HomeMy WebLinkAboutOrdinance 23-069-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE RELATING TO THE ORDINANCE No. 23 -0, -CC
SHORELINE MASTER PROGRAM (SMP)
PERIODIC REVIEW REQUIRED BY RCW
90.58.080(4) AND CODIFIED IN THE UNIFIED
DEVELOPMENT CODE CHAPTER 24.12.
RECITALS:
WHEREAS, the Shoreline Management Act(SMA) requig res Grant County to develo an '
Shoreline Master Program (SMP); and p d administer a
WHEREAS, Grant County adopted a comprehensive
which P p nsive SMP update as required b RCW 90.58
h was effective as of September 2014• and Y .080(2),
WHEREAS, RCW 90.58.080 (4) '
() requires Grant County to periodically review
revise the master program on or p Y wand, if necessary,
p g before June 3 0, 2023; and
WHEREAS, the review process i
o
since is intended to brng the SMP into compliance with re uirementact or state rules that have been added r changedt requirements of the
he last SMP amendment, ensure the SMP remains
consistent with amended comprehensive plan's and emains
. regulations, and incorporate amendments deem
necessary. to reflect changed circumstances new i ed
information, or improved data; and
WHEREAS, Grant County developed a public
Count • • p . p participation program in partnershipwith the Gra
County SMP coalition for this periodic review in accord Grant
accordance with WAC 173-26-090(3)(a) to inform involve
and encourage participation of interested persons • • � ve
p and private entitles, tribes, and applicable agencies es havinginterests and responsibilities relating to shorelines; and
WHEREAS, Grant County has followed its adopted public participation, includi
two public workshops, providing information on � 'P � � ng holding
the County website, holding a oint comment
hearing with Ecology; and period and
WHEREAS, Grant County used Ecology's checklist of legislative and rule amendments to review
amendments to chapter 90.58 RCW and department guidelines that have occurred since the master program
was last amended, and determine if local amendments are needed to maintain compliance in accordance with
WAC 173-26-090(3)(b)(i); and
WHEREAS, Grant County reviewed changes g o the comprehensive plan and development regulationsto determine if the shoreline master program policies and regulations remain
consistent with them
in
Ordinance SMP Periodic Update 2023
accordance with WAC 173-26-090(3)(b)(ii); and
WHEREAS, Grant County considered whether to incorporate any amendments needed to reflect
changed circumstances, new information or improved data in accordance with WAC 173-26-090(3)(b)(iii);
and
WHEREAS, the Grant County PlanningCommission on completed a review of staff
recommendations and prepared initial amendments • and
WHEREAS, Grant County consulted with the Department
dr p of Ecology early and often during the
drafting of the amendments. Grant Count worked collaboratively '
• Y hely with the Department of Ecologyand Grant
County to address local interests while ensuringproposed am
p p amendments are consistent with the polic of
h WAC 173 -26-104; and
RCW 90.58.020 and applicable guidelines in accordance with Y
WHEREAS, Grant County conducted a formalublic comment ment period in compliance with
requirements of WAC 173-26-104; and
WHEREAS, Grant County published on behalf of Grant County a legal notice in the colamimA
��� ��-
-jTnUJL-IaJL-on March 1, 2023 for a public hearing sponsored by the Grant County Planning Commission on
behalf of Grant County and made recommendation(s), including a statement that the hearing was intended to
address the periodic review in accordance with WAC 173-26-090(3)(c)(ii); and
WHEREAS, the Grant County Planning Commission took'
public testimony on the proposed Cit
of Electric City SMP updates at a public hearingon April 5 � Y
p , 2023; and
WHEREAS, a State Environmental Policy Act (SEPA) environmental checklist was prepared based
upon the proposed SMP draft updates, and the County SEPA responsible official issued and circulated a copy
of the checklist and aDetermination of Non- Significance (DNS) on behalf of Grant County and other
coalition members on March 1, 2023; and
WHEREAS, the County staff reviewed the public testimony '
SMP revisions, p ny and written comments on the proposed
revisions, and suggested revisions to the proposed amendments; and
WHEREAS, the County staff recommends approval of the proposed amendments and forwarded it to
the Grant County Board of Commissioners for review and adoption on J%Alq aJ , 2023; and
0
WHEREAS, the County provided Notice of Intent to Adopt to the Washington State Department
of Commerce in accordance with WAC 173-26-100(5); and
WHEREAS, after consideringall public comments and evidence, the Commissioners determined that
the proposed amendments comply with all applicable laws and rules,
and
WHEREAS, this completes the County required process for periodic review in accordance with
RCW 90.58.080(4) and applicable state guidelines (WAC 173-26).
Ordinance SMP Periodic Update 2023
NOW, THEREFORE, BE IT HEREBY ORDAINED•
THAT:
The Grant County Board of Commissioners hereby find that the review and evaluation required by RCW
90.58.080 (4) has occurred, as described in the recitals above; and
The Shoreline Master Program is hereby amended to read as set forth is Attachment A (SMP redlines) with the
remaining portions of the County's SMP unchanged; and
The Grant County Board of Commissioners hereby adopt the referenced SMP revisions and finds th
SMP consistent with the requirements of RCW 90.58 and WAC 173-26, as they a e amended
1
and apply to these a mendments;
Grant County Development Services is directed to submit bmlt the SMP and associated documents to th
of Ecology for their review and approval e Department
pp prior to formal adoption. IFOnce approved
Ecology, no further action is nece pp b the Department of
ssary for compliance with RCW 90.58.080(4)for the 'which is due b periodic review update
y June 3 0, 2 02 3 , and
The amendments to the SMP adopted through Ordinance No. 23- -CC shall become effective 14 days after
Department of Ecology final action as provided by RCW 90.58.090 (7).
DATED this 05 day of C., 2023.
BOARD OF COUNTY
COMMISSIONERS
GRANT COUNTY, WASHINGTON
Yea Nay Abstain
Rob Jones, Chair
d� El Cindy Carter, Vice -Chair
Danny Stone, Member
Ordinance SMP Periodic Update 2023
ATTEST:
Ordinance SMP Periodic Update 2023
ATTACHMENT A
Ordinance SMP Periodic Update 2023
GRANT COUNTY
F J KI A I
=11--m-F-V�SHORELINE PROGRAIA
,L)R I PERIU"DIC
R UP---.DATE
-JVuI%,c.IILL b.-//fortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx
Prepared for
Grant County
Prepared by
Anchor QEA, LLC
1201 3rd Avenue, Suite 2600
Seattle, Washington 98 101
White Bluffs Consulting, LLC
189205 East 36th Avenue
Kennewick, Washington 99337
This report was funded through a rant from '
g g the Washington State Department of Ecol
p ogy
MW %W 1W %I low M a a FW I%W aaaa dkm2010 2Q
DRAFT REDLINES FOR IREVIEW
Sn_n+^Mhor. 701 "January 2023
1 Table of Contents:
2 SECTION I: Shoreline Goals and PoliciesRCW 90.5
( 8.100) .....................................................
.. 1
3 Introduction 1
4 Relationship to GMA...............................................
5 Profile of the Shoreline Jurisdiction within Grant County
6 Rivers and Streams ...................................................
7 Lakes and Reservoirs ...............................................
8 Table 1. Shoreline Jurisdiction Lakes ..........................
9 Table 2. Stream Shorelines of Statewide Significance
10 Table 3. Grant County Lakes of Statewide Significance
11 Development of Goals and Policies .......................
12 Economic Development Element ...........................
13 Public Access and Recreation Element ..................
14 Circulation Element ................................................
15 Shoreline Uses and Modifications Element .
6 Conservation Element ..............................................
17 Historic, Cultural, Scientific, and Educational Resources Element .......................................... 18
18 Flood Hazard Management Element .......................
19 Private property right (WAC 173-26-191 (/ (2 a i
\ )( )! eo.e.e..o...e.ee..ee.o...eo.........o.. e.....se........ e..ee..00ee.
19
20 SECTION II: Chapter 24.12 — Shoreline Regulations .
21 Article I. Authority and Purpose ........................
22 24.12.010 Authority ...........................................
23 24.12.020 Applicability ......................................
24 24.12.03 0 Purpose ...............................................
25 24.12.040 Relationship to Other Codes Ordinances and Plans.....— 0000so 0000—eas o o oos0000000.ot0000 22
26 24.12.050 Liberal Construction ..........................
27 24.12.060 Severability ........................................
28 24.12.070 Effective Date ....................................
29 Article II. Environment Designations ..................
30 24.12.100 Environment Designations esignations.................................................................................. 23
31 24.12.110 Aquatic .......................................
32 24.12.120 Natural ...... e........................................
.................................................................. 26
Grant County Shoreline Master Program
i
DRAFT REDLINES FOR REVIEW
Car„+o bdr 7n. /IJ y 2023
1
24.12.13 0
Rural Conservancy • e .....................................
• • .. • s ................. • • 0000. e .. e 0000 o 0000 s 0000...... • 27
2
24.12.140
Public Recreation Conservancy.... 0
3
24.12.150
Recreation �
..................................
so.
so.
so.
0.
4
24.12.160
High Intensity Public Facility..,,....
5
24.12.170
Shoreline Residential.
... 0 0 so. 0 o... .. 0 e 0 .. e .
6
24.12.180
Shoreline Residential — Low Intensity
7
Article III.
General Regulations ............
0 .... 0 0 .. 0 0 ...
8
24.12.200
Shoreline Use and Modification......
9
Table 24.12.200 (d). Shoreline Use and Modification
10
24.12.210
.............................................. 36,
Development Standards ................
11
Table 24.12.210 (d). Shoreline Development Stand
12
24.12.220
Archaeological and Historic Resources...
13
24.12.23 0
Environmental Protection.......
14
24.12.240
0 0 .....
Shoreline Vegetation Conservation
15
24.12.250
y
Water Quality, Stormwater, and N '
onpolnt Pollution
16
24.12.260
.......................................... 42
Public Access ................................
17
24.12.270
Flood Hazard Reduction
18
Article IV.
.................
Shoreline Modifications and Uses Regulations egulatlons
19
24.12.3 00
.................................................... 51
Agriculture ..............................0000..
51
20
24.12.310
Aquaculture ............................
e .. , ., e .
21
24.12.320
Boating Facilities ............................
22
24.12.3 3 0
Commercial Development ...............
23
24.12.340
Dredging and Dredge Material Disposal
24
24.12.3 50
Fill and Excavation
........................
25
24.12.360
Groins and Weirs
............................
26
24.12.370
In -Stream Structures.......e.e..,.,,,,e,e,.
27
2 4.12.3 8 0
Mining ...........................................
.
28
24.12.390
Private Moorage Facilities .............
29
24.12.400
Recreational Development .............
30
24.12.410
Residential Development ..
p.............e....................................................................
31
24.12.420
75
Shoreline Habitat and Natural Systems y ems Enhancement
Projects .......................... 75
32
24.12.430
Shoreline Stabilization
....................
Grant County Shoreline Master Program
DRAFT REDLINES
ii
FOR REVIEW
fir.+hor :2nI "January 2023
1
24.12.440
Transportation: Trails, Roads and Parkin
2
.........
24.12.450
Utilities.................................................................
3
Article V.
Critical Areas.........................................................
4
24.12.500
General Provisions
..............................................
5
24.12.510
General Mitigation Requirements
.........................
6
24.12.520
Wetlands.............................................................
7
Table 24.12.520 (f)(1)(D)-1. Land Use IntensityTable
................ ............................................. 105
8
Table 24.12.520 (f)(1)(D)-2. Buffer Widths
................................. .............................................. 105
9
Table 24.12.520 (g)(4): Mitigation Ratios for Eastern Washington
g on ........................................... 113
10
24.12.53 0
Fish and Wildlife Habitat Conservation Areas
11
24.12.540
................................................. 115
Critical Aquifer Recharge Areas
........................
12
24.12.550
Geologically Hazardous Areas
.......................................................................... 134
13
24.12.560
Frequently Flooded Areas
................................................................................. 141
14
24.12.570
Cultural Resource Areas
.................................................................................... 144
15
Article VI.
Existing Uses Structures and Lots
..................................................................... 146
16
24.12.600
Applicability ......................................................................................................
146
17
24.12.610
Nonconforming Uses............................................
............................................. 147
18
24.12.620
Nonconforming Structures
................................................................................ 147
19
Article VII. Administration and Enforcement
.............................. .............................................. 149
20
24.12.700
Roles and Responsibilities
.................................. .............................................. 149
21
24.12.710
Interpretation ...............................
...................................................................... 150
22
24.12.720
Statutory Noticing Requirements
......................... ............ goo .............................. 150
23
24.12o730
Application Requirements..
.............. 0...................................... .......................... 150
24
24.12.740
Exemptions from Shoreline Substantial Development Permits
........................ 151
25
24.12.750
Shoreline Substantial Development Permits... p
26
24.12.760
............................................. 156
Shoreline Conditional Use Permits
.................................... . .......... ..................... 157
27
24.12.770
Shoreline Variance Permits
................................... ..........................0 .... 0 .... 0 ...... • 158
28
24.12.780
Duration of Permits
................................. 0........... .............................................. 159
29
24.12.790
Initiation of Development ........
0 ..................... 0......... ...... ......... ................. ......... 159
30
24.12.800
Review Process
....................................0.....0.....0.... ............................................ 159
31
24.12.810
Appeals ........ 0 ......................
0............... 0.......... 0....... ..................................... ........ 160
32
24.12.820
Amendments to Permits
.................................................................................... 160
Grant County Shoreline Master Program
3
DRAFT REDLINES FOR REVIEW
1
2
3
4
5
6
VA
8
9
10
11
12
13
14
15
16
17
543ptombiar. 703 n January 2023
24.12.830 Enforcement...................................................................................................... 160
24.12.840 Cumulative Effects of Shoreline Developments ............................................... 161
24.12.850 .Amendments to Shoreline Master Program ...................................................... 162
24.12.860 Definitions......................................................................................................... 162
24.12.870 Shoreline Environment Designation Maps ....................................................... 183
List of Tables:
Table 1. Shoreline Jurisdiction Lakes............................................................................................. 2
Table 2. Stream Shorelines of Statewide Significance................................................................... 5
Table 3. Grant County Lakes of Statewide Significance................................................................ 5
Table 24.12.200 (d). Shoreline Use and Modification Matrix ...................................................... 36
Table 24.12.210 (d). Shoreline Development Standards.............................................................. 40
Table 24.12.520 (f)(1)(D)-1. Land Use Intensity Table............................................................. 105
Table 24.12.520 (f)(1)(D)-2. Buffer Widths............................................................................... 105
Table 24.12.520 (g)(4): Mitigation Ratios for Eastern Washington ........................................... 113
Grant County Shoreline Master Program 4
DRAFT REDLINES FOR REVIEW
san+imr,r.hoa A-nl n-1�ilUaiV 20123
1 SECTION I: Shoreline Goals and PoliciesRCW
( 90.58.100)
2 Introduction
3 Grant County Shoreline Master r Pro
gam intends to implement the requirements of the
4 Washington State Shoreline Management Act (SMA) (Revised Code of Washington(RCW
n 1971 to provide for the5 90.58). The SMA was enacted i g
management androtection of
6 shorelines of the state b regulating dp
Y g gev development in the shoreline area. Theoal of the SM
7 to prevent the inherent harm in an g A is
uncoordinated and piecemeal development of the state's
8 shorelines." (RCW 90.58.020) The SMA requires cities '
9 q ties and counties to adopt a Shoreline Master
Program to regulate shoreline development and accommodate
10 " p date all reasonable and appropriate
uses consistent with protection against adverse effects to theublic h
station an p health, the land and its
11 vegetation d wildlife, and the waters of the state and their aquatic q c life... and public rights of
12 navigation." Grant County adopted its Shoreline Master aster Program in 1975. The Department of
13 Ecology adopted the 2003 Shoreline Management '
. ,g Act Guidelines (Chapter 173-26 Washington
14 Administrative Code (WAC))(Guidelines)which r g require local government review
15 of Shoreline Master Programs. g and updates
g ms. The updated version of the Grant County Shoreline
Master16 Program provides goals, policies, and regulations for the
of Grant development
17 shorelines. p County
18 Relationship to GMA
19 (a) A Shoreline Master Program (SMP) contains goals, policies, regulations, and a use map that guides shoreline development in accordance with
the SMA(RCW 921 Washin to0.58),
Washington State Department of Ecology (Ecology)SMP Guidelin22 es (WAC 173-26 ,
and Shoreline Management �
g t Permit and Enforcement Procedures WAC 173-27).
23 (b) The provisions of this program implement '
• p g p nt the requirements of the SMA. The
24 County's SMP is integrated with the County's unty s land use regulation system. Consistent
25 with RCW 36.70A.480, thed and policies g p licies contained in this SMP shall be
26 considered an element of the County's
2 y comprehensive plan required by the Growth
7 Management Act. All otherortions of this
2 p s SMP, including the use regulations, are
8 considered a part of the County's development
29 Y regulations required by the Growth
Management Act, and -part of the Unified Development p ent Code.
30 (c) The Inventory and Characterization Re '
• port; Restoration Plan; Cumulative Impacts
31 Analysis; No Net Loss Report; and Public p
3 p c Participation Plan are supporting
2 documents and are not adopted as art of '
. p p this SMF or the County's
33 Comprehensive Growth Management Y
g Plan.
34 (d) The Inventory and Characterization Report establishes the baseline against which the
35 standard "no net loss of shoreline ecolo • �� i
ecological functions s measured. The Restoration
36 Plan identifies and prioritizes shoreline restoration opportunities that maybe
37 undertaken independentlyor in conjunction mitigation � tion with mitigation for development impacts
38 to improve shoreline ecologicals function over timep
.
39 Profile of the Shoreline Jurisdiction within Grant County
40 The Washington State Shoreline Management Act '
. � � . g defines the Shoreline of the State as "all
41 shorelines and shorelines of statewide significance' ��
g ce within the state (RCW 90.58.030 . Grant
42 County's SMP encompasses )
p shoreline along five rivers and streams and 80 lakes as listed below.
Grant County Shoreline Master Program
1
DRAFT REDLINES FOR REVIEW
Ce►�+ornhea� 30 1 4 J nu 2023
1 The shoreline includes floodways; land within 200 feet of the ordinary high water mark
2 (OHWM) of the waterways; floodplains up to 200 feet from the floodway edge; and associated
3 wetlands. Grant County shoreline jurisdiction includes all shoreline within the unincorporated
4 County and urban growth are"sUGAsJ. Shoreline within UGAs will be regulated by each city's
5 regulations once they are annexed to the city.
6 Rivers and Streams
7 (a) Columbia River
$ (b) Lower Crab Creek
9 (c) Upper Crab Creek
10 (d) Rocky Ford Creek
11 (e) Lind Coulee
12 (fl Sand Hollow Creek (approximately 1100 feet west of the intersection of Road 11 SW
13 and Road R SW crossing (Lat. 46°N 55'42'; Long, -119°52' 57) to the confluence
14 with the Columbia River)
15 Lakes and Reservoirs
16
Table 1. Shoreline Jurisdiction sdiction Lakes
Total Area
Total Area
Proposed
Shoreline
Included
in 1975
Proposed
p
Included
Lake Name
muwmm�)
(acres)
SMP
Lake Name
Shoreline
(acres)
in 1975
SMF
Alkali Lake
286
Yes
Park Lake
340
Yes
Ancient Lakes
33
Yes
Pit Lakes -
39
No
Babcock Ridge Lake'
22
Yes
Potholes Reservoir
14,773
Yes
Banks Lake
26,291
............ ..............
Yes
uin
Q cy Lake
54
Yes
Billy Clapp Lake
974
Yes
Red Rock Lake
154
No
Blue Lake
544
Yes
Rocky
Rock Ford Creek
153
Yes
(Lake-North)4
Blythe Lake
37
Yes
FRock For d Creek
23
Yes
(Lake-South)5
Bobby Lake
20
No
Roosevelt Lake
220
Yes
Brook Lake
404
Yes
Round Lake
66
EYes
Burke Lake
69
Yes
Ro al Lake
y
20
No
Burkett Lake
41
No
Saddle Mountain
639
No
Lake
Canal Lake
79
Yes
Saddle Mountain
77
No
Wasteway6
Grant County Shoreline Master Program
2
DRAFT REDLINES FOR REVIEW
���rnh n r 301.
i il'i 1rJanuary 2023
Lake Name
Sand Coulee Siphon
Total Area
Proposed Included
Shoreline in 1975
(acres) SMP
56 No
Total Area
22
No
Proposed
Included
66
Shoreline
in 1975
Corral Lake
Lake Name
(acres)
SMP
Sand Lake?
Chukar Lake
22
Yes
Lake Name
Sand Coulee Siphon
Total Area
Proposed Included
Shoreline in 1975
(acres) SMP
56 No
Coffee Lake'
22
No
Sand Hollow Lake
66
No
Corral Lake
71
Yes
Sand Lake?
39
Yes
Crater Lake'
,20
Yes
SoapLake
830
Yes
Crescent Bay
94
Yes
Soda Lake
180
Yes
Crescent Lake
22
Yes
South Teal Lake$
21
Yes
Deep Lake
105
Yes
South Warden Lake
24
Yes
Dry Falls Lake
95
Yes
Stan Coffin Lake
53
Yes
Dusty Lake
75
Yes
Susan Lake
25
=Yes
Evergreen Reservoir
255
Yes
Thompson Lake
p
32
Yes
Flat Lake
85
Yes
Un -named Lake in
91
Yes
T15 -0N R23 -OE S289
Hampton Lake
(North)
71
Yes
Un -named Lake in
71
Yes
T15 -0N R23 -OE S289
Hampton Lake
(South)'
22
Yes
Un -named Lake in
13
Yes
T17 -ON R25 -OE S047
Heart Lake'
23
Yes
Un -named Lake in
105
Yes
T17 -ON R26 -OE
5077,10
Hilltop Lake2
68
Yes
Un -named Lake in
27
Yes
T17 -ON R2 7 -OE 5057
Lenice Lake
88
Yes
Un -named Lake in
25
No
T17 -ON R29 -OE
S3410
Lenore Lake
1,412
Yes
Un -named Lake in
61
------
Yes
T18 -ON R25 -OE S317
Little Soap Lake
123
Yes
Un -named Lake in
25
Yes
T18 -ON R26 -OE
S117,10
Long Lake (North)3
18
Yes
Un -named Lake in
148
Yes
T18 -ON R26 -OE 5147
Long Lake (South)
95
Yes
Un -named Lake in
33
Yes
T18 -ON R26 -OE S157
Lower Goose Lake
65
Yes
Un -named Lake in
40
Yes
T18 -ON R26 -OE S367
Grant County Shoreline Master Program
DRAFT REDLINES FOR REVIEW
3
Sar.+orY•hor 7n� "January 202,E
Total Area Total Area
Proposed Included Proposed Included
Shoreline in 1975 Shoreline in 197
Lake Name (acres) SMP Lake 5
Name (acres) SMP
Marsh Unit One 25 No Un -named Lake in
43 Yes
T18 -ON R27 -OE 5317
Martha Lake' 27 Yes Hiawatha Lake
72 No
(formerly "Un-
named Lake in T19 -
ON R27 -OE 5291
Moran Slough 36 Yes Un -named Lake in 29 Yes
T22 -ON R29 -OE S23
Moses Lake 6680 Yes Trail Lakeformerl
� Y 129 No
"Un -named
Reservoir in T24 -ON
R28 -OE S27")
North Teal Lake 22 Yes Upper Goose Lake
130 Yes
Nunnally Lake 163 Yes Warden Lake
200 Yes
Osborn Bay Lake 312 Yes WinchesterLakes"
424 Yes
Windmill Lake 36 Yes
1 These lakes were originally shown as less than 20 acres in the datarovid
p ed, but were re digitized by
Anchor QEA to confirm their area based on observation of the 2011 aerialp hoto.
2 Referred to as Hillton Lake in USGS topography mapping and the digital datasetprovided; however, the1975 SMP refers to this lake as Hilltop Lake.
3A 3 -acre portion of this lake is located outside of Grant County, for a total of 21 acres.
4 This lake is referred to as Ephrata Lake in some maps; it was attributed as Rocky Ford Creek in the data
provided.
5 This pond is located on the upstream side of the hatchery; it was attributed as
Rocky Ford Creek in the
data provided.
6 This is an un -named lake located in an area referred to as Saddle Mountain Wastew
ay in USGS
topography mapping.
Part of the greater Winchester or Frenchman Hills Wasteway complexes of lakes
The definition of these waterways in the 197 p ,ponds, and wetlands.
Y 5 SM P is unclear. Here it is assumed that these
waterbodies are included in the 1975 jurisdiction.
8 South Teal Lake meets the 20 acre threshold when the portion of the lake outside the County boundary
is included.
9 These two rows are part of the same waterbody, and have been re -digitized in th
total area exceeds 20 acres. g e digital data set. Its
10 The polygons provided encompass both wetland and open -water areas. Anchor
QEA measured the
open water areas and established these lakes were greater than 20 acres in area.
11 These two lakes are just north of I-90 and referred as Winchester Wastewa y Lakes 1 and 2. Itis
assumed that these waterbodies are included in the 1975 jurisdiction.
1
Grant County Shoreline Master Program 4
DRAFT REDLINES FOR REVIEW
s�r%+on,•anuar ��r 2023
1 Shorelines of Statewide Significance
2 The SMA designates certain shoreline areas as shorelines of statewide significance. The
3 shorelines so designated are "natural rivers or segments thereof' that have a mean annual flow of
4 two hundred (200) cubic feet per second (cfs) or more [or for streams east of the of the crest of
5 the Cascades (RCW 90.58.030), the portion downstream from the first 300 square miles of
6 drainage area]; and lakes, whether natural, artificial, or a combination thereof, of 1,000 acres or
7 greater in surface area. Rivers and lakes in Grant County which are shorelines of statewide
8 significance are identified below.
9 In accordance with the criteria of RCW 90.58.030(2)(e), one river and three streams are
10 identified for inclusion in Grant County SMP jurisdiction, including the shorelands and
11 associated wetlands as therein defined, as shorelines of statewide significance (SSWS):
12 Streams
13 Table 2. Stream Shorelines of S •
Statewide Significance
Included in Total Length Proposed Shoreline
Stream Name 1975 SMP (feet)
Columbia River Yes 609,440
Lower Crab Creek Yes 402,203
Upper Crab Creek Yes 511,965
Lind Coulee Yes 233,071
14
15 Based on the shoreline jurisdiction analyses, four lakes s are identified for inclusion in SMP
16 jurisdiction as shorelines of statewide significance, with '
. g Priest Rapids and Wanapum Dam
17 reservoirs included as part of the Columbia River Stream Shorelines of Statewide Significance.
18 Billy Clapp Lake was removed from the list but remains a jurisdictional shoreline as It exceeds
19 the 20 -acre threshold.
20 Lakes and Reservoirs=
21 Table 3. Grant CountyLakes of S •
Statewide Significance
StFeamLae Name Acreage in Grant
County (Total
Acreage)
Potholes Reservoir 14773
Moses Lake 6680
Lenore Lake 1412
Banks Lake 26291
22
Grant County Shoreline Master Program
5
DRAFT REDLINES FOR REVIEW
Cori-aw,har 7il1/1Ja� rWv 20. .3
1 The Legislature declared in the Shoreline Management Act in RCW 90.58.020 that the interests
2 of all of the people of the State shall be considered in the management of these shorelines.
3 Accordingly, this SMP gives preference to uses and development consistent with the preferred
4 uses listed in order of preference below, with associated goals:
5 (a) Recognize and protect the statewide interest over local interest;
6 (b) Preserve the natural character of the shoreline;
7 (c) Result in long term over short term benefit;
g (d) Protect the resources and ecology of the shoreline;
9 (e) Increase public access to publicly owned areas of the shorelines;
10 (f) Increase recreational opportunities for the public in the shoreline;
111 (g) Provide for any other element as defined in RCW 90.58. 100 deemed appropriate or
12 necessary_
13 Development of Goals and Policies
14 Goals express broad value statements that reflect the County's vision of its shorelines. Goals also
15 provide a framework upon which the more detailed SMP shoreline use environments, policies,
16 regulations, and administrative procedures are based in subsequent chapters. Policies are more
17 detailed statements reflecting the County's goals and visions for its shorelines. Policies provide
18 detail to the broader goals with which they are associated and act as a bridge between the goals
19 and implementing regulations.
20 The goals and policies of the SMP described in this element are categorized according to the
21 Master Program elements mandated in the SMA. The general goal and policy statements found
22 within each element of the Master Program are intended to provide the policy basis for
23 administration of the County's SMP.
24 Economic Development Element
25 (a) Goal A: Support water -oriented uses to maximize the positive economic impact of
26 tourism and recreational development.
27 (b) Goal B: Preserve existing agricultural industry with sensitivity to the environment
28 and aesthetic character that incorporate low -impact technologies and provide
29 opportunities for public enjoyment of the shoreline.
30 (c) Goal C: Promote economic growth that conserves natural resources and open spaces,
31 maintains environmental quality and rural character.
32 (d) General Economic Development Policies:
33 (1) Ensure healthy, orderly economic growth by allowing those economic
34 activities which will be an asset to the local economy, and for which the
35 adverse effects on the quality of the shoreline and surrounding environment
36 can be mitigated.
37 (2) Develop, as an economic asset, the recreation and tourism industry along
38 shorelines in a manner that will enhance public enjoyment.
Grant County Shoreline Master Program
6
DRAFT REDLINES FOR REVIEW
I�Antam
ho,.'= *, anuary 2023
1 (3) Give preference to economic activities which either leave natural or existing
2 shoreline features such as trees, shrubs, grasses, and wildlife habitat
3 unmodified, or which modify them in a way which enhances human
4 awareness and appreciation of the shoreline and other natural and non -natural
5 surroundings. Prohibit the introduction of invasive plant species along
6 shorelines and encourage the removal of noxious and invasive weeds and
� trees.
$ (4) Encourage new water -dependent, water -related, and water -enjoyment
9 economic development in priority order.
10 (5) Ensure that any economic activity taking place along the shorelines operates
11 without causing irreparable harm to the quantity of the site's environment or
12 adjacent shorelands.
113 (6) Where possible, developments are encouraged to incorporate low- impact
14 development techniques into new and existing projects and integrate
15 architectural and landscape elements that recognize the river environment.
16 (7) Require non -water -oriented commercial or recreational development provide
17 for ecological restoration and public access as appropriate
18 (8) Assure that commercial and agricultural uses will not result in a net loss of
19 shoreline ecological functions or have significant adverse impacts on
20 navigation, recreation, and public access
21 (e) Commercial Development Policies:
22 (1) Promote water -oriented commercial uses in shoreline areas that support
23 recreation and tourism.
24 (fl Agricultural Development Policies:
25 (1) Maintain current agricultural uses as a major economic strength of the County.
26 (2) Protect current agricultural land uses of long-term commercial significance
27 and provide for development of new agricultural uses for which adverse
28 environmental effects can be mitigated.
29 Public Access and Recreation Element
30 (a) Goal A: Implement a public access system that increases the amount and diversity of
31 public access consistent with private property rights, public safety, and the natural
32 shoreline character.
33 (b) Goal B: Provide opportunities and space for diverse forms of water -oriented
34 recreation in Grant County shoreline.
35 (c) Policies:
36 (1) Ensure that developments, uses, and activities on or near the shoreline do not
37 impair or detract from the public's access to the water. Where practicable,
38 public access to the shoreline should be enhanced (Existing SMP policy
39 (5)(A))•
Grant County Shoreline Master Program
7
DRAFT REDLINES FOR REVIEW
Sa_r.+onn or :201
41anUary 202:3
1
2
(2) Design public access such that they provide for public safety and minimize
3
potential impacts to private property and individual privacy (Existing SMP
policy (5)(B)).
4
5
(3) Locate, design, manage, and maintain public access and recreation facilities in
6
a manner that protects shoreline ecological functions and processes and the
public health and safety.
7
g
(4) Encourage federal, state and local governments to enhance existing shoreline
properties in Grant County for public access and recreational.
9
10
(5) Identify opportunities for public access on publicly owned shorelines.
11
Preserve, maintain, and enhance public access afforded by shoreline street
ends, public utilities, and rights-of-way.
12
13
(6) Provide physical and visual public access in the shoreline jurisdiction in
14
association with the following uses when feasible: residential developments
with five or more dwellings; commercial development;
15
and public agency
recreational development.
16 (7) Provide public access and interpretive displays as part of publicly funded
17 restoration projects where significant ecological impacts are addressed.
18 (8) Allow for passive and active shoreline recreation that emphasizes location
19 along shorelines in association with the County's and other public agencies'
20 parks, recreation, wildlife habitat and open space plans.
21 (9) Encourage a variety of compatible. recreational experiences and activities to
22 satisfy the County's diverse recreational needs.
23 (10) Give water -dependent recreation priority over water -en o
ymention
24 uses. Give water -enjoyment recreational uses priority overntwateraori rated
25 recreational uses
26 (11) Integrate and link recreation facilities with linear systems, such as walking
27 trails, bicycle paths, easements, and scenic drives when feasible.
28 (12) Promote non -intensive recreational uses which avoid adverse effects to the
29 natural and Columbia Basin Project -enhanced hydrology of aquatic systems,
30 do not contribute to flood hazards, and avoid damage to the shoreline
31 environment through modifications such as structural shoreline stabilization or
32 native vegetation removal.
33 Circulation Element
34 (a) Goal A: Implement multi -modal transportation improvements that provide for
35 mobility and access and that minimize adverse impacts on the shoreline environment.
36 (b) Policies:
37 (1) Provide safe, reasonable, and adequate circulation systems to shorelines where
38 routes will minimize adverse effects on unique or fragile shoreline features
139 and existing ecological systems, while contributing to the functional and
40 visual enhancement of the shoreline (Existing SMP policy (3)(A))_
Grant County Shoreline Master Program
8
DRAFT REDLINES FOR REVIEW
SC_n+jQmhor lnl nI Y1Uary 2023
1
2
(2) Within the shoreline jurisdiction, locate land circulation systems that are not
3
shoreline oriented as far from the land -water interface as practicable to reduce
4
interference with either natural shoreline resources or other appropriate
shoreline uses (Existing SMP policy (3)(B))_
5
6
(3) Allow for maintenance and improvements to existing roads and parking areas.
7
Allow for necessary new roads and parking areas where other locations
outside of shoreline jurisdiction are not feasible.
$
9
(4) Plan and develop a circulation network which is compatible with the shoreline
10
environment, and respects and protects ecological and aesthetic values in the
shoreline of the state as well as private property rights.
11
12
(5) Include in circulation system for pedestrian, bicycle, equestrian, and public
13
transportation where appropriate. Circulation planning and projects should
support existing and proposed shoreline uses that are consistent with the SMP.
14
15
(6) Promote existing transportation corridors for reuse for water -dependent uses
or public access when they are abandoned.
16
17
(7) Encourage relocation or improvement of those circulation elements that are
functionally or aesthetically disruptive to the
18
shoreline, public waterfront
access, and ecological functions.
19
20
(8) Plan parking to achieve optimum use. Where possible, parking should serve
21
more than one use (e.g., serving recreational use on weekends, commercial
uses on weekdays).
22 (9) Encourage low -impact parking facilities, such as those with permeable
23 pavements and bio-swales.
24 (10) Encourage trails and bicycle paths along shorelines in a manner
25 compatible with the natural character, resources, and ecology of the shoreline.
26 (11) Encourage the linkage of shoreline parks, recreation areas, and public access
27 points with linear systems, such as hiking paths, bicycle paths, easements
28 and/or scenic drives.
29 Shoreline Uses and Modifications Element
30 (a) Goal A: Encourage shoreline development that recognizes Grant County's natural and
131 cultural values and its unique aesthetic qualities offered by its variety of shoreline
32 s�environments.
33 (b) Goal B: Grant County recognizes and protects the functions and values of the
34 shoreline environments of statewide and local significance. For shorelines of state -
35 wide significance (SSWS), protection and management priorities are to:
36 (1) Recognize and protect the state-wide interest over local interest;
37 (2) Preserve the natural character of the shoreline;
138 (3) Provide long-term over short-terme�beilefits;
39 (4) Protect the resources and ecology of shorelines;
Grant County Shoreline Master Program
9
DRAFT REDLINES FOR REVIEW
sieptemher 2-n.4. 4January 2023
1 (5) Increase public access to publicly owned areas of shorelines; and
2 (6) Increase recreational opportunities for the public in shoreline areas.
3 (c) General Policies:
4 (1) Maintain areas within the shoreline jurisdiction with unique attributes for
5 specific long-term uses, including agricultural, commercial, industrial,
6 residential, recreational, and open space uses.
7 (2) Ensure that proposed shoreline uses are distributed, located, and developed in
g a manner that will maintain or improve the health, safety, and welfare of the
9 public when such uses occupy shoreline areas.
10 (3) Ensure that activities and facilities are located on the shorelines in such a
11 manner as to retain or improve the quality of the environment.
12 (4) Ensure that proposed shoreline uses do not infringe upon the rights of others,
13 upon the rights of private ownership, upon the rights of the public under the
14 Public Trust Doctrine or federal navigational servitude, and treaty rights of
15 Indian tribes.
16 (5) Minimize the adverse impacts of shoreline uses and activities on the
17 environment during all phases of development(e-.g-.e-g-desi1g p gn, construction,
management, and use).
19 (d) Shoreline Environment Designation Policies:
20 (1) Provide a comprehensive shoreline environment designation system to
21 categorize Grant County's shorelines into environments based upon the
22 primary characteristics of shoreline areas to guide the use and management of
23 these areas.
24 (2) Designate properties as Natural in order to protect and restore those shoreline
25 areas that are relatively free of human influence or that include intact or
26 minimally degraded shoreline functions that are sensitive to potential impacts
27 from human use. Natural areas should be managed consistent with the policies
28 in Section 24.12.120.
29
30
(3) Designate properties as Shoreline Residential to accommodate higher -density
31
residential development and recognize existing and proposed land uses. This
designation is appropriate for residential uses on lands with zoning
32
classifications for detached and attached residential.
33
34
(4) Assign appropriate environment designation for agricultural land uses of long -
35
term commercial significance for which adverse environmental effects can be
mitigated.
36
37
(5) Assign appropriate environment designations for preservation of wildlife
habitat area, natural resources, and public agency operations.
38
39
(6) Designate properties within each environment designation based on the
designation criteria in SMP Section II, Article II.
Grant County Shoreline Master Program 10
DRAFT REDLINES FOR REVIEW
!�O. F- f o r� h or Ai %0 /1 j'a a rvw.»2023
1 (e) Agriculture Policies:
2 (1) This Program recognizes the importance of agriculture in Grant County and
3 supports its continued economic viability. This Program allows for ongoing
4 agricultural activities and should protect agricultural lands from conflicting
5 uses such as intensive or unrelated residential, industrial, or commercial uses,
6 while also maintaining shoreline ecological functions and processes.
7 (2) New agricultural development should be conducted in such a manner as to
g assure no net loss of shoreline ecological functions and processes.
9 (3) Maintain a vegetative buffer between agricultural lands and water bodies or
10 wetlands
11 (4) Conversion of agricultural uses to other uses should comply with all policies
12 and regulations for non-agricultural uses.
13 (f) Aquaculture Policies:
14 (1) Aquaculture is awater-dependent use and, when consistent with control of
15 pollution and avoidance of adverse impacts to the environment and
16 preservation of habitat for resident native species, is a preferred use of the
17 shoreline (WAC 173-26-241(3)(b)).
18 (2) Give preference to aquaculture operations that minimize environmental
19 impacts through use of fewer visible structures or less extensive substrate and
20 vegetation modifications.
21 (3) Aquaculture should not be allowed in areas where it would degrade water
22 quality, result in a loss of shoreline ecological function, impair navigation, or
23 conflict with other water -dependent uses.
24 (4) Design aquaculture facilities to minimize nuisance odors and noise, as well as
25 visual impacts on surrounding shoreline development.
26 (5) The rights of treaty tribes to aquatic resources within their usual and
27 accustomed areas should be addressed through the permit review process.
28 Direct coordination between the applicant/proponent and the tribe should be
29 encouraged.
30 (g) Boating Facilities Policies:
31 (1) Locate and design boating facilities so that their structures and operations will
32 be compatible with the area affected, such as environmental conditions,
33 shoreline configuration, access, and neighboring upland and aquatic uses.
34 (2) Require restoration activities when substantial improvements or Fepake airs
35 to existing boating facilities 3sare planned.
36 (3) Boating facilities that minimize the amount of shoreline modification are
37 preferred.
38 (4) Boating facilities should provide physical and visual public shoreline access
39 and provide for multiple uses, including water -related use, to the extent
Grant County Shoreline Master Program
11
DRAFT REDLINES FOR REVIEW
cow+erY►{�'Mr A_ W.A. 71
1014 l u� 2023
1 compatible with shoreline ecological g functions and processes and adjacent
2 shoreline use.
3 (5) Boating facilities should be located'
and designed to avoid adverse effects
4 upon riverine, and nearshore processes
5 p ses such as erosion, littoral or riparian
transport, and accretion, and, where feasible enhance degraded
�
6,
scarce, and/or valuable shore features includingaccretion shore
forms.
forms.
7, (6) Location and design of boating facilities °
8 g g hies should not unduly obstruct navigable
waters and should avoid adverse effects to recreational opportunities
9 fishin shell such as
g, fish gathering, pleasure boating, commercial aquaculture
10 ture
swimming, beach walking, q '
g� king, picnicking and shoreline viewing.
11 (h) Breakwaters, Jetties, Groins and Weirs Policies:
licies.•
12 (1) To the extent feasible limit the use
� of breakwaters, jetties, groins, weirs or
13 other similar structures to thoser
p oj ects providing ecological restoration or
14 other public benefits. These structures should avoid and minimize significant
15 ecological impacts. Impacts which
p cannot be avoided should be mitigated.
16 (i) Dredging and Dredge Material Disposal Policies:
p
1 7 (1) Dredging and dredge material disposal g p sal should avoid and minimize significant
18 ecological impacts. Impacts which
p cannot be avoided should be mitigated.
19 (2) Design and locate new shoreline de '
development to avoid the need for dredging.
20 (3) Limit dredging and dredge material
g disposal to the minimum necessaryto
21 allow for shoreline restoration fl
'
flood hazard reduction, and maintenance of
22
existing legal moorage and navigation. Dredging to provide
23 g g p de for new
navigation uses is prohibited.
24
25
(4)
Allow dredging for the primary purposes of flood hazard reduction only as
26
part of a long-term management strategy consistent with an approved flood
hazard management plan.
27
28
(5)
Ensure that dredging operations are planned and conducted in a manner that
29
will minimize interference with navigation and that will lessen adverse
impacts to other shoreline uses
30
(j) Fill Policies:
31
32
(1)
Limit fill waterward of the OHWM to support ecological restoration or to
facilitate water -dependent or public access uses.
33
34
(2)
Allow fill consistent with floodplain regulations upland of the OHWM
35
provided it is located, designed, and constructed to protect shoreline
36
ecological functions and ecosystem -wide processes, including channel
migration, and is the minimum necessary to implement an approved project.
37
(k) In -Stream Structures Policies:
38
39
(1)
Locate, plan, and permit in -stream structures only when consistent with the
full range of public interests, ecological functions and processes, and
Grant County Shoreline Master Program
12
DRAFT REDLINES FOR REVIEW
Januarv_2023
1 environmental concerns, with special emphasis on protecting and restoring
2 priority habitats and species.
3 (1) Mining Policies:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(m)
(4)
(s)
Locate mining facilities outside shorelinejurisdiction when '
J ever feasible.
Do not allow mining in any location waterward
of the OHWM.
Design and locate mining facilities and associated activities to prevent loss of
ecological function. Give preference to mining uses that r '
. g result in the creation,
restoration, or enhancement of habitat for priority species.
ecies.
Protect water bodies from sources of pollution, including '
. p g but not limited to,
sedimentation and siltation, chemical and petrochemical '
. p use, and spillage and
storage/disposal of mining wastes and spoils
Mining operations should be located, designed, and managed ged so that other
appropriate uses are not subjected to substantial or unnecessary adverse
impacts from noise, dust, or other effects of the operation. p n. The operator may
be required to implement measures such as buffers limited hours, or other
mitigating measures for the purpose of minimizing adverse proximi
ty impacts.
Private Moorage Facilities Policies:
� 18 (1) Moorage associated with a� °
� lysin le-famil residence is considered
19 awater-dependent use provided that '
2 p it is designed and used as a facility to
0 access watercraft, and other mooragefacilities
are not available or feasible.
21
22 Moorage for water -related and water
enjoyment uses or shared moorage for
multifamily .
ily use should be allowed as part of a inixed-
23 use
development or where it provides public access.
24 (2) New moorage, excludingdocks
25 accessory to single family residences, should
be permitted only when the applicant/proponent has
demonstrated that a
26
specific need exists to support the intended water -de ende
27 p nt or public access
use.
28 (3) As an alternative to continuedrolif
p enation of individual private moorage,
29 mooring buoys arereferred over docks cks or floats. Shared moorage facilities
le user moorage 30 are preferred over single where feasible, especially where water
31 use conflicts exist or areredictable subdivisions p . New subdivisions of more than two(2)
32 lots and new
multifamily development of more than two(2)dwellin '33 g units
should provide shared moorage where feasible.
34 (4) Docks, piers and mooring buoys, y , inc luding those accessory to single famil
35 residences, should avoid locations w Y
here they will adversely impact shoreline
36 ecological functions orrocesses including luding currents and littoral drift.
37 (5) Moorage should be spaced and oriented ted in a manner that minimizes hazards
38 and obstructions toublic navigation p g n rights and corollary i
rights thereto such
39 as, but not limited to fishing,swimming, mming, and pleasure boating, as well as
40 private riparian rights of adjacent
� J landownci~s.
Grant County Shoreline Master Program
13
DRAFT REDLINES FOR REVIEW
--.J nuary 2023
i (6) Moorage should be restricted to the minimum size necessary to meet the needs
2 of the proposed use. The length, width, and height of piers and docks should
3 be no greater than that required for safety and practicality for the primary use.
4 (7) Pile supports are preferred over fills because piles do not displace water
5 surface or aquatic habitat and are removable and thus more flexible in terms
6of i�long=term use patterns. Floats maybe less desirable than pile
01tt"
� structures where aquatic habitat or littoral drift are significant.
g (8) The use of buoys for small craft moorage is preferred over pile or float
9structures because of lesser
10 �lonR-term impact on shore features and
users; moorage buoys should be placed as close to shore as possible to
11 minimize obstruction to navigation.
12 (9) Piers and docks should be constructed of materials that will not adversely
13 affect water quality or aquatic plants and animals in the long term.
14 (10) New pier and dock development should be designed so as not to interfere with
15 lawful public access to or use of shorelines. Developers of new piers and
16 shared moorage should be encouraged to provide physical or visual public
17 access to shorelines whenever safe and compatible with the primary use and
18 shore features.
19 (n) Recreational Development Policies:
20 (1) Shoreline recreational development should be given priority for shoreline
21 location to the extent that the use facilitates the public's ability to reach,
22 touch, and enjoy the water's edge, to travel on the waters of the state, and to
23 view the water and the shoreline. Where appropriate, such facilities should be
24 dispersed along the shoreline in a manner that supports more frequent
25 recreational access and aesthetic enjoyment of the shoreline for a substantial
26 number of people.
27 (2) Recreational developments should facilitate appropriate use of shoreline
28 resources while conserving them. These resources include, but are not limited
29 to: accretion shoreforms, wetlands, soils, ground water, surface water, native
30 plant and animal life, and shore processes.
31 (3) Recreational facilities should be a combination of active and passive types.
32 Location of such facilities should consider the ecological function and
33 sensitive nature of the shorelines in order to avoid adverse impacts. For
134 example, wildlife and habitat preservation areas with sensitive nature of
35 shoreline should have lows impact recreational uses--.
36 (4) Recreational developments and plans should provide the regional
37 �pobulation with a varied and balanced choice of recreation
38 experiences in appropriate locations. Public agencies should coordinate their
39 plans and activities to provide a wide variety of recreational opportunities
40 without needlessly duplicating facilities.
Grant County Shoreline Master Program
14
DRAFT REDLINES FOR REVIEW
Sn.n+er►�►hor �n� January 2023
1 (5) Encourage the linkage of shoreline parks, recreation areas, and public access
2 points with linear systems, such as hiking paths, bicycle paths, easements,
3 and/or scenic drives.
4 (6) When feasible, recreation facilities should incorporate public education
5 regarding shoreline ecological functions and processes, the role of human
6 actions on the environment and the importance of public involvement in
7 shorelines management. Opportunities incorporating educational and
g interpretive information should be pursued in design and operation of
9 recreation facilities and nature trails.
10 (7) Locate and design recreational developments to preserve, enhance, or create
11 scenic views and vistas in accordance with Section 24.12.260, Public Access.
12 (o) Residential Development Policies:
13 (1) Consider single-family residential development as a priority use only when
14 developed in a manner consistent with the control of pollution and prevention
15 of damage to the natural environment.
16 (2) Locate and construct residential development in a manner that assures no net
17 loss of shoreline ecological functions.
18 (3) Ensure the overall density of development, lot coverage, and height of
19 structures is appropriate to the physical capabilities of the site and consistent
20 with the comprehensive plan.
21 (4) Ensure new residential development provides adequate buffers or open space
22 from the water to protect or restore ecological functions and ecosystem -wide
23 processes, to preserve views, to preserve shoreline aesthetic characteristics, to
24 protect the privacy of nearby residences, and to minimize use conflicts.
25 (5) Make adequate provisions for services and infrastructure necessary to support
26 residential development.
27 (6) Design and locate residential development to preserve existing shoreline
28 vegetation, to control erosion, and to protect water quality.
29 (7) Design and locate new residences so that shoreline stabilization will not be
30 necessary to protect the structure. The creation of new residential lots should
31 not be allowed unless it is demonstrated the lots can be developed without:
32 (A) Constructing shoreline stabilization structures (such as bulkheads).
33 (B) Causing significant erosion or slope instability.
34 (C) Removing existing native vegetation within shoreline buffers.
35 (p) Shoreline Habitat and Natural Systems Enhancement Projects Policies:
36 (1) Include provisions for shoreline vegetation restoration or enhancement, fish
37 and wildlife habitat enhancement, and low -impact development techniques in
38 projects located within shoreline jurisdiction, where feasible.
Grant County Shoreline Master Program
15
DRAFT REDLINES FOR REVIEW
� -_
yon+PmP�f � Mhor �nI "JanUary 2023
1 (2) Encourage and facilitate implementation of projects
2 p p J ects and programs Included in
the Shoreline Master Program Shoreline Restoration Plan.
3 (q) Shoreline Stabilization Policies:
4 (1) Locate and design new development, subdivisions, p including subdivisions, to eliminate the
5 need for new shoreline modification orstabili' '
zation.
6 (2) Design, locate, size, and construct new or replacement structural shoreline
7 stabilization measures to minimize an mitigate d mitigate the impact of these
8 modifications on the County's shorelines.
nes.
9 (3) Give preference to non-structural shoreline
measures over
10 structural shoreline stabilization and give preference to soft structural
11 shoreline stabilization over hard structural shoreline stabilization.
12 (4) Allow location, design, and construction
1 g � tion of riprap and other bank stabilization
3 measures primarilyto prevent damage '
14 p ge to existing development or to protect
the health, safety, and welfare of Grant Count residents.
°
15 (5) Encourage fish -friendly shoreline design gn during new construction and
16 redevelopment b offering incentive
Y g sand regulatory flexibility.
17 (r) Utilities Policies:
18 (1) Allow for unlit maintenance enance and extension with criteria for location and
19 vegetation restoration as appropriate.
ro riate.
20 (2) Plan, design, and locate utilityfacilities
21 e s to minimize harm to shoreline
functions, preserve the natural landscape, and minimize '
22 p � conflicts with present
and future planned land and shoreline uses while meeting g the needs of future
populations in areas planned to accommodate growth.
24 (3) Do not permit new non-water-orientedutility primary utility production and
25 processing facilities, or arts of thosefacilities,
p such as power plants, solid
26 waste storage or disposal facilities within thin shoreline Jurisdiction unless no
27 other options are feasible. Prima utility
ry ity such as wastewater
28 treatment plants and includingexpansion of existing facilities, should be
29 located in shorelineurisdiction only y i f no practical upland alternative or
p '
30 location exists p
. Such facilities and expansions should be designed and located
Gated
31 to minimize impacts on shoreline ecological functions, includingriparian and
32 aquatic areas and to the rp
natural landscape and aesthetics. Public health and
33 safety should be the highest priority for the planning, development, and
34 operation of primary Y utilit facilities.
35 (4) Locate utility transmission facilities for the conveyance of services, such as
36 power lines, cables, and i elines outside • p p side of shoreline Jurisdiction where
3 7 feasible. Where permitted within shoreline Jurisdiction, such facilities should
3 8 be located within existing orapproved road crossings, right-of-way, and
3 9 corridors or in such a wayas to
40 minimize potential adverse impacts on
shoreline areas. Joint use of rights-of-wayand corridor '
41 sin shoreline areas
should be encouraged.
Grant County Shoreline Master Program
16
DRAFT REDLINES FOR REVIEW
�+301 Alanuary 2023
1 (5) Locate new utility facilities so as n °
2 Y of to require extensive shoreline protection
works.
3 (6) Locate utility facilities and corridors to protect scenic views from public parks
4 and trails. Whenever possible., suchfacilities
should be placed underground
5 or alongside or under bridges. '
6 (7) Design
utility facilities and rights-of-way to preserve the natural landsca e
7 and to minimize conflicts with res p
present and planned land uses.
8 (s) Existing Uses Policies:
9 (1) Allow nonconformingexisting exg legal uses and structures to continue in
10 accordance with this SMP. Residential ntial structures and appurtenant structures
11 that were legally established and
1 Y are used for a conforming use, but that do
2 not meet standards for the following should be considered a conforming
13 structure: setbacks buffers yards;
or
y ds; area; bulk; height; or density.
14 (2) Allow alterations of nonconforming structures, uses, and lots in consideration
15 of historic patterns, development p p , when occupied by preferred uses, and when
16 consistent with ublic safety d
p y another public purposes.
17
18
19
20
21
22
23
24
25
C
(3)
(4)
(s)
(6)
Encourage transitions from nonconformingto conforming uses uses.
Allow for nonconforming structures to expand when they ey do not increase the
nonconformity according to SMP requirements.
Allow for existing roads, driveways, and utilitylines to
continue and expand
when they do not increase the nonconformity accordingto SMP
requirements.
Consider the no -net -loss of ecological function objective °
� to guide review of
proposed expansions or other changes to nonconforming uses and new
development on nonconforming vacant lots. This e ob'
� cove maybe addressed
in an area -wide manner consistent with the SMP cumulative impacts analysis.
Conservation Element
27 (Goals and policies for: Environmental Protection Critical tical Areas, Shoreline Vegetation
28 Conservation; Water Quality, Stormwater Management, g t, and Nonpoint Pollution)
29 (a) Goal A: Protect the natural and Columbia B _
Basin Project enhanced hydraulic,
30 hydrologic and habitat functions scenic as '
well as recreational values of Grant
31 County's shorelines.
32 (b) Policies:
33 (1) Develop and implement management •
p g nt practices that will ensure a sustained
34 yield of renewable resources of the
shorelines while preserving, protectin
35 enhancing, and restoringunique g'
que an d nonrenewable shoreline resources,
36 environments, or features
37 (2) Reclaim and restore areas that are biologically and aesthetically degraded to
38 the greatest extent feasible
Grant County Shoreline Master Program
17
DRAFT REDLINES FOR REVIEW
IQ �� r 7 n n• u ry2023
1 (3) Preserve scenic vistas aesthetics fisheries and wildlife habitat, and other
2 critical areas
3 (4) Protect shorelinerocesses and ecological ogical functions through regulatory and
4 non -regulatory means that may inclacquisition
y ude of key properties,
5 conservation easements regulation o
gu f development within shoreline
6 jurisdiction, and incentives toriva
p to property owners to encourage
7 ecologically sound design implementation
8 g of best land management
practices.
