The Washington State Department of Ecology (Ecology) has mandated that all local jurisdictions update their Shoreline Master Programs (SMP) to meet Ecology’s new SMP requirements established in WAC 173-26.

 

Shorelines within the State of Washington are governed by the Shoreline Management Act (SMA), which establishes goals, polices and regulations that regulate uses and development within 200 feet of shorelines. To implement the SMA, Ecology establishes the SMP requirements through WAC 173-26. These requirements address a variety of issues including shoreline uses, modifications, public access, vegetation conservation, critical areas, flood hazard reduction, water quality, and archeological and historic resources.

 

The update process and policy outcomes must comply with the new requirements established by Ecology under the SMA.

The SMA establishes three major policy goals for SMPs:

The shorelines regulated by the SMA are Lake Washington, Lake Union, the Ship Canal, the Duwamish River, Elliott Bay, Puget Sound, Green Lake and all associated wetlands and flood plains. The SMP regulates uses and development over these waters and on dry land within 200 feet of the shoreline. Additionally, the associated wetlands and floodplains are regulated even if they extend farther than 200 feet from the shoreline.  

 

All existing floating homes will remain conforming uses and these floating homes can be maintained, repaired, replaced and expanded within the development standards, as allowed currently. New floating home moorages will be allowed so that existing floating homes can move to other locations if they choose.

 

WAC 173-26 prohibits new overwater residences; therefore, no new floating homes will be allowed. The replacement of an existing floating home is not considered a new floating home.

 

1st draft: WAC 173-26 requires that the impacts of live-aboards on the shoreline be addressed; therefore, DPD has proposed standards for moorages that allow live-aboard uses and has proposed an allowance of 25 percent of the moorage for live-aboard use. DPD has modeled the regulations for live-aboards after the Port of Seattle regulations for live-aboards at Shilshole Bay Marina. For specific details on regulations governing live-aboards see subsections 23.60.200.B and E and Sections 23.60.214 and 23.60.219

 

2nd draft: Washington Department of Natural Resources (DNR) regulates floating homes and house barges the same and the WAC 173-26 prohibits new overwater residences; therefore, no new house barges will be allowed under the proposal. All existing house barges must be registered and treat their gray water by a date that will be determined prior to the adoption of the legislation.

 

There’s no longer a limit proposed on the number of live-aboards allowed in marinas.

 

Shoreline setbacks are currently regulated in the City’s SMP to protect views from adjacent residences and in the Environmentally Critical Areas (ECA) regulations to protect ecological functions. The current setback as regulated by the ECA is 25 feet for residences. The new regulations will require a 35 feet shoreline setback for residences and accessory structures. This new setback requirement is based on best available science to protect ecological functions. The required setbacks to protect views from adjacent residences will remain unchanged.

 

New standards for hard shoreline stabilization address new and replaced shoreline stabilization. The proposed changes to meet WAC 173-26 are as follows:

 

No new stabilization is allowed unless the foundation of a primary structure located on the property will be undermined by erosion caused by currents or tidal action within three years as determined by a geotechnical professional.

 

Replacement of existing hard shoreline stabilization is allowed for water-dependent uses that require a bulkhead for the operation of their business and for uses that are not water-dependent if the foundation of a primary structure or substantial appurtenant structure located on the property will be undermined by erosion caused by currents or tidal action within three years and where non-structural and soft engineering will not provide adequate protection as determined by a geotechnical professional.

 

For specific details on shoreline stabilization requirements see Section 23.60.188 of the draft SMP regulations.

 

The SMP Guidelines require that uses on waterfront lots be water-dependent unless the demand for water-dependent uses is less than the existing supply of waterfront lots. DPD commissioned a study to determine the supply of waterfront lots versus the demand for use of these lots by water-dependent businesses. Based on the results of this study DPD has determined that certain non-water dependent uses should be allowed on waterfront lots to help the water-dependent businesses. The uses allowed will be limited to 20 percent of the lot area and will be for uses that were identified in the report to support water-dependant businesses such as machine shops, material suppliers and repair services.

 

The state legislature mandated that all environmentally critical areas (ECA) located within 200 feet of the shoreline be regulated by the SMP rather than by ECA regulations. Therefore, the existing ECA regulations are incorporated into the SMP regulations with minor changes to meet the SMP requirements. The level of protection of the critical areas in the draft regulations will be equal to the regulations in the existing ECA regulations. For a summary of these changes see the SMP Director’s Report and for specific details on these changes see Section 23.60.156 of the draft SMP regulations

 

The proposed regulations governing public access are intended to improve the quality of the required public access. The proposed regulations prioritize the establishment of public access in locations where it is adjacent to other public areas and where it connects to trails.  The amendments also allow for the development of public access plans so that geographic areas of the shoreline can comprehensively identify good public access areas that connect along the shoreline.

 

Written comments are welcomed and encouraged. The comment period will last through December 23, 2011. Please send your written comments to Margaret Glowacki at margaret.glowacki@seattle.gov or to the following address:

Margaret Glowacki

City of Seattle – DPD

700 Fifth Ave. Suite 2000

P.O. Box 34019

Seattle, WA 98124-4019

 

A public meeting was held on the proposed changes. DPD attended many community and stakeholder meetings throughout the revision process.

 

DPD is available by invite to attend additional community group meetings to discuss the proposed changes to the SMP regulations. Please contact Margaret Glowacki via e-mail at margaret.glowacki@seattle.gov or by calling 206-386-4036.

 

Mayor McGinn will submit legislation to amend the SMP, Chapter 23.60, of the Seattle Municipal Code, to City Council in the first quarter of 2012. City Council will provide additional opportunities for public participation and will review and adopt the legislation.

 

After City Council adopts the new SMP, DPD will submit the SMP to Ecology for final review and approval. Ecology will review the SMP for consistency with WAC 173-26. If Ecology determines that Seattle’s SMP is consistent with WAC 173-26 the SMP will be enacted. If Ecology determines that Seattle’s SMP is inconsistent with WAC 173-26 Ecology will require changes to the SMP and these changes will need to be approved by City Council before the final document is approved by Ecology and the SMP regulations are enacted.