HomeMy WebLinkAboutO-2668 - Comprehensive plan; repeals Ord. 859 (Repealed by 2852)/
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2f,,6E?
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AN ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON,AMENDING ORDINANCE 2068 RELATING TO
THE MARYSVILLE GROWTH MANAGEMENT
COMPREHENSIVE PLAN,APPROVING THE
RECOMMENDATION OF THE MARYSVILLE PLANNING
COMMISSION TO ADOPT A NEW 'SHORELINE MASTER PLAN'
ELEMENT,ADOPTING MAP AMENDMENTS AND
DEVELOPMENT REGULATIONS SET FORTH IN THE
SHORELINE MASTER PLAN, AND REPEALING ORDINANCE
859.
WHEREAS,on April 1, 1996, the Marysville City Council enacted Ordinance 2068,
adopting a Growth Management Comprehensive Plan for the City of Marysville;and
WHEREAS,the Growth Management Act allows comprehensive plans to be amended
more frequently than once a year for the adoption and or amendment of a shoreline master
program under the procedures set forth in Chapter 90.58 RCW; and
WHEREAS,on May 20, 2002 the Marysville City Council adopted Ordinance 2406,
adding Chapter 18.!0 to the Marysville Municipal Code (MMC),entitled "Procedures for
Legislative Actions",which established procedures for processing and review of legislative
actions relating to amendments to the City's Growth Management Comprehensive Plan and
development regulations,and said procedures have been followed by the City as recited
below; and
WHEREAS,the Marysville Planning Commission,after review of the proposed
Shoreline Master Plan amendments at public workshops on October 24,2004,February 8,
2005, June 6, 2005, and October 11, 2005, held a public hearing on October 25, 2005 and
November 8, 2005 and received testimony from property owners,staff and other interested
parties following public notice; and
WHEREAS,the Marysville City Council, after review of the proposed Shoreline
Master Plan amendments at public workshops on January 3'd,2006 and February 6th,2006,
held a public hearing on February 13,2006 and reviewed the Planning Commission's
recommendation and received testimony from property owners,staff and other interested
parties following public notice;and adopted Resolution No. 2169,declaring the Council's
intent to adopt the January 2006 amendments and supporting materials to the Shoreline Master
Program pending Department of Ecology review and approval;and
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WHEREAS,the City received written confirmation from the Department of Ecology,
stating thatthe Department determined theCity's proposed Shoreline Master Program update,
subject to the Findings and Conclusions (Attachment A)and Required Changes (Attachment
B), is consistent withChapter 90.58 RCW,the Shoreline Management Actof 1971 andthe
Shoreline Master Program Guidelines (WAC 173-26,Part III);
WHEREAS,on October23,2006, theCity Council reviewed the proposed 2006
Shoreline Master Program and supporting materials togetherwiththe Findings and
Conclusions (Attachment A) and Required Changes (Attachment B).
NOW,THEREFORE,THE CITY COUNCIL OFTHE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section I. TheCity Council hereby adoptsthe2006 Shoreline MasterPlanasan
elementof,and amendment to, the Marysville Growth Management Comprehensive Plan,
subjectto the modifications set forth inthe Department ofEcology's Required Changes,which
areattachedheretoas Attachment B.A copyofthe Comprehensive Plan amendment,entitled
the 2006 Shoreline MasterPlan,isattachedheretoasExhibit C and is hereby incorporated by
this reference.
Section2. The Marysville Community Development Department ishereby directed to
amendthetext andmapsofthe Marysville Growth Management Comprehensive Plan
consistent withthe Department ofEcology's Required Changes (Attachment B).
Section3.Ordinance 2068andthe Marysville Growth Management Comprehensive
Planareherebyamendedas set forth in Sections I and2 ofthis ordinance,and Ordinance 859
is hereby repealed.
PASSED bytheCity Council and APPROVED bythe Mayor this23 rJdayof
October,2006.
CITY OF MARYSVILLE
ByLLk4
DENNIS KENDALL,Mayor '
ATTEST:
BY))d~·.g ~~
L./Iltc.Le:"jDe,uyCity Clerk
Approved asto form:
.-•1:
By _1J~K LJuJ_
GRANT K.WEED,City Attorney
Dateof Publication:~
Effective Date(5 daysafter publication):10/30 I--"o...::/p:...-_
a.
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ATTACHMENT A: FINDINGS AND CONCLUSIONS
FOR PROPOSED AMENDMENTS TO THE CITY OF MARYSVILLE
SHORELINE MASTER PROGRAM
SMP Submittal,Resolution No.2169
Prepared by Robert J.Fritzen on June 1,2006
Brief Description of Proposed Amendments:
The City of Marysville (city)is proposing a comprehensive update of its shoreline master
program (SMP).As part of the amendment,the city is adopting by direct reference its Critical
Areas Regulations (CAO).The adopted version is codified in Chapter 19.24 of the Marysville
Municipal Code dated May 2,2005,Ordinance #2571.
FINDINGS OF FACT
Need for Amendment:The proposed amendments are needed to remedy inconsistencies among
the 8MI',development regulations and comprehensive plan for the purposes of shorelines and
growth management integration.
Amendment History,Review Process:The city indicates the proposed 8MP·amendments
originated from a local planning process that began on July 2004.The record shows that
Planning Committee workshops and meetings open to the public were held on October 26,2004,
February 15, 2005,June 14, 2005,October II,2005,October 25,2005,and November 8, 2005.
Public hearings before the Planning Commission were held on January 3,2006,and February 13,
2006.Affidavits of publication provided by the city indicate notice of the hearing was published
on February 2, 2006 and October 12, 2006.
With passage of Resolution #2169,on February 13,2006,the city authorized staff to forward the
proposed amendments to the Department of Ecology (Ecology)for approval.
The proposed 8MP amendments were received by Ecology for state review and verified as
complete on AprilS,2006.Notice of the state comment period was distributed to state task
force members and interested parties identified by the city 011 April 6, 2006, in compliance with
the requirements of WAC 173-26-120.The state comment period began on April 6,2006,and
continued through May 5, 2006. No conunents were received during Ecology's comment period.
It was determined that a public hearing was unnecessary.
Consistency with Chapter 90.58 RCW:The proposed amendments have been reviewed for
consistency with the policy ofRCW 90.58.020 and the approval criteria ofRCW 90.58.090(3),
(4) and (5). The city has also provided evidence of its compliance 'With SMA procedural
requirements for amending an 8MP contained ill RCW 90.58.090.
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.City 0 f Marysvi 11 e
Page2 of3
JW1e 1,2006
Consistencywith "applicable guidelines"(Chapter 173-26WAC,Part III): The proposed
amendment hasbeen reviewed for compliance withthe requirements ofthe applicable Shoreline
Master Program guidelines (WAC 173-26-171 through 251 and-020 definitions).Thisincluded
reviewofa SMP Submittal Checklist,which was completed bythecity.
Consistencywith SEPA Requirements:Thecity submitted evidence ofSEPA compliance in
the form ofa Notice ofIntent Amend ThecityissuedaDraft Environmental Impact Statement
datedJanuary13,2005,andaFinal Environmental Impact Statement issued in Aprilof 2005.
SMP amendments on andnotice of the SEPA determination was published inthe Marysville
Globe onAugust3,2005.Ecologydidnotcommentonthe Determination of Significance.
Summary ofIssues Raised During'The Public ReviewProcess: Thecity's SMP amendment
drafting/public reviewprocessdoesnot appear tohavebeen contentious.
CONCLUSIONS OF LAW
TheCity ofMarysville haschosennotto exercise its option pursuant toRCW 90.58.030(2)(t)(ii)
to increase shoreline jurisdictiontoincludebuffer areas ofall critical areaswithin shorelines of
thestate Therefore,as requiredbyRCW 36.70A.480(6),for those designated critical areaswith
buffers thatextendbeyondSMA jurisdiction,the critical areaandits associated buffershall
continue tobe regulated bythe city's critical areas ordinance.Insuchcases,theupdatedSMI'
shallalso continue to applyto the designated critical area,butnot theportionof thebufferarea
thatliesoutsideof SMAjurisdiction. All remaining designated criticalareas(withbuffersNOT
extending beyond SMAjurisdiction)and theirbuffer areas shallbe regulated solelybythe SMP.
The record submitted indicatesthatthecityhas complied withthe requirements of RCW
90.58.100 regarding the SMP amendment processand contents.
TI1C record submitted indicates thatthecityhas complied withthe requirements ofRCW
90.58.130 and WAC 173-26-090 regarding publicandagency involvement inthe SMP
amendment process.
Therecordsubmitted indicates thatthecityhas complied withthepurposeandintentof thelocal
amendment process requirements contained inWAC 173-26-100,including conducting open
houses andpublic hearings,notice,consultation with parties ofinterestand solicitation of
comments fromtribesand government agencies.
Therecordsubmitted indicates thatthe cityhas complied with requirements ofChapter 43.21 C
RCW,theState Environmental Policy Act.
Thecity's amendment submittal to Ecology was complete pursuanttothe requirements of WAC
173-26-110.
\. Cityof Marysville
Page3 00
June 1,2006
Ecology hascompliedwiththe procedural requirements forstatereviewand approval of
shoreline master program amendments as setforthin WAC 173-26-120.
Ecology has determined that,as submittedby the city,theproposalisnot entirelyconsistentwith
thepolicyofthe SMA anddoes notprovidefor optimum implementation of thepolicyof
satisfyingstatewide interests.However,basedonthe provisions of RCW 90.58.090,Ecologyis
required torecommendspecificchanges necessary tomaketheproposal approvable.Therefore,
ifthe following (AttachmentB) changesareacceptedbythecity,theproposal will be
determined consistentwith the policyandprovisions ofRCW 90.58andthe WAC173-26
applicable guidelines.
DECISION AND EFFECTIVE DATE
Basedonthepreceding,Ecologyhas determined the proposed amendments,withrequired
changes,areconsistentwiththe policyandstandards ofRCW 90.58.020andRCW90.58.090
andthe applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions).
Consistent with RCW 90.58.090(4),Ecologyconcludesthat thoseSMPsegmentsrelatingto
critical areaswithinShoreline Management Actjurisdictionprovidea level of protectionat least'
equaltothatprovidedby thecity's existingcriticalareas ordinance.Ecologyfurtherconcludes
thatthoseSMPsegmentsrelatingto shorelinesof statewide significance provideforthe optimwn
implementation of Shoreline Management Actpolicy. Ecology approval of theproposed
amendments withrequiredchangesis effectiveon the dille at whichEcologyreceiveswritten
notice thatthecity hasagreedto therequired changes.
Asprovidedin RCW 90.58.090(2)(e)(ii)thecity maychoosetosubmitan alternative to all or
partof thechangesrequiredbyEcology.IfEcology determines thatthe alternative proposalis
consistentwiththe purposeand intentofEcology's originalchangesandwithRCW 90.58,then
Ecology shallapprovethe alternativeproposaland that action shallbe the final actionon the
amendment.
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ATTACHMENT B:REQUIRED CHANGES
FOR PROPOSED CITY OF MARYSVILLE SHORELINE MASTER PROGRAM
COMPREHENSIVE REWRITE
SMP Submittal,Resolution No. 2169
Prepared by Robert J. Fritzen on June 19,2006
Added text is lmderlined,removed text is 5!flIelf.Ecology's explanatory statements are in
italics.All changes are required. As provided in RCW 90.58.090(2)(e)(ii)the city may
choose to submit an alternative to all or part of the changes required by Ecology.
Page iv,Table of Contents
As required by WAC 173-26-201 (2)(f),thefollowing change is requiredtoclearly
indicate the Restoration Plan is part ofthe Shoreline Master Program (SMP)as
referencedin Resolution No.2169.At thesametimethe Restoration Planmust be
clearlytilled "Shoreline Ecological Restoration Plan" asidentifiedinSMPtable of
contents.
Attachment:Shoreline Ecological Restoration Plan (As referenced in Resolution No.
2169. adopted February 13,2006.)
Page 2 & 3,Geographic Applications of the SMA &Figure 1
Figure I doesnotidentify shoreline jurisdiction.The figure represents thevarious
options for defining shoreline jurisdiction.Thefigure correctly showsthatjurisdiction
mayextendoutsidethefloodplainwhenmeasuredfrom theOHWM Thefigure
incorrectly indicates that when thefloodway isfurther landwardthantheordinaryhigh
watermark (OHWM),thatjurisdiction extends 200-feetfrom the floodway,beyondthe .
extent ofthe floodplain.When measuring from the floodway,jurisdictioncan onlygo up
totheedge ofthefloodplain asdefined in RCW90.58.030(2)(f).'Figure 1 mustbe
removed.Figures 2 and 3,the shoreline maps,shallbechangedtofigures J &2.
Although thesectionstatesthatthecityhaschosena combined approach tojurisdiction,
itdoesnotgive anydetailor explanation.Thesection also doesnotclearlyexplainthe
possibledikebreachingand corresponding changes to shorelinejurisdiction.The
followingchangesmustbemadeinorderto clearly indicate shorelinejurisdiction per
Jt'AC 173-26-211.
Local governments have the option of including the entire 1OO-year floodplain. The City
has chosen a combined approach; which includes a portion of the floodplain.Most
notably. the'City has chosen not to include the area surrowlding the waste water
treatmeut plant and Allen Creek upstream of the tide gate. The shoreline jurisdiction in
Marysville is identified in Figures J and 2. For the Ebey Slough area,Figure 2 illustrates
shoreline jurisdiction identified at this time.Figure 2 also iJlustrates shoreline
Marysville SMP-Attaclunent B
June 19,2006
Page 2 of8
jurisdiction basedonthe proposed dikebreachonthenorthsideofEhey Slough.The
inundated floodplain ",ill overtime establish an ordinwy highwatermark. Untilthen,as
allowed by RCW 90.58,030(2)(b),themeanhigherhightide(8.86feet.NAVD88)will
beusedasthe ordinwy highwater mark.
Page 11,High Intensity Environnient
)
Consistent with WAC 173-26-211 (5)(d),the foilowing changes must be made:
a.Purpose
The purpose of the High-Intensity Environment is toprovidefor
high-intensity water-oriented commercial,transportation,utilities-and
industrial useswhile protecting existing ecological functions and restbring
ecological function in areasthathavebeen previously degraded,vfitlleut'
sigmfieant savefseenvimnmelltal iffijlsets,aiminishing eeelegieal
flmetieRs aRa festering eeelegieal fuHetiens in Spj3fSj3flets leeaaess,
Page 11,HighIntensity Em'ironment
Consistent with WAC 173-26-211 (5)(d)(ii)and WAC 173-26-020(36),thefollowing
change must be made. Utilities are not necessarily a water-dependent use.
c.Management Policies
• In regulating usesinthe High-Intensity Environment,firstpriority
shouldbegivento Water-dependent uses ana lItilities.Second
priority shouldbegivento water-related and water-enjoyment uses.
Non-water-oriented usesshouldbe discouraged exceptas Part of
mixed-use developments or existing developed areas supporting
water-dependent uses and/or shoreline restoration.Non-
water-oriented uses may alsobe allowed inlimited situations where
theydonot conflict withorlimit opportunities for water-oriented
usesoron sites where there isnodirect access tothe shoreline if
shoreline restoration is included aspartof development.
Page 15,Figure 2
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"Proposed"must be removedfrom the legend where it is used to modify shoreline
jurisdiction and environment designations, Once the amendment is adopted, the
proposals will be in affect,'
t,I .J
Marysville SMP "Attachment B
June 19,2006
Page 3 of8
Page 17, C.ShorelineUse and Modification Matrices
Thesametableprohibits industrial and commercial water-related and water-enjoyment
uses in theAquatic environment,However,regulation B.3,c.3,in Chapter 5 allows these
uses whenpart oja mixed-use development in certain cases.Thefollowing changes must
bemadetocorrect this inconsistency:
Commercial:
Water-dependent P X X p1
Water-related,water-enjoyment p2 X X
Xli
Non-water-oriented C2 X X X
Flood hazard management P p3 P X
.Forest practices X X X X
Industrial:.,
Water-dependeni P X X
pI
Water-related,water-enjoyment p2 X X Xli
Non-water-oriented 0 2 X X X
IS. Except for some mixed-use development. See Chapter 5, Section B.3.c.3.
Pages 19120,Development Table StandardslFootnotes
The following changesare necessary to maintain consistency between thetableandCAO
portion oftheSUP.The required change under Residential Development is consistent
withthe residential regulations..,...---.----,---.,----,
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0 0 0 N/A
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Marysville S¥p -Attachment B
June 19,2006
Page 4 of8
~.~~"~~i ':-,~'1"P·~t!.,.<-'.~.K ;'.'-_'f,",:It"1k2t-'_'"~)~~.~\i:;.:'<'\-'~~.;:,',-":".,,~:~',~.;:.:.~~.~~J~~~~,p~Il~f?d.~e=I~'"~m~(,;K;·.;g;:;t,"J~
Setbacks for all dwelling units 70,8 5l)..>4lI 20,11 N/A
N/A10
Height limit 85' 25' 40'N/A
10.Note thatnew residentiat development is prohibited all9l'led in the.Urban Conservancy
Environment exceptfor lots fronting 6Rly ;tIRe .I(jt fr9R/6 Quilceda Creekcreated pnor
tothe adoption of this shoreline masterprogram.All newand redeveloped lotsmust
meetthebuffer reguirements listed ill the Critical Areas section of the SMP.See also
reglliations related to Residential Development and Nonconforming Use Within the
SMP..
.12.Seealso Section 3.·Critical Areas'andsection 4.8.11,'Vegetation Conservation.'
16.The High-Intensitv designetions along Qui/cada Creak mustmeetthebuffer
reguirements listedinthe Critical Areas section of the SMP.
Page 79, Residential Development Regulation e. 3.
The following change is required in order to be consistent with the Chapter 19.44
"Nonconformance and Temporary Uses".
New residential development is not allowed in the Urban Conservancy
Environment.Existing residential development constructed andoccupiedpriorto
the adoption of thismaster program maybe allowed to be alteredorexpanded,
providedthenew development doesnot increase thenonconformance eaere.aeh
further.teward the silsfeliae andmeetsthe requirements ofthe City's Critical
Area Ordinance,adoptedMay 2, 2005,andthismasterprogram.
Page 101 &102,Variance Criteria
The following changes are required based on WAC 173-26-170.
c.Variances for development thatwillbe located waterward of theordinaryhigh
watermarkmay be authorized provided the applicant can demonstrate all of the
criteria specified in Subsection bof thissectionj-ead jlfs'Iieee Illat he eWI The
applicant must also demonstrate thatthepublicrightsof navigation and use of the
shorelines will notbe adversely affected bythe granting of the variance.and that
thestrict application ofthe bulk,dinlensional or perfOlmance standards setforthin
the applicable maSterprogtamprecludes all reasonable useofllic propertv.
Page 102,Revision to Permits
Marysville SMP -Attachment B
June 19,2006
Page5 of8
The following changes are required to address inconsistencies with WAC 173-27-100
Revisions to Permits.
3.Revisions'to Permits (See also WAC173-27-1001
Whenan applicant seekstorevisea substantial development,conditionaluse,
or.variance permit,the CityPlanningDepartmentshallrequestfrom the
applicant detailed plansandtext describing theproposedchangesin the
permit Iftheplanningstaff determines that theproposedchangesarewithin
thescopeandintentofthe original permit,therevision shall !Ie lHItematieally
maybe approved,provided it is consistent with Chapter 173-27 WAC,the
SMA,andthismasterprogram. "Within the scopeandintent of the original
permit"meansthe following:
a. No additional over-water construction will be involvedexceptthat pier,
dock.orfloat construction maybe increased byfive hundred squarefeet ot
ten percent frOIll the provisions ofthe original permit.whichever is less.
b. Lotcoverageandheightmaybeincreaseda maximumof 10percentfrom
provisions ofthe original permit,providedthatrevisionsinvolvingnew
structures notshownon theoriginalsiteplan shallrequireanew permit.
c. Landscapingmaybe added to a projectwithout necessitating an
applicationfor anewpermitifconsistentwiththeconditionsattachedto
thcoriginal permitandwiththe shoreline masterprogram.
d. Theuse authorized pursuanttotheoriginalpermitis not changed.
e. No additional significant adverse environmental impact will becausedby
theproject revision.
£.111e revised pennit shallnot authorize development to exceed height,lot
coverage,setback.or any other requirements ofthe applicable mas'tcr
program exceptas authorized undera variance granted as theoriginalpermit
orapart thcrcof.
Ifthe revision,or the sumoftherevisionandany previously approved
revisions,will violatethecriteria specified above,the City shallrequirethe
applicantto apply [or a new substantial development,conditional use, or
variancepermit, as appropriate,inthemannerprovidedfor herein.
Page 102,Nonconforming Uses
J "Any changes to the shorelinemaster program require the Department ofEcology's
,approval..Other changes to Chapter 19.44 must he made inorderto comply with WA C
173-27-030 &040.The following changes are required:
C.Nonconforming Uses
Marysville SMP •Attachment B
June 19,2006
Page 6 of8
The provisions of Chapter 19.44 MM C.specifically sections 19.44.0 I 0 thru
19.44.050.relating to nonconforming uses(datedJune 2004,Ordinance #2526)aBEl
all daly elleeted amelldmeBIs lIlereio,Bowar hereafter;are incorporated into this
SMP as though fully set forth herein.All references to provisions contained inthe
Marysville Zoning Code shall be construed as referring to this SMP (including
shoreline permits),and all references to zoning districts and classifications shall be
construed as referring to environments established bythis SMP.Sections
19.44.070 thm 19.44.140 dealing with temporary use shall notbe considered part
oftheSMP.
Attachment:Shoreline Ecological Restoration Plan
Thefollowing changesare requiredin order to assure consistency with WAC127-26-
201(2){/)-ShorelineRestorationPlanning..
9.3 ProposedImplementation Targets,'Priorities and
Monitoring Met/rods'
Implementation Targets and Funding Sources
Table7.Implementation Schedule and Fundingfor Restoration Projects,Programs and Plans.
Restoration Schedule Funding Source or CommitmentProlectiPronram
9.3.1 QWlJlooltJPoortinga Design To date,a substantial amountof staff timeand
Estuarine Restoration ongoing -'.approximately 18acresof Citylandhavebeen
Project implementation invested inthe project.
not scheduled
9.3.2 Participate in Ongoing To date,stafftimeis the.only resource commibnent.
Watershed and Basin Additional funds Or COmmitments maybe identified if
Programs specific projects or programs intheCity are
recommended during those processese;other thanthe
QwulooltJPoortinaa 0roiect listedabove.
9.3.3 Stilly-5nohomish Ongoing Cu.rre~tly,stafftimeand materials aretheonlyCity
Fisheries Enhancement resource commitments.In addition,the City works
Task Force Proiects withSSFETFto obtain orants..
9.3.4 Critical Areas To be adopted The Citymakesa substantial commitment of stafftime
Management ordinance inApril2005 inthe course of projectand program reviews to
•determine.consistency and compliance withthe Critical
.!I!eas Mananement ordinance.._____._0_
9.3.5 Stormwater Planning Ongoing Resources for storrnwater plan implementation are
(see Section 9.2.5for derived from surface waterutility fees,developer fees,
additional discussion)impact fees for new development,forming special
service districts,partnering with neighboring agencies,
and pursuing grantsand loans.
Quilceda Creek!
Tributarv Protects
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MarysvilleSMP-AttaclunentB
June 19,2006
Page 7 of8
Restoration Schedule Funding Source or Commitmentproi~ctJProaram
Project 4 2004 City funds
Project 8 2005 Other funds (Snohomish County and others)
Project 9 2008 Other funds (Snohomish County and others)
Project 10 2008 Otl1er funds (Snohomish County and others)
Project 11 2004 Otherfunds (Snohomish C04nty and others)
Project 13 2006 Other funds (Snohomish County and others)
Ebey Slough!
Tributary Projects
Project 5 2003 City funds
Project 6 2008 City funds
Project 7 2006 City funds
Project 12 2005 City funds
Project 15 2003 City funds
Proiect 16 2003 .Citv funds
9.2.6 Comprehensive Plan .To be 'adopted The City makes a substantial commitment ofstaff time
Policies in April 2005 in the course of project and program reviews to
determine consistency and compliance with the
Comorehensive Plan.
9.2,7 Additional Projects As opportunity Projects identified in Opportunity Areas discussions
and funding would likely be implemented either when grant funds
allows,are obtained,when partnerships are formed between
the City andotheragencies or non-profit groups,oras
may be required by theStateorotheragencies in the
course of road imorovement oroiects.
9.2.8 Public Education Ongoing Staff time and materials are the only City resource
comrnnrnents.In addition,the City seeks out grants
for nubllc education-related orolects.
•
Project Priorities
A strict,numeric'al priontization of restorationprojectsandactivities listed 'in Table 7
aboveis notan effectiveimplementation tool becausetoa large measure.implemcntation
timing \viIl dependonavailablefundingfromspecificCityand outsidesources.
Additionally,prioritiesmay changebecauseofnew information or scientificstudies.
Nevertheless,the following statementsshouldbe used to provide guidmlCe in prioritizing
the City's restoration activities.
Item 9.2.1 OwulooltlPoortinga Estuarine Restoration Project shouldreceive
thehighest prioritybecauseit wouldprovideby farthemostecologicalbenefit,there is
ongoingcollaborativeworkto buildon and theprojectis theonly projectidentifiedin
Marysville CitvLimitsbythe WR1A ?Draft SnohomishRiverSalmonConservation
Plan.1be Citywillactivelysupportthisprojectprovidedthat it meetsthe requiremenis
ofthis SMP.
Item 9.2.5 Ebey SloughfTributary Projects 5,6 7,12,15 and 16 areto be
fundedby theCity andshould be implemented,sincetheyarealready programmed,
Marysville SMP-Attachment B
June 19,2006
Page B'of S
Item 9.2.2 .Participation In Watershed and Basin Programs is ongoing andshould,
continue.
Item 9.2.7 Additional Projects Will be accomplished aspartofnew development
andas required bythisSMP.Restoration ofthe degraded shoreline segments along
Ebey's Slough Will provide themostdirect ecological benefit 'Of allthe actions listedin.
thetableexceptfor inundation ofthe Owuloolt site,but implementation mustbepartof
public or private redevelopment.'
Monitoring
Monitoring of project implementation and results should be tracked by the Community
Development Department,With input from other departments as needed.The
Community Development Department should annually assemble amemo quantitatively
or qualitatively.as appropriate,outlining implementation of various restoration actions
(bytheCityorother groups)inor affecting the City's shorelines.When available,the
memo should include a description offue success of actions accomplished in prior years.
