Shoreline Management Program

The Amended Shoreline Management Program

County Council adopted a new SMP in Feb. of 2007.  This was modified by Department of Ecology and became effective following approval by the State Aug. 8, 2008.  Click image at right to download.

News

February 2009 - County Council held public hearing on a resolution to pass SMP Amendments to the Department of Ecology for State review.  No vote was taken awaiting closure of SEPA comment period.

January 2009 - New amendments will be discussed at Council Natural Resource Committee in January.  Click here for the agenda. 

In general these amendments provide relief from some of the administrative and financial burdens for single family home owner projects of little to no shoreline impact, while still affording significant overall protections through 100 -150 foot buffers and a building area of 2500 square feet on non-conforming lots.  Clarifying language was added to better distinguish non-conforming uses, structures, and lots.  The amendments hold tight to the “side boards” discussed by the Committee following public comment in September 2008. 

View the updated draft amendments or a Summary.

Dec. 2008 -  County Council will discuss potential changes to the SMP on December 9th at the Natural Resource Committee meeting.  After that review, the Council will determine whether or not to introduce an ordinance for public hearing.  That public hearing would not occur until January 2009.  Click here for a matrix of potential amendments to the SMP (Aug. 2008).

Oct. 2008 - The 2008 Shoreline Management Program ordinance is on the agenda for the Oct. 21 County council meeting, including a resolution to reconvene the SMP Citizens Advisory Committee in order to amend specific provisions of the SMP.

The resolution to revisit certain SMP provisions may be limited to certain Ecology changes and recent public comment, regarding:

• 2500 sqft of buildable area on non-conforming lots
• Clarifing language about homes destroyed by fire or otherwise
• Cherry Point industrial uses
• Public Access for public entities
• Definitions of Bedlands, Navigable Waters, and Development

See the proposed resolution for full list.

Questions raised at the Sept. 2008 Council Meeting

What Changes did the Department of Ecology require? 

These are the most significant changes:

• New allowance for non-conforming structures with conforming uses within commercial or mixed-use developments to be expanded or enlarged within the existing building footprint as a conditional use.  (23.50.07(E))
• Expansion of a non-conforming residential structure cannot extend waterward of the existing foundation walls without a variance.  (23.50.07(I)(2))
• New non-conforming structures are limited to "not more than" 2500 sqft without a variance, rather than "at least" 2500 sqft.
• Shoreline development by public entities shall include public access measures as part of each development project.  (23.90.08(B))
• Specified thresholds for floats without a variance, to not exceed 8’ in width and 40’ in length within marine areas and not to exceed 6’ in width and 20’ in length in freshwater.
• Change in permitting requirements for different uses:
• Essential public facilities are prohibited in the Natural Designation and are not allowed in a buffer without a variance.
• Non-water oriented commercial uses require a conditional use permit.
• Bulkheads require a conditional use permit.
• Residential development in a Natural Designation requires a conditional use permit.
• In the Cherry Point Management Area the preference for long term economics benefits are no longer able to be weighted over the potential adverse impacts.  (23.100.17.A.2)

(click here for the full list of Ecology Required and Recommended changes)

Most changes were adopted by the County Council in February 2007 following public hearings, public workshops, Citizen and Technical Committee review, and a formal public comment period.

Will changes to the Shoreline Management Program deny you “the right to build, rebuild, or develop your land?”   NO

• There are setback requirements of 100 feet on Lakes 20 acres or greater and 150 feet on shoreline streams and marine shorelines.  These were adopted by the County Council in February 2007, and have been applied to shoreline development through the Critical Areas ordinance since 2005.

• On lots less than 20,000 sq. ft, (e.g. 200’x 100’) that cannot meet the setbacks specified above, residential development is still  allowed. Provisions include:
• Allowance for a building area of 2500 sq feet without a conditional use permit or variance.
• Enlargement or expansion of single family residences landward with a conditional use permit

• The Department of Ecology did make a change that allows for non-conforming structures with conforming uses within commercial or mixed-use developments to be expanded or enlarged within the existing building footprint as a conditional use.  This was prohibited in the 1998 Shoreline Management Program.

• New provisions in the code approved in February 2007 do look to increase conformity of damaged structures, but in most cases will allow the house to be rebuilt within the existing footprint.  23.50.07(F) says:

              Non-conforming structures that are destroyed by fire, explosion, flood, or other casualty may be restored or replaced in kind if there is no feasible alternative that allows for compliance with the provisions of this Program; provided that, the following are met:

 

1.           The reconstruction process is commenced within eighteen (18) months of the date of such damage; and

2.           The reconstruction does not expand, enlarge, or otherwise increase the non-conformity, except as provided for in subsection (E) above or (H) and (I) below.

State Update Requirements and Other Changes

The Whatcom County Shoreline Management Program (SMP) update is intended to satisfy State requirements to review and update the County’s existing SMP (1998) for conformance with the new 2003 Department of Ecology Shoreline Management Program Guidelines (Chapter 173-26 WAC)while acknowledging local conditions and community needs.

