Ordinance 21-007 Shoreline Master Program CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.21-007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON ADOPTING AMENDMENTS TO THE SHORELINE MASTER
PROGRAM DEVELOPMENT REGULATIONS IN CHAPTER 21.50 SPOKANE
VALLEY MUNICIPAL CODE,AND OTHER MATTERS RELATING THERETO.
WHEREAS, the Shoreline Management Act(chapter 90.58 RCW) governs shorelines of the state
and requires local governments to adopt shoreline programs in compliance with the Shoreline Management
Act(SMA);and
WHEREAS,RCW 90.58.080 requires local governments to develop or amend master programs for
the regulation and uses of the shorelines of the state consistent with the guidelines adopted by the
Washington State Department of Ecology (Ecology); and
WHEREAS,the City of Spokane Valley(City)adopted a comprehensive shoreline master program
(SMP)update pursuant to RCW 90.58.080(2),which was effective as of December 30,2015; and
WHEREAS, RCW 90.58.080(4) requires the City to periodically review and, if necessary, revise
its SMP on or before June 30, 2021; and
WHEREAS,the review process is intended to bring the SMP into compliance with current changes
in laws and rules that have been added or changed since the last SMP amendment; and
WHEREAS, in 2020, the City hired the consultant firm The Watershed Company to conduct the
periodic review pursuant to RCW 90.58.080(4). The entire review is paid with a grant from Ecology; and
WHEREAS, the City developed a public participation program for the periodic review in
accordance with WAC 173-26-090(3)(a) to inform, involve and encourage participation of interested
persons and private entities,tribes, and applicable agencies having interests and responsibilities relating to
shorelines; and
WHEREAS, the City has followed the public participation program developed for the periodic
update, including developing and maintaining a SMP website that identified key dates and documents for
review, email notifications to interested parties and stakeholder distribution lists,media releases including
all the City's social media platforms, and on-hold messaging at various stages in the process; and
WHEREAS, the City used Ecology's checklist of legislative and rule amendments to review
amendments to chapter 90.58 RCW and department guidelines that have occurred since the SMP was
adopted in 2015,and determine if local amendments are needed to maintain compliance in accordance with
WAC 173-26-090(3)(b)(i); and
WHEREAS,the City reviewed changes to the comprehensive plan and development regulations to
determine if the SMP policies and regulations remain consistent with them in accordance with WAC 173-
26-090(3)(b)(ii); and
WHEREAS,the City considered whether to incorporate any amendments needed to reflect changed
circumstances, new information or improved data in accordance with WAC 173-26-090(3)(b)(iii); and
Ordinance 21-007 Page 1 of 4
WHEREAS, on February 12, 2021, the City issued a notice of the public hearing stating that the
City was accepting public comments for 30 days. The City also published all draft documents on the SMP
project webpage and notified the public of their availability; and
WHEREAS, a State Environmental Policy Act(SEPA) environmental checklist was prepared and
the City's SEPA responsible official issued and circulated a copy of the checklist and a Determination of
Non-Significance(DNS) on February 12,2021; and
WHEREAS, the City provided Notice of Intent to Adopt to the Washington State Department of
Commerce in accordance with WAC 173-26-100(5); and
WHEREAS, the City Solicited comments on the draft proposal from Ecology prior to local
approval; and
WHEREAS,on February 25,2021,an overview of the proposed SMP amendments and a summary
of the adoption process was provided to the Planning Commission; and
WHEREAS, on March 11, 2021, the Planning Commission conducted a public hearing for the
purpose of taking public testimony on the proposed amendments; and
WHEREAS, after the public hearing on March 11, 2021, the public hearing was closed, except to
allow written comments to be submitted by close of business on Friday, March I2, 2021; and
WHEREAS, on March 25, 2021, the Planning Commission reviewed all public comments and
deliberated on the proposed SMP amendments; and
WHEREAS, on May 13, 2021, after deliberations, the Planning Commission unanimously voted
to adopt the findings recommending to the City Council to adopt the proposed amendments to the SMP;
and
WHEREAS, this completes the City's required process for periodic review in accordance with
RCW 90.58.080(4) and applicable state guidelines(WAC 173-26).
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Review and Evaluation. The City hereby finds that the review and evaluation
required by RCW 90.58.080(4) have occurred, as described in the recitals above, which are incorporated
herein by reference as set forth in Section 2.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study,held a public hearing on the proposed updates
to the SMP and recommended approval of the revised SMP. The City Council has read and considered the
Planning Commission's findings. The City Council adopts the foregoing recitals as findings for this
Ordinance, which are incorporated by reference as if set forth in full, and also makes the following
conclusions:
Conclusions:
A. The Council finds compliance with SVMC 17.80.150(F) for the SMP. The SMP is consistent
with the goals and policies of the Spokane Valley Comprehensive Plan,and will promote the public
Ordinance 21-007 Page 2 of 4
health, safety, welfare, and protection of the environment. Specifically the Council concludes the
following:
1. The draft SMP amendments are consistent with the following policy and goal of the
Spokane Valley Comprehensive Plan:
H-P2 Adopt development regulations that expand housing choices by allowing
innovative housing types including tiny homes, accessory dwelling units, pre-fabricated
homes, co-housing, cottage housing, and other housing types.
NR-G3 Ensure that Critical Areas and Shoreline Master Program regulations are based
on best available science and are consistent with required environmental policy.
2. The draft SMP amendments bear a substantial relation to public health,safety,welfare,and
protection of the environment. The proposed amendments to the SMP were identified after a
review of changes to laws and rules. The proposed amendments implement changes to local
and state laws and rules including best available science for wetlands and fish and wildlife
habitat conservation areas. The proposed amendments maintain the vision and goals adopted
in the SMP and Comprehensive Plan.
3. The draft SMP amendments are in compliance with RCW 90.58, WAC 173-26, and the
Washington State Shoreline Management Planning Guidelines.
B. The Council finds that adequate public noticing was given to offer the public participation
opportunities consistent with the adopted SMP Public Engagement Plan.
C. The proposed updates to the SMP are necessary to maintain consistency with changes to local
and state laws and rules. The proposed text amendments fulfill the City's obligations under state
law to review and revise the SMP.
Section 3. Amendment of Shoreline Master Program. The City's existing development
regulations for the SMP, set forth in chapter 21.50 SVMC. and Appendix A-1, are hereby amended as set
forth in Exhibit 1, attached hereto and fully incorporated herein. The remaining portions of the chapter
21.50 SVMC and Appendix A-1 shall remain unchanged.
Section 4. Submission to Department of Ecology. The City Manager or designee is directed
to submit the revised SMP and associated documents to the Department of Ecology for review and approval
prior to formal adoption. Once approved by the Department of Ecology, no further action is necessary for
compliance with RCW 90.58.080(4)for the periodic review update due on June 30,2021.
Section 5. Severability. If any section, sentence, clause of phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,or
phrase of this Ordinance.
Section 6. Effective Date. Except as otherwise provided in this Section,this Ordinance shall
be in full force and effect five days after publication of this Ordinance or a summary thereof in the official
newspaper of the City of Spokane Valley as provided by law. The amendments to chapter 21.50 SVMC
and Appendix A-1 shall not be effective until 14 days after the Department of Ecology's final action as
provided by RCW 90.58.090(7).
Ordinance 21-007 Page 3 of 4
Passed by the City Council this 8ti' day of June ,2021
6- a
Ben Wick,Mayor
BrOli-vt
AT ES
Christine Bainbridge, City Clerk
Approved as to Form:
Office the 4 Attoi,ey
Date of Publication: " 61 2/
Effective Dat :
CQ7'r
Ordinance 21-007 Page 4 of 4
CHAPTER 21.50 - SHORELINE REGULATIONS
Article I. Shoreline Permits, Procedures, and Administration
21.50.010 Applicability, Shoreline Permits, and Exemptions
To be authorized, all uses and development activities in shorelines shall comply with the City of
Spokane Valley's (City) Shoreline Master Program (SMP) and the Shoreline Management Act
(SMA) pursuant to RCW 90.58.140(1). All regulations applied within the shoreline shall be
liberally construed to give full effect to the objectives and purposes for which they have been
enacted.
21.50.020 Applicability
A. The SMP shall apply to all shorelands, shorelines, and waters within the City that fall
under the jurisdiction of chapter 90.58 RCW. The Shoreline Designations Map is shown
in Appendix A. These include:
1. Lands extending 200 feet from the ordinary high water mark (OHWM) of waters
that fall under the jurisdiction of chapter 90.58 RCW, in all directions as
measured on a horizontal plane;
2. Floodways and contiguous floodplain areas landward 200 feet from such
floodways;
3. Critical areas within the shoreline and their associated buffer areas; and
4. Lakes that are subject to the provisions of the SMP, as may be amended.
B. Maps depicting the extent of shoreline jurisdiction and shoreline designations are for
guidance only. They are to be used in conjunction with best available science, field
investigations, and on-site surveys to accurately establish the location and extent of the
shoreline jurisdiction when a project is proposed. All areas meeting the definition of a
shoreline or a Shoreline of Statewide Significance, whether mapped or not, are subject
to the provisions of the SMP. Within the City, Shelley Lake is considered a Shoreline of
the State and is subject to the provisions of the SMP. The Spokane River is further
identified as a Shoreline of Statewide Significance.
C. The SMP shall apply to every person, individual, firm, partnership, association,
organization, corporation, local or state governmental agency, public or municipal
corporation, or other non-federal entity that develops, owns, leases, or administers
lands, critical areas, or waters that fall under the jurisdiction of the SMA.
D. Specific developments identified in WAC 173-27-044 and -045 are not required to obtain
shoreline permits or local reviews.
E. Development may require a shoreline permit in addition to other approvals required from
the City, state, and federal agencies.
F. The SMP shall apply whether the proposed development or activity is exempt from a
shoreline permit or not.
G. Definitions relevant to the SMP are set forth in Appendix A-1. If any conflict occurs
between the definitions found in Appendix A-1, and Appendix A, the definition provided
in Appendix A-1 shall govern.
Exhibit 1: Ordinance 21-007 Page 1 of 72
H. When the provisions set forth in SVMC 21.50 conflict with other provisions of the SMP or
with federal or state regulations, those which provide more substantive protection to the
shoreline shall apply.
21.50.030 Administrative Authority and Responsibility
A. The City Manager or designee is the City's designated shoreline administrator, who shall
carry out the provisions of the SMP and who shall have the authority to act upon the
following matters:
1. Interpretation, enforcement, and administration of the SMP;
2. Modifications or revisions to approved shoreline permits as provided in the SMP;
and
3. Requests for Letters of Exemption.
B. The City Manager shall ensure compliance with the provisions of the SMP for all
shoreline permits and approvals processed by the City pursuant to SVMC 21.50.100,
21.50.110, 21.50.130, and 21.50.140.
C. The City Manager shall document all project review actions in the shoreline jurisdiction in
order to periodically evaluate the cumulative effects of authorized development on
shoreline conditions, pursuant to WAC 173-26-191(2)(a)(iii)(D).
D. The City Manager shall consult with Ecology to ensure that any formal written
interpretations are consistent with the purpose and intent of chapter 90.58 RCW and the
applicable guidelines of chapter 173-26 and 173-27 WAC.
21.50.040 Types of Shoreline Permits
Developments and uses within the shoreline jurisdiction may be authorized through one or more
of the following:
A. Shoreline Substantial Development Permit, pursuant to SVMC 21.50.100, for substantial
development.
B. Shoreline Conditional Use Permit, pursuant to SVMC 21.50.130, for projects identified in
SVMC 21.50.190 or uses not specified in the SMP.
C. Letters of Exemption, pursuant to SVMC 21.50.120, for projects or activities meeting the
criteria of RCW 90.58.030(3)(e) and WAC 173-27-040(2).
D. Shoreline Variance, pursuant to SVMC 21.50.140.
21.50.050 Development Authorization Review Procedure
A. Complete development applications and appeals shall be processed pursuant to SVMC
17.80 Permit Processing Procedures, SVMC 17.90 Appeals, and with any specific
process requirements provided in SVMC 21.50 including:
1. Submittals;
2. Completeness review;
3. Notices;
4. Hearings;
5. Decisions; and
6. Appeals.
B. The following procedures shall also apply to development authorizations within the
shoreline jurisdiction:
1. The public comment period for Shoreline Substantial Development Permits shall
be 30 days, pursuant to WAC 173-27-110.
Exhibit 1: Ordinance 21-007 Page 2 of 72
2. The public comment period for limited utility extensions and shoreline
stabilization measures for bulkheads to protect a single-family residence and its
appurtenant structures shall be 20 days, pursuant to WAC 173-27-120.
3. For limited utility extensions and bulkheads for a single-family residence, a
decision shall be issued within 21 days from the last day of the comment period,
pursuant to WAC 173-27-120.
4. The effective date of a shoreline permit shall conform to WAC 173-27-090 and
shall be the latter of the permit date, or the date of final action on subsequent
appeals of the shoreline permit, if any, unless the Applicant notifies the shoreline
administrator of delays in other necessary construction permits.
5. The expiration dates for a shoreline permit pertaining to the start and completion
of construction, and the extension of deadlines for those dates shall conform to
WAC 173-27-090 and are:
a. Construction shall be started within two years of the effective date of the
shoreline permit;
b. Construction shall be completed within five years of the effective date of
the shoreline permit;
c. A single one-year extension of the deadlines may be granted at the
discretion of the City Manager; and
d. The City Manager may set alternative permit expiration dates as a
condition of the shoreline permit if just cause exists.
6 The decision and the application materials shall be sent to Ecology after the local
decision and any local appeal procedures have been completed, pursuant to
WAC 173-27-130.
7. For Shoreline Substantial Development Permits, Ecology shall file the permit
without additional action pursuant to WAC 173-27-130.
8. For Shoreline Conditional Use permits and Variance decisions, Ecology shall
issue a decision within 30 days of the date of filing, pursuant to WAC 173-27-130
and WAC 173-27-200.
9. The appeal period to the Shorelines Hearings Board of an Ecology action shall
be 21 days from the date of filing, pursuant to WAC 173-27-190. The date of
filling shall be as follows:
a. For projects that only require a Shoreline Substantial Development
Permit: the date that Ecology actually receives a final decision by the
City.
b. For a Shoreline Conditional Use Permit or Variance: the date that
Ecology's decision on the Shoreline Conditional Use Permit or Variance is
transmitted to the applicant and the City.
c. For Substantial Development Permits simultaneously mailed with a
Shoreline Conditional Use Permit or Variance to Ecology: the date that
Ecology's decision on the Shoreline Conditional Use Permit or Variance is
transmitted to the applicant and the City.
10. The Shorelines Hearings Board will follow the rules governing that body,
pursuant to chapter 90.58 RCW.
C. Development applications shall be reviewed for conformance with SVMC 21.50.180
through 21.50.560.
21.50.060 Authorization Decisions - Basis for Action
A. Approval or denial of any development or use within the shoreline jurisdiction shall be
based upon the following:
1. Danger to life and property that would likely occur as a result of the project;
Exhibit 1: Ordinance 21-007 Page 3 of 72
2, Compatibility of the project with the critical area features on, adjacent to, or near
the property, shoreline values and ecological functions, and public access and
navigation;
3. Conformance with the applicable development standards in SVMC 21.50;
4. Requirements of other applicable local, state, or federal permits or
authorizations;
5. Adequacy of the information provided by the Applicant or available to the City
Manager; and
6. Ability of the project to satisfy the purpose and intent of the SMP.
B. Based upon the project evaluation, the City Manager shall take one of the following
actions:
1. Approve the development or use;
2. Approve the development or use with conditions, pursuant to SVMC 21.50.070;
or
3. Deny the development or use.
C. The decision by the City Manager on the development or use shall include written
findings and conclusions stating the reasons upon which the decision is based.
21.50.070 Conditions of Approval
When approving any development or use, the City Manager may impose conditions to:
A. Accomplish the purpose and intent of the SMP;
B. Eliminate or mitigate any negative impacts of the project on critical areas, and on
shoreline functions;
C. Restore important resource features that have been degraded or lost on the project site;
D. Protect designated critical areas and shoreline jurisdiction from damaging and
incompatible development; or
E. Ensure compliance with specific development standards in SVMC 21.50.
21.50.080 Prohibited Activities and Uses
The following activities and uses are prohibited in all shoreline designations and are not eligible
for a shoreline permit, including a Conditional Use or Shoreline Variance. See Table 21.50-1
and Table 21.50-2.
A. Uses not allowed in the underlying zoning district;
B. Discharge of solid wastes, liquid wastes, untreated effluents, or other potentially harmful
materials;
C. Solid waste or hazardous waste landfills;
D. Speculative fill;
E. Dredging or dredge material disposal in wetlands;
Exhibit 1: Ordinance 21-007 Page 4 of 72
F. Dredging or dredge material disposal to construct land canals or small basins for boat
moorage or launching, water ski landings, swimming holes, or other recreational
activities;
G. Commercial timber harvest or other forest practices;
H. Agriculture and aquaculture;
1. Non water-oriented Industrial Uses and Mining; and
J. The construction of breakwaters, jetties, groins, or weirs.
21.50.090 Minor Activities Allowed Without a Shoreline Permit or Letter of Exemption
The SMP applies to the following activities, however, they are allowed without a shoreline permit
or Letter of Exemption:
A. Maintenance of existing landscaping (including paths and trails) or gardens within the
shoreline, including a regulated critical area or its buffer. Examples include mowing
lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-
invasive ornamental vegetation or indigenous native species to maintain the general
condition and extent of such areas. Removing trees and shrubs within a buffer is not
considered a maintenance activity. See SVMC 21.50.260 for regulations regarding
vegetation removal. Excavation, filling, and construction of new landscaping features
are not considered a maintenance activity and may require a shoreline permit or letter of
exemption.
B. Minor maintenance and/or repair of lawfully established structures that do not involve
additional construction, earthwork, or clearing. Examples include painting, trim or facing
replacement, re-roofing, etc. Construction or replacement of structural elements is not
covered in this provision, but may be covered under an exemption in SVMC
21.50.110(B).
C. Cleaning canals, ditches, drains, wasteways, etc. without expanding their original
configuration is not considered additional earthwork, as long as the cleared materials are
placed outside the shoreline jurisdiction, wetlands, and buffers.
D. Creation of unimproved private trails that do not cross streams or wetlands and which
are less than two feet wide and do not involve placement of fill or grubbing of vegetation.
E. Planting of native vegetation.
F. Noxious weed control outside of buffers pursuant to SVMC 21.50.110(M) except for area
wide vegetation removal/grubbing.
G. Noxious weed control within vegetative buffers, if the criteria listed below is met. Control
methods not meeting these criteria may still apply for a restoration exemption, or other
authorization as applicable:
1. Hand removal/spraying of individual plants only; and
2. No area-wide vegetation removal/grubbing.
H. Pruning, thinning, or dead or hazardous tree removal pursuant to SVMC 21.50.260(C).
Exhibit 1: Ordinance 21-007 Page 5 of 72
21.50.100 Shoreline Substantial Development Permit Required
A. Classification Criteria -A Shoreline Substantial Development Permit is required for any
substantial development unless the use or development is specifically exempt pursuant
to SVMC 21.50.090 or 21.50.110.
B. Process - Shoreline Substantial Development Permits shall be processed as a Type II
review pursuant to SVMC 17.80 Permit Processing Procedures, subject to the
exceptions set forth in SVMC 21.50.050.
C. Decision Criteria -A Shoreline Substantial Development Permit may be issued when all
applicable requirements of the SMA, WAC 173-27, and the SMP have been met.
21.50.110 Exemptions from Shoreline Substantial Development Permit
The activities listed below, or as amended by RCW 90.58.030(3) and WAC 173-27-040, are
exempt from the requirement to obtain a Shoreline Substantial Development Permit. These
activities still require a letter of exemption and may require a Shoreline Conditional Use Permit,
Shoreline Variance, or other development permits from the City or other agencies.
If any part of a proposed development is not eligible for a Letter of Exemption, then a Shoreline
Substantial Development Permit is required for the entire proposed development project.
Exemptions shall be construed narrowly. Only those developments that meet the precise terms
of one or more of the listed exemptions may be granted exemptions from the Shoreline
Substantial Development Permit.
A. Any development of which the total cost or fair market value does not exceed $7,047 or
as adjusted by the State Office of Financial Management, if such development does not
materially interfere with the normal public use of the water or Shorelines of the State.
For purposes of determining whether or not a Shoreline Substantial Development Permit
is required, the total cost or fair market value shall be based on the value of
development as defined in RCW 90.58.030(3). The total cost or fair market value of the
development shall include the fair market value of any donated, contributed, or found
labor, equipment, or materials.
B. Normal maintenance or repair of existing legally-established structures or developments,
including damage by accident, fire, or elements.
1. Normal maintenance includes those usual acts to prevent a decline, lapse, or
cessation from a lawfully established condition.
2. Normal repair means 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 the
shoreline resource or environment.
3. Replacement of a structure or development may be authorized as repair where
such replacement is:
a. The common method of repair for the type of structure or development
and the replacement structure or development is comparable to the
original structure or development including but not limited to its size,
shape, configuration, location, and external appearance; and
b. The replacement does not cause substantial adverse effects to shoreline
resources or environment.
