23.60A.156

A. All development, shoreline modifications, and uses shall protect environmentally critical areas located in the Shoreline District by complying with the standards and procedures in this Section 23.60A.156 , in addition to the provisions of this Chapter 23.60A . B. Applicable regulations 1. Environmentally critical areas within the Shoreline District. Chapter 25.09 , as set out in Ordinance 122050 and amended by Ordinances 122370 , 122738, 124105, 124447, and by this ordinance introduced as C.B. 118311, is incorporated by reference into this Chapter 23.60A and applies to environmentally critical areas within the Shoreline District. The designations, standards, and procedures in Chapter 25.09 are modified as set out in subsections 23.60A.156.C and 23.60A.156.E through 23.60A.156.O for environmentally critical areas in the Shoreline District. If there are any conflicts between the standards and procedures in Chapter 25.09 incorporated into this Chapter 23.60A and other provisions of the Shoreline Master Program, the requirements most protective of ecological functions apply, except when preempted by federal or state law or where this Shoreline Master Program expressly states that these regulations do not apply. 2. Environmentally critical areas that are outside the Shoreline District are regulated in Chapter 25.09 . C. Environmentally critical areas designation and location 1. Environmentally critical areas within the Shoreline District are geologic hazard areas, steep slope areas, flood-prone areas, wetlands, fish and wildlife habitat areas, and abandoned landfills, all as designated in Section 25.09.020. 2. Environmentally critical areas are located as follows: a. Areas designated in Section 25.09.020 are geographically located pursuant to Section 25.09.030 , except for priority habitat areas and shoreline setbacks, which are geographically located pursuant to subsection 25.09.020.D.6 and Sections 23.60A.160 and 23.60A.167 . b. Wetlands and delineation of their boundaries pursuant to Chapter 25.09 shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements in lieu of the "Washington State Wetlands Identification and Delineation Manual" as adopted by Ecology (Publication #96-94). D. Mitigation Sequencing. Mitigation sequencing is required if a provision of Chapter 25.09 , as incorporated by reference and modified in this Section 23.60A.156 , specifically requires mitigation or if additional mitigation is required to meet no net loss of ecological function pursuant to subsection 23.60A.152.A. E. Exemptions 1. Exemption requirements a. An application that is exempt from the requirement of applying for a shoreline substantial development permit under Section 23.60A.020 is not exempt from the standards and requirements set out in Chapter 25.09 as incorporated into this Chapter 23.60A , unless the application is also exempt from Chapter 25.09 to the extent allowed under Section 25.09.045 . b. An application that is exempt from the standards and requirements in Chapter 25.09 under Section 25.09.045 is not exempt from the requirement for a shoreline substantial development permit, unless the application is also exempt from applying for that permit under the standards of Section 23.60A.020 . 2. Any development, shoreline modification, or use that is exempt under Section 25.09.045 from other standards and requirements set out in Chapter 25.09 shall use mitigation sequencing pursuant to subsection 23.60A.152A and Section 23.60A.158 , in addition to complying with the standards of Section 25.09.045 . F. Small project waivers 1. The small project waiver provisions in Section 25.09.055 do not apply in the shoreline setback area. 2. Small project waivers for areas outside the shoreline setback area shall mitigate adverse impacts pursuant to subsection 23.60A.152.A and Section 23.60A.158 , in addition to complying with the standards of Section 25.09.055 . G. In applying the designation of flood-prone areas in subsection 25.09.020.B, areas of special flood hazard in Section 25.06.030 shall be determined using the Flood Insurance Rate Maps that accompany the Flood Insurance Study for King County, Washington and incorporated areas, dated May 16, 1995. H. Development standards in wetlands 1. Research uses are allowed in all wetlands and their buffers pursuant to Section 23.60A.210 . 2. Application for a Category IV buffer reduction under subsection 25.09.160.D.2 shall use the shoreline variance standards and procedures in addition to complying with the standards in subsection 25.09.160.D.2. 3. If the Director grants a shoreline variance to standards for wetlands in Section 25.09.160 , other than a shoreline variance for a Category IV buffer reduction, the avoidance and mitigation standards set out in subsection 25.09.160.E apply in lieu of the mitigation sequencing set out in Section 23.60A.158 . I. Development Standards for steep slope areas 1. Subsection 25.09.180.B.2. does not apply to development on waterfront lots. 2. Applications for steep slope area variances under subsection 25.09.180.E for developments on lots with a feeder-bluff in the Shoreline District shall use the shoreline variance standards and process in addition to complying with the standards in subsection 25.09.180.E. In applying these standards the applicant is required to demonstrate the development is necessary for reasonable use of the property instead of demonstrating hardship. If the Director authorizes a shoreline variance under these standards, relief shall be in the sequence in subsection 25.09.180.E.2. 