35.20.100 Regulations – Piers, docks, floats, and lifts accessory to residential development.
(1) Docks, piers, floats and lifts accessory to residential development/use may be permitted in all environment designations, except the Natural designation where they are prohibited, through a substantial development permit or conditional use permit as indicated in CCC 35.10.090, Table 2-1, when they are consistent with this Program and when the proponent demonstrates that they are:
(a) Designed and constructed to avoid or, if that is not possible, to minimize shading and other impacts on nearshore habitats and processes.
(b) Constructed of materials that will not adversely impact water quality, or aquatic plants and animals, over the long term. Materials for portions of the dock, pier, float, framing and decking in contact with water shall be approved by applicable State agencies for use in water.
(c) Spaced and oriented to the shoreline in a manner that minimizes hazards and obstructions to navigation, fishing, swimming, and pleasure boating.
(d) Designed to avoid the need for maintenance dredging. The moorage of a boat larger than provided for in original moorage design shall not be grounds for approval of dredging.
(e) Designed to avoid impediments to alongshore, sediment transport and/or movement of fish and other aquatic species.
(2) New residential 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) If permitted under this Program, no more than one dock/pier and one float and one watercraft lift may be permitted on a single lot owned for residential use or private recreational use.
(4) In-water fixed platform structures supported by piles that do not abut the shoreline shall be prohibited.
(5) Floats accessory to residential use shall not exceed 200 square feet in area or three feet in height as measured from mean lower low water.
(6) Floats shall only be used where there is sufficient water depth to prevent grounding at low tide. The County may require the use of stoppers or other measures to ensure compliance with this standard.
(7) Private single-family residential piers and docks shall not extend over water farther than 50 feet as measured perpendicular from the ordinary high water mark or, in tidal waters, shall not extend more than 15 feet from the minus six-foot mark as referenced from mean lower low water. Shared residential piers and docks may extend an additional 10 feet for each single-family residence sharing the pier.
(8) To avoid and minimize adverse impacts on nearshore habitats and species caused by over-water structures, the length, width and height of residential 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.
(9) Residential developments creating four or more new lots or new dwelling units may be granted permits for community docks to be shared by two or more lot owners or dwelling units. No more than one dock/pier or float may be permitted for each three adjoining waterfront lots, with necessary access easements to be recorded at the time of permitting. Single-user docks, piers and floats for individual residential lots may be permitted in subdivisions existing prior to June 16, 1992, only where a shared facility has not already been developed.
(10) Single-user moorage for private float planes may be permitted as a conditional use in certain environment designations as indicated in Table 2-1 where construction of such moorage:
(a) Is limited to the smallest size necessary to accommodate the float plane; and
(b) Will not adversely impact shoreline functions or processes, including wildlife use; and
(c) Includes mitigation to compensate for the greater intensity of use associated with the float plane moorage.
(11) Covered moorage associated with single-family residential development shall be prohibited, except that the County may allow a small covered area up to 100 square feet in size, maximum height of 10 feet, and with vertical walls on up to three sides on the overland portion of a dock/pier only.
(12) Single-user docks/piers/floats may not be located within side yard setbacks for residential development (both onshore and offshore); a shared dock/pier may be located adjacent to or upon a shared side property line upon filing of an agreement by the affected property owners.
(13) Fill waterward of the ordinary high water mark shall be limited to the minimum necessary to match the upland with the elevation of the residential dock or pier.
(14) Dredging for construction or maintenance of docks, piers and floats accessory to residential use shall be prohibited waterward of the ordinary high water mark.
(15) Boating facilities shall be marked with reflectors, or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during day or night. Exterior finish shall be nonreflective.
(16) No dock, pier, float, or watercraft moored thereto shall be used as a residence.
(17) Docks, piers and floats shall be prohibited in wetlands.
(18) Piers and docks should be limited to the areas in front of their ownership unless there is a written agreement with the parties affected, including the subtidal property owner that will allow for said encroachment. The configuration of a pier and dock should not limit the adjacent upland owner’s ability to access the aquatic area immediately in front of their ownership. (RCW 79.105.430)