C. Construction of a normal protective bulkhead common to residential lots:
Exhibit 1: Ordinance 21-007 Page 6 of 72
1. A normal protective bulkhead includes those structural and nonstructural
developments installed at or near, and parallel to, the OHWM for the sole
purpose of protecting an existing residence and appurtenant structures from loss
or damage by erosion.
2. A normal protective bulkhead is not exempt if constructed for the purpose of
creating dry land. When a vertical or near vertical wall is being constructed or
reconstructed, not more than one cubic yard of fill per one foot of wall may be
used as backfill.
3. When an existing bulkhead is being repaired by construction of a vertical wall
fronting the existing wall, it shall be constructed no further waterward of the
existing bulkhead than is necessary for construction of new footings. When a
bulkhead has deteriorated such that an OHWM has been established by the
presence and action of water landward of the bulkhead then the replacement
bulkhead must be located at or near the actual OHWM.
4. Beach nourishment and bioengineered erosion control projects may be
considered a normal protective bulkhead when any structural elements are
consistent with the above requirements and when the project has been approved
by the Washington State Department of Fish and Wildlife (WDFW).
D. Emergency construction necessary to protect property from damage by the elements.
An "emergency" is an unanticipated and imminent threat to public health, safety, or the
environment that requires immediate action within a time too short to allow full
compliance with Chapter 21.50.
1. Emergency construction does not include development of new permanent
protective structures where none previously existed. Where new protective
structures are deemed by the Director 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 that would have been required, absent
an emergency, pursuant to chapter 90.58 RCW, WAC 173-27, or the SMP, shall
be obtained.
2. All emergency construction shall be consistent with the policies and requirements
of chapter 90.58 RCW and the SMP. As a general matter, flooding or other
seasonal events that can be anticipated and may occur but that are not imminent
are not an emergency.
E. Construction or modification of navigational aids such as channel markers and anchor
buoys.
F. Construction on shorelands by an owner, lessee, or contract purchaser of a single-family
residence or appurtenance for their own use or for the use of their family, which
residence does not exceed a height of 35 feet above average grade level, and which
meets all requirements of the City, other than requirements imposed pursuant to chapter
90.58 RCW. Construction authorized under this subsection shall be located landward of
the OHWM.
G. Construction of a dock, including a community dock, designed for pleasure craft only, for
the private non-commercial use of the owner, lessee, or contract purchaser of a single-
family or multiple-family residence. A dock is a landing and moorage facility for
watercraft and does not include recreational decks, storage facilities, or other
appurtenances. This exception applies when the fair market value of the dock does not
exceed $22,500 for docks that are constructed to replace existing docks and are of
Exhibit 1: Ordinance 21-007 Page 7 of 72
equal or lesser square footage than the existing dock being replaced; $11,200 for all
other docks; or as amended by WAC 173-27-040. However, if subsequent construction
occurs within five years of completion of the prior construction, and the combined fair
market value of the subsequent and prior construction exceeds the amounts specified in
this subsection, the subsequent construction shall be considered a substantial
development. The amounts in this subsection shall automatically be adjusted as
provided by the State Office of Financial Management.
H. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored ground water from the irrigation of lands.
The marking of property lines or corners on state-owned lands, when such marking does
not significantly interfere with normal public use of the surface of the water.
J. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed, or utilized primarily as a
part of an agricultural drainage or diking system.
K. Any project with a State Energy Facility Site Evaluation Council certification from the
governor pursuant to RCW 80.50.
L. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this chapter, if:
1. The activity does not interfere with the normal public use of surface waters;
2. The activity will have no significant adverse impact on the environment including
but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic
values;
3. The activity does not involve the installation of any structure, and upon
completion of the activity the vegetation and land configuration of the site are
restored to conditions existing before the activity; and
4. The Applicant first posts a performance surety acceptable to the City to ensure
that the site is restored to pre-existing conditions.
M. Removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through
the use of an herbicide or other treatment methods applicable to weed control published
by the Department of Agriculture or Ecology jointly with other state agencies under RCW
43.21 C.
N. Watershed restoration projects as defined in WAC 173.27.040(2)(o). The Director shall
determine if the project is substantially consistent with the SMP and notify the Applicant
of such determination by letter.
O. A public or private project that is designed to improve fish or wildlife habitat or fish
passage as reviewed by WDFW and all of the following apply:
1. The project has been approved in writing by the WDFW;
2. The project has received hydraulic project approval by the WDFW pursuant to
chapter 77.55 RCW; and
3. The Director has determined that the project is substantially consistent with the
SMP and shall notify the Applicant of such determination by letter.
Exhibit I: Ordinance 21-007 Page 8 of 72
21.50.120 Letter of Exemption
A. The proponent of an activity exempt from a Shoreline Substantial Development Permit
shall apply for a Letter of Exemption. All activities exempt from the requirement for a
Shoreline Substantial Development Permit shall use reasonable methods to avoid
impacts to critical areas within the shoreline jurisdiction. Being exempt from the
requirements for a Shoreline Substantial Development Permit does not give authority to
degrade a critical area, or shoreline, or ignore risk from natural hazards.
B. The City Manager shall review the Letter of Exemption request to verify compliance with
the SMP and shall approve or deny such Letter of Exemption.
C. If a Letter of Exemption is issued, it shall be sent to Ecology, the Applicant, and a copy
retained by the City.
D. A Letter of Exemption may contain conditions and/or mitigating conditions of approval to
achieve consistency and compliance with the provisions of the SMP and the SMA.
E. A denial of a Letter of Exemption shall be in writing and shall list the reason(s) for the
denial.
21.50.130 Shoreline Conditional Use Permit
A. Classification Criteria - Shoreline conditional uses are those uses within the shoreline
jurisdiction identified in Table 21.50-1 Shoreline Use Table, which require a Shoreline
Conditional Use Permit.
B. Unclassified uses not specifically identified in Table 21.50-1 may be authorized through
a Shoreline Conditional Use Permit, provided the Applicant can demonstrate consistency
with the requirements of SVMC 21.50.
C. Process -A Shoreline Conditional Use Permit shall be processed as a Type II review
pursuant to SVMC 17.80 Permit Processing Procedures. The City Manager shall be the
final authority for the City, whose recommendation is then forwarded to Ecology.
Ecology shall have final approval authority pursuant to WAC 173-27-200.
D. Decision Criteria -The City Manager's decision on a conditional use shall be based upon
the criteria set forth in SVMC 19.150.030 and 21.50.060 Conditions and Requirements,
together with the criteria established below. The Applicant shall demonstrate to the
satisfaction of the City Manager that the development meets all of the following criteria:
1. The use is consistent with the policies of RCW 90.58.020;
2. The use will not interfere with the normal public use of public shorelines;
3. The use of the site and design of the project is compatible with other permitted
uses in the area;
4. The use will cause no significant adverse effects to the shoreline environment
designation in which it is located; and
5. The public interest will suffer no substantial detrimental effect.
E. Consideration shall be given to the cumulative impact of additional requests for like
actions in the area. For example, if Shoreline Conditional Use Permits were granted for
other developments in the area where similar circumstances exist for similar uses and
impacts, the total cumulative effect of the conditional uses shall also remain consistent
Exhibit 1: Ordinance 21-007 Page 9 of 72
with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to
the shoreline environment.
F. The burden of proving that the project is consistent with the applicable criteria shall be
upon the Applicant.
21.50.140 Shoreline Variance
A. The purpose of a Shoreline Variance is to grant relief to specific bulk or dimensional
requirements set forth in SVMC 21.50 where extraordinary or unique circumstances
exist relating to the property such that the strict implementation of the standards would
impose unnecessary hardships on the Applicant, or thwart the policies set forth in the
SMA and the SMP.
B. When a development or use is proposed that does not meet requirements of the bulk,
dimensional, and/or performance standards of the SMP, such development may only be
authorized by approval of a Shoreline Variance, even if the development or use does not
require a Shoreline Substantial Development Permit.
C. Process - A Shoreline Variance shall be processed as a Type II review pursuant to
SVMC 17.80 Permit Processing Procedures. Each request for a Shoreline Variance
shall be considered separately and prior to any decision on a development application.
Any decision to approve or conditionally approve the development will include and
specifically cite only those variances approved for inclusion with the project.
D. When a Shoreline Variance is requested, the City Manager shall be the final authority for
the City. The City Manager's determination shall be provided to Ecology for review.
Ecology shall have final approval authority of Shoreline Variances pursuant to RCW
90.58.140(10).
E. Decision Criteria -To qualify for a Shoreline Variance, the following shall be required:
1. Demonstrate compliance with the criteria established in SVMC 21.50.060
Authorization Decisions - Basis for Action.
2. A Shoreline Variance request for a development or use located landward of the
OHWM, or landward of any wetland shall cite the specific standard or condition
from which relief is requested and be accompanied by evidence that
demonstrates the variance is consistent with all of the items below:
a. That the strict application of a standard precludes, or significantly
interferes with, reasonable use of the property;
b. That the hardship described in subsection (a) is specifically related to the
property, and is a result of unique natural or physical conditions, such as
irregular lot shape, size, or natural features which do not allow compliance
with the standard. The site constraint shall not be the result of a deed
restriction, a lack of knowledge of requirements involved when the property
was acquired, or other actions resulting from the proponent's own actions;
c. The project is generally compatible with other permitted or authorized uses
in the project area, with uses planned for the area under the
Comprehensive Plan and the SMP, and will not cause adverse impacts to
the area;
d. The requested variance would not constitute a grant of special privilege
not enjoyed by other properties in the area, and the variance is the
minimum necessary to afford the requested relief; and
Exhibit 1: Ordinance 21-007 Page 10 of 72
e. That the public interest will suffer no substantial detrimental effect.
3. A Shoreline Variance request for a development or use located waterward of the
OHWM, or within any wetland shall cite the specific standard or condition from
which relief is requested and be accompanied by evidence that demonstrates the
variance is consistent with all of the items below:
a. That the strict application of a standard would preclude all reasonable use
of the property;
b. That the proposal is consistent with the criteria established under
subsection (2)(b) through (e) of this section; and
c. That the public rights of navigation and use of the shorelines will not be
adversely affected.
4. In the granting of any Shoreline Variance, consideration shall be given to the
cumulative impact of additional requests for like variances in the area. For
example, if Shoreline Variances were granted to other developments and/or uses
in the area where similar circumstances exist, the total of the variances shall also
remain consistent with the policies of the SMA and SMP and shall not cause
substantial adverse impacts to the shoreline environment.
F. The burden of proving that a proposed variance meets the criteria of the SMP and WAC
173-27-170 shall be on the Applicant. Absence of such proof shall be a basis for denial
of the application.
21.50.150 Nonconforming Development
A. Classification Criteria —A use, structure, appurtenant structure, or lot is nonconforming if
it was legally established but is inconsistent with a subsequently adopted regulation or
regulations. Lawful uses, structures, appurtenant structures, and lots that are deemed
nonconforming are subject to the provision of this section.
B. Process and Decision Criteria
1. Decisions on projects that require review under this section shall be made
pursuant to SVMC 21.50.060 Authorization Decisions - Basis for Action and the
following criteria.
2. Legal nonconforming uses and structures shall be allowed to continue with no
additional requirements except as otherwise addressed in this section.
3. Nonconforming Uses.
a. Additional development of any property on which a nonconforming use
exists shall require that all new uses conform to the SMP.
b. Intensification or expansion of nonconforming uses that will not result in
an increase of nonconformity shall be allowed and will be processed
under these nonconforming provisions as a Type II review, pursuant to
SVMC Title 17.80 Permit Processing Procedures.
c. Change of ownership, tenancy, or management of a nonconforming use
shall not affect its nonconforming status provided that the use does not
change or intensify.
d. If a nonconforming use is converted to a conforming use, a
nonconforming use may not be resumed.
e. Conversion from one nonconforming use to another may only be
approved through a Shoreline Conditional Use Permit pursuant to SVMC
21.50.130(E) if the following additional criteria are met:
The property is located within a residential or conservancy
shoreline environment;
Exhibit 1: Ordinance 21-007 Page I I of 72
ii. The replacement use is either of a similar intensity to the previous
nonconforming use, or is more conforming with the intent of the
applicable Shoreline Environment Policies; and
iii. The impacts to the shoreline ecological functions from the existing
use are reduced by changing the use.
f. When the operation of a nonconforming use is discontinued or
abandoned for a period of 12 consecutive months, the nonconforming use
rights shall expire and the future use of such property shall meet all
current applicable regulations of the SMP.
g. If a conforming building housing a nonconforming use is damaged, the
use may be resumed at the time the building is repaired, provided a
permit application for the restoration is received by the City within 12
months following said damage.
h. Normal maintenance and repair of a structure housing a nonconforming
use may be permitted provided all work is consistent with the provisions
of the SMP.
Legally established residences are considered conforming uses.
4. Nonconforming Structures.
a. A nonconforming structure may be maintained or repaired, provided such
improvements do not increase the nonconformity of such structure and
are consistent with the remaining provisions of the SMP.
b. Alterations to legal nonconforming structures that:
Will result in an increase of nonconformity to the structures,
including expanding within the buffer, may be allowed under a
Shoreline Variance pursuant to SVMC 21.50.140; or
ii Do not increase the existing nonconformity and will otherwise
conform to all other provisions of SVMC 21.50 are allowed without
additional review.
c. A nonconforming structure that is moved any distance within the shoreline
jurisdiction shall be brought into conformance with the SMP.
d. A damaged nonconforming structure may be reconstructed or replaced,
regardless of the amount of damage if:
The rebuilt structure or portion of structure does not expand or
modify the original footprint or height of the damaged structure
unless:
(1). The expansion or modification does not increase
the degree of nonconformity with the current
regulations; and
(2). The reconstructed or restored structure will not
cause additional adverse effects to adjacent
properties or the shoreline environment;
ii. It is not relocated except to increase conformity or to increase
ecological function, in which case the structure shall be located in
the least environmentally damaging location possible;
iii. The permit application to restore the development is made within
12 months of the date the damage occurred; and
iv. Any residential structures, including multi-family structures, may
be reconstructed up to the size, placement, and density that
existed prior to the damage, so long as other provisions of the
SMP are met.
Exhibit 1: Ordinance 21-007 Page 12 of 72
5. Nonconforming Lots. Legally established nonconforming, undeveloped lots
located landward of the OHWM are buildable, provided that all new structures or
additions to structures on any nonconforming lot must meet all setback, height,
and other construction requirements of the SMP and the SMA.
21.50.160 Minor Revisions to Approved Uses or Developments
A. Classification Criteria - Minor revisions to a project that have been approved under a
shoreline permit are allowed in certain circumstances.
1. Changes that are not substantive are not required to obtain a revision and may
be allowed as part of the original shoreline permit. Examples include, but are not
limited to, minor changes in facility orientation or location, minor changes in
structural design that do not change the height or increase ground floor area, and
minor accessory structures such as equipment covers or small sheds near the
main structure.
2. Substantive changes are those that materially alter the project in a manner that
relates to its conformance with the shoreline permit and SMP requirements.
Such changes may be approved as a minor revision if:
a. The City Manager determines that the proposed revision and all previous
revisions are within the scope and intent of the original shoreline permit;
b. The use authorized with the original shoreline permit does not change;
c. The project revision does not cause additional significant adverse
environmental impacts;
d. No new structures are proposed; and
e. The criteria in SVMC 21.50.160(A)(3) are met.
3. Substantive changes shall comply with the following to be approved as a minor
revision:
a. No additional over-water construction shall be involved, except that pier,
dock, or swimming float construction may be increased by 10 percent
from the provisions of the original shoreline permit;
b. Lot coverage and height approved with the original shoreline permit may
be increased a maximum of 10 percent if the proposed revisions do not
exceed the requirements for height or lot coverage pursuant to SVMC
21.50.220 Dimensional Standards and SVMC Title 19 Zoning
Regulations; and
c. Landscaping may be added to a project without necessitating an
application for a new shoreline permit if the landscaping is consistent with
permit conditions (if any) and SVMC 21.50.
4. Substantive changes which cannot meet these requirements shall require a new
shoreline permit. Any additional shoreline permit shall be processed under the
applicable terms of this chapter.
B. Process - Requests for minor revisions to existing shoreline permits shall be processed
as a Type I review, pursuant to SVMC Title 17.80 Permit Processing Procedures.
Parties of record to the original shoreline permit shall be notified of the request for
revision, although a comment period is not required. A minor revision for a project within
shoreline jurisdiction shall follow state filing, appeal, and approval standards pursuant to
WAG 173-27-100 Revisions to Permits.
C. Decision Criteria - Decisions on minor revisions shall be pursuant to SVMC 21.50.060
Authorization Decisions— Basis for Action.
Exhibit 1; Ordinance 21-007 Page 13 of 72
21.50.170 Enforcement
A. Enforcement of the SMP, including the provisions of SVMC 21.50, shall be pursuant to
SVMC 17.100. Nothing herein or within SVMC 17.100 shall be construed to require
enforcement of the SMP and SVMC 21.50 in a particular manner or to restrict the
discretion of the City Manager in determining how and when to enforce the SMP and
SVMC 21.50; provided all enforcement shall be consistent with the policies of the SMP
and SVMC 21.50.
B. Upon a determination that a violation of the SMP, including SVMC 21.50, has occurred,
no further development may be authorized unless and until compliance with any
applicable shoreline and development permit or process conditions and requirements of
SVMC 21.50 have been achieved to the satisfaction of the City Manager.
C. For violations affecting a critical area, the party(s) responsible for the violation and the
owner shall meet the following minimum performance standards to achieve the
restoration requirements, as applicable:
1. A restoration plan shall be prepared and address the following:
a. Restoration of historical structural and functional values, including water
quality and habitat functions;
b. Ensure that replacement soils will be viable for planting and will not create
a less fertile growing conditions;
c. Replacement of native vegetation within the critical area, and buffers with
native vegetation that replicates the vegetation historically found on the
site in species types, sizes, and densities;
d. Replication of the historic functions and values at the location of the
alteration;
e. Annual performance monitoring reports demonstrating compliance with
mitigation plan requirements shall be submitted for a minimum two-year
period; and
f. As-built drawings and other information demonstrating compliance with
other applicable provisions of the SMP shall be submitted.
2. The following additional performance standards shall be met for restoration of
frequently flooded areas and geological hazards and be included in the
restoration plan:
a. The hazard shall be reduced to a level equal to, or less than, the pre-
development hazard;
b. Any risk of personal injury resulting from the alteration shall be eliminated;
and
c. The hazard area and buffers shall be replanted with native vegetation
sufficient to minimize the hazard.
3. The City Manager may, at the violator's expense, consult with a Qualified
Professional to determine if the plan meets the requirements of the SMP.
Inadequate plans shall be returned to the violator for revision and resubmittal.
Article ll. Shoreline Regulations
21.50.180 General provisions
A. General Regulations.
1. Regulations in SVMC 21.50.180 through 21.50.290 are in addition to the specific
use regulations in SVMC 21.50.300 through 21.50.450 and other adopted rules,
Exhibit 1: Ordinance 21-007 Page 14 of 72
including but not limited to the Spokane Valley Municipal Code, the Spokane
Valley Comprehensive Plan, the Spokane Valley Street Standards, and the
Spokane Regional Stormwater Manual, as adopted or amended.
2. All permitted and exempt projects within the shoreline jurisdiction shall ensure
that the no net loss of ecological functions standard is met. SVMC 21.50.210 No
Net Loss and Mitigation Sequencing and SVMC 21.50.260 Shoreline Vegetation
Conservation contain appropriate methods to achieve no net loss of shoreline
ecological function. The City may also condition project dimensions, location of
project components on the site, intensity of use, screening, parking requirements,
and setbacks, as deemed appropriate.
3. All shoreline uses and modifications shall obtain all necessary permits from the
appropriate local, state, and federal agencies and shall operate in compliance
with all permit requirements.
4. Deviations from regulations may be granted through a Shoreline Variance, which
requires approval by both the City and Ecology. Shoreline modifications listed in
Table 21.50-2 as "prohibited" are not eligible for consideration as a Shoreline
Variance.
5. New projects, including the subdivision of land and related construction of single-
family residences, are prohibited when the use or development requires
structural flood hazard reduction or other structural stabilization measures within
the shoreline to support the proposed or future development.
6. When a proposal contains two or more use activities, including accessory uses,
the most restrictive use category shall apply to the entire proposal.
7. Structures, uses, and activities shall be designed and managed to minimize
blocking, reducing, or adversely interfering with the public's visual access to the
water and the shorelines from public lands which are within the shoreline
jurisdiction and excluding public roads.
8. Structures and sites shall be designed with landscaping, vegetated buffers,
exterior materials, and lighting that are aesthetically compatible with the shoreline
environment.
9. When a study is required to comply with SVMC 21.50, it shall be performed by
Qualified Professional registered in the State of Washington.
