35.30.030 Regulations – General shoreline buffer and vegetation requirements.
(1) Shoreline Buffer Width. The area bordering all shoreline water bodies shall be designated as the shoreline buffer. New uses and developments shall be located landward of the shoreline buffers shown in Table 6-1 unless this Program specifically allows the use/development to occur within the shoreline buffer (see Figures 6-2 through 6-6 for example buffer scenarios for each designation – figures do not show all possible buffer scenarios). Shoreline buffers shall be measured in all directions from the ordinary high water mark. New uses and development may also be subject to additional buffers prescribed in Chapter 35.35 CCC due to the presence of critical areas.
(2) Minor and Major Shoreline Buffer Width. To determine the standard shoreline buffer width shown in Table 6-1, the Administrator shall evaluate each development proposal to determine if it qualifies as major new development or minor new development according to the following criteria:
(a) Minor New Development. Applies only to single-family development or low intensity, water-dependent recreational use/development on existing lots of record, unless the lots are part of a subdivision where specific development standards or buffers were required as part of the plat. Divisions of land creating new lots for residential or other developments are not considered minor development because they intensify development pressures along the shoreline. Minor new development must meet all of the following criteria:
(i) The amount of total clearing/land disturbance within shoreline jurisdiction must be the lesser of 15 percent of parcel area or 20,000 square feet; provided, that a minimum of 2,500 square feet shall be allowed; and
(ii) The amount of impervious area (including structures) within shoreline jurisdiction must be the lesser of five percent of the total parcel area or 6,500 square feet; provided, that a minimum of 2,000 square feet shall be allowed; and
(iii) The cumulative footprint of all structures on the parcels must be less than 4,000 square feet; and
(iv) The vegetation within the standard shoreline buffer must meet the cover and/or density standards in subsection (4) of this section. If the buffer vegetation does not meet the cover and/or density thresholds established in subsection (4) of this section the applicant shall be required to enhance and improve the buffer by planting trees and/or shrubs to achieve the required plant density and cover. The number, spacing and species to be planted shall be adequate to create a functioning buffer similar to what would be found on a relatively undisturbed site. The vegetation shall be nurtured and maintained to preserve the cover and density characteristics and ensure continuation of a healthy and functioning buffer over time.
(b) Major New Development. Any development that does not qualify as minor new development; any new subdivision or division of land creating new lots for development.
(3) Critical Area Buffers. Shoreline jurisdiction also extends to all lands necessary for buffers to protect critical areas and buffers that are overlapping or otherwise coincident with the shoreline jurisdiction pursuant to RCW 90.58.030(2)(d)(ii). Table 6-2 summarizes critical area buffer requirements. Chapter 35.35 CCC contains policies and standards for protection of critical areas within the shoreline jurisdiction including critical area buffer requirements.
(4) Shoreline Buffer Condition. Shoreline buffers shall be retained in a natural condition or may be improved to enhance buffer functions and values. The area within the shoreline buffer shall be maintained in a predominantly well vegetated and undisturbed condition defined as an average density of at least 150 trees and/or shrubs per acre or 55 percent areal cover of trees and/or shrubs, whichever is greater. The Administrator may allow exceptions when existing buffer vegetation does not meet this tree/shrub requirement for sites that are otherwise predominantly characterized by native vegetation. The vegetated areas shall comprise at least 80 percent of the buffer area. The remaining 20 percent, or at least 15 linear feet of the water frontage, whichever is greater, may be retained as lawn for active use. Low growing species that preserve views of the shoreline shall be allowed. Native vegetation is preferred but non-native ornamental trees and shrubs may be allowed as long as they provide similar habitat functions to native trees and shrubs. Invasive or noxious weed species shall not count toward the density or cover thresholds.
(5) Tree and Shrub Buffer Retention. There shall be no grading or removal of trees or shrubs greater than three inches in diameter at a height of five feet within the shoreline buffer unless the grading or tree removal is required to accommodate an approved shoreline use/development and is otherwise specifically allowed by this Program. This requirement shall not pertain to hazard tree and noxious weed removal authorized by this Program or to routine mowing.
(6) Lake Sutherland Buffer. In the Shoreline Residential – Intensive designation, single-family residential use and development that qualify as minor new development under subsection (2)(a) of this section shall be located at least 35 feet landward of the ordinary high water mark. The minimum 35-foot buffer is not eligible for further buffer reduction under CCC 35.30.040, 35.30.070, or 35.35.080. In addition to meeting the minimum 35-foot buffer, all minor new development shall avoid and minimize shoreline impacts consistent with the mitigation sequencing requirements of this Program. Furthermore, the landowner shall mitigate the impacts by selecting and implementing one of the following options (subsections (6)(a) and (6)(b) of this section) to maximize the ecological functions of the buffer zone:
(a) Plant woody cover to create a multitiered woody riparian area that meets all of the following criteria:
(i) Trees must be planted at 10-foot spacing (on center) and shrubs must be planted at six-foot spacing (on center) to create an average density of at least 150 woody stems per acre or 85 percent areal vegetative cover, whichever is greater; and
(ii) The planting plan shall be designed to optimize overhanging vegetation and woody debris recruitment; and
(iii) Trees and shrubs must be retained and maintained in perpetuity; and
(iv) Landowner must monitor and document plant establishment annually for at least five years and submit a written report of the buffer condition to the County Department of Community Development in October of each year; and
(v) Landowner must post a bond to cover all or a portion of the cost of the plant maintenance and annual monitoring; and
(vi) The County may require replanting or supplemental planting if the annual monitoring indicates that the plant density and cover standards are not being met.
