13.11.140 Shoreline habitat and natural systems enhancement projects.
A. Shoreline restoration and ecological enhancement projects shall be permitted in all shoreline environments, provided the project’s purpose is the restoration of the natural character and ecological functions of the shoreline, and shall be consistent with any applicable requirements of Chapter 13.13 BMC, Critical Areas in Shoreline Jurisdiction.
B. “Major” restoration projects as used in this section incorporate all work elements waterward of the ordinary high water mark and any activity in wetlands, and may include upland elements as well. “Minor” restoration projects consist only of upland activities above the ordinary high water mark and outside of wetlands, and are conducted without the use of heavy machinery. Typically, minor shoreline restoration projects may include removal of invasive vegetation, installation of native vegetation, or placement of habitat logs or structures.
C. “Major” restoration and enhancement projects shall be carried out in accordance with an approved shoreline restoration plan prepared by a qualified professional (see Chapter 13.03 BMC for complete definition) with experience and education or training in the pertinent discipline and containing the following plan details:
1. Inventory of existing shoreline environment, including the physical, chemical and biological elements and an assessment of their condition;
2. A discussion of any federal, state, or local special management recommendations for species or habitats located on the site that will be incorporated into the plan;
3. A discussion of proposed measures to minimize any temporary adverse impacts of the project to ensure no net loss of shoreline ecological functions;
4. Scaled drawings of existing and proposed conditions, materials specifications, construction sequence, and a five-year maintenance and monitoring plan, including relevant performance standards applicable to all restoration plan components, such as vegetation, large woody debris, or substrate;
5. Contingency plan if the restoration plan fails to meet performance standards included in the project restoration plan; and
6. Any additional information necessary to determine the impacts of a proposal and mitigation of any adverse impacts.
D. “Minor” restoration and enhancement projects shall be carried out in accordance with an approved shoreline restoration plan prepared using applicable guidance promulgated by city, county, or state agencies or other environmentally founded organizations such as the Washington Native Plant Society. Such plans shall include:
1. A description of the existing and proposed condition, focusing on the element to be restored or enhanced;
2. A discussion of proposed measures to minimize any temporary adverse impacts of the project to ensure no net loss of shoreline ecological functions;
3. Scaled drawings of existing and proposed conditions, materials specifications, construction sequence, and a three-year maintenance and monitoring plan; and
4. Any additional information necessary to determine the impacts of a proposal and mitigation of any adverse impacts.
E. All shoreline restoration and enhancement projects shall protect the long-term integrity of adjacent natural resources, including aquatic habitats and water quality, and shall make appropriate provisions to reduce or mitigate temporary impacts, such as implementing erosion control, conducting work during those times authorized by the state Department of Fish and Wildlife, and other measures as stipulated by the shoreline administrator.
F. Major shoreline restoration and enhancement projects are allowed if the project applicant demonstrates that no significant long-term change to sediment transport will result and that the enhancement project will not adversely affect ecological function, ecosystem-wide processes, properties, or habitat.
G. Major and minor restoration activities that damage fish and wildlife resources, degrade recreation and aesthetic resources, result in a net loss of ecological functions, or result in high flood stages and velocities are prohibited.
H. Major restoration and enhancement projects shall be designed using the best available scientific and technical information, and implemented using best management practices. Applicants should consult manuals produced by the Washington Department of Fish and Wildlife, including but not limited to the Stream Habitat Restoration Guidelines Final Draft (2004, as amended) and Integrated Streambank Protection Guidelines (2002, as amended).
I. Shoreline restoration and enhancement shall not permanently interfere with the normal public use of the navigable waters of the state without appropriate mitigation.
J. Relief from Shoreline Master Program Development Standards and Use Regulations.
1. Purpose of Subsection. This subsection (J) incorporates statutory direction from RCW 90.58.580. In adopting RCW 90.58.580, the legislature found that restoration of degraded shoreline conditions is important to the ecological function of our waters. However, restoration projects that shift the location of the shoreline can inadvertently create hardships for property owners, particularly in urban areas. Hardship may occur when a shoreline restoration project shifts shoreline jurisdiction into areas that had not previously been regulated under the Act or shifts the location of required shoreline buffers. The intent of this subsection is to provide relief to property owners in such cases, while protecting the viability of shoreline restoration projects.
2. Conditions and Criteria for Providing Relief. The city may grant relief from standards and use regulations in this title when the following apply:
a. A shoreline restoration project causes or would cause a landward shift in the ordinary high water mark, resulting in the following:
(1) Land that had not been regulated under this title prior to construction of the restoration project is brought under shoreline jurisdiction; or
(2) Additional regulatory requirements apply due to a landward shift in required shoreline buffers or other regulations of the Bothell SMP and this title; and
(3) Application of this title would preclude or interfere with use of the property permitted by local development regulations, thus presenting a hardship to the project proponent.
b. The proposed relief meets the following criteria:
(1) The proposed relief is the minimum necessary to relieve the hardship;
(2) After granting the proposed relief, there is net environmental benefit from the restoration project;
(3) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and consistent with the Bothell SMP and this title; and
(4) Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under this subsection (J).
c. The application for relief must be submitted to the Washington State Department of Ecology for written approval or disapproval. This review must occur during Ecology’s normal review of a shoreline substantial development permit, conditional use permit, or variance. If no such permit is required, then Ecology shall conduct its review when the city provides a copy of a complete application and all supporting information necessary to conduct the review.
(1) Ecology shall provide at least 20 days’ notice to parties that have indicated interest to Ecology in reviewing applications for relief under this subsection (J), and post the notice on its website.
(2) Ecology shall act within 30 calendar days of the close of the public notice period, or within 30 days of receipt of the proposal from the city if additional public notice is not required.
3. A substantial development permit is not required on land that is brought under shoreline jurisdiction due to a shoreline restoration project creating a landward shift in the ordinary high water mark. (Ord. 2280 § 9, 2019; Ord. 2112 § 3 (Exh. C), 2013).