Ordinance 14-020 Adopts Shoreline Master Program thru DevRegs CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-020
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON ADOPTING THE SHORELINE MASTER PROGRAM IN ORDER TO
SUBMIT THE DOCUMENT TO ECOLOGY FOR REVIEW AND APPROVAL, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, in 1972, the public adopted the Shoreline Management Act, codified at Chapter
90.58 RCW (SMA), by way of referendum to "prevent the inherent harm in an uncoordinated and
piecemeal development of the state's shorelines'; 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, RCW 90.58.020 directs local governments developing shoreline master programs to
give preference to uses in the shorelines in the following order of preference which: 1) recognize and
protect the State-wide interest over local interest; 2) preserve the natural character of the shoreline; 3)
result in long-term over short-term benefit; 4) protect the resources and ecology of the shorelines; 5)
increase public access to publicly-owned areas of the shorelines;6) increase recreational opportunities for
the public in the shoreline; and 7) provide for any other element as defined in RCW 90.5 8.100 deemed
appropriate or necessary; and
WHEREAS, in 2003, Ecology adopted new rules, pursuant to RCW 90.58.200, which gave
procedural and substantive direction to local jurisdictions for updating shoreline uses and regulations,
which became effective January 17,2004;and
WHEREAS, when it incorporated in 2003, the City of Spokane Valley (City) adopted Spokane
County's then-existing Shoreline Master Program as the City's Shoreline Master Program (SMP).
Pursuant to RCW 90.58.080, the City is required to adopt a comprehensive master program update
consistent with the criteria set forth in Ecology's guidelines(WAC 173-26); and
WHEREAS, two bodies of water within the City are regulated under the City's SMP, including
the Spokane River and Shelley Lake. The Spokane River is designated as a "shoreline of statewide
significance"and Shelley Lake, is designated as a"shoreline of the state";and
WHEREAS, in the fall of 2009, the City began its SMP update without the assistance of grant
funding from Ecology;and
WHEREAS, the City conducted a comprehensive inventory of the ecological functions and
conditions within its shoreline jurisdiction to provide a scientific foundation for application of the
shoreline environment criteria and assignment of the appropriate shoreline designations;and
WHEREAS, the results of this comprehensive inventory are contained in the document entitled
City of Spokane Valley Shoreline Master Program Update Inventory and Characterization Report, dated
April 4, 2010,Amended September 7,2010 and accepted by Resolution No. 10-014 (Inventory);and
WHEREAS, in 2011, the City established a Shoreline Advisory Group (SAG) to develop the
goals and policies to direct the development of the SMP and the regulations;and
Ordinance 14-020 Page 1 of 4
WHEREAS, consistent with the requirements of WAC 173-26-224(4)(c), the City has conducted
a public access analysis, as set forth in the Public Access Plan accepted by Resolution No. 13-001 which
plans for an integrated shoreline public access system that identifies public needs and opportunities to
provide public access;and
WHEREAS, consistent with the requirements of WAC 173-26-186(8)(c)and 173-26-201(2)(f), a
document entitled Shoreline Restoration Plan, accepted December 11, 2012 by Resolution No. 12-012
("Restoration Plan") has been formulated so that the City's SMP includes goals, policies and actions for
restoration of impaired shoreline ecological functions;and
WHEREAS, consistent with the requirements of WAC 173-26-186(8)(d), the City conducted an
analysis of potential cumulative impacts of reasonably foreseeable future development on shoreline
ecological functions and other shoreline functions fostered by the policy goals of the SMA. The
cumulative impact analysis is contained in the City of Spokane Valley, Shoreline Master Program Update
- Cumulative Impacts Analysis, prepared June 3, 2013, and revised September 26, 2014 (Cumulative
Impact Analysis);and
WHEREAS,throughout the SMP update process,the City has made a concerted effort to generate
public involvement, including holding five open houses, 29 Planning Commission meetings, and 32 City
Council meetings; creating a web page devoted to the SMP update; sending two mailings to all shoreline
property owners making them aware of opportunities to participate in the process, and maintaining an
email list in order to keep interested parties informed;and
WHEREAS, the City has utilized the scientific information from the Inventory and the
Cumulative Impact Analysis to draft the proposed SMP update;and
WHEREAS, on September 19 and 26, 2014, notice of the Planning Commission public hearing
was published in the Valley News Herald; and
WHEREAS,on September 26,2014,the Planning Commission held a study session;and
WHEREAS, on October 9, 2014, the Planning Commission held a public hearing, received
evidence, information, public testimony, and a staff report with a recommendation followed by
deliberations; and
WHEREAS, on October 23, 2014, the Planning Commission continued deliberations and made
their final recommendation for approval of the SMP; and
WHEREAS, on October 23, 2014, the Planning Commission approved the findings and
recommendations;and
WHEREAS, on October 27, 2014, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane
Valley development regulations; and
WHEREAS, on November 3,2014 the City's Responsible Official under the State Environmental
Policy Act issued a determination of non-significance for the proposed SMP Update;and
WHEREAS,on November 4,2014, City Council reviewed the proposed SMP at a Study Session;
and
WHEREAS,on November 17,2014,the City Council held a public hearing on the proposed SMP
Update; and
Ordinance 14-020 Page 2 of 4
WHEREAS, the City Council has considered public testimony and comments, staff and
consultant input, and certain documents and information, including: 1) the Inventory; 2) the Cumulative
Impacts Analysis; 3) City of Spokane Valley Shoreline Master Program, Comprehensive Plan Policies,4)
Shoreline Master Program Update, Draft Shoreline Regulations; 5) the Restoration Plan; 6) the Public
Access Plan; 7) SEPA Determination of Nonsignificance; 8) All other Supporting Documents to
Shoreline Master Program update;and
WHEREAS, the City Council finds that this SMP update includes the necessary master program
elements required by WAC 173-26-191(b),the master program basic requirements set forth in WAC 173-
26-191(2)and the general master program provisions set forth in WAC 173-26-221; and
WHEREAS,RCW 36.70A.480 provides that the goals and policies contained in a local shoreline
master program shall be considered an element of the City's Comprehensive Plan adopted under the
Growth Management Act, chapter 36.70A RCW and that this cannot take effect until after Ecology has
approved the document,which will happen at a later date;and
WHEREAS,the City Council desires to repeal the existing SMP,which will occur after this SMP
is approved by Ecology,which will happen at a later date.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to adopt a revised Shoreline Master
Program in order to submit the document to Ecology for review and approval. After Ecology approves
the Shoreline Master Program, the City will then consider it for final adoption, including partial
codification.
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 SMP
and recommended approval of the amendment. 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 health,safety,welfare,and protection of the environment.
B. The Council finds the following public notices were given to offer the public participation
opportunities consistent with the adopted City of Spokane Valley Shoreline Master Program
Public Involvement Plan:
1. Appointment of a citizen based Shoreline Advisory Group which met twice a
month over a six month period, to assist in the preparation of the draft Goals and
Policies;
2. Appointment of a Technical Advisory Group consisting of representatives from a
wide variety of resource agencies and interest groups;
3. Numerous public meetings and public hearings before the Planning Commission;
4. Numerous postings of public notices, draft SMPs and technical documents,
meeting notices on the City website;
5. Emailing from City staff to numerous interested persons and agencies;
6. Individual notification of the August 28, 2009 and October 23, 2009 public
meetings to notify potentially-impacted shoreline landowners of the public
Ordinance 14-020 Page 3 of 4
meetings, and individual mailing of the Shoreline Inventory Activities to
potentially-impacted shoreline landowners;
7. Display advertisements published on five separate dates in the Spokesman
Review and/or Spokane Valley Herald newspaper inviting persons to open house
meetings throughout the draft development process;and
8. Notices posted on the City's website of all public meetings regarding the Draft
SMP planning effort.
C. The policies of the SMP are valid and applicable and will further the public health and
welfare.
D. The SMP will provide the citizens of Spokane Valley a program that is predictable and
specific to their community.
E. The process employed by the City in preparing and reviewing the SMP is in compliance with
chapter 90.58 RCW, WAC 173-26, Washington State Shoreline Management Planning
Guidelines, and the adopted City of Spokane Valley Shoreline Master Program Public
Involvement Plan.
F. The Planning Commission unanimously recommended that the Draft SMP be adopted
as presented.
Section 3. Adoption of Shoreline Master Program. The City Council adopts the City of
Spokane Valley Shoreline Master Program, Appendices and Supporting Documents as set forth in Exhibit
1,attached hereto for the purpose of submission to the Department of Ecology for review and approval.
Section 4. Other sections unchanged. All provisions of the currently-adopted SVMC 21.50
shall remain in full force and effect until the Department of Ecology has completed its review and
approval process, and the City subsequently adopts an ordinance authorizing the effective date of the
SMP.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality of any other section,sentence,clause,or phrase of this Ordinance.
Section 6. Effective Date. 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.
Passed by the City Council this 9h day of December,2014.
ATT T Mayor,Dean Grafos
City Clerk,Christine Bainbridge
Approved as to Form: Ir
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Officethe City A o ney ,�1
Date of�'ublication: dci�` 'olc'�i`!
Effective Date: -. -
Ordinance 14-020 Page 4 of 4
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Planning Commission
Recommended
DRAFT
Shoreline Master Program
October 23, 2014
City of Spokane Valley Shoreline Master Program
TABLE OF CONTENTS
Chapter 1 —Introduction
1.0 Introduction
1.1 Shoreline Jurisdiction
1.2 Background
1.3 Documents Supporting the Shoreline Master Program Update
1.4 Shorelines as an Element of the Comprehensive Plan
Chapter 2- Shoreline Master Program Goals and Policies
2.0 Introduction
2.1 General Goals and Policies
2.2 Historical,Cultural, Scientific&Educational Element
2.3 Utilities Element
2.4 Circulation Element
2.5 Economic Development Element
2.6 Conservation
2.7 Restoration
2.8 Critical Areas Element
2.9 Flood Hazard Reduction Element
2.10 Public Access Element
2.11 Recreation Element
2.12 Shoreline Use Element
Chapter 3 - Shoreline Environment Designations
3.0 Introduction
3.1 Environment Designations
3.1.1 Urban Conservancy—High Quality Environment(UC-HQ)
3.1.2 Urban Conservancy Environment(UC)
3.1.3 Shoreline Residential—Waterfront Environment(SR-W)
3.1.4 Shoreline Residential—Upland Environment(SR-U)
3.1.5 Aquatic Environment(AQ)
3.2 Historical City of Spokane Valley Environmental Designations
Map 3.1 Environment Designations Map
Chapter 4—Shoreline Regulations
4.0 Shoreline Permits,Procedures,and Administration
21.50.010 Applicability, Shoreline Permits,and Exemptions
21.50.020 Applicability
21.50.030 Administrative Authority and Responsibility
21.50.040 Types of Shoreline Permits
21.50.050 Development Authorization Review Procedure
21.50.060 Authorization Decisions-Basis for Action
21.50.070 Conditions of Approval
21.50.080 Prohibited Uses
21.50.090 Minor Activities Allowed Without a Permit or Letter of Exemption
21.50.100 Shoreline Substantial Development Permit
21.50.110 Exemptions from a Shoreline Substantial Development Permit
21.50.120 Letters of Exemption
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City of Spokane Valley Shoreline Master Program
21.50.130 Shoreline Conditional Use Permit
21.50.140 Shoreline Variance
21.50.150 Nonconforming Development
21.50.160 Minor Revisions to Approved Uses or Developments
21.50.170 Enforcement Responsibilities Generally
4.1 Shoreline Regulations
21.50.180 General Provisions
21.50.190 Shoreline Uses Table
21.50.200 Shoreline Modification Activities Table
21.50.210 No Net Loss and Mitigation Sequencing
21.50.220 Height Limit Standards
21.50.230 Shoreline Buffers and Building Setbacks
21.50.240 Flood Hazard Reduction
21.50.250 Public Access
21.50.260 Shoreline Vegetation Conservation
21.50.270 Water Quality, Stormwater, and Non-Point Pollution
21.50.280 Archaeological and Historic Resources
21.50.290 Gravel Pits
21.50.300 Specific Shoreline Use Regulations
21.50.310 Boating Facilities
21.50.320 Commercial Use
21.50.330 Industrial Use
21.50.340 In-Stream Structures
21.50.350 Parking Facilities
21.50.360 Recreational Development and Use
21.50.370 Residential Development and Use
21.50.380 Signs and Outdoor Lighting
21.50.390 Transportation Facilities
21.50.400 Public Facilities and Utilities
21.50.410 General Regulations for Specific Shoreline Modifications
21.50.420 Shoreline/Slope Stabilization
21.50.430 Piers and Docks
21.50.440 Dredging and Fill
21.50.450 Shoreline Habitat and Natural Systems Enhancement Projects
4.2 Critical Areas Regulations
21.50.460 General- Shoreline Critical Areas Regulations-Applicability
21.50.470 Maps and Inventories
21.50.480 Exemptions from Critical Area Review and Reporting Requirements
21.50.490 Critical Area Review
21.50.500 Critical Area Report Requirements for All Critical Areas
21.50.510 Mitigation
21.50.520 Wetlands-Shoreline Critical Area Regulation
21.50.530 Critical Aquifer Recharge Areas-Shoreline Critical Area Regulations
21.50.540 Fish and Wildlife Habitat Conservation Areas-Shoreline Critical Area
Regulations
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City of Spokane Valley Shoreline Master Program
21.50.550 Geologically Hazardous Areas-Shoreline Critical Area Regulations
2l.50.560 Frequently Flooded Areas- Shoreline Critical Area Regulations
Appendices
Appendix A-1 Shoreline Master Program Definitions
Appendix A-2—Map 4-1 Shoreline Buffers Map
Supporting Documents
SD-I Public Involvement Plan
SD-2 Shoreline Inventory
SD-3 Shoreline Public Access
SD-4. Restoration Plan
SD-5 Cumulative Impacts Analysis
SD-6. No Net Loss Report
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City of Spokane Valley Shoreline Master Program
CHAPTER I—INTRODUCTION
1.0 Introduction
The City of Spokane Valley Shoreline Master Program intends to implement the requirements of the
Washington State Shoreline Management Act (SMA) (Revised Code of Washington (RCW) 90.58). The
SMA was passed by the State Legislature in 1971 and adopted by the public in a referendum. It was
created in response to a growing concern among residents of the state that serious and permanent damage
was being done to shorelines by unplanned and uncoordinated development. The goal of the SMA was
"to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines."
