SMP Public Workshops July 12 13 2006

Whatcom County Shoreline Master Program Update: 

Whatcom County Shoreline Master Program Update Public Workshops July 2006

Shoreline Background: 

Shoreline Background 1971 – State Shoreline Management Act 1976 – Whatcom County adopts its first Shoreline Management Program (SMP) 1998 – Most recent update of Whatcom County SMP (currently in effect) 2003 – State Adopts New Shoreline Guidelines 2004 – Whatcom County initiates a comprehensive SMP update as required by the State

SMP Purpose: 

SMP Purpose RCW 90.58 Shoreline Management Act of 1971 “… to prevent inherent harm due to uncoordinated or piecemeal development ...” “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...” “...uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shoreline.”

Vision Statement: 

Vision Statement Ensure predictability, accountability, and efficiency during development review and decision making; Integrate and support County development plans, policies, and regulations; and Maintain quality of life and economic opportunity for citizens of Whatcom County. Comply with legislative mandates including requirements for no net loss of shoreline ecological functions and values. Have a strong basis in local science;

Shoreline Guidelines - Highlights: 

Shoreline Guidelines - Highlights No net loss of shoreline ecological functions and processes Restoration of degraded and/or impaired shorelines (incentive/voluntary) Cumulative impacts must be addressed Legislative ruling – shoreline regulations must be at least as protective as Critical Areas Ordinances

Process to date: 

Process to date Advisory committees Public workshops Stakeholder meetings 60 day public comment period – (June 30th - August 30th) Website (www.co.whatcom.wa.us/shorelines) Mailing list Public hearings – (following public comment period)

What is an SMP?: 

What is an SMP? A planning document that defines goals and policies for shoreline use and development that serves as a Comprehensive Plan for the management of shoreline areas. A set of regulations that governs shoreline use and development consistent with state law A framework for developing, protecting, and restoring the County’s shorelines over time

Where does the SMP Apply?: 

Where does the SMP Apply? Marine shorelines Stream segments with mean annual flow of 20 c.f.s. or more Lakes greater than 20 acres Shorelines of Statewide Significance Lands extending 200-feet landward from the ordinary high water mark (OHWM) Floodways and contiguous floodplains 200-feet from such floodways All associated wetlands and river deltas Excludes reservations and tribal trust lands

The SMP Regulates…: 

The SMP Regulates… All aspects of shoreline development and use including but not limited to: Bulk and dimensional characteristics Site planning Vegetation conservation Shoreline stabilization Docks and moorage Public access Views and Aesthetics

Key Components of the SMP: 

Key Components of the SMP Overall goals and objectives Shoreline Area Designations Policies for Shorelines of Statewide Significance General policies and regulations (apply to all uses and shoreline areas) Use-specific policies and regulations

Goals and Objectives: 

Goals and Objectives Consistent with the Comprehensive Plan: Economic Development Public Access Recreation Transportation and Essential Public Facilities Shoreline Use Conservation Cultural Resources Views and Aesthetics Restoration

Area Designations: 

Area Designations Applied to shore segments based on ecological condition, existing land use, and future land use Provides a system for determining allowed uses Recognizes specific characteristics of different geographic areas Identified on Official Shoreline Map Aquatic Natural Conservancy Rural Resource Shoreline Residential Urban Conservancy Urban Resort Urban Cherry Point

General Policies and Regulations: 

General Policies and Regulations Generally similar to the existing SMP Establish use preferences: Water-dependent water-related water-enjoyment Ensure ecological protection (No Net Loss) Provide for public access Conserve shoreline vegetation Maintain shoreline views Protect cultural/historic/archeological resources

Use Policies and Regulations: 

Use Policies and Regulations Generally similar to existing SMP Residential Use – Preferred use, requires clustering and other impact minimization measures Commercial, Port and Industrial Uses – Non water-oriented uses can now be allowed as part of mixed use developments and must include public access and/or restoration Moorage – Preference for shared moorage; use of treated wood and other harmful materials prohibited Shore Stabilization – Generally prohibited unless demonstrated need

Shoreline Permits: 

Shoreline Permits Development is regulated through the shoreline permitting process and sometimes through enforcement Shoreline permits include: Shoreline Substantial Development Shoreline Conditional Use Shoreline Variance Statement of Shoreline Exemption

No Net Loss: 

No Net Loss Consistent with adopted CAO - achieved mainly through mitigation sequencing: Avoid impacts Minimize impacts Rectify past impacts Reduce impacts over time Compensate for impacts by providing replacement resources

Mitigation v. Restoration: 

Mitigation v. Restoration

What has Changed?: 

What has Changed? Critical Areas and Flood Management Improved integration with the Critical Areas Ordinance, Flood Damage Prevention Ordinance and other natural resource programs and regulations Provides consistency Eliminates unnecessary redundancy, gaps, and/or conflicts between natural resource policies and regulations. Streamlines decision making Regulations

What has Changed? (Cont.): 

What has Changed? (Cont.) Nonconforming Use and Development Includes clear provisions for non-conforming uses and development; allows for continued equitable use Allows for the development of non-conforming lots that were lawfully created prior to the adoption of the SMP Regulations

What has Changed? (Cont.): 

What has Changed? (Cont.) Shoreline Area Designations Changes to the SMP map to better reflect actual shoreline conditions Provide greater consistency with the Whatcom County zoning map, and the Ecology-recommended shoreline area designation system (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). Shoreline Area Designations

What has Changed? (Cont.): 

What has Changed? (Cont.) Existing Designations Proposed Designations Urban Resort Urban Resort Urban Urban Shoreline Residential Rural Rural Resource Conservancy Conservancy Urban Conservancy Natural Natural Aquatic Aquatic Cherry Point Management Unit Cherry Point Management Area Shoreline Area Designations

What has Changed?: 

What has Changed? Delineation of the Nooksack River floodway FEMA Floodway (Current Jurisdiction) Physical Floodway (Proposed Jurisdiction) Associated Wetlands (potential) Physical Floodplain Jurisdiction Extent

What has Changed? (Cont.): 

What has Changed? (Cont.) Stream Segments Jorgensen Lake 26+ Acres Smith Creek Added Cornell Creek Moved Fishtrap Creek Moved Porter Creek Added Jurisdiction Extent

Comment and Review Draft: 

Comment and Review Draft The public comment period for this draft began on June 30th, and ends at 4:30 p.m. on August 30th. E-mail Cathy Craver at CCraver@co.whatcom.wa.us Submit written comments in the comment box Please include with your comments: Your name and contact information The topic and section number that you are commenting on Details of the issue you are raising Suggested changes Website - www.co.whatcom.wa.us/shorelines