Document klickitatcounty_gov_doc_2b7f41aefb

SHORELINES MANAGEMENT MASTER PLAN UPDATE July 15, 1996 Working Draft: June 2017 Prepared for Klickitat County Board of Commissioners District 1 Rex F. Johnston District 2 David Sauteer, Vice-Chairman District 3 Jim Sizemore, Chairman BY KLICKITAT COUNTY PLANNING DEPARTMENT AND KLICKITAT COUNTY SHORELINES ADVISORY COMMITTEE 228 West Main, MS: CH-17 Goldendale, Washington 98620 ---PAGE BREAK--- The Klickitat County Shoreline Master Plan is a document which was developed locally to implement the WA State Shoreline Management Act. The 1996 2018 Shoreline Master Plan Update utilizes the extensive efforts from the 1990 1996 Shoreline Master Plan Update process as a base and updates the Plan to reflect changes in State laws, environmental conditions, public input, local sentiment, and difficulties with implementation of the existing Shoreline Management Master Plan. ACKNOWLEDGEMENTS Many individuals provided valuable assistance and cooperation in preparing this report. In particular, the following individuals were instrumental in the successful completion of this project: Klickitat County Board of Commissioners Joan Frey, Chairman Ron Ihrig, Commissioner Sverre Bakke, Commissioner Klickitat County Planning Department Curt Dreyer, Planning Director Greg Ballard, Associate Planner Linda Randall, Secretary Lori Anderson, Mapping Technician Klickitat County Planning Commission James Dean, Chairman Sondra Clark, Vice Chair Craig Schuster Jim White Barton Crall Randy Knowles Dennis Jaekel Eleonora Van Ham Shorelines Advisory Committee Phil Zoller, Chairman Dan Gunkel, Vice Chairman Bill Locke Nate Putnam Greg Pennyroyal Tom Miller Linda Lasley Alice Courtnery Dave Griffin ---PAGE BREAK--- Other Participants Mike Kania, U.S. Forest Service Steve Mellor, U.S. Forest Service Steve Brown, WA State Department of Natural Resources Pete Stocks, WA State Department of Natural Resources Carl Dugger, WA State Department of Fish and Wildlife Elmer Stacy, Klickitat County Port District Doug Pineo, WA State Department of Ecology Cathy Reed, WA State Department of Ecology Peter Skowland, WA State Department of Ecology Steve Tessmer, Gorge Associates Kathleen Mccuiston, Klickitat County Port District Scot Nicolai, Yakama Indian Nation Bill Sharp, Yakama Indian Nation Jim Mathews, Yakama Indian Nation Steve Stampfli, Natural Resource Conservation District Jason Spadero, S.D.S. Lumber Co. Steve Andersen, Cascade Planning ---PAGE BREAK--- ORDINANCE 0071596 BOARD OF COUNTY COMISSIONERS OF KLICKITAT COUNTY, WASHINGTON IN THE MATTER OF COUNTY PLANNING RE: THE 1996 SHORELINE MASTER PLAN UPDATE. APPLIANT: KLICKITAT COUNTY PLANNING DEPARTMENT WHEREAS, the Klickitat County Responsible Official issued a Determination of Non-Significance, EC-96-06, on March 21, 1996 and WHEREAS, WAC 173-16 states the Shoreline Management Act requirements for updating master plans. In accordance with the state requirements, a Shoreline Advisory Committee (SAC) was formed, and 11 meetings were held from March 1995 to February 1996. As required, a notice was published in the Goldendale Sentinel and White Salmon Enterprise the weeks of March 18th, 25th, and April 1st, and WHEREAS, the Planning Commission held public hearings on April 15 and May 20, 1996; received public testimony; reviewed the SAC recommendations; made changes to the SAC recommendations as reflected in the Staff Proposed Changes dated June 17, 1996; and adopted findings and conclusions recommending approval of 1996 SMP Update as amended, and WHEREAS, this Board set a public meeting for July 8, 1996 at 1:30 p.m. in the Commissioners’ meeting room in the Klickitat County Courthouse to consider the recommendation of the Planning Commission, and WHEREAS, at said meeting the Board reviewed the SAC and Planning Commission’s record, and concurred with the Planning Commission’s recommendation. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners hereby adopts the findings of fact and conclusions of the Planning Commission, and approves the 1996 SMP Update. DATED this 15th day of July, 1996. Joan Frey, Chairman Ron Ihrig, Commissioner Sverre Bakke, Commissioner Constituting the Klickitat County Board of Commissioners, Klickitat County, WA ATTEST: Diana Housden Ex-Officio Clerk of the Board ---PAGE BREAK--- IN THE MATTER OF THE ) FINDING OF FACT, CONCLUSIONS 1996 SHORELINE MASTER ) AND DECISION OF THE KLICKITAT PLAN UPDATE ) COUNTY PLANNING COMMISSION This matter came before the Klickitat County Planning Commission as a public hearing on April 15, 1996, and continued to May 20, 1996, for consideration of the 1996 Shoreline Master Plan Update, as recommended by the Shoreline Advisory Committee. Having reviewed the record the Planning Commission finds and concludes as follows: FINDINGS OF FACT CONCLUSIONS 1. The proposal is consistent with the requirements of the WA State Shoreline Management Act. 2. The proposal is consistent with the Klickitat County Environmental Ordinance. 3. The WA State Shoreline Management Act (SMA) requires local jurisdictions to periodically update their master plan. The last update to the Klickitat County Shoreline Master Plan was 1990. 4. The SMA requires that a Shoreline Advisory Committee (SAC) be formed for any substantive changes to the local plan. A nine member SAC was formed, and 11 meetings were held from March 1995 to February 1996. The recommendations and minutes from the SAC were forwarded to the Planning Commission (PC) at the march 18, 1996 workshop. 5. The PC reviewed the SAC recommendations regarding the 1996 SMP Update. The changes made by the PC are reflected in the Staff Proposed Changes date June 17, 1996. With the exemption of these changes, the PC adopted the SAC recommendations. 6. The SMA requires that the public hearing notices for the SMP update are published in the Goldendale Sentinel and White Salmon Enterprise the weeks March 18th, 25th, and April 1st. The PC received written and verbal testimony at the April 15, 1996 and May 20, 1996 PC meetings. 7. A SEPA checklist was completed and a Determination of Non-Significance, EC-96-06, was issued on March 21, 1996. The comment/appeal period ended on April 4, 1996. No appeals were filed. DECISION Based on the aforementioned Findings of Fact, it is moved and seconded to approve the 1996 Shoreline Master Plan Update. Based on the motion by the Planning Commission, the following is a record of that vote: MEMBER YES NO ABSTAIN ABSENT 1. Craig Schuster X 2. Mat Spalding X 3. Jim White X 4. Bart Crall X 5. Randy Knowles X 6. Sondra Clark X 7. Dennis Jaekel X 8. Eleonora Van Ham X 9. James Dean X Entered this 17th day of June 1996. Sondra Clark, Vice Chairman Klickitat County Planning Commission INSERT TABLE OF CONTENTS ---PAGE BREAK--- TABLE OF CONTENTS 1 1 1.1 Relationship to the Shoreline Management Act 2 1.2 Purpose and Intent 2 1.3 Goals and Objectives 3 1.4 Plan Scope 3 2 SHORELINE MASTER PLAN ELEMENTS 7 2.1 Introduction 7 2.2 Economic Development Element 7 2.3 Public Access Element 9 2.4 Circulation 10 2.5 Recreation Element 10 2.6 Historical/Cultural 12 2.7 Conservation Element 13 2.8 Residential 16 2.9 Shoreline Use Element 17 2.10 Private Property Rights 19 3 SHORELINE ENVIRONMENT DESIGNATIONS 21 3.1 Natural 23 3.2 Conservancy 24 3.3 Rural 25 3.4 Community 26 3.5 Urban/Industrial 26 3.6 Aquatic 27 3.7 Official Shoreline Maps and Unmapped or Undesignated Shorelines 28 4 SHORELINE USE AND MODIFICATION POLICIES AND REGULATIONS 29 4.1 Introduction 29 4.2 Use and Modification Matrix 30 4.3 Dimensional Standards 33 4.4 General Policies and Regulations 34 4.4.1 Ecological Protection and Critical Areas 34 4.4.2 Archaeological Areas and Historic Sites 49 4.4.3 Public Access 51 4.4.4 Water Quality, Storm Water, and Nonpoint Pollution 56 4.4.5 Vegetation Conservation 58 4.4.6 Flood Hazard Reduction 59 4.5 Resource Based Activities 63 4.5.1 Agricultural Practices 63 4.5.2 Aquaculture 67 4.5.3 Forest Management Practices 69 4.5.4 Mining 71 4.6 Development Activities 74 4.6.1 Commercial Development 75 4.6.2 In-stream Structures 77 ---PAGE BREAK--- 4.6.3 Marinas and Boating Facilities 77 4.6.4 Outdoor Advertising, Signs and Billboards 79 4.6.5 Piers and Docks 80 4.6.6 Ports and Industrial Development 82 4.6.7 Recreation 85 4.6.8 Residential Development 87 4.6.9 Transportation Facilities 91 4.6.10 Solid Waste Disposal 93 4.6.11 Utilities 94 4.7 Shoreline Modification Activities 96 4.7.1 General Shoreline Modification Requirements 96 4.7.2 Breakwaters, Jetties, Groins and Weirs 98 4.7.3 Dredging 103 4.7.4 108 4.7.5 Clearing and Grading 110 4.7.6 Shoreline Stabilization 112 4.7.7 Shoreline Habitat and Natural Systems Enhancement Projects 119 5 ADMINISTRATION, PERMITS AND ENFORCEMENT 121 5.1 Permits for Developments on the Shorelines of the State 121 5.2 Permit Exemptions 122 5.3 Shoreline Permit Applications 125 5.4 Shoreline Substantial Development Permits 126 5.5 Shoreline Conditional Use Permits 126 5.6 Shoreline Variance Permits 127 5.7 Timing and Duration of Permits 128 5.8 Pre-Existing Uses 129 5.9 Nonconforming Development Standards (WAC 173-27-080) 129 5.10 Administration 131 5.11 Enforcement and Penalties 132 5.12 Shorelines Permit Procedure 134 5.13 Notice 139 5.14 Revisions to Permits 139 APPENDICES 141 SECTION ONE INTRODUCTION 2 PURPOSE AND INTENT OF THE 1996 KLICKITAT COUNTY SHORELINE MASTER PLAN UPDATE 3 GOALS AND OBJECTIVES OF THE 1996 KLICKITAT OCUNTY SHORELINE MASTER PLAN UPDATE 3 ---PAGE BREAK--- PLAN SCOPE 4 SHORELINES OF THE STATE AND COUNTY 4 SECTION TWO MASTER PROGRAM ELEMENTS GOALS, OBJECTIVES AND POLICIES - INTRODUCTION 7 ECONOMIC DEVELOPMENT ELEMENT 7 PUBLIC ACCESS ELEMENT 8 CIRCULATION ELEMENT 9 RECREATION ELEMENT 10 HISTORICAL/CULTURAL ELEMENT 11 CONSERVATION ELEMENT 12 RESIDENTIAL ELEMENT 15 SHORELINE USE ELEMENT 16 SECTION THREE SHORELINE ENVIRONMENTS 19 NATURAL BUFFER ZONE 20 NATURAL ENVIRONMENT 21 CONSERVANCY ENVIRONMENT 21 RURAL ENVIRONMENT 22 COMMUNITY 22 URBAN/INDUSTRIAL ENVIRONMENT 22 SECTION FOUR SHORELINE USE ACTIVITIES/GENERAL USE POLICIES AND REGULATIONS 24 ---PAGE BREAK--- GENERAL POLICIES 24 GENERAL 24 ENVIRONMENTAL IMPACTS 24 ENVIRONMENTALLY SENSITIVE AREAS 25 ARCHAEOLOGICAL AND HISTORICAL SITES 28 PUBLIC ACCESS 29 RESOURCE BASED ACTIVITIES AGRICULTURE PRACTICES 33 AQUACULTURE 35 FOREST MANAGEMENT PRACTICES 37 39 DEVELOPMENT ACTIVITIES COMMERCIAL DEVELOPMENT 43 MARINA AND BOATING FACILITIES 45 OUTDOOR ADVERTISING, SIGNS & BILLBOARDS 46 PIERS AND DOCKS 47 PORTS AND WATER-RELATED INDUSTRY 49 RECREATION 51 RESIDENTIAL DEVELOPMENT 53 ROADS AND RAILROAD DESIGN & CONSTRUCTION 56 SOLID WASTE DISPOSAL 58 UTILITIES 58 ---PAGE BREAK--- SHORELINE MODIFICATION ACTIVITIES BREAKWATERS 62 BULKHEADS 62 DREDGING 65 JETTIES AND GROINS 68 LANDFILLING 69 CLEARING AND GRADING 71 SHORELINE ALTERATION 72 SECTION FIVE PERMITS FOR DEVELOPMENTS ON THE SHORELINES OF THE STATE 77 PERMIT EXEMPTIONS 77 DEVELOPMENTS EXEMPT FROM SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENTS 78 SHORELINE CONDITIONAL USE PERMITS 80 SHORELINE VARIANCE PERMITS 80 TIMING AND DURATION OF PERMITS 81 KLICKITAT COUNTY SHORELINE MASTER PROGRAM SUMMARY 82 PRE-EXISTING USES 83 NON-CONFORMING DEVELOPMENT STANDARDS 83 ADMINISTRATION 84 ENFORCEMENT AND PENALITIES 85 SHORELINES PERMIT PROCEDURES 87 APPEALS 88 ---PAGE BREAK--- KLICKITAT COUNTY SHORELINES MASTER PLAN PERMIT PROCEDURES 89 APPENDICES GLOSSARY 95 REGULATORY AUTHORITIES 100 MAPS LEGAL DESCRIPTION 103 MAP - Insert ---PAGE BREAK--- 1 1 SECTION ONEINTRODUCTION INTRODUCTION PURPOSE AND INTENT OF THE 1996 KLICKITAT COUNTY SHORELINE MASTER PLAN UPDATE GOALS AND OBJECTIVES OF THE 1996 KLICKITAT OCUNTY SHORELINE MASTER PLAN UPDATE SCOPE SHORELINES OF THE STATE AND COUNTY ---PAGE BREAK--- 2 1.1 Relationship to the Shoreline Management Act INTRODUCTION The Washington State Shoreline Management Act of 1971 was mandated by the people of the State and passed by the Washington State Legislature in 1972. The purpose of the Shoreline Management Act is “to protect the unique and diverse shorelines areas against poor management and destructive usage through a sound comprehensive management program.” The Act called for the development of county shoreline plans. County shoreline plans consist of goals, policies, environment designations and use regulations; all aimed at controlling development and use of rivers, lakes, and wetlands located within the flood plain of associated shorelines. In compliance with the Act, Klickitat County subsequently developed the Klickitat County Shorelines Master Plan that states “the citizens of Klickitat County take pride in its shorelines and see the Plan as an opportunity to preserve their beauty and value for future generations. Klickitat County is responsible for reviewing and updating the Plan at least once every two years. In addition to the regularly scheduled review and update, management of the White Salmon and Klickitat Rivers must be considered for designation as components of the National Wild and Scenic Rivers System. The Columbia River Gorge National Scenic Area Act of 1986 designated the lower Klickitat River as a National Scenic Recreational River, and the lower White Salmon River as a National Scenic River. Additionally, the Gorge Act required that the upper portions of both rivers be studied to determine their suitability for addition to the System. Pursuant to the Wild and Scenic Rivers Act, the United States Department of Agriculture, and United State Forest Service (USFS) has Developed management plans for the lower portion of the Rivers and 2) studied all reasonable proposals for river use and management, including potential addition into the Wild and Scenic Rivers system of the upper portions of the Rivers. These river management plans were completed in November 1991 by the USFS. The plans state general principles for land and easement acquisitions, types and amount of use that rivers can sustain without adverse effect to river values, as well as specific measures to be used for river management and shoreline protection. This is the first update and revision of the Klickitat County Shoreline Master Plan since the completion of these Wild and Scenic River Management plans. This update addresses management of these Wild and Scenic Rivers and provides basic protection to many of the Wild and Scenic River values. However, it should be noted that, through this update of its shoreline master plan, Klickitat County does not provide full protection of the lower White Salmon and Klickitat River. Klickitat County recognizes that the USFS has additional responsibilities, including land and easement acquisitions along these rivers. The USFS responsibilities are outlined in the 1991 River Management Plan and are intended to provide for protection of these shorelines under the Wild and Scenic Rivers Act. 1.2 Purpose and Intent PURPOSE AND INTENT OF THE 1996 KLICKITAT COUNTY SHORELINE MASTER PLAN UPDATE The purpose and intent of the 1996 2018 Klickitat County Shorelines Master Plan Update are as follows: 1. Klickitat County recognizes the importance of the county's shorelines to the welfare of the county. The shorelines provide fishing, rafting and other recreational potential; provide fish and wildlife habitat; provide water for residential, commercial, industrial, and agricultural uses; bring tourism to our county; make Klickitat County a desirable place to live; produce electricity; provide water recharge areas, and flood storage capacity. The County's commitment to protect it’s shorelines is reflected by the Klickitat County Shoreline Master Plan which provides safeguards in excess of those required by the WA State Shoreline Management Act. The Klickitat County Shoreline Master Plan provides a locally developed, long term management plan for the Klickitat and White Salmon RiversCounty’s Shorelines. ---PAGE BREAK--- 3 2. To meet the RCW 90.58 the Klickitat County Shoreline Master Plan has been developed to ensure that appropriate development/activities occur on shorelines of state-wide significance. Proposed development/activities on shorelines of state-wide significance shall be evaluated in a manner that will give preference to uses in the following order: Recognize and protect the state-wide interest over local interest; Preserve the natural character of the shoreline; Result in long term over short term benefit; Protect the resources and ecology of the shoreline: Increase public access to publicly owned areas of the shoreline; Increase recreational opportunities for the public in the shorelines; Provide for any other element as defined in RCW 90-58-100 deemed appropriate or necessary. 3. Future Shoreline Master Plan Updates will incorporate future environmental management policies and regulations including, but not limited to, FEMA, Comprehensive Floodplain Plan, NRCS water quality studies, wetlands management, Forest Practice Act revisions, and other pertinent studies and/or regulations: 4. To make the Klickitat County Shoreline Master Plan easier to understand by the public, and ensure consistent implementation by the county; to reduce duplication between the various levels of government and streamline the permitting process.; to provide greater predictability regarding proposed development/ activities within the shoreline jurisdiction. 5. To reflect changing regulations, and improve implementation and compliance since the last Klickitat County Shoreline Master Plan Update. 1.3 Goals and Objectives GOALS AND OBJECTIVES OF THE 1996 KLICKITAT COUNTY SHORELINE MASTER PLAN UPDATE The goals of this planning effort are to: 1) protect the existing natural qualities of all Klickitat County Rivers, to the fullest extent possible under the Shoreline Management Act; 2) provide a locally developed long term management plan for the White Salmon and Klickitat Rivers that meets the goals of the Wild and Scenic Rivers Act and the Shoreline Master Management Plan, while simultaneously providing the United States Forest Service with a basis for their overall Wild and Scenic Rivers Management Plan; and 3) provide the shorelines of the Columbia River with management guidelines compatible with the goals of the Columbia River Gorge National Scenic Area. To accomplish these goals, the objectives are: 1. To re-examine shoreland areas and designate these as Natural, Conservancy, Rural, Community, or Urban/Industrial Environments, depending on goal related, site-specific criteria; 2. To revise use activities within designated environments which help meet the goals, policies, and environmental criteria, and 3. To conduct Shoreline Advisory Committee meetings and necessary public hearings, and present recommendations of said meetings and hearings to the legislative body for enactment of this update. 1.4 Plan Scope 1. Shorelines In order to effectuate various provisions of the Shoreline Management Act, the State Legislature found it necessary to establish criteria for determining exactly which shorelines should fall subject to the various management programs. ---PAGE BREAK--- 4 The Shoreline Management Act, Chapter 90.58 RCW, applies to all streams with a mean annual flow greater than 20 cubic feet per second and lakes, impoundments, and reservoirs equal to or larger than 20 acres. It applies to lands extending landward 200 feet from the ordinary high water line or floodways, whichever is greater, on these waters and to all land underlying these waters. It also applies to wetlands (marshes, bogs, and swamps), located within the 100-year floodplain, which are associated with sShorelines and sShorelines of sState-wide sSignificance and floodplain areas within 200 feet of a mapped floodway. The term Shoreline means all of the water areas of the state, including reservoirs, and their associated shoreland areas, together with the lands underlying them except: 1. Shorelines of sState-wide sSignificance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. 2. Shorelines of State-wide Significance The Shorelines Management Act recognizes certain water bodies as being important to the people of the entire state and designates these water bodies as sShorelines of sState-wide sSignificance. Within Klickitat County the shorelines of the Columbia River, the Klickitat River, Trout Lake Creek, and the White Salmon River are recognized as deserving consideration beyond that prescribed to other water bodies, and requiring goals of their own. Since these specified shorelines are major resources from which all people in the state derive benefit, the Klickitat Shoreline Master Planrogram will, in the following order of preference: 1. Recognize and protect statewide interest over local interest; 2. Preserve the natural character of the shorelines; 3. Address uses which result in long-term over short-term benefits; 4. Protect the resources and ecology of the shorelines; 5. Increase public access to publicly owned areas of the shoreline, as deemed appropriate and demand warrants. 5.6. Increase recreational opportunities for the public on the shorelines when deemed feasible and appropriate; and 6.1. Increase public access to publicly owned areas of the shoreline, as deemed appropriate and demand warrants. Management of shorelines and sShorelines of sState-wide sSignificance is not limited to the water areas or to the underlying stream beds, but includes shoreland areas associated with the lakes and streams. Definition of shoreland, from RCW 90.58.030 is as follows: "Shoreland" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water line; floodways and contiguous flood plain areas landward two hundred feet from such floodways; and all wetlands (marshes, bogs, swamps,) located within the 100- year flood plain which are associated with shorelines and sShorelines of sState-wide sSignificance and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology. The specific provisions of the Shoreline Management Act apply not only to those areas situated within 200 horizontal feet of the ordinary high water mark, or floodway, but also to wetlands (marshes, bogs, swamp areas) located within the 100- year flood plains associated with the water bodies . Klickitat County’s adoption of associate wetland designation maps was approved June 30, 1972. Approved revisions were recorded on August 28, 1973, September 20, 1977, and July 2, 1980, under WAC [SSN REDACTED]. WA State Department Fish and Wildlife Priority Habitats and Species Inventory Date, drafted February 8, 1994, which includes the National Wetland Inventory was utilized in the 1996 Shoreline Master Plan Update. According to WAC 173-22-050, these designations are to be reviewed and revised as may be appropriate by the Department of Ecology, at least once in ---PAGE BREAK--- 5 every five- year period, beginning June 1, 1976, or as early before that date as deemed necessary by that agency. The Klickitat County Shoreline Master Plan designates wetlands associated with Trout Lake and Conboy Lake. Wetland area designation criteria, WAC 173-22-040, contain standards for the Department of Ecology's designation of wetland areas associated with shorelines of the state, which are subject to the jurisdiction of Chapter RCW 90.58. The total of all Shorelines and sShorelines of sState-wide sSignificance are referred to in the Shoreline Management Act as Shorelines of the State. The WAC listing of shoreline waterbodies is no longer accurate. The County therefore should include the approved list of waterbodies and their upstream extent in the SMP, see table below. The streams and rivers constituting Shorelines of the State, as set forth in WAC 173-18-240, are located in Appendix E, which includes maps and legal descriptions. Within Klickitat County, all or a portion of the waters listed in Table 1-1 are considered “shorelines of the state” and are subject to the provisions of this Master Program. Where applicable, the upstream extent of shoreline jurisdiction for each waterbody, by section, township, and range, is included in parentheses. Asterisks indicate those sShorelines of sState-wide sSignificance, all others are considered shorelines. Table 1-1. Waterbodies in Klickitat County shoreline jurisdiction Shoreline Rivers and Streams Bowman Creek (T05NR14E14) Holmes Creek (T05NR11E02) Satus Creek (T06NR18E05) Buck Creek (T04NR10E16) Klickitat River* Snyder Canyon Creek (T04NR13E08) Camas Ditch and Outlet Creek Little Klickitat River (T05NR17E10) Summit Creek Cave Creek (T06NR10E32) Little White Salmon River (T05NR10E31) Swale Creek (T03NR15E15) Columbia River* Major Creek Trout Creek Dead Canyon Creek (T05NR13E02) Major Creek, West Fork (T03NR11E02) Trout Lake Creek* Dry Creek Mill Creek (T05NR15E15) White Creek Frasier Creek Outlet Creek White Salmon River* Gilmer Creek (T04NR10E1) Rattlesnake Creek (T05NR12E30) Shoreline Lakes Chamberlain Lake Horsethief Lake Mill Pond Rowland Lake All of the Columbia River within Klickitat County is under federal jurisdiction. The Columbia River system includes Miller Island, Browns Island, and other unnamed islands, as well as three reservoirs created from dam construction, Horsethief Lake, Chamberlain Lake, and Rowland Lake. Klickitat County lakes coming under purview of WAC 173-20-420 are listed belowabove under Table 1-1. By definition, "lakes" means all the surface water areas of the state including reservoirs except Lakes less than twenty acres in size; Streams or river; and Shorelines of statewide significance. Klickitat County has no lakes of state-wide significance, meaning, those lakes, whether natural, artificial or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water line. Development of land within the Columbia River Gorge National Scenic Area is subject to the Columbia River Gorge National Scenic Area Act, the Management Plan for the Columbia River Gorge National Scenic Area, and land use regulations adopted by the Columbia River Gorge Commission in addition to any land use plans and regulations adopted by, and building permits required by, Klickitat County. ---PAGE BREAK--- ---PAGE BREAK--- 7 2 SECTION TWOSHORELINE MASTER PLAN PROGRAM ELEMENTS GOALS, OBJECTIVES AND POLICIES • ECONOMIC DEVELOPMENT ELEMENT • PUBLIC ACCESS ELEMENT • CIRCULATION ELEMENT • RECREATION ELEMENT • HISTORICAL/CULTURAL ELEMENT • CONSERVATION ELEMENT • RESIDENTIAL ELEMENT • SHORELINE USE ELEMENT In order to avoid disjointed policies, the element policies have been moved to applicable locations throughout the Master Plan. 2.1 Introduction Klickitat County enjoys an outstanding natural setting along the Columbia River, with a wide variety of mountain and plateau rivers and streams. To preserve and enhance these desirable qualities, the county's future development must be carefully planned. In this view, the Shorelines Master Plan Program is directed toward aiding the citizens of Klickitat County in protecting, preserving and restoring their natural amenities, while at the same time, providing for orderly economic development and growth. The Klickitat County Shoreline Master Plan identifies eight land use elements that are to be managed for in the development of area wide shoreline goals. They include: Economic Development, Public Access, Circulation, Recreation, Historical/Cultural Preservation, Conservation, Residential Development and Shoreline Use. These shoreline elements are the foundation and framework on which the balance of the Shoreline Master Plan Program has been developed. 2.2 Economic Development Element The economic development element is concerned with the location and design of industries, transportation facilities, port facilities, tourist facilities, commercial and other developments that are particularly dependent on shoreline locations. GOAL: SHORELINE DEPENDENT DEVELOPMENT SHOULD PROVIDE LONG RANGE BENEFIT TO KLICKITAT COUNTY CITIZENS AND THEIR ECONOMIC PURSUITS WHILE ASSURING COMPATIBILITY WITH THE NATURAL ENVIRONMENT AND PHYSICAL DEVELOPMENT GOALS FOR SHORELINE AREAS. OBJECTIVES: A. To encourage the maintenance and enhancement of existing industrial and commercial activities along the shoreline. Rather than being dispersed, shoreline industry and commerce should be encouraged to locate in existing publicly identified and developed areas to the extent of the land and water carrying capacity. Policy 1 To relieve stress on less developed areas, new economic development should be encouraged to locate in intensive use areas which can be upgraded and redeveloped. ---PAGE BREAK--- 8 Policy 2 New economic development should be encouraged to cluster whenever feasible. Policy 3 Economic development involving high intensity commercial land use should be confined to Urban/Industrial Environments. Policy 4 Economic uses and activities should place inland all non-shoreline dependent elements. Those non-shoreline dependent uses which are allowed to remain may have moderate modification and reconstruction. B. Shoreline economic development should provide public physical and visual availability to the water, consistent with public health and safety. Policy 1 Public access and overlook points should be incorporated into industrial site plans. Policy 2 Port facilities should be designed to provide public physical and visual access to the water, consistent with public health and safety. C. Shoreline economic development should be constructed and operated in a manner to minimize detrimental effects on both the land or water environments Policy 1 New development should avoid temperature changes, accumulation of debris, bank erosion, turbidity, and other changes in water quality. Policy 2 During excavation and other erosion and sediment activities, appropriate sediment control procedures and devices should be used to protect a watercourse. Policy 3 Structures placed in the water for economic purposes should be designed to minimize obstructions to natural circulation and movement of water, sediments and indigenous aquatic life. Policy 4 Economic development should be prohibited in identified unique, fragile, or sensitive areas. Policy 5 Economic development which reduces water surface or flood plain storage capacity should not be permitted, except where a shoreline dependent use serves an overriding public interest; the flood hazard is not increased; and there are no reasonable alternative construction sites. D. Whenever feasible, shoreline economic development sites should be planned so as to provide multiple use of the shorelines of Klickitat County. Policy 1 Shoreline industrial developments should be encouraged to provide public fishing piers, boat ramps, shoreline access and other facilities. Policy 2 Shoreline areas that are well suited to water dependent/water-related economic activities should be identified and protected for those uses. E. Priority should be given to those shoreline economic developments which maintain options for future users of the water. Policy 1 Economic activities which convert shoreline resources to irreversible uses should be minimized. Policy 2 Economic development of renewable over non-renewable resources should be given priority. ---PAGE BREAK--- 9 2.3 Public Access Element The public access element deals with a need in providing shoreline access to the general public. GOAL: TO DEVELOP A KLICKITAT COUNTY SHORELINE PUBLIC ACCESS SYSTEM THAT INCREASES THE AMOUNT AND DIVERSITY OF PUBLIC ACCESS TO SHORELINE AREAS CONSISTENT WITH PRIVATE RIGHTS, PUBLIC SAFETY AND THE NATURAL SHORELINE CHARACTER. OBJECTIVES: A. Respect and protect the enjoyment of private rights on shoreline Property in public access development. Policy 1 Shoreline access areas should be planned to include ancillary facilities such as parking and sanitation when appropriate. Policy 2 Shoreline access should be designed and developed to provide adequate protection for adjacent private property. B. Public access design should provide for public health, safety and enjoyment. Policy 1 Public access should be improved and policed on publicly owned shorelines consistent with intensity of use. Policy 2 Appropriate signs should be used to designate publicly-owned shorelines. Policy 3 Facilities in public access areas should be properly maintained and operated. Policy 4 Public access to and along the water’s edge should be available in publicly-owned shorelines that are tolerant of human activity. Policy 5 Within the shoreline environment, pedestrian and non-motorized access should be encouraged. C. Priority for access acquisition should consider resource desirability availability and proximity of population. Policy 1 A shoreline element in the parks acquisition and development program should be encouraged so that future shoreline access is acquired and developed by established criteria and standards as part of an overall master plan. D. Public access should be provided in new shoreline developments. Policy 1 Private property owners should be encouraged and offered incentives to provide shoreline access. Policy 2 Public pedestrian easements should be provided in future land use acquisitions whenever shoreline features are appropriate for public use. Policy 3 Access development should respect and protect ecological and aesthetic values in the shorelines of the state. ---PAGE BREAK--- 10 2.4 Circulation Element The circulation element deals with the location and extent of existing and proposed major thoroughfares, transportation routes, terminals and other public facilities and coordinating these facilities with the shoreline use elements. GOAL: DEVELOP SAFE, CONVENIENT AND DIVERSIFIED CIRCULATION SYSTEMS TO ASSURE EFFICIENT MOVEMENT OF PEOPLE AND GOODS DURING THEIR DAILY AND OTHER ACTIVITIES WITH MINIMUM DISRUPTION TO THE SHORELINE ENVIRONMENT AND MINIMUM CONFLICT BETWEEN DIFFERENT USERS AND SYSTEMS. OBJECTIVES: A. New surface transportation development should be designed to provide the best possible service with the least possible infringement upon the shoreline environment. Policy 1 Transportation corridors should be designed to harmonize with local topography and other natural characteristics of the shoreline through which they traverse. Policy 2 Surface transportation facilities in shoreline areas should be set back from the ordinary high water line far enough to make unnecessary such protective measures as rip-rap or other bank stabilization, landfill, bulkheads, groins, jetties or substantial site regrade. Policy 3 New surface transportation development should be designed to provide the best possible service with the least impact upon the physical shoreline environment and existing shoreline uses. Policy 4 New transportation development in shoreline areas should provide turnout areas for scenic stops and off-road rest areas where topography, view and natural features warrant. Policy 5 Shoreline circulation corridors with unique or historic significance or of great aesthetic quality should be retained and maintained for those characteristics. B. Shoreline circulation systems should encourage alternative routes and modes of travel. Policy 1 Future development and maintenance of the Klickitat County Paths and Trails Plan should be encouraged to integrate with the overall Shoreline Plan and existing circulation and transportation systems. Policy 2 Circulation routes should provide for non-motorized means of travel. C. Circulation systems should be located and attractively designed so as not to pollute the physical environment or reduce benefits people derive from their property. Policy 1 Transportation facilities providing access to shoreline developments should be planned and designed in scale and character with the use proposed. Policy 2 Transportation facilities and circulation facilities disruptive to public shoreline character which cannot feasibly be relocated should be conditioned or landscaped to minimize visual and noise pollution. 2.5 Recreation Element The Recreation Element deals with the preservation and expansion of recreational opportunities through programs of acquisition, development, and various means of less-than-fee acquisition. ---PAGE BREAK--- 11 GOAL: PROVIDE DIVERSE SHORELINE WATER DEPENDENT AND WATER-RELATED RECREATION OPPORTUNITIES THAT ARE CONVENIENT AND ADEQUATE FOR THE RECREATIONALIST IN KLICKITAT COUNTY CONSISTENT WITH THE CARRYING CAPACITY OF THE LAND AND WATER RESOURCES, AND TO ENCOURAGE THE ACQUISITION OF ADDITIONAL SHORELINE PROPERTIES FOR RECREATIONAL USE, CONSISTENT WITH PROTECTION OF PRIVATE PROPERTY RIGHTS, TO ASSURE THAT EXISTING RECREATIONAL SITES CAN BE MAINTAINED IN A MANNER THAT PRESERVES THE RESOURCES THAT CREATED THE DEMAND FOR THEIR USE. OBJECTIVES: A. Areas containing special shoreline recreation qualities not easily duplicated should be made available for public use and enjoyment. Policy 1 Public viewing and interpretation should be encouraged at or near industrial, commercial and governmental shoreline activities when consistent with security and public safety. Policy 2 Opportunities should be provided for the public to understand natural shoreline processes and experience natural resource features. B. Shoreline recreational use and development should enhance environmental quality with minimal adverse effect on the natural resources. Overall design and development of shoreline recreational areas should be responsive to site characteristics of those areas and be consistent with the level of use in the area of concern. Policy 1 Stretches of relatively inaccessible and unspoiled shoreline should be available and designated as low intensity recreational use areas with minimal development; service facilities such as footpaths, periphery car parks and adequate sanitary facilities should only be allowed where appropriate, and should be designed to minimize impacts. Policy 2 Beaches and other predominantly undeveloped shorelines already popular should be available and designated as medium intensity recreational use areas to be free from expansive development; intensity of use should respect and protect the natural qualities of the area. Policy 3 Small or linear portions of a shoreline suitable for recreational purposes should be available and designated as transitional use areas that allow for variable intensities of use, which may include vista points, pedestrian walkways, water entry points, and access from the water; utilizing stream floodplains, street ends, steep slopes and shoreline areas adjacent to waterfront roads. Policy 4 At suitable locations, shorelines should be made available and designated as high intensive use areas that provide for a wide variety of activities. Policy 5 Access to recreational shoreline areas afforded by water and land circulation systems should be determined by the concept of optimum carrying capacity and recreational quality. Policy 6 Non-water oriented recreational facility development should be kept on lands away from the water’s edge except where appropriate in high intensive shoreline use areas. C. A balanced variety of recreational opportunities should be provided regionally for people of different ages, health, family status and financial ability. Policy 1 Appropriate specialized recreation facilities should be provided for the handicapped or others who might need them. ---PAGE BREAK--- 12 Policy 2 Shoreline recreation areas should provide opportunities for different use intensities ranging from low (solitude) to high (many people). Policy 3 Opportunities for shoreline recreational experiences should include a wide range of accessibility and duration of use options. Policy 4 Shoreline recreational experiences should include a wide range of different areas from remote outdoor undeveloped areas to higher developed indoor-outdoor areas. Policy 5 Recreational development should meet the demands of population growth consistent with the carrying capacity of the land and water resource. 2.6 Historical/Cultural Element The Historical/Cultural Element is intended for the protection and restoration of buildings, structures, sites and shorelines areas having historic, cultural, educational or scientific values. GOAL: SHORELINE FEATURES HAVING HISTORIC, CULTURAL, SCIENTIFIC OR EDUCATIONAL VALUE LOCALLY OR REGIONALLY, SHOULD BE DESIGNATED AND THEN RETAINED AND PROTECTED. OBJECTIVES: A. Public and private cooperation in site preservation and protection should be encouraged. Policy 1 Klickitat County should create the means for establishing a County register of historic buildings, sites and districts including those on shorelines. Policy 2 There should be incentives to encourage private owners to preserve such designated sites. Policy 3 Whenever possible, public or private developments should be prevented from destroying or destructively altering any designated site having historic, cultural, scientific, or educational value as identified by appropriate authorities. Policy 4 Klickitat County should preserve sites on County property with historic, cultural, educational or scientific value. Policy 5 Klickitat County should coordinate with adjacent municipalities, federal, state, and local agencies in the preservation and enhancement of mutually relevant sites and areas. Policy 6 Klickitat County should consider the purchase of appropriate sites to assure the preservation of a representative number of natural areas for scientific purposes as identified by proper authorities. B. Suspected significant and newly discovered sites should remain free from other intrusions until their value for retention is determined. Policy 1 An assessment of historic, cultural, educational, or scientific values of proposed substantial developments should be included as part of the shoreline permit process. Policy 2 As part of Klickitat County's continual updating of its Inventory and Master Plan Program, sites of suspected or potential value should be inventoried. C. Where appropriate, access to such sites should be made available to the general public and should be designed to give maximum protection to the resource. ---PAGE BREAK--- 13 Policy 1 Parks, trails and other forms of recreational open space should be coordinated with such sites when appropriate for their protection. Policy 2 Access to areas of scientific significance should be restricted where appropriate to the resource being Protected. D. The need to provide clear interpretation of historical/cultural sites to visitors should be recognized. Policy 1 Such sites should be marked by appropriate signs noting the historical or cultural significance of that location. Signs should be designed to blend with the surrounding environment. Policy 2 When practical, and not in conflict with the objective of protection of resource, more extensive interpretive services should be provided. Policy 3 Archeological sites should not be marked by signs or other interpretive data if this would greatly increase the danger of vandalism. 2.7 Conservation Element The Conservation Element deals with the protection of the natural shoreline resources, considering, but not limited to such characteristics as scenic vistas, parkways, vital estuarine areas for fish and wildlife protection, beaches and other valuable natural or aesthetic features. GOAL: ASSURE PRESERVATION OF UNIQUE AND NON-RENEWABLE NATURAL RESOURCES AND ASSURE-THE CONSERVATION OF RENEWABLE NATURAL RESOURCES FOR THE BENEFIT OF EXISTING AND FUTURE GENERATIONS AND THE PUBLIC INTEREST. OBJECTIVES: A. Shorelines which are of unique or valuable in natural character should be designated for public benefit commensurate with preservation of the ecosystem. Policy 1 Unique and fragile areas in shoreline areas should be designated and retained as natural area open spaces. Access and use should be restricted or prohibited when necessary for their preservation. Policy 2 When appropriate, Klickitat County should acquire those shoreline areas which are unique or valuable. Subsequent use of such areas should be governed by their ecological carrying capacity. B. All renewable natural resources should be managed so that use or consumption does not exceed replenishment. Policy 1 In shoreline areas, after logging operations have been completed, reforestation or other planting should be undertaken and completed within one year, whenever possible. Policy 2 Through policies and action, Klickitat County should encourage the management and conservation of fish, shellfish, wildlife, timber, and other renewable resources. C. Resource conservation should be an integral part of shoreline planning. Policy 1 When feasible, Klickitat County should initiate programs to reverse any substantial adverse impacts caused by existing shoreline development. ---PAGE BREAK--- 14 Policy 2 All future shoreline development should be planned, designed and sited to minimize adverse impact upon the natural shoreline environment. D. Scenic, aesthetic and ecological qualities of natural and developed shorelines should be recognized and preserved as valuable resources. Policy 1 When appropriate, natural flora and fauna should be preserved or restored. Policy 2 In shoreline areas, the natural topography should not be substantially altered. Policy 3 Shoreline structures should be sited and designed to minimize view obstruction and should be visually compatible with shoreline character. Policy 4 Wildlife and aquatic habitats, including spawning grounds, should be protected, improved, and, if appropriate, increased. E. Resources should be managed to enhance the environment with minimal adverse effect. Policy 1 Agriculture, aquaculture, and silviculture in shoreline areas should be conducted with all reasonable precautions to preserve the natural character and quality of a shoreline. Policy 2 Shoreline activities and developments should be planned, constructed and operated to minimize adverse effects on natural processes of a shoreline, and should maintain or enhance the quality of air, soil, and water on the shorelines. Policy 3 Consumptive and extractive industries should allow natural shoreline systems to function with a minimum of disruption during their operations and should return a shoreline to as near natural a state as possible upon their completion. Policy 4 Any structure or activity in or near the water should be constructed in such a way that it will minimize adverse physical or chemical effects on water quality, vegetation, fish, shellfish or wildlife. Policy 5 Uses or activities, which substantially degrade a natural resource of a shoreline should not be allowed. Policy 6 The County encourages restoration and enhancement of all shoreline areas in the Natural Buffer Zone. F. Klickitat County should identify and inventory wetlands for inclusion in a comprehensive sensitive areas and wetlands plan which promotes the preservation and protection of these natural resources. Policy 1 There should be no reduction in water surface areas or associated wetlands of the shoreline except to enhance aquatic and wildlife habitat. No net loss of wetland functions, characteristics, values, or acreage should occur as a result of any development or activity. Policy 2 The diversity of aquatic and wildlife habitat should be enhanced and preserved. No net loss of wetland functions, characteristics, values, or acreage should occur as a result of any development or activity. Policy 3 Existing and future users of shorelines should design facilities and regulate activities to minimize adverse effects on the natural system, especially wetlands. Impacts to wetlands should be avoided through the location and design of developments and activities, with alternative upland and structural solutions required. ---PAGE BREAK--- 15 Policy 4 Wetlands should be connected to streams, drainage ways or other water bodies, when joining such features will benefit wetland and the overall natural system. Policy 5 Wetland areas which are unique or provide an unusual environment should be of highest priority for preservation. Such wetlands commonly include the following: a. Forested wetlands. b. Sphagnum bog or peat wetland systems. c. Relatively pristine wetlands as determined by the Washington State Natural Heritage Program. d. Fish and Wildlife Service (USFWS) Resource Category 1 wetlands and other identified high priority aquatic sites. e. Outstanding existing or potential habitat for a protected, rare or endangered species. f. Diverse wetlands exhibiting a high mixture of wetland subclasses as defined in the USFWS classification system. g. Wetlands possessing an outstanding feature, characteristic or array of associated benefits. h. Significant habitat for fish or aquatic species as determined by the appropriate state resource agency. Policy 6 Development, particularly residential uses, should provide adequate setbacks and buffer areas around sensitive areas, such as wetlands and their related drainage ways, to allow for open space, wildlife habitat, and storm water treatment improvements, to protect important hydrologic functions, and to protect the sensitive areas from upland impacts. Policy 7 Upstream or upland storm water treatment and erosion control improvements which enhance and maintain the functional characteristics of wetlands such as retention ponds, grassy swales, vegetative bank stabilization, etc. are preferred over methods which do not improve incoming water quality and flow characteristics. Policy 8 Development of storm water detention facilities in high quality wetlands which will adversely affect existing functions should be prohibited. Policy 9 Wetlands should be created, restored, maintained, enhanced, and managed to provide, to the greatest degree possible, the following associated benefits: a. Wildlife and fisheries habitat. b. Diversity and quantity of flora and fauna. c. Water quality enhancement through filtration and assimilation. d. Stream bank stabilization and erosion control. e. Flood water retention. f. Groundwater exchange and recharge. g. Aesthetic values. h. Unique features. Policy 10 Mitigation should be required whenever wetlands are adversely affected by a use or activity. The following policy for addressing mitigation, in descending order of priority, should be applied: a. Avoid the impact altogether by not taking an action or Part of an action. b. Minimize impacts by limiting the degree or magnitude of the action and its implementation. c. Rectify the impact by repairing, rehabilitating, or restoring the affected environment. ---PAGE BREAK--- 16 d. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action. e. Compensate for the impact by replacing or providing substitute resources or environments. Policy 11 The mitigation of a proposal which adversely affects wetlands should result in no net loss of wetland functions, characteristics, values or acreage. 2.8 Residential Element The Residential Element considers the pattern of distribution and location requirements of residential uses of shorelines and adjacent areas to insure proper regulation and safe orderly residential growth along shoreline areas of Klickitat County. GOAL: ASSURE SAFE ORDERLY RESIDENTIAL GROWTH IN THE SHORELINES OF KLICKITAT COUNTY WHICH WILL PROTECT FRAGILE AND UNIQUE ELEMENTS OF THE NATURAL ENVIRONMENT AND WHICH WILL PROTECT THE LIVES AND PROPERTY OF THE RESIDENTS OF THE SHORELINES. OBJECTIVES: A. Residential development should be excluded from shoreline areas known to contain development hazards. Policy 1 Residential development should be prohibited in areas of severe or very severe landslide. Policy 2 Residential development should be prohibited in shoreline areas with slope of 40% or greater which are hazardous. Policy 3 Shoreline areas containing other potential hazards geological conditions, unstable subsurface conditions, erosion hazards, ground water or seepage problems) should be limited or restricted for development. The burden of proof that development of these areas is feasible, safe and ecologically sound is the responsibility of the developer. B. Residential developments should have minimal impact on the land and water environment of the shorelines and minimize visual and physical obstruction. Policy 1 Residential development should be prohibited in identified unique, fragile, and sensitive areas. Policy 2 Residential development on piers or over water should not be permitted. Policy 3 Landfill for residential development which reduces water surface or flood plain capacity should not be permitted. Policy 4 In residential developments, the water's edge should be kept free of buildings and fences. Policy 5 Every reasonable effort should be made to insure the retention of natural shoreline vegetation and other natural features of the landscape during site development and construction. Policy 6 Planned unit developments that provide public access and open space for the general public as well as to residents of the project are preferred, whether single-family or multi-family developments. Policy 7 Residential developments should be designed to enhance the appearance of a shoreline and not substantially interfere with the public's view and access to and from the water. ---PAGE BREAK--- 17 Policy 8 Residential development should plan to preserve shore vegetation, control soil erosion during construction, and restore damaged sites to a natural condition. C. Residential use of shorelines should not displace or encroach upon shoreline dependent uses. Policy 1 Housing should be located to prevent interference with shoreline dependent uses that are more important to an area. D. Residential densities should be determined with regard for the physical capabilities of shoreline areas, public service requirements, and adverse effects such densities have on a natural environment. Policy 1 Subdivision and new development should be designed to adequately protect the water and shoreline aesthetic characteristics, as well as visual qualities. Policy 2 New residential developments should only be allowed in those shoreline areas where the provision for sewage disposal and drainage ways are of such a standard that adjoining water bodies would not be adversely affected by pollution or siltation. Policy 3 Residential development along shorelines should be set back from the ordinary high water line far enough to make unnecessary such protective measures as filling, bulk heading, construction groins or jetties, or substantial regrading of a site. 2.9 Shoreline Use Element The Shoreline Use Element deals with: 1) land use distribution and location on shorelines and adjacent areas, including, but not limited to, housing, commerce, industry, transportation, public buildings, and utilities, industry, agriculture, education, and natural resources, and 2) the distribution and location of water uses including, but not limited to, aquaculture, recreation, and transportation. GOAL: PRESERVE OR DEVELOP SHORELINES, ADJACENT UPLANDS AND ADJACENT WETLANDS OR WATER AREAS IN A MANNER THAT ASSURES A BALANCE OF SHORELINE USES WITH MINIMAL ADVERSE EFFECT ON THE QUALITY OF LIFE, WATER, AND ENVIRONMENT. OBJECTIVES: A. Shoreline land and water areas particularly suited for specific and appropriate uses should be designated and reserved for such uses. B. Shoreline land and water uses should satisfy the economic, social and physical needs of the regional population, but should not exceed the physical carrying capacity of shoreline areas. C. Where appropriate, land and water uses should be located and designed to restore or enhance the land and water environments. Policy 1 Shoreline land development should be concerned with the restoration of areas which are presently blighted by abandoned, dilapidated structures. Policy 2 Shoreline restoration of areas and/or along shorelines should attempt to return degraded areas to a natural and/or rehabilitated state. Policy 3 Shoreline land development should be concerned with the restoration of a functional riparian corridor. D. Location of new development shall be prioritized as follows: ---PAGE BREAK--- 18 Policy 1 First priority should be given to those uses which are shoreline dependent and will have no adverse effect on the land and water environment. Policy 2 Next priority should be given to those uses which are shoreline dependent and which will have minimal adverse effect on the land and water. Policy 3 Next priority should be given to those uses which are shoreline dependent which may have significant adverse effect on the land and water environment. Policy 4 Low priority should be given to those uses which are shoreline dependent and which may have a substantial detrimental effect on either the land or water environment. Policy 5 Lowest priority should be given to those uses which are not dependent on shoreline. E. Like or compatible shoreline uses should be clustered or distributed in a rational manner rather than be allowed to develop haphazardly. F. Multiple uses of a shoreline should be encouraged where location and integration of compatible uses or activities are feasible. G. Unique and fragile areas of the shoreline should be protected from uses or activities that will have an adverse effect on the land or water environment. H. Non-residential uses or activities which are not shoreline dependent should be encouraged to locate or relocate away from a shoreline. I. Klickitat County should consider the goals, objectives and policies within the Shoreline Master PlanProgram in all land use management actions regarding the use or development of adjacent uplands or water areas, adjacent uplands and associated wetlands or streams with less than 20 cubic feet per second mean annual flow within its jurisdiction where such use or development will have an adverse effect on designated shorelines. J. Klickitat County, when determining allowable uses and resolving use conflicts on shorelines within jurisdiction, shall apply the following preferences and priorities in the order listed below. Policy 1 Reserve appropriate areas for protecting and restoring ecological functions to control pollution and prevent damage to the natural environment and public health. Policy 2 Reserve shoreline areas for water-dependent and associated water-related uses. Policy 3 Reserve shoreline areas for other water-related and water-enjoyment uses that are compatible with ecological protection and restoration objectives. Policy 4 Locate single-family residential uses where they are appropriate and can be developed without significant impact to ecological functions or displacement of water-dependent uses. Policy 5 Limit nonwater-oriented uses to those locations where the above described uses are inappropriate or where nonwater-oriented uses demonstrably contribute to the objectives of the Shoreline Management Act. . The following policies are applicable to all shoreline modifications: Policy 1 Allow structural shoreline modifications only where they are demonstrated to be necessary to support or protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial damage or are necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. ---PAGE BREAK--- 19 Policy 2 Reduce the adverse effects of shoreline modifications and, as much as possible, limit shoreline modifications in number and extent. Policy 3 Allow only shoreline modifications that are appropriate to the specific type of shoreline and environmental conditions for which they are proposed. Policy 4 Assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. This is to be achieved by giving preference to those types of shoreline modifications that have a lesser impact on ecological functions and requiring mitigation of identified impacts resulting from shoreline modifications. Policy 5 Where applicable, base provisions on scientific and technical information. Policy 6 Plan for the enhancement of impaired ecological functions where feasible and appropriate while accommodating permitted uses. As shoreline modifications occur, incorporate all feasible measures to protect ecological shoreline functions and ecosystem-wide processes. Policy 7 Avoid and reduce significant ecological impacts according to the mitigation sequence. 2.10 Private Property Rights GOAL: RECOGNIZE AND PROTECT PRIVATE PROPERTY RIGHTS IN SHORELINE USES AND DEVELOPMENTS CONSISTENT WITH THE PUBLIC INTEREST. Policy 1 Shoreline uses should be located and designed to respect private property rights, maintain privacy of private property, be compatible with the shoreline environment, protect ecological functions and processes, and protect aesthetic values of the shoreline. Policy 2 Public access to shoreline such as trail, bikeways or roads should consider privacy of private property owners when locating them near private properties. ---PAGE BREAK--- ---PAGE BREAK--- 21 3 SHORELINE ENVIRONMENT DESIGNATIONS SECTION THREE SHORELINE ENVIRONMENTS • NATURAL BUFFER ZONE • NATURAL ENVIRONMENT • CONSERVANCY ENVIRONMENT • RURAL ENVIRONMENT • COMMUNITY ENVIRONMENT • URBAN/INDUSTRIAL ENVIRONMENT ---PAGE BREAK--- 22 SHORELINE shoreline environment designations established under the Shoreline Management Act are one of the principle tools for applying the general guidelines of the Act to local shorelines. In order to plan and effectively manage shoreline resources and to implement adopted goals and policies for shoreline management, sixfive shoreline environmental designations are provided for the Klickitat County Shoreline Master PlanProgram: 1. Natural Environment 2. Conservancy Environment 3. Rural Environment 4. Community Environment 5. Urban/Industrial Environment 6. Aquatic Environment The purpose of these designations is to provide a uniform basis for applying management criteria within distinctively different shoreline areas and with different objectives regarding their use and development. Environmental designations for shorelines of Klickitat County are illustrated on maps in the Shoreline Management Plan Supplement. Use limitations in the shoreline Natural Buffer Zonebuffers and five six shoreline environments are provided in Section Four4. Note to reader: the Natural Buffer Zone of 50 feet is recommended for removal, as is the 200-foot buffer on Type-S waterbodies (i.e. Shorelines) listed in the County’s Critical Areas Ordinance. An alternative approach to shoreline buffers is proposed in Section 4 which is Shoreline Environment Designation specific. 3.1 Natural Buffer Zone SHORELINE ENVIRONMENTS NATURAL BUFFER ZONE Within all environments designated as shorelines of Klickitat County is an area called the Natural Buffer Zone. The purpose of this zone is to establish an undisturbed conservation buffer of natural vegetation in order to preserve the natural shoreline riparian zone; to assure water quality; to preserve aesthetic qualities along shorelines, and to enhance and preserve unique natural resources for the benefit of existing and future generations and the public interest. ("Undisturbed"... allows only minor vegetative modification that does not substantially alter visual character or adversely affect riparian structure and function.) All structures will require a setback of 50 feet from the ordinary high water line for all development other than for flood control, erosion control, water dependent uses, or access to banks. This zone applies to all environmental designations, and meets the criteria as shown on the diagram below: Measured 50 feet shoreward on a horizontal plane from the ordinary high water line. ---PAGE BREAK--- 23 3.21 Natural ENVIRONMENT A. Purpose: The purpose of the Natural Environment is intended to preserve and restore those natural resource systems existing relatively free of human influence and those shoreline areas possessing intact or minimally degraded natural characteristics intolerant of human use or unique aesthetic, historical, cultural, and/or educational features. These systems require severe restrictions on the intensities and types of uses permitted so as to maintain the integrity of a shoreline environment. B. Designation Criteria: The criteria for the Natural designation should meet one or more of the following: A1. Wildlife Habitat 1a. A shoreline area that provides food, water, or cover and protection for any rare, endangered or diminishing species; 2b. A seasonal haven for concentrations of native animals, fish or fowl, such as migration route, breeding site or spawning site; B2. Areas of Scientific and Educational Value 1a. Areas considered to best represent basic ecosystems and geologic types that are of particular scientific and educational interest. 2b. Shoreline areas which best represent undisturbed natural areas; 3c. Shoreline areas with established histories of scientific research; C3. Areas of Scenic or Recreational Value 1a. Those shoreline areas having an outstanding or unique scenic feature in their natural state; 2b. Shoreline areas having a high value for wilderness experience; 3c. Areas having a high value in their natural states for low intensity recreational use; The natural environment is also characterized by severe biophysical limitations, presence of unique natural, cultural, and/or aesthetic features, intolerant of intensive human use, and considered valuable in its natural or original condition. Master Plan objectives are oriented toward preserving unique features, restricting activities which may degrade the actual or potential value of this environment, and severely restricting development in hazardous areas. Policy 8 moved from existing policies in Section 2 C. Management Policies 1. Any use that would substantially degrade the ecological functions or natural character of the shoreline area should not be allowed. 2. The following new uses should not be allowed in the Natural environment: a. Commercial uses. b. Industrial uses. ---PAGE BREAK--- 24 c. Nonwater-oriented recreation with no relationship to the shoreline and waterbody. d. Roads, utility corridors, and parking areas that can be located outside of "Natural" designated shorelines. 3. Single-family residential development may be allowed as a conditional use within the Natural environment if the density and intensity of such use is limited as necessary to protect ecological functions and be consistent with the purpose of the environment. 4. Irrigation withdrawals and other agricultural uses of a very low-intensity nature may be consistent with the Natural environment when such use is subject to appropriate limitations or conditions to assure that the use does not expand or alter practices in a manner inconsistent with the purpose of the designation. 5. Scientific, historical, cultural, educational research uses, and low-intensity water-oriented recreational access uses, including non-motorized trails, may be allowed provided that no significant ecological impact on the area will result. 6. New development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. Do not allow the subdivision of property in a configuration that, to achieve its intended purpose, will require significant vegetation removal or shoreline modification that adversely impacts ecological functions. That is, each new parcel must be able to support its intended development without significant ecological impacts to the shoreline ecological functions. 7. Consistent with the policies of the designation, the County should include planning for restoration of degraded shorelines within this environment. 8. Unique and fragile areas in shoreline areas should be designated and retained as natural area open spaces. Access and use should be restricted or prohibited when necessary for their preservation. 3.32 Conservancy ENVIRONMENT A. Purpose: The purpose and intent of the conservancy environment is to protect, conserve and manage existing natural resources, ecological functions, and/or unique, valuable, aesthetic, historic, and cultural areas in order to achieve sustained resource utilization and provide recreational opportunities. The conservancy environment is also intended to protect environmentally sensitive areas which are not suitable for intensive use, such as steep slopes, flood-prone areas, eroding bluffs, natural wetlands, and areas which cannot provide adequate sewage disposal. The preferred uses are those which are non-consumptive of the physical and biological resources on a sustained basis while minimally reducing opportunities for other future uses of the resources in the area. Activities and uses of a non-permanent nature which do not substantially degrade the existing character of the area are preferred uses for the Conservancy Environment. The right of residential development, of limited density, on private lands, is recognized, with limitations. B. Designation Criteria: The conservancy environment is characterized by very low intensity land uses and low intensity water-dependent uses primarily related to natural resource use and diffused recreational development, relatively low land values, relatively minor public and private capital investment, and/or relatively severe biophysical limitations. Examples of uses that are appropriate in a conservancy environment include dispersed outdoor recreation activities, timber harvesting on a sustained yield basis, passive agricultural uses such as approved grazing, and/or non-intensive cultivation practices. C. Management Policies: ---PAGE BREAK--- 25 1. Uses in the Conservancy environment should be limited to those which sustain the shoreline area's physical and biological resources and uses of a non-permanent nature that do not substantially degrade ecological functions or the rural or natural character of the shoreline area. 2. Except in support of agriculture, aquaculture, and recreation uses, commercial and industrial uses should not be allowed. 3. Water-oriented uses should be given priority over nonwater-oriented uses. Water-dependent and water enjoyment recreation facilities and uses that do not deplete the resource over time, such as boating facilities, fishing, hunting, wildlife viewing trails, swimming beaches, and scientific, historical, cultural, and educational research uses, are preferred, provided adverse impacts to the shoreline are mitigated. 4. Shoreline development standards should ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. 5. Existing uses and development, including roadways and railroads, may be maintained and expanded consistent with provisions of this SMPMaster Plan. 6. Public access and public recreation objectives on public lands should be implemented when appropriate and when adverse ecological impacts can be mitigated. 7. Construction of new structural shoreline stabilization and flood control works should only be allowed where there is a documented need to protect an existing structure or ecological functions, and only when mitigation is applied. 3.43 Rural ENVIRONMENT A. Purpose: The Rural Environment is intended to protect agricultural land from Urban Expansion and to protect ecological functions, conserve existing natural resources and valuable historic and cultural areas in order to provide for sustained resource use, and achieve natural flood plain processes. Those areas having high capability to support active agriculture or which have agriculture potential should be maintained for present and future needs. They include areas which have a potential for agriculture purposes or are already being used for agriculture purposes. Low density rural residential and moderate intensity recreational uses are types appropriate to the resources of the areas. B. Designation Criteria: The Rural Environment is characterized by intensive agriculture or recreational use, moderate land values, lower public and private capital investment, and/or some biophysical development limitations. The mMaster Pplan objectives are to protect agricultural lands, maintain open spaces, and provide for recreational uses which are compatible with agricultural activities. C. Management Policies: 1. Promote agricultural activities on agricultural lands. 2. Allow new agricultural activities and expansions of current agricultural activities on previously un- farmed lands consistent with this Master Plan. 3. Non-agricultural uses should be limited to those allowed by the underlying zoning. Shoreline development within or adjacent to designated agricultural resource lands should incorporate measures to reduce compatibility impacts, such as open space landscaped separations or other measures to address impacts to agricultural operations. ---PAGE BREAK--- 26 4. Development standards should seek to conserve soils and water resources suitable for agricultural purposes. 5. Activities and uses should be designed for compatibility with the rural character, including the overall density pattern. 3.54 Community A. Purpose: The purpose of the Community environment designation is to accommodate residential development and accessory structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. B. Designation Criteria: The Community Environment is characterized as an area of moderate to intense intensity land use including residential, recreational and commercial development and predominantly single-family or multifamily residential development or are planned for residential development. The environment covers basically all unincorporated areas and is intended to encourage residential, recreational and commercial development to locate within this environment. It is particularly suitable to those areas presently planned to accommodate Community expansion. Although somewhat limited by the kind and quantity of services available, the opportunities are related to characteristics of a small community: 1) employment, 2) recreation, 3) business and commerce, 4) manufacturing, and 5) low cost retirement living. The limitations are characteristic of a small community: 1) available space, 2) remote location, 3) public transportation, 4) school curriculum, 5) employment variety, and 6) cultural variety. C. Management Policies: 1. Shoreline development standards should ensure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 2. Subdivisions and recreational developments should provide public or community access. 3. Access, utilities, and public services should be available and adequate to serve existing needs and those planned for future development. 4. Commercial development, including commercial recreation and agri-tourism, should be consistent with underlying rural zoning and limited to water-oriented uses within shoreline jurisdiction. 3.65 Urban/Industrial ENVIRONMENT A. Purpose: The purpose of assigning an area to an urban/industrial environment is to ensure optimum utilization of shorelines occurring in industrial areas by providing for manufacturing, commercial, high density residential and industrial uses, and providing for orderly future development. B. Designation Criteria: The Urban/Industrial Environment is a shoreline area characterized by high intensity and diverse land uses such as commercial and industrial development, as well as community facilities. The resources characteristic of this environment are those necessary to the uses of such an environment: electrical, domestic water, and sewage utilities, shipping and transportation. C. Management Policies: 1. In regulating uses in the Urban /Industrial environment, first priority should be given to water- dependent uses. Second priority should be given to water-related and water-enjoyment uses. Nonwater- ---PAGE BREAK--- 27 oriented uses should be allowed in limited situations where they do not conflict with or limit opportunities for water-oriented uses or on sites where there is no direct access to the shoreline. 2. Policies and regulations shall assure no net loss of shoreline ecological functions as a result of new development. Where applicable, new development shall include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 3. Public access should be required on public lands. Private development that creates a demand for shoreline access should provide visual or physical access unless there are constitutional or legal limitations, safety, security, environment, or other similar factors that limit its feasibility. 4. Full utilization of existing industrial areas and altered lands should be achieved before further expansion of intensive development is allowed. 4. 5. Uses that preserve the natural character of the area or promote preservation of open space, floodplain or sensitive lands either directly or over the long term are encouraged. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting. 5. Policy 3 Economic development involving high intensity commercial land use should be confined to Urban/Industrial Environments. 3.76 Aquatic A. Purpose: The purpose of the Aquatic environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high- water mark. B. Designation Criteria: Assign an Aquatic environment designation to all areas waterward of the ordinary high- water mark. C. Management Policies: 1. Allow new over-water structures only for water-dependent uses, including docks associated with single-family residences; public access; or ecological restoration. 2. The size of new over-water structures should be limited to the minimum necessary to support the structure's intended use. 3. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over-water facilities should be encouraged. 4. All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. 5. Shoreline uses and modifications should be designed and managed to prevent adverse impacts to ecological functions and ecosystem-wide processes, including degradation of water quality and alteration of natural hydrographic conditions. Adverse impacts should not be allowed except where necessary to achieve the objectives of the Shoreline Management Act, and then only when mitigated as necessary to assure no net loss of ecological functions. ---PAGE BREAK--- 28 3.87 Official Shoreline Maps and Unmapped or Undesignated Shorelines A. The Official Shoreline Maps at the time of adoption of this Master Plan, which illustrate the delineation of shoreline jurisdiction and environment designations, are available for review in the Klickitat County Planning Department as either hard copy or computer-generated images of the County's Geographic Information System. The Official Shoreline Maps may be updated administratively or through a Master Plan amendment. The Department of Ecology will be provided with electronic files of the Official Shoreline Maps when any updates are made. Minor mapping errors corrected administratively shall not be greater than 1.0 acre in size. If greater than or equal to 1.0 acre in size, an amendment to the Master Plan shall be completed within three years of finding the mapping error. B. Any areas within shoreline jurisdiction that are not mapped and/or designated due to minor mapping inaccuracies in the lateral extent of shoreline jurisdiction from the shoreline waterbody related to site-specific surveys of OHWM, floodway, and/or floodplain are automatically assigned the category of the contiguous waterward shoreline environment designation. Correction of these minor mapping inaccuracies may be made and incorporated into the Official Shoreline Maps without an amendment to this Master Plan. C. Areas of shoreline jurisdiction that were neither mapped as jurisdiction nor assigned an environment designation shall be assigned a Conservancy designation until the shoreline can be re-designated through an Shoreline Master Plan amendment process conducted consistent with WAC 173-26-100 and Section XX of this Master Plan. D. The actual location of the OHWM, floodplain, floodway, and wetland boundaries must be determined at the time a development is proposed. Wetland boundary determinations are valid for five years from the date the determination is made. Floodplain and floodway boundaries should be assessed using FEMA maps or the most current technical information available. E. In addition, any property shown in shoreline jurisdiction that does not meet the criteria for shoreline jurisdiction is more than 200 feet from the OHWM or floodway, is no longer in floodplain as documented by a Letter of Map Revision from FEMA, and does not contain associated wetlands) shall not be subject to the requirements of this Master Plan. Revisions to the Official Shoreline Maps may be made as outlined in this subsection without an amendment to the Master Plan. ---PAGE BREAK--- 29 4 SHORELINE USE AND MODIFICATION POLICIES AND REGULATIONS SECTION FOUR SHORELINE USE ACTIVITIES GENERAL USE POLICIES AND REGULATIONS GENERAL POLICIES GENERAL REGULATIONS Environmental Impacts Environmentally Sensitive Areas Archaeological and Historical Sites Public Access SHORELINE USE ACTIVITIES: POLICY STATEMENTS AND USE REGULATIONS 4.1 Introduction The Shoreline Use Activities section contains policies and regulations representing a specific use or group(s) of uses. Policy is set for twenty-one use activities (WAC 173-16-060) to achieve the goals of the Shoreline Management Act. Each use activity is broadly defined, along with an explanation of the impact of the use on a shoreline area, and is followed by several policies and regulations. The policy statements and regulations provide specific standards by which all such activities are to be conducted on a shorelines of Klickitat County. All development and substantial development occurring upon shorelines of the county must conform with the policy statements to the maximum possible extent, and all such activities shall comply with the use regulations. Proposals that seek to vary dimensional standards set forth in these regulations shall apply for a shoreline variance permit as described in Section Five5.0, Administration, Permits and Enforcement. Proposals for a use or activity not already addressed by this master programMaster Plan shall apply for a shoreline unclassified conditional use permit as described in Section Five5.0, Administration, Permits and Enforcement. The following table in Section 4.2, Use and Modification Matrix, indicates which new, expanded or altered shoreline activities, uses, developments, and modifications may be allowed or are prohibited in shoreline jurisdiction within each shoreline environment designation. Refer to the text in Section 4.0 of this Master Plan for all applicable provisions related to specific uses and modification standards. Activities, uses, developments, and modifications are classified as follows: A. Uses allowed by Shoreline Substantial Development Permit or Shoreline Exemption are indicated by a on the use matrix. B. Uses allowed by Shoreline Conditional Use Permit are indicated by a on the use matrix. ---PAGE BREAK--- 30 C. Prohibited activities, uses, developments, and modifications are not allowed and are shown as an on the use matrix. D. In the Aquatic environment, determination of allowable, conditional, or prohibited uses may be shown as an on the use matrix, denoting that the adjacent upland environment would indicate whether the specific use or development is allowed. E. Uses or activities not applicable to the shoreline environment designation in question are shown as “N/A” on the matrix. F. Activities, uses, developments or modifications not specifically identified in the table may be allowed by a Shoreline Conditional Use Permit. All existing uses and modifications are eligible for a Shoreline Exemption if the proposed activity meets the criteria for one of the exempt activities listed in WAC 173-27-040. 4.2 Use and Modification Matrix Klickitat County Shoreline Use or Modification Natural Conservancy Rural Community Urban/ Industrial Aquatic Key: P = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit U = See adjacent upland environment designation X = Prohibited N/A = Not Applicable Resource Based Activities Agricultural Practices X1 P P P X N/A Aquaculture Commercial X C2 P P P U Non-commercial X C2 P P P U Forest Management Practices X P P P P N/A Mining X C C C C U Development Based Activities Commercial Development Water-oriented X C3 P4 P P U5 Non-water-oriented Adjacent to the shoreline X X6 X6 X6 C X Separated from shoreline X C3 P4 P P N/A In-stream Structures P P P P P P Marinas and Boating Facilities X C C C C U ---PAGE BREAK--- 31 Klickitat County Shoreline Use or Modification Natural Conservancy Rural Community Urban/ Industrial Aquatic Key: P = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit U = See adjacent upland environment designation X = Prohibited N/A = Not Applicable Outdoor Advertising, Signs and Billboards C P P P P N/A Piers and Docks X C C C C U Ports and Industrial Development Water-oriented X X X C P U5 Non-water-oriented Adjacent to the shoreline X X6 X6 X6 C X Separated from shoreline X X X C P N/A Recreation Water-oriented C3P7 CP CP P P U13 Non-water-oriented General C C C C C X Separated from shoreline P3 P P P P N/A Trails P P P P P N/A Residential Development Single-family Primary dwelling C P P P C X Accessory dwelling unit C P P P C X Multi-family X P P P C X Transportation Facilities Roads X8 P P P P U Bridges X8 C C C C U Railroads X8 X9 P P P U Parking Expansion of existing facilities C C C C P N/A New parking to support authorized Use C P P P P N/A Stand-alone parking lot or structure X C C C P N/A Solid Waste Disposal10 X X X X X X Utilities ---PAGE BREAK--- 32 Klickitat County Shoreline Use or Modification Natural Conservancy Rural Community Urban/ Industrial Aquatic Key: P = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit U = See adjacent upland environment designation X = Prohibited N/A = Not Applicable Primary utilities X C P P P U Accessory utilities C P P P P U Shoreline Modification Activities Breakwaters, Jetties, Groins, and Weirs To protect or restore ecological functions P P P P P P To maintain existing water-dependent uses X X X X C U All other purposes X X X X C U Dredging Dredging for water-dependent use, navigation, flood capacity maintenance, and public access N/A N/A N/A N/A N/A P Dredging or disposal of dredged material for in-water habitat restoration N/A N/A N/A N/A N/A P Dredging, other X C C C P U Disposal of dredged material X C C C P U Implementation of dredging maintenance plan P P P P P P Fill Waterward of the OHWM - restoration N/A N/A N/A N/A N/A P Waterward of the OHWM - other N/A N/A N/A N/A N/A C Upland of the OHWM X C C C P N/A Clearing and Grading X P P P P N/A Shoreline Stabilization New hard stabilization C C C P P U New soft stabilization C C C P P U Repair and replacement P P P P P P Shoreline Habitat and Natural Systems Enhancement Projects P P P P P P ---PAGE BREAK--- 33 1 New low-intensity agricultural uses, such as non-intensive pasturing or grazing, are allowed in the Natural Environment, provided that the regulatory buffer is maintained along the shoreline. 2 Fish hatcheries, fish enhancement projects and/or expansion of existing facilities allowed by Conditional Use Permit. 3 Prohibited on Shorelines of Statewide Significance. 4 Conditional Use Permit required on Shorelines of Statewide Significance. 5 Only water-dependent uses may be allowed over the water. 6 Nonwater-oriented uses may be allowed if either the use is part of a mixed-use project that includes water-dependent uses and provides public benefit or if navigability is severely limited and the project provides public benefit. 7 Limited to such facilities as access trails and other passive activities 8 Maintenance, repair, and replacement of pre-existing/non-conforming uses are permitted. 9 New side tracks and double tracks next to existing railroad tracks may be permitted as a Conditional Use. 10 Solid waste handling is prohibited except at the Roosevelt Intermodal Facility. 4.3 Dimensional Standards A. There shall be a thirty-five (35) foot maximum building height for all structures, except that utility facilities, bridges, and approved industrial uses are not required to meet this standard. Otherwise, to exceed 35 feet, an applicant must apply for a Shoreline Variance, and comply with the following criteria in addition to standard Shoreline Variance criteria: Demonstrate overriding considerations of the public interest will be served, and Demonstrate that the proposal will not obstruct the view of a substantial number of residences on areas adjoining such shorelines or impair views from public lands or impair scenic vistas. A.B. Shoreline river frontage for residential use shall vary between 104 and 660 feet dependent upon shoreline environment designation. C. Shoreline buffers. Buffer widths for shoreline waterbodies are included in the Dimensional Standards Table listed below. For non-shoreline waterbodies and other critical areas in shoreline jurisdiction, see Section 4.4.1.C.3.c for applicable buffers. Buffer widths shall be measured outward in each direction, on the horizontal plane, from the ordinary high water mark, or from the top of bank, if the ordinary high water mark cannot be located. Water-dependent uses do not require shoreline buffers. Apply mitigation sequencing to avoid and minimize adverse impacts during development siting. Shoreline buffers may be averaged or reduced according to the provisions set forth in Section 4.4.1.C.3.c. D. Building setbacks. Building setbacks are included in the Dimensional Development Standards Table below and only apply to shoreline waterbodies. E. Impervious surface. Maximum allowable impervious surface is included in the Dimensional Development Standards Table and applies only to new residential development in the Conservancy shoreline environment designation. ---PAGE BREAK--- 34 Klickitat County Dimensional Standard Natural Conservancy Rural Community Urban / Industrial Aquatic Shoreline River Frontage for Residential Use, minimum (feet) 660 660 416 104 104 N/A Building Height, maximum (feet) 35 351 35 351 35 N/A Building Setback (feet)2 10 10 10 10 10 N/A Impervious Surface3 N/A 10% N/A N/A N/A N/A Shoreline Buffers4, minimum from OHWM (feet) Water-dependent buffer (ft)5 0 0 0 0 0 N/A Non-water dependent buffer (ft) 150 150 100 50 50 N/A 1 Additional height for utility facilities, bridges, and industrial uses may be approved in accordance with relevant sections of this Master Plan. 2 A building setback shall begin at the landward boundary of the shoreline buffer. 3 For all new residential development in the Conservancy environment, the total amount of impervious surface associated with residential development shall be limited to ten (10) percent of the lot area. 4 Buffers for non-shoreline waterbodies in shoreline jurisdiction are listed in Subsection 4.4.1.C.3.c. 5 For water-dependent developments, no buffer or building setback. Apply mitigation sequencing to avoid and minimize adverse impacts during development siting. NOTE to Reader: Supporting rationale stems partly from the range of existing setbacks for Residential Use (see existing SMP), the 50 ft Natural Buffer Zone across all areas, and existing science which supports a minimum of 150 foot buffer for fish bearing waterbodies. Note, the existing CAO lists a 200 foot buffer for all Shorelines. Therefore, we are recommending a 150-foot buffer for Natural and Conservancy SEDs consistent with BAS, a 100- foot buffer for Rural SEDs consistent with the residential use setback in the existing SMP (noting that only a couple Rural SED areas exist within the County and they are predominantly exempt due to existing and ongoing Ag), and a 50-foot buffer for Community and Urban/Industrial consistent with both the existing SMP’s Residential Use setback and the Natural Buffer Zone. The use of 50-foot buffers for the latter two SEDs is also consistent with the development patterns within these two SEDs. 4.4 General Policies and Regulations 4.4.1 Ecological Protection and Critical Areas Policies 7 – 41 moved from existing policies in Section 2 ---PAGE BREAK--- 35 GENERAL POLICIES A. Policies 1. All shoreline developments and uses should utilize permeable surfacing where practicable to minimize surface water accumulation and runoff. 2. All shoreline developments and uses should be located, designed, constructed, and managed to avoid disturbance of and minimize adverse impacts to fish and wildlife resources, including spawning, nesting, rearing, and habitat areas and migratory routes. 3. All shoreline developments and uses should be located, designed, constructed and managed to minimize interference with, or adverse impacts to, beneficial natural shoreline processes such as water circulation, littoral drift, sand movement, erosion, and accretion. Hydrologic connections between water bodies, water courses, and associated wetlands should be protected. 4. All shoreline developments and uses should be located, designed, constructed, and managed in a manner that minimizes adverse impacts to surrounding land and water uses and are aesthetically compatible with an affected area. 5. Buffers and setbacks for shorelines should be tailored to local conditions including existing shoreline functions and existing and planned land use and public access. 6, Proposed development and uses should, to the extent feasible, protect existing ecological functions and avoid impacts to habitat and ecological functions before implementation of other measures designed to achieve no net loss of existing ecological functions. 7. New development should avoid temperature changes, accumulation of debris, bank erosion, turbidity, and other changes in water quality. 8. During excavation and other erosion and sediment activities, appropriate sediment control procedures and devices should be used to protect a watercourse. 9. Structures placed in the water for economic purposes should be designed to minimize obstructions to natural circulation and movement of water, sediments and indigenous aquatic life. 10. Economic development should be prohibited in identified unique, fragile, or sensitive areas. 11. Economic activities which convert shoreline resources to irreversible uses should be minimized. 12. Economic development of renewable over non renewable resources should be given priority. 13. When appropriate, encourage Klickitat County and other public entities to acquire those shoreline areas or scenic easements which are unique or valuable. Subsequent use of such areas should be governed by their ecological carrying capacity. 14. Through policies and action, Klickitat County should encourage the management and conservation of fish, shellfish, wildlife, timber, and other renewable resources. 15. When feasible, Klickitat County should initiate programs to reverse any substantial adverse impacts caused by existing shoreline development. 16. All future shoreline development should be planned, designed and sited to minimize adverse impact upon the natural shoreline environment. ---PAGE BREAK--- 36 17. When appropriate, natural flora and fauna should be preserved or restored. 18. In shoreline areas, the natural topography should not be substantially altered. 19. Shoreline structures should be sited and designed to minimize view obstruction and should be visually compatible with shoreline character, including encouraging visual compliance with the Wild and Scenic Management Plans. 20. Wildlife and aquatic habitats, including spawning grounds, should be protected, improved, and, if appropriate, increased. 21. Agriculture, aquaculture, and silviculture in shoreline areas should be conducted with all reasonable precautions to preserve the natural character and quality of a shoreline. 22. Shoreline activities and developments should be planned, constructed and operated to minimize adverse effects on natural processes of a shoreline, and should maintain or enhance the quality of air, soil, and water on the shorelines. 23. Consumptive and extractive industries should allow natural shoreline systems to function with a minimum of disruption during their operations and should return a shoreline to as near natural a state as possible upon their completion. 24. Any structure or activity in or near the water should be constructed in such a way that it will minimize adverse physical or chemical effects on water quality, vegetation, fish, shellfish or wildlife. 25. Uses or activities, which substantially degrade a natural resource of a shoreline should not be allowed. 26. The County encourages restoration and enhancement of all shoreline areas in shoreline buffers. 27. There should be no reduction in water surface areas or associated wetlands of the shoreline except to enhance aquatic and wildlife habitat. No net loss of wetland functions, characteristics, values, or acreage should occur as a result of any development or activity. 28. The diversity of aquatic and wildlife habitat should be enhanced and preserved. No net loss of wetland functions, characteristics, values, or acreage should occur as a result of any development or activity. 29. Existing and future users of shorelines should design facilities and regulate activities to minimize adverse effects on the natural system, especially wetlands. Impacts to wetlands should be avoided through the location and design of developments and activities, with alternative upland and structural solutions required. 30. Wetlands should be connected to streams, drainage ways or other water bodies, when joining such features will benefit wetland and the overall natural system. 31. Wetland areas which are unique or provide an unusual environment should be of highest priority for preservation. Such wetlands commonly include the following: a. Forested wetlands. b. Sphagnum bog or peat wetland systems. c. Relatively pristine wetlands as determined by the Washington State Natural Heritage Program. d. Fish and Wildlife Service (USFWS) Resource Category 1 wetlands and other identified high priority aquatic sites. e. Outstanding existing or potential habitat for a protected, rare or endangered species. ---PAGE BREAK--- 37 f. Diverse wetlands exhibiting a high mixture of wetland subclasses as defined in the USFWS classification system. g. Wetlands possessing an outstanding feature, characteristic or array of associated benefits. h. Significant habitat for fish or aquatic species as determined by the appropriate state resource agency. 32. Development, particularly residential uses, should provide adequate setbacks and buffer areas around sensitive areas, such as wetlands and their related drainage ways, to allow for open space, wildlife habitat, and storm water treatment improvements, to protect important hydrologic functions, and to protect the sensitive areas from upland impacts. 33. Upstream or upland storm water treatment and erosion control improvements which enhance and maintain the functional characteristics of wetlands such as retention ponds, grassy swales, vegetative bank stabilization, etc. are preferred over methods which do not improve incoming water quality and flow characteristics. 34. Development of storm water detention facilities in high quality wetlands which will adversely affect existing functions should be prohibited. 35. Wetlands should be created, restored, maintained, enhanced, and managed to provide, to the greatest degree possible, the following associated benefits: a. Wildlife and fisheries habitat. b. Diversity and quantity of flora and fauna. c. Water quality enhancement through filtration and assimilation. d. Stream bank stabilization and erosion control. e. Flood water retention. f. Groundwater exchange and recharge. g. Aesthetic values. h. Unique features. 36. Mitigation should be required whenever wetlands are adversely affected by a use or activity. The following policy for addressing mitigation, in descending order of priority, should be applied: a. Avoid the impact altogether by not taking an action or Part of an action. b. Minimize impacts by limiting the degree or magnitude of the action and its implementation. c. Rectify the impact by repairing, rehabilitating, or restoring the affected environment. d. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action. e. Compensate for the impact by replacing or providing substitute resources or environments. 37. The mitigation of a proposal which adversely affects wetlands should result in no net loss of wetland functions, characteristics, values or acreage. 38. Shoreline land development should, when feasible be concerned with the restoration of areas which are presently blighted by abandoned, dilapidated structures. 39. Shoreline restoration of areas and/or along shorelines should attempt to return degraded areas to a natural and/or rehabilitated state. 