3. Applications for steep slope area variances under subsection 25.09.180.E for developments in the Shoreline District not on waterfront lots with a feeder bluff shall use the shoreline variance standards and process in addition to complying with the standards in subsection 25.09.180.E. If the Director authorizes a variance under these standards, relief shall be in the sequence set out in subsection 25.09.180.E.2. J. Development standards for fish and wildlife habitat areas 1. Riparian corridors. If access is allowed within the Shoreline District over a watercourse in a riparian corridor under subsection 25.09.200.A.2.a, the Director shall require mitigation of impacts to ecological function, including the associated hyporheic zone, pursuant to Section 23.60A.158 . 2. Priority habitat areas and shoreline setbacks that are designated critical areas in subsection 25.09.020.D.6 are regulated as set out in Sections 23.60A.160 and 23.60A.167 and this Chapter 23.60A , the Shoreline Master Program, and not by Chapter 25.09 , Environmentally Critical Areas. Other types of environmentally critical areas, such as geologic hazard areas and wetlands, that are located within priority habitat areas or within a shoreline setback that is designated a critical area are regulated by the standards applicable to that type of critical area under this Section 23.60A.156 . K. Subdivisions and short subdivisions 1. The standards for short subdivisions and subdivisions in Section 25.09.240 incorporated by reference into this Chapter 23.60A apply to short subdivisions and subdivisions in the Shoreline District, except as provided in subsections 23.60A.156.K.2 and 23.60A.156.K.3. 2. Subsection 25.09.240.B does not apply. Parcels shall be divided so that each lot contains an area for the principal structure, all accessory structures, and necessary walkways and access for this area that are outside the riparian corridor, wetlands, wetland buffers, and steep slope areas and buffers, except as follows: a. Development on upland lots may be located on steep slope areas that have been created through previous legal grading activities, including rockeries or retaining walls resulting from rights-of-way improvements, if steep slope erosion is not increased as determined by the Director based on a geotechnical report; and b. Development on upland lots may be located on steep slope areas that are less than 20 feet in vertical rise and that are 30 feet or more from other steep slope areas, if steep slope erosion is not increased as determined by the Director based on a geotechnical report. 3. Subsection 25.09.240.D does not apply. In computing the number of lots a parcel in a single-family zone may contain, the Director shall exclude easements and/or fee simple property used for shared vehicular access to proposed lots that are required under Section 23.53.005 . L. Reserved. M. Environmentally critical area exceptions 1. In lieu of the environmentally critical area exception process in Section 25.09.300 , the applicant shall apply for a shoreline variance. In addition to the standards for a shoreline variance the applicant shall comply with the requirements and standards in subsections A, B, and C of Section 25.09.300 . 2. The relief from the requirements protecting environmentally critical areas that is approved by the Director through a shoreline variance shall be consistent with the provisions in subsections D and E of Section 25.09.300 . 3. In granting a shoreline variance the Director shall require mitigation sequencing pursuant to Section 23.60A.158 , except that if a shoreline variance is granted from the standards for wetlands in Section 25.09.160 , the standards in subsection 25.09.160.E apply. N. Vegetation management within environmentally critical areas shall comply with Section 23.60A.190 , and Section 25.09.320 and subsection 25.090.060.L do not apply in the Shoreline District. In the Shoreline District critical area standards that require compliance with Section 25.09.320 or subsection 25.090.060.L shall be construed to require compliance with Section 23.60A.190 . O. Enforcement. The enforcement procedures provided in Chapter 23.90 shall be applied, rather than the provisions of Sections 25.09.420 through 25.09.450 and Sections 25.09.470 through 25.09.480 , to enforce the regulations in this Section 23.60A.156 and Chapter 25.09 as incorporated by reference for environmentally critical areas in the Shoreline District. The amount of the civil penalty is as set out in Section 25.09.460 . P. Definitions. The definitions in Section 25.09.520 shall be used in applying the regulations incorporated by reference into this Section 23.60A.156 . (Ord. 127376 , § 66, 2025; Ord. 124750 , § 9, 2015; Ord. 124447 , § 1, 2014; Ord. 124105 , § 3, 2013.)