30.67.517 Boat mooring facilities – docks, piers, floats, boathouses and mooring buoys

30.67.517 Boat mooring facilities – docks, piers, floats, boathouses and mooring buoys.

Boat mooring facilities include docks, piers, floats, boathouses and mooring buoys.

(1) The following general regulations apply to new boat mooring facilities in shorelines:

(a) No boat mooring facilities shall extend into a water body in such a manner as to impede navigation or create any navigation hazard.

(b) Boat mooring facilities shall not be located on or over critical saltwater habitats or spawning areas for anadromous fish.

(c) Boat mooring facilities, except for mooring buoys, shall not be located on or over nearshore accretion areas, such as sandflats, mudflats and pocket estuaries.

(d) Structures, equipment, wastes and materials shall not be stored, disposed of or abandoned within the shoreline jurisdiction. Boats may be stored within the shoreline jurisdiction.

(e) Construction materials that come in direct contact with the water shall not be treated or coated with toxic materials. Untreated wood, precast concrete, plastic or nontoxic alternatives shall be used unless the project proponent demonstrates and the department determines that there is no feasible alternative to toxic construction materials that will provide the structural characteristics necessary for the project.

(f) Finish treatments, including but not limited to paint, stain, water-proofer, pest preventatives and preservatives used on overwater structures or on structures within 25 feet of the ordinary high water mark (OHWM) shall not result in adverse impacts to water quality.

(g) Construction shall be limited to times that will have the least disturbance on spawning, migration and rearing of salmonids and other critical species.

(h) Docks, piers and floats.

(i) Docks, piers and floats shall not deflect river currents or wave energy resulting in the undercutting of banks, erosion, or damage to adjacent or downstream properties or critical saltwater habitat.

(ii) Where feasible, moorage buoys shall be required instead of piers, docks or floats on all tidal water, except for port, industrial and commercial developments in the Urban shoreline environment designation.

(iii) Docks, piers and floats associated with water-dependent commercial or industrial uses shall be the minimum size and length necessary to accommodate the proposed use.

(iv) Commercial and industrial docks upon which toxic or flammable materials are handled or stored shall make adequate provisions to minimize the possibility of an accidental spill and prepare an effective spill response plan.

(v) Joint use docks and piers shall be required for commercial and industrial enterprises in close proximity to each other, unless the applicant can demonstrate that the possibility of a multiple-owner or multiple-use facility is not feasible.

(vi) When boat mooring facilities are proposed in conjunction with new subdivisions, motels or multi-family residences, a single, joint use moorage facility shall be required.

(vii) When reviewing permit applications for new docks, piers and floats associated with single family residences, the county will consider the following:

(A) Availability and adequacy of existing community or public facilities providing access to the same shoreline water body; and

(B) The feasibility of multiple-owner or multiple-user facilities. Shared use facilities are preferred whenever possible.

(viii) Unless shared by adjacent property owners, covered private docks and boathouses shall be at least three feet from any side lot line or extension thereof. No setback from adjacent properties is required for uncovered private docks and boathouses or for private docks and boathouses shared by adjacent property owners.

(ix) Docks, piers and floats shall be located and designed as follows:

(A) Floats and floating docks shall include stops which will serve to elevate the floats above the tidelands at low tide. Floats shall be secured with anchored cables in place of pilings, where feasible.

(B) Docks, piers and floats are not allowed in or over critical saltwater habitat.

(C) Shortening, lengthening, narrowing, or reducing the area of a dock, pier or float shall be required as necessary to ensure that:

(I) The structure does not extend over-water in such a manner as to impede navigation or create a navigation hazard; and

(II) The structure avoids disturbing or shading significant freshwater aquatic vegetation communities or critical saltwater habitat.

(D) Increase or decrease of the height of the dock, pier or float may be required to allow for the penetration of light to reduce impacts to habitat related to shading.

(E) Pier and dock requirements for marine shorelines.

(I) Piers and docks located on marine shorelines shall be the minimum size required to provide for moorage.

(II) Single-family piers or docks shall not exceed 90 feet in length measured perpendicularly from the OHWM. Shared moorage may extend up to 110 feet in length if demonstrated to be necessary to provide adequate moorage.

(III) The maximum width of each pier or dock shall be six feet.

(IV) The maximum width of walkway ramps shall be four feet.

(V) Walkway ramps shall be fully grated.

(F) Pier and dock requirements for lake shorelines.

(I) The maximum waterward intrusion of any portion of any pier or dock shall not extend further waterward than the average intrusion of the piers or docks on lots abutting the location of the new dock as measured perpendicularly from the OHWM unless an alternative dimension is required to prevent impacts to critical habitat or navigation. In no circumstances, including when no docks exist on abutting properties, shall the maximum waterward intrusion of any portion of the pier or dock extend more than 80 feet from the OHWM, or the point where the water depth is eight feet below the elevation of the OHWM, whichever is reached first.