40. Shoreline land development should be concerned with the restoration of a functional riparian corridor. ---PAGE BREAK--- 38 41. Shoreline uses should be located and designed to respect private property rights, maintain privacy of private property, be compatible with the shoreline environment, protect ecological functions and processes, and protect aesthetic values of the shoreline. B. General Ecological Protection Regulations GENERAL REGULATIONS Environmental Impacts: Based upon shoreline goals and policies established in Section Two, the following regulations are established for all shoreline uses activities and development: 1. The location, design, construction, and management of all shoreline developments and uses shall protect the quality and quantity of surface and ground waters adjacent to a site and shall adhere to guidelines, policies, standards, and regulations of applicable water quality management programs and regulatory agencies. 2. Solid and liquid wastes and untreated effluent shall not be allowed to enter any bodies of water or to be discharged onto the land. 3. The release of oil, chemicals, or other hazardous materials onto or into surface or ground water(s) is prohibited. Equipment for the transportation, storage, handling, or application of such materials shall be maintained in a safe and leak proof condition. If there is evidence of leakage, then further use of such equipment must be suspended until the deficiency has been satisfactorily corrected. 4. All shoreline developments and uses shall utilize effective measures to minimize any increase in surface runoff and to control, treat, and release surface water runoff so that receiving water quality and shore properties and features are not adversely affected. Such measures may include, but are not limited to dikes, catch basins or settling ponds, interceptor drains and planted buffers. Methods to be used shall be documented in the permit application when necessary. 5. All shoreline developments and uses shall utilize effective erosion control methods during project construction and operation. Methods to be used shall be documented in the permit application when necessary. 6. Land clearing, grading, filling, and alteration of natural drainage features and landforms shall be limited to the minimum necessary for development. Surfaces cleared of vegetation, and not to be developed, must be replanted as soon as possible. Surface drainage systems or substantial earth modifications shall be professionally designed to prevent maintenance problems or adverse impacts on shoreline features. 7. All shoreline developments shall be located, constructed, and operated so as not to be a hazard to public health and safety. 8. All development activities shall be located and designed to minimize or prevent the need for shoreline defense and stabilization measures and flood protection works, such as bulkheads, other types of bank stabilization, landfills, levees, dikes, groins, jetties, or substantial site regrades. 9. Navigation channels shall be kept free of hazardous or obstructing development or uses. ---PAGE BREAK--- 39 10. Herbicides and pesticides shall not be applied or allowed to directly enter water bodies or wetlands unless approved for such use by appropriate agencies (State Department of Agriculture or Ecology, U.S. Department of Agriculture, EPA). 11. Non-water dependent uses over water are prohibited. 12. Shoreline uses and developments that are unique to a shoreline location or water-dependent are preferred and shall be given priority. 13. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single-family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. 14. All shoreline developments and uses, including preferred uses and uses that are exempt from permit requirements shall be located, designed, constructed, conducted and maintained to assure no net loss of habitat and existing ecological functions. 15. New, expanded or replacement structures, uses or activities shall only be allowed if it can be demonstrated that they will not result in a net loss of shoreline ecological functions and that they support water-dependent uses, public access, shoreline stabilization, or other specific public purpose. 16. To assure no net loss of existing shoreline ecological functions, an analysis of environmental impacts of proposed individual uses and developments shall be conducted consistent with the rules implementing SEPA, as applicable. The analysis shall include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with the Master Plan and other applicable regulations. 17. Mitigation Requirement. If a proposed shoreline use or development is entirely addressed by specific, objective standards (such as, but not limited to, setback distances, structural dimensions, or materials requirements) contained in this Master Plan, then the mitigation sequencing analysis described in Subsection 18 is not required. In the following circumstances, the applicant must provide a mitigation sequencing analysis as described in Subsection 18: a. If a proposed shoreline use or development is addressed in any part by discretionary standards (such as standards requiring a particular action “if feasible” or requiring the minimization of development size) contained in this Chapter, then the mitigation sequencing analysis is required for the discretionary standard(s); or b. When an action requires a Shoreline Conditional Use Permit or Shoreline Variance Permit; or c. When specifically required by regulations contained in this Master Plan; 18. Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority: a. Avoid the impact altogether by not taking a certain action or part of an action; ---PAGE BREAK--- 40 b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations; e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and f. Monitoring the impact and the compensation projects and taking appropriate corrective measures. 19. In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable. Mitigation to be applied to development shall achieve no net loss of existing ecological functions and not result in required mitigation in excess of that necessary to assure no net loss of existing ecological functions. 20. Uses and developments on navigable waters shall be located and designed to: a. Minimize interference with surface navigation; b. Consider impacts to public views; c. Allow for safe unobstructed passage of fish and wildlife, particularly species dependent on migration. 21. In determining buffers (other than standard buffers) to protect existing ecological functions, consideration should be given to what functions need protection in their shoreline areas (based on existing or anticipated threats), what level of protection is appropriate for those functions, how the protective goals of using a buffer can be achieved given existing and planned development on shorelines and upland areas, and what functions will not be protected by choosing particular buffer widths. Buffers include shoreline setbacks. 22. Development within buffers may be allowed in order to allow for private property rights consistent with the public interest and to allow water-dependent, preferred uses and public access. Any development must be mitigated to assure no net loss of existing shoreline ecological functions. 23. Except when specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to chapter 90.58RCW, the Shoreline Management Act and this Master Plan. 24. Infrastructure and services should be sufficient to support allowed shoreline uses. Where they do not exist, utility services routed through shoreline areas shall not be a sole justification for more intense development. C. Critical Areas and Shoreline Buffers Regulations: 1. GeneralDesignation of Critical Areas ---PAGE BREAK--- 41 a. Critical Areas within shoreline jurisdiction shall be identified per Section 3.2 (Wetlands), Section 4.2 (Wildlife/Fish Habitat Conservation Areas), Section 5.2 (Geological Hazardous Areas), Section 6.2 (Aquifer Recharge Areas), and Section 7.2 (Frequently Flooded Areas) of the Klickitat County Critical Areas Ordinance adopted August 6, 2013 as Ordinance Number O080613; those sections are adopted by reference as part of the Klickitat County Shoreline Master Plan. In the event the above listed incorporated provisions of Ordinance 080613 are found inconsistent with standards and requirements in this Master Plan, this Master Plan shall govern. 2. Wetlands a. The following uses shall be regulated to achieve, at a minimum, no net loss of wetland area and functions, including lost time when the wetland does not perform the function: The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; The dumping, discharging, or filling with any material, including discharges of stormwater and domestic, commercial, or industrial wastewater; The draining, flooding, or disturbing of the water level, duration of inundation, or water table; The driving of pilings; The placing of obstructions; The construction, reconstruction, demolition, or expansion of any structure; Significant vegetation removal, provided that these activities are not part of a forest practice governed under chapter 76.09 RCW and its rules; Other uses or development that results in an ecological impact to the physical, chemical, or biological characteristics of wetlands; or Activities reducing the functions of wetland buffers. b. If a proposal is located within 300 feet of a wetland, the applicant shall provide a wetland boundary/delineation/survey and wetland rating, with analysis of impacts to existing ecological functions prepared by a qualified professional. Wetland boundaries shall be delineated using the currently approved federal manual and supplements. Impacts shall be mitigated pursuant to adherence to appropriate buffers. Impacts that will not be mitigated by buffers will be mitigated pursuant to mitigation sequencing. c. Wetland rating shall be consistent with the critical areas ordinance, and shall use the Department of Ecology’s Washington State Wetland Rating System for Eastern Washington, Revised Version (2004). Subsequent revisions to the Ecology Rating System will also be used as guidance to the extent they do not present significant departures from the document as adopted in 2004. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Eastern Washington (Ecology Publication #14-06-030, or as revised and approved by Ecology). d. Standard wetland buffers: ---PAGE BREAK--- 42 Category Buffers I 300’ II 200’ III 75’ IV 75’ e. Averaging of required wetland buffer width shall be allowed if a qualified professional prepares a mitigation plan that demonstrates no net loss of existing wetland ecological functions will result. In no case shall the total area within the averaged buffer area be less than the area contained within the required buffer areas without averaging, and no portion of an averaged buffer area shall be reduced by more than 5025 percent of the standard buffer width or be less than 50 feet wide, except for buffers between Category IV wetlands and adjacent uses. This would mean that buffer averaging would result in the minimum width for each of the categories being: Category Buffer I 225 feet II 150 feet III 56 feet IV 56 feet f. Compensatory mitigation shall be allowed only after mitigation sequencing is applied and higher priority means of mitigation are determined to be infeasible. g. An alternative mitigation plan, prepared by a qualified professional, providing for restoration/enhancement, or replacement may be accepted if the mitigation plan will achieve no net loss of existing ecological functions. The Mitigation of wetland losses and impacts to existing ecological functions shall be in the following descending order of preference: Complete restoration. In-kind replacement in the same functional area. In-kind replacement outside the area. Out-of-kind replacement inside the area. Out-of-kind replacement outside the area. h. If mitigation is located off-site, the wetland mitigation plan shall assess whether an appropriate location has been identified to adequately replace lost wetland functions at the site of impact. The mitigation plan will evaluate the site to assess if a site has a high likelihood of success due to an adequate source of water, ability to control invasive species, appropriate adjacent land uses and development pressures, adequate buffers, connectivity to other habitats and other relevant factors. The plan shall provide for land acquisition, construction, maintenance, and monitoring of replacement/compensatory wetlands. Mitigation shall be completed prior to wetland destruction or concurrent with development. Any restored, created, purchased, or enhanced wetland shall be maintained as a wetland in perpetuity. All wetland restoration, creation and/or enhancement projects required pursuant to this ordinance either as a permit condition or as the result of an enforcement action must be approved by the Planning Department prior to commencement of any wetland restoration, creation or enhancement activity. 3. Fish and Wildlife ---PAGE BREAK--- 43 a. Where a project is proposed within a Wildlife/Fish Habitat Conservation Area, and existing ecological functions are likely to be impaired by the project, a habitat management plan will be required, unless the exception noted below is met. The limits of development and other related activities within the conservation area shall be based on the recommendations of the plan. The plan shall be prepared by a qualified professional. A plan is not required if the applicant places a particular emphasis on protecting the conservation area by avoiding the impact by not taking a certain action or part(s) of an action or minimizing impacts by limiting the degree or magnitude of the action and its implementation. If complex mitigation which requires the expertise of a qualified professional is necessary, a habitat management plan will be required b. Activities may be permitted within a conservation area subject to conditions designed to avoid probable, significant adverse impacts to the conservation area and to protect the existing ecological functions of the conservation area, provided that the county may deny a project if probable, significant impacts to the conservation area cannot be avoided or if critical area function and value cannot be protected with mitigation c. Buffer Standard Buffer (Measured horizontally from OHWM) Water Type Standard Buffer Type S Waters 200 feet Type F Waters 150 feet Type Np Waters 50 feet Type Ns Waters 25 feet Buffers for shoreline waterbodies are listed in Section 4.3, Dimensional Standards. Water type shall be determined using the criteria set forth in WAC 222-16-030. Artificially created structures, ditches, canals, ponds, irrigation return ditches, and stormwater channels shall not be considered a stream for purposes of this section. Averaging. Averaging of required buffer widths shall be allowed if the applicant demonstrates that functions will not be reduced. In no case shall the total area within the averaged buffer area be less than the area contained within the required buffer area without averaging, and no portion of an averaged buffer shall be reduced by more than 5025 percent of the standard buffer width or be less than 25 feet wide Active Setback Maintenance. Buffer width reductions not exceeding 5025 percent, and in no event less than 5025 feet, may be approved if: a qualified professional prepares a management plan identifying landscaping and buffer maintenance measures, based on site characteristics (including the slope of the site, the uses on the site and proximate to the site, the ability of vegetation to uptake pollutants and runoff on the site) which effectively filters sediment and pollutants, and for fish bearing streams, protects fish habitat through incorporation of reasonable shading and vegetation/woody debris. The management plan must ensure no net loss of existing ecological functions for the life of the project Riparian vegetation in buffers shall not be removed, with the exception that a view/access corridor to the OHWM may be cleared to a width not to exceed 25 feet if existing ecological functions will not be impacted and/or migration will ---PAGE BREAK--- 44 be unaffected. If the functions and values of critical areas are impaired, mitigation will be imposed, such as widening the riparian buffer at the same location, or widening or enhancing the buffer at another location. d. Wildlife Habitat Management Plans shall meet the following criteria: Plans shall be prepared by a qualified professional, at the expense of the applicant; Relevant background information shall be documented and considered; Critical fish/wildlife habitat conservation areas shall be delineated if applicable; The size, scope, configuration or density of new uses and developments within a core habitat and wildlife buffer zone shall be designed to protect threatened, endangered, or sensitive wildlife species, and habitats and species of local importance. The timing and duration of uses and developments may be regulated to ensure that they do not occur during a time of year when species are sensitive to disturbance; Developments shall be generally discouraged within critical wildlife/fish habitat conservation areas. Any development permitted shall be mitigated as outlined in Section 4.3(A) and Development may be conditionally authorized when the critical wildlife/fish habitat conservation area is inhabited seasonally; provided the development will have only temporary effects on the wildlife buffer zone and rehabilitation and/or enhancement will be completed before a particular species returns; If rehabilitation and enhancement actions are required, then they shall be documented in the wildlife management plan and shall include a map and text; The Plan shall include an analysis of the effect of the proposed use or activity upon critical wildlife and fish habitat conservation areas; The Plan shall explain how the applicant will avoid, minimize or mitigate adverse impacts to critical wildlife and fish habitat conservation areas created by the proposed use or activity. Mitigation measures within the plan may include, but are not limited to: Establishment of buffer areas; Preservation of critically important plants and trees; Limitation of access to habitat area; Seasonal restriction of construction activities; Conservation easements. The Plan shall incorporate use of scientifically valid methods and studies in the analysis of data and field reconnaissance. 4. Geologically Hazardous Areas ---PAGE BREAK--- 45 a. Upon receipt of a complete development application, U.S.G.S. topographic maps and NRCS soil information shall be reviewed to determine if the proposed development is in a geologically hazardous area. If the proposed site is in a geologically hazardous area, the applicant shall be responsible for securing the services of a professional engineer/geologist who shall provide information as follows: Maximum and average on-site slopes; Identification of groundwater seepage areas; Any known on-site landslide activity; Identification of any stream incision and/or erosion points; and The extent of any applicable alluvial fan. b. Proposed developments shall be designed in accordance with the requirements of the Uniform Building Code as written now or hereafter amended when a geologically hazardous area is found on or near the proposed development. c. Development sites for new structures identified with intermittent or perennial stream- side incision or erosion points shall have all structures located a minimum of 100 feet away from such points. d. Any disturbance to erosion hazard areas will require revegetation and stabilization with native plant materials. e. New development or the creation of new lots that would cause foreseeable risk from geological conditions to people or improvements during the life of the development is prohibited. f. New development that would require structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses where no alternative locations are available and no net loss of ecological functions will result. The stabilization measures shall conform to the regulations in 4.7.6, Shoreline Stabilization. g. Where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible, and less expensive than the proposed stabilization measure, stabilization structures or measures to protect existing primary residential structures may be allowed in strict conformance with 4.7.6, Shoreline Stabilization requirements and then only if no net loss of ecological functions will result. 5. Aquifer Recharge Areas a. Mitigation measures shall be utilized to minimize the risk of contamination. These will be tailored to each proposal but will be designed to ensure that development does not present a significant risk of aquifer recharge area contamination. All hazardous materials must be handled to minimize risk of leakage or accidental spills, and emergency response plans must be prepared. b. The following performance standards shall apply to all regulated uses in areas designated with high susceptibility to aquifer contamination. ---PAGE BREAK--- 46 Parcels requiring septic systems shall be subject to the minimum lot size requirement of the Klickitat County Health Department, in order to prevent groundwater contamination; All new development activities shall comply with the requirements of the Washington State Department of Health and the Department of Ecology, as they pertain to ground and surface water protection; The applicant shall comply with any state or federally required well-head protection program for public water supplies; Wells shall be set back at least 100 feet from adjacent property lines; Commercial and Industrial uses which process, use, store or produce hazardous, toxic, or otherwise dangerous materials shall meet all applicable federal, state, and local regulations within any aquifer recharge area to prevent groundwater contamination; and Any application which utilizes or generates hazardous or toxic materials shall be required to comply with state and federal regulations pertaining to hazardous or toxic material. 6. Frequently Flooded Areas a. Upon receipt of a complete development application, Flood Information Rate Maps (FIRM) shall be reviewed to determine if the proposed development is in a frequently flooded area. All frequently flooded area delineations, designations, surveys, reports, studies, plans, documents, etc. shall be performed by a qualified professional or firm. If the proposed site is in a frequently flooded area, the applicant shall be responsible for securing the services of a professional engineer who shall provide information as follows: Identification of the 100-year floodplain boundary on the site plan; Conform to the provisions of the Klickitat County Flood Plain Ordinance, Zoning Code, and Uniform Building Code; and Maintain pre-development movement (volume and velocity) of surface waters and prevent the unnatural diversion of flood waters into otherwise flood-free areas. Environmentally Sensitive Areas: 1. All development shall be located, designed, constructed and managed to protect and/or not adversely affect those natural features which are valuable, fragile, or scarce in a region, and to facilitate appropriate human use of such features, including, but not limited to: a. Marshes, bogs and swamps; b. Prime agricultural land; c. Natural resources, including, but not limited to, sand and gravel deposits, timber, or natural recreational beaches; d. Fish, shellfish, and wildlife habitats, migratory routes, and spawning areas; e. Accretion shore forms; and ---PAGE BREAK--- 47 f. Natural or man made scenic vistas or features. 2. When a development site encompasses valuable natural features which are hazardous for or sensitive to development, these areas or features shall be left intact and maintained as open space or buffers. All development should be set back from these areas to prevent hazardous conditions or property damage, as well as to protect valuable shore features. Minimum setbacks shall be designated on the permit site plan. 3. Marshes, bogs, and swamps shall not be disturbed or altered unless it is demonstrated that: a. The wetland does not serve any of the valuable functions of wetlands identified in U. S. Army Corps of Engineers 33 CFR 320.4(b), including but not limited to wildlife habitat and natural drainage functions, or b. The proposed development would preserve or enhance wildlife habitat, natural drainage and/or other valuable functions of wetlands as discussed in U.S. Army Corps of Engineers 33 CFR 320.4(b). 4. All development is prohibited within floodways, except certain permitted mining activities gravel bar scalping). 5. Any development permitted within a 100 year floodplain shall not measurably increase flood levels or profiles and shall not restrict or otherwise reduce floodplain and floodway capacities. This shall be demonstrated on the permit application as needed. 6. All shoreline developments within a 100 year floodplain shall be located, designed, and maintained to avoid, or if necessary, withstand 100 year frequency flooding and/or storm tides or surges without becoming hazards to life or property and without the placement of structural defense works. 7. Areas with either an existing or high potential for aquaculture activities shall be protected from degradation by other types of uses which may locate within one mile on an adjacent upland. A conclusive finding that such an adjacent use would result in irreparable damage to or destruction of an existing aquacultural enterprise shall be grounds for the denial of such use. 8. No development or activity including structures, clearing, dredging, filling, dumping, or grading is permitted within wetlands except as authorized by shoreline conditional use permit for the following: to enhance wildlife habitat, provide limited sensitive wetland public access, alter or create drainage improvements, or other uses clearly in the public interest. 9. Wetlands which are disturbed by construction, development, or activities, except where authorized by shoreline permit, shall be completely restored upon project occupation or use. A restoration plan should accompany permit application. 10. Applicants of developments adversely affecting wetlands shall submit with a shoreline permit application a wetland mitigation plan for approval, and shall provide for a bond to implement the mitigation plan if the required mitigation, including monitoring, cannot be completed by the expected project completion date. Wetlands shall not be developed unless all of the following conditions are met: ---PAGE BREAK--- 48 a. All alternative upland sites, solutions, and designs in the same ownership have been demonstrated to be infeasible. b. The proposal will result in no net loss of wetland functions, characteristics, types, and values. c. The proposal will be in the public interest and will result in an overall environment benefit in light of the provisions of this section. 12. Projects proposed within wetlands shall be scaled down and designed to minimize adverse, environmental effects to the utmost degree. 13. Compensation of wetland losses and impacts shall be in the following descending order of priority unless a greater environmental benefit can be demonstrated for an alternative choice or combination of choices: a. Complete restoration. b. In-kind replacement in the same functional area. c. In-kind replacement outside the area. d. Out-of -kind replacement inside the area. e. Out-of-kind replacement outside the area. 14. Wetland functional values shall be replaced at a minimum of a 1.25 for 1 ratio. Actual replacement acreage will be determined on a case-by-case basis and will often exceed original wetland acreage due to 1) inadequate success rates, 2) long term rates required to establish functions, and 3) differences in environmental design parameters. 15. A mitigation plan shall be required for developments or activities adversely affecting a wetland and shall include the following elements: a. Goals and objectives. b. Work schedule - initiation/completion dates, construction benchmarks, planting and maintenance schedules, etc. c. Methodology - includes wetland habitat types to be created, hydraulic characteristics (ground/surface) feasibility assessment, existing and proposed water (input/output) budget. d. Detailed site plan with precise contours and elevations; existing and proposed. e. Revegetation element including specific plants by genus/species, plant spacing and seed application, soil preparation, fertilization, and irrigation. f. Monitoring element - a quantitative and qualitative evaluation of progress toward successful mitigation to be conducted bi-annually and reported in writing to the responsible agency in order for that agency to determine compliance for a period of at least three years after project completion. g. Contingency element - providing several alternative mitigation proposals to be considered upon failure of a primary mitigation Plan. 16. In cases where attaining total mitigation is infeasible prior to project completion, a performance bond shall be required in an amount sufficient to enable the City/County to carry out the mitigation should the ---PAGE BREAK--- 49 applicant fail to do so. In all instances, the applicant shall be solely responsible to meet bi-annual mitigation goals, revegetate, and provide alternative designs and plans, if necessary. 17. An upland buffer area of at least fifty (50) feet in width shall be required around and adjacent to all wetland areas unless a greater distance is required by other provisions of this program. Variances from this regulation shall require the proponent to compensate for the reduction in wetland protection by providing an alternative method and an equivalent area in wetland functions and values. D. Cumulative Impacts 1. Cumulative impacts of individual uses and developments, including preferred uses and uses that are exempt from permit requirements shall be considered when determining whether a proposed use or development could result in a net loss of existing ecological functions. 2. Applicants may be required to prepare special studies, assessments and analyses as necessary to identify and address cumulative impacts. 4.4.2 Archaeological Areas and Historic Sites Archaeological areas, traditional cultural properties, historic rural landscapes, ancient villages, sites, and objects of indigenous cultures, military forts, old settler homes, ghost towns, and historic trails were often located on shorelines because of the proximity to food resources and because water provided important means of transportation. These sites are nonrenewable resources and many are in danger of being lost through present day changes in land use and urbanization. Because of their rarity and the educational link they provide to our past, these locations should be preserved. Policies 4-13 moved from existing policies in Section 2 A. Policies 1. Ensure that shoreline development provides for protection of areas and sites that have historic, cultural, archaeological, educational, or scientific value, in compliance with State and Federal laws. 2. As part of shoreline permit application review, Cconsult with the Office Department of Archaeology and Historic Preservation, concerned Indian Tribes or bands, and/or professional archaeologists to reference historic inventories and identify areas containing potentially valuable archeological data, and establish procedures for salvaging the data. 23. Avoid potential damage to cultural or archaeological resources and protect such resources if they are discovered during development, including compliance with all applicable state and federal laws. Where possible, all sites should be permanently preserved for scientific study and public observation. In areas known to contain valuable archaeological materials, attach a special condition to any shoreline permit requiring a site inspection and evaluation by an professional archaeologist to ensure that valuable archaeological materials are properly salvaged. 4. Whenever possible, public or private developments should be prevented from destroying or destructively altering any designated site having historic, cultural, scientific, or educational value as identified by appropriate authorities. ---PAGE BREAK--- 50 5. Klickitat County should coordinate with adjacent municipalities, federal, state, and local agencies in the preservation and enhancement of mutually relevant sites and areas. 6. Klickitat County should consider the purchase of appropriate sites to assure the preservation of a representative number of natural areas for scientific purposes as identified by proper authorities. 7. An assessment of historic, cultural, educational, or scientific values of proposed substantial developments should be included as part of the shoreline permit process. 8. As part of Klickitat County's continual updating of its Inventory and Master Plan sites of suspected or potential value should be inventoried. 9. Parks, trails and other forms of recreational open space should be coordinated with archeological and historic such sites when appropriate for their protection. 10. Access to areas of scientific significance should be restricted where appropriate to the resource being Pprotected. 11. Archeological and historic sites should be marked by appropriate signs noting the historical or cultural significance of that location. Signs should be designed to blend with the surrounding environment. 12. When practical, and not in conflict with the objective of protection of resource, more extensive interpretive services should be provided. 13. Archeological sites should not be marked by signs or other interpretive data if this would greatly increase the danger of vandalism. 3. Shoreline permits should contain special provisions which require developers to notify local governments if any possible archaeological materials are uncovered during excavations. 4. The National Historic Preservation Act of 1966, and RCW Chapter 43.51, and Senate Bill No. 5807, provide for the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures and objects significant in American and Washington history, architecture, archaeology or culture. The state legislation names the Director of the Department of Community Trade and Economic Development as the person responsible for this program. 5. Valuable historic sites and archaeological areas should be identified and acquired. B. Regulations 1. Permits issued in areas known to contain archaeological resources and/or historical information shall include a requirement that the developer provide for a site inspection, evaluation and report by a professional archaeologist for the area proposed for disturbance during construction in coordination with affected Indian tribes. Those artifacts deemed significant shall be recovered before work begins or resumes. The permit report shall require approval bybe submitted to the state and county before work can begin on a project. Project impacts will be mitigated prior to any use activities. 2. In the event that unforeseen factors constituting an emergency, as defined in RCW 90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified above, the project may be exempted from the permit requirement of these regulations. The county/city shall notify the State Department of Ecology, the State Attorney General's Office, Native American representatives, and the State Archaeologist, of such a waiver in a timely manner. ---PAGE BREAK--- 51 3. Archaeological and/or historical site use or modification in all shoreline environments require a Conditional Use Permit. 4. Developers and property owners are required to immediately stop work and notify Klickitat County, the Department of Archaeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation. As a condition of resuming work, all applicable state and federal permits, if required, shall be secured prior to commencement of the activities they regulate. 5. All feasible means shall be employed to ensure that data, structures, and sites having historical, scientific, educational, or archaeological significance are extracted, preserved, or used in a manner commensurate with their importance. 6. All developments proposed for location adjacent to historical sites which are registered on the State or National Historic Register shall be located and designed so as to be complementary to the historic site. Development which degrades or destroys the historic character of such sites shall not be permitted. 7. Consistent with constitutional and statutory limitations, public and private developments shall be located and designated to prevent destruction and alteration of sites having historic, cultural, scientific, or educational value as identified by appropriate authorities. 8. The establishment, restoration, or revitalization of historical, archaeological, scientific, or education facilities shall be done in such a manner that would cause minimal disturbance to adjacent properties as well as natural features of the shoreline. 4.4.3 Public Access Public access is an unobstructed access available to the general public to enjoy shorelands and waters of the state. Primary public access is a means of physical approach to and along the water’s edge. Visual access which provides views to the water without a corresponding physical access is considered a lower priority and a secondary type of public access. Public access may combine visual and physical elements in a variety of ways, however, the key feature of public access is that it must provide a means for the public to get to or view a shoreline from an adjacent public road or area. Goals The Shoreline Management Act places emphasis on protecting the rights of the general public to enjoy the physical and aesthetic qualities of a shoreline while allowing for controlled development consistent with the public interest. Public access can include, where appropriate, activities ranging from camping and fishing to the appreciation of a simple water view. Access can be to uplands adjacent to a shoreline, river, or stream corridor, and to the water itself. While public access is most frequently gained over public land, it can also be a mitigating component in a development on private land. In such cases, the public may gain some form of access to or near a shoreline, while the developer is able to complete a project that otherwise may have unacceptable impacts on public views, access to and use of a shoreline and water. Most often, this right of public access is obtained via a development condition and is expressed in an easement or a conveyance in fee simple. In addition to acquisition of public access on private lands, public access may also be achieved by developers contributing to a cooperative development of public properties such as street rights-of-way. The intent of the Shoreline Management Act and the Mmaster programPplan, through its policies and regulations, is to plan, provide, and maintain a comprehensive system of public access. Such a system should be designed to provide safe and abundant access to shoreline recreational areas, while preventing trespass onto private properties. ---PAGE BREAK--- 52 Water-oriented uses and activities are encouraged that provide an opportunity for substantial numbers of the public to enjoy the shorelines of the state. Policies 11-35 moved from existing policies in Section 2 A. Policies 1. In order to achieve these goalsthe County’s shoreline public access objectives goals, a Comprehensive Public Access Plan should may be developed and adopted which contains the following elements: a. Community public access goals and policies. b. Relation of access and recreational uses to land uses and development patterns, both existing and projected. c. Areas of differing access requirements and/or access types. d. Identification of special opportunities which result from unusual or desirable shoreline features, such as beaches, promontories, etc. e. Relation to recreational facilities, parks, etc. f. Standards to assure privacy for adjacent residents g. Organization and coordination of public planning and capital improvement efforts h. Rational for private development access requirements i. A comprehensive strategy to enhance the public's use and enjoyment of a shoreline through public and private actions j. Design and safety standards for improvements k. Incorporation into this Master PlanProgram, as appropriate, policies and regulations 2. Public access should be incorporated encouraged in all private and public developments. Exceptions may be considered for the following types of uses: a. A Individual single family residence not part of a development planned for more than four parcels.Residential development of four or less units or the subdivision of land into four or fewer lots. b. An individual multi-family structure containing fewer than three dwelling units c. Where deemed inappropriate in accordance with Regulation 21 below. (Page 4-10) 3. Development, uses and activities on or near a shoreline should not impair or detract from the public's visual or physical access to water. 4. Public views from a shorelines and upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of vegetation that partially impairs views. ---PAGE BREAK--- 53 5. Public access should be provided as close as possible to the water's edge and should be designed with provisions for handicapped and physically impaired persons. 6. Publicly-owned shorelines should be limited to water-dependent or public recreational uses, otherwise such shorelines should remain protected open space. 7. Public access afforded by shoreline street-ends, public utilities, and rights-of-way should be maintained, enhanced and preserved. 8. Public access provisions should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy. 9. The public access area should be a comfortable and safe place to visit, that is the visitors should feel they "belong" and that they are not intruding into private property. 10. There should be a physical separation or other means of clearly delineating public and private space in order to avoid unnecessary user conflict. 11. Shoreline access areas should be planned to include ancillary facilities such as parking and sanitation when appropriate. 12. Shoreline access should be designed and developed to provide adequate protection for adjacent private property. 13. Public access should be improved and policed on publicly owned shorelines consistent with intensity of use. 14. Appropriate signs should be used to designate publicly owned shorelines. 15. Facilities in public access areas should be properly maintained and operated. 16. Public access to and along the water’s edge should be available in publicly owned shorelines that are tolerant of human activity. 17. Within the shoreline environment, pedestrian and non motorized access should be encouraged. 18. A shoreline element in the parks acquisition and development program should be encouraged so that future shoreline access is acquired and developed by established criteria and standards as part of an overall master plan. 19. Private property owners should be encouraged and offered incentives to provide shoreline access. 20. Public pedestrian easements should be provided in future land use acquisitions whenever shoreline features are appropriate for public use. 21. Access development should respect and protect ecological and aesthetic values in the shorelines of the state. 22. Public viewing and interpretation should be encouraged at or near industrial, commercial and governmental shoreline activities when consistent with security and public safety. 23. Opportunities should be provided for the public to understand natural shoreline processes and experience natural resource features. 24. Stretches of relatively inaccessible and unspoiled shoreline should be available and designated as low intensity recreational use areas with minimal development; service facilities such as footpaths, ---PAGE BREAK--- 54 periphery car parks and adequate sanitary facilities should only be allowed where appropriate, and should be designed to minimize impacts. 25. Beaches and other predominantly undeveloped shorelines already popular should be available and designated as medium intensity recreational use areas to be free from expansive development; intensity of use should respect and protect the natural qualities of the area. 26. Small or linear portions of a shoreline suitable for recreational purposes should be available and designated as transitional use areas that allow for variable intensities of use, which may include vista points, pedestrian walkways, water entry points, and access from the water; utilizing stream floodplains, street ends, steep slopes and shoreline areas adjacent to waterfront roads. 27. At suitable locations, shorelines should be made available and designated as high intensive use areas that provide for a wide variety of activities. 28. Access to recreational shoreline areas afforded by water and land circulation systems should be determined by the concept of optimum carrying capacity and recreational quality. 29. Non water oriented recreational facility development should be kept on lands away from the water’s edge except where appropriate in high intensive shoreline use areas. 30. Appropriate specialized recreation facilities should be provided for the handicapped or others who might need them. 31. Shoreline recreation areas should provide opportunities for different use intensities ranging from low (solitude) to high (many people). 32. Opportunities for shoreline recreational experiences should include a wide range of accessibility and duration of use options. 33. Shoreline recreational experiences should include a wide range of different areas from remote outdoor undeveloped areas to higher developed indoor outdoor areas. 34. Recreational development should meet the demands of population growth consistent with the carrying capacity of the land and water resource. 35. Public access to shoreline such as trail, bikeways or roads should consider privacy of private property owners when locating them near private properties. C. Regulations 1. Implementation of the public access provision in this Master Plan shall be consistent with constitutional and legal limitations on the regulation of private property. Public access required for individual developments shall be related and proportionate to the level of demand for public access generated by the development. 2. Shoreline public access shall be provided for the following new shoreline uses and activities, except as designated in Subsection 3: Shoreline development by public entities, including local governments, port districts, state agencies, and public utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment. a. Shoreline development proposed or financed by public entities, including local governments, port districts, state agencies, and public utility districts; ---PAGE BREAK--- 55 b. New marinas or boating facilities, where water-enjoyment uses are associated with the facility; c. Shoreline development that proposes commercial uses on publicly-owned land; d. Shoreline development that is not a water-oriented or other preferred use or activity, as designated by the SMA, such as nonwater-oriented commercial or industrial development; e. New public structural flood hazard management measures, such as dikes or levees; f. Shoreline recreational development; g. When the proposed use or activity would be likely to generate additional public demand for physical or visual access to the shoreline; or h. Multi-unit residential development, including land divisions creating more than four lots. 3. An applicant shall not be required to provide public access if the Shoreline Administrator determines that one or more of the following conditions access shall be required for all shoreline development and uses proposed by private entities. Administrative exceptions may be authorized for a single- family residence or residential projects containing less than three dwelling units. A shoreline development or use that does not provide public access may be authorized by approval of a shoreline variance permit provided it is demonstrated by the applicant and determined by the city/county in its findings that one or more of the following provisions apply: a. Safe and convenient public access already exists in the general vicinity, and/or adequate public access is already documented at the property. b. The site is part of a larger development project that has previously provided public access as part of the development permitting process. c. The proposed development is for the subdivision of property into four or fewer parcels or involves the construction of four or fewer single-family or multi-family dwellings. d. The proposed development consists of only agricultural activities. e. Provision of public access at the proposed development site would result in a net loss of shoreline ecological function that cannot be effectively mitigated or avoided, or would pose a risk to threatened and/or endangered species listed under the Endangered Species Act. f. The proposal consists solely of a new or expanded utility crossing through shoreline jurisdiction, serving development located outside shoreline jurisdiction. g. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means; bh. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; ci. The cost of providing the access, easement, or an alternative amenity, is unreasonably disproportionate to the total long-term cost of the proposed development; ---PAGE BREAK--- 56 dj. Unacceptable environmental harm will result from public access which cannot be mitigated; or e. Significant undue, unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. Provided further, that the applicant has first demonstrated and the city/countyCounty has determined in its findings that all reasonable alternatives have been exhausted, including but not limited to: f. Regulating access by such means as maintaining a gate and/or limiting hours of use. g. Designing separation of uses and activities, i.e., fences, terracing, use of one-way glazing, hedges, landscaping, etc. h. Provision of an access at a site geographically separated from a proposal such as a street end, vista, or trails system. 