While protecting shoreline resources by regulating development,the SMA is also intended to provide for
appropriate shoreline use by encouraging land uses that enhance and conserve shoreline functions and
values.
The SMA has three broad policies:
1. Encourage water-dependent and water-oriented uses: "uses shall be preferred which are
consistent with control of pollution and prevention of damage to the natural environment, or are
unique to or dependent upon use of the states'shorelines...."
2. Promote public access: "the public's opportunity to enjoy the physical and aesthetic qualities of
natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the
overall best interest of the state and the people generally."
3. Protect shoreline natural resources, including "...the land and its vegetation and wildlife, and the
water of the state and their aquatic life...."
1.1 Shoreline Jurisdiction
The City of Spokane Valley (City) has two water bodies regulated under the SMA and the City's
Shoreline Master Program (SMP): The Spokane River, designated as a "Shoreline of Statewide
Significance", and Shelley Lake, designated as a"Shoreline of the State".
Under the SMA, the shoreline jurisdiction includes areas that are 200 feet landward from the ordinary
high water mark (OHWM) and the waters within the City designated as Shorelines of Statewide
Significance or Shorelines of the State as well as floodways and contiguous floodplain areas, and any
associated wetlands. (RCW 90.58.030).
1.2 Background
The City was incorporated in 2003. At that time, the City adopted the Spokane County SMP as the
interim SMP to comply with the requirements of the SMA. The SMP for Spokane County was developed
by the Department of Ecology(Ecology)at the option of the county government,and remained essentially
unchanged. In 2003, the State Legislature adopted guidelines requiring all cities and counties to update
their SMP.
The City has conducted a comprehensive SMP update funded in part by a grant from Ecology. The
guidelines (WAC 173-26) establish goals and policies that provide a framework for development
standards and use regulations in the shoreline. The update has been prepared consistent with the SMA
and its implementing guidelines, and provides goals, policies, development regulations, and permitting
procedures for areas within the City's shoreline jurisdiction. The primary responsibility for administering
the SMA is assigned to local governments through the local SMPs. While the SMP is based on state
guidelines, it reflects the specific conditions and needs of the Spokane Valley community.
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City of Spokane Valley Shoreline Master Program
1.3 Documents Supporting the Shoreline Master Program Update
Consistent with state guidelines (WAC 173-26-201, Comprehensive Process to Prepare or Amend
Shoreline Master Programs), a Shoreline Inventory and Characterization Report (ICR) was prepared by
URS Corp in 2009. The ICR documented the existing shoreline conditions and provided a basis for
updating the City's SMP goals, policies, and regulations. The characterization identifies existing
conditions, evaluates existing functions and values of shoreline resources, and explores opportunities for
conservation and restoration of ecological functions.
Under the Ecology grant to the City, several plans and technical reports were prepared and provide
rationale for elements of the SMP. These include the following:
1. Shoreline Public Access Plan;
2. Shoreline Restoration Plan;
3. Cumulative Impacts Analysis; and
4. No Net Loss Report.
State guidelines WAC 173-26-221(4)( c) allow a jurisdiction to develop SMP provisions for an effective
public access system rather than addressing public access on a site-by-site basis. The City opted to
develop a separate Public Access Plan to address the public access needs. The Public Access Plan
evaluates the existing public accesses to the Spokane River, describes existing recreational uses, and
provides recommendations to improve both public access and public recreational uses within the
shoreline jurisdiction.
State guidelines also require that local governments develop SMP policies that promote "restoration" of
damaged shoreline ecological functions and develop a "real and meaningful" strategy to implement
restoration objectives. The Restoration Plan identifies restoration opportunities (both programmatic and
site-specific), establishes goals and policies, promotes working cooperatively with other regional entities,
and supports restoration through other regulatory and non-regulatory programs.
Lastly, WAC 173-26-201 requires that SMP policies and regulations address the cumulative impacts on
shoreline ecological functions that would result from future shoreline development and uses. The
Cumulative Impacts Analysis and No Net Loss Report address the general obligation to assure no net loss
of shoreline ecological function,and examine how the proposed policies and regulations avoid cumulative
impacts.
1.4 Shorelines as an Element of the Comprehensive Plan
The provisions of this program implement the requirements of the SMA. The City's SMP is integrated
with the City's land use regulation system. Consistent with RCW 36.70A.480, the goals and policies
contained in this SMP shall be considered an element of the City's Comprehensive Plan required by the
Growth Management Act (GMA). All other portions of this SMP, including the use regulations, are
considered a part of the City's development regulations required by the GMA,and be part of the Spokane
Valley Municipal Code. The Inventory and Characterization Report, Restoration Plan, Cumulative
Impacts Analysis, No Net Loss Report, and Public Participation Plan are supporting documents, and are
not adopted as part of this SMP or the City's Comprehensive Plan.
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City ofSpokane Valley Shoreline Master Program
Chapter 2-Goals and Policies
2.0 Introduction
Per WAC 173-26-186(3), all relevant policy goals must be addressed in the planning policies of master
programs. This section contains shoreline goals and policies. Goals express the ultimate aim of the City
of Spokane Valley (City) and citizens along their shorelines. A policy identifies a measurable step that
moves toward achieving a long-term goal. Goals and policies provide a framework upon which the more
detailed Shoreline Master Program (SMP) shoreline use environments, policies, regulations, and
administrative procedures are based in subsequent chapters.
WAC 173-26-186(5)states:
"The policy goals of the act, implemented by the planning policies of master programs,
may not be achievable by development regulation alone. Planning policies should be
pursued through the regulation of development of private property only to an extent that
is consistent with all relevant constitutional and other legal limitations (where applicable,
statutory limitations such as those contained in chapter 82.02 RCW and RCW
43.21C.060) on the regulation of private property. Local government should use a
process designed to assure that proposed regulatory or administrative actions do not
unconstitutionally infringe upon private property rights. A process established for this
purpose, related to the constitutional takings limitation, is set forth in a publication
entitled, 'State of Washington, Attorney General's Recommended Process for Evaluation
of Proposed Regulatory or Administrative Actions to Avoid Unconstitutional Takings of
Private Property,' first published in February 1992. The attorney general is required to
review and update this process on at least an annual basis to maintain consistency with
changes in case law by RCW 36.70A.370."
2.1 General Goals and Policies
Goal SMP 1: Enhance the City's shorelines by establishing and implementing goals, policies, and
regulations which promote a mixture of reasonable and appropriate shoreline uses that improve the
City's character,foster its historic and cultural identity,and conserve environmental resources.
Policies
SMP 1.1 Coordinated Planning
Coordinate shoreline planning between the City of Spokane Valley, agencies with jurisdiction, adjoining
jurisdictions, the State of Washington, and the State of Idaho into which the river basin extends, and
consider the plans of non-government organizations(NGO's)and/or special interest groups.
SMP 1.2 Consistency with Other Plans and Programs
Ensure that the City of Spokane Valley SMP is consistent with the Washington State Shoreline
Management Act and Growth Management Act, and to the extent practical the basic concepts, goals, and
policies of the following documents: Land use plan of the City of Spokane Valley Comprehensive Plan
development regulations,the City of Spokane Valley Critical Areas Ordinances, and the Shoreline Master
Programs of adjacent jurisdictions.
SMP 1.3 No Net Loss of Ecological Functions
Ensure that all shoreline uses and development are regulated in a manner that assures no net loss of
shoreline ecological functions.
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City of Spokane Valley Shoreline Master Program
SMP 1.4 Public Interest and Property Rights
Balance the interests of the community in attaining the goals of the SMP in a manner consistent with all
relevant constitutional and other legal limitations on the regulation of private property.
SMP 1.5 Shoreline Designated Environments
Designate shoreline environments for the City of Spokane Valley shorelines that are consistent with the
Comprehensive Plan land uses, shoreline management practices, and shoreline inventory within each
designated area.
SMP 1.6 Use Preferences for All Shorelines
Give preference to those shoreline activities which fulfill long range Comprehensive Plan goals and the
Shoreline Management Act policy priorities,as listed and discussed below:
It is the policy of the City to provide for the management of its shorelines by planning for and fostering
all reasonable and appropriate uses. Policies are designed to ensure the development of the City's
shorelines in a manner which will promote and enhance the public interest. These policies will protect
against adverse effects to the public health, the land, its vegetation and aquatic life and wildlife, and the
waters of the Spokane River, Shelly Lake, and the Sullivan Road and Park Road Gravel Pits and their
aquatic life.
SMP 1.7 Use Preferences for Shorelines of State-Wide Significance
The State Legislature has declared that the interest and benefit of all of the people shall be paramount in
the management of shorelines of state-wide significance, and therefore preference shall be given to uses
in the following order of preference which:
1. Recognize and protect statewide interest over local interest
2. Preserve the natural character of the shoreline
3. Allow uses that result in long-term over short-term benefits
4. Protect the resources and ecology of shorelines
5. Increase public access to publicly-owned areas of shorelines
6. Increase recreational opportunities for the public on the shorelines.
SMP 1.8 Priority Uses and Shoreline Alterations
Uses shall be preferred which are consistent with control of pollution and prevention of damage to the
natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the
natural condition of the Shorelines of the State, in those limited instances when authorized, shall be given
priority for single-family residences and their appurtenant structures, shoreline recreational uses, and
other improvements facilitating public access, industrial and commercial developments which are
particularly dependent on their location on or use of the shorelines,and other development
2.2 Historical,Cultural,Scientific&Educational Element
Goal SMP 2: Protect the historical,cultural,scientific,or educational sites within the shoreline that
reflect our community's unique heritage and create or contribute to our collective sense of place.
Policies
SMP 2.1 Sites and Structures
Identify, preserve, and manage shoreline sites and structures having historical, cultural, scientific or
educational value, and develop regulations that avoid, minimize, or mitigate any adverse impacts to these
resources.
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City of Spokane Valley Shoreline Master Program
SMP 2.2 Sites and Building Acquisition
Public acquisition through gifts, bequests, grants, or donations of buildings or sites having cultural,
scientific, educational, or historical value should be encouraged.
SMP 2.3 Cooperation and Consultation
Ensure constant cooperation and consultation with affected agencies and tribes for projects that could
potentially impact cultural and historical resources.
SMP 2.4 Inventory of Sites
Work with tribal, state, federal, and local governments as appropriate to maintain an inventory of all
known significant local historical, cultural, and archaeological sites in observance of applicable state and
federal laws protecting such information from public disclosure.
SMP 2.5 Site Inspection and Evaluation
Ensure early and continuous site inspection, consultation, or evaluation by a professional archaeologist in
coordination with affected tribes for all permits issued in areas documented to contain archaeological
resources.
2.3 Utilities Element
Goal SMP 3: Maintain and provide adequate utility services within the shoreline environment
while preserving and enhancing the natural environment and ecology of the shoreline.
Policies
SMP 3.1 Location
Locate new public facilities and utilities, including, but not limited to, utility production, processing,
distribution,and transmission facilities outside of the shoreline jurisdiction whenever feasible.
