35.20.090 Regulations – Piers, docks, and floats, nonresidential.
(1) Docks, piers, and floats associated with commercial, industrial, port, or public or private recreational developments may be permitted in all environment designations 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:
(a) The dock/pier/float is required to accommodate a water-dependent use or public access; and
(b) The dock/pier/float is designed to avoid or, if that is not possible, to minimize the impacts to nearshore habitats and processes.
(2) Nonresidential piers, docks and floats 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) Joint-use piers shall be preferred for commercial and industrial developments which are in close proximity to one another.
(4) Covered moorage associated with nonresidential docks, piers, and floats shall be prohibited.
(5) New and substantially expanded nonresidential docks, piers and floats shall be constructed of materials that will not adversely impact water quality or aquatic plants and animals over the long term. Materials for any portions of the dock, pier, float, framing, or decking that come in contact with water shall be approved by Washington Department of Fish and Wildlife (WDFW) and Ecology for use in water.
(6) To minimize adverse impacts on nearshore habitats and species caused by over-water structures that reduce ambient light levels, the length, width and height of nonresidential docks, piers and floats shall be no greater than that required for safety and practicality for the primary use. The Administrator shall defer to the dimensional limits imposed in the project-specific permit conditions issued by the U.S. Army Corps of Engineers and Washington Department of Fish and Wildlife and shall require adherence to the following:
(a) New and replacement piers that exceed four feet in width shall have a minimal of 30 percent functional grating that will allow light to pass through the deck.
(b) New and replacement ramps, walkways, or gangplanks shall be fully grated with 60 percent open area to allow light passage.
(c) New and replacement floating sections shall have a minimum of 50 percent functional grating to allow light to pass through the deck. For individual docks less than or equal to four feet wide, a minimum of 30 percent functional grating is required.
(7) Commercial, industrial, port or public recreational docks, piers and floats shall be spaced and oriented to shoreline in a manner that avoids or minimizes:
(a) Hazards and obstructions to navigation, fishing, swimming and pleasure boating; and
(b) Shading of beach substrate below; and
(c) Impediments to alongshore sediment transport and/or movement of fish and other aquatic species.
(8) Fill waterward of the ordinary high water mark shall be limited to the minimum necessary to match the upland with the elevation of the nonresidential dock or pier.
(9) Dredging shall be limited to the minimum necessary to allow boat access to a nonresidential dock or pier.