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December 17, 2012 Ridgefield-Shoreline-Master-Program CITY OF RIDGEFIELD SHORELINE MASTER PROGRAM ADOPTED: Ordinance 1102, April 12, 2012 AMENDED: Ordinance 1122, November 15, 2012 APPROVED: December 3, 2012 EFFECTIVE: December 17, 2012 This Page Intentionally Left Blank City of Ridgefield Draft Shoreline Master Program ADOPTED: Ordinance 1102, April 12, 2012 AMENDED: Ordinance 1122, November 15, 2012 APPROVED: December 3, 2012 EFFECTIVE: December 17, 2012 City of Ridgefield Shoreline Master Program ii Effective December 17, 2012 Acknowledgements Project Management Team Battle Ground: Robert Maul Community Development Director Sam Crummett Planner Dorothy Harrington Planner Camas: Phil Bourquin Community Development Director Sarah Fox Planner Clark County: Gordy Euler Planner Gary Albrecht Planner La Center: Dale Miller City Planner Ridgefield: Justin Clary City Manager Vancouver: Marian Lahav Planner; Project Manager Jon Wagner Planner Andrew Reule Planner Matt Ransom Long Range Planning Manager Laura Hudson Community Development Director Washougal: Mitch Kneipp Planning Manager Woodland: Carolyn Johnson Community Development Planner Yacolt: Rod Orlando Planning Consultant Shoreline Stakeholder’s Advisory Committee David Arredondo CE John, commercial and mixed use development Jan Baldwin Citizen, water quality Dvija Michael Bertish Columbia Riverkeepers, conservation Mike Bomar Southwest Contractors Association Patty Boyden Port of Vancouver, industrial development Larry Connolly Port of Camas-Washougal, industrial development Bill Dygert Dygert and Simpson, public access Brent Erickson Camas-Washougal Chamber of Commerce Roland Heartl Citizen, shoreline property owners Sarah Kronholm Georgia Pacific, industrial development Steve Madsen Building Industry Association of Clark County, residential development John McConnaughey Environmental Technology Consultants, conservation Mark McCuddy McCuddy’s Marina, water-dependent development Bill Montgomery CEMEX, industrial development and mining David Morgan Citizen, private forest and agriculture land owner Randy Mueller Port of Ridgefield, industrial development Ike Nwankwo Washington Department of Commerce, GMA/SMA integration Kelly Punteney Vancouver-Clark Parks Recreation Commission, public access Rudy Salakory Cowlitz Tribe, Tribal interests Gretchen Starke Vancouver Audubon Society, conservation Dean Swanson Fish First, conservation and public access City of Ridgefield Shoreline Master Program Effective December 17, 2012 iii Technical Advisory Committee Barb Aberle WSDOT, environmental manager Jean Akers/Elizabeth Jordan Vancouver-Clark Parks and Recreation, public access Lalena Amiotte DNR, aquatic lands George Bluhm Citizen, engineer/hydrology John Bromley DNR, geology and earth sciences Brent Davis Clark County Environmental Services, wetlands Dick Dyrland Citizen, hydrology George Fornes/Dave Howe WDFW, habitat Bernadette Graham Hudson Lower Columbia Fish Recovery Board, salmon recovery and watersheds Kevin Grosz The Resource Company, wetlands Steve Hartsell DNR, forest practices Randy Hill US Fish and Wildlife Service, National Wildlife Refuges Elaine Huber Battle Ground, public works Nick Jeremiah NOAA Fisheries, habitat Warren Knuth/Steve Bacon Clark Regional Wastewater, wastewater engineering Brad Murphy Ecology, wetlands, shoreline permitting Ike Nwankwo Commerce, SMA/GMA integration Ron Rathburn Magda Consulting, ecologist Rudy Salakory Cowlitz Tribe, biologist Howard Schaller US Fish and Wildlife Service, Columbia River fisheries Rod Swanson Clark County Environmental Services, geologist Doug Wilson Clark County Historic Preservation Commission, archaeologist Jeff Wittler Clark Public Utilities, stream restoration Independent Science Review Panel Scott Burns Portland State University, geology Gardner Johnston Interfluve, Inc., watershed hydrology Joseph Maser Portland State University, wetlands Mark Sytsma Portland State University, limnology and lakes Alan Yeakley Portland State University, hydrology City of Ridgefield Shoreline Master Program Effective December 17, 2012 i TABLE OF CONTENTS Acronyms ........................................................................................................................... vi CHAPTER 1 INTRODUCTION .................................................................................. 1-1 1.1 Title .................................................................................................................... 1-1 1.2 Adoption Authority ............................................................................................ 1-1 1.3 Purpose and Intent.............................................................................................. 1-1 1.4 Governing Principles ......................................................................................... 1-2 1.5 Liberal Construction .......................................................................................... 1-3 1.6 Severability ........................................................................................................ 1-3 1.7 Relationship to Other Plans and Regulations..................................................... 1-3 1.8 The Shoreline Master Program .......................................................................... 1-4 1.9 Effective Date .................................................................................................... 1-5 CHAPTER 2 APPLICABILITY, SHORELINE PERMITS and EXEMPTIONS ....... 2-1 2.1 Applicability ...................................................................................................... 2-1 2.1.1 Developments Not Subject to the Shoreline Management Act ................. 2-2 2.2 Shoreline Substantial Development Permit Required ........................................ 2-2 2.3 Exemptions from a Shoreline Substantial Development Permit........................ 2-3 2.3.1 General Requirements ................................................................................ 2-3 2.3.2 List of Exemptions ..................................................................................... 2-4 2.3.3 Statements of Exemption ........................................................................... 2-7 2.4 Prohibited Uses .................................................................................................. 2-8 2.5 Nonconforming Uses and Development ............................................................ 2-8 2.5.1 Existing Uses and Development ................................................................ 2-8 2.5.2 Nonconforming Uses ................................................................................. 2-8 2.5.3 Nonconforming Structures ......................................................................... 2-9 2.5.4 Nonconforming Lots ................................................................................ 2-10 2.6 Shoreline Variance ........................................................................................... 2-10 2.7 Shoreline Conditional Use Permit ................................................................... 2-12 CHAPTER 3 SHORELINE MASTER PROGRAM GOALS and POLICIES ............ 3-1 3.1 General Shoreline Goals .................................................................................... 3-1 3.2 Shorelines of Statewide Significance................................................................. 3-1 3.3 Archaeological, Historic, and Cultural Resources ............................................. 3-1 3.3.1 Goal ............................................................................................................ 3-1 3.3.2 Policies ....................................................................................................... 3-1 3.4 Conservation ...................................................................................................... 3-2 3.4.1 Goal ............................................................................................................ 3-2 3.4.2 Policies ....................................................................................................... 3-2 3.5 Economic Development ..................................................................................... 3-3 3.5.1 Goal ............................................................................................................ 3-3 3.5.2 Policies ....................................................................................................... 3-3 3.6 Flood Prevention and Flood Damage Minimization .......................................... 3-3 3.6.1 Goal ............................................................................................................ 3-3 3.6.2 Policies ....................................................................................................... 3-3 3.7 Public Access and Recreation ............................................................................ 3-4 3.7.1 Goal ............................................................................................................ 3-4 3.7.2 Policies ....................................................................................................... 3-4 City of Ridgefield Shoreline Master Program ii Effective December 17, 2012 3.8 Restoration ......................................................................................................... 3-5 3.8.1 Goal ............................................................................................................ 3-5 3.8.2 Policies ....................................................................................................... 3-5 3.9 Shoreline Modification and Stabilization .......................................................... 3-6 3.9.1 Goal ............................................................................................................ 3-6 3.9.2 Policies ....................................................................................................... 3-6 3.10 Shoreline Use and Development ........................................................................ 3-8 3.10.1 Goal ............................................................................................................ 3-8 3.10.2 Policies ....................................................................................................... 3-8 3.11 Transportation, Utilities, and Institutional Facilities ......................................... 3-9 3.11.1 Goal ............................................................................................................ 3-9 3.11.2 Policies ....................................................................................................... 3-9 3.12 Views and Aesthetics ....................................................................................... 3-10 3.12.1 Goal .......................................................................................................... 3-10 3.12.2 Policies ..................................................................................................... 3-10 3.13 Water Quality and Quantity ............................................................................. 3-10 3.13.1 Goal .......................................................................................................... 3-10 3.13.2 Policies ..................................................................................................... 3-10 CHAPTER 4 SHORELINE DESIGNATIONS ........................................................... 4-1 4.1 Introduction ........................................................................................................ 4-1 4.2 Authority ............................................................................................................ 4-1 4.3 Shoreline Designations ...................................................................................... 4-1 4.3.1 Aquatic Shoreline Designation .................................................................. 4-2 4.3.2 Natural Shoreline Designation ................................................................... 4-3 4.3.3 Urban Conservancy Shoreline Designation ............................................... 4-5 4.3.4 Medium Intensity Shoreline Designation .................................................. 4-7 4.3.5 High Intensity Shoreline Designation ........................................................ 4-8 4.3.6 Rural Conservancy - Residential Shoreline Designation ........................... 4-9 4.3.7 Rural Conservancy - Resource Lands Shoreline Designation ................. 4-11 4.4 Official Shoreline Map .................................................................................... 4-13 4.4.1 Map Established ....................................................................................... 4-13 4.4.2 File Copies ............................................................................................... 4-13 4.4.3 Map Amendments .................................................................................... 4-13 4.4.4 Boundary Interpretation ........................................................................... 4-13 4.4.5 Shoreline Designation Changes and Urban Growth Boundary Revisions .................................................................................................. 4-14 CHAPTER 5 GENERAL SHORELINE USE AND DEVELOPMENT REGULATIONS.............................................................................................................. 5-1 5.1 General Shoreline Use and Development Regulations ...................................... 5-1 5.2 Archeological, Cultural and Historic Resources ................................................ 5-3 5.3 Critical Areas Protection .................................................................................... 5-4 5.3.1 General Provisions ..................................................................................... 5-4 5.4 Public Access ..................................................................................................... 5-4 5.5 Restoration ......................................................................................................... 5-6 5.6 Site Planning and Development ......................................................................... 5-6 5.6.1 General ....................................................................................................... 5-6 5.6.2 Clearing, Grading, Fill and Excavation ..................................................... 5-7 City of Ridgefield Shoreline Master Program Effective December 17, 2012 iii 5.6.3 Building Design ......................................................................................... 5-9 5.7 Vegetation Conservation .................................................................................. 5-10 5.8 Views and Aesthetics ....................................................................................... 5-11 5.8.1 Visual Access ........................................................................................... 5-11 5.9 Water Quality and Quantity ............................................................................. 5-11 CHAPTER 5A RMC 18.280, CRITICAL AREAS PROTECTION............................ 5A-1 CHAPTER 5A RMC 18.750, FLOOD CONTROL ................................................... 5A-53 CHAPTER 6 SPECIFIC SHORELINE USE REGULATIONS .................................. 6-1 6.1 General Provisions ............................................................................................. 6-1 6.2 Shoreline Use, Modification, and Standards Table ........................................... 6-1 6.3 Use-specific Development Regulations ............................................................. 6-8 6.3.1 Agriculture ................................................................................................. 6-8 6.3.2 Aquaculture ................................................................................................ 6-8 6.3.3 Boating Uses ............................................................................................ 6-10 6.3.4 Commercial Uses ..................................................................................... 6-16 6.3.5 Forest Practices ........................................................................................ 6-16 6.3.6 Industrial Uses ......................................................................................... 6-17 6.3.7 Institutional Uses ..................................................................................... 6-19 6.3.8 Mining ...................................................................................................... 6-20 6.3.9 Parking ..................................................................................................... 6-20 6.3.10 Recreational Uses..................................................................................... 6-20 6.3.11 Residential Development ......................................................................... 6-21 6.3.12 Signs ......................................................................................................... 6-25 6.3.13 Transportation Uses ................................................................................. 6-25 6.3.14 Utilities Uses ............................................................................................ 6-26 6.4 Shoreline Modification Regulations ................................................................ 6-27 6.4.1 General Requirements .............................................................................. 6-27 6.4.2 Dredging and Dredge Material Disposal ................................................. 6-28 6.4.3 Flood Control Works and In-stream Structures ....................................... 6-32 6.4.4 Shoreline Restoration and Enhancement ................................................. 6-34 6.4.5 Shoreline Stabilization – General ............................................................ 6-35 6.4.6 Bioengineered Stabilization ..................................................................... 6-36 6.4.7 Structural Stabilization............................................................................. 6-37 6.4.8 Bulkheads ................................................................................................. 6-38 6.4.9 Revetments ............................................................................................... 6-40 6.4.10 Breakwaters, Jetties, Rock Weirs, and Groins ......................................... 6-41 CHAPTER 7 ADMINISTRATION AND ENFORCEMENT ..................................... 7-1 7.1 General Provisions ............................................................................................. 7-1 7.2 Administrative Authority and Responsibility .................................................... 7-2 7.2.1 Shoreline Administrator ............................................................................. 7-2 7.2.2 State Department of Ecology and Attorney General ................................. 7-3 7.2.3 Administrative Interpretations ................................................................... 7-3 7.2.4 Statement of Exemption ............................................................................. 7-4 7.2.5 Shoreline Substantial Development Permits .............................................. 7-4 7.2.6 Shoreline Conditional Use Permits ............................................................ 7-4 7.2.7 Shoreline Variance Permits ........................................................................ 7-5 7.2.8 Revisions to Shoreline Permits .................................................................. 7-5 City of Ridgefield Shoreline Master Program iv Effective December 17, 2012 7.2.9 Master Program Amendments ................................................................... 7-7 7.3 Ecology Review ................................................................................................. 7-7 7.4 Hearings and Appeals ........................................................................................ 7-8 7.4.1 Hearings ..................................................................................................... 7-8 7.4.2 Appeals ...................................................................................................... 7-9 7.5 Commencement of Development Activity and Permit Validity ........................ 7-9 7.6 Enforcement ..................................................................................................... 7-11 7.6.1 General Enforcement ............................................................................... 7-11 7.6.2 Investigation and Notice of Violation ...................................................... 7-12 7.6.3 Requirement for Restoration Plan ............................................................ 7-12 7.6.4 Penalties ................................................................................................... 7-13 7.6.5 Violations – Subsequent Development and Building Permits ................. 7-15 7.7 Public and Private Redress............................................................................... 7-15 7.8 Fees for Permits Obtained after Development ................................................. 7-16 7.9 Revocation of Permits ...................................................................................... 7-16 CHAPTER 8 DEFINITIONS ....................................................................................... 8-1 City of Ridgefield Shoreline Master Program Effective December 17, 2012 v LIST OF TABLES Table 4-1. Shoreline Designations for Urban1/Rural2 Boundary Revisions ................ 4-14 Table 6-1. Shoreline Use, Modification and Development Standards ............................ 6-2 LIST OF APPENDICES Appendix A: City of Ridgefield Unofficial Shoreline Designation Map City of Ridgefield Shoreline Master Program vi Effective December 17, 2012 ACRONYMS BMP Best Management Practices DAHP Department of Archaeology and Historical Preservation DNR Department of Natural Resources Ecology Washington State Department of Ecology ESA Endangered Species Act FEMA Federal Emergency Management Agency HPA Hydraulic Project Approval OHWM Ordinary High Water Mark RCW Revised Code of Washington RDC Ridgefield Development Code RMC Ridgefield Municipal Code SCUP Shoreline Conditional Use Permit SEPA State Environmental Policy Act SSDP Shoreline Substantial Development Permit SMA Shoreline Management Act SMP Shoreline Master Program SSOE Shoreline Statement of Exemption SSWS Shoreline of Statewide Significance SVAR Shoreline Variance UGA Urban Growth Area USACOE Unites States Army Corps of Engineers WAC Washington Administrative Code WDFW Washington Department of Fish and Wildlife City of Ridgefield Shoreline Master Program Effective December 17, 2012 1-1 CHAPTER 1 INTRODUCTION 1.1 Title This document shall be known and may be cited as the City of Ridgefield Shoreline Master Program (Program). 1.2 Adoption Authority This Program is adopted under the authority granted by the Shoreline Management Act (Act) of 1971, Revised Code of Washington (RCW) Chapter 90.58, and Washington Administrative Code (WAC) Chapter 173-26 as amended. 1.3 Purpose and Intent The purpose of this Program is: 1. To guide the future development of shorelines in the City in a positive, effective, and equitable manner consistent with the Act; 2. To promote the public health, safety, and general welfare of the community by providing long range, comprehensive policies and effective, reasonable regulations for development and use of the City’s shorelines; and 3. To ensure, at minimum, no net loss of shoreline ecological functions and processes and to plan for restoring shorelines that have been impaired or degraded by adopting and fostering the following policy contained in RCW 90.58.020, Legislative Findings for shorelines of the state: "It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner, which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the State and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto... In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the State shall be preserved to the greatest extent feasible consistent with the overall best interest of the State and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to City of Ridgefield Shoreline Master Program 1-2 Effective December 17, 2012 or dependent upon use of the State's shoreline. 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, 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. Permitted uses in the shorelines of the State shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water." 1.4 Governing Principles 1. The goals, policies, and regulations of this Program are intended to be consistent with the State shoreline guidelines in Chapter 173-26 of the WAC. The goals, policies and regulations are informed by the Governing Principles in WAC 173- 26-186, and the policy statements of RCW 90.58.020. 2. Any inconsistencies between this Program and the Act must be resolved in accordance with the Act. 3. Regulatory or administrative actions contained herein must not unconstitutionally infringe on private property rights or result in an unconstitutional taking of private property. 4. The regulatory provisions of this Program are limited to shorelines of the state, whereas the planning functions of this Program extend beyond the designated shoreline boundaries, given that activities outside the shoreline jurisdiction may affect shorelines of the state. 5. The policies and regulations established by this Program must be integrated and coordinated with those policies and rules of the City Comprehensive Plan and development regulations adopted under the Growth Management Act (RCW 36.70A) and RCW 34.05.328, Significant Legislative Rules. 6. Protecting the shoreline environment is an essential statewide policy goal, consistent with other policy goals. This Program protects shoreline ecosystems from such impairments in the following ways: a. By using a process that identifies, inventories, and ensures meaningful understanding of current and potential ecological functions provided by shorelines; City of Ridgefield Shoreline Master Program Effective December 17, 2012 1-3 b. By including policies and regulations that require mitigation of adverse impacts in a manner that ensures no net loss of shoreline ecological functions. The required mitigation shall include avoidance, minimization, and compensation of impacts in accordance with the policies and regulations for mitigation sequencing in WAC 173-26-201(2)(e)(i), Comprehensive Process to Prepare or Amend Shoreline Master Programs. c. By including policies and regulations to address cumulative impacts, including ensuring that the cumulative effect of exempt development will not cause a net loss of shoreline ecological functions, and by fairly allocating the burden of addressing such impacts among development opportunities. d. By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such functions have been identified. 1.5 Liberal Construction As provided for in RCW 90.58.900, Liberal Construction, the Act is exempted from the rule of strict construction; the Act and this Program shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this Program were enacted and adopted. 1.6 Severability Should any section, subsection, paragraph, sentence, clause or phrase of this Program or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Ridgefield hereby declares that it would have adopted this ordinance and each section, subsection sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. 1.7 Relationship to Other Plans and Regulations 1. Applicants for shoreline use/development shall comply with all applicable laws prior to commencing any shoreline use, development, or activity. 2. Where this Program makes reference to any RCW, WAC, or other state, or federal law or regulation the most recent amendment or current edition shall apply. 3. Uses, developments and activities regulated by this Program may also be subject to the provisions of the City Comprehensive Plan, the Washington State Environmental Policy Act ("SEPA," Chapter 43.21C RCW and Chapter 197-11 WAC), other provisions of the City Code, including Title 18 Development Code and various other provisions of local, state and federal law, as may be amended. City of Ridgefield Shoreline Master Program 1-4 Effective December 17, 2012 4. In the event this Program conflicts with other applicable City policies or regulations, they must be interpreted and construed so that all the language used is given effect, with no portion rendered meaningless or superfluous, and unless otherwise stated, the provisions that provide the most protection to shoreline ecological processes and functions shall prevail. 5. Projects in the shoreline jurisdiction that have been previously approved through local and state reviews are considered accepted. Major changes or new phases of projects that were not included in the originally approved plan will be subject to the policies and regulations of this Program. 6. Environmental remediation actions are authorized through consent decrees, orders, or agreed orders issued pursuant to RCW 70.105D. The authorizing document(s) must include terms and conditions to ensure compliance with the substantive requirements of the Act and this Program (RCW 90.58.355), but are not required to obtain an SSDP, SCUP, or SVAR. After remediation, generally a covenant that runs with the land in perpetuity is recorded. The covenant regulates construction techniques, plantings, and other elements of site use and development necessary to protect the integrity of the remediation. Any development or redevelopment on a remediated site must occur consistent with any covenants as well as the substantive and procedural requirements of the Act and this Program. (See Sections 2.3.2(19), 5.1(10), and 6.1(3).) 1.8 The Shoreline Master Program This Shoreline Master Program is a comprehensive use plan for the City of Ridgefield, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020. This entire document (Chapters 1 – 8) and the Official Shoreline Map (electronic) are adopted as the City of Ridgefield’s Shoreline Master Program. As provided in RCW 36.70A.480, the goals and policies of a shoreline master program (Chapter 3 and the policies in Chapter 4 of this Program) approved under chapter RCW 90.58 shall be considered an element of the City’s comprehensive plan. All other portions of the shoreline master program adopted under RCW 90.58 RCW, including use regulations (Chapters 1, 2, 4 (other than the policies), 5, 5A, 6, 7, 8 and the Official Shoreline Map), shall be considered a part of the City’s development regulations. The Inventory & Characterization Report; Shoreline Management Strategy; Shoreline Designation Rationale; Restoration Plan; Cumulative Impacts Analysis; No Net Loss Report; and Public Participation Plan are supporting documents and not adopted as part of the City’s Shoreline Master Program or comprehensive plan. The Inventory and Characterization Report establishes the baseline against which the standard “no net loss of shoreline ecological functions” is measured. The Restoration Plan identifies and prioritizes shoreline restoration opportunities that may be undertaken City of Ridgefield Shoreline Master Program Effective December 17, 2012 1-5 independently or in conjunction with mitigation for development impacts to improve shoreline ecological functions over time. 1.9 Effective Date This Program and all amendments thereto shall take effect fourteen days from the date of the Department of Ecology’s (Ecology’s) written notice of final action (RCW 90.58.090(7)), and shall apply to new applications submitted on or after that date and to applications that have not been determined to be fully complete by that date. This Page Intentionally Left Blank City of Ridgefield Shoreline Master Program Effective December 17, 2012 2-1 CHAPTER 2 APPLICABILITY, SHORELINE PERMITS AND EXEMPTIONS To be authorized, all uses and development activities in shorelines shall be planned and carried out in a manner consistent with this Program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a Shoreline Substantial Development Permit (SSDP), Shoreline Statement of Exemption (SSOE), Shoreline Variance (SVAR), or Shoreline Conditional Use (SCUP) is required. 2.1 Applicability 1. This Program shall apply to all of the shorelands and waters within the City limits that fall under the jurisdiction of RCW 90.58 as follows: a. Such shorelands shall include those lands extending two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark (OHWM); floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters that are subject to the provisions of this Program, as may be amended; the same to be designated as to location by Ecology, as defined by RCW 90.58. b. In addition to lands identified in Section 2.1(1)(a), shorelands shall include land necessary for buffers for critical areas that occur within shorelines of the state. c. Such waters include: i. Lake River within the city limits of Ridgefield to the center of the river north of the southern boundary of Parcel #67441000 and extending the full width of the river south of that line; ii. Gee Creek from its confluence with an unnamed creek (commonly referred to as T Creek, Sec.19, T4N, R1E) just south of Pioneer Street downstream to the Ridgefield City limits. d. In accordance with RCW 35.21.160, where the City is bounded by a river, lake, or other navigable water, the City’s shoreline jurisdiction extends to the middle of that river, lake, or navigable water. However, the City of Ridgefield’s shoreline jurisdiction extends the full width of Lake River beginning at the southern boundary of Parcel #67441000 and continuing to the Ridgefield’s southern city limit. e. The City is pre-designating shorelines within its adopted Urban Growth Area (UGA). Until annexation, development in these areas will continue to be regulated by the Clark County Shoreline Master Program (SMP). The City’s City of Ridgefield Shoreline Master Program 2-2 Effective December 17, 2012 SMP will apply upon annexation and no additional procedures will be required by Ecology at the time of annexation (WAC 173-26-150) unless a re- designation is occurring per Section 4.4.5 and Table 4-1. A portion of the City’s urban growth boundary extends into the Ridgefield National Wildlife Refuge. Per WAC 173-27-060 federal agency actions on federal lands are not subject to the regulation under the Act and this Program. f. An unofficial copy (see Section 4.4.2) of the Shoreline Map for the City and its UGA is shown in Appendix A. 2. Maps indicating the extent of shoreline jurisdiction and shoreline designations are guidance only. They are to be used in conjunction with best available science, field investigations and on-site surveys to accurately establish the location and extent of shoreline jurisdiction when a project is proposed. All areas meeting the definition of a shoreline of the state or a shoreline of statewide significance, whether mapped or not are subject to the provisions of this Program. 3. This Program shall apply to every person, individual, firm, partnership, association, organization, corporation, local or state governmental agency, public or municipal corporation, or other non-federal entity that develops, owns, leases, or administers lands, wetlands, or waters that fall under the jurisdiction of the Act; and within the external boundaries of federally owned lands (including but not limited to, private in-holdings in national wildlife refuges). 4. Non-federal agency actions undertaken on federal lands must comply with this Program and the Act. 5. Shoreline development occurring in or over navigable waters may require a shoreline permit in addition to other approvals required from state and federal agencies. 6. This Program shall apply whether the proposed development or activity is exempt from a shoreline permit or not. 2.1.1 Developments not subject to the Shoreline Management Act 1. Native American Tribes’ actions on tribal lands and federal agencies’ actions on federal lands are not required, but are encouraged, to comply with the provisions of this Program and the Act. Nothing in this Program shall affect any rights established by treaty to which the United States is a party. 2. Environmental excellence program agreements entered into under RCW 43.21K (RCW 90.58.045). 2.2 Shoreline Substantial Development Permit Required 1. Substantial development as defined by this program and RCW 90.58.030 shall not be undertaken by any person on the shorelines of the state without first obtaining City of Ridgefield Shoreline Master Program Effective December 17, 2012 2-3 a Shoreline Substantial Development Permit from the Shoreline Administrator, unless the use or development is specifically identified as exempt from a Shoreline Substantial Development Permit, in which case a Statement of Exemption is required. 2. The Shoreline Administrator may grant a Shoreline Substantial Development Permit only when the development proposed is consistent with the policies and procedures of RCW 90.58, the provisions of WAC 173-27, and this Program. 2.3 Exemptions from a Shoreline Substantial Development Permit 2.3.1 General Requirements 1. Except as specifically exempted by statute (Section 2.1.1), all proposed uses and development occurring within shoreline jurisdiction must conform to the Act and this Program. 2. Uses and developments that are not considered substantial developments pursuant to RCW 90.58.030(3)(e), WAC 173-27-040, and Section 2.3.2 of this Program shall not require a Shoreline Substantial Development Permit but shall conform to the policies and regulations of this Program and the Act and shall obtain a Statement of Exemption (Sections 2.3.3 and 7.2.7). 3. A use or development that is listed as a conditional use pursuant to this Program or is an unclassified use or development must obtain a Shoreline Conditional Use Permit (Section 2.7 and 7.2.9) even if the development or use does not require a Shoreline Substantial Development Permit. 4. When a development or use is proposed that does not meet the bulk, dimensional, and/or performance standards of this Program, such development or use shall only be authorized by approval of a Shoreline Variance (Section 2.6 and 7.2.10) even if the development or use does not require a Shoreline Substantial Development Permit. 5. If a Shoreline Substantial Development Permit is required for any part of a proposed development, then a Shoreline Substantial Development Permit is required for the entire proposed development project. 6. Exemptions from the requirement to obtain a Shoreline Substantial Development Permit shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemptions from the Shoreline Substantial Development Permit process. 7. The burden of proof that a development or use is exempt from the requirement to obtain a Shoreline Substantial Development Permit is on the applicant for the development action. City of Ridgefield Shoreline Master Program 2-4 Effective December 17, 2012 2.3.2 List of Exemptions The following activities shall be considered exempt from the requirement to obtain a Shoreline Substantial Development Permit but shall obtain a Statement of Exemption, as provided for in Section 2.3.3. 1. Any development of which the total cost or fair market value does not exceed six thousand, four hundred, sixteen dollars ($6,416.00) or as adjusted by the State Office of Financial Management, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed, or found labor, equipment or materials. 2. Normal maintenance or repair of existing legally-established 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, including but not limited to its size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location, and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. 3. Construction of a normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the City of Ridgefield Shoreline Master Program Effective December 17, 2012 2-5 above requirements and when the project has been approved by the State Department of Fish and Wildlife. 4. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment that requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Shoreline Administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit that would have been required, absent an emergency, pursuant to chapter 90.58 RCW, these regulations, or this Program, shall be obtained. All emergency construction shall be consistent with the policies and requirements of this chapter 90.58 RCW and this Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 5. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. 6. Construction or modification of navigational aids such as channel markers and anchor buoys. 7. Construction on shorelands by an owner, lessee, or contract purchaser of a single- family residence or appurtenance for their own use or for the use of their family, which residence does not exceed a height of thirty-five (35) feet above average grade level, and which meets all requirements of the City, other than requirements imposed pursuant to chapter 90.58 RCW. Construction authorized under this exemption shall be located landward of the ordinary high water mark. (Note: this exemption does not apply to floating homes, single-family homes constructed waterward of the OHWM in the Aquatic shoreline designation. See definition of floating homes in Chapter 8.) 8. Construction of a dock, including a community dock, designed for pleasure craft only, for the private non-commercial use of the owner, lessee, or contract purchaser of a single-family or multiple-family residence. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies in fresh waters when the fair market value of the dock does not exceed ten thousand dollars ($10,000.00), but if subsequent construction having a fair market value exceeding two thousand City of Ridgefield Shoreline Master Program 2-6 Effective December 17, 2012 five hundred dollars ($2,500.00) occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 9. 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. 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. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, that were created, developed or utilized primarily as a part of an agricultural drainage or diking system. 12. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: a. The activity does not interfere with the normal public use of surface waters; b. 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. 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 conditions existing before the activity; and d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to assure that the site is restored to pre- existing conditions. 13. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control published by the Departments of Agriculture or Ecology jointly with other state agencies under RCW 43.21C. 14. Watershed restoration projects as defined in RCW 89.08.460. 15. A Shoreline Substantial Development Permit is not required on land within urban growth areas as defined in RCW 36.70A.030 that is brought under shoreline jurisdiction due to a shoreline restoration project creating a landward shift in the ordinary high water mark (RCW 90.58.580(3)). City of Ridgefield Shoreline Master Program Effective December 17, 2012 2-7 16. Other than conversions to non-forest land use, forest practices regulated under RCW 76.09 are not subject to additional regulations under the Act or this Program (90.58.030(2)(d)(ii)). 17. The holder of a certification from the governor pursuant to chapter 80.50 RCW (certification from the State Energy Facility Site Evaluation Council) shall not be required to obtain a permit under this Program (90.58.140(9)). 18. A public or private project that is designed to improve fish or wildlife habitat or fish passage when all of the following apply: a. The project has been approved by WDFW; b. The project has received hydraulic project approval (HPA) by WDFW pursuant to RCW 77.55; and c. The City has determined that the project is substantially consistent with the local shoreline master program. The City shall make such determination in a timely manner and provide it by letter to the project applicant. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined to be consistent with this Program. 19. In accordance with RCW 90.58.355, environmental remediation actions pursuant to a consent decree, order, or agreed order issued under RCW 70.105(D) are exempt from the requirement to obtain an SSDP, SCUP, or SVAR under this Program. (See Sections 1.7(6), 5.1(10), and 6.1(3).) 2.3.3 Statements of Exemption 1. Any person claiming exemption from the Shoreline Substantial Development Permit requirements shall make an application to the Shoreline Administrator for such an exemption in the manner prescribed in Section 7.2.4. 2. The Shoreline Administrator is authorized to grant or deny requests for statements of exemption from the Shoreline Substantial Development Permit requirement for uses and developments within shorelines that are specifically listed in Section 2.3.2. 3. Statements of exemption may contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of this Program and Act. 4. A denial of an exemption shall be in writing and shall identify the reason(s) for the denial. 5. The Shoreline Administrator’s decision on a Shoreline Statement of Exemption may be appealed in accordance with the procedures in Section 7.4.2. City of Ridgefield Shoreline Master Program 2-8 Effective December 17, 2012 6. Exempt activities shall not be conducted until a Shoreline Statement of Exemption has been obtained from the Shoreline Administrator. 2.4 Prohibited Uses The following modifications and uses are prohibited in all shoreline designations and are not eligible for review as a shoreline conditional use or Shoreline Variance: 1. Uses not otherwise allowed in the underlying zoning district; 2. Parking as a primary use; 3. Discharge of potentially harmful materials, including but not limited to solid wastes, liquid wastes, and untreated effluents; 4. Solid waste, radioactive waste or hazardous material disposal sites; 5. Sewage disposal cesspools; 6. Chemical lagoons and pits; 7. Outdoor wood preservation operations; 8. Hard chrome plating operations; 9. Speculative fill; 10. Private boat launch facilities, docks, piers, and recreational floats for single- family residences; 11. Mooring buoys; and 12. Gravel and hard rock mining. 2.5 Nonconforming Uses and Development 2.5.1 Existing Uses and Development Existing uses, structures and lots legally established prior to the effective date of this Program are allowed to continue. Where lawful uses, structures and lots exist that could not be established under the terms of this Program, such uses, structures and lots are deemed nonconforming and are subject to the provisions of this section, unless specific exceptions are provided for in Sections 2.5.2, 2.5.3, or 2.5.4. 2.5.2 Nonconforming Uses 1. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to this Program and the Act. City of Ridgefield Shoreline Master Program Effective December 17, 2012 2-9 2. Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status, provided that the use does not change or intensify. 3. If a nonconforming use is converted to a conforming use, a nonconforming use may not be resumed. 4. When the operation of a nonconforming use is vacated or abandoned for a period of twelve (12) consecutive months, the nonconforming use rights shall be deemed extinguished and the future use of such property shall be in accordance with the permitted and conditional use regulations of this Program. 5. If a conforming building housing a nonconforming use is damaged by fire, flood, explosion, or other natural disaster and the damage is less than sixty percent (60%) of the replacement cost of the structure or development, such use may be resumed at the time the building is repaired; provided, such restoration shall be undertaken within twelve (12) months following said damage. 6. Normal maintenance and repair of a structure housing a nonconforming use may be permitted provided all work is consistent with the provisions of this Program. 7. Floating homes legally established prior to January 1, 2011 are considered conforming preferred uses, subject to RCW 90.58.270 and the requirements in Section 6.3.11. 2.5.3 Nonconforming Structures 1. Legally established residences and appurtenant structures located landward of the OHWM which are used for a conforming use, but do not meet the standards of this Program are considered conforming structures, subject to RCW 90.58.620 and the requirements in Section 6.3.11. 2. A nonconforming building or structure may be maintained or repaired, provided such improvements do not extend or expand the nonconformity of such building or structure and are consistent with the provisions of this Program, unless required by other law or ordinance. 3. If a nonconforming structure or development is damaged by fire, flood, explosion, or other natural disaster and the damage is less than sixty percent (60%) of the replacement cost of the structure or development, it may be restored or reconstructed to those configurations existing at the time of such damage, provided: a. The reconstructed or restored structure will not cause additional adverse effects to adjacent properties or to the shoreline environment; b. The rebuilt structure or portion of structure shall not expand the original footprint or height of the damaged structure; City of Ridgefield Shoreline Master Program 2-10 Effective December 17, 2012 c. No degree of relocation shall occur, except to increase conformity or to increase ecological function, in which case the structure shall be located in the least environmentally damaging location possible; d. The submittal of applications for permits necessary to restore the development is initiated within twelve (12) months of the damage. The Shoreline Administrator may waive this requirement in situations with extenuating circumstances; e. The reconstruction is commenced within one (1) year of the issuance of permit; f. The Shoreline Administrator may allow a one (1) year extension provided consistent and substantial progress is being made; and g. Any residential structures, including multifamily structures, may be reconstructed up to the size, placement and density that existed prior to the damage, so long as other provisions of this Program are met. 2.5.4 Nonconforming Lots Legally established, nonconforming, undeveloped lots located landward of the ordinary high water mark are buildable, provided that all new structures or additions to structures on any nonconforming lot must meet all setback, height and other construction requirements of the Program and the Act. 2.6 Shoreline Variance 1. The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this Program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this Program would impose unnecessary hardships on the applicant or thwart the policies set forth in the Act and this Program. 2. When a Shoreline Variance is requested, it will be processed in accordance with Section 7.2.7. Shoreline Variances must have approval from Ecology, which shall have final approval authority. Therefore, the City’s decision is a recommendation to Ecology (Section 7.2.2). Shoreline Variance Permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in the SMA (RCW 90.58.020). In all instances extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. 3. The Shoreline Administrator is authorized to recommend a variance from the performance standards of this Program only when all of the following criteria are met (WAC 173-27-170): City of Ridgefield Shoreline Master Program Effective December 17, 2012 2-11 a. That the strict application of the bulk, dimensional or performance standards set forth in this Program precludes, or significantly interferes with, reasonable use of the property; b. That the hardship described in (a) of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this Program, and not, for example, from deed restrictions or the applicant's own actions; c. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and this Program and will not cause adverse impacts to the shoreline environment; d. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; e. That the variance requested is the minimum necessary to afford relief; and f. That the public interest will suffer no substantial detrimental effect. 4. Shoreline Variance Permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(b), or within any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can demonstrate all of the following: a. That the strict application of the bulk, dimensional or performance standards set forth in this Program precludes all reasonable use of the property; b. That the proposal is consistent with the criteria established under subsection (3)(b) through (f) of this section; and c. That the public rights of navigation and use of the shorelines will not be adversely affected. 5. The burden of proving that a proposed Shoreline Variance meets the criteria of this program shall be on the applicant. Absence of such proof shall be grounds for denial of the application. 6. In the granting of all Shoreline Variances, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. 7. Before making a recommendation to grant a Shoreline Variance, the City shall consider issues related to the conservation of valuable natural resources, and the protection of views from nearby public roads, surrounding properties and public areas. City of Ridgefield Shoreline Master Program 2-12 Effective December 17, 2012 8. A variance from City development code requirements shall not be construed to mean a Shoreline Variance from use regulations in this Program, and vice versa. 9. Shoreline Variances may not be used to permit a use or development that is specifically prohibited in a shoreline designation. 2.7 Shoreline Conditional Use Permit 1. The purpose of the Shoreline Conditional Use Permit is to provide greater flexibility in varying the application of the use regulations of this Program in a manner that will be consistent with the policies of the Act and this Program, particularly where denial of the application would thwart the policies of the Act. 2. When a conditional use is requested, it will be processed in accordance with Section 7.2.6. Shoreline conditional uses must have approval from Ecology, which shall have final approval authority under WAC 173-27-200. Therefore, the City’s decision is a recommendation to Ecology (Section 7.2.2). 3. Shoreline Conditional Use Permits shall be authorized only when they are consistent with the following criteria: a. The proposed use is consistent with the policies of RCW 90.58.020, WAC 173-27-160 and all provisions of this Program; b. The use will not interfere with normal public use of public shorelines; c. The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and this Program; d. The proposed use will cause no significant adverse effects to the shoreline designation in which it is to be located; and e. The public interest will suffer no substantial detrimental effect; and f. Consideration has been given to cumulative impact of additional requests for like actions in the area. 4. Other uses not specifically identified in this Program are considered “unclassified uses” and may be authorized through a Shoreline Conditional Use Permit if the applicant can demonstrate that the proposed use is consistent with the purpose of the shoreline designation and compatible with existing shoreline improvements. 5. Uses specifically prohibited by this Program shall not be authorized through a Shoreline Conditional Use Permit. City of Ridgefield Shoreline Master Program Effective December 17, 2012 2-13 6. The burden of proving that a proposed shoreline conditional use meets the criteria of this Program and WAC 173-27-160 shall be on the applicant. Absence of such proof shall be grounds for denial of the application. 7. The City is authorized to impose conditions and standards to enable a proposed shoreline conditional use to satisfy the conditional use criteria. This Page Intentionally Left Blank City of Ridgefield Shoreline Master Program Effective December 17, 2012 3-1 CHAPTER 3 SHORELINE MASTER PROGRAM GOALS AND POLICIES This chapter describes overall Program goals and policies. The general regulations in Chapters 5 and 5A and the specific use regulations in Chapter 6 are the means by which these goals and policies are implemented. 3.1 General Shoreline Goals The general goals of this Program are to: 1. Use the full potential of shorelines in accordance with the opportunities presented by their relationship to the surrounding area, their natural resource values, and their unique aesthetic qualities offered by water, topography, and views; and 2. Develop a physical environment that is both ordered and diversified and which integrates water and shoreline uses while achieving a net gain of ecological function. 