18S.10.020 Purpose.
The purpose of this Title is to implement the Shoreline Management Act (Act) in unincorporated Pierce County. There are three interrelated basic policy areas to the Act: (1) shoreline use; (2) environmental protection; and (3) public access. The Act expresses a preference for appropriate development that requires a shoreline location, protection of shoreline environmental resources, and protection of the public's right to access and use the shorelines (RCW 90.58.020).
The Act requires that "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 shorelines..." 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, water-dependent industrial and commercial developments, and other developments that provide public access opportunities. To the maximum extent possible, the shorelines should be reserved for water-oriented uses, including water-dependent, water-related, and water-enjoyment uses.
The Act is intended to protect shoreline natural resources, including "...the land and its vegetation and wildlife, and the waters of the state and their aquatic life..." against adverse effects. All development is required to mitigate adverse environmental impacts to the maximum extent feasible and preserve the natural character and aesthetics of the shoreline.
The overarching policy is that, "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." Alterations of the natural conditions of the shorelines of the State, in those limited instances when authorized, shall be given priority for development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the State.
The Act also implements the common law Public Trust Doctrine. The essence of this court doctrine is that the waters of the State are a public resource for the purposes of navigation, conducting commerce, fishing, recreation, and similar uses, and that this trust is not invalidated by private ownership of the underlying land. The Doctrine limits public and private use of tidelands and other shorelands to protect the public's right to use the waters of the State.
The protection of ecological functions, and the aquatic and terrestrial life associated with shorelines, shall be integral in the consideration of all development in the shorelines. New land alterations and development shall not result in any net loss to ecological functions as implemented by the concept of mitigation sequencing.
A. General Purpose. The general purpose of this Title is to implement the following:
1. Shoreline Management Act (Act) (Chapter 90.58 RCW) which governs the development of Washington's shorelines. The Act requires the County to prepare and adopt a Shoreline Master Program (Master Program); and
2. Washington State Department of Ecology (Ecology) Rules (Chapters 173-18, 173-20, 173-22, 173-26 and 173-27 WAC) that guide, along with the Act, the required contents of the Master Program.
B. Specific Purpose. In implementing the above general purpose, the more specific purpose of this Title is to:
1. Regulate the development of shorelines;
2. Protect critical areas from the impacts of development;
3. Protect development from the impacts of hazards areas;
4. Achieve no net loss of ecological functions of shorelines; and
5. Promote the public health, safety, and general welfare of the community.