city of puyallup shoreline master program (smp)1-4 puyallup shoreline master program chapter 5 c...

CITY OF PUYALLUP

Shoreline Master Program (SMP)

Final adopted version January, 2016

Puyallup River

Puyallup Planning Commission Review Draft

Puyallup SMP i

TABLE OF CONTENTS

CHAPTER 1 – INTRODUCTION A. Purpose and Intent 1-1 B. Governing Principles 1-2 C. Title 1-3 D. Adoption Authority 1-3 E. Relationship to Other Plans and Regulations 1-3 F. Applicability 1-4

G. Shoreline Jurisdiction 1-5

H. Liberal Construction 1-5 I. Servability 1-5

CHAPTER 2 – DEFINITIONS A. Definitions 2-1

CHAPTER 3 – SHORELINE INVENTORY AND RESTORATION PLANNING A. Purpose of the Shoreline Inventory and Characterization 3-1 B. Purpose of Shoreline Restoration Planning 3-1 C. Puyallup River – Key Findings and Assessment of Shoreline Functions 3-1 D. Clarks Creek - Key Findings and Assessment of Shoreline Functions 3-3 E. Opportunities and Priorities for Shoreline Restoration 3-4

CHAPTER 4 – SHORELINE PUBLIC ACCESS PLAN A. Existing Policies and Shoreline Access Plans 4-1 B. Existing Public Access Facilities 4-4

C. Public Access, Views, Recreation and Aesthetics 4-9

CHAPTER 5 – GENERAL GOALS POLICIES AND REGULATIONS A. Shoreline Use 5-1 B. Historic, Cultural, Scientific and Educational Resources 5-1 C. Ecological Protection and Critical Areas 5-3 D. Flood Hazard Reduction 5-7 E. Vegetation Conservation 5-7 F. Water Quality and Quantity 5-9

CHAPTER 6 - SHORELINE JURISDICTION AND ENVIRONMENT DESIGNATIONS A. Designation of Shorelines of Statewide Significance 6-1 B. Adoption of Policy 6-1 C. Policies for Shorelines of Statewide Significance 6-1 D. Shoreline Jurisdiciton 6-2 E. Official Shoreline Map 6-2 F. Puyallup River Urban Conservancy 6-4

G. Clarks Creek Urban Conservancy 6-6

H. Natural 6-9

CHAPTER 7 – SHORELINE USE AND MODIFICATION-POLICIES AND

REGULATIONS A. Agriculture, Forestry and Mining 7-3


Puyallup SMP ii

B. Aquaculture 7-5 C. Boating Facilities and Docks 7-7 D. Commercial and Industrial Development 7-8 E. Dredging and Dredge Material Disposal 7-11 F. Flood Control Works 7-13 G. In-Stream Structures 7-15 H. Filling, Grading and Excavation 7-16 I. Parking 7-17 J. Residential Development 7-19 K. Restoration 7-21 L. Shoreline Stabilization 7-22 M. Signs 7-25 N. Transportation 7-26 O. Utility Development 7-28

CHAPTER 8 – ADMINISTRATIVE PROCEDURES A. Shoreline Management Permit and Enforcement Procedures, Adoption by Reference 8-1 B. Administrative Responsibilities 8-1 C. Types of Shoreline Permits 8-3 D. Statement of Exemption 8-7 E. Public Notification Requirements 8-7 F. Application Requirements 8-8 G. Public Hearing by the Hearing Examiner 8-8 H. Appeals 8-9

I. Permit Revisions 8-9

J. Nonconforming Use or Development 8-10


Puyallup SMP 3

Puyallup Shoreline Master Program 1-1

CHAPTER 1 INTRODUCTION

A. PURPOSE AND INTENT

1. The purposes of this Shoreline Master Program are:

a. To guide the future development of shorelines in the City of Puyallup in a positive, effective, and equitable manner consistent with the Washington State Shoreline Management Act of 1971 (the "Act") as amended (RCW 90.58).

b. 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 Puyallup’s shorelines; and

c. 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 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."

1-2 Puyallup Shoreline Master Program

B. GOVERNING PRINCIPLES OF THE SHORELINE MASTER PROGRAM GUIDELINES

1. The following Governing Principles, along with the policy statements of RCW 90.58.020, Legislative Findings, establish the basic concepts upon which the goals, policies and regulations of this Program are based.

a. Any inconsistencies between this Program and the Act must be resolved in accordance with the Act.

b. The policies of this Program may be achieved by diverse means, one of which is regulation. Other means, authorized by the Act, include but are not limited to: acquisition of lands and/or easements by purchase, or gift; and implementation of capital facility and/or non-structural programs.

c. Regulation of private property to implement Program goals such as public access and protection of ecological functions and processes must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to civil rights guaranteed by the U.S. and State constitutions, recent federal and state case law, and state statutes, such as RCW 43.21C.060, Conditioning or Denial of Governmental Action and 82.02, General Provisions on excise taxes.

d. Regulatory or administrative actions contained herein must not unconstitutionally infringe on private property rights or result in an unconstitutional taking of private property.

e. The regulatory provisions of this Program are limited to shorelines of the state, whereas the planning functions of this Program may extend beyond the designated shoreline boundaries.

f. The policies and regulations established by the Program must be integrated and coordinated with those policies and rules of the Puyallup Comprehensive Plan and development regulations adopted under the Growth Management Act (RCW 36.70A) and RCW 34.05.3281, Significant Legislative Rules.

g. Protecting the shoreline environment is an essential statewide policy goal, consistent with other policy goals. This Program protects shoreline ecology from such impairments in the following ways:

i By using a process that identifies, inventories, and ensures meaningful understanding of current and potential ecological functions provided by shorelines.

ii. 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. 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.

iii. By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such functions have been identified.

h. In light of other relevant local, state, and federal regulatory and non-regulatory programs, Puyallup should balance the policy goals of this Program to the extent consistent with the policies of the Act, per RCW 90.58.020, Legislative Findings, and these Governing Principles.

C. TITLE OF THIS DOCUMENT

1. This document shall be known and may be cited as the Puyallup Shoreline Master Program ("this Master Program", “SMP” or "the Master Program").

D. ADOPTION AUTHORITY

1. This Master Program is adopted under the authority granted by the Act and Chapter 173-26 of the Washington Administrative Code (WAC).

E. RELATIONSHIP TO OTHER PLANS AND REGULATIONS

1. The Puyallup Shoreline Master Program is a planning document that outlines the goals and policies for the use, development, protection and restoration of the major shorelines of the city (Puyallup River, Clarks Creek). It is also a regulatory ordinance with regulations for development intended to implement the goals and policies.

2. In order to preserve and enhance the shorelines of the City of Puyallup, it is important that all development proposals and modifications occurring in shoreline jurisdiction be evaluated in terms of the Shoreline Master Program, and that the Shoreline Administrator be consulted. The Shoreline Master Program provides the regulatory parameters within which development may occur, or it states that the community considers a certain type of use, development, or activity is unacceptable within the City’s shoreline jurisdiction, or it states that a use or activity may be considered (if a conditional review is applied for), but that the community should be able to ensure that the development is carried out in such a way that the public’s interest in protecting the shoreline is retained.

3. Uses, developments and activities regulated by this Master Program may also be subject to the provisions of the Puyallup Comprehensive Plan, the Washington State Environmental Policy Act ("SEPA," Chapter 43.21C RCW and Chapter 197-11 WAC), other provisions of the Puyallup Municipal Code, including Title 20 Zoning and Title 19 Environment, and various other provisions of local, state and federal law, as may be amended.

4. This Shoreline Master Program adopts by reference, subject to the exceptions listed in


Chapter 5 C 3.xi, the following City regulations contained in the Puyallup Municipal Code (PMC) Chapters 21.06 and 21.07:

a. PMC 21.06, Critical Areas (CAO), as adopted concurrently with this master program’s final adoption (December 2, 2015).

b. PMC 21.07, Flood Damage Protection Ordinance (as last amended by Ord. 3031), as in force on the date of this master program’s final adoption (March 8, 2013).

c. Incorporation of any subsequent amendments to the CAO will require an amendment to the master program and approval by the Department of Ecology pursuant to WAC 173-26-191(2)(b).

5. Project proponents shall comply with all applicable laws prior to commencing any use, development or activity.

6. 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.

F. APPLICABILITY

1. All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this Program. The Shoreline Management Act's provisions are intended to provide for the management of all development and uses within shoreline jurisdiction, whether or not a shoreline permit is required because many activities that may not require a substantial development permit, such as clearing vegetation or construction of a residential bulkhead, can, individually or cumulatively, adversely impact adjacent properties and natural resources.

2. This Master Program shall apply to all of the lands and waters in the City of Puyallup that fall under the jurisdiction of the Act. This generally includes portions of Clarks Creek below Maplewood Springs within the City of Puyallup; and all of the Puyallup River within the City of Puyallup.

3. This Master 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 which develops, owns, leases, or administers lands, wetlands, or waters that fall under the jurisdiction of the Act.

4. Federal agency actions on shorelines of the state are required to be consistent with this Master Program and the Act, as provided by the Coastal Zone Management Act (Title 16 United States Code §1451 et seq.; and §173-27-060(1) WAC, Applicability of chapter 90.58 RCW [Shoreline Management Act] to federal lands and agencies).

5. The permit requirements established under this Master Program apply to non-federal activities undertaken on lands subject to non-federal ownership, lease, or easement, even though such lands may fall within the external boundaries of federally owned lands (e.g., private in-holdings in the National Forest).


6. The permit requirements established under this Master Program apply to development and uses undertaken on lands not federally owned but under lease, easement, license, or other similar property right of the federal government.

7. Any conflicts between the referenced ordinances and the SMP are resolved in favor of the regulation that is most protective of the shoreline ecological functions.

G. SHORELINE JURISDICTION

1. The SMA applies to all rivers and streams and their associated wetlands downstream from a point where the mean annual flow is 20 cubic feet per second or greater. In the City of Puyallup, this includes the Puyallup River and Clark’s Creek (downstream of Maplewood Springs). The SMA also applies to adjacent “shorelands” located 200 feet from the ordinary high water mark (measured on a horizontal plane).

H. LIBERAL CONSTRUCTION

1. 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.

I. SEVERABILITY

1. If any provision of this Master Program, or its application to any person or circumstance is held invalid, the remainder of the Master Program, or the application of the provision to other persons or circumstances, shall not be affected.


CHAPTER 2 DEFINITIONS

A. DEFINITIONS In addition to the definitions contained in the Puyallup Zoning Code (PMC 20.15) and Critical Areas (PMC 21.06), the following definitions shall apply for purposes of administering the Puyallup SMP. “A” Act The Washington State Shoreline Management Act, chapter 90.58 RCW. Administrator

The Shoreline Administrator, which shall be the Puyallup Director of Planning or his or her designee. Agricultural activities

Agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which 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. Agricultural equipment and agricultural facilities

Equipment and facilities including, but not limited to:

1. 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;

2. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;

3. Farm residences and associated equipment, lands, and facilities; and

4. Roadside stands and on-farm markets for marketing fruit or vegetables. Agricultural land

http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58


Those specific land areas on which agricultural activities are conducted as of the date of adoption of the master program pursuant to the Ecology guidelines 173-26 WAC as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program. Agricultural products

Includes, but is 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. Amendment

A revision, update, addition, deletion, and/or reenactment to the Puyallup SMP. Approval

An official action by the City of Puyallup agreeing to submit a proposed shoreline master program or amendments to the Department of Ecology for review and official action pursuant to the act. Appurtenance An associated use which is connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. Normal appurtenances include a garage; all detached accessory buildings, including those under 200 square feet in floor area; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed one-hundred (100) cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Aquaculture

Aquaculture means the culture or farming of fish, shellfish, or other aquatic plants and animals. Associated Wetlands

Those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act. Average grade level

The lower of the existing or finished topography of the portion of the lot, parcel, or tract of real property which will be directly adjacent to the proposed building or structure. For structures located on sloping sites, 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. In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark.


“B” Bank

A steep rise or slope at the edge of a body of water or water course. Berm

A ledge or shoulder consisting of mounded earth or rock. Best management practices (BMPs)

Conservation practices, or systems of practices and management measures, that:

1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and/or sediment;

2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands and streams;

3. Protect trees and other vegetation designated to be retained during and following site construction; and

4. Provide standards for proper use of chemical herbicides and pesticides within critical areas. Bioengineering Project designs or construction methods which 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 which 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. Boating facilities

Non-motorized boat launch ramps and structures providing public recreational access to the waters of the state, including, but not limited to, public docks/piers, docks/piers in private residential development projects with five or more single family residential lots where public access easements/signage provide public access and use of the dock or pier; etc. Boating facilities does not refer to docks, piers or non-motorized boat launch ramps that serve four or fewer single family residences. Buffer or buffer area

The area or zone contiguous to a critical area that protects the integrity or functions and values of a critical area from potential adverse impacts, or areas that are an integral part of an affected resource’s ecosystem. Building


A structure built for the support, shelter or enclosure of persons, animals or property of any kind, in conformance with the adopted Uniform Building, Plumbing and Mechanical Codes as adopted by Puyallup Municipal Code Title 17. Bulkhead A wall-like structure normally constructed parallel to the shore and near the high water mark to protect the shore and uplands from erosion by current and wave action. They may also be constructed to retain uplands and fills that are prone to sliding, mass movement or erosion. For purposes of this Program, the former shall be known as normal protective bulkheads when constructed to protect single-family residences and properties. “C” Channel migration zone (CMZ)

The area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes (e.g. stream bank destabilization and erosion, rapid stream incision, aggradation, avulsions, and shifts in

location of stream channels) when considered with the characteristics of the river and its surroundings. Channelization The straightening, deepening or lining of river and stream channels, or preventing natural meander progression of streamways, through artificial means such as relocating channels, dredging and placing of continuous levees or bank revetments along portions of the river or stream. Channelization does not include dredging sediment or debris without further construction. Clearing

The removal of timber, brush, grass, ground cover or other vegetative matter from a site, which exposes the earth’s surface of the site. Commercial use

A use that involves the purchase, sale, lease, rental, repair or other transaction involving the handling of any article, service, substance or commodity commonly used for consumer or household use. Typical uses include arcades, art specialty and retail shops, consumer services enterprises (laundries, dry cleaners, shoe repair, appliance and electronic repair, tailoring, printing shops and photo finishing, etc.), shopping centers or malls, food stores and supermarkets, health spas and studios, hotels and motels, indoor theaters, and restaurants (including sale of alcoholic beverages). Commercial uses may be for profit or nonprofit and are typically conducted entirely within an enclosed building and do not involve outdoor storage of materials. The term does not include “road service uses.” Conditional use

A use or development that is conditionally permitted pursuant to Chapter 7 of this Program.


Conservation The prudent management of rivers, streams, wetlands, wildlife and other environmental resources in order to preserve and protect them. This includes the careful use of natural resources to prevent depletion or harm to the environment. Critical area(s)

Wetlands, fish and wildlife habitat areas, critical aquifer recharge areas, geologically hazardous areas, and frequently flooded areas as defined in Puyallup Municipal Code Chapter 21.06, Critical Areas. “D” Date of filing Date of filing of a local government final decision involving approval or denial of a substantial development permit is the date of actual receipt by the department of a local government's final decision on the permit. Date of filing involving approval or denial of a variance or conditional use permit, is the date of transmittal of the department's final decision on the variance or conditional use permit to local government and the applicant. Development

A use within shoreline planning areas 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 chapter at any state of water level.

Development regulations

The controls placed on development or land uses by the City of Puyallup, 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 chapter 90.58 RCW, planned development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. Dike An artificial embankment or revetment normally set back from the bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land. Docks

Structures generally built from the shore extending over the water to for publically accessible water-oriented recreational use. Docks may be either anchored and floating or permanently fixed to pilings. They do not include floats or launch ramps.


Document of record The most current shoreline master program officially approved or adopted by rule by the Department of Ecology for the City of Puyallup, including any changes resulting from appeals filed pursuant to RCW 90.58.190. Dredge spoil

The material removed by dredging. Dredging

The removal, displacement, and disposal of material such as gravel, sand, mud, silt, debris or other material from the Puyallup River, Clark’s Creek or associated wetlands. Dredging is normally done for a specific purpose such as constructing and maintaining submarine pipelines or cable crossings, obtaining material for fill or construction, as part of an aquacultural operation or for dike repair and maintenance. “E” Ecological functions or 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 that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c). 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. Emergency An unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this SMP. Emergency construction does not include development of new permanent protective structures where none previously existed. Excavation

The mechanical removal of earth material such as silt, sand, gravel, soil, rock or other material from all areas landward of the ordinary high water mark. Exempt developments

Those development activities set forth in Appendix D of the Puyallup SMP which are not

required to obtain a Substantial Development permit but which must otherwise comply with

applicable provisions of the act and the SMP. Permit-exemptions are established in the

Shoreline Management Act at WAC 173-27-040, RCW 90.58.030(3)(e), RCW 90.58.140(9),

90.58.147, 90.58.355, and 90.58.515.


“F” 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 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. Feasible

An action, such as a development project, mitigation, or preservation requirement, which meets all of the following conditions:

1. 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;

2. The action provides a reasonable likelihood of achieving its intended purpose; and

3. The action does not physically preclude achieving the project's primary intended legal use. Fill

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. Filling

The process of creating, extending or raising land area by filling with materials such as sand, soil, gravel, dredge spoils or other material on a shoreline and also refers to the resulting land, as indicated by the context. Landfill does not refer to dikes, levees or compacted fill flood retention or floodproofing structures. Flood or flooding

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 of surface waters from any source. Flood control works and flood protection

All structures and works on the Puyallup and Clark’s Creek designed to prevent bank erosion, to reduce flooding of adjacent lands, to control or divert stream flow or to create a reservoir, including but not limited to revetments, dikes, levees, channelization, dams, vegetative stabilization, weirs, and flood and tidal gates. Excluded are water pump facilities. Flood


protection may also include techniques of floodplain, river basin and watershed management applied alone or in combination with structural measures. Floodplain

Synonymous with one hundred-year flood plain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act. Floodway

The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than one foot. Also known as the “zero-rise floodway.” This area shall be identified as established in federal emergency management agency flood insurance rate maps or floodway maps. Freestanding sign

A sign erected on a self-supporting structure erected and supported from the ground. “G” Geologically hazardous areas

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 processes as designated by WAC 365-190-080(4). Types of geologically hazardous areas include: erosion, landslide, seismic, and volcanic hazards. Geotechnical report or geotechnical analysis

A scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Grading

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. Guidelines

Those standards adopted by the Department of Ecology to implement the policy of chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of master


programs. Such standards shall also provide criteria for local governments and the Department of Ecology in developing and amending master programs. “H” Height, Building or Structure

Defined as a measurement from average grade level to the highest point of a structure: Provided, that television antennas, chimneys, overhead utility lines/poles and similar non-habitable appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included: Provided further, that temporary construction equipment is excluded in this calculation. Historic, cultural, scientific, and educational resources

All scientific, archaeological, historic and cultural areas, sites, objects, structures, buildings, districts, and objects, landscapes and traces that are or may be of educational, cultural and scientific value to citizens of the city, state, nation or affected tribes. Historic site

Those buildings, structures, sites, districts, objects, and landscapes that are listed in, or eligible for listing in the National Register of Historic Places, the Washington Heritage Register or the Puyallup Register of Historic Places. “I” Impervious surface

A hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Impervious surfaces do not include surface created through proven low impact development techniques.


Industrial Use

The manufacture, assembly, processing or treatment of parts, materials, goods, foodstuffs and products intended for general distribution. Production processes may not employ the extensive use of hazardous or volatile materials or chemicals, or continuous high levels of noise. Typical uses include contractors shops, metal fabrication, custom boat building, indoor storage of bulk materials and machinery, nonflammable gas production, warehouse and distribution facilities, publishing plants, or vehicle repair facilities. 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. “L” Landscaping

Landscape elements including plant materials (grass, ground cover, annuals, perennials, shrubs, vines and trees), landscape light fixtures, trash receptacles, benches, fountains and other street furniture and including paving or decking used for ornamental purposes. Levee

A natural or man-made embankment on the bank of a river or stream to keep floodwaters from inundating adjacent land. Some levees have revetments on their sides. “M” Master Program The City of Puyallup Shoreline Master Program.


May

The action is acceptable, provided it conforms to the provisions of this chapter. Mixed-use development A tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. Mixed-use structure A single structure containing at least two complementary, integrated, or mutually supporting uses (such as housing, offices, manufacturing, retail, public service, or entertainment). The structure must achieve physical and functional integration within itself. Must

A mandate; the action is required. “N” Native vegetation

Plant species that are indigenous to the Puget Sound area. No Net Loss A standard intended to ensure that shoreline development or uses, whether permitted or exempt, are located and designed to avoid loss or degradation of shoreline ecological functions that are necessary to sustain shoreline natural resources. The standard is met when proposed uses or developments are in compliance with the provisions of this master program. In cases where unavoidable loss results from allowed uses or developments, the standard is met through appropriate mitigation, consistent with the provisions of this master program. Nonconforming structure

An existing structure lawfully erected and maintained which does not conform to the density, coverage, height, setback or other requirements of the applicable regulations and policies of this Program, either as of the effective date of adoption or amendment, or as a result of prior subsequent regulations and policies which make such structures nonconforming. Nonconforming use

An existing use lawfully established and continued which is not listed as a permitted use in the applicable city zoning code classifications, either as of the effective date of the ordinance, or as a result of prior or subsequent ordinances which make such use nonconforming. Nonwater-oriented uses

Those uses that are not water-dependent, water-related, or water-enjoyment. Normal Maintenance


Those usual acts to prevent a decline, lapse-or cessation from a lawfully established condition. Normal protective bulkhead 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 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. “O” Open Space Land, including wetlands, that retains its natural or semi-natural character because it has not been developed. Ordinary high water mark (OHWM) That mark that will be found by examining the bed and banks 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 City of Puyallup 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 ordinary high water mark adjoining fresh water shall be the line of mean high water; “P” PMC Puyallup Municipal Code Priority habitat A habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; important marine mammal haul-out; refugia habitat; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional


stage (such as, old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. Priority species Species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.

1. Criterion 1. State-listed or state proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.

2. Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.

3. Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.

4. Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered.

Program The City of Puyallup Shoreline Master Program. Project area A proposed development site and the lands within fifty (50) feet of the area proposed to be disturbed, altered, or used by the proposed activity. Protected Area The lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area. Provisions Policies, regulations, standards, guideline criteria or environment designations. Public interest

http://apps.leg.wa.gov/WAC/default.aspx?cite=232-12-014





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. Public Access The protection of the public’s right to use navigable waters and the provision of both physical and visual access to and from the water. “R” RCW Revised Code of Washington Recreation The recreation and refreshment of body and mind through forms of play, sport, relaxation, amusement, education or contemplation. Water-oriented recreational uses include boating, fishing, floating, swimming, diving, and enjoying the natural beauty of the shoreline and/or its wildlife and aesthetic values through walking, biking, hiking, photography and wildlife observation. Water-oriented recreational uses vary in intensity from passive to active -

1. Passive shoreline recreation is light to moderate intensity recreational use of the shoreline, such as hiking, kayaking, fishing and non-sport bicycling.

2. Active shoreline recreation is recreational use of the shoreline that is more intensive or land consumptive by virtue of the activity or associated facilities. See “Recreation development.”

Recreation development Recreational development includes commercial and public facilities designed and used to provide recreational opportunities to the public. Residential Development Buildings, subdivision and use of land primarily for human residence; including one-family, two-family and multiple dwellings, but not including hotels and motels, lodging houses, rooming houses, clubs and fraternity houses. Restore, restoration or ecological restoration The reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, 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. 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, which is a vertical structure. Riparian habitat Areas adjacent to streams and rivers that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. Riprap Hard, angular quarry rock used for river or stream bank stabilization or other flood control works. Road service use A highway-oriented use catering to the needs and convenience of motor vehicle operators. Typical uses include motor vehicle sales, rental, storage, service and/or repair, body shops, gasoline or diesel service stations, electric vehicle battery exchange stations and rapid charging stations, recreational vehicle parks, hotels and motels, and, when not part of a commercial center or business park, taverns, fast-food restaurants, and convenience markets. Such uses often involve outdoor storage as an integral but not predominant element of the use, as in the case of a retail building supply center, and often generate higher volumes of traffic than general commercial uses “S” Setback levee. An embankment constructed to prevent flooding that is positioned some distance from the edge of the river or channel in order to allow the river to occupy a portion of its floodplain. Setback levees allow wildlife habitat to develop between the levee and the river or stream. Shall A mandate; the action must be done. Shoreline areas and shoreline jurisdiction All "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. Shoreline permit A permit issued by the City of Puyallup pursuant to RCW 90.58.140 as required for substantial development on shorelines of the state (also includes shoreline substantial development, conditional use and variance permits).


Shorelines of the state The total of all "shorelines" and "shorelines of statewide significance" within the state. Shorelines All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except for the following:

1. Shorelines of statewide significance;

2. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and

3. Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.

Shorelines of statewide significance As defined in RCW 90.58.030(2)(e), those natural rivers or segments where the mean annual

flow is measured at one thousand (1,000) cubic feet per second or more. In the City of Puyallup

the Puyallup River is a Shoreline of Statewide Significance.

Shorelands or shoreland areas Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; 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 which are subject to the provisions of the Act. Shoreline master program (SMP) 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.

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, or application of chemicals. Shoreline Stabilization Structural or non-structural modifications to the existing shoreline intended to reduce or prevent erosion of stream banks or adjacent uplands. Shoreline stabilization is generally located parallel to the shoreline at or near the OHWM. It is distinct from flood control works in that it is


intended to prevent bank erosion only, rather than protect upland property from overbank flood hazards. Should The particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action. Sign A sign is any word, placard, board, notice, logo, insignia, symbol, flag, banner, balloon or inflatable device or pennant, which uses graphics, symbols, or written copy and is used to advertise or promote the interest of any person, institution, or business. Works of art, fountains, mosaics and building or structural design features that do not contain a commercial message, logo, symbol, or identification are not signs according to this definition. Sign area The square footage of a sign measured from the outermost edge of the sign, including the frame. The square footage of a sign composed only of letters, words, or symbols shall be determined from imaginary straight lines drawn around the entire copy or group of such letters, words, or symbols. Double-faced signs shall be calculated as the area of one side only. Three-dimensional signs shall be calculated as the maximum area visible from any single direction at any point in time. Sign height For residential properties, the vertical distance from the average adjoining grade level at the sign or supporting structure base to the highest point of the sign, including its supporting structure. For commercial properties, sign height is the vertical distance from the average grade level of the centerline of the adjoining street to the highest point of the sign, including its supporting structure. 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 significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions and in accordance with best management practices for pruning as defined by the International Society of Arboriculture (ISA), does not constitute significant vegetation removal. Single-family residence A detached dwelling designed for and occupied by one (1) family, including those structures and developments within a contiguous ownership which are a normal appurtenance. SMA Shoreline Management Act


SMP Shoreline Master Program

Special Flood Hazard Area Land subject to inundation by the base flood. Special Flood Hazard Areas are designated on Flood Insurance Rate Maps with the letters “A” or “V” including AE, AO, AH, A1-99 and VE. The Special Flood Hazard Area is also referred to as the area of special flood hazard, or SFHA. Statement of exemption A written statement by the Administrator that a particular development proposal is exempt from a Substantial Development permit requirement and is generally consistent with this program, including the Act, Chapter 90.58 RCW. Storm water conveyance facilities Biofiltration swales, dispersal trenches, storm water pipes, and other facilities that carry storm water from a detention or treatment facility to a discharge location. Storm water facility Structures or lands used for the specific purpose of treating or managing storm runoff. Storm water facilities include detention/retention ponds, wet ponds, media filtration facilities, vaults, lagoons, infiltration basins, and other approved facilities constructed in accordance with the city’s storm water management regulations. 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 (regardless of depth), except for vessels. Substantial development Any development of which the total cost or fair market value exceeds $6,416 dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection (3)(e) must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. Substantially degrade To cause significant ecological impact.


“T” Transportation facilities Structures and developments that facilitate land and water surface movement of people, goods and services, and shall include:

1. All forms of roads and roadways, including bikeways and equestrian trails.

2. Parking areas for vehicles of all types

3. Bridges and causeways

4. Rail transportation “U” Upland Those shoreline areas landward of the OHWM except backshores, wetlands and floodplains. Utilities Facilities for generating, distributing, processing, or storage of water, sewage, solid waste, storm drainage, electrical energy including electronic communications, and their administrative structures, as well as pipelines for petroleum, fuel, oil and natural gas products, and fire suppression. Utility line Pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power with an associated voltage of 55,000 volts or less, natural gas, communications and sanitary sewer. “V” Variance

A means to grant relief from the specific bulk, dimensional or performance regulations

of this Program granted by the Hearing Examiner in accordance with the terms of

Chapter 8 of this Master Program. Variances are not a means to vary a use of a

shoreline.

Vegetation conservation 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.


“W” WAC Washington Administrative Code Water-dependent use A use that requires direct access to the water to accomplish its primary function. A use or portion of a use, which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. Possible examples include: marinas, aquaculture, boat launching facilities, viewing platforms, shoreline recreation and intakes or outfalls when allowed under relevant legislation. Water-enjoyment use A use that does not require access to the water, but is enhanced by a waterfront location. This includes uses that facilitate public access to the shoreline as a primary characteristic of the use; or uses that provide for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use. To qualify water-enjoyment, the 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. Possible examples include: restaurants, aquariums. Water-oriented use A use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. Water quality The physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this SMP, the term "water quantity" refers only to development and uses regulated under this SMP and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this SMP, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. Water-related use A use that does not require direct access to the water, but provides goods or services associated with water dependent uses. A use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:


1. The use has 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

2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.

Possible examples include: boater supply or kayak rental 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 the plan and consists of one or more of the following activities:

1. A project that involves less than ten (10) miles of streamreach, 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;

2. 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

3. 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 (200) square feet in floor area and is located above the ordinary high water mark of the stream.

Watershed restoration plan A plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, 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. Wetlands Areas that are inundated or saturated by 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 nonwetland 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 nonwetland areas to mitigate the conversion of wetlands.


CHAPTER 3 SHORELINE INVENTORY AND RESTORATION PLANNING

A. PURPOSE OF THE SHORELINE INVENTORY AND CHARACTERIZATION

A first step in the comprehensive Master Program update process is development of a shoreline inventory and characterization, consistent with state guidelines (WAC 173-26-201, Comprehensive Process to Prepare or Amend Shoreline Master Programs). The inventory and characterization documents current shoreline conditions and provides a basis for updating the City’s Master Program goals, policies, and regulations. The characterization identifies existing conditions, evaluates existing functions and values of shoreline resources and explores opportunities for conservation and restoration of ecological functions.

The report was reviewed and revised based on technical review comments from City staff, Department of Ecology, the Muckleshoot and Puyallup Tribes and state Department of Transportation.

B. PURPOSE OF SHORELINE RESTORATION PLANNING

State guidelines require that local governments develop Master Program policies that promote “restoration” of damaged shoreline ecological functions and develop a “real and meaningful” strategy to implement restoration objectives. Planning for shoreline restoration includes identifying opportunities (both programmatic and site-specific), establishing goals and policies, working cooperatively with other regional entities, and supporting restoration through other regulatory and non-regulatory programs.

C. PUYALLUP RIVER – KEY FINDINGS AND ASSESSMENT OF SHORELINE FUNCTIONS

The city of Puyallup (including the urban growth area (UGA)) lies between River Miles (RM) 5.7 and 11.4 on the Puyallup River in the lower Puyallup Watershed. "River Miles" refers to mileage measured along the river, with reference to river mile designations based on USGS mapping data. River miles begin at the mouth of the river and increase with distance upstream. Within Puyallup, the River extends generally from the Melroy Bridge and mouth of Clarks Creek to approximately 1.3 miles upstream of the confluence with the White River. The portion of the Puyallup River within the city and its UGA is approximately 10 percent of the total length of the river. Given the city’s location in the lower watershed, conditions in the Puyallup River within the city are driven largely by activities and conditions upstream.


Table 3-1. Puyallup River Shoreline

Puyallup River Shoreline

Habitat ESA Protected Species: Salmon / Bull Trout / Steelhead (Critical Habitat designated for Chinook and Bull Trout)

Wetlands / Riparian Habitat between river and golf course

Water Quality “Impaired” waterbody

Upstream Causes: development, logging, leaking septic systems, agriculture, channelization.

Fecal Coliform; Minimum Flows; Suspended Sediment (affects habitat)

June 2011 – Fecal coliform total maximum daily load (TMDL)

City improvements to Wastewater Treatment Plant

Flooding FEMA remapping floodplain (not adopted as of April, 2014)

Floodplain connectivity impaired throughout

Levees impair flow attenuation

Peak Flows – result of natural seasonal changes

Shoreline Modifications

Pierce County Levees throughout

Historic floodplains and wetlands disconnected

Reduces riparian vegetation / habitat

Public Access and Recreation

Recreation / Fishing

River Front Trail

Palmer Property

River Road Levees

Land Use Agriculture, open space, and vacant on eastern portion

Residential, commercial, light industrial on western portion

The Puyallup River is a highly altered system as a result of major river and flood management practices as well as land use change in the watershed. Most impairment to ecological processes and shoreline functions are driven by practices and activities at a watershed or ecosystem scale. This includes major changes to hydrology from dams and withdrawals and construction of an extensive levee, dike, and revetment system. Such changes have affected channel migration, habitat, and wetland functions within the


watershed. Water quality impairments are driven by a variety of factors related to land use in the watershed. Runoff from agricultural areas, leaking septic systems, and stormwater runoff in urbanized areas are concerns.

D. CLARKS CREEK - KEY FINDINGS AND ASSESSMENT OF SHORELINE FUNCTIONS

Clarks Creek is approximately 3.8 miles in length, extending from its headwaters at Maplewood Springs to its confluence with the Puyallup River. Nearly all of Clarks Creek is in the city limits and/or the UGA. Clarks Creek originates from groundwater surfacing at Maplewood Springs, which is located on the upland plateau. It flows north, descending into the Puyallup River floodplain and entering the Puyallup River near RM 5.8, near the Melroy Bridge.

Table 3-2. Clarks Creek Shoreline

Clarks Creek Shoreline

Habitat Protected fish species: Chinook, coho, and chum salmon, and steelhead and cutthroat trout

Other Species: Herons, eagles, osprey

Wetlands / Riparian Habitat

WDFW Hatchery / State Owned Land

Clarks Creek Park and Open Space

Water Quality “Impaired” Waterbody

Fecal Coliform; Temperature; Suspended Sediment (affects habitat)

Meeker Creek affects Clarks Creek

City studies underway

Clean-up (TMDL) Plan

Flooding FEMA remapping floodplain (not adopted as of April, 2014)

Floodplain connectivity impaired in lower reach

Peak Flows – result of increased flow volumes from

Maplewood Springs

Summer flooding from weed growth in channel (high nutrients, minimal shade)

Shoreline Modifications Residential “armoring”


Increases peak flows (increases water velocity and limits channel migration/ impervious area increases peak flows)

Reduces riparian vegetation / habitat (limited ability to create or sustain wetland/side channel/backwater areas)

Reduces filtration and water quality

Public Access and Recreation

Clarks Creek Park

DeCoursey Park

Open space near Maplewood Springs and fish hatchery

Land Use Significant open space, park, and public facility uses

Single-family, low-density residential uses predominant elsewhere

Shoreline functions along Clarks Creek have been impaired on a smaller scale when compared to the Puyallup River. Native riparian vegetation has been affected by agricultural development and shoreline “armoring” (e.g., bulkheads or riprap). This has affected instream and riparian habitat conditions and limited connectivity with off-channel and riparian wetlands. Water quality issues of concern on Clarks Creek include fecal coliform and high pH levels. Excessive nutrients in the stream bed sediments are also a concern and are currently being studied.

E. OPPORTUNITIES AND PRIORITIES FOR SHORELINE RESTORATION

Based on the key ecosystem functions that are currently altered, there appear to be three specific types of restoration actions that will most benefit the Puyallup River and Clarks Creek. These actions are intended to address ecosystem and shoreline ecological functions that have been impaired or degraded. While these projects are intended to restore ecosystem functions, the restoration activities are not intended to achieve pre-development conditions. In addition, some restoration actions must occur at the watershed scale, which will restore ecosystem functions that cannot be addressed solely within the city. Opportunities identified thus far include programmatic actions (such as stormwater management techniques city-wide to address water quality) and site specific actions (such as levee setbacks, bulkhead replacements, or vegetation enhancement projects on individual properties).


1. Reconnect channel to floodplain. Actions in this category will increase flood storage, restore floodplain area, and provide a more natural transition from aquatic to upland habitats. For the Puyallup River, these actions could include the use of setback levees and revetments, and grading portions of the floodplain to create back channels and reconnect wetlands. On Clarks Creek, these actions could include the removal of bank armoring currently intended to prevent channel migration and/or bank erosion.

2. Enhance existing habitats. Actions in this category will improve the functioning of the existing aquatic, wetland, and riparian habitats that currently exist along the Puyallup River and Clarks Creek. These actions could include the removal of non-native invasive vegetation, installation of native riparian vegetation, replacement of traditional “hard” shoreline armoring with more natural alternative bank stabilization, replacement of culverts that impede fish passage, and installation of in-stream habitat structures intended to increase habitat complexity.