(II) The maximum width of each pier or dock shall be six feet, or up to eight feet on joint use docks.

(III) The maximum width for piers and docks shall be four feet for the first 30 feet from the OHWM of any lake that contains salmonids.

(G) Pier and dock requirements for river shorelines.

(I) Pier and dock dimensions shall be the minimum necessary to accommodate the proposed use.

(II) Piers and docks shall not impede navigation, water flow, or transport of sediment and debris, and shall not result in acceleration of erosion on adjacent or opposite banks.

(III) Construction timing shall not coincide with migration or spawning of anadromous fish.

(H) Float requirements.

(I) One float per single-family residence and no more than one common use float for each new multifamily development, short subdivision or subdivision is permitted.

(II) No portion of a float shall be placed more than 45 feet waterward of the OHWM on lake shorelines.

(III) Retrieval lines shall not float at or near the surface of the water.

(IV) No float shall have more than 100 square feet of surface area.

(I) Construction materials for docks, piers or floats shall meet the following requirements:

(I) The decking of all docks, piers or floats shall be designed to allow for a minimum of 40 percent open spacing through grated decks, space between decking, light prisms, or other means.

(II) If plastics or other non-biodegradable materials are used, containment features in the design of the structures are required.

(III) Any part of a dock, pier or float that comes in direct contact with the water shall not be treated or coated with toxic materials. Untreated wood, precast concrete, plastic or nontoxic alternatives shall be used unless the project proponent demonstrates and the department determines that there is no feasible alternative to toxic construction materials or finishes that will provide the structural characteristics necessary for the project.

(IV) Skirting is not permitted.

(i) Boathouse, private, noncommercial.

(i) The height of any covered, over-water structure shall not exceed 12 feet as measured from the OHWM.

(ii) The total area including building and possible pier walkway of covered, over-water structures shall not exceed 500 square feet.

(iii) The entirety of the over-water structure shall have a width no greater than 25 percent of the width of the lot at the natural shoreline upon which it is located.

(iv) Maximum extent for any boathouse is 25 feet beyond the mean low waterline.

(v) Structures permitted hereunder shall not be used as a dwelling, except as provided in SCC 30.67.570(2)(g).

(vi) Unless shared by the adjacent property owner, covered boathouses shall be at least three feet from the side lot line or extension thereof. No setback from adjacent properties is required for structures shared by adjacent property owners.

(vii) All boathouses shall consist of a roof and support beams and necessary pier walkways and piling supports. Side walls are prohibited.

(viii) Translucent boat canopies shall be used when possible in lieu of constructing a new boathouse.

(i) Mooring buoys shall not be located on or over critical saltwater habitats.

(ii) Except as prohibited in subsection (1)(j)(i) of this section, mooring buoys may be located on or over nearshore accretion areas, such as sandflats, mudflats and pocket estuaries.

(iii) Mooring buoys shall be located to minimize impacts on navigation.

(iv) Mooring buoys shall be reasonably visible to boaters.

(2) In addition to the general regulations contained in subsection (1) of this section, the following shoreline environment designation-specific regulations for new boat mooring facilities apply:

(a) Urban. All boat mooring facilities are permitted.

(i) Public or commercial docks and piers, and boathouses are prohibited; and

(ii) Floats, mooring buoys, and private docks are conditionally permitted.

(i) Boathouses are conditionally permitted; and

(ii) Docks, piers, floats and mooring buoys are permitted.

(e) Municipal Watershed Utility. All boat mooring facilities are prohibited.

(f) Natural. All boat mooring facilities are prohibited.

(i) Private docks, floats and mooring buoys are:

(A) Permitted when the adjacent shoreland is designated Urban, Rural Conservancy or Resource;

(B) Conditionally permitted when the adjacent shoreland designation is Urban Conservancy; and

(ii) Public or commercial docks, piers or boathouses are conditionally permitted only if the adjacent shoreland designation is Urban, Rural Conservancy or Resource.

(iii) Private boathouses are:

(A) Permitted when the adjacent shoreland designation is either Urban or Rural Conservancy;

(B) Conditionally permitted when the adjacent shoreland designation is Resource; and

(C) Prohibited when the adjacent shoreland designation is either Urban Conservancy, Municipal Watershed Utility or Natural.

(3) Moorage on waters of the state without a lease or permission from the state Department of Natural Resources is restricted by the state and mitigation of impacts to navigation and access is required. If the county becomes aware of unauthorized moorage on waters of the state, the department will notify the state Department of Natural Resources. (Added by Amended Ord. 19-020, July 3, 2019, Eff date Oct. 14, 2019).