SMP 3.2 Place Underground
Require new utilities and facilities that must be located within the shoreline to be built underground, if
feasible, and utilize low impact, low profile design and construction methods to the maximum extent
possible. Undergrounding shall not be required if it results in a net loss of shoreline ecological functions.
SMP 33 Existing Rights-of-Way
Require new utilities and facilities to be located in existing rights-of-way whenever possible.
SMP 3.4 Maintenance and Operation Design
When existing utilities,facilities, and rights-of-way are located within shoreline jurisdiction and require
maintenance or other improvements,the maintenance/improvement should be designed and implemented
to minimize additional impacts on the shoreline environment and encouraged to correct past impacts
caused by the utility. Vegetation Management Plans should be recognized as maintenance activities.
SMP 3.5 Preference to Existing Facilities and Utilities
Give preference to established utility corridors and rights-of-way for upgrades, maintenance, and
reconstruction of existing utilities and facilities, unless a location with less potential to impact the
shoreline environment is available.
SMP 3.6 Stormwater Facilities
Stormwater utilities will be designed and located as to minimize environmental impacts within the
shoreline jurisdiction. If located within the shoreline jurisdiction, they shall use best management
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practices (e.g. biofiltration measures) and landscaping with native vegetation. All stormwater facilities
must protect water quality,manage runoff,and address erosion control and sedimentation.
2.4 Circulation Element
Goal SMP 4: Provide a safe, convenient, and multimodal circulation system which will minimize
negative impacts to the shoreline environment.
Policies
SMP 4.1 Transportation Access
Ensure that a system of arterials, scenic drives, pathways, public transit routes, and bikeways adjacent to
and within the shoreline areas provide appropriate access to the Spokane River in a way that meets the
needs and desires of the community as reflected in the Comprehensive Plan, while also assuring no net
loss of ecological function of the shorelines.
SMP 4.2 Location of New Streets or Street Expansions
Locate new streets or street expansions outside of the shoreline jurisdiction, unless no other options are
available or feasible. In all cases, streets should be on the landward side of development.
SMP 4.3 Consolidation of Corridors
Encourage the consolidation of transportation and utility corridors crossing the shoreline environment in
order to minimize the number of crossings, and encourage the collocation of utilities on bridges or in
transportation rights-of-way whenever possible by considering the needs during the design of bridge and
corridor upgrades.
SMP 4.4 Transportation Facilities
Plan, locate, and design proposed transportation facilities where routes will have the least possible
adverse effect on shoreline ecological functions, will not result in a net loss of shoreline ecological
functions,or adversely impact existing or planned water dependent uses.
SMP 4.5 Stormwater Treatment
All development within the shoreline jurisdiction area shall provide stormwater treatment for all new and
redeveloped pollution-generating impervious surfaces.
SMP 4.6 Parking Facilities for Public Access
Parking facilities for public access to the shoreline and water should be kept as far from the shorelines as
feasible.
SMP 4.7 Parking Facilities Not a Primary Use
Parking facilities should only be allowed as necessary to support permitted shoreline uses, and not as a
primary use, and must be located outside of the shoreline jurisdiction area if other options are available
and feasible.
SMP 4.8 Impacts of Parking Facilities
Minimize the environmental and visual impacts of parking facilities where allowed.
SMP 4.9 Retain Unused Public Rights-of-Way for Visual and Physical Access
Retain unused public rights-of-way within the shoreline area to provide visual and physical access to the
shoreline unless:
• The street vacation enables the City to acquire the property for beach or water access
purposes; boat moorage or launching sites; park, public view, recreation, or educational
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purposes; or other public uses or the City declares that the street or alley is not presently
being used and is not suitable for the above purposes; or
o The street vacation enables the City to implement a plan that provides comparable or
improved public access to the same shoreline area to which the streets or alleys sought to
be vacated, if the properties included in the plan had not been vacated.
SMP 4.10 Improve Non-Motorized Access to Shoreline
Improve non-motorized access to the shoreline by developing where appropriate pathways, trails, and
bikeways along and adjacent to the shoreline. Connectivity between non-motorized access points is
encouraged.
SMP 4.11 Recognition of Centennial Trail
Recognize the importance and uniqueness of the Spokane River Centennial Trail to the City of Spokane
Valley, the region, and the state. Future trail development on private property including trail extensions,
new access points, whether public or private, shall be designed to have the least adverse impact. Future
trail development on public property shall meet the same objective, but should also incorporate
enhancement and restoration measures where appropriate.
SMP 4.12 New Rail Lines
Allow new rail lines and the expansion of existing rail corridors within the shoreline jurisdiction only for
the purpose of connecting to existing rail lines or rights-of-way. Construct new rail lines within an
existing rail corridor where possible.
SMP 4.13 Rail Lines Affecting Public Access
Construct, where feasible, all new rail lines so that they do not compromise the public's ability to access
the shoreline safely.
2.5 Economic Development Element
Goal SMP 5: Encourage and support water-dependent, water-oriented, and water-related
economic activities within the shorelands of the City of Spokane Valley that will be an asset to the
economy of the area and that will protect and maintain the ecological functions of the shoreline
environment.
Policies
SMP 5.1 Location of Economic Development
Give preference to economic development within the shoreline jurisdiction that is particularly dependent
on their location on or use of the shoreline. Encourage new development to locate in areas that have
intensive prior use and can be upgraded or redeveloped. Encourage new economic development to cluster
into areas of the shoreline whose current use is compatible.
SMP 5.2 Design of Economic Development
Development should be designed to minimize the impacts to the shoreline aesthetic through architectural,
landscape, and other design features. Encourage design that seeks to restore damaged or compromised
shoreline through incentives.
SMP 5.3 Priorities for Economic Development
Give preference to water-oriented economic development, while limiting the location of non-water
oriented elements of the development outside of shoreline jurisdiction.
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SMP 5.4 Provisions for Physical and Visual Availability to Water
When public access is required under this SMP, historic areas, overlook points, structures, and points of
public access to the waterfront should be incorporated in economic development site planning.
SMP 5.5 Encourage Regional Tourism
Strengthen regional tourism by expanding and developing neighborhood and regional linkages and
improvements that use the shoreline areas.
SMP 5.6 Consistency with Comprehensive Plan and Development Regulations
Proposed economic development in the shoreline should be consistent with the City of Spokane Valley
Comprehensive Plan and development regulations. Upland uses on adjacent lands outside of immediate
SMA jurisdiction (in accordance with RCW 90.58.340) should protect the preferred shoreline uses from
being impacted by incompatible uses.
SMP 5.7 Provisions for Shoreline Protection
Require that development provide adequate provisions for the protection of water quality,erosion control,
landscaping, aesthetic characteristics, stormwater systems, fish and wildlife habitat,views, archaeological
sites,and normal public use of the water.
SMP 5.8 Economic Assets
Promote the Centennial Trail and Spokane River as a community economic asset.
SMP 5.9 Promote Recreational Uses
Promote recreational uses of the shorelines to contribute to the economic attractiveness of the city. Seek
opportunities to partner with public and private property owners to increase public recreational
opportunities in the shoreline.
SMP 5.10 Water-Enjoyment Areas
Promote the identification and establishment of water-enjoyment areas, such as parks, view points,
beaches,and pathways as attractions.
SMP 5.11 Business and Industry Operations
Encourage shoreline industries and businesses to maintain a well-kept appearance and to operate in a
manner that will not cause negative aesthetic impacts to the community.
SMP 5.12 Redevelopment
Encourage and provide incentives for redevelopment of existing sites that includes points of public
access,areas designed for public enjoyment, and improve fish and wildlife habitat.
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SMP 5.13 Building Orientation
New public shoreline uses and developments should be planned and designed to attract the public to the
waterfront; new private shoreline uses and development should be planned and designed to attract the
public to the waterfront with exceptions as allowed by WAC 173-26-221(4)(d).
SMP 5.14 Design Feature Incentives
Incentives should be created to encourage developers to incorporate design features into the waterside of
the building.
SMP 5.15 Mining Industry
Support the existing aggregate mining industry as a significant component of the area economy.
2.6 Conservation Element
Goal SMP 6: Preserve for the future those natural resources, including the unique, fragile, and
scenic qualities of the shoreline, which cannot be replaced. Assure no net loss of ecological
functions of the shoreline.
Policies
SMP 6.1 Protect Vegetative Buffers and Setbacks
Protect existing vegetation and shoreline ecological function by designating buffers and setbacks that are
supported by the 2010 Shoreline Inventory and allow for the use of innovative techniques and strategies
while assuring no net loss of ecological functions.
SMP 6.2 Acquisition of Unique Shoreline Areas
Acquire and maintain, through conservation futures, donations, grants, general funds, or other sources,
shoreline areas containing natural elements especially worthy of preservation or especially attractive to
the public, such as beaches,forest covers,trees,wildlife populations,vistas,and other scenic features.
SMP 6.3 Baselines for Functions and Values
Utilize 2010 Shoreline Inventory to establish baselines for the functions and values of shoreline. Property
owners may provide additional information to supplement the inventory in preparation of a development
proposal.
SMP 6.4 Preserve Ecological Connectivity
Assure no net loss of ecological viability and connectivity through use of habitat islands and corridors
within the shoreline area.
SMP 6.5 Incentives for Retention of Critical Areas and Open Space
Retain existing open space and environmentally sensitive areas on private property through the use of
incentives.
SMP 6.6 Mitigation of Negative Impacts
Development shall avoid, and if avoidance is not possible mitigate, negative impacts to steep banks,
surface and ground water quality, ecological functions, fish and wildlife habitat, vegetative cover, and
erosion of the soil.
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SMP 6.7 Cumulative Impacts
Regulations shall assure that the commonly occurring and foreseeable cumulative impacts of development
do not cause a net loss of ecological functions of the shoreline.
2.7 Restoration Element
Goal SMP 7: Restore habitat and the natural systems to improve shoreline ecological functions.
Policies
SMP 7.1 Restoration Plan
Develop a Restoration Plan that will identify degraded areas and provide a framework for restoration
efforts to improve the existing ecological function and provide a mechanism for mitigation of unavoidable
and unforeseeable future development.
SMP 7.2 City Stewardship
Ensure that the City of Spokane Valley assumes a primary stewardship role through restoration efforts on
City-owned and controlled land. Manage the City's programs, services, and operational infrastructure in
a manner that assures no net loss of ecological or shoreline functions.
SMP 7.3 Incentives for Restoration and Enhancement Projects
Provide incentives for projects that include restoration and enhancement components by implementing
tools which may include, but are not limited to, modifying the shoreline setback area that would apply to
the restored areas or allowing a greater range of uses or flexible development standards(e.g., setbacks)on
properties providing restoration and/or enhancement that may result in a net gain of ecological function.
SMP 7.4 Gravel Pit Restoration Plans
Assist the gravel pits in the development and implementation of restoration plans for pits that are
consistent with the SMP and the Department of Natural Resources.
SMP 7.5 Cooperative Restoration Programs
Encourage cooperative restoration programs between local, state, and federal public agencies,tribes,non-
profit organizations,and landowners.
2.8 Critical Areas Element
Goal SMP 8: Assure no net loss of ecological functions and ecosystem-wide processes within
wetlands, critical aquifer recharge areas, fish and wildlife habitat, conservation areas, geologically
hazardous areas, and frequently flooded areas. Assure no net loss of ecological function within
these critical areas.
Policies
SMP 8.1 Consistency with Critical Areas Goals and Policies
To the extent practicable and consistent with RCW 36.70A.480 ensure the critical area goals and policies
for the SMP are consistent with the critical areas goals and policies contained in the Comprehensive Plan.
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SMP 8.2 No Net Loss of Ecological Function
Ensure regulatory protection measures developed for the shoreline area assure no net loss of shoreline
ecological functions necessary to sustain shoreline natural resources as defined by Washington State
Department of Ecology guidelines adopted pursuant to RCW 90.58.060.
SMP 8.3 Preserve and Protect Critical Areas Defined as Wetlands Through Protective
Measures
Rate wetlands based on the quality of the wetland and the ecological function they serve. Develop
protective measures tailored to the wetland quality and function and that consider the characteristics and
setting of the buffer and the impacts on adjacent land use.
SMP 8.4 Preserve and Protect Critical Areas Defined as Wetlands Through Mitigation Measures
Base wetland mitigation on the wetland rating and require mitigation sequencing. Only allow
compensatory mitigation after mitigation sequencing has been applied and avoidance has been deemed
infeasible.
SMP 8.5 Protect People and Property from Risk Associated with Critical Areas Defined as
Geologically Hazardous Areas
Limit development that would cause foreseeable risk from geological conditions to people or property.
Do not allow development that will require structural shoreline stabilization except in the limited cases
where it is necessary to protect an allowed use and no alternative location is available. Allow structural
shoreline stabilization to protect existing structures only when relocation or reconstruction is infeasible.
Do not allow structural shoreline stabilization that will result in a net loss of ecological function.
