A. General Shoreline Modification Provisions.

1. Applicability. Shoreline modifications are generally related to construction of a physical element such as residential development, a dike, bulkhead, dredged basin, pier or fill, but they can include other actions such as clearing, grading, application of chemicals, or vegetation removal. Shoreline modifications usually are undertaken in support of or in preparation for a shoreline use; for example, fill (shoreline modification) required for a ferry terminal (industrial use) or dredging (shoreline modification) to allow for a marina (boating facility use).

The provisions in this section apply to all shoreline modifications within the shoreline jurisdiction. They also apply to projects in which the chief intent is to protect the shoreline of a particular property for which the permit applies such as shoreline stabilization, flood control projects, and flood control programs. Shoreline modification proposals will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts; BIMC 16.12.030, General (island-wide) regulations; and may also be reviewed under BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; BIMC 16.12.030.B.7, Flood Hazard Management; and Chapter 15.18 BIMC, Land Clearing, when applicable. Other portions of this program may also apply.

2. Regulations – Prohibited Uses.

a. Shoreline modifications in or adjacent to wetlands (located in both the upland and the shoreline jurisdiction) and in salmon and trout spawning areas, except for fish or wildlife habitat enhancement.

b. Beach enhancement when it interferes with the normal public use of the navigable waters of the state.

c. Shoreline modification located on feeder bluffs, except when the area is already developed with a primary residential structure, an essential public facility or transportation facility, in which case stabilization may be allowed pursuant to the provisions in subsection B of this section, Shoreline Stabilization.

3. Regulations – General.

a. A pre-application meeting shall be required prior to submitting an application for a replacement, repair or new shoreline modification project.

b. All shoreline modification activities must be necessary to support or protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial damage, except shoreline stabilization may be allowed as a shoreline use provided it can be demonstrated that it is necessary for reconfiguration of the shoreline for mitigation or enhancement purposes.

c. All applicable federal and state permits, including the Army Corps of Engineers, Washington Department of Fish and Wildlife, and Washington Department of Natural Resources, shall be obtained and complied with in the construction and operation of shoreline stabilization and flood protection works.

d. All new development activities, including additions to existing structures, shall be located as allowed in BIMC 16.12.030.B.5, Critical Areas, and located or designed to prevent the need for shoreline stabilization for the life of the development or 100 years, whichever is greater.

e. All new, replacement, and repair modification activities shall be limited to the minimum footprint necessary to protect an allowed primary structure or legally existing shoreline use.

f. All applications for new, replacement and repair modification activities shall examine and implement alternatives as specified in their specific use sections.

g. All applications for new, replacement and repair modification activities shall be designed, located, sized, and constructed to assure no net loss of ecological functions and processes pursuant to BIMC 16.12.030.B.2, Environmental Impacts.

h. Shoreline stabilization shall be designed in a manner that minimizes:

i. Scouring of the beach at the toe of the structure; and

ii. Erosion of the waterward beach; and

iii. Impact to adjacent properties; and

iv. The need for mitigation measures.

i. Upon project completion, all disturbed shoreline areas shall be restored and replanted pursuant to BIMC 16.12.030.B.2.c, Regulations – Revegetation Standards.

j. Publicly financed or subsidized works should provide for long-term multiple use and public pedestrian shoreline access.

B. Shoreline Stabilization.

1. Principles. Shorelines are by nature unstable, although in varying degrees. Erosion and accretion are natural processes that provide ecological functions and thereby contribute to sustaining the ecology of the shoreline. Human use of the shoreline has typically led to hardening of the shoreline for various reasons, including reducing erosion, providing useful space at the shore, or for access to docks and piers. The impacts of hardening on any one property may be minimal, but cumulatively the impact of this type of shoreline modification is significant.

Shoreline hardening typically results in adverse impacts to shoreline ecological functions and habitat degradation, such as:

There are nonstructural and structural methods of shoreline stabilization. Nonstructural methods include building setbacks, relocation of the structure to be protected, groundwater management, and planning and regulatory measures to avoid the need for structural stabilization. Structural stabilization methods can be “hard” or “soft.” Hard structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads, while soft structural measures rely on less rigid materials, such as bioengineering, vegetation or beach enhancement. Generally, the harder the construction measure the greater the impact on shoreline processes, such as sediment transport, geomorphology, and biological functions.

The range of nonstructural and structural measures varying from soft to hard:

Soft:

Hard:

2. Applicability. Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures resulting from natural processes, such as currents, flood tides, wind, or wave action. These actions include structural and nonstructural methods. Nonstructural methods include building setbacks, relocation of the structure to be protected, groundwater management, and planning and regulatory measures to avoid the need for structural stabilization. The provisions of this section apply to the construction, replacement and repair of structures intended to stabilize shorelines for protection of primary structures and primary appurtenances from shoreline erosion caused by wind, waves, and currents. For this section, repair, replacement and new stabilization are defined in BIMC 16.12.080, Definitions. Even when exempt from the shoreline substantial development process, however, these structures must comply with all applicable master program regulations. A statement of exemption, shoreline conditional use, or shoreline substantial development permit must be obtained from the city before commencing construction of any shoreline stabilization. All proposed shoreline stabilization will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts; BIMC 16.12.030, General (island-wide) regulations; and subsection A of this section, General Shoreline Modification Provisions, and may also be reviewed under BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.20.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; and Chapter 15.18 BIMC, Land Clearing, when applicable. Other portions of this program may also apply.

3. Regulations – Prohibited.

a. Gabions, groins, vertical, concave, and flat (hard) faced structures not including near-vertical rock riprap bulkheads in shoreline stabilization construction. Sheet pile style hard stabilization may be allowed for remediation and hybrid shoreline stabilization projects in accordance with subsection B.4 of this section.

b. Revetments for any purpose unless part of a public facilities project.

c. Construction of a bulkhead, revetment, or other structure for the purpose of retaining a landfill or creating dry land; unless it is proposed in conjunction with an approved commercial or industrial water-dependent use or public use.

d. Shoreline stabilization proposed on shores where valuable geohydraulic or biological processes are sensitive to interference or critical to shoreline conservation, such as: feeder bluffs; barrier estuaries, barrier lagoons, wetlands; or accretion shore forms such as sand spits, hooks, bars, or barrier beaches. Except that stabilization proposals to protect a primary single-family residence, primary appurtenance or primary public or transportation facilities may be allowed on feeder bluffs and spits provided provisions of this program are met.

e. The use of hard structural stabilization or the hard portions of hybrid stabilization intended to protect a vacant platted lot or to protect a developed lot where a primary structure or primary appurtenance is not in danger from erosion as demonstrated through a geotechnical report.

f. Stabilization that would cause significant impacts to adjacent or down current properties.

