Chapter 22.28 USE ACTIVITIES

The Shoreline Management Act Final Guidelines have established sets of shoreline use activities which are to be included within local government shoreline master programs. These use-activity categories consist of specific uses or groups of similar uses which are characteristic of the shoreline corridor. They have been formulated as implementing tools to assist in carrying out the intent and policy of this master program and the Shoreline Management Act. The policies and regulations developed for each use activity category are intended to serve as the primary set of criteria for evaluating proposed developments and alterations to the shoreline environment.

While not all developments in the shoreline area require a shoreline permit, no development shall be undertaken on the shorelines of Kitsap County except those which are consistent with the policies of the act, applicable state guidelines, and the master program.

As a “no-fee” service to the general public wishing to be assured that their development is consistent with the law, the department of community development will review submitted development proposals to determine whether a shoreline permit is required. If no permit is required, a statement of exemption will be issued.

(Res. 27-1999 Exh. A, Part VII (part), 1999)

22.28.020 Unidentified use activities.

Shoreline use activities not specifically identified and for which policies and regulations have not been developed will be evaluated on a case-by-case basis and will be required to satisfy the goals and general development policies of the master program, the policy of the Shoreline Management Act and shall be consistent with the management policy and character of the shoreline environment in which they propose to locate and shall require a conditional use permit.

(Res. 27-1999 Exh. A, Part VII (part), 1999)

22.28.030 General policies.

a. Water Quality. Certain developments may degrade water quality. Specific uses should be located, designed, and operated to minimize actual or potential adverse effects on water quality.

b. Estuary and Wetland Preservation. Because estuarine, eelgrass, kelp, and wetland systems are of high ecological value and are increasingly scarce, development should be located, designed and operated to prevent degradation of such systems.

c. Shore Processes. Certain developments interfere with shore processes. Specific developments should be located, designed and operated to prevent interference with physical shore processes.

d. Aquatic Plants and Animals. Certain developments may have beneficial or adverse effects on shoreline plants and animals including eelgrass and kelp. Uses and activities should be located, designed, and operated to ensure that plant or animal populations, their respective habitats, and the local and regional ecological balance are maintained in a healthy condition.

e. Aesthetics. Kitsap County has extensive shorelines possessing high aesthetic value. The majority of the shorelines of Kitsap County, unlike shorelines of other adjacent counties, are generally characterized by residential development patterns. Conflicts between the aquatic uses and the views of upland residents or the general aesthetic quality of the shoreline should be minimized.

f. Physical Site Considerations. There are a limited number of shoreline sites which are conducive to aquatic uses and activities. Development of these sites should include an upland support area or access as well as the potential physical characteristics necessary to support the particular use.

g. Safety and Circulation. Certain developments may create traffic and circulation conflicts with other shoreline uses. Such uses and activities should be located, designed, and operated to minimize potential shoreline traffic conflicts with recreational uses of the shoreline and to minimize adverse navigational conflicts.

h. Other Shorelines Uses. Certain developments may conflict with other shoreline uses. Such uses and activities should be located, designed and operated to minimize potential shoreline use conflicts.

All development which occurs within shoreline jurisdictions is required to be in compliance with the policies and regulations of the act and this shoreline master program. All substantial developments are required to obtain a substantial development permit (except those substantial developments categorically exempted pursuant to WAC 173-16-030). Additional permit requirements may include a conditional use permit or variance. As such this chapter outlines the policies, regulations and permit requirements of this program.

(Res. 27-1999 Exh. A, Part VII (part), 1999)


	MASTER PROGRAM ENVIRONMENT DESIGNATION
USE ACTIVITY	Urban	Semi-Rural	Rural	Conservancy	Conservancy Public Lands	Natural
Agricultural Practices	P	P	P	P	P	X
Aquaculture Practices	P/C	P/C	P/C	P/C	P/C	X
Anchorage of Large Vessels	P	C	C	C	C	X
Archaeological Areas and Historic Sites	P	P	P	P	P	C
Boat Launches and Marine Railways	P	P	P	C	P	X
Breakwaters	P	P	P	C	P	X
Commercial Development	P	P	C	C	C	X
Dredging	C	C	C	C	C	X
Forest Practices	P	P	P	C	C	X
Jetties and Groins	C	C	C	C	C	X
Landfill	C	C	C	C	C	X
Marinas	P	P	P	X	C	X
Mining	C	C	C	X	X	X
Mooring Buoys/Anchors	P	P	P	P	P	X
Piers & Floating Docks	P	P	P	P	P	X
Industrial Development	P	C	C	X	X	X
Recreational Floats	P	P	P	P	P	X
Recreation	P	P	P	P	P	X-P*
Residential Development
Single Family	P	P	P	C	X	X
Multi-Family	P	P	P	C	X	X
Subdivisions	P	P	P	C	X	X
Road, RaiIroad and Bridge Construction	P	P	P	C	C	X
Shore Protection and Bluff Stabilization	P	P	P	C	P	X
Stream Modification	CX**	CX**	CX**	CX**	CX**	X**
Solid Waste Disposal	X	X	X	X	X	X
Utilities	P	P	P	P	P	C
In-stream Structures	C	C	C	C	C	X
P= Permitted Use (substantial development permit may be required) • C = Conditional Use • X = Prohibited
* Active recreational facilities are prohibited in the Natural Environment. Passive and educational recreational facilities which meet the definition for a substantial development permit are subject to a SDP in the Natural Environment.
** Stream modification activities are prohibited in all environments except to protect life, property or habitat when endangered by log jams and other obstructions in the steam. With respect to this declaration refer to text of Section 22.28.160.

22.28.040 Use of the regulations.

Use activity regulations are a requirement of the master program. These regulations are directly supportive of the adopted policies for each environment and use activity. 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, most use activities have three sections:

•	the Definition Section, in which the use is defined;

•	the Policy Section, in which the policies of the master program with respect to a particular use are described; and

•	the Regulations Section, in which the uses permissible in each environment and the special conditions and general regulations controlling each appropriate use are described.

All proposed uses in the shoreline jurisdiction are subject to the policies and regulations applicable to those uses.

(Res. 27-1999 Exh. A, Part VII (part), 1999)

Article 2 – Specific Regulations

22.28.050 Agricultural practices.

1. Definition. Activities related to vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization as well as animal husbandry.

2. Policies.

a. Agricultural practices should be conducted in a manner to prevent soil erosion and protect water quality.

b. Native vegetation, buffers, or other protective measures should be utilized between tilled areas and associated water bodies to retard surface runoff, reduce siltation, and prevent degradation of the shoreline.

c. Livestock pastures should be separated from water bodies with fences to prevent livestock access to the water body to protect water quality.

3. Environments and Permit Requirements.

a. Agricultural practices, if not exempt activities, are permitted and subject to a SDP in the urban, semi-rural, rural, conservancy and conservancy-public lands environment.

b. Agricultural practices are prohibited in the natural environment.

4. General Regulations.

a. A buffer of native vegetation, at least one hundred feet in width, shall be permanently maintained between cultivated areas and the ordinary high water mark or biological wetland area.

b. A buffer of native vegetation at least one hundred feet in width shall be permanently maintained between confined animal feeding operations, animal waste and/or retention and storage ponds, feed lot wastes, stock piles or manure solids, or confinement lots, and the ordinary high water mark or biological wetlands. A fence shall be used to separate water bodies from livestock pastures.

c. Soil conservation measures including but not limited to erosion control, crop rotation, mulching, strip cropping, contour cultivation, and best management practices shall be utilized to minimize soil erosion.

d. Aerial spraying of fertilizers, pesticides, or herbicides over water bodies is prohibited.

e. No fertilizers, pesticides or herbicides shall be used in agricultural practices unless the applicant can demonstrate that the application of such substances will not result in the direct runoff of contaminated waters into water bodies or aquifer-recharge areas.

f. In regulating the location of confined animal feeding operations, retention and storage ponds for feed lot wastes, and stock piles or manure solids, the control guidelines of the U. S. Environmental Protection Agency, state, and local agencies shall be utilized so that the shoreline is not subject to pollution.

g. The applicant may be required to submit a soil study and drainage plan in order to determine that the agricultural practices meet the policies set forth above.

(Res. 27-1999 Exh. A, Part VII (A), 1999)

22.28.060 Anchorage of large vessels.

1. Definition. Securing a vessel sixty-five feet or longer in overall length by means of a mooring buoy or anchor, for a period of thirty days or longer.

2. Policies.

a. Anchorage of large vessels is generally inconsistent with the semi-rural, rural, conservancy and conservancy-public lands environments.

b. The anchorage of large vessels may adversely affect views, create potential health and public safety hazards, and adversely affect shore processes.

3. Environments and Permit Requirements.

a. Anchorage of large vessels is permitted and subject to a SDP in the urban environment.

b. Anchorage of large vessels may be permitted in the semi-rural, rural, conservancy-public lands, and conservancy environments subject to obtaining a SDP and CUP.

c. Anchorage of large vessels is prohibited in the natural environment.

4. General Regulations.

a. Applications for anchorage of large vessels shall include, but not be limited to, the following information:

(1) An operational plan which includes a description of the following:

(a) Provision for sanitary facilities;

(b) Description of method and means of anchorage;

(d) Name, address and telephone number of person to be contacted in the event of an emergency.

(e) Duration of anchorage.

b. Large vessels shall not be anchored in areas where they will adversely impact recreational opportunities or views from upland properties.

(Res. 27-1999 Exh. A, Part VII (B), 1999)

22.28.070 Aquaculture practices.

1. Definition. The harvest, culture or farming of cultivated food fish, shellfish, or other aquatic plants and animals and includes fisheries enhancement, the mechanical harvesting of shellfish and hatchery culture, excluding traditional noncommercial shellfish harvesting.

