35.20.110 Regulations – Mooring buoys.
(1) Mooring buoys may be permitted in all environment designations through a substantial development permit or conditional use permit as indicated in CCC 35.10.090, Tables 2-1 and 2-2, when they are consistent with this Program and when the proponent demonstrates that the buoy:
(a) Will be located to avoid adverse impacts to eelgrass beds and other valuable aquatic and nearshore habitat areas; and
(b) Will not impede the ability of other landowners to access private property; and
(c) Will not pose a hazard to or obstruct navigation or fishing; and
(d) Will not adversely impact water quality; and
(e) Will not pose a threat to shellfish beds or an existing aquaculture operation.
(2) The installation and use of mooring buoys in marine waters shall be consistent with all applicable State and federal laws and permit requirements, including standards of the State Departments of Natural Resources, Health, and Fish and Wildlife and the U.S. Army Corps of Engineers.
(3) Recreational mooring buoys on State-owned aquatic lands shall not be used for permanent residential (living on the boat) or commercial purposes; limitations shall not interfere with use of mooring buoys for scientific research purposes.
(4) Wherever appropriate, mooring buoys shall use neutral buoyancy rope, mid-line float, helical anchors, or other Washington Department of Natural Resources (WDNR)-approved designs that have minimal adverse impacts on aquatic ecosystems and fish; where specific WDNR designs are inappropriate or ineffective given the proposed mooring buoy location, reasonable and effective designs shall be used that minimize adverse impacts on aquatic ecosystems and fish.
(5) Mooring buoys shall be clearly marked and labeled with the owner’s name and contact information and permit number(s).
(6) Placement and number of mooring buoys within bays and other areas shall not exceed a density of four buoys per acre.
(7) During the installation of the mooring buoy, the location of the mooring buoy may be adjusted to minimize impacts to sensitive habitat areas (i.e., eelgrass beds); provided, that revised location complies with all rules and regulations. If the location of the mooring buoy is significantly modified, an amended site map with the amended longitude and latitude shall be submitted to the County for review and approval.
(8) Mooring buoys should be generally 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. If it is determined that the location of the proposed mooring buoy interferes with a proposal for a mooring buoy by the adjacent landowners, the mooring buoy of the nonadjacent shall be located further away from the shore in compliance with all rules and regulations. (See RCW 79.105.430(3).)
(9) Mooring buoys shall be located no closer than 100 feet from another mooring buoy, dock, pier, float, or other fixed navigational obstruction, unless there is a written agreement with the parties affected, including the subtidal property owner that will allow for said encroachment. If it is determined that the proposed mooring buoy interferes with legally established buoys, moored boats, or private tidelands it shall be removed or moved to a location that complies with all rules and regulations.
(10) No more than two boats shall be secured by a mooring buoy. Mooring buoys that are placed by exemption shall not be rented or leased.
(11) Boats that are occupied shall not be permitted to moor at private docks, piers, and floats longer than three days unless pump-out facilities are available in the immediate vicinity.