23. In cases where a variance is granted from the public access requirement of regulation twoone (21) above, a payment in lieu of providing public access shall be required in accordance with RCW 82.02.020. 34. Developments, uses, and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public's visual or physical access to the water and shorelines. 45. Public access sites shall be connected directly to the nearest public street and shall include provisions for handicapped and physically impaired persons, where feasible. 56. Required public access sites shall be fully developed and available for public use at the time of occupancy or use of the development or activity. 67. Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat or short plat as a condition running in perpetuity with the land. Said recording with the County Auditor's office shall occur at the time of Permit approval (RCW 58.17.110). 78. The standard state approved logo or other approved sign(s) that indicate the public's right of access and hours of access shall be constructed, installed, and maintained by the applicant in conspicuous locations at public access sites. In accordance with regulation one two (21) signs may control or restrict public access as a condition of permit approval. 89. Future actions by the applicant or other parties shall not diminish the usefulness or value of a public access site. 10. Public access does not include the right to enter upon or cross private property, except on dedicated public rights-of-way or easements or where development is specifically designed to accommodate public access. 4.4.4 Water Quality, Storm Water, and Nonpoint Pollution A. Policies 1. All development and uses in shorelines of the state, as defined in WAC 173-26-020 that affect water quality shallshould incorporate provisions to protect against adverse impacts to the public health, to the land and its vegetation and wildlife, and to the waters of the state and their aquatic life, through implementation of the following regulations: ---PAGE BREAK--- 57 AB. Regulations 1. Prevent impact to water quality and storm water quantity that would result in a net loss of existing shoreline ecological functions, or a significant impact to aesthetic qualities, or recreational opportunities. 2. All development shall include provisions that address water quality and stormwater quantity, including public health, stormwater and water discharge standards. The regulations that are most protective of existing ecological functions shall apply. 3. The location, design, construction, and management of all shoreline developments and uses shall protect the quality and quantity of surface and ground waters adjacent to a site and shall adhere to guidelines, policies, standards, and regulations of applicable water quality management programs and regulatory agencies. 4. Solid and liquid wastes and untreated effluent shall not be allowed to enter any bodies of water or to be discharged onto the land. 5. The release of oil, chemicals, or other hazardous materials onto or into surface or ground water(s) is prohibited. Equipment for the transportation, storage, handling, or application of such materials shall be maintained in a safe and leak proof condition. If there is evidence of leakage, then further use of such equipment must be suspended until the deficiency has been satisfactorily corrected. 6. All shoreline developments and uses shall utilize effective measures to minimize any increase in surface runoff and to control, treat, and release surface water runoff so that receiving water quality and shore properties and features are not adversely affected. Such measures may include, but are not limited to dikes, catch basins or settling ponds, interceptor drains and planted buffers. Methods to be used shall be documented in the permit application when necessary. 7. All shoreline developments and uses shall utilize effective erosion control methods during project construction and operation. Methods to be used shall be documented in the permit application when necessary. 8. Land clearing, grading, filling, and alteration of natural drainage features and landforms shall be limited to the minimum necessary for development. Surfaces cleared of vegetation, and not to be developed, must be replanted as soon as possible. Surface drainage systems or substantial earth modifications shall be professionally designed to prevent maintenance problems or adverse impacts on shoreline features. 9. All shoreline developments shall be located, constructed, and operated so as not to be a hazard to public health and safety. 10. All development activities shall be located and designed to minimize or prevent the need for shoreline defense and stabilization measures and flood protection works, such as bulkheads, other types of bank stabilization, landfills, levees, dikes, groins, jetties, or substantial site regrades. 11. Navigation channels shall be kept free of hazardous or obstructing development or uses. 12. Herbicides and pesticides shall not be applied or allowed to directly enter water bodies or wetlands unless approved for such use by appropriate agencies (State Department of Agriculture or Ecology, U.S. Department of Agriculture, EPA). ---PAGE BREAK--- 58 4.4.5 Vegetation cConservation Vegetation conservation includes activities to protect and restore vegetation along or near shorelines that contribute to the ecological functions of shoreline areas. Vegetation conservation provisions include the prevention or restriction of plant clearing and earth grading, vegetation restoration, and the control of invasive weeds and nonnative species. Policy 5 moved from existing policies in Section 2 A. Policies 1. Vegetation conservation provisions should protect and restore the ecological functions and ecosystem- wide processes performed by vegetation along shorelines and should prevent direct, indirect, and/or cumulative adverse environmental impacts of shoreline development. 2. New uses and development should be encouraged to include activities that protect and restore vegetation along or near shorelines that contribute to the ecological functions of shorelines areas. 3. Selective pruning of trees for safety and view protection may be allowed. 4. Removal of noxious weeds is allowed. 5. In shoreline areas, after logging operations have been completed, reforestation or other planting should be undertaken and completed within one year, whenever possible. B. Regulations 1. Vegetation within shoreline buffers, other stream buffers, wetlands and wetland buffers, WDFW-mapped priority habitats and species areas, and other critical areas must be managed consistent with Section 4.4.1 of this Master Plan and the Klickitat County Critical Areas Ordinance adopted August 6, 2013 as Ordinance Number O080613. Regulations specifying establishment and management of shoreline buffers are located in Section 4.3, the Dimensional Standards table of this Master Plan. 2. Other vegetation within shoreline jurisdiction, but outside of shoreline buffers, stream buffers, wetlands and wetland buffers, and other WDFW-mapped priority habitats and species areas must be managed according to Section 4.4.1, Ecological Protection and Critical Areas, and any other regulations specific to vegetation management contained in this Master Plan, including this section, and Klickitat County Code. 3. Vegetation clearing must be limited to the minimum necessary to accommodate permitted shoreline development that is consistent with all other provisions of this Master Plan and local codes. Mitigation sequencing per Section 4.4.1.B.18, must be applied unless specifically excluded by this Master Plan or Section 4.4.1.B.17, so that the design and location of the structure or development, including septic drainfields, minimizes short- and long-term vegetation removal. The County may approve modifications or require minor site plan alterations to achieve maximum tree retention. 4. Where vegetation removal conducted consistent with this Section results in adverse impacts to shoreline ecological function, new developments or site alterations are required to develop and implement a mitigation plan per Section 4.4.1. 5. Mitigation measures must be maintained over the life of the use or development. ---PAGE BREAK--- 59 6. Shoreline vegetation may be removed to accommodate a temporary staging area when necessary to implement an allowed use or modification, but mitigation sequencing must be utilized and the area must be immediately stabilized and restored with native vegetation once its use as a staging area is complete. 7. Native tree removal in shoreline jurisdiction must be mitigated by installation of a similar native tree at a 2:1 impact to mitigation ratio. Non-native tree removal in shoreline buffers must be mitigated by installation of a native or suitable non-native tree at a 1:1 impact to mitigation ratio. All mitigation trees shall be preferentially placed in the shoreline buffer, unless the trees provide connectivity to upland habitats or other critical areas, and shall be held to a 75% survival standard at the end of three years. 8. Where a tree poses a safety hazard, it may be removed or converted to a wildlife snag if the hazard cannot be eliminated by pruning, crown thinning, or other technique that maintains some habitat function. If a safety hazard cannot be easily determined by the County, a written report by a certified arborist or other qualified professional is required to evaluate potential safety hazards. 9. Selective pruning of trees for views is allowed. Selective pruning of trees for views does not include removal of understory vegetation, and must not compromise the health of the tree. Topping of trees for views is not allowed. 10. Removal or chemical treatment of invasive species or noxious weeds included on the Washington State Noxious Weed List as a Class A, B or C weed on shorelands outside of steep or unstable slope areas is encouraged. a. Hand removal or spot-spraying of invasive species or noxious weeds is preferred, when feasible. b. Mechanical removal or large-scale chemical treatment of invasive species or noxious weeds is allowed when hand removal or spot-spraying is not practical, not feasible, or not recommended. c. Where noxious weeds and invasive species removal results in bare soils that may be subject to erosion or recolonization by invasive or noxious species, the area must be stabilized using best management practices and replanted with native plants (in or outside of shoreline or critical area buffers) or suitable non-native plants (outside of shoreline or critical area buffers). The replanted vegetation must be similar in size and structure at maturity to the removed vegetation. d. Invasive species removal efforts that exceed one-quarter acre should be phased if feasible to minimize potential erosion and sedimentation impacts. e. Aquatic weed control must only be permitted where the presence of aquatic weeds will adversely affect native plant communities, fish and wildlife habitats, or an existing water-dependent use. Aquatic weed control efforts must comply with all applicable state and federal laws and standards. 4.4.6 Flood Hazard Reduction Flood hazard reduction provisions apply to actions taken to reduce flood damage or hazard and to uses, development, and shoreline modifications that may increase flood hazards. Flood hazard reduction measures may consist of nonstructural measures, such as setbacks, land use controls, wetland restoration, dike removal, use ---PAGE BREAK--- 60 relocation, biotechnical measures, and stormwater management programs, and of structural measures, such as dikes, levees, revetments, floodwalls, channel realignment, and elevation of structures consistent with the National Flood Insurance Program. Exemptions: The Shoreline Management Act exempts from the requirement to obtain a Substantial Development Permit the normal maintenance and repair of existing shoreline stabilization and flood protection works and emergency construction necessary to protect property from damage by the elements. The Act also exempts the operation and maintenance of dikes, ditches, drains, or other facilities existing on September, 1975 which were created, developed, or utilized as part of an agricultural drainage or diking system. Although these structures are exempt from obtaining a Substantial Development Permit, compliance with all other prohibitions, regulations, and development standards of this section is still required. A. Policies 1. Where feasible, preference should be given to non-structural flood hazard reduction measures over structural measures. 2. Flood hazard protection measures should not result in a net loss of ecological functions and ecosystem- wide processes associated with rivers and streams. 3. Where flood protection measures such as dikes are planned, they should be placed landward of the streamway, including associated swamps, bogs and marshes directly inter-related and inter-dependent with the stream proper. 4. Shoreline stabilization and fFlood protection works should be located, designed, constructed, and maintained to provide: a. Protection of the physical integrity of the shore process corridor and other properties which might be damaged by interruptions of the geo-hydraulic system; b. Protection of water quality and natural ground water movement; c. Protection of valuable fish and other life forms and their habitat vital to the aquatic food chain; and d. Preservation of valuable recreation resources and aesthetic values such as point and channel bars, islands, braided streamway banks, other shoreline features and scenery. 5. Nonstructural flood control solutions should be used wherever possible, including limiting development in historically flood prone areas, regulating structural design and limiting increases in peak flow runoff from new upland developments. 6. Substantial stream channel direction modification realignment and straightening should be discouraged as a means of shoreline stabilization and flood protection. 7. Economic development which reduces water surface or flood plain storage capacity should not be permitted, except where a shoreline dependent use serves an overriding public interest; the flood hazard is not increased; and there are no reasonable alternative construction sites. B. Regulations ---PAGE BREAK--- 61 1. The following uses and activities may be authorized where appropriate and/or necessary within the channel migration zone or floodway: a. Actions that protect or restore the ecosystem-wide processes or ecological functions, including development with a primary purpose of protecting or restoring ecological functions and ecosystem-wide processes. b. Forest practices in compliance with the Washington State Forest Practices Act and its implementing rules. c. Existing and ongoing agricultural practices, provided that no new restrictions to channel movement occur. d. Mining when conducted in a manner consistent with the environment designation and with the provisions of subsection 4.5.4. e. Bridges, utility lines, and other public utility and transportation structures where no other feasible alternative exists or the alternative would result in unreasonable and disproportionate cost. Where such structures are allowed, mitigation shall address impacted functions and processes in the affected section of the watershed. f. Repair and maintenance of an existing legal use, provided that such actions do not cause significant ecological impacts or increase flood hazards to other uses. g. Modifications or additions to an existing nonagricultural legal use, provided that channel migration is not further limited and that the new development includes appropriate protection of ecological functions. h. Development in designated urban growth areas where structures prevent active channel movement and flooding. i. Measures to reduce shoreline erosion, provided that it is demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, that the measure does not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions, and that the measure includes appropriate mitigation of impacts to ecological functions associated with the river or stream. 2. Structural flood hazard reduction measures. a. New structural flood hazard reduction measures in shoreline jurisdiction may be allowed only when demonstrated by a scientific and engineering analysis that they are necessary to protect existing development, that nonstructural measures are not feasible, that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss, and that appropriate vegetation conservation actions will be undertaken consistent with subsection 4.4.5. c. New structural flood hazard reduction measures must be placed landward of associated wetlands and designated vegetation conservation areas, except for actions that increase ecological functions, such as wetland restoration; provided that such flood hazard reduction projects be authorized only if it is determined that no other alternative to reduce flood hazard to existing development is feasible. The need for, and analysis of feasible alternatives to, structural improvements must be documented through a geotechnical and hydrological analysis. d. New structural public flood hazard reduction measures, such as dikes and levees, must dedicate and improve public access pathways unless public access ---PAGE BREAK--- 62 improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, unacceptable and unmitigable significant ecological impacts, unavoidable conflict with the proposed use, or a cost that is disproportionate and unreasonable to the total long-term cost of the development. 3. The removal of gravel for flood management purposes must be consistent with an adopted flood hazard reduction plan and the County’s Shoreline Master Plan, and is allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood management solution. 4. Development within areas of special flood hazards must be consistent with KCC Title 21, Flood Hazard Management. 5. The County shall require and utilize the following information during its review of shoreline stabilization and flood protection proposals: a. River channel hydraulics and floodway characteristics up and down the stream from the project area. The size of the area to be considered depends upon the extent and nature of project work involved; b. Existing shoreline stabilization and flood protection works within the area; c. Physical, geological and/or soil characteristics of the area; d. Existing and proposed shoreline and water uses for the area; and e. Predicted impact upon area shore and hydraulic processes, adjacent properties, and shoreline and water uses. 6. The County may require professional design of shoreline stabilization and flood protection works where such projects may cause interference with normal river geo-hydraulic processes, leading to erosion of other upstream and shoreline properties or adverse effects to shoreline resources and uses. 7. Existing stream bank vegetation shall be preserved to the maximum extent feasible during flood control development. 8. New or expanded dike, revetment or riprap systems, cut-and-fill slopes, and backfilled areas shall be planted with self-sustaining and soil stabilizing vegetation that is compatible with natural stream bank vegetation. 9. River shoreline stabilization or flood control works shall, to the extent possible, be planned, designed, and constructed to allow for channel migration. These works shall not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains. ---PAGE BREAK--- 63 4.5 Resource Based Activities AGRICULTURE PRACTICES AQUACULTURE FOREST MANAGEMENT PRACTICES MINING 4.5.1 Agricultural Practices Agricultural practices are those methods used in vegetation and soil management, such as tilling soil, control of unwanted vegetation, control of plant diseases and insect pests, soil maintenance, and fertilization. Some of these practices require the use of agricultural chemicals, most of which are water soluble and may wash, if not property handled, into contiguous land or water areas potentially causing significant alteration and damage to plant and animal habitats, especially those in fragile shoreline areas. (Also, large quantities of mineral and organic sediments entering water bodies through surface erosion when proper land management techniques are not utilized.) Exemptions: The Shoreline Management Act exempts from the substantial development permit requirement construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, and the construction and maintenance of irrigation structures, including, but not limited to, head gates, pumping facilities and irrigation channels: PROVIDEDprovided, that a feed lot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the wetlands by leveling or filling other than that which results from normal cultivation, is not considered normal or necessary farming or ranching activities. A feed lot is an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but does not include land for growing crops or vegetation for livestock feeding and/or grazing, nor does it include normal livestock wintering operations. Finally, the Act exempts the operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. Although these structures are exempt from obtaining a Substantial Development Permit, compliance with all other prohibitions, regulations and development standards of this chapter is still required. Policies and Regulations revised per Walla Walla County example for simplicity A. Policies 1. Promote the continued economic viability of agriculture in Klickitat County and support its continued practice on existing agricultural lands. 2. Preserve and maintain productive agricultural lands in shoreline jurisdiction. ---PAGE BREAK--- 64 3. Encourage erosion control measures and shoreline restoration activities in accordance with the United States Department of Agriculture Natural Resources Conservation Service agency guidelines. 4. Control irrigation runoff to minimize the discharge of chemicals, fertilizer, sediment, and organic materials to surface waterbodies, in accordance with federal and state water quality standards. 5. Allow diversion of water for agricultural activities consistent with water rights laws and rules. 6. Encourage maintenance of native vegetation between cultivated areas and aquatic areas to reduce stormwater runoff, reduce sedimentation, and promote fish and wildlife habitat. Establish the use of erosion control measures, such as crop rotation, mulching, strip cropping, contour cultivation, and proper grazing use, in conformance with guidelines and standards established by the Natural Resource Conservation Service, U.S. Department of Agriculture. 2. Where large concentrations of livestock, and other agricultural products, exist which would produce waste runoff in quantities capable of disturbing the ecological balance of a stream, acceptable waste management practices should be employed so that state water quality standards are maintained. 3. Encourage the wise and efficient use of water resources for irrigation purposes so that instream flows will be maximized or maintained. 4. Agricultural chemicals and/or pesticides should not be allowed to enter into waterways, and should be used only in compliance with state application regulations. 5. Agricultural practices should adhere to U.S. Environmental Protection Agency regulations governing point and nonpoint discharges under the Federal Water Quality Act of 1972. 6. Valuable agricultural lands should be identified and protected for continued agricultural use. 7. The creation of new agricultural lands by diking, draining, or filling tidelands, tidal marshes, and associated wetlands should be prohibited. 8. Farm management techniques, operations, and control methods should protect the productivity of the land base by maintaining or improving soil quality and minimizing soil losses through erosion in accordance with applicable Natural Resource Conservation Service conservation practice guidelines. 9. A vegetative buffer should be maintained between agricultural lands and water bodies or wetlands in order to reduce harmful bank erosion and resulting sedimentation, enhance water quality by slowing and filtering runoff and maintain habitat for fish and wildlife. 10. Animal feeding operations, retention and storage ponds, feed lot waste storage, and manure storage should be located away from a shoreline and constructed to prevent contamination of water bodies and degradation of a shoreline environment. 11. Appropriate farm management techniques should be utilized to prevent contamination of nearby water bodies and adverse effects on valuable plant, fish, and animal life from fertilizer and pesticide use and application. 12. The scenic beauty of natural shorelines, as well as the historic value of many rural agricultural landscapes, should be protected in agricultural development. 13. Dairy, poultry, and feed lot operators should be encouraged to recycle animal wastes. ---PAGE BREAK--- 65 B. Regulations 1. The provisions of this Master Plan shall not require the modification or limitation of agricultural activities existing on agricultural lands as of the date of adoption of the Master Plan. 2. The following activities on agricultural lands are governed by the provisions of this Master Plan and subject to the requirements of this section: a. New agricultural activities on lands that do not have agricultural activities in place at the time of adoption of this Master Plan; b. Conversion of agricultural lands to non-agricultural use; and c. Development of non-agricultural activities on agricultural lands. 3. For the purposes of this Master Plan, agricultural lands temporarily removed from productive use for the purpose of voluntary enrollment in a local, State, or Federal conservation program shall be considered to remain in agricultural use. Returning such lands to agricultural production shall not be considered a new agricultural use, provided the land is not developed for any other non-agricultural or non-conservation use during the period between its removal from the conservation program and its return to agricultural production. 4. Agricultural uses and activities, including single-family residences associated with agricultural uses, shall be located and designed to ensure no net loss of shoreline ecological function. 5. Discharge of any manure storage facility into ground or surface water is prohibited. 6. New feedlots, stockyards, and manure lagoons, including commercial dairying, poultry farming, and hog ranching, are prohibited within shoreline jurisdiction. 7. Diversion of water for agricultural purposes shall be consistent with federal and state water rights laws and rules. 8. A shoreline permit shall be required for all agricultural activities not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv). Nothing in this section limits or changes the terms of the current exception to the definition of substantial development. 1. Agriculture development should conform to all applicable local, state, and federal policies and regulations. 2. The use of ground or surface water for irrigation purposes shall only occur with possession of a valid and current water right and shall not result in significant adverse environmental impacts, deplete essential water supplies of other legal users, nor decrease stream flow below established minimums. 3. All feed lots, open manure storage areas, and lagoons, shall be constructed and operated to prevent direct runoff, overflow or leaching of manure into a water body. 4. Confinement lots, feeding operations, retention and storage ponds, lot wastes, stockpiles of manure solids and storage of hazardous chemicals shall not be located in the floodway or within 200 feet of ordinary high water line, which ever is greater. ---PAGE BREAK--- 66 5. Within 100- year floodplain boundaries all liquid manure storage shall be diked, and, if feasible, adequately covered. 6. Stream banks and water bodies shall be protected from damage due to the over concentration of livestock by providing the following: a. An approved Natural Resource Conservation District Farm and/or Grazing Plan for all proposed and/or continued use within 200 feet of shorelines. b. Suitable bridges, culverts, or ramps for stock crossing; c. Ample supplies of clean water in tanks on dry land for stock watering; and d. Fencing or other grazing controls to prevent the overgrazing of or damage to buffer vegetation, bank compaction or bank erosion. 7. Wherever feasible, holding ponds for surplus wet season runoff shall be incorporated in land drainage projects to store excess water for later use in irrigation or stock watering, thus minimizing the depletion of local ground water levels in the dry season, as well as moderating high storm runoff peaks. 8. In the event that agricultural practices would cause erosion, said practices shall prevent and control erosion of soils and bank materials, minimize siltation, turbidity, pollution, and other environmental degradation of watercourses and wetlands. 9. The burning of weed and grass growth along drainage ditches shall be allowed if conducted in accordance with the guidelines and regulations of appropriate agencies. 10. Manure spreading shall be kept back from a shoreline a sufficient distance or otherwise conducted in a manner that prevents animal wastes from entering water bodies or wetlands that act as ground water recharge areas adjacent to such water bodies. 11. The disposal of inorganic farm wastes, chemicals, fertilizers, and associated containers and equipment within shorelines is prohibited, except organic wastes may be used for fertilization or soil improvement. The disposal of solid waste, including junk vehicles and equipment, debris, and brush, is also prohibited within a shoreline area. 12. Any application of agricultural chemicals to shorelines and/or adjacent lands shall be applied to prevent direct runoff of chemical laden waters into water bodies or aquifer recharge areas. 13. Aerial spraying of pesticides over water bodies is prohibited. 14. All structures requiring a shoreline location shall be set back at least 50 feet from the ordinary high water line, unless water dependent. 15. Best Management Practices shall be used in all agricultural activities. Agricultural practices which would degrade the vegetation will not take place within the Natural Buffer Zone. An effective buffer of permanent indigenous vegetation of at least fifty feet between grazed/tilled areas and associated water bodies, the purpose of which is to help retard surface runoff, reduce siltation, prevent streambank degradation, and maintain a viable protective corridor of riparian vegetation, shall be established and maintained. In grazed areas, fencing to protect riparian corridors shall be encouraged. 16. Agricultural structures that do not require a shoreline location barns, manure storage, etc.) require a minimum 100- foot setback from the ordinary high water line in all environments, except in the natural environment, in which they are prohibited. ---PAGE BREAK--- 67 17. New agricultural activities are activities that meet the definition of agricultural activities but are proposed on land not currently in agricultural use. New agricultural activities must assure that: a. Specific uses and developments in support of agricultural use are consistent with the environment designation in which the land is located. b. Agricultural uses and development in support of agricultural uses, are located and designed to assure no net loss of ecological functions and to not have a significant adverse impact on other shoreline resources and values. 18. Development on agricultural land that does not meet the definition of agricultural activities, and the conversion of agricultural land to nonagricultural uses, shall be consistent with the environment designation, and the general and specific use regulations applicable to the proposed use, and shall not result in a net loss of ecological functions associated with the shoreline. 17. Agriculture practices use limitations in shoreline environments: NATURAL-Prohibited Use: Agricultural uses, such as non-intensive pasturing or grazing, are allowed in the Natural Environment, provided that the 50- foot Natural Buffer Zone is maintained along the shoreline. CONSERVANCY-Permitted Use RURAL-Permitted Use COMMUNITY-Permitted URBAN/INDUSTRIAL-Prohibited Use 4.5.2 Aquaculture Aquaculture is the culture or farming of food fish, shellfish, or other aquatic plants and animals. Aquaculture is dependent on the use of the water area and, when consistent with control of pollution and prevention of damage to the environment, is a preferred use of the water area. Potential locations for aquaculture enterprises are relatively restricted due to specific requirements for water quality, temperature, flows, oxygen content, adjacent land uses, wind protection, commercial navigation, and in marine waters, salinity. The technology associated with some aquaculture is still in the formative stages and the County recognizes the necessity for some latitude in the development of this emerging economic water use as well as its potential impact on existing uses and natural systems. A. Policies 1. Aquacultural facilities should be designed so as to minimize both visual impact and detrimental effects on the quality of a shoreline area. 2. Aquaculture practices should not materially interfere with the normal public use of waters and shorelines. 3. Proposals for aquaculture activities should minimize adverse impacts on an area's aesthetic values and views from upland properties. 4. Aquaculture activities should not eliminate or destroy naturally-occurring areas of great biological productivity and should minimize adverse effects on sensitive plant and animal communities. Aquaculture should not be permitted in areas where it would result in a net loss of ecological functions. ---PAGE BREAK--- 68 5. When aquaculture operations are based on native stocks, harvesting should be managed to insure the maintenance and enhancement of long-term resource productivity. 6. Proposals for aquaculture activities should address potential adverse impacts to water quality. B. Regulations 1. All activities shall comply with all applicable aquaculture regulations. 2. Aquaculture is not allowed in areas where it would result in a net loss of ecological functions. Impacts to ecological functions must be mitigated according to the mitigation sequence described in 4.4.1.17. 3. Aquacultural facilities must be designed and located so as not to spread disease to native aquatic life and so as not to establish new nonnative species which cause significant ecological impacts. 42. Construction of facilities shall include provisions for solid and liquid waste disposal methods that will maintain water quality. Applicants shall provide some formal verification that their facility will maintain water quality standards. 35. The location of floating and submerged aquaculture structures shall not unduly restrict navigational access to waterfront properties or interfere with general navigation lanes and traffic. Floating structures shall remain shoreward of principal navigation channels. Other restrictions on the scale of aquaculture activities, to protect navigational access, may be necessary, based on the size and shape of the affected water body. 46. Aquacultural structures and activities that are not water dependent warehouses for storage of products, parking lots) shall, to the extent feasible, be located inland to minimize detrimental impacts to a shoreline. 57. Shore support structures located over water shall only be permitted if it is clearly demonstrated that the use is dependent upon the location for aquaculture operations. 68. Hatchery operations shall be required to maintain a minimum fifty- foot- wide vegetated buffer zone along the affected streamway, PROVIDEDprovided: that clearing of vegetation shall be permitted for essential water access points. 79. Aquaculture operations shall: a. Minimize and control all nuisance factors such as noise, odors, lights, and degradation of water and shoreline quality. b. Not dispose of wastes, oils, toxic materials, or other effluent in violation of water quality standards or so that such materials would degrade a shoreline and water environment. c. Not dispose of fish, shellfish or solid or liquid wastes nor abandon equipment, structures, or other materials on a shoreline and water areas. Disposal of shells is allowed when done to maintain shellfish cultivation beds. 810. All other non-water-dependent structures shall be located a minimum of fifty (50) feet landward from the ordinary high water line. 911. Aquaculture use limitation in shoreline environments: NATURAL-Prohibited ---PAGE BREAK--- 69 CONSERVANCY-Fish hatcheries, fish enhancement projects and/or expansion of existing facilities allowed by Conditional Use Permit. RURAL-Permitted COMMUNITY-Permitted URBAN/INDUSTRIAL-Permitted 4.5.3 Forest Management Practices Forest Management Practices are those methods used for the protection, production and harvest of timber and wise stewardship on forest lands. Trees and vegetation along a body of water provide shade which insulate the waters from detrimental temperature changes and dissolved oxygen levels and provide a healthy environment for fish and other more delicate forms of aquatic life. Poor logging practices on shorelines alter this balance as well as result in slash and debris accumulation, and may increase the suspended sediment load and turbidity of the water. The policies and regulations come from Walla Walla County’s SMP and offer a simplified acceptable version of the Forest Practices section. Most of the Forest Practices fall under the Forest Practices Act. The SMP mainly applies to conversions of forest lands. A. Policies 1. Promote forest management and timber cutting practices that protect or improve stream conditions, including temperature, dissolved oxygen levels, and turbidity, and that prevent the buildup of logging debris in waterbodiesTimber harvesting practices on shorelines of Klickitat County should be conducted so as not to degrade existing water quality, quantity, and fish habitat. 2. Ensure that forest practices result in no net loss of shoreline ecological functions and maintain the ecological quality of the watershed's hydrologic systemLogging should be avoided on shorelines with slopes of such grade and/or soil type that would likely cause serious sediment runoff, unless adequate restoration and erosion control can expeditiously be accomplished. 3. Special attention should be directed in logging and thinning operations to prevent the accumulation of slash and other debris in contiguous waterways. 4. Road and bridge construction should be accomplished with minimum disturbance to shoreline resources. Proper road and bridge design, location, construction, and maintenance practices should be used to avoid development of roads and structures which would adversely affect shoreline resources. 5. Roads should be adequately maintained to prevent water quality degradation. 6. Encourage the abandonment and/or acquisition of skid and haul roads after the completion of logging, along with the necessary rehabilitation practices to retard erosion and the import of sediment into state waters. 7. Shorelines having outstanding scenic qualities should be left in a substantially natural condition. Timber harvest in such areas should be limited to selective cutting which protects scenic views, and logging roads which would destroy the natural views of these areas should be prohibited. 8. Timber harvest in unique and fragile areas should be prohibited. Within the 50- foot Natural Buffer Zone, the USFS and Klickitat County should make efforts to acquire the one time allowable harvest rights where aesthetic and natural qualities deem it desirable. B. Regulations 1. Forest management practices shall comply with the regulations established by the Washington State Forest Practices Act (RCW 76.09). Where proposed forest practices in shoreline jurisdiction would fall ---PAGE BREAK--- 70 under the applicability of the Forest Practices Act, the local jurisdiction shall consult with the Department of Natural Resources regarding permittingAll forest management practices shall be done in compliance with the current version of the Forest Practices Act of 1974, the Washington Forest Practices Rules and Regulations, and the current version of the Timber/Fish/Wildlife Agreement of 1986. 2. Conversion of forest lands to any other use shall result in no net loss of shoreline ecological functions or significant adverse impacts to other shoreline uses, resources and values, such as navigation, recreation and public accessTimber harvesting practices in shorelines of Klickitat County shall be conducted so as not to degrade the existing water quality, quantity and fish habitat. 3. The harvest of timber within shoreline jurisdiction associated with a shoreline of statewide significance shall be required to comply with the selective cutting requirements of RCW 90.58.150No yarding, skidding or equipment operations shall be permitted within a stream. 4. Logging across sShorelines of sState-wWide sSignificance shall be prohibited. 5. Logging across shorelines, other than those of state-wide significance, shall be allowed, provided that all logs are fully suspended, and care is taken to prevent logging debris from entering a stream, and that water quality is not substantially deteriorated. 6. Logging within shoreline areas shall be conducted to ensure the maintenance of the 50- foot Natural Buffer Zone for ground vegetation, brush, deciduous or broadleaf trees to help prevent temperature increases adverse to fish populations and erosion of stream banks and preservation of riparian values. 7. Seeding, mulching, matting, and replanting shall be accomplished where necessary to provide stability on areas of steep slope which have been logged. The replanted vegetation shall consist of a similar or more desirable type, adaptation, or more may be appropriate to the area and density as existing in the general vicinity of the logged areas. 8. A Conditional Use Permit is required to allow timber cutting methods other than selective cutting on sShorelines of sStatew-Wide sSignificance. 9. Any conversion of commercial timber land in all shorelines requires a Conditional Use Permit. 10. For sShorelines of sState-Wwide sSignificance: a. Natural Buffer Zone (Measured 50 feet landward on a horizontal plane from the ordinary high water line): This area provides visual buffers, wildlife corridors, enhances fish habitat, and protects the water quality of shorelines. All of the requirements of the Washington State Forest Practices Act must also be met. b. Remaining 150 feet landward on a horizontal plane from the ordinary high water line: A partial cut (defined by WAC 222-16-010) of 30% of merchantable timber may be permitted once every ten years, if all of the requirements of the Washington State Forest Practices Act (administered by WA State Department of Natural Resources) can be met. An approved Forest Practices Application is required. c. For Shorelines: If an approved watershed analysis meeting the WA State Department of Natural Resources requirements has been done, this will take precedence over requirements stated above. d. Forest Management practices use limitations for sShorelines of sStatew-Wide sSignificance: ---PAGE BREAK--- 71 NATURAL BUFFER ZONE - Prohibited NATURAL - Prohibited CONSERVANCY- Permitted, as definedas defined above RURAL - Permitted, as defined above COMMUNITY - Permitted, as defined above URBAN/INDUSTRIAL - Permitted, as defined above 4.5.4 Mining Mining is the removal of naturally occurring materials from the earth for economic use. The removal of sand and gravel from shoreline areas of Washington usually results in erosion of land and silting of water. These operations can create silt and kill bottom-living animals. The removal of and from shorelines can deplete a limited resource which may not be restored through natural processes. A. Policies 1. Local governments should strictly control or prohibit the removal of sand and gravel from shorelines. 2. Mining should not be allowed in unique and fragile areas, or in Prime agricultural areas. 3. All practical measures should be taken to protect water bodies from all sources of pollution, including, but not limited to, sedimentation and siltation, chemical and petrochemical use and spillage, and storage or disposal of mining wastes and spoils. Maximum protection should be provided for anadromous fisheries resources. B. Regulations 1. Excavation of sand, gravel, and other minerals shall be done in strict conformance to all federal, state and local regulations. 2. Operations for the production of sand, gravel, rock, and minerals shall be done in conformance with all federal, state, and local regulations. Additionally: a. Proposals for surface mining shall include plans for site reclamation. b. State regulations shall be applied to all surface mining in shoreline areas regardless of acreage or duration of the operation. c. Mining activities shall allow natural shoreline systems to function with a minimum of disruption during their operations and shall return the site to as near a natural state as possible upon completion. d. Mining operations shall minimize adverse visual and noise impacts on surrounding shoreline areas. e. Mining activities shall be encouraged to locate outside shoreline areas in preference to shoreline locations. 3. All mining activities undertaken below the ordinary high water line must also comply with dredging policies and regulations contained in this Plan. Mining within the active channel or channels (a location waterward of the ordinary high-water mark) of a river shall not be permitted unless: ---PAGE BREAK--- 72 a. Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole; and b. The mining and any associated permitted activities will not have significant adverse impacts to habitat for priority species nor cause a net loss of ecological functions of the shoreline. 4. Mining proposals shall provide the following information as part of an application for a Shoreline Substantial Development Permit: a. Types of materials to be mined; b. Quantity of materials to be mined by type; c. Quality of materials to be mined by type. For certain minerals, a qualified geologist's evaluation may be required. d. Mining technique and equipment to be utilized; e. Depth of overburden and proposed depth of mining; f. Lateral extent and depth of total mineral deposit; g. Cross section diagrams indicating present and proposed elevations and/or extraction levels: h. Existing drainage patterns, seasonal, or continuous, and proposed alterations thereof: i. Proposed means of controlling/handling surface runoff and preventing or minimizing erosion and sedimentation: j. The location and sensitivity of any affected flood hazard areas; k. Subsurface water resources, aquifer recharge areas: origin, depth and extent; l. Quality analysis of overburden, excavation material and tailings with plans for storage, usage or disposition; m. Mining plan and scheduling, including seasonal, phasing, and daily operation schedules; n. Reclamation plan that meets the requirements of this section and, at a minimum, current Chapter 78.44 RCW for surface mining operations only; o. Screening, buffer, and/or fencing plans that meet the requirements of this section; and p. Access and haul road plans. 5. Mining operations shall comply with all local, state, and federal water quality standards and pollution control laws. Operations shall utilize effective techniques to prevent or minimize surface water runoff, erosion and sedimentation; prevent reduction of natural flows; protect all shoreline areas from acidic or toxic materials; and maintain the natural drainage courses of all streams. Surface water runoff shall be impounded as necessary to prevent accelerated runoff and erosion. ---PAGE BREAK--- 73 6. Overburden, mining debris, and tailings shall not be placed in water bodies or floodways and shall be stored and protected in such a manner so as to prevent or minimize erosion or seepage to surface and ground waters. 7. Mining operations shall provide maximum protection for anadromous fishery resources, including, but not limited to, limitations on the periods of the year during which mining activities may occur. 8. If substantial evidence indicates that mining operations are causing, or a continuation of operations would cause, significant adverse impacts to water quality or to the geo-hydraulic functioning of a river, the County may terminate a mining permit or impose further conditions on a mining operation. 9. In no case shall mining operations impair lateral support and thereby result in earth movements extending beyond the boundaries of the site. 10. Adequate precautions shall be taken to insure that stagnant or standing water, especially that of a toxic or noxious nature, does not develop, and that flooding and evaporation will not lead to the stranding of fish in open pits. 11. Setbacks and Buffers: Mining operations adjacent to developed residential property, public parks, public shorelines and accesses and along streams, lakes, and marine shorelines shall provide a view obscuring screen composed of compatible, native, self-sustaining vegetation. Screening and buffer vegetation shall be planted at the time of excavation or as soon thereafter as possible so as to be established within one year of commencing operation. Such screening shall be maintained in good, effective condition at all times. If vegetative screening is not possible, the Planning Department may require artificial screening or fencing to suit the site, operations, and shoreline area. 12. Reclamation plans submitted with each permit application shall provide for reclamation of a site into a use which is permitted by this Master Plan program and shall indicate when reclamation shall occur. 