Chapter 18.50

A. Title. This chapter of the Unified Development Code, together with Element 3 of the Comprehensive Plan, is the Shoreline Master Program for San Juan County, Washington.

B. Short Title. The short title of this chapter and Element 3 of the Comprehensive Plan is the "SJC Shoreline Master Program" or "SMP."

C. Authority.

1. The provisions of this section are adopted pursuant to RCW 90.58.140(3) and 90.58.200, the Shoreline Management Act of 1971 ("SMA"), Chapters 173-26 and 173-27 WAC, Element 3 of the Comprehensive Plan, and this Chapter 18.50 SJCC, the San Juan County Shoreline Master Program.

2. Liberal Construction. As provided in RCW 90.58.900, the SMA is exempted from the rule of strict construction, and it and the Shoreline Master Program shall be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the SMA and this program were enacted and adopted, respectively.

3. Conflicting Policies or Regulations. The SMA and the Shoreline Master Program comprise the basic state and local law regulating the use of shorelines in the County. Unless specifically provided otherwise, in the event that provisions of the Shoreline Master Program conflict with other applicable state or local policies or regulations, the SMA and Shoreline Master Program shall control. Where the Shoreline Master Program is more restrictive than other applicable state or local policies or regulations, the SMA and Shoreline Master Program shall control. Where other applicable state or local policies or regulations are more restrictive than the SMA and/or Shoreline Master Program, such policies or regulations control.

D. Official Map.

1. A map, known officially as the "San Juan County Designated Shoreline Environments Map," (a.k.a., the "map," "official map") is part of the SJC Master Program. The map shows all areas of San Juan County under the jurisdiction of this master program and the official designated environments as provided by the Shoreline Element of the Comprehensive Plan for all affected lands and waters.

2. There is only one official copy of the map, which is maintained by the San Juan County planning department. Amendments to the map are promptly recorded on the official copy.

3. At the time of adoption of this master program, one copy of the official map will be filed with the County auditor. In addition, at least once every 12 months following the filing of the initial map with the auditor, the planning department will make an additional copy of the official map and file it, with the initial map, in the auditor’s office. If the official map has not been amended during the 12-month period, the planning department may file with the auditor a notice to that effect, signed by the planning director, in lieu of a copy of the official map. The purpose of these annual filings is to create an official record of the changes occurring over time in the designated shoreline environments. At no time will the copies of the map filed with the auditor be altered in any way.

4. No part of the map may be altered or amended without the approval of the Washington Department of Ecology, except those changes provided for in subsection (D)(5) of this section.

5. Where questions arise regarding the precise boundaries of any designated environment, the administrator will make the final determination, subject to the provisions of SJCC 18.80.140, Appeals. Unofficial copies of the map may be prepared for administrative purposes as needed.

6. Lakes of 20 acres or more are subject to the Shoreline Management Act and the Shoreline Master Program, as provided in RCW 90.58.030(2)(d)(iii). Those lakes that meet this criterion but which are not shown on the official maps, or which are not shown with a shoreline environment designation, shall be considered to be subject to the underlying Comprehensive Plan density designation while shoreline use is subject to the shoreline environment designation matching the Comprehensive Plan land use district designation for the area, until such time as the lakes are assigned specific designations in the County’s Shoreline Master Program.

E. Responsibilities of Administrator, Planning Department, and Planning Commission.

1. Administrator.

a. Technical and Administrative Assistance. The administrator shall make written recommendations to the decisionmaker regarding shoreline permit applications, provide technical and administrative assistance to the hearing examiner or the BOCC as required, and provide such technical assistance to the planning commission as may be needed; and

b. Administrative Responsibilities. The administrator shall have the overall administrative responsibility for the master program, which includes:

i. Establishing the procedures and preparing the forms deemed essential for the administration of the Shoreline Master Program;

ii. Advising applicants for permits and other interested persons of the policies, regulations, and procedures established by the Shoreline Master Program and the Act;

iii. Making administrative interpretations of the Shoreline Master Program, as necessary;

iv. Collecting required fees;

v. Determining that applications are proper and complete prior to review;

vi. Making field inspections; and

vii. Seeking compliance with the provisions of the Shoreline Master Program and the SMA and of conditions attached to a shoreline permit issued by the County.

2. Planning Department and Planning Commission. The planning department and planning commission have authority to review and recommend revisions to the Shoreline Master Program, and shall monitor shoreline developments to enable effective and comprehensive review of this master program, as provided in SJCC 18.90.040. (Ord. 13-2002 § 1; Ord. 2-1998 Exh. B § 5.1)

18.50.020 General applicability.

A. Relationship to Comprehensive Plan. This master program provides land use regulations to implement the goals and policies of the Comprehensive Plan Shoreline Element. These regulations apply to all of the land and waters of San Juan County which fall under the jurisdiction of the Shoreline Management Act. These regulations do not apply to development and uses beyond the jurisdictional limits of the Act unless a proposed development involves both jurisdictional and nonjurisdictional land and the upland development is found to adversely affect the shoreline environment. If a conflict occurs between this chapter and other sections of this code, this chapter shall prevail.

B. Applicability to Persons. This master program shall apply to every person, individual, firm, partnership, association, organization, corporation, local or state governmental agency, public or municipal corporation, or other nonfederal entity which develops, owns, leases, or administers lands, wetlands, or waters which fall under the jurisdiction of the Shoreline Management Act, except for the right of any person established by treaty to which the United States is a party.

C. Applicability to Federal Agencies.

1. Federal agencies are subject to the SJC Master Program and the Washington State Shoreline Management Act, as provided by the Coastal Zone Management Act (16 U.S.C. 1451 et seq.; WAC 173-27-060(1)).

2. The shoreline permit system applies to nonfederal activities constituting developments or conditional uses undertaken on lands subject to nonfederal ownership, lease, or easement even though such lands may fall within the external boundaries of federally owned lands.

3. The shoreline permit system applies to development and uses undertaken on lands not federally owned but under lease, easement, license, or other similar property right of the federal government.

D. Applicability to Development. This master program applies to all "development" as defined in Chapter 18.20 SJCC.

E. Applicability to Substantial Development.

1. This master program applies to all "substantial development" as defined in Chapter 18.20 SJCC.

2. No substantial development may be undertaken unless a valid shoreline substantial development permit is first issued by the County and unless all work proceeds in compliance with the requirements of the Shoreline Management Act, this master program, and other applicable state and local regulations.

F. Exemptions from Substantial Development Permit Requirements.

1. Exemption from the substantial development permit requirements under subsection (G) of this section does not constitute an exemption from the policies of the Shoreline Management Act, the policies and regulations of this SMP, or other applicable local, state, or federal permit requirements. Exemption procedures are provided in SJCC 18.80.110(F). Exemptions shall be construed narrowly in accordance with WAC 173-27-040(1)(a). Statements of exemption are required for certain developments; see SJCC 18.80.110. A use classified as a conditional use or a use not named or contemplated in this chapter is allowed only as a conditional use and is ineligible for shoreline permit exemption.

2. The following, as defined in WAC 173-27-040, are not considered to be substantial developments:

a. Any development of which the total cost or fair market value, whichever is higher, does not exceed the maximum exempt amount allowed by state law, WAC 173-27-040(2)(a), if such development does not materially interfere with the normal public use of the water or shorelines of the state. The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment, or materials.

b. Normal maintenance or repair of existing structures or developments, including damage by fire, accident, or the elements, subject to WAC 173-27-040(2)(b).

c. Construction of the normal protective bulkhead common to single-family residences subject to WAC 173-27-040(2)(c).

d. Emergency construction necessary to protect property from damage by the elements, in accordance with WAC 173-27-040(2)(d).

e. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. However, a feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the shorelands by leveling or filling other than that which result from normal cultivation, shall not be considered normal or necessary farming or ranching activities. For the purposes of this chapter, a "feedlot" shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations; or barns or similar agricultural structures on wetlands (WAC 173-27-040(2)(e)).

f. Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids, such as channel markers and anchor buoys. WAC 173-27-040(2)(f).

g. Construction on shorelands by an owner, lessee, or contract purchaser of a single-family residence for his own use or the use of his family, which residence does not exceed a height of 35 feet above average grade level, except as provided in this SMP, and which meets all requirements of the Act and this SMP, as specified in WAC 173-27-040(2)(g).

h. Construction of a dock, including a community dock, designed for pleasure craft only, for the private, noncommercial use of the owners, lessee, or contract purchaser of single- and multiple-family residences, as specified in WAC 173-27-040(2)(h). This exception applies if either:

i. In salt waters, the fair market value of the dock does not exceed $2,500; or

ii. In fresh waters, the fair market value of the dock does not exceed $10,000, but if subsequent construction having a fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this code.

i. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of the system waters, including return flow and artificially stored ground water from the irrigation of lands (WAC 173-27-040(2)(i).

j. 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 (WAC 173-27-040(2)(j)).

k. 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 part of an agricultural drainage or diking system (WAC 173-27-040(2)(k).

l. Site exploration and investigation activities that are prerequisite to preparation of an application for development authority under this code if:

i. The activity does not interfere with the normal public use of the surface waters;

ii. 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;

iii. The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;

iv. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the County to ensure that the site is restored to pre-existing condition; and

v. The activity is not subject to the permit requirements of RCW 90.58.550 (WAC 173-27-040(2)(m)).

m. The process of removing or controlling an aquatic noxious weed, as defined in state law, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the U.S. Department of Agriculture or the department jointly with other state agencies under Chapter 43.21C RCW (WAC 173-27-040(2)(n)).

n. Watershed restoration projects as defined in Chapter 90.58 RCW, in accordance with WAC 173-27-040(2)(o).

o. A public or private project that is designed to improve fish or wildlife habitat or fish passage, as provided in WAC 173-27-040(2)(p), when all of the following apply:

i. The project has been approved by the Washington Department of Fish and Wildlife (WDFW);

ii. The project has received hydraulic project approval by the WDFW pursuant to Chapter 75.20 RCW; and

iii. The County has determined that the project is substantially consistent with this master program.

p. Hazardous substance remedial actions, as specified in WAC 173-27-040(3).