9 (5) Protect and manage shoreline -associated
1 g wetlands, including maintenance of
0 sufficient volumes of surface andsubsurface drainage into wetlands, to sustain
11 existing vegetation and wildlife habitat.
12 (6) Work with otherjurisdictional agencies 1 in the region and with the private
3 sector to deal effectivelywith regional g nal and watershed -wide natural
14 environment issues and therotect' on, preservation, and enhancement of all
15 p i
shorelines as fish and wildlife habitat.
16 (7) Manage development to avoid risk
p and damage to property and loss of life
17 from geological conditions.
18 (8) Regulate development within the 1
p 00 -year floodplain to avoid risk and
19 damage to property and loss of life
20 (9) Prohibit the introduction of invasive plant species along shorelines and
21 encourage the removal of noxious and invasive weeds and trees.
22 (10) Protect, enhance, and maintain healthy vegetation consistent with the local
23 climate and nature of shoreline.
24 (11) Enhance and restore areas which are
biologically and aesthetically degraded to
25 the greatest extent feasible while �
maintaining appropriate use of the shoreline.
26 Historic, Cultural, Scientific, and. Educational
Resources Element
27 (a) Goal A: Identify, preserve, and protect
2 p historic, cultural, and archaeological resources
8 found to be significant b recognized local
Y g ,state, or federal processes.
29 (b) Goal B: Encourage educational and scientific projects and programs that foster a
30 greater appreciation of the importance of shoreline oreline management, water -oriented
31 activities, environmental conservation' and local historic connections with Grant
32
County shoreline.
33 (c) Policies:
34 (1) Identify, protect,reserve and restore re important archeological, historical, and
35 cultural sites located in shorelands.
36 (2) Encourage educationalJ ro ' ects and d programs that foster a greater appreciation
37 of the importance of shoreline pp
p e management, maritime activities,
38 environmental conservation and maritime
history.
Grant County Shoreline Master Program
18
DRAFT REDLINES FOR REVIEW
4January 2023
1 (3) Prevent public or private uses and activities from damaging, altering,
2 removing, or destroying any site having historic, cultural, scientific, or
3 educational value without appropriate analysis and mitigation.
4 Flood Hazard Management Element
5 (a) Goal A: Protect public safety within rivers' and creeks' floodways and floodplains and
6 protect natural systems by preserving the flood storage function of floodplains.
% (b) Policies:
g (1) Manage development proposed within floodplains and floodways consistent
9 with the Shoreline Management Act, the Federal Emergency Management
10 Agency (FEMA) standards, the Critical Areas Regulations for frequently
11 flooded areas contained within this SMP.
12 (2) Work with cities and towns, and state and federal agencies to deal effectively
13 with regional flooding issues.
14 (3) Control stormwater runoff in a manner consistent with low -impact
15
16 development practices which utilize natural detention, retention, and recharge
techniques to the maximum extent possible.
17 (4) Prohibit any development within the floodplain which would individually or
18 cumulatively cause any increase in the base flood elevation beyond FEMA
19 standards.
20 Private property right (WAC 173-26-191(2)(a)(i))
21 (a) Goal A: Recognize and protect private property rights in shoreline uses and
22 developments consistent with the public interest.
23 (b) Policies:
24 (1) Shoreline uses should be located anddesi'
gned to respect private property
25 rights, maintain privacy of private
p y p property, be compatible with the shoreline
26 environment, ronment, protect ecological functions and processes, and protect aesthetic
values of the shoreline
28 (2) Public trails, access to shoreline such as �
• bikeways, or roads should
29 consider therzvac of private .��.. p property owners when locating them
30 near private properties: .
31
Grant County Shoreline Master Program
19
DRAFT REDLINES FOR REVIEW
�latpm6nr
16%�Vfff-r.. ..W.,.,d,1anuary 2023
I SECTION 11: Chapter 24.12 – Shoreline Regulations
2
Article I. Authority and Purpose
3 24,12.010 Authority
4 (a) The Shoreline Management Act (SMA) of 1971, Chapter 90.58 RCW, is the authority
5 for the enactment and administration of this Shoreline Master Program (SMP).
6 24.12.020 Applicability
7 This SMP amolies to all development. the construction or exterior alteration of
8 structures; dredging; drillinLY: durnt)in�,Y; fillin2: • removal of any sand ravel minerals
�ac�in
9 or vegetation; bulkheading; driv_lng_of ilin lacin of �obstructions,, or an _�rQLect
10
of a -permanent or tern oras nature which in
------ terferes with the normal public use of the
11 surface of the waters of the state subject to Cha-Dter 90-58 RCW at an stagg-�g-f water
12 level. Develo ment does not include the follow*
in activities:
13
1—Interior
buildin int ravements •
14
15
Exterior structure maintenanceactivities, including painting and roofin ncl
long as it does not expand the existin _as
foot-Drint of the struct
16
17
Q)
landsca-De m
.Routinemaintenance
I - ------ ntenance of established, ornamental landsc such
a0ina
as lawn mowin #
- g, pruninR and weedin gr --
18
19
4
--Maintenance of the following ex' sting cilities that does not exandthe
affected area: se tic tanks routidAejls:andndiviuaunlit x
service connections:
21
22
fQ
Dismantlin a structure.sif there is no other associated
devejppM�p�develoiirnent;
236
23ant
24
to RCW 90.58.355,
Pursuant v Dersoln conducting a remedial action at a
25
Alp1irsuant t
facil o a consent decree. order- ora order issued piLrsuq�nt to
RCW 70.305.,
or to Ecolo when it conducts a remedial action under
26
RCW 70.305;
27
28
Q
�urs-LP jant to RCW 90.58.355, anv person installina site improvei-nents for
29
I
storm water tre-atment in. an existimr boatyard firicility to meet requirements of
a national DOI] Ufirl t disc
30
31
Washington State Department of Frans DortationDroiects% and activities
meetinLy the conditions of RCW 90.58.356-
32
(9)
Proiects consistent with an environmental excellenceDrogrqM
33
-pursuant to RCW 90.5 8.045 and RCW 4.) 1 K; _qgrggMg�
-----------
34
35
10
Pro`cots _
cts authorized through the Ener y Fac'l*tv Site Evaluation Council
rocess Lrsuant to RCW 80.50, -and
36 LUL Areas and uses in
those areas th
at are under exclusive federal jurisdiction as
37
established throe federal or state statutes are not sLibject to the iurisdiction
38 of RCW 90.58.
Grant County Shoreline Master Program
20
DRAFT REDLINES FOR REVIEW
1 oantombpr- ^Janus y 2023
v �..
1 (-a)fl2)_This Program shall apply to all of the shorela
nds and waters within the
2 unincorporated Grant Count as described in '
3 Y SMP Section I, Shoreline Goals and
Policies, Profile of the Shoreline Jurisdiction within Grant County.
4 (b)Lc) All proposed uses, activities, or development
5 p t occurring within shoreline jurisdiction
must conform to the intent and requirements of Chapter 90.58 RCW, CW, the SMA, and
6 this
SMP whether or not a permit or other form of authorization is required. See SMP
7 Shoreline Goals and Policies section for the shorelinejurisdiction description ption and
8 SMP Article VII � scri
for the definition of uses, activities, and development.
9 (e)Ld)_The SMP applies to shorelinejurisdiction within '
� thin unincorporated Grant County and
10 the Urban Growth AreasUGA
( ) of cities and towns; this SMP will not apply to
11 shorelines in the UGAs upon annexation pp y
p xation of the UGA areas to cities and towns.
12 (d)LeLPursuant to WAC 173-27-060, federal agency activities � g ncy activities maybe required by other
13
federal laws to meet the permitting requirements of chapter Ater 90.58 RCW. This
14
Program shall apply to all nonfederal developments and us
15 1 p es undertaken on federal
ands and on lands subject to nonfederal ownership, lease
, or easement, even though
16 such lands
may fall within the external boundaries of federal
ownership.
17
(e)LfJ_As recognized by RCW 90.58.350 the rovisio
18 , p ns of this SMP shall not affect treaty
rights of Indian Nations or tribes.
19 (AgL Maps indicating the extent of shoreline jurisdiction and shoreline designations are
20 guidance only. They are to be used in conjunction with best available science, field
21 investigations, and on-site surveys to accurately establish the location and extent of
22 shoreline jurisdiction when a project is proposed. All areas meeting the definition of a
23 shoreline of the state or a shoreline of statewide significance, whether mapped or not,
24 are subject to the provisions of this Program.
25 24.12.030 Purpose
26 (a) The purposes of this SMP are:
27
28
(1) To promote the public health, safety, and general welfare of the County by
29
providing comprehensive policies and effective, reasonable regulations for
development, use and protection of jurisdictional
shorelines; and
30
31
(2) To further assume and carry out the local government responsibilities
32
established by the SMA in RCW 90.58.050 including planning and
33
administering the regulatory program consistent with the policy and
provisions of the SMA in RCW 90.58.020; and
34
(3) To provide a high quality shoreline environment where:
35
(A) Recreational opportunities are abundant;
36
(B) The public enjoys access to and views of shoreline areas;
37
(C) Natural systems are preserved, restored or enhanced;
38
39
(D) Ecological functions of the shoreline are maintained and improved
over time;
Grant County Shoreline Master Program
21
DRAFT REDLINES FOR REVIEW
Cp -p+1 - 9 January 20123
1 (E) Water -oriented uses are promoted consistent with the shoreline
2 character and environmental functions; and
3 (b) To apply special conditions to those uses which are not consistent with the control of
4 pollution and prevention of damage to the natural environment or are not unique to or
5 dependent upon use of the state's shoreline; and
6 (c) To assure no net loss of ecological functions associated with the shoreline.
7 24.12.040 Relationship to Other Codes, Ordinances and Plans
8 (a) All applicable federal, state, and local laws shall apply to properties in the shoreline
9 jurisdiction. Where this Program makes reference to any RCW, WAC, or other state,
10 or federal law or regulation the most recent amendment or current editionapply.
11 (b) In the event provisions of this SMP conflict with provisions of federal, state or county
12 regulations, the provision that is most protective of shoreline resources shall prevail.
13 It is understood that the provisions of this chapter may not allow development to
14 occur at what otherwise might be the property's full zoning potential.
15 (1) Local plans or programs include, but are not limited to:
16 (A) Watershed Management Plans (WRIA 43 —Upper Crab -Wilson)
I
17 (B) GCC 24.4C 14.02 Flood Damage Prevention
18 (C) GCC 24.04 SEPA
19 (D) GCC 23.12 Development Standards
20 (E) Grant County Shoreline Management Master Program
21 (F) Grant County Solid Waste Permits
22 (G) Grant County On -Site Sewage Disposal Permits
23 (K) Grant County Open Space Taxation Program
24 (2) State and federal programs include, but are not limited to:
25 (A) Washington State Hydraulic Project Permits (HPA)
26 (B) Washington State Pesticide Applicator License Requirements
27 (C) Washington State Waste Discharge Permits
28 (D) Washington State Water Quality Certification Requirements (401)
29 (E) Federal Corps 404 Permits and Section 10 Permits
30 (c) The policies in the SMP, contained in the Shoreline Master Program Elements, state
31 the underlying objectives the regulations are intended to accomplish. The policies
32 guide the interpretation and enforcement of the SMP regulations contained in GCC
33 Chapter 24.12. The policies are not regulations in themselves and, therefore, do not
34 impose requirements beyond those set forth in the regulations.
35 (d) This Shoreline Master Program contains critical area regulations in GCC 24.12
36 Article V, applicable only in shoreline jurisdiction that provide a level of protection to
Grant County Shoreline Master Program
22
DRAFT REDLINES FOR REVIEW
I critical areas assuring no net loss of shoreline ecological functions necessary to
2 sustain shoreline natural resources. (RCW 36.70A.480). In the event of any conflict
3 between the requirements of this Code and any other Code or ordinance of Grant
4 County, the regulation that provides the greater protection for the particular critical
5 area within shoreline jurisdiction shall apply.
6 (e) Projects in the shoreline jurisdiction that have either been deemed technically
7 complete through the application process or have been approved through local and
g state reviews prior to the adoption of this Program are considered accepted. Major
9 changes or new phases of projects that were not included in the originally approved
10 plan will be subject to the policies and regulations of this Program.
11 24.12.050 Liberal Construction
12 (a) As provided for in RCW 90.58.900, the SMA is exempted from the rule of strict
13 construction. The County shall therefore interpret the SMP not only on the basis of
14 actual words and phrases used in it, but by also taking purposes
15 into account. ,goals, and policies
16 24.12.060 Severability
17 (a) Should any section or provision of this SMP be declared invalid, such decision shall
18 not affect the validity of this SMP as a whole.
19 24.12.070 Effective Date
20 (a) The SMP is hereby adopted o€� ''�4 �, 2023. This SMP and all
21 amendments thereto shall become effective fourteen (14) days after final approval
22 and adoption by Ecology.
23
24 Article II. Environment Designations
25 24.12.100 Environment Designations
26 (a) The county has designated shorelines pursuant to chapter 90.58 RCW by defining
27 them, providing criteria for their identification and establishing the shoreline
28 ecological functions to be protected. Project proponents are responsible for
29 determining whether a shoreline exists and is regulated pursuant to this Program. The
30 SMP classifies Grant County shoreline into eight shoreline environment designations
31 consistent with the purpose and designation criteria as follows:
32 (1) Aquatic
33 (2) Natural
34 (3) Rural Conservancy
35 (4) Public Recreation Conservancy
36 (5) Recreation
37 (6) High Intensity Public Facility
38 (7) Shoreline Residential
Grant County Shoreline Master Program
23
DRAFT REDLINES FOR REVIEW
coh+ar,,,knr �n� nJanuary 2023
1 (8) Low -Intensity Residential
2 (b) Official Shoreline Maps
3 (1) Shoreline Area Designations are delineated on a map, hereby incorporated as
4 a part of this Program (Appendix A) that shall be known as the Official
5 Shoreline Map. The purpose of the Official Shoreline Map is to identify
6 Shoreline Area Designations. Maps indicating the extent of shoreline
7 jurisdiction and shoreline designations are guidance only. They are to be used
g in conjunction with best available science, field investigations, and on-site
9 surveys to accurately establish the location and extent of shoreline jurisdiction
10 when a project is proposed.
11 (c) Unmapped or Undesignated Shorelines
12 (1) All areas meeting the definition of a shoreline of the state or a shoreline of
13 statewide significance, whether mapped or not, are subject to the provisions of
14 this Program.
15 (d) Interpretation of Environment Designation Boundaries
16 (1) Whenever existing physical features are inconsistent with boundaries on the
17 Official Shoreline Map, the Administrator shall interpret the boundaries.
18 Appeals of such interpretations maybe filed pursuant to GCC 24.12.810,
19 Appeals.
20 (2) All shoreline areas waterward of the OHWM shall be designated Aquatic.
21 (3) Only one shoreline area designation shall apply to a given shoreland area. In
22 the case of parallel designations, designations shall be divided along an
23 identified linear feature. Such linear features shall be clearly noted in the
24 metadata associated with the Official Shoreline Map.
25 (4) All areas within shorelines that are not mapped and/or designated are
26 automatically assigned Rural Conservancy designation. Within urban growth
27 areas, such shorelines shall be automatically assigned a Rural Conservancy
Z$ designation until such time that the shoreline area can be re -designated
29 through a formal amendment.
30 24.12.110 Aquatic
31 (a) Purpose
32 (1) The purpose of the "Aquatic" shoreline designation is to protect, restore, and
33 manage the unique characteristics and resources of the areas waterward of the
34 OHWM.
35 (b) Designation Criteria
36 (1) An Aquatic shoreline designation is assigned to lands and waters waterward
37 of the OHWM.
Grant County Shoreline Master Program
24
DRAFT REDLINES FOR REVIEW
, oa1- �,_ IN 0 NOk- Intamhor 3n� ^January 2023
V4
1 (c) Management Policies
2 (1) In addition to the other applicable policies and regulations of this Program, the
3 following management policies shall apply:
4 (A) New over -water structures should be allowed only for water -dependent
5 uses, public access, recreation, or ecological restoration.
6 (B) Shoreline uses and modifications should be designed and managed to
7 prevent degradation of water quality and natural hydrographic
g conditions.
9 (C) In -water uses should be allowed where impacts can be mitigated to
10 ensure no net loss of shoreline ecological functions. Permitted in -water
11 uses must be managed to avoid impacts to shoreline ecological
12 functions. Unavoidable impacts must be minimized and mitigated.
13 (D) On navigable waters or their beds, all uses and developments should
14 be located and designed to:
15
(i) minimize interference with surface navigation
16 (ii) consider impacts to public views
17 (iii) allow for the safe, unobstructed passage of fish and wildlife,
18 particularly species dependent on migration
19 (2) Multiple or shared use of over -water and water access facilities should be
20 encouraged to reduce the impacts of shoreline development and increase
21 effective use of water resources.
22 (3) Structures and activitiesermitted should hould be related in size, form, idesign, and
23 intensity of use to those permitted g '
p n the immediately adjacent upland area.
24 The size of new over -water structures should be limited to the minimum
25 necessary to support the structure's intended ntended use.
26 (4) Natural light should be allowed to
penetrate to the extent necessary to support
27 fisheries and nearshore aquatic habitat tat unless other illumination is required b
28 _ state or federal agencies. y
29 (5) Aquaculture practices should be encouraged in those waters and beds most
30 suitable for such use. Aquaculture should hould be discouraged where it would
31 adversely affect the strength or viability '
g ility of native stocks or unreasonabl
32 interfere with navigation. y
33 (6) Shoreline uses d •
development, activities, and modifications in the Aquatic
34 q c
shoreline designation requiring use of adjacent lands'
de property should be in
35 J i
a shoreline designation that allows that use development, � p nt, activity, or
36
modification.
Grant County Shoreline Master Program
25
DRAFT REDLINES FOR REVIEW
!�Alatlzmhor 0) 'd I
�. uar r 2023
,.... �., ...... ,
1 24.12.120 Natural
2 (a) Purpose
3 (1) The purpose of the "Natural" shoreline designation is to protect those
4 shoreline areas that are relatively free of human influence or that include
5 intact or minimally degraded shoreline ecological functions less tolerant of
6 human use. These systems require that only very low -intensity uses be
7 allowed in order to maintain the ecological functions and ecosystem -wide
g processes. Consistent with the policies of the designation, restoration of
9 degraded shorelines within this environment is appropriate.
10 (b) Designation Criteria
11 (1) The following criteria should be considered in assigning a Natural shoreline
12 designation:
13 (A) The shoreline ecological functions are substantially intact and have a
14 high opportunity for preservation and low opportunity for restoration
15 (B) The shoreline is generally in public or conservancy ownership or under
16 covenant, easement, or a conservation tax program
17 (C) The shoreline contains little or no development, oris planned for
18 development that would have minimal adverse impacts to ecological
19 functions or risk to human safety
20 (D) There are low -intensity agricultural uses, and no active mining uses
21 (E) The shoreline has a high potential for low -impact or passive or public
22 recreation and is typically planned for Open Space and Hanford
23 Federal Reserve uses as part of the comprehensive plan; or
24
25 (F) The shoreline is considered to represent ecosystems and geologic types
that have high scientific and educational value.
26 (c) Management Policies
27 (1) In addition to other applicable policies and regulations, the following
28 management policies shall apply:
29 (A) Any use that would substantially degrade shoreline ecological
30 functions or natural character of the shoreline area should not be
31 allowed.
32 (B) Scientific, historical, cultural, educational research uses, and low -
33 impact, passive recreational uses are allowed while keeping ecological
34 functions intact.
35 (C) Vegetation should remain undisturbed except for removal of noxious
36 vegetation and invasive species through gh ongoing management
37
activities, or as part of a development proposal. Proposed subdivision
38 or lot line adjustments, new development, or significant vegetation
Grant County Shoreline Master Program
26
DRAFT REDLINES FOR REVIEW
'-bar-201-anuary 2023
1 removal that would reduce' '
the capability of vegetation to perform
2 normal ecological functions
g should not be allowed.
3 (D) Uses that would deplete de Th
p physical or biological resources or impair
4 views to or from the shoreline over time should be prohibited.
6
5 (E) Only physical alterations that serve to protect a significant or unique
physical, biological, or visual al shoreline feature that might otherwise be
� degraded or destroyed; • or those 8 y alterations that are the minimum
necessary to support a permitted use should be allowed.
9 (F) .Only the followingtypes of `
10 Yp signs should be considered for location in
the shorelines: interpretive, directional navigational,
� g regulatory, and
1 1
public
12 24.12.130 Rural Conservancy
13 (a) Purpose
14 (1) The purpose of the "Rural Conservancy" shoreline designation is to protect
15 shoreline ecological functions con '
g serve existing natural resources and
16 valuable historic and cultural areas in order to provide for sustained resource
17 use, achieve natural ro floodplain
18 p processes where applicable, and provide
recreational opportunities. In addition to existingagriculture g uses, examples of
19 uses that are
appropriate in a Rural Conservancy shoreline designation include
20 low -impact, passive recreation uses, s, water -oriented commercial development,
and low -intensity residential development.
22 (b) Designation Criteria
23 (1) The following criteria are used to consider onsider a Rural Conservancy shoreline
24 designation:
25 (A) The shoreline is located outside of incorporated municipalities and
26 designated urban
rowth areas;
g
27 (B) The shoreline is not highly g y developed and most development is
28 agriculture and low-density residential, and includes Columbia Basin
29 Project and irrigation district facilities and i
nfrastructure;
30 (C) The shoreline is typically 1
yp y p anned or platted Rural Remote, Dryland,
31 Irrigated, Rangeland, and '
g Rural Residential 1 and 2
32 (D) The shoreline has low to moderate potential for public, water -oriented
33 recreation where ecological g functions can be maintained or restored• or
34(E) The shoreline has high scientific or education
3 5 al value or unique
historic or cultural resources value.
36 (c) Management Policies
37 (1) In addition to the other applicable pp policies and regulations of this Program the
38 following managementolicies shall •
p 11 apply.
Grant County Shoreline Master Program
27
DRAFT REDLINES FOR REVIEW
201 January Z023
1 (A) Uses in the Rural Conservancy — in addition t '
2 Y o existing agriculture
uses and Columbia Basin Project and irrigation district operations
g p ations
3 other shoreline uses should be limited to those that sustain
' the
4
shoreline areas physical and biological resources and
g do not
5
substantially degrade shoreline ecological functions or
g the rural or
6
natural character of the shoreline area.
7 (B) Residential development shall. 11 ensure no net loss of shoreline
8 ecological functions andre '
p serve the existing character of the
9 shoreline consistent with the
purpose of this designation.
10 (C) Encourage regulations that
g gu limit lot coverage, provide adequate
11 setbacks from the shoreline, promote native vegetation conservation
12 and invasive species control/removal p of/removal and replacement with native
13 species, reduce the need for' '
shoreline stabilization and maintain or
14 improve waterualit to
15 q Y ensure no net loss of shoreline ecological
functions.
16 (D) Water -dependent and water- °
p enjoyment recreation facilities that do not
17 deplete the resource over time are preferred uses, provided significant
18 adverse impacts to the shoreline eline are avoided and unavoidable im acts
19 are minimized and mitigated.p
20 (E) Developments and uses that
p would substantially degrade or
21 permanentlydeplete the biological p ogical resources of the area should not be
22 allowed.
23 (F) New shoreline stabilization
flood control measures, vegetation
24 removal, and other shoreline modifications should be designed and
25 managed consistent with the '
se guidelines to ensure that the natural
26 shoreline functions arerote
p cted. Such shoreline modification should
27 not be inconsistent with planning provisions for restoration of
28 shoreline ecological functions.
ns.
29 24.12.140 Public Recreation Conservancy
30 (a) Purpose
31 (1) The purpose of the "Public Recreation��
Conservancy shoreline designation is
32 to provide continued and enhanced
recreational opportunities while protecting
33 shoreline ecological functions cons '
3� conserve existing natural resources and
4
valuable historic and cultural areas in order torovide
3 5 p for sustained resource
use, and achieve natural floodplain processes where applicable '
pp able, recognizing
36
many of the functions in these areas in Grant Count are a re
37 C Y suit o f the
Columbia Basin Project. Examples of uses that are appropriate
3 8 in a Recreation
Conservancy shoreline nati
desigon in addition to Columbia'
Basin Project and
39
irrigation district facilities and operations includeublic lands
p with low -
40 impact recreation uses, and water -oriented commercial development.
p t.
Grant County Shoreline Master Program
28
DRAFT REDLINES FOR REVIEW
%.w %_ V %. %_ ICorn+QrI I " k,p%_ Ir �n� "January 2 023
--
1 (b) Designation Criteria.
2 (1) The following criteria are used to consider a Public Recreation Conservancy
3 shoreline designation:
4 (A) The shoreline is located outside of incorporated municipalities and
5 designated urban growth areas;
6 (B) The shoreline is publicly owned and includes Columbia Basin
7 Project and irrigation district facilities and infrastructure that provide
g both aquatic habitat and water supply benefits
9 (C) The shoreline has low to high ecological function with moderate to
10 high opportunity for preservation and low to moderate opportunity for
11 restoration or low to moderate ecological function with moderate to
12 high opportunity for restoration;
13 (D) The shoreline is not highly developed and most development is
14 recreation -related;
15 (E) The shoreline is planned or platted Rural Remote or Open Space (with
16 and without specific recreation management plans) or has an existing
17 recreation use;
18 (F) The shoreline has existing or moderate to high potential for public,
19 water -oriented recreation where ecological functions can be
20 maintained or restored; or
21 (G) The shoreline has high scientific or educational value or unique
22 historic or cultural resources value.
23 (c) Management Policies
24
25
(1) In addition to the other applicable policies and regulations of this Program the
following management policies shall apply:
26
27
(A) Uses in the Public Recreation Conservancy —shoreline designation
28
should be limited to Columbia Basin Project and irrigation district
29
operations and other uses that sustain the shoreline area's physical and
biological resources and do not substantially degrade
30
31
shoreline
ecological functions or the rural or natural character of the shoreline
area.
32
33
(B) Recreation development shall ensure no net loss of shoreline
34
ecological functions and preserve the existing character of the
shoreline consistent with the purpose of this designation.
35
36
(C) Encourage regulations that provide adequate setbacks from the
37
shoreline, promote native vegetation conservation and invasive species
38
control/removal and replacement with native species, reduce the need
39
for shoreline stabilization and maintain or improve water quality to
ensure no net loss of shoreline ecological functions.
Grant County Shoreline Master Program 29
DRAFT REDLINES FOR REVIEW
rv�I a h e r_24114i u a r1/ 2023
1 (D) Water -dependent and water -enjoyment recreation facilities that do not
2 deplete the resource over time are preferred uses, provided significant
3 adverse impacts to the shoreline are avoided and unavoidable impacts
4 are minimized and mitigated.
5 (E) Developments and uses that would substantially degrade or
6 permanently deplete the biological resources of the area should not be
7 allowed.
8 (F) New shoreline stabilization flood control measures, vegetation
9 removal, and other shoreline
modifications should be designed and
10 managed consistent with the '
se guidelines to ensure that the natural
11 shoreline functions arerote
p cted. Such shoreline modification should
12 not be inconsistent withla ' '
p nning provisions for restoration of
13 shoreline ecological functions.
s.
14 24.12.150 Recreation
15 (a) Purpose
116(1)The u ��- . purpose of the Recreation environment is t -
17 o provide for water oriented
recreational uses with some commercial uses and residential mixed -uses to
18 ma
support recreational uses while protecting existingecological function
19 g s,
conserving existing natural resources, and restoringecolo ical ' '
20 g functions in
areas that have been previously degraded.
21 (b) Designation Criteria
22 (1) The following criteria are used to co '
consider a Recreation shoreline designation:
23 (A) The shoreline is located outside
of incorporated
24 (B) The shoreline has low to moderate ecological function with low to
25 moderate opportunity for
2 pp y preservation ervation and low to moderate
6 opportunityfor restoration or low ow to moderate ecological function with
27 low to moderate opportunity f
pp y or restoration;
28 (C) The shoreline is highly
g y developed and most development is recreation -
29 related withotential for additional p tional recreation and recreation related
30 commerce; or are suitable and planned for water -oriented uses.
31 (D) The shoreline islanned or
p platted Master Planned Resort, Recreation
32 Development or Shoreline Development; '
velopment; or designated by the Count
33 as the "limited areas of more ' Y
intensive rural development," as
34 described b RCW 36.70A.070.
Y
35 (E) The shoreline has existing recreation uses or moderate to high
36 potential for public and private, water -oriented recreation where
37 ecological functions can be maintained or enhanced; or
38 (F) The shoreline has limited scientific or educational value or unique
39 historic or cultural resources values.
Grant County Shoreline Master Program
30
DRAFT REDLINES FOR REVIEW
�mtizlnqor. W-W.A ^January 2023
1 (c) Management Policies
2 (1) In addition to the other applicable policies '
3 pp p sand regulations of this Program the
following management policies shall apply:
1 :
4 (A) In regulatinguses in the "Recreation" ation environment, first priority
5 should be given to water -dependent p nt recreational uses. Second priority
6 should be given to water -related
and water -enjoyment recreational
7 uses. Nonwater-oriented uses should not be allowed except as part of
8 ""v�`' """mixed-use developments '
p nts with a recreation focus
9 (B) Policies and regulations shall as
10 � sure no net loss of shoreline ecological
functions as a result of new development. Consistent with
p the
11
County's restoration plan, new development shall include restoration
12 p storation
of shoreline functions as part of projectro osals.
p p
13 (C) where feasible visual andh '
p ysical public access should be required
14 as provided for in GCC 24.12.260, Public Access. Recreational
15 _ objectives should be enhanced
by combining physical and visual
16 public access opportunities with h other recreational opportunities where
17 feasible.
18 (D) Tez���water-oriented commercial uses should be allowed. .
19 (E) Aesthetic ob ' ectives-
should be implemented by means such as n
si
20 control regulations, appropriate g
pp priate development siting, screening, and
21 architectural standards and maintenance of natural vegetative buffers.
22 24.12.160 High Intensity Public Facility
23 (a) Purpose
24 (1) The purpose of the "High Intensity—Public Facility" environment is to
25 provide for higher intensity public facility utility or infrastructure that needs
26 shoreline location for operation and that are associated with high-intensity
27 water -oriented power generation, irrigation water supply conveyance,
28 transportation or navigation uses. This environment may also provide for
29 some recreational uses while protecting public safety, existing ecological
30 functions, conserving existing natural resources and restoring ecological
31 functions in areas that have been previously degraded.
32 (b) Designation Criteria
33 (1) The following criteria are used to consider a High Intensity–Public Facility
34 shoreline designation:
35 (A) The shoreline is located outside of incorporated municipalities and
36 designated urban growth areas;
37 (B) The shoreline has low to moderate ecological function with low to
38 moderate opportunity for preservation or restoration;
39 (C) The shoreline is highly developed and most development is public
40 utility or infrastructure -related with potential for additional related
Grant County Shoreline Master Program 31
DRAFT REDLINES FOR REVIEW
sow+ef.,r,tier �n� "January 2023
1 development or facility rehabilitation
2 y anon or upgrade modifications; or are
suitable and planned for more intensivep ublic facilityuses
3 (D) Shoreline areas that are managed g by public agencies to provide public
4 services, that operation of such
5 p services depend on proximity to water
and that includes high-intensity uses related toener ower
6 irrigationp g anon,
water supply conveyance, transportation, or navigation uses •
7 or
8 (E) The shoreline has limited scientific or educational value or unique
9 historic or cultural resources values.
10 (c) Management Policies
11 (1) In addition to the other applicable policies and regulations of this Program the
12 following management
olicies shall apply:
p
13 (A) In regulating uses in the "High Intensity — Public Facility"
14 environment, firstiorit rhoul
p y should be given to water -dependent public -
15 facility uses. Secondriorit h
p y should be given to water -related and
16 water -enjoyment uses that are n '
of in conflict with the public -facility
17 uses. - ^'�T="'+�r N on -water -oriented uses are allowed as art of public
18 facilityoperational p
p oval needs .
19 (B) Columbia Basin Project,' irrigation '
g on districts, Grant County PUD and
20 other public facilitydshout
needs d guide the amount of shoreline
21 designated "High Intensity — Public Facility."
22 (C) Policies and regulations shall
23 � assure no net loss of shoreline ecological
functions as a result of redevelopment, facilityupgrades,
24 u pg ,and new
development. Where applicable, development shall include
de
25
environmental cleanup and restoration of the shoreline to comply in
26 accordance with an p Y
y relevant state and federal law.
27 (D) Where feasible, visual andh sic '
p y al public access should be required
28 as provided for in WAC 173-26-221 (4)(d).
29 (E) Aesthetic objectives should be J implemented by means such as sign
30 control regulations appropriate ' '
9development siting, screening and
31 architectural standards and maintenance of natural vegetative buffers.
32 24.12.170 Shoreline Residential
33 (a) Purpose
34 (1) The purpose of the "Shoreline��
Residential designation is to accommodate
35 primarily residential development and
3 6 p appurtenant structures, but to also allow
other types of development consistent with this chapter. A '
p n additional purpose
37
is to provide appropriate public access and recreational uses.
Grant County Shoreline Master Program 32
DRAFT REDLINES FOR REVIEW
^'1' l a n u a ry 2023
1 (b) Designation Criteria
2 (1) Assign a "Shoreline Residential" environment designation to shoreline areas
3 where:
4 (A) The shoreline has low to moderate ecological function with low to
5 moderate opportunity for restoration
6 (B) The shoreline contains mostly residential development at urban
7 densities.
$ (C) The shoreline is planned or platted for residential uses in the
9 comprehensive plan (Shoreline Development, Residential: Low -
10 Medium -High Density), or designated as limited areas of more
11 intensive rural development (LAMIRD) areas; or
12 (D) The shoreline has low to moderate potential for low -impact, passive,
13 or active water -oriented recreation where ecological functions can be
14 restored.
15 (c) Management Policies
16 (1) In addition to the other applicable policies and regulations of this Program the
17 following management policies shall apply:
18 (A) Encourage regulations that ensure no net loss of shoreline ecological
19 functions as a result of new development such as limiting lot coverage,
20 providing adequate setbacks from the shoreline, promoting vegetation
21 conservation, reducing the need for shoreline stabilizationi and
22 maintaining or improving water quality to ensure no net loss of
23 ecological functions.
24 (B) The scale and density of new uses and development should be
25 compatible with sustaining shoreline ecological functions and
26 processes, and the existing residential character of the area.
27 (C) Public access and joint (rather than individual) use of recreational
28 facilities should be promoted.
29 (D) Access, utilities, and public services to serve proposed development
30 within shorelines should be constructed outside shorelines to the extent
31 feasible, and be the minimum necessary to adequately serve existing
32 needs and planned future development.
33 (E) Public or private outdoor recreation facilities should be provided with
34 proposals for subdivision development and encouraged with all
35 shoreline development if compatible with the character of the area.
36 Priority should be given first to water -dependent and then to water -
37 enjoyment recreation facilities.
38 (F) Commercial development should be limited to water -oriented uses.
139 Non -water- oriented commercial uses should only be allowed
40 as part of mixed -used developments.
Grant County Shoreline Master Program
33
DRAFT REDLINES FOR REVIEW
a n( a ry 20,-.,,
�,,
V r VZi
1 24.12.180 Shoreline Residential —Low Intensity
2 (a) Purpose
3 (1) The purpose of the "Shoreline Residential —Low Intensity" designation
q. y gnation is to
accommodate residential development while protecting and, where
5 appropriate, enhancing ecological functions. An additional purpose is to
6 provide appropriate public access and recreational uses.-
7
ses:7 (b) Designation Criteria
g (1) Assign a "Shoreline Residential —Low Intensity" environment designation to
9 shoreline areas where:
10 (A) The shoreline has moderate to high ecological function with low to
11 moderate opportunity for restoration, and provides opportunity for
12 development that is compatible with ecological protection/restoration.
13 (B) The shoreline is located within designated urbangrowth or LAMIRD
14 areas that currently have limited development
15 (C) The shoreline is planned or platted for residential uses in the
16 comprehensive plan (Shoreline Development, Residential, Low
17 Density and Rural Residential 1 and 2); or
18 (D) The shoreline may support public passive or active water -oriented
19 recreation with opportunity for ecological functions restoration.
20 (c) Management Policies
21 (1) In addition to the other applicable policies and regulations of this Program the
22 following management policies shall apply:
pP Y:
23 (A) Encourage regulations that ensure no net loss of shoreline ecological
24 functions as a result of new development such as limiting lot coverage,
25 providing adequate setbacks from the shoreline, promoting vegetation
26 conservation, reducing the need for shoreline stabilization, and
27 maintaining or improving water quality to ensure no net loss of
28 ecological functions.
29
30
(B)
The scale and density of new uses and development should be
31
compatible with sustaining shoreline ecological functions and
32
processes, and the existing residential and ecological character of the
area.
33
34
(C)
Developments and uses that would substantially degrade or
35
permanently deplete the biological resources of the area should not be
allowed.
36
37
(D)
Enhancement/restoration of shoreline ecological functions should be
encouraged
38
39
(E)
Public access and joint (rather than individual) use of recreational
facilities should be promoted.
Grant County Shoreline Master Program
34
DRAFT REDLINES FOR REVIEW
�%;;�4J a ry 2
1 (F) Access, utilities, and public services to serve proposed development
2 within shorelines should be constructed outside shorelines to the extent
3 feasible and be the minimum necessary to adequately serve existing
4 needs and planned future development.
5 (G) Public or private outdoor recreation facilities should be provided with
6 proposals for subdivision development and encouraged with all
7 shoreline development if compatible with the character of the area.
$ Priority should be given first to water -dependent and then to water -
9 enjoyment recreation facilities.
10
11 Article III. General Regulations
12 24.12.200 Shoreline Use and Modification
13 (a) Table 24.12.200 (d) indicates which shoreline activities, uses, developments, and
14 modifications may be allowed or are prohibited in shoreline jurisdiction within each
15 shoreline environment designation. Activities, uses, developments, and modifications
16 are classified as follows:
17 (1) "Permitted Uses" require a Shoreline Substantial Development Permit or a
18 Shoreline Exemption.
19 (2) "Conditional Uses" require a Shoreline Conditional Use Permit per GCC
20 24.12.760.
21 (3) "Prohibited" activities, uses, developments, and modifications are not allowed
22 and cannot be permitted through a Variance or Shoreline Conditional Use
23 Permit.
24 (4) General Regulations (GCC 24.12, Article III) and Shoreline Modification and
25 Uses Regulations (GCC 24.12, Article IV) shall be considered for additional
26 limitations.
27 (b) Where there is a conflict between the chart and the written provisions in this SMP, the
28 written provisions shall control.
29 (c) General:
30 (1) Accessory uses shall be subject to the same shoreline permit process as their
31 primary use.
32 (2) Authorized uses and modifications shall be allowed only in shoreline
33 jurisdiction where the underlying zoning allows for it and are subject to the
34 policies and regulations of this SMP.
35 (3) A use is considered unclassified when it is not listed in Table 24.12.200 (d), or
36 in the Shoreline Modification and Uses Regulations (GCC 24.12, Article IV).
37 Any proposed unclassified use maybe authorized as a conditional use
38 provided that the applicant can demonstrate consistency with the requirements
39 of this Master Program and the requirements for conditional uses.
Grant County Shoreline Master Program
35
DRAFT REDLINES FOR REVIEW
yer�i'1
�rnhov 7n/1January 2023
1 (4) Exemptions shall be narrowly construed. Only those developments that meet
2 the precise terms of one or more of the listed exemptions may be granted
3 exemption from the Substantial Development Permit process.
4 (5) If any part of a proposed activity, use, modification, or development is not
5 eligible for exemption per GCC 24.12.740 (Exemptions from Shoreline
6 Substantial Development Permits), then a Shoreline Substantial Development
7 Permit or Shoreline Conditional Use Permit shall be required for the entire
g proposed development project.
9 (6) When a specific use or modification extends into the Aquatic environment and
10 an abutting upland environment without clear se aration (e.g., private
11 p
moorage facility, shoreline stabilization), the most restrictive permit process
12 shall apply to that use or modification.
13 (7) Shoreline and critical areas buffers found in GCC 24.12, Article V apply to all
14 uses and modifications unless stated otherwise in the regulations.
15 (8) None of the allowed uses shall be conducted in the floodway in any
16 environment designation, except as allowed by GCC 24.12.560, Frequently
17 Flooded Areas.
18 (9) Administrative interpretation of these regulations shall be done according to
19 Section 24.12.710(b) of this document.
20 (d) Shoreline use and modification matrix:
21 Table 24.12.200 (d). Shoreline Use and Modification Matrix
Abbreviations
.-+,...,
A = Allowed with
Agriculture'
p
Substantial
A
CU
Development
C
a PO4
a PO4
Permit; C =o
Aquaculture
C
P
■.•r
Conditional Use;
p
CZ
p
P
P = Prohibited;
P
� _�
a�
y
o
N/A = Not Applicable
P
� '�
C
0 3
a
= a
P=04
.P10
Use/ Modification
Boat launch
o
V
.-+,...,
Agriculture'
p
p
A
CU
C
a PO4
a PO4
A
Aquaculture
C
P
A
A
p
CZ
p
P
Mining
P
� _�
5 PO4
KP -4
0.4
P
P
� '�
C
0 3
a
= a
P=
P= o
Kesource Uses
Agriculture'
p
p
A
P
C
P
A
A
Aquaculture
C
P
A
A
p
p
p
P
Mining
P
P
C
P
P
P
P
C
Boating Facilities
Boat launch
(motorized boats)
A
C
C
C
A
A
C
C
Boat launch (non-
motorizedboat-
A
C
A
A
A
A
A
A
canoe/ kayak)
Marina
A11111I P I C I C I A A C p
Grant County Shoreline Master Program 36
DRAFT REDLINES FOR REVIEW
�`� a a- W.A. "January 2023
�i Y/YYI i' rn"nfii Cla1:.�,., An.�,,.+,.., _.__
Y ore e in as ter Program 37
DRAFT REDLINES FOR REVIEW
Abbreviations
A = Allowed with
Substantial
Development
Permit; C
a�
Conditional Use;
>
1P*
NW4
P = Prohibited,
a
a •y
N/A =Not Applicable
,�
Use/ Modification
a"
: o
a
0
�
W�
W
c
•
a
o
Docks, Piers, Moorin Facilities
g
� a°
Private and shared
Moorage
A
P
A2
A2
A2
A2
A2
A2
Public moorage
A
P
C
C
A
A
A
C
Covered moorage
P
P
P
P
P
P
P
P
Commercial Development
Water dependent
C
P
A
C
A
A
A
p
Water -related, -Water
enjoyment
P
P
P
C
A
C
C
P
Non -water -oriented
P
P
P
P
C3
C
P
re ging Activities
P4
Dredging
C
N/A
N/A
N/A
/
N /A
N/A
N/A
1V/A
Dredge Material
Disposal
C4
P
P
C5
C5
C5
Cs
Cs
Dredging & Disposal
as part of
Ecological
A
C
A
A
A
A
A
A
Restoration/
Enhancement
Fill and Excavation
Waterward of OHWM
and in floodways
C
C
C
C
C
C
C
C
Other upland fill
A
C
A
A
A
A
A
A
Industrial Uses
P
p
p
P
, P
A -
P
P
In -water Modifications ._
Breakwater
C
P
P
p
P
C
C
p
Groins and Weirs
C
CU6
C
C
C
C
C
C
In -stream structures'
C
C
C7
C
C
C
C
;Inst'itutonalDses
Water -dependent
C
P
C
C
C
C
A
A
Water -related, Water-
enjoyment
P
P
C
C
A
A
C
C
Non -water -oriented
P
P
P
P
C
C
P
P
�i Y/YYI i' rn"nfii Cla1:.�,., An.�,,.+,.., _.__
Y ore e in as ter Program 37
DRAFT REDLINES FOR REVIEW
'�-14January 2023
Abbreviations
A
A
Water -dependent
MW
A = Allowed with
C
C
C
Soft
Substantial
�
A
A
CU
PZ
Development
A
Water-
Rpm
PW4
Permit; C =
p"
C9
CU
a
,o
Conditional Use;
CU
w 0
PCU
CU
U
P = Prohibited;
C
��
N/A = Not Applicable,�
C
�
A
A
Use/ Modication
�
�
:Z
W
aV
-Recreational Development
A
A
Water -dependent
A
A8
C
C
C
Soft
A
�
A
A
CU
PZ
P0
A
Water-
Rpm
PW4
c
p"
C9
CU
a
.�
c�
0
CU
w 0
PCU
CU
U
.�
P14
C
��
c 3
C
C'
A
A
-Recreational Development
A
A
Water -dependent
A
A8
C
C
C
Soft
A
A
A
A
A
Ar
A
Water-
Replacement10
A
A
A
A
A
A----
related/enjoyment
ransportation .
(trails,
C
C'
A
A
A
A
A
A
accessory buildings)
Railroads
(parallel to OHWM)
C
P
A
Non -water -oriented
P
P
C
C
A
A
Re idential---------
Access Roads
p
p
A
Development
P
P
A
P
A
P
Shoreline.--, abitatand .
Roads perpendicular
Natural Systems
A:
A
A -
A
A
;. A
A
A
EnhancementProjects
A
A
Shoreline'Stabilization and Flood Control
Flood Control
Modification of existing
flood control facilities
(Dams, Dikes and
Levees), including
replacement landward
of existing location
New flood control
facilities (Dams, Dikes
and Levees)
Shoreline Stabilization
New
A I A
C I C9
A
A
A
A
C
C
C
C
A I A
C I C
Hard
C
p
C
C
C
C
C
C
Soft
A
A
A
A
A
A
A
A
Replacement10
A
A
A
A
A
A----
ransportation .
Highways, Arterials,
Railroads
(parallel to OHWM)
C
P
A
A
A
A
A
A
Secondary/Public
Access Roads
p
p
A
A
A
A
A
A
(parallel to OHWM)
Roads perpendicular
to the OHWM
P
C
A
A
A
A
A
A
Grant County Shoreline Master Program 38
DRAFT REDLINES FOR REVIEW
Selzi mem1 1 � %Iber. �n1 "Januar 2023
L N z-1-1
Abbreviations
A = Allowed with
Substantial
"004L
Development >1
Permit' C
- .O
W
,
Conditional Use;
cua,,
tn
P = Prohibited; y W-4
,'
.y
N/A = Not Applicable vNP* ,.� c ,° ,� �
Kim
o
o
Use/ Modification o" c� c ,� =
o
w••i
0 3
Bridges
(perpendicular to C C C C A A
C
C
shoreline)
Existing bridges, trails,
roads, and parking
facilities: A A A A A A
A
A
improvement or
expansion
New Parking,
Accessory Takes permit types of primary use
New Parking, Primary$ P P CC A='=A
Utiti ty
Above -ground and
Underground Utilities
(parallel and across C C A A A A
A
A
shoreline)
1 Construction, practices, and maintenance of facilities necessary for Columbia Basin project operations, ons, andassociatedwaterdependent
uses to access, pump and convey water for project purposesto public agencies or
private water users, and as consistent with permit exemptions described in GCC 24.12.740
2 Subject to provisions under this SMP and regulations under section 24.12.390, Private Moorage g Facilities
3 Allowed as part of mixed use
4Home based businesses are allowed
5 Permitted outside of channel migration zones
6 To protect Columbia Basin Project and irrigation district facilities and infrastructure
Habitat restoration and/or fish habitat enhance purposes only
8 Low intensity only
9 Only when no other alternatives are available and .related to Columbia Basin Project
10 Exempt for protective bulkhead common to single-family residences accordingto GCC 24.12.7
40(d), and when
consistent with GCC 24.12.430 e and
11 Not allowed within 50 feet of edge of riparian vegetation corridor
2 24.12.210 Development Standards
3 (a) To preserve the existing and planned character of the shoreline consistent with the
4 purposes of the shoreline environment designations, development standards are
5 provided in the table below. These standards apply to all use and modification unless
Grant County Shoreline Master Program 39
DRAFT REDLINES FOR REVIEW
r
Znntiomhor.r'�January 2023
1 indicated otherwise. In addition, shoreline developments shall comply with all other
2 dimensional requirements of the Grant County Unified Development Code.
3 (b) When a development or use is proposed that does not comply with the dimensional
4 performance standards of this SMP not otherwise allowed by administrative reduction
5 or administrative modification, such development or use can only be authorized by
6 approval of a Shoreline Variance.
(c) No permit shall be issued for an expanded buil
Y new or p ding or structure of more than
8 35 feet above average grade level on shorelines of the state that will obstruct the view
9 of a substantial number of residences on areas adjoining g such shorelines, except for
10 High Intensity - Public Facility environment designation g on areas, or where the SMP
11 does not prohibit the same and then onlywhen overriding
12 ng considerations of the public
interest will be served.
13 (d) - Shoreline development standards table:
14 Table 24.12.210 (d). Shoreline Development Standards
'.�e&iViW�s
=-A 1J^vx7,d%At-h--
n��tai
eAepAW�
a
+i an a I ,
•"'� y r�
Use/ ,� ,� •"
ModificationU Con
`� o •�1D ° c
Building Height: necessary
Height
maximum in 15 g �
3 5 for primary and 35
feet ancillary facilities
Building Line
Setback in feet NA` 15
5% unless
Impervious otherwise 10% for lots greater than 10% for lots
Surface approved by NA the 5 acres, 15% for lots 5 acres NA greater than
Cover(
o ) or less 5 acres, 15% for
Administrativ lots 5 acres or less
e Official
Manage
Riparian Buffer entire SMP
Width in feet NA area for 754 75 50 25 5
1,2,3 50 75
vegetation
conservation
Trail width in Trails on private properties and not open for public use shall be up to 5 feet et wide or as required
by Americans for -with Disabilities Act (ADA) regulations
1 Measured from the OHWM or top of bank, as applicable
Grant County Shoreline Master Program
40
DRAFT REDLINES FOR REVIEW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Cor -%+g% Yrhar 301 -6l nuary 2023
��� z`7r
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Use/
Modification
2A by stormwater management measures, as applicable
3 In parallel environment designations, the most restrictive buffer requirement a lies
pp
4130 feet for new agricultural development on slopes 15 percent
p p or greater within shoreline jurisdiction
5 75 for area south of Wanapum Dam lower boat launch, where riparian vegetation begins on Columbia olumbia River
24.12.220 Archaeological and Historic Resources
(a) In all developments, whenever an archaeological area or historic site is discovered by
a development in the shoreline area, the developer shall comply with GCC 24.12.5701
Cultural Resource .Areas.
24.12.230 Environmental Protection
(a) All project proposals, including those for which a Shoreline Substantial Development
Permit is not required, shall comply with RCW Chapter 43.21 C, the Washington
State Environmental Policy Act.
(b) Applicants shall apply the following sequence of steps in order of priority to avoid or
minimize significant adverse effects and significant ecological impacts, with 1) being
top priority:
(1) Avoiding the adverse impact altogether by not taking a certain action or parts
of an action;
(2) Minimizing adverse impacts by limiting the degree or magnitude of the action
and its implementation by using appropriate technology or by taking
affirmative steps to avoid or reduce impacts;
(3) Rectifying the adverse impact by repairing, rehabilitating, or restoring the
affected environment to the conditions existing at the time of the initiation of
the project;
(4) Reducing or eliminating the adverse impact over time by preservation and
maintenance operations;
(5) Compensating for the adverse impact by replacing, enhancing, or providing
substitute resources or environments; and
(6) Monitoring the adverse impact and the compensation projects and taking
appropriate corrective measures.
Grant County Shoreline Master Program
41
DRAFT REDLINES FOR REVIEW
cor+emhor �n� "January 2023
! 4
1 (c) Projects that cause significant adverse environmental
• impacts, as defined in WAC
2 197-11-794 and Section 24.12.860 Definitions
3 � ,are not allowed unless mitigated
according to GCC 24.12.23 0 (b), above, to avoid reduction or damage to ecosystem -
4 wide processes and ecological functions. As partanalysis, the applicant shall
5 evaluate whether the project may adversely affect '
6 Y y existing hydrologic connections
between streams and wetlands, and either modifythe ro • ect mitigate
7 as needed.
project or mitigate any impacts
8 (d) When compensatory measures are appropriate pursuant to the mitigation gation priority9 sequence above, preferential
consideration shall beiven to measures
g that replace the
10
adversely impacted functions directly and in the immediate vicinity nity of the adverse
impact. However, alternative compensatorymitigation may be '
12 g y authorized within the
affected drainage area or watershed that addresses limitingfactors tors or identified
13
critical needs for shoreline resource conservation based on watershed shed or resource
management plans, including the Shoreline Restoration Plan applicable t
� pp o the area of
15 adverse impact. Authorization of compensatory mitigation measures may re
16 y quire
appropriate safeguards, terms, or conditions as necessaryto ensure no net loss of
17 ecological functions.
18 24.12.240 Shoreline Vegetation Conservation
19 (a) Vegetation conservation standards shall not apply pp y retroactively to existing uses and
20 developments. Vegetation associated with existing structures, uses and developments
21 may be maintained within shorelinejurisdiction a '
s stipulated in the approval
22 �
documents for the development.
23 (b) Regulations specifying establishment and management g ment of shoreline buffers are
24 located in the GCC 24.12, Article V. Vegetationwithin shoreline buffers, other
25 stream buffers, and wetlands and wetland buffers
shall be managed consistent with
26 the GCC 24.12, Article V.
27 (c) Vegetation outside of shoreline buffers other stream buffers, and wetlands and
28 wetland buffers and within shorelinejurisdiction
� shall be managed according to this
29 GCC 24.12.23 0, Environmental Protection and a '
any other regulations specific to
30 vegetation management contained in other chapters p rs of this SMP.
31 (d) Vegetation clearing outside of wetlands and wetland and stream buffers shall be
32 limited to the minimum necessary accommodate d
�ate approved shoreline development
33
that is consistent with all other provisions of this SMP. Mitigation gation sequencing shall be
34 applied so that the design and location of the structure or development minimizes
35 native vegetation removal.
36 24.12.250 Water Quality, Stormwater, and Nonpoint '
p t Pollution
37 (a) The location, design, construction and management '
� g ent of all shoreline uses and
38 activities shall protect the quality and quantity of surface and groundwater add
acent to
39 the site.
40 (b) When applicable, shoreline development should '
p comply with the requirements of the
41 latest version of the Washington State Department g p nt of Ecology's (Ecology)
42 Stormwater Management Manual for Eastern Washington.
ashington.
Grant County Shoreline Master Program
42
DRAFT REDLINES FOR REVIEW
�� 28-14January 2023
1 (c) Best management practices (BMPs) for control of erosion'
and sedimentation shall be
2 implemented for all shoreline development.
3 (d) Potentially harmful materials, includingbut not limit '
ed to oil, chemicals, teres, or
4 hazardous materials, shall not be allowed to enter any body of water or wetland, or to
5 be discharged onto the land. Potentiallyharmful materials mals shall be maintained in safe
6 and leak -proof containers.
7 (e) Within twenty-five (25) feet of a water body, herbicides, '
. y, des, fungicides, fertilizers, and
S pesticides shall be
p applied- in strict conformance to the manufacture's
9 recommendations and in accordance with relevant state and federal laws. Further,
10 pesticides subject to the final ruling in Washington '
. g g Toxics Coalition, et al., v. EPA
11 shall not be applied within sixtyfeet for oun ' ground applications or within three
12 hundred (300) feet for aerial applications of the subject '
pp b� ect water bodies and shall be
13 applied by a qualified professional in accordance
with state and federal law.
14 (f) New development shall provide stormwater management'
designed,
15 constructed, and maintained in accordance with the
latest version of the Washington
16 State Department of Ecology's(Ecology) Ecoo
( gy) Stormw ater Management Manual for
17 Eastern Washington, includingthe use of BMPs. '
Additionally, new development
18 shall implement low impact development techniques p q s where feasible and necessary to
19 fully implement the core elements of the Surface Water Design Manual.
20 (g) For development activities with theotential for adverse erse impacts on water quality or
21
quantity in a stream or fish and wildlife habitat conservation area a critical
22 re ritical area
port as prescribed in the GCC 24.12, Article V, shall bere ared. Such re
p p ports
23 should discuss the project's potential to exacerbate water quality parameters
24 are impaired q Y p s which
p ed and for which Total Maximum Dail Loads(TMDLs)for t2 Y that pollutant
5 have been established, and prescribe an necessary mitigation '
y y mitigation and monitoring.
26 (h) All materials that may come in contact with water shall be constructed of materials,
27 such as untreated wood, concrete, approved plastic
28 pp , p composites or steel, that will not
adversely affect water quality or aquatic plants or animals. Materials
29 p rials used for decking
or other structural components shall be approved b applicable state p Y pp to agencies for
30
contact with water to avoid discharge of pollutants from wave or boat
31 rain, wake splash,
ain, or runoff. Wood treated with creosote, copper chromium arsenic or
odies.
32 pentachlorophenol is prohibited in shoreline waterb '
33 24.12.260 Public Access
34 (a) Applicants required to provide shorelineublic access ess shall provide physical or visual
35 access, consistent with the County's and other agencies Y g les management plans when
36
applicable, unless specifically exempted in this section. Examples '
p es of physical and
37 visual access are listed below.
38 (1) Visual Access. Visual public access may consist of vi
ew corridors,
39 viewpoints, or other means of visual approach '
pp ach to public waters.
40 (2) Physical Access. Physicalublic access m '
p may consist of a dedication of land or
41
easement and a physical improvement in the form of a walkway,trail
42 bikeway,ark boat '
p or canoe and kayak launching ramp, dock area, view
Grant County Shoreline Master Program
43
DRAFT REDLINES FOR REVIEW
��m e�r' 28-14J a n u a ry 202 3
1 platform, or other area serving as a means of physical approach
2 p Y pp to public
waters.
3 (b) Except as provided in GCC 24.12.260(c)below new us• es shall provide for safe and
4 convenient public access to and along the shoreline where
5 g re any of the following
conditions are present:
6 (1) The development is Y a proposed b public entity •
p p y or on public lands,
7 (2) The nature of the proposed use activity,development or well likely result in
8 an increased demand forublic access to the shoreline;
oreline;
9 (3) The proposed use, activity, or development is no water -oriented Y p t a water oriented or other
10 preferred shoreline use, activity or development
. Y p t under the Act, such as a non -
11 water -oriented commercial or recreational use;
12 (4) The proposed use, activity, or development may '
Y p y block or discourage the use
13 of customary and established public access ath
• p paths, walkways, trails, or
14 corridors;
15 (5) The proposed use, activity, or development will Interfere with the public use,
16 activity and enjoyment of shoreline areas or waterbodies subject to the public
17 trust doctrine;
18 (6) The proposed use, activity, or development
Y p includes key areas for public
19 access recommended in the Grant Count Shoreline •
County line Restoration Plan, or
20 (7) The proposed activity is a publicly financed shoreline ne erosion control measure
21 (when feasible).
22 (c) An applicant shall not be required to provide public
access where one or more of the
23 following conditions apply, provided such exceptions shall all not be used to prevent
implementing mplementing the access and traili
rovisions mentioned
p n the County's and other
25 agencies management plans. In determining the infeasibility,' '
. • , _ g undesirability, or
26 incompatibility of public access in given situation the
• g County shall consider
27 alternative methods of providing public access such as '
. ° g p offsite improvements,
28 viewing platforms, separation of uses through site planning g p nning and design, and
29 restricting hours of public access:
30 (1) Proposed use, activity, or development only involves the construction of four
31 or fewer single-family or multifamilydwellings;
32 (2) Proposed use is agricultural/ranching activities,
33 (3) The nature of the use, activity,development or evepment
or the characteristics of the site
34 make public access requirements inappropriate
due to health, safety (including
35 consistency with Crime Prevention through Environmental g vironmental Design or OPTED
36 principles, where applicable or environmental •
)� hazards, the proponent shall
37 carry the burden of demonstrating by substantial evidence the existence of
38 unavoidable or unmitigable threats or hazards to
public health, safety, or the
39 environment that would be created or exacerbated'
by public access upon the
40 site;
Grant County Shoreline Master Program 44
DRAFT REDLINES FOR REVIEW
m January 2323
1 (4) An existing, new, or expanded road or utility crossing g t hrough shoreline
2
Jurisdiction shall not create the need for public access if the development
3
being accessed or served by the road or utilityis located outside '
4 de o f shoreline
Jurisdiction.
5 (5) Thero osed use activity, p P y, or development has security requirements that are
6 not feasible to address through the application of alternative design features
7 for public access such as offsite improvements, viewing platforms, and
8
separation of uses through site planning and design;
9 (6) The economic cost of providing for public ac '
1 p g p cess upon the site is
0 unreasonably disproportionate to the total long-term p ng term economic value of the
11 proposed use, activity, or development;
Y p
12 (7) Safe and convenientublic access already y e xists in the general vicinity, and/or
13 the County and agencies' Tans show adequate p q ate public access at the property.
14 (8) Public access has reasonableotential to threaten eaten or harm the natural
15
functions and native characteristics of the shoreline and/or is
16 deemed
detrimental to threatened or endangered species under the En
17 p Endangered Species
Act; or
18 (9) The site is within orart of an overall development, pment, a binding site plan, or a
19 planned unit development which hasrevio '
p usly provided public access
20 adequate to serve the project in full build -out •
p J through other application
21 processes.
22 (d) Public access shall be located and e designed to respect pct private property rights, be
23
compatible with the shoreline environment, protect ecological functions
processes, g ns and
24
p sses, protect aesthetic values of shoreline, and provide for'public safety25(including consistency with Crime Prevention through Environmental Design
or26 OPTED principles, where applicable).
27 (e) For any development where public access in not required, shared community access
28 maybe allowed if there is no existing or planned public access along the shoreline
29 identified in the County's and other agencies' plan. Where provided, community
30 access shall be subject to all applicable development standards of this section. Shared
31 community access is not required when any of the conditions under GCC 24.12.260
32 (c) applies.
33 (fl General Performance Standards
34 (1) Uses, activities, and developments shall not interfere with the regular and
35 established public use.
36 (2) Shoreline substantial development or conditional uses shall minimize the
37 impact on views of shoreline waterbodies from public land or substantial
38 numbers of residences.
39 (3) Proponents shall include within their shoreline applications an evaluation of a
40 proposed use, activity, or development's likely adverse impact on current
41 public access and future demands for access to the site. Such evaluation shall
Grant County Shoreline Master Program
45
DRAFT REDLINES FOR REVIEW
Cnr\f-or�1��r �n� n.1anuary2023
1 consider potential alternatives and mitigation measures to further the policies
2 of this SMP and the provisions of this section.
3 (4) Public access easements, trails, walkways, corridors, and other facilities may
4 encroach upon any buffers or setbacks required in GCC 24.12, Article V or
5 under other provisions of this SMP, provided that such encroachment does not
6 conflict with other policies and regulations of this SMP, and that no net loss of
7 ecological function can be achieved. Any encroachment into a buffer or
g setback must be as close to the landward edge of the buffer as possible.
9 (5) Public access facilities shall accommodate persons with disabilities unless
10 determined infeasible by the Shoreline Administrative Official.
11 (g) Trails and Levees
12 (1) Existing improved and primitive public trails shall be maintained and
13 enhanced.
14 (2) Shoreline in private ownership should provide public access when feasible as
15 follows:
16 (A) Easement for public access; and
17 (B) Physical or visual public access when feasible and when part of the
18 access and trail plan is mentioned in the County of other agencies'
19 management plan.
24 (3) Where public access is to be provided by dedication of public access
21 easements along the OHWM, the minimum width of such easements shall be
22 20 feet.
23 (4) The total width of trail, including shoulders, shall be 10 feet maximum, or as
24 required by Americans with Disabilities Act (ADA) regulations.
25 (5) Pervious pavings are encouraged for all trails, and are required for trail
26 shoulders.
27 (6) Trails should make use of an existing constructed grade such as those formed
28 by an abandoned rail grade, road, or utility when feasible.
29 (7) Trails shall be located, constructed, and maintained so as to avoid, to the
30 maximum extent possible, removal and other impacts to perennial native
31 vegetation consistent with a Habitat Management Plan.
32 (8) Trails on private properties and not open for public use shall be up to 5 feet
33 wide or as required by Americans with Disabilities Act (ADA) regulations.
34 (h) Rights -of -Way, Easements, and Streets for Public Access
35 (1) The County shall maintain public rights of ways or easements as a means of
36 retaining public access on the shoreline. Proposed use, activity, or
37 developments shall maintain public access provided by public street ends,
38 public utilities, and rights-of-way.
Grant County Shoreline Master Program 46
DRAFT REDLINES FOR REVIEW
`fit-jr9-14J a n u s ry 2023
1 (2) The public easements required pursuant to this section for
the purpose of
2 providing access across or through the site to g he OHWM, shall be maintained
3 by the property owner torovide for reasonable e and safe public access to the
4 OHWM.
5 (i) Where public access routes terminate connections should be made with the nearest
6 public street unless determined b the Shoreline Administrative
• Y inistrative Official to be
7 infeasible. Public access facilities required for an approved q pp oved or permitted use, activity,
occupancy 8 or development shall be completed prior to
p p y and use of the site or operation
9 of the activity. Public access shall make adequateprovisions,
such as screening,
10 q
buffer strips, fences and signs, to prevent trespass upon adjacent '
11 p p � properties and to
protect the value and enjoyment of adjacent or nearbyprivate properties p p p and natural
12
areas.
1.3 (j) Off-site public access may be permitted b the County '
. p y ty where it results in an equal or
14 greater public benefit than on-site public access or '
• p when on-site limitations of
15 security, environment, compatibility,or feasibility are '
16 y e present. Off-site public access
may include, but is not limited to, adequate access on public lands in proximity
17 site o p p oximity to the
opportunity to increase public lands and access with adjoining proximate
18 public area enhancing g or
p g a County -designated public property (e.g. existingpublic
19 recreation site; existingpublic
p c access; road abutting a body of water; or similar) in
20 accordance with County standards, or other related measures.
21 (k) Signage
22 (1) Signage to be approved b the Administrators '
Y hall be conspicuously installed
23 along public access easements trails walkways,
� ys, corridors, and other
.24 to indicate the public's right of use and the ho '
g urs of operation. Public access
25 and interpretive displays may be provided for '
Y p publicly funded restoration
26 projects where significant ecological impacts g p are addressed. The proponent
27 shall bear the responsibility for establishing and maintaining signs.
28 (2) The Administrator may require the proponentrestricting or
29 controlling the publics access to specific shoreline e11ne areas. The proponent shall
30 bear the responsibility for establishing and maintaining such signage.
31 24.12.270 Flood Hazard Reduction
32 (a) Development in floodplains shall avoid void significantly or cumulatively increasingflood
33 hazards. Developmentconsistent shall be
sistent with this SMP, as well as applicable
34 guidelines of the Federal Emergency Management g A gency and GCC 24.12.560,
35 Frequently Flooded Areas.
36 (b) The channel migration zone (CMZ) is considered to be that area of a stream channel
37 which may erode as a result of normal and naturally occurring processes and has been
38 mapped consistent with WAC 173-26-221(3)(b). A '
Applicants for shoreline
39 development or modification may submit a site-specific '
Y p is channel migration zone study
40 if they believe these conditions do not exist on the su
bj ect property and the map is in
41 error. The CMZ study must be prepared consistent
• p p with WAC 173-26-221(3)(b), and
42 may include, but is not limited to, historic aerialho
p tographs, topographic mapping,
Grant County Shoreline Master Program
47
DRAFT REDLINES FOR REVIEW
1�,or+n knr :)0 "January 2023
1 flooding records, and field verification. The CMZ must be
prepared by a licensed
2 geologist or engineer with at least fiveears of applied y pp ed experience in assessing fluvial
3 geomorphic processes and channel response.
4 (c) The following uses and activities may e bauthorized within the CMZ or floodway..
5 (1) New development or redevelopment landward '
p d of existing legal publicly
6 owned and maintained structures such as levees, that prevent active channel
7 movement and flooding.
8 (2) Development of new or expansion or redevelopment '
9 p opment of existing bridges,
utility lines, public stormwater facilities and outfalls and other utility
10 � public utility
and transportation structures where no other feasible alternative
11 exists or the
alternative would result in unreasonable and disproportionate c
osts. The
12
evaluation of cost differences between options within the CMZ o
p r floodway
13
and outside of the CMZ or floodway shall include the cost of de
constructs sign,
14
permitting, on and long-term maintenance or repair. For the
15 purposes of this section "unreasonable anddisproporti'
onate means that
16 locations outside of the floodwayh'
or channel migration zone would add more
17 than 20% to the totalJ ro'ect cost. Where such uch structures are allowed,
18 mitigation shall address impacted functions
p and processes in the affected
19 shoreline. Where such structures are allowed,
shall address
20 adversely impacted functions andi
rocesses
p n the affected shoreline.
21 (3) New or redeveloped measures to reduce shoreline erosion, provided that it is
22 demonstrated that the erosion rate exceeds that which would normally occur
23 in a natural condition, that the measures don '
of interfere with fluvial
24 hydrological and geo-morphological roces '
25 processes normally acting in natural
conditions, and that the measures include appropriate
mitigation of adverse
26
impacts on ecological functions associated with the river or stream.
27 (4) Actions that protect or restore ecosystem - wide p the ecosystem wide processes or ecological
28 functions or development g
p with a primary purpose of protecting or restoring
29 ecological ,functions and ecosystem. -wide processes
30 (5) Mining when conducted in a manner consistent with GCC 24.12.380, Mining,
31 and the shoreline environment designation.
32 (6) Modifications or additions to an existingnonagricultural nagricultural legal use, provided
33 that channel migration is not further limited and that the modified or expanded
34 development includes appropriate protectionecological functions.
35 (7) Repair and maintenance of existinglegally g y e stablished use and developments,
36 provided thatchannel migration is not further '
�' er limited, flood hazards to other
37 uses are not increased, and significant adverse se ecological impacts are avoided.
38 (8) Existing and ongoing agricultural cultural activities
� provided that no new restrictions
39 to channel movement arero o s ed.
p p
40 (d) Existing structural flood hazard reduction measures, such as levees, may be repaired
41 and maintained as necessary torotect legal uses
p g on the landward side of such
Grant County Shoreline Master Program
48
DRAFT REDLINES FOR REVIEW
sem+eK-1v
m2n� �Januar'y 202
1 structures. Increases in height of an existinglevee, with any associated Increase in
2 width, that may be needed torevent a reduction i
p n the authorized level of protection
3 of existing legal structures and uses shall be considered an element of repair and
4 maintenance.
5 (e) Flood hazard reduction measures shall not result in'
channelization of normal stream
6 flows, interfere with natural hydraulic processes such as channel migration, or
7 undermine existing structures or downstream banks.
g (fl New development and subdivisions. Approve new development or subdivisions when
9 it can be reasonably foreseeable that the development or use would not require
10 structural flood hazard reduction measures within the channel migration zone or
11 floodway during the life of the development or use consistent with the following.
12 (WAC 173-26- 221(3)(c)(i)).
13
14
(1) Floodway: New development and subdivisions shall be subject to applicable
floodway regulations in GCC 24.12.560 and Chapter14.02..
15
(2) Channel Migration Zone:
16
(A) New development in the channel migration zone is allowed subject to:
17
18
(i) Structures are located on an existing legal lot created prior to
the effective date of this program;
19
20
(ii) A feasible alternative location outside of the channel
migration zone is not available on-site; and
21
22
(iii) To the extent feasible, the structure and supporting
23
infrastructure is located the farthest distance from the
24
OHWM, unless the applicant can demonstrate that an
alternative location is the least subject to risk.
25
26
(B) New subdivisions in the channel migration zone maybe allowed
subject to:
27
28
(i) All lots contain five thousand square feet or more of buildable
land outside of the channel migration zone;
29
30
(ii) Access to all lots does not cross the channel migration zone;
and
31 (iii) All infrastructure is located outside the channel migration
32 zone except that an on-site e septic system is allowed in the
channel migration zone if: a feasible alternative location i
34 snot
available on-site, and to the maximum extent practical, the
septic
35
system is located the farthest distance from the OHWM.
36 (g) New public and private structural flood hazard reduction measures shall be approved
37 when a scientific and engineering analysis demonstrates the following:
38 (1) that they are necessary to protect existing development;
Grant County Shoreline Master Program 49
DRAFT REDLINES FOR REVIEW
v te 1 rFlu"e-agiQMtoMk^- r lf)l "January 2023
1 (2) that nonstructural measures, such as setbacks, land use controls, wetland
2
restoration, dike removal, use or structure removal or relocation, biotechnical
3
measures, and stormwater management programs are not feasible;
4 (3) that adverse impacts on ecological p g 1 functions and priority species and habitats
5 can be successful) mitigated so as
Y g to assure no net loss; and
6 (4) that appropriate vegetation conservation actions are undertaken consistent
with GCC 24.12.240, Shoreline Vegetation Conservation.
tion.
8 (h) Flood hazard reduction measures shall be
placed landward of associated wetlands and
9 designated shoreline buffers t for a
10 � , except coons that increase ecological functions,
such as wetland restoration, or when no other alternate '
alternative location to reduce flood
11
hazard to existing development is feasible as determined rmined by the Shoreline
Administrative Official.
13 (i) New public structural flood hazard redu
• coon measures, such as levees, shall dedicate
14 and Improve public access pathways unless '
1 p y ess public access Improvements would cause
5 unavoidable health or safety hazards to the '
1 Y e public, Inherent and unavoidable security
6 problems, unacceptable and unmiti able s' Y
1 g significant adverse ecological impacts,
7 unavoidable conflict with theosero d use
18 p p , or a cost that is disproportionate and
unreasonable to the total long-term cost of the development.
19 •
(�) In those Instances where management of vegetation '
. • g g anon as required by this SMP conflicts
20 � with vegetation provisions Included in state federal or other flood hazard agency
21 documents governing County -authorized,
. Y ,legal flood hazard reduction measures the
22 vegetation requirements of this SMP will '
• not apply. However, the applicant. shall
23 submit documentation of these conflicting
provisions with any shoreline permit
24 applications, and shall comply with all other provisions ons of this section and this SMP
25 that are not strictly prohibited b the approving y pp oving flood hazard agency.
26 (k) The removal of gravel or other riverbed'
material for flood management purposes shall
27 be consistent with the GCC 24.12.340 Dredging edging and Dredge Material Dis osal and
28 GCC 24.12.380, Mining, ane d balio p
wed only after a biological and
29 geomorphological stud shows that extraction coon has along -term benefit to flood hazard
30 reduction, and does not result in a net loss of ecological functions.
31 (1) Roads shall be located outside the flood
way, except necessary crossings which shall
32 be placed perpendicular to the waterbod
y as much as is physically feasible. New
33 transportation facilities shall be designed '
g so that the effective base flood stora e
34 volume of the floodplain is not reduced. T g
The applicant shall provide all necessary
35 studies, reports, and engineering analysis
g g y s which shall be subject to review and
36 modification by Grant Count . If proposed
Y p p d transportation effective) rovide
37 flood control, they shall com 1 with ole ' Y p
p y p cies and regulations of this section.
38
Grant County Shoreline Master Program
50
DRAFT REDLINES FOR REVIEW
cow+or,.,tior �n7 "January 2()23
1 Article IV. Shoreline Modifications and Uses Regulations
2 24.12.300 Agriculture
3 (a) Existing agricultural uses and future agriculture activities as allowed in the
4 Comprehensive Plan shall be allowed.
5 (b) For shorelands used for agricultural practices, new or additional uses, activities, and
6 development that are not existing and ongoing agriculture shall be subject to the
7 following requirements:
g (1) Such uses, activities, and development shall be allowed or permitted in a
9 manner to ensure maintenance of ecological functions.
10 (2) Vegetation enhancement shall be required where the shoreline has been
11 ecologically degraded.
12 (3) If the new use, activity, or development is more intensive than the existing
13 and ongoing agriculture, no significant vegetation removal, development, or
14 grading shall occur in the shoreline buffer except as necessary to
15 accommodate low -intensity water -dependent uses and public access that
16 sustains ecological functions.
17 (4) New agricultural lands created by diking, draining, or filling wetlands or
18 channel migration zones shall not be allowed.
19 (c) A Substantial Development Permit shall be required for all agricultural development
24 not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv).
21 (d) SMP provisions shall apply in the following cases:
22 (1) New agricultural activities on land not meeting the definition of agricultural
23 land;
24 (2) Expansion of agricultural activities on non-agricultural lands;
25 (3) Conversion of agricultural lands to other uses;
26 (4) Other development on agricultural land that does not meet the definition of
27 agricultural activities; and
28 (5) Agricultural development and uses not specifically exempted by the Act.
29 (e) New non-agricultural activities proposed on agricultural lands shall be consistent with
30 the environment designation and the Shoreline Use and Modification Matrix table
31 (GCC 24.12.200 (d)), as well as other applicable shoreline use standards, e.g.,
32 Commercial (GCC 24.12.330) or Residential (GCC 24.12.410).
33 Agricultural uses and development in support of agricultural uses shall be located and
34 designed to assure no net loss of ecological functions and no significant adverse
35 impact on other shoreline resources and values.
36 (g) New feedlots are prohibited in critical area buffers. Feed -dots shall be located in such
37 a manner as to prevent waste runoff from entering water bodies or groundwater.
Grant County Shoreline Master Program
51
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C,pr
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1 (h) Agricultural uses and activities shall prevent and control erosion of soils and bank
2 materials within shoreline areas. They shall minimize siltation, turbidity, pollution
3 and other environmental degradation of watercourses and wetlands.
4 (i) Agricultural chemicals shall be applied in a manner consistent with best management
5 practices for agriculture and Section 25.12.250 (e).
6 (j) New or redeveloped agricultural activities shall provide a buffer of permanent native
7 vegetation between all cropland or pasture areas and adjacent waters or wetlands
g pursuant to the critical areas provisions of this SMP.
9 (k) Agricultural development shall conform to applicable state and federal policies and
10 regulations.
11 24.12.310 Aquaculture
12 (a) Non-commercial aquaculture undertaken for conservation or native species recovery
13 purposes is a preferred use within Grant County's shorelines. Allowed fisheries
14 enhancement uses shall include net pens in existing water bodies, hatcheries, rearing
15 ponds, spawning channels, water diversion structures, and groundwater wells,
16 provided that their construction does not result in a net loss of ecological function.
17 (b) Aquaculture for non-native species or, for commercial or other purposes shall require
18 a Conditional Use Permit.
19 (c) Proponents of an aquaculture use or activity shall supply, at a minimum, the
20 following information in their application for shoreline permit(s):
21 (1) species to be reaped;
22 (2) aquaculture method(s);
23 (3) anticipated use of any feeds, pesticides, herbicides, antibiotics, vaccines,
24 growth stimulants, anti -fouling agents or other chemicals, and their predicted
25 adverse impacts;
26 (4) harvest and processing method and timing;
27 (5) method of waste management and disposal;
28 (6) best available background information and probable adverse impacts on water
29 quality, biota, and any existing shoreline or water uses.
30 (7) method(s) of predator control;
31 (8) a description of the proposed use of lights and noise -generating equipment,
32 and an assessment of adverse impacts upon surrounding uses; and
33 (9) other pertinent information as required by the County.
34 (d) Aquacultural activities shall meet all applicable federal, state, and county standards
35 and regulations.
36 (e) No garbage, wastes, or debris shall be allowed to accumulate upon the site of any
37 aquaculture use or activity, nor discharged to any waterbody regulated by this SMP.
Grant County Shoreline Master Program
52
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-r'+om"er'n1 ^J�nuary 2023
1 No pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti -fouling agents
2 or other chemicals shall be used until approved by all appropriate state and federal
3 agencies. Those agencies shall include, but shall not be limited to, the Washington
4 State Departments of Fish and Wildlife, Agriculture, and Ecology, and the U.S. Food
5 and Drug Administration. Evidence of such approval shall be submitted to the
6 County.
7 (g) Aquaculture structures and equipment that come in contact with the water shall
g contain no substances that are toxic to aquatic life, and aquaculture activities that
9 would degrade water quality shall be prohibited.
10 (h) Aquaculture activities shall be subject to conditioning and requirements for mitigation
11 to ensure that it does not result in a net loss of ecological function.
12 (i) Aquaculture projects shall be located in areas that do not impact navigation, public
13 access, or normal public use of the water.
14 (j) Aquaculture facilities shall be designed to minimize nuisance odors and noise, as well
15 as visual impacts on surrounding shoreline development.
16 24.12.320 Boating Facilities
17 (a) General Requirements.
18 (1) All boating uses, development, and facilities shall protect the rights of
19 navigation.
20 (2) Boating facilities shall be sited and designed to ensure no net loss of shoreline
21 ecological functions, and shall meet DNR requirements and other state
22 guidance if located in or over state-owned aquatic lands.
23 (3) Boating facilities shall locate on stable shorelines in areas where:
24 (A) Such facilities will not adversely affect flood channel capacity or
25 otherwise create a flood hazard;
26 (B) Water depths are adequate to minimize spoil disposal, filling, beach
27 enhancement, and other channel maintenance activities; and
28 (C) Water depths are adequate to prevent the structure from grounding out
29 at the lowest low water or else stoppers are installed to prevent
30 grounding out.
31 (4) Boating facilities shall not be located:
32 (A) Along braided or meandering river channels where the channel is
33 subject to change in alignment;
34 (B) On point bars or other accretion beaches;
35 (C) Where new or maintenance dredging will be required; or
36 (D) Where wave action caused by boating use would increase bank erosion
37 rates, unless "no wake" zones are implemented at the facility.
Grant County Shoreline Master Program 53
DRAFT REDLINES FOR REVIEW
Zn +^ rv, h o r1Z-0-14J a n u a ry 2 02 3
1
(5) Boating uses and facilities shall be located far enough from public swimming
2
beaches, and aquaculture harvest areas to alleviate any aesthetic or adverse
3
impacts, safety concerns, and potential use conflicts.
4
(6) In -water work shall be scheduled to protect biological productivity (including
5
but not limited to fish runs, spawning, and benthic productivity).
6
(7) Accessory uses at boating facilities shall be:
7
(A) Limited to water -oriented uses, including uses that provide physical or
$
visual shoreline access for substantial numbers of the general public;
9
and
10
(B) Located as far landward as possible while still serving their intended
11
purposes.
12
(8) Parking and storage areas shall be landscaped or screened to provide visual
13
and noise buffering between adjacent dissimilar uses or scenic areas.
14
(9) Boating facilities shall locate where access roads are adequate to handle the
15
traffic generated by the facility and shall be designed so that lawfully existing
16
or planned public shoreline access is not unnecessarily blocked, obstructed
17
nor made dangerous.
18
(10) Joint -use moorage with ten (10) or more berths is regulated under this section
19
as a marina (Section C below). Joint -use moorage with fewer than ten (10)
20
berths is regulated under this section as a dock or pier (see Section 24.12.390,
21
Private Moorage Facilities).
22
(11) All marinas and public launch facilities shall provide at least portable
23
24
restroom facilities for boaters' use that are clean, well -lighted, safe and
convenient for public use.
25
(12) Installation of boat waste disposal facilities such as pump -outs and portable
26
dump stations shall be required at all marinas and shall be provided at public
27
boat launches to the extent possible. The locations of such facilities shall be
28
considered on an individual basis in consultation with the Washington
29
Departments of Health, Ecology, Natural Resources, Parks, and WDFW, as
30
necessary.
31
(13) All utilities shall be placed at or below dock levels, or below ground, as
32
appropriate.
33
(14) When appropriate, marinas and boat launch facilities shall install public safety
34
signs, to include the locations of fueling facilities, pump -out facilities, and
35
locations for proper waste disposal.
36
(15) Boating facilities shall be constructed of materials that will not adversely
37
affect water quality or aquatic plants and animals over the long term.
38
Materials used for submerged portions, decking and other components that
39
40
may come in contact with water shall be approved by applicable state agencies
for use in water to avoid discharge of pollutants from wave splash, rain or
Grant County Shoreline Master Program 54
DRAFT REDLINES FOR .REVIEW
%cer.+or"keF-0. 'January 2023
1 runoff. Wood treated with creosote, copper chromium, arsenic,
2 pentachlorophenol or other similarly toxic materials is prohibited for use in
3 moorage facilities.
4 (16) Boating facilities in watersr
p oviding a public drinking water supply shall be
5 i
constructed of untreated mate pp Y
materials , such as untreated wood, approved plastic
7 6 composites, concrete or steel.
(See GCC 24.12.250, Water Quality,Stormwater, and Nonpoint Pollution
S (17) Vessels shall be restricted from '
m extended mooring on waters of the state
9 except as allowed by state regulations; and provided, that a lease or
10 permission is obtained from
the state and impacts to navigation andublic
g
11 access are mitigated. p
12 (b) Boat Launch Facilities.
13 (1) Private boat launch facilitiesdesi'
gned to accommodate the launchin of
14 motorized watercraft are not allowed. g
15 (2) Public boat launch facilities
may be allowed in areas where no launching
16 opportunities exist within close proximity of a site (within less than 3 miles
17 distance by road on a water body).
18 (3) Boatlaunch and haul -out facilities, ities, such as ramps, marine travel lifts and
19 marine railways, and minora '
Y 9 accessory buildings shall be designed and
20 constructed in a manner that minimizes adverse impacts on fluvial processes
21 aquatic a biological functions a '
q and riparian habitats, water qualit , navigation
22 and neighboringuses. Y g
23
24
(4)
Boat launch facilities shall be designed and constructed using
25
methods/technology that have been recognized and approved by state and
federal resource agencies as the best
currently available.
26
(c) Marinas
27
(1)
Marinas shall be designed to:
28
(A) Provide flushing of all enclosed water areas;
29
(B) Allow the free movement of aquatic life in shallow water areas; and
30
31
(C) Avoid and minimize any interference with geohydraulic processes and
disruption of existing shore forms.
32
33
(2)
Open pile or floating breakwater designs shall be used unless it can be
34
demonstrated that riprap or other solid construction would not result in any
35
greater net impacts to shoreline ecological functions, processes, fish passage,
or shore features.
36
37
(3)
Wet -moorage marinas shall locate a safe distance from domestic sewage or
industrial waste outfalls.
38
39
(4)
To the maximum extent possible, marinas and accessory uses shall share
parking facilities.
Grant County Shoreline Master Program
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1 (5) New marina development shall provide public
2 p p c access amenities, such as
viewpoints, interpretive displays, and public access to accessorywater-
3
enjoyment uses such as restaurants.
4 (6) If a marina is to include as and oil handling '
g g such facilities shall be
5 separate from main centers of activityin order '
6 to minimize the fire and water
pollution hazard, and to facilitate fire and pollution control. Ma
7 p Marinas shall
have adequate facilities and procedures for fuel handlingand
S storage, and the
containment, recovery, and mitigation of spilledetroleum sewage,
ote p � ge, and other
9
potentially harmful or hazardous materials, and toxicp roducts.
10 (7) The marina operator shall be responsible for
p the collection and dumping of
11 sewage, solid waste, andp etroleum waste.
12 24.12.330 Commercial Development
13 (a) Water -dependent commercial development velopment shall be given priority over non -water -
14 dependent commercial uses within shoreline environments. Secondarily, water -
15 related and water -oriented uses shall beiven priority ty over non -water -oriented
16 g
commercial uses.
17 (b) Non -water -oriented commercial uses shall be allowed if they can demonstrate at least
18 one or more of the following:
g
19 (1) The commercial use is art of a mixed-use '
p project that includes water -
20 dependent uses and provides a significant u '
g public benefit with respect to the
21 objectives of the Act.
22
23
(2)
Navigability is severely limited at the proposed site, including opportunities
for kayaking or other water -oriented uses.
24
(3)
The commercial use is physically separated from the shoreline by another
25
property, public right-of-way, or levee.
26
(4)
The commercial use is farther upland than 200 feet from the OHWM;
27
therefore, awater-oriented use is not a viable option.
28
29
(c) Non -water -oriented uses, including but not limited to residential uses, may be located
with
water -oriented commercial uses provided:
30
(1)
The mixed-use project includes one or more water -dependent uses.
31
32
(2)
Water -dependent commercial uses as well as other water -oriented commercial
uses have preferential locations along the shoreline.
33
(3)
The underlying zoning district permits residential uses together with
34
commercial uses.
35
36
(4)
Public access is provided and/or ecological restoration is provided as a public
benefit.
Grant County Shoreline Master Program 56
DRAFT REDLINES FOR REVIEW
S.l�.rn,.-rw,r hor 7n� "January �2023
1 (d) Review Criteria: The County shall utilize the following information in its review of
2 all commercial development applications:
3 (1) Whether there is awater-oriented aspect of the proposed commercial use or
4 activity when itis located within 200 feet of the OHWM;
5 (2) Whether the proposed commercial use is consistent with the Shoreline Use
I 6 and Modification Matrix -(GCC 24.12.200 (d));
7 (3) Whether the application has the ability to enhance compatibility with the
g shoreline environment and adjacent uses;
9 (4) Whether adequate provisions are made for public and private visual and
10 physical shoreline access;
11 (5) Whether the application makes adequate provisions to prevent adverse
12 environmental impacts and provide for shoreline ecological or critical area
13 mitigation, where appropriate.
14 (e) Commercial development shall be designed and maintained in a manner compatible
15 with the character and features of surrounding areas. Developments are encouraged to
16 incorporate low impact development techniques into new and existing projects and
17 integrate architectural and landscape elements that recognize the river and lake
18 environments. The County may prescribe and modify project dimensions, screening
19 standards, setbacks, or operation intensities to achieve this purpose.
20 (f) Eating and drinking facilities and lodging facilities shall be oriented to provide views
21 to the waterfront when such view is available from the site.
22 (g) Commercial uses shall provide for public access as a condition of approval, unless
23 such public access is demonstrated by the proponent to be infeasible or inappropriate
24 for the shoreline pursuant to GCC 24.12.260, Public Access.
25 (h) Commercial uses shall provide for suitable measures to rehabilitate and enhance the
26 shoreline ecology as a condition of approval.
27 (i) Non -water -oriented commercial uses shall not be allowed over water in any shoreline
2$ environment.
29 (j) All commercial loading and service areas shall be located upland or away from the
30 shoreline. Provisions shall be made to screen such areas with walls, fences, and
31 landscaping and to minimize aesthetic impacts.
32 (k) The storage of potentially hazardous or dangerous substances or wastes is prohibited
33 in the floodway or within 200 feet of the OHWM, whichever boundary extends
34 farthest landward.
35 (1) Development shall be located, designed, and constructed in a manner that assures no
36 net loss of shoreline ecological functions and without significant adverse impacts on
37 other preferred land uses and public access features.
Grant County Shoreline Master Program 57
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li e v 1, e x v a � e o 2 Q I.-F.J'anuary 202
1 24.12.340 Dredging and Dredge Material Disposal
2 (a) Dredging.
3 (1) New dredging shall be permitted only where itis demonstrated that the
4 proposed water dependent or water -related uses will not result in significant or
5 ongoing adverse impacts to water quality, fish and wildlife habitat
6 conservation areas and other critical areas, flood holding capacity, natural
7 drainage and water circulation patterns, significant plant communities, prime
$ agricultural land, and public access to shorelines, unless one or more of these
9 impacts cannot be avoided. When such impacts are unavoidable, they shall be
10 minimized and mitigated such that they result in no net loss of shoreline
11 ecological functions.
12 (2) Dredging and dredge disposal shall be prohibited on or in archaeological sites
13 that are listed on the National Register of Historic Places and the Washington
14 Heritage Register until such time that they have been reviewed and approved
15 by the appropriate agency_
16 (3) Dredging techniques that cause minimum dispersal and broadcast of bottom
17 material shall be used, and only the amount of dredging necessary shall be
18 permitted.
19 (4) Dredging shall be permitted only:
20 (A) For navigation or navigational access;
21 (B) In conjunction with awater-dependent use of water bodies or adjacent
22 shorelands;
23 (C) As part of an approved habitat improvement project;
24 (D) To improve water flow or water quality, provided that all dredged
25 material shall be contained and managed so as to prevent it from re -
26 entering the water; or
27 (E) In conjunction with a bridge, navigational structure or wastewater
28 treatment facility for which there is a documented public need and
29 where other feasible sites or routes do not exist.
30 ` (5) Dredging for fill is prohibited except where the material is necessary for
31 restoration of shoreline ecological functions.
32 (b) Dredge Material Disposal
33 (1) Upland dredge material disposal within shoreline jurisdiction is discouraged.
34 In the limited circumstances when it is allowed, it will be permitted under the
35 following conditions:
36 (A) Shoreline ecological functions and processes will be preserved,
37 restored or enhanced, including protection of surface and groundwater;
38 and
Grant County Shoreline Master Program 58
DRAFT REDLINES FOR REVIEW
!�iomtizm"a~01,4lanuary 2023
1
2
3
rd
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 (c)
37
38
39
(B) Erosion, sedimentation, floodwaters or runoff will not increase adverse
impacts on shoreline ecological functions and processes or property;
and
(C) The site will ultimately be suitable for a use allowed by this SMP.
(2) Dredge material disposal shall not occur in wetlands nor within a stream's
channel migration zone, except as authorized by Conditional Use Permit as
part of a shoreline restoration project.
(3) Dredge material disposal within areas assigned an Aquatic environment
designation may be approved only when authorized by applicable agencies,
which may include the U.S. Army Corps of Engineers pursuant to Section 404
(Clean Water Act) permits, Washington State Department of Fish and
Wildlife Hydraulic Project Approval (HPA), and/or the Dredged Material
Management Program of the Washington Department of Natural Resources;
and when one of the following conditions apply:
(A) Land disposal is infeasible, less consistent with this SMP, or
prohibited by law; or
(B) Disposal as part of a program to restore or enhance shoreline
ecological functions and processes is not feasible.
(4) Dredge materials approved for disposal within areas assigned an Aquatic
environment designation shall comply with the following conditions:
(A) Aquatic habitat will be protected, restored, or enhanced;
(B) Adverse effects on water quality or biologic resources from
contaminated materials will be mitigated;
(C) Shifting and dispersal of dredge material will be minimal; and
(D) Water quality will not be adversely affected.
(5) When required by the county's Shoreline Administrative Official,
revegetation of land disposal sites shall occur as soon as feasible in order to
retard wind and water erosion and to restore the wildlife habitat value of the
site. Native species shall be used in the revegetation.
(6) Dredge material disposal operating periods and hours shall be limited to those
stipulated by the Washington Department of Fish and Wildlife and hours to
7:00 AM to 5:00 PM Monday through Friday, except in time of emergency as
authorized by the Shoreline Administrative Official. Provisions for buffers at
land disposal or transfer sites in order to protect public safety and other lawful
interests and to avoid adverse impacts shall be required.
Submittal Requirements: The following information shall be required for all dredging
applications:
(1) A description of the purpose of the proposed dredging and analysis of
compliance with the policies and regulations of this SMP.
Grant County Shoreline Master Program 59
DRAFT REDLINES FOR REVIEW
Conterr►hor�nI nJanuary 2023
1
(2) A detailed description of the existing physical character, shoreline
2
3
geomorphology, and biological resources provided by the area proposed to be
dredged, including:
4
5
(A) A site plan map outlining the perimeter of the proposed dredge area.
6
The map must also include the existing bathymetry (water depths that
7
indicate the topography of areas below the OHWM) and have data
points at a minimum of 2 -foot depth increments.
g
(i) Acritical areas report.
9
10
(ii) A mitigation plan if necessary to address any identified
adverse impacts on ecological functions or processes.
11
12
(iii) Information on stability of areas adjacent to proposed
35
dredging and spoils disposal areas.
13
14
(B) A detailed description of the physical, chemical and biological
37
characteristics of the dredge materials to be removed, including:
15
(i) Physical analysis of material to be dredged (material
16
17
composition and amount, grain size, organic materials present,
source of material, etc.).
18
19
(ii) Chemical analysis of material to be dredged (volatile solids,
20
chemical oxygen demand (COD), grease and oil content,
mercury, lead and zinc content, etc.).
21
(iii) Biological analysis of material to be dredged.
22
23
(C) A description of the method of materials removal, including facilities
for settlement and movement.
24
25
(D) Dredging procedure, including the length of time it will take to
26
complete dredging, method of dredging, and amount of materials
removed.
27
(E) Frequency and quantity of project maintenance dredging.
28
29
(F) Detailed plans for dredge spoil disposal, including specific land
30
disposal sites and relevant information on the disposal site, including,
but not limited to:
31
(i) Dredge material disposal area;
32
33
(ii) Physical characteristics including location, topography,
existing drainage patterns, surface and ground water;
34
(iii) Size and capacity of disposal site;
35
(iv) Means of transportation to the disposal site;
36
(v) Proposed dewatering and stabilization of dredged material;
37
(vi) Methods of controlling erosion and sedimentation; and
Grant County Shoreline Master Program 60
DRAFT REDLINES FOR REVIEW
ceh+e hor nJ
Serltevvxftoev20--J 2023
1 (vii) Future use of the site and conformance with land use policies
2 and regulations.
3 (viii) Total estimated initial dredge volume.
4 (ix) Plan for disposal of maintenance spoils for at least a 20 -year
5 period, if applicable.
6 (x) Hydraulic modeling studies sufficient to identify existing
7 geohydraulic patterns and probable effects of dredging.
8 24.12.350 Fill and Excavation
9 (a) Fill waterward of the OHWM, except fill to support ecological restoration, requires a
10 Conditional Use Permit and may be permitted only when:
11 (1) In conjunction with water -dependent or public access uses allowed by this
12 SMP;
13 (2) In conjunction with a -bridge or transportation facility of statewide significance
14 for which there is a demonstrated public need and where no feasible upland
15 sites, design solutions, or routes exist;
16 (3) In conjunction with implementation of an interagency environmental clean-up
17 plan to clean up and dispose of contaminated sediments;
18 (4) Disposal of dredged material considered suitable under, and conducted in
19 accordance with the Washington State Dredged Material Management
20 Program of the Washington Department of Natural Resources; or
21 (5) In conjunction with any other environmental restoration or enhancement
22 project.
23 (b) Waterward of the OHWM, pile or pier supports shall be utilized whenever feasible in
24 preference to fills. Fills for approved road development in floodways or wetlands
25 shall be permitted only if pile or pier supports are proven not feasible.
26 (c) Fill upland and waterward of the OHWM, including in non -watered side channels,
27 shall be permitted only where itis demonstrated that the proposed action will not:
28 (1) Result in significant ecological damage to water quality, fish, and/or wildlife
29 habitat;
30 (2) Adversely alter natural drainage and circulation patterns, currents, river flows
31 or significantly reduce flood water capacities;
32 (3) Alter channel migration, geomorphic, or hydrologic processes; and
33 (4) Significantly reduce public access to the shoreline or significantly interfere
34 with shoreline recreational uses.
35 (d) Fills are prohibited in the floodway, except when approved by Conditional Use
36 Permit and where required in conjunction with uses allowed by this SMP.
37 (e) Fills are allowed in floodplains outside of the floodway only where they would not
38 alter the hydrologic characteristics, flood storage capacity, or inhibit channel
Grant County Shoreline Master Program 61
DRAFT REDLINES FOR REVIEW
Sora+o m h o r 301 /i
January 2023
1 migration that would, in turn, increase flood hazard or other
damage to life or
2 property and are consistent with FEMA standards and GCC 24.12.270 and GCC
3 24.12.560.
4 (f) Fill shall be of the minimum amount and extent necessary to accomplish the purpose
5 of the fill.
6 (g) Excavation waterward of the OHWM or within wetlands shall be considered dredging
7 for purposes of this Program.
8 (h) Fills or excavation shall not be located where shore' ' '
stabilization will be necessary to
9 protect materials placed or removed. Disturbed areas shall be immediately stabilized
10 and revegetated, as applicable.
11 (i) Fills, beach nourishment, and excavation shall be
designed to blend physically and
12 visually with existing topography whenever possible, so as not to Interfere with long
13 term appropriate use including lawful access and enjoyment oyment of scenery.
14 24.12.360 Groins and Weirs
5 (a) Breakwaters shall be allowed in Recreation and High Intensity —
Public Faculty
16 environments with a Conditional Use Permit.
17 (b) New, expanded or replacementroins and weirs shall '
g all only be permitted if the
18 applicant demonstrates that the proposed groin or '
1 p p g weer well not result in a net loss of
9 shoreline ecological functions, and the structure is n water -
dependent
for water dependent
20 uses, public access, shoreline stabilization or other'
specific public purposes.
21 (c) Groins and weirs shall require a Conditional Use Permit, except when such structures
22 are installed to protect or restore ecological functions,
2 g ns, such as installation of groins
3 that may eliminate or minimize the need for hard shorelinestabilization.
stabilization.
24 (d) Groins and weirs shall be located designed, constructed, rutted, and operated consistent with
25 mitigation sequencing principles, including avoiding critical cal areas, as provided in
26 GCC 24.12.23 0 and Article V, GCC 24.12.500 through 24.12.570.
27 24.12.370 In -Stream Structures
28 (a) In -stream structures are those structureslaced b
p y humans within a stream or river
29 waterward of the OHWM that either cause or have
the potential to cause water
30 impoundment or the diversion, obstruction or modification of water flow. In -stream
31 structures may include those for hydroelectric en '
32 y generation, irrigation, water supply,
flood control, transportation, utility service transmission structures'
33 int primarily
ended for fisheries management, or other purposes. Docks ie
34 «• p � , piers, and marinas are
not regulated as in -stream structures" under this section of the SMP. . See the
35
Transportation: Trails, Roads, and Parkin section and the Utilities '
36 g es section of this
SMP for regulations governing road and utilitycrossings of streams.
g ams.
Grant County Shoreline Master Program 62
DRAFT REDLINES FOR REVIEW
I (b) General
2 (1) The location, planning and design of in -stream g g tream structures shall be compatible
3
with the following:
4 (A) the full range ofublic interests, ,including Columbia Basin Project
5 and irrigation districts operations,
6 maintenance and facility upgrade
activities; demand for public access to shoreline waters; desire for
7 protection from floods • and need f historical
8 or preservation of historical and
cultural resources;
9 (B) protection and reservation of ec - '
10 p osystem wide processes and
ecological functions, including,but not limited '
11 d to, fish and wildlife,
with special emphasis on protecting and restoring priority
12 g p y habitats and
species, and water resources and hydro geological processes, within
13 the context P n
of the hydrology and water management effects of the
14 Columbia Basin Project and irrigation gation districts operations, as
applicable.
16 (2) Structures shall be designed, located and nd constructed consistent with
17 mitigation sequencingprinciples in the
18 p p Environmental Protection and Critical
Areas Sections of this SMP, and as otherwise limited b floodplain
dplain
19
regulations found in the Flood Hazard Reduction and Floodplain
20 p in Management
sections of this SMP.
21 (3) Structures shall be designed and located t '
g o minimize removal of riparian
22
vegetation and, if applicable, to return flow to the stream in short rt a distance
3 as
as possible.
24 (4) In -stream structures shallrovide for ad
25 p equate upstream and downstream
migration of resident fish, as applicable, and shall not adversely ely affect
salmonid fish species or adversely modify salmonid fish habitat, as applicable.
27 (5) Utilities and transmission lines shall be located so as to minimize obstruction
28 or degradation of views, and comply with applicable provisions ons of the Utilities
29 section of this SMP.
30 (6) Mitigation shall be required of the proponent
3 q p p nent for the loss of ecological
1 functions and processesursuant to Environmental
3 p Protection and Critical
2
Areas Sections of this SMP. No net loss in function value
3 3 , or acreage shall
occur from such development.
34 (c) Submittal Requirements: In addition to the standard requirements listed in GCC
35 24.12.730, Application Requirements, all permit applications for in -stream structures
36 shall contain, at a minimum, the following additional information.
37 (1) A site suitability analysis, which provides sufficient justifi*cation for the
38 proposed site. The analysis must full a '
Y y address alternative sites for the
39 proposed development.
40 (2) Proposed location and design of rima
g primary and accessory structures,
41 transmission equipment utilitycorridors, s, and access/service roads.
Grant County Shoreline Master Program
63
DRAFT REDLINES FOR REVIEW
�ce�-4J a n u a ry 2023
1 (3) A plan that describes the extent and location of vegetation which is proposed
2
to be removed to accommodate the proposed facility, an '
3 p p y, d any site revegetation
plan required by this SMP.
4 (4) A hydraulic analysisarere d b licensed
5 p p y a professional engineer that
sufficiently describes the project's effects on stream way •
6 y hydraulics, including
potential increases in base flood elevation,, changes in stream
7 g velocity, and the
potential for redirection of the normal flow of the affected stream.
8 (5) A hydrologic analysis that analyzes t
Y y he project's effects on ecological
9 processes, includingdelivery and rate '
ry of water and sediment, geomorpholo
10 and recruitment of organic material. gY'
11 (6) Biological resource inventoryand a '
analysis that sufficiently describes the
12 projects effects on fish and wildlife
resources, prepared by a qualified
13 professional as defined in the Critic '
Critical Areas section of this SMP.
14 (7) Provision for erosion control, , protection of water quality, and protection of
fish and wildlife resources during construction.
16 (8) Long-term management laps that de
° p scribe, in sufficient detail, provisions for
17 protection of in -stream resources during construction and operation. The plan
18 shall include means for monitoring its success.
19 24.12.380 Mining
20 (a) Mining shall be prohibited waterward of the
OHWM.
21 (b) Mining facilities shall be located within shoreline line Jurisdiction only when no feasible
22 sites are available outside shoreline'urisdicti
23 J on, and only after the applicant has
demonstrated compliance with the mitigation sequencing g q g requirements of GCC
24
24.12.23O, Environmental Protection.
25 (c) Mining in shoreline jurisdiction shall onlyb e
approved when the material proposed to
26 be extracted is only available in a shoreline location. This determination shall be
27 based on an evaluation ofeolo is factors
g g such as the distribution and jurisdiction; availabilit of
28 mineral resources for that then Y
need for such mineral resources; and
29 economic, transportation, and land use factor '
s. This demonstration may rely on
30 analysis or studies prepared foroses u of
31 p � comprehensive plan designations, and
may be integrated with any relevant environmental review c
3 2 conducted under S EPA
(Chapter 43.21 C RCW), or otherwise be shown in a ma '
neer consistent with RCW
33
90.5 8.100(1) and WAC 173 -26-201(2)(a), as amended.
34 (d) Mining facilities and associated activities shall'
be designed and located to prevent
35 loss of ecological function. Application for
3 6 pp permits for mining operations shall be
accompanied by operation plans, reclamationlans and analysis p � y of environmental
37 impacts sufficient to make a determination as to whether theJ ro' '
p ect will result in net
38 loss of shoreline ecological functions androcesses during '
p g the course o f mining and
39
after reclamation. Creation, restoration, or enhancement
40 of habitat for priority species
and the future productivity of the site may be considered ' '
41 Y in determining no net loss of
ecological functions.
Grant County Shoreline Master Program
64
DRAFT REDLINES FOR REVIEW
s ,T,hQr 7nJ "January 2023
1 (e) Preference shall be given to mining uses that result in the creation, restoration, or
2 enhancement of habitat for priority species.
3 (f) Mining proposals must be coordinated and compliant with state Surface Mining
4 Reclamation Act requirements (Chapter 78.44 RCW, Chapter 332-18 WAC).
5 24.12.390 Private Moorage Facilities
6 (a) The purpose of this section is to provide regulations for the location and design of
7 private docks, watercraft lifts, swim floats, buoys, and moorage piles serving four or
$ fewer residential dwellings. Docks serving more than four residential units shall be
9 regulated under "boating facilities" (GCC 24.12.320). Dock is a general term for the
10 structure or group of structures that provides boat moorage or other uses. A dock may
11 be made up of piers (which are structures on fixed piles) and floats (which float on
12 the water's surface and are typically attached to piles so that they may rise and fall
13 with changes in the water's elevation). Swim floats are addressed in GCC 24.12.390
14 (h) below.
15 (b) All moorage facilities that extend onto State-owned aquatic q c lands must also comply
16 with Washington Department of Natural Resources' standards'
and regulations.
17 (c) Docks, boatlifts, swim floats, buoys, watercraft lifts and moorage oorage piles shall only be
18 approved as an accessory to an existingr
principle p permitted d and established use or
19 may be permitted concurrently with arinci le use.
p p
20 (d) Location standards. Docks, swim floats buoys, watercraft '
y , ft 11fts, and moorage piles
21 shall be located according to the following criteria:
22 (1) Docks, swim floats, buoys, watercraft lifts and moo '
rage piles shall be sited to
23 avoid adversely impacting shoreline ecological functions tions or processes.
24 (2) Docks,swim floats, buoys, watercraft lifts and moorage piles shall be spaced
25 and oriented in a manner that minimizes hazards and obstructions to public
26 navigation rights and corolla ri hts thereto such a rY g s, but not limited to,
27 fishing, swimming and pleasure boating. The length g g h of piers and docks shall
28 be limited in constricted water bodies to assure navigability '
ty and public use.
29 The County may require reconfiguration of piers � p and docks proposals where
30 necessary to protect navigation,ublic use or ecological p gical functions.
31 (3) Covered docks or other covered structures are not'
permitted waterward of the
32 OHWM.
33 (e) General design standards. Docks, swim floats buoys, watercraft y , lifts, and moorage
34 piles shall be designed according to the followingcriteria:
35 (1) If moorage is to be provided or planned as art of a '
3 p p new residential
6 development of two or more waterfront dwellingunits its or lots or as part of a
37 subdivision or other divisions of land occurring after the effective date of this
Grant County Shoreline Master Program 65
DRAFT REDLINES FOR REVIEW
ce"+ew,tior �n� January 2023
1
2
SMP, joint use or community dock facilities shall be required when feasible,
3
rather than allow individual docks for each residence. A joint use dock shall
not be required for:
4
(A) Single residential development.
5
(B) Existing single residential units that currently do not have a dock.
6
(C) Replacement of existing single residential docks.
7
(2) In order to evaluate the feasibility of a joint community dock in a new
g
9
residential development of two or more waterfront dwelling units, the
applicant/proponent shall demonstrate the following:
10
(A) Existing facilities in the vicinity, including marinas and shared
11
moorage, are not adequate or feasible for use; and
12
13
(B) The applicant/proponent has contacted abutting property owners and
14
none have indicated a willingness to share an existing dock or develop
a shared moorage in conjunction with the applicant/proponent.
15
16
(3) If allowed, only one private dock shall be permitted on a shoreline residential
lot.
17
(4) Any adverse impacts of the proposed dock shall be adequately mitigated.
18
(5) For joint use or community docks, the following conditions apply:
19
20
(A) New residential developments, including division of land, shall contain
21
a restriction on the face of the plat prohibiting individual docks and
22
identifying locations for joint -use or community dock facilities.
23
However, asingle-use dock may be authorized if the applicant can
24
demonstrate that all other reasonable community or joint -use options
have been investigated and found infeasible.
25 (B) A site for shared a moorage atjoint-usen
g dock should be owned in
26 undivided interest b property Y p p Y owners or managed by a homeowner's
27
association as a common easement within the residential development.
28 (C) If moorage joint -use dock isrovided
p ,the applicant shall file at the
29 time of buildingermit submittal for the e dock a legally enforceable
30 joint use agreement or other legal instrument rument that, at a minimum,
31 addresses the following:
g
32
(i) Provisions for maintenance and operation;
33 (ii) Easements or tractjoint-uses for access; and
34 (iii) Provisions forjoint use for all '
benefiting parties.
35 (D) All over- and in -water structures shall
be constructed and maintained
36 in a safe and sound condition. Abandoned or unsafe structures or
37 materials,
including treated wood, pili
ngs, derelict structures, vessels
38 buoys, and equipment, shall be repaired ,
promptly by the owner or
39 removed after obtaining any necessary permits.
Grant County Shoreline Master Program
66
DRAFT REDLINES FOR REVIEW
�8--4.lanuary 2023
1 (E) Lighting is prohibited unless required by a federal or state agency for
2 navigation or safety purposes. In instances where lighting is required
3 for these purposes, illumination levels shall be the minimum necessary
4 for safety. (WAC 173-26-321(2)(b, d))
5 (F) Temporary moorages shall be allowed for vessels used in the
6 construction of shoreline facilities. The design and construction of
7 temporary moorages shall be such that upon termination of the project,
g the aquatic habitat in the affected area can be returned to its original
9 (pre -construction) condition within one year at no cost to the
10 environment or the public.
11 (G) No skirting is allowed on any structure. (WAC 173-26-321(2)(b, d)).
12 (H) If a dock is provided with a safety railing, such railing shall meet
13 International Building Code requirements and shall be an open
14 framework, following appropriate safety standards, that does not
15 unreasonably interfere with shoreline views of adjoining properties.
16 (I) Moorage facilities shall be marked with reflectors, or otherwise
17 identified to prevent unnecessarily hazardous conditions for water
18 surface users during the day or night. Exterior finish of all structures
19 shall be generally non -reflective.
20 (J) Private moorage for float planes may be permitted accessory to
21 existing or concurrently proposed moorage where construction and
22 operation would not adversely affect shoreline functions or processes,
23 including wildlife use, or interfere with navigation.
24 (f) Dock dimensional and materials standards. The following dimensional standards shall
25 apply to all new docks serving four or fewer residential dwellings. Deviations from
26 the dimensional standards must be approved through a Shoreline Variance.
27 (1) Width.
28 (A) Piers and floats shall not exceed 8 feet in width. Ramps shall not
29 exceed 4 feet in width.
30 (B) Dock finger extensions shall not exceed 2 feet in width.
31 (2) Length.
32 (A) The length of the dock shall not exceed the length necessary in order
33 for the end of the dock to reach a minimum water depth of 4 feet
34 measured at ordinary high water.
35 (3) Area.
36 (A) The area of new docks shall be limited by the maximum width and
37 length allowed in 1) and 2) above. Only one float is allowed per
38 single -use dock. A maximum of two floats is allowed for joint -use
39 docks.
Grant County Shoreline Master Program 67
DRAFT REDLINES FOR REVIEW
��B�Ja n ua ry 2423
1
2
(B) 320 square feet for single use docks, excluding the ramp and all
associated appurtenances.
3
4
(C) 450 square feet for joint use docks, excluding the ramp and all
associated appurtenances.
5
6
(4) Height. The bottom of any piers or the landward edge of any ramp must be at
least 1 foot above the OHWM. The freeboard height on all floats must be at
7
least 10 inches.
g
(A) Dock Support Piles.
9
10
(i) Piling shall be structurally sound and cured prior to placement
in the water.
11
(ii) Pilings shall not be treated with pentachlorophenol, creosote,
12
13
copper naphthalene, chromate copper arsenate, or comparably
toxic compounds.
14
(iii) Pilings shall not extend beyond the end of the dock.
15
(iv) Pilings shall not exceed 4 inches in diameter. If a piling is
16
17
encased in a sleeve, the piling plus sleeve diameter shall not
18
exceed 5 inches. Piles up to 8 inches in diameter maybe
19
approved by the Shoreline Administrative Official without a
Shoreline Variance if the designing engineer documents need
20
for larger piles for safety or structural reasons.
21
(v) Pilings or piling sleeves shall be white in color.
22
(B) Dock and Watercraft Lift Spacing.
23
(i) Private docks and watercraft lifts shall be spaced a minimum
24
of 10 feet from the side property lines for individual
25
26
properties. Joint -use structures may abut or overlap property
27
lines provided the adjacent property owners have mutually
28
agreed to the structure location, and the agreement is recorded
through contract or covenant is recorded with the County
29
Auditor's Office.
30 (ii) For those new docks located adjacent to larger existing
31 overwater structures, such as marinas or community docks,
32 the responsible local government may require a greater
33 separation between moorage structures to reduce potential
34 navigation and use conflicts.
35 (iii) No new structure maybe installed within 100 feet of the outlet
36 of any river or stream.
37 (C) Decking/Materials -Columbia River, Rocky Ford Creek, Lower Crab
38 Creek and Sand Hollow Creek areas with access to the Columbia
39 River/ESA Listed Salmonids
Grant County Shoreline Master Program 68
DRAFT REDLINES FOR REVIEW
";WF � _ a M"�2 Fftf " • 'zJanuaV 2023
1 (i) Grating or clear translucent material real shall cover the entire
2 surface area of theier, ram and
p p, /or float. The open area of
3 grating shall be at least 60% and'
clear translucent materials
4 shall haveeater than 90% light �' g t transmittance as ratedby the
5 manufacturer.
6 (ii) Float materials contacting the water shall be white in color.
7 (iii) Flotation materials shall be permanently encapsulated.
g (D) Decking Materials -All Other Water Bodies
9 (i) Use of materials specified for marine use is required.
10 (ii) Flotation materials shall be permanently encapsulated.
11 (g) Mooring Buoys.
12 (1) Each waterfront single-family residence or parcel maybe allowed one
13 moorage buoy.
14 (2) Mooring buoys shall be placed at a distance specified by State and Federal
15 agencies with authority to avoid nearshore habitat and to minimize obstruction
16 to navigation. However, buoys shall not extend farther waterward of the
17 OHWM than 300 feet or one-third of the width of the waterbody, whichever is
18 less, and no closer than 50 feet, and shall be anchored at least 25 feet from
19 side property lines or at the center of a parcel when the lot is less than 50 feet
20 wide. Private buoys shall not be placed within 100 feet of a public facility or
21 park, and shall not interfere with access to private or public property.
22 (3) At a minimum, the buoy shall be placed so that the boat will not ground
23 during the waterbody's typical moorage season and is in water at least 7 feet
24 deep at ordinary high water.
25 (4) A radius of 100 feet from the proposed buoy shall be clear of existing buoys,
26 docks, and other hazards. A smaller radius maybe approved if the applicant
27 demonstrates that a boat moored at the proposed buoy provides a safety
28 margin of at least 20 feet from any other fixed hazard, including from boats
29 moored at nearby buoys.
30 (5) A mooring buoy shall secure no more than two boats.
31 (6) Anchor, buoy, and moored vessel are not located over or within 25 feet of
32 vegetated shallows (except where such vegetation is limited to State -
33 designated noxious weeds).
34 (7) Anchor, buoy, and moored vessel are not to be located over or within 300 feet
35 of spawning habitat for federal or state listed salmonid fish species, or over or
36 within 25 feet of spawning habitat for other native fish species.
37 (8) Anchors should be helical screw anchors, other embedded anchors, or other
38 technologies to prevent anchors or lines from dragging or scouring. The
39 anchor system, including the tethering mechanism to connect the vessel to the
40 anchor, should be appropriate for the size and weight of the vessel. Other
Grant County Shoreline Master Program 69
DRAFT REDLINES FOR REVIEW
�i : har - 2023
I design features shall meet Washington Department of Fish and Wildlife, U.S.
2 Army Corps of Engineers and/or Department of Natural Resources standards.
3 (h) Swim floats
4 (1) Private swim floats should be no longer than 8 feet and no wider than 8 feet.
5 (2) Where private swim floats are allowed, they must utilize the least impacting
6 anchor method available and suited to the site-specific location. Anchors and
7 other design features shall meet Washington Department of Fish and Wildlife
g and/or Department of Natural Resources standards.
9 (3) Swim floats shall be placed at a distance specified by State and Federal
10 agencies to avoid nearshore habitat and to minimize obstruction to navigation,
11 and must be located at least 10 feet from side property lines, unless it is
12 designated as a joint -use structure between two or more adjoining waterfront
13 properties.
14 (4) Only one swim float may be approved per waterfront property.
15 (i) Mitigation
16 (1) Consistent with the mitigation sequencing steps outlined in GCC 24.12.230,
17 Environmental Protection, new or expanded overwater and in -water
18 structures, including watercraft lifts and mooring buoys, should be first
19 designed to avoid and then minimize impacts, prior to pursuing mitigation.
20 (WAC 173-26-321(3)(b))
21 (2) Mitigation proposals shall provide mitigation at a one to one (1:1) ratio, at a
22 minimum, by area of overwater cover to mitigation action using any of the
23 potential measures listed under GCC 24.12.390 (i)(4) below. Applicants
24 should consult with other permit agencies, such as Washington Department of
25 Fish and Wildlife and/or U.S. Army Corps of Engineers, for additional
26 specific mitigation requirements.
27
(3) Applicants wishing to propose an alternate mitigation strategy '
g gy may submit a
28
mitigation
mitigation plan prepared by a qualified professional thatrovides one unit of
p
29
mitigation for each unit of lost function unless justified as outlined in GCC
30
24.12.23 0 Environmental Protection. The type and degree o '
yp gr f potential adverse
31
.
impacts typically associated with private moorage structures varies
32
considerably by waterbody, location within a waterbod a '
y, and design of the
33
structure. Potential adverse impacts may include substrate disturbance and
34
alteration, vegetation disturbance or alteration increases in sensitive '
� sensitive species
35
predation, increases in shoreline hardening, or reduction inresence or benefit
t
36
of terrestrial vegetation adjacent to the water, among others. The mitigation
on
37
provided shall be consistent with GCC 24.12.230, Environmental'
Protection.
38
The proposed mitigation plan shall include a discussion of how the proposed
39
mitigation adequately compensates for an lost or modified '
y d functions.
40
(4) For new development and modification or reconstruction'
of legally existing
41
structures, appropriate mitigation may include one or more '
Y of the following
Grant County Shoreline Master Program
70
DRAFT REDLINES FOR REVIEW
!�iopta
fe1-201-4January 2023
1
measures, or other measures when consistent with objective of compensating
2
for adverse impacts to ecological function:
3
(A) Removal of any additional legal existing over -water and/or in -water
4
structures that are not the subject of the application or are not J
5
otherwise required to be removed because they are not legal.
6
(B) For dock additions, partial dock replacements or other modifications
7
approved under this section, replacement of areas of existing solid
$
9
over -water cover with grated material or use of grating on those
altered portions of piers if they are not otherwise required to be grated.
10
(C) Planting of native vegetation along the shoreline immediately
11
landward of the OHWM consisting of trees and/or shrubs native to
12
Grant County and typically found in undisturbed areas adjacent to the
13
14
subject waterbody. When shoreline plantings are the only mitigation
15
option for a given dock proposal, the additional overwater cover shall
be compensated for ata 1:1 planting area ratio (unless modified as
16
17
described in GCC 24.12.230, Environmental Protection) with required
trees planted on 10 -foot centers and/or shrubs planted on 5 -foot
is
19
centers. Native groundcover can be supplemental to the planted
shoreline area, but does not count toward the total square footage
20
21
requirement. Applicants may utilize species found on the native plant
list on file at the County.
22
(D) Removal or ecological improvement of hardened shoreline, including
23
existing launch ramps or hard structural shoreline stabilization.
24
Improvements may consist of softening the face and toe of the
25
stabilization with soil, gravel and/or cobbles and incorporating
26
vegetation or organic material.
27 (E) Removal of man-made debris waterward of the OHWM, such as oil
28 drums, concrete or asphalt debris, remnant docks, or other material
29 detrimental to ecological functions and ecosystem -wide processes.
30 (F) Recruitment of organic material if consistent with local, state, and/or
31 federal regulations.
32 (G) Participation in an approved mitigation banking or in -lieu -fee
33 program.
34 (j) Replacement of Existing Docks.2 Proposals involving replacement of the entire
35 existing private dock or 75 percent or more of the dock support piles are considered a
36 new moorage facility and must meet the dimensional, materials and mitigation
37 standards for new private docks as described in GCC 24.12.390 (e) and GCC
2 Nonconforming private moorage facilities are governed by regulations found in GCC 24.12.610, Nonconforming
Structures.
Grant County Shoreline Master Program
71
DRAFT REDLINES FOR REVIEW
-�T a &_ a n u a ry 2� 02 3
1 24.12:390 (i) except the Shoreline Administrative Official may approve an alternative
2 design if it meets all of the following criteria:
3 (1) As applicable, Federal agencies have already approved the proposal;
4 (2) The total square footage of the replacement structure is no larger than the
5 existing dock;
6 (3) The maximum width for the portion of the dock located within 30 feet of the
7 OHWM shall not be greater than the width allowed for new docks under GCC
g 24.12.390 (f) above;
9 (4) Replacement piles shall meet the spacing and material specifications under
10 GCC 24.12.390 (fl above; and
11 (5) Decking and deck materials shall meet the specifications under GCC
12 24.12.390 (f) above.
13 (k) Additions to Private Dock. Proposals involving the modification and/or enlargement
14 of existing private docks must comply with the following measures:
15 (1) The applicant must demonstrate to the satisfaction of the responsible local
16 government that there is a need for the enlargement of an existing dock.
17 Proposals that demonstrate an enlargement is necessary due to safety concerns
18 or inadequate depth of water will be considered.
19 (2) Enlarged portions of docks must comply with the dimensional, design,
20 materials and mitigation standards for new private docks as described in GCC
21 24.12.390 (i). Dock additions that result in the completed structure exceeding
22 the area limits for reasons not specifically allowed above may only be
23 approved through a Shoreline Variance.
24 (1) Repair of Existing Private Dock.
25 (1) Repair proposals which replace 75 percent or greater of the existing dock -
26 support piles are considered replacement docks and must comply with
27 requirements for Replacement Docks.
28 (2) All proposed replacement piles shall be the minimum size allowed by site -
29 specific engineering or design considerations.
30 (3) Pentachlorophenol, creosote, chromated copper arsenate or comparably toxic
31 compounds shall not be utilized to repair piles or as treatments for
32 replacement piles.
33 (4) Repair proposals which replace 50 percent or more of the decking must use
34 grating as specified above.
35 (5) Other repairs to existing legally established moorage facilities where the
36 nature of the repair is not described in the above subsections shall be
37 considered minor repairs and are permitted, consistent with all other
38 applicable codes and regulations. If the cumulative repair proposed over a
39 three-year period exceeds thresholds established for reconstructed or repaired
Grant County Shoreline Master Program 72
DRAFT REDLINES FOR REVIEW
ItJanuar ry 2023
1 piers listed above in GCC 24.12.390(1),the current re. pair proposal shall b e
2 reviewed under those replacementp rovisions.
3 24.12.400 Recreational Development
4 (a) General Preferences
5 (1) Recreational uses and facilities shall include features that relate to access,
6 enjoyment, and use of the Grant County shorelines.
7 (2) Bothassive and active
p shoreline recreation uses are allowed consistent with
8 the County's Comprehensive Plan.
9 (3) Water -oriented recreational uses and activities are preferred in shoreline
10 jurisdiction. Water -dependent recreational uses shall be preferred as a first
11 priority and water -related and water -enjoyment recreational � y uses as a second
12 priority.
13 (4) Existing passive recreational opportunities, including '
pp g nature appreciation,
14 non -motorized trails, environmental interpretation an '
irp d native habitat
15 protection, shall be maintained.
16 (5) Preference shall be given to the development and enhancement '
P ncement of public
17
access to the shoreline to increase fishing, kayaking, and other water -related
18 recreational opportunities.
19 _ (b) General Performance Standards
20 (1) The potential adverse impacts of all recreational uses shallmitigated be mitigated and
21 adequate provisions for shoreline rehabilitation shall be
made part of any
22 proposed recreational use or development to ensure no '
p net loss of shoreline
23 ecological function.
24 (2) Sites with fragile and unique shoreline conditions such-
as high-quality
25 wetlands and wildlife habitats, shall be used only for non -intensive recreation
26 activities, such as trails, viewpoints, interpretive signage, p � rp g ge, and similar passive
27 and low -impact facilities that result in no net loss of shoreline'
ecological
28 function, and do not require the construction andlace
p ment of permanent
29 structures.
30 (3) For proposed recreation developments that require the '
• p q use of fertilizers,
31 pesticides, or other toxic chemicals thero onent shall p p 1 specify the BMPs to
32 be used to prevent these applications and resultant leachate chate from entering
33 adjacent waters.
34 (4) Recreational developments shall be located sated and designed to preserve,
35 enhance, or create scenic views and vistas.
36 (5) In approving shoreline recreational developments, the
p County shall ensure that
37 the development will maintain, enhance or restore des' '
arable shoreline features
38 including unique and fragile areas scenic views and aesthetic values. The
39 County may, therefore, adjust or prescribe project dimensions, on-site location
Grant County Shoreline Master Program 73
DRAFT REDLINES FOR REVIEW
r "'^''4January 2023
1 of project components, intensity of use, screening,lighting, ark' p ing, and
2
setback requirements.
3 (c) Signs indicatingthe public's right t
p g o access shoreline areas shall be installed and
4 maintained in conspicuous locations at alloints of
p access.
(d) Recreational developments shall provide facilities for non -
motorized access to the
6 shoreline such as pedestrian and bicycle paths, and equestrian, p questrian, as applicable. New
7 Y
motorized vehicle access shall be located and managed to protect riparian, p p an, wetlands
8 ands g
shrub steppe habitat functions and value.
(e) Proposals for recreational developments shall include a la '
landscape plan indicating how
10 native, self-sustaining vegetation is incorporated into to the proposal to maintain
11 ecological functions. The removal 'of on-site native'
vegetation shall be limited to the
12 minimum necessary for the development of permitted facilities,
. p p d structures or facilities, and shall
13 be consistent with provisions of GCC 24.12.240 Shoreline oreline Vegetation Conservation
14 and GCC 24.12, Article V, Critical Areas.
15 (f) Accessory uses and support facilities such as maintenance ' '
• Hance utilities, and
16 other non -water -oriented uses shall be consolidated
and located in upland areas
17 outside shoreline, wetland, and riparian buffers unless ' °
1 p ss such utilities, and
8 uses are allowed in shoreline buffers based on the regulations gulations of this SMP.
19 (g) The placement of picnic tables,la ound apparatus, p Yom' pp s, and other similar minor
20 components within the floodwa s shall be ermitted
• Y permitted, such structures are
21 located and installed in such a manner as to prevent t '
• p hem from being swept away
22 during a flood event.
23 (h) Recreational facilities shall make adequate provisions, s, such as screening, landscaping
2 q
4 buffer strips, fences and signs, torevent trespass u '
p p upon adjacent properties and to
25 protect the value and enjoyment of adjacent or nearby'
private properties and natural
26 �
areas, as applicable.
27 (i) Recreational or structures are onlyallowed to be built t over water when they provide
28 public access or facilitate a water -dependent use and '
p shall b e the minimum size
29 necessary to accommodate the. ermitted activity.
y
30 (j) Recreational developments shall make adequate provisions for:
31 (1) both on-site and off-site access and where appropriate, equestrian access;
32 (2) appropriate water supply and waste disposal methods,
and
33 (3) security and fire protection.
34 (k) Structures associated with recreational development p shall not exceed 35 feet in
35 height, except for as noted in GCC 24.12.210 Development opment Standards when such
36
structures document that the height beyond 35 feet will not obstruct the
view of a
37 substantial number of adjoining residences.
38 (1) Recreational development shall minimize effective impervious surfaces in shoreline
39 jurisdiction and incorporate low -impact development '
p p t techniques.
Grant County Shoreline Master Program 74
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Ste pt%.%ON NIP%.# %� Iemher �n1 n J nuary 2423
1 24.12.410 Residential Development
2 (a) Single-family residential development is a preferred use when it is developed in a
3 manner consistent with pollution control and preventing damage to the natural
4 environment.
5 (b) Residential development shall be located and constructed to result in no net loss of
6 shoreline ecological function. No net loss of shoreline ecological functions shall be
7 assured through the implementation of buffers specified in Article V, Critical Areas
$ and other provisions of this SMP related to shoreline stabilization, vegetation
9 management, and on-site sewage disposal.
10 (c) Lots for residential use shall have a maximum density consistent with the Grant
11 County Comprehensive Plan.
12 (d) Accessory uses and structures shall be located outside of the riparian buffers specified
13 in Table 24.12.210(d), unless the structure is or supports awater-dependent use.
14 Storage structures to support water -related uses are not water -dependent uses and
15 therefore, shall be located outside of the riparian buffer.
16 (e) All residential development shall be located or designed in such a manner as to
17 prevent measurable degradation of water quality from stormwater runoff. Adequate
18 mitigation measures shall be required and implemented where there is the reasonable
19 potential for such adverse effect on water quality.
20 (f) New shoreline residences and appurtenant structures shall be sufficiently set back
21 from steep slopes and shorelines vulnerable to erosion so that structural
22 improvements, including bluff walls and other shoreline stabilization and flood
23 control structures are not necessary to protect proposed residences and associated
24 uses.
25 (g) New floating residences and over -water residential structures shall be prohibited in
26 shoreline jurisdiction.
27 (h) New multi -unit residential development, including duplexes, fourplexes, and the
2$ subdivision of land into five or more lots shall make adequate provisions for public
29 access consistent with the regulations set forth in GCC 24.12.260, Public Access.
30 (i) New residential development shall connect with sewer systems, when available.
31 (j) All new residential development shall be required to meet the vegetation management
32 provisions contained in GCC 24.12.240, Shoreline Vegetation Conservation and GCC
33 24.12.530, Fish and Wildlife Habitat Conservation Areas.
34 (k) Residential development clustering may be required by the Shoreline Administrative
35 Official where appropriate to minimize ecological and visual impacts on shorelines,
36 including minimization of impacts on shoreline vegetation consistent with GCC
37 24.12.240, Shoreline Vegetation Conservation.
38 24.12.420 Shoreline Habitat and Natural Systems Enhancement
Y Projects
39 (a) Shoreline restoration and enhancement activities designed to restore or enhance
40 shoreline ecological functions and processes and/or shoreline features should be
Grant County Shoreline Master Program 75
DRAFT REDLINES FOR REVIEW
41ilanuary 2023
1 targeted toward meeting the needs of sensitive and/or regionally g onally Important plant, fish,
2 and wildlife species, and shall be givenriorit .
p Y
3 (b) Shoreline restoration, enhancement, and mitigation activities s designed to create
4 dynamic and sustainable ecosystems to assist the count in '
y achieving no net loss of
5 shoreline ecological functions arep referred.
6 (c) Restoration activities shall be carried out in accordance with an approved shoreline
7 restoration plan, and in accordance with the provisions of this SMP.
8 (d) To the extent possible, restoration, enhancement, and mitigation activities shall be
9 integrated and coordinated with other parallel natural resource management efforts,
10 such as those identified in the shoreline restoration plan.
11 (e) Habitat and beach creation, expansion, restoration, and enhancement projects maybe
12 permitted subject to required state or federal permits when the applicant has
13 demonstrated that:
14 (1) The primary objective is clearly restoration or enhancement of the natural
15 character or ecological function of the shoreline.
16 (2) The project will not adversely impact spawning, nesting, or breeding fish and
17 wildlife habitat conservation areas;
18 (3) Upstream or downstream properties or fish and wildlife habitat conservation
19 areas will not be adversely affected;
20 (4) Water quality will not be degraded;
21 (5) Flood storage capacity will not be degraded;
22 (6) Impacts to critical areas and buffers will be avoided and where unavoidable,
23 minimized and mitigated; and
24 (7) The project will not interfere with the normal public use of the navigable
25 waters of the state.
26 (fl The county shall review the projects for consistency with this SMP in an expeditious
27 manner and shall issue its decision along with any conditions within forty-five (45)
28 days of receiving all materials necessary to review the request for exemption from the
29 applicant (see GCC 24.12.740).
30 24.12.430 Shoreline Stabilization
31 (a) Shoreline restoration and enhancement activities designed to restore shoreline
32 ecological functions and processes and/or shoreline features should be targeted
33 toward meeting the needs of sensitive and/or regionally important plant, fish, and
34 wildlife species, and shall be given priority.
35 (b) Except for Columbia Basin Project and Irrigation District facilities, new shoreline
36 stabilization for new development is prohibited unless it can be demonstrated that
37 reasonable use of a lot or parcel legally created prior to the effective date of this
38 program is precluded without shore protection oris necessary to restore ecological
39 functions or hazardous substance remediation.
Grant County Shoreline Master Program 76
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he
� Ff%_0 nuary 2023
1 (c) Proposed designs for new or expanded shoreline stabilization shall be designed in
2 accordance with applicable state guidelines, must use best available science, must
3 document that alternative solutions are not feasible or do not provide sufficient
4 protection; must demonstrate that future stabilization measures would not be required
5 on the project site or adjacent properties; and be certified by a qualified professional.
6 (d) Land subdivisions and lot line adjustments shall be designed to assure that future
7 development of the newly created lots will not require structural stabilization for
8 subsequent development to occur.
9 (e) Except for Columbia Basin Project and Irrigation District facilities, new or expanded
10 structural shoreline stabilization is prohibited except when necessity is demonstrated
11 consistent with the requirements of WAC 173-26-231(3)(a)(iii). Necessity is
12 demonstrated through conclusive evidence documented by a geotechnical analysis
13 that there is a significant possibility that the structure will be damaged within three
14 (3) years as a result of shoreline erosion caused by wind/wave action or other
15 hydraulic forces, and only when significant adverse impacts are mitigated to ensure
16 no net loss of shoreline ecological functions and/or processes.
17 (f) Replacement of an existing shoreline stabilization structure with a similar structure is
18 permitted if there is a demonstrated need to protect existing primary uses, structures
19 or public facilities including roads, bridges, railways, irrigation and utility systems
20 from erosion caused by stream undercutting or wave action; provided, that the
21 existing shoreline stabilization structure is removed from the shoreline as part of the
22 replacement activity. Replacement walls or bulkheads shall not encroach waterward
23 of the ordinary high water mark or existing structure unless the facility was occupied
24 prior to January 1, 1992, and there are overriding safety or environmental concerns.
25 Proposed designs for new or expanded shore stabilization shall be in accordance with
26 applicable state guidelines and certified by a qualified professional.
27 (g) Where a geotechnical analysis confirms a need to prevent potential damage to a
28 primary structure, but the need is not as immediate as three (3) years, the analysis
29 may still be used to justify more immediate authorization for shoreline stabilization
30 using bioengineering approaches.
31 (h) Shoreline stabilization projects that are part of a fish habitat enhancement project
32 meeting the criteria of RCW 77.55.181 will be authorized through a Shoreline
33 Exemption. Stabilization projects that are not part of such a fish enhancement project
34 will be regulated by this SMP.
35 (i) Small-scale shoreline stabilization projects (for example, tree planting projects or
36 other minimally intrusive enhancements) shall be reviewed by a qualified
37 professional to ensure that the project has been designed using best available science.
38 (j) Large-scale or more complex shoreline stabilization projects (for example, projects
39 requiring fill or excavation, placing objects in the water, or hardening the bank) shall
40 be designed by a qualified professional using best available science. The applicant
41 may be required to have a qualified professional oversee construction or construct the
42 project.
Grant County Shoreline Master Program 77
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r °101 4January 2023
1 (k) New stabilization structures, when found to be necessary, will implement the
2 following standards:
3 (1) limit the size of the project to the minimum amount necessary;
4 (2) include measures to assure no net loss of shoreline ecological functions:
5 (3) use biotechnical bank stabilization techniques unless those are demonstrated
6 to be infeasible or ineffective before implementing "hard" structural
7 stabilization measures.
8 24.12.440 Transportation: Trails, Roads, and Parking
9 (a) New or expanded motor vehicle and rail transportation facilities shall not be located
10 within shoreline jurisdiction, unless:
11 (1) The proponent demonstrates that no feasible upland alternatives exist;
12 (2) The project represents the minimum development necessary to serve another
13 specific, localized, and permitted shoreline use; or
14 (3) In the case of a water crossing, the proponent demonstrates that the project is
15 necessary to further a substantial public interest.
16 (b) When new roads or road expansions are unavoidable in shoreline jurisdiction,
17 proposed transportation facilities shall be planned, located, and designed to achieve
18 the following:
19 (1) Meet mitigation sequencing provisions of GCC 24.12.230 Environmental
20 Protection;
21 (2) Avoid adverse impacts on existing or planned water -oriented uses;
22 (3) Set back from the OHWM to allow for a usable shoreline area for vegetation
23 conservation and any preferred shoreline uses unless infeasible;
24 (4) Minimize grading, vegetation clearing, and alterations of the natural
25 topography; and
26 (5) Use BMPs for preventing erosion and degradation of surface water quality.
27 (c) Improvements to existing motor vehicle and rail transportation facilities shall not
28 interfere with pedestrian and bicycle access, and shall whenever possible, provide for
29 expansion and enhancement of pedestrian and bicycle transportation facilities.
30 (d) Transportation facilities and services for motor vehicles and rail shall utilize existing
31 transportation corridors whenever possible.
32 (e) The development, improvement, and expansion of pedestrian and bicycle
33 transportation facilities are allowed within all environments. Such transportation
34 facilities are a preferred use wherever they are compatible with the natural character,
35 resources, and ecology of the shoreline.
36 (fl Pedestrian and bicycle transportation facilities shall be designed, located, and
37 constructed consistent with the policies and regulations for public access as provided
Grant County Shoreline Master Program 78
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MhNO -14January 20,2 3
1 in GCC 24.12.260, Public Access of this SMP. Linkage between shoreline parks,
2 recreation areas, and public access points are encouraged, when feasible.
3 (g) Parking facilities are not awater-dependent use and shall only be permitted in the
4 shoreline jurisdiction to support an authorized use where it can be demonstrated to the
5 satisfaction of the Shoreline Administrative Official that there are no feasible
6 alternative locations away from the shoreline. Parking as a primary use shall not be
7 allowed within 50 ft of edge of riparian vegetation corridor. Accessory parking
8 facilities shall be subject to the same permit type as the primary use.
9 (h) Accessory parking facilities shall be planned to avoid or minimize adverse effects on
10 unique or fragile shoreline features and shall not result in a net loss of shoreline
11 ecological functions or adversely affect existing or planned water -dependent uses.
12 Parking facilities shall be located upland of the principal structure, building, or
13 development they serve, and preferably outside of shoreline jurisdiction, except:
14 (1) Where the proponent demonstrates that an alternate location would reduce
15 adverse impacts on the shoreline and adjacent uses;
16 (2) Where another location is not feasible; and/or
17 (3) Except when Americans with Disability Act (ADA) standards require
18 otherwise.
19 In such cases, the applicant shall demonstrate use of measures to reduce adverse
24 impacts of parking facilities in shoreline jurisdiction, such as low impact development
21 techniques, buffering, or other measures approved by the Shoreline Administrative
22 Official.
23 (i) Parking facilities shall be landscaped in a manner to minimize adverse visual and
24 aesthetic impacts on adjacent shoreline and abutting properties.
25 (j) All forms of transportation facilities shall, wherever feasible, consolidate water
26 crossings and make joint use of rights-of-way with existing or planned future primary
27 utility facilities and other transportation facility modalities.
28 (k) Improvements to all existing transportation facilities shall provide for the
29 reestablishment and enhancement of natural vegetation along the shoreline when
30 appropriate.
31 (1) If located in the side yard or waterward side of a structure, loading areas shall be
32 screened from view of pedestrians on either side of the waterway. The visual screen
33 shall be composed of a fence or wall with trees and shrubs consistent with County
34 landscape standards.
35 (m) Shoreline crossings and culverts shall be designed to minimize adverse impacts on
36 riparian and aquatic habitat and shall allow for fish passage. See SMP GCC
37 24.12.530, Fish and Wildlife Habitat Conservation Areas for regulations governing
38 crossings of non -shoreline streams located in shoreline jurisdiction.
39 (n) Trails shall be designed consistent with public access requirements in GCC
40 24.12.260, Public Access.
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snr,+aIaaNJ r 301 ^January 2023
1 24.12.450 Utilities
2 (a) Non -water --oriented utility production and processing facilities and transmission
3 facilities are permitted in shorelinejurisdiction only if
4 . y no practical upland alternative
or location exists. New primary utility production and processing facilities
5 ... p g or parts of
those facilities, such as power plants, solid waste storage or disposal facilities g posal facilities that are
6
non -water -oriented should not be permitted within shorelineJ jurisdiction unless no
7 other options are feasible.
8 (b) The principal uses permitted by this section include facilities within the High
9 Intensity Public Facilities designatione.
( g , Grant PUD dams, Columbia Basin
10 Project facilities, irrigation district facilities) and other'
including sewage
11 collection, holding, transfer and treatmenti elines
p p ,tanks, structures, containment
12 facilities, buildings, etc. Accessoryfacilities are also '
13 permitted, including but not
limited to :
14 (1) Plant monitoring and control facilities and site o - ' •
n administrative offices,
15 (2) Plant access and logistical facilities such as storage areas, material handling
16 ramps and facilities, etc., and including utility '
. .. g y delivery (electrical,
17 communication, etc.) facilities;
18 (3) Plant security and safety features such as fences, signage, etc.; and
19 (4) Other accessory or auxiliaryuses or features, ,necessary to of the effective and
20 efficient operation of thelant and which cannot nnot feasibly be located outside
21 the shoreline jurisdiction.
22 (c) Expansion of existing primary utility facilities within shoreline Jurisdiction must
23 demonstrate:
24 (1) The expansion is designed to protect adjacent
. p J t shorelands from erosion,
25 pollution, or other environmentallydetrimental al factors during and after
26 construction.
27 (2) The project is planned to fit existingnatural topography as much as practical
28 and avoid alteration of the existingnatural
environment.
29 (3) Debris, overburden, and other construction w '
waste materials shall be disposed
30 of so as to prevent erosion orollution of a w
p aterb o dy.
31 (d) New primary utility facilities and expansions shall in ' '
p include provisions to control the
32 quantity and quality of surface water runoff to naturalwaterbodi'
es, using BMPs to
33 retain natural flow rates. A maintenancero am to '
p �' ensure continued proper
34
functioning of such new facilities shall be required.
35 (e) Applications for installation of utilityfacilities other
than water dependent facilities
36 within the High Intensity Public Facility Environment Designation and Columbia
37 Basin Project and irrigation district facilities shall include the following (at a
38 minimum) :
39 (1) Reason why the utility facilitymust be in shoreline reline
40 (2) Alternative locations considered and reasons'
for their elimination;
Grant County Shoreline Master Program
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�n_n+ ,V %, %� �h, 4,er �n� "January 2023
1
2
(3)
Location of the same, similar, or other utility facilities in the vicinity of the
proposed project;
3
(4)
Proposed method(s) of construction;
4
(5)
Plans for reclamation of areas to be disturbed during construction;
5
(6)
Landscape plans;
6
7
(7)
Methods to achieve no net loss of ecological function and minimize clearing
of native vegetation; and
g
9
(8)
Consistency with County comprehensive plans for utilities, where such plans
exist.
10
(f) Applications for. installation of utility facilities shall include the following (at a
11
minimum):
12
(1)
Proposed method(s) of construction;
13
(2)
Plans for reclamation of areas to be disturbed during construction;
14
(3)
Landscape plans;
15
16
(4)
Methods to achieve no net loss of ecological function and minimize clearing
of native vegetation
17 (g) Where feasible, utilities shall be consolidated within a single easement and utilize
18 existing rights-of-way. Any utility located within property owned by the utility which
19 must of necessity cross shoreline jurisdiction shall be designed and operated to
24 reserve the option of general public recreational usage of the right-of-way in the
21 future. This option shall be exercised by the public only where:
22 (1) The public will not be exposed to dangers from the utility equipment; and
23 (2) The utility itself will not be subjected to unusual risks of damage by the
24 public.
25 (h) In areas where utilities must cross shoreline jurisdiction, they shall do so by the most
26 direct route feasible, unless such a route would negatively affect an environmentally
27 critical area, obstruct public access to the shoreline, negatively impact Columbia
28 Basin Project and Irrigation District facilities operations, or interfere with the
29 navigability of a waterbody regulated by this SMP. See GCC 24.12.530, Fish and
30 Wildlife Habitat Conservation Areas for regulations governing crossings of non -
31 shoreline streams located in shoreline jurisdiction.
32 (i) Utility facilities shall be designed and located in a manner that protects scenic views
33 and minimizes adverse aesthetic impacts.
34 (j) New utilities which must be constructed across shoreline jurisdiction in previously
35 undisturbed areas must submit a mitigation plan demonstrating the restoration of the
36 shoreline to at least its existing condition. Upon completion of utility installation or
37 maintenance, any disturbed areas shall be regraded to be compatible with the natural
38 terrain of the area and revegetated with appropriate native plants to prevent erosion.
Grant County Shoreline Master Program 81
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c% -I- ent,, Mhorf%� Ir 7n1 "January 2iJ23
1 (k) Outside of the Public Facilities Environment Designation and excluding Columbia
2 Basin project/irrigation districts existing facilities, all underwater pipelines or those
3 paralleling the waterway transporting liquids potentially injurious to aquatic life or
4 water quality shall be prohibited, unless no other alternative exists to serve a public
5 interest. In those limited instances where permitted, shut-off valves shall be provided
6 at both sides of the waterbody except for public sanitary sewers of a gravity or siphon
7 nature. In all cases, no net loss of ecological functions shall be maintained.
8 (1) Where utilities cannot cross a shoreline waterbody via a bridge or other existing water
9 crossing, the utilities shall evaluate site-specific habitat conditions and demonstrate
10 whether impacts can mitigated to negatively impact substrate, or whether utilities will
11 need to be bored beneath the waterbody such that the substrate is not disturbed.
12 Construction of pipelines placed under aquatic areas shall be placed in a sleeve to
13 avoid the need for excavation in the event of a failure in the future.
14 (m) Minor trenching to allow the installation of necessary underground pipes or cables is
15 allowed if no alternative, including boring, is feasible, and if:
16 (1) Impacts on fish and wildlife habitat are avoided to the maximum extent
17 possible.
18 (2) The utility installation shall not increase or decrease the natural rate, extent, or
19 opportunity of channel migration.
20 (3) Appropriate BMPs are employed to prevent water quality impacts or other
21 environmental degradation.
22 (n) Utility installation and maintenance operations shall be conducted in a manner that
23 does not negatively affect surface water quality or quantity. Applications for new
24 utility projects in shoreline jurisdiction shall include a list of BMPs to protect water
25 quality.
26
27
28
Grant County Shoreline Master Program 82
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3014January 2iJ23
1 Article. V. Critical Areas
2 24.12.500 General Provisions
3 (a) Authorization and Purpose
4 (1) The purpose of this is to define, identify and protect the following critical
5 areas as required by the Growth Management Act of 1990 (Chapter 17, Laws
6 of 1990) and the Shoreline Management Act (RCW 90.58).
7 (2) The County shall regulate in the County's shoreline jurisdiction all uses,
$ activities, and development within, adjacent to, or likely to affect one or more
9 critical areas.
10 (b) Categorization of Critical Areas located within the County's shoreline jurisdiction.
11 Critical areas in Grant County's shoreline jurisdiction are categorized as follows:
12 (1) Wetlands
13 (2) Fish and Wildlife Habitat Conservation Areas
14 (3) Critical Aquifer Recharge Areas
15 (4) Geologically Hazardous Areas
16 (5) Frequently Flooded Areas
17 (6) Cultural Resources Areas
18 (c) Allowed activities.
19 (1) Site Investigations. Site investigation work necessary for land use applications
20 such as surveys, soil and mineral resource explorations, percolation p � p anon tests,
21
archaeological explorations authorized and approved b all jurisdictionalr
22 Y
p
agencies, and other related activities. However, critical area impacts shall be
23 mitigated to meet no net loss of ecological functions requirements--
g q ents-
,
24 (2) Landscape Maintenance. Maintenance activities such as mowing, w ng, normal
25 pruning, and gardening accessory to single family residential
use, provided
26 that such maintenance activities are limited to existinglandscaping
aping
27
Improvements and do not expand into critical areas or associated buffers and
28 will maintain no net loss of ecological functions b not exposing'
2 g y soils,
9 altering topography, destroying or clearing native vegetation,
° gand not
3 0 diminishing water quality or quantity. This allowance shall not of b e construed
31 as applying to existing agricultural activities
32 (d) Expansion of Nonconforming Use or Structure. Within a critical area or its buffer, no
33 y ex legal nonconforming use or structure may be expanded, enlarged, ex
ptended, or
intensified ntensified in any way (including extension of hours of operation) p ) un less such
35 modification is in full compliance with this Article or the terms and conditions onditions of
36 approved permits pursuant to this Article, or is allowed as provided
. ° p below. Approved
37 expansions must be consistent with standards of the zoning code in '
. g which such
3 8 building, structure, or land use lies and with limitations set forth in'
Article VI of this
39 Program, Existing Uses, Structures and Lots. In no case shall an prohibited y p ohibited uses as
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
Septemher.:29.14January 2023
1
designated under GCC 24.12 be permitted to enlarge or expand. In addition to
2
requirements and standards mentioned under SMP Sections 24.12.610 and 24.12.620,
3
following legal nonconforming expansions or uses are allowed:
4
(1) Vegetation management, including landscaping or gardening revisions on
5
lawfully established and maintained portions of a critical area or its buffer.
6
(2) Fences, decks, and accessory structures that are exempt from a building
7
permit can be established or expanded on lawfully established and maintained
$
portions of a critical area or its buffer without demonstrating full compliance
9
with this Article.
10
(3) Building modification or additions that are not considered substantial
11
improvements.
12
(4) Roadway expansion or maintenance to support existing and proposed
13
shoreline uses is allowed, provided the expansion is located to have the least
14
possible adverse effect on ecological function. When feasible, expansions
15
should be located on the landward side of the existing corridor or outside of
16
critical areas, consistent with this SMP.
17
(5) Single-family residential building permits are exempt from the requirements
18
of the critical area regulations when the development proposal involves any of
19
the above activities:
20
(A) Structural modifications to or replacement of an existing single-family
21
residential structure with a new residential structure where
22
construction and associated disturbance does not increase the footprint
23
of any existing structure; and
24
(B) The structure is not located closer to the critical area; and
25
(C) The existing impervious surface within the critical area or buffer is not
26
expanded.
27 (e) Building setback line (BSBL). A BSBL is established to reduce conflict
with
28 hazardous trees and vegetation buffers, to enhance wildfire safety,and
to prevent
29 construction intrusions into certain buffer areas as follows. A minimum BSBL of 15
30 feet is required from the edge of any fish and wildlife buffer, stream or
wetland
31 buffer, or erosion and landslide buffer.
32 (fl Land segregation. Subdivisions, short subdivisions, boundary line adjustments, and
33 planned residential developments of land in critical areas and associated buffers are
34 subject to the following:
35 (1) Land that is wholly within a wetland or stream critical area or associated
36 buffer may not be subdivided.
37 (2) Land that is partially within a wetland or stream critical area or associated
38 buffer area maybe subdivided or the boundary line adjusted; provided, that an
39 accessible and contiguous portion of each new or adjusted lot is:
40 (A) Located outside the critical area and buffer; and
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
cor,tizmhor �n14January 2423
1 (B) Large enough to accommodate the intended use.
2 (3) Accessory roads and utilities serving the proposed subdivision maybe
3 permitted within the wetland or stream critical area and associated buffer only
4 if the County determines that no other feasible alternative exists and the
5 impacts can be mitigated.
6 (g) General Review Procedures
7 (1) Acritical areas determination, using local the most current, accurate, and
g complete scientific or technical information available, by the Shoreline
9 Administrative Official under this Chapter shall be in addition to, and not a
10 substitute for, any other development permit or authorization required by the
11 GCC. A critical areas determination shall not be interpreted as an approval of
12 any other permit or authorization required of a development, construction, or
13 use.
14
15
(2) Pre -Application Review. Applications for certain project permits shall not be
16
accepted by the Shoreline Administrative Official unless the applicant has
17
scheduled and attended apre-application conference, as specified in GCC
18
25.04.130. Pre -application review is not intended to provide an exhaustive
19
review of all the potential issues that a given application could raise. Pre -
20
application review does not prevent the County from applying all relevant
21
laws to the applicant. In addition to the purposes listed in GCC 25.04.130(b) '
the review is intended to establish:
22
(A) The critical areas involved or potentially impacted;
23
(B) The degree to which a proposed development may impact a designated
24
critical area; and
25
(C) If there is a need for a preliminary site assessment or technical
26
assistance conference to better define the critical area issues.
27
28
(3) Technical Assistance Conference. If requested by the applicant or required by
the Shoreline Administrative Official, the Shoreline Administrative Official
29
will arrange and conduct a meeting of representatives of Grant County
30
Departments and Resource Agency Personnel having technical expertise,
31
32
interest, or jurisdiction in the proposed development. The technical assistance
33
conference may also involve a preliminary site assessment, if it is determined
that identification of or resolution of issues related to the
34
proposed
development maybe achieved through an on-site review. The purpose of the
35
technical assistance conference will be to:
36
(A) Confirm and define the requirements of any other applicable local,
37
state or federal regulations;
38
(B) Clarify any identified procedural or regulatory conflicts and define
39
alternative courses of action available to the applicant in addressing
40
project requirements;
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+-r�Jar�uary 2023
1
(C) Provide the applicant with guidance, available data and information
2
that will assist in complying with the provisions of this title, other
3
chapters of the GCC and other applicable regulations;
4
(D) Provide the applicant with guidance concerning project modifications
5
or site enhancements that would minimize impacts to the critical area;
6
(E) Provide the applicant with alternatives for securing data, information,
7
or assistance necessary to the project; and.
$
(F) Determine whether a special assessment or study is necessary.
9
(4) The procedure for critical areas review as part of this SMP shall be as follows:
10
(A) Determination of Applicability: Based on the documents submitted by
11
the applicant, the Shoreline Administrative Official shall first
12
determine if the proposed activity conforms to any of the allowed uses
13
to this Chapter as delineated in SMP Section 24.12.500 (c), Allowed
14
Activities. If the Shoreline Administrative Official determines that the
15
16
proposed activity meets any of the listed exemptions, no further
42
critical areas review is required pursuant to this Chapter, except as
17
necessary for the Shoreline Administrative Official to ensure that the
18
19
proposed activity is undertaken as described in the application and as
shown on the site plan. The Shoreline Administrative Official shall
20
issue a letter of exemption pursuant to GCC 24.12.740. .
21
(B) Critical Areas Checklist: If the Shoreline Administrative Official
22
determines that the proposed activity does not meet any of the listed
23
exemptions, or any scientific or technical data and/or restoration
24
25
requirements associated therewith, the applicant shall complete a
26
critical areas checklist on forms provided by the Department of
Community Development.
27
(C) Preliminary Assessment: The Shoreline Administrative Official will
28
review the critical areas checklist together with resource information
29
30
and maps identified in the relevant sections of this Program, and may
conduct a site reconnaissance to determine whether critical areas or
31
their required buffers are affected by the proposed activity. The
32
33
applicant shall be responsible for providing the County with sufficient
34
and accurate information regarding the proposed activity and site
conditions and shall allow and facilitate on-site observation by the
35
County in connection with this review. Restriction of access shall be
36
37
grounds for denial of critical areas alteration permit and/or underlying
permit or approval.
38
(D) Preliminary Determination: Based on the preliminary assessment, the
39
Shoreline Administrative Official shall make one of the following
40
determinations:
41
(i) Determination that Critical Areas are Not Associated: If the
42
Shoreline Administrative Official determines that critical area
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
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1
2
indicators are not present within 300 feet of thero osed
p p
development activity that is the subject of aro osed
p p
3
development application, no further critical areas review is
4
5
required pursuant to this Chapter, except ept as necessary for the
Shoreline Administrative Official to ensure that thero osed
p p
6
7
activity is undertaken as described in the application and as
shown on the sitelan. The Shoreline
p Administrative Official
8
9
shall note this determination in theapplication file. This
determination shall not constitute approval of any use or
10
11
activity, nor its compliance with t '
p he requirements of this
Chapter, outside the scope of that '
p stated in the application.
12
Any proposed change in use or scope '
p g ope of activity from that
13
14
contained in the application shall
pp be subject to further review
15
under this Chapter. The applicant s
p pp hall acknowledge in
16
writing that this determination b t '
y he Shoreline
Administrative Official regarding g g the apparent absence of
17
critical area indicators and the likelihoodcritical that critical areas
18
19
will not be affected is not intended'
as an expert certification
20
regarding the presence or absence critical p of critical areas and that the
21
critical areas reviewrocess is sub'
p subject to possible reopening if
22
new information is received as described in GCC 24.12.500
23
(G)(4)(E) below. If the applicant
pp wants greater assurance of
24
the accuracy of any such critical area indicators determination
25
the applicant may hire a qualified critical areas expert to
p
provide such assurances; or
26
(ii) Determination that Critical Areas A '
Are Associated: If the
27
Shoreline Administrative Official d critical determines that critical area
28
29
indicators areresent within 300 feet et of the proposed
development activitythat is the subject sect of a proposed
30
development application, then the • '
pp Shoreline Administrative
31
Official shall note this determination'
in the application file.
32
The Shoreline Administrative Official °
cial shall notify the
33
34
applicant of such determination an '
d the applicant shall
35
complete a critical areas assessment pursuant to the
requirements of this Chapter.
36
(E) Reopening of Review Process: If at any time following the Shoreline
37
Administrative Official's determination thatcritical critical areas are not
38
39
associated with the proposed activity andcompletion of
40
project review under GCC 2 5.04 including
� g any appeals, the Shoreline
Administrative Official receives new evidence that critical areas
may
ay
be associated with the proposed activity, the Shoreline Administrative
y rative
42
43
Official shall reopen the critical areas reviewrocess and shall require
p quire
44
completion of a critical areas assessment and mitigation pursuant to
thisg
Chapter. Once project review is completeursuant to GCC 25.04
p
45
including any appeals, then the Shoreline Administrative Official's
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1 determination that critical areas are not associated with the proposed
2 p p d
activity shall be final, unless appealed pursuant to GCC 24.12.810
3
Appeals. However, the Shoreline Administrative Official shall not be
4 prevented from reopening the critical areas review r
5 process if the
Department relied on misinformation, provided by the applicant in the
6 pp
permit application or critical areas checklist.
7
(F) Critical Areas Assessment: The requirements of a critical areas
g
assessment are dependent upon the particular critical area of interest.
9
10
The applicant shall conduct, or cause to have conducted, a technical
11
assessment and prepare a Critical Areas Assessment Report pursuant
to GCC 24.12.500 (g) and as delineated in the relevant sections of this
12
Chapter. The Critical Area Assessment report shall have three
13
14
components: (a) a site analysis, (b) an impact analysis, and (c)
proposed mitigation measures, along with other information as
15
provided in GCC 24.12.730.
16 (G) Waiver of Wetland Site Assessment Requirements: In circumstances
17 where the Shoreline Administrative Official has identified the presence
18 of wetland indicators within 300 feet of the proposed development
19 activity that is the subject of a proposed development application, the
20 Shoreline Administrative Official may consider waiving the site
21 assessment requirements of SMP Section 24.12.500 (g), upon
22 receiving a written request from the applicant. Such a waiver shall
23 only be granted under the following conditions:
24 (i) The wetland in question has been preliminarily identified by a
25 qualified professional as a Class IV wetland;
26 (ii) The proposed development application is for asingle-family
27 residence, subdivision or short subdivision on an existing lot of
28 record if field investigation by County staff indicates the
29 following:
30 a. Sufficient information exists for staff to estimate the
31 boundaries of a wetland without a delineation; and
32 b. The Shoreline Administrative Official determines that
33 the single-family residence and all accessory structures
34 and uses, or building envelopes and building setback
35 lines in the case of subdivisions and short subdivisions,
36 as proposed will not impact the critical area and will not
37 impact a buffer twice the standard width required
38 pursuant to this GCC 24.12.530 (0 from the estimated
39 wetland boundary;
40 (iii) The Shoreline Administrative Official determines that the
41 project or activity as proposed will not impact the wetland and
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I will not impact a buffer twice the standard width required
2 pursuant to this Chapter;
3 (iv) The Shoreline Administrative Official determines that such a
4 waiver will not reduce the long-term protection of the
5 identified critical area;
6 (v) Prior to any such waiver, the Shoreline Administrative Official
7 shall either convene a site visit by a Technical Interdisciplinary
g Team or provide opportunity for review and comment by
9 members of a Technical Interdisciplinary Team; and
10 (vi) The Shoreline Administrative Official may consider all
11 comments received from the Technical Interdisciplinary Team
12 prior to waiving the site assessment requirements of this
13 Chapter and shall include these comments in the record along
14 with the basis and rationale for any such decision.
15 (vii) For any project or activity for which the site assessment
16 requirement has been waived, no further critical area review
17 shall be required, except as necessary for the Shoreline
18 Administrative Official to ensure that the proposed activity is
19 undertaken as described in the application and as shown on the
20 site plan. The Shoreline Administrative Official shall note this
21 waiver in the application file.
22 (H) Critical Areas Determination: Based on the findings of the Critical
23 Area Assessment Report and other available relevant information, the
24 Shoreline Administrative Official shall make a determination
25 regarding critical areas on the proposed activity. A determination to
26 approve a proposed activity may include stipulation of binding
27 conditions and required mitigation, monitoring, maintenance or other
28 conditions of approval pursuant to this Chapter. If the Shoreline
29 Administrative Official determines that there are no conditions under
30 which the proposed activity could be approved, then the Shoreline
31 Administrative Official shall deny the proposal.
32 (I) Request for Variance: If, as a result of the critical areas determination,
33 the applicant believes that he or she is eligible for a variance from one
34 or more of the requirements of this Chapter, or one or more of the
35 stipulations or conditions of the critical areas determination, then the
36 applicant may request a variance as described in GCC 24.12.770.
37 (5) Any decision of the Shoreline Administrative Official or other Decision
38 Maker in the administration of this Chapter maybe appealed according to the
39 provisions of GCC 24.12.810, Appeals.
40 (6) For proposed development subject to environmental review pursuant to GCC
41 24.04 and Chapter 197-11 WAC (SEPA Rules), information demonstrating
42 compliance with the standards of this Chapter shall be submitted in
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1 connection with environmental documents. Any environmental determination'
2
shall include a review of this material to determine whether the requirements
3 of this Chapter have been met.
4 (7) For proposed development exempt from or not '
p subject to environmental
S review pursuant to GCC 24.04 and Chapter 197-
p 11 WAC (SEPA Rules),
information nformation demonstratingcompliance with the
p standards of this Chapter shall
7 be submitted in connection with permit or approval application documents.
8 (8) Activities in and around critical areas often require quire review and permitting by
9 state and federal agencies. The requirements of '
q this Chapter are additional to
10 any and all state and federal review, approval,
and/or permit responsibilities.
11 (h) Resource Information and Maps
p
12 (1) Critical areas are designated on a series of data'
maps maintained by the
13 County. These maps contain graphic representation '
14 g p p anon of critical areas based on
the most current, accurate, and complete scientific or technical information
nformation
15 available data obtained b the Count from a
Y y variety of sources considered
16 reliable. Specific sources of data are identified in the relevant sections of this
17 Chapter. The maps may be supplemented with inventories, nventories, raw data, and
18
interpretations made by professionals having expertise in the delineation
19 classification, function and value of one or more critical e critical area.
20 (2) The maps are for information and illustrative
purposes, and are intended to
21 alert a person to the potentialresence of critical
p areas that may affect the
22
ability to obtain regulatory approval to developand/or use the subject
23 b� ect parcel.
The maps are intended as a general guide to the location and extent
o f
24 areas. They do not definitively indicate that critical areas do or do not exist on
25 or near a subject parcel; rather, the denote the '
y presence of indicators that
26 suggest a critical area may bresent on or near
Ye p the subject parcel. They are
27 intended to advise Grant County,a applicants and '
pp other participants in the
28 development permit process that a critical area'
may exist and that further
29 study, review, and consideration may e necessary. ary. In all cases, actual
30 presence or absence of the critical area shall bedetermi'
ned using the most
31 current, accurate, and complete scientific or technical •
p finical information available
32 and shall prevail.
33 (3) The maps and supplemental resource information shall be used by the County
34 in conducting a Preliminary Assessment pursuant to GCC 24.12.5 10
35 (g)(4)(Q. The maps will be used in conjunction with the Grant County
36 Assessor's land based parcel mapping by the Shoreline Administrative
3 � Official in making a Preliminary Determination pursuant to GCC 24.12.510
38 (g)(4)(D) of whether a critical area designation is present on or near the
39 subject parcel. The determination by the Shoreline Administrative Official
40 that (1) a parcel of land or part of a parcel of land that is the subject of a
41 proposed development application is within the boundaries of one or more
42 critical areas as delineated on the critical area maps, or (2) that one or more
43 critical areas as delineated on the critical area maps is within any buffer or
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1 setback distance specified in this Chapter from a parcel of land or part of a
2 parcel of land that is the subject of a proposed development application, shall
3 be sufficient evidence to require the Shoreline Administrative Official to
4 direct an applicant to conduct a Critical Areas Assessment pursuant to GCC
5 24.12.500 (i). Such determination by the Shoreline Administrative Official
6 may be appealed according to the provisions of GCC 25.04 Article X.
7 (4) In addition to those maps and references identified in the relevant sections of
$ this Chapter, the following maps and documents may be used:
9 (A) Critical area maps included in Comprehensive Plans of cities and
10 towns of Grant County;
11 (B) Maps and reference documents in the Grant County SMP Inventory,
12 Characterization and Analysis report, as applicable;
13 (C) U.S.G.S. Topographic Quadrangle Maps;
14 (D) Aerial photos
15 (E) Soil Survey of Grant County, Washington by the United States
16 Department of Agriculture, Soil Conservation Service
17 (F) National Wetland Inventory maps; and
18 (G) WDFW's Priority Habitats &Species maps.
19 (5) Recognizing the necessity for accurate geographic information, the County
20 shall annually update the maps based on inventories conducted by Qualified
21 Critical Areas Professionals, regulatory agencies and other reliable sources of
22 data.
23 (i) Critical Areas Assessments —General Requirements
24 (1) The determination by the Shoreline Administrative Official that one or more
25 critical areas as delineated on the critical area maps are present within 300 feet
26 , of the proposed development activity that is the subject of a proposed
27 development application shall be sufficient evidence to require the Shoreline
28 Administrative Official to direct an applicant to conduct a Critical Areas
29 Assessment to this Chapter.
30 (2) The Shoreline Administrative Official shall notify the applicant of such
31 determination, and the applicant shall complete a Critical Areas Assessment
32 pursuant to the requirements of this Chapter. The notice shall identify the type
33 of critical area identified and shall cite the requirements for Critical Areas
34 Assessment(s) pursuant to this Chapter. The Critical Areas Assessment shall
35 be limited to those types of critical areas determined by the Shoreline
36 Administrative Official to be present as indicated on the critical areas maps.
37 For example, if a Preliminary Determination indicates only the presence of
38 wetlands on or near the proposed development, then the Critical Areas
39 Assessment need only address wetlands. However, nothing in this subsection
40 shall waive an applicant's responsibility to protect any and all critical areas
Grant County Shoreline Master Program 91
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1 that may be present in accordance with this Chapter. In the event of multiple
2 designations, each critical area shall be addressed independently and
3 collectively for the purpose of determining development and use limitations
4 and/or appropriate mitigating measures.
5 (3) While the data maps shall be used as a guide to the location and extent of
6 critical areas, the exact location, extent, functions, and values shall be
7 determined by the applicant based on field investigations and evaluations
g performed by a Qualified Critical Areas Professional as defined in GCC
9 24.12.860, Definitions pursuant to the requirements of this Chapter.
10 (4) Submission of a complete Critical Area Assessment Report(s) required under
11 this Chapter shall be a prerequisite to determination that a development
12 application is counter complete pursuant to GCC 25.04.150.
13 (j) Penalties and Enforcement
14 (1) A person who violates the provisions of this Chapter or who fails to comply
15 with any of its requirements shall be subject to the procedures and sanctions
16 set forth in GCC 24.12.830, Enforcement.
17 24.12.510 General Mitigation Requirements
18 (a) General Mitigation Standards
19 (1) All proposed alterations to critical areas or associated buffers shall require
20 mitigation sufficient to provide for and maintain the functions and values of
21 the critical area or to prevent risk from a critical area hazard and shall give
22 adequate consideration to the reasonable economically viable use of the
23 property. Mitigation of one critical area impact should not result in
24 unmitigated impacts to another critical area. Mitigation may include, but is not
25 limited to: buffers, setbacks, limits on clearing and grading, best management
26 practices for erosion control and maintenance of water quality, or other
27 conditions appropriate to avoid or mitigate identified adverse impacts.
28 (b) Most current, accurate, and complete scientific and technical information available.
29 (1) Any approval of mitigation to compensate for impacts on a critical area or its
30 buffer shall be supported by the most current, accurate, and complete
31 scientific and technical information available.
32 (c) Mitigation
33 (1) Mitigation Sequencing.
34 (A) Mitigation includes avoiding, minimizing or compensating for adverse
35 impacts to regulated critical areas or their buffers, unless part of a
36 restoration plan for significantly degraded wetland or stream buffer.
37 The preferred sequence of mitigation shall be according to GCC
38 24.12.230(b):
39 (2) Mitigation timing. Mitigation shall be completed immediately fallowing
40 disturbances and prior to use or occupancy of the activity or development, or
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1 when seasonally appropriate. Construction of mitigation projects shall be
2 timed to reduce impacts on existing fisheries, wildlife, and water quality.
3 (3) General mitigation requirements. This section provides general mitigation
4 requirements applicable to alteration of critical areas. Additional specific
5 mitigation requirements are found under the sections for the particular type of
6 critical area.
7
(4) Restoration/rehabilitation is required when a critical area or its buffers have
S
9
been altered on a site in violation of Count re '
County regulations prior to development
10
approval, consequence and as a its functions and nd values have been degraded.
11
i
Restoration s also required when the alteration '
q on occurs in violation of County
12
regulations during the construction of an approved development proposal. At
13
a minimum, all impacted areas shall be restored to their previous condition
pursuant to an approved mitigation plan.
g
14
1 5
(5) Restoration/rehabilitation is required when the critical '
q e critical area or its buffers will
be temporarily altered during the construction of an approved development
16
17
proposal. At a minimum, all impacted areas shall hall be restored to their previous
condition pursuant to an approved mitigation pp g plan.
18
19
(6) Compensation. The goal of compensation is n critical p o net loss of critical area and/or
20
buffer functions on a development site. Compensation pensation includes replacement or
21
enhancement of the critical area or its buffer depending the p g on scope of the
22
approved alteration and what is needed to maintain or improve the critical ical area
and/or buffer functions. Compensation for approved critical area o
pp r buffer
23
alterations shall meet the following minimumerformance standards dards and shall
24
occur pursuant to an approved mitigation plan:
25
26
(A) The buffer for a created restored ore critical enhanced critical area proposed
27
as compensation for approved alterations pp , ns shall be the same as the
buffer required for the existingcritical
area. For the purposes of
28
29
restoration, creation, or enhancement, buffers shall be full vegetated
Y g d
30
and shall not include s lawns, walkways, driveways and other m
Y � owed
or paved areas.
31 (B) On -Site and In -Kind. Except as noted b '
p slow or otherwise approved, all
32 critical area impacts shall be compensated p ated for through restoration or
33 creation of replacement areas that are in-kind, n kind, on-site, and of similar or
34 better critical area category. The preferred mitigation on for impacts on
35 Class IV wetlands shall be on-site anMitigation
din -kind.
shall be
36 timed prior to or concurrent with the approved alteration and shall
37 have a high probability of success.
38 (C) Off -Site and In -Kind. The Shoreline Administrative Official may
39 consider and approve off-site compensation where the applicant
40 demonstrates that greater biological and hydrological functions and
41 values will be achieved: The preferred location for off-site mitigation
42 is areas within or adjoining designated fish and wildlife habitat
43 corridors. The compensation may include restoration, creation, or
Grant County Shoreline Master Program
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1 enhancement of critical areas. The compensation ratios specified under
2 the "on-site" compensation section for each critical area shall apply for
3 off-site compensation as well. The Shoreline Administrative Official
4 may request contractual linkage to the off-site parcel to ensure its
5 availability and landowner willingness. of
6 (D) Increased Replacement Ratios. The Shoreline Administrative Official
7 may increase the ratios under the following circumstances:
g (i) Uncertainty exists as to the probable success of the proposed
9 restoration or creation due to an unproven methodology or
10 proponent; or
11 (ii) A significant period will elapse between impact and replication
12 of critical area functions; or
13 (iii) The impact was unauthorized.
14 (E) Decreased Replacement Ratios. The Shoreline Administrative Official
15 may decrease the ratios required in the "on-site" ratios specified under
16 the compensation section of each critical area when all the following
17 criteria are met:
18 (i) A minimum replacement ratio of 1:1 will be maintained;
19 (ii) Documentation by a qualified professional demonstrates that
20 the proposed mitigation actions have a very high rate of
21 success;
22 (iii) Documentation by a qualified professional demonstrates that
23 the proposed mitigation actions will provide functions and
24 values that are significantly greater than the critical area being
25 impacted; and
26 (iv) The proposed mitigation actions are conducted in advance of
27 the impact and have been shown to be successful.
28 (7) Critical Area Enhancement as Mitigation.
29 (A) Impacts on wetland and stream functions may be mitigated by
30 enhancement of existing significantly degraded areas. Applicants
31 proposing to use enhancement must produce a Critical Areas
32 Assessment that identifies how enhancement will increase the
33 functions of the degraded resource and how this increase will
34 adequately mitigate for the loss of critical area and its function at the
35 impact site. An enhancement proposal must also show whether
36 existing critical area functions will be reduced by the enhancement
37 actions.
38 (8) Monitoring.
39 (A) The county requires long-term monitoring of development proposals,
40 unless otherwise accepted where alteration of critical areas or their
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1
2
buffers are approved. Such monitoring shall be an element of the
3
required mitigation plan and shall document and track impacts of
development on the functions and values of critical areas, and the
4
5
success and failure of mitigation requirements. Monitoring may
include, but is not limited to:
6
7
(i) Establishing vegetation transects or plots to track changes in
plant species composition over time;
g
(ii) Using aerial or other photography to evaluate vegetation
9
community response;
10
11
(iii) Sampling surface and ground waters to determine pollutant
loading;
12
13
(iv) Measuring base flow rates and stormwater runoff to model and
evaluate water quantity predictions;
14
(v) Measuring sedimentation rates;
15
(vi) Sampling fish and wildlife populations to determine habitat
16
utilization, species abundance, and diversity; and
17
(vii) Sampling of water temperatures for wetlands and streams.
18
19
(B) The county may require that a qualified professional, at the direction
20
of the county and at the applicant's expense, monitor the development
21
proposal site during construction and for a sufficient period of time
22
after construction to ensure satisfactory mitigation of impacts on the
23
critical area. The qualified professional shall monitor per the
24
provisions outlined in the approved mitigation plan based on the
25
conditions or restrictions imposed by the county and such
administrative rules as the planning official shall prescribe.
26
27
(C) Performance Bond. Prior to issuance of any permit or approval that
28
authorizes site disturbance, the Shoreline Administrative Official may
29
require performance security as specified in GCC 24.12.510 (e),
Mitigation Security.
30 (9) Contingencies/adaptive management. When monitoring reveals a significant
31 deviation from predicted impacts or a failure of mitigation measures, the
32 applicant shall be responsible for appropriate corrective action. Contingency
33 plans developed as part of the original mitigation plan shall apply, but maybe
34 modified to address a specific deviation or failure. Contingency plan measures
35 shall be subject to the monitoring requirement to the same extent as the
36 original mitigation measures.
37 (10) All proposed mitigation shall be included in the Critical Area Assessment.
38 Proposed mitigation shall include:
39 (A) A description of specific proposed mitigation, including a delineation
40 of critical areas lost and critical areas gained;
Grant County Shoreline Master Program
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1 (B) An analysis of avoidance, minimization, reduction, and compensation
2 of impacts to achieve no net loss of ecological functions;
3 (C) An analysis of how the proposed mitigation will maintain the critical
4 area function and values;
5 (D) A statement of any ongoing monitoring and/or inspection measures
6 and schedule that may be required, including specification of method
7 and frequency of submittal of reports on results to County;
g (E) A statement of any required critical area expertise necessary to install,
9 monitor, or inspect the proposed mitigation; and
10 (F) A listing of any other security required to ensure performance and/or
11 maintenance of the proposed mitigation.
12 (11) The Shoreline Administrative Official shall make the final determination
13 regarding required mitigation. Required mitigation shall be included in an
14 approved mitigation plan.
15 (d) Buffers
16 (1) As described in more detail in each relevant section, buffers have In some
17 cases been determined to be necessary a • °
and appropriate to protect cntical areas
is and their functions or torevent risk from '
p m a critical area hazard. In those
19 sections of this Chapter where specific b '
p p buffers are identified, those buffers are
20 deemed "required" or "standard" buffers.'
If a project or activity does not
21 propose any alteration of those buffers or '
of the associated critical area, then
22 no additional mitigation will be required to protect the critical area.
23
(2) If, however, based on unique features of critical q he particular cntical area or its
24
buffer or of the proposed development, t
p p he Shoreline Administrative Official
25
determines that additional buffers and/or' ' '
mitigation measures beyond these
26
standard buffers are necessaryto de
adequately e1y protect the function of the critical
27
area or to prevent risk of a hazard from thecritical cntical area, the Shoreline
ZS
Administrative Official may impose such additional ' '
y p h additional mitigation requirements,
29
.
provided the Shoreline Administrative Official fficlal can demonstrate, based on the
30
most current, accurate, and complete scientific ntlfic or technical information
31
available, why that additional mitigation or buffering is required red to adequately
32
protect the critical area function or to re •
prevent hazard from a critical area.
33
(3) If portions of a parcel that contain a
. p ro posed development activity have not
34
had their critical areas and associated buffers'
delineated because they were
35
outside the project or area affected b the'
by project, pursuant to GCC 24.12.500
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1 (g), General Review Procedures, then further critical area assessments maybe
2 required in the future prior to any change in use or development activity for
3 that portion of the site.
4 (4) The critical areas assessments and the conditions of approval shall provide for
5 long-term buffer protection. Regarding land division critical
• g g division, critical areas and their
6 associated buffers may be laced in separate p p tracts to be owned by all lot
7 owners in common, by a homeowners' association, or some other separate
8 legal entity such as a land trust. However, critical areas and/or buffers
9 identified and defined in this Chapter do not '
p require any provisions for public
10 access, and appropriate restrictions may beincluded in the easement or title
11 documents. Critical areas and/or buffers identified ntified are, however subject to
12 periodic inspection by the Shoreline Admin' '
Administrative Official, upon prior
13 notification to the landowner, to ensure long-term g term protection.
14 (e) Mitigation Security
15 (1) The Shoreline Administrative Official shall'
have the discretion to withhold
16 issuance of a developmentermit or approval mitigation p pp al until required mitigation has
17 been completed. Alternative) the Shoreline '
Y' e dmini strative Official may
18 require a refundable cash payment that will '
19 p Y ensure compliance with the
approved mitigation plan if there will be activity monitoring or
20 maintenance) or construction to takelace after fter the issuance of the County's
21 permit or other approval. The amount of the
cash payment shall not exceed
22 150 percent of the estimated cost of the uncompleted actions or construction
23 as determined by the Shoreline Administrative Official. When the Shoreline
24 Administrative Official determines that the' '
mitigation plan has been
25 successfully completed, the casha ment shall p y all be refunded to the applicant. If
26 the mitigation plan is not successfully completed, p eted, the County shall be entitled
27 to keep all or part of the casha ment to the
28 p Y extent necessary to rectify the
deficiencies regarding the completion of the
mitigation plan.
g
29 (f) Protection of Designated Critical Areas
30 (1) Identification and Recording of Critical Areas.
Approval of development
31 projects and other land use activities that re '
quire a Critical Areas Assessment
32 pursuant to GCC 24.12.500(i),shall be sub' ' subject to the identification and
33 designation of all critical areas and their buffers identified in the assessment
34 process. Each critical area shall be clearly defined and labeled to show
35 calculated area, and type and/or class of crib '
p cal area within each lot. The
36 Shoreline Administrative Official shall require q re of the applicant that such
37 designated critical areas be recorded on the final plat map or site plan clearly
38 showing the locations of critical areas existing vegetation, and buffers.
39 (2) Construction Marking: During construction visible,
. g ,clearly visible, temporary
40 marking such as flaggingand staking, shall '
g, be installed and maintained along
41 the outer limits of thero osed site disturb •
p p disturbance outside of the critical area.
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1 Such field markings maybe field -approved by the Shoreline Administrative
2 Official prior to the commencement of permitted activities. Markings shall be
3 maintained throughout the duration of any construction activities.
4 (3) Mitigation Signing and Fencing: The Shoreline Administrative Official may
5 require permanent signing and/or fencing where it is determined a necessary
6 component of a mitigation plan. The intent of this subsection is to provide
7 clear and sufficient notice, identification, and protection of critical areas on -
8 site where damage to a critical area or buffer by humans or livestock is
9 probable due to the proximity of the adjacent activity.
10 (4) Sign, Marker and Fence Maintenance: It shall be the responsibility of the
11 landowner to maintain, including replacement of, the markers, signs, and
12 fences required under this Chapter in working order throughout the duration
13 of the development project or land use activity. Removal of required markers,
14 signs, and fences without written approval of the Shoreline Administrative
15 Official shall be considered a violation of this Chapter.
16 24.12.520 Wetlands
17 (a) Identification and Designation
18 (1) Wetlands shall be identified and designated based on the definitions, methods
19 and standards set forth in the currently approved Federal Wetland Delineation
24 Manual and supplements. Wetland delineations are valid for 5 years, after
21 such date the County shall determine whether additional assessment is
22 necessary.
23 (b) Maps and References
24 (1) In addition to the Critical Areas Checklist prepared by the applicant and any
25 site reconnaissance conducted by the County, the Shoreline Administrative
26 Official shall use the following maps and references to assist in making a
27 Preliminary Determination pursuant to GCC 24.12.500 (g), General Review
28 Procedures:
29 (A) Wetlands mapped under the National Wetland Inventory by the U.S.
30 Department of Interior; Fish and Wildlife Service;
31 (B) Washington State Department of Fish and Wildlife Priority Habitat
32 and Species (PHS) maps;
33 (C) Maps and reference documents in the Grant County SMP Inventory,
34 Analysis, and Characterization report, as applicable;
35 (D) Approved Federal Wetlands Delineation Manual and applicable
36 regional supplements as listed below or as subsequently updated by the
37 U.S. Annv Corps of Engineers or Washington State Department of
38 Ecolo�v; _
39 (i) U.S. Army Corps of Engineers. 2008. Regional Supplement to
40 the Corps of Engineers Wetland Delineation Manual: Arid
Grant County Shoreline Master Program 98
DRAFT REDLINES FOR REVIEW
914January 2023
1 West 2. Re iong (Version 0), ed. J. S. Wakeley, R. W. Lichvar
2 and C. V. Noble. ERDCU.S.'
/EL TR -08-28. Vicksburg, MS: U
3 Arm Engineer Research
Y g and Development Center.
4 (E) Washington State Wetlands Rating System for Eastern Washington
5 (Annotated Version), Washington g n State Department of Ecology
6 Publication No. #04-06-018,
6 018, June 2014;
7 (F) Wetland Mitigation in Washington —
8 g gt n State Parts 1 and 2, Washington
De .
Department of Ecology Publication #06-06-011a and b March 2006 •
and
10 (G) Wetlandsreviousl identified p y through the methodology specified
11 under GCC 24.12.520.a, Wetlands — Identification and Designation,
12 for another development permit p p t or approval application.
13 (c) Classification
14 (1) Wetland Rating Classes shall be as follows:
•
15 (A) Category I Wetlands: Those wetlands scoring a Category I ratan
16 under the Washington State g
g Department of Ecology (Ecology)
17 Washin ton State Wetlands Rat' •
ing System for Eastern Washington
18 Annotated Version Publicatio
n #04-06-018 June 2014, as may be
19 amended in the future(hereinafter Ystem referred to as the EcologyWetlands
20 RatingS •
)�
21 (B) Category II Wetlands: Those wetlands scoring a Category II ratan
22 under the Ecology Wetlands Rating System; g
23 (C) Category III Wetlands: Those wetlands scoring a Category III ratan
24 under the Ecology s WetlandRating System; and g
25 (D) Category IV Wetlands: Those
wetlands scoring a Category IV ratan
26 under the EcologyWetlands Ra • g
ting System.
27 (E) Irrigation -influenced Wetlands:
Those wetlands that have resulted
28 from Columbia Basin Project• i '
29 irrigation system development and
irrigated agriculture and that are not intentionally created. These
30
wetlands are to be classified per Wetland Rating Classes Categories I-31 IV.
32 (F) Intentionally Created Artificial Wetlands: Wetlands and former
33 wetland areas not regulated are those intentionally created artificial
34 wetlands, or irrigation -influences wetlands that have dried up and are
35 no longer functioning as a wetland due to changes in farming
36 practices, or irrigation supply management and/or conservation
37 measures.
Grant County Shoreline Master Program 99
DRAFT REDLINES FOR REVIEW
S�nntlaafeshor 'iii'1 /1January 2.023
1 (d) Site Assessment Requirements
2
3
(1) The Shoreline Administrative Official shall conduct a Preliminary Assessment
4
pursuant to GCC 24.12.500 (g) using maps and references identified in GCC
16
24.12.520 (b).
5
6
(2) If the Shoreline Administrative Official has reason to believe that a wetland
7
may exist within 200 feet of a proposed development activity, a written
determination regarding the existence or nonexistence
g
of wetlands within 200
feet of said proposed development activity must be submitted to the County
9
10
by the applicant. Only written determinations prepared by the U.S. Army
11
Corps. of Engineers, the Washington State Department of Ecology, ural
Natll
12
Resources Conservation Service, or a Qualified Wetlands Professional nal
24
be accepted.
13
14
(3) If it is determined that a wetland exists, a site assessment report must be
15
submitted to the Department by the applicant when an activity regulated under
16
this Chapter is proposed within two hundred (200) feet of the boundary of a
17
wetland. Only a site assessment report prepared by the U.S. Army Corps of
Engineers, Washington Department of Ecology, Natural Resources
18
19
Conservation Service, or a Qualified Wetlands Professional who has been
approved by the Department of Community Development shall be accepted.
20
21
(4) The site assessment report at a minimum shall cover the subject parcel and all
22
area within 200 feet of a proposed development activity. If the applicant
23
cannot obtain permission for access to properties within 200 feet of the
24
proposed development activity then an approximation of the extent of off-site
wetlands within 200 feet of the proposed development activity maybe
25
26
completed based on aerial interpretation and/or visual observation from
nearby vantage points.
27
(5) The site assessment report shall include the following information:
28
(A) The name and contact information of the applicant; the name,
29
30
qualifications, and contact information for the primary author(s) of the
31
wetland critical area report; a description of the proposal;
32
identification of all the local, state, and/or federal wetland -related
permit(s) required for the project; and a vicinity map for the project.
33
34
(B) A statement specifying the accuracy of the report and all assumptions
made and relied upon.
35
36
(C) Documentation of any fieldwork performed on the site, including field
37
data sheets for delineations, function assessments, baseline hydrologic
data, etc.
38
(D) A description of the methodologies used to conduct the wetland
39
40
delineations, function assessments, or impact analyses including
references.
Grant County Shoreline Master Program 100
DRAFT REDLINES FOR REVIEW
colz+o hor X)"January 2023
.�
1 (E) Identification and characterization of all critical areas, water
z
j
bodies, shorelines, floodplains, and buffers on or adjacent to the
3
proposed project area. For areas off site of the project site estimate
4 .. p J
conditions within 300 feet of the project boundaries using the best
es t
5
available information.
6
7
(F) For each wetland identified on-site and within 200 feet of the project
$
site provide: the wetland rating per Wetland Ratings, GCC 24.12.520
9
(c); required buffers; hydrogeomorphic classification; wetland acreage
10
based on a professional survey from the field delineation (acreages for
11
on-site portion and entire wetland area including off-site portions);
12
Cowardin classification of vegetation communities; habitat elements;
soil conditions based on site assessment and/or soil survey
13
14
information; and to the extent possible, hydrologic information such as
15
location and condition of inlet/outlets (if they can be legally accessed),
16
estimated water depths within the wetland, and estimated hydroperiod
17
patterns based on visual cues (e.g., algal mats, drift lines, flood debris,
is
etc.). Provide acreage estimates, classifications, and ratings based on
19
entire wetland complexes, not only the portion present on the proposed
project site.
20
(G) A description of the proposed actions including an estimation of
21
22
acreages of impacts to wetlands and buffers based on the field
23
delineation and survey and an analysis of site development alternatives
including a no -development alternative.
24
25
(H) An assessment of the probable cumulative impacts to the wetlands and
buffers resulting from the proposed development.
26
(I) A description of reasonable efforts made to apply mitigation
27
28
sequencing pursuant to Mitigation Sequencing (GCC 24.12.230 (b)) to
avoid, minimize, and mitigate impacts to critical areas.
29
30
(J) A discussion of measures, including avoidance, minimization, and
31
compensation, proposed to preserve existing wetlands and restore any
32
wetlands that were degraded prior to the current proposed land -use
activity.
33
(K) A conservation strategy for habitat and native vegetation that
34
35
addresses methods to protect and enhance on-site habitat and wetland
functions.
36
(L) An evaluation of the functions of the wetland and adjacent buffer.
37
Include reference for the method used and data sheets.
38
(M) A proposed mitigation plan pursuant to GCC 24.12.520 (g).
Grant County Shoreline Master Program 101
DRAFT REDLINES FOR REVIEW
cer,+or,,,hor dalanuary 2023
1 (6) A copy of the site plan sheet(s) for the project must be included with the
2 written report and must include, at a minimum:
3 (A) Maps (to scale) depicting delineated and surveyed wetland and
4 required buffers on-site, including buffers for off-site critical areas that
5 extend onto the project site; the development proposal; other critical
6 areas; grading and clearing limits; areas of proposed impacts to
7 wetlands and/or buffers (include square footage estimates);
$ (B) A depiction of the proposed stormwater management facilities and
9 outlets (to scale) for the development, including estimated areas of
10 intrusion into the buffers of any critical areas. The written report shall
11 contain a discussion of the potential impacts to the wetland(s)
12 associated with anticipated hydroperiod alterations from the project.
13 (e) Alteration and Impacts ef-to Wetlands
14 (1) A regulated wetland or its required buffer can only be altered if the wetlands
15. site assessment pursuant to GCC 24.12.520 (d) shows that the proposed
16 alteration does not degrade the quantitative and qualitative functioning of the
17 wetland, or any degradation can be adequately mitigated to protect the
18 wetland function, and maintain no net loss of wetland functions and values as
19 a result of the overall project. Any alteration approved pursuant to this Section
20 shall include mitigation necessary to mitigate the impacts of the proposed
21 alteration on the wetland as described in GCC 24.12.520 (g), below.
22 (2) The following activities are regulated if they occur in a regulated wetland or
23 its buffer:
24 (A) The removal, excavation, grading, or dredging of soil, sand, gravel,
25 minerals, organic matter, or material of any kind.
26 (B) The dumping of, discharging of, or filling with any material.
27 (C) The draining, flooding, or disturbing the water level or water table.
28 (D) Pile driving.
29 (E) The placing of obstructions.
30 (F) The construction, reconstruction, demolition, or expansion of any
31 structure.
32 (G) Activities that result in:
33 (i) A significant change in water temperature
34 (ii) A significant change of physical or chemical characteristics of
35 the sources of water to the wetland.
36 (iii) A significant change in the quantity, timing, or duration of the
37 water entering the wetland.
38 (iv) The introduction of pollutants
Grant County Shoreline Master Program 102
DRAFT REDLINES FOR REVIEW
-per A. a n u a ry 202 3
1 (3) Storm water discharge: Storm water discharges to
g wetlands shall be controlled
2 and treated to provide all known and reasonable methods of prevention,
3 control, and treatment as mandated in the State Water Quality Standards,
4 Chapter 173-201 A WAC, as required b state law, '
q y ,and consistent with the
5 Ecology Stormwater Manual for Eastern Washington. g on. Changes in hydrology
6 that negatively impact functions of a wetland shall
not be permitted, except
7 for intentionally created artificial wetlands or irrigation
Influences wetlands
8 that have been modified so that it no longer has w °
g wetland characteristics due to
9 changes in farming practices or irri irrigation supply
gmanagement and/or
10 conservation measures. Potential changes may g y include, but not be limited to
11 flooding of plant communities resultingin h
changes in composition, flooding
12 of nests, or associated drawdowns that dehydrate y nests, particularly amphibian
13 eggs.
14 (4) Exceptions to Mitigation Requirements: Re mitigation q Requirements for mitigation do not
15 apply under the following circumstances:
16 (A) When a wetland alteration is intended exclusively for the
17 enhancement, rehabilitation or restoration'
of an existing regulated
18 wetland and thero osal will not result i
p p n a loss of wetland function
19 and value, subject to the following conditions:
conditi •
20 (i) The enhancement or restoration
project shall not be associated
21 with a development activit • and
p Y9
22(ii) () An enhancement or restoration plan shall be submitted
site
23 d f
plan review. The restoration or enhancementlan must
24 p
include the information required under GCC 24.12.520(d).
25 (B) When an artificial wetland is intentionally created from anon -wetland
26 site, or a former irrigation influences wetland '
g nd was modified so that it
27 no longer has wetland characteristics due'
to changes in farming
28 practices or irrigation supply 1 management g and/or conservation
29 measures.
30 (fl Protection Standards
31 (1) Wetland Buffers
32 (A) Wetland buffer zones shall be required for all regulated activities
33 adjacent to regulated wetlands. Any wetland created, restored, or
34 enhanced as compensation for approved wetland alterations shall also
35 include the standard buffer required for the category of the created,
36 restored, or enhanced wetland.
37 (B) Buffers shall not include areas that are functionally and effectively
38 disconnected from the wetland by a road or other substantially
39 developed surface of sufficient width and with use characteristics such
40 that buffer functions are not provided.
Grant County Shoreline Master Program 103
DRAFT REDLINES FOR REVIEW
l anua_ry 2023
1
2
(C) Standard buffer widths. The standard buffer widths are based on wetland
3
category, intensity of impacts, and wetland functions or special
characteristics. The buffer is to be
4
5
vegetated with native plant
communities that are appropriate for the site conditions. If vegetation in
6
the buffer is disturbed (grazed or mowed), applicants planning changes
7
to land that will increase impacts to wetlands need to rehabilitate the
buffer with native plant communities that
g
9
are appropriate for the site
conditions. Wetland buffers shall not be mowed. The width of the buffer
is measured in horizontal distance.
10
11
(D) Measurement of wetland buffers. All buffers shall be measured on the
12
horizontal from the wetland boundary as surveyed in the field. The width
13
of the wetland buffer shall be determined according to the proposed land
14
use (Table 24.12.520 (0(1)(D)-1) and wetland category (Table
24.12.520 (f)(1)(D)-2).
15
16
(E) Impacts to Buffers. Requirements for the compensation for impacts to
buffers are outlined in GCC 24.12.520 (g)•
17
18
Grant County Shoreline Master Program
DRA 104
FT REDLINES FOR REVIEW
�amtornhior_ :2,4J a r� u a ru 2 CJ 2 3
Table 24.12.520 (f)(1)(D)-1. Land Use Intensity Table
Level of Impact from
Proposed Change in Land Use Types of Land Use Based on Common Zoning Designations
nations
• Commercial
• Urban
• Industrial
High • Institutional
• Retail sales
• Residential (more than 1 unit/acre)
• High-intensity recreation (golf courses, ball fields, etc.)
• Residential (1 unit/acre or less)
• Moderate -intensity open space (parks with biking, jogging, etc.)
Moderate • Paved driveways and gravel driveways serving 3 or more residences
• Paved trails
• Low -intensity open space (hiking, bird -watching, preservation of
natural resources, etc.)
• Timber management
Low • Gravel driveways serving 2 or fewer residences
• Unpaved trails
• Utility corridor without a maintenance road and little or no vegetation
management.
Table 24.12.520 (f)(1)(D)-2. Suffer Widths
Grant County Shoreline Master Program 105
DRAFT REDLINES FOR REVIEW
a2.84J a n ua r�r 2023
Other Measures
Buffer Width by Impact of
Recommended for
Wetland Characteristics
Proposed Land Use
Protection
Moderate level of function for habitat
Low - 75 ft
Moderate - 110 ft
No recommendations at this
(score for habitat 20-28 points)
time
High -150 ft
High level of function for water
quality improvement and low for
Low- 50 ft
No additional surface
habitat (score for water quality 24-
Moderate - 75 ft
discharges of untreated
g
32 points; habitat less than 20
High - 100 ft
g
runoff
points)
Riparian forest wetlands
need to be protected at a
Buffer width to be based on score
watershed or subbasin scale
Riparian forest
for habitat functions or water
quality functions
Other protection based on
needs to protect habitat
and/or water quality
functions
Low - 50 ft
Not meeting above characteristic
Moderate - 75 ft
No recommendations at this
High - 100 ft
time
Low - 100 ft
Moderate - 150 ft
High - 200 ft;
Or develop a regional plan to
vernal pool
protect the most important vernal
No intensive grazing or
pool complexes - buffers of vernal
tilling of wetland
pools outside protection zones can
then be reduced to:
Low - 40 ft
Moderate - 60 ft
High - 80 ft
Category I Wetlands (For wetlands that score 22 points or more for all functions or havingthe
"Special
Characteristics"identified in the ratiog' system)
No additional surface
discharges to wetland or its
Low - 125 ft
tributaries.
Natural Heritage Wetlands
Moderate -190 ft
No septicsY stems within
High - 250 ft
300 ft of wetland.
Restore degraded parts of
buffer.
High level of function for habitat
Low -100 ft
Restore degraded parts of
(score for habitat 29-36 points)
Moderate -150 ft
High - 200 ft
buffer.
Maintain connections to
other habitat areas
Moderate level of function for habitat
Low - 75 ft
Moderate -110 ft
No recommendations at this
(score for habitat 20-28 points)
time
High - 150 ft
Grant County Shoreline Master Program
106
DRAFT REDLINES FOR REVIEW
ar+_ -.,J
Canuary 223
Buffer Width by Impact of
Wetland Characteristics Proposed Land Use
High level of function for water
quality improvement (24-32 points) Low - 50 ft
and low for habitat (less than 20 Moderate - 75 ft
points) High -100 ft
Low - 50 ft
Not meeting above characteristics Moderate - 75 ft
High - 100 ft
Other Measures
Recommended for
Protection
No additional surface
discharges of untreated
runoff
No recommendations at this
time
2 (2) Buffer Width Averaging: The width of a buffer for Category I, Category II, or
3 Category III wetlands may be averaged, thereby reducing the width of a
4 portion of the buffer and increasing the width of another portion, if all of the
5 following requirements are met:
6 (A) Buffer averaging is necessary to avoid hardship to the person seeking
7 this option which is caused by circumstances peculiar to the property,
g _ is necessary to accomplish the purposes of the proposed development
9 or land use activity, and no reasonable alternative is available;
10 (B) The wetland has significant differences in characteristics that affect its
11 habitat functions, such as a wetland with a forested component
12 adjacent to a degraded emergent component ora "dual -rated" wetland
13 with a Category I area adjacent to a lower -rated area.
14 (C) The wetland contains variation in sensitivity due to existing physical
15 characteristics, as confirmed in a Critical Areas Assessment, and the
16 reduction from standard buffer widths will occur only contiguous guousto
17
the area of the wetland determined to be least sensitive;
18 (D) Buffer width averaging will not adversely impact wetland functions
19 and values;
20 (E) The total area contained within the wetland buffer after averaging is
21 not less than the total area of the buffer which would have been
22 required if buffer averaging was not allowed; and
23 (F) No part of the buffer is reduced by more than -
thirtfive(35)y percent
24
of the standard buffer width or 25 feet, whichever is greater and no net
25 loss of ecological functions are achieved.
26 (3) Buffer Width Measurement: Wetland buffers shall be measured horizontally
27 in a landward direction from the wetland edge, as delineated in the field,
28 pursuant to the requirements of GCC 24.12.520 (d). Where a wetland is
29 located within 25 feet of the toe of slopes of 25 percent or greater, the buffer
30 shall be increased to include such sloping areas and the tops of slopes
31 determined to be Erosion Hazard Areas as defined in GCC 24.12.550 (a).
Grant County Shoreline Master Program
107
DRAFT REDLINES FOR REVIEW
�e -r- -W.A. anuary 2023
1
2
(4) Any wetland created, restored or enhanced'
as compensation for approved
3
wetland alterations shall also include the standard'
buffer required for the
category of the created, restored or enhanced wetland.
4
5
(5) Temporary Buffer Alterations: Buffers shall'
not be disturbed. However, where
6
temporary buffer disturbance has or will occur in conjunction with approved
7
permitted activities, restoration including'
replanting with adapted species as
8
recommended by the Washington State De
g Department of Ecology and/or Fish
and Wildlife, shall be required.
9
10
(6) It an applicant proposes to decrease or alter'
a required buffer or alter a
11
wetland, the applicant shall demonstrate why such buffer and/or wetland
12
modification, together with such alternate mitigation alternative mitigation proposed In the
13
wetland area assessment is sufficient to adequately protect the wetland
functions and values.
14
15
(7) Roads, bridges and utilities: Road bridgeutility and utility maintenance, repair and
16
construction may beermitted across wetland tland buffers under the following
conditions:
17
18
(A) It is demonstrated to the Shoreline Administrative Official that there
19
are no alternative routes that can be reasonably used to achieve the
proposed development;
20
21
(B) The activity will have minimum or temporary adverse impact to the
wetland area;
22
(C) The activity will not significantly g y degrade surface or groundwater; and
23
24
(D) Road maintenance repair and construction ruction shall be the minimum
necessary to provide safe traveling surfaces,
25
In making such determination the Shoreline Administrative Official may
26
solicit and may consider comments and recommendationsro '
p vlded by the
27
Washington Departments of Ecology,and '
Fish and Wildlife, and any
28
Technical Interdisciplina Team artici '
�`Y p pating in review for the proposed
29
development.
30 (8) Allowed Buffer Uses. The following uses maybe allowed within a wetland
31 buffer in accordance with the review procedures of this Chapter, provided
32 they are not prohibited by any other applicable law and they are conducted in
33 a manner so as to minimize impacts to the buffer and adjacent wetland:
34
35
36
37
38
39
(A) Conservation and Restoration Activities. Conservation or restoration
activities aimed at protecting the soil, water, vegetation, or wildlife.
(B) Passive recreation. Passive recreation facilities designed and in
accordance with an approved critical area report, including:
(i) Walkways and trails, provided that those pathways are limited
to minor crossings having no adverse impact on water quality.
Grant County Shoreline Master Program 108
DRAFT REDLINES FOR REVIEW
ger 2n'1 "Januar % 2023
1
2
They should be generally parallel to the perimeter of the
3
wetland, located only in the outer twenty-five percent (25%) of
4
the wetland buffer area, and located to avoid removal of
5
significant trees. They should be limited to pervious surfaces
6
no more than five (5) feet in width for pedestrian use only.
7
Raised boardwalks utilizing non -treated pilings maybe
acceptable.
g
(ii) Wildlife -viewing structures.
9
(C) Educational and scientific research activities.
10
11
(D) Normal and routine maintenance and repair of any existing public or
12
private facilities within an existing right-of-way, provided that the
13
maintenance or repair does not increase the footprint or use of the
facility or right-of-way.
14
15
(E) The harvesting of wild crops in a manner that is not injurious to
16
natural reproduction of such crops and provided the harvesting does
17
not require tilling of soil, planting of crops, chemical applications, or
alteration of the wetland by changing existing topography, water
18
conditions, or water sources.
19 (F) Drilling for utilities/utility corridors under a buffer, with entrance/exit
20 portals located completely outside of the wetland buffer boundary,
21 provided that the drilling does not interrupt the ground water
22 connection to the wetland or percolation of surface water down
23 through the soil column. Specific studies by a hydrologist are
24 necessary to determine whether the ground water connection to the
25 wetland or percolation of surface water down through the soil column
26 is disturbed.
27 (G) Enhancement of a wetland buffer through the removal of non-native
28 invasive plant species. Removal of invasive plant species shall be
29 restricted to hand removal. All removed plant material shall betaken
30
31 away from the site and appropriately disposed of. Plants that appear
on the Washington State Noxious Weed Control Board list of noxious
32 weeds must be handled and disposed of according to a noxious weed
33
34 control plan appropriate to that species. Revegetation with appropriate
native species at natural densities is allowed in conjunction with
35 removal of invasive plant species.
36 (H) Stormwater Management Facilities. Stormwater management facilities
37 are limited to stormwater dispersion outfalls and bioswales. They may
38 be allowed within the outer twenty-five percent (25%) of the buffer of
39 Category III or N wetlands only, provided that:
40 (i) No other location is feasible; and
41 (ii) The location of such facilities will not degrade the functions or
42 values of the wetland.
Grant County Shoreline Master Program
109
DRAFT REDLINES FOR REVIEW
_......4 -.January 2023
I1 Stormwater management facilities are not allowed in buffers of
2 Category I or II wetlands_
3 (I) Establishment of Limits of Clearing: The location of the outer extent
4 of the wetland buffer shall be permanently marked as specified in
5 GCC 24.12.520 (d). The limits of the areas to be disturbed shall also
6 be marked in the field as specified in GCC 24. 12.520 (d).
7 (J) Non -Conforming Uses. Repair and maintenance of non -conforming
g uses or structures, where legally established within the buffer,
9 provided they do not increase the degree of nonconformity.
10 (g) Mitigation
11 (1) Compensatory Mitigation Plan. Where mitigation is required pursuant to GCC
12 24.12.510 (c), the applicant shall prepare a Mitigation Plan. The Mitigation
13 Plan shall follow the general requirements described herein below and
14 Wetland Mitigation in Washington State —Part 2: Developing Mitigation
15 Plans (Version 1), Washington Department of Ecology (Publication #06-06-
16 011 b, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a
17 Watershed Approach (Eastern Washington) (Publication #10-06-07, November
18 2010, or as revised). The following items at a minimum are required as part of
19 a mitigation plan:
20 (A) Description of project or activity, including a detailed narrative
21 describing the project or activity, its relationship to the wetland and its
22 potential impact to the wetland; and
23 (B) Any proposed mitigation, including a discussion of how the project
24 has been designed to avoid and minimize adverse impacts to wetlands,
25 as well as the necessary monitoring and contingency actions for the
26 continued maintenance of the wetland and its associated buffer.
27 (C) A report which includes, but is not limited to:
28 (i) Location maps;
29 (ii) A site map prepared at a scale no smaller than one inch = 200
30 feet indicating the boundaries of the identified wetlands; the
31 width and length of all existing and proposed structures,
32 utilities, roads, easements; wastewater and stormwater
33 management facilities; adjacent land uses, zoning districts,
34 and comprehensive plan designations;
35 (iii) A description of the vegetation in the wetland, on the overall
36 project site, and adjacent to the site. A description of the
37 existing wetland and buffer areas proposed to be impacted;
38 (iv) A discussion of any federal, state, or local wetland -related
39 permits required for the project;
40 (v) A discussion of the following mitigation alternatives as they
41 relate to the proposal:
Grant County Shoreline Master Program 110
DRAFT REDLINES FOR REVIEW
Septra bob 2n14January 2023
1
a. Avoiding the impact altogether by not takinga certain
2
action or parts of an action;
3
b. Minimizing impacts by limiting ng the degree or magnitude of
4
the action and its implementation, p mentation, by using appropriate
5
technology,b taking ory g affirmative steps to avoid or
6
reduce impacts;
7
c. Rectifying the impact by repairing, rehabilitating, or
8
restoring the affected environment;
9
d. Compensating for functions affected by the proposed
10
with the intention '
project, tion to achieve functional
11
equivalency or improvement of functions.;
12
13
(vi) Include a description of the mitigation
p e compensatory mitigation site,
including location and rationale for selection. Describe how
�'
15
preferred order of wetlands mitigation was followed: 1 )
16
restoration (including reestablishment and rehabilitation 2)
)
17
creation (establishment), 3) enhancement in combination with
18
restoration or creation and 4) preservation of high-quality, at
19
risk wetlands. Include an assessment of existing conditions
20
and estimate future conditions if actions are not undertaken.
21
Describe the proposed actions '
p p ons for compensating wetland and
22
upland areas affected b the '
y e prod ect. Include the overall goals
23
proposed of the ro d miti ation
p p mitigation, including targeted functions.
24
Describe the proposed mitigation
p p construction activities and
25
timing of activities, along with a detailed discussion of
26
ongoingmanagement and
mana g monitoring practices which will
27
protect the wetland after the project site has been full y
28
developed, i g
p including proposed monitoring,
, contingency,
maintenance and surety programs; and
29
30
(vii) Proposed mitigation ratios
p g , including a discussion of functions
31
and values of and the variety'
of habitats provided by the
32
proposed replacement wetland. and. To more fully protect
3 3
functions and values and as
� an alternative to the mitigation
34
ratios found in the joint guidance "Wetland Mitigation in
g
35
Washington State Parts I and II" (Ecology Publication #06-06-
36
011 a -b, Olympia, WA March, ch, 2006), the Shoreline
37
Administrator may allow mitigation based on the "credit/debit"
38
method developed b the De �`
p Y Department of Ecology in Calculating
39
Credits and Debitsfor Compensatory Mitigation in Wetlands of
40
Eastern Washington: Final Report" (Ecology Publication #I I -
06-015, August 2012 or a '
g s revised).
Grant County Shoreline Master Program 111
DRAFT REDLINES FOR REVIEW
September 30 anuary 2023
1 (2) General Provisions. As a condition of any permit or other approval allowing
2 alteration which results in the loss or degradation of a regulated wetland, or as
3 an enforcement action pursuant to GCC 25.16, mitigation shall be required to
4 offset impacts resulting from the actions of the applicant or any violator of the
5 GCC. The following shall apply to all mitigation:
6 (A) Mitigation shall follow an approved Mitigation Plan pursuant to GCC
7 24.12.520 (g)(1)and reflect the ratios specified in GCC 24.12.520
$ (g)(4) below;
9 (B) Mitigation shall be "on-site" and "in-kind", except that "off-site"
10 mitigation may be provided pursuant to GCC 24.12.520 (g)(5) and (6);
11 (C) Enhancement of existing wetlands, other than Category I and Category
12 II wetlands, maybe considered for compensation by doubling the
13 ratios in GCC 24.12.520 (g)(4) below;
14 (D) Compensation shall be completed prior to, or concurrently with,
15 wetland alteration, or, in the case of an enforcement action, prior to
16 further development of the site;
17 (E) Mitigation must be conducted on property that will be protected and
18 managed to avoid further development or degradation. The applicant
19 shall provide for long-term preservation of the mitigation area; and
20 (F) The applicant shall demonstrate sufficient scientific expertise,
21 supervisory capability, and financial resources, including bonding in
22 accordance with GCC 24.12.5 10 (e), to carry out the project. The
23 applicant shall demonstrate sufficient capability for monitoring the site
24 and making corrections if the project fails to meet projected goals.
25 (3) On -Site Mitigation: Any alteration of wetlands pursuant to GCC 24.12.520 (e)
26 shall be mitigated by creating or restoring new wetlands at the standard
27 mitigation ratios shown in Table 24.12.520 (g)(4). The ratios apply to creation
28 or restoration which is in-kind (i.e., the same type of wetland), on-site, and is
29 accomplished prior to or concurrently with loss. The first number specifies the
30 acreage of new wetlands to be restored or created and the second specifies the
31 acreage of wetlands altered.
32
(4) The standard mitigation ratios may be increased or decreased b '
y the Shoreline
33
Administrative Official on a case-by-case, site-specific c basis.
Y � p The
34
determination shall be based on the most current accurate and complete
35
scientific or technical information available and on site-specific '
p c and project -
36
related conditions as described in the approved Mitigation Plan '
pp g . In making
37
such determination, the Shoreline Administrative Official shall'
consider the
38
functions and values of and the variety of habitats provided by the proposed
39
replacement wetland, and may solicit and may consider comments
Y nts and
40
recommendations provided by the Washington Departments of Ecology,and
41
Fish and Wildlife, and any Technical Interdisciplina Team participating in
� p p g
42
review for the proposed development.
Grant County Shoreline Master Program 112
DRAFT REDLINES FOR REVIEW
S F anuary 2023
2 Table 24.12.520 (g)(4): Mitigation Ratios for Eastern Washington
Re- Re -
Category establishment establishment
and Type Re- or Creation or Creation
(R/C) and (R/C) and
of Wetland establishment Rehabilitation Rehabilitation Enhancement Enhancement
Impacts or Creation Only' (RH)' (E)l Only'
All 1.5:1 3:1 1:1 R/C and 1:1 1:1 R/C and 2:1 6:1
Category IV RH E
All 2:1 4:1 1:1 R/C and 2:1 1:1 R/C and 4:1 8:1
Category III RH E
All other 3:1 6:1 1:1 R/C and 4:1 1:1 R/C and 8:1 12:1
Category II RH E
Category 4:1 8:1 1:1 R/C and 6:1 1:1 R/C and 16:1
based on RH 12:1 E
score for
functions
Category Not considered 6:1 R/C Not R/C Not Case -by -base
Natural possible2 Rehabilitation of considered considered
Heritage a Natural possible2 possible2
site Heritage site
These ratios are based on the assumption that the rehabilitation or enhancement actions implemented
represent the average degree of improvement possible for the site. Proposals to implement more effective
rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a
higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation
and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation
and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for
enhancement.
2 Natural Heritage sites, alkali wetland, and bogs are considered irreplaceable wetlands because they
perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands
would therefore result in a net loss of some functions nom what kind of compensation is proposed.
Reference: I
Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S.
Environmental Protection Agency Region 10. March 2 00 6. Wetland Mitigation in Washington State - Part
1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology Publication #06-06-
011 a. Olympia, WA.
4 (5) Off -Site Mitigation: Off-site mitigation allows replacement of wetlands away
5 from the site on which the wetland has been impacted by a regulated activity.
Grant County Shoreline Master Program
113
DRAFT REDLINES FOR REVIEW
Cnr�forrhnr 7f�.1 44anuar.v.-.. 023
1 Off-site mitigation shall be conducted by creating or restoring new wetlands at
2 the ratios shown in Table 24.12.520 (g)(4) for on-site mitigation pursuant to
3 GCC 24.12.520 (g)(3) and by selecting mitigation sites pursuant to GCC
4 24.12.520 (g)(6) Off-site compensation shall occur within the same drainage
5 basin of the same watershed where the wetland loss occurs. Off-site
6 compensation will be allowed only when the applicant demonstrates to the
7 satisfaction of the Shoreline Administrative Official that one or more of the
g following circumstances applies:
9 (A) On-site mitigation is not feasible due to hydrology, soils, or other
10 factors;
11 (B) On-site mitigation is not practical due to probable adverse impacts
12 from surrounding land uses or would conflict with a federal, state or
13 local public safety directive;
14 (C) Potential functions and values at the site of the proposed restoration
15 are greater than the lost wetland functions and values; or
16 (D) When the wetland to be altered is of low function and value mitigation
17 shall be of the wetland community types needed most in the location
18 of mitigation and those most likely to succeed with the highest
19 function and value possible.
20 In making such determination, the Shoreline Administrative Official may
21 solicit and may consider comments and recommendations provided by the
22 Washington Departments of Ecology, and Fish and Wildlife, and any
23 Technical Interdisciplinary Team participating in review for the proposed
24 development.
25 (6) Selecting Off -Site Mitigation Sites: Applicants shall pursue locations for off -
26 site mitigation in the following order of preference:
27 (A) Filled, drained, or cleared sites that were formerly wetlands and where
28 appropriate hydrology exists; and
29 (B) Upland sites, adjacent to wetlands, if the upland is significantly
30 disturbed and does not contain a mature community of native species,
31 and where the appropriate natural hydrology exists.
32 (7) Timing: Construction of mitigation projects shall be timed to reduce impacts
33 to existing wildlife and plants. Construction shall be timed to assure that
34 grading and soil movement occurs during those periods determined by the
35 Shoreline Administrative Official to be most advantageous to the needs of the
36 species present. Preference is given to advance mitigation but at a minimum
37 should occur immediately following the disturbance.
38 (8) Alternative Mitigation Projects: The Shoreline Administrative Official may
39 encourage, facilitate, and approve innovative wetland mitigation projects.
40 Advance compensation or mitigation banking are examples of alternative
41 mitigation projects allowed under the provisions of this Chapter wherein one
Grant County Shoreline Master Program 114
DRAFT REDLINES FOR REVIEW
January 2023
1 or more applicant(s), or an organization with demonstrated capability, may
2 undertake a mitigation project together if it is demonstrated to the satisfaction
3 of the Shoreline Administrative Official that all of the following
4 circumstances exist:
5 (A) Creation of one or several larger wetlands may be preferable to many
6 small wetlands;
7 (B) The group demonstrates the organizational and fiscal capability to act
g cooperatively;
9 (C) The group demonstrates that long term maintenance and management
10 of the mitigation area will be provided;
11 (D) There is a clear potential for success of the proposed mitigation at the
12 identified mitigation site;
13 (E) Conducting mitigation as part of a cooperative process does not reduce
14 or eliminate the required replacement ratios outlined in GCC
15 24.12.520 (g)(4);
16 (F) Permits and approvals are obtained from all other agencies having
17 regulatory jurisdiction; and
181 (G) Wetland mitigation banking programs are consistent with the
19provisions of Chapter 90.84 RCW and any Department of Ecology
20 guidelines implementing provisions of Chapter 90.84 RCW regarding
21 wetland mitigation banking.
22 In making such determination, the Shoreline Administrative Official may
23 solicit and may consider comments and recommendations provided by the
24 Washington Departments of Ecology, and Fish and Wildlife, and any
25 Technical Interdisciplinary Team participating in review for the proposed
26 development.
27 24.12.530 Fish and Wildlife Habitat Conservation Areas
28 (a) Identification and Designation
29 (1) Fish and Wildlife Habitat Conservation Areas (HCA) shall include:
30 (A) Areas within which State and Federal endangered and threatened
31 species exist, or State sensitive, candidate and monitor species have a
32 primary association;
33 (B) Priority Habitat and Species Areas identified by the Washington State
34 Department of Fish and Wildlife;
35 (C) Habitats and species of local importance that have been designated by
36 the County at the time of application.
37 (D) Naturally occurring ponds under twenty (20) acres and their
38 submerged aquatic beds that provide fish or wildlife habitat. These do
39 not include ponds deliberately designed and created from dry sites
Grant County Shoreline Master Program 115
DRAFT REDLINES FOR REVIEW
Sn_ntiomber. 3n14January 2023
1
such as canals, detention facilities wastewater treatment
eatment
2
farm ponds, temporary construction ponds of less than three(3)ear '
Y s
3
duration and landscape amenities. Naturally occurringponds may
y
4
5
include those artificial ponds intentionally created from d areas in
�'
6
order to mitigate conversion of ponds, if permitted b a regulatory
Y g r3'
authority;
7
(E) Waters of the state as defined by222-16; WAC
8
9
(F) Lakes, ponds, streams, and riverslanted with
p game fish by a
governmental or tribal entity;
10
(G) Areas with which anadromous fish species •
p have a primary association,
11
and
12
(H) State natural area preserves and natural resources'
conservation areas.
13
(2) In addition to the HCAs identified in Subsection(1),a ' ' '. additional species and
14
habitats of local importance may be designated b the '
Y g y Shoreline
15
16
Administrative Official based on decliningpopulations, sensitivity '
p p ,sensitivity to habitat
manipulation or special value. These include a seasonal range or habitat
g
17
element with which a given species has a prima association and which '
�' if
18
,
altered, may reduce the likelihood that the species will maintain and reproduce
p oduce
19
over the long term. These might include:
20
(A) Areas of high relative densityspecies richness ors p , breeding and rearing
21
habitat, winter range and movement and/or migration •
g anon corridors, and
22
(B) Habitats that are of limited availability or high vulnerability
y g vulnerability to
23
24
.
alteration such as cliffs, caves talus shrub steppe, -
� � pp , in stream gravel
deposits (salmon spawning beds), and wetlands areas;
riparian p ,
25
(3) In order to nominate an area or a species to the category '
p g ry of Habitats and
26
Species of Local Importance, an individual or organization •
g on must.
27
(A) Demonstrate a need fors special consideration bas •
p ed on.
28
(i) Declining population,
29
(ii) Sensitivity to habitat manipulation, or
30
31
(iii) Commercial or game value or '
. g other special value, such as
public appeal;
32
(B) Propose relevant management strategies considered effective and
33
within the scope of this Chapter;
34
35
(C) Provide species habitat location . Su '
(s) on a map. Submitted proposals will
be reviewed by the Shoreline Administrative Official and forwarded to
36
the Departments of Fish and Wildlife Natural Resources, and/or other
local and state agencies or experts for comments and recommendations
38
39
regarding accuracy of data and effectiveness of proposed management
strategies.
Grant County Shoreline Master Program 116
DRAFT REDLINES FOR REVIEW
� 4January 2023
1 (D) Grant County will hold a public hearing before the Board
of County
2 Commissioners for proposals found to be complete, accura
• p � accurate,
3 potentially effective, and within the scope of this Chapter. I
• p p fa
4 proposal is approved by the Board of Count Commission
. y Commissioners, the
5 habitat/species will become designated "Habitats/Species ecies o
g p f Local
6 Importance" and will be subject to the provisions of this Chapter.
7 (4) The following important habitat areas which are not based on use
by a specific
8 species include those areas protected b their conservation ownership ship or
9 management status and are not subject to the protection standards within n this
10 Chapter:
11 (A) National Wildlife Refuges, National Parks Natural Area P
� reserves, or
12
any preserve or reserve designated under WAC 3 3 2-3 0-151;
13 (B) State Natural Area Preserves or Natural Resource Conservation Areas
14 identified by state law and managed b the Department of
g Y p Natural
15 Resources; and
16 (C) Areas with recognized wildlife habitat value owned b the Bureau of
17 Land Management or the Nature Conservancy.
Y
18 (b) Maps and References
19 (1) In addition to the Critical Areas Checklist prepared b the applicant
. p p y pp nt and any
20 site reconnaissance conducted by the Department, the Shoreline
21 Administrative Official shall use the followingand reference
maps p s to assist
22
in making a Preliminary Determination pursuant to GCC 24.12.500(g):
23 (A) Washington State Department of Fish and Wildlife Priority Habitat
24 and Species (PHS) maps;
25 (B) Wetlands mapped under the National Wetland Invent o b
ry. y the U.S.
26 Department of Interior; Fish and Wildlife Service;
27 (C) Washington State Department of Fish and Wildlife/De artm
p ent of
28 Natural Resources, Washin ton Rivers stem Invento System y WARIS)
29 maps;
30 (D) U.S. Department of the Interior, Spokane District Resource
31 Management Plan; and
32 (E) Maps and reference documents in the Grant Count SMP Inventory,
ventory,
33
Analysis, and Characterization report, as applicable.
34 (c) Site Assessment Requirements
35 (1) The Shoreline Administrative Official shall conduct a Preliminary Assessment
36 pursuant to GCC 24.12.500 (g) usingand references identified maps p din GCC
37 24.12.530 (b). If necessary, the Shoreline Administrative Official
may consult
38 with the Washington State Departments of Ecology,Fish and Wildlife ife and
39 Natural Resources and Federally recognized Indian Tribes located i
g n Grant
40 County.
Grant County Shoreline Master Program 117
DRAFT REDLINES FOR REVIEW
1
(2) If the Shoreline Administrative Official has reason to believe that a HCA may
2
3
exist within 300 feet of a proposed development activity, a written
determination regarding the existence or nonexistence of a HCA within 300
4
feet of said proposed development activity submitted to the Department by the
5
6
applicant. Only written determinations prepared by the Washington State
7
Department of Fish and Wildlife, U.S. Fish and Wildlife Service, or a
Qualified Biological Professional shall be accepted.
$
9
(3) If it is determined that a HCA exists, a site assessment report must be
10
submitted to the Department by the applicant when an activity regulated under
this Chapter is proposed within three hundred (300) feet of the boundary of a
11
HCA. Only a site assessment report prepared by the Washington State
12
13
Department of Fish and Wildlife, U.S. Fish and Wildlife Service, or a
14
Qualified Biological Professional who has been approved by the Department
of Community Development shall be accepted.
15
(4) The site assessment report at a minimum shall cover the subject parcel and all
16
17
area within 300 feet of a proposed development activity. If the applicant
18
cannot obtain permission for access to properties within 300 feet of the
19
proposed development activity then an approximation of the extent of off-site
HCAs within 300 feet of the proposed development activity maybe
20
completed based on aerial interpretation and/or visual observation from
21
nearby vantage points.
22
(5) The site assessment report shall include the following information:
23
(A) A detailed narrative describing the project, including, but not limited
24
25
to, associated grading and filling, structures, utilities, adjacent land
uses, description of vegetation both within and adjacent to the habitat
26
conservation area, and when deemed necessary by the Administrative
27
Officer, surface and subsurface hydrologic analysis;
28
(B) Site plan indicating the location of all proposed improvements and all
29
Fish and Wildlife Habitat Conservation Areas;
30
(C) Impact analysis identifying and documenting the presence of all
31
habitat conservation areas and discussing the project's effects on the
32
Fish and Wildlife Habitat Conservation Areas;
33
(D) Regulatory analysis including a discussion of any federal, state, tribal,
34
35
and/or local requirements or special management recommendations
which have been developed for species and/or habitats located on the
36
site;
37
(E) A description of proposed management and maintenance practices that
38
will assure protection of Fish and Wildlife Habitat Conservation Areas
39
after the project has been completed, including a discussion of
40
proposed monitoring criteria, methods and schedule; and
41
(F) A proposed mitigation plan pursuant to GCC 24.12.530 (e).
Grant County Shoreline Master Program 118
DRAFT REDLINES FOR REVIEW
September -20-1 a n u a ry_202 33
1 (d) Protection Standards
2
(1) No development permit or approval pursuant to this Chapter shall be granted
3
unless adverse effects to Fish and Wildlife Habitat Conservation Areas
4
resulting from proposed development activities located inside of or within 300
5
feet of a designated HCA are mitigated pursuant to GCC 24.12.530 (fl.
6
(2) Shoreline Administrative Official's determination of appropriate conditions
7
and site-specific information supplied by the applicant. In making such
g
determination, the Shoreline Administrative Official may solicit and may
9
consider comments and recommendations provided by the Washington
10
11
Departments of Ecology, and Fish and Wildlife, and any Technical
29
Interdisciplinary Team participating in review for the proposed development.
12
Possible conditions may include, but are not limited to, the following:
13
(A) Establishment of buffer zones;
14
(B) Preservation of critically important vegetation;
15
(C) Limitation of access to the HCA; and
16
(D) Seasonal restriction of construction activities.
17
(3) Special provisions — Anadromous Salmonids.
18 (A) Activities, uses, and alterationsro osed to be locate '
p p d In waterbodles
19 used by anadromous salmonids or in areas that affect such waterbodles
20 shall give special consideration to thereservation and d enhancement
21 of anadromous salmonid habitat includin but limited � g, not meted to, the fol_
22 lowing:
23
(i)
Activities shall be timed to occur only during the allowable
24
36
work window as designated by the State Department of Fish
25
upstream migration of adult fish and shall prevent juveniles migrating
ng
and Wildlife;
26
(ii)
An alternative alignment or location for the activity is not
27
adverse impacts on anadromous salmonids and theirhabi' tat, shall
feasible;
28
(iii)
The activity is designed so that it will minimize the degradation
29
of the functions or values of the fish habitat or other critical
30
areas; and
31
(iv)
Any impact on the functions and values of the habitat
32
33
conservation area are mitigated in accordance with an approved
Critical Areas Assessment.
34
(B) Structures that prevent the migration of anadromoussalmonids shall
35
not be allowed in the portion of waterbodies currently used by
36
salmonids. Fish bypass facilities shall berovided that tallow the
37
38
upstream migration of adult fish and shall prevent juveniles migrating
ng
downstream from being trapped or harmed.
39
(C) Fills waterward of the OHWM when authorized shall'
minimize the
40
adverse impacts on anadromous salmonids and theirhabi' tat, shall
Grant County Shoreline Master Program
119
DRAFT REDLINES FOR REVIEW
�-�-� -wa- anuary 2023
1
mitigate any unavoidable impacts, and shall only be allowed for water -
2
dependent uses or for uses that enable public access or recreation for
3
significant numbers of the public.
4
5
(4) Special provisions —Wildlife. Bald eagle habitat shall be protected pursuant to
the Washington State Bald Eagle Protection Rules (WAC 232-12-292).
6
(5) Wetland habitats. All proposed activities within or adjacent to habitat
7
g
conservation areas containing wetlands shall, at a minimum, conform to the
22
wetland development performance standards set forth in this GCC 24.12.520,
9
Wetlands, in addition to meeting the habitat conservation area standards in
10
this Chapter.
11
(6) Riparian habitat areas. Unless otherwise allowed in this Chapter, all structures
12
and activities shall be located outside of the riparian habitat buffers;
13
14
(A) Establishment of riparian habitat buffers. Buffers shall be established
28
for habitats that include aquatic systems.
15
(B) A riparian habitat shall be the buffer width identified in Table
16
17
24.12.210 (d) Shoreline Development Standards, unless modified per
18
provisions provided in GCC 24.12.530(d)(7), Administrative Buffer
19
Width Averaging, (8), Shoreline Buffer Reductions, or (9), In Fill
Development. Widths shall be measured outward, on the horizontal
20
plane, from the ordinary high water mark or from the top of bank if the
21
ordinary high water mark cannot be identified;
22
(C) Additional setbacks for structures or other facilities, as applicable,
23
would be added on to identified buffer width;
24
(D) The required buffer shall not be extended across roads or other
25
lawfully established structures or hardened surfaces that are
26
functionally and effectively disconnected from the stream.
27
(E) Buffers in conjunction with other critical areas. Where other critical
28
areas defined in this chapter fall within the water body buffer, the
29
buffer area shall be the most beneficial of the buffers applicable to any
30
applicable critical area.
31
(7) Administrative Buffer Width Averaging. The required buffer widths
32
established in this SMP may be modified by the Shoreline Administrator for a
33
development on existing legal lots of record in place at the time of adoption of
34
this Program, in accordance with the provisions of this section only where the
35
applicant demonstrates all of the following:
36
(A) Averaging is necessary to avoid an extraordinary hardship to the
37
applicant caused by circumstances peculiar to the property;
38
(B) The designated buffer area contains variations in sensitivity to
39
ecological impacts due to existing physical characteristics or the
40
character of the buffer varies in slope, soils, or vegetation;
Grant County Shoreline Master Program 120
DRAFT REDLINES FOR REVIEW
*.r %_ r %. %_ I I I V�f %� I�h+n hnr a n- %.#.& �t�nuary 2423
1
(C) The total area contained within the buffer after averaging is no less
2
than that contained within the standard buffer prior to averaging;
3
(D) The minimum buffer width at its narrowest point shall not be less than
4
thirty five (3 5) percent of the buffer width established under this SMP;
5
and
6
(E) The buffer width averaging does not result in a net loss of ecological
7
function.
g
(8) Shoreline Buffer Reductions. Shoreline buffers maybe administratively
9
modified as outlined below:
10
(A) Where a legally established road or railway, or other type of
11
12
continuous development crosses or extends along a shoreline or
critical area buffer and is wider than 20 feet, the Shoreline
13
Administrator may approve a modification of the minimum required
14
buffer width to the waterward edge of the improved continuous
15
development provided the upland side of the continuous development
16
area:
17
(i) Does not provide additional protection of the shoreline water
18
body or stream; and
19
20
(ii) Provides little (less than 20%) to no biological, geological, or
hydrological buffer functions relating to the riparian and
21
upland portions of the buffer.
22
(B) Standard Buffer Reduction. Reductions of up to thirty-five (35)
23
24
percent of the standard buffer may be approved if the applicant
demonstrates to the satisfaction of the Shoreline Administrator that a
25
26
mitigation plan developed by a qualified professional pursuant to
GCC 24.12.520 (g) indicates that enhancing the buffer (by
27
28
removing invasive plants or impervious surfaces, planting native
vegetation, installing habitat features or other means) will result
29
in a reduced buffer that functions at a higher level than the
30
existing standard buffer.
31
(9) In Fill Development. In an effort to facilitate in -fill development in approved
32
plats, the County may approve requests to reduce the standard shoreline
33
buffers up to a maximum of 50 percent for a new single-family residence and
34
appurtenant structures in accordance with the following criteria:
35
(A) Where there are single family residences within 150 feet on either side
36
of the proposed residence in an existing plat, the buffer shall be
37
determined as the greater of one of the following three options: 1) a
38
common line drawn between the nearest corners of the nearest
39
40
residence, 2) a common line calculated by the average of the nearest
residences' existing buffer, or 3) a 50 percent reduction of the standard
41
buffer.
Grant County Shoreline Master Program 121
DRAFT REDLINES FOR REVIEW
Cera+orv.hor 707 n�ay
2023
1 (B) Where there is only a residence located within 150 feet on
one side of
2 the proposed residence in an existingplat, the
p standard buffer shall be
3 determined as the greater of a common line drawn between nearest
4 corner of the nearest residence and the nearest'
point of the standard
5 buffer on the adjacent vacant lot a common line
calculated by the
6 average of the nearest residence's setback and
the standard buffer for
7 the adjacent vacant lot, or a 5 0ercent reduction on of the standard
8 buffer.
9
(10) Proposed developments or land use activities locatedwithi' n 300 feet of a
10
designated HCA shall be reviewed forbi
otential habitat p tat Impacts, considering
11
the recommendations provided b the Washington
Y g Departments of Ecology,
12
13
and Fish and Wildlife, and any Technical Interdisciplinary Team participating
p rY p p ating
38
in review for the proposed development.
14
(11) Allowed Uses in Fish and Wildlife Habitat Conservation anon Areas and Stream
15
Buffers.
16
(A) Those portions of public access developmentrequire
17
18
improvements or uses adjacent to the water's
� edge, such as fuel
43
stations for retail establishmentsrovidin b
p g oat gas sales, haul -out
19
20
areas for retail establishments providing boat '
p g and motor repair and
21
service, boat launch ramps for boat launch facilities,
p swimming
beaches or other similar activities. An adverse '
Any se ecological Impacts
22
23
must be mitigated. Vegetation mitigation may only be required when
the alteration removes significant trees or other '
� r native vegetation.
24
(B) Native vegetation landscaping is referred in Non -
p the shore buffer. Non
25
25
native landscaping may be installed in the shoreline '
Y eline buffer if it
26
27
provides similar functions to native vegetation, g n, including but not
28
limited to shade, cover and habitat and also h '
as similar water
29
consumptions needs when compared to native '
p vegetation, and
provided existing native vegetation is not removed. Use of noxious or
30
invasive species is strictlyprohibited. Chemic
p a1 treatment of
31
landscaping in shoreline buffers is discouraged, g d, and any application of
32
chemicals must be in strict conformance to the'
manufacturer s
33
instructions.
34
(C) Shoreline residential access. A private access pathway constructed of
35
36
pervious materials may be installed, a maximum of five (5) feet wide
or some other standard consistent with Americans with Disabilities
37
Act (ADA), through the shoreline buffer to the OHWM. Impervious
38
materials may be used only as needed to construct a safe, tiered
39
pathway down a slope using standards that are consistent with ADA. A
40
railing may be installed on one edge of the pathway, a maximum of 36
41
42
inches tall and of open construction. Pathways to the shoreline should
take the most direct route feasible consistent with any applicable ADA
43
standards.
Grant County Shoreline Master Program 122
DRAFT REDLINES FOR REVIEW
Can+orY,hdr 701January 2023
1
(D) Water -dependent uses. Consistent with the use allowances for each
2
3
environment designation, water -dependent uses, and activities maybe
4
located at the water's edge. Uses, developments and activities
5
accessory to water -dependent uses should be located outside any
30
applicable standard or reduced shoreline buffer unless at least one of
6
the following is met:
7
$
(i) Operation of the water -dependent use or activity (e.g., a road to
33
34
a boat launch facility);
9
(ii) In parks or on other public lands that are already legally
10
established and whose use is primarily related to access to,
11
12
enjoyment and use of the water, and they do not conflict with
37
or limit opportunities for other water -oriented uses; or
13
(iii) The applicant's lot/site has topographical constraints where no
14
15
other location of the development is feasible (e.g., the water -
40
dependent use or activity is located on a parcel entirely or
16
substantially encumbered by the required buffer).
17
(iv) In these circumstances above, uses and modifications accessory
18
to water dependent uses must be designed and located to
19
minimize intrusion into the buffer.
20
21
(v) All other accessory uses, developments, and activities proposed
to be located in a shoreline buffer must obtain a Shoreline
22
Variance unless otherwise allowed by other regulations in this
23
SMP. Applicants are encouraged to consider the buffer
24
25
reduction options and implement mitigation sequencing prior
to applying for a Shoreline Variance.
26
27
(E) Public facilities and other water -oriented uses. As allowed by the use
chart in this SMP, other essential public facilities as defined by RCW
28
29
36.70A.200, public access and recreation facilities and'
their accessory
uses and developments may be located in the shoreline '
Y buffer. This
30
allowance is contingent on a demonstration that the use'
or activity
31
32
cannot be reasonably accommodated or outside accomplished o '
p de of the
standard or reduced shoreline buffer and that alternative sites '
tes are not
33
34
available. These uses and modifications must be designed g ed and located
to minimize intrusion into the buffer and must be consistent'
with this
35
SMP.
36
(F) Roads, bridges and utilities: Road bridge and utility
� g y maintenance,
37
repair and construction may be permitted across a Fish and Wildlife
38
Habitat Conservation Area and/or buffers under the following
owi ng
39
conditions:
40
(i) It is demonstrated to the Shoreline Administrative '
t ve Official that
41
there are no alternative routes that can be reasonably used to
42
achieve the proposed development;
Grant County Shoreline Master Program
123
DRAFT REDLINES FOR REVIEW
Septee�0-14January 2423
1
2
(ii) The activity will have minimum adverse impact to the Fish
The proposed development shall not discharge hazardous substances to the
and Wildlife Habitat Conservation Area;
3
(iii) The activity will not significantly degrade surface or
4
groundwater; and
5
6
(iv) The intrusion into the Fish and Wildlife Habitat Conservation
7
Area and its buffers is fully mitigated to achieve no net loss of
30
31
ecological functions.
$
9
(G) Limited park or recreational access to a fish and wildlife habitat area
and/or stream buffers, provided that all of the following are satisfied:
10
11
(i) The access is part of a public park or a recreational resort
12
development that is dependent on the access for its location
and recreational function;
13
14
(ii) The access is limited to the minimum necessary to accomplish
of the stream, stream buffer, or other critical area.
the recreational function; and
15
(iii) The intrusion is fully mitigated to achieve no net loss of
16
ecological functions.
17
(H) Stormwater managerrient facilities such as grass -lined swales.
18
(12) Temporary and permanent erosion and sedimentation controls shall be
19
20
provided to prevent the introduction of sediments or pollutants to water bodies
or watercourses within the HCA.
21
22
(13) Clearing and grading shall be limited to that necessary for establishment of the
23
use or development and shall be conducted so as to avoid significant adverse
24
impacts and to minimize the alteration of the volume, rate or temperature of
freshwater flows to or within the HCA and any buffer required by this
25
Chapter.
26
27
(14)
The proposed development shall not discharge hazardous substances to the
HCA that would have significant adverse impacts on that area.
28
29
(15)
Stream flows shall be protected from changes to the normal flow, temperature,
turbidity, and discharge to the maximum extent practicable.
30
31
(16)
Septic drainfields and any required replacement drainfield area shall be at
least 100 feet from the edge of any HCA.
32
33
(17)
Activities may only be permitted in a stream or stream buffer if the applicant
34
can show that the proposed activity will not degrade the functions and values
of the stream, stream buffer, or other critical area.
35
36
(18)
Stream Crossings. Stream crossings shall be minimized, but when necessary
37
they shall conform to the following standards as well as other applicable
38
provisions of this SMP and other laws (see the State Department of Fish and
Wildlife, or the State Department of Ecology).
Grant County Shoreline Master Program 124
DRAFT REDLINES FOR REVIEW
Can+er�har 7f11/I)a- nUat"j% 20G;7
1
(A) The stream crossing is the only reasonable alternative that has the least
2
impact;
3
(B) It has been shown in the Critical Areas Assessment that the proposed
4
5
crossing will not decrease the stream and associated buffer functions
and values;
6
(C) The stream crossing shall use bridges instead of pipe or box culverts
7
$
unless it can be demonstrated that a pipe or box culvert would result in
equal or less ecological impacts;
9
(D) All stream crossings using pipe culverts shall use super span or
10
11
oversized culverts with appropriate fish enhancement measures.
Culverts shall not obstruct fish passage;
12
(E) Existing stream crossings are encouraged to continue and expand if
13
doing so eliminates the need for an additional stream crossing,
14
(F) Stream crossings shall be designed according to the Washington
15Department
of Fish and Wildlife Design of Road Culverts for Fish
16
17
Passage, 2003, as amended, and the National Marine Fisheries Service
1 g
Guidelines for Salmonid Passage at Stream Crossings, 2001, as
amended;
19
(G) All stream crossings shall be constructed during the in -water work
20
21
window as specified by the State Department of Fish and Wildlife in
the Hydraulic Project Approval;
22
(H) Stream crossings shall not occur through salmonid spawning areas
23
unless no other feasible crossing site exists;
24
(I) Bridge piers or abutments shall not be placed in either the floodway or
25
between the OHWMs unless no other feasible alternative placement
26
exists;
27
(J) The natural drainage pattern and discharges of the upstream drainage
28
basin, up to the runoff event having an exceedance probability of 0.01,
29
shall not be altered or diminished by a stream crossing;
30
(K) Stream crossings shall minimize interruption of downstream
31
movement of wood and gravel;
32
(L) Stream crossings shall be designed to facilitate routine maintenance of
33
culverts and bridges; and
34
(M) Stream crossings shall be minimized by serving multiple properties
35
when -ever possible.
36 (19) Stormwater conveyance facilities. Stormwater confacilities
veyance maybe
37 permitted; provided, that they are only located in the buffer when no
38 practicable alternative exists outside the buffer. St facilities Stormwater facllitles shall be
39 planted with native plantings where feasible to r '
. .. � g provide habitat, and/or less
40 intrusive facilities should be used.
Grant County Shoreline Master Program
125
DRAFT REDLINES FOR REVIEW
cow+o Hor �n� "lanuary 2023
1
(20) Floodway-Dependent Structures. Floodwa -de enden
y p t structures or
2
3
installations may be permitted within streams or their buffers if allowed or
4
approved by other ordinances or other agencies withjurisdiction. See GCC
29
2 4.12.560, Frequently Flooded Areas, for more information on allowed wed uses
30
and activities within flood hazard areas.
6
7
(21) Trails. The criteria for alignment, construction, n, and maintenance of trails
8
within wetlands and their buffers shall apply o 1 t '
trails within stream buffers.
9
Outer buffer trails may not exceed 10 feet in'
width and maybe constructed
34
with impermeable surface materials if on-site ' utilized.
infiltration is utilized.
10
11
(22) Utilities. The criteria for alignment, construction, g � tion, and maintenance within the
wetland buffers and GCC 24.12.450, Utilities, shall applyto utility corridors12
13
within stream buffers. In addition, corridors shall not be aligned '
g parallel with
14
any stream channel unless the corridor is outside the buffer, and crossings
g
15
shall be minimized. Installation shall be accomplished b bin
p Yorg beneath the
16
scour depth and hyporheic zone of the waterbod where feasible. Crossings
Y sings
17
shall be contained within the existing footprint of an existing or ne
.. g w road or
18
utility crossing where possible. Otherwise, crossings shall be at an
g angle
19
greater than 60 degrees to the centerline of the channel. The criteria for stream
crossings shall also apply.
20
(23) Native vegetation landscaping schemes that d '
p g o not require application of
21
herbicides, pesticides, or fertilizer to maintain robust growth.
22
23
(24) No net effective impervious surfaces may bcreated Bated in the outer buffer area,
beyond what is otherwisep ermitted.
24
(25) Existing Developments and Uses.
25
26
(A) Existing uses may continue. Vegetation conservation standards shall
27
not apply retroactively to existing, legally established uses and
28
developments. Existingdevelopments p and uses, including residential
29
appurtenances, may be maintained repaired, paired, and operated within
30
shoreline jurisdiction and within shoreline line buffers established in this
31
SMP. In the absence of a development proposal, existing, ng, lawfully
32
established landscaping and dens m
p g gardens may be maintained in their
3 3
existing condition including but not limited '
. g mated to, mowing Lawns,
34
weeding, harvesting and replanting of garden crops, pruning ng and
35
replacement planting of ornamental vegetation or indigenous native
species.
36
37
(B) Landward of Standard Buffer. Existing developments and uses located
landward of the standard buffer may redevelop or expand to the edge
38
of the standard buffer consistent with GCC 24.12.240(4).
39
(C) Expansions waterward arerohibited
p unless the applicant obtains a
40
Shoreline Variance.
41
(D) Within the Standard Buffer: Vertical expansions xpansions maybe allowed
42
provided they do not exceed the height g t limitations established in Table
Grant County Shoreline Master Program
126
DRAFT REDLINES FOR REVIEW
SQpt,o� � I rf%- Iho 2n� January 2023
1 24.12.210(d), Shoreline Development Standards, for the applicable
2 pp e
environment designation. Expansions within the standard buffer
3 laterally toward the side lot lines may e ballowed, provided that runoff
4 and stormwater is handled consistent with t '
he Eastern Washington
5 Stormwater Management Manual as amended, and consistent with the
6 following:
7.
(i) Where such development results in removal of native
8 vegetation, it shall be the minimum
necessary to allow for the
9 permitted expansion.
10 (11) Removal of native vegetation area rea must be compensated at a
11 1:1 ratio through enhancement of '
g he remaining buffer
12 waterward of the removal area with native tree, shrub, and/or
13 groundcover plantings. Replacement vegetation providing
14 equivalent habitat function and structure is required unless
15 physical constraints of the remaining buffer preclude
16 successful reveg etation.
17 (26) New Structures and Development
18 (A) New structures or developments prohibited. p p .New structures or
19 developments, including, but not limited to
. , g� ,pools, decks, patios,
20 additions, sheds, fences or other appurtenances, � pp ces, are not permitted In
21
shoreline buffers except as specifically allowed in GCC
22 24.12.53 0(d)(11) above, and GCC 24.12.61
0 and 620, nonconforming
23 uses and structures.
24 (B) New structures and developments allowed injurisdictionp shoreline on
25 undeveloped sites shall be sited to minimize'
removal of existing
26 significant trees and native vegetation.
27 (C) Water -oriented uses and developments in u
. p public park areas,
2 8 recreational improvement projects ects shall lac
2 p J place an emphasis on
9 shoreline restoration/enhancement. This em '
phases shall not require the
30 removal of existing lawn areas but should 1
� pace an emphasis on
31
incorporation of riparian plantings if the public access area is
32 underutilized or public access would not bei impaired by the plantings.
33 (e) Mitigation
34
(1) Mitigation actions by an applicant or property owner shall occur in the
35
preferred sequence specified in GCC 24.12.5 10 (c). If it is determined by the
36
Shoreline Administrative Official that a proposed development will likely
37
have a significant adverse impact on a HCA, the applicant shall prepare and
38
implement a Habitat Management Plan in accordance with GCC 24.12.530
39
M
40
(2) Where impacts cannot be avoided, the applicant shall seek to implement other
41
42
appropriate mitigation actions in compliance with the intent, standards, and
criteria of this Chapter. In an individual case, these actions may include
Grant County Shoreline Master Program
127
DRAFT REDLINES FOR REVIEW
-r-J a n u a ry 2023
✓ V GZ.
1 consideration of alternative site plans and layouts and reductions in the
2 density or scope of the proposed development.
3 Habitat Management Plan
4 (1) Any Habitat Management Plan required under this Chapter shall be prepared
5 by a Qualified Biological Professional and shall identify how the impacts of
6 the proposed development, land use, or activity will be mitigated.
7 (2) The following items at a minimum are required as part of a Habitat
$ Management Plan:
9 (A) Description of project or activity, including a detailed narrative
10 describing the project or activity, its relationship to the wetland and its
11 potential impact to the wetland and/or fish and wildlife habitat
12 conservation area ;and
13 (B) Any proposed mitigation, including a discussion of how the project
14 has been designed to avoid and minimize adverse impacts to wetlands,
15 as well as the necessary monitoring and contingency actions for the
16 continued maintenance of the wetland, and/or fish and wildlife habitat
17 conservation areas, and associated buffers within shoreline
18 jurisdiction.
19 (C) A site map prepared at a scale no smaller than one inch = 200 feet
20 showing:
21 (i) Project location;
22 (ii) The relationship of the site to surrounding topographic,
23 cultural, and historic features;
24 (iii) The width and length of all existing and proposed structures,
25 utilities, roads, easements, and landscape features;
26 (iv) Wastewater and stormwater management facilities;
27 (v) The name and location of all watercourses, ponds, and other
28 bodies of water.
29 (D) A report which includes, but is not limited to:
30 (i) A description of the nature, density and intensity of the
31 proposed development or land use change in sufficient detail
32 to allow analysis of the impact of such land use change on the
33 habitat;
34 (ii) An analysis of the effect of the proposed development,
35 activity, or land use change on identified wetland(s) and or
36 any designated HCAs;
37 (iii) A discussion of any federal, state, or local management
38 recommendations which have been developed for the area;
Grant County Shoreline Master Program 128
DRAFT REDLINES FOR REVIEW
santomhinr a u a ry 2023
1
(iv) A plan for the mitigation of any adverse impacts to identified
2
wetland(s) and or any designated HCAs including a
3
discussion of the following mitigation alternatives as they
y
4
relate to the proposal:
5
a. Avoiding the impact altogether by g not taking a certain
6
action or parts of an action;
7
b. Minimizing impacts by limitingthe de or magnitude o
degree g f
8
the action and its implementation by g appropriate
usin a ro riate
9
technology, or by taking affirmative steps to avoid or
10
reduce impacts;
11
c. Rectifying the impact by repairing, rehabilitating, or
12
restoring the affected environment;
13
d. Compensating for the impact by replacing, enhancing, or
14
providing substitute resources or environments;
15
(v) A detailed discussion of ongoingmanagement and monitoring
g ng
16
practices which will protect identified wetlands
() and or any
17
designated HCAs after the pro • ect site has been fully
y
18
developed, including proposed monitoring,contingency,
g Y,
19
maintenance and surety programs; and
20
(vi) An evaluation by the Washington State Department of Fish
g p
21
and Wildlife or a Qualified Biological Professional regarding
g g g
22
the effectiveness of any proposed mitigating measures or
g g
23
programs, including recommendations as appropriate.
ro riate.
24
(3) In making such determination, the Shoreline Administrative Official may
25
solicit and may consider comments and recommendationsrovided b the
p Y
26
Washington Departments of Ecology, and Fish and Wildlife, and any
27
Technical Interdisciplinary Team participating in review for the proposed
28
development. Possible mitigation measures may include but are not limited
29
to, the following:
34 (A) Establishment of buffer zones;
31 (B) Preservation of critically important vegetation;
32 (C) Limitation of access to the identified wetland(s) and or any designated
33 HCAs;
34 (D) Seasonal restriction of construction activities; and
35 (E) Establishment of a timetable for periodic review of the Habitat
36 Management Plan and performance or maintenance security pursuant
37 to GCC 24.12.510 (e).
Grant County Shoreline Master Program 129
DRAFT REDLINES FOR REVIEW
8�.41anuary 2_023
1 24.12.540 Critical Aquifer Recharge Areas
2 (a) Identification and Designation
3 (1) Critical aquifer recharge areas are defined as those areas having a critical
4 recharging effect on aquifer use for potable water in community systems.
5 Critical aquifer recharge areas are classified and designated as follows:
6 (A) Those areas designated as "Wellhead Protection Areas" pursuant to
7 WAC 246-290-135(4) and the groundwater contribution area in WAC
$ 246-291-100 (2)(e). Wellhead protection areas shall, for the purpose of
9 this regulation, include the identified recharge areas associated with
10 either Group A public water supply wells and those Group B wells
11 with a wellhead protection plan filed with the Grant County Health
12 District; and
13 (B) Any land identified in the Soil Survey of Grant County as having high
14 potential for aquifer recharge, as determined by the Shoreline
15 Administrative Official.
16 (b) Maps and References
17 (1) In addition to the Critical Areas Checklist prepared by the applicant and any
18 site reconnaissance conducted by the Department, the Shoreline
19 Administrative Official shall use the following maps and references to assist
20 in making a Preliminary Determination pursuant to GCC 24.12.500 (g),
21 General Review Procedures:
22 (A) Maps and reference documents in the Grant County SMP Inventory,
23 Analysis, and Characterization report, as applicable;
24 (B) Wellhead Protection Plans on file with the Grant County Health
25 District; and
26 (C) Soil Survey of Grant County, Washington by the United States
27 Department of Agriculture, Soil Conservation Service.
28 (c) Site Assessment Requirements
29 (1) The Shoreline Administrative Official shall conduct a Preliminary Assessment
30 pursuant to GCC 24.12.500 (g) using maps and references identified in
31 GCC 24.12.540 (b). If necessary, the Shoreline Administrative Official may
32 consult with the Washington State Department of Ecology and the Grant
33 County Health District.
34 (2) If the Shoreline Administrative Official has reason to believe that an aquifer
35 recharge area may exist within 100 feet of a proposed development activity,
36 the proposed development shall be subject to the protection standards and
37 mitigation requirements pursuant to this Chapter.
38 (3) If it is determined that an aquifer recharge area exists, a site assessment report
39 shall be submitted to the Department by the applicant when anon -residential
40 development proposal activity pursuant to GCC 24.12.540 (c)(4) is proposed
Grant County Shoreline Master Program 130
DRAFT REDLINES FOR REVIEW
mon -onr,hor 7n14January 2023
1 on a parcel within an aquifer recharge area. Only a site assess
2 g y assessment report
prepared by the Washington State Department of Ecology, the Grant County
Y
3
Health District or a Qualified Hydrogeological Professional who has been
4 approved by the Department of CommunityDevelopment shall p 1 be accepted.
5 For those areas designated as Wellhead Protection Areas the applicant may
6 substitute excerpts from the Wellhead Protection Plan filed
with the Grant
7 County Health District for the site assessment report, if approved p pp ed by the
8 Shoreline Administrative Official.
9 (4) The site assessment report shall include the following information:
10 (A) A detailed narrative describingthe including, e p ro'� g, but not limited
11 to, associated grading and fillip structures utilities, ,and those
12 activities, practices, materials, or chemicals that have'
a potential to
13 adversely affect the quantity or quality of underlying aqui
fer,
14 (B) Site plan indicating the location of allro osed improvements p p p ovements and
15
aquifer recharge areas;
16 (C) A hydrogeological evaluation that includes at a minimum, a
17 description and/or evaluation of the following:
g
18 (i) Site location, topography, drain/age and surface water bodies,
19 (ii) Soils and geologic units underlying thesite;
Y g ,
20 (iii) Groundwater characteristics of the area including flow
21 direction, gradient, and existinggroundwater gr quality;
22 (iv) Location and characteristics of wells and springs within 300
23 feet of the perimeter of thero ert •
p p Y9
24 (v) Evaluation of existing on-site groundwater recharge,
and
25 (vi) Evaluation of theotential impact p p of the proposed
26 development on groundwaterualit both short q y, ort and long
27 term, based on an assessment of the cumulative impacts of the
28, proposal in combination with existingand
potential future
29 land use activities; and
30 (vii) A proposed mitigationlap pursuant to GCC 24
p p .12.550 (E).
31 (5) Qualifications of Qualified Hydro eolo ical Professional: Site
g g assessment
32. reports prepared pursuant to GCC 24.12.540(c)shall be re ar• prepared ed by a
33 Professional Engineer registered in the State of Washington or
gt Registered
34 Geologist, trained and qualified to analyze geologic, hydrologic,
Y g gand
35 groundwater flow systems, or a geologist or h dro Bolo ist wh
g y g g o has received
36 a degree from an accredited four-year or college university y an d who has
37 relevant training and exp eri enc e in analyzing geologic, o i c h dro 1
Y g g g hydrologic, and
38 groundwater flow systems. Suchualifications shall be demonstrated strated to the
39 satisfaction of the Shoreline Administrative Official.
Grant County Shoreline Master Program 131
DRAFT REDLINES FOR REVIEW
IS. mtior 1201 "Januar�r 2fJ23
1 (d) Protection Standards
2
(1) Prohibited activities: The following activities are prohibited in aquifer
3
recharge areas due to the probability and/or potential magnitude of their
4
adverse effects on groundwater unless any significant adverse impacts can be
5
mitigated by conditions of approval. Such conditions shall be based on a
6
hydrogeological evaluation that demonstrates that the proposed development
7
or land use will not degrade groundwater, and that hydrogeological conditions
$
do not facilitate degradation
9
(A) Land application of sewage sludge from sewage treatment works;
10
(B) Underground storage of fuel in excess of 1,100 gallons for
11
consumptive use on the parcel where stored;
12
(C) Underground storage of hazardous materials;
13
(D) Commercial and industrial facilities that store, use, handle, or produce
14
hazardous substances or waste products;
15
(E) Petroleum pipelines for other than single family use;
16
(F) All uses where repetitive pesticide and fertilizer applications are
17
required or where any toxic substance is disseminated;
18
(G) Creosote manufacturing or treatment;
19
(H) Chemical manufacture of reprocessing of any extremely hazardous
24
waste as defined by RCW 70.105.010(6) and listed in Chapter 173-303
21
WAC; and
22
(I) Class V injection wells, including:
23
(i) Agricultural drainage wells;
24
(ii) Untreated sewage waste disposal wells;
25
(iii) Cesspools;
26
(iv) Industrial process water and disposal wells; and
27
(v) Radioactive waste disposal.
28
(2) All development within Grant County must be in compliance with all of the
29
following requirements:
30
(A) The Grant County Potable Water Ordinance, Number 92 -44 -CC,
31
passed by the Grant County Board of Commissioners April 13, 1992;
32
(B) An and all applicable ground water management areas (G.W.M.A.'s)
33
regulations, as designated by the State of Washington (including
34
Chapter 173-100 WAC, Chapter 173-124 WAC, and Chapter 173-
35
128A WAC, Chapter 173-130A WAC, Chapter 173-134A WAC, as
36
well as other sources, such as the provisions for other GWMA's such
37
as the Moses Lake G.W.M.A.);
Grant County Shoreline Master Program 132
DRAFT REDLINES FOR REVIEW
%soh Vt. ow,hoor 2n1 "January 2023
1
(C) State requirements regarding protection of upper aquifer zones and
2
ground water quality (Chapter 173-154 WAC and Chapter 173-200
3
WAC, respectively);
4
(D) Any and all applicable regulations set forth by any Irrigation Districts
5
regulated by the United States Department of Interior, Bureau of
6
Reclamation; and
7
(E) Any and all regulations set forth by the Washington State Department
g
of Health, the Grant County Health District and the Washington State
9
Department of Ecology.
10
(3) Residential Development Standards: All residential development applications
11
(except for single-family residential building permits) on parcels of land
12
within designated aquifer recharge areas are subject to the following
13
provisions:
14
(A) Lots in new land divisions outside of urban growth areas shall require
15
a minimum net land area of one acre, but not less than the minimum
16
area required to meet local Health District requirements for on-site
17
septic systems, when on-site septic systems are proposed;
18
(B) Lots in new land divisions in urban growth areas shall be required to
19
connect to municipal or sewer district sewage collection and treatment
20
systems, if available within two hundred (200) feet of the proposed
21
development;
22
(C) Lots in new land divisions shall require a stormwater collection,
23
treatment and disposal system designed by a Professional Engineer
24
and approved by the County Engineer, except for short subdivisions
25
where each lot is at least one (1) acre in size.
26
(4) Non -Residential Development Standards: An applicant seeking the following
27
types of new construction activities on parcels of land within designated
28
aquifer recharge areas shall prepare and submit to the Shoreline
29
Administrative Official a site assessment report pursuant to
30
GCC 24.12.540 (c):
31 (A) Industrial and commercial agricultural facilities applying fertilizers or
32 pesticides in excess of agronomic rates;
33 (B) Golf courses or other recreational or institutional facility that involve
34 extensive turf cultivation or maintenance;
35 (C) Aboveground storage tanks, except for water tanks;
36 (D) Industrial or commercial facilities that, when completed, will use,
37 store, or handle dangerous wastes in quantities in excess of five (5)
38 gallons or twenty-five (25) pounds or more of any one substance, or in
39 aggregate quantities of twenty (20) gallons or 100 pounds or more of
40 all dangerous waste;
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- A
%.F % r 6 14-4 N 9 cmanuary 2023
1 (E) Fossil fuel exploration or development; and
2 (F) Commercial underground storage tanks in excess of 1,100 gallons.
3 (5) Agricultural uses shall employ best management practices in the application,
4 storage, and disposal of pesticides, herbicides, sterilants, fumigants, and
5 fertilizers, including livestock wastes.
6 (e) Mitigation
7 (1) The Department, Health District and the jurisdictional agency for any affected
g Wellhead Protection Area shall review development proposals to assess
9 aquifer(s) vulnerability and establish needed mitigation. Where determined to
10 be necessary through the site assessment process, development approvals shall
11 include conditions designed to prevent significant degradation of water quality
12 or reduction in water quantity in aquifer recharge areas. Where a wellhead
13 protection plan that addresses the project area exists, the Shoreline
14 Administrative Official shall use the recommendations contained in the
15 wellhead protection plan as a basis for formulating mitigation. In the absence
16 of such a mitigation plan, the Planning Department and/or Health Department
17 shall contact the Public Water System Water Purveyor and jointly develop
18 mitigation, a summary of which shall be signed by the applicant and recorded
19 with the applicants property title.
20 24.12.550 Geologically Hazardous Areas
21 (a) Identification and Designation
22 (1) Geologically Hazardous Areas shall be designated consistent with the
23 definitions provided in WAC 365-190-080(4). Geologically Hazardous Areas
24 as defined in GCC Chapter 24.12 Article VIII and shall include:
25 (A) Erosion Hazards;
26 (B) Landslide Hazards;
27 (C) Mine Hazards; and
28 (D) Seismic Hazards.
29 (2) Erosion Hazard Areas: Those areas identified as having high or very high
30 water erosion hazard by the U.S. Department of Agriculture Natural
31 Resources Conservation Service as designated by the Natural Resources
32 Conservation Service local office.
33 (3) Landslide Hazard Areas: those areas potentially subject to landslides based
34 upon the following combination of geologic, topographic and hydrologic
35 factors:
36 (A) Areas of historic failure including:
37 (i) areas having: (1) a 30 percent slope or steeper; (2) a vertical
38 relief of 30 feet or more; and (3) delineated in Table 10 of the
39 Soil Survey of Grant County Washington, Soil Conservation
Grant County Shoreline Master Program 134
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Sionte ~ ber 201 1anuary 2023
1
Service, USDA, as having "severe: slope" limitations for
2
building site development; and
3
(ii) areas designated as quaternary slumps, earthflows, mudflows,
4
lahars, or landslides on maps or technical reports published by
5
the United States Geological Survey such as topographic or
6
geologic maps, or the Geology and Earth Resources Division
7
of the Washington Department of Natural Resources, or other
g
documents authorized by government agencies.
9
(B) Areas with all of the following characteristics:
10
(i) A gradient of 15% or greater;
11
(ii) Hillsides intersecting geologic contacts with a relatively
12
permeable sediment overlying a relatively impermeable
13
sediment or bedrock; and
14
(iii) Springs or groundwater seepage;
15
(C) Areas that have shown movement during the Holocene Epoch or
16
which are underlain or covered by mass wastage debris of the epoch;
17
(D) Slopes that are parallel or sub -parallel to planes of weakness (such as
18
bedding planes, joint systems, and fault planes) in subsurface
19
materials;
20
(E) Slopes having gradients greater than eighty percent (80%) subject to
21
rockfall during seismic shaking;
22
(F) Areas potentially unstable as a result of rapid stream incision and
23
streambank erosion;
24
(G) Areas located in a canyon or on an active alluvial fan, presently or
25
potentially subject to inundation by debris flows or catastrophic
26
flooding; and
27
(H) Any area with a slope of forty percent (40%) or steeper and with a
2$
vertical relief of ten (10) or more feet except areas composed of solid
29
rock. A slope is delineated by establishing its toe and top and
30
measured by averaging the inclination over at least ten (10) feet of
31
vertical relief.
32
(4) Mine Hazard Areas: Those areas that fall within or 100 horizontal feet of a
33
mine opening at the surface or an area designated as a mine hazard area by the
34
Washington State Department of Natural Resources;
35
(5) Seismic Hazard Areas: Those areas subject to severe risk of damage as a
36
result of earthquake -induced ground shaking, slope failure, settlement, soil
37
liquefaction or surface faulting, including:
38
(A) Areas described in GCC 24.12.550 (a)(2) and (3)or having a potential
39
for soil liquefaction and soil strength loss during groundshaking; and
Grant County Shoreline Master Program 135
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3 n 1 "January 2023
1 (B) Areas located on a Holocene fault line identified by USGS
2 investigative maps and studies.
3 (C) Seismic hazards shall be identified in the Washington State
4 Department of Natural Resources seismic hazard susceptibility maps
5 for Eastern Washington and other geologic resources.
6 (b) Applicability
7 (1) The provisions of GCC 24.12.550 (a) shall apply only to land use and
g development permits or approvals. Permits and approvals required under GCC
9 14.04 shall be exempt from this section. However, the Building Official may
10 require evaluation using the provisions set forth in Chapter 18 of the 1994
11 Uniform Building Code (or the corresponding Chapter in any later adopted
12 edition of the UBC). The expansion of pre-existing structures shall also be
13 exempt so long as the intrusion into an erosion or landslide hazard area does
14 not increase.
15 (c) Maps and References
16 (1) In addition to the Critical Areas Checklist prepared by the applicant and any
17 site reconnaissance conducted by the Department, the Shoreline
18 Administrative Official shall use the following maps and references to assist
19 in making a Preliminary Determination pursuant to GCC 24.12.500 (g):
20 (A) United States Department of Agriculture, Soil Conservation Service
21 Grant County Soil Survey Maps and Tables;
22 (B) All of Grant County lies within a Seismic Risk Zone 2(b), as shown on
23 the Uniform Building Code Seismic Risk Zone Map of the United
24 States;
25 (C) United States Geological Survey topographic and geologic maps; and
26 (D) Seismic hazards shall be identified in Washington State Department of
27 Natural Resources seismic hazard susceptibility maps for Eastern
28 Washington and other geologic resources.
29 (d) Site Assessment Requirements
30 (1) The Shoreline Administrative Official shall conduct a Preliminary Assessment
31 pursuant to GCC 24.12.500 (g) using maps and references identified in GCC
32 24.12.550 (b). If necessary, the Shoreline Administrative Official may consult
33 with the Washington State Department of Natural Resources, the USDA
34 Natural Resources Conservation Service, and the Grant County Building
35 Official. The Shoreline Administrative Official shall:
36 (A) determine if a geological hazard area may be present within 100 feet of
37 the proposed activity; and
38 (B) whether the proposed activity may result in or contribute to an increase
39 in hazard, or may pose a risk to life and property on or off the project
40 site.
Grant County Shoreline Master Program 136
DRAFT REDLINES FOR REVIEW
January 2023
1 (2) If the Shoreline Administrative Official'
has reason to believe that a geological
2 hazard area may beresent within 100
p feet of the proposed activity, the
3 proposed development shall be subject
� to the protection standards and
4 mitigation requirementsursuant to this s Chapter.
5 (3) If the Shoreline Administrative Official
has reason to believe that a geological
6 hazard area may beresent within 100 feet eet of the proposed activity and the
7 proposed activity may result in orcontri '
Y bute to an Increase in hazard, or may
8 pose a risk to life and property o Y
p p y on oroff the project site, a site assessment
9 report shall be submitted to the Department p ent by the applicant. Only a site
10 assessment reportre ared bQualifiedp p y a Geotechnical Professional who has
11 been approved by the Department of Community p ommunity D evelopment shall be
12
accepted.
13 (4) The site assessment report shall include de the following information:
14 (A) A detailed narrative describing the project, including, but not limited
15 to, associatedradin and filling, g g ng, structures, and utilities;
16 (B) Classification of the type of h '
yp hazard that exists;
17 (C) Site plan that depicts: the location on of all proposed improvements, the
18 height of slope, slopegradient
prin s g and cross section of the site; the
19 location of s s
springs, , seep , or other surface expressions of groundwater;
20 and any evidence of surface or '
stormwater runoff;
21 (D) A geotechnical evaluation that includes at a minimum, a description
22 and/or evaluation of the following:
23 (i) Site location topography,
drainage and surface water bodies;
24 (ii) Soils andeolo is unit •
g g s underlying the site,
25 (iii) An assessment of the•
geologic characteristics and engineering
26 of the soils
properties , sediments, and/or rock of the subject
27 pro ert and potentially p Y p y affected adjacent properties. Soils
28 accomplished i
analysis shall be accom
Y n accordance with the Unified
29 Soil Classification System;
30 (iv) Determination of height g of slope and slope gradient, includin
31 slo e cross sections• g
p ,
32 (v) A description of load intensity tensity including surface and
33
groundwater conditions, public and private sewage disposal
34 g p
systems, fills and excavations and all structural development;
35 (vi) An estimate of stability slope
p and the effect construction and
36 placement of structures
will have on the slope over the
37 estimated life of the structure;
3 8 (vii) An estimate of the bluff
retreat rate which recognizes and
39 reflectsotential catastrophic rophic events such as seismic activity
40 or one -hundred -year storm •
y orm event,
Grant County Shoreline Master Program
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DRAFT REDLINES FOR. REVIEW
"January 2023
1 (viii) An assessment describing the extent and type of vegetative;
2 and
3 (ix) A detailed description of the project, its relationship to
4 geologic hazard(s), and its potential impact upon the hazard
5 area, the subject property, and affected adjacent properties.
6 (x) A proposed mitigation plan pursuant to GCC 24.12.550 (f).
7 (5) Qualifications of Qualified Geotechnical Professional: Site assessment reports
g prepared pursuant to GCC 24.12.550(d) shall be prepared by a Professional
9 Engineer registered in the State of Washington, trained and qualified to
10 analyze geologic, geotechnical, hydrologic, and groundwater flow systems, or
11 a geologist or geotechnical engineer who has received a degree from an
12 accredited four-year college or university and who has relevant training and
13
14 experience in analyzing geologic, geotechnical, hydrologic, and groundwater
flow systems. Such qualifications shall be demonstrated to the satisfaction of
15 the Shoreline Administrative Official.
16 (6) The Shoreline Administrative Official shall evaluate documentation submitted
17 pursuant to GCC 24.12.550 (c) and condition permit approvals to minimize
18 risk on both the subject property and proposed improvements as well as
19 affected adjacent properties. All conditions on approvals shall be based on
20 known, available, and reasonable methods of prevention, control, and
21 treatment. Evaluation of geotechnical reports may also constitute grounds for
22 denial of the proposal. Any County permits or approvals issued shall contain a
23 statement on the face of the permit notifying the permit recipient that the
24 permit involves work within or adjacent to a geologic hazard and/or its buffer
25 and that the permit recipient assumes the risk and associated liability for such
26 activity.
27 (e) Protection Standards
28 (1) Erosion and Landslide Hazard Areas:
29 (A) Grading:
30 (i) Clearing, grading, and other construction activities shall not
31 aggravate or result in slope instability or surface sloughing;
32 (ii) Undergrowth shall be preserved to the extent practicable;
33 (iii) No dead vegetation, fill or other foreign material shall be
34 placed within a landslide hazard area, other than that approved
35 for bulkheads or other methods of stabilization unless a
36 geotechnical report shows that the activity will not exacerbate
37 landslide hazards; and
38 (iv) Ground disturbance shall be minimized to the extent
39 practicable.
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
+'n„7January 2023
1
(B) Ground Surface Erosion Control Management:
2
3
(i)
'There shall be minimum disturbance of vegetation in order to
4
minimize erosion and maintain existing stability of hazard
areas;
5
6
(ii)
Vegetation removal on the slopes of banks between the
7
ordinary high water mark and the top of the banks shall be
minimized;
9
Vegetation and organic soil material shall be removed from a
fill site prior to the placement of clean earthen material;
10
11
(iv)
Vegetative cover shall be re-established on any disturbed
surface to the extent practicable; and
12
13
(v)
To the extent practicable, soil stabilization materials such as
14
filter fabrics, rip -rap, and similarly designed materials, shall
be placed on any disturbed surface when future
15
erosion is
likely.