4. Regulations – General.

a. All shoreline stabilization proposals shall meet applicable provisions of subsection A of this section, General Shoreline Modification Provisions, and assurance of no net loss of ecological functions and processes, BIMC 16.12.030.B.2, Environmental Impacts.

b. Soft-treatment stabilization shall be used to the maximum extent feasible.

c. New or replacement shoreline stabilization measures are a conditional use for the following:

i. Proposed shoreline stabilization is adjacent to a feeder bluff.

ii. The nearest adjacent existing shoreline stabilization is greater than 100 feet of the subject property.

iii. Sheet pile style hard stabilization may be used in:

(A) Remediation projects to contain contaminated soils or sediments when demonstrated to the satisfaction of the administrator to be the most appropriate solution; or

(B) Hybrid stabilization when used as a stop-gap measure at or near extreme high water.

5. Regulations – Location and Design of Shoreline Stabilization.

a. Shoreline stabilization shall not be approved in any known or probable midden site without the written permission of the Director of the State Office of Archaeology and Historic Preservation (the State Historic Preservation Officer) (RCW 27.53.060 or its successor).

b. On all shorelines, hard structural stabilization or hard portions of hybrid stabilization shall be located landward of the OHWM. Other structural stabilization shall be located landward of protective berms (artificial or natural), and generally parallel to the natural shoreline except as allowed below:

i. On high bluffs where no other shoreline stabilization structures are adjoining, hard structural stabilization or hard portions of hybrid stabilization shall be as close to the OHWM as feasible to accommodate the design of the shoreline stabilization. However, a revetment footing may extend waterward only the minimum extent necessary to dissipate wave energy.

ii. Shoreline stabilization shall connect flush with existing stabilization on adjoining properties, except when the action will create dry land, in which case the location requirements of the above shall apply.

iii. Soft-treatment stabilization may be permitted waterward of the OHWM if the stabilization measures provide restoration of shoreline ecological functions and processes.

c. Hard structural stabilization, including hard portions of hybrid stabilization, shall be limited to the areas of the site where the stabilization is demonstrated to be necessary, according to this subsection B, Shoreline Stabilization.

i. When allowed on feeder bluffs, hard structural stabilization, including hard portions of hybrid stabilization, shall be located landward of the OHWM.

ii. Hard structural stabilization, including hard portions of hybrid stabilization located in a shoreline area that does not include a feeder bluff, shall be constructed landward of the ordinary high water mark and shall follow the natural contours of the shoreline; unless it is demonstrated to the satisfaction of the administrator to be infeasible to locate the entire hard structural stabilization landward.

d. Replacement stabilization structures may be constructed in the same location if placement landward of the OWHM is infeasible as demonstrated to the satisfaction of the administrator.

e. Shoreline stabilization shall be designed to allow the passage of surface or groundwater without causing ponding or saturation of retained soil materials and meet the following design criteria:

i. The size and quantity of the material shall be limited to only that necessary to withstand the estimated energy intensity of the hydraulic system;

ii. Filter cloth or adequate smaller filter rock shall be used to aid drainage and help prevent settling; and

iii. Provide adequate toe protection to ensure future mitigation or hard structural stabilization measures are not required.

f. Revetments shall be sited and designed consistent with appropriate engineering principles. Professional, geologic, site studies or design shall be required.

g. When a hard structure is required at a public access site, provision for safe access to the water shall be incorporated into the design for stabilization.

h. Stairs or other permitted upland structures may attach to existing hard structural stabilization, but shall not extend waterward, unless it is demonstrated to the satisfaction of the administrator to be infeasible to locate the entire stairway landward.

i. Overwater structures may attach to existing hard structural stabilization.

j. Hard shoreline stabilization construction shall utilize stable, non-erosion-prone, homogeneous materials such as concrete, wood, rock riprap, or other suitable materials which will accomplish the stabilization needs with the maximum preservation of natural shoreline characteristics. See BIMC 16.12.030.B.6, Water Quality and Stormwater Management, for additional provisions related to material.

6. Regulations – Location Specific for Replacement of Hard Structural Stabilization. Replacement of hard structural stabilization shall not encroach waterward of the OHWM or waterward of the existing shoreline stabilization measure unless the primary structure requiring protection was constructed prior to January 1, 1992, and there are overriding safety or environmental concerns if the stabilization measure is moved landward of the OHWM. In such cases, the replacement structure shall be constructed to abut the existing shoreline stabilization structure. All other replacement structures shall be located landward of the existing shoreline stabilization structure.

7. Regulations – Repair of Existing Shoreline Stabilization.

a. The administrator shall allow repair or maintenance of soft-treatment stabilization.

b. Repair of existing structural stabilization shall be allowed as follows:

i. Existing shoreline stabilization which no longer adequately serves its intended purpose shall be considered a replacement.

ii. Damaged structural stabilization may be repaired up to 50 percent of the linear length within a five-year period. Repair area that exceeds 50 percent shall be considered a replacement. Stabilization repair applications shall consider cumulative approvals of each successive application within a five-year period.

iii. Stabilization repairs may require mitigation pursuant to BIMC 16.12.030.B.2, Environmental Impacts.

8. Regulations – New or Replacement Shoreline Stabilization.

a. When evaluating the need for new, expanded or replacement stabilization measures, the applicant shall provide an analysis from a qualified professional that examines and implements preferred alternatives in the following sequence:

i. No action (allow the shoreline to retreat without intervention).

ii. Nonstructural measures such as vegetation enhancement or addressing upland drainage concerns.

iii. Increase building setbacks and/or relocate structures to a feasible location and/or elevate the structures.

iv. Implement flexible/natural materials and methods, beach nourishment, protective berms, bioengineered stabilization or other soft-treatment measures.

v. Hybrid structure.

vi. Exclusively hard stabilization materials.

b. An analysis for these alternatives shall be submitted with each replacement or new stabilization application.

c. Point Monroe District properties shall also meet provisions in subsection B.11 of this section, Specific Regulations for Point Monroe District.

