30.62A.330 Standards and requirements for activities conducted within streams, lakes and marine waters.
This section provides standards and requirements for activities conducted within streams, lakes and marine waters. Protection of streams, lakes and marine waters is inextricably linked to protection of the adjacent buffers. Standards and requirements for buffers adjacent to streams, lakes and marine waters are found in SCC 30.62A.320.
(1) Standards and requirements for streams, lakes and marine waters - no mitigation required. Any development activity, action requiring project permit or clearing that does not encroach into streams, lakes or marine waters and provides buffers consistent with the requirements of SCC 30.62A.320(1) satisfies the avoidance criteria of SCC 30.62A.310(3) and does not require mitigation.
(2) Standards and requirements for streams, lakes and marine waters - mitigation required. All actions, structures or facilities listed in this section are allowed only when they are determined to be unavoidable pursuant to SCC 30.62A.310(3), and are conducted according to the standards and requirements identified in this section. When a permit is required, an applicant must also provide a critical area study meeting the requirements of SCC 30.62A.140 and a mitigation plan meeting the requirements of SCC 30.62A.150.
(a) All development activities, actions requiring project permits and clearing shall meet the following requirements:
(i) the project shall be sited and designed to prevent the need for shoreline or bank stabilization and structural flood hazard protection measures for the life of the development;
(ii) the project shall be sited and designed to avoid the need for new or maintenance dredging; and
(iii) the project shall not obstruct the source and movement of sediment from bluffs along marine waters except as necessary pursuant to subsection (2)(b) of this section.
(b) Shoreline and streambank stabilization and flood protection measures. Shoreline and streambank stabilization and flood protection measures are only allowed to protect an existing primary structure; new or existing utilities, roads and bridges; agricultural land; or as part of a project where the sole purpose is to protect or restore wetlands, fish and wildlife habitat conservation areas or buffers. Activities allowed under subsection (2)(b) of this section shall meet the following conditions:
(i) the applicant shall submit a geotechnical report as required pursuant to SCC 30.62B.140 which establishes that the stabilization or flood protection is necessary;
(ii) non-structural measures shall be used unless a geotechnical report indicates that the only alternative is use of structural stabilization measures;
(iii) the activity shall avoid interrupting hyporheic zone continuity; and
(iv) the activity should be designed and constructed based on the guidance contained in the Marine Shoreline Design Guidelines (Washington State Department of Fish and Wildlife, 2014) and the Soft Shoreline Stabilization Shoreline Master Program Planning and Implementation Guidance (Washington State Department of Ecology, March 2014, Publication No. 14-06-009) as appropriate for the type of critical area impacted.
(c) Utility construction. For utilities permitted under Title 30 SCC and Title 13 SCC, the following additional requirements shall apply:
(i) new utility crossings shall be bored beneath types S and F streams, and channel migration zones where feasible;
(ii) underground utilities shall avoid interrupting hyporheic zone continuity;
(iii) utilities shall be contained within the developed footprint of existing roads or utility crossings, where feasible;
(iv) utilities placement shall not increase or decrease the natural rate of shore migration, channel migration or longshore sediment transport within a drift cell;
(v) utilities placement shall avoid interrupting downstream movement of wood and sediment; and
(vi) new overhead electrical facilities are allowed when no other feasible alternative exists or the alternative would result in unreasonable or disproportionate costs, and the location, design and construction minimizes impacts to streams, lakes and marine waters pursuant to SCC 30.62A.310.
(d) Road crossings are subject to the following requirements:
(i) road crossings on fish-bearing streams shall be designed according to the guidelines set forth in Water Crossing Design Guidelines (Washington Department of Fish and Wildlife, May 9, 2013) or as subsequently amended or revised; and
(ii) road crossings shall avoid interrupting natural rates of the downstream movement of woody debris and sediment.
(e) Stream conveyances. Where feasible, stream conveyances shall avoid interrupting natural rates of the downstream movement of woody debris and sediment.
(f) Docks, piers and floats are subject to the following requirements:
(i) use of toxic or treated materials that will come in contact with the water is prohibited;
(ii) construction timing shall avoid critical life cycle stages of fish and wildlife;
(iii) these structures shall avoid critical saltwater habitats; and
(iv) joint use of docks, piers and floats shall be required where feasible. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 15-034, Sept. 2, 2015, Eff date Nov. 1, 2015; Amended by Amended Ord. 19-020, July 3, 2019, Eff date Oct. 14, 2019).