G. Exemptions from Substantial Development Permit Requirements – Residential Appurtenances. Normal appurtenances to a single-family residence are included in the permit exemption provided in subsection (F)(2)(g) of this section. "Normal appurtenance" means a structure that is necessarily connected to the use and enjoyment of a single-family residence and includes one garage, one accessory dwelling unit, attached decks, a driveway, utilities, fences, antennas, satellite dishes less than one meter in diameter, and solar arrays serving one single-family residence. For the "normal appurtenance" exemption to apply, the applicant must submit a certificate that the structure will be constructed by an owner, lessee or contract purchaser of a single-family residence for his or her own use or the use of his or her family or a person providing health care to the owner or the owner’s family. Normal appurtenances also include:

1. Grading of less than 250 cubic yards or removal of native vegetation that is not within 50 feet of the OHWM or the top of the bank, whichever is greater, when associated with the construction or modification of a single-family residence.

2. Construction or renovation of structures with fair market value of less than the maximum value allowed by Chapter 90.58 RCW and WAC 173-27-040(2)(a).

3. Beach access structures; provided, that a written statement of exemption is obtained; and provided, that all of the following criteria are met:

a. The total cost or fair market value of the improvements does not exceed the maximum allowed by state law.

b. No roofs or roof covering materials such as awnings are permitted.

c. All materials must be finished in subdued natural earth colors.

d. No construction or placement seaward or below the ordinary high water mark (OHWM) is permitted unless the stairs or ramp are connected to an exempt or permitted dock.

e. Stairs or ramps are allowed when no other beach access exists or is reasonably feasible.

f. The maximum vertical height of the structure is 15 feet and the maximum width of the structure is three feet. One intermediate landing or platform with a maximum size of three feet by three feet is allowed. Stairways that are proposed for exposed areas of the shoreline shall not be located on rock faces or bluffs in excess of 172 percent average slope (i.e., a maximum 60-degree angle).

g. The bank stability requirements of SJCC 18.50.330(B)(2) shall be complied with.

h. All disturbed areas shall be immediately replanted with naturally occurring vegetation. Deep-rooted plants as recommended by the Natural Resources Conservation Service or the WSU Cooperative Extension Service shall be planted on the face and top of the bank to help stabilize the soil. All planting shall be completed prior to the end of the growing season which immediately follows construction. All construction debris shall be immediately removed from the site.

i. All stairs or ramps proposed for property associated with or located within subdivisions that contain shoreline common areas, as defined in SJCC 18.50.330(F)(2), must be located within the common area or the access easements to the shoreline common area.

H. Coordination with Element 3 of the Comprehensive Plan and UDC Regulations.

1. All shoreline use and development proposals must be consistent with the goals, policies, and regulations of this SMP, Element 3 of the Comprehensive Plan, and other applicable policies and regulations.

2. When a conditional use permit or variance is required by Chapter 18.30 SJCC for development also within the jurisdiction of this SMP, the hearing examiner, with the advice of the administrator, will attach such conditions to permit or variance approval as are necessary to ensure the development is consistent with this SMP.

3. When any proposed subdivision of land or other development is subject to the jurisdiction of this SMP the entire proposal will be reviewed as a single project. The application will be reviewed for consistency with the provisions of the Comprehensive Plan, this code, and this SMP; however, the specific use regulations of this SMP will apply only to those areas subject to shoreline management jurisdiction. (Ord. 21-2002 § 6; Res. 145-1998; Ord. 2-1998 Exh. B § 5.2)

18.50.030 Definitions.

The definitions for all terms used in this document have the meanings specified in Chapter 18.20 SJCC. (Ord. 2-1998 Exh. B § 5.3)

Article II. General Regulations

18.50.040 Administration.

Administrative policies in Element 3 of the Comprehensive Plan and regulations in this chapter are applicable to all uses and activities regardless of SMP environment designation or eligibility for shoreline permit exemption that may occur within SMP jurisdiction. The following general regulations are in addition to use-specific regulations:

A. All shoreline uses and shoreline modification activities, including those that do not require a shoreline substantial development permit, must conform to the policies and regulations of this SMP.

B. All shoreline modification activities are prohibited unless they are in support of an allowable shoreline use which conforms to the provisions of this SMP.

C. Shoreline uses, modification activities, and conditions listed as "prohibited" are not eligible for consideration as a shoreline variance or shoreline conditional use permit.

D. The policies listed in Element 3 of the Comprehensive Plan provide guidance and direction and will be used by the County in applying the regulations.

E. Where provisions of this SMP conflict, the more restrictive of the provisions applies unless specifically stated otherwise.

F. The procedures regarding exemptions from permits and the procedures and standards regarding issuance of shoreline permits including the shoreline variance and shoreline conditional use permit are located in SJCC 18.80.110. (Ord. 13-2002 § 2; Ord. 2-1998 Exh. B § 5.4.1)

18.50.050 Archaeological and historic resources.

A. When an application for a development permit is received for an area known to be archaeologically significant, the County will not take action on the application and the applicant will not initiate any excavation or development activity until the site has been inspected by a qualified archaeologist. No application will be delayed more than 10 working days for such an inspection. If the application is approved by the County, conditions will be attached reflecting the recommendations of the archaeologist regarding preservation or protection of the site.

B. All development permits will contain a special provision advising the permit holder that if during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the find must be halted immediately, and the administrator must be notified at once. Activities authorized by the permit will not be delayed more than five working days for a finding of significance by the administrator, following the administrator’s receipt of notification, unless the permit holder agrees to an extension of that time period.

C. All development proposed for location adjacent to sites which are included in the state or national registers of historic places, or are determined to be eligible for listing, must be located so as to complement the historic site. Development which degrades or destroys the historical character of such sites is not permitted.

D. Prior to the issuance of a permit in areas known to contain archaeological artifacts and data, the County requires that the developer provide for a site inspection and written evaluation by an archaeologist. Significant archaeological data or artifacts must be recovered before work begins or resumes on a project.

E. In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030 necessitate rapid action to retrieve or preserve archaeological artifacts or data, the project may be exempted from the permit requirements of these regulations. The County shall notify the Washington Department of Ecology, the State Attorney General’s Office, and the Washington Office of Archaeology and Historic Preservation of such a waiver in a timely manner.

F. Archaeological sites located both in and outside the shoreline jurisdiction are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records) and must comply with Chapter 25-48 WAC (Archaeological Excavation and Removal Permit) as well as the provisions of this code.

G. Archaeological excavations are allowed subject to the provisions of this master program and applicable state laws.

H. Identified historical or archaeological resources must be considered in park, open space, public access, and site planning, with access to such areas designed and managed so as to give maximum protection to the resource. (Ord. 2-1998 Exh. B § 5.4.2)

18.50.060 Clearing and grading.

A. Clearing and grading activities are allowed only if: (1) associated with an approved shoreline development; (2) conducted only landward of a required building setback from shorelines; and (3) disturbed areas not converted to another use within one year are replanted with native species. Replanted areas shall be maintained so that the vegetation is fully reestablished within three years of planting.

B. Normal nondestructive pruning and trimming of vegetation for maintenance purposes is not subject to these clearing and grading regulations. In addition, clearing by hand-held equipment of invasive nonnative shoreline vegetation or plants listed on the state noxious weed list is allowed, provided native vegetation is promptly reestablished in the disturbed area.

C. Tree removal permitted in a development approval is exempt from the regulations in this section.

D. Commercial timber harvest conducted in accordance with an approved forest practices permit is exempt from the regulations in this section. (Ord. 2-1998 Exh. B § 5.4.3)

18.50.070 Environmental impacts.

A. The location, design, construction, and management of all shoreline uses and activities must protect the quality and quantity of surface and ground water adjacent to the site and must adhere to the policies, standards, and regulations of applicable water quality management programs and related regulatory agencies.

B. Solid waste disposal and liquid waste treatment facilities are prohibited on shorelines. Solid and liquid wastes, biosolids, and untreated effluents shall not be allowed to enter any bodies of water or to be discharged onto land.

C. The release of oil, chemicals or hazardous materials onto land or into the water contrary to state or federal law is prohibited. Equipment for the transportation, storage, handling, or application of such materials in association with a lawful shoreline use must be maintained in a safe and leak-proof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected.

D. All shoreline uses and activities shall be located, designed, constructed, and managed in a manner that minimizes adverse impacts to surrounding land and water uses and must be aesthetically compatible with the affected area.

E. All shoreline uses and activities must utilize effective erosion control methods during construction and operation. Proposed methods must be included in the project description submitted with any permit application.

F. All shoreline uses and activities must be located, designed, constructed, and managed to avoid disturbance of and minimize adverse impacts to fish and wildlife resources, including spawning, nesting, rearing and habitat areas, and migratory routes.

G. All shoreline uses and activities must be located, designed, constructed, and managed to minimize interference with natural shoreline processes such as water circulation, sand and gravel movement, erosion, and accretion.

H. Land clearing, grading, filling, and alteration of natural drainage features and land forms must be designed to prevent maintenance problems or adverse impacts to adjacent properties or shoreline features.

I. All shoreline developments must be located, constructed, and operated so as not to be a hazard to public health and safety.

J. All shoreline uses and activities must be located and designed to minimize or prevent the need for shoreline defense and stabilization measures and flood protection works, such as bulkheads, other bank stabilization, landfills, levees, dikes, groins, jetties, or substantial site regrades.

K. Herbicides and pesticides may not be applied to or allowed to directly enter water bodies or wetlands unless approved for such use by the appropriate agencies. (Ord. 2-1998 Exh. B § 5.4.4)

18.50.080 Environmentally sensitive areas.

When located in an environmentally sensitive area overlay district or its buffer, shoreline uses

and activities must be located, designed, constructed, and managed in accordance with the applicable requirements of SJCC 18.30.110 through 18.30.160, environmentally sensitive areas. (Ord. 2-1998 Exh. B § 5.4.5)

18.50.090 Parking.

A. Parking is prohibited on structures located over water.

B. Parking facilities must be designed and landscaped to minimize adverse impacts upon adjacent shoreline and abutting properties. Landscaping must consist of native vegetation and be planted before completion of the parking area in such a manner that plantings provide effective screening within three years of project completion and through maturity of the species.