9. Specific Regulations – Replacement of Existing Structural Stabilization.

a. Replacement of existing structural stabilization is allowed to protect public transportation infrastructure, essential public facilities, and primary structures when all the following apply:

i. The replacement is located landward of the OHWM, unless demonstrated to the satisfaction of the administrator to be infeasible, then it may be located in the same location, except as provided in subsection B.6 of this section; and

ii. The danger of loss or substantial damage from shoreline erosion is caused by tidal action, current, and waves rather than landslides, sloughing or other forms of shoreline erosion unrelated to water action at the toe of the slope and such has been identified through a geotechnical report except as provided in subsection B.9.a.iii of this section; and

iii. A geotechnical report demonstrates a need to protect the primary structure and primary appurtenance from danger of loss or substantial damage within five years due to shoreline erosion (subsection B.9.a.ii of this section) in the absence of hard structural stabilization; except the following is not required to identify danger of loss or substantial damage through a geotechnical report:

(A) An existing primary single-family residence located within 10 feet or less from the OHWM; or

(B) An existing primary single-family residence located within 10 feet or less from the top of a high bluff (greater than 15 feet); or

(C) An existing primary single-family residence located within the Point Monroe District may use the Spit Science Summary – Point Monroe, Herrera Environmental, 2012, to substitute for a site-specific geotechnical report; and

iv. The replacement structure is designed, located, sized and constructed to assure no net loss of ecological functions and processes; and

v. Hard structural shoreline stabilization, including hard partitions of hybrid stabilization, is limited to the zone of impact for protecting a primary structure and its primary appurtenances. See BIMC 16.12.080 for “zone of impact” definition.

b. When a geotechnical report confirms a need to prevent potential loss of or damage to a primary structure, but the need is not as immediate as five years, the report may be used to justify more immediate authorization to protect against erosion using soft-treatment stabilization or hybrid structural measures.

10. Specific Regulations – New Shoreline Stabilization.

a. The city may approve new or enlarged structural stabilization measures to protect non-water-dependent public transportation infrastructure, essential public facilities, and primary structures when all the following apply:

i. The danger of loss or substantial damage from shoreline erosion is caused by tidal action, current, and waves rather than landslides, sloughing or other forms of shoreline erosion unrelated to water action at the toe of the slope and such has been identified through a geotechnical report except as provided in subsection B.10.a.ii of this section;

ii. A geotechnical report demonstrates there is significant possibility that the primary structure or primary appurtenance structures will be damaged within three years as a result of shoreline erosion (subsection B.10.a.i of this section) in the absence of hard structural stabilization measures; except the following is not required to identify danger of loss or substantial damage through a geotechnical report:

(A) An existing primary single-family residential structure located within 10 feet or less from the OHWM; or

(B) An existing primary single-family residential structure located within 10 feet or less from the top of a high bluff (greater than 15 feet);

iii. The new or expanded structure is designed, located, sized and constructed to assure no net loss of ecological functions and/or processes; and

iv. Hard structural shoreline stabilization, including hard portions of hybrid stabilization, is limited to the zone of impact for protecting a primary structure and/or its primary appurtenances.

b. Where a geotechnical report confirms a need to prevent potential loss of or damage to a residential primary structure, but the need is not as immediate as three years, the report may be used to justify more immediate authorization to protect against erosion using soft-treatment structural measures.

11. Specific Regulations for the Point Monroe District.

a. New foundations and redevelopment of existing foundations that impede the natural over-wash process with the Federal Emergency Management Administration (FEMA) flood zone are considered flood protection works and shall meet provisions in BIMC 16.12.040.I, Residential Development.

b. New hard shoreline stabilization measures are prohibited in Areas I, II, and IV of the Point Monroe District, as depicted in the Point Monroe District Map in Figure 16.12.050-1.

c. A conditional use permit shall be required for hybrid structural stabilization within Area III of the Point Monroe District, as depicted in the Point Monroe District Map, 16.12.050-1.

Figure 16.12.050-1

12. Regulations – Subdivisions. Land subdivision shall be designed to assure future development will not require shoreline stabilization for the next 100 years from date of building permit approval as demonstrated by a geotechnical report.

13. Submittal Requirements for Shoreline Stabilization Project Applications.

a. In addition to the general submittal requirements for all applications specified in BIMC 2.16.020.J, the following shall be submitted to the city. Applications for repair of existing stabilization will be required to submit only the first six items. The administrator may waive some or all of the following based on specific project requirements:

i. Purpose of the project including a calculation that demonstrates the amount proposed to be repaired and past amounts repaired and a summary of replacement and/or repair materials proposed; and

ii. Plan and cross section views of the existing and proposed shoreline configuration, showing accurate existing and proposed topography and the OHWM, including an indication of the amount of area proposed to be repaired; and

iii. Documentation of preconstruction shoreline characteristics; and

iv. Description of physical, geological and/or soil characteristics of the site including existing and proposed slope profiles; and

v. A description of any waste and debris disposal sites for materials generated during construction; and

vi. For repair of shoreline stabilization, the design recommendations for minimizing impacts and ensuring the new construction, replaced or repaired stabilization measure is designed, located, sized and constructed to assure no net loss of ecological functions and processes; and

vii. Examination and implementation of alternatives in the order of preference as described in subsection B.8 of this section, Regulations – New or Replacement Shoreline Stabilization, including a description of cost, mitigation cost, maintenance needs and success in protecting the primary structure; and

viii. Existing shoreline stabilization within the reach of the proposed project; and

ix. Any outreach efforts to coordinate with property owners within the shoreline reach to address an ecosystem-wide restoration plan; and

x. A description of any waste and debris disposal sites for materials generated during construction; and

xi. A discussion of the cause of shoreline erosion including assessment of ecosystem-wide processes occurring both waterward and landward of the OHWM and an analysis of on-site and/or adjacent upland drainage; and

xii. Impact analysis and mitigation report as specified by BIMC 16.12.030.B.2, Environmental Impacts; and

xiii. Geotechnical report including the estimated rate of erosion and imminent danger within the time threshold as provided in this subsection B and the following:

(A) Proof of a geotechnical design of the structural stabilization; and

(B) Washington State licensed civil engineer with a specialty in coastal engineering or a qualified Washington State licensed geologist with a specialty in coastal geology and a qualified marine habitat biologist shall evaluate the cumulative effects of stabilization methods within a drift cell; and

(C) Maintenance, monitoring and planting plan as required by BIMC 16.12.030.B.2, Environmental Impacts.