(b) Implement a site-specific habitat management plan (HMP) for the property. The HMP need not necessarily involve planting to achieve the same plant cover and density standards required in subsection (6)(a) of this section, but shall otherwise maximize fish and wildlife habitat value and meet all of the following criteria:
(i) Describe the nature and intensity of the proposed development and the effect of the proposed development, activity or use on the wildlife species and habitats that occupy the lake and adjacent shoreline; and
(ii) Include a map prepared at a readable scale showing: the location of the proposed development site; the relationship of the site to surrounding topographic, water features, and existing and/or proposed building locations and arrangements; and a legend which includes a complete legal description, acreage of the parcel, scale, north arrows, and date; and
(iii) Identify the specific measures that will be implemented and maintained on the property to avoid, minimize and compensate for any adverse impacts to fish and wildlife habitats created by the proposed development (for example, this could include removing/reducing over-water structures or shoreline stabilization); and
(iv) Be prepared by a qualified professional who has been educated in fish or wildlife biology or a closely related field, and has professional experience as a biologist; and
(v) Use the most current, accurate, complete, available and applicable science in all facets of the analyses. The WDFW Priority Habitat and Species Management Recommendations, dated May 1991, and/or bald eagle protection rules outlined in WAC 232-12-292, as now or hereafter amended, and/or similar reference documents may serve as guidance for the plan; and
(vi) The plan must include performance standards and a program for annual monitoring for at least five years; and
(vii) The landowner must post a bond to cover all or a portion of the cost of the monitoring.
(c) If the landowner chooses to locate their minor new development at least 50 feet from the OHWM on a parcel that is less than 200 feet deep or at least 75 feet from the OHWM on a parcel that is more than 200 feet deep, no planting or HMP is required.
(d) All major new development on the Lake Sutherland shoreline shall meet the buffer requirements outlined in Table 6-1.
(7) Interrupted Buffer. The shoreline buffers shown in Table 6-1 shall apply to all parcels within shoreline jurisdiction; provided, that where there is a legally established, public or private (does not include driveways) roadway present, the buffer will end on the waterward side of the road and will not extend to the areas landward of the road. Likewise, in an existing subdivision where there is legally established residence on a developed lot waterward of an undeveloped lot, the buffer shall not extend onto the undeveloped lot.
(8) Multiple Buffers. In the event that buffers for any shorelines and/or critical areas are contiguous or overlapping, the landward-most edge of all such buffer shall apply unless this Program specifically allows the use/development to encroach into the buffer zone.
Shoreline Environment Designation | Standard Shoreline Buffer Width (feet) based Upon Type of Development and Lot Dimension (Measured from the ordinary high water mark – OHWM) | ||
|---|---|---|---|
Minor New Development on existing lots with < 200 ft. of depth from OHWM to rear lot line | Minor New Development on existing lots with ≥ 200 ft. of depth from OHWM to rear lot line | Major New Development, including all Land Divisions | |
Marine Waterfront | 50 feet | 75 feet | 100 feet |
Shoreline Residential – Intensive | 50 feet2 | 75 feet2 | 100 feet |
Shoreline Residential – Conservancy | 100 feet | 125 feet | 150 feet |
Resource Conservancy | 150 feet | 150 feet | 150 feet |
Natural | 175 feet | 175 feet | 175 feet |
1In the event that buffers for any shorelines and/or critical areas are contiguous or overlapping, the landward-most edge of all such buffers shall apply.
2Lake Sutherland – New single-family residential developments and uses in the Shoreline Residential – Intensive designation shall be at least 35 feet landward of the OHWM based on the criteria and standards of subsection (6) of this section.
Critical Area | Standard Buffer Width (feet) | More Standards |
|---|---|---|
Wetlands | 25 to 300 (depending on wetland category and characteristics) | |
Other streams in shoreline jurisdiction | 50 to 100 feet (depending on water type) | |
Terrestrial Habitat Conservation Areas | Per Habitat Management Plan (if required)2 | |
Landslide Hazard Area | ||
• Marine Bluff – Feeder Bluff Exceptional | 150 feet | |
• Marine Bluff – Feeder Bluff or Feeder Bluff Talus | 100 feet | |
• Other Landslide Hazard Area | 50 feet | |
• Channel Migration Zone | Based on Channel Migration Zone Assessment3 |
1Shoreline jurisdiction also extends to all lands necessary for buffers to protect critical areas and buffers that are overlapping or otherwise coincident with the shoreline jurisdiction pursuant to RCW 90.58.030(2)(d)(ii).
2The shoreline and critical area buffers in Tables 6-1 and 6-2 incorporate wildlife habitat and corridor protection areas, except where a larger buffer is required per a habitat management plan.
3Buffer not required if new development/use located outside of mapped potential channel migration zone.