35.20.070 Regulations – Marinas.
(1) New marinas may be permitted in all environment designations, except the Resource Conservancy and Natural designations where they are prohibited, through a substantial development permit or conditional use permit as indicated in CCC 35.10.090, Table 2-2, when they are consistent with this Program and when the proponent demonstrates that all of the following conditions are met:
(a) The marina is located in the least environmentally damaging location; and
(b) The proposed location will not require dredging or excavation/filling of wetlands; and
(c) The proposed location does not restrict the use of commercial and recreational shellfish beds; and
(d) The marina complies with the Washington Department of Health Environmental Health Guidelines for Marina Development and Operation; and
(e) Suitable public infrastructure is available or can be made available to support the marina; and
(f) The area has adequate water circulation and flushing action to prevent water quality degradation; and
(g) Unavoidable adverse impacts on ecological processes and functions are mitigated to achieve no net loss.
(2) New marinas and expansions of existing marinas shall be designed, constructed, and operated according to the following:
(a) Open pile or floating breakwater designs shall be used unless the proponent demonstrates that there are specific safety considerations that warrant alternative approaches or unless rip-rap or other solid construction is shown to have fewer impacts on shoreline ecology over the short and long term.
(b) Structural shoreline stabilization/armoring shall be limited to the minimum necessary to protect marina infrastructure and shall consist of soft-shore bioengineered stabilization unless soft stabilization is demonstrated by a geotechnical analysis to be infeasible or inadequate to protect the site.
(c) Floating structures shall be designed to prevent grounding on tidelands. Floats shall only be used where there is sufficient water depth to prevent grounding at low tide.
(d) Piers and other structures shall be located, sized, and designed to minimize shading of aquatic habitats and species.
(e) Solid structures shall be designed to provide fish passage through and along the shallow water fringe.
(f) Floating piers shall be required in rivers unless the proponent can demonstrate that fixed piers will cause substantially less impact on geohydraulic processes.
(3) New marinas and expansions of existing marinas 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.
(4) Every marina shall have appropriate equipment and operational procedures on hand to store fuels and related chemicals, prevent accidental spills, and facilitate containment and collection of chemicals should spillage occur.
(5) New marinas shall include public access amenities. Consistent with Article III of Chapter 35.25 CCC, public access siting and design shall be determined based on what is appropriate to a given location and the needs/desires of the surrounding community.
(6) Live-aboard vessels may occupy up to 20 percent of the slips at a marina. Marinas that accommodate live-aboards shall provide and maintain adequate facilities and programs to address waste disposal and sanitary disposal.
(7) New or expanded marinas may include fill waterward of the ordinary high water mark only when necessary for the water-dependent portions of the marina facility. Filling for the creation of marina parking areas shall be prohibited.
(8) If new or expanded marina facilities adversely impact net sediment transport or other coastal processes to the detriment of nearby beaches or habitats, the marina operator shall be required to periodically replenish the substrate in these areas to offset adverse impacts.
(9) New or expanded development accessory to marinas including parking, open air storage, waste storage and treatment, stormwater management facilities, and utilities shall be designed and constructed to avoid adverse impacts on shoreline functions and processes. The following standards shall apply to new or expanded development accessory to marinas:
(a) Accessory structures and facilities shall be clustered and located so as to reduce clearing and grading impacts.
(b) Water-oriented accessory uses reasonably related to marina operation may be located over water or near the water’s edge by conditional use permit if an over-water or water’s edge location is essential to the operation of the use and if public access is provided.
(c) Except as otherwise permitted by this Program, parking shall be located away from the water’s edge and landward of shoreline buffers prescribed by this Program.
(d) Pump-out, holding, and/or waste treatment facilities and services shall be provided at all marinas. Pump-out facilities shall be conveniently located and sited to ensure easy access, prevent lengthy queues, and allow full compliance with waste disposal regulations. Vessel-mounted pump-out services and hard-plumbed stations at each slip shall be preferred over portable pump-out equipment.
(e) Marinas shall provide adequate restroom and sewage disposal facilities in compliance with applicable health regulations. Restrooms shall be available 24 hours a day for use by any patron of the marina facility; the need for restrooms shall be determined based on the number of slips and percentage of live-aboard vessels within the marina.
(f) Garbage and recycling receptacles shall be provided and maintained by the marina operator at several locations convenient to users.
(g) Marina operators shall post all regulations pertaining to handling and disposal of waste, sewage, fuel, and oil or toxic materials where all users may easily read them.
(h) Boat washing facilities shall be provided to minimize transfer of invasive aquatic species between water bodies.