10. All clearing and grading activities shall comply with SVMC 24.50 Land Disturbing
Activities. Adherence to the following is required during project construction:
a. Materials adequate to immediately correct emergency erosion situations
shall be maintained on site;
b. All debris, overburden, and other waste materials from construction shall
be disposed of in such a manner so as to prevent their entry into a water
body. Such materials from construction shall not be stored or disposed of
on or adjacent to Shorelines of the State;
c. The shoreline buffer shall be clearly marked on the ground prior to and
during construction activities to avoid impacts to the buffer; and
d. Infrastructure used in, on, or over the water shall be constructed using
materials that do not contaminate the water or interfere with navigation.
B. The City may consult with agencies with expertise or jurisdiction over the resources
during the review of any permit or process to assist with analysis and identification of
appropriate performance measures that adequately safeguard shoreline and critical
areas.
Exhibit I: Ordinance 21-007 Page 15 of 72
C. The City Manager may consult with a Qualified Professional to review a critical areas
report when City staff lack the resources or expertise to review these materials. The City
may require the Applicant to pay for or reimburse the City for the consultant fees.
21.50.190 Shoreline Uses Table
A. Uses and activities are categorized within each shoreline environment as allowed,
permitted, conditional use, or prohibited, as defined in this section. This priority system
determines the applicable permit or process, administrative requirements, and allows
activities that are compatible with each shoreline designation. Procedures and criteria
for obtaining a Shoreline Substantial Development Permit, Letter of Exemption,
Shoreline Conditional Use Permit, and Shoreline Variance are set forth in SVMC
21.50.040. These uses shall also meet the requirements of SVMC Title 19 Zoning
Regulations,
B. The following terms shall be used in conjunction with Shoreline Use and Modification
Tables provided in SVMC 21.50.190 and SVMC 21.50.200.
Allowed Use: These are uses that are exempt from the shoreline permit review process
and do not require submittal of a Shoreline Substantial Development Permit or
Letter of Exemption application. Projects or uses shall be reviewed to ensure
that all requirements contained in SVMC 21.50 are met Building permit
applications or site plans are the general method of review.
Permitted Use: These are uses which are preferable and meet the policies of the
particular shoreline environment designation. They require submittal of a
Shoreline Substantial Development Permit or a Letter of Exemption application.
An exemption is subject to an administrative approval process; a Shoreline
Substantial Development Permit requires public notice, comment periods, and
filing with Ecology.
Conditional Use: A Shoreline Conditional Use Permit is intended to allow for flexibility
and the exercise of judgment in the application of regulations in a manner
consistent with the policies of the SMA and the SMP.
Prohibited: These are uses which are viewed as inconsistent with the definition, policies,
or intent of the shoreline environmental designation. For the purposes of the
SMP, these uses are considered inappropriate and are not authorized under any
permit or process.
Table 21,50-1 - Shoreline Uses, below, shall be used to determine the permit or process
required for specific shoreline uses and activities within the shoreline jurisdiction.
Exhibit 1: Ordinance 21-007 Page 16 of 72
Table 21.50-1: Shoreline Uses
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Agricultural Activities
Aquaculture
Boating Facilities (Including
launches, ramps, public/commercial
docks, and private docks serving more
than four residences)
N/A P C 1
Commercial Use -
Water-dependent P2 P2 C
Water-related and water-enjoyment P2 P2 P2 C
Non water-oriented P2 3
Forest Practices
Industrial Use
Water-dependent I P C
Water-related and water-enjoyment P
Non water-oriented P3
In-stream Structures
As part of a fish habitat
enhancement project N/A P P P P
Other N/A P P P
Mining
Parking Facilities
As a primary use
As an accessory/secondary use P P P C
Recreational Use
Water-dependent P P P P P
Water-related and water-enjoyment P P P P P
Non water-oriented P P P C4 C
Trails and walkways P P P C5 P
Residential Use
Single-family A A A A
Single-family residential
accessory uses and structures A A A A
Multi-family P P P
Private docks serving one to four
single-family residences N/A P P P
Accessory Dwelling Units A A A A
Exhibit 1: Ordinance 21-007 Page 17 of 72
Transportation Facilities _
New circulation routes related to
permitted shoreline activities P P C C
Expansion of existing
circulation systems P P P P
New, reconstructed, or maintenance of
bridges, trail, or rail crossings P P P P P
Public Facilities and Utilities _
Public facilities C C C C
Utilities and utility crossings C C C C C
Routine maintenance of existing
utility corridor and infrastructure A6 A6 A6 P7 A6
KEY: A= Allowed P= Permitted C= Conditional Use Blank Prohibited N/A= Not
Applicable
Notes:
1 For Boating Facilities within the aquatic environment, the adjacent upland environment as set
forth on the City Environment Designation Map shall govern (i,e., if the aquatic environment is
adjacent to Shoreline Residential -Waterfront designated shorelines, the use would be
permitted).
2 Commercial uses are allowed in the Shoreline Residential - Upland, Shoreline Residential -
Waterfront and Urban Conservancy Environments only if the underlying zoning of the property is
Mixed Use Center.
3 Permitted only if the applicable criteria in SVMC 21.50.320(B)(1) or 21.50.330(B)(1) are met.
4 Non water-oriented recreation uses are prohibited in Urban Conservation - High Quality
Shorelines except limited public uses that have minimal or low impact on shoreline ecological
functions, such as the Centennial Trail and appropriately-scaled day use areas which may be
allowed through a Conditional Use Permit.
'Modifications, improvements, or additions to the Centennial Trail are permitted in the Urban
Conservancy - High Quality Environment.
6 A Letter of Exemption is required if the maintenance activity involves any ground disturbing
activity.
7A Letter of Exemption is required.
21.50.200 Shoreline Modification Activities Table
Table 21.50-2, Shoreline Modification Activities, below, shall be used to determine whether a
specific shoreline modification is allowed in a shoreline environment. Shoreline modifications may
be permitted, approved as a conditional use, or prohibited, pursuant to SVMC 21.50.190.
Shoreline modifications shall also meet the requirements of SVMC Title 19 Zoning Regulations.
Exhibit 1: Ordinance 21-007 Page 18 of 72
Table 21.50-2: Shoreline Modification Activities
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Shoreline/Slope Stabilization
Structural, such as bulkheads P P _
Nonstructural, such as soil
bioengineering P P P
Piers and Docks
Piers N/A P C
Viewing Platforms P P P
Docks N/A P C 1
Dredging and Fill
Dredging C C C _ C
Fill C C C C
Shoreline Habitat and Natural
Systems Enhancement Projects P P P P P
Groins and Weirs N/A C C C
KEY: P= Permitted C= Conditional Use Blank= Prohibited N/A= Not Applicable
For these uses within the aquatic environment, the adjacent upland environment as set forth
on the Environment Designation Map shall govern (i.e., if the aquatic environment is adjacent to
Shoreline Residential - Waterfront designated shorelines, "hard" shoreline stabilization
measures would be allowed by Shoreline Substantial Development Permit).
21.50.210 No Net Loss and Mitigation Sequencing
A. Applicability. This section applies to all shoreline activities, uses, development, and
modifications, including those that are exempt from a Shoreline Substantial
Development Permit.
B. Standards.
1. All projects shall result in no net loss of shoreline ecological functions. The
requirement for no net loss may be met through project design, construction, and
operations. Additionally, this standard may be achieved by following the
mitigation sequencing pursuant to SVMC 21.50.210(B)(4) and SVMC 21.50.260
Shoreline Vegetation Conservation. The City may condition project dimensions,
location of project components on the site, intensity of use, screening, parking
requirements, and setbacks, as deemed appropriate to achieve no net loss of
shoreline ecological function.
2. Required mitigation shall not exceed the level necessary to ensure that the
proposed use or development will ensure no net loss of shoreline ecological
functions.
3. Mitigation sequencing pursuant to SVMC 21.50.210(B)(4) is required when
specified in these regulations or for projects that:
Exhibit 1: Ordinance 21-007 Page 79 of 72
a. Involve shoreline modifications;
b. Request a buffer or setback reduction pursuant to SVMC 21.50.230
Shoreline Buffers and Building Setbacks;
c. Are located within a wetland or its buffer; or
d. Will have significant probable adverse environmental impacts that must
be avoided or mitigated.
4. Mitigation measures shall be applied in the following order:
a. Avoid the impact altogether by not taking a certain action or parts of an
action;
b. Minimize impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology;
c. Rectify the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reduce or eliminate the impact over time by preservation and
maintenance operations;
e. Compensate for the impact by replacing, enhancing, or providing
substitute resources or environments; and
f. Monitor the impact and the compensation projects and take appropriate
corrective measures, as needed.
21.50.220 Height Limit Standards
A. Applicability. This section applies to all new or redeveloped primary and residential
accessory structures.
B. Standards.
1. The maximum height limit for all new or redeveloped primary structures shall be
35 feet.
2. The maximum height limit for single-family residential accessory or appurtenant
structures shall be 25 feet.
3. These height limit standards may be altered through a Shoreline Variance
pursuant to SVMC 21.50.140.
21.50.230 Shoreline Buffers and Building Setbacks
A. Applicability. This section applies to all new construction, new and expanded uses, and
modifications. Shoreline buffers are shown on the City Shoreline Buffer Map in
Appendix A-2 Shoreline Buffers.
B. Standards.
1. Unless otherwise specified in SVMC 21.50, buffers shall be maintained in
predominantly natural, undisturbed, undeveloped, and vegetated condition.
2. The shoreline buffer shall be clearly marked on the ground prior to and during
construction activities to avoid impacts to the buffer.
3. Shoreline buffers for new and expanded uses may be reduced up to 25 percent
by the City Manager if the buffer widths have not been reduced or modified by
any other prior action and one or more of the following conditions apply:
a. Adherence of the buffer width would not allow reasonable use;
b. The buffer contains variations in sensitivity to ecological impacts due to
existing physical characteristics; i.e. the buffer varies in slope, soils, or
vegetation. This shall be supported by a Habitat Management Plan
developed in conformance with SVMC 21.50.540(F)(1)(b); or
Exhibit 1: Ordinance 21-007 Page 20 of 72
c. Where shoreline restoration is proposed consistent with the City's
Restoration Plan.
4. Building Setback from the shoreline buffer shall be as shown in Table 21.50-3:
Table 21.50-3 Buffer Building Setbacks
Environment Urban Urban Shoreline Shoreline
Conservancy Conservancy — Residential - Residential -
High Quality Upland Waterfront
Setback 10 foot 15 foot 0 foot 0 foot
' A 15-foot building setback from the shoreline buffer shall be required for any
subdivision, binding site plan, or planned residential development in the
Shoreline Residential — Upland and Shoreline Residential --Waterfront
designations.
a. Front, rear, and side setbacks and lot coverage shall conform to the
SVMC Title 19, Zoning Regulations.
21.50.240 Flood Hazard Reduction
A. Applicability. This section applies to development proposals:
1, Intended to reduce flood damage or hazard;
2. To construct temporary or permanent shoreline modifications or structures within
the regulated floodplains or floodways; or
3. That may increase flood hazards.
B. Standards.
1. All proposals shall conform to SVMC 21.30 Floodplain Regulation, SVMC
21.50.340, In-stream Structures and SVMC 21.50.410 Shoreline Modifications.
2. The following uses and activities may be allowed within the floodplain or
floodway:
a. Actions or projects that protect or restore the ecosystem-wide processes
and/or ecological functions;
b. New bridges, utility lines, and other public utility and transportation
structures, with appropriate mitigation, where no other feasible alternative
exists;
c. Repair and maintenance of an existing legal structure, utility corridor, or
transportation structure, provided that such actions do not increase flood
hazards to other uses;
d. Modifications, expansions, or additions to an existing legal use; and
e. Measures to reduce shoreline erosion.
3. Natural in-stream features such as snags, uprooted trees, or stumps shall be left
in place unless an engineered assessment demonstrates that they are causing
bank erosion or higher flood stages.
21.50.250 Public Access
A. Applicability. This section applies to all new projects by public and private entities.
B. Standards.
1. Public access shall be consistent with the City's SMP Public Access Plan.
Exhibit 1: Ordinance 21-007 Page 21 of 72
2. Public access may only be required as a condition of approval of a Shoreline
Substantial Development Permit or Conditional Use Permit to the extent allowed
by law and in a manner consistent with the City's Public Access Plan, and only in
the following circumstances:
a. The use or development is a public project; or
b. The project is a private use or development and one of the following
conditions exists:
The project impacts, interferes with, blocks, discourages, or
eliminates existing access;
ii. The project increases or creates demand for public access that is
not met by existing opportunities or facilities; or
iii. The project impacts or interferes with public use of waters subject
to the Public Trust Doctrine.
3. Public access shall not be required for activities qualifying for a letter of
exemption or new single-family residential development of four or fewer units.
4. All developments, including shoreline permits or letter of exemption applications,
which require or propose public access shall include a narrative that identifies:
a. Impacts to existing access, including encroachment, increased traffic, and
added populations;
b. The access needs of the development consistent with those described for
similar projects in the Public Access Plan, Section Four; and
c. The proposed location, type, and size of the public access.
5. When public access is required pursuant to SVMC 21.50,250(B)(2)(b), the City
shall impose permit conditions requiring public access that are roughly
proportional to the impacts caused or the demand created by the proposed use
or development.
6. Prior to requiring public access as a condition of approval of any shoreline permit
or letter of exemption pursuant to SVMC 21.50.250(B)(2)(b), the City Manager
shall determine and make written findings of fact stating that the use or
development satisfies any of the conditions in SVMC 21.50,250(B)(2)(b) and that
any public access required is roughly proportional to the impacts caused or the
demand created by the proposed use or development.
7. When public access is required or proposed, the following shall apply:
a. Mitigation sequencing shall be required to mitigate adverse impacts
resulting from the public access.
b. Visual access to the shoreline may be established if any vegetation
removal is pursuant to SVMC 21.50.260 Shoreline Vegetation
Conservation.
c. Public access sites shall be connected to the nearest public street or
other public access point.
d. Future trails on private property, including trail extensions and new
access points, shall incorporate enhancement and restoration measures
and be contained within a recorded easement.
e, Required public access sites shall be fully developed and available for
public use at the time of occupancy or use of the project or activity.
f. Public and private entities may establish user regulations, including hours
of operation, usage by animals or motorized vehicles, and prohibited
activities, such as camping, open fires, or skateboarding. Such
restrictions may be approved by the City Manager as part of the permit
review process.
Exhibit 1: Ordinance 21-007 Page 22 of 72
g. Public access improvements shall include provisions for disabled and
physically impaired persons where reasonably feasible.
h. Signage associated with public access shall be pursuant to SVMC
21.50.380 Signs and Outdoor Lighting, and SVMC 22.110 Sign
Regulations.
21.50.260 Shoreline Vegetation Conservation
A. Applicability. Vegetation conservation measures are required for all projects that
propose vegetation removal.
B. Standards.
1. A vegetation management plan shall be submitted for projects that propose to
remove either of the following within the shoreline jurisdiction:
a, One or more mature native trees greater than 12 inches in diameter at
chest height; or
b. More than 10 square feet of native shrubs and/or native ground cover at
any one time by clearing, grading, cutting, burning, chemical means, or
other activities.
2. When required, a vegetation management plan shall contain the following:
a. A site plan showing:
The distribution of existing plant communities in the area proposed
for clearing and/or grading;
ii. Areas to be preserved;
iii. Areas to be cleared; and
iv. Trees to be removed.
b. A description of the vegetative condition of the site that addresses the
following:
Plant species;
ii. Plant density;
iii. Any natural or man-made disturbances;
iv. Overhanging vegetation;
v. The functions served by the existing plant community (e.g., fish
and wildlife habitat values, slope stabilization); and
vi. The presence and distribution of noxious weeds.
c. A landscape plan showing:
Proposed landscaping, including the species, distribution, and
density of plants; the plan should be pursuant to SVMC
21.50.260(B)(3)(b), if applicable; and
ii. Any pathways or non-vegetated portions, and the materials
proposed.
3. Projects that propose to remove native vegetation within a shoreline buffer shall
meet the following standards:
a. The Applicant must demonstrate to the City Manager's satisfaction that
the proposed vegetation removal is consistent with SVMC 21.50.210 No
Net Loss and Mitigation Sequencing, and that avoidance is not feasible;
b. Vegetation shall be replaced per the following:
1:1 area ratio for herbaceous vegetation;
ii. 2:1 stem ratio for shrubs and saplings; and
iii. 3:1 ratio for trees greater than 12 inches diameter at breast height
or 2:1 ratio if tree stock is five years old or greater. For native
Exhibit I: Ordinance 21-007 Page 23 of 72
trees greater than 16 inches diameter at breast height,
replacement tree stock shall be at least five years old;
c. All removed native plants shall be replaced with native vegetation;
removed ornamental plants may be replaced with similar species;
d. Applicant shall submit a vegetation management plan consistent with
SVMC 21.50.260(B)(2) that demonstrates compliance with the standards
of SVMC 21.50.260(B)(3); and
e. Projects that propose a pathway or trail in the shoreline buffer shall meet
the additional following standards:
Pathways and trails that are roughly parallel to the OHWM may be
allowed if:
(1) It is a public non-motorized multi-use equestrian or
pedestrian/bike trail;
(2) It is located at the landward edge of the shoreline buffer
with the following exceptions:
(a) When physical constraints, public safety concerns,
or public ownership limitations merit otherwise; or
(b) When the trail will make use of an existing
constructed grade such as those formed by an
abandoned rail grade, road, or utility.
ii. Pathways, trails, and river crossings that are perpendicular to the
water, and lead to the OHWM, shall be sited in a location that has
the least impact to shoreline ecological functions with mitigation
sequencing pursuant to SVMC 21.50.210. Previously altered or
disturbed locations shall be preferred.
iii. All pathways and trails shall be located, constructed, and
maintained so as to avoid, to the maximum extent possible,
removal and other impacts to perennial native vegetation,
including trees, standing snags, forbs, grasses, and shrubs,
consistent with the vegetation management plan.
iv. Alternatives to impervious paving should be considered and are
encouraged.
v. Total trail width, inclusive of shoulders, shall be the minimum
width necessary to achieve the intended use and shall not exceed
14 feet.
vi. Disturbed areas (outside of the designated trail and trail
shoulders) shall be re-vegetated with native vegetation consistent
with the vegetation management plan.
vii. Public, non-motorized multi-use equestrian pedestrian/bike trails
shall only be allowed in the shoreline buffer for the Urban
Conservancy-High Quality environment designation to connect to
or from (in phases or otherwise) an existing regional multi-use
non-motorized trail and only pursuant to SVMC 21.50.260(B).
viii. Encroachments in the buffer allowed by the exceptions listed
above shall be the minimum necessary to provide for the
permitted use.
4. A performance surety may be required as a condition of shoreline permit
approval to ensure compliance with the SMP. The performance surety shall be
substantially in the same form and for the same coverage as provided for in the
City's Street Standards as adopted or amended.
Exhibit 1: Ordinance 21-007 Page 24 of 72
5. Projects that require a critical areas report pursuant to SVMC 21.50.490 shall
incorporate any specific vegetation conservation measures identified in the
critical areas reports for the identified critical areas. Any application of
pesticides, herbicides, fertilizers, or other chemicals proposed in conjunction with
the vegetation removal or management activities shall be addressed by the
report.
C. Minor vegetation conservation activities allowed without a shoreline permit or letter of
exemption.
1. Pruning and thinning of trees or vegetation on public or private land for
maintenance, safety, forest health, and view protection if the criteria listed below
are met:
a. No native vegetation is removed, including thinning;
b. Pruning of native vegetation shall not exceed 30 percent of a tree's limbs.
Tree topping shall not occur;
c. Native shrubs shall not be pruned to a height less than six feet;
d. Pruning any vegetation waterward of the OHWM is prohibited; and
e. Pruning of any vegetation and thinning activities associated with non-
native plants shall ensure the continued survival of vegetation.
Whenever possible, pruning and thinning activities conducted to maintain or
create views shall be limited to areas dominated with non-native vegetation and
invasive species. Pruning and thinning on public land to establish a view for
adjacent properties shall be prohibited unless written approval from the
Washington State Parks Riverside Area Manager is given.
2. Pruning and thinning within a utility corridor by the utility service provider of both
native and non-native trees and vegetation shall be allowed when the following
criteria are met:
a. Reasonable measures to reduce the adverse effects of the activity are
implemented; and
b. No net loss of buffer functions and values occur.
3. Dead or hazardous trees within the shoreline buffer that pose a threat to public
safety or a risk of damage to private or public property may be removed if a letter
from a certified arborist or Qualified Professional is submitted that confirms the
tree is dead or is hazardous and includes:
a. Removal techniques;
b. Procedures for protecting the surrounding area; and
c. Replacement of native trees, if applicable. Where possible, hazard trees
within the shoreline buffer shall be turned into snags.
21.50.270 Water Quality, Stormwater, and Non-Point Pollution
A. Applicability. This section applies to all projects that add any pollution-generating
impervious surfaces. This standard supersedes the regulatory threshold specified in the
Spokane Regional Stormwater Manual, which is applicable outside the shoreline
jurisdiction.
B. Regulations.
1. All activities shall comply with the SVMC 22.150 Stormwater Management
Regulations, the Environmental Protection Agency's Underground Injection
Control program, the Eastern Washington Phase it Municipal Stormwater Permit
requirements, applicable total maximum daily loads laws and regulations, and
other water cleanup plans.