3. Water quality improvements. Actions in this category could take many forms. While the causes of water quality impairments may be numerous and not well understood, ongoing studies are underway to investigate and establish baseline thresholds. Programmatic and site-specific measures could focus on source control, retrofitting, and advanced treatment technologies. These measures may relate to regulations for land use and development, protection of wetlands, and enhanced stormwater treatment. Opportunities for restoration should be informed by TMDL studies, and basin plans and their associated Capital Improvement Projects.

Establishing restoration priorities should be informed by and support regional efforts. Regional efforts that are underway include the WRIA 10 planning process for salmon recovery, and the Lower Puyallup River Feasibility Study led by Pierce County to examine flood hazard issues in the valley. In evaluating its own options, the City could consider prioritizing its shoreline restoration efforts to distinguish the Puyallup River from Clarks Creek in the following manner:

Puyallup River – Most impairment to ecosystem processes and shoreline ecological functions has occurred at a watershed scale. Pierce County owns and maintains the levees in the city and is undertaking a comprehensive evaluation of flood management options in the lower Puyallup valley. The WRIA 10 salmon recovery planning process should continue to identify site-specific priority actions in the lower watershed. For these reasons, the City could pursue restoration along the river in two ways:

First, the City could act as a partner to support regional efforts for shoreline restoration, such as those related to flood management, but not act as a lead entity in most cases.

Secondly, the City could lead projects within its jurisdiction that address more local-scale issues, such as habitat improvements within and along the river channel. The restoration plan identifies six specific areas along the Puyallup River where such actions could be accomplished.


Clarks Creek – A significant portion of the stream and its contributing basin is in the city and its UGA, giving the City greater control for actions along Clarks Creek. Most impairment to processes and ecological functions has occurred at a reach scale or basin-wide scale. The issues related to Clarks Creek are on a smaller scale with more straightforward or standard solutions. For these reasons, it may be most feasible for the City to focus its resources on shoreline restoration efforts on Clarks Creek such as:

Removal of bulkheads, revetments, and/or other “shoreline armoring” and replacement with more natural bank stabilization techniques and materials, using logs and root wads. Technical resources include WDFW’s Integrated Streambank Protection Guidelines.

Removal of non-native vegetation along stream banks and replacement with native riparian vegetation. This could be accomplished in coordination with bank stabilization projects or in areas where native shoreline vegetation has been cleared during past development (for agriculture or residential lawns). This appears to be the best long-term, sustainable solution to protecting and restoring environmental functions to this watercourse as well as eliminating the elodea infestation in the stream bed. Attention should also be given to Meeker Creek in terms of re-establishing riparian vegetation along its banks.

Continue to focus on stormwater reduction techniques to reduce overall storm inputs to Clarks Creek, focusing primarily on low impact development techniques such as rain gardens to accomplish this goal.


CHAPTER 4 SHORELINE PUBLIC ACCESS PLAN

Public access to the shoreline is one of the three main goals described in the Shoreline Management Act (SMA). The State requires local governments to provide opportunities for shoreline recreational development (WAC 173-26-241(3)(i)) and to increase public access to publicly owned shoreline areas within Shorelines of Statewide Significance (RCW 90.58.020, WAC 173-26-191(1)(b)).

Local shoreline master programs are to include a public access element and a recreational element. The recreational element is to provide for “the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches and recreational areas” (WAC 173-26-191(1)(c)).

The requirement for local governments to develop a public access plan is significant when considering that the SMA requires public access provisions be provided when shoreline permits, recommended projects, public entity master plans, and/or actions are taken to develop public shoreline on public property (WAC 173-26-221 (4)). Additionally, public access may also be required as a condition of development when certain conditions exist

The State defines public access to the shoreline as “the 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(4)(a)). Public access can include:

Viewing the shoreline:

View points and corridors

Habitat observation points

Accessing and enjoying the shoreline:

Fishing piers

Interpretive trail signage

Kayak hand launches

Motor boat facilities

Boardwalks and natural trails

Pocket parks

Swimming beaches

This Shoreline Public Access Plan (SPAP) establishes goals and policies for shoreline public access. It provides a summary of existing shoreline public access and identifies potential public access opportunities along Puyallup’s shoreline. The SPAP also includes criteria for prioritizing public access projects. Finally, it includes a strategy for implementation that includes a Public Access Fund contribution program.

A. EXISTING POLICIES AND SHORELINE ACCESS PLANS

The comprehensive plan recognizes and envisions a comprehensive trail system throughout the city that connects city parks and open space resources. Most of the city’s policies


regarding shoreline public access are contained within the city’s Parks, Recreation and Open Space Plan Element.

Parks, Recreation and Open Space Plan Element

The Parks, Recreation and Open Space Plan Element provides the following vision and policies for parks, trails and open space as they relate to shoreline public access.

Puyallup's park and open space system offers a wide variety of recreation experiences; serves all age groups and abilities; and links parks through a system of trails (Vision statement)

Provide for a broad range of park and recreation activities, programming and experiences for all users, addressing all community members. Include cultural programs and activities within the community (Goal 2)

Promote the development of trails for bicycle and pedestrian recreational and commuter use, linking community activity areas and focusing on areas suited to interpretive activities and facilities (Objective 2c.)

Provide a visual connection to the Puyallup River through the Riverwalk Trail, and opportunities for fishing and general access through the trails system (Objective 2d.)

Promote acquisition of park land that provides maximum benefits through concurrent and compatible uses (Goal 3)

Promote the development of a non-motorized circulation system providing access to park and recreation facilities (Objective 4b.)

Promote a network of off-street trails using natural open space areas, parks, utility corridors, and other features. This network can be supplemented with on-street connections where needed to create a system of trail loops throughout the city (Objective 4g.)

The Parks, Recreation and Open Space Plan Element provides the following map with possible improvements to the city’s current trail system. This includes areas shown for shoreline trail access improvements, particularly the Riverwalk Trail system.


Figure 4-1. Facility map from Parks Element, Comprehensive Plan


One of the prime proposed trail improvements would be the establishment of a city-wide “loop” system that would parallel the current Riverwalk trail alignment along the southern shoreline of the Puyallup River.

Other shoreline access plans in the Parks, Recreation and Open Space Plan include the connection of missing segments of the trail and extensions beyond. One major gap in the Riverwalk Trail system is addressed in the comprehensive plan – the missing link between the trail head points at the Milwaukee Bridge overpass and the SR512 overpass.

Figure 4-2. Missing link of Riverwalk Trail (Phase V – Riverwalk Trail)

This missing segment should be a high priority for public access improvements along the Puyallup River as it would sync together the two continuous segments that currently exist in the city.

B. EXISTING PUBLIC ACCESS FACILITIES


Many improved facilities exist within the shoreline environments of the Puyallup River and Clarks Creek which provide public access and recreational opportunities to the public. These are described in both the comprehensive plan and the Shoreline Characterization and Inventory Report. The following descriptions represent an inventory of current shoreline public access points and facilities:

Clarks Creek Upper

This 113 acres tract of state owned land is located entirely within the city and is located directly south and contiguous with Clarks Creek Park South. This land is owned and managed by the WDFW to protect the upstream watershed conditions – which provide critical spawning habitat for salmon – on Clarks Creek, given state fish hatchery inputs to this system at the Maplewood headwater facility. Portions of the hatchery are open to the public and it serves as an important educational resource for the Puyallup area with regard to conservation.

Figure 4-3. Clarks Creek Park (South) Public Access

In general, WDFW encourages public access to their lands to the extent that no resource degradation would occur as a result of such access. An unimproved dirt trail system connects the headwaters of Clarks Creek at Maplewood Springs (adjacent to the fish hatchery) to Clarks Creek / DeCoursey Parks and provides a light hiking experience through untouched old growth forest to users of this access facility.

Improvements to this trail system, including interpretive signs, wildlife viewing platforms, fencing, consistent trail grading and drainage improvements would provide additional accessibility to this trail for various users. It is not expected that this trail system be upgraded to be fully ADA accessible; this natural area is expected to remain in an


undeveloped state, with limited use relative to other shoreline access facilities, providing access to users able to traverse a more hiking-style of trail terrain.

Clarks Creek Park

This park is a 62.8 acre park site located along Clarks Creek. The park is divided into two areas: Clarks Creek north and south. The northern portion of the park is a major activity area and includes facilities for softball, children’s play equipment, tennis, picnicking, parking and restrooms. The southernmost portion of the park abuts the Clarks Creek upper area, owned by WDFW.

The majority of the southern park area functions as an important wildlife habitat and surrounds some active portions of the park which includes a fenced dog park area. It has areas of open water, wetlands, and typical northwest forestlands. Much of the natural riparian buffer areas along Clarks Creek are intact and serve as important habitat areas.

Shoreline access in both parks is facilitated by the extension of the trail system originating at Maplewood Springs. This trail provides some views of the stream, with locations that are close enough to touch and interact with the water itself. Kayaking and floating tubes downstream often originate in the Clarks Creek park area, although no formal launch facility is provided.

Improvements to this trail system, including interpretive signs, wildlife viewing platforms, view corridors and hand boat/kayak boat launch areas should be provided as access enhancements in this area.

DeCoursey Park

This is a 8.1-acre community park immediately north of Clarks Creek Park. Park facilities consist of a man-made pond with fishing piers, a restroom building, a picnic shelter, play equipment and a path system around the pond’s edge.

The man-made pond area has been a source of fecal bacteria inputs to Clarks Creek. Public access to the pond should be strategically limited to reduce incidents of duck feeding. Possible enhancements to the pond could include more native riparian plantings along the pond’s edge to channel public access to specified points. These points should be enhanced further with informational signage that seeks to limit duck feeding by the public. The city has been in discussions with key stakeholders at the WSU extension campus and the community at large on implementing this public access/environmental quality enhancement project.

A neighborhood interest group – “Friends of DeCoursey Park” – has conducted extension outreach regarding the feeding of ducks and other wildlife in the park, holding a contest for school kids to design ‘Don’t feed the ducks” signage, which is now permanently installed at various locations throughout the park. The Friends group also has conducted a number of pond edge restoration projects, utilizing soft-shore armoring techniques to establish new vegetation, thereby limiting duck access from the water landward.


Riverwalk Trail

The Riverwalk Trail is the planned and partially phased multi-use trail along the south bank of the Puyallup River. It originates from the city’s westerly limits and extends, generally, to its easterly limits. A key linkage is missing in the middle of the trail system, located between the trailhead point at the Milwaukee Bridge overpass (5th St NE) and the SR512 overpass trail head.

The trail will eventually serve as a key linkage to the existing Foothills Trail system. The vision for this connection would be to travel from Point Defiance Park in Tacoma to the eastern most extent of the county in Buckley. Once drafted and established, it is anticipated that this trail will be the ‘backbone’ to the City of Puyallup’s non-motorized Transportation Plan.

The Riverwalk Trail was originally proposed as a part of the 1987 SMP update. The original proposal set out a 4 phase implementation plan. The first Riverwalk phase was completed in 1998. This trail section stretches 2/3 of a mile from near 4th Street NW east to 5th Street NE. The trail passes beneath Meridian via its own pedestrian bridge.

For the most part, the trail sits on top of the Puyallup River levee along the river’s south bank. Future trail phases were built out from 1998 to the most recent extension in 2010. In some areas, the trail corridor widens, with trail rest stops that include benches, picnic tables and a lawn area. The trail provides access to the river for fishing. Some interpretive signage is also along sections of the trail; public art painted on large retaining walls serve to enhance public access.

No private development is oriented toward the trail; the 2011 River Road Corridor sub-area plan calls for specific development standards to be implemented that would require building entrance orientation toward the Riverwalk Trail. A Riverwalk trail design manual for the River Road mixed use district is also forthcoming.

Future improvements and enhancements should focus on connecting missing trail segments within the city, extending the trail to the west toward the edge of the city’s UGA at the Melroy bridge, extending the trail to the southeast to connect with the Foothills trail head, interpretive water quality/habitat covered shelter ‘stations’ (coordinated with WSU), public esplanade trail improvements in the area of River Road, additional scenic viewing points, viewing corridors, hand-boat launch points and public art amenities.

Puyallup Skate Park

The Puyallup skate park facility is located at the end of 4th Street NW in the River Road area. The facility was opened in 2001 and is a part of a larger Parks Maintenance Yard facility located along the same stretch of roadway. The Riverwalk trail provides access as does the 4th Street roadway, where some parking is available.

Some consideration should be made in eventually relocating the skate park facility as well as the Parks Maintenance yard to enhance the area as a pocket park with other amenities that serve water oriented recreational uses.


Riverfront Site

The 12.81-acre undeveloped riverfront site lies between the future Riverfront Trail, the Linden Golf Course and Riverside Village, a residential apartment complex off East Main Street. This parcel is the site of the old City landfill. This site has been identified as a candidate for a small community park along the Puyallup River, although there are no current plans to develop such a facility.

Principal concerns over development of the property as an active park are associated with the former landfill. This site is currently identified as a restoration opportunity area, with plans to potentially create a setback levee with off-channel habitat. Public access, unless overriding ecological impact concerns persist, should be incorporated into such habitat restoration areas.

Other access areas

A number of bridges cross over both the Puyallup River and Clarks Creek, providing unique publicly accessible overwater viewing points in the city’s shoreline planning areas.

Important viewing points along the Puyallup River include the Melroy Bridge at the edge of the city’s UGA, the Puyallup River bridge on Meridian and the East Main overpass on the eastern edge of town. Improvements to these access points should be made as these facilities are rebuilt. Such improvement should seek to improve the quality of the public access experience for non-motorized users and the educational amenities on the bridge. Extended view platforms with amenities like seating areas, covered observation points, educational signage and permanently installed telescopes should be incorporated in the rebuilding process. Public access should be provided in the form of multi-use lanes (with appropriate widths) to accommodate bicyclists and pedestrian travel alike.

Of particular interest are both the Melroy Bridge and the Meridian overpass, given their age and state of deterioration. The Meridian bridge – under replacement construction which began in 2014 – will provide an eight foot (8’) walkway along one side of the bridge deck for viewing. Bridge replacement projects should incorporate such pedestrian amenities described above and should, at a minimum, incorporate multi-use lanes on one side, with both sides of access for non-motorized travel being comfortably separated from vehicular traffic.

Other open space properties that are in or near the shoreline planning area include the Linden Golf and County Club. The Linden Golf and Country Club is adjacent to the south bank of the Puyallup River near the confluence with the White River. This property is considered open space and provides recreational uses but is privately owned and does not provide public access to the shoreline.


C. PUBLIC ACCESS, VIEWS, RECREATION AND AESTHETICS

1. Goal

To provide all available opportunities for physical and visual public access to the city’s shorelines to the maximum extent feasible. Public access should be provided when such access can be reasonably accommodated without human health, safety, and/or security risks, and without adverse effects on shoreline functions, processes, and private property rights. Public access improvements should follow, to the extent practicable, the priorities of the shoreline public access plan and should avoid access of fragmented or marginal utility. Furthermore, this plan seeks to encourage and promote quality design in new developments and modifications in shoreline areas. Uses and developments should complement and enhance rather than detract from the shorelines.

2. Policies

2.1. Public Access:

I. Establish a public access system that capitalizes on Puyallup’s unique and varied shorelines with a combination of vistas, view areas, view corridors, scenic drives, trails, hiking paths and bike paths that connect to and along the City’s shorelines to the maximum extent feasible

II. Public access improvements shall be made as prioritized in this chapter. The city shall strive to provide enhancements, connect missing access linkages (both within the community and connections to other access areas) and provide educational opportunities by seeking grants and stable funding sources to initiate a public access improvement program

III. Public access improvements should be established to provide recreational opportunities along the city’s shoreline areas

IV. Public access improvements should not result in adverse impacts to the natural character and quality of the shoreline and associated critical areas without restoration efforts in combination with the access improvements

V. Public access facilities shall utilize, to the maximum extent that is technically feasible, low impact development techniques and surfacing materials (e.g. pervious concrete/asphalt, pin pier diamond foundations for boardwalks)

VI. Recognizing that much of Puyallup’s existing and planned trails follow the shoreline or connect shoreline and upland areas, partner to develop and maintain trails oriented to the shorelines. Development of trails should be coordinated with habitat restoration efforts.

VII. Public access area and/or facility requirements should be commensurate with the scale and character of the development and should be reasonable, effective and fair to all affected parties including but not limited to the landowner and the public.


VIII. Design public access improvements and amenities (such as view points, trails, etc.) to provide for public safety, respect individual privacy, and avoid or minimize visual impacts from neighboring properties. There should be a physical separation (combination of fencing and vegetation) or other means of clearly delineating public and private space in order to avoid unnecessary user conflict.

IX. Public access facilities should provide auxiliary facilities, such as parking and sanitation facilities, when appropriate, and should be designed to be ADA accessible, where feasible.

X. Public views from the shoreline upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of existing native vegetation that partially impairs views.

XI. Incorporate signage and informational kiosks into public access locations, where appropriate, to enhance public education and appreciation of shoreline ecology and areas of historic or cultural significance.

XII. Incorporate public access into publicly funded restoration projects where significant ecological impacts can be avoided.

XIII. Opportunities for public access should be identified on publicly owned shorelines. Public access afforded by shoreline street-ends, public utilities and rights-of-way should be preserved, maintained and enhanced.

XIV. The Riverwalk Trail and, where applicable, the City’s currently adopted Parks Plan Update should be implemented to provide a continuous waterfront multi-purpose trail located along the Puyallup River. Once completed, the trail will be part of a larger regional trail system that links Tacoma to Buckley.

XV. Variety in non-motorized methods of travel is encouraged to and from shoreline areas and access points. These include trails, pathways or corridors for walking, and bicycling. Incorporate pedestrian walkways within developments that are outside of the shoreline planning area but provide important connections to the shoreline from adjacent rights of way.

XVI. Continue to provide, and expand wherever possible, public mural art installations along the Puyallup River to enhance the public access experience and reduce long, blank walls that can attract graffiti.

2.2. Recreation:

I. Public recreational facilities should be located, designed and operated in a manner consistent with the purpose of the environment designation in which they are located and in such manner that no net loss of shoreline ecological functions or ecosystem-wide processes results.

II. Shoreline recreational development should be given priority for shoreline location to the extent that the use facilitates the public’s ability 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. Where appropriate, such facilities should be dispersed along the shoreline in a manner that supports more frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of people.

III. Plan for a mix of both passive and active water oriented recreational uses that seek to enhance the shoreline access experience and improve public health through interconnected and varied recreational opportunities throughout the city’s shoreline planning areas.

IV. Locate water oriented recreational uses in the shoreline planning areas.

V. Locate, design, manage and maintain recreational uses and facilities in a manner that protects shoreline ecological functions and processes.

VI. Design and manage recreational facilities to best promote public health improvements through amenities which promote active movement and exercise opportunities to the public.

VII. Provide recreational opportunities which meet the diverse and varied needs and demands of various user groups within the city, with particular focus on making public access opportunities to the shoreline ADA accessible to the extent feasible and desirable.

VIII. Recognize that not all access opportunities are intended to be ADA accessible in all reaches and forms. Some access opportunities are intended to include hiking and nature trail observation, which are generally not always ADA accessible in design or intent.

IX. Acquire additional lands and existing recreational opportunities which enhance, connect or complete planned public access improvements.

X. Enhance recreational and active amenities along the city’s shoreline trail system using innovative outdoor fitness equipment which create varied exercise opportunities and distance checkpoints to improve public health opportunities.

XI. Ensure that sufficient recreational opportunities are available to serve future recreational needs as Puyallup grows and develops.

XII. Incorporate educational materials, including diverse and interactive signage and resources, that inform and educate the public regarding the use of shoreline recreational amenities (e.g. calories burned walking, biking, running distances of the trail).

XIII. Seek to partner with various public agencies, non-profits, advocacy organizations and private landowners and developers to diversify, increase and enhance public recreational opportunities and facilities along the city’s shorelines.

XIV. Recognize, protect and promote the interests of all people of the state by providing increased recreational opportunities within shorelines of statewide significance and associated Shoreland areas.


XV. Encourage and promote a mixture of public and private investment in recreational opportunities and facilities.

2.3. Views and Aesthetics:

I. Preserve and assure, to the greatest extent feasible, the public’s opportunity to enjoy the physical and aesthetic qualities of the city’s shorelines.

II. Identify and protect areas with scenic vistas and areas where the shoreline has high visual aesthetic value.

III. Minimize adverse impacts from new development on views from public property or views enjoyed by a substantial number of residents.

IV. Enhance public view opportunities that improve the public access experience.

V. Protect and enhance, to the greatest extent feasible, solar access to shoreline public access areas through creative positioning of site improvements and structures.

VI. The shoreline areas should be planned and designed to preserve and enhance environmental characteristics. Examples of appropriate considerations are:

a. Preservation of shoreline area views and view corridors from within and outside the development;

b. Preservation of existing vegetation to the extent that such vegetation contributes to overall visual quality, is unique or furnishes valuable wildlife habitat; and,

c. Revegetation that contributes to visual diversity, provides attractive transitions between developed and shoreline areas, enhances wildlife values or otherwise accomplishes the purposes of this policy.

d. Arrangement, modulation, scale and overall relationship of site buildings and elements should be designed to achieve a balance of open space and development while protecting solar enjoyment from permanent shadowing impacts

e. Street furniture such as signs, lighting, and benches, etc, when used, and site circulation patterns should complement and reinforce the unique nature of riparian corridors and shoreline areas.

f. Shoreline-view vantage points such as viewing decks, terrace gardens or view points should be considered for public use when public or commercial multi-story structures are proposed.

g. Exterior surface colors and materials that harmonize with shoreline area vegetation and exposed soil and/or rock, should be used. Suggested colors are shades of grey and brown of values between black and white or shades of grey-greens or brown-greens of values between black and medium.

h. River crossings and entrances to river crossings should emphasize the scenic qualities of the river and its value as a resource in the community.


3. Regulations

3.1. Public Access

I. Private pedestrian footbridges across Clarks Creek and the Puyallup River are prohibited. Public footbridges that would provide connections to existing public access or provide a critical future connection to planned public access improvements are allowed in accordance with the no net loss of ecological values or functions standard of Puyallup’s SMP and state SMA.

II. Public access provided by shoreline street ends, public utilities and rights-of way shall not be diminished pursuant to RCW 35.79.035, Limitations on Vacations of Streets Abutting Bodies of Water; and RCW 36.87.130, Vacation of Roads Abutting Bodies of Water Prohibited unless for Public Purposes or Industrial Use.

III. Except as provided in regulations 3.d. and 3.e. below, shoreline substantial developments or conditional uses shall provide public access where commensurate and proportional to the development impacts, when any of the following conditions are present:

a. Where a development or use will interfere with an existing public access, the development or use shall provide public access to mitigate this impact. Impacts to public access may include blocking access or discouraging use of existing on-site or nearby public access;

b. When a development is likely to increase the need for public access or would be a public benefit as a part of a development project;

c. As part of development for non-water-dependent uses (including water-enjoyment and water-related uses);

d. Where the development is proposed or funded by a public entity or on public lands, except where public access improvements would adversely affect publicly funded restoration actions;

e. Where planned for under the Shoreline Public Access Plan

IV. An applicant need not provide public access where the City determines that one or more of the following conditions apply.

a. Unavoidable health or safety hazards to the public exist which 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;

c. The cost of providing the access, easement or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development, as determined by the Administrator and City Attorney;


d. Significant adverse impacts to the natural character and quality of the shoreline and associated wetlands will result from the public access which cannot be mitigated; or

e. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated.

V. In order to meet any of the conditions listed (IV. (a)-(e)) above, the applicant must first demonstrate and the City determine in its findings that all reasonable alternatives have been exhausted, including but not limited to:

a. Regulating access by such means as maintaining a gate and/or limiting hours of use;

b. Designing separation of uses and activities (e.g. fences, terracing, use of one-way glazings, hedges, landscaping, etc.); and,

c. Developing provisions for access at a site geographically separated from the proposal such as a street end, vista or trail system.

VI. Where on-site access is determined to be infeasible per the conditions above, off-site enhancements to public access– commensurate and proportionate to the development – shall be required. Off-site enhancements shall utilize the planned public access map and consider priority improvements.

VII. Public access shall consist of a dedication of land or a physical improvement in the

form of a walkway, trail bikeway, corridor, viewpoint, park or other area serving as a means of view and/or physical approach to the shoreline and may include informational kiosks. Public access sites shall be connected directly to the nearest public street or public right-of-way and shall include improvements that conform to the requirements of the Americans with Disabilities Act (ADA).

VIII. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity.

IX. At a minimum, public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat, binding site plan or short plat as a condition running contemporaneous with the authorized land use. Said recording with the County Auditor's Office shall occur at the time of permit approval.

X. The standard city approved signs that indicate the public's right of access and hours of access shall be constructed, installed and maintained by the applicant in conspicuous locations at public access site.


3.2. View and Aesthetics:

I. Design of structures and improvements shall identify key view corridors and points of visual enjoyment and make measures in the design of the site to protect and enhance those resources.

II. Design of structures shall meet or exceed the design intent and requirements of the Puyallup Municipal Code, where applicable

III. In review of proposed development in the shoreline, whether such development requires a shoreline substantial development permit or statement of exemption, the Administrator shall review the proposal for compliance with the policies of this section and may establish conditions for approval.

IV. As required by RCW 90.58.320, no permit shall be issued for any new or expanded building or structure more than thirty-five feet in height that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. Height is measured according to Chapter 2, Definitions.

3.3. Recreational Development

I. Recreation development is allowed in all the shoreline environments as a permitted use. In the Natural environment such development shall only be low-intensity and in support of public access or scientific, educational or public service needs.

II. Recreational activities and facilities located within shoreline jurisdiction must bear a substantial relationship to the shoreline, or provide physical or visual access to the shoreline. Facilities for water-dependent recreation such as fishing, swimming, boating, and wading, and water-related recreation such as picnicking, hiking, and walking shall be located near the shoreline, while non water-related recreation facilities shall be setback from the ordinary high water mark (OHWM) as set forth in the city’s Critical Areas Ordinance (PMC 21.06).

III. Paved trails shall be located on the outer fifty percent (50 %) of the riparian buffer, except for limited viewing platforms and crossings or where alignment with an existing trail segment within the inner 50% exists. Replacement of an existing access system or locating new public access trails within the inner 50% shall only be allowed through a shoreline conditional use permit. Impacts to existing riparian functions and values shall be mitigated in accordance with PMC 21.06.1080, 21.06.610 and 21.06.620.

IV. Accessory development that does not require a shoreline location shall be located upland of the water-oriented portions of the development and setback from the ordinary high water mark (OHWM) in accordance with the PMC 21.06 – Critical Areas. For the purposes of this subsection, accessory development may include, but is not necessarily limited to the following: parking; restrooms; recreation halls and gymnasiums. These areas shall be linked to the shoreline by walkways.


V. The removal of on-site native vegetation shall be limited to the minimum necessary for the development of picnic areas, selected views or other permitted structures or facilities.

VI. Signs indicating the publics' right of access to shoreline areas shall be installed and maintained in conspicuous locations at recreational facility points of access and entrances.

VII. All new recreational development proposals will be reviewed by the City for ecological restoration and public access opportunities. When restoration and/or public access plans indicate opportunities exist, the City may require that those opportunities are either implemented as part of the development project or that the project design be altered so that those opportunities are not diminished.

Figure 4.05. Public Access Plan Map



CHAPTER 5 GENERAL GOALS, POLICIES AND REGULATIONS

This chapter describes the overall goals, policies and regulations of the Master Program that apply to all uses and developments in the shoreline jurisdiction, regardless of the designated shoreline environment in which they occur. The purpose, intent, and governing principles of the state shoreline guidelines (WAC 173-26), as described in Chapter 1, provide the foundation for development of the shoreline goal statements. The policies and regulations are the means by which these goals are implemented. Policies and regulations that address specific shoreline uses and activities (e.g., agriculture, residential development, etc.) and specific shoreline modifications (e.g., dredging, landfill and excavation, etc.) are in Chapter 7.

A. SHORELINE USE

1. Goal

i. To ensure healthy, orderly growth by allowing development and/or redevelopment activities which will be an asset to the community and local economy; which will result in no net loss of shoreline ecological functions; and will maintain or improve the health, safety and welfare of the public.

2. Policies

i. Preferred uses are those that are water-oriented, single family residential (where allowed by underlying zoning and comprehensive plan land use designation), enhance public access to the shoreline, or include elements of shoreline restoration.

ii. Development in shorelines should reflect in both site configuration and structural design acknowledgement of the water’s proximity and its value as an ecological and scenic resource.

iii. Encourage uses that allow for or incorporate restoration of shoreline areas that have been degraded as a result of past activities or events.

3. Regulations

I. Shoreline use regulations for specific uses and associated shoreline modifications (e.g., agriculture, commercial, residential, recreational development, dredging, flood control, etc.) are in Chapter 7, Shoreline Use and Modification Policies and Regulations.

B. HISTORIC, CULTURAL, SCIENTIFIC AND EDUCATIONAL RESOURCES

1. Goal i. To prevent the destruction, damage, or inappropriate alteration to any cultural and

historic resources including a site, building, district, structure or object having historical, cultural, scientific, or educational value as identified by the appropriate authorities, including affected Indian tribes, and the Department of Archaeology and Historic Preservation.


2. Policies

i. Work with tribal, federal, state, and local governments as appropriate to maintain an inventory of all known historic, cultural, and archaeological resources. As appropriate, these resources should be protected, preserved, and/or restored for study and/or public education. The location of sensitive historic, cultural and/or archaeological sites should not be disclosed to the general public, consistent with applicable state and federal laws.

ii. Development on sites having historic, cultural, or archaeological resources should be planned and carried out so as to avoid or minimize impacts to the resource.

3. Regulations

i. Cultural, archaeological and historic resources shall be permanently preserved in situ or recovered for scientific study, education and public observation.

ii. Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties known to contain an historic, cultural or archaeological resource(s), the City shall require a site inspection, evaluation, and written report by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of cultural, historic or archaeological resource(s). The professional should meet qualification standards for cultural resource management professionals promulgated by the National Park Service, published in 36 CFR Part 61. If it is determined that a site has a significant resource(s), shoreline permits or a statement of exemption shall not be issued until protection or mitigation is developed to the satisfaction of both DAHP and affected tribes. The City may require that development be postponed to allow for:

a. Coordination with potentially affected tribes and/or the Department of Archaeology and Historic Preservation; and/or

b. Investigation of potential to provide public access and educational opportunities; and/or

c. Retrieval and preservation of significant artifacts.

iii. All shoreline permits and statements of exemption shall contain provisions which require developers to immediately stop work and notify the City, the State Department of Archaeology and Historic Preservation (DAHP), the Puyallup Tribe of Indians, and the Muckleshoot Indian Tribe if any artifacts of possible historic, cultural, or archaeological value are uncovered during excavations. In such cases, the developer shall be required to provide for a site inspection and evaluation by a professional archaeologist or historic preservation professional, as applicable, in coordination with the state and/or affected tribes. Mitigation for an application affecting a historic site may involve additional or alternative measures that are site and project specific, as required by DAHP and/or affected Tribal Governments.


C. ECOLOGICAL PROTECTION AND CRITICAL AREAS

1. Goals

i. To protect shoreline ecological functions through effective stewardship and management of shoreline uses and development.

ii. To protect critical areas in the shoreline (e.g., wetlands and fish and wildlife habitats) for their ecological functions and values, as well as their aesthetic, scenic, and educational qualities.

2. Policies

i. All shoreline use and development should be carried out in a manner that avoids and minimizes adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means assuring no net loss of ecological functions and processes and protecting critical areas designated in Puyallup Municipal Code (PMC) Chapter 21.06 that are located in the shoreline. Shoreline ecological functions that should be protected include hydrology, water quality, riparian habitat, and in-stream habitat functions. Shoreline processes that should be protected include surface and groundwater flow; sediment delivery; water quality; and organics delivery.

ii. Preserve, protect, and/or restore wetlands within and associated with the City’s shorelines to achieve no net loss of wetland area and wetland functions.

iii. In assessing the potential for net loss of ecological functions and processes, project- specific and cumulative impacts should be considered.

iv. Allow activities in critical areas that protect and, where possible, restore the ecological functions and ecosystem-wide processes of the City’s shorelines.

v. Establish a public outreach and education program for property owners adjacent to the shoreline that promotes shoreline-friendly practices.

3. Regulations

i. All shoreline development and uses shall be located, designed, constructed and maintained in a manner that results in no net loss of shoreline ecological processes and functions to the greatest extent feasible. Unavoidable impacts to shoreline ecological functions and processes shall be mitigated according to the provisions of this section to ensure no net loss of ecological functions.

ii. Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority.

a. Avoiding the impact altogether by not taking a certain action or parts of an action;

b. Minimizing 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;


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; and

f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.

iii. In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable.

iv. Required mitigation shall not be in excess of that necessary to assure that development will result in no net loss of shoreline ecological functions.

v. Mitigation actions shall not have a significant adverse impact on other shoreline ecological functions and shall cause no net loss of ecological functions overall.

vi. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation within the watershed that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans applicable to the area of impact may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms or conditions as necessary to ensure no net loss of ecological functions.

vii. Buffer widths for wetlands shall follow the standards of PMC 21.06.930.

viii. Buffer widths for stream areas shall be established as follows:

a. Stream buffer widths shall be regulated by PMC 21.06.1050. The buffer area shall be provided for all uses and activities adjacent to a stream to protect the integrity and function of the stream. Per PMC 21.06.210 (111), riparian buffer areas include those buffer areas severely altered, degraded or damaged due to human development activities.

b. After mitigation sequencing has been applied and avoidance of disturbance is minimized to the maximum extent practicable, a stream buffer may be reduced to accommodate a water-dependent use. Mitigation proposals shall follow the standards of PMC 21.06.1080, 21.06.610 and 21.06.620.

c. Except as allowed by (d) and (e) below, water-enjoyment, water-related and non-water oriented uses shall not reduce riparian buffer area vegetation, encroach further into a riparian buffer area or impact ecological


functions/critical areas unless no other feasible alternative exists to locate outside these areas. Impacts may only be allowed through a shoreline variance permit process. See Chapter 7, Residential Uses, for options for single family residential use expansions in riparian buffer areas. The developed envelope shall be located outside of the prescribed buffer area to the maximum extent feasible. Mitigation shall be provided in accordance with PMC 21.06.1080, 21.06.610 and 21.06.620.

d. Areas within the prescribed buffer area for the adjacent stream which do not contain functioning riparian habitat and that do not include any other critical areas (e.g. previously developed sites within buffer area, upland area separated by road/levee, etc) may be developed by water-enjoyment and water-related uses in a manner that is consistent with the control of pollution and prevention of damage to the shoreline environment.

e. Improvements for shoreline public access – as a stand alone use – should be located only in the outer 50% of the riparian buffer area. Exceptions may be made for shoreline recreational uses – such as beaches or viewing platforms – to encroach further into the buffer area. Replacement of an existing access system or locating new public access trails within the inner 50% shall only be allowed through a shoreline conditional use permit. Impacts to existing riparian functions and values shall be mitigated in accordance with PMC 21.06.1080, 21.06.610 and 21.06.620.

f. Non water-oriented uses may only locate within the city’s shoreline planning area if mitigation plantings are provided in the adjacent or nearest riparian buffer area (if no riparian area is available on site).

x. Any application to develop within the regulatory floodplain of the City’s shoreline jurisdiction shall be accompanied by a biological assessment of the impact of the project on federal, state or locally protected species and habitat, water quality and aquatic/riparian habitat. The assessment shall be:

i. A biological assessment or evaluation developed by a qualified wildlife biologist with experience and background in ESA listed fish and terrestrial animals

ii. Prepared in accordance with all federal rules included in the Endangered Species Act, the city’s critical areas ordinance and with the Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA region X, 2010. Such a report shall specifically address the potential impacts on:

a. Species that are federal, state or locally listed as threatened or endangered;

b. The primary constituent elements for critical habitat, when designated;

c. Essential fish habitat designated by the National Marine Fisheries Service;

d. Fish and wildlife habitat conservation areas; and,

e. Other protected areas and elements necessary for species conservation


iii. Impacts to critical area habitat shall be in accordance with PMC 21.06.1080, 21.06.610 and 21.06.620.

xi. Subject to the exceptions listed below in this section of the SMP, the Critical Areas provisions of the Puyallup Municipal Code (PMC Chapter 21.06) are herein incorporated and shall apply to any use, alteration, or development where designated critical areas are physically located within the shoreline jurisdiction, whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with PMC 21.06 and this Program, except that water-oriented uses and development that enhances public access to shorelines shall be allowed in accordance with applicable Program policies and regulations. Designated critical areas that may be located in the shoreline include wetlands, fish and wildlife habitat areas, critical aquifer recharge areas, geologically hazardous areas and frequently flooded areas. Any conflicts between the referenced ordinances and the SMP are resolved in favor of the regulation that is most protective of shoreline ecological functions. The following are exceptions to the city’s critical areas ordinance when located in the shoreline jurisdiction(s) of the City of Puyallup:

a. The provisions of Puyallup Critical Areas regulations do not extend shoreline jurisdiction beyond the limits specified in this SMP. For regulations addressing critical areas that are outside shoreline jurisdiction, see Puyallup Critical Areas regulations (PMC 21.06).

b. When definitions per PMC 21.06.210 conflict with SMP definitions per Chapter 2, SMP definitions shall apply.

c. Activities that are exempt from the provisions of Puyallup’s Critical Areas per PMC 21.06.410 shall be governed by this Program.

d. In the event an applicant requests to adjust standards and provisions for designated critical areas per the Reasonable Use Exception provisions of the PMC 21.06.430, such application shall be processed as a Shoreline Variance Permit, per the provisions of this Program and WAC 173-27, Shoreline Management Permit and Enforcement Procedures.

e. PMC 21.06.960 sub-section 2 and 3 shall not apply, in that a net loss of wetland function or area in the shoreline jurisdiction is prohibited.

f. PMC 21.06.440, pertaining to exceptions for minor new development in buffers, shall not apply as the development will either be considered nonconforming and should be addressed as such, or in other circumstances shall require a variance. In all cases, no net loss of shoreline ecological functions should the goal.

g. PMC 21.06.910(4), pertaining to exemptions for wetlands associated with a shoreline of the state, shall not apply. A wetland’s association with a riparian corridor is not equivalent to association with a shoreline of the state. Wetlands


associated with a shoreline of the state are those that are included within the 100 year floodplain of the shoreline waterbody.

h. PMC 21.06.1050 (3) pertaining to averaging of stream buffers shall not apply as a net loss of stream buffer area in the shoreline jurisdiction is prohibited.

i. PMC Article VII Enforcement shall be applied in addition to the provisions of the WAC 173-27 Part II, Shoreline Management Act Enforcement.

xii. Buildings, fencing, walls, hedges and similar features shall be designed, located, and constructed in a manner that does not preclude or significantly interfere with wildlife movement to/from habitat areas consistent with the applicable provisions of PMC 21.06, provided that the Administrator may exempt security fencing associated with residential, industrial and/or commercial developments from this requirement on a case-by-case basis.