SMP 8.6 Preserve and Protect Critical Areas Defined as Fish and Wildlife Habitat Conservation
Areas
Develop measures that assure no net loss of ecological functions of river, lake, and stream corridors
associated with fish and wildlife habitat. Integrate the protection of fish and wildlife habitat with flood
hazard reduction and other fish and wildlife management provisions. Develop measures that authorize
and facilitate habitat restoration projects.
SMP 8.7 Preserve and Protect Critical Areas Defined as Critical Aquifer Recharge Areas
Protect the hydrologic connections between water bodies, water courses, and associated wetlands.
Integrate the protection of critical aquifer recharge areas with jurisdictional and non jurisdictional aquifer
protection measures such as watershed management plans, wellhead protection plans, Department of
Natural Resources forest practices, and others as appropriate.
SMP 8.8 Protect People and Property from Risk Associated with Critical Areas Defined as
Frequently Flooded Areas
Limit development that would cause foreseeable risk to people and property from frequent flooding.
Ensure frequently flooded areas are fully addressed in the goals and policies of the Flood Hazard
Reduction element of this plan.
2.9 Flood Hazard Reduction Element
Goal SMP 9: Prevent and reduce flood damage in shoreline areas to protect ecological functions,
shoreline habitat,lives,and public and private property.
Policies
SMP 9.1 Development Within the Shoreline
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Prohibit development within the shorelines that would intensify flood hazards or result in cumulative
significant adverse effects to other properties,as regulated by SVMC 21.30 Floodplain Regulations.
SMP 9.2 Coordination Among Agencies
Coordinate flood hazard reduction planning among the applicable agencies.
SMP 9.3 Structural Flood Hazard Reduction
Allow new structural flood hazard reduction measures only:
• Where scientific and engineering analysis has demonstrated it to be necessary, and when
non-structural methods are infeasible and mitigation is accomplished;
• Landward of associated wetlands and buffer areas except where no alternative exists, as
documented in an engineering analysis; and
• When consistent with current best management practices, using natural native materials
whenever feasible.
Note: An example of a structural flood hazard reduction measure is a structure placed by humans within
a stream or river waterward of the OHWM such as, but not limited to, a diversion or modification of
water flow to control flooding.
SMP 9.4 Removal of Gravel
Allow removal of gravel for flood control only if biological and geomorphological study demonstrates
that extraction has a long-term benefit to flood hazard reduction,does not result in a net loss of ecological
functions, and is part of a comprehensive flood management solution. This does not apply to the
permitted gravel mining operations underway at the time of SMP adoption and approval.
SMP 9.5 Natural Vegetative Buffers
Maintain, protect, and restore natural vegetative buffers that are within the floodplain of the Spokane
River that function to reduce flood hazards.
SMP 9.6 Alternate Flood Control Measures
When evaluating alternate flood control measures consider the removal or relocation of structures in
floodplain areas.
2.10 Public Access Element
Goal SMP 10:Provide diverse, reasonable,and adequate public access to the Shorelines of the State
consistent with the natural shoreline character, private property rights, public rights under the
Public Trust Doctrine,and public safety while assuring no net loss of ecological function.
Policies
SMP 10.1 Public Interest and Private Property
Promote and enhance the public interest with regard to rights to access waters held in public trust by the
state,while protecting private property rights and public safety.
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SMP 10.2 Shoreline Development by Public Entities
Require public entities, including local governments, state agencies, and public utility districts,to include
public access as part of each development project unless such access is incompatible due to reasons of
safety, security, or impact to the shoreline environment.
SMP 10.3 Shoreline Development
Require the dedication and improvement of public access in developments for water-enjoyment, water-
related and non-water dependent uses and for the subdivision of land into more than four parcels, with
exceptions as allowed by WAC 173-26-221(4)(d)(iii).
SMP 10.4 Public Access Maintenance and Improvements
When improving and maintaining existing public access points, minimize additional impacts on the
shoreline environment, and so long as it is consistent with constitutional protections, correct past adverse
environmental impacts caused by the public access.
SMP 10.5 Access Plan
Develop a formal Public Access Plan for an integrated shoreline area public access system that identifies
specific public needs and opportunities to provide public access that includes visual and physical access.
The plan should identify access opportunities and circulation for pedestrians(including disabled persons),
bicycles, and vehicles between shoreline access points.
SMP 10.6 Design of Access Measures
Require that public access measures have a design appropriate to the site, adjacent property, and general
nature of the proposed development,while protecting and providing views. Public access facilities should
be designed with provisions for persons with disabilities,where appropriate.
SMP 10.7 Motor Vehicle Access
Where access to the water's edge by motor vehicles is necessary, parking areas should be kept as far from
the shorelines as possible. Parking facilities shall implement a design appropriate for the shoreline
environment.
SMP 10.8 Access Design and Spacing
Access design and spacing of access points should be based on the biophysical capabilities of the
shoreline features and should protect fragile shoreline environment.
SMP 10.9 Impacts on Views
Minimize the impacts to existing views where the view is taken from the water or shoreline, public
property, or substantial numbers of residences. Water-dependent shoreline uses and physical public
access shall have priority over maintaining a view when a conflict between them is irreconcilable
provided that the water-dependent use is consistent with height restrictions in RCW 90.58.320.
SMP 10.10 Permitted Uses
Regulate the design, construction, and operation of permitted uses in the Shorelines of the State to
minimize, insofar as practical, interference with the public's use of the water.
SMP 10.11 Incentives
Incentives such as density or bulk and dimensional bonuses should be considered if development
proposals include additional public access beyond that required by this SMP.
SMP 10.12 Non-Motorized Access
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Preference shall be given to the development or improvement of access for non-motorized recreational
activities.
2.11 Recreation Element
Goal] SMP 11: Increase and preserve recreational opportunities on the shorelines of the City of
Spokane Valley
Policies
SMP 11.1 Preserve Shorelines for Public Recreational Use
Encourage appropriate public agencies to preserve shorelines for public use and to dedicate or transfer
appropriate shoreline land for recreational uses.
SMP 11.2 Encourage Passive and Active Recreation
Both passive and active recreation should be encouraged for appropriate shorelines.
SMP 11.3 Recreational Areas Protect Shoreline Ecological Functions
Recreational areas should be located, designed, developed, managed, and maintained in a manner that
protects shoreline ecological functions and processes.
SMP 11.4 Linkages to Recreation Areas
Hiking paths, bicycle paths, easements, and scenic drives should link shoreline parks, recreation areas,
and public access points.
SMP 11.5 Public Access Priority
Public use and access to the water should be a priority in recreational development.
SMP 11.6 Recreational Opportunities for All
Ensure that recreational planning takes into account the differences in use groups, physical capabilities,
and interests among the public in order to provide opportunities for safe and convenient enjoyment of the
shorelines.
SMP 11.7 Adequate Support Facilities
Create adequate support facilities of uses such as parking areas, maintenance buildings, and restrooms to
meet shoreline recreational demands.
SMP 11.8 Non-Motorized Recreation
Preference shall be given to non-motorized recreational activities.
2.12 Shoreline Use Element
Goal SMP 12: Consider the use and development of shorelines and adjacent land areas for housing,
business, industry, transportation, recreation, education, public buildings and grounds, utilities,
and other categories of public and private land uses in relation to the natural environment and
assuring no net loss of ecological function.
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General Use Policies
SMP 12.1 Shoreline Use Priorities
Give preference to water-dependent and single-family residential uses that are consistent with
preservation of shoreline ecological functions and processes. Secondary preference should be given to
water-related and water-enjoyment uses. Non-water oriented uses should be allowed only when
substantial public benefit is provided with respect to the goals of the SMA for public access and
ecological restoration.
SMP 12.2 Protect Shoreline Ecological Functions
Assure no net loss of ecological functions through the use of specific standards for setbacks, buffers,
density, and shoreline stabilization.
SMP 12.3 Public Access in Development
Ensure that shoreline development includes visual and physical public access to the shorelines, while
avoiding, minimizing, or mitigating negative impacts to the shoreline including views.
SMP 12.4 Preserving Fish and Wildlife Habitat
Encourage new development to contribute to the creation or preservation of open space and/or fish and
wildlife habitat along the shorelines through the use of tools such as conservation futures, conservation
easements,transferable development rights,and planned unit developments.
SMP 12.5 Nonconforming Use and Development
Legally-established uses and developments that were erected and maintained in lawful condition prior to
the effective date of this SMP, shall be allowed to continue as legal nonconforming uses provided that
future development or redevelopment does not increase the degree of nonconformity with this SMP.
Expansion, or replacement of pre-existing residential structures and their appurtenant structures, shall be
allowed if it is consistent with the SMP, including requirements for no net loss of shoreline ecological
functions.
SMP 12.6 Mitigation Sequencing
Avoid and reduce significant ecological impacts from shoreline uses and modification activities through
mitigation sequencing.
Residential Use Policies
SMP 12.7 Subdivided Lots
Require new subdivided lots to be designed,configured, and developed to:
• Prevent the net loss of ecological functions at full build out;
• Prevent the need for new shoreline stabilization or flood hazard reduction measures; and
• Be consistent with the applicable environment designations and standards.
SMP 12.8 Over-Water Residences
Prohibit new over-water residences and floating homes.
Commercial Use Policies
SMP 12.9 Priorities for Commercial Use
Give preference to commercial uses in the following order:
• First priority is given to water-dependent commercial uses.
• Second priority is given to water-related and water-enjoyment commercial uses.
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SMP 12.10 Non-Water Oriented Commercial Uses
Prohibit new non-water oriented commercial uses unless they are part of a mixed-use project, the use
provides a significant public benefit (such as public access and ecological restoration), or if the site is
physically separated from the shoreline by another property.
SMP 12.11 Non-Water Dependent Commercial Uses
Prohibit non-water dependent commercial uses over the water.
SMP 12.12 Mitigation of Shoreline Impacts
Public access and ecological restoration collectively should be considered as potential mitigation of
impacts to shoreline resources and values for all water-related or water-dependent commercial
development unless such improvements are demonstrated to be infeasible or inappropriate.
Industrial Uses Policies
SMP 12.13 Priorities for Industrial Use
Give priority to industrial uses in the following order:
• First priority is given to water-dependent industrial uses.
• Second priority is given to water-related industrial uses.
SMP 12.14 Non-Water Oriented Industrial Uses
Allow new non-water oriented industrial uses only if the use includes a water-dependent use or
navigability is severely limited at the site, and provides for public access and/or ecological restoration, or
the area is physically separated from the shoreline by another public right-of-way.
SMP 12.15 Industrial Use in Impaired Shoreline Areas
Encourage industrial uses and redevelopment to locate where environmental cleanup and restoration is
needed and can be accomplished.
SMP 12.16 Water-Dependent and Water-Related Industrial Uses
Water-dependent and water-related industrial uses within shoreline jurisdiction should be prohibited in
areas that are susceptible to erosion and flooding and where there are impacts to ecological functions.
SMP 12.17 Control Pollution and Damage
Designate and maintain appropriate areas for protecting and restoring shoreline ecological functions and
processes to control pollution and prevent damage to the shoreline environment and/or public health.
SMP 12.18 Uses Consistent with Comprehensive Plan
Ensure shoreline uses are consistent with the City of Spokane Valley Comprehensive Plan and satisfy the
economic,social,and physical needs of the City.
Shoreline Modification Policies
SMP 12.19 Shoreline Modifications
Allow structural shoreline modifications only where they are:
• Demonstrated to be necessary to support or protect an allowed primary structure or a
legally-existing shoreline use that is in danger of loss or substantial damage; and
• Necessary for reconfiguration of the shoreline for mitigation or enhancement purposes.
SMP 12.20 Modification Impacts and Limitations
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Reduce the adverse effects of allowed shoreline modifications and, as much as possible, limit allowed
shoreline modifications in number and extent unless they are necessary to support or protect an allowed
primary structure or a legally existing shoreline use that is in danger of loss or substantial damage or are
necessary for reconfiguration of the shoreline for mitigation or enhancement purposes.
SMP 12.21 Appropriate Modifications
Allow only shoreline modifications that are appropriate to the shoreline environment designations and
environmental conditions for which they are proposed.
SMP 12.22 Modifications and No Net Loss of Ecological Functions
Assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological
functions by:
• Giving preference to those types of shoreline modifications that have the least impact on
ecological function;and
• Requiring mitigation of identified impacts resulting from shoreline modifications.
SMP 12.23 Shoreline Modifications Regulations
Base shoreline modification regulations on scientific and technical information of reach conditions for the
Spokane River and Shelley Lake.
SMP 12.24 Restoration of Impaired Ecological Functions
Plan for the restoration of impaired ecological functions where feasible and appropriate while
accommodating permitted uses.