Exhibit I: Ordinance 21-007 Page 25 of 72
2. Use of chemicals for commercial or industrial activities shall be pursuant to
SVMC 21.50.530(C).
3. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25
feet of a water body, except by a Qualified Professional in accordance with state
and federal laws.
21.50.280 Archaeological and Historic Resources
A. Applicability. This section applies to:
1. Projects with archaeological and historic resources on site that are either
recorded at the Washington State Department of Archeology and Historic
Preservation (DAHP), or Spokane County;
2. Projects where archaeological and historical resources have been inadvertently
uncovered; or
3. Permit applications that contain a ground-disturbing component.
B. Standards.
1. Archaeological sites are subject to chapter 27.44 RCW Indian Graves and
Records and chapter 27.53 RCW Archaeological Sites and Records.
Development or uses that may impact such sites shall comply with WAC 25-48
as well as the regulations of this section,
2. A cultural resources site survey or assessment prepared by a Qualified
Professional is required for all shoreline permit applications that contain a
ground-disturbing component if the proposal meets the criteria below, which may
be determined through review of Spokane County and/or DAHP resources:
a. The project is on property known to contain archaeological, historic, or
cultural resources; or
b. The project is in an area mapped as having the potential for the presence
of archaeological, historic, or cultural resources.
3. When required, the cultural resources site survey or assessment shall:
a. Use standard procedures and methods to assess the potential for
presence of archaeological, historic, or cultural resources that could be
impacted by the project;
b. Provide appropriate recommendations for protecting and preserving the
archaeological, historical, or cultural resources;
c, Make an inventory of buildings or structures over 50 years in age located
within the project area in a DAHP Historic Property Inventory Database
entry; and
d. Record archaeological sites located within the project area on DAHP
Archaeological Site Inventory Forms.
4. When required, the cultural resources site survey or assessment shall be
circulated to DAHP and affected tribe(s). The City Manager shall consider
comments from DAHP and affected tribe(s) prior to approval of the survey or
assessment. Based on the cultural resources site survey or assessment, the
application may be conditioned to ensure that such resources are protected.
5. if archaeological, historic, or cultural resources are inadvertently discovered or
uncovered during excavation, the Applicant shall immediately stop work on that
portion of the project site and notify the City. The Applicant may be required to
prepare a cultural resources site survey or assessment pursuant to SVMC
21.50.280(B)(3), after coordinating with DAHP.
Exhibit 1: Ordinance 21-007 Page 26 of 72
21.50.290 Gravel Pits
A. Applicability. This section applies to existing and active gravel pit operations including
but not limited to known gravel pits located at 2010 North Sullivan Road and 220 North
Thierman Road.
B. Standards. Active gravel pits are not regulated as Shorelines of the State until
reclamation is complete and the Washington State Department of Natural Resources
terminates the Surface Mine Reclamation Permit. Proposed subsequent use of mined
property shall be consistent with the provisions of the Urban Conservancy Environment
unless a different environmental designation is established through an amendment
pursuant to WAC 173-26-201.
21.50.300 Specific Shoreline Use Regulations
Applicability. The regulations in SVMC 21.50.300 through 21.50.450 apply to specific common
uses and types of development to the extent they occur within the shoreline jurisdiction.
21.50.310 Boating Facilities
A. Applicability. This section applies to new and existing boating facilities.
B. Standards.
1. Boating facilities shall:
a. Be allowed only for water-dependent uses or for public access;
b. Be limited to the minimum size and height necessary to achieve the
intended purpose of the facility; and
c. Incorporate measures for cleanup of accidental spills of contaminants.
2. Public boating facilities shall be located only at sites identified in the Public
Access Plan.
3. All new boating facilities shall incorporate public access when required by the
Public Access Plan and SVMC 21.50.250 herein.
4. New launch ramps shall be approved only if public access is provided to public
waters which are not adequately served by existing access facilities because of
location or capacity. Documentation of need shall be required from the Applicant
prior to approval pursuant to SVMC 21.50.250 Public Access.
5. Existing boating facilities may be maintained and repaired pursuant to SVMC
21.50, provided the size is not increased.
6. In addition to the regulations above, boating facilities shall comply with SVMC
21.50.320 Commercial Use, SMVC 21.50.360 Recreational Development and
Use, and SVMC 21.50.430 Piers and Docks, as applicable.
21.50.320 Commercial Use
A. Applicability. This section applies to all commercial uses.
B. Standards.
1. New non water-oriented commercial uses shall be prohibited, except within the
Urban Conservancy Environment, where such uses may be permitted if:
a. The use is part of a mixed-use project that includes water-dependent
uses; and
b. Provides a significant public benefit, such as public access or ecological
restoration; or
The site is physically separated from the shoreline by another parcel or
public right-of-way.
Exhibit I: Ordinance 21-007 Page 27 of 72
2. New commercial uses shall comply with the following criteria:
a. Windows, breezeways, and common areas should be oriented towards
the shoreline or recreational amenities on the site;
b. Buildings should provide at least one main entry that orients toward the
shoreline, not including a service entry;
c. Architectural features that reduce scale shall be incorporated, such as
pitched roofs, offsets, angled facets, and recesses;
d. Building surfaces on or adjacent to the water shall employ materials that
minimize reflected light;
e. Building mechanical equipment, noise generating systems, vents, utility
cabinets, and small scale service elements shall be incorporated into
building architectural features, such as pitched roofs. Where it is not
possible to incorporate into architectural features, a landscaping screen
consistent with SVMC 22,70.030(C) shall be utilized;
f. Screening and buffering, or other visual screen consistent with the
building exterior material and colors, shall be provided that conceals view
of such equipment from the shoreline;
g. Commercial uses shall be screened from any adjacent residential uses by
providing a Type I-Full Screening Buffer pursuant to SVMC 22.70
Fencing, Screening, and Landscaping;
h. Landscaping within the shoreline setback area shall incorporate native
plant materials;
Loading docks and maintenance facilities shall be located away from the
shoreline to minimize visual, noise, or physical impacts on the site, street,
adjacent public open spaces, and adjacent properties; and
j. A site plan and landscaping plan shall be submitted showing all the
applicable items listed in SVMC 21.50.320(B)(2).
3. Commercial wireless communication facilities shall not be allowed within the
shoreline jurisdiction.
4. Home occupations shall be allowed within the Shoreline Residential - Upland and
Shoreline Residential -Waterfront designations pursuant to SVMC 19.40.140
Home Occupations.
21.50.330 Industrial Use
A. Applicability. This section applies to all new Industrial uses, including uses involved in
processing, manufacturing, assembly, and storage of finished or semi-finished goods
and food products.
B. Standards.
1. New non water-oriented industrial uses shall be prohibited, except within the
Urban Conservancy Environment, where such uses may be permitted if the use
is part of a mixed-use project that includes water-dependent use and:
a. Provides a significant public benefit such as providing public access and
ecological restoration; or
b. The site is physically separated from the shoreline by another parcel or
public right-of-way.
2. Industrial development shall be located, designed, constructed, and operated to
avoid visual impacts to users of the Spokane River and Centennial Trail.
3. New industrial uses shall comply with the requirements of SVMC 21.50.320(B)(2)
and (3).
Exhibit 1: Ordinance 21-007 Page 28 of 72
4. Noise associated with operations or equipment, including volume, repetitive
sound, or beat, shall be muffled or otherwise controlled so that it is not audible at
a distance over 30 feet from the landward boundary of a buffer.
21.50.340 In-Stream Structures
A. Applicability. This section applies to all projects proposing in-stream structures.
B. Standards.
1. In-stream structures shall conform with the requirements of the U.S. Army Corps
of Engineers, WDFW, SVMC 21.50.240 Flood Hazard Reduction, SVMC
21.50.270 Water Quality, Stormwater and Non-Point Pollution, SVMC 21.50.410
General Regulations for Specific Shoreline Modifications, and any other
applicable federal, state, and local requirements.
2. In-stream structures shall provide for the protection and preservation of
ecosystem-wide processes, ecological functions, and cultural resources pursuant
to WAC 173-26-241(3)(g).
21.50.350 Parking Facilities
A. Applicability. This section applies to all new parking facilities.
B. Regulations.
1. A parking facility is permitted only if:
a. It directly serves a permitted shoreline use, including the Centennial Trail,
direct river access, and use areas; and
b. It is not the primary use; for example, it cannot be a stand-alone parking
facility.
2. Parking facilities serving individual buildings within the shoreline jurisdiction shall
be located:
a. Landward from the principal building being served; or
b. Within or beneath a structure.
3. Parking facilities shall be screened from the shoreline and less intense adjacent
land uses by providing a Type I - Full Screening Buffer pursuant to SVMC
22.70.030(B) Fencing, Screening, and Landscaping. A majority of the plant
materials proposed to meet the vegetation mix requirements shall be native
plants.
4. Parking shall be pursuant to SVMC 22.50 Off-Street Parking and Loading
Standards.
5. Private projects, excluding single-family residential projects, which include public
access features shall dedicate parking stalls for public use that are in addition to
the number of parking stalls necessary to serve the proposed development
pursuant to SVMC 22.50 Off-Street Parking and Loading Standards:
a. Projects shall provide and dedicate additional parking for public use.
Applicants shall either use a presumptive standard of one additional
space for public parking for every 25 parking spaces required to serve the
proposed development or provide an assessment of public access need
which supports a different ratio. Any proposal to change from this
presumptive standard shall be approved by the City Manager, which
approval shall be based upon the unique factual circumstances of the
development and surrounding shoreline uses;
b. Spaces that are dedicated for public use shall be marked with appropriate
signage; and
Exhibit 1: Ordinance 21-007 Page 29 of 72
c. Stalls dedicated for public use shall be near the public access point.
21.50.360 Recreational Development and Use
A. Applicability. This section applies to public and commercial shoreline recreational
facilities and uses, including but not limited to trails, viewing platforms, swimming areas,
boating facilities, docks, and piers.
B. Standards.
1. Non water-oriented recreation uses are prohibited in Urban Conservation - High
Quality Shorelines except limited public uses that have minimal or low impact on
shoreline ecological functions, such as the Centennial Trail and appropriately-
scaled day use areas.
2. Water-oriented recreational structures, limited to boat launches, ramps, public
docks or piers, commercial docks or piers, and private docks serving more than
four residences may be allowed waterward of the shoreline buffer and setback.
3. Water-oriented recreational structures, limited to access routes, boat and
equipment storage, viewing platforms, amenities such as benches, picnic tables
and similar facilities for water enjoyment uses, including those related to the
Centennial Trail shall be allowed within the shoreline buffer and setback area
provided:
a. Structures are located outside of an Urban Conservancy - High Quality
area;
b. Structures are not located in, on, or over water; and
c. Structure height limit is less than 15 feet.
4. All recreational development shall provide:
a. Non-motorized and pedestrian access to the shoreline pursuant to SVMC
21.50.250 Public Access;
b. Landscaping, fencing, or signage designed to prevent trespassing onto
adjacent properties;
c. Signs indicating public right of access to shoreline areas, installed and
maintained in conspicuous locations at the point of access and the
entrance; and
d. Buffering of such development and uses from incompatible adjacent land
uses pursuant to SVMC 22.70,030 Screening and Buffering, and Table
22.70-2 - Buffers Required by Type, as applicable.
5. Recreational development and uses shall be pursuant to SVMC 21.50.310
Boating Facilities, SVMC 21.50.320 Commercial Use, and SVMC 21,50.430
Piers and Docks, as applicable.
21.50.370 Residential Development and Use
A. Applicability.
1. This section applies to single-family and multi-family structures, lots, and parcels.
2. Residential uses also include accessory dwelling units (ADUs), accessory uses,
and structures normally associated with residential uses including, but not limited
to, garages, sheds, decks, driveways, fences, swimming pools, hot tubs, saunas,
and tennis courts.
3. Clearing, grading, and utilities work associated with residential use are subject to
the regulations established for those activities.
Exhibit 1: Ordinance 21-007 Page 30 of 72
B. Standards.
1. A Shoreline Substantial Development Permit is not required for construction by
an owner, lessee, or contract purchaser of a single-family residence, provided,
any such construction of a single-family residence and all accessory structures
meet the requirements of the SMP.
2. Residential development, including single-family structures, shall be required to
control erosion during construction. Removal of vegetation shall be minimized
and any areas disturbed shall be restored to prevent erosion and other impacts
to shoreline ecological functions pursuant to SVMC 21.50.260.
3. New residential development, including accessory uses and structures, shall be
sited in a manner to avoid the need for structural improvements that protect such
structures and uses from steep slopes and shorelines vulnerable to erosion,
including bluff walls and other stabilization structures.
4. New over-water residences and floating homes are prohibited.
5. New single-family residential accessory structures, excluding accessory dwelling
units, may be located waterward of the shoreline setback provided that all of the
following criteria are met:
a. The combined building footprint of all accessory structures does not
exceed 10 percent of the lot area;
b. Structures are located outside of critical areas, their associated buffers,
and the shoreline buffer; and
c. Structures are set no closer than five feet to any side or rear property line.
6. New attached or detached accessory dwelling units shall:
a. Be located landward of the shoreline buffer and outside of all critical
areas and their buffers; and
b. Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit.
7. New residential developments of four or more lots shall comply with the following
requirements:
a. The shoreline buffer shall be shown on the plat and permanently marked
on the ground with methods approved by the City Manager;
b. A site plan shall be provided in conjunction with the building permit
application showing the project elements described in SVMC
21.50.370(B)(3); and
c. Provide a project narrative describing how the project elements are being
met.
8. Exterior lighting associated with single-family residences, such as pathway
lighting and lighting directed at landscaping features, is permitted within the
setback area so long as it is directed away from the shoreline.
9. Recorded plats shall include language that states that pursuant to SVMC
21.50.230, use and development within the defined shoreline buffer area is
prohibited. Title notices shall be recorded with each newly created parcel with
the restrictive language.
10. New fences shall meet the requirements of SVMC 22.70 Fencing, Screening and
Landscaping.
11. Fences are prohibited in the following areas:
a. Shoreline buffers;
b. Critical areas; and
c. Waterward of the OHWM.
Exhibit 1: Ordinance 21-007 Page 31 of 72
21.50.380 Signs and Outdoor Lighting
A. Applicability. This section applies to any commercial, industrial, or advertising sign
directing attention to a business, professional service, community site, facility, or
entertainment conducted or sold, and all outdoor lighting, except those associated with
residential use and public street lighting.
B. Standards.
1. All signs shall comply with SVMC 22.110 Sign Regulations; variances from these
regulations may be granted pursuant to SVMC 21.50,140 Shoreline Variances.
2. Signage, including kiosks and directional signage to commercial uses or
recreation areas, related to, or along, the Centennial Trail, is allowed without a
Shoreline Substantial Development Permit provided:
a. Signage is consistent with the SMP, the City's Parks and Recreation
Master Plan, and any applicable master plan of Washington State Parks;
and
b. Signage proposed within a buffer area shall not:
Exceed 15 square feet in area;
ii. Exceed six feet in height;
iii. Be illuminated unless warranted by safety factors; and
iv. A building permit is obtained, if required.
3. Outdoor lighting shall comply with SVMC 22.60 Outdoor Lighting Standards.
4, New permanent outdoor lighting is prohibited within the shoreline buffer.
5. Pedestrian-oriented lighting along walkways and paths shall be allowed within
the shoreline setback area if:
a. The purpose of the light is safety;
b. Lighting structure height is not greater than 12 feet; and
c. Lighting fixtures are downward directed and fully shielded.
6. All outdoor lighting shall be oriented away from the shoreline and adjacent uses
using directional lighting or shielding.
21.50.390 Transportation Facilities
A. Applicability. This section applies to structures and developments that aid in land, air,
and water surface movement of people, goods, and services. They include roads and
highways, bridges, bikeways, heliports, rail, and other related facilities. Trails are
addressed in SVMC 21,50.250 Public Access.
B. Standards.
1. New road and bridge construction and expansion of existing roads and bridges
shall only be located within the shoreline jurisdiction upon approval by the City
Manager when deemed necessary for the good of the community, or when
deemed related to, and necessary to support permitted shoreline activities.
2. When allowed, transportation facilities shall be:
a. Consistent with an approved private project or applicable City plans,
including the City's Transportation Improvement Plan, Public Access Plan
and Restoration Plan;
b. Located on the landward side of existing structures or uses; and
c. Be designed to minimize clearing, grading, and alteration of natural
features. Roadway and driveway alignment should follow natural
contours and minimize width.
3. To the extent consistent with federal jurisdiction, new rail lines and corridors or
expansion of existing rail lines and corridors shall be allowed only for the purpose
Exhibit 1: Ordinance 21-007 Page 32 of 72
of connecting to existing rail lines or rights-of-way. New rail lines, including
bridges, shall be constructed within existing rail corridors or rights-of-way.
4. To the extent consistent with federal jurisdiction, new rail lines shall be
constructed so that they do not compromise the public's ability to access the
shoreline safely.
21.50.400 Public Facilities and Utilities
A. Applicability. This section applies to all public facilities and utilities. This section does
not apply to on-site utility features serving a primary use, such as water, sewer, or gas
lines to a development or residence. These utility features are considered "service
utilities" and shall be considered part of the primary use.
B. Regulations.
1. New public facilities and utilities may only be allowed pursuant to Shoreline
Conditional Use permit and if they meet the following conditions:
a. Address conflicts with present and planned land and shoreline uses
through site design or configuration, buffers, aesthetics, or other methods;
and
b. Identify the need to site within shoreline jurisdiction and why it is not
possible to locate outside of the shoreline jurisdiction.
2. New wastewater and stormwater outfalls shall not be allowed.
3. Routine maintenance, replacement, and minor upgrades of existing utilities shall
be allowed; provided that if the activity involves ground disturbance or is located
in the Urban Conservancy - High Quality Environment, then such maintenance,
replacement, and minor upgrades shall only be allowed by Letter of Exemption.
If existing high-quality vegetated areas, as noted in the Shoreline Inventory and
Analysis, are disturbed by maintenance activities in Urban Conservancy - High
Quality designated shorelines, mitigation pursuant to SVMC 21.50.210 No Net
Loss and Mitigation Sequencing, shall be required.
4. Transmission facilities for the conveyance of services, such as power lines,
cables, and pipelines, should be located outside of the shoreline jurisdiction.
5. New utility corridors shall be prohibited within the Urban Conservation — High
Quality Environment.
6. New over-water utility crossings are allowed within existing utility corridors.
7. New or expanded service utilities shall:
a. Be located underground, unless placement underground results in more
damage to the shoreline area;
b. Utilize low impact, low profile design, and construction methods; and
c. Restore any areas disturbed to pre-project configurations, replant with
native species, and maintain until the newly planted area is established.
8. Stormwater pipe systems shall not be allowed within the shoreline buffer.
21.50.410 General Regulations for Specific Shoreline Modifications
A. Applicability. SVMC 21.50.410 through 21.50.450 apply to all shoreline modifications.
Shoreline modification activities are structures, including in-stream structures, or actions
that modify the physical configuration or qualities of the shoreline area.
B. General shoreline modification standards.
1. All shoreline modification applications shall also comply with:
a. SVMC 21.30 Floodplain Regulations;
b. SVMC 24.50 Land Disturbing Activities; and
Exhibit 1: Ordinance 21-007 Page 33 of 72
c. Integrated Streambank Protection Guidelines (WDFW, Ecology and
Transportation, 2003 as adopted or amended).
2. All shoreline modification activities shall ensure that the no net loss of ecological
function standard is met.
3. Structural shoreline modifications within the regulated floodplain, geologically
hazardous areas, and in-stream shall only be allowed where it can be
demonstrated that nonstructural measures are not feasible or the proposed
activities are necessary to:
a. Support or protect a legally existing shoreline use or primary structure
that is in danger of loss or substantial damage;
b. Reconfigure the shoreline or channel bed for an allowed water-dependent
use; or
c. Provide for shoreline mitigation or enhancement purposes.
4. All shoreline modifications within the regulated floodplain and in-stream, with the
exception of docks proposed on the Spokane River that are located west of the
City of Millwood, shall provide the following:
a. Site suitability analysis that justifies the proposed structure;
b. A Habitat Management Plan prepared by a Qualified Professional that
describes:
The anticipated effects of the project on fish and wildlife habitat
and migration areas;
Provisions for protecting in-stream resources during construction
and operation; and
iii. Measures to compensate for impacts to resources that cannot be
avoided.
c. An engineering analysis which evaluates and addresses:
The stability of the structure for the required design frequency;
ii. Changes in base flood elevation, floodplain width, and flow
velocity;
iii. The potential for blocking or redirecting the flow which could lead
to erosion of other shoreline properties or create an adverse
impact to shoreline resources and uses;
iv, Methods for maintaining the natural transport of sediment and
bedload materials;
v. Protection of water quality, public access, and recreation; and
vi. Maintenance requirements.
21.50.420 Shoreline/Slope Stabilization
A. Applicability. This section applies to shoreline modification activities for shoreline and
slope stabilization projects, including structural and nonstructural measures.
B. Standards.
1. Nonstructural measures are the preferred method for slope and shoreline
stabilization.
2. Nonstructural measures may include building setbacks, relocation of the
structure to be protected, groundwater management, and planning and
regulatory measures to avoid the need for structural stabilization.