D. FLOOD HAZARD REDUCTION

1. Goal i. To reduce flood damage or hazards to shoreline uses and developments as well as

limit shoreline modifications that may increase flood hazards.

2. Policies i. Ensure that new development in areas prone to periodic flooding complies with the

Flood Damage Protection standards, Puyallup Municipal Code Title 21.07, in an effort to minimize health hazards and property damage due to flooding.

ii. Assure that flood hazard protection measures result in no net loss of ecological

functions.

3. Regulations i. All shoreline development shall comply with Puyallup Municipal Code, Title 21.07

Flood Damage Protection. ii. All shoreline development in floodplains connected to Clarks Creek or the Puyallup

River shall protect hydrologic connections between water bodies, water courses, and associated wetlands to the extent feasible.

iii. Removal of gravel for flood control shall be consistent with 7(h) – Filling, Grading

and Excavation and 7(e) – Dredging and Dredge Material Disposal.

E. VEGETATION CONSERVATION

1. Goals

I. To protect and restore the ecological functions and ecosystem-wide processes provided by vegetation along shorelines.


2. Policies

i. Where new developments and/or uses are proposed, native shoreline vegetation should be conserved consistent with the city’s Vegetation Management Standards manual, PMC 21.06.930 and 21.06.1050 to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative impacts of shoreline development, wherever feasible. Regulation of microclimate in the stream-riparian and intertidal corridors; and

ii. Limit removal of native vegetation on development sites within the city’s shoreline planning areas and establish landscape regulations that reflect low impact storm water management techniques.

iii. Recognize that aquatic weed management requires preventative measures, such as added riparian canopy cover over stream to prevent growth through solar access, in addition to mechanical cutting. Where active removal or destruction is necessary, it should be the minimum to allow water dependent activities to continue, minimize negative impacts to native plant communities, and include appropriate handling or disposal of weed materials.

iv. Prohibit clearing, grading, or vegetation removal within the shoreline jurisdiction when not related to a use permitted under the provisions of this Master Program.

v. Limit alteration of the natural landscape within the shoreline jurisdiction to the

minimum necessary to accommodate the shoreline development or to remove invasive vegetation.

vi. Restrict clearing and grading within shoreline jurisdiction in order to maintain

shoreline functions.

vii. Permit clearing activities associated with levee maintenance as necessary to provide protection from flood hazards.

3. Regulations

i. Clearing, grading, or vegetation removal within the required shoreline environment is prohibited unless associated with a use permitted under the provisions of this master program or considered exempt under WAC 173-27-040.

ii. During construction, shoreline vegetation shall be protected by placement of a temporary barricade/fencing at the edge of existing vegetation to be retained and implementation of appropriate erosion and sedimentation controls. All uses and developments permitted under this master program shall observe all applicable critical area buffers/existing shoreline vegetation to the maximum extent possible


and shall establish 65% native vegetation landscaping coverage between permitted uses/structures and the OHWM to the extent feasible.

iii. Invasive and/or noxious plant species within the shoreline jurisdiction may be removed using minimally invasive processes, such as hand clearing. Cleared areas should be replanted with native vegetation to prevent erosion and suppress re-growth of invasive plants.

iv. Selective pruning of tree limbs for view protection is allowed in accordance with ANSI A300 standards and city approval. Removal of hazard trees is allowed in accordance with PMC 21.06.410 (1)(e) and/or all standards contained in the city’s Vegetation Management Standards (VMS) manual.

v. Removal of noxious weeds and/or invasive species shall be incorporated in vegetation management plans, as necessary, to facilitate establishment of a stable community of native plants.

vi. Aquatic weed control shall only occur when native plant communities and associated habitats are threatened or where excessive weed growth creates a flood hazard by restricting flow. All aquatic weed control activities shall conform to the requirements of applicable state rules and regulations and should generally be accompanied by native riparian plantings to help mitigate the problem long term.

vii. In accordance with RCW 77.55 and WAC 220-110-150, natural instream features such as snags, uprooted/felled trees, or stumps shall be left in place unless it can be demonstrated that they threaten personal safety, critical infrastructure, or create flood hazard for downstream properties. In such cases where debris poses a threat, it should be dislodged and repositioned to assure safety to adjacent or downstream structures/life, but shall not be removed from the river or stream unless authorized by Washington Department of Fish and Wildlife (WDFW). Restoration projects should seek to include placement of large woody debris along banks and in-stream to provide habitat complexity and structure.

F. WATER QUALITY AND QUANTITY

1. Goal

i. To treat and infiltrate all storm water runoff in shoreline planning areas within the city using best management practices. To maintain or enhance the quantity and quality of surface and ground water over the long term by effectively managing the location, construction, operation, and maintenance of all shoreline uses and developments.

2. Policies

I. The City should manage stormwater through the City’s Comprehensive Plan, Storm


Drainage and Basin Modeling plan and storm water management regulations.

3. Regulations

i. All shoreline development shall comply with Puyallup Municipal Code, regulations related to water quality, including but not limited to relevant sections of title 21.


CHAPTER 6 SHORELINE JURISDICTION AND ENVIRONMENT DESIGNATIONS

A. DESIGNATION OF SHORELINES OF STATEWIDE SIGNIFICANCE

In accordance with the criteria of RCW 90.58.030(2)(e), Definitions and Concepts, the legislature designated specific shorelines of the state, including the shorelands and associated wetlands as therein defined, as having statewide significance. This includes all portions of the Puyallup River and associated shorelands within the City of Puyallup. Clarks Creek does not meet the criteria of RCW 90.58.030(2)(e) for designation as a shoreline of statewide significance.

B. ADOPTION OF POLICY

In accordance with RCW 90.58.020, Legislative Findings, the following management and administrative policies are hereby adopted for shorelines of statewide significance in Puyallup as defined in RCW 90.58.030(2)(e), Definitions and Concepts and identified in WAC 173-18-310, Pierce County. Consistent with the policy contained in RCW 90.58.020, preference shall be given to the uses that are consistent with the statewide interest in such shorelines. These are uses that:

1. Recognize and protect the statewide interest over local interest.

2. Preserve the natural character of the shoreline.

3. Result in long term over short term benefit.

4. Protect the resources and ecology of the shoreline.

5. Increase public access to publicly owned areas of the shoreline.

6. Increase recreational opportunities for the public in the shoreline.

7. Provide for any other element as defined in RCW 90.58.100, Programs as Constituting Use Regulations, deemed appropriate or necessary.

Uses that are not consistent with these policies should not be permitted on shorelines of statewide significance.

C. POLICIES FOR SHORELINES OF STATEWIDE SIGNIFICANCE

The statewide interest should be recognized and protected over the local interest in shorelines of statewide significance. The Act states that local master programs addressing shorelines of statewide significance shall provide “the optimum implementation of the policy of this chapter to satisfy the statewide interest” (RCW 90.58.090(5), Approval of Master Program or Segments or Amendments). To ensure that statewide interests are protected over local interests, the City shall review all development proposals within shorelines of statewide significance for consistency with RCW 90.58.020, Legislative findings, and the following policies:


1. Consult with and consider recommendations from applicable state agencies, affected tribes, and statewide interest groups for specific development proposals and proposed amendments to the Master Program that have the potential to affect statewide or regional resources, such as anadromous fisheries.

2. Redevelopment of shorelines should be encouraged where it restores or enhances shoreline ecological functions and processes impaired by prior development activities.

3. The range of options for shoreline use and public access should be preserved to the maximum possible extent for succeeding generations. Development that consumes valuable, scarce or irreplaceable natural resources should not be permitted if alternative sites are available.

4. Potential short term economic gains or convenience should be measured against potential long term impairment of natural shoreline ecological functions.

5. Protection or enhancement of aesthetic values should be actively promoted in design review of new or expanding development.

6. Public and private developments should be encouraged to provide trails, viewpoints, water access points and shoreline related recreation opportunities whenever possible. Such development is recognized as a high priority use.

D. SHORELINE JURISDICTION

The provisions of this Program shall apply to all shorelines of the state and shorelines of statewide significance in the city of Puyallup, including all shorelands as defined in Chapter 2 and herein referred to as “shorelines.” This includes the Puyallup River and Clarks Creek downstream of Maplewood Springs in the city of Puyallup. The location and extent of such shorelines are based on the following criteria and are shown on the Official Shoreline Map appended to this document (Figure 6-1):

1. All rivers and streams and their associated wetlands downstream from a point where the mean annual flow is 20 cubic feet per second or greater.

2. Shorelands and associated uplands extending 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with their streams, lakes, and tidal waters subject to the provisions of the Shoreline Management Act (Chapter 90.58 RCW).

E. OFFICIAL SHORELINE MAP

1. Shoreline Environment Designations. A set of designations for shorelines called Shoreline Environments have been developed as a part of this Program and are delineated on a map, hereby incorporated as a part of this Program (Figure 6-1) that shall be known as the Official Shoreline Map. The purpose of the Environment Designations is to provide a systematic, rational, and equitable basis upon which to guide and regulate development within specific shoreline areas. These designations apply to areas of the shoreline that have similar ecological conditions and similar land


uses or potential development patterns. Shoreline Environment Designations have been determined after consideration of:

a. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration as determined by the 2007 Shoreline Inventory and Characterization Report and any subsequent investigations or analyses as may be required by this program;

b. The City’s goal of having coordinated planning for open space, public access and other aspects of shoreline management, and

c. Existing development patterns together with the Puyallup Comprehensive Plan designations and other officially adopted plans; and

d. The requirements outlined in WAC 173-26-211, Environment Designation System.

The City may, from time to time as new or improved information becomes available, modify the Official Shoreline Map consistent with state guidelines to more accurately represent, clarify, or interpret the true limits of the shorelines defined herein.

Areas found to be within shoreline jurisdiction that are not mapped and/or designated are automatically assigned the “Urban Conservancy” designation until re-designated through a master program amendment process.

2. Shoreline Jurisdictional Limits. The purpose of the Official Shoreline Map is to identify shoreline environment designations. The Official Shoreline Map does not necessarily identify or depict the lateral extent of shoreline jurisdiction or all associated wetlands. The lateral extent of the shoreline jurisdiction shall be determined on a case by case basis based on the location of the Ordinary High Water Mark, floodway, and the presence of associated wetlands. If disagreement develops as to the exact location of a Shoreline Environment Designation boundary line, the Administrator shall interpret the boundaries and the following rules shall apply:

a. Boundaries indicated as approximately following lot, tract, or section lines shall be so construed.

b. Boundaries indicated as approximately following roads, railways, or waterbodies shall be construed to follow their centerlines.

c. Boundaries indicated as approximately parallel to or extensions of features indicated in (a) or (b) above shall be so construed.

d. Whenever existing physical features are inconsistent with boundaries on the Official Shoreline Map, the Administrator shall interpret the boundaries.

3. Confluence of Clarks Creek and Puyallup River. For the purposes of determining the applicable shoreline environment at the confluence of Clarks Creek and Puyallup River, it is hereby established that the Puyallup River Urban Conservancy shall apply to all shoreline areas within 200’ of the OHWM of the Puyallup River at this point of intersection and overlap.


4. Environmental designations in areas waterward of OHWM. This Master Program does not include Aquatic environmental designations for areas waterward of the OHWM. The landward environmental designation therefore extends into areas waterward of the OHWM. In the event that the environmental designations on opposite landward areas are differing, the environmental designations shall apply to the mid-way point of the stream at the time of OHWM determination by the applicant (ex. The applicant shall determine the OHWM on each side of the stream body, measure the waterward width between those opposing OHWM locations and split the environment designation at the centerline of the stream).

F. PUYALLUP RIVER URBAN CONSERVANCY

1. Purpose. The purpose of the Puyallup River Urban Conservancy designation is to protect and restore ecological functions of open space, flood plain and other sensitive lands along the Puyallup River where they exist in urban and developed settings. This designation should allow a variety of compatible urban uses, including appropriate flood hazard prevention measures, public access and recreational uses.

2. Designation Criteria. Assign the Puyallup River Urban Conservancy designation to shoreline areas of the Puyallup River having both designated critical areas and existing or planned urban development that is compatible with maintaining or restoring ecological functions. This designation should be applied to shoreline areas in city limits or in designated urban growth areas if any of the following characteristics apply:

a. They are not generally suitable for high-intensity water-dependent uses, but are suitable for water-related or water-enjoyment uses;

b. They are open space, flood plain or other sensitive areas that should not be more intensively developed;

c. They have potential for ecological restoration;

d. They retain important ecological functions, even though partially developed; or

e. They have the potential for development that is compatible with ecological restoration.

3. Shorelines Designated. Based on the criteria above, the Puyallup River shoreline is designated Puyallup River Urban Conservancy, as shown on the Official Shoreline Map and described herein:

a. All Puyallup River shorelines (both banks) in the city of Puyallup; and,

b. All Puyallup River shorelines (both banks) in designated Urban Growth Areas (UGA) of the city shall be designated Puyallup River Urban Conservancy at the time of annexation.


4. Management Policies. In addition to the other applicable policies and regulations of this Program the following management policies shall apply:

a. Manage designated critical areas along the Puyallup River shoreline, including fish and wildlife habitat areas, wetlands, and frequently flooded areas to protect or restore ecological functions provided by such areas.

b. Utilize buffers, setbacks, water quality measures, and vegetation conservation or enhancement measures to regulate and inform the design of proposed development along the Puyallup River shoreline.

c. Allow a variety of urban uses as established by the Comprehensive Plan and zoning code, where the development of such uses is done in a manner that protects or enhances ecological functions and/or public access.

d. Prioritize uses and development that are water-oriented or incorporate public access, recreation, or shoreline restoration elements.

e. Work cooperatively with Pierce County, neighboring cities, tribes, and state natural resource agencies in development of flood control and/or habitat restoration along the Puyallup River.

5. Allowed Uses. The following uses and development may be permitted subject to the applicable policies, regulations, and permitting procedures of this Program and the underlying zoning code requirements:

a. Agriculture (Allowed only where permitted by the underlying zoning designation of “agriculture, recreation and open space” (ARO)).

a. Non-motorized boating facilities and docks* (*see “Boating facilities and Docks”, 7-7 for conditionally permitted boating facilities and docks)

b. Commercial and industrial development

c. Flood control works

d. In-stream structures

e. Parking facilities when associated with an allowed use

f. Recreational development

g. Residential development* (*Allowed only when the use is permitted by the underlying land use and zoning designation

h. Restoration actions

i. Shoreline stabilization when associated with an allowed use

j. Signs

k. Transportation facilities

l. Utility development n. Filling, Grading and Excavation


o. Aquatic weed management

6. Conditional Uses. The following uses and development may be permitted as conditional uses subject to the applicable policies, regulations, and permitting procedures of this Program and the underlying zoning code requirements:

a. Freshwater aquaculture facilities (hatcheries or hatchery related facilities)

b. Boating facilities and docks* (*see “Boating facilities and Docks”, 7-7 for conditionally permitted boating facilities and docks)

c. Dredging and dredge material disposal

d. Unclassified uses

7. Prohibited Uses. The following uses and developments are prohibited:

a. Motorized boating

b. Forest practices

c. Mining

d. Parking facilities as a primary use

G. CLARKS CREEK URBAN CONSERVANCY

1. Purpose. The purpose of the Clarks Creek Urban Conservancy designation is to protect and restore ecological functions of open space, flood plain and other sensitive lands along Clarks Creek where they exist in urban and developed settings. This designation should allow a variety of compatible urban uses, including residential, public access, and recreational uses and appropriate flood hazard prevention measures.

2. Designation Criteria. Assign the Clarks Creek Urban Conservancy designation to shoreline areas of Clarks Creek having both designated critical areas and existing or planned urban development that is compatible with maintaining or restoring ecological functions. This designation should be applied to shoreline areas in city limits or in designated urban growth areas if any of the following characteristics apply:

a. They are not generally suitable for high-intensity water-dependent uses, but are suitable for water-related or water-enjoyment uses;

b. They are open space, flood plain or other sensitive areas that should not be more intensively developed;

c. They have potential for ecological restoration;

d. They retain important ecological functions, even though partially developed; or

e. They have the potential for development that is compatible with ecological restoration.


3. Shorelines Designated. Portions of Clarks Creek are designated Clarks Creek Urban Conservancy, as shown on the Official Shoreline Map and described herein:

a. The left bank (facing downstream) from 12th Avenue SW downstream to the confluence with the Puyallup River; and

b. The right bank (facing downstream) from 15th Avenue SW downstream to the confluence with the Puyallup River.

c. For the purposes of determining the applicable shoreline environment at the confluence of Clarks Creek and Puyallup River, it is hereby established that the Puyallup River Urban Conservancy shall apply to all shoreline areas within 200’ of the OHWM of the Puyallup River at this point of intersection and overlap.

4. Management Policies. The following management policies shall apply in addition to the other applicable policies and regulations of this Program:

a. Manage designated critical areas along the Clarks Creek shoreline, including fish and wildlife habitat areas, wetlands, and frequently flooded areas to protect or restore ecological functions provided by such areas.

b. Utilize buffers, setbacks, water quality measures, and vegetation conservation or enhancement measures to regulate and inform the design of proposed development along the Clarks Creek shoreline.

c. Allow a variety of low intensity urban uses as established by the Comprehensive Plan and zoning code, such as residential, recreational, and public facility uses, where the development of such uses is done in a manner that protects or enhances ecological functions and/or public access.

d. Prioritize uses and development that are water-oriented or incorporate public access, recreation, or shoreline restoration elements.

e. Evaluate development proposals on Clarks Creek for their potential to affect downstream properties by increasing flood hazards or degrading water quality.

f. Work cooperatively with Pierce County, tribes, and state natural resource agencies in development of habitat restoration along Clarks Creek.


a. Aquaculture facilities (hatcheries or hatchery related facilities, including in-stream structures)

b. Non-motorized boating facilities and docks* (*see “Boating facilities and Docks”, 7-7 for conditionally permitted boating facilities and docks)

c. Flood control works


d. In-stream structures when associated with a watershed restoration project or a water dependent use, including but not limited to fish hatcheries and public drinking water supply facilities

e. Parking facilities when associated with an allowed use

f. Recreational development

g. Residential development

h. Restoration actions

i. Shoreline stabilization

j. Signs

k. Transportation facilities

l. Utility development n. Filling, Grading and Excavation o. Aquatic weed management


a. Dredging and dredge material disposal

b. Boating facilities and docks* (*see “Boating facilities and Docks”, 7-7 for conditionally permitted boating facilities and docks)


a. Boating, motorized

b. Forest practices

c. Mining

d. Parking facilities as a primary use

e. Commercial and industrial development


H. NATURAL

1. Purpose. The purpose of the Natural designation is to protect those shoreline areas that are relatively free of human influence and/ or that include intact or minimally degraded shoreline functions and processes. Structural development in the Natural Environment is strictly limited and in some cases prohibited outright.

2. Designation Criteria. Assign a Natural designation to shoreline areas if any of the following characteristics apply:

a. The shoreline is ecologically intact and therefore currently performing an important or irreplaceable function or ecosystem-wide process that would be damaged by human activity;

b. The shoreline whether disturbed or intact represents a type of ecosystem or geologic feature that is of particular scientific and/or educational interest;

c. The shoreline contains largely undisturbed wetlands;

d. The shoreline is unable to support new uses or development without significant adverse impacts to ecological functions or processes;

e. The shoreline has the potential to return to near natural conditions with minimal or restoration activity;

f. The shoreline possesses serious development limitations or human health and safety risks due to the presence of environmental hazards related to flooding, channel migration, erosion or landslides and similar occurrences.

3. Shorelines Designated. Portions of Clarks Creek are designated Natural, as shown on the Official Shoreline Map and described herein:

a. The left bank (facing downstream) from the upper limits of shoreline jurisdiction near Maplewood Springs downstream to 12th Avenue SW; and

b. The right bank (facing downstream) from the upper limits of shoreline jurisdiction near Maplewood Springs downstream to 15th Avenue SW.

c. The Natural designation on Clarks Creek begins at the Maplewood Springs facility.

4. Management Policies. The following management policies shall apply in addition to the other applicable policies and regulations of this Program:

a. Manage designated critical areas along the Clarks Creek shoreline, including fish and wildlife habitat areas, wetlands, and frequently flooded areas to protect or restore ecological functions provided by such areas.

b. Restrict the intensities and types of uses to protect the integrity of the shoreline environment so that valuable ecological functions are preserved and natural features or resources are allowed to change and evolve through natural processes.


c. Allow low-intensity water-oriented recreational, public access, or educational/research uses provided they do not require significant vegetation removal or otherwise cause significant ecological impacts.

d. Prohibit subdivision of land or adjustment of lot boundaries except when needed to create public access to the shoreline where such access would not require extensive vegetation removal, shoreline modification, or other ecological impacts.

e. Prohibit roads and/or parking areas that can be located outside the shoreline jurisdiction.

f. Limit utility development to that necessary for maintenance of public drinking water supply wells and associated facilities.


a. In-stream structures when associated with a watershed restoration project or a water dependent use, including but not limited to fish hatcheries and public drinking water supply facilities.

b. Low intensity recreational development in support of public access or scientific, educational or cultural uses, provided no significant ecological impact will result. Signs associated with such uses are allowed.

c. Restoration actions

d. Shoreline stabilization (soft shore only)

e. Utility development


a. Freshwater aquaculture facilities (hatcheries or hatchery related facilities, including in-stream structures)

b. Flood control works

c. Dredging (no disposal of dredging spoils in Natural Environment)

d. Aquatic weed management


a. Agriculture

b. Boating facilities and docks

c. Commercial and industrial development

d. Dredge material disposal (stand-alone)

d. Forest practices


e. Mining

f. Parking facilities, primary and accessory

g. Piers and docks

h. Residential development

i. Transportation facilities and parking

j. Filling, Grading and Excavation


[THIS PAGE LEFT INTENTIONALLY BLANK]

Figure 6-1 – Shoreline Environment Map


Figure 6


CHAPTER 7 SHORELINE USE AND MODIFICATION – POLICIES AND REGULATIONS

This chapter describes policies and regulations that apply to specific uses and proposed developments in the shoreline jurisdiction. The policies and regulations are intended to work in concert with the Master Program general goals and policies (Chapter 5). Use-specific policies and regulations apply in all shoreline environments that allow said uses. Policies and regulations that address specific activities in the shoreline (modifications such as dredging, landfill and excavation, etc.) that may be associated with, or accessory to, a specific use are also addressed. This chapter is organized alphabetically by shoreline use or activity:

A. Agriculture

B. Aquaculture

C. Boating Facilities

D. Commercial and Industrial Development

E. Dredging and Dredge Material Disposal

F. Flood Control Works

G. In-Stream Structures

H. Filling, Grading and Excavation

I. Parking

J. Residential Development

K. Restoration

L. Shoreline Stabilization

M. Signs

N. Transportation Facilities

O. Utility Development

Table 7-1 summarize permitted uses and development standards in each environment designation:


Table 7-1. Permitted Uses and Development

Shoreline Use and Modification

Shoreline Environment Designation

Puyallup River Urban Conservancy

Clarks Creek Urban

Conservancy Natural

Agriculture P1 X X

Aquaculture (hatcheries) C2 P2 C2

Aquatic weed management P12 P12 C12

Boating Facilities and docks (non-motorized only)

P13, C13 P13, C13 X

Commercial and Industrial Development P3, C3 X X

Dredging and Dredge Material Disposal C C C14

Forest Practices X X X

Flood Control Works P P C

In-Stream Structures P P4 P4

Filling, Grading and Excavation P5 P5 X

Mining X X X

Recreational P3 P3 P3, 7

Residential Development P3 P3 X

Restoration P P P

Shoreline Stabilization P8 P8 P8 (SOFT SHORE ONLY)

Signs P3 P3 P7

Transportation Facilities P P X

Parking (Primary use) X X X

Parking (Accessory use) P5, 6 P5, 6 X

Utility Development P10, C 11 P10, C11 P9

Unclassified Uses C C C

P = Permitted - Permitted uses may require Shoreline Substantial Development Permits and any other permits required by the Puyallup Municipal Code and/or other regulatory agencies.

C = Conditional Use - Conditional uses require Shoreline Conditional Use Permits and may require other permits required by the Puyallup Municipal Code and/or other regulatory agencies.

X = Prohibited

1. Allowed only where permitted by the underlying zoning designation of “agriculture, recreation and open space” (ARO).

2. Floating or submerged aquaculture facilities such as rearing pens are prohibited.


3. Allowed only when the use is permitted by the underlying land use and zoning designation. Non-water oriented commercial/industrial development requires a conditional use permit if proposed in shoreline environment.

4. Allowed only when associated with a watershed restoration project or a water dependent use, including but not limited to fish hatcheries and public drinking water supply facilities.

5. Only in association with a use permitted through this program. Fill waterward of the OHWM is a Conditional Use.

6. Parking or storage of recreational vehicles and travel trailers as a primary use is prohibited.

7. Low-intensity development only when supporting public access or scientific/educational/cultural/historic uses.

8. When protecting new structures from future channel migration only bioengineering or soft armoring techniques can be used.

9. Limited to public drinking water supply facilities associated with Maplewood Springs.

10. Allowed only when typical and normal to support and serve a permitted shoreline uses, for example, typically new or relocated distribution lines and individual service lines.

11. Utility production and processing facilities, transmission facilities for the conveyance of services, and stormwater detention and treatment facilities are prohibited unless no alternative location exists, and then, only when a conditional use permit is acquired

12. See chapter 5, section E (Vegetation Conservation) for performance standards and regulations on aquatic weed management

13. Boating facilities and docks shall be allowed for publically accessible water-recreational uses; see 7-7. Boating facilities are a permitted use when located on public land (e.g. public park); if a boating facility is proposed as part of a residential development in excess of 5 lots/dwelling units, it shall require a conditional use permit for its establishment and shall be dedicated for general public use. Boating facilities for developments with four (4) or fewer lots/dwelling units are prohibited.

14. Dredge material disposal is not permitted in the Natural Environment.

A. AGRICULTURE, FORESTRY AND MINING

1. Definition

“Agricultural activity” means agricultural uses and practices including but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which 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.

2. Policies

I. This Program allows for ongoing agricultural activities and should protect agricultural lands from conflicting uses such as intensive or unrelated residential, industrial or commercial uses.


II. Appropriate farm management techniques and new development construction should be encouraged to prevent contamination of nearby water bodies and adverse effects on valuable plant, fish, and animal life from fertilizer, herbicides and pesticide use and application.

III. A vegetative buffer should be encouraged to be placed and maintained between agricultural lands and water bodies or wetlands in order to reduce harmful bank erosion and resulting sedimentation, enhance water quality, provide shade, reduce flood hazard, and maintain habitat for fish and wildlife.

IV. Public access to the shoreline should be encouraged where it does not conflict with agricultural activities.

V. New agricultural uses and development in support of agricultural uses should not be allowed in the shoreline.

VI. Proposals to convert agricultural uses to other uses should comply with all policies and regulations established by the Comprehensive Plan and this Master Program for said uses.

VII. Commercial forest practices should be prohibited within all shoreline environment designations due to incompatibility with adjacent land uses.

VIII. Mining should be prohibited within all shoreline environment designations due to incompatibility with adjacent land uses.

3. Regulations

I. New agricultural activities are allowed in the Puyallup River Urban Conservancy and Clarks Creek Urban Conservancy environments as a permitted use where the underlying zoning designation is “agriculture overlay” (ARO). Agricultural activities are prohibited in the Natural environment.

II. Existing and ongoing agricultural activities in the Puyallup River Urban Conservancy and Clarks Creek Urban Conservancy environments are allowed to continue. This program shall not require modification of or limit agricultural activities occurring on agricultural lands.

III. The following agricultural developments and activities associated with new agricultural operations are prohibited within the shoreline jurisdiction:

a. Animal feedlot operations, including the collection of feedlot wastes, stockpiling of manure solids, and storage of noxious chemicals.

b. Aerial spraying of chemical pesticides or herbicides (related to existing and on-going agricultural activities) over water bodies, wetlands, or within two hundred (200) feet of the ordinary high water mark, unless specifically permitted under the Washington Departments of Agriculture or Public Health

c. The disposal of inorganic farm wastes, chemicals, fertilizers, and associated containers and equipment.


d. Any agricultural activity waterward of the ordinary high water mark.

e. Manure lagoons.

f. Manure and class B bio-solid spreading on agricultural fields.

IV. A buffer of natural or planted permanent native vegetation shall be established and maintained between areas used for cultivation or intensive grazing and adjacent shorelines or wetlands prior to new agriculture uses commencing (where permitted), in accordance with buffer requirements contained in the CAO in relation to riparian buffers and the buffer requirements contained in PMC 21.06.

V. New livestock related activities shall avoid damage to stream banks and water bodies by providing the following:

a. Ample supplies of clean fresh water in tanks on dry land for stock watering.

b. Fencing or other grazing controls to prevent bank compaction, bank erosion, or the overgrazing of or damage to buffer vegetation. No flash grazing of any stream or native vegetation areas shall be permitted.

VI. Conversion of agricultural uses to other uses shall comply with the provisions of PMC 21.06 and this Program for the proposed use.

VII. Commercial forest practices are prohibited within all shoreline environment designations.

VIII. Mining activities are prohibited within all shoreline environment designations.

B. AQUACULTURE

1. Definition

I. “Aquaculture” is the culture or farming of fishery resources in freshwater areas, and may require development of fish hatcheries, rearing pens and structures, as well as use of natural spawning and rearing areas. Activities include the hatching, cultivating, feeding, and raising of fisheries and the maintenance and construction of necessary equipment, buildings and growing areas.

2. Policies

I. Aquaculture is a water-dependent use, and when consistent with control of pollution and avoidance of adverse impacts to the environment and preservation of habitat for resident native species, is an accepted use of the shoreline.

II. Because locations for aquaculture activities are somewhat limited and require specific water quality, temperature, oxygen content, and adjacent land use conditions, and because the technology associated with some forms of aquaculture is still experimental, some latitude should be given when implementing the regulations of this section, provided that potential impacts on existing uses and shoreline ecological functions and processes are given due consideration. Experimental aquaculture projects should be monitored and adaptively managed to maintain shoreline ecological functions and processes.


III. Aquaculture should not be permitted in areas where it would result in a net loss of ecological functions or significantly conflict with other water-dependent uses. Aquacultural facilities should be designed and located so as not to spread disease to native aquatic life, establish new non-native species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline.

IV. Consideration should be given to both the potential beneficial impacts and potential adverse impacts that aquaculture development might have on the physical environment; on other existing and approved land and water uses; and on the aesthetic qualities of a project area.

V. Consideration should be given to new cumulative effects of aquacultural uses, on:

a. Water quality;

b. Sediment quality and sediment transport processes;

c. Benthic and pelagic organisms; and/or

d. Wild fish populations.

VI. Given their water-dependent status, legally established fish hatcheries should be protected from incompatible uses that may seek to locate nearby.

VII. When consistent with the Program, community restoration projects associated with aquaculture should be supported.

3. Regulations

I. Upland aquaculture developments and associated in-stream structures for water diversion are allowed in the Clarks Creek Urban Conservancy environment. Such development and structures may be permitted in the Puyallup River Urban Conservancy and Natural environments as a conditional use. Floating or submerged aquaculture facilities such as rearing pens are prohibited.

II. Upland aquaculture developments shall be screened from view from adjacent residential or recreational areas by fences, berms, and/or vegetative buffers.

III. Reflected glare or direct light generated by aquaculture developments shall be minimized to the greatest extent possible. Lighting fixtures shall be designed and hooded to prevent the light source from being directly visible from outside the boundaries of the property.

IV. The operators of aquaculture developments shall control odor through the proper storage and disposal of feed and other organic materials and by maintaining a clean operation. A specific plan for identifying and controlling odors shall be developed and approved as part of the permit approval process.

V. Aquaculture that involves significant risk of cumulative adverse effects on water quality, sediment quality, benthic and pelagic organisms, and/or wild fish populations through potential contribution of antibiotic resistant bacteria, or


escapement of non-native species, or other adverse effects on ESA-listed species shall not be permitted.

VI. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW 90.48).

C. BOATING FACILITIES AND DOCKS

1. Definition

I. “Boating facilities” includes non-motorized boat launch ramps and structures providing public recreational access to the waters of the state, including, but not limited to, public docks/piers, docks/piers in private residential development projects with five or more residential lots/units where public access easements/signage provide public access and use of the dock or pier; etc. Boating facilities does not refer to docks, piers or non-motorized boat launch ramps that serve four or fewer residential lots/units.

II. “Docks” includes structures generally built from the shore extending over the water for publically accessible water-oriented recreational use. Docks may be either anchored and floating or permanently fixed to pilings. They do not include floats or launch ramps.

2. Policies

I. Boating facilities should be limited to those serving non-motorized watercraft (e.g., canoes, kayaks, etc.).

II. Boating facilities and docks should be located only at publicly accessible sites with suitable environmental conditions and shoreline configuration.

III. Design new boating facilities and docks to accommodate public access and enjoyment of the shoreline including provisions for walkways, viewpoints, and other recreational uses commensurate with the scale of the facility.

IV. Private piers and docks should be prohibited within all shoreline environment designations.

3. Regulations

I. Boating facilities are limited to those serving non-motorized watercraft. Publically owned boating facilities and docks, as defined, are allowed in the Puyallup River and Clarks Creek Urban Conservancy environments as a permitted use. Boating facilities are prohibited in the Natural environment.

II. If a boating facility or dock is proposed as part of a residential development of five (5) units or more, it shall require a conditional use permit for its establishment and shall be dedicated for general public use. Boating facilities and docks as part of a residential development shall only be eligible for the conditional use process if part


of a residential development of five (5) units or more. Before granting approval of a permit to allow any boating facility or dock, the applicant must satisfactorily demonstrate that:

a. Adequate facilities for the efficient handling of sewage and litter will be provided and maintained;

b. The boat ramp will minimize impediments to migrating fish and will not locate on sites important for salmonids, including spawning, feeding or rearing areas, and shall result in no net loss of ecological functions;

c. The boating facility will be located at a publicly accessible site and will incorporate public walkways, viewpoints and/or other recreational uses;

d. All applicable state and federal permits to allow a new in-water structure have been obtained;

e. The boating facilities will be designed so that structures are aesthetically compatible with, or enhance shoreline features and uses;

f. Appropriate critical area reports for disturbance of the associated critical areas and their buffers related to the installation are provided and any and all required mitigation is implemented. All mitigation plans shall demonstrate, through a functional assessment of the critical area(s) disturbed as a part of the boating facility installation, that the proposed mitigation actions will improve critical area functions in the area; and,

g. Privately owned piers and docks are prohibited within all shoreline environment designations.

III. Paved boat launch facilities and associated parking areas for motorized watercraft are prohibited.

IV. Launch access for non-motorized watercraft shall use a permeable surfacing material, where technically feasible. Removal of vegetation for launch access should be limited to the minimum necessary.

V. Boating facilities encroaching into the regulated floodway, as identified by the Federal Emergency Management Agency (FEMA), shall comply with the no-rise requirements as established in the Puyallup Municipal Code (21.07).

D. COMMERCIAL AND INDUSTRIAL DEVELOPMENT

1. Definitions

I. “Commercial development” includes the following: purchase, sale, lease, rental, repair or other transaction involving the handling of any article, service, substance or commodity commonly used for consumer or household use. Typical uses include arcades, art specialty and retail shops, consumer services enterprises (laundries, dry cleaners, shoe repair, appliance and electronic repair, tailoring, printing shops and


photo finishing, etc.), shopping centers or malls, food stores and supermarkets, health spas and studios, hotels and motels, indoor theaters, and restaurants (including sale of alcoholic beverages). Commercial uses may be for profit or nonprofit and are typically conducted entirely within an enclosed building and do not involve outdoor storage of materials.

II. “Industrial development” means the manufacture, assembly, processing or treatment of parts, materials, goods, foodstuffs and products intended for general distribution. Production processes may not employ the extensive use of hazardous or volatile materials or chemicals, or continuous high levels of noise. Typical uses include contractors shops, metal fabrication, custom boat building, indoor storage of bulk materials and machinery, nonflammable gas production, warehouse and distribution facilities, publishing plants, or vehicle repair facilities.

