Shoreline Master Program Update

First Review of Preliminary Draft Shoreline Master

Program

[Entity][Month Day, 2009]

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Shoreline Master Program Update

Why Update the SMP Now?

–Shoreline Management Act passed in 1971, adopted in 1972

–County and Cities adopted SMP in 1975, last major update 1979

–Cooperative program – state and local governments

–New State SMP rules adopted in 2003

–All local governments must update• Due in Chelan County by 2013

–County and Cities are working cooperatively

–Have State grant as early adopter on east side2

Shoreline Master Program Update

Where Does This Apply?– Shoreline Jurisdiction

• Stream ≥20 cfs, lakes ≥20 acres• Upland areas 200 feet from OHWM• Floodways and some adjacent floodplain area• Associated wetlands• Private use/development on federal lands

– New Uses• Existing shoreline uses and activities may continue

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Shoreline Master Program Update

Agenda

– SMP Requirements– Key SMP Principles– SMP Development– SMP Contents

• Environment Designations• Public Access• Vegetation Conservation• In-water Activities• Upland Activities

– Restoration Plan– Next Steps 4

Shoreline Master Program Update

SMP Requirements

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Shoreline Master Program Update

SHORELINE MANAGEMENT ACT (SMA) RCW 90.58

To prevent harm caused by uncoordinated and piecemeal development of the state’s major shorelines.

Shoreline Master Program Guidelines WAC 127-26

Shoreline Master Program (SMP) Carries out provisions of SMA

Must be approved by Dept. of Ecology, using policy of RCW 90.58.020 and

Guidelines as approval standards/criteria 6

Shoreline Master Program Update

Inventory&

Analysis

SMP- Environment Designations- Goals- Policies- Regulations

Cumulative Impacts Analysis

Local Adoption

Restoration Plan

Ecology Review and Adoption

Required Steps

Determine Jurisdiction

Public Participation

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Shoreline Master Program Update

Where Are We Now?

Inventory&

Analysis

SMP- Environment Designations- Goals- Policies- Regulations

Cumulative Impacts Analysis

Local Adoption

Restoration Plan

Determine Jurisdiction

Ecology Review and Adoption

Public Participation

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Shoreline Master Program Update

Key SMP Principles

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Shoreline Master Program Update

Key Principles of the SMP

– Balance• environmental protection• public access• water-oriented uses

– No Net Loss of Ecological Function– Preferred Uses

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Shoreline Master Program Update

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SMP Updates: Achieving No Net Loss of Ecological Function

SMP Restoration Plan

Voluntary restoration opportunities

No Net Loss – Current Baseline

On-going degradation from existing development

Unavoidable impacts from new

development

Key: Degraded Improved SMP elements

Higher

Lower

SMP UpdateFramework to achieve NNL

• Inventory & Characterization

• Environment Designation

• Development Policies & Standards

• Recommended Actions outside SMA authority

• Compliance Strategy

• Cumulative Impacts Analysis

• Restoration PlanShoreline violations

• Off-site mitigation opportunities

• Offsetting mitigation

Avoid and Mitigate Impacts

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Shoreline Master Program Update

Shorelines of State

• Preferred Uses:– Uses that control pollution &

prevent environmental damage– Uses unique to or dependent

upon use of the state's shoreline– Single family residences– Ports– Shoreline recreational uses– Water-dependent uses, e.g.

parks, marinas, piers, industrial and commercial developments

– Other uses providing an opportunity for substantial numbers of people to enjoy the shorelines

Shorelines of Statewide Significance

• Preferred Uses: Uses that– Protect the statewide interest over

local interest– Preserve the natural character of

the shoreline– Result in long-term over short-term

benefit– Protect the resources and ecology

of the shoreline– Increase public access to publicly

owned areas of the shorelines– Increase public recreational

opportunities– Other element consistent with SMA

deemed appropriate or necessary

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Shoreline Master Program Update

SMP Development

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Shoreline Master Program UpdateShoreline Master Program Update

Development of the SMP– Builds upon:

• SMP Guidelines & Consistency Analysis• Inventory/Analysis Report

– Includes: • Specific subjects requested by County and

City staff & the public– Furthers consistency with state & federal

permit requirements14

Shoreline Master Program Update

Public Involvement

– Shoreline Advisory Committee Winter 2008/2009

– Visioning Workshops Fall 2008

– Community Outreach – fliers, fairs, etc.

