Enhancement of a wetland through the removal of non-native invasive plant species.
Removal of invasive plant species shall be restricted to hand removal unless permits
from the appropriate regulatory agencies have been obtained for approved biological or
chemical treatments. All
Wetlands Guidance for Small Cities Western Washington Version Page A-5
removed plant material shall be taken away from the site and appropriately disposed of.
Plants that appear on the Washington State Noxious Weed Control Board list of noxious
weeds must be handled and disposed of according to a noxious weed control plan
appropriate to that species. Re-vegetation with appropriate native species at natural
densities is allowed in conjunction with removal of invasive plant species.
6. Educational and scientific research activities.
7. Normal and routine maintenance and repair of any existing public or private facilities
within an existing right-of-way, provided that the maintenance or repair does not expand
the footprint of the facility or right-of-way and impacts are mitigated.
8. Stormwater management facilities. Stormwater management facilities are limited to
stormwater dispersion outfalls and bioswales. They may be allowed within the outer
twenty-five percent (25%) of 50-foot management zone, whichever is most protective, of
Category Il, III or IV wetlands buffer when the 50-foot management zone is in an already
developed state including buildings, parking lots, lawn or ornamental landscaping
stormwater management systems designed to blend into the natural landscape allowing
full mature growth of native trees and shrubs, and provide the same or greater functional
habitat that would occur in a naturally vegetated buffer. Specifically, this does not include
buried vaults, ecology block or grass-lined ponds or swales (though ponds or swales
planted with native vegetation may be allowed). Such systems are required to provide
diffuse effluent point(s) to the immediate edge of the no-touch buffer to allow infiltration
and polishing, provided that:
a. No other location is feasible; and
b. The location of such facilities will not degrade the functions or values of the wetland;
and
c. Stormwater management facilities are not allowed in intact buffers of Category I
wetlands.
9. Non-Conforming Uses. Repair and maintenance of non-conforming uses or
structures, where legally established within the buffer, provided they do not increase the
degree of nonconformity.
SMP.830 Requirements.
(a) Buffers—ECA buffers shall be required for all regulated activities adjacent to regulated
wetlands as provided in Table SMP-4, below, unless modified per Subsection (b). Any
wetland created, restored, or enhanced as compensation for approved wetland
alterations shall also include the standard buffer required for the category of the created,
restored, or enhanced wetland. All buffers shall be measured from the wetland boundary
as determined pursuant to §SMP.810 (Wetlands—Determination of Boundary). The
width of the wetland buffer zone shall be determined according to wetland category and
the proposed land use. These buffers have been established to reflect the impact of land
use intensity on wetland functions and values.
(b) The standard buffer widths in Table SMP 4 have been established in accordance with
the best available science. They are based on the category of wetland and the habitat
score as determined by a qualified wetland professional using the Washington state
wetland rating system for Western Washington.
1. The use of the standard buffer width requires the implementation of the measures in
Table SMP 5, where applicable, to minimize the impacts of the adjacent land uses.
2. If an applicant chooses not to apply the mitigation measures in Table SMP 5 or
other sections of this document, then a 33% increase in the width of all buffers is
required. For example, a 75-fott buffer with the mitigation measures would be a 100-
foot buffer without them.
3. The standard buffer widths assume that the buffer is vegetated with a native plant
community appropriate for the ecoregion. If the existing buffer is un-vegetated,
sparsely vegetated, or vegetated with invasive species that do not perform needed
functions, the buffer should either be planted to create the appropriate plant
community of the buffer should be widened to ensure that adequate functions of the
buffer are provided.
4. Additional buffer widths are added to the standard buffer widths as indicated in Table
SMP—4.
(c) The applicant shall dedicate to the City an exclusive Environmentally Critical Area easement
for the protection of wetlands over the Environmentally Critical Area and a buffer consistent with
the standards listed in Subsection (a).
Table SMP 4 —Wetland Buffer Requirements for Western Washington
Wetland Category Standard Additional Additional Additional
Buffer Width buffer width if buffer width if buffer width if
wetland scores wetland scores wetland scores
21 —25 habitat 26—29 habitat 30— 36 habitat
_points points points
Category I: based on total 75 ft Add 30 ft Add 90 ft Add 150 ft
score
Category I: Bogs 190 ft NA NA Add 35 ft
Category I: Natural Heritage 190 ft NA NA Add 35 ft
Wetlands
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
Table SMP5. Examples of Required Measures to Minimize Impacts (This is not a complete
list of measures.
Examples of Activities and Uses that Examples of Measures to Minimize Impacts
Disturbance Cause Disturbances
Lights • Parking lots • Direct lights away from critical areas and buffers
•Warehouses •Day use only regulations preventing the need for lights
• Manufacturing • Timer on lights
• Residential
-Parks
Noise • Manufacturing • Locate activity that generates noise away from
wetlands
• Residential
• Seasonal limitations on hours of operation
Toxic runoff* • Parking lots • Route all new, untreated runoff away from
• Roads wetland while ensuring wetland is not
• Manufacturing dewatered
• Residential areas • Establish covenants limiting use of pesticides
•Application of agricultural within 150 ft of critical area or buffer
pesticides •Apply integrated pest management
• Landscaping
Stormwater • Parking lots • Retrofit stormwater detention and treatment
runoff • Roads for roads and existing adjacent development
• Manufacturing • Prevent channelized flow from lawns that
• Residential areas directly enters the buffer
• Commercial
• Landscaping
Change in • Impermeable surfaces • Infiltrate or treat, detain, and disperse into
water regime • Lawns buffer new runoff from impervious surfaces
•Tilling and new lawns
-Forest and forest duff -Retain minimum forest and forest duff
removal
Pets and • Residential areas • Use privacy fencing; plant dense vegetation to
human •Parks delineate buffer edge and to discourage
disturbance disturbance using vegetation appropriate for
the ecoregion; place wetland and its buffer in
a separate tract
Dust • Construction sites • Use best management practices to control dust
Disruption of •Roads •Maintain connection to offsite areas that are
corridors or •Residential undisturbed
connections •Commercial •Restore corridors or connections to offsite habitats by
•Manufacturing replanting
•Landscaping
•Stormwater
These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered
species are present at the site.
SMP.840 Mitigation.
(a) In order to avoid significant environmental impacts, the applicant for a land use or
development permit shall compensate for unavoidable wetland impacts, listed in order of
preference and in accordance with section 4.2 of the Shoreline Master Plan. What is considered
adequate mitigation will depend on the nature and magnitude of the potential impact, or
specifically identified in the Shoreline Master Program as required mitigation..
1. On-Site Wetlands Restoration/ Improvement—Restoration or improvement in
functional value of degraded on-site wetlands and/or their buffers at the ratio listed in
Table SMP-6 according to the wetland type.
2. On-Site Wetlands Creation—Creation of on-site wetlands and their buffers at the ratio
listed in Table SMP-6 according to the wetland type.
3. On-Site Wetlands Buffer Restoration—Restoration or improvement in functional value
of degraded on-site wetland buffers at the ratio listed in Table SMP-6 according to the
wetland type.
4. Off-Site Wetlands Protection—Where on-site protection is not possible, dedicate an
exclusive easement for the protection of equivalent (in ecological type and function)
wetland and its buffer on an off-site wetland at the ratio listed in Table SMP-6 according
to the wetland type. The location of any off-site wetland mitigation area shall be located
within the same watershed as the impact and as near to the site as possible, following
this preferred order: (i) contiguous to the impacted wetland, (ii) within the same drainage
basin where it would best provide the same function as the impacted wetland, and (iii)
elsewhere within the City.
(b) All wetland restoration, creation and/or enhancement projects required pursuant to this
Appendix either as a permit condition or as the result of an enforcement action shall follow a
mitigation plan prepared in conformance to the requirements of§SMP.390 (Mitigation Plan
Requirements).
(c) 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))
(c) Mitigation ratios for the replacement of impacted wetlands shall be as listed in Table SMP-6.
Table SMP - 6
Category and Creation or Re- Rehabilitation Enhancement Preservation
Type of Wetland establishment
Category I: Bog, Not considered 6:1 Case by case 10:1
Natural Heritage possible
site i
Category I: 6:1 12:1 24:1 24:1
Mature Forested
Category I: 4:1 8:1 16:1 20:1
Based on
functions
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
SMP 850 Monitoring
1. For projects that include native vegetation, a detailed five-year or ten-year
vegetation maintenance and monitoring program to include the following:
(a) Goals and objectives of the shoreline stabilization plan;
(b) Success criteria by which the implemented plan will be assessed;
(c) 1. A Ten (10) year maintenance and monitoring plan for wetland projects
with trees and shrubs , 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,
2. Compensatory mitigation projects shall be monitored for a minimum of five years
with monitoring plans submitted for 0, 1 , 2, 3 and 5 years.
(d) A contingency plan in case of failure.
2. Monitoring of Fish and Wildlife populations may be required
Part IX. Aquifer Recharge Areas
SMP.900 Purpose and Objectives.
(a) The purpose of this Part is to protect public aquifer recharge areas. Additionally, it is the
intent of this Part to adopt development regulations, as required in RCW 36.70A.060, that
preclude land uses or development that is incompatible with critical areas designated under
RCW 36.70A.170.
(b) The objectives of this Part are to:
1. Protect human life and health;
2. Assure the long-term conservation of resources;
3. Protect groundwater; and,
4. Further the public interest in the conservation and wise use of lands.
SMP.910 Applicability.
(a) All development except those exempted in Subsection (b) is subject to the regulations of this
Part.
(b) The following uses are exempt from this Part:
1. Uses legally existing on any parcel prior to these regulations' adoption.
SMP.920 Information Required Upon Application.
All land use permit applications for development subject to these regulations shall include the
information specified in Table SMP-6, Groundwater Protection Administration Guidance Chart.
SMP.930 Hydrogeologic Site Evaluations.
Hydrogeologic site evaluations shall address the following:
(a). Soil texture, permeability, and contaminant attenuation properties;
(b) Characteristics of the unsaturated top layer of soil, the vadose zone, and geologic material,
including permeability and attenuation properties;
(c)Depth to groundwater and/or impermeable soil layer;
(d)Aquifer properties such as hydraulic conductivity and gradients.