SMP 12.25 Measures to Protect Ecological Functions
Incorporate all feasible measures to protect ecological shoreline functions and ecosystem-wide processes
as shoreline modifications occur.
Pier and Dock Policies
SMP 12.26 Dock Restrictions
Allow new docks only for public water-dependent uses, single-family residences,and public access on the
Spokane River and Shelley Lake.
SMP 12.27 Dock Location
Docks shall be allowed only in locations where they will not pose a public safety hazard or adversely
impact shoreline ecological functions or process and limited as follows:
• Spokane River- only in reservoir areas where flow conditions least resemble the natural
free-flowing river;
• Shelley Lake; or
• Severely ecologically-impacted shoreline areas with adequate public access.
SMP 12.28 Dock Size
Restrict the size of new docks to the minimum necessary to serve a proposed water-dependent use.
SMP 12.29 Demonstrate Need
Permit new docks only when specific need is demonstrated,except for single-family residences.
SMP 12.30 Expansion and Multiple Use
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Encourage multiple use and expansion. of existing docks over the addition and/or proliferation of new
single dock facilities.
SMP 12.31 Joint Use and Community Docks
Encourage residential development of more than two dwellings to provide community docks rather than
individual docks.
SMP 12.32 Design and Construction
Design and construct all piers and docks to avoid, minimize, and mitigate impacts to ecological processes
and functions.
Shoreline Fill Policies
SMP 12.33 Design and Location
Shoreline fills shall be designed, located, and constructed to protect shoreline ecological function and
ecosystem-wide processes including channel migration, wildlife habitat, water quality, water currents,
surface water drainage, and flood hazard protection measures.
SMP 12.34 Limitations on Fill
Fill waterward of the OHWM shall require a conditional use permit and shall only be allowed under
limited circumstances.
SMP 12.35 Fill Proposal Plan
Require a plan that addresses species removal, replanting, irrigation, erosion, sedimentation control, and
other methods of riparian corridor protection with all fill proposals.
Streambank Protection Policies
SMP 12.36 Streambank Protection Measures
The term "streambank" shall apply to all shoreline banks within the City of Spokane Valley. Prohibit
new streambank protection measures except when necessity is documented through a geotechnical
analysis of the site and shoreline characteristics. When necessity is demonstrated and conditions require,
only allow streambank protection for existing primary structures, water-dependent development, new
development,and ecological restoration or toxic clean-up remediation projects.
SMP 12.37 Design and Location of New Development
Design and locate new development and lots created through subdivision, particularly those located on
steep slopes and bluffs, to prevent the need for future streambank protection measures during the life of
the structure.
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SMP 12.38 Public Access
Incorporate ecological restoration and public access as part of publicly-funded streambank protection
projects.
SMP 12.39 Integrated Approach to Streambank Protection
Require an integrated approach to streambank protection. Select and design streambank protection
measures using an integrated approach requiring an analysis of the reason for the erosion; fish and
wildlife habitat characteristics, needs, and potential; and the current and future risks associated with
erosion and bank protection to property, infrastructure,fish and wildlife habitat, and public safety.
SMP 12.40 Dredging
Site and design new development to avoid the need for new or maintenance dredging.
SMP 12.41 Dredging Restrictions
Prohibit dredging except when necessary for projects that restore ecological functions and to maintain
existing structures. Dredging is allowed as part of the permitted aggregate mining operations in the
gravel pits.
SMP 12.42 Dredging Materials
Prohibit the use or disposal of dredging materials within the shoreline except for projects that benefit
shoreline resources and except for permitted aggregate mining operations in the gravel pits.
SMP 12.43 In-Stream Structures
Site in-stream structures to protect and preserve ecosystem-wide processes, ecological functions, and
cultural resources, including but not limited to fish and fish passage, wildlife and water resources,
shoreline critical areas, hydro-geological processes,and natural scenic vistas.
SMP 12.44 In-Stream Structure Location
Consider the full range of public interests, watershed functions and processes, and environmental
concerns when planning and locating in-stream structures, with special emphasis on protecting and
restoring priority habitats and species.
SMP 12.45 Boat Ramps and other Boating Facilities
Locate and design boat ramps and other boating facilities to meet health, safety, and welfare requirements
and to minimize adverse effects upon geo-hydraulic processes, fragile shoreline features, natural
wetlands,and aquatic and wildlife habitats.
SMP 12.46 Development of Boat Ramps and other Boating Facilities
Assure no net loss of ecological functions as a result of boat ramp or other boating facility development.
SMP 12.47 Aesthetic Impacts of Boat Ramps and other Boating Facilities
Avoid or mitigate impacts to shoreline aesthetics as a result of boat ramp or other boating facility
development.
SMP-12.48 Habitat and Natural Systems Enhancement Projects
Advocate and foster habitat and natural system enhancement projects which restore the natural character
and function of the shoreline provided they are consistent with the Restoration Plan.
Gravel Pit Policies
SMP 12.49 Gravel Pit Operations
Planning Commission Recommended Draft—October 23, 2014 Chapter 2-Goals and Policies
Page 17 of 18
City of Spokane Valley Shoreline Master Program
Existing gravel pit operations may continue to operate and expand consistent with operational permits.
Active gravel pits are not regulated as Shorelines of the State until reclamation is complete and
Department of Natural Resources terminates the Surface Mine Reclamation Permit.
Planning Commission Recommended Draft—October 23, 2014 Chapter 2-Goals and Policies
Page 18 of 18
City of Spokane Valley Shoreline blaster Program
CHAPTER 3-Environment Designations
3.0 Introduction
Shoreline Environment Designations(SED)are analogous to zoning designations for areas within
the shoreline jurisdiction. SEDs provide a uniform basis for applying policies and use regulations
within each designation, if allowed by underlaying zoning requirements. SEDs are intended to
encourage appropriate uses and activities while providing for protection and restoration of
shoreline ecological functions. It is anticipated that reasonable standards, restrictions, and
prohibitions on shoreline developments will be instituted as shoreline regulations. This is
necessary so that shoreline development will reasonably protect existing uses and shoreline
character and assure'No Net Loss"of shoreline ecological functions is achieved.
SEDs are established based on existing use patterns, the biological and physical character of the
shoreline, and the goals and aspirations of the community as expressed through comprehensive
plans. For the City of Spokane Valley, the Inventory and Characterization Report, prepared by
URS Corp,2010 provided information on shoreline ecological functions; development patterns as
represented by existing building lots, zoning, and land use designations; and on current and
projected uses that were used to determine appropriate SEDs.
The shoreline designations are illustrated on the Shoreline Environment Designations Map (Map
3.1) which is an integral part of the SMP. Characteristics and general management policies for
each of the designations are given below. They provide the basis for development of regulations
for each SED.
3.1 City of Spokane Valley Environment Designations
The information provided for each SED generally follows the state classification guidelines
(WAC 173-26-211(4) and (5)). The state guidelines provide a recommended classification
system. Local governments may establish a different designation system or may retain their
current environment designations(WAC 173-26-211(5),211(4)(c)(i)).
The existing Pastoral, Conservancy, and Urban SEDs are proposed to be changed to new SEDs
that reflect the findings of the 2010 Shoreline Inventory(Inventory) and of current shoreline uses
as well as to allow for management of the shorelines under the new state guidelines. The
proposed SED categories are Urban-Conservancy-High Quality (UC-HQ), Urban Conservancy
(UC), Shoreline Residential—Waterfront (SR-W), Shoreline Residential-Upland (SR-U), and
Aquatic (AQ) for those areas within the OHWM. Much of the Spokane River shoreline is
designated as UC, with conservation areas identified in the 2010 Inventory as UC-HQ. These
designations closely reflect the existing Pastoral and Conservancy designations. Two shoreline
residential environments have been added along the Spokane River and at Shelley Lake to include
those areas currently zoned Single Family Residential and that have existing single-family
residences. The Shoreline Residential designation provides a means to allow for appropriate
residential uses for those areas directly adjacent to the water (SR-W) and for upland residential
areas(SR-U).
Each of the SEDs is described more fully below. Each SED includes a purpose statement, the
designation criteria and basic management policies.
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City of Spokane Valley Shoreline Master Program
3.1.1 Urban Conservancy—High Quality Environment(UC-HQ)
Purpose
The purpose of the "Urban Conservancy - High Quality" environment is to protect existing
ecological functions where they occur in high quality environments, while allowing very limited
compatible uses. High quality environments are those that include intact or minimally degraded
shoreline functions sensitive to human use. These areas require that only very low intensity uses
be allowed in order to maintain existing ecological functions.
Designation Criteria
Assign an "Urban Conservancy— High Quality" environment designation to shoreline areas that
were identified in the Inventory as high quality environments exhibiting significant habitat
diversity and were noted on the Inventory as conservation areas. These areas come close to
meeting the State's "Natural" designation but due to existing development impacts do not meet
all the criteria to classify them as "Natural". These areas are appropriate for limited low impact
public uses and for restoration activities. This designation generally impacts public lands; only
three locations are located on private property.
An "Urban Conservancy- High Quality" environment designation is assigned to shoreline areas if
any of the following characteristics apply:
A. The shoreline is ecologically intact and is performing important, shoreline functions or
ecosystem-wide process that would be damaged by human activity;
B. The shoreline is considered to represent ecosystems and geologic types that are of
particular scientific and educational interest;or
C. The shoreline is unable to support new development or uses without significant adverse
impacts to ecological functions or risk to human safety, with the exception of the
Centennial Trail and other existing low impact public uses.
Ecologically-intact shorelines can include large reaches covering multiple properties to small
areas located within a single property, and as used here, means those shoreline areas that retain
the majority of their natural shoreline functions, as evidenced by the shoreline configuration and
the presence of native vegetation. Generally, but not necessarily, ecologically-intact shorelines
are free of structural shoreline modifications,structures,and intensive human uses.
Management Policies
A. Any use that would substantially degrade the ecological functions or natural character of
the shoreline area should not be allowed.
B. The following new uses should not be allowed:
• Commercial uses.
• Industrial uses.
• Non-water oriented recreation. (Note: This does not preclude development
associated with the Centennial Trail and other limited low impact public uses.)
• Roads, utility corridors, and parking areas that can be located outside of UC-HQ
designated shorelines.
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City of Spokane Valley Shoreline Master Program
C. Single-family residential development shall be allowed within this environment if the
density and intensity of such use is limited to protect ecological functions and be
consistent with the purpose of the environment.
D. Scientific, historical, cultural, and educational research uses, and low-intensity water-
oriented recreational access uses may be allowed provided that no significant ecological
impact on the area will result.
E. New development or significant vegetation removal that would reduce the capability of
vegetation to perform normal ecological functions should not be allowed. Do not allow
the subdivision of property in a configuration that, to achieve its intended purpose, will
require significant vegetation removal or shoreline modification that adversely impacts
ecological functions.
F. Maintenance of existing utility corridor and infrastructure shall be allowed. If existing
high-quality vegetated areas are disturbed by maintenance activities mitigation shall be
required.
3.1.2 Urban Conservancy Environment(UC)
Purpose
The purpose of the "Urban Conservancy" environment is to protect and restore ecological
functions of open space, floodplain, and other sensitive lands where they exist in urban and
developed settings, while allowing for compatible uses, including appropriate public access and
recreational uses.
Designation Criteria
Assign an "Urban Conservancy" environment designation to shoreline areas appropriate and
planned for development that is compatible with maintaining or restoring the ecological functions
of the area and that are not generally suitable for water-dependent uses if any of the following
characteristics apply:
A. 1. They are suitable for water-related or water-enjoyment uses;
2. They are open space, flood plain, or other sensitive areas that should not be
intensively developed;
3. They have potential for ecological restoration;
4. They retain important ecological functions,even though partially developed;
5. They have the potential for development that is compatible with ecological
restoration; or
B. Areas within shoreline jurisdiction that are not mapped and/or designated are
automatically assigned as "Urban Conservancy" until the shoreline can be redesignated
through a master program amendment.
In the City, the Urban Conservancy Environment is located along much of the river with the
exception of areas that are either designated as UC-HQ or as Shoreline Residential. As shown in
the Inventory much of the near shoreline (riparian)areas are owned by the state and managed by
State Parks. Many upland areas in this designation are privately-owned large tracts.
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City of Spokane Valley Shoreline Master Program
Management Policies
A. Uses that preserve the natural character of the area or promote preservation of open
space, floodplain, or sensitive lands either directly or over the long term should be the
primary allowed uses. Uses that result in restoration of ecological functions should be
allowed if the use is otherwise compatible with the purpose of the environment and the
setting.
B. Standards should be established for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications within the "Urban Conservancy"
designation. These standards shall ensure that new development does not result in a net
loss of shoreline ecological functions or further degrade other shoreline values.
C. Public access and public recreation objectives should be implemented whenever feasible
and significant ecological impacts can be mitigated.