C. Parking facilities serving individual buildings on the shoreline must be located landward from the principal building being served, except when the parking facility is within or beneath the structure and adequately screened or where an alternative location would result in a lesser environmental impact on the shoreline.

D. Parking facilities for shoreline activities must provide safe and convenient pedestrian circulation within the parking area and to the shoreline.

E. Parking facilities shall be designed to prevent contamination of water bodies from surface water runoff. Parking facilities must be provided with the best available technologies and include a maintenance program that will assure proper functioning of all drainage facilities to prevent degradation of surface water quality. (Ord. 2-1998 Exh. B § 5.4.6)

18.50.100 Public access.

A. Except as provided in subsections (B) and (C) of this section, shoreline substantial development permits or conditional uses shall provide public access where any of the following conditions are present:

1. Where a development or use will create increased demand for public access to the shoreline, the development or use shall provide public access to mitigate this impact;

2. Where a development or use will interfere with an existing public access way, the development or use shall provide public access to mitigate this impact. Developments may interfere with access on their development site by blocking access or by discouraging use of existing on-site or nearby accesses;

3. Where uses which are not a priority shoreline use under the Shoreline Management Act will locate on the shoreline of the state, the use or development shall provide public access to mitigate this impact; or

4. Where a use or development will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact.

Whenever public access is required, the permit file shall describe the impact, the required public access conditions, and how the conditions address the impact.

B. An applicant need not provide public access where one or more of the following conditions apply:

1. Unavoidable health or safety hazards to the public exist which cannot be prevented by practical means;

2. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions;

3. The cost of providing the access, easement or alternative amenity is unreasonably disproportionate to the long-term cost of the proposed development;

4. Unacceptable environmental harm will result from the public access which cannot be mitigated; or

5. Significant undue and unavoidable conflict between any access provision and/or adjacent uses would occur and cannot be mitigated.

C. In order to meet any of the conditions in subsections (B)(1) through (B)(5) of this section, the applicant must first demonstrate and the County determine in its findings that all reasonable alternatives have been exhausted, including but not limited to:

1. Regulating access by means such as maintaining a gate and/or limiting hours of use;

2. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.); and

3. Developing provisions for access at a site geographically separated from the proposal such as a street end, vista or trail system.

D. Developing uses and activities shall be designed and operated to avoid blocking, reducing or interfering with the public’s physical accesses to the water and shorelines.

E. Public access provided by shoreline street ends, public utilities, and rights-of-way may not be diminished (RCW 35.79.035 and RCW 36.87.130).

F. Public access sites shall be connected directly to the nearest public street and shall include provisions for handicapped and physically impaired persons, where feasible.

G. Required public access sites shall be fully developed and available for public use at the time of the occupancy of the use or activity.

H. Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat for a subdivision or short subdivision as a condition running contemporaneously with the authorized land use. Said recordings shall occur at the time of permit approval (RCW 58.17.110).

I. The standard state-approved logo or other approved signs that indicate the public’s right of access and hours of access shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs may control or restrict public access as a condition of permit approval.

J. Future actions by the permit holder shall not diminish the usefulness or value of the public access provided.

K. A public access plan for Eastsound, consistent with the Eastsound Subarea Plan (Chapter 16.55 SJCC), has been developed by the County (Resolution 29-1996) in cooperation with waterfront property owners and adopted as part of this master program for the village commercial waterfront. (Res. 145-1998; Ord. 2-1998 Exh. B § 5.4.7)

18.50.110 Shorelines of statewide significance.

The legislature has designated all salt water surrounding the islands of San Juan County, seaward from the line of extreme low tide, as shorelines of statewide significance (RCW 90.58.030(2)(e)). Use and development of such areas is subject to compliance with policies in Element 3, Section 3.4.F of the Comprehensive Plan. (Ord. 2-1998 Exh. B § 5.4.8)

18.50.120 Signs.

In addition to the standards in SJCC 18.40.370 through 18.40.400, the following apply:

A. Regulations.

1. Plans and designs for nonexempt signs must be submitted for review at the time of shoreline permit application.

2. All signs must be located and designed to minimize interference with vistas, viewpoints, and visual access to the shoreline. Signs located outside of activity centers shall not be facing or directed towards the water, except as provided in subsection (A)(3) of this section.

3. Over-water signs or signs on floats or pilings are allowed only if directly related to the operations of a water-dependent use.

4. Light sources for externally lighted signs must be hooded, shaded, or aimed so that direct light will not result in glare when viewed from surrounding properties or watercourses. Internally lighted signs are prohibited.

5. Signs related to specific on-site uses or activities must not exceed the maximum size limits specified in SJCC 18.40.370 through 18.40.400. On-site freestanding signs must not exceed six feet in height. When feasible, signs must be mounted flush against a building.

6. Allowable Signs. The following types of signs may be allowed in all shoreline environments:

a. Water navigational signs and water way and roadway safety and directional signs.

b. On-premises public information signs directly relating to an allowed shoreline use or activity.

c. Off-premises, freestanding signs for community identification, information, or directional purposes, if consistent with this section and SJCC 18.40.370 through 18.40.400.

d. National, state 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 the 10 days following the event.

f. No-trespassing signs and no-hunting signs, not to exceed two square feet.

g. Political signs.

7. Signs mounted flush to the wall of a building must not extend above the highest point on the wall to which they are mounted. Signs mounted at right angles to the wall of a building and freestanding signs must not be more than 15 feet above grade, measured from the top of the sign.

B. Additional Regulations by Environment.

1. In rural, rural residential, Eastsound marina and Eastsound residential environments, freestanding signs shall not be more than five feet above grade, measured from the top of the sign, except as otherwise provided in this code.

2. In the conservancy environment, outdoor advertising signs shall be allowed only if they are mounted flush to the wall of an approved structure and relate directly to that structure or use.

3. In natural and aquatic environments, signs shall be prohibited except for traffic signs, official warning signs, signs identifying public facilities, and other signs required by law; provided, that outdoor advertising signs may be allowed in the aquatic environment only if they are mounted flush to the wall of an allowed over-water structure and only if they could not as effectively be located on land.

C. Prohibited Signs. The following types of signs are prohibited:

1. Signs which significantly impair visual access to the shoreline.

2. Off-premises outdoor commercial advertising signs.

3. Spinners, streamers, pennants, flashing lights, internally lit signs, and other animated signs used for commercial purposes.

4. Signs placed on trees or other natural features.

5. Signs not in conformance with performance standards in SJCC 18.40.370 through 18.40.400. (Ord. 2-1998 Exh. B § 5.4.9)

18.50.130 Vegetation management.

A. All shorelines shall be protected from degradation caused by the modification of the land surface within the shoreline area or the adjacent uplands.

B. Development on shorelines that have been identified as unstable or sensitive to erosion in SJCC 18.30.120 is not allowed unless the applicant demonstrates that the development is located a sufficient distance from the shoreline to prevent contributing to its instability.

C. Restoration of any shoreline that has been disturbed or degraded shall be done with native plant materials with a diversity and type similar to that which originally occurred on-site.

D. Commercial nursery stock used in the restoration of disturbed or degraded shorelines shall, at maturity, emulate the previously existing vegetation in size, structure, and diversity.

E. Beach enhancement is prohibited:

1. Within spawning, nesting, or breeding habitat;

2. Where littoral drift of the enhancement materials will adversely effect adjacent spawning grounds or other areas of biological significance;

3. If it will interfere with the normal public use of the navigable waters of the state; or

4. Where the activity is in support of a nonconforming use unless such activities are necessary to maintain shoreline stability and the natural ecology.

F. Aquatic weed control shall only occur when native plant communities and associated habitats are threatened or where an existing water dependent use is restricted by the presence of weeds. Aquatic weed control shall occur in compliance with all other applicable laws and standards.

G. The control of aquatic weeds by hand pulling, mechanical harvesting, or placement of aqua-screens, if proposed to maintain existing water depth for navigation, shall be considered normal maintenance and repair and therefore exempt from the requirement to obtain a shoreline substantial development permit. (See the exemption procedures in SJCC 18.80.110(F).)

H. The control of aquatic weeds by derooting, rotovating, or other method which disturbs the bottom sediment or benthos shall be a substantial development unless it will maintain existing water depth for navigation in an area covered by a previous permit for such activity. In that case, it shall be considered normal maintenance and repair.

I. Use of herbicides to control aquatic weeds shall be prohibited except where no reasonable alternative exists and weed control complies with all state rules and regulations. (Ord. 2-1998 Exh. B § 5.4.10)

18.50.140 View protection.

A. Shoreline uses and activities must be designed and operated to avoid blocking or adversely interfering with visual access from public areas to the water and shorelines except as provided for in SJCC 18.50.130.

B. The vacation of public road ends and rights-of-way which provide visual access to the water and shoreline may be allowed only in accordance with RCW 36.87.130 and local rules.

C. In providing visual access to the shoreline, the natural vegetation shall not be excessively removed either by clearing or by topping.

D. In order to limit interference with views from surrounding properties to the shoreline and adjoining waters, development on or over the water shall be constructed only as far seaward as necessary for the intended use.

E. Development on or over the water must be constructed of materials that are compatible in color with the surrounding area.

F. Visual shoreline access must be maintained, enhanced, and preserved on public road ends and rights-of-way. (Ord. 2-1998 Exh. B § 5.4.11)

18.50.150 Water quality.

A. During and after construction, all shoreline developments shall minimize any increase in surface runoff through control, treatment, and release of surface water runoff so that the receiving water quality and shore properties are not adversely affected. Control measures include dikes, catch basins or settling ponds, oil interceptor drains, grassy swales, planted buffers, and fugitive dust controls. All surface water shall be retained on site unless discharge to road ditches or other drainage channels is approved in writing by the County engineer.

B. All industrial, institutional, commercial, residential, recreational, and agricultural uses shall adhere to all required setbacks, buffers, and standards for stormwater. (Refer to shoreline use and environment designation regulations for specific limits.)