If staffing and funding are limited,the Community Development Department should
investigate partnerships withlocal environmental groups,otherstateor county agencies,
or tribes to implement projectsand Conduct follow-up monitoring and reporting.Mostof
the projects implemented underthe auspices ofthe Critical Areas Management ordinance
would be implemented on pri.yate pr6pcrty ineithera critical areaorits buffer,andare. 1 .,'," ."._
likely mitigation foraprojectthat required a permit.Underthenew Critical Areas
'Management.ordinance,upto five years of monitoring is required for mitigation projects.
The City should annually assemble a memo outlining projects implemented thatyearin
the shoreline zone,andattachmonitoring reports submitted bythe property owner.'
Restoration projects implemented by private property owners are dependent on
,volunteers oron submittal of aland use,permit application.'
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EXHIBITc.
Marysville Shoreline
Master Program
October 2006
Prepared for the City of Marysville by:
MAKERS architecture and urban design
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Table of Contents
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Table of Contents i
Chapter 1: Introduction to the SMP Handbook 1
A.History of the SMA 1
B.Geographic Applications of the SMA ,2
Chapter 2: Goals and Objectives 4
A.Introduction 4
B. Elements 4
1.Shoreline Use Element 4
2.Economic Development Element 5
3.Circulation Element 6
4;Conservation Element 6
5. Public Access Element 7
6.Recreational Element 7
7.Historical/Cultural Element 7
8. Flood Damage Minimization Element ,'8
Chapter 3:Environment Designation Provisions 9
A.Introduction 9
B.Environment Descriptions 9
1.Aquatic Environment 9
a.Purpose 9
b.Designation Criteria 9
c.Management Policies 9
2.High-Intensity Environment.10
a.Purpose 10
b.Designation Criteria 10
c.Management Policies 10
3. Urban Conservancy Environment 11
a.Purpose 11
b.Designation Criteria 11
c.Management Policies 12
4.Shoreline Residential Environment 12
a.Purpose 12
b.Designation Criteria 12
c.Management Policies :12
C. Shoreline Use and Modification Matrices 16
Marysville Shoreline Master Program Pagei
Chapter 4: General Provisions 21
A.Introduction 21
B. Policies and Regulations 21
1.Universally Applicable Policies and Regulations 21
a. Applicability 21
b. Policies 21
c.Regulations 22
2.Archaeological and Historic Resources 22
a. Applicability 22
b. Policies 23
c.Regulations 23
3.Critical Areas 24
4.Environmental Impacts 25
a. Applicability 25
b. Policies 25
c.Regulations 25
5.Flood Hazard Reduction and River Corridor ManagemenL 26
a. Applicability 26
b. Policies 26
c.Regulations : 28
6.Parking 30
a. Applicability 30
b. Policies '"30
c.Regulations 30
7.Public Access 31
a. Applicability 31
b. Policies 31
c.Regulations 32
8.Shorelines of State-Wide Significance Regulations 34
a. Applicability 34
b.~~n 34
g.Signage 36 .
a. Applicability 36
b. Policies 36
c.Regulations 36
10.Utilities (Accessory)37
a. Applicability 37
b. Policies 37
c.Regulations 37
11.Vegetation Conservation 38
a. Applicability 38
b. Policies ~38
c.Regulations 39
12.Water Quality 41
a. Applicability 41
b. Policies 41
c.Regulations ,42
Pageii ShOl1ine M.lslerPlan- Rnal-10110106
Chapter 5:Shoreline Modification Provisions 44
A. Introduction and Applicability 44
B. Policies and Regulations 44
1.General Policies and Regulations .44
a. Applicability 44
b. Policies 44
c. Regulations 45
2.Shoreline Stabilization (Including Bulkheads).46
a. Applicability 46
b. Policies 46
c. Regulations :47
3.Pier and Docks 51
a. Applicability 51
b. Policies 51 .
c. Regulations 52
4.Fill 54
a. Applicability 54
b. Policies 54
c. Regulations 54
5.Breakwaters,Jetties,and Groins 55
a. Applicability 55
b. Policies 55
c. Regulations 56
6.Dredging and Disposal 57
a. Applicability 57
b. Exemptions 57
c. Policies 57
d. Regulations 57
7.Shoreline Restoration and Ecological Enhancement 60
a. Applicability 60
b. Policies 60
c. Regulations 60
Chapter 6:Shoreline Use Provisions 62
A.Introduction 62
B. Shoreline Use Policies and Regulations 62
1.General Use Policies 62
2.Agriculture 64
a. Applicability 64
b. Policies 65
c.RegUlations 65
3.Boating Facilities 64
a. Applicability 64
b. Policies 64
c. Regulations 65
4.Commercial Development :68
a. Applicability 68
b. Policies 69
c. Regulations 69
MarysvilleShoreline Master Program Page iii
--- ----- ---------------------
5. Industry 70
a.Applicability 70
b.Policies 71
c.Regulations 0 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••71
6. In-Stream Structures 73
a.Applicability 73
b.Policies 73
c.Regulations 73
7. Recreational Development 74
a.Applicability 74
b.Policies 74
c.Regulations 75
8. Residential Development 76
a.Applicability 76
b.Policies 77
c.Regulations 77
9. Transportation and Parking 79
a.Applicability >••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••79
b.Policies 79
c.Regulations 79
10.Utilities 81
a.Applicability 81
b.Policies 82
c.Regulations 82
Chapter 7:Definitions 85
Chapter 8:Administrative Provisions 98
A.Conditional Use Permits 98
1. Conditional Shoreline Development Permits 98
2. Conditional Shoreline Development Permit Criteria 98
3. Imposition of Conditions 99
4. Subsequent Hearing-Publication of Notice 99
5. Compliance with Conditions 99
B.Variances 100
1.Variances-Generally 100
2. Variance Criteria 100
3. Revisions to Permits 101
C.Nonconforming Uses 101
D.Documentation of Project Review Actions and Changing Conditions in
Shoreline Areas 102
E.Amendments to This Master Program 102
Attachment:Shoreline Ecological Restoration Plan (As referenced in
Resolution No. 2169,adopted February 13,2006.)
Page iv Shorline MaSler Plan -Final-10/1OJ06
CHAPTER 1
Introduction to the SMP Handbook
A.History of the SMA
In 1969, the Washington State Supreme Court decided in the case of Wilbur v.Gallagher
(77 Wn.2d 302),commonly known as the "Lake Chelan Case," that certain activities along
shorelines were contrary to the public interest. The court findings required that the public
interest be represented in the proper forum for determining the use of shoreline properties.
The ramifications of this decision were significant in that developers,environmentalists,
and other interested parties began to recognize-although probably for different reasons-
the need for a comprehensive planning and regulatory program for shorelines.
Wilbur v.Gallagher was a case primarily involving property rights.It was decided at a
time of heightened environmental awareness. At the same time,Congress was considering
environmental legislation and subsequently passed a number of laws relating to protection
of the environment including the National Environmental Policy Act (1969) and the
Coastal Zone Management Act (1972). "Earth Day" and the concept of "spaceship earth"
were part of the American scene."Conservationists"had become "environmentalists"and
some had even gone so far as to call themselves "ecologists."Whatever the name or
concept,concern for fragile ecological areas became important,along with the rights
associated with property ownership.
Voters of the state, seeing the failure of the Seacoast Management Bill in the state
legislature,validated an initiative petition commonly titled the "Shoreline Protection Act."
The state legislature,choosing between adoption ofthe people's initiative petition or its
own alternative,passed into law the "Shoreline Management Act of 1971" (SMA)
effective June 1, 1971, which contained the provision for both statutes to be deferred to the
electorate in the November 1972 election. The election issue required that voters respond
to two questions: (1) Did they favor shoreline management?and (2) Which alternative
management program did they prefer?Most Washington voters favored both shoreline
management and the legislature's alternative (providing greater local control),by an
approximately 2-to-l margin.It is important to keep in mind that the SMA was a response
to a people's initiative and was ratified by the voters, giving the Act a populist foundation
as well as an environmental justification.
The Act's paramount objectives are to protect and restore the valuable natural resources
that shorelines represent and to plan for and foster all "reasonable and appropriate uses"
that are dependent upon a waterfront location or that offer opportunities for the public to
enjoy the state's shorelines. With this clear mandate, the SMA established a planning and
regulatory program to be initiated at the local level under State guidance.
This cooperative effort balances local and state-wide interests in the management and
development of shoreline areas by requiring local governments to plan (via shoreline
Marysville Shoreline Master Program Page 1
master programs)and regulate (via permits)shoreline development within SMA
jurisdiction.(See "Geographic Applications of the SMA"below.)Local government
actions are monitored by the Washington Department of Ecology (Ecology),which
approves new or amended shoreline master programs (SMPs),reviews substantial
development permits,and approves conditional use permits and variances.
After the Act's passage in 1971,Ecology adopted Chapter 173-16 WAC to serve as a
standard for the implementation of the Act and to provide direction to local governments
and Ecology in preparing master programs.Two hundred forty-seven cities and counties
have prepared SMPs based on that WAC chapter. Over the years, local governments,with
the help of Ecology,developed a set of practices and methodologies,the best of which
were collected and described in the 1994 Shoreline Management Guidebook.
In 1995, the state legislature passed Engrossed Substitute House Bill 1724, which included
several RCW amendments to better integrate the Growth Management Act (GMA),the
Shoreline Management Act, and the State Environmental Policy Act (SEPA).The bill also
directed Ecology to review and update the state SMA guidelines every five years. In
response,Ecology undertook a primarily in-house process to prepare a new WAC chapter
(also referred to in this Handbook as the "Guidelines").After meeting with a series of
advisory committees and producing a number of informal drafts,Ecology formally
proposed a new WAC rule for the SMA in April 1999.Subsequently,in 2003, the
Legislature further clarified the integration ofthe SMA and GMA.
The rule was appealed and then-Governor Gary Locke and former Attorney General
Christine Gregoire cosponsored a year-long mediation effort in 2002 that culminated in a
third draft, which was issued for public comment in July 2002.That proposal had the
endorsement of the Association of Washington Business,the Washington Aggregates &
Concrete Association,the Washington Environmental Council (WEC)and other
environmental organizations - all of whom were parties to the lawsuit.
Ecology received about 300 comments on the version proposed in 2003. Seventeen
changes were made in response to those comments, to clarify language and to delete
obsolete or duplicative references.The final version was adopted December 17,2003.
B.Geographic Applications of the SMA
The Shoreline Management Act covers all shorelines of the state,including "shorelines"
and "shorelines of state-wide significance"(SSWS).Provisions of the Act apply to the
following geographical shoreline areas. (See RCW 90.58.030 (2).)
I. All marine waters of the state,together with the lands underlying them.
2. Streams and rivers with a minimum mean annual flow of20 cubic feet per second.
3. Lakes and reservoirs larger than 20 acres in area.
4."Shorelands,"which are upland areas extending 200 feet landward from the edge of
these waters, and the wetlands and river deltas areas associated with one of the above.
Page 2 ShOfIine Master Plan- Rnal-10110106
Local governments have the option of including the entire 100-year floodplain. The City
has chosen a combined approach, which includes a portion of the floodplain. Most
notably, the City has chosen not to include the area surrounding the waste water treatment·
plant and Allen Creek upstream of the tide gate. The shoreline jurisdiction in Marysville
is identified in Figure I and 2. For the Ebey Slough area, Figure 2 illustrates shoreline
jurisdiction identified at this time. Figure 2 also illustrates shoreline jurisdiction based on
the proposed dike breach on the north side ofEbey Slough. The inundated floodplain will
overtime establish an ordinary high water mark. Until then, as allowed by RCW
90.58.030(2)(b),the mean higher high tide (8.86 feet, NAVD 88) will be used as the
ordinary high water mark.
Figure 1.Shoreline Management Act jurisdiction.
Marysville Shoreline Master Program Page 3
CHAPTER 2
Goals and Objectives
A.Introduction
The following goals and objectives were derived from the SMA objectives,provisions in
Marysville's Comprehensive Plan,and other civic activities.They were reviewed at the
public open house on March 12, 2005.
B.Elements
1. Shoreline Use Element
Goals
1.Identify and reserve shoreline and water areas with unique attributes for specific
long-term uses,including commercial,industrial,residential,recreational,and
open space uses.
2.Ensure that activities and facilities are located on the shorelines in such a manner
as to retain or improve the quality of the environment as it is designated for that
area.
3.Ensure that proposed shoreline uses do not infringe upon the rights of others or
upon the rights of private ownership.
4.Encourage shoreline uses that enhance their specific areas or employ innovative
features for purposes consistent with this program.
5.Encourage joint-use activities in proposed shoreline developments.
6.Ebey Slough is a shoreline of state-wide significance and is of value to the entire
state and should be protected and managed.In order of preference,the priorities
are to:
a.Recognize and protect the state-wide interest over local interest.
b.Preserve the natural character of the shoreline.
c.Result in long-term over short-term benefit.
d.Protect the resources and ecology of shorelines.
e.Increase public access to publicly owned areas of the shorelines.
7.Encourage intensive mixed-use development with public access on the city's
central waterfront consistent with the 2004 Downtown Plan, and the 2005
Comprehensive Plan.
Page 4 Shorfine MasterPlan- Final-10{10106
8.Ensure that planning, zoning, and other regulatory and non-regulatory programs
governing lands adjacent to shoreline jurisdiction are consistent with SMA and
GMA policies and regulations and the provisions of this SMP.
9. When determining allowable uses and resolving use conflicts, apply the following
preferences and priorities in order of sequence listed below with a.being given
top priority.
a. Uses and activities that protect and restore ecological functions, to control
pollution,and prevent damage to the natural environment and public health
b.Water-dependent uses
c.Water related and water enjoyment uses.
d.Single family residences where they are appropriate and consistent with the
comprehensive plan and where they can be developed without significant
impact to ecological functions or displacement of water oriented uses
e Non-water-oriented uses where they are consistent with the comprehensive
plan and where they can be developed without significant impact to ecological
functions or displacement of water oriented uses.
Note that joint-use projects that combine two or more of the categories above are
encouraged and should be evaluated with respect to the degree that they achieve a
balance of the priorities above and the provisions of this master program.
2.Economic Development Element
Goals
I.Ensure healthy,orderly economic growth by allowing development and/or re-
development activities which will be an asset to the community and local
economy and which result in the least possible adverse effect on the quality ofthe
shoreline and surrounding environment.
2. Protect current economic activity (e.g., marinas,industrial businesses,etc.) that is
consistent with the objectives of the Comprehensive Plan, the SMP, and provide
for environmentally sensitive new development.
3. Seek opportunities that will rely on a landscape analysis to both support
appropriate development within shoreline jurisdiction and provide for an
improvement or restoration of environmental functions.
4.Develop,as an economic asset, the recreation industry along shorelines in a
manner that will enhance the public enjoyment of, and public access to shorelines.
Encourage improvement of boat launches,marina facilities, and public access
trails when coupled with environmental protection and/or restoration.
5.Ensure that any economic activity taking place along the shoreline operates
without harming the quality of the site's environment or adjacent shorelands.
Marysville Shoreline Master Program PageS
6.Encourage new economic development to locate in areas already developed with
similar uses that are consistent with the City's Comprehendsive Plan including
this master program.
3.Circulation Element
Goals
I.Provide safe,reasonable,and adequate circulation systems to shorelines where
routes will have the least possible adverse effect on unique or fragile shoreline
features and existing ecological systems, while contributing to the functional and
visual enhancement of the shoreline.
2. To the extent feasible, locate land circulation systems that are not shoreline
dependent in a manner that will reduce or eliminate interference with either
natural shoreline resources or other appropriate shoreline uses. Where possible,
avoid creating barriers between adjacent uplands and the shoreline.
3. Protect and enhance those characteristics of shoreline roadway corridors that are
unique or have historic significance or aesthetic quality for the benefit and
enjoyment of the public.
4. Conservation Element
Goals
1. As a long-term goal, seek no further degradation of environmental functions and
where appropriate, the restoration of the Ebey Slough and associated wetlands to
perform their natural ecological functions within the Snohomish River Estuary.
2. Ensure that utilization of a natural resource takes place with the minimum adverse
impact to natural systems and quality ofthe shoreline environment.
3. Reclaim and restore areas that are biologically and aesthetically degraded to the
greatest extent feasible while maintaining appropriate use of the shoreline.
Consider the restoration of the Qwuloolt site and add trails with interpretive
displays describing the natural ecology and the restoration process.
4.Require that shoreline ecological restoration be a condition of all non-water-
dependent development fronting directly on the ordinary high water mark (OHWM).
5.Preserve the scenic aesthetic quality of shoreline areas and vistas to the greatest
extent feasible.
6.Pursue a comprehensive program of ecological enhancements as identified in the
Shoreline Ecological Restoration Plan attached to this SMP.
7.Minimize the loss of native vegetation and preserve tree cover in riparian areas by
establishing conservation standards.
8. To the extent feasible, locate and design development to avoid impacts to shoreline
natural resources and the functions provided by these resources. Shoreline
Page 6 SharlineMasler Plan -Flnal,t0/10/06
development projects should follow best management practices that protect water
quality. Encourage public and private shoreline owners to control populations of
invasive or noxious plants and animals as defined by the Washington Department
ofFish &Wildlife.
5.Public Access Element
Goals
I.Provide,protect,and enhance a public access system that is both physical and
visual,utilizing both private and public lands,which increases the amount and
diversity of public access to the State's shorelines consistent with the natural
shoreline character,private rights, and public safety.
2.Construct a continuous public path along the Ebey Slough shoreline while
providing for protection of ecological functions.
3.Integrate public access to shorelines as a part of the City public trail system
consistent with the adopted GMA Plan.
4.Develop a comprehensive public access system that incorporates public access
into new shoreline development and unifies individual public access elements.
6.Recreational Element
Goals
I.Increase recreational opportunities in shoreline areas that can reasonably tolerate
active, passive,competitive,or contemplative uses without diminishing or
degrading the integrity and character of the shoreline.
2.Coordinate with the City Department of Parks and Recreation to optimize
opportunities for water-oriented recreation.
3.Integrate recreational elements into other regional trail systems and into federal,
state, and local public access planning.
4.Ensure existing and proposed recreational uses are of a safe and healthy nature.
7.Historical/Cultural Element
Goals
I. Identify, protect, preserve, and restore important archaeological,historical,and
cultural sites located in shorelands ofthe State for educational,scientific,and
enjoyment of the general public.
2.Encourage educational projects and programs that foster a greater appreciation of
the importance of shoreline management,marine activities,environmental
conservation,and local history.
Marysville Shoreline Master Program Page 7
Page 8
8.Flood Damage Minimization Element
Goals
I.Reduce the likelihood of flood damage within and outside the city limits by
locating development away from flood-prone areas and by protecting and
restoring natural geohydrological processes.
2.Participate in watershed-wide programs to reduce flood hazards and improve the
shoreline ecology.
Sharline Master Ptnn-Final-10{10106
CHAPTER 3
Environment Designation Provisions
A. Introduction
The Shoreline Management Act (RCW 90.58)and Shoreline Guidelines (WAC 173-26 provide
for shoreline designations to serve as a tool for applying and tailoring the general policies of the
Act to local shorelines.Shoreline classifications provide a means of adapting broad policies to
shoreline segments while recognizing different conditions and valuable shoreline resources,and
a way to integrate comprehensive planning into shoreline master program regulations.
B. Environment Descriptions
1. Aquatic Environment
a.Purpose
The purpose of the Aquatic Environment is to protect,restore,and manage the
unique characteristics and resources of the areas waterward of the ordinary high
watermark.
b.Designation Criteria
An Aquatic Environment designation will he assigned to shoreline areas
waterward of the ordinary high water mark.
c.Management Policies
• New over-water structures should be prohibited except for water-dependent uses,
public access, or ecological restoration.
• The size of new over-water structures shouldbe limited to the minimumnecessary to
support the structure's intended use.
• Provisions for the Aquatic Environment shouldbe directed towards maintaining and
restoring habitat for priority aquatic species.
• All developments and uses on navigable waters or their beds should be located and
designed to minimize interference with surfacenavigation, to considerimpacts to
public views, and to allow for the safe, unobstructed passage of fish and wildlife,
particularly those species dependent on migration.
• Uses that cause significant ecological impacts to critical saltwater and freshwater
habitats should be discouraged. Where those uses are necessary to achieve the
objectives ofRCW 90.58.020, their impacts shall be mitigated accordingto the
sequence defined in Section 4.BA.
• Shoreline uses and modifications should be designed and managed to prevent
degradation of water quality and alteration of natural hydrographic conditions.
Marysville Shoreline Master Program Page 9
• All developments and activities using navigable waters or their beds should be
located aud designed to minimize interference with surface navigation, to minimize
adverse visual impacts, and to allow for the safe,unobstructed passage of fish and
animals,particularly those whose life cycles are dependent on such migration.
•Development of underwater pipeliries and cables on first- and second-class
tidelands should include adequate provisions to ensure against substantial or
irrevocable damage to the environment.
•Abandoned and neglected structures that cause adverse visual impacts or are a hazard
to public health, safety, and welfare should be removed or restored to a usable
condition consistent with the provision of this program.
2. High-Intensity Environment
a.Purpose
The purpose of the High-Intensity Environment is to provide for high-intensity
water-oriented commercial,transportation,and industrial uses while protecting
existing ecological functions and restoring ecological function in those areas that
have been previously degraded.
b.Designation Criteria
A High-Intensity Environment designation will be assigned to shorelands within
City jurisdiction if they currently support or are suitable and planned for
high-intensity water-dependent uses related to commerce,transportation,or
navigation,or if they support the City of Marysville Comprehensive Plan goals and
environmental management goals.
The following shorelands landward of the OHWM are designated High-Intensity:
• All shorelands landward of the OHWM on the north side of Ebey Slough from the
eastern boundary of the Marysville Waste Water Treatment Plant to the western city
boundary.
• All shorelands in the public right-of-way,state and local, and railroad properties
existing in public or railroad ownership at the time of adoption of this SMP to the
south of Ebey Slough.
• Land located east ofSR 529, north of Steamboat Slough, south and west of Ebey
Slough (aka TP #300533-002-002-00)and in the northwest and southwest quarters of
Section 33,Township 30N, Range 5E, W.M. (the concrete plant).
• Public rights-of-way (streets and utilities)crossing or near Quilceda Creek.
c.Management Policies
• In regulating uses in the High-Intensity Environment,first priority should be given
to water-dependent uses. Second priority should be given to water-related and
water-enjoyment uses.Non-water-oriented uses should be discouraged except as
part of mixed-use developments or existing developed areas supporting
water-dependent uses and/or shoreline restoration.Non-water-oriented uses may
also be allowed in limited situations where they do not conflict with or limit
opportunities for water-oriented uses or on sites where there is no direct access to
the shoreline if shoreline restoration is included as part of development.
Page 10 snornre Masler Plan - Final-1OJ10106
• New development should protect and, where feasible, restore shoreline ecological
functions, with particular emphasis on habitat for priority species. Where applicable,
new development shall include environmental cleanup and restoration of the
shoreline in accordance with state and federal requirements.
• Visual and physical public access should be required as provided for in SMP Section
4.B.7, except as noted in that section.
•Aesthetic objectives should be actively implemented by means such as sign control
regulations,appropriate development siting, screening and architectural standards,
and maintenance of natural vegetative buffers. These objectives may be .
implemented either through this master program or other City ordinances.
•Development in the High-Intensity Environment should be managed so that it
enhances and maintains.the shorelines for a variety of urban uses, with priority given
to water-dependent,water-related,water-enjoyment uses and public access.
• In order to make maximum use of the available shoreline resource and to
accommodate future water-oriented uses, the redevelopment and renewal of
substandard, degraded, obsolete urban shoreline areas should be encouraged.
3. Urban Conservancy Environment
a. Purpose
The purpose ofthe Urban Conservancy Envirornnent is to protect and restore
ecological functions in urban and developed settings,while allowing limited
water-oriented uses.
b. Designation Criteria
An Urban Conservancy Envirornnent designation will be assigned to shorelands
appropriate and planned for development that are not generally suitable for water-
dependent uses and that lie in incorporated municipalities,urban growth areas,or
commercial or industrial rural areas of more intense development with any of the
following characteristics:
• They are suitable for water-related or water-enjoyment uses;
• They are flood plains, steep slopes, or other areas that should not be more intensively
developed;
• They have potential for ecological restoration; .
• They retain important ecological functions, even though partially developed; or
The following shorelands are designated Urban Conservancy:
• All shorelands southward of Ebey Slough, except those noted as High-Intensity in the
immediately preceding section.
• All shorelands bordering on Quilceda Creek (except public rights-of-way (street and
utility crossings)).
• All lands lying within the 100-year floodplain north of Ebey Slough between the
eastern boundary of the Waste Water Treatment Plant (WWTP) and the eastern city
boundary, except for residential lots less than 6,000 square feet in area and those
areas designated High-Intensity in the previous section.
• All shorelands not otherwise designated in this Master Program.
Marysville Shoreline Master Program Page 11
c.Management Policies
• During development and redevelopment,all reasonable efforts should be taken to
restore ecological functions. Where feasible, restoration and public access should be
required of all non-water-dependent development on previously developed
shorelines.
• Standards should be established for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications within the urban
conservancy designation to ensure that new development does not further degrade the
shoreline and is consistent with an overall goal to improve ecological functions and
habitat for priority species.
• Public access and public recreation objectives should be implemented whenever
feasible and significant ecological impacts can be mitigated.
•Water-oriented uses should be given priority over non-water-oriented uses. For
shoreline areas adjacent to commercially navigable waters, water-dependent uses
should be given highest priority.
• Derelict, unsafe and unlawful structures should be removed or brought into
conformance ofthis SMP.
4.Shoreline Residential Environment
a. Purpose
The purpose of the Shoreline Residential Environment is to accommodate
residential development and appurtenant structures that are consistent with this
chapter.An additional purpose is to provide appropriate public access and
recreational uses.
b. Designation Criteria
A Shoreline Residential Environment designation will be assigned to shorelands
inside urban growth areas,as defined in RCW 36.70A.ll 0,incorporated
municipalities,rural areas of more intense development,or master planned
resorts,as described in RCW 36.70A.360,if they are predominantly single-family
or multifamily residential development or are planned and platted for residential
development.
The following shorelands are designated Shoreline Residential:
• Shorelands lying north of Ebey Slough and adjacent to the slough or its associated
wetlands with existing residential uses on lots less than 6,000 square feet in area as of
the date of adoption ofthis SMP.
c.Management Policies
• Densities or minimum frontage width standards in the Shoreline Residential
Enviromnent should be set to protect the shoreline ecological functions, taking into
account the environmental limitations and sensitivity of the shoreline area, the level
of infrastructure and services available, and other comprehensive planning
considerations.
•Development standards for setbacks or buffers, shoreline stabilization, vegetation
conservation, critical areaprotection, and water quality should be established to
-I
Page 12 ShOl1ine Master stan-Final -10/10106
protect and, where significant ecological degradation has occurred,restore ecological
functions over time.
