Skip to main content
Loading…
This section is included in your selections.

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.

A. Policies.

1. 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.

2. 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.

3. 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 ground water.

B. Regulations. The following regulations shall apply to in-water work, including, but not limited to, installation of new structures, repair of existing structures, restoration projects, and aquatic vegetation removal:

1. Siting and Design Requirements. In-water structures and activities shall be sited and designed to avoid the need for future shoreline stabilization activities and dredging, giving due consideration to watershed functions and processes, with special emphasis on protecting and restoring priority habitat and species. Modifications and uses located in the aquatic environment shall be the minimum size necessary.

2. Buffers Do Not Apply. Water-dependent in-water structures, activities and uses are not subject to the shoreline buffers established in this SMP.

3. Adhere to Timing Restrictions. Projects involving in-water work shall comply with timing restrictions as set forth by state and federal project approvals.

4. Structure Removal. Removal of existing structures shall be accomplished so the structure and associated material does not reenter the waterbody.

5. Disposal of Waste Material. Waste material, such as construction debris, silt, excess dirt or overburden resulting from in-water structure installation, shall be deposited outside of shoreline jurisdiction in an approved upland disposal site. Proposals to temporarily store waste material or reuse waste materials within shoreline jurisdiction may be approved; provided, that use of best management practices is adequate to prevent erosion or water quality degradation and that stockpiling shall be limited to a maximum of 90 days.

6. Hazardous Materials. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the waterbody during in-water activities. Necessary refueling of motorized equipment shall be done as far from the adjacent waterbody as is possible. Appropriate spill cleanup materials must be on-site at all times, and any spills must be contained and cleaned immediately after discovery.

7. 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.

8. Treatment of Below-OHWM Excavations. Any trenches, depressions, or holes created below the OHWM shall be backfilled prior to inundation by water.

9. Concrete Management. Fresh concrete or concrete by-products shall not be allowed to enter the waterbody at any time during in-water installation. All forms used for concrete shall be completely sealed to prevent the possibility of fresh concrete from entering the waterbody.

10. Protection of Bank and Vegetation. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to perform the in-water work. All disturbed areas shall be restored and protected from erosion using vegetation or other means.

11. 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 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 SPMC 15.14.380 (Dredging and Dredge Material Disposal) and 15.14.390 (Fill and Excavation) for additional policies and regulations regarding dredging, fill and disposal.

12. Retain Natural Features. Natural in-water features such as snags, uprooted trees, or stumps should be left in place unless it can be demonstrated that they are causing significant bank erosion or higher flood stages or pose a hazard to human safety.

13. Mitigation. All aquatic shoreline modifications and uses are subject to the mitigation sequencing requirements in SPMC 15.14.290 (Ecological Protection and Critical Areas), with appropriate mitigation required for any unavoidable impacts to ecological functions. If critical areas in shoreline jurisdiction are impacted, the project is also subject to relevant requirements of Appendix B (Critical Areas Regulations). [Ord. 580 Att. A § 5.2, 2019.]