Shoreline Master Program Update
First Review of Preliminary Draft Shoreline Master
Program
[Entity][Month Day, 2009]
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Shoreline Master Program Update
Why Update the SMP Now?
–Shoreline Management Act passed in 1971, adopted in 1972
–County and Cities adopted SMP in 1975, last major update 1979
–Cooperative program – state and local governments
–New State SMP rules adopted in 2003
–All local governments must update• Due in Chelan County by 2013
–County and Cities are working cooperatively
–Have State grant as early adopter on east side2
Shoreline Master Program Update
Where Does This Apply?– Shoreline Jurisdiction
• Stream ≥20 cfs, lakes ≥20 acres• Upland areas 200 feet from OHWM• Floodways and some adjacent floodplain area• Associated wetlands• Private use/development on federal lands
– New Uses• Existing shoreline uses and activities may continue
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Shoreline Master Program Update
Agenda
– SMP Requirements– Key SMP Principles– SMP Development– SMP Contents
• Environment Designations• Public Access• Vegetation Conservation• In-water Activities• Upland Activities
– Restoration Plan– Next Steps 4
Shoreline Master Program Update
SMP Requirements
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Shoreline Master Program Update
SHORELINE MANAGEMENT ACT (SMA) RCW 90.58
To prevent harm caused by uncoordinated and piecemeal development of the state’s major shorelines.
Shoreline Master Program Guidelines WAC 127-26
Shoreline Master Program (SMP) Carries out provisions of SMA
Must be approved by Dept. of Ecology, using policy of RCW 90.58.020 and
Guidelines as approval standards/criteria 6
Shoreline Master Program Update
Inventory&
Analysis
SMP- Environment Designations- Goals- Policies- Regulations
Cumulative Impacts Analysis
Local Adoption
Restoration Plan
Ecology Review and Adoption
Required Steps
Determine Jurisdiction
Public Participation
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Shoreline Master Program Update
Where Are We Now?
Inventory&
Analysis
SMP- Environment Designations- Goals- Policies- Regulations
Cumulative Impacts Analysis
Local Adoption
Restoration Plan
Determine Jurisdiction
Ecology Review and Adoption
Public Participation
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Shoreline Master Program Update
Key SMP Principles
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Shoreline Master Program Update
Key Principles of the SMP
– Balance• environmental protection• public access• water-oriented uses
– No Net Loss of Ecological Function– Preferred Uses
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Shoreline Master Program Update
Eco
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ion
SMP Updates: Achieving No Net Loss of Ecological Function
SMP Restoration Plan
Voluntary restoration opportunities
No Net Loss – Current Baseline
On-going degradation from existing development
Unavoidable impacts from new
development
Key: Degraded Improved SMP elements
Higher
Lower
SMP UpdateFramework to achieve NNL
• Inventory & Characterization
• Environment Designation
• Development Policies & Standards
• Recommended Actions outside SMA authority
• Compliance Strategy
• Cumulative Impacts Analysis
• Restoration PlanShoreline violations
• Off-site mitigation opportunities
• Offsetting mitigation
Avoid and Mitigate Impacts
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Shoreline Master Program Update
Shorelines of State
• Preferred Uses:– Uses that control pollution &
prevent environmental damage– Uses unique to or dependent
upon use of the state's shoreline– Single family residences– Ports– Shoreline recreational uses– Water-dependent uses, e.g.
parks, marinas, piers, industrial and commercial developments
– Other uses providing an opportunity for substantial numbers of people to enjoy the shorelines
Shorelines of Statewide Significance
• Preferred Uses: Uses that– Protect the statewide interest over
local interest– Preserve the natural character of
the shoreline– Result in long-term over short-term
benefit– Protect the resources and ecology
of the shoreline– Increase public access to publicly
owned areas of the shorelines– Increase public recreational
opportunities– Other element consistent with SMA
deemed appropriate or necessary
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Shoreline Master Program Update
SMP Development
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Shoreline Master Program UpdateShoreline Master Program Update
Development of the SMP– Builds upon:
• SMP Guidelines & Consistency Analysis• Inventory/Analysis Report
– Includes: • Specific subjects requested by County and
City staff & the public– Furthers consistency with state & federal
permit requirements14
Shoreline Master Program Update
Public Involvement
– Shoreline Advisory Committee Winter 2008/2009
– Visioning Workshops Fall 2008
– Community Outreach – fliers, fairs, etc.