•Water-oriented recreational uses should be allowed.
Marysville Shoreline Master Program Page 13
-Presumed Shoreline MHHTIOHWM Aller Innundation to g'
-Proposed Shoreline Jurisdiction
-Presumed Shoreline Jurisdiction Aller InnundatJon to s'
.'--,,,
>,~-\"~.....,
\.;
'\.\
'\"~'\
\.\
\,
\
.~,
RIO
~-~1
f
I
I
•
I
i,..,
I,
\\~--,
........Presumed Dike
II\il3 Proposed Urban Conservancy Designation
c::::J Proposed Shoreline Residential Designation
CJ Proposed High Intensity Designaiion
City of Marysville
Shoreline Master Plan
Ir<>!,.'J'i ,~~..,-'."
Figure 1.Shoreline environment designations for City of Marysville-Ebey Slough and associated
shorelands.
Page 14 Sharline Master Ptan-Rnal·10110106
.........--
\
\
\\".
City of Marysville
Shoreline Master Plan -Quilceda Creek Area
.--Proposed Shoreline Jurisdiction
ID Proposed Urban Conservancy DesignationoProposedShorelineResidentialDesignation
I::=J Proposed High Intensity Designation o
1.000 500 0 1.000
''''''
Figure 2 Shoreline environment designations for City of Marysville-Quilceda Creek.
Marysville Shoreline Master Program Page 15
C.Shoreline Use and Modification Matrices
The following matrices indicate the allowable uses and shoreline modifications and some
of the standards applicable to those uses and modifications.Where there is a conflict
between the chart and the written provisions in Chapters 4, 5, or 6 of this master program,
the written provisions shall apply.
The charts are coded according to the following legend.Where a hyphen is used (e.g.,
P-X),see "Notes to Matrices"following the charts for an explanation.
P =May be permitted
C =May be permitted as a conditional use only
X =Prohibited;the use is not eligible for a variance or conditional use permit
N/A=Not applicable
>-;;:w<>cCGl'":E
~1:IIIGlGl
III III It:c C
Gl 0 Gl-u .s oc....c a;:w
..c ",.~'".!!'.0 0 ::I
~..c IT
SHORELINE USE :I:::J en «
Agriculture P P X X
Aquaculture X X X X
Boating facilities (including marinas)P C3 X P'
Commercial:
Water-dependent P X X
P'
Water-related,water-enjoyment p 2 X X X'5
Non-water-oriented C2 X X X
Flood hazard management P p 3 P X
Forest practices X X X X
Industrial:
Water-dependent P X X
p'
Water-related,water-enjoyment p2 X X
X'5
Non-water-oriented C2 X X X
Mining X X X X
Parking (accessory)p p3 P X
Parking (primary, including paid)X X X X
Recreation:
Water-dependent P p3 P P
Water-enjoyment P p3 P X
Non-water-oriented C2 X P X
Single-family residential X X_p9 P X
Page 16
L __.__
Shorline MasterPlan-Final-1OJ10106
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Land division (See Section 6.B.7.)P X P X
Signs:
On premises P X X X
Off premise X X X X
Public,highway P P X X
Solid waste disposal X X X X
Transportation:
Water-dependent P P C P
Non-water-oriented p 4 C4 C4 C4
Roads,railroads p4 C4 p4 C4
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Beach restoration/enhancement P p5 P p 5
Bioengineering P p 5 P C5
Revetments P C5 P C5
Bulkheads P C5 P X
Breakwaters/jetties/rock weirs/groins P C5 P C5
Dikes,levees P C5 P X
Dredging N/A N/A N/A C6
Hazardous waste cleanup P P P P
FiII' 4 P C5 P C5
Piers,docks,buoys,floats P p7 X p'
Marysville Shoreline Master Program Page 17
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Water-dependent setback 0 0 0 N/A
Water-related Building setback 25' 50'N/A N/A
Commercial,Recreational,and Industrial Development .'
Water-dependent setback 0 N/A N/A N/A
Water-related,water-enjoyment setback 70'8 N/A N/A N/A
Non-water-oriented setback
70'8 N/A N/A N/A
Building height limit 65'N/A N/A N/A,
Parking (Accessory),-
Setback 70,8 N/A 20'N/A
-,.''Residential Dev~lopment
Setbacks for all dwelling units
70'8 20'11 N/A
N/A 10
Height limit 85' 25' 40'N/A
Notes to Matrices:
1, The use or shoreline modification may be allowed in the Aquatic Environment if,and only if,
permitted in the adjacent upland environment.
2. Pubtic access,as approved by the City, is a condition of non-water-dependent development,
3. The use may be allowed provided it does not cause significant ecological impacts,
4, The use may be allowed providing there is no other feasible route or location.
5, The shoreline modification may be allowed for environmentat restoration or if the City
determines that there will be a net increase in desired shoreline ecological functions.
6, Dredging may be allowed onty in support of a water-dependent use when the City finds that
the need is demonstrated,
7, Piers or docks may be allowed only for public access or hand-held vessets and only if
significant adverse ecological impacts are avoided.
8, The setback space shall include a 50-foot minimum strip of shoreline restoration measures
and/or native vegetation plantings as approved by the City plus a 20-foot-wide public access
easement running parallel with the shoreline, (See General Provisions, Vegetalion
Conservation, Section 4,8, 11.)
The City may reduce the required setback to 40 feet for mixed-use development as part of
master planned marinas or water-<iependent recreation facilities,provided public access to the
Page 18 Sharline Masler Plan -Final-10f1OJ06
shoreline is provided in some other way and the vegetation enhancement is provided in the 40-
foot setback.
9. New residential development is not allowed in the Urban Conservancy Environment except
along the Quilceda Creek shoreline. For shoreline lots existing prior to the adoption of this
shoreline master program along the Quilceda Creek shoreline, new residential development is
allowed provided it meets the provisions of this master program and the City of Marysville
Critical Area Ordinance.
10. Note that new residential development is prohibited in the Urban Conservancy Environment
except for lots fronting Quilceda Creek created prior to the adoption of this shoreline master
program.All new and redeveloped lots must meet the buffer requirements listed in the Critical
Areas section of the SMP. See also regulations related to Residential Development and
Nonconforming Use within the SMP.
11. Note that this designation pertains primarily to lots that are not within shoreline jurisdiction at
the present time and will enter shoreline jurisdiction if the Qwuloolt basis is inundated.The
intent is to ensure that existing single-family lots and homes are not restricted by new
regulations resulting from the restoration of Qwuloo/t site.
12. See alsoSection 3,"Critical Areas"and Section 4.B.11, "Vegetation Conservation."
13. See also setback requirements in Chapter 5,Section B.2.c.3.
14. Fill in the floodway requires a conditionai use permit. See Chapter 5,Section BA.cA.
15. Except for some mixed-use development. See Chapter 5,Section B.3.c.3.
16. The High-Intensity designations along Quilceda Creek must meet the buffer requirements
listed in the Critical Areas section of the SMP.
Marysville Shoreline Master Program Page 19
Page 20
Shortine MasterPten-Rnal·10/1010G
CHAPTER 4
General Provisions
A.Introduction
General policies and regulations are applicable to all uses and activities (regardless of
master program environment designation)that may occur along a jurisdiction's shorelines.
Ifused properly,they can also reduce redundancy in a master program by eliminating the
need to repeat regulations over and over for each environment designation.
This chapter is broken up into twelve different topic headings and is arranged
alphabetically.Each topic begins with a discussion of background master program issues
and considerations,followed by general policy statements and regulations. The intent of
these model provisions is to be inclusive,making them applicable over a wide range of
environments as well as particular uses and activities. They can be used directly or
modified to include more restrictive language as necessary.
B.Policies and Regulations
1.Universally Applicable Policies and Regulations
a.Applicability
The following regulations describe the requirements for all shoreline uses and
modifications in all environment designation.
b. Policies
I. The City will periodically review conditions on the shoreline and conduct
appropriate analysis to determine whether or not other actions are necessary to
protect and restore the ecology,protect human health and safety,upgrade the
visual qualities, and enhance residential and recreational uses on the City's
shorelines.Specific issues to address in such evaluations include,but are not
limited to:
a. Water quality.
b.Conservation of aquatic vegetation (control of noxious weeds and
enhancement of vegetation that supports more desirable ecological and
recreational conditions).
c. Upland vegetation.
d.Changing visual character as a result of new residential development,
including additions, and individual vegetation conservation practices.
e.Shoreline stabilization and modifications.
Marysville Shoreline Master Program
L-~__~_~~~..~__._
Page 21
2.The City will keep records of all project review actions within shoreline
jurisdiction,including shoreline permits,letters of exemption,and building
permits.
3.Where appropriate,the City will pursue the policies of this master program in
other land use,development permitting,public construction,and public health
and safety activities.Specifically,such activities include,but are not limited
to:
a.Water quality and storm water management activities,including those
outside shoreline jurisdiction but affecting the shorelines of the state.
b.Aquatic vegetation management.
c.Health and safety activities,especially those related to sanitary sewage.
d.Public works and utilities development.
4.Involve affected federal,state,and tribal governments in the review process of
shoreline applications.
c.Regulations
I. All proposed shoreline uses and development,including those that do not
require a shoreline permit,must conform to the Shoreline Management Act,
Chapter 90.58 RCW,and to the policies and regulations ofthis master
program.
2.All new shoreline modifications must be in support of an allowable shoreline
use that conforms to the provisions of this master program.Except as
otherwise noted,all shoreline modifications not associated with a legally
existing or an approved shoreline use are prohibited.
3.Shoreline uses,modifications,and conditions listed as "prohibited"shall not
be eligible for consideration as a shoreline variance or shoreline conditional
use permit.
4.The "policies"listed in this master program will provide broad guidance and
direction and will be used by the City in applying the "regulations."The
policies,taken together,constitute the Shoreline Element ofthe Marysville
Comprehensive Plan.
5.Where provisions of this master program conflict,the provisions most directly
implementing the objectives of the Shoreline Management Act, as determined
by the City,shall apply unless specifically stated otherwise.
6.See Section 4 for regulations,including exemptions,variances,conditional
uses,and nonconforming uses.
2.Archaeological and Historic Resources
a.Applicability
The following provisions apply to archaeological and historic resources that are
either recorded at the State Historic Preservation Office and/or by local
Page 22
--_._------------
Shorlinc MasterPtan-Final·10/10106
jurisdictions or have been inadvertently uncovered.Archaeological sites located
both in and outside shoreline jurisdiction are subject to Chapter 27.44 RCW
(Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and
records) and shall comply with Chapter 25-48 WAC as well as the provisions of
this chapter.
b. Policies
I. Due to the limited and irreplaceable nature of the resource,public or private
uses, activities, and development should be prevented from destroying or
damaging any site having historic,cultural,scientific or educational value as
identified by the appropriate authorities and deemed worthy of protection and
preservation.
c. Regulations
I. All shoreline permits shall contain provisions which require developers to
immediately stop work and notify the City if any phenomena of possible
archaeological value are uncovered during excavations.In such cases, the
developer shall be required to provide for a site inspection and evaluation by a
professional archaeologist to ensure that all possible valuable archaeological
data are properly salvaged or mapped.
2.Permits issued in areas known to contain archaeological artifacts and data
shall include a requirement that the developer provide for a site inspection and
evaluation by an archaeologist.The permit shall require approval by the City
before work can begin on a project following inspection.Significant
archaeological data or artifacts shall be recovered before work begins or
resumes on a project.
3.Significant archaeological and historic resources shall be permanently
preserved for scientific study, education and public observation. When the
City determines that a site has significant archaeological,natural,scientific or
historical value, a Substantial Development Permit shall not be issued which
would pose a threat to the site. The City may require that development be
postponed in such areas to allow investigation of public acquisition potential
and/or retrieval and preservation of significant artifacts.
4.In the event that unforeseen factors constituting an emergency as defined in
RCW 90.58.030 necessitate rapid action to retrieve or preserve artifacts or
data identified above, the project may be exempted from the permit
requirement of these regulations.The City shall notify the State Department
of Ecology, the State Attorney General's Office and the State Historic
Preservation Office of such a waiver in a timely manner.
5.Archaeological sites located both in and outside the shoreline jurisdiction are
subject to RCW 2744 (Indian Graves and Records) and RCW 2753
(Archaeological Sites and Records) and shall comply with WAC 25-48 as
well as the provisions of this master program.
6.Archaeological excavations may be permitted subject to the provisions of this
program.
Marysville Shoreline Master Program Page 23
----------------_.._------------------------------------------
7. Identified historical or archaeological resources shall be considered in park,
open space,public access and site planning,with access to such areas
designed and managed so as to give maximum protection to the resource and
surrounding environment.
8. Clear interpretation of historical and archaeological features and naturai areas
shall be provided when appropriate.
9. The City will work with affected tribes and other agencies to protect Native
American artifacts and sites of significance and other archaeological and
cultural resources as mandated by Chapter 27.53 RCW.
3.Critical Areas
The Marysville Critical Areas Regulations,as codified in Chapter 19.24 MMC (dated
May 2
nd,2005 ,Ordinance #_2571 ), are herein incorporated
into this master program except as noted below.
Exceptions to the applicability of Marysville Critical Areas Regulations in Shoreline
Jurisdiction in the instances specified below.
I.If provisions of the Critical Areas Regulations and other parts of the master
program conflict,the provisions most protective of the ecological resource
shall apply, as determined by the City.
2.Provisions of the Critical Areas Regulations that are not consistent with the
Shoreline Management Act Chapter,90.85 RCW, and supporting Washington
Administrative Code chapters shall not apply in Shoreline jurisdiction.
3. The provisions of Marysville Critical Areas Regulations do not extend
Shoreline Jurisdiction beyond the limits specified in this SMP. For
regulations addressing critical area buffer areas that are outside Shoreline
Jurisdiction,see Marysville Critical Areas Regulations.
4.Provisions of Marysville Critical Area Regulations that include a "reasonable
use determination"shall not apply within Shoreline Jurisdiction.Specifically,
• The sentence in MMC 19.24.020 referring to reasonable use determination
does not apply.
• MMC Section 19.24.420 does not apply.
5.Provisions of Marysville Critical Areas Regulations relating to variance
procedures and criteria do not'apply in Shoreline Jurisdiction.Within
Shoreline Jurisdiction,the purpose of a variance permit is strictly limited to
granting relief from specific bulk, dimensional or performance standards set
forth in the applicable master program where there are extraordinary
circumstances relating to the physical character or configuration of property
such that the strict implementation of the master program will impose
unnecessary hardships on the applicant or thwart the policies set forth in RCW
90.58.020.Specifically,
~-
Page 24 Shorfine Masler Pien .Rnal-10/10106
• MMC section 19.24.320(2)shall not apply.Variance procedures and
criteria shall be established in this SMP,Chapter 8 Section B and in
Washington Administrative Code WAC 173-27-170.4.Environmental
Impacts.
6.Criteria (b) and (c)describing exceptions for approved plats and legally
created lots in MMC section 19.24.330(7)shall not apply,except where
adjacent to the QWULOOLT Restoration Project.
a. Applicability
The following policies and regulations apply to all uses and development in
shoreline jurisdiction.
b. Policies
I. In implementing this master program,the City will take necessary steps to
ensure compliance with Chapter 43.21 RCW, the Washington State
Environmental Policy Act of 1971, and its implementing guidelines.
2. All significant adverse impacts to the shoreline should be avoided or,if that is
not possible,minimized to the extent feasible.
c. Regulations
I. All project proposals,including those for which a shoreline permit is not
required, shall comply with Chapter 43.21c RCW, the Washington State
Environmental Policy Act.
2.Projects that cause significant ecological impacts, as defined in Definitions,
are not allowed unless mitigated according to the sequence in Item 4 below to
avoid reduction or damage to ecosystem-wide processes and ecological
functions.
3.Projects that cause significant adverse impacts, other than significant
ecological impacts,shall be mitigated according to the sequence in Item 4
below.
4.When applying mitigation to avoid or minimize significant adverse effects and
significant ecological impacts, the City will apply the following sequence of
steps in order of priority,with (a)being top priority:
a.Avoiding the impact altogether by not taking a certain action or parts of an
action;
b.Minimizing impacts by limiting the degree or magnitude of the action and
its implementation by using appropriate technology or by taking
affirmative steps to avoid or reduce impacts;
c.Rectifying the impact by repairing,rehabilitating,or restoring the affected
environment;
d.Reducing or eliminating the impact over time by preservation and
maintenance operations;
Marysville Shoreline Master Program Page 25
~------------------ - ---------
.---------------------------------------_.-----
e.Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments;and
f.Monitoring the impact and the compensation projects and taking
appropriate corrective measures.
The City will set mitigation requirements or permit conditions based on
impacts identified.In determining appropriate mitigation measures,
avoidance of impacts by means such as relocating or redesigning the proposed
development will be applied first.Lower priority measure will be applied
only after higher priority measures are demonstrated to be not feasible or not
applicable. (See definition of "feasible"in Definitions.)
5. All shoreline development shall be located and constructed to avoid
significant adverse impacts to human health and safety.
5. Flood Hazard Reduction and River Corridor Management
a.Applicability
The provisions in this section apply to those areas within shoreline jurisdiction
lying along Ebey Slough and the Snohomish River floodplain corridors,including
rivers, streams, associated wetlands in the floodplain, and river deltas.
The provisions in this section are intended to address two concerns especially
relevant to river shorelines:
I.Protecting human safety and minimizing flood hazard to human activities and
development.
2.Protecting and contributing to the restoration of ecosystem-wide processes
and ecological functions found in the applicable watershed or sub-basin.
For this Section 5,"Flood Hazard Reduction and River Corridor Management,"
only, the term "floodway"refers to the FEMA definition.
b.Policies
I. Implement a comprehensive program to manage the City's riparian corridors
that integrates the following City ordinances and activities:
a.Regulations in this master program.
b. The City's Critical Area Ordinance.
c. The City's zoning ordinance.
d. The City's storm water management plan and implementing regulations.
c. The City's flood hazard minimization ordinance,Chapter 16.32 MMC,
"Floodplain Management."
f.The City's participation in flood hazard reduction programs,including the
Federal Emergency Management Act and the Washington State Flood
Control Assistance Account Program.
Page 26 Shorline Master Plan - Rnal • 10/10106
g.The construction or improvement of new public facilities,including roads,
dikes, utilities, bridges, and other structures.
h. The ecological restoration of selected shoreline areas.
2. In regulating development on shorelines within SMA jurisdiction,endeavor to
achieve the following:
a.Maintenance of human safety.
b.Protection and,where appropriate,the restoration of the physical integrity
of the ecological system processes,including water and sediment transport
and natural channel movement.
c.Protection of water quality and natural groundwater movement.
d.Protection of fish,vegetation,and other life forms and their habitat vital to
the aquatic food chain.
e.Protection of existing legal uses and legal development unless the City
determines relocation or abandonment of a use or structure is the only
feasible option or that there is a compelling reason to the contrary based
on public concern and the provisions of the SMA.
f.Protection of recreation resources and aesthetic values, such as point and
channel bars, islands, and other shore features and scenery.
3.Undertake flood hazard planning,where practical,in a coordinated manner
among affected property owners and public agencies and consider entire
drainage systems or sizable stretches of rivers, lakes, or marine shorelines.
This planning should consider the off-site erosion and accretion or flood
damage that might occur as a result of stabilization or protection structures or
activities. Flood hazard management planning should fully employ
nonstructural approaches to minimizing flood hazard to the extent feasible.
.4. Give preference to and use nonstructural solutions over structural flood
control devices wherever feasible,including prohibiting or limiting
development in historically flood-prone areas,regulating structural design and
limiting increases in peak storm water runoff from new upland development,
public education, and land acquisition for additional flood storage. Structural
solutions to reduce shoreline hazard should be allowed only after it is
demonstrated that nonstructural solutions would not be able to reduce the
hazard.
5. In designing publicly financed or subsidized works, give consideration to
providing public pedestrian access to the shoreline for low-impact outdoor
recreation.
6.Encourage the removal or breaching of dikes to provide greater wetland area
for flood water storage and habitat; provided, such an action does not increase
the risk of flood damage to existing human development.
Marysville Shoreline Master Program Page 27
Page 28
c. Regulations
I. The applicant shall provide the following information as part of a shoreline
permit application on Ebey Slough.
a.Location of ordinary high water mark (OHWM), 100-year floodplain
boundary,floodway boundary as defined by FEMA, and bankfull width
boundary.
b.Existing shoreline stabilization and flood-protection works on the site.
c. Physical, geological, and soil characteristics ofthe area.
d.Predicted impacts upon area shore and ecological processes, adjacent
properties,and shoreline and water uses.
e.Analysis of alternative construction methods, development options, or
flood protection measures,both structural and nonstructural.
f.Description of existing shoreline vegetation and measures to protect
existing vegetation and to re-establish vegetation.
2. New development must be consistent with items a through d below in addition
to the provisions of this master program. In cases of inconsistency, the
provisions most protective of shoreline ecological functions and processes
shall apply:
a. The City's comprehensive flood hazard reduction plan, Chapter 16.32·
MMC,"Floodplain Management."
b. The applicable provisions of the City floodplain regulations adopted under
Chapter 86.16 RCW.
c.The flood insurance study for Snohomish County, Washington, prepared
by FEMA in accordance with Chapter 86.16 RCW and the National Flood
Insurance Program.
d. The 2001 Washington Department of Ecology Stormwater Manual, as
adopted by the City of Marysville.
Conditions of Hydraulic Project Approval, issued by Washington State
Department of Fish and Wildlife, may be incorporated into permits issued for
flood protection.
3. New structural flood hazard reduction measures,including dikes, levees, and
overflow channels, may be allowed only when all of the following can be
demonstrated:
a. The project does not further restrict natural channel movement, except that
flood hazard reduction measures that protect an existing building,
roadway, bridge, or utility line may be installed, provided the measure is
placed as close to the existing structure as possible;
b. Other, nonstructural measures would not be feasible or adequate;
Shcrilne Masler Plan -Final_10('0106
c.The measures are necessary to protect existing development or new public
development,such as a roadway,that cannot be located further from the
stream channel;and
d.Shoreline vegetation necessary to provide ecological functions is protected
or restored.
4. New flood hazard reduction measures,including dikes and levees,may be
constructed to protect properties as part of a shoreline environmental
restoration project, such as the breaching of a dike to create additional
wetlands.
5.Otherwise allowed development in the IOO-year floodplain and flood hazard
reduction measures shall employ the type of construction or measure that
causes the least significant ecological impacts.Authorizing development
within the I OO-year floodplain,the City will require that the construction
method with the least negative significant ecological impacts be used. For
example,the City will not allow rock revetments to be used for erosion
control if a "softer" approach using vegetation plantings and engineered
woody debris placement is possible.
6.Existing hydrological connections into and between water bodies, such as
streams,tributaries,wetlands,and dry channels,shall be maintained.Where
feasible,obstructed channels shall be re-established as a condition of non-
water-dependent uses,development in the I OO-year floodplain, and structural
flood hazard reduction measures.
7.Re-establishment of native vegetation waterward of a new structure on Ebey
Slough is required where feasible. The City may require re-establishment of
vegetation on and landward ofthe structure if it determines such vegetation is
necessary to protect and restore ecological functions.
8.Designs for flood hazard reduction measures and shoreline stabilization
measures in river corridors must be prepared by qualified professional
engineers (or geologists or hydrologists)who have expertise in local riverine
processes.
9.Structural flood hazard reduction projects that are continuous in nature, such
as dikes or levees, shall provide for public access unless the City determines
that such access is not feasible or desirable according to the criteria in the
"Public Access"section.
10.Refer to the use,shoreline modification and development standards table in
Chapter 3 for allowable uses and modification and development standards
such as setbacks and clearing and grading within each environment
designation.
II.Residential,commercial, and industrial uses that may be damaged by flooding
are prohibited in I OO-year floodplains.In determining whether a use may be
damaged,the local government should consider its location, its design, the
extent to which development has occurred in the floodplain, and whether
access will be available to the use during flood events.
Marysville Shoreline Master Program Page 29
12.Hospitals,health care facilities,nursing homes,and retirement homes are
prohibited within IOO-year floodplains.
13.Residential,commercial,and industrial subdivisions and short subdivisions
shall be designed so that each lot will have a building site outside the IOO-year
floodplain and new buildings shall be located outside the I OO-year floodplain.
The subdivision's internal street system should be laid out to provide access to
each lot that is passable by passenger car during a I OO-year flood event.
14. Bridges, culverts, and other river,stream,and waterway crossings shall be
designed and constructed so they do not restrict flood flows such that flood
elevations are increased.Where a bridge,culvert, or other waterway crossing
replaces an existing crossing, the replacement structure shall not increase
flood heights over those caused by the original structure.
15. The removal of gravel for flood control may be allowed only if biological and
geomorphological study demonstrates a long-term benefit to flood hazard
reduction,no net loss of ecological functions, and extraction is part of a
comprehensive flood management solution.
6.Parking
a.Applicability
Parking is the temporary storage of automobiles or other motorized vehicles.
Except as noted the following provisions apply only to parking that is "accessory"
to a permitted shoreline use.Parking as a "primary" use and parking which serves
a use not permitted in the shoreline jurisdiction is prohibited.
b.Policies
I.Parking should be planned to achieve optimum use.Where possible,parking
should serve more than one use (e.g.serving recreational use on weekends,
commercial uses on weekdays).
2. Where feasible,parking for shoreline uses should be provided in areas outside
shoreline jurisdiction.
3.Low-impact parking facilities, such as permeable pavements,are encouraged.
c.Regulations
I.Parking as a primary use or that serves a use not permitted in the applicable
shoreline envirorunent designation shall be prohibited over water and within
shoreline jurisdiction.
2.Parking in shoreline jurisdiction must directly serve a permitted shoreline use.
3.Parking facilities shall be designed and landscaped to minimize adverse
impacts upon the adjacent shoreline and abutting properties.Landscaping
shall consist of native vegetation and/or plant materials approved by the City
and be planted before completion of the parking area in such a manner that
plantings provide effective screening within three years of project completion.
Page 30 Shorfine Master Plan -Frnal-10/10106
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4.Parking facilities serving individual buildings on the shoreline shall be located
landward from the principal building being served,EXCEPT when the
parking facility is within or beneath the structure and adequately screened,or
in cases when an alternate location would have less environmental impact on
the shoreline.
5.Parking facilities for shoreline activities shall provide safe and convenient
pedestrian circulation within the parking area and to the shorelines.
6.Parking facilities shall provide adequate facilities to prevent surface water
runoff from contaminating water bodies, using best available technologies and
include a maintenance program that will assure proper functioning of such
facilities over time.
