35.15.310 Regulations.
(1) Recreational developments may be permitted in certain environment designations through a substantial development permit or conditional use permit consistent with Table 2-2 when they are consistent with this Program and when the proponent demonstrates that:
(a) They provide opportunities for substantial numbers of people to reach, view and enjoy shoreline water bodies; and
(b) They are located, designed and operated in a way that minimizes adverse impacts on native vegetation, substrates, water quality, and fish and wildlife species and habitats.
(2) Recreational use and development shall comply with the applicable provisions of Chapters: 35.30 CCC, Shoreline Buffers and Vegetation Conservation; 35.35 CCC, Critical Areas within Shoreline Jurisdiction; 35.40 CCC, Mitigation and No Net Loss; and with the applicable articles: Article II of Chapter 35.25 CCC, Clearing, Grading and Filling; Article III of Chapter 35.25 CCC, Public Access; Article IV of Chapter 35.25 CCC, Water Quality and Water Management; and Article V of Chapter 35.25 CCC, Archaeological, Historical and Cultural Resources.
(3) Components of an approved recreational use or development that are water-dependent or water-related may be permitted within the shoreline buffer; provided, that the amount of buffer encroachment and disturbance are the minimum needed to accommodate the water-dependent or water-related component; and provided further, that the use/development:
(a) Is located in preexisting disturbed areas, areas with low habitat value or within the “active use” area prescribed in CCC 35.30.030(4); and
(b) Will not impact a geologically hazardous area; and
(c) Uses low impact development techniques to minimize adverse impacts on water quality and habitat; and
(d) Complies with all other requirements of the Program.
(4) To ensure consistency with subsection (3) of this section, the County shall determine whether and how much water-dependent or water-related recreational development to allow in the buffer on a case-by-case basis by considering all of the following factors:
(a) The type and intensity of the proposed recreational use; and
(b) The size and configuration of the parcel and the ability to locate structures and other facilities outside the buffer without significantly diminishing the recreational experience; and
(c) The amount of native vegetation that would be cleared/removed; and
(d) The sensitivity of the aquatic habitat to the disturbances caused by the proposed use.
(5) Where appropriate, recreational development proposals shall include provisions for nonmotorized access to the shoreline from both the uplands and the water (e.g., pedestrian paths, bike paths, and boat launches/landings).
(6) Recreational use of motor vehicles including unlicensed, off-road vehicles may be permitted only on roads or trails specifically designated for such use. Recreational motor vehicle use on beaches is prohibited. Recreational motor vehicles may not be used in wetlands, streams or other aquatic areas below the ordinary high water mark. This regulation does not apply to motorized watercraft.
(7) Recreational facilities with more than 7,000 square feet of clearing and grading or 2,000 square feet or more of impervious surface shall incorporate measures to prevent erosion, control the amount of runoff, and prevent harmful concentrations of chemicals and sediments from entering water bodies in accordance with the clearing, grading and filling (Article II of Chapter 35.25 CCC) and water quality (Article IV of Chapter 35.25 CCC) regulations of this Program.
(8) Recreational facilities shall use signs, fences and vegetative screens to protect adjacent private properties and natural areas from trespass, overflow and other possible adverse impacts.
(9) Signs indicating the public’s right to access public shoreline recreation areas/facilities shall be installed and maintained in conspicuous locations at points of access and entry.
(10) When a public recreation site abuts private property/tidelands, signs and other similar markers shall indicate geographic limits of public access to minimize conflicts with adjacent use/development.
(11) Proposals for recreational development shall include adequate facilities for water supply, sewage and garbage disposal, and recycling commensurate with the intensity of the proposed use.
(12) Private recreational facilities accessory to a residential use such as swimming pools and ball courts shall be prohibited in wetlands and shall not be approved via a shoreline conditional use permit or shoreline variance.
(13) Primitive campsites associated with public marine or water trails that contain no utilities are permitted within the shoreline jurisdiction and may be located in allowed shoreline buffer active use areas consistent with Chapter 35.30 CCC.
(14) Pursuant to RCW 90.58.100(4), applications providing for beaches, ecological study areas, and other recreational uses for the public on State-owned shorelines shall be considered a preferred use.
(15) Construction of publicly owned trails on public lands, and public trail-related facilities, such as picnic tables, benches, interpretive centers and signs, pedestrian bridges and viewing platforms, may be permitted subject to the following standards:
(a) The trail shall be constructed in the outer 50 percent of the shoreline and critical area buffers as indicated in Tables 6-1 and 6-2 to the maximum extent possible. This standard does not apply to trail corridors along existing roads or converted prior railroad or road right-of-way. The Administrator may allow the trail to be located within the inner 50 percent of the shoreline buffer if there is strong evidence that the later location would require less clearing, grading and damage to the shoreline ecology; provided, that the trail is at least 30 feet landward of the ordinary high water mark except for trail connections and linkages providing direct access to beaches and the water.
(b) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas.
(c) Trails and related facilities shall be planned and aligned to minimize removal of trees, shrubs, snags and important wildlife habitat and critical area functions such that the disturbed area shall be a maximum of 16 feet wide.
(d) Viewing platforms, interpretive centers, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of shoreline habitat.
(e) Trails shall be limited to nonmotorized use, except for emergency vehicles and authorized vehicles for trail maintenance and repair.
(f) Trail surfacing shall be composed of natural materials, including but not limited to gravel, rock, bark, untreated wood decking 18 inches or lower in height; except that regional public trails may have up to 12 feet of permanent surfacing materials. Any construction materials shall not significantly alter the existing drainage or negatively affect the critical area.