35.25.110 Regulations.
(1) Single-family residential developments and developments of four or fewer lots shall not be required to provide public access to the shoreline.
(2) Multifamily residential use and subdivisions of more than four lots shall include physical and/or visual public access to public waters unless:
(a) There are unavoidable public health or safety hazards on the property that cannot be prevented through reasonable means;
(b) The public access is likely to cause unacceptable environmental impacts that cannot be mitigated;
(c) The access would create significant, undue, and unavoidable conflicts with adjacent uses that cannot be mitigated; or
(d) Shoreline public access is determined to be adequate, or will be based on planned actions, consistent with a County integrated shoreline area public access system plan adopted under WAC 173-26-221(4).
(3) Commercial and industrial development and development by public entities, such as local governments, port districts, State agencies, and public utility districts, shall include physical and/or visual public access to public waters unless:
(a) Unavoidable public health or safety hazards exist and cannot be prevented through reasonable means;
(b) The use/development has inherent security needs that cannot be mitigated through reasonable design measures or other solutions;
(c) The cost of providing the access, easement or an alternative amenity is disproportionate to the total long-term cost of the proposed development;
(d) The public access will cause unacceptable environmental impacts that cannot be mitigated; or
(e) The access would create significant, undue, and unavoidable conflicts with adjacent uses that cannot be mitigated.
(4) To be exempt from the public access requirements in this article, the project proponent must demonstrate that all feasible alternatives have been considered, including:
(a) Regulating access through means such as maintaining a gate or limiting hours of use; and
(b) Separating uses and activities (using fences, hedges, landscaping, etc.).
(5) Public shoreline access provided by public road ends, public roads rights-of-way, public utilities and rights-of-way shall not be diminished by the County or neighboring property owners in accordance with RCW 36.87.130.
(6) The County shall evaluate existing public lands and access in the shoreline reach(es) as part of the findings of any decision involving requirements that private development provide for shoreline public access under this Program.