C. All shoreline development must comply with the applicable requirements of the Stormwater Management Manual for the Puget Sound Basin or a County-approved program that meets or exceeds the requirements of the manual. (See also SJCC 18.60.060(B) and (C) and 18.60.070.) (Ord. 2-1998 Exh. B § 5.4.12)

Article III. Specific Shoreline Use Regulations

18.50.160 General.

A. Uses Not Identified in This SMP. Shoreline uses not specifically identified in this master program and for which regulations have not been developed will be evaluated on a case‑by‑case basis and shall be allowed only as conditional uses. Such use proposals will be required to satisfy the policies of the Shoreline Management Act, the goals and general policies of this SMP, and to be consistent with the character and management policies of the designated shoreline environment in which they are proposed to be located. A shoreline conditional use permit is required.

B. The use regulations in SJCC 18.50.160 through 18.50.350 specify what will be required of any development located within a shoreline area. These regulations are directly supportive of the adopted policies for each designated environment and use. In the development of the regulations, the special character of each environment has been recognized. The regulations seek to reflect and preserve that character wherever appropriate. To this end, each of the use categories is composed of several regulation sections. In each case, one section contains regulations of general applicability in all environments where the use is allowed. The succeeding sections contain additional regulations required for the conduct of an activity in a specific shoreline environment. (Ord. 2-1998 Exh. B § 5.5.1)

18.50.170 Agriculture.

A. General Regulations.

1. Buffers of permanent vegetation or other suitable soil erosion controls shall be established and maintained between tilled or grazed areas and associated water bodies. The type and extent of such vegetation and other control shall be of a width or character sufficient to prevent surface runoff and reduce siltation.

2. Confined animal feeding operations, retention of storage ponds for feedlot wastes, and stockpiles of manure solids shall be located to prevent the pollution of water areas. Control guidelines prepared by the U.S. Environmental Protection Agency and state and local agencies shall be observed.

3. Commercial feedlots shall not be permitted on the shorelines.

4. All agricultural activities performed within watersheds for ground water collection or adjacent to shorelines shall develop a water quality conservation plan with the local USDA representative in line with "best management practices" and with the goal of protecting water quality. Agricultural activities conducted on agricultural resource lands will include the water quality plan as a portion of the five-year plan filed with the County assessor.

B. Regulations by Environment.

1. Urban. Agricultural activities shall be permitted in the urban environment subject to the policies and regulations contained in this master program.

2. Rural. Same as urban.

3. Rural Residential. Same as urban.

4. Rural Farm-Forest. Same as urban.

5. Conservancy. Same as urban.

6. Natural. Agricultural activities may be permitted in the natural environment as a conditional use; provided, that the resource which is to be protected by the natural designation will not be degraded.

7. Aquatic. Agricultural activities proposed for the aquatic environment are considered to be aquacultural activities and the policies and regulations of SJCC 18.50.180, Aquaculture, shall govern.

8. Eastsound Urban, Eastsound Residential, Eastsound Marina District and Eastsound Conservancy. Same as urban.

9. Eastsound Natural. Same as natural.

10. Shaw Rural, Shaw Rural Farm-Forest and Shaw Conservancy. Same as urban.

11. Shaw Natural. Same as natural. (Ord. 2-1998 Exh. B § 5.5.2)

18.50.180 Aquaculture.

A. General Regulations.

1. Because all shorelines within the County seaward of the line of extreme low tide have been designated "shorelines of statewide significance," aquacultural activities proposed in that area shall be subject to, first, the policies referred to in SJCC 18.50.110, Shorelines of statewide significance and second, the general and use-specific regulations contained in this chapter.

2. No structures or facilities which would have a significant adverse impact on the natural, dynamic processes of shoreline formation and change shall be approved or constructed.

3. No aquatic organism shall be introduced into San Juan County salt or fresh waters without prior written approval of the Washington Department of Fish and Wildlife or the appropriate regulatory agency for the specific organism proposed for introduction. The required approval shall be submitted in writing to the permit center prior to the introduction or the granting of the permit, whichever comes first.

4. The County shall not issue permits for projects that include the introduction of aquatic organisms to salt waters until it has also requested written comment, and provided reasonable opportunity to comment on the proposed introduction, from the director of the University of Washington Friday Harbor Laboratories.

5. Unless otherwise provided in the shoreline permit issued by the County, after a permit is issued the repeated introduction of an approved organism in the same location shall not require subsequent approval by the County. Introduction, for purposes of this section, shall mean the placing of any aquatic organism in any area within the waters of San Juan County regardless of whether it is a native or resident organism within the County and regardless of whether it is being transferred from within or without the waters of San Juan County.

6. Aquacultural activities shall comply with all applicable governmental noise, air pollution, and water quality standards, including those in Chapter 18.60 SJCC. All activities shall be operated and maintained to minimize odor and noise.

7. Aquacultural activities shall be restricted to reasonable hours, subject to tides, and days of operation, when necessary to minimize significant, adverse impacts from noise, light, and glare on nearby residents.

8. Aquacultural structures and equipment, except navigation aids, shall be designed, operated, and maintained to blend into their surroundings through the use of appropriate colors and materials.

9. The County may require of aquacultural permittees evidence of financial responsibility in an amount commensurate with the risk of injury or damage to any person, property, or environment as a result of the project. Evidence of financial responsibility shall not duplicate requirements of other agencies.

10. Where aquacultural projects are authorized to use public facilities, such as boat launches or docks, the County shall reserve the right to require the applicant to pay a portion of the cost of maintenance and any required improvements commensurate with the applicant’s use.

11. All aquacultural structures and facilities shall be marked in accordance with U.S. Coast Guard requirements.

12. Aquacultural structures and equipment shall be of sound construction and shall be maintained properly. Abandoned or unsafe structures and equipment shall be removed or repaired promptly by the owner. Where any structure might constitute a potential hazard to the public in the future, the County shall require evidence of financial responsibility in an amount commensurate with the cost of removal or repair. The County abate an abandoned or unsafe structure, following notice to the owner, if the owner fails to respond in 30 days. The County may take such action as necessary to enforce the financial responsibility of the applicant. Evidence of financial responsibility shall not duplicate requirements of other agencies.

13. Applicants shall include in their applications all information needed to conduct thorough evaluations of their aquaculture proposals, including the following:

a. Species to be reared.

b. Aquaculture method(s).

c. Anticipated use of any feed, pesticides, herbicides, antibiotics, or other substances, and their predicted impacts.

d. Manpower or employment necessary for the project.

e. Harvest and processing location, method, and timing.

f. Location and plans for any shore-side activities, including loading and unloading of the product, processing, and any use of freshwater supplies.

g. Methods of waste disposal and predator control.

h. Environmental assessment, including best available background information on water quality, tidal variations, prevailing storm wind conditions, current flows, flushing rates, aquatic and benthic organisms, and probable impacts on water quality, biota, currents, littoral drift, and any existing shoreline or water uses. Further baseline studies may be required depending upon the adequacy of available information, existing conditions, the nature of the proposal, and probable adverse environmental impacts. Baseline monitoring shall be at the applicant’s expense unless otherwise provided for.

i. Other pertinent information deemed necessary by the administrator.

14. Legally established aquacultural enterprises, including authorized experimental projects, shall be protected from incompatible uses which may seek to locate nearby. Demonstration of a high probability that such an adjacent use would result in damage to or destruction of such an aquacultural enterprise shall be grounds for the denial of that use.

15. Operational monitoring may be required if and to the extent that it is necessary to determine, ensure, or confirm compliance with predicted or required performance. Such monitoring requirements shall be established as a condition of the permit and shall be conducted at the applicant’s or operator’s expense.

16. No processing of any aquacultural product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms, shall occur in or over the water after harvest, unless specifically approved by permit. All other processing and processing facilities shall be located on land and shall be governed by the policies and regulations of SJCC 18.50.310, Ports and water-related port facilities, in addition to the policies and regulations in this section.

17. Aquacultural wastes must be disposed of in a manner that will ensure compliance with all applicable governmental waste disposal standards. No garbage, wastes, or debris shall be allowed to accumulate at the site of any aquaculture operation.

18. Aquacultural uses and facilities must be located at least 600 feet from any National Wildlife Refuge lands or habitats of special significance for birds or mammals (as identified in recognized reference documents, such as the Washington Department of Ecology publication, "Washington Coastal Areas of Major Biological Significance," or as determined by the Washington Department of Fish and Wildlife). Fish net-pens and projects involving substantial substrate modification shall be located 1,500 feet or more from such areas; however, lesser distances may be authorized by permit if it is demonstrated by the applicant that the wildlife resource will be protected and if the exception is supported by the reviewing resource agencies. Greater distances also may be required if supported by the reviewing resource agencies.

19. Predator control shall not involve the killing or abusive harassment of birds or mammals. Approved controls include but are not limited to double netting for seals, overhead netting for birds, and three-foot-high fencing or netting for otters. The use of other nonlethal, nonabusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as required.

20. Permit applications shall identify all pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents, or other chemicals the applicant anticipates using. No such materials shall be used until approval is obtained from all appropriate state and federal agencies, including the U.S. Food and Drug Administration, the Washington Departments of Ecology, Fish and Wildlife, and Agriculture, as required, and proof of such approvals is submitted to the County. When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing, or hand washing.

21. For aquacultural projects using over-water structures, storage of necessary tools and apparatus seaward of the ordinary high water mark shall be limited to containers of not more than three feet in height, as measured from the surface of the raft or dock. However, in locations where the visual impact of the proposed aquaculture structures will be minimal, the County may authorize storage containers of greater height. In such cases, the burden of proof shall be on the applicant. Materials which are not necessary for the immediate and regular operation of the facility shall not be stored seaward of the ordinary high water mark.

22. Proposals for mechanical clam harvesting or other activities that involve substantial substrate modification through dredging, trenching, digging, or adverse sedimentation shall not be allowed in existing kelp beds or in beds of native eel grass (Zostera marina) containing more than two turions per one-quarter square meter in winter or three turions per one-quarter square meter in summer.

23. Fish net-pens shall meet, as a minimum, state-approved administrative guidelines for the management of net-pen cultures. Where any conflict in requirements arises, the more stringent requirement shall prevail.

24. Fish net-pens shall not occupy more than two surface acres of water area, excluding booming and anchoring requirements.

