HomeMy WebLinkAboutO-3146 - Amends §§ 22A.010.060, 22A.020.050, 22A.020.060, 22A.020.070 and 22A.020.200; repeals and replaces Ch. 22E.050, shoreline master program (22A.010, 22A.020, 22E.050)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 l 4G
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
A.MENDING THE MARYSVILLE GROWTH MANAGEMENT
COMPREHENSIVE PLAN, APPROVING THE RECOMMENDATION OF THE
MARYSVILLE PLANNING COMMISSION TO ADOPT AN UPDATE TO THE
2006 SHORELINE MA.STER PLAN ELEMENT, REPEALING MARYSVILLE
MUNICIPAL CODE CHAPTER 22.E.050 SHORELINE MANAGEMENT
MA.STER PROGRAM, A.MENDING MARYSVILLE MUNICIPAL CODE TITLE
22 UNIFIED DEVELOPMENT CODE, ADOPTING A NEW SHORELINE
MANAGEMENT MASTER PROGRAM CHAPTER AND AMENDING
DEFINITIONS IN MARYSVILLE MUNICIPAL CODE SECTIONS
22A.020.050, 22A.020.060, 22A.020.070 AND 22A.020.200.
WHEREAS, on September 15, 2015, the Marysville City Council enacted ordinance
3000, 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 February 14, 2011 the Marysville City Council adopted Ordinance 2852,
adding Chapter 22G.020 of 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 update
to the 2006 Shoreline Master Plan at a public workshop on March 12, 2019, held a public
hearing on March 26, 2019, as advertised in accordance with WAC 173-26-100, and received
testimony from the Department of Ecology and staff following public notices and no other
public testimony was received; and
WHEREAS, the Marysville City Council, after review of the proposed updates to the
2006 Shoreline Master Plan at public workshop on June 3, 2019, held a public meeting on
June 10, 2019 and reviewed the Planning Commission's recommendation and adopted
Resolution 2470, attached hereto as Exhibit A., declaring the Council's intent to adopt (and
codify) by ordinance, the April 2019 amendments to the Shoreline Master Program and
proposed revisions to Title 22 MMC Unified Development Code, pending Department of
Ecology review and approval; and
WHEREAS, the City received written confirmation from the Department of Ecology
(the "Department") that the City's proposed Shoreline Master Program update is consistent
with Chapter 90.58 RCW, the Shoreline Management Act of 1971 and the Shoreline Master
Program Guidelines outlined in Chapter 173-26 WAC -Part III, subject to the Department's
Finding and Conclusions and the Department's Required Changes, which Required Changes
are attached hereto as Exhibit B; and
WHEREAS, on February 10, 2020 the City Council reviewed the proposed updates to
the 2006 Shoreline Master Plan (including the Department's Required Changes) and the
proposed revisions to Title 22 MMC Unified Development Code.
NOW, THEREFORE, THE CITY COUNCIL Of THE CITY Of MARYSVILLE,
WASHINGTON. DO ORDAIN AS FOLLOWS:
Section 1. Required findings. In accordance with MMC 22G.010.500, the
following findings are made regarding the comprehensive plan and development regulation
amendments subject of this ordinance:
(1) The amendments are consistent with the purposes of the comprehensive plan;
(2) The amendments are consistent with the purpose of MMC Title 22;
(3) There have been significant changes in the circumstances to warrant these
amendments; and
(4) The benefit or cost to the public health, safety and welfare is sufficient to
warrant adoption of the amendments.
Section 2. The City Council hereby adopts the updates to the 2006 Shoreline
Master Plan as an element of, and amendment to, the Marysville Growth Management
Comprehensive Plan, subject to the modification set forth in the Department of Ecology's
Required Changes, which are attached hereto as Exhibit B. A copy of the Comprehensive
Plan Amendment, entitled "Marysville Shoreline Master Program", is attached hereto as
Exhibit C.
Section 3. MMC Chapter 22E.050 Shoreline Management Master Program, adopted
by Ordinance 2852, on February 14, 2011, is hereby repealed in its entirety.
Section 4. MMC Title 22 Unified Development Code is hereby amended by adoption
of a new Chapter 22E.050 Shoreline Master Program, attached hereto as Exhibit D.
Section 5. MMC Section 22A.020.050, entitled "D" definitions is hereby amended
to add new definitions and modify existing definitions, as follows (all other provisions of
MMC 22A.020.050 remain in effect and are unchanged):
"Development" means any proposed land use1 zoning, or rezoning, comprehensive
plan amendment, annexation, subdivision, short subdivision, planned residential
development, binding site plan, conditional use permit, shoreline development
permit, or any other property development action permitted or regulated by the
Marysville Municipal Code.
"Development (Shoreline Master Program)" means a use consisting of the
construction or exterior alteration of structures; dredging; drilling; dumping; filling;
removal of any sand, gravel, or minerals; bulk heading; driving of piling; placing of
obstructions; or any project of a permanent or temporary nature which interferes
with the normal public use of the surface of the waters overlying lands subject to
Chapter 90.58 RCW at any state of water level. "Development" does not include
dismantling or removing structures if there is no other associated development or
re-development.
Section 6. MMC Section 22A.020.060, entitled "E" definitions is hereby amended
to add the following definitions (all other provisions of MMC 22A.020.060 remain in effect
and unchanged):
"Exceptions (Shoreline Master Program)". "Requirements to obtain shoreline
permits or local reviews (Shoreline Master Program)". Requirements to obtain a
substantial development permit, conditional use permit, variance, letter of
exemption, or other review to implement the Shoreline Management Act do not
apply to the following:
(i) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a
remedial action at a facility pursuant to a consent decree, order, or agreed order
pursuant to chapter 70.1050 RCW, or to the department of ecology when it
conducts remedial action under Chapter 70.1050 RCW.
(ii) Boat yard improvements to meet NPDES permit requirements. Pursuant to
RCW 90.58.355, any person installing site improvements for storm water treatment
in an existing boatyard facility to meet requirements of a national pollutant
discharge elimination system storm water general permit.
(iii) WSDOT facility maintenance and safety improvements. Pursuant to RCW
90.58.356, Washington State DeRartment of Transportation projects and activities
meeting the conditions of RCW 90.58.356 are not reguired to obtain a substantial
development permit, conditional use permit, variance, letter of exemption, or other
local review.
(iv) Projects consistent with an environmental excellence program agreement
pursuant to RCW 90.58.045.
(v) Projects authorized through the Energy Facility Site Evaluation Council
process, pursuant to chapter 80.50 RCW.
"Exemption (Shoreline Master Program)". 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. CRCW 90.58.030(3e); WAC 173-27-040.) The external retrofitting of an
existing structure with the exclusive purpose of compliance with the Americans with
Disabilities Act of 1990 ( 42 USC Sec. 12010 et seq.) or to otherwise provide physical
access to the structure by individuals with disabilities.
Section 7. MMC Section 22A.020.070, entitled "F" definitions is hereby amended
to add the following definition (all other provisions of MMC 22A.020.070 remain in effect and
unchanged):
"Floodway (shoreline management)" means the area that has been established in
effective federal management agency flood insurance rate maps or floodway maps.
The floodway does not include 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.
Section 8. MMC Section 22A.020.200, entitled "S" definitions is hereby
amended to add the following definition (all other provisions of MMC 22A.020.200 remain
in effect and unchanged):
"Substantial develoQment" (Shoreline Master Program)". Any development of which
the total cost or fair market value exceeds the dollar threshold established in RCW
90.58.030(e), 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".
Section 9. MMC 22A.010.160 is hereby amended to add the following reference to
this adopted ordinance in order to track amendments to the City's Unified Development
Code:
"22A.010.160 Amendments.
The following amendments have been made to the UDC subsequent to its
adoption:
Ordinance Title (description) Effective Date
3 \ L\ lo Shoreline Master Program Adoption and Definition Amendments \'.'.-~ ~ 2-0 2020" --~-'
Section 10. Severability. If any section, subsection, sentence, clause, phrase or
word of this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, subsection, sentence, clause, phrase or
word of this ordinance.
Section 11. Corrections. Upon approval by the city attorney, the city clerk or the
code reviser are authorized to make necessary corrections to this ordinance, including
scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules,
or regulations; or numbering or referencing of ordinances or their sections and subsections
Section 12. Effective Date. Pursuant to RCW 90.58.090(7), this ordinance shall
be effective fourteen ( 14) days from the date of the Department of Ecology's Written Notice
of Final Action to the City.
PASSED by the City Council and APPROVED by the Mayor this _(_/ _day of February,
2020.
Attest:
By: ~' ~ CllY CLERK
::)" ~ l2::£12u
Approved as to form:
By:
CITY OF MARYSVILLE
Date of Publication:
Effective Date: See Section 12
EXHIBIT A
Attachment B- Department of Ecology Required Changes to Marysville Proposed SMP Periodic Update (6/10/19, Resolution No. 2470)
January 6, 2020
Attachment B: Ecology Required Changes
The following changes are required to comply with the SMA (RCW 90.58) and the SMP Guidelines (WAC 173-26, Part III):
ITEM SMP Submittal PROVISION (Cite) TOPIC BILL FORMAT CHANGES (underline =
additions; strikethrough = deletions)
RATIONALE
1 Chapter 4 General Provisions, section 3,
Critical Areas:
Critical Areas Regulations (CAR)
Referencing
3. The Marysville Critical Areas Regulations, as
codified in Chapter 1924 22E.0I0 MMC (dated
May 2, 2005, Ordinance #2571 and amending
Ordinance 3073, dated December 11, 20 I 7),
are herein incorporated into this master
program except as noted below.
