18S.30.030 Ecological Protection

18S.30.030 Ecological Protection.

This section was recently amended by Ordinance 2022-37s, codified in April 2024. This section was recently amended by Ordinance 2023-75, codified in April 2024.

The intent of the Ecological Protection policies and regulations is to ensure that shoreline development is established and managed in a manner that protects existing ecological functions and ecosystem-wide process and that mitigates adverse impacts to ecological functions. This means assuring no net loss of ecological functions and processes in shorelines, and protecting critical areas designated in Title 18E PCC.

"Shoreline ecological functions" refers to 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. Examples of shoreline ecological functions are fish and wildlife habitat, food chain support, and water temperature maintenance.

Shoreline processes are 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. Processes that should be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel migration.

Ecological protection of the shoreline also includes conservation of vegetation. Benefits of shoreline vegetation include, but are not limited to, the following:

•Shade necessary to maintain water temperatures required by salmonids, forage fish, and other aquatic biota;

•Regulation of microclimate in riparian and nearshore areas;

•Organic input necessary for aquatic life, including food in the form of various insects and other benthic macroinvertebrates;

•Bank stabilization, minimized erosion and sedimentation, and reduced occurrence or severity of landslides;

•Reduced fine sediment input into the aquatic environment by minimizing erosion, aiding infiltration, and retaining runoff;

•Improved water quality through filtration and vegetative uptake of nutrients and pollutants;

•A source of large woody debris to moderate flows, create hydraulic roughness, form pools, and increased aquatic diversity for salmonids and other species; and

•Habitat for wildlife, including connectivity for travel and migration corridors.

A. Applicability. The Ecological Protection policies and regulations shall apply to all uses and development, within all shoreline environment designations.

1. Establish and manage shoreline uses and development in a manner that mitigates adverse impacts so that the resulting ecological condition is maintained or improved.

2. All shoreline uses and development should avoid and minimize adverse impacts on the shoreline environment.

3. Recognize the value of adaptive management as a means of providing for flexibility in administering ecological protection provisions of the Master Program.

4. Assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. This is to be achieved by limiting the number and extent of shoreline modifications and by giving preference to those types of shoreline modifications that have a lesser impact on ecological functions and requiring mitigation of identified impacts resulting from shoreline modification.

5. Plan for the enhancement of impaired ecological functions where feasible and appropriate while accommodating permitted uses and development. As shoreline modifications occur, incorporate all feasible measures to protect ecological shoreline functions and ecosystem-wide processes.

6. Preserve and protect existing trees and native vegetation within shorelines to maintain shoreline ecological functions and mitigate the direct, indirect, and cumulative impacts of shoreline development. Where shoreline vegetation is inadequate to protect against the impact of new uses or development, native vegetation should be enhanced.

7. Avoid impacts to shorelines through application of mitigation sequencing, giving highest priority to impact avoidance whenever new uses or development are proposed in shorelines.

8. Replace designated noxious weeds and invasive species with native vegetation and other non-invasive vegetation to establish and maintain shoreline ecological functions and processes.

9. Allow vegetation management through practices such as pruning, trimming, or limbing for purposes of views and access paths when it is demonstrated that these practices will result in no net loss of shoreline ecological functions and processes.

1. All development shall occur as defined in Table 18S.30.030-1, Mitigation Sequencing, with avoidance of impacts being the highest priority. Lower priority measures shall be applied only when higher priority measures are determined to be infeasible or inapplicable. Mitigation sequencing components consist of a series of consecutive steps beginning with avoidance and ending with monitoring and taking appropriate corrective measures.

Table 18S.30.030-1. Mitigation Sequencing
Higher Priority Lower Priority	Avoiding the impact altogether by not taking a certain action or parts of actions.
	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.
	Rectify the impact by repairing, rehabilitating, or restoring the affected environment.
	Reducing or eliminating the impact over time by preservation and maintenance operations.
	Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.
	Monitoring the impact and compensation projects and taking appropriate corrective measures.