13. In order to insure the future use and viability of shoreline areas subsequent to mining activities, a reclamation plan shall include the following provisions to be fulfilled within one year of completed or abandoned operations: a. All equipment, machinery, buildings, and structures not involved in reclamation activities shall be removed from the site. All equipment utilized for reclamation shall be removed from the site upon review and approval of the reclamation as required by state and local agencies. b. No stagnant or standing water shall be allowed to collect or remain except as provided in an approved site reclamation plan. c. Back fill material shall be of natural, compatible materials. Combustible, flammable, noxious, toxic, or solid waste materials are not permitted as backfill. d. All overburden, waste, and nontoxic material storage piles and areas shall either be leveled, sodded and planted, or returned to the excavated area for reuse as backfill and subsequently sodded and planted. e. The site shall be rehabilitated so as to prevent erosion and sedimentation during and after reclamation. 14. Suitable drainage systems approved by the County Engineer shall be installed and maintained if natural, gradual drainage is not possible. Such systems should collect, treat, and release surface runoff so as to prevent erosion and sedimentation ---PAGE BREAK--- 74 15. To the extent possible, topography of the site shall be restored to the contours existing prior to mining activity. Contours of the reclaimed site shall be compatible with the surrounding land and shoreline area. 16. All banks, slopes, and excavation areas containing unconsolidated materials shall be sloped to no steeper than 2 1/2 feet horizontal to 1 foot vertical. All slopes shall be sodded or surfaced with appropriate soil to at least the depth of the surrounding, undisturbed soil and subsequently revegetated. 17. All banks, slopes, and excavated areas of consolidated material shall be sloped to no steeper than 1 foot horizontal to 1 foot vertical. 18. Revegetation shall consist of compatible, self-sustaining trees, shrubs, legumes or grasses. 19. All toxic and acid-forming mining refuse and materials shall be either treated so as to be nonpolluting prior to onsite disposal, or removed and disposed of away from shoreline areas. 20. The amount of land and shoreline area being excavated or lying disturbed and unreclaimed at any time without simultaneous reclamation being undertaken shall not exceed five acres. 21. Mining use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Conditional Use URBAN/INDUSTRIAL-Conditional Use 4.6 Development Activities • COMMERCIAL DEVELOPMENT • MARINA AND BOATING FACILITIES • OUTDOOR ADVERTISING, SIGNS & BILLBOARDS • PIERS AND DOCKS • PORTS AND WATER-RELATED INDUSTRY • RECREATION • RESIDENTIAL DEVELOPMENT • ROADS AND RAILROAD DESIGN & CONSTRUCTION • SOLID WASTE DISPOSAL ---PAGE BREAK--- 75 • UTILITIES 4.6.1 Commercial Development Commercial development are those uses which are involved in wholesale and retail trade or business activities, including hotels, motels, or any type of overnight or transient housing or camping facilities. Policies 6-8 moved from existing policies in Section 2 A. Policies 1. Although many commercial developments benefit by a shoreline location, priority should be given to those commercial developments which are particularly dependent on their location and/or use of the shorelines of Klickitat County and other development that will provide an opportunity for substantial numbers of the people to enjoy those shorelines of Klickitat County which will be opened to public use. 2. New commercial developments on shorelines should be encouraged to locate in those areas zoned for commercial use and/or Community and Urban/Industrial Environments. 3. An assessment should be made as to the effect a commercial structure will have on a scenic view significant to a given area or enjoyed by a significant number of people. 4. Service facilities should be placed inland away from the immediate water's edge and recreational beaches. 5. Industries which have proven to be environmentally hazardous should be prevented from locating within a designated shoreline. 6. To relieve stress on less developed areas, new economic development should be encouraged to locate in intensive use areas which can be upgraded and redeveloped. 7. New economic development should be encouraged to cluster whenever feasible. 8. Economic uses and activities should place inland all non shoreline dependent elements. Those non shoreline dependent uses which are allowed to remain may have moderate modification and reconstruction. B. Regulations 1. The County shall require and utilize the following information in its review of commercial development proposals: a. Nature of commercial activity; b. Need for shoreline frontage (where appropriate); c. Special considerations for enhancing the relationship of an activity to a shoreline; d. Provisions for public visual and/or physical access to a shoreline; and ---PAGE BREAK--- 76 e. Provisions to ensure that development will not cause severe negative environmental impacts. 2. Only those commercial developments that are related to or dependent upon a shoreline location shall be permitted; EXCEPT, a non-water-related use may be allowed in those environments where not expressly prohibited, upon determination that: a water dependent or water related use is not reasonably expected to locate on a proposed site due to topography, surrounding land uses, physical features or due to a site's separation from the water; a proposed use does not usurp land currently occupied by a water dependent use and will not interfere with adjacent water dependent uses; and/or a proposed use will be of appreciable public benefit by increasing public use, enjoyment or access to the shoreline. 3. Non-water dependent uses over water are prohibited. 4. Piers, moorages, floats and launching facilities may be permitted accessory to commercial development, Pprovided: a. The structure will serve a water-dependent or water-related use: b. The structure does not constitute a hazard to navigation; and c. The structure meets all standards for piers and docks. 5. All resorts and commercial recreational developments shall provide adequate public access to a shoreline and water areas. Other commercial developments shall provide public access to a shoreline and ecological restoration as mitigation for impacts to shoreline resources and values unless it is demonstrated to be infeasible, inappropriate, or unsafe. 6. Commercial developers shall be required to provide and maintain landscaping as part of their development. 7. Commercial development proposals must include parking plans showing location, size and design which demonstrate that all proposed parking is appropriate and necessary for a proposed use. 8. Commercial developments shall use holding systems to control runoff from parking lots and rooftops wherever possible. 9. Fuel storage tanks and pumps shall be located, designed and constructed so that any leaks or spills will not enter adjoining water bodies. 10. Commercial developments shall not contaminate surface waters, deplete or contaminate ground water supplies, nor generate increased surface runoff where such runoff would result in adverse effects. 11. Sewage disposal facilities and water supply facilities must be provided in accordance with appropriate state and local health regulation. Storm drainage facilities shall be separate, not combined with sewage disposal systems. Storm drainage shall be treated, both in terms of water quality and water quantity. 12. Commercial structures, where allowed in shoreline environments, shall be set back 100 feet from the ordinary high water line. 13. For commercial structures on sShorelines of sStatew-Wide sSignificance a height limitations for any new or expanded building or structure may be more restrictive than 35 feet in height when said ---PAGE BREAK--- 77 structures or buildings would obstruct the view of a substantial number of residences or upland property. 14. Commercial development must not result in a net loss of shoreline ecological functions or have significant adverse impact to other shoreline uses, resources and values such as navigation, recreation and public access. 154. Commercial development use limitations in shorelines environments: NATURAL-Prohibited CONSERVANCY-Commercial development on sShorelines of sStatew-Wide sSignificance is prohibited. Commercial development on shorelines is allowed by a Conditional Use Permit. RURAL-Commercial development on sShorelines of sStatew-Wide sSignificance is allowed by a Conditional Use Permit. Commercial development on shorelines is allowed. COMMUNITY-Permitted. URBAN/INDUSTRIAL-Permitted. 4.6.2 In-stream Structures In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose. A. Policies 1. The location and planning of in-stream structures should give due consideration to the full range of public interests. B. Regulations 1. The location and planning of in-stream structures shall give due consideration to the full range of public interests, including, but not limited to, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species. 2. In-stream structures shall provide for the protection and preservation of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas. 3. Stream control works shall allow for normal ground water movement and surface runoff flow into a streamway. 4.6.3 Marinas and Boating Facilities Marinas are facilities which provide boat launching, storage, supplies and services for small pleasure craft. Marina policies and regulations apply to any facility with ten or more moorage slips. A boating facility is any ramp, launch, moorage or other development designed to facilitate water access, and applies to a facility with nine or less moorage slips. Boating facilities excludes docks serving four or fewer single-family residences. A. Policies 1. In locating marinas and boating facilities, special plans should be made to protect and fully mitigate natural, cultural, and aesthetic resources that may be harmed by construction and operation of the facility. ---PAGE BREAK--- 78 2. Identify locations that are near high-use or potentially high-use areas for proposed marina and boating facility sites. Local as well as regional "need" data should be considered as input in location selection. (Refer to Supplement II. "Public Access Report".) 3. Special attention should be given to the design and development of operational procedures for fuel handling and storage in order to minimize accidental spillage and provide satisfactory means for handling those spills that do occur. 4. Shallow water embayments with poor flushing action should not be considered for overnight and long-term moorage facilities. 5. Local as well as regional need input should be considered in marina location. Marinas are considered inappropriate and unnecessary in river shorelines of the White Salmon, Klickitat, and Little Klickitat. Marinas should be discouraged on these shorelines. Light watercraft rentals, sales and services, which do not require a river bank location , should be considered inappropriate for shoreline areas. 6. Marina and boating facilities should be designed to accommodate public access and enjoyment of the shoreline location, including provisions for parking, walkways, view points, restroom facilities, and other recreational uses according to the scale of the facility. 7. Marina and boating facilities should be located and designed so their structures, other features and operations will be aesthetically compatible with or will enhance the area visually affected, and will not unreasonably impair shoreline views of upland residences and user groups. 8. Marina and boating facility areas should be located, designed, and operated so that neighboring water dependent uses are not adversely affected. B. Regulations 1. The development of boating facilities, and associated and accessory uses, shall not result in a net loss of shoreline ecological functions or other significant adverse impacts. a. The Washington State Department of Fish and Wildlifeeries has prepared guidelines concerning the construction of marinas and boating facilities. These guidelines shall be consulted in planning and prior development. 2. State and local health agencies have standards and guidelines for the development of marinas which shall be consulted by local agencies. 3. Marinas and boating facilities shall be designed so their structures, other features and operations will be aesthetically compatible with, and/or will enhance, existing shoreline features and uses, and so views from the uplands and the water are not significantly diminished. 4. Landscape plans shall mitigate adverse development impacts on adjacent properties, and protect and enhance views from upland areas for all marinas and boating facilities. 5. Covered moorage is allowed when consistent with other applicable regulations. 6. Liveaboards shall be discouraged. When allowed, they shall be connected to upland sewage facilities at all times that they are within the moorage. 7. New or expanded marinas shall include sanitary pumpout facilities available to the public unless the lack of need for such facilities is documented by the applicant. 8. No marinas or boat facilities shall be allowed on the free-flowing portion of sShorelines of sState-wide sSignificance. ---PAGE BREAK--- 79 9. Marinas and boating facilities shall protect the rights of navigation. 10. Extended vessel mooring on waters of the state must be allowed by applicable state regulations, requires a lease or permission be obtained from the state, and must mitigate impacts to navigation and public access. 119. Marina and Boating Facility use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Conditional Use URBAN/INDUSTRIAL-Conditional Use 4.6.4 Outdoor Advertising, Signs and Billboards Signs are publicly displayed boards whose purpose is to provide information, direction, or advertising. A sign, in order to be effective, must attract attention, without being offensive. There are areas where signs are not desirable, but generally it is the design that is undesirable, not the sign itself. A. Policies 1. Vistas and viewpoints should not be degraded and visual access to the water from such vistas should not be impaired by the placement of signs. 2. When feasible, signs should be constructed against existing buildings to minimize visual obstructions of the shorelines and water bodies. 3. All outdoor advertising signs should, when practical, be placed on upland side of public transportation routes which parallel adjacent rivers, streams and lakes, to avoid obstructions. 4. Off-premise outdoor advertising signs and billboards should not be permitted in shoreline areas. 5. Where outdoor advertising is permitted in shoreline areas, signs should be designed and placed so that size, height, illumination and other factors insure compatibility with the aesthetic quality of the existing shoreline and water environment and adjacent land and water uses. 6. Wherever feasible, signs should be flush-mounted against existing buildings to minimize visual obstructions of the shoreline. B. Regulations 1. All signs shall meet the provisions of all pertinent jurisdictions, when appropriate, including: Klickitat County Sign Ordinance, Washington Department of Transportation, and/or Columbia River Gorge Commission. 2. Off-premise outdoor advertising signs shall be limited to areas of high intensity land use, such as commercial and industrial areas. 3. Signs and lighting for signs shall conform to all federal, state, and county sign standards as developed. 4. Signs in the Natural Buffer Zoneshoreline buffers and the Natural Environment shall be for the purpose of safety information and direction only. ---PAGE BREAK--- 80 5. Off-premise outdoor advertising signs, displays, billboards, and/or roof-mounted signs are prohibited in all shoreline environments, EXCEPT off-premise free-standing signs may be permitted for community identification, information or directional purposes. Signs placed on trees or other natural features are also prohibited. 6. Any outdoor advertising within shoreline areas that does not meet the policies and regulations of this program shall be modified to conform with this program or removed within two years of the adoption of this plan. 67. When a business moves or ceases operation, the owner shall remove all signs and outdoor advertising. 8. Outdoor advertising, signs, and billboards use limitations in shoreline environments: NATURAL BUFFER ZONE - Conditional Use NATURAL - Conditional Use CONSERVANCY-Permitted RURAL - Permitted. COMMUNITY - Permitted URBAN/INDUSTRIAL - Permitted 4.6.5 Piers and Docks Piers and docks are structures which abut a shoreline and are used as a landing or moorage place for commercial and pleasure craft. Piers are built on fixed platforms above the water, while docks float upon the water. Piers and docks may be used for recreational or commercial/industrial purposes. Recreational piers and docks may be either single use piers and docks serving one residential lot or community piers and docks serving multiple lots, individuals or families. Piers and docks serving more than four single-family residences are considered boating facilities and piers and docks containing more than ten (10) moorage spaces are considered marinas, both of which and are regulated under that sectionSection 4.6.2, Marinas and Boating Facilities, of this master programMaster Plan. Recreational floats are also addressed in this section. Recreational floats are anchored offshore platforms for water-dependent recreational activities such as swimming and diving. Exemptions: Docks for private, non-commercial pleasure craft, and common to single family residences, and costing less than two thousand five hundred dollars ($2,500) aremay be exempt from the requirement for a shoreline Substantial Development Permit pursuant to RCW 90.58.030 (3-e-vii). The County, for the benefit of the lot owner, adjacent properties, and water body users, will review all proposals for piers and docks to determine if: 1. The proposal is or is not exempt from the requirement for a Substantial Development Permit; 2. The proposal is suitably located and designed and that all potential impacts have been recognized and mitigated; and 3. The proposal is consistent with the intent, policies, and regulations of the Act (RCW 90.58.140(1)) and this plan. A. Policies 1. The use of floating docks should be encouraged in those areas where scenic values are high and where conflicts with recreational boaters and fishermen will not be created 2. Open-pile piers should be encouraged, where shore trolling is important and where scenic values will not be impaired. ---PAGE BREAK--- 81 3. Priority should be given to the use of community piers and docks in all new major waterfront subdivisions. In general, encouragement should be given to cooperative use of piers and docks. 4. Address the problem of proliferation of single-purpose private piers and establish criteria for their location, spacing, and length. Delimit geographical areas where pile piers will have priority over floating docks. 5. The capacity of shorelines sites to absorb impacts of waste discharges from boats including gas and spillage should be determined before providing for boat docking facilities. 6. Piers and docks should be designed to cause minimum interference with public use of the water’s surface and shoreline. 7. Piers and docks and their associated activities should conserve and enhance water quality, fish, shellfish, and wildlife resources and habitats. B. Regulations 1. The construction of a pier or dock, designed for pleasure craft only, for the private non-commercial use of the owner, lessee, or contract purchaser of a single-family residence, the cost of which does not exceed $2,500.00, is exempt from the permit system. (90.58.030 (vii) RCW). 2. New piers and docks shall be allowed only for water-dependent uses or public access. a. A dock associated with a single-family residence is a water-dependent use provided that it is designed and intended as a facility for access to watercraft and otherwise complies with the provisions of this section. 23. Permit approval shall be subject to the approval of appropriate federal and state agencies for navigation and fish habitat. 34. Proposals for piers or docks shall include, at a minimum, the following information: a. Description of the proposed structure, including its size, location, design, and any shoreline stabilization or other modification required by the project; b. Ownership of shorelands or badlandsbedlands; c. Proposed location of piers or docks relative to property lines and ordinary high water line; and d. Location and length of piers or docks on adjacent Pproperties. e. Excluding docks accessory to single-family residences, a demonstration that a specific need exists to support the intended water-dependent uses. 45. Piers, docks, or floats shall be located, designed, and constructed so as to cause minimum interference with navigation and public use of the water’s surface and shoreline, and so as to cause no undue harm to adjacent properties. 56. Environmental Review: a. Piers and docks should shall be sited, and designed, and constructed to avoid or, if that is not possible, to minimize and mitigate all possible adverse environment ---PAGE BREAK--- 82 impacts, including potential impacts on littoral drift, sand movement, water circulation and quality, and fish and wildlife habitat. Structures must be made of materials that have been approved by applicable state agencies. b. In areas identified by the Departments of Fish and WildlifeFisheries, Game, or Natural Resources, as having a high environmental value for shellfish, fish life, or wildlife, piers and docks shall not be allowed except where functionally necessary to the propagation, harvesting, testing, or experimentation of said marine fisheries or wildlife, unless it can be conclusively established that the dock or pier will not beho detrimental to thoe natural habitat. c. The capacity of the shoreline site to absorb the impacts of waste discharges from boats and gas and oil spills should be considered in evaluating every proposed dock or pier. d. The use of mooring buoys for small boat and pleasure craft may be required in lieu of a dock or pier if a proposed dock or pier would adversely interfere with basic geo-hydraulic processes. 67. The length, width, number, and types of docks or piers shall be limited to that which is actually needed to fulfill its purpose. 8. New residential development of two or more dwellings must provide joint use or community dock facilities, when feasible, rather than individual docks for each residence. 79. Docks or pier use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Conditional Use URBAN/INDUSTRIAL-Conditional Use 4.6.6 Ports and Water-Related Industryial Development Port Districts become gravitational points for industrial/manufacturing activities. Heavy industry may not specifically require a water-front location but is attracted to port areas because of the variety of transportation available. Policies 9-13 moved from existing policies in Section 2 A. Policies 1. Water-dependent industries which require frontage on navigable waters should be given priority over other industrial uses. 2. Port facilities should be designed to permit viewing of harbor areas from viewpoints, waterfront restaurants, and similar public facilities which would not interfere with port operations or endanger public health and safety. 3. Sewage treatment, water reclamation, and power plants should be located where they do not interfere with and are compatible with recreational, residential, or other public uses of waters and shorelines. ---PAGE BREAK--- 83 Waste treatment ponds for water-related industry should not be located on shorelinesbe encouraged to locate outside of shoreline jurisdiction. 4. The cooperative use of docking, parking, cargo handling, and storage facilities should be strongly encouraged in water front industrial areas. 5. Land transportation and utility corridors serving ports and water-related industry should follow guidelines provided under the sections dealing with utilities, road and railroad design, and construction. Where feasible, transportation and utility corridors should be located upland to reduce pressures for the use of waterfront sites. 6. Port and water related industries planning should be based on a recognition of the regional nature of said services. Prior to allocating shorelands for port uses, local governments should consider statewide needs and coordinate planning with other jurisdictions to avoid wasteful duplication of port services within port service regions. 7. Since industrial wharves and piers are often longer and greater in bulk than recreation or residential piers, careful planning must be undertaken to reduce adverse impact of such facilities on other water dependent uses and shoreline resources. Because heavy industrial activities are associated with industrial piers and docks, the location of these facilities should be considered a major factor in determining the environmental compatibility of such facilities. 8. Industrial development and redevelopment should locate where environmental cleanup and restoration of the shoreline area can be incorporated. 9. Encourage cooperative use of docking, parking, cargo handling and storage facilities. 10. Public access and overlook points should be incorporated into industrial site plans when feasible. 11. Port facilities should be designed to provide public physical and visual access to the water, consistent with public health and safety. 12. Shoreline industrial developments should be encouraged to provide public fishing piers, boat ramps, shoreline access and other facilities. 13. Shoreline areas that are well suited to water dependent/water related economic activities should be identified and protected for those uses. B. Regulations 1. Parking and loading facilities shall be placed inland, away from the water's edge, and shall not be permitted in set-backs or side areas. 2. Prospective industrial projects shall be thoroughly investigated to forestall any enterprise which might degrade or substantially pollute a waterway or local environment. 3. All industrial development shall include sewage facilities in compliance with County Health Standards. 4. Industrial structures shall be of as low profile as feasible in a shorelines areas and spaced at intervals of not less than 50 feet, except as may be permitted by a Conditional Use Permit. 5. Approved landscaping for screening and blending with the environment shall be a part of industrial construction requirements. 6. Floating equipment (non-residential) is permitted in port bodies of water. ---PAGE BREAK--- 84 7. Waste treatment ponds for water-related industry shall not be located within shorelines area. 8. All fuels, chemicals, and toxic substances shall be kept, stored, handled and used in a fashion which assures that there will be no opportunity for contamination of waters. 9. The following structures are permitted: breakwaters, bulkheads, piers, docks, roads and utilities, buildings and warehouses, dikes, sheet piling for barges and large craft docking, and residences for security. 10. Heavy and light industrialy and commercial enterprises are permitted. 11. Fishing piers and recreation activities are permitted when they do not interfere with port operation or endanger public health and safety. 12. Marinas, industrial, agricultural (existing), commercial, and warehousing activities may occupy adjacent sites within port areas. 13. Other activities related to port facilities and activities may be permitted by conditional use permit. 14. Only new industries that are water-dependent shall be permitted on shorelines in Community and Urban/Industrial environments. Water-relatedNonwater-dependent uses shall have a minimum 50- foot setback buffer on shorelines in Community and Urban/Industrial environments. 15. Existing port or industrial development on shorelines which is neither water-dependent nor water-related shall be permitted to expand inland from, but not along, shoreline areas. 16. New nonwater-oriented industrial development shall be prohibited on shorelines except when: a. The use is part of a mixed-use project that includes water-dependent uses or navigability is severely limited at the proposed site, and the use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; or b. The site is designated for industrial use and physically separated from the shoreline by another property or public right of way. 17. Industrial development shall be located, designed, and constructed in a manner that assures no net loss of shoreline ecological functions and such that it does not have significant adverse impacts to other shoreline resources and values. 18. Water-oriented structures may be allowed to exceed a height of thirty-five (35) feet. Such structures may include, but are not limited to, facilities which must be of a greater height in order to function, such as cranes or other facilities designed to move or place products, fixed loading facilities that must provide clearance over vessels, storage facilities such as grain elevators, as well as accessory features such as lighting required for operations. The applicant must demonstrate compliance with the following criteria: a. The public interest will be served by accommodating the increased height. b. The view of a substantial number of residences in areas adjoining such shorelines will not be obstructed. c. Increased height will not substantially interfere with views from a designated public place, vista, or feature specifically identified in an adopted local, state, or federal plan or policy. ---PAGE BREAK--- 85 176. Port and water-related industry use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Prohibited RURAL-Prohibited COMMUNITY-Conditional Use URBAN/INDUSTRIAL-Permitted 4.6.7 Recreation Recreational development provides opportunities for the refreshment of body and mind through forms of play, sports, relaxation, amusement, or contemplation. It includes facilities for passive recreational activities such as skin diving, hiking, canoeing, kayaking, sailing, photography, viewing, and fishing. It also includes facilities for active or more intense uses such as parks, campgrounds, golf courses, and other outdoor recreation areas. This section applies to both publicly and privately owned shoreline facilities intended for use by the public or a private club, group, or association. Activities such as boating facilities, second home subdivisions, motels, and resorts are excluded from this category. Uses and activities associated with recreational developments which are identified as separate use activities in this Master Planprogram, such as Boating Facilities; Piers and Docks; Residential Development and Commercial Development, are subject to the regulations established for those uses in addition to the standards established for recreation in this section. A. Policies 1. Shoreline areas with a potential for providing recreational or public access opportunities should be identified for this use and obtained by lease or public purchase. 2. Access to recreational locations such as fishing streams and hunting areas should be a combination of areas and have linear access (parking areas and easements, for example) to prevent the concentration of use pressures at a few points. 3. Encourage the linkage of shoreline parks and public access points through the use of linear access. Many types of connections can be used such as hiking paths, bicycle trails, and/or scenic drives. 4. Attention should be directed toward the effect the development of a recreational site will have on environmental quality and natural resources of an area. Very fragile areas should be closed to recreational use. 5. Develop and enforce standards for the preservation and enhancement of scenic views and vistas. 6. To avoid wasteful use of the limited supply of recreational shorelands, parking areas should be located inland away from the immediate edge of waters and recreational beaches. Access should be provided by walkways or other methods. Automobile traffic on beaches, dunes and fragile shoreland resources should be discouraged. 7. Recreational developments should be of such variety as to satisfy the diversity of demands from groups in nearby population centers. 8. The supply of recreation facilities should be related to the demand for such facilities provided that they are within the carrying capacity of the land and are compatible with the environment designations. 9. Facilities for intensive recreational activities should be provided where sewage disposal and vector control can be accomplished which meet public health standards without adversely altering natural features attractive for recreational uses. ---PAGE BREAK--- 86 10. State and local health agencies have broad regulations which apply to recreational facilities and recreation watercraft which should be consulted by local governments in preparing and issuing Permits. 11. Provide sufficient shoreline recreation opportunity to satisfy a desired number of tourists while ensuring the protection of valuable natural attributes. 12. Provide balanced recreational opportunities to meet the needs of local residents and that have regional appeal. 13. Private local development of recreational access should be encouraged. 14. Recreational development should provide facilities for non-motorized access to a shoreline where the biophysical capabilities allow such uses. 15. A variety of recreational experiences and activities should be encouraged to satisfy diverse recreational needs and demands. 16. Recreational developments should be located, designed and operated to be compatible with and minimize adverse impacts on environmental quality and valuable natural features, as well as on adjacent and surrounding land and water uses. 17. Shoreline recreational development should be given priority and should be primarily related to access to, enjoyment of, and use of shorelines of the state. B. Regulations 1. The design and development of recreational areas shall protect natural features of the land, its vegetation, wildlife, water quality, aquatic life and habitat, and take into account the biophysical capabilities of a site. Such development shall not result in a net loss of shoreline ecological functions or ecosystem-wide processes. 2. Proposals for recreational development shall include a landscape plan and contain adequate parking facilities. Native, self-sustaining vegetation is preferred. 3. The removal of onsite vegetation shall be limited to the minimum necessary for the development of campsites, selected views, or other permitted structures or facilities. 4. In locating proposed recreational facilities such as playing fields, golf courses and other open areas which use large quantities of fertilizer and pesticides in their turf maintenance programs, provisions shall be made to prevent these chemicals from entering a water. If this type of facility is approved on a shoreline location, provision shall be made for protection of water areas from drainage and surface runoff. 5. No recreational buildings or structures shall be built over the water. 6. State and local health agencies have broad regulations which apply to recreation facilities which shall be consulted by local governments when issuing permits. (See references cited in WACs.) 7. Valuable shoreline resources and fragile or unique areas such as marshes, estuaries, and accretion beaches, shall be used only for non-intensive and non-structural recreation activities. 8. In proposing shoreline recreational developments, the applicant shall ensure that the development will maintain, enhance, or restore desirable shoreline features including unique and fragile areas, scenic views, and aesthetic values. The County may adjust and/or prescribe project dimensions, location of project ---PAGE BREAK--- 87 components on site, intensity of use, screening, parking requirements and setbacks, as deemed appropriate to achieve this intent. 9. Recreational developments shall provide facilities for non-motorized access to a shoreline such as pedestrian, bicycle and/or equestrian paths. 10. Proposals for recreational development shall include plans for sewage disposal. Where treatment facilities are not available, the appropriate reviewing authority shall limit the intensity of development to meet city, county, and state on-site sewage disposal requirements. 11. Recreational development shall be located, designed and operated in a manner consistent with the purpose of the environment designation in which they are located. 12. Recreation use limitation in shoreline environments: NATURAL-Conditional Use (Limited to such facilities as access trails and other passive activities.) CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Permitted URBAN/INDUSTRIAL-Permitted 4.6.8 Residential Development Residential development means one, two, or more buildings or structures, or portions thereof, which are designed for and used to provide a place of abode for human beings, including one and two family detached dwellings, multifamily residences, accessory dwelling units, townhouses, mobile home parks, and other similar group housing, and subdivisions and short subdivisions, together with accessory uses and structures normally common to residential uses including but not limited to driveways, grading which does not exceed two hundred fifty cubic yards (except to construct a conventional drainfield), utilities, garages, sheds, tennis courts, swimming pools, parking areas, fences, cabanas, satellite dishes, decks, saunas, and spas. Residential development shall not include hotels, motels or any type of overnight or transient housing or camping facilities (as these are considered commercial development). Uses and facilities associated with residential development which are identified as separate use activities in this program Master Plan, such as Marina and Boating Facilities, Piers and Docks, Bulkheads, Shoreline Stabilization and Flood Protection; Utilities; LandfillingFilling; and clearing and grading, are subject to the regulations established for those uses, in addition to any special conditions relating to residential areas established in this section. The Shoreline Management Act exempts certain activities from the requirement to obtain a Substantial Development Permit. [Refer to Sections 5-2 and 5-3 for complete exemption information.] Policies 9-23 moved from existing policies in Section 2 The following policies should be recognized in any residential development on the shorelines of Klickitat County. A. Policies 1. Residential development should be designed at a level of density, lot coverage, height of structure, and occupancy, compatible with the physical capabilities of a shoreline and water. 2. Residential developments should be designed so as to adequately protect water and shoreline aesthetic characteristics, views and normal public use of the water, and views from the water. ---PAGE BREAK--- 88 3. Public access to waters and pedestrian access to shorelines, which are open to the public, should be provided in an amount appropriate to an area, with every multi-unit development. 4. Adequate water supplies should be available so that ground water quality will not be endangered by over pumping. 5. Encourage new residential development to locate along shorelines only where public water and sewage disposal are available. 6. Select new residential sites that are physically suitable and exclude from or strictly regulate, residential development in problem areas such as steep slopes and ecologically fragile or sensitive areas, to assure minimum disruption of the environment. 7. Residential development should be permitted only where there are adequate provisions for utilities, circulation, and access. 8. Single-family residences are a priority use when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. 9. Residential development should be prohibited in areas of severe or very severe landslide. 10. Residential development should be discouraged in shoreline areas with slope of 40% or greater which are hazardous. 11. Shoreline areas containing other potential hazards geological conditions, unstable subsurface conditions, erosion hazards, groundwater or seepage problems) should be limited or restricted for development. The burden of proof that development of these areas is feasible, safe and ecologically sound is the responsibility of the developer. 12. Residential development should be discouraged in identified unique, fragile, and sensitive areas. 13. Residential development on piers or over water should not be permitted. 14. Landfill for residential development which reduces water surface or flood plain capacity should not be permitted. 15. In residential developments, the water's edge should be kept free of buildings and fences. 16. Every reasonable effort should be made to insure the retention of natural shoreline vegetation and other natural features of the landscape during site development and construction. 17. Planned unit developments that provide public access and open space for the general public as well as to residents of the project are preferred, whether single family or multi-family developments. 18. Residential developments should be designed to enhance the appearance of a shoreline and not substantially interfere with the public's view and access to and from the water. 19. Residential development should plan to preserve shore vegetation, control soil erosion during construction, and restore damaged sites to a natural condition. 20. Housing should be located to minimize interference with shoreline dependent uses that are more important to an area. 21. Subdivision and new development should be designed to adequately protect the water and shoreline aesthetic characteristics, as well as visual qualities. ---PAGE BREAK--- 89 22. New residential developments should only be allowed in those shoreline areas where the provision for sewage disposal and drainage ways are of such a standard that adjoining water bodies would not be adversely affected by pollution or siltation. 23. Residential development along shorelines should be set back from the ordinary high water line far enough to make unnecessary such protective measures as filling, bulk heading, construction groins or jetties, or substantial regrading of a site. B. Regulations 1. New residential lots created through land division must be designed, configured and developed to: a. Prevent the loss of ecological functions at full build-out. b. Prevent the need for new shoreline stabilization or flood hazard reduction measures that would cause significant impacts to other properties or public improvements or a net loss of shoreline ecological functions. 12. New over-water residences, including floating homes, are prohibited. Over-water residential a. Combination Boathouses shall only be permitted at Bingen Marina. Combination Boathouses are structures designed to house a vessel and accommodate residential use. They shall be served by permanent utilities. Combination Boathouses shall be designed to minimize adverse impacts to: aquatic life, including anadromous salmonids; public use, including public navigation; and water quality. b. Over-water residential use shall be permitted only as a Conditional Use, and limited to combination boathouses and live aboard vessels, as defined in the Klickitat County Shorelines Master Program within an Urban/Industrial Environment and must meet state and local waste water treatment and utility requirements. c. Over-water residential uses shall be prohibited on or over any shorelines that were not created by the U.S. Army Corps of Engineers as an artificial basin, excavated from uplands, prior to the enactment of the Shorelines Management Act. d. Over-water residential uses shall be prohibited on shorelines that would require excavation of the shorelines to facilitate their use. e. Over-water residential uses shall be prohibited on shorelines that do not have pre-existing navigable access, which existed before the enactment of the SMA, to shorelines and Shorelines of Statewide Significance. f. Over-water residential uses shall be prohibited on lakes. 23. Developments in flood hazardous areas shall only be allowed in accordance with Klickitat County Codes and ordinances, federal and state regulations and guidelines. 43. Sewage disposal facilities and water supply facilities shall be provided in accordance with appropriate state and local health regulations. Storm drainage facilities may be required and shall be separate, not combined with sewage disposal systems. Storm drainage shall be treated both in terms of water quality and water quantity. 54. Plans for residential structures shall: ---PAGE BREAK--- 90 a. Preserve compatibility with a shoreline environment or include landscaping appropriate to the environment. The Administrator shall determine that the standards have been met, and; b. Include procedures to preserve shoreline vegetation, to control soil erosion during construction, and to restore damaged sites to normal condition. c. A scaled site plan shall be submitted to the Klickitat County Planning Department prior to issuance of a building permit. This plan shall show the ordinary high water line (OHWM) of a shoreline, the setback from the OHWM, existing and final grade, structures (including design, height, and color etc), roads and driveways, fencing, utilities, outdoor lighting, wells, septic systems, recreation facilities (decks, spas, etc.), vegetation to be removed, and proposed landscaping. 65. All residential structures, accessory uses and facilities shall be arranged and designed so as to preserve views and vistas to and from shorelines and water bodies and be compatible with aesthetic values of an area. 76. Prior to issuance of a building permit or other development approval, the developer shall submit adequate plans for preservation of shore vegetation, for control of erosion during and after construction and for the replanting of the site after construction. Such plans shall be a part of the Substantial Development Permit, if one is required. 87. No accessory structure shall obstruct the view from neighboring properties. 98. Boat ramps are permitted for individual residences only where upland slopes within twenty- five (25) feet of the ordinary high water line does not exceed twenty- five (25) percent, and where substantial cutting, grading, filling, or shoreline defense works are not necessary. 109. All structures shall be set back a minimum 100 feet from the ordinary high water line consistent with the shoreline buffers listed in Section 4.3, Dimensional Standards, except within the Community and Urban/Industrial designations, of which they will be set back a minimum of fifty (50) feet. 110. All existing lot lines legally established under prior to the adoption of this Master Plan the existing Klickitat County Shoreline Management Plan will be grandfathered. Any future subdivision shall be subject to the site criteria, as provided in Regulation 12 below. 121. LandfillingFilling shall not be permitted in marshes, bogs, and swamps for the purpose of residential development. Where such features exist within proposed subdivisions, they should be retained as open spaceretention as open space should be encouraged. 12. Residential use limitations in shoreline environments: NATURAL - ProhibitedConditional Use CONSERVANCY - Permitted use, dependent on site criteria. Site criteria for residences on shorelines require a minimum 100- foot setback from ordinary high water line. Site criteria for residences on sShorelines of sStatew-Wide sSignificance include a minimum 100- foot setback from ordinary high water line, and a minimum 660- foot river frontage. RURAL - Permitted dependent on site criteria. Site criteria requires a minimum 100- foot setback from ordinary high water line. Site criteria for residences on sShorelines of sStatew-Wide sSignificance include a minimum 100- foot setback from the ordinary high water line and a minimum 416- foot river frontage. COMMUNITY - Permitted dependent on site criteria Site criteria for residences on shorelines requires a minimum 50- foot setback from ordinary high water line. Site criteria for residences on sShorelines of sStatew-Wide sSignificance include a minimum 50- foot setback from the ordinary high water line and a minimum 104- foot (1/2 acre) river frontage. ---PAGE BREAK--- 91 URBAN/INDUSTRIAL - Conditional Use, a minimum 50- foot setback from the ordinary high water line (OHWM), shall apply to residences proposed landward of the OHWM. Setbacks for over water developments shall be set through the shoreline conditional use permit process. 4.6.9 Transportation FacilitiesRoads and Railroad Design and Construction A road is a linear passageway, usually for motor vehicles, and a railroad is a surface linear passageway with tracks for train traffic. Their construction can limit access to shorelines, impair visual qualities of water-oriented vistas, expose soils to erosion, and retard the runoff of flood waters. Policies 7-15 moved from existing policies in Section 2 A. Policies 1. Whenever feasible, major highways, freeways and railways should be located away from shorelands, except in port and heavy industrial areas, so that shoreland roads may be reserved for slow-moving recreational traffic. Public access to shorelines of particular interest should be provided. 2. Extensive loops or spurs of old highways with high aesthetic quality should be kept in service as pleasure bypass routes, especially where main highways, paralleling the old highway, must carry large traffic volumes at high speeds . 3. Since land-use and transportation facilities are so highly inter-related, the plans for each should be coordinated. The designation of potential high-use areas in the Mmaster Planprograms should be done after the environmental impacts of the transportation facilities needed to serve those areas have been assessed. 