7.Public Access
a. Applicability
Shoreline public access is the physical ability of the general public to reach and
touch the water's edge and/or the ability to have a view of the water and the
shoreline from upland locations.Public access facilities may include picnic areas,
pathways and trails, floats and docks,promenades,viewing towers, bridges,boat
launches, and improved street ends. The City has prepared a plan for a proposed
"Ebey Waterfront Trail"extending along the Ebey Slough waterfront and
connecting to the existing pedestrian trail to Sunnyside public access point and to
the east to connect to a regional trail system. Trails and public access points are
also shown on the trail network maps in the City of Marysville Parks and
Recreation Plan
Along Quilceda Creek,public access will be primarily views of the stream from
public roadways.
b. Policies
I.Public access should be considered in the review of all private and public
developments (including land division) with the exception of the following:
a. One- and two-family dwelling units; or
b ..Where deemed inappropriate due to health, safety and environmental
concerns.
Public access should be required when land is divided into more than four
residential lots.
2.Developments,uses, and activities on or near the shoreline should not impair
or detract from the public's access to the water or the rights of navigation.
3. Public access should be provided as close as possible to the water's edge
without causing significant ecological impacts and should be designed in
accordance with the Americans with Disabilities Act.
Marysville Shoreline Master Program Page 31
Page 32
4.Opportunities for public access should be identified on publicly owned
shorelines. Public access afforded by shoreline street ends,public utilities and
rights-of-way should be preserved,maintained lind enhanced.
5.Public access should be designed to provide for public safety and comfort and
to minimize potential impacts to private property and individual privacy.
There should be a physical separation or other means of clearly delineating
public and private space in order to avoid unnecessary user conflict.
6.Public views from the shoreline upland areas should be enhanced and
preserved.Enhancement of views should not be construed to mean excessive
removal of existing native vegetation that partially impairs views.
7.Public access and interpretive displays should be provided as part of publicly
funded restoration projects where significant ecological impacts can be
avoided.
8. The Ebey Waterfront Trail and, where applicable,the City's Parks and
Recreation Plan should be implemented to provide a continuous waterfront
multi-purpose trail from the City's Waterfront Park to the east and north to
connect to the Sunnyside Drive Public Access Point and to proposed regional
trails.
9.Commercial and industrial waterfront development should be encouraged to
provide a means for visual and pedestrian access to the shoreline area
wherever feasible.
10. The acquisition of suitable upland shoreline properties to provide access to
publicly owned shorelands should be encouraged.
c.Regulations
I.Except as provided in regulations 2 and 3,shoreline substantial developments
or conditional uses shall provide public access where any of the following
conditions are present:
a.Where a development or use will create increased demand for public
access to the shoreline,the development or use shall provide public access
to mitigate this impact.
b. Where a development or use will interfere with an existing public access
way, the development or use shall provide public access to mitigate this
impact. Impacts to public access may include blocking access or
discouraging use of existing on-site or nearby accesses.
c.Where a use which is not a priority shoreline use under the Shoreline
Management Act locates on a shoreline of the state, the use or
development shall provide public access to mitigate this impact.
d.Where a use or development will interfere with a public use oflands or
waters subject to the public trust doctrine, the development shall provide
public access to mitigate this impact.
e.Where the development is proposed by a public entity or on public lands.
Snurhne MaslerPlan- Rnal -10/10106
f.Where called for under the City's public access plan,including the Ebey
Waterfront Trail.
g.Where the rights of navigation are impacted, the proposed development
will include mitigation for that impact.
h. As part of development for non-water-dependent uses (including water-
enjoyment and water-related uses) and subdivisions ofland into more than
four parcels.
The shoreline permit file shall describe the impact, the required public access
conditions,and how the conditions address the impact. Mitigation for public
access impacts shall be in accordance with the definition of mitigation and
mitigation sequence in Section 4.BA.
2. An applicant need not provide public access where the City determines that
one or more of the following conditions apply.
a. The adopted City's public access planning indicates that public access is
not required.
b.Unavoidable health or safety hazards to the public exist which cannot be
prevented by any practical means;
c. Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions;
d. The cost of providing the access as determined by the City,easement or an
alternative amenity is unreasonably disproportionate to the total long-term
cost of the proposed development;
e. Significant ecological impacts will result from the public access which
cannot be mitigated; or
f. Significant undue and unavoidable conflict between any access provisions
and the proposed use and/or adjacent uses would occur and cannot be
mitigated.
3. In order to meet any of the conditions "a" through "f"above, the applicant
must first demonstrate and the City determine in its findings that all
reasonable alternatives have been exhausted,including but not limited to:
a.Regulating access by such means as maintaining a gate and/or limiting
hours of use;
b.Designing separation of uses and activities (e.g. fences, terracing, use of
one-way glazings, hedges, landscaping, etc.); and
c.Developing provisions for access at a site geographically separated from
the proposal such as a street end, vista or trail system.
4.Public access provided by shoreline street ends, public utilities and rights-of-
way shall not be diminished (This is a requirement ofRCW 35.79.035 and
RCW 36.87.130).
Marysville Shoreline Master Program Page 33
5.Public access sites shall be connected directly to the nearest public street or
public right-of-way and shall include provisions for physically impaired
persons,where feasible.
6.Required public access sites shall be fully developed and available for public
use at the time of occupancy of the use or activity.
7.Public access easements and permit conditions shall be recorded on the deed
of title and/or on the face of a plat or short plat as a condition running
contemporaneous with the authorized land use, at a minimum.Said recording
with the County Auditor's Office shall occur at the time of permit approval
(RCW 58.17.110).
8.Minimum width of public access easements shall be 20 feet,unless the City
determines that undue hardship would result.
In such cases,easement width may be reduced only to the minimum extent
necessary to relieve the hardship.
9.The standard state approved logo or other approved signs that indicate the
public's right of access and hours of access shall be constructed,installed and
maintained by the applicant in conspicuous locations at public access sites. In
accordance with regulation 3-a, signs may control or restrict public access as a
condition of permit approval.
10.Future actions by the applicant successors in interest or other parties shall not
diminish the usefulness or value of the public access provided.
8.Shorelines of State-Wide Significance Regulations
a. Applicability
The Shoreline Management Act of 1971 designated certain shoreline areas as
shorelines of state-wide significance.Within the City of Maryville's jurisdiction,
Ebey Slough is a shoreline of state-wide significance.Shorelines thus designated
are important to the entire state.Because these shorelines are major resources
from which all people in the state derive benefit,this jurisdiction gives preference
to uses which favor long-range goals and support the overall public interest.
b. Policies
In implementing the objectives ofRCW 90.58.020,the City will base decisions
and actions on the following policies in order of priority,1 being the highest and 6
being lowest.
1.Recognize and protect the state-wide interest over local interest.
a.Solicit comments and opinions from groups and individuals representing
state-wide interests by circulating the master program,and any
amendments there of affecting shorelines of state-wide significance,to
state agencies,adjacent jurisdictions,citizen's advisory committees and
local officials and state-wide interest groups.
Page 34
ShoflineMasterPtan-Final-10/10106
b.Recognize and take into account state agencies' policies, programs and
recommendations in developing and administering use regulations and in
approving shoreline permits.
c. Solicit comments, opinions and advice from individuals with expertise in
ecology and other scientific fields pertinent to shoreline management.
2. Preserve the natural character of the shoreline.
a.Designate and administer shoreline environments and use regulations to
protect and restore the ecology and environment of the shoreline as a
result of man-made intrusions on shorelines.
b. Upgrade and redevelop those areas where intensive development already
exists in order to reduce adverse impact on the environment and to
accommodate future growth rather than allowing high intensity uses to
extend into low-intensity use or underdeveloped areas.
c. Protect and restore existing diversity of vegetation and habitat values,
wetlands and riparian corridors associated with shoreline areas.
d. Protect and restore habitats for State-listed "priority species."
3.Result in long-term over short-term benefit.
a. Evaluate the short-term economic gain or convenience of developments
relative to the long-term and potentially costly impairments to the natural
shoreline.
b. In general, preserve resources and values of shorelines of state-wide
significance for future generations and restrict or prohibit development
that would irretrievably damage shoreline resources.
4. Protect the resources and ecology of the shoreline.
a. All shoreline development should be located, designed,constructed and
managed to avoid disturbance of and minimize adverse impacts to wildlife
resources, including spawning, nesting, rearing and habitat areas and
migratory routes.
b. Actively promote esthetic considerations when contemplating new
development,redevelopment of existing facilities or general enhancement
of shoreline areas.
5. Increase public access to publicly owned areas of the shoreline.
a. Give priority to developing paths and trails to shoreline areas,linear
access along the shorelines and to developed upland parking.
b. Locate development landward of the ordinary high water mark so that
access is enhanced.
c. Prevent development that would impede navigation on waters of the state.
6. Increase recreational opportunities for the public on the shoreline.
Marysville Shoreline Master Program Page 35
a.Plan for and encourage development of facilities for recreational use of the
shoreline.
b.Reserve areas for lodging and related facilities on uplands well away from
the shorelines with provisions for nomnotorized access to the shoreline.
9. Signage
a. Applicability
A sign is defined as a device of any material or medium,including structural
component parts,which is used or intended to be used to attract attention to the
subject matter for advertising,identification or informative purposes.The
following provisions apply to any commercial or advertising sign directing
attention to a business,professional service,community,site, facility, or
entertaimnent,conducted or sold either on or off premises.
b. Policies
1. Signs should be designed and placed so that they are compatible with the
esthetic quality of the existing shoreline and adjacent land and water uses.
2. Signs should not block or otherwise interfere with visual access to the water
or shorelands.
c. Regulations
I.All signs shall be located and designed to avoid interference with vistas,
viewpoints and visual access to the shoreline.
2.Over-water signs,signs on floats or pilings,and signs for goods,services,or
businesses not located directly on the site proposed for a sign are prohibited.
3.Lighted signs shall be hooded,shaded,or aimed so that direct light will not
result in glare when viewed from surrounding properties or watercourses.
4. Signs shall not exceed 32 square feet in surface area.On-site freestanding
signs shall not exceed 6 feet in height.When feasible,signs shall be flush-
mounted against existing buildings.
5.Temporary or obsolete signs shall be removed within 10 days of elections,
closures of business,or termination of any other function.Examples of
temporary signs include:real estate signs,directions to events,political
advertisements,event or holiday signs,construction signs,and signs
advertising a sale or promotional event.
6. Signs that do not meet the policies and regulations of this program shall be
removed or conform within two years of the adoption of this master program.
7. No signs shall be placed in a required view corridor.
8.Allowable Signs:The following types of signs may be allowed in all
shoreline environments:
Page 36 Shor1ine MasterPtan .Final·1011Gf06
a. Water navigational signs, and highway and railroad signs necessary for
operation,safety and direction.
b. Public information signs directly relating to a shoreline use or activity.
c.Off-premise,free standing signs for community identification,
information,or directional purposes.
d. National, site and institutional flags or temporary decorations customary
for special holidays and similar events of a public nature.
e.Temporary directional signs to public or quasi-public events if removed
within 10days following the event.
9.Prohibited Signs: The following types of signs are prohibited:
a.Off-premises detached outdoor advertising signs.
b.Commercial signs for products services, or facilities located off-site.
c. Spinners,streamers,pennants, flashing lights and other animated signs
used for commercial purposes.Highway and railroad signs are
exceptions.
d. Signs placed on trees or other natural features.
10.Utilities (Accessory)
a.Applicability
Accessory utilities are those that effect small-scale distribution services connected
directly to the uses along the shoreline.They are addressed in this section
because they concern all types of development and have the potential to impact
the quality of the shoreline and its waters.
b. Policies
I.Accessory utilities should be properly installed so as to protect the shoreline
and water from contamination and degradation.
2.Accessory utility facilities and rights-of-way should be located outside of the
shoreline area to the maximum extent possible. When utility lines require a
shoreline location,they should be placed underground.
3.Accessory utility facilities should be designed and located in a manner which
preserves the natural landscape and shoreline ecological processes and
functions and minimizes conflicts with present and planned land uses.
c.Regulations
1. In shoreline areas, accessory utility transmission lines,pipelines and cables
shall be placed underground unless demonstrated to be infeasible.Further,
such lines shall utilize existing rights-of-way,corridors and/or bridge
crossings whenever possible. Proposals for new corridors in shoreline areas
Marysville Shoreline Master Program
Page 37
involving water crossings must fully substantiate the infeasibility of existing
routes.
2.Accessory utility development shall, through coordination with government
agencies,provide for compatible multiple use of sites and rights-of-way.
Such uses include shoreline access points, trails and other forms of recreation
and transportation systems,providing such uses will not unduly interfere with
utility operations or endanger public health and safety.
3. Sites disturbed for utility installation shall be stabilized during and following
construction to avoid adverse impacts from erosion and,where feasible,
restored to pre-project configuration and replanted with native vegetation.
4.Utility discharges and outfalls should be located, designed,constructed,and
operated in accordance with best management practices to ensure degradation
to water quality is kept to a minimum.
11.Vegetation Conservation
a. Applicability
The following provisions apply to any activity that results in the removal of or
impact to shoreline vegetation,whether or not that activity requires a shoreline
permit. Such activities include clearing, grading, grubbing, and trimming of
vegetation.These provisions also apply to vegetation protection and
enhancement activities. They do not apply to forest practices managed under the
Washington State Forest Practices Act. See Chapter 7 for definitions of
"significant vegetation removal,""ecological functions,""clearing,""grading,"
and "restore."
b. Policies
1.Vegetation within the city shoreline areas should be enhanced over time to
provide a greater level of ecological functions, human safety, and property
protection. To this end,shoreline management activities,including the
provisions and implementation of this master program, should be based on a
comprehensive approach that considers the ecological functions currently and
potentially provided by vegetation on different sections of the shoreline, as
described in the Shoreline Inventory and Characterization Report.
2. This master program in conjunction with other City development regulations
should establish a coordinated and effective set of provisions and programs to
protect and restore those functions provided by shoreline vegetation.
3. Aquatic weed management should stress prevention first. Where active
removal or destruction is necessary, it should be the minimum to allow water-
.dependent activities to continue, minimize negative impacts to native plant
communities,and include appropriate handling or disposal of weed materials.
•
Page 38 Sharline Masler Plan -Final·10/10J06
c.Regulations
For All Shoreline Environments:
I. The creation of new land parcels or lots that would require significant
vegetation removal in order to develop is not allowed. In order to create a
new lot partially or wholly within shoreline jurisdiction,the applicant must
demonstrate that development can be accomplished without significant
vegetation removal. The City may make exceptions to this standard for water
dependent development and for development in the High Intensity
Environment only.
2. All development,including clearing and grading, shall minimize significant
vegetation removal in shoreline jurisdiction to the extent feasible. In order to
implement this regulation,applicants proposing development that includes
significant vegetation removal,clearing,or grading within shoreline
jurisdiction must provide,as a part of a substantial development permit or a
letter of exemption application,a site plan, drawn to scale,indicating the
extent of proposed clearing and/or grading within 50 feet of the OHWM. The
City may require that the proposed development or extent of clearing and
grading be modified to reduce the impacts to ecological functions.
3.Vegetation restoration of any shoreline that has been disturbed or degraded
shall use native plant materials with a diversity and type similar to that which
originally occurred on-site unless the City finds that native plant materials are
inappropriate or not hardy in the particular situation.
4. In addressing impacts from significant vegetation removal the City will apply
the mitigation sequence described in Section 4.8.4.
5.Where shoreline restoration is required, the vegetation plantings shall adhere
to the specifications in Appendix A unless the City finds that another method
is more appropriate.
6. For properties within areas planned for residential development within the
Urban Conservancy or Shoreline Residential environments,new development
that will cause significant vegetation removal shall not be allowed except
where the dimensions of existing lots or parcels are not sufficient to
accommodate permitted primary residential structures outside of the
vegetation conservation area or where the denial of reasonable use would
result in a takings. In these instances the City will apply the mitigation
sequence in Section 4.8.4 to minimize ecological impacts. Generally, this will
mean placing the development away from the shoreline as far as possible,
locating the development to avoid tree cutting, and modifying building
dimensions to reduce vegetation removal.
For Shorelines in the Urban Conservancy Environment
I.Wherever possible,development along Ebey Slough shall be located at least
50- feet landward of the OHWM, except where the development is part of a
project that increases water area or wetlands through inundation (e.g., the
proposed Qwuloolt restoration project).
Marysville Shoreline Master Program Page 39
Page 40
2. A condition of all development shall be that those shorelands on the site not
occupied by structures,shoreline uses, or human activities shall be revegetated
with native vegetation.
3. The enhancement of vegetation shall be a condition of all non-water-
dependent development in the urban conservancy environment except where
the City finds that:
•Vegetation enhancement isnot feasible ontheprojectsite.In thesecasesthe
Citymay requireoff-site vegetation enhancement that performs thesame
ecological functions withinthe watershed or drift cell.
• The restoration of ecological processes and functions canbebetter achieved
. throughother measures suchastheremoval of channel constraints.
•Sufficient native vegetation alreadyexists
For Shorelines in the High-Intensity Environment
I. The impacts due to significant vegetation removal shall be mitigated
according to the sequence described in Section 4.8.4.
2 ..A condition of all development shall be that those shorelands on the site not
occupied by structures,shoreline uses, or human activities shall be
revegetated.Vegetation within 50 feet of the shoreline must be native
vegetation or species approved by the City.For mixed-use development as
part of a marina or water-dependent recreation,the City may reduce the
vegetated strip to a 40-foot strip if a 50-foot strip does not allow enough room
for proposed development.
For Shorelines in the Aquatic Environment
I.Aquatic weed control shall only occur when native plant communities and
associated habitats are threatened or where an existing water dependent use is
restricted by the presence of weeds.Aquatic weed control shall occur in
compliance with all other applicable laws and standards.
2. The control of aquatic weeds by hand pulling,mechanical harvesting,or
placement of aqua screens,if proposed to maintain existing water depth for
navigation,shall be considered normal maintenance and repair and therefore
exempt from the requirement to obtain a shoreline substantial development
permit.
3. The control of aquatic weeds by derooting,rotovating or other method which
disturbs the bottom sediment or benthos shall be considered development for
which a substantial development permit is required,unless it will maintain
existing water depth for navigation in an area covered by a previous permit for
such activity, in which case it shall be considered normal maintenance and
repair and therefore exempt from the requirement to obtain a substantial
development permit.
4.Where large quantities of plant material are generated by control measures,
they shall be collected and disposed of in an appropriate,identified upland
location.
ShorUne MasterPlan-Anal -10/10106
_.__.._---------------------
5.Use of herbicides to control aquatic weeds shall be prohibited except where no
.reasonable alternative exists and weed control is demonstrated to be in the
public's interest. A conditional use permit shall be required in such case.
12.Water Quality
a. Applicability
The following section applies to all development and uses in shoreline jurisdiction
that affect water quality, as defined below.
• As used inthismasterprogram,"waterquality"meansthe physical characteristics of
water within shoreline jurisdiction,includingwater quantity and hydrological,
physical,chemical,esthetic,recreation-related,and biological characteristics.Where
used inthis masterprogram,the term"waterquantity"refersonlyto development
anduses regulatedunderthis chapterandaffectingwater quantity,suchas
impermeable surfaces and stormwaterhandlingpractices. Water quantity,for
purposesof thismaster program,doesnotmean the withdrawal of groundwateror
diversionof surfacewaterpursuantto RCW90.03.250 through 90.03.340.
Because the policies of this master program are also policies of the City's
comprehensive plan, the policies also apply to activities outside shoreline
jurisdiction that affect water quality within shoreline jurisdiction.
b. Policies
I. All shoreline uses and activities should be located,designed,constructed,and
maintained to avoid significant ecological impacts by altering water quality,
quantity,or hydrology.
2. The City should require reasonable setbacks,buffers,and storm water storage
basins and encourage low-impact development techniques and materials to
achieve the objective oflessening negative impacts on water quality.
3. All measures for controlling erosion,stream flow rates, or flood waters
through the use of stream control works should be located,designed,
constructed,and maintained so that net off-site impacts related to water do not
degrade the existing water quality.
4. As a general policy,the City will seek to improve water quality,quantity,and
flow characteristics in order to protect and restore ecological functions and
ecosystem-wide processes of shorelines within Shoreline Management Act
jurisdiction.The City will implement this policy through the regulation of
development and activities,through the design of new public works,such as
roads,drainage,and water treatment facilities,and through coordination with
other local, state, and federal water quality regulations and programs.The
City will implement the 2001 Washington Department of Ecology Stormwater
Manual,as updated and adopted by City ordinance.
5. All measures for the treatment of runoff for the purpose of maintaining and/or
enhancing water quality should be conducted on-site before shoreline
development impacts waters off-site.
Marysville Shoreline Master Program Page 41
Page 42
c. Regulations
I. All shoreline development,both during and after construction,shall avoid or
minimize significant ecological impacts,including any increase in surface
runoff,through control,treatment,and release of surface water runoff so that
the receiving water quality and shore properties and features are not adversely
affecting.Control measures include,but are not limited to, dikes, catch basins
or settling ponds, oil interceptor drains, grassy swales,planted buffers, and
fugitive dust controls.
2. All development shall conform to local, state, and federal water quality
regulations,provided the regulations do not conflict with this master program.
Shol1ine Masterraan.Final·10110J06
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Marysville Shoreline Master Program
Page 43
CHAPTER 5
Shoreline Modification Provisions
A.Introduction and Applicability
Shoreline modifications are structures or actions which permanently change the physical
configuration or quality of the shoreline,particularly at the point where land and water
meet.Shoreline modification activities include,but are not limited to,structures such as
revetments,bulkheads,levees,breakwaters,docks, and floats. Actions such as clearing,
grading,landfilling,and dredging are also considered shoreline modifications.
General1y,shoreline modification activities are undertaken for the fol1owingreasons:
1. To prepare a site for a shoreline use
2. To provide shoreline stabilization or shoreline protection
3. To support an upland use
The policies and regulations in this chapter are intended to prevent or mitigate the adverse
environmental impacts of proposed shoreline modifications.General provisions,which
apply to al1 shoreline modification activities,are fol1owedby provisions tailored to
specific shoreline modification activities.This chapter provides policies and regulations
for shoreline modification features including shoreline stabilization measures and docks
and floats.
B.Policies and Regulations
1. General Policies and Regulations
a. Applicability
The fol1owing provisions apply to al1 shoreline modification activities whether
such proposals address a single property or multiple properties.
b. Policies
1. Structural shoreline modifications should be allowed only where they are
demonstrated to be necessary to support or protect an allowed primary
structure or a legal1y existing shoreline use that is in danger ofloss or
substantial damage or are necessary for reconfiguration of the shoreline for
mitigation or enhancement purposes.
2. The adverse effects of shoreline modifications should be reduced and, as
much as possible,shoreline modifications be limited in number and extent.
Page 44
Shorline MasterPlan- Rnal-10110106
3.Allowed shoreline modifications should be appropriate to the specific type of
shoreline and environmental conditions for which they are proposed.
4. The City should take steps to assure that shoreline modifications individually
and cumulatively do not result in a net loss of ecological functions. This is to
be achieved by giving preference to those types of shoreline modifications
that have a lesser impact on ecological functions and requiring mitigation of
identified impacts resulting from shoreline modifications.
5.Where applicable,the City will base provisions on "best available science,"
scientific and technical information,and a comprehensive analysis of site-
specific conditions for river and stream systems.
6.Impaired ecological functions should be enhanced and/or restored where
feasible and appropriate while accommodating permitted uses. As shoreline
modifications occur, the City will incorporate all feasible measures to protect
ecological shoreline functions and ecosystem-wide processes.
7. In reviewing shoreline permits,the City should require steps to reduce
significant ecological impacts according to the mitigation sequence in WAC
173-26- 201(2)(e).
8.When shoreline modifications are necessary, they should be as compatible as
possible with ecological shoreline processes and functions.
c.Regulations
I. All shoreline modification activities must be in support of a permitted
shoreline use.Shoreline modification activities which do not support a
permitted shoreline use are considered "speculative"and are prohibited by this
master program;unless it can be demonstrated that such activities are
necessary and in the public interest for the maintenance of shoreline
environmental resource values.
2.Structural shoreline modification measures shall be permitted only if
nonstructural measures are unable to achieve the same purpose.Nonstructural
measures considered shall include alternative site designs,increased setbacks,
drainage improvements,relocation, and vegetation enhancement.
3. Stream channel modification (i.e.,realignment)shall be prohibited as a means
of shoreline stabilization or shoreline protection,unless it is the only feasible
alternative.
4. All new shoreline development shall be located and designed to prevent or
minimize the need for shoreline modification activities.
5.Proponents of shoreline modification projects shall obtain all applicable
federal and state permits and shall meet all permit requirements.
6. In addition to the permit information required by WAC 173-27-190,the City
shall require and consider the following information when reviewing shoreline
modification proposals:
a.Construction materials and methods.
Marysville Shoreline Master Program Page 45
b.Project location relative to the ordinary high water mark (OHWM).
c. General direction and speed of prevailing winds.
d.Profile rendition of beach and uplands.
e. Beach and upland soil type,slope and material.
f. Physical or geologic stability of uplands.
g.Potential impact to natural shoreline processes,adjacent properties, and
upland stability.
7.Shoreline modification materials shall be only those approved by applicable
state agencies. No toxic (e.g.:creosote)or quickly degradable materials
(e.g.,plastic or fiberglass that deteriorates under ultraviolet exposure) shall
be used.
2.Shoreline Stabilization (Including Bulkheads)
a.Applicability
Shoreline stabilization includes actions taken to address erosion impacts to
property,dwellings,or essential structures caused by natural processes, such as
current, flood, tides,wind,or wave action.These include structural and
nonstructural methods.
Nonstructural methods include building setbacks, relocation ofthe structure to be
protected,ground water management,planning and regulatory measures to avoid
the need for structural stabilization.
"Hard"structural stabilization measures refer to those with solid, hard surfaces,
such as concrete bulkheads,while "soft"structural measures rely on softer
materials,such as biotechnical vegetation measures or beach enhancement.
.Generally,the harder the construction measure,the greater the impact on
shoreline processes,including sediment transport,geomorphology,and biological
functions.
WAC I 73-27-040(2)(b ) defines normal replacement and repair of existing
structures and notes that normal maintenance and repair actions are not exempt
from substantial development permits if they "cause substantial adverse effects to
shoreline resources or the environment."
Additions to or increases in size of existing shoreline stabilization measures shall
be considered new structures..
b. Policies
I."Soft"shoreline stabilization of natural materials such as protective berms,
beach enhancement or vegetation stabilization are strongly preferred over
structural shoreline stabilization made of materials such as steel, wood, or
concrete.Nonstructural or "soft"measures have less adverse and cumulative
impacts on shore features and habitats.Proposals for structural solutions
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sncrnne Master Plan -Final-l0110106
c. Regulations
including bulkheads should demonstrate that natural methods are
unworkable.
