CITY OF SOAP LAKE
DRAFT SHORELINE MASTER PROGRAM
Grant County and Soap Lake
Anchor QEA, LLC
8033 West Grandridge Avenue, Suite A Kennewick, Washington 99336
Prepared with assistance from
Oneza & Associates
This report was funded through a grant from the Washington State Department of Ecology
2 Table of Contents:
3 SECTION I: Shoreline Goals and Policies (RCW 90.58.100) 1
4 Introduction 1
5 Relationship to GMA 1
6 Profile of the Shoreline Jurisdiction within the City of Soap Lake 1
7 Development of Goals and Policies 2
8 Economic Development Element 2
9 Public Access and Recreation Element 3
10 Circulation Element 4
11 Shoreline Uses and Modifications Element 5
12 Conservation Element 10
13 Historic, Cultural, Scientific, and Educational Resources Element 11
14 Flood Hazard Management Element 11
15 Private Property Right (WAC 173-26-191(2)(a)(i)) 12
16 SECTION II: Shoreline Regulations – SLMC Chapter 14.08 13
17 Article I. Authority and Purpose 13
18 14.08.010 Authority 13
19 14.08.020 Applicability 13
20 14.08.030 Purpose 13
21 14.08.040 Relationship to Other Codes, Ordinances and Plans 14
22 14.08.050 Liberal Construction 14
23 14.08.060 Severability 15
24 14.08.070 Effective Date 15
25 Article II. Environment Designations 16
26 14.08.100 Environment Designations 16
27 14.08.110 Aquatic 16
28 14.08.120 Urban Conservancy (on unimproved C1 zones) 18
29 14.08.130 Recreation 19
30 14.08.140 Public Recreation Conservancy 20
31 14.08.150 Shoreline Residential 21
32 14.08.160 Shoreline Residential – Low Intensity 22
33 Article III. General Regulations 23
1 14.08.200 Shoreline Use and Modification 23
2 14.08.210 Development Standards 26
3 14.08.220 Archaeological and Historic Resources 27
4 14.08.230 Environmental Protection 27
5 14.08.240 Shoreline Vegetation Conservation 28
6 14.08.250 Water Quality, Stormwater, and Nonpoint Pollution 29
7 14.08.260 Public Access 30
8 Article IV. Shoreline Modifications and Uses Regulations 33
9 14.08.300 Boating Facilities 33
10 14.08.310 Commercial Development 34
11 14.08.320 Docks and Piers 35
12 14.08.330 Dredging and Dredge Material Disposal 39
13 14.08.340 Fill and Excavation 39
14 14.08.350 Groins and Weirs 40
15 14.08.360 Mining 41
16 14.08.370 Recreational Development 41
17 14.08.380 Residential Development 43
18 14.08.390 Shoreline Habitat and Natural Systems Enhancement Projects 43
19 14.08.400 Shoreline Stabilization 44
20 14.08.410 Transportation: Trails, Roads, and Parking 45
21 14.08.420 Utilities 47
22 Article V. Critical Areas 50
23 14.08.500 Authority, Chapter and Procedures 50
24 14.08.510 Purpose – Goals – Policies 50
25 14.08.520 Applicability and Critical Areas Map 50
26 14.08.530 Allowed Uses 53
27 14.08.540 Exemptions 54
28 14.08.550 Critical Area – Critical Aquifer Recharge Areas 54
29 14.08.560 Critical area – Fish and Wildlife Habitat Conservation Areas 56
30 14.08.570 Critical area – Frequently Flooded Areas 63
31 14.08.580 Critical area – Geologically hazardous areas 64
32 14.08.590 Critical area – Wetlands 66
33 14.08.600 Most Current Scientific and Technical Information 73
1 14.08.610 Development Standards 73
2 14.08.620 Mitigation 74
3 14.08.630 Bonds to Ensure Mitigation, Maintenance, and Monitoring 76
4 14.08.640 Critical Area Inspections 77
5 Article VI. Existing Uses, Structures and Lots 78
6 14.08.700 Applicability 78
7 14.08.710 Nonconforming Uses 78
8 14.08.720 Nonconforming Structures 79
9 Article VII. Administration and Enforcement 81
10 14.08.800 Roles and Responsibilities 81
11 14.08.810 Interpretation 82
12 14.08.820 Statutory Noticing Requirements 82
13 14.08.830 Application Requirements 82
14 14.08.840 Shoreline Substantial Development Permits 82
15 14.08.850 Shoreline Conditional Use Permits 83
16 14.08.860 Shoreline Variance Permits 84
17 14.08.870 Exemptions from Shoreline Substantial Development Permits 85
18 14.08.880 Duration of Permits 89
19 14.08.890 Initiation of Development 89
20 14.08.900 Review Process 89
21 14.08.910 Appeals 90
22 14.08.920 Amendments to Permits 90
23 14.08.930 Enforcement 90
24 14.08.940 Cumulative Effects of Shoreline Developments 91
25 14.08.950 Amendments to Shoreline Master Program 91
26 14.08.960 Definitions 92
27 14.08.970 Shoreline Environment Designation Map 110
1 List of Tables:
2 Table 14.08.200 (I). Shoreline Use and Modification Matrix 25
3 Table 14.08.210 (A). Development Standards 26
4 Table 14.08.600 (D)(7): Mitigation ratios for eastern Washington 70
5 Table 14.08.600 (E)(6). Wetland Buffers 71
1 SECTION I: Shoreline Goals and Policies (RCW 90.58.100)
3 The City of Soap Lake Shoreline Master Program intends to implement the requirements of the
4 Washington State Shoreline Management Act (SMA) (Revised Code of Washington (RCW
5 90.58). The SMA was enacted in 1971 to provide for the management and protection of
6 shorelines of the state by regulating development in the shoreline area. The goal of the SMA is
7 "to prevent the inherent harm in an uncoordinated and piecemeal development of the state's
8 shorelines." (RCW 90.58.020) The SMA requires cities and counties to adopt a Shoreline
9 Master Program to regulate shoreline development and accommodate “all reasonable and
10 appropriate uses” consistent with “protection against adverse effects to the public health, the land
11 and its vegetation and wildlife, and the waters of the state and their aquatic life… and public
12 rights of navigation.” The City of Soap Lake adopted its Shoreline Master Program in 1974. The
13 Department of Ecology adopted the 2003 Shoreline Management Act Guidelines (Chapter 173-
14 26 Washington Administrative Code (WAC)) (Guidelines) which require local government
15 review and updates of Shoreline Master Programs. The updated version of the Soap Lake
16 Shoreline Master Program provides goals, policies and regulations for the development of Soap
17 Lake shorelines.
18 Relationship to GMA
19 A. A Shoreline Master Program (SMP) contains goals, policies, regulations, and a use
20 map that guides shoreline development in accordance with the SMA (RCW 90.58),
21 Washington State Department of Ecology (Ecology) SMP Guidelines (WAC 173-26),
22 and Shoreline Management Permit and Enforcement Procedures (WAC 173-27).
23 B. The provisions of this program implement the requirements of the SMA. The City’s
24 SMP is integrated with the City’s land use regulation system. Consistent with RCW
25 36.70A.480, the goals and policies contained in this SMP shall be considered an
26 element of the City’s comprehensive plan required by the Growth Management Act.
27 All other portions of this SMP, including the use regulations, are considered a part of
28 the City’s development regulations required by the Growth Management Act, and be
29 part of Soap Lake Municipal Code.
30 C. The Inventory and Characterization Report; Restoration Plan; Cumulative Impacts
31 Analysis; No Net Loss Report; and Public Participation Plan are supporting
32 documents, and are not adopted as part of this Program or the City’s Comprehensive
33 Growth Management Plan.
34 D. The Inventory and Characterization Report establishes the baseline against which the
35 standard “no net loss of shoreline ecological functions” is measured. The Restoration
36 Plan identifies and prioritizes shoreline restoration and enhancement opportunities
37 that may be undertaken independently or in conjunction with mitigation for
38 development impacts to improve shoreline ecological functions over time.
39 Profile of the Shoreline Jurisdiction within the City of Soap Lake
40 The Washington State Shoreline Management Act defines the Shoreline of the State as “all
41 ‘shorelines’ and ‘shorelines of statewide significance’ (SSWS) within the state” (RCW
42 90.58.030). The shoreline includes floodways; land within 200 feet of the ordinary high water
1 mark (OHWM) of the waterways; floodplains up to 200 feet from the floodway edge; and
2 associated wetlands. Lakes over twenty acres in size and wetlands associated with such small
3 lakes are included as shoreline jurisdiction water bodies.
4 Shorelines of statewide significance (RCW 90.58.030) are those lakes, whether natural, artificial,
5 or a combination thereof, with a surface acreage of one thousand acres or more measured at the
6 ordinary high water mark. The City of Soap Lake's shoreline jurisdiction consists of land within
7 200 feet of the ordinary high water mark of shoreline within the city limits along Soap Lake.
8 Soap Lake shoreline is a shoreline of the state but not a shoreline of Statewide Significance
9 because its surface acreage is less than one thousand acres.
10 Development of Goals and Policies
11 Goals express broad value statements that reflect the City’s vision of its shorelines. Goals also
12 provide a framework upon which the more detailed SMP shoreline use environments, policies,
13 regulations, and administrative procedures are based in subsequent chapters. Policies are more
14 detailed statements reflecting the City’s goals and visions for its shorelines. Policies provide
15 detail to the broader goals with which they are associated and act as a bridge between the goals
16 and implementing regulations.
17 The goals and policies of the SMP described in this element are categorized according to the
18 Master Program elements mandated in the SMA. The general goal and policy statements found
19 within each element of the Master Program are intended to provide the policy basis for
20 administration of the City’s SMP.
21 Economic Development Element
22 A. Goal A: Support the development of water-oriented commercial services and
23 attractions that serve tourism and support the community’s economy and shoreline
24 environment. Utilize the unique attribute of Soap Lake's “Healing Waters” as an
25 economic development theme.
26 B. Goal B: Promote economic growth that conserves natural resources, cultural and
27 historic resources, open spaces, and maintains environmental.
28 C. General Economic Development Policies:
29 1. Promote shoreline areas of the City of Soap Lake as an economic asset to the
31 2. Promote recreational opportunities and tourist-oriented businesses along
32 shoreline that are compatible with or complement the character and existing
33 uses of critical areas and shoreline.
34 3. Give preference to economic activities which either leave natural shoreline
35 features such as trees, native plants and wildlife habitat unmodified, or which
36 modify them in a way which enhances human awareness and appreciation of
37 the shoreline and other natural and non-natural surroundings.
38 4. Give first preference to water-dependent uses, second preference to water-
39 related or water-enjoyment economic activities, and last preference to non-
40 water-oriented uses in areas where limited commercial development space
41 along shorelines is in demand for a number of competing uses.
1 5. Ensure that any economic activity taking place along the shorelines operates
2 without causing irreparable harm to the quantity of the site’s environment or
3 adjacent shorelands.
4 6. Where possible, developments are encouraged to incorporate low impact
5 development techniques into new and existing projects and integrate
6 architectural and landscape elements that recognize the river environment.
7 7. Develop, as an economic asset, heritage tourism and preservation of cultural
8 and historic resources along shorelines in a manner that will enrich the
9 experience of residents and visitors alike.
10 8. Require non-water-oriented commercial or recreational development provide
11 for ecological restoration and public access as appropriate.
12 D. Commercial Development Policies:
13 1. Assure that commercial uses will not result in a net loss of shoreline
14 ecological functions or have significant adverse impacts on navigation,
15 recreation and public access.
16 2. Promote water-oriented commercial uses in shoreline areas that support
17 recreation and tourism.
18 3. Encourage multi-use commercial projects that include some combination of
19 ecological restoration, public access, open space, and recreation.
20 Public Access and Recreation Element
21 A. Goal A: Ensure that a diverse public access system to and along Soap Lake is
22 maintained and encouraged that is consistent with private property rights, public
23 safety and the natural shoreline character.
24 B. Goal B: Increase diverse, convenient and adequate recreational opportunities along
25 the shorelines of Soap Lake for public.
26 C. Policies:
27 1. Enhance recreational opportunities and public access to open spaces and
28 shoreline areas.
29 2. Promote tourism and recreational opportunities that are compatible with or
30 complement the character and existing uses of shoreline.
31 3. Encourage new development to provide links to parks through the
32 development of trails, and tourist recreational opportunities.
33 4. Identify opportunities for public access on publicly owned shorelines.
34 Preserve, maintain and enhance public access afforded by shoreline street
35 ends, public utilities and rights-of-way.
36 5. Provide physical and visual public access in the shoreline jurisdiction in
37 association with the following uses when feasible: residential developments
38 with five or more dwellings; commercial development; and public agency
39 recreational development.
1 6. Provide public access and interpretive displays as part of publicly funded
2 restoration projects where significant ecological impacts are addressed.
3 7. Give priority to water-oriented recreational opportunities in order to provide
4 access, use, and enjoyment. Give water-dependent recreation priority over
5 water-enjoyment recreation uses. Give water-enjoyment recreational uses
6 priority over non-water-oriented recreational uses
7 8. Allow for passive and active shoreline recreation that emphasizes location
8 along shorelines in association with the City's parks, recreation, wildlife
9 habitat and open space plans.