2. Policies

I. In securing shoreline locations for commercial or industrial use, preference should be given first to water dependent uses, then to water-related and -enjoyment uses.

II. Commercial and industrial development should not result in a net loss of shoreline ecological functions or have an adverse impact to other shoreline uses, resources and values such as recreation and public access.

III. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial and industrial development.

IV. Commercial development should ensure visual compatibility and appropriate buffering with adjacent noncommercial properties.

V. Commercial and industrial development should be required to provide physical or visual access to the shoreline or other opportunities for the public to enjoy shorelines of statewide significance whenever possible, provided such access is commensurate and proportional to development impacts, does not cause significant ecological impact, interfere with operations, or create risk to public safety.

3. Regulations

I. Water-oriented commercial and industrial development is allowed in the Puyallup River Urban Conservancy environment as a permitted use where the underlying zoning designation allows such use; non-water oriented commercial and industrial development requires a conditional use permit to locate in the Puyallup River Urban Conservancy environment. Consistent with the city’s Comprehensive Plan and zoning, commercial and industrial development is prohibited in the Clarks Creek Urban Conservancy and Natural environments.

II. As required by RCW 90.58.320, no permit shall be issued for any new or expanded building or structure more than thirty-five feet in height that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. Height is measured according to Chapter 2, Definitions.


III. Non-water-oriented commercial and industrial uses located in the Puyallup River Urban Conservancy shoreline environment shall provide a significant public benefit with respect to providing public access and\or shoreline ecological restoration.

IV. Commercial development compatible with and supporting recreational uses are allowed, provided they are located on the upland side of trails or other water-oriented recreational development.

V. Accessory development that does not require a shoreline location shall be located upland of the water-oriented portions of the development and setback from the ordinary high water mark (OHWM) to the maximum extent feasible. For the purposes of this subsection, accessory development may include, but is not necessarily limited to the following: parking; warehousing; waste storage and treatment or stormwater detention facilities; utilities as well as other accessory uses to a permitted primary use.

VI. Commercial and industrial developments shall not contain lighting fixtures that cast light in a manner that would be considered a nuisance, affect health or safety or significantly impact the ecological function of the river, wetland or any adjacent critical area.

VII. All commercial and industrial development shall observe the applicable environmental protections and buffers prescribed by this Master Program and the city’s critical areas ordinance to ensure no net loss of environmental functions in the following manner:

a. Non-water-oriented commercial/industrial uses should not locate in the shoreline environment unless no other feasible alternative exists on-site; non-water oriented uses shall only be located in the shoreline environment to the minimum extent needed to facilitate the development and shall not located over water. Non-water-oriented commercial/industrial uses shall provide significant public benefit with respect to public access, in accordance with chapter 4 of this Master Program, and restoration goals of the Master Program Restoration Plan. Applications for non-water-oriented commercial/industrial uses shall demonstrate ecological restoration is undertaken to the greatest extent feasible in addition to any and all required compensatory mitigation as a result of critical area/buffer encroachments. Non-water oriented uses in the shoreline environment requires a shoreline conditional use permit.

ii. Water-related and –enjoyment commercial/industrial uses may locate

in the shoreline environment, but in no case may any water-related or –enjoyment use locate in the adjacent stream or critical area buffer area unless no other alternative exists and shall not located over water. Mitigation sequencing, in accordance with this Master Program and the city’s adopted critical areas ordinance, shall be followed to the maximum


extent possible to ensure no net loss of environmental functions. Public access shall be provided by water-related and –enjoyment uses located in the shoreline environment, in accordance with chapter 4 of this Master Program. Non-water-dependent commercial/industrial uses are prohibited over water except where necessary to support water-dependent uses. Water-related and –enjoyment uses located in the shoreline environment (but outside of all critical areas and buffers) are permitted where allowed by underlying zoning; encroachments into critical area buffers, where absolutely unavoidable and minimized to the maximum extent possible, shall require a shoreline variance permit.

iii. Water-dependent commercial/industrial uses may locate in the

shoreline environment and associated buffer area to the minimum extent needed to facilitate the water-related use operations. The location, design, improvement and construction of water-dependent commercial/industrial development shall assure no net loss of ecological functions in accordance with this Master Program and the city’s adopted critical areas ordinance.

E. DREDGING AND DREDGE MATERIAL DISPOSAL

1. Definition

i. “Dredging” means the removal, displacement, and disposal of material such as gravel, sand, mud, silt, debris or other material from the Puyallup River, Clark’s Creek or associated wetlands. Dredging is normally done for a specific purpose such as constructing and maintaining underwater pipelines or cable crossings, obtaining material for fill or construction, as part of an aquacultural operation, as part of a comprehensive flood hazard management plan or for dike repair and maintenance.

2. Policies

I. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes significant ecological impacts. Where impacts cannot be avoided, mitigation measures are required that result in no net loss of shoreline ecological functions.

II. Dredging of bottom materials for the primary purpose of obtaining material for fill material should not be allowed, except when the material is necessary for the restoration of ecological functions.

III. Dredging to facilitate ecological restoration or enhancement, including restoration of channel capacity for flood flows, should be allowed if the proposed activity is consistent with this Program.

IV. Dredge spoil disposal in water bodies, on shorelands, or wetlands within a river’s channel migration zone should be discouraged, except as part of a shoreline restoration or habitat improvement project.


V. Dredge material disposal is preferred in upland locations away from the shoreline and other critical areas – including floodplains, where feasible – and should be coordinated with appropriate agencies. Where open-water dredge disposal is necessary, it should be coordinated with appropriate agencies (e.g., Army Corps of Engineers, Washington Department of Natural Resources, Washington Department of Ecology).

3. Regulations

I. Dredging and dredge material disposal is allowed in all Puyallup shoreline environments as a conditional use except dredge material disposal in the Natural environment is prohibited.

II. Dredging shall only be permitted for the following activities:

a. Removal of gravel, sediment, or buried wood debris for flood management purposes consistent with an adopted flood hazard reduction plan and only after a biological and geomorphological study demonstrates that extraction has a long term benefit to flood hazard reduction, does not result in long-term degradation to fish/listed species habitat, minimizes impacts to fish habitat in the short term, does not result in a net loss of shoreline ecological functions and processes, meets the FEMA zero-rise floodway and biological opinion requirements, and is part of a comprehensive flood management solution developed by affected jurisdictions, tribes and interested parties.

b. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat.

III. Dredge material disposal in water bodies, on shorelands, or wetlands within a river’s channel migration zone or the channel migration zone itself shall be prohibited, except as part of a shoreline restoration or habitat improvement project, and only if the project meets the FEMA regulations on floodway encroachments and biological opinion requirements.

IV. Proposals for dredging and dredged material disposal shall be evaluated for their potential to cause significant adverse environmental impacts, with separate consideration given to the potential adverse effects of the initial dredging, subsequent maintenance dredging, and dredged material disposal. Dredging and dredged material disposal shall be permitted only when it is conclusively demonstrated that the proposed actions will not:

a. Result in significant and/or ongoing damage to water quality, fish and/or other aquatic biological elements; and

b. Adversely alter natural drainage and circulation patterns, or currents, or significantly reduce floodwater storage capacities.

V. Proposals for dredging and dredged material disposal shall include all feasible mitigation measures to protect freshwater habitats and to minimize adverse


environmental impacts (e.g., turbidity, nutrient releases, heavy metals, sulfides, organic material or toxic substances, dissolved oxygen depletion, disruption of food chains, loss of benthic productivity and disturbance of fish runs and important localized biological communities).

F. FLOOD CONTROL WORKS

1. Definitions

i. “Flood control works” means all structures and works designed to reduce flooding of adjacent lands, including but not limited to dikes, levees, channelization, dams, weirs, and flood gates. Excluded are water pump facilities. Flood hazard reduction may also include techniques of floodplain, river basin and watershed management applied alone or in combination with structural measures.

ii. “Dike” means an artificial embankment normally set back from the bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land.

iii. “Levee” means a natural or constructed embankment on the bank of a river or stream designed to keep floodwaters from inundating adjacent land. Some levees have revetments on their sides.

iv. “Setback levee” means an embankment constructed to prevent flooding that is positioned some distance from the edge of the river or channel in order to allow the river to occupy a portion of its floodplain. Setback levees allow wildlife habitat to develop between the levee and the river or stream.

2. Policies

I. New or expanded development or uses in the shoreline, including subdivision of land, that would likely require flood control structures within a channel migration zone or floodway should not be allowed.

II. Flood control works to protect existing development should be permitted only when the primary use being protected is consistent with this Program, and the works can be developed in a manner that protects shoreline ecological functions and processes.

III. Flood control works should incorporate native vegetation to enhance ecological functions, create a more natural appearance, improve ecological processes, and provide more flexibility for long-term shoreline management.

IV. Where feasible, flood control projects/plans should be developed in a coordinated manner among affected property owners and public agencies for entire river systems and basins to address ecological and geo-hydraulic processes, sediment conveyance and other floodplain management issues.

V. Provisions for multiple use, restoration, and/or public access should be incorporated into the location, design and maintenance of flood control structures.


VI. To minimize flood damages and maintain natural resources associated with streams, overflow corridors and other alternatives to traditional bank armoring, levees and/or dams should be considered. Setback levees and similar measures should be employed because they will result in lower flood peaks and velocities, and more effective conservation of resources than with high bank levees.

VII. Planning and design of flood control works should be consistent with and incorporate elements from the adopted watershed management plans, restoration plans and/or surface water management plans.

3. Regulations

I. Flood control works are allowed in the Puyallup River Urban Conservancy and Clarks Creek Urban Conservancy environments as a permitted use. Flood control works are conditionally permitted in the Natural environment.

II. Normal maintenance and repair of existing flood control structures, such as levees and dikes, to a state comparable to their original condition, shall be allowed.

III. Rehabilitation or replacement of existing flood control structures, such as levees and dikes, in which their primary purpose is to contain the 1-percent annual chance flood event, shall be allowed where it can be demonstrated by an engineering analysis that the existing structure:

a. Does not provide an appropriate level of protection for surrounding lands; or

b. Does not meet appropriate engineering design standards for stability (e.g., over-steepened side slopes for existing soil and/or flow conditions).

IV. Rehabilitated or replaced levees or dikes shall maintain equal or lesser side slope angles to existing conditions, and shall not extend the toe of slope laterally into the channel.

V. New structural flood hazard reduction measures shall be allowed only under the following circumstances:

a. When it can be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development;

b. That non-structural measures are not feasible;

c. That impacts to ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss; and

d. That appropriate vegetation restoration and conservation actions are undertaken consistent with chapter 5.E – Vegetation Conservation.

VI. New structural flood hazard reduction measures, such as dikes, levees, berms and similar flood control structures shall be placed landward of the floodway as established in Federal Emergency Management Agency (FEMA) flood insurance rate maps or floodway maps.


VII. New structural flood hazard reduction measures, such as dikes, levees, berms shall be placed landward of associated wetlands, and designated vegetation conservation areas, except when the project includes increasing ecological functions as part of the design or as mitigation for impacts.

VIII. Dikes, levees, berms and similar flood control structures shall be shaped and planted with vegetation suitable for wildlife habitat.

IX. New structural flood hazard reduction measures, such as dikes and levees shall dedicate and provide or improve public access unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, significant ecological impacts that cannot be mitigated, unavoidable conflict with the proposed use, or a cost that is disproportionate and unreasonable to the total long-term cost of the development.

G. IN-STREAM STRUCTURES

1. Definition

i. “In-stream structure” means 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, fish habitat enhancement, or other purpose.

2. Policies

I. Where feasible, failing, harmful, unnecessary, or ineffective in-stream structures should be removed, and shoreline ecological functions and processes should be restored using non-structural methods.

II. Planning and design of in-stream structures should be consistent with and incorporate elements from adopted watershed management plans, restoration plans and/or surface water management plans.

III. In-stream structures should provide for the protection and preservation of ecological functions and processes such as fish passage.

3. Regulations

I. In-stream structures are allowed in the Puyallup River Urban Conservancy environment. In the Clarks Creek Urban Conservancy and the Natural environments in-stream structures shall only be allowed when associated with a watershed restoration project or a water dependent use, including but not limited to fish hatcheries and public drinking water supply facilities.

II. In-stream structures shall be designed by a licensed professional engineer with experience in analyzing hydraulic information and systems. In-stream large woody debris, as a part of a restoration project, may be designed by either a licensed professional engineer, licensed landscape architect, qualified professional biologist


or certified arborist with experience in placement and securing of large woody debris for habitat purposes.

III. In-stream structures and their support facilities shall be located and designed to minimize the need for structural shoreline stabilization. All diversion structures shall be designed to permit the natural transport of bedload materials. 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.

IV. In-stream structures shall meet the no-rise floodway requirements per the code of Federal Regulations at 44CFR 60.3 (d)(3), OR meet the FEMA policy on Fish Enhancement Structures in the floodway.

V. In-stream structures shall provide for adequate upstream or downstream migration of anadromous fish, where applicable. All heavy construction equipment, and fuel storage, repair and construction material staging areas shall be located outside of all critical area buffers.

H. FILLING, GRADING AND EXCAVATION

1. Definition

i. “Filling” means the addition of soil, sand, rock, gravel, sediment, earth retaining structure or other material to an area in shoreline jurisdiction in a manner that raises the elevation or creates dry land.

ii. “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.

iii. “Excavation” means the disturbance, displacement and/or disposal of unconsolidated earth material such as silt, sand, gravel, soil, rock or other material from all areas landward of OHWM.

2. Policies

I. Fill should not be allowed where shore stabilization works would be required to maintain the materials placed.

II. Shoreline fill and excavation should be designed and located so there will be no degradation of water quality and no alteration of surface water drainage or flood waters which would result in a hazard to adjacent life, property, or natural resources.

III. Clearing and grading should only be allowed in concert with permitted shoreline development.

3. Regulations

I. Filling, grading and excavation is allowed in the Puyallup River Urban Conservancy and the Clarks Creek Urban Conservancy environments only in association with a permitted use. Filling, grading and excavation is prohibited in the Natural


environment. Fill waterward of the OHWM shall require a Shoreline Conditional Use permit. Where allowed, filling, grading and excavation shall be the minimum necessary to accommodate the development and shall cause no impacts to ecological functions, including protection of channel migration processes.

II. Fill shall be permitted only where it is demonstrated that the proposed action will not:

a. Result in significant ecological damage to water quality, fish, and/or wildlife habitat; or

b. Adversely alter natural drainage and circulation patterns, currents, and river flows or significantly reduce flood water capacities.

III. Fill in areas waterward of the ordinary high water mark shall not be allowed, except where necessary to support:

a. Water-dependent uses;

b. Public access improvements;

c. Cleanup and disposal of contaminated sediments as part of an approved interagency environmental clean-up plan;

d. Disposal of dredged material associated with an approved disposal plan;

e. Expansion or alteration of transportation facilities of statewide significance currently located in the shoreline, and then only when demonstrated that alternatives to fill are not technically feasible; or

f. Environmental mitigation, restoration, or enhancement projects.

IV. Grading as a part of development for an authorized use, activity or shoreline modification should be as minimal as necessary and should seek to retain natural topography and native vegetation to the extent feasible. Grading of floodplain areas shall be in accordance with FEMA biological assessment requirements and should seek to retain existing contours and hydrologic features and functions to the extent feasible.

I. PARKING

1. Definition

i. Parking is the use of land for the purpose of accommodating motor vehicles, motorized equipment, or accessory units, such as trailers. Land used for this purpose is leveled, cleared, and often covered with an impermeable surface.

2. Policies

I. Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary to support an authorized use and then located as far from the shoreline as possible.


II. Parking facilities in shoreline areas should be located and designed to minimize adverse impacts including those related to stormwater runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance.

III. Require the use of pervious materials in parking facilities, where technically feasible.

IV. Landscaping should consist of native vegetation in order to enhance the habitat opportunities within the shorelines area.

3. Regulations

I. Parking as a primary use is prohibited in the shoreline jurisdiction.

II. Parking or storage of recreational vehicles or travel trailers as a primary use shall be prohibited in all shoreline environment jurisdictions.

III. Parking in shoreline areas must directly serve an approved shoreline use.

IV. Parking areas within the shoreline jurisdiction shall be designed and landscaped to minimize adverse impacts upon adjacent shorelines and abutting properties. The landscaping shall preferably consist of native vegetation, to be planted during the appropriate months of installation of landscaping (e.g. July-September plantings should defer to fall/winter through assignment of funds) and provide an effective screening three (3) years after planting. All landscaping treatments outside of all critical area buffers shall follow the standards set forth in the Puyallup Municipal Code and the city’s vegetation management standards manual.

V. Landscaping adjacent to parking shall be designed to provide biofiltration functions for runoff from the parking area, where feasible or appropriate.

VI. Alternatives to conventional storm water capture and detention, such as use of pervious surfacing materials, shall be used, where technically feasible, in order to minimize impervious surface runoff.

VII. All landscaping must be maintained in a neat and orderly manner. In no event shall such landscape areas be used for the storage of materials or parking of automobiles, or recreational or other vehicles.

VIII. Parking facilities shall not be permitted over the water.

IX. Parking shall be located on the landward side of the development unless parking is contained within a permitted structure, or cannot otherwise be accommodated.

X. Parking shall be located away from the waterward side of the development to the maximum extent feasible.


J. RESIDENTIAL DEVELOPMENT

1. Definition

i. “Residential development” means buildings, subdivision and use of land primarily for

human residence; including one-family, two-family and multiple dwellings, mixed use buildings, but not including hotels and motels, lodging houses, rooming houses, clubs and fraternity houses.

2. Policies

I. Single family residences are a priority use when developed in a manner consistent with control of pollution and prevention of damage to the shoreline environment and where permitted by underlying land use designation and zoning. Residential development as a whole is considered a non-water oriented use.

II. All residential development including subdivision of land should be planned and built to prevent the loss of ecological functions, prevent the need for shoreline stabilization and flood hazard reduction measures and be consistent with the standards of the environmental designation of which they are located.

III. New residential and accessory structures and uses should be sufficiently set back from shorelines vulnerable to erosion or channel migration so that structural improvements and other stabilization structures are not required to protect such structures and uses.

IV. Grouping of dwelling units in new residential developments shall be implemented to preserve natural features.

V. Structures or development for uses accessory to residential use should preserve shoreline open space and be visually and physically compatible with adjacent shoreline features.

3. Regulations

I. Residential development is allowed in the Puyallup River Urban Conservancy and Clarks Creek Urban Conservancy environments as a permitted use where the underlying zoning designation allows such use. In the Natural environment, new residential development is prohibited.

II. Residential development, including accessory structures, is prohibited waterward of the floodway.

III. Residential development shall not be approved if flood control or shoreline protection measures are necessary to create a residential lot or site area. Residential development shall be located and designed to avoid the need for structural shoreline stabilization and flood control works in the foreseeable future.

IV. All residential development and associated appurtenances shall observe critical areas and applicable buffers to the maximum extent possible. Existing nonconforming single family residences and normal appurtenances may be enlarged


or expanded in conformance with all applicable bulk and dimensional standards upon approval of a shoreline conditional use permit and by conformance with the following requirements:

a. An expansion or enlargement to the main structure or a normal appurtenance (where allowed) as defined in WAC 173-27-040(2)(g) to the main/accessory structure(s) shall only be accomplished by:

i. Addition of space above the building footprint of the structure; and,

ii. Addition of space onto or behind that side of the structure which is farthest away from the ordinary high-water mark. If the requirements above cannot be accomplished without causing significant harm to shoreline vegetation or other shoreline ecological functions, the Administrator may require additional site analysis to determine if an alternative location for the expansion or enlargement of the structure is feasible (see the visual below for an exhibit of this standard)

V. New appurtenances shall not be located in required critical area setbacks or buffers where a shoreline location is not necessary. If no location is available outside of the regulatory critical area buffer, the appurtenance may be permitted through a shoreline variance permit only. Such appurtenance shall be located outside of the regulated buffer to the maximum extent feasible and mitigated in accordance with the PMC 21.06 – critical areas – to ensure no net loss of ecological functions.


VI. Land subdivisions should be platted to assure that future development of the created lots will not require structural shore stabilization for reasonable development to occur.

VII. Residential development, and accessory structures, taking place within the regulated floodplain shall comply with FEMA biological assessment requirements and provisions of the Puyallup Flood Damage Prevention Regulations.

VIII. Multi-unit, subdivision and planned residential developments of five (5) or more waterfront lots/units shall dedicate, improve, and provide maintenance provisions for a pedestrian easement that provides area sufficient to ensure usable access to and along the shoreline for all residents of the development and the general public.

IX. As required by RCW 90.58.320, no permit shall be issued for any new or expanded building or structure more than thirty-five feet in height that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. Height is measured according to Chapter 2, Definitions.

K. RESTORATION

1. Definition

i. ”Restoration” means the re-establishment or improvement of impaired ecological shoreline processes or functions. This includes watershed restoration projects and habitat and natural systems enhancement projects. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures, removal or treatment of toxic materials, and re-connecting a river or stream channel to its geomorphic floodplain through removal or setting back of levees, revetments, or other shoreline stabilization. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

2. Policies

I. Restoration actions should restore shoreline ecological functions and processes as well as shoreline features and should be targeted towards meeting the needs of sensitive and/or locally important plant, fish and wildlife species as well as the biological recovery goals for Chinook salmon, Puget Sound steelhead, bull trout, and other salmonid species and populations.

II. Pursue the recommendations in the shoreline restoration plan prepared as part of this SMP update. Give priority to projects consistent with this plan.

III. Priorities should be given to restoration projects that:

a. Reconnect the shoreline channel to the floodplain;

b. Enhance existing aquatic, riverine wetland, and riparian habitats;

c. Improve water quality; and,

d. Lower or maintain water temperatures.


IV. Encourage cooperative restoration programs between local, state, and federal public agencies, tribes, non-profit organizations, and landowners to address the impaired ecological functions and processes of the shorelines.

3. Regulations

I. Restoration is allowed in all shoreline environments as a permitted use.

II. Development and design of shoreline restoration and/or enhancement projects shall use all available scientific and technical information and best management practices. Restoration projects should be designed and carried out in accordance with either an approved regional watershed restoration plan or the City’s Shoreline Restoration Plan.

III. Where possible, habitat improvement projects shall be protected in perpetuity through a conservation easement conveyed to the City or public agency. The Director of Planning can approve other forms of encumbrances. If future development proposes to impact existing habitat improvement sites, it must be demonstrated that there are no practicable alternatives to avoid adverse impacts and, further, that adequate mitigation is provided to address unavoidable losses.

IV. Habitat improvements shall promote an ecosystem or landscape approach, by integrating projects into their surrounding environments and promoting habitat corridors for movement and use by species.

L. SHORELINE STABILIZATION

1. Definitions

i. “Shoreline stabilization” means structural or non-structural modifications to the existing shoreline intended to reduce or prevent erosion of stream banks or adjacent uplands. Shoreline stabilization is generally located parallel to the shoreline at or near the OHWM. It is distinct from flood control works in that it is intended to prevent bank erosion only, rather than protect upland property from overbank flood hazards.

ii. “Bulkhead” means a wall-like structure normally constructed parallel to the shore and near the high water mark to protect the shore and uplands from erosion by current and wave action. They may also be constructed to retain uplands and fills that are prone to sliding, mass movement or erosion. For purposes of this Program, the former shall be known as normal protective bulkheads when constructed to protect single-family residences and properties.

iii. “Revetment” means 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, which is a vertical structure.


2. Policies

I. Structural shoreline stabilization measures should only be used when more natural, flexible, non-structural methods such as soft-shore armoring, vegetative stabilization or other bioengineering methods have been determined ineffective. Alternatives for shoreline stabilization should be based on the following hierarchy of preference:

a. No action (allow channel migration or bank erosion to occur naturally), increase building setbacks, and relocate structures;

b. Flexible defense works constructed of natural materials including soft shore protection, bioengineering, or vegetative stabilization; and,

c. Rigid works constructed of artificial materials such as riprap or concrete.

d. Materials used for construction of shoreline stabilization should be selected for long term durability, ease of maintenance, compatibility with local shore features, including aesthetic values and flexibility for future uses.

II. Shoreline stabilization activities that may necessitate new or increased shoreline stabilization on the same or other affected properties where there has been no previous need for stabilization should not be allowed.

III. New or expanded structural shore stabilization for new primary structures should be avoided. New or redeveloped structures should be located and designed to avoid the need for future shoreline stabilization where feasible.

IV. New or expanded structural shore stabilization should only be permitted where demonstrated to be necessary to protect an existing primary structure that is in danger of loss or substantial damage, and where mitigation of impacts would not cause a net loss of shoreline ecological functions and processes.

V. New or expanded structural shore stabilization for enhancement, restoration, or hazardous substance remediation projects should only be allowed when non-structural measures, vegetation planting, or on-site drainage improvements would be insufficient to achieve enhancement, restoration or remediation objectives.

VI. Shore stabilization on streams should be located and designed to fit the physical character and hydraulic energy potential of a specific shoreline reach, which may differ substantially from adjacent reaches.

VII. The cumulative effect of allowing bulkheads or revetments along river segments should be evaluated. If it is determined that the cumulative effects of bulkheads or revetments would have an adverse effect on shoreline functions or processes, then permits should not be granted.

VIII. Bulkheads should not be permitted as a solution to geo-physical problems such as mass slope failure, sloughing, or land slides. Bulkheads and revetments should only be approved for the purposes of protecting existing developments by preventing bank erosion by rivers or streams.


IX. Shore stabilization and shore defense works should be developed in a coordinated manner among affected property owners and public agencies for a reach where feasible, to address ecological and geo-hydraulic processes, and sediment conveyance.

X. Where feasible, failing, harmful, unnecessary, or ineffective shore stabilization structures should be removed, and shoreline ecological functions and processes should be restored using non-structural methods or less harmful long term stabilization measures.

3. Regulations

I. Stream bank stabilization to protect new structures from future channel migration is not allowed except when such stabilization is achieved through bioengineering or soft armoring techniques with an applicable Hydraulic Project Approval permit issued by the Washington Department of Fish and Wildlife.

II. Bulkheads or revetments, where allowed, shall be designed, constructed and maintained in a manner that does not degrade ecological function including fish habitat, and shall conform to the requirements of the Washington State Department of Fish and Wildlife criteria and guidelines.

III. Shoreline stabilization shall be limited to the minimum size necessary, and shall incorporate design and construction techniques included in Washington Department of Fish and Wildlife Integrated Streambank Protection Guidelines to the maximum extent feasible. Proponents of new or replaced hard bulkheads or revetments must

submit a geotechnical report providing evidence that erosion is not being caused by upland conditions. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization. The analysis must demonstrate that “soft” shoreline protection measures or bioengineering erosion control designs will not provide adequate upland protection of existing structures or would pose a threat or risk to adjacent property.

IV. Replacement of lawfully established, existing bulkheads or revetments shall be allowed. The first priority for replacement of bulkheads or revetments shall be landward of the existing structure. The second priority for replacement of existing bulkheads or revetments shall be to replace at the structure’s existing location. Where engineering, geological or safety concerns exist, the bulkhead may be located waterward of the ordinary high water mark (OHWM). Proposals to replace bulkheads or revetments shall consider:

a. Existing topography;

b. Existing development;

c. Location of abutting bulkheads; and,

d. Impact to habitat.


V. No permanent non-water dependent structures or uses shall be placed in the floodway zone. Bank protection associated with bridge construction and maintenance may be permitted and shall conform to provisions of the State Hydraulics Code (RCW 77.55).

VI. Trees and vegetation shading streams and rivers shall be retained or replanted when shoreline stabilization is placed or replaced.

M. SIGNS

1. Definition

i. “Sign” is any word, placard, board, notice, logo, insignia, symbol, flag, banner, balloon or inflatable device or pennant, which uses graphics, symbols, or written copy and is used to advertise or promote the interest of any person, institution, or business. Works of art, fountains, mosaics and building or structural design features that do not contain a commercial message, logo, symbol, or identification are not signs according to this definition.

2. Policies

I. The shoreline master program regulations related to signs shall, to the maximum extent possible, follow the policies and rules adopted in the city’s Comprehensive Plan and zoning ordinance (PMC 20.60).

II. Signs should be designed, constructed and placed so that they are compatible with the natural aesthetics of the shoreline environment and adjacent land and water uses.

III. Free-standing signs should be located to avoid blocking scenic views and be located on the landward side of public transportation routes which generally parallel the shoreline where possible.

3. Regulations

I. Signs are allowed in the Puyallup River Urban Conservancy and Clarks Creek Urban Conservancy environments as a permitted use, where the underlying zoning designation allows such use. Signs are prohibited in the Natural environment, unless publicly authorized as interpretive signage for a restoration site or informational about ecological functions of stream and riparian processes.

II. Signs shall conform to the standards of PMC 20.60 – Signs.

III. The following signs are prohibited in the shoreline jurisdiction:

a. Off-premise signs and billboards;

b. Electronic message signs;

c. Signs that flash, blink, rotate, move or otherwise change position;

d. Roof-mounted signs;


e. Advertising or signs erected, drawn, painted or maintained on trees, rocks or other natural features.

N. TRANSPORTATION

1. Definition

i. “Transportation facilities” means roads and railways, related bridges and culverts, fills, embankments, causeways, and truck terminals. Not included are off-street bicycle or recreational trails.

2. Policies

I. Plan, locate, and design roads, rail, and non-motorized systems and parking facilities where facilities will have the least possible adverse effect on shoreline resources. Where other options are available and feasible, new roads or road expansions should not be built within shoreline jurisdiction.

II. New or expanded public transportation facility route selection and development should be coordinated with related local and state government land use and circulation planning.

III. Transportation system route planning, acquisition, and design in the shoreline should provide space wherever possible for compatible multiple uses such as utility lines, pedestrian shore access or view points, or recreational trails.

IV. Trail space easements for non-motorized traffic should be required along roads in shoreline jurisdiction, where appropriate, and should be considered when rights-of-way are being vacated or abandoned.

V. New transportation facilities should be designed and located to minimize the need for the following:

a. Shoreline protection measures;

b. Modifications to natural drainage systems; and

c. Waterway crossings.

VI. Public transportation routes, particularly arterial highways and railways, should be located, designed, and maintained to permit safe enjoyment of adjacent shore areas and properties by other appropriate uses such as recreation or residences. Vegetative screening or other buffering should be considered.

VII. New river crossings should be minimized to the maximum extent feasible.

VIII. Transportation facilities should be located and designed to avoid public recreation and public access areas and significant natural, historic, archaeological or cultural sites.


3. Regulations

I. Transportation facilities are allowed in the Puyallup River Urban Conservancy and Clarks Creek Urban Conservancy environments. Transportation facilities are prohibited in the Natural environment.

II. Applications for new (excluding replacement of existing) or expanded transportation facility development in the shoreline jurisdiction shall include the following information:

a. Demonstration of the need for the facility.

b. An analysis of alternative alignments or routes, modes, or demand management, including alignments or routes outside shoreline jurisdiction.

c. An analysis of potential impacts complying with the State Environmental Policy Act, including an analysis of comparative impacts of feasible alternative routes. (See the definition of “feasible” in Chapter 2.)

d. Description of construction, including location, construction type, and materials.

e. If needed, description of mitigation and restoration measures.

III. New or expanded surface transportation facilities not related to and necessary for the support of water-oriented activities shall be located outside the shoreline jurisdiction if possible, or set back from the ordinary high water mark to the extent feasible.

IV. Construction of roadways and bridges may be permitted to cross streams and rivers and be located in designated riparian habitats and their buffers, subject to the performance standards in the critical area regulations (PMC 21.06.1030(5)).

V. Road designs must provide appropriate pedestrian and non-motorized vehicular crossings where public access to shorelines is intended.

VI. Transportation and primary utility facilities shall be required to make joint-use of rights-of-way and to consolidate crossings of water bodies where adverse impact to the shoreline can be minimized by doing so.

VII. New and expanded transportation facility development shall not diminish public access to the shoreline.

VIII. All cut and fill slopes shall be stabilized and planted with native grasses, shrubs and trees which shall be maintained by the applicant until established.

IX. Bridge supports and abutments shall be designed and spaced so they do not act as walls baffling or blocking flood waters, interrupt stream channel processes or littoral drift.

X. Bridge approaches in floodways shall be constructed on open piling, support piers, or other similar measures to preserve hydraulic processes.

XI. Waterway crossing shall be designed to provide minimal disturbance to banks.


XII. Transportation facilities shall be constructed of materials which will not adversely affect water quality or aquatic plants and animals over the long term. Elements within or over water shall be constructed of materials approved by applicable state agencies for use in water for both submerged portions and other components to avoid discharge of pollutants from splash, rain or runoff. Wood or pilings treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited. Preferred materials are concrete and steel.

XIII. Non-emergency construction and repair work shall be scheduled for that time of year when seasonal conditions (e.g. weather, stream flow) permit optimum feasible protection of shoreline ecological functions and processes.

XIV. Transportation facilities shall be designed, constructed and maintained to contain and control all debris, overburden, runoff, erosion and sediment generated from the affected areas.

XV. Publicly-owned road ends and rights-of-way that are deemed important for public access by the Administrator shall not be vacated or otherwise allowed to pass out of public ownership unless all of the criteria outlined in RCW 35.79.035 is met.

XVI. Pedestrian shoreline transportation facilities, such as footpaths and boardwalks, where permitted shall meet all standards of this section and shall be planned and developed in a way to minimize impacts to shoreline ecological functions.

XVII. Private pedestrian footbridges across Clarks Creek and the Puyallup River are prohibited.

O. UTILITY DEVELOPMENT

1. Definitions

i. “Utility development” means facilities for distributing, processing, or storage of water, sewage, solid waste, storm drainage, electrical energy including electronic communications, and their administrative structures, as well as pipelines for petroleum products, and fire suppression.

2. Policies

I. Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities that are non-water dependent should not be allowed in shoreline areas unless it can be demonstrated that no other feasible option is available.

II. Transmission facilities for the conveyance of services, such as power lines, cables, and pipelines, should be located outside of the shoreline area where feasible.

III. Utilities should be located in existing improved rights-of-way and corridors, whenever possible. Joint use of rights-of-way and corridors should be encouraged.

IV. New utility installations should be located to eliminate the need for extensive shoreline protection measures.


V. Stormwater detention and treatment facilities serving allowed uses should not be allowed in shoreline areas unless it can be demonstrated that no other feasible option is available.

3. Regulations

I. Accessory utility facilities, such as those typical and normal to support and serve a permitted shoreline use shall be allowed in all shoreline environments. This will typically consist of new or relocated distribution lines and individual service lines.

II. The following utility facilities shall only be permitted when no other feasible alternative exists to locate in the city’s shoreline areas and shall only be permitted through a shoreline conditional use permit:

a. Utility production and processing facilities;

b. Transmission facilities for the conveyance of services; and,

c. Stormwater detention and treatment facilities (excluding infiltration facilities, such as rain gardens and permeable surfacing materials)

III. The following information shall be required for all proposals for primary utility facilities:

a. A description of the proposed facilities;

b. The rationale and justification for siting the proposed facility within the shoreline jurisdiction;

c. A discussion of alternative locations considered and reasons for their elimination;

d. A description of the location of other utility facilities in the vicinity of the proposed project and any plans to include facilities of other types of utilities in the project;

e. A plan for the reclamation of areas disturbed both during construction and following decommissioning and/or completion of the useful life of the facility; and

f. A plan for the control of erosion and turbidity during construction and operation.

IV. When feasible, utility lines shall utilize existing rights-of-way, corridors and/or bridge crossings and shall avoid duplication and construction of new or parallel corridors in all shoreline areas.

V. Location and design performance standards.

a. New utility lines and facilities may be permitted to cross streams, riparian habitats, and their associated buffers, subject to the city’s critical area regulations for public agency and utility exception standards and performance criteria (PMC 21.06.420 and PMC 21.06.1030(6)) and the additional standards in this section.


b. Utility developments shall be located and designed so as to avoid or minimize the use of any structural or artificial shoreline stabilization or flood protection works.

c. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited, EXCEPT in situations where no other feasible alternative exists. In those limited instances when permitted, automatic shut-off valves shall be provided on both sides of the water body.

VI. Construction of underwater utilities or those within the wetland perimeter shall be timed to avoid major fish migratory runs.

VII. As required by RCW 90.58.320, no permit shall be issued for any new or expanded building or structure more than thirty-five feet in height that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. Height is measured according to Chapter 2, Definitions.

VIII. Storm water management facilities, limited to detention/treatment ponds or vaults, media filtration facilities, lagoons or infiltration basins, shall only be permitted in the shoreline jurisdiction when the following provisions in addition to PMC 21.06 performance standards are met:

a. The storm water facility is designed and vegetated to mimic and resemble natural wetlands and meets applicable County or State storm water management standards and the discharge water meets state water quality standards; and

b. Low impact development approaches have been considered and implemented to the maximum extent feasible, in accordance with the WA State DOE storm water manual, as adopted by the City of Puyallup.


CHAPTER 8 ADMINISTRATIVE PROCEDURES

This chapter describes the administration and enforcement of the shoreline permit system. The purpose of this chapter is to provide guidance for obtaining development permits for activities in the City’s shoreline jurisdiction.

A. SHORELINE MANAGEMENT PERMIT AND ENFORCEMENT PROCEDURES, ADOPTION BY REFERENCE

The City of Puyallup hereby adopts by reference the following sections or subsections of Chapter 173-27, as amended, of the Washington Administrative Code (“WAC”) entitled Shoreline Management Permit and Enforcement Procedures.

WAC 173-27-020 Purpose

WAC 173-27-040 Developments exempt from substantial development permit requirement

WAC 173-27-090 Time Requirements of Permits

WAC 173-27-130 Filing with department

WAC 173-27-270 Order to cease and desist

WAC 173-27-280 Civil penalty

WAC 173-27-290 Appeal of civil penalty

WAC 173-27-300 Criminal penalty

B. ADMINISTRATIVE RESPONSIBILITIES

The intent of this section is to detail the duties, roles and responsibilities of the City of Puyallup’s Planning Director, Hearing Examiner, Appellate Hearing Examiner, Planning Commission, City Council and State Department of Ecology for administering and implementing the Shoreline Master Program.

1. Shoreline Administrator

i. The City of Puyallup’s Development Services Director, or his or her designee, known as the Administrator when carrying out the responsibilities of this Program, is hereby vested with:

a. Overall administrative responsibility for this Master Program;

b. Authority to grant or deny statements of exemption from Shoreline Substantial Development permits; and

c. Authority to carry out all responsibilities of the Department under the State Environmental Policy Act.

ii. Subject to the supervision and direction of the City Manager, the duties and responsibilities of the Administrator shall include, but are not limited to the following:


a. Establishing the procedures and preparing forms deemed necessary or useful for the administration of this Program.

b. Advising interested citizens and applicants of the policies, regulations and procedures of this Program.

c. Interpreting the provisions of this Program and the Shoreline Management Act and their application to development activities and uses within the City’s shoreline jurisdiction. The Shoreline Administrator shall consult with the Department of Ecology prior to issuance of any written interpretations to determine consistency with the purpose and intent of RCW 90.58 and all applicable guidelines.

d. Determining whether applications and necessary data are complete and in proper form prior to review.

e. Making field inspections as necessary.

f. Reviewing, insofar as possible, all data necessary for proper review and processing of applications.

g. Preparing reports and recommendations for submission to the hearing examiner on all applications for Substantial Development Permits, conditional use permits, and variance permits. The Administrator shall assure that all relevant information and public comments regarding the application is available to the Hearing Examiner during his/her review.

h. Assuring that notice of City actions taken pursuant to this Program is given to appropriate persons and the public as required by law.

i. Informing the Puyallup community of the goals, policies and regulations of this Program and any subsequent changes or amendments.

j. Developing and proposing amendments to this Program that will more effectively and equitably achieve its goals and policies.

k. Taking enforcement actions whenever a person has violated any provision of the Act or Master Program or other regulation promulgated under the Act.

l. Seeking remedies for violations of this Program, the Shoreline Management Act or conditions of any approved shoreline permits issued by the City of Puyallup.

m. Filing Substantial Development Permits, Conditional Use Permits and Variance Permits with Ecology.

2. Hearing Examiner

i. The Puyallup Office of the Hearing Examiner shall be responsible for hearing and making final determinations on the following matters:

a. Shoreline Substantial Development Permit

b. Shoreline Conditional Use Permits

c. Shoreline Variance Permits


d. Shoreline Permit rescissions

e. Appeals of administrative interpretations and statements of exemption.

3. Appellate Hearing Examiner

i. The Puyallup Office of the Appellate Hearing Examiner shall be responsible for hearing and making final determinations on the following matters:

a. Appeals of the Puyallup Hearing Examiner decisions on statement of exemptions, interpretations, substantial development, conditional use and variance permits.

4. Planning Commission

i. The Puyallup Planning Commission shall be responsible for hearing and making recommendations for action to the City Council on the following types of matters:

a. Amendments to the Shoreline Master Program

b. On or before June 30, 2019, this Program shall be evaluated for cumulative effects of all authorized development on shoreline conditions and progress on the city’s SMP restoration and public access plan implementation. Following June 30, 2019, the Puyallup SMP shall be reviewed not less than once every eight (8) years for cumulative effects of all authorized development on shoreline conditions and progress on the city’s SMP restoration and public access plan implementation. This process should involve coordination with State resource agencies, affected tribes, and other interested parties.

5. City Council

i. The Puyallup City Council shall be responsible for making final local determinations on amendments to the Shoreline Master Program, which shall be adopted by ordinance.

6. State Department of Ecology

The duties and responsibilities of the Washington Department of Ecology shall include, but are not limited to the following:

a. Adopting guidelines consistent with the Shoreline Management Act which assist in the development of local master programs.

b. Adopting rules that are necessary and appropriate to carry out the provisions of the Shoreline Management Act.

c. Reviewing and approving Master Program amendments prepared by the City of Puyallup pursuant to WAC 173-26-120.

d. Final approval and authority to condition or deny Shoreline Conditional Use Permits and Shoreline Variance Permits filed by the City of Puyallup.

C. TYPES OF SHORELINE PERMITS

1. Shoreline Substantial Development Permit

a. Purpose


The purpose of a Substantial Development Permit is to provide an approval process for any defined as substantial development or any development which materially interferes with the normal public use of the water or shorelines of the state.

b. Process

An open record decision hearing by the City of Puyallup’s Hearing Examiner is required for a Substantial Development Permit. Public notice of complete application, date of public hearing and final decision is required as described in Section E. The Administrator shall notify Department of Ecology and Attorney General of the permit decision after expiration of the local appeal period.

c. Hearing Examiner review criteria

A Substantial Development Permit shall be granted by the Hearing Examiner only when the development is consistent with the following:

i. Goals, policies and use regulations of the SMP;

ii. Puyallup Comprehensive Plan and Municipal Code; and

iii. The policies, guidelines and regulations of the Shoreline Management Act.

The Administrator and Hearing Examiner may attach conditions to the approval of permits as necessary to assure consistency of the proposal with the above criteria. The burden of proving that the proposed substantial development is consistent with the criteria shall be on the applicant.

2. Shoreline Conditional Use Permits

a. Purpose

The purpose of a Shoreline Conditional Use Permit is to allow a case-by-case review of certain uses which may have a greater potential for impacts if permitted without project-specific conditions. In authorizing a Shoreline Conditional Use Permit, special conditions may be attached to the permit by the Hearing Examiner or Ecology.

b. Process

An open record decision hearing by the City of Puyallup’s Hearing Examiner is required for a Conditional Use Permit. Public notice of completed application, date of public hearing and final decision is required as described in Section E. Ecology is the final approving authority for Conditional Use Permits.


The criteria below shall constitute the minimum criteria for review and approval of a conditional use permit. Uses classified as conditional uses, not uses prohibited by the regulations of this SMP, may be authorized provided that the applicant can demonstrate all of the following:


i. That the proposed use will be consistent with the policies of RCW 90.58.020, the policies of this SMP, the City of Puyallup Comprehensive Plan and other applicable plans, programs and/or regulations;

ii. That the proposed use will not interfere with the normal public use of public shorelines;

iii. That 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 Shoreline Master Program.

iv. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;

v. That the public interest suffers no substantial detrimental effect;

In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.

Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program. Uses which are specifically prohibited by the master program may not be authorized through a shoreline conditional use permit. The Hearing Examiner may attach conditions to the approval of permits as necessary to assure consistency of the proposal with WAC 173-27-160 and this Program.

3. Shoreline Variance Permits

a. Purpose

The purpose of a Shoreline Variance Permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in this SMP. Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect.

b. Process

An open record decision hearing by the City of Puyallup’s Hearing Examiner is required for a variance permit. Public notice of complete application, date of public hearing and final decision is required as described in Section E. Ecology is the final approving authority for variance permits.


http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.020



The criteria below shall constitute the minimum criteria for review and approval of a Shoreline Variance Permit.

Variance permits for development that will be located landward of the ordinary high water mark and/or upland of any wetland as defined in RCW 90.58.030 (2)(h) may be authorized provided the applicant can demonstrate all of the following:

i. That the strict application of the bulk, dimensional or performance standards set forth in the Master Program precludes, or significantly interferes with a reasonable use of the property not otherwise prohibited by this SMP;

ii. That the hardship described above 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 the Master Program, and not, for example, from deed restrictions or the applicant's own actions;

iii. 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 Shoreline Master Program and will not cause adverse impacts to the shoreline environment;

iv. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

v. That the variance requested is the minimum necessary to afford relief; and

vi. That the public interest will suffer no substantial detrimental effect.

Variance permits for development and/or uses that will be located waterward of the ordinary high water mark or within any wetland may be authorized provided the applicant can demonstrate all the criteria stated above as well as the following:

i. That the strict application of the bulk, dimensional or performance standards set forth in this SMP precludes all reasonable use of the property not otherwise prohibited by this SMP; and

ii. That the public rights of navigation and use of the shorelines will not be adversely affected.

In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example if variances were granted to other developments and/or uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. Variances from the use regulations of the master program are prohibited.



D. STATEMENT OF EXEMPTION

Development or activities that are exempt from the requirement to obtain a Substantial Development Permit as established in WAC 173-27-040 (see appendix D) are required to obtain a letter of exemption from the Shoreline Administrator.

1. The City shall prepare a letter of exemption, addressed to the applicant and the Department of Ecology, whenever a development is determined by the Administrator to be exempt from the Substantial Development Permit requirements.

2. A statement of exemption must be obtained from the Administrator for a development activity or use that is exempt from a Substantial Development Permit, but which requires other permit approvals, such as a building permit.

The statement of exemption shall indicate the specific exemption provision from WAC 173-27-040 (see appendix D) that is being applied to the development and provide a summary of the Administrator’s analysis of the consistency of the project with the Master Program and the Act. According to State guidelines, the burden of proof that a development activity or use is exempt from the permit process is on the applicant.

The statement of exemption shall provide an itemization of the Program’s requirements and other requirements applicable to the proposed project in conjunction with other permit processes. The Administrator may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Act and the Puyallup Shoreline Master Program.

E. PUBLIC NOTIFICATION REQUIREMENTS

Upon submittal of a complete application for Substantial Development, shoreline conditional use or shoreline variance permit, the Administrator shall publish a notice of application at least once a week on the same day of the week for 2 consecutive weeks in a newspaper of general circulation within the area in which the development is proposed. The notice of application shall include a statement of the public comment period, which shall not be less than 30 calendar days following the date of application completeness as determined by the Shoreline Administrator or designee. Notice of application shall contain the information required by WAC 173-27-110. The Administrator shall also follow the procedures prescribed in PMC 20.11.012.

A notice of public hearing and notice of final decision shall also be made pursuant to PMC 20.12.010 and PMC 20.11.012, respectively. Notice of public hearing shall be provided via direct mailing at least 15 days prior to the date of a public hearing on a shoreline development permit to all property owners within 300’ of the area of work or development site. The development site shall be posted with a public notice board, at the applicant’s expense, using public notice signs as prepared and provided by the city.


Public Noticing Action

Required Timeline/Procedure

Notice of application (NOA) for shoreline substantial development, variance or conditional use permit

City staff will evaluate an application for completeness within fourteen (14) days of submittal (see subsection (2) of WAC 173-27-110 for required information in the notice). The Shoreline Administrator shall provide written notification to the applicant of status of application completeness within 14 days of Department receipt.

Immediately following a determination of application completeness, the Shoreline Administrator shall provide all property owners within 300’ of the site, all affected Tribal Governments and any other government entity affected by the proposal with formal Notice of Application. If the project site abuts another government jurisdiction or the project is anticipated to affect that other city or county, notice shall be provided to that jurisdiction as well. Notice of Complete Application (NOA) publication will be mailed with at least thirty (30) days for the public to comment on the application from the date the public notice was published (before a final decision is rendered).

The Administrator shall also publish a notice of application at least once a week on the same day of the week for 2 consecutive weeks in a newspaper of general circulation within the area in which the development is proposed.

Notice of Public Hearing

Notice of public hearing shall be provided via direct mailing at least 15 days prior to the date of a public hearing on a shoreline permit (e.g. substantial development permit, shoreline variance, shoreline conditional use) to all property owners within 300’ of the area of work or development site. The development site shall be posted with a public notice board, at the applicant’s expense, using public notice signs as prepared and provided by the city.

F. APPLICATION REQUIREMENTS

Prior to submitting a complete application for a Shoreline Substantial Development, shoreline conditional use or shoreline variance permit, the applicant may request a pre-application meeting. This will enable the applicant to become familiar with the requirements of the Program, other applicable regulations, and the permitting process. A pre-application form, site map, conceptual plan and other applicable documents pertinent to the project is required to initiate the pre-application process.

To apply for a Statement of Exemption, Substantial Development, Shoreline Conditional Use or Shoreline Variance permit, obtain the applicable permit form from the Development Services Center. Application forms identify the necessary information to be submitted with the application and applicable permit fees.

G. PUBLIC HEARING BY THE HEARING EXAMINER

A public hearing shall be held by the Hearing Examiner regarding an application for a shoreline Substantial Development, shoreline Conditional Use or shoreline Variance permit. The public hearing should be held at the earliest possible date after the thirty (30) day public comment period has ended. Any applicable SEPA determination related to the


project proposal must be finalized prior to a public hearing on the applicable shoreline permit(s) related to the project action. The Hearing Examiner shall review the application and related information and make a decision to approve, approve with conditions, or deny the application for a shoreline Substantial Development, shoreline Conditional Use or shoreline Variance permit.

The Hearing Examiner shall review an application for a Substantial Development, Conditional Use or Variance permit using the following information:

1. The application

2. Applicable SEPA documents

3. Written and oral comments from interested persons

4. Information and comment from other City departments

5. Evidence presented at the public hearing

6. Independent study of the Planning Department

7. The findings, conclusions and recommendations of the Administrator

H. APPEALS

1. Appeals of administrative interpretations and statements of exemption may be made to the Puyallup Office of the Hearing Examiner. Appeals of Hearing Examiner decisions on shoreline Substantial Development, shoreline Conditional Use, shoreline Variance permit decisions as well as Hearing Examiner appeal decisions regarding administrative interpretations/exemption statements shall be heard by the City of Puyallup Appellate Hearing Examiner. Appeals and appeal timelines of Hearing Examiner decisions shall follow procedures established by PMC 2.54.150. All appeals of Hearing Examiner decisions related to shoreline permits shall be made within 15 business days of the date a final decision is rendered. After expiration of the local appeal period of 15 business days, the city’s shoreline permit decision related to shoreline Substantial Development, Conditional use and/or shoreline Variance permits shall be submitted to the Department of Ecology for final review, approval and filing.

2. Appeals of any final permit decision may be made to the Shorelines Hearing Board as governed by the procedures established in RCW 90.58.180 and WAC 461-08. All appeals of any final permit decision must be made to the Shorelines Hearing Board within twenty-one (21) days from the date of filing concerning the shoreline permit or formal approval to revisions of the permit.

I. PERMIT REVISIONS

A permit revision is required whenever an applicant proposes substantive changes to the design, terms or conditions of a project from that which was approved in the permit. When a revision of a permit is sought, the applicant shall submit detailed plans and text describing the proposed changes in the permit and demonstrating compliance with minimum standards pursuant to WAC 173-27-100.


If the proposed changes are determined by the Administrator to be within the scope and intent of the original permit, and are consistent with the SMA, the Guidelines, and this SMP, the revision shall be approved. Decisions on all permit revisions shall be filed with Ecology. If the revision to the original permit involves a conditional use or variance, the revision shall be submitted to Ecology for approval, approval with conditions, or denial.

J. NONCONFORMING USE OR DEVELOPMENT

A nonconforming use or development is a shoreline use or development which was lawfully constructed or established prior to the effective date of the Act or the Master Program, or amendments thereto, but which does not conform to present regulations or standards of the Program. In such cases, the use or development may continue subject to the provisions of WAC 173-27-080, Nonconforming Uses and Development Standards.

Chapter 21.06 CRITICAL AREAS

Sections:

Article I. Purpose and General Provisions

21.06.110 Purpose.

21.06.120 Intent.

21.06.130 Findings.

21.06.140 Identification and mapping of critical areas.

21.06.150 Protection of critical areas.

21.06.160 Limited density transfer from critical area buffers.

Article II. Definitions

21.06.210 Definitions.

Article III. Applicability/Regulated Activities

21.06.310 Applicability of provisions.

21.06.320 Regulated activities.

21.06.330 Nonconforming uses.

Article IV. Exemptions and Exceptions

21.06.410 Exempt activities.

21.06.420 Public agency and utility exception.

21.06.430 Reasonable use exception.

21.06.440 Exception for minor new developments in buffers.

Article V. Critical Area Reporting Requirements and Permit Process

21.06.510 Preapplication conference.

21.06.520 Critical area identification form.

21.06.530 General critical area report requirements.

21.06.540 Consultant qualifications and city review.

http://www.codepublishing.com/WA/Puyallup/html/Puyallup21/Puyallup2106.html#21.06.110


















21.06.550 Permit process.

21.06.560 Appeals of director’s determination.

Article VI. Mitigation

21.06.610 General mitigation requirements.

21.06.620 General mitigation plan requirements.

21.06.630 Mitigation monitoring.

21.06.640 Innovative mitigation.

21.06.650 Surety to ensure implementation, maintenance, and monitoring.

Article VII. Enforcement

21.06.710 Unauthorized critical area alterations.

21.06.720 Penalties.

Article VIII. Critical Area Protective Measures

21.06.810 Critical area signs and fencing.

21.06.820 Notice on title.

21.06.830 Critical area tracts.

21.06.840 Building setbacks.

Article IX. Wetlands

21.06.910 Designation, mapping, and rating.

21.06.920 Performance standards – Alteration of wetlands.

21.06.930 Performance standards – Wetland buffer widths.

21.06.940 Performance standards – Wetland buffer uses.

21.06.950 Critical area report requirements for wetlands.

21.06.960 Wetland mitigation – General requirements.

21.06.970 Wetland mitigation – Replacement ratios.

21.06.980 Wetlands mitigation – Additional types of mitigation.

Article X. Fish and Wildlife Habitat Areas
























21.06.1020 Performance standards – Alteration of fish and wildlife habitat areas.

21.06.1030 Performance standards – Alteration of streams and riparian habitats.

21.06.1040 Performance standards – Alteration of nonriparian habitats.

21.06.1050 Performance standards – Stream and riparian buffer widths.

21.06.1060 Nonriparian habitat area buffer widths.

21.06.1070 Critical area report requirements for fish and wildlife habitat areas.

21.06.1080 Mitigation standards for fish and wildlife habitat areas.

Article XI. Critical Aquifer Recharge Areas

21.06.1110 Designation, mapping and rating.

21.06.1120 Performance standards – Alteration of critical aquifer recharge areas.

21.06.1130 Performance standards – Specific uses.

21.06.1140 Performance standards – Prohibited uses.

21.06.1150 Critical area report requirements for critical aquifer recharge areas.

Article XII. Geologically Hazardous Areas

21.06.1210 Designation, mapping, and classification.

21.06.1220 General standards – Alteration of geologically hazardous areas.

21.06.1230 Performance standards – Alteration of landslide and erosion hazard areas.

21.06.1240 Performance standards – Landslide and erosion hazard area buffers.

21.06.1250 Performance standards – Seismic hazard areas.

21.06.1260 Performance standards – Volcanic hazard areas.

21.06.1270 Critical area report requirements for geologically hazardous areas.

Article I. Purpose and General Provisions

21.06.110 Purpose.

(1) The purpose of this chapter is to designate and classify environmentally critical areas and to protect these

areas and their functions and values, while also allowing for economically beneficial or productive use of land

on private property. By limiting development and alteration of critical areas, the city seeks to:

(a) Protect members of the public and public resources and facilities from injury, loss of life, or

property damage due to landslides, steep slope failures, erosion, seismic events, volcanic

eruptions, or flooding;




















(b) Protect citizens and the unique, fragile, and valuable elements of the environment, including

ground and surface waters, wetlands, anadromous fish species, and other fish and wildlife and

their habitats;

(c) Prevent adverse and cumulative environmental impacts to critical areas, direct activities not

dependent on critical area resources to less ecologically sensitive sites, and mitigate

unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas;

(d) Protect species listed as threatened or endangered under the Federal Endangered Species

Act of 1973 (16 USC 1531 through 1534) and their habitats by prohibiting activities that kill,

harass, harm, trap, collect, wound, hunt, or pursue such species/habitats. (Ord. 2859 § 1, 2006).

21.06.120 Intent.

(1) The intent of this chapter is to avoid impacts from alteration of critical areas where such avoidance is

feasible and reasonable. It is the further intent of this chapter to:

(a) Implement the goals, objectives, and policies of the city’s comprehensive plan;

(b) Serve as a basis for exercise of the city’s substantive authority under the State

Environmental Policy Act (SEPA) and the city’s SEPA rules;

(c) Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and

implement rules and guidelines 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) Coordinate the city’s critical area protection activity and programs with other jurisdictions;

(e) Coordinate environmental review and permitting of proposals to avoid duplication and delay;

(f) Use flexibility, as permitted by this chapter, to establish buffer width and area standards and

reasonable use on a case-by-case basis, considering the functions and values of the critical

area and particular constraints on a parcel of land that may make compliance with the strictest

standards of this chapter difficult and unreasonable; and

(2) The city’s enactment or enforcement of this chapter shall not be construed for the benefit of any individual

person or group of persons other than the general public. (Ord. 2859 § 1, 2006).

http://www.law.cornell.edu/uscode/text/16

http://www.law.cornell.edu/uscode/text/16/1531

http://www.law.cornell.edu/uscode/text/16/1534

http://www.codepublishing.com/cgi-bin/rcw.pl?cite=36.70A

http://www.codepublishing.com/cgi-bin/wac.pl?cite=365-195-900


21.06.130 Findings.

The city finds that critical areas contain valuable natural resources, provide natural scenic qualities important to

the character of the community, perform important ecological functions and processes, and/or present a hazard

to life and property. With respect to particular critical areas, the city finds as follows:

(1) Wetlands.

(a) Wetlands perform numerous important ecological functions, including, but not limited to,

provision of wildlife and fish habitat, water quality enhancement, flood and erosion control,

ground water recharge and discharge, shoreline stabilization, research and education

opportunity, and recreation.

(b) To achieve the goal of “no net loss,” as defined in PMC 21.06.210(87), of wetland functions

and values within the city, the regulations of this chapter are intended to discourage or prohibit:

(i) Activities that block water flows, or damage or destroy flood storage areas or storm

barriers, thereby resulting in greater potential flood damages;

(ii) Disposal of wastewater or solid wastes, or creation of unstable fills inappropriate to the

function of wetlands, which may result in water pollution;

(iii) Application of pesticides, herbicides and algicides on wetlands unless warranted to

protect the ecological functions of the wetland;

(iv) Activities that limit the function of a wetland to control erosion or runoff; provide water

storage; or provide wildlife breeding, spawning, nesting, wintering, or feeding grounds; and

(v) Activities that detract from a wetland’s value in providing educational experiences,

recreational uses, and/or open space.

(2) Fish and Wildlife Habitat Areas.

(a) Rivers, streams, and other fish and wildlife habitats perform many important biological and

physical functions that benefit the fish and wildlife species inhabiting the region. These functions

include, but are not limited to: providing cover, breeding/spawning habitat, and food for fish and

wildlife species; maintaining water quality; storing and conveying storm and flood water; and

recharging ground water.


(b) Habitat areas also serve as a valuable resource for city residents by providing areas for

recreation, education, scientific study, and aesthetic appreciation. Protection of these systems is

necessary to protect the public health, safety, and general welfare.

(3) Critical Aquifer Recharge Areas. Areas that have a critical recharging effect on ground water are essential

for maintaining public water supplies including supplies of potable drinking water. These areas are susceptible

to contamination from certain land use activities, and therefore must be protected.

(4) Geologically Hazardous Areas. Geologically hazardous areas pose a risk to public property, welfare, and to

the natural systems that make up the environment of the city. Natural processes make these areas susceptible

to landslides, erosion, and volcanic and seismic events. Therefore, regulation of these areas to avoid or

minimize geologic hazards is necessary to protect the health, safety, and general welfare of Puyallup’s citizens.

(5) Frequently Flooded Areas. Areas subject to frequent flooding provide valuable habitat for many fish and

wildlife species and also pose a risk to public health and safety. Protection of floodplains and areas subject to

frequent flooding is necessary to protect human life and property. Protection and management of frequently

flooded areas shall be in accordance with the provisions of Chapter 21.07 PMC, Flood Damage Protection.

(Ord. 2859 § 1, 2006).

21.06.140 Identification and mapping of critical areas.

(1) The city has identified portions of the Puyallup planning area, based on studies and field investigations,

where critical areas, or the conditions under which critical areas typically occur, are believed to exist. The

approximate location and extent of critical areas within the city’s corporate limits and the urban growth area are

shown on the maps on file at development services and as updated from time to time. These maps are

intended to be used as a general guide for the assistance of property owners and as information for the public.

Critical area locations and boundaries shown on the city’s maps are approximate; field investigation and

analysis by a qualified professional are required to confirm the existence and parameters of a critical area. In

the event of any conflict between the location, designation, or classification of a critical area shown on the city’s

maps and the criteria or standards of this chapter, the criteria and standards and the determination of any field

investigation shall prevail. All areas within the city meeting the definition of one or more critical area, regardless

of any formal identification, are hereby designated critical areas and are subject to the provisions of this

chapter.

http://www.codepublishing.com/WA/Puyallup/html/Puyallup21/Puyallup2107.html#21.07

(2) Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and

regulations to support the intent of this chapter and ensure protection of the functions and values of critical

areas. Adjacent shall mean any activity located:

(a) On a site immediately adjoining a critical area;

(b) A distance equal to or less than the required critical area buffer width and building setback;

(c) A distance equal to or less than one-quarter mile (1,320 feet) from a bald eagle nest;

(d) A distance equal to or less than 300 feet from a stream, wetland, or water body;

(e) Within the floodway, floodplain, or channel migration zone; or

(f) A distance equal to or less than 200 feet from a critical aquifer recharge area or geologically

hazardous area. (Ord. 2859 § 1, 2006).

21.06.150 Protection of critical areas.

(1) Any action taken pursuant to this chapter, as determined by the best available science, shall result in

equivalent or greater functions and values of the affected critical areas. All actions and developments shall be

designed and constructed to avoid and minimize all adverse impacts. Applicants are required to demonstrate

an inability to avoid or minimize impacts before restoration and compensation of impacts will be allowed.

(2) These critical area regulations shall apply as an overlay and in addition to zoning and other regulations

adopted by the city, and/or other agencies that may have jurisdiction over an area or activity. In the event of

any conflict between these regulations and any other regulations of the city, the regulations that provide greater

protection for critical areas shall apply.

(3) These critical area regulations shall apply concurrently with review conducted under the State

Environmental Policy Act (SEPA), as locally adopted, and any conditions resulting therefrom.

(4) Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and

local regulations and permit requirements that may be required. The applicant is responsible for complying with

all applicable requirements, apart from the requirements established in this chapter.

(5) Areas characterized by a particular critical area may also be subject to other regulations established by this

chapter due to the overlap or multiple functions of some critical areas. Any individual critical area adjoined by

another type of critical area shall have a buffer and meet the requirements that provide the most protection to

the critical areas involved.

(6) The provisions of this chapter shall be held to be minimum requirements in their interpretation and

application and shall be liberally construed to serve the purposes of this chapter. The director shall have

authority to interpret the meaning of words and sentences set forth in this chapter and the determination of how

specific actions and situations are regulated by this chapter. Any appeals of such interpretation or

determination shall be in accordance with Chapter 20.87 PMC. (Ord. 2859 § 1, 2006).

21.06.160 Limited density transfer from critical area buffers.

(1) Provisions allowing limited density transfer from critical area buffers are contained in the following sections:

(a) For RS (single-family residential) see PMC 20.20.040(16);

(b) For RM (multifamily residential) see PMC 20.25.040(18); and

(c) For PD (planned development) see PMC 20.40.025(13). (Ord. 2859 § 1, 2006).

Article II. Definitions

21.06.210 Definitions.

For purposes of this chapter, the following definitions shall apply:

(1) “Actively farmed” means land that has a documented history of ongoing agricultural use and that is currently

used primarily for the production of crops and/or raising or keeping livestock.

(2) “Adaptive management” means using scientific methods to evaluate how well regulatory and nonregulatory

actions protect the critical area. An adaptive management program is a formal and deliberate scientific

approach to taking action and obtaining information in the face of uncertainty.

(3) “Advance mitigation” means compensation, in the form of creation, restoration, or enhancement, for an

anticipated critical area impact that is completed prior to the impact for which it compensates. The

compensation must be in accordance with a city-approved plan.

(4) “Agricultural land” is land primarily devoted to the commercial production of horticultural, viticultural,

floricultural, dairy, apiary, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not





subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, or land that has been

designated as long-term commercial significance for agricultural production.

(5) “Alteration” means any human-induced change in an existing condition of a critical area or its buffer.

Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), draining,

construction, compaction, excavation, or any other activity that changes the character of the critical area.

(6) “Anadromous fish” means those species that migrate up rivers from salt water to spawn in fresh water.

(7) “Applicant” means the person, party, firm, corporation, or other entity that proposes any activity that could

affect an environmentally critical area. An applicant could be the owner of the land on which that proposed

activity would occur, a contract purchaser, or the authorized agent of such a person.

(8) “Aquifer” means a geological formation, group of formations or part of a formation that is capable of yielding

a significant amount of water to a well or spring.

(9) “Aquifer recharge areas” are areas that, due to the presence of certain soils, geology, and surface water,

act to recharge ground water by percolation.

(10) “Aquifer susceptibility” means the ease with which contaminants can move from the land surface to the

aquifer based solely on the types of surface and subsurface materials in the area. Susceptibility usually defines

the rate at which a contaminant will reach an aquifer unimpeded by chemical interactions with the vadose zone

media.

(11) “Aquifer vulnerability” is the combined effect of susceptibility to contamination and the presence of

potential contaminants.

(12) “Base flood” is a flood event having a one percent chance of being equaled or exceeded in any given year,

also referred to as the “100-year flood.”

(13) “Best available science” means information from research, inventory, monitoring, surveys, modeling and

assessments that is used to designate, protect, or restore critical areas. As defined by WAC 365-195-900

through 365-195-925, best available science is derived from a process that includes peer-reviewed literature,

standard methods, quantitative analysis and documented references to produce reliable information.

(14) “Best management practices (BMPs)” means conservation practices, or systems of practices and

management measures, that:

http://www.codepublishing.com/cgi-bin/rcw.pl?cite=84.33.100




(a) Control soil loss and reduce water quality degradation caused by high concentrations of

nutrients, animal waste, toxics, and/or sediment;

(b) Minimize adverse impacts to surface water and ground water flow, circulation patterns, and

to the chemical, physical, and biological characteristics of wetlands and streams;

(c) Protect trees and other vegetation designated to be retained during and following site

construction; and

(d) Provide standards for proper use of chemical herbicides and pesticides within critical areas.

(15) “Buffer” or “buffer area” means the area or zone contiguous to a critical area that protects the integrity or

functions and values of a critical area from potential adverse impacts, or areas that are an integral part of an

affected resource’s ecosystem.

(16) “Case I lahars” means lahars that originate as enormous avalanches of weak, chemically altered rock from

a volcano. Case I lahars can occur with or without eruptive activity. The average reoccurrence rate for Case I

lahars on Mount Rainier is estimated to be about 500 to 1,000 years.

(17) “Case II lahars” means relatively large lahars, which most commonly are caused by the melting of snow

and glacier ice by hot rock fragments during an eruption, but which can also have a noneruptive origin. The

average time interval between Case II lahars from Mount Rainier is estimated to be near the lower end of the

100- to 500-year range, making these flows analogous to the 100-year flood.

(18) “City” means the city of Puyallup.

(19) “Channel migration zone (CMZ)” means the area along a river within which the channel can be reasonably

predicted to migrate over time as a result of natural or normally occurring processes when considered with the

characteristics of the river.

(20) “Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site,

which exposes the earth’s surface of the site.

(21) “Compensatory mitigation” means a mitigation project for the purpose of replacing, at an equivalent or

greater level, unavoidable critical area and buffer impacts that remain after all appropriate and practicable

avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not

limited to, wetland creation, restoration, enhancement, and preservation; stream restoration and relocation; and

buffer enhancement.

(22) “Conservation easement” means a legal agreement that the property owner enters into to restrict uses of

the land. The easement is recorded on a property deed, runs with the land, and is legally binding on all present

and future owners of the property.

(23) “Covered assembly” means any structure that has the potential to provide capacity for large numbers of

people or assemblies such as but not limited to convention centers, churches, theatres, etc.

(24) “Critical area(s)” means wetlands, fish and wildlife habitat areas, critical aquifer recharge areas,

geologically hazardous areas, and frequently flooded areas as defined herein.

(25) “Critical area report” means a report prepared by a qualified professional based on best available science,

and the specific methods and standards for technical study required for each applicable critical area.

Geotechnical reports and hydrogeological reports are critical area reports specific to geologically hazardous

areas and critical aquifer recharge areas, respectively.

(26) “Critical area tract” means land held in private ownership and retained in an open condition in perpetuity

for the protection of critical areas.

(27) “Critical aquifer recharge area” means an area designated by WAC 365-190-080(2) that is determined to

have a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2).

(28) “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, as defined by this chapter, but are not limited to,

essential facilities, hazardous facilities, special occupancy structures, and covered assemblies.

(29) “Critical habitat” means habitat areas with which endangered, threatened, sensitive or monitored plant or

wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas

are identified herein with reference to lists, categories, and definitions promulgated by the Washington

Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the Priority Habitat and

Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S.

Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such

designations.

(30) “Department” means the city of Puyallup development services department.





(31) “Development” means any activity upon the land consisting of construction or alteration of structures, earth

movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of

piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes

the storage or use of equipment or materials inconsistent with the property’s existing use. Development also

includes approvals issued by the city that bind land to specific patterns of use, including, but not limited to,

subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development

activity does not include the following activities:

(a) Interior building improvements;

(b) Exterior structure maintenance activities, including painting and roofing;

(c) Routine landscape maintenance of established, ornamental landscaping, such as lawn

mowing, pruning and weeding; or

(d) Maintenance of existing septic tanks (routine cleaning), wells, individual utility service

connections, or individual cemetery plots in established and approved cemeteries, which does

not expand the affected area.

(32) “Director” means the city of Puyallup planning director or his/her designee.

(33) “Disturbance” means alteration of a critical area or associated buffer as defined in PMC 21.06.210(5).

(34) “Ditch” means any graded (manmade) channel installed to collect and convey runoff from fields and

roadways. Ditches include irrigation ditches, wasteways, drains, outfalls, operational spillways, channels, storm

water runoff facilities or other wholly artificial watercourses, except those that directly result from the

modification to a natural watercourse.

(35) “DRASTIC” is an acronym for a model developed by the National Water Well Association and

Environmental Protection Agency to measure aquifer susceptibility and available at the Pierce County health

department.

(36) “Enhancement” means actions performed within an existing degraded critical area and/or buffer to

intentionally increase or augment one or more functions or values of the existing critical area or buffer.

Enhancement actions include, but are not limited to, increasing plant diversity, increasing wildlife habitat,

installing environmentally compatible erosion controls, or removing nonindigenous plant or animal species.


(37) “Emergency activities” are those activities necessary to prevent an immediate threat to public health,

safety, or welfare, or an immediate risk of damage to private property and that require remedial or preventative

action in a timeframe too short to allow for compliance with the requirements of this chapter.

(38) “Emergent wetland” means a wetland with at least 30 percent of the surface area covered by erect, rooted,

herbaceous vegetation extending above the water surface as the uppermost vegetative stratum.

(39) “Erosion” means a process whereby wind, rain, water and other natural agents mobilize and transport soil

particles.

(40) “Erosion hazard areas” means lands or areas underlain by soils identified by the U.S. Department of

Agriculture Natural Resource Conservation Service (NRCS) as having “severe” or “very severe” erosion

hazards. These include, but are not limited to, the following group of soils when they occur on slopes of 15

percent or greater: Alderwood gravelly sandy loam, Indianola gravelly loam, Kapowsin gravelly loam, Kitsap silt

loam (KpD), and Xerochrepts.

(41) “Essential facilities” means those facilities that are necessary to maintain life, health, welfare and safety

functions including, but not limited to: fire and police stations; emergency medical facilities or medical facilities

containing surgery or emergency treatment areas; emergency response services or preparedness centers and

their associated buildings, shelters, or vehicle storage areas; jails and detention centers; structures and

equipment in government communications centers and other facilities required for emergency response;

power-generating stations, standby power-generating equipment or other types of public utility facilities that if

interrupted would cause disruption to normal living and business operations; wastewater treatment plants; and

tanks or other structures containing, housing or supporting water or other fire-suppression material or

equipment.

(42) “Excavation” means the mechanical removal of earth material.

(43) “Existing and ongoing agricultural activities” means those activities conducted on lands defined in RCW

84.34.020(2), and those activities involved in the production of crops and livestock, including, but not limited to,

operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes

between agricultural activities, and maintenance or repair of existing serviceable structures and facilities.

Activities that result in the filling of an area or bring an area into agricultural use are not part of an ongoing

activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a

nonagricultural use, or has lain idle for more than five years unless that idle land is registered in a federal or

state soils conservation program. Forest practices are not included in this definition.


(44) “Exotic” means any species of plant or wildlife that is not native to the Puget Sound area.

(45) “Fen” means a type of wetland similar to a bog that is wholly or partly covered with water and dominated

by grass-like plants, grasses, and sedges. Fens accumulate peat soil and are alkaline rather than acid.

(46) “Fill material” means a deposit of earth material.

(47) “Filling” means the act of transporting or placing by any manual or mechanical means fill material from, to,

or on any soil surface, including temporary stockpiling of fill material.

(48) “Fish and wildlife habitat 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;

(c) Streams and surface waters within the jurisdiction of the state of Washington; and

(d) Land essential for preserving connections between habitats and open spaces.

(49) “Fish habitat” means habitat that is used by fish at any life stage during any time of the year, including

potential habitat likely to be used by fish that could be recovered by restoration or management, and off-

channel habitat.

(50) “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 of

surface waters from any source.

(51) “Floodplain” means the total land area adjoining a river, stream, watercourse, or lake subject to inundation

by the base flood.

(52) “Floodway” means the channel of a river or other watercourse and the adjacent land area that must be

reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more

than one foot. Also known as the “zero-rise floodway.”


(53) “Forested wetland” means a wetland with at least 30 percent of the surface area covered by woody

vegetation greater than 20 feet in height that is at least partially rooted within the wetland.

(54) “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 100-year floodplain designations of the Federal Emergency

Management Agency and the National Flood Insurance Program.

(55) “Function assessment” or “functions and values assessment” means a set of procedures, applied by a

qualified consultant, to identify the ecological functions being performed in a wetland or other critical area,

usually by determining the presence of certain characteristics, and determining how well the critical area is

performing those functions. Function assessments can be qualitative or quantitative and may consider social

values potentially provided by the wetland or other critical area. Function assessment methods must be

consistent with best available science.

(56) “Function and value” 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, wave attenuation, protection from

hazards, historical and archaeological and aesthetic value protection, noise and visual screening, open space,

and recreation. These beneficial roles are not listed in order of priority.

(57) “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 processes as designated by WAC 365-190-080(4). Types of geologically hazardous areas

include: erosion, landslide, seismic, and volcanic hazards.

(58) “Grading” means any excavating or filling of the earth’s surface or combination thereof.

(59) “Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water

body.

(60) “Ground water management area” means a specific geographic area or subarea designated pursuant to

Chapter 173-100 WAC for which a ground water management program is required.



http://www.codepublishing.com/cgi-bin/wac.pl?cite=173-100

(61) “Ground water management program” means a comprehensive program designed to protect ground water

quality, to assure ground water quantity, and to provide for efficient management of water resources while

recognizing existing ground water rights and meeting future needs consistent with local and state objectives,

policies and authorities within a designated ground water management area or subarea and developed

pursuant to Chapter 173-100 WAC.

(62) “Growth Management Act” means Chapters 36.70A and 36.70B RCW as amended.

(63) “Habitat management” means management of land to maintain species in suitable habitats within their

natural geographic distribution so that subpopulations are not isolated. This does not imply maintaining all

habitat or individuals of all species in all cases.

(64) “Hazardous facilities” means those occupancies or structures housing or supporting toxic or explosive

chemicals or substances and any nonbuilding structures housing, supporting or containing quantities of toxic or

explosive substances that, if contained within a building, would cause that building to be defined as a

hazardous facility in the determination of the city building official.

(65) “Hazardous substance” means any liquid, solid, gas, or sludge, including any material, substance, product,

commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties

described in WAC 173-303-090 or 173-303-100.

(66) “Hydraulic project approval (HPA)” means a permit issued by the state Department of Fish and Wildlife for

modifications to waters of the state in accordance with Chapter 75.20 RCW.

(67) “Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to

develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the

methods described in the approved federal manual and applicable regional supplements (RCW 36.70A.175).

(68) “Hydrologic soil groups” means soils grouped according to their runoff-producing characteristics under

similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water

table, intake rate and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil

groups are normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of

water transmission in soil. There are four hydrologic soil groups:

(a) Low runoff potential and a high rate of infiltration potential;

(b) Moderate infiltration potential and a moderate rate of runoff potential;


http://www.codepublishing.com/cgi-bin/rcw.pl?cite=36.70A

http://www.codepublishing.com/cgi-bin/rcw.pl?cite=36.70B



http://www.codepublishing.com/cgi-bin/rcw.pl?cite=75.20

http://www.codepublishing.com/cgi-bin/rcw.pl?cite=36.70A.175

(c) Slow infiltration potential and a moderate to high rate of runoff potential; and

(d) High runoff potential and very slow infiltration and water transmission rates.

(69) “Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least

periodically deficient in oxygen as a result of excessive water content.

(70) “Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains some

portion of surface waters, serves as a filter for nutrients, and maintains water quality.

(71) “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the

soil mantle as under natural conditions prior to development or that causes water to run off the surface in

greater quantities or at an increased rate of flow compared to natural conditions prior to development. Common

impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or

storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other

surfaces which similarly impede the natural infiltration of storm water. Impervious surfaces do not include

surface created through proven low impact development techniques.

(72) “Infiltration” means the downward entry of water into the immediate surface of soil.

(73) “In-kind compensation” means to replace critical areas with substitute areas whose characteristics and

functions closely approximate those destroyed or degraded by a regulated activity.

(74) “Intentionally created wetland or surface water systems” means wetlands or surface water systems

created through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, canals,

farm ponds, detention/retention facilities, and landscape/ornamental amenities. Purposeful creation must be

demonstrated through documentation, photographs, statements and/or other evidence. Intentionally created

wetlands or surface water systems do not include areas or systems created as mitigation.

(75) “Isolated wetland” means a wetland that is hydrologically isolated from other aquatic resources, as

determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform important

functions and are protected by state law (Chapter 90.48 RCW) whether or not they are protected by federal

law.

(76) “Lake” means a naturally existing or artificially created body of standing water, including reservoirs, which

exists on a year-round basis and occurs in a depression of land or expanded part of a stream. A lake must be

greater than one acre in size, greater than 6.6 feet in depth at the deepest point, and have less than 30 percent


aerial coverage by trees, shrubs, or persistent emergent vegetation. A lake is bounded by the ordinary high

water mark or the extension of the elevation of the lake’s ordinary high water mark with the stream where the

stream enters the lake.

(77) “Lahars” means mudflows and debris flows originating from the slopes of a volcano.

(78) “Lahar inundation zone” means areas that have been inundated by Case I or Case II lahars or other types

of debris flows, according to a map showing volcano hazards from Mount Rainier, Washington.

(79) “Landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on

land including facilities that use solid waste as a component of fill.

(80) “Landslide” means downslope movement of a mass of soil or rock.

(81) “Landslide hazard areas” means areas that, due to a combination of site conditions like slope inclination

and relative soil permeability. are susceptible to landsliding.

(82) “Mature forested wetland” means a forested wetland where the largest trees are at least 80 years old or

have diameters at breast height of at least 21 inches.

(83) “Mitigation” means individual actions that may include a combination of the following measures, listed in

order of preference:

(a) Avoiding an impact altogether by not taking a certain action or parts of actions;

(b) Minimizing impacts by limiting the degree or magnitude of an action and its implementation;

(c) Rectifying impacts by repairing, rehabilitating, or restoring the affected environment;

(d) Reducing or eliminating an impact over time by preservation and maintenance operations

during the life of the action;

(e) Compensating for an impact by replacing or providing substitute resources or environments;

and

(f) Monitoring the mitigation and taking remedial action when necessary.

(84) “Monitoring” means evaluating the impacts of development proposals over time on the biological,

hydrological, pedological, and geological elements of such systems and/or assessing the performance of

required mitigation measures throughout the collection and analysis of data by various methods for the purpose

of understanding and documenting changes in natural ecosystems and features, and includes gathering

baseline data.

(85) “Native vegetation” means plant species that are indigenous to the Puget Sound area.

(86) “Native growth protection area (NGPA)” means an area where native vegetation is preserved for the

purpose of preventing harm to property and the environment, including, but not limited to, controlling surface

water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat.

(87) “No net loss” means the maintenance of the aggregate total of the city’s critical area, and their associated

functions and values, as achieved through a case-by-case review of development proposals. Each project shall

be evaluated based on its ability to meet the no net loss goal.

(88) “Nonconformity” means a nonconforming use or nonconforming building as defined in Chapter 20.65 PMC.

(89) “Off-site compensation” means to replace critical areas away from the site on which critical area impacts

have occurred.

(90) “On-site compensation” means to replace critical areas at or adjacent to the site on which critical area

impacts have occurred.

(91) “Ordinary high water mark (OHWM)” means that mark which is found by examining the bed and banks and

ascertaining where the presence and action of waters are so common and usual, and so long continued in all

ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation.

(92) “Out-of-kind mitigation” means replacement of critical areas or buffers with substitute critical areas or

buffers whose characteristics do not closely approximate those destroyed or degraded by a regulated activity.

(93) “Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of the

aquifer or confining bed and is independent of the force causing movement.

(94) “Pond” means a naturally existing or artificially created body of standing water that exists on a year-round

basis and occurs in a depression of land or expanded part of a stream. A pond must be less than or equal to

one acre and greater than 10,000 square feet in size, and greater than 6.6 feet in depth at the deepest point.


(95) “Porous soil types” means soils, as identified by the National Resources Conservation Service, U.S.

Department of Agriculture, that contain voids, pores, interstices or other openings which allow the passing of

water.

(96) “Potable water” means water that is safe and palatable for human use.

(97) “Potholes” are the series of natural ponds and depressions that collect storm and surface water and have

no natural outlets. Water exits these areas via infiltration and/or evaporation.

(98) “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.

(99) “Preservation” means actions taken to ensure the permanent protection of existing, ecologically important

critical areas and/or buffers that the city has deemed worthy of long-term protection.

(100) “Priority habitat” means areas with one or more of the following attributes: comparatively high wildlife

density; high wildlife species richness; significant wildlife breeding habitat; significant wildlife seasonal ranges;

significant movement corridors for wildlife; limited availability; and/or high vulnerability. Priority habitats have

unique or significant value to one or more species as classified by the Washington Department of Fish and

Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described

successional stage, or a specific structural element (WAC 173-26-020(34)).

(101) “Priority species” means wildlife species of concern due to their population status and their sensitivity to

habitat alteration, as defined by the Washington Department of Fish and Wildlife.

(102) “Project area” means a proposed development site and the lands within 50 feet of the area proposed to

be disturbed, altered, or used by the proposed activity.

(103) “Pruning” means mechanical removal of woody plant parts intended to maintain plant health by removing

dead, injured or diseased wood or to control or direct vegetative growth. Pruning, in a hillside and associated

buffer area, is an alteration activity subject to the provisions of this chapter.

(104) “Qualified professional” or “qualified consultant” shall mean 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). A qualified professional must have obtained a



B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries,

geomorphology or related field, and two years of related work experience and meet the following criteria:

(a) A qualified professional for habitats or wetlands must have a degree in biology and

professional experience related to the subject species;

(b) A qualified professional for geologically hazardous areas must be a professional engineer or

geologist, licensed in the state of Washington; and

(c) A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist,

engineer, or other scientist with experience in preparing hydrogeologic assessments.

(105) “Recharge” means the process involved in the absorption and addition of water to ground water.

(106) “Regulated activity” means activities occurring in or near and/or potentially affecting an environmentally

critical area or associated buffer that are subject to the provisions of this chapter. Regulated activities generally

include but are not limited to any filling, dredging, dumping or stockpiling, draining, excavation, flooding,

construction or reconstruction, driving pilings, obstructing, shading, clearing or harvesting.

(107) “Rehabilitation” means 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, stream or habitat

conservation area. 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

critical area function(s) but does not result in a gain in critical area acres.

(108) “Repair” or “maintenance” means an activity that restores the character, scope, size, and design of a

serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that

change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or

otherwise alter critical areas are not included in this definition.

(109) “Restoration” means measures taken to intentionally restore an altered or damaged natural feature

including:

(a) Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their

buffers to the functioning condition that existed prior to an unauthorized alteration;

(b) Actions performed to reestablish structural and functional characteristics of the critical area

that have been lost by alteration, past management activities, or other events; and

(c) Restoration can include restoration of wetland functions and values on a site where wetlands

previously existed, but are no longer present due to lack of water or hydric soils.

(110) “Rills” means steep-sided channels resulting from accelerated erosion. A rill is generally a few inches

deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes,

particularly steep slopes with poor vegetative cover.

(111) “Riparian habitat” means areas adjacent to streams and rivers that contain elements of both aquatic and

terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of

the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody

material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife.

Riparian habitat areas include those riparian areas severely altered or damaged due to human development

activities.

(112) “Scrub-shrub wetland” means a wetland with at least 30 percent of its surface area covered by woody

vegetation less than 20 feet in height as the uppermost strata.

(113) “Seismic hazard areas” means areas that are subject to severe risk of damage as a result of earthquake-

induced ground shaking, slope failure, settlement, or soil liquefaction.

(114) “SEPA” means the Washington State Environmental Policy Act, Chapter 43.21C RCW.

(115) “Shorelines” are all of the water areas of the state as defined in RCW 90.58.030, 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 20

cubic feet per second (cfs) or less and the wetlands associated with such upstream segments;

and

(c) Shorelines on lakes less than 20 acres in size and wetlands associated with such small

lakes.

http://www.codepublishing.com/cgi-bin/rcw.pl?cite=43.21C


(116) “Shorelines of the state” means the total of all “shorelines,” as defined in RCW 90.58.030(2)(d), and

“shorelines of statewide significance” within the state, as defined in RCW 90.58.030(2)(e).

(117) “Shorelines of statewide significance” means those areas defined in RCW 90.58.030(2)(e).

(118) “Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as

measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas

landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes

and tidal waters which are subject to the provisions of Chapter 90.58 RCW.

(119) “Significant habitat” means areas with one or more of the following attributes: comparatively high wildlife

density; high wildlife species diversity; important wildlife nesting or breeding areas; wildlife seasonal ranges or

refuge areas along migratory routes; important movement corridors for wildlife; and limited availability or high

vulnerability. These areas typically contain some feature that is particularly attractive to wildlife which in most

instances is water. To be considered a significant habitat, the area must be of sufficient size or functionally

linked to another significant habitat or critical habitat to allow continued functioning of the area at the level

described in this definition considering existing and proposed developments of noncritical areas in the vicinity.

(120) “Site” means any parcel or combination of contiguous parcels, or right-of-way or combination of

contiguous rights-of-way under the applicant’s ownership or control where the proposed project impacts a

critical area.

(121) “Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal

distance to vertical distance. In these regulations, slopes are generally expressed as a percentage. Percentage

of slope refers to a given rise in elevation over a given run or distance. A 40 percent slope, for example, refers

to a 40-foot rise in elevation over a horizontal distance of 100 feet.

(122) “Special occupancy structures” means those structures that have the potential to provide capacity for

special groups of people including, but not limited to, schools, day care centers, resident incapacitated patients,

etc.

(123) “Sphagnum bog” means a type of wetland dominated by mosses that form peat. Sphagnum bogs are

very acidic, nutrient-poor systems, fed by precipitation rather than surface inflow, with specially adapted plant

communities.





(124) “Storm water conveyance facilities” means biofiltration swales, dispersal trenches, storm water pipes, and

other facilities that carry storm water from a detention or treatment facility to a discharge location.

(125) “Storm water facility” means structures or lands used for the specific purpose of treating or managing

storm runoff. Storm water facilities include detention/retention ponds, wet ponds, media filtration facilities,

vaults, lagoons, infiltration basins, and other approved facilities constructed in accordance with the city’s storm

water management regulations.

(126) “Stream” means those areas where surface waters produce a defined channel or bed. A defined channel

or bed is an area that demonstrates clear evidence of the passage of water and includes, but is not limited to,

bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not

contain water year-round. Streams provide biological functions and habitat for aquatic organisms. Streams do

not include artificially created irrigation ditches, canals, storm or surface water runoff devices or other entirely

artificial watercourses unless they are used by anadromous or resident fish populations.

(127) “Structural diversity” means the relative degree of diversity or complexity of vegetation in a habitat area

as indicated by the stratification or layering of different plant communities (e.g., ground cover, shrub layer and

tree canopy); the variety of plant species; and the spacing or pattern of vegetation.

(128) “Sub-drainage basin” or “subbasin” means the drainage area of the highest order stream containing the

subject property impact area. Stream order is used to define the position of a stream in the hierarchy of

tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. Sub-drainage

basins are the upper watershed streams and have no tributaries of their own.

(129) “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 50 percent of the market value of the

structure before the damage occurred.

(130) “Surface water systems” means aquatic resources including rivers, streams, lakes, and ponds and

associated riparian habitat.

(131) “Unavoidable” means adverse impacts that remain after all appropriate and practicable avoidance and

minimization measures have been implemented.

(132) “Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the

public or individual recipients. Such services shall include, but are not limited to, water supply, electric power

with an associated voltage of 55,000 volts or less, natural gas, communications and sanitary sewer.

(133) “Volcanic hazard areas” means geologically hazardous areas that are subject to pyroclastic flows, lava

flows, debris avalanche, or inundation by debris flows, mudflows, or related flooding resulting from volcanic

activity.

(134) “Water Resources Inventory Area (WRIA)” means one of 62 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. The city is in WRIA 10.

(135) “Water table” means that surface in an unconfined aquifer at which the pressure is atmospheric. The

water table is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to

hold standing water.

(136) “Well” means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest

surface dimension for the purpose of withdrawing or injecting water or other liquids.

(137) “Wellhead protection area (WHPA)” means the portion of a zone of contribution for a well, wellfield or

spring, as defined using criteria established by the state Department of Ecology.

(138) “Wet season” means the period generally between November 1st and March 30th of most years when

soils are wet and prone to instability. The specific beginning and end of the wet season can vary from year to

year depending on weather conditions.

(139) “Wetlands” means areas that are inundated or saturated by surface water 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 from nonwetland sites,

including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,

retention 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. However, wetlands include those artificial wetlands intentionally created to mitigate wetland impacts.


(140) “Wetland buffer” means a designated area contiguous or adjacent to a wetland that is required for the

continued maintenance, function, and structural stability of the wetland.

(141) “Wetland creation” means the producing or forming of a wetland or surface water system through artificial

means from a dry upland site.

(142) “Wetland class” means the general appearance of the wetland based on the dominant vegetative life form

or the physiography and composition of the substrate. The uppermost layer of vegetation that possesses an

aerial coverage of 30 percent or greater of the wetland constitutes a wetland class. Multiple classes can exist in

a single wetland. Types of wetland classes include forest, scrub/shrub, emergent, and open water.

(143) “Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this

chapter.

(144) “Wetland mitigation bank” means a site where wetlands and buffers are restored, created, enhanced, or,

in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in

advance of authorized impacts to similar resources. (Ord. 3101 § 3, 2015; Ord. 2859 § 1, 2006).

Article III. Applicability/Regulated Activities

21.06.310 Applicability of provisions.

The provisions of this chapter shall apply to all lands, all land uses and development activity, and all structures

and facilities in the city, whether or not a permit or authorization is required, and shall apply to every person,

firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers

land within the city. Approval of a permit or development proposal pursuant to the provisions of this chapter

does not discharge the obligation of the applicant to comply with the provisions of this chapter. (Ord. 2859 § 1,

2006).

21.06.320 Regulated activities.

Activities subject to this chapter include, but are not limited to, the following:

(1) Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any

kind;

(2) Dumping, discharging or filling with any material;

(3) Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure, except where

the existing square footage or foundation footprint is not altered and meets the definition of a nonconforming

structure subject to the provisions of Chapter 20.65 PMC;

(4) Destroying or altering vegetation through clearing, harvesting, cutting, intentional burning, shading or

planting vegetation where these activities would alter the character of a critical area or buffer;

(5) Draining, flooding or disturbing the water level, water flow pattern, or water table;

(6) Activities that result in adverse changes in water temperature, physical or chemical characteristics of water

sources to wetlands or streams;

(7) Conversion of agricultural land to nonagricultural uses; and

(8) Application of pesticides, fertilizers and/or other chemicals in amounts or at times demonstrated as harmful

to wetlands, streams, wildlife habitats, or riparian corridors. (Ord. 2859 § 1, 2006).

21.06.330 Nonconforming uses.

An established use or existing structure lawfully created prior to adoption of this chapter, but which is not in

compliance with this chapter, may continue subject to the provisions of Chapter 20.65 PMC. (Ord. 2859 § 1,

2006).

Article IV. Exemptions and Exceptions

21.06.410 Exempt activities.

(1) Certain activities shall be exempt from the provisions of this chapter; provided, that they are conducted

using locally adopted best management practices and that they result in the least amount of impact to the

critical areas. Exempt activities include the following:

(a) Existing and ongoing agricultural activities as defined in this chapter, and established prior to

1992, that after that date do not cause permanent conversion of a critical area through actions

such as ditching, draining, clearing, grading, and/or filling; provided, that:

(i) The activity is conducted as part of normal agricultural activities. The exemption does

not apply to the full or partial conversion of agricultural land to nonagricultural uses;



(ii) The activity does not destroy, kill, harass, or otherwise harm species listed as

threatened or endangered under the Federal Endangered Species Act of 1973, or the

habitats on which those species depend;

(iii) The property or portion of the property considered for exemption has been actively

farmed since 1992, and not been idle for five consecutive years and there are no pending

development applications that would result in a conversion to a full or partial

nonagricultural use;

(iv) The agricultural activities comply with the flood hazard provisions of the city’s flood

damage protection Chapter 21.07 PMC and other city regulations;

(v) The exemption is limited to specific areas upon which lawfully established agricultural

activities are being conducted. A determination that a portion of a site is exempt does not

necessarily extend to other portions of the site; and

(vi) The agricultural activities are conducted in accordance with applicable Pierce County

conservation district standards and practices.

(b) Activities conducted pursuant to previous critical area review which includes activities

subject to previous development permits and approvals and construction approvals if all of the

following conditions have been met:

(i) The provisions of this chapter have been previously addressed as part of another

approval;

(ii) There have been no material changes in the potential impact to the critical area or

buffer since the prior review;

(iii) There is no new critical area information available for the site or adjacent areas and

there have been no substantial changes to site conditions since the original study was

prepared;

(iv) The permit or approval has not expired or, if no expiration date exists, no more than

five years have elapsed since the issuance of that permit or approval; and


(v) Compliance with any standards or conditions placed upon the prior permit or approval

has been achieved or secured.

(c) Public and private pedestrian trails, except in wetlands, fish and wildlife habitat areas, or

landslide and erosion hazard areas, subject to the following conditions:

(i) The trail surface meets all other requirements including water quality standards set forth

in the city’s storm water management regulations; and

(ii) Critical area and/or buffer widths are increased, where possible, equal to the width of

the trail corridor, including disturbed areas.

(d) Select vegetation removal activities including the following; provided, that no vegetation shall

be removed from a wetland, fish and wildlife habitat area, or erosion/landslide hazard area or

their associated buffers without approval:

(i) The removal of invasive weeds, such as Himalayan blackberry with hand labor, light

equipment, and/or herbicides;

(ii) All cut vegetation shall be left within the critical area or buffer unless removal is

warranted due to the potential for disease transmittal to other healthy vegetation or other

hazard; and

(iii) If a tree to be removed provides critical habitat, such as a raptor perch, a qualified

wildlife biologist shall be consulted to determine timing and methods of removal that will

minimize impacts.

(e) The removal of trees that are hazardous, posing a threat to public safety, or posing an

imminent risk of damage to private property, from critical areas and buffers; provided, that:

(i) The applicant submits a report from a certified arborist that documents the hazard and

provides a replanting schedule for the replacement trees;

(ii) Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by

a certified arborist;

(iii) The landowner shall replace any trees that are felled with new trees at a ratio of two

replacement trees for each tree felled or limbed within one year in accordance with an

approved restoration plan. To the extent possible, any felled trees shall be left on site as a

habitat feature/snag. The director may reduce the ratio when it can be demonstrated that a

lower ratio is adequate to protect critical areas. Tree species that are native to the area

shall be used; and

(iv) Hazard trees determined to pose an imminent threat or danger to public health or

safety, property, or cause serious environmental degradation may be removed by the

landowner prior to receiving written approval from city; provided, that a reasonable attempt

is made to contact the city prior to removal and, within 14 days following removal, the

landowner shall submit a restoration plan that demonstrates compliance with the

provisions of this chapter.

(f) The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other

hazardous substances, if necessary, and as approved by the director; provided, that their use

shall be restricted in accordance with Department of Fish and Wildlife Management

Recommendations, the regulations of the Department of Agriculture, and the U.S.

Environmental Protection Agency, and other applicable laws.

(g) Operation, maintenance, and/or repair of existing structures, infrastructure improvements,

utilities, public or private roads, dikes, levees or drainage systems, that do not require

construction permits, if the activity does not further alter, impact, or encroach upon the critical

area or buffer, and there is no increased risk to life or property as a result of the proposed

operation, maintenance, or repair.

(h) Normal maintenance of ground cover or other vegetation intentionally planted in a critical

area or buffer area that was disturbed prior to the effective date of the ordinance codified in this

chapter; provided, that no further disturbance is created.

(i) Minor site investigative work, such as surveys, soil logs, percolation tests and other related

activities, when required by the city, or a state or federal agency, where such activity does not

require construction of roads or substantial excavation or grading; provided, that impacts on

critical areas are minimized and disturbed areas are restored immediately to the pre-existing

level of function and value.

(j) Passive outdoor activities such as recreation, education, and scientific research activities that

do not alter or degrade the critical area or buffer, including fishing, hiking, and bird watching.

(k) Activities involving intentionally created wetlands or surface water systems as those terms

are defined in this chapter; provided, that wetlands, streams, lakes, or ponds created as

mitigation for approved land use activities or that provide critical habitat shall be regulated under

the provisions of this chapter.

(l) Emergency actions that impact a critical area or its buffer, provided such actions use

reasonable methods to address the emergency and have the least possible impact to the critical

area and its buffer. Prior to an emergency action, the director shall provide written

determination, on a case-by-case basis, of the emergency action that satisfies the general

requirements of this section. In the event a person or agency determines that the need to take

emergency action is so urgent that there is insufficient time for review by the director, such

emergency action may be taken immediately. Once the immediate threat related to the

emergency action has been addressed, any adverse impacts on critical areas shall be

minimized and mitigated fully in accordance with applicable sections of this chapter. Emergency

actions that must be undertaken immediately or for which there is insufficient time for full

compliance with this chapter include actions necessary to:

(i) Prevent an imminent threat to public health or safety;

(ii) Prevent imminent danger to public or private property; or

(iii) Prevent an imminent threat of serious environmental degradation.

(2) The applicant shall obtain written confirmation from the city that the proposed activities meet the

requirements for an exemption as defined by this section. Confirmation shall be obtained before the activity is

initiated. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. Any

incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity

shall be restored, rehabilitated, or replaced at the responsible party’s expense. (Ord. 3101 § 4, 2015; Ord. 2859

§ 1, 2006).

21.06.420 Public agency and utility exception.

(1) If the application of this chapter would prohibit a development proposal by a public agency to install or

provide streets or utilities, the agency or utility may apply for an exception pursuant to this section.

(2) An application for a public agency and utility exception shall be made to the city and shall include a critical

area identification form; a critical area report and mitigation plan, if necessary; and any other related project

documents/studies. The director shall issue a determination approving, approving with conditions, or denying

the request. This determination shall be based on a review of the submitted information, a site inspection, and

the proposal’s ability to comply with all of the following criteria:

(a) There is no other practical alternative to the proposed development with less impact on

critical areas and all reasonable measures have been taken to minimize impacts to critical

areas;

(b) The application of this chapter would unreasonably restrict the ability to provide street or

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 site; and

(d) The proposal includes measures to compensate for impacts to critical area function and

values consistent with the mitigation provisions of Article VI of this chapter and best available

science. (Ord. 2859 § 1, 2006).

21.06.430 Reasonable use exception.

(1) If the application of this chapter would deny all reasonable economic use of the subject property,

development as conditioned shall be allowed if the applicant also demonstrates all of the following to the

satisfaction of the director:

(a) That there is no feasible on-site alternative to the proposed activities, including reduction in

density, phasing of project implementation, change in timing of activities, revision of road and lot

layout, and/or related site planning considerations, that would allow a reasonable economic use

with less adverse impacts to critical areas and associated buffers;

(b) That the proposed activities will result in minimal alteration of existing contours, vegetation,

fish and wildlife resources, hydrological conditions, and geologic conditions with minimal effects

on critical area functions;

(c) That the proposed activities will not jeopardize the continued existence of endangered,

threatened, sensitive, or monitored species as listed by the federal government or the state of

Washington and will comply with other state and local laws;

(d) That the proposed activities will not cause significant degradation of ground water or surface

water quality;

(e) That there will be no damage to nearby property and no threat to the health or safety of

people on or off the site; and

(f) That the inability to derive reasonable economic use of the property is not the result of

actions by the applicant in segregating or dividing the property and creating the undevelopable

condition after the effective date of this chapter. (Ord. 2859 § 1, 2006).

21.06.440 Exception for minor new developments in buffers.

(1) Remodels and additions to an existing, legally established structure or impervious area that currently

encroaches on a wetland buffer, fish and wildlife habitat, or landslide/erosion hazard area buffer shall be

allowed as conditioned by all of the following criteria:

(a) The proposed minor development is consistent with the existing use of the site;

(b) The impacts on critical area functions and values are avoided and minimized to the

maximum extent possible consistent with the purpose and intent of this chapter;

(c) The affected area is located at least 25 feet from the critical area boundary;

(d) The minor development does not cause the existing structure/impervious surface to

encroach any closer to the critical area;

(e) There are no changes in slope stability, flood conditions, or drainage; and

(f) The minor development does not increase the affected site structural/impervious surface

footprint by more than the following:

(i) Twenty-five percent of the minor development proposal relates to a fish and wildlife

habitat buffer where a functional analysis by a qualified professional has demonstrated the

buffer is not a priority habitat (as defined by WDFW); or the buffer has been determined by

a qualified professional to not provide habitat for a state or federally designated

endangered, threatened, and sensitive species; or the buffer relates to a landslide/erosion

hazard area; or a wetland buffer when it relates to a wetland which has scored low for

habitat value (less than five points on the state wetland rating form);

(ii) Fifteen percent when the buffer relates to a wetland which has scored medium for

habitat value (less than five to seven points on the state wetland rating form);

(iii) Ten percent when the buffer relates to a wetland which has scored high for habitat

value (more than eight points on the state wetland rating form); or the buffer is protecting a

priority habitat or habitat related to a state or federally designated endangered,

threatened, and sensitive species.

(2) All other new development on previously developed parcels within a wetland buffer, landslide or erosion

hazard area buffer, or stream and associated riparian habitat buffer shall be subject to the provisions of this

chapter and shall require submittal of a critical area report, pursuant to PMC 21.06.530, and compliance with

any mitigation pursuant to PMC 21.06.610. To assist in the completion of such reports, the city shall provide

information specific to predeveloped parcel situations for use by applicants and qualified consultants. This

material shall contain city-suggested mitigation measures (e.g., invasive species removal, new plantings,

impervious surface reduction, etc.) that shall be implemented to mitigate impacts unique to previously

developed parcel situations. (Ord. 3101 § 5, 2015; Ord. 2859 § 1, 2006).

Article V. Critical Area Reporting Requirements and Permit Process

21.06.510 Preapplication conference.

All applicants are encouraged to meet with the department prior to submitting an application subject to this

chapter. The purpose of this meeting shall be to discuss the city’s critical area standards and procedures; to

review any conceptual site plans prepared by the applicant; to discuss appropriate investigative techniques and

methods; and to identify potential impacts and mitigation measures. (Ord. 2859 § 1, 2006).

21.06.520 Critical area identification form.

(1) Prior to the city’s consideration of any proposed activity not found to be exempt under PMC 21.06.410, the

applicant shall submit to the department a complete critical area identification form provided by the city. This

identification form may be submitted in advance or concurrently with a project application. The requirement for

a critical area identification form may be waived if the applicant and the director determine during a




preapplication conference that a critical area report will be prepared for the proposal and agree on the scope of

such critical area report.

(2) The director shall review the critical area identification form and other information available pertaining to the

site and the proposal and make an initial determination as to whether any critical areas may be affected by the

proposal and if a more detailed critical area report shall be required. The director shall use his/her own

observations of the site conditions and any of the following indicators to assist in determining the need for a

critical area report:

(a) Indication on the city’s critical areas maps of a critical area that may be affected by the

proposed activity;

(b) Information and scientific opinions from appropriate agencies, including but not limited to the

departments of Fish and Wildlife, Natural Resources, and Ecology;

(c) Documentation, from a scientific or other credible source, of the possible presence of a

critical area; or

(d) A finding by a qualified professional or a reasonable belief by the director that a critical area

may exist on or adjacent to the site of the proposed activity.

(3) Following the site visit and review of information, the director shall make one of the following

determinations:

(a) The project area is not within or adjacent to a critical area or buffer, and that the proposed

activity is unlikely to degrade the functions or values of a critical area or buffer. If so, the director

shall rule that the critical area review is complete and no further review is required.

(b) There are critical areas within or adjacent to the project area, but that the proposed activity

will avoid the critical area or buffer so as not to alter or degrade the functions or values of the

critical area or buffer. If so, the director may waive the requirement for a critical area report.

(c) A critical area or buffer may be affected by the proposal. If so, the director shall notify the

applicant that a critical area report must be submitted prior to further review of the project, and

will endeavor to indicate each of the critical area types that should be addressed in the report. A

determination regarding the apparent absence of one or more critical areas by the director is not

an expert certification regarding the presence of critical areas and the determination is subject

to possible reconsideration by the director and reopening if new information is received.

(4) The city shall notify the public via direct mailing of the initial critical area determination as part of the notice

of application issued for the proposal. The notice shall include information as to the specific critical areas that

are or are not determined to be affected by the proposed activity. (Ord. 2859 § 1, 2006).

21.06.530 General critical area report requirements.

(1) If a critical area report is required pursuant to PMC 21.06.520, it shall contain all of the information listed in

this chapter and shall at a minimum include:

(a) A detailed description of the critical areas and buffers on or adjacent to the project site,

including the size, type/classification, condition, disturbance history, and functions and values;

(b) A site plan for the development proposal showing the proposed development footprint and

clearing limits, and all critical areas and buffers;

(c) A description of the proposed storm water management plan for the development and

consideration of impacts to drainage alterations;

(d) The dates, names, and qualifications of the persons preparing the report and documentation

of any fieldwork performed on the site;

(e) A detailed assessment of the potential impacts to critical areas and buffers resulting from

site development;

(f) An analysis of site development alternatives and measures taken to avoid and minimize

critical area impacts; and

(g) Any additional information for the critical area as required by this chapter.

(2) The applicant may consult with the director prior to or during preparation of the critical area 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 critical area impacts.

(3) The report will be used to assist the city in determining the appropriate classification of any critical area

present, the functions and values of critical areas, the potential adverse impacts of proposed activities,


appropriate buffering requirements, and any recommended mitigation conditions relating to site planning,

development density, and construction or post-construction practices.

(4) Once accepted, the report shall be the basis for determining whether to approve, conditionally approve or

deny the application. Future land use applications will require additional critical area reports unless it can be

demonstrated, to the satisfaction of the director, that the previously prepared report is adequate for current

analysis or that, based upon new information, the study is in error.

(5) To avoid duplication, the reporting requirements of this chapter shall be coordinated for all critical areas

located on the site.

(6) Applicants shall provide reports and maps to the city in an electronic format that allows site data to be

incorporated into the city’s geographic information system database. (Ord. 2859 § 1, 2006).

21.06.540 Consultant qualifications and city review.

A qualified professional shall prepare all reports and studies required of the applicant by this chapter. The city

will conduct a peer review of the critical area report, including any mitigation plan, at the applicant’s expense,

unless the director determines that such peer review is unwarranted because impacts would be minor or the

proposal poses no substantial technical issues. (Ord. 2859 § 1, 2006).

21.06.550 Permit process.

(1) To the extent possible, the city shall consolidate and integrate the review and processing of issues and

approvals related to critical areas with other land use and environmental considerations and approvals.

(2) Any alteration to a critical area or buffer, 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:

(a) The proposal minimizes the impact on critical areas and buffers;

(b) The proposal does not pose a significant threat to the public health, safety, or welfare on or

off the development proposal site;

(c) The proposal is consistent with the general purposes of this chapter and the public interest;

(d) Any alterations permitted to the critical area or buffer are mitigated in accordance with PMC

21.06.610 and all other application sections; and


(e) The proposal maintains the critical area functions and values consistent with the best

available science and other applicable regulations and standards.

(3) The director shall make a determination as to whether the proposed activity and mitigation, if any, are

consistent with the provisions of this chapter.

(a) If the director determines that the proposed activity meets the criteria of subsection (2) of this

section, the director shall prepare a written notice of determination and identify any required

conditions of approval.

(b) If the director determines that a proposed activity does not comply with the criteria of

subsection (2) of this section, the director shall prepare written notice of the determination that

includes findings of noncompliance. Following notice of determination of noncompliance, the

applicant may request consideration of a revised critical area report. If the revision is found to be

substantial and relevant to the critical area review, the director may reopen the critical area

review, conduct additional peer review, and make a new determination based on the revised

report. Except as provided for in this chapter, any project that cannot adequately mitigate its

impacts to critical areas shall be denied.

(4) The city’s determination regarding critical areas pursuant to this chapter shall be final concurrent with the

final decision to approve, condition, or deny the development proposal or other activity involved. (Ord. 2859

§ 1, 2006).

21.06.560 Appeals of director’s determination.

(1) Any decision or determination made by the director in the administration of the provisions of this chapter

shall be final and conclusive unless appealed by an aggrieved party within 10 working days from the date of the

department’s written decision. Upon proper filing of a request for interpretation review, the hearing examiner

shall conduct a duly noticed public hearing pursuant to Chapter 20.12 PMC. Upon completion of said hearing,

the examiner shall render a written decision supported by findings and conclusions agreeing with, modifying, or

disagreeing with the director’s interpretation or determination in accordance with this chapter, and thereafter

such interpretation or determination shall govern unless overturned by appellate examiner review pursuant to

Chapter 2.54 PMC.