2. Introduction. Aquaculture is a developing industry of statewide interest and environmental concern. The crops are sometimes collected and cultured from natural stocks and in other instances seeded, nurtured, grown and harvested like a farm crop. Most types of aquaculture in the state have known and well-defined impacts. A few aquaculture practices are relatively untested in state waters and their impacts are not completely known. In order to ensure environmental protection, data collection and monitoring of such practices are an integral part of these regulations.

In addition, potential locations for aquaculture enterprises whether on-shore or off-shore are restricted because of certain necessary prerequisites. These prerequisites include but are not limited to such factors as water quality, water temperature, oxygen content, water flow, current velocity, depth, salinity, adjacent land uses, wind protection, commercial navigation, proximity to shore and availability of upland support facilities. These factors play a critical role in determining suitable location for aquaculture facilities.

3. Environments and Permit Requirements

a. Geoduck harvesting, other mechanical and/or hydraulic clam harvesting operations, and delayed-release net pens that are associated with fishery enhancement programs and located at existing commercial areas, waterward of state owned upland properties or publicly owned upland facilities, are permitted and subject to a SDP in the urban, semi-rural, rural, conservancy, and conservancy-public lands environment.

b. All other aquaculture practices shall be subject to a SDP and CUP in the urban, semi-rural, rural, conservancy, and conservancy-public lands environments.

c. Aquaculture practices are prohibited in the natural environment.

d. Commercial floating aquaculture is prohibited in all areas south of the Hood Canal Bridge.

4. General Regulations.

a. Applications for aquaculture activities shall include, but not be limited to, the following information:

(1) An accepted Department of Natural Resources lease application, including a waiver of preference rights to access for navigation from the upland property owner, if applicable.

(2) An accepted Washington Department of Fisheries hydraulic project application, if applicable.

(3) An operational plan which includes the following information:

(a) Species and quantity to be reared;

(b) Aquaculture method(s);

(d) Manpower/employment necessary for the project;

(e) Sanitation facilities provided; location and sewage disposal method;

(f) Harvest method and timing;

(g) Location and plans for any shore-side activities;

(h) Method(s) of predator control;

(i) Food and equipment storage;

(j) Vitamin supplements, antibiotics, fungicides and/or other medications to be used;

(k) Frequency and method of cleaning; and

(l) Waste disposal plan.

(4) An evaluation of the proposed aquaculture site which includes the following information including seasonal variations:

(a) Water quality;

(b) Tidal variation;

(d) Current flow at each tidal cycle;

(e) Sediment dispersal;

(f) Flushing rates;

(g) A baseline study of aquatic and benthic organisms;

(h) Probable impacts of items (a) through (f), above; and

(i) Visual assessment

b. In order to ensure compliance with conditions of the permit, depending on the type of aquaculture activity proposed, the applicant may be required to provide the following information throughout the duration of the permit:

(1) Water quality studies;

(2) Reports on solids accumulation on the bottom resulting from the permitted activity, along with its biological effects;

(3) Report on the growth, productivity, and chemical contamination of shoreline plants and animals within or adjacent to the proposed site; and

(4) Noise level assessments.

c. Aquaculture activities involving floating structures shall have an upland base within Kitsap County and shall have an emergency response plan which includes qualified personnel having access to the facility within thirty minutes of notification.

d. Aquaculture activities and/or accessory uses located above the ordinary high water mark shall be compatible with adjacent upland land uses. More specifically:

(1) Accessory structures shall be located, designed and maintained to harmonize with the abutting land uses and the prevailing community character consistent with this master program;

(2) Disposal of processing wastes shall comply with federal, state, and local waste disposal standards in a manner which will minimize degradation of the shoreline environment;

(3) With the exception of those aquaculture activities located in the urban environment, all truck delivery activity shall be performed between 8:00 a.m. and 5:00 p.m. unless specified otherwise in the shoreline permit;

(4) Aquaculture activities shall meet state and local noise regulations.

(5) When an aquaculture activity impacts public facilities such as public piers, boat launches, roads, public utilities, etc., the applicant may be required to pay a portion of the cost of the improvements and/or maintenance in proportion to the applicant’s use; and

(6) Upland facilities associated with aquaculture activities shall be reviewed pursuant to the applicable policies and regulations of the commercial activities sections of this title.

e. Aquaculture activities and/or accessory uses located below the ordinary high water mark shall be compatible with upland uses within the vicinity of the project. More specifically:

(1) Aquaculture activities shall be maintained and operated in a neat and orderly manner;

(2) Aquaculture activities shall not impede navigational access by upland and waterfront property owners, including a waiver of preference rights to access for navigation from the upland property owner, if applicable;

(3) Aquaculture activities shall not unreasonably impair surface navigation, recreational, or commercial traffic;

(4) The off-shore structural components of an aquaculture use, except U.S. Coast Guard-approved navigational aids, shall meet criteria established by the Department of Natural Resources, U.S. Army Corps of Engineers, and U.S. Coast Guard and be designed to blend with the surrounding environment.

(5) The water surface site coverage of off-shore components of floating aquaculture facilities shall not exceed two surface acres; and

(6) Intertidal aquaculture structures or facilities, such as pilings, shall not impede existing pedestrian circulation along the shoreline. If the applicant can establish that this is not feasible, the applicant may provide alternate public access and/or public view on or off-site.

f. Aquaculture structures shall not materially interfere with natural shoreline processes.

g. Aquaculture activities shall not adversely impact shoreline plants and animals. More specifically:

(1) Aquaculture proposals for mechanical shellfish harvesting or other activities that involve substantial substrate modification through dredging, trenching, digging or disruption of the sediment shall not be allowed in existing kelp beds or in eelgrass beds containing more than two turions per one-quarter square meter in winter or three turions per one-quarter square meter in summer. Such proposals shall not be permitted in areas which may disrupt the life cycle of an established fishery, other than those being harvested.

(2) Predator control shall not involve killing or harassment of species protected under state or federal Endangered Species Act programs or under the Marine Mammal Protection Act, as amended;

(3) The applicant shall only apply or use herbicides, antibiotics, growth stimulants, anti-fouling agents, or other substances which have been approved for use in aquaculture by the state or federal governments; and

(4) Processing of aquaculture products must occur upland of the ordinary high water mark.

h. The applicant shall post a bond or provide other financial assurance that any aquaculture structures or facilities will be removed in a neat and orderly manner within a reasonable period of time if the permit is terminated. If the applicant can demonstrate that a bond has been paid to the state, this requirement will be waived.

i. Mechanical and/or hydraulic clam harvesting operations, which use a hydraulic harvester or similar floating equipment, shall be required to obtain a SDP. Such a permit shall only be issued if the applicant can show that the proposed operation will not harm fish or shellfish resources, other than those being harvested; will not lead to increase in turbidity or siltation of surrounding property; and noise of the proposed operation complies with the state and local noise regulations.

j. Fishery enhancement programs which rely on delayed-release net pens may be sited at existing marinas, waterward of existing commercial areas, waterward of state-owned upland properties or publicly owned upland facilities where view impact is not a predominant issue, (these facilities may be located within the Hood Canal as well as the Puget Sound). Alternative locations for siting delayed-release net pens shall be considered subject to conditional use permit approval.

(Res. 27-1999 Exh. A, Part VII (C), 1999)

22.28.080 Archaeological areas and historic sites.

1. Definition. Having to do with scientific study of material remains of past human life and activities.

2. Introduction: Archaeological, historic, burial and cultural resource sites may be encountered in the shore area regardless of the environmental designation. The areas to which the Shoreline Management Act and local program typically apply are where village sites and camps used by native peoples are most likely to be encountered.

3. Policies.

a. Areas of special significance should be identified and protected for enjoyment by the public, and to protect archaeological, historic, and cultural resource sites in accordance with applicable federal, state and local laws.

b. Consideration should be given to the National Historic Preservation Act of 1966 and Chapter 43.21 RCW and Chapter 27.53 RCW which provide for protection, rehabilitation, restoration and reconstruction of districts, sites, buildings, structures and objects significant in history, architecture, archaeology or culture.

4. Environments and Permit Requirements.

c. Development of archaeological areas and historic sites are permitted and subject to a SDP in the urban, semi-rural, rural, conservancy and conservancy-public lands environment.

d. Archaeological areas and historic sites may occur in the natural environment. Development of archaeological areas for scientific study or public observation in the natural environment shall be subject to obtaining a SDP and CUP.

5. General Regulations.

e. The following conditions shall be applied to any activity if it is discovered that archaeological artifacts or data are found:

(1) The developer or owner shall notify the county, affected tribes, specifically the Suquamish Tribe, the Port Gamble S’Kallam Tribe and the Skokomish Tribe and Washington State Department of Community Development of any archaeological artifacts or data found;

(2) Development shall not commence for a period of ten working days after notifying the state, county, and affected tribes to provide the opportunity for a site inspection and evaluation; and

(3) Archaeological artifacts and data shall be left undisturbed and protected until authorized by the Washington State Department of Community Development in accordance with the Archaeological Excavation and Removal Permit.

(Res. 27-1999 Exh. A, Part VII (D), 1999)

22.28.090 Boat launching ramps and marine railways.

1. Definition. A sloping ramp, traditionally made of concrete, which may extend into the tidelands, used for the purpose of placing a watercraft in or taking one out of the water.

2. Policies.

a. Community boat launching ramps and marine railways should be located at grade, when practicable.

b. Public, community and/or cooperative use of boat launching ramps and/or marine railways should be encouraged.

c. Community boat launching ramps and marine railways should be designed to minimize detrimental effects to natural shore processes.

d. Private marine railways are preferred over private boat launches.

e. Joint use between adjacent property owners of boat launching ramps is preferred.

f. Private boat launching ramps should not extend below ordinary high water.

3. Environments and Permit Requirements.

a. Boat launching ramps and marine railways are permitted subject to a SDP in the urban, semi-rural, rural and conservancy-public lands environments.

b. Boat launching ramps and marine railways may be permitted subject to obtaining a SDP and CUP in the conservancy environment.

c. Boat launching ramps and marine railways are prohibited in the natural environment.