– Local City and County meetings with planning commissions and elected officials
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Shoreline Master Program Update
• Contents– Environment Designations– Goals– Policies– Regulations
• Structure– “Universal” Chapters 1-8– “Unique” Chapters 9-14– Differences =
• environment designations• vegetation conservation• upland development
• Intent– Meet state requirements
& local community needs– Improve consistency– Improve staff and public
usability
Preliminary Draft SMP
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Shoreline Master Program Update
Current SMP: Prepared in 1975
• Contains– Goals and Policies– Shoreline Use
Regulations– Environment
Boundaries
Pre-Draft SMP Update New Chapters
• Environment Designations (Chapter 3)• Shoreline Works & Structures divided by:
– Piers and docks (Section 5.14)– Shoreline stabilization (Section 5.18)– Breakwaters, jetties, groins and weirs
(Section 5.6)– Flood hazard reduction (Section 4.3)– In-water structures (Section 5.12)
• Ecological Protection & Critical Areas (Section 4.1)• Public Access (Section 4.4)• Vegetation Conservation (Section 4.5)• Water Quality, Stormwater & Nonpoint Pollution (Section 4.6)• Shoreline Habitat & Natural Systems Enhancement Projects (Section 5.17)
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Shoreline Master Program Update
Changes That May Affect Property Owners
• Switch from common line setback to standard setback [bullet for Cities only]
• More prescriptive requirements for shoreline vegetation protection and restoration
• Increased justification and design requirements for shoreline stabilization
• Streamlined permitting with added uses subject to SDP rather than CUP
• Reduced ambiguity and increased consistency and predictability with added detail (e.g., pier regulations, public access) 18
Shoreline Master Program Update
SMP Contents
• Environment Designations• Public Access• Vegetation Conservation• In-water Activities• Upland Activities
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Shoreline Master Program Update
Environment Designations Based On:
• Criteria in the Guidelines• Ecological condition per Inventory/Analysis• Existing and planned land use
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Shoreline Master Program Update
Environment Designations Chelan County (Section 9.3)
– Maintaining existing naming protocol• Natural• Conservancy• Rural• Urban
– Adding two new designations
• Aquatic (required)• Federal (suggested)
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Shoreline Master Program Update
Environment Designations City of Cashmere (Section 10.3)
• New designation system consistent with Guidelines recommendations
– Urban Conservancy– Shoreline Residential– High Intensity– Aquatic
• Recognizes differences in ecological function and desired land uses within the City and its UGA
• Formerly a single Urban designation 22
Shoreline Master Program UpdateShoreline Master Program Update
Environment Designations City of Chelan (Section 11.3)
• New designation system consistent with Guidelines recommendations
– Urban Conservancy– Shoreline Residential – Single-Family– Shoreline Residential – Multi-Family– High Intensity– Aquatic
• Recognizes differences in ecological function and desired land uses within the City and its UGA
• Formerly a single Urban designation 23
Shoreline Master Program UpdateShoreline Master Program Update
Environment Designations City of Entiat (Section 12.3)
• New designation system consistent with Guidelines recommendations– Urban Conservancy– Shoreline Residential– Waterfront Business
(consistency with Waterfront Plan)– High Intensity– Aquatic
• Recognizes differences in ecological function and desired land uses withinthe City and its UGA
• Formerly a single Urban designation 24
Shoreline Master Program UpdateShoreline Master Program Update
Environment Designations City of Leavenworth (Section 13.3)
• New designation system consistent with Guidelines recommendations– Natural– Urban Conservancy– Shoreline Residential– High Intensity– Aquatic
• Recognizes differences in ecological function and desired land uses within the City and its UGA
• Formerly a single Urban designation25
Shoreline Master Program Update
Environment Designations City of Wenatchee (Section 14.3)
–New designation system consistent with Guidelines recommendations
• Natural• Urban Conservancy• Shoreline Residential• Waterfront (consistency with
Waterfront Plan)• High Intensity• Aquatic
– Recognizes differences in ecological function and desired land uses within the City and its UGA
– Formerly a single Urban designation
Shoreline Master Program Update
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Shoreline Master Program Update
Public Access – Proposed Priorities
1. Maintain existing sites, facilities & easements
2. Provide new facilities or enhance existing facilities on existing public lands
3. Acquire property or easements to implement adopted public access plans or to recognize unique opportunities
4. Require physical or visual access as a condition of approval for shoreline development activities • Would need to be consistent with the level of demand
by the development and have a benefit to the public27
Shoreline Master Program Update
Vegetation ConservationBasic Principles (Section 4.5)
– Preserve existing vegetation to maximum extent practicable
– Additional protection for buffers – All impacts must be mitigated– Aligned with critical areas regulations– Some passive or essential uses (e.g., trails, utilities,)
allowed– Existing vegetation and management practices may
continue
Shoreline Master Program Update
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Shoreline Master Program Update
Vegetation ConservationChelan County (Section 9.5)
– Consistent with County Critical Areas Regulations except, water-dependent uses may be located up to water’s edge
– Certain other
Shoreline Master Program Update
Environment Designation
Buffer Width
High Intensity Low Intensity