2.Bulkheads and other structural stabilizations should be located,designed,and
constructed primarily to prevent damage to existing development and
minimize adverse impacts to ecological functions.New development
requiring bulkheads and/or similar protection should not be allowed.
Shoreline uses should be located in a manner so that bulkheading and other
structural stabilization are not likely to become necessary in the future.
1. New stabilization measures are not allowed except to protect or support an
existing or approved development,for the restoration of ecological functions,
or for hazardous substance remediation pursuant to Chapter 70.105D RCW.
2.New development shall,where feasible,be located and designed to eliminate
the need for concurrent or future shoreline stabilization.New development
that would require shoreline stabilization that would cause significant adverse
impacts to adjacent or down-current properties is prohibited.
3.New or replacement structural shoreline stabilization measures are allowed in
the High-Intensity Environment if set back at least 50 feet from the OHWM
and a 50-foot strip of native vegetation,including trees and shrubs,is installed
between the shoreline stabilization measure and the shoreline.A landscape
plan indicating types, sizes, and location ofplant materials must be submitted
to the City for approval.
Exception:The City may permit shoreline stabilization measures that may
be necessary to protect private property as a result of shoreline
restoration/inundation of the Qwuloolt site.New or replacement shoreline
stabilization measures may be allowed closer to the OHWM if the City
determines that it is necessary to protect existing development or new water-
dependent uses from aggressive erosion. In these cases, the City will
determine the depth of the setback from the OHWM.
4.New development shall,where feasible,be located and designed to not require
structural shoreline stabilization or flood hazard protection.New development,
including single-family residences,that includes structural shoreline
stabilization will not be allowed unless all of the conditions below apply:
• The need toprotectthe development from destructiondue to erosioncausedby
naturalprocesses,suchas tidal action,currents,and waves,is demonstrated
througha geotechnical report.
• The erosionis notbeingcausedbyuplandconditions,suchas lossof vegetation
and drainage.
• Nonstructuralmeasures,suchasplacingthe development furtherfromthe
shoreline,plantingvegetation,or installingon-sitedrainage improvements,are
not feasibleor not sufficient.
• The structurewillnotcause significant ecologicalimpactsto priorityspecies.
Page 47
Marysville Shoreline Master Program
Page 48
5. New development on steep slopes or bluffs shall be set back, as required in
the City's Critical Area Ordinance,sufficiently to ensure that shoreline
stabilization will not be needed during the life of the structure, as
demonstrated by a geotechnical analysis by a licensed geotechnical engineer
or related licensed professional.
6. New or enlarged structural shoreline stabilization measures for an existing
development or residences shall not be allowed unless there is conclusive
evidence,documented by a geotechnical analysis, that the structure is in
danger from shoreline erosion caused by tidal action, currents, or waves.
Normal sloughing,erosion of steep bluffs, or shoreline erosion itself, without
a scientific or geotechnical analysis by a licensed geotechnical engineer or
related licensed professional,is not demonstration of need.The geotechnical
report must include estimates of erosion rates and damage within three years
and must evaluate on-site drainage issues and address drainage problems away
from the shoreline edge before considering structural shoreline stabilization.
The project design and analysis must also evaluate vegetation enhancement as
a means of reducing undesirable erosion.
7.An existing shoreline stabilization structure shall not be replaced with a
similar structure unless there is need to protect primary structures from
erosion caused by currents, tidal action, or waves. At the discretion of the
City Engineer,the demonstration of need does not necessarily require a
geotechnical report by a licensed geotechnical engineer or related licensed
professional.The replacement structure shall be designed, located, sized, and
constructed to minimize harm to ecological functions.Replacement walls or
bulkheads shall not encroach waterward of the OHWM or existing structures
unless the residence was occupied prior to January I, 1992, and there arc
overriding safety or environmental concerns. In such cases, the replacement
structure shall abut the existing shoreline stabilization structure.Where
significant ecological impacts to critical saltwater habitats would occur by
leaving the existing structure, remove it as part of the replacement measure.
Soft shoreline stabilization that restores ecological functions may be permitted
waterward of the OHWM.
8.Where structural shoreline stabilization measures are demonstrated to be
necessary,as in the above provisions,the size of stabilization measures shall
be limited to the minimum necessary. The City may require that the proposed
structure be altered in size or design. Impacts to sediment transport shall be
avoided or minimized.
9.The City will require mitigation of adverse impacts to shoreline functions in
accordance with the mitigation sequence defined in Section 4.B.4 of the
General Provisions.The City may require the inclusion of vegetation
conservation,as described in Section 4.B.Il,as part of shoreline stabilization,
where feasible.
10.Shoreline modification activities,with the exception of shoreline restoration
or enhancement efforts, are prohibited in wetlands and in salmon and trout
ShcH1ine Masler Plan -Anal-10110106
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spawning waters.Shoreline stabilization and shoreline protection shall be
located landward of the floodway and all associated wetlands.
II.Shoreline stabilization measures along the shoreline that incorporate
ecological restoration through the placement of rocks, gravel or sand,and
native shoreline vegetation may be allowed.
12. Repair of existing shoreline stabilization measures is allowed.Replacement
of existing shoreline stabilization measures, as defined in the Applicability
statement above, is allowed if it conforms to Regulations 3 and 5 above or if
the residence on the site was occupied prior to January I,1992 and the City
determines that replacement is necessary to prevent damage to residences,
appurtenant structures, or the shoreline ecology from shoreline erosion; and
impacts to the natural environment are minimized.When an existing
bulkhead is being repaired or replaced by construction of a vertical wall
fronting the existing wall, it shall be constructed no further waterward of the
existing bulkhead than is necessary for construction of new footings. When a
bulkhead has deteriorated such that an OHWM has been established by the
presence and action of water landward of the bulkhead,then the replacement
bulkhead must be located at or near the actual OHWM.
13. Stream channel modification (i.e.,realignment)shall be prohibited as a means
of shoreline stabilization or shoreline protection,unless it is the only feasible
alternative or ifthe City determines that it would improve shoreline ecological
functions.
14. Bulkhead design and development shall conform to all other applicable City
and state agency policies and regulations including the Department of
Fisheries criteria governing the design of bulkheads.
IS. Gabions (wire mesh filled with concrete or rocks) are prohibited.
16.The construction of a bulkhead for the primary purpose of retaining or
creating dry land that is not specifically authorized as a part of the permit shall
be prohibited.
17. Use of a bulkhead to protect a platted lot where no structure presently exists is
prohibited unless the City determines that it is part of the residence
construction and is the only feasible way to protect the otherwise lawful
structure.
18.Bulkheads shall be designed with the minimum dimensions necessary to
adequately protect the development for the expected life of the development.
19. Stairs, boat ramps or other permitted structures may be built as integral to a
bulkhead but shall not extend waterward of it.
20.Bulkheads shall be designed to permit the passage of surface or ground water
without causing ponding or over-saturation of retained soil/materials of lands
above the OHWM.
Marysville Shoreline Master Program Page 49
Page 50
21.Adequate toe protection consisting of proper footings, a fine retention mesh,
etc., shall be provided to ensure bulkhead stability without relying on
additional riprap.
22.Materials and dimensional standards:
a.New bulkheads and other shoreline stabilization structures shall not be
constructed higher than 24 inches (twenty-four inches) above the OHWM
or,ifthe bulkhead is set back from the shoreline,24 inches above grade at
the base of the bulkhead or structure. On steep slopes, new bulkheads
may be built taller than 24 inches high if necessary to meet the existing
slope.Replacement bulkheads may be built to the height of the original
bulkhead.Exception:The City may waive this provision for flood hazard
minimization measures conforming to this master program.
b. The following materials are examples of acceptable materials for shoreline
stabilization structures:
•Cast-in-place reinforced concrete.
o Stacked masonry units (e.g.,interlocking cinder block wall units).
o Large stones, with vegetation planted in the gaps. Stones should not be stacked in a
wall greater than 2 horizontal to 1 vertical slope.
o Timbers or logs. Note the prohibition against toxic wood treatments.
C.The following materials are not acceptable for shoreline stabilization
structures:
o Degradable plastics and other nonpermanent synthetic materials.
o Sheet materials,including metal,plywood,fiberglass, or plastic.
o Broken concrete,asphalt, or rubble.
o Car bodies, tires or discarded equipment.
23.Following completion of shoreline modification activities,disturbed shoreline
areas shall be restored to pre-project conditions to the greatest extent possible.
Plantings shall consist of native grasses, shrubs,and/or trees in keeping with
preexisting bank vegetation.If native species are not available and vegetation
is needed for shoreline stabilization purposes, the City will determine
acceptable plant substitutes.
24. Fill behind bulkheads shall be limited to an average of I cubic yard per
running foot of bulkhead.Any filling in excess ofthis amount shall be
considered landfill and shall be subject to the provisions for landfill and the
requirement for obtaining a shoreline substantial development permit.
25. The City may require and utilize the following information,in addition to the
standard permit information required by WAC 173-27, in its review of all
bioengineering projects:
a.Proposed construction timing.
b.Hydrologic analysis,including predicted flood flows.
c. Site vegetation,soil types, and slope stability analysis.
SharlineMaater Plan -Fina1 410/10106
d.Proposed project materials,including rock size, shape, and quantity; plant
types; and soil preparations.
e.Existing and proposed slope profiles,including location of OHWM.
f.Proposed designs for transition areas between the project site and adjacent
properties.
g.Documentation (including photos)of existing (preconstruction)shoreline
characteristics.
26.Bioengineering projects shall use native trees, shrubs,and/or grasses, unless
such an approach is unfeasible.
27. Cleared areas shall be replanted following construction.Vegetation shall be
fully reestablished within three years. Areas which fail to adequately
reestablish vegetation shall be replanted with approved plants until the
plantings are viable.
28. All bioengineering projects shall include a program for monitoring and
maintenance.
3.Pier and Docks
a.Applicability
Piers and docks are structures that abut the shoreline and are used as a landing or
moorage place for water craft. Piers are built on fixed platforms above the water,
while docks float upon the water.Mooring floats, buoys and other mooring
facilities are also covered in this section.
Piers and docks are utilized for commercial,industrial,military,and recreational
purposes.Often they are mixed,serving several uses. Because of this,
regulations conceming specific uses that may employ a pier or dock will be
located in that specific section. For instance,piers and docks containing more
than ten moorage spaces are considered marinas and are addressed in the "Boating
Facilities"provisions.
b. Policies
1. Pier and dock construction should be restricted to the minimum size necessary
to meet the needs of the proposed water-dependent use.
2.Multiple-use and expansion of legally existing piers, wharves, and docks
should be encouraged over the addition and/or proliferation of new facilities.
Joint-use facilities are preferred over new single-use piers, docks, and floats.
3. Piers, floats, and docks should be sited and designed to avoid or minimize
possible significant ecological impacts,including potential impacts on littoral
drift, sand movement,water circulation and quality, and fish and wildlife
habitat.
Marysville Shoreline Master Program Page 51
Page 52
4. The proposed size of the structure and intensity of use or uses of any dock,
pier,and/or float should be compatible with the surrounding environment and
land and water uses.
c. Regulations
General
I.Proposals for piers or docks shall include, at a minimum,the following
information:
a.Description of the proposed structure,including its size, location, design,
and any shoreline stabilization or other modification required by the
project.
b.Ownership of tidelands,shorelands,and/or bedlands.
c.Proposed location of piers, floats, buoys, or docks relative to property
lines and the OHWM.
d.Location,width, height, and length of piers or docks on adjacent
properties within 300 feet.
2. Piers, docks, and floats are not allowed in critical aquatic habitats unless it can
be established that the dock or pier project,including auxiliary impacts and
established mitigation measures,will not be detrimental to the natural habitat
or species of concern.
3. New piers and docks shall be allowed only for water-dependent uses or public
access.Water-related and water-enjoyment uses may be allowed as part of
mixed-use development on over-water structures where they are clearly
auxiliary to and in support of water-dependent uses, provided the minimum
size requirement needed to meet the water-dependent use is not violated. New
pier or dock construction shall be permitted only when the applicant has
demonstrated that a specific need exists to support the intended water-
dependent uses.
4. Piers, floats, buoys, and docks shall not significantly interfere with use of
navigable waters.
5. The length of piers and docks shall be limited in constricted water bodies to
assure navigability and protect public use. The City may design or require
reconfiguration of pier and dock proposals where necessary to protect
navigation,public use, or ecological functions.
6. All piers and docks shall be constructed and maintained in a safe and sound
condition.Abandoned or unsafe docks and piers shall be removed or repaired
promptly by the owner. Where any such structure constitutes a hazard to the
public, the City may, following notice to the owner, abate the structure if the
owner fails to do so within ninety days and may impose a lien on the related
shoreline property in an amount equal to the cost of the abatement.
$horlineMastel"Plan-Anal-10/10105
Design and Construction
7. Materials and coatings of all dock members shall conform to applicable state
and federal agency material standards as well as to the City of Marysville
building codes.The use of materials with toxic substances such as creosote or
degradable materials (some plastics and foam products)is prohibited.
8. No over-water field applications of paint,preservative treatment,or other
chemical compounds shall be permitted except in accordance with best
management practices set forth by applicable state agencies.
9. Pilings employed shall be installed so that the top elevation is at least one foot
above extreme high water.
10. All docks shall include stops that serve to keep the floats off the bottom of
tidelands at low tide or water level.
11. When plastics or other nonbiodegradable materials are used in float, pier, or
dock construction,precautions shall be taken to ensure their containment.
12.Overhead wiring or plumbing is not permitted on piers or docks.
13. Lighting should be the minimum necessary to locate the dock at night. Lights
shall be directed to prevent light spillage onto water surfaces.
Commercial/Industrial Facilities
These standards apply to piers and docks intended for any commercial or
industrial use.
14. Piers and docks will be permitted to the outer harbor line or combined U.S.
Pierhead/Bulkhead Line for water-dependent and multiple-use facilities if the
majority use is water-dependent and public access can safely be provided.
The length should be no more than that required for the draft of the largest
vessel expected to moor at the facility. Maximum size of the pier or dock
shall be no greater than necessary to serve the intended use and will be
determined by the City on a case-by-case basis.
15.Facilities and procedures for receiving, storing,dispensing,and disposing of
oil and other toxic products shall be designed to ensure that such oil and other
toxic products are not introduced into the water body.
16. Bulk storage for gasoline, oil, and other petroleum products for any use or
purpose is prohibited on piers and docks. Bulk storage means nonportable
storage in fixed tanks.
17. Storage for boat fueling facilities shall be located landward of the OHWM and
meet the applicable policies and regulations for utilities (accessory and
primary),commercial,and industrial development.
18. Spill clean-up facilities shall be available for prompt response and application
at all piers and docks involved in oil and hazardous products transfer.
Marysville Shoreline Master Program Page 53
4.Fill
a. Applicability
Fill is the addition of soil, sand, rock, gravel, sediment, earth retaining structure,
or other material to an area waterward of the OHWM,in wetlands, or on
shorelands in a manner that raises the elevation or creates dry land. Any fill
activity conducted within shoreline jurisdiction must comply with the following
provisions.
b. Policies
1.Fi1ls waterward of OHWM should be allowed only when necessary to
facilitate water-dependent and/or public access uses, cleanup and disposal of
contaminated sediments, and other water-dependent uses that are consistent
with this master program.
2.Shoreline fill should be designed and located so there will be no significant.
ecological impacts and no alteration oflocal currents, surface water drainage,
or flood waters which would result in a hazard to adjacent life, property, and
natural resource systems.
c. Regulations
1.Applications for fill permits shall include the following:
a. Proposed use of the fill area;
b.Physical,chemical and biological characteristics ofthe fill material;
c. Source of fill material;
d. Method of placement and compaction;
e. Location of fill relative to natural and/or existing drainage patterns and
wetlands;
f. Location of the fill perimeter relative to the OHWM;
g.Perimeter erosion control or stabilization means; and
h. Type of surfacing and runoff control devices.
2.Fi1l waterward of OHWM may be permitted only when:
a. In conjunction with a water-dependent or public use permitted by this
master program;
b. In conjunction with a bridge or navigational structure for which there is a
demonstrated public need and where no feasible upland sites, design
solutions, or routes exist; or
c. As part of an approved shoreline restoration project.
3.Waterward ofOHWM,pile or pier supports shall be utilized whenever
feasible in preference to fills. Fills for approved road development in
Page 54
Shorline Master Plan -Anal-10/10106
floodways or wetlands shall be permitted only if pile or pier supports are
proven unfeasible.
4.Fills are prohibited in floodplains except where it can be clearly
demonstrated that the hydrologic characteristics and flood storage capacity
will not be altered to increase flood hazard or other damage to life or property.
Fills are prohibited in floodway,except when approved by conditional use
permit and where required in conjunction with a proposed water-dependent or
other use,specified in Regulation #2 above.
5.Fill shall be permitted only where it is demonstrated that the proposed action
will not:
a.Result in significant ecological damage to water quality, fish,shellfish,
and/or wildlife habitat;or
b.Adversely alter natural drainage and circulation patterns,currents,river
and tidal flows or significantly reduce flood water capacities.
6.Environmental cleanup action involving excavation/fill,as authorized by the
City,may be permitted,
7.Sanitary fills shall not be located in shoreline jurisdiction.
5 ..Breakwaters,Jetties,and Groins
a. Applicability
Breakwaters are protective structures built off shore to protect harbor areas,
moorage,navigation,beaches and bluffs from wave action.Breakwaters may be
fixed (for example,rubble mound or rigid wall),open-pile,or floating.
Rock weirs and groins are structures built seaward perpendicular to the shore for
the purpose 'of building or preserving an accretion beach by trapping littoral sand
drift.Generally narrow and of varying lengths,groins may be built in a series
along the shore.
Rock groins are also used to protect buried pipes of cables from erosion or other
damage,anchor dragging,etc.
b.Policies
1.In general,breakwaters should be allowed only through a conditional use
permit and where there is a demonstrated need to support a water-dependent
use because these structures permanently impact natural shoreline processes,
create the need for ongoing maintenance dredging or beach replenishment
programs,and adversely affect shorelines located downdrift of the project site.
Rock weirs and groins should be prohibited except as necessary to support
shoreline restoration.
Marysville Shoreline Master Program Page 55
Page 56
c.Regulations
1. The design and construction of breakwaters, rock weirs and groins shall
conform to all applicable state agency policies and regulations.
2. The City shall require and use the following information in its review of
breakwater,rock weir, or groin proposals:
a. Purpose of the structure.
b. Net and seasonal direction and quantity oflittoral drift and tidal currents.
c. Seasonal wind data (wind rose).
The following information also is required for groins:
d.Profile of uplands.
e. Beach types, slope, and materials
f. Upland slope, geology, vegetation, and stability.
g. Soils types. (Soil Conservation Service)
h. Potential impact to adjacent shoreline processes,properties and upland
stability.
3. The effect of proposed breakwaters,rock weirs and groins on.sediment
movement shall be evaluated during permit review. The beneficiaries and/or
owners of large scale works that substantially alter, reduce or block littoral
drift and cause new erosion of downdrift shores shall be required to establish
and maintain an adequate long term beach replenishment program (either by
artificially transporting sand to the downdrift side of an inlet or) by artificial
beach replenishment (in the case of breakwaters,rock weirs, and groins).
4. All breakwater,rock weir and groin proposals must be in support of an
allowable shoreline use which is in conformance with the provisions ofthis
master program; unless it can be demonstrated that such activities are
necessary and in the public interest for the maintenance of shoreline
environmental resources.
5.Breakwaters shall be allowed for the following purposes only:
a..Navigation.
b. Industrial activities: as an integral component of a harbor, marina, or port
where water-dependent uses are located seaward ofthe existing shoreline
and where protection from strong wave action is essential.
c. Marinas: where water-dependent uses are located seaward of the existing
shoreline and where protection from strong wave action is essential.
6.Anchored-in-place open-pile or floating breakwaters shall be preferred over
fixed breakwaters;unless, it can be demonstrated that solid breakwaters will
have no significant adverse impacts to natural shoreline processes or that such
adverse impacts can be adequately mitigated.
Shorline MasterPien-Final-10/10106
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7. Rock weirs and groins shall be allowed only for fisheries or habitat
enhancement as part of an adopted resource management plan or to protect
utilities where no other option is feasible.
8.Rock weirs, or groins which would cause a net adverse impact to adjacent and
nearby shorelines are prohibited.
9. Groin construction across tidal areas to provide access to deep water is
prohibited unless integral to apublic access project.
6.Dredging and Disposal
a. Applicability
Dredging is the removal or displacement of earth or sediment (gravel, sand, mud,
silt and/or other material or debris)from a stream, river, lake,marine water body,
or associated marsh,bog or swamp.Activities which require dredging include the
construction and maintenance of navigation channels, turning basins,harbors,
and marinas.
Dredge material disposal is the depositing of dredged materials on land or into
water bodies for the purpose of either creating new or additional lands for other
uses or disposing of the by-products of dredging.
b. Exemptions
Pursuant to WAC 173-27-040,actions are exempt from the requirement for a
shoreline substantial development permit,but may stilI require a conditional use
or variance permit.
c. Policies
I.Dredging operations should be planned and conducted to minimize
interference with navigation and adverse impacts to other shoreline uses,
properties,and values.
2.When allowed,dredging and dredge material disposal should be limited to the
minimum amount necessary.
d. Regulations
General
I.Permit applications for shoreline dredging and dredge material disposal may
be required to provide the following information:
a.Physical,chemical and biological assessment of the proposed dredged
material applicable to the particular dredging site.
b.Specific data to be considered include:
I.Physical - Grainsize,clay,silt,sandor gravel as determined by sieve
analysis.
II.Chemical -lncluding conventional parameters,metals and organics.
Marysville ShorelineMaster Program Page 57
Page 58
iii.Biological -Bioassays usefulin determining the suitability of dredged
materialfora selected disposal option.
c.Dredging volumes,methods,schedule,frequency,hours of operation and
procedures;
d.Method of disposal,including the location, size,capacity and physical
characteristics ofthe disposal site,transportation method and routes, hours
of operation,schedule;
e.Stability of bedlands adjacent to proposed dredging area;
f.Hydraulic analyses,including tidal fluctuation, current flows, direction
and projected impacts.Hydraulic modeling studies are required for large
scale,extensive dredging projects,particularly in estuaries, in order to
identify existing hydrological and geological patterns and probable effects
of dredging;
g.Assessment of water quality impacts; and
h.Biological assessment including migratory, seasonal and spawning use areas.
2.Dredging and dredge disposal shall be permitted only where it is demonstrated
that the proposed actions will not:
a.Result in significant and/or ongoing damage to water quality, fish,
shellfish,and other essential marine biological elements;
b.Adversely alter natural drainage and circulation patterns,currents, river
and tidal flows or significantly reduce flood water capacities; or
c.Cause other significant ecological impacts.
3.Proposals for dredging and dredge disposal shall include all feasible
mitigating measures to protect marine habitats and to minimize adverse
impacts such as turbidity,release of nutrients,heavy metals, sulfides,organic
material or toxic substances,dissolved oxygen depletion,disruption of food
chains, loss of benthic productivity and disturbance of fish runs and important
localized biological communities.
4.Dredging and dredge disposal shall not occur in wetlands, except as authorized
by conditional use permit as a shoreline restoration project.
5.Dredging and dredge disposal shall be carefully scheduled to protect
biological productivity (e.g. fish runs, spawning,benthic productivity, etc.)
and to minimize interference with fishing activities.
6.Dredging and dredge disposal shall be prohibited on or in archaeological
sites that are listed on the Washington State Register of Historic Places until
such time that they have been released by the State Archaeologist.
7.Dredging shall utilize techniques which cause minimum dispersal and
broadcast of bottom material.
8.Dredging shall be permitted only:
a. For navigation or navigational access and recreational access;
sncruoe Master stan-Final ·10110106
b. In conjunction with a water-dependent use of water bodies or adjacent
shorelands;
c. As part of an approved habitat improvement project;
d. To improve water quality;
e. In conjunction with a bridge,navigational structure or wastewater
treatment facility for which there is a documented public need and where
other feasible sites or routes do not exist;
f. To improve water flow and/or manage flooding only when consistent with
an approved flood/storm water comprehensive management plan; or
g. To clean up contaminated sediments.
9. When dredging is permitted,the dredging shall be the minimum necessary to
accommodate the proposed use.
10. New dredging activity is prohibited:
a. In estuaries, except as part of an approved shoreline restoration project;
b. In shoreline areas with bottom materials which are prone to significant
sloughing and refilling due to currents or tidal activity; which result in the
need for continual maintenance dredging; except by conditional use
permit; and
c. In habitats identified as critical to the life cycle of officially designated or
protected fish,shellfish or wildlife.
II.Dredging for the primary purpose of obtaining material for landfill is
prohibited.
12. New development shall be located and designed to avoid or minimize the need
for new,or maintenance dredging where feasible.
13.Maintenance dredging of established navigation channels,public access
facilities and basins is restricted to maintaining previously dredged and/or
existing authorized location, depth, and width.
Regulations --Dredge Material Disposal
14. Except for sites approved through the PSDDA Management Plan,depositing
clean dredge materials in water areas shall be allowed only by conditional use
permit for one or more of the following reasons:
a. For wildlife habitat improvement or shoreline restoration;or
b. To correct problems of material distribution adversely affecting fish and
shellfish resources.
15. Where the City requires,revegetation ofland disposal sites shall occur as soon
as possible in order to retard wind and water erosion and to restore the wildlife
habitat value of the site. Native species and other compatible plants shall be
used.
Marysville Shoreline Master Program Page 59
16.Proposals for disposal in shoreline jurisdiction must show that the site will
ultimately be suitable for a use permitted by this master program.
17.The City may impose reasonable limitations on dredge disposal operating
periods and hours and may require provision for buffers at land disposal or
transfer sites in order to protect the public safety and other shore users'lawful
interests from unnecessary adverse impacts.
7.Shoreline Restoration and Ecological Enhancement
a.Applicability
Shoreline restoration and/or enhancement is the improvement of the natural
characteristics of upland, tidal, or submerged shoreline using native materials.
The materials used are dependent on the intended use of the restored or enhanced
shoreline area. An Ecological Restoration Plan accompanies this SMP that
recommends ecological enhancement and restoration measures.
b.Policies
1. The City should consider shoreline enhancement and/or restoration as an
alternative to structural shoreline stabilization and protection measures where
feasible.
2. All shoreline restoration and/or enhancement projects should protect the
integrity of adjacent natural resources including aquatic habitats and water
quality.
3.Where possible,shoreline restoration and/or enhancement should use
maintenance-free or low-maintenance designs.
4.The City will pursue the recommendations in the shoreline restoration plan
prepared as part of this SMP update. The City will give priority to projects
consistent with this plan.