10 9. Promote recreational developments and plans that conserve the shoreline’s
11 natural character, ecological functions, and processes.
12 10. Integrate and link recreation facilities with linear systems, such as walking
13 trail, bicycle paths, easements, and scenic drives when feasible.
14 11. Support the interpretation and protection of cultural and historic resources to
15 enrich the recreation experience at shorelines.
16 Circulation Element
17 A. Goal A: Implement multi-modal transportation system that provide for mobility
18 and access and that minimize adverse impacts on the shoreline environment.
19 B. Policies:
20 1. Provide safe, reasonable, and adequate circulation systems to shorelines where
21 routes will minimize adverse effects on unique or fragile shoreline features
22 and existing ecological systems, while contributing to the functional and
23 visual enhancement of the shoreline
24 2. Within the shoreline jurisdiction, locate land circulation systems that are not
25 shoreline dependent as far from the land-water interface as practicable to
26 reduce interference with either natural shoreline resources or other appropriate
27 shoreline uses
28 3. Allow for maintenance and improvements to existing roads and parking areas.
29 Allow for necessary new roads and parking areas where other locations
30 outside of shoreline jurisdiction are not feasible.
31 4. Consider pedestrian, bicycle, and public transportation where appropriate and
32 compatible with the natural character, resources, and ecology of the shoreline.
33 5. Promote existing transportation corridors for reuse for water-dependent uses
34 or public access when they are abandoned.
35 6. Plan parking to achieve optimum use. Where possible, parking should serve
36 more than one use (e.g. serving recreational use on weekends, commercial
37 uses on weekdays).
38 7. Encourage low-impact parking facilities, such as those with permeable
39 pavements and bio-swales.
1 8. Encourage the linkage of shoreline parks, recreation areas, and public access
2 points with linear systems, such as trails, bicycle paths, easements and/or
3 scenic drives.
4 Shoreline Uses and Modifications Element
5 A. Goal A: Encourage shoreline development that recognizes the City of Soap Lake's
6 natural and cultural values and its unique aesthetic qualities offered by its variety of
7 shoreline environment
8 1. Ensure that uses, activities and facilities are located on the shorelines in such a
9 manner as to retain or improve the quality of the environment and will
10 maintain or improve the health, safety and welfare of the public.
11 2. Ensure that proposed shoreline uses do not infringe upon the rights of others,
12 upon the rights of private ownership, upon the rights of the public under the
13 Public Trust Doctrine and treaty rights of Indian tribes.
14 B. Shoreline Environment Designation Policies
15 1. Provide a comprehensive shoreline environment designation system to
16 categorize Soap Lake’s shorelines into environments based upon the primary
17 characteristics of shoreline areas to guide the use and management of these
19 2. Assign appropriate environment designations for preservation of wildlife
20 habitat area, natural resources, cultural and historic resources, and public
21 agency operations.
22 C. Boating Facilities Policies
23 1. Locate and design boating facilities so that their structures and operations will
24 be compatible with the area affected such as environmental conditions,
25 shoreline configuration, access, and neighboring upland and aquatic uses.
26 2. Require restoration activities when substantial improvements or repair to
27 existing boating facilities is planned.
28 3. Boating facilities that minimize the amount of shoreline modification are
30 4. Boating facilities should provide physical and visual public shoreline access
31 and provide for multiple use, including water-related use, to the extent
32 compatible with shoreline ecological functions and processes and adjacent
33 shoreline use.
34 5. Boating facilities should be located and designed to avoid adverse effects
35 upon riverine, and nearshore processes such as erosion, littoral or riparian
36 transport, and accretion, and, should where feasible, enhance degraded,
37 scarce, and/or valuable shore features including accretion shoreforms.
38 6. Location and design of boating facilities should not unduly obstruct navigable
39 waters and should avoid adverse effects to recreational opportunities such as
1 pleasure boating, commercial aquaculture, swimming, beach walking,
2 picnicking and shoreline viewing.
3 D. Dredging and Dredge Material Disposal Policies
4 1. Dredging and dredge material disposal should avoid and minimize significant
5 ecological impacts. Impacts which cannot be avoided should be mitigated.
6 2. Design and locate new shoreline development to avoid the need for dredging.
7 3. Limit dredging and dredge material disposal to the minimum necessary to
8 allow for shoreline restoration, flood hazard reduction, and maintenance of
9 existing legal moorage and navigation. Dredging to provide for new
10 navigation uses is prohibited.
11 4. Allow dredging for the primary purposes of flood hazard reduction only as
12 part of a long-term management strategy consistent with an approved flood
13 hazard management plan.
14 5. Ensure that dredging operations are planned and conducted in a manner that
15 will minimize interference with navigation and that will lessen adverse
16 impacts to other shoreline uses.
17 E. Docks and Piers Policies
18 1. Moorage associated with a single family residence is considered a water-
19 dependent use provided that it is designed and used as a facility to access
20 watercraft, and other moorage facilities are not available or feasible. Moorage
21 for water-related and water enjoyment uses or shared moorage for multifamily
22 use should be allowed as part of a mixed use development or where it
23 provides public access.
24 2. New moorage, excluding docks accessory to single family residences, should
25 be permitted only when the applicant/proponent has demonstrated that a
26 specific need exists to support the intended water-dependent or public access
28 3. As an alternative to continued proliferation of individual private moorage,
29 mooring buoys are preferred over docks or floats. Shared moorage facilities
30 are preferred over single user moorage where feasible, especially where water
31 use conflicts exist or are predictable. New subdivisions of more than two (2)
32 lots and new multifamily development of more than two (2) dwelling units
33 should provide shared moorage where feasible.
34 4. Docks, piers, and mooring buoys, including those accessory to single family
35 residences, should avoid locations where they will adversely impact shoreline
36 ecological functions or processes, including currents and littoral drift.
37 5. Moorage should be spaced and oriented in a manner that minimizes hazards
38 and obstructions to public navigation rights and corollary rights thereto such
39 as, but not limited to swimming and pleasure boating, as well as private
40 riparian rights of adjacent land owners.
1 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 and intertidal or aquatic habitat and are removable and thus more
6 flexible in terms of long term use patterns. Floats may be less desirable than
7 pile structures where aquatic habitat or littoral drift are significant.
8 8. The use of buoys for small craft moorage is preferred over pile or float
9 structures because of lesser long term impact on shore features and users;
10 moorage buoys should be placed as close to shore as possible to minimize
11 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 F. Fill and Excavation Policies
20 1. Limit fill waterward of the OHWM to support ecological restoration or to
21 facilitate water-dependent or public access uses.
22 2. Allow fill consistent with floodplain regulations upland of the OHWM
23 provided it is located, designed and constructed to protect shoreline ecological
24 functions and ecosystem-wide processes, including channel migration, and is
25 the minimum necessary to implement an approved project.
26 G. Groins and Weirs Policies
27 1. To the extent feasible, limit the use of jetties, groins, weirs or other similar
28 structures to those projects providing ecological restoration or other public
29 benefits. These structures should avoid and minimize significant ecological
30 impacts. Impacts which cannot be avoided should be mitigated.
31 H. Residential Development Policies
32 1. Consider single-family residential development as a priority use only when
33 developed in a manner consistent with the control of pollution and prevention
34 of damage to the natural environment.
35 2. Locate and construct residential development in a manner that ensures no net
36 loss of shoreline ecological functions.
37 3. Ensure the overall density of development, lot coverage, and height of
38 structures is appropriate to the physical capabilities of the site and consistent
39 with the comprehensive plan.
1 4. Ensure new residential development provides adequate buffers or open space
2 from the water to protect or restore ecological functions and ecosystem-wide
3 processes, to preserve views, to preserve shoreline aesthetic characteristics, to
4 protect the privacy of nearby residences, and to minimize use conflicts.
5 5. Make adequate provisions for services and infrastructure necessary to support
6 residential development.
7 6. Design and locate residential development to preserve existing shoreline
8 vegetation, to control erosion, and to protect water quality.
9 7. Design and locate new residences so that shoreline stabilization will not be
10 necessary to protect the structure. The creation of new residential lots should
11 not be allowed unless it is demonstrated the lots can be developed without:
12 a. Constructing shoreline stabilization structures (such as bulkheads).
13 b. Causing significant erosion or slope instability.
14 c. Removing existing native vegetation within shoreline buffers.
15 I. Shoreline Habitat and Natural Systems Enhancement Projects Policies
16 1. Include provisions for shoreline vegetation restoration, aquatic and wildlife
17 habitat enhancement, and low impact development techniques in projects
18 located within shoreline jurisdiction, where feasible.
19 2. Encourage and facilitate implementation of projects and programs included in
20 the Shoreline Master Program Shoreline Restoration Plan.
21 J. Shoreline Stabilization Policies
22 1. Locate and design new development, including subdivisions, to eliminate the
23 need for new shoreline modification or stabilization.
24 2. Design, locate, size and construct new or replacement structural shoreline
25 stabilization measures to minimize and mitigate the impact of these
26 modifications on the City's shorelines.
27 3. Give preference to non-structural shoreline stabilization measures over
28 structural shoreline stabilization, and give preference to soft structural
29 shoreline stabilization over hard structural shoreline stabilization.
30 4. Allow location, design, and construction of riprap and other bank stabilization
31 measures primarily to prevent damage to existing development or to protect
32 the health, safety and welfare of the City of Soap Lake's residents.
33 K. Utilities Policies
34 1. Allow for utility maintenance and extension with criteria for location and
35 vegetation restoration as appropriate.
36 2. Plan, design, and locate utility facilities to minimize harm to shoreline
37 functions, preserve the natural landscape, and minimize conflicts with present
38 and future planned land and shoreline uses while meeting the needs of future
39 populations in areas planned to accommodate growth.
1 3. Do not permit new non-water-oriented primary utility production and
2 processing facilities, or parts of those facilities, such as power plants, solid
3 waste storage or disposal facilities within shoreline jurisdiction unless no
4 other options are feasible. Primary utility facilities, such as wastewater
5 treatment plants and including expansion of existing facilities, should be
6 located in shoreline jurisdiction only if no practical upland alternative or
7 location exists. Such facilities and expansions should be designed and located
8 to minimize impacts on shoreline ecological functions, including riparian and
9 aquatic areas, and to the natural landscape and aesthetics. Public health and
10 safety should be the highest priority for the planning, development and
11 operation of primary utility facilities.
12 4. Locate utility transmission facilities for the conveyance of services, such as
13 power lines, cables, and pipelines, outside of shoreline jurisdiction where
14 feasible. Where permitted within shoreline jurisdiction, such facilities should
15 be located within existing or approved road crossings, right-of-way and
16 corridors or in such a way as to minimize potential adverse impacts on
17 shoreline areas. Joint use of rights-of-way and corridors in shoreline areas
18 should be encouraged.
19 5. Locate new utility facilities so as not to require extensive shoreline protection
21 6. Locate utility facilities and corridors to protect scenic views from public parks
22 and trails. Whenever possible, such facilities should be placed underground,
23 or alongside or under bridges.
24 7. Design utility facilities and rights-of-way to preserve the natural landscape
25 and to minimize conflicts with present and planned land uses.
26 L. Existing Uses Policies
27 1. Allow nonconforming existing legal uses and structures to continue in
28 accordance with this SMP. Residential structures and appurtenant structures
29 that were legally established and are used for a conforming use, but that do
30 not meet standards for the following should be considered a conforming
31 structure: setbacks, buffers, or yards; area; bulk; height; or density.
32 2. Allow alterations of nonconforming structures, uses, and lots in consideration
33 of historic development patterns, when occupied by preferred uses, and when
34 consistent with public safety and other public purposes.
35 3. Encourage transitions from nonconforming uses to conforming uses.
36 4. Allow for nonconforming structures to expand when they do not increase the
37 nonconformity according to SMP requirements.
38 5. Allow for existing roads, driveways and utility lines to continue and expand
39 when they do not increase the nonconformity according to SMP requirements.
40 6. Consider the no-net-loss of ecological function objective to guide review of
41 proposed expansions or other changes to nonconforming uses and new
1 development on nonconforming vacant lots. This objective may be addressed
2 in an area-wide manner consistent with the SMP cumulative impacts analysis.
3 Conservation Element
4 A. Goal A: The City should conserve or enhance important natural, cultural, and scenic
5 resources; preserve and protect the functions and values of the natural features and
6 maintain a harmonious relationship between the manmade community and the natural
8 B. Goal B: The Unique Mineral Content of Soap Lake should be preserved to the
9 greatest extent possible.
10 C. Goal C: Wetlands should be protected because they provide important ecological
11 functions that add to the quality of life.
12 D. Policies:
13 1. Protect streams, stream corridors, wetlands, natural shorelines, and aquifers.
14 2. Protect soil resources; and unique, diverse or critical wildlife and native plant
16 3. Enhance the values and functions of parks, wildlife preserves, nature
17 conservancies or sanctuaries, or other open space lands.
18 4. The City should support public and private land trusts in acquiring
19 conservation easements that provide open space attributes, consistent with the
20 intents of property owners.
21 5. The City should support the conservation of open space and resource lands
22 through enrollment in the County's open space taxation program.
23 6. The City of Soap Lake should maintain and enforce those regulations which
24 are intended to preserve the mineral content of Soap Lake.
25 7. Control of erosion at its source as a means of controlling water pollution,
26 flooding, and habitat damage downstream should be encouraged.
27 8. Control stormwater runoff in a manner consistent with low impact
28 development practices which utilize natural detention, retention and recharge
29 techniques to the maximum extent possible.
30 9. Protect shoreline processes and ecological functions through regulatory and
31 non-regulatory means that may include acquisition of key properties,
32 conservation easements, regulation of development within shoreline
33 jurisdiction, and incentives to private property owners to encourage
34 ecologically sound design and implementation of best land management
36 10. Work with other jurisdictional agencies in the region and with the private
37 sector to deal effectively with regional and watershed-wide natural
38 environment issues and the protection, preservation, and
39 restoration/enhancement of all shorelines as aquatic and associated wildlife
1 11. Enhance and restore areas which are biologically and aesthetically degraded to
2 the greatest extent feasible while maintaining appropriate use of the shoreline.
3 Historic, Cultural, Scientific, and Educational Resources Element
4 A. Goal A: Identify, preserve and protect historic, cultural and archaeological resources
5 found to be significant by regional, local, state or federal processes.
6 B. Goal B: Encourage educational and scientific projects and programs that foster a
7 greater appreciation of the importance of shoreline management, water-oriented
8 activities, environmental conservation and local historic connections with the City of
9 Soap Lake's shoreline.
10 C. Policies:
11 1. Preserve scenic vistas, historic, cultural and archaeological sites.
12 2. Identify, protect, preserve, and restore important archeological, historical, and
13 cultural sites located in shorelands.
14 3. Prior to demolition, moving, or alteration to any designated historic, cultural,
15 and archaeological landmark, ensure that due consideration is given to
16 preservation or, at a minimum, documentation of its cultural or archaeological
18 4. Public recreation facilities should incorporate public education regarding
19 shoreline ecological functions and processes, the role of human actions on the
20 environment and the importance of public involvement in shorelines
22 Flood Hazard Management Element
23 A. Goal A: Protect lake water mineral content and associated hydrologic conditions
24 along with public safety within Soap Lake's floodways and floodplains and protect
25 natural systems by preserving the flood storage function of floodplains, recognizing
26 lake elevation controlled by US Bureau of Reclamation.
27 B. Policies:
28 1. Manage development proposed within floodplains and floodways consistent
29 with the Shoreline Management Act, the Federal Emergency Management
30 Agency (FEMA) standards, the Critical Areas Regulations for frequently
31 flooded areas contained within this SMP, and US Bureau of Reclamation lake
32 level elevation management.
33 2. Control stormwater runoff in a manner consistent with low impact
34 development practices which utilize natural detention, retention and recharge
35 techniques to the maximum extent possible.
36 3. Prohibit any development within the floodplain which would individually or
37 cumulatively cause any increase in the base flood elevation, or contribute to
38 change in US Bureau of Reclamation operations, where additional lake
39 pumping is required to maintain the base lake elevation.
1 Private Property Right (WAC 173-26-191(2)(a)(i))
2 A. Goal A: Recognize and protect private property rights in shoreline uses and
3 developments consistent with the public interest.
4 B. Policies:
5 1. Shoreline uses should be located and designed to respect private property
6 rights, maintain privacy of private property, be compatible with the shoreline
7 environment, protect ecological functions and processes, and protect aesthetic
8 values of the shoreline.
9 2. Public access to shoreline such as trail, bikeways or roads should consider
10 privacy of private property owners when locating them near private
1 SECTION II: Shoreline Regulations – SLMC Chapter 14.08
2 Article I. Authority and Purpose
3 14.08.010 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 14.08.020 Applicability
7 A. This Program shall apply to all of the shorelands and waters within the City of Soap
8 Lake as described in the City’s SMP Section I, Profile of the Shoreline Jurisdiction
9 within the City of Soap Lake.
10 B. All proposed uses, activities, or development occurring within shoreline jurisdiction
11 must conform to the intent and requirements of Chapter 90.58 RCW, the SMA, and
12 this SMP whether or not a permit or other form of authorization is required, except
13 when specifically exempted by statute. See the City’s SMP Section I for the shoreline
14 jurisdiction description and SLMC Section 14.08.960 for the definition of uses,
15 activities, and development.
16 C. The SMP applies to shoreline jurisdiction within the City limits.
17 D. Pursuant to WAC 173-27-060, federal agency activities may be required by other
18 federal laws to meet the permitting requirements of chapter 90.58 RCW. This
19 Program shall apply to all nonfederal developments and uses undertaken on federal
20 lands and on lands subject to nonfederal ownership, lease or easement, even though
21 such lands may fall within the external boundaries of a federal ownership.
22 E. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty
23 rights of Indian Nations or tribes.
24 F. Maps indicating the extent of shoreline jurisdiction and shoreline designations are
25 guidance only. They are to be used in conjunction with best available science, field
26 investigations and on-site surveys to accurately establish the location and extent of
27 shoreline jurisdiction when a project is proposed. All areas meeting the definition of a
28 shoreline of the state or a shoreline of statewide significance, whether mapped or not,
29 are subject to the provisions of this Program. 30 14.08.030 Purpose
31 A. The purposes of this SMP are:
32 1. To promote the public health, safety, and general welfare of the City by
33 providing comprehensive policies and effective, reasonable regulations for
34 development, use and protection of jurisdictional shorelines; and
35 2. To further assume and carry out the local government responsibilities
36 established by the SMA in RCW 90.58.050 including planning and
37 administering the regulatory program consistent with the policy and
38 provisions of the SMA in RCW 90.58.020; and
39 3. To provide a high quality shoreline environment where:
1 a. Recreational opportunities are abundant;
2 b. The public enjoys access to and views of shoreline areas;
3 c. Natural systems are preserved, restored or enhanced;
4 d. Ecological functions of the shoreline are maintained and improved
5 over time; and
6 e. Water-oriented uses are promoted consistent with the shoreline
7 character and environmental functions.
8 4. To apply special conditions to those uses which are not consistent with the
9 control of pollution and prevention of damage to the natural environment or
10 are not unique to or dependent upon use of the state's shoreline; and
11 5. To ensure no net loss of ecological functions associated with the shoreline.
12 14.08.040 Relationship to Other Codes, Ordinances and Plans
13 A. All applicable federal, state, and local laws shall apply to properties in the shoreline
14 jurisdiction. Where this Program makes reference to any RCW, WAC, or other state
15 or federal law or regulation the most recent amendment or current edition shall apply.
16 B. In the event provisions of this SMP conflict with provisions of federal, state or city
17 regulations, the provision that is most protective of shoreline resources shall prevail.
18 It is understood that the provisions of this chapter may not allow development to
19 occur at what otherwise might be the property’s full zoning potential.
20 C. The policies in the SMP, contained in the Shoreline Master Program Elements, state
21 the underlying objectives the regulations are intended to accomplish. The policies
22 guide the interpretation and enforcement of the SMP regulations contained in this
23 Chapter, SLMC 14.08. The policies are not regulations in themselves and, therefore,
24 do not impose requirements beyond those set forth in the regulations.
25 D. This Shoreline Master Program contains critical area regulations in Article V of this
26 Chapter. Critical area regulations are applicable only in shoreline jurisdiction. They
27 provide a level of protection to critical areas and ensure no net loss of shoreline
28 ecological functions necessary to sustain shoreline natural resources. (RCW 29 36.70A.480).
30 E. Projects in the shoreline jurisdiction that have either been deemed technically
31 complete through the application process or have been approved through local and
32 state reviews prior to the adoption of this Program are considered accepted. Major
33 changes or new phases of projects that were not included in the originally approved
34 plan will be subject to the policies and regulations of this Program.
35 14.08.050 Liberal Construction
36 A. As provided for in RCW 90.58.900, the SMA is exempted from the rule of strict
37 construction. The City shall therefore interpret the SMP not only on the basis of
38 actual words and phrases used in it, but by also taking purposes, goals, and policies
39 into account.
1 14.08.060 Severability
2 A. Should any section or provision of this SMP be declared invalid, such decision shall
3 not affect the validity of this SMP as a whole.
4 14.08.070 Effective Date
5 A. The SMP is hereby adopted on the XX date of XX, 201X. This SMP and all
6 amendments thereto shall become effective fourteen (14) days after final approval
7 and adoption by Ecology. 8
1 Article II. Environment Designations
2 14.08.100 Environment Designations
3 A. The City has designated shorelines pursuant to chapter 90.58 RCW by defining them,
4 providing criteria for their identification and establishing the shoreline ecological
5 functions to be protected. Project proponents are responsible for determining whether
6 a shoreline exists and is regulated pursuant to this Program. The SMP classifies City
7 of Soap Lake's shoreline into four shoreline environment designations consistent with
8 the purpose and designation criteria as follows:
9 1. Aquatic
10 2. Urban Conservancy
11 3. Recreation
12 4. Public Recreation Conservancy
13 5. Shoreline Residential
14 6. Shoreline Residential – Low Intensity
15 B. Official Shoreline Maps
16 1. Shoreline Area Designations are delineated on a map, hereby incorporated as
17 a part of this Program (SLMC 14.08.970) that shall be known as the Official
18 Shoreline Map. The purpose of the Official Shoreline Map is to identify
19 Shoreline Area Designations. Maps indicating the extent of shoreline
20 jurisdiction and shoreline designations are guidance only. They are to be used
21 in conjunction with best available science, field investigations and on-site
22 surveys to accurately establish the location and extent of shoreline jurisdiction
23 when a project is proposed.
24 C. Unmapped or Undesignated Shorelines
25 1. All areas meeting the definition of a shoreline of the state or a shoreline of
26 statewide significance, whether mapped or not, are subject to the provisions of
27 this Program.
28 D. Interpretation of Environment Designation Boundaries
Whenever existing physical features are inconsistent with boundaries on the Official Shoreline Map, the Shoreline Administrator shall interpret the boundaries. Appeals of such interpretations may be filed pursuant to Section 14.08.910, Appeals.
All shoreline areas waterward of the OHWM shall be designated Aquatic. Only one shoreline area designation shall apply to a given shoreland area.
All areas within shorelines that are not mapped and/or designated are automatically assigned Urban Conservancy designation.
38 A. Purpose
1 1. The purpose of the “Aquatic” shoreline designation is to protect, restore, and
2 manage the unique characteristics and resources of the areas waterward of the
3 ordinary high-water mark (OHWM).
4 B. Designation Criteria
5 1. An Aquatic shoreline designation is assigned to lands and waters waterward
6 of the ordinary high-water mark.
7 C. Management Policies
8 1. In addition to the other applicable policies and regulations of this Program, the
9 following management policies shall apply:
10 a. New over-water structures should be allowed only for water-dependent
11 uses, public access, recreation, or ecological restoration.
12 b. Shoreline uses and modifications should be designed and managed to
13 prevent degradation of water quality and natural hydrographic
15 c. In-water uses should be allowed where impacts can be mitigated to
16 ensure no net loss of shoreline ecological functions. Permitted in-water
17 uses must be managed to avoid impacts to shoreline ecological
18 functions. Unavoidable impacts must be minimized and mitigated.
19 d. On navigable waters or their beds, all uses and developments should
20 be located and designed to:
21 i. minimize interference with surface navigation
22 ii. consider impacts to public views
23 iii. allow for the safe, unobstructed passage of wildlife,
24 particularly species dependent on migration
25 e. Multiple or shared use of over-water and water access facilities should
26 be encouraged to reduce the impacts of shoreline development and
27 increase effective use of water resources.
28 f. Structures and activities permitted should be related in size, form,
29 design, and intensity of use to those permitted in the immediately
30 adjacent upland area. The size of new over-water structures should be
31 limited to the minimum necessary to support the structure's intended
33 g. Natural light should be allowed to penetrate to the extent necessary to
34 discourage salmonid predation and to support nearshore habitat unless
35 other illumination is required by state or federal agencies.
36 h. Aquaculture practices should be encouraged in those waters and beds
37 most suitable for such use. Aquaculture should be discouraged where
38 it would adversely affect the strength or viability of native stocks or
39 unreasonably interfere with navigation.
1 i. Shoreline uses, development, activities, and modifications in the
2 Aquatic shoreline designation requiring use of adjacent landside
3 property should be in a shoreline designation that allows that use,
4 development, activity or modification.
5 14.08.120 Urban Conservancy (on unimproved C1 zones)
6 A. Purpose
7 1. The purpose of the "urban conservancy" environment is to protect and restore
8 ecological functions of open space, fully or partially unimproved areas, flood
9 plain and other sensitive lands where they exist in urban and developed
10 settings, while allowing a variety of compatible uses.
11 B. Designation Criteria
12 1. The following criteria are used to consider an Urban Conservancy shoreline
14 a. The shoreline is located within the urban growth area boundary or
15 within an unimproved area within the City limits;
16 b. The shoreline has moderate to high ecological function with moderate
17 to high opportunity for preservation and low to moderate opportunity
18 for restoration or low to moderate ecological function with moderate to
19 high opportunity for restoration;
20 c. The shoreline has potential for public, water-oriented recreation where
21 ecological functions can be maintained or restored; or
22 d. The shoreline has high scientific or educational value or unique
23 historic or cultural resources value.
24 C. Management Policies
25 1. In addition to the other applicable policies and regulations of this Program the
26 following management policies shall apply:
27 a. Allowed uses should be those that preserve the natural character of the
28 area and/or promote preservation and restoration within critical areas
29 and public open spaces either directly or over the long term.
30 b. Uses that result in restoration of ecological functions should be
31 allowed if the use is otherwise compatible with the purpose of the
32 environment and the setting.
33 c. Development, when feasible, should be designed to ensure that any
34 necessary shoreline stabilization, flood control measures, native
35 vegetation removal, or other shoreline modifications do not result in a
36 net loss of shoreline ecological function or further degrade other
37 shoreline values.
38 d. Public access and recreational facilities should be promoted.
39 e. Water-oriented uses should be given priority over non-water-oriented
1 14.08.130 Recreation
2 A. Purpose
3 1. The purpose of the “ Recreation" environment is to provide for water-
4 oriented recreational uses with some commercial uses to support recreational
5 uses while protecting existing ecological functions, conserving existing
6 natural resources and restoring ecological functions in areas that have been
7 previously degraded.
8 B. Designation Criteria
9 1. The following criteria are used to consider a Recreation Shoreline designation:
10 a. The shoreline has low to moderate ecological function with low to
11 moderate opportunity for preservation and low to moderate
12 opportunity for restoration.
13 b. The shoreline is highly developed and most development is recreation-
14 related with potential for additional recreation and recreation related
15 commerce; or are suitable and planned for water-oriented uses.
16 c. The shoreline is planned, platted or currently used for recreational
18 d. The shoreline has existing recreation uses or moderate to high
19 potential for public and private, water-oriented recreation where
20 ecological functions can be maintained or enhanced; or
21 e. The shoreline has limited scientific or educational value or unique
22 historic or cultural resources values.
23 C. Management Policies
24 1. In addition to the other applicable policies and regulations of this Program the
25 following management policies shall apply:
26 a. In regulating uses in the "Recreation" environment, first priority
27 should be given to water-dependent recreational uses. Second priority
28 should be given to water-related and water-enjoyment recreational
29 uses. Non-water-oriented uses should not be allowed except as part of
30 mixed use developments with a recreation focus.
31 b. Policies and regulations shall ensure no net loss of shoreline ecological
32 functions as a result of new development. Consistent with the City's
33 restoration plan, new development shall include restoration of
34 shoreline functions as part of project proposals.
35 c. Where feasible, visual and physical public access should be required
36 and/or enhanced as provided for in SLMC 14.08.260, Public Access.
37 Recreational objectives should be enhanced by combining physical
38 and visual public access opportunities with other recreational
39 opportunities where feasible.
40 d. Water-oriented commercial uses should be allowed.
1 e. Aesthetic objectives should be implemented by means such as sign
2 control regulations, appropriate development siting, screening and
3 architectural standards, and maintenance of natural vegetative buffers.
4 14.08.140 Public Recreation Conservancy
5 A. Purpose
6 1. The purpose of the “Public Recreation Conservancy” shoreline designation is
7 to provide continued and enhanced recreational opportunities while protecting
8 shoreline ecological functions, conserve existing natural resources and
9 valuable historic and cultural areas in order to provide for sustained resource
11 B. Designation Criteria
12 1. The following criteria are used to consider a Public Recreation Conservancy
13 shoreline designation:
14 a. The shoreline is publically owned and includes facilities and
15 infrastructure that provide both aquatic habitat and water supply
17 b. The shoreline has low to high ecological function with moderate to
18 high opportunity for preservation and low to moderate opportunity for
20 c. The shoreline is not highly developed and most development is
22 d. The shoreline is planned for or has an existing recreation use;
23 e. The shoreline has existing or moderate to high potential for public,
24 water-oriented recreation where ecological functions can be
25 maintained or restored; or
26 f. The shoreline has high scientific or educational value or unique
27 historic or cultural resources value.
28 C. Management Policies
29 1. In addition to the other applicable policies and regulations of this Program the
30 following management policies shall apply:
31 a. Uses in the Public Recreation Conservancy – shoreline designation
32 should be limited to uses that sustain the shoreline area's physical and
33 biological resources and do not substantially degrade shoreline
34 ecological functions or the rural or natural character of the shoreline
36 b. Recreation development shall ensure no net loss of shoreline
37 ecological functions and preserve the existing character of the
38 shoreline consistent with the purpose of this designation.
39 c. Encourage regulations that provide adequate setbacks from the
40 shoreline, promote native vegetation conservation and invasive species
1 control/removal and replacement with native species, reduce the need
2 for shoreline stabilization and maintain or improve water quality to
3 ensure no net loss of shoreline ecological functions.
4 d. Water-dependent and water-enjoyment recreation facilities that do not
5 deplete the resource over time are preferred uses, provided significant
6 adverse impacts to the shoreline are avoided and unavoidable impacts
7 are minimized and mitigated.
8 e. Developments and uses that would substantially degrade or
9 permanently deplete the biological resources of the area should not be
11 f. New shoreline stabilization, vegetation removal, and other shoreline
12 modifications should be designed and managed consistent with these
13 guidelines to ensure that the natural shoreline functions are protected.
14 Such shoreline modification should not be inconsistent with planning
15 provisions for restoration of shoreline ecological functions.
16 14.08.150 Shoreline Residential
17 A. Purpose
18 1. The purpose of the “Shoreline Residential” designation is to accommodate
19 primarily residential development and appurtenant structures, but to also allow
20 other types of development that are consistent with this chapter. An additional
21 purpose is to provide appropriate public access and recreational uses.
22 B. Designation Criteria.
23 1. Assign a "Shoreline Residential” environment designation to shoreline areas
24 that are:
25 2. The shoreline has low to moderate ecological function with low to moderate
26 opportunity for restoration
27 3. The shoreline contains mostly residential development at urban densities and
28 does not contain resource industries (agriculture, forestry, mining)
29 4. The shoreline is planned or platted for residential uses in the comprehensive
30 plan; or
31 5. The shoreline has low to moderate potential for low-impact, passive or active
32 water-oriented recreation where ecological functions can be restored.
33 C. Management Policies.
34 1. In addition to the other applicable policies and regulations of this Program the
35 following management policies shall apply:
36 a. Encourage regulations that ensure no net loss of shoreline ecological
37 functions as a result of new development such as limiting lot coverage,
38 providing adequate setbacks from the shoreline, promoting vegetation
39 conservation, reducing the need for shoreline stabilization and
1 maintaining or improving water quality to ensure no net loss of
2 ecological functions.
3 b. The scale and density of new uses and development should be
4 compatible with sustaining shoreline ecological functions and
5 processes, and the existing residential character of the area.
6 c. Public access and joint (rather than individual) use of recreational
7 facilities should be promoted.
8 d. Access, utilities, and public services to serve proposed development
9 within shorelines should be constructed outside shorelines to the extent
10 feasible, and be the minimum necessary to adequately serve existing
11 needs and planned future development.
12 e. Public or private outdoor recreation facilities should be provided with
13 proposals for subdivision development and encouraged with all
14 shoreline development if compatible with the character of the area.
15 Priority should be given first to water-dependent and then to water-
16 enjoyment recreation facilities.
17 f. Commercial development should be limited to water-oriented uses.
18 Nonwater-oriented commercial uses should only be allowed as part of
19 mixed-used developments.
20 14.08.160 Shoreline Residential – Low Intensity
21 A. Purpose
22 1. The purpose of the “Shoreline Residential – Low Intensity” designation is to
23 accommodate residential development while protecting and, where
24 appropriate, enhancing ecological functions. An additional purpose is to
25 provide appropriate public access and recreational uses.
26 B. Designation Criteria
27 1. Assign a "Shoreline Residential – Low Intensity” environment designation to
28 shoreline areas where:
29 a. The shoreline has moderate to high ecological function with low to
30 moderate opportunity for restoration, and provides opportunity for
31 development that is compatible with ecological protection/restoration.
32 b. The shoreline is planned or platted for residential uses in the
33 comprehensive plan; or
34 c. The shoreline may support public passive or active water-oriented
35 recreation with opportunity for ecological functions restoration.
36 C. Management Policies
37 1. In addition to the other applicable policies and regulations of this Program the
38 following management policies shall apply:
39 a. Encourage regulations that ensure no net loss of shoreline ecological
40 functions as a result of new development such as limiting lot coverage,
1 providing adequate setbacks from the shoreline, promoting vegetation
2 conservation, reducing the need for shoreline stabilization and
3 maintaining or improving water quality to ensure no net loss of
4 ecological functions.
5 b. The scale and density of new uses and development should be
6 compatible with sustaining shoreline ecological functions and
7 processes, and the existing residential and ecological character of the
9 c. Developments and uses that would substantially degrade or
10 permanently deplete the biological resources of the area should not be
12 d. Enhancement/restoration of shoreline ecological functions should be
14 e. Public access and joint (rather than individual) use of recreational
15 facilities should be promoted.
16 f. Access, utilities, and public services to serve proposed development
17 within shorelines should be constructed outside shorelines to the extent
18 feasible, and be the minimum necessary to adequately serve existing
19 needs and planned future development.
20 g. Public or private outdoor recreation facilities should be provided with
21 proposals for subdivision development and encouraged with all
22 shoreline development if compatible with the character of the area.
23 Priority should be given first to water-dependent and then to water-
24 enjoyment recreation facilities. 25
26 Article III. General Regulations
27 14.08.200 Shoreline Use and Modification
28 A. Table 14.08.200 (I) indicates which shoreline activities, uses, developments and
29 modifications may be allowed or are prohibited in shoreline jurisdiction within each
30 shoreline environment designation. Activities, uses, developments, and modifications
31 are classified as follows:
32 1. “Permitted Uses” require a Shoreline Substantial Development Permit or a
33 Shoreline Exemption.
34 2. “Conditional Uses” require a Shoreline Conditional Use Permit per SLMC 35 14.08.850.
36 3. “Prohibited” activities, uses, developments, and modifications are not allowed
37 and cannot be permitted through a Variance or Shoreline Conditional Use
1 4. General Regulations, per Article III of this Chapter, and Shoreline
2 Modifications and Uses Regulations, per Article IV of this Chapter, shall be
3 considered for additional limitations.
4 B. Accessory uses shall be subject to the same shoreline permitting process as their
5 primary use.
6 C. Where there is a conflict between the chart and the written provisions in this SMP, the
7 written provisions shall control.
8 D. Authorized uses and modifications shall be allowed only in shoreline jurisdiction
9 where the underlying zoning allows for it and are subject to the policies and
10 regulations of this SMP.
11 E. A use is considered unclassified when it is not listed in Table 14.08.200 (I), Shoreline
12 Use and Modification Matrix or in Shoreline Modifications and Uses Regulations, Per
13 Article IV of this Chapter. Any proposed unclassified use may be authorized as a
14 conditional use provided that the applicant can demonstrate consistency with the
15 requirements of this Master Program and the requirements for conditional uses.
16 F. If any part of a proposed activity, use, modification or development is not eligible for
17 exemption per Section 14.08.870, Exemptions from Shoreline Substantial
18 Development Permits), then a Shoreline Substantial Development Permit or Shoreline
19 Conditional Use Permit shall be required for the entire proposed development project.
20 G. When a specific use or modification extends into the Aquatic environment and an
21 abutting upland environment without clear separation (e.g., shoreline stabilization),
22 the most restrictive permit process shall apply to that use or modification.
23 H. Shoreline and critical areas buffers found in Article V of this Chapter apply to all uses
24 and modifications unless stated otherwise in the regulations.
25 I. Shoreline use and modification matrix: 26
1 Table 14.08.200 (I). Shoreline Use and Modification Matrix
A = Allowed use with Substantial Development Permit; C = Conditional Use Permit;
X= Prohibited; N/A = Not Applicable;
Public Recreation Conservancy
Shoreline Residential - Low Intensity
Boat launch (motorized boats)
Boat launch (non-motorized boat - canoe / kayak)
Docks, Piers, Mooring Facilities
Dredge Material Disposal
Dredging & Disposal as part of Ecological Restoration/ Enhancement
Fill and Excavation
Waterward of OHWM
Other upland fill and excavation
Groins and Weirs
Water-related/enjoyment (trails, accessory buildings)
Shoreline Habitat and Natural Systems Enhancement Projects
Highways, Arterials, Railroads (parallel to OHWM)
Secondary/Public Access Roads (parallel to OHWM)
Roads perpendicular to the OHWM
Bridges (perpendicular to shoreline)
Existing bridges, trails, roads, and
A = Allowed use with Substantial Development Permit; C = Conditional Use Permit;
X= Prohibited; N/A = Not Applicable;
Public Recreation Conservancy
Shoreline Residential - Low Intensity
parking facilities: improvement or expansion
New Parking, Accessory2
Permitted under the primary use permit process
New Parking, Primary
Above and under-ground Utilities (parallel or cross shoreline)
1 1 Allowed as part of mixed use development
2 2 Not allowed within 50 ft of edge of riparian vegetation corridor
4 14.08.210 Development Standards
5 A. To preserve the existing and planned character of the shoreline consistent with the
6 purposes of the shoreline environment designations, development standards are
7 provided in Table 14.08.210 (A). These standards apply to all use and modification
8 unless indicated otherwise. In addition, shoreline developments shall comply with all
9 other dimensional requirements of the City of Soap Lake Municipal Code.
10 Table 14.08.210 (A). Development Standards
Public Recreation Conservancy
– Low Intensity
Building Height: maximum in feet (according to
Impervious Surface Cover (in feet)
Riparian Buffer Width (in feet)1,2
Trail Width (in feet)
Trails on private properties and not open for public use shall be up to 5 feet wide or as required by Americans for Disabilities Act (ADA)
11 1 Measured from the 1028-foot mean sea level (MSL) elevation, as this elevation is controlled by the U.S. Bureau of
13 2 Accompanied by other critical area protections, and stormwater management measures, as applicable
15 B. When a development or use is proposed that does not comply with the dimensional
16 performance standards of this SMP not otherwise allowed by administrative reduction
1 or administrative modification, such development or use can only be authorized by
2 approval of a Shoreline Variance.
3 C. No permit shall be issued for any new or expanded building or structure of more than
4 35 feet above average grade level on shorelines of the state that will obstruct the view
5 of a substantial number of residences on areas adjoining such shorelines, except
6 where the SMP does not prohibit the same, and then only when overriding
7 considerations of the public interest will be served.
8 14.08.220 Archaeological and Historic Resources
9 A. In all developments, whenever an archaeological area or historic site is discovered by
10 a development in the shoreline area, the developer shall immediately stop the work
11 and notify the City of Soap Lake, and the Department of Archaeology and Historic
12 Preservation and affected Indian tribes.
13 B. Upon receipt of application for a shoreline permit or request for a statement of
14 exemption for development on properties within 500 feet of a site known to contain
15 an historic, cultural or archaeological resource, or upon findings as described in
16 Section 14.08.220 (A) above, the City shall require a cultural resource site
17 assessment; provided that, the provisions of this section may be waived if the
18 Shoreline Administrator determines that the proposed development activities do not
19 include any ground disturbing activities and will not impact a known historic, cultural
20 or archaeological site. The site assessment shall be conducted by a professional
21 archaeologist or historic preservation professional, as applicable, to determine the
22 presence of significant historic or archaeological resources. The fee for the services of
23 the professional archaeologist or historic preservation professional shall be paid by
24 the landowner or responsible party. The applicant shall submit a minimum of five (5)
25 copies of the site assessment to the Shoreline Administrator for distribution to the
26 applicable parties for review.
27 C. If the cultural resource site assessment identifies the presence of significant historic or
28 archaeological resources, a Cultural Resource Management Plan (CRMP) shall be
29 prepared by a professional archaeologist or historic preservation professional, as
30 applicable. The fee for the services of the professional archaeologist or historic
31 preservation professional shall be paid by the landowner or responsible party. In the
32 preparation of such plans, the professional archaeologist or historic preservation
33 professional shall solicit comments from the Washington State Department of
34 Archaeology and Historic Preservation, and the local tribes (Colville).
35 14.08.230 Environmental Protection
36 A. All project proposals, including those for which a Shoreline Substantial Development
37 Permit is not required, shall comply with RCW Chapter 43.21C, the Washington
38 State Environmental Policy Act.
39 B. Applicants shall apply the following sequence of steps in order of priority to avoid or
40 minimize significant adverse effects and significant ecological impacts, with 1) being
41 top priority:
42 1. Avoiding the adverse impact altogether by not taking a certain action or parts
43 of an action;
1 2. Minimizing adverse impacts by limiting the degree or magnitude of the action
2 and its implementation by using appropriate technology or by taking
3 affirmative steps to avoid or reduce impacts;
4 3. Rectifying the adverse impact by repairing, rehabilitating, or restoring the
5 affected environment to the conditions existing at the time of the initiation of
6 the project;
7 4. Reducing or eliminating the adverse impact over time by preservation and
8 maintenance operations;
9 5. Compensating for the adverse impact by replacing, enhancing, or providing
10 substitute resources or environments; and
11 6. Monitoring the adverse impact and the compensation projects and taking
12 appropriate corrective measures.
13 C. Projects that cause significant adverse environmental impacts, as defined in WAC
14 197-11-794 and the Definitions Section of this SMP, are not allowed unless mitigated
15 according to B, above, to avoid reduction or damage to ecosystem-wide processes and
16 ecological functions. As part of this analysis, the applicant shall evaluate whether the
17 project may adversely affect existing hydrologic connections between streams and
18 wetlands, and either modify the project or mitigate any impacts as needed.
19 D. When compensatory measures are appropriate pursuant to the mitigation priority
20 sequence above, preferential consideration shall be given to measures that replace the
21 adversely impacted functions directly and in the immediate vicinity of the adverse
22 impact. However, alternative compensatory mitigation may be authorized within the
23 affected drainage area or watershed that addresses limiting factors or identified
24 critical needs for shoreline resource conservation based on watershed or
25 comprehensive resource management plans, including the Shoreline Restoration Plan,
26 applicable to the area of adverse impact may be authorized. Authorization of
27 compensatory mitigation measures may require appropriate safeguards, terms or
28 conditions as necessary to ensure no net loss of ecological functions. 29
30 14.08.240 Shoreline Vegetation Conservation
31 A. Vegetation conservation standards shall not apply retroactively to existing uses and
32 developments. Vegetation associated with existing structures, uses and developments
33 may be maintained within shoreline jurisdiction as stipulated in the approval
34 documents for the development.
35 B. Regulations specifying establishment and management of shoreline buffers are
36 located in Article V. Critical Areas. Vegetation within shoreline buffers, and
37 wetlands and wetland buffers shall be managed consistent with Article V. Critical
39 C. Vegetation outside of riparian buffers, and wetlands and wetland buffers and within
40 shoreline jurisdiction shall be managed according to Section 14.08.230,
41 Environmental Protection, and any other regulations specific to vegetation
42 management contained in other chapters of this SMP.
1 D. Vegetation clearing outside of riparian and wetlands and associated buffers shall be
2 limited to the minimum necessary to accommodate approved shoreline development
3 that is consistent with all other provisions of this SMP. Mitigation sequencing shall be
4 applied so that the design and location of the structure or development minimizes
5 native vegetation removal. Selective pruning of trees for safety and view protection is
7 14.08.250 Water Quality, Stormwater, and Nonpoint Pollution
8 A. The location, design, construction, and management of all shoreline uses and
9 activities shall protect the quality and quantity of surface and groundwater adjacent to
10 the site.
11 B. When applicable, all shoreline development should comply with the applicable
12 requirements of the latest version of the Washington State Department of Ecology’s
13 (Ecology) Stormwater Management Manual for Eastern Washington. 14
15 C. Potentially harmful materials, including but not limited to oil, chemicals, tires, or
16 hazardous materials, shall not be allowed to enter any body of water or wetland, or to
17 be discharged onto the land. Potentially harmful materials shall be maintained in safe
18 and leak-proof containers.
19 D. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within twenty-
20 five (25) feet of a water body, except by a qualified professional in accordance with
21 state and federal laws.
22 E. New development shall provide stormwater management facilities designed,
23 constructed, and maintained in accordance with the latest version of the Washington
24 State Department of Ecology’s (Ecology) Stormwater Management Manual for
25 Eastern Washington, including the use of BMPs. Additionally, new development
26 shall implement low impact development techniques where feasible and necessary to
27 fully implement the core elements of the Surface Water Design Manual.
28 F. For development activities with the potential for adverse impacts on water quality or
29 quantity in a fish and wildlife habitat conservation area, a critical area report as
30 prescribed in Article V, Critical Areas, shall be prepared. Such reports should discuss
31 the project’s potential to exacerbate water quality parameters which are impaired and
32 for which Total Maximum Daily Loads (TMDLs) for that pollutant have been
33 established, and prescribe any necessary mitigation and monitoring.
34 G. All materials that may come in contact with water shall be constructed of materials,
35 such as untreated wood, concrete, approved plastic composites or steel, that will not
36 adversely affect water quality or aquatic plants or animals. Materials used for decking
37 or other structural components shall be approved by applicable state agencies for
38 contact with water to avoid discharge of pollutants from wave splash, rain, or runoff.
39 Wood treated with creosote, copper chromium arsenic, or pentachlorophenol is
40 prohibited in shoreline waterbodies.
1 14.08.260 Public Access
2 A. Applicants required to provide shoreline public access shall provide physical or visual
3 access, consistent with the City’s and other agencies management plans when
4 applicable, unless specifically exempted in this section. Examples of physical and
5 visual access are listed below.
6 1. Visual Access. Visual public access may consist of view corridors,
7 viewpoints, or other means of visual approach to public waters.
8 2. Physical Access. Physical public access may consist of a dedication of land or
9 easement and a physical improvement in the form of a walkway, trail,
10 bikeway, park, view platform, or other area serving as a means of physical
11 approach to public waters.
12 B. Existing shoreline public accesses shall be maintained. Except as provided in SMP
13 Section 14.08.260 (C)below, new uses shall provide for safe and convenient public
14 access to and along the shoreline where any of the following conditions are present:
15 1. New development is proposed by a public entity or on public lands;
16 2. The nature of the proposed use, activity, or development will likely result in
17 an increased demand for public access to the shoreline;
18 3. The proposed use, activity, or development is not a water-oriented or other
19 preferred shoreline use, activity or development under the Act, such as a non-
20 water-oriented commercial or recreational use;
21 4. The proposed use, activity, or development may block or discourage the use
22 of customary and established public access paths, walkways, trails, or
23 corridors; or
24 5. The proposed use, activity, or development will interfere with the public use,
25 activity and enjoyment of shoreline areas or waterbodies subject to the public
26 trust doctrine.
27 6. The proposed activity is a publicly financed shoreline erosion control measure
28 (when feasible).
29 C. New public access shall not be required where one or more of the following
30 conditions apply, provided such exceptions shall not be used to prevent implementing
31 the access and trail provisions mentioned in the City's and other agencies
32 management plans. In determining the infeasibility, undesirability, or incompatibility
33 of public access in a given situation, the City shall consider alternative methods of
34 providing public access, such as offsite improvements, viewing platforms, separation
35 of uses through site planning and design, and restricting hours of public access:
36 1. Proposed use, activity, or development only involves the construction of four
37 or fewer single-family or multifamily dwellings
38 2. The nature of the proposed use, activity, or development or the characteristics
39 of the site make public access requirements inappropriate due to health,
40 safety, or environmental hazards; the proponent shall carry the burden of
41 demonstrating by substantial evidence the existence of unavoidable or
1 unmitigable threats or hazards to public health, safety, or the environment that
2 would be created or exacerbated by public access upon the site;
3 3. An existing, new or expanded road or utility crossing through shoreline
4 jurisdiction shall not create the need for public access if the development
5 being accessed or served by the road or utility is located outside of shoreline
7 4. The proposed use, activity, or development has security requirements that are
8 not feasible to address through the application of alternative design features
9 for public access such as offsite improvements, viewing platforms, and
10 separation of uses through site planning and design;
11 5. The economic cost of providing for public access upon the site is
12 unreasonably disproportionate to the total long-term economic value of the
13 proposed use, activity, or development;
14 6. Safe and convenient public access already exists in the general vicinity of the
15 site, and/or the City and agencies' plans show adequate public access at the
16 property; or
17 7. Public access has reasonable potential to threaten or harm the natural
18 functions and native characteristics of the shoreline and/or is deemed
19 detrimental to threatened or endangered species under the Endangered Species
21 8. The site is within or part of an overall development, a binding site plan, or a
22 planned unit development which has previously provided public access
23 adequate to serve the project in full build-out through other application
25 D. General Performance Standards
26 1. Uses, activities and developments shall not interfere with the regular and
27 established public use.
28 2. Shoreline substantial development or conditional uses shall minimize the
29 impact on views of shoreline waterbodies from public land or substantial
30 numbers of residences.
31 3. Proponents shall include within their shoreline applications an evaluation of a
32 proposed use, activity, or development’s likely adverse impact on current
33 public access and future demands for access to the site. Such evaluation shall
34 consider potential alternatives and mitigation measures to further the policies
35 of this SMP and the provisions of this section.
36 4. Public access easements, trails, walkways, corridors, and other facilities may
37 encroach upon any buffers or setbacks required in Article V, Critical Areas, or
38 under other provisions of this SMP, provided that such encroachment does not
39 conflict with other policies and regulations of this SMP, and that no net loss of
40 ecological function can be achieved. Any encroachment into a buffer or
41 setback must be as close to the landward edge of the buffer as possible.
1 5. Public access facilities shall accommodate persons with disabilities unless
2 determined infeasible by the Shoreline Administrator.
3 E. Trails
4 1. Existing trails shall be maintained and enhanced.
5 2. Where public access is to be provided by dedication of public access
6 easements along the OHWM, the minimum width of such easements shall be
7 10 feet.
8 3. Pervious pavings are encouraged for all trails, and are required for trail
10 4. Trails shall be located, constructed, and maintained so as to avoid, to the
11 maximum extent possible, removal and other impacts to perennial native
12 vegetation consistent with the Habitat Management Plan.
13 5. Trails on private properties and not open to public use shall be up to 5 feet
14 wide or as required by the Americans with Disabilities Act (ADA)
16 F. Off-site public access may be permitted by the City where it results in an equal or
17 greater public benefit than on-site public access, or when on-site limitations of
18 security, environment, compatibility, or feasibility are present. Off-site public access
19 may include, but is not limited to, adequate access on public lands in proximity to the
20 site, opportunity to increase public lands and access with adjoining or proximate
21 public area, enhancing a City-designated public property (e.g. existing public
22 recreation site; existing public access; road, abutting a body of water; or similar) in
23 accordance with City standards, or other related measures.
24 G. Signage
25 1. Signage to be approved by the Shoreline Administrator shall be conspicuously
26 installed along public access easements, trails, walkways, corridors, and other
27 facilities to indicate the public’s right of use and the hours of operation. The
28 proponent shall bear the responsibility for establishing and maintaining such
30 2. The Administrator may require the proponent to post signage restricting or
31 controlling the public’s access to specific shoreline areas. The proponent shall
32 bear the responsibility for establishing and maintaining such signage. 33
1 Article IV. Shoreline Modifications and Uses Regulations
2 14.08.300 Boating Facilities
3 A. General Requirements.
4 1. All boating uses, development, and facilities shall protect the rights of
6 2. Boating and moorage facilities shall be sited and designed to ensure no net
7 loss of shoreline ecological functions, and shall meet federal, state and local
8 requirements, as applicable.
9 3. Boating and moorage facilities shall locate on stable shorelines in areas
11 a. Water depths are adequate to minimize spoil disposal, filling, beach
12 enhancement, and other channel maintenance activities; and
13 b. Water depths are adequate to prevent the structure from grounding out
14 at the lowest low water or else stoppers are installed to prevent
15 grounding out.
16 4. Boating and moorage facilities shall not be located where wave action caused
17 by boating use would increase bank erosion rates, unless “no wake” zones are
18 implemented at the facility.
19 5. Boating uses and facilities shall be located far enough from public swimming
20 beaches to alleviate any aesthetic or other adverse impacts, safety concerns
21 and potential use conflicts.
22 6. In-water work shall be scheduled to protect biological productivity.
23 7. Accessory use facilities shall be:
24 a. Limited to water-oriented uses, including uses that provide physical or
25 visual shoreline access for substantial numbers of the general public;
27 b. Located as far landward as possible while still serving their intended
29 8. Boating facilities shall locate where access roads are adequate to handle the
30 traffic generated by the facility and shall be designed so that lawfully existing
31 or planned public shoreline access is not unnecessarily blocked, obstructed
32 nor made dangerous.
33 9. When appropriate, boat launch facilities shall install public safety signs, to
34 include the locations of fueling facilities, pump-out facilities, and locations for
35 proper waste disposal.
36 10. Boating and moorage facilities shall be constructed of materials that will not
37 adversely affect water quality or aquatic plants and animals over the long
38 term. Materials used for submerged portions, decking and other components
39 that may come in contact with water shall be approved by applicable state
1 agencies for use in water to avoid discharge of pollutants from wave splash,
2 rain or runoff. Wood treated with creosote, copper chromium, arsenic,
3 pentachlorophenol or other similarly toxic materials is prohibited for use in
4 moorage facilities.
5 11. Boating and moorage facilities shall be constructed of untreated materials,
6 such as untreated wood, approved plastic composites, concrete, or steel. (See
7 Section 14.08.250, Water Quality)
8 B. Boat Launch Facilities.
Private boat launch facilities are not allowed.
Public boat launch facilities may be allowed in areas consistent with City planning documents.
Boat launch and haul-out facilities, such as ramps, marine travel lifts and marine railways, and minor accessory buildings shall be designed and constructed in a manner that minimizes adverse impacts on biological functions, aquatic and riparian habitats, water quality, navigation and neighboring uses.
Boat launch facilities shall be designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available.
21 A. Water-dependent commercial development shall be given priority over non-water-
22 dependent commercial uses within shoreline environments. Secondarily, water-
23 related and water-oriented uses shall be given priority over non-water-oriented
24 commercial uses.
25 B. Non-water-oriented commercial uses shall be allowed if they can demonstrate at least
26 one or more of the following:
27 1. The commercial use is part of a mixed-use project that includes water-
28 dependent uses and provides a significant public benefit with respect to the
29 objectives of the Act.
30 2. Navigability is severely limited at the proposed site, including opportunities
31 for kayaking or other water-oriented uses.
32 3. The commercial use is physically separated from the shoreline by another
33 property, public right-of-way or levee.
34 4. The commercial use is farther upland than 200 feet from the OHWM;
35 therefore, a water-oriented use is not a viable option.
36 C. Non-water-oriented uses may be located with water-oriented commercial uses
38 1. The mixed-use project includes one or more water-dependent uses.
39 2. Water-dependent commercial uses as well as other water-oriented commercial
40 uses have preferential locations along the shoreline.
1 3. The underlying zoning district permits proposed uses together with
2 commercial uses.
3 4. Public access is provided and/or ecological restoration is provided as a public
5 D. Review Criteria: The City shall utilize the following information in its review of all
6 commercial development applications:
Whether there is a water-oriented aspect of the proposed commercial use or activity when it is located within 200 feet of the OHWM.
Whether the proposed commercial use is consistent with the Shoreline Use and Modification Matrix of per Section 14.08.200 (I).
Whether the application has the ability to enhance compatibility with the shoreline environment and adjacent uses.
Whether adequate provisions are made for public and private visual and physical shoreline access.
Whether the application makes adequate provisions to prevent adverse environmental impacts and provide for shoreline ecological or critical area mitigation, where appropriate.
Commercial development shall be designed and maintained in a manner compatible with the character and features of surrounding areas. The City may prescribe and modify project dimensions, screening standards, setbacks, or operation intensities to achieve this purpose.
Eating and drinking facilities and lodging facilities shall be oriented to provide views to the waterfront when such view is available from the site.
Commercial uses shall provide for public access as a condition of approval, unless such public access is demonstrated by the proponent to be infeasible or inappropriate for the shoreline pursuant to Section 14.08.260, Public Access.
Commercial uses shall provide for suitable measures to rehabilitate and enhance the shoreline ecology as a condition of approval.
Non-water-oriented commercial uses shall not be allowed over water in any shoreline environment.
All commercial loading and service areas shall be located upland or away from the shoreline. Provisions shall be made to screen such areas with walls, fences and landscaping and to minimize aesthetic impacts.
Development shall be located, designed, and constructed in a manner that ensures no net loss of shoreline ecological functions and without significant adverse impacts on other preferred land uses and public access features.
38 A. Location Standards: Docks, swim floats, buoys shall be located according to the
39 following criteria:
1 1. Docks, swim floats, and buoys, shall be sited to avoid adversely impacting
2 shoreline ecological functions or processes and allowed only for water-
3 dependent uses or public access.
4 2. Docks, swim floats, and buoys shall be spaced and oriented in a manner that
5 minimizes hazards and obstructions to public navigation rights and corollary
6 rights thereto such as, but not limited to, fishing, swimming and pleasure
7 boating. The length of piers and docks shall be limited in constricted water
8 bodies to ensure navigability and public use. The County may require
9 reconfiguration of piers and docks proposals where necessary to protect
10 navigation, public use, or ecological functions.
11 3. Covered docks or other covered structures are not permitted waterward of the
13 B. General Design Standards: Docks, swim floats, and buoys shall be designed
14 according to the following criteria:
15 1. If moorage is to be provided or planned as part of a new residential
16 development of two or more waterfront dwelling units or lots or as part of a
17 subdivision or other divisions of land occurring after [the effective date of this
18 SMP] that results in less than five residential units, joint-use dock facilities
19 shall be required (Section 14.08.300, Boating Facilities), when feasible, rather
20 than allow individual docks for each residence. See SMP Section 14.08.300,
21 Boating Facilities, for regulations addressing community docks serving more
22 than four residential dwelling units. The following conditions apply:
23 a. New residential developments, including division of land, shall contain
24 a restriction on the face of the plat prohibiting individual docks and
25 identifying locations for joint-use or community dock facilities.
26 However, a single-use dock may be authorized if the applicant can
27 demonstrate that all other reasonable community or joint-use options
28 have been investigated and found infeasible.
29 b. A site for shared moorage at a joint-use dock should be owned in
30 undivided interest by property owners or managed by a homeowner’s
31 association as a common easement within the residential development.
32 2. If moorage joint-use dock is provided, the applicant shall file at the time of
33 building permit submittal for the dock a legally enforceable joint use
34 agreement or other legal instrument that, at a minimum, addresses the
36 a. Provisions for maintenance and operation;
37 b. Easements or tracts for joint-use access; and
38 c. Provisions for joint use for all benefiting parties.
39 3. All over- and in-water structures shall be constructed and maintained in a safe
40 and sound condition. Abandoned or unsafe structures or materials, including
41 treated wood, pilings, derelict structures, vessels, buoys, and equipment, shall
1 be repaired promptly by the owner or removed after obtaining any necessary
3 4. Lighting is discouraged unless required by a federal or state agency for
4 navigation or safety and security purposes. In instances where lighting is
5 required for these purposes, illumination levels shall be the minimum
6 necessary for safety.
7 5. Temporary moorages shall be allowed for vessels used in the construction of
8 shoreline facilities. The design and construction of temporary moorages shall
9 be such that upon termination of the project, the aquatic habitat in the affected
10 area can be returned to its original (pre-construction) condition within one
11 year at no cost to the environment or the public.
12 6. No skirting is allowed on any structure.
13 7. If a dock is provided with a safety railing, such railing shall meet International
14 Building Code requirements and shall be an open framework, following
15 appropriate safety standards, that does not unreasonably interfere with
16 shoreline views of adjoining properties.
17 8. Moorage facilities shall be marked with reflectors, or otherwise identified to
18 prevent unnecessarily hazardous conditions for water surface users during the
19 day or night. Exterior finish of all structures shall be generally non-reflective.
20 9. Private moorage for float planes may be permitted accessory to existing or
21 concurrently proposed moorage where construction and operation would not
22 adversely affect shoreline functions or processes, including wildlife use, or
23 interfere with navigation.
24 C. Dock Dimensional Standards:
25 1. The following dimensional standards shall apply to all new docks serving four
26 or fewer residential dwellings. Deviations from the dimensional standards
27 must be approved through a Shoreline Variance.
28 a. Width:
29 i. Piers and floats shall not exceed 8 feet in width. Ramps shall
30 not exceed 4 feet in width.
31 ii. Dock finger extensions shall not exceed 2 feet in width.
32 b. Length:
33 i. The length of the dock shall not exceed the length necessary in
34 order for the end of the dock to reach a minimum water depth
35 of four (4) feet measured at ordinary high water.
36 c. Area:
37 i. The area of new docks shall be limited by the maximum width
38 and length allowed in a) and b) above. Only one float is
39 allowed per single-use dock. A maximum of two floats is
40 allowed for joint-use docks.
1 ii. 320 square feet for single use docks, excluding the ramp and all
2 associated appurtenances.
3 iii. 450 square feet for joint use docks, excluding the ramp and all
4 associated appurtenances.
5 d. Height: The bottom of any piers or the landward edge of any ramp
6 must be at least 1 foot above the OHWM. The freeboard height on all
7 floats must be at least 10 inches.
8 D. Dock Support Piles:
9 1. Piling shall be structurally sound and cured prior to placement in the water.
10 2. Pilings shall not be treated with pentachlorophenol, creosote, copper
11 naphthalene, chromate copper arsenate, or comparably toxic compounds.
12 3. Pilings shall not extend beyond the end of the dock.
13 4. Pilings shall not exceed 4 inches in diameter. If a piling is encased in a
14 sleeve, the piling plus sleeve diameter shall not exceed 5 inches. Piles up to 8
15 inches in diameter may be approved by the Shoreline Administrator without a
16 Shoreline Variance if the designing engineer documents need for larger piles
17 for safety or structural reasons.
18 5. Pilings or piling sleeves shall be white in color.
19 E. Decking Materials:
20 1. Use of materials specified for marine use is required.
21 2. Flotation materials shall be permanently encapsulated.
