14.50.560.02 Regulations | Aberdeen Municipal Code

14.50.560.02 Regulations.

1. New boating and water access facilities shall maintain the rights of navigation on the waters of the state.

2. Boating and other water access facilities shall be sited and designed to ensure no net loss of shoreline ecological functions.

3. Boating and other water access facilities shall meet the Washington State Department of Natural Resources (WDNR) requirements and other state guidance if located in or over state-owned aquatic lands.

4. Boating and water access facilities shall be located where:

a. There is adequate water mixing and flushing;

b. Such facilities will not adversely affect flood channel capacity or otherwise create a flood hazard;

c. Water depths are adequate to minimize spoil disposal, filling, beach enhancement and other channel maintenance activities; and

d. Water depths are adequate to prevent the facility from grounding out at the lowest low water or the facility includes stoppers to prevent grounding.

5. Boating and water access facilities shall not be located:

a. Along braided or meandering river channels where the channel is subject to change in alignment;

b. On point bars or other accretion beaches;

c. Where new dredging or new ongoing maintenance dredging will be required solely for creating a new facility. This requirement does not prohibit the siting of new boating facilities in locations where maintenance dredging activities occur to support another existing use;

d. In areas with important habitat for aquatic species or where wave action caused by boating use would increase bank erosion rates; or

e. In areas where it would be incompatible with the need to protect the public health, safety and welfare.

6. Boating and water access facilities shall be designed to ensure that lawfully existing or planned public shoreline access is not blocked, obstructed, or made dangerous.

7. Major boating and water access facilities, such as marinas, shall be located only where adequate utility services are available or can be provided concurrently.

1. Boating and water access facilities shall be designed and operated to avoid or minimize impacts. Unavoidable impacts must be mitigated consistent with the mitigation sequence in Section 14.50.420 and critical areas in Section 14.50.430.

2. All boating and water access facilities and shoreline modifications to support these uses shall be the minimum size necessary to accommodate the anticipated demand for the facility.

3. Boating and water access facilities shall be designed to provide physical or visual public access to the shoreline for as many water-oriented recreational uses as feasible, commensurate with the scale of the proposal, including, but not limited to, physical and visual access to water bodies, public piers or fishing platforms.

4. Project applicants shall comply with all local and state policies and regulations, including all applicable health, safety and welfare requirements associated with the primary or accessory use. These standards include but are not limited to the WDNR and the WDFW standards and regulations including Hydraulic Code Rules (Chapter 220-660 WAC).

5. All boating or water access facilities shall be constructed and maintained in a safe condition. Abandoned or unsafe boating or water access facilities shall be removed or repaired promptly by the owner.

6. Wooden components of boating or water access facilities that will be in contact with water or installed over water shall not be treated or coated with herbicides, fungicides, paint, pentachlorophenol, arsenate, creosote or similar toxic substances. Boating or water access facilities shall be made out of materials that have been approved by applicable state and federal agencies.

7. Lighting associated with boating or water access facilities shall be shielded to avoid causing glare on adjacent properties or water bodies. Illumination levels shall be the minimum necessary for safety.

8. Boating or water access facilities must be limited to day moorage only. No live-aboard vessels or floating homes are allowed.

9. Non-water-dependent elements and uses, such as decks and gazebos built on docks or piers, are not allowed.

10. Upland boat storage may be allowed within the shoreline jurisdiction provided impermeable surface limitations and other standards are met, mitigation sequencing is followed and impacts can be mitigated to achieve no net loss.

1. New boat ramps and launches shall follow BMPs and the standards in WAC 220-660-150 to avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.

2. Only joint-use new boat ramps and launches are allowed for new residential development or subdivisions of two (2) or more waterfront dwellings occurring after the effective date of this SMP.

3. Boat ramps and launches may be permitted for boating and water access facilities, recreational uses and developments with more than four (4) residential units subject to Table 5-1: Permitted, Conditional and Prohibited Uses.

4. Boat ramps and launches shall be sited to minimize impacts to aquatic and upland wildlife habitats, native emergent vegetation, fluvial processes, water quality and navigation. All facilities shall be sited and designed per required mitigation sequencing.

5. Boat ramps and launches shall be located where water depths are adequate to eliminate or minimize the need for dredging, filling, beach enhancement or other maintenance activities.

6. The design of boat ramps and launches shall comply with all regulations as stipulated by state and federal agencies, affected tribes or other agencies with jurisdiction.

7. The applicant shall demonstrate that the proposed length of a boat ramp or launch is the minimum necessary to launch the intended craft safely.

8. Boat ramps and launches shall be designed and be constructed using methods and technology recognized and approved by state and federal resource agencies as BMPs.

1. Boat launching rails may be permitted subject to the requirements of Table 5-1: Permitted, Conditional and Prohibited Uses.

2. The applicant shall demonstrate that the proposed length of the boat launching rail is the minimum necessary to launch the intended craft safely and to comply with all requirements established by state and federal agencies, affected tribes and other agencies with jurisdiction. In no case shall the rail extend beyond the point where the water depth is eight (8) feet below the OHWM.