(e) Potential impacts to the aquifer or groundwater.
SMP.940 Best Management Practices (BMP) Plans.
Best Management Practices (BMP) Plans shall detail what actions or operations may harm the
aquifer if not performed or managed properly and how such actions or operations shall be
performed or managed so as to avoid impacts. Permit applications may be conditioned on on-
going adherence to the BMP Plan.
SMP.950 Mitigation Plans
(a) If the evaluation identifies significant impacts to critical public aquifer storage recharge
areas, the project applicant is required to document potential impacts and provide a discussion
of alternatives by which such impacts could be avoided or prevented.
(b) The applicant shall provide a detailed mitigation plan for avoiding potential impacts. The City
may require that the mitigation plan include preventative measures, monitoring, process control,
and remediation, as appropriate. The mitigation plan must be approved by the City and be
implemented as a condition of project approval.
SMP.960 Imposition of Conditions on Projects
Based on available information, including that provided by the applicant pursuant to the
requirements of Sections SMP.920 (Aquifer Recharge Areas—Information Required Upon
Application), the permit-issuing authority shall impose conditions designed to prevent
degradation of groundwater quality or quantity. Such conditions may include determining
background water quality and quantity prior to development, determining groundwater levels,
monitoring of those levels, mitigation plans including prevention, and development of
groundwater quality or quantity management plans. All conditions on permits shall be based on
known, available, and reasonable methods of prevention, control, and treatment.
Table SMP-6: Groundwater Protection Administration Guidance Chart Project
Use Type Information Required with
Application
1. A Best Management Practices
Underground Storage Tanks (USTs) as defined by Plan is required, as is proof of
Chapter173-360 WAC compliance with Department of
Ecology regulations and the
license number of the installer. A
mitigation plan may be required.
2. A Best Management Practices
Commercial, industrial, institutional, or other facilities that Plan is required. A mitigation plan
store, use, handle, or produce hazardous substances or may be required.
waste products as defined by WAC 173-303-101
3. Proof of compliance with
On-site sewage disposal systems serving large Department of Ecology and/or
developments, or any single use generating sufficient Snohomish County Health District
effluent over three thousand five hundred (3,500) gallons requirements. A mitigation plan
per day, require approval of their plans by the Department may be required.
of Health under Chapter 246-272 WAC or the Department
of Ecology under Chapter 173-240 WAC
4. Petroleum pipelines Both a Hydrologic Site Evaluation
and a Best Management
Practices Plan are required. A
mitigation plan may be required.
5. Solid waste facilities Both a Hydrologic Site Evaluation
and a Best Management
Practices Plan are required. A
mitigation plan may be required.
6. Land application of sewage sludge from sewage Both a Hydrologic Site Evaluation
treatment works which combine industrial waste and/or and a Best Management
commercial waste with domestic waste or any sewage Practices Plan are required.
sludge application exceeding two (2) acres in size These studies shall determine the
application rate. A mitigation plan
may be required.
7. All other development. Determination of whether the
project lies within a public
groundwater recharge area or
whether any wells are located
within 100 feet of the project. If
either of these criteria is met, the
applicant must show how all
applicable regulations, including
but not limited to those of the
Department of Ecology and/or
Snohomish County Health
District, are met. A mitigation plan
may be required.
APPENDIX C
Restoration Plan
FINAL CITY OF ARLINGTON
GRANT NO.G1000035
SHORELINE RESTORATION PLAN
for the City of Arlington's Shoreline: South Fork and
Mainstem Stillaguamish River and Portage Creek
Prepared for:
City of Arlington
238 North Olympic Avenue
Arlington, WA 28223
Prepared by:
TIIF
WATERSHED City of Arlington
COMPANY and 238 North Olympic Avenue
750 Sixth Street South Arlington, WA 28223
Kirkland . WA 98033 ,
p 425.822.5242
f 425.827.8136
warershedco.com October 2011
The Watershed Company
This report was funded Reference Number:
in part through a grant 090105
from the Washington
I I V I \ Department of Ecology The Watershed Company Project Manager:
f. t: fl 1. 0 u 1 Dan Nickel
City of Arlington Project Manager:
Bill Blake
Cite this document as:
The Watershed Company. October 2011. Final Shoreline Restoration Plan for the City of
Arlington's Shoreline: South Fork and Mainstem Stillaguamish River and Portage Creek.
Prepared for the City of Arlington, Arlington,WA.
The Watershed Company
October 2011
Table of Contents
Section Page
1 Introduction...................................................................................................................1
2 Shoreline Inventory Summary......................................................................................3
2.1 Introduction....................................................................................................3
2.2 Shoreline Jurisdiction.....................................................................................3
2.3 Inventory and Analysis...................................................................................4
2.3.1 Land Use and Physical Conditions ............................................................5
2.3.2 Biological Resources and Critical Areas....................................................9
3 Restoration Goals and Objectives .............................................................................10
4 Existing and Ongoing Projects and Programs..........................................................14
4.1 City of Arlington............................................................................................14
4.1.1 Comprehensive Plan ...............................................................................14
4.1.2 Environmentally Critical Areas Regulations .............................................16
4.1.3 Stormwater Projects and Programs.........................................................16
4.1.4 Capital Projects .......................................................................................17
4.2 Stillaguamish Watershed Council.................................................................18
4.3 Snohomish County.......................................................................................22
4.3.1 Stillaguamish River Comprehensive Flood Hazard Management Plan ....22
4.3.2 Critical Areas Monitoring and Adaptive Management Program................23
4.4 Snohomish Conservation District .................................................................24
4.5 Washington State Department of Ecology....................................................24
5 Involvement of Other Agencies and Entities.............................................................25
5.1 Puget Sound Partnership.............................................................................25
6 Strategies to Achieve Local Restoration Goals ........................................................26
6.1 Capital Facilities Program ............................................................................26
6.2 Development Opportunities..........................................................................27
6.3 Development Incentives...............................................................................27
6.4 Tax Relief/ Fee System...............................................................................27
6.5 Resource Directory ......................................................................................28
6.6 Volunteer Coordination ................................................................................28
6.7 Regional Coordination..................................................................................29
7 Proposed Implementation Targets and Monitoring Methods...................................29
7.1 Project Evaluation........................................................................................29
7.2 Monitoring and Adaptive Management.........................................................30
7.3 Reporting .....................................................................................................32
8 References...................................................................................................................34
9 List of Acronyms and Abbreviations.........................................................................35
City of Arlington
Shoreline Restoration Plan
List of Tables
Table 2-1. Summary of Proposed Shoreline Jurisdiction. ...............................................4
Table 2-2. Current Land Uses in the Stillaguamish River— City Reach...........................6
Table 2-3. Current Land Uses in the South Fork Stillaguamish River— UGA Reach. ......7
Table 2-4. Current Land Uses in the Portage Creek Reach. ...........................................8
Table 2-5. Zoning Designations by Shoreline Reach. .....................................................8
Table 2-6. Impervious Surface and Vegetated Area by Shoreline Reach........................8
Table 2-7. Extent of Wetlands by Shoreline Reach. ........................................................9
Table 2-8. Stream Outfalls by Shoreline Reach. ...........................................................10
Table 3-1. Restoration Goals and Objectives Addressing Ecological Functions in the
City. .............................................................................................................12
Table 4-1. Projects to Be Implemented with Environmental Restoration Components in
or Impacting Shoreline Areas. ......................................................................17
Table 4-2. Relationship of Chinook Salmon Habitat Protection to Limiting Factors.......19
Table 4-3. Existing and Future City Projects or Programs that Assist in the
Implementation of the Chinook Plan.............................................................21
Table 4-4. Recommended Actions in the Snohomish Surface Water Management Flood
Hazard Management Plan that involve the City and May Achieve Restoration
Objectives....................................................................................................23
Table 7-1. Implementation Schedule and Funding for Restoration Projects, Programs
andPlans.....................................................................................................32
List of Figures
Figure 2-1. Shoreline Reaches........................................................................................5
The Watershed Company
October 2011
SHORELINE RESTORATION
PLAN
CITY OF ARLINGTONIS SHORELINE: SOUTH FORK AND
MAINSTEM STILLAGUAMISH RIVER AND PORTAGE CREEK
1 INTRODUCTION
The City of Arlington's (City's) Shoreline Master Program (SMP) applies to activities in
the City's shoreline jurisdiction. Activities that have adverse affects on the ecological
functions and values of the shoreline must be mitigated. By law, the proponent of an
activity is required to return the subject shoreline to a condition equivalent to the
baseline level at the time the activity takes place. It is understood that some uses and
developments cannot always be mitigated fully, resulting in incremental and
unavoidable degradation of the baseline condition. The subsequent challenge is to
improve the shoreline over time in areas where the baseline condition is degraded,
severely or marginally.
WAC Section 173-26-201(2)(f) of the Shoreline Master Program Guidelines (Guidelines)'
says:
Master programs shall include goals and policies that provide for restoration of
such impaired ecological functions. These master program provisions shall
identify existing policies and programs that contribute to planned restoration
goals and identify any additional policies and programs that local government
will implement to achieve its goals. These master program elements regarding
restoration should make real and meaningful use of established or funded
nonregulatory policies and programs that contribute to restoration of ecological
functions, and should appropriately consider the direct or indirect effects of
other regulatory or nonregulatory programs under other local, state, and federal
laws, as well as any restoration effects that may flow indirectly from shoreline
development regulations and mitigation standards.
Degraded shorelines are not just a result of pre-SMP activities,but also of unregulated
activities and exempt development. The Guidelines also require that "[l]ocal master
programs shall include regulations ensuring that exempt development in the aggregate
The Guidelines were prepared by the Washington Department of Ecology and codified as WAC 173-26,
Part III. The Guidelines translate the broad policies of the Shoreline Management Act(RCW 90.58.020)into
standards for regulation of shoreline uses. See
http://www.eQt.wa.gov/programs/sea/sma/guidelines/index.htmi for more background.