Whatcom County Comprehensive Plan and Zoning
The SMP update reflects the adopted goals, policies and action items of the 2005 Whatcom County Comprehensive Plan as they relate to land use and natural resource management, regulatory review, inter-agency coordination, public involvement, etc. The update also includes changes that provide greater consistency between the SMP, comprehensive land use designations, as well as zoning map designations and regulations (e.g. identification and management of Resource lands).

Critical Areas Ordinance and Flood Management
Improved coordination and integration between the SMP, the Critical Areas Ordinance (WCC Chapter 16.16), Flood Damage Prevention Ordinance (WCC Title 17), and other natural resource regulations. The purpose of the integration effort is to provide consistency and eliminate unnecessary redundancy, gaps, and/or conflicts between natural resource policies and regulations.

No net loss of Shoreline Ecological Functions
The concept of no net loss of shoreline ecological functions and processes – a key objective of the Shoreline Management Program Guidelines – has been broadly addressed through SMP goals, policies and regulations that integrate implementation of development standards, mitigation sequencing, vegetation conservation within CAO buffers, evaluation of cumulative effects, etc.

Shoreline Restoration
Changes to the existing SMP include a new section related to restoration of ecological functions – another key objective of the Shoreline Master Program Guidelines. The new Restoration section encourages coordinated and cooperative restoration of impaired shoreline ecological functions and processes through comprehensive planning, non-regulatory actions and voluntary implementation.

Administration - Predictability and Consistency
The proposed amendments also include provisions that clarify requirements and roles and responsibilities for permit applicants, county staff and consultants. All applicants are subject to the same standards.

Improvements and changes to the administration of the Shoreline Management Program include:
- Streamlined permit review process
- More detailed regulatory standards to improve consistency and predictability
- Clear emphasis on impact avoidance, the first step in protecting shorelines and critical areas
- Built-in administrative flexibility
- Provides clearer review and notice procedures, timelines, etc. related to cultural resource management
- Pre-application review process – allows early communication and preliminary project review
- More detail for technical analyses to ensure sound decision making and predictability
- Integrates special provisions for agriculture (CPAL) through the Critical Areas Ordinance

Non-conforming Uses
Non-conforming uses include lawfully established development, uses and structures that pre-date the initial adoption of the Shoreline Program and/or any subsequent amendments and no longer conform to shoreline regulations. The SMP includes clearer provisions for non-conforming uses and development, allowing for continued equitable use. Additionally, new provisions have been added to allow for the development of non-conforming lots that were lawfully created prior to the adoption of the SMP.

Shoreline Area Designations
Changes to the County’s existing SMP map (1998) are recommended to better reflect actual shoreline conditions, and provide greater consistency between the shoreline area designations, the Whatcom County zoning map, and the recommended shoreline area designation system under the Department of Ecology Guidelines (WAC 173-26-211(4)(b)). Existing designations are retained where they are consistent with the purposes and policies in the Shoreline Guidelines (WAC 173-26-211).

WhatcomCountyShoreline Jurisdiction
There are a few recommended changes to the Shoreline jurisdiction based on information that has become available since the adoption of the current SMP. The proposed changes to shoreline jurisdiction are intended to provide for a more scientific, comprehensive and predictable way to determine shoreline jurisdiction.

Shoreline jurisdiction along the Nooksack and Sumas Rivers would be tied to the physical (geomorphic) floodway rather than the modeled FEMA floodway (existing SMP).

Additionally, an analysis of Whatcom County lakes using high-resolution aerial photography revealed Jorgensen Lake (26 surface acres) as a shoreline of the state as it exceeds the state-defined 20-acre threshold for shoreline jurisdiction. Also, based on a 1996 analysis of stream flow completed by USGS several minor adjustments are proposed to shoreline jurisdiction along streams in Whatcom County (see proposed shoreline map). A few of the most significant changes to the shoreline jurisdiction along Whatcom County streams are as follows:

Added:
- Smith Creek(Lake Whatcom) – Included in original WAC 173-18-410
- PorterCreek(Middle Fork Nooksack) – Jurisdictional limit moved approximately 700 feet upstream based on a USGS estimate of flow
- Cultus Creek(Chilliwack Basin) – Small segment added, based on a USGS estimate of flow

Removed:
- Squalicum Creek– Shoreline jurisdiction is now entirely within the City of Bellingham
- Fishtrap Creek– Jurisdiction limit moved approximately 1,200 feet downstream of current site
- HowardCreek(South Fork Nooksack) – No jurisdictional shoreline in Whatcom County.

Other Agencies that have jurisdictional control over shorelines may include: the Lummi Indian Nation; the Nooksack Tribe; the United States Army Corps of Engineers, Environmental Protection Agency, and Fish and Wildlife Service; the Washington State Department of Ecology, Department of Fish and Wildlife and Department of Natural Resources.