25. Aquacultural proposals that include net pens or rafts shall not be located closer than one nautical mile to any other aquacultural facility that includes net pens or rafts. However, a lesser distance may be authorized by the County if the applicant can demonstrate to the County’s satisfaction that the environmental and aesthetic concerns expressed in this SMP will be protected. If a lesser distance is requested, the burden of proof shall be on the applicant to demonstrate that the structures, storage of necessary tools and apparatus seaward of the ordinary high water mark shall be limited to containers of not more than three feet in height, as measured from the surface of the raft, or that the cumulative impacts of the existing and proposed operations would not be contrary to the policies and regulations of this SMP.

26. Except as provided in subsection (A)(22) of this section, aquacultural developments approved on an experimental basis shall not exceed five acres in area (except anchorage for floating systems) and five years in duration. The County may, however, issue a new permit to continue an experimental project as many times as is deemed necessary and appropriate.

27. Where necessary to preserve the integrity of any research data collected, aquaculture developments which would be likely to jeopardize an experimental aquaculture development shall not be allowed within the same bay, harbor, or cove with any such aquaculture development, or within a mile of such a development if the water body is larger than one square mile in area, until after the experimental project is granted nonexperimental status or terminated.

28. For floating culture facilities, the County shall reserve the right to require a visual impact analysis consisting of information comparable to that found in the Washington Department of Ecology’s "Aquacultural Siting Study" of 1986.

29. For all development that would be likely to affect water quality or quantity affecting a permitted and currently established aquaculture project, a separate administrative review shall be completed prior to issuing any development permit. The administrator may request research or analysis, as necessary, by appropriate experts such as hydrologists or marine biologists, to assist in determining that marine water quality impacts will not damage or destroy the aquaculture use, based on a preponderance of the evidence. No development permit shall be granted if the aquaculture operation will likely be damaged or destroyed based on a preponderance of the evidence.

B. Regulations by Environment.

1. Urban. Aquacultural activities shall be permitted in the urban environment subject to the policies and regulations of this master program.

2. Rural. Aquacultural activities shall be permitted in the rural general use environment subject to the policies and regulations of this SMP; provided, that the proposed structures and facilities will not have a significant adverse impact on the aesthetic qualities of the surrounding area.

3. Rural Residential. Aquacultural activities shall be permitted in the rural residential environment subject to the policies and regulations of this SMP; provided, that the proposed structures and facilities will not have a significant adverse impact on the aesthetic qualities of the surrounding area. Proposals containing net-pen facilities shall be located no closer than 1,500 feet from the OHWM of this environment, unless a lesser distance is determined to be appropriate based upon a visual impact analysis. Other types of floating culture facilities may be located within 1,500 feet of the OHWM but in such cases a visual analysis shall be mandatory.

4. Rural Farm-Forest. Same as rural.

5. Conservancy. Aquacultural activities shall be permitted in the conservancy environment subject to the policies and regulations of this SMP; provided, that the natural resources and systems of the environment will not be significantly altered; and provided further, that the required structures and facilities, both terrestrial and aquatic, will not have a significant adverse impact on the aesthetic qualities of the surrounding area.

6. Natural. Aquacultural activities that do not require structures or facilities or mechanized harvest practices and that will not result in the alteration of natural systems or features shall be permitted in the natural environment subject to the policies and regulations contained in this SMP.

7. Aquatic. Aquacultural activities shall be permitted in the aquatic environment subject to the policies and regulations of this SMP and to the regulations by environment applicable to the most restrictive abutting shoreline environment, to be determined on a case-by-case basis but to be considered generally as the shoreline environment visible within 1,500 feet of a project site; provided, that the policies and regulations of a less restrictive abutting environment may be substituted if the administrator determines that the public interest would not be compromised by doing so.

8. Eastsound Urban, Eastsound Residential, and Eastsound Marina. Same as urban.

9. Eastsound Conservancy. Same as conservancy.

10. Eastsound Natural. Same as natural.

11. Shaw Rural and Shaw Rural Farm-Forest. Same as rural.

12. Shaw Conservancy. Same as conservancy.

13. Shaw Natural. Same as natural. (Ord. 7-2005 §§ 11, 12; Ord. 2-1998 Exh. B § 5.5.3)

18.50.190 Boating facilities (including docks, piers, and recreational floats).

Notwithstanding any other provision of this code, all docks, floats, piers or other moorage structures in village and hamlet activity centers, including any breakwater attendant to such moorage structures, except those regulated under subsection (G) of this section (residential docks) shall be prohibited. This provision shall not affect the ability of an applicant to obtain required approvals to repair, replace, enhance, modify, or enlarge any existing dock, float, pier or other moorage structure in a manner consistent with existing law.

A. Exemptions. Docks, as specified in SJCC 18.50.020(F), are exempt from the requirement for a shoreline substantial development permit pursuant to RCW 90.58.030(3)(e)(vii) and WAC 173-27-040(2)(h).

B. General Regulations.

1. Boating facilities shall be designed to minimize adverse impacts on marine life and the shore process corridor and its operating systems.

2. Boating facilities shall be designed to make use of the natural site configuration to the greatest possible degree.

3. All boating facilities shall comply with the design criteria established by the State Department of Fish and Wildlife relative to disruption of currents, restrictions of tidal prisms, flushing characteristics, and fish passage to the extent that those criteria are consistent with protection of the shore process corridor and its operating systems.

4. Areas with poor flushing action shall not be considered for overnight or long term moorage facilities.

5. In general, only one form of moorage or other structure for boat access to the water shall be allowed on a single parcel: a dock or a marine railway or a boat launch ramp may be permitted subject to the applicable provisions of this code. (A mooring buoy may be allowed in conjunction with another form of moorage.) However, multiple forms of moorage or other structures for boat access to the water may be allowed on a single parcel if:

a. Each form of boat access to water serves a public or commercial recreational use, provides public access, is a part of a marina facility, or serves an historic camp or historic resort; or

b. The location proposed for multiple boat access structures is common area owned by or dedicated by easement to the joint use of the owners of at least 10 waterfront parcels.

6. Structures on piers and docks shall be prohibited, except as provided for marinas in subsection (H) of this section.

C. General Regulations – Docks, Piers, and Recreational Floats.

1. Multiple use and expansion of existing facilities are preferred over construction of new docks and piers.

2. Mooring buoys shall be preferred over docks and piers on all marine shorelines except in the cases of port, commercial, or industrial development in the urban environment.

3. Moorage floats, unattached to a pier or floating dock, are preferred over docks and piers.

4. Every application for a substantial development permit for dock or pier construction shall be evaluated on the basis of multiple considerations, including but not necessarily limited to the potential impacts on littoral drift, sand movement, water circulation and quality, fish and wildlife, navigation, scenic views, and public access to the shoreline.

5. Docks or piers which can reasonably be expected to interfere with the normal erosion-accretion process associated with feeder bluffs shall not be permitted.

6. Abandoned or unsafe docks and piers shall be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public, the County may, following notice to the owner, abate the structure if the owner fails to do so within a reasonable time and may impose a lien on the related shoreline property in an amount equal to the cost of the abatement.

7. Unless otherwise approved by shoreline conditional use permit, boats moored at residential docks shall not be used for commercial overnight accommodations.

8. Use of a dock for regular float plane access and moorage shall be allowed only by shoreline conditional use permit and shall be allowed only at commercial or public moorage facilities or at private community docks.

D. Regulations – General Design and Construction Standards.

1. Pilings must be structurally sound prior to placement in the water.

2. Chemically treated or coated piles, floats, or other structural members in direct contact with the water shall be as approved by the Environmental Protection Agency.

3. Pilings employed in piers or any other structure shall have a minimum vertical clearance of one foot above extreme high water.

4. All floats shall include stops which serve to keep the bottom off tidelands at low tide.

5. When plastics or other nonbiodegradable materials are used in float, pier, or dock construction, full containment features in the design of the structures shall be required.

6. Overhead wiring or plumbing is not permitted on piers or docks.

7. New boathouses or covered moorages are prohibited on floats, piers, and docks. Other structures on floats, piers, and docks shall be limited to three feet in height.

8. A pier shall not extend offshore farther than 50 feet beyond the extreme low tide contour.

9. Dock lighting shall be designed to shine downward, be of a low wattage, and shall not exceed a height of three feet above the dock surface.

10. All construction-related debris shall be disposed of properly and legally. Any debris that enters the water shall be removed promptly. Where feasible, floats shall be secured with anchored cables in place of pilings.

11. Materials used in dock construction shall be of a color and finish that will blend visually with the background.

E. Regulations – Joint-Use Community Piers, Docks, and Floats.

1. No more than one moorage facility shall be allowed as an accessory to any hotel, motel, multifamily residential development, or similar development.

2. Proposals for joint-use community piers and docks shall demonstrate and document that adequate maintenance of the structure and the associated upland area will be provided by identified responsible parties.

3. Recreational floats shall be placed offshore no farther than 200 feet beyond extreme low tide, the minus-3 fathom contour, or the line of navigation, whichever is closest to shore (WAC 332-30-148(2)).

4. All waterfront subdivisions approved after the adoption of this SMP shall include or provide for construction of a single joint-use moorage facility by the lot owners if moorage is desired by the owners, in a designated, reserved area of the waterfront. Identification of a moorage site shall not be construed to indicate that a shoreline permit will be granted for that site. Subdivisions located where it would be physically impossible to construct such a facility shall be exempt from this provision. Individual docks and piers shall be prohibited; however, the County may authorize more than one moorage facility if a single facility would be inappropriate or undesirable given the specific site and marine conditions. A legal easement must be dedicated to all lot owners for access to joint-use facilities.

5. The dimensional standards in subsection (G)(2) of this section shall apply.

F. Regulations – Commercial/Industrial Docks.

1. Substantial development permits for docks or piers serving single commercial or industrial enterprises shall not be granted until nearby commercial and industrial enterprises have been contacted regarding their water access needs and plans. Where more than one enterprise needs and could realistically make use of a single moorage facility, permits for individual facilities shall not be granted.