C. Overwater Structures.

1. Applicability. Uses which may employ a pier or dock are subject to the provisions herein as well as to the provisions contained in BIMC 16.12.040, Specific shoreline use and development regulations. Single-use, community, or joint-use docks which provide moorage for six or more vessels also must comply with the provisions of BIMC 16.12.040.C, Boating Facilities.

Pursuant to RCW 90.58.030(3)(e)(vii) or its successor and WAC 173-27-040(2)(h) or its successor, certain activities are exempt from obtaining a shoreline substantial development permit (SSDP). For the benefit of the lot owner, surrounding properties, and water body users, the city will review all proposals for piers and docks to determine whether:

a. The proposal is or is not exempt from the requirements for a shoreline permit;

b. The proposal is suitably located and designed and that all potential impacts have been recognized and mitigated; and

c. The proposal is consistent with the intent, policies, and regulations of the Act (RCW 90.58.140(1) or its successor) and this program.

Activities that are exempt from a shoreline substantial development permit must still meet the provisions of the master program. A pier, dock or float associated with a single-family residence is considered a water-dependent use; provided, that it is designed and intended as a facility to tie up watercraft. Overwater structure activities will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts, and BIMC 16.12.030, General (island-wide) regulations; BIMC 16.12.030.B.1, Shorelines of Statewide Significance; and may also be reviewed under BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management. Other portions of this program may also apply.

2. Regulations – Prohibited.

a. Overwater structures in the priority aquatic designations and adjacent to the natural designation except:

i. New individual, community or joint-use residential docks or piers are permitted in the priority aquatic B designation, only in areas where salt marsh vegetation, such as pickleweed (Salicornia sp.), does not exist.

ii. Two mooring buoys per parcel are allowed for public access when upland property is owned by a public entity.

b. Overwater structures at locations where critical physical limitations exist, such as shallow sloping tidelands with gradients of three percent or less; or areas mapped for high levels of accretion; or geological hazardous areas located outside of harbors and/or feeder bluffs, except when specifically allowed in BIMC 16.12.030.C.4, Public Access – Visual and Physical, or BIMC 16.12.040.C, Boating Facilities.

c. Development of new docks and piers within all shoreline designations within Blakely Harbor between Restoration Point and the most eastern point along the north shore of Blakely Harbor (sometimes referred to as “Pigott Point” or “Jasmine Point”), except as provided in this section.

d. New docks and piers within Murden Cove as shown on the shoreline designation map.

e. New boat houses and/or new covered moorage on either existing or new piers or docks.

f. Hydraulic water jets cannot be used to remove piling.

g. Use of arsenate compounds or creosote-treated members.

h. Overwater field applications of paint, preservative treatment, or other chemical compounds, except in accordance with best management practices set forth in BIMC 16.12.040.C, Boating Facilities, or when allowed by a current national pollution discharge elimination system (NPDES) permit from the Department of Ecology.

i. Bulk storage for gasoline, oil and other petroleum products for any use or purpose on piers and docks. “Bulk storage” means nonportable storage in fixed tanks.

3. Regulations – General.

a. Except for the provisions contained in this chapter, new piers and docks shall be a permitted use in the urban, shoreline residential, and aquatic designations, and shall be a conditional use in the shoreline residential conservancy and island conservancy designations.

b. Mooring buoys are a preferred use, over docks, where feasible.

c. Piers and docks shall be located and designed to minimize interference with the use of navigable waters and may be limited in length or prohibited, where necessary, to protect navigation, public use, or habitat values including critical saltwater habitat.

d. If a bulkhead-like base is proposed for a fixed pier or dock the base shall be built landward of the ordinary high water mark or protective berm and is considered shoreline stabilization and must meet provisions of subsection B of this section, Shoreline Stabilization.

e. Structures on piers and docks shall be strictly limited in size to avoid impacting shoreline views.

f. Piers and docks shall require a building permit and shall meet standards set by the building official, except public ferry terminals as part of the state highway system.

g. Lighting shall:

i. Satisfy the provisions of BIMC 18.15.040;

ii. Be the minimum necessary, or as required by the Coast Guard, to locate the dock at night; and

iii. Should minimize glare.

h. Mitigation requirements of BIMC 16.12.030.B.2, Environmental Impacts, may be met through mitigation standards for the United States Army Corps of Engineers (USACE) permit process.

i. New docks and piers shall be allowed only for water-dependent uses or public access. As used here, a dock associated with a single-family residence is a water-dependent use and may be permitted; provided, that it is designed and intended as a facility for access to watercraft and otherwise complies with the provisions of the Act and this program.

j. Piers and dock construction shall adhere to fish window provisions found in Chapter 220-110 WAC by the Washington Department of Fish and Wildlife.

4. Regulations – Location, Design and Construction Standards – Pier, Dock, Float.

a. A single-use dock consists of pier, ramp, float, and one boat lift. An additional boat lift may be added per dwelling unit for joint-use docks.

b. When plastics or other nonbiodegradable materials are used in float, pier, or dock construction, precautions shall be taken to ensure their containment.

c. Overhead wiring or plumbing is not permitted on overwater structures.

5. Regulations – Specific.

a. Piling Regulations.

i. Principle: Piles are physical barriers to fish migration and have the potential to leach contaminants into aquatic and nearshore environments. Piling installed close together can cause floating debris to accumulate, which can lead to increased shading and predator protection. The fewest number of pilings necessary should be installed and spacing between piling should be maximized. Projects must be designed to minimize abrasion between the pier, ramp and float caused by tidal fluctuations because this can result in the deposition of contaminants into the water and over time will cause a loss of structural integrity requiring additional maintenance by the applicant.