3.2 Shorelines of Statewide Significance There are currently no designated shorelines of statewide significance (SSWS) within the City of Ridgefield or its urban growth area. 3.3 Archaeological, Historic, and Cultural Resources 3.3.1 Goal The goal for archaeological, historic, and cultural resources is to preserve and prevent the destruction of or damage to any site having historic, cultural, scientific, or educational value. Such sites include those identified by affected Indian tribes, the Department of Archaeology and Historic Preservation, Clark County Historic Preservation Commission, and other appropriate authorities. 3.3.2 Policies 1. Identify, protect, preserve, and restore important archaeological, historic, and cultural sites located in shorelands of the state for educational, scientific, and enjoyment of the general public. 2. Where appropriate, make access to such sites available to parties of interest, provided that access to such sites be designed and managed in a manner that protects the resource. 3. Historical and cultural sites should be acquired so as to ensure their protection and preservation. City of Ridgefield Shoreline Master Program 3-2 Effective December 17, 2012 4. Encourage projects and programs that foster a greater appreciation of shoreline management, local history, maritime activities, environmental conservation, and maritime history. 5. Continue to contribute to the state and local inventory of archaeological sites enhancing knowledge of local history and understanding of human activities. 3.4 Conservation 3.4.1 Goal The goal of conservation is to protect shoreline resources, vegetation, important shoreline features, shoreline ecological functions and the processes that sustain them to the maximum extent practicable. 3.4.2 Policies 1. Shorelines that support high value habitat or high quality associated wetlands should be considered for the highest level of protection to remain in an unaltered condition. 2. Impacts to critical areas should first be avoided, and where unavoidable, minimized and mitigated to result in no net loss of watershed processes and shorelines functions. 3. Management practices for natural resources (including agriculture, timber and mining) in shoreline areas should be developed and implemented to ensure the preservation of non-renewable resources, including unique, scenic and ecologically sensitive features, wetlands, and wildlife habitat. 4. Priority should be given to proposals to create, restore or enhance habitat for priority species in terms of administrative and regulatory assistance. 5. Regulatory, non-regulatory, and incentive programs should all be used for the protection and conservation of wildlife habitat areas. Emphasize policies and standards to protect and conserve critical areas as larger blocks, corridors or interconnected areas rather than in isolated parcels. 6. Encourage the retention of existing vegetation along shorelines and where removal is unavoidable for physical or visual access to the shoreline, limit alteration such that habitat connectivity is maintained, degraded areas are restored, and the health of remaining vegetation is not compromised. City of Ridgefield Shoreline Master Program Effective December 17, 2012 3-3 3.5 Economic Development 3.5.1 Goal The goal for economic development is to create and maintain an economic environment that is balanced with the natural and human environment. 3.5.2 Policies 1. Current economic activity that is consistent with the policies of this SMP should continue to be supported. 2. Healthy economic growth is allowed and encouraged through those economic activities that will be an asset to the local economy and which will result in the least possible adverse effect on the quality of the shoreline and downstream environments. 3. New water-oriented industrial, commercial, and resource-based activities that will not harm the quality of the site’s environment, adjacent shorelands, or water quality are encouraged along the shoreline. 4. As an economic asset, the recreation industry should be encouraged along shorelines in a manner that will enhance the public enjoyment of shorelines, consistent with protection of critical areas and cultural resources. 5. Existing non-water-oriented commercial, industrial, and resource-based activities located in the shoreline jurisdiction are encouraged to protect watershed processes and shoreline ecological functions. 3.6 Flood Prevention and Flood Damage Minimization 3.6.1 Goal The goal for flood hazards is to promote public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas. 3.6.2 Policies 1. All shoreline development should be located, designed, and constructed to prevent flood damage and to the extent possible be located outside of shoreline jurisdiction. 2. Flood management works should be located, designed, constructed and maintained to protect: a. The physical integrity and other properties of the shoreline and other properties that may be damaged by alterations of the geo-hydraulic system; City of Ridgefield Shoreline Master Program 3-4 Effective December 17, 2012 b. Water quality and natural ground water movement; c. Fish, vegetation, and other life forms and their habitat vital to the aquatic food chain; and d. Recreation resources and aesthetic values such as point and channel bars, islands, and other shore features and scenery. 3. Non-structural flood hazard reduction measures are preferred to structural measures. Flood hazard reduction measures should be accomplished in a manner that ensures no net loss of shoreline ecological functions and ecosystem-wide processes. 4. Flood protection measures that result in channelization and/or reduction in shoreline ecological function should be avoided. 5. Proposals for shoreline protection should clearly demonstrate that life, property, and natural resource values within the stream system will not be endangered. 6. When evaluating alternate flood control measures, consider the removal or relocation of structures in flood-prone areas. 7. New development or new uses in shoreline jurisdiction, including the subdivision of land, should not be established when it would be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within the channel migration zone or floodway. 3.7 Public Access and Recreation 3.7.1 Goal The goal of public access and recreation is to increase the ability of the general public to enjoy the water's edge, travel on the waters of the state, and to view the water and the shoreline from adjacent locations. 3.7.2 Policies 1. Provide, protect, and enhance a public access system that is both physical and visual; utilizes both private and public lands; increases the amount and diversity of public access to the State's shorelines and adjacent areas; and is consistent with the shoreline character and functions, private rights, and public safety. 2. Increase and diversify recreational opportunities by promoting the continued public acquisition of appropriate shoreline areas for public use, and develop recreation facilities so that they are distributed throughout the community to foster convenient access. City of Ridgefield Shoreline Master Program Effective December 17, 2012 3-5 3. Locate public access and recreational facilities in a manner that encourages variety, accessibility, and connectivity in a manner that will preserve the natural characteristics and functions of the shoreline. 4. Encourage public access provisions consistent with adopted City and County trails plans. 5. Encourage public access as part of each development project by a public entity, and for all private development (except residential development of less than four parcels), unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment. 6. Discourage shoreline uses that curtail or reduce public access unless such restriction is in the interest of the environment, public health, and safety, or is necessary to a proposed beneficial use. 7. Consider private rights, public safety, and protection of shoreline ecological functions and processes when providing public access and recreational opportunities. 3.8 Restoration 3.8.1 Goal The goal of restoration is to re-establish, rehabilitate and/or otherwise improve impaired shoreline ecological functions and/or processes through voluntary and incentive-based public and private programs and actions that are consistent with the Shoreline Restoration Plan and other approved restoration plans. 3.8.2 Policies 1. Shorelines that are biologically degraded should be reclaimed and restored to the greatest extent feasible. Implementation of restoration projects identified in the Shoreline Restoration Plan that are focused on restoring degraded habitat in shoreline jurisdiction take precedence over other restoration projects. Implementation of restoration projects on shorelines of statewide significance take precedence over implementation of restoration projects on other shorelines of the state. 2. Restoration strategies should be developed and implemented such that ecosystem processes are sustainable in the long-term. 3. Restoration of shoreline ecological functions should be encouraged during redevelopment. 4. Restoration efforts should include retrofitting existing stormwater control facilities to improve water quality. City of Ridgefield Shoreline Master Program 3-6 Effective December 17, 2012 5. Restoration efforts should consider a focus on floodplain and channel migration zone reconnection where rivers are confined by levees. 6. Restoration projects should have adaptive management techniques including adjusting the project design, correcting problems (barriers to success), and implementing contingency measures. 7. Eradication of invasive species, including noxious weeds and non-native species, should be undertaken as needed. 8. Planting of vegetation that enhances shoreline ecological function should be encouraged. 9. Education programs should be developed for: a. Property owners about proper vegetation/landscape maintenance and the impacts of shore armoring and over-water structures; and b. Boaters about proper waste disposal methods, anchoring techniques, best boating practices, and the State’s invasive species inspection program pursuant to RCW 77.15.290. 10. Cooperative restoration actions involving local, state, and federal agencies, Native American tribes, non-government organizations, and landowners should be encouraged. 3.9 Shoreline Modification and Stabilization 3.9.1 Goal The goal for shoreline modification and stabilization is to avoid or minimize the need for shoreline armoring along shorelines of the state, and when it is necessary, achieve it in a way that best protects ecosystem processes, shoreline ecological functions, and downstream properties. 3.9.2 Policies 1. New developments should be located in such a manner as to not require shoreline stabilization measures. 2. When necessary, natural, non-structural shoreline stabilization measures are preferred over structural stabilization measures. Alternatives for shoreline stabilization should be based on the following hierarchy of preference: a. No action; City of Ridgefield Shoreline Master Program Effective December 17, 2012 3-7 b. Flexible stabilization works constructed of natural materials, including soft shore protection, bioengineering, beach nourishment, protective berms, or vegetative stabilization; c. Rigid works constructed of structural materials such as riprap or concrete. 3. Allow new or expanded structural shore stabilization, including bulkheads, only where it is demonstrated to be necessary to protect an existing primary structure that is in danger of loss or substantial damage, and where such structures and structural stabilization would not cause a net loss of shoreline ecological functions and processes. 4. Shoreline stabilization should be located and designed to accommodate the physical character and hydraulic energy potential of a specific shoreline reach, which may differ substantially from adjacent reaches. 5. Provisions for multiple use, restoration, and/or public shore access should be incorporated into the location, design and maintenance of shore stabilization for public or quasi-public developments whenever safely compatible with the primary purpose. Shoreline stabilization on publicly owned shorelines should not be allowed to decrease long-term public use of the shoreline. 6. Shoreline stabilization projects should be developed in a coordinated manner among affected property owners and public agencies within a reach where feasible, particularly those that cross jurisdictional boundaries, to address ecological and geo-hydraulic processes and sediment conveyance. 7. Failing, harmful, unnecessary, or ineffective shoreline stabilization structures should be removed or replaced to restore shoreline ecological functions and processes. 8. Larger works such as jetties, breakwaters, weirs, or groin systems should be permitted only for water-dependent uses and where mitigated to provide no net loss of shoreline ecological functions and processes. 9. Lower impact structures, including floating, portable or submerged breakwater structures, or several smaller discontinuous structures, are preferred over higher impact structures. 10. Encourage and facilitate levee setback (including but not limited to, pulling back an existing levee to allow for a larger floodplain area contiguous to a water body), levee removal, and other shoreline enhancement projects. 11. Materials used for construction of shoreline stabilization should be selected for durability, ease of maintenance, and compatibility with local shoreline features. 12. Development and shoreline modifications that would result in interference with the process of channel migration that may cause significant adverse impacts to City of Ridgefield Shoreline Master Program 3-8 Effective December 17, 2012 property or public improvements and/or result in a net loss of shoreline ecological functions within the rivers and streams should be limited. 3.10 Shoreline Use and Development 3.10.1 Goal The goal for shoreline use and development is to balance the preservation and development of shorelines in a manner that allows for mutually compatible uses. Resulting land use patterns will be compatible with shoreline designations and sensitive to and compatible with ecological systems and other shoreline resources. To help with this balance, shoreline and water areas with unique attributes for specific long term uses such as commercial, residential, industrial, water, wildlife, fisheries, recreational and open space shall be identified and reserved. 3.10.2 Policies 1. Uses in shorelines and water areas shall be allowed in the following priority order: a. Water-dependent uses; b. Water-related uses; and c. Water-enjoyment uses. 2. Uses, activities, and facilities should be located on shorelines in such a manner as to: a. Retain or improve the quality of shoreline ecological function; b. Respect the property rights of others; c. Ensure that proposed shoreline uses do not create risk or harm to neighboring or downstream properties; and d. Preserve and/or restore, to the maximum reasonable extent, the shoreline's natural features and functions in conjunction with any redevelopment or revitalization project. 3. The following are encouraged in shoreline areas: a. Uses that enhance their specific areas or employ innovative features for purposes consistent with this program; b. The redevelopment of any area not suitable for preservation of natural features, based on its shoreline designation, with an emphasis on public access; City of Ridgefield Shoreline Master Program Effective December 17, 2012 3-9 c. Master planning for large sites or projects; d. Shared uses and joint use facilities in shoreline developments; e. Uses that allow for or incorporate restoration of shoreline areas that are degraded as a result of past activities or events; and f. Floating homes legally established prior to January 1, 2012. 4. Uses proposed on lands adjacent to but outside of immediate shoreline jurisdiction should be consistent with the intent of this Program and should not adversely impact shoreline ecological functions. 3.11 Transportation, Utilities, and Institutional Facilities 3.11.1 Goal The goal for transportation, utilities, and institutional facilities is to provide for these facilities in shoreline areas without adverse effects on existing shoreline use and development or shoreline ecological functions and/or processes. 3.11.2 Policies 1. Locate institutional facilities, utilities and circulation systems that are not shoreline-dependent outside of the shoreline jurisdiction to the maximum extent possible to reduce interference with either natural shoreline ecological functions or other appropriate shoreline uses. 2. Provide safe, reasonable, and adequate circulation systems to shorelines where routes will have the least possible adverse effect on shoreline ecological function and existing ecological systems, while contributing to the visual enhancement of the shoreline. 3. Protect, manage, and enhance those characteristics of shoreline transportation corridors that are unique or have historic significance or aesthetic quality for the benefit and enjoyment of the public. 4. Devote roads within the shoreline jurisdiction to low volume local access routes and shoreline public access. 5. Encourage alternate modes of travel and provide multiple-use transportation corridors where compatible if shoreline transportation development is necessary. 6. Locate utility and transportation corridors to avoid creating barriers between adjacent uplands and the shoreline and to harmonize with the topography and other natural characteristics of the shoreline. City of Ridgefield Shoreline Master Program 3-10 Effective December 17, 2012 7. When new utility and transportation facilities are developed in the shoreline jurisdiction, protect, enhance, and encourage development of physical and visual shoreline public access. 8. Where feasible, relocate existing utility and transportation facilities, such as transmission lines, rail lines, or freeways that limit public shoreline access or other shoreline uses and convert such rights-of-way to new public access routes. 9. Utilities and transportation facilities should be installed and facilities designed and located in a coordinated manner that protects the shorelands and water from contamination and degradation. 3.12 Views and Aesthetics 3.12.1 Goal The goal for views and aesthetics is to assure that the public’s opportunity to enjoy the physical and aesthetic qualities of shorelines of the state, including views of the water, is protected to the greatest extent feasible. 3.12.2 Policies 1. Identify and encourage the protection of scenic vistas and areas where the shoreline has high aesthetic value. 2. Encourage development within the shoreline area that, provides visual and physical linkage to the shoreline, and enhances the waterfront. 3. Encourage development design that minimizes adverse impacts on views enjoyed by a substantial number of residences. 4. Maintaining vegetated riparian areas to protect shoreline stability and shoreline ecological functions takes precedence over vegetation clearing to preserve or create views. 3.13 Water Quality and Quantity 3.13.1 Goal The goal for water quality and quantity is to maintain or enhance shoreline ecological functions and to protect and enhance the quality and quantity of the region’s water resources to ensure there is safe, clean water for the public’s needs and enjoyment. 3.13.2 Policies 1. Encourage the location, construction, operation, and maintenance of shoreline uses, developments, and activities to be focused on maintaining or improving the quality and quantity of surface and ground water over the long term. City of Ridgefield Shoreline Master Program Effective December 17, 2012 3-11 2. Minimize, through effective education, site planning, and best management practices, the inadvertent release of chemicals, activities that cause erosion, stormwater runoff, and faulty on-site sewage systems that could contaminate or cause adverse effects on water quality. 3. Encourage the maintenance and restoration of appropriate vegetative buffers along surface waters to improve water temperature and reduce the adverse effects of erosion and runoff. This Page Intentionally Left Blank City of Ridgefield Shoreline Master Program Effective December 17, 2012 4-1 CHAPTER 4 SHORELINE DESIGNATIONS 4.1 Introduction The intent of assigning shoreline designations to specific geographies is to encourage development that will enhance the present or desired character of the shoreline. To accomplish this, segments of shoreline are given a shoreline designation based on existing development patterns, natural capabilities and limitations, and the vision of the City. The shoreline designations are intended to work in conjunction with the comprehensive plan and zoning. Management policies are an integral part of the shoreline designations and are used for determining uses and activities that can be permitted in each shoreline designation. Development regulations specify how and where permitted development can take place within each shoreline designation and govern height and setback. 4.2 Authority 1. Local governments are required under the State Shoreline Management Act of 1971 (RCW 90.58) and the Shoreline Master Program Guidelines (WAC 173-26) to develop and assign a land use categorization system known as “shoreline environment designations” for shoreline areas as a basis for effective shoreline master programs. For purposes of this Program “shoreline designation” is used in place of the term “shoreline environment designation” referred to in WAC 173-26. 2. The method for local government to account for different shoreline conditions is to assign a shoreline designation to each distinct shoreline section in its jurisdiction. The shoreline designation assignments provide the framework for implementing shoreline policies and regulatory measures for environmental protection, use provisions, and other regulatory measures specific to each shoreline designation. 4.3 Shoreline Designations The City classification system consists of shoreline designations that are consistent with and implement the Act (RCW 90.58), the Shoreline Master Program Guidelines (WAC 173-26) and the City of Ridgefield Comprehensive Plan. These designations have been assigned consistent with the corresponding criteria provided for each shoreline designation. In delineating shoreline designations, the City aims to ensure that existing shoreline ecological functions are protected with the proposed pattern and intensity of development. Such designations should be consistent with the policies for restoration of degraded shorelines. All the shoreline designations, even if they are not applied within the City limits or urban growth area are listed here to maintain consistency countywide (See Sections 4.4.5 and 6.2), and are defined in the following sections: 1. Aquatic; City of Ridgefield Shoreline Master Program 4-2 Effective December 17, 2012 2. Natural (not applied in the City of Ridgefield or its UGA); 3. Urban Conservancy; 4. Medium Intensity (not applied in the City of Ridgefield or its UGA); 5. High Intensity; 6. Rural Conservancy – Residential (rural designation not applicable in the City of Ridgefield or its UGA); and 7. Rural Conservancy – Resource Lands (rural designation not applicable in the City of Ridgefield or its UGA). 4.3.1 Aquatic Shoreline Designation 4.3.1.1 Purpose The purpose of the “Aquatic” shoreline designation is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high-water mark (OHWM). 4.3.1.2 Designation Criteria An Aquatic shoreline designation is assigned to lands and waters waterward of the ordinary high-water mark. 4.3.1.3 Areas Designated The Aquatic shoreline designation applies to areas as shown on a copy of the Official Shoreline Designation Map, City of Ridgefield, Washington (Section 4.4) and on a copy of the unofficial map in Appendix A. 4.3.1.4 Management Policies In addition to the other applicable policies and regulations of this Program the following management policies shall apply: 1. New over-water structures should be allowed only for water-dependent uses, public access, recreation, or ecological restoration. 2. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and natural hydrographic conditions. 3. Existing floating homes, legally established prior to January 2, 2011 are classified as conforming, preferred uses and as such should be allowed to be maintained, repaired, and remodeled. City of Ridgefield Shoreline Master Program Effective December 17, 2012 4-3 4. In-water uses should be allowed where impacts can be mitigated to ensure no net loss of shoreline ecological functions. Permitted in-water uses must be managed to avoid impacts to shoreline ecological functions. Unavoidable impacts must be minimized and mitigated. 5. On navigable waters or their beds, all uses and developments should be located and designed to: a. Minimize interference with surface navigation; b. Consider impacts to public views; and c. Allow for the safe, unobstructed passage of fish and wildlife, particularly species dependent on migration. 6. Multiple or shared use of over-water and water access facilities should be encouraged to reduce the impacts of shoreline development and increase effective use of water resources. 7. Structures and activities permitted should be related in size, form, design, and intensity of use to those permitted in the immediately adjacent upland area. The size of new over-water structures should be limited to the minimum necessary to support the structure's intended use. 8. Natural light should be allowed to penetrate to the extent necessary to discourage salmonid predation and to support nearshore habitat unless other illumination is required by state or federal agencies. 9. Aquaculture practices should be encouraged in those waters and beds most suitable for such use. Aquaculture should be discouraged where it would adversely affect the strength or viability of native stocks or unreasonably interfere with navigation. 10. When shoreline uses, development, activities, and modifications in the Aquatic shoreline designation require use of adjacent landward property, that landward property should be in a shoreline designation that allows that use, development, activity or modification. 4.3.2 Natural Shoreline Designation (not applied in the City of Ridgefield or its UGA) 4.3.2.1 Purpose The purpose of the “Natural” shoreline designation is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline ecological functions intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain the ecological functions and City of Ridgefield Shoreline Master Program 4-4 Effective December 17, 2012 ecosystem-wide processes. Consistent with the policies of the designation, restoration of degraded shorelines within this environment is appropriate. 4.3.2.2 Designation Criteria The following criteria should be considered in assigning a Natural shoreline designation: 1. The shoreline’s ecological functions are substantially intact and have a high opportunity for preservation and low opportunity for restoration; 2. The shoreline is generally in public or conservancy ownership or under covenant, easement, or a conservation tax program. 3. The shoreline contains little or no development, or is planned for development that would have minimal adverse impacts to ecological functions or risk to human safety; 4. There are low-intensity agricultural uses, and no active forestry or mining uses; 5. The shoreline has a high potential for low-impact or passive or public recreation and is planned for park or open space uses as part of the comprehensive plan; or 6. The shoreline is considered to represent ecosystems and geologic types that have high scientific and educational value. 4.3.2.3 Areas Designated Because the Natural shoreline designation has not been applied in the City of Ridgefield or its UGA, there are no areas designated Natural on the Official Shoreline Designation Map, City of Ridgefield, Washington (Section 4.4) or on the unofficial map in Appendix A. 4.3.2.4 Management Policies In addition to the other applicable policies and regulations of this Program the following management policies shall apply: 1. Any use that would substantially degrade the shoreline ecological functions or natural character of the shoreline area should not be allowed. 2. Scientific, historical, cultural, educational research uses, and low-impact, passive recreational uses may be allowed provided that ecological functions remain intact. 3. Vegetation should remain undisturbed except for removal of noxious vegetation and invasive species. Proposed subdivision or lot line adjustments, new development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. City of Ridgefield Shoreline Master Program Effective December 17, 2012 4-5 4. Uses that would deplete physical or biological resources or impair views to or from the shoreline over time should be prohibited. 5. Only physical alterations that serve to protect a significant or unique physical, biological or visual shoreline feature that might otherwise be degraded or destroyed; or those alterations that are the minimum necessary to support a permitted use should be allowed. 6. Only the following types of signs should be considered for location in the shorelines: interpretive, directional, navigational, regulatory, and public safety. 4.3.3 Urban Conservancy Shoreline Designation 4.3.3.1 Purpose The purpose of the “Urban Conservancy” shoreline designation is to protect and restore shoreline ecological functions of open space, floodplains, and other sensitive lands, where they exist in urban and developed settings, while allowing a variety of compatible uses. 4.3.3.2 Designation Criteria The following criteria are used to consider an Urban Conservancy shoreline designation: 1. The shoreline is located within incorporated municipalities and designated urban growth areas; 2. The shoreline has moderate to high ecological function with moderate to high opportunity for preservation and low to moderate opportunity for restoration, or low to moderate ecological function with moderate to high opportunity for restoration; 3. The shoreline has open space or critical areas that should not be more intensively developed; 4. The shoreline is not highly developed and is likely in recreational use. The shoreline has the potential for development that is compatible with ecological restoration. The shoreline is planned for a park, as open space, or for a Master Planned Resort; or 5. The shoreline has moderate to high potential for low-impact, passive or active water-oriented recreation where shoreline ecological functions can be maintained or restored. City of Ridgefield Shoreline Master Program 4-6 Effective December 17, 2012 4.3.3.3 Areas Designated The Urban Conservancy shoreline designation applies to areas as shown on a copy of the Official Shoreline Designation Map, City of Ridgefield, Washington (Section 4.4) and on a copy of the unofficial map in Appendix A. 4.3.3.4 Management Policies In addition to the other applicable policies and regulations of this Program the following management policies shall apply: 1. Uses that preserve the natural character of the area or promote preservation of open space or critical areas either directly or over the long term should be the primary allowed uses. Uses that result in restoration of shoreline ecological functions should be allowed if the use is otherwise compatible with the purpose of the Urban Conservancy shoreline designation and the setting. 2. Single family residential development shall ensure no net loss of shoreline ecological functions and preserve the existing character of the shoreline consistent with the purpose of this designation. 3. Encourage regulations that limit lot coverage, provide adequate setbacks from the shoreline, promote vegetation conservation, reduce the need for shoreline stabilization and maintain or improve water quality to ensure no net loss of shoreline ecological functions. 4. Public access and public recreation objectives should be implemented whenever feasible and when significant ecological impacts can be mitigated. 5. Thinning or removal of vegetation should be limited to that necessary to a. Remove noxious vegetation and invasive species; b. Provide physical or visual access to the shoreline; or c. Maintain or enhance an existing use consistent with critical areas protection and maintenance or enhancement of shoreline ecological functions. 6. Public access and public recreation facilities are a preferred use if they will not cause substantial ecological impacts and when restoration of ecological functions is incorporated. 7. Low intensity water-oriented commercial uses may be permitted if compatible with surrounding uses. City of Ridgefield Shoreline Master Program Effective December 17, 2012 4-7 4.3.4 Medium Intensity Shoreline Designation (not applied in the City of Ridgefield or its UGA) 4.3.4.1 Purpose The purpose of the “Medium Intensity” shoreline designation is to accommodate primarily residential development and appurtenant structures, but to also allow other types of development that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. 4.3.4.2 Designation Criteria The following criteria are used to consider a Medium Intensity shoreline: 1. The shoreline is located within incorporated municipalities and designated urban growth areas. 2. The shoreline has low to moderate ecological function with low to moderate opportunity for restoration; 3. The shoreline contains mostly residential development at urban densities and does not contain resource industries (agriculture, forestry, mining); 4. The shoreline is planned or platted for residential uses in the comprehensive plan; or 5. The shoreline has low to moderate potential for low-impact, passive or active water-oriented recreation where ecological functions can be restored. 4.3.4.3 Areas Designated Because the Medium Intensity shoreline designation has not been applied in the City of Ridgefield or its UGA, there are no areas designated Medium Intensity on the Official Shoreline Designation Map, City of Ridgefield, Washington (Section 4.4) or the unofficial map in Appendix A. 4.3.4.4 Management Policies In addition to the other applicable policies and regulations of this Program the following management policies shall apply: 1. Encourage regulations that ensure no net loss of shoreline ecological functions as a result of new development such as limiting lot coverage, providing adequate setbacks from the shoreline, promoting vegetation conservation, reducing the need for shoreline stabilization and maintaining or improving water quality to ensure no net loss of ecological functions. City of Ridgefield Shoreline Master Program 4-8 Effective December 17, 2012 2. The scale and density of new uses and development should be compatible with sustaining shoreline ecological functions and processes, and the existing residential character of the area. 3. Public access and joint use (rather than individual) of recreational facilities should be promoted. 4. Access, utilities, and public services to serve proposed development within shorelines should be constructed outside shorelines to the extent feasible, and be the minimum necessary to adequately serve existing needs and planned future development. 5. Public or private outdoor recreation facilities should be provided with proposals for subdivision development and encouraged with all shoreline development if compatible with the character of the area. Priority should be given first to water- dependent and then to water-enjoyment recreation facilities. 6. Commercial development should be limited to water-oriented uses. Non-water- oriented commercial uses should only be allowed as part of mixed-use developments where the primary use is residential and where there is a substantial public benefit with respect to the goals and policies of this Program such as providing public access or restoring degraded shorelines. 4.3.5 High Intensity Shoreline Designation 4.3.5.1 Purpose The purpose of the “High Intensity” shoreline designation is to provide for high-intensity water-oriented commercial, transportation, and industrial uses while protecting existing shoreline ecological functions and restoring ecological functions in areas that have been previously degraded. 4.3.5.2 Designation Criteria The following criteria are used to consider a High Intensity shoreline designation: 1. The shoreline is located within incorporated municipalities and designated urban growth areas; 2. The shoreline has low to moderate ecological function with low to moderate opportunity for ecological restoration or preservation; 3. The shoreline contains mostly industrial, commercial, port facility, mixed-use, or multi-family residential development at high urban densities and may contain industries that are not designated agriculture, forestry, or mineral resource lands in the comprehensive plan; City of Ridgefield Shoreline Master Program Effective December 17, 2012 4-9 4. The shoreline may be or have been identified as part of a state or federal environmental remediation program; 5. The shoreline is planned or platted for high intensity uses in the comprehensive plan; or 6. The shoreline may support public passive or active water-oriented recreation where ecological functions can be restored. 4.3.5.3 Areas Designated The High Intensity shoreline designation applies to areas as shown on a copy of the Official Shoreline Designation Map, City of Ridgefield, Washington (Section 4.4) and on a copy of the unofficial map in Appendix A. 4.3.5.4 Management Policies In addition to the other applicable policies and regulations of this Program the following management policies shall apply: 1. Encourage regulations that ensure no net loss of shoreline ecological functions as a result of new development. 2. Promote infill and redevelopment in developed shoreline areas and encourage environmental remediation and restoration of the shoreline, where applicable with the goal of achieving full utilization of designated high-intensity shorelines. 3. Encourage the transition of uses from non-water-oriented to water-oriented uses. 4. Water-oriented uses are encouraged, however new non-water oriented uses may be allowed if they do not adversely impact or displace water-oriented uses and when included in a master plan or part of a mixed-use development. 4.3.6 Rural Conservancy – Residential Shoreline Designation (rural designation not applicable in the City of Ridgefield or its UGA) 4.3.6.1 Purpose The purpose of the “Rural Conservancy – Residential” shoreline designation is to protect shoreline ecological functions, conserve existing natural resources and valuable historic and cultural areas in order to provide for sustained resource use, achieve natural floodplain processes, and provide recreational opportunities. Examples of uses that are appropriate in a Rural Conservancy - Residential shoreline designation include low- impact, passive recreation uses, water-oriented commercial development, and low- intensity residential development. City of Ridgefield Shoreline Master Program 4-10 Effective December 17, 2012 4.3.6.2 Designation Criteria The following criteria are used to consider a Rural Conservancy – Residential shoreline designation: 1. The shoreline is located outside of incorporated municipalities and designated urban growth areas; 2. The shoreline has moderate to high ecological function with moderate to high opportunity for preservation and low to moderate opportunity for restoration or low to moderate ecological function with moderate to high opportunity for restoration; 3. The shoreline is not highly developed and most development is low-density residential; 4. The shoreline is planned or platted Rural Center, Rural, or Master Planned Resort; 5. The shoreline has moderate to high potential for public, water-oriented recreation where ecological functions can be maintained or restored; or 6. The shoreline has high scientific or educational value or unique historic or cultural resources value. 4.3.6.3 Areas Designated The Rural Conservancy – Residential shoreline designation applies only to areas outside the City of Ridgefield and its UGA as shown on a copy of the Official Shoreline Designation Map, City of Ridgefield, Washington (Section 4.4) and on a copy of the unofficial map in Appendix A. 4.3.6.4 Management Policies In addition to the other applicable policies and regulations of this Program the following management policies shall apply: 1. Uses in the Rural Conservancy – Residential shoreline designation should be limited to those that sustain the shoreline area's physical and biological resources and do not substantially degrade shoreline ecological functions or the rural or natural character of the shoreline area. 2. Residential development shall ensure no net loss of shoreline ecological functions and preserve the existing character of the shoreline consistent with the purpose of this designation. 3. Encourage regulations that limit lot coverage, provide adequate setbacks from the shoreline, promote vegetation conservation, reduce the need for shoreline City of Ridgefield Shoreline Master Program Effective December 17, 2012 4-11 stabilization and maintain or improve water quality to ensure no net loss of shoreline ecological functions. 4. Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time are preferred uses, provided significant adverse impacts to the shoreline are avoided and unavoidable impacts are minimized and mitigated. 5. Water-oriented commercial uses should be allowed in rural centers and Master Planned Resorts only. 6. Developments and uses that would substantially degrade or permanently deplete the biological resources of the area should not be allowed. 4.3.7 Rural Conservancy – Resource Lands Shoreline Designation (rural designation not applicable in the City of Ridgefield or its UGA) 4.3.7.1 Purpose The purpose of the “Rural Conservancy – Resource Lands” shoreline designation is to protect shoreline ecological functions, conserve existing natural resources and valuable historic and cultural areas in order to provide for sustained resource use, achieve natural floodplain processes, and provide recreational opportunities. Examples of uses that are appropriate in a Rural Conservancy – Resource Lands shoreline designation include low- impact outdoor recreation uses, timber harvesting on a sustained-yield basis, agricultural uses, and other natural resource-based uses. 4.3.7.2 Designation Criteria The following criteria are used to consider a Rural Conservancy – Resource Lands shoreline designation: 1. The shoreline is located outside of incorporated municipalities and designated urban growth areas; 2. The shoreline has moderate to high ecological function with moderate to high opportunity for preservation and low to moderate opportunity for restoration or low to moderate ecological function with moderate to high opportunity for restoration; 3. The shoreline is not highly developed, but consists primarily of resource operations (agriculture, forestry, mining) and recreation, but may contain Master Planned Resorts; 4. The shoreline is planned or platted Rural Industrial, Forest, Agriculture, Agri- Wildlife, or has a surface mining overlay; City of Ridgefield Shoreline Master Program 4-12 Effective December 17, 2012 5. The shoreline has a moderate to high potential for low-intensity, passive water- oriented recreation where resource industry-related safety concerns are minimal or mitigated and ecological functions can be maintained or restored; or 6. The shoreline has moderate to high scientific or educational value or unique historic or cultural resources value. 4.3.7.3 Areas Designated The Rural Conservancy – Resource Lands shoreline designation applies only to areas outside the City of Ridgefield and its UGA as shown on a copy of the Official Shoreline Designation Map, City of Ridgefield, Washington (Section 4.4) and on a copy of the unofficial map in Appendix A. 4.3.7.4 Management Policies In addition to the other applicable policies and regulations of this Program the following management policies shall apply: 1. Agriculture, commercial forestry, and mining should be allowed in Rural Conservancy – Resource Lands provided they are allowed in the underlying zoning designation, and adverse impacts to the shoreline are avoided and unavoidable impacts are minimized and mitigated. 2. Encourage regulations that ensure new shoreline uses, development, and activities to sustain the shoreline area's physical and biological resources, do not substantially degrade shoreline ecological functions or the rural or natural character of the shoreline area, and achieve no net loss of shoreline ecological functions. 3. Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time are preferred uses, provided adverse impacts to the shoreline are avoided and unavoidable impacts are minimized and mitigated. 4. Allow open space and recreational uses consistent with protection of shoreline ecological functions and personal safety considerations. 5. Only water-oriented commercial uses that support permitted uses should be allowed. 6. Residential development shall ensure no net loss of shoreline ecological functions and preserve the existing character of the shoreline consistent with the purpose of this designation. City of Ridgefield Shoreline Master Program Effective December 17, 2012 4-13 4.4 Official Shoreline Map 4.4.1 Map Established 1. The location and extent of areas under the jurisdiction of this Program, and the boundaries of various shoreline designations affecting the lands and waters of the City shall be as shown on the map entitled, “Official Shoreline Designation Map, City of Ridgefield, Washington.” All the notations, references, amendments, and other information shown on the “Official Shoreline Designation Map” are hereby made a part of this Program, as if such information set forth on the map were fully described herein. 2. In the event that new shoreline areas are discovered (including but not limited to, associated wetlands) that are not mapped and/or designated on the Official Shoreline Designation Map, these areas are automatically assigned an Urban Conservancy designation for lands within City limits and urban growth areas, or Rural Conservancy – Residential if on lands outside urban growth areas until the shoreline can be re-designated through a Program amendment. 3. In the event of a mapping error, the City will rely upon common boundary descriptions and the criteria contained in RCW 90.58.030(2) and WAC 173-22 pertaining to determinations of shorelands, as amended, rather than the incorrect or outdated map. 4.4.2 File Copies The Official Shoreline Designation Map is in electronic format and shall be kept on file in the office of the City Clerk, on the City website (www.ci.ridgefield.wa.us), and at Ecology. Unofficial copies of the Map may be prepared for administrative purposes. To facilitate use of this Program an “unofficial copy” of the Map has been attached in Appendix A. 4.4.3 Map Amendments The Official Shoreline Designation Map is an integral part of this Program and may not be amended except upon approval by the City and Ecology, as provided under the Act. 4.4.4 Boundary Interpretation If disagreement develops as to the exact location of a shoreline designation boundary line shown on the Official Shoreline Designation Map, the following rules shall apply: 1. Boundaries indicated as approximately following lot, tract, or section lines shall be so construed; 2. Boundaries indicated as approximately following roads or railways shall be respectively construed to follow their centerlines; City of Ridgefield Shoreline Master Program 4-14 Effective December 17, 2012 3. Boundaries indicated as approximately parallel to or extensions of features indicated in (1) or (2) above shall be so construed; 4. Whenever existing physical features are inconsistent with boundaries on the Official Shoreline Map, the Shoreline Administrator shall interpret the boundaries with deference to actual conditions. Appeals of such interpretation may be filed according to the applicable appeal procedures described in Chapter 7, Administration and Enforcement. 4.4.5 Shoreline Designation Changes and Urban Growth Boundary Revisions When a portion of shoreline jurisdiction is brought into or removed from an urban growth area, a new shoreline designation may need to be assigned. Shoreline designations shall be assigned in accordance with Table 4-1, Shoreline Designations for Urban/Rural Boundary Revisions. Where more than one designation could be appropriate according to Table 4-1, the shoreline designation criteria in this chapter shall be applied and the best- fitting shoreline designation assigned. Shoreline designation assignments shall occur concurrently with the annexation or other legislative action to remove a portion of shoreline jurisdiction from a City or urban growth area and to amend the Official Shoreline Designation Map and shall be effective upon approval by Ecology (see Section 4.4.3). Table 4-1. Shoreline Designations for Urban1/Rural2 Boundary Revisions SENDING Jurisdiction Shoreline Designation Transfer From/To RECEIVING Jurisdiction Shoreline Designation(s) Aquatic Rural/Urban Urban/Rural Aquatic Aquatic Natural Rural/Urban Urban/Rural Natural Natural Rural Conservancy – Residential Rural/Urban Urban Conservancy Medium Intensity Rural Conservancy – Resource Lands Rural/Urban Urban Conservancy Medium Intensity High Intensity Urban Conservancy Urban/Rural Rural Conservancy – Residential Rural Conservancy – Resource Lands Medium Intensity Urban/Rural Rural Conservancy – Residential High Intensity Urban/Rural Rural Conservancy – Resource Lands 1Urban = City or Urban Growth Area 2Rural = Unincorporated Clark County outside Urban Growth Areas City of Ridgefield Shoreline Master Program Effective December 17, 2012 5-1 CHAPTER 5 GENERAL SHORELINE USE AND DEVELOPMENT REGULATIONS All uses and development activities in shoreline jurisdiction shall be subject to the following general regulations and those in Chapter 5A in addition to the applicable use- specific regulations in Chapter 6. 5.1 General Shoreline Use and Development Regulations 1. Shoreline uses and developments that are water-dependent shall be given priority. 2. The applicant shall demonstrate all reasonable efforts have been taken to avoid and where unavoidable, minimize and mitigate impacts such that no net loss of critical area and shoreline ecological function is achieved. Mitigation shall occur in the following order of priority: a. Avoiding the impact altogether by not taking a certain action or parts of an action. This may necessitate a redesign of the proposal. b. Minimizing unavoidable 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. The applicant shall seek to minimize fragmentation of the resource to the greatest extent possible. 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. The compensatory mitigation shall be designed to achieve the functions as soon as practicable. f. Monitoring the impact and the compensation projects and taking appropriate corrective measures. 3. In addition to compensatory mitigation, unavoidable adverse impacts may be further addressed through voluntary restoration efforts. 4. Shoreline uses and developments shall not cause impacts that require remedial action or loss of shoreline ecological functions on other properties. 5. Shoreline uses and developments shall be located and designed in a manner such that shoreline stabilization is not necessary at the time of development and will not be necessary in the future for the subject property or other nearby shoreline properties unless it can be demonstrated that stabilization is the only alternative City of Ridgefield Shoreline Master Program 5-2 Effective December 17, 2012 that allows a reasonable and appropriate water-dependent use to become established or expand or protects public safety and existing primary structures. 6. Land shall not be cleared, graded, filled, excavated or otherwise altered prior to issuance of the necessary permits and approvals including a Shoreline Statement of Exemption for a proposed shoreline use or development to determine if environmental impacts have been avoided, minimized and mitigated to result in no net loss of ecological functions. 7. Non-water-oriented uses shall not adversely impact or displace water-oriented shoreline uses. 8. Single family residential uses shall be allowed on all shorelands not subject to a preference for commercial or industrial water-dependent uses, and shall be located, designed and used in accordance with applicable policies and regulations of this Program. However, single family residences are prohibited in the Natural shoreline designation, and new floating homes are prohibited in the Aquatic shoreline designation. 9. On navigable waters or their beds, all uses and developments should be located and designed to: a. Minimize interference with surface navigation; b. Consider impacts to public views; and c. Allow for the safe, unobstructed passage of fish and wildlife, particularly species dependent on migration. 10. Hazardous materials shall be disposed of and other steps be taken to protect the ecological integrity of the shoreline area in accordance with the other policies and regulations of this Program as amended and all other applicable federal, state, and local statutes, codes, and ordinances. Environmental remediation actions pursuant to a consent decree, order, or agreed order issued under RCW 70.105(D) are exempt from the requirement to obtain an SSDP, SCUP, or SVAR under this Program but must comply with the substantive requirements of the Act and this Program. Any development or redevelopment on a remediated site must occur consistent with any covenants running with the land, the Act and this Program. (See Sections 1.7(6), 2.3.2(19), and 6.1(3).) 11. In-water work shall be scheduled to protect biological productivity (including but not limited to fish runs, spawning, and benthic productivity). In-water work shall not occur in areas used for commercial fishing during a fishing season unless specifically addressed and mitigated for in the permit. 12. The effect of proposed in-stream structures on bank margin habitat, channel migration, and floodplain processes should be evaluated during permit review. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5-3 13. Previous approvals of master plans for projects in shoreline jurisdiction should be accepted. New phases of projects for which no master plan has yet been approved, or for which major changes are being proposed, or new projects for which master plans are being submitted shall be subject to the policies and regulations of this Program. 14. Within urban growth areas (RCW 36.70A.110), the Department of Ecology may grant relief from use and development regulations of this program when: a. A shoreline restoration project causes or would cause a landward shift in the OHWM creating a hardship meeting specific criteria in RCW 90.58.580; b. The proposed relief meets specific criteria in RCW 90.58.580; and c. The application for relief is submitted to Ecology in writing requesting approval or disapproval as part of a normal review of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance. If the proposal is not connected to a shoreline permit review, the City may provide a copy of a complete application to Ecology along with the applicant’s request for relief. 5.2 Archeological, Cultural and Historic Resources 1. When a shoreline use or development is in an area known or likely to contain archaeological artifacts and data based on Clark County’s predictive model, the applicant shall provide for a site inspection and evaluation by a professional archaeologist prior to issuance or as a condition of any shoreline permit or approval including a Shoreline Statement of Exemption as determined by the City. Work may not begin until the inspection and evaluation have been completed and the City has issued its permit or approval. 2. If any item of possible archaeological interest (including human skeletal remains) is discovered on site, all work shall immediately stop, and the City, State Department of Archaeology and Historic Preservation (DAHP), and affected Native American Tribes shall be notified of the discovery. A stop-work order will be issued. The shoreline permit will be temporarily suspended. All applicable state and federal permits shall be secured prior to commencement of the activities they regulate and as a condition for resumption of development activities. Development activities may resume only upon receipt of City approval. 