3. Structural stabilization measures may include hard surfaces such as concrete
bulkheads or less rigid materials, such as vegetation, biotechnical vegetation
measures, and riprap-type stabilization.
Exhibit 1: Ordinance 21-007 Page 34 of 72
4. New structural shoreline modifications require a Shoreline Substantial
Development Permit.
5. New structural stabilization measures may be allowed under the following
circumstances:
a. To protect existing primary structures, public facilities and utilities, and the
Centennial Trail. Prior to approval, a geotechnical investigation shall:
Demonstrate that the structure is in danger from shoreline erosion
by currents or waves; and
ii. Evaluate on-site drainage and address drainage problems away
from the shoreline.
b. To protect new non water-dependent uses from erosion, when all of the
following apply:
The erosion is not being caused by upland conditions;
ii. Nonstructural measures are neither feasible nor sufficient;
iii. An engineering or scientific analysis demonstrates that damage is
caused by natural processes; and
iv. The stabilization structure shall incorporate native vegetation and
comply with the mitigation sequencing in SVMC 21.50.210 No Net
Loss and Mitigation Sequencing.
c. To protect water-dependent development from erosion when all of the
following apply:
The erosion is not being caused by upland conditions;
ii. Nonstructural measures are neither feasible nor sufficient; and
iii. The need to protect primary structures from damage due to
erosion is demonstrated through a geotechnical report.
d. To protect restoration and remediation projects when all of the following
apply:
The project is conducted pursuant to chapter 70.105D RCW
Model Toxics Control Act; and
ii. Nonstructural measures are neither feasible nor sufficient.
6. Unless otherwise exempt from shoreline permit requirements, replacement of an
existing shoreline stabilization structure may be approved with a Shoreline
Substantial Development Permit, provided the structure remains in the same
location and the outer dimension changes by 10 percent or less. However, a
Shoreline Conditional Use Permit shall be required if existing shoreline
stabilization measures are relocated or the outer dimension changes by more
than 10 percent.
7. All new or replaced structural shoreline stabilization measures shall provide:
a. Design plans showing the limits of construction, access to the
construction area, details, and cross sections of the proposed stabilization
measure, erosion and sediment controls, and re-vegetation of the project
area; and
b. An engineered report that addresses the purpose of the repair,
engineering assumption, and engineering calculations to size the
stabilization measure.
8. A replacement structure shall not encroach waterward of the OHWM, unless all
of the following apply:
a. For residences occupied or constructed prior to January 1, 1992;
b. There are overriding safety or environmental concerns;
c. The replacement structure shall abut the existing shoreline stabilization
structure; and
Exhibit 1: Ordinance 21-007 Page 35 of 72
d. The Department of Natural Resources has approved, if applicable, the
proposed project if it is on state-owned aquatic lands.
21.50.430 Piers and Docks
A. Applicability. This section applies to the construction or expansion of piers and docks
constructed waterward of the OHWM.
B. Standards.
1. Piers and docks designed for pleasure craft only, and for the private
noncommercial use of the owner, lessee, or contract purchaser of single and
multi-family residences, shall require a Letter of Exemption. Any other dock or
pier permitted under the SMP requires a Shoreline Substantial Development
Permit.
2. Piers and docks serving more than four residences and public or commercial
piers and docks shall comply with SVMC 21.50.310 Boating Facilities. Public or
commercial piers and docks shall comply with SVMC 21.50.360 Recreational
Development and Uses.
3. New piers and docks shall only be allowed for water-dependent uses or public
access. A dock associated with a single-family residence and designed and
intended as a facility for access to watercraft is a water-dependent use.
4. New piers and docks shall be the minimum size necessary based upon a needs
analysis provided by the Applicant. However, the size shall not exceed 55 feet in
length measured perpendicularly from the OHWM. Total deck area shall not
exceed 320 square feet.
5. The City may require modifications to the configuration of piers and docks to
protect navigation, public use, or ecological functions.
6. Wood treated with toxic compounds shall not be used for decking or for in-water
components.
7. Existing legally established docks, piers, or viewing platforms may be repaired or
replaced in accordance with the regulations of the SMP, provided the size of the
existing structure is not increased.
8. Piers and docks proposed on the Spokane River and located east of the City of
Millwood shall comply with SVMC 21.50.410(B)(4) and the following additional
criteria:
a. The site suitability analysis shall demonstrate that:
The river conditions in the proposed location of the dock, including
depth and flow conditions, will accommodate the proposed dock
and its use; and
ii. Any design to address river conditions will not interfere with or
adversely affect navigability.
b. The Habitat Management Plan for any such docks shall demonstrate that
the proposed dock will not result in a net loss of ecological functions, and
shall include an analysis of the cumulative impact of additional requests
for like actions in the area.
9. A new pier or dock accessory to residential development within the shoreline
located east of the City of Millwood, and west of the Centennial Trail Pedestrian
Bridge, shall provide joint use or community dock facilities, when feasible, rather
than allowing individual docks for each residence. Application materials shall
include documentation of the applicant's efforts to explore feasibility of and
interest in a joint use dock with owners of any residential lots immediately
adjacent to the applicant's sites. Such documentation may include copies of
Exhibit 1: Ordinance 21-007 Page 36 of 72
certified letters sent to owners of the immediately adjacent properties listed on
title. Any proposal for a joint use dock shall include in the application materials a
legally enforceable joint use agreement or other legal instrument, notice of which
must be recorded against title of the properties sharing the dock prior to dock
construction. The joint use agreement shall, at a minimum, address the
following:
a. Apportionment of construction and maintenance expenses;
b. Easements and liability agreements; and
c. Use restrictions.
21.50.440 Dredging and Fill
A. Applicability. This section applies to shoreline modification activities for projects or uses
proposing dredging, dredge material disposal, or fill waterward of the OHWM.
B. Regulations.
1. Dredging and dredge material disposal is prohibited unless associated with a
comprehensive flood management solution, an environmental cleanup plan, a
habitat restoration, fish enhancement project, or when considered suitable under,
and conducted in accordance with, the Dredged Material Management Program
of the Washington State Department of Natural Resources. These projects
require a Shoreline Conditional Use Permit.
2. Fill shall be allowed only when necessary to support the following uses (a
Shoreline Conditional Use Permit is required unless stated otherwise):
a. Water-dependent uses;
b. Public access;
c. Cleanup and disposal of contaminated sediments as part of an
interagency environmental cleanup plan; these proposals may be exempt
from a shoreline permit of any type by the Model Toxics Control Act;
d. Expansion or alteration of transportation facilities. These proposals shall
also demonstrate that alternatives to fill are not feasible and require a
Shoreline Substantial Development Permit;
e. A mitigation action; and
f. An environmental restoration or enhancement project.
21.50.450 Shoreline Habitat and Natural Systems Enhancement Projects
A. Applicability. This section applies to all shoreline habitat and natural system
enhancement projects.
B. Standards.
1. Shoreline habitat and natural systems enhancement projects are encouraged.
These projects shall:
a. Obtain a Shoreline Substantial Development Permit or a Letter of
Exemption;
b. Demonstrate that the main project purpose is enhancing or restoring the
shoreline natural character and ecological functions by establishing the
restoration needs and priorities; and
c. Implement the restoration plan developed pursuant to WAC 173-26-
201(2)(f) and with applicable federal and state permit provisions.
2. Relief procedures for shoreline restoration projects.
Exhibit I: Ordinance 21-007 Page 37 of 72
a. The City may grant relief from SMP development standards and use
regulations resulting from shoreline restoration projects within urban
growth areas consistent with criteria and procedures in WAC 173-27-215.
Article III. Shoreline Critical Areas Regulations
21.50.460 General -Shoreline Critical Areas Regulations -Applicability
A. SVMC 21.50.460 through 21.50.560 apply to critical areas and their buffers that are
completely within the shoreline jurisdiction as well as critical areas and their buffers
located within, but extending beyond the mapped shoreline jurisdiction boundary.
Regulated critical areas include: wetlands, Critical Aquifer Recharge Areas (CARAs),
Fish and Wildlife Habitat Conservation Areas (FWHCAs), geologically hazardous areas,
and frequently flooded areas, pursuant to WAC 173-26-221(2) and (3), and WAC 365-
196-485.
B. This section applies to all uses, activities, and structures within the shoreline jurisdiction
of the City, whether or not a shoreline permit or other authorization is required. No
person, company, agency, or other entity shall alter a critical area or its associated buffer
within the shoreline jurisdiction except as consistent with the purposes and requirements
of the SMP.
21.50.470 Maps and Inventories
A. The approximate location and extent of known critical areas are depicted on the Critical
Areas and Priority Habitats Map updated and maintained by the Community
Development Department. The Critical Areas and Priority Habitats Map is a reference
tool, not an official designation or delineation. The exact location of a critical area
boundary shall be determined through field investigation by a Qualified Professional.
B. In addition to the Critical Areas and Priority Habitats Map, City staff may review
additional reference materials to determine whether a proposed development has the
potential to affect a critical area within the shoreline jurisdiction. Reference materials
may include, but are not limited to the following as adopted or amended:
1. Natural Resources Conservation Service (NRCS) Soil Survey for Spokane
County, Washington, 2012;
2. USGS 7.5 Minute Series Digital Elevation Model;
3. FEMA Flood Insurance Rate Maps for Spokane County, Washington and
Incorporated Areas, July 6, 2010;
4. USFWS National Wetlands Inventory;
5. Aerial photos;
6. WDFW Priority Habitats and Species and Wildlife Heritage Maps and Data; and
7. City critical area designation maps.
21.50.480 Exemptions from Critical Area Review and Reporting Requirements
A. Activities exempt from critical area review and reporting requirements shall ensure no
net loss of shoreline ecological functions pursuant to SVMC 21.50.210. Exempt
activities shall be conducted consistent with performance standards identified in SVMC
21.50.180 through 21.50.450, including mitigation sequencing.
B. Any incidental damage to or alteration of a critical area or their buffers resulting from
exempt activities shall be restored, rehabilitated, or replaced at the expense of the
responsible party within one growing season.
Exhibit I: Ordinance 21-007 Page 38 of 72
C. The following activities are exempt from critical area review and reporting requirements:
1. Conservation or enhancement of native vegetation.
2. Outdoor recreational activities which do not involve disturbance of the resource
or site area, including fishing, hunting, bird watching, hiking, horseback riding,
bicycling, and natural trail use.
3. Education, scientific research, and surveying.
4. Normal and routine maintenance and repair of:
a. Legally-constructed existing irrigation and drainage ditches, utility lines
and right-of-way, and appurtenances;
b. Facilities within an existing right-of-way and existing serviceable
structures or improved areas, not including expansion, change in
character or scope, or construction of a maintenance road. The
exemption includes the necessary vegetation management that keeps the
existing right-of-way clear from hazard trees; and
c. State or City parks, including noxious weed control and removal of hazard
trees where the potential for harm to humans exists.
5. Emergency construction necessary to protect property from damage by the
elements.
6. Routine maintenance, repair, and minor modifications (such as construction of a
balcony or second story) of existing structures where the modification does not
extend the structure further into or adversely impact the functions of the critical
area.
7. In Category Ill or IV wetlands only, stormwater dispersion outfalls and bioinfiltration
swales located within the outer 25 percent of the buffer provided that no other
location is feasible.
21.50.490 Critical Area Review
A. All clearing, uses, modifications, or development activities within a shoreline critical area
or its buffer shall be subject to review under SVMC 21.50 unless specifically exempted
under SVMC 21.50.480.
B. Applicant shall identify in the application materials the presence of any known or
suspected critical areas on or within 200 feet of the property line.
C. If the proposed project is within or adjacent to a critical area, or is likely to create a net
loss of shoreline ecological functions necessary to sustain a critical area, the City shall:
1. Require and review a critical area report for each applicable critical area; and
2. Determine if the proposed project adequately addresses and mitigates impacts to
the critical area and is consistent with the requirements of the SMP.
21.50.500 Critical Area Report Requirements for all Critical Areas
A. When required by SVMC 21.50.490(C), the Applicant shall submit a critical area report
subject to the requirements of this section and any additional reporting requirements for
each critical area, as applicable.
B. Critical area reports for two or more types of critical areas shall meet the report
requirements for each relevant type of critical area.
C. All critical area assessments, investigations, and reports shall be completed by a
Qualified Professional.
Exhibit 1: Ordinance 21-007 Page 39 of 72
D. At a minimum, all critical area reports shall contain the following:
1. The name and contact information of the Applicant, a description of the proposal,
and identification of the permit(s) requested;
2. The dates, names, and qualifications of the persons preparing the report and
documentation of any fieldwork performed on the site;
3. A statement from the Qualified Professional certifying that the report meets the
critical area requirements;
4. A description of the nature, density, and intensity of the proposed use or activity
in sufficient detail to allow analysis of such proposal upon identified critical area;
5. List of all references used and all assumptions made and relied upon;
6. A scaled site plan showing:
a. Critical areas and their buffers;
b. Ordinary high water mark;
c. Proposed and existing structures and related infrastructure;
d. Clearing and grading limits;
e. Impervious surfaces;
f. Location of temporary and/or permanent construction signage and
fencing to protect critical areas and their buffers;
g. Topographic contours at two foot intervals;
h. Fill and material storage locations;
Proposed and existing drainage facilities and stormwater flow arrows; and
j. Title, date, scale, north arrow, and legend;
7. Identification and characterization of all critical areas, water bodies, and critical
areas associated with buffers located on site, adjacent to, and within 200 feet of
proposed project areas. If buffers for two contiguous critical areas overlap (such
as buffers for a stream and a wetland), the wider buffer shall apply;
8. A mitigation plan which contains a description of the application of mitigation
sequencing and offsetting of impacts pursuant to SVMC 21.50.210 No Net Loss
and Mitigation Sequencing;
9. Erosion and sediment control plan and drainage plan, as applicable for
conformance with SVMC 24.50;
10. Cost estimate for required mitigation when a financial surety is required pursuant
to SVMC 21.50.510;
11. A discussion of the performance standards applicable to the critical area and
proposed activity; and
12. Monitoring plan pursuant to SVMC 21.50.510(D) when mitigation is required.
E. The City Manager may modify the required contents or the scope of the required critical
area report to adequately evaluate the potential impacts and required mitigation. This
may include requiring more or less information and addressing only that part of a site
affected by a development proposal.
21.50.510 Mitigation
A. Applicants shall follow the mitigation sequencing put forth in SVMC 21.50.210 No Net
Loss Mitigation and Sequencing.
B, All impacts to critical areas and their buffers likely to result in a net loss of shoreline
ecological functions necessary to sustain the critical area shall be mitigated consistent
with appropriate state and federal guidelines.
Exhibit 1: Ordinance 21-007 Page 40 of 72
C. Unless specifically addressed in specific critical area sections, compensatory mitigation
may be provided by any of the following means, in order of preference:
1. Except as provided in SVMC 21.50.510(C)(2)(a), adverse critical area impacts
shall be mitigated on or contiguous to the development site through resource
expansion, enhancement, protection, or restoration.
2. Off-site mitigation.
a. Off-site mitigation may be allowed if an Applicant demonstrates that
mitigation on or contiguous to the development proposal site cannot be
achieved and that off-site mitigation will achieve equivalent or greater
ecological functions.
b. When off-site mitigation is authorized, priority shall be given to the
following locations within the same drainage sub-basin as the project site:
Mitigation banking sites and resource mitigation reserves.
ii. Private mitigation sites that are established in compliance with the
requirements of SVMC 21.50.510(C)(2) and approved by the City
Manager.
iii. Offsite mitigation consistent with Selecting Wetland Mitigation
Sites Using a Watershed Approach (Eastern Washington)
(Publication #10-06-07, Olympia, WA, November 2010 as adopted
or amended).
c. The City Manager shall maintain a list of known sites available for use for
off-site mitigation projects.
3. Title notices shall be recorded against the affected parcels for on-site mitigation,
and easements shall be recorded for off-site mitigation, to avoid impacts from
future development or alteration to the function of the mitigation. The mitigation
site shall be permanently preserved.
D. Monitoring.
1, The Applicant shall monitor the performance of any required mitigation and
submit performance monitoring reports, as specified in the applicable permit
conditions.
2. When required, the monitoring plan shall:
a. Demonstrate compliance with the provisions of the SMP and specific
permits and approvals;
b. Describe the objectives and methods for monitoring and quantifying;
c. Provide results with an estimate of statistical precision;
d. Identify the length of monitoring and reporting requirements;
e. Recommend management actions based upon the monitoring results;
and
f. Address the length of the mitigation consistent with the following:
Mitigation monitoring shall be required for a minimum of two years
for temporary impact restoration and up to 10 years for
compensatory mitigation; and
ii. If the mitigation objectives are not obtained within the initial
monitoring period, the Applicant shall remain responsible for
restoration of the natural values and functions until the mitigation
goals agreed to in the mitigation plan are achieved.
Exhibit 1: Ordinance 21-007 Page 41 of 72
E. Sureties.
1. Performance and maintenance sureties shall be required from all private persons
and entities required to provide mitigation and a maintenance plan.
2. The performance surety shall be in substantially the same form as provided for in
the City's Street Standards as adopted or amended.
3. A performance surety shall be submitted prior to issuance of a Shoreline
Substantial Development, Conditional Use Permit, or Grading Permit. The surety
shall include costs to cover for construction and vegetation, annual maintenance
for a five-year period, and a 25 percent contingency fee.
4. The performance surety shall be released when the following conditions have
been met:
a. The installation of the required mitigation is approved by the City; and
b. The Applicant has submitted a warranty surety pursuant to SVMC
21.50.510(E)(5).
5. All projects with required mitigation shall submit a warranty surety to ensure the
success of the mitigation project before certificate of occupancy, final plat
approval, or as required by the City. The warranty surety shall be for 40 percent
of the total mitigation construction and planting costs and annual maintenance/
monitoring for five years, including but not limited to: costs for the maintenance
and replacement of dead or dying plant materials; failures due to site preparation,
plant materials, construction materials; installation oversight, monitoring,
reporting, and contingency actions expected through the end of the required
monitoring period.
6. The warranty surety shall remain in effect for five years from the release of the
performance surety or a timeframe as otherwise determined by the City
Manager. The Applicant shall have a Qualified Professional inspect the
mitigation site within 30 days of the expiration of the warranty. Any deficiencies
noted shall be repaired prior to the release of the surety. If the inspection is not
conducted and/or the deficiencies are not repaired, the warranty surety shall be
renewed by the Applicant until all deficiencies are corrected. The City shall
conduct an inspection prior to releasing the warranty surety,
7. If any deficiencies identified while the warranty surety is in effect are not
corrected in the time frame specified by the City Manager, the City may choose
to conduct the necessary repairs. The City shall then either invoice the Applicant
or collect from the surety for all costs for the related work, plus a $500
administrative fee.
F. The City Manager may approve alternative mitigation provided such mitigation is based
on the most current, accurate, and complete scientific or technical information available
and provides an equivalent or better level of protection of shoreline ecological functions
than would be provided by the strict application of the SVMC 21.50. The City Manager
shall consider the following for approval of an alternative mitigation proposal:
1. The Applicant proposes creating or enhancing a larger system of natural areas
and open space in lieu of preserving many individual habitat areas.
2. There is clear potential for success of the proposed mitigation at the proposed
site.
3. The approved plan contains clear and measurable standards for achieving
compliance with the specific provisions of the plan.
Exhibit 1: Ordinance 21-007 Page 42 of 72
21.50.520 Wetlands - Shoreline Critical Area Regulations
A. Applicability. This section applies to all clearing, uses, modifications, or development
activities within or adjacent to wetlands, unless specifically exempted by SVMC
21.50.480.
B. Delineation and classification.
1. Delineation. Wetland identification and delineation of wetland boundaries shall
be determined by a qualified professional through a field investigation based on
the protocols of the 1987 U.S. Army Corps of Engineers Delineation Manual and
applicable regional supplement, as adopted by Washington State Department of
Ecology (Ecology) and as hereafter amended. Wetland delineations are valid for
five years, after which the City shall determine whether a boundary verification
study or additional assessment is necessary.
2. Classification.
a. Wetlands shall be rated pursuant to the Ecology wetland rating system as
set forth in the Washington State Wetland Rating System for Eastern
Washington (Ecology Publication No. 14-06-030, or as amended and
approved by Ecology), which contains the definitions and methods for
determining wetland categorical ranking and scores based on functions
and values.
b. Categories. Wetland categories are defined as follows:
Category I: perform functions at very high levels as evidenced by
scoring between 22 and 27 points on Ecology's wetland rating
system; includes alkali wetlands, bogs, and forests with stands of
aspen.
ii. Category II: provide high levels of some functions, with a rating
score between 19 and 21 points; difficult, though not impossible,
to replace; includes forested wetlands in the fioodplains of rivers,
mature and old-growth forested wetlands over one-quarter acre in
size with fast-growing trees, and vernal pools.
iii. Category Ill: provide a moderate level of functions, with a rating
score between 16 and 18 points; can be adequately replaced with
a well-planned mitigation project.
iv. Category IV: provide lowest level of functions, with a rating score
less than 16 points; often heavily disturbed but may provide some
important functions including groundwater recharge and the
removal of pollutants from surface water.