2. Where new developments and uses are proposed, shoreline vegetation shall be conserved or restored when feasible. Shoreline vegetation helps to maintain shoreline ecological functions and processes and mitigate the direct, indirect and cumulative impacts of shoreline development.

3. Where retention of shoreline vegetation is not feasible, new developments shall include a vegetation management plan as defined in subsection G.2 of this Section.

4. Where a critical area or critical area buffer is present, the applicable requirements of Title 18E PCC shall apply.

5. The Department shall periodically evaluate the cumulative effects of all project review actions in shoreline areas.

1. Title 18E PCC, Development Regulations – Critical Areas, is hereby adopted by reference (with the exception of Chapter 18E.70 PCC, Flood Hazard Areas). In instances when the regulations of Title 18E PCC conflict with the requirements of this Title, the more protective standard shall apply.

2. Because of its incorporation by reference, the provisions of Title 18E PCC shall apply to any use, alteration, or development within shoreline jurisdiction, to include those instances when it is determined that a shoreline permit or approval is not required.

3. The following provisions of Title 18E PCC do not apply within shoreline jurisdiction:

a. PCC 18E.10.090, Reconsideration and Appeal Procedures;

b. PCC 18E.20.050, Reasonable Use Exceptions; and

c. PCC 18E.20.060, Variances.

4. Any modification to a critical area buffer that exceeds 25 percent shall be subject to review of a Shoreline Variance.

5. For regulations specific to submerged aquatic vegetation, forage fish spawning and herring holding areas and other in-water critical saltwater habitats, see PCC 18E.40.040.D through F.

6. Category III and IV Wetlands. The mitigation requirements of PCC 18E.30.050, Mitigation Requirements, will not be imposed for activities within:

a. Category III wetlands less than 2,500 square feet in size which are not:

(1) Contiguous with a freshwater or estuarine system;

(2) Located within shoreline jurisdiction; or

(3) Part of a mosaic wetland complex, as set forth in PCC 18E.30.020.E.2.

b. Category IV wetlands less than 10,000 square feet in size which are not:

(1) Contiguous with a freshwater or estuarine system;

(2) Located within shoreline jurisdiction; or

(3) Part of a mosaic wetland complex, as set forth in PCC 18E.30.020.E.2.

7. Wetlands shall be rated using the Washington State Wetland Rating System for Western Washington (Hruby, 2014) (Ecology Publication No. 14-06-029).

8. Buffers to protect critical areas, such as a wetland or fish and wildlife habitat conservation area, may be wider than the shoreline buffers of this Title. The most protective regulations apply.

9. Application requirements for critical areas are in addition to those for shoreline permits.

10. Shoreline permits for development which may impact a critical area will not be granted until critical area review is complete.

1. Development on shorelines is subject to both the buffer requirements of this Title and the applicable requirements of Title 18E PCC. Table 18S.30.030-2 indicates the standard shoreline buffer requirements. Table 18E.40-060-1 identifies Fish and Wildlife Habitat Conservation Area buffer which may exceed the standard shoreline buffer for the same water body. The most restrictive buffer width requirement shall apply.

2. Standard shoreline buffers listed in Table 18S.30.030-2 below are determined based on the Shoreline Environment Designation and shall be measured from the ordinary high water mark (OHWM), except that for Lake Tapps Reservoir, the setback shall be measured from the full pool elevation of 543 feet (equivalent to water level 543 msl as measured at the USGS Gage 12101000).

Table 18S.30.030-2. Standard Shoreline Buffers and Setbacks
Shoreline Environment Designation (SED)	Standard Buffer
Natural	150 feet
Conservancy	100 feet
Residential	75 feet
Setback for Lake Tapps Reservoir	50 feet
High Intensity – non water-dependent use, or those portions of a use that are not water-dependent	50 feet
High Intensity – water-dependent use, or those portions of a use that are water-dependent	0 feet
See Chapter 18E.40 PCC for Fish and Wildlife Habitat Conservation Area regulations; critical area buffers may be greater than the standard shoreline buffer.

