Shoreline Master Program Update First Review of Preliminary Draft Shoreline Master Program [Entity] [Month Day, 2009] 1

Shoreline Master Program Update Why Update the SMP Now? –Shoreline Management Act passed in 1971, adopted in 1972 –County and Cities adopted SMP in 1975, last major update 1979 –Cooperative program – state and local governments –New State SMP rules adopted in 2003 –All local governments must update Due in Chelan County by 2013 –County and Cities are working cooperatively –Have State grant as early adopter on east side 2

Shoreline Master Program Update Where Does This Apply? –Shoreline Jurisdiction Stream ≥20 cfs, lakes ≥20 acres Upland areas 200 feet from OHWM Floodways and some adjacent floodplain area Associated wetlands Private use/development on federal lands –New Uses Existing shoreline uses and activities may continue 3

Shoreline Master Program Update Agenda –SMP Requirements –Key SMP Principles –SMP Development –SMP Contents Environment Designations Public Access Vegetation Conservation In-water Activities Upland Activities –Restoration Plan –Next Steps 4

Shoreline Master Program Update SMP Requirements 5

Shoreline Master Program Update 6

Inventory & Analysis SMP - Environment Designations - Goals - Policies - Regulations Cumulative Impacts Analysis Local Adoption Restoration Plan Ecology Review and Adoption Required Steps Determine Jurisdiction Public Participation 7

Shoreline Master Program Update Where Are We Now? Inventory & Analysis SMP - Environment Designations - Goals - Policies - Regulations Cumulative Impacts Analysis Local Adoption Restoration Plan Determine Jurisdiction Ecology Review and Adoption Public Participation 8

Shoreline Master Program Update Key SMP Principles 9

Shoreline Master Program Update Key Principles of the SMP –Balance environmental protection public access water-oriented uses –No Net Loss of Ecological Function –Preferred Uses 10

Shoreline Master Program Update Ecological Function SMP Updates: Achieving No Net Loss of Ecological Function SMP Restoration Plan Voluntary restoration opportunities No Net Loss – Current Baseline On-going degradation from existing development Unavoidable impacts from new development Key: DegradedImprovedSMP elements Higher Lower SMP Update Framework to achieve NNL Inventory & Characterization Environment Designation Development Policies & Standards Recommended Actions outside SMA authority Compliance Strategy Cumulative Impacts Analysis Restoration Plan Shoreline violations Off-site mitigation opportunities Offsetting mitigation Avoid and Mitigate Impacts 11

Shoreline Master Program Update Shorelines of State Preferred Uses: –Uses that control pollution & prevent environmental damage –Uses unique to or dependent upon use of the state's shoreline –Single family residences –Ports –Shoreline recreational uses –Water-dependent uses, e.g. parks, marinas, piers, industrial and commercial developments –Other uses providing an opportunity for substantial numbers of people to enjoy the shorelines Shorelines of Statewide Significance Preferred Uses: Uses that –Protect the statewide interest over local interest –Preserve the natural character of the shoreline –Result in long-term over short- term benefit –Protect the resources and ecology of the shoreline –Increase public access to publicly owned areas of the shorelines –Increase public recreational opportunities –Other element consistent with SMA deemed appropriate or necessary 12

Shoreline Master Program Update SMP Development 13

Shoreline Master Program Update Development of the SMP –Builds upon: SMP Guidelines & Consistency Analysis Inventory/Analysis Report –Includes: Specific subjects requested by County and City staff & the public –Furthers consistency with state & federal permit requirements 14

Shoreline Master Program Update Public Involvement –Shoreline Advisory Committee Winter 2008/2009 –Visioning Workshops Fall 2008 –Community Outreach – fliers, fairs, etc. –Local City and County meetings with planning commissions and elected officials 15

Shoreline Master Program Update Contents –Environment Designations –Goals –Policies –Regulations Structure –“Universal” Chapters 1-8 –“Unique” Chapters 9-14 –Differences = environment designations vegetation conservation upland development Intent –Meet state requirements & local community needs –Improve consistency –Improve staff and public usability Preliminary Draft SMP 16

Shoreline Master Program Update Current SMP: Prepared in 1975 Contains –Goals and Policies –Shoreline Use Regulations –Environment Boundaries Pre-Draft SMP Update New Chapters Environment Designations (Chapter 3) Shoreline Works & Structures divided by: –Piers and docks (Section 5.14) –Shoreline stabilization (Section 5.18) –Breakwaters, jetties, groins and weirs (Section 5.6) –Flood hazard reduction (Section 4.3) –In-water structures (Section 5.12) Ecological Protection & Critical Areas (Section 4.1) Public Access (Section 4.4) Vegetation Conservation (Section 4.5) Water Quality, Stormwater & Nonpoint Pollution (Section 4.6) Shoreline Habitat & Natural Systems Enhancement Projects (Section 5.17 ) 17