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
22E.010.020 referring to reasonable
use determination does not apply.
MMC Section 19.22.420 22E.010.410
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,
Current SMP CAR
referencing is outdated.
Reference to 2017 amended
CAR and revised city
municipal code is needed for
consistency with WAC 173-
26-221 (2) (Critical Areas). EXHIBIT B
Attachment B- Department of Ecology Required Changes to Marysville Proposed SMP Periodic Update (6/10/19, Resolution No. 2470)
January 6, 2020
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,
MCC section 19.24.320(2) 22E.010.310
(2) shall not apply. Variance
procedures and criteria shall be
established in this SMP. Chapter 8
Section B MMC Chapter 22E.050
Shoreline Management Master
Program 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) 22E.010.320 (7)
shall not apply, except where adjacent to the
QWULOOLT Restoration Project.
EXHIBIT C
Marysville Shoreline
Master Program
February 2020
City Council Approved, ____________, 2020
Ordinance No. ____
Marysville Shoreline Master Program Page 1
Table of Contents
Chapter 1 ....................................................................................................................... 4
Introduction to the SMP Handbook ............................................................................. 4
A. History of the SMA ...................................................................................................... 4
B. Geographic Applications of the SMA .......................................................................... 5
Chapter 2 ....................................................................................................................... 7
Goals and Objectives ................................................................................................... 7
A. Introduction ................................................................................................................. 7
B. Elements .................................................................................................................... 7
1. Shoreline Use Element ...................................................................................................... 7
2. Economic Development Element ...................................................................................... 8
3. Circulation Element ........................................................................................................... 8
4. Conservation Element ....................................................................................................... 9
5. Public Access Element ...................................................................................................... 9
6. Recreational Element ...................................................................................................... 10
7. Historical/Cultural Element .............................................................................................. 10
8. Flood Damage Minimization Element .............................................................................. 10
Chapter 3 ..................................................................................................................... 11
Environment Designation Provisions ....................................................................... 11
A. Introduction ............................................................................................................... 11
B. Environment Descriptions ......................................................................................... 11
1. Aquatic Environment ....................................................................................................... 11
2. Aquatic Urban Shoreline Environment ............................................................................. 12
3. High-Intensity Environment ............................................................................................. 13
4. Urban Conservancy Environment ................................................................................... 14
5. Shoreline Residential Environment ................................................................................. 15
C. Shoreline Use and Modification Matrices ................................................................. 18
Chapter 4 ..................................................................................................................... 23
General Provisions ..................................................................................................... 23
A. Introduction ............................................................................................................... 23
B. Policies and Regulations .......................................................................................... 23
Page 2 Shoreline Master Plan – _____________, 2020
1. Universally Applicable Policies and Regulations ............................................................. 23
2. Archaeological and Historic Resources ........................................................................... 24
3. Critical Areas ................................................................................................................... 26
4. Environmental Impacts .................................................................................................... 26
5. Flood Hazard Reduction and River Corridor Management ............................................. 28
6. Parking ............................................................................................................................ 31
7. Public Access .................................................................................................................. 32
8. Shorelines of State-Wide Significance Regulations ........................................................ 35
9. Signage ........................................................................................................................... 37
10. Utilities (Accessory) ......................................................................................................... 38
11. Vegetation Conservation ................................................................................................. 39
12. Water Quality ................................................................................................................... 41
Chapter 5 ..................................................................................................................... 43
Shoreline Modification Provisions ............................................................................ 43
A. Introduction and Applicability .................................................................................... 43
B. Policies and Regulations .......................................................................................... 43
1. General Policies and Regulations ................................................................................... 43
2. Shoreline Stabilization (Including Bulkheads) ................................................................. 45
3. Pier and Docks ................................................................................................................ 49
4. Fill .................................................................................................................................... 52
5. Breakwaters, Jetties, and Groins .................................................................................... 53
6. Dredging and Disposal .................................................................................................... 55
7. Shoreline Restoration and Ecological Enhancement ...................................................... 57
Chapter 6 ..................................................................................................................... 59
Shoreline Use Provisions ........................................................................................... 59
A. Introduction ............................................................................................................... 59
B. Shoreline Use Policies and Regulations ................................................................... 59
Marysville Shoreline Master Program Page 3
1. General Use Policies ....................................................................................................... 59
2. Agriculture ....................................................................................................................... 59
3. Boating Facilities ............................................................................................................. 61
4. Commercial Development ............................................................................................... 65
5. Industry ............................................................................................................................ 66
6. In-Stream Structures ....................................................................................................... 69
7. Recreational Development .............................................................................................. 70
8. Residential Development ................................................................................................ 72
9. Transportation and Parking ............................................................................................. 74
10. Utilities ............................................................................................................................. 77
Chapter 7 ..................................................................................................................... 80
Definitions ................................................................................................................... 80
Chapter 8 ..................................................................................................................... 92
Restoration Plan ......................................................................................................... 92
A. Restoration Goals and Objectives ............................................................................ 92
1. Goals ............................................................................................................................... 92
2. List of Existing and Ongoing Projects and Programs ...................................................... 93
Page 4 Shoreline Master Plan – _____________, 2020
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 of the 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-1 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
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
Marysville Shoreline Master Program Page 5
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 of the 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).)
1. All marine waters of the state, together with the lands underlying them.
2. Streams and rivers with a minimum mean annual flow of 20 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.
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 Figures 1 and 2. For the Ebey Slough area, Figure 1 illustrates shoreline jurisdiction
identified at this time. Figure 1 also illustrates shoreline jurisdiction based on the proposed
Page 6 Shoreline Master Plan – _____________, 2020
dike breach on the north side of Ebey 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.
Marysville Shoreline Master Program Page 7
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.
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.
Page 8 Shoreline Master Plan – _____________, 2020
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
1. 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 of the 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.
6. Encourage new economic development to locate in areas already developed with
similar uses that are consistent with the City’s Comprehensive Plan including this
master program.
3. Circulation Element
Goals
1. 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.
Marysville Shoreline Master Program Page 9
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 of the 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
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
of Fish & Wildlife.
5. Public Access Element
Goals
1. 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.
Page 10 Shoreline Master Plan – _____________, 2020
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
1. 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
1. Identify, protect, preserve, and restore important archaeological, historical, and
cultural sites located in shorelands of the 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.
8. Flood Damage Minimization Element
Goals
1. 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.
Marysville Shoreline Master Program Page 11
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
water mark (OHWM).
b. Designation Criteria
An Aquatic Environment designation will be 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 should be limited to the minimum
necessary to support the structure's intended use.
Provisions for the Aquatic Environment should be 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 surface navigation, to consider
impacts 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 of RCW 90.58.020, their impacts shall be mitigated
according to the sequence defined in Section 4.B.4.
Shoreline uses and modifications should be designed and managed to prevent
degradation of water quality and alteration of natural hydrographic conditions.
All developments and activities using navigable waters or their beds should be
located and designed to minimize interference with surface navigation, to
Page 12 Shoreline Master Plan – _____________, 2020
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 pipelines 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. Aquatic Urban Shoreline Environment
a. Purpose
The purpose of the Aquatic Urban Environment Designation is to allow for the
removal, maintenance or construction of high-intensity, water-oriented uses that
require piers/docks for operations or for access to the water including essential
public transportation facilities, recreational, and mixed-use commercial
development.
b. Designation Criteria
An Aquatic Urban Environment designation includes all water waterward of the
OHWM that is currently occupied by, or planned for development or redevelopment
by water-dependent; water-related; and water-enjoyment uses, including water
dependent/water-related transportation, mixed-use commercial, and recreational
uses.
For the purposes of this plan, the Aquatic Urban Environment designation includes
areas waterward from the OHWM on the north side of Ebey Slough a maximum of
175’ or to the edge of navigable water, whatever comes first. The width of the
‘Aquatic Urban Shoreline Environment’ lies between Interstate 5 to the west and
the eastern boundary of the Marysville Waste Water Treatment Plant to the
western city boundary along Interstate-5.
c. Management Policies
All development, activies and uses waterward of the OHWM shall: minimize
interference with surface navigation; consider impacts to public views, and
allow for the safe, unobstructed passage of fish and wildlife.
Ensure that public and private use of the aquatic environment and its natural
resources occurs with minimal adverse impacts to the quality of the aquatic
areas waterward of the shoreline with focus on maintaining and restoring the
nearshore and aquatic environments.
Minimize adverse impacts of overwater structures, docks, and boat moorage
on the aquatic environment’s ecological functions.
Over water 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 13
3. 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 of SR 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.
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
Page 14 Shoreline Master Plan – _____________, 2020
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.
4. Urban Conservancy Environment
a. Purpose
The purpose of the Urban Conservancy Environment is to protect and restore
ecological functions in urban and developed settings, while allowing limited
water-oriented uses.
b. Designation Criteria
An Urban Conservancy Environment 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.
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.
Marysville Shoreline Master Program Page 15
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 of this SMP.