Natural 250 200Conservancy 250 200Rural 150 100Urban 100 75Lower Lake Chelan 50 25Lots < 300’ deep 25% of depth, greater of 25’ or common
line setback
water-oriented uses may be located in buffer if alternate location not feasible
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Shoreline Master Program Update
Vegetation ConservationCity of Cashmere (Section 10.5)
– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the
buffer if alternate location not feasible
Shoreline Master Program Update
Environment Designation
Standard Buffer Reduced Buffer
Urban Conservancy 150’ 112.5’
Shoreline Residential 50’ 37.5’
High Intensity 80’ 60’
– Buffers may be reduced up to 25% with appropriate mitigation 30
Shoreline Master Program UpdateShoreline Master Program Update
Environment Designation
Standard Buffer Reduced Buffer
Urban Conservancy 150’ 112.5’
Shoreline Residential – Single Family and Multi-Family
50’ 37.5’
High Intensity 50’ 37.5’
– Buffers may be reduced up to 25% with appropriate mitigation
Vegetation ConservationCity of Chelan (Section 11.5)
– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the
buffer if alternate location not feasible
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Shoreline Master Program Update
Vegetation ConservationCity of Entiat (Section 12.5)
– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the
buffer if alternate location not feasibleEnvironment Designation
Standard Buffer Reduced Buffer
Urban Conservancy 150’ 112.5’
Shoreline Residential 80’ 60’
Waterfront Business and High Intensity
40’ 30’
– Buffers may be reduced up to 25% with appropriate mitigation 32
Shoreline Master Program Update
Vegetation ConservationCity of Leavenworth (Section 13.5)
– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the
buffer if alternate location not feasibleEnvironment Designation
Standard Buffer Reduced Buffer
Natural 200’ 150’
Urban Conservancy 150’ 112.5’
Shoreline Residential 80’ 60’
Waterfront Business and High Intensity
80’ 60’
– Buffers may be reduced up to 25% with appropriate mitigation 33
Shoreline Master Program Update
Vegetation ConservationCity of Wenatchee (Section 14.5)
– Widths developed using average existing condition– Water-dependent uses may be located up to water’s edge– Certain other water-oriented uses may be located in the
buffer if alternate location not feasibleEnvironment Designation
Standard Buffer Reduced Buffer
Natural 200’ 150’
Urban Conservancy 150’ 112.5’
Shoreline Residential 100’ 80’
Waterfront Business and High Intensity
150’ 112.5’
– Buffers may be reduced up to 25% with appropriate mitigation 34
Shoreline Master Program Update
Shoreline Uses and Permits
– Shoreline Uses & Activities allowed by environment designation
• More lenient – Urban or High Intensity• More restrictive – Natural• Other designations in-between – Conservancy
– Shoreline Permits• Shoreline Substantial Development Permits
– Exemptions• Shoreline Conditional Use Permit• Shoreline Variance Permit
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Shoreline Master Program Update
Use Matrix
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The chart is coded according to the following legend.P = PermittedCU = Conditional UseX = Prohibited(-) = Subject to use limitations in Chapter 5
and Chapters 9 to 14; otherwise prohibited
Natural
Conservancy Rural Urban Aquati
c
Marinas and commercial piers X CU P P P
Commercial: Water-dependent uses X CU P P CU
Commercial: Nonwater-oriented uses X X P(-) P(-) X
Upland fill outside of CMZ/ floodplain X CU P P --
Upland fill inside of CMZ/ floodplain X X CU P --
Recreational: Water-dependent CU P P P P
Recreational: Nonwater-oriented X CU CU CU X
Residential: Single-family CU P P P X
Residential: Multi-family X X CU P X
Shoreline Master Program Update
Piers and Docks (Section 5.14)
– Applies to residential structures serving ≤4 residences
– Addresses fixed-pile piers, floats, boatlifts, and buoys
– Generally permitted on appropriate waterbodies in all environments except Natural
– Minimize size of structures, and mitigate for new impacts
– Consistency with state and federal regulations 37
Shoreline Master Program Update
Shoreline Stabilization (Section 5.18)
– New bulkheads permitted if necessary– Existing bulkhead may be replaced if
demonstrated need– Soft approaches required unless demonstrated
to be insufficient – Minimize size of structures– Minimize and mitigate for new impacts.– Soft shoreline projects may extend waterward
of ordinary high water38
Shoreline Master Program Update
Residential Uses
– Single-family is Preferred Use– Multifamily allowed where zoning allows in High
Intensity or Shoreline Residential environments– Standards for shoreline frontage, height, and side
setbacks– Key issue for single-family is establishing
shoreline frontage– Key issues for multifamily include maximum
height and views39
Shoreline Master Program Update
Commercial & Industrial Uses
– Water-dependent, water-related, or water-enjoyment are preferred
– Nonwater-oriented uses allowed in limited cases
– Allowed where zoning allows in High Intensity & Urban environments
– Key policy issue – maximum heights, public views, and residential uses
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Shoreline Master Program Update
Restoration Plan
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Shoreline Master Program Update
Restoration Plan
– Definition of Restoration – Includes goals, policies and actions
for restoration– Facilitates meeting and exceeding
the basic “no net loss” standard– Relies heavily on watershed and
subbasin plans – Acknowledges the activities and
benefits of multiple other organizations
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Shoreline Master Program Update
Next Steps
• Assemble working draft -- April 2009• Release 1st Review Draft -- May 11, 2009
– Workshops, open houses– Subcommittees
• State review• “Dynamic” comment period• Public Hearing Draft – October 2009
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