35.20.310 Additional regulations – New or expanded shoreline stabilization.
(1) New or expanded structural shoreline stabilization including bulkheads, revetments, seawalls, breakwaters, and jetties may be permitted in all environment designations, except the Natural designation where they are prohibited, through a statement of exemption, substantial development permit, or conditional use permit as indicated in CCC 35.10.090, Tables 2-1 and 2-2 when consistent with this article and Program.
(2) New or expanded structural stabilization are prohibited except in the following situations:
(a) To protect projects whose primary purpose is enhancing or restoring ecological functions or hazardous substance remediation projects pursuant to Chapter 70.105 RCW when all of the conditions below apply:
(i) Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
(ii) The erosion control structure will not result in a net loss of shoreline ecological functions.
(iii) The need for structural stabilization measures is demonstrated through a geotechnical report.
(b) In support of water-dependent development when all of the conditions below apply:
(i) The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.
(ii) Nonstructural measures, such as planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
(iii) The erosion control structure will not result in a net loss of shoreline ecological functions.
(iv) The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical analysis.
(c) To protect an existing primary structure, including a single-family residence and appurtenant structures pursuant to RCW 90.58.100(6), when all of the conditions below apply:
(i) The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.
(ii) Nonstructural measures, such as placing the proposed use or development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
(iii) The erosion control structure will not result in a net loss of shoreline ecological functions.
(iv) There is conclusive evidence, documented by a geotechnical report that the structure is in danger from shoreline erosion caused by tidal action, currents, or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization.
(3) Hard structural shoreline stabilization, including new armoring and expansions of existing armoring, is prohibited on shorelines mapped as feeder bluffs. Soft structural/bioengineered methods may be allowed and nonstructural methods are preferred.
(4) When any new or expanded structural shoreline stabilization measures are demonstrated to be necessary, pursuant to above provisions all of the following shall apply:
(a) The size of stabilization measures shall be limited to the minimum necessary.
(b) Soft shoreline stabilization approaches shall be used to assure no net loss of shoreline ecological functions, unless such approaches are demonstrated to be inadequate to protect primary structures, dwellings, and businesses.
(c) Adverse impacts of new stabilization structures, including replacement structures, on critical habitat for Endangered Species Act-listed species or other shoreline processes or functions shall be avoided and, if that is not possible, minimized to the maximum extent possible. Compensatory mitigation shall be required for impacts that are unavoidable consistent with CCC 35.40.030.
(5) Proponents of new or expanded structural shoreline stabilization may be required to provide an assessment of on-site drainage and vegetation characteristics and their effects on slope stability to ensure the requirements of this article are met.