1
City of Arlington
Shoreline Restoration Plan
will not cause a net loss of ecological functions of the shoreline." While some actions
within shoreline jurisdiction are exempt from a permit, the SMP should clearly state that
those actions are not exempt from compliance with the Shoreline Management Act
(SMA) or the local SMP. Because the shoreline environment is also affected by activities
taking place outside of a specific local master program's jurisdiction (e.g., outside of city
limits, outside of the shoreline area within the city), assembly of out-of-jurisdiction
actions, programs, and policies can be essential for understanding how the City fits into
the larger watershed context. The latter is critical when establishing realistic goals and
objectives for dynamic and highly inter-connected environments.
Restoration of shoreline areas,in relation to shoreline processes and functions,
commonly refers to methods such as re-vegetation, removal of invasive species or toxic
materials, and removal of bulkhead structures, piers, and docks. Consistent with the
Washington State Department of Ecology's (Ecology's) definition,use of the word
"restore," or any variations, in this document is not intended to encompass actions that
reestablish historic conditions. Instead, it encompasses a suite of strategies that can be
approximately delineated into four categories:
• Creation(of a new resource)
• Restoration(of a converted or substantially degraded resource)
• Enhancement (of an existing degraded resource)
• Protection (of an existing high-quality resource)
As directed by the Guidelines, the following discussions provide a summary of baseline
shoreline conditions, list restoration goals and objectives, and discuss existing or
potential programs and projects that positively impact the shoreline environment. In
total, implementation of the SMP (with mitigation of project-related impacts) in
combination with this Restoration Plan(for restoration of lost ecological functions that
occurred prior to a specific project) should result in a net improvement in the City's
shoreline environment in the long term.
In addition to meeting the requirements of the Guidelines, this Restoration Plan is also
intended to support the City's or other non-governmental organizations' applications
for grant funding, and to provide the interested public with contact information for the
various entities working within the City to enhance the environment.
2
The Watershed Company
October 2011
2 SHORELINE INVENTORY SUMMARY
2.1 Introduction
The original SMP for the City was approved in 1974 and has not had a major update in
over 10 years. The current SMP process represents an effort to update to the City's
existing SMP. Much has changed along the City's shorelines since the existing SMP was
adopted. The existing SMP consists of the goals and policies in the city's Comprehensive
Plan and provisions in the Arlington Muncipal Code.
In January 2011 the City completed a comprehensive inventory and analysis of its
shorelines as an element of its SMP update. The purpose of the shoreline inventory and
analysis was to gain a greater understanding of the existing condition of the City's
shoreline environment to ensure the updated SMP policies and regulations are well-
suited in protecting ecological processes and functions. The document describes
existing physical and biological conditions in the shoreline zones within City limits and
includes recommendations for restoration of ecological functions where they are
degraded. The inventory and analysis, titled Shoreline Analysis Report for the City of
Arlington's Shoreline: South Fork and Mainstem Stillaguamish River and Portage Creek(TWC
2011), is summarized below.
2.2 Shoreline Jurisdiction
As defined by the SMA, shorelines include certain waters of the state plus their
associated "shorelands." At a minimum, the waterbodies designated as shorelines of the
state are streams whose mean annual flow is 20 cubic feet per second (cfs) or greater.
Shorelands are defined 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...Any county or city may determine that portion
of a one-hundred-year-floodplain to be included in its master program as long as
such portion includes, as a minimum, the floodway and the adjacent land
extending landward two hundred feet therefrom... Any city or county may also
include in its master program land necessary for buffers for critical areas (RCW
90.58.030)"
The entirety of the South Fork and mainstem Stillaguamish River within City limits and
the urban growth area (UGA) is a regulated Shoreline and is considered a Shoreline of
Statewide Significance (>_1,000 cubic feet per second). Additionally, Portage Creek is
also considered a shoreline stream. Associated wetlands, floodway, and contiguous
floodplains are also considered within shoreline jurisdiction.
3
City of Arlington
Shoreline Restoration Plan
Note that the City's existing shoreline management area includes only the shorelines of
the South Fork and mainstem Stilliguamish River. This shoreline management area has
been adjusted to include Portage Creek (subject to City Council and Ecology approval)
concurrent with this SMP update. A detailed discussion of the entire jurisdiction
assessment and determination process can be reviewed in full in the Shoreline Analysis
Report for City of Arlington's Shoreline-Appendix C(TWC 2011)).
2.3 Inventory and Analysis
The shoreline inventory and analysis includes all land within the City's proposed
shoreline jurisdiction(see the Shoreline Analysis Report for City of Arlington's Shoreline-
Appendix C(TWC 2011)). The total area subject to the City's updated SMP,not including
aquatic area, is approximately 198.43 acres (0.31 square miles), and encompasses
approximately 9,808 linear feet of shoreline.
In order to break down the shoreline into manageable units and to help evaluate
differences between discrete shoreline areas, the City's shorelines have been divided
into assessment units based on biological character, dominant land use, and location
within City limits or the UGA, as follows:
• Stillaguamish River-City
• South Fork Stillaguamish River-UGA
• Portage Creek
Table 2-1, below, shows the breakdown of jurisdictional dimensions for each shoreline
reach. Figure 2-1,below, depicts the shoreline reaches.
Table 2-1. Summary of Proposed Shoreline Jurisdiction.
Total Total Total
Jurisdictional Jurisdictional Jurisdictional
Shoreline Reach Area Area Area
(acres) (square miles) (linear feet)
South Fork and mainstem Stilliguamish (City) 30.25 0.05 2,885
Mainstem Stilliguamish (UGA) 159.78 0.25 6,849
Portage Creek 8.40 0.01 74
Total 198.43 0.31 9,808
4
The Watershed Company
October 2011
Figure 2-1. Shoreline Reaches.
9
i
_ s
-millagoamish
\ ; t-Jtlll�glll�ill �VG.A
_C reek
1 i
Legend
_- Reach Areas
Proposed Jurisdiction
1
South Slough
Area of additional zMysis
_ ( 0 6.25 0-5 t 1.5 2
1,TJK
2.3.1 Land Use and Physical Conditions
The City of Arlington is located in Snohomish County in the Puget Sound Region, and
contains freshwater shorelines associated with Washington State's Water Resource
Inventory Area (WRIA) 5 - Stillaguamish. The Stillaguamish River Basin includes more
than 4,618 miles of streams and rivers (Stillaguamish Technical Advisory Group (STAG)
2000) and drains an area of 684 square miles, making it the fifth largest basin draining to
Puget Sound. It extends from the Cascade Mountains along the eastern boundary to
Port Susan (Puget Sound) near Stanwood in the west. Elevations within the watershed
range from sea level at Stanwood to 6,854 feet at the summit of Three Fingers. Unlike
most eastside Puget Sound river basins, the Stillaguamish Basin does not extend all the
way to the Cascade Crest, but is rather bordered to the east and surrounded by two
other Puget Sound basins, the Snohomish and Skagit.
5
City of Arlington
Shoreline Restoration Plan
In the Stillaguamish River—City reach, land use was historically connected to timber-
related industries. Currently, 51%of this reach is zoned Parks/Semi-Public (P/SP). The
P/SP district is intended to accommodate public and semi-public uses, such as schools,
government services and facilities, public utilities, community facilities, parks, etcetera,
on publicly owned land. Forty-one percent of this reach is zoned Old Town Business
District 3 (OTBD-3). The OTBD zones are designed to accommodate a mix of a wide
variety of commercial activities and high density residential uses in a pedestrian-
oriented environment. Seven percent of the reach is zoned Low to Moderate Density
Residential (RLMD). RLMD-zoned areas are designed primarily to accommodate
detached single-family residential development and recreational, quasi-public, and
public uses that customarily serve residential development in areas served by public
sewer and water facilities. Some types of two-family residences are allowed in this
district on larger lots. 1% of this reach is zoned High Density Residential (RHD). RHD-
zones areas are designed primarily to accommodate higher density multi-family
developments and recreational, quasi-public, and public uses that customarily serve
residential development in areas served by public sewer and water facilities. Only 2 or 3
small lots in this reach remain undeveloped. While the return of timber-related
industry is unlikely, a canoe or kayak facility is a potential future use. The potential for
future subdivisions of over four lots is very low. However, there are two lots where an
old farm house and a trailer park are currently located, which may be converted into a
commercial business providing some public access to the shoreline. Current land use in
this reach is summarized in Table 2-2 below. Haller Park and Twin Rivers Park(in
Snohomish County, across the river from the City) currently provide shoreline public
access to the Stillaguamish River. Haller Park is due for upgrades to improve public
access, including repair of the existing boat launch.
Table 2-2. Current Land Uses in the Stillaguamish River— City Reach.
Approximate
Land Uses Number
of Parcels
Executive, Legislative &Judicial Functions 1
Four Family Residence (Four Plex) 1
Manufactured Home (Owned Site) 1
Mobile Home Park 1 —20 Units 1
Parks—General Recreation 1
Religious Activities (Churches, Synagogues, etc.) 1
Rivers, Streams, or Creeks 4
Single Family Residence Condominium 4
Single Family Residence— Detached 16
Three Single Family Residences 1
Trails (Centennial, et al) 1
Two Family Residence (Duplex) 2
Undeveloped (Vacant) Land 10
Not all parcels are developable lots due to site constraints.
6
The Watershed Company
October 2011
When the Shoreline Analysis Report for the City of Arlington's Shoreline: South Fork and
Mainstem Stillaguamish River and Portage Creek(TWC 2011) was prepared, 96% of the
South Fork Stillaguamish River—UGA reach was zoned Low to Moderate Density
Residential (RLMD). However, the majority of this area, including the Country Charm
Recreation and Conservation Area (County Charm), has had the zoning changed from
RLMD to Public/Semi-Public(P/SP). Approximately two percent of this reach is
currently zoned High Density Residential(RHD). However, approximately 15 acres of
upland that was not purchased by the City for the County Charm Recreation and
Conservation area has been pre-zoned RHD. When the rezoning process occurs, the
City will consider an Urban Horticulture zoning,which may provide incubator business
opportunities associated with enhanced public access. Approximately one percent of
the reach is zoned Suburban Residential (SR),which is designed primarily to
accommodate detached single-family residential development and recreational, quasi-
public, and public uses that customarily serve residential development in areas served
by public sewer and water facilities. Some types of two-family residences are allowed in
this district on larger lots. Approximately one percent of the reach is zoned Moderate
Density Residential (RMD), which is designed primarily to accommodate detached or
attached single-family residential uses at medium densities and recreational, quasi-
public, and public uses that customarily serve residential development in areas served
by public sewer and water facilities. Some types of two-family residences are allowed in
this district on larger lots. Current land use in this reach is summarized in Table 2-3
below. Country Charm will provide shoreline public access to the Stillaguamish River
in the future.