5. 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.110, 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 of this SMP.
c. Management Policies
Densities or minimum frontage width standards in the Shoreline Residential
Environment 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 area protection, and water quality should be
established to protect and, where significant ecological degradation has
occurred, restore ecological functions over time.
Water-oriented recreational uses should be allowed.
Page 16 Shoreline Master Plan – _____________, 2020
STATE AVESR 52964TH ST NE
I-5 NORTHBO4TH STCEDAR AVE8TH ST
3RD ST
2ND ST
61ST ST NE
1ST ST ARM AR RD52ND ST NE
E
D
R N
E
SUNNYSIDE BLVDI-5I-5I-5City of Marysville
Shoreline Master Plan
Ebey Slough and Surrounding Area
Presumed Shoreline Jurisdiction After Innundation to 9'
Presumed Shoreline MHHT/OHWM After Innundation to 9'
Shoreline Jurisdiction
High Intesity Designation
Urban Conservancy Designation
Shoreline Residential Designation
0 1000 2000500Feet
Figure 1. Shoreline environment designations for City of Marysville - Ebey Shough and associated shorelands.
Marysville Shoreline Master Program Page 17
STATE AVEQUILCEDA CREEK
Figure 2. Shoreline environment designations for City of Marysville - Quilceda Creek.
City of MarysvilleShoreline Master PlanQuilceda Creek Area
Shoreline Jurisdiction
Urban Conservancy Designation
Shoreline Residential Designation
High Intensity Designation
0 500 1000
Feet
Page 18 Shoreline Master Plan – _____________, 2020
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
SHORELINE USE High-Intensity Urban Conservancy Shoreline Residential Aquatic Urban Aquatic Agriculture P P X X X
Aquaculture X X X X X
Boating facilities (including marinas) P C3 X P P1
Commercial:
Water-dependent P X X P P1
Water-related, water-enjoyment P2 X X P X15
Non-water-oriented P2 X X P2 X
Flood hazard management P P3 P X X
Forest practices X X X X X
Industrial:
Water-dependent P X X P1 P1
Water-related, water-enjoyment P2 X X X15 X15
Non-water-oriented C2 X X X X
Mining X X X X X
Parking (accessory) P P3 P X X
Parking (primary, including paid) X X X X X
Recreation:
Water-dependent P P3 P P P
Water-enjoyment P P3 P P X
Non-water-oriented P2 X P P2 X
Marysville Shoreline Master Program Page 19
SHORELINE USE High-Intensity Urban Conservancy Shoreline Residential Aquatic Urban Aquatic Single-family residential X X-P9, P X X
Multifamily residential P2 X P X X
Land division (See Section 6.B.7.) P X P X X
Signs:
On premises P X X X X
Off premise X X X X X
Public, highway P P X X X
Solid waste disposal X X X X X
Transportation:
Water-dependent P P C P P
Non-water-oriented P4 C4 C4 P4 C4,17
Roads, railroads P4 C4 P4 C4,17 C4,17
Utilities (primary) P4 C4 P4 P4 C4
SHORELINE MODIFICATIONS High-Intensity Urban Conservancy Shoreline Residential Aquatic Urban Aquatic Shoreline stabilization13:
Beach restoration/enhancement P P5 P P P5
Bioengineering P P5 P P C5
Revetments P C5 P P C5
Bulkheads P C5 P X X
Breakwaters/jetties/rock weirs/groins P C5 P C C5
Dikes, levees P C5 P C X
Dredging N/A N/A N/A P6 C6
Hazardous waste cleanup P P P P P
Fill 3 P C5 P P C5
Page 20 Shoreline Master Plan – _____________, 2020
Piers, docks, buoys, floats P P7 X P1,2 P1
Marysville Shoreline Master Program Page 21
DEVELOPMENT STANDARDS12 High-Intensity Urban Conservancy Shoreline Residential Aquatic Urban Aquatic Boating Facilities
Water-dependent setback 0 0 0 N/A N/A
Water-related Building setback 25’ 50’ N/A N/A N/A
Commercial, Recreational, and Industrial Development
Water-dependent setback 0 N/A N/A N/A N/A
Water-related, water-enjoyment setback 70’8 N/A N/A N/A N/A
Non-water-oriented setback 70’8 N/A N/A N/A N/A
Building height limit 65’ N/A N/A 40’ N/A
Parking (Accessory)
Setback 70’8 N/A 20’ N/A N/A
Residential Development
Setbacks for all dwelling units 70’8 N/A10 20’11 N/A N/A
Height limit 85’ 25’ 40’ N/A N/A
Notes to Matrices:
1. The use or shoreline modification may be allowed in the Aquatic Environment and Urban
Aquatic Environment if, and only if, permitted in the adjacent upland environment.
2. Public 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 environmental restoration or if the City
determines that there will be a net increase in desired shoreline ecological functions.
6. Dredging may be allowed only 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 vessels 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, Vegetation
Conservation, Section 4.B.11.)
The City may reduce the required setback to 40 feet for mixed-use development as part of
master planned marinas or water-dependent recreation facilities, provided public access to the
shoreline is provided in some other way and the vegetation enhancement is provided in the 40-
foot setback.
Page 22 Shoreline Master Plan – _____________, 2020
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. Properties abutting the Qwuloolt Restoration Project are not required to obtain a Shoreline
substantial development permit pursuant to RCW 90.58.580(3) “A substantial development
permit is not required on land within urban growth areas as defined in RCW 36.70A.030 that is
brought under shoreline jurisdiction due to a restoration project creating a landward shift in the
ordinary high water mark.” .
12. See also Section 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 conditional use permit. See Chapter 5, Section B.4.c.4.
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.
17. Expansion of existing facilities does not require a conditional use.
Marysville Shoreline Master Program Page 23
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.
If used 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
1. 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.
Page 24 Shoreline Master Plan – _____________, 2020
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
1. 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 of this 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 of the 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
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.
Marysville Shoreline Master Program Page 25
b. Policy
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
1. 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.
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 natural 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.
Page 26 Shoreline Master Plan – _____________, 2020
3. Critical Areas
The Marysville Critical Areas Regulations, as codified in Chapter 19.24 22E.010 MMC
(dated May 2, 2005, Ordinance #2571 and amending Ordinance 3073, dated
December 11, 2017), 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.
1. 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 22E.010.020 referring to reasonable use
determination does not apply.
MMC Section 19.24.420 22E.010.410 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,
MMC 19.24.320(2) 22E010.310(2) shall not apply. Variance procedures and
criteria shall be established in the SMP, Chapter 8 Section B MMC Chapter
22E.050 Shoreline Master Program and in Washington Administrative Code
WAC 173-27-170.
6. Criteria (b) and (c) describing exceptions for approved plats and legally created
lots in MMC section 19.24.330(7) 22E.010.320(7) shall not apply, except where
adjacent to the QWULOOLT Restoration Project.
4. Environmental Impacts
a. Applicability
The following policies and regulations apply to all uses and development in
shoreline jurisdiction.
Marysville Shoreline Master Program Page 27
b. Policies
1. 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
1. 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;
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.
Page 28 Shoreline Master Plan – _____________, 2020
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:
1. 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
1. 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.
e. 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.
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
Marysville Shoreline Master Program Page 29
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.
c. Regulations
1. 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 of the 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:
Page 30 Shoreline Master Plan – _____________, 2020
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;
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 100-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 100-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 100-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
Marysville Shoreline Master Program Page 31
vegetation on and landward of the 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.
11. Residential, commercial, and industrial uses that may be damaged by flooding
are prohibited in 100-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.
12. Hospitals, health care facilities, nursing homes, and retirement homes are
prohibited within 100-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 100-year
floodplain and new buildings shall be located outside the 100-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 100-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
geomorphologic 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
Page 32 Shoreline Master Plan – _____________, 2020
1. 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
1. Parking as a primary use or that serves a use not permitted in the applicable
shoreline environment 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.
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
Marysville Shoreline Master Program Page 33
1. 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, including historical recreational 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.
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 and 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
1. 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.
Page 34 Shoreline Master Plan – _____________, 2020
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 of lands 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.
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 of land 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.B.4.
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;
Marysville Shoreline Master Program Page 35
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 of RCW 35.79.035 and
RCW 36.87.130).
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 of RCW 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.
Page 36 Shoreline Master Plan – _____________, 2020
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.
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 37
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 nonmotorized 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 entertainment,
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
1. 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:
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.
Page 38 Shoreline Master Plan – _____________, 2020
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 10 days 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
1. 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 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.
Marysville Shoreline Master Program Page 39
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.
c. Regulations
For All Shoreline Environments:
1. 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.
Page 40 Shoreline Master Plan – _____________, 2020
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.B.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.B.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
1. 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).
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 is not feasible on the project site. In these cases
the City may require off-site vegetation enhancement that performs the
same ecological functions within the watershed or drift cell.
The restoration of ecological processes and functions can be better
achieved through other measures such as the removal of channel
constraints.
Sufficient native vegetation already exists
For Shorelines in the High-Intensity Environment
1. The impacts due to significant vegetation removal shall be mitigated according
to the sequence described in Section 4.B.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
Marysville Shoreline Master Program Page 41
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
1. 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.