16
(C) Drainage:
17
is
(i)
Surface drainage, including downspouts, shall not be directed
19
across the face of a hazard area; if drainage must be
20
discharged from the top of a hazard area to its toe, it shall be
21
collected above the top and directed to the toe by tight line
22
drain, and provided with an energy dissipative device at the
23
toe for discharge to a swale or other acceptable natural
drainage areas;
24
25
(ii)
Stormwater retention and detention systems, including
26
infiltration systems utilizing buried pipe, may be used if a
27
geotechnical assessment indicates such a system shall not
28
affect slope stability and the system is designed by a licensed
29
civil engineer; the licensed civil engineer shall also certify that
the system is installed as designed.
30
(D) Buffers:
31 (i) An undisturbed thirty (30) foot buffer, as measured on the top
32
33 surface, is required from the top, toe, and along all sides of
any existing landslide or erosion hazard areas;
34 (ii) Based on the results of a geotechnical assessment, the
35 Shoreline Administrative Official may increase or decrease
36 the buffer; and
37 (iii) The buffer shall be clearly staked before any construction or
38 clearing (grading) takes place.
39 (iv) Normal non-destructive pruning and trimming of vegetation
40 for maintenance purposes, or thinning of limbs of individual
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
Icop+„w,►,,,. -,&1 „Jahuary 2023
1
2
(vii)
trees to provide a view corridor shall not be subject to these
buffer requirements.
3
(E) Design Guidelines:
4
5
(i)
Foundations shall conform to the natural contours of the slope
6
25
and foundations should be stepped or tiered where possible to
except when the applicant can demonstrate that stabilization is
26
conform to existing topography;
7
g
(ii)
Roads, walkways, and parking areas shall be designed with
9
low gradients or be parallel to the natural contours of the site;
will result;
28
29
and
10
11
(iii)
To the extent practicable, access shall be in the least sensitive
existing natural slopes are preferred over graded artificial
area of the site.
12
13
(iv)
Structures and improvements shall be clustered to avoid
Development shall be designed to minimize impervious lot
geologically hazardous areas and other critical areas;
14
15
(v)
Structures and improvements shall minimize alterations to the
16
35
natural contours of the slope and foundations shall be tiered
foreseeable risk from geological conditions to people or
36
where possible to conform to existingtopography;
17
is
(vi)
Structures and improvements shall be located to preserve the
19
37
most critical portion of the site and its natural landforms and
Standards for Erosion and Landslide Hazard Areas:
38
39
vegetation;
20
21
(vii)
The proposed development shall not result in greater risk or a
need for increased buffers on neighboring properties;
22
23
(viii)
New development that would require structural shoreline
24
stabilization over the life of the development is prohibited
25
except when the applicant can demonstrate that stabilization is
26
necessary to protect allowed uses where no alternative
27
locations are available and no net loss of ecological functions
will result;
28
29
(ix)
The use of a retaining wall that allows the maintenance of
30
existing natural slopes are preferred over graded artificial
slopes;
31
32
(x)
Development shall be designed to minimize impervious lot
coverage; and
33
34
(xi)
New development or the creation of new lots that would cause
35
foreseeable risk from geological conditions to people or
36
improvements during the life of the development is
prohibited.
37
(F) Additional
Standards for Erosion and Landslide Hazard Areas:
38
39
(i)
No critical facilities shall be constructed or located within an
erosion or landslide hazard area;
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
Con+omhor �nh ^January 2023
1
2
3
4
5
6
7
8
9
10
11
12
13
14 (f)
No new structures shall be located on a permanent foundation
within an erosion or landslide hazard area, unless the
foundation is located at a distance landward of the ordinary
high water mark that is greater than or equal to the amount of
land that is expected to erode within the next thirty (30) years
as determined by the Administrator;
New septic system drainfields in an erosion hazard area shall
be located landward of any new structure; and
(2) Mine Hazard Areas: Development within a mine hazard area is prohibited.
(3) Seismic Hazard Areas: Development within areas that meet the classification
criteria for seismic hazard areas shall comply with the Uniform Building Code
requirements for Seismic Risk Zone 2a as adopted by Grant County. No other
permits are required by this ordinance for seismic hazards.
Mitigation
15 (1) When mitigation is required by this section, a mitigation plan shall be
16 prepared by a Qualified Geotechnical Professional and shall:
17 (A) Include a discussion on how the project has been designed to avoid
18 and minimize the impacts to geologically hazardous areas;
19 (B) Make a recommendation for the minimum building setback from any
20 bluff edge and/or other geologic hazard and shall be based upon the
21 geotechnical analysis under GCC 24.12.550 (d)(4)(D);
22 (C) Include the location and methods of drainage, locations and methods
23 of erosion control, a vegetation management and/or restoration plan
24 and/or other means for maintaining long term stability of slopes;
25 (D) Address the potential impact of mitigation on the hazard area, the
26 subject property and proposed improvements and affected adjacent
27 properties;
28 (E) Include a temporary erosion and sedimentation control plan prepared
29 in accordance with the requirements of GCC 23.12;
30 (F) Include a drainage plan for the collection, transport, treatment, and
31 discharge of surface water in accordance with the requirements of
32 GCC 23.12; and
33 (G) Demonstrate compliance with GCC 24.12.550 (e).
34 24.12.560 Frequently Flooded Areas
35 (a) Identification and Designation
36 (1) Frequently flooded areas shall be those floodways and associated floodplains
37 designated by the Federal Emergency Management Agency (FEMA) flood
38 hazard classifications as delineated on the most current available Flood
39 Insurance Rate Maps for Grant County, or as subsequently revised by FEMA,
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
Core-nr,,.,hnr �n� nJanuary 2023
I as being within the 100 -year flood plain, or those floodways and associated
2 floodplains delineated by a comprehensive flood hazard management plan
3 adopted by Grant County Board of Commissioners, as being within the 100-
4 year floodplain or having experienced historic flooding; or channel migration
5 zones (CMZ) identified through mapping developed as part of the 2013 SMP
6 update. The CMZ is considered to be that area of a stream channel which may
7 erode as a result of normal and naturally occurring processes and has been
g mapped consistent with WAC 173-26-221(3)(b). For the purpose of this
9 ordinance, in case of conflict between FEMA flood hazard maps and the
10 comprehensive flood hazard management plan designations, the more
11 restrictive designation shall apply.
12 (b) Maps and References
13 (1) In addition to the Critical Areas Checklist prepared by the applicant and any
14 site reconnaissance conducted by the Department, the Shoreline
15 Administrative Official shall use the following maps and references to assist
16 in making a Preliminary Determination pursuant to GCC 24.12.500 (g):
1 � (A) F.E.M.A. Flood Insurance Rate Maps (FIRM), most current available.
i $
19 (B) Maps and reference documents in the Grant County SMP Inventory,
Analysis, and Characterization report, as applicable;
21
20 (C) CMZ mapping developed as part of the 2013 SMP update, noting
applicants for shoreline development or modification may submit a
22 site-specific channel migration zone study if they believe these
23 conditions do not exist on the subject property and the map is in error.
24 The CMZ study must be prepared consistent with WAC 173-26-
25 221(3)(b), and may include, but is not limited to, historic aerial
26 photographs, topographic mapping, flooding records, .and field
27 verification. The CMZ must be prepared by a licensed geologist or
28
29 engineer with at least five years of applied experience in assessing
fluvial geomorphic processes and channel response.
30 (i) Channel migration zone maps prepared consistent with WAC
31 173- 26-221(3)(b) are included in Grant County's SMP
32
33 Inventory, Analysis, and Characterization report. These maps 34 provide complete coverage of waterbodies in Grant County
that have potential for channel migration. The responsible
35 local government shall utilize these maps in shoreline
36 application reviews.
37 (ii) Applicants for shoreline development or modification may
38 submit asite-specific channel migration zone study if they do
39 not agree with the mapping in Grant County's SMP Inventory,
40 Analysis, and Characterization report.
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
sem+��.hor A-0 dril nuarY 2023
1 (c) Site Assessment Requirements
2 (1) The Shoreline Administrative Official shall conduct a Preliminary Assessment
3 pursuant to GCC 24.12.500
4 (g) using maps and references identified in GCC
24.12.560 (b). If necessary, the Shoreline Administrative Official may consult
5 with the Federal Emergency Management Agency and the Grant County
6 Engineer. The Shoreline Administrative Official shall determine if a
� frequently flooded area may be present within 100 feet of the proposed
g activity.
9 (2) If an area of interest is not included in a comprehensive flood hazard
10 management plan adopted by the Board of County Commissioners, and the
11 County Engineer believes that the FEMA FIRM maps do not correctly
12 delineate the 100 -year floodplain, the County Engineer may delineate the 100-
13 year flood plain based on documented historic flooding of the area. If such
14 documentation is not adequate to allow the County Engineer to make such
15
16 delineation, the applicant shall provide a flood hazard study prepared by a
Professional Engineer assessing the extent of the 100 -year floodplain, which
17 shall be subject to approval by the County Engineer.
18 (3) If the Shoreline Administrative Official has reason to believe that a frequently
19 flooded area may be present within 100 feet of the proposed activity, the
20 proposed development shall be subject to the protection standards and
21 mitigation requirements pursuant to this Chapter.
22 (4) The site assessment report shall include the following information:
23 (A) A detailed narrative describing the project, including, but not limited
24 to, associated grading and filling, structures, and utilities;
25 (B) Site plan that depicts the location of all proposed improvements and
26 existing topography, drainage and surface water bodies; and
27 (C) If the FEMA FIRM maps do not specify a base flood elevation, the
28 applicant shall prepare and submit a flood elevation certificate on form
29 provided by the Department.
30 (5) Documentation of alternate channel migration zone boundaries must be
31 prepared consistent with WAC 173-26-221(3)(b),may include
t is not
32 limited to, historic aerial photographs, topographic floodingurecords
34
33 and field verification. (based on WAC 173-26-221(3)(b))
and comments by
U.S. Fish and Wildlife Service).
35 (d) Protection Standards
36 (1) All development within frequently flooded areas shall comply with the Grant
37 County Flood Damage and Prevention Ordinance (GCC 24-.4,614.02); GCC
38 24.12.270, Flood Hazard Reduction, the Grant County Shoreline Master
39 Program, the Uniform Building Code regarding structural safeguards to
40 reduce risk to human life, health and property from flooding, and other
41 pertinent ordinances and codes.
Grant County Shoreline Master Program
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2914J a n u a ry 2023
1 (2) Any use or development shall not alter the normal movement of surface water
2 in a manner that would cause the unnatural diversion of floodwater to
3 otherwise flood -free areas.
4 (3) CMZs shall be regulated as floodways, and shall apply only to those
5 watercourses listed below:
6 (A) Rocky Ford Creek
7 (B) Upper and Lower Crab Creek
g (C) Lind Coulee.
9 24.12.570 Cultural Resource Areas
10 (a) Identification and Designation
11 (1) Cultural resources are those areas that have been identified as having lands,
12 sites, and structures that have historical or archaeological significance.
13 (b) Maps and References
14 (1) Archaeological sites are subject to RCW 27.44 (Indian Grave and Records),
15 RCW 68.50 (Human Remains), RCW 68.60' (Abandoned and Historic
16 Cemeteries and Historic Graves) and RCW 27.53 (Archaeological Sites and
17 Records) and must comply with WAC 25-48 (Archaeological Excavation and
i$ Removal Permit). Archaeological excavations are allowed subject to
19 applicable laws.
24 (2) Maps and reference documents in the Grant County SMP Inventory, Analysis,
21 and Characterization report, as applicable.
22 (3) In addition to the Critical Areas Checklist prepared by the applicant and any
23 site reconnaissance conducted by the Department, the Shoreline
24 Administrative Official shall review and use data obtained from the State
25 Department of Archaeology and Historic Preservation (DAHP) through Grant
26 County's data sharing agreement, to assist in making a Preliminary
27 Determination pursuant to GCC 24.12.500(g).
28 (c) Site Assessment Requirements
29 (1) When an application for a permit is received within 500 feet of a site known
30 to contain historic, cultural, or archaeological artifacts and data, the County
31 shall not take action on the application and shall inform the applicant thereof,
32 and the applicant shall not initiate any excavation or development activity
33 until the site has been inspected and a written evaluation is provided by a
34 Professional Archaeologist. If an archaeological site is present and cannot be
35 avoided, a permit must be obtained from DAHP pursuant RCW 27.53 if an
36 archaeological excavation is necessary.
37 (2) All permits shall contain a special provision advising the permit holder that if
38 during excavation or development of the site an area of potential
39 archaeological significance is uncovered, all activity in the immediate vicinity
40 of the find must be halted immediately and the Administrator must be notified
Grant County Shoreline Master Program
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%.f %— r V. %- I I a V.0 %-7Jai�uary 2023
1 at once. The project proponent shall contact the appropriate Native American
2 tribal organization(s) or other appropriate group, County and DAHP. This
3 contact shall initiate a consultation process for determining subsequent
4 actions. Activities authorized by the permit will not be delayed more than five
5 (5) working days for a finding of significance by the Shoreline Administrative
6 Official, following the Shoreline Administrative Official's receipt of
7 notification, unless the permit holder agrees to an extension of that time
g period.
9
(3) All development proposed for location adjacent to sites which are listed or
10
are determined by the appropriate State or Federal authority e eligible to bfor
11
listing in the state or national registers or historicp laces, must be located so as
12
to complement the historic site. Development, which degrades or destroys the
g y
13
historical character of such sites, is not permitted.
14
(4) Identified historical or archaeological resources must be considered in site
15
planning for public parks, public open space, andp ublic access and site
16
planning, with access to such areas designed and managed so as to give
17
maximum protection to the resource.
18
(5) The site assessment report shall include the following information:
19
(A) A detailed narrative describing the project, its relationship to the
20
cultural resource area and its potential impact to the cultural resource;
21
(B) Site plan indicating the location of proposed development in reference
22
to the location of the cultural resource/archaeological site;
23
(C) A description outlining the local topography, geology, water sources,
24
vegetation, wildlife, and any notable environmental conditions;
25
(D) A detailed summary of what was actually observed;
26
(E) A brief summary of the prehistory, history, and ethnography of the
g
27
study area citing major studies and their results.
28
(F) If the cultural resource site assessment identifies thep resence of
29
significant historic or archaeological resources, a Cultural Resource
30
Management Plan (CRMP) shall be prepared b professional
Y a
31
archaeologist or historic preservation professional, as applicable. The
pp
32
fee for the services of the professional archaeologist or historic
33
preservation professional shall be paid by the landowner or responsible
34
party. In the preparation of such plans, the professional archaeologist
35
or historic preservation professional shall solicit comments from the
36
Washington State Department of Archaeology and Historic
37
Preservation, and the local tribes (Yakama, Colville, Wana um Band).
p ) .
38
(G) A description of applicable federal and state laws forp rotection of
39
cultural and historic resources, along with associated requirements and
40
processes to follow.
Grant County Shoreline Master Program 145
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��r+�"',"^r'n�January 2023
r.�.. ■N41
L
1 (d) Protection Standards
2 (1) All development within cultural resources areas shall comply with the
3 conditions included in the site
assessment report as approved by the Shoreline
4 Administrative Official and c '
comply with applicable state and federal laws for
5 the protection of archaeological '
g a1 and historic resources.
6 (2) During any construction authorized orized under the development approval if human
7 remains are discovered during•es, a '
ground disturbing activitill develo ment
8 activity shall cease immediate p
immediately and the applicant, or his contractor ora agent,
9 shall immediatelycontact the g '
Shoreline Administrative Official and DAHP
10 for further instruction. This c initiate contact shall initiate a consultation process for
11 determinin subsequent actions. Activities g q ons. Activities authorized by the permit will not
12 be delayed more than five
(5) working days for a finding of significance b
13 the Shoreline Administrativeg Y
Official, following the Shoreline Administrative
14 Official's receipt of notification, 15 p on, unless the permit holder agrees to an
extension of that time period.
16
17 Article VI. Existing Uses, Structures and Lots
18 24.12.600 Applicability
19 (a) All nonconformances in shoreline'u '
� risdiction shall be subject to the provisions of this
20 article. For nonconformance of use structures, and lots within shoreline critical areas
21 GCC 24.12, Article V, Critical Areas'
applies. When there is a conflict between this
22 Section and the Critical Area Section
as applicable to critical areas, the more
23 restrictive standards shall apply.
1 .
24 (b) The provisions of this chapter do not supersede or relieve a property owner from
25 compliance with:
26 (1) The requirements of the International Building and Fire Codes; or
27 (2) The provisions of the SMP beyond the specific nonconformance addressed by
28 this chapter.
29 (c) A change in the required permit review process (e.g. Shoreline Substantial
30 Development Permit versus a Shoreline Conditional Use Permit) shall not create a
31 nonconformance.
32 (d) Any nonconformance that is brought into conformance for any period of time shall
33 forfeit status as nonconformance, except as specified in GCC 24.12.610,
34 Nonconforming Uses.
35 (e) A nonconforming lot, use, or structure maybe deemed legally nonconforming by
36 providing documentation that the use in question occurred prior to the effective date
37 of this SMP, from one of the following:
38 (1) Local agency permit;
39 (2) Orthophoto, aerial photo or planimetric mapping recognized as legitimate by
40 the agency; or
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
�9
2&1-4January 2023
1 (3) Tax record
2 24.12.610 Nonconforming Uses
3 (a) If, at the effective date of the SMP and any amendment thereto a lawful
use of land
4 exists that is made no longer permissible under the terms of this SMP or
amendments
5 thereto, such use may be continued as a nonconforminguse so long as it r
6 g remains
otherwise lawful subject to the following conditions:
7 (1) No nonconforming use shall be intensified, enlarged, increased, or extended to
g occupy a greater area of land than was occupied on the effective date of the
9 SMP or amendment that made the use no longer permissible. Provided that a
10 nonconforming use maybe enlarged, increased or extended in conformance
11 with applicable bulk and dimensional standards of this SMP upon approval of
12 a shoreline conditional use permit.
13 (2) No nonconforming use shall be moved in whole or in part to any other portion
14 of the lot which contains the nonconforming use.
15 (3) If any nonconforming use of land ceases for any reason for a period of one
16 year, any subsequent use of such land shall conform to the regulations
17 specified by this SMP for the use environment in which such land is located.
18 (4) A structure which is being or has been used for a nonconforming use maybe
19 used for a different nonconforming use only upon a finding that:
20 (A) No reasonable alternative conforming use is practical;
21 (B) The proposed use is equally or more appropriate to the shoreline
22 environment than the existing nonconforming use, and is at least as
23 consistent with the policies and provisions of the act and the SMP;
24 (C) Such a change of use shall be subject to conditional use permit
25 approval. Conditions maybe attached to the permit as are deemed
26 necessary to assure compliance with the above findings, the
27 requirements of the master program and the Act and to assure that the
28 use will not become a nuisance or a hazard.
29 24.12.620 Nonconforming Structures
30 (a) If, at the effective date of the SMP or any amendment thereto a lawful structure ructure or
31
other improvement exists which is made no longer permissible under the terms of this
32 SMP or amendment thereto, such structure or other improvement may b e c
• P y continued
3 3 as a nonconforming structure or other improvement so long as it remains o
. g otherwise
34 lawful, subject to the following conditions:
35 (1) No nonconforming structure or other improvement shall be altered
p or changed
36 in a way which increases its nonconformity except as allowed in "2"
p
37 (2) Expansions of structures that are nonconforming with respect to a required
38 shoreline buffer:
39 (A) May not encroach any farther waterward into the required shoreline
40 buffer.
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Ce�oimp hor 2-n 'January 2023
1 (B) Expansions parallel to or landward of shoreline maybe allowed
2 provided that said enlargement does not increase the extent of
3 nonconformity by further encroaching upon or extending into areas
4 where construction or use would not be allowed for new development
5 or uses. Expansions shall restore a portion of the shoreline buffer with
6 riparian vegetation ata 1:1 area ratio to offset the adverse impact.
7 When such expansions occur upland of an existing levee, the
g applicant's critical areas report may justify a smaller ratio provided
9 that the study demonstrates no net loss of ecological functions.
10
(3) All expansion, extension, maintenance or repair activities of nonconforming
11
structures or improvements shall be consistent with all other provisions of this
12
Program, provided the cumulative cost of such maintenance or repair within
13
any 180 -day period shall not exceed 50 percent of the assessed valuation of
14
such building, structure, or land (as applicable) at the time such maintenance
15
is completed.
16
(4) When damaged, a nonconforming structure may be restored to the
17
configuration existing immediately prior to the time that the structure was
18
damaged, provided that:
19
(A) The structure is damaged to an extent not exceeding seventy-five
20
percent of the replacement cost of the original development.
21
(B) The applicant applies for permits needed to restore the development
22
within six months of the date the damage occurred.
23 (C) Reconstruction is started within 12 months and is completed within 24
24 months of the date of damage, unless an extension of time is granted
25 by the Shoreline Administrative Official upon written petition
26 substantiating to the satisfaction of the Administrative Official due
27 cause for such extension;
28 (D) The degree of the nonconforming use, building or structure is not
29 increased
30 (5) Nothing in this section will prohibit vertical expansion up to the height
31 allowed in the applicable use environment, provided all other applicable
32 requirements of Grant County development regulations are met.
33 (6) Upkeep, repairs, and maintenance of a nonconforming structure or other
34 improvement shall be permitted.
35 (b) Should such structure or other improvement be moved for any reason for any distance
36 whatever, it shall thereafter conform to the regulations for the use environment in
37 which it is located. Conformance shall be required when:
38 (1) A change of use is proposed;
39 (2) The use is terminated or discontinued for more than one year, or the
40 structure(s) that houses the use is vacated for more than one year; or
Grant County Shoreline Master Program 148
DRAFT REDLINES FOR REVIEW
1-,41 a n u a ry 2023
1 (3) The structure(s) or activity that occurs on the land in which the use is
2 conducted is proposed for relocation.
3 (c) Residential structures and appurtenant structures that were legally established and are
4 used for a conforming use, but that do not meet standards for the following shall be
5 considered a conforming structure: setbacks, buffers, or yards; area; bulk; height; or
6 density.
7 (d_For purposes of this section, "appurtenant structures" means garages, sheds, and other
8 legally established structures. "Appurtenant structures" does not include bulkheads
9 and other shoreline modifications or over -water structures.
10 24.12.630 Nonconformm lots
11 (a) A nonconforming lot mqy be developed if permitted by other land use regulations of
12 the local government and so lou as such development conforms to all other
13 requirements of thea livable master pro axe. and the act.
14
15 Article VII. Administration and Enforcement
16 24.12.700 Roles and Responsibilities
17 (a) Shoreline Administrative Official
18 (1) The Grant County Community Development Director or his/her designee shall
19 serve as the Shoreline Administrative Official, issue written Shoreline
20 Exemptions as appropriate, and in the case of a Shoreline Substantial
21 Development Permit (SDP) to grant or deny the permit. The administrator
22 shall administer the shoreline permit and notification systems, and shall be
23 responsible for coordinating the administration of shoreline regulations with
24 zoning enforcement, building permits, and all other regulations regulating
25 land use and development in the County.
26 (2) The Shoreline Administrative Official shall be familiar with regulatory
27 measures pertaining to shorelines and their use, and, within the limits of his or
28 her authority, shall cooperate in the administration of these measures. Permits
29 issued under the provisions of this shoreline regulation shall be coordinated
30 with other land use and development regulatory measures of the County. The
31 Shoreline Administrative Official shall establish procedures that advise all
32 parties seeking building permits or other development authorization of the
33 need to consider possible shoreline applications. It is the intent of the County,
34 consistent with its regulatory obligations, to simplify and facilitate the
35 processing of Shoreline Substantial Development Permits.
36 (3) The Shoreline Administrative Official shall assure that proposed regulatory or
37 administrative actions do not unconstitutionally infringe upon private property
38 rights. Shoreline goals and policies should be pursued through the regulation
39 of development of private property only to an extent that is consistent with all
40 relevant constitutional and other legal limitations (where applicable, statutory
Grant County Shoreline Master Program 149
DRAFT REDLINES FOR REVIEW
201 "January 2023
1 limitations such as those contained in chapter 82.02 RCW and RCW
2 43.21 C.060) on the regulation of private property.
3 (4) The Shoreline Administrative Official shall apply GCC 24.12.210, General
4 Provisions for shoreline critical areas.
5 (b) Hearing Examiner
6 (1) The Hearing Examiner shall have the authority to decide on appeals from
7 administrative decisions issued by the Administrator of this SMP.
8 (2) The Hearing Examiner may grant or deny Shoreline Variances and Shoreline
9 Conditional Use Permits, following an open record hearing.
10 (c) Planning Commission. The Planning Commission is vested with the responsibility to
11 review the SMP as part of regular SMP updates required by RCW 90.58.080 as a
12 major element of the County's planning and regulatory program, and make
13 recommendations for amendments thereof to the County Commissioners.
14 (d) County Commission. The County Commission is vested with authority to:
15 (1) Initiate an amendment to this SMP according to the procedures prescribed in
16 WAC 173-26-100.
17 (2) Adopt all amendments to this SMP, after consideration of the
18 recommendation of the Planning Commission. Substantive amendments shall
19 become effective immediately upon adoption by Ecology.
20 24.12.710 Interpretation
21 (a) Under the administrative provisions, the Shoreline Administrative Official shall have
22 authority to interpret this SMP when such interpretation is clearly consistent with the
23 goals and policies of this SMP and the Act.
24 (b) The County shall consult with Ecology if formal written interpretations are developed
25 as a result of a lack of clear guidance in the Act, the SMP Guidelines, or this Master
26 Program to ensure that any are consistent with the purpose and intent of Chapter
27 90.58 and 173-26 WAC.
28 24.12.720 Statutory Noticing Requirements
29 (a) At a minimum the County shall provide notice in accordance with WAC 173.27-110,
30 and may provide for additional noticing requirements
31 24.12.730 Application Requirements
32 (a) A complete application for a Shoreline Substantial Development, Shoreline
33 Conditional Use, or Shoreline Variance Permit shall contain, at a minimum, the
34 information listed in WAC 173-27-180.
35 (b) The Shoreline Administrative Official shall provide written informational materials,
36 procedures, instructions, and forms, required to submit an application for a shoreline
37 substantial development permit, variance, or conditional use permit.
Grant County Shoreline Master Program 150
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" ,4Januar� 2023
1 (c) These materials should include but are not limited to a plan cover sheet; a Joint
2 Aquatic Resource Permits Application (JARPA) form; SEPA checklist; fee schedule;
3 review criteria; process and timelines to assist potential applicants and interested
4 parties on the permit application submittal and review process.
5 (d) The Shoreline Administrative Official may vary or waive these requirements
6 according to administrative application requirements on a case-by-case basis.
7 (e) The Shoreline Administrative Official may require additional specific information
g depending on the nature of the proposal and the presence of sensitive ecological
9 features or issues related to compliance with other County requirements, and the
10 provisions of this SMP.
11 24.12.740 Exemptions from Shoreline Substantial Development Permits
12 (a) An exemption from the Shoreline Substantial Development Permit process is not an
13 exemption from compliance with the SMA or this SMP, or from any other regulatory
14 requirements. All proposed uses, activities, or development occurring within
15 shoreline jurisdiction must conform to the intent and requirements of Chapter 90.58
16 RCW, the SMA, and this SMP whether or not a permit or other form of authorization
17 is required.
18 (b) Letters of exemption shall be issued by the County when an exemption applies or
19 when a letter of exemption is required by the provisions of WAC 173-27-050 and as
20 follows:
21 (1) Any person claiming exemption from the substantial development permit
22 requirements shall make an application to the Shoreline Administrative
23 Official for such an exemption in the manner prescribed by the Shoreline
24 Administrative Official, except that no written statement of exemption is
25 required for emergency development pursuant to WAC 2 173-27-040 ( )(d)
26
(2) The Shoreline Administrative Official is authorized to grant or deny requests
27 for statements of exemption from the shoreline substantial development
28 permit requirement for uses and developments within shorelines that are
29
30 specifically listed in Section 24.12.740(d). The statement shall be in writing 31 and shall indicate the specific exemption of this Program that is being applied
to the development, and shall provide a summary of the Shoreline
32
33 Administrative Official's analysis of the consistency of the project with this 34 Program and the Act. The letter shall be sent to the applicant and maintained
on file in the offices of the Shoreline Administrative Official.
35 (3) Statements of exemption may contain conditions and/or mitigating measures
36 of approval to achieve consistency and compliance with the provisions of this
37 Program and the Act
38 (4) A denial of an exemption shall be in writing and shall identify the reasons)
39 for the denial. The Shoreline Administrative Official's decision maybe
40 appealed pursuant to GCC 24.12.810.
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1 (5) Exempt activities requiring a JARPA shall not be conducted until a statement
2 of exemption has been obtained from the Shoreline Administrative Official.
3 (c) Interpretations of Exemptions
4 (1) Exemptions shall be construed narrowly. Only those developments that meet
5 the precise terms of one or more of the listed exemptions may be granted
6 exemption from the Shoreline Substantial Development Permit process.
7 (2) A development or use that is listed as a conditional use pursuant to this SMP
$ oris an unlisted use, must obtain a Shoreline Conditional Use Permit even
9 though the development or use does not require a Shoreline Substantial
10 Development Permit. When a development or use is proposed that does not
11 comply with the bulk, dimensional and performance standards of this SMP,
12 such development or use can only be authorized by approval of a Shoreline
13 Variance.
14 (3) The burden of proof that a development or use is exempt from the permit
15 process is on the applicant.
16 (4) If any part of a proposed development is not eligible for exemption, then a
17 Shoreline Substantial Development Permit is required for the entire proposed
18 development project.
19 (5) The County may attach conditions to the approval of exempted developments
20 and/or uses as necessary to assure consistency of the project with the SMA
21 and this SMP. Additionally, nothing shall interfere with each responsible local
22 government's ability to require compliance with all other applicable laws and
23 plans.
24 (d) The County shall exempt from the Shoreline Substantial Development Permit
25 requirement the shoreline developments listed below:
26 (1) Any development of which the total cost or fair market value does not exceed
27 &ix -eight thousand, fetw-five hundred, Wit- four dollars($W 504.00) or
28 as adjusted by the State Office of Financial Management) if such development
29 does not materially interfere with the normal public use of the water or
30
31 shorelines of the state. For purposes of determining whether or not a permit is
required, the total cost or fair market value shall be based on the value of
32 development that is occurring on shorelines of the state as defined in RCW
33
34 90.58.030 (2)(c). The total cost or fair market value of the development shall 35 include the fair market value of any donated, contributed, or found labor,
equipment, or materials.
36 (2) Normal maintenance or repair '
p of existing legally -established structures or
37 developments, including'
damage by accident, fire, or elements. Replacement
38 of a structure or development p
p may be authorized as repair where such
39 replacement is the common m '
method of repair for the type of structure or
40 development and the replacement 41 p ent structure or development is comparable to
the original development including structure or develo
42 p g but not limited to its size,
shape, configuration, location, and external appearance and the replacement
Grant County Shoreline Master Program
152
DRAFT REDLINES FOR REVIEW
1 does not cause substantial adverse effects
to shoreline resources or
2
environment.
3 (3) Construction
of a normal protective bulkhead common '
4 to single-family
residences. A "normal protective" bulkhead includes ncludes those structural and
nonstructural developments installed at or near, and
6 high water � parallel to, the ordinary
g mark for the sole purpose of protecting an 7 residence a p g existing single-family
and appurtenant structures from loss or damage mage by erosion. A
t if
9 creating normal protective bulkhead is not exempt
d p constructed for the purpose of
dry land. When a vertical or near vertical w '
10 all is being constructed or
reconstructed, not more than one (1) cubic and of fi
11 may b y 11 per one (1) foot of wall
y e used as backfill. When an existingbulkhead •
12 const • d is being repaired by
ruction of a vertical wall fronting the existing wall, 13 constructedg 1, it shall b e
no further waterward of the existingb
14 for c bulkhead than is necessary
construction of new footings. When a bulkhead has
15 an ordinarydeteriorated such that
high water mark has been established b
16 of Ovate y the presence and action
r landward of the bulkhead then the replacement 17 located at p ement bulkhead must be
or near the actual ordinary high water mark. Beach '
18 bioengineered ach nourishment and
g d erosion control projects may be considered 19 bulkhead y Bred a normal protective
when any structural elements are consistent nt with the above
requirements and when the project has been approved pproved by the Department of
Fish and Wildlife (WDFW).
22 (4) Emergencyconstructs
23 on necessary to protect property from damage
elements. An "emergency" g by the
" g ncy" is an unanticipated and imminent
24 health safety,p anent threat to public
or the environment that requires immediate
25 too short to allow full action within a time
compliance with this chapter. Emergency co
26 does not include developmentg y nstruction
of new permanent rotective structures 27 none previously exis p ructures where
p y ted. Where new protective structures are
28 deemed by the
Shoreline Administrative Official to be the appropriate means to
29 emergencysituation address the
3 0 , upon abatement of the emergenc situation th
structure shall be removed y e new
31 or any permit that would have been required
absent an emergency, pursuant to RC '
32 p W 90.58 these regulations, or this
Program, shall be obtained. All emergency '
33 with the g y construction shall be consistent
policies and requirements of this chapter, 34 Program. p , RCW 90.58, and this
gr m. As a general matter, flooding or other seas
3 5 g oval events that can be
anticipated and may occur but that are not imminent are not an emergency.
3 6 (A) The following criteria shall exist to qualify any action under a
37 n
emergency provision:
38
(i) There must be an immediate threat at to life, public or private
di
meate threat of serious environmental
40 a . property, or an immediate
degradation dation arising from a natural condition, , or non -natural
accident or incident;
42 ii ( The e response ) emergency res shall be
43 p confined to the action
necessary to protect life or property from damage;
Grant County Shoreline Master Program
DRAFT REDLINES153
F4R REVIEW
S'a r lanuary2023
2
(iii) The scope of the emergency response must be limited to the
work necessary to relieve the immediate threat; and
3
4
(iv) The emergency response applies only to the period of time in
which the actual emergency exists.
5
6
(B) Once the emergency is abated or dissipated as deemed by
7
jurisdictional authorities, compliance with the requirements of this
chapter is required.
g
9
(C) Emergency actions shall use reasonable methods that minimize the
1 0
impact to critical areas and their buffers. Persons who take emergency
11
action shall notify the Shoreline Administrative Official wit
in one (1)
working day following commencement
12
13
of the emergency activity.
Following such notification, the Shoreline Administrative Official
14
shall determine if the action taken was within the scope and definition
15
of emergency actions as defined above. If the Shoreline Administrative
16
Official determines that the action taken or any part of the action taken
was beyond the scope and definition
17
of allowed emergency actions,
then the enforcement provisions of GCC 25.16 shall apply.
pp1ruction
i $
19
(5) Constand practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads
20
21
and utilities on
shorelands, and the construction and maintenance of irrigation structures
including but not limited to head
22
23
gates, pumping facilities, and irrigation
channels. A feedlot of any size, all processing plants, other activities of a
24
commercial nature, alteration of the contour of the shorelands by leveling or
filling other than that which results from
25
normal cultivation, shall not be
considered normal or necessary farming or ranching activities.
26
27
(6) Construction or modification of navigational aids such as channel markers and
anchor buoys.
28 (7) Construction on shorelands by r an owner, lessee, or contract purchaseof a
29 single-familyresidence or appurtenance for their own use or for the use of
3 0 their family, which residence
does not exceed a height of thirty-five(35)fe
31 above average et
g grade level, and which meets all requirements of
3 2 other than re q the County,
requirements imposed pursuant to RCW 90.58. Construction
3 3 authorized under this exemption shall be located landward of the ordinary
3 4 ptihigh water mark.
35 LU -Construction of a dock including ding a community dock, designed for pleasure
36 craft only, for the private g p e
3 p non-commercial use of the owner, lessee, or contract
purchaser of a single-family or multiple -family residence. 3 8 p y sidence. A Back.ls a landing moorage facility for watercraft and does n
3 9 not include recreational decks
Stora e facilities or other app urtenances. This exception'
40a lies if the fair
market value of the dock does not exceed:
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DRAFT REDLINES FOR REVIEW
E;f e%Vp t. te. - R". b. e F 2 QW 'A. - 4.01anuary 2023
I
2
a. Tweet $ 500 r docks that are
3
co lesser square footapre,
than e exist- dock bein re laced-
r
4
5
b. Eleven thousand two hundred ($11,200) dollars for all other docks constructed
in fresh waters.
6
7
a --c- However, if i subsen
sencent construction occurs within five years of com-oletion of
the
8
prior construction, and the combined fair market value of the subsequent
9
construction exceeds the amount mecified above, the subsequent
10
construction-, shall be considered a substantial development for 0, 0 f
thisshapter. r-rn*v 9 0 r theDUMOR
_T.77Q1-1 11
11
JL J Q
17
%JAJI%Wi
12
-
13
91 .11" - adred
Aall
14
• •
.1
e 0 f I 94h"
15
Et sr�
16
17reservoirs,or
JL
{��}�°�Operation, maintenance, repair, or construction of canals, waterways, drains
18
other facilities that now exist or are hereafter created or
19
developed as a part of the Columbia Basin Project or an irrigation system for
20
the primary purpose of making use of Columbia Basin Project waters
21
including return flow and artificially stored ground water from the irrigation
of lands.
22
23
"tj 0 The marking of property lines or comers on state-owned lands, when such
24
marking does not significantly interfere with normal public use of the surface
of the water.
25
26
0-8) 11 _Operation and maintenanceof existing and future system of dikes, drains
27
or other facilities existing on September 8, i 975 (where water is being drained
28
from irrigation runoff or shallow groundwater levels artificially recharged
29
through irrigation, and that which are created, developed or utilized primarily
as a part of an agricultural drainage or diking system.
30
kX ]U7
31•
112!
32
33
(12) Site exploration and investigation activities that are prerequisite to preparation
of an application for development authorization under this chapter, if:
34
35,
(A) The activity does not interfere with the normal public use of surface
waters;
3 6 (B) The activity will have no significant adverse imp . act on the
37 environment including but not limited to fish, wildlife fish or
38 habitat, water quality, and aesthetic values; , wildlife
39 (C) The activity does not involve the installation of any structure, and
40 upon completion of the activity the vegetation and land configuration
41 of the site are restored to conditions existing before the activit- and
Y5
Grant County Shoreline Master Program
DRAFT REDLINES FOR REVIEW
yfa.�f�h � I
or Ir1�anUary 2023
1 (D) A private entity seeking development authorization under this section
2 first posts a performance bond or provides other evidence of financial
3 responsibility to the local jurisdiction to assure that the site is restored
4 to preexisting conditions.
5 (13) The process of removing or controlling aquatic noxious weeds, as defined in
6 RCW 17.26.020, through the use of an herbicide or other treatment methods
7 applicable to weed control published by the Departments of Agriculture or
g Ecology jointly with other state agencies under RCW 43.21 C.
9 (14) Watershed restoration projects as defined in RCW 89.08.460.
10 (15) A public or private project that is designed to improve fish or wildlife habitat
11 or fish passage, consistent with RCW 90.5 8.147 and RCW 77.55.181. wh�m
12 1311
13
14
15
16
ITL.MLL.LJL '111 C1
17
18
19ffm
�„ ,—��r
20
21
22
23
24JL
25_T
VV_
26 16 Other than conversions to non -forest land use, forest practices regulated under
27 RCW 76.09 are not subject to additional regulations under the Act or this
28 Program (90.58.030(2)(d)(ii)).
29 (17) The external or internal retrofitting -of an existin structure with the exclusive
30 purpose of compliance with the Americans with Disabilities Act of 1990 (42
31 U.S.C. Sec. 12101 et seg.) or to otherwise provide physical access to the
32 structure by individuals with disabilities
33 24.12.750 Shoreline Substantial Development Permits
34 (a) A Shoreline Substantial Development Permit shall be required for all development on
35 shorelines, unless the proposal is specifically exempted per GCC 24.12.740.
36 Shoreline Substantial Development permits shall be processed with a Type II
37 administrative permit as set forth in GCUDC 25.04.
38 (b) A Shoreline Substantial Development Permit shall be granted only when the
39 development proposed is consistent with:
40 (1) The policies and procedures of the Act, RCW 90.58;
Grant County Shoreline Master Program
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DRAFT REDLINES FOR REVIEW
�4January 2023
1 (2) The applicable provisions of WAC 173-27; and
2 (3) This SMP.
3 (c) The County may attach conditions to the approval of permits as necessary to assure
4 consistency of the project with the SMA and this SMP.
5 (d) Nothing shall interfere with the County's ability to require compliance with all other
6 applicable plans and laws.
7 24.12.760 Shoreline Conditional Use Permits
8 (a) Uses specifically classified or set forth in this SMP as conditional uses shall be
9 subject to review and condition by the Shoreline Administrative Official and by
10 Ecology. Applications for a Shoreline Conditional Use Permit shall be processed with
11 a Type II permit as set forth in GCUDC 25.04.
12 (b) Other uses which are not classified or listed or set forth in this SMP maybe
13 authorized as conditional uses provided the applicant can demonstrate consistency
14 with the requirements of this Section and the requirements for conditional uses
15 contained in this SMP.
16 (c) Uses which are specifically prohibited by this SMP may not be authorized as a
17 conditional use.
is (d) Review Criteria for SCUP. Uses which are classified or set forth in the applicable
19 master program as conditional uses may be authorized provided that the applicant
20 demonstrates all of the following:
21 (1) That the proposed use is consistent with the policies of RCW 90.58.020 and
22 the master program;
23 (2) That the proposed use will not interfere with the normal public use of public
24 shorelines;
25 (3) That the proposed use of the site and design of the project is compatible with
26 other authorized uses within the area and with uses planned for the area under
27 the comprehensive plan and shoreline master program;
28 (4) That the proposed use will cause no significant adverse effects to the shoreline
29 environment in which itis to be located; and
30 (5) That the public interest suffers no substantial detrimental effect.
31 (e) In the granting of all conditional use permits, consideration shall be given to the
32 cumulative impact of additional requests for like actions in the area. For example, if
33 conditional use permits were granted for other developments in the area where similar
34 circumstances east, the total of the conditional uses shall also remain consistent with
35 the policies of RCW 90.58.020 and shall not produce substantial adverse effects to
36 the shoreline environment.
37 (fl In authorizing a conditional use, special conditions maybe attached to the permit by
38 the County or Ecology to prevent undesirable effects of the proposed use and/or to
39 assure consistency of the project with the SMA and this SMP.
Grant County Shoreline Master Program
157
DRAFT REDLINES FOR REVIEW
%.# SnN__ +� heranuary 2023
1 (g) Nothing shall interfere with the County's ability to require compliance with all other
2 applicable plans and laws.
3 24.12.770 Shoreline Variance Permits
4 (a) The purpose of a variance is to grant relief to specific bulk or dimensional
5 requirements set forth in this SMP where there are extraordinary or unique
6 circumstances relating to the property such that the strict implementation of this SMP
7 would impose unnecessary hardships on the applicant or thwart the policies set forth
g in RCW 90.58.020. Variances from the use regulations of the SMP are prohibited.
9 Applications for Shoreline Variance Permits shall be processed with a Type II
10 procedure as set forth in GCC 25.04.
11 (b) Review Criteria
12 (1) Variance permits should be granted in circumstances where denial of the
13 permit would result in a thwarting of the policy enumerated in RCW
14 90.58.020. In all instances the applicant must demonstrate that extraordinary
15 circumstances shall be shown and the public interest shall suffer no substantial
16 detrimental effect.
17
18
(2) Variance permits for development and/or uses that will be located landward of
the OHWM, as defined in RCW 90.58.030(2)(b),
19
20
wetland as defined in RCW 90.58.030(2)(h), maybe authorized provided the
applicant can demonstrate all of the following:
21
22
(A) That the strict application of the bulk, dimensional or performance
23
standards set forth in the SMP precludes, or significantly interferes
with, reasonable use of the
property;
24
25
(B) That the hardship described in criterion 24.12.770 (b)(2)(A) of this
26
subsection is specifically related to the property, and is the result of
27
unique conditions such as irregular lot shape, size, or natural features
and the application of the SMP, and not, for example, from deed
28
restrictions or the applicant's own actions;
29
30
(C) That the design of the project is compatible with other authorized uses
31
within the area and with uses planned for the area under the
32
comprehensive plan and SMP and will not cause adverse impacts on
the shoreline environment;
33
34
(D) That the variance will not constitute a grant of special privilege not
enjoyed by the other properties in the area;
35
36
(E) That the variance requested is the minimum necessary to afford relief;
and
37
(F) That the public interest will suffer no substantial detrimental effect.
38
39
(3) Variance permits for development and/or uses that will be located waterward
of the OHWM, as defined in RCW 90.58.030(2)(b),
or within any wetland as
Grant County Shoreline Master Program
158
DRAFT REDLINES FOR REVIEW
01 Alanuary 2023
I defined in RCW 90.58.030(2)(h), maybe authorized provided the applicant
2 can demonstrate all of the following:
3 (A) That the strict application of the bulk, dimensional or performance
4 standards set forth in the applicable master program precludes all
5 reasonable use of the property;
6 (B) That the proposal is consistent with the criteria established under
7 24.12.770 (b)(2) (A)_(F) above can be met; and
$ (C) That the public rights of navigation and use of the shorelines will not
9 be adversely affected.
10 (4) In the granting of all variance permits, consideration shall be given to the
11 cumulative impact of additional requests for like actions in the area. For
12 example if variances were granted to other developments and/or uses in the
13 area where similar circumstances exist the total of the variances shall also
14 remain consistent with the policies of RCW 90.58.020 and shall not cause
15 substantial adverse effects to the shoreline environment.
16 24.12.780 Duration of Permits
17 The duration of permits shall be consistent with WAC 173-27-090.
18 24.12.790 Initiation of Development
19 (a) Each permit for a Substantial Development, Shoreline Conditional Use or Shoreline
20 Variance, issued by local government shall contain a provision that construction
21 pursuant to the permit shall not begin and is not authorized until twenty-one (2 1) days
122 from the date of feseiPtfiling with Ecology as defined in RCW 90.58.140(6) and
23 WAC 173-27-130, or until all review proceedings initiated within twenty-one (2 1)
24 from the date of feeeipffiling of the decision. The date of filing for a Substantial
25 Development Permit is the date of actual receipt by the department of Ecology of a
26 local government's final decision on the permit. With regard to a permit for a
27 Shoreline Variance or a Shoreline Conditional Use, date of filing means the date a
28 responsible local government or applicant receives the written decision of Ecology.
29 When a substantial development permit and a conditional use or variance permit are
30 required for a development, the submittal on the permits shall be made concurrently.
31 (b) Permits for Substantial Development, Shoreline Conditional use, or Shoreline
32
33 Variance maybe in any form prescribed and used by the County including a
combined permit application form. Such forms will be supplied by the County.
34 (c) A permit data sheet shall be submitted to Ecology with each shoreline permit. The
35 permit data sheet form shall be consistent with WAC 173-27-990.
36 24.12.800 Review Process
37 (a) After the County's approval of a Shoreline Conditional Use or Variance Permit, the
38 County shall submit the permit to the Department of Ecology for approval, approval
39 with conditions, or denial. Ecology shall render and transmit to the County and the
40 applicant its final decision approving, approving with conditions, or disapproving the
Grant County Shoreline Master Program
159
DRAFT .REDLINES FOR REVIEW
Seir�+^rmhor �n1 AJanuary 2023
W.A. -
1 permit within thirty days of the date '
Y of submittal by the County pursuant to WAC
2 173-27-110.
3 (b) The Department of Ecologyshall re
4 view the complete file submitted by the Count
on Shoreline Conditional Use or Variance Permits Y
5 and any other information
submitted or available that is relevant to the app application. cation. Ecology shall base its
' determination to approve, approve with conditio
7 ns or deny a conditional use permit or
variance on consistency With the policy and provisions
ro Y ip ons of the SMA and, except as
8
provided in WAC 173-27-210, the criteria n WAC
173-27-160 and 173-27-170.
9 (c) The County shall provide timelynotification fication of the Department of Ecology's final
10 decision to those interested persons gY
p having requested notification from local
11 government pursuant to WAC 173 - -
27 130.
12 24.12.810 Appeals
13 (a) Appeals of Shoreline Permit Decisions. Grant County's decisions on Shoreline
14 permits may be appealed to the following `bodies' in this sequence:
15 (1) Grant County Hearings Examiner or in accordance with GCUDC 25.32.
16 (2) State Shorelines Hearings Board (SHB') in Tumwater
17 (3) SHB decisions maybe appealed to superior court.
18 (4) Superior court decisions maybe appealed to the Court of Appeals
19 (5) Appeals Court decisions maybe appealed to the Washington Supreme Court
20 (6) Appeals to the SHB and courts are governed by RCW 90.58.180, RCW
21 43.21B.001, RCW 34.05 Part V, and WAC 461.08.
22 (b) All requests for review of any final permit decisions under chapter 90.58 RCW and
23 chapter 173-27 WAC are governed by the procedures established in RCW 90.58.180
24 and chapter 461-08 WAC, the rules of practice and procedure of the shorelines
25 hearings board.
26 24.12.820 Amendments to Permits
27 (a) A permit revision is required whenever the applicant proposes substantive changes to
28 the design, terms, or conditions of a project from that which is approved in the permit.
29 Changes are substantive if they materially alter the project in a manner that relates to
30 its conformance to the terms and conditions of the permit, the SMP and/or the
31 policies and provisions of chapter 90.58 RCW. Changes which are not substantive in
32 effect do not require approval of a revision.
33 (b) Revisions to permits shall be considered consistent with WAC 173-27-100.
34 24.12.830 Enforcement
35 (a) The Act provides for a cooperative r
36 p program between the County and the Department
of Ecology to implement and enforce the provisions p
37 provisions of the Act and .this Master
Program. This Section provides for a varietyof
3 8 means of enforcement, including civil
and criminal penalties, orders to cease and desist
39 ,and orders to take corrective action
in accordance With 73-27-290, 173-27-300 and
WAC 173-27-270, 173-27-280 1 '
Grant County Shoreline Master Program
160
DRAFT REDLINES FOR REVIEW
r�.nt��,�er A- %A & nuary 2023
1 GCC Chapter 25.16. The enforcement means and '
2 penalties provided herein are not
exclusive and may be taken or imposed in con'
3 p conjunction tion with, or in addition to, any
other civil enforcement actions and civilenaltie
p s, injunctive or declaratory relief,
4 criminal
prosecution, actions to recover civil or criminal penalties, or an '
5 or sanction authorized p � y other action
by this Section, or any other provision of the G
6 Code and Land Use p rant County
Code, or any other provision of state or federal law and
7 regulation.
8 (b) The Shoreline Administrative Official with'
9 the assistance of the County attorney,
shall have authority to commence androsecute
p any enforcement .action authorized
10 by this section. In determining the appropriate
11 enforcement actions to be commenced
and prosecuted, the Administrator shall consider the following factors:
12 (1) The nature of the violation;
13 (2) The extent of damage of '
g potential future risk to the shoreline environment and
1 or
4 its ecological functions or to'
the public health and safety, caused b or
15 resulting from, whether dire Y
directly or indirectly, the alleged violation;
16 '
(3) The existence of knowledge, intent or
g � malice on behalf of the violator;
17 (4) The economic benefit or advantage that accrued to the violator(s) as a result of
18 the violation; and
19 (5) The estimated actions and c '
costs of providing adequate mitigation, restoration
20 rehabilitation, or enhancement, '
nt, to repair or minimize any substantial adverse
21
22 impacts upon the shoreline environment and its ecological functions, or the
public health and safety.
Y
23 (c) The Shoreline Administrative Official may commence and prosecute enforcement
24 action jointly with the Department o
p f Ecology. Pursuant to WAC Chapter 173-27
25 Department of Ecolo i ' ' p ,the
gy ma y nitiate and prosecute enforcement action se arate from
26 the Shoreline Administrative Official e p
27 24.12.840 Cumulative Effects of Shoreline Developments
28 (a) The County will periodically evaluate the effectiveness of the Shoreline .Master
29 Program update for achievingno net •
loss of shoreline ecological functions with
30 respect to shoreline permitting and exemptions. At the end of 2015 and at the end of
31 every other year thereafter the Shoreline Administrative Official shall prepare a report
32 of shoreline development permits conditional p p
p nditional permits and variances includingthe
33 exempt use activity approvals and the
pp e locations and effects of each, b t
34 classifications. The report should in Y type and
p clude activities involving develo went
35 conservation, restoration mitigation,p '
and enforcement. It should summarize the net
36 change of developmentsincludin
( g new development, decommissioning
protected areas of structures
3 7 and
p ) using indicators such as linear stabilization '
length of g ilization and flood
38 hazard structures number of overwater structures(piers, docks etc39.), road length
within shoreline, number of water b o d road crossings, '
40 of i Y sings, number oflevees/dikes, acres
impervious surface areas, acres of vegetation, acres oferma
p nently protected areas
Grant County Shoreline Master Program
161
DRAFT REDLINES FOR REVIEW
Contow�Hor 7il'1 /1l��Ua�y �V
."". VZ3
1 or areas with limited development. Compliance and enforce '
2 p enforcement activity well also be
tracked.
3 (b) The Shoreline Administrative Official, will to the extent feasible, coordinate with
4 other County departments or as adjacentjurisdictions, to assess cumulative effects of5 J
shoreline development.
6 24.12.550 Amendments to Shoreline Master Program
7 (a) Amendments to the Program shall be processed as legislative decisions pursuant to
8 GCC chapter 25.12 and WAC 173 -26-110.
9 (b) Any locally approved amendments to the SMP will not become'
effective until
10 approved by the State Department of Ecology.
11 24.12.560 Definitions
12 (a) Definitions:
13 (1) "Act" means the Washington State Shoreline Management agement Act, chapter 90.58
14 RCW.
15 (2) "Active fault" means a fault that is considered likely to undergo renewed
16 movement within a period of concern to humans. Faults are commonly
17 considered to be active if the fault has moved one
or more times in the last
18 10,000 years.
19 (3) "Additions" means improvements to an existingbuilding uilding or structure, the cost
20 of which does not exceed 50ercent of the assessed d value of the total
21 structure or result in an increase eater than 25 percent '
2 g�' p cent of the building
2 footprint (up to a maximum of 500 square feet) before the addition on is started.
23 Additions must share a common wallone full side) )with the original
24 structure.
25
26
(4) "Adjacent," for purposes of applying Article V — Critical
. Areas, means
27
immediately adjoining (in contact with the boundary of the influence area) or
28
within a distance less than that needed to separate activities from critical cal areas
29
to ensure protection of the functions and values oft critical '
he critical areas. Adjacent
shall mean any activity or development located:
30
(A) On-site immediately adjoining a critical area; or
31
(B) A distance equal to or less than the required critical '
q critical area buffer width
3 2
.
and building setback.
33
(5) "Adoption by rule" means an official action b the department to make a local
34
35
government shoreline masterro am effective through p gr rule consistent with
the requirements of the Administrative Procedure Act, chapter 34.05 RCW,
36
thereby incorporating the adopted shoreline master
p program or amendment
3 7
into the state master program.