C. Wetland buffer areas.
1. Wetland buffer areas shall be required adjacent to all wetlands except isolated
Category IV wetlands less than 1,000 square feet that:
a. Are not associated with riparian areas or buffers;
b. Are not part of a wetland mosaic (a patchwork of nearby, small wetlands);
c. Do not contain habitat identified as essential for local populations of
priority species identified by WDFW or Natural Heritage plant species
identified by the DNR;
d. Are not a vernal pool;
e. Are not an alkali wetland; and
f. Do not contain aspen stands.
Exhibit 1: Ordinance 21-007 Page 43 of 72
2. Wetland buffers shall apply to any wetland created, restored, or enhanced as
compensation for approved wetland alterations in the same manner as natural
wetlands.
3. Except as otherwise specified or allowed in SVMC 21.50.520(C), wetland buffers
shall be retained in their natural condition. Where buffer disturbances have
occurred before or during construction, revegetation with native vegetation and
restoration of the hydrologic condition shall be required.
4. Buffer widths.
a. All buffers widths shall be measured perpendicularly from the wetland
boundary.
b. The width of the wetland buffer area shall be determined pursuant to
Table 21.50-5 based upon the associated wetland category and impact
intensity category of the proposed use. Widths shall be increased
pursuant to SVMC 21.50.520(C)(4)(c) and may be reduced pursuant to
SVMC 21.50.520(C)(4)(d). Wetland categories shall be assigned in
accordance with SVMC 21,050.520(B)(2) and consistent with Ecology's
Wetlands in Washington State, Volume 2; Protecting and Managing
Wetlands, Guidance on Buffers and Ratios (Appendix 8-D), as may be
amended. Land use intensity shall be determined as follows (uses not
specifically listed shall be considered based upon the most similar use
listed):
Table 21.50-4: Wetland Impact Intensity Categories
Impact Intensity
Category (Impact Types of Land Use
from Proposed
Change in Land Use)
High Impact Commercial, industrial, and institutional
Residential (more than one unit/acre)
High-intensity recreation (golf courses, ball fields, etc.)
Moderate Impact Residential (one unit/acre or less)
Moderate-intensity active open space (parks with biking,
jogging, etc.)
Paved trails
Utility corridor with access/maintenance road
Low Impact Passive open space (hiking, bird-watching, etc.)
Unpaved trails
Utility corridor without road or vegetation management
Exhibit 1: Ordinance 21-007 Page 44 of 72
Table 21.50-5: Standard Wetland Buffer Widths
Wetland Minimum Buffer Width (in feet)
Category Low Impact Moderate Impact High Impact
125 190 250
I I 100 150 200
III 75 110 150
IV 25 40 50
c. Increase in Standard Wetland Buffer Width.
If the land adjacent to a wetland has an average slope of 30
percent or more, the minimum buffer width shall either:
(1) Be extended one and one-half times; or
(2) Extend to the upper break in slope (where the slope
gradient is less than 30 percent for 20 feet or more
perpendicular to the wetland, whichever is less).
d. Reduction of Standard Wetland Buffer Width.
The standard wetland buffer width for wetlands may be reduced to
the next, lower land use intensity buffer width (e.g., from high to
moderate), or reduced by no more than 25 percent if:
(1) A relatively undisturbed vegetative corridor of at least 100
feet in width is protected between the wetland and any
other priority habitats and the corridor is preserved by
means of easement or covenant; or
(2) All measures identified in Table 21.50-6 are taken to
minimize the impact of any proposed land use.
Table 21.50-6: Wetland Impact Minimization Measures
Disturbance Required Measures to Minimize Impacts
Lights • Direct lights away from wetland.
Noise • Locate activity that generates noise away from
wetland.
• If warranted, enhance existing buffer with native
vegetation plantings adjacent to noise source.
• For activities that generate relatively continuous,
potentially disruptive noise, such as certain heavy
industry or mining, establish an additional 10-foot-
wide, heavily vegetated buffer strip immediately
adjacent to the outer wetland buffer.
Chemical Use • Establish covenants limiting use of pesticides within
150 feet of wetland.
• Apply integrated pest management.
Exhibit 1: Ordinance 21-007 Page 45 of 72
Disturbance Required Measures to Minimize Impacts
Stormwater runoff • Route all untreated runoff away from wetland while
ensuring wetland is not dewatered.
• Retrofit older stormwater facilities to meet current
standards.
• Prevent channelized flow that directly enters the
buffer.
• Infiltrate or treat, detain, and disperse into buffer
new runoff from impervious surfaces and new
lawns.
Pets and human disturbance • Use privacy fencing or plant dense, thorny
vegetation to delineate buffer edge and to
discourage disturbance using vegetation appropriate
for the City.
Dust • Use best management practices to control dust.
Disruption of corridors or • Maintain connections to off-site areas that are
connections undisturbed.
• Restore corridors or connections to off-site habitats
by replanting.
Vegetation alteration • Protect and maintain native plant communities in
buffers.
e. Standard Buffer Width Averaging.
Standard wetland buffer width may be averaged (reduced in width
near a parcel or development but widened elsewhere along the
parcel or development to retain the overall area of the standard
wetland buffer) if all of the following conditions are met:
(1) The buffer is increased adjacent to the higher-functioning
area of habitat or more sensitive portion of the wetland,
and decreased adjacent to the lower-functioning or less
sensitive portion;
(2) The total area of the buffer after averaging is equal to the
area required without averaging; and
(3) The buffer at its narrowest point is never less than either
75 percent of the standard buffer width.
D. Signs and fencing.
1. Temporary.
a. The outer perimeter of wetland buffers and the clearing limits shall fenced
to ensure that no unauthorized intrusion will occur during construction.
Temporary fencing shall be designed and installed to effectively prevent
construction and related impacts.
b. Temporary signs and fencing shall be placed prior to beginning permitted
activities and maintained throughout construction.
2. Permanent.
Exhibit 1: Ordinance 21-007 Page 46 of 72
a. The City Manager may require installation of permanent signs and/or
fencing along the boundary of a wetland or buffer where public or high
traffic pedestrian uses may occur to protect critical areas.
b. Where required, permanent signs shall be made of an enamel-coated
metal face and attached to a metal post or another nontreated material of
equal durability. Signs shall be posted at an interval not less than one per
lot or every 50 feet, whichever is less, and shall be maintained in
perpetuity by the property owner. Any modification of the location or
materials required for permanent signs shall be approved by the City
Manager. The obligation to maintain permanent signs shall be recorded
against the property in a form acceptable to the City.
c. The signs shall be worded with language approved by the City Manager.
d. Permanent fence shall be installed and maintained around the wetland
buffer when domestic grazing animals are present or may be introduced
on site.
e. Fencing shall be constructed in a manner that minimizes impacts to the
wetland and associated habitat and designed to not interfere with species
migration, including fish runs. Fencing materials shall not be made or
treated with toxic chemicals.
E. Wetland Mitigation.
1. Mitigation Ratios.
a. Impacts resulting from alteration to wetlands shall be mitigated using the
ratios specified below:
Table 21.50-7: Wetland Mitigation Area Ratios'
Category of Creation or
Wetland Reestablishment Rehabilitation Enhancement
Category I 4:1 8:1 16:1
Category II 3:1 6:1 12:1
Category III 2:1 4:1 8:1
Category IV 1.5:1 3:1 6:1
I Refer to Wetland Mitigation in Washington State, Part 1: Agency
Policies and Guidance, (Ecology Publication No. 06-06-011 a, March
2006), for further information on wetland creation, reestablishment,
rehabilitation, and enhancement.
b. Impacts to buffers shall be mitigated at a 1:1 ratio. Only vegetated buffer
areas may be included in mitigation calculations. Lawns, walkways,
driveways, and other mowed or developed areas shall be excluded from
buffer area calculations.
c. Credit/Debit Method. As an alternative to the mitigation ratios provided in
SVMC 21.50.520(E), the City Manager may allow mitigation based on the
"credit/debit" method developed by the Ecology in Calculating Credits and
Debits for Compensatory Mitigation in Wetlands of Eastern Washington:
Final Report (Ecology Publication No. 11-06-015, August 2012, as
adopted or as amended).
Exhibit 1: Ordinance 21-007 Page 47 of 72
2. Off-Site Mitigation.
a. Wetland mitigation may be permitted off site if the primary drainage basin
will not be substantially damaged by the loss of affected wetland
hydrologic, water quality, or habitat functions as determined by a qualified
professional; and
On-site mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors such as other potentially adverse
impacts from surrounding land uses;
ii. Existing functions off site are significantly greater than lost wetland
functional values; or
iii. Goals for flood storage, flood conveyance, habitat, or other
wetland functions have been established and off-site mitigation is
strongly justified by meeting such goals.
b. Wetland Mitigation Banks and Fee-in-Lieu Programs.
Credits from a wetland mitigation bank or fee-in-lieu program may
be approved as off-site mitigation for unavoidable impacts to
wetlands when:
(1) The bank or fee-in-lieu program is certified under state rules;
(2) The City Manager determines that the wetland mitigation
bank provides appropriate compensation for the authorized
impacts; and
(3) The proposed use of credits is consistent with the terms and
conditions of the certified bank instrument.
ii. Replacement ratios for projects using bank credits shall be
consistent with replacement ratios specified in the certified bank
instrument.
iii. Credits from a certified wetland mitigation bank may be used to
compensate for impacts located within the service area specified in
the certified bank instrument. In some cases, the service area of
the bank may include portions of more than one adjacent drainage
basin for specific wetland functions. The use of bank credits out of
the established service area of the nearest available bank must be
approved by the City, WDFW, and Ecology.
iv. When applying for a wetland mitigation bank or fee-in-lieu program,
the applicant shall prepare a wetland mitigation bank credit use plan
that documents consistency with these criteria and shows how the
identified wetland type and associated functions will be
compensated for by purchase of the credits.
3. Design.
a. Design of wetland mitigation projects shall be appropriate for its
landscape position. Compensatory mitigation shall result in the creation,
restoration, or enhancement of a wetland that matches the geomorphic
setting of the site.
b. The design of a wetland that has a different Cowardin or
hydrogeomorphic classification than the impacted wetland may be
justified if supported by a demonstrated need for, or scarcity of, the
wetland type being designed.
4. Timing.
a. To minimize temporal loss of wetland ecological functions, compensatory
mitigation shall be completed prior to activities that disturb wetlands
where feasible.
E_xhibn 1: Ordinance 21-007 Page 48 of 72
b. Where mitigation cannot be completed prior to wetland impacts,
compensatory mitigation shall be completed immediately following
disturbance and prior to use or occupancy of the action or development.
c. Understanding that construction of mitigation projects should be timed to
reduce impacts to existing fisheries, wildlife, and flora, the City Manager
may authorize a delay of mitigation when the applicant provides a
compelling written rationale for the delay with recommendations from a
qualified wetland professional. In such cases, the delay shall not:
Create or perpetuate hazardous conditions;
ii. Create environmental damage or degradation; or
iii. Be injurious to the health, safety, or general welfare of the public.
F. Additional critical area report requirements for wetlands. In addition to the critical area
report requirements in SVMC 21.50.500, wetland reports shall include the following:
1. Documentation of any fieldwork performed on the site, including but not limited to
field data sheets for delineations, function assessments, ratings, or baseline
hydrologic data;
2. A description of the methodologies used to conduct the wetland delineations,
function assessments, or impact analyses including references;
3. For each wetland identified on site, adjacent to and within 200 feet of the project
site, provide:
a. Required buffers;
b. Wetland rating, hydrogeomorphic classification, Cowardin classification of
vegetation communities, on-site wetland acreage, and ecological function
of the wetland and buffer based on a professional survey from the field
delineation. All assessments shall be based on entire wetland
complexes, not only the portion present on the proposed project site;
c. Estimates of acreage and boundary for the entire wetland area where
portions of the wetland extend off site;
d. Description of habitat elements;
e. Soil conditions based on site assessment and soil survey information; and
f. To the extent possible, hydrologic information such as location and
condition of inlet/outlets (if they can be legally accessed), estimated water
depths within the wetland, and estimated hydroperiod patterns based on
visual cues (e.g., algal mats, drift lines, flood debris);
4. A description of the proposed actions and survey and an analysis of site
development alternatives, including a no-development alternative;
5. An assessment of the probable impacts to the wetlands and buffers resulting
from the proposed development, including:
a. An estimation of acreages of impacts to wetlands and buffers based on
the field delineation;
b. Impacts associated with anticipated hydroperiod alterations from the
project; and
c. Impacted wetland functions;
6. A description of how mitigation sequencing was applied pursuant to SVMC
21.50.210, No Net Loss and Mitigation Sequencing;
7. A discussion of mitigation measures, proposed to preserve existing wetlands and
restore any wetlands that were degraded by the current proposed land-use
activity;
8. Methods to protect and enhance on-site habitat and wetland functions;
9. A site plan, drawn to scale, with the following information:
Exhibit I: Ordinance 21-007 Page 49 of 72
a. Delineated wetland(s) and required buffer(s) for on-site wetlands as well
as off-site critical areas that extend onto the project site;
b. Areas of proposed impacts to wetlands and/or buffers (include square
footage estimates); and
c. Proposed stormwater management facilities and outlets for the
development, including estimated areas of intrusion into the buffers of any
critical areas; and
10. A mitigation plan, if required.
a. The plan shall address mitigation site selection criteria and goals and
objectives in relation to the functions and values of the impacted critical
area. Details in the mitigation plan shall include, but not be limited to:
The proposed construction method, sequence, timing, and
duration;
ii. Grading and excavation details;
iii. Erosion and sediment control features;
iv. Dates for beginning and completion of mitigation activities;
v. A planting plan, if applicable, specifying plant species, quantities,
locations, size, spacing, and density; and measures to protect and
maintain plants until established; and
vi. Detailed site diagrams, scaled cross-sectional drawings,
topographic maps showing slope percentage and final grade
elevations, and any other drawings appropriate to show
construction techniques or anticipated final outcome.
b. The mitigation plan shall include a monitoring plan to ensure success of the mitigation
plan. The plan shall conform to the monitoring requirements outlined in SVMC
21.50.510.
21.50.530 Critical Aquifer Recharge Areas - Shoreline Critical Area Regulations
A. Applicability. This section applies to the following developments and uses when
proposed within designated CARAs:
1. Underground and aboveground storage tanks;
2. Vehicle repair and service uses, including automobile washers;
3. Chemical treatment, storage, and disposal facilities;
4. Hazardous waste generating uses;
5. Injection wells, not including Class V or injection wells for stormwater
management;
6. Junk and salvage yards;
7. On-site sewage systems;
8. Solid waste handling and recycling facilities;
9. Surface mines;
10. Uses of hazardous substances, other than household chemicals for domestic
applications;
11. Projects having the potential to adversely impact groundwater; and
12. Work within a wellhead protection area.
B. Designation and classification.
1. CARAs are those areas with a critical recharging effect on aquifers used for
potable water as defined by WAC 365-190-030(2). CARAs have prevailing
geologic conditions associated with infiltration rates that create a high potential
Exhibit 1: Ordinance 21-007 Page 50 of 72
for contamination of ground water resources or contribute significantly to the
replenishment of ground water.
2. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility
based on a scientific analysis of soils, hydraulic conductivity, annual rainfall, the
depth to aquifers, the importance of the vadose zone, and wellhead protection
information. The entire shoreline jurisdiction, as well as the entire City, is
identified as a high susceptibility CARP,.
C. Performance standards.
The uses listed in Table 21.50-8 shall be conditioned as necessary to protect CARAs in
accordance with the applicable state and federal regulations.
Table 21.50-8: Statutes, Regulations, and Guidance
Pertaining to Ground Water Impacting Activities
Activity Statute-- Regulation — Guidance
Above Ground Storage Tanks WAC 173-303-640
WAC 173-216; Best Management Practices
Manual for Vehicle and Equipment Washwater
Automobile Washers Discharges(WQ-R-95-056)
Below Ground Storage Tanks WAC 173-360
Chemical Treatment Storage and Disposal
Facilities WAC 173-303-300
Hazardous Waste Generator (Boat Repair
Shops, Biological Research Facility, Dry
Cleaners, Furniture Stripping, Motor Vehicle
Service Garages, Photographic Processing,
Printing and Publishing Shops, etc.) WAC 173-303-300
Injection Wells 40 CFR Parts 144 and 146;WAC 173-218
Vehicle and Metal Recycles —A Guide for
Implementing the Industrial Stormwater
Junk Yards and Salvage Yards General NPDES Permit Requirements (94-146)
On-Site Sewage Systems (Large Scale) WAC 246-272B
On-Site Sewage Systems (< 14,500
gal/day) WAC 246-272A, Local Health Ordinances
Solid Waste Handling and Recycling
Facilities WAC 173-304
Surface Mining WAC 332-18
Additional performance standards for storage tanks that store hazardous substances or
waste.
All storage tanks shall:
1. Comply with Title 24 SVMC Building Code and fire department requirements;
2. Use material in the construction or lining of the tank that is compatible with the
substance to be stored;
3. Not allow the release of a hazardous substance to the ground, groundwater, or
surface water;
4. Prevent releases due to corrosion or structural failure for the operational life of
the tank; and
5. Be protected against corrosion and constructed of noncorrosive material or steel
clad with a noncorrosive material.
Exhibit 1: Ordinance 21-007 Page 51 of 72
D. All new underground storage tanks shall include a built-in secondary containment
system that prevents the release or threatened release of any stored substances.
E. All new aboveground storage tanks shall include a secondary containment structure and
meet either of the criteria below:
1, If the secondary containment is built into the tank structure, the tank shall be
placed over a sealed impervious pad surrounded with a dike. The impervious
pad/dike shall be sized to contain the 10-year storm if exposed to the weather; or
2. If the tank is single walled, the tank shall be placed over a sealed impervious pad
surrounded with a dike. The impervious pad/dike shall have the capacity to
contain 110 percent of the largest tank plus the 10-year storm if exposed to the
weather.
F. Additional performance standards for vehicle repair and servicing. Vehicle repair and
servicing must be conducted over impermeable pads and within a covered structure
capable of withstanding normally expected weather conditions.
G. Additional standards for chemical storage.
1. All chemicals used shall be stored in a manner that protects them from weather.
Secondary containment shall be provided. On-site disposal of any critical
material or hazardous waste shall be prohibited.
2, All developments and uses shall provide a narrative and plan to show how
development complies with the regulations and performance standards in SVMC
21.50.530(C-F), or prepare a hydrogeological assessment in accordance with
SVMC 21.50.530(H).
3. Proposed developments and uses that are unable to satisfy the performance
standards in SVMC 21.50.530(C-F), shall submit a hydrogeological assessment
report.
H. In addition to the critical area report requirements in SVMC 21.50.500, hydrogeological
assessments shall include:
1. Available geologic and hydrogeological characteristics of the site, including
groundwater depth, flow direction, gradient, and permeability of the unsaturated
zone;
2. Discussion of the effects of the proposed project on groundwater quality and
quantity;
3. A spill plan that identifies equipment and/or structures that could fail, resulting in
an impact. Spill plans shall include provisions for regular inspection, repair,
replacement of structures and equipment that could fail, and mitigation and
cleanup in the event of a spill; and
4. Best management practices proposed to be utilized.
21.50.540 Fish and Wildlife Habitat Conservation Areas - Shoreline Critical Area
Regulations
A. This section applies to all clearing, uses, modifications, or development activities within
designated fish and wildlife habitat conservation areas (FWHCAs) and associated
buffers.
B. Designation. All areas meeting one or more of the following criteria, regardless of any
formal identification, are hereby designated FWHCAs:
Exhibit 1: Ordinance 21-007 Page 52 of 72
1. The shoreline buffer as mapped by the City, which protects riparian habitat, and
the waters and land underneath the Spokane River are FVVHCAs. The City protects
shoreline functions of these through the Shoreline Buffer established in SVMC 21.50.230
and the vegetation conservation standards in SVMC 21.50.260.
2. Areas where the following species and/or habitats have a primary association:
a. Federally designated endangered and threatened species. The U.S. Fish
and Wildlife Service (USFWS) and the National Marine Fisheries Service
shall be consulted for current listing status.
b. State-designated endangered, threatened, and sensitive species
pursuant to WAC 232-12-014 (state endangered species) and WAC 232-
12-011 (state threatened and sensitive species). The WDFW maintains
the most current listing and shall be consulted for current listing status.
c. State priority habitats and areas associated with state priority species.
Priority habitats and species (PHS) are managed by the WDFW. Priority
habitat maps are amended from time to time by WDFW. Within the City,
priority habitats include wetlands, open waterways, riparian areas, urban
open space, and the habitat associated with individual native species.
Priority habitat data is included in the City's Fish and Wildlife Habitat Critical
Areas Map,
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that
provide fish or wildlife habitat, including those artificial ponds intentionally created
from upland areas for mitigation purposes. Naturally occurring ponds do not
include ponds deliberately designed and created from dry sites, such as
stormwater treatment or detention facilities, wastewater treatment facilities,
temporary construction ponds, and landscape amenities. To distinguish between
ponds and wetlands, refer to current state or federal definitions and guidance.