3. Modification Allowances to the Standard Shoreline Buffer/Setback Width. This Section does not apply to critical area buffer modification allowances which are regulated pursuant to Chapter 18E.40 PCC.

a. Any modification to a standard shoreline buffer that exceeds 25 percent shall be subject to review of a Shoreline Variance.

b. Standard Buffer Averaging. The standard buffer, as indicated in Table 18S.30.030-2 for all SEDs, may be averaged to reduce portions of the buffer by a maximum of 25 percent when the applicant demonstrates all of the following:

(1) Avoidance of the impact to the buffer, as preferred by mitigation sequencing described in Table 18S.30.030-1, is not feasible due to topographic or other site constraints;

(2) The buffer alteration is minimized or reduced by limiting the degree and magnitude of the proposal;

(3) The buffer to be reduced is offset by an increase in the width of other portions of the buffer so that the total buffer area after alteration is no less than the buffer area prior to the alteration;

(4) Changes to the configuration of the buffer area are consistent with other requirements set forth in the Master Program and with applicable requirements of Title 18E PCC, Development Regulations – Critical Areas;

(5) The alteration to the buffer area will not result in a net loss of shoreline ecological function nor increase the risk of slope failure or downslope stormwater drainage impacts; and

(6) The standard shoreline buffer shall not be averaged for commercial forestry in a Natural SED.

c. Standard Buffer Reduction. The standard buffer, as indicated in Table 18S.30.030-2 for the Residential or Conservancy SEDs, may be reduced by a maximum of 25 percent when the applicant demonstrates all of the following:

(1) Standard buffer averaging, as described above, is not feasible;

(2) The reduction is unavoidable;

(3) The proposed alteration is minimized by reducing or limiting the degree or magnitude of the proposal;

(5) The alteration to the buffer area will not result in a net loss of shoreline ecological function nor increase the risk of slope failure or downslope stormwater drainage impacts; and

(6) The buffer area has less than 15 percent slopes.

d. Adjacent Development Standard Buffer/Setback Reduction. The standard shoreline buffer/setback, as indicated in Table 18S.30.030-2, for a vacant lot may be reduced when the vacant lot has a common property line with one or more lots which abut the OHWM and which are developed with single-family residence(s), provided:

(1) The single-family residence(s) on the adjacent lot(s) is(are) built no more than 100 feet from the vacant lot, as measured from the property line to the building; and

(2) The standard buffer/setback is reduced by no more than 25 percent and the resulting buffer/setback is no less than the average setback of the adjacent residences.

(3) This reduction does not apply to an adjacent residence built with a reduced setback pursuant to a variance or other approval that reduced the standard setback or buffer.

a. Water dependent uses and public shoreline access are allowed within the standard shoreline buffer subject to applicable regulations of the Master Program.

b. An unpaved access path from a residential dwelling to the shoreline is allowed if:

(1) The path width is limited to 4 feet;

(2) The length of the path is minimized by keeping the path at a right angle to the shoreline to the degree feasible;

(3) No trees are removed; and

(4) No fill is placed in flood hazard areas.

c. Up to 500 square feet or 25 percent of the area encompassed within the first 50 feet measured from the ordinary high water mark (OHWM) may be disturbed to accommodate shoreline access, landscaping, or minor construction associated with a water dependent use upon review and approval of a Vegetation Planting Plan pursuant to subsection G.2 of this Section. Such disturbance shall not be concentrated nor span the extent of the shoreline at the water's edge.

d. Fences four feet or less in height may be allowed in the standard shoreline buffer or Lake Tapps setback if they:

(1) Are located landward of ordinary high water or, in the case of the Lake Tