CLALLAM COUNTY. Preliminary Draft Committee Review. Shoreline Master Program (SMP) Proposed Update to the 1992 Clallam County SMP

Transcription

1 Preliminary Draft Committee Review CLALLAM COUNTY Shoreline Master Program (SMP) Proposed Update to the 1992 Clallam County SMP Note to Reviewers: This is a preliminary draft of the proposed revisions to the County s Shoreline Master Program (Title 35 of the Clallam County Code).The County s SMP was adopted in 1976 and last updated in This preliminary draft is intended for review by the County staff, the SMP Advisory Committee and other interested parties. The format and organization of this draft differ from the existing SMP, but the content is similar overall. This version incorporates information from the existing SMP and proposes new policies and regulations intended to achieve the goals of the Shoreline Management Act (RCW 90.58) and the community s vision for shoreline management. Please refer to the Vision Report, the Final Consistency Review, and the SMP Summary Comparison Matrix on the County s SMP webpage ( for a more complete understanding of the rationale behind the proposed SMP update. This is still a work in progress and there will likely be several revisions to this document before a new updated SMP is adopted. This document has not yet had a formal review by a technical editor, so there will likely be inconsistencies in terminology, formatting and/or grammar/syntax that need to be corrected. Additional work will be needed to fully address the western part of the county, which drains to the Pacific Ocean (WRIA 20). Eventually, the Planning Commission and Board of County Commissioners will review the proposed SMP revisions and hold formal hearings to solicit public comment. Once the new SMP is adopted, it must be approved by the State Department of Ecology before it can take effect. Your review will help improve and enhance the final version. Funded by: Ecology Grant: G EPA Grant: PO-00J08801

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3 Program Overview The following is an overview of the Shoreline Master Program (Program or SMP) with background information on how it was developed, a brief explanation of its general format, and tips on procedures for using this document for a proposed shoreline development project. Background Information Clallam County is updating the SMP to improve protection of the shoreline environments and ensure their continued use and enjoyment. The update is also required by the Shoreline Management Act of 1971 (RCW 90.58) and Chapter of the Washington Administrative Code (WAC ). The latter is a set of rules commonly referred to as the SMP Guidelines. The Washington State Department of Ecology (Ecology) promulgated these rules as instructions to local governments for preparing SMPs. Ecology reviews all locally adopted SMPs to ensure they meet the policies and provisions of the Shoreline Management Act. Ultimately Ecology must approve Clallam County s SMP update before it takes effect 1. There are many steps to the SMP update process ( Figure 1). The County prepared a Consistency Review to identify and consider which if any of the existing SMP policies or regulations needed to change. The results are presented in the Consistency Review (July 2011), which is available on the County s website. The Consistency Review identified several areas where the SMP could be improved to be more consistent with current State requirements, to enhance clarity and readability, and/or to address likely future development scenarios. Clallam County also conducted a series of public forums, interviews, and workshops to talk with citizens about their goals and visions for shoreline management. The results are documented in two reports: the Vision Statement (August 2011) for Water Resource Inventory Areas (WRIAs) 17, 18 and 19, and the Visioning Forums and Interview Report (June 2011) for WRIA 20, both of which are available on the County s website. These reports reflect the shared history of local residents and their ideas and goals about how to accommodate change in the future. Tribal community perspectives about shoreline use are also summarized, based on interviews with Tribal staff and elected officials. Finally, these vision reports talk about Clallam County shorelines in the future as a gauge for designing policies and regulations that will provide a future that the community wants. Clallam County also prepared two Shoreline Characterization and Inventory Reports (ICRs), which are also available on the County s website. These ICRs describe the shoreline conditions in terms of their characteristics, functions, and values. The ICRs were compiled to meet the requirements in RCW (1) and WAC (2). The policies and regulations of this SMP are based on the results of the ICRs. The ICRs considered plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by Tribes and private individuals, and by other organizations dealing with pertinent shorelines of the state. The data sources are identified in the ICRs. 1 Consequences for failing to achieve Ecology approval in a timely manner could result in legal challenges or other adverse circumstances. Ultimately, the State could step in and update the SMP for the County. February 2012 i

4 Figure 1. Steps to the Shoreline Master Program Update Process The ICRs also include a Geographic Information System (GIS) database. This GIS will link the inventory information to parcels and applicable goals, policies, and regulations, and it will be updated as additional data become available. The GIS database was also used to update the Shoreline Environment Designations (SEDs) that apply to each shoreline segment. The SEDs provide a system for managing shorelines with similar ecological characteristics and land use patterns in a similar manner. The County is also preparing other background studies to support the SMP update, including a restoration plan, a cumulative impacts assessment, and a no net loss summary report. These efforts are in process and will inform future drafts of this SMP. Program Content and Format The Clallam County SMP includes goals, policies, and regulations for shoreline management. The goals, policies, and regulations provide direction to County planning staff and to shoreline users and developers on how to implement the state Shoreline Management Act (RCW 90.58) and its implementing rules in Washington Administrative Code (WAC) at the local level. The SMP is intended to protect shoreline resources while allowing appropriate use and development of shoreline areas. The SMP is organized as separate chapters, which collectively will become Title 35 of the Clallam County Code (replacing the existing Title 35). Here is what each chapter of the SMP contains: Chapter 1 contains a preamble and describes general goals of the SMP, which are largely based on the feedback collected during the community visioning process. Chapter 1 explains the types of development the Program has jurisdiction over and its relationship to other land use plans, programs, and regulations. February 2012 ii

5 Chapter 2 provides definitions for important terms used throughout the document. Chapter 3 describes the shoreline environment designations that apply to each segment of the shoreline. The designations reflect existing land use patterns, zoning, ecological conditions, the types of health and safety hazards that are present (flooding or landslides, for example), geology, and other characteristics. The environment designations provide a framework for tailoring shoreline policies and regulations to different shoreline segments based on their characteristics. There are nine different upland environment designations in Clallam County that apply to the shorelands, plus one additional designation that applies to the aquatic area (below the ordinary high water mark). Chapter 3 gives the purpose of each environment designation and explains where each is applied. Chapter 4 contains general policies and regulations that apply to all types of use and development within shoreline jurisdiction. This chapter contains specific protections for critical areas located within shoreline jurisdiction. The shoreline-specific critical areas regulations are similar to the existing critical areas regulations in Clallam County Code 27.12, but contain significant revisions that reflect the best available science and ensure consistency with the Shoreline Management Act. Every shoreline development project must comply with the policies and regulations in Chapter 4. Policies and regulations that apply to specific shoreline uses and developments are listed in Chapter 5. The policies and regulations that apply to each shoreline development may vary depending on the shoreline environment designation assigned to that parcel. Chapter 5 explains whether or not each use/development is allowed in each shoreline environment designation and which type of permit is required. A single development proposal may involve multiple uses and therefore may be subject to more than one set of policies and regulations. An example is a residential use that also involves construction of a private dock. The use-specific policies and regulations in Chapter 5 are applied in addition to the general policies and regulations in Chapter 4. Policies are aspirational statements that are meant to be general or broad in scope. Policies are typically phrased using the word should. Regulations flow from the policies and define the conditions under which shoreline development or use is allowed or not allowed. Policies give context to the regulations and aid in their interpretation. Here is an example: Policy: The County should take active measures to preserve unarmored shorelines and prevent the future proliferation of bulkheads and other forms of structural shoreline stabilization. Regulation: Use of a bulkhead, revetment or similar shoreline armoring to protect a platted lot where no primary use or structure presently exists shall be prohibited. Chapter 6 addresses the administration of the Program. This chapter contains procedures and review criteria for substantial development permits, conditional use permits, and shoreline variances. Policies and regulations for grandfathered uses and development are described in Chapter 6. Shorelines designated as shorelines of statewide significance (SSWS) by the Shoreline Management Act (RCW 90.58) are listed in Chapter 7, along with policies for their use. Shorelines of statewide significance are major resources from which all people of the state derive benefit. These areas must be managed to ensure optimum implementation of the Act s objectives. How to Use this Document If you intend to develop or use lands adjacent to a shoreline of the state, consult first with the Department of Community Development (DCD) to determine if you need a shoreline permit; they will also tell you February 2012 iii