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 in this master program, “water quality” means the physical
characteristics of water within shoreline jurisdiction, including water quantity
and hydrological, physical, chemical, esthetic, recreation-related, and
biological characteristics. Where used in this master program, the term “water
quantity” refers only to development and uses regulated under this chapter and
affecting water quantity, such as impermeable surfaces and storm water
handling practices. Water quantity, for purposes of this master program, does
not mean the withdrawal of groundwater or diversion of surface water pursuant
to RCW 90.03.250 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
Page 42 Shoreline Master Plan – _____________, 2020
1. 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 of lessening 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.
c. Regulations
1. 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.
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.
Generally, shoreline modification activities are undertaken for the following reasons:
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 all shoreline modification activities, are followed by 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 following provisions apply to all 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 legally existing shoreline use that is in danger of loss 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.
3. Allowed shoreline modifications should be appropriate to the specific type of
shoreline and environmental conditions for which they are proposed.
Page 44 Shoreline Master Plan – _____________, 2020
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
1. 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.
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.
Marysville Shoreline Master Program Page 45
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 of the 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 173-27-040(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.
a. Policies
1. “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
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.
Page 46 Shoreline Master Plan – _____________, 2020
c. Regulations
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 such as a new stormwater outfall 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 of plant 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 to protect the development from destruction due to erosion
caused by natural processes, such as tidal action, currents, and waves, is
demonstrated through a geotechnical report.
The erosion is not being caused by upland conditions, such as loss of
vegetation and drainage.
Nonstructural measures, such as placing the development further from the
shoreline, planting vegetation, or installing on-site drainage improvements,
are not feasible or not sufficient.
The structure will not cause significant ecological impacts to priority
species.
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
Marysville Shoreline Master Program Page 47
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 1, 1992, and there are
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.11, 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
spawning waters. Shoreline stabilization and shoreline protection shall be
located landward of the floodway and all associated wetlands.
11. 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 1, 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
Page 48 Shoreline Master Plan – _____________, 2020
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 if the 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.
15. Gabions (wire mesh filled with concrete or rocks) are prohibited unless there is
no reasonable alternative as determined by the City Engineer for locating a
new regional stormwater outfall along the shoreline.
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.
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, if the 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.
Stacked masonry units (e.g., interlocking cinder block wall units).
Large stones, with vegetation planted in the gaps. Stones should not
be stacked in a wall greater than 2 horizontal to 1 vertical slope.
Marysville Shoreline Master Program Page 49
Timbers or logs. Note the prohibition against toxic wood treatments.
c. The following materials are not acceptable for shoreline stabilization
structures:
Degradable plastics and other nonpermanent synthetic materials.
Sheet materials, including metal, plywood, fiberglass, or plastic.
Broken concrete, asphalt, or rubble.
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 1 cubic yard per running
foot of bulkhead. Any filling in excess of this 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.
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
Page 50 Shoreline Master Plan – _____________, 2020
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 concerning 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.
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
1. 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
Marysville Shoreline Master Program Page 51
demonstrated that a specific need exists to support the intended water-
dependentuses.
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.
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.
Page 52 Shoreline Master Plan – _____________, 2020
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.
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. Fills 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 of local 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 of the 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. Fill waterward of OHWM may be permitted only when:
a. In conjunction with a water-dependent or public use permitted by this
master program;
Marysville Shoreline Master Program Page 53
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 of OHWM, pile or pier supports shall be utilized whenever feasible
in preference to fills. Fills for approved road development in floodways or
wetlands shall be permitted only if pile or pier supports are proven unfeasible.
4. Fills are prohibited in flood plains 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. Policy
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.
Page 54 Shoreline Master Plan – _____________, 2020
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 of littoral 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 of this
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 of the 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.
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.
Marysville Shoreline Master Program Page 55
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 a public 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 still require a conditional use or
variance permit.
c. Policies
1. 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
1. 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 - Grain size, clay, silt, sand or gravel as determined by sieve
analysis.
ii. Chemical - Including conventional parameters, metals and organics.
iii. Biological - Bioassays useful in determining the suitability of dredged
material for a 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 of the disposal site, transportation method and routes, hours
of operation, schedule;
Page 56 Shoreline Master Plan – _____________, 2020
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;
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;
Marysville Shoreline Master Program Page 57
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.
11. 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 of land 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.
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
Page 58 Shoreline Master Plan – _____________, 2020
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:
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 59
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
a. 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.
b. 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.
c. 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 of horticultural, vinicultural,
floricultural, livestock, dairy, apiary, vegetable, or animal products or of berries,
grain, hay, straw, turf, seed, or Christmas trees; the operation and maintenance of
farm 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,and
flood hazard management, are subject to the regulations established for those
uses in addition to the standards established in this section.
b. Policies
Page 60 Shoreline Master Plan – _____________, 2020
1. The creation of new agricultural lands by diking, draining, or filling tidelands,
tidal marshes, channel migration zones, and associated marshes, bogs, and
swamps should be prohibited.
2. A vegetative buffer should be maintained between agricultural lands and water
bodies or wetlands in order to reduce harmful bank erosion and resulting
sedimentation, enhance water quality, reduce flood hazard, and maintain
habitat for fish and wildlife.
3. Animal feeding operations, retention and storage ponds, and feedlot waste and
manure storage should be located out of shoreline jurisdiction and constructed
to prevent contamination of water bodies and degradation of the adjacent
shoreline environment.
4. Appropriate farm management techniques and new development construction
should be utilized to prevent contamination of nearby water bodies and adverse
effects on valuable plant, fish, and animal life from fertilizer and pesticide use
and application.
5. Where ecological functions have been degraded, new development should be
conditioned with the requirement for ecological restoration.
c. Regulations
1. 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 of livestock 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.
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.
Marysville Shoreline Master Program Page 61
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 provisions.
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
1. 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 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.
Page 62 Shoreline Master Plan – _____________, 2020
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 (1-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 and/or renovations shall comply with all other
applicable state agency policies and regulations, including, but not limited to:
the Department of Fish and Wildlife criteria for the design of bulkheads,
landfills, and marinas; Federal Marine Sanitation standards (EPA 1972)
requiring water quality certification from the U.S. Army Corps of Engineers
(Section 10); U.S. Army Corps of Engineers dredging standards (Section 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 of the 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.
Marysville Shoreline Master Program Page 63
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.
Design/Renovation/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:
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 the shore shall be
considered on an individual basis in consultation with the Washington
Department of Fish and Wildlife, the Department of Ecology, and, where
applicable, the Department of Natural 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
Page 64 Shoreline Master Plan – _____________, 2020
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 of this 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
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.
Marysville Shoreline Master Program Page 65
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.
b. Policy
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
1. 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.
Page 66 Shoreline Master Plan – _____________, 2020
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.
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) and/or
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 definition 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 commercial loading 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
Marysville Shoreline Master Program Page 67
Industrial developments and uses are facilities for processing, manufacturing, and
storing of finished or semi finished 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 of raw 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,
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.)
Page 68 Shoreline Master Plan – _____________, 2020
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
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 non-industrial 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. If
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 of logs into water shall be prohibited. Easy let-
down devices shall be employed for placing logs in the water.
Marysville Shoreline Master Program Page 69
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.
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
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 are permitted 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
Page 70 Shoreline Master Plan – _____________, 2020
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
1. 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.
6. Where appropriate, non-intensive recreational uses may be permitted in
floodplain areas. Non-intensive recreational uses include those that do not do
any of the following:
Adversely affect the natural hydrology of the river.
Marysville Shoreline Master Program Page 71
Create any flood hazards.
Damage the shoreline environment through modifications such as
structural shoreline stabilization or vegetation removal.
c. Regulations
1. 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 of this 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
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.
Page 72 Shoreline Master Plan – _____________, 2020
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.
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
Marysville Shoreline Master Program Page 73
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
1. 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 of 35 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.
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.
Page 74 Shoreline Master Plan – _____________, 2020
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 clearing and 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 of land 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.
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 transportation facilities.
b. Policies
Marysville Shoreline Master Program Page 75
1. 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. 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.
3. When existing transportation corridors are abandoned, they should be reused
for water-dependent use or public access.
4. 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
1. Applications for new or expanded transportation facilities development in
shoreline jurisdiction shall include the following information:
Demonstration of the need for the facility.
An analysis of alternative alignments or routes, including where feasible,
alignments or routes outside shoreline jurisdiction.
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.)
Description of construction, including location, construction type, and
materials.
If needed, description of mitigation and restoration measures.
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.B.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 risks to the shoreline ecology from the
development are eliminated.
Long-term opportunities to increase the natural ecological functions and
processes are not 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.
Page 76 Shoreline Master Plan – _____________, 2020
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.
5. 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 of 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.B.4.
9. Transportation and primary utility facilities shall be required to make joint use
of rights-of-way and to consolidate crossings of water bodies if practicable,
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
Marysville Shoreline Master Program Page 77
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-
tension utility lines on public property or easements, power generating or transfer
facilities, and gas distribution lines and storage facilities. See Section 4.B.10,
"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
1. Applications for new or expanded utility facilities development in shoreline
jurisdiction shall include the following:
a. Demonstration of the need for the facility.
Page 78 Shoreline Master Plan – _____________, 2020
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.
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 of facilities 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.
8. New 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.
Marysville Shoreline Master Program Page 79
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.
11. 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 pre-project condition.
17. Telecommunication towers, such as radio and cell phone towers, are
specifically prohibited.
Page 80 Shoreline Master Plan – _____________, 2020
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 his/her 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 grading permit, 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 non-intrusive means as
applicable.
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.
Marysville Shoreline Master Program Page 81
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 of land 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 stock watering 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 of Ecology. 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 interferes with
the normal public use of the surface of the waters of the state subject to Chapter at any stage of
water level. “Development” does not include dismantling or removing structures if there is no
other associated development or re-development.
Page 82 Shoreline Master Plan – _____________, 2020
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 of record. 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.
EIS. 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.
Erosion. The wearing away of land by the action of natural forces.
Exception developments not required to obtain shoreline permits or local reviews. Requirements
to obtain a substantial development permit, conditional use permit, variance, letter of exemption,
or other reviews to implement the Shoreline Management Act do not apply to the following:
Marysville Shoreline Master Program Page 83
(a) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action
at a facility pursuant to a consent decree, order, or agreed order pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts remedial action under
Chapter 70.105D RCW.
(b) Boat yard improvements to meet NPDES permit requirements. Pursuant to RCW
90.58.355, any person installing site improvements for storm water treatment in an
existing boatyard facility to meet requirements of a national pollutant discharge elimination
system storm water general permit.
(c) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356,
Washington State Department of Transportation projects and activities meeting the
conditions of RCW 90.58.356 are not required to obtain a substantial development permit,
conditional use permit, variance, letter of exemption, or other local review.
(d) Projects consistent with an environmental excellence program agreement pursuant to
RCW 90.58.045.
(e) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant
to chapter 80.50 RCW.
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.) The external retrofitting of an existing structure with the exclusive purpose of
compliance with the Americans with Disabilities Act of 1990 (42 USC Sec. 12010 et seq.) or to
otherwise provide physical access to the structure by individuals with disabilities. (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 of labor, 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 likelihood 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.
Page 84 Shoreline Master Plan – _____________, 2020
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. The area that has been established in effective federal management agency flood
insurance rate maps or floodway maps. 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.
Gabions. Structures composed of masses 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
include, 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,
Marysville Shoreline Master Program Page 85
Letter of exemption. 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.
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) of this 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.
Non-point 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.”
Page 86 Shoreline Master Plan – _____________, 2020
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.
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 government or the Department of Ecology. See RCW 90.58.030(2)(b).
Party of record. 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 government 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(1d).)
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 Qwuloolt/Portinga site. Lowland area surrounding the mouths of Allen Creek and
Jones Creek and bounded by 47th 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 87
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 agencies to consider environmental factors when making most types of permit
decisions, especially for development proposals of a significant scale. As part of the SEPA
process, EISs may 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.
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.
Page 88 Shoreline Master Plan – _____________, 2020
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 of the 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 of state-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 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.
Marysville Shoreline Master Program Page 89
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 of 1971, 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
the dollar threshold established in RCW 90.58.030(e), 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.
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 structure 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
terminals, and other related facilities.
Upland. Generally described as the dry land area above and landward of the ordinary high water
mark.
Page 90 Shoreline Master Plan – _____________, 2020
Utility. A public or private agency which provides a service that is utilized or available to the
general public (or a locationally specific population thereof). such services may include, but are
not limited to, storm water detention and management, sewer, water, telecommunications, cable,
electricity, and natural 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 nature 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 generalcharacteristic 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:
(a) Parks with activities enhanced by proximity to the water.
(b) Docks, trails, and other improvements that facilitate public access to shorelines of the
state.
(c) Restaurants with water views and public access improvements.
(d) Museums with an orientation to shoreline topics.
(e) Scientific/ecological reserves.
(f) Resorts with uses open to the public and public access to the shoreline; and any
combination of those 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
Marysville Shoreline Master Program Page 91
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 1, 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
non-wetland areas to mitigate the conversion of wetlands.
Zoning. The system of land use and development regulations in Title 22 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.
Page 92 Shoreline Master Plan – _____________, 2020
CHAPTER 8
Restoration Plan
A. Restoration Goals and Objectives
1. Goals
a. Goal 1: Assure preservation, protection and restoration of salmon habitat to a
sufficient extent and quality to support the productivity and diversity of all wild
salmon stocks in the Snohomish River basin at a level that will sustain fisheries
and non-consumptive salmon-related cultural and ecological values (SBSRF
2001).
Objectives (excerpted from SBSRF 2001):
1. Maintain and restore natural streambank conditions and achieve a net increase
in the amount of natural streambank functions while protecting critical public
facilities and infrastructure. Stabilize erosion areas using bioengineering
techniques.
2. Protect natural watershed functions in the channel migration zone and
floodplain and decrease hazards to people, critical facilities, and infrastructure
associated with natural channel migration and natural flooding.
3. Retain adequate quantity and quality of large woody debris in streams to
support salmon populations and watershed processes. Install large woody
debris where feasible, and increase density of native conifers in riparian areas
to increase future recruitment potential.
4. Eliminate man-made barriers to anadromous fish passage, prevent the
creation of new barriers, and provide for transport of water, sediment and
organic matter at all stream crossings.
5. Achieve no net loss in area, functions and values of wetlands, and achieve a
net increase in wetland area, functions and values where historic loss of
wetlands adversely affects watershed processes or fish habitat.
6. Protect and restore riparian areas sufficiently to support salmon populations
and watershed processes.
7. Avoid adverse habitat impacts to streams, riparian corridors, and wetlands.
b. Goal 2: Assure preservation, protection and restoration of all ecological functions.
Objectives:
1. Strive to control non-indigenous plants or weeds that are proven harmful to
native and/or beneficial vegetation or habitats. In particular, Himalayan
blackberry, Japanese knotweed, nightshade, and reed canary grass should be
targeted.
Marysville Shoreline Master Program Page 93
2. Make efforts to meet and maintain state and county water quality standards in
Ebey and Steamboat Sloughs and Quilceda Creek, and their contributing
waters, through effective stormwater management of new developments and
redevelopments, and through reductions in landscape chemical usage in City
parks and other facilities.
3. Modify and regulate public access on the public-owned shorelines to insure
that ecological functions are not unduly damaged by public use. Applies to
downtown Waterfront Park and existing and future trail system components,
particularly in the vicinity of the Poortinga restoration area.
4. Educate private property owners in the shoreline zone about the effects of
vegetation removal and chemical use on fish and wildlife habitats.
5. Encourage reconnection of fragmented habitats, in particular the
implementation of the Qwuloolt/Poortinga Estuarine Restoration Project which
will include the removal of the existing tide gates at the mouths of Jones and
Allen Creeks and the restoration of tidal flux to approximately 355 acres of
formerly active estuary area now functionally separated from the estuary by
dikes.
6. Continue involvement in WRIA 7 and related planning processes to understand
the watershed context and the City’s role in maximizing long-term achievement
of WRIA 7 goals.
2. List of Existing and Ongoing Projects and Programs
a. Qwuloolt/Poortinga Estuarine Restoration Projects.
The primary element of the City’s Shoreline Restoration Plan is its participation in
the Qwuloolt/Poortinga Estuarine Restoration Project. A working group known as
The Natural Resource Trustees (Trustees) was formed in the mid 1990s, after the
Tulalip Landfill downstream was declared a Superfund Site. The Trustees have
since been meeting regularly and otherwise working towards the implementation
of a large-scale, approximately 355-acre, project to restore tidal and other
estuarine habitat functions to previously drained and farmed tidal lands in and
adjoining the City of Marysville, as compensation for impact related to the Landfill.
The project area includes 18 acres of City-owned property. This area is still
functionally separated from the estuary by a system of dikes and is drained,
through tide gates, by a system of ditches constructed to facilitate use of the land
for agriculture. Allen and Jones Creeks flow through the prospective restoration
area, and the anadromous fish using them must also move in and out through the
existing tide gates.
The Trustees include the Tulalip Tribes, National Oceanic and Atmospheric
Administration (NOAA), USFWS, and Ecology. Other notable participating
agencies and groups include the City of Marysville, the Natural Resource
Conservation Service (NRCS), and others. The activities of the Trustees and other
participants to date, geared towards formulation of the restoration plan and its
eventual implementation, have included significant land acquisitions, preparation
of a Technical Report by the U.S. Army Corps of Engineers, consideration of
various conceptual design alternatives, and various permitting, funding,
Page 94 Shoreline Master Plan – _____________, 2020
implementation, and monitoring considerations. Sound Transit is considering
assisting the trusties with some yet-needed land acquisitions as a way of fulfilling
their mitigation requirements associated with rail line construction and
improvements in the coming years.
In 1994, the City of Marysville implemented a similarly functioning estuarine
restoration project for which a 400-foot section of dike was breached, allowing
intertidal flow to return to a 13-acre area that had been in agricultural production
for about 100 years. The project was implemented to satisfy mitigation
requirements for improvements to the City’s wastewater treatment facility and is
located near the southeast corner of the City’s sewage treatment lagoon and
adjoining the Qwuloolt/Poortinga site. A required 10-year monitoring program for
this City of Marysville restoration project has recently been completed. Monitoring
results indicate that estuarine plant communities including Lyngby’s sedge,
hardstem bulrush, and cattail have become established and that waterfowl and
juveniles of various salmonid fish species, including chinook salmon, are
increasingly making use of the area. Sedimentation rates within the restoration
project area have averaged 1.1 inches per year over the 10-year monitoring period
(Jones and Stokes 2004).