4. General Regulations.

a. Community boat launching ramps and marine railways shall be designed and located to minimize detrimental effects to natural shore processes and critical habitat area.

b. Marine railways shall be maintained in operating condition or must be removed.

c. Commercial or community boat launching ramps shall provide a wash-down drainage crypt which incorporates oil-water separators for the treatment and disposal of wastewater associated with the boat launching ramp.

d. Joint-use boat launches shall be given preference over single-use launches.

e. Private boat launching ramps shall not extend past ordinary high water.

(Res. 27-1999 Exh. A, Part VII (E), 1999)

22.28.100 Breakwater.

1. Definition. A protective structure usually built off shore to protect beaches, bluffs, or harbor areas from wave action.

2. Policies.

a. Floating breakwaters are preferred to solid landfill breakwaters.

b. Solid breakwaters should only be constructed where effects on the movement of beach material and circulation of water will be minimal.

c. Breakwaters should provide recreational opportunities as well as protection to the shoreline area or facilities, where possible.

d. The need for breakwaters should be balanced with the impact on shore processes.

e. The scale of the breakwater should be that which is minimally necessary to accomplish the result.

3. Environments and Permit Requirements.

a. Breakwaters are permitted subject to a SDP in the urban, semi-rural, rural and conservancy-public lands environments.

b. Breakwaters in the conservancy environment may be permitted subject to obtaining a SDP and CUP.

c. Breakwaters are prohibited in the natural environment.

4. General Regulations.

a. Applications for breakwaters shall include, but not be limited to, the following information:

(1) Purpose of breakwater;

(2) Construction material;

(3) Method of construction;

(4) Direction of net longshore drift, if applicable; and

(5) Compliance with Section 22.28.150, “Landfill” when a solid breakwater is proposed.

b. Breakwaters shall only be allowed:

(1) For the protection of existing facilities;

(2) For navigational or recreational purposes; or

(3) For commercial activities and marinas.

c. The location of a breakwater shall not render the remaining open water surface unusable by the public.

(Res. 27-1999 Exh. A, Part VII (F), 1999)

22.28.110 Commercial development.

1. Definition. Use which involves wholesale or retail trade, or the provision of services for compensation.

2. Policies.

a. Priority should be given to commercial developments which are water-dependent or water-oriented.

b. Priority should be given to commercial developments which provide an opportunity for the public to enjoy the shoreline.

c. Commercial development should be encouraged to locate in existing commercial areas to minimize sprawl and the inefficient use of shoreline areas.

d. Commercial development should be compatible in design and scale with the site.

e. Parking should be located upland of the associated use and screened.

f. Multiple-use concepts which include open space and recreation should be encouraged.

g. Proposed commercial developments, expansions, alterations, or any phase thereof should be consistent with the adopted comprehensive development plan.

3. Environments and Permit Requirements.

a. Commercial developments are permitted subject to a SDP in the urban, and semi-rural environments.

b. Commercial developments may be permitted subject to obtaining a SDP and CUP in the rural and conservancy environments.

c. Commercial developments may be permitted subject to obtaining a SDP and CUP in the conservancy-public lands environment.

d. Commercial developments are prohibited in the natural environment.

4. General Requirements.

a. Commercial developments permitted on the shoreline in descending order of preference are:

(1) Water-dependent uses;

(2) Water-related uses;

(3) Water-enjoyment uses; and

(4) Non-water-oriented uses which include substantial opportunities for public access.

b. The design and scale of a commercial development shall be compatible with the shoreline environment. The following criteria will be used to assess compatibility:

(5) Building materials;

(6) Site coverage;

(7) Height;

(8) Density;

(9) Lighting, signage, and landscaping;

(10) Public access; and

(11) Visual assessment.

c. Commercial development shall not significantly impact views from upland properties, public roadways, or from the water.

d. Construction of new commercial development shall not be permitted over the water.

e. Parking shall be located upland and inland of the commercial use and designed and screened to minimize adverse visual impacts to the shoreline. Over-water parking is prohibited.

f. Non-water-oriented uses which provide an opportunity for the public to enjoy the shoreline shall be permitted on the following conditions:

(1) Special amenities are incorporated into the design of the development to encourage active and passive recreational use of the shoreline. These may include, but are not limited to, shoreline trails, accesses, and view points. Such amenities shall be dedicated to the public through a recorded easement and improved prior to occupancy.

(2) The non-water-oriented portions of the use do not interfere with or obstruct the active and/or passive uses of the shoreline.

(3) The county shall require and utilize the following information in its review of commercial development proposals:

(a) Specific nature of the commercial activity;

(b) Need for shoreline frontage;

(d) Provisions for public visual and/or physical access to the shoreline; and

(e) Provisions to ensure that the development will not cause significant adverse environmental impacts.

(4) Drainage and surface runoff from commercial areas shall be controlled using biofiltration so that pollutants will not be carried into water bodies, and be subject to the requirements of the state Department of Ecology Manual for Surface Runoff.

(a) During construction, projects must provide temporary erosion control until permanent storm water runoff systems are operational.

g. Proposals for commercial uses located within property designated conservancy-public lands shall be subordinate to the public use.

(Res. 27-1999 Exh. A, Part VII (G), 1999)

22.28.120 Dredging.

1. Definition. The removal of earth, gravel or other substances from the bottom of a stream, river, lake, bay, or other water body, including wetlands.

2. Policies.

a. Dredging should be conducted in a manner to protect the shoreline environment and aquatic life.

b. Dredging of bottom materials for the single purpose of obtaining fill materials should not be allowed.

c. Dredging projects should provide an acceptable plan and associated permits for the disposal of dredge spoils.

d. Depositing of dredge materials in water areas should be allowed only to improve habitat, to correct problems of material distribution adversely affecting fish and shellfish resources, or where the alternatives of depositing materials on land is more detrimental to shoreline resources than depositing it in water areas.

e. Disposal of contaminated dredge materials, not suitable for open water disposal, and not otherwise regulated by Section 404 of the Federal Clean Water Act, should occur only at permitted solid waste or dangerous waste disposal facilities.

3. Environments and Permit Requirements.

a. Dredging may be permitted subject to obtaining a SDP and CUP in the urban, semi-rural, rural, conservancy and conservancy-public lands environments.

b. Dredging is prohibited in the natural environment.

4. General Regulations.

a. Applications for dredging shall include the following information:

(1) An analysis of materials to be dredged;

(2) Time of dredging;

(3) Method of dredging and disposal;

(4) Location and stability of bedlands adjacent to proposed dredging area;

(5) Location, size, capacity and physical characteristics of spoils disposal area; and

(6) Quantity of material to be removed.

(7) Explain the reason the dredging is necessary.

b. Depositing of dredge material in water areas shall be allowed only at approved Puget Sound dredge disposal sites.

c. A dredged area is permitted to be maintained by periodic redredging after further review of the original permit conditions by Kitsap County and permission of Kitsap County and other regulatory agencies with jurisdiction.

d. Disposal of contaminated dredge materials, not suitable for open water disposal, and otherwise regulated by Section 404 of the Federal Clean Water Act, shall occur only at permitted solid waste or dangerous waste disposal facilities.

(Res. 27-1999 Exh. A, Part VII (H), 1999)

22.28.130 Forest management practices.

1. Definition. Forest management practices are those methods used for the protection, production and harvesting of timber. Trees along a body of water provide shade which insulates the waters from detrimental temperature change and dissolved oxygen release. A stable water temperature and dissolved oxygen level provide a healthy environment for fish and other more delicate forms of aquatic life. Poor logging practices on shorelines alter this balance as well as result in slash and debris accumulation and may increase the suspended sediment load and the turbidity of the water.

2. Policies.

a. Seeding, mulching, matting and replanting should be accomplished where necessary to provide stability on areas of steep slope which have been logged. Replanted vegetation should be of a similar type and concentration as existing in the general vicinity of the logged area.

b. Special attention should be directed in logging and thinning operations to prevent the accumulation of slash and other debris in contiguous waterways.

c. Shoreline areas having scenic qualities, such as those providing a diversity of views, unique landscape contrasts, or landscape panoramas should be maintained as scenic views in timber harvesting areas. Timber harvesting practices, including road construction and debris removal, should be closely regulated so that the quality of the view and viewpoints in shoreline areas of the state are not degraded.

d. Proper road and bridge design, location and construction maintenance practices should be used to prevent development of roads and structures which would adversely affect shoreline resources.

e. Timber harvesting practices in shorelines of the state should be conducted to maintain the state Board of Health standards for public water supplies.

f. Logging should be avoided on shorelines with slopes of such grade that large sediment runoff will be precipitated, unless adequate restoration and erosion control can be expeditiously accomplished.

g. Local governments should ensure that timber harvesting on shorelines of statewide significance does not exceed the limitations established in RCW 90.58.150 except as provided in cases where selective logging is rendered ecologically detrimental or is inadequate for preparation of land for other uses.

h. Logging within shoreline areas should be conducted to ensure the maintenance of buffer strips of ground vegetation, brush, alder and conifers to prevent temperature increases adverse to fish populations and erosion of stream banks.

3. Environments and Permit Requirements.

a. Forest management practices are permitted subject to a SDP in the urban, semi-rural and rural environments.

b. Forest management practices may be permitted subject to obtaining a SDP and CUP in the conservancy and conservancy-public lands environments.

c. Forest management practices are prohibited in the natural environment.

4. General Regulations.

1. All timber harvesting shall be done in compliance with the current rules and regulations adopted under the Forest Practice Act and the Timber/Fish/Wildlife Agreement or their successor.

2. Cutting in biological wetlands is prohibited.

3. When timberland is to be converted to another use, such conversion shall be clearly indicated on the forest practice application. Such failure to declare intent to convert on the application shall provide grounds for the denial of subsequent development proposals for a period of six years from the date of the forest practice application approval (RCW 76.09.060(3)(b)(I)). Timber harvest permits for conversion proposals shall not be permitted until any required shoreline permits have been issued for the proposed land divisions or intended uses.