Shoreline Master Program Update Changes That May Affect Property Owners Switch from common line setback to standard setback [bullet for Cities only] More prescriptive requirements for shoreline vegetation protection and restoration Increased justification and design requirements for shoreline stabilization Streamlined permitting with added uses subject to SDP rather than CUP Reduced ambiguity and increased consistency and predictability with added detail (e.g., pier regulations, public access) 18

Shoreline Master Program Update SMP Contents Environment Designations Public Access Vegetation Conservation In-water Activities Upland Activities 19

Shoreline Master Program Update Environment Designations Based On: Criteria in the Guidelines Ecological condition per Inventory/Analysis Existing and planned land use 20

Shoreline Master Program Update Environment Designations Chelan County (Section 9.3) –Maintaining existing naming protocol Natural Conservancy Rural Urban –Adding two new designations Aquatic (required) Federal (suggested) 21

Shoreline Master Program Update Environment Designations City of Cashmere (Section 10.3) New designation system consistent with Guidelines recommendations –Urban Conservancy –Shoreline Residential –High Intensity –Aquatic Recognizes differences in ecological function and desired land uses within the City and its UGA Formerly a single Urban designation 22

Shoreline Master Program Update Environment Designations City of Chelan (Section 11.3) New designation system consistent with Guidelines recommendations –Urban Conservancy –Shoreline Residential – Single-Family –Shoreline Residential – Multi-Family –High Intensity –Aquatic Recognizes differences in ecological function and desired land uses within the City and its UGA Formerly a single Urban designation 23

Shoreline Master Program Update Environment Designations City of Entiat (Section 12.3) New designation system consistent with Guidelines recommendations –Urban Conservancy –Shoreline Residential –Waterfront Business (consistency with Waterfront Plan) –High Intensity –Aquatic Recognizes differences in ecological function and desired land uses within the City and its UGA Formerly a single Urban designation 24

Shoreline Master Program Update Environment Designations City of Leavenworth (Section 13.3) New designation system consistent with Guidelines recommendations –Natural –Urban Conservancy –Shoreline Residential –High Intensity –Aquatic Recognizes differences in ecological function and desired land uses within the City and its UGA Formerly a single Urban designation 25

Shoreline Master Program Update Environment Designations City of Wenatchee (Section 14.3) –New designation system consistent with Guidelines recommendations Natural Urban Conservancy Shoreline Residential Waterfront (consistency with Waterfront Plan) High Intensity Aquatic –Recognizes differences in ecological function and desired land uses within the City and its UGA –Formerly a single Urban designation Shoreline Master Program Update 26

Shoreline Master Program Update Public Access – Proposed Priorities 1.Maintain existing sites, facilities & easements 2.Provide new facilities or enhance existing facilities on existing public lands 3.Acquire property or easements to implement adopted public access plans or to recognize unique opportunities 4.Require physical or visual access as a condition of approval for shoreline development activities Would need to be consistent with the level of demand by the development and have a benefit to the public 27

Shoreline Master Program Update Vegetation Conservation Basic Principles (Section 4.5) –Preserve existing vegetation to maximum extent practicable –Additional protection for buffers –All impacts must be mitigated –Aligned with critical areas regulations –Some passive or essential uses (e.g., trails, utilities,) allowed –Existing vegetation and management practices may continue Shoreline Master Program Update 28

Shoreline Master Program Update Vegetation Conservation Chelan County (Section 9.5) –Consistent with County Critical Areas Regulations except, water- dependent uses may be located up to water’s edge –Certain other Shoreline Master Program Update Environment Designation Buffer Width High IntensityLow Intensity Natural Conservancy Rural Urban Lower Lake Chelan 5025 Lots < 300’ deep25% of depth, greater of 25’ or common line setback water-oriented uses may be located in buffer if alternate location not feasible 29

Shoreline Master Program Update Vegetation Conservation City of Cashmere (Section 10.5) –Widths developed using average existing condition –Water-dependent uses may be located up to water’s edge –Certain other water-oriented uses may be located in the buffer if alternate location not feasible Shoreline Master Program Update Environment Designation Standard BufferReduced Buffer Urban Conservancy 150’112.5’ Shoreline Residential 50’37.5’ High Intensity 80’60’ –Buffers may be reduced up to 25% with appropriate mitigation 30