3. If the discovery includes human skeletal remains, the find must be secured and protected from further disturbance; the Clark County Medical Examiner and local law enforcement shall be notified in the most expeditious manner possible. The County Medical Examiner will assume jurisdiction over the site and the human skeletal remains, and will make a determination of whether they are crime-related. If they are not, DAHP will take jurisdiction over the remains and report them to the appropriate parties. The State Physical Anthropologist will make a determination of whether the remains are Native American and report that finding City of Ridgefield Shoreline Master Program 5-4 Effective December 17, 2012 to the affected parties. DAHP will handle all consultation with the affected parties as to the preservation, excavation, and disposition of the remains. 5.3 Critical Areas Protection 5.3.1 General Provisions 1. In addition to the provisions of this section, critical areas (fish and wildlife habitat conservation areas, frequently flooded areas, geologic hazard areas, critical aquifer recharge areas, and wetlands) located within shoreline jurisdiction and their buffers are regulated and protected by Chapter 5A, RMC 18.280, Critical Areas Protection and RMC 18.750, Flood Control as modified for consistency with the Act and this Program. 2. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered or land divided without full compliance with this Program whether or not a shoreline permit or written Shoreline Statement of Exemption is required. 3. Any allowed use, development, or activity affecting a critical area proposed on a parcel located in the shoreline jurisdiction, whether or not exempt from obtaining a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance, shall be regulated under the provisions of this Program. 4. Shoreline uses and developments and their associated structures and equipment shall be located, designed and operated using best management practices to protect critical areas. 5.4 Public Access 1. Provisions for adequate public access shall be incorporated into all shoreline development proposals that involve public funding unless the applicant demonstrates public access is not feasible due to one or more of the provisions of Section 5.4.2 (a-e). Where feasible, such projects shall incorporate ecological restoration. 2. Consistent with constitutional limitations, provisions for adequate public access shall be incorporated into all land divisions and other shoreline development proposals (except residential development of less than five (5) parcels), unless this requirement is clearly inappropriate to the total proposal. Public access will not be required where the applicant demonstrates one or more of the following: a. Unavoidable health or safety hazards to the public exist that cannot be prevented by any practical means; b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; City of Ridgefield Shoreline Master Program Effective December 17, 2012 5-5 c. The cost of providing the access, easement, alternative amenity, or mitigating the impacts of public access are unreasonably disproportionate to the total proposed development; d. Significant environmental impacts that cannot be mitigated will result from the public access; or e. Significant undue and unavoidable conflict between public access requirements and the proposed use and/or adjacent uses would occur, provided that the applicant has first demonstrated and the City determines that all reasonable alternatives have been evaluated and found infeasible, including but not limited to: i. Regulating access by such means as maintaining a gate and/or limiting hours of use; ii. Designing separation of uses and activities (including but not limited to, fences, terracing, use of one-way glazings, hedges, landscaping); and iii. Provisions for access at a site geographically separated from the proposal such as a street end, vista or trail system. 3. Public access sites shall be connected to barrier free route of travel and shall include facilities based on criteria within the within the Americans with Disabilities Act Accessibility guidelines. 4. Public access shall include provisions for protecting adjacent properties from trespass and other possible adverse impacts to neighboring properties. 5. Signs indicating the public’s right of access to shoreline areas shall be installed and maintained in conspicuous locations. 6. Required public access shall be fully developed and available for public use at the time of occupancy of the use or activity. 7. Public access shall consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat launching ramp, dock or pier area, or other area serving as a means of view and/or physical approach to public waters and may include interpretive centers and displays. 8. 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 contemporaneous with the authorized land use, as a minimum. Said recording with the County Auditor's Office shall occur at the time of permit approval. 9. Future actions by the applicant, successors in interest, or other parties shall not diminish the usefulness or value of the public access provided. City of Ridgefield Shoreline Master Program 5-6 Effective December 17, 2012 10. Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or non-profit agency through a formal agreement approved by the Shoreline Administrator and recorded with the County Auditor's Office. 5.5 Restoration 1. Restoration of shoreline ecological functions and processes shall be encouraged and allowed on all shorelines and shall be located, designed and implemented in accordance with applicable policies and regulations of this Program and consistent with other City programs (see Section 6.4.4). Implementation of restoration projects on shorelines of statewide significance take precedence over implementation of restoration projects on other shorelines of the state. 2. Impacts to shoreline ecological functions shall be fully mitigated. Such mitigation may include elements from the Shoreline Restoration Plan, where appropriate. 3. Elements of the Shoreline Restoration Plan may also be implemented in any shoreline designation to improve shoreline ecological function. 4. Implementation of restoration projects identified in the Shoreline Restoration Plan that are focused on restoring degraded habitat in shoreline jurisdiction take precedence over other restoration projects. 5. Restoration efforts shall be developed by a qualified professional, shall be based on federal, state, and local guidance and shall consider the following: a. Riparian soil conditions; b. In-stream fish habitats; and c. Healthy aquatic and terrestrial food webs. 5.6 Site Planning and Development 5.6.1 General 1. Land disturbing activities such as grading and cut/fill shall be conducted in such a way as to minimize impacts to soils and native vegetation and shall comply with RMC 18.755, Erosion Control and RMC 13.30, Stormwater Utility. 2. Development shall be designed and land disturbing activities conducted to avoid impacts to healthy trees such that they are likely to become hazard trees. 3. Impervious surfaces shall be minimized to the extent feasible so as not to jeopardize public safety. Impervious surfacing for parking lot/space areas, trails, City of Ridgefield Shoreline Master Program Effective December 17, 2012 5-7 and pathways shall be minimized through the use of alternative surfaces where feasible. 4. When feasible, existing transportation corridors shall be utilized. Ingress/egress points shall be designed to minimize potential conflicts with and impacts upon vehicular and pedestrian traffic. Pedestrians shall be provided with safe and convenient circulation facilities. 5. Vehicle and pedestrian circulation systems shall be designed to minimize clearing, grading, alteration of topography and natural features, and designed to accommodate wildlife movement. 6. Parking, storage, and non-water dependent accessory and appurtenant structures and areas shall be located landward from the OHWM and landward of the water- oriented portions of the principal use. 7. Trails and uses near the shoreline shall be landscaped or screened to provide visual and noise buffering between adjacent dissimilar uses or scenic areas, without blocking visual access to the water. 8. Elevated walkways shall be utilized, as appropriate, to cross sensitive areas such as wetlands. 9. Fencing, walls, hedges, and similar features shall be designed in a manner that does not significantly interfere with wildlife movement. 10. Exterior lighting shall be designed, shielded and operated to: a. Avoid illuminating nearby properties or public areas; b. Prevent glare on adjacent properties, public areas or roadways; c. Prevent land and water traffic hazards; and d. Reduce night sky effects to avoid impacts to fish and wildlife. 11. Utilities shall be located within roadway and driveway corridors and rights-of- way wherever feasible. 12. A use locating near a legally established aquaculture enterprise, including an authorized experimental project, shall demonstrate that such use would not result in damage to or destruction of the aquaculture enterprise, or compromise its monitoring or data collection. 5.6.2 Clearing, Grading, Fill and Excavation 1. Land disturbing activities such as clearing grading, fill and excavation shall be conducted in such a way as to minimize impacts to soils and native vegetation, City of Ridgefield Shoreline Master Program 5-8 Effective December 17, 2012 and shall comply with RMC 18.755, Erosion Control; 13.30, Stormwater Utility; and RMC Chapter 14.03, Construction Administrative Code. 2. Clearing, grading, fill, and excavation activities shall be scheduled to minimize adverse impacts, including but not limited to, damage to water quality and aquatic life. 3. Clearing and grading shall not result in changes to surface water drainage patterns that adversely impact adjacent properties. 4. Developments shall comply with the RMC 18.755, Erosion Control during construction and shall ensure preservation of native vegetation for bank stability. Disturbed areas shall be stabilized immediately and revegetated with native vegetation. 5. Habitat that cannot be replaced or restored within twenty (20) years shall be preserved. Peat bogs and stands of mature trees are examples of such habitat. 6. Fills shall be permitted only in conjunction with a permitted use, and shall be of the minimum size necessary to support that use. Speculative fills are prohibited. 7. Any fill activity shall comply with the fill provisions of RMC Chapter 14.03. Fill shall consist only of clean materials. 8. Soil, gravel or other substrate transported to the site for fill shall be screened and documented that it is uncontaminated. Use of any contaminated materials as fill is prohibited unless done in conjunction with or as part of an environmental remediation project authorized under RCW 70.105D. 9. Fills shall be designed and placed to allow surface water penetration into groundwater supplies where such conditions existed prior to filling unless contrary to the purposes of an environmental remediation project authorized under RCW 70.105D. 10. Fills must protect shoreline ecological functions, including channel migration processes. 11. Fill waterward of OHWM shall only be allowed as a conditional use, and then only when it is necessary: a. To support a water-dependent or public access use; b. For habitat creation or restoration projects; c. For remediation of contaminated sediments as part of an interagency environmental clean-up plan; City of Ridgefield Shoreline Master Program Effective December 17, 2012 5-9 d. For disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the Washington Department of Natural Resources; e. For expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible; f. For a mitigation action; g. For environmental restoration; or h. For a beach nourishment or enhancement project. 12. Excavation below the OHWM is considered dredging and subject to provisions under that section in Chapter 6. 13. Upon completion of construction, remaining cleared areas shall be replanted with native species on the City’s Native Plant List (RMC 18.830). Replanted areas shall be maintained such that within three (3) years' time the vegetation is fully re- established. 5.6.3 Building Design 1. Non-single family structures shall incorporate architectural features that provide compatibility with adjacent properties, enhance views of the landscape from the water, and reduce scale to the extent possible. 2. Building surfaces on or adjacent to the water shall employ materials that minimize reflected light. 3. Façade treatments, mechanical equipment and windows in structures taller than two (2) stories, shall be designed and arranged to prevent bird collisions using the best available technology. Single-family residential structures are exempt from this provision. 4. Interior and exterior structure lighting shall be designed, shielded, and operated to: a. Avoid illuminating nearby properties or public areas; b. Prevent glare on adjacent properties, public areas or roadways; c. Prevent land and water traffic hazards; and d. Reduce night sky effects to avoid impacts to fish and wildlife. 5. Accessory uses, including parking, shall be located as far landward as possible while still serving their intended purposes. City of Ridgefield Shoreline Master Program 5-10 Effective December 17, 2012 5.7 Vegetation Conservation 1. Removal of native vegetation shall be avoided. Where removal of native vegetation cannot be avoided, it shall be minimized and mitigated to result in no net loss of shoreline ecological functions. Lost functions may be replaced by enhancing other functions provided that no net loss in overall functions is demonstrated and habitat connectivity is maintained. Mitigation shall be provided consistent with an approved mitigation plan. 2. If non-native vegetation is removed, it shall be replaced with native vegetation within the shoreline jurisdiction. 3. Development shall be located to avoid clearing and grading impacts to more mature or multi-storied plant communities and to retain habitat connectivity. 4. Vegetation (such as a mature stand of trees) that cannot be replaced or restored within twenty (20) years shall be preserved. 5. Maintaining vegetated riparian areas to protect shoreline stability and shoreline ecological functions takes precedence over vegetation clearing to preserve or create views. 6. Topping trees is prohibited. 7. Pruning of trees which are not hazard trees is allowed in compliance with the National Arborist Association pruning standards, and is limited to: a. Removal of no more than twenty (20) percent of the limbs of any single tree within a given five-year (5-year) period; and b. No more than twenty (20) percent of canopy in a single stand of trees may be removed in a given five-year (5-year) period. 8. Natural features such as snags, stumps, logs or uprooted trees, which support fish and other aquatic systems, do not intrude on the navigational channel or threaten public safety, and existing structures and facilities, shall be left undisturbed. 9. Aquatic weed control shall only occur to protect native plant communities and associated habitats or where an existing water-dependent use is restricted by the presence of weeds. Aquatic weed control shall occur in compliance with all other applicable laws and standards and shall be done by a qualified professional. 10. Unless otherwise stated, the vegetation conservation regulations of this Program do not apply to: a. Commercial forest practices as defined by this Program when such activities are covered under the Washington State Forest Practices Act (RCW 76.09), City of Ridgefield Shoreline Master Program Effective December 17, 2012 5-11 except where such activities are associated with a conversion to other uses or other forest practice activities over which the City has authority; or b. Flood control levees required to be kept free of vegetation that damages their structural integrity. 5.8 Views and Aesthetics 5.8.1 Visual Access 1. Visual access shall be maintained, enhanced, and preserved as appropriate on shoreline street-ends, public utility rights-of-way above and below the ordinary high water mark, and other view corridors. 2. Development on or over the water shall be constructed to avoid interference with views from surrounding properties to the adjoining shoreline and adjoining waters to the extent practical. 3. No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five (35) feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines unless overriding considerations of the public interest will be served. The Shoreline Administrator may require a view analysis including view corridors, view profiles, and vertical profiles from various locations to determine if shoreline views will be obstructed. 4. Maintaining vegetated riparian areas to protect shoreline stability and shoreline ecological functions takes precedence over vegetation clearing to preserve or create views. 5. Clearing or pruning to preserve or create views shall be allowed as follows: a. When shoreline stability and shoreline ecological functions are maintained; and b. The applicable standards in Sections 5.6 and 5.7 are met. 5.9 Water Quality and Quantity 1. The location, design, construction, and management of all shoreline uses and activities shall protect the quality and quantity of surface and ground water adjacent to the site. 2. All shoreline development shall comply with the applicable requirements of the RMC Chapter 18.755, Erosion Control and 13.30, Stormwater Utility. 3. Best management practices (BMPs) for control of erosion and sedimentation shall be implemented for all shoreline development. City of Ridgefield Shoreline Master Program 5-12 Effective December 17, 2012 4. Potentially harmful materials, including but not limited to oil, chemicals, tires, or hazardous materials, shall not be allowed to enter any body of water or wetland, or to be discharged onto the land except in accordance with RMC 13.30, Stormwater Utility. Potentially harmful materials shall be maintained in safe and leak-proof containers. 5. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within twenty-five (25) feet of a waterbody, except by a qualified professional in accordance with state and federal laws. Further, pesticides subject to the final ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied within sixty (60) feet for ground applications or within three hundred (300) feet for aerial applications of the subject water bodies and shall be applied by a qualified professional in accordance with state and federal law. 6. Any structure or feature in the Aquatic shoreline designation shall be constructed and/or maintained with materials that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants. 7. Septic systems should be located as far landward of the shoreline and floodway as possible. Where permitted, new on-site septic systems shall be located, designed, operated, and maintained to meet all applicable water quality, utility, and health standards. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-1 CHAPTER 5A GENERAL SHORELINE USE AND DEVELOPMENT REGULATIONS CONTINUED: CRITICAL AREAS REGULATIONS All uses and development activities in shoreline jurisdiction shall be subject to the following general regulations in addition to the applicable use-specific regulations in Chapter 6. Ridgefield, Washington Development Code Chapters 18.280, Critical Areas Protection and 18.750, Flood Control As Modified for Application in Shoreline Jurisdiction Chapter 18.280 - CRITICAL AREAS PROTECTION Sections: 18.280.010 - Purposes. 18.280.020 - General provisions. 18.280.030 - Applicability and exemptions. 18.280.040 - Approval process. 18.280.050 - Submittal requirements. 18.280.060 - Approval criteria. 18.280.070 - Density transfer allowance. 18.280.080 - Minor exceptions. 18.280.090 - Reasonable use exceptions. 18.280.100 - Unauthorized critical areas alterations and enforcement. 18.280.110 - Fish and wildlife habitat conservation areas. 18.280.120 - Frequently flooded areas. 18.280.130 - Geologic hazard areas. 18.280.140 - Critical aquifer recharge areas. 18.280.150 - Wetlands. 18.280.160 - Appeal procedure. 18.280.170 - Definitions. 18.280.010 - Purposes. A. This chapter complies with the Washington State Growth Management Act (GMA) specified in RCW 36.70.A pertaining to the designation, classification and protection of ecologically sensitive and hazardous areas more specifically referred to as critical areas within the existing and future municipal limits of the City of Ridgefield. For the purposes of this chapter critical areas are identified as wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, critical aquifer recharge areas and frequently flooded areas. B. This chapter implements applicable goals and policies of the Ridgefield Comprehensive Plan by promoting the reasonable economic use of property while protecting the functions and values of critical areas within the city. C. The City of Ridgefield finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the city and its residents. The beneficial functions and City of Ridgefield Shoreline Master Program 5A-2 Effective December 17, 2012 values provided by critical areas include but are not limited to water quality protection and enhancement, fish and wildlife habitat, food chain support, food storage, conveyance and attenuation of flood waters, groundwater recharge and discharge, erosion control, protection from hazards, historical, archaeological and aesthetic value protection and recreation. These beneficial functions are not listed in order of priority. (Ord. 903 § 2(part), 2006). 18.280.020 - General provisions. A. No Net Loss of Functions. Land development and uses within the City shall result in no net loss of functions and values in the critical areas. Since values are difficult to measure no net loss of functions and values means no net loss of functions. The beneficial functions provided by critical areas include, but are not limited, to water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage; conveyance and attenuation of flood waters; ground water recharge and discharge; erosion control; and wave attenuation. These beneficial functions are not listed in order of priority. This chapter is also intended to protect residents from hazards and minimize risk of injury or property damage. B. Relationship to Other Regulations. These critical areas regulations shall apply in addition to zoning and other regulations adopted by the city. When there is a conflict between any provisions of this chapter or any other regulations, that which provides the most protection to the subject critical area shall apply. Conditions of approval of a project affecting critical areas may be supplemented by a review under the State Environmental Policy Act (SEPA), as locally adopted. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements (for example, Shoreline Substantial Development Permits, Hydraulic Project Approval (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, or National Pollution Discharge Elimination System permits). The applicant is responsible for complying with other state and federal requirements in addition to the requirements of this chapter. Obtaining all applicable state and federal permits shall be made a condition of a critical areas permit and such permits shall be obtained prior to issuance of permits for construction or site disturbance. C. Implementation of Best Available Science. The regulations of this chapter are intended to protect critical areas in accordance with the Growth Management Act (GMA) through the application of best available science as determined according to WAC 365-195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals. D. Regulatory Flexibility. This chapter is to be administered with flexibility and attention to site- specific characteristics. This chapter is not intended to make a property in the city unusable by denying its owner reasonable economic use of the property or to prevent the provision of public facilities and services necessary to support existing or planned development. When property that is identified as being within a critical area or the proposed buffers has been used by the property owner for domestic uses such as lawns, buildings and similar uses other than being left in its natural state that land shall not be considered as critical as intended by this code. These areas shall also be exempt from the critical area permitting process. E. General Public Interest Served. The city's enactment and enforcement of this Chapter shall not be construed for the benefit of any individual person or group of persons other than the general public. F. Warning and Disclaimer of Liability. The standards established herein are minimum standards. The standards are established for regulatory purposes only. Minimum compliance with these standards may not be sufficient protection from identified or unidentified hazards. City-establishment of these minimum standards is not a representation that these standards are sufficient protection from any hazard. Critical City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-3 areas development should be based on sound scientific and engineering considerations that may be more stringent than this chapter. The city assumes no liability if these established standards prove to be insufficient protection. (Ord. 903 § 2(part), 2006). 18.280.030 - Applicability and exemptions. A. Applicability. 1. All areas within the city meeting the definition of one or more critical areas, whether mapped or not, are hereby designated critical areas and with their buffers are subject to the provisions of this chapter. 2. Unless exempted tThe provisions of this chapter shall apply to all lands, all land uses, clearing and development activity, and all structures and facilities in the city located within a critical area or buffer or on a site containing a critical area or buffer. 3. The provisions of this chapter shall apply whether or not a permit or authorization is required. 4. Any individual critical area that overlaps another type of critical area shall meet the requirements that provide the most protection to the critical areas involved. 5. No person, company, agency, or applicant shall alter a critical area or buffer (including removal of downed woody vegetation from or application of chemicals harmful to fish and wildlife within twenty-five feet of wetlands, ponds, lakes, streams or rivers) except as consistent with the requirements of this chapter. 6. The critical areas permit required pursuant to this chapter shall be obtained prior to undertaking any activity regulated by this chapter, unless exempted. The Shoreline Substantial Development Permit (SSDP), Shoreline Conditional Use Permit (SCUP), Shoreline Variance (SVAR), or Shoreline Statement of Exemption (SSOE) shall incorporate the critical areas requirements of CH5A, RMC 18.280. The applicable shoreline permit or SSOE shall be obtained prior to undertaking any activity regulated by this chapter. B. Exemptions. The following activities shall be considered exempt from the permit provisions of this chapter: The applicant shall obtain a Shoreline Statement of Exemption (SSOE) prior to undertaking any of the following activities or any activities listed in SMP Section 2.3.2. The applicant must comply with the substantive requirements of this Program and any conditions of the SSOE. See Sections 2.1(6), 2.3, 7.1, and 7.2.4. 1. Development or clearing, not within a floodway or floodplain and other than tree removal, as minimally necessary to remodel an existing structuresingle family residence, provided: a. The activity will increase the footprint of structures including impervious surfaces by less than five hundred square feet from the footprint size at the time of the adoption of this chapter; and b. If the structure or impervious surface is within a critical area or buffer, the distance from the nearest structure or impervious surface to lakes, streams, rivers, wetlands or geological hazards is not decreased; and City of Ridgefield Shoreline Master Program 5A-4 Effective December 17, 2012 c. All vegetation disturbed as a result of the development shall be replaced one-to-one. Native vegetation shall be used where feasible. d. Impacts to critical areas and buffers shall be minimized and mitigated. 2. Development activity on the portions of sites with existing structures or impervious surfaces which does not increase the impervious surface area within the riparian management area or riparian buffer shall be exempt from the provisions of RMC 18.280.110 (Fish and Wildlife Habitat Conservation Areas). The applicant is encouraged to provide enhancement to the extent feasible. Such enhancement activities may include, but are not limited to, landscaping using native plants, additional treatment of stormwater as appropriate, and implementation of best management 3. Mitigation for those impacts consistent with the requirements of this Chapter. 4. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of property damage and that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of this chapter, so long as all of the following apply: a. The emergency action uses reasonable methods to address the emergency. b. The emergency action must have the minimum possible impact to the critical area or its buffer. c. The property owner, person or agency undertaking such action shall notify the City within one working day following commencement of the emergency activity. d. Within fourteen days the community development director or designee shall determine if the action taken was within the scope of the emergency actions allowed in this section. If the community development director or designee determines that the action taken, or any part of the action taken was beyond the scope of an allowed emergency action, then enforcement provisions of RMC 18.280.090 shall apply. e. After the emergency, the property owner, person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical areas report and mitigation plan. The property owner, person or agency undertaking the action shall apply for review. The alteration, critical areas report, and mitigation plan shall be reviewed by the city in accordance with the review procedures contained in this chapter. f. Restoration and/or mitigation activities must be initiated and completed within the timeframe determined by the community development director or designee. 5. Landscape maintenance (other than tree removal or use of pesticides, herbicides, fungicides or fertilizers applied into or within twenty-five feet of water bodies) consistent with accepted horticultural practices, such as those recommended by the Washington State University Extension Service, within the boundaries of an existing lawn, garden or landscaped area and not associated with development. 6. Clearing of noxious weeds using hand-held, electric or non-motorized equipment. A copy of the Clark County Weed Management Department list of noxious weeds is available from the City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-5 shoreline administrator. 7. Use of pesticides, herbicides, fungicides or fertilizers intended to control noxious weeds or invasive species applied further than twenty-five feet from any wetland, pond, lake, stream or river or in a manner specified in a valid permit. 8. State or federally approved conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of the existing critical area or buffer. 9. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops or other native vegetation and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the critical area or buffer by changing existing topography, water conditions or water sources. 10. Passive outdoor activities such as recreation, education, and scientific research activities that do not degrade the critical area or buffer, including fishing, hiking and bird watching. 11. Work necessary for land use submittals, such as surveys, soil sampling, percolation tests, and other related activities. In every case, impacts to the critical area or buffer shall be minimized and disturbed areas shall be stabilized immediately. 12. Construction or modification of navigational aids and boundary markers. Impacts to the critical area or buffer shall be minimized and disturbed areas shall be restored within seventy-two hours. 13. Existing and ongoing agricultural activities protected under the federal Food Security Act occurring in wetland areas provided that these activities use appropriate best management practices for agriculture. 14. Existing and ongoing agriculture within fish and wildlife habitat conservation areas so long as livestock and application of pesticides, herbicides, fungicides and fertilizers are kept twenty-five feet from any state classified stream body. 15. Implementation of a city, state or federally approved stand-alone restoration or enhancement project. 16. Operation, repair and maintenance of existing structures, infrastructure, roads, sidewalks, railroads, trails, dikes, or levees or water, sewer, stormwater, electric, gas, telephone, cable, or fiber optic cable facilities if the activity does not further increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, repair, or maintenance. 17. In ground shaking or liquefaction areas, repair or construction of roads, sidewalks or trails (except where there are structures), or water, sewer, stormwater, gas, electric, cable, or fiber optic cable facilities shall be exempt from the ground shaking and liquefaction permitting requirements. 18. Public improvement projects located within existing impervious surface areas. 19. Implementation of a city, state or federally approved stand-alone "critical area" creation project that is not mitigation. A "critical area" created under these circumstances that would not City of Ridgefield Shoreline Master Program 5A-6 Effective December 17, 2012 otherwise have met the definition of that type of critical area is exempt from the provisions of this chapter. 20. Emergency or hazard tree removal that presents an immediate threat to personal or real property conducted in a manner approved by the city to minimize critical areas impacts. 21. Development activities in 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. This exemption does not apply to those artificial wetlands intentionally created from non-wetland areas to mitigate conversion of wetlands. 22. In general, wetlands that are five thousand square feet or less in size may be exempt from the permit provisions of this chapter subject to compliance with the following: a. Wetlands less than two thousand five hundred square feet in size may be exempted where it has been shown by a qualified professional that they are not associated with a riparian corridor, are a functionally isolated wetland, and do not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife. b. Wetlands between two thousand five hundred square feet and five thousand square feet in size may be exempted when compliance to the following is fully demonstrated by a qualified professional: i. The requirement to avoid impacts may be dropped for Category III and IV wetlands between two thousand five hundred square feet and five thousand square feet that meet all of the following criteria: a. Wetland is not associated with a riparian corridor; and b. Wetland is a functionally isolated wetland; and c. Wetland does not score twenty points or greater for habitat in the 2004 Western Washington Rating System; and d. Wetland does not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife. ii. Impacts allowed under this provision to these wetlands will be fully mitigated as required by this chapter. iii. All Category I and II wetlands between two thousand five hundred square feet and five thousand square feet shall be evaluated with full mitigation sequencing and buffer establishment. Any approved impacts should be adequately compensated by mitigation. c. Wetlands larger than five thousand shall be evaluated using standard procedures for wetland review identified in Section 18.280.150 of this chapter. (Ord. 903 § 2(part), 2006). City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-7 18.280.040 - Approval process. A. Initial Critical Areas Determination Process. 1. The shoreline administrator shall review submitted information, conduct a site inspection, review other information available pertaining to the site and the proposal, and make a determination as to whether a critical areas permit review is required. 2. Decision Indicators. The shoreline administrator shall use the following indicators whenever available, to assist in determining the need for a critical areas permitreview: a. Indication by the city's critical area location information of a critical area or buffer that may be impacted by the proposed activity. b. Information and scientific opinions from appropriate agencies, including but not limited to the Washington Departments of Fish and Wildlife, Natural Resources, and Ecology. c. Documentation, from a scientific or other reasonable source, of the possible presence of a critical area or buffer. 3. Interpretation of Critical Area Boundaries. The shoreline administrator shall be authorized to interpret the exact location of the critical area boundary. Final designations shall be based on site conditions and other available data or information. A person who disagrees with the interpretation may appeal the interpretation through a Type III procedure pursuant to the city's currently adopted appeal procedures for administrative decision-makingRMC 18.310.100. 4. Critical Areas Permit Review Not Required. If the shoreline administrator's analysis indicates that there is no critical area or buffer on the subject property, then the shoreline administrator shall determine that the initial critical area review is complete and that no further review is required. 5. Critical Areas Permit Review Required. If the shoreline administrator determines that a critical area or its buffer may be located on the subject property, the shoreline administrator shall determine that a critical areas permit review is required, and shall indicate each of the critical area types to be addressed in the critical areas report. 6. Reconsideration of Initial Critical Area Determination. The shoreline administrator's determination may be reconsidered if new information is received. If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances. B. Critical Areas Shoreline Permits. 1. Type I Application. The following activities shall be processed as a Type I permit: a. New single-family and duplex residences, alterations to existing single-family and duplex residences, or new accessory structures located within a critical area or buffer, or on a property containing a critical area or buffer. b. Application of pesticides, herbicides, fungicides or fertilizers within twenty-five feet of ponds, lakes, streams, rivers or wetlands. City of Ridgefield Shoreline Master Program 5A-8 Effective December 17, 2012 c. Approval of agricultural activities within twenty-five feet of ponds, lakes, streams or rivers. d. Critical area enhancement projects, unless otherwise exempted. e. Public improvement projects located entirely within existing right-of-way, not otherwise exempted. f. Clearing vegetation within a critical area or buffer, including grading, uprooting or other activities that impair the soil stabilization function of vegetation in landslide hazard areas and including the removal of downed woody vegetation from wetlands, lakes, streams or rivers. Provided, vegetation removal within the floodplain outside of the riparian setback and in seismic hazard areas shall not require a permitSSOE. g. Approval of management plans for activities within critical areas and buffers. 2. Other Application Types. All other activities proposed within any critical area or buffer shall be reviewed according to the procedures of the underlying land use application. C. Review Procedure. The shoreline administrator shall make a determination as to whether a proposed activity is exempt or is subject to compliance with this chapter. The shoreline administrator's determination shall be based on the approval criteria of this chapter. The critical areas shoreline permit shall be valid for as long as the underlying land use permit or as otherwise specified by the shoreline administrator. D. Critical Area Inspections. Reasonable access to the site shall be provided to the city, state, and federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. E. Reconsideration of Permit Determination. If, within five calendar days following the date of mailing of a critical areasshoreline permit, new information relevant to the decision is made available, any party may request that the decision be reconsidered. If the new information is found to be substantial and relevant to the critical area review, the shoreline administrator may reopen the critical area review and make a new determination based on the revised report. The critical areas shoreline permit shall not be considered final and subject to appeal until the decision on the request for reconsideration, if applied for, has been issued. F. Critical Area Markers and Signs. 1. The boundary of the outer edge of critical areas tracts and easements shall be delineated with permanent survey stakes using iron or concrete markers as established by local survey standards. 2. The boundary at the outer edge of the critical area or buffers shall be identified with temporary signs prior to any site alteration. Such temporary signs shall be replaced with permanent signs or fencing as determined by the shoreline administrator prior to occupancy or use of the site. 3. The shoreline administrator may modify these requirements as necessary to ensure protection of sensitive features or wildlife needs. G. Notice on Title. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-9 1. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is approved shall file a notice with the county auditor's office according to the direction of the city. The notice shall state the presence of the critical area or buffer on the property, the application of this chapter to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall "run with the land." 2. The applicant shall submit proof that the notice has been filed for public record before the city approves any site development or construction for the property or, in the case of subdivisions, short subdivisions, planned unit developments, and binding site plans, at or before recording. H. Critical Areas Tracts or Conservation Easement. Critical areas tracts or conservation easements shall be used in subdivisions, planned unit developments, site plans and binding site plans to delineate protected critical areas comprising identified landslide hazard areas and buffers, identified wetlands and buffers and identified habitat conservation areas and buffers. I. Building Setbacks. Unless otherwise authorized through the project approval process, buildings and other structures shall be set back a minimum of five feet from the edges of all critical areas buffers. Uses allowed in this minimum setback area include landscaping, uncovered decks, building overhangs that extend no more than twenty-four inches into the setback area and impervious ground surfaces such as driveways and patios provided that these surfaces comply with the city's stormwater regulations as applicable. J. Financial Assurances. 1. When mitigation required pursuant to a development proposal is not completed prior to the city final permit approval, such as final plat approval, final site plan approval, final building inspection or final occupancy issuance, the city shall require the applicant to provide security in a form and amount deemed acceptable by the city. If the development proposal is subject to mitigation, the applicant shall provide security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional subject to the following: a. The security shall be in the amount of one hundred ten percent of the estimated cost of restoring the functions of the critical area that are at risk. b. The security authorized by this section shall remain in effect until the city determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary. c. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. d. Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed in the project budget or capital improvement budget for mitigation, maintenance, monitoring, or restoration. e. Failure to satisfy any critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within thirty calendar days after it is due or comply with other provisions of an approved mitigation plan shall City of Ridgefield Shoreline Master Program 5A-10 Effective December 17, 2012 constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the city code or any other law. f. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Excess funds shall be returned to the applicant. (Ord. 903 § 2(part), 2006). 18.280.050 - Submittal requirements. A. Preparation by Qualified Professional. Any required Critical Areas Report shall be prepared by a qualified professional as defined herein. B. General Critical Areas Report Contents. At a minimum, the critical areas report shall contain the following: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; 2. A copy of the site plan for the development proposal including: a. A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared; and b. Proposed stormwater management and sediment control plan for the development including a description of any impacts to drainage alterations. 3. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site. 4. Identification and scientific characterization of all critical areas and buffers. 5. An assessment of the probable impacts to critical areas and buffers and risk of injury or property damage including permanent, temporary, temporal, and indirect impacts resulting from development of the site and the operations of the proposed development. 6. A written response to each of the approval criteria in RMC 18.280.060 7. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with RMC 20.740.050.F (Mitigation Plan Requirements). C. Other Reports or Studies. Unless otherwise provided, a critical areas report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the shoreline administrator. Provided, the site conditions shall not have changed since the earlier report or study was completed. D. Critical Areas Report—Modifications to Requirements. The applicant may consult with the shoreline administrator prior to or during preparation of the critical areas report to obtain city approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential impacts to any critical areas or City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-11 buffers and the required mitigation. The shoreline administrator may also initiate a modification to the required report contents by requiring either additional or less information, when determined to be necessary to the review of the proposed activity in accordance with this chapter. E. Mitigation Plan Requirements. When mitigation is required, the applicant shall submit a mitigation plan as part of the critical areas report. The mitigation plan shall include: F. Detailed Construction Plans. The mitigation plan shall include descriptions of the mitigation proposed, such as: 1. The proposed construction sequence, timing, and duration. 2. Grading and excavation details. 3. Erosion and sediment control features. 4. A planting plan specifying plant species, quantities, locations, size, spacing, and density. 5. Measures to protect and maintain plants until established. 6. These written descriptions shall be accompanied by detailed site diagrams, scaled cross- sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. G. Monitoring Program. The mitigation plan shall include a program for monitoring construction of the mitigation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring, and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the mitigation project. The mitigation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years. For example, ten years or more of monitoring are typically needed for forested wetlands or scrub-shrub communities. The city shall notify the responsible party in writing once the conditions of the monitoring plan are met. H. Adaptive Management. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. (Ord. 903 § 2(part), 2006). 18.280.060 - Approval criteria. Any activity subject to this chapter, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria. The city may condition the proposed activity as necessary to mitigate impacts to critical areas and their buffers and to conform to the standards required by this chapter. Activities shall protect the functions of the critical areas and buffers on the site. A. Avoid Impacts. The applicant shall first seek to avoid all impacts that degrade the functions and values of (a) critical area(s) by not taking a certain action or parts of an action. This may necessitate a redesign of the proposal. City of Ridgefield Shoreline Master Program 5A-12 Effective December 17, 2012 B. Minimize Impacts. Where avoidance is not feasible, tThe applicant shall minimize the impact of the activity 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 impactsand mitigate to the extent necessary to achieve the activity's purpose and the purpose of this ordinance. The applicant shall seek to minimize the fragmentation of the resource to the greatest extent possible. C. Rectify Impacts. The applicant shall rectify the impacts by repairing, rehabilitating, or restoring the affected environment. D. Reduce Impacts. The applicant shall reduce or eliminate the impacts over time by preservation and maintenance operations. E. Compensatory Mitigation. The applicant shall compensate for the unavoidable impacts by replacing, enhancing, or providing substitute resources or environments each of the affected functions to the extent feasible. The compensatory mitigation shall be designed to achieve the functions as soon as practicable. Compensatory mitigation shall be sufficient to maintain the functions of the critical area consistent with the mitigation provisions of this ordinance, and to prevent risk from a hazard posed by a critical area to a development or by a development to a critical area. Wetland mitigation bank credits shall only be utilized when consistent with the provisions of this ordinance. F. Monitor Impacts and Mitigation. The applicant shall monitor the impacts and the compensation projects and take appropriate corrective measures. G. Type and Location of Mitigation. Compensatory mitigation shall be in-kind and on-site when feasible, and sufficient to maintain the functions of the critical area consistent with the mitigation provisions of this ordinance, and to prevent risk from a hazard posed by a critical area to a development or by a development to a critical area. Wetland mitigation bank credits shall only be utilized when consistent with the provisions of this ordinance. H. In addition to mitigation, unavoidable adverse impacts may be addressed through restoration efforts. DI. No Net Loss. The proposal protects the critical area functions and values and results in no net loss of critical area functions and values. EJ. Consistency with General Purposes. The proposal is consistent with the general purposes of this chapter and does not pose a significant threat to the public health, safety, or welfare on or off the development proposal site; (Ord. 903 § 2(part), 2006). 18.280.070 - Density transfer allowance. A. The city shall encourage the protection and retention of identified critical areas through the allowance of density transfer. The transfer of density opportunity from an identified critical areas shall only be authorized if this critical area is to be protected and retained. Required buffer areas shall be included in the density transfer calculation. B. Density transfer shall occur at a ratio of one square foot of protected area and buffer to one square City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-13 foot of transferable density. C. Density may be transferred to receiving properties located anywhere in the city. Receiving properties that develop with the additional density shall not be required to go through extra-ordinary review procedures such as a planned unit development process to receive the additional density. For single-family residential development, the receiving property(ies) shall be authorized to increase to the density and minimum lot size requirement of the immediate next lowest single-family residential zoning designation. For multi-family residential development the receiving property(ies) shall be authorized to increase the maximum density of the underlying multi-family zoning designation by a maximum of fifty percent. (Ord. 903 § 2(part), 2006). 18.280.080 - Minor exceptions. A. Minor Exceptions Authorized. Minor exceptions shall be processed in accordance with the Shoreline Variance provisions of Sections 2.6 and 7.2.7.Minor exceptions of no greater than twenty percent from the standards of this chapter may be authorized by the city in accordance with the procedures set forth in RMC 18.350, as amended, provided that minor exceptions shall not be permitted in combination with buffer averaging permitted elsewhere in this chapter. B. Minor Exception Criteria. A minor exception from the standards of this chapter may be granted only if the applicant demonstrates that the requested action conforms to all of the following criteria. Unusual conditions or circumstances exist that are peculiar to the intended use, the land, the lot, or something inherent in the land, and that are not applicable to all other lands in the same vicinity or district: 1. The unusual conditions or circumstances do not result from the actions of the applicant. 2. Granting the minor exception requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances. 3. The minor exception is necessary for the preservation and enjoyment of a substantial property right of the applicant such as is possessed by the owners of other properties in the same vicinity or district. 4. The minor exception requested is the least necessary and no greater than twenty percent of the subject standard. 5. The granting of the minor exception or the cumulative effect of granting more than one minor exception is consistent with the general purpose and intent of the City of Ridgefield Comprehensive Plan, this title, this chapter, and the underlying zoning district. 6. Degradation of the functions (including public health and safety) of the subject critical areas and any other adverse impacts resulting from granting the minor exception will be minimized and mitigated to the extent feasible in accordance with the provision of this chapter. 7. Granting the minor exception will not otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property. 8. The proposed development complies with all other applicable standards. City of Ridgefield Shoreline Master Program 5A-14 Effective December 17, 2012 C. Conditions May Be Required. In granting any minor exception, the city may attach such conditions and safeguards as are necessary to secure adequate protection of critical areas and developments from adverse impacts, and to ensure conformity with this chapter. D. Time Limit. The city shall prescribe a time limit within which the action for which the minor exception is required shall be begun, completed, or both. Failure to begin or complete such action within the established time limit shall void the minor exception. E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application. (Ord. 903 § 2(part), 2006). 18.280.090 - Reasonable use exceptions. A. Reasonable Use Exception Request and Review Process. If the application of this chapter would deny all reasonable economic use of the subject property, the applicant may request a Shoreline Variance in accordance with Sections 2.6 and 7.2.7.property owner may apply for an exception pursuant to this section. Exceptions from the standards of this chapter may be authorized by the city provided that the following is complied with: 1. An application for a reasonable use exception shall be made to the city and shall include a critical areas report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (RCW 43.21C). The community development director or designee shall issue a written determination based on review of the submitted information, a site inspection, and the proposal's ability to comply with reasonable use exception criteria. 2. The City shall approve applications for reasonable use exceptions when all of the following criteria are met: a. The application of this Chapter would deny all reasonable economic use of the property. b. No other reasonable economic use of the property has less impact on the critical area. c. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property. d. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor. e. The proposal does not pose a significant threat to the public health, safety, or welfare on or off the development proposal site. f. The proposal mitigates for the loss of critical area functions to the greatest extent feasible. g. The proposal is consistent with other applicable regulations and standards. i. The burden of proof shall be on the applicant to bring forth evidence in support of the City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-15 application and to provide sufficient information on which any decision has to be made on the application. B. Public Agency and Utility Exception Request and Review Process. If the application of this Title would prohibit a development proposal by a public agency and utility, the public agency or utility may request a Shoreline Variance in accordance with Sections 2.6 and 7.2.7.apply for an exception pursuant to this section. Exceptions from the standards of this chapter may be authorized by the city provided that the following is complied with: 1. An application for a public agency and utility exception shall be made to the city and shall include a critical areas report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (RCW 43.21C). The community development director or designee shall issue a written determination based on review of the submitted information, a site inspection, and the proposal's ability to comply with the public agency and utility exception criteria. 2. The city shall approve applications for public agency and utility exceptions when all of the following criteria are met: a. There is no other practical alternative to the proposed development with less impact on the critical areas. b. The application of this title would unreasonably restrict the ability to provide utility services to the public. c. The proposal does not pose a significant threat to the public health, safety, or welfare on or off the development proposal site. d. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with other applicable regulations and standards. e. The proposal is consistent with other applicable regulations and standards. f. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. (Ord. 903 § 2(part), 2006). 18.280.100 - Unauthorized critical areas alterations and enforcement. A. Enforcement. 1. It shall be unlawful to violate the provisions of RMC 18.280. Any violation of this chapter shall constitute a public nuisance subject to code enforcement pursuant to the city's adopted code enforcement regulations. 2. The city may impose any of the remedies, requirements or corrective actions contained in this chapter. In lieu of or in addition to the city's code enforcement provisions the city may also seek injunctive or other relief from any court of competent jurisdiction. Violations of SMP Chapter 5A, City of Ridgefield Shoreline Master Program 5A-16 Effective December 17, 2012 RMC 18.280 will be subject to the enforcement provisions of SMP Chapter 7. B. Requirement for Restoration Plan. In the event the city initiates enforcement action or files a complaint in court, the city may require a restoration plan consistent with the requirements of this chapter. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in RMC 18.280.100.C. The shoreline administrator shall, at the violator's expense, seek expert advice in determining whether the plan restores the affected area to its pre-existing condition or, where that is not possible, restores the functions of the affected area. Inadequate plans shall be returned to the applicant or violator for revision and re- submittal. C. Minimum Performance Standards for Restoration: 1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area, provided that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: a. The structure and functions of the critical area or buffer prior to violation shall be restored, including water quality and habitat functions. b. The soil types and configuration prior to violation shall be replicated. c. The critical area and buffers shall be replanted with native vegetation. d. Information demonstrating compliance with the requirements in RMC 18.280.050.E (Mitigation Plan Requirements) shall be submitted to the shoreline administrator. 2. For alterations to frequently flooded and geologic hazard areas, the following minimum performance standards shall be met for the restoration of a critical area or buffer, provided that, if the violator can demonstrate that greater safety can be obtained, these standards may be modified: a. The hazard shall be reduced to a level equal to, or less than, the pre-violation hazard. b. The risk of personal injury resulting from the alteration shall be eliminated or minimized. c. Drainage patterns shall be restored to those existing before the alteration. d. The hazard area and buffers shall be replanted consistent with pre-violation conditions with native vegetation sufficient to minimize the hazard. D. Site Investigations. The shoreline administrator is authorized to make site inspections and take such actions as are necessary to enforce this chapter. As a condition of the restoration plan, the applicant shall grant reasonable access to the property. (Ord. 903 § 2(part), 2006). 18.280.110 - Fish and wildlife habitat conservation areas. A. Designation. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-17 1. There are established in the city the following identified fish and wildlife habitat conservation areas: a. Habitat for any life stage of state or federally designated endangered, threatened, and sensitive fish or wildlife species. A current list of federally and state identified species is available from the shoreline administrator. b. Priority Habitats and areas associated with Priority Species. Current lists of priority habitats and species and applicable management recommendations promulgated by the Washington Department of Fish and Wildlife are available from the shoreline administrator. c. Water bodies including lakes, streams, rivers and naturally occurring ponds. 2. Habitat Location Information. Information on the approximate location and extent of habitat conservation areas is available from the shoreline administrator. The habitat location information is based on: a. Washington Department of Fish and Wildlife Priority Habitat and Species Maps. b. Washington Department of Fish and Wildlife Anadromous and Resident Salmonid Distribution Maps in the Salmon and Steelhead Habitat Inventory Assessment Program (SSHIAP). c. Washington Department of Natural Resources Official Water Type Reference Maps. d. Other information acquired by the city. B. Fish and Wildlife Habitat Conservation Areas and Riparian Buffers. Fish and wildlife habitat conservation areas within the city shall be established pursuant to the Washington State Department of Natural Resources Stream Typing System, as amended. Fish and wildlife habitat conservation areas shall be established by a qualified professional and shall be measured to include the land in each direction from the ordinary high water mark of the designated stream type. 1. The minimum riparian buffer widths for stream types designated in accordance with the Washington State Department of Natural Resources (DNR) Stream Typing System shall be as follows: Table 18.280.110-1 Minimum Riparian Buffer Widths for Fish and Wildlife Habitat Conservation Areas—DNR Stream Typing System Fish and Wildlife Habitat Conservation Areas — DNR Stream Typing System Minimum Riparian Buffer Width (feet) Type S - Shorelines of the state 150 feet City of Ridgefield Shoreline Master Program 5A-18 Effective December 17, 2012 Areas — DNR Stream Typing System Minimum Riparian Buffer Width (feet) Type F - Fish-bearing streams (>5 feet wide) 150 feet Type F - Fish-bearing streams (<5 feet wide) 125 feet Type Np and Ns — Perennial or seasonal streams with high mass wasting potential 100 feet Type Np and Ns — Perennial or seasonal streams with low mass wasting potential 50 feet 2. Fish and wildlife habitat conservation areas and associated buffers shall be identified on the face of plat maps site plans or other development plans, and shall be protected in perpetuity with conservation covenants, deed restrictions or other legally binding mechanisms." 3. If impervious surfaces from previous development completely functionally isolate the designated stream type and associated buffer the regulated fish and wildlife habitat conservation shall extend from the ordinary high water mark to the impervious surfaces. An example would be an existing industrial paved area and warehouses in the riparian buffer. C. Additional Critical Areas Report Requirements. 1. A critical areas report for a fish and wildlife habitat conservation area shall include evaluation of the habitat functions using the Clark County Habitat Conservation Ordinance Riparian Habitat Field Rating Form or another habitat evaluation tool approved by the Washington Department of Fish and Wildlife. 2. If the clearing or development activity is in the fish and wildlife habitat conservation area, the critical areas report shall contain the following information, if applicable, in addition to the general critical areas report requirements of RMC 18.280.050.B: a. How the clearing or development activity constitutes a water-dependent, water-related or water-enjoyment use. b. How the clearing or development activity cannot feasibly be located on the site outside of the fish and wildlife habitat conservation area. c. How the proposal meets the fish and wildlife habitat conservation area width averaging standard. d. How the proposal will not adversely affect the connectivity of habitat functions. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-19 D. Performance Standards. 1. General. a. Development or clearing activities shall protect the functions of the fish and wildlife habitat conservation areas on the site. The activity shall result in no net loss of functions. Protection can be provided by avoiding (the preferred protection) or minimizing and mitigating. Functions include: i. Providing habitat for breeding, rearing, foraging, protection and escape, migration, and over-wintering. ii. Providing complexity of physical structure, supporting biological diversity, regulating stormwater runoff and infiltration, removing pollutants from water, and maintaining appropriate temperatures. b. An applicant shall replace any lost functions by enhancement to other functions, so long as the applicant demonstrates that enhancement of the other functions provides no net loss in overall functions and maintains habitat connectivity. An example of unavoidable loss of function would be interruption of a travel corridor in a fish and wildlife habitat conservation area and its associated buffer. To the maximum extent feasible, enhancement shall be undertaken on-site. c. If development or clearing activity is within a priority habitat and species area the applicant shall follow Washington Department of Fish and Wildlife Management Guidelines or other standards approved by the Washington Department of Fish and Wildlife. d. Signs for Fish and Wildlife Conservation Areas: i. Temporary markers. The location of the outer perimeter of the fish and wildlife habitat conservation area shall be marked in the field, and such marking shall be approved by the shoreline administrator prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. Permanent signs. Wood or metal signs shall be posted at an interval of one per lot for single family residential uses or at a maximum interval of two hundred feet or as otherwise determined by the shoreline administrator, and must be perpetually maintained by the property owner. The sign shall be worded as follows or with alternative language approved by the shoreline administrator: "The area beyond this sign is a fish and wildlife habitat conservation area. Alteration or disturbance is prohibited by law. Please call the City of Ridgefield for more information." 2. Fish and Wildlife Habitat Conservation Areas and Riparian Buffers. a. Fish and Wildlife Habitat Conservation Areas. Development or clearing activity may occur in Fish and Wildlife Habitat Conservation Areas for the following: i. A water-dependent, water-related or water-enjoyment activity where there are no feasible alternatives that would have a less adverse impact on the fish and wildlife habitat conservation area or riparian buffer. The applicant shall minimize the impact and mitigate for any unavoidable impact to functions; or City of Ridgefield Shoreline Master Program 5A-20 Effective December 17, 2012 ii. A road, railroad, trail, dike, or levee or a water, sewer, stormwater conveyance, gas, electric, cable, fiber optic cable, or telephone facility that cannot feasibly be located outside of the fish and wildlife habitat conservation area, that minimizes impacts, and that mitigates for any unavoidable impact to functions; or iii. Trails and wildlife viewing structures provided that the trails and structures are constructed to minimize impacts. b. Riparian Buffer. Development or clearing activity may occur in the riparian buffer, provided that mitigation is conducted that results in no net loss of riparian habitat functions on the site, and further, that functionally significant habitat, defined as habitat that cannot be replaced or restored within twenty years, shall be preserved unless the clearing or development activity cannot feasibly be located on the site outside of the riparian buffer. An example of habitat that cannot be replaced within twenty years would be a stand of mature trees or a peat bog. c. Buffer Width Averaging. The shoreline administrator may allow buffer width averaging in accordance with an approved critical area report on a case-by-case basis. Buffer width averaging shall not be used in combination with buffer width reduction or a minor exception on the same buffer segment to reduce the minimum buffer width below that specified in this chapter. Averaging of buffer widths may only be allowed where a qualified ecologist or biologist demonstrates that: i. Such averaging will not reduce functions or functional performance; and ii. The fish and wildlife habitat conservation area varies in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; and iii. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and iv. The buffer width is reduced by no more than fifty percent of the standard width and at no point to less than twenty-five feet. d. Buffer Width Reduction. The shoreline administrator may authorize the reduction of required buffer widths to a lesser width provided that an applicant demonstrates compliance with the following: i. Written evidence prepared by a qualified ecologist or biologist addressing the proposed buffer width reduction and demonstrating how the reduced buffer will enhance the functions and values of the fish and wildlife habitat conservation area. ii. The remaining buffer area shall be intensely planted with a mixture of native vegetation pursuant to an approved landscape plan prepared by a registered landscape architect in the State of Washington and reviewed and certified by a qualified ecologist or biologist certifying that the plantings to be used in the remaining buffer area will compliment and support the functions and values of the fish and wildlife habitat conservation area. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-21 iii. The remaining buffer area shall be managed by the applicant or applicant's successor in interest for a minimum of three years following the city's final acceptance of any portion or phase of the project. A detailed management plan prepared by a qualified ecologist or biologist shall be submitted for city review and approval prior to the City's authorization of any on-site construction, unless otherwise authorized by the shoreline administrator. The detailed management plan shall address among other things the replanting of dead or dying plant material, the contents and submittal to the city of annual monitoring report prepared by a qualified ecologist or biologist with the cost of this report to be borne entirely by the applicant or applicant's successor in interest and methods to address any identified problems with the buffer's support of the functional value of the fish and wildlife habitat conservation area. e. Buffer width reduction shall not be used in combination with buffer width averaging on the same buffer segment, but can be used in combination with the same wetland resource. Where multiple resources exist on a property or site, the shoreline administrator may authorize the use of buffer width averaging and buffer width reduction on different resources on the property or site provided that any required scientific analysis or reporting addresses and supports the separate use. f. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, buffers for fish and wildlife habitat conservation areas shall be maintained according to the approved critical area permit. g. Buffer Uses. The following uses may be permitted within a buffer for a fish and wildlife habitat conservation area in accordance with the review procedures of this chapter; provided, they are not prohibited by any other applicable law or regulation and they are conducted in a manner so as to minimize impacts to the buffer and the wetland: i. Activities allowed under the same terms and conditions as in the associated fish and wildlife habitat conservation areas. ii. Enhancement and restoration activities aimed at protecting the soil, water, vegetation or wildlife. iii. Passive recreation facilities including trails and wildlife viewing structures, provided that the trails and structures are constructed with a surface that does not interfere with wetland hydrology. iv. Stormwater management facilities limited to detention facilities, constructed wetlands, stormwater dispersion outfalls and bioswales, may be constructed in accordance with an approved critical area report. 3. Signs and Fencing of Fish and Wildlife Habitat Conservation Areas: a. The location of the outer perimeter of the fish and wildlife habitat conservation areas and its buffer shall be marked in the field, and such marking shall be approved by the shoreline administrator prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. b. A permanent physical demarcation along the upland boundary of the fish and wildlife habitat conservation area buffer shall be installed and thereafter maintained. Such demarcation City of Ridgefield Shoreline Master Program 5A-22 Effective December 17, 2012 may consist of fencing, hedging or other prominent physical marking that allows wildlife passage, blends with the wetland environment, and is approved by the shoreline administrator. c. Permanent fencing of the fish and wildlife habitat conservation area buffer on the outer perimeter shall be erected and thereafter maintained when there is a substantial likelihood of the presence of domestic grazing animals within the property unless the shoreline administrator determines that the animals would not degrade the functions of the fish and wildlife habitat conservation area or buffer. d. Wood or metal signs shall be posted at an interval of one per lot for single family residential uses or at a maximum interval of two hundred feet or as otherwise determined by the shoreline administrator, and must be perpetually maintained by the property owner. The sign shall be worded as follows or with alternative language approved by the shoreline administrator: "The area beyond this sign is a fish and wildlife habitat conservation area or fish and wildlife habitat conservation area buffer. Alteration or disturbance is prohibited by law. Please call the City of Ridgefield for more information." (Ord. 903 § 2(part), 2006). 18.280.120 - Frequently flooded areas. Refer to RDC Chapter 18.750, Flood Control, for all requirements and standards regarding frequently flooded areas. (Ord. 971 § 2 (part), 2007: Ord. 903 § 2 (part), 2005). 18.280.130 - Geologic hazard areas. A. Designation. Designated or potential geologic hazard areas include landslide, seismic, and erosion hazard areas. With the exception of bank erosion hazard areas and fault rupture hazard areas, their potential locations are shown on maps available from the shoreline administrator. Final designations shall be based on site conditions and other available data or information. 1. Landslide Hazard Areas. Potential landslide hazard areas are identified from the sources listed below: a. Slopes greater than twenty-five percent on the property and adjacent areas within fifty feet except engineered slopes such as cut and fill slopes along transportation routes (including trails), railroad and other berms, or dikes. b. Areas of historic or active landslides, potential instability, or older landslide debris identified on the 1975 map by Allen Fiksdal of the Washington State Department of Natural Resources entitled, Slope Stability: Clark County Washington as revised or superseded. c. Identified from other available data or in the field by a qualified professional and adjacent areas within fifty feet. 2. Seismic Hazard Areas. Seismic hazard areas include liquefaction or dynamic settlement, ground shaking amplification, and fault rupture hazard areas: a. Liquefaction or Dynamic Settlement. The following are designated liquefaction or City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-23 dynamic settlement hazard areas: i. Areas with low to moderate, moderate, moderate to high, or high liquefaction susceptibility or peat deposits as indicated on the Alternative Liquefaction Susceptibility Map of Clark County, Washington based on Swanson's Groundwater Model by Stephen P. Palmer, Sammantha L. Magsino, James L. Poelstra, and Rebecca A. Niggemann, September, 2004, as revised or superseded. ii. Areas of fill (Fn) identified by the 1972 USDA Soil Conservation Service Soil Survey of Clark County Washington and by the shoreline administrator, based on other reliable evidence. b. Ground Shaking Amplification. Designated ground shaking amplification hazard areas: include site classes C to D, D, D to E, E and F as indicated on the Site Class Map of Clark County, Washington by Stephen P. Palmer, Sammantha L. Magsino, James L. Poelstra, and Rebecca A. Niggemann, September, 2004 as revised or superseded. c. Fault Rupture Hazard Areas. Potential fault rupture hazard areas are faults identified on geological maps prepared and maintained by the Washington Department of Natural Resources (DNR), U.S. Geological Survey (USGS), Oregon Department of Geology and Mineral Industries (DOGAMI), Clark County, Washington, or identified from other available data or in the field by a qualified professional and adjacent areas within fifty feet. 3. Erosion Hazard Areas. Erosion hazard areas include soil erosion and bank erosion hazard areas. a. Soil Erosion Hazard Areas. Soil erosion hazard areas are those areas with soils identified as having a severe erosion hazard by the 1972 USDA Soil Conservation Service Soil Survey of Clark County Washington. b. Bank Erosion Hazard Areas. Bank erosion hazard areas are areas along lakes, streams, and rivers that are subject to regression or retreat due to lacustrine or fluvial processes and adjacent land within fifty feet. B. Additional Critical Areas Report Requirements. 1. In addition to the requirements of 18.280.050.B, the following are critical areas report requirements to be prepared by a registered geotechnical engineer or registered geologist for development proposals in geologic hazard areas. These requirements may be adjusted as appropriate by the shoreline administrator. A critical areas report is not required for placement or replacement of roads, sidewalks, and trails where there are no structures, gas, electric, cable, fiber optic cable, stormwater, sewer, or water facilities in areas with only ground shaking or liquefaction hazards: a. Identification of the site and project area, topography in one foot contours (or other increment at the discretion of the shoreline administrator), gas, electric, cable, fiber optic cable, telephone, sewer, water, and stormwater management facilities, wells, on-site septic systems, dikes, levees, and existing structures on the site plan. b. Detailed review of field investigations, published data and references, data and conclusions from past geologic studies or investigations, site-specific measurements, tests, investigations, or studies, and the methods of data analysis and calculations that support the City of Ridgefield Shoreline Master Program 5A-24 Effective December 17, 2012 results, conclusions, and recommendations. c. Field investigation and evaluation of the areas on site for liquefaction or dynamic settlement, ground shaking amplification, fault rupture, and soil erosion hazards; and on or within fifty feet of the site for landslide and bank erosion hazards. d. A description of the surface and subsurface geology, hydrology, drainage patterns, soils, and vegetation on site for liquefaction or dynamic settlement, ground shaking amplification, fault rupture, and soil erosion hazards; and on or within fifty feet of the site for landslide and bank erosion hazards. e. Identification of the hazard area indicators that were found (if any) on site for liquefaction or dynamic settlement, ground shaking amplification, fault rupture, and soil erosion hazards; and on or within fifty feet of the site for landslide and bank erosion hazards. f. Conclusion as to whether there is a geologic hazard area on site or for landslide and bank erosion hazards on or within fifty feet of the site. g. If a liquefaction, dynamic settlement, ground shaking amplification, fault rupture, or soil erosion hazard is found to exist on site or if a landslide or bank erosion hazard is found to exist on or within fifty feet of the site the following shall be specified on a site plan: i. The location(s), extent, and type(s) of geologic hazard area(s) identified. ii. The location(s) and extent of any area(s) that must be left undisturbed to protect the proposed development from damage or destruction and to protect the hazard area(s) from the impacts of the proposed development. iii. The boundaries of the area that may be disturbed. iv. The dimension of the closest distance(s) between the geologic hazard area(s) and the project area. v. The dimension of the closest distance(s) between any non-disturbance area and the project area. h. For bank erosion hazard areas, show these areas, boundaries, and dimensions based upon natural processes and, if applicable, proposed bank stabilization measures. i. Analysis of the erosion processes on site for soil erosion hazard areas and on or within one hundred feet of the site for bank erosion hazard areas. j. Evaluation of the impact of the geologic hazard area(s) on the proposed development, other properties, and other critical areas as follows: i. Landslide hazard areas. The impact of the run-out hazard of landslide debris from both upslope and downslope shall be included in the evaluation. ii. Bank erosion hazard areas. Evaluation of impacts on other properties shall include properties both upstream and downstream of the subject property. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-25 iii. Evaluation of the impact of the proposed development on the geologic hazard area(s). iv. Assessments and conclusions regarding geologic hazard(s) for both existing and proposed (post-development) site conditions. The ultimate build-out scenarios must be considered and addressed in cases such as land division and master planning where build-out is not scheduled to occur as a direct or immediate result of project approval. v. Written discussion of the risk of damage or destruction from the geologic hazard(s) with respect to human health and safety; infrastructure; the proposed development; other properties (both upstream and downstream for bank erosion hazard areas); and other critical areas; and whether and to what degree the proposed development would increase the risk from the geologic hazard(s), such as the occurrence of a landslide or the rate of regression. vi. Recommendations for mitigation of impacts to protect human health and safety; infrastructure; the proposed development; other properties (both upstream and downstream for bank erosion hazard areas); other critical areas; and the hazard area during construction and for the anticipated life of the proposed development. The ultimate build-out scenarios must be considered and addressed in cases such as land division and master planning where build-out is not scheduled to occur as a direct or immediate result of project approval. k. An analysis of how the standards of RMC 18.280.130.C applicable to each geologic hazard area will be met. C. Performance Standards. 1. Landslide, Soil Erosion, and Bank Erosion Hazard Areas. Development in designated non- disturbance areas shall be prohibited. Where such areas have not been identified, development, including elimination of a landslide hazard area through grading, in landslide, soil erosion, and bank erosion hazard areas and their buffers shall be prohibited except where the applicant has demonstrated compliance with or satisfaction of the following standards or requirements. a. The applicant has demonstrated that the use, activity, and structure(s) cannot feasibly be located outside the geologic hazard area or buffer given the physical limitations of the site; and that during construction and for the anticipated life of the proposed development the following will be satisfied: i. Will not increase the threat of the geological hazard beyond pre-development conditions ii. Will not adversely impact other critical areas wherever feasible given the type of critical areas involved and the characteristics of the site iii. Are designed so that the hazard to the proposed project is eliminated or mitigated to a level equal to or less than pre-development conditions iv. The life safety risk is minimal or eliminated; and v. Are certified by a registered geotechnical engineer or registered geologist as safe as City of Ridgefield Shoreline Master Program 5A-26 Effective December 17, 2012 designed and under anticipated conditions. vi. A plan for revegetation and landscape maintenance to ensure soil stabilization shall be developed and implemented in accordance with the mitigation plan requirements of Chapter 5A, RMC 18.280.050(E-H). vii. Clearing, grading, uprooting, or otherwise impairing the soil stabilizing function of vegetation shall be prohibited during the wet season (November 1st to May 1st), except as authorized under a valid state or federal permit or a City Type I permit. viii. Drainage patterns shall not be altered such that potential for damage or risk to the proposed project, the geologic hazard area, or other critical areas or buffers is increased. ix. The city's adopted erosion control requirements shall be met. x. Trails shall be for pedestrian and non-motorized vehicular use only and shall be the minimum width necessary to meet applicable regulations and for the ability to conduct required operations and maintenance. b. Roads in Landslide and Bank Erosion Hazard Areas. A road through or across a landslide or bank erosion hazard area shall meet the standards of Chapter 5A, RMC 18.280.130(C)(1)(a) and shall not be: i. The sole access for a proposed subdivision (not including short plat) or critical facility. ii. Longer than two hundred feet. iii. Steeper than a twenty percent grade. c. Markers and Signs in Landslide Hazard Areas. i. The boundary at the outer edge of landslide area tracts and easements shall be delineated with permanent survey stakes, using iron or concrete markers as established by local survey standards. ii. The boundary at the outer edge of the farthest of the landslide hazard area, non- disturbance area or buffer shall be identified with temporary signs prior to any site alteration. Such temporary signs shall be replaced with permanent signs prior to occupancy or use of the site. iii. These provisions may be modified by the shoreline administrator as necessary to ensure protection of sensitive features or wildlife needs. d. Bank Stabilization for Existing Development in Bank Erosion Hazard Areas. i. Bank stabilization measures may be employed to protect an existing structure when a Critical Areas Report conclusively demonstrates all of the following: (A) Bank erosion threatens an established use or existing structure(s). City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-27 (B) The threatened structure(s) cannot be relocated landward of any non- disturbance area. (C) Where applicable, bank stabilization measures are necessary to the operation and location of water-dependent, water-related, or water enjoyment activities consistent with the city's shoreline management master program. (D) Bank stabilization measures will not cause a significant adverse impact on upstream or downstream properties or an impact that cannot be mitigated without developing bank stabilization measures for those properties. (E) Bank stabilization measures will not cause a significant adverse impact on fish, wildlife, or their habitats protected by this Chapter. ii. When bank stabilization is allowed, it shall be accomplished using beach nourishment, bioengineering (soft armoring) techniques, or a combination of the two. Other techniques may be used when an approved critical areas report demonstrates conclusively that beach nourishment, bioengineering (soft armoring) techniques, or a combination of the two will not provide sufficient protection for the remaining useful life of the structure(s) to be protected. iii. When bank stabilization is allowed, the pertinent policies and regulations of the city's shoreline management master program shall apply in addition to the requirements of this section. The terms and conditions of any other required state or federal permit or approval shall also apply. e. Buffer. The following regulations apply to landslide and bank erosion hazard area buffers. No buffer is required for soil erosion hazard areas. Buffers may be included in non- disturbance areas and required planting and maintenance activities may be undertaken within them: i. Buffer width shall be measured on a horizontal plane from a perpendicular line established at all edges of the geologic hazard area, except for those instances where there is a physical grade separation of ten feet or greater between the geologic hazard area and an upland area. In this instance, the buffer area measurement shall take into account this physical grade separation. ii. A vegetated buffer shall be maintained around all landslide and bank erosion hazard areas. No alteration to the buffer shall be undertaken without a city approved erosion control plan. New plantings shall consist of native vegetation. Maintenance shall be the responsibility of the property owner. iii. The minimum buffer width for bank erosion hazard areas shall be the distance recommended in an approved critical areas report. iv. The minimum buffer width for landslide hazard areas shall be the minimum distance(s) recommended in an approved critical areas report. v. A modified buffer width may be authorized for landslide and bank erosion hazard areas at the discretion of the shoreline administrator when recommended in an approved critical areas report prepared by a qualified professional. City of Ridgefield Shoreline Master Program 5A-28 Effective December 17, 2012 2. Seismic Hazard Areas. a. Liquefaction or Dynamic Settlement Hazard Areas. All building structures in liquefaction or dynamic settlement hazard areas shall comply with the city's adopted building code regulations, as applicable. No buffer is required for liquefaction or dynamic settlement hazard areas. b. Ground Shaking Amplification Hazard Areas. All building structures in ground shaking amplification hazard areas shall comply with the city's adopted building code regulations applicable to the NEHRP soil classification of the subject property. No buffer is required for ground shaking amplification hazard areas. c. Fault Rupture Hazard Areas. i. A road through or across a fault rupture hazard area shall not be: (A) The sole access for a proposed subdivision (not including short subdivision) or critical facility. (B) Longer than two hundred feet. (C) Steeper than a twenty percent grade. ii. Structures for human habitation and critical facilities shall be prohibited within fault rupture hazard areas and buffers. d. Buffer. i. Buffer width shall be measured on a horizontal plane from a perpendicular line established at all edges of the geologic hazard area, except for those instances where there is a physical grade separation of ten feet or greater between the geologic hazard area and an upland area. In this instance, the buffer area measurement shall take into account this physical grade separation. ii. The minimum buffer width for landslide hazard areas shall be the minimum distance(s) recommended in an approved critical areas report. iii. A modified buffer width may be authorized for landslide and bank erosion hazard areas at the discretion of the shoreline administrator when recommended in an approved critical areas report prepared by a qualified professional. (Ord. 903 § 2(part), 2006). 18.280.140 - Critical aquifer recharge areas. A. Designating Critical Aquifer Recharge Areas. Critical Aquifer Recharge Areas Designation. Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030-2. CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contaminants of groundwater resources or contribute significantly to the replenishment of groundwater. These areas are: City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-29 1. Wellhead Protection Areas. Wellhead protection areas are defined by the boundaries of the ten-year time of groundwater travel or boundaries established using alternate criteria approved by the Washington State Department of Health in those settings where groundwater travel is not a reasonable delineation criterion in accordance with WAC 246-290-135. 2. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Water Drinking Act. 3. Susceptible Groundwater Management Areas. Susceptible groundwater management areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted groundwater management program pursuant to WAC173-100. 4. Special Protection Areas. Special protection areas are those areas defined by WAC-173-200- 090. 5. Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are moderately or highly vulnerable to degradation or depletion because of hydrogeologic characteristics are those areas meeting the criteria established by the state department of ecology. B. Rating Critical Aquifer Recharge Areas. Aquifer recharge areas shall be rated as having high, moderate, or low susceptibility based on soil permeability, geologic matrix, infiltration, and depth to water as determined by the criteria established by the state department of ecology. C. Mapping of Critical Aquifer Recharge Areas. 1. The approximate location and extent of critical aquifer recharge areas are shown on the adopted critical areas maps. 2. These maps are to be used as a guide for the city, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. D. Allowed Activities in Critical Aquifer Recharge Areas. The following activities are allowed in critical aquifer recharge areas pursuant to Allowed Activities and do not require submission of a critical area report: 1. Construction of structures and improvements, including additions, resulting in less than five percent or two thousand five hundred square feet (whichever is greater) total site impervious surface area that does not result in a change of use or increase the use of a hazardous substance. 2. Development and improvement of parks, recreation facilities, open space, or conservation areas resulting in less than five percent total site impervious surface area that do not increase the use of a hazardous substance. 3. Existing or replacement on-site domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per one acre. E. Additional Report Requirements—Critical Aquifer Recharge Areas. In addition to the general critical area report requirements of RMC 18.280.050, critical area reports for critical aquifer recharge areas must meet the requirements of this section. Critical area reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. City of Ridgefield Shoreline Master Program 5A-30 Effective December 17, 2012 1. Preparation by a Qualified Professional. An aquifer recharge area critical area report shall be prepared by a qualified professional who is a hydrogeologist, geologist, or engineer, who is licensed in the state of Washington and has experience in preparing hydrogeologic assessments. 2. Hydrogeologic Assessment. For all proposed activities to be located in a critical aquifer recharge area, a critical area report shall contain a level one hydrogeological assessment. A level two hydrogeologic assessment shall be required for any of the following proposed activities: a. Activities that result in five percent or more impervious site area. b. Activities that divert, alter, or reduce the flow of surface or ground waters, or otherwise reduce the recharging of the aquifer. c. The use of hazardous substances, other than household chemicals used according to the directions specified on the packaging for domestic applications; d. The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than fourteen thousand five hundred gallons of effluent per day and that are limited to a maximum density of one system per one acre; or e. Any other activity determined by the [director] likely to have an adverse impact on ground water quality or quantity or on the recharge of the aquifer. 3. Level One Hydrogeologic Assessment. A level one hydrogeologic assessment shall include the following site- and proposal-related information at a minimum: a. Available information regarding geologic and hydrogeologic characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone. b. Ground water depth, flow direction, and gradient based on available information. c. Currently available data on wells and springs within one thousand three hundred feet of the project area. d. Location of other critical areas, including surface waters, within one thousand three hundred feet of the project area. e. Available historic water quality data for the area to be affected by the proposed activity. f. Best management practices proposed to be utilized. 4. Level Two Hydrogeologic Assessment. A level two hydrogeologic assessment shall include the following site- and proposal-related information at a minimum, in addition to the requirements for a level one hydrogeological assessment: a. Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five-year period. b. Ground water monitoring plan provisions. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-31 c. Discussion of the effects of the proposed project on the ground water quality and quantity, including: i. Predictive evaluation of ground water withdrawal effects on nearby wells and surface water features. ii. Predictive evaluation of contaminant transport based on potential releases to ground water. iii. A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail. F. Performance Standards—Critical Aquifer Recharge Areas. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely effect the recharging of the aquifer. The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, and the Clark County Health District. The proposed activity must be designed and constructed in accordance with the city's adopted stormwater regulations. 1. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements: a. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: i. Prevent releases due to corrosion or structural failure for the operational life of the tank; ii. Be protected against corrosion, constructed of non-corrosive material, steel clad with a non-corrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and iii. Use material in the construction or lining of the tank that is compatible with the substance to be stored. b. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: i. Not allow the release of a hazardous substance to the ground, ground waters, or surface waters; and, ii. Have a primary containment area enclosing or underlying the tank or part thereof; and iii. A secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks. City of Ridgefield Shoreline Master Program 5A-32 Effective December 17, 2012 c. Vehicle Repair and Servicing. i. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. ii. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state department of ecology prior to commencement of the proposed activity. d. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging. G. Statutes, Regulations, and Guidance Pertaining to Ground Water Impacting Activities. Activity Statute—Regulation—Guidance Above ground storage Tanks Chapter 173-303-640 WAC Animal feedlots Chapter 173-216 WAC, Chapter 173-220 WAC Automobile washers Chapter 173-216 WAC, Best Management Practices for Vehicle and Equipment Discharges (Washington Department of Ecology WQ-R-95-56) Below ground storage tanks Chapter 173-360 WAC Chemical treatment storage and disposal facilities Chapter 173-303-182 WAC Hazardous waste generator (boat repair shops, biological research facility, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, printing and publishing shops, etc.) Chapter 173-303 WAC Injection wells Federal 40 CFR Parts 144 and 146, Chapter 173-218 WAC Junk yards and salvage yards Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicles Recycler Facilities (Washington State Department of Ecology 94-146) Oil and gas drilling Chapter 332-12-450 WAC, Chapter 173-218 WAC On-site sewage systems (large scale) Chapter 173-240 WAC City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-33 Activity Statute—Regulation—Guidance On-site sewage systems (< 14,500 gal/day) Chapter 246-272 WAC, Local Health Ordinances Pesticide storage and use Chapter 15.54 RCW, Chapter 17.21 RCW Sawmills Chapter 173-303 WAC, Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Log Yards (Washington State Department of Ecology, 95-53) Solid waste handling and recycling facilities Chapter 173-304 WAC Surface mining Chapter 332-18-015 WAC Wastewater application to land surface Chapter 173-216 WAC, Chapter 173-200 WAC, Washington State Department of Ecology Land Application Guidelines, Best Management Practices for Irrigated Agriculture H. Prohibited Uses in Critical Aquifer Recharge Areas. The following activities and uses are prohibited in critical aquifer recharge areas: 1. Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, woodwaste, and inert and demolition waste landfills; 2. Underground Injection Wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5×13, 5×14, 5×15, 5W20, 5×28, and 5N24 of Class V wells; 3. Mining: a. Metals and hard rock mining. b. Sand and gravel mining, prohibited from critical aquifer recharge areas determined to be highly susceptible or vulnerable. c. Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade). d. Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process, or dispose of radioactive substances. 4. Other Prohibited Uses or Activities: a. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source. b. Activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream. City of Ridgefield Shoreline Master Program 5A-34 Effective December 17, 2012 c. Activities that are not connected to an available sanitary sewer system, prohibited from critical aquifer recharge areas associated with sole source aquifers. (Ord. 903 § 2(part), 2006). 18.280.150 - Wetlands. A. Designating and Rating Wetlands. 1. Designating Wetlands. Wetlands are those areas, designated in accordance with the Washington State Wetland Identification and Delineation Manual (1997, or as revised by Ecology) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0), US Army Corps of Engineers, 2010 or as revised, 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 generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created (but not as mitigation for impacts to wetlands) 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 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands shall include those artificial wetlands intentionally created from non-wetland areas to mitigate conversion of wetlands. Final designations shall be based on site conditions and other available data or information (See RMC 18.280.030(A)(1)). 2. Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology (Ecology) wetland rating system found in Hruby, 2004, Washington State Wetlands Rating System for Western Washington, Ecology publication #04-06-025, or as revised by Ecology. The rating system document contains the definitions and methods for determining if the criteria below are met. 3. Wetland Rating Categories. a. Category I. Category I wetlands are those that meet one or more of the following criteria: i. Wetlands that are identified by scientists of the Washington Department of Natural Resources Washington Natural Heritage Program as high quality, relatively undisturbed wetlands or wetlands that support state-listed threatened or endangered plants; ii. Bogs larger than one-half acre; iii. Mature and old growth forested wetlands larger than one acre; iv. Wetlands that perform many functions well, as indicated by scoring seventy points (out of one hundred) in the rating system. b. Category II. Category II wetlands are those that meet one or more of the following criteria: i. Bogs between one-fourth and one-half acre in size; City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-35 ii. Wetlands with a moderately high level of functions, as indicated by scoring fifty- one to sixty-nine in the Ecology rating system. c. Category III. Category III wetlands are those with a moderate level of functions, as indicated by scoring thirty to fifty in the Ecology rating system. d. Category IV. Category IV wetlands are those with a low level of functions, as indicated by scoring less than thirty in the Ecology rating system. B. Additional Critical Areas Report Requirements. A critical area report for wetlands shall be prepared by a professional ecologist or biologist according to the Washington State Wetland Identification and Delineation Manual (1997, or as revised by Ecology) and the Hruby, 2004, Washington State Wetlands Rating System for Western Washington, Ecology publication #04-06-025 (or as revised by Ecology). The critical area report shall contain an analysis of the wetlands including the following site- and proposal- related information: 1. A written assessment, data sheets and accompanying maps of any wetlands or buffers on the site including the following information: a. Hydrogeomorphic (HGM) classification. b. Wetland category. c. Wetland delineation and required buffers. d. Existing wetland acreage. e. Vegetative, faunal, and hydrologic characteristics. f. Soil types and substrate conditions. g. Topographic elevations, at one-foot contours. h. A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, evidence of recharge or discharge, evidence of water depths throughout the year - drift lines, algal layers, moss lines, and sediment deposits). 2. Functional evaluation for the wetland and buffer using Ecology's most current approved method and including the reference of the method and all data sheets. 3. Proposed mitigation, if needed, including a written description and accompanying maps of the mitigation area, including the following information: a. Existing and proposed wetland acreage; b. Existing and proposed vegetative and faunal conditions; c. Surface and subsurface hydrological conditions of existing and proposed wetlands and hydrologically associated wetlands including an analysis of existing hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas; City of Ridgefield Shoreline Master Program 5A-36 Effective December 17, 2012 d. Relationship to lakes, streams and rivers in the watershed; e. Soil type and substrate conditions; f. Topographic elevations, at one-foot contours; and g. Required wetland buffers including existing and proposed vegetation. C. Performance Standards. 1. General Requirements. Development or clearing activities shall protect the functions of wetlands and wetland buffers on the site. Activities shall result in no net loss of wetland or buffer functions. Protection may be provided by avoiding (the preferred protection) or minimizing and mitigating. a. In Category I wetlands only the following activities may be allowed: i. Installation of utilities such as water, sewer, stormwater conveyance, gas, electric, cable, fiber optic cable or telephone, expansion of existing roads, utilities and railroads and maintenance of existing levees or dikes, provided that impacts are minimized and that mitigation for any unavoidable impact to functions is conducted. New roads, dikes and levees shall only be allowed if compliance to Section 18.280.090 (Reasonable Use Exceptions) is demonstrated. ii. Trails and wildlife viewing structures provided that the trails and structures minimize the impact and are constructed so that they do not interfere with wetland hydrology. b. In Category II wetlands the following activities may be allowed: i. Activities allowed in Category I wetlands. ii. Enhancement and restoration activities aimed at protecting the soil, water, vegetation or wildlife. iii. Activities that are mitigated in accordance with an approved critical areas report and an approved mitigation plan. c. In Category III and IV wetlands the following activities may be allowed: i. Activities allowed in Category I and II wetlands. ii. Activities that are mitigated in accordance with an approved critical areas report and an approved mitigation plan. d. Mitigation for the loss of acreage and functions shall be provided pursuant to an approved mitigation plan prepared by a qualified professional. 2. Wetland Buffers. a. Standard Buffer Widths. Standard buffer widths are those determined by the Department City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-37 of Ecology and described in Freshwater Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands or as revised by Ecology. Buffer widths are based on wetland category, wetland characteristics and land use intensity. If the existing buffer is not well- vegetated and does not provide adequate buffer function or wetland protection, the standard buffer shall either: (1) be planted; (2) be increased to the maximum; or (3) be planted and increased up to the maximum. The strategy employed shall be that recommended in a critical areas report by a qualified professional. b. Land use intensities are as follows: Table 18.280.150-1 Land Use Intensities Land Use Intensity Land Uses High Residential, Commercial or Industrial Moderate Park or Open Space Greenway Low Open Space Greenway or Open Space Natural i. Level of function for habitat, based on the Washington State Wetland Rating System is as follows: Table 18.280.150-2 Rating System Level of Function Habitat Score in Rating System High 29—36 Moderate 20—28 Low <20 ii. Buffer widths are measured horizontally from the edge of the wetland and are as follows: (A) Category I wetlands: City of Ridgefield Shoreline Master Program 5A-38 Effective December 17, 2012 Table 18.280.150-3 Category I Wetland Buffer Widths Wetland Characteristics Land Use Intensity Buffer Width (in feet) Standard = Maximum Natural heritage wetlands or bogs High 250 = Maximum Moderate 190 = Maximum Low 125 = Maximum Forested wetlands—High habitat function High 300 = Maximum Moderate 225 = Maximum Low 150 = Maximum Forested wetlands— Moderate habitat function High 150 = Maximum Moderate 110 = Maximum Low 75 = Maximum Forested wetlands—Low habitat function High 100 = Maximum Moderate 75 = Maximum Low 50 = Maximum Other Category 1 wetlands—High habitat function High 300 = Maximum Moderate 225 = Maximum Low 150 = Maximum Other Category 1 wetlands— Moderate habitat function High 150 = Maximum Moderate 110 = Maximum Low 75 = Maximum Other Category 1 wetlands—Low habitat function High 100 = Maximum Moderate 75 = Maximum Low 50 = Maximum City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-39 (B) Category II wetlands: Table 18.280.150-4 Category II Wetland Buffer Widths Wetland Characteristics Land Use Intensity Buffer Width (in feet) Standard up to Maximum High habitat function High 200 – 300 Moderate 150 – 225 Low 100 – 150 Moderate habitat function High 100 – 150 Moderate 75 – 110 Low 50 – 75 Low habitat function High 90 – 100 Moderate 65 – 75 Low 35 – 50 (C) Category III wetlands: Table 18.280.150-5 Category III Wetland Buffer Widths Wetland Characteristics Land Use Intensity Buffer Width (in feet) Standard up to Maximum and Standard = Maximum Moderate habitat function High 100 – 150 Moderate 75 – 110 Low 50 – 75 Low habitat function High 80 = Maximum Moderate 60 = Maximum Low 40 = Maximum City of Ridgefield Shoreline Master Program 5A-40 Effective December 17, 2012 (D) Category IV wetlands: Table 18.280.150-6 Category IV Wetland Buffer Widths Wetland Characteristics Land Use Intensity Buffer Width (in feet) Standard = Maximum All Category IV wetlands High 50 = Maximum Moderate 40 = Maximum Low 25 = Maximum (E) All buffers shall be measured from the wetland boundary as surveyed in the field. (F) Areas which are completely functionally separated from a wetland and do not protect the wetland from adverse impacts may be excluded from buffers otherwise required. iii. Buffer Width Averaging. The shoreline administrator may allow buffer width averaging in accordance with an approved critical area report on a case-by-case basis. Buffer width averaging shall not be used in combination with buffer width reduction or a minor exception on the same buffer segment to reduce the minimum buffer width below that specified in this chapter. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: (A) Such averaging will not reduce wetland functions or functional performance; and (B) The wetland varies in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; and (C) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and (D) The buffer width is reduced by no more than fifty percent of the standard width and at no point to less than twenty-five feet. iv. Buffer Width Reduction. The shoreline administrator may authorize the reduction of required buffer widths to a lesser width by no more than twenty-five percent City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-41 provided that an applicant demonstrates compliance with the following: (A) Written evidence prepared by a qualified ecologist or biologist addressing the proposed buffer width reduction and demonstrating how the reduced buffer will enhance the functions and values of the adjacent wetland. (B) The remaining buffer area shall be intensely planted with a mixture of native vegetation pursuant to an approved landscape plan prepared by a qualified ecologist or biologist or prepared by a registered landscape architect in the State of Washington and reviewed and certified by a qualified ecologist or biologist certifying that the plantings to be used in the remaining buffer area will compliment and support the functions and values of the adjacent wetland. (C) The remaining buffer area shall be managed by the applicant or applicant's successor in interest for a minimum of three five years following the city's final acceptance of any portion or phase of the project. A detailed management plan prepared by a qualified ecologist or biologist shall be submitted for city review and approval prior to the city's authorization of any on-site construction, unless otherwise authorized by the shoreline administrator. The detailed management plan shall address among other things the replanting of dead or dying plant material, the contents and submittal to the city of annual monitoring report prepared by a qualified ecologist or biologist with the cost of this report to be borne entirely by the applicant or applicant's successor in interest and methods to address any identified problems with the buffer's support of the functional value of the adjacent wetland. (D) Buffer width reduction shall not be used in combination with buffer width averaging on the same buffer segment, but can be used in combination with the same wetland resource. (E) The city will establish a list of qualified professionals through appropriate annual advertisement and receipt of statements of qualifications. Individuals or firms selected to be on the list of qualified professionals will be required to abide by professional performance standards established by the city, provided that the city retains the discretion to modify these standards as it deems appropriate. Qualified individual or firms that are recognized and accepted by the city shall not have to have their submitted work products reviewed by a third party. v. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be maintained according to the approved critical area permit. vi. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this chapter; provided, they are not prohibited by any other applicable law or regulation and they are conducted in a manner so as to minimize impacts to the buffer and the wetland: (A) Activities allowed under the same terms and conditions as in the associated wetlands (B) Enhancement and restoration activities aimed at protecting the soil, water, City of Ridgefield Shoreline Master Program 5A-42 Effective December 17, 2012 vegetation or wildlife. (C) Passive recreation facilities including trails and wildlife viewing structures, provided that the trails and structures are constructed with a surface that does not interfere with wetland hydrology. When practicable and appropriate trails may be constructed of permeable surfaces, should be located in the outer twenty-five percent of a buffer and should be designed to avoid the removal of significant trees. The city engineer shall have the discretion to determine the surface material and location of trails to ensure compliance to the city's engineering standards and state or federal accessibility requirements. (D) Stormwater management facilities limited to detention facilities, constructed wetlands, stormwater dispersion outfalls and bioswales, may be constructed in the outer twenty-five percent of the buffers of Category III or IV wetlands in accordance with an approved critical area report. 3. Signs and Fencing of Wetlands. a. The location of the outer perimeter of the wetland and buffer shall be marked in the field, and such marking shall be approved by the shoreline administrator prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. b. A permanent physical demarcation along the upland boundary of the wetland buffer shall be installed and thereafter maintained. Such demarcation may consist of fencing, hedging or other prominent physical marking that allows wildlife passage, blends with the wetland environment, and is approved by the shoreline administrator. c. Permanent fencing of the wetland buffer on the outer perimeter shall be erected and thereafter maintained when there is a substantial likelihood of the presence of domestic grazing animals within the property unless the shoreline administrator determines that the animals would not degrade the functions of the wetland or buffer. d. Wood or metal signs shall be posted at an interval of one per lot for single family residential uses or at a maximum interval of two hundred feet or as otherwise determined by the shoreline administrator, and must be perpetually maintained by the property owner. The sign shall be worded as follows or with alternative language approved by the shoreline administrator: "The area beyond this sign is a wetland or wetland buffer. Alteration or disturbance is prohibited by law. Please call the City of Ridgefield for more information." 4. Compensatory Mitigation. Compensatory mitigation for impacts to wetlands shall be provided pursuant to Table 18.280-7 and shall be consistent with the Department of Ecology Guidance on Wetland Mitigation in Washington State, Part 1: Laws, Rules, Policies, and Guidance Related to Wetland Mitigation, Ecology publication # 04-06-013a, or as revised by Ecology. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when: a. The lost wetland provides minimal functions as determined by a site-specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limited within a watershed through a formal Washington state watershed assessment plan or protocol; or City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-43 b. Out-of-kind replacement will best meet formally identified watershed goals, such as replacement of historically diminished wetland types. 5. Mitigation Actions: a. Creation. The manipulation of the physical, chemical or biological characteristics present to develop a wetland on an upland or deepwater site where a biological wetland did not previously exist. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, hydric soils, and support the growth of hydrophytic plant species. Creation results in a gain in wetland acres and functions. b. Re-establishment. The manipulation of the physical, chemical or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities could include removing fill material, plugging ditches or breaking drain tiles. Re-establishment results in a gain in wetland acres and functions. c. Rehabilitation. The manipulation of the physical, chemical or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Activities could involve breaching a dike to reconnect wetlands to a floodplain, restoring tidal influence to a wetland, or breaking drain tiles and plugging drainage ditches. Rehabilitation results in a gain in wetland functions but not in wetland acres. d. Enhancement. The manipulation of the physical, chemical or biological characteristics of a biological wetland to increase or improve specific functions or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations to result in open water ponds, or some combination of these. Enhancement results in a change in certain wetland functions and can lead to a decline in other wetland functions. It does not result in a gain in wetland acres. e. Type and location of mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be either in-kind and on-site, or in-kind and within the same stream reach or watershed. Mitigation actions shall be conducted within the same watershed as the project site and on the same site as the alteration except when all of the following apply: i. Based on a determination of the natural capacity of the site to mitigate for the impacts, there are no reasonable on-site or in-watershed opportunities or on-site and in- watershed opportunities do not have a high likelihood of success. Consideration shall include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands when restored, proposed flood storage capacity, and potential to impact riparian fish and wildlife habitat including connectivity. ii. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland. iii. Off-site locations shall be in the same watershed unless: (A) Watershed goals for water quality, flood or conveyance, habitat or other City of Ridgefield Shoreline Master Program 5A-44 Effective December 17, 2012 wetland functions have been established and strongly justify location of mitigation at another site; or (B) Credits from a certified wetland mitigation bank are used as mitigation and the use of credits is consistent with the terms of the bank's certification. 6. Mitigation Ratios: a. Acreage Replacement Ratios. i. The replacement ratios shall apply to wetland mitigation that is for the same hydrogeomorphic class (depressional, riverine, lacustrine or slope wetlands), on-site, the same category, and timed prior to or concurrent with alteration and that has a high probability of success. ii. The ratios are based on replacing a Category I or II wetland with a Category II wetland and replacing a Category III or IV wetland with a Category III wetland. iii. The ratios do not apply to the use of credits from a state certified wetland mitigation bank. When credits from a certified bank are used, replacement ratios should be consistent with the requirements of the bank's certification. iv. If the wetland area impacted is replaced at a 1:1 ratio through re-establishment, creation or rehabilitation, the remainder of the area needed for mitigation can be replaced by enhancement. v. Mitigation ratios. The mitigation ratios specified in Table 18.280-7 are to be considered target mitigation ratios that the city shall attempt to achieve, however, the city shall have the authority to determine the appropriate mitigation ratio on a case-by- case basis. The shoreline administrator shall determine the appropriate mitigation ratio on a case-by case basis following review and consideration of the submitted mitigation plan. The mitigation ratio applied on a case-by-case basis may be greater or less than the target mitigation ratio as determined by the shoreline administrator. Table 18.280.150-7 Mitigation Ratios Wetland Category and Type Reestablishment or Creation Rehabilitation 1:1 Reestablishment or Creation (R-C) Plus Enhancement Enhancement Only Category I bog Not considered possible 6:1 Case-by-case Case-by-case Category I natural heritage site Not considered possible 6:1 Case-by-case Case-by-case City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-45 Wetland Category and Type Reestablishment or Creation Rehabilitation 1:1 Reestablishment or Creation (R-C) Plus Enhancement Enhancement Only Category I forested 6:1 12:1 1:1 R-C 10:1 E 24:1 Category I based on score for functions 3:1 8:1 1:1 R-C 64:1 E 16:1 Category II 3:1 8:1 1:1 R-C 4:1 E 12:1 Category III 2:1 4:1 1:1 R-C 1:1 E 8:1 Category IV 1.5:1 3:1 1:1 R-C 2:1 E 6:1 b. Increased or Decreased Mitigation Ratios. The preceding table provides target mitigation ratios. Ratios may be increased or decreased to address site-specific situations. It is up to the project proponent to provide the justification for a decrease in the standard ratios. i. Increased Replacement Ratio. The shoreline administrator may increase the ratios under the following circumstances: (A) Uncertainty exists as to the probable success of the proposed restoration or creation; or (B) A significant period of time will elapse between impact and replication of wetland functions; or (C) Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or (D) The impact was an unauthorized impact. ii. Decreased Replacement Ratio. The department may decrease the ratios under the following circumstances: (A) Documentation by a qualified wetland specialist demonstrates that the proposed mitigation actions have a very high likelihood of success. (B) Documentation by a qualified wetland specialist demonstrates that the City of Ridgefield Shoreline Master Program 5A-46 Effective December 17, 2012 proposed mitigation actions will provide functions and values that are significantly greater than the wetland being impacted; or (C) The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful. 7. Mitigation Timing. The mitigation shall be prior to or concurrent with alteration or as soon as feasible. 8. Wetland Mitigation Banks. a. Credits from a wetland mitigation bank may be approved for use as mitigation for unavoidable impacts to wetlands when: i. The bank is certified under Chapter 173-700 WAC; and, ii. The shoreline administrator determines that the wetland mitigation bank provides appropriate mitigation for the authorized impacts; and iii. The proposed use of credits is consistent with the terms and conditions of the bank's certification. b. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. c. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions. (Ord. 903 § 2(part), 2006). 18.280.160 - Appeal procedure. Unless otherwise stated herein, appeals shall be processed in accordance with the procedures of Section 7.4.2. A. Appeals of administrative decisions issued pursuant to the provisions of this chapter shall be made to the city's hearing examiner pursuant to the city's currently adopted appeal procedures for administrative decision-making. B. Appeals of a hearing examiner's final order addressing compliance to this chapter shall be made pursuant to the city's currently adopted appeal procedures for quasi-judicial decision-making. (Ord. 903 § 2(part), 2006). 18.280.170 - Definitions. Chapter 5A, RMC 18.280.170, Critical Areas Protection; Chapter 5A, RMC 18.750.010; and Chapter 8, Definitions contain several of the same or similar definitions. These definitions are to be read and interpreted together to fulfill the purposes and policies of the Act and this Program, giving deference to City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-47 RCW 90.58 definitions and highest priority to protection of shoreline ecological functions. See Sections 1.5 and 1.7(4). "Active fault" means a fault that is considered likely to undergo renewed movement within a period of concern to humans. Faults are commonly considered to be active if the fault has moved one or more times in the last ten thousand years. "Adjacent" means immediately adjoining (in contact with the boundary of the influence area) or within a distance less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. Adjacent shall mean any activity or development located: a. On site immediately adjoining a critical area; or b. A distance equal to or less than the required critical area buffer width and building setback. "Alteration" means any human-induced [City Option: anthropogenic] change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading, filling, dredging, channelizing, clearing (vegetation), applying pesticides, discharging waste, construction, compaction, excavation, modifying for storm water management, relocating, or other activities that change the existing landform, vegetation, hydrology, wildlife, or habitat value, of critical areas. "Anadromous fish" means fish that spawn in fresh water and mature in the marine environment. "Applicant" means a person who files an application for a permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person. "Aquifer recharge area" means an area that, due to the presence of certain soils, geology, and surface water, acts to recharge ground water by percolation. "Best available science" means current scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through WAC 365-195-925. "Best management practices" means conservation practices or systems of practice and management measures that: a. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; b. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and the chemical, physical, and biological characteristics of wetlands; c. Protect trees and vegetation designated to be retained during and following site construction; and d. Provides standards for proper use of chemical herbicides within critical areas. "Buffer" means the zone contiguous with a critical area that is required for the continued maintenance, function, and structural stability of the critical area. City of Ridgefield Shoreline Master Program 5A-48 Effective December 17, 2012 "Building setback line (BSBL)" means a line beyond which the foundation of a structure shall not extend. "Channel migration zone (CMZ)" means the lateral extent of likely movement along a stream or river during the next one hundred years as determined by evidence of active stream channel migration movement over the past one hundred years. "City" means the City of Ridgefield. "Clearing" means the removal of vegetation by any means and includes cutting or grubbing vegetation. "Community development director" means the community development director for the City of Ridgefield or his or her designee. "Compensation project" means actions specifically designed to replace project-induced critical area and buffer losses. Compensation project design elements may include, but are not limited to, land acquisition, planning, construction plans, monitoring, and contingency actions. "Compensatory mitigation" means types of mitigation used to replace project-induced critical area and buffer losses or impacts. "Critical aquifer recharge area" means areas designated by WAC 365-190-080(2) that are determined to have critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). "Critical areas" means any of the following areas or ecosystems: wetlands, critical aquifer recharge areas, streams, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas as defined by the Growth Management Act (RCW 36.70A.170) and designated in Chapter 5A. "Critical facility" means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency installations, and installations that produce, use or store hazardous materials or hazardous waste. "Developable area" means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this chapter. "Erosion" means the process by which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. "Erosion hazard area" means those areas that because of natural characteristics, including vegetative cover, soil texture, slope gradient, and rainfall patterns, or human-induced changes to such characteristics, are vulnerable to erosion. "Fish and wildlife habitat conservation areas" means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5). These areas include: a. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association; b. Habitats of local importance, including, but not limited to, areas designated as priority habitat by the department of fish and wildlife; City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-49 c. Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish and wildlife habitat; d. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface water and watercourses within the jurisdiction of the state of Washington; e. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; f. State natural area preserves and natural resources conservation areas; and g. Land essential for preserving connections between habitat blocks and open spaces. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff or surface waters from any source. "Floodplain" means any land area susceptible to being inundated by floodwaters from any source. "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping. "Formation, confining" means the relatively impermeable formation immediately overlaying a confined aquifer. "Frequently flooded areas" means lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the director, in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the one-hundred-year floodplain designations of the Federal Emergency Management Agency (FEMA) and National Flood Insurance Protection (NFIP). Designation on Flood Insurance Rate Maps (FIRM) always includes the letter A. "Functions and values" means the beneficial roles served by critical areas, including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, ground water recharge and discharge, erosion control, and recreation. "Geologically hazardous areas" means areas that may not be suited to development consistent with public health, safety or environmental standards, because of their susceptibility to erosion, sliding, earthquake, or other geological events as designated by WAC 365-190-080(4). Types of geologically hazardous areas include erosion, landslide, seismic, volcanic hazards, and mine. "Grading" means any excavation, clearing, filling, leveling, or contouring of the ground surface by human or mechanical means. "Hazard areas" means areas designated as frequently flooded or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geologically hazardous conditions, including steep slopes. "High-intensity land use" means land uses consisting of commercial, urban, industrial, institutional, retail, residential with more than one unit per acre, agricultural (dairies, nurseries, raining and harvesting crops, requiring annual tilling, raising and maintaining animals), high-intensity recreation (golf courses, ball City of Ridgefield Shoreline Master Program 5A-50 Effective December 17, 2012 fields), and hobby farms. "Heavy equipment" means such construction machinery as backhoes, treaded tractor, dump trucks, and front-end loaders. "Hydraulic project approval (HPA)" means a permit issued by the State of Washington's Department of Fish and Wildlife for modification to waters of the state in accordance with RCW Chapter 75.20. "Impervious surface area" means any non-vertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle including, but not limited to, roof tops swimming pools, paved or graveled roads and walkways or parking areas and excluding landscaping and surface water retention/detention facilities. "Isolated wetland" means those wetlands that are outside of and not contiguous to any one-hundred-year floodplain, lake, river, or stream and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. "Lake" means an area permanently inundated by water in excess of two meters deep and greater than twenty acres in size measured at the ordinary high water mark. "Landslide" means episodic down slope movement of a mass of soil or rock that includes, but is not limited to, rock falls, slumps, mudflows, and earth flows. "Landslide hazard areas" means areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. "Low-intensity land use" means and includes, but is not limited to, forestry, open space (such as passive recreation and natural resources preservation). "Minor utility project" means the placement of a utility pole, street sign, anchor, vault, or other small component of a utility facility, where the disturbance of an area is less than seventy-five square feet. "Mitigation" means the process of minimizing or compensating for adverse environmental impact(s) of a proposal on a critical area. "Monitoring" means the collection of data by various methods for the purpose of understanding natural systems and features, evaluating the impact of development proposals on such systems, and/or assessing the performance of mitigation measures imposed as conditions of development. "Native vegetation" means plant species that are indigenous to the region. "Ordinary high water mark" means on all lakes, streams, and tidal waters, the biological vegetation mark that indicates the "ordinary" high water level (WAC 173-22-030(11)). "Practical alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impact to critical areas. "Priority habitat" means habitat types or elements with unique or significant value to one or more species as classified by the state department of fish and wildlife. City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-51 "Qualified professional" means a person with experience and training in the pertinent scientific discipline, and who is a qualified expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental sciences, fisheries, geomorphology or related field, and two years of related work experience. a. A qualified professional for habitats or wetlands must have a degree in biology or a related environmental science and professional experience related to the subject. b. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington. c. A qualified professional for critical aquifer recharge areas must be a hydrologist, geologist, engineer, or other scientist with experience in preparing hydrological assessments. "Reasonable use" means a legal concept articulated by federal and state courts in regulatory taking cases. "Riparian habitat" means areas adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other. "Salmonid" means a member of the fish family Salmonidae. In King County, chinook, coho, chum, sockeye, and pink salmon; cutthroat, brook, brown, rainbow, and steelhead trout; kokanee; and native char (bull trout and Dolly Varden). "Section 404 permit" means a permit issued by the Army Corp of Engineers for the placement of dredge or fill material waterward of the ordinary high water mark or clearing in waters of the United States, including wetlands, in accordance with 33 United State Code (USC) Section 1344. "Seismic hazard areas" means area that are subject to severe risk of damage as a result of earthquake- induced ground shaking, slope failure, settlement, or soil liquefaction. "Species, threatened and endangered" means those native species that are listed in rule by the state department of fish and wildlife pursuant to RCW 77.12.070 as threatened (WAC 232-12-011) or endangered (WAC 232-12-014), or that are listed as threatened and endangered under the federal Endangered Species Act (16 U.S.C. 1533). "Steep slopes" means those slopes forty percent or steeper within a vertical elevation change of at least ten feet. A slope is defined by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. "Stream" means any portion of a watercourse, either perennial or intermittent, where the surface water flow is sufficient to produce a defined channel or bed. Streams also include natural watercourses modified by humans. Streams do not include irrigation ditches, canals, stormwater run-off facilities, or other entirely artificial watercourses. "Topping" means the severing of main trunks or stems of vegetation at any place above twenty-five percent of the vegetation height. "Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. City of Ridgefield Shoreline Master Program 5A-52 Effective December 17, 2012 "Understory" means the vegetation layer of a forest that includes shrubs, herbs, grasses, and grass-like plants, but excludes trees. "Utility" means a service and/or facility that produces, transmits, carries, stores, processes, or disposes of electrical power, gas, potable water, stormwater, communications (including, but not limited to, telephone and cable), sewage, oil and the like. "Vegetation" means plant life growing below, at, and above the soil surface. "Vegetation alteration" means any clearing, grading, cutting, topping, limbing, or pruning of vegetation. "Water resources inventory area (WRIA)" means one of sixty-two watersheds in the state of Washington, each composed of the drainage areas of a stream or streams, as established in Chapter 173-500 WAC as it existed on January 1, 1997. "Water typing system" means the system used to classify freshwater surface water systems. Current regulations establish "interim" water typing (1-5) until fish habitat water type maps are available for permanent water typing (S, F, Np, Ns) (WAC 222-16-031). "Wetland" means as defined by RCW 36.70 or as here after amended, those areas that are inundated or saturated by ground or surface water or groundwater 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 generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those 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 conversion of wetlands. "Wetlands rating system" means wetlands shall be rated according to the Washington State Wetland Rating System for Western Washington, Department of Ecology, Publication #93-74, or as revised. (Ord. 903 § 2(part), 2006). City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-53 Chapter 18.750 - FLOOD CONTROL* Sections: 18.750.010 - Definitions. 18.750.020 - Findings of fact, statement of purpose and methods of reducing flood losses. 18.750.030 - General provisions. 18.750.040 - Administration. 18.750.050 - Provisions for flood hazard reduction. 18.750.060 - Specific standards. 18.750.010 - Definitions. As used in this chapter, the following terms have a specific definition that supersedes any similar definition in RDC 18.100. Chapter 5A, RMC 18.280.170, Critical Areas Protection; Chapter 5A, RMC 18.750.010; and Chapter 8, Definitions contain several of the same or similar definitions. These definitions are to be read and interpreted together to fulfill the purposes and policies of the Act and this Program, giving deference to RCW 90.58 definitions and highest priority to protection of shoreline ecological functions. See Sections 1.5 and 1.7(4). "Appeal" means a request for a review of the interpretation of any provision of this chapter or a request for a variance. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "one-hundred-year flood"); designated on Flood Insurance Rate Maps by the letter A. “Base Flood Elevation (BFE)” means the water surface elevation of the base flood. The BFE is referenced to the North American Vertical Datum (NAVD) 1988 and shown on the Flood Insurance Rate Map (FIRM) for A zones. "Basement" means any area of the building having its floor sub-grade (below ground level) on all sides. "Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. "Cumulative substantial damage" means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. "Elevated building" means for insurance purposes, a non-basement building that has its lowest elevated City of Ridgefield Shoreline Master Program 5A-54 Effective December 17, 2012 floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "Elevation certificate" means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials. “Federal Emergency Management Agency (FEMA)” means the agency that oversees the administration of the National Flood Insurance Program (44 CFR). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study (FIS)" means the official report provided by the Federal Insurance Administration that includes flood profiles and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Increased cost of compliance" means a flood insurance claim payment up to thirty thousand dollars directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage." (More information can be found in FEMA ICC Manual 301.) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at Section 18.750.060(A)(2), (i.e., provided there are adequate flood openings). "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. "Recreational vehicle" means a vehicle: 1. Built on a single chassis; City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-55 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term can exclude: 1. Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places. "Variance" means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter. "Water-dependent" means a structure for commerce or industry that cannot exist in any other location and City of Ridgefield Shoreline Master Program 5A-56 Effective December 17, 2012 is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 971 § 2 (part), 2007). 18.750.020 - Findings of fact, statement of purpose and methods of reducing flood losses. A. Findings of Fact. 1. The flood hazard areas of the city of Ridgefield is subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. B. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public money and costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard; 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. C. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for: 1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-57 3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Controlling filling, grading, dredging, and other development which may increase flood damage; and 5. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas. Figure 1. Frequently Flooded Areas. Adapted from Floodplain Management: A Local Administrator's Guide to the National Flood Insurance Program, Fifth Edition, FEMA Region X. (Ord. 971 § 2 (part), 2007). 18.750.030 - General provisions. A. Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Ridgefield. B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report titled "The Flood Insurance Study for Clark County, Washington, and Incorporated Areas" dated September 5, 2012, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at Ridgefield City Hall, 230 Pioneer Avenue, Ridgefield, Washington. The best available information for flood hazard area identification as outlined in Section 18.750.040(D)(2) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under section 18.750.040(D)(2). C. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions), shall be City of Ridgefield Shoreline Master Program 5A-58 Effective December 17, 2012 remedied through the provisions of Chapter 18.395, Enforcement Procedures and PenaltiesSMP Chapter 7. Nothing herein contained shall prevent the city of Ridgefield from taking such other lawful action as is necessary to prevent or remedy any violation. D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Ridgefield, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 971 § 2 (part), 2007). 18.750.040 - Administration. A. Shoreline Development Permit Required. A shoreline development permit (Shoreline Substantial Development Permit (SSDP), Shoreline Conditional Use Permit (SCUP), and/or Shoreline Variance (SVAR) or Shoreline Statement of Exemption (SSOE)) shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.750.030(B). The permit shall be for all structures including manufactured homes, as set forth in the "definitions," and for all development including fill and other activities, also as set forth in the "definitions." B. Application for Shoreline Development Permit. Application for a shoreline development permit shall be made on forms furnished by the building official or his/her designeeshoreline administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with Section B completed by the building official; 2. Elevation in relation to mean sea level to which any structure has been floodproofed; 3. Certification by a registered professional engineer or architect that the floodproofing methods City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-59 for any nonresidential structure meet the required floodproofing criteria established in Section 18.750.060(B); 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 5. Location of the channel migration zone. See the Inventory & Characterization Report, Volume 1, Lewis and Salmon-Washougal Watersheds and Rural Areas, Map 27, Potential Channel Migration Zone (CMZ) Areas for general locations of channel migration zones. The actual location of the channel migration zone on site must be identified by a qualified professional and mapped in accordance with the submittal requirements of RMC 18.280.050. C. Designation of the Local Administrator. The Ridgefield shoreline administrator (director) or his/her designee is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. D. Duties and Responsibilities of the LocalShoreline Administrator. Duties of the directorShoreline Administrator shall include, but not be limited to: 1. Shoreline Permit Review. a. Review all shoreline development permits to determine that the permit requirements of this chapter and this Program have been satisfied; b. Review all shoreline development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; c. Review all shoreline development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the floodway encroachment provisions of Section 18.750.050(F) are met. 2. Use of Other Base Flood Data (In A Zones). When base flood elevation data has not been provided (in A zones), the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer this chapter. 3. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or where required by Section 18.750.040(D)(2), obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. Elevation shall be recorded on a current elevation certificate (FF 81-31) with Section B completed by the building official. b. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in Section 18.750.040(D)(2): i. Obtain and record the elevation (in relation to mean sea level) to which the City of Ridgefield Shoreline Master Program 5A-60 Effective December 17, 2012 structure was floodproofed, ii. Maintain the floodproofing certifications required in Section 18.750.060(B)(3); c. Maintain for public inspection all records pertaining to the provisions of this chapter. 4. Alteration of Watercourses. a. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. c. Prohibit alterations that would change the watercourse dynamics, including the channel migration zone, such that existing development could be endangered. 5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the rules and regulations of the National Flood Insurance Program (44 CFR 59-76) and shall be processed through a Type III procedure pursuant to RMC 18.310.100. 6. Conditions for Variances. Variances to provisions of this Chapter 5A, 18.750 are subject to the following standards and the provisions of SMP Section 2.6 and will be processed using the Shoreline Variance procedures of SMP Section 7.2.7. Variances to other provisions of the Ridgefield Development Code are subject to the provisions of RDC 18.350. a. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases, the technical justification required for issuing the variance increases. b. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d. Variances shall only be issued upon: i. A showing of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant (“Exceptional hardship” for an NFIP variance is described in a FEMA memorandum dated July 22, 1986 entitled Resource Materials on NFIP Variance Criteria available from the Shoreline Administrator.); City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-61 iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. e. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. f. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 18.750.040(D)(6)(a), and otherwise complies with the provisions for flood hazard reduction established in Sections 18.750.050(A), 18.750.050(C), and 18.750.050(D). g. Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. h. FEMA may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound floodplain management, FEMA may take appropriate action under 44 CFR 59.24(B). (Ord. 971 § 2 (part), 2007). 18.750.050 - Provisions for flood hazard reduction. A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. For more detailed information, refer to the latest edition of document FEMA P-85, “Protecting Manufactured Homes from Floods and Other Hazards.” B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment City of Ridgefield Shoreline Master Program 5A-62 Effective December 17, 2012 below the base flood elevation may cause annual flood insurance premiums to be increased. C. Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems; 2. Water wells shall be located on high ground that is not in the floodway; 3. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; 4. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision Proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage, and to that end shall locate structures outside the floodway and channel migration zone in accordance with Section 18.750.060(F); 2. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; 4. Where base flood elevation data has not been provided or is not available from another authoritative source, data shall be generated by the applicant for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less). E. Review of Building Permits. Where elevation data is not available either through the FIS, FIRM, or from another authoritative source listed in 18.750.040(D)(2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance premiums. (Ord. 971 § 2 (part), 2007). 18.750.060 - Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 18.750.030(B) or 18.750.040(D)(2), the following provisions shall apply. A. Residential Construction. 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation (BFE). 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-63 be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 3. Additional Requirements for Below-Grade Crawlspaces. See the latest version of FEMA Technical Bulletin 11 for additional information to supplement the following requirements. Crawlspace construction for buildings located in the special flood hazard areas is allowed; however, such construction can result in a 20% increase in flood insurance premiums. Figure 2. Preferred Crawlspace Construction vs. Below-Grade Crawlspace Construction. a. The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG), shown as D in Figure 3. b. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet (shown as L in Figure 3) at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas (see the section "Guidance for Pre-Engineered Crawlspaces," on page 7 of the latest version of FEMA Technical Bulletin 11). This limitation will also prevent these crawlspaces from being converted into habitable spaces. c. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by City of Ridgefield Shoreline Master Program 5A-64 Effective December 17, 2012 gravity or mechanical means. d. The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used. e. Below-grade crawlspace construction in accordance with the requirements listed above will not be considered basements. Figure 3. Requirements Regarding Below-Grade Crawlspace Construction. B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 18.750.040(D)(3)(b); 4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor for residential structures as detailed in Section 18.750.060(A). C. Manufactured Homes. All manufactured homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored City of Ridgefield Shoreline Master Program Effective December 17, 2012 5A-65 to an adequately anchored foundation system to resist flotation, collapse and lateral movement. D. Recreational Vehicles. Recreational vehicles placed on sites are required to either: 1. Be on the site for fewer than one hundred eighty consecutive days; or 2. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or 3. Meet the requirements of manufactured homes, including the elevation and anchoring requirements. E. AE Zones with Base Flood Elevations but No Floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. F. Floodways and Channel Migration Zones. Located within areas of special flood hazard are areas designated as floodways and channel migration zones. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, and channel migration zones are hazardous due to alteration of the location of the watercourse by natural processes, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge; 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: a. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area, and b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure either, i. Before the repair, or reconstruction is started, or ii. If the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the fifty percent; 3. If subsection (F)(1) above is satisfied, all new construction and substantial improvements shall City of Ridgefield Shoreline Master Program 5A-66 Effective December 17, 2012 comply with all applicable flood hazard reduction provisions of this chapter, including but not limited to Sections 18.750.050 and 18.750.060. G. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (one-hundred-year floodplain). Construction of new critical facilities shall be permissible within the SFHA in accordance with Section 18.750.060(F) if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the five-hundred-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 971 § 2 (part), 2007). City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-1 CHAPTER 6 SPECIFIC SHORELINE USE REGULATIONS 6.1 General Provisions 1. This chapter contains the regulations that apply to specific uses, developments, and activities in the shoreline jurisdiction. “Uses” refers to uses, structures, and/or developments as applicable. 2. These regulations are intended to work in concert with all sections of this Program and in particular the Goals and Policies (Chapter 3) and General Use and Development Regulations (Chapters 5 and 5A). 3. See Sections 1.7(6), 2.3.2(19), and 5.1(10) for policies and regulations related to environmental remediation actions. 6.2 Shoreline Use, Modification, and Standards Table 1. Each shoreline designation shall be managed in accordance with its designated purpose as described in Chapter 4 of this Program. Table 6-1 identifies those uses that are prohibited, may be permitted or permitted with a Shoreline Conditional Use Permit in each shoreline designation. In the event conflicts exist between the Table 6-1 and the text in this chapter, the text shall apply. 2. Table 6-1 also summarizes general setbacks and building heights for uses within each shoreline designation. These setbacks apply in conjunction with the critical areas requirements established in Chapter 5A of this Program. In the event a conflict exists between Table 6-1 and the requirements of Chapter 5 or 5A, the most protective of shoreline ecological functions shall apply. 3. In Table 6-1, setbacks are measured landward from the ordinary high water mark (OHWM) in the NT, UC, MI, HI, RC-RD, & RC-RL shoreline designations and waterward of the OHWM in the AQ Shoreline Designation. For transportation facilities and utilities, the setback from OHWM pertains to the right of way and not just the structure or pipeline. Building heights landward of the OHWM are calculated according to WAC 173-27-030(9). In the Aquatic shoreline designation, building heights are measured from the water surface, dock or pier: a. The height of floating homes includes the height of the float and their total height is measured from the water surface. b. The height of buildings on docks or piers is measured from the surface of the dock or the pier. 4. All the shoreline designations, even if they are not applied within the City limits or urban growth area are included in Table 6-1 to maintain consistency countywide. (See Sections 4.3.) The Natural and Medium Intensity shoreline City of Ridgefield Shoreline Master Program 6-2 Effective December 17, 2012 designations are not applied within the City of Ridgefield or its UGA. Rural Conservancy – Residential and Rural Conservancy – Resource Lands are rural shoreline designations not applicable within the City limits or urban growth area. 5. Classification of a use or development as “P” on Table 6-1 means the use/development may be allowed subject to review and approval by the City and/or Ecology. The City may attach conditions of approval to any permitted use via a permit or Shoreline Statement of Exemption as necessary to assure consistency of a project with the Act and this Program. Table 6-1. Shoreline Use, Modification and Development Standards Abbreviations P = Permitted; C = Conditional Use; X = Prohibited; N/A = Not Applicable; UNL = Unlimited. AQ (Both) NT (Both) UC (Urban) MI (Urban) HI (Urban) RC-RD (Rural) RC-RL (Rural) Shoreline Designation Aquatic Natural Urban Conservancy Medium Intensity High Intensity RC Residential RC Resource Lands Shoreline Uses Agriculture Agriculture X X C P P P P  Setback N/A N/A 100’ 100’ 100’ 100’ 100’  Height N/A N/A 35’ 35’ 35’ 35’ 35’ Aquaculture Aquaculture, General P X C C C C C  Setback 0’ N/A 50’ 50’ 50’ 50’ 50’ Boating Uses Motorized Boat Launches for public use or with mixed-use projects P X C C P P P  Setback 0’ N/A 0’ 0’ 0’ 0’ 0’ Non-motorized Boat Launches and Hand Launches for public use or with mixed-use projects P C P P P P P  Setback 0’ 0’ 0’ 0’ 0’ 0’ 0’ Motorized or Non-motorized Boat Launches, private for single-family residential use X X X X X X X  Setback N/A N/A N/A N/A N/A N/A N/A Marinas P X X C P C C  Setback 0’ N/A N/A 25’ 25’ 25’ 25’  Height - 0’-100’ from OHWM 20’ N/A N/A 25’ 35’ 25’ 35’ - >100’ from OHWM 20’ N/A N/A 35’ 45’ 35’ 45’ Docks and Piers for public use P X P P P P P  Setback 0’ N/A 0’ 0’ 0’ 0’ 0’  Setback from side property lines 10’ N/A 10’ 10’ 10’ 10’ 10’ City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-3 Abbreviations P = Permitted; C = Conditional Use; X = Prohibited; N/A = Not Applicable; UNL = Unlimited. AQ (Both) NT (Both) UC (Urban) MI (Urban) HI (Urban) RC-RD (Rural) RC-RL (Rural) Shoreline Designation Aquatic Natural Urban Conservancy Medium Intensity High Intensity RC Residential RC Resource Lands Floats, recreational for public use C C C C C C C  Setback 0’ 0' 0’ 0’ 0’ 0’ 0’ Docks, Piers, and Recreational Floats, private for single-family residential use X X X X X X X  Setback N/A N/A N/A N/A N/A N/A N/A Mooring Buoys X X X X X X X  Setback N/A N/A N/A N/A N/A N/A N/A Commercial Uses Water-dependent C X X P P C C  Setback 0’ N/A N/A 0’ 0’ 0’ 0’  Height - 0’-100’ from OHWM 15’ N/A N/A 35’ 75’ 35’ 35’ - >100’ from OHWM 15’ N/A N/A 45’ 75’ 45’ 45’ Water-related, Water-enjoyment X X X P P C C  Setback N/A N/A N/A 25’ 25’ 25’ 25’  Height - 0’-100’ from OHWM N/A N/A N/A 25’ 75’ 35’ 35’ - >100’ from OHWM N/A N/A N/A 35’ 75’ 45’ 45’ Non-water-oriented X X X C1 C1 X X  Setback (Millers Landing South)2 N/A N/A N/A N/A 25’3 N/A N/A  Setback (Millers Landing North, within 200’ north of Division Street alignment)2 N/A N/A N/A N/A 75’3 N/A N/A  Setback N/A N/A N/A 100’ 100’ N/A N/A  Height N/A N/A N/A 25’ 75’ N/A N/A Forestry Log Storage C X X X P X P  Setback 0’ N/A N/A N/A 50’ N/A 50’ Timber Harvest X X X P P P P  Setback N/A N/A 100’ 100’ 50’ 100’ 50’ Industrial Uses Water-dependent P X X X P X X  Setback 0’ N/A N/A N/A 0’ N/A N/A  Height - 0’-100’ from OHWM UNL N/A N/A N/A 60’ N/A N/A - >100’ from OHWM UNL N/A N/A N/A 60’ N/A N/A Water-related X X X X P X X  Setback N/A N/A N/A N/A 50’ N/A N/A  Height - 0’-100’ from OHWM N/A N/A N/A N/A 45’ N/A N/A - >100’ from OHWM N/A N/A N/A N/A 60’ N/A N/A City of Ridgefield Shoreline Master Program 6-4 Effective December 17, 2012 Abbreviations P = Permitted; C = Conditional Use; X = Prohibited; N/A = Not Applicable; UNL = Unlimited. AQ (Both) NT (Both) UC (Urban) MI (Urban) HI (Urban) RC-RD (Rural) RC-RL (Rural) Shoreline Designation Aquatic Natural Urban Conservancy Medium Intensity High Intensity RC Residential RC Resource Lands Non-water-oriented X X X X P X X  Setback N/A N/A N/A N/A 100’ N/A N/A  Height N/A N/A N/A N/A 35’ N/A N/A Institutional Uses Water-dependent C X C P P C C  Setback 0’ N/A 0’ 0’ 0’ 0’ 0’  Height - 0’-100’ from OHWM 20’ N/A 25’ 35’ 75’ 35’ 35’ - >100’ from OHWM 20’ N/A 35’ 45’ 75’ 45’ 45’ Water-related X X X P P C X  Setback N/A N/A N/A 25’ 25’ 50’ NA  Height - 0’-100’ from OHWM N/A N/A N/A 35’ 75’ 35’ N/A - >100’ from OHWM N/A N/A N/A 45’ 75’ 35’ N/A Non-water-oriented X X X C1 C1 X X  Setback (Millers Landing South)2 N/A N/A N/A N/A 25’3 N/A N/A  Setback (Millers Landing within 200’ north of Division Street alignment)2 N/A N/A N/A N/A 75’3 N/A N/A  Setback (Elsewhere) N/A N/A N/A 100’ 100’ N/A N/A  Height N/A N/A N/A 35’ 75’ N/A N/A Mining Gravel Mining X X X X X X X  Setback N/A N/A N/A N/A N/A N/A N/A Hard Rock Mining X X X X X X X  Setback N/A N/A N/A N/A N/A N/A N/A Parking Primary Use X X X X X X X  Setback N/A N/A N/A N/A N/A N/A N/A Accessory Use X X P P P P P  Setback N/A N/A 100’ 100’ 50’ 100’ 100’  Height N/A N/A 35’ 35’ 75’ 35’ 35’ Recreational Uses Water-dependent P P5 P P P P P  Setback 0’ 0’ 0’ 0’ 0’ 0’ 0’  Height 15’ 15’ 15’ 35’ 75’ 35’ 35’ Water-related/enjoyment (trails generally parallel to the shoreline, accessory buidlings) C4 C4 P P P P P  Setback 0’ 20’5 20’5 20’5 20’5 20’ 20’  Height 15’ 15’ 15’ 35’ 75’ 35’ 35’ City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-5 Abbreviations P = Permitted; C = Conditional Use; X = Prohibited; N/A = Not Applicable; UNL = Unlimited. AQ (Both) NT (Both) UC (Urban) MI (Urban) HI (Urban) RC-RD (Rural) RC-RL (Rural) Shoreline Designation Aquatic Natural Urban Conservancy Medium Intensity High Intensity RC Residential RC Resource Lands Public access connections generally perpendicular to the shoreline to water- related/enjoyment features (viewpoints, fishing piers) P C4 P P P P P  Setback 0’5 0’ 0’ 0’ 0’ 0’ 0’ Non-water-oriented (golf courses, sports fields) X X C C C C X  Setback N/A N/A 100’ 100’ 100’ 200’ N/A  Height N/A N/A 25’ 25’ 75’ 15’ N/A Residential Uses and Floating Homes Single-family6 X X P P X P P  Setback N/A N/A 100’ 50’ N/A 100’ 100’  Height N/A N/A 35’ 35’ N/A 35’ 35’  Density N/A N/A In accordance with the underlying zoning Multifamily X X X P P X X  Setback (Millers Landing South)2 N/A N/A N/A N/A 25’3 N/A N/A  Setback (Millers Landing within 200’ north of Division Street alignment)2 N/A N/A N/A N/A 75’3 N/A N/A  Setback N/A N/A N/A 35’ 35’ N/A N/A  Height N/A N/A N/A 35’ 75’ N/A N/A  Density N/A N/A N/A In accordance with the underlying zoning N/A N/A Floating homes (new)7 X N/A N/A N/A N/A N/A N/A  Height N/A N/A N/A N/A N/A N/A N/A Floating homes (existing)7 P N/A N/A N/A N/A N/A N/A  Height Existing N/A N/A N/A N/A N/A N/A Floating Homes (remodeled, rebuilt, replaced or relocated)7 P N/A N/A N/A N/A N/A N/A  Height (total of float and structure from water surface)7 35’ N/A N/A N/A N/A N/A N/A Signs Agricultural X X X X P P P  Height N/A N/A N/A N/A In compliance with RMC 18.710. Fascia or Wall Signs X X X P P P P Free Standing Informational P P P P P P P  Height 15’8 In compliance with RMC 18.710. High School Electronic Message X X X P P P P  Height N/A N/A N/A In compliance with RMC 18.710. Monument X P P P P P P City of Ridgefield Shoreline Master Program 6-6 Effective December 17, 2012 Abbreviations P = Permitted; C = Conditional Use; X = Prohibited; N/A = Not Applicable; UNL = Unlimited. AQ (Both) NT (Both) UC (Urban) MI (Urban) HI (Urban) RC-RD (Rural) RC-RL (Rural) Shoreline Designation Aquatic Natural Urban Conservancy Medium Intensity High Intensity RC Residential RC Resource Lands  Height N/A In compliance with RMC 18.710. Navigation P P P P P P P  Height In compliance with state and federal agency regulations. Other In compliance with RMC 18.710. Transportation Uses Highways, Arterials, Railroads (parallel to OHWM) C9 X P P9 P9 P P  Right-of-Way Setback 0’ N/A 200’ 100’10 100’10 200’ 200’ Secondary/Public Access Roads (parallel to OHWM) X X P P P P P  Right-of-Way Setback NA N/A 100’ 50’ 50’ 100’ 100’ Secondary/Public Access Roads (perpendicular to OHWM) X X P P P P P  Setback N/A N/A Limited to the setback for the use the road is serving. Setback is 0’ when serving visual or physical access use(s).10 Bridges (perpendicular to shoreline) C C C P P C C  Setback 0’ 0’ 0’ 0’ 0’ 0’ 0’ Utility Uses Above-ground Utilities (parallel to shoreline) C C P P P P P  Right-of-Way Setback 0’ 200’ 100’ 50’ 50’ 100’ 100’  Structure Height 15’ 15’ 35’ 35’ UNL 15’ 15’  Distribution Pole Height 0’ 45’ 45’ 45’ UNL 45’ 45’ Electrical Transmission Lines C C C C C C C  Tower Height UNL UNL UNL UNL UNL UNL UNL Underground Utilities (parallel to shoreline) C C P P P P P  Right-of-Way Setback 0’ 200’ 100’ 50’ 50’ 50’ 50’ Underground Utilities (perpendicular to shoreline) C C C C C C C  Right-of-Way Setback 0’ 0’ 0’ 0’ 0’ 0’ 0’ Unclassified Uses Unclassified Uses C C C C C C C  Setback 0’ 200’ 100’ 100’ 100’ 100’ 100’  Height 15’ 15’ 35’ 35’ 75’ 35’ 35’ Shoreline Modification Dredging and Dredge Material Disposal Non-maintenance Dredging C N/A N/A N/A N/A N/A N/A Maintenance Dredging P N/A N/A N/A N/A N/A N/A Dredge Material Disposal C X X C11 C11 C11 C11 Dredging & Disposal as part of Ecological Restoration/ Enhancement P C P P P P P City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-7 Abbreviations P = Permitted; C = Conditional Use; X = Prohibited; N/A = Not Applicable; UNL = Unlimited. AQ (Both) NT (Both) UC (Urban) MI (Urban) HI (Urban) RC-RD (Rural) RC-RL (Rural) Shoreline Designation Aquatic Natural Urban Conservancy Medium Intensity High Intensity RC Residential RC Resource Lands Fill Speculative X X X X X X X For restoration only C12 P13 P P P P P Other C12 X P P P P P Flood Control Works and In-stream Structures Dams, Dikes, & Levees C X C C P C C Instream structures C N/A N/A N/A N/A N/A N/A Shoreline Restoration Ecological Restoration / Enhancement / Mitigation P P P P P P P Shoreline Stabilization Bioengineered/Non-structural P P P P P P P Structural C X C C C C C Breakwaters, Jetties, Rock Weirs, and Groins C X C C C C C 1 As part of mixed-use development only. See Section 6.3.4(4), 6.3.7(2), and 6.3.7(4). 