(Res. 27-1999 Exh. A, Part VII (I), 1999)

22.28.140 Jetties and groins.

1. Definition. Jetties are barrier-type structures designed to modify or control sand movement and usually placed at inlets to improve a navigable channel.

Groins are barrier-type structures extending from the back shore waterward across the beach to interrupt and trap sand movement.

2. Policies.

a. Jetties and groins should be designed to minimize effects on wildlife propagation, sand movement and the aesthetic qualities of the shoreline.

b. Groins will only be allowed when necessary to protect and preserve existing natural features.

3. Environments and Permit Requirements.

a. Jetties and groins may be permitted subject to a SDP and CUP within the urban, semi-rural, rural, conservancy, conservancy-public lands environments.

b. Jetties and groins are prohibited in the natural environment.

4. General Regulations.

a. Applications for jetties and groins shall include the following information:

(1) Reason for project;

(2) Type of construction;

(3) Method of construction;

(4) Direction of net long shore drift;

(5) Location of jetty and groin; and

(6) Notification of affected property owners.

b. Jetties and groins shall be designed and constructed to be visually compatible with their surroundings. Nonstructural alternatives are preferred.

(Res. 27-1999 Exh. A, Part VII (J), 1999)

22.28.150 Landfill.

1. Definition. The placement of soil, sand, rock, gravel, or other material (excluding solid waste) used to create new land, tideland, or bottom land area along the shoreline waterward the ordinary high water mark, or on upland areas in order to raise the elevation.

2. Policies.

a. Landfill should be for water-dependent uses only and designed to protect water quality. In all but extreme circumstances where appropriate mitigation measures are included as part of the proposal, landfills shall be prohibited.

b. Shoreline fills or cuts should be designed and located so that significant damage to existing wildlife habitat and other ecological systems, natural resources or alterations to local current patterns will not occur.

c. Leachate resulting from fill material should not cause a more serious reduction in water quality than what naturally occurs from surrounding land.

d. Landfills should not be used to create land to serve residential development.

e. Landfills should not be used to create land to serve commercial development.

3. Environments and Permit Requirements.

a. Landfills may be permitted subject to a SDP and CUP in the urban, semi-rural, rural, conservancy, conservancy-public lands environments.

b. Landfills are prohibited in the natural environment.

4. General Regulations.

a. Applications for landfills shall include, but not be limited to, the following information:

(1) Physical, chemical, and biological character of landfill materials;

(2) Source of landfill material;

(3) Method of placement and compaction;

(4) Type of proposed surfacing and runoff control devices;

(5) Method of perimeter erosion control;

(6) Proposed use of landfill area; and

(7) Location of landfill relative to natural and/or existing drainage patterns.

b. Fill materials shall be sand, gravel, soil, rock or similar material. Use of polluted dredge spoils or other solid or dangerous wastes as defined by the Bremerton-Kitsap County Health District is prohibited.

c. All perimeters of fills shall be provided with vegetation, retaining walls or other mechanisms to prevent erosion.

d. Landfills shall be reviewed for water-quality impacts.

e. Landfill shall be for water-dependent uses only and designed to protect water quality.

f. Landfill shall not be used to create land to serve residential development.

g. Landfill shall not be used to create land to serve commercial development.

h. Landfill shall be permitted only in conjunction with a specific use already permitted in the master program or after a proposed use has been approved by the Kitsap County department of community development.

(Res. 27-1999 Exh. A, Part VII (K), 1999)

22.28.160 Marinas and community boat moorage.

1. Definition. Public or private facilities which provide dry or wet boat moorage. Such facilities may also provide boat launching, boat storage, sale of supplies, or service for pleasure or commercial craft.

2. Policies.

a. Marinas should be designed and operated to minimize their effects on water quality and aquatic life.

b. Marinas should be located, designed, and maintained to be compatible with abutting land uses and the prevailing community character.

c. Marinas should be designed and located to minimize interference with geohydraulic processes and minimize disruption of existing shore formations.

d. Shallow water embayments with poor flushing action should not be considered for overnight or longer-term moorage facilities.

e. Live-aboards and houseboats are appropriate only in marinas. The marina should provide the necessary public utilities including sewer hookups or alternative marine sanitation devices, water, fire prevention, utilities, parking, and other amenities deemed appropriate.

f. Marina operators shall not permit the overboard discharge of untreated sewage or hazardous materials into the waters of the marina area.

3. Environments and Permit Requirements.

a. Marinas are permitted subject to a SDP in the urban, semi-rural and rural environments.

b. Marinas may be permitted subject to a SDP and CUP in conservancy-public lands environments.

c. Marinas are prohibited in the conservancy and natural environments.

4. General Regulations.

a. In evaluating an application for a marina, consideration shall be given to water quality, water circulation and flushing, aquatic life, petroleum handling and storage, fire codes, public access and compatibility with other uses. An applicant shall be required to submit the following information:

(1) A study of water quality, water circulation and flushing;

(2) A benthic survey and habitat analysis;

(3) A petroleum handling and storage management plan;

(4) An emergency management practices plan;

(5) A visual impact assessment;

(6) Sewage disposal plan;

(7) Fire protection plan;

b. Piers, floats, and docks shall be sited and designed to minimize possible adverse environmental impacts, including potential impacts on littoral drift, sand movement, water circulation and quality, and fish and wildlife habitat and predation;

c. Piers and docks shall allow for a maximum of littoral drift and should minimize interference with basic geohydraulic processes; and

d. The proposed size of the structure and intensity of use or uses of any dock, pier, and/or float shall be compatible with the surrounding environment and land and water uses.

e. Sewage disposal shall be consistent with the rules and regulations of the Bremerton-Kitsap County Health District and of the State of Washington, Department of Health.

f. Installation and maintenance of sewage disposal facilities, or the provision of sewage disposal services, shall be required. Sewage disposal facilities shall be available in convenient locations to all users of marina facilities.

g. All associated structures, except covered moorage, shall be located landward of the ordinary high water mark.

h. Accessory parking and upland development shall meet the requirements of this master program as described under the commercial development section.

i. The design and scale of the marina shall be compatible with the shoreline and upland environments. The following factors shall be considered:

(1) Lighting and signage;

(2) Size and scale;

(3) Building materials;

(4) Site coverage;

(5) Noise levels and speed limits;

(6) Public or private use;

(7) Visual uniformity;

(8) Parking and circulation; and

(9) Waste, including sewage, disposal.

j. Provisions for public access, both visual and pedestrian, shall be an integral part of all marina development and designed to be environmentally sound and aesthetically compatible with adjacent areas and commensurate with the particular proposal. Examples include artificial pocket beaches, pedestrian bridges to offshore structures, fishing piers, viewing platforms, and transient moorage slips.

k. Marinas shall be operated in a manner to preserve water quality and protect the public health. At a minimum, the operational plan shall provide the following:

(1) Adequate facilities and operational procedures for fuel handling and storage in order to prevent accidental spillage.

(2) Facilities, equipment and established procedures for the containment, recovery, and mitigation of spilled sewage, petroleum and other hazardous materials.

(3) Signs concerning the following matters where they are readily visible to all marina users:

(a) Regulations pertaining to handling and disposal of waste, sewage, or other toxic materials;

(b) Regulations prohibiting the disposal of fish or shellfish wastes, scrapfish, viscera or unused bait in or near the marina; and

(4) Garbage or litter receptacles, including provisions for recycling waste shall be provided and maintained by the marina operator at several locations convenient to users.

(5) The dock facilities shall be equipped with adequate lifesaving equipment such as life rings, hooks and ropes.

(6) Adequate fire protection shall be required pursuant to the Washington State Uniform Fire Code.

(7) Swimming shall be prohibited within marina facilities unless the swimming area is adequately separated and protected.

(8) If dredging at marina entrances changes the littoral drift processes or adversely affects adjacent shores, the marina operator shall be required to replenish these shores periodically with the appropriate quantity and quality of aggregate, subject to applicable permits and with written approval of the shoreline administrator or designee.

(9) Marina facilities permitted under this program shall provide upland restrooms available twenty-four hours a day for use by any patron of the marina facility. At a minimum the facilities shall include one urinal, one toilet, and one washbasin for men and two toilets and two washbasins for women. The need for additional facilities shall be determined based on the number of slips, percentage of live-aboard moorages, and the number of transient moorage slips within the marina.

(10) All pipes, plumbing, wires and cables at a marina site shall be placed at or below ground and dock levels.

(11) Marinas are permitted to moor houseboats, and/or live-aboards provided the marina meets the following conditions:

(a) The slips assigned to houseboats, and/or live-aboards are designed and constructed to handle the bulk and weight of the houseboats, and/or live-aboards;

(b) Sewer hook-ups;

(c) No more than ten percent of the surface area of the marina or ten percent of the slips, whichever is less, is devoted to houseboats, and/or live-aboard vessels;

(d) In addition to the required marina parking, two parking stalls are to be provided for each houseboat, and/or live-aboard vessel;

(e) No pets are permitted unless a pet exercise area is available. Marina operators are encouraged to provide pet exercise areas for pets; and

(f) Marina operators execute a lease, contract or deed which establishes permission to use a particular slip for a stated period of time and which establishes conditions for use of the slip including the requirement that all boats meet the applicable sanitation regulations.

(Res. 27-1999 Exh. A, Part VII (L), 1999)

22.28.170 Mining.

1. Definition. The removal of naturally occurring materials from the earth for economic use.

2. Policies.

a. Provisions should be made to protect water quality and aquatic life, to control sediment and silt production and to reclaim the disturbed land surface areas.

b. Excavations for the production of sand, gravel, and minerals should conform to the Washington Surface Mining Act and the regulations promulgated thereunder.

c. Removal of sand and gravel from below the ordinary high water mark is prohibited.