(A) Replacement or new piling shall be steel, concrete, plastic or untreated or approved treated wood, if approved by USACE. Any piling subject to abrasion (and subsequent deposition of material into the water) must incorporate design features to minimize contact between all of the different components of overwater structures during all tidal elevations.

(B) New piling associated with a new pier, except large water-dependent ferry terminals, must be spaced at least 20 feet apart (lengthwise along the structure) unless the length of structure itself is less than 20 feet. If the structure itself is less than 20 feet in length, piling can only be placed at the ends of the structure. Piles in forage fish spawning areas need to be spaced at least 40 feet apart.

(C) If the project includes the replacement of existing piling, they should be either partially cut with a new piling secured directly on top, fully extracted, or cut two feet below the mudline. If treated piling are fully extracted or cut, the holes or piles must be capped with clean, appropriate material.

(D) A maximum of two moorage pilings may be installed to accommodate the moorage of boats exceeding the length of the floats.

(E) Piles, floats, or other components in direct contact with water shall not be treated or coated with biocides such as paint or pentachlorophenol. In saltwater areas characterized by shellfish populations or in shallow embayments with poor flushing characteristics, untreated wood, used pilings, precast concrete, or other nontoxic alternatives shall be used. In all cases where toxic-treated products are allowed, products, methods of treatment, and installations shall be limited to those that are demonstrated as likely to result in the least possible damage to the environment based on current information.

(F) Piling employed in piers or any other structure shall have a minimum vertical clearance of 18 inches above extreme high water.

b. Pier Regulations.

i. Principle: In the Puget Sound, the intertidal and subtidal substrate supports a complex web of plant and animal species. Juvenile salmon, called “salmonids,” young and adult bull trout, and juvenile rockfish use nearshore marine areas for feeding, rearing, and as migratory corridors. Their predators are generally located in deeper waters that young fish tend to avoid. As they mature they become less dependent on shallow areas and begin preying on forage fish, many of which spawn on the intertidal substrate around eelgrass, kelp beds and macroalgae. Piers create shadows that can impact the viability of marine vegetation that require sunlight to grow. This subsequently adversely impacts the habitat of fish that so many other species (including human beings) rely upon. In addition, large shaded areas provide cover for predators, so for these reasons the amount of shade created by piers must be minimized.

(A) The width of the modified portion of a pier or proposed new pier must not exceed four feet for single use or six feet for joint use. Pier width for marinas or public use docks may exceed these restrictions if they provide mitigation, which may include artificial lighting under the pier during daytime hours.

(B) Functional grating resulting in a total open area of a minimum of 30 percent must be installed on all new or replacement piers that are four to six feet wide. For example, this can be achieved by installing grating with 60 percent open area on at least 50 percent of the pier or by grating a larger percentage of the pier with grating with openings of less than 60 percent. Site conditions may require pier to be 100 percent or fully grated.

(C) For all sections of the pier that span upper intertidal areas with obligate vegetation, that pier section shall be fully grated with grating having 60 percent open area.

c. Float Regulations.

i. Principle: Sharp shadows cast by floats and float tubs have been shown to discourage salmonids and other young fish from passing underneath, forcing them into deeper water where their chance of being preyed upon is increased and water temperature and conditions are different. In the case of rockfish, they give birth to live larval young that spend several months being passively dispersed by tidal fluctuations; as they mature they move out to deeper water but initially are at a high risk of predation. Manmade shade creates artificial pockets of opportunity for the predators of young fish and unlike the shade from overhanging vegetation the negative impacts outweigh the benefits. Finally, to prevent damage to the substrate, benthic invertebrate communities and vegetation, floats should not rest on substrate low tide and should be fully encased to prevent the deterioration and dispersion of flotation materials.

(A) For a single-use structure, the float width must not exceed eight feet and the float length must not exceed 30 feet. Functional grating must be installed on at least 50 percent of the surface area of the float.

(B) For a joint-use structure, the float width must not exceed eight feet and the float length must not exceed 60 feet. Functional grating must be installed on at least 50 percent of the surface area of the float.

(C) To the maximum extent practicable, floats must be installed with the length in the north-south direction.

(D) If the float is removed seasonally, the applicant needs to indicate this in their application along with the proposed storage location. Floats should be stored above mean high/high water/ordinary high water line at a city approved location. City authorization may be required if the float will be stored within city jurisdiction (even within a marina).

(E) Flotation for the float shall be fully enclosed and contained in a shell (e.g., polystyrene tubs not shrink wrapped or sprayed coatings) that prevents breakup or loss of the flotation material into the water and is not readily subject to damage by ultraviolet radiation and/or abrasion caused by rubbing against piling and/or waterborne debris.

(F) Flotation components shall be installed under the solid portions of the float, not under the grating.

(G) If the float is positioned perpendicular to the ramp, a small float may be installed to accommodate the movement of the ramp due to tidal fluctuations. The dimensions of the small float cannot exceed six feet in width and 10 feet in length.

d. Float Stop Regulations.

i. Principle: Floats need to be above the substrate; the preferred and least impacting option is to suspend the float above the substrate by installing float stops on pilings designed to anchor floats, installing a few stub pilings, or in certain situations it could be appropriate to install float feet. In all cases, the stops must be able to fully support the entire float during all tidal elevations.

(A) Floats need to be suspended a minimum of one foot above the tidal substrate at all tide levels.

(B) To suspend the float above the substrate, the preferred and least impacting option is to suspend the float above the substrate by installing float stops (stoppers) on piling anchoring new floats. The stops must be able to fully support the entire float during all tidal elevations.

(C) If float stops attached to pilings are not feasible, then up to four 10-inch-diameter stub pilings can be installed instead, except an additional two may be installed for joint-use floats.

(D) Float feet attached to the float may be considered an option only under these circumstances:

(1) In coarse substrate, D252 of 25 mm or larger for a grain size sample taken from the upper one foot of substrate;

(2) For elevations of minus three MHHW and lower at D25 of four mm or larger for a grain size sample taken from the upper one foot of the substrate (intent is to exclude muck);

(3) For repair or replacement of existing float feet if the following two conditions are met: (a) substrate looks like it contains mostly gravel (no analysis needed, picture sufficient), and if (b) proposed replacement or repair includes other improvements of the environmental baseline like the removal of creosote-treated piling and increased amounts of grating.