2 Millers Landing South is the Port of Ridgefield property from the alignment of Mill Street on the south to the alignment of Division Street on the north. Millers Landing North is the Port of Ridgefield property from the alignment of Division Street on the south to the Ridgefield National Wildlife Refuge. In both these areas, activities that enhance public access to and enjoyment of the shoreline may occur between buildings and the water. 3 At Millers Landing South and at Millers Landing North in the area between the northern right-of-way boundary of the Division Street alignment and a parallel line 200’ north of it, in accordance with the “Millers Landing Proposed Development Areas Map” dated May 27, 2010, the waterward edge of the planned “Main Trail” (a primarily pedestrian promenade waterward of the “Development Area”) may be developed to the setback and any buildings or other structures must be developed landward of the “Main Trail” promenade. 4 Passive only 5 See Section 6.3.10(12and 13). Water-related/enjoyment features such as viewpoints, gazebos, or fishing piers may have a 0’ setback when connected to a public access trail. 6 See Section 6.3.11.1(9) for information about existing residential development on land. 7 See Section 6.3.11.2(1-6) for information about existing floating homes. 8 Above Ordinary High Water Mark (OHWM) 9 See 6.3.13(6). 10 New roads may connect to existing roads within shoreline jurisdiction as long as the connection is landward of the existing road and the ordinary high water mark. Where the use is visual or physical public access to the shoreline (e.g., the alignments of Mill and Division Streets waterward of the railroad right-of-way), the setback is 0’. 11 Permitted outside of channel migration zones. 12 See Section 5.6.2(11). 13 Permitted for restoration only; otherwise prohibited. City of Ridgefield Draft Shoreline Master Program 6-8 Effective December 17, 2012 6.3 Use-specific Development Regulations 6.3.1 Agriculture 1. Agricultural practices shall prevent erosion of soils and bank materials within shoreline areas and minimize siltation, turbidity, pollution, and other environmental degradation of watercourses and wetlands. 2. Stream banks and water bodies shall be protected from damage due to concentration and overgrazing of livestock by providing the following: a. Suitable bridges, culverts or ramps for stock crossing; b. Ample supplies of clean water in tanks on dry land for stock watering; and c. Fencing or other grazing controls to prevent damage to riparian vegetation, bank compaction or bank erosion. 3. New confinement lots, feeding operations, lot wastes, stockpiles of manure solids, manure lagoons, and storage of noxious chemicals are prohibited. 4. The disposal of farm wastes, chemicals, fertilizers and associated containers and equipment within shoreline jurisdiction is prohibited. Composted organic wastes may be used for fertilization or soil improvement. 5. New uses proposed as part of a conversion of agricultural lands shall comply with the provisions of RMC Title 18 and this Program. 6.3.2 Aquaculture 1. No aquatic species shall be introduced into City waters without prior written approval of the appropriate state or federal regulatory agency for the species proposed for introduction. Such approval(s) shall be submitted in writing to the City as part of the shoreline permit application. 2. Aquaculture facilities shall only be permitted where impacts to existing water- dependent uses can be fully mitigated. 3. Fish net-pens shall not occupy more than one (1) surface acre of water, excluding booming and anchoring equipment and shall not be located within one (1) mile of any other aquaculture facility. 4. No processing of any aquaculture product, except for the sorting or culling of the cultured species and the washing or removal of surface materials or species after harvest, shall occur in or over the water. All other processing activities and facilities shall be located on land. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-9 5. If uncertainty exists regarding potential impacts of a proposed aquaculture activity, baseline and periodic operational monitoring by a City-approved consultant (unless otherwise provided for) may be required, at the applicant's expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated. 6. Aquacultural uses and facilities not involving substantial substrate modification shall be located at least six hundred (600) feet from any wildlife refuge lands; those involving substantial substrate modification shall be located at least fifteen hundred (1,500) feet from such areas. Lesser distances may be authorized without a Shoreline Variance if (1) it is demonstrated by the applicant that the fish and wildlife habitat resources will be protected; and (2) if the change is supported by the reviewing resource agencies. Greater distances may be required if recommended by the reviewing resource agencies. 7. Aquacultural structures and activities that are not water-dependent (including but not limited to, warehouses for storage of products, parking and loading facilities) shall be located landward of the OHWM and landward of water dependent portions of the project, and shall minimize detrimental impacts to the shoreline. 8. For aquaculture projects using over-water structures, storage of necessary tools and apparatus waterward of the OHWM shall be limited to containers of not more than three (3) feet in height, as measured from the surface of the raft or dock. Materials, which are not necessary for the immediate and regular operation of the facility, shall not be stored waterward of the OHWM. 9. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. All wastes shall be disposed of in a manner that will ensure strict compliance with all applicable waste disposal standards. 10. When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing or hand washing, rather than chemical treatment and application. 11. Prior to use of any agents such as antibiotics, vaccines, growth stimulants, or anti- fouling agents, approval must be obtained from all appropriate state and federal agencies, including but not limited to the U.S. Food and Drug Administration, Ecology, WDFW, and the Department of Agriculture, as required, and proof thereof is submitted to the City. 12. Only non-lethal, non-abusive predator control methods shall be used. Double netting for seals, overhead netting for birds, and three-foot high fencing or netting for otters are approved methods of predator control. The use of other nonlethal, City of Ridgefield Shoreline Master Program 6-10 Effective December 17, 2012 non-abusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required. 6.3.3 Boating Uses 6.3.3.1 General Requirements 1. All boating uses, development and facilities shall protect the rights of navigation. 2. All boating facilities shall be constructed and maintained in a safe and sound condition. Those that are abandoned or unsafe shall be removed or repaired promptly by the owner. 3. Boating facilities shall locate on stable shorelines in areas where: a. There is adequate water mixing and flushing; b. Such facilities will not adversely affect flood channel capacity or otherwise create a flood hazard; c. Water depths are adequate to minimize spoil disposal, filling, beach enhancement, and other channel maintenance activities; and d. Water depths are adequate to prevent the structure from grounding out at the lowest low water. 4. Boating facilities shall not be located: a. Along braided or meandering river channels where the channel is subject to change in alignment; b. On point bars or other accretion beaches; or c. Where new or maintenance dredging will be required; d. In areas with important bank margin habitat for all life stages of aquatic species; or e. Where wave action caused by boating use would increase bank erosion rates. 5. Boating facilities shall be sited and designed to ensure no net loss of shoreline ecological functions, and shall meet DNR requirements and other state guidance and local regulations. 6. Boating facilities shall locate where access roads are adequate to handle the traffic generated by the facility and shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed nor made dangerous. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-11 7. Boating uses and facilities shall be located far enough from public swimming beaches, fishing, and aquaculture harvest areas, and waterways used for commercial navigation to alleviate any adverse impacts, safety concerns and potential use conflicts. 8. Provisions for waste discharge shall be made in all proposals for public boating facilities, and shall include oil containment barriers when required by the U.S. Coast Guard under provisions of the Federal Water Pollution Control Act. 9. Installation of boat waste disposal facilities such as pump-outs and portable dump stations shall be required at all public boat launch facilities and marinas. The locations of such facilities shall be considered on an individual basis in consultation with the Washington Departments of Health, Ecology, Natural Resources, Parks, and Fish and Wildlife, as necessary. 10. All marinas and public launch facilities shall provide restrooms/hand-sanitizing facilities for boaters' use that are designed, constructed and maintained to be clean, well lighted, safe and convenient for public use. One restroom and hand sanitizing facility shall be provided for every seventy-five (75) marina moorage slips or twenty (20) boat launch parking spaces. 11. Accessory uses along the water frontage at boating facilities shall be limited to water-oriented uses, including uses that provide physical or visual shoreline access for substantial numbers of the general public. 12. Non-water-oriented accessory uses, including parking shall be located as far landward as possible while still serving their intended purposes. 13. Parking and storage areas shall be landscaped or screened to provide visual and noise buffering between adjacent dissimilar uses or scenic areas. 14. All utilities shall be placed at or below the dock surface, or below ground, as appropriate. 15. All signage shall adhere to the standards for signs in this chapter and RMC 18.710, except that a marina or boat launch may have one advertising sign oriented towards the water that does not exceed twenty four (24) square feet in area and fifteen (15) feet in height above the OHWM. 16. Boating facilities shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals. Materials used for submerged portions, decking and other components that may come in contact with water shall be approved by applicable state agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, copper, chromium, arsenic, pentachlorophenol or other similarly toxic materials is prohibited. See Section 6.3.3.4(5). City of Ridgefield Shoreline Master Program 6-12 Effective December 17, 2012 17. Boats shall be restricted from extended mooring on waters of the state except as allowed by state regulations and provided that lease or permission is obtained from the state and impacts to navigation and public access are mitigated. 18. In-water work shall be scheduled to protect biological productivity (including but not limited to fish runs, spawning, and benthic productivity). In-water work shall not occur in areas used for commercial fishing during a fishing season unless specifically addressed and mitigated for in the permit. 6.3.3.2 Boat Launch Facilities 1. New private boat launch facilities for single family residences are prohibited. 2. New boat launch facilities, including hand launch facilities may be permitted for public use or in conjunction with mixed–use projects. 3. When permitted, boat launch facilities shall be designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available. 4. Boat launch facilities, haul-out facilities (such as ramps, marine travel lifts, and marine railways), and minor accessory buildings shall be designed and constructed in a manner that minimizes adverse impacts on fluvial processes, biological functions, aquatic and riparian habitats, water quality, navigation and neighboring uses. 5. Rail and track systems shall be preferred over concrete ramps or similar facilities. 6. Boat launch facilities shall install public safety signs, to include the locations of fueling facilities, pump-out facilities, and locations for proper waste disposal. 6.3.3.3 Marinas 1. New marinas allowing floating homes shall also comply with Sections 6.3.3.4 and 6.3.11.2(6). 2. For new marinas, open pile or floating breakwater designs shall be used unless it can be demonstrated that riprap or other solid construction would not result in any greater net impacts to shoreline ecological functions, processes, fish passage, or shore features. 3. Wet-moorage marinas shall locate a safe distance from domestic sewage or industrial waste outfalls. 4. Marinas shall be designed to: a. Provide thorough flushing of all enclosed water areas; b. Allow the free movement of aquatic life in shallow water areas; and City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-13 c. Avoid and minimize any interference with geo-hydraulic processes and disruption of existing shore forms. 5. To the maximum extent possible, marinas and accessory uses shall share parking facilities and those facilities shall be located landward of critical area buffers to the extent practicable. 6. New marina development shall provide public access amenities such as viewpoints, interpretive displays, and public access to accessory water-enjoyment uses such as restaurants. 7. Covered moorage shall be limited to the number of covered moorage spaces legally established prior to January 1, 2011 and to the amount of water surface area covered. 8. The restrictions in 6.3.3.3(7) shall not apply to over-water structures housing water-dependent emergency response equipment for public agency use to protect people, property, and the environment in and adjacent to shoreline jurisdiction. However, new, remodeled, or rebuilt structures shall be constructed to allow 60% light penetration of 60% of the structure whether enclosed or not. 9. Commercial covered moorage may be permitted only where vessel construction or repair work is to the primary activity and covered work areas are demonstrated to be the minimum necessary over water, including a demonstration that adequate landside sites are not feasible. When permitted, commercial covered moorage facilities must be constructed to allow 60% light penetration of 60% of the structure whether enclosed or not. 10. Live-aboards are restricted to marinas that provide potable water, waste handling and other sanitary services. Live-aboards may occupy up to twenty (20) percent of the slips at such a marina and shall be connected to utilities that provide potable water and wastewater conveyance to an approved disposal facility. 11. Only a single marina shall be permitted in association with hotels, motels, and multi-family residences or a mixed-use, master-planned project. No more than one (1) slip per unit shall be allowed. 12. If a marina is to include gas and oil handling facilities, such facilities shall be separate from main centers of activity in order to minimize the fire and water pollution hazard, and to facilitate fire and pollution control. 13. Marinas shall have adequate facilities and procedures for: a. Fuel handling and storage; and b. The containment, recovery, and mitigation of spilled petroleum, sewage, and other potentially harmful or hazardous materials, and toxic products. 14. The marina operator shall be responsible for the collection and dumping of sewage, solid waste, and petroleum waste. City of Ridgefield Shoreline Master Program 6-14 Effective December 17, 2012 15. No commercial or sport fish-processing discharge or discarding of unused bait, scrap fish, or viscera shall be permitted within any marina. 16. Marinas shall install public safety signs, to include the locations of fueling facilities, pump-out facilities, and locations for proper waste disposal. 6.3.3.4 Docks, Piers, Floats, and Mooring Buoys 1. Private docks, piers, and recreational floats for single-family residences are prohibited. 2. Recreational floats for public use may be permitted as a conditional use. 3. Mooring buoys are prohibited. 4. Bulk storage (non-portable storage in fixed tanks) for gasoline, oil and other petroleum products for any use or purpose is prohibited on docks and piers. 5. Docks and piers in waters providing a public drinking water supply shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete, or steel. See Section 6.3.3.1(16). 6. The dimensions of a dock or pier shall be no greater than necessary, and shall be meet the development standards listed below. a. Docks and piers shall be set back a minimum of ten (10) feet from side property lines. b. Piers/anchors and/or ramps shall extend waterward, perpendicular from the ordinary high water mark (OHWM), to a point where the water depth is sufficient to prevent damage to shallow-water habitat. c. Docks and piers may extend into the waterbody the minimum distance necessary to allow for moorage of the boats anticipated provided they shall not extend into the navigation channel. d. Over-water structures shall be located in water sufficiently deep to prevent them from grounding out at the lowest low water. e. All docks and floats shall include stops that serve to keep them from grounding out at low water levels. f. Docks used for motor boats should be located where the water will be deeper than seven (7) feet at the lowest low water to avoid prop scour. g. The bottom of either the pier or landward edge of the ramp shall be elevated at least 2 feet above the plane of OHWM. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-15 h. Piers and ramps shall be no more than 8 feet in width. Floating docks and associated finger piers shall be no more than 8 feet wide and 20 feet long. Piers, ramps and docks shall be constructed to allow a minimum of 60% light penetration over 60% of each structure. i. Skirting shall not be placed on piers, ramps, floating docks, or floats. Protective bumper material will be allowed along the outside edge of the float or floating dock as long as the material does not extend below the bottom edge of the float frame or impede light penetration. j. Shoreline concrete anchors must be placed at least 10 feet landward from the OHWM, and shall be sized no larger than 4-feet wide by 4-feet long, unless otherwise approved by National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA Fisheries), the US Army Corps of Engineers (Corps), and Washington Department of Fish and Wildlife (WDFW). k. The deck surface of docks and piers shall not exceed three (3) feet in height above the OHWM on the landward side, and shall extend one (1) foot above the water surface at all other locations. l. If a bulkhead-like base is proposed for a fixed pier or dock where there is net positive littoral drift, the base shall be built landward of the OHWM or protective berms. m. When plastics or other non-biodegradable materials are used in float, pier, or dock construction, precautions shall be taken to ensure their containment. n. Pilings must be structurally sound and cured prior to placement in the water. Pilings employed for docks, piers, or any other structure shall have a minimum vertical clearance of one foot above extreme high water. Pile spacing shall be the maximum feasible to minimize shading and avoid a “wall” effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment. 7. When permitted, public recreational floats shall be designed and constructed to met the following standards: a. They shall be located as close to the shore as possible, and no farther waterward than any existing floats and established swimming areas. b. They shall be constructed so that the deck surface is a minimum of one (1) foot above the water surface and with reflectors for night-time visibility. c. They shall not exceed one hundred sixty (160) square feet and shall be constructed to allow a minimum of 60% light penetration over 60% of the structure. City of Ridgefield Shoreline Master Program 6-16 Effective December 17, 2012 6.3.4 Commercial Uses 1. Water-oriented commercial uses are preferred over nonwater-oriented commercial uses. 2. An applicant for a new commercial use or development shall demonstrate that the use or development will not cause a net loss of ecological function or adversely impact other shoreline resources or uses. 3. Loading, service areas, and other accessory uses shall be located landward of a commercial structure or underground whenever possible, but shall in no case be waterward of the structure. Loading and service areas shall be screened from view with native plants. 4. Where allowed, nonwater-oriented commercial uses may be permitted only as part of a mixed-use development that: a. Has a formally-approved master plan that complies with this Program, including having demonstrated consistency with the policies of Section 3.2 if its proposed location is on a shoreline of statewide significance; b. Includes water-oriented uses; and c. Provides a significant public benefit such as public access and/or ecological restoration. 5. Non-water-oriented commercial uses meeting the conditions of Section 6.3.4(4) must also demonstrate: a. A water-dependent use is not reasonably expected to locate on the proposed site due to topography, surrounding land uses, physical features, or the site’s separation from the water; b. The proposed use does not displace a current water-oriented use and will not interfere with adjacent water-oriented uses; and c. The proposed use will be of substantial public benefit by increasing the public use, enjoyment, ecological function, and/or access to the shoreline. 6.3.5 Forest Practices 1. Commercial harvest of timber undertaken on shorelines shall comply with the applicable policies and provisions of the Forests and Fish Report (U.S. Fish and Wildlife Service, et al., 1999) and the Forest Practices Act, RCW 76.09 as amended, and any regulations adopted pursuant thereto (WAC 222), as administered by the Department of Natural Resources. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-17 2. When timberland is to be converted to another use, such conversion shall be clearly indicated on the Forest Practices application. Failure to indicate the intent to convert the timberland to another use on the application will result in subsequent conversion proposals being reviewed pursuant to Conversion Option Harvest Plan. Failure to declare intent to convert on the application shall provide adequate grounds for denial of subsequent conversion proposals for a period of six years from date of Forest Practices application approval per RCW 76.09.060(3)(d), (e) and (f), RCW 76.09.460, and RCW 76.09.470. 3. For the purposes of this Program, preparatory work associated with the conversion of land to non-forestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed non-forestry use, the general provisions of this Program, including vegetation conservation. 6.3.6 Industrial Uses 6.3.6.1 General Requirements 1. Water-oriented industrial uses and development are preferred over nonwater- oriented industrial uses and development. 2. Water-related uses shall not displace existing water-dependent uses or occupy space designated for water-dependent uses identified in a Shoreline Substantial Development Permit or other approval. 3. Water-enjoyment uses shall not displace existing water-dependent or water- related uses or occupy space designated for water-dependent or water-related uses identified in a Shoreline Substantial Development Permit or other approval. 4. Waterward expansion of existing non-water-oriented industry is prohibited. 5. Proposed developments shall maximize the use of legally-established existing industrial facilities and avoid duplication of dock or pier facilities before expanding into undeveloped areas or building new facilities. Proposals for new industrial and port developments shall demonstrate the need for expansion into an undeveloped area. 6. Proposed large-scale industrial developments or major expansions shall be consistent with an officially-adopted comprehensive scheme of harbor improvement and/or long-range port development plan. 7. New facilities for shallow-draft shipping shall not be allowed to preempt deep- draft industrial sites. 8. Ship, boat-building, and repair yards shall employ best management practices (BMPs) with regard to the various services and activities they perform and their impacts on surrounding water quality. City of Ridgefield Shoreline Master Program 6-18 Effective December 17, 2012 9. Industrial water treatment and water reclamation facilities may be permitted only as conditional uses and only upon demonstrating that they cannot be located outside of shoreline jurisdiction. They shall be designed and located to be compatible with recreational, residential, or other public uses of the water and shorelands. 6.3.6.2 Log Storage 1. Log booming, rafting and storage in the Aquatic shoreline designation shall comply with WAC 332-30-145 or its successor. 2. Log storage shall be permitted in public waters only where: a. Water quality standards can be met at all times; b. Grounding will not occur; c. Associated activities will not hinder other beneficial uses of the water, such as small craft navigation; and d. Fish and wildlife habitat conservation areas can be avoided. 3. No log raft shall remain in the Aquatic shoreline designation for more than one year, unless specifically authorized in writing by DNR. 4. Log storage facilities shall be sited to avoid and minimize the need for dredging in order to accommodate new barging and shall be located in existing developed areas to the greatest extent feasible. If a new log storage facility is proposed along an undeveloped shoreline, an alternatives analysis shall be required that demonstrates that it is not feasible to locate the facility within an existing developed area. 5. A Debris Management Plan describing the removal and disposal of wood waste must be approved by the City. Debris monitoring reports shall be provided, where stipulated. Positive control, collection, treatment, and disposal methods for keeping leachate, bark, and wood debris (both floating and sinking particles) out of surface water and groundwater shall be employed at log storage areas, log dumps, raft building areas, and mill-side handling zones. In the event that bark or wood debris accidentally enters the water, it shall be immediately removed. Surface runoff from log storage areas shall be collected and discharged at only one point, if possible. 6. Existing in-water log storage and log booming facilities in critical habitats utilized by threatened or endangered species classified under the Endangered Species Act (ESA) shall be re-evaluated if use is discontinued for one (1) year, or if substantial repair or reconstruction is required. The evaluation shall include an alternatives analysis in order to determine if logs can be stored upland and out of the water, or if the site should be used for other purposes that would have lesser City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-19 impacts on ESA-listed species. The alternatives analysis shall include evaluation of the potential for moving all, or portions of, log storage and booming to uplands. 7. Non-aquatic log storage areas shall meet the following requirements: a. The ground surface of any unpaved log storage area underlain by permeable soils shall be separated from the highest seasonal water table by at least four (4) feet in order to reduce waste buildup and impacts on ground water and surface water; b. Stormwater shall be managed consistent with RMC Chapter 13.30; and c. A berm must be located around the outer edge of the upland sort surface using rocks, or other suitable materials to prevent loss of wood debris into the water. 6.3.7 Institutional Uses 1. Water-oriented institutional uses and developments are preferred. 2. Where allowed, non-water-oriented institutional uses may be permitted as part of a mixed-use development provided that a significant public benefit such as public access and/or ecological restoration are provided. 3. Loading, service areas, and other accessory uses shall be located landward of a primary structure or underground whenever possible, but shall in no case be waterward of the structure. Loading and service areas shall be screened from view with native plants. 4. Where institutional uses are allowed as a conditional use, the following must be demonstrated: a. A water dependent use is not reasonably expected to locate on the proposed site due to topography, surrounding land uses, physical features of the site, or due to the site’s separation from the water; b. The proposed use does not displace a current water-oriented use and will not interfere with adjacent water-oriented uses; and c. The proposed use will be of substantial public benefit by increasing the public use, enjoyment, ecological function, and/or access to the shoreline. 5. Over-water structures housing public safety equipment for public agency use to protect people, property, and the environment may be allowed as a conditional use and may be increased in number or expanded. See Section 6.3.3.3(8). City of Ridgefield Shoreline Master Program 6-20 Effective December 17, 2012 6.3.8 Mining 1. Mining is prohibited in the City of Ridgefield. 6.3.9 Parking 1. Parking as a primary use is prohibited in all shoreline areas. 2. Where parking is allowed as accessory to a permitted use, it shall be located landward of the primary structure as far as possible or within the primary structure. 6.3.10 Recreational Development 1. Recreational developments shall provide facilities for non-motorized access to the shoreline such as pedestrian and bicycle paths. 2. The minimum width of public access easements for trails shall be twenty (20) feet when a trail is not located within a public right-of-way, unless the Shoreline Administrator determines that undue hardship would result, or that it is impractical or environmentally unsound. In such cases, easement width may be reduced only by the minimum extent necessary to meet public access standards. 3. Recreation areas or facilities on the shoreline shall provide physical or visual public access to the shoreline. Trails or other facilities may traverse the setback to provide public access to the shoreline. 4. Parking areas shall be located upland away from the immediate shoreline, with pedestrian trails or walkways providing access to the water. 5. All permanent, substantial, recreational structures and facilities shall be located outside officially mapped floodways. The Shoreline Administrator may grant administrative exceptions for non-intensive minor accessory uses (including but not limited to, picnic tables, playground equipment). 6. Recreational sites with active uses shall be provided with restrooms and hand sanitizing facilities in accordance with public health standards and without adversely altering the natural features attractive for recreational uses. 7. Recreational facilities shall include features such as buffer strips, screening, fences, and signs to protect the value and enjoyment of adjacent or nearby private properties and natural areas from trespass, overflow and other possible adverse impacts. 8. Where fertilizers and pesticides are used in recreational developments, waters in and adjacent to such developments shall be protected from drainage and surface runoff. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-21 9. Golf course structures (clubhouses and maintenance buildings) that are non water- oriented shall be located no closer than one hundred (100) feet from the OHWM of any shorelines of the state. 10. Tees, greens, fairways, golf cart routes, and other site development features shall be located no closer than one hundred (100) feet from the OHWM of any shorelines of the state to the extent practicable. Where unavoidable, such development shall be designed to minimize impacts to shoreline and critical areas and their buffers and mitigate impacts by including ecological restoration and enhancement. 11. Golf course water hazards and stormwater drainage basins shall be managed for wildlife through appropriate plantings and measures to maintain or enhance water quality. 12. The setback for water-related and water-enjoyment recreational development in Natural, Urban Conservancy, Medium Intensity, and High Intensity shoreline designations is 20 feet, except for trails which may meander between 5 and 20 feet landward of the OHWM to: a. Respond to site characteristics such as natural topography and existing vegetation; or b. Take advantage of opportunities for visual or physical access to the shoreline; or c. Connect existing trail easements; or d. Create an interesting experience for trail users. 13. A trail project, any portion of which encroaches closer than 20 feet, shall maintain no net loss, and include shoreline restoration where feasible. 14. When impervious surface trails are proposed in the Natural or Urban Conservancy shoreline designations, to respond to Americans with Disabilities Act (ADA) requirements or other circumstances or conditions, the project shall maintain no net loss, and include shoreline restoration where feasible. 6.3.11 Residential and Floating Home Development 6.3.11.1 Residential Development 1. Residential developments shall include provisions to ensure preservation of native vegetation and control erosion during construction. 2. New residential construction shall be located so as not to require shoreline stabilization measures. City of Ridgefield Shoreline Master Program 6-22 Effective December 17, 2012 3. New residential development shall be located and designed to a density that minimizes view obstructions to and from the shoreline. 4. Clustering of residential units shall be allowed where appropriate and in compliance with RMC Title 18 to minimize physical and visual impacts on shorelines. 5. In those areas where only onsite sewage systems are available, density shall be limited to that which can demonstrably accommodate protection of surface and groundwater quality. 6. New residential development, including sewage disposal systems, shall be prohibited in floodways and channel migration zones. 7. Appurtenances, accessory uses, and facilities serving a residential structure shall be located outside setbacks, critical areas, and buffers unless otherwise allowed under this Program to promote community access and recreational opportunities. 8. New residential lots created through land division in shoreline jurisdiction and lot line adjustments shall only be permitted when configured such that the following standards are met: a. Structural flood hazard reduction measures are not required and will not be necessary during the life of the development or use. b. Shoreline stabilization measures will not be required for new development to occur. c. There will be no net loss of shoreline ecological function. 9. Legally-established residential development located landward of the OHWM, including normal appurtenances, existing on the effective date of this Program that do not meet the standards of this Program are considered to be conforming and may be maintained, repaired, replaced, or expanded provided that any future development: a. Does not exceed height limitations; b. Does not encroach farther waterward than the existing primary structure; c. Does not encroach farther into critical areas or buffers; and. d. Will result in no net loss of shoreline ecological functions. 6.3.11.2 Floating Home Development 1. New residential development shall be prohibited in, over, or floating on the water, except as provided in 6.3.11.2(2-6). City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-23 2. The floating homes legally established within the area generally known as McCuddy’s Marina (Assessor’s Account Number 700550-000, containing 11.04 acres) prior to January 1, 2011, are conforming preferred uses under this Program. 3. Floating homes legally established within McCuddy’s Marina prior to January 1, 2011 may be remodeled, rebuilt (home torn down to the float and rebuilt in place), or replaced (existing home and float removed and a new home and float towed in) in situ, or relocated within a new or redeveloped marina on Lake River within the City of Ridgefield’s shoreline jurisdiction, PROVIDED: a. There is no increase in the number of floating homes beyond the number existing on January 1, 2011; b. There is no increase in the surface water area covered by the floating homes existing on January 1, 2011 and accessory structures including cantilevered portions that extend beyond the float; c. There is no net loss of shoreline ecological function. 4. Any proposal to replace, remodel, rebuild, or relocate a floating home shall be accompanied by an accurate, fully-dimensioned site plan along with details about the proposed changes, similar to that required for other land use approvals under RMC Title 18. 5. When remodeling, rebuilding, or replacing a floating home legally established within McCuddy’s Marina prior to January 1, 2011 the following standards apply in addition to those of Section 6.3.11(1-4): a. The total height of the float and the structure from the water surface shall not exceed 35’; b. The minimum distance between existing adjacent floating home walls shall not be reduced, and if the floating home is being replaced shall not be less than 6 feet; c. Floating homes shall not block views from the waterward end of any pier, more than any existing view blockage; d. No new living or storage spaces shall be located below water level. Existing living or storage spaces below water level may be remodeled or replaced, but not expanded; e. Unenclosed Styrofoam or similar material that has the potential to break apart is prohibited in floats; f. Floats shall be maintained and repaired using the minimum amount of structure below the waterline necessary to maintain floatation. At the time of replacement of a float and/or floating home, any structure below waterline and City of Ridgefield Shoreline Master Program 6-24 Effective December 17, 2012 outside the primary float structure that provides minimal or no floatation shall be removed; g. All utilities shall be repaired or replaced to current standards to ensure proper functioning and no net loss of shoreline ecological functions. 6. When relocating floating homes legally established in McCuddy’s marina prior to January 1, 2011 or for any new marina or marina redevelopment proposal, the following standards apply in addition to those of Section 6.3.11.2(1-5): a. To allow for constructing a new marina proposed to contain floating homes prior to removal of all or any portion of the existing floating homes, the applicant shall provide a assurance, acceptable to the City of Ridgefield guaranteeing the floating home slips will only be used to replace the slips within the existing marina and those affected slips within the existing marina will be decommissioned, and additional replacement floating homes shall not be allowed in the decommissioned slips; b. The total combined water surface area covered by floating homes, including those retained within the existing marina and those to be relocated to any proposed new or redeveloped marina shall not exceed the total surface area covered by floating homes as of January 1, 2011. c. Floating home sites shall have at least 20 feet of frontage on water continuously open to navigation. d. The minimum distance between adjacent floating home walls shall not be less than 10 feet; e. Marinas and floating homes shall be designed and located to provide adequate water depth to preclude grounding of floating homes during low water periods. f. The applicant shall: i. Connect each floating home to a potable water source; ii. Connect each floating home to waste disposal systems for both gray water and black water; iii. Provide all utilities in compliance with current standards. iv. Demonstrate compliance with WAC 332-30-171 or its successor. v. Comply with all chapters of the International Fire Code including Chapter 45, Marinas. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-25 6.3.12 Signs 1. Free-standing signs shall be for only informational purposes such as directional, navigational, educational/interpretive, and safety purposes, unless otherwise allowed under this Program and as specified in Table 6-1. 2. Signs for commercial purposes shall be limited to fascia or wall signs and as regulated by RMC Chapter 18.710, unless otherwise provided for in this chapter for specific uses. 3. All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual access corridors to the shoreline. 4. Over-water signs or signs on floats or pilings shall be prohibited, except when related to navigation or a water-dependent use. 5. Illuminated signs shall be limited to informational, directional, navigational or safety purposes and shielded so as to eliminate glare when viewed from surrounding properties or watercourses. 6.3.13 Transportation Uses 1. All transportation facilities in shoreline areas shall be constructed and maintained to cause the least possible adverse impacts on the land and water environments, shall respect the natural character of the shoreline, and make every effort to preserve wildlife, aquatic life and their habitats. 2. New or expanded surface transportation facilities not related to and necessary for the support of shoreline activities shall be located outside the shoreline jurisdiction wherever possible, or set back from the ordinary high water mark far enough to make shoreline stabilization, such as rip rap, bulkheads or jetties, unnecessary. 3. Transportation facilities shall not adversely impact existing or planned water- dependent uses by impairing access to the shoreline. 4. All roads shall be set back from water bodies and shall provide buffer areas of compatible, self-sustaining native vegetation. Shoreline scenic drives and viewpoints may provide breaks in the vegetative buffer to allow open views of the water. 5. Transportation facilities that are allowed to cross over water bodies and associated wetlands shall utilize elevated, open pile or pier structures whenever feasible to reduce shade impacts. All bridges shall be built high enough to allow the passage of debris and anticipated high water flows. 6. Transportation facility development shall not be permitted in the Aquatic shoreline designation including associated wetlands or in the setbacks of adjacent City of Ridgefield Shoreline Master Program 6-26 Effective December 17, 2012 Medium Intensity or High Intensity shoreline designations except as a conditional use when: a. All structural or upland alternatives have proven infeasible; and either b. The transportation facility is necessary to support water-dependent uses or essential public facilities consistent with this program; or c. To accommodate an access road and bridge between the City of Ridgefield and the Ridgefield National Wildlife Refuge. 7. Transportation and utility facilities shall be required to make joint use of rights- of-way and to consolidate crossing of water bodies. 6.3.14 Utilities Uses These provisions apply to services and facilities that produce, convey, store, or process power, gas, wastewater, communications, and similar services and functions. On-site utility features serving a primary use, such as a water, sewer or gas line to a residence or other approved use are “accessory utilities” and shall be considered a part of the primary use. 1. Whenever feasible, all utility facilities shall be located outside shoreline jurisdiction. Where distribution and transmission lines (except electrical transmission lines) must be located in the shoreline jurisdiction they shall be located underground. 2. Where overhead electrical transmission lines must parallel the shoreline, they shall be outside of the two hundred (200) foot shoreline environment unless topography or safety factors would make it unfeasible. 3. Utilities, including limited utility extensions shall be designed, located and installed in such a way as to preserve the natural landscape, minimize impacts to scenic views, and minimize conflicts with present and planned land and shoreline uses. 4. Transmission, distribution, and conveyance facilities shall be located in existing rights of way and corridors or shall cross shoreline jurisdictional areas by the shortest, most direct route feasible, unless such route would cause significant environmental damage. 5. Utility production and processing facilities, such as power plants and wastewater treatment facilities, or parts of those facilities that are nonwater-oriented shall not be allowed in the shoreline jurisdiction unless it can be demonstrated that no other feasible option is available. 6. Stormwater control facilities, limited to detention / retention / treatment ponds, media filtration facilities, and lagoons or infiltration basins, within the shoreline City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-27 jurisdiction shall only be permitted when the stormwater facility is designed to mimic and resemble natural wetlands, ponds, or closed depressions, and meets the requirements of RMC 13.30, Stormwater Utility. 7. New outfalls and modifications to existing outfalls shall be designed and constructed to avoid impacts to existing native aquatic vegetation attached to or rooted in substrate. Outfalls may require bank hardening to prevent failure of the outfall structure or erosion of the shoreline. Diffusers or discharge points must be located offshore at a distance beyond the nearshore area to avoid impacts to nearshore habitats. 8. Water reclamation discharge facilities such as injection wells or activities such as land application are prohibited in the shoreline jurisdiction, unless the discharge water meets State Department of Ecology Class A reclaimed water standards. An applicant for discharge of Class A reclaimed water in the shoreline jurisdiction shall demonstrate habitat benefits of such discharge. 9. Where allowed under this program, construction of underwater utilities or those within the wetland perimeter shall be scheduled to avoid major fish migratory runs or use construction methods that do not cause disturbance to the habitat or migration. 10. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially detrimental to water quality shall be equipped with automatic shut off valves. 11. Upon completion of utility installation/maintenance projects on shorelines, banks shall, at a minimum, be restored to pre-project configuration, replanted and provided with maintenance care until the newly planted vegetation is fully established. Plantings shall be native species and/or be similar to vegetation in the surrounding area. 6.4 Shoreline Modification Regulations 6.4.1 General Requirements 1. Structural shoreline modifications shall only be allowed where it can be demonstrated that the proposed activities are necessary to support or protect a legally existing shoreline use or primary structure that is in danger of loss or substantial damage or are necessary for reconfiguration of the shoreline or bedlands for an allowed water-dependent use or for shoreline mitigation or enhancement purposes. 2. Modifications shall only be allowed when impacts are avoided, minimized, and mitigated to assure no net loss of shoreline ecological functions. 3. In-water work shall be scheduled to protect biological productivity (including but not limited to fish runs, spawning, and benthic productivity). In-water work shall City of Ridgefield Shoreline Master Program 6-28 Effective December 17, 2012 not occur in areas used for commercial fishing during a fishing season unless specifically addressed and mitigated for in the permit. 4. Public access shall be provided in accordance with public access policies and regulations of this Program (See Section 5.4(1-2)). 6.4.2 Dredging and Dredge Material Disposal 6.4.2.1 General 1. Dredging and dredge disposal shall be prohibited on or in archaeological sites that are listed on the National Register of Historic Places, the Washington Heritage Register, and/or the Clark County Heritage Register until such time that they have been reviewed and approved by the appropriate agency. 2. Dredging and dredge disposal shall be scheduled to protect biological productivity (including but not limited to, fish runs, spawning, and benthic productivity) and to minimize interference with fishing activities. Dredging activities shall not occur in areas used for commercial fishing (including but not limited to, drift netting and crabbing) during a fishing season unless specifically addressed and mitigated for in the permit. 6.4.2.2 Dredging 1. Dredging shall be avoided where possible. Dredging shall be permitted only where it is demonstrated that the proposed water-dependent or water-related uses will not result in significant or ongoing adverse impacts to water quality, fish and wildlife habitat conservation areas and other critical areas, flood holding capacity, natural drainage and water circulation patterns, significant plant communities, prime agricultural land, and public access to shorelines unless one or more of these impacts cannot be avoided. When such impacts are unavoidable, they shall be minimized and mitigated such that they result in no net loss of shoreline ecological functions. 2. Maintenance dredging of established navigation channels and basins shall be restricted to managing previously dredged and/or existing authorized location, depth and width. 3. Dredging activity is prohibited in the following locations: a. Along net positive drift sectors and where geohydraulic-hydraulic processes are active and accretion shore forms would be damaged, altered, or irretrievably lost; b. In shoreline areas with bottom materials that are prone to significant sloughing and refilling due to currents or tidal activity which result in the need for continual maintenance dredging; City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-29 c. In habitats identified as critical to the life cycle of officially designated or protected fish, shellfish, or wildlife. 4. Dredging techniques that cause minimum dispersal and broadcast of bottom material shall be used, and only the amount of dredging necessary shall be permitted. 5. Dredging shall be permitted only: a. For navigation or navigational access; 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 contained and managed so as to prevent it from reentering the water; or e. In conjunction with a bridge, navigational structure or wastewater treatment facility for which there is a documented public need and where other feasible sites or routes do not exist. 6. Dredging for fill is prohibited except where the material is necessary for restoration of shoreline ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high-water mark. The project must be either associated with a MTCA or CERCLA habitat restoration project or, if approved through a shoreline Shoreline Conditional Use Permit, any other significant habitat enhancement project (WAC 173-26-231(3)(f)). 6.4.2.3 Dredge Material Disposal 1. Dredge material disposal shall be avoided where possible. Dredge disposal shall be permitted only where it is demonstrated that the proposed water-dependent or water-related uses will not result in significant or ongoing adverse impacts to water quality, fish and wildlife habitat conservation areas and other critical areas, flood holding capacity, natural drainage and water circulation patterns, significant plant communities, prime agricultural land, and public access to shorelines. When such impacts are unavoidable, they shall be minimized and mitigated such that they result in no net loss of shoreline ecological functions. 2. Near shore or landside disposal of dredge materials shall not be located upon, adversely affect, or diminish: a. Stream mouths, wetlands, or significant plant communities (approved mitigation plans may justify exceptions); City of Ridgefield Shoreline Master Program 6-30 Effective December 17, 2012 b. Prime agricultural land except as enhancement; c. Natural resources including but not limited to sand and gravel deposits, timber, or natural recreational beaches and waters except for enhancement purposes; d. Designated or officially recognized wildlife habitat and concentration areas; e. Water quality, quantity, and drainage characteristics; and f. Public access to shorelines and water bodies. 3. Dredge material shall be disposed of on land only at sites reviewed and approved by the USACOE and the Shoreline Administrator. Applicants shall demonstrate that the proposed site will ultimately be suitable for a use permitted by this Program. Disposal shall be undertaken such that: a. The smallest possible land area is affected, unless dispersed disposal is authorized as a condition of permit approval for soil enhancement or other purposes; b. Shoreline ecological functions and processes will be preserved, including protection of surface and ground water; c. Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property; and d. Sites will be adequately screened from view of local residents or passersby on public right-of-ways to the maximum extent practicable. 4. The following conditions shall apply to land disposal sites: a. Springs and aquifers shall be identified and protected. b. Containment dikes and adequate settling basins shall be built and maintained so that the water discharged from the site carries a minimum of suspended sediment. Required basins shall be designed to maintain at least one foot of standing water at all times to encourage proper settling. c. Proper diversion of surface discharge shall be provided to maintain the integrity of the natural streams, wetlands, and drainage ways. d. There shall be a single point of ingress and egress for removal of the de- watered material. e. Runoff shall be directed through grassy swales or other treatment features that ensures protection of water quality and a location that maximizes circulation and fishing. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-31 f. Sites shall be revegetated with appropriate native species as soon as possible to retard erosion and restore wildlife habitat and other critical areas functions; g. Vegetation shall be maintained by the property owner; h. Dredge materials deposited upland and not part of a permitted dike or levee shall constitute fill, and when deposited within shoreline jurisdiction, shall comply with the fill regulations; and i. The applicable requirements of RMC 18.755 Erosion Control and 13.30 Stormwater Utility shall be met. 5. Dredge material shall be disposed of in water only at sites approved by the USACOE and the Shoreline Administrator. Disposal techniques that cause minimum dispersal and broadcast of bottom material shall be used, and only if: a. Land disposal is infeasible, less consistent with this Program, or prohibited by law; b. Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible; c. Offshore habitat will be protected, restored, or enhanced; d. Adverse effects on water quality or biologic resources from contaminated materials will be mitigated; e. Shifting and dispersal of spoil will be minimal; and f. Water quality will not be adversely affected. 