Table 2-3. Current Land Uses in the South Fork Stillaguamish River— UGA Reach.
Approximate
Land Use Number
of Parcels
Nursery, Primary & Secondary School 1
Open Space Agriculture RCW 84.34 1
Single Family Residence— Detached 4
Undeveloped (Vacant) Land 6
Seventy-nine percent of the Portage Creek reach is zoned Highway Commercial (HC).
The HC zone is designed to accommodate the widest range of commercial activities.
Uses allowed here include those allowed in other commercial districts,but also those
that require highway access or that should be separated from residential uses. Twenty-
one percent of this reach is zoned Low to Moderate Density Residential (RLMD). Land
in this reach is currently used for private farm operations (including on the single vacant
lot). Possible future uses for the creek buffer in this area include public viewing,
stormwater management, and increased landscaping. Current land use in this reach is
7
City of Arlington
Shoreline Restoration Plan
summarized in Table 2-4 below. Portage Creek does not currently have public access or
recreation sites within the City's shoreline jurisdiction, though some viewing
opportunities are available from the adjacent roadway.
Table 2-4. Current Land Uses in the Portage Creek Reach.
Approximate
Land Use Number
of Parcels
Open Space Agriculture RCW 84.34 1
Undeveloped (Vacant) Land 1
Table 2-5 provides a breakdown by reach of zoning designations. Summary details for
impervious surface and vegetative cover are shown in Table 2-6.
Table 2-5. Zoning Designations by Shoreline Reach,
Shoreline Reach Zoning
- - Type' % f Type % Type % Type % Type % -
Stillaguamish P/SP 51 OTBD-3 41 RLMD 7 RHD 1
River—City
South Fork
Stillaguamish RLMD ±82 RHD 2 SR 1 RMD <1 P/SP ±883
River— UGA
Portage Creek HC 79 RLMD 21
P/SP= Public/Semi-Public, OTBD=Old Town Business District, RLMD= Low/Moderate Density Residential, RHD
= High Density Residential, SR=Suburban Residential, RMD=Moderate Density Residential, HC= Highway
Commercial
2 Percentage approximate. A rezoning since the Shoreline Analysis Report for City of Arlington's Shoreline was
prepared has yielded the 96%figure presented in that report obsolete.
Percentage approximate A rezoning since the Shoreline Analysis Report for City of Arlington's Shoreline was
prepared has yielded the 1%figure presented in that report obsolete.
Table 2-6. Impervious Surface and Vegetated Area by Shoreline Reach.
a � Impervious Impervious �
Vegetation Vegetation
Shoreline Reach Surfaces Surfaces
° (acres) (%)
(acres) /o
Stilla uamish River—City 8.47 28 2 6.6
South Fork Stillaguamish
River—UGA Approx. 1 <1 94 59
Portage Creek 0.50 6 2 24
Total 9.97 5 98 49
8
The Watershed Company
October 2011
No reservoirs occur along either fork of the Stillaguamish River or the mainstem, and
flows in the basin are essentially unregulated. While diking of the lower mainstem of
the river is prevalent throughout the Stillaguamish Flood Control District, entirely west
of Interstate 5, no diking is known to occur within the City's shoreline jurisdiction.
Some diking does occur in unincorporated Snohomish County along the south bank of
the mainstem just downstream (west) of the City (e.g. the Dike Road/Johnson levee).
2.3.2 Biological Resources and Critical Areas
The City's critical areas regulations include frequently flooded areas, aquifer recharge
areas, geologically hazardous areas (areas susceptible to erosion, landslides, seismic
events, liquification, and other geologic events), wetlands, fish and wildlife conservation
areas, and streams, creeks, lakes, and other surface water. The inventory of critical areas
was based on a wide range of information sources, including City GIS, critical area
inventories, Washington Department of Fish and Wildlife (WDFW) databases, and other
relevant maps and literature obtained from the Washington Department of Natural
Resources, Ecology, National Marine Fisheries Service, and the US Fish and Wildlife
Service.
The northernmost end of the City is located on the South Fork and mainstem
Stillaguamish River, and Portage Creek runs through a portion of the City in the west
section. Shoreline jurisdiction includes these areas, as well as associated wetlands
totaling 2.01 acres along the South Fork and mainstem Stillaguamish in the City, 102.24
acres along the South Fork Stillaguamish within the UGA, and 1.77 acres along Portage
Creek(Table 2-7).
Table 2-7. Extent of Wetlands by Shoreline Reach.
Wetland Area Wetland Area as
Shoreline Reach (acres), Percent of
Shoreline
Stillaguamish River—City 2.01 7.6
South Fork Stillaguamish
River— UGA 102.24 64.0
Portage Creek 1.77 21.1
Total 106.02 53.5
Wetland areas are based on GIS data and should be regarded as approximate.
Geologically hazardous areas within shoreline jurisdiction mapped by the City's GIS
include ground shake, lahars, liquification susceptibility, and landslides. Additionally,
the Federal Emergency Management Agency identifies floodplains and floodways along
the South Fork and mainstem Stillaguamish, and floodplain along Portage Creek.
WDFW mapping of Priority Habitat and Species indicates the presence of Fish and
Wildlife Habitat Conservation Areas within and adjacent to the shoreline zone. These
includewinter eagle concentrations, swan winter feeding, riparian and wetland areas,
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and bull trout, Chinook salmon, chum salmon, Coho salmon, cutthroat trout, pink
salmon, and steelhead.
Stream outfalls are shown in Table 2-8,below.
Table 2-8. Stream Outfalls by Shoreline Reach.
Shoreline Reach Stream
Outfalls
Stillaguamish River—City 0
South Fork Stillaguamish
River—UGA 1
Portage Creek Not available
Total 1
3 RESTORATION GOALS AND OBJECTIVES
Goals for restoring the City's shoreline are derived from analysis of watershed function,
water quality, salmon recovery,habitat and other ecological studies. General goals are
as follows:
Goal 1 Where possible, allow natural ecosystem processes to occur.
Goal 2 Where possible, restore the elements of naturally occurring landscape
conditions that can mature over time.
Goal 3 Involve landowners and volunteer groups to assist with the restoration
and monitoring of shoreline conditions.
Goal 4 Reduce the potential for pollutants to enter the Stillaguamish River and
Portage Creek.
These goals provide direction and guidance for the plan's objectives. Objectives refer to
specific actions, ideally measurable, that can be taken to achieve the stated goals. For
example, to meet the goal of improving water quality, an objective would be to remove
creosote pilings. By translating the restoration goals into objectives, the objectives for
this Restoration Plan are:
Objective 1 Prevent the need for further armoring or diking along shoreline areas
by not allowing activities that would require additional flood
protection.
Objective 2 Where possible, remove armoring to allow natural processes to occur.
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Objective 3 Protect riparian forests from further degradation so they may provide
large woody debris (LWD) recruitment in the future.
Objective 4 Do not remove LWD from shoreline areas so it can perform natural
stabilization and habitat funtions.
Objective 5 Restore native vegetation where landscape is dominated by invasive
species that do not allow for natural recruitment of LWD.
Objective 6 Restore native vegetation in residential riparian areas when uses
change from residential to commercial or other uses.
Objective 7 Restore wetlands in areas where soils indicate they historically
occurred.
Objective 8 Restore small streams and side channel morphology.
Objective 9 Restore LWD to areas within and along shorelines to expedite the
return of functions needed by wildlife.
Objective 10 Reduce the potential for outside influences such as light and noise to
interfere with breeding and migration patterns.
Objective 11 Maintain a list of restoration opportunities and invite volunteers to
participate in scheduled events.
Objective 12 Implement a landowner education program that provides private
landowners along the shoreline best management practices (BMPs)
specific to their location.
Objective 13 Seek out long-term volunteers to act as adopt-a-park stewards for
ongoing education, maintenance, and protection activities.
Objective 14 Require and assist with restoration of riparian buffer functions,
including the retention of forest duff for the capture and treatment of
pollutants.
Objective 15 Require that any new or re-development provide stormwater
treatment as required to prevent introduction of pollutants to the
Stillaguamish River or Portage Creek.
Objective 16 Provide sufficient restroom facilities at all public or private shoreline
recreation areas.
Objective 17 Provide sufficient garbage and recycling facilities at all public and
private shoreline recreation areas.
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Table 3-1. Restoration Goals and Objectives Addressing Ecological Functions in the City.