This implemented City of Marysville estuarine restoration project is serving well as
a prototype for the proposed Qwuloolt/Poortinga Estuarine Restoration Project,
and will likely be incorporated into it. It may provide a basis for modifications to
the project approach, for example, helping to decide whether tidal channels should
be actively excavated or if they should be allowed to form on their own. The type
and extent of the monitoring program proposed could also be benefited by the
experience gained. The now well-established Marysville project serves to
demonstrate a reasonable range of expectations for the completed
Qwuloolt/Poortinga Estuarine Restoration Project.
Once the dike along Ebey Slough is breached, the location of the ordinary high
water mark (OHWM) of Ebey Slough in the restoration area will change. SMA
jurisdiction extends a minimum of 200 feet from the OHWM or floodway. The
elevation of OHWM in this area is approximately 9 feet in elevation. To
approximate the new shoreline area after the dike is breached, the 9-foot elevation
was mapped using City point data, and a new line drawn 200 feet landward of that
elevation (Figure 22). This Potential Shoreline Boundary line extends beyond the
100-year floodplain in some areas of the Qwuloolt/Poortinga site. Since the
Potential Shoreline Boundary line reflects the minimum extent of the shoreline (i.e.
the OHWM plus 200 feet), any change in the location of the OHWM would change
the shoreline boundary as well.
The design for the Qwuloolt/Poortinga site has not been completed, and the
timeline for breaching the dike on Ebey Slough has not yet been determined.
However, it is clear that in some areas new dikes are likely to be needed, as some
properties with established businesses will be flooded without the benefit of a dike.
New dikes will change the location of the OHWM from the estimate made during
this inventory, and hence change the potential shoreline boundary. Given the
uncertainties in both the location and timing of potential new shoreline boundaries,
Marysville Shoreline Master Program Page 95
those areas that are not shoreline now, but may become shoreline once the dike
is breached, are not covered in detail in this inventory.
b. Participation in Watershed and Basin Programs
The City is participating in the Snohomish Basin Salmon Recovery Forum. In July
2004, this Forum issued the Draft Snohomish River Basin Salmon Conservation
Plan. One of the actions listed in the plan is the restoration of estuarine habitat at
the Qwuloolt/Poortinga site in Segment C. The City is also an active member of
the team that is planning that restoration project. Three studies have been
commissioned so far on this restoration project. The City funded a study titled
Restoration Project – Potential Impacts to City-Owned Properties. A Coastal Zone
Management grant funded a study called Allen Creek Enhancement At and Near
Jennings Park – Conceptual Design Report. Also funded by the Coastal Zone
Management Grant was a study titled Geotechnical Report Marysville Wastewater
Treatment Plant – Stability Analysis Eastern Dike of the South Lagoon.
The City is also part of the Allen/Quilceda Watershed Action (AQWA) Team. This
group of citizens and local government staff has prepared a brochure called A
Citizen's Guide to Reporting Water Quality Problems, which has been adopted for
use by Snohomish County. The AQWA Team is currently planning a restoration
project on Jones Creek, a tributary of Allen Creek, which will help to correct historic
problems with dissolved oxygen levels on Allen Creek. The AQWA Team is also
working on a community newsletter, and sponsoring various restoration and
pollution prevention activities.
c. Stilly-Snohomish Fisheries Enhancement Task Force Projects
The City has partnered with the Stilly-Snohomish Fisheries Enhancement Task
Force (SSFETF) on several projects in the Allen Creek watershed. A streamside
restoration and buffer enhancement project was completed on Allen Creek in 2002
with the help of the SSFETF and volunteers. An ongoing effort between the City,
the SSFETF and the school district provides environmental education
opportunities for elementary students in the Allen Creek watershed. This
education initiative includes classroom lessons and in-field activities on a piece of
property that the school district has set aside as an environmental education site.
The SSFETF and the City have jointly applied for a grant from the State
Department of Natural Resources to continue to enhance environmental education
opportunities in the watershed.
d. Critical Areas Regulations
The City of Marysville adopted a substantially revised update of the critical areas
regulations on 25 April 2005. The updated regulations are based on “best
available science,” and provide a high level of protection to critical areas in the
City, particularly streams, wetlands, and fish and wildlife habitat conservation
areas. Management of the City’s critical areas using these regulations will ensure
that ecological functions and values are not degraded, and that any impacts to
critical areas are fully mitigated. These critical areas regulations are one of several
Page 96 Shoreline Master Plan – _____________, 2020
important tools that will help the City meet its restoration goals. Category I
wetlands within the shorelines of Marysville will be specifically protected by the
updated Shoreline Master Program.
e. Stormwater Planning
In 2003, the City and Otak, Inc. produced the City of Marysville Surface Water
Management Plan and Surface Water Rate Study. The intent of this plan is:
“to ensure that needed public storm and surface water (stormwater) facilities,
as well as other stormwater-related programmatic services and capabilities,
are available to address existing drainage problems and allow continued future
development throughout the city. This includes effective use of existing
revenue sources and the creation of adequate revenues sources to
accommodate future growth and development.”
The plan identifies and prioritizes 16 projects that address needs in basin planning,
conveyance/flooding, water quality treatment, retention/detention, and habitat.
These projects are listed below:
1. Prepare Master Drainage Basin Plans for the Smokey Point/North Marysville,
Lakewood, and Central Business District areas.
2. 136th Street NE and Smokey Point Creek West culvert replacement: replace
existing box culvert with two 13-foot span by 5-foot rise concrete box culverts
with flared wingwalls. This would mitigate flooding problems and provide
passage for juvenile and adult salmon to upstream spawning and rearing
habitat.
3. Grove Street and 70th Street NE conveyance: increase the conveyance
capacity of the storm sewer system to accommodate up to 25-year storm
events to reduce flooding.
4. State Avenue conveyance: increase the capacity of selected portions of the
downtown Marysville conveyance system in order to reduce flooding
frequency.
5. Jennings Park flood reduction and habitat improvements: dredge and
reconstruct the Allen Creek channel and associated floodplain, revegetation
the riparian corridor with trees, and install in-stream habitat structures. The
project will reduce Jennings Park flood frequencies and reduce the spread of
reed canary grass.
6. RR/Smokey Point Creek West culvert replacement.
7. 45th Avenue NE/Smokey Point Creek West culvert replacement.
8. 43rd Avenue NE/Smokey Point Creek culvert replacement.
9. East and West Field access culvert removal and bridge installation.
10. Marina outfall water quality improvement.
Marysville Shoreline Master Program Page 97
11. Smokey Point Creek/RR detention facility.
12. Munson Creek at North-Point Park habitat improvement: dredge and
reconstruct the channel and associated floodplain, revegetate the riparian
corridor with trees, and install in-stream habitat structures. The project will
reduce the spread of reed canary grass.
13. 84th Street culvert replacement on Grace Creek.
14. 67th Avenue NE/52nd Street NE.
It also identifies potential funding sources for these projects between 2003 and
2008 by incrementally raising the City-wide surface water utility fee and
supplementing that revenue with increased developer fees, impact fees for new
development, forming special service districts, partnering with neighboring
agencies, and pursuing outside funding in the form of grants and loans.
Additionally, the plan recommends updating the City’s flood ordinance to include
compensatory storage for all new future development, re-evaluating the use of fill
in low-lying areas, and partnering with the County, developers and other parties to
develop regional detention and conveyance systems and enhancements.
f. Other Comprehensive Plan Policies
The Environmental Element chapter of the City of Marysville’s 2004 draft
Comprehensive Plan contains a number of general and specific goals and policies
that direct the City to permit and condition development in such a way that the
natural environment is preserved and enhanced. Techniques suggested by the
various policies to protect the natural environment include requiring setbacks from
sensitive areas, preventing adverse alterations to water quality and quantity,
preserving existing vegetation, educating the public, and mitigating necessary
sensitive area impacts, among others. The Comprehensive Plan policies also
recognize the “amenity and utilitarian functions” of the shoreline and natural areas
such as public access for visual enjoyment and recreation, water quality, and flood
storage.
g. Additional Projects
The following is a summary of the specific potential projects identified in the
Opportunity Areas sections of the individual Shoreline Inventory Segment
Reaches above (see Figure 21). The list of potential projects for each shoreline
segment was created after assessing conditions in each segment, and is intended
to contribute to improvement of impaired functions.
1. Opportunity Area A-1 (Fish Passage): Provide appropriate hydraulic conditions
at the State Avenue crossing (culvert replacement or bridge).
2. Opportunity Area A-2 (Fish Passage): Provide appropriate hydraulic conditions
at the railroad crossing of Quilceda Creek just downstream of State Avenue
(culvert replacement or bridge).
Page 98 Shoreline Master Plan – _____________, 2020
3. Opportunity Area A-3 (Fish Habitat): Place log structures in and along the
Creek in the short and intermediate term and plant appropriate tree species
along the stream banks to establish the kinds of forest plant communities that
will provide for large woody debris recruitment in the long term. Remove non-
native, invasive plant species.
4. Opportunity Area B-1 (Fish Habitat): As feasible, work with the County and the
industries involved to reduce the extent and impacts of log rafting and to
provide alternative means of transporting and storing logs.
5. Opportunity Area C-1: Restore (as a partner) approximately 355 acres on and
around the Qwuloolt/Poortinga property through dike breaching and other
activities.