2. Commercial and industrial moorage facilities and other docks and piers consisting of more than 20 moorage spaces shall be subject also to the applicable policies and regulations of this section.

3. Bulk storage for gasoline, oil, and other petroleum products for any use or purpose is prohibited on piers and docks. Bulk storage means nonportable storage in fixed tanks.

4. 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 Docks.

1. New Shoreline Subdivisions. New subdivisions with shoreline frontage shall be required to provide community docks rather than individual, private docks, if any docks are proposed, as set forth in subsection (E) of this section.

2. Size and Dimensions of Docks, Piers, and Floats.

a. The maximum dimensions for a dock (including the pier, ramp, and float) associated with a single-family residence shall not exceed 700 total square feet in area. In addition, the length of the dock (including the pier, ramp, and float) may not extend more than 115 feet in length seaward of the ordinary high water mark. Docks exceeding these dimensions may only be authorized by variance.

b. The maximum dimensions for a joint-use dock (including the pier, ramp, and float) associated with two single-family residences shall not exceed 1,400 square feet in area. In addition, the length of the dock (including the pier, ramp, and float) may not extend more than 200 feet in length seaward of the ordinary high water mark. Docks exceeding these dimensions may only be authorized by variance.

c. The maximum dimensions for a joint-use community dock (including the pier, ramp, and float) associated with more than two single-family residences shall not exceed 2,000 square feet in total area. In addition, the length of the dock (including the pier, ramp, and float) may not extend more than 300 feet in length seaward of the ordinary high water mark. If a variance is granted to allow a dock exceeding these dimensions, its construction may only be authorized subject to the regulations for a marina.

d. Maximum length and width of a ramp, pier or dock shall be the minimum necessary to accomplish moorage for the intended boating use.

3. Side Yard Setbacks. Docks shall be set back a minimum of 10 feet from side property lines. However, a joint use community dock may be located adjacent to or upon a side property line when mutually agreed to by contract or by covenant with the owners of the adjacent property. A copy of such covenant or contract must be recorded with the County auditor and filed with the approved permit to run with the title to both properties involved.

4. Development of a dock on a lot intended for single-family residential purposes shall require a shoreline substantial development permit or a statement of exemption issued by the County.

5. Applications for nonexempt docks and piers associated with single-family residences shall not be approved until:

a. It can be shown by the applicant that existing facilities are not adequate or feasible for use;

b. Alternative moorage is not adequate or feasible; and

c. The applicant shall have the burden of providing the information requested for in subsections (A) and (B) of this section, and shall provide this information in a manner prescribed by the administrator.

H. Regulations – Marinas.

1. Dredging or filling of wetlands for the sole purpose of constructing a marina shall be prohibited.

2. No marina shall be approved for construction within one-half mile of any outfall of primary treated domestic or industrial sewage except as a conditional use.

3. All service facilities within or associated with a marina shall include provisions to prevent pollutants from entering the water.

4. Commercial covered moorages may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be necessary over water.

5. Marina-related structures or uses which are not in and of themselves shoreline dependent shall not be located over water.

6. Marinas shall be sited to prevent any restrictions in the use of commercial and recreational shellfish beds and in compliance with The Washington Department of Health’s "Environmental Health Guidelines for Marina Development and Operation."

7. The incorporation of reasonable public use facilities into public marina design shall be required. Marinas may include specific areas restricted for security reasons.

8. Marinas shall be designed to minimize their adverse effects on the scenic qualities of the shorelines.

9. Surface runoff from marina areas shall be controlled so that pollutants will not be carried into water bodies.

10. Marinas shall not be permitted on Class I beaches or where their presence would interrupt driftways feeding Class I beaches.

11. Where landfill is permitted, it shall be only for the necessary water dependent portions of the facility and shall conform to the policies and regulations of SJCC 18.50.360 and 18.50.370. Landfill shall not be permitted for the creation of parking areas unless no feasible alternative exists and the creation of a parking area would be consistent with the policies of this SMP and with the public interest.

12. Parking areas associated with marinas shall be subject to the policies and regulations of SJCC 18.50.340, Transportation facilities.

13. Marinas shall be subject to the general design and construction standards for docks in subsection (D) of this section.

I. Regulations – Boat Launches (including marine railways).

1. Boat launching ramps and marine railways shall be designed so as not to obstruct longshore drift.

2. Residential Launch Ramps. Boat launching ramps may be permitted for individual residences where the upland slope within 25 feet of the OHWM does not exceed 25 percent and where substantial cutting, grading, filling, or defense works are not necessary.

3. Boat launching ramps, minor accessory buildings, and haul out facilities shall be designed to be in character and scale with the surrounding shoreline.

4. Boat launching ramps and marine railways shall not be permitted on Class I beaches or where their presence would interrupt driftways feeding Class I beaches.

5. Marine railways for boat launching shall be located on existing grade, avoiding landfill where feasible, and shall not obstruct public access to and along the shoreline and across publicly-owned tidelands. When a boat is hauled out of the water, it shall be screened if it remains on the marine railway. A boathouse at the landward end of a marine railway, above the OHWM, is allowed in conjunction with a marine railway subject to the general regulations of this SMP.

J. Regulations – Mooring Buoys.

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

2. Mooring buoys shall be installed so as not to interfere with or obstruct legally existing piers, docks, floats, or other buoys.

K. Regulations by Environment.

1. Urban. Marinas, marine railways, docks, and boat launches shall be permitted in the urban environment subject to the policies and regulations of this SMP.

2. Rural. Same as urban.

3. Rural Residential and Rural Farm-Forest. Boat launches, marine railways, and boathouses associated with them may be allowed as conditional uses only. Other boating facilities serving single-family residences, and community docks, shall be permitted in these environments subject to the policies and regulations of this SMP. Marinas shall not be permitted; however, the expansion or alteration of a marina legally established prior to the effective date of this code may be allowed subject to the policies and regulations of this SMP.

4. Conservancy. Boat launches, marine railways, and boathouses associated with them, may be allowed as conditional uses only. Other boating facilities serving single-family residences and community docks shall be permitted in these environments subject to the policies and regulations of this SMP. Marinas shall not be permitted.

5. Natural. Marinas, boat launches, docks, boathouses, and marine railways are prohibited in the natural environment.

6. Aquatic. Marina facilities, docks, and boat launches which are shoreline dependent shall be permitted in the aquatic environment subject to the policies and regulations of this SMP and to the regulations by environment applicable to the abutting shoreline area. Where a proposed boating facility abuts more than one shoreline environment, the policies and regulations of the most restrictive abutting environment shall govern.

7. Eastsound Urban. Boating facilities shall be allowed only in accordance with moorage facility provisions specified in an adopted public access plan for public access purposes.

8. Eastsound Marina District. Boating facilities other than marina-related uses are allowed only within the marina waterway.

9. Eastsound Residential, Eastsound Conservancy, and Eastsound Natural. Boating facilities are prohibited.

10. Shaw Rural. Same as urban, unless specified otherwise in the Shaw Island Subarea Plan.

11. Shaw Rural Farm-Forest. Same as rural farm-forest, unless specified otherwise in the Shaw Island Subarea Plan.

12. Shaw Conservancy. Same as conservancy.

13. Shaw Natural. Same as natural. (Ord. 7-2005 § 13; Ord. 12-2000 § 2; Res. 145-1998; Ord. 2-1998 Exh. B § 5.5.4)

18.50.200 Breakwaters, jetties, and groins.

A. Regulations.

1. Breakwaters shall conform to all design requirements established by the State Department of Fish and Wildlife and the U.S. Army Corps of Engineers.

2. Breakwaters shall be designed and constructed in a manner which will prevent detrimental impacts on the circulation of water, the movement of sand, and on aquatic life. The design shall also be such that impediments to navigation and to visual access from the shoreline shall be minimized.

3. Public breakwaters shall be designed to permit pedestrian use of their surfaces where safe and feasible.

4. Applications for breakwater permits shall include at least the following information:

a. The purpose of the breakwater;

b. Direction of net longshore drift, when appropriate;

c. Direction of prevailing winds and strongest tidal current;

d. Proposed construction materials; and

e. Proposed method of construction.

5. Jetties and groins may be permitted only as shoreline conditional uses.

6. Applications for substantial development permits for jetties and groins shall include at least the following information:

a. Purpose of proposed project;

b. Proposed type of construction;

c. Proposed method of construction;

d. Direction of net longshore drift (jetties only);

e. Source and normal destination of material to be trapped (groins only);

f. Proposed beach feeding procedures (where appropriate); and

g. Source and composition of materials to be used for feeding (where appropriate).

B. Regulations by Environment.

1. Urban. Breakwaters, jetties, and groins shall be permitted in the urban environment subject to the policies and regulations of this SMP.

2. Rural. Same as urban.

3. Rural Residential and Rural Farm-Forest. Same as urban.

4. Conservancy. Floating breakwaters may be permitted in the conservancy environment if they can be made visually compatible with their surroundings. Rigid breakwaters shall be allowed only as a shoreline conditional use. Jetties and groins shall be prohibited.

5. Natural. Breakwaters, jetties, and groins are prohibited in the natural environment.

6. Aquatic. Breakwaters shall be permitted in the aquatic environment subject to the policies and regulations of this SMP and to the regulations by environment applicable to the abutting shoreline area. Where the proposed breakwater site abuts more than one shoreline environment, the policies and regulations of the most restrictive abutting environment shall govern.

7. Eastsound Urban, Eastsound Residential, Eastsound Conservancy, and Eastsound Natural. Breakwaters, jetties, and groins are prohibited.

8. Eastsound Marina District. Breakwaters, jetties, and groins are prohibited; however, this shall not preclude the maintenance, expansion or extension of the existing marina basin retaining walls and groins.

9. Shaw Rural and Shaw Rural Farm-Forest. Same as urban.

10. Shaw Conservancy. Same as conservancy.

11. Shaw Natural. Same as natural. (Ord. 2-1998 Exh. B § 5.5.5)

18.50.210 Bulkheads.

A. Regulations.

1. No bulkhead to protect a single-family residence or appurtenant structures shall be constructed until the County has reviewed the proposed construction and determined that the project is or is not exempt from the shoreline permit requirements and is consistent with the policies of the SMA and this SMP.