3. Environments and Permit Requirements.

a. Mining may be permitted subject to a SDP and CUP in the urban, semi-rural and rural environments.

b. Mining is prohibited in the conservancy, conservancy-public lands and natural environments.

4. General Regulations.

a. Applications for mining shall include, but not be limited to, a report on the geological make-up of the site, including the type, quantity and quality of material present on-site, the lateral extension of mineral deposit, depth of mineral deposit and the depth of overburden.

b. A surface mining and reclamation plan similar to one required by the Washington State Surface Mining Reclamation Act shall be required for all mining on the shoreline.

c. Mining is prohibited waterward of the ordinary high water mark.

d. The deposit of overburden within shorelines constitutes landfill subject to the provisions of this master program.

(Res. 27-1999 Exh. A, Part VII (M), 1999)

22.28.180 Mooring buoys/anchors.

1. Definition. Any anchoring device with or without a float used to secure a vessel.

2. Policies.

a. Mooring buoys should conform to the policies of the act and the master program.

b. Mooring buoys for maritime equipment and vessels such as barges and scows, or vessels required to be or which are actually documented under the provisions of 46 CFR ¹ 67 (10-1-87), as amended, should require a CUP.

c. Mooring buoys should be discernible day and night to prevent hazards to navigation.

d. Use of mooring buoys should be limited to avoid use conflicts.

e. Recreational mooring buoys should be registered with the Kitsap County department of community development and will be assigned a county number.

3. Environments and Permit Requirements.

a. Mooring buoys (except registered recreational buoys) and anchors which are in place for over thirty days are permitted subject to a SDP in all environments except the natural environment.

b. Mooring buoys and anchors are prohibited in the natural environment.

4. General Regulations.

a. An application for a mooring buoy shall include the following information:

(1) Anchor size, type, and weight;

(2) Buoy size, type, and color;

(3) Number, size, and type of vessels or other watercraft proposed to be anchored;

(4) The purpose of the mooring buoys;

(5) Operational plan; and

(6) Evidence of documentation under the provisions of 46 CFR ¹ 67, if applicable.

b. A mooring buoy as well as its associated vessel shall be compatible in size and scale with upland land use characteristics.

c. Mooring buoys shall be readily discernible under normal daylight conditions to the unaided eye at a minimum distance of one hundred yards and must be marked for night-time visibility.

d. Only one recreational mooring buoy is permitted per waterfront lot. Consideration will also be given to allowing additional mooring buoys subject to obtaining a CUP. However, joint-use is preferred over single-use applications.

e. Mooring buoys and/or anchors shall not be used for moorage of live-aboard boats or houseboats.

f. Recreational mooring buoys shall be registered with the Kitsap County department of community development and shall be numbered.

g. Anchors for mooring buoys shall not be located so that the anchors and chain impact kelp beds or eelgrass beds.

(Res. 27-1999 Exh. A, Part VII (N), 1999)

22.28.190 Piers and floating docks.

1. Definition. A pier is a rigid structure built over the water attached to the shore used as a landing place for marine transport or for recreational purposes. A floating dock (hereinafter referred to as a “dock”) is a structure floating upon the water and attached to the shore used as a landing place for marine transport or for recreational purposes.

2. Policies.

a. The cooperative use of piers and docks is preferred.

b. Priority should be given to the use of community piers and docks in all residential waterfront development.

c. Docks should be given priority over piers where scenic values are high and the structure will not increase conflicts with established marine uses in the immediate vicinity.

d. Size and length of piers and docks should be the minimum which provides the required service.

e. Piers and docks should be designed and located to minimize interference with navigation and the public’s use of the shoreline.

f. Piers and docks should be sited and designed to minimize possible adverse environmental impacts, including cumulative impacts on littoral drift, sand movement, water circulation and quality, and fish and wildlife habitat.

g. Piers and docks should allow for a maximum of littoral drift and should minimize interference with basic geohydraulic processes.

h. Pier and dock projects including joint-use and community dock projects are encouraged to provide for public docking, launching, and recreational access.

i. Use of natural nonreflective materials in pier and dock construction should be encouraged. When plastics and other non biodegradable materials are used, precautions should be taken to ensure their containment. All construction should comply with the current standards set forth by the Washington State Department of Fish and Wildlife regarding design and materials.

j. The proposed size of the structure and intensity of use or uses of any dock, pier, and/or float should be compatible with the surrounding environment and land and water uses.

3. Environments and Permit Requirements.

a. Piers and docks are permitted subject to a SDP in the urban, semi-rural, rural, conservancy and conservancy-public lands environments.

b. Piers and docks are prohibited in the natural environment.

4. General Regulations.

a. Individually owned, single-family residence piers and docks may be permitted where it can be demonstrated that a joint-use moorage facility is not feasible, however, multi-use and expansion of existing piers and docks is encouraged over the addition and/or proliferation of new piers and docks.

b. For any subdivisions, short subdivisions and other divisions of land approved after the effective date of this document, moorage facilities shall be limited to a single, joint-use community facility.

c. Piers and docks shall be located landward of pierhead lines and state harbor lines, when applicable.

d. Where state harbor lines and/or construction limit lines have not been designated, piers and docks shall project the minimum distance for their intended use and shall not create a hazard to navigation.

e. The width of a fixed pier, dock or float shall not exceed eight feet. The size of the boat mooring float attached to a pier shall be limited to the minimum necessary for boat moorage purposes.

f. Proposals for piers or docks shall include at a minimum the following information:

(1) Description of the proposed structure, including its size, location, design, and any shoreline stabilization or other modification required by the project;

(2) Ownership of tidelands, shorelands, and/or bedlands;

(3) Proposed location of piers, floats, buoys, or docks relative to property lines and ordinary high water mark;

(4) Location, width, height, and length of piers or docks on adjacent properties within three hundred feet;

(5) The applicant shall demonstrate that existing facilities are not adequate or feasible to accommodate the proposed moorage;

(6) Alternative moorage is not adequate or feasible;

(7) The possibility of a joint use facility has been thoroughly investigated;

(8) The applicant shall have the burden of providing the requested information in the manner prescribed by the shoreline administrator.

g. In areas identified by the Washington Departments of Fish and Wildlife, or Natural Resources as having a high environmental value for shellfish, fish life, or wildlife, piers and docks shall not be allowed except where functionally necessary to the propagation, harvesting, testing or experimentation of said marine fisheries or wildlife, unless it can be established conclusively, as determined by the shoreline administrator, that the dock or pier will not be detrimental to the natural habitat or species of concern.

h. Piers and docks on river shores are prohibited along braided or meandering river channels or where the river channel is subject to change in direction or alignment.

i. All piers and docks must be in support of an existing or currently proposed allowable shoreline use that is in conformance with the provisions of the master program.

j. Size and length of the facilities should be the minimum that provides the required service and does not interfere with navigation and other uses of the water.

k. All floats shall include stops which serve to prevent grounding on the tidelands at low tide or water level.

l. Construction materials shall conform to the current standards of the Washington State Department of Fish and Wildlife regarding the design and materials.

(Res. 27-1999 Exh. A, Part VII (O), 1999)

22.28.200 Industrial development.

1. Definition. Facilities for processing, manufacturing, and storage of finished or partially finished goods.

2. Policies.

a. Uses within an industrial area should be water-dependent or water-related.

b. Industrial planning should include public facilities for harbor viewing.

c. The cooperative use of docking, parking, cargo handling, and storage facilities should be encouraged in waterfront industrial areas.

d. Expansion of existing port areas is preferable to the development of new ones.

e. Potential adverse impacts of industrial facilities on other water-dependent uses should be evaluated.

f. Industrial development should be designed and located to minimize effects on water quality and aquatic life.

g. Where feasible, transportation and utility corridors should be located upland to reduce pressure for the use of waterfront sites.

h. Proposed industrial developments, expansions, alterations, or any phase thereof should be consistent with the adopted comprehensive development plan.

3. Environments and Permit Requirements.

a. Water-dependent or water-related industries are permitted subject to a SDP in the urban environment.

b. Industries may be permitted subject to a SDP and CUP in the semi-rural and rural environments.

c. Industries in the conservancy, conservancy-public lands and natural environments are prohibited.

4. General Regulations.

a. Only water-dependent and water-related industries shall be permitted in the shoreline jurisdiction.

b. The developer must demonstrate that adequate consideration has been given to and plans made to mitigate negative environmental impacts including but not limited to air, water, aesthetics, noise pollution, and the loss of fish and wildlife habitat.

c. Piers, moorages, slips, floats and launching facilities may be permitted accessory to industrial development, provided:

(1) The facility will serve a water-dependent or water-related use;

(2) The facility does not constitute a hazard to navigation; and

(3) All other provisions pertaining to these uses are met.

d. Offshore facilities, floating docks and artificial islands for deep water port expansion shall not be permitted except by conditional use permit provided it can be demonstrated that such development or expansion will not adversely impact the marine environment or diminish the natural productivity of the estuarine or aquatic system.

e. Sewage treatment, water reclamation, and desalinization plants may only be permitted by conditional use and shall be located where they do not interfere with, and are compatible with, recreational, residential or other public uses of the water and shorelands.

f. New or expanded facilities for water transport of bulk crude or other forms of petroleum in vessels over 125,000 dwt shall be prohibited within Kitsap County.

g. At new or expanded port and/or industrial developments, the best available facilities practices and procedures shall be employed for the safe handling of fuels and toxic or hazardous materials, to prevent them from entering the water, and optimum means shall be employed for prompt and effective clean-up of those spills that do occur.

h. All shoreline development must conform to the policies and regulations stated in this master program.

i. All shoreline development must conform to the environment designation provisions stated in this master program.

j. The determinations of which lands are best suited for water-dependent/water-related industry shall be made on the basis of the following location criteria:

(1) Channel access;

(2) Rail access;

(3) Major road access;

(4) Size of land area;

(5) Physical characteristics of site (e.g., grade, soil type, hydrology, etc.);

(6) Size of ownership units;

(7) Present and historical use and projected growth patterns; and

(8) Environmental factors.

k. All new or expanded upland industrial development shall be set back and buffered from adjacent shoreline properties which are used for nonindustrial purposes. Buffers shall be of adequate width, height and plant and soil composition to protect shorelines and such other properties from visual or noise intrusion, minimize erosion and protect water quality. New or expanded industrial development shall be set back and buffered from the shoreline except those water-dependent portions of the development which require direct access to the water or shoreline. Any adverse impacts are to be minimized.

l. Buffers shall not be used for storage of industrial equipment or materials, nor for waste disposal, but may be used for outdoor recreation if consistent with public access and other provisions of the master program.

m. Onshore port and/or industrial development on marine shores (less than twenty feet above mean sea level) shall be flood-proofed for protection against flood damage from storm tides and surges, and in consideration of long-term sea level rise.

n. Consistent with other provisions of this master program, ports and/or water-dependent industry shall provide public access to the shoreline and/or provide opportunities for public viewing of the industrial activity whenever feasible and safe.

o. Display and other exterior lighting shall be designed, shielded, and operated to minimize glare, avoid illuminating nearby properties and prevent hazards for public traffic.