38
39
(6) "Agricultural activities" means agricultural cultural uses an '
g� d practices including, but
40
not limited to: Producing, breeding, or increasing agricultural products,
rotating and changing agricultural crops; allowing land used for agricultural
Grant County Shoreline Master Program
162
DRAFT REDLINES FOR REVIEW
Sor,+orv.hnr '201
.4Ja� 2023
1 activities to lie fallow in which it is lowed an
2 p d tilled but left unseeded;
allowing land used for agricultural activities s to lie dormant as a result of
4
adverse agricultural market conditions • allowing land used for agricultural
activities to lie dormant because ecause the land is enrolled in a local, state, or federal
conservation program, or the land is subject to a con
6 easement -
conducting• � servation
agricultural operations; maintaining, repairing, a
7 a ' cultural e g' p g� nd replacing
equipment; maintaining, repairing, and replacing agricultural
S facilities provided t p g gricultural
p that the replacement facility is no closer to '
9 than the original facility; the shoreline
g 1 facility; and maintaining agricultural cultural lan
10 , , � ds under production
or cultivation. Also see the definition "
11 o f New Agricultural
Activities" below.
12
(7) "Agricultural products" includes but ut is not limited to horticultural, viticultural
floricultural, vegetable, fruit, be grain, h '
14 i`z'Y� � ops, hay, straw, turf, sod, seed,
and apiary products, feed or forage for livestock; '
15 g ck; Christmas trees; hybrid
cottonwood and similar hardwood trees rown as cro
16 twentye g ps and harvested within
years of planting; and livestock includin both the '
17 and animal rod g animals themselves
products including but not limited to meat, upland finf
18 and poultry products, p ish, poultry
p ry p s, and dairy products.
19 (8) "Agricultural equipment"
includes, but is not limited to:
20 � (A) The following used in agricultural operations: Equipment; m
achinery;
21
constructed shelters, buildings, and ponds • fences °
22 rearing ' ' • upland finfish
ng facilities, water diversion, withdrawal con
23 equipment and ' ' • � conveyance, and use
facilities including but not limited to um '
24 tapes, canals di Pumps, pipes,
p ditches, and drains;
25 (B) corridors and facilities
for transporting personnel livestock
to from., � ,and
26 equipment om, and within agricultural lands;
27 (C) farm residences
and associated equipment, lands, and facilities; es, and
28 (D) roadside stands
and on-farm markets for marketingfruit
or vegetables.
29 (9) Agricultural facilities. See "Agricultural equipment."
30 (10) "Agricultural land" mea '
ns those specific land areas on which a culture
31 activities are conducted g ure
as of the date of adoption of a local master program
3 2 Pursuant p gram
p ant to these guidelines as evidenced b aerial h
33 documentation.Y photography or other
After the effective date of the master program 3 4 to agricultural p gr m 1 and converted
g al use is subject to compliance with the
3 5 requirements of the
master program.
36 (11) "Alteration," for purposes
3 p rp es of applying Article V —Critical Areas mea
7 human -induced change i • • , ns any
38 g n an existing condition of a critical area or its buffer.
Alterations include, but are not limited to
3 9 grading, filling, dredging,
channelizing, clearing (vegetation),applying 40 pesticides, discharging waste
construction, compaction excavation, g g '
41 � on, modifying for stormwater management,
relocating, or other activities that change g '
42 ge the existing landform, vegetation
hydrology, wildlife, or habitat value of c ' ' '
ritical areas.
Grant County Shoreline Master Program
163
DRAFT REDLINES FOR REVIEW
-Qcp+cm h or . •-anuary2023
1 (12) "Amendment" means a revision update, ' '
addition, deletion, and/or
2
reenactment to an existing shoreline masterro ram.
p g
3 (13) "Applicant" means aerso
p n who files an application for a ermit under this
4 SMP and who is either the p is
owner of the land on which that proposed activity
5 would be located a contractp Y
purchaser, or the authorized agent of such a
6 person.
7 (14) "Approval" means an o ffici '
al action by a local government le islative b
8 agreeing to submit a r g ody
g proposed shoreline master program or amendment
9 Department of Ecologyfor s to the
10 review and official action pursuant to this chapter;
or an official action by the Department of E
11 p Ecology to make a local
government shoreline master program effective thereby incorporating 12 � y ncorporating the
approved shoreline master program or amendment into o the state master
program.
14 (15) "Aquaculture" means the
culture or farming offish, shellfish or other aquatic
15 plants and animals. 9 quatic
16 (16) "Aquifer recharge area"
1 g means an area through which precipitation and
surface water infiltrate the soil and are transmitted through rocks and soil to
18
create ground water storage. They are also areas where an '
19 aquifer, that is a
source of drinking water is vulnerable to contamination
20 ' that would affect the
potability of water.
21
22
(17)
"Area of shallow flooding" '
g means a designated AO or AH zone on the flood
23
insurance rate ma(FIRM).•
p AO is characterized as sheet flow an d AH
24
indicates ponding.
p ng. The base flood depths range from one to three •
feet, a
25
clearlydefined channel does not exist; the path of floodingis '
unpredictable
and indeterminate; and velocity flow may be evident.
26
27
(18)
"Area of special flood hazard" .
p and means the land in the floodplain within a
p
28
communitysubject ect to a one
J percent or greater chance of floodingin an i
year. Designation on maps Y given
g p always includes the letters A or V.
29
30
(19)
"Assessed value" means assessed valuation shall be as established b the
County assessor's office u y
nless otherwise
provided by a marketa rais31 institute(MAI)pp al
appraisal.
32
33
(20)
"Associated wetlands" are those wetlands which are inroximit an
p y to d
either influence or are influenced by,
a stream subject to the Act.
34
35
(21)
"Average grade level" means the average of the natural or existin topography
of the portion of the lot g p graphy
36
3 �
parcel, or tract of real property which will be dire
under the proposed buil ctly
p p ding or structure: In the case of structures to b e built
3 8
over water, aver high
age grade level shall be the elevation of the ordinaryhi
3 9
Calculation of the average grade level shall be m
ground water mark. Calc made by averaging
the gr elevations at the midpoint
40
of all exterior walls
buil of the proposed
ding or structure.
Grant County Shoreline Master Program
164
DRAFT REDLINES FOR REVIEW
+,n-� 4January 2023
1
2
(22) "Base flood" means a flood Navin g a o ne percent chance of being equaled or
exceeded in any given Also "
3
year. referred to as the 100 -year flood."
Designated on flood insurance rate maps with the e letters A or V.
4
5
(23) "Base flood elevation" means the water surface elevation of the base flood. It
shall be referenced to the North American
Vertical Datum of 1988NA
( VD).
6
7
(24) "Basement" means any area of a building having its floor sub adebelo
ground level a ( w
�' ) on 11 sides.
8
9
(25) "Best management ractic
g p es"(BMPs) means conservation practices or
systems of practice and man
p agement measures that:
10
11
(A) Control soil loss and reduce water quality degradation caused b '
y high
concentrations of nutrients, animal waste, toxics, and sedime •
nt,
12
13
(B) Minimize adverse impacts on surface water and ground water flow
1 4
circulation patterns, '
p s, and the chemical, physical, and biological
characteristics of w g
wetlands;
s;
15
16
(C) Protect trees and v '
vegetation designated to be retained durin and
g
following site
g construction; and
17
18
(D) Provides standardsfor proper use of chemical herbicides within
critical areas.
19
20
(26) "Best Management Practices � �'
g es (BMPs), Agricultural means systems of
y
21
practices, schedules of activities,' '
prohibitions, maintenance procedures and
22
management measures that '
prevent or minimize adverse impacts to the
environment. Such practices • • .
p s may be subject to varying
23
24
conditions which
include, but are not limited togeographical loc
.. anon, weather, soil or mineral
2 5
types and conditions, type of crop or livestock type '
yp o f mining, and
26
management systems. Generally accepted agricultural best management
27
practices includes those r
practices historically carried out in the region an
those practices defined by the State Wg d
p Washington,
28
29
of Department of
Agriculture recommendationsp
by the U.S. Department of Agriculture,
' the
�
3 0
Washingtone,
State Cooperative Extension Services in Grant Count
31
recommendations of membersy'
of the Grant County Fieldman's Association
and other professional and i '
p industry
agricultural organizations.
32
33
(27) "Boating facilities" allowed in Grant County includes boat launches an d
34
upland boat storage,
g , marinas and other boat moorage structures or uses. For
'l35 the purposes of this Program, boating facilities"
iies excludes docks serving
fouror fewer single-family residences.
36
37
(28) "Breakwater" means an off •
shore structure whose prima purpose is to
harbors, moorages, and �' p � protect
g navigation activity from
38
39
wave and wind action b
creating stillwater areas alongshore. A se y
secondary purpose is to protect
shorelines from wave --caused erosion. Break
40
- waters are generally built parallel
to shore, and may or may not be connected to land
and, and maybe floating
stationary. or
Grant County Shoreline Master Program
165
DRAFT REDLINES FOR REVIEW
�iN±�`►.4,oa 7n7 ^January 2423
1
2
(29) "Buffer, Critical Areas," an area which °
provides the margin of safety through
g
3
protection of slope stability, attenuation
Y� of surface water flows and landslide
hazards reasonably necessary to minimize
5
risk to o the public from loss of life
or well-being or property damage resultingfrom '
natural u al disasters; or an area
6
which is an integral part of a stream or wetland ecosystem and which provides
7
shading, input o f organic debris and coarse sediments, ents, room for variation in
g
stream or wetland boundaries, habitat for wildlife and protection
p ection from harmful
9
intrusion necessary to protect theublic from los
p losses suffered when the
functions and values of aquatic resources degraded.
are
10
11
(30) "Building setback lineB SBL "
( ) means a line beyond which the foundation
tion of
a structure shall not extend.
12
i 13
(31) "Caliper" means the America '
American Association of Nurserymen standard for trunk
14
measurement of nursery stock.The call er o f the trunk s
- p hall be the
trunk diameter measured six inches above the
15
ground for u to and including
four -inch caliper p ncluding
p size and 12 inches above the ground for larger sizes
g
16
1 �
(32) "Channel migration zone(Cmzy.g means the area along a river within which
the channels can b e ch
() reasonably predicted to
18
19
migrate over time
natural and no g me as a result of
anally occurring hydrological and related processes when
20
considered withp
the characteristics of the river and its surroundings.
dings. [The SMP
regulatory channel migration zone is mapped and on
pp file at the County.
21
(33) "County" means Grant County.
22
23
(34)' "Clearing" means the cutting, killing, grubbing, or removing of ve etation or
other organic material bphysical,g
24
y mechanical, chemical, or any other similar
means.
25
26
(35) "Cluster" means agroup of three •
ee or more significant trees with overlapping or
touching crowns. pp g
27
I28
(36) "Community access" means a shoreline access available to a row or
group
community
�� � �tTT� r�homeowners association whi29) ch may not be
accessible to general public.
30
31
(37) "Compensation.project"° means actions specifically designed to replace
project -induced ect-induced critical area and buffer losses.
Compensation pensation project design
elements may include, but are not limited to land
d planning,
33
construction plans, monitoring, and contingency actions.
g Y
34
35
(38) "Compensatory mitigation" means types of mitigation on used to replace ro •ect-
induced critical area and buffer losses impactsp p
or .
36
37
(39) "Concentrated animal 'feeding'
operation (CAFO)" means a Department of
Ecology -regulated andermitte '
p d area
38
39
where animals (other than auatic
animals) have been are or will q
be stabled or confined and fed or maintained
40
for a total of 45 days or more i Y n any 12 -month period. The CAFO permit does
not automatically kick in until a facility has a certain number of nonaquati' c
Grant County Shoreline Master Program
D 166
RAFT REDLINES FOR REVIEW
soh+amal tior --2-9-14J a n u a ry 2023
1 animals (i.e., 1,000 cattle or 700 dairy cows). Smaller facilities may also be
2 regulated if they are discharging to a waterbod .
3 (40) "Critical aquifer recharge area(CARA)" means those •areas that are.
4 (A) designated as "Wellhead Protection Areas"
pursuant to WAC 246-290-
5 13 5(4) and the groundwater contribution area in WAC 246-291-100
6 (2)(e). Wellhead protection areas shall for the purpose of this
7
regulation, include the identified recharge areas associated with either
r
Group A public water supply wells and those GroupB wells with a
9 well
Wellhead protection plan filed with the Grant Count Health District;
10 and y '
11 (B) identified in the Soil Survey of Grant County '
• y ty as having high potential
12 for aquifer recharge, including those soil types identified by the
13 Shoreline Administrative Official.
14 (41) "Critical facility" means a facilityfor which even '
a slight chance of flooding,
15 inundation, or impact from a hazard event might be too great. Critical
cal
16 facilities include, but are not limited to schools nursing homes, hospitals,
17 police, fire and emergencyinstallations and installations ations that produce, use, or
18 store hazardous materials or hazardous waste.
19 (42) "Crown" means the area of a tree containingleaf- or -
needle bearing branches
20
21
(43)
"Cultural and historic resources" means buildings, sites '
g , tes and areas having
archaeological, historical, cultural or scientific value'
or significance.
22
(44)
"Designated floodway" means the regulatory flood
way ry way that has been
23
delineated on the County's flood insurance rate map (FIRM).
24
25
(45)
"Developable area" means a site or portion of a site utilized p that may be utilized as the
location of development, in accordance with the rule '
s of this SMP.
26
(46)
"Development" means a use consistingof the const '
ruction or exterior
27
alteration
alteration of structures; dredging; drilling; dumping; fillin • removal g, al of any
28
sand, gravel, or minerals; bulk heading; driving of piling; placing of
29
obstructions; or any project of a permanent or tem '
p temporary nature which
30
interferes with the normal public use of the surface of the waters overlying
lyi ng
31
lands subject to the act at any stage of water level. "Development" does oes ��.ot
32
33
include dismant/ing structures if there i '
s no other associated
development or re -development.
34
35
(47)
"Development permit" means an permit issued b
Y p y Grant County, or other
authorized agency, for construction land use or the'
alteration of land.
36
37
(48)
"Dock" means, as a general term a structure orro
g up of structures that
provides boat moorage or other uses. A dock may b(whiche made up of piers
38
39
are structures on fixed piles and floats(which float 'on the water's surface and
40
are typically attached to piles so that the may rise - '
y y and fall with changes in
the water's elevation).
Grant County Shoreline Master Program 167
DRAFT REDLINES FOR REVIEW
�f1N+or"hor 7n7 nJapuary X023
1
2
(49) "DSH" means the diameter at standar °
d height; the diameter of the trunk
measured 54 inches (4.5 feet) above grade.
3
4
(50) "Ecological functions" or "s ��
"shoreline functions means the workerform
ed p ed or
role pia b the physical, Y Y p y ical, chemical, and biological
5
6
processes that contribute
tri
to the maintenance of bute
the aquatic and terrestrial environments that co
constitute
the shoreline's natural ecosystem.
7
8
(51) "Ecosystem -wide processes" .
p means the suite of naturallyoccurring physical
and geologic processes of erosion g p Y
9
,transport, and deposition; and specific
chemical processes that shape landforms within a specific shoreline
10
11
ecosystem
and determine both the types of habitat and the associated ecological
functions. -
12
13
(52) "Erosion" means the detachment and movement of soil or rock b water
Y
wind, ice, or avit .
gravity. '
14
15
(53) "Erosion hazard area" means those areas that, because of natural
16
characteristics including vegetative cover, soil texture, slope gradient, and
rainfall patterns or human -induced changes to such
17
characteristics
vulnerable to erosion. ' are
18
19
(54) "Feasible" means for the '
•' purpose of this chapter, that an action, such as a
development project, mitigation or preservation '
p n requirement,
20
21
� meets all of the
following conditions. (a) The action can be accomplished
p shed with technologies
22
and methods that have been used in the past in similar '
. p malar circumstances, or
studies or tests have demonstrated
24
in similar circumstances umstances that such
approaches are currently available and likel to hie
Y acve the intended results;
25
b
() The action provides a reasonable likelihood
000f achieving its intended
26
purpose; and (c) The action does not physically preclude '
Y p achieving the
project's primary intended legal use. In cases where e these guidelines require
certain actions unless they are infeasible the burde
28
, n of proving infeasibility is
on the applicant. In determining an action'infea
s sibility, the reviewing
29
30
agency
may weigh the action's relative public costs an Y
p d public benefits, considered in
the short- and long-term time frames.
31
3 2
(55) "FEMA —Federal Emergency »
g y Management Agency means theagency that
33
oversees the administration of tProgram
he National Flood Insurance Pro am 44
CFR).
34
35
(56) "Fill" means the addition ofsoil, sand, rock, gravel, sediment, earth retainin
structure, or other material t g
o an area
36
waterward of the OHWM, in wetlands,
or on shorelands in a manner that raises the elevation or creates dry d land.
37
38
(57) "Fish and wildlife habitat co ��
conservation areas means areas necessary for
39
maintaining species in suitable le habitats within their naturaleo ra hic
distribution so that isolate g g p
d subpopulations are
40
not created as designated g d by
WAC 365-190-080(5). (5). These areas include:
Grant County Shoreline Master Program
168
DRAFT REDLINES FOR REVIEW
Jnr _m�hor 7il'1 nlanuary 223
1 (A)
2 Areas within which State and
Federal endangered and threatened
species exist, or State sensitive, , candidate and monitor species have a
primary association;
4 (B) Priority Habitat and Species •
p Areas identified by the Washington State
5 Department of Fish and Wildlife, •
6 (C) Habitats ands species of local importance mportance that have been designated by
the County at the time of application..
8 (D) Naturally occurringponds un
p der twenty (20) acres and their
9 submerged aquatic beds that
1 q provide fish or wildlife habitat. These do
0 not includeonds deliberately y designed and created from dry sites
11 such as canals detention facilities,
wastewater treatment facilities
12 farm ponds, temporary '
p ry cons truction ponds of less than three (3) years'
13 duration and landscape amenities.
14 p ities. Naturally occurring ponds may
include those artificial ponds intentional) created from
Y dry areas in
15
order to mitigate conversion of ponds, if permitted b p Y a regulatory
16
authority;
17 (E) Waters of the state as define •
d by WAC 222-16,
18 (F) Lakes, ponds streams and rivers'
planted with game fish by a
19 governmental or tribal entity;
20 (G) Areas with which anadromou
s fish species have a primary association
21 and '
22 (H) State natural areareserves and d natural resources conservation areas.
23 (58) "Flood" or "flooding" • • .
g mean a general and temporary condition of partial or
24 complete inundation of normal) d 1
y dry and areas from the overflow of inland
25 waters and/or the unusual and rapid '
26
p accumulation of runoff or surface waters
from any source.
27 (59) "Flood hazard area" means an '
y areasubject ect to inundation by the base flood or
28 risk from channel migration including, g, but not limited to, an aquatic area,
29 wetland, or closed depression.
_
30
31
(60) "Flood insurance rate map (FIRM) " means the official map on which the
32
Federal Insurance Administration has delineated both the areas of special
flood hazards and the riskremium z '
p ones applicable to Grant County.
33
34
(61) "Flood insurance study" the of '
Y ficial report provided by the Federal
Insurance and Mitigation Administration that
35
includes the flood profiles, the
FIRM, and the water surface elevation of the base flood (44 CFR Part 59).
36
37
(62) "Flood protection elevation" means an elevation that is one foot or more
above the base flood elevation.
38
39
63 "Flood- 1 ' " '
( ) pain i s synonymous with the ro =y e-ar one -hundred -year
floodplain and means that land areasusceptible to
40
inundation with a one
percent chance of beingequaled or
q exceeded in any given year. The limit of
Grant County Shoreline Master Program
169
DRAFT REDLINES FOR REVIEW
o�t�rrhor -)nA.. --� n-anuai2023
1
2
this area shall be based upon flood ordinance regulation
gu n maps or a reasonable
method which meets the obj ectives of the act.
3
4
(64) "Floodproofing" means adaptations that
p ensure a structure is substantially
5
resistant to the passage of water below the flood protection elevation
p vation and
resists hydrostatic and hydrodynamic loads and effects of buoyancy.
6
7
(65) "Floodway" means the channel of a river or other watercourse and the
8
adjacent land areas through which the b '
g ase flood is discharged. Floodways
9
identified on flood boundaryand flood «
way maps (FBFM) become regulatory
floodways" within which encroachment of obstructions '
areprohibited.
10
11
(66) "Floodway dependent structure,"
� purposes of applying Article V —Critical
12
Areas, means structures such as, but not limited to dams leve es and pump
stations,..
stream bank stabilization, boat launches and related recreational
nal
14
structures, bridge piers and abutments, and fisheries enhancement or stream
restoration projects.
15 (67) "Functions" and "values," forose
u
p rp sof applying Article V —Critical
16 Areas, mean the beneficial roles served' '
by critical areas, including, but not
17 limited to, water quality protection and
q Y p enhancement, fish and wildlife habitat,
18 food chain support, flood storage, conveyance '
19 g yance and attenuation, ground water
recharge and discharge, erosion control, and recreation. "Functions"
20 " and
values" may be considered independently, with functions being ng measured
21 indicators such as water hydrologic is functions and habitat g abitat functions
22
and values being non -measured indicators such as local importance, portance, potential
qualities, or recreational benefits.
24 (68) "Geologically hazardous areas" means areas that because of their
25 '
susceptibility to erosion, sliding, earthquake, or other geologic e
26 suited to the ' ' �g g vents, are not
siting of commercial, residential, or industrial development
27 consistent with public heal p
p health or safety concerns. Geologically Hazardous
28 Areas include Erosion Hazards Landslide Hazards, Mine Hazards, and
29 Seismic Hazards, as defined herein and
specified in GCC 24.12.550.
30 (69) "Geotechnical report" or "geotechnical analysis"scientific study or
31 evaluation conducted b qualified expert Y a q p rt that includes a description of the
32 ground and surface hydrology and geology, Y gy g gy, the affected land form and its
33 susceptibility to mass wasting,erosion, ,and other geologic hazards or
34 processes, conclusions and recommendations tions regarding the effect of the
35 proposed development on geologic conditions,
3 g g tions, the adequacy of the site to be
6 developed, the impacts of thero osed
p p development, alternative approaches
37 to the proposed development, and meas mitigate p measures to mitigate potential site-specific
38
and cumulative geological and hydrological impacts of
g p the proposed
39
development, including the potential adverse impacts on down -
40 p adjacent and down
current properties. Geotechnical reports shall conform to accepted technical
cal
41 standards
and must be prepared by qualified professional engineers
42 who have g or
geologists professional expertise about the regional and local
43 shoreline geology andp rocesses.
Grant County Shoreline Master Program
170
DRAFT REDLINES FOR REVIEW
z-�IF 2 0 1 4J a n u a ry 2 2 3
1
(70) "Grading" means stripping, cutting, filling, or stockpiling land including the
2
land in its cut or filled condition to create new grade.
3
(71) "Groin" means a barrier type of structure extending from the stream bank into
4
a waterbody for the purpose of the protection of a shoreline and adjacent
5
uplands by influencing the movement of water or deposition of materials.
6
(72) "Ground cover" means all types of vegetation other than trees.
7
(73) "Guidelines" means those standards adopted by the department to implement
8
the policy of chapter 90.58 RCW for regulation of use of the shorelines of the
9
state prior to adoption of master programs. Such standards shall also provide
10
criteria for local governments and the department in developing and amending
11
master programs.
12
(74) "Hazard areas" means areas designated as frequently flooded or geologically
13
hazardous areas due to potential for erosion, landslide, seismic activity, mine
14
collapse; or other geologically hazardous conditions, including steep slopes.
15
(75) "Hazardous substance(s)" means:
16
(A) A hazardous substance as defined by Section 101(14) of the
17
Comprehensive Environmental Response, Compensation, and Liability
18
Act (CERCLA); any substance designated pursuant to Section
19
311(b)(2)(A) of the Clean Water Act (CWA); any hazardous waste
20
having the characteristics identified under or listed pursuant to Section
21
3001 of the Solid Waste Disposal Act (but not including any waste the
22
regulation of which under the Solid Waste Disposal Act has been
23
suspended by Act of Congress); any toxic pollutant listed under
24
Section 307(a) of the CWA; or any imminently hazardous chemical
25
substance or mixture with respect to which the United States
26
Environmental Protection Agency has taken action pursuant to Section
27
7 of the Toxic Substances Control Act;
28 (B) Hazardous substances that include any liquid, solid, gas, or sludge,
29 including any material, substance, product, commodity, or waste,
30 regardless of quantity, that exhibits any of the physical, chemical, or
31 biological properties described in WAC 173-303-090, 173-303-102, or
32 173-303-103.
33 (76) "High-intensity land use" means land uses consisting of commercial, urban,
34 industrial, institutional, retail, residential with more than one unit per acre,
35 agricultural (dairies, nurseries, raising and harvesting crops, requiring annual
36 tilling, raising and maintaining animals), high-intensity recreation (golf
37 courses, ball fields), and hobby farms.
38 (77) "Heavy equipment" means such construction machinery as backhoes, treaded
39 tractors, dump trucks, and front-end loaders.
Grant County Shoreline Master Program 171
DRAFT REDLINES FOR REVIEW
to r_ :1014January 2023
1
(78) "Hydraulic project approval (HPA)" means a permit issued by the state of
2
Washington's Department of Fish and Wildlife for modification to waters of
3
the state in accordance with Chapter 75.20 RCW.
4
(79) "Impervious surface area" means a hard surface area which either prevents or
5
retards the entry of water into the soil mantle as under natural conditions prior
6
.
to development. Impervious surface shall also include a hard surface area
7
which causes water to run off the surface in greater quantities or at an
8
increased rate of flow from the flow present under natural conditions prior to
9
development. Common impervious surfaces include but are not limited to roof
10
tops, walkways, patios, driveways, parking lots or storage areas, concrete or
-11
asphalt paving, gravel roads with compacted subgrade, packed earthen
12
.
materials, and oiled, macadam or other surfaces which similarly impede ede the
13
natural infiltration of stormwater. Open, uncovered retention/detention
14
facilities shall not be considered as impervious surfaces.
15
(80) "In -stream structures" function for the impoundment, diversion, or use of
16
water for hydroelectric generation and transmission (including both public and
17
private facilities), flood control, irrigation, water supply ( both domestic and
18
industrial), recreation, or fisheries enhancement
19
(81) "Invasive, non-native vegetation species" means the plants listed for Eastern
20
Washington in Washington State Noxious Weed Board Publication # 820-
21
264E (N/6/09), or the latest version of this document
22
(82) "Isolated wetland" means those wetlands and their buffers that are outside of
23
the following critical areas and their buffers, where applicable: 100-Y ear
24
floodplain, lake, river, stream, or wetland. Isolated wetlands have no
25
contiguous hydric soil or hydrophytic vegetation between the wetland and any
26
surface water.
27
(83) "Landslide" means down slope movement of a mass of soil rock snow w or ice
28
including, but not limited to rock falls, slumps, mud flows, debris flows
29
torrents, earth flows, and snow avalanches.
30
(84) "Landslide hazard areas" means those areas potentially subject to landslides
31
based upona' combination of geologic, topographic, and hydrologic factors.
32
(85) "Low -intensity land use" includes, but is not limited to, forestry p and open
33
space (such as passive recreation and natural resources)
p reservation .
34
(86) "Lowest floor" means the lowest enclosed area (including basement) of a
35
structure. An unfinished or flood resistant enclosure, usable solei for
Y parking
36
of vehicles, building access, or storage in an area other than a basement area
37
is not considered a building's lowest floor; provided, that such enclosure is
38
not built so as to render the structure in violation of the applicable
pp
39
nonelevation design requirements of these critical areas regulations found in
40
NBMC 14.20.580 (i.e., provided there are adequate flood ventilation
41
openings) .
Grant County Shoreline Master Program 172
DRAFT REDLINES FOR REVIEW
201 n.JanuarV 2023
1 (87) "May" means the action is acceptable, provided it conforms to the provisions
2 of this chapter.
3 (88) "Minor utility project" means the placement of a utility pole, street sign,
4 anchor, vault, or other small component of a utility facility, where the
5 disturbance of an area is less than 75 square feet.
6 (89) "Mitigation sequencing" means the process of avoiding, reducing, or
7 compensating for the adverse environmental impact(s) of a proposal,
8 including the following actions, listed in the order of preference, the first
9 being the most preferred:
10
(A) avoiding the impact altogether by not taking a certain action orp arts of
11
an action;
12
(B) where impact on critical areas or their buffers will not be avoided,
13
demonstrating that the impact meets the criteria for granting a
14
Shoreline Variance or other administratively approved alteration;
15
(C) minimizing impacts by limiting the degree or magnitude of the action
16
and its implementation by using appropriate technology or by taking
17
affirmative steps to avoid or reduce impacts;
18
(D) rectifying the impact by repairing, rehabilitating, or restoring the
19
affected environment;
20
(E) reducing or eliminating the impact over time by preservation and
21
maintenance operations during the life of the action;
22
(F) compensating for the impact by replacing, enhancing, or providing
23
substitute resources or environments; and
24
(G) monitoring the impact and the compensation proj ects and taking
25
appropriate corrective measures.
26
(90) "Moderate -intensity land use" includes, but is not limited to, residential at a
27
density of one unit per acre or less, moderate intensity open space (parks),
28
agriculture (moderate intensity land uses such as orchards and hay fields).
29
(91) "Monitoring" means the collection of data by various methods for the purpose
30
of understanding natural systems and features, evaluating the impact of
31
development proposals on such systems, and/or assessing the performance of
32
mitigation measures imposed as conditions of development.
33
(92) "Must" means a mandate; the action is required.
34
(93) "Native vegetation" means plant species that are indigenous to the region.
35
(94) "New agricultural activities" are activities that meet the definition of
36
agricultural activities but are proposed on land not currently in agricultural
37
use.
Grant County Shoreline Master Program 173
DRAFT REDLINES FOR REVIEW
201_41anuarV 2023
1
(95) "New construction" means structures for which the start of construction
2
commenced on or after the effective date of the ordinance codified in this
3
SMP.
4
f96) "Nonconfon-ning development" or "nonconfon-ning structure" means an
5
existinR structure that was lawftillyconstructed at the time it was built but is
6
no longer fully.- consistent with present regulations such as setbacks, buffers or
7
Yards; area; -bulk; heiRht or density -standards due to subsequent changes, to the
8
master -program.
9
(97) "Nonconforn-ling lot" means a lot that met dimensional requirements of the
10
a-p-plicable master. progam at the time of its establishment but now contains
11
less than the required width, doth or area due to subsequent changes to the
12
master prograrn.
13
(95)k28) "Nonconforming use" means an existing shoreline use that was lawfall
14
established -prior to the effective date of the act or the Wlicable master
15
program, but which does not conform to -present use regulations due to
16
subs.equent changes to the master vrogram.
17
f96) 99 "Non -water -oriented uses" means those uses that are not water -dependent,
18
water -related, or water -enjoyment.
19
(97)f LQO
) "Normal maintenance" means those usual acts that are necessary to
20
prevent a property's decline, lapse, or cessation from a lawfully established
21
condition.
22
(9-8)} 10 I) "Normal repair" means to restore a structure or development to a state
23
comparable to its original condition including, but not limited to, its size,
24
shape, configuration, location and external appearance, within a reasonable
25
period after decay or partial destruction, except where repair causes
26
substantial adverse impacts on shoreline resources or environment.
27
Replacement of a structure or development may be authorized as repair where
28
such replacement is the common method of repair for the type of structure or
29
development, and the replacement structure or development is comparable to
30
the original structure or development including, but not limited to, its size,
31
shape, configuration, location and external appearance and the replacement
32
does not cause substantial adverse impacts on shoreline resources or
33
environment.
34
(99-)Q_L2L"Ordinary high water mark (OHWM)" means that mark that will be found
35
by examining the bed and banks and ascertaining where the presence and
36
action of waters are so common and usual, and so long continued in all
37
ordinary years, as to mark upon the soil a character distinct from that of the
38
abutting upland, in respect to vegetation as that condition exists on June 1,
39
1971, as it may naturally change or change through Columbia Basin Project
40
operations thereafter, or as it may change thereafter in accordance with
41
permits issued by a local government or the department. Where the OHWM
42
cannot be found, it shall be the line of mean high water. For braided streams,
Grant County Shoreline Master Program 174
DRAFT REDLINES FOR REVIEW
.-�J a n u a X202 3
1 the OHWM is found on the banks forming the outer limits of the depression
2 within which the braiding occurs.
3 OLOwD} 103 "Practical alternative" means an alternative that is available and capable of
4 being carried out after taking into consideration cost, existing technology, and
5 logistics in light of overall project purposes, and having less impact on critical
6 areas.
7 (IL Ow -1-} 104 "Primitive trail" means unimproved, unpaved but physically defined
8 pathway for non -motorized movement.
9 (x-82) 105 "Priority habitat" means a habitat type with unique or significant value to
10 one or more species. An area classified and mapped as priority habitat must
11 have one or more of the following attributes: • Comparatively high fish or
12 wildlife density; • Comparatively high fish or wildlife species diversity; • Fish
13 spawning habitat; • Important wildlife habitat; • Important fish or wildlife
14 seasonal range; • Important fish or wildlife movement corridor; • Rearing and
15 foraging habitat; • Refugia habitat; ! Limited availability; • High vulnerability
16 to habitat alteration; • Unique or dependent species; or. A priority habitat may
17 be described by a unique vegetation type or by a dominant plant species that is
18 of primary importance to ' fish and wildlife. A priority habitat may also be
19 described by a successional stage (such as, old growth and mature forests).
20 Alternatively, a priority habitat may consist of a specific habitat element (such
21 as caves, snags) of key value to fish and wildlife. A priority habitat may
22 contain priority and/or non-priority fish and wildlife.
23 106 "Priority species" means species requiring protective measures and/or
24 management guidelines to ensure their persistence at genetically viable
25 population levels. Priority species are those that meet any of the criteria listed
26 below.
27 (A) Criterion 1. State -listed or state proposed species. State -listed species
28 are those native fish and wildlife species legally designated as
29 endangered (WAC 232-12-014), threatened (WAC 232-12-011), or
30 sensitive (WAC 232-12-011). State proposed species are those fish and
31 wildlife species that will be reviewed by the department of fish and
32 wildlife (POL-M-6001) for possible listing as endangered, threatened,
33 or sensitive according to the process and criteria defined in WAC 232-
34 12-297.
35 (B) Criterion 2. Vulnerable aggregations. Vulnerable aggregations e ations include
36 those species or groups of animals susceptible to significant population
37 declines, within a specific area or statewide, by virtue of their
38 inclination to congregate.
39 (C) Criterion 3. Species of recreational, commercial, and/or tribal
40 importance. Native and nonnative fish, shellfish, and wildlife species
41 of recreational or commercial importance and recognized species used
42 for tribal ceremonial and subsistence purposes that are vulnerable to
43 habitat loss or degradation.
Grant County Shoreline Master Program 175
DRAFT REDLINES FOR REVIEW
-e -r 3January 2023
1
(D) Criterion 4. Species listed under the federal Endangered Species Act as
2
either proposed, threatened, or endangered.
3
O-®4} 107 "Private moorage facilities" means private docks, watercraft lifts, swim
4
floats, buoys, and moorage piles serving four or fewer residential dwellings.
5
Dock is a general term for the structure or group of structures that provides
6
boat moorage or other uses. A dock may be made up of piers (which are
7
structures on fixed piles) and floats (which float on the water's surface and are
8
typically attached to piles so that they may rise and fall with changes in the
9
water's elevation).
10
(1(0.59008)"Provisions" means any definition, policy, goal, regulation, requirement,
11
standard, authorization, prohibition, guideline criteria, or environment
12
designations.
13
{-1-8r:%) 109 "Public Access" means both physical and visual access. Public access
14
includes the ability of the general public to reach, touch, and enjoy the water's
15
edge, to travel on the waters of the state, and to view the water and the
16
shoreline from adjacent locations. Examples are listed below:
17
(A) Visual Access. Visual public access may consist of view corridors,
18
viewpoints, or other means of visual approach to public waters.
19
(B) Physical Access. Physical public access may consist of a dedication of
20
land or easement and a physical improvement in the form of a
21
walkway, trail, bikeway, park, boat or canoe and kayak launching
22
ramp, dock area, view platform, or other area serving as a means of
23
physical approach to public waters.
24
J� 1.1 "Public agency" means every city, county, state, or federal office, every
25
officer, every institution, whether educational, correctional, or other, and
26
every department, division, board, and commission that provides services or
27
recommendations to the public or other such agencies.
28
41 11.1 "Public utility' means a public service corporation performing some
29
public service subject to special governmental regulations, ora governmental
30
agency performing similar public services, either of which are paid for
31
directly by the recipients thereof. Such services shall include, but are not
32
limited to, water supply, electric power, gas, and transportation for persons
33
and freight.
34 {4--} l 12 "Qualified professional" means a person with experience and training in
, -
35 the pertinent discipline, and who is a qualified expert with expertise
36 appropriate for the relevant critical area or shoreline sub. ect. A qualified
37 professional must have obtained a B.S., B.A. or equivalent degree or
38 certification in biology, engineering, environmental studies, fisheries,
39 geomorphology, landscape architecture, forestry or related field, and two
40 years of related work experience.
Grant County Shoreline Master Program 176
DRAFT REDLINES FOR REVIEW
c January 2023
1
(A)
A qualified professional for wildlife, habitats, or wetlands must have a
2
degree in biology, zoology, ecology, fisheries, or related field, and
3
professional experience in Washington State.
4
(B)
A qualified professional for a geological hazard must be a professional
5
engineer or geologist, licensed in the state of Washington.
6
(C)
A qualified professional for critical aquifer recharge areas means a
7
hydrogeologist, geologist, engineer, or other scientist with experience
8
in preparing hydrogeologic assessments.
9
(D)
A qualified professional with flood and CMZ expertise must be a
10
hydrologist or fluvial geomorphologist.
11
(E)
A qualified professional for vegetation management must be a
12
registered landscape architect, certified. arborist, biologist, or
13
professional forester with a corresponding degree or certification.
14
(F)
A qualified archaeologist must be a person qualified for addressing
15
cultural and historical resources protection and preservation, with a
16
degree in archaeology, anthropology, history, classics or other
17
germane disciplines with a specialization in archaeology and/or
18
historic preservation and with a minimum of two years' experience in
19
preparing cultural resource site assessment reports.
20 01 M 113 "Recreational development" means the modification of the natural or
21 existing environment to accommodate commercial and public facilities
22 designed and used to provide recreational opportunities to the public.
23 Commercial recreational development should be consistent with commercial
24 development defined herein.
25 (1J. 11-1(114) "Recreational vehicle" means a vehicle designed primarily for recreational
26 camping, travel, or seasonal use that has its own mode of power or is mounted
27 on or towed by another vehicle, including, but not limited, to travel trailers,
28 folding camping trailer, truck camper, motor home, motorized boats, and
29 multi -use vehicles; or, any structure inspected, approved and designated a
30 recreational vehicle by and bearing the insignia of the State of Washington or
31 any other state or federal agency having the authority to approve recreational
32 vehicles.
33 (4-1-42_7015)"Residential development" entails one or more buildings, structures, lots,
34 parcels or portions thereof that are designed, used, or intended to be used as a
35 place of abode for human beings. These include single-family residences,
36 residential subdivisions, short residential subdivisions, attached dwellings, and
37 all accessory uses or structures normally associated with residential uses.
38 Accessory residential uses include, but are not limited to, garages, sheds,
39 tennis courts, swimming pools, parking areas, fences, cabanas, saunas, and
40 guest cottages. Hotels, motels, dormitories or any other type of overnight or
41 transient housing are excluded from the residential category and must be
42 considered commercial uses depending on project characteristics.
Grant County Shoreline Master Program 177
DRAFT REDLINES FOR REVIEW
S e.P January 2023
1
OL IL _31) 116 "Restore", "Restoration" or "ecological restoration" means the
2€�
' re-establishment or upgrading of impaired natural or enhanced
3
(through the Columbia Basin Project operations) ecological shoreline
4
processes or functions. This may be accomplished through measures including
5
but not limited to re -vegetation, removal of intrusive shoreline structures and
6
removal or treatment of toxic materials. Restoration does not imply a
7
requirement for returning the shoreline area to pre -Columbia Basin Project,
8
aboriginal or pre -European settlement conditions. d
9
{�IA. di)117 "Riparian habitat" means areas adjacent to aquatic systems with flowing
10
water that contains elements of both aquatic and terrestrial ecosystems that
11
mutually influence each other.
12
15)(118) "Salmonid" means a member of the fish family Salmonidae. In King
13
County, Chinook, coho, chum, sockeye, and pink salmon; cutthroat, brook,
14
brown, rainbow, and steelhead trout; kokanee; and native char (bull trout and
15
Dolly Varden).
16{
16) 119 "Section 404 Permit" means a permit issued by the Army Corp of
17
Engineers for the placement of dredge or fill material waterward of the
18
OHWM or clearing in waters of the United States, including wetlands, in
19
accordance with 33 United States Code (USC) Section 1344.
20
"" 120 "Seismic hazard areas" means areas that are subject to severe risk of
21
damage as a result of earthquake -induced ground shaking, slope failure,
22
settlement, or soil liquefaction.
23
{IL-1 121 "Shall" means a mandate; the action must be done.
24
122)44 Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the
25
state" and "shorelands" as defined in RCW 90.5 8.03 0.
26
L 123) "Shoreline master program" or "master program" means the
27
comprehensive use plan for a described area, and the use regulations together
28
with maps, diagrams, charts, or other descriptive material and text, a statement
29
of desired goals, and standards developed in accordance with the policies
30
enunciated in RCW 90.5 8.020. As provided in RCW 36.70A.480, the goals
31
and policies of a shoreline master program for a county or city approved under
32
chapter 90.58 RCW shall be considered an element of the county or city's
33
comprehensive plan. All other portions of the shoreline master program for a
34
county or city adopted under chapter 90.58 RCW, including use regulations,
35
shall be considered a part of the county or city's development regulations.
36 {-1 1244--}( 124) "Shoreline modifications" means those actions that modify the physical
37 configuration or qualities of the shoreline area, usually through the
38 construction of a physical element such as a dike, breakwater, pier, weir,
39 dredged basin, fill, bulkhead, or other shoreline structure. They can include
40 other actions, such as clearing, grading, or application of chemicals.
41 (1.2,2,)(125) "Shoreline stabilization" means actions taken to address erosion impacts to
42 property and dwellings, businesses, or structures caused by natural processes,
Grant County Shoreline Master Program 178
DRAFT REDLINES FOR REVIEW
` e -�- �4J a n u a r 2023
dr -
1
37 X 134 "Start of construction" means and includes substantial improvement, and
38 means the date the building permit was issued, provided the actual start of
39 construction, repair, reconstruction, placement, or other improvement was
p
40 within 180 days of the permit issuance date. For cumulative tracking, the
41 permit may extend beyond the specified time frame to the time ofp ermit
42 completion. The actual start means either the first placement ofp ermanent
Grant County Shoreline Master Program 179
DRAFT REDLINES FOR REVIEW
such as current, flood, wind, or wave action. These actions include structural and
2
nonstructural methods. Nonstructural methods include building setbacks
3
relocation of the structure to be protected, ground water management,lannin
p g
4
and regulatory measures to avoid the need for structural stabilization.
5
{���)126 "Should" means that the particular action is required unless there is a
6
demonstrated, compelling reason, based on policy of the Shoreline
7
Management Act and this chapter, against taking the action.
8
(IL 24) 127) "Significant adverse environmental impacts" as used in SEPA means a
9
reasonable likelihood of more than a moderate adverse impact on
p
10
environmental quality (WAC 197-11-794).
11
mss) 128 "Significant vegetation removal" means the removal or alteration of trees
12
shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical
13
means, or other activity that causes significant ecological impacts on functions
14
provided by such vegetation. The removal of invasive or noxious weeds does
15
not constitute significant vegetation removal. Tree pruning, not including tree
g g
16
topping, where it does not affect ecological functions, does not constitute
17
significant vegetation removal.
18
(ILA26- 129) "Site Assessment Requirements" means requirements for critical areas
19
report.
20
IL:127).0 3 0 "Snag" means the remaining trunk of a dying, diseased, or dangerous tree
21
that is reduced in height and stripped of all live branches
22(1,2N.0
,If131 "Special flood hazard area (SFHA)" means an area subject to a base or
23
100 -year flood; areas of special flood hazard are shown on a flood hazard
24
boundary map or flood insurance rate map as Zone A, AO, A 1-3 0, AE A99
25
AH.
26
kf?-9)132 "Species and habitats of local importance" means those species that may
y
27
not be endangered, threatened, or critical from a state-wideers ective but
p p
28
are of local concern due to their population status, sensitivity to habitat
29
manipulation, or other educational, cultural, or historic attributes. These
30
species may be priority habits, priority species, and those habitats and species
31
identified in the critical areas code as having local importance. e. ., elk
( g )
32
{-IL30) 133 "Species, threatened and endangered" means those native species that are
33
listed by the State Department of Fish and Wildlife pursuant to RCW
34
77.12.070 as threatened (WAC 232-12-011) or endangered(WAC 232-12-
35
014), or that are listed as threatened or endangered under the federal
36
Endangered Species Act (16 U.S.C. 1533).
37 X 134 "Start of construction" means and includes substantial improvement, and
38 means the date the building permit was issued, provided the actual start of
39 construction, repair, reconstruction, placement, or other improvement was
p
40 within 180 days of the permit issuance date. For cumulative tracking, the
41 permit may extend beyond the specified time frame to the time ofp ermit
42 completion. The actual start means either the first placement ofp ermanent
Grant County Shoreline Master Program 179
DRAFT REDLINES FOR REVIEW
Sor�tomHe— ar 701 4.lanuary 223
1
construction of a structure on a site, such as the pouring of slab or footings,
2
the installation of piles, the construction of columns, or any work beyond the
3
stage of excavation, or the placement of a manufactured home on a
4
foundation. Permanent construction does not include land preparation such as
5
clearing, grading, and filling, nor does it include the installation of streets
6
and/or walkways, nor does it include excavation for a basement, footings,
7
piers, or foundation or the erection of temporary forms, nor does it include the
8
installation on the property of accessory buildings, such as garages or sheds
9
not occupied as dwelling units or not part of the main structure. For a
10
substantial improvement, the actual start of construction means the first
11
alteration of any wall, ceiling, floor, or other structural part of a building,
12
whether or not that alteration affects the external dimensions of the building.
g
13
{�-31A!: Id 13 5 "Steep slopes" means those slopes (excluding County -approved
14
geotechnical engineered slopes) 40 percent or steeper within a vertical
15
elevation change of at least 10 feet. A slope is defined by establishing its toe
16
and top and is measured by averaging the inclination over at least 10 feet of
17
vertical relief.
18 {�.31 136 "Stream" means any portion of a channel, bed, bank, or bottom waterward
19 of the ordinary high water line of waters of the state, including areas in which
20 fish may spawn, reside, or pass, and tributary waters with defined bed or
21 banks, which influence the quality of fish habitat downstream. This includes
22 watercourses which flow on an intermittent basis or which fluctuate in level
23 during the year and applies to the entire bed of such watercourse whether or
24 not the water is at peak level. This definition does not include irrigation
25 ditches, canals, storm water run-off devices, or other entirely artificial
26 watercourses, except where they exist in a natural watercourse that has been
27 altered by humans.
28 J-1- 137 "Structure" means a permanent or temporary edifice or building, or an
29 piece of work artificially built or composed of parts joined together in some
30 definite manner, whether installed on, above, or below the surface of the
31 ground or water.
32 (1_5)Q3 S "Substantial damage" means damage of any origin, including intentional
33 and unintentional demolition, sustained by a structure whereby the cost of
34 restoring the structure to its before -damaged condition would equal or exceed
35 50 percent of the assessed value of the structure before the damage occurred.
36 13 9 "Substantial improvement" means any rehabilitation, repair,
37 reconstruction, addition, or other improvement of a building when the cost of
38 the improvement equals or exceeds fifty (50) percent of the market value of
39 the building before start of construction of the improvement. The term
40 includes buildings which have incurred substantial damage or damage of an
41 origin sustained by a building when the cost of restoring the buildingto its
42 pre -damaged condition would equal or exceed fifty (50) percent of the market
43 value before the damage occurred. Substantial improvement does not include
44 any project for improvement of a structure to correct existing violations of
Grant County Shoreline Master Program 180
DRAFT REDLINES FOR REVIEW
s��� I '-� .J_anu_ar„2023
1 state or local health, sanitary or safety code specifications which have been
2 identified by the local code enforcement official and which are the minimum
3 necessary to assure safe living conditions or any alteration of a historic
4 structure; provided, that the alteration will not preclude the structure's
5 continued designation as a historic structure.
6 140 "Substantially degrade" means to cause significant ecological impact.
g g pct.
7 141 "Technical Interdisciplinary Team" includes representatives from Grant
ant
$
County Departments, including Community Development, Public Works
Agency
9
Health Department, and Emergency Management, and Resource A
10 g Y
Personnel having technical expertise in the subject of interest.
11 0J. 3011) 142 "Thinning" means the evenly spaced noncommercial removal of up
12
percent of trees and woody shrubs.
13 (IJ -410 143 "Topping" means the severing of main trunks or stems of vegetation g n at
14
any place above 25 percent of the vegetation height.
15
00.44-} 144 "Transportation facilities" are those structures and developments that
hat
16
provide for the movement of people, goods, and services. These include roads
17
and highways, railroad facilities, bridges, parking facilities, bicycle paths,
18
trails, and other related facilities.
19
� 145 "Tree removal" means the removal of a tree through either direct
� g or
20
indirect actions, including but not limited to: (a) clearing, damaging or
g g
21
poisoning resulting in an unhealthy or dead tree;(b)removal of at least• half of
22
the live crown; or (c) damage to roots or trunk that is likelyto destroy th
y e
23
'
trees structural integrity.
24
146 "Trees" means any living woody plant characterized b one main stem
Y mor
25
trunk and many branches and having a diameter of four inches or more
26
measured 24 inches above ground level
27
(14 4 If 147) "Unavoidable" means adverse impacts that remain after all appropriate
28
and practicable avoidance and minimization have been achieved.
29
(NIL148) "Understory" means the vegetation layer of a forest that includes shrubs
hrubs,
30
herbs, grasses, and grass -like plants, but excludes trees.
31
149 "Urban Growth:" refers to growth (commercial industrial and residential)
ntial)
32
that makes intensive use of land for the location of buildings, structures
g , ,and
impermeable mpermeable surfaces to such a degree as to be incompatible with the primary
p
34
use of such land for the production of food, other agriculturalroducts p ' or
35
fiber, or the extraction of mineral resources. When allowed to spread over
36
wide areas, urban growth typically requires urbang overnmental services
37
urban "Characterized by urban growth" refers to land havinggrowth located
ated
38
on it, or to land located in relationship to an area with urbanowth on gri
' t as to
39
be appropriate for urban. A pattern of more intensive rural development,
p ' as
40
r
provided in RCW 36.70A.070(5)(d), is not urban growth.
Grant County Shoreline Master Program 181
DRAFT REDLINES FOR REVIEW
ar 70-14J a n u a ry 2023
1 1.50 "Urban Growth Area:" means an area within which urbanowth shall be
2 �'
encouraged and outside of which growth can occur only if it is not urban in
3 nature. Regulatory control of land within the Urban Growth Areas remains
4 with the County until annexed into a city. The land and development controls
s
5 within Urban Growth Areas, however, .
Y may be sub to ioint count /citJ Y Y
6 interlocal planning agreements and concurrenc
741151 "Urban Growth Boundary:" is a boundary designating areas of existing
8 and future urban growth, which is growth that makes intensive use of land for
9 residential, commercial, and industrial development.
10 (149-} 152) "Utility" means a service and/or facilitythat produces, transmits carries
p s,
11 stores, processes, or disposes of electricalower�gas, potable water
p
12 stormwater, communications (including, but not limited to telephone and
13 cable), sewage, oil, and the like.
14 5 (0)f.1, 5 3"Vegetation" means plant life growing below, at, and above the soil
15 surface.
16{- L 154 "Vegetation alteration" means any clearing, grading, cutting, topping,
17 limbing, or pruning of vegetation.
18 {� `,,4,J 155 "Water -dependent use" means a use orortion of a use which cannot exist
ist
19 in a location that is not adjacent to the water and which is dependent on the
20 water by reason of the intrinsic nature of its operations.
21{-� `'� 156 "Water-
enjoyment use" means a recreational use or other use that
22 facilitates public access to the shoreline as a rima characteristic of the use;
primary ,
23 or a use that provides for recreational use or aesthetic enjoyment of the
24 shoreline for a substantial number of people as ag eneral characteristic of the
25 use and which through location, design, and operation ensures thepublic's
26 ability to enjoy the physical and aestheticualities of the shoreline. In order
q to
27 qualify as a water -enjoyment use, the use must be open to the general public
28 and the shoreline -oriented space within theJro'ect must be devoted to the
p
29 specific aspects of the use that fosters shoreline enjoyment.
30 5I'll-
31
-) 157 "Water -oriented use" means a use that is water -dependent, p ent, water -related,
31 or water -enjoyment, or a combination of such uses.
32 158 "Water quality" means the physical characteristics of water within
33 shoreline jurisdiction, including water quantity,hydrological, h drolo ical, ph sical
Y
34 chemical, aesthetic, recreation -related, and biological characteristics. Where
35 used in this chapter, the term "water quantity" refers only to development an
Y y p d
36 uses regulated under this chapter and affecting quantity, water such as
37 impermeable surfaces and storm water handling practices. Water quantity, for
38
purposes of this chapter, does not mean the withdrawal of ground water or
39 diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
40 159 "Water -related use" means a use or portion of a use which is not
41 intrinsically dependent on a waterfront location but whose economic viability
42 is dependent upon a waterfront location because:
Grant County Shoreline Master Program 182
DRAFT REDLINES FOR REVIEW
'^'' ^January 2023
V4
1 (A) The use has a functional requirement for a waterfront front location such as
2
the arrival or shipment of materials b water or the need f
3 .. Y or large
quantities of water; or
4 (B) The use provides a necessary service '
ce supportive of the water-
s dependent uses and theroximi
p ty of the use to its customers makes its
6 services less expensive and/or
p more convenient.
7 7) 160 "Water resources invento area
inventory (WRIA) means one of 62 watersheds in
S
9 the state of Washington, each composed '
g p ed o f the drainage areas of a stream or
streams, as established in Chapter 173- existed on January 1,
1 p 500 WAC as it exi
0 1997.
11 fiS,5-} 161 "Weir" means a structureeneral � .
g ly built perpendicular to the shoreline for
12 the purpose, of divertingwater or trapping
13 piling sediment or other moving objects
transported by water.
14(162)"Wetlands" are areas that are inundated or saturated by surface or ground
15 water at a frequency and duration sufficient
1 Y icient to support, and that under normal
6 circumstances do support, prevalence pp a p e of vegetation typically adapted for life
17 in saturated soil conditions. Wetlands
generally include swamps, marshes,
18 bogs, and similar areas. Wetlands don '
of include those artificial wetlands
19 intentionally created from nonwetlan
md sites, including, but not limited to,
20 irrigation and drainage ditches grass -lined g , g ned swales, canals, detention facilities,
21 wastewater treatment facilities farm
ponds, and landscape amenities, or those
22 wetlands created after Jul 1 1990 that '
23 Y , at were unintentionally created as a
result of the construction of a road, street, or highway. Wetla
24 Wetlands may include
those artificial wetlands intentional) created from nonwe
25 Y tland areas to
mitigate the conversion of wetlands.
26 24.12.870 Shoreline Environment Designation Maps
ps
Grant County Shoreline Master Program 183
DRAFT REDLINES FOR REVIEW