(2) Any decision or determination made by the director pertaining to the classification of an environmentally

critical area shall be final unless appealed by an aggrieved party within 10 working days of the director’s written



decision. Upon proper filing of a request for interpretation review, the hearing examiner shall conduct a duly

noticed public hearing pursuant to Chapter 20.12 PMC. Upon completion of said hearing, the examiner shall

render a written decision supported by findings and conclusions agreeing with, modifying, or disagreeing with

the director’s interpretation or determination in accordance with this chapter, and thereafter such interpretation

or determination shall govern unless overturned by appellate examiner review pursuant to Chapter 2.54 PMC.

(3) For appeals made pursuant to this article, notice of any public hearing shall be in conformance with Chapter

20.12 PMC. Any party of record feeling that the decision of the hearing examiner is based on erroneous

procedures, errors of law or fact, error in judgment, or which has discovered new evidence which could not be

reasonably available at the prior hearing may request review of the interpretation decision pursuant to the

procedures established for appellate examiner review of a hearing examiner’s decision as per Chapter 2.54

PMC. (Ord. 2859 § 1, 2006).

Article VI. Mitigation

21.06.610 General mitigation requirements.

(1) When an alteration to a critical area is proposed, the applicant shall demonstrate that all reasonable efforts

have been taken to avoid, minimize, or compensate for impacts in that order and consistent with the mitigation

definition contained in PMC 21.06.210(83).

(2) Unless otherwise provided in this chapter, compensatory mitigation shall be provided for all unavoidable

alterations of a critical area or buffer in accordance with an approved critical area report and mitigation plan,

and consistent with best available science, to ensure no net loss of critical area functions and values. Mitigation

shall not be implemented until after city approval of the critical area report and mitigation plan prepared in

accordance with PMC 21.06.530 and 21.06.620.

(3) Mitigation actions shall be conducted within the same sub-drainage basin and on the same site as the

alteration except when all of the following apply:

(a) There are no reasonable on-site or in-drainage-basin opportunities or on-site and in-

drainage-basin opportunities do not have a high likelihood of success due to development

pressures, adjacent land uses, or on-site buffers or connectivity are inadequate;

(b) Off-site mitigation has a greater likelihood of providing equal or improved critical areas

functions; and








(c) Off-site locations shall be in the same sub-drainage basin unless the action qualifies as

innovative mitigation per the provisions of PMC 21.06.640.

(4) Where feasible, mitigation projects shall be completed prior to activities that will disturb critical areas. In all

other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of

the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing

wildlife and vegetation.

(5) All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. For mitigation

projects that involve creating new wetlands or relocating streams, the director shall have the authority to modify

the buffer requirements on a case-by-case basis to avoid unduly encumbering neighboring properties.

(6) The applicant shall develop a mitigation plan that provides for construction, maintenance, monitoring and

contingencies of the wetland compensation as required by conditions of approval and consistent with the

requirements of this chapter. The mitigation plan must be consistent with PMC 21.06.620 and shall at a

minimum contain the information listed in this chapter.

(7) All mitigation areas shall be provided with permanent protection and management to avoid degradation and

ensure protection of critical area functions and values into perpetuity. Permanent protection shall be achieved

through deed restriction or other protective covenant in accordance with PMC 21.06.820. (Ord. 2859 § 1,

2006).

21.06.620 General mitigation plan requirements.

(1) When compensatory mitigation is required, the applicant shall develop a mitigation plan that provides for

construction, maintenance, monitoring, and contingencies of the compensation as required by conditions of

approval and consistent with the requirements of this chapter.

(2) The plan shall identify and demonstrate sufficient restoration, creation, enhancement, and/or preservation

measures to maintain the functions and values of the critical area, and/or to prevent risk from a hazard posed

by a critical area.

(3) The mitigation plan shall be prepared by a qualified professional and shall contain all of the information

listed in this chapter and shall at a minimum include:




(a) A description and detailed drawings of the activities proposed to compensate for critical area

impacts, including all clearing, grading/excavation, planting, weed management, installation of

habitat structures, irrigation, and other site treatments;

(b) Specific information on construction or the proposed mitigation activity including timing,

sequence, equipment needs, and best management practices;

(c) Documentation that the restoration, creation, enhancement and/or preservation areas shall

be of the same or greater quality and endurance as the critical area(s) being replaced;

(d) A description of the functions and values that the proposed compensation area(s) shall

provide;

(e) The goals, objectives, and performance standards that the proposed compensation action(s)

shall achieve;

(f) A description of how the compensation area(s) will be evaluated to determine if the

performance standards are being met;

(g) A program and schedule for construction and post-construction monitoring of the

compensation project;

(h) 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;

(i) Financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented.

Financial guarantees shall be posted in accordance with accepted surety as defined by PMC

21.06.650;

(j) An assessment of the project’s consistency with applicable state and federal regulations,

including the need for permits from state and/or federal agencies; and

(k) Any additional information for the critical area as required by the subsequent sections of this

chapter. (Ord. 2859 § 1, 2006).

21.06.630 Mitigation monitoring.


(1) All compensatory mitigation projects shall be monitored for a period necessary to establish that

performance standards have been met, but not for a period less than five years; a longer monitoring timeline

should be considered if a forested or scrub-shrub wetland is the intended outcome of the mitigation project.

(2) Monitoring reports shall be submitted annually for the first three years following construction and at least

upon the completion of the fifth year to document milestones, successes, problems, and contingency actions of

the compensatory mitigation.

(3) The director shall have the authority to extend the monitoring period and require additional monitoring

reports beyond the initial five-year monitoring period for any project that does not meet the performance

standards identified in the mitigation plan, does not provide adequate replacement for the functions and values

of the impacted critical area, or otherwise warrants additional monitoring (such as when forested wetlands are

restored or created). (Ord. 3101 § 6, 2015; Ord. 2859 § 1, 2006).

21.06.640 Innovative mitigation.

(1) The city may approve innovative mitigation projects as compensation for impacts, including off-site and/or

out-of-kind mitigation projects that allow linkages between natural systems and have the potential to restore

ecological processes or provide unique ecological functions.

(2) The director may approve innovative mitigation projects, including mitigation projects occurring outside city

boundaries, when all of the following can be clearly demonstrated:

(a) The mitigation occurs in WRIA 10, in the middle Puyallup River basin, and preferably in the

same subbasin as the impacts;

(b) The proposed mitigation site will provide greater improvement of critical area functions and

values compared to on-site, in-kind mitigation or other sites within city boundaries;

(c) The proposed mitigation plan is approved by the local jurisdiction wherein the site is located,

by state resource agencies, and other agencies and tribes that may have jurisdiction over the

proposed activity or the affected resources;

(d) The proposed mitigation is consistent with the general purposes of this chapter, is in the best

interest of Puyallup’s citizens, and accomplishes regionally recognized goals for critical area

restoration, such as conservation of threatened salmonids; and

(e) For innovative mitigation projects occurring outside city boundaries, the proponent of the

mitigation plan shall provide sufficient documentation to show that there are no more

appropriate sites within the city or urban growth area boundaries that provide suitable

compensation for the impacts.

(3) Innovative mitigation projects allowed under the provisions of this section include projects wherein one or

more applicants, or an organization

with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the

following circumstances exist:

(a) The proponents demonstrate the organizational and fiscal capability to act cooperatively;

(b) The proponents demonstrate that long-term management of the habitat area will be

provided;

(c) There is a clear potential for success of the proposed mitigation at the identified mitigation

site; and

(d) Conducting mitigation as part of a cooperative process results in greater protection and

conservation of critical areas than would be achieved using traditional mitigation approaches.

(Ord. 2859 § 1, 2006).

21.06.650 Surety to ensure implementation, maintenance, and monitoring.

(1) If the development proposal is subject to compensatory mitigation, the applicant shall post a mitigation

surety to ensure mitigation is fully functional.

(2) The surety shall be in the amount of 125 percent of the estimated cost of the uncompleted actions or the

estimated cost of restoring the functions and values of the critical areas that are at risk, whichever is greater.

The surety shall be based on a detailed itemized cost estimate of the mitigation activity including clearing and

grading, plant materials, plant installation, irrigation, weed management, and other costs.

(3) The surety shall be in the form of an assignment of funds or other means acceptable to the city attorney.

(4) Surety authorized by this section shall remain in effect until the city determines, in writing, that the standards

bonded for have been met. Surety shall generally be held by the city for a period 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.

(5) Depletion, failure, or collection of surety funds shall not discharge the obligation of an applicant or violator to

complete required mitigation, maintenance, monitoring, or restoration.

(6) Public development proposals shall be relieved from having to comply with the bonding requirements of this

section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.

(7) Any failure to satisfy critical area requirements established by law or condition including, but not limited to,

the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an

approved mitigation plan shall 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.

(8) Any funds recovered pursuant to this section shall be used to complete the required mitigation.

(9) The director may authorize a one-time temporary delay, up to 120 days, in completing mitigation activities

when environmental conditions could produce a high probability of failure or substantial construction difficulties.

The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation. The

request for the temporary delay must include a written justification that documents the environmental

constraints that preclude implementation of the mitigation plan. The justification must be verified and approved

by the city, and include a financial guarantee. (Ord. 2859 § 1, 2006).

Article VII. Enforcement

21.06.710 Unauthorized critical area alterations.

(1) When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work

shall stop. The city shall have the authority to issue a stop work order to cease all ongoing development work,

and order restoration, rehabilitation, or replacement measures at the owner’s or other responsible party’s

expense to compensate for violation of provisions of this chapter.

(2) All development work shall remain stopped until a restoration plan is prepared and approved by the city.

Such a plan shall be prepared by a qualified professional and shall describe how the actions proposed meet

the minimum mitigation requirements described in PMC 21.06.610 and this section. The director shall, at the

violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be

returned to the applicant or violator for revision and resubmittal.


(3) For alterations to critical areas the following minimum performance standards shall be met for the

restoration; provided, that if the violator can demonstrate that greater functions and habitat values can be

obtained, these standards may be modified:

(a) The pre-existing structural and functional values shall be restored or replicated at the

location of the alteration, including water quality and habitat functions;

(b) The pre-existing soil types and configuration shall be replicated; and

(c) The critical area and buffers shall be replanted with native vegetation that replicates the

vegetation historically found on the site in species types, sizes, and densities.

(4) For alterations to flood and geological hazards, the following minimum performance standards shall be met

for the restoration of a critical area; 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 predevelopment hazard;

(b) Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and

(c) The hazard area and buffers shall be replanted with native vegetation sufficient to minimize

the hazard.

(5) The director is authorized to make site inspections and take such actions as are necessary to enforce this

chapter. (Ord. 2859 § 1, 2006).

21.06.720 Penalties.

(1) Any person, party, firm, corporation, or other legal entity found in violation of any of the provisions of this

chapter shall be fully subject to the civil infraction or civil violation procedures and penalties contained in

Chapter 1.02 or 1.03 PMC. Each day or portion of a day during which a violation of this chapter is committed or

continued shall constitute a separate offense. Any development carried out contrary to the provisions of this

chapter shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of

Washington.

(2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who

violates any provision of this chapter shall be guilty of a gross misdemeanor, punishable by a fine of a sum not

exceeding $5,000 or by imprisonment not exceeding 12 months or by both such fine and imprisonment. Each



separate day or portion thereof during which any violation of any adopted code or provision of this code occurs

shall constitute a separate violation and upon conviction thereof shall be punished as provided in this section.

(Ord. 3012 § 5, 2012; Ord. 2859 § 1, 2006).

Article VIII. Critical Area Protective Measures

21.06.810 Critical area signs and fencing.

The boundary at the outer edge of the critical area or buffer shall be identified with signs or markers to clearly

indicate the location of the critical area. The edge of the critical area and buffer area shall be clearly staked,

flagged, and fenced prior to any site clearing and construction. Fencing and signs shall be maintained in good

condition so as to be visible and unobscured. (Ord. 2859 § 1, 2006).

21.06.820 Notice on title.

(1) The owner of any property containing a critical area or buffer on which a development proposal is submitted

shall file a notice with the County auditor according to the direction of the city. Properties subject to an aquifer

recharge, seismic geologic hazard or volcanic geologic hazard area shall not be required to file said notice. The

notice shall state the general 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 permits any

site development to occur or within a reasonable timeframe after project approval as determined by the

director. (Ord. 2859 § 1, 2006).

21.06.830 Critical area tracts.

(1) Critical area tracts shall be used in development proposals for subdivisions, planned developments, and

binding site plans to delineate and protect the following contiguous critical areas and buffers comprising 5,000

square feet or more of area:

(a) All landslide and erosion hazard areas and buffers;

(b) All wetlands and buffers;

(c) All fish and wildlife habitat areas and buffers; and

(d) All other lands to be protected from alterations as conditioned by project approval.

(2) Critical area tracts shall be designated as native growth protection areas and shall be recorded on all

documents of title of record for all affected lots.

(3) Critical area tracts shall be designated on the face of the plat or recorded drawing in a format approved by

the city attorney. The designation shall include the following restrictions:

(a) An assurance that native vegetation within the growth protection area will be preserved;

(b) The right of the city to enforce the terms of the restriction; and

(c) The city may require that any required critical area tract be dedicated to the city, held in an

undivided interest by each owner of a building lot within the development with the ownership

interest passing with the ownership of the lot, or held by an incorporated homeowner’s

association or other legal entity (such as a land trust), which assures the ownership,

maintenance, and protection of the tract in accordance with PMC 19.12.070(4). (Ord. 2859 § 1,

2006).

21.06.840 Building setbacks.

(1) Unless otherwise provided, buildings and other structures shall be set back a distance of 10 feet from the

edges of all critical area buffers. The following may be allowed in the building setback area:

(a) Landscaping;

(b) Uncovered decks;

(c) Building overhangs if such overhangs do not extend more than 18 inches into the setback

area; and

(d) Impervious ground surfaces less than 2,500 square feet, such as driveways and patios, may

be constructed in the setback area; provided, that such improvements are subject to water

quality regulations as adopted in the city’s storm water management regulations. (Ord. 2859

§ 1, 2006).

Article IX. Wetlands



(1) Wetlands are those areas identified through any and all technical wetland delineation manuals as required

by RCW 36.70A.175. Wetland delineations will be conducted in accordance with the current manual(s) required

to be utilized by the Department of Ecology, including federally approved Army Corps of Engineers manual(s)

and regional supplements. All areas within the city meeting the criteria in the approved federal manual and

applicable regional supplements, regardless of any formal identification, are hereby designated critical areas

and are subject to the provisions of this chapter. Ponds and other open water bodies shall also be subject to

the provisions of this chapter.

(2) The approximate location and extent of previously identified wetlands are shown on the city’s adopted

critical area maps. These maps are to be used as a guide for the city, project applicants and/or property

owners, and shall be updated as new wetlands are identified. The city’s maps do not represent to show all

possible wetlands within city boundaries. The actual location of a wetland’s boundary shall be determined

through field investigation by a qualified professional applying the methods and procedures in the approved

federal manual and applicable regional supplements.

(3) Wetlands shall be rated and regulated according to the categories defined by the most current Washington

Department of Ecology Wetland Rating System for Western Washington. This document contains the methods

for determining the wetland category based on the following criteria:

(a) Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than

one acre; (2) wetlands of high conservation value that are identified by scientists of the

Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old-growth forested

wetlands larger than one acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that

score eight or nine habitat points and are larger than one acre; and (7) wetlands that perform

many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare

wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively

undisturbed and contain ecological attributes that are impossible to replace within a human

lifetime; or (4) provide a high level of functions.

(b) Category II. Category II wetlands are: (1) estuarine wetlands smaller than one acre, or

disturbed estuarine wetlands larger than one acre; (2) interdunal wetlands larger than one acre

or those found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions

(scoring between 20 and 22 points).

http://www.codepublishing.com/cgi-bin/rcw.pl?cite=36.70A.175

(c) Category III. Category III wetlands are: (1) wetlands with a moderate level of functions

(scoring between 16 and 19 points); (2) can often be adequately replaced with a well-planned

mitigation project; and (3) interdunal wetlands between one-tenth and one acre. Wetlands

scoring between 16 and 19 points generally have been disturbed in some ways and are often

less diverse or more isolated from other natural resources in the landscape than Category II

wetlands.

(d) Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16

points) and are often heavily disturbed. These are wetlands that we should be able to replace,

or in some cases to improve. However, experience has shown that replacement cannot be

guaranteed in any specific case. These wetlands may provide some important functions, and

should be protected to some degree.

(4) All wetlands shall be regulated and subject to the provisions of this chapter regardless of size, except for

Category III wetlands less than 2,500 square feet if the wetland is not associated with a riparian corridor or part

of a wetland mosaic and Category IV wetlands less than 10,000 square feet. Impacts will be allowed to

Category III wetlands between 2,500 square feet and 3,000 square feet, if the following criteria are met as

detailed in an approved critical area report demonstrating:

(a) The wetland is not associated with a riparian corridor;

(b) The wetland is not part of a wetland mosaic;

(c) The wetland does not score five points or greater for habitat in the Western Washington

Wetland Rating System form;

(d) The wetland does not contain habitat identified as essential for local populations of priority

species identified by the Washington Department of Fish and Wildlife; and

(e) The impacts are fully mitigated in accordance with any conditions from the state Department

of Ecology and/or U.S. Army Corps (USACE). This exemption does not relieve the

applicant/property owner from permits required by the state Department of Ecology and/or U.S.

Army Corps (USACE). The applicant/property owner shall provide proof of applicable approvals,

exemptions and/or permits obtained from the state Department of Ecology and/or U.S. Army

Corps (USACE) prior to the city approving any construction permits for the subject fill action.

(Ord. 3101 § 7, 2015; Ord. 3076 § 3, 2014; Ord. 2859 § 1, 2006).

21.06.920 Performance standards – Alteration of wetlands.

(1) Activities and uses shall be prohibited from wetlands and wetland buffers, except as provided for in this

chapter. All feasible and reasonable measures shall be taken to avoid and minimize impacts. These actions

may include consideration of alternative site plans and layouts, reductions in the density or scope of the

proposal, and implementation of the performance standards contained in this chapter. Alteration of wetlands

shall be permitted only in accordance with an approved critical area report and mitigation plan. The applicant

shall demonstrate that all of the following actions have been considered and implemented in terms of

avoidance and mitigation sequencing:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing 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;

(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

during the life of the action;

(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or

environments; and/or

(f) Monitoring the impact and taking appropriate corrective measures.

(2) Adverse impacts to wetland functions and values and to associated buffers shall be avoided. Where

impacts cannot be avoided, the applicant shall implement appropriate compensatory mitigation according to the

provisions of PMC 21.06.610 and 21.06.960.

(3) Alteration of Category I wetlands is prohibited.

(4) Alteration of Category II, III, and IV wetlands may be permitted in accordance with an approved critical area

report and mitigation plan, and only when the applicant demonstrates that:

(a) The basic project purpose cannot reasonably be accomplished without the wetland

alteration; and



(b) There are no reasonable or practical alternatives to the alteration including on-site design or

acquisition of additional area. (Ord. 3101 § 8, 2015; Ord. 2859 § 1, 2006).

21.06.930 Performance standards – Wetland buffer widths.

(1) Wetland buffer areas shall be established for all development proposals and activities adjacent to wetlands

to determine the need for the buffer to protect the integrity, function and value of the wetland. The director shall

determine appropriate buffer widths based upon the wetland rating form and critical area report prepared

pursuant to PMC 21.06.950. Wetland buffers shall be measured perpendicular to the wetland edge as marked

in the field. Except as otherwise permitted by this chapter, buffers shall consist of an undisturbed area of native

vegetation.

(2) The standard buffer widths required by this chapter are considered to be the minimum required and

presume the existence of a dense native vegetation community in the buffer zone adequate to protect the

wetland functions and values at the time of the proposed activity. The standard buffer widths assume that the

buffer area contains no more than 20 percent invasive plant coverage in the buffer area. If the vegetation is

inadequate, then the buffer width shall be increased and/or the buffer managed (e.g., invasive plant removal

and monitoring) and planted to maintain or improve the buffer functions. The following standard buffer width

requirements are established:

(a) Wetland buffer widths shall be determined based on the adjacent land use activities as

follows:

Level of

Impact

from

Proposed

Land Use

Types of Land Use Based on

Common Zoning Designations

High • Commercial development

• Industrial development

• Institutional

• Retail sales

• Residential (more than 4 units/acre)


Level of

Impact

from

Proposed

Land Use

Types of Land Use Based on

Common Zoning Designations

• Conversion to high intensity

agriculture (dairies, nurseries,

greenhouses, growing and

harvesting crops requiring annual

tilling and raising and maintaining

animals, etc.)

• High intensity recreation (golf

courses, ball fields, etc.)

• Hobby farms

Moderate • Residential (4 units/acre or less)

• Moderate intensity open space

(parks with biking, jogging, etc.)

• Conversion to moderate intensity

agriculture (orchards, hay fields, etc.)

• Paved trails

• Building of logging roads

• Utility corridor or right-of-way

shared by several utilities and

including access/maintenance road

Low • Forestry (cutting of trees only)

• Low intensity open space (hiking,

bird-watching, preservation of natural

resources, etc.)

• Unpaved trails

• Utility corridor

(b) Width of buffers needed to protect Category I wetlands (for wetlands scoring 23 points or

more for all functions or having the “special characteristics” identified in the rating system):

Wetland Characteristics

Buffer Widths by

Impact of

Proposed Land

Use (apply most

protective if more

than one criterion

is met)

Natural Heritage Wetlands Low – 125 ft

Moderate – 190 ft

High – 250 ft

Bogs Low – 125 ft

Moderate – 190 ft

High – 250 ft

Forested Buffer width to be

based on score for

habitat functions or

water quality

functions

Estuarine Low – 100 ft

Moderate – 150 ft

High – 200 ft

Wetlands in Coastal

Lagoons

Low – 100 ft

Moderate – 150 ft

High – 200 ft


Buffer Widths by

Impact of

Proposed Land

Use (apply most

protective if more

than one criterion

is met)

High level of function for

habitat (score for habitat 8 –

9 points)

Low – 150 ft

Moderate – 225 ft

High – 300 ft

Moderate level of function

for habitat (score for habitat

5 – 7 points)

Low – 75 ft

Moderate – 110 ft

High – 150 ft

High level of function for

water quality improvement

(8 – 9 points) and low for

habitat (less than 5 points)

Low – 50 ft

Moderate – 75 ft

High – 100 ft

Not meeting any of the

above characteristics

Low – 50 ft

Moderate – 75 ft

High – 100 ft

(c) Width of buffers needed to protect Category II wetlands (for wetlands scoring 20 to 22 points

for all functions or having the “special characteristics” identified in the rating system):


Buffer

Widths by

Impact of

Proposed

Land Use

(apply most

protective

if more

than one

criterion is

met)

High level of function for habitat

(score for habitat 8 – 9 points)*

Low – 150 ft

Moderate –

225 ft

High – 300

ft

Moderate level of function for

habitat (score for habitat 5 – 7

points)

Low – 75 ft

Moderate –

110 ft

High – 150

ft

High level of function for water

quality improvement and low for

habitat (score for water quality 8 – 9

points; habitat less than 5 points)**

Low – 50 ft

Moderate –

75 ft

High – 100

ft

Estuarine Low – 75 ft

Moderate –

110 ft


Buffer

Widths by

Impact of

Proposed

Land Use

(apply most

protective

if more

than one

criterion is

met)

High – 150

ft

Interdunal Low – 75 ft

Moderate –

110 ft

High – 150

ft

Not meeting above characteristics Low – 50 ft

Moderate –

75 ft

High – 100

ft

* Maintaining connections to adjacent and continuous habitat or wildlife corridors shall be considered.

** No additional discharge of untreated storm water permitted.

(d) Width of buffers needed to protect Category III wetlands (for wetlands scoring 16 to 19

points for all functions):


Buffer

Widths by

Impact of

Proposed

Land Use

Moderate level of function for

habitat (score for habitat 5 – 7

points)*

*If wetland scores 8 – 9 habitat

points, use buffers for Category II.

Low – 75 ft

Moderate –

110 ft

High – 150 ft

Not meeting above characteristic Low – 40 ft

Moderate – 60

ft

High – 80 ft

(e) Width of buffers needed to protect Category IV wetlands (wetlands scoring less than 16

points for all functions):


Buffer Widths

by Impact of

Proposed

Land Use

Score for all three basic

functions is less than 16 points

Low – 25 ft

Moderate – 40

ft

High – 50 ft

(3) The standard buffer widths of subsection (2) of this section may be decreased through the reduction

measures of this section.

(a) The buffer widths recommended for land uses with “high intensity” impacts to wetlands can

be reduced to those recommended for “moderate intensity” impacts under the following

conditions:

(i) A relatively undisturbed vegetated corridor at least 100 feet in width is established,

enhanced and/or protected (if adequate vegetation exists) between the wetland and any

other upland priority habitats adjacent to the wetland as defined by the Washington State

Department of Fish and Wildlife. The corridor shall be protected by a native growth

protection easement or some other legal mechanism providing permanent protection.

(ii) A buffer enhancement plan, consistent with applicable mitigation report and monitoring

requirements of this chapter, is submitted and approved in order to improve the functions

of the buffer area to the maximum extent possible.

(iii) All applicable measures to minimize the potential impacts of different land uses on

wetland habitat functions, as summarized in the following table, are applied to the

development:

Examples of

Disturbance

Examples of Measures to

Minimize Impacts Activities That Cause the Disturbance

Lights Direct lights away from wetland Parking lots, warehouses, manufacturing,

high density residential

Noise Place activity that generates

noise away from the wetland

Manufacturing, high density residential

Toxic Runoff Route all new untreated runoff

away from wetland

Covenants limiting use of

pesticides within 150 feet of

wetland

Integrated pest management

programs

Parking lots, roads, manufacturing,

residential areas, application of

agricultural pesticides, landscaping

Change in Water

Regime

Infiltrate or treat, detain and

disperse into buffer new runoff

from surfaces

Any impermeable surface, lawns, tilling

Examples of

Disturbance

Examples of Measures to

Minimize Impacts Activities That Cause the Disturbance

Pets and Human

Disturbance

Fence around buffer

Plant buffer with “impenetrable”

natural vegetation appropriate

for region

Residential areas

Dust BMPs for dust Tilled fields

(b) For all wetlands that score less than 20 points for habitat, the buffer width can be reduced to

those required for moderate land use impacts if measures to minimize the impacts of different

land uses on wetlands as summarized in the table above are applied.

The director has the authority to “average” buffer widths on a case-by-case basis where a qualified professional

demonstrates that all the following criteria are met:

(a) The total area contained in the buffer area after averaging is no less than that which would

be contained within the standard buffer;

(b) The buffer averaging does not reduce the functions or values of the wetland;

(c) The portion of the buffer subject to buffer averaging is less than 20 percent of the total buffer

length on a project site; provided, that:

(i) The director may waive the 20 percent limitation when there are specific topographic

conditions adjacent to the wetland that render portions of the buffer nonessential or

ineffective in protecting wetland functions, and

(ii) The director finds that the averaging occurs parallel to the existing wetland boundary;

(d) The wetland contains variations in sensitivity due to existing physical characteristics or the

character of the buffer varies in slope, soils, or vegetation;

(e) The buffer width for Category I and II wetlands is not reduced to less than 25 percent of the

standard width; and

(f) The buffer width of a Category III or IV wetland with moderate habitat functions (five to nine

points for habitat) may be reduced to no less than 33 percent of the standard buffer width. The

buffer width of a Category III or IV wetland with low habitat functions (less than five points for

habitat) may be reduced to 35 feet.

(g) In any case where a reduced buffer width is applied consistent with the subsections above,

the buffer shall be composed of a dense native plant community; if the buffer area contains over

20 percent coverage by invasive plant species, the applicant shall provide a vegetation

management plan to remove those invasive plants, supplement the buffer area with native trees

and shrubs and monitor the buffer area for a period of no less than three years to ensure

eradication of invasive plants and establishment of new native plants from the buffer area. The

enhanced functions must be documented to the satisfaction of the director through a functions

and values analysis prepared by a qualified professional.

(4) The director may have the authority to increase the standard buffer width for any category of wetland on a

case-by-case basis when such increase is necessary to protect the function and value of the wetland, protect

significant habitat, or protect lands adjacent to the wetland from erosion and other hazards. The standard buffer

widths assume a dense native plant community is present with less than 20 percent invasive plant coverage in

the buffer area. In determining if buffer width increases are warranted, the director shall consult with the

Departments of Ecology and/or Fish and Wildlife and shall consider the following information to be provided in

a critical area report:

(a) The specific plant and animal composition of the wetland and subject buffer area; the project

wetland biologist shall implement wider buffer areas where the buffer is composed of invasive

plants that cover more than 20 percent of the buffer area, unless buffer management and

enhancement actions are proposed to remove the invasive plants and manage the

establishment of new native trees and shrubs over a three-year period through a buffer

vegetation enhancement plan;

(b) The sensitivity of the plant and animal species in the wetland to disturbance from existing

and proposed land uses;

(c) The extent to which the wetland buffer is relied on to perform water quality functions such as

sediment trapping and pollutant removal;

(d) Whether the wetland supports wetland-dependent wildlife species or wildlife that require

large dispersal areas or access to upland habitats for critical life stage needs;

(e) The risk of altering the existing wetland functions if the standard buffers are used; and

(f) Other information that the director deems pertinent to the subject wetland.

(5) The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site clearing and

construction. The buffer boundary markers shall be clearly visible, durable, and permanently affixed to the

ground. Site clearing shall not commence until the applicant has submitted written notice to the department that

buffer requirements of this chapter are met. Field-marking shall remain until all construction and clearing

phases are completed, and removal of the markers has been granted by the city.

(6) Impervious surfaces shall not be constructed in wetland buffers within 50 feet of the wetland boundary

except as provided for in this chapter. (Ord. 3101 § 9, 2015; Ord. 3076 § 4, 2014; Ord. 2859 § 1, 2006).

21.06.940 Performance standards – Wetland buffer uses.

(1) Wetland buffers shall be retained in an undisturbed condition except that the following uses may be

permitted within a wetland buffer when the applicant demonstrates to the satisfaction of the director that no

adverse impact to the wetland functions and values will occur:

(a) Wells and necessary appurtenances, including a pump and appropriately sized pump house,

but not including a storage tank, when all the following conditions are met:

(i) There is no viable alternative to the well site outside of the buffer;

(ii) The well is either an individual well serving only one residence or a Class B well

serving a maximum of 15 connections and no more than 25 people;

(iii) The well is more than 75 feet deep;

(iv) For Category I and II wetlands, the minimum distance from the well and

appurtenances to the wetland edge is no less than 25 percent of the buffer width required

by this chapter; and

(v) Access to the well or pump house is provided by existing trail or road, or by an

unimproved access for maintenance vehicle(s).

(b) Public and private roadway crossings, including bridge construction and culvert installation in

or across Category II, Category III and Category IV wetland buffers, if the director determines

that such construction is necessary and cannot be accomplished in another location.

(c) City-approved storm water management facilities, limited to detention/treatment ponds, bio-

filtration facilities or infiltration systems, may be allowed within the outer 25 percent of the

standard buffer of a wetland; provided, that:

(i) Construction of the storm water facility does not impact a forested buffer community;

(ii) There is no other feasible location for the storm water facility;

(iii) The storm water facility is designed according to city standards and the discharge

water meets state water quality standards and will not affect the hydroperiod of the

wetland;

(iv) Construction of a storm water management facility in the buffer of a Category I wetland

is prohibited;

(v) Storm water conveyance or discharge facilities such as dispersion trenches and

outfalls may encroach into the inner 25 percent of a Category II, III or IV wetland buffer on

a case-by-case basis when the director and city engineer determine that due to

topographic or other physical constraints there are no feasible locations for these facilities

in the outer buffer area; and

(vi) Altered areas are mitigated per PMC 21.06.610 and 21.06.960.

(d) Conservation or restoration activities aimed at protecting the soil, water, vegetation, or

wildlife.

(e) Passive recreation facilities that are part of an interpretive trail system or environmental

education program and designed in accordance with an approved critical area report and

including walkways, wildlife viewing structures, and trails; provided, that they are located in the

outer 25 percent of the buffer area and are constructed in such a manner to avoid disturbance

of sensitive wildlife, feeding, roosting, breeding, or rearing sites, and meet the requirements of

PMC 21.06.410(1)(d) and those pathways are limited to minor crossings having no adverse

impact on water quality. They should be generally parallel to the perimeter of the wetland,




located only in the outer 25 percent of the wetland buffer area, and located to avoid removal of

significant trees. They should be limited to pervious surfaces no more than five feet in width for

pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. (Ord.

3101 § 10, 2015; Ord. 2859 § 1, 2006).

21.06.950 Critical area report requirements for wetlands.

(1) A critical area report for wetlands shall contain site- and proposal-specific information consistent with PMC

21.06.530 and shall at a minimum contain the following:

(a) A written qualitative assessment and accompanying maps of the known or suspected

wetlands and buffers within 300 feet of the site and an estimate of the existing acreage for each

wetland;

(b) A detailed description of the effects of the proposed development on wetland and buffer area

and function, including a quantification of the area of wetland disturbance;

(c) Vegetation, soil, hydrologic, and topographic characteristics of all wetlands and buffers on-

site. This includes the dominant species; soil type, color and texture; sources of hydrology

(surface inflow, hyporheic flows, precipitation, etc.);

(d) Wetland category and assessment of wetland functions under pre- and postdevelopment

conditions.

(2) When appropriate, the director shall have the authority to require the critical area report to include an

evaluation by the Department of Ecology. (Ord. 2859 § 1, 2006).

21.06.960 Wetland mitigation – General requirements.

(1) Adverse impacts to wetlands and buffers, as determined by the director, shall be fully mitigated in

accordance with the standards set forth in PMC 21.06.620 and this section. Mitigation measures to be

addressed in the plan include, in order of preference, avoidance, minimization, restoration, rehabilitation, and

compensation.

(2) Mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions, 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 mitigation action(s) will provide equal or greater functions or will

provide functions shown to be limiting within a watershed through a watershed assessment plan

or protocol; or

(b) Out-of-kind replacement will best meet formally identified regional goals, such as

replacement of historically diminished wetland types.

(3) Mitigation in the form of wetland creation, restoration or enhancement is required when a wetland is altered

permanently as a result of an approved project. Alterations shall not result in a net loss of wetland area except

when the following criteria are met:

(a) The lost wetland area provides minimal functions and the mitigation action(s) results in a net

gain in wetland functions as determined by a site-specific function assessment;

(b) The lost wetland area provides minimal functions, as determined by a function assessment,

and other replacement habitats provide greater benefits to the functioning of the watershed,

such as riparian habitat restoration and enhancement.

(4) Mitigation for wetland alterations shall occur in the following order of preference:

(a) Restoring wetlands on upland sites that were formerly wetlands.

(b) Creating wetlands on disturbed upland sites such as those with vegetative cover consisting

primarily of exotic introduced species.

(c) Enhancing significantly degraded wetlands in accordance with PMC 21.06.980.

(d) Preserving Category I or II wetlands that are under imminent threat in accordance with PMC

21.06.980. (Ord. 2859 § 1, 2006).

21.06.970 Wetland mitigation – Replacement ratios.

(1) When an applicant proposes to alter or eliminate a regulated wetland, the functions and values of the

affected wetland and buffer must be replaced through wetland creation or restoration according to the following

minimum ratios. The ratios shall apply to wetland creation or restoration that is in-kind, on-site, the same

category, timed prior to or concurrent with alteration, and has a high probability of success. Ratios for out-of-

kind or off-site mitigation may be greater if the director determines that additional mitigation is warranted to



replace impacts. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater

ratios shall apply in those cases (ratio is given as replacement area to impact area):

(a) Category I wetlands: No replacement because all alterations are prohibited;

(b) Category II wetlands: 3 to 1;

(c) Category III wetlands: 2 to 1; and

(d) Category IV wetlands: 1.5 to 1.

(e) All impacts to wetland buffers shall be mitigated at a 1:1 ratio.

(2) Replacement ratios may be decreased by up to 25 percent by the director if the applicant demonstrates, to

the satisfaction of the director, that all of the following criteria are met:

(a) Documentation by a qualified professional demonstrates that the proposed mitigation actions

have a very high likelihood of success;

(b) Documentation by a qualified professional demonstrates that the proposed mitigation actions

will provide functions and values that are significantly greater than the wetland being altered; or

(c) The proposed mitigation actions are conducted in advance of the impact and shown to be

successful through post-construction monitoring and function assessment.

(3) The director shall increase the replacement 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. (Ord. 3101 § 11, 2015; Ord. 2859 § 1, 2006).

21.06.980 Wetlands mitigation – Additional types of mitigation.

(1) Enhancement and Rehabilitation. Impacts to wetlands may be compensated by enhancement and/or

rehabilitation of existing significantly degraded wetlands. Applicants proposing to enhance wetlands must

complete and submit a critical area report that identifies how enhancement will increase the functions of the

degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at

the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced

by the enhancement actions. All proposed rehabilitation or enhancement mitigation proposals shall utilize the

rehabilitation/enhancement mitigation ratios as established in Wetland Mitigation in Washington State, Part 1:

Agency Policies and Guidance (Version 1, Ecology Publication No. 06-06-011a, March 2006, or most recently

revised version).