– Local City and County meetings with planning commissions and elected officials

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Shoreline Master Program Update

• Contents– Environment Designations– Goals– Policies– Regulations

• Structure– “Universal” Chapters 1-8– “Unique” Chapters 9-14– Differences =

• environment designations• vegetation conservation• upland development

• Intent– Meet state requirements

& local community needs– Improve consistency– Improve staff and public

usability

Preliminary Draft SMP

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Shoreline Master Program Update

Current SMP: Prepared in 1975

• Contains– Goals and Policies– Shoreline Use

Regulations– Environment

Boundaries

Pre-Draft SMP Update New Chapters

• Environment Designations (Chapter 3)• Shoreline Works & Structures divided by:

– Piers and docks (Section 5.14)– Shoreline stabilization (Section 5.18)– Breakwaters, jetties, groins and weirs

(Section 5.6)– Flood hazard reduction (Section 4.3)– In-water structures (Section 5.12)

• Ecological Protection & Critical Areas (Section 4.1)• Public Access (Section 4.4)• Vegetation Conservation (Section 4.5)• Water Quality, Stormwater & Nonpoint Pollution (Section 4.6)• Shoreline Habitat & Natural Systems Enhancement Projects (Section 5.17)

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Shoreline Master Program Update

Changes That May Affect Property Owners

• Switch from common line setback to standard setback [bullet for Cities only]

• More prescriptive requirements for shoreline vegetation protection and restoration

• Increased justification and design requirements for shoreline stabilization

• Streamlined permitting with added uses subject to SDP rather than CUP

• Reduced ambiguity and increased consistency and predictability with added detail (e.g., pier regulations, public access) 18

Shoreline Master Program Update

SMP Contents

• Environment Designations• Public Access• Vegetation Conservation• In-water Activities• Upland Activities

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Shoreline Master Program Update

Environment Designations Based On:

• Criteria in the Guidelines• Ecological condition per Inventory/Analysis• Existing and planned land use

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Shoreline Master Program Update

Environment Designations Chelan County (Section 9.3)

– Maintaining existing naming protocol• Natural• Conservancy• Rural• Urban

– Adding two new designations

• Aquatic (required)• Federal (suggested)

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Shoreline Master Program Update

Environment Designations City of Cashmere (Section 10.3)

• New designation system consistent with Guidelines recommendations

– Urban Conservancy– Shoreline Residential– High Intensity– Aquatic

• Recognizes differences in ecological function and desired land uses within the City and its UGA

• Formerly a single Urban designation 22

Shoreline Master Program UpdateShoreline Master Program Update

Environment Designations City of Chelan (Section 11.3)

• New designation system consistent with Guidelines recommendations

– Urban Conservancy– Shoreline Residential – Single-Family– Shoreline Residential – Multi-Family– High Intensity– Aquatic

• Recognizes differences in ecological function and desired land uses within the City and its UGA

• Formerly a single Urban designation 23

Shoreline Master Program UpdateShoreline Master Program Update

Environment Designations City of Entiat (Section 12.3)

• New designation system consistent with Guidelines recommendations– Urban Conservancy– Shoreline Residential– Waterfront Business

(consistency with Waterfront Plan)– High Intensity– Aquatic

• Recognizes differences in ecological function and desired land uses withinthe City and its UGA

• Formerly a single Urban designation 24

Shoreline Master Program UpdateShoreline Master Program Update

Environment Designations City of Leavenworth (Section 13.3)

• New designation system consistent with Guidelines recommendations– Natural– Urban Conservancy– Shoreline Residential– High Intensity– Aquatic

• Recognizes differences in ecological function and desired land uses within the City and its UGA

• Formerly a single Urban designation25

Shoreline Master Program Update

Environment Designations City of Wenatchee (Section 14.3)

–New designation system consistent with Guidelines recommendations

• Natural• Urban Conservancy• Shoreline Residential• Waterfront (consistency with

Waterfront Plan)• High Intensity• Aquatic

– Recognizes differences in ecological function and desired land uses within the City and its UGA

– Formerly a single Urban designation

Shoreline Master Program Update

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Shoreline Master Program Update

Public Access – Proposed Priorities

1. Maintain existing sites, facilities & easements

2. Provide new facilities or enhance existing facilities on existing public lands

3. Acquire property or easements to implement adopted public access plans or to recognize unique opportunities

4. Require physical or visual access as a condition of approval for shoreline development activities • Would need to be consistent with the level of demand

by the development and have a benefit to the public27

Shoreline Master Program Update

Vegetation ConservationBasic Principles (Section 4.5)

– Preserve existing vegetation to maximum extent practicable

– Additional protection for buffers – All impacts must be mitigated– Aligned with critical areas regulations– Some passive or essential uses (e.g., trails, utilities,)

allowed– Existing vegetation and management practices may

continue

Shoreline Master Program Update

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Shoreline Master Program Update

Vegetation ConservationChelan County (Section 9.5)

– Consistent with County Critical Areas Regulations except, water-dependent uses may be located up to water’s edge

– Certain other

Shoreline Master Program Update

Environment Designation

Buffer Width

High Intensity Low Intensity

Natural 250 200Conservancy 250 200Rural 150 100Urban 100 75Lower Lake Chelan 50 25Lots < 300’ deep 25% of depth, greater of 25’ or common

line setback

water-oriented uses may be located in buffer if alternate location not feasible

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Shoreline Master Program Update

Vegetation ConservationCity of Cashmere (Section 10.5)

– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the

buffer if alternate location not feasible

Shoreline Master Program Update

Environment Designation

Standard Buffer Reduced Buffer

Urban Conservancy 150’ 112.5’