D. Water-oriented uses should be given priority over non-water oriented uses.
3.1.3 Shoreline Residential—Waterfront Environment(SR-W)
Purpose
The purpose of the "Shoreline Residential-Waterfront" environment is to accommodate
residential uses on lots within existing residential areas where the lot is immediately adjacent to
the shoreline.
Designation Criteria
Assign a "Shoreline Residential-Waterfront" environment designation to shoreline areas if they
are predominantly single-family or multi-family residential development or are planned and
platted for residential development and where the lot is immediately adjacent to the shoreline.
Within the City, areas that are included in this designation include Orchard Avenue, and portions
of the Coyote Rocks development.
Management Policies
A. Standards for density or minimum frontage width, buffers and setbacks, lot coverage
limitations, shoreline stabilization, vegetation conservation, critical area protection, and
water quality shall be set to assure no net loss of shoreline ecological functions, taking
into account the environmental limitations and sensitivity of the shoreline area, the level
of infrastructure and services available, existing zoning, and other comprehensive
planning considerations.
B. Multi-family and multi-lot residential and recreational developments should provide
public access and joint use for community recreational facilities unless appropriate public
access is available as determined by a Public Access Plan.
C. Access, utilities, and public services should be available and adequate to serve existing
needs and/or planned future development.
D. Management policies for direct access to the water, docks, and shoreline stabilization
techniques shall be included for this designation.
Planning Commission Recommended Draft—October 23, 2014 Ch. 3—Env. Designations
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City of Spokane Valley Shoreline Master Program
3.1.4 Shoreline Residential—Upland Environment(SR-U)
Purpose
The purpose of the "Shoreline Residential-Upland" environment is to accommodate residential
uses within existing residential areas that are separated from the shoreline by other properties.
Designation Criteria
Assign a "Shoreline Residential-Upland" environment designation to shoreline areas if they are
predominantly single-family or multi-family residential development or are planned and platted
for residential development and that are separated from the shoreline by either State Parks land
and/or by lots dedicated as open space,for example lots managed by a neighborhood association.
Within the City, areas located within this designation include existing residential uses including
the Greenacres neighborhood and Shelley Lake.
Management Policies
A. Standards that take into consideration that these properties are separated from the
waterfront for density or minimum frontage width, buffers and setbacks, lot coverage
limitations, vegetation conservation, critical area protection,and water quality shall be set
to assure no net loss of shoreline ecological functions, taking into account the
environmental limitations and sensitivity of the shoreline upland areas, the level of
infrastructure and services available, existing zoning and other comprehensive planning
considerations.
B. Multi-family and multi-lot residential and recreational developments should provide
public access to the adjacent public lands unless appropriate public access is available as
determined by a Public Access Plan.
C. Access, utilities, and public services should be available and adequate to serve existing
needs and/or planned future development.
3.1.5 Aquatic Environment(AQ)
Purpose
The purpose of the "Aquatic" environment is to protect, restore, and manage the unique
characteristics and resources of the areas waterward of the OHWM.
Designation Criteria
Assign an "Aquatic" environment designation to lands waterward of the OHWM.
Management policies
A. Allow new over-water structures only for water-dependent uses, single-family residential
docks,public access,or ecological restoration.
B. Permitting for activities and structures within the "Aquatic" environment shall comply
with all state and federal laws, including coordination with applicable agencies.
C. The"Aquatic"environment shall allow for public use on public waterways.
Planning Commission Recommended Draft—October 23, 2014 Ch. 3—Env. Designations
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City of Spokane Valley Shoreline Master Program
D. The size of new over-water structures should be limited to the minimum necessary to
support the structure's intended use.
E. In order to reduce the impacts of shoreline development and increase effective use of
water resources,multiple use of over-water facilities should be encouraged.
F. All developments and uses on navigable waters or their beds should be located and
designed to minimize interference with surface navigation, to consider impacts to public
views, and to allow for the safe,unobstructed passage of fish and wildlife.
G. Uses that adversely impact the ecological functions of freshwater habitats should not be
allowed except where necessary to achieve the objectives of RCW 90.58.020, and then
only when their impacts are mitigated according to the sequence described in WAC 173-
26-201(2)(e)as necessary to assure no net loss of ecological functions.
H. Shoreline uses and modifications should be designed and managed to prevent degradation
of water quality and alteration of natural hydrographic conditions.
I. Local governments should reserve shoreline space for shoreline preferred uses. Such
planning should consider upland and in-water uses,water quality,navigation, presence of
aquatic vegetation, critical habitats, aesthetics,public access,and views.
3.2 Historical City of Spokane Valley Environment Designations
Most of the Spokane River shorelines have an existing SED of Pastoral. There are four areas
within the City that due to existing uses have been designated as Conservancy. Two of these
areas are associated with railroads; the other two are Sullivan Park and Mirabeau Park.
Shorelines in the Orchard Avenue area are designated as Urban. The shorelines around Shelley
Lake are designated entirely as Conservancy. The gravel pits were not designated in the current
SMP,though the Sullivan Road gravel pit has a shoreline permit.
The Pastoral and Conservancy designations are both protective of the natural environment and
limit many uses. A description of each of the current environment designations is provided below
as well as a summary of some of the relevant Goals and Policies contained in Chapter 8 of the
City Comprehensive Plan.
The Pastoral Area Designation
The Pastoral area is intended to protect and maintain those shorelines which have historically
been subject to limited human interference and have preserved their natural quality as wildlife
habitat and places of scenic beauty. These areas are appropriate for passive agricultural and
recreational uses. Areas most appropriate are:
1. Open spaces used for livestock grazing and harvesting of non-cultivated crops;
2. Shorelines which have physical limitations which would preclude permanent
structures, such as floodplains, meandering stream ways, cliffs, and steep slope
areas subject to landslides;and
3. Wildlife habitats and areas of beauty whose ecological systems will only tolerate
limited human interference.
Because the areas are not suited for permanent structures, they are valued wildlife areas which
provide for grazing and "wild hay" for dispersed-use outdoor recreation. Management of the area
Planning Commission Recommended Draft—October 23, 2014 Ch. 3—Env. Designations
Page 6 of 7
City of Spokane Valley Shoreline Master Program
should be designed to prevent the loss or reduction of the wetland area and to restrict
development from hazardous areas.
The Conservancy Area Designation
The Conservancy Area is designated in the City for the purpose of maintaining the existing
character of shoreline resources while providing for non-intensive uses. Those uses that are
preferred in the Conservancy Area are those which may utilize the natural resources on a
sustained-yield basis. These uses include passive agricultural activity, timber harvesting on a
sustained-yield basis, and diffuse outdoor recreation. The Conservancy Area is designated to
protect agricultural land from encroachment by urban uses while providing for recreation
wherever recreation will not interfere with agricultural practices. Non-permanent kinds of
structures and uses which will not reduce the quantity or quality of the physical and biological
resources of the area are to be given priority in the Conservancy Area.
The Conservancy Area is intended to prohibit intensive use of areas having physical hazards,
severe biophysical limitations which would not be appropriate for rural or urban uses, areas prone
to flooding, and areas which cannot provide adequate water supply or sewage disposal for
intensive activities.
The Urban Area Designation
The Urban Area designation is intended to accommodate compatible water-dependent and water-
oriented uses in shoreline areas. The Urban Area is to be managed so that shoreline
developments will enhance and maintain the shoreline for a multiplicity of uses. The Urban Area
is designated in the City to encourage the redevelopment of existing urban areas and to control
the expansion of urban uses in characteristically rural areas of the county. Those urban uses
which are water-dependent and can provide visual and/or safe access to the waterfront are to be
given priority for shoreline locations.
Planning Commission Recommended Draft—October 23, 2014 Ch. 3—Env. Designations
Page 7 of 7
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Chapter 4-CHAPTER 21.50-SHORELINE REGULATIONS
4.0 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. Hazardous substance remedial actions pursuant to a consent decree, order,or agreed order issued
pursuant to chapter 70.105D RCW are exempt from all procedural requirements of the SMP.
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.
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.
Planning Commission Recommended Draft—October 23, 2014 Chapter 4—Development Regulations
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City of Spokane Valley Shoreline Master Program
21.50.030 Administrative Authority and Responsibility
A. The City Manager has designated the Community Development Director(Director)as the City's
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 Director 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 Director 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 Director 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.
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.
Planning Commission Recommended Draft—October 23, 2014 Chapter 4—Development Regulations
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City of Spokane Valley Shoreline Master Program
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 Director;and
d. The Director 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 for a Shoreline Substantial Development Permit,or the issue date
of a Shoreline Conditional Use permit or Variance decision, pursuant to WAC 173-27-
190.
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;
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 Director; and
6. Ability of the project to satisfy the purpose and intent of the SMP.
B. Based upon the project evaluation,the Director 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
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3. Deny the development or use.
C. The decision by the Director 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 Director 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;
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;
I. 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,
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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).
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 11 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 are exempt from the requirement to obtain a Shoreline Substantial
Development Permit pursuant to WAC 173-27-040. 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.
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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$6,416 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(2)(c). 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:
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
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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$20,000, but if subsequent construction
having a fair market value exceeding$2,500 occurs within five years of completion of the prior
construction,the subsequent construction shall be considered a substantial development.
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;
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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 43.21C.
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.
0. 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.
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 Director 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.
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C. Process-A Shoreline Conditional Use Permit shall be processed as a Type 11 review pursuant to
SVMC 17.80 Permit Processing Procedures. The Director 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 Director'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 Director 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 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 Director shall be the final authority for the City. The
Director'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.
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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
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.
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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:
i. The property is located within a residential or conservancy shoreline
environment;
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.
i. 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:
i. 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:
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i. 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.
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 Director 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.
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4. Substantive changes which cannot meet these requirements shall require a new shoreline
permit. Any additional shoreline permit shall be processed under the applicable tern-is 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 WAC 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.
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 Director 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 Director.
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.
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3. The Director 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.
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4.1 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, 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.
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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.
C. The Director 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.
Table 21.50-1: Shoreline Uses
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I I I
0T A
0 ^O C6 C6
C C
° UUC „a C c.i, = u
SHORELINE USES
Cl) Cl) � x d
Agricultural Activities
Aquaculture
Boating Facilities(Including launches,
ramps, public/commercial docks,and
private docks serving more than four
residences)
N/A P C I
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 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
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Private docks serving one to four single-
family residences N/A P P P
Accessory Dwelling Units P P P P
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:
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.
5 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.
7 A 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.
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Table 21.50-2: Shoreline Modification Activities
I1 I
L5 U U ci) c c d
SHORELINE MODIFICATION E.c. „°c 'Q 'Q OD
ACTIVITY `” `f) 3 x d
Shoreline/Slope Stabilization
Structural,such as bulkheads P P
Nonstructural, such as soil bioengineering P P P
i
Piers and Docks
Piers N/A P C
Viewing Platforms P P P
Docks N/A P C I
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
I 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:
a. Involve shoreline modifications;
b. Request a buffer or setback reduction pursuant to SVMC 21.50.230 Shoreline
Buffers and Building Setbacks;
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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
Director 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(E)(2); or
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
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Environment Urban Urban Shoreline Shoreline
Conservancy Conservancy— Residential- Residential -
High Quality Upland Waterfront
Setback 10 foot 15 foot 0 foot I 0 foot 1
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.
5. 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.
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:
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i. 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 Director 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 Director as part of the permit review process.
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.
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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:
i. 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:
i. 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:
i. 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 Director'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:
i. 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 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:
i. 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;
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(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 21.250.210. 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.
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
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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 II Municipal Stormwater Permit requirements,applicable total
maximum daily loads laws and regulations,and other water cleanup plans.
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.
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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 Director 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.
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;
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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.
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;
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h. Landscaping within the shoreline setback area shall incorporate native plant
materials;
i. 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).
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).
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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
Director,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
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
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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 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.
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;
b. Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit; and
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c. Obtain a Shoreline Substantial Development Permit.
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 Director;
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.
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.
I. 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:
i. 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.
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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.
I. New road and bridge construction and expansion of existing roads and bridges shall only
be located within the shoreline jurisdiction upon approval by the Director 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 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.
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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
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:
i. The anticipated effects of the project on fish and wildlife habitat and
migration areas;
ii. 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:
i. 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
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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.
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:
i. 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:
i. 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:
i. 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:
i. 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:
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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
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:
i, 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
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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 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;
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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.
4.2 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.
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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.
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 III 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.
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C. All critical area assessments, investigations,and reports shall be completed by a Qualified
Professional.
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;
i. 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 Director 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.
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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.
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:
i. 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 Director.
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 Director 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.
I. 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:
i. 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.
E. Sureties.
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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 Director. 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 Director,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 Director 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 Director 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.
21.50.520 Wetlands-Shoreline Critical Area Regulations
A. Applicability. This section applies to all uses,activities,and structures within or adjacent to
wetlands, unless specifically exempted by SVMC 21.50.480.