6 about other necessary government approvals that may be required. Most development projects require review by multiple County departments and many also require approval from state and/or federal agencies. Ultimately, it is your responsibility to obtain all of the required permits and comply with applicable laws. To find out if your proposal is permitted by the Program, first determine which shoreline environment designation applies to your site (consult the official Shoreline Map). Then check to see if the environment designation policies and regulations in Chapter 5 allow the proposed use (also refer to the use table, Table 5-1). Your proposal may be permitted, allowed only as a conditional use, or prohibited. It may also require a variance if you cannot meet the dimensional requirements such as setbacks, buffers, height, etc. Although your proposal may be permitted by the Program, or even exempt from specific permit requirements, you must comply with all relevant policies and regulations of the entire Program. Review Chapter 4 to learn about buffers and setbacks, clearing and grading, vegetation conservation, and other requirements that may apply to your project. The County may require you to complete special studies or analyses prior to implementing your project. If your proposal is found to have unavoidable adverse impacts on shoreline function or processes, based on the terms of this Program, you may be required to provide mitigation for the impacts so that the net impact of your proposal is neutral. For development and uses allowed under this Program, the County must find that the proposal is generally consistent with the applicable policies and regulations. When your proposal requires an approval or statement of exemption, submit the proper application to the County Permit Center. Processing of your application will vary depending on its size, value, and features. Contact the Planning and Community Development Department at (360) for additional information. iv February 2012

7 Table of Contents Chapter 1 Introduction Preamble 2012 SMP Update Shoreline Master Program Goals Applicability Authority Relationship to Other Plans and Regulations Limitations and Disclaimer Severability Chapter 2 Definitions Chapter 3 Shoreline Environment Designations Shoreline Jurisdiction and Mapping Chapter 4 General Policies and Regulations Archaeological, Historical, and Cultural Resources Buffers and Setbacks Critical Areas Mitigation and No Net Loss Clearing and Grading Public Access Restoration Vegetation Conservation Water Quality and Water Management Chapter 5 Policies and Regulations for Specific Shoreline Uses and Developments Allowed Uses in Each Shoreline Environment Designation Agriculture Aquaculture February 2012 v

8 5.4 Beach Access Structures Boating Facilities and Moorage Commercial and Industrial Development Dredging and Dredge Material Disposal Forest Practices Floodplain Management and Flood Control Structures In-stream and In-water Structures Mining Parking Recreational Development Residential Development Shoreline Stabilization Signs Transportation Utilities Chapter 6 Administrative Procedures Administrative Authority and Responsibility Abatement Burden of Proof Conditional Use Permit Criteria Exemptions from Shoreline Substantial Development Permit Process Expiration of Permits and Permit Exemptions Extensions - Notice to Ecology Fees Initiation of Development Inspections vi February 2012

9 6.11 Master Program Amendments Minimum Permit Application Requirements Non-conforming ( Grandfathered ) Use/Development Notice of Application and Permit Application Review Notice of Decision, Reconsideration, and Appeal Permit Application Review Permit Conditions Permits and Permit Exemptions - Effective Date Permit Revisions Pre-application Meeting Public Hearings Remedies Rescission and Modification Revisions Following Expiration of Original Permit or Permit Exemption Satisfaction of Conditions Required Prior to Occupancy or Use State Environmental Policy Act (SEPA) Compliance Substantial Development Permit Criteria Third-party Review Transfer of Permits Unclassified Uses Variance Permit Criteria Violations and Penalties Chapter 7 Shorelines of Statewide Significance Adoption of Policy Designation of Shorelines of Statewide Significance Use Preference February 2012 vii

10 List of Figures Figure 1. Steps to the Shoreline Master Program Update Process... ii Figure 3-1. Juxtaposition of the Aquatic and upland (shoreland) designations on a typical waterfront parcel Figure 3-2. Typical Examples of Shoreline Environment Designations in Clallam County Figures 4-1. Setbacks and buffer widths for shorelines and critical areas within shoreline jurisdiction 4-10 Figure 4-2. Setbacks and buffer widths for the Freshwater Residential designation Figure 4-3. Setbacks and buffer widths for the Freshwater Conservancy designation Figure 4-4. Setbacks and buffer widths for the Freshwater Resource designation Figure 4-5. Setbacks and buffer widths for the Freshwater Natural designation Figure 4-6. Setbacks and buffer widths for the Modified Lowland designation Figure 4-7. Setbacks and buffer widths for the Bay designation Figure 4-8. Setbacks and buffer widths for the Lowland / Estuary designation Figure 4-9. Setbacks and buffer widths for the High Bank/ Rocky Shore designation Figure Setbacks and buffer widths for the Priority Feeder Bluff designation List of Tables Table 4-1. Standard buffer widths for shorelines and critical areas within shoreline jurisdiction by Environment Designation Table 4-2. Wetland Buffers for Wetlands in Shoreline Jurisdiction Table 4-3. Aquatic Habitat Conservation Area Buffers for Type F, Np, and Ns Waters Table 4-4. Wetland Mitigation Ratios Table 5-1. Permitted Uses, Conditional Uses, and Prohibited Uses for Each Shoreline Environment Designation viii February 2012