2. Nonexempt bulkheads shall be permitted only when nonstructural shoreline protection, restoration, or modification techniques have been shown to be ineffective and it can be shown that one or more of the following conditions exists:

a. Serious erosion is threatening an established use on the adjacent uplands;

b. A bulkhead is needed and is the most reasonable method of stabilizing an existing beach condition;

c. There is a demonstrated need for a bulkhead in connection with water-dependent or water-related commerce or industry in an appropriate environment; or

d. A bulkhead is the most desirable method for stabilizing a landfill permitted under this master program.

3. Bulkheads shall not be permitted in conjunction with new projects or development when practical alternatives are available.

4. Bulkheads shall be permitted on marine feeder bluffs only where (a) a clear and significant danger to established development exists and (b) there is reasonable cause to believe that the bulkhead will in fact arrest the bluff recession and will not seriously disrupt the feeder action or the driftway.

5. Bulkheads constructed on Class I marine beaches shall be located behind the berm.

6. All bulkheads shall conform to the design requirements of the Washington Department of Fish and Wildlife, except where such design would be incompatible with protection of the shore process corridor and operating systems.

7. Applications for bulkhead permits shall include at least the following information:

a. Purpose of proposed bulkhead;

b. Low, normal, and high elevations, when appropriate;

c. Direction of net longshore drift, when appropriate;

d. Type of construction proposed; and

e. Elevation of the toe and crest of the proposed bulkhead with respect to water levels.

8. Bulkheads shall be prohibited for any purpose if it will cause significant erosion or beach starvation.

B. Regulations by Environment.

1. Urban. Bulkheads shall be permitted in the urban environment subject to the policies and regulations of this SMP.

2. Rural. Same as urban.

3. Rural Residential and Rural Farm-Forest. Same as urban.

4. Conservancy. Bulkheads may be permitted in the conservancy environment on marine shorelines subject to the policies and regulations of this SMP but shall not be allowed on freshwater shorelines.

5. Natural. Bulkheads are prohibited in the natural environment.

6. Aquatic. Bulkheads shall be permitted in the aquatic environment subject to terms under which bulkheads may be allowed in the abutting shoreline environment and to the policies and regulations of this SMP; provided, that a location landward of the OHWM is not feasible. Where permitting in the aquatic environment, bulkheads shall be constructed as close to the OHWM as possible.

7. Eastsound Urban. Bulkheads shall be permitted in the Eastsound urban environment subject to the provision that, for properties (cf. SJCC 16.55.210(E)(2)(d) within the geographic scope of the Eastsound Waterfront Access Plan (Resolution 29-1996), new and existing bulkheads are recognized as allowable and may be newly constructed, repaired, maintained, or reconstructed in their present locations or seaward of the OHWM, subject to the regulations and permit requirements of this code.

8. Eastsound Residential and Eastsound Marina District. Same as urban.

9. Eastsound Conservancy. Same as conservancy.

10. Eastsound Natural. Same as natural.

11. Shaw Rural and Shaw Rural Farm-Forest. Same as urban.

12. Shaw Conservancy. Same as conservancy.

13. Shaw Natural. Same as natural. (Ord. 2-1998 Exh. B § 5.5.6)

18.50.220 Commercial development.

A. General Regulations.

1. Applications for commercial development shall include a detailed statement explaining the nature and intensity of the water dependency or orientation of the proposed activity. Such statement shall include at least the following:

a. Nature of the commercial activity;

b. Need for shoreline frontage;

c. Proposed measures to enhance the relationship of the activity to the shoreline; and

d. Proposed provision for public visual or physical access to the shoreline.

2. Commercial resorts and campgrounds shall provide adequate access to water areas for their patrons and adequate on‑site recreation facilities so that such resorts and campgrounds will not be dependent on nor place undue burdens on public recreational facilities.

3. The draining or filling of water bodies or natural wetlands for commercial developments shall not be permitted except as a conditional use.

4. Only those commercial uses which are water-dependent, such as boat fueling stations, shall be permitted to be located over the water.

5. All structures shall be set back a safe distance behind the tops of feeder bluffs.

6. Parking areas associated with commercial developments shall be subject to the policies and regulations of SJCC 18.20.090, Parking, and 18.50.340, Transportation facilities.

7. Ports and marinas shall be equipped to contain and clean up oil, gasoline, and other polluting spills.

8. Drainage and surface runoff from commercial areas shall be controlled so that pollutants will not be carried into water bodies.

9. Signs associated with commercial developments shall comply with the policies and general regulations of SJCC 18.40.370 through 18.40.400 and SJCC 18.50.120.

10. The processing of agricultural and aquacultural products for sale constitutes commercial or industrial development, as determined by the administrator. Provisions for the sale of such products constitutes commercial development.

B. Regulations by Environment.

1. Urban. Commercial development shall be permitted in the urban environment subject to the policies and regulations of this SMP. Except as provided for in subsection (A)(4) of this section, commercial structures and facilities shall be set back at least 50 feet from the OHWM unless otherwise provided for by conditional use.

2. Rural. Commercial development which will not significantly alter the character of the area shall be permitted in the rural environment only by conditional use and subject to the policies and regulations contained in this SMP. Such development would include, but not necessarily be limited to, farm produce sales, activities directly related to the commercial fishing industry, small campgrounds, and other low intensity recreational facilities. All other commercial development shall be permitted by conditional use only. Except as provided for in subsection (A)(4) of this section, all commercial structures and facilities shall be set back at least 100 feet from the OHWM unless otherwise provided for by conditional use.

3. Rural Residential and Rural Farm-Forest. Commercial development is prohibited, except that the alteration, modification or expansion of small resorts, camps or commercial facilities associated with a commercial marina, lawfully existing prior to the effective date of this code, may be allowed subject to the policies and regulations of this SMP.

4. Conservancy.

a. Commercial development which is of a low intensity, recreational nature and which will not significantly alter the character of the area shall be permitted in the conservancy environment subject to the policies and regulations contained in this master program. Other low intensity commercial uses may be permitted as conditional uses.

b. Any commercial structure permitted in a conservancy environment shall be set back at least 100 feet from the OHWM; provided, that structures which are shoreline dependent may be exempted from this provision.

5. Natural. Commercial development shall not be permitted in the natural environment.

6. Aquatic. Commercial development of a shoreline dependent nature shall be permitted in the aquatic environment subject to the policies and regulations of this code and to the regulations by environment applicable SMP to the abutting upland area. Where the proposed commercial development site abuts more than one upland environment the policies and regulations of the most restrictive abutting environment shall govern.

7. Eastsound Urban. Same as urban, except as provided for in the Eastsound Waterfront Access Plan (EWAP), (Resolution 29-1996) Figure 130-6, commercial structures and facilities shall adhere to the setbacks and building envelopes provided for in the waterfront access plan. All existing uses and structures subject to the EWAP are deemed conforming development because of the physical and visual access provided through the EWAP, pursuant to SJCC 18.50.100. All allowable uses listed in the village commercial designation of the Eastsound Subarea Plan are permitted within this designation, in accordance with the terms of the EWAP.

8. Eastsound Residential. The only commercial uses allowed within the Eastsound residential shoreline environment shall be limited to those uses listed as allowable uses in the Eastsound residential one-half and two acre district, SJCC 16.55.240(2), subject to the policies and regulations of this SMP. Other commercial uses shall be prohibited.

9. Eastsound Marina District. Same as urban; provided, that new commercial uses which are not water-dependent or water-related should plan for appropriate public access to the shoreline. Otherwise allowable uses are not required to grant public access as a condition of any permit approval.

10. Eastsound Conservancy. Same as conservancy; provided, that the use(s) proposed are also allowable uses under the adjoining upland designation(s) established in the Eastsound Subarea Plan, Chapter 16.55 SJCC.

11. Eastsound Natural. Same as natural.

12. Shaw Rural. The following uses shall be prohibited: commercial recreational facilities; commercial transient accommodations by themselves or in combination with any other commercial use; food service facilities; and transient moorage facilities.

The County park is not a commercial use. Any expansion, modification, or intensification of the County park shall be subject to the applicable provisions and permit requirements of this SMP and the Shaw Island Subarea Plan.

Commercial development not otherwise prohibited shall be permitted subject to the policies and regulations of this SMP and the Shaw Island Subarea Plan, unless otherwise provided for by conditional use. Only allowable water-dependent uses may be located within 200 feet of the OHWM unless otherwise authorized by conditional use.

13. Shaw Rural Farm-Forest. Same as Shaw rural.

14. Shaw Conservancy. Same as Shaw rural farm-forest, except that commercial structures and facilities shall be set back at least 100 feet from the OHWM except as provided for in subsection (A)(4) of this section, or unless otherwise provided for by conditional use.

15. Shaw Natural. Commercial development shall not be permitted in the Shaw natural environment. (Ord. 21-2002 § 6; Ord. 2-1998 Exh. B § 5.5.7)

18.50.230 Dredging.

A. Regulations.

1. Dredging may be permitted only for the following purposes and only where other alternatives are impractical;

a. To improve water quality or aquatic habitat;

b.To maintain or improve navigability or water flow;

c. To mitigate conditions which could endanger public safety; or

d. To create or improve public recreational opportunities.

2. All dredge spoils shall be deposited at spoils deposit sites which are consistent with the policies and regulations of this master program.

3. Applications for substantial development permits for dredging shall include at least the following information:

a. Location, size, and physical characteristics of the proposed dredging site;

b. Information regarding the stability of bedlands adjacent to the proposed dredging site;

c. Total initial spoils volume;

d. Location, size, capacity, and physical characteristics of the proposed spoils disposal area;

e. Frequency and volume of anticipated maintenance dredging; and

f. Plan for disposal of maintenance spoils for the life of the project or a period of 25 years, whichever is shorter.

B. Regulations by Environment.

1. Urban. Dredging and spoils disposal shall be permitted in the urban environment subject to the policies and regulations of this SMP.

2. Rural, Rural Residential, and Rural Farm-Forest. Dredging shall be permitted in these environments subject to the policies and regulations of this SMP. Spoils disposal sites shall be permitted only if it can be shown that the disposal site will ultimately be used for an activity permitted in the affected environment.