3. Boat launching rails shall be anchored to the ground with the use of tie-type construction.

4. No more than one (1) boat launching rail per single-family residence or duplex is permitted.

1. New boat lifts and canopies shall follow BMPs and the standards in WAC 220-660-140 to avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.

2. New boat lifts and accessory boat lift canopies may be permitted as part of an approved dock or pier as specified in Table 5-1: Permitted, Conditional and Prohibited Uses, so long as the following requirements are met:

a. The boat lift is placed as far waterward of the OHWM as is feasible and safe, to avoid impacts to nearshore habitat.

b. The bottom of a boat lift canopy is elevated above the boat lift to the maximum extent feasible. The lowest edge of the canopy must be at least four (4) feet above the water surface and the top of the canopy must not extend more than seven (7) feet above an associated pier.

c. No hydraulic fluid other than water shall be used in the boat lift system. A backflow protection may be required.

3. A maximum of two (2) cubic yards of clean rock fill or pre-cast concrete blocks is permitted to anchor the boat lift if the substrate prevents the use of anchoring devices.

4. One (1) boat lift or up to two (2) Jet Ski lifts are allowed per dock or pier.

1. New docks and piers shall follow BMPs and the standards in WAC 220-660-140 to avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.

2. New docks and piers shall be allowed only for public access and water-dependent uses, including single-family residences, so long as the dock or pier complies with the regulations contained in this section. Docks and piers shall meet the following standards:

a. Docks and piers serving a single-family residence are defined as water-dependent accessory uses when designed and intended as a facility for access to watercraft. To be authorized, the residential use and the accessory dock or pier must be allowed in the underlying upland shoreline environment designation.

b. New docks and piers that are not accessory to single-family residences shall be permitted only when they are intended for public use or when the applicant demonstrates that the new dock or pier supports a water-dependent use.

c. No more than one (1) dock or pier is permitted for each single-family residence existing as of the effective date of this SMP.

d. No more than one (1) pier, dock or other moorage structure is allowed for a water-dependent commercial use or a multifamily development.

3. When individual lots have less than fifty (50) feet of water frontage, a joint-use dock or pier that is shared with neighboring properties shall be required; provided, that an individual dock may be allowed subject to the requirements of Table 5-1: Permitted, Conditional and Prohibited Uses, when lots on either side of the subject lot have legal preexisting docks or piers and the applicant demonstrates to the satisfaction of the shoreline administrator that a shared use agreement is not feasible. In this case, only, a lot with less than fifty (50) feet of minimum shoreline frontage may be permitted an individual dock or pier.

4. The maximum dimensions of a dock or pier shall meet the following development standards. An explanation of why the dock or pier length was chosen shall be submitted with the application.

a. Residential docks and piers shall be no greater than the widths allowed for HPA permits in WAC 220-660-140(3) and shall not exceed fifty (50) feet beyond the OHWM.

b. Docks and piers for commercial, recreational or public access use may be up to ten (10) feet in width and shall not exceed two hundred (200) feet beyond the OHWM.

c. Docks and piers shall be set back a minimum of ten (10) feet from side property lines. Provided, that joint-use facilities may be located closer to or upon a side property line when agreed to by contract or covenant with the owners of the affected properties. A copy of such agreement shall be recorded with the Grays Harbor County Auditor and filed with the shoreline permit application.

d. Proposed docks and piers that do not comply with the dimensional standards above may only be approved if they obtain a shoreline variance. Pursuant to WAC 173-27-040(2)(b), any existing legal nonconforming dock or pier may be repaired or restored to its original size, dimension and location without the need for a variance, if it is below the replacement thresholds found in subsection (K)(1) of this section. Projects undertaken pursuant to this section must be permitted within two (2) years of removal of the preexisting, nonconforming structure.

1. New marinas shall follow BMPs and the standards in WAC 220-660-140 to avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.

2. Marinas shall be designed to:

a. Provide thorough flushing of all enclosed water areas;

b. Allow the free movement of aquatic life in shallow water areas; and

c. Avoid and minimize any interference with geohydraulic processes and disruption of existing shore forms.

3. New marinas shall provide public access amenities such as viewpoints, interpretive displays and public access to water-enjoyment uses such as restaurants.

4. Marinas shall have adequate facilities and procedures for fuel handling and storage and the containment, recovery and mitigation of spilled petroleum, sewage and other potentially harmful or hazardous materials and toxic products.

5. Sufficient utility services must be provided concurrent with the marina development or be situated where they are already available. New marinas must include adequate restroom and sewage disposal facilities, such as pump out, holding or treatment facilities.