Restoration Ecological function(s)
goal Objective(s) addressed Potential metrics
• Maintain flood storage - Net flood storage
• Provide flood refuge for fish following development
#1 Prevent further • Provide stream bank riparian ' Available side channel
armoring or diking habitat conditions habitat
Allow channel migration when ' Total forested riparian
practical
area
• Allow channel migration when ■ Available side channel
#2 Remove armoring practical habitat
• Provide stream bank riparian ■ Total forested riparian
Where possible, allow habitat condition area
natural ■ LWD counts along
ecosystem • Provide LWD recruitment for stream bank
processes to fish habitat • Eroding
occur. #3 Protect riparian • Provide natural bank banks/landslides
forests from further stabilization • Riparian survey of herb,
degradation • Reduced overland flow of shrub, and tree cover
stormwater (spherical densitometer) „
• Wildlife habitat ■ Wildlife use survey'
• Aesthetics • Impervious surface
monitoring
• Provide LWD recruitment for • LWD counts along
#4 Do not remove fish habitat stream bank
LWD from shoreline • Provide natural bank • LWD counts in riparian
areas stabilization buffer
• Wildlife habitat ■ Wildlife use survey'
#5 Restore native • LWD recruitment ■ Riparian survey
Where vegetation where • Stream bank stabilization ■ Eroding banks
possible, invasive species do • Wildlife habitat ■ Wildlife use survey'
restore the not allow recruitment • Improved water quality ■ Stream temperature
elements of
naturally #6 Restore native
occurring vegetation in riparian
landscape areas when uses • LWD recruitment ■ Riparian survey
conditions that change from • Stream bank stabilization • Eroding banks
can mature residential to • Wildlife habitat - Wildlife use survey'
over time. commercial or other • Improved water quality ■ Stream temperature
uses
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l Restoration Ecological function(s)
goal Objective(s) addressed Potential metrics
• Water quality treatment ' Water quality sampling
#7 Restore wetlands • Water quantity storage • Area of additional water
where soils indicate • Fish habitat storage created
■they historically Fish use monitoring Wildlife habitat Wildlife use survey
occurred N Amphibian habitat Amphibian pitfall trap
survey_
• Fish flood refugia
#8 Restore small • Fish migration, rearing, and Fish use monitoring
stream and side spawning Eroding banks
channel morphology • Sediment management Restoration project
totals
Reduced flow velocities
• LWD counts
#9 Restore LWD • LWD recruitment Restoration project
within and along • Stream bank stabilization totals
shoreline areas • Wildlife habitat Wildlife use surveys'
• Eroding banks
• Fish and wildlife migration
#10 Reduce outside Wildlife reproduction Fish use monitoring
influences such as Wildlife monitoring
light and noise ■ Fish and wildlife juvenile Wildlife surveys'
rearing
• Riparian planting and Restoration project
#11 Maintain a list of maintenance totals
restoration ■ Water quality sampling Water quality data
opportunities ■ Monitoring from the potential Other metrics as
metrics scheduled
------- - -------------- ----- - _------------------------------------------------------..
Involve • Set up annual calendar with ° Metric appropriate to
landowners seasonal actions for volunteers seasonal calendar by
site
and volunteer
#11 Invite volunteers to accomplish • Metric appropriate to
groups to to participate in events • Set up annual calendar with specific landowner
assist with the seasonal actions for s p
restoration landowners to accomplish project
and
monitoring of • Select several sites to
shoreline landowner
Implement a Provide site specific technical monitor success of
conditions landowner education information and BMPs protection or
program maintenance activity
#13 Seek out long- 0 Metric appropriate to
term volunteers to act Set up annual calendar with seasonal calendar by
as adopt-a-park seasonal actions site
stewards
Reduce the Uptake of nutrients by riparian Riparian survey
potential for #14 Require and vegetation . Water quality data
pollutants to assist with restoration Capture and bioremediation of . Stream bank erosion
enter the urban pollutants by forest duff
Stillaguamish of riparian functions Storage of stormwater by Impervious surface
monitoring
River and vegetation and duff
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Shoreline Restoration Plan
Restoration Objective(s) Ecological function(s) Potential metrics
goal addressed
Portage #15 Require that new ■ Water storage Water quality data
Creek. or re-development • Sediment storage q y
provide stormwater ■ Toxic compound removal • Impervious surface
treatment a Nutrient removal
monitoring
#16 Provide sufficient � Fecal coliform . Water quality data
restroom facilities Endocrine disrupters . Soil sampling
■ Plastics in food chain
■ Acute injury to people and
#17 Provide sufficient wildlife Garbage collection
totals and frequency
garbage and recycling ■ Fecal coliform
facilities Nutrients Riparian surveys
■ Invasive species Soil sampling
• Toxic compounds
Wildlife surveys may include avian, mammal, insect, fish and amphibians.
4 EXISTING AND ONGOING PROJECTS AND
PROGRAMS
The following series of existing and ongoing projects and programs includes those
related to a variety of entitities, including the City, Snohomish County, and other
organizations that are active in and around the Arlington area.
4.1 City of Arlington
Several City projects and programs contribute to shoreline restoration efforts.
These projects and programs include:
• Comprehensive plan
• Environmentally critical areas regulations
• Stormwater projects and programs
• Capital projects
4.1.1 Comprehensive Plan
The City of Arlington Comprehensive Plan contains several provisions applicable to
shorelines. Key goals and policies are included below (City of Arlington 2005).
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From Overall Goals and Policies:
GO-2 Provide effective stewardship of the environment, protect
environmentally sensitive areas and the natural wildlife that utilizes
those areas, and conserve land, air, water, and energy resources for
current and future generations.
From Land Use Goals and Policies,Resource Protection:
GL-19 To safeguard community environmental conditions and resources the
City shall encourage the effective stewardship of the environment and
protect critical areas and conserve land, air, water and energy resources.
PL-19.5 Use local resources whenever possible to encourage local involvement in
community actions.
PL-19.7 Protect and enhance the natural environment while planning for growth.
PL-19.8 Maintain or restore aquatic ecosystems and associated habitats and
aquifers through the development and implementation of a
comprehensive protection program.
PL-19.9 Protect and maintain elements of the environment including clean water,
natural vegetation and habitat corridors through adopted development
regulations and a variety of educational, voluntary, and incentive
programs.
From Parks and Recreation Goals and Policies:
GP-1 Maintain and support existing and future recreational and cultural
activities.
PP-1.10 Volunteerism is a significant source of energy and ideas. The City must
continue to tap and improve existing opportunities to involve the
community in its own programs. The City should formalize a volunteer
program, which could include programs such as "adopt a park" and
"adopt a trail."
PP-1.11 Each community park should have restroom facilities.
GP-5 Preserve and enhance open space,natural, and cultural resources.
PP-5.3 Plan, locate and manage park and recreation facilities so that they
enhance wildlife habitat,minimize erosional impacts, and complement
natural site features.
PP-5.9 Certain open space lands should be managed as native growth areas and
kept in a natural state to maintain existing habitat value. In the case of
degraded or impacted lands, these areas may be enhanced to provide a
higher value.
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GP-7 Develop park and trail design and development standards.
PP-7.4 Develop standards for delineating usable private and public property
from critical areas and their buffers.
GP-8 Remain a Tree City.
PP-8.2 Consider implementing a voluntary neighborhood tree planting program.
4.1.2 Environmentally Critical Areas Regulations
The City's environmentally critical areas regulations are found in Arlington Muncipal
Code, Chapter 20.88. These regulations are based on best available science, and provide
protection to environmentally critical areas in the City outside of shoreline jurisdiction,
including streams, lakes, wetlands, frequently flooded areas, geologically hazardous
areas, and fish and wildlife conservation areas. Management of the City's critical areas
using these regulations should help ensure that ecological functions and values are not
degraded and impacts to critical areas outside of shoreline jurisdiction are mitigated.
These environmentally critical areas regulations are important tools that will help the
City meet its restoration goals.
4.1.3 Stormwater Projects and Programs
The Stormwater Comprehensive Plan presents the current conditions of the stormwater
infrastructure in the City and UGA,identifies issues and challenges facing stormwater
utility management(infrastructure, operations, regulations, compatibility with
landscape processes), and presents capital improvement project options for stormwater
management (City of Arlington 2010).
The City Natural Resources Department included resource protection projects in the
stormwater comprehensive planning process. Although not all resource projects made
the final funding list, future funding possibilities will continue to be pursued.
The 2011 Stormwater Management Program addresses NPDES Phase II permit
requirements. The NPDES permit requires the City to develop and implement a
Stormwater Management Program that addresses permit conditions grouped according
to the following components:
• Public Education and Outreach
• Public Involvement
• Illicit Discharge Detection and Elimination
• Runoff Control for New Development, Redevelopment and Construction Sites
• Pollution Prevention for Municipal Operations and Maintenance
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• Total Maximum Daily Loads (TMDLs), also known as water clean-up plans
(City of Arlington 2011)
Additionally, the City has a stormwater utility that provides commercial property
owners the opportunity to request fee reductions based on the stormwater treatment
and retention their system provides. If a business installs a stormwater system that
infiltrates 100% of the stormwater flows 100% of the time, property owners can achieve
up to a 50%reduction in stormwater fees.
In order to assess the appropriate fee a business is charged, the City tracks the total
impervious area of commercial properties. The City can utilize this information to
assess the net loss or gain of impervious area within shoreline areas with commercial
properties, particularly in the Historic Shoreline Business District environment
designation.
4.1.4 Capital Projects
Listed below in Table 4-1 are capital projects that are planned for implementation by the
City. The projects can be grouped as follows:
• Sanitary Sewer/Reclaimed (R)
• Water (W)
• Stormwater (S).
Table 4-1. Projects to be Implemented with Environmental Restoration Components in or
Impacting Shoreline Areas.
Project/Location Environmental component(s) Implementation
status
S2—Stillaguamish City Stormwater trunk line improvements Future
S3—Stillaguamish City Stormwater Outfall repair Future
S4—Stillaguamish City Old Town stormwater wetland completion In-process
(future)
S7—Stillaguamish City Centennial trail storm re-direction Future
S8—Stillaguamish City Haller park outfall improvements Future
S9—Stillaguamish City Haller park bacterial control Future
S20— Portage Creek Portage Creek WQ Investigation Future
S20— Portage Creek Lower Portage Flood Mitigation Future
S21 — Portage Creek Lower Portage Wetland Restoration Future
S22 — Portage Creek Lower Portage Wetland Restoration Future
S47—Stillaguamish UGA Graafstra Riparian Area In-process
S54a—Stillaguamish UGA Eagle Wetland #SH0888 In-process
S54b—Stillaguamish UGA Eagle Clay Cliff Ponds#SH0860 Future
R EX7—WWTP4WWRF Improve the effluent from Sanitary sewer system being Complete
Upgrade Arlington City released to the Stillaguamish River
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Project/Location Environmental component(s) Implementation
status
W WM2—Portage Creek Water main improvement 204`n with creek crossing Future
WM3—Stillaguamish City Source Water protection program In-process
WF2 - Stillaguamish City Utility parks building at Haller Park In-process
WF5 - Stillaguamish City Haller well field improvements Future
The City's Natural Resources Department developed a capital plan for restoration of
stream and wetland areas in response to Endangered Species Act (ESA) concerns in
2000. Although the plan was never adopted, it has been utilized to prioritize and
implement restoration projects in some areas of the shoreline. The Natural Resources
Department also developed the ESA "Framework to Recovery." While not yet adopted
by the City Council, this document was used in the development of the Stormwater
Management Plan.