4. Road and railroad crossings of rivers and flood plain areas from one side of the floodway to the other should be built on structures rather than fill. Where a fill would impound or impede flood waters, the long axis should be parallel to the expected flood flow. 5. Abandoned road or railroad rights-of-way which contain unique shoreline amenities should be acquired for public benefit. 6. Pedestrian access should be built where access to public shorelines is desirable and has been cut off by linear transportation corridors. New linear facilities should enable pedestrian access to public shorelines where access is desirable. 7. Transportation corridors should be designed to harmonize with local topography and other natural characteristics of the shoreline through which they traverse. 8. Surface transportation facilities in shoreline areas should be set back from the ordinary high water line far enough to make unnecessary such protective measures as rip rap or other bank stabilization, landfill, bulkheads, groins, jetties or substantial site regrade. 9. New surface transportation development should be designed to provide the best possible service with the least impact upon the physical shoreline environment and existing shoreline uses. 10. New transportation development in shoreline areas should provide turnout areas for scenic stops and off road rest areas where topography, view and natural features warrant. 11. Shoreline circulation corridors with unique or historic significance or of great aesthetic quality should be retained and maintained for those characteristics. ---PAGE BREAK--- 92 12. Future development and maintenance of the Klickitat County Paths and Trails Plan should be encouraged to integrate with the overall Shoreline Plan and existing circulation and transportation systems. 13. Circulation routes should provide for non motorized means of travel. 14. Transportation facilities providing access to shoreline developments should be planned and designed in scale and character with the use proposed. 15. Transportation facilities and circulation facilities disruptive to public shoreline character which cannot feasibly be relocated should be conditioned or landscaped to minimize visual and noise pollution. B. Regulations 1. Transportation and parking facilities and routes shall be planned, located and designed to have the least possible adverse effect on unique or fragile shoreline features, to not result in a net loss of shoreline ecological functions or adversely impact existing or planned water-dependent uses. 2. All bridges and other water crossing structures shall be designed so as to not impede the passage of flood debris, not to alter normal stream passage, and not impede fish passage in fish bearing or potentially fish bearing water. 23. All culverts within shoreline areas shall be designed for a 50- year flooding minimum and shall be installed on natural slopes, or flumed to flow on to stable ground, or into an energy dissipater prior to entry into a stream. 34. All debris overburden and other waste material from construction shall be removed or distributed to restore a construction area to a state of natural or improved aesthetic value. 45. Road and/or bridge design, location, construction, and maintenance shall be utilized to prevent development of roads and structures which would adversely affect shoreline resources. 56. New transportation facilities in shoreline areas shall be located and designed to minimize or prevent the need for shoreline protective measures such as riprap or other bank stabilization, landfill, bulkheads, groins, jetties, or substantial site regrading. 67. Shoreline transportation facilities shall be designed to fit into the existing topography in order to minimize cuts and fills. 78. Roads located in wetland areas shall be designed and maintained to prevent erosion and to permit the natural movement of ground waters. 89. All debris, overburden, and other waste materials from construction shall be disposed of in such a way as to prevent their entry by erosion from drainage, high water, or other means into any water body. 910. Road locations shall be planned to fit into the topography so that minimum alterations of natural conditions will be necessary. 1011. Scenic corridors with public roadways shall have provisions for safe pedestrian and other non- motorized travel. Also, provisions should be made for sufficient view points, rest areas and picnic areas in public shorelines where significant natural resource values and existing recreational opportunities would not be negatively affected. 112. New sidetracks shall be designed to minimize disturbance to the shoreline. Justification must be provided that the proposal is the only feasible location; furthermore, that there are no alternative sites which would have less impact on the shoreline, while still meeting the project objective. All disturbed ---PAGE BREAK--- 93 areas shall be revegetated with native grasses, shrubs, and trees to eliminate impacts to erosion, aesthetics, and provide fish/wildlife habitat. Proposals that would impact wetlands shall comply with regulations 3 & 8 through 17 of the Environmentally Sensitive Areas Section of this plan. If fill is proposed in wetlands, the wetlands shall be replaced in accordance with the replacement ratios as listed in the WA State Wetlands Rating System for Eastern WashingtonSection 4.4.1, Ecological Protection and Critical Areas. 13. Parking facilities in shorelines shall be allowed only as necessary to support an authorized use and when environmental and visual impacts are minimized. 14. To the greatest extent feasible, accessory parking shall be located landward of the building or use it serves. 15. Stand-alone parking lots and parking garages shall be located on portions of the development site outside shoreline jurisdiction to the greatest degree feasible and shall be separated from the shoreline by vegetation, undeveloped space, a topographical barrier, or another building or structure. 124. Roads, bridges, and railroad design and construction use limitations in shoreline environments: NATURAL BUFFER ZONE - New roads, bridges, and railroads - Conditional Use. Maintenance, repair, and replacement of pre-existing/non-conforming uses are permitted. NATURAL - New roads, bridges, and railroads, - Prohibited. Maintenance, repair, and replacement of pre-existing/non-conforming uses are permitted. CONSERVANCY - New roads permitted. New bridges - Conditional Use. New railroads - Prohibited. New side tracks and double tracks next to existing railroad tracks - Conditional Use. RURAL - New roads and railroads - Permitted. New bridges - Conditional Use. COMMUNITY - New roads and railroads - Permitted. New bridges - Conditional Use. URBAN/INDUSTRIAL - New roads and railroads - Permitted. New bridges - Conditional Use. 4.6.10 Solid Waste Disposal Generally, all solid waste is a possible source of much nuisance. Rapid, safe, and nuisance-free storage, collection, transportation, and disposal are vital concerns to all persons and communities. If the disposal of solid waste material is not carefully planned and regulated, it can become not only a nuisance but a severe threat to the health and safety of human beings, livestock, wildlife, and other biota. A. Policies 1. The mMaster Plan program and use regulations should be consistent with the approved Klickitat County Solid Waste Management Plan, and regulations of jurisdictional health agencies. 2. Regulate sanitary landfills and solid waste handling in accordance with regulations of solid waste handling as adopted by Klickitat County. New regulations restricting sanitary landfills within any water course have been adopted by the Department of Ecology. B. Regulations 1. Disposal sites are prohibited on all shorelines within the County. 2. Except at the Roosevelt Intermodal Facility, all solid waste handling including, but not limited to, transfer stations, recycling, solid waste salvage and volume reduction shall not be permitted in any shoreline area. Permanent and long term storage of waste material within shoreline is inappropriate. 3. Solid waste shall not be disposed of in any shoreline area or into any stream or body of water. ---PAGE BREAK--- 94 4. Solid waste disposal facilities shall not be located within 200 feet of the ordinary high water line of any waterway within the county. 5. Solid waste disposal use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Prohibited RURAL-Prohibited COMMUNITY-Prohibited URBAN/INDUSTRIAL-Prohibited 4.6.11 Utilities Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, and the like. Solid Waste disposal sites and facilities are not included. (See Solid Waste Disposal for regulations pertaining to this use.) At this time, the most feasible methods of transmission are lineal ones consisting of pipes and wires. The installation of this apparatus necessarily disturbs the landscape but can usually be planned to have minimum visual and physical effects on the environment. A. Policies 1. Whenever these facilities must be placed in a shoreline area, the location should be chosen so as not to obstruct or destroy scenic views. Whenever feasible, these facilities should be placed underground, or designed to do minimal damage to aesthetic qualities of a shoreline area. 2. To the extent feasible, major transmission line rights-of-way on shorelines should tie in with the plan for public access. 3. Utilities should be planned to accommodate growth in shoreline areas. 4. Whenever possible utility lines to new structures in shoreline areas should be placed underground. 5. Utilities should utilize existing transportation and utility rights-of-way and corridors whenever possible, rather than creating new corridors. Joint use of rights-of-way and corridors should be encouraged. 6. Utilities should be located, designed and constructed to protect water quality and flow, fish and wildlife habitats, geo-hydraulic processes, and other shoreline resources. 7. Utilities should not be located in natural marshes, bogs, and swamps; estuaries; critical wildlife areas or other unique and fragile areas unless no feasible alternatives exist. 8. New utility facilities should be located so as not to require extensive shoreline protection work. 9. Shoreline uses should not be allowed where the comprehensive plan does not provide sufficient utilities to support them. Where they do exist, utility services routed through shoreline areas shall not be a sole justification for more intense development. B. Regulations 1. The Washington State Thermal Power Plant Siting Law (Chapter RCW 80.50) regulates the location of electrical generating and distribution facilities directly tied to the operation of a proposed thermal power plant. Under this law, the state preempts certification and regulation of thermal power plant sites and thermal power plants. ---PAGE BREAK--- 95 2. Upon completion of installation and/or maintenance projects, shorelines shall be restored to pre-project configuration, replanted with native species, and provided maintenance care until the newly planted vegetation is established. 3. Applications for installation of utility facilities shall include the following: a. Description of the proposed facilities; b. Reason(s) why the utility facility requires a shoreline location; c. Alternative locations considered and reasons for their elimination; d. Location of other utility facilities in the vicinity of a proposed project and any plans to include the facilities of other types of utilities in a project; e. Plans for reclamation of areas disturbed during construction; f. Plans for control of erosion and turbidity during construction; and g. Identification of any possibility for locating a proposed facility within an existing utility right-of-way. h. Description of how the design, location and maintenance will result in no net loss of ecological functions. 4. Utility development shall, through coordination with local government agencies, provide for compatible, multiple use of sites and rights-of-way. Such uses include shoreline access points, trail systems, and other forms of recreation and transportation, providing such uses will not unduly interfere with utility operations, endanger public health and safety or create a significant liability for the owner. 5. The following utility facilities, which are not essentially water-dependent, are prohibited in shoreline areas unless it can be shown that no alternatives are feasible: a. Water system treatment plants; b. Sewage system lines, interceptors, pump stations and treatment plants; c. Electrical energy generating plants (except for dam sites), substations, lines, and cables; d. Petroleum and gas pipelines; and e. Accessory uses and administrative structures for utilities. 6. Utility lines shall utilize existing rights-of-way, corridors and/or bridge crossings whenever possible, and shall avoid duplication and construction of new or parallel corridors in all shoreline areas. Proposals for new corridors in shoreline areas or water crossings must fully substantiate the infeasibility of existing routes. 7. Utility facilities shall be located to avoid destruction of or damage to marshes, bogs, and swamps; critical wildlife areas; and other unique and fragile areas except where it is demonstrated that no feasible alternatives exist. 8. Utility facilities requiring withdrawal of water from streams or rivers shall be located only where minimum flows, as established by the Washington State Department of FisheriesFish and Wildlife, can be maintained. ---PAGE BREAK--- 96 9. Where major facilities must be placed in a shoreline area, the location and design shall be chosen so as not to destroy or obstruct scenic views. 10. Construction of utilities under water or in adjacent wetlands shall be timed to avoid major fish migratory runs. 11. Utilities use limitations in shoreline environments: NATURAL BUFFER ZONE - Conditional Use NATURAL-Prohibited CONSERVANCY-Conditional Use RURAL-Permitted COMMUNITY-Permitted URBAN/INDUSTRIAL-Permitted 4.7 Shoreline Modification Activities 4.7.1 General Shoreline Modification Requirements Policies 3-9 moved from existing policies in Section 2 A. Policies 1. Allow shoreline modifications if the use or activity is permitted under this Master Plan and the modifications are consistent with KCC 19.42 Flood Hazardous Areas or where it can be demonstrated that the proposed activities are necessary to support or protect an allowed use or development. 2. Allow shoreline modifications if the use or activity is permitted under this Master Plan and only when adverse individual and cumulative impacts are avoided, minimized, and then mitigated as necessary to result in no net loss of shoreline ecological functions, in accordance with the mitigation sequence of this Master Plan. 3. Allow structural shoreline modifications only where they are demonstrated to be necessary to support or protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial damage or are necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. 4. Reduce the adverse effects of shoreline modifications and, as much as possible, limit shoreline modifications in number and extent. 5. Allow only shoreline modifications that are appropriate to the specific type of shoreline and environmental conditions for which they are proposed. 6. Assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. This is to be achieved by giving preference to those types of shoreline modifications that have a lesser impact on ecological functions and requiring mitigation of identified impacts resulting from shoreline modifications. 7. Where applicable, base provisions on scientific and technical information. ---PAGE BREAK--- 97 8. Plan for the enhancement of impaired ecological functions where feasible and appropriate while accommodating permitted uses. As shoreline modifications occur, incorporate all feasible measures to protect ecological shoreline functions and ecosystem-wide processes. 9. Avoid and reduce significant ecological impacts according to the mitigation sequence. B. Regulations 1. Structural shoreline modifications are only allowed where they are demonstrated to be necessary to support or protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial damage, or are necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. 2. As much as possible, limit the number and extent of shoreline modifications. 3. Shoreline modifications shall be appropriate to the specific type of shoreline and environmental conditions for which they are proposed. 4. Shoreline modifications individually and cumulatively shall not result in a net loss of ecological functions. 5. Shoreline modifications that have a lesser impact on ecological functions shall be given preference over other solutions. 6. Mitigation sequencing shall be required, if applicable. 7. Shoreline modifications shall incorporate all feasible measures to protect ecological shoreline functions and ecosystem-wide processes. ---PAGE BREAK--- 98 • BREAKWATERS • BULKHEADS • DREDGING • JETTIES AND GROINS • LANDFILLING • CLEARING AND GRADING • SHORELINE ALTERATION 4.7.2 Breakwaters, Jetties, Groins and Weirs Breakwaters are a protective structure usually built off-shore to protect beaches, bluffs, dunes, or harbor areas from wave action. However, because off-shore breakwaters are costly to build, they are seldom constructed to protect natural features alone, but are generally constructed for navigational purposes also. Breakwaters can be either rigid in construction or floating. The rigid breakwaters, which are usually constructed of riprap or rock, have both beneficial and detrimental effects on a shore. All breakwaters eliminate wave action and thus protect the shore immediately behind them. (For additional discussion, policy, and regulation. see following use activists for Jetties and Groins.) Jetties are structures generally built singly or in pairs perpendicular to a shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral sand drift. Jetties also protect channels and inlets from storm waves and cross-currents. Groins are wall-like structures built seaward from the shore to build or preserve an accretion beach by trapping littoral sand drift on the updraft side. Generally narrow and of varying groins may be built in a series along the shore. A. Policies 1. Breakwaters should be designed to have a minimum effect on sand movement and fish life. Any impacts to fish resources should be fully mitigated. 2. Restriction of the public use of surface water as a result of breakwater construction should be considered in granting shoreline permits for construction. 13. In the past, jetty and groin use activities were considered inappropriate to Klickitat County shoreline development; however, there may be situations where the use of jetties and/or groins is a preferable ---PAGE BREAK--- 99 alternative for stream bank protection. Jetties and groins should only be constructed to the extent necessary to provide protection to upland areas or facilities. 24. Because the purpose of these structures is to modify complex water movement and littoral drift systems, and may thus impact shorelines outside the project boundaries, professional design by a registered engineer is strongly encouraged and may be required. 35. When planning for breakwaters, jetties, or groins, the County should consider entire systems and/or sizable stretches of rivers or marine shorelines. This planning should consider off-site erosion or accretion that might occur as a result of these shoreline structures or activities. These structures should be developed in a coordinated manner among affected property owners and public agencies. 46. Breakwaters, Jjetties, s and groins and weirs should be located and designed so as to minimize adverse impacts on fish and wildlife resources and habitat. Any impacts to these natural resources should be fully mitigated. 57. Jetties and groins should not interfere with public access to publicly owned shorelines, to a water surface, and to other appropriate shorelines and waters. 68. Breakwaters, jetties, and groins should be located and designed so as to minimize adverse impacts on fish and wildlife resources and habitats. 797. Breakwaters, jetties, and groins and weirs should not interfere with public access to publicly owned shorelines, to a water surface, and to other appropriate shorelines and waters. B. Regulations 1. Breakwaters, jetties, groins, and weirs located waterward of the ordinary high-water mark shall be allowed only where necessary to support water-dependent uses, public access, shoreline stabilization, or other specific public purpose. 2. Breakwaters shall not be permitted where public use of a water surface would be severely restricted. 23. Proposals for breakwaters shall gain signatural approval from all shoreline land owners within a one mile radius of a project proposal. 34. Proposed designs for new or expanded breakwaters, jetties, and groins shall be designed by and so certified by a registered civil engineer. 45. The design of new breakwaters and jetties shall incorporate provisions for public access such as sightseeing and public fishing if the County determines such access to be feasible and desirable. 56. Breakwaters shall not be constructed unless positive need has been demonstrated. Applications shall include an evaluation for the need of a breakwater. 67. Breakwaters shall only be allowed to protect water dependent activities and as an integral component of a harbor, marina, or port. 78. Breakwaters, jetties, groins and weirs shall be designed to protect critical areas, and shall provide for mitigation according to the sequence in 4.4.1.B.178. 87. Breakwater use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Prohibited ---PAGE BREAK--- 100 RURAL-Prohibited COMMUNITY-Prohibited URBAN/INDUSTRIAL-Conditional Use 189. The design of jetties and groins shall conform to all applicable requirements established by the State Department of FisheriesFish and Wildlife and the U.S. Army Corps of Engineers. 2910. The County shall require and utilize the following information during its review of proposals for jetties and groins: a. Purpose of the structure; b. Construction of project relative to toe and crest of uplands; c. Location of project relative to toe and crest of uplands; d. Normal (average) land and high water elevations; e. Net direction of littoral drift, tidal currents (if any); and f. General direction and speed of prevailing winds. The following additional information is required for groins: g. Profile of uplands; h. Beach type, slope and materials; i. Uplands types, slopes, and materials; j. Soils types k. Physical or geological stability of uplands; and l. Predicted impact on area shore processes, adjacent properties, and upland stability. 31011. Proposals for groins, jetties, and solid breakwaters shall gain signatural approval from all shoreline land owners within a one mile radius of the project proposal. 41112. Jetties and groins shall only be permitted for navigational purposes, industrial activity, marinas, and public beach management as integral components of an overall development plan. 51213. Proposed designs for new or expanded breakwaters, jetties, and groins shall be designed by and so certified by a registered civil engineer. 61314. The design of new breakwaters and jetties shall incorporate provisions for public access such as sightseeing and public fishing if the County determines such access to be feasible and desirable. 714. Jetties and groins use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Conditional use permit RURAL-Conditional use permit COMMUNITY-Conditional use permitPermitted URBAN/INDUSTRIAL-Conditional use permitPermitted Bulkheads Bulkheads are retaining walls usually constructed parallel to a shore whose primary purpose is to hold or prevent sliding of soil caused by erosion or wave action. They are used to protect bluffs by retaining soil at the toe of a slope or by protecting the toe from erosion and undercutting. Bulkheads may also be used to protect the perimeter of a fill. "Normal protective" bulkheads protect existing shorelines and are used to protect single family residences and other developed properties. ---PAGE BREAK--- 101 Bulkheads may either be thin structures penetrating deep into the ground sheet piling) or more massive structures resting on the surface sand or grout-filled bags). Uses and activities related to bulkheads which are identified as separate use activities in this program, such as Shoreline Stabilization and Flood Protection, Landfill, Residential Development, Commercial Development and Ports and Industry, are subject to regulations for those uses in addition to standards for bulkheads established in this section. Note: Because of potential impacts to complex littoral drift systems and/or damage to other shoreline properties and features, professional design and engineering is strongly encouraged and may be required. Exemptions: The Shoreline Management Act exempts the construction of a normal protective bulkhead common to single family residences from the Substantial Development Permit requirement. However, these structures are required to comply with all prohibitions and development standards of this section. To qualify for RCW 90.58.030 (3-e-111) exemption from the shoreline permit requirement, and to assure that such bulkheads will be consistent with this program, a Letter of Exemption must be obtained from the County before commencing construction of any such bulkhead on marine, riverine, or lake shores. (See Section VII for a general discussion of exemptions.) A. Policies 1. Bulkhead location and construction should minimize alterations of a natural shoreline and minimize the cumulative river-channelization effect. 2. Bulkheads should be constructed in such a way as to minimize damage to fish habitats. 3. Prevent or minimize the effects of a proposed bulkhead on public access to publicly owned shorelines. 4. Bulkheads should be designed to blend in with the surroundings and not to detract from aesthetic qualities on a shoreline. B. Regulations 1. The construction of bulkheads shall be permitted only to the extent necessary where they provide protection to upland areas or facilities. Bulkheads shall be constructed in such a manner as to minimize encroachment within the ordinary high water zone of streams and minimize damage to fish habitats. Additionally: a. Bulkheads proposed for the aesthetic improvement of shoreline shall be considered only when the general public would benefit from such improvements. b. Bulkheads shall not be constructed for the purpose of creating land by filling behind a bulkhead. c. Bulkheads shall be located, designed, and maintained in a manner that will conserve and enhance water quality, fish, shellfish, and wildlife resources and habitats. 2. Construction of bulkheads shall be in accordance with standards developed by state and local environmental and health agencies. 3. Bulkhead design and development shall conform to all other applicable state agency policies and regulations including the Department of Fisheries criteria governing the design of bulkheads, landfills and marinas. 4. The County shall require and utilize the following information in its review of bulkhead proposals: ---PAGE BREAK--- 102 a. Construction materials; b. Method of construction; c. Location of project relative to toe and crest of uplands; d. Normal (average), low, and high water elevations; e. Net direction of littoral drift and tidal currents (if any): f. General direction and speed of prevailing winds; g. Profile rendition of beach and uplands; h. Shoreline type, slope, and materials; i. Upland type, slope, and materials; j. Soil types k. Physical or geologic stability of uplands; and l. Potential impact upon area shore processes, adjacent properties, and upland stability. 5. Bulkheads shall be allowed only when evidence is presented that one or more of the following conditions exist: a. Serious wave erosion threatens an established use or existing buildings on upland property: b. Bulkheads are necessary to the operation and location of water-dependent and -related activities consistent with this Master Program PROVIDED that all alternatives have proven infeasible use location, use design, non-structural shore stabilization options) and that such bulkheads meet other policies and regulations of this chapter; or c. Bulkheads are necessary to re-establish a shoreline boundary that has been eroded away within the past one year. The re-establishment of all other historical shoreline boundaries is prohibited. 6. Bulkheads shall not be permitted to protect a platted lot where no structure presently exists. 7. Bulkheads shall not be permitted for any purpose if they will cause significant adverse erosion or beach starvation. 8. The construction of a bulkhead for the primary purpose of retaining a landfill shall be prohibited, unless it is proposed in conjunction with a water-dependent use and is consistent with other policies and regulations of the program. 9. Gabions shall not be used for shore defense works where alternatives more consistent with this program are feasible, because of their limited durability (wire mesh filled with concrete or rocks) and potential hazard to shore users and the shoreline environment. 10. Bulkheads are to be permitted only where local physical conditions such as foundation bearing material, surface and sub-surface drainage are suitable for such alterations. ---PAGE BREAK--- 103 11. Bulkheads shall be sited and designed consistent with appropriate engineering principles. Professional geologic site studies or designs may be required for any proposed bulkhead for which a building permit is necessary if the County determines sufficient uncertainties exist. Grounds for such determination shall be inadequate information on local physical features and/or potential damage to other shoreline properties and features. 12. When a bulkhead is required at a public access site, provisions for safe access to a water shall be incorporated into the design. 13. Bulkhead use limitations in shoreline environments: NATURAL-Conditional Use CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Permitted URBAN/INDUSTRIAL-Permitted 4.7.3 Dredging Dredging is the removal or displacement of earth such as gravel, sand, mud, or silt, and/or other materials or debris from any stream, river, lake, or marine water body, and associated shorelines and wetlands. Dredging is normally done for specific purposes or uses, such as constructing and maintaining canals, navigation channels, turning basins, harbors, or marinas, sub-marine pipelines, or cable crossings; for obtaining material for fill or construction as part of an Aquacultural operation; or for dike repair and maintenance. Dredging may also be used for underwater mining activities. Dredge spoil is the material removed by dredging. Dredge spoil disposal is the depositing of dredged materials on land or into water bodies for the purpose of either creating new or additional lands for other uses or disposing of the by-products of dredging. Dredge spoil disposal on land is also subject to the landfill policies and regulations of this Master Plan program. Exemptions: Pursuant to WAC 173-27-040, the following actions are exempt from the requirement for a Shoreline Substantial Development Permit: 1. Operations, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands. 2. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975the effective date of the 1975 amendatory act which were created, developed, or utilized primarily as part of an agricultural drainage or diking system. Actions exempt from Substantial Development Permits are still required to comply with the Shoreline Management Act and the County Shoreline Master Plan. DOE/Army Corps of Engineers notifications of dredging proposals will be reviewed by the County to determine whether or not the activity is exempt from the requirement for a Substantial Development Permit and to insure that a proposed action is consistent with the intent, policies, and regulations of the Act and this plan. A. Policies 1. New development should be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging.Include long range plans for the deposit and use of spoils on land. Spoil deposit sites in water areas should also be identified by local government in cooperation with the State Departments of Natural Resources, Fish and Wildlife. Deposition of dredge material in water ---PAGE BREAK--- 104 areas should be allowed only for habitat improvement to correct problems of material distribution adversely affecting fish and shellfish resources. 2. Dredging and dredge spoil disposal should be located and conducted in a manner which minimizes damage to existing ecological values, natural and cultural resources of the area to be dredged, and the disposal site. 3. Dredge spoil disposal in water bodies should be discouraged, except for habitat improvements or where depositing dredge spoil on land would be more detrimental to shoreline resources than deposition in water areas. Spoil deposit sites in water areas should also be identified by local governments in cooperation with the State Departments of Natural Resources, and Fish and Wildlife. 4. Long-range plans should be developed for the deposit and use of spoil on land. 5. When dredge spoil has suitable organic and physical properties, dredging operators should be encouraged to recycle dredged material for use in agricultural areas, for beach feeding or shore rehabilitation, or for use as construction material. 6. Dredging operations should be planned and conducted to minimize interference with navigation and adverse impacts to other shoreline uses, properties, and values. B. Regulations 1. New development shall be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. 2. Applications for shoreline dredging and disposal shall provide, at a minimum, the following information: a. Physical, chemical, and biological analysis of material to be dredged, including material composition particle size distribution, volume and amount, organic content, source of material, volatile solids, chemical oxygen demand (COD), grease and oil, oxygen and heavy metals, nutrients, sulfides and biological organisms, both permanent and migratory/transitory; b. Dredging technique, frequency, timing and procedures; c. Method of disposal, including the location, size, capacity and physical characteristics of the spoil disposal area; d. Location and stability of baedlands adjacent to a proposed dredging area; e. Hydraulic analyses, including tidal fluctuations, current flows, direction and projected impacts. Hydraulic modeling studies may be required for large scale, extensive dredging projects, particularly in estuaries, in order to identify existing geo-hydraulic patterns and probable effects of dredging; and f. Assessment of water quality impacts. 23. In evaluating permit applications for any dredging project, the adverse effects of initial dredging, subsequent maintenance dredging, and dredge spoil disposal shall be considered. Dredging and dredge spoil disposal shall be permitted only where it is demonstrated that the proposed actions will not: a. Result in significant damage to water quality, fish, shellfish, and other essential marine biological elements; or ---PAGE BREAK--- 105 b. Adversely alter natural drainage and circulation patterns, currents, river and tidal flows, or significantly reduce flood water capacities. 34. Proposals for dredging and dredge spoil disposal shall include all feasible mitigating measures to protect marine habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials or toxic substances, dissolved oxygen depletion, disruption of food chains, loss of benthic productivity and disturbance of fish runs, and important localized biological communities. 45. Marshes, bogs, and swamps shall not be disturbed or altered through excavation, filling, dredging or disposal of dredged material unless it is demonstrated that there are no feasible alternatives and that the proposed development would preserve or enhance wildlife habitats, natural drainages, and/or other valuable functions of wetlands (as discussed in U. S. Army Corps of Engineers 33 CFR 320.4(b). 56. Dredging and dredge spoil disposal shall be carefully scheduled to protect biological productivity (fish runs, spawning, benthic productivity, etc.) and to minimize interference with fishing activities. Dredging activities should not occur in areas used for commercial drift net fishing during a fishing season. 67. Dredging below the ordinary high water line shall be permitted only: a. For navigation or navigational access; Dredging for the purpose of establishing, expanding, or relocating or reconfiguring navigation channels and basins should be allowed where necessary for assuring safe and efficient accommodation of existing navigational uses and then only when significant ecological impacts are minimized and when mitigation is provided. Maintenance dredging of established navigation channels and basins should be restricted to maintaining previously dredged and/or existing authorized location, depth, and width. b. In conjunction with a water-dependent use of water bodies or adjacent shorelands; c. As part of an approved habitat improvement project; d. To improve water flow or water quality, provided that all dredged material shall be managed so as to prevent it from reentering a water. e. For mining and/or mineral extraction, as provided in the regulations on Mining; or f. In conjunction with a bridge, navigational structure or waste water treatment facility for which there is a public need and where other feasible sites or routes do not exist. 78. Dredging shall not occur in the following locations: a. Along net positive drift sectors and where geohydraulic processes are active and accretion shore forms would be damaged or irretrievably lost; b. In shoreline areas with bottom soils that are prone to sloughing, refilling, and continual maintenance dredging; c. In officially designated fish, shellfish, and wildlife spawning, nesting, harvesting, and concentration areas as defined by the Washington Marine Atlas (DNR), as amended, and other official documents of local, state, and federal resource agencies; ---PAGE BREAK--- 106 d. In floodways, other than the Columbia River, except for gravel bar scalping; or e. Where currents and tidal activity are significant, requiring extensive maintenance dredging. 89. Dredging for the primary purpose of obtaining material for landfill, construction or beach feeding is not permitted, except when the material is necessary for the restoration of ecological functions except or for emergency shoreline stabilization and flood protection measures. When allowed, the site where the fill is to be placed must be located waterward of the OHWM. The project must be either associated with a Model Toxics Control Act (MTCA) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project. (Further option: limited gravel bar scalping in streamways is permitted under Mining regulations.) 910. Depositing dredged materials in water areas shall be allowed only for wildlife habitat improvement, to correct problems of material distribution adversely affecting fish and shellfish resources, for beach feeding, or when the alternative of depositing materials on land is more detrimental to shoreline resources than depositing it in water areas. 11. Disposal within river channel migration zones is discouraged, and in limited instances when allowed, require a conditional use permit. This regulation is not intended to address discharge of dredge material into the flowing current of the river or in deep water within the channel where it does not substantially affect the geo-hydrologic character of the channel migration zone. 120. Dredging use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Conditional Use URBAN/INDUSTRIAL-Permitted Jetties and Groins Jetties are structures generally built singly or in pairs perpendicular to a shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral sand drift. Jetties also protect channels and inlets from storm waves and cross-currents. Groins are wall-like structures built seaward from the shore to build or preserve an accretion beach by trapping littoral sand drift on the updraft side. Generally narrow and of varying groins may be built in a series along the shore. Policies: 1. In the past, jetty and groin use activities were considered inappropriate to Klickitat County shoreline development; however, there may be situations where the use of jetties and/or groins is a preferable alternative for stream bank protection. Jetties and groins should only be constructed to the extent necessary to provide protection to upland areas or facilities. 2. Because the purpose of these structures is to modify complex water movement and littoral drift systems, and may thus impact shorelines outside the project boundaries, professional design by a registered engineer is strongly encouraged and may be required. 3. When planning for breakwaters, jetties, or groins, the County should consider entire systems and/or sizable stretches of rivers or marine shorelines. This planning should consider off-site erosion or ---PAGE BREAK--- 107 accretion that might occur as a result of these shoreline structures or activities. These structures should be developed in a coordinated manner among affected property owners and public agencies. 4. Jetties and groins should be located and designed so as to minimize adverse impacts on fish and wildlife resources and habitat. Any impacts to these natural resources should be fully mitigated. 5. Jetties and groins should not interfere with public access to publicly owned shorelines, to a water surface, and to other appropriate shorelines and waters. 6. Breakwaters, jetties, and groins should be located and designed so as to minimize adverse impacts on fish and wildlife resources and habitats. 7. Breakwaters, jetties, and groins should not interfere with public access to publicly owned shorelines, to a water surface, and to other appropriate shorelines and waters. Regulations: 1. The design of jetties and groins shall conform to all applicable requirements established by the State Department of Fisheries and the U.S. Army Corps of Engineers. 2. The County shall require and utilize the following information during its review of proposals for jetties and groins: a. Purpose of the structure; b. Construction of project relative to toe and crest of uplands; c. Location of project relative to toe and crest of uplands; d. Normal (average) land and high water elevations; e. Net direction of littoral drift, tidal currents (if any); and f. General direction and speed of prevailing winds. The following additional information is required for groins: g. Profile of uplands; h. Beach type, slope and materials; i. Uplands types, slopes, and materials; j. Soils types k. Physical or geological stability of uplands; and l. Predicted impact on area shore processes, adjacent properties, and upland stability. 3. Proposals for groins, jetties, and solid breakwaters shall gain signatural approval from all shoreline land owners within a one mile radius of the project proposal. 4. Jetties and groins shall only be permitted for navigational purposes, industrial activity, marinas, and public beach management as integral components of an overall development plan. 5. Proposed designs for new or expanded breakwaters, jetties, and groins shall be designed by and so certified by a registered civil engineer. 6. The design of new breakwaters and jetties shall incorporate provisions for public access such as sightseeing and public fishing if the County determines such access to be feasible and desirable. 7. Jetties and Goins use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Conditional use permit RURAL-Conditional use permit ---PAGE BREAK--- 108 COMMUNITY-Permitted URBAN/INDUSTRIAL-Permitted 4.7.4 FillLandfilling LandfillingFilling is the creation of dry upland areas by the filling or depositing of sand, soil, rock, or gravel into a wetland area. LandfillingFilling also occurs to replace shoreland areas removed by wave action or the normal erosional processes of nature. Landfilling may also be used to increase the elevation of dry land. However, most landfillsfills destroy the natural character of land, create unnatural heavy erosion and silting problems, and diminish the existing water surface. A. Policies 1. Shoreline fills or cuts should be designed and located so that significant damage to existing ecological values or natural resources, will not occur or create a hazard to adjacent life, property and natural resources systems. 2. Priority should be given to landfillingfilling for water dependent uses and for public uses. In evaluating fill projects and in designating areas appropriate for fill, such factors as total water surface reduction, navigation restriction, impediment to water flow and circulation, reduction of water quality and destruction of habitat should be considered. 3. Proposals for landfilling should demonstrate that operations will not be detrimental to the public interest and uses of the shoreline and water body, including public navigation and recreation. 4. In reviewing landfillingfilling proposals, the County should assess the overall value of landfill site in its present state versus the proposed shoreline use to be created and other future potential public or private shoreline uses, including but not limited to agriculture, aquaculture, fish, shellfish, wildlife research and resource preservation, commercial fishing and recreation opportunities. 5. LandfillingFilling and associated uses should enhance public access to the shoreline and water body. B. Regulations 1. Applications for landfillingfilling permits shall include the following: a. Proposed use of the landfill area; b. Physical, chemical and biological characteristics of the fill material; c. Source of landfill material; d. Method of placement and compaction; e. Location of landfill relative to natural or existing drainage patterns; f. Location of the perimeter relative to the ordinary high water mark; g. Perimeter erosion control or stabilization means; and h. Type of surfacing and runoff control devices. 2. LandfillingFilling may be permitted only when it is in conformance with an approved site development plan. Such landfillingfilling shall, at a minimum, possess the following characteristics: a. A method to prevent sedimentation from leaving a site: ---PAGE BREAK--- 109 b. A method of controlling the composition of fill material to prevent materials from reaching out onto adjacent property(ies) or into receiving waters and creating a nuisance; c. A method of controlling the fill placement operations to insure structural integrity of fill so that a future purchaser will be protected from the need to undertake costly improvements to remedy latent site defects; and d. The placement of materials shall not obstruct surface or subsurface drainage to or from adjacent properties. 3. Pile or pier supports shall be utilized whenever feasible in preference to landfillingfilling. LandfillingFilling for approved road development in floodways or wetlands shall be permitted only if pile or pier supports are proven infeasible. Repair or upgrading of existing roads is exempt from this requirement. 4. LandfillingFilling shall not be permitted in marshes, bogs, and swamps for the purpose of residential development. Where such features exist within proposed subdivisions, they shall be retained as open space. 5. LandfillingFilling activities are not permitted within environmentally sensitive areas (see page 4-3 for definition), including: a. On marine, river, or lake accretion beaches, EXCEPT for approved beach restoration or enhancement programs; b. In floodways; c. In unique and fragile areas; or d. On prime agricultural lands. 6. Environmental review of proposed landfillingfilling shall be accomplished concurrently with review of the intended use, and threshold determination concerning the need for an environmental impact statement shall be based on this combined project review. 7. LandfillingFilling shall be permitted only where it is demonstrated that the proposed action will not: a. Result in significant damage to water quality, fish, shellfish, and/or wildlife habitat; and/or b. Adversely alter natural drainage and circulation patterns, currents, river and tidal flows, or significantly reduce flood water capacities. 8. All perimeters of fills and grading shall be revegetated and/or protected from erosion by retaining walls, or other effective measures. Soil disturbed in permitted grading and/or filling shall be so protected that it will not be washed during high water. 9. Fill materials shall be of such quality that it will not cause problems of water quality. Shoreline areas are not to be considered for sanitary landfills or disposal of any solid waste material. (See section on solid waste disposal). 10. Fill waterward of the OHWM allowed only by shoreline conditional use permit, for: a. Water-dependent use; ---PAGE BREAK--- 110 b. Public access; c. Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan; d. Disposal of dredged material in accordance with DNR Dredged Material Management Program; e. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline (if alternatives to fill are shown not feasible); or f. Mitigation action, environmental restoration, beach nourishment or enhancement project. 