5.Shoreline restoration and/or enhancement should not extend waterward more
than necessary to achieve the intended results.
c.Regulations
1.Shoreline enhancement may be permitted if the project proponent
demonstrates that no significant change to sediment transport or river current
will result which will adversely affect ecological processes,properties,or
habitat.
2.Shoreline restoration and/or enhancement projects shall use best available
science and management practices.
3.Shoreline restoration and/or enhancement shall not significantly interfere with
the normal public use of the navigable waters of the state without appropriate
mitigation.
4.Shoreline restoration and ecological enhancement projects may be permitted
in all shoreline environments,provided:
Page 60 Shorline Masler ctan .Final-10/10f06
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a. The project's purpose is the restoration of natural character and ecological
functions of the shoreline, and
b.It is consistent with the implementation of a comprehensive restoration
plan approved by the City, or the City finds that the project provides an
ecological benefit and is consistent with this master program.
Marysville Shoreline Master Program Page 61
CHAPTER 6
Shoreline Use Provisions
A. Introduction
The provisions in this section apply to specific common uses and types of development to
the extent they occur within shoreline jurisdiction.All uses and development must be
consistent with the provisions of the environment designation in which they are located
and the general regulations of the master program.
B.Shoreline Use Policies and Regulations
1. General Use Policies
1. The City will give preference to those uses that are consistent with the control of
pollution and prevention of damage to the natural environment,or are unique to or
dependent upon uses of the state's shoreline areas.
2.The City will ensure that all proposed shoreline development will not diminish the
public's health, safety, and welfare, as well as the land or its vegetation and
wildlife,and will endeavor to protect property rights while implementing the
policies of the Shoreline Management Act.
3.The City will reduce use conflicts by prohibiting or applying special conditions to
those uses which are not consistent with the control of pollution and prevention of
damage to the natural environment or are not unique to or dependent upon use of
the state's shoreline. In implementing this provision,preference will be given first
to water-dependent uses, then to water-related uses and water-enjoyment uses.
2. Agriculture
a.Applicability
Agriculture includes,but is not limited to, the production ofhorticultural,
vinicultural,floricultural,livestock, dairy, apiary, vegetable, or animal products or
of berries, grain, hay, straw, turf, seed, or Christmas trees; the operation and
maintenance offann and stock ponds,drainage ditches, or irrigation systems;
normal crop rotation and crop change; and the normal maintenance and repair of
existing structures,facilities, and lands currently under production or cultivation.
Excluded are agricultural processing industries.
Uses and shoreline modifications associated with agriculture that are identified as
separate use activities in this program, such as industry,shoreline stabilization,
Page 62 Shorline Master Ptan -Rnal -10/10106
and flood hazard management,are subject to the regulations established for those
uses in addition to the standards established in this section.
b. Policies
1. The creation of new agriculturallands bydiking,draining,or filling tidelands,tidal
marshes, channelmigrationzones, and associatedmarshes,bogs, and swamps should
be prohibited.
2. A vegetativebuffer shouldbe maintainedbetween agriculturallandsand water
bodies orwetlandsin orderto reduce harmful bankerosion and resulting
sedimentation,enhancewater quality,reducefloodhazard,and maintainhabitat for
fish and wildlife.
3. Animal feedingoperations,retention and storageponds, and feedlot wasteand
manure storageshould belocated out of shorelinejurisdictionand constructed to
prevent contaminationof waterbodies and degradationof the adjacentshoreline
enviromnent.
4. Appropriatefarmmanagementtechniques andnew developmentconstructionshould
be utilized to prevent contamination of nearbywater bodiesand adverseeffects on
valuableplant, fish, and animallife fromfertilizerandpesticideuse and application.
5. Where ecologicalfunctionshave been degraded,new developmentshouldbe
conditionedwiththe requirementfor ecologicalrestoration.
c. Regulations
I.Agricultural uses are allowed in the High Intensity and Urban Conservancy
environments as a permitted use.
2.Agricultural development shall conform to applicable state and federal
policies and regulations,provided they are consistent with the Shoreline
Management Act and this master program..
3.New manure lagoons,confinement lots,feeding operations,lot wastes,
stockpiles of manure solids,aerial spraying,and storage of noxious chemicals
are prohibited within shoreline jurisdiction.
4. A buffer of natural or planted permanent native vegetation shall be maintained
between areas of new development for crops,grazing,or other agricultural
activity and adjacent waters,channel migration zones,and marshes,bogs,and
swamps.The City will determine the extent and composition of the buffer
when the permit or letter of exemption is applied for.
5.Stream banks and water bodies shall be protected from damage due to
concentration and overgrazing oflivestock by providing the following:
a.Suitable bridges,culverts,or ramps for stock crossing.
b.Ample supplies of clean fresh water in tanks on dry land for stock
watering.
c.Fencing or other grazing controls to prevent bank compaction,bank
erosion,or the overgrazing of or damage to buffer vegetation.
Marysville Shoreline Master Program Page 63
6.Agricultural practices shall prevent and control erosion of soils and bank
materials within shoreline areas and minimize siltation, turbidity, pollution,
and other environmental degradation of watercourses and wetlands.
7. The application of agricultural chemicals shall prevent the direct runoff of
chemical-laden waters into water bodies or aquifer recharge areas.Adequate
provision shall be made to minimize their entry into any body of water.
8. All shoreline development must conform to the General Provisions (see
Chapter 4), the Shoreline Modification Provisions (see Chapter 5), and the
Environment Designation Provisions (see Chapter 3) stated in the master plan.
3.Boating Facilities
a. Applicability
Boating facilities include marinas,both backshore and foreshore, dry storage and
wet-moorage types; boat launch ramps;covered moorage;boat houses;mooring
buoys; and marine travel lifts. See also "Piers and Docks"in Chapter 5,
"Shoreline Modification Provisions,"for non-marina-associated boating facility
provi sions.
A marina is a water-dependent use that consists of a system of piers, buoys, or
floats to provide moorage for ten or more boats. There are two common types of
.backshore marinas,one with wet-moorage that is dredged out of the land to
artificially create a basin; and the other a dry moorage which has upland storage
with a hoist, marine travel lift, or ramp for water access.Foreshore marinas are
located in the intertidal or offshore zone and may require breakwaters of open-
type construction (floating breakwater and/or open pile work) and/or solid-type
construction (bulkhead and landfill), depending on the location.
Accessory uses found in marinas may include fuel docks and storage,boating
equipment sales and rental,wash-down facilities, fish cleaning stations, repair
services,public launching, bait and tackle shops,potable water, waste disposal,
administration,parking,groceries,and dry goods.
There are uses and activities associated with boating facilities but that are
identified in this section as separate uses (e.g., Commercial Development and
Industrial Development,including ship and boat building, repair yards, utilities,
and transportation facilities) or as separate shoreline modifications (e.g., piers,
docks,bulkheads,breakwaters,jetties and groins, dredging, and fill). These uses
are subject to the regulations established for those uses and modifications in
addition to the standards for boating facilities established in this section.
b. Policies
I.Boating facilities should be located, designed, and operated to provide
maximum feasible protection and restoration of ecological processes and
functions and all forms of aquatic, littoral, or terrestrial life-including
animals, fish, shellfish,birds,and plants-and their habitats and migratory
Page 64
St\Ol1ine MasterPlan -Flnat-10/10106
routes. To the extent possible, marinas should be located in areas of low
biological productivity.
2.Boating facilities should be located and designed so their structures and
operations will be esthetically compatible with the area visually affected and
will not unreasonably impair shoreline views. However, the need to protect
and restore ecological functions and to provide for water-dependent uses
carries higher priority than protection of views.
3.Backshore marinas or launch ramps should generally be preferred over
foreshore marinas in cases where they have substantially less impact on
shoreline natural features, vegetation, uses, fisheries, and shellfish resources,
as well as less irreversible appropriation of navigable waters.
4. Car top (hand held) boat launch facilities should be provided at appropriate
public access sites.
c. Regulations
General
1. The City shall require and utilize the following information in its review of
boating facility and marina proposals:
a.Existing natural shoreline and backshore features and uses and
bathymetric contours (I-foot increments).
b.Hydrologic processes and flushing characteristics,volume, rates and
frequencies.
c. Biological resources and habitats for the backshore, foreshore, and aquatic
environments.
d. Area of surface waters appropriated and leased areas.
e. Site orientation;exposure to wind, waves, flooding, or tidal/storm surges;
type and extent of shore defense works or shoreline stabilization and flood
protection necessary.
f. Impact upon existing shoreline and water uses,including public access,
recreation, and views.
g. The design of the facilities,including sewage disposal, water quality
controls, provisions for the prevention and control of fuel spillage, and a
landscaping plan.
h. Other information as necessary to comply with other regulations and
codes.
2.Boating facility development andlor renovations shall comply with all other
applicable state agency policies and regulations, including, but not limited to:
the Department ofFish and Wildlife criteria for the design of bulkheads,
landfills, and marinas; Federal Marine Sanitation standards (EPA)972)
requiring water quality certification from the U.S. Army Corps of Engineers
(Section)0); U.S. Army Corps of Engineers dredging standards (Section
Marysville Shoreline Master Program Page 65
Page 66
404); and state and federal standards for the storage of fuels and toxic
materials.
3.New boating facilities shall not significantly impact the rights of navigation
on the waters of the state.
4.Vessels shall not moor permanently on waters ofthe state without obtaining a
lease or permission from the applicable state agency.
Location
5.When new sites are considered,sufficient evidence must be presented to show
that existing marinas are inadequate and cannot be expanded to meet regional
demand.The City may require a demand or marketing study indicating a need
for a new boating facility..
6.Boating facilities shall not be located where their development would reduce
the quantity or quality of critical aquatic habitat or where significant
ecological impacts would necessarily occur.
7.Marinas and public launch ramps shall,where feasible,be located only on
stable shorelines where water depths are adequate to eliminate or minimize
the need for offshore or foreshore channel construction dredging,maintenance
dredging,spoil disposal,filling,beach enhancement,and other river, lake,
harbor,and channel maintenance activities.
8.Marinas and launch ramps shall be located only in areas where there is
adequate water mixing and flushing and shall be designed so as not to retard
.or negatively influence flushing characteristics.
9.Marinas and launch ramps shall be located so as not to adversely affect flood
channel capacity or otherwise create a flood hazard.
DesignJRenovation/Expansion
10.Boating facilities shall be designed to avoid or minimize significant ecological
impacts.The City shall apply the mitigation sequence defined in Section
4.B.4 in the review of boating facility proposals.On degraded shorelines,the
City may require ecological restoration measures to account for environmental
impacts and risks to the ecology.
11.Marina design shall provide thorough flushing of all enclosed water areas and
shall not restrict the movement of aquatic life requiring shallow water habitat.
12.The marina design shall minimize interference with geohydraulic processes
and disruption of existing shore forms.
13.The perimeter of parking,dry moorage,and other storage areas shall be
landscaped to provide a visual and noise buffer between adjoining dissimilar
uses or scenic areas.The permit application shall identify the size,location,
and species list of landscaping that will be used,stressing native vegetation.
14.Public access,both visual and physical,shall be an integral part of all marina
development and design and must be consistent with the following:
Shorline Master P111n -F1nal-10/10106
a.Provision for the Ebey Waterfront Trail, where applicable.
b.Covered moorage in marinas shall not be constructed.
c.Public and private boating facilities shall provide public access as
described in the Public Access regulations.See SeCtion 4.B.7.Where the
City determines that providing direct public access along the shoreline and
onto the boating facilities would create a safety or security conflict,public
access requirements may be met through alternate means. The City will
determine what alternative means are required.
15.Foreshore marinas extending into the river channel that must involve solid
bulkhead,breakwater,and/or.landfill construction are prohibited.
16.Location of fueling stations on docks, floats,and/or theshore shall be
considered on an individual basis in consultation with the Washington
Department ofFish and Wildlife, the Department of Ecology, and, where
applicable, the Department ofNatural Resources.
17.Location of boat waste disposal facilities (pump-outs,dump stations, and
toilets) shall conform to local and state regulations and shall be considered on
an individual basis with consultation with Departments of Health, Ecology,
and Parks as needed.Boating facilities shall locate stationary boat waste
disposal facilities in close proximity to boat refueling locations unless the City
determines an alternate location is more desirable.
18.Washington State Water Quality Standards shall be strictly adhered to at all
times. The discharge of untreated sewage and/or toxic material from boats
and/or shore installations shall be prohibited within any marina."Toxic
material"is herein defined as any material damaging marine life and includes,
but is not limited to, paints,varnishes,detergents,petroleum,and bilge waste
water.
19. Upland facilities shall be designed and managed in compliance with storm
water BMPs in order to minimize or prevent negative impacts to water
quality.
20.If a marina or boating facility is to be improved or expanded beyond normal
repair and maintenance,then the marina or boating facility must be brought
into compliance With the provisions ofthis SMP.
Parking and Storage
21.Over-water parking facilities are prohibited.
22. To the maximum extent possible,marinas and accessory uses shall share
parking facilities, with marina usage given preference.
Circulation and Utilities
23.Marinas and launch ramps shall provide access adequate to handle the traffic
load generated by the facility and shall be designed to minimize other
Marysville Shoreline Master Program
Page 67
circulation and access conflicts.Backing of trailers on public roads shall be
prohibited.
24. All pipes,plumbing,wires and cables at a marina site shall be placed at or
below ground and dock levels.
25 Adequate fire protection shall be provided as required-by the Washington
State Fire Code.
Residential Uses
26. Moorage of floating homes is prohibited.
27. No more than ten percent of total moorage slips in a marina shall
accommodate liveaboard vessels and houseboats. Where permitted,each
liveaboard or houseboat mooring slip shall be connected to utilities that
provide potable water and wastewater conveyance to an approved disposal
facility.
Boat Launches
28. Launch ramps may be permitted on marine or riverine accretion shoreforms,
provided any necessary grading is not harmful to affected resources and any
accessory facilities are located out of the floodway.
29. Launch ramps shall be permitted only on stable,non-erosional banks,where
no or a minimum number of current deflectors or other stabilization structures
will be necessary.
30. Ramps shall be placed and kept near flush with the foreshore slope to
minimize the interruption of hydrologic processes.
Covered Moorage
31. New covered moorage is prohibited.
4. Commercial Development
a. Applicability
Commercial development means those uses that are involved in wholesale, retail,
service, and business trade.Examples include hotels,motels,grocery markets,
shopping centers,restaurants,shops, offices, and private or public indoor
recreation facilities.
Uses and activities associated with commercial development that are identified as
separate uses in this program include Mining, Industry,Boating Facilities,
Transportation Facilities,Utilities (accessory), and Solid Waste Disposal. Piers
and docks,bulkheads,shoreline stabilization,flood protection,and other shoreline
modifications are sometimes associated with commercial development and are
subject to those shoreline modification regulations in addition to the standards for
commercial development established herein.
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b. Policies
I.Multi-use commercial projects that include some combination of ecological
restoration,public access,open space, and recreation should be encouraged in
the High-Intensity Environment consistent with the City's Comprehensive
Plan.
c. Regulations
General
I.The City shall require and utilize the following information in its review of
commercial development proposals:
a.Nature of the commercial activity (e.g.,water-dependent,water-related,
water-enjoyment,non-water-oriented,mixed-use),including a breakdown
of specific shoreline use components.
b.The reason(s)why the project needs a shoreline location.
c.Design measures to take advantage of the shoreline location.
d.Provisions for ecological restoration and for public visual and physical
access to the shoreline.
e.Provisions to ensure that the development will not cause significant
ecological impacts or adverse environmental impacts.
f.Layout,size,height,and general appearance of all proposed structures.
g.Pedestrian and vehicular circulation,public access features,pavements,
landscaping,and view corridors.
h.For mixed-use proposals,the mix of water-oriented and non-water-
oriented uses and activities,structure locations,site designs and bulk
considerations,enhancements for physical and visual public access to the
shoreline (both public and private space),and other design measures that
address the goals and policies of the master program.
2.Water-oriented commercial developments may be permitted as indicated in
Chapter 3,Section C,"Shoreline Use and Shoreline Modification Matrices."
In accordance with said matrix and other provisions of this master program,
non-water-oriented commercial developments may be permitted by CUP only
where all three of the following can be demonstrated:
a. A water-oriented use is not reasonably expected to locate on the proposed
site due to topography,incompatible surrounding land uses,physical
features,or the site's separation from the water.
b.The proposed development does not usurp or displace land currently
occupied by a water-oriented use and will not interfere with adjacent
water-oriented uses.
c.The proposed development will be of appreciable public benefit by
increasing ecological functions together with public use of or access to the
shoreline.
Marysville Shoreline Master Program Page 69
3.Commercial development shall be designed to avoid or minimize ecological
impacts,to protect human health and safety, and to avoid significant adverse
impacts to surrounding uses and the area's visual qualities. To this end, the
City may adjust the project dimensions and setbacks (so long as they are not
relaxed below minimum standards without a shoreline variance permit) andlor
prescribe operation intensity and screening standards as deemed appropriate.
Need and special considerations for landscaping and buffer areas shall also be
subject to review.
4. All new commercial development proposals will be reviewed by the City for
ecological restoration and public access opportunities.When restoration
and/or public access plans indicate opportunities exist, the City may require
that those opportunities are either implemented as part of the development
project or that the project design be altered so that those opportunities are not
diminished.
All new water-related and water-enjoyment development shall be conditioned
with the requirement for ecological restoration and public access unless those
activities are demonstrated to be not feasible. (See defmition of "feasible.")
All new non-water-oriented development,where allowed, shall be conditioned
with the requirement to provide ecological restoration and public access.
The City shall consult the Environmental Restoration Plan and the Ebey
Waterfront Trail Plan and determine the applicability and extent of ecological
restoration and/or public access required.
5. All cornmercialloading and service areas shall be located on the upland side
of the commercial activities,or provisions must be made to set back and
screen the loading and service area from the shoreline and water body.
6.Commercial development and accessory uses must conform to the setback and
height standards established in Chapter 3,"Environment Designations."
5.Industry
a.Applicability
Industrial developments and uses are facilities for processing,manufacturing,and
storing of finished or semifinished goods.Included in industry are such activities
as container ship terminals,log storage, log rafting,petroleum storage, hazardous
waste generation,transport and storage, ship building,concrete and asphalt
batching,construction,manufacturing,warehousing,lumber mills, and tug and
barge operations.Excluded from this category and covered under other sections
of the master program are boating facilities, piers and docks,mining (including
on-site processing ofraw materials),utilities, solid waste disposal, and
transportation facilities.
Shoreline modifications and other uses associated with port and industrial
development are described separately in this master program.These include
dredging,fill,transportation facilities, utilities piers and docks,bulkheads,
Page 70 Shortioe Masler Plan -Final-10f10106
breakwaters,jetties and groins,shoreline stabilization and flood protection,and
signs.They are subject to their own regulations in addition to the provisions for
ports and industry established in this section.
b. Policies
1.Expansion or redevelopment of existing legally established industrial areas,
facilities, and services to incorporate mixed-use development should be
encouraged over the addition and/or location of new or single-purpose
industrial facilities.
2. Joint use of piers, cargo handling, storage,parking,and other accessory
facilities among private or public entities should be required or strongly
encouraged in waterfront industrial areas.
3. Ecological restoration should be a condition of all non-water-oriented
industrial development.
c. Regulations
General
1. Only water-dependent and water-related industrial development shall be
permitted in the shoreline jurisdiction.Existing non-water-oriented uses may
be expanded,provided ecological restoration is provided, as directed by the
City.
2. The amount of impervious surface shall be the minimum necessary to provide
for the intended use. The maximum impervious surface is 85 percent total lot
area. The remaining land area shall be landscaped with native plants or
treated as directed by the City.
3.Water-dependent industry shall be located and designed to minimize the need
for initial and/or continual dredging, filling, spoil disposal, and other harbor
and channel maintenance activities.
4. Piers, moorage, slips, floats, and launching facilities may be permitted
accessory to industrial development, provided:
a. The facility will serve a water-dependent or water-related use.
b. The facility does not constitute a hazard to navigation.
c. All other provisions pertaining to these uses are met. (See "Piers and
Docks," Section 5.B.3.)
5.Storage and/or disposal of industrial wastes is prohibited within shoreline
jurisdiction;PROVIDED,that wastewater treatment systems may be allowed
in shoreline jurisdiction if alternate, inland areas have been adequately proven
infeasible.
6. At new or expanded industrial developments, the best available facilities
practices and procedures shall be employed for the safe handling of fuels and
toxic or hazardous materials to prevent them from entering the water, and
optimum means shall be employed for prompt and effective cleanup of those
Marysville Shoreline Master Program Page 71
Page 72
spills that do occur. The City may require specific facilities to support those
activities as well as demonstration of a cleanup/spill prevention program.
7. All new or expanded upland industrial development shall be set back from the
shoreline at least 70 feet and buffered from adjacent shoreline properties
which are used for nonindustrial purposes according to the standard described
in the environment designation matrix.Industrial buildings,parking lots,
storage areas, and work areas shall be set back from side property lines at least
10 feet and planted with native vegetation as directed by the City or as
otherwise outlined in MMC 19.12.040 and 19.16.090.
8.Consistent with other provisions of this master program,ports and/or industry
shall provide public access to the shoreline and/or provide opportunities for
public viewing of the industrial activity according to Section 4.B.7,"Public
Access."
9.Display and other exterior lighting shall be designed,shielded,and operated to
minimize glare, avoid illuminating nearby properties,and prevent hazards for
public traffic.
10.Storm water BMPs shall be followed. See the City's storm water
management ordinance.
Log Storage
11.Unpaved storage areas underlain by permeable soils shall have at least a three-
foot separation between the ground surface and the highest seasonal water
table.
12. Berms, dikes,grassy swales,vegetated buffers,retention ponds, or other
means shall be used to ensure that surface runoff is collected and discharged
from the storage area at one point,if possible. New development shall be
conditioned with the requirement that it be demonstrated that state water
quality standards and/or criteria will not be violated by such runoff under any
conditions of flow leaving the site and entering into nearby water courses.lf
such demonstration is not possible,treatment facilities for runoff shall be
provided,meeting state and federal standards.
13.Offshore log storage, when allowed, shall be located where natural tidal or
current flushing and water circulation is optimal to disperse polluting wastes.
14. Log storage shall not be permitted in public waters where water quality
standards cannot be met at all times or where these activities are a hindrance
to other beneficial water uses, such as small craft navigation.
15. The free-fall,violent dumping oflogs into water shall be prohibited.Easy let-
down devices shall be employed for placing logs in the water.
16.Positive bark and wood debris control, collection, and disposal methods shall
be employed at log dumps, raft building areas, and mill-side handling zones.
This shall be required for both floating and sinking particles.
Sharline MasterPlan- Flnal-10/1Q/06
17. Log dumps shall not be located in rapidly flowing waters or other water zones
where bark and debris controls cannot be effectively provided.
18. Bark and other debris shall be kept out of the water and immediately removed
if accidentally allowed to enter the water.
19. Logs shall not be dumped, stored, or rafted where grounding will occur.
20. Where water depths will permit the floating of bundled logs, they shall be
secured in bundles on land before being placed in the water.Bundles shall not
be broken again except on land or at millside.
Ship and Boat Building and Repair Yards
21. Ship and boat building and repair yards shall employ best management
practices (BMPs)concerning the various services and activities they perform
and their impacts on the surrounding water quality.Standards for BMPs are
found in Water Quality Manual: Best Management Practices.
6.In-Stream Structures
a.Applicability
In-stream structures are constructed waterward of the OHWM and either cause or
have the potential to cause water impoundment or diversion, obstruction, or
modification of water flow.They typically are constructed for hydroelectric
generation and transmission (including both public and private facilities), flood
control, irrigation,water supply (both domestic and industrial),recreational,or
fisheries enhancement.Both the structures themselves and their support facilities
are covered by this section. This applies to their construction,operation, and
maintenance,as well as the expansion of existing structures and facilities.
b.Policies
I. In-stream structures should provide for the protection,preservation,and
restoration of ecosystem-wide processes, ecological functions, and cultural
resources, including,but not limited to, fish and fish passage,wildlife and
water resources,shoreline critical areas,hydrogeological processes,and
natural scenic vistas. Within the City of Marysville, in-stream structures
should be allowed only for the purposes of environmental restoration.
c.Regulations
1. In-stream structures arepermitted only for the purposes of environmental
restoration.
2. In-stream structures may be required to provide public access,provided public
access improvements do not create significant ecological impacts or other
adverse environmental impacts to and along the affected shoreline nor create a
safety hazard to the public. Public access provisions shall include, but not be
limited to, any combination of trails, vistas, parking, and any necessary
sanitation facilities. Required public access sites shall be dedicated for public
Marysville Shoreline Master Program Page 73
use through fee acquisition or recorded easement.The public access
provisions in Section 4.B.7 apply.
7.Recreational Development
a. Applicability
Recreational development includes public and commercial facilities for passive
recreational activities such as hiking,photography,viewing,and fishing.It also
includes facilities for active or more intensive uses,such as parks,campgrounds,
golf courses,and other outdoor recreation areas.This section applies to both
publicly and privately owned shoreline facilities intended for use by the public or
a private club,group,association or individual.
Recreational uses and development can be part of a larger mixed-use project.For
example,a resort will probably contain characteristics of, and be reviewed under,
both the "Commercial Development"and the "Recreational Development"
sections.Primary activities such as boating facilities,subdivisions,and motels are
not addressed directly in this category.
Uses and activities associated with recreational developments that are identified
as separate use activities in this program,such as "Boating Facilities,""Piers and
Docks,""Residential Development,"and "Commercial Development,"are subject
to the regulations established for those uses in addition to the standards for
recreation established in this section.
b. Policies
I.The coordination of local,state,and federal recreation planning should be
encouraged to satisfy recreational needs.Shoreline recreational developments
should be consistent with all adopted park,recreation,and open space plans.
State-owned shorelines,being particularly adapted to providing wilderness
beaches,ecological study areas, and other recreational uses,should be given
special consideration for park and recreational uses.
2.Recreational developments and plans should promote the primacy of
preserving the natural character,resources and ecological functions and
processes
3. A variety of compatible recreational experiences and activities should be
encouraged to satisfy diverse recreational needs.
4.Water-dependent recreational uses,such as angling,boating,and swimming,
should have priority over water-enjoyment uses,such as picnicking and golf.
Water-enjoyment uses should have priority over non-water-oriented
recreational uses, such as baseball or soccer.
5. The linkage of shoreline parks,recreation areas,and public access points with
linear systems,such as hiking paths,bicycle paths,easements,and/or scenic
drives,should be encouraged.Recreational facilities should be integrated
with public access systems.
