15.14.320 Vegetation conservation and shoreline buffers

15.14.320 Vegetation conservation and shoreline buffers.

1. 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:

a. 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;

b. Regulating microclimate in riparian and nearshore areas;

c. Providing organic inputs necessary for aquatic life, including providing food in the form of various insects and other benthic macroinvertebrates;

d. Stabilizing banks, minimizing erosion and sedimentation, and reducing the occurrence/severity of landslides;

e. Reducing fine sediment input into the aquatic environment by minimizing erosion, aiding infiltration, and retaining runoff;

f. 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);

g. Providing a source of large woody debris to moderate flows, create hydraulic roughness, form pools, and increase structural diversity for salmonids and other species;

h. Providing habitat elements for riparian-associated species, including downed wood, snags, migratory corridors, food, and cover.

2. 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.

3. Noxious and Invasive Weeds. Encourage management and control of noxious and invasive weeds. Control of such species should be done in a manner that retains onsite native vegetation, provides for erosion control, and protects water quality. Use of nontoxic or natural controls is preferred.

4. Shoreline Buffer. A shoreline buffer of the width established in Table 3.2 should be provided in each environment designation.

1. Conserve Vegetation. Shoreline developments shall address the conservation and maintenance of vegetation and forest soils through compliance with this section, the critical areas standards in Appendix B, and any other regulations specific to vegetation management that may be contained in other chapters of this SMP.

2. Shoreline Buffer. As established in Table 3.2 shoreline buffers, along the full width of the shoreline, shall be required unless otherwise allowed by this shoreline master program. Within buffers, conservation of existing native vegetation shall be required. The buffer shall consist of a continuous mixture of native trees, shrubs, and groundcover at a range and density appropriate to the site. Structures shall be located outside of the buffer. Buffers shall only be reduced as allowed by subsection (B)(16) of this section.

3. Minimize Clearing. Vegetation clearing within shoreline jurisdiction shall be limited to the minimum necessary to accommodate approved shoreline development.

4. Mitigation Required. Where impacts to shoreline or critical area buffers are permitted and after mitigation sequencing has been applied as outlined in SPMC 15.14.290(B)(1), new developments or site alterations shall be required to develop and implement a mitigation plan.

5. Tree Pruning and Removal. Selective pruning of trees for safety or view protection is allowed if consistent with the provisions of SPMC 15.14.290 (Ecological Protection and Critical Areas); Appendix B (Critical Areas Regulations); and subsection (B)(6) of this section. Where trees pose a significant safety hazard as indicated in a written report by a certified arborist or other qualified professional, they may be removed from shoreline and critical area buffers if the hazard cannot be removed by topping or other technique that maintains some habitat function. All other tree removal in shoreline jurisdiction shall be minimized through site design and mitigated. In general, trees that are cut down should be retained in the protected area to provide continued biological or soil stabilization functions.

6. View Corridors. The development or maintenance of view corridors can provide opportunities for visual access to waterbodies associated with waterfront lots. One view corridor, limited to 25 percent of the width of the lot, or 25 feet, whichever distance is less, may be permitted per lot, when consistent with the provisions of SPMC 15.14.290 (Ecological Protection and Critical Areas); Appendix B (Critical Areas Regulations); and this section. A mitigation plan as required by subsection (B)(4) of this section 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.

a. In addition to the submittal of a complete mitigation plan, an applicant must submit the following materials:

i. A graphic and/or site photo for the entire shoreline frontage which demonstrates that the existing or proposed development does not, 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,

ii. Demonstration that where the applicant already has an accessible shoreline access corridor per this Vegetation Conservation section, the view corridor will include the existing shoreline access corridor to minimize alteration of the shoreline buffer;

b. Applications for view corridors must also be consistent with the following standards:

i. 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,

ii. Native shrubs shall not be pruned to a height less than six feet. No tree topping shall occur. Pruning of vegetation waterward of the OHWM is prohibited,

iii. Nonnative 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,

iv. Whenever possible, view corridors shall be located in areas dominated with nonnative vegetation and invasive species,

v. A view corridor may be issued once for a property. No additional vegetation pruning for the view corridor is authorized except as may be permitted to maintain the approved view corridor from regrowth. Limitations and guidelines for this maintenance shall be established in the mitigation plan.

7. Unauthorized Vegetation Removal. Vegetation removal conducted without the appropriate review and approvals requires the submittal and approval of a restoration plan prepared by a qualified professional and must be consistent with the provisions of SPMC 15.14.290 (Ecological Protection and Critical Areas) and appropriate requirements of Appendix B (Critical Areas Regulations). The mitigation plan must utilize only native vegetation and should be designed to compensate for temporal loss of function and address the specific functions adversely impacted by the unauthorized vegetation removal.