110. LandfillingFilling use limitations in shoreline environments: NATURAL-Prohibited CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Conditional Use URBAN/INDUSTRIAL-Permitted 4.7.5 Clearing and Grading Clearing and grading is the activity associated with developing property for a particular use including, but not limited to, commercial, industrial, recreational, and residential uses. Specifically, "clearing" means the destruction or removal of vegetative ground cover including, non-merchantable timber, shrubs, or grasses. "Grading" means the physical manipulation of the earth's surface and/or surface drainage pattern without significantly adding or removing on-site materials. This includes removing the duff layer, all surcharging, preloading and recontouring the ground, and may include minor excavation and filling. Both activities, clearing and grading, may increase erosion, siltation, runoff/flooding, change drainage patterns, reduce flood storage capacity, and damage habitat. Although it is not technically considered "development" which triggers a substantial development permit, clearing as an activity that impacts shoreline resources is regulated in order to achieve the design goals and objectives of the Shoreline Master Plan, particularly along sShorelines of sStatew-Wide sSignificance where preservation of natural shoreline characteristics takes a very high priority. For single-family residences, 250 cubic yards of fill may be allowed without a substantial development permit provided all policies and regulations of the Shoreline Master Plan are met. A. Policies: 1. All clearing and grading activities should be designed and conducted to minimize impacts to wildlife habitat, sedimentation of creeks, streams, ponds, lakes, wetlands, and other water bodies and degradation of water quality. 2. Clearing and grading activities in shoreline areas should be limited to the minimum necessary to accommodate shoreline development. ---PAGE BREAK--- 111 3. Negative environmental and shoreline impacts of clearing and grading should be avoided wherever possible through proper site planning, construction timing and practices, bank stabilization, bioengineering, and use of erosion and drainage control methods as well as adequate maintenance. 4. Cleared and disturbed sites remaining after completion of construction should be replanted with native vegetation or, in limited circumstances, with other species recommended by the Natural Resource Conservation District. 5. All clearing and grading activities should be designed with the objective of maintaining natural diversity in vegetative species, age, and cover density. 6. For extensive grading proposals, a clearing and grading plan addressing species removal, replanting, irrigation, erosion, and sedimentation control and other methods of riparian corridor protection should be required conforming to the standards for the maximum percentage of site clearing permitted. B. Regulations: 1. All clearing and grading activities shall be limited to the minimum necessary for intended development, including residential development. A grading/clearing plan may be required, when deemed appropriate by the Administrator. 2. Clearing and grading activities may only be permitted when associated with an allowable shoreline development or use, PROVIDED provided that upon completion of construction, remaining cleared areas shall be replanted with native vegetation. Replanted areas shall be maintained such that within three years the vegetation is fully re-established. 3. Normal non-destructive pruning and trimming of vegetation for maintenance purposes shall not be subject to these clearing and grading regulations. In addition, clearing by hand held equipment of invasive non-native shoreline vegetation or plants listed on the State Noxious Weed List is permitted in shoreline locations if native vegetation, or other species recommended by the Natural Resource Conservation District, is re-established in the disturbed area. 4. Any significant placement of materials from off-site, or substantial creation or raising of dry upland shall be considered landfill land shall also comply with the landfill policies and regulations of the Klickitat County Shoreline Master Plan. 5. For Shorelines of State and County Significance: a. OHWM to 50 feet landward on a horizontal plane from the OHWM - Grading and clearing requires a Shorelines Conditional Use Permit. b. 50 to 100 feet landward on a horizontal plane from the OHWM - Grading and clearing is permitted provided 75% of this vegetation buffer area shall be left undisturbed, or will be enhances (as determined by the Planning Department). c. 100 to 200 feet landward on a horizontal plane from the OHWM - No restrictions on grading or clearing. d. Grading and clearing use limitation on shoreline environments: NATURAL - prohibited CONSERVANCY - permitted as defined above RURAL - permitted as defined above COMMUNITY - permitted as defined above URBAN/INDUSTRIAL - permitted as defined above ---PAGE BREAK--- 112 4.7.6 Shoreline StabilizationAlteration Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. These actions include structural and nonstructural methods. Flood protection and streamway modification are those activities occurring within streamway and wetland areas which are designed to reduce overbank flow from high waters and stabilize eroding streambanks. Reduction of flood damage, bank stabilization to reduce sedimentation, and protection of property from erosion are normally achieved through watershed and floodplain management and by structural works. Such measures are often complementary to one another and several measures together may be necessary to achieve the desired end. Nonstructural methods include building setbacks, relocation of the structure to be protected, groundwater management, planning and regulatory measures to avoid the need for structural stabilization. There is a range of structural measures varying from soft to hard, such as biotechnical measures, rock revetments, gabions, and bulkheads. Bulkheads are retaining walls usually constructed parallel to a shore whose primary purpose is to hold or prevent sliding of soil caused by erosion or wave action. They are used to protect bluffs by retaining soil at the toe of a slope or by protecting the toe from erosion and undercutting. Bulkheads may also be used to protect the perimeter of a fill. "Normal protective" bulkheads protect existing shorelines and are used to protect single family residences and other developed properties. Bulkheads may either be thin structures penetrating deep into the ground sheet piling) or more massive structures resting on the surface sand or grout-filled bags). Uses and activities related to bulkheads which are identified as separate use activities in this Master Plan program, such as Shoreline Stabilization and Flood Protection, LandFfill, Residential Development, Commercial Development and Ports and Industrial Developmenty, are subject to regulations for those uses in addition to standards for bulkheads established in this section. Note: Because of potential impacts to complex littoral drift systems and/or damage to other shoreline properties and features, professional design and engineering is strongly encouraged and may be required. Exemptions: The Shoreline Management Act exempts from the requirement to obtain a Substantial Development Permit the normal maintenance and repair of existing shoreline stabilization and flood protection works and emergency construction necessary to protect property from damage by the elements. The Act also exempts the operation and maintenance of dikes, ditches, drains, or other facilities existing on September, 1975 which were created, developed, or utilized as part of an agricultural drainage or diking system. Although these structures are exempt from obtaining a Substantial Development Permit, compliance with all other prohibitions, regulations, and development standards of this section is still required. The Shoreline Management Act exempts the construction of a normal protective bulkhead common to single family residences from the Substantial Development Permit requirement. However, these structures are required to comply with all prohibitions and development standards of this section. To qualify for RCW 90.58.030 (3-e-ii111) exemption from the shoreline permit requirement, and to assure that such bulkheads will be consistent with this Master Plan program, a Letter of Exemption must be obtained from the County before commencing construction of any such bulkhead on marine, riverine , or lake shores. (See Section VII for a general discussion of exemptions.) A. Policies: 1. Whenever feasible, natural vegetation systems for bank stabilization should be used in place of protective structures. ---PAGE BREAK--- 113 Where flood protection measures such as dikes are planned, they should be placed landward of the streamway, including associated swamps, bogs and marshes directly inter-related and inter-dependent with the stream proper. New development, not shoreline dependent, should not be allowed to locate on shorelines. 2. Areas of significance in spawning, nesting, rearing, or residency of aquatic and terrestrial biota should be given consideration in reviewing of shoreline protection actions, and mitigated when negatively impacted. 3. Shoreline stabilization and flood protection works should be located, designed, constructed, and maintained to provide: a. Protection of the physical integrity of the shore process corridor and other properties which might be damaged by interruptions of the geo-hydraulic system; b. Protection of water quality and natural ground water movement; c. Protection of valuable fish and other life forms and their habitat vital to the aquatic food chain; and d. Preservation of valuable recreation resources and aesthetic values such as point and channel bars, islands, braided streamway banks, other shoreline features and scenery. 4. Stabilization and protection works which are more natural in appearance, more compatible with on-going shore processes and more flexible for long term streamway management such as protective berms or vegetative stabilization should be encouraged over structural means such as concrete revetments or extensive riprap. 5. Non-structural flood control solutions should be used wherever possible, including limiting development in historically flood-prone areas, regulating structural design and limiting increases in peak flow runoff from new upland developments. Structural solutions to reduce shoreline damage should be allowed only after calculated proof that non-structural solutions would not be able to reduce the damage. 6. Substantial stream channel direction modification realignment and straightening should be discouraged as a means of shoreline stabilization and flood protection. 7. Natural features such as snags, stumps, or uprooted trees which support fish and other aquatic systems, and which do not intrude on a navigational channel or reduce flow nor threaten agricultural land and existing structures and facilities, should be left in place. 8. Bulkhead location and construction should minimize alterations of a natural shoreline and minimize the cumulative river-channelization effect. Bulkheads should be constructed in such a way as to minimize damage to fish habitats. 9. Prevent or minimize the effects of a proposed bulkhead on public access to publicly owned shorelines. 10. Bulkheads should be designed to blend in with the surroundings and not to detract from aesthetic qualities on a shoreline. B. Regulations 1. New development must be located and designed to avoid the need for future shoreline stabilization to the extent feasible. ---PAGE BREAK--- 114 2. Subdivision of land must assure that the lots created will not require shoreline stabilization in order for reasonable development to occur using geotechnical analysis of the site and shoreline characteristics. 3. New development on steep slopes and bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis. 4. New development that would require shoreline stabilization that causes significant impacts to adjacent or down-current properties and shoreline areas is prohibited. 5. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. 6. Structural solutions to reduce shoreline damage shall be allowed only after it is demonstrated that non-structural solutions would not be able to reduce the damage. 7. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses. Hard armoring solutions will not be authorized except when a geotechnical report confirms that there is a significant possibility that a primary structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Where a geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures. 8. BankShoreline stabilization measures shall be limited to the minimum size performed only to the extent necessary for the reduction of flood damage and/or the protection of property. Any impacts to cultural and natural resources shall be fully mitigated. 9. Any measures which result in stream channel clearing, modification, or channelization shall be avoided. River and stream channel direction modification, realignment, and straightening are prohibited unless they are essential to uses that are consistent with this plan. 10. Shoreline protection shall not be used to create new lands. 11. All other applicable federal, state and local permits shall be obtained. 12. The County shall require and utilize the following information during its review of shoreline stabilization and flood protection proposals: a. River channel hydraulics and floodway characteristics up and down the stream from the project area. The size of the area to be considered depends upon the extent and nature of project work involved; b. Existing shoreline stabilization and flood protection works within the area; c. Physical, geological and/or soil characteristics of the area; d. Existing and proposed shoreline and water uses for the area; and e. Predicted impact upon area shore and hydraulic processes, adjacent properties, and shoreline and water uses. 13. New or enlarged structural stabilization measures shall not be allowed except as follows. ---PAGE BREAK--- 115 a. To protect existing primary structures, when all of the conditions below apply. New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis that the structure is in danger from shoreline erosion caused by currents or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a geotechnical analysis, is not demonstration of need. The geotechnical analysis shall evaluate onsite drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization. The stabilization measure will not result in a net loss of shoreline ecological functions. b. In support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. Nonstructural measures, such as placing the development farther from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as currents and waves. The stabilization measure will not result in a net loss of shoreline ecological functions. c. In support of water-dependent development, when all of the conditions below apply. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The stabilization measure will not result in a net loss of shoreline ecological functions. d. To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to RCW 70.105D, when all of the conditions below apply. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. The stabilization measure will not result in a net loss of shoreline ecological functions. ---PAGE BREAK--- 116 14. Geotechnical reports pursuant to this section that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. 15. For purposes of this section, “replacement” means the construction of a new structure to perform a shoreline stabilization function of an existing structure that can no longer adequately serve its purpose. An existing shoreline stabilization structure may be replaced with a similar structure if in accordance with the following. a. There is a demonstrated need to protect principal uses or structures from erosion caused by currents or waves. b. The replacement structure must be designed, located, sized, and constructed to assure no net loss of ecological functions. c. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure. d. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. 16. Repair and maintenance includes modifications to an existing shoreline stabilization measure that are designed to ensure the continued function of the measure by preventing failure of any part. Repair and maintenance of existing shoreline stabilization measures may be allowed, subject to the following provisions. While repair and maintenance of shoreline stabilization structures may meet the criteria for exemption from a shoreline substantial development permit, such activity is not exempt from the provisions of the County’s Shoreline Master Plan. a. If within a three-year time period, more than 50 percent of the length of an existing structure is removed, including its footing or bottom course of rock, prior to placement of new stabilization materials, such work will not be considered repair and maintenance and shall be considered replacement. Work that only involves the removal of material above the footing or bottom course of rock does not constitute replacement. b. Any additions to or increases in the size of existing shoreline stabilization measures, including the placement of a new shoreline stabilization structure landward of a failing shoreline stabilization structure, shall be considered new structures, not maintenance or repair. c. Areas of temporary disturbance within the shoreline buffer shall be expeditiously restored to their pre-project condition or better. 17. Stabilization and protection works shall be permitted only for the following purposes: a. Protection of public works, including but not limited to roads and bridges, railways, and utility systems; b. Protection of established commercial agricultural development; c. Protection of existing industrial, commercial, or residential areas or valuable natural features; d. Utilization of water resources for power generation; ---PAGE BREAK--- 117 e. Enhancement of instream values and aquatic resources, including fisheries management. f. Preservation of prime agricultural lands as designated by the U. S. Department of Agriculture Soil Conservation Service. 18. The County may require professional design of shoreline stabilization and flood protection works where such projects may cause interference with normal river geo-hydraulic processes, leading to erosion of other upstream and shoreline properties or adverse effects to shoreline resources and uses. 19. Existing stream bank vegetation shall be preserved to the maximum extent feasible during flood control development. 20. New or expanded dike, revetment or riprap systems, cut-and-fill slopes, and backfilled areas shall be planted with self-sustaining and soil stabilizing vegetation that is compatible with natural stream bank vegetation. 21. Bank stabilization materials shall be clean, consist of rock or other earthen materials and be of a sufficient size to prevent them from being washed away by high water or wave action. No material should be taken from stream beds for these purposes unless specifically authorized under applicable permits and regulations. 22. All bank protection material shall be set in place; there shall be no dumping of bank protection material directly from a truck bed onto the bank face. Stream control works shall allow for normal ground water movement and surface runoff flow into a streamway. 23. River shoreline stabilization or flood control works shall, to the extent possible, be planned, designed, and constructed to allow for channel migration. These works shall not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains. 24. All stabilization and protection works shall be constructed and maintained in a manner which does not degrade the quality of affected waters. The County may require reasonable conditions to achieve this objective, such as setbacks, buffers, or storage basins. 25. Publicly financed or subsidized shoreline erosion control measures shall not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions. Where feasible, ecological restoration and public access improvements shall be incorporated into the project. 26. New stabilization measures, including replacement structures, must avoid or, if that is not possible, minimize adverse impacts to sediment conveyance systems. Shoreline alteration use limitations in shoreline environments: NATURAL - Conditional Use CONSERVANCY - Conditional Use RURAL - Conditional Use COMMUNITY - Conditional Use URBAN/INDUSTRIAL - Conditional Use 27. The construction of bulkheads shall be permitted only to the extent necessary where they provide protection to upland areas or facilities. Bulkheads shall be constructed in such a manner as to minimize encroachment within the ordinary high water zone of streams and minimize damage to fish habitats. Additionally: ---PAGE BREAK--- 118 a. Bulkheads proposed for the aesthetic improvement of shoreline shall be considered only when the general public would benefit from such improvements. b. Bulkheads shall not be constructed for the purpose of creating land by filling behind a bulkhead. c. Bulkheads shall be located, designed, and maintained in a manner that will conserve and enhance water quality, fish, shellfish, and wildlife resources and habitats. Construction of bulkheads shall be in accordance with standards developed by state and local environmental and health agencies. 3. Bulkhead design and development shall conform to all other applicable state agency policies and regulations including the Department of Fisheries criteria governing the design of bulkheads, landfills and marinas. 28. The County shall require and utilize the following information in its review of bulkhead proposals: a. Construction materials; b. Method of construction; c. Location of project relative to toe and crest of uplands; d. Normal (average), low, and high water elevations; e. Net direction of littoral drift and tidal currents (if any); f. General direction and speed of prevailing winds; g. Profile rendition of beach and uplands; h. Shoreline type, slope, and materials; i. Upland type, slope, and materials; j. Soil types k. Physical or geologic stability of uplands; and l. Potential impact upon area shore processes, adjacent properties, and upland stability. 29. Bulkheads shall be allowed only when evidence is presented that one or more of the following conditions exist: a. Serious wave erosion threatens an established use or existing buildings on upland property: b. Bulkheads are necessary to the operation and location of water-dependent and -related activities consistent with this Master Plan Program PROVIDED provided that all alternatives have proven infeasible use location, use design, non-structural shore stabilization options) and that such bulkheads meet other policies and regulations of this chapter; or ---PAGE BREAK--- 119 c. Bulkheads are necessary to re-establish a shoreline boundary that has been eroded away within the past one year. The re-establishment of all other historical shoreline boundaries is prohibited. 30. Bulkheads shall not be permitted to protect a platted lot where no structure presently exists. 31. Bulkheads shall not be permitted for any purpose if they will cause significant adverse erosion or beach starvation. 32. The construction of a bulkhead for the primary purpose of retaining a landfill shall be prohibited, unless it is proposed in conjunction with a water-dependent use and is consistent with other policies and regulations of the programthis Master Plan. 33. Gabions shall not be used for shore defense works where alternatives more consistent with this Master Plan program are feasible, because of their limited durability (wire mesh filled with concrete or rocks) and potential hazard to shore users and the shoreline environment. 34. Bulkheads are to be permitted only where local physical conditions such as foundation bearing material, surface and sub-surface drainage are suitable for such alterations. 35. Bulkheads shall be sited and designed consistent with appropriate engineering principles. Professional geologic site studies or designs may be required for any proposed bulkhead for which a building permit is necessary if the County determines sufficient uncertainties exist. Grounds for such determination shall be inadequate information on local physical features and/or potential damage to other shoreline properties and features. 36. When a bulkhead is required at a public access site, provisions for safe access to a water shall be incorporated into the design. Bulkhead use limitations in shoreline environments: NATURAL-Conditional Use CONSERVANCY-Conditional Use RURAL-Conditional Use COMMUNITY-Permitted URBAN/INDUSTRIAL-Permitted 4.7.7 Shoreline Habitat and Natural Systems Enhancement Projects Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines. Such projects may include shoreline modification actions such as modification of vegetation, removal of nonnative or invasive plants, shoreline stabilization, dredging, and filling, provided that the primary purpose of such actions is clearly restoration of the natural character and ecological functions of the shoreline. A. Policies 1. Shoreline habitat and natural system enhancement projects should be fostered. 2. Shoreline habitat and natural system enhancement projects should address legitimate restoration needs and priorities, and implement County-approved restoration plans, such as the County’s Shoreline Restoration Plan. B. Regulations ---PAGE BREAK--- 120 1. Shoreline habitat and natural system enhancement projects must be carried out in accordance with an approved shoreline restoration planning document, including, but not limited to, the Shoreline Restoration Plan prepared as part of the County’s Shoreline Master Plan. 2. Shoreline restoration and enhancement projects shall be designed using the most current, accurate, and complete scientific and technical information available, and implemented using best management practices. 3. Shoreline habitat and natural systems must not result in substantial interference with other shoreline uses, resources and values such as navigation, recreation and public access. ---PAGE BREAK--- 121 5 ADMINISTRATION, PERMITS AND ENFORCEMENT SECTION FIVE • PERMITS FOR DEVELOPMENTS ON THE SHORELINES OF THE STATE • PERMIT EXEMPTIONS • DEVELOPMENTS EXEMPT FROM SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENTS • SHORELINE CONDITIONAL USE PERMITS • SHORELINE VARIANCE PERMITS • TIMING AND DURATION OF PERMITS • KLICKITAT COUNTY SHORELINE MASTER PROGRAM SUMMARY • PRE-EXISTING USES • NON-CONFORMING DEVELOPMENT STANDARDS • ADMINISTRATION • ENFORCEMENT AND PENALITIES • SHORELINES PERMIT PROCEDURES • APPEALS • KLICKITAT COUNTY SHORELINES MASTER PLAN PERMIT PROCEDURES 5.1 Permits for Developments on the Shorelines of the State Authority for a permit program is found in the Shoreline Management Act, section RCW 90.58.140, and Washington Department of Ecology's implementing regulations, Chapter 173-27 WAC. A. No development shall be undertaken by any person on shorelines of the state unless such development is consistent with the policy of Section 2 of the Shoreline Management Act of 1971, and the guidelines and regulations of the Washington State Department of Ecology and the Klickitat County Shoreline Master PlanProgram. B. No substantial development shall be undertaken by any person on shorelines of the state without first obtaining a substantial development permit from the Klickitat County Planning Department; provided, that such a permit shall not be required for a development excepted from the definition of substantial development in RCW 90.58.30 and for developments exempted by RCW 90.58.140. C. When a development is proposed, the shoreline administrator in the Klickitat County Planning Department must determine which, if any, shoreline permit applies. Jurisdiction depends on the location and nature of a proposed development. The SMA (90.58.030 RCW) defines "development" as follows: "A use consisting of the construction or exterior alteration of structure; dredging, drilling; dumping; filling; removal of any sand; gravel or minerals including the grading of land; bulkheading, driving of piling; placing of obstructions; or any project of permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to these regulations at any state of water level." D. The Shorelines Management Act mandates that a shoreline permit shall be required for any such development of a "substantial" nature as defined below (WAC 173-27-040 and 90.58.030 RCW):). ---PAGE BREAK--- 122 Substantial development shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shoreline of the state, except that the following shall not be considered substantial developments for the purpose of this chapter. E. Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline Management Act and this Master Plan whether or not a permit is required. F. This Master Plan applies countywide to all nonfederal uses, activities, and development. This Master Plan also applies to all nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal ownership, lease or easement, even though such lands may fall within the external boundaries of a federal ownership. G. Development of land within the Columbia River Gorge National Scenic Area is subject to the Columbia River Gorge National Scenic Area Act, the Management Plan for the Columbia River Gorge National Scenic Area, and land use regulations adopted by the Columbia River Gorge Commission in addition to any land use plans and regulations adopted by, and building permits required by, Klickitat County. Where Klickitat County’s land use plans, regulations or land use decisions conflict with the National Scenic Area Act, the Management Plan, or any Gorge Commission land use regulations or land use decisions, the National Scenic Area Act, Management Plan, Gorge Commission land use regulations and land use decisions shall supersede Klickitat County’s land use plans, regulations and land use decisions. 5.2 Permit Exemptions The provisions of the Klickitat County Shoreline Master Plan apply to development and activities on all lands and waters within shorelines of the County. However, not all activities require a Shoreline Substantial Development Permit. A. Exemption from substantial development requirements does not constitute an exemption from the policies of the Act, the provisions of this master Master program Plan and other applicable local, state, or federal permit requirements. B. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the Shoreline Substantial Development Permit process. C. Exempted developments authorized by local government shall be consistent with the policies and provisions this mMaster Plan program. (See attached Letter of Exemption Page 91.) D. The burden of proof that a development or use is exempt from the permit process is on the applicant. E. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. F. Klickitat County may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Act and this Master Plan. G. The County shall exempt those shoreline activities listed in WAC 173-27-040 and RCW 90.58.030 90.58.140(9), 90.58.147, 90.58.355 and 90.58.515, or their successor laws, from the Shoreline Substantial Development Permit process. Exempted activities shall obtain a letter of exemption under the procedures in Subsection H. H. Statement of Exemption: ---PAGE BREAK--- 123 1. Letters of exemption shall be issued by the County when a development application is determined to meet the listed criteria for an exemption and when a letter of exemption is required by the provisions of WAC 173-27-050.A statement of exemption shall be obtained from the County prior to beginning development on shorelines of the state if uncertainty exists regarding qualification for permit exemption. Forms for statements of exemption shall be supplied to the applicant by the County. a. The County is hereby authorized to grant or deny requests for statement of exemption from the shoreline substantial development permit requirements. The statement shall be in writing and shall indicate the specific exemption of this SMP that is being applied to the development, and shall provide a summary of the analysis of the consistency of the project with this SMP and the SMA. The letter shall be sent to the applicant and the Department of Ecology. b. Statements of exemption may contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of this Master Plan and the SMA 2. Certain developments A statement of exemption is necessary prior to commencement of work for the following forms of development normally exempt from shoreline permit application requirements: bulkheads for single-family residences (Bulkheads) and dikes or levees (Shoreline Alteration) meeting the definition for normal maintenance and repair, emergency construction and specified agricultural dikes. 3. The County's actions concerning statements of exemption are subject to appeal to the Superior Court. Appeals can be initiated by the applicant, or any aggrieved party including, but not limited to, the Department of Ecology. Developments Exempt from Substantial Development Permit Requirements A.1. The following developments shall not require substantial development permits: 1.a) Any development of which the total cost or fair market value, whichever is higher, does not exceed two thousand five hundred dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. 2.b) Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. 3.c) Construction of the normal protective bulkhead common to single-family residences, subject to Bulkhead regulations of this plan. 4.d) Emergency construction necessary to protect property from damage by the elements. 5.e) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: Provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the wetlands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. 6.f) Construction or modification of navigational aids such as channel markers and anchor buoys; ---PAGE BREAK--- 124 7.g) Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than the requirements imposed pursuant to RCW 90.58. 8.h) Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owners, lessee, or contract purchaser of a single-family residence, for which the cost or fair market value, whichever is higher, does not exceed two thousand five hundred dollars. 9.i) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands; 10.j) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water; 11.k) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on the effective date of the 1975 amendatory act which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system; and 12.l) Any project with a certification from the governor pursuant to chapter 80.50 RCW. 13.m) Site exploration and investigation activities and investigation activities that are pre-requisite to preparation of an application for development authority under this chapter, if: a.1. The activity does not interfere with the normal public use of the surface water; b.2. The activity will have no significant adverse impact on the environment including but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; c.3. The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to the condition existing before the activity; d.4. A private entity seeking development authorization under this section first post a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to pre-existing conditions; e.5. The activity is not subject to the permit requirements of RCW 90.58.550. 14.n) The process of removing or controlling an aquatic noxious weed as defined in Section xii of RCW 90.58.030, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the department jointly with other state agencies under Chapter 43.21C RCW. 15.o) Watershed restoration projects as defined herein. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section. “Watershed restoration plan” means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting ---PAGE BREAK--- 125 within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant, adverse environmental impact, a detailed environmental impact statement under RCW 43.21C.031 must be prepared on the plan. “Watershed restoration project” means a public or private project authorized by the sponsor of a watershed restoration plan that implements a plan or a part of a plan and consists of one or more of the following activities. (1)i) A project that involves less than ten miles of stream reach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional planting. (2)ii) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (3)iii) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance fishery resources available for use by all citizens of the state, provided that any structure other than a bridge or culvert or instream habitat enhancement structure associated with a project is less than two hundred square feet in floor area and is located above the ordinary high water line of a stream. 16.p. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all the following apply. a.(i) The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of habitat or passage and appropriately designed wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose. b.(ii) The project has received hydraulic project approval by the department of fish and wildlife pursuant to 75.20 RCW and c.(iii) The Planning Department has determined that a project is consistent with local shoreline master programs. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. 5.3 Shoreline Permit Applications A. The Act defined three types of shoreline permits. 1. Substantial Development Permits are required for "developments". 2. Variance Permits are designed to grant relief to specific bulk, dimensional, or performance standards in the Klickitat County Shoreline Plan to avoid unnecessary hardships. ---PAGE BREAK--- 126 3. Conditional Use Permits allow greater flexibility in applying the use regulations of the plan and provide a means to ensure implementation of the Shoreline Management Act policies. B. The Act states that such permits shall be granted only when the proposal is consistent with the policy of the Act, the state guidelines, and the Klickitat County Shoreline Master Program Plan. C. The Klickitat County Shorelines Master Plan Permit application, notice requirements and procedures for revising a permit for Shoreline Substantial Development, Conditional Use, and Variance Permit is provided as follows. 5.4 Shoreline Substantial Development Permits A. A Shoreline Substantial Development Permit shall be required for all development of shorelines, unless the proposals is specifically exempt per Section 5.2 (Permit Exemptions). B. A substantial development permit shall be granted only when the development proposed is consistent with: 1. The policies and procedures of the SMA; 2. The provisions of WAC 173-27; and 3. This Master Plan. C. The County may attach conditions to the approval of permits as necessary to assure consistency of the project with the SMA and this Master Plan. D. Nothing shall interfere with the County’s ability to require compliance with all other applicable plans and laws. E. Construction and activities authorized by a Shoreline Substantial Development Permit are subject to the time limitations of WAC 173-27-090. 5.5 Shoreline Conditional Use Permits A. For all Conditional Use Permit applications, consideration must be given under the conditional use permit process to the cumulative impacts over time of granting additional permits for like actions in an area. In other words, if comparable development proposals are likely and were permitted by conditional use permit in the area where similar circumstances exist, the total of the developments must also be consistent with the Shoreline Management Act and must not produce substantial adverse effects to the shoreline environment. B. Conditional uses that are set forth in the local mMaster program Plan, may be authorized provided that the applicant can demonstrate all the following (WAC 173-27-160): 1. The proposed use is consistent with the Shoreline Management Act and the policies of the local mMaster programPlan. 2. The proposed use will not interfere with the normal public use of public shorelines. 3. The proposed use of the site and design of a project will be compatible with other permitted uses within the area. 4. The proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is to be located. ---PAGE BREAK--- 127 5. The public interest suffers no substantial detrimental effect. C. Unanticipated uses that are not classified in the Master Plan may be addressed as a conditional use permit application. 5.6 Shoreline Variance Permits The Shorelines Management Act authorizes deviation from specific bulk, dimensional, or performance standards (and strictly limits it to these items) in the Mmaster program Plan through the granting of shoreline variance permits. Variance permits are only granted where there are "extraordinary or unique circumstances relating to the property such that the strict implementation of the mMaster Plan program will impose unnecessary hardships on the applicant or thwart the policies of the Act; PROVIDEDprovided that, in all instances extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect". For all variance applications, consideration shall be given under the variance permit review process to the cumulative impact over time of granting additional permits for like action in the area. The total of the developments must also be consistent with the Shoreline Management Act and must not produce substantial adverse effects to a shoreline environment. A. Variances permits for development and/or uses that will be located landward of the ordinary high water mark and/or landward of any wetland may be granted if the applicant demonstrates all of the following: 1. Strict application of the standards precludes or significantly interferes with a reasonable allowable use of the property. 2. That an unnecessary hardship would result from "strict application of the standards" is a result of unique conditions specifically related to the physical characteristics of the property (size, shape, topography) and not a result of such things as deed restrictions or the applicants own action. 3. The project design is compatible with neighboring uses. 4. The project will not cause adverse effects to a shoreline environment. 5. The variance does not constitute a special privilege not enjoyed by other properties in the vicinity. 6. The action is the minimum necessary to afford relief from the identified hardship. 7. No substantial detrimental effect occurs to the public interest. 8. The request is not to vary a use of a shoreline, only from a specific standard. B. Variance permits for development and/or uses that will be located waterward of the ordinary high water mark or within any wetland may be authorized provided the applicant can demonstrate all of the following: 1. That the strict application of the bulk, dimensional or performance standards set forth in the Master Plan precludes all reasonable use of the property; 2. That the proposal is consistent with the criteria established under regulation 5.6.A.2 through 5.6.A.8; and 3. That the public rights of navigation and use of the shorelines will not be adversely affected. ---PAGE BREAK--- 128 5.7 Timing and Duration of Permits A. Start-up period: 1. Construction or other actions approved under a shoreline permit must begin within two years of the date the permit was issued by the local government. The applicant must demonstrate "“substantial progress toward completion"” within this time period. "“Substantial progress"” shall include all the following, where applicable: • a. Making of contracts • b. Signing of notice to proceed • c. Completion of grading and excavation; and • d. Laying of major utilities Where no construction is involved, substantial progress is considered to be the initiation of the activity. 2, Before the end of the two years, the local government may grant a single extension of up to one year to this time limit, based on "“reasonable factors"”. Department of Ecology and interested parties of record must first be notified. (See WAC 173-27-090). B. Completion Period: 1. Shoreline permits are valid for five years, i.e. the construction or any "development" activity must be completed during that period. Local government may issue permits that expire in less than five years as an option. Per WAC 173-27-090 a single extension of up to one year may be granted by the local government. C. Rescission of permits: 1. If a local government finds that a permittee has not complied with the conditions of a permit, the permit may be rescinded after a hearing with proper public notice of the permittee and the public. Ecology can also independently petition the Shoreline Hearings Board to rescind a permit that the department believes is in noncompliance. Ecology must first provide written notice to the local government that the noncompliance exists and wait thirty days for the local government to have the opportunity to rescind the permit. Within fifteen days after the end of the thirty- day period and upon written notice to the permittee and local government, Ecology may petition the Shoreline Hearings Board to rescind the permit (See RCW 90.58.140(8)). 5. Klickitat County Shoreline Master Program Plan Summary All uses proposed along shorelines of Klickitat County are subject to compliance with this Shoreline Management Master Plan. The following summary provides an outline of regulations and actions. A. Substantial developments proposed for shoreline locations require a Substantial Development Permit, and are subject to the strict provisions of the Klickitat County Shoreline Master Management Plan: ---PAGE BREAK--- 129 Substantial developments must be consistent with the policies and regulations of the plan, the policies of the Shoreline Management Act and with the regulations found in WAC Chapters 173-15 through 173-27; Substantial developments must be in conformance with all of the following: a. Long range Master Program Plan Elements, Goals, Objectives, Policies (Section Two) b. Objectives and general policies of the designated Shoreline Environments (Section Three) c. Shoreline Use Activates: Policy Statements and Use Regulations (Section Four). 3. Relief from the above requirements can be sought through variance and conditional use provisions of the ordinance, but such relief must be obtained jointly with a Substantial Development Permit. B. Developments proposed for shoreline locations do not require a permit for substantial development, but are subject to the provisions of the Klickitat County Shoreline Management Master Plan: 1. Developments must be consistent with the policies of the plan, the policies of the Shoreline Management Act, and with the final state guidelines; 2. Developments are expected to conform with the goals, objectives and the general and specific policies set forth in this Plan; 3. Developments shall comply with the Shoreline Use Activities: Policy Statement and Use Regulations (Section Four); 4. Relief from the above requirements can be sought through applications for variances or conditional use approvals. 5.8 Pre-Existing Uses Shoreline developments that predate the Washington State Shoreline Management Act or the Klickitat County Shoreline Master Plan (SMP) may be considered pre-existing uses and are regulated by the SMP in several ways. If the use of a development is consistent with the SMP, permits are only required if new substantial development is proposed. If the use consists of ongoing development activities, such as a gravel mine, the project requires an "active" (unexpired) shoreline substantial development permit throughout the life of the project. If the use of a pre-existing development is proposed to be changed, the new use must be consistent with the SMP. A proposed use (requiring a shoreline conditional use) needs to obtain a conditional use permit whether or not new development is required to establish the use. 5.9 Nonconforming Development Standards (WAC 173-27-080) A. A nonconforming development is defined as a shoreline use or structure which was lawfully constructed or established prior to the effective date of the Shoreline Management Actthis Master Plan, but which does not conform to present regulations or standards of the Master Planprogram or polices of the Aact. B. Nonconforming development may be continued provided that it is not enlarged, intensified, increased, or altered in any way which increases its nonconformity. C. A nonconforming development which is moved any distance must be brought into conformance with the applicable mMaster Planprogram. ---PAGE BREAK--- 130 D. If a nonconforming development is damaged to an extent not exceeding seventy-five percent replacement cost of the original structure; it may be reconstructed to those configurations existing immediately prior to the time the structure was damaged, so long as restoration is complete within one year of the date of damage. E. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, any subsequent use shall be conforming. It shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire. F. A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed G. An undeveloped lot, tract, parcel, site, or division which was established prior to the effective date of the act or the Klickitat County Shoreline Master Management Plan, but which does not conform to the present lot size or density standards may be developed so long as such development conforms to other requirements of the applicable mMaster programPlan, the Act, and other appropriate local and state regulations. H. The following shall apply only to pre-existing legal residential structures constructed prior to the effective date of the County’s Shoreline Master Plan: 1. Residential structures and appurtenant structures that were legally established and are used for a conforming use, but do not meet standards for setbacks, buffers, or yards; area; bulk; height; or density shall be considered a conforming structure. 