(E) Floats can be held in place with lines anchored with a helical screw or “duckbill” anchor, piling with stoppers and/or float support/stub pilings.

(1) For a single-use float, a maximum of four pilings (not including stub piling), helical screws, or “duckbill” anchors can be installed to hold the float in place.

(2) For a joint-use float, a maximum of eight pilings, helical screws or “duckbill” anchors can be installed to hold the float in place.

(3) If anchors and anchor lines need to be utilized, the anchor lines shall not rest on the substrate at any time.

(4) In rocky substrates where a helical screw or “duckbill” anchor cannot be used, if the applicant submits a rationale why these types of anchors cannot be used and the administrator concurs with this rationale, an approved anchor of another type (i.e., concrete block) may be permitted.

e. Regulations – Residential Community and Joint-Use Piers and Docks.

i. Any hotel, motel, and/or multifamily residential development proposing to provide moorage facilities shall be required to construct a single, joint-use moorage facility. The administrator may authorize more than one joint-use moorage facility if a single facility would be inappropriate or undesirable, given the specific conditions of the site. Facilities for moorage of six or more vessels are considered a marina and must meet regulations in BIMC 16.12.040.C, Boating Facilities.

ii. Proposals for community or joint-use piers and docks shall demonstrate, by proof of recording of a covenant binding current and future parties, that adequate maintenance of the structure and the associated upland area will be provided by identified responsible parties. The proposed covenant shall be filed as part of the permit application and recorded after final approval. An access easement to joint-use docks shall be granted for all lots or dwelling units.

iii. In Blakely Harbor:

(A) A total of two community docks shall be a conditional use within the upland and aquatic designations with no more than one along each the north and south shores, respectively; provided, that all residents along each shore shall have a nonextinguishable option to access the community dock located along their respective shore;

(B) One daytime use public dock and/or pier for the mooring of dinghies and loading or unloading of vessels shall be a conditional use within the upland and aquatic designations; and

(C) Such community and public docks shall comply with this master program and other applicable laws; shall be the minimum size necessary; and shall be sited and designed to mitigate adverse impacts to navigation, views, scenic character, and natural resources as much as possible. Such community and public docks shall also be reasonably passable to swimmers, beach walkers, and human-powered water craft.

f. Regulations – Commercial/Industrial Facilities Piers and Docks. These standards apply to piers and docks intended for any commercial or industrial use other than commercial moorage of boats in marinas. (See also BIMC 16.12.040.C, Boating Facilities; BIMC 16.12.040.D, Commercial Development; and BIMC 16.12.040.F, Industrial Development.)

i. Substantial development permits for docks or piers serving single commercial or industrial enterprises shall not be granted until the access needs of adjacent commercial and/or industrial enterprises have been determined.

ii. Commercial or industrial piers or docks shall not extend offshore farther than the most shoreward of the following:

(A) The average length of the piers on the two adjoining properties;

(B) In Eagle Harbor, the construction limit line;

(C) Elsewhere, the distance necessary to obtain a depth of four feet of water as measured at extreme low tide at the landward limit of the moorage slip; or

(D) The line of navigation; and

(E) In no case shall piers and their associated ramps and floats extend greater than 15 percent of the perpendicular shore-to-shore distance across a water body, except where a navigational study has been submitted for city review and approval.

iii. Facilities and procedures for receiving, storing, dispensing, and disposing of oil and other toxic products shall be designed to ensure that such oil and other toxic products are not introduced into the water body.

iv. Spill clean-up facilities shall be available for prompt response and application at all piers and docks involved in oil and hazardous products transfer.

g. Regulations – Residential (Joint, Community and Individual) Piers and Docks.

i. New subdivisions and short subdivisions with shoreline frontage shall be required to provide community docks rather than individual, private docks.

ii. Size.

(A) Maximum width of a pier or dock shall be the minimum necessary to accomplish moorage for the intended boating use (see subsection C.5.b of this section, Pier Regulations, for additional restrictions); and

(B) The length shall not extend beyond the average length of adjacent docks, within 500 feet of the proposed location or the distance necessary to obtain a depth of nine feet of water as measured at mean lower-low water (MLLW) at the landward limit of the moorage slip, whichever is closer to shore. A dock shall not extend beyond the adjoining property dock or the line of navigation and in no case shall piers and their associated ramps and floats extend greater than 15 percent of the perpendicular shore-to-shore distance across a water body, except where a navigational study has been submitted for city review and approval; and

(C) In Eagle Harbor, a pier or dock shall not extend beyond the construction limit line (Figure 16.12.050-2); and

(D) A pier or dock shall not extend beyond the harbor structure limit line shown in Figure 16.12.050-3.

iii. Side-Yard Setbacks. Docks, piers and floats shall be set back a minimum of 10 feet from side property lines, except that community piers, docks, and floats may be located adjacent to or upon a side property line when mutually agreed to by covenant with the owners of the adjacent property. A copy of the covenant must be recorded with the county auditor and filed with the application of the permit.

iv. Community docks and piers shall include no more than one moorage space per dwelling unit or lot.

h. Regulations – General Mooring Buoys and Recreational Floats.

i. Mooring buoys and recreational swim float use shall be permitted in the aquatic environment offshore from island conservancy, shoreline residential, shoreline residential conservancy, and urban designations.

ii. Mooring buoys for commercial use shall be permitted only as conditional uses offshore from the urban designation. Mooring buoys for public open water moorage and anchorage areas shall be permitted in the aquatic designation offshore of all upland designations.

iii. No more than one structure may be installed for each ownership. However, properties that contain at least 200 linear feet as measured along the shoreline may be permitted more installations on a case-by-case basis as determined by the city and the State Department of Natural Resources (WAC 332-30-148(3) or its successor). Properties where the waterfront lot is owned in community may be permitted additional mooring buoys with the total not more than one per 100 linear feet of shoreline ownership.

iv. Mooring buoys for commercial vessels adjacent to commercial or industrial zones are a shoreline conditional use. One buoy is allowed per ownership.