B. Designation, delineation, and classification.
1. Wetlands are those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support,and that under normal circumstances do
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support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include, but are not limited to, swamps, marshes,bogs,ponds,and
similar areas. Wetlands do not include those artificial wetlands intentionally created
from non-wetland sites, including, but not limited to, irrigation and drainage ditches,
grass-lined swales,canals,detention facilities, wastewater treatment facilities,and
landscape amenities,or those wetlands created after July 1, 1990 that were
unintentionally created as a result of the construction or a road,street,or highway.
Wetlands may include those artificial wetlands intentionally created from non-wetland
areas to mitigate the conversion of wetlands.
2. Identification of wetlands and delineation of their boundaries shall be determined through
a field investigation by a Qualified Professional in accordance with the 1987 Corps of
Engineers Wetlands Delineation Manual and the Regional Supplement to The Corps of
Engineers Wetland Delineation Manual: Arid West Region(September 2008). Wetland
delineations are valid for five years, after which the City shall determine whether a
revision or additional assessment is necessary.
3. Classification. Wetlands shall be rated by a Qualified Professional according to the
Ecology wetland rating system as set forth in the Washington State Wetland Rating
System for Eastern Washington(Ecology Publication#04-06-015,November 2010 as
adopted or amended). The wetland categories are generally defined as follows:
a. Category I(scores of 70 points or more): Wetlands that perform many functions
very well. These wetlands are those that:
i. Represent a unique or rare wetland type;
ii. Are more sensitive to disturbance than most wetlands;
iii. Are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime;or
iv. Provide a high level of function.
b. Category II(scores between 51-69 points): Forested wetlands in the floodplains
of rivers or wetlands that perform functions well.
c. Category III(scores between 30-50 points): Wetlands that have a moderate level
of functions. These wetlands have been disturbed in some way and are often less
diverse or more isolated from other natural resources in the landscape than
Category II wetlands.
d. Category IV(scores fewer than 30 points): These wetlands have the lowest level
of functions and are often heavily disturbed but have important functions that
need to be protected.
4. Wetland rating categories shall not change due to any illegal modifications.
C. Wetland buffers.
1. Applicability. These buffer provisions apply to all wetlands that:
a. Are not associated with riparian areas or buffers;
b. Do not contain habitat identified as essential for local populations of priority
species identified by WDFW or Natural Heritage plant species identified by the
WDNR;
c. Are not a vernal pool;
d. Are not an alkali wetland; and
e. Do not contain aspen stands.
2. Except as otherwise specified or allowed in SVMC 21.50.520(C)(1), wetland buffers
shall be retained in an undisturbed or enhanced condition.
3. Buffer widths.
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a. All buffers widths shall be measured perpendicularly from the wetland boundary
as surveyed in the field.
b. The total buffer width shall be calculated by adding the standard and the
additional buffer widths together.
c. The standard buffer widths in Table 21.50-4 are based on the category of
wetland. In order to qualify for the standard buffer widths in Table 1,the
measures in Table 21.50-5 shall be implemented,where applicable,to minimize
the impacts of the adjacent land uses on the wetland(s).
d. Additional buffer widths listed in Table 1 shall be added to the standard buffer
widths based on the habitat score for the wetland.
Table 21.50-4: Wetland Buffer Requirements
Additional Buffer Additional Buffer Additional Buffer
Wetland Standard Buffer Width if Wetland Width if Wetland Width if Wetland
Category Width Scores 21-25 Scores 26-29 Scores>30
Habitat Points Habitat Points Habitat Points
Category I 100 feet Add 15 feet Add 45 feet Add 75 feet
Category II 75 feet Add 15 feet Add 45 feet Add 75 feet
Category III 60 feet Add 30 feet Add 60 feet N/A
Category IV 40 feet N/A N/A N/A
4. Increased buffer widths.
a. If measures listed in Table 21.50-5 are not implemented,then the standard buffer
widths in Table 21.50-4 shall be increased by 33 percent.
b. Buffer widths may be increased on a case-by-case basis when the wetland is used
by a plant or animal species listed by the federal government or the state as
endangered,threatened, candidate, sensitive,monitored, or documented priority
species or habitats, or essential or outstanding habitat for those species or has
unusual nesting or resting sites. The buffer increase should be determined by the
Qualified Professional in the critical areas report.
Table 21.50-5: Required Measures to Minimize Impacts to Wetlands
Disturbance Required Measures to Minimize Impacts
Lights • Direct lights away from wetland
•
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Disturbance Required Measures to Minimize Impacts
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 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
Stormwater runoff • Route all untreated runoff away from wetland while
ensuring wetland is not dewatered
• Retrofit substandard stormwater facilities
• 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 this area
Dust • Use best management practices to control dust
Disruption of corridors or • Maintain connections to off-site areas that are undisturbed
connections • Restore corridors or connections to off-site habitats by
Vegetation alteration • Protect and maintain native plant communities in buffers
5. Buffer averaging.
a. Buffer averaging to improve wetland protection may be allowed when all of the
following conditions are met:
i. The wetland has significant differences in characteristics that affect its
habitat functions and 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;
ii. The total area of the buffer after averaging is equal to the area required
without averaging; and
iii. The buffer at its narrowest point is not less than either 75 percent of the
required width or 75 feet for Category I and II, 50 feet for Category III
and 30 feet for Category IV,whichever is greater.
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b. Buffer averaging to allow reasonable use of a parcel may be allowed when all of
the following are met:
i. There are no feasible alternatives to the site design that could be
accomplished without buffer averaging;
ii. The averaged buffer will not result in degradation of the wetland's
functions and values as demonstrated by a critical areas report;
iii. The total buffer area after averaging is equal or greater to the area
required without averaging;and
iv. The buffer at its narrowest point is not less than either 75 percent of the
required width or 75 feet for Category I and II, 50 feet for Category III
and 30 feet for Category IV,whichever is greater.
6. Signs and fencing.
a. Temporary.
i. The outer perimeter of wetland buffers and the clearing limits shall be
signed and fenced to ensure that no unauthorized intrusion will occur
during construction.
ii. Temporary signs and fencing shall be placed prior to beginning permitted
activities and maintained throughout construction.
b. Permanent.
i. The Director,at his/her sole discretion, may require installation of
permanent signs and/or fencing along the boundary of a wetland or
buffer.
ii. Permanent signs shall be made of an enamel-coated metal face and
attached to a metal post or another non-treated material of equal
durability. Signs, if required by the Director,shall be posted at an
interval not less than one per lot,and which shall be maintained in
perpetuity by the property owner. The obligation to maintain permanent
signs shall be recorded against the property in a form acceptable to the
City.
iii. The signs shall be worded as follows or with alternative language
approved by the Director:
Protected Wetland Area
Do Not Disturb
Contact the City of Spokane Valley
Community Development Department
Regarding Uses,Restrictions,and Opportunities for Stewardship
iv. Permanent fence shall be installed and maintained around the wetland
buffer when domestic grazing animals are present or may be introduced
on site.
v. Fencing shall be constructed and maintained in a manner that minimizes
impacts to the wetland and associated habitat and designed so as to not
interfere with species migration, including fish runs.
D. Mitigation.
1. Mitigation ratios.
a. Impacts resulting from alteration to wetlands shall be mitigated using the ratios
specified in Table 21.50-6 below:
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Table 21.50-6: Wetland Mitigation Ratios'
Wetland Creation or
Category Re-establishment 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 N 1.5:1 3:1 6:1
Refer to Wetland Mitigation in Washington State,Part 1: Agency Policies and
Guidance,(Ecology Publication#06-06-011a,March 2006),for further information
on wetland creation,re-establishment,rehabilitation,and enhancement.
b. Impacts to buffers shall be mitigated at a 1:1 ratio. Only fully vegetated buffer
areas will be included in mitigation calculations. Lawns,walkways,driveways,
and other mowed or paved areas shall be excluded from buffer area calculations.
c. Credit/Debit Method. As an alternative to the mitigation ratios provided in Table
21.50-6,the Director 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#11-06-015,August 2012,as adopted or amended).
2. Wetland mitigation banks.
a. Credits from a wetland mitigation bank may be approved as off-site mitigation
for unavoidable impacts to wetlands when:
i. The bank program is certified under state rules;
ii. The Director determines that the wetland mitigation bank provides
appropriate compensation for the authorized impacts; and
iii. The proposed use of credits is consistent with the terms and conditions of
the certified bank instrument.
b. Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the certified bank instrument.
c. 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.
d. When applying for a wetland mitigation bank,the Applicant shall prepare a
Wetland Mitigation 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. Compensatory mitigation is encouraged to be completed prior to activities that
will disturb wetlands.
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b. Compensatory mitigation shall be completed no later than immediately following
disturbance and prior to use or occupancy of the action or development.
Construction of mitigation projects shall be timed to reduce impacts to existing
fisheries,wildlife, and flora.
c. The Director may authorize a one-time delay of mitigation when the Applicant
provides a compelling written rationale for the delay with recommendations from
a qualified wetland professional if the delay shall not:
i. 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.
E. Additional critical area report requirements for wetlands.
1. In addition to the critical area report requirements in SVMC 21.50.500, wetland reports
shall include:
a. 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;
b. A description of the methodologies used to conduct the wetland delineations,
function assessments, or impact analyses including references;
c. For each wetland identified on site, adjacent to and within 200 feet of the project
site,provide:
i. Required buffers;
ii. A professional survey from the field delineation that identifies:
(1) Wetland rating;
(2) Hydrogeomorphic classification;
(3) Cowardin classification of vegetation communities;
(4) On-site wetland acreage; and
(5) Ecological function of the wetland and buffer.
Note: The above shall be based on entire wetland complexes, not only
the portion present on the proposed project site.
iii. Estimates of acreage and boundary for the entire wetland area where
portions of the wetland extend off-site;
iv. Description of habitat elements;
v. Soil conditions based on site assessment and soil survey information; and
vi. The following information shall be provided to the extent possible:
(1) Hydrologic information such as location and condition of
inlet/outlets(if they can be legally accessed);
(2) Estimated water depths within the wetland;and
(3) Estimated hydroperiod patterns based on visual cues(e.g., algal
mats, drift lines,flood debris, etc.);
d. A description of the proposed actions and survey and an analysis of site
development alternatives, including a no-development alternative;
e. An assessment of the probable impacts to the wetlands and buffers resulting from
the proposed development, including:
i. An estimation of acreages of impacts to wetlands and buffers based on
the field delineation;
ii. Impacts associated with anticipated hydroperiod alterations from the
project; and
iii. Impacted wetland functions;
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f. A description of how mitigation sequencing was applied pursuant to SVMC
21.50.210 No Net Loss and Mitigation Sequencing;
g. A discussion of mitigation measures,proposed to preserve existing wetlands and
restore any wetlands that were degraded by the current proposed land-use
activity;
h. Methods to protect and enhance on-site habitat and wetland functions;
i. A site plan,drawn to scale,with the following information:
i. Delineated wetland(s)and required buffer(s)for on-site wetlands as well
as off-site critical areas that extend onto the project site;
ii. Areas of proposed impacts to wetlands and/or buffers(include square
footage estimates);
iii. Proposed stormwater management facilities and outlets for the
development, including estimated areas of intrusion into the buffers of
any critical areas; and
j. A mitigation plan, if required.
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 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
CARA.
C. Performance standards.
The uses listed in Table 21.50-7 shall be conditioned as necessary to protect CARAs in
accordance with the applicable state and federal regulations.
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Table 21.50-7: 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 General
Junk Yards and Salvage Yards 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.
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.
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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. Applicability. This section applies to all uses,activities,and structures within designated
FWHCAs.
B. Designation.
1. The shoreline buffer as mapped by the City,which protects riparian habitat,and the
waters and land underneath the Spokane River are FWHCAs. 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. Additionally,all areas meeting one or more of the following criteria,regardless of any
formal identification, are hereby designated FWHCAs:
a. Areas where state or federal designated endangered,threatened,or sensitive
species have a primary association;
b. State priority habitats and areas associated with state priority species, as
identified by the WSDFW and are updated periodically; and
c. State natural area preserves and natural resource conservation areas. Natural area
preserves and natural resource conservation areas are defined, established,and
managed by WDNR.
C. Performance standards. All development and uses shall be prohibited within FWHCAs
designated in SVMC 21.50.540(B)(2),except in accordance with this section. Buffers shall be
required only for FWHCAs described under SVMC 21.50.540(B)(2),excluding Priority Habitats.
Buffer requirements shall be based on the recommendations of the FWHCA critical area report.
Buffers shall not exceed 100 horizontal feet from the edge of the FWHCA.