Shoreline Residential 50’ 37.5’

High Intensity 80’ 60’

– Buffers may be reduced up to 25% with appropriate mitigation 30

Shoreline Master Program UpdateShoreline Master Program Update

Environment Designation

Standard Buffer Reduced Buffer

Urban Conservancy 150’ 112.5’

Shoreline Residential – Single Family and Multi-Family

50’ 37.5’

High Intensity 50’ 37.5’

– Buffers may be reduced up to 25% with appropriate mitigation

Vegetation ConservationCity of Chelan (Section 11.5)

– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the

buffer if alternate location not feasible

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Shoreline Master Program Update

Vegetation ConservationCity of Entiat (Section 12.5)

– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the

buffer if alternate location not feasibleEnvironment Designation

Standard Buffer Reduced Buffer

Urban Conservancy 150’ 112.5’

Shoreline Residential 80’ 60’

Waterfront Business and High Intensity

40’ 30’

– Buffers may be reduced up to 25% with appropriate mitigation 32

Shoreline Master Program Update

Vegetation ConservationCity of Leavenworth (Section 13.5)

– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the

buffer if alternate location not feasibleEnvironment Designation

Standard Buffer Reduced Buffer

Natural 200’ 150’

Urban Conservancy 150’ 112.5’

Shoreline Residential 80’ 60’

Waterfront Business and High Intensity

80’ 60’

– Buffers may be reduced up to 25% with appropriate mitigation 33

Shoreline Master Program Update

Vegetation ConservationCity of Wenatchee (Section 14.5)

– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the

buffer if alternate location not feasibleEnvironment Designation

Standard Buffer Reduced Buffer

Natural 200’ 150’

Urban Conservancy 150’ 112.5’

Shoreline Residential 100’ 80’

Waterfront Business and High Intensity

150’ 112.5’

– Buffers may be reduced up to 25% with appropriate mitigation 34

Shoreline Master Program Update

Shoreline Uses and Permits

– Shoreline Uses & Activities allowed by environment designation

• More lenient – Urban or High Intensity• More restrictive – Natural• Other designations in-between – Conservancy

– Shoreline Permits• Shoreline Substantial Development Permits

– Exemptions• Shoreline Conditional Use Permit• Shoreline Variance Permit

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Shoreline Master Program Update

Use Matrix

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The chart is coded according to the following legend.P = PermittedCU = Conditional UseX = Prohibited(-) = Subject to use limitations in Chapter 5

and Chapters 9 to 14; otherwise prohibited

Natural

Conservancy Rural Urban Aquati

c

Marinas and commercial piers X CU P P P

Commercial: Water-dependent uses X CU P P CU

Commercial: Nonwater-oriented uses X X P(-) P(-) X

Upland fill outside of CMZ/ floodplain X CU P P --

Upland fill inside of CMZ/ floodplain X X CU P --

Recreational: Water-dependent CU P P P P

Recreational: Nonwater-oriented X CU CU CU X

Residential: Single-family CU P P P X

Residential: Multi-family X X CU P X

Shoreline Master Program Update

Piers and Docks (Section 5.14)

– Applies to residential structures serving ≤4 residences

– Addresses fixed-pile piers, floats, boatlifts, and buoys

– Generally permitted on appropriate waterbodies in all environments except Natural

– Minimize size of structures, and mitigate for new impacts

– Consistency with state and federal regulations 37

Shoreline Master Program Update

Shoreline Stabilization (Section 5.18)

– New bulkheads permitted if necessary– Existing bulkhead may be replaced if

demonstrated need– Soft approaches required unless demonstrated

to be insufficient – Minimize size of structures– Minimize and mitigate for new impacts.– Soft shoreline projects may extend waterward

of ordinary high water38

Shoreline Master Program Update

Residential Uses

– Single-family is Preferred Use– Multifamily allowed where zoning allows in High

Intensity or Shoreline Residential environments– Standards for shoreline frontage, height, and side

setbacks– Key issue for single-family is establishing

shoreline frontage– Key issues for multifamily include maximum

height and views39

Shoreline Master Program Update

Commercial & Industrial Uses

– Water-dependent, water-related, or water-enjoyment are preferred

– Nonwater-oriented uses allowed in limited cases

– Allowed where zoning allows in High Intensity & Urban environments

– Key policy issue – maximum heights, public views, and residential uses

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Shoreline Master Program Update

Restoration Plan

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Shoreline Master Program Update

Restoration Plan

– Definition of Restoration – Includes goals, policies and actions

for restoration– Facilitates meeting and exceeding

the basic “no net loss” standard– Relies heavily on watershed and

subbasin plans – Acknowledges the activities and

benefits of multiple other organizations

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Shoreline Master Program Update

Next Steps

• Assemble working draft -- April 2009• Release 1st Review Draft -- May 11, 2009

– Workshops, open houses– Subcommittees

• State review• “Dynamic” comment period• Public Hearing Draft – October 2009

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