23.60A.160

A. Priority freshwater habitat 1. The following are designated as priority freshwater habitat: a. Sockeye salmon spawning habitat. b. Creek mouths and areas below OHW within 100 feet of creek mouths in Lake Washington. c. Hyporheic zones as determined by the Director. 2. Applicants for any permit or review in the Shoreline District shall provide an inventory containing the following information: a. Location and boundaries of all freshwater habitat on the lot and on adjacent lands within 35 feet of the lot lines, noting both total square footage and percentage of lot; b. Location and boundaries of all existing development on the lot, on adjacent lands within 35 feet of the lot lines, and on the full width of abutting public and private rights-of-way and easements. This shall include the amount of developmental coverage; c. Location and boundaries of non-disturbance areas on the lot that have been required by previous approvals; and d. Location and boundaries of all proposed development, shoreline modifications and proposed disturbance areas on the lot and on the full width of abutting public and private rights-of-way and easements. This shall include areas of development coverage, dredging, filling, or impervious surfaces, construction activity areas and any other areas that will be disturbed (noting total square footage and percentage of the lot occupied). 3. No new structures, including but not limited to new piers, piles, bulkheads, bridges, fill, floats, jetties, and utility crossings shall be located within priority freshwater habitat, unless the structure is allowed in the applicable shoreline environment, all development standards are met, and the applicant demonstrates that no reasonable alternative alignment or location exists. B. Priority saltwater habitat 1. The following are designated as priority saltwater habitat: a. Kelp beds; b. Eelgrass beds; c. Spawning and holding areas for forage fish, such as herring, smelt and sandlance; d. Subsistence, commercial and recreational shellfish beds; e. Mudflats; f. Intertidal habitats with vascular plants; g. Areas with which WDFW priority species have a primary association; and h. Habitat designated as priority saltwater habitat by the Director under 25.09.200.E. 2. Applicants for any permit in the Shoreline District shall provide an inventory containing the following information: a. Location and boundaries of all saltwater habitat on the lot and on adjacent lands within 35 feet of the lot lines, noting both total square footage and percentage of the lot; b. Location and boundaries of all existing development on the lot, on adjacent lands within 35 feet of the lot lines, and on the full width of abutting public and private rights-of-way and easements. This shall include the amounts of developmental coverage; c. Location and boundaries of non-disturbance areas on the lot that have been required by previous approvals; and d. Location and boundaries of all proposed development, shoreline modifications and proposed disturbance areas on the lot and on the full width of abutting public and private rights-of-way and easements. This shall include the areas of developmental coverage, dredging, filling, or impervious surfaces and construction activity areas (noting total square footage and percentage of the lot occupied). 3. No structure, including but not limited to bulkheads, bridges, fill, floats, jetties, piles, utility crossings, and piers, except for piers that are regulated under subsection 23.60A.160.B.4, shall intrude into or over priority saltwater habitats unless the structure is allowed in the applicable shoreline environment, all development standards are met, and the applicant demonstrates that all of the conditions below are met: a. The public's need for such an action or structure is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020; b. It is not feasible to avoid adverse impacts to priority saltwater habitats by an alternative alignment or location or avoidance would result in unreasonable and disproportionate cost to accomplish the same general purpose; and c. The project is consistent with the State's interest in resource protection and species recovery. 4. Private, noncommercial piers for single-family residential or community use may be authorized if the structure is allowed in the shoreline environment, all development standards are met, and the applicant demonstrates that it is not feasible to avoid adverse impacts to priority saltwater habitats by an alternative alignment or location. 5. Exceptions for priority saltwater habitat. If the shoreline habitat is classified as priority saltwater habitat because the habitat is used by anadromous fish for migration: a. The provisions of this Section 23.60A.160 are waived for water-dependent development and uses, water-related development and uses that meet the definition of "Water-related use" #1 in Section 23.60A.944 ; and b. The proposed project shall comply with all other provisions of this Chapter 23.60A , including the requirement for no net loss of ecological function and Section 23.60A.158 , Mitigation sequencing. (Ord. 124105 , § 3, 2013.)