6. Opportunity Area D-1: Preserve Segment D.
In general, all shoreline areas that are protected from flooding and/or tidal
influences, have been cleared of native vegetation, and have been covered with
impervious surfaces or over-water structures are degraded and have impaired
ecological functions. Ideally, redevelopment proposals should include a site-
specific plan to improve and restore some level of lost ecological function. For
example, projects could provide bands of native vegetation along the waterward
edge of the property, reduce impervious surfaces through innovative use of
pervious materials and reduce the impact of impervious surfaces through
stormwater management that focuses on runoff quantity and quality, pull back or
remove berms and other barriers that separate the site from tidal and flood
influences, and minimize the amount and impact of over water cover through size
minimization and use of light-transmitting decking materials.
h. Public Education
The draft 2004 Comprehensive Plan includes a number of policies specifically
targeting public education as a priority of the City. As mentioned above, the City
works with the SSFETF and the school district to provide environmental education
opportunities to elementary school children in the Allen Creek watershed. The
school district has set aside property on Allen Creek to serve as a field site for this
initiative. Other education initiatives include:
Junk Tire Round-up - In conjunction with Les Schwab Tires, junk tires from
Marysville were collected for proper disposal. Brochures advertising this round-
up, and additional information about West Nile Virus, were included in the utility
bills of all City customers.
Pet Waste Management – The City has prepared and distributed fliers to educate
citizens on proper management of pet waste.
Water Quality Test Kits – The City sought and received a grant to purchase a
turbidity meter, a dissolved oxygen meter, and a pH meter. This equipment is
Marysville Shoreline Master Program Page 99
available to the school district free of charge to assist teachers with their science
curriculum.
Clean Water Car Wash Kits – This kit was compiled and is available free of charge
to groups wishing to raise money by holding a car wash. Included in the kit are
educational materials on how to protect water quality.
i. Proposed Implementation Targets and Monitoring Methods
Table 7
Implementation Schedule and Funding for Restoration Projects, Programs and Plans
Restoration
Project/Program Schedule Funding Source or Commitment
8.3.1 Qwuloolt/Poortinga
Estuarine Restoration
Project
Design
ongoing –
implementation
not scheduled
To date, a substantial amount of staff time and
approximately 18 acres of City land have been
invested in the project.
8.3.2 Participate in
Watershed and Basin
Programs
Ongoing
To date, staff time is the only resource commitment.
Additional funds or commitments may be identified if
specific projects or programs in the City are
recommended during those processes (other than the
Qwuloolt/Poortinga project listed above).
8.3.3 Stilly-Snohomish
Fisheries Enhancement
Task Force Projects
Ongoing
Currently, staff time and materials are the only City
resource commitments. In addition, the City works
with SSFETF to obtain grants.
8.3.4 Critical Areas
Management ordinance
To be adopted
in April 2005
The City makes a substantial commitment of staff time
in the course of project and program reviews to
determine consistency and compliance with the Critical
Areas Management ordinance.
8.3.5 Stormwater Planning
(see Section 9.2.5 for
additional discussion)
Ongoing
Resources for stormwater plan implementation are
derived from surface water utility fees, developer fees,
impact fees for new development, forming special
service districts, partnering with neighboring agencies,
and pursuing grants and loans.
Quilceda Creek/
Tributary Projects
Project 4
Project 8
Project 9
Project 10
2004
2005
2008
2008
City funds
Other funds (Snohomish County and others)
Other funds (Snohomish County and others)
Other funds (Snohomish County and others)
Page 100 Shoreline Master Plan – _____________, 2020
Table 7
Implementation Schedule and Funding for Restoration Projects, Programs and Plans
Restoration
Project/Program Schedule Funding Source or Commitment
Project 11
Project 13
Ebey Slough/
Tributary Projects
Project 5
Project 6
Project 7
Project 12
Project 15
Project 16
2004
2006
2003
2008
2006
2005
2003
2003
Other funds (Snohomish County and others)
Other funds (Snohomish County and others)
City funds
City funds
City funds
City funds
City funds
City funds
8.2.6 Comprehensive Plan
Policies
To be adopted
in April 2005
The City makes a substantial commitment of staff time
in the course of project and program reviews to
determine consistency and compliance with the
Comprehensive Plan.
8.2.7 Additional Projects
As opportunity
and funding
allows.
Projects identified in Opportunity Areas discussions
would likely be implemented either when grant funds
are obtained, when partnerships are formed between
the City and other agencies or non-profit groups, or as
may be required by the State or other agencies in the
course of road improvement projects.
8.2.8 Public Education Ongoing
Staff time and materials are the only City resource
commitments. In addition, the City seeks out grants
for public education-related projects.
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 a
memo quantitatively or qualitatively, as appropriate, outlining implementation of
various restoration actions (by the City or other groups) in or affecting the City’s
shorelines. When available, the memo should include a description of the success
of actions accomplished in prior years. If staffing and funding are limited, the
Community Development Department should investigate partnerships with local
environmental groups, other state or county agencies, or tribes to implement
projects and conduct follow-up monitoring and reporting. Most of the projects
implemented under the auspices of the Critical Areas Management ordinance
would be implemented on private property in either a critical area or its buffer, and
Marysville Shoreline Master Program Page 101
are likely mitigation for a project that required a permit. Under the new Critical
Areas Management ordinance, up to five years of monitoring is required for
mitigation projects. The City should annually assemble a memo outlining projects
implemented that year in the shoreline zone, and attach monitoring reports
submitted by the property owner. Restoration projects implemented by private
property owners are dependent on volunteers or on submittal of a land use permit
application.
EXHIBIT D
SMP Code Update Page 1 of 7
Chapter 22E.050
SHORELINE MANAGEMENT MASTER PROGRAM
Sections:
22E.050.010 Adoption.
22E.050.020 Compliance Required.
22E.050.030 Permit Required.
22E.050.040 Permit – Fees.
22E.050.050 Application – Form.
22E.050.060 Review Process.
22E.050.070 Notice Publication.
22E.050.080 Decision.
22E.050.090 Filing With Department Of Ecology.
22E.050.100 Appeals.
22E.050.110 Commencement Of Construction – Time Lapse.
22E.050.120 Time Requirements Of Permit.
22E.050.130 Scope Of Chapter.
22E.050.140 Burden Of Proof.
22E.050.150 Permit Rescinded.
22E.050.160 Rescission – Hearing.
22E.050.170 Director’s Authority.
22E.050.180 Revisions To Permit.
22E.050.190 Nonconforming Uses.
22E.050.200 Documentation Of Project Review Actions And Changing Conditions In
Shoreline Areas.
22E.050.210 Amendments To Shoreline Master Program.
22E.050.220 Violation – Penalty.
22E.050.010 Adoption.
The city council hereby adopts the 2020 Shoreline Master Plan as an element of, and amendment
to, the Marysville Growth Management Comprehensive Plan, subject to the modifications set forth
in the Department of Ecology’s required changes, which are attached to Ordinance No. ____ as
Exhibit B. A copy of the comprehensive plan amendment, entitled Marysville Shoreline Master
Program, is attached to Ordinance No. ____ as Exhibit C and is hereby incorporated by this
reference.
22E.050.020 Compliance required.
No developments shall be undertaken on the shorelines of the city except those which are
consistent with the policies of this chapter and, after adoption or approval, as appropriate, the
applicable guidelines, regulations, or master program.
22E.050.030 Permit required.
No substantial development shall be undertaken on the shorelines of the city without first obtaining
a permit from the city.
22E.050.040 Permit – Fees.
All persons desiring such a permit shall make application by paying a fee as set out in Chapter
22G.030 MMC and filing an application with the community development department.
SMP Code Update Page 2 of 7
22E.050.050 Application – Form.
Applications for permits shall be made on forms prescribed by the community development
department, and shall contain the name and address of the applicant, a description of the
development, the location of the development, and any other relevant information deemed
necessary by the community development department.
22E.050.060 Review process.
(1) The community development department will review the substantial development permit
proposals for consistency with:
(a) The legislative policies stated in RCW 90.58.020, the Shoreline Management Act;
(b) The shoreline management master program of the city of Marysville.
(2) Conditional Use Permits. The purpose of the 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 use
permits may be authorized, provided the applicant can demonstrate all of the following:
(i) That the proposed use will be consistent with the policies of the SMA and
the policies of the master program;
(ii) That the proposed use will not interfere with the normal public use of public
shorelines;
(iii) That the proposed use of this site and design of the project will be
compatible with other permitted uses within the area;
(iv) That the proposed use will cause no unreasonably adverse effects to the
shoreline environment designation in which it is to be located;
(v) 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 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) Variances. 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:
(i) 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.
(ii) 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.
SMP Code Update Page 3 of 7
(iii) That the design of the 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.
(iv) That the variance authorized does not constitute a grant of special privilege
not enjoyed by other properties in the area, and will be the minimum necessary to grant relief.
(v) 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 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.
22E.050.070 Notice publication.
Upon receipt of an application for a permit, the city shall cause notice of application to be
published at least once a week for two consecutive weeks in a newspaper of general circulation
within the city. The second notice shall be published not less than 30 days prior to action by the
community development department. The city shall also cause notice of the application to be
mailed to each property owner of record within 300 feet of the proposed development. The date
of the mailing shall not be less than seven days in advance of the department action.
22E.050.080 Decision.