4.2 Stillaguamish Watershed Council
The mission of the Stillaguamish Watershed Council (SWC) is to "maintain a healthy,
functioning Stillaguamish Watershed by providing a local forum in which agencies,
organizations, communities, and the public can engage in a collaborative watershed
based process of decision making and coordination." WRIA 5 participation is
accomplished through the SWC.
The SWC is a non-regulatory, grassroots group currently with twenty-six members (the
SWC may grow to include more stakeholders). The SWC includes the Stillaguamish
Technical Advisory Group (STAG), which develops technical recommendations for
salmon conservation.
The City of Arlington Natural Resources Manager has been Chair or Co-Chair of the
SWC since the year 2000. Additionally, the City plays a major role in representing the
Stillaguamish Watershed at the Puget Sound Salmon Recovery Council, and as the
alternate representative to the Ecosystems Board that guides the Puget Sound
Partnership. The City also participates in the STAG.
The Stillaguamish Implementation Review Committee (SIRC), the former name of the
SWC, prepared the Stillaguamish Watershed Chinook Salmon Recovery Plan(Chinook
Plan) in 2005. The purpose of the document is to provide guidance to local stakeholders
in a collaborative effort to restore and protect Chinook salmon populations in the
Stillaguamish River watershed (WRIA 5).
The Chinook Plan identifies six habitat limiting factors for Chinook salmon population
in the Stillaguamish Watershed: riparian, estuarine, large wood, floodplain, sediment,
and hydrology. The limiting factors are not prioritized as they all have significant
impacts on various life stages of Chinook. The plan indicates that the City has the
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opportunity to improve four of the limiting factors, as shown in the top row of Table 4-2
below.
Table 4-2. Relationship of Chinook Salmon Habitat Protection to Limiting Factors.
Jurisdiction/
Riparian Estuary Woudy Floodplain Sediment Hydrology
Agency
Debris
City of ✓ ✓ ✓ ✓
Arlinatou
City of ✓ ✓
Stanwood
Snohonush ✓ ✓ ✓ ✓
Cotmty
Skagit Cotutty ✓ ✓
WA State ✓ ✓ — - - f ✓
Department of
EC010ffy
WA ✓ ✓ ✓
Department of
Fish and
Wildlife
WA ✓ ✓ ✓ ✓ ✓
Department of
Nantral
Resources
US Forest ✓ ✓ ✓ ✓ ✓
Service
The plan provides the following general recommendation that applies to the City:
• All cities, counties, state and federal agencies, tribes, and other stakeholder
organizations in the Stillaguamish Watershed should adopt policies and
objectives to protect and restore salmon habitat and watershed processes.
Specific actions supporting these policies and objectives may include:
o Support low-density/low impact land uses in rural areas outside of urban
growth areas;
o Protect and restore appropriate riparian areas;
o Maintain and restore natural streambank conditions;
o Protect and restore natural watershed functions in the floodplain and
channel migration zone;
o Retain large woody debris in stream to support salmon habitat and
restore natural watershed processes;
o Eliminate existing fish passage barriers such as culverts and tide gates
and prevent the creation of new barriers;
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Shoreline Restoration Plan
o Achieve no net loss of wetland functions and values, and restore
degraded wetlands where possible;
o Avoid cumulative adverse impacts to streams, riparian corridors, and
wetlands throughout the watershed; and
o Address salmon habitat protection in management plans for natural areas
and open spaces (SIRC 2005).
There is also a three-year work plan listing potential projects, Habitat Work Schedule,
and annual Salmon Recovery Funding Board (SRFB) processes that provide
opportunities for Arlington to continue to add projects for consideration of funding.
Table 4-3 below lists existing and future City projects or programs that assist in the
implementation of the Chinook Plan.
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Table 4-3. Existing and Future City Projects or Programs that Assist in the Implementation
of the Chinook Plan.
' Project Type Project/Program Description Status/Funding
Country Charm City purchased 150 acres of floodplain Purchase
Protection/Acquisition Recreation and farm with assistance from the SRFB to complete, 30-
Conservation Area pay for buffer area (39 acres). year contract
City accepted the dedication of Rasar
Protection/Acquisition Rasar Island Island adjacent to the Country Charm Gift
from Dan Rasar.
City upgraded the sanitary sewer
system to a more modern water Funded through
Water quality Upgrade wastewater reclamation facility with the installation rates and Public
plant of a membrane bioreactor to improve Trust Fund
the condition of effluent being Loan
released.
Construction of a 9-acre naturalized Funded through
Old Town stormwater stormwater wetland that will treat and Ecology grants
Water quality wetland desynchronize 270 acres of Old Town and stormwater
Arlington that was developed prior to fees
stormwater management systems.
There are several wetland restoration Ongoing with
Stormwater projects that are identified in the some complete,
Flood plain/Wetlands Comprehensive Plan Stormwater Comprehensive Plan that and others not
wetland projects were identified in the 1997 Ecology yet funded
characterization.
South Slough has been in a degraded
state since the construction of Highway Public/Private
Floodplain/Wetlands South Slough 530 and Interstate 5. It was historically partnership
a functional side channel/wetland, and being
the desire is to restore a portion of developed
historic function.
The City partners with Sound Salmon
Volunteer plantings in SRFB and
Riparian Arlington urban growth Solutions, Stillaguamish Tribe Arlington
area Banksavers, Snohomish County Big General Fund
Trees project.
Chapter 3 of this document lists goals and objectives that will guide shoreline restoration activity. Goals 5,
6, 7, 8, 9, 11, 12 and 14 all call for specific restoration actions to occur that will address limiting factors
found in the Chinook Plan.
The SWC is also responsible for oversight of the Stillaguamish Capacity Fund used to
support activities that contribute to the implementation of habitat protection and
restoration capital projects consistent with the Chinook Plan. Funds are disseminated
through a criteria-based process to a wide variety of uses which may include
participating members as well as community members at-large.
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4.3 Snohomish County
The City coordinates with Snohomish County on shoreline management through
Washington State Growth Management Act planning and the Stillaguamish Watershed
Council.
Additionally, the City co-manages Twin Rivers Park(which is on the right bank of the
river across from the Historic Shoreline Business District environment designation)with
Snohomish County Parks and Recreation.
The Portage Creek reach has restoration opportunities that would need to be
coordinated with Snohomish County as the the immediate upstream and downstream
reaches are in County jurisdiction.
4.3.1 Stillaguamish River Comprehensive Flood Hazard Management Plan
The Stillaguamish River Comprehensive Flood Hazard Management Plan was
developed by the Snohomish County Surface Water Management Division with input
from the public and an advisory committee comprised of agency staff and public
officials and representatives. The City had a representative on the advisory committee.
The purpose of the plan was to "identify areas that may contribute to increased flood
damages and determine actions that can be taken to reduce those damages while
preserving the positive environmental effects of flooding."
Plan goals include:
1. Save lives and reduce public exposure to risk;
2. Reduce or prevent damage to public and private property;
3. Reduce historic and prevent future adverse natural resource impacts of flood
hazard management;
4. Reduce the costs associate with flood hazard management; and
5. To the maximum extent possible, allow and encourage natural floodplain
processes.
Chapter 7 of the plan includes recommended actions to address hazards and hazard
mitigation opportunities. Table 4-4 below lists recommended actions that involve the
City and may achieve restoration goals (Snohomish County 2003).
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Table 4-4. Recommended Actions in the Snohomish Surface Water Management Flood
Hazard Management Plan that involves the City and may Achieve Restoration
Objectives.
Location Recommended Action (RA) Description Notes
Conduct a Flood Insurance
Basin-wide RA-1 Re-Study for the Stillaguamish
Conduct a Flood Insurance Re-Study River basin and pursue federal
or state cost-sharing.
Develop an education program
that provides homeowners
RA-13 who live above or below
Basin-wide Develop a Landslide Hazard geologically hazardous areas
Homeowner Education Program information on the risks of
landslides and the benefits of
retaining healthy vegetation on
slopes.
Participate in future habitat
RA-16 restoration projects (developed
Basin-wide Participate in Habitat Restoration post-plan adoption) that may
Projects that Provide Cumulative Flood provide the added benefit
Reduction Opportunities cumulative flood reduction
opportunities in the basin.
Conduct a study to determine
the risk of an avulsion through
RA-31 the abandoned channel behind Study
Mainstem Conduct and Avulsion Risk and develop solutions to the Dike Road Dike and berm complete,
Assessment of the Dike Road Dike prevent such an event from implementation
and Berm and Implement Findings. occurring. Include City of incomplete
Arlington to address that
_ portion of the dike they own.
Determine methods to use
RA-33 Portage Creek for flood
Mainstem Investigate Methods for Flood Hazard reduction that support on-
Reduction Benefits as Part of the going efforts to restore the
Restoration Activities in Portage Creek County-owned Wildlife
Reserve.
4.3.2 Critical Areas Monitoring and Adaptive Management Program
The monitoring and adaptive management program was developed to support
implementation of Snohomish County's critical area regulations in order to meet the
requirements of the GMA. The program goal is to determine the effectiveness of the
regulations in conserving the functions and values of the county's critical areas.
The City provides Snohomish County with information relevant to status reports.
Currently the STAG reviews annual assessments of watershed recovery goals from the
Chinook Plan. Elements of this monitoring that may be reflected in the monitoring
within Arlington designated areas include riparain conditions, floodplain armoring and
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Shoreline Restoration Plan
side channel connectivity, LWD, hydrology, water quality, and sediment. The City or
partners in restoration also submit the amount of riparian work that has been completed
so that can be tracked over time.
The most current example of a City project being included in the County status report is
the Graafstra/Country Charm acquistion of 137 acres of floodplain. The area is to be
retained in open space by the changing of proposed zoning from residential to
Public/Semi-Public for habitat and recreational uses.
Other local projects are likely to be included in future versions of the status report. One
project was the installation of two log jams and flood fencing in the Arlington UGA
reach by Snohomish County that occurred in summer of 2011. Another project was the
construction of a stormwater wetland immediately downstream of the Stillaguamish
River—City reach by the City in 2011.
4.4 Snohomish Conservation District
The Snohomish Conservation District(SCD) is a political subdivision of the State of
Washington(authorities, powers, and structure contained in RCW 89.08). The mission
of the SCD is "to work cooperatively with others to promote and encourage
conservation and responsible use of natural resources." The SCD covers most of
Snohomish County and Camano Island, which is part of Island County. The total area
that the SCD covers is 2,112 square miles of mainland and 40 square miles on Camano
Island.
The SCD has no direct jurisdiction and authority over natural resources. Its
responsibility lies primarily in working with owners and users of land and resources.
The SCD,however, does work with administrators of public land on works affecting
land and resources. In such activities, the SCD works with the public and private sectors
on mutual problems and opportunities where respective interests need to be correlated.
The City annexed into the SCD in 2005 so landowners could benefit from SCD services.
The SCD is coordinating with the City's Natural Resources Department and Stormwater
Department in providing assistance to landowners to implement Low Impact
Development (LID) alternatives for reducing stormwater impacts. The two main
features of the program include the installation of rain gardens and rainwater collection
systems. The SCD is able to provide design assistance in partnership with the City.
4.5 Washington State Department of Ecology
The City continues to utilze Ecology staff as a resource for technical support and
regulatory assistance when needed.
The City continues with implementation of the Phase 11 National Pollution Discharge
Elimination System (NPDES) permit. The City participated in the development of the
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October 2011
total maximum daily load (TMDL)which identifies a specific allocation of pollutants
which the City must take actions to stay within.
Ecology has provided excellent grant support over the past several years by providing
funding towards the water reclaimation facility, Old Town stormwater wetland,
wetland restoration, and NPDES implementation.
5 INVOLVEMENT OF OTHER AGENCIES AND
ENTITIES
5.1 Puget Sound Partnership
The Puget Sound Partnership (Partnership) consists of representatives from a variety of
interests from the Puget Sound region including business, agriculture, the shellfish
industry, environmental organizations, local governments, tribal governments, and the
Washington state legislature. Some of the Partnership's key tasks are as follows:
• Develop a set of recommendations for the Governor, the Legislature and
Congress to preserve the health of Puget Sound by 2020 and ensure that marine
and freshwaters support healthy populations of native species as well as water
quality and quantity to support both human needs and ecosystem functions.
• Engage citizens,watershed groups, local governments, tribes, state and federal
agencies,businesses and the environmental community in the development of
recommendations.
• Review current and potential funding sources for protection and restoration of
the ecosystem and, where possible, make recommendations for the priority of
expenditures to achieve the desired 2020 outcomes.
The Partnership, through the Leadership Council, released an Action Agenda in
December 2008. Implementation of this Action Agenda has resulted in state and federal
funding of restoration and protection initiatives and projects. This includes integrating
the work of the Puget Sound Nearshore Restoration Project to increase focus on
completing work necessary to request Puget Sound restoration funds under the Water
Resources Development Act slated for 2012.
On an annual basis,each of the watershed groups representing the fourteen watershed
chapters of the Puget Sound Salmon Recovery Plan, including the Stillaguamish
Watershed Council, develop three-year work program updates to describe the
watershed's accomplishments during the previous year, identify the current status of
recovery actions, and to propose future actions in the next three years necessary to
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Shoreline Restoration Plan
implement the Salmon Recovery Plan. These work programs are intended to provide a
road map for policy and technical decision makers across the Puget Sound region on
priorities for implementing the salmon recovery plan, inform and support funding
requests, and establish a recovery trajectory within each watershed and the region.
Additionally, the Stillaguamish Watershed Council is involved with the Puget Sound
Partnership through the following:
• Monitoring and Adaptive Management Plan
• Whidbey Action Area Local Integration
• Ecosystems Recovery Board
• Puget Sound Salmon Recovery Council
6 STRATEGIES TO ACHIEVE LOCAL
RESTORATION GOALS
This section discusses programmatic measures for the City designed to foster shoreline
restoration and achieve a net improvement in shoreline ecological processes, functions,
and habitats. With projected budget and staff limitations, the City is limited in its
ability to implement restoration projects or programs on its own. However, the City's
SMP represents an important vehicle for facilitating and guiding restoration projects and
programs that can be achieved in partnership with private and/or non-profit entities.
The City can provide direction and leadership to assure that restoration designs meet
the identified goals of the various plans. The discussion of restoration mechanisms and
strategies below highlights programmatic measures that the City may potentially
implement as part of the proposed SMP, as well as parallel activities that would be
managed by other governmental and non-governmental organizations.
6.1 Capital Facilities Program
The City's Natural Resources Deparment could develop shoreline restoration as a new
section of the City's Capital Facilities Program (CFP) to facilitate implementation. The
City could review the various elements of previously adopted plans and determine what
projects have yet to be implemented in shoreline areas and develop a prioritized
schedule. Examples include the riparian plantings projects or log jams to be installed at
Country Charm.
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October 2011
6.2 Development Opportunities
When shoreline development occurs, the City has the ability to look for opportunities to
conduct restoration in addition to minimum mitigation requirements as part of the SMP.
Development may present timing opportunities for restoration that would not otherwise
occur and may not be available in the future. Mitigation may also be allowed through
the use of a fee-in-lieu-of or exchange of land for "banking" opportunities. In certain
cases, on-site mitigation opportunities are limited due to building site constraints,
limited potential ecological gains, or other site-specific factors. In these instances, the
City shoreline administrator could identify an off-site restoration site within the
immediate sub-basin that could be contributed to in lieu of on site mitigation.
The City can also provide coordination of the various non-profit groups or citizen
volunteers that can assist with the installation and monitoring of restoration projects.
The City strongly encourages the participation of the citizens to build a strong sense of
stewardship that comes through their investment of time, money, or materials in to the
project.
6.3 Development Incentives
Through the SMP, the City may provide development incentives for restoration,
including the waiving of some or all of the development application fees, infrastructure
improvement fees, parks mitigation fees, or stormwater fees. This may serve to
encourage developers to try to be more imaginative or innovative in their development
designs to include more access and preservation. Examples of development actions that
could be incentivized include the building of trails, installation of rain gardens or other
LID features above and beyond DOE requirements, shared parking, exceeding
landscape or open space requirements, or other innovative measures that benefit the
environement and the citizenry.
6.4 Tax Relief / Fee System
A tax relief/fee system to directly fund shoreline restoration measures may be
investigated under the SMP. One possibility is to have the City work with the county to
craft a preferential tax incentive through the Public Benefit Rating System administered
by the County under the Open Space Taxation Act (RCW 84.34) to encourage private
landowners to preserve natural shore-zone features for 'open space"tax relief. Ecology
has published a technical guidance document for local governments who wish to use
this tool to improve landowner stewardship of natural resources. More information
about this program can be found at http://www.ecy.wa.gov/biblio/99108.html. The
guidance in this report provides technically based property selection criteria designed to
augment existing open space efforts with protection of key natural resource features that
directly benefit the watershed. Communities can choose to use any portion, or all, of
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Shoreline Restoration Plan
these criteria when tailoring a Public Benefit Rating System to address the specific
watershed issues they are facing.
A second possibility is a Shoreline Restoration Fund. A chief limitation to implementing
restoration is local funding, which is often required as a match for state and federal
grant sources. To foster ecological restoration of the City's shorelines, the City may
establish an account that may serve as a source of local match monies for non-profit
organizations implementing restoration of the City's shorelines. This fund may be
administered by the City shoreline administrator and be supported by a levy on new
shoreline development proportional to the size or cost of the new development project.
Monies drawn from the fund would be used as a local match for restoration grant funds,
such as the SRFB, Aquatic Lands Enhancement Account, or another source.
6.5 Resource Directory
Development of a resource list would be helpful in aiding property owners who want to
be involved in restoration. Examples of grant programs that could be included are:
Landowner Incentive Program: This is a competitive grant process to provide financial
assistance to private individual landowners for the protection, enhancement, or
restoration of habitat to benefit species-at-risk on privately owned lands.
SRFB Grant Programs: SRFB administers two grant programs for protection and/or
restoration of salmon habitat. Eligible applicants can include municipal subdivisions
(cities, towns, and counties, or port, conservation districts, utility, park and recreation,
and school districts), tribal governments, state agencies, nonprofit organizations, and
private landowners.
Recreation and Conservation Office is a Washington State entity that hosts a variety of
grant programs that range from recreation to watershed recovery.
The Tulalip Tribes and the Stillaguamish Tribe of Indians are developing various grant
programs that may support access and trails that would provide social benefits to the
citizens.
6.6 Volunteer Coordination
The City will continue to emphasize and accomplish restoration projects by using
community volunteers and coordinate with organizations such as the Stilly/Snohomish
Fisheries Enhancement Task Force, Evergreen Fly-fishing Club, Stillaguamish Tribe of
Indians, local churches, Kiwanis, Rotary International, the Chamber of Commerce, and
the Arlington School District.
Probably the most important volunteer is the landowner that acts as the steward of the
land following the completion of a project. The City may have to provide ongoing
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October 2011
assistance and resources to landowners that need additional plantings, equipment use,
or other materials to maintain their restoration project.
6.7 Regional Coordination
The City will continue its association and active involvement with the SWC, Puget
Sound Salmon Recovery Council, Partnership, Snohomish County, and fellow
stakeholders in the Whidbey Action Area, The City may also look for other time-
senstitive opportunities for involvement in regional restoration planning and
implementation.
7 PROPOSED IMPLEMENTATION TARGETS AND
MONITORING METHODS
7.1 Project Evaluation
When a restoration project is proposed for implementation by the City, other agency, or
by a private party, the project should be evaluated to ensure that the project's objectives
are consistent with those of this Restoration Plan and, if applicable, that the project
warrants implementation above other candidate projects. It is recognized that, due to
funding sources or other constraints,the range of any individual project may be narrow.
It is also expected that the list of potential projects may change over time, that new
projects will be identified and existing opportunities will become less relevant as
restoration occurs and as other environmental conditions, or our knowledge of them,
change.
When evaluating potential projects,priority should be given to projects most meeting
the following criteria:
• Restoration meets the goals and objectives for shoreline restoration listed in
Chapter 3.
• Restoration or protection of processes is generally of greater importance than
restoration of functions.
• Restoration avoids residual impacts to other functions or processes.
• Addresses a known degraded condition or limiting factor for salmon recovery.