22 F. Replacement of Existing Docks1: Proposals involving replacement of the entire
23 existing private dock or 75 percent or more of the dock support piles are considered a
24 new moorage facility and must meet the dimensional, materials and mitigation based
25 on mitigation sequencing in Section 14.08.230 (Environmental Protection)for new
26 private docks as described in Subsection 14.08.320 (B), except the Shoreline
27 Administrator may approve an alternative design if it meets all of the following
29 1. As applicable, Federal agencies have already approved the proposal;
30 2. The total square footage of the replacement structure is no larger than the
31 existing dock;
32 3. The maximum width for the portion of the dock located within 30 feet of the
33 OHWM shall not be greater than the width allowed for new docks under
34 14.08.320 (C) above;
35 4. Replacement piles shall meet the spacing and material specifications under 36 14.08.320 (D) above; and
1 Nonconforming private moorage facilities are governed by regulations found in Section 14.08.730, Nonconforming Structures.
1 5. Decking and deck materials shall meet the specifications under 14.08.320 (E)
3 G. Additions to Private Dock: Proposals involving the modification and/or enlargement
4 of existing private docks must comply with the following measures:
5 1. The applicant must demonstrate to the satisfaction of the responsible local
6 government that there is a need for the enlargement of an existing dock.
7 Proposals that demonstrate an enlargement is necessary due to safety concerns
8 or inadequate depth of water will be considered.
9 2. Enlarged portions of docks must comply with the dimensional, design,
10 materials and mitigation standards for new private docks as described in
11 Section 14.08.320. Dock additions that result in the completed structure
12 exceeding the area limits for reasons not specifically allowed above may only
13 be approved through a Shoreline Variance.
14 H. Repair of Existing Private Dock:
Repair proposals which replace 75 percent or greater of the existing dock- support piles are considered replacement docks and must comply with requirements for Replacement Docks.
All proposed replacement piles shall be the minimum size allowed by site- specific engineering or design considerations.
Pentachlorophenol, creosote, chromated copper arsenate or comparably toxic compounds shall not be utilized to repair piles or as treatments for replacement piles.
Repair proposals which replace 50 percent or more of the decking must use grating as specified above.
Other repairs to existing legally established moorage facilities where the nature of the repair is not described in the above subsections shall be considered minor repairs and are permitted, consistent with all other applicable codes and regulations. If the cumulative repair proposed over a three-year period exceeds thresholds established for reconstructed or repaired piers listed above in SMP Subsection (H), the current repair proposal shall be reviewed under those replacement provisions.
33 A. Dredging.
34 1. Dredging and dredge disposal shall be prohibited.
35 14.08.340 Fill and Excavation
36 A. Fill waterward of the OHWM, except fill to support ecological restoration and
37 enhancement, requires a Conditional Use Permit and may be permitted only when:
38 1. In conjunction with water-dependent or public access uses allowed by this
1 2. In conjunction with a bridge or transportation facility of statewide significance
2 for which there is a demonstrated public need and where no feasible upland
3 sites, design solutions, or routes exist;
4 3. In conjunction with implementation of an interagency environmental clean-up
5 plan to clean up and dispose of contaminated sediments;
6 4. Disposal of dredged material considered suitable under, and conducted in
7 accordance with, the Dredged Material Management Program of the
8 Washington Department of Natural Resources; or
9 5. In conjunction with any other environmental restoration or enhancement
11 6. Necessary to construct an approved in-water structure as provided in Section
12 14.08.350 (Groins and Weirs)
13 B. Waterward of the OHWM, pile or pier supports shall be utilized whenever feasible in
14 reference to fills. Fills for approved road development in wetlands shall be permitted
15 only if pile or pier supports are proven not feasible.
16 C. Fill upland and waterward of the OHWM, including in non-watered side channels,
17 shall be permitted only where it is demonstrated that the proposed action will not:
18 1. Result in significant ecological damage to water quality, fish, and/or wildlife
20 2. Significantly reduce public access to the shoreline or significantly interfere
21 with shoreline recreational uses.
22 D. Fill shall be of the minimum amount and extent necessary to accomplish the purpose
23 of the fill.
24 E. Excavation waterward of the OHWM or within wetlands shall be considered dredging
25 for purposes of this Program.
26 F. Fills or excavation shall not be located where shore stabilization will be necessary to
27 protect materials placed or removed. Disturbed areas shall be immediately stabilized
28 and revegetated, as applicable.
29 G. Fills, beach nourishment and excavation shall be designed to blend physically and
30 visually with existing topography whenever possible, so as not to interfere with long
31 term appropriate use including lawful access and enjoyment of scenery.
32 14.08.350 Groins and Weirs
33 A. Breakwaters shall be prohibited.
34 B. New, expanded or replacement groins and weirs shall only be permitted if the
35 applicant demonstrates that the proposed groin or weir will not result in a net loss of
36 shoreline ecological functions, and the structure is necessary for water-dependent
37 uses, public access, shoreline stabilization, or other specific public purposes.
38 C. Groins and weirs shall require a Conditional Use Permit, except when such structures
39 are installed to protect or restore ecological functions, such as installation of groins
40 that may eliminate or minimize the need for hard shoreline stabilization.
1 D. Groins and weirs shall be located, designed, constructed and operated consistent with
2 mitigation sequencing principles, including avoiding critical areas, as provided in
3 Sections 14.08.230 and Article V of this Chapter. 4 14.08.360 Mining
5 A. Mining shall be prohibited.
6 14.08.370 Recreational Development
7 A. General Preferences
8 1. Recreational uses and facilities shall include features that relate to access,
9 enjoyment, and use of the City of Soap Lake's shorelines.
10 2. Both passive and active shoreline recreation uses are allowed consistent with
11 the City's Comprehensive Plan.
12 3. Water-oriented recreational uses and activities are preferred in shoreline
13 jurisdiction. Water-dependent recreational uses shall be preferred as a first
14 priority and water-related and water-enjoyment recreational uses as a second
16 4. Existing passive recreational opportunities, including nature appreciation,
17 non-motorized trails, environmental interpretation and native habitat
18 protection, shall be maintained.
19 5. Preference shall be given to the development and enhancement of public
20 access to the shoreline to increase fishing, kayaking and other water-related
21 recreational opportunities.
22 B. General Performance Standards
23 1. The potential adverse impacts of all recreational uses shall be mitigated and
24 adequate provisions for shoreline rehabilitation shall be made part of any
25 proposed recreational use or development to ensure no net loss of shoreline
26 ecological function.
27 2. Sites with fragile and unique shoreline conditions, such as high-quality
28 wetlands and wildlife habitats, shall be used only for non-intensive recreation
29 activities, such as trails, viewpoints, interpretive signage, and similar passive
30 and low-impact facilities that result in no net loss of shoreline ecological
31 function, and do not require the construction and placement of permanent
33 3. For proposed recreation developments that require the use of fertilizers,
34 pesticides, or other toxic chemicals, the proponent shall specify the BMPs to
35 be used to prevent these applications and resultant leachate from entering
36 adjacent waters.
37 4. Recreational developments shall be located and designed to preserve, enhance
38 or create scenic views and vistas.
39 5. In approving shoreline recreational developments, the City shall ensure that
40 the development will maintain, enhance, or restore desirable shoreline features
1 including unique and fragile areas, scenic views, and aesthetic values. The
2 City may, therefore, adjust or prescribe project dimensions, on-site location of
3 project components, intensity of use, screening, lighting, parking, and setback
5 6. Signs indicating the public's right to access shoreline areas shall be installed
6 and maintained in conspicuous locations at all points of access.
7 7. Recreational developments shall provide facilities for non-motorized access to
8 the shoreline such as pedestrian and bicycle paths, and equestrian, as
9 applicable. New motorized vehicle access shall be located and managed to
10 protect riparian, wetlands and shrub steppe habitat functions and value.
11 8. Proposals for recreational developments shall include a landscape plan
12 indicating how native, self-sustaining vegetation is incorporated into the
13 proposal to maintain ecological functions. The removal of on-site native
14 vegetation shall be limited to the minimum necessary for the development of
15 permitted structures or facilities, and shall be consistent with provisions of
16 Section 14.08.240, Shoreline Vegetation Conservation and Article V, Critical
18 9. Accessory uses and support facilities such as maintenance facilities, utilities,
19 and other non-water-oriented uses shall be consolidated and located in upland
20 areas outside shoreline, wetland, and riparian buffers unless such facilities,
21 utilities, and uses are allowed in shoreline buffers based on the regulations of
22 this SMP.
23 10. Recreational facilities shall make adequate provisions, such as screening,
24 landscaping buffer strips, fences and signs, to prevent trespass upon adjacent
25 properties and to protect the value and enjoyment of adjacent or nearby
26 private properties and natural areas, as applicable.
27 11. Recreational structures are only allowed to be built over water when they
28 provide public access or facilitate a water-dependent use and shall be the
29 minimum size necessary to accommodate the permitted activity.
30 12. Recreational developments shall make adequate provisions for:
31 a. Both on-site and off-site access
32 b. Appropriate water supply and waste disposal methods, and
33 c. Security and fire protection.
34 13. Structures associated with recreational development shall not exceed 35 feet
35 in height, except for as noted in Section 14.08.210, Development Standards
36 when such structures document that the height beyond 35 feet will not
37 obstruct the view of a substantial number of adjoining residences.
38 14. Recreational development shall minimize effective impervious surfaces in
39 shoreline jurisdiction and incorporate low-impact development techniques.
1 14.08.380 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
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 ensured through application of shoreline buffers specified in Article V of this Chapter
8 to avoid future stabilization and other provisions of this SMP related to shoreline
9 stabilization, vegetation management, and on-site sewage disposal.
10 C. Lots for residential use shall have a maximum density consistent with the City's
11 Comprehensive Plan.
12 D. Accessory uses and structures shall be located outside of the riparian buffer, unless
13 the structure is or supports a water-dependent use. Storage structures to support
14 water-related uses are not water-dependent uses and therefore, shall be located
15 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 be sufficiently set back from
21 steep slopes and shorelines vulnerable to erosion so that structural improvements,
22 including bluff walls and other that shoreline stabilization and flood control structures
23 are not necessary to protect proposed residences and associated uses.
24 G. New floating residences and over-water residential structures shall be prohibited in
25 shoreline jurisdiction.
26 H. New residential development shall connect with sewer systems, when available.
27 I. All new residential development shall be required to meet the vegetation management
28 provisions contained in Section 14.08.240, Shoreline Vegetation Conservation and
29 Section 14.08.570, Fish and Wildlife Habitat Conservation Areas.
30 14.08.390 Shoreline Habitat and Natural Systems Enhancement Projects
31 A. Shoreline restoration and enhancement activities designed to restore or enhance
32 shoreline ecological functions and processes and/or shoreline features should be
33 targeted toward meeting the needs of sensitive and/or regionally important plant, fish,
34 and wildlife species, and shall be given priority.
35 B. Shoreline restoration, enhancement, and mitigation activities designed to create
36 dynamic and sustainable ecosystems to assist the City in achieving no net loss of
37 shoreline ecological functions are preferred.
38 C. Restoration and enhancement activities shall be carried out in accordance with an
39 approved shoreline restoration plan, and in accordance with the provisions of this
1 D. To the extent possible, restoration, enhancement, and mitigation activities shall be
2 integrated and coordinated with other parallel natural resource management efforts,
3 such as those identified in the shoreline restoration plan.
4 E. Habitat and expansion, restoration, and enhancement projects may be permitted
5 subject to required state or federal permits when the applicant has demonstrated that:
6 1. The project will not adversely impact spawning, nesting, or breeding in and
7 wildlife habitat conservation areas;
8 2. Fish and wildlife habitat conservation areas will not be adversely affected;
9 3. Water quality will not be degraded; and
10 4. Impacts to critical areas and buffers will be avoided and where unavoidable,
11 minimized and mitigated
12 F. The City shall review the projects for consistency with this SMP in an expeditious
13 manner and shall issue its decision along with any conditions within forty-five (45)
14 days of receiving all materials necessary to review the request for exemption from the
15 applicant (see Section 14.08.870, Exemptions from Shoreline Substantial
16 Development Permits).
17 14.08.400 Shoreline Stabilization
18 A. Shoreline restoration and enhancement activities designed to restore shoreline
19 ecological functions and processes and/or shoreline features should be targeted
20 toward meeting the needs of sensitive and/or regionally important plant, fish, and
21 wildlife species, and shall be given priority.
22 B. New shoreline stabilization for new development is prohibited unless it can be
23 demonstrated that reasonable use of a lot or parcel legally created prior to (date of
24 SMP update adoption) is precluded without shore protection or is necessary to restore
25 ecological functions or hazardous substance remediation.
26 C. Proposed designs for new or expanded shoreline stabilization shall be designed in
27 accordance with applicable state guidelines, must use the most current, accurate, and
28 complete scientific and technical information available, must document that
29 alternative solutions are not feasible or do not provide sufficient protection; must
30 demonstrate that future stabilization measures would not be required on the project
31 site or adjacent properties; and be certified by a qualified professional.
32 D. Land subdivisions and lot line adjustments shall be designed to ensure that future
33 development of the newly created lots will not require structural stabilization for
34 subsequent development to occur.