The following decision making process shall apply to all substantial development, conditional use
and variance permits:
(1) Exemption. Certain developments are exempt from the requirement to obtain a
substantial development permit. Such developments still may require a variance or Conditional
Use permit, and all development within the shoreline is subject to the requirements of the SMP,
regardless of whether a substantial development permit is required. Developments which are
exempt from obtaining a substantial development permit are identified in WAC 173-27-040 or as
subsequently amended. Application shall be made to the Community Development Department
for a shoreline exemption.
(2) Administrative Action. The community development director shall make a decision on
applications for substantial development permits, recommendations on applications for
conditional use and variance permits based upon:
(a) the Shoreline Master Plan (SMP) for the city; and
(b) the policies and procedures of the Shoreline Management Act (SMA) and related
sections of the Washington Administrative Code (WAC).
In the event the community development director determines the substantial development
is consistent with the above criteria, the community development director shall so state in written
findings, and such findings shall be filed with the Department of Ecology. In the event the
community development director determines the substantial development is inconsistent with the
above criteria the application shall be denied. The permit shall issue upon the terms and
conditions hereinafter prescribed and as prescribed by the community development director.
(3) Hearing Examiner action. The Hearing Examiner shall review an application for a
shoreline variance and conditional use permit and make decisions as authorized by this Chapter,
and as consistent with the SMP; SMA (RCW 90.58.100(5) and WAC 173-27-160). The permit
shall issue upon the terms and conditions hereinafter prescribed by the Hearing Examiner.
SMP Code Update Page 4 of 7
(4) Exceptions - Requirements to obtain shoreline permits or local reviews. Requirements to
obtain a substantial development permit, conditional use permit, variance, letter of exemption, or
other review to implement the Shoreline Management Act do not apply to the following:
(a) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial
action at a facility pursuant to a consent decree, order, or agreed order pursuant to Chapter
70.105D RCW, or to the department of ecology when it conducts remedial action under Chapter
70.105D RCW.
(b) Boat yard improvements to meet NPDES permit requirements. Pursuant to RCW
90.58.355, any person installing site improvements for storm water treatment in an existing
boatyard facility to meet requirements of a national pollutant discharge elimination system storm
water general permit.
(c) WSDOT facility maintenance and safety improvements. Pursuant to RCW
90.58.356, Washington State Department of Transportation projects and activities meeting the
conditions of RCW 90.58.356 are not required to obtain a substantial development permit,
conditional use permit, variance, letter of exemption, or other local review.
(d) Projects consistent with an environmental excellence program agreement
pursuant to RCW 90.58.045.
22E.050.090 Filing with Department of Ecology.
After all local permit administrative appeals or reconsideration periods are complete and the
permit documents are amended to incorporate any resulting changes, the city will mail or digitally
send the permit using return receipt for documentation of date of receipt to the Department of
Ecology and the Office of the Attorney General. Projects that require both Conditional Use
Permits and/or Variances shall be mailed simultaneously with and Substantial Development
Permits for the project.
(a) The permit and documentation of the final local decision will be mailed or digitally
transferred together with the complete permit application; a findings and conclusions letter; a
permit data form (cover sheet); and applicable SEPA documents.
(b) Consistent with RCW 90.58.140(6), the state’s Shorelines Hearings Board twenty-
one day appeal period starts with the filing date, which is defined below:
(i) For projects that only require a Substantial Development Permit (SDP): the
date that Ecology receives the city decision.
(ii) For a Conditional Use Permit (CUP) or Variance (VAR): the date that
Ecology’s decision on the CUP or Variance is transmitted to the applicant and the City.
For SDPs simultaneously mailed with a CUP or VAR to Ecology: the date that Ecology’s decision
on the CUP or VAR is transmitted to the applicant and the City.
22E.050.100 Appeals.
Shoreline Hearings Board. Any decision made by the community development director on a
substantial development permit, or by the Hearing Examiner on a Conditional Use or variance
permit shall be final unless an appeal is made. Persons aggrieved by the grant, denial, recission
or modification of a permit may file a request for review to the Shoreline Hearings Board in
accordance with the review process established by RCW 90.58.180 or as subsequently amended,
and with the regulations of the Shoreline Hearings Board contained in Chapter 46-1-08 WAC or
subsequently amended. The request for review must be filed with the Hearings Board within
twenty-one (21) days of the date of filing.
22E.050.110 Commencement of construction – Time lapse.
No one who is issued a permit hereunder shall be authorized to commence construction until
twenty-one (21) days have elapsed from the date that the permit is filed with the Washington State
SMP Code Update Page 5 of 7
Department of Ecology, or until all review proceedings are terminated if such proceedings were
initiated within said 21-day period, per WAC 173-27-190.
22E.050.120 Time requirements of permit.
The following time requirements shall apply to all substantial development, conditional use and
variance permits:
(1) Construction or substantial progress toward construction of a project for which a permit
has been granted must be undertaken within two years after the approval of the permit.
Substantial progress toward construction shall include, but not be limited to, the letting of bids,
making of contracts, and purchase of materials involved in development, but shall not include
development or uses which are inconsistent with the Shoreline Management Act or the city’s
master program. In determining the running of the two-year period hereof, there shall not be
included the time during which a development was not actually pursued by construction and the
pendency of litigation reasonably related thereto made it reasonable not to so pursue; provided,
that the community development director may, at his/her discretion, extend the two-year time
period for a reasonable time based on factors, including the inability to expeditiously obtain other
governmental permits which are required prior to the commencement of construction.
(2) If a project for which a permit has been granted has not been completed within five years
after the approval of the permit by the city, the community development director shall review the
permit and, upon a showing of good cause, do either of the following:
(a) Extend the permit for one year; or
(b) Terminate the permit.
Provided, that the running of the five-year period shall not include the time during which a
development was not actually pursued by construction and the pendency of litigation reasonably
related thereto made it reasonable not to so pursue; provided further, that nothing herein shall
preclude the city from issuing permits with a fixed termination date less than five years.
22E.050.130 Scope of chapter.
Nothing in this chapter shall authorize the issuance of a permit upon conditions or terms which
are specifically contrary to the laws of the state of Washington.
22E.050.140 Burden of proof.
All applicants for permits shall have the burden of proving that a proposed development is
consistent with the criteria which must be met before the permit is issued.
22E.050.150 Permit rescinded.
Any permit issued hereunder may be rescinded by the hearing examiner upon a finding that a
permittee has not complied with the conditions of a permit, subject however to a hearing as
hereinafter provided.
22E.050.160 Rescission – Hearing.
Before such permit is rescinded by the hearing examiner, the community development director
shall set a date for a public hearing to determine whether the permittee has not complied with the
conditions of the permit. This hearing will be held upon notice to the permittee by mailing such to
permittee’s address as shown on the application, by posting one notice at the development, and
by notice in a newspaper of general circulation within the city at least 10 days prior to the hearing.
22E.050.170 Director’s authority.
The community development director shall have the authority to immediately stop any work under
a permit which the community development director believes, in good faith, is not in compliance
with the permit and is likely to cause immediate and irreparable harm. Upon such a stop order
SMP Code Update Page 6 of 7
being issued, the permittee shall immediately cease and desist such portion of the development
which is ordered stopped by the community development director, but may continue working on
the other portions of the development. As soon as it is practical thereafter, a hearing will be held
before the hearing examiner of the city to determine whether the conditions of the permit were
being violated, and if so, whether to cancel the permit or determine what other action should be
taken. Notice of hearing shall be in the form and manner prescribed hereinabove as to a hearing
on cancellation of a permit.
22E.050.180 Revisions to permit.
When an applicant seeks to revise a substantial development, conditional use or variance permit,
the city community development department shall request from the applicant detailed plans and
text describing the proposed changes in the permit. If the community development director
determines that the proposed changes are within the scope and intent of the original permit, the
revision shall be automatically approved. “Within the scope and intent of the original permit”
means the following:
(1) No additional over-water construction will be involved;
(2) 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;
(3) Landscaping may be added to a project without necessitating an application for a new
permit;
(4) The use authorized pursuant to the original permit is not changed;
(5) No additional significant adverse environmental impact will be caused by the project
revision.
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.
22E.050.190 Nonconforming Uses.
The provisions of Chapter 22C.100 MMC, specifically sections 22C.100.010 thru 22C.100.050,
relating to nonconforming uses are hereby incorporated into the Shoreline Master Plan as though
fully set forth therein. All references to provisions contained in the Marysville Unified Development
Code shall be construed as referring to the Shoreline Master Plan (including shoreline permits),
and all references to zoning districts and classifications shall be construed as referring to
environments established by the Shoreline Master Plan. Sections 22C.110.10 thru 22C.110.050
dealing with temporary use shall not be considered part of the Shoreline Master Plan.
22E.050.200 Documentation of project review actions and changing conditions in
Shoreline areas.
The City will keep on file documentation of all projects, including applicant submissions and
records of decisions, relating to shoreline management provisions in the Shoreline Master
Program.
22E.050.210 Amendments to Shoreline 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.
SMP Code Update Page 7 of 7
22E.050.220 Violation – Penalty.
In addition to incurring civil liability, any person found to have willfully engaged in activities on the
shorelines within the city in violation of the provisions of this chapter or any of the master
programs, rules or regulations adopted pursuant thereto shall be guilty of a misdemeanor and
shall be subject to Section MMC 4.02.040 Penalties and enforcement.