5. Regulations – Log Storage.

a. Unpaved storage areas underlain by permeable soils shall have at least a four-foot separation between the ground surface and the highest seasonal water table.

b. Berms, dikes, grassy swales, vegetated buffers, retention ponds or other means shall be used to ensure that surface runoff is collected and discharged from the storage area at one point, if possible. It shall be demonstrated that state water quality standards and/or criteria will not be violated by such runoff under any conditions of flow leaving the site and entering into nearby watercourses. If such demonstration is not possible, runoff treatment facilities which meet state and federal standards shall be provided.

c. Offshore log storage, when allowed, shall be located where natural tidal or current flushing and water circulation are optimal to disperse polluting wastes.

d. Log storage shall not be permitted in public waters where water quality standards cannot be met at all times or where these activities are a hindrance to other beneficial water uses such as small craft navigation.

e. The free-fall, violent dumping of logs into water shall be prohibited. Easy let-down devices shall be employed for placing logs in the water.

f. Bark and wood debris control, collection and disposal methods shall be employed at log dumps, raft building areas and mill-side handling zones. This shall be required for both floating and sinking particles.

g. Log dumps shall not be located in rapidly flowing waters or other water zones where effective bark and debris controls cannot be provided.

h. Bark and other debris shall be kept out of the water, and immediately removed if accidentally allowed to enter the water.

i. Logs shall not be dumped, stored or rafted where grounding will occur.

j. Where water depths will permit the floating of bundled logs, they shall be secured in bundles on land before being placed in the water. Bundles shall not be broken again except on land or at millside.

6. Regulations – Ship and Boat-Building and Repair Yards.

a. The yard shall employ best management practices (BMP’s) concerning the various services and activities it performs and its impacts on the surrounding water quality. Standards for BMP’s are found in Water Quality Best Management Practices (City of Seattle, June 30, 1989) and will be referred to in the following text as “BMP.” References to the manual are included. The following are required:

(1) The yard shall be cleaned on a regular basis to minimize loss of accumulated debris and sandblasting material to adjacent waters;

(2) Catch basins in the drainage system shall be inspected on a monthly basis and cleaned as necessary;

(3) Containers storing dangerous wastes or other liquid shall be placed inside a building unless impractical due to site constraints. If placed outside BMP 1.50 (described in Part III) shall be used.

(4) Cleanup of spills shall begin immediately. No emulsifier or dispersant is to be used. Oil and hazardous spills are to be cleaned according to the Spill Prevention Control and Countermeasure Plan (BMP R.8 and Part V). Oil-containment booms shall be available for immediate usage.

(5) Drip pans or other equivalent protective devices shall be required for all transfers of oil, solvents and paints, and for paint mixing (BMP 1.30 in Part III).

(6) Paint and solvents shall not be mixed on floats.

(7) Floatable and low-density waste such as wood, plastic, insulation, etc. shall be removed from the dry-dock floor prior to flooding or sinking, and from the marina railway carriage and ramp before launching. Large-density items may remain in place when between the wing walls of the dry-dock.

(8) Dust and over spray shall be prevented from falling into the water to the degree feasible during abrasive blasting and spray painting. Feasible methods include plastic barriers beneath the hull, between the hull and dry-dock wingwalls; plastic barriers hung from the flying bridge of the dry-dock, from the bow or stern of the vessel or from temporary structures erected for that purpose.

(9) The bottom edge of the tarpaulins and plastic sheeting shall be weighted during a light breeze. When sandblasting, plywood and/or plastic sheeting shall be used to cover openings and open areas between decks including but not limited to scuppers, railings, freeing ports, ladders and doorways.

(10) Prior to flooding of the dry-dock when a vessel is to be removed, accessible areas of the dry-dock are to be swept clean of debris. After a vessel has been removed and the dock raised, the remaining areas shall be cleaned.

(11) Shipboard cooling and process water shall be directed so as to minimize contact with spent abrasive, paint and other debris. Dock hosing shall be minimized when debris is present. When hosing occurs, methods shall be incorporated to prevent accumulation of debris in the drainage system.

(12) Leaking connections, valves, pipes, hoses and soil chutes carrying either water or waste water shall be replaced or repaired immediately.

(13) Bilge and ballast-water discharges shall not cause any visible sheen on receiving waters and shall not exceed an oil and grease concentration of 15 mg/l.

(14) Ballast water shall not be discharged to state waters if solvents, detergents, or other additives have been added unless a state water-quality variance has been granted specific to that instance.

(15) To the maximum extent practical, all activities are to be enclosed or covered.

(16) Above-ground storage tanks shall incorporate BMP’s to prevent contamination of surface and ground waters (BMP 1.40 in Part III).

(17) Signs shall be painted on storm drain inlets to indicate that they are not to receive liquid or solid wastes.

(18) Businesses generating dangerous wastes shall properly segregate and dispose the wastes as required by the Department of Ecology (BMP R.4 in Part V).

(Res. 27-1999 Exh. A, Part VII (P), 1999)

22.28.210 Recreational floats.

1. Definition. Anchored floating platforms for water-dependent recreational activities such as swimming, diving, etc.

2. Policies.

a. Joint use of recreational floats is encouraged.

b. Recreational floats should be located as close to the shore as possible so navigation is not impeded.

c. Recreational floats should be discernible day and night to prevent hazards to navigation.

d. Recreational floats should not be used for moorage.

3. Environments and Permit Requirements.

a. Recreational floats are permitted subject to a SDP in the urban, semi-rural, rural, conservancy, and conservancy-public lands environments.

b. Recreational floats are prohibited in the natural environment.

4. General Regulations.

a. Recreational floats shall be readily discernible under normal daylight conditions to the unaided eye at a minimum distance of one hundred yards and must be marked for night-time visibility.

b. Private recreational floats shall be a maximum of sixty-four square feet in size and shall not be permitted to rest landward of mean lower low water.

c. Joint-use recreational floats shall be a maximum of two hundred square feet and shall not be permitted to rest landward of mean lower low water.

d. Community recreational floats associated with public parks and other recreational facilities shall be a maximum of three hundred square feet in size and shall not be permitted to rest landward of mean lower low water.

e. Recreational floats shall be located no further waterward than existing floats and mooring buoys and shall not be used for permanent moorage.

f. Floats shall be located so that the anchor and chain do not impact eelgrass beds.

(Res. 27-1999 Exh. A, Part VII (Q), 1999)

22.28.220 Recreation.

1. Definition. The refreshment of body and mind through forms of play, amusement, or relaxation.

2. Policies.

a. Recreational development should be located, designed, and operated to minimize adverse impacts on the environment.

b. Publicly owned lands with recreational potential, if not developed for recreational purposes or held in trust for future use, should be leased rather than sold.

c. Publicly owned property which provides shoreline access should be retained for public use.

d. Publicly owned street ends on property which provide shoreline access should be retained for public use as required by RCW 35.79.035 or RCW 36.87.130.

e. Publicly owned tidelands, tax-defaulted tidelands, surplus federal tidelands and other available tidelands should be obtained and retained for public use.

f. Shoreline areas or access sites with a high potential for recreation should be obtained by lease or purchased for public use.

g. Priority should be given to obtaining recreational facilities near and in urban centers and other heavily populated areas.

h. Public agencies, private individuals, groups, and developers should be encouraged to coordinate recreational projects to satisfy their recreational needs mutually with joint-use facilities.

i. Priority should be given to developments which provide recreational uses and other improvements which provide public access to the shoreline.

j. To avoid wasteful use of recreational shoreland, parking areas should be located inland, away from the immediate edge of the water and recreational beaches.

k. Linkage of shoreline parks and public access points should be encouraged through the use of linear access.

3. Environments and Permit Requirements.

a. Recreational facilities which meet the definition of substantial development are permitted subject to a SDP in the urban, rural, semi-rural, conservancy-public lands and conservancy environments.

b. Active recreational facilities are prohibited in the natural environment. Passive and educational recreational facilities which meet the definition for a substantial development are permitted subject to a SDP in the natural environment.

4. General Regulations.

a. Recreational areas on the shoreline shall be for water-dependent activities such as swimming, diving, etc. However, non-water-related uses which provide an opportunity for a substantial number of people to enjoy the shoreline shall be allowed.

b. Vehicular traffic is prohibited on beaches, bars, spits and streambeds, except for permitted construction and boat launching, except in areas where it can be demonstrated that a historical use has been established.

c. Trail access shall be provided to link upland facilities to the beach area.

d. Public road-ends at the shoreline shall be preserved for public access.