3. Conservancy. Dredging within the conservancy environment shall be limited to maintenance of existing navigation channels and facilities. Spoils disposal shall be limited to existing sites designated by the Department of Natural Resources.

4. Natural. Dredging and spoils disposal shall be prohibited in the natural environment.

5. Aquatic. Dredging shall be permitted in the aquatic environment subject to the policies and regulations of this SMP and to the regulations by environment for the abutting shoreline area. Where the proposed site abuts more than one shoreline environment, the policies and regulations of the most restrictive abutting environment shall govern. Spoils disposal is prohibited in the aquatic environment.

6. Eastsound Urban and Eastsound Marina District. Dredging shall be allowed in these environments only if the applicant demonstrates that dredging is necessary to maintain or improve public recreational facilities or to protect public safety.

7. Eastsound Residential. Dredging is prohibited; provided, that dredging which is necessary to establish a small boat launch ramp may be allowed if associated with a public waterfront park. Spoils disposal is prohibited.

8. Eastsound Conservancy and Eastsound Natural. Dredging and spoils disposal is prohibited in these environments.

9. Shaw Rural and Shaw Rural Farm-Forest. Same as rural.

10. Shaw Conservancy. Same as conservancy.

11. Shaw Natural. Same as natural. (Ord. 2-1998 Exh. B § 5.5.8)

18.50.240 Forest management.

A. General Regulations.

1. Any commercial logging permitted on shorelines shall comply with the regulations contained in the Washington State Forest Practices Act, Chapter 76.09 RCW; provided, that the following regulations shall also apply.

2. When a logging project involves drilling, dredging, dumping, filling, removal of sand or gravel, bulkheading, or significant construction, all or part of which would be located within 200 feet of the ordinary high water mark, a substantial development permit is required.

3. A logging project which includes construction of roads, bridges, trails, or loading facilities would potentially require a substantial development permit if it involves any of the activities noted in subsection (A)(2) of this section.

4. No more than 30 percent of merchantable timber may be harvested within 200 feet of the ordinary high water mark within any 10-year period. Harvesting shall not be allowed within 75 feet of the OHWM; provided, that merchantable timber within this protected area may be included in the 30 percent calculation for the shoreline area. Clearcutting on shorelines shall not be permitted unless specifically allowed by an approved Class IV General forest practices permit.

5. All roads and trails must be fitted to the existing topography so that the need to alter natural features will be minimized. Steep or unstable areas, regulated wetlands, and natural drainageways must be avoided.

6. All road surfaces must be constructed to the minimum width required to accommodate the anticipated use.

7. Unnecessary road construction and drainageway crossings must be minimized by making all possible use of existing roads. Where roads pass through land in another ownership, but would otherwise adequately serve the proposed operation, the applicant must attempt to secure the right to use the existing road before proposing the construction of a new road.

8. Road cuts and fills must be balanced or waste or borrow areas must be located where erosion will not present a problem. Cuts and fills must be constructed at or below the normal angle of repose for the material being cut or used for fill. Fill slopes must not obstruct drainageways and shall be properly compacted.

9. Where culverts must be installed, they shall be adequate in size and design to carry the anticipated peak flow and shall be kept free of obstructions.

10. Road drainage, regardless of the method of collection, must be directed onto the forest or woodlot floor in a manner which will permit the accumulated sediment to settle and be deposited before the water reaches any marine or freshwater body.

11. Drainageways must be cleared of all debris generated during road construction or maintenance which might interfere with normal drainage or adversely affect water quality.

12. Road construction must be undertaken during that portion of the year when soil erosion does not pose a serious problem. When this is not practical, acceptable measures for the prevention of erosion shall be taken.

13. Roads must be maintained sufficiently to ensure the proper functioning of the drainage system throughout the active use of the road. When active use is to be discontinued, the road shall be left in a condition which will provide for adequate drainage and soil stability without continuous active maintenance.

14. Within study areas one through 12 of the San Juan County Inventory of Natural Areas, forest practices not exempted from the Shoreline Management Act under Chapter 76.09 RCW may be permitted only as conditional uses.

15. Soil stabilization and water quality maintenance along seasonal waterways and other significant drainageways must be provided for by leaving buffer strips of ground vegetation and nonmerchantable timber along such watercourses. Where insufficient nonmerchantable timber exists to maintain an effective buffer zone, an adequate fringe of merchantable timber must be left undisturbed. Where it is impractical to leave buffer strips of either merchantable or nonmerchantable timber along watercourses, a plan to reestablish adequate cover must be approved by the County.

16. Logging and log dumping is not permitted on or immediately above feeder bluffs.

17. Trees shall be felled, bucked, and limbed so that no part of any tree shall be deposited into or across any watercourse. If any timber or debris should enter the watercourse as a result of the logging activity, it shall be removed immediately in a manner which will disturb the watercourse as little as possible.

18. Tractor skids must be located carefully and drained adequately so that sediment will be kept out of watercourses and water bodies. Tractor yarding is prohibited on unstable slopes and on slopes in excess of 30 percent. Cable yarding through watercourses is prohibited.

19. Timber harvesting is prohibited on slopes where significant erosion and sedimentation would be precipitated unless a plan for adequate and prompt erosion control and restoration is approved by the County.

20. All nonorganic waste materials resulting from the logging operations, such as grease and oil containers, and machine parts, must be disposed of in a proper off-site location immediately following termination of the harvesting operations. At no time may such waste materials be disposed of in watercourses or water bodies.

21. Conversion option harvest plan (COHP) forest practices are not permitted in the shoreline.

22. Timber harvest in areas of exposed bedrock along shorelines, and in other areas of high visual value and sensitivity, as identified in the Open Space and Conservation Plan or SJCC 18.30.110, shall be avoided where possible.

B. Regulations by Environment.

1. Urban. Forest management practices shall be permitted in the urban environment only as a conditional use.

2. Rural and Rural Residential. Same as urban.

3. Rural Farm-Forest. Forest management practices shall be permitted in the rural environments subject to the policies and regulations contained in this SMP.

4. Conservancy. Same as rural farm-forest.

5. Natural. Forest management practices are permitted in the natural environment only when no other means of control will work to control a fire, halt the spread of disease or damaging insects, or to clean up and restore an area devastated by a natural disaster such as fire, storm, disease, or insect attack. No roads may be constructed except those which are absolutely necessary to cope with the emergency situation.

6. Aquatic. Forest management practices are prohibited in the aquatic environment.

7. Eastsound Urban, Eastsound Residential, Eastsound Marina District and Eastsound Conservancy. Same as urban.

8. Eastsound Natural. Same as natural.

9. Shaw Rural, Shaw Rural Farm-Forest and Shaw Conservancy. Same as rural farm-forest unless otherwise specified in the Shaw Island Subarea Plan.

10. Shaw Natural. Same as natural. (Ord. 7-2005 § 14; Ord. 2-1998 Exh. B § 5.5.9)

18.50.250 Industrial development.

A. General Regulations.

1. Non-water-oriented industry is prohibited in all environments.

2. Proposed industrial developments must be consistent with any applicable comprehensive waterfront or subarea plans.

3. Only water-dependent and water-related industries are permitted within the shoreline jurisdiction. They must be consistent with or compatible with existing use of neighboring shoreline areas.

4. Accessory development which does not require a shoreline location must be located upland of the water-dependent portions of the development and setback from the OHWM. This category of development includes parking, warehousing, open air storage, waste storage and treatment, storm runoff control facilities, utilities, and land transportation.

5. Existing industrial development on shorelines which is neither water-dependent nor water-related may be permitted as a conditional use to expand inland from existing structures but not parallel to or waterward of the OHWM. Waterward expansion of existing non-water-oriented industry is prohibited.

6. Water-dependent industry must be located and designed to minimize the need for initial or continual dredging, filling, dredge material disposal, and other harbor and channel maintenance activities.

7. Storage or disposal of industrial wastes is prohibited within the shoreline jurisdiction.

8. At new or expanded industrial developments, the best available facilities practices and procedures must be employed for the safe handling of fuels and toxic or hazardous materials to prevent them from entering the water. Optimum means must be employed for prompt and effective clean-up of any spills that occur.

9. All exterior lighting must be designed and operated to minimize glare impacts to nearby properties and local traffic.

10. The use of County shorelines for the processing of oil or for the handling of oil and oil products for other than local consumption shall be prohibited.

11. The installation of underwater cross-sound oil pipelines and over-water facilities for the refining of oil shall be prohibited.

B. Regulations by Environment.

1. Urban. Water-dependent and water-related industrial uses may be permitted in the urban environment, subject to the policies and regulations contained in this SMP.

2. Rural. Water-dependent and water-related industrial uses may be permitted as conditional uses in the rural environment, subject to the policies and regulations contained in this SMP.

3. Rural Residential, Conservancy and Natural. Industrial uses are prohibited in these environments.

4. Rural Farm-Forest. Industrial uses other t

Chapter 18.50 SHORELINE MASTER PROGRAM

18.50.010 General.

18.50.020 General applicability.

18.50.030 Definitions.

18.50.040 Administration.

18.50.050 Archaeological and historic resources.

18.50.060 Clearing and grading.

18.50.070 Environmental impacts.

18.50.080 Environmentally sensitive areas.

and activities must be located, designed, constructed, and managed in accordance with the applicable requirements of SJCC 18.30.110 through 18.30.160, environmentally sensitive areas. (Ord. 2-1998 Exh. B § 5.4.5)

18.50.090 Parking.

18.50.100 Public access.

18.50.110 Shorelines of statewide significance.

18.50.120 Signs.

18.50.130 Vegetation management.

18.50.140 View protection.

18.50.150 Water quality.

18.50.160 General.

18.50.170 Agriculture.

18.50.180 Aquaculture.

18.50.190 Boating facilities (including docks, piers, and recreational floats).

18.50.200 Breakwaters, jetties, and groins.

18.50.210 Bulkheads.

18.50.220 Commercial development.

18.50.230 Dredging.

18.50.240 Forest management.

18.50.250 Industrial development.

Chapter 18.50
SHORELINE MASTER PROGRAM