35 E. New or expanded structural shoreline stabilization is prohibited except when
36 necessity is demonstrated consistent with the requirements of WAC 173-26-
37 231(3)(a)(iii). Necessity is demonstrated through conclusive evidence documented
38 by a geotechnical analysis that there is a significant possibility that the structure will
39 be damaged within three (3) years as a result of shoreline erosion caused by
40 wind/wave action or other hydraulic forces, and only when significant adverse
1 impacts are mitigated to ensure no net loss of shoreline ecological functions and/or
3 F. Replacement of an existing shoreline stabilization structure with a similar structure is
4 permitted if there is a demonstrated need to protect existing primary uses, structures
5 or public facilities including roads, bridges, railways, irrigation and utility systems
6 from erosion caused by wave action; provided, that the existing shoreline stabilization
7 structure is removed from the shoreline as part of the replacement activity.
8 Replacement walls or bulkheads shall not encroach waterward of the ordinary high
9 water mark or existing structure unless the facility was occupied prior to January 1,
10 1992, and there are overriding safety or environmental concerns. Proposed designs
11 for new or expanded shore stabilization shall be in accordance with applicable state
12 guidelines and certified by a qualified professional.
13 G. Where a geotechnical analysis confirms a need to prevent potential damage to a
14 primary structure, but the need is not as immediate as three (3) years, the analysis
15 may still be used to justify more immediate authorization for shoreline stabilization
16 using bioengineering approaches.
17 H. Shoreline stabilization projects that are part of a fish habitat enhancement project
18 meeting the criteria of RCW 77.55.181 will be authorized through a Shoreline
19 Exemption. Stabilization projects that are not part of such a fish enhancement project
20 will be regulated by this SMP.
21 I. Small-scale or uncomplicated shoreline stabilization projects (for example, tree
22 planting projects) shall be reviewed by a qualified professional to ensure that the
23 project has been designed using best available science.
24 J. Large-scale or more complex shoreline stabilization projects (for example, projects
25 requiring fill or excavation, placing objects in the water, or hardening the bank) shall
26 be designed by a qualified professional using best available science. The applicant
27 may be required to have a qualified professional oversee construction or construct the
29 K. New stabilization structures, when found to be necessary, will implement the
30 following standards:
31 1. Limit the size of the project to the minimum amount necessary;
32 2. Include measures to ensure no net loss of shoreline ecological functions;
33 3. Use biotechnical bank stabilization techniques unless those are demonstrated
34 to be infeasible or ineffective before implementing “hard” structural
35 stabilization measures.
36 14.08.410 Transportation: Trails, Roads, and Parking
37 A. New or expanded motor vehicle transportation facilities shall not be located within
38 shoreline jurisdiction, unless:
39 1. The proponent demonstrates that no feasible upland alternatives exist;
40 2. The project represents the minimum development necessary to serve another
41 specific, localized, and permitted shoreline use; or
1 3. In the case of a water crossing, the proponent demonstrates that the project is
2 necessary to further a substantial public interest.
3 B. When new roads or road expansions are unavoidable in shoreline jurisdiction,
4 proposed transportation facilities shall be planned, located, and designed to achieve
5 the following:
6 1. Meet mitigation sequencing provisions of Section 14.08.230, Environmental
8 2. Avoid adverse impacts on existing or planned water-oriented uses;
9 3. Set back from the OHWM to allow for a usable shoreline area for vegetation
10 conservation and any preferred shoreline uses unless infeasible;
11 4. Minimize grading, vegetation clearing, and alterations of the natural
12 topography; and
13 5. Use BMPs for preventing erosion and degradation of surface water quality.
14 C. Improvements to existing motor vehicle facilities shall not interfere with pedestrian
15 and bicycle access, and shall whenever possible, provide for expansion and
16 enhancement of pedestrian and bicycle transportation facilities.
17 D. The development, improvement, and expansion of pedestrian and bicycle
18 transportation facilities are allowed within all environments. Such transportation
19 facilities are a preferred use wherever they are compatible with the natural character,
20 resources, and ecology of the shoreline.
21 E. Pedestrian and bicycle transportation facilities shall be designed, located, and
22 constructed consistent with the policies and regulations for public access as provided
23 in Section 14.08.260, Public Access of this SMP.
24 F. Parking facilities are not a water-dependent use and shall only be permitted in the
25 shoreline jurisdiction when located 50 feet upland of the edge of riparian vegetation
26 corridor and to support an authorized use where it can be demonstrated to the
27 satisfaction of the Shoreline Administrator that there are no feasible alternative
28 locations away from the shoreline. Parking as a primary use shall not be allowed in
29 any shoreline jurisdiction. Accessory parking facilities shall be subject to the same
30 permit type as the primary use.
31 G. Transportation and parking facilities shall be planned to avoid or minimize adverse
32 effects on unique or fragile shoreline features and shall not result in a net loss of
33 shoreline ecological functions or adversely affect existing or planned water-
34 dependent uses. Parking facilities shall be located upland of the principal structure,
35 building, or development they serve, and preferably outside of shoreline jurisdiction,
37 1. Where the proponent demonstrates that an alternate location would reduce
38 adverse impacts on the shoreline and adjacent uses;
39 2. Where another location is not feasible; and/or
1 3. Except when Americans with Disability Act (ADA) standards require
3 In such cases, the applicant shall demonstrate use of measures to reduce adverse
4 impacts of parking facilities in shoreline jurisdiction, such as low impact development
5 techniques, buffering, or other measures approved by the Shoreline Administrator
6 H. Parking facilities shall be landscaped in a manner to minimize adverse visual and
7 aesthetic impacts on adjacent shoreline and abutting properties.
8 I. All forms of transportation facilities shall, wherever feasible, consolidate water
9 crossings and make joint use of rights-of-way with existing or planned future primary
10 utility facilities and other transportation facility modalities.
11 J. Improvements to all existing transportation facilities shall provide for the
12 reestablishment and enhancement of natural vegetation along the shoreline when
14 14.08.420 Utilities
15 A. Expansion of existing primary utility facilities within shoreline jurisdiction must
17 1. The expansion is designed to protect adjacent shorelands from erosion,
18 pollution, or other environmentally detrimental factors during and after
20 2. The project is planned to fit existing natural topography as much as practical
21 and avoid alteration of the existing natural environment.
22 3. Debris, overburden, and other construction waste materials shall be disposed
23 of so as to prevent erosion or pollution of a waterbody.
24 B. New primary utility facilities and expansions shall include provisions to control the
25 quantity and quality of surface water runoff to natural waterbodies, using BMPs to
26 retain natural flow rates. A maintenance program to ensure continued proper
27 functioning of such new facilities shall be required.
28 C. Applications for installation of utility facilities shall include the following (at a
30 1. Reason why the utility facility must be in shoreline jurisdiction;
31 2. Alternative locations considered and reasons for their elimination;
32 3. Location of the same, similar, or other utility facilities in the vicinity of the
33 proposed project;
34 4. Proposed method(s) of construction;
35 5. Plans for reclamation of areas to be disturbed during construction;
36 6. Landscape plans;
37 7. Methods to achieve no net loss of ecological function and minimize clearing
38 of native vegetation; and
1 8. Consistency with City comprehensive plans for utilities, where such plans
3 D. Where feasible, utilities shall be consolidated within a single easement and utilize
4 existing rights-of-way. Any utility located within property owned by the utility
5 which must of necessity cross shoreline jurisdiction shall be designed and operated to
6 reserve the option of general public recreational usage of the right-of-way in the
7 future. This option shall be exercised by the public only where:
8 1. The public will not be exposed to dangers from the utility equipment; and
9 2. The utility itself will not be subjected to unusual risks of damage by the
11 E. In areas where utilities must cross shoreline jurisdiction, they shall do so by the most
12 direct route feasible, unless such a route would negatively affect an environmentally
13 critical area, or obstruct public access to the shoreline. See Section 14.08.570, Fish
14 and Wildlife Habitat Conservation Areas for regulations governing crossings of non-
15 shoreline streams located in shoreline jurisdiction.
16 F. Utility facilities shall be designed and located in a manner that protects scenic views
17 and minimizes adverse aesthetic impacts.
18 G. New utilities which must be constructed across shoreline jurisdiction in previously
19 undisturbed areas must submit a mitigation plan demonstrating the restoration of the
20 shoreline to at least its existing condition. Upon completion of utility installation or
21 maintenance, any disturbed areas shall be regraded to be compatible with the natural
22 terrain of the area and revegetated with appropriate native plants to prevent erosion.
23 H. All underwater pipelines or those paralleling the waterway transporting liquids
24 potentially injurious to aquatic life or water quality shall be prohibited, unless no
25 other alternative exists to serve a public interest. In those limited instances where
26 permitted, shut-off valves shall be provided at both sides of the waterbody except for
27 public sanitary sewers of a gravity or siphon nature. In all cases, no net loss of
28 ecological functions shall be maintained.
29 I. Where utilities cannot cross a shoreline waterbody via a bridge or other existing water
30 crossing, the utilities shall evaluate site-specific habitat conditions and demonstrate
31 whether impacts can mitigated to negatively impact substrate, or whether utilities will
32 need to be bored beneath the waterbody such that the substrate is not disturbed.
33 Construction of pipelines placed under aquatic areas shall be placed in a sleeve to
34 avoid the need for excavation in the event of a failure in the future.
35 J. Minor trenching to allow the installation of necessary underground pipes or cables is
36 allowed if no alternative, including boring, is feasible, and if:
37 1. Impacts on fish and wildlife habitat are avoided to the maximum extent
39 2. The utility installation shall not increase or decrease the natural rate, extent, or
40 opportunity of channel migration.
1 3. Appropriate BMPs are employed to prevent water quality impacts or other
2 environmental degradation.
3 K. Utility installation and maintenance operations shall be conducted in a manner that
4 does not negatively affect surface water quality or quantity. Applications for new
5 utility projects in shoreline jurisdiction shall include a list of BMPs to protect water
1 Article V. Critical Areas
2 14.08.500 Authority, Chapter and Procedures
3 A. The City of Soap Lake shall regulate in the shoreline jurisdiction all uses, activities,
4 and development within, adjacent to, or likely to affect one or more critical areas,
5 consistent with the provisions of Article V – Critical Areas.
6 14.08.510 Purpose – Goals – Policies
7 A. Purpose. It is the purpose of this chapter to promote the public health, safety, and
8 general welfare in areas associated with specific resource lands and critical areas. It is
9 further intended to promote the enhancement and preservation of critical areas by
10 avoiding or minimizing adverse impacts from construction and development. In
11 addition to compliance with the Shoreline Management Act (RCW 90.58), this
12 chapter shall also comply with the state of Washington Growth Management Act
13 through the classification and designation of critical areas and the development and
14 implementation of regulations to protect critical areas in the public’s interest and
16 B. Goals. Preserve and protect the functions and values of the area’s natural features and
17 maintain a harmonious relationship between the man-made community and the
18 natural environment.
19 C. Policies.
Designate critical areas.
Coordinate conservation strategies and efforts with appropriate state, federal, and private agencies to take advantage of technical and financial assistance while avoiding duplication of efforts.
Regulate development within critical areas and/or buffers to ensure public safety, reduce financial impacts, and protect critical areas to ensure no net loss of ecological function.
Allow for open space and recreational use of critical areas where such use does not negatively impact the critical areas.
30 A. Applicability. The provisions of this chapter apply only to lands designated as critical
31 areas located within the shoreline jurisdiction within Soap Lake corporate limits and
32 urban growth area.
33 1. Properties containing critical areas are subject to this chapter.
34 2. When the requirements of this chapter are more stringent than those of other
35 Soap Lake codes and regulations, the requirements of this chapter shall apply.
36 3. Where a site contains two or more critical areas, the site shall meet the
37 minimum standards and requirements for each identified critical area as set
38 forth in this chapter.
1 4. The City shall not approve any land use, building or site improvement permit
2 or otherwise issue any authorization to alter the condition of any land or
3 vegetation, or to construct or alter any structure or improvement in, over, or
4 on a critical area or associated buffer, if the proposed activity does not comply
5 with the requirements of this chapter.
6 B. Critical Areas. Critical areas potentially located within the City include:
7 1. Critical aquifer recharge areas;
8 2. Fish and wildlife habitat conservation areas;
9 3. Frequently flooded areas
10 4. Geologically hazardous areas;
11 5. Wetlands.
12 C. Buffers. Critical areas include the protective buffer areas to lands identified as critical
14 D. Reference Maps and Inventories. The distribution of critical areas within the City are
15 described and displayed in reference materials. These reference materials are intended
16 for general information only and do not depict site-specific designations. These
17 reference materials include but are not limited to the following:
Any maps created through a critical areas review process;
WDFW priority habitats and species maps, as amended;
USGS topographic quadrangle maps;
Flood insurance rate maps (FEMA), as amended;
Flood boundary and floodway maps (FEMA), as amended;
USFWS national wetland inventory maps, as amended;
Maps prepared to support the SMP Inventory & Characterization
Columbia Basin groundwater management area maps, as amended;
Columbia Basin irrigation project topography and retracement maps