6. The deposition of dredged materials in water or wetlands shall be permitted only in approved, open water disposal sites and: a. To improve wildlife habitat; b. To correct material distribution problems adversely affecting fish habitat; c. To create, expand, rehabilitate, or enhance a beach when permitted under this Program and any required state or federal permit; or d. When land deposition is demonstrated to be more detrimental to shoreline resources than water deposition. City of Ridgefield Shoreline Master Program 6-32 Effective December 17, 2012 6.4.3 Flood Control Works and In-stream Structures 6.4.3.1 Flood Control Works 1. Dikes and levees shall only be authorized by Shoreline Conditional Use Permit only when it can be demonstrated by a scientific and engineering analysis that: a. They are necessary to protect existing development; b. Non-structural measures are not feasible; c. Impacts on ecological functions and critical areas can be successfully mitigated so as to assure no net loss; and d. Appropriate vegetation conservation actions are undertaken. 2. Dikes and levees shall protect the natural processes and resource values associated with streamways and deltas including but not limited to wildlife habitat. 3. Springs and aquifers shall be identified and protected. 4. Public access shall be provided in accordance with public access policies and regulations of this Program (See Section 5.4(1-2)). 5. Dikes and levees shall be limited in size to the minimum height required to protect adjacent lands from the protected flood stage as identified in the applicable comprehensive flood control management plan or as required by FEMA for dike recertification. 6. Dikes and levees shall not be constructed with material dredged from the adjacent wetland or stream area unless part of a comprehensive flood and habitat enhancement plan, and the only by Shoreline Conditional Use Permit. 7. Removal of gravel for flood management purposes shall be consistent with an adopted flood hazard reduction plan and with this Program, and 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 shoreline ecological functions, and is part of a comprehensive flood management solution. 6.4.3.2 Flood Control Works – Design 1. Dikes and levees shall be designed, constructed, and maintained in accordance with Hydraulic Project Approval, and in consideration of resource agency requirements and recommendations. 2. Dikes and levees shall be set back at convex (inside) bends to allow streams to maintain point bars and associated aquatic habitat through normal accretion. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-33 Where bank dikes have already cut off point bars from the edge of the floodway, consideration should be given to their relocation in order to lower flood stages and current velocities. 3. Where dikes are necessary in intermediate gradient floodways to protect fringe areas, tangent diking is preferred over bank levees. Dikes and levees shall be located near the tangent to outside meander bends so that the stream can maintain normal meander progression and utilize most of its natural flood water storage capacity. 4. Proper diversion of surface discharge shall be provided to maintain the integrity of the natural streams, wetlands, and drainages. 5. The outside face of dikes shall be sloped at 1.5:1 (horizontal to vertical) or flatter, and seeded with native grasses. 6. Structural flood hazard reduction measures shall be placed landward of associated wetlands and vegetation conservation areas unless there is no other feasible alternative to reduce flood hazard to existing development. 6.4.3.3 In-stream Structures 1. In-stream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The City may condition the permit to achieve this objective by requiring that the development include features such as setbacks, buffers, or storage basins. 2. Natural in-stream features such as snags, uprooted trees, or stumps should be left in place unless it can be demonstrated that they are not enhancing shoreline ecological function or are a threat to public safety. 3. In-stream structures shall provide for adequate upstream or downstream migration of anadromous fish, where applicable. 4. In-stream structures shall preserve valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided banks. 6.4.3.4 In-stream Structures – Design & Placement 1. In-stream structures and their support facilities shall be located and designed to avoid the necessity for shoreline defense structures. Shoreline defense structures shall be minimized and any impacts mitigated. All diversion structures shall be designed to permit natural transport of bedload materials. 2. Materials adequate to immediately correct emergency erosion situations shall be maintained on-site. City of Ridgefield Shoreline Master Program 6-34 Effective December 17, 2012 3. All debris, overburden and other waste materials from construction shall be disposed of in such a manner so as to prevent their entry into a water body, including a wetland, by erosion, from drainage, high water, or other vectoring mechanisms. 4. All heavy construction equipment, and fuel storage, repair, and construction material staging areas shall be located as far landward as necessary to avoid and minimize impacts to shoreline ecological functions. Powerhouses, but not raceways, shall be located farther than one hundred (100) feet from the OHWM unless there is no feasible alternative and any unavoidable impacts are minimized and mitigated. Penstocks shall be located, designed, and constructed so as to present as low a profile as possible. Powerhouses and penstocks shall be located and designed to return flow to the stream in as short a distance as possible. 5. A mitigation plan that details the objectives of the mitigation activities shall be prepared by the applicant, and be subject to approval by the appropriate authority. 6.4.4 Shoreline Restoration and Enhancement 1. Shoreline restoration and enhancement activities designed to restore shoreline ecological functions and processes and/or shoreline features should be targeted toward meeting the needs of sensitive and/or regionally important plant, fish, and wildlife species and shall be given priority. Implementation of restoration projects on shorelines of statewide significance take precedence over implementation of restoration projects on other shorelines of the state. 2. Shoreline restoration, enhancement, and mitigation activities designed to create dynamic and sustainable ecosystems to assist the city in achieving no net loss of shoreline ecological functions are preferred. 3. Restoration activities shall be carried out in accordance with an approved shoreline restoration plan, and in accordance with the provisions of this Program. 4. To the extent possible, restoration, enhancement, and mitigation activities shall be integrated and coordinated with other parallel natural resource management efforts. Implementation of restoration projects identified in the Shoreline Restoration Plan that are focused on restoring degraded habitat in shoreline jurisdiction take precedence over other restoration projects. 5. Habitat and beach creation, expansion, restoration, and enhancement projects may be permitted subject to required state or federal permits when the applicant has demonstrated that: a. The project will not adversely impact spawning, nesting, or breeding fish and wildlife habitat conservation areas; b. Upstream or downstream properties or fish and wildlife habitat conservation areas will not be adversely affected; City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-35 c. Water quality will not be degraded; d. Flood storage capacity will not be degraded; e. Streamflow will not be reduced; f. Impacts to critical areas and buffers will be avoided and where unavoidable, minimized and mitigated; and g. The project will not interfere with the normal public use of the navigable waters of the state. 6.4.5 Shoreline Stabilization – General 1. New shoreline stabilization to protect new residential development is prohibited. For other types of new development new shoreline stabilization is prohibited unless it can be demonstrated through a geotechnical analysis by a qualified professional that: a. The proposed use cannot be developed without shore protection; or b. Shore protection is necessary to restore ecological functions; or c. Shore protection is necessary for a hazardous substance remediation project. 2. New or expanded shore stabilization shall: a. Be designed using best available science and in accordance with applicable Ecology and WDFW guidelines; b. Not result in a net loss of shoreline ecological functions; c. Not cause significant erosion or beach starvation; d. Not be located where valuable geohydraulic, hydraulic, or biological processes are sensitive to interference and critical to shoreline conservation; e. Document that alternative solutions (including relocation or reconstruction of existing structures) are not feasible or do not provide sufficient protection; f. Demonstrate that future stabilization measures would not be required on the project site or adjacent properties; and g. Be certified by a qualified professional. 3. New or expanded structural shoreline stabilization for existing primary structures, including roads, railroads, and public facilities is prohibited unless there is conclusive evidence documented by a geotechnical analysis that there is a significant possibility that the structure will be damaged within three years as a City of Ridgefield Shoreline Master Program 6-36 Effective December 17, 2012 result of shoreline erosion caused by stream processor waves, and only when significant adverse impacts are mitigated to ensure no net loss of shoreline ecological functions and/or processes. 4. Where a geotechnical analysis confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as three years, the analysis may still be used to justify more immediate authorization for shoreline stabilization using bioengineering approaches. 5. Replacement of an existing shoreline stabilization structure with a similar structure is permitted if there is a demonstrated need to protect existing primary uses, structures or public facilities including roads, bridges, railways, and utility systems from erosion caused by stream undercutting or wave action; provided that, the existing shoreline stabilization structure is removed from the shoreline as part of the replacement activity. Replacement walls or bulkheads shall not encroach waterward of the ordinary high-water mark or existing structure unless the structure is a residence that was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. New or expanded shore stabilization shall be designed in accordance with applicable Ecology and WDFW guidelines and certified by a qualified professional. 6. Shoreline stabilization projects that meet the criteria of Section 2.3.2(18) require a Shoreline Statement of Exemption (Section 2.3.3) and if exempt will be regulated under RCW 77.55.181. Stabilization projects that do not meet these criteria will be regulated by this Program. 7. Small-scale or uncomplicated shoreline stabilization projects (for example, tree planting projects) shall be reviewed by a qualified professional to ensure that the project has been designed using best available science. 8. Large-scale or more complex shoreline stabilization projects (for example, projects requiring fill or excavation, placing objects in the water, or hardening the bank) shall be designed by a qualified professional using best available science. The applicant may be required to have a qualified professional oversee construction or construct the project. 9. Standards for new stabilization structures when found to be necessary include limiting the size to the minimum necessary to achieve the stabilization objective, using measures to assure no net loss of shoreline ecological functions, using soft approaches, and mitigating for impacts. 6.4.6 Bioengineered Stabilization 1. Naturally regenerating systems for the prevention and control of shoreline erosion shall be used instead of structural solutions where: a. The length and configuration of shoreline will accommodate such systems; City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-37 b. Such protection is a reasonable solution to the needs of the specific site; and c. The project will: i. Recreate or enhance natural shoreline conditions; ii. Create or enhance natural habitat; iii. Reverse erosional conditions; or iv. Enhance access to the shoreline, especially to public shorelines. 2. All bioengineered projects shall be designed in accordance with best available science and use a diverse variety of native plant materials including but not limited to trees, shrubs, forbs, and grasses, unless demonstrated infeasible for the particular site. 3. All cleared areas shall be replanted following construction and irrigated (if necessary) to ensure that within three years time all vegetation is fully re- established. Areas that fail to adequately reestablish vegetation shall be replanted with approved plant materials until such time as the plantings are viable. 4. Bank protection in the form of a buffer zone shall be provided for a minimum of three (3) years. The buffer zone shall exclude livestock, vehicles, and/or other activities that could disturb the site. 5. All bioengineered projects shall be monitored and maintained as necessary. Areas damaged by pests and/or the elements shall be promptly repaired. 6. All construction and planting activities shall be scheduled to minimize impacts to water quality and fish and wildlife aquatic and upland habitat, and to optimize survival of new vegetation. 6.4.7 Structural Stabilization 1. Structural stabilization may be allowed when: a. The requirements of Section 6.4.5 are met; b. Alternative measures are demonstrated to be infeasible or insufficient through a geotechnical analysis by a qualified professional; c. The structural stabilization is designed and installation overseen by a qualified professional; d. The structural stabilization is designed so that future stabilization measures will not be necessary on the subject property or other properties; City of Ridgefield Shoreline Master Program 6-38 Effective December 17, 2012 e. The size of the shoreline stabilization structure is limited to the minimum necessary; and f. Impacts are mitigated to result in no net loss of shoreline ecological functions. 6.4.8 Bulkheads 6.4.8.1 Bulkheads - General 1. All bulkheads must be in support of an allowable shoreline use that is in conformance with the provisions of this master program, unless it can be demonstrated that such activities are necessary and in the public interest for the maintenance of shoreline environmental resources. 2. Bulkheads shall be allowed only when evidence is presented that conclusively demonstrates that one of the following conditions exists: a. Serious wave erosion threatens an established primary use or existing primary building(s) on upland property; b. Bulkheads are necessary to the operation and location of water-dependent and water-related activities consistent with this master program, provided that all alternatives have proven infeasible (i.e., use relocation, use design, nonstructural shore stabilization options), and that such bulkheads meet other policies and regulations of this chapter; or c. Proposals for bulkheads have first demonstrated that use of natural materials and processes and nonstructural solutions to bank stabilization are unworkable in protecting existing development. 3. Use of a bulkhead to protect a platted lot where no structure presently exists is prohibited. 4. Natural materials and processes such as protective berms, drift logs, brush, beach feeding, or vegetative stabilization shall be utilized to the maximum extent possible. 5. The construction of a bulkhead for the primary purpose of retaining or creating dry land that is not specifically authorized as a part of the permit shall be prohibited. 6. Bulkheads are prohibited for any purpose if they will cause significant erosion or beach starvation. 6.4.8.2 Bulkhead Location 1. Bulkheads shall not be located on shores where valuable geohydraulic-hydraulic or biological processes are sensitive to interference and critical to shoreline City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-39 conservation, such as feeder bluffs, marches, wetlands, or accretion shoreforms such as spits, hooks, bars, or barrier beaches. 2. Bulkheads are to be permitted only where local physical conditions such as foundation bearing material, surface, and subsurface drainage are suitable. 3. On all shorelines, bulkheads shall be located landward of the OHWM, landward of protective berms (artificial or natural), and generally parallel to the natural shoreline. In addition: a. On bluff or bank shorelines where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the bank as possible, and in no case shall it be more than three (3) feet waterward from the toe of the natural bank; and b. Bulkheads may tie in flush with existing bulkheads on adjoining properties, provided that (1) the adjoining bulkheads were built at or near the OHWM, and (2) the new bulkhead does not extend more than three feet waterward of OHWM at any point. If there is an existing bulkhead on only one of the adjacent properties, the proposed bulkhead may tie in flush with the adjacent bulkhead at or landward of the OHWM, and shall be contoured to minimize the land area waterward of the required setback, that shall be met on the side not abutting an existing bulkhead. 4. Replacement bulkheads may be located immediately in front of and abutting (sharing a common surface) an existing bulkhead, provided that replacement bulkheads shall not be authorized abutting an abandoned or neglected bulkhead, or a bulkhead in serious disrepair that is located more than three feet waterward of OHWM. Replacement of such bulkheads shall be located at OHWM. 6.4.8.3 Bulkhead Design 1. Bulkhead design and development shall conform to all other applicable state agency policies and regulations, including the WDFW criteria governing the design of bulkheads. 2. When a bulkhead is required at a public access site, provision for safe access to the water shall be incorporated into bulkhead design. 3. Bulkheads shall be designed with the minimum dimensions necessary to adequately protect the development for the expected life of the development. 4. Bulkheads shall be designed to permit the passage of surface or ground water without causing ponding or saturation of retained soil/materials. 5. Adequate toe protection consisting of proper footings, a fine retention mesh, etc., shall be provided to ensure bulkhead stability without relying on additional riprap. City of Ridgefield Shoreline Master Program 6-40 Effective December 17, 2012 6. Stairs or other permitted structures may be built into a bulkhead, but shall not extend waterward of it. 7. Materials used in bulkhead construction shall meet the following standards: a. Bulkheads shall utilize stable, non-erosional, homogeneous materials such as concrete, wood, rock riprap, or other suitable materials that will accomplish the desired end with the maximum preservation of natural shoreline characteristics. b. Beach materials shall not be used for fill behind bulkheads unless it is specifically authorized by the permit, and then only when it is demonstrated that leaving the material on the beach would be detrimental to shoreline resources. 8. Gabions (wire mesh filled with concrete or rocks) shall not be used in bulkhead construction where alternatives more consistent with this Program are feasible, because of their limited durability and the potential hazard to shore users and the shoreline environment. 9. Fill behind bulkheads shall meet the requirements of Section 5.6.2. 6.4.9 Revetments 6.4.9.1 Revetments - General 1. Revetments must be in support of an allowable shoreline use that is in conformance with the provisions of this Program, unless it can be demonstrated that such activities are necessary and in the public interest for the maintenance of shoreline environmental resources. 2. Design of revetments shall include and provide improved access to public shorelines whenever possible and appropriate. All forms of revetments shall be constructed and maintained in a manner that does not reduce water quality and/or fisheries habitat. 3. Design of the proposed revetment shall incorporate proper consideration of: a. Data on local geophysical conditions; b. Data on stream flow, velocity, and/or flood capacity; and c. Effects on adjacent properties. 4. Bank revetments, where permitted, shall be placed at the extreme edge or bank of the shoreline. 5. Revetments shall only be used when habitat-friendly alternatives are not feasible. City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-41 6.4.9.2 Revetment - Design 1. When permitted, the siting and design of revetments shall be performed using appropriate engineering principles, including guidelines of the Natural Resources Conservation Service and the U. S. Army Corps of Engineers. 2. Revetment shall be constructed using techniques and materials that will enhance natural shoreline values and functions, including fish and wildlife habitat, water quality, vegetation, and aesthetics. The following techniques and materials shall be used: a. Riprap material shall consist of clean quarried rock, free of loose dirt and any pollutants, and shall be of sufficient size and weight to prevent movement by wave or current action. Tires, automobile bodies, scrap metal paper products, and other inappropriate solid waste materials shall not be used for riprap. b. Use of downed logs, snags, or rock-work to enhance habitat and to provide a more natural appearance to the shoreline shall be incorporated into the design where appropriate. c. Where on-site environmental conditions allow, vegetation shall be integrated into the riprap design to reduce erosion, provide cover, shade and habitat, and improve the natural appearance of the shoreline, consistent with the applicable vegetation management provisions of this Program. 3. If an armored revetment is employed, the following design criteria shall be met. a. The size and quantity of the material shall be limited to only that necessary to withstand the estimated energy intensity of the hydraulic system; b. Filter cloth must be used to aid drainage and help prevent settling; and c. The toe reinforcement or protection must be adequate to prevent a collapse of the system from river scouring or wave action for the anticipated life of the project. 4. The area shall be restored as nearly as possible to pre-project condition, including replanting with native species and maintenance care until the newly planted vegetation is established. 6.4.10 Breakwaters, Jetties, Rock Weirs, and Groins 6.4.10.1 Breakwaters, Jetties, Rock Weirs, and Groins - General 1. All breakwaters, jetties, rock weirs, and groins are allowed only by Shoreline Conditional Use Permit and where necessary to support water-dependent uses, public access, shoreline stabilization, or other specific public purpose. City of Ridgefield Shoreline Master Program 6-42 Effective December 17, 2012 2. Applicants proposing groins, jetties, and solid breakwaters shall notify all shoreline landowners within the same drift sector. If it is not possible to make a reasonable determination of the drift sector, all shoreline land owners within one mile of the project proposal shall be notified. 3. The effect of proposed breakwaters, jetties, rock weirs, and groins on sand movement shall be evaluated during permit review. The beneficiaries and/or owners of large-scale defense works that substantially alter, reduce, or block littoral drift, and cause new erosion of downdrift shores shall be required to establish and maintain an adequate long term beach feeding program either by artificially transporting sand to the downdrift side of an inlet with jetties or by artificial beach feeding in the case of groins, breakwaters, and rock weirs. 4. The effect of proposed breakwaters, jetties, rock weirs, and groins on bank margin habitat, channel migration, and floodplain processes should be evaluated during permit review. 6.4.10.2 Breakwaters, Jetties, Rock Weirs, and Groins - Location 1. Breakwaters shall be prohibited in lakes. 2. Jetty, rock weir, or groin development that would result in a net adverse impact on adjacent and nearby properties and shorelines is prohibited. 6.4.10.3 Breakwaters, Jetties, Rock Weirs, and Groins – Design 1. Proposed designs for new or expanded breakwaters, jetties, rock weirs, and groins shall be designed and certified by a registered civil engineer. 2. The design of breakwaters, jetties, rock weirs, and groins shall conform to all applicable requirements established by the Washington Departments of Fish and Wildlife, and the U.S. Army Corps of Engineers. Breakwaters, jetties, rock weirs, and groins shall be designed and constructed in a manner that will prevent detrimental impacts on water circulation, sand movement, and aquatic life. The design shall also minimize impediments to navigation and to visual access from the shoreline. 3. The design of new breakwaters, groins, and jetties shall incorporate provisions for public access such as sightseeing and public fishing if it is determined such access is feasible and desirable. Open-pile or floating breakwaters shall be the only type allowed unless it can be shown that solid breakwaters will have no significant adverse effect on the aquatic biology and shore processes, or that such adverse effects can be adequately mitigated. 4. Materials used for the construction of breakwaters, jetties, rock weirs, and groins shall exhibit the qualities of long-term durability, ease of maintenance, and compatibility with local shore features, processes, and aesthetics. The use of solid City of Ridgefield Shoreline Master Program Effective December 17, 2012 6-43 waste, junk, or abandoned automobiles, asphalt, or any building demolition debris is prohibited. 5. Floating breakwaters shall be used in place of solid, rubble mound types wherever they can withstand anticipated wave action in order to maintain sand movement and protect fish and aquatic habitat. This Page Intentionally Left Blank City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-1 CHAPTER 7 ADMINISTRATION AND ENFORCEMENT 7.1 General Provisions 1. Except as specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to RCW 90.58, the Act and this Program. 2. Uses and developments that are not considered substantial developments pursuant to RCW 90.58.030(3)(e), WAC 173-27-040, and Section 2.3.2 of this Program shall not require a Shoreline Substantial Development Permit but shall conform to the policies and regulations of this Program and the Act and shall obtain a Statement of Exemption (Sections 2.3.3 and 7.2.4). 3. Classification of a use or development as “P” on Table 6-1 means the use/development may be allowed subject to review and approval by the City and/or Ecology. The City may attach conditions of approval to any permitted use via a permit or Shoreline Statement of Exemption as necessary to assure consistency of a project with the Act and this Program. 4. To be authorized under this Program, all uses and developments shall be planned and carried out in a manner that is consistent with the City codes and this Program regardless of whether a Shoreline Substantial Development Permit, Shoreline Statement of Exemption, Shoreline Variance, or Shoreline Conditional Use Permit is required. 5. Applicants requesting review for permits or Shoreline Statement of Exemption under this Program have the burden to prove that the proposed development or activity is consistent with the criteria that must be met before a permit or Shoreline Statement of Exemption is granted. 6. Applicants shall submit all information and documentation determined by the Shoreline Administrator as necessary to process an application 7. The City shall not issue any permit for development within the shoreline jurisdiction until approval has been granted pursuant to this Program. 8. A development or use that does not comply with the bulk, dimensional, and/or performance standards of this Program shall require a Shoreline Variance even if the development or use does not require a Shoreline Substantial Development Permit. 9. A development or use that is listed as a conditional use pursuant to this Program, or is an unlisted use, must obtain a Shoreline Conditional Use Permit even if the development or use does not require a Shoreline Substantial Development permit. City of Ridgefield Shoreline Master Program 7-2 Effective December 17, 2012 10. Issuance of a Shoreline Substantial Development Permit, Shoreline Variance or Shoreline Conditional Use Permit does not constitute approval pursuant to any other federal, state or City laws or regulations. 11. All shoreline permits or statements of exemption issued for development or use within shoreline jurisdiction shall include written findings prepared by the Shoreline Administrator, documenting compliance with bulk and dimensional policies and regulations of this Program. The Shoreline Administrator may attach conditions to the approval as necessary to assure consistency with the RCW 90.58 and this Program. Such conditions may include a requirement to post a performance bond assuring compliance with permit requirements, terms and conditions. 12. Proposed actions that would alter designated critical areas or their buffers, as established by this Program (Section 5.3 and Chapter 5A) shall be reviewed for compliance with this Program. If required, the applicable critical area report and/or mitigation plan and/or habitat management plan shall be submitted as part of the development application or request for Shoreline Statement of Exemption. The critical area review shall be conducted and processed in conjunction with the highest threshold of review that is applicable to the primary development proposed: a. Shoreline Statement of Exemption; b. Land Use Permit or Building Permit; c. Excavation, Grading, Clearing and Erosion Control Permit; d. SEPA Threshold Determination; e. Shoreline Substantial Development Permit; f. Shoreline Conditional Use Permit; g. Shoreline Variance; or h. Revisions to Shoreline Permits. 7.2 Administrative Authority and Responsibility 7.2.1 Shoreline Administrator 1. The responsible official or his/her designee is the Shoreline Administrator for the City. 2. The Shoreline Administrator shall execute the duties and responsibilities assigned in this Program. City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-3 3. The Shoreline Administrator shall document all project review actions in shoreline areas in order to periodically evaluate the cumulative effects of authorized development on shoreline conditions per WAC 173-26-191. 7.2.2 State Department of Ecology and Attorney General 1. The duties and responsibilities of Ecology shall include, but are not limited to the following: a. Reviewing and approving Program amendments prepared by the City pursuant to WAC 173-26-120 (State Process for Approving/Amending Shoreline Master Programs). b. Amendments or revisions to the Program, as provided by law, do not become effective until approved by the Washington State Department of Ecology. c. Final approval and authority to condition or deny Shoreline Conditional Use Permits and Shoreline Variance Permits filed by the City. 2. Ecology and the Attorney General have the authority to review and petition for review City’s permit decisions. Petitions for review must be commenced within twenty one (21) days from the date the final decision was filed. 7.2.3 Administrative Interpretations 1. Interpretation, enforcement, and administration of this Program shall be in conformance with the provisions of WAC 173-26-140. The City establishes the following procedures for processing Administrative Interpretations: a. Any person may request in writing the Shoreline Administrator's interpretation of a code provision of this Program when it pertains to a specific property or project by means of a Type I application pursuant to RMC 18.310.060. b. The Shoreline Administrator may independently initiate an interpretation of any conflicting or unclear provisions of this Program. c. Prior to issuing an interpretation, the Shoreline Administrator shall formally consult with the Ecology to insure that any formal written interpretations are consistent with the purpose and intent of chapter 90.58 RCW and the applicable guidelines. d. To ensure that Shoreline Administrator interpretations are applied consistently over time, the Shoreline Administrator shall catalog these interpretations. The catalogued interpretations shall be retained on file by the Shoreline Administrator. 2. Chapter 5A, RMC 18.280.170, Critical Areas Protection; Chapter 5A, RMC 18.750.010; and Chapter 8, Definitions contain several of the same or similar City of Ridgefield Shoreline Master Program 7-4 Effective December 17, 2012 definitions. These definitions are to be read and interpreted together to fulfill the purposes and policies of the Act and this Program, giving deference to RCW 90.58 definitions and highest priority to protection of shoreline ecological functions. See Sections 1.5 and 1.7(4). 7.2.4 Statement of Exemption 1. Any person requesting an exemption from the Shoreline Substantial Development Permit review procedures shall submit a completed application for Shoreline Statement of Exemption to the Shoreline Administrator. 2. For emergency development, a complete application for a Statement of Exemption must be submitted to the Shoreline Administrator within seven days after the emergency has been abated. The property owner, person, or agency undertaking the emergency action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to shoreline ecological functions resulting from the emergency action, as identified by the Shoreline Administrator in a written decision consistent with RMC 18.310.070 issued within 42 days of receipt of the application. Restoration and/or mitigation activities must be initiated within 42 days of the date of the decision is issued or as otherwise determined by the Shoreline Administrator, and completed in a timely manner. 3. Applications for Statements of Exemption are to be processed using the Type II procedures as set forth in RMC 18.310.070. 7.2.5 Shoreline Substantial Development Permits. 1. Applications for Shoreline Substantial Development Permits are to be processed using the Type III review procedures as set forth in RMC 18.310.080 and the requirements of RCW 90.58 and WAC 173-27. In accordance with WAC 173-27- 110(2)(e), the city shall accept public comments for 30 days from the notice of pending review. 2. Applications shall be reviewed, and shall only be approved if the application conforms with the criteria for approval found in this Program and WAC 173-27-150. 3. If no local appeal has been timely filed, the Shoreline Administrator shall forward the application and decision to Ecology in compliance with the provisions of Section 7.3, Ecology Review and WAC 173-27-130 or its successor. 7.2.6 Shoreline Conditional Use Permits. 1. Shoreline Conditional Use Permits are required for any proposed use or development which is listed as a conditional use in this program and for any use not specifically addressed in this program. A Shoreline Conditional Use Permit cannot be used to allow any use or structure specifically prohibited by this program. 2. Applications for Shoreline Conditional Use Permits are to be processed using the City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-5 Type III review procedures as set forth in RMC 18.310.080 and the requirements of RCW 90.58 and WAC 173-27. In accordance with WAC 173-27-110(2)(e), the city shall accept public comments for 30 days from the notice of pending review. 3. Applications shall be reviewed, and shall only be approved if the application conforms with the criteria for approval found in this Program and WAC 173-27- 160. 4. Upon completion of the local decision process, the Shoreline Administrator shall forward the application and decision to Ecology in compliance with the provisions of Section 7.3, Ecology Review and WAC 173-27-130 or its successor.. 7.2.7 Shoreline Variance Permits 1. The purpose of a Shoreline Variance Permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in this Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. 2. Applications for Shoreline Variance Permits are to be processed using the Type III review procedures as set forth in RMC 18.310.080 and the requirements of RCW 90.58 and WAC 173-27. In accordance with WAC 173-27-110(2)(e), the city shall accept public comments for 30 days from the notice of pending review. 3. Applications shall be reviewed, and shall only be approved if the application conforms with the criteria for approval found in this Program and WAC 173-27- 170. 4. Upon completion of the local decision process, the Shoreline Administrator shall forward the application and decision to Ecology in compliance with the provisions of Section 7.3, Ecology Review and WAC 173-27-130 or its successor. 7.2.8 Revisions to Shoreline Permits 1. A Shoreline Substantial Development, Shoreline Conditional Use, or Shoreline Variance Permit revision is required whenever the applicant proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this Program and/or the policies and provisions of chapter 90.58 RCW. Changes which are not substantive in effect do not require approval of a revision. All revisions shall be processed in accordance with WAC 173-27-100. 2. When an applicant seeks to revise a permit, the applicant shall complete an application for Shoreline Permit Revision. The applicant shall provide detailed plans and text describing the proposed changes. The Shoreline Permit Revision City of Ridgefield Shoreline Master Program 7-6 Effective December 17, 2012 application shall be processed using the Type I procedures set forth in RMC 18.310.060 and the requirements of RCW 90.58 and WAC 173-27. 3. If the proposed changes are determined to be within the scope and intent of the original permit, and are consistent with this Program and the Act, the City may approve a revision. 4. "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 may be increased a maximum of ten percent from the provisions of the original permit; c. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a Shoreline Variance granted as the original permit or a part thereof; d. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program; e. The use authorized pursuant to the original permit is not changed; and f. No adverse environmental impact will be caused by the project revision. 5. Revisions to permits may be authorized after original permit authorization has expired under RCW 90.58.143. The purpose of such revisions shall be limited to authorization of changes which are consistent with this section and which would not require a permit for the development or change proposed under the terms of chapter 90.58 RCW, this regulation and this Program. If the proposed change constitutes substantial development then a new permit is required. Provided, this subsection shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit. 6. If the sum of the revision and any previously approved revisions under WAC 173- 27-100 or this section violate the provisions in Section 7.2.8(4), the City shall require that the applicant apply for a new permit. 7. The revision approval, including the revised site plans and text consistent with the provisions of WAC 173-27-180 as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section shall be filed with Ecology. In addition, the Shoreline Administrator shall notify parties of record of the action. City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-7 8. If the revision to the original permit involves a conditional use or variance, the Shoreline Administrator shall submit the revision to Ecology for Ecology's approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of WAC 173-27. 9. Upon receipt of Ecology’s final decision, the Shoreline Administrator shall notify parties of record of Ecology's final decision within 14 days. 10. The revised permit is effective immediately upon final decision through the Type I process set forth in RMC 18.310.060, or when appropriate under Section 7.2.8(8), upon final action by Ecology. 11. Appeals shall be made to the Shorelines Hearing Board in accordance with RCW 90.58.180. 7.2.9 Master Program Amendments 1. This Program shall be periodically reviewed no later than eight (8) years following its approval by Ecology and adjustments shall be made as are necessary to reflect changing local circumstances, new information or improved data, and changes in State statutes and regulations. This review process shall be consistent with WAC 173-26 requirements and shall include a local citizen involvement effort and public hearing to obtain the views and comments of the public. The Program shall be consistent with the City comprehensive plan and development regulations adopted under RCW 36.70A and other local requirements. 2. Any of the provisions of this Program may be amended as provided for in RCW 90.58.120 and .200 and Chapter 173-26 WAC through the Type IV procedure set forth in RMC 18.310.090. Amendments or revision to this Program, as provided by law, do not become effective until approved by Ecology. 3. Proposals for shoreline re-designation (i.e., amendments to the shoreline maps and descriptions) must demonstrate consistency with the criteria set forth in WAC 173- 22-040. 7.3 Ecology Review 1. Ecology shall be notified of any Substantial Development, Conditional Use or Variance Permit decisions made by the City of Ridgefield, whether it is an approval or denial. The notification shall occur after all local administrative appeals related to the permit have concluded or the opportunity to initiate such appeals has lapsed. When a Substantial Development Permit and either Conditional Use or Variance Permit are required for a development, the submittal of the permits shall be made concurrently. The Shoreline Administrator shall file the following with Ecology and the Attorney General: a. A copy of the complete application per WAC 173-27-180; City of Ridgefield Shoreline Master Program 7-8 Effective December 17, 2012 b. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable Program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s); c. The final decision of the City; d. The permit data sheet per WAC 173-27-990; e. Affidavit of public notice; and f. Where applicable, the documents required by the State Environmental Policy Act (RCW 43.21C). 2. When the project has been modified in the course of the City’s review process, plans or text shall be provided to Ecology that clearly indicates the final approved plan. 3. If Ecology determines that the submittal does not contain all of the documents and information required by this section, Ecology shall identify the deficiencies and notify the City and the applicant in writing. Ecology will not act on Conditional Use or Variance Permit submittals until the material requested in writing is received. 4. Ecology shall convey to the City and applicant its final decision approving, approving with conditions, or disapproving the permit within thirty (30) days of the date of submittal by the City. The Shoreline Administrator shall notify those interested persons having requested notification of such decision. 5. Ecology shall base its determination to approve, approve with conditions or deny a Conditional Use Permit or Variance Permit on consistency with the policy and provisions of the SMA, the criteria listed in this Program and the provisions of WAC 173-27-160 for Shoreline Conditional Use Permits, WAC 173 27-170 for Shoreline Variances and WAC 173-27-210 relating to minimum standards for Shoreline Conditional Use and Shoreline Variance Permits. 7.4 Hearings and Appeals 7.4.1 Hearings 1. When an open-record hearing is required for an application on a specific site or project, all other land use permit approvals associated with that specific site or project shall be considered concurrently. Therefore, in this situation, Type I and II shoreline applications shall be bundled with Type III land use and shoreline applications and any accompanying environmental appeal under RMC 18.810 and all shall be considered concurrently through the Type III process. City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-9 7.4.2 Appeals 1. Type II shoreline decisions (Administrative Interpretations, Statements of Exemption, and revisions to Shoreline Substantial Development Permits, but not revisions to Shoreline Conditional Use or Shoreline Variance Permits) may be appealed using Type III procedures in RMC 18.310.100. 2. Type III final decisions on appeals of Type II shoreline decisions as described in Section 7.4.2(1) and Shoreline Substantial Development Permits may be appealed to the Shoreline Hearings Board in accordance with RCW 90.58.180 and WAC 461-08. Such appeals must be filed within twenty-one (21) days from the date the permit decision was filed. 3. Type III decisions on Shoreline Conditional Use Permits, Shoreline Variance Permits, and Type I decisions on revisions to them are final decisions of the City which shall be submitted to Ecology for its final decision pursuant to Section 7.3. Ecology’s final decision may be appealed to the Shoreline Hearings Board in accordance with 90.58.180 and WAC 461-08. Such appeals must be filed within twenty-one (21) days from the date the permit decision was filed. 4. Appeals of revisions to shoreline Shoreline Substantial Development, Shoreline Conditional Use, and Shoreline Variance Permits shall be based only upon contentions that a revision is not within the scope and intent of the original permit (Section 7.2.8(4)). 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. 5. Type IV shoreline decisions (Shoreline Master Program amendments) are final decisions of the City which shall be submitted to Ecology for its final decision pursuant to Section 7.2.9. Ecology’s final decision may be appealed to the Growth Management Hearings Board in accordance with 90.58.190 and WAC 173-26-130. 7.5 Commencement of Development Activity and Permit Validity 1. No construction pursuant to a Shoreline Substantial Development, Shoreline Variance or Shoreline Conditional Use Permit authorized by this program shall begin or be authorized and no building, grading or other construction permits shall be issued by the City until twenty-one (21) days from the date the permit decision was filed or until all review proceedings are terminated. 2. Construction may be commenced no sooner than thirty (30) days after the date the appeal of the Shorelines Hearings Board's decision is filed if a permit is granted by the City, and City of Ridgefield Shoreline Master Program 7-10 Effective December 17, 2012 a. The granting of the permit is appealed to the Shorelines Hearings Board within twenty-one (21) days of the date of filing; b. The hearings board approves the granting of the permit by the City or approves a portion of the substantial development for which the City issued the permit; and c. An appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW. 3. Construction activities shall be commenced, or where no construction activities are involved, the use or activity shall be commenced within two (2) years of the effective date of a Shoreline Substantial Development Permit. The Shoreline Administrator may authorize a single extension for a period not to exceed one (1) year based on reasonable factors through a Type I process as set forth at RMC 18.310.060, if a request for extension has been filed before the expiration date and notice of proposed extension is given to parties of record on the Shoreline Substantial Development Permit and to Ecology. 4. Authorization to conduct construction activities shall terminate five (5) years after the effective date of a Shoreline Substantial Development Permit. The Shoreline Administrator may authorize a single extension for a period not to exceed one (1) year based on reasonable factors through a Type I process as set forth at RMC 18.310.060, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and Ecology. 5. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the Program and the Act, the Shoreline Administrator may adopt different time limits from those set forth in Sections 7.5(3) and 7.5(4) as a part of action on a Shoreline Substantial Development Permit. 6. The effective date of a Shoreline Substantial Development Permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in Sections 7.5(3) and 7.5(4) do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. The Shoreline Administrator shall notify Ecology in writing of any change to the effective date of a permit, as authorized by this Section 7.5(6), with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as amended shall require a new permit application. City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-11 7.6 Enforcement 7.6.1 General Enforcement 1. It shall be unlawful to violate the provisions of this program. 2. These shoreline regulations shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. 3. The Shoreline Management Act calls for a cooperative enforcement program between local and state government. It provides for both civil and criminal penalties, orders to cease and desist, orders to take corrective action and permit rescission. 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. 4. Enforcement action by the City of Ridgefield or Ecology may be taken whenever a person has violated any provision of the act or this program. Civil or criminal enforcement action shall be taken pursuant to RMC 18.395 and the applicable requirements of RCW 90.58 and WAC 173-27. Where there is a conflict between Ridgefield Municipal Code procedures and procedures required by RCW 90.58 or WAC 173-27, the RCW and WAC requirements shall prevail. 5. The choice of enforcement action and the severity of any penalty should be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the existence or degree of bad faith of the persons subject to the enforcement action. 6. The Shoreline Administrator, and/or duly authorized representative, shall have the authority to enforce the shoreline regulations of the City of Ridgefield. 7. The Shoreline Administrator or duly authorized representative of the Shoreline Administrator may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this Program. 8. No provision of, or term used in, this code is intended to impose upon the City of Ridgefield, or any of its officers or employee, any duty which would subject them to damages in a civil action. City of Ridgefield Shoreline Master Program 7-12 Effective December 17, 2012 7.6.2 Investigation and Notice of Violation 1. In accordance with RMC 18.395.030, an investigation shall be made of any structure or use which the City reasonably believes does not comply with the standards and requirements of this Program. 2. If, after an investigation, it is determined that the standards or requirements of this Program have been violated, the City of Ridgefield and/or Ecology shall have the authority to serve upon a person a notice and/or order in accordance with the provisions of RMC 18.395.050 and .080. a. A civil penalty under WAC 173-27-280 may be issued with the notice or order. b. The notice or order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. c. Failure to comply with the terms of the notice or order can result in enforcement actions including, but not limited to, those listed in RMC 18.395.060, .070, and .100. 7.6.3 Requirement for Restoration Plan 1. In the event the City initiates enforcement action under this Program or files a complaint in court, the City may require a restoration plan consistent with the requirements of this Program. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in Chapter 5A, RMC 18.280.100(C). The shoreline administrator shall, at the violator’s expense, seek expert advice in determining whether the plan restores the affected area to its pre- existing condition or, where that is not possible, restores the functions of the affected area. Inadequate plans shall be returned to the applicant or violator for revision and re-submittal. 2. Minimum Performance Standards for Restoration a. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area, provided that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: i. The structure and functions of the critical area or buffer prior to violation shall be restored, including water quality and habitat functions; ii. The soil types and configuration prior to violation shall be replicated; iii. The critical area and buffers shall be replanted with native vegetation (the City’s list of native species is at RMC 18.830); and City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-13 iv. Information demonstrating compliance with the requirements in Chapter 5A, RMC 18.280.050(E) Mitigation Plan Requirements shall be submitted to the Shoreline Administrator. b. For alterations to frequently flooded and geologic hazard areas, the following minimum performance standards shall be met for the restoration of a critical area or buffer, provided that, if the violator can demonstrate that greater safety can be obtained, these standards may be modified: v. The hazard shall be reduced to a level equal to, or less than, the pre- violation hazard; vi. The risk of personal injury resulting from the alteration shall be eliminated or minimized; vii. Drainage patterns shall be restored to those existing before the alteration; and viii.The hazard area and buffers shall be replanted consistent with pre-violation conditions with native vegetation sufficient to minimize the hazard. As a condition of the restoration plan, the applicant shall grant reasonable access to the property. 7.6.4 Penalties 1. Any person found to have willfully engaged in activities on the City’s shorelines in violation of the Shoreline Management Act of 1971 or in violation of this Program or who fails to conform to the terms of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit or Shoreline Variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of the state without first obtaining a permit, or who fails to comply with a cease and desist order issued under these regulations may be subject to a civil or criminal penalty by the City of Ridgefield in accordance with RMC 18.395. Ecology may impose a penalty jointly with the City, or alone only upon an additional finding that a person: a. Has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule; or b. Has been given previous notice of the same or similar type of violation of the same statute or rule; or c. The violation has a probability of placing a person in danger of death or bodily harm; or d. Has a probability of causing more than minor environmental harm; or City of Ridgefield Shoreline Master Program 7-14 Effective December 17, 2012 e. Has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars. 2. In the alternative, a penalty may be issued to a person by the City alone, or jointly with Ecology for violations which do not meet the criteria of subsection (1)(a) through (e) of this section, after the following information has been provided in writing to a person through a technical assistance visit or a notice of correction: a. A description of the condition that is not in compliance and a specific citation to the applicable law or rule; b. A statement of what is required to achieve compliance; c. The date by which the City requires compliance to be achieved; d. Notice of the means to contact any technical assistance services provided by the City or other agencies; and e. Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the City of Ridgefield. 3. Amount of penalty. The civil or criminal penalty shall be as established in RMC 18.395 and 9.01, RCW 90.58.220 and WAC 173-27-280. 4. 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. 5. Notice of penalty. A civil penalty 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 City of Ridgefield or Ecology, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time. 6. Right of appeal. Persons incurring a penalty imposed by Ecology or imposed jointly by the City of Ridgefield and Ecology may appeal the same to the shorelines hearings board. Appeals to the shorelines hearings board are adjudicatory proceedings subject to the provisions of chapter 34.05 RCW. Persons incurring a penalty imposed by local government may appeal the same to the local government legislative authority. 7. Timing of appeal. Appeals shall be filed within thirty days of the date of receipt of the penalty. The term "date of receipt" has the same meaning as provided in RCW 43.21B.001. City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-15 8. Penalties due. a. Penalties imposed shall become due and payable thirty days after receipt of notice imposing the same unless an appeal is filed. Whenever an appeal of a penalty is filed, the penalty shall become due and payable upon completion of all review proceedings and upon the issuance of a final decision confirming the penalty in whole or in part. b. If the amount of a penalty owed the City of Ridgefield is not paid within thirty days after it becomes due and payable, the City will take actions necessary to recover such penalty, including any applicable actions listed in RMC 18.395. If the amount of a penalty owed Ecology is not paid within thirty days after it becomes due and payable, the attorney general, upon request of Ecology, shall bring an action in the name of the state of Washington to recover such penalty. 