35.10.030 Aquatic designation (A).
(1) Criteria. The Aquatic designation is assigned to all shoreline waters as described in CCC 35.05.060 waterward of the ordinary high water mark together with their underlying lands and their water column (Figure 2-1). For purposes of Program administration, the marine waters shall be classified Aquatic – Straits (for the Strait of Juan de Fuca) and Aquatic – Pacific Ocean (for the Pacific Ocean), including harbors, bays, estuaries and inlets.
(2) Purpose. The purpose of the Aquatic designation is to protect and restore the quality and health of marine and fresh waters and the species that depend upon them, while allowing for water-dependent uses and public access when located in appropriate areas and developed to avoid a net loss of shoreline functions.
(3) Management Policies. The Aquatic environment should be managed consistent with the following policies:
(a) Except as otherwise noted, the permitted, conditional and prohibited shoreline development, uses and modifications in the Aquatic environment are based on the adjacent shoreline environmental designation landward of the ordinary high water mark as shown in Tables 2-1 and 2-2, and as further prescribed by the policies and regulations of this Program.
(b) Permitted, conditional and prohibited shoreline development, uses and modifications in the Aquatic – Pacific Ocean environment are shown in Tables 2-1 and 2-2, and as further prescribed by the policies and regulations of this Program. Shorelands landward of the ordinary high water mark (and between the ordinary high water mark and extreme low water in Olympic National Park) of the Aquatic – Pacific Ocean environment are located within the Olympic National Park and Tribal Lands and are not subject to this Program.
(c) New structures should be allowed in or over water only when necessary for approved water-dependent uses, public access, or ecological restoration.
(d) The size of new in-/over-water structures should be limited to the minimum necessary to support the structure’s intended water-dependent use.
(e) To reduce the cumulative impacts on shoreline functions and processes, new in-/over-water structures should serve more than one approved use where feasible.
(f) New in-/over-water structures should be located, oriented and designed to minimize interference with surface navigation and to allow for the safe, unobstructed movement of fish and wildlife species that depend on the waters for migration, rearing or spawning.
(g) New in-/over-water structures should be located, oriented and designed to minimize impacts on water quality, sediment delivery and transport, productivity of aquatic vegetation, and shellfish productivity.
(h) In- or over-water uses that adversely impact the functions of critical saltwater and freshwater habitats should not be allowed unless their impacts are mitigated according to the sequence described in CCC 35.40.030 as necessary to assure no net loss of ecological functions.
(i) New uses and development in marine waters of the Pacific Ocean should be evaluated for consistency with Chapter 43.372 RCW, Marine Waters Planning and Management, the Marine Spatial Plan for Washington’s Pacific Coast (2018 or as revised) and Chapter 43.143 RCW, Ocean Resources Management Act.
(j) Scientific, historical, cultural, and educational uses may be allowed provided no ecological adverse impact on the area will result.
(4) Areas Designated. The general location and approximate extent of the Aquatic designation is shown on the Shoreline Environmental Designation Maps in Exhibit A of this Program.
Figure 2-1. Juxtaposition of the Aquatic and Upland (Shoreland) designations on a typical waterfront parcel (the location of the OHWM needs to be determined in the field)