Page 74 Shornre Master Plan- Final-10/10/06
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6. Where appropriate,nonintensive recreational uses may be permitted in
floodplain areas.Nonintenive recreational uses include those that do not do
any of the following:
• Adverselyaffectthe natural hydrology ofthe river.
• Createanyflood hazards.
•Damage the shoreline environment through modifications suchas structural
shoreline stabilization or vegetation removal.
c. Regulations
I.Water-oriented recreational developments may be permitted as indicated in
Chapter 3, Section C,"Shoreline Use and Shoreline Modification Matrices."
In accordance with said matrix and other provisions ofthis master program,
non-water-oriented recreational developments may be permitted only where it
can be demonstrated that:
a. A water-oriented use is not reasonably expected to locate on the proposed
site due to topography,surrounding land uses,physical features, or the
site's separation from the water.
b. The proposed use does not usurp or displace land currently occupied by a
water-oriented use and will not interfere with adjacent water-oriented uses.
c. The proposed use will be of appreciable public benefit by increasing
ecological functions together with public use, enjoyment, or access to the
shoreline.
2.Accessory parking shall not be located in shoreline jurisdiction unless the City
determines there is no other feasible option.
3. All new recreational development proposals will be reviewed by the City for
ecological restoration and public access opportunities.When restoration
and/or public access plans indicate opportunities exist, the City may require
that those opportunities are either implemented as part of the development
project or that the project design be altered so that those opportunities are not
diminished.
All new non-water-oriented recreational development,where allowed, shall be
conditioned with the requirement to provide ecological restoration and public
access.
The City shall consult the Environmental Restoration Plan and the Ebey
Waterfront Trail Plan and determine the applicability and extent of ecological
restoration and/or public access required.
4.Substantial structures,such as restrooms,recreation halls and gymnasiums,
recreational buildings and fields, access roads, and parking areas, shall be set
back from the OHWM at least 70 feet unless it can be shown that such
facilities are essentially water-dependent or there is no feasible alternative.
These areas may be linked to the shoreline by walkways.
5. For recreation developments that require the use of fertilizers, pesticides, or
other toxic chemicals,such as golf courses and play fields, the applicant shall
Marysville Shoreline Master Program Page 75
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submit plans demonstrating the methods to be used to prevent these
applications and resultant leachate from entering adjacent water bodies.
Buffer strips and,if practical,shade trees shall be included in the
development. The City shall determine the maximum width necessary for
buffer strips, but in no case shall the buffer strip be less than 50 feet. The
proponent shall also be required to leave a chemical-free swath at least 100
feet in width next to water bodies and wetlands.
6. Snags and living trees (i.e., large cottonwoods)shall not be removed within
the 50-foot setback unless a professional forester or horticulturalist determines
them to be extreme hazards and likely to fall into a park use area. Snags and
living trees within the setback which do not present an extreme hazard shall
be retained.
8.Residential Development
a. Applicability
Residential development means one or more buildings,structures,lots, parcels or
portions thereof which are designed for and used or intended to be used to provide
a place of abode for human beings,including single-family residences,duplexes,
other detached dwellings,floating homes,multi-family residences,apartments,
townhouses,mobile home parks, other similar group housing,condominiums,
subdivisions and short subdivisions,together with accessory uses and structures
normally applicable to residential uses including but not limited to garages, sheds,
tennis courts,swimming pools,parking areas, fences, cabanas, saunas and guest
cottages.Residential development does not include hotels, motels or any other
type of overnight or transient housing,recreational vehicle parks, or camping
facilities.
The Shoreline Management Act identifies single-family residences as a priority
use when (and only when)developed in a manner consistent with the control of
pollution and prevention of damage to the natural environment. Although some
owner-occupied single-family residences are exempt from the substantial
development permit process,they still must comply with all of the provisions of
this section and of the master program.Subdivisions and short subdivisions must
also comply with all of the provisions of this section and the master program. All
development is subject to the variance and conditional use requirements and
permit processes,when indicated.
Uses and facilities associated with residential development which are identified as
separate use activities or shoreline modifications in this program,such as Boating
Facilities,Piers,Shoreline Stabilization and Flood Protection,Utilities,Landfill
and Clearing and Grading,are subject to the regulations established for those
modifications in addition to any special conditions relating to residential areas
established in this section.
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b. Policies .
1.Recognizing the single-purpose,irreversible,and space-consumptive nature of
shoreline residential development,new development should provide adequate
setbacks and natural buffers from the water and ample open space between
structures to provide space for outdoor recreation,to protect and restore
ecological functions and ecosystem-wide processes,to preserve views, and to
minimize use conflicts.
2. New residential development should be designed so as to not cause significant
ecological impacts or significant adverse impacts to shoreline esthetic
characteristics,views, and improve public use of the shoreline and the water.
3. New residential development should be located and designed so as to
minimize conflicts or incompatibilities with water-oriented uses.Residential
development should not be allowed where occupants would be exposed to
noise, bright lights,or other necessary impacts of water development uses,
such as water-dependent-industrial activities.
c. Regulations
J.In accordance with the SMA, Chapter 90.58 RCW, the following categories of
development on single-family residential properties do not require a shoreline
substantial development permit.
•Construction in shoreline jurisdiction by an owner, lessee, or contract
purchaser of a single-family residence for his own use or for the use of his
family that does not exceed a height of35 feet above average grade level
and meets all of the requirements of this master program and other
applicable local, state, and federal laws.
•"Appurtenances"to single-family residences located landward of the
OHWM and the perimeter of a wetland,including such structures as
garages, decks,driveways,utilities, fences, installation of a septic tank and
drainfield,and grading that does not exceed 250 cubic yards and that does
not involve placement of fill in any wetland or waterward of the OHWM.
• The construction of shoreline stabilization,including vegetation
enhancement,beach enhancement,upland drainage control,revetments,
bulkheads,and seawalls.
HOWEVER,all of the development described above shall meet the provisions
of this master program. In order to implement the objectives of the Shoreline
Management Act, RCW 90.58.020, the City shall review development
proposals for such actions. Persons intending to carry out the types of single-
family development described above shall apply for a "letter of exemption."
Piers, docks and mooring floats accessory to single family residences are not
allowed.
2. Residential development,including appurtenances and accessory uses, shall
be prohibited within floodways, channel migration zones,wetlands,critical
wildlife habitats, and other hazardous areas, such as steep slopes and areas
with unstable soils or geologic conditions.
Marysville Shoreline Master Program Page 77
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3.New residential development is not allowed in the Urban Conservancy
Environment.Existing residential development constructed and occupied
prior to the adoption of this master program may be allowed to be altered or
expanded,provided the new development does not increase the
nonconformance and meets the requirements of the City's Critical Area
Ordinance,adopted May 2,2005,and this master program.
New residential development may be allowed on lots along Quilceda Creek
existing prior to the adoption of this SMP,provided the proposal meets the
Marysville Critical Area Ordinance and the "Critical Areas"section of this
SMP.
4.Appurtenances,as defined in this master program consistent with Chapter
173-27 WAC (or in the definitions;see also Regulation 2 above),shall be
subject to the same conditions as primary residences,except that for the
protection of human health and safety and ecological functions further
restrictions may apply.
5.Accessory uses that are not appurtenant structures shall be reasonable in size
and purpose and compatible with on-site and adjacent structures,uses,and
natural features.
Accessory structures that are not water-dependent are prohibited waterward of
the principal residence.
6.The creation of new lots shall be prohibited unless all of the following can be
demonstrated.
a. A primary residence can be build on each new lot without any of the
following being necessary:
• New structural shoreline stabilization.
•New development or e1earingand grading within 50 feet of the OHWM.
•New structures in the required shoreline setback,100-year floodplain,geohazardous
areas,wetland,required wetland buffer,critical habitat,or critical habitat buffer.
•Causing significant erosion or reduction in slope stability.
•Causing increased flood hazard or erosion in the new development or to other
properties.
b.Adequate sewer,water,access,and utilities can be provided.
c.The intensity and type of development is consistent with the City
comprehensive plan and development regulations.
d.Potential significant adverse environmental impacts (including significant
ecological impacts)can be avoided or mitigated to achieve no net loss of
ecological functions,taking into consideration temporal loss due to
development and potential adverse impacts to the environment.
7.Over-water residences and floating homes are prohibited.
8.Multiunit development,including the subdivision ofland into more than four
parcels,shall be required to provide public access according to Section 4.B.7,
"Public Access,"and the Ebey Waterfront Trail Program.
Sharline Master Pien-Final -10/10106
,'
The City will determine whether or not a proposed development meets the above
conditions.
9.Transportation and Parking
a. Applicability
Transportation facilities are those structures and developments that aid in land and
water surface movement of people,goods, and services.They include roads and
highways,bridges and causeways,bikeways,trails,railroad facilities,ferry
terminals,float plane terminals,airports,heliports,and other related facilities.
The various transport facilities that can impact the shoreline cut across all
environmental designations and all specific use categories ..The policies and
regulations identified in this section pertain to any project,within any
environment,that is effecting some change in present transP9rtation facilities.
b. Policies
I.Circulation system planning to and on shorelands should include systems
for pedestrian,bicycle,and public transportation where appropriate.
Circulation planning and projects should support existing and proposed
shoreline uses that are consistent with the master program.
2.
3. Trail and bicycle paths should be encouraged along shorelines and should be
constructed in a manner compatible with the natural character,resources,and
ecology of the shoreline.P.77,9b.4:Trail and bicycle paths should be
encouraged along shorelines and should be constructed in a manner that does
not reduce or substantially impact shoreline resources or ecological functions.
4. When existing transportation corridors are abandoned,they should be reused
for water-dependentuse or public access.
5.Abandoned or unused road or railroad rights-of-way that offer opportunities
for public access to the water should be acquired and/or retained for such use.
c.Regulations
General
I.Applications for new or expanded transportation facilities development in
shoreline jurisdiction shall include the following information:
•Demonstration ofthe needforthe facility.
• An analysisof alternative alignments or routes,including where feasible,
alignments orroutesoutside shoreline jurisdiction.
• An analysisofpotentialimpacts complying withthe State Environmental Policy
Act,includingan analysis of comparative impacts of feasible alternative routes.
(Seethe definition of"feasible"inChapter7.)
•Description of construction,including location,construction type,and materials.
• If needed,description of mitigation and restoration measures.
Marysville Shoreline Master Program Page 79
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2.New non-water-dependent transportation facilities shall be located outside
shoreline jurisdiction,if possible.In determining the feasibility of a non-
shoreline location, the City will apply the definition of "feasible"in Chapter 7
and weigh the action's relative public costs and benefits,considered in the
short- and long-term time frames.
3. All new and expanded transportation facilities development shall be
conditioned with the requirement to mitigate significant adverse impacts
consistent with Section 4.8.4 of this master program.New or expanded
transportation facilities development that cause significant ecological impacts
shall not be allowed unless the development includes shoreline
mitigation/restoration that increases the ecological functions being impacted
to the point where:
•Significant short-and long-term risksto the shoreline ecology fromthe
development are eliminated.
• 'Long-term opportunities to increasethe natural ecological functions and
processes arenot diminished.
If physically feasible, the mitigation/restoration shall be in place and
functioning prior to project impacts. The mitigation/restoration shall include a
monitoring and adaptive management program.
4. All roads and railroads,if permitted parallel to shoreline areas, shall be
adequately set back from water bodies (see Section 3.c) and shall provide
buffer areas of compatible,self-sustaining vegetation.Shoreline scenic drives
and viewpoints may provide breaks periodically in the vegetative buffer to
allow open views of the water.
S.New transportation facilities shall be located and designed to prevent or to
minimize the need for shoreline protective measures such as riprap or other
bank stabilization,fill,bulkheads,groins,jetties,or substantial site grading.
Transportation facilities allowed to cross over water bodies and wetlands shall
utilize elevated, open pile, or pier structures whenever feasible. All bridges
must be built high enough to allow the passage o'f debris and provide three
feet of freeboard above the 100-year flood level.
6. All new and expanded transportation facilities development in shoreline
jurisdiction shall be consistent.with the City's comprehensive plan and
applicable capital improvement plans.
7. New and expanded transportation facilities development shall include
provisions for pedestrian,bicycle,and public transportation where appropriate
as determined by the City.Circulation planning and projects shall support
existing and proposed shoreline uses that are consistent with the master
program.
8,Transportation facilities and services shall utilize existing transportation
corridors whenever possible,P.79:Expansions,additions or modifications
shall be designed and/or conditioned to eliminate or minimize adverse impacts
consistent with Section 4.8.4.
Shorline Masler Plan -Rnal-10110106
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9.Transportation and primary utility facilities shall be required to make joint use
of rights-of-way and to consolidate crossings of water bodies ifpracticable,
where adverse impact to the shoreline can be minimized by doing so.
10. Fills for transportation facilities development are prohibited in water bodies,
wetlands, and accretion beaches;EXCEPT,when all structural and upland
alternatives have been proven infeasible and the transportation facilities are
necessary to support uses consistent with this program,such fill may be
permitted as a CUP.
11. New and expanded transportation facilities development shall not diminish
but may modify public access to the shoreline, as described in Section 4.B.7.
12.Waterway crossing shall be designed to provide minimal disturbance to banks.
13. Roads and railroads shall be located to minimize the need for routing surface
waters into and through culverts.
14. Culverts and similar devices shall be designed with regard to the 25-year
storm frequencies and allow continuous fish passage.Culverts shall be
located so as to avoid relocation of the stream channel.
15. Bridges, crossings, debris grates, culverts, and similar devices used by fish
shall meet all requirements set by the State Department of Fish and Wildlife.
16. All transportation facilities shall be designed,constructed,and maintained to
contain and control all debris,overburden,runoff, erosion, and sediment
generated from the affected areas.Relief culverts and diversion ditches shall
not discharge onto erodible soils, fills, or sidecast materials without
appropriate BMP's.
17.Bridge abutments and necessary approach fills shall be located landward of
wetlands or the OHWM for water bodies without wetlands;PROVIDED,
bridge piers may be permitted in a water body or wetland as a conditional use.
18.All shoreline areas disturbed by transportation facility construction and
maintenance shall be replanted and stabilized with compatible,self-sustaining
vegetation by seeding,mulching,or other effective means immediately upon
completion of the construction or maintenance activity. Such vegetation shall
be maintained until established by the agency or developer constructing or
maintaining the road. The vegetation restoration/replanting plans shall be as
approved by the City.
10.Utilities
a.Applicability
Utilities are services and facilities that produce, transmit, carry, store,process,or
dispose of electric power, gas, water, sewage,communications,oil, and the like.
The provisions in this section apply to primary uses and activities, such as solid
waste handling and disposal, sewage treatment plants and outfalls,public high-
Marysville Shoreline Master Program Page 81
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tension utility lines on public property or easements,power generating or transfer
facilities,and gas distribution lines and storage facilities.See Section 4.B.l 0,
"Utilities,"for on-site accessory use utilities.
Solid waste disposal means the discharge,deposit,injection,dumping,spilling,
leaking,or placing of any solid or hazardous waste on any land area or in the
water.
Solid waste includes all putrescible and nonputrescible solid and semisolid
wastes,including garbage,rubbish,ashes,industrial wastes,wood wastes and sort
yard wastes associated with commercial logging activities,swill,demolition and
construction wastes,abandoned vehicles and parts of vehicles,household
appliances and other discarded commodities.Solid waste does not include
sewage,dredge material or agricultural or other commercial logging wastes not
specifically listed above.
b. Policies
1.New utility facilities should be located so as not to require extensive shoreline
protection works.
2.Utility facilities and corridors should be located so as to protect scenic views.
Whenever possible,such facilities should be placed underground or alongside
or under bridges.
3.Utility facilities and rights-of-way should be designed to preserve the natural
landscape and to minimize conflicts with present and planned land uses.
c. Regulations
J.Applications for new or expanded utility facilities development in shoreline
jurisdiction shall include the following:
a.Demonstration of the need for the facility.
b. An analysis of alternative alignments or routes,including where feasible,
alignments or routes outside shoreline jurisdiction.
c. An analysis of potential impacts complying with the State Environmental
Policy Act,including an analysis of comparative impacts of feasible
alternative routes.(See the definition of "feasible"in Chapter 7.)
d.Description of construction,including location,construction type, and
materials.
e.Location of other utility facilities in the vicinity of the proposed project
and any plans to include the facilities of other types of utilities in the
project.
f.Plans for reclamation of areas disturbed during construction.
g.Plans for control of erosion and turbidity during construction and
operation.
Shorline MaslcfPlan-Final-10/10/06
h.Identification of any possibility for locating the proposed facility at
another existing utility facility site or within an existing utility right-of-
way.
2. All utility facilities shall be designed and located to minimize harm to
shoreline ecological functions, preserve the natural landscape, and minimize
conflicts with present and planned land and shoreline uses while meeting the
needs of future populations in areas planned to accommodate growth. The
City may require the relocation or redesign of proposed utility development in
order to avoid significant ecological impacts or significant adverse impacts.
3.Utility production and processing facilities, such as power plants or parts of
those facilities that are non-water-oriented shall not be allowed in shoreline
areas unless it can be demonstrated that no other feasible option is available.
In such cases,significant ecological impacts shall be avoided.
4.Transmission facilities for the conveyance of services, such as power lines,
cables, and pipelines,shall be located to cause minimum harm to the shoreline
and shall be located outside of the shoreline area where feasible.Utilities
should be located in existing rights-of-way and corridors whenever possible.
5.Development of pipelines and cables on tidelands,particularly those running
roughly parallel to the shoreline, and development offacilities that may
require periodic maintenance or that cause significant ecological impacts shall
not be allowed unless no other feasible option exists. When permitted,those
facilities shall include adequate provisions to protect against significant
ecological impacts.
6.Restoration of ecological functions shall be a condition of new and expanded
non-water-dependent utility facilities.
7.Utility development shall, through coordination with local government
agencies,provide for compatible,multiple use of sites and rights-of-way.
Such uses include shoreline access points, trail systems and other forms of
recreation and transportation,providing such uses will not unduly interfere
with utility operations,endanger public health and safety or create a
significant and disproportionate liability for the owner.
8New solid waste disposal sites and facilities are prohibited.Existing solid waste
disposal and transfer facilities in shoreline jurisdiction shall be expeditiously
phased out and rehabilitated.
9. New electricity,communications and fuel lines shall be located underground,
except where the presence of bedrock or other obstructions make such
placement infeasible or if it is demonstrated that above-ground lines would
have a lesser impacts. Existing above ground lines shall be moved
underground during normal replacement processes.
10.Transmission and distribution facilities shall cross areas of shoreline
jurisdiction by the shortest, most direct route feasible, unless such route would
cause significant environmental damage.
Marysville Shoreline Master Program Page 83
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II.Utility developments shall be located and designated so as to avoid or minimize
the use of any structural or artificial shore defense or flood protection works.
12.Utility production and processing facilities shall be located outside SMA
jurisdiction unless no other feasible option exists. Where major facilities must
be placed in a shoreline area, the location and design shall be chosen so as not
to destroy or obstruct scenic views.
•
13. All underwater pipelines transporting liquids intrinsically harmful to aquatic
life or potentially injurious to water quality are prohibited,unless no other
feasible alternative exists.In those limited instances when permitted by
conditional use,automatic shut-off valves shall be provided on both sides of
the water body,
14.Filling in shoreline jurisdiction for utility facility or line development
purposes is prohibited,except where no other feasible option exists and the
proposal would avoid or minimize impacts more completely than other
methods.Permitted crossings shall utilize pier or open pile techniques.
15.If allowed,power-generating facilities shall require a conditional use permit.
16.Clearing of vegetation for the installation or maintenance of utilities shall be
kept to a minimum and upon project completion any disturbed areas shall be
restored to their preproject condition.
17.Telecommunication towers, such as radio and cell phone towers, are
specifically prohibited.
Shorline Masler A<Jn - Finel-10!10/06
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CHAPTER 7
Definitions
Accessory use.Any structure or use incidental and subordinate to a primary use or development.
Act.The Shoreline Management Act (Chapter 90.58 RCW).
Adjacent lands.Lands adjacent to the shorelines of the state (outside of shoreline jurisdiction).
Administrator.The City of Marysville Community Development Director or hislher designee,
charged with the responsibility of administering the shoreline master program.
Appurtenance.A structure or development which is necessarily connected to the use and
enjoyment of a single-family residence and is located landward of the ordinary high water mark
and also of the perimeter of any wetland.(On a state-wide basis,normal appurtenances include a
garage,deck,driveway,utilities,fences and grading which does not exceed two hundred fifty
cubic yards.)
Aquatic.Pertaining to those areas waterward of the ordinary high water mark.
Aquaculture.The cultivation of fish,shellfish,and/or other aquatic animals or plants,including
the incidental preparation of these products for human use.
Archaeological.Having to do with the scientific study of material remains of past human life
and activities.
Average grade level.See "base elevation."
Base elevation.The average elevation of the approved topography of a parcel at the midpoint on
each of the four sides of the smallest rectangle that will enclose the proposed structure,excluding
eaves and decks.The approved topography of a parcel is the natural topography of a parcel or
the topographic conditions approved by the City prior to August 10, 1969, or as approved by a
subdivision,short subdivision,binding site plan,shoreline substantial development permit,
filling and gradingpermit,or SEPA environmental review issued after August 10, 1969. An
approved benchmark will establish the relative elevation of the four points used to establish the
base elevation.
Beach.The Zone of unconsolidated material that is moved by waves and wind currents,
extending landward to the shoreline.
Beach enhancement/restoration.Process of restoring a beach to a state more closely resembling
a natural beach,using beach feeding,vegetation,drift sills and other nonintrusive means as
applicable.
Marysville Shoreline Master Program Page 85
.---------------------------------------------
Berm.A linear mound or series of mounds of sand and/or gravel generally paralleling the water
at or landward of the line of ordinary high tide.Also,a linear mound used to screen an adjacent
activity,such as a parking lot, from transmitting excess noise and glare.
Bioengineering.The use of biological elements,such as the planting of vegetation,often in
conjunction with engineered systems,to provide a structural shoreline stabilization measure with
minimal negative impact to the shoreline ecology.
Biofiltration system.A storm water or other drainage treatment system that utilizes as a primary
feature the ability of plant life to screen out and metabolize sediment and pollutants.Typically,
biofiltration systems are designed to include grassy swales,retention ponds and other vegetative
features.
Bog.A wet,spongy,poorly drained area which is usually rich in very specialized plants,
contains a high percentage of organic remnants and residues and frequently is associated with a
spring,seepage area,or other subsurface water source.A bog sometimes represents the final
stage of the natural process of eutrophication by which lakes and other bodies of water are very
slowly transformed into land areas.
Buffer area.A parcel or strip ofland that is designed and designated to permanently remain
vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site
from upland impacts,to provide habitat for wildlife and to afford limited public access.
Building height.The vertical distance from the base elevation of a building to the highest point
of the roof,exclusive of building appurtenances.
Bulkhead.A solid wall erected generally parallel to and near the ordinary high water mark for
the purpose of protecting adjacent uplands from waves or current action.
Buoy.An anchored float for the purpose of mooring vessels.
Channel.An open conduit for water,either naturally or artificially created;does not include
artificially created irrigation,return flow, or stockwatering channels.
City.The City of Marysville Washington.
Clearing.The destruction or removal of vegetation ground cover,shrubs and trees including,but
not limited to,root material removal and/or topsoil removal.
Conditional use.A use,development,or substantial development which is classified as a
conditional use or is not classified within the applicable master program.
Covered moorage.Boat moorage,with or without walls,that has a roof to protect the vessel.
Department ofEcology.The Washington State Department of Ecology.
Development.A use consisting of the construction or exterior alteration of structures;dredging;
drilling;dumping;filling;removal of any sand,gravel,or minerals;bulkheading;driving of
piling;placing of obstructions;or any project of a permanent or temporary nature which
Page 86 Shorline MasterP1all-Finsl·l0/10106
interferes with the normal public use of the surface of the waters of the state subject to Chapter
90.58 RCW at any stage of water level.(RCW 90.58.030(3)(d).)
Development regulations.The controls placed on development or land uses by a county or city,
including, but not limited to,zoning ordinances,critical areas ordinances,all portions of a
shoreline master program other than goals and policies approved or adopted under Chapter 90.58
RCW,planned unit development ordinances,subdivision ordinances,and binding site plan
ordinances together with any amendments thereto.
Director.City of Marysville Community Development Director.
Dock A structure which abuts the shoreline and is used as a landing or moorage place for craft.
A dock may be built either on a fixed platform or float on the water. See also "development"
and "substantial development."
Document ofrecord.The most current shoreline master program officially approved or adopted
by rule by the Department of Ecology for a given local government jurisdiction,including any
changes resulting from appeals filed pursuant to RCW 90.58.190
Dredging.Excavation or displacement of the bottom or shoreline of a water body.
Ecological functions (or shoreline functions).The work performed or role played by the
physical,chemical,and biological processes that contribute to the maintenance of the aquatic and
terrestrial environments that constitute the shoreline's natural ecosystem.
Ecosystem-wide processes.The suite of naturally occurring physical and geologic processes of
erosion,transport,and deposition and specific chemical processes that shape landforms within a
specific shoreline ecosystem and determine both the types of habitat and the associated
ecological functions.
E1S.Environmental Impact Statement.
Emergency.An unanticipated and imminent threat to public health, safety, or the environment
which requires immediate action within a time too short to allow full compliance with the master
program.Emergency construction is construed narrowly as that which is necessary to protect
property and facilities from the elements.Emergency construction does not include development
of new permanent protective structures where none previously existed. Where new protective
structures are deemed by the administrator to be the appropriate means to address the emergency
situation, upon abatement of the emergency situation the new structure shall be removed or any
permit which would have been required, absent an emergency,pursuant to Chapter 90.58 RCW,
these regulations,or the local master program,obtained All emergency construction shall be
consistent with the policies of Chapter 90.58 RCW and the local master program. As a general
matter, flooding or seasonal events that can be anticipated and may occur but that are not
imminent are not an emergency.(RCW 90.58.030(3eiii).)
Enhancement.Alteration of an existing resource to improve or increase its characteristics,
functions, or processes without degrading other existing ecological functions.Enhancements are
to be distinguished from resource creation or restoration projects.
Marysville Shoreline Master Program Page 87
Erosion.The wearing away ofland by the action of natural forces.
Exemption.Certain specific developments as listed in WAC 173-27-040 are exempt from the
definition of substantial developments are therefore exempt from the substantial development
permit process of the SMA.An activity that is exempt from the substantial development
provisions of the SMA must still be carried out in compliance with policies and standards of the
Act and the local master program.Conditional use and/or variance permits may also still be
required even though the activity does not need a substantial development permit.(RCW
90.58.030(3e);WAC 173-27-040.)(See also "development"and "substantial development.")
