23.60A.020

A. Shoreline substantial development permit required 1. A shoreline substantial development permit is required prior to undertaking any development unless the Director determines the development is not substantial development or has issued an exemption under this Section 23.60A.020 . Development does not include demolition, except when the Director determines that such demolition will have a major impact upon the character of the shoreline. 2. Criterion for requiring a shoreline substantial development permit a. "Substantial development" means any development for which the total cost or fair market value exceeds $6,416, as adjusted under RCW 90.58.030(3)(e), or any development that materially interferes with the normal public use of the water or shorelines of the City. The dollar threshold will be recalculated and published in the Washington State Register every five years with the next recalculation to occur in 2017. b. A development, shoreline modification, or use that does not meet the definition of substantial development or that has received an exemption from the shoreline substantial development permit process shall comply with the Shoreline Management Act, the provisions of this Chapter 23.60A , and any other regulatory requirements. 3. A development, shoreline modification, or use that is listed as a shoreline conditional use in this Chapter 23.60A or that is not identified in the shoreline environment where it is proposed to be located and is allowed in the underlying zone and special district requires a shoreline conditional use permit under this Chapter 23.60A , even if the development, shoreline modification, or use does not otherwise require a shoreline substantial development permit. 4. A development or shoreline modification that does not comply with the bulk, dimensional or performance standards of this Chapter 23.60A may only be authorized by a variance under this Chapter 23.60A , even if the development or shoreline modification does not otherwise require a shoreline substantial development permit. 5. Repair and maintenance of an existing development, shoreline modification, or use that was authorized by a special use, shoreline conditional use, or shoreline variance does not require approval of a special use permit, shoreline conditional use permit, or shoreline variance, if no expansion occurs; if expansion would occur, the permit process is the process applicable to the type of development, use, or shoreline modification as if it were a new application under the Shoreline Master Program in effect when the application for such repair and maintenance is made. B. Application and interpretation of exemptions 1. The applicant has the burden of proof that an action is not development, that a development is not substantial development, and that a substantial development is exempt from the shoreline substantial development permit process. 2. Exemption interpretation a. Exemptions shall be construed narrowly. b. Substantial developments that meet the precise terms of one or more of the listed exemptions may be granted an exemption from the shoreline substantial development permit process. c. If any part of a proposed substantial development is not eligible for exemption, then a shoreline substantial development permit is required for the entire proposed development project. 3. The Director may attach conditions to the approval of exempted developments as necessary to assure consistency of the project with the Shoreline Management Act and this Chapter 23.60A . C. Exemptions. The following substantial developments are exempt from obtaining a shoreline substantial development permit from the Director: 1. "Normal maintenance" or repair of existing structures or developments, including damage by accident, fire or elements. a. "Normal maintenance" means those usual acts to prevent a decline, lapse or cessation from a lawfully established state comparable to its original condition, including but not limited to its size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resources or environment. b. Replacement of a structure or development is repair if such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance, and the replacement does not cause substantial adverse effects to shoreline resources or environment. 2. Construction of a "normal protective bulkhead" common to single-family residences. A "normal protective bulkhead" means those structural and nonstructural developments installed at or near, and parallel to, the OHW mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. Construction of a normal protective bulkhead or repair is exempt if: a. It is not constructed for the purpose of creating dry land; b. A vertical wall is being constructed or reconstructed, and not more than 1 cubic yard of fill per 1 foot of wall may be used as backfill; c. An existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, and it is constructed no further waterward of the existing bulkhead than is necessary for construction of new footings; d. A bulkhead has deteriorated such that an ordinary high water (OHW) mark has been established by the presence and action of water landward of the bulkhead, and the replacement bulkhead is located at or near the actual OHW mark; and e. Beach nourishment, or non-structural or soft stabilization is proposed; such projects may be considered a normal protective bulkhead if all structural elements are consistent with the requirements of this subsection 23.60A.020.C.2 and if the project has been approved by the Washington Department of Fish and Wildlife (WDFW). 3. Emergencies a. Emergency construction necessary to protect property from damage by the elements if: 1. It does not include creation of new permanent protective structures where none previously existed; or 2. If new protective structures are deemed by the Director to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit that would have been required, absent an emergency, pursuant to RCW 90.58 or these regulations shall be obtained; and 3. Flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. b. Upon abatement of the emergency situation the new structure shall be removed or any permit, which would have been required, absent an emergency, pursuant to RCW 90.58 or these regulations, shall be obtained. All emergency construction shall be consistent with the policies of RCW 90.58 and the Seattle Shoreline Master Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 4. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction of a barn or similar structure, and the construction and maintenance of irrigation structures, including but not limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, are not considered normal or necessary farming or ranching activities. 5. Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids, such as channel markers and anchor buoys. 6. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence, for his or her own use or for the use of his or her family, that does not exceed a height of 35 feet above average grade level and meets all requirements of the City. Construction authorized under this exemption shall be located landward of the OHW mark. For the purpose of this exemption: a. Single family residence means a detached dwelling designed for and occupied by one family, including those structures and developments within a contiguous ownership that are a normal appurtenance. b. A normal appurtenance is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the OHW mark and the perimeter of a wetland. Normal appurtenances include, but are not limited to, a garage, deck, driveway, utilities, fences, installation of a septic tank and drainfield, and grading that does not exceed 250 cubic yards and that does not involve placement of fill in any wetland, riparian watercourse or waterward of the OHW mark. 7. Construction of a pier accessory to residential structures, including a community pier, designed for pleasure craft only for the private noncommercial use of the owners, lessee or contract purchaser of a single-family or multifamily residence. For the purpose of this exemption a pier is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: a. In saltwater, which includes Puget Sound, Elliott Bay, Shilshole Bay, the Harborfront and the Duwamish River and all associated bays and inlets, the fair market value of the pier accessory to residential structures does not exceed $2,500; or b. In freshwater, the fair market value of the pier accessory to residential structures does not exceed $10,000; but if subsequent construction having a fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this Chapter 23.60A . 8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 9. The marking of property lines or corners on state-owned lands, if such marking does not significantly interfere with normal public use of the surface of the water. 10. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on June 4, 1975, that were created, developed or used primarily as a part of an agricultural drainage or diking system. 11. Actions under a certification from the Governor pursuant to RCW 80.50. 12. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this Chapter 23.60A , if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment, including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; c. The activity does not involve the installation of any structure, and upon the completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under this Section 23.60A.020 first posts a performance bond or provides other evidence of financial responsibility to the Director to ensure that the site will be restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550. 13. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other chemical treatment methods applicable to weed control that is recommended by a final environmental impact statement published by the department of agriculture or Ecology jointly with other state agencies under RCW 43.21C. 14. Watershed restoration projects that implement a watershed restoration plan and meet the following criteria: The Director shall review the projects for consistency with its Shoreline Master Program in an expeditious manner and shall issue its decision along with any conditions within 45 days of receiving from the applicant all materials necessary to review the request for exemption. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this Section 23.60A.020 . 15. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, if all of the following apply: a. The project has been approved in writing by WDFW as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the purpose; b. The project has received Hydraulic Project Approval by WDFW pursuant to RCW 75.20; and c. The project is consistent with the City's Shoreline Master Program. This determination shall be made in a timely manner and provided to the project proponent in writing. A fish habitat enhancement project that conforms to RCW 77.55.290 is deemed to be consistent with this Chapter 23.60A . 16. Hazardous substance remedial actions for which a consent decree, order or agreed order has been issued pursuant to RCW 70.105D or to Ecology when it conducts a remedial action under RCW 70.105D. Ecology shall, in conjunction with The City of Seattle, assure that such projects comply with the substantive requirements of RCW 90.58 and the Seattle Shoreline Master Program. 17. Development on that portion of land that is brought under shoreline jurisdiction due to a lawful shoreline restoration project creating a landward shift in the OHW mark, except when substantial development is proposed that would be partly on such land and partly on other land within the Shoreline District. D. Developments proposed in the Shoreline District may require permits from other governmental agencies. A permit issued by the City may be subject to rights reserved or otherwise held by Indian Tribes pursuant to Treaties, Executive Orders, or statutes. E. If a use is allowed, allowed as a special use, or allowed as a conditional use and either the use is limited to a maximum percentage of development or the use is required to be on a site containing a minimum percentage of another use, the permit issued shall identify the specific uses and gross floor areas of each use that is relied upon to meet the applicable use percentage requirements. (Ord. 124750 , § 2, 2015; Ord. 124105 , § 3, 2013.)