8. Nonnative Vegetation. With the exception of hand removal or spot-spraying of invasive or noxious weeds, the determination of whether nonnative vegetation removal may be allowed in a shoreline or critical area buffer must be evaluated in conformance with SPMC 15.14.290 (Ecological Protection and Critical Areas) and appropriate requirements of Appendix B (Critical Areas Regulations). Such removal of noxious weeds and/or invasive species shall be incorporated in mitigation plans, as necessary, to prevent erosion and facilitate establishment of a stable community of native plants. Nonnative vegetation removal outside of shoreline or critical area buffers does not require mitigation, except as noted under subsection (B)(4) of this section.

9. Water-Dependent Uses. Consistent with the use allowances for each environment designation, water-dependent uses and activities may be located at the water’s edge, or as prescribed by conditions added to a permit. Accessory uses, developments and activities should be located outside the standard or reduced shoreline buffer unless a location in the buffer is necessary for operation of the water-dependent use or activity or no other location is feasible (e.g., the water-dependent use or activity is located on a parcel entirely or substantially encumbered by the required buffer). All other accessory uses, developments and activities located in a shoreline buffer must obtain a shoreline variance.

10. Public Facilities and Other Water-Oriented Uses. Consistent with the use allowances for each environment designation, other essential water-oriented public facilities, water-oriented 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 SPMC 15.14.290 (Ecological Protection and Critical Areas) and SPMC 15.14.310 (Public Access).

11. 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.

12. 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, buffer impacts should be avoided and/or minimized and disturbed areas shall be immediately restored.

13. Utilities. Where no other practical alternative exists to the excavation for and placement of municipal wells or utilities in a shoreline and critical area buffer, these uses may be permitted if also allowed under SPMC 15.14.470 (Utilities). A mitigation plan must be prepared by a qualified professional, and must be consistent with the provisions of SPMC 15.14.290 (Ecological Protection and Critical Areas) and appropriate requirements of Appendix B.

14. 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.

15. Trails. Trails and associated facilities may be permitted in the outer 25 percent of shoreline buffers but should conform to design guidelines found in public access sections of this SMP. A mitigation plan must be prepared by a qualified professional and must be consistent with the provisions of SPMC 15.14.290 (Ecological Protection and Critical Areas), and appropriate requirements of Appendix B (Critical Areas Regulations).

a. Roads. Legally existing roads transecting a shoreline buffer may be improved and expanded when:

i. No other feasible option exists, and

ii. The expansion does not further degrade the shoreline buffer, and

iii. The existing buffer provides minimal ecological function as existing and the mitigation for the new expansion activity will provide ecological lift;

b. Reductions of up to 25 percent of the standard buffer may be approved if the applicant demonstrates that either:

i. Enhancing the buffer (by removing invasive plants, planting native vegetation, installing habitat features such as downed logs or snags, or other means) will result in a reduced buffer that functions at a higher level than the existing standard buffer, or

ii. Conditions unique to the site, including existing uses, developments, or topographic barriers that may exist between the proposed development and the OHWM, which substantially prevent or impair delivery of most riparian functions from the subject upland property to the waterbody;

c. If the applicant can demonstrate that uses cannot be accommodated or accomplished outside of the standard or standard reduced buffer, a reduction in the buffer width not exceeding 50 percent may be approved through a shoreline variance. Adequate space for a single-family residence and associated yard is available when the buildable lot depth is 70 feet or greater under the standard buffer or standard reduced buffer. The approved reduction may be no more than that necessary to accommodate the allowed use. The town may allow a decrease in property setback standards if those actions will reduce or eliminate the need for the buffer reduction;

d. The applicant must submit a mitigation plan that addresses the specific habitat components and/or ecological functions that may be lost as a result of either reduction mechanism;

e. Where opportunities to mitigate in kind and on site are not available or adequate, the mitigation plan may include off-site or out-of-kind mitigation, or contributions to a fee-in-lieu restoration program when established. When off-site mitigation is proposed, projects included in the Restoration Plan found in Appendix C of this SMP shall be considered first;

f. These provisions do not apply to those portions of water-dependent or public access development that require improvements or uses adjacent to the water’s edge. Where space is available, the required native vegetation shall be planted in the shoreline setback area that is not being used for water-dependent or public access uses. [Ord. 580 Att. A § 4.5, 2019.]