Fair market value.The open market bid price for conducting the work,using the equipment and
facilities,and purchase of the goods,services,and materials necessary to accomplish the
development.This would normally equate to the cost of hiring a contractor to undertake the
development from start to finish,including the cost oflabor,materials,equipment and facility
usage,transportation,and contractor overhead and profit.The fair market value of the
development shall include the fair market value of any donated,contributed,or found labor,
equipment,or materials.
Feasible.For the purpose of this master program,that an action, such as a development project,
mitigation,or preservation requirement,meets all of the following conditions:
(a) The action can be accomplished with technologies and methods that have been used in the
past, or studies or tests have demonstrated that such approaches are currently available and
likely to achieve the intended results.
(b) The action provides a reasonable likelibood of achieving its intended purpose.
(c) The action does not physically preclude achieving the project's primary intended use.
In cases where these guidelines require certain actions unless they are infeasible,the burden of
proving infeasibility is on the applicant.
In determining an action's infeasibility,the City may weigh the action's relative public costs and
public benefits,considered in the short- and long-term time frames.
Fill.The addition of soil, sand, rock, gravel,sediment,earth retaining structure,or other material
to an area waterward of the ordinary high water mark,in wetlands,or on shorelands in a manner
that raises the elevation or creates dry land.
Floats.An anchored,buoyed object.
Floodway.Those portions of the area of a river valley lying streamward from the outer limits of
a watercourse upon which flood waters are carried during periods of flooding that occur with
reasonable regularity,although not necessarily annually,said floodway being identified,under
normal condition,by changes in surface soil conditions or changes in types or quality of
vegetative ground cover condition.The floodway shall not include those lands that can
reasonably be expected to be protected from flood waters by flood control devices maintained by
or maintained under license from the federal government,the state, or a political subdivision of
the state.
Page 88 Shor1ine Master Ptan-Anal·10110106
Gabions.Structures composed ofmasses of rocks,rubble or masonry held tightly together
usually by wire mesh so as to form blocks or walls.Sometimes used on heavy erosion areas to
retard wave action or as foundations for breakwaters or jetties.
Geotechnical report (or geotechnical analysis).A scientific study or evaluation conducted by a
qualified expert that includes a description of the ground and surface hydrology and geology, the
affected land form and its susceptibility to mass wasting,erosion,and other geologic hazards or
processes,conclusions and recommendations regarding the effect of the proposed development
on geologic conditions,the adequacy of the site to be developed,the impacts of the proposed
development,alternative approaches to the proposed development,and measures to mitigate
potential site-specific and cumulative impacts of the proposed development,including the
potential adverse impacts to adjacent and down-current properties.Geotechnical reports shall
conform to accepted technical standards and must be prepared by qualified engineers or
geologists who are knowledgeable about the regional and local shoreline geology and processes.
Grade.See "base elevation."
Grading.The movement or redistribution of the soil, sand, rock, gravel,sediment,or other
material on a site in a manner that alters the natural contour of the land.
Grassy Swale.A vegetated drainage channel that is designed to remove various pollutants from
storm water runoff through biofiltration.
Guidelines.Those standards adopted by the Department of Ecology into the Washington
Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of
use of the shorelines of the state prior to adoption of master programs. Such standards shall also
provide criteria for local governments and the Department of Ecology in developing and
amending master programs.
Habitat.The place or type of site where a plant or animal naturally or normally lives and grows.
Height.See "building height."
Hydrological.Referring to the science related to the waters of the earth including surface and
ground water movement,evaporation and precipitation.Hydrological functions in shoreline
inelude,water movement,storage,flow variability,channel movement and reconfiguration,
recruitment and transport of sediment and large wood, and nutrient and pollutant transport,
removal and deposition,
Letter ofexemption.A letter or other official certificate issued by a local government to indicate
that a proposed development is exempted from the requirement to obtain a shoreline permit as
provided in WAC 173-27-050.Letters of exemption may include conditions or other provisions
placed on the proposal in order to ensure consistency with the Shoreline Management Act, this
chapter, and the applicable master program.
Littoral.Living on, or occurring on, the shore.
Marysville Shoreline Master Program Page 89
Littoral drift.The mud, sand, or gravel material moved parallel to the shoreline in the nearshore
zone by waves and currents.
May.Refers to actions that are acceptable,provided they conform to the provisions of this
master program and the Act.
Mitigation (or mitigation sequencing).The process of avoiding,reducing,or compensating for·
the environmental impact(s)of a proposal,including the following listed in the order of sequence
priority, with (a)ofthis subsection being top priority.
(a)Avoiding the impact altogether by not taking a certain action or parts of an action.
(b)Minimizing impacts by limiting the degree or magnitude of the action and its implementation
by using appropriate technology or by taking affirmative steps to avoid or reduce impacts.
(c)Rectifying the impact by repairing,rehabilitating,or restoring the affected environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations.
(e)Compensating for the impact by replacing,enhancing, or providing substitute resources or
environments.
(f)Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
Multi-family dwelling (or residence).A building containing two or more dwelling units,
including but not limited to duplexes,apartments and condominiums.
Must.A mandate; the action is required.
Nonconforming development.A shoreline use or structure which was lawfully constructed or
established prior to the effective date of the applicable master program provision, and which no
longer conforms to the applicable shoreline provisions.
Nonpoint pollution.Pollution that enters any waters of the state from any dispersed land-based
or water-based activities,including, but not limited to,atmospheric deposition,surface water
runoff from agricultural lands, urban areas, or forest lands,subsurface or underground sources,
or discharges from boats or marine vessels not otherwise regulated under the National Pollutant
Discharge Elimination System program.
Non-water-oriented uses.Those uses that are not water-dependent,water-related,or
water-enjoyment.
Normal maintenance.Those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition. See also "normal repair."
Normal protective bulkhead.Those structural and nonstructural developments installed at or
near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing
single-family residence and appurtenant structures from loss or damage by erosion.
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Normal repair.To restore a development to a state comparable to its original condition,
including,but not limited to, its size, shape,configuration,location, and external appearance,
within a reasonable period after decay or partial destruction,except where repair causes
substantial adverse effects to shoreline resource or environment. (WAC 173-27-040.) See also
"normal maintenance"and "development."
Off-site replacement.To replace wetlands or other shoreline environmental resources away from
the site on which a resource has been impacted by a regulated activity.
OHWM.See "ordinary high water mark."
Ordinary high water mark (OHWM).That mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual, and so
long continued in all ordinary years, as to mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on June 1,1971,as it may
naturally change thereafter,or as it may change thereafter in accordance with permits issued by a
local governriJentor the Department of Ecology. See RCW 90.58.030(2)(b).
Party ofrecord.All persons,agencies, or organizations who have submitted written comments
in response to a notice of application, made oral comments in a formal public hearing conducted
on the application,or notified local govenunent of their desire to receive a copy of the final
decision on a permit and who have provided an address for delivery of such notice by mail.
Periodic.Occurring at regular intervals.
Person.An individual,partnership,corporation,association,organization,cooperative,public or
municipal corporation,or agency of the state or local governmental unit however designated.
(RCW 90.58.030(ld).)
Provisions.Policies,regulations,standards,guideline criteria or designations.
Public interest.The interest shared by the citizens of the state or community at large in the
affairs of government,or some interest by which their rights or liabilities are affected such as an
effect on public property or on health, safety, or general welfare resulting from a use or
development.
Qwuloolt or QwulooltiPortinga site.Lowland area surrounding the mouths of Allen Creek and
Jones Creek and bounded by 47
th Avenue NE,Sunnyside Boulevard,and existing upland
development.
RCW.Revised Code of Washington.
Residential development.Development which is primarily devoted to or designed for use as a
dwelling(s).
Restore (restoration).To significantly re-establish or upgrade shoreline ecological functions
through measures such as revegetation,removal of intrusive shoreline structures, and removal or
treatment of toxic sediments.To restore does not necessarily imply returning the shoreline area
to aboriginal or pre-European settlement condition.
Marysville Shoreline Master Program Page 91
Revetment.Facing of stone, concrete, etc.,built to protect a scarp,embankment,or shore
structure against erosion by waves or currents.
Riprap.A layer, facing, or protective mound of stones placed to prevent erosion,scour, or
sloughing of a structure or embankment;also, the stone so used.
Runoff.Water that is not absorbed into the soil but rather flows along the ground surface
following the topography.
Sediment.The fine grained material deposited by water or wind.
SEPA (State Environmental Policy Act).SEPA requires state agencies, local governments and
other lead agenciesto consider environmental factors when making most types.of permit
decisions,especially for development·proposals of a significant scale. As part of the SEPA
process,EISsmay be required to be prepared and public comments solicited.
Setback.A required open space, specified in shoreline master programs,measured horizontally
upland from and perpendicular to the ordinary high water mark.
Shall.A mandate;the action must be done.
Shorelands.All lands within Shoreline Management Act jurisdiction lying upland or higher in
elevation of the OHWM.
Shoreline areas (and shoreline jurisdiction).The same as "shorelines of the state" and
"shorelands"as defined in RCW 90.58.030.
Shoreline environment designations:The categories of shorelines established by local shoreline
master programs in order to provide a uniform basis for applying policies and use regulations
within distinctively different shoreline areas. Shoreline designations in Marysville include:
Aquatic, High Intensity, Urban Conservancy and Shoreline Residential.
Shoreline functions.See "ecological functions."
Shoreline jurisdiction.The term describing all of the geographic areas covered by the SMA,
related rules and the applicable master program.Also, such areas within a specified local
government's .authority under the SMA. See definitions of "shorelines", "shorelines of the state",
"shorelines of state-wide significance"and "wetlands." See also the "Shoreline Management Act
Scope"section in the "Introduction"of this master program.
Shoreline master program,master program,or SMP.This Shoreline Master Program .as
adopted by the City of Marysville and approved by the Washington Department of Ecology.
Shoreline modifications.Those actions that modify the physical configuration or qualities of the .
shoreline area,usually through the construction of a physical element such as a dike,breakwater,
dock, weir, dredged basin, fill,bulkhead,or other shoreline structures. They can include other
actions, such as clearing,grading, or application of chemicals.
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Shoreline permit.A substantial development,conditional use,revision,or variance permit or
any combination thereof.
Shoreline property.An individual property wholly or partially within shoreline jurisdiction.
Shoreline restoration,restoration,or ecological restoration.The re-establishment or upgrading
of impaired ecological shoreline processes or functions. This may be accomplished through
measures including,but not limited to,revegetation,removal of intrusive shoreline structures,
and removal or treatment of toxic materials.Shoreline restoration does not imply a requirement
for returning the shoreline area to aboriginal or pre-European settlement conditions.
Shorelines.All of the water areas of the state,including reservoirs,and their associated
shorelands,together with the lands underlying them; except (i)shorelines of state-wide
significance;(ii)shorelines on segments of streams upstream of a point where the mean annual
flow is twenty cubic feet per second or less and the wetlands associated with such upstream
segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated
with such small lakes.
Shorelines ofthe state.The total of all "shorelines"and "shorelines of state-wide significance"
within the state.
Shorelines Hearings Board (SHB).A six member quasi-judicial body, created by the SMA,
which hears appeals by any aggrieved party on the issuance of a shoreline permit,enforcement
penalty and appeals by local government on Department of Ecology approval of master
programs,rules,regulations,guidelines or designations under the SMA.
Shorelines ofstate-wide significance.A select category of shorelines of the state, defined in
RCW 90.58.030(2)(e),where special policies apply.
Should.The particular action is required unless there is a demonstrated,compelling reason,
based on policy of the Shoreline Management Act and this shoreline master program, against
taking the action.
Sign.A board or other display containing words and/or symbols used to identify or advertise a
place of business or to convey information.Excluded from this definition are signs required by
law and the flags of national and state governments.
Significant ecological impact.An effect or consequence of an action if any of the following
apply:
(a) The action measurably or noticeably reduces or harms an ecological function or ecosystem-
wide process.
(b)Scientific evidence or objective analysis indicates the action could cause reduction or harm to
those ecological functions or ecosystem-wide processes described in (a)of this subsection
under foreseeable conditions.
(c)Scientific evidence indicates the action could contribute to a measurable or noticeable
reduction or harm to ecological functions or ecosystem-wide processes described in (a)of
Marysville Shoreline Master Program Page 93
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this subsection as part of cumulative impacts, due to similar actions that are occurring or are
likely to occur.
Significant vegetation removal.The removal or alteration of native trees, shrubs, and/or ground
cover by clearing,grading,cutting,burning,chemical means, or other activity that causes
significant ecological impacts to functions provided by such vegetation.The removal of
invasive,non-native,or noxious weeds does not constitute significant vegetation removal.Tree
pruning,not including tree topping,where it does not affect ecological functions, does not
constitute significant vegetation removal.
Single-family residence (SFR).A detached dwelling designed for and occupied by one family
including those structures and developments within a contiguous ownership which are a normal
appurtenance.
SMA. The Shoreline Management Act of1971,Chapter 90.58 RCW, as amended.
Storm water.That portion of precipitation that does not normally percolate into the ground or
evaporate but flows via overland flow,interflow,channels,or pipes into a defined surface water
channel or constructed infiltration facility.
Stream.A naturally occurring body of periodic or continuously flowing water where: a) the
mean annual flow is greater than twenty cubic feet per second and b) the water is contained
within a channel. See also "channel."
Structure.A permanent or temporary edifice or building,or any piece of work artificially built
or composed of parts joined together in some definite manner,whether installed on, above or
below the surface of the ground or water,except for vessels.
Subdivision.The division or redivision of land,including short subdivision for the purpose of
sale, lease or conveyance.
Substantial development.Any development of which the total cost or fair market value exceeds
two thousand five hundred dollars, or any development that materially interferes with the normal
public use of the water or shorelines of the state;except as specifically exempted pursuant to
RCW 90.58.030(3)(e).See also definition of "development"and "exemption".
Substantially degrade.To cause damage or harm to an area's ecological functions. An action is
considered to substantially degrade the environment if:
(a) The damaged ecological function or functions significantly affect other related functions or
the viability of the larger ecosystem;or
(b)The degrading action may cause damage or harm to shoreline ecological functions under
foreseeable conditions;or
(c)Scientific evidence indicates the action may contribute to damage or harm to ecological
functions as part of cumulative impacts.
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Swamp.A depressed area flooded most of the year to a depth greater than that of a marsh and
characterized by areas of open water amid soft,wetland masses vegetated with trees and shrubs.
Extensive grass vegetation is not characteristic.
Terrestrial.Of or relating to land as distinct from air or water.
Transportation (Facilities).A structnre or development(s),that aid in the movement of people,
goods or cargo by land, water, air or rail.They include but are not limited to highways,bridges,
causeways,bikeways,trails,railroad facilities, ferry terminals,float plane - airport or heliport
terininals,and other related facilities..
Upland.Generally described as the dry land area above and landward of the ordinary high water
mark.
Utility.A public or private agency which provides a service that is utilized or available to the
general public (or a locationally specific population thereot).such services may include, but are
not limited to, storm water detention and management,sewer, water,telecommunications,cable,
electricity,and natnral gas.
Utility (Accessory).Utilities are small-scale distribution services connected directly to the uses
along the shoreline and are not carrying significant capacity to serve other users that are not
located in the shoreline jurisdiction.
Variance.A means to grant relief from the specific bulk,dimensional,or performance standards
set forth in this master program and not a means to vary a use of a shoreline.Variance permits
must be specifically approved,approved with conditions,or denied by the Administrator and the
Department of Ecology.
Vessel.Ships, boats, barges, or any other floating craft which are designed and used for
navigation and do not interfere with normal public use of the water.
WAC.Washington Administrative Code.
Water-dependent.A use or a portion of a use which cannot exist in any other location and is
dependent on the water by reason of the intrinsic natnre of its operations.Examples of water-
dependent uses may include fishing, boat launching,swimming,and storm water discharges.
Water-enjoyment.A recreational use or other use that facilitates public access to the shoreline as
a primary characteristic of the use; or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial number of people as a general characteristic of the
use and which through location,design, and operation ensures the public's ability to enjoy the
physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use,
the use must be open to the general public and the shoreline-oriented space within the project
must be devoted to the specific aspects of the use that fosters shoreline enjoyment.Primary
water-enjoyment uses may include, but are not limited to:
• Parks with activities enhanced by proximity to the water.
Marysville Shoreline Master Program Page 95
•Docks,trails,and other improvements that facilitate public access to shorelines of the
state.
•Restaurants with water views and public access improvements.
•Museums with an orientation to shoreline topics.
•Scientific/ecological reserves.
•Resorts with uses open to the public and public access to the shoreline;and any
combination ofthose uses listed above.
Water-oriented use.A use that is water-dependent,water-related,or water-enjoyment,or a
combination of such uses.
Water quality.The physical characteristics of water within shoreline jurisdiction,including
water quantity,hydrological,physical,chemical,aesthetic,recreation-related,and biological
characteristics.Where used in this chapter,the term "water quantity"refers only to development
and uses regulated under this chapter and affecting water quantity,such as impervious surfaces
and storm water handling practices.Water quantity,for purposes of this master program,does
not mean the withdrawal of ground water or diversion of surface water pursuant to RCW
90.03.250 through 90.03.340.
Water-related use.A use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic viability is dependent upon a waterfront location because:
(a) The use has a functional requirement for a waterfront location such as the arrival or shipment
of materials by water or the need for large quantities of water;or
(b) The use provides a necessary service supportive of the water-dependent uses and the
proximity of the use to its customers makes its services less expensive and/or more
convenient.
Weir:A structure generally built perpendicular to the shoreline for the purpose of diverting
water or trapping sediment of other moving objects transported by water.
Wetland or wetlands.Areas that are inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support-and that under normal circumstances do support-
a prevalence of vegetation typically adapted for life in marshes,bogs,and similar areas.
Wetlands do not include those artificial wetlands intentionally created from non-wetland sites,
including,but not limited to,irrigation and drainage ditches,grass-lined swales,canals,detention
facilities,wastewater treatment facilities,farm ponds,and landscape amenities,or those wetlands
created after July I,1990, that were unintentionally created as a result of the construction of a
road,street,or highway.Wetlands may include those artificial wetlands intentionally created
from nonwetland areas to mitigate the conversion of wetlands.
Zoning.The system ofland use and development regulations in Title 18 and related provisions
of the Marysville Municipal Code.
In addition,the definitions and concepts set forth in RCW 90.58.030,as amended,and
implementing rules shall also apply as used herein.
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Marysville Shoreline Master Program Page 97
CHAPTER 8
Administrative Provisions
A. Conditional Use Permits
1. Conditional Shoreline Development Permits
The Hearing Examiner shall have the authority to hear and make findings,
conclusions,and recommendations,and the City Council shall have the authority to
grant, in appropriate cases and subject to appropriate conditions and safeguards,
conditional shoreline development permits as authorized by Chapter 18.16 of the
Marysville Municipal Code (MMC), as consistent with the SMA (RCW
90.58.100(5» and WAC 173-27-160. The application for a conditional shoreline
development permit shall be made on forms prescribed by the Planning Department
and shall be processed pursuant to the rules of the Hearing Examiner. Review will be
for purposes of determining consistency with:
• The legislative policies stated in the Shoreline Management Act, RCW 90.58.020
(SMA).
• The Shoreline Management Waste Program of the City of Marysville.
Notice of public hearings shall be published in the same manner as provided in the
Marysville Municipal Code.
2. Conditional Shoreline Development Permit Criteria
The purpose of a conditional use permit is to allow greater flexibility in administering
the use regulations of the master program in a manner consistent with the policies of
the SMA.Conditional use permits may also be granted in circumstances where
denial of the permit would result in a thwarting of the policy enumerated in the SMA.
The criteria for granting conditional use permits is the following:
a.The uses which are classified or set forth in the master program as conditional
uses may be authorized,provided the applicant can demonstrate all ofthe
following:
(I)That the proposed use will be consistent with the policies ofthe SMA and the
policies of the master program.
(2) That the proposed use will not interfere with the normal public use of public
shorelines.
(3) That the proposed use of this site and design of the project will be compatible
with other permitted uses within the area.
(4)That-the proposed use will cause no unreasonably adverse effects to the
shoreline environment designation in which it is to be located.
,'
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(5) That the public interest suffers no substantial detrimental effect.
b.Other uses which are not classified or set forth in the master program may be
authorized as conditional uses provided that the applicant can demonstrate,in
addition to the criteria set forth in Subsection a of this section, that extraordinary
circumstances preclude reasonable use of the property in a manner consistent with
the use regulations of the master program.
c. In the granting of all conditional use permits,consideration shall be given to the
cumulative impact of additional requests or like actions in the area.
3. Imposition of Conditions
To ensure compliance with the criteria stated in the Marysville Municipal Code, the
Hearing Examiner shall have the authority to recommend,and the City Council shall
have the authority to require and approve, a specific plan for a proposed use, to
impose performance standards that make the use compatible with other permitted
uses within the area, and to increase the requirements set forth in Chapter 18.16
MMC which are applicable to the proposed use.In no case shall the City have the
authority to decrease the requirements of Chapter 18.16 MMC when considering an
application for a conditional shoreline development permit; any such decrease shall
only be granted upon the issuance of a variance.
4. Subsequent Hearing-Publication of Notice
At the City Council meeting following the filing of such findings by the Hearing
Examiner,the City Council,on its own initiative or on request of an aggrieved party,
whether the applicant or any other individual, may set another hearing date by giving
notice in the newspaper and by mail in the manner prescribed for the Hearing
Examiner,and at such public hearing determine on the merits whether the
development is consistent with the criteria referenced in the Marysville Municipal
Code.If at such hearing the majority of the Council determines that such
development satisfies the criteria, then a permit shall issue upon the terms and
conditions hereinafter prescribed and prescribed by the Council.
5. Compliance with Conditions
a. Where plans are required to be submitted and approved as part of the application
for a conditional shoreline development permit,modifications of the original
plans may be made only after a review has been conducted by the Hearing
Examiner and approval granted by the City Council.
b. In the event of failure to comply with the plans approved by the City or with any
conditions imposed upon the conditional shoreline development permit, the
permit shall immediately become void and any continuation of the use activity
shall be construed as being in violation of Chapter 18.16 MMC and a public
nuisance.
Marysville Shoreline Master Program Page 99
B. Variances
1.Variances-Generally
The Hearing Examiner shall have authority to act upon, and the City Council shall
have authority to grant,variances from the substantive requirements of Chapter 18.16
MMC. The application for a variance shall be made on forms prescribed by the
Hearing Examiner and shall be processed and acted upon in the same manner as is
provided for conditional shoreline development permits.If a variance application is
not merged with a pending substantial development permit application,the applicant
shall pay the City a fee of $500.00. All variances issued by the City must be
submitted to the Department of Ecology for its approval or disapproval.
2.Variance Criteria
The purpose of a variance is strictly limited to granting relief to specific bulk,
dimensional,or performance standards set forth in the master program where there
are extraordinary or unique circumstances relating to the properties such that the strict
implementation of the master program would impose unnecessary hardships on the
applicant or thwart the policies set forth in the SMA. The criteria for granting
variances shall be consistent with WAC 173-27-170 and include the following:
a.Variances should be granted in a circumstance where denial of the permit would
result in a thwarting of the policy enumerated in the SMA. In all instances,
extraordinary circumstances should be shown, and the public interest shall suffer
no substantial detrimental effect.
b.Variances for development that will be located landward of the ordinary high-
water mark may be authorized provided the applicant can demonstrate all of the
following:
(l)That the strict application of the bulk,dimensional,or performance standards
as set forth in the master program precludes or significantly interferes with a
reasonable permitted use of the property.
(2) That the hardship is specifically related to the property and is the result of
unique conditions,such as irregular lot shape, size, or natural features, in the
application of the master program and not, for example, from deed restrictions
or the applicant's own actions.
(3) That the design ofthe project will be compatible with other permitted
activities in the area and will not cause adverse effects to adjacent properties
or the shoreline environment designation.
(4) That the variance authorized does not constitute a grant of special privilege
riot enjoyed by other properties in the area, and will be the minimum
necessary to afford relief.
(5) That the public interest will suffer no substantial detrimental effect.
c.Variances for development that will be located waterward of the ordinary high-
water mark may be authorized provided the applicant can demonstrate all of the
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criteria specified in Subsection b of this section,The applicant must also
demonstrate that the public rights of navigation and use of the shorelines will not
be adversely affected by the granting of the variance,and that the strict
application of the bulk,dimensional or performance standards set forth in the
applicable master program precludes all reasonable use of the property.
d. In granting of all variances,consideration shall be given to the cumulative impact
of additional requests or like actions in the area.
3.Revisions to Permits (See also WAC 173-27-100)
When an applicant seeks to revise a substantial development,conditional use, or
variance permit, the City Planning Department shall request from the applicant
detailed plans and text describing the proposed changes in the permit.If the planning
staff determines that the proposed changes are within the scope and intent of the
original permit, the revision may be approved,provided it is consistent with Chapter
173-27 WAC, the SMA, and this masterprogram."Within the scope and intent of the
original permit"means the following:
a.No additional over-water construction will be involved Except that pier, dock, or
float construction may be increased by five hundred square feet or ten percent
from the provisions of the original permit,whichever is less.
b. Lot coverage and height may be increased a maximum of 10 percent from
provisions of the original permit,provided that revisions involving new structures
not shown on the original site plan shall require a new permit.
c.Landscaping may be added to a project without necessitating an application for a
new permitif consistent with the conditions attached to the original permit and
with the shoreline master program.
d. The use authorized pursuant to the original permit is not changed.
e. No additional significant adverse environmental impact will be caused by the
project revision.
f. The revised permit shall not authorize development to exceed height, lot
coverage,setback, or any other requirements of the applicable master program
except as authorized under a variance granted as the original permit or a part
thereof.
If the revision, or the sum of the revision and any previously approved revisions,will
violate the criteria specified above, the City shall require the applicant to apply for a
new substantial development, conditional use, or variance permit, as appropriate, in
the manner provided for herein.
C.Nonconforming Uses
The provisions of Chapter 19.44 MMC,specifically sections 19.44.010 thru 19.44.050,
relating to nonconforming uses (dated June 2004,Ordinance #2526) a are incorporated
Marysville Shoreline Master Program Page 101
into this SMP as though fullyset forth herein.AlIreferences to provisions contained in
the Marysville Zoning Code shall be construed as referring to this SMP (including
shoreline permits),and all references to zoning districts and classifications shall be
construed as referring to environments established by this SMP.Sections 19.44.070 thru
19.44.140 dealing with temporary use shall not be considered part of the .SMP.
D.Documentation of Project Review Actions and
Changing Conditions in Shoreline Areas
The City willkeep on file documentation of all project review actions,including applicant
submissions and records of decisions,relating to shoreline management provisions in this
SMP.
E.Amendments to This Master Program
If the City or Ecology determines it necessary,the City will review shoreline conditions
and update this SMP within seven years of its adoption.
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