(Res. 27-1999 Exh. A, Part VII (R), 1999)

22.28.230 Residential development.

1. Definition. The construction or exterior alteration of one or more buildings, structures or portions thereof which are designed for or used to provide a place of abode for human beings. Residential development includes one- and two-family detached structures, multi-family structures, condominiums, townhouses, mobile-home parks, and other similar group housing, together with accessory dwelling units, accessory uses and structures common to residential uses. Residential development does not include hotels, motels, bed and breakfasts, or any other type of overnight or transient housing or camping facilities.

2. Policies.

a. Residential development should be compatible with the character of the shoreline environment.

b. Adequate distance between the ordinary high water mark and residential development should be maintained to protect water quality, protect natural systems, and insure preservation of the integrity of the shoreline environment. Placement of structures should be located on property so as to avoid the necessity for shore protection structures.

c. Residential development shall be consistent with the purpose and intent of the applicable environment designation.

d. Sewage disposal, storm drainage, and water supply facilities should be in compliance with local and state health regulations.

e. Residential development should provide, preserve, or restore shoreline vegetation for control of erosion, slope stability, and habitat.

f. Joint use of shoreline access and shoreline facilities should be encouraged.

g. Lot area should be calculated using only those lands landward of the ordinary high water mark.

h. Proposed residential developments, should be consistent with the adopted comprehensive development plan.

3. Environments and Permit Requirements.

a. Single-family residential developments are permitted subject to a SDP in the urban, semi-rural and rural environments.

b. Accessory dwelling units, subdivisions and multi-family residential developments are permitted subject to a SDP in the urban, semi-rural and rural environments. Accessory dwelling units, multi-family residential developments and subdivisions may be permitted subject to a SDP and CUP in the conservancy environment.

c. Single-family residential developments may be permitted subject to a SDP and CUP in the conservancy.

d. Residential development, with the exception of a caretaker’s quarters, is prohibited in the conservancy-public lands environment and the natural environment.

e. Multi-family residential development is prohibited in the conservancy-public lands and natural environments.

4. General Regulations.

a. Adequate distance between the ordinary high water mark and residential development shall be maintained to protect water quality, protect natural systems, and insure the integrity of the shoreline environment.

b. Residential development shall be consistent with the purpose and intent of the applicable environment designation.

c. Setback and buffer requirements for residential development shall be based on the minimum criteria set forth within the Critical Areas Ordinance (Title 19 of this code) in addition to the site specific critical areas requirements.

d. The placement of residential development on property shall be designed so as to make the installation of shore protection structures unnecessary.

e. Sewage disposal and water systems shall be in compliance with state and local health regulations.

f. Septic systems shall not occur within one hundred feet of a biological wetland.

g. Surface water drainage shall comply with the Kitsap County Storm Water Management Ordinance (Chapters 12.04 through 12.32 of this code).

h. Where applicable, the following shall be submitted with permit applications.

(1) All applications shall provide for a silt and erosion control plan during construction;

(2) When applicable, all applications shall include a plan for permanent drainage and erosion control;

(3) When applicable, all applications shall include a geological or geotechnical report pursuant to the Critical Areas Ordinance (Section 19.700.010, Special Reports).

i. In addition to the applicable general regulations depicted within this section, subdivisions and multi-family residential development shall provide for:

(1) Public access;

(2) Joint or community use and access to the shoreline and shoreline improvements.

j. Residential development shall not be permitted over the water, except as follows:

(1) Pre-existing structures (those enclosed over-the-water structures existing prior to June 1, 1971, which are located landward of extreme low tide on piers) may be considered for conversion into a single-family residence or accessory living quarters, provided that the applicant can demonstrate the following:

(a) The intended residential use of the structures will not adversely affect the shoreline environment or the adjacent properties, and will be compatible with the current upland and shoreline uses and the surrounding character of the area;

(b) The structure shall not be expanded beyond its existing size.

(c) A CUP is required for those enclosed over-the-water structures existing prior to June 1, 1971, which are located landward of extreme low tide.

(Res. 27-1999 Exh. A, Part VII (S), 1999)

22.28.240 Road, railroad and bridge construction.

1. Definition. A road is a passageway, usually for motor vehicles, and a railroad is a passageway with tracks or rail for train traffic.

A bridge is a structure spanning a body of water, a river, chasm, road, or the like and affording passage.

2. Policies.

a. Whenever feasible, major highways, freeways, and railways should be located away from shorelands, except in port and heavy industrial areas.

b. Roads, railways and bridges should cross shoreline areas by the shortest most direct route, unless such route would cause significant environmental damage.

c. Scenic corridors within public roadways should have provision for safe pedestrian and other nonmotorized travel. Provision should be made for sufficient view points, rest areas, and picnic areas in public shorelines. In addition, bike paths and walking paths shall be incorporated into road designs.

d. Extensive loops or spurs of old highways with high aesthetic quality should be kept in service as pleasure bypass routes, especially where main highways paralleling the old highway must carry large traffic volumes at high speeds.

e. Locations of roads and bridges should be planned to fit the topography so that minimum alterations of natural conditions will be necessary.

f. Roads and bridges located in wetland areas should be designed and maintained to prevent erosion and to permit the natural movement of ground water.

g. All debris, overburden and other waste material from construction should be disposed of to prevent their entry into any water body by erosion or other means.

h. Roads, railroads and bridges should be located to prevent re-routing of stream and river channels, except temporary re-channelization during construction.

i. Roads, railroads, and bridges should be located to maintain fisheries utilization of the area, if applicable.

3. Environments and Permit Requirements.

a. Roads, railroads, and bridges are permitted subject to a SDP in the urban, rural and semi-rural environments.

b. Roads, railroads, and bridges may be permitted subject to a SDP and CUP in the conservancy, and conservancy-public lands environments.

c Roads, railroads and bridges are prohibited in the natural environments.

4. General Regulations.

a. Roads and railroads shall conform to the following:

(1) Need for a shoreline location shall be demonstrated, no reasonable upland alternative exists.

(2) Construction shall be designed to protect the adjacent shoreline from erosion, uncontrolled or polluting drainage and other factors detrimental to the environment both during and after construction.

(3) The project shall be planned to fit the existing topography as much as possible, thus minimizing alterations to natural resources and biological wetlands.

(4) All debris, overburden and other waste materials from construction shall be disposed of to prevent their entry into any water body.

(5) When public roads afford scenic vistas, viewpoint areas shall be provided. Scenic corridors shall have sufficient provision for safe pedestrian and nonmotorized travel.

(6) Culverts shall be designed to meet a one-hundred-year storm event.

b. Bridge construction shall conform to the following:

(1) Bridge approach fill shall not encroach in the floodway of any stream or river.

(2) Any disturbed bank material shall be removed from the channel and any soils exposed by bridge construction shall be protected from erosion by planting appropriate ground cover, by rip-rap or other means.

(3) All bridges shall be high enough to pass anticipated high water flows.

(4) All bridges shall include sidewalks for pedestrian use.

c. Private road construction and maintenance shall conform to the following standards:

(1) Road subgrade widths shall be the minimum commensurate with the intended use. Roads shall be designed by a licensed engineer.

(2) Roads shall follow natural contours, where possible.

(3) Fill shall consist of inorganic material.

(4) Erodible cuts and filled slopes shall be protected and maintained by ground cover following construction.

(5) Culverts shall be designed and located to prevent adverse impacts on fisheries.

(6) Disruption of biological wetlands shall be avoided.

(7) Drainage requirements shall be subject to the requirements of Kitsap County public works.

(8) Geotechnical reports may be required.

(Res. 27-1999 Exh. A, Part VII (T), 1999)

22.28.250 Shore protection structures and bluff stabilization.

1. Definition.

a. Shore protection structures including both structural and nonstructural construction for the purpose of minimizing erosion to adjacent uplands from the action of waves or currents. These structures are commonly placed at or near the line of ordinary high water.

b. Bluff stabilization involves the use of structural measures to prevent slope failures. Bluff stabilization includes the placement of retaining wall structures and slope regrading.

2. Policies.

a. Property owners are encouraged to seek methods of shore protection and bluff stabilization using nonstructural methods as opposed to structural solutions such as bulkheads. Nonstructural methods include, but are not limited to, maintaining slope vegetation, controlling surface and sub-surface water drainage courses, planting beach grasses, constructing gravel berms, constructing slope drainage systems, interplanting vegetation into rock bulkhead structures, and beach nourishment. If such nonstructural methods prove to be successful, no bulkhead shall be permitted.

b. Kitsap County strongly encourages the placement of any structural shore protection to be landward of the ordinary high water mark.

c. Applications for shore protection will be reviewed pursuant to comments made by the Washington Department of Fish and Wildlife pertaining to impacts on fish habitat.

d. Shore protection structures should be located and constructed to minimize adverse effects on nearby beaches and to minimize alterations of the shoreline. Shoreline hardening should be avoided on feeder bluffs.

e. Bulkheads should not be constructed to create upland. Proposals for landfill associated with construction of bulkheads must comply with Section 22.28.150, “Landfill.”

f. Placement of bulkheads should follow the natural contour of the existing shoreline and should minimize effects on adjoining property.

g. Bluff stabilization structures shall be permitted only for the protection of existing upland improvements.

3. Environments and Permit Requirements.

a. Shore protection structures are permitted subject to a SDP in the urban, semi-rural, rural and conservancy-public lands environments.

b. Shore protection structures may be permitted subject to obtaining a SDP and CUP in the conservancy environment.

c. Bluff stabilization structures are permitted subject to obtaining a SDP in the urban, semi-rural, rural, and conservancy-public lands environment.

d. Bluff stabilization structures may be permitted subject to obtaining a SDP and CUP in the conservancy environment.

e. Shore protection structures and bluff stabilization structures are prohibited in the natural environment.