Shoreline Master Program Update Environment Designation Standard BufferReduced Buffer Urban Conservancy150’112.5’ Shoreline Residential – Single Family and Multi- Family 50’37.5’ High Intensity50’37.5’ –Buffers may be reduced up to 25% with appropriate mitigation Vegetation Conservation City of Chelan (Section 11.5) –Widths developed using average existing condition –Water-dependent uses may be located up to water’s edge –Certain other water-oriented uses may be located in the buffer if alternate location not feasible 31

Shoreline Master Program Update Vegetation Conservation City of Entiat (Section 12.5) –Widths developed using average existing condition –Water-dependent uses may be located up to water’s edge –Certain other water-oriented uses may be located in the buffer if alternate location not feasible Environment Designation Standard BufferReduced Buffer Urban Conservancy150’112.5’ Shoreline Residential80’60’ Waterfront Business and High Intensity 40’30’ –Buffers may be reduced up to 25% with appropriate mitigation 32

Shoreline Master Program Update Vegetation Conservation City of Leavenworth (Section 13.5) –Widths developed using average existing condition –Water-dependent uses may be located up to water’s edge –Certain other water-oriented uses may be located in the buffer if alternate location not feasible Environment Designation Standard BufferReduced Buffer Natural200’150’ Urban Conservancy150’112.5’ Shoreline Residential80’60’ Waterfront Business and High Intensity 80’60’ –Buffers may be reduced up to 25% with appropriate mitigation 33

Shoreline Master Program Update Vegetation Conservation City of Wenatchee (Section 14.5) –Widths developed using average existing condition –Water-dependent uses may be located up to water’s edge –Certain other water-oriented uses may be located in the buffer if alternate location not feasible Environment Designation Standard BufferReduced Buffer Natural200’150’ Urban Conservancy150’112.5’ Shoreline Residential100’80’ Waterfront Business and High Intensity 150’112.5’ –Buffers may be reduced up to 25% with appropriate mitigation 34

Shoreline Master Program Update Shoreline Uses and Permits –Shoreline Uses & Activities allowed by environment designation More lenient – Urban or High Intensity More restrictive – Natural Other designations in-between – Conservancy –Shoreline Permits Shoreline Substantial Development Permits –Exemptions Shoreline Conditional Use Permit Shoreline Variance Permit 35

Shoreline Master Program Update Use Matrix 36 The chart is coded according to the following legend. P=Permitted CU=Conditional Use X=Prohibited (-)=Subject to use limitations in Chapter 5 and Chapters 9 to 14; otherwise prohibited Natural Conservancy Rural Urban Aquatic Marinas and commercial piersXCUPPP Commercial: Water-dependent usesXCUPP Commercial: Nonwater-oriented usesXXP(-) X Upland fill outside of CMZ/ floodplainXCUPP-- Upland fill inside of CMZ/ floodplainXXCUP-- Recreational: Water-dependentCUPPPP Recreational: Nonwater-orientedXCU X Residential: Single-familyCUPPPX Residential: Multi-familyXXCUPX

Shoreline Master Program Update Piers and Docks (Section 5.14) –Applies to residential structures serving ≤4 residences –Addresses fixed-pile piers, floats, boatlifts, and buoys –Generally permitted on appropriate waterbodies in all environments except Natural –Minimize size of structures, and mitigate for new impacts –Consistency with state and federal regulations 37

Shoreline Master Program Update Shoreline Stabilization (Section 5.18) –New bulkheads permitted if necessary –Existing bulkhead may be replaced if demonstrated need –Soft approaches required unless demonstrated to be insufficient –Minimize size of structures –Minimize and mitigate for new impacts. –Soft shoreline projects may extend waterward of ordinary high water 38

Shoreline Master Program Update Residential Uses –Single-family is Preferred Use –Multifamily allowed where zoning allows in High Intensity or Shoreline Residential environments –Standards for shoreline frontage, height, and side setbacks –Key issue for single-family is establishing shoreline frontage –Key issues for multifamily include maximum height and views 39

Shoreline Master Program Update Commercial & Industrial Uses –Water-dependent, water-related, or water- enjoyment are preferred –Nonwater-oriented uses allowed in limited cases –Allowed where zoning allows in High Intensity & Urban environments –Key policy issue – maximum heights, public views, and residential uses 40

Shoreline Master Program Update Restoration Plan 41

Shoreline Master Program Update Restoration Plan –Definition of Restoration –Includes goals, policies and actions for restoration –Facilitates meeting and exceeding the basic “no net loss” standard –Relies heavily on watershed and subbasin plans –Acknowledges the activities and benefits of multiple other organizations 42

Shoreline Master Program Update Next Steps Assemble working draft -- April 2009 Release 1 st Review Draft -- May 11, 2009 –Workshops, open houses –Subcommittees State review “Dynamic” comment period Public Hearing Draft – October