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General.
a. A FWHCA 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.
b. 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.
c. Contiguous functioning habitat corridors are preferred to minimize the isolating
effects of development on habitat areas.
d. Vegetation.
i. Vegetation shall be maintained in its natural state and shall be disturbed
only as minimally necessary for the development; and
ii. Riparian vegetation shall not be removed unless there are no other
alternatives available. 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.
e. The subdivision and short subdivision of land shall comply with the following
provisions:
i. Land that is located wholly within a FWHCA or its buffer may not be
subdivided;
ii. Land that is located partially within a FWHCA or its buffer may be
dividedlprovided that an accessible and contiguous portion of each new
lot is located outside of the habitat conservation area or its buffer;and
iii. 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 the SMP.
f. The project may be conditioned to minimize or mitigate any potential adverse
impacts. Conditions may include, but are not limited to,the following:
i. Establishment of buffer zones;
ii. Preservation of critically important vegetation, including requirements
for re-vegetation of disturbed areas with native plants;
iii. Vegetation screenings to reduce the potential for harassment from people
and/or domesticated animals;
iv. Limitation of access to the habitat area during critical times of the year;
v. Fencing to protect wildlife and deter unauthorized access;
vi. Dedication of all or part of the required open space to fish and wildlife
habitat conservation; and
vii. Seasonal restriction of construction activities.
2. 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 US Fish
and Wildlife Service(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.
c. Bald eagle habitat shall be protected consistent with:
i. WAC 232-12-292, Washington State Bald Eagle Protection Rules; and
ii. The Bald and Golden Eagle Protection Act,which may require a permit
obtained from the USFWS.
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D. Mitigation,maintenance,and monitoring for FWHCAs designated in SVMC 21.50.540(B)(2).
1. 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.
2. Where necessary, a permanent means of irrigation shall be installed for the mitigation
plantings. The design shall meet the specific needs of riparian and shrub steppe
vegetation and be prepared by a Qualified Professional and/or landscape architect.
3. Mitigation shall be installed no later than the next growing season after completion of site
improvements,unless otherwise approved by the Director.
4. Mitigation sites shall be maintained to ensure that the mitigation and management plan
objectives are successful.
5. Maintenance shall include corrective actions to rectify problems, include rigorous,as-
needed elimination of undesirable plants,protection of shrubs and small trees from
competition by grasses and herbaceous plants,and repair and replacement of any dead
plants.
6. Planting areas shall be maintained so they have less than 20 percent total non-
native/invasive plant cover consisting of exotic and/or invasive species. Exotic and
invasive species include any species on the state noxious weed list, or considered a
noxious or problem weed by the Natural Conservation Services Department or local
conservation district.
7. The Applicant shall monitor the performance of any required mitigation and submit
performance monitoring reports to the City consistent with the following:
a. Mitigation sites shall be monitored for five years.
b. Monitoring reports shall be submitted by a Qualified Professional:
i. One year after mitigation installation;
ii. Three years after mitigation installation; and
iii. Five years after mitigation installation.
c. The Qualified Professional shall verify whether the conditions of approval and
provisions in the fish and wildlife management and mitigation plan have been
satisfied.
d. Mitigation planting survival shall be 100 percent for the first year,and 80 percent
for each of the four years following.
E. Additional critical area report requirements for FWHCAs designated in SVMC 21.50.540(B)(2).
1. Report Contents. In addition to the critical area report requirements in SVMC 21.50.500,
FWHCA reports shall include:
a. Habitat assessment, including:
i. Detailed description of vegetation on and adjacent to the project area;
ii. Identification of any species of local importance, priority habitats and
species,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;
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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.
2. Any proposal in a FWHCA or within 1,320 feet from a priority species den or nest site
that the Director(in consultation with the WDFW)determines is likely to have an
adverse impact on a FWHCA or associated species shall provide a Habitat Management
Plan, including:
a. A plan, drawn to scale,that identifies:
i. The location of the proposed site;
ii. The relationship of the site to surrounding topographic and built
elements;
iii. The nature and intensity of the proposed use or activity;
iv. Proposed improvement(s) locations and arrangements;
v. The location of the OHWM, shoreline jurisdiction, and riparian habitat
area boundary lines;
vi. The legal description and the total acreage of the parcel;
vii. Existing structures and landscape features including the name and
location of each;and
viii. The location of priority habitat types or priority species point locations
within 1,320 feet of the proposal;
b. An analysis of the impact of the proposed use or activity upon FWHCAs or
associated species and riparian habitat area;
c. A mitigation plan that may include,but is not limited to:
i. Establishment of perpetual buffer areas;
ii. Preservation and/or restoration of native flora;
iii. Limitation of access to habitat area;
iv. Seasonal restriction of construction activities;
v. Clustering of development and preservation of open space;
vi. Signs marking habitats or habitat buffer areas;
vii. Use of low impact development techniques;
viii. Recorded deed,plat,binding site plan,or planned unit development
covenant,condition, or restriction legally establishing a riparian habitat
area for subject property;
ix. Conservation or preservation easements; and
x. Dedication or conveyance of title of a riparian habitat area to a public
entity for the purpose of conservation; and
d. A summary of consultation with a habitat biologist 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 Director shall have the
authority to approve habitat management plans or require additional information.
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.
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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 Director 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:
i. 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;
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
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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 SMP. The requirement for long-term
slope stability shall exclude designs that require regular and periodic maintenance to
maintain their Ievel 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.
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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 Director 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.
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:
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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:
i. 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:
i. 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;
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);
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i. Proposals impacting an Erosion or Landslide Hazard Area shall include the
following additional information:
i. 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:
i. 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.
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:
i. 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.
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APPENDIX A-I
SHORELINE MASTE 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.
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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 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),RCW 90.58.147,RCW 90.58355,and RCW 90.58.515. See
also"Shoreline exemption,letter of".
Feasible: An action, such as a project,mitigation measure,or preservation requirement,which meets all
of the following conditions:
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City of Spokane Valley Shoreline Master Program
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.
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.
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City of Spokane Valley Shoreline Master Program
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 structure: A structure within the shoreline 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, 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.
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City of Spokane Valley Shoreline Master Program
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.
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".
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City of Spokane Valley Shoreline Master Program
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 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.
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City of Spokane Valley Shoreline Master Program
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 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.
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Spokane Valley Shoreline Master Program and Development
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Public Involvement Plan
Project
Update the Shoreline Master Program (SMP) and Development Regulations consistent
with the Department of Ecology Guidelines. The update process includes completion of
inventory and analysis reports with corresponding maps and illustrations that characterize
shoreline ecological conditions; development of shoreline policies, environment
designations, and use regulations; as well as analysis of cumulative impacts and uses,and
preparation of a shoreline restoration plan.
Applicable Rules and Regulations
The following regulations apply to this project:
1. WAC 173-26-201 Comprehensive process to prepare or amend SMPs.
2. WAC 173-26-100 Local process for approving/amending SMPs.
3. RCW 36.70A.140 Comprehensive Plans—Ensure public participation.
4. RCW 90.58.130 Involvement of all persons having an interest or means.
5. WAC 365-195-600 Public participation.
Public Involvement Plan Overview
The public involvement plan is based on the following requirements or points:
1. Create opportunities for early and continuous involvement of all interested parties
that include shoreline property owners, state agencies, tribes, local residents,
neighboring jurisdictions, elected officials, recreational users, conservation
groups, etc.;
2. Include opportunities to identify shoreline management issues of local concern
early in the process; and
3. Inform the public of the process, opportunities to participate, decisions made,and
next steps by utilizing various media methods.
The plan includes the use of a Shoreline Advisory Committee and the identification of a
Technical Advisory Group, community meetings, Planning Commission and City
Council workshops, meetings and briefings, creation of a shoreline page on the City's
website, and mailings. The specific elements of the plan include:
Page 1 October 1,2009
SMP and Development Regulations Update
Public Involvement Plan
A. Citizens Advisory Committee and Technical Review Group
A Technical Review Group (TRG) will consist of representatives from local, regional,
state, and tribal agencies. The City is required to seek input, participation, and
recommendations from these groups. Completed phases of the update will be provided to
the group for review and comment to share information, encourage cooperation, and
promote intergovernmental activity associated with the SMP update. A list of TRG
members will be developed for distribution of materials.
A Shoreline Advisory Committee (SAC) will be established to provide feedback and
communication primarily during the development of goals, policies, and supporting
development regulations. However, the SAC may be used throughout the process. The
SAC will consist of property owners, interested neighborhood groups, recreational users,
interested individuals, and organizations with technical expertise. A limited number of
government and agency representatives may be involved at this level. The SAC will
review and discuss the findings and or recommendations associated with the phases listed
below.
Key points for discussion with committees are:
1. Shoreline inventory, characterization, and analysis
a. Present report and request feedback and issue
identification.
2. Shoreline environment designation
a. Introduce designations and rationale—request input.
3. Shoreline policy and regulation development
a. Ongoing meetings to review the draft policy and regulation
language.
4. Cumulative impacts analysis and restoration planning
a. Present reports and request input.
B. Open Houses/Community Meetings
This format will be used to educate the public on the SMP and gain input from the public
on issues or alternatives. Open houses will be scheduled at the conclusion of the
following tasks or other significant timeline events:
1. Shoreline inventory, characterization, and analysis report;
2. Development of the environment designations;
3. Draft shoreline policy and regulations;
4. Draft cumulative impacts analysis and restoration plan; and
5. Final Draft Plan and Development Regulations
C. City of Spokane Valley Web Page
Staff will create and maintain a web page. The web page will be used to issue press
releases, SMP updates, and notices for public meeting. Content updates will occur as
Page 2 October 1, 2009
SMP and Development Regulations Update
Public Involvement Plan
new information is available. The web page will also be used to distribute information
and provide opportunity for public comment. Materials on the site will include fact
sheets, reports, maps (as they become available), meeting notices, agendas, summaries,
and staff contact information.
D. Informational Mailings
Mailings will be sent to all the property owners within the shoreline jurisdictional area
that describe the SMP update process, introduce the City of Spokane Valley web page
where information can be consistently found regarding the shoreline update process, and
identify key staff for contact information. Property owners will be encouraged to provide
their email addresses for the email distribution list. Additional mailings may be
completed for open houses and public hearings to insure opportunity for feed back.
E. E-mail Notification and Mailing Lists
Staff will maintain an email distribution list and a mailing distribution list for notices of
scheduled public meetings. Notice will be provided by mail and/or email. Individuals
and organizations interested in being on the mailing list will be provided opportunity to
add their names to the list at public meetings, on the shoreline website, or by contacting
staff directly. Staff will distribute updates, notices for open houses, and notices for
Planning Commission and City Council meetings.
F. Press Releases
Press releases will be prepared and published area wide prior to each open house.
G. Planning Commission Updates/Public Hearings
Staff will provide monthly updates to the Planning Commission on process and progress.
Study sessions will be scheduled at the conclusion of major tasks or other significant
timeline events. Tasks and information to be reviewed will be the same as the Committee
work program. The Commission will conduct a public hearing and provide a
recommendation to the City Council to accept each completed phase of the SMP update
by resolution. Additional study sessions/workshops will beheld prior to public hearings
for final review by the Planning Commission. The Planning Commission will hold a
minimum of one public hearing and forward its final recommendations and findings to
the City Council for further action.
H. Joint Planning Commission and City Council Review Meetings
Joint work sessions may be held between the Planning Commission and City Council to
review preliminary SMP information at the conclusion of major tasks. Joint sessions will
be scheduled at the discretion of staff if it is determined to be a more efficient means to
review information.
Page 3 October I,2009
SMP and Development Regulations Update
Public Involvement Plan
I. City Council Updates/Public Hearings
Staff will provide quarterly updates to the City Council. As major components of the
SMP are completed, the City Council will be asked to accept them individually by
resolution (or other mechanism) including the public participation plan, inventory and
analysis, environmental designations, goals and policies, and regulations. Study sessions
will be conducted prior to a request for action on each component. Study sessions will be
conducted prior to any public hearings conducted for final adoption of the plan.
J. Additional Public Meetings
Staff may elect to hold additional meetings if it is determined that more meetings are
needed to provide project information and/or additional opportunities for gathering public
comments and public participation.
K. Written Comments
Written comments will be considered throughout the SMP update. During formal
comment periods, written comments must be received by the end of the public comment
period (to be determined). All written comments should be sent to the address below or
may be submitted through the SMP update web page.
City of Spokane Valley
Community Development Department
11707 E Sprague Ave, Suite 106
Spokane Valley, WA 99206
Fax 509-921-1008
L. Staff
Staff will be available to answer questions and provide information regarding the SMP
update. The following individuals may be contacted for shoreline update information:
Greg McCormick,AICP, Planning Manager, Project Lead(509) 688-0023
Lori Barlow,Associate Planner(509)688-0262
Micki Harnois,Associate Planner(509) 688-0048
Page 4 October 1,2009