• Conditions that are progressively worsening are of greater priority.
• Restoration addresses multiple functions or processes.
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Shoreline Restoration Plan
• Restoration has a high benefit to cost ratio.
• Restoration has a high probability of success.
• Restoration is feasible, such as being located on and accessed by public property
or private property that is cooperatively available for restoration.
• Restoration project design should consider impacts to adjacent property owners.
• There is public support for the project.
• The project is supported by, and consistent with, other restoration plans.
The City should consider developing a project"scorecard" as a tool to evaluate projects
consistent with these criteria.
7.2 Monitoring and Adaptive Management
In addition to project monitoring required for individual restoration and mitigation
projects, the City should conduct system-wide monitoring of shoreline conditions and
development activity, to the degree practical, recognizing that individual project
monitoring does not provide an assessment of overall shoreline ecological health. The
following three-prong approach is suggested:
1. Track information using the City's geographic information system (GIS) and permit
system (tracking should include high-quality aerial photo documentation for future
analysis) as activities occur (development, conservation, restoration, and mitigation).
Such activities might include:
• New shoreline development
• Shoreline variances (including the nature of the variance)
• Compliance issues
• New impervious surface area
• New and existing Critical Area Protection Easements
• Removal of fill or armoring
• Addition of fill or armoring
• Installation of riparian buffers
• Vegetation retention/loss
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October 2011
• Installation of LWD projects
• Locations where in-lieu-of mitigation program has been utilized (both the
sending and receiving locations of impact)
The City may require project proponents to monitor as part of project mitigation,
which may be incorporated into this process. Regardless, as development and
restoration activities occur in the shoreline area, the City should seek to monitor
shoreline conditions to determine whether both project-specific and overall-SMP
goals are being achieved.
2. Periodically review and provide input to regional ongoing monitoring programs,
such as:
• SWC adaptive management of Chinook Plan
• Ecology monitoring programs
• Puget Sound Partnership monitoring programs
Through this coordination with regional agencies, the City should seek to identify
any major environmental changes that might occur.
3. Re-review status of environmental processes and functions at the time of periodic
SMP updates to, at a minimum, validate the effectiveness of the SMP. Re-review
should consider what restoration activities actually occurred compared to stated
goals, objectives and priorities, and whether restoration projects resulted in a net
improvement of shoreline resources.
Under the SMA, the SMP is required to result in no net loss of shoreline ecological
functions. If this standard is found to not be met at the time of review, Arlington
will be required to take corrective actions. The goal for restoration is to achieve a net
improvement. The cumulative effect of restoration over time between reviews
should be evaluated along with an assessment of impacts of development that is not
fully mitigated to determine effectiveness at achieving a net improvement to
shoreline ecological functions.
Evaluation of shoreline conditions, permit activity, GIS data, and policy and
regulatory effectiveness should occur at varying levels of detail consistent with the
comprehensive plan update cycle. A complete reassessment of conditions, policies
and regulations should be considered every eight years. To conduct a valid
reassessment of the shoreline conditions every eight years, it is necessary to monitor,
record and maintain key environmental metrics to allow a comparison with baseline
conditions. As monitoring occurs, the City should reassess environmental
conditions and restoration objectives. Those ecological processes and functions that
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Shoreline Restoration Plan
are found to be worsening may need to become elevated in priority to prevent loss of
critical resources. Alternatively, successful restoration may reduce the importance of
some restoration objectives in the future.
7.3 Reporting
Chapter 4 describes project opportunities to restore shoreline conditions. The
restoration opportunities included are based upon a detailed inventory and analysis of
shoreline conditions by many sources. Nonetheless, exhaustive scientific information
about shoreline conditions and restoration options is cost prohibitive at this stage.
Additionally, restoration is at times experimental. Monitoring must be an aspect of all
restoration projects. Information from monitoring studies will help demonstrate what
restoration is most successful. Generally, conservation of existing natural areas is the
least likely to result in failure.
This Restoration Plan does not provide a comprehensive scientific index of restoration
opportunities that allows the City to objectively compare opportunities against each
other. If funding was available, restoration opportunities could be ranked by which
opportunities are expected to have the highest rates of success, which address the most
pressing needs, and other factors. Funding could also support a long-term monitoring
program that evaluates restoration over the life of the SMP (as opposed to independent
monitoring for each project). However, the following table (Table 7-1) outlines a
possible schedule and funding sources for implementation of a variety of efforts that
could improve shoreline ecological function, and are described in previous sections of
this report.
Table 7-1. Implementation Schedule and Funding for Restoration Projects, Programs and
Plans.
Restoration Schedule Funding Source or Commitment
Pro'ect/Pro ram
SMP—overall plan 8-year review Arlington General fund and Ecology grant
effectiveness
SWC annual review of Annual Arlington General Fund, County, Tribal and State
adaptive management(AM) funding
SWC five-year review of AM, Arlington General Fund, County, Tribal and State
and recommended actions to 5-year review
meet goals Funding
Stormwater Comprehensive As prioritized
Plan in adopted Stormwater fees, grant funds
_plan
Privately funded projects 1- , 5-, and 10- Private, in-lieu-of, grant funding or volunteer
year review monitoring
Stakeholder partnerships Annual Arlington General fund, stormwater fund or volunteer
monitoring
Tree City report Annual Arlington General fund
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October 2011
City planning staff is encouraged to track all land use and development activity,
including exemptions,within shoreline jurisdiction, and may incorporate actions and
programs of the other departments as well. A report may be assembled through the use
of"Permit Trax" the City permit computer tracking system that provides basic project
information, including location, permit type issued, project description, impacts,
mitigation(if any), and monitoring outcomes as appropriate. Examples of data
categories might include square feet of non-native vegetation removed, square feet of
native vegetation planted or maintained, reductions in chemical usage to maintain turf,
linear feet of eroding stream bank stabilized through plantings, or linear feet of shoreline
armoring removed. The report would also outline implementation of various programs
and restoration actions (by the City or other groups) that relate to watershed health.
The staff report may be assembled to coincide with comprehensive plan updates and
may be used, in light of the goals and objectives of theSMP, to determine whether
implementation of the SMP is meeting the basic goal of no net loss of ecological
functions relative to the baseline condition established in the Shoreline Analysis Report for
the City of Arlington's Shoreline. In the long term, the City should be able to demonstrate
a net improvement in the City's shoreline environment.
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City of Arlington
Shoreline Restoration Plan
8 REFERENCES
City of Arlington. 2005. Comprehensive Plan.
City of Arlington. 2010. Final Comprehensive Stormwater Plan. Prepared by the City of
Arlington with assistance from URS Consultants and Katy Isaksen&Associates.
October.
City of Arlington. 2011. Stormwater Management Program. Version 2011-1.
Snohomish County. 2003. Public Draft Review Stillaguamish River Comprehensive Flood
Hazard Management Plan. Surface Water Management Division. Everett, WA.
Stillaguamish Implementation Review Committee (SIRC). 2005. Stillaguamish Watershed
Chinook Salmon Recovery Plan. Published by Snohomish County Department of Public
Works, Surface Water Management Division, Everett, WA.
Stillaguamish Technical Advisory Group (STAG). 2000. Technical assessment and
recommendations for chinook salmon recovery in the Stillaguamish watershed.
The Watershed Company (TWC). January 2011. Final Shoreline Analysis Report for the City of
Arlington's Shoreline: South Fork and Mainstem Stillaguamish River and Portage Creek.
Prepared for the City of Arlington, Arlington,WA.
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I October 2011
9 LIST OF ACRONYMS AND ABBREVIATIONS
BMP.............................Best management practice
City.............................. City of Arlington
Chinook Plan.............. Stillaguamish Watershed Chinook Salmon Recovery Plan
Country Charm..........Country Charm Recreation and Conservation Area
Ecology........................ Washington State Department of Ecology
ESA.............................. Endangered Species Act
GMA............................Growth Management Act
Guidelines................... Shoreline Master Program Guidelines (WAC 173-26, Part III)
HC................................Highway Commercial (City zoning designation)
LID............................... Low impact development
LWD............................Large woody debris
NPDES ........................National Pollution Discharge Elimination System
OTBD...........................Old Town Business District (City zoning designation)
P/SP..............................Parks/Semi-Public(City zoning designation)
RLMD.......................... Low to Moderate Density Residential (City zoning designation)
RHD.............................High Density Residential (City zoning designation)
RMD............................Moderate Density Residential (City zoning designation)
SCD..............................Snohomish Conservation District
SIRC............................. Stillaguamish Implementation Review Committee
SMA............................. Shoreline Management Act
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City of Arlington
Shoreline Restoration Plan
SMP..............................Shoreline Master Program
SR ............................... Suburban Residential (City zoning designation)
SRFB ............................ Salmon Recovery Funding Board
STAG...........................Stillaguamish Technical Advisory Group
SWC............................. Stillaguamish Watershed Council
TMDL..........................Total maximum daily load
WAC............................Washington Administrative Code
WDFW.........................Washington Department of Fish and Wildlife
WRIA...........................Water Resource Inventory Area
36
APPENDIX D
Jurisdiction Exhibits (Excerpts from the
Shoreline Master Program Handbook)
Optional expanded SMA jurisdiction(to include buffer),
regulated by SN,f only.It Jurisdiction is not expanded
to include buffer,then buffer remains regulated exclusively
by CAO(no dual coverage) Minimum SMPjurisdiction for;
adjacent wetland
• other critical areas—
r '.
r'
r.
r'
r •\
01 I
Existing SMA jurisdiction
rftlfP update does not opt to expand coverage, (100 year floodplain)
en dual SMP/CAO coverage results for both
the critical area and the buffer.
Water
Figure 5-8: Local governments have the option to expand SMA jurisdiction to include lands necessary for buffers
for critical areas,
r
r,
1
•
f
I
•
•
r
Legend:
200 ft.
SMPjurisdiction
1
1
1 Wetland in SMP jurisdiction
1
Wetland not in SMPjurisdiction
1 Water
r
100-yearnoodplain
- —e Hydraulic connection
Figure 5-9: Wetlands in shoreline jurisdiction are either fully
or partially within 200 feet of the OHWM,within the floodplain,
or associated through hydraulic continuity.