2. Redevelopment, expansion, or change of class of occupancy, of a legally constructed residential structure, including the expansion of the existing structure footprint is allowed up to twenty-five (25) percent, provided that the following criteria are met. a. The enlargement, expansion or addition is in conformance with all other provisions of this SMP; b. The structure is located landward of the ordinary high water mark; c. The expansion does not extend farther waterward than the existing primary residential structure; d. The enlargements, expansion or addition does not increase the degree of non- conformity; and e. Any expansion of the existing structure footprint between ten (10) and twenty-five (25) percent shall be mitigated by providing an equivalent area of shoreline buffer enhancement through planting of native vegetation. 3. For purposes of this section, “appurtenant structures” means garages, sheds, and other legally established structures. “Appurtenant structures” does not include bulkheads and other shoreline modifications or over-water structures. 4. Nothing in this section shall: a. Restrict the ability of the County’s Shoreline Master Plan to limit redevelopment, expansion, or replacement of over-water structures located in hazardous areas, such as floodplains and geologically hazardous areas; or b. Affect the application of other federal, state, or County requirements to residential structures. ---PAGE BREAK--- 131 5.10 Administration A. Requirements for applications, administration, fees, notice, technical committee, duties of the planning department, duties of the Board, notification, applicability, appeals, penalties, and other procedural matters of administration of this Plan shall be enacted. Should any conflicts arise between this Shoreline Master Management Plan and any procedural or other enactments of Klickitat County, this Plan shall govern. B. Klickitat County shall issue no other permit prior to approval pursuant to the requirements of the Shoreline Management Act, nor take any action contrary to the goals, policies, objectives and regulations of the Klickitat County Shoreline Master Management Plan when property under jurisdiction of the Shoreline Management Act is involved in a request for a decision in any of the following: 1. Building permit; 2. Right-of-Way construction permit; 3. Subdivision; 4. Grading permit; 5. Site plan approval; 6. Planned unit development approval; 7. Mobile home park permit; 8. Mobile home placement permit; 9. Recreational vehicle park permit; 10. Access permit; 11. Trail permit; 12. State flood control zone permit; 13. Zoning variance; 14. Conditional use permit; 15. Comprehensive plan amendment or addition; 16. Zone reclassification; 17. Forest Practice Permit; or 18. Any other applicable permits or approvals. C. The County shall document all project review actions in shoreline jurisdiction, including shoreline substantial development permits, shoreline conditional use permits, shoreline variance permits and shoreline exemptions. D. The County shall conduct a review of the SMP once every eight years, or as required by RCW 90.58.080. Using the information collected per regulation 5.10.C, the County shall evaluate the cumulative effects of authorized development on shoreline conditions. ---PAGE BREAK--- 132 5.11 Enforcement and Penalties (RCW - means based on RCW 90.58) (WAC - means based on Chapter 173-27 WAC) A. Policy: 1. The choice of enforcement action and the severity of any penalty should be based on the nature of the violation and the damage or risk to the public or to public resources. The existence or degree of bad faith of the persons subject to the enforcement action, the benefits that accrue to the violator, and the cost of obtaining compliance may also be considered. (WAC) B. Civil Penalty: 1. Action: The prosecuting attorney for Klickitat County shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state in conflict with the provisions of the Act and/or of this Master Plan, and to otherwise enforce the provisions of both. (RCW) 2. Non-compliance: Any person who fails to conform to the terms of a permit issued under this Master Plan Program or who undertakes a development or use on the shorelines of the state without first obtaining a permit required under this Master Plan or who fails to comply with a cease and desist order issued under these regulations shall also be subject to a civil penalty not to exceed one thousand dollars for each violation. Each permit violation and/or each day of continued use or development without a required permit shall constitute a separate violation. (RCW) 3. Aiding or abetting: Any person who, through an act of commission or omission procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. (WAC) 4. Notice of Penalty: The penalty provided for in this chapter shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Klickitat County Prosecuting Attorney. The notice shall include the "content of order" specified in Section Regulatory Order. (RCW) 5. Remission: Within thirty days after the notice is received, the person incurring the penalty may apply in writing to the Klickitat County Planning Department for remission or mitigation of such penalty. Upon receipt of the application, the Klickitat County Commissioners may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Any penalty imposed pursuant to this plan by the Commissioners shall be subject to review by the Klickitat County Prosecuting Attorney. 6. Joint Order with Department of Ecology (RCW): In accordance with RCW 90.58.050 and RCW 90.58.210(4), any disputed penalty jointly imposed by the Department and the County Commissioners shall be appealed to the Shorelines Hearing Board. When a penalty is imposed jointly by the Department and County Commissioners, it may be remitted or mitigated only upon such terms as both the Department and the Commissioners agree. 7. Regulatory Order: (WAC) a. Content of order. The order shall set forth and contain: A description of the specific nature, location, extent, and time of violation and the damage or potential damage; and ---PAGE BREAK--- 133 A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under this chapter may be issued with the order and same shall specify a date certain or schedule by which payment will be complete. b. Effective date: The cease and desist order issued under this section shall become effective immediately upon receipt of the person to whom the order is directed. c. Compliance: Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. B. Delinquent Permit Penalty: 1. A person applying for a permit after commencement of the use or activity may, at the discretion of the Klickitat County Planning Department be required, in addition, to pay a delinquent permit penalty not to exceed three times the appropriate permit fee: Provided, that a person who has caused, aided or abetted a violation within two years after the issuance of a regulatory order, notice of violation or penalty by the Department or (local jurisdiction) against said person may be subject to a delinquent permit penalty not to exceed ten (10) times the appropriate permit fee. Delinquent permit penalties shall be paid in full prior to resuming the use or activity. C. Property Lien: 1. Any person who fails to pay the prescribed penalty as authorized in this chapter shall be subject to a lien upon the affected property until such time as the penalty is paid in full. The Prosecuting Attorney shall file said lien against the affected property at the office of the County Assessor. D. Mandatory Civil Penalties: 1. Issuance of civil penalties is mandatory in the following instances: a.1. The violator has ignored the issuance of an order or notice of violation. b.2. The violation causes or contributes to significant environmental damage to shorelines of the state as determined by the Planning Department. c.3. A person causes, aids or abets in a violation within two years after issuance of a similar regulatory order, notice of violation or penalty by the Department or (local jurisdiction) against said person. E. Minimum Penalty Levels: 1. Regarding all violations that are mandatory penalties, the minimum penalty is $250.00. 2. For all other penalties, the minimum penalty is $100.00. F. General Criminal Penalty: (RCW) 1. In addition to incurring civil liability under Section I, any person found to have willfully engaged in activities on the shorelines of the state in violation of the provisions of the Act or of this Shorelines Plan shall be guilty of a gross misdemeanor, and shall be punished by a fine of not less than twenty-five dollars ($100.00 recommended) nor more than one thousand dollars or by imprisonment in the county jail for not more than ninety days for each separate offense, or by both such fine and imprisonment: Provided, that the fine for such separate offense for the third and all subsequent ---PAGE BREAK--- 134 violations in any five-year period shall be not less than five hundred nor more than ten thousand dollars. F. Violator'’s Liability - Damages, Attorney'’s fees/costs: 1. Any person subject to the regulatory program of the Act or of this Plan who violates any provision thereof or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The prosecuting attorney shall bring suit for damages under this section on behalf of the Klickitat County. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the court in its discretion may award attorney'’s fees and costs of the suit to the Prevailing Party. G. Development and Building Permits: 1. No building permit, septic tank permit, or other development permit shall be issued for any parcel of land developed or divided in violation of this Plan. All purchasers or transferees of property shall comply with provisions of the Act and this Plan and each purchaser or transferee may recover damages from any person, firm, corporation, or agent selling, transferring, or leasing land in violation of the Act or this Plan including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of the Act or this Plan as well as cost of investigation, suit, and reasonable attorney's fees occasioned thereby. Such purchaser, transferee, or lessor may, as an alternative to conforming their property to these requirements, rescind the sale, transfer or lease and recover cost of investigation, and reasonable attorney's fees occasioned thereby from the violator. H. Technical Review of Permit Applications: 1. There shall be established by the Klickitat County Planning Department an administrative procedure wherein applications for permits under this plan are routed to various departments and agencies for technical review and comment. These departments and agencies shall include, but not necessarily be limited to, the County Public Works Department, the County Planning Department, the County Building Department, the Health District, the Klickitat County Shorelines Advisory Committees, WA State Departments of Ecology, FisheriesFish and Wildlife, Natural Resources, and other appropriate agencies. 5.12 Shorelines Permit Procedure A. Application 1. Individual obtains application for permit from local government, fills it out, and returns it to local government, who instructs individual in Public Notice procedures. 2. Klickitat County shall process shoreline permits within 120 days of the application being deemed complete (unless an extension is agreed to by the applicant, or justification for the delay is approved by the Board of County Commissioners). If additional studies are required, the time it takes the applicant to submit these studies is not considered within the 120- day period. 3. Public notice is given regarding the application. 4. Interested individuals submit comments to local government for 30 days following last public notice. 5. After at least 30 days from last public notice, local government grants or denies permit. ---PAGE BREAK--- 135 6. Within eight days of the local government action, copies of the action taken and the application form shall be submitted to the Washington Department of Ecology, and the State Attorney General's Office. Also, the applicant shall be notified of the action taken. 7. If permit is denied, applicant may appeal to Shoreline Hearings Board, as outlined below. 8. If permit is granted, permittee cannot begin construction until after the 21 days after date of actual receipt of a completed filing by the Department of Ecology. If permit is to be reviewed by the Hearings Board, they you must further delay construction until the review is completed. 9. If a permit is granted, the permittee cannot begin construction until after the 21- day appeal period. If the permittee is informed that a review of the permit is to be held by the Hearings Board, then he must further delay construction until the review is completed. B. Appeal Initiated by Department of Ecology or Attorney General 1. Either Department of Ecology or Attorney General may request review of the granting or denying of a permit within 21 days of the granting or denying by local government. Notice is sent to the local government and the Hearings Board. 2. The Hearings Board conducts a review as requested and accepts or overturns the local government decision. 3. Any party to the review may appeal the Hearings Board decision to Superior Court. C. Appeal Initiated by Applicant or by a private party 1. Any person, including the applicant, aggrieved by the granting or denying of a permit may request an appeal. The request is sent to the Department of Ecology, the Attorney General, and the Hearings Board. 2. Either the Department of Ecology or Attorney General must certify the request as valid for the review to continue. Certification must be given within 21 days. 3. If the request is certified, the Hearings Board conducts a review and sustain or overturns the local government decision. 4. Any party which fails to obtain certification, or any party to a review before the Hearings Board may appeal to superior Court. 5.13 Klickitat County Shorelines Master Plan Permit Procedure TO THE APPLICANT The enclosed instructions and procedures are outlined pursuant to the Shoreline Management Act 1971, Amendments to Chapter 173-27 WAC (Permits for substantial developments on shorelines of the state, effective September 30, 1996). 1. Determine whether your proposal is required by or exempted from the permit procedure (see page 2. Complete the JARPA application for substantial development, conditional use, and/or variance permit and return it to the Klickitat County Planning Department. 3. Department staff will review the application, determine if it is complete and prepare public notice. 4. You will be notified of a public hearing for your permit application (if required). ---PAGE BREAK--- 136 5. Notice of action granting or denying permit shall be forwarded to you within eight days after Board of County Commissioners' determination. 6. If permit is denied, you may appeal to the Shorelines Hearing Board (see staff for details). 7. If permit is granted, you cannot begin construction until 21 days after date of actual receipt of a completed filing by the Department of Ecology. If permit is to be reviewed by the Hearings Board, then you must further delay construction until the review is completed. 8. The requirements of this permit procedure do not satisfy other permits or approval from other agencies, which may be required for your proposal (i.e. Hydraulics permit, Army Corps permits, etc.). GENERAL INFORMATION 1. Interested individuals submit comments to the county planning department within 30 days of the date of the public notice. 2. After at least 30 days from date of last public notice, Board of County Commissioners grants or denies permit. 3. If permit is granted, Department of Ecology reviews application and permit, then notifies applicant and county when construction may begin. 4. The Shoreline Permit procedure takes approximately ninety (90) days before construction may begin. Klickitat County utilizes the Joint Aquatic Resources Permit Application (JARPA) JARPA is a consolidated permit application form that consolidates seven permit application forms from federal, state and local permits. JARPA is designed to simplify the permit process for applicants proposing construction, fill placement, public access impingement, and other development activities in or near aquatic environments and wetlands by allowing them to complete only one form to be submitted to the necessary permitting agencies as defined in the JARPA instructions. WHAT PERMITS ARE COVERED? The following permits may be obtained utilizing JARPA: • Section 404 permit of the Clean Water Act - U.S. Army Corps of Engineers (Corps) • Section 9 & 10 permit of the Rivers and Harbors Act - U.S. Coast Guard, Corps • Hydraulic Project Approvals (HPA) - Washington Department of Fish and Wildlife (WDFW) • 401 Water Quality Certifications - Washington Department of Ecology (DOE) • Water Quality Modifications - Ecology • Shoreline Management Act (SMA) permits - Local Government • Growth Management Act critical area ordinance requirements - Some Local Government • Flood damage reduction ordinance requirements - Some Local Government • Aquatic Resource Use Authorization - Washington Department of Natural Resources (DNR) Benefits of JARPA: 1. Reduced paperwork and processing time - multiple applications combined into single form results in reduced costs, frustration, confusion and time delays for project applicants; 2. Improved information received by agencies and local government staff - everyone reviews the same project description, site plans, maps, etc., with more detail at the outset; 3. Reduction in time for receipt of permits - because only one form serves as the application for all of the required permits, there is a greater likelihood that the application will be sent simultaneously to the appropriate agencies. ---PAGE BREAK--- 137 Also, with improved information provided upfront, the need for agencies to request additional information should be reduced. These changes will allow the permit process to start more quickly for each permit; 4. Reduced violations - JARPA’s cover sheet is designed to inform applicants on which permits they need, resulting in less violations; 5. Reduced revisions and increased coordination between agencies - all permitting agencies will receive consistent information at the same time, encouraging early coordination on projects. This should reduce the need for permit revisions that are currently required when one permitting agency requires project design changes after another agency has approved a permit based on original design plans. Currently, if changes in the project design are required, the applicant must request a revision from the initial permitting agency. Early coordination and consistent information should reduce this problem; 6. Potential Regulatory Reform - JARPA has highlighted areas of problematic permit sequencing and inconsistencies among various aquatic resource-related permits. The pilot workgroup has identified potential future regulatory reform in the recommendations section of this report; 7. Reduced Permits - one goal in designing JARPA was to eventually reduce the number of permits required for aquatic resource projects, while still maintaining environmental protection. This could be accomplished through improved use of the tools available at the planning stage (GMA, SEPA, NEPA), and reducing duplicated efforts and combining resources between agencies. ---PAGE BREAK--- 138 KLICKITAT COUNTY PLANNING DEPARTMENT 228 W. Main Street, MS: CH-17 Goldendale, WA 98620 [PHONE REDACTED] 1 [PHONE REDACTED] FAX [PHONE REDACTED] EXEMPTION FROM SHORELINE MANAGEMENT ACT SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENT TO: The proposal by to proposal description . The proposal is located on the River in legal description . This proposal is exempt from the requirement of a substantial development permit because the developments considered: • Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. “Normal repair” means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair involves total replacement which is not common practice or causes substantial adverse effects to the shoreline resource or environment; exemptions as outlined in WAC 173-14-040(b). The proposed development is consistent or inconsistent with: CONSISTENT INCONSISTENT The WA State Shoreline Management Act The Klickitat County Shorelines Master Plan DATE Curt Dreyer, Planning Director ---PAGE BREAK--- 139 5.13 Notice Requirement A. Upon receipt of a JARPA application for a Shoreline Management Substantial Development, Conditional Use, or Variance Permit, the Klickitat County Planning Department shall ensure that adequate public notice is given. B. Notice of the application shall be published in a newspaper of general circulation within the area the development is proposed. Additional notice may be given by these methods: 1. a.Mailing of notice to the latest recorded real property owners, as shown by the records of the county assessor, within three hundred feet of the boundary of the property upon which the substantial development is proposed; 2 b.Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or 3. c.Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public. The notice will indicate that any person may submit written comments concerning an application, or can request notification of the final decision concerning an application. C. If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at such hearing. 5.14 Revisions to Permits A. When an applicant seeks to revise a permit, Klickitat County Planning Department shall request from the applicant detailed plans and text describing the proposed changes in the permit. 1. If the County determines that the proposed changes are within the scope and intent of the original permit, local government may approve a revision. 2. "Within the scope and intent of the original permit" means all of the following: a. No additional over water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet or ten percent from the provisions of the original permit, whichever is less; b. Ground area coverage and height of each structure may be increased a maximum of ten percent from the provisions of the original permit; c. Additional separate structures may not exceed a total of two hundred fifty square feet; d. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable mMaster program Plan except as authorized under the original permit; e. Additional landscaping is consistent with conditions (if any) attached to the original permit and with the applicable Mmaster programPlan; f. The use authorized pursuant to the original permit is not changed; and ---PAGE BREAK--- 140 g. No substantial adverse environmental impact will be caused by the project revision. 3. If the sum of the revision and any previously approved revisions under the WAC 173-14-064 violate the provisions in WAC 173-27) above, local government shall require that the applicant apply for a new permit in the manner provided for herein. 4. Within eight days of the date of final local government action, the revision including the revised site plan, text and the final ruling on consistency with this section shall be filed with the department and the Attorney General. In addition, local government shall notify parties of record of their action. 5. If the revision to the original permit involves a conditional use or variance which was conditioned by the department, local government shall submit the revision to the department for the department's approval, approval with conditions, or denial. The revision shall indicate that it is being submitted under the requirements of this subsection. The department shall render and transmit to local government and the applicant its final decision within fifteen days of the date of the department's receipt of the submittal from local government. Local government shall notify parties of record of the Department's final decision. 6. The revised permit is effective immediately upon final action by local government or, when appropriate under WAC 173-27-130 by the department. 7. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one days from the date of receipt of the county's action by the department or, when appropriate under WAC 173-27- 130), the date the department's final decision is transmitted to local government and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of WAC 173-27- 100(2) above. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. ---PAGE BREAK--- 141 APPENDICES • GLOSSARY • REGULATORY AUTHORITIES ---PAGE BREAK--- 142 GLOSSARY Definitions. As used in this Master Plan, the masculine includes the feminine and neuter, the singular includes the plural, the present includes the future, the word shall is mandatory and not permissive. Nothing in these definitions shall be considered to exempt any use or activity from complying with the provisions of other State and local regulations. The following words and phrases, unless the context otherwise requires, shall mean: The Act. The Shoreline Management Act of 1971 (Chapter 90.58 as amended.) Accessory Building, Structure, or Use. A building, part of a building or structure, or use which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same lot. Administrator: That person as appointed by the legislative body of Klickitat County to administer the provisions of these Regulations within Klickitat County. Agricultural activities. Means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation; Agricultural equipment and agricultural facilities includes, but is not limited to: A. The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains; B. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; C. Farm residences and associated equipment, lands, and facilities; and D. Roadside stands and on-farm markets for marketing fruit or vegetables; and Agricultural land. Means those specific land areas on which agricultural activities are conducted as of the date of adoption of this Master Plan as evidenced by aerial photography or other documentation. After the effective date of this Master Plan, land converted to agricultural use is subject to compliance with the requirements of the Master Plan. Agricultural products includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products; Agriculture, extensive. Those agricultural practices, such as grazing, which require relatively small investments of capital or labor per acre. Agriculture, intensive. Those agricultural practices, such as irrigated cultivating, which require large investments of capital or labor per acre. Aquaculture. Means the culture or farming of fish, shellfish, or other aquatic plants and animals. ---PAGE BREAK--- 143 Associated wetlands. Those wetlands which are in proximity to and either influence or are influenced by a lake or stream subject to the Shoreline Management Act. Average grade level. The average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: Provided, that in the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water line. Biophysical Development Limitation. Severe biophysical limitations, presence of unique natural, cultural, or aesthetic features, intolerant of intensive human use and considered valuable in its natural or original condition. Boating Facility. Any ramp, launch, moorage or other development designed to facilitate water access, and applies to a facility with nine or less moorage slips, but excludes docks serving four or fewer single-family residences. Breakwater. A fixed or floating off-shore structure that protects the shore from wave action or currents. Buffer. A designated area used to separate incompatible uses or protect resources or development. Buffers are generally undeveloped areas. There are different types of buffers for different purposes: 1. Buffers which protect sensitive natural resources (critical areas) from the adverse impacts of development are generally undeveloped open space which are ecologically part of the protected resource; 2. Buffers which protect the integrity of development from certain natural hazards such as slope instability, floods or fire prone areas, and which ensure that buildings and development avoid the hazardous condition; 3. Buffers to separate incompatible uses, such as residential from industrial, airports, or certain activities common to commercial agriculture, are generally open or sparsely populated. Building Setback. A line which establishes a definite point beyond which the foundation of a building shall not extend; this line is measured from the upland edge of the shoreline buffer. Bulkhead. An erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion. Channel migration zone or CMZ. The area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. Clearing. The cutting or removal of vegetation or other organic plant materials by physical, mechanical, chemical, or any other means. Department. The Washington State Department of Ecology. Development. A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals including the grading of land; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to these regulations at any state of water level. Dike. An embankment to prevent flooding by a stream or other water body, often referred to as a levee. Director. The director of the department of ecology. Dock. A structure built over or floating upon the water, used as a landing place for marine transport or for recreational purposes. ---PAGE BREAK--- 144 Exemption. The authorization from local government which establishes that an activity is exempt from substantial development requirements under WAC 173-27-040, but subject to regulations of the act and thislocal mMaster programPlan. Farm Oriented. An agricultural activity in which fifty (50) percent of the raw material for such an activity is produced on the owner's adjacent property and the activity is accessory to the farm operation. Feed Lots. The confined feeding of animals for food, fur, or pleasure purposes in lots or pens which are not normally used for raising crops, and in which no vegetation intended for animal food is growing. Fill. Means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. Floodplain. Is synonymous with the one- hundred- year floodplain and means that land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objective of the act. Floodway. Means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. The limit of the floodway is that which has been established in flood regulation ordinance maps or by a reasonable method which meets the objective of the act. Geotechnical report or geotechnical analysis. Means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site- specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. Grading. The movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. Groin. A bank or shore-protection structure in the form of a barrier oblique to primary motion of water, designed to control movement of bed material. Hard stabilization. Shoreline erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear, vertical or near-vertical faces. These include bulkheads, rip-rap, and similar structures. In-stream structure. Means a structure placed by humans within a stream or river waterward of the ordinary high-water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. Jetty. An elongated artificial obstruction projecting into a stream from the bank to control shoaling or scour by deflection of currents. ---PAGE BREAK--- 145 Lake. Means a body of standing water in a depression of land or expanded part of a river, including reservoirs, of twenty acres or greater in total area. A lake is bounded by the ordinary high water mark or, where a steam enters a lake, the extension of the elevation of the lake's ordinary high water mark within the stream. Lot. A lot is a fractional part of subdivided lands having fixed boundaries. The term includes tracts and parcels. Marina. A dock or basin providing moorage for watercraft and offering supply, repair, or other support facilities. A marina may be either open to the public or for private use. Marshes, bogs, and swamps. Are lands transitional between terrestrial and aquatic systems where saturation with water is the dominant factor determining plant and animal communities and soil development. Master Planrogram. Shall mean the comprehensive use plan for Klickitat County and the mMaster programPlan regulations together with maps, diagrams, charts or other descriptive material and text, a statement of desired goals, policies, and standards developed in accordance with the Act. Mobile Home. A single- family dwelling, more than thirty-two (32) feet in length and eight feet or more in width, designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like. This definition does not include modular homes. Mobile Home Park. A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for dwelling or sleeping purposes. Modular Home. Any factory built housing designed primarily for residential occupancy by human beings which does not contain a permanent frame and must be mounted on a permanent foundation. Natural Buffer Zone: The purpose of this zone is to establish an undisturbed conservation buffer of natural vegetation in order to preserve the shoreline natural riparian zone; to assure water quality; to preserve the aesthetic qualities along shorelines, and to enhance and preserve unique natural resources for the benefit of existing and future generations and the public interest. Measured 50 feet shoreward on a horizontal plane from the ordinary high water line. Natural or existing topography. The topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. Normal nondestructive pruning and trimming . Pruning (not cutting down or removing) minimally necessary to allow pedestrian access to the shoreline such that no more than 20% of the natural vegetation on the shoreline of any single ownership is shaped, modified, or disturbed. Selective pruning shall include the physical removal of native vegetation only when it is determined by the Planning Department that such vegetation poses a physical hazard to persons or properties. Ordinary High Water Line. That mark on all lakes and streams that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department . Partial Cut. Defined in WAC 222-16-010 as “the removal of a portion of the merchantable volume in a stand of timber so as to leave an uneven-aged stand of well-distributed residual, healthy trees that will reasonably utilize the productivity of the soil. Partial cutting does not include seed tree or shelterwood or other types of regeneration cutting.” Permit. Any form of permission required under the act prior to undertaking activity on shorelines of the state, including substantial development permits, variances, conditional use permits, permits for oil or natural gas exploration activities, permission which may be required for selective commercial timber harvesting, and shoreline exemptions. ---PAGE BREAK--- 146 Person. An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local government unit however designated. Pier. A fixed platform above the water and supported by piles, usually perpendicular to the shoreline. See also “Dock.” Planned Unit Development. A residential development which permits departures from the conventional siting, setback, and density requirements of other sections of this code in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permitting design flexibility. Plat. A map or representation of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys, or other divisions or dedications. Policies. Statements of intent directing or authorizing a course of action or specifying criteria for regulatory and nonregulatory actions by a local government Prime farmland, unique farmland, farmland. Prime or unique farmland or farmlands means farmland that the appropriate state or local agency or agencies determine to be of state-wide importance. (The following definitions are provided by the State Conservation Commission:) A. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion, as determined by the Secretary. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock feed, and timber. It does not include land already in or committed to urban development or water storage. B. Unique farmland is land other than Prime farmland that is used for production of specific high-value food and fiber crops, as determined by the Secretary. It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acceptable farming methods. Examples of such crops include citrus, tree nuts, olives, cranberries, fruits, and vegetables; and C. Farmlands of State-wide Importance are farmlands, other than Prime or Unique farmland, that is of state-wide importance for the production of food, feed, fiber, forage, or oilseed crops, as determined by the appropriate State or unit of government agency or agencies, and that the Secretary determines should be considered as farmland for the purposes of this subtitle. Criteria for defining and delineating Farmlands of State-wide Importance are to be determined by the appropriate State agency or agencies. Generally, Farmlands of State-wide Importance include those that are near Prime farmland and that economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce as high a yield as Prime farmlands if conditions are favorable D. Additional farmland of local importance. In some local areas, there is concern for certain additional farmlands for the production of food, feed, fiber, forage and oilseed crops, even though these lands are not identified as having national or state-wide importance. Where appropriate, these lands are to be identified by the local agency or agencies concerned. Qualified professional. A person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant subject. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and, unless otherwise specified in this SMP, have at least two years of related work experience. Residential Development. One or more buildings, structures, lots, parcels or portions thereof which are designed for and used or intended to be used to provide a place of abode for human beings, including single-family residences, duplexes, other detached dwellings, including accessory dwelling units, floating homes, multi-family residences, apartments, townhouses, mobile home parks, other similar group housing, condominiums, subdivisions and short subdivisions, ---PAGE BREAK--- 147 together with accessory uses and structures normally applicable to residential uses including but not limited to: garages, driveways, parking areas, sheds, swimming pools, decks, fences, utilities, sewage disposal systems, wells, lawns, etc. Residential development does not include hotels, motels, or any other type of overnight or transient housing or camping facilities. Riprap. Broken stone placed on shoulders, slopes, or other such place to protect them from erosion. River Delta. Means those lands formed as an aggradational feature by stratified clay, silt, sand and gravel deposited at the mouths of steams where they enter a quieter body of water. The upstream extent of a river delta is that limit where it no longer forms distributary channels. Shorelands or Shoreland Areas. Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways; and all wetlands, and river deltas associated with the streams, lakes and tidal waters which are subject to RCW 90.58. Shoreline Management Act. The Shoreline Management Act of 1971 (Chapter 90.58 R.C.W., as amended.) Shorelines Permits. A Substantial Development Permit is required for an activity of development which is classified as a Substantial Development by the Act RCW 90.58.030 Shoreline Stabilization. Structural and nonstructural methods to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. Shorelines. All of the water areas of the state as defined in RCW 90.58.030, including reservoirs, and their associated shorelands, together with the lands underlying them, except 1. Shorelines of statewide significance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. Shorelines of Statewide Significance. 1. The lakes, whether natural, artificial, or a combination thereof, with a surface acreage of 1,000 acres or more measured at the ordinary high water line and associated wetlands. 2. Those natural streams, of a point where the mean annual flow is measured at 200 cubic feet per second or more, or from the first 300 square miles of drainage area; whichever is the longer, and associated wetlands Shorelines of the state. Total of all “shorelines” as defined in RCW 90.58.030(2)(d) and “shorelines of statewide significance” within the state as defined in RCW 90.58.030(2)(c). Sign, directional and informational. A sign designed to guide or direct pedestrians or vehicles. Sign, Off-Premises. Any sign used to advertise goods or services not generally available on the premises on which the display is located. Sign, On-Premise. Any sign identifying the premises on which located or the occupant(s) thereof, or relating to goods or services manufactured, Produced, or available on the Premises. Soft stabilization. Shoreline erosion control and restoration practices that contribute to restoration, protection or enhancement of shoreline ecological functions. Soft structural shoreline stabilization typically includes a mix of gravels, ---PAGE BREAK--- 148 cobbles, boulders, logs and native vegetation placed to provide shore stability in a non-linear, generally sloping arrangement. Stream. Is a naturally occurring body of periodic or continuously flowing water where: The mean annual flow is greater than twenty cubic feet per second; and The water is contained within a channel. A channel is an open conduit either naturally or artificially created. This definition does not include artificially created irrigation, return flow, or stockwatering channels. Structure. Anything constructed in the ground, or anything erected which required location on the ground or water, or is attached to something having location on or in the ground or water. Substantial Development. This term means any development of which the total cost or fair market value exceeds two thousand five hundred ($2500) dollarsthe value established by the office of financial management every five years, or any development which materially interferes with the normal public use of the water or shorelines of the state. Undisturbed conservation buffer. Undisturbed allows only minor vegetative modification that does not substantially alter the visual character or adversely affect the riparian structure and function (see Natural Buffer Zone definition, Page 3-1). Water Dependency. The degree of dependency of any use of the land upon a shoreline location. Water-dependent Uses. All uses that cannot exist in any other location and require a location on the shoreline by reason of the intrinsic nature of their operations. Water-dependent used include, but are not limited to: -Aquaculture -Boat launch facilities -Ferry terminals -Hydroelectric power plants -Marinas -Marine construction, dismantling and repair -Marine and limnological research and education -Private and public docks -Shoreline recreation including parks, bike and walking trails, beaches, etc. -Terminal and transfer facilities for marine commerce and industry -Water intakes and outfalls Water-oriented Uses are classed by Commercial and Industrial types. Water-oriented Commercial Uses are those commercial uses which do not depend on a waterfront location to successfully continue their operation but whose operation would facilitate public access to and enjoyment of a shoreline area through design and aesthetic appearance of the facility. Water-oriented Industrial Uses are those industrial uses which do not depend on a waterfront location to continue their operation but whose operation would be facilitated economically by a shoreline location. Water oriented uses as described above include, but are not limited to: -Restaurants -Motels -Hotels -Resorts -Processing plants which require large volumes of water -Thermal power plants -Sewage treatment plants -Lumber mills ---PAGE BREAK--- 149 A determination of whether proposed uses not specifically listed above are shoreline-dependent or shoreline-oriented shall be made by the Administrator who shall follow the intent of this Section. Water-related use. A use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: 1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Wetlands. Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include artificial wetlands intentionally created from non-wetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversation of wetlands. ---PAGE BREAK--- 150 REGULATORY AUTHORITIES FEDERAL REGULATORY AUTHORITIES: Columbia River Gorge National Scenic Area Act administered jointly by USFS and Columbia Gorge Commission segments Scenic area into three management areas establishes land use restrictions for each management area scenic quality is primary focus Clean Water Act of 1972 sets standards for municipal, industrial, and other point sources of pollution requires development of state and local nonpoint source pollutant control programs dredge and fill regulations {streams. lakes wetlands} Safe Drinking Water Act of 1974 regulates quality of public drinking water sources National Environmental Policy Act of 1969 requires interdisciplinary environmental review by federal agencies on all federal projects requires an EIS for all "major federal actions significantly affecting the quality of the environment" Endangered Species Act of 1972 protects species of rare plants and animals Fish and Wildlife Coordination Act requires coordination with U.S. Fish and Wildlife Service on certain Projects affecting wildlife Yakima Treaty of 1855 and subsequent legislation off-reservation treaty rights (ceded and other lands) fishing at usual and customary sites (including right of access across private lands) hunting, gathering and pasturing on open, unclaimed, and unoccupied lands in-lieu fishing sites Cultural Protection Law (effective 7/23/89) establishes legal protection for archaeological objects and sites, Indian and historic graves on private as well as public lands ---PAGE BREAK--- 151 WASHINGTON STATE REGULATORY AUTHORITIES: Forest Practices Act regulates timber harvesting and associated practices to provide fish, timber and wildlife habitat - affects state, local, and private lands defines four classes of forest practices, each with different requirements regarding DNR permitting, SEPA procedures, etc. specifically addresses management practices within riparian zones Washington State Hydraulic Code requires permitting by WDW or WDF for any work that will "use, divert, obstruct or change the natural flow or bed" of state waters The Washington State Departments of Fisheries Fish and Wildlife administer the Hydraulic Code (RCW 75.20.100). The law requires that any individual, organization or government agency wishing to conduct any construction activity within the ordinary high water zone of state waters, shall obtain an Hydraulic Project Approval (HPA) before commencing construction. An application for Hydraulic Project Approval may be obtained from either the Department of Fisheries or the Department ofFish and Wildlife. Water Quality and Allocation Laws Waste Discharge Permits issued by DOE for point sources of pollution water quality permitting done in conjunction with federal requirements nonpoint pollution control regulations written into Forest Practice Act Section 208 and 319 (Clean Water Act) programs minimum flow requirements (DOE IFIM program - not yet implemented on either river) prior appropriations doctrine (first in time, first in right) Shoreline Management Act of 1971 (SMA) establishes authority for coordinated planning of private and public shoreline development defines "shorelines" and "sshorelines of sstate-wide ssignificance" and mandates that management of the latter shall consider the interests of the state over local interests requires development of local shorelines master plans, and provides guidance towards that and requires local designation of environmental management zones with defined land use controls. creates a permitting process for all "substantial developments" ($2500 within shorelines of the state ("shorelines" plus "shorelines of state-wide significance" State Environmental Policy Act (SEPA) establishes authority for regulations to maintain environmental quality requires local governmental implementation of the act provides for DOE review of local planning and project approvals requires an "environmental checklist" for defined "actions " requires an EIS for "actions determined to have a potential adverse effect on the environment" ---PAGE BREAK--- 152 KLICKITAT COUNTY REGULATORY AUTHORITIES: Comprehensive Plan policy statement regarding physical development of the county serves as the guideline for preparation and implementation of the zoning ordinance and other official controls Zoning Ordinance the legal tool used to regulate land use and density of population Shoreline Master Plan consists of goals, policies, environmental zone designations and use regulations to control development along streams, lakes, and marine shorelines Zoning Ordinance Amendment - Temporary Wild and Scenic Rivers Overlay Zone prohibits logging, structural development, aggregate recovery and signage within a 200 foot zone along the White Salmon and Klickitat Rivers Floodplain Management Ordinance establishes standards and permitting mechanisms for a defined "floodway" and "special flood hazard zone" (100- year floodplain) purpose of standards is to minimize damage to floodplain structures as well as off-site flood/erosion/sedimentation damage SW Washington Health District septic system setbacks implements SEPA proclaims county policy to maintain environmental quality Klickitat County Solid Waste Management Plan the 1989 Comprehensive Solid Waste Management Plan consists of plan elements for waste reduction, recycling, transportation and collection, transfer, disposal and administration Shoreline Management Act of 1971 RCW 90.58.150 Selective commercial timber cutting, when. With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of state-wide significance, the department or local government shall allow only selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested in any ten year period of time: Provided, That other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental: Provided further, That clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted. [1971 ex s. c 286 § 15.]