(2) Preservation. Impacts to wetlands may be mitigated by preservation of wetland areas, in a separate tract or

easement in accordance with PMC 21.06.830. Preservation is used as a form of mitigation only after the

standard sequencing of mitigation (avoid, minimize, and then compensate) has been applied. Mitigation ratios

for preservation shall range from 10 to 1 to 20 to 1, as determined by the director, depending on the quality of

the wetlands being mitigated and the quality of the wetlands being preserved.

(a) Preservation as mitigation is acceptable when done in combination with restoration, creation,

or enhancement; provided, that a minimum of 1 to 1 acreage replacement is provided by

restoration or creation;

(b) Preservation of at-risk, high-quality wetlands may be used as the sole means of mitigation

for wetland impacts to Category III or IV wetlands when the impact area is small, and the

preservation occurs in the same drainage basin as the wetland impact;

(c) Preservation sites include buffer areas adequate to protect the habitat and its functions from

encroachment and degradation;

(d) Creation, restoration, and enhancement opportunities have also been considered, and

preservation is the best mitigation option;

(e) The preservation site has the potential to experience a high rate of undesirable ecological

change due to on- or off-site activities; and

(f) The area proposed for preservation is critical for the health of the watershed or basin.


(3) Wetland Mitigation Banks. Credits from an approved wetland mitigation bank may be approved for use as

compensation for unavoidable impacts to wetlands when:

(a) The wetland mitigation bank is certified by the director and by state resource agencies with

wetland jurisdiction;

(b) The director determines that the wetland mitigation bank provides appropriate compensation

for the authorized impacts; and

(c) The proposed use of credits, including replacement ratios, is consistent with the terms and

conditions of the wetland mitigation bank’s certification. Certified wetland mitigation bank credits

may be used to compensate for impacts located within the service area specified in the

certification.

(i) State or federally designated endangered, threatened, and sensitive species;

(ii) State priority habitats and areas associated with state priority species; or

(iii) Habitats and species of local importance including habitat corridors connecting habitat

blocks and open spaces. (Ord. 3101 § 12, 2015; Ord. 2859 § 1, 2006).

Article X. Fish and Wildlife Habitat Areas


(1) Fish and wildlife habitat areas are those areas identified as being of critical importance to the maintenance

of fish, wildlife, or plant species. All areas within the city meeting these criteria, regardless of any formal

identification, are hereby designated critical areas and are subject to the provisions of this chapter.

(2) The approximate location and extent of previously identified fish and wildlife habitat areas are shown on the

critical area maps adopted by the city, as most recently updated. These maps are to be used as a guide for the

city, project applicants and/or property owners, and may be updated as new fish and wildlife habitat areas are

identified. The city’s maps may not represent to show all the fish and wildlife habitat areas within the city. The

actual location of a fish and wildlife habitat area shall be determined through field investigation by a qualified

professional applying the best available science.

(3) For purposes of this chapter, fish and wildlife habitat areas shall include the following:

(a) Streams and their associated riparian habitat areas. Streams shall be designated Type I,

Type II, Type III, and Type IV according to the following criteria:

(i) Type I streams are those streams identified and regulated as “Shorelines of the State”

pursuant to WAC 173-18-310 and the City of Puyallup Shoreline Master Program. Within

the city’s

corporate limits and the urban growth area, Type I streams are the Puyallup River and

Clarks Creek, below Maplewood Springs;

(ii) Type II streams are those natural streams that are not Type I streams and are either

perennial or intermittent, and have known or potential use by anadromous or resident fish

species, significant recreational value, or significant wildlife habitat functions. Potential use

shall be determined based upon species life cycle requirements, habitat suitability,

presence or lack of natural barriers, and a reasoned evaluation of current, historic, and

future fish use by a qualified professional. Within the city’s corporate limits and the urban

growth area, known Type II streams including but not limited to Deer Creek, Diru Creek,

Meeker Ditch, Rody Creek, Silver Creek, Wildwood Creek, Woodland Creek, and Wapato

Creek;

(iii) Type III streams are those streams with perennial or intermittent flow and are not used

by anadromous fish; and

(iv) Type IV streams are those intermittent or ephemeral streams with channel width less

than two feet taken at the ordinary high water mark, that are not used by anadromous fish

or resident fish.

(b) Nonriparian habitat areas that support or have a primary association with:

(i) State or federally designated endangered, threatened, and sensitive species;

(ii) State priority habitats and areas associated with state priority species; or

(iii) Habitats and species of local importance including habitat corridors connecting habitat

blocks and open spaces. (Ord. 2859 § 1, 2006).


21.06.1020 Performance standards – Alteration of fish and wildlife habitat areas.

(1) Alteration of fish and wildlife habitat areas shall be prohibited, except as provided for in this chapter. All

feasible and reasonable measures shall be taken to avoid and minimize impacts. These actions may include

consideration of alternative site plans and layouts, reductions in the density or scope of the proposal, and

implementation of the performance standards contained in this chapter. Alteration of fish and wildlife habitat

areas shall be permitted only in accordance with an approved critical area report and mitigation plan.

(2) Adverse impacts to fish and wildlife habitat functions and values and their associated buffers shall be

mitigated according to the provisions of PMC 21.06.610.

(3) Where impacts cannot be avoided, the applicant or property owner shall implement appropriate

compensatory mitigation actions in compliance with the intent, standards, and criteria of PMC 21.06.620.

(4) No alteration is allowed that will result in a take of a listed threatened or endangered species as defined by

the federal Endangered Species Act.

(5) New on-site sewage systems and individual wells may be permitted in a fish and wildlife habitat area or

buffer only if it is accessory to an approved residential structure which it is not feasible to connect to a public

sanitary sewer system. (Ord. 2859 § 1, 2006).

21.06.1030 Performance standards – Alteration of streams and riparian habitats.

(1) Relocation of Type I streams is not permitted. Relocation of a Type II, III, or IV stream may be permitted

only when it will result in equal or better habitat and water quality, and will not diminish the flow capacity of the

stream.

(2) Bridges are the preferred crossing for fish-bearing streams. Culverts are allowed only in Type II, III, and IV

streams; provided, that they are designed according to the Washington Department of Fish and Wildlife criteria

for fish passage, are necessary for utility crossings, road crossings, or other limited access situations, and are

in accordance with a state Hydraulic Project Approval permit. The applicant or property owner shall keep any

culvert free of debris and sediment at all times to allow free passage of water and, if applicable, fish. The city

may require that a stream be removed from a culvert as a condition of approval, unless the culvert is not

detrimental to fish habitat or water quality, or removal would be detrimental to fish or wildlife habitat or water

quality.



(3) Clearing and grading, when permitted as part of an authorized activity or as otherwise allowed in these

standards, may be allowed; provided, that the following shall apply:

(a) Grading is allowed only during the designated dry season, which is typically regarded

as beginning on April 1st and ending on October 31st of each year; provided, that the city

may extend or shorten the designated dry season on a case-by-case basis, determined on

actual weather and/or site conditions;

(b) The soil duff layer shall remain undisturbed to the maximum extent possible. Where

feasible, any soil disturbed shall be redistributed to other areas of the site; and

(c) The moisture-holding capacity of the topsoil layer shall be maintained by minimizing

soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas

of the project area not covered by impervious surfaces.

(4) Stream bank stabilization to protect new structures from future channel migration is not permitted except

when such stabilization is achieved through bioengineering or soft armoring techniques in accordance with an

applicable Hydraulic Project Approval permit issued by the Washington Department of Fish and Wildlife.

(5) Construction of private trails, roadways, and bridges less than or equal to 30 feet wide may be permitted

subject to the following standards:

(a) There is no other feasible alternative route with less impact on the critical area or buffer;

(b) The crossing minimizes interruption of downstream movement of wood and gravel;

(c) Roads shall not run parallel to the water body unless specific mitigation measures are

incorporated to prevent impacts to the stream and riparian habitat;

(d) Trails shall be located on the outer 50 percent of the riparian buffer, except for limited

viewing platforms and crossings;

(e) Crossings, where necessary, shall only occur as near to perpendicular with the water body

as possible; and

(f) Road bridges are designed according to the Department of Fish and Wildlife Fish Passage

Design at Road Culverts, March, 1999, and the National Marine Fisheries Service Guidelines for

Salmonid Passage at Stream Crossings, 2000, as updated.

(6) Utility Facilities. New utility lines and facilities may be permitted to cross streams and riparian habitat areas

in accordance with the public agency and utility exception standards in PMC 21.06.420, if all of the following

criteria are met:

(a) Impacts to fish and wildlife shall be avoided to the maximum extent possible;

(b) Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of

the water body and channel migration zone, where feasible;

(c) The utilities shall cross at an angle greater than 60 degrees to the centerline of the channel

in streams or perpendicular to the channel centerline whenever boring under the channel is not

feasible;

(d) Crossings shall be contained within the footprint of an existing road or utility crossing where

possible;

(e) The utility route shall avoid paralleling the stream or following a down-valley course near the

channel where feasible; and

(f) The utility installation shall not increase or decrease the natural rate of channel migration.

(7) Public flood protection measures. New public flood protection measures and expansion of existing ones

may be permitted, subject to the city’s review and approval of a critical area report and mitigation plan and

upon acquisition of any required state or federal permits.

(8) Instream structures. Instream structures, such as, but not limited to, high flow bypasses, dams, and weirs,

shall be allowed only as part of an approved watershed basin restoration project approved by the city and upon

acquisition of any required state or federal permits. The structure shall be designed to avoid modifying flows

and water quality in ways that may adversely affect habitat areas.

(9) Storm water management facilities, limited to detention/treatment ponds or vaults, media filtration facilities,

lagoons or infiltration basins, may be allowed within the outer 50 percent of the standard buffer; provided, that;


(a) There is no other feasible location for the storm water conveyance with less impact on

critical areas or buffer;

(b) The storm water facility is designed according to city standards and the discharge water

meets state water quality standards;

(c) Appropriate vegetation shall be maintained and, if necessary, added adjacent to storm water

conveyance channels to reduce erosion, filter out sediments, provide shade, or otherwise

maintain critical area functions; and

(d) Storm water conveyance or discharge facilities such as dispersion trenches and outfalls may

encroach into the inner 50 percent of the buffer on a case-by-case basis when the director and

city engineer determine that due to topographic or other physical constraints there are no

feasible locations for these facilities in the outer buffer area. (Ord. 2859 § 1, 2006).

21.06.1040 Performance standards – Alteration of nonriparian habitats.

(1) Alteration of nonriparian habitat areas shall include reasonable measures to maintain vegetation as open

space and to consolidate vegetation in contiguous blocks to contribute to a system or corridor that provides

connections to adjacent habitat areas.

(2) Development in nonriparian habitat areas shall include, to the extent possible, measures to preserve

healthy and native vegetation and plant resources that provide food, shelter, and structure and cover for

reproduction and rearing, and are preferably located in consolidated areas. (Ord. 2859 § 1, 2006).

21.06.1050 Performance standards – Stream and riparian buffer widths.

(1) Stream buffers shall be established landward of the ordinary high water mark adjacent to streams to protect

the integrity, functions and values of the resource. Buffers shall consist of an undisturbed area of native

vegetation and shall reflect the sensitivity of the stream and the type and intensity of the adjacent human use or

activity.

(2) The standard buffer widths required by this chapter are considered to be the minimum required and

presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect

the stream functions and values at the time of the proposed activity. If the vegetation is inadequate, then the

buffer width shall be increased or the buffer planted to maintain and improve the buffer functions. The following

standard buffer width requirements are established:

(a) Type I: 150 feet;

(b) Type II: 100 feet;

(c) Type III: 50 feet; and

(d) Type IV: 35 feet.

(3) The director has the authority to “average” buffer widths on a case-by-case basis where a qualified

professional demonstrates that all the following criteria are met:

(a) The total area contained in the buffer area after averaging is no less than that which would

be contained within the standard buffer;

(b) The buffer averaging does not reduce the functions or values of the stream or riparian

habitat;

(c) The portion of the buffer subject to buffer averaging is less than 20 percent of the total buffer

length on a project site;

(d) The site contains variations in sensitivity due to existing physical characteristics or the

character of the buffer varies in slope, soils, or vegetation;

(e) The buffer width for Type I and II streams is not reduced to less than 50 percent of the

standard width;

(f) The buffer width of a Type III or IV stream may not be reduced under any circumstance.

(4) The director may increase the minimum size of a riparian buffer width on a case-by-case basis when it can

be demonstrated by a critical area report that such increase is necessary to:

(a) Protect the functions and values of the stream;

(b) Protect significant habitat;

(c) Protect lands adjacent to a stream from erosion or channel migration;

(d) Provide flood protection; or

(e) Provide protection from erosion, landslide, or other geologic hazards.





phases are completed, and final approval has been granted by the city.

(6) Structures shall be set back in accordance with PMC 21.06.840 such that construction activities and

outdoor living areas do not infringe upon the required buffer edge. (Ord. 2859 § 1, 2006).

21.06.1060 Nonriparian habitat area buffer widths.

(1) Buffers shall be established adjacent to nonriparian habitat areas. Buffers shall consist of an area of native

vegetation established, preserved and/or enhanced to protect the integrity, functions and values of the affected

species or habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of

the adjacent human use or activity.

(2) Appropriate widths shall be determined by the director based on information in the critical area report;

habitat management and species recommendations of the Washington Department of Fish and Wildlife; the

sensitivity and value of the habitat areas; the nature, intensity and design of the proposed use; and the

adjacent uses and activities.





phases are completed, and final approval has been granted by the city.

(4) Structures shall be set back in accordance with PMC 21.06.840 such that construction activities and

outdoor living areas do not infringe upon the required buffer edge. (Ord. 2859 § 1, 2006).

21.06.1070 Critical area report requirements for fish and wildlife habitat areas.



(1) A critical area report for a fish and wildlife habitat area shall contain an assessment of habitats in

accordance with the requirements of this chapter. The report shall be prepared in accordance with the

requirements described in PMC 21.06.530 and shall at a minimum describe the following:

(a) All critical areas and buffers within 300 feet of the project area;

(b) Habitat and life cycle requirements for species of local importance, priority species, or

endangered, threatened, sensitive or candidate species that have a primary association with

habitat on or adjacent to the project area; and

(c) Any federal, state, or local special management recommendations, including Department of

Fish and Wildlife habitat management recommendations, that have been developed for species

or habitats located on or adjacent to the project area.

(2) When appropriate due to the type of habitat or species present or the project area conditions, the director

may also require the critical area report to contain additional information including, but not limited to, direct

observations of species use or detailed surface and subsurface hydrologic features both on and adjacent to the

site. (Ord. 2859 § 1, 2006).

21.06.1080 Mitigation standards for fish and wildlife habitat areas.

(1) Adverse impacts to riparian and nonriparian habitats, as determined by the director, shall be fully mitigated

in accordance with the standards set forth in PMC 21.06.610. All mitigation shall be specified in a mitigation

plan consistent with PMC 21.06.620 and this section.

(2) Mitigation for alterations to habitat areas shall achieve equivalent or greater biologic functions, and shall

provide similar functions as those lost.

(3) Compensation in the form of habitat restoration or enhancement is required when a habitat is altered as a

result of an approved project. Alterations shall not result in net loss of habitat area except when, upon the

satisfaction of the director, it is determined that the lost habitat area provides minimal functions, as determined

by a critical area report, and other replacement habitats provide greater benefits to the functioning of the

affected species. (Ord. 2859 § 1, 2006).

Article XI. Critical Aquifer Recharge Areas

21.06.1110 Designation, mapping and rating.




(1) Areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2)

are hereby designated critical areas and are subject to the provisions of this chapter. Protection of critical

aquifer recharge areas is necessary to prevent ground water degradation or depletion caused by land use

activities.

(2) The approximate location and extent of previously identified critical aquifer recharge areas are shown on the

city’s adopted critical area maps. These maps are to be used as a guide for the city, project applicants and/or

property owners, and shall be continuously updated as new critical areas are identified. They are a reference

and do not provide a definitive critical area designation.

(3) For purposes of this chapter, critical aquifer recharge areas include the following:

(a) Aquifer recharge areas identified using the DRASTIC (Pierce County health department)

model that are susceptible or vulnerable to degradation or depletion because of hydrogeologic

characteristics; and

(b) Wellhead protection areas as defined by the boundaries of the one-, five- and 10-year time

of ground water travel, or boundaries established using alternate criteria approved by the Pierce

County health department in those settings where ground water time of travel is not a

reasonable delineation criterion, in accordance with WAC 246-290-135.

(4) Critical aquifer recharge areas shall be rated as high or low susceptibility areas as follows:

(a) High susceptibility aquifer recharge areas are all areas on the Puyallup valley floor, plus all

wellhead protection areas within the five-year travel time boundary; and

(b) Low susceptibility aquifer recharge areas are all areas within the city that do not meet the

criteria for a high susceptibility rating. (Ord. 2859 § 1, 2006).

21.06.1120 Performance standards – Alteration of critical aquifer recharge areas.

(1) Activities that do not cause degradation of ground water quality and will not adversely affect the recharging

of the aquifer may be permitted in a critical aquifer recharge area and do not require preparation of a critical

area report; provided, that they comply with the city storm water management regulations and other applicable

local, state and federal regulations. These activities typically include commercial and industrial development



that does not include storage, processing, or handling of any hazardous substance, or other development that

does not substantially divert, alter, or reduce the flow of surface or ground waters.

(2) Activities that have the potential to cause degradation of ground water quality or adversely affect the

recharging of an aquifer may be permitted in critical aquifer recharge areas pursuant to an approved critical

area report in accordance with PMC 21.06.530 and 21.06.1150. These activities include:

(a) Activities that substantially divert, alter, or reduce the flow of surface or ground waters, or

otherwise adversely affect aquifer recharge;

(b) The use, processing, storage or handling of hazardous substances, other than household

chemicals used according to the directions specified on the packaging for domestic applications;

(c) The use of injection wells, including on-site septic systems, except those 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; or

(d) Any other activity determined by the director likely to have an adverse impact on ground

water quality or on a recharge of the aquifer. (Ord. 2859 § 1, 2006).

21.06.1130 Performance standards – Specific uses.

(1) The following standards shall apply to uses within critical aquifer recharge areas in accordance with the

provisions of this chapter.

(a) Underground Storage Tanks. All new underground storage facilities proposed for use in the

storage of hazardous substances or hazardous wastes shall be designed and constructed per

the requirements of Chapter 173-360 WAC, Underground Storage Tank Regulations and the

International Fire Code, 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 noncorrosive material, steel clad with a

noncorrosive 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 Storage Tanks. All new aboveground storage facilities proposed for use in the

storage of hazardous substances or hazardous wastes shall be designed and constructed in

accordance with Chapter 173-303 WAC, Dangerous Waste Regulations, and the International

Fire Code, so as to:

(i) Not allow the release of a hazardous substance to the ground, ground waters, or

surface waters;

(ii) Have a primary containment area enclosing or underlying the tank or part thereof; and

(iii) Include a secondary containment system either built into the tank structure or a dike

system built outside the tank for all tanks.

(c) Vehicle Repair and Servicing. 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.

(d) Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides,

and fertilizers shall not exceed times and rates specified on the packaging.

(e) Spreading or Injection of Reclaimed Water or Biosolids. Water reuse projects for reclaimed

water must be in accordance with the city’s comprehensive plans that have been approved by

the Departments of Ecology and Health.

21.06.1140 Performance standards – Prohibited uses.

(1) The following activities and uses are prohibited in critical aquifer recharge areas:

(a) Dry Wells. Dry wells on sites used for vehicle repair and servicing shall not be allowed in

critical aquifer recharge areas. 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;

(b) Landfills including hazardous or dangerous waste, municipal solid waste, special waste, and

inert and demolition waste landfills;


(c) Underground Injection Wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04,

5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells, unless

approved by State or local authorities as part of an approved remediation action;

(d) Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process,

or dispose of radioactive substances; and

(e) Other uses as determined by the director that:

(i) Would significantly reduce the recharge to aquifers currently or potentially used as a

potable water source;

(ii) Would significantly reduce the recharge to aquifers that are a source of baseflow to a

regulated stream; or

(iii) Would significantly affect the ground water quality.

(2) Sand and gravel mining is prohibited from critical aquifer recharge areas that are determined to be highly

susceptible. (Ord. 2859 § 1, 2006).

21.06.1150 Critical area report requirements for critical aquifer recharge areas.

(1) In addition to the general critical area report requirements of PMC 21.06.530, a hydrogeologic report for

aquifer recharge areas 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 lateral extent and depths location of all critical aquifer recharge areas located on-

site or immediately adjacent to the site, and the 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 1,300 feet of the project area;

(d) Location of other critical areas, including surface waters, within 1,300 feet of the project

area;

(e) Historic ground water and surface water quality data for the area to be affected by the

proposed activity compiled for at least the previous five-year period;


(f) Federal, state, and local regulations and requirements that pertain to the proposed project;

(g) Best management practices proposed to be used. The type, extent and nature of the

proposed BMPs shall be specific to the level of aquifer susceptibility (high or low) where the

development is proposed;

(h) Ground water monitoring plan provisions;

(i) Discussion of the effects of the proposed project on the ground water quality and quantity,

including predictive evaluation of ground water withdrawal effects on nearby wells and surface

water features; and predictive evaluation of contaminant transport based on potential releases

to ground water; and

(j) 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. (Ord. 2859 § 1, 2006).

Article XII. Geologically Hazardous Areas

21.06.1210 Designation, mapping, and classification.

(1) Geologically hazardous areas are areas susceptible to erosion, landsliding, earthquake, volcanic activity or

other potentially hazardous geological processes. Areas susceptible to these types of hazards are hereby

designated as geologically hazardous areas and subject to the provisions of this chapter.

(2) The approximate location and extent of previously identified geologically hazardous areas are shown in the

city’s critical area maps. These maps are to be used as a guide for the city, project applicants and/or property

owners, and shall be updated as new critical areas are identified. They do not provide a definitive critical area

designation.

(3) Geologically hazardous areas shall be classified as follows:

(a) Landslide and erosion hazard areas are areas of potential slope instability. Erosion hazard

areas include those identified by the U.S. Department of Agriculture Natural Resources

Conservation Service as having a moderate to severe, severe, or very severe erosion hazard

because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and

rainfall patterns, or human-induced changes to natural characteristics. Landslide and erosion

hazard areas include areas with the following characteristics:

(i) Areas that have shown mass movement during the Holocene epoch (from 10,000 years

ago to the present) or that are underlain or covered by mass wastage debris of that epoch;

(ii) Slopes that are parallel or subparallel to planes of weakness (such as bedding planes,

joint systems, and fault planes) in subsurface materials;

(iii) Slopes having gradients steeper than 80 percent subject to rock fall during seismic

shaking;

(iv) Areas potentially unstable because of stream incision or stream bank erosion;

(v) Areas located in a canyon, ravine, or on an active alluvial fan, presently or potentially

subject to inundation by debris flows or flooding;

(vi) Any area with a slope of 40 percent or steeper and a vertical relief of 10 or more feet,

except areas composed of consolidated rock and properly engineered manmade

slopes/retained fill. A slope is delineated by establishing its toe and top and measured by

averaging the inclination over at least 10 feet of vertical relief;

(vii) Areas with a severe limitation for building development because of slope conditions,

according to the Natural Resource Conservations Service; and

(viii) Areas meeting all three of the following criteria: (A) slopes steeper than 15 percent,

except that slopes of less than 15 percent may be considered erosion hazard areas if they

have certain unstable soil and drainage characteristics; (B) hillsides intersecting geologic

contacts with a relatively permeable sediment overlying a relatively impermeable sediment

or bedrock; and (C) wet season springs or ground water seepage.

(b) Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as

a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral

spreading, or surface faulting. Settlement and soil liquefaction conditions occur in areas

underlain by cohesionless, loose, or soft-saturated soils of low density, typically in association

with a shallow ground water table.

(c) Volcanic Hazard Areas. Volcanic hazard areas are areas subject to pyroclastic flows, lava

flows, debris avalanche, inundation by debris flows, lahars, mudflows, or related flooding

resulting from volcanic activity. Volcanic hazard areas shall be classified as Case I or Case II

lahars per the definitions in PMC 21.06.210. Pyroclastic-flow hazard zones and inundation

zones for Case I and II lahars are identified in the report Sedimentology, Behavior, and Hazards

of Debris Flows at Mount Rainier, Washington, U.S. Geological Survey Professional Paper

1547, 1995. All volcanic hazard areas regulated under this code are located within lahar time

travel zone 3. (Ord. 2859 § 1, 2006).

21.06.1220 General standards – Alteration of geologically hazardous areas.

(1) Alteration of geologically hazardous areas and buffers shall be prohibited except as allowed in this chapter.

The city may approve, condition or deny proposals based on the degree to which risks posed by geologically

hazardous areas to public and private property and to public health and safety can be mitigated. In an

individual case, conditions may include limitations of proposed uses, density modification, alteration of site

layout and other appropriate changes to the proposal. Where potential adverse impacts cannot be effectively

mitigated, or where the risk to public health, safety and welfare, property, or important natural resources is

substantial notwithstanding mitigation, the proposal shall be denied. The burden of proof shall be upon the

applicant. (Ord. 2859 § 1, 2006).

21.06.1230 Performance standards – Alteration of landslide and erosion hazard areas.

(1) Alteration of slopes of 40 percent or greater shall be prohibited.

(2) Development within all other erosion or landslide hazard areas and/or buffers shall be designed to meet the

following basic requirements unless it can be demonstrated through a geotechnical study that an alternative

design that deviates from one or more of these standards provides greater long-term slope stability while

meeting all other provisions of this chapter. This includes alteration of slopes less than 40 percent, including

slopes of 15 percent or less that have unstable soil or drainage characteristics, which may be permitted

pursuant to an approved critical area geotechnical report. The following basic development design standards

must be met:

(a) The proposed development shall not decrease the factor of safety for landslide occurrences

below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Analysis of dynamic


conditions shall be based on a minimum horizontal acceleration as established by the current

version of the International Building Code;

(b) The alteration will not increase the threat of the geological hazard to the project site or

adjacent properties beyond predevelopment conditions, nor shall it result in a need for

increased buffers on neighboring properties;

(c) The development will not increase or concentrate surface water discharge or sedimentation

to adjacent sites beyond predevelopment conditions;

(d) Structures and improvements shall be located to minimize alterations to the natural contour

of the slope and foundations shall be tiered where possible to conform to existing topography;

(e) The use of engineered retaining walls that allow the maintenance of existing natural slope

area is preferred over graded artificial slopes. Engineered retaining walls shall not exceed 15

feet in height and preferably should be less than eight feet in height. Riprap retaining walls

should not exceed eight feet in height. Wherever possible, retaining walls should be designed

as structural elements of the building foundation; and

(f) Development shall be designed to minimize impervious lot coverage. Use of common access

drives and utility corridors is encouraged.

(3) Unless otherwise provided or as part of an approved alteration, removal of vegetation with soil-stabilizing

functions from an erosion or landslide hazard area or related buffer shall be prohibited. Limited pruning or

selective removal of dead, diseased or damaged branches; limited removal of specified branches that block

views; and topping as shown on a landscape plan may be approved by the director if the activity will not

adversely affect slope stability. Project design revisions to better accommodate the retention of vegetation with

significant soil-stabilizing functions, including re-configuring development envelopes to accommodate mature

trees, may be imposed by the director to meet the intent of this chapter. Identification of vegetation to be

preserved shall be based upon the tree species, location and condition in addition to size. Disturbed areas of a

site not used for buildings, roads and other improvements should be replanted as soon as feasible pursuant to

an approved landscape plan.

(4) Seasonal Restriction. Clearing shall be allowed only from April 1st to October 31st of each year; provided,

that the city may extend or shorten the designated dry season on a case-by-case basis depending on actual

weather conditions.

(5) Utility Lines and Pipes. Utility lines and pipes shall be permitted in landslide and erosion hazard areas

pursuant to PMC 21.06.420. The line or pipe shall be located aboveground and properly anchored and/or

designed so that it will continue to function in the event of a landslide. Aboveground utility lines and pipes shall

be located and designed to minimize potential risks associated with tree fall.

(6) Storm water conveyance shall be allowed only through a high-density polyethylene pipe with fuse-welded

joints, or similar product that is technically equal or superior.

(7) Point Discharges. Point discharges from surface water facilities and roof drains onto or up-slope from an

erosion or landslide hazard area shall be prohibited except as follows:

(a) Conveyed via continuous storm pipe downslope to a point where there are no erosion

hazard areas downstream from the discharge; or

(b) Discharged at flow durations matching predeveloped conditions, with adequate energy

dissipation, into existing channels that previously conveyed storm water runoff in the

predeveloped state; or

(c) Dispersed discharge upslope of the steep slope onto a low-gradient undisturbed buffer

demonstrated to be adequate to infiltrate all surface and storm water runoff, and where it can be

demonstrated that such discharge will not increase the saturation of the slope.

(8) Subdivisions. The division of land in landslide and erosion hazard areas and associated buffers is subject to

the following:

(a) Land that is located wholly within an erosion or landslide hazard area or its buffer may not be

subdivided. Land that is located partially within an erosion or landslide hazard area or its buffer

may be divided; provided, that each resulting lot has sufficient buildable area outside of, and will

not affect, the erosion or landslide hazard or its buffer;

(b) Access roads and utilities may be permitted within the erosion or landslide hazard area and

associated buffers if the director determines based on an approved critical area report that the

road will not increase the risk to adjacent sites and that no other feasible alternative exists.

(9) Erosion control plans shall be required for all regulated activities within landslide and erosion hazard areas.

The erosion control plans shall be consistent with the provisions of Chapter 21.14 PMC (clearing, filling and



grading) prepared pursuant to a plan approved by the city engineer. A master drainage plan shall be prepared

for large projects as required and approved by the city engineer.

(10) Prohibited Development. On-site sewage disposal systems, including drain fields, shall be prohibited within

landslide and erosion hazard areas and related buffers.

(11) A monitoring program shall be prepared and implemented for construction activities permitted in landslide

and erosion hazard areas. (Ord. 2859 § 1, 2006).

21.06.1240 Performance standards – Landslide and erosion hazard area buffers.

(1) Activities on sites containing erosion or landslide hazards shall meet the following buffer requirements:

(a) A buffer shall be established from the top, toe, and edges of all slopes or erosion or landslide

hazard areas with 10 feet or more of vertical elevation change unless a geotechnical report

prepared by a qualified professional determines that adequate structural or engineering

measures have been taken to fully mitigate the landslide hazard and eliminate risks to

downslope or upslope properties and other critical areas. For purposes of this section, the

director shall have discretion to measure slope gradient based upon the total average slope for

hillsides containing multiple slope categories. The size of the buffer shall be determined by the

director to eliminate or minimize the risk of damage to person or property resulting from

landslide and erosions caused in whole or part by the development, based upon review of and

concurrence with a geotechnical report prepared by a qualified professional; provided, that the

following shall apply:

(i) For slopes between 16 and 39 percent, the minimum buffer shall be equal to the height

of the slope divided by two. The buffer may be reduced by 25 percent or to a minimum of

25 feet when a qualified professional demonstrates to the director’s satisfaction that the

reduction will adequately protect the proposed development, adjacent areas, and the

subject critical area.

(ii) For slopes equal to or greater than 40 percent, the minimum buffer shall be equal to

the height of the slope or 25 feet, whichever is greater. The buffer may be reduced by 25

percent when a qualified professional demonstrates to the director’s satisfaction that the

reduction will adequately protect the proposed development, adjacent areas,

developments, uses, and the subject critical area, except the buffer shall never be less

than 25 feet.

(iii) For slopes with a vertical elevation of more than 10 but less than 25 feet, the minimum

buffer shall be equal to the height of the slope divided by two, regardless of the slope

percent; provided, that there are no other factors that pose a slope stability risk. In

applying this standard, the director shall have discretion to exempt slopes from this

requirement which are predominantly less than 10 feet in grade change, even if a limited

area (e.g., a short terrace), which is localized and stable, exceeds 10 feet.

(b) The minimum buffer area shall be undisturbed natural vegetation consisting of trees and/or

dense woody vegetation and have adequate drainage. To improve the functional attributes of

the buffer, the director may require that the buffer be enhanced through planting to achieve a

dense covering of woody vegetation such as trees and shrubs.

(c) Based on the findings of the geotechnical report, the director may require that the buffer be

increased where a larger buffer is necessary to prevent risk of damage to adjacent areas and

proposed and existing development.

(d) The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site

clearing and construction. The buffer boundary markers shall be clearly visible, durable, and

permanently affixed to the ground. Site clearing shall not commence until the applicant has

submitted written notice to the department that buffer requirements of this chapter are met. Field

marking shall remain until all construction and clearing phases are completed, and the director

has granted final approval. The buffer shall be maintained and preserved through a protective

easement or other appropriate permanent protective covenant as determined by the director.

(Ord. 2859 § 1, 2006).

21.06.1250 Performance standards – Seismic hazard areas.

(1) Activities proposed to be located in seismic hazard areas shall meet the standards of PMC 21.06.1220.

(2) Construction of new buildings and additions to existing buildings within a seismic hazard area shall conform

to the International Building Code standards for seismic protection. (Ord. 2859 § 1, 2006).

21.06.1260 Performance standards – Volcanic hazard areas.


(1) Construction of new critical facilities as defined in this chapter including essential facilities and hazardous

facilities, as well as special occupancy structures/covered assemblies with occupancy of 1,000 persons or

more as determined by the building official using the International Building Code, shall be prohibited in volcanic

hazard areas, except that sewer collection facilities and other underground utilities not likely to cause harm to

people or the environment if inundated by a lahar shall be allowed pursuant to the director’s approval.

(2) Exemption. An applicant may make a written request to the emergency management director for an

exemption of the construction prohibition as contained in subsection (1) of this section. The emergency

management director shall be the individual designated pursuant to PMC 2.31.050 and is hereby authorized to

receive the request pursuant to this section. The emergency management director shall review such a request

and shall make recommendations for either the approval or denial of the request to the development services

administrator. The development services administrator shall give substantial deference to the recommendation

of the emergency management director. The applicant shall bear the burden of establishing all of the following

conditions to the satisfaction of the emergency management director in order for an exemption to be granted:

(a) That the critical facility has a satisfactory critical alert notification system in place which

coordinates with local and regional emergency monitoring systems;

(b) That the proposed critical facility has an emergency evacuation plan which adequately

demonstrates the ability to evacuate all expected occupants in a lahar situation to an acceptable

area outside of the volcanic hazard lahar area, in coordination with city emergency management

plans; and

(c) That the critical facility has procedures in place to ensure the emergency evacuation plan is

maintained over the life of the critical facility and that occupants of the critical facility are

involved in periodic drills and/or other instruction regarding those emergency evacuation

procedures.

(3) An aggrieved party can appeal the development services administrator’s decision in accordance with

Chapter 20.87 PMC, however, the hearing examiner, in reviewing and issuing a decision of any appeal

pursuant to this section, shall grant the emergency management director’s recommendation substantial

deference. (Ord. 2859 § 1, 2006).

21.06.1270 Critical area report requirements for geologically hazardous areas.



(1) In addition to the general critical area report requirements of PMC 21.06.530, a critical areas report for

geologically hazardous areas must meet the geotechnical report requirements of this chapter. A geotechnical

report for a geologically hazardous area shall meet all of the following standards:

(a) It shall address the project area of the proposed activity; and all geologically hazardous

areas within 200 feet of the project area or that have potential to affect or be affected by the

proposal;

(b) It shall contain an assessment of geological hazards including at a minimum all of the

following information:

(i) A description of the surface and subsurface geology, hydrology, soils, and vegetation

found in the project area and in all hazard areas addressed in the report. The report shall

also include an assessment of the geologic characteristics and engineering properties of

the soils, sediments, and/or rock of the project area and potentially affected adjacent

properties; a review of the site history regarding landslides, erosion, and prior grading; and

a description of the vulnerability of the site to seismic and other geologic events. Soils

analysis shall be accomplished in accordance with accepted classification systems in use

in the region. Methods that were used for characterization and analysis of the site shall be

described;

(ii) A recommendation for the minimum buffer and minimum building setback from any

geologic hazard based upon the geotechnical analysis;

(iii) When hazard mitigation is required, the report shall specifically address how the

activity maintains or reduces the pre-existing level of risk to the site and adjacent

properties on a long-term basis (equal to or exceeding the projected lifespan of the activity

or occupation). Proposed mitigation techniques shall be considered to provide long-term

hazard reduction only if they do not require regular maintenance or other actions to

maintain their function. Mitigation may also be required to avoid any increase in risk above

the pre-existing conditions following abandonment of the activity.

(2) Where a valid geotechnical report has been prepared within the last five years for a specific site, and where

the proposed land use activity and surrounding site conditions are unchanged, said report may be incorporated

into the required critical area report. Further updated analysis may be required if site-specific conditions


warrant. The applicant shall submit a geotechnical assessment detailing any changed environmental conditions

associated with the site.

(3) Additional site- and proposal-related information for specific geologic hazard types as outlined in this

chapter. Geotechnical studies for two or more types of hazard areas must meet the report requirements for

each relevant type.

(4) Monitoring Surface Waters. If the director determines that there is a credible risk of damage to downstream

receiving waters due to potential erosion from the site, based on the size of the project, the proximity to the

receiving waters, or the sensitivity of the receiving waters, the critical area report shall include a plan to monitor

the surface water discharge from the site. The monitoring plan shall include a recommended schedule for

submitting monitoring reports to the director. (Ord. 2859 § 1, 2006).

city of puyallup shoreline master program (smp)1-4 puyallup shoreline master program chapter 5 c...

Documents