4. General Regulations.

a. The shoreline administrator shall review applications for shore protection and bluff stabilization structures taking into account comments made by the Washington Department of Fish and Wildlife and other resource agencies with expertise pertaining to impacts to fish habitat, beach processes, slope stabilization.

b. Shore protection structures shall be located and constructed to minimize adverse effects to nearby beaches and to minimize alterations of the shoreline.

c. The proposal to place the shore protection structure shall include an assessment of cumulative impacts.

d. Bulkheads shall not be constructed to create land. Proposals for landfill associated with construction of bulkheads shall comply with Section 22.28.150, “Landfill.”

e. All applicants must obtain a building permit, and the proposal shall be consistent with the Critical Areas Ordinance (Title 19 of this code).

f. Applications for shore protection and bluff stabilization shall include the following information:

(1) Type of shore protection;

(2) Tidal elevations and line of ordinary high water;

(3) Purpose of shore protection;

(4) Direction of net longshore drift (when appropriate);

(5) Plan and profile of existing bank and beach;

(6) Profile of adjacent existing bulkhead;

(7) Soil study, if applicable;

(8) Type of existing near shore vegetation;

(9) Drainage analysis;

(10) Geotechnical site evaluation pursuant to the Critical Areas Ordinance (Section 19.700.010, Special Reports); and

(11) Upland, onsite improvements and any existing shoreline structures.

g. Placement of bulkheads shall follow the natural contour of the existing shoreline, be parallel to and at or above the line of ordinary high water.

h. Shoreline bulkheads and bluff stabilization walls shall only be utilized as an engineering solution where it can be demonstrated that an existing residential structure can not be safely maintained without such measures. Bluff stabilization structures shall be permitted only for the protection of existing upland improvements.

i. Approval of the proposal may include conditions and restrictions which mitigate site disruption:

(1) Timing restrictions;

(2) On-site erosions control;

(3) On-site monitoring;

(4) Any unreasonable disturbance caused by the installation of a bulkhead or retaining structure shall be mitigated through restoration and enhancement efforts.

(5) Engineered completion report.

(Res. 27-1999 Exh. A, Part VII (U), 1999)

22.28.260 Stream modification.

1. Definition. An activity occurring along shoreline streams and their associated and wetland areas which is designed to reduce over-bank flow of high waters and stabilize eroding streambanks.

2. Policies.

a. Installation and maintenance of flood-protection activities should protect or improve the existing natural character of the stream way.

b. The water quality and level of lakes and ponds should be maintained to protect fish and other aquatic life.

c. Soil engineering techniques that maximize vegetation coverage which would result in vegetated shoreline on stream banks should be encouraged.

3. Environments and Permit Requirements. Stream modification activities are prohibited in all environments except to protect life, property or habitat when endangered by log jams and other obstructions in stream ways. With respect to this declaration:

a. Stream modification activities may be permitted subject to a CUP in the urban, semi-rural, rural, conservancy-public lands and conservancy environments.

b. Stream modification activities are prohibited in the natural environment.

4. General Regulations.

a. Stream modification activities, where allowed, shall be located, designed and constructed to avoid change in the normal course of the stream bed.

b. Flood-protection measures such as dikes shall be placed landward of the floodway and associated swamps or marshes and other wetlands.

c. The applicant shall undertake shoreline protection projects only after receiving hydraulic project application approval from the Washington Department of Fish and Wildlife.

(Res. 27-1999 Exh. A, Part VII (V), 1999)

22.28.270 Solid waste disposal.

1. Definition. The discharge, deposit, injection, dumping, or placing of any solid or hazardous waste on any land area or in the water.

2. Policies. Solid waste disposal should be prohibited on the shoreline.

3. Environments and Permit Requirements. Solid waste disposal is prohibited in any environment.

4. General Regulations. Solid waste disposal is prohibited in shoreline jurisdictions. Solid waste shall be recycled, or disposed of at a permitted waste disposal facility only.

(Res. 27-1999 Exh. A, Part VII (W), 1999)

22.28.280 Utilities.

1. Definition. Services which carry electric power, gas, sewage, water, communications, oil, including drainage conveyances and swales.

2. Policies.

a. Utilities should be located to serve the present and future population in areas planned to accommodate growth. To the maximum extent feasible, utility trunk-lines and facilities should be located outside the shoreline area.

b. Whenever utilities must be placed on a shoreline, the choice of location and construction should provide for protection of the shoreline environment. Upon completion of installation and maintenance projects on shorelines, banks should be restored to pre-project configuration, replanted with native species and provided maintenance care until the newly planted vegetation is established.

c. Utilities on the shoreline should be placed underground or designed to have minimal visual impact.

d. Reconstruction or replacement of existing utilities should be in compliance with the policy and regulations for new construction of utilities.

3. Environments and Permit Requirements.

a. Utilities are permitted subject to a SDP in the urban, semi-rural, rural, conservancy and conservancy-public lands environments only when they serve a permitted use.

b. Utility facilities (primary use utilities other than sewage treatment plant outfalls) such as generating plants, desalination plants, etc. may be permitted subject to a SDP in the urban and semi-rural environments, and may be permitted subject to SDP and CUP in rural, conservancy and conservancy-public lands environments.

c. Utility lines may be permitted subject to a SDP and CUP in natural environments only when they serve and existing use. Utility facilities are prohibited in the natural environment.

4. General Regulations.

a. Where utility systems cross shoreline areas, clearing of trees and vegetation for installation or maintenance shall be kept to the minimum width necessary.

b. Upon completion of installation or maintenance projects, the area affected shall be restored to pre-project configuration, replanted with native or pre-existing species and provided with maintenance care until the newly planted vegetation is established.

c. All new replacement utility lines shall be underground, except where it can be shown not to be feasible.

5. Sewage Treatment Plant Outfalls.

a. Definition. Facilities which discharge treated wastewater effluent into surface waters.

b. Policies.

(1) Sewage treatment plant outfalls that must be located in the shoreline environment should be properly installed so as to protect the shoreline and water from contamination and degradation.

(2) Sewage treatment plant outfall facilities should be designed and located in a manner which preserves the natural landscape and shoreline ecology and minimizes conflicts with present and planned land uses.

c. Environments and Permit Requirements.

(1) Sewage treatment plant outfalls are permitted subject to a SDP in the urban, semi-rural and rural environments only in those situations where upland locations are not feasible.

(2) Sewage treatment plant outfalls are prohibited in the natural, conservancy, and conservancy-public lands environments.

d. General Regulations.

(1) Where allowed, sewage treatment plant outfalls shall be below the extreme low water mark and are permitted only where adequate natural water circulation can be provided.

(2) Sewage facilities shall, when feasible, be located within existing rights-of-way.

(3) Sewage treatment plant outfalls shall, to the maximum extent possible, be located where their effluent will not negatively impact commercial and recreational shellfish and other critical habitat and marine resource areas. Mitigation may be required for any adverse impacts to fisheries and wildlife resources, natural systems and sensitive areas.

(4) All applications for sewage facilities shall include, at a minimum, the following:

(a) Reason why facility must be located in a shoreline area;

(b) Alternative locations considered and reasons for their rejection;

(d) Proposed method of construction and plans to control erosion and turbidity during construction;

(e) Plans for reclamation of areas disturbed during construction; and

(f) Possibility of locating proposed facility within existing utility right-of-way.

(5) Discharge of untreated effluent over or into the shorelines of the county is prohibited.

(Res. 27-1999 Exh. A, Part VII (X), 1999)

22.28.290 In-stream structures.

1. Definition. Facilities introduced for the impoundment, diversion, or use of water for hydroelectric generation and transmission (including both public and private facilities), flood control, irrigation, water supply (both domestic and industrial), recreational or fisheries enhancement. Both the structures themselves and their support facilities are covered by this section, which applies to their construction, operation and maintenance, as well as the expansion of existing structures and facilities.

2. Policies.

a. In-stream structures and associated facilities should provide for the protection and preservation of natural and cultural resources including, but not limited to, fish, wildlife and water resources, sensitive areas such as marshes, bogs and swamps, sensitive geologic and geohydraulic areas and waterfalls, erosion and accretion shore forms and natural scenic vistas.

b. Careful consideration should be given to avoiding or minimizing land-use conflicts to properties in shorelines jurisdictions and to properties both adjacent to and upstream and downstream from the proposed site.

c. Proposals for in-stream structures and associated facilities should give careful consideration to the design, location, security and construction of access roads, impoundment structures and reservoirs, penstocks, and power houses to minimize adverse impacts to the shoreline and the surrounding area.

d. Mitigation should be required for loss of fisheries and wildlife resources, natural systems including wetlands and sensitive areas. No net loss in the function and value of such resources, systems or areas should occur as a result of in-stream structures. When required, mitigation measures should be properly planned and monitored to ensure their effectiveness.

3. Environments and Permit Requirements.

a. In-stream structures are permitted subject to a SDP and CUP in the urban environment.

b. In-stream structures may be permitted subject to obtaining a SDP and CUP in the semi-rural, rural, conservancy, and conservancy-public lands environments.

c. In-stream structures are prohibited in the natural environment.

4. General Regulations.

a. Applications for in-stream structures shall contain, at a minimum, the following:

(1) Hydraulic analysis, prepared by a licensed professional engineer, which sufficiently describes the project’s effects on stream-way hydraulics, including potential increases in base-flood elevation, changes in stream velocity and the potential for re-direction of the normal flow of the affected stream.

(2) Biological resource inventory and analysis, prepared by a professional biologist which sufficiently describe the project’s effects on fisheries and wildlife resources.

(3) Provision for erosion control, protection of water quality and fishery and wildlife resources during construction.

(4) Long-term management plans which describe, in sufficient detail, provisions for protection of in-stream resources during construction and operation. The plan shall include means for monitoring its success.

(5) In-stream structures shall require state and federal permits.

b. All debris, overburden, and other waste materials from construction shall be disposed of in such a manner so as to prevent their entry into a water body by erosion, from drainage, high water, or other vectoring mechanisms.

(Res. 27-1999 Exh. A, Part VII (Y), 1999)