4. Ponds or lakes artificially created as a result of mining once mining is complete
and the mine reclamation plan has been implemented and deemed complete by
❑NR.
5. Waters of the State. Waters of the state include lakes, rivers, ponds, streams,
inland waters, underground waters, salt waters, and all other surface waters and
watercourses, including wetlands, within the jurisdiction of the state of
Washington, as classified in WAC 222-16-030. Water type classifications are as
follows:
a. "Type S water" means all waters, within their bankable width, as
inventoried as "shorelines of the state" pursuant to chapter 90.58 RCW
and the rules promulgated pursuant to chapter 90.58 RCW including
periodically inundated areas of their associated wetlands. Type S waters
have mean annual flows averaging 20 or more cubic feet per second.
b. "Type F water" means segments of natural waters other than Type S
waters, which are within the bankfull widths of defined channels and
periodically inundated areas of their associated wetlands, or within lakes,
ponds, or impoundments having a surface area of one-half acre or
greater at seasonal low water and which in any case contain fish habitat
or are described by one of the following four categories:
Waters that are diverted for domestic use by more than 10
residential or camping units or by a public accommodation facility
licensed to serve more than 10 persons, where such diversion is
determined by the City to be a valid appropriation of water and the
only practical water source for such users. Such waters shall be
considered to be Type F water upstream from the point of such
Exhibit 1: Ordinance 21-007 Page 53 of 72
diversion for 1,500 feet or until the drainage area is reduced by 50
percent, whichever is less.
ii. Waters that are diverted for use by federal, state, tribal, or private
fish hatcheries. Such waters shall be considered Type F water
upstream from the point of diversion for 1,500 feet, including
tributaries, if highly significant for protection of downstream water
quality. The City may allow additional harvest beyond the
requirements of Type F water designation provided the City
determines, after a landowner-requested on-site assessment by
the WDFW, Ecology, the affected tribes, and interested parties
that:
(1) The management practices proposed by the landowner
adequately protect water quality for the fish hatchery; and
(2) Such additional harvest meets the requirements of the
water type designation that would apply in the absence of
the hatchery.
iii. Waters that are within a federal, state, local, or private
campground having more than 10 camping units, provided that the
water shall not be considered to enter a campground until it
reaches the boundary of the park lands available for public use
and comes within 100 feet of a camping unit, trail, or other park
improvement.
iv. Riverine ponds, wall-based channels, and other channel features
that are used by fish for off-channel habitat. These areas are
critical to the maintenance of optimum survival of fish. This
habitat shall be identified based on the following criteria:
(1) The site is connected to a fish habitat stream and
accessible during some period of the year; and
(2) The off-channel water is accessible to fish.
c. "Type Np water" means all segments of natural waters within the bankfull
width of defined channels that are perennial non-fish habitat streams.
Perennial streams are waters that do not go dry any time of a year of normal
rainfall. However, for the purpose of water typing, Type Np waters include
the intermittent dry portions of the perennial channel below the uppermost
point of perennial flow. If the uppermost point of perennial flow cannot be
identified with simple, nontechnical observations then Type Np waters
begin at a point along the channel where the contributing basin area is at
least 300 acres.
d. "Type Ns water" means all segments of natural waters within the bankfull
width of the defined channels that are not Type S, F, or Np waters. These
are seasonal, nonfish habitat streams in which surface flow is not present
for at least some portion of a year of normal rainfall and that are not located
downstream from any stream reach that is a Type Np water. Type Ns
waters must be physically connected by an aboveground channel system
to Type S, F, or Np waters.
6. State Natural Area Preserves and Natural Resource Conservation Areas. Natural
area preserves and natural resource conservation areas are defined, established,
and managed by the DNR.
7. Areas of Rare Plant Species and High Quality Ecosystems. Areas of rare plant
species and high quality ecosystems are identified by the DNR through the Natural
Heritage Program.
Exhibit 1: Ordinance 21-007 Page 54 of 72
8. Lands designated on state, regional, or local government agency plans (e.g. parks
or transportation) as useful or essential for preserving connections between habitat
blocks and open spaces.
C. Habitat Buffers and Riparian Management Zones.
1. Buffers to protect state- or federally designated sensitive wildlife FWHCAs shall
be based on the recommendations of a FWHCA critical area report prepared by
a qualified professional pursuant to SVMC 21.50.540(F). Habitat buffers shall
not exceed 100 horizontal feet from the edge of the FWHCA.
2. Riparian Management Zones for Waters of the State.
a. Designation. Riparian management zones (RMZs) are based on the
water type classification as described in SVMC 21.50.540(B). RMZs are
measured perpendicular to the ordinary high water line or bankfull
channel width boundary of a delineated stream. RMZ widths are
summarized as follows:
Table 21.50-9. Riparian Management Zones Buffer Widths
Stream Classification RMZ Width
Type S—Shorelines of the state See SVMC
21.50.230
Type F— Natural waters not classified as 150'
shorelines of the state with fish (e.g.
Chester and Saltese Creeks)
Type Np— Non-fish, perennial 50'
Type Ns— Non-fish, seasonal 30'
b. RMZ Requirements.
RMZs shall be retained or maintained in a natural condition, and
vegetation within RMZs shall be conserved as feasible to provide
shade, habitat, and water quality functions for the associated
stream.
ii. Where activities are proposed within a RMZ, mitigation measures
shall be specified in a habitat management plan and may include
but are not limited to one or more of the following:
(1) Fencing of riparian buffer area to protect remaining
vegetation;
(2) Non-native/noxious weed removal and maintenance;
and/or
(3) Enhancement of RMZ through planting of native
vegetation.
iii. Proposed pedestrian/bike trails shall demonstrate though best
available science that the location and width of the trail minimizes
any adverse impacts on habitat and that measures to reduce
effects during construction are implemented.
iv. Off-road motorized vehicle use in riparian management zones is
prohibited.
Exhibit 1: Ordinance 21-007 Page 55 of 72
D. Performance standards. All development and uses shall be prohibited within FWHCAs
and their buffers except when they are in accordance with this subsection (SVMC
21.50.540(D)).
1. No Net Loss. A FWHCA buffer may be altered only if the proposed alteration of
the habitat or the mitigation proposed does not create a net loss of the
quantitative and qualitative shoreline ecological functions necessary to sustain
the FWHCA.
2. No plant, wildlife, or fish species not indigenous to the region shall be introduced
into a FWHCA unless authorized by a state or federal permit or approval.
3. Contiguous functioning habitat corridors are preferred to minimize the isolating
effects of development on habitat areas.
4. Vegetation.
a. Vegetation shall be maintained in its natural state and shall be disturbed
only as minimally necessary for the development.
b. Riparian vegetation shall not be removed unless there are no other
alternatives available, as documented in a habitat management plan
prepared by a qualified professional. When it is necessary, only those
areas of vegetation that are absolutely unavoidable may be cleared, and
shall be re-vegetated with natural riparian vegetation as soon as possible.
5. The subdivision and short subdivision of land shall comply with the following
provisions:
a. Plat area that is located wholly within a FWHCA or its buffer may not be
subdivided;
b. Plat area that is located partially within a FWHCA or its buffer may be
divided; provided, that an accessible and contiguous portion of each new
lot is located outside of the habitat conservation area or its buffer; and
c. Access roads and utilities serving the proposal may be permitted within
the FWHCA and associated buffers only if the City determines that no
other feasible alternative exists and when consistent with Chapter 21.50
SVMC.
6. A project may be conditioned to minimize or mitigate any potential adverse
impacts. Conditions may include, but are not limited to, the following:
a. Establishment of buffer zones;
b. Preservation of critically important vegetation, including requirements for
re-vegetation of disturbed areas with native plants;
c. Vegetation screenings to reduce the potential for harassment from people
and/or domesticated animals;
d. Limitation of access to the habitat area during critical times of the year;
e. Fencing to protect wildlife and deter unauthorized access;
f. Dedication of all or part of the required open space to fish and wildlife
habitat conservation; and
g. Seasonal restriction of construction activities.
7. FWHCAs with endangered, threatened, or sensitive species.
a. No development shall be allowed within a FWHCA or buffer where state
or federal endangered, threatened, or sensitive species have a primary
association without state and federal consultation and approval from
WDFW and USFWS, respectively.
b. Approval for alteration of land or activities adjacent to a FWHCA having a
primary association with state or federally endangered, threatened, or
sensitive species shall not occur prior to consultation with the WDFW.
Exhibit 1: Ordinance 21-007 Page 56 of 72
c. Bald eagle habitat shall be protected consistent with the federal Bald and
Golden Eagle Protection Act and the Migratory Bird Treaty Act, which may
require coordination with the USFWS.
E. Fish and wildlife habitat mitigation.
1. When necessary, fish and wildlife habitat mitigation shall be documented in a
habitat management plan (See SVMC 21.50.540(F)(1)).
2. Mitigation sites shall be located:
a. Preferably to achieve contiguous functioning habitat corridors that
minimize the isolating effects of development on habitat areas; and
b. Within the same aquatic ecosystem as the FWHCA disturbed.
3. Where available, irrigation shall be installed for the mitigation plantings to ensure
survival during the first two years of plant growth.
4. Landscaping plans shall be informed by local reference riparian and shrub-
steppe vegetation conditions and be prepared by a qualified professional or
landscape architect. Only native vegetation may be used in habitat mitigation
plans, excluding sterile vegetation used for temporary erosion control.
5. Mitigation shall be installed no later than the next growing season after
completion of site improvements, unless otherwise approved by the City
Manager.
6. Mitigation sites shall be maintained to ensure that the mitigation and
management plan objectives are successful.
a. Maintenance shall include corrective actions to rectify problems, include
rigorous, as-needed elimination of undesirable plants; protection of
shrubs and small trees from herbivory and competition by grasses and
herbaceous plants; and repair and replacement of any dead woody
plants.
b. Areas proposed for mitigation shall be maintained so they have no more
than 20 percent total plant cover consisting of invasive species. Invasive
species include any species on the state noxious weed list.
7. Monitoring Required. An applicant shall monitor the performance of any required
mitigation and submit performance monitoring reports annually to the City.
a. Mitigation sites shall be monitored for a period of time appropriate to the
proposed mitigation as determined in a habitat management plan
prepared by a qualified professional.
b. At the end of the monitoring period, the qualified professional shall be
required to verify that the conditions of approval and provisions in the
habitat management plan have been satisfied.
c. Mitigation planting survival shall be 100 percent for the first year and 80
percent for each subsequent year.
d. If the final annual monitoring report clearly demonstrates that the site has
achieved all goals and objectives set forth in the approved habitat
management plan, the applicant shall be released from additional
mitigation obligations. If, however, performance objectives are not met,
additional maintenance, adaptive management, and performance
monitoring shall be required until all objectives are met.
F. Additional critical area report requirements for FWHCAs.
1. Report Contents. In addition to the critical area report requirements in SVMC
21.50.500, FWHCA reports shall include:
a. Habitat assessment, including:
Exhibit 1: Ordinance 21-007 Page 57 of 72
Detailed description of vegetation on and adjacent to the project
area;
ii. Identification of any species of local importance, PHS, or
endangered, threatened, sensitive, or candidate species that have
a primary association with habitat on or adjacent to the project
area, and assessment of potential project impacts to the use of
the site by the species;
iii. A discussion of any federal, state, or local special management
recommendations, including WDFW habitat management
recommendations, that have been developed for species or
habitats located on or adjacent to the project area;
iv. A discussion of measures, including mitigation sequencing,
proposed to preserve existing habitats or restore any habitat that
was degraded prior to the current proposed land use activity; and
v. A discussion of ongoing management practices that will protect
habitat after the project site has been developed, including
proposed monitoring and maintenance programs.
b. Habitat Management Plan. Any proposal in a FWHCA or within one-
quarter mile of a priority species den or nest site shall provide a habitat
management plan which includes at least the following:
A plan, drawn to scale, that identifies:
(1) The location of the proposed site;
(2) The relationship of the site to surrounding topography and
developed areas;
(3) The nature and intensity of the proposed use or activity;
(4) Proposed improvement(s) locations and arrangements;
(5) The location of the ordinary high water mark, shoreline
jurisdiction, and RMZ boundary lines;
(6) The legal description and the total acreage of the parcel;
(7) Existing structures and landscape features including the
name and location of all waters within 300 feet of the
proposal; and
(8) The location of priority habitat types or priority species
point locations within one-quarter mile of the proposal.
ii. An analysis of the effect of the proposed use or activity upon
FWHCAs or associated species and riparian habitat area.
iii. A mitigation plan that may include, but is not limited to:
(1) Establishment of perpetual buffer areas;
(2) Preservation and/or restoration of native flora;
(3) Limitation of access to habitat area;
(4) Seasonal restriction of construction activities;
(5) Clustering of development and preservation of open
space;
(6) Signs marking habitats or habitat buffer areas;
(7) Use of low impact development techniques;
(8) Recorded deed, plat, binding site plan, or planned unit
development covenant, condition, or restriction legally
establishing a riparian FWHCA for subject property;
(9) Conservation or preservation easements; and
(10) Dedication or conveyance of title of a riparian habitat area
to a public entity for the purpose of conservation.
•
Exhibit I: Ordinance 21-007 Page 58 of 72
iv. A summary of consultation with the WDFW. If the habitat
management plan recommends mitigation involving federally
listed threatened or endangered species, migratory waterfowl, or
wetlands, the USFWS shall receive a copy of the draft habitat
management plan and their review comments shall be included in
the final report. The City Manager shall have the authority to
approve habitat management plans or require additional
information.
2. Conditions established by an approved habitat management plan shall be
included as a condition of approval for a permit.
21.50.550 Geologically Hazardous Areas - Shoreline Critical Area Regulations
A. Applicability.
1. This section applies to all uses, activities, and structures within designated
geologically hazardous areas.
2. Applications for development within the shoreline jurisdiction shall identify if it is
located within a geohazard area as designated on the City Critical Areas and
Priority Habitats Map. The City Manager may require additional information
based on the criteria in SVMC 21.50.550 to identify unmapped geohazards if
application material and/or a site visit indicate the potential for geohazard.
B. Designation and classification.
1. Areas susceptible to erosion, sliding earthquake, or other geological events are
designated geologically hazardous areas in accordance with WAC 365-190-120,
Geologically Hazardous Areas.
2. Categories.
a. Erosion hazard areas are identified by the NRCS as having a "moderate
to severe," "severe," or "very severe" rill and inter-rill erosion hazard.
Erosion hazard areas also include areas with slopes greater than 15
percent.
b. Landslide hazard areas are subject to landslides based on a combination
of geologic, topographic, and hydrologic factors. They include areas
susceptible because of any combination of bedrock, soil, slope, slope
aspect, structure, hydrology, or other factors and include the following:
Areas of historic failures, including:
(1) Areas delineated by the NRCS as having a significant
limitation for building site development; and
(2) Areas designated as quaternary slumps, earthflows,
mudflows, lahars, or landslides on maps published by the
United States Geological Survey or WDNR;
ii. Areas with all of the following characteristics:
(1) Slopes steeper than 15 percent;
(2) Hillsides intersecting geologic contacts with a relatively
permeable sediment overlying a relatively impermeable
sediment or bedrock; and
(3) Springs or groundwater seepage;
iii. Areas that have shown movement during the holocene epoch
(from 10,000 years ago to the present) or which are underlain or
covered by mass wastage debris of this epoch;
Exhibit 1: Ordinance 21-007 Page 59 of 72
iv. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials;
v. Slopes having gradients steeper than 80 percent subject to rock
fall during seismic shaking;
vi. Areas potentially unstable as a result of rapid stream incision,
stream bank erosion, and undercutting by wave action, including
stream channel migration zones;
vii. Areas that show evidence of, or are at risk from snow avalanches;
viii. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic
flooding; and
ix. Any area with a slope of 40 percent or steeper and with a vertical
relief of 10 or more feet except areas composed of bedrock. A
slope is delineated by establishing its toe and top and measured
by averaging the inclination over at least 10 feet of vertical relief.
c. Seismic hazard areas are subject to severe risk of damage as a result of
earthquake induced ground shaking, slope failure, settlement or
subsidence, soil liquefaction, or surface faulting. One indicator of
potential for future earthquake damage is a record of past earthquake
damage.
C. Standards applicable to all geologic hazard areas.
1. Any development or uses proposed within 50 feet of a geologic hazard area shall
prepare a critical areas report satisfying the general critical area report
requirements in SVMC 21.50.500 and the additional standards for Geologic
Hazard Areas in SVMC 21.50.550(E).
2. Development or uses within geologically hazardous areas or associated buffers
shall only be allowed when the proposed development or use:
a. Does not increase the threat of the geological hazard to adjacent
properties beyond pre-development conditions;
b. Does not adversely impact other critical areas;
c. Is designed so that the hazard is eliminated or mitigated to a level equal
to or less than pre-development conditions; and
d. Is determined to be safe as designed and under anticipated conditions by
a Qualified Professional.
3. New development that requires structural shoreline stabilization over the life of
the development is prohibited, except in instances where:
a. Stabilization is necessary to protect allowed uses consistent with SVMC
21.50.420(B)(5);
b. No alternative locations are available;
c. Shoreline modifications do not negatively affect other critical areas
pursuant to SVMC 21.50.460; and
d. Stabilization measures conform to WAC 173-26-231, Shoreline
Modifications.
D. Standards applicable to erosion and landslide hazard areas.
1. Development within an Erosion or Landslide Hazard Area and/or buffer shall be
designed to meet the following basic requirements unless it can be demonstrated
that an alternative design that deviates from one or more of these standards
provides greater long-term slope stability while meeting all other provisions of the
Exhibit 1: Ordinance 21-007 Page 60 of 72
SMP. The requirement for long-term slope stability shall exclude designs that
require regular and periodic maintenance to maintain their level of function:
a. Development shall not decrease the factor of safety for landslide
occurrences below the limits of 1.5 for static conditions and 1.2 for
dynamic conditions. Analysis of dynamic conditions shall be based on a
minimum horizontal acceleration as established by the Uniform Building
Code as adopted or amended;
b. Structures and improvements shall be clustered to avoid geologically
hazardous areas and other critical areas;
c. Structures and improvements shall minimize alterations to the natural
contour of the slope and foundations shall be tiered where possible to
conform to existing topography;
d. Structures and improvements shall be located to preserve the most
critical portion of the site and its natural landforms and vegetation;
e. The proposed development shall not result in greater risk or a need for
increased buffers on neighboring properties;
f. The use of retaining walls that allow the maintenance of existing natural
slope area is preferred over graded artificial slopes; and
g. Development shall be designed to minimize impervious lot coverage.
2. Buffers from all edges of Erosion or Landslide Hazard Areas.
a. The minimum buffer shall be equal to the height of the slope or 50 feet,
whichever is greater.
b. The buffer may be reduced to a minimum of 10 feet when a Qualified
Professional demonstrates that the reduction will adequately protect the
proposed development, adjacent developments and uses, and the subject
critical area.
c. The buffer may be increased where the City Manager determines a larger
buffer is necessary to prevent risk of damage to proposed and existing
development.
3. Removal of vegetation from an Erosion or Landslide Hazard Area and/or buffer
shall be prohibited unless as part of an approved alteration plan consistent with
SVMC 21,50.260 Shoreline Vegetation Conservation.
4. New utility lines and pipes shall be permitted only when the Applicant
demonstrates that no other practical alternative is available. The line or pipe
shall be located above ground and properly anchored and/or designed so that it
will continue to function in the event of an underlying slide.
5. Stormwater conveyance shall be allowed only when the pipe design includes a
high-density polyethylene pipe with fuse-welded joints, or similar product that is
technically equal or superior.
6. New point discharges from drainage facilities and roof drains onto or upstream
from Erosion or Landslide Hazard Areas shall be prohibited except as follows:
a. If it is conveyed via continuous storm pipe downslope to a point where
there are no erosion hazards areas downstream from the discharge;
b. If it is discharged at flow durations matching pre-developed conditions,
with adequate energy dissipation, into existing channels that previously
conveyed stormwater runoff in the pre-developed state; or
c. If it is dispersed or discharged upslope of the steep slope onto a low-
gradient undisturbed buffer demonstrated to be adequate to infiltrate all
surface and stormwater runoff, and where it can be demonstrated that
such discharge will not increase the saturation of the slope.
Exhibit 1: Ordinance 21-007 Page 61 of 72
7. Division of land in Erosion or Landslide Hazard Areas and associated buffers is
subject to the following:
a. Land that is located wholly within a designated Erosion or Landslide
Hazard Area or an associated buffer shall not be subdivided.
b. Land that is located partially within a designated Erosion or Landslide
Hazard Area or an associated buffer may be subdivided, provided that
each resulting lot has sufficient buildable area outside of the Erosion or
Landslide Hazard Area and buffer to accommodate reasonable
development without impacting the critical area or requiring structural
stabilization consistent with SVMC 21.50.180(B)(5) General Provisions.
c. Access roads and utilities may be permitted within an Erosion or
Landslide Hazard Area and associated buffers if the City determines that
no other feasible alternative exists.
8. On-site sewage disposal systems, including drain fields, shall be prohibited within
Erosion or Landslide Hazard Areas and associated buffers.