v. A contractor doing waterfront work involving floating equipment may have one temporary mooring buoy provided it is the responsibility of the contractor to ensure that all necessary permits are obtained from all agencies with jurisdiction.

i. Regulations – Location, Design and Construction Standards – Mooring Buoys and Recreational Floats.

i. In order to protect shellfish beds, new mooring buoys shall not be permitted where density will exceed one buoy per 100 linear feet.

ii. Buoys shall not interfere with navigation, shall be visible in daylight 100 yards away, and shall have reflectors for night visibility.

iii. If a buoy is located offshore of the extreme low tide line, the owner shall obtain a lease for the bed of navigable waters from the Department of Natural Resources (RCW 79.105.430 or its successor).

iv. Buoys shall lie between the waterfront property side lot lines extended beyond the shoreline, except those on state waters. Buoys shall not swing across the extended side lot lines. Where the configuration of the waterfront lot precludes these requirements, authorization from the affected adjacent waterfront property owners must be obtained. This provision shall not apply to buoys for public open water moorage and anchorage areas.

v. Mooring buoys shall be installed at least 60 feet from other permitted piers, docks, or floats.

vi. Buoys shall be located:

(A) At a minimum depth of nine feet MLLW with a standard single mid-line float; the minimum depth may be reduced with an alternate system approved by the administrator;

(B) Landward of the construction limit line in Eagle Harbor (Figure 16.12.050-2);

(C) Landward of the harbor structure limit line shown in Figure 16.12.050-3;

(D) Elsewhere not more than 200 feet beyond extreme low tide, the -18 feet MLLW depth contour, or the line of navigation, whichever is appropriate. The placement of rafts and buoys beyond the -18 feet MLLW contour or 200 feet will be evaluated on a case-by-case basis (WAC 332-30-148(2) or its successor); and

(E) Buoys for public open water moorage and anchorage areas shall be allowed waterward of the construction limit line in Eagle Harbor.

vii. Recreational floats shall be located as close to shore as possible and no farther waterward than the following limits:

(A) In Eagle Harbor, the construction limit line; or

(B) Elsewhere, the distance necessary to obtain a depth of four feet of water as measured at extreme low tide at the landward end of the float, or the line of navigation, whichever is closer to shore.

viii. Recreational floats must be built so that the deck surface is one foot above the water’s surface and shall have reflectors for night visibility.

ix. Recreational floats shall not exceed eight feet by eight feet.

x. All recreational floats shall include stops, or devices or systems approved by the administrator, which serve to keep the floats off the bottom of tidelands at low tide. See subsection C.5.d of this section, Float Stop Regulations.

Figure 16.12.050-2

Figure 16.12.050-3

D. Dredging and Dredge Material Disposal.

1. Applicability. Dredging is the removal of material from the bottom of a water body. The purposes of dredging might include: deepening a navigational channel, berth, or basin; streambed maintenance; use of dredged material for fill or habitat enhancement (effective reuse); and removal of contaminated sediments. Dredged material disposal on land is also subject to the fill policies and regulations of this program. Pursuant to WAC 173-27-040 or its successor, certain activities, such as those associated with normal maintenance and repair, are exempt from the requirements for a SSDP, but may still require a letter of exemption, shoreline conditional use permit or variance.

All actions are required to comply with the Shoreline Management Act and all provisions of the master program. Department of Ecology and U.S. Army Corps of Engineers notifications of dredging proposals will be reviewed by the city to determine whether the activity is exempt from the requirements for a substantial development permit and to ensure compliance with regulations of the Act and the master program.

Dredging activities will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts, and may also be reviewed under BIMC 16.12.030, General (island-wide) regulations; BIMC 16.12.030.B.3, Vegetation Management; BIMC 16.12.030.B.4, Land Modification; BIMC 16.12.030.B.5, Critical Areas; BIMC 16.12.030.B.6, Water Quality and Stormwater Management; and subsection E of this section, Fill. Other portions of this program may also apply.

2. Regulations – Prohibited.

a. New dredging activity is prohibited in the following:

i. In environmentally sensitive habitats (e.g., stream mouth estuaries, wetlands) except by shoreline conditional use permit.

ii. Along net-positive drift cells and/or where geohydraulic processes are active and accretion shoreforms would be damaged, altered, or irretrievably lost.

iii. In shoreline areas with bottom materials that are prone to significant sloughing and refilling due to currents or tidal activity, thus resulting in the need for continual maintenance dredging.

iv. In habitats identified as critical to the life cycle of officially designated or protected fish, shellfish, or wildlife.

v. In areas where concentrations of environmental pollutants or toxic chemicals are present in the bottom of sediments and would be released in dredging operations, except as part of a permitted environmental enhancement or remediation program.

vi. For the primary purpose of obtaining material for landfill, upland construction, or beach nourishment is prohibited.

vii. On or in archaeological sites.

b. Dredging shall be prohibited in the priority aquatic Category A designation.

3. Regulations – General.

a. Dredging is a conditional use in the aquatic designation if permitted in the upland designation and shall be for the restoration, enhancement, or maintenance of natural resources and navigational channels or for publicly owned ferry terminals. Dredging shall be permitted as a conditional use in the priority aquatic Category B designation as part of an approved restoration proposal.

b. Proposals for dredging and dredge spoil disposal, when permitted, shall:

i. Be kept to the minimum necessary to accommodate the proposed use;

ii. Comply with applicable federal, state, and other local regulations;

iii. Employ appropriate measures to protect public safety and prevent adverse impacts on other approved shoreline uses;

iv. Take appropriate measures to ensure the activity will not interfere with fishing or shellfish harvesting;

v. Employ appropriate best management practices to protect marine, estuarine, freshwater and terrestrial species and critical saltwater habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials, or toxic substances, depletion of oxygen, disruption of food chains, loss of benthic productivity, and disturbance of fish runs and important localized biological communities;

vi. Be scheduled so as to not materially interfere with the migratory movements of anadromous fish;

vii. Not adversely alter natural drainage and circulation patterns, currents, and tidal flows, or significantly reduce flood water capacities;

viii. Utilize techniques that cause minimum dispersal and broadcast of bottom material; hydraulic dredging shall be used wherever feasible in preference to agitation dredging;

ix. Not interfere with geo-hydraulic processes;

x. Be found, through analysis by a qualified professional, to be minimally or nonpolluting; and

xi. Revegetate land disposal sites with native vegetation species and other approved plants shall be required according to BIMC 16.12.030.B.2.c, Regulations – Revegetation Standards.