9. Penalty recovered. Penalties recovered by the City of Ridgefield shall be paid to the city treasurer. Penalties recovered by Ecology shall be paid to the state treasurer. Penalties recovered jointly by the City and Ecology shall be divided equally between the City and Ecology unless otherwise stipulated in the order. 7.6.5 Violations – Subsequent Development and Building Permits No building permit or other development permit shall be issued for any parcel of land developed or divided in violation of this Program. All purchasers or transferees of property shall comply with provisions of the Act and this Program and each purchaser of transferee may recover damages from any person, firm, corporation, or agent selling, transferring, or leasing land in violation of the Act or this Program. Damages may include 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 Program as well as costs of investigation, suit, and reasonable attorney’s fees occasioned thereby. Such purchaser, transferee, or lessor, as an alternative to conforming their property to these requirements, may rescind the sale, transfer, or lease and recover costs of investigation, litigation and reasonable attorney’s fees occasioned thereby from the violator. 7.7 Public and Private Redress 1. Any person subject to the regulatory program of this Program who violates any provision of this Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 2. The City Attorney may bring suit for damages under this section on behalf of the City. Nothing in this section precludes private persons from bringing suit for damages on their own behalf. If liability has been established for the cost of restoring an area affected by violation, the court shall make provisions to assure City of Ridgefield Shoreline Master Program 7-16 Effective December 17, 2012 that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the court, in its discretion, may award attorneys’ fees and costs of the suit to the prevailing party. 7.8 Fees for Permits Obtained after Development 1. Permits obtained following, rather than prior to, the commencement of a development or use shall be three (3) times the normal amount. This provision is in addition to the enforcement measures contained in this Program. 2. Delinquent permit penalties shall be paid in full prior to resuming the use or activity. 7.9 Rescission of Permits 1. This section applies to requests or decisions to rescind Shoreline Substantial Development Permits, Shoreline Conditional Use Permits and Shoreline Variances. 2. Approved Shoreline Substantial Development permits, Shoreline Conditional Use Permits and Shoreline Variances may be rescinded or modified through a Type III process. 3. City staff or any other persons who are aggrieved by activities undertaken under a shoreline permit may request such rescission or modification in writing. 4. Upon receipt of a request for rescission, the Shoreline Administrator shall schedule a public hearing for the next public hearing date where the review can be accommodated and the required notice given. 5. Notice of Public Hearing. a. The Shoreline Administrator shall publish a notice of the rescission hearing at least fourteen days before the hearing date. b. The Shoreline Administrator shall mail notice of the hearing to the party to which the permit was issued, the owner of the property for which the permit was issued, the person or persons who requested the permit rescission or modification and any persons who requested notice of the hearing in writing at least ten days before the hearing date. c. The notice shall include the following information: i. The name of the permit holder and, if applicable, the project name. ii. The street address of the subject property and a description of the property in non-legal terms sufficient to identify the location. iii. A brief description of the issues. City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-17 iv. The date, time and place of the public hearing. v. A statement of the right of any person to participate in the public hearing by providing written statements before or at the hearing and orally at the hearing. 6. The public hearing shall be held before the City decides whether to rescind or add conditions to the permit or variance. Any person can submit written statements or speak. At the hearing, such additional information as is reasonably necessary to evaluate whether the permit or variance should be rescinded or modified may be requested. 7. After the public hearing has concluded, whether to rescind, modify, or add conditions to the permit shall be decided. a. The decision may be made at the same public meeting as the public hearing or at another public meeting. The decision shall be issued within fourteen days of closure of the public record. b. The decision shall be based on the decision criteria in Section 7.9(13). c. If the decision is to rescind the permit, restoration or reclamation of the property may be required and time limits set for the completion of these activities. d. The decision shall include findings of fact and conclusions which support the decision and any required conditions. 8. Unless appealed to City Council, the decision and the findings of fact and conclusions shall be reduced to writing and mailed by the Shoreline Administrator to the permit holder, the property owner, Ecology and the Washington State Attorney General within fourteen days of the date of the decision. 9. Effect of Decision. a. Unless appealed to the City Council, the decision is the final decision of the City. b. If the permit is rescinded, all activity authorized by the Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance shall immediately cease, unless a period of time to complete the activity or reclaim the site is granted, or a court authorizes continued operation during an appeal. 10. Appeal of decision to City Council. a. The City Council shall hold a public hearing before deciding whether to uphold or overturn the initial decision to rescind or add conditions to the permit or variance. Any person can submit written statements or speak. At the hearing, members of the City Council may request such additional information as is reasonably necessary to evaluate whether the permit or variance should be rescinded. City of Ridgefield Shoreline Master Program 7-18 Effective December 17, 2012 b. After the public hearing has concluded, the City Council shall decide whether to uphold or overturn the decision to rescind modify, or add conditions to the permit. The City Council shall also have the authority to modify the initial decision to rescind, modify, or add conditions to the permit. c. The decision may be made at the same public meeting as the public hearing or at another public meeting. The City Council Commission shall vote on the rescission within 32 days of the initial public hearing date. d. The decision shall be based on the decision criteria in Section 7.9(13). e. If the City Council upholds or modifies the initial decision to rescind the permit, the City Council may require restoration or reclamation of the property and may set time limits for the completion of these activities. f. In its decision on the appeal of the initial decision, the City Council shall adopt findings of fact and conclusions which support the decision and any required conditions. 11. The decision of the City Council on the appeal of the initial decision shall include the findings of fact and conclusions, and shall be reduced to writing and mailed by the Shoreline Administrator to the permit holder, the property owner, Ecology and the Washington State Attorney General within twelve days of the date of the decision. 12. Effects of Decision. a. The decision of the City Council on the appeal of the initial decision on the rescission may be appealed to the Washington State Shorelines Hearings Board as provided in RCW 90.58.180 and Chapter 461-08 WAC. b. If, on appeal, the City Council rescinds the permit, all activity authorized by the Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance shall immediately cease, unless the City Council grants a period of time to complete the activity or reclaim the site or a court authorizes continued operation during an appeal. 13. Criteria for Rescission. a. On appeal, the decision maker may rescind or modify a permit if the decision maker finds that one or more of the following criteria are met. i. The permit approval was obtained by fraud or through the provision of misleading application material. ii. The permit is being exercised contrary to the terms or conditions of approval or in violation of law. City of Ridgefield Shoreline Master Program Effective December 17, 2012 7-19 iii. The use or activity for which approval was granted is being exercised so as to be detrimental to the public health, safety, or welfare. 14. Ecology may initiate permit rescission. Under the provisions of RCW 90.58.140(8), if Ecology is of the opinion that noncompliance exists, Ecology shall provide written notice to the City and the permittee. If Ecology is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the City has taken no action to rescind the permit, Ecology may petition the hearings board for a rescission of the permit upon written notice of the petition to the City and the permittee if the request by Ecology is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government. This Page Intentionally Left Blank City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-1 CHAPTER 8 DEFINITIONS Chapter 5A, RMC 18.280.170, Critical Areas Protection; Chapter 5A, RMC 18.750.010; and Chapter 8, Definitions contain several of the same or similar definitions. These definitions are to be read and interpreted together to fulfill the purposes and policies of the Act and this Program, giving deference to RCW 90.58 definitions and highest priority to protection of shoreline ecological functions. See Sections 1.5 and 1.7(4). A 1. Accessory Structure – a subordinate building or use incidental to the use of the main building or use. 2. Accessory Use – any use or activity incidental and subordinate to a primary use or development. 3. Accretion – the growth of a beach by the addition of material transported by wind and/or water. Included are such shoreforms as barrier beaches, points, spits, hooks, and tombolos. 4. Act - Washington State Shoreline Management Act of 1971, as amended, RCW 90.58. 5. Adjacent - having a common end point or border. 6. Adjacent Lands – lands adjacent to the shorelines of the state (outside of shoreline jurisdiction) (RCW 90.58.340). 7. Agricultural Activities - agricultural uses and practices including, but not limited to: producing, breeding or increasing agricultural products; rotating and changing agricultural crops; agricultural crops; allowing land used for agricultural activities to lie fallow in that 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 (WAC 173-26-020(3)(a)). 8. Agricultural Equipment and Agricultural Facilities – include, but are not limited to: (i) 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; (ii) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (iii) farm residences and associated equipment, lands, and facilities; and (iv) roadside stands and on-farm markets for marketing fruit or vegetables. City of Ridgefield Shoreline Master Program 8-2 Effective December 17, 2012 9. Agricultural Land – those specific land areas on which agricultural activities are conducted as of the date of adoption of this Program, as evidenced by aerial photography or other documentation. After the effective date of this Program, land converted to agricultural use shall comply with the requirements of this Program. 10. Agricultural products – include but are 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. 11. Aggrieved Person – a person who is suffering from an infringement or denial of legal rights or claims. 12. Amendment - means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program. 13. Anadromous fish -Fish that migrate downstream in their juvenile lifestages; live their adult lives in the ocean; then migrate upstream from the ocean to breed in fresh water. 14. Appurtenance - A structure or development necessarily connected to a single- family residence. Normal appurtenances include a garage, a shop, a deck, a pool, a driveway, utilities, fences, grading which does not exceed 250 cubic yards and does not involve placement of fill in any wetland or waterward of the OHWM, and when allowed, installation of a septic tank and drainfield. 15. Aquaculture - The culture or farming of food fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery. (WAC 173-26-020(6) and 173- 26-241(3)(b)). 16. Area of Special Flood Hazard - Land in the floodplain subject to a 1% or greater chance of flooding in any given year. Designation on Flood Insurance Rate Maps (FIRM) always includes the letter A. 17. Associated Wetlands - Those wetlands that are in proximity to and either influence or are influenced by tidal waters or a lake, river or stream subject to the Shoreline Management Act. 18. Average Grade Level - the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property that will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure (WAC 173-27-030(3)). City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-3 B 19. Beach Enhancement/Restoration – process of restoring a beach to a state more closely resembling a natural beach, using beach feeding, vegetation drift sills, and other non-intrusive means as applicable. 20. Bedlands – means those submerged lands, including tidelands where appropriate, underlying navigable waters. 21. Berm – a linear mound or series of mounds of earth, sand and/or gravel generally paralleling the water at or landward of the line of ordinary high water. Also a linear mound used to screen an adjacent activity, such as a parking lot, from transmitting excess noise and glare. 22. Best Available Science – use of the most reliable and available scientific information, most often used in the context of local government compliance with the State Growth Management Act (RCW 36.70A.900) for developing policies and development regulations regarding critical areas (WAC 365-195). 23. Best Available Technology (BAT) – the most effective method, technique, or product available that is generally accepted in the field, and which is demonstrated to be reliable, effective, and preferably low maintenance. 24. Best Management Practices (BMP) - For the purposes of this Program, BMP means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Washington State Department of Ecology and/or the City of Ridgefield that, when used singly or in combination, control, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. 25. Bioengineering - means project designs or construction methods that use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank that is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for establishment of the vegetation (WAC 220-110-020(12)). 26. Boat - means any floating vessel or watercraft, including ships and barges, which is designed and used for navigation and which does not interfere with the normal public use of the water (WAC 173-27-030(18)). 27. Boathouse – An over-water structure designed for storage of boats. 28. Boating Facility – means any structure or group of structures including but not limited to ramps, marinas, docks, piers, floats, or mooring buoys providing access to or service for boats. Boating facilities may serve hotels, motels, multi-family residences, subdivisions, or public recreation uses, but not private single-family residences. 29. Boat Launch Facility - a facility or structure providing access in and out of the water for boats, such as ramps, rails, or lift stations. City of Ridgefield Shoreline Master Program 8-4 Effective December 17, 2012 30. Bog – A type of wetland where (1) organic (peat or muck) soil layers comprise at least 16 of the first 32 inches of the soil profile; or (2) there is more than 70% cover of mosses at ground level and more than 30% of the total shrub and herbaceous cover consists of species listed in Table 3 – Characteristic Bog Species in Washington State found in Hruby, 2004, Washington State Wetlands Rating System for Western Washington, Ecology publication #04-06-025, or as revised by Ecology. Many bogs have soils classified as peat or muck, are nutrient poor, have a low pH (acidic), and are fed largely by rainfall rather than streams or groundwater. 31. Breakwater - a structure aligned parallel to shore, sometimes shore-connected, that provides protection from waves. 32. Buffer Area – An area that is contiguous to and protects a critical area and which is required for the continued maintenance, functioning, and/or structural stability of a critical area. 33. Bulkhead - a solid, open-pile, or irregular wall of rock, rip-rap, concrete, steel, or timber or combination of these materials erected parallel to and near ordinary high water mark to provide a protective vertical wall resistant to water and wave action. C 34. Channel – an open conduit for water either naturally or artificially created, but does not include artificially created irrigation, return flow, or stockwatering channels (WAC 173-27-030(8b)). 35. Channel Migration Zone (CMZ) - the area along a river within that 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. 36. City - means the City of Ridgefield. 37. Clean Water Act – the primary federal law providing water pollution prevention and control, previously known as the Federal Water Pollution Control Act. See 33 USC 1251 et seq. 38. Clearing - the destruction or removal of vegetation from a site by physical, mechanical, chemical or other means. This does not include landscape maintenance or pruning consistent with accepted horticultural practices, such as those recommended by the Washington State University Extension Service, which does not impair the health or survival of the trees or native vegetation. 39. Commercial - a business use or activity at a scale greater than a home business or cottage industry involving retail or wholesale marketing of goods and services. Examples of commercial uses include restaurants, offices, and retail shops. 40. Commercial Fishing - is the activity of capturing fish and other seafood under a commercial license. 41. Conditional Use – a use, development, or substantial development that is classified as a conditional use, or is not classified within the Master Program, and requires a Shoreline Conditional Use Permit (WAC 173-27-030(4)). City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-5 42. Covered Moorage – Boat moorage, with or without walls, that has a roof to protect a boat. 43. Critical Aquifer Recharge Area - Areas with a critical recharging effect on aquifers used for potable water as designated at RMC 18.280.140. 44. Critical Areas - include fish and wildlife habitat conservation areas, frequently flooded areas, geologic hazard areas, critical aquifer recharge areas, streams, and wetlands as designated in Chapter 5A, RMC 18.280, Critical Areas Protection. 45. Critical Habitat- Specific geographical areas that possess physical or biological features that are essential to the conservation of federally listed species. These designated areas may require special management considerations or protection. D 46. Date of Filing – means the date of actual receipt by Ecology of the City’s decision. For a Shoreline Variance or Shoreline Conditional Use Permit, the date of filing is the date Ecology’s decision is transmitted to the City. For a Shoreline Variance or Shoreline Conditional Use Permit decision in conjunction with a Shoreline Substantial Development Permit decision, the date of filing is the date Ecology’s decision is transmitted to the City. 47. Development - a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; 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 this Program at any state of water level. 48. Development Regulations - the controls placed on development or land uses, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under RCW 90.58, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto (WAC 173-26-020(8)). 49. Dike - is an artificial embankment normally set back from the bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land. 50. Dock - a landing or moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. 51. Dolphin – A cluster of piles bound together. 52. Dredge Material – the material removed by dredging. 53. Dredging - is the removal or displacement of earth or sediments such as gravel, sand, mud, silt, or debris from below the OHWM of any stream, river, lake, water body, or wetland. 54. Dredging, Maintenance - dredging for the purpose of maintaining a prescribed minimum depth previously authorized by a federal, state, and/or local permit as part City of Ridgefield Shoreline Master Program 8-6 Effective December 17, 2012 of any specific waterway project. Maintenance dredging also includes dredging that maintains the previously authorized width of a channel, boat basin or berthing area. 55. Drift Sector - the extent of the littoral drift area downstream from and caused by a breakwater, jetty, rock weir or groin. E 56. Ecology – the Washington State Department of Ecology. 57. Ecosystem-wide Processes - the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions (WAC 173-26-020(14)). 58. Effective Date of Permit – For Shoreline Substantial Development, Shoreline Conditional Use and Shoreline Variance Permits, the date of filing as provided in RCW 90.58.140(6) including completion of all appeals or legal actions. 59. Emergency- is an unanticipated and imminent threat to public health, safety, or the environment that requires immediate action within a time too short to allow full compliance with this Program. 60. Emergency Construction - Emergency construction does not include development of new permanent protective structures where none previously existed. As a general matter, flooding or other seasonal events that can be anticipated and may occur, but are not imminent, are not an emergency (RCW 90.58.030(3)(e)(iii) and WAC 173-14-040(1)(d), (2), and (3)). 61. Enhancement - Alterations performed to improve the condition of an existing degraded area so that the functions provided are of a higher quality. Enhancements are to be distinguished from resource creation or restoration projects. 62. Erosion – The general process or the group of processes whereby the material of the earth’s crust are loosened, dissolved, or worn away, and simultaneously moved from one place to another, by natural forces, that include weathering, solution, corrosion, and transportation, but usually exclude mass wasting (American Geological Institute, 1998). 63. Exempt/Exemption - developments that are set forth in Section 2.3 (Exemptions from a Shoreline Substantial Development Permit) of this Program that are not required to obtain a Shoreline Substantial Development Permit, but which must otherwise comply with applicable provisions of the act and this Program (WAC 173-27-040; RCW 90.58.030(3)(e), 90,58.147, 90.58.355, and 90.58.515). F 64. Fair Market Value - the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-7 the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials (WAC 173-27-030(8)). 65. Feasible - an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: a. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; b. The action provides a reasonable likelihood of achieving its intended purpose; and c. The action does not physically preclude achieving the project's primary intended legal use. In cases where this Program requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the city may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. (WAC 173-26-020(15)) 66. Feeder Bluff - any bluff (or cliff) experiencing periodic erosion from waves, sliding, slumping, whose eroded earth, sand, or gravel material is naturally transported (littoral drift) via a driftway to an accretion shoreform. Feeder bluff exceptional segments lack a backshore, old or rotten logs, and coniferous bluff vegetation. 67. 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 (WAC 173-26- 020(16)). 68. Fill, Speculative - The placement of fill material not associated with an approved project. 69. Fish and Wildlife Habitat Conservation Areas - Fish and Wildlife Habitat Conservation Areas as designated at RMC 18.280.110. 70. Float - a fixed platform structure anchored in and floating upon a water body that does not connect to the shore, and that provides landing for water dependent recreation or moorage for vessels or watercraft. 71. Floating Home – a single-family dwelling unit constructed on a float, that is moored, anchored, or otherwise secured in waters, and is not a boat, even though it may be capable of being towed. 72. Flood Hazard Reduction - measures taken to reduce flood damage or hazards. Flood hazard reduction measures may consist of nonstructural or indirect measures, such as setbacks, land use controls, wetland restoration, dike removal, use City of Ridgefield Shoreline Master Program 8-8 Effective December 17, 2012 relocation, bioengineering measures, and storm water management programs; and of structural measures, such as dikes, levees, and floodwalls intended to contain flow within the channel, channel realignment, and elevation of structures consistent with the National Flood Insurance Program. 73. Floodplain - land subject to a 1% or greater chance of flooding in any given year. Synonymous with the one hundred-year floodplain, Frequently Flooded Areas, and Area of Special Flood Hazard. Designation on Flood Insurance Rate Maps (FIRM) always includes the letter A. 74. Floodway - means the area, as identified in this Program, that has been established in Federal Emergency Management Agency Flood Insurance Rate Maps or floodway maps. 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 (RCW 90.58.030(2)(b)). 75. Forb - an herbaceous, non-woody plant other than grass. 76. Forest Practices – any activity conducted on or directly related to forest land and relating to growing, harvesting, or processing timber. These activities include but are not limited to: road and trail construction, final and intermediate harvesting, pre- commercial thinning, reforestation, fertilization, prevention and suppression of disease and insects, salvage of trees, and brush control (WAC 222-16-010(21)). 77. Frequently Flooded Areas - the areas of special flood hazard defined at RMC 18.750.010 and Chapter 8(16) of this Program. 78. Frontage or Water Frontage – the portion of a parcel adjacent to the OHWM between property lines. G 79. Gabions – structures composed of masses of rocks, rubble, or masonry held tightly together usually by wire mesh so as to form blocks or walls. 80. Geologic Hazard Areas - include areas of landslide, liquefaction and dynamic settlement, ground shaking amplification, fault rupture, soil erosion, and bank erosion hazard areas as designated at RMC 18.280.130. 81. Grading - means 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 (WAC 173-26-020(20)). 82. Grassy Swale – a vegetated drainage channel that is designed to remove various pollutants from stormwater runoff through biofiltration. 83. Groin - a barrier-type structure extending from the backshore or stream bank into a water body for the purpose of the protection of a shoreline and adjacent upland by influencing the movement of water and/or deposition of material. 84. Groundwater - means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-9 H 85. Harbor Area - the area of navigable waters between the inner and outer harbor lines identified by the Board of Natural Resources acting as the State Harbor Lines Commission and as established by Section 1 of Article XV of the Washington State Constitution. 86. Harbor Line, Inner - the line established by the State of Washington in navigable tidal waters between the line of ordinary high tide and the outer harbor line and constituting the inner boundary of the harbor area. This line determines the seaward extent of private ownership in tidal or shoreland areas (often corresponds to the “bulkhead line”). 87. Harbor Line, Outer - the line located and established by the Washington State Department of Natural Resources in navigable waters that delineates the extent of water area that may be leased to private interests. 88. Hazard Tree - any tree with a combination of structural defect and/or disease and a proximity to persons or property which makes it subject to a high probability of failure, as recommended by a qualified arborist. 89. Height - the distance measured from the average grade level to the highest point of a structure: Provided that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where it obstructs the view of a substantial number of residences on areas adjoining such shorelines (or the master program provides otherwise): Provided further that temporary construction equipment is excluded in this calculation (WAC 173-27-030(9)). 90. Hook – a spit or narrow cape of sand or gravel that turns landward at its outer end. I 91. Institutional Use – A use and related structure(s) for the provision of educational, medical, cultural, social, public safety, and/or recreational services to the community, including but not limited to schools, colleges, museums, community centers, and the relevant essential public facilities identified in WAC 365-196-550. 92. In-stream Structure - 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. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose. Outfalls are not in-stream structures. 93. Interested Party – means all persons who have notified local government of their desire to receive a copy of the final order on a permit under WAC 173-27-030 (WAC 173-27-030(12)). 94. Invasive – means a nonnative plant or animal species that: a. causes or may cause significant displacement in range, a reduction in abundance of native species; b. Threatens or may threaten natural resources or their use in the state; City of Ridgefield Shoreline Master Program 8-10 Effective December 17, 2012 c. Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or d. Threatens or harms human health (RCW 77.08.010(28)). J 95. Jetty- a structure usually projecting out into the water for the purpose of protecting a navigation channel, a harbor, or to influence water currents. L 96. Lakes – all the surface water areas of the state, including reservoirs; except: (a) Lakes less than twenty acres in size; (b) Streams or rivers (as described in WAC 173-18-030); and (c) Shorelines of statewide significance (WAC 173-20-030(1)). 97. Lakes of Statewide Significance - 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 mark (WAC 173-20-030(2)). 98. Large Woody Debris - Shrubs, trees, or their branches that have fallen and are on the ground or in, across, or dangling above streams, rivers, lakes, or ponds. 99. Levee – a large dike or embankment, often having an access road along the top, that is designed as part of a system to project land from floods. 100. Limited Utility Extension – the extension of a utility service that is categorically exempt under RCW 43.21C for natural gas, electricity, telephone, water or sewer to service an existing use and will not extend more than twenty-five hundred (2500) linear feet within the shorelines of the state. 101. Littoral – The area of the shore from the OHWM waterward to a depth of two meters below ordinary low water or to the maximum extent of non-persistent emergent plants. 102. Littoral Drift –The mud, sand, or gravel material moved parallel to the shoreline in the nearshore zone by waves and current. 103. Live-aboard– a boat principally used as an over-water residence. Principal use as an over-water residence means that it is occupied in a single location for a period exceeding two months in any one calendar year. Live-aboards are licensed and designed for use as a mobile structure with detachable utilities or facilities, anchoring, and the presence of adequate self-propulsion and steering equipment to operate as a boat. 104. Local Government – any county, incorporated city, or town that contains within its boundaries shorelines of the state subject to chapter 90.58 RCW. 105. Log Booming – includes the placement or removal of logs and log bundles into and from the water, and the assembly and disassembly of rafts for waterborne transportation. City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-11 M 106. Marina - a water-dependent commercial use that consists of a system of piers, buoys, or floats which provides moorage for at least ten (10) boats. For the purposes of this Program, large community moorage facilities, yacht club facilities, and camp or resort moorage areas are also considered marinas. Boat launch facilities and supplies and services for small commercial or pleasure craft are often associated with marinas. Uses accessory to marinas may include fuel docks and storage, boating equipment sales and rental, repair services, public launching, bait and tackle shops, potable water, waste disposal, administration, parking, groceries, and dry goods. “Foreshore marinas” are marinas located waterward of the ordinary high water mark. “Backshore marinas” are marinas located landward of the ordinary high water mark. There are two common types of backshore marinas: (1) a wet-moorage marina that is dredged out of the land artificially creating a basin; and (2) a dry- moorage marina that has upland storage with a hoist, marine travel lift, or ramp for water access. 107. Marine Railway – a set of steel rails running from the upland area into the water upon which a cart or dolly can carry a boat to be launched. 108. Marine Travel Lift – a mechanical device that can hoist vessels off trailers and transport them into the water. Often associated with dry land moorage. 109. May - means the action is acceptable, provided it conforms to the provisions of this Program. 110. Merchantable Trees - live trees, 6 inches in diameter at breast height (DBH) and larger, unless documentation of current, local market conditions are submitted and accepted by the local jurisdiction indicating non-marketability. "Merchantable trees" shall not include trees smaller than 4 inches DBH. 111. Mining - the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses (WAC 173-26-241). 112. Mitigation – to avoid, then minimize and compensate for unavoidable adverse impacts to shoreline ecological functions and processes. 113. Mitigation, Compensatory – an action to reduce the severity of effects from an action that may cause potential impacts to functions and values of critical areas and their buffers. 114. Mixed-use Project - developments that include a combination of components, such as residential uses, hotels, marinas, habitat improvement actions, public access provisions, and other uses. 115. Moorage - a pier, dock, buoy or float, either fixed or floating, to which boats may be secured. 116. Mooring Buoy - a floating object anchored to the bottom of a water body that provides tie-up capabilities for boats or watercraft. City of Ridgefield Shoreline Master Program 8-12 Effective December 17, 2012 117. Multi-Family Residence - a building containing two or more dwelling units including but not limited to duplexes, apartments, and condominiums. 118. Must - means a mandate; the action is required. N 119. Natural/Existing Topography – the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading including excavation and filling. 120. Navigational Channels - are those routes on the waters of state beyond the outer harbor line, commonly used by ships for useful commerce. 121. Navigable Waters - a body of water is capable or susceptible of having been or being used for the transport of useful commerce. The state of Washington considers all bodies of water meandered by government surveyors as navigable unless otherwise declared by a court (WAC 332-30-106). 122. Non-conforming Structure – a structure that was lawfully constructed or established prior to the effective date of the applicable Act or Program provision, and which no longer conforms to the applicable shoreline provisions (WAC 173-27- 080(1)). 123. Non-conforming Use - use or activity that was lawfully established prior to the effective date of the applicable Act or Program provision, and which no longer conforms to the applicable shoreline provisions. (WAC 173-27-080(1)) 124. Non-Water-Oriented Use or Activity - a use or activity that is not water- dependent, water-related, or water-enjoyment. 125. Normal Maintenance - includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition (WAC 173-27-040(2)(b)). See also “normal repair”. 126. Normal Repair - to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment (WAC 173-27-040(2)(b)). See also “normal maintenance”. 127. Noxious Weeds - Non-native plants that are destructive, competitive, and difficult to control as defined by the Washington State Noxious Weed Control Board. City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-13 O 128. Ordinary High Water Mark (OHWM) - that mark found by examining the bed and banks of a body of water 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 Ecology: Provided that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the OHWM adjoining fresh water shall be the line of mean high water (RCW 90.58.030(2)(b) and WAC 173-22-030(6)). 129. Over-water Structure - a structure or other construction located waterward of the Ordinary High Water Mark (OHWM) or a structure or other construction erected on piling above the surface of the water, or upon a float. P 130. Parking - the temporary storage of automobiles or other motorized vehicles. 131. Parking, Accessory - is that which directly serves an approved shoreline use. 132. Parking, Primary - parking that is the principal use on the property, not accessory to another use. 133. Party of Record - includes all persons, agencies or organizations who have submitted written comments in response to a public notice; presented testimony in a formal public hearing; or notified the city of their desire to receive a copy of the final decision; and who have provided a complete, accurate, and current address for delivery of such decision by mail. 134. Permit - any Shoreline Substantial Development, Shoreline Variance, Shoreline Conditional Use Permit, or revision authorized under this Program (WAC 173-27- 030(13)). 135. Permitted Use – a use that is allowed under the rules and regulations of this Program. 136. Pier - a fixed platform structure supported by piles in a water body that abuts the shore to provide landing for water-dependent recreation or moorage for boats or watercraft or to provide access to a floating dock. 137. Point – a low profile shoreline promontory of more or less triangular shape, the top of which extends seaward. A point may be the wavecut shelf remnant of a headland bluff or a purely accretional deposit that began as a hooked spit and becomes a point by subsequently closing the lagoon gap between the headland and the tip of the hook. Points are characterized by converging berms that normally enclose a lagoon, marsh, or meadow, depending on the point’s stage of development. 138. Port – a municipal corporation that is a special purpose district of local government authorized by the Washington State Constitution and regulated by RCW Chapter 53. City of Ridgefield Shoreline Master Program 8-14 Effective December 17, 2012 139. Potentially Harmful Materials - means any product, substance, commodity or waste in liquid, solid or gaseous form that exhibits a characteristic that presents a risk to water resources. Risk may be due to ignitability, toxicity, reactivity, instability, corrosivity or persistence. This definition extends to all “dangerous wastes” and “hazardous substances” that are defined in WAC 173-303 (State Dangerous Waste Regulations). It also includes the chemicals and/or substances that are defined in the federal Emergency Planning and Community Right to Know Act (EPCRA) and/or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Further, it includes other materials which if discharged or improperly disposed may present a risk to water resources including but not limited to the following: Petroleum products including but not limited to petroleum fuel and petroleum-based coating and preserving materials; oils containing PCBs; antifreeze and other liquid automotive products; metals, either in particulate or dissolved form, in concentrations above established regulatory standards; flammable or explosive materials; radioactive material; used batteries; corrosives, acids, alkalis or bases; paints, stains, resins, lacquers or varnishes; degreasers; solvents; construction materials; drain cleaners and other toxic liquid household products; pesticides, herbicides, fungicides or fertilizers unless applied in accordance with local, state and federal standards; steam cleaning and carpet cleaning wastes; pressure cleaning wastes; car wash water; laundry wastewater; soaps, detergents, ammonia; swimming pool backwash; chlorine, bromine, and other disinfectants; heated water; domestic animal wastes; sewage; recreational vehicle waste; animal carcasses, excluding salmonids; food wastes; pharmaceuticals and personal care products; collected lawn clippings, leaves or branches; trash or debris; silt, sediment or gravel; dyes; and untreated or unapproved wastewater from industrial processes. 140. Program - the Shoreline Master Program developed pursuant to the Shoreline Management Act (RCW 90.58), adopted by the city and approved by Ecology. 141. Project Area – the area which will be directly physically affected by a proposed development. 142. Provisions - policies, regulations, standards, guideline criteria or environment designations. 143. Public Access - is the physical ability of the general public to reach, touch and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations (WAC 173-26-221). 144. Public Interest - the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development (WAC 173-27-030(14)). City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-15 Q 145. 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 critical area subject in accordance with WAC 365-195- 905(4). R 146. Recreational Use – a use and related structures for the provision of recreational activities, as follows: a. Active recreational uses/facilities or uses – involve indoor or outdoor activities with a large number of participants or viewers; require a moderate to high level of infrastructure and maintenance; generate high noise levels. Sports fields, golf courses, skate parks, and motorized boating are examples of active recreational uses or facilities. b. Passive recreational uses/facilities - involve a small number of participants or viewers; require a low to moderate level of infrastructure development and maintenance; generate little noise; and are compatible with open space and natural resource protection. Wildlife viewing, non-vehicular trails, fishing, canoeing and picnicking are examples of passive recreational uses and facilities. 147. Recreational Vehicle – A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self- propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. 148. Residential Development - is the development of single-family and multi-family residences and their normal appurtenances, and the creation of new residential lots through land division, all landward of the OHWM. 149. Restoration– means to reestablish or upgrade impaired ecological processes or functions. This may be accomplished through measures including, but not limited to, re-vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions (WAC 173-26- 020(31)). 150. Revetment - a sloped wall constructed of riprap or other material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement. A revetment typically slopes waterward and has rough or jagged facing. The slope differentiates it from a bulkhead that is a vertical structure. 151. Right-of-Way (ROW) - The property held by the city or other governmental jurisdiction for existing and/or future public access including land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees or other special use. The usage of the term right-of-way for City of Ridgefield Shoreline Master Program 8-16 Effective December 17, 2012 land division purposes shall mean that every right-of-way hereafter established and shown on a plat or map is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. 152. Rip-Rap - is a foundation or retaining wall of stones or rock placed along the water's edge or on an embankment to prevent erosion. 153. Rock Weir – See “Groin.” S 154. Setback – the distance an activity, building, structure, or right-of-way must be located from the Ordinary High Water Mark. 155. Shall - a mandate; the action must be done. 156. Shorelands - those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters that are subject to the provisions of this program, as may be amended; the same to be designated as to location by Ecology, as defined by RCW 90.58. (See Section 2.1.) 157. Shoreline Administrator - is the city’s official responsible for administering this Program. 158. Shoreline Designations - the categories of shorelines established by this Program in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas. 159. Shoreline Ecological Functions - the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments which constitute the shoreline's natural ecosystem (WAC 173-26-200 (2)(c)). 160. Shoreline Jurisdiction - all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. 161. Shoreline Master Program or Program - means the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020. See Section 1.8 for complete details. 162. Shoreline Modifications - those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, dredging or application of chemicals. 163. Shoreline Restoration Project – a project designed to restore impaired ecological function of a shoreline. City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-17 164. Shoreline Stabilization – includes actions taken to address erosion impacts to property and structures caused by processes such as current, flood, wind, or waves. These actions include structural and non-structural methods. Structural measures include but are not limited to bulkheads, revetments, and riprap. Non-structural measures include building setbacks, relocation of structures, and bioengineered methods that use vegetation or wood. 165. Shoreline Substantial Development Permit - is the permit required by this Program for uses which meet the definition of substantial developments. 166. Shorelines - means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them, except: (a) shorelines of statewide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less, and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. See RCW 90.58.030(2)(d) and WAC 173-18, 173-26 and 173-22. 167. Shorelines Hearing Board (SHB) – a quasi-judicial body established by the Shoreline Management Act of 1971 to hear appeals by any aggrieved party on the issuance of Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, Shoreline Variance Permits or enforcement penalties. 168. Shorelines of Statewide Significance –a select category of shorelines of the state, defined in RCW 90.58.030(2)(f), where special policies and regulations apply, and described below: a. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of 1,000 acres or more, measured at the ordinary high water mark; b. Those natural rivers or segments thereof, downstream of a point where the mean annual flow is measured at 1,000 cubic feet per second, or more, and c. Their associated shorelands. 169. Shorelines of the State – are the total of all “shorelines” and “shorelines of statewide significance” within the state. 170. Should - the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and WAC 173-26, against taking the action. 171. Sign - A sign is any structure, device, advertisement, advertising device, or visual representation intended to advertise, identify, or communicate information to attract the attention of the public for any reason. Informational signs are non-commercial and intended to communicate safety, directional, navigation, educational, or interpretive information. 172. Significant Vegetation Removal – the removal or alteration of trees, shrubs, and /or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute City of Ridgefield Shoreline Master Program 8-18 Effective December 17, 2012 significant vegetation removal. Tree pruning, where it does not affect ecological functions does not constitute significant vegetation removal (WAC 173-26-020(33)). 173. Single-Family Residence - a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. 174. Solid Waste Facility - refers to any land or structure where solid waste is stored, collected, transported, or processed in any form, whether loose, baled or containerized, including but not limited to the following: transfer stations, landfills, or solid waste loading facilities. Solid waste handling and disposal facilities do not include the following: handling or disposal of solid waste as an incidental part of an otherwise permitted use; and solid waste recycling and reclamation activities not conducted on the same site as and accessory to the handling and disposal of garbage and refuse. 175. Stormwater - runoff during and following precipitation and snowmelt events, including surface runoff and drainage. 176. Stream - Water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 or WAC 222-16-031. Streams also include natural watercourses modified by humans. Streams do not include drainage ditches which are not modifications of natural watercourses. 177. Structure- a permanent or temporary edifice or building or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels (WAC 173-27-030(15)). 178. Subdivision – the division or re-division of land, including short subdivision, for the purpose of sale, lease, or conveyance. 179. Substantial Development - "Substantial development" shall mean any development of that the total cost or fair market value exceeds five thousand seven hundred and eighteen dollars ($5,718), or as adjusted by the State Office of Financial Management, or any development that materially interferes with the normal public use of the water or shorelines of the state, except as specifically exempted pursuant to RCW 90.58.030(3)(e). 180. Substantially Degrade - to cause significant ecological impact (WAC 173-26- 020(35)). 181. Surface Water - water that flows across the land surface, in channels, or is contained in depressions in the land surface, including but not limited to ponds, lakes, rivers, and streams. T 182. Terrestrial – of or relating to land as distinct from air and water. 183. Transfer Facility – See “Solid Waste Facility.” 184. Transmit - to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-19 mailing or, for hand-delivered items, is the date of receipt at the destination (WAC 173-27-030(16)). 185. Transportation Facility - a road, railway, bridge and related structures such as culverts, fills, embankments, causeways, and the relevant essential public facilities identified in WAC 365-196-550 for the purpose of moving people or freight using motorized or non-motorized means of transport. U 186. Upland – generally described as the dry land area above and landward of the OHWM. 187. Utilities - services and facilities that produce, convey, store, or process power, water, wastewater, stormwater, gas, communications, oil, and the like, including the relevant essential public facilities identified in WAC 365-196-550. 188. Utilities, Accessory - are on-site utility features serving a primary use, such as a water, sewer, or gas line to a residence, and shall be considered a part of the primary use. V 189. Variance - is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline. See RCW 90.58.160. (WAC 173-27-030(17)). 190. Vegetation Conservation - includes activities to protect and restore vegetation along or near marine and freshwater 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 (WAC 173-26-221). 191. Vessel - See “Boat.” 192. View Corridor - portion of a viewshed, often between structures or along thoroughfares. View corridors may or may not be specifically identified and reserved through development regulations for the purpose of retaining the ability of the public to see a particular object (such as a mountain or body of water) or a landscape within a context that fosters appreciation of its aesthetic value. W 193. Water-dependent Use or Activity - a use or a portion of a use which requires direct contact with the water and cannot exist at a non-water location due to the intrinsic nature of its operations. 194. Water-enjoyment Use or Activity - a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and that through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the City of Ridgefield Shoreline Master Program 8-20 Effective December 17, 2012 use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. 195. Water-oriented Use or Activity - a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. 196. Water Quality - the characteristics of water within shoreline jurisdiction, including water quantity, hydrological, chemical, aesthetic, recreation-related, and biological characteristics. 197. Water Quantity - For the purposes of this program, refers only to development and uses affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this Program, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340 (WAC 173-26-020(42)). 198. Water-related Use or Activity – a use or portion of use that is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: a. of 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, b. the use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers make its services less expensive and/or more convenient. 199. Water Resources – Means surface water, stormwater, and groundwater. 200. Watershed Restoration Plan - a plan, developed or sponsored by WDFW, Ecology, DNR, the Washington Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, a special purpose agency such as the Lower Columbia Fish Recovery Board, 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. 201. Watershed Restoration Project - a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of a the plan and consists of one or more of the following activities (RCW 89.08.460): a. A project that involves less than ten miles of stream reach, in which less than twenty-five (25) 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 plantings; b. 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 City of Ridgefield Shoreline Master Program Effective December 17, 2012 8-21 c. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. 202. Weir - a structure in a stream or river for measuring or regulating stream flow. 203. Wetlands - areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and which under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those 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 conversion of wetlands. Wetlands are designated at RMC 18.280.150. This Page Intentionally Left Blank City of Ridgefield Shoreline Master Program Effective December 17, 2012 Appendix A APPENDIX A CITY OF RIDGEFIELD UNOFFICIAL SHORELINE DESIGNATION MAP This Page Intentionally Left Blank §¨¦5 §¨¦5 §¨¦5 TS502 TS501TS501 Ridgefield NationalWildlife Refuge I -5 SB I -5 NB PIONEER ST I - 5 NW CARTY RD NE 219TH ST NW 289TH ST S 5TH ST NE 10TH AVES HILL H U R S T R D N 65TH AVES 45TH AVENW 31ST AVEN MAIN AVES ROYLE RDNW 291ST ST N 45TH AVENW 11TH AVENE CARTY RD N E T I M M E N R D ONRAMP TO I -5 NBS 65TH AVES 9TH AVENE 10TH AVENW 31ST AVE I-5GeeCreek C o l u m b i a R i v e r Lake River Ridgefield Shoreline Designations Aquatic Natural Urban Conservancy Medium Intensity High Intensity Rural Conservancy Residential Rural Conservancy Resource Land Associated Wetlands** City Limits Urban Growth Areas County Boundary ¯Unofficial Shoreline Designation MapCity of Ridgefield, Washington Data Sources: Clark County, 2008, 2011; ESRI, 2008. NOTE: Map data shown here are the property of the sources listed below. Inaccuracies may exist, and ESA Adolfson implies no warranties or guarantees regarding any aspect of data depiction. Coordinate System: State Plane NAD1983 (ft) Washington South FIPS 4602 SMA Grant Agreement No. G1000058 0 0.50.25 Miles Legend * Private development in RNWR isregulated under the Rural ConservancyResidential provisions of this SMP. ** Definitive presence will be determinedon a project basis. The City is pre-designating shorelines within its adopted Urban Growth Area (UGA). Until annexation, development inthese areas will continue to be regulated by the Clark County Shoreline Master Program (SMP). This Page Intentionally Left Blank