E. Additional critical areas report requirements for geologically hazardous areas reports.
In addition to the critical area report requirements in SVMC 21.50.500, geologically
hazardous area reports shall include:
1. A site plan showing the following:
a. The location of springs, seeps, or other surface expressions of
groundwater on or within 200 feet of the project area or that have
potential to be affected by the proposal;
b. The topography, in two-foot contours, of the project area and all hazard
areas addressed in the report; and
c. The following additional information for a proposal impacting an Erosion
Hazard or Landslide Hazard Area:
The height of slope, slope gradient, and cross section of the
project area;
ii. Stormwater runoff disposal location and flow patterns; and
iii. The location and description of surface water runoff.
2. A geotechnical study that addresses the geologic characteristics and engineering
properties of the soils, sediments, and/or rock of the project area and potentially
affected adjacent properties, including:
a. A description of the surface and subsurface geology, hydrology, soils, and
vegetation found in the project area and in all hazard areas addressed in
the report;
b. A detailed overview of the field investigations; published data and
references; data and conclusions from past assessments of the site; and
site specific measurements, test, investigations, or studies that support
the identification of geologically hazardous areas;
c. Site history regarding landslides, erosion, and prior grading;
d. A description of the vulnerability of the site to seismic and other geologic
events;
e. Proposals impacting an Erosion or Landslide Hazard Area shall include
the following additional information:
A description of the extent and type of vegetative cover;
ii. An estimate of load capacity including surface and groundwater
conditions, public and private sewage disposal systems, fills and
excavations, and all structural development;
Exhibit 1: Ordinance 21-007 Page 62 of 72
An estimate of slope stability and the effect construction and
placement of structures will have on the slope over the estimated
life of the structure;
iv. An estimate of the bluff retreat rate that recognizes and reflects
potential catastrophic events such as seismic activity or a 100
year storm event;
v. Consideration of the run-out hazard of landslide debris and/or the
impacts of landslide run-out on down slope properties;
vi. A study of slope stability including an analysis of proposed angles
of cut and fill, and site grading;
vii. Recommendations for building limitations, structural foundations,
and an estimate of foundation settlement; and
viii. An analysis of proposed surface and subsurface drainage, and the
vulnerability of the site to erosion;
f. A detailed description of the project, its relationship to the geologic
hazard(s), and its potential impact upon the hazard area, the subject
property, and affected adjacent properties;
g. Recommendations for the minimum no-disturbance buffer and minimum
building setback from any geologic hazard based upon the geotechnical
analysis;
h. A mitigation plan addressing how the activity maintains or reduces the
pre-existing level of risk to the site and adjacent properties on a long-term
basis (equal to or exceeding the projected lifespan of the activity or
occupation);
Proposals impacting an Erosion or Landslide Hazard Area shall include
the following additional information:
An erosion and sediment control plan prepared in compliance with
requirements set forth in SVMC 22.150 Stormwater Management
Regulations; and
ii. Drainage plan for the collection, transport, treatment, discharge,
and recycle of water;
j. Location and methods of drainage, surface water management, locations
and methods of erosion control, a vegetation management and replanting
plan, or other means for maintaining long-term soil stability; and
k. A plan and schedule to monitor stormwater runoff discharges from the
site shall be included if there is a significant risk of damage to
downstream receiving waters due to:
Potential erosion from the site;
ii. The size of the project; or
iii. The proximity to or the sensitivity of the receiving waters.
3. A geotechnical report, prepared within the last five years for a specific site, and
where the proposed land use activity and surrounding site conditions are
unchanged, may be incorporated into the required critical area report. The
Applicant shall submit a geotechnical assessment detailing any changed
environmental conditions associated with the site.
21.50.560 Frequently Flooded Areas - Shoreline Critical Area Regulations
A. Incorporation and applicability. SVMC 21.30 Floodplain Regulations are incorporated by
reference herein and apply to all uses, activities, and structures within frequently flooded
areas.
Exhibit I: Ordinance 21--007 Page 63 of 72
B. Additional critical areas report requirements for frequently flooded areas. In addition to
the critical area report requirements in SVMC 21.50.500, critical area reports for
frequently flooded areas shall include:
1. A site plan showing:
a. All areas of a special flood hazard within 200 feet of the project area, as
indicated on the flood insurance map(s);
b. Floodplain (100-year flood elevation), 10- and 50-year flood elevations,
floodway, other critical areas, buffers, and shoreline areas; and
c. Elevation of the lowest floor (including basement) of all structures, and
the level to which any nonresidential structure has been flood proofed.
Alterations of natural watercourses shall be avoided, if feasible. If
unavoidable, the critical area report shall include:
A description of and plan showing the extent to which a
watercourse will be altered or relocated;
ii. A maintenance plan that provides maintenance practices for the
altered or relocated portion of the watercourse to ensure that the
flood carrying capacity is not diminished and downstream or
upstream properties are not impacted; and
iii. A description of how the proposed watercourse alteration
complies with the requirements of FWHCAs, the SMP, and other
applicable state or federal permit requirements.
Exhibit 1; Ordinance 21-007 Page 64 of 72
Appendix A-1 Shoreline Master Program Definitions
A. General Provisions.
The definitions provided herein are supplemental to the definitions provided in Appendix A and
only apply for use with the City's SMP, including chapter 21.50 Spokane Valley Municipal Code
(SVMC). Solely for purposes of the City's SMP, if a conflict exists between these definitions and
definitions in Appendix A, the definitions in Appendix A-1 shall govern. The definition of any word
or phrase not listed in Appendix A-1 which is ambiguous when administering the SMP shall be
defined by the City's Community Development Director, or his/her designee, from the following
sources in the order listed:
1. Any City of Spokane Valley resolution, ordinance, code, or regulation;
2. Any statute or regulation of the State of Washington;
3. Legal definitions from the Hearings Board, from Washington common law, or the
most recently adopted Black's Law Dictionary; or
4. The most recently-adopted Webster's New Collegiate Dictionary.
B. Definitions.
Accessory or appurtenant structures: A structure that is necessarily connected to the use and
enjoyment of a single-family residence, including garages, sheds, decks, driveways, utilities,
fences, swimming pools, hot tubs, saunas, tennis courts, installation of a septic tank and
drainfield, and grading which does not exceed 250 cubic yards and does not involve placement
of fill in any wetland or waterward of the OHWM.
Agricultural activities: Relating to the science or art of cultivating soil or producing crops to be
used or consumed directly or indirectly by man or livestock, or raising of livestock. The term has
the full meaning as set forth in WAC 173-26-020(3)(a) as adopted or amended.
Amendment: A revision, update, addition, deletion, and/or reenactment to an existing SMP.
Applicant: A person who files an application for permit under the SMP and may be the owner of
the land on which the proposed activity would be located, a contract purchaser, or the authorized
agent of such a person,
Aquaculture: The culture or farming of fish, shellfish, or other aquatic plants and animals.
Associated wetlands: Those wetlands (see "Wetlands" definition) that are in proximity to and
either influence, or are influenced by, a lake or stream subject to the SMA.
Average grade level: The average of the natural or existing topography of the portion of the lot,
parcel, or tract of real property which will be directly under the proposed building or structure;
provided that in case of structures to be built over water, average grade level shall be the elevation
of OHWM. Calculation of the average grade level shall be made by averaging the elevations at
the center of all exterior walls of the proposed building or structure.
Best Management Practices (BMPs): Site-specific design strategies, techniques, technologies,
conservation and maintenance practices, or systems of practices and management measures
that minimize adverse impacts from the development or use of a site.
Bioengineering: Project designs or construction methods which use living plant material or a
combination of living plant material and natural or synthetic materials to establish a complex root
grid within the bank which is resistant to erosion, provides bank stability, and promotes a healthy
riparian environment. Bioengineering approaches may include use of wood structures or clean
angular rock to provide stability.
Exhibit 1: Ordinance 21-007 Page 65 of 72
Boating facilities: Boating facilities include boat launches, ramps, public docks, commercial
docks, and private docks serving more than four residences, together with accessory uses such
as Americans with Disabilities Act-compliant access routes, boat and equipment storage, user
amenities such as benches and picnic tables, and restroom facilities.
Buffer or Shoreline buffer: The horizontal distance from the OHWM or critical area which is
established to preserve shoreline or critical area functions by limiting or restricting development.
See Appendix A-2, Shoreline Buffers Map. Permitted development and activities within buffers
depend on the type of critical area or resource land the buffer is protecting.
Clearing: The destruction or removal of ground cover, shrubs, and trees including, but not limited
to, root material removal and/or topsoil removal.
Commercial uses: Those uses that are involved in wholesale, retail, service, and business trade.
Examples of commercial uses include restaurants, offices, and retail shops.
Conditional use: A use, project, or substantial development which is classified as a conditional
use or is not classified within the SMP.
Degrade: To impair with respect to some physical or environmental property or to reduce in
structure or function.
Development: A use consisting of the construction or exterior alteration of structures; dredging;
drilling; 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 overlying lands subject to the SMA at any stage of water
level. "Development" does not include dismantling or removing structures if there is no other
associated development or re-development.
Development regulations: The controls placed on development or land uses by the City,
including, but not limited to, zoning ordinances, building codes, critical areas ordinances, all
portions of the SMP 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.
Dock: A floating platform over water used for moorage of recreational or commercial watercraft.
Dredging: The removal of sediment, earth, or gravel from the bottom of a body of water, for the
deepening of navigational channels, to mine the sediment materials, to restore water bodies, for
flood control, or for cleanup of polluted sediments.
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.
Ecology: Washington State Department of Ecology.
Ecosystem-wide process: 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.
Enhancement: Alteration of an existing resource to improve its ecological function without
degrading other existing functions.
Exemption or Exempt development: Exempt developments are those set forth in WAC 173-
27-040 and RCW 90.58.030(3)(e), RCW 90.58.140(9), ROW 90.58.147, RCW 90.58.355, and
RCW 90.58.515. See also "Shoreline exemption, letter of".
Exhibit 1: Ordinance 21-007 Page 66 of 72
Feasible: An action, such as a project, mitigation measure, or preservation requirement, which
meets all of the following conditions:
1. The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or studies or tests have demonstrated
in similar circumstances that such approaches are currently available and likely
to achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose;
3. The action does not physically preclude achieving the project's intended legal
use; and
4. In cases where the SMP requires certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the City may weigh the action's relative public costs and public
benefits, considered in the short- and long-term time frames.
Fill: The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material
to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the
elevation or creates dry land. Depositing topsoil in a dry upland area for landscaping purposes is
not considered a fill.
Flood hazard reduction: Measures taken to reduce flood damage or hazards. Flood hazard
reduction measures may consist of nonstructural measures, such as setbacks, land use controls,
wetland restoration, dike removal, use relocation, biotechnical measures, and stormwater
management programs, and of structural measures, such as dikes, levees, revetments,
floodwalls, channel realignment, and elevation of structures consistent with the National Flood
Insurance Program.
Footprint: That area defined by the outside face of the exterior walls of a structure.
Forest practices: Any activity relating to growing, harvesting, or processing timber, including,
but not limited to, uses defined in RCW 76.09.020.
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.
Habitat: The place or type of site where a plant or animal lives and grows.
Habitat enhancement: Actions performed within an existing shoreline, critical area, or buffer to
intentionally increase or augment one or more ecological functions or values, such as increasing
aquatic and riparian plant diversity or cover, increasing structural complexity, installing
environmentally compatible erosion controls, or removing non-indigenous plant or animal species.
Hearings Board: The Shoreline Hearings Board established by the SMA.
Height: Height is measured from average grade level to the highest point of a structure; provided
that television antennas, chimneys, and similar appurtenances shall not be used in calculating
height; provided further that temporary construction equipment is excluded from this calculation.
In-stream structure: A structure placed by humans within a stream or river waterward of the
OHWM that either causes or has the potential to cause water impoundment or cause the
diversion, obstruction, or modification of water flow. In-stream structures may include those for
hydroelectric generation, irrigation, water supply, flood control, transportation, utility service
transmission, fish habitat enhancement, recreation, or other purpose.
Industrial uses: Facilities for processing, manufacturing, fabrication, assembly, and storage of
finished or semi-finished products.
Exhibit 1: Ordinance 21-007 Page 67 of 72
Landward: To, or towards, the land in a direction away from a water body.
May: The action is acceptable, provided it conforms to the provisions of this SMP.
Mining: The removal of sand, gravel, soil, minerals, and other earth materials for commercial
and other uses.
Mitigation or Mitigation sequencing: To avoid, minimize, or compensate for adverse impacts.
Native: For the purposes of this SMP, "native" means a plant or animal species that naturally
occurs in Spokane County, or occurred in Spokane County at the time of Euro-American
exploration and settlement, beginning in the early 19th century.
No net loss: The standard for protection of shoreline ecological functions established in RCW
36.70A.480 as adopted or amended, and as that standard is interpreted on an on-going basis by
courts, the Growth Management Hearings Board, or the Hearings Board. The concept of"no net
loss" as used herein, recognizes that any use or development has potential or actual, short-term
or long-term impacts which may diminish ecological function and that through application of
appropriate development standards and employment of mitigation measures in accordance with
mitigation sequencing, those impacts will be addressed in a manner necessary to assure that the
end result will not cumulatively diminish the shoreline resources and values as they currently
exist. Where uses or development that impact ecological functions are necessary to achieve
other objectives of RCW 90.58.020, the no net loss standard protects to the greatest extent
feasible existing ecological functions and favors avoidance of new impacts to habitat and
ecological functions before implementing other measures designed to achieve no net loss of
ecological functions.
Nonconforming lot: means a legally established lot that met dimensional requirements of the
applicable master program at the time of its establishment but now contains less than the required
width, depth, or area due to subsequent changes to the master program.
Nonconforming structure: A structure within shoreline jurisdiction which was lawfully
constructed or established within the application process prior to the effective date of the SMA or
the SMP, or amendments thereto, but which does not conform to present regulations or standards
of the SMP.
Nonconforming use: A shoreline use which was lawfully established or established within the
application process prior to the effective date of the SMA or the SMP, or amendments thereto,
but which does not conform to present regulations or standards of the SMP.
Non water-oriented uses: Any uses that are not water-dependent, water-related, or water-
enjoyment as defined by the SMP.
Off-site mitigation: To replace wetlands or other shoreline environmental resources away from
the site on which a resource has been impacted by an activity.
Ordinary high water mark (OHWM): The 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
the City, provided that in any area where the OHWM cannot be found, the OHWM adjoining
freshwater shall be the line of mean high water.
Pier: A fixed platform over water used for moorage of recreational or commercial watercraft.
Priority habitats and species: Habitats and species designated by the Washington Department
of Fish and Wildlife as requiring protective measures for their survival due to population status,
Exhibit 1: Ordinance 21-007 Page 68 of 72
sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance, Priority
species include State Endangered, Threatened, Sensitive, and Candidate species; animal
aggregations (such as bat colonies) considered vulnerable; and species of recreational,
commercial, or tribal importance that are vulnerable. Washington Department of Fish and Wildlife
maintains maps of known locations of priority habitats and species in Washington State.
Provisions: Policies, regulations, standards, guideline criteria, or environment designations.
Public access: The ability of the general public to reach, touch, and enjoy the water's edge, to
travel on the waters of the state, and to view the water and the shoreline from adjacent locations.
Public facilities: Facilities and structures, operated for public purpose and benefit, including, but
not limited to, solid waste handling and disposal, water transmission lines, sewage treatment
facilities and mains, power generating and transfer facilities, gas distribution lines and storage
facilities, stormwater mains, and wastewater treatment facilities.
Qualified professional: A person who, in the opinion of the Director, has appropriate education,
training and experience in the applicable field to generate a report or study required in this SMP.
1. For reports related to wetlands, this means a certified professional wetland
scientist or a non-certified professional wetland scientist with a minimum of five
years' experience in the field of wetland science and with experience preparing
wetland reports.
2. For reports related to critical aquifer recharge areas, this means a
hydrogeologist, geologist, or engineer, who is licensed in the State of
Washington and has experience preparing hydrogeologic assessments.
3. For reports related to fish and wildlife habitat conservation areas this means a
biologist with experience preparing reports for the relevant type of habitat.
4. For reports related to geologically hazardous areas this means a geotechnical
engineer or geologist, licensed in the State of Washington, with experience
analyzing geologic, hydrologic, and ground water flow systems.
5. For reports related to frequently flooded areas this means a hydrologist or
engineer, licensed in the State of Washington with experience in preparing flood
hazard assessments.
6. For reports related to cultural and archaeological resources and historic
preservation, this means a professional archaeologist or historic preservation
professional.
RCW: Revised Code of Washington.
Recreational use: Commercial and public facilities designed and used to provide recreational
opportunities to the public.
Residential use: Uses for residential purpose.
Restore, restoration, or ecological restoration: The reestablishment 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. Restoration does not imply a requirement for returning the
shoreline area to aboriginal or pre-European settlement conditions.
Riparian area: The interface area between land and a river or stream. The area includes plant
and wildlife habitats and communities along the river margins and banks.
Exhibit 1: Ordinance 21-007 Page 69 of 72
Setback or shoreline setback: The minimum required distance between a structure and the
shoreline buffer that is to remain free of structures.
Shall: An action that is mandatory and not discretionary.
Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions
as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas
landward 200 feet from such floodways; and all wetlands associated with the streams and lakes
which are subject to the provisions of the SMA and the SMP; all of which will be designated as to
location by Ecology.
Shoreline exemption, letter of: Documentation provided by the City that proposed development
qualifies as an Exempt Development (as that term is defined herein) and that the proposed
development is consistent with chapter 21.50 SVMC and other local and state requirements,
including the State Environmental Policy Act as adopted or amended when applicable.
Shoreline jurisdiction and shoreline areas: All "shorelines of the state" and "shorelands".
Shoreline Management Act (SMA): The Shoreline Management Act of 1971 as set forth in
chapter 90.58 RCW as adopted or amended.
Shoreline Master Program (SMP): The comprehensive use plan applicable to the shorelines of
the state within the City, including the use regulations, together with maps, goals and policies,
and standards developed in accordance with the policies enunciated in RCW 90.58.020.
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,
pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other
actions, such as clearing, grading, or application of chemicals.
Shoreline permit(s): Means any substantial development, variance, conditional use permit, or
revision authorized under chapter 21.50 SVMC and chapter 90.58 RCW.
Shoreline stabilization: Actions taken to prevent or mitigate erosion impacts to property or
structures caused by shoreline processes such as currents, floods, or wind action. Shoreline
stabilization includes, but is not limited to, structural armoring approaches such as bulkheads,
bulkhead alternatives, and nonstructural approaches such as bioengineering.
Shoreline substantial development permit: A permit required by the SMP for substantial
development within the shoreline jurisdiction.
Shorelines: All of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them, except (a) shorelines of statewide
significance; (b) shorelines on segments of streams upstream of a point where the mean annual
flow is 20 cubic feet per second or less and the wetlands associated with such upstream
segments; and (c) shorelines on lakes less than 20 acres in size and wetlands associated with
such small lakes.
Shorelines of statewide significance: Has the meaning as set forth in RCW 90.58.030(2)(f) as
adopted or amended.
Shorelines of the state: The total of all "shorelines" and "shorelines of statewide significance"
within the state.
Should: An action which is required unless there is a demonstrated, compelling reason based
on policy of the SMA and the SMP, against taking the action.
Substantial development: Any development of which the total cost or fair market value exceeds
$6,416, or any development which materially interferes with the normal public use of the water or
Exhibit 1: Ordinance 21-007 Page 70 of 72
shorelines of the state. The current thresholds will be adjusted for inflation by the State Office of
Financial Management every five years, beginning from July 1, 2007.
Temporary impact: Impacts to a critical area that are less than one year and expected to be
restored following construction.
Transportation facilities: Facilities consisting of the means and equipment necessary for the
movement of passengers or goods.
Upland: Generally described as the dry land area above and landward of the OHWM.
Utilities: Services and facilities that produce, convey, store or process power, gas, sewage,
water, stormwater, communications, oil, and waste.
Variance: A process to grant relief from the specific bulk, dimensional, or performance standards
through submission of a shoreline variance. A variance is not a means to change the allowed
use of a shoreline.
Viewing platform: A platform located landward of the OHWM used for viewing pleasure.
WAC: Washington Administrative Code.
Water-dependent use: A use or portion of a use which cannot exist in a location that is not
adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its
operations.
Water-enjoyment use: A recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use; or a use that provides for recreational use or
aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic
of the use and which through location, design, and operation ensures the public's ability to enjoy
the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use,
the use must be open to the general public and the shoreline-oriented space within the project
must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
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 the shoreline jurisdiction, including
water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological
characteristics.
Water quantity: The flow rate and/or flow volume of stormwater or surface water. Where used
in the SMP, the term "water quantity" refers to uses and/or structures regulated under the SMP
affecting water quantity, such as impermeable surfaces and stormwater handling practices.
Water quantity, for purposes of the SMP, does not mean the withdrawal of groundwater 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:
1. 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
2. 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.
Wetlands: Areas that are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence
Exhibit 1. Ordinance 21-007 Page 71 of 72
of vegetation typically adapted for life in saturated soil conditions. 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.
Exhibit I: Ordinance 21-007 Page 72 of 72