30.67.575 Shoreline and bank stabilization

30.67.575 Shoreline and bank stabilization.

Shoreline and bank stabilization measures are used to reduce sedimentation and erosion.

(1) The following general regulations apply to shoreline and bank stabilization within shorelines:

(a) Normal maintenance or repair of existing shoreline and bank stabilization structures is allowed. When normal maintenance or repair of structural shoreline and bank stabilization measures consists of replacement, such replacement must comply with subsection (1)(b) of this section.

(b) New, enlarged or replacement structural shoreline and bank stabilization measures may only be used when:

(i) Application materials demonstrate the purpose of the measures is to protect:

(A) Existing primary structures, utilities, roads and bridges;

(B) New utilities or public bridges and transportation structures allowed pursuant to SCC 30.62B.330(3);

(D) Projects where the sole purpose is to protect or restore shoreline ecological functions; and

(ii) A geotechnical analysis conducted by a qualified engineer or geologist with experience evaluating and constructing nonstructural stabilization techniques demonstrates that:

(A) Nonstructural shoreline and bank stabilization solutions are not feasible;

(B) Structural shoreline and bank stabilization is necessary to provide protection from erosion caused by natural processes such as tidal action, currents, waves or channel migration and that the erosion is not caused by upland conditions, such as loss of vegetation and drainage;

(D) The erosion rate exceeds that which would normally occur in a natural condition and that the structural shoreline and bank stabilization measure would not interfere with hydrological and geomorphologic processes normally acting under a natural condition; and

(E) There is a showing of immediacy, measured by a significant possibility that the primary structure will be damaged within three years as a result of shoreline erosion in the absence of hard forms of structural shoreline and bank stabilization, or a showing that waiting until the need is immediate would foreclose the opportunity to use measures that avoid impacts on ecological functions. Where the geotechnical analysis confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as within three years, the analysis may be used as support of an immediate need to protect against erosions using soft forms of structural shoreline and bank stabilization.

(i) Comply with the guidelines in the Marine Shoreline Design Guidelines (Washington State Department of Fish and Wildlife, March 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);

(ii) Not alter natural hydraulic or sediment transport processes to the extent that downstream, downdrift or adjacent properties are damaged; and

(iii) Not cause a net loss of shoreline ecological functions. Mitigation is required for any adverse impacts to shoreline ecological functions including, but not limited to shoreline hydraulic processes such as littoral drift and channel migration, recruitment of beach materials from feeder bluffs and sediment transport.

(d) Construction of shoreline and bank stabilization measures shall meet the following criteria:

(i) The size and quantity of material constituting the shoreline and bank stabilization structure shall be the minimum necessary;

(ii) Beach materials shall not be used to backfill bulkheads, seawalls and other shoreline and bank stabilization structures;

(iii) Construction materials shall not contain, or be treated or coated with toxic materials;

(iv) Shoreline and bank stabilization structures shall not be used for the indirect purpose of creating land. When fill is required behind an already existing structure, it shall not extend water-ward of the ordinary high water mark unless otherwise permitted by this chapter;

(v) Shoreline and bank stabilization structures shall be located landward of the ordinary high water mark, landward of the storm berm, and generally parallel to the natural shoreline except:

(A) On bluff or bank shorelines where no other armoring structures are adjacent, such structures shall be as close to the toe of the bank as possible;

(B) Where there are shoreline and bank stabilization structures on adjacent properties, the proposed structure shall be tied in flush, except where adjoining structures extend water-ward of the ordinary high water mark;

(C) Replacement walls or bulkheads shall not encroach water-ward of the ordinary high water mark or water-ward of the existing structure unless the residence was occupied prior to January 1, 1992 [per RCW 90.58.100(6)]. In such cases, the replacement structure shall abut the existing shoreline and bank stabilization structure and any adversely impacted shoreline ecological functions shall be mitigated. If critical saltwater habitats or shoreline ecological functions would be adversely impacted by leaving the existing structure, the structure shall be removed as part of the replacement measure; and

(D) Nonstructural shoreline and bank stabilization measures that provide restoration of shoreline ecological functions may be allowed water-ward of the ordinary high water mark; and

(vi) Publicly financed or subsidized shoreline and bank stabilization structures shall include provisions for public access as required under SCC 30.67.330.

(2) In addition to the general regulations in subsection (1) of this section, the following shoreline environment designation-specific regulations for shoreline and bank stabilization measures apply:

(A) Non-structural shoreline and bank stabilization measures associated with an ecological enhancement or restoration project are permitted.

(B) All other non-structural shoreline and bank stabilization measures are conditionally permitted.

(A) Structural shoreline and bank stabilization measures associated with an ecological enhancement or restoration project or protection of an existing primary structure are conditionally permitted.

(B) All other structural shoreline and bank stabilization measures are prohibited.

(i) Non-structural. Non-structural shoreline and bank stabilization measures are permitted.

(ii) Structural. Structural shoreline and bank stabilization measures are permitted when:

(A) The new or enlarged structural bank stabilization measure is necessary to protect ecological enhancement or restoration projects when non-structural protection measures are not feasible;

(B) Normal maintenance and repair of the structural shoreline and bank stabilization measure does not include replacement; or

(C) The replacement structural shoreline and bank stabilization measure is not enlarged or will improve shoreline ecological functions.

(iii) Any new, enlarged or replacement structural shoreline and bank stabilization measure that does not meet the criteria in subsection (2)(b)(ii) of this section is conditionally permitted. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 19-020, July 3, 2019, Eff date Oct. 14, 2019).