4. Regulations – Specific Dredging.

a. Dredging, when allowed in subsection D.3 of this section, Regulations – General, shall support the following uses and developments:

i. Approved harbors, marinas, ports, and water-dependent industries;

ii. Development or maintenance of essential public infrastructure and facilities;

iii. Environmental clean-up activities required by the Model Toxics Control Act (MTCA) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);

iv. Underground utility installation requiring trenches when boring, directional drilling, and other installation methods are not feasible;

v. Maintenance dredging for the purpose of restoring a lawfully established industrial or commercial water-dependent development;

vi. Maintaining, establishing, expanding, relocating or reconfiguring navigation channels and basins where necessary to assure the safety and efficiency of existing navigational uses;

vii. Ecological restoration and enhancement projects benefiting water quality and/or fish and wildlife habitat; or

viii. Public access and public water-oriented recreational developments/uses, including construction of public piers and docks.

b. New development shall be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging.

c. Maintenance dredge options shall occur in the same location, depth, and width as previously permitted.

5. Regulations – Dredge Material Disposal.

a. All unconfined, open water dredge disposal activities shall comply with the Puget Sound Dredged Disposal Analysis (PSDDA) criteria and guidelines and other applicable local, state and federal regulations.

b. When consistent with this program, disposal of dredged materials in water areas other than PSDDA sites may only be allowed for the following reasons:

i. To restore or enhance habitat;

ii. To reestablish substrates for fish and shellfish resources;

iii. To nourish beaches that are starved for sediment; or

iv. To remediate contaminated sediments.

E. Fill.

1. Applicability. Fill is the placement of soil, sand, rock, gravel, existing sediment, or other material (excluding solid waste) along the shoreline below the OHWM, or on wetland or upland of the OHWM. Fill activities shall only be allowed as part of an approved shoreline use and/or development activity and shall be subject to the requirements of the principal use/development. Speculative fill activity is prohibited. Any fill activity conducted within shoreline jurisdiction must comply with the following policies and regulations. Beach nourishment as defined in the shoreline master program shall not be considered fill. Excavation waterward of the ordinary high water mark is regulated under subsection D of this section, Dredging and Dredge Material Disposal. Fill activities will be reviewed under the no net loss provisions of BIMC 16.12.030.B.2, Environmental Impacts, and may also be reviewed under BIMC 16.12.030.B.4, Land Modification; BIMC 16.12.030.B.5, Critical Areas; and BIMC 16.12.030.B.6, Water Quality and Stormwater Management. Other portions of this program may also apply.

2. Prohibited.

a. Speculative fill activity.

b. Fill that will result in significant adverse impacts that cannot be avoided or mitigated.

c. Fill in the priority aquatic designations.

3. Regulations – General.

a. Fill is allowed as a conditional use as follows:

i. In the urban, shoreline residential, and shoreline residential conservancy designations.

ii. In the island conservancy and natural designations only for the restoration, enhancement, or maintenance of natural resources. See BIMC 16.12.030.B.8, Shoreline Restoration and Enhancement, for additional requirements and permit requirements.

iii. In the aquatic designation, for commercial or industrial water-dependent or essential public facilities, or as part of a permitted environmental enhancement or remediation project.

b. When allowed in subsection E.3.a of this section, fill waterward of the OHWM shall be necessary for:

i. Approved marinas, ports, and other water-dependent industries where upland alternatives or structural solutions including pile or pier supports are infeasible.

ii. Development or maintenance of essential public infrastructure and facilities.

iii. Environmental clean-up activities required by MTCA and CERCLA.

iv. Maintenance of a lawfully established use or development.

v. Ecological restoration and enhancement projects benefiting water quality and/or fish and wildlife habitat.

vi. Public access and public water-oriented recreation projects benefiting substantial numbers of people.

c. Pile or pier supports shall be utilized whenever feasible in preference to fills. Fills for approved road development in floodways or wetlands shall be permitted only if the pile or pier supports are demonstrated to be infeasible.

4. Regulations – Location, Design and Construction.

a. When allowed in subsection E.3 of this section, filling and/or excavation shall be located, designed, and carried out in a manner that:

i. Minimizes adverse impacts on the shoreline environment including significant damage to water quality, critical saltwater habitat;

ii. Blends in physically and visually with natural topography, so as not to interfere with appropriate use, impede public access, or degrade the aesthetic qualities of the shoreline;

iii. Does not require shoreline stabilization to protect materials placed unless it is part of an approved shoreline restoration project and shoreline stabilization measures are needed to keep the material in place; and

iv. Does not adversely alter natural drainage and circulation patterns, currents, river and tidal flows, or significantly reduce flood water capacities.

b. Where fills are permitted, the fill shall be the minimum necessary to accommodate the proposed use. Fills shall be located, designed, and constructed to protect shoreline ecological functions and ecosystem-wide processes.

c. Where fills reduce public access, compensatory public access shall be provided as part of the development project.

d. Fill proposals shall be designed, constructed, and maintained to prevent, minimize, and control all material movement, erosion, and sedimentation from the affected area. Perimeters of permitted fill projects shall be designed and constructed with silt curtains, vegetation, retaining walls, or other mechanisms, and appropriately sloped to prevent erosion and sedimentation both during initial landfill activities and afterwards. Such containment practices shall occur during the first growing season following completion of the landfill.

e. Fill materials shall be sand, gravel, soil, rock, or similar material. Use of contaminated dredge material is prohibited. (See BIMC 16.12.040.F, Industrial Development, and subsection D of this section, Dredging and Dredge Disposal.)

f. The timing of any fill construction shall be regulated to minimize damage to water quality and aquatic life within the time restraints recommended by the Washington State Department of Fish and Wildlife. (Ord. 2020-17 § 3 (Exh. A), 2020; Ord. 2014-04 § 3 (Exh. 1 § 6), 2014)