6. The marina operator shall be responsible for the collection and dumping of sewage, solid waste and petroleum waste.

1. New moorage covers may be permitted as a shoreline conditional use in the locations specified in Table 5-1: Permitted, Conditional and Prohibited Uses, if the proposal addresses the following:

a. The applicant demonstrates that the moorage cover is the minimum size necessary to provide for the water-dependent use;

b. The moorage cover does not create any potential adverse impacts to public safety;

c. The moorage cover is placed as far waterward of the OHWM as feasible and safe, within the limits of the dimensional standards for docks and piers (except for dock and pier width) established in this section;

d. There is only one (1) moorage cover per dock or pier, including joint-use docks or piers; and

e. The moorage cover complies with all other conditional use criteria in WAC 173-27-160 and Section 14.50.730.02.

1. New mooring buoys shall follow BMPs and the standards in WAC 220-660-140 to avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.

2. Up to one (1) mooring buoy is allowed per dwelling unit in lieu of a dock or pier.

3. Mooring buoys shall be anchored in accordance with all state and federal requirements.

1. New recreational floats shall follow BMPs and the standards in WAC 220-660-140 to avoid impacts to shoreline ecological functions, such as effects to nearshore habitat.

2. New recreational floats may be permitted as specified in Table 5-1: Permitted, Conditional and Prohibited Uses, so long as the following requirements are met:

a. The recreational float complies with all requirements established by state and federal agencies, affected tribes and other agencies that have jurisdiction.

b. The recreational float is located as close to the shore as feasible and no farther waterward than the existing floats and established swimming areas.

3. Recreational floats shall be designed and intended for swimming or other nonmotorized uses.

4. Recreational floats must be built so that the deck surface is one (1) foot above the water’s surface.

5. Retrieval lines for recreational floats shall not float at or near the surface of the water.

1. Replacement. If any of the following are proposed, the project is considered a new boating and water access facility and must be designed consistent with any applicable standards for new boating and water access facilities:

a. Replacement of the entire over-water boating and water access facility;

b. Replacement of seventy-five (75) percent or more of support piles on a cumulative basis over the life of the piles; or

c. Replacement of seventy-five (75) percent or more of a boat launch on a cumulative basis over the life of the boat launch.

a. Applicants must demonstrate that there is a need for modification or enlargement due to increased or changed use or demand, safety concerns or inadequate depth of water.

b. Enlarged portions of boating and water access facilities must comply with any applicable design and mitigation standards for new facilities.

a. Repairs to existing legally established boating and water access facilities that fall below the standards identified in subsection (K)(1) of this section are permitted consistent with all other applicable codes and regulations.

b. All repairs must utilize any material standards specified for new facilities.

1. New or expanded boating and water access facilities should follow the mitigation sequence in Section 14.50.420.

2. Compensatory mitigation proposals must provide mitigation at a minimum 1:1 ratio, by area, of new over-water cover to mitigation action using one (1) or more of the potential mitigation measures listed below. The ratio should be increased if the measure will take more than one (1) year to provide equivalent function or if the measure does not have a high success rate, as determined by a qualified professional.

3. For new development and expansion of existing boating and water access facilities, appropriate compensatory mitigation may include items including, but not limited to, one (1) or more of the following measures:

a. Removal of any legal existing over-water or in-water structures that are not the subject of the application or otherwise required to be removed;

b. Removal or ecological improvement of hardened shoreline, including existing launch ramps or structural shoreline stabilization;

c. Removal of manmade debris waterward of the OHWM, such as car bodies, oil drums, concrete or asphalt debris, remnant docks or other material detrimental to ecological functions and ecosystem-wide processes; or

d. Planting of native vegetation along the shoreline immediately landward of the OHWM consisting of a density and composition of trees and shrubs typically found in undisturbed areas adjacent to the subject water body.

4. In-kind measures are preferred over out-of-kind measures when consistent with the objective of compensating for adverse impacts to ecological function.

M. Application Requirements. In addition to the general application requirements, the following submittals, as applicable, are necessary for all new or expanded boating and water access facilities:

1. A description of the proposed boating and water access facility, including its size, location, design and any shoreline stabilization or other modification measures.

2. The ownership of the property and aquatic lands.

3. Habitat surveys and critical area studies consistent with Sections 14.50.430 and 14.50.910, Appendix 2: Critical areas regulations.

4. Assessment of potential impacts to existing ecological processes, including but not limited to sediment transport, hydrologic patterns and vegetation disturbance.

5. A mitigation plan for unavoidable adverse impacts to ecological functions or processes pursuant to Sections 14.50.430 and 14.50.910, Appendix 2: Critical areas regulations.

6. A slope bathymetry map when deemed beneficial by the shoreline administrator.

7. An assessment of existing water-dependent uses in the vicinity and documentation of potential impacts to those uses and mitigating measures.

8. In addition, applicants must provide an assessment of need and demand for all new or expanded marina facilities, including, but not limited to:

a. Existing approved facilities or pending applications, within the service range of the proposed new facility;

b. The expected service population served by the facility; and

c. Boat ownership characteristics of the population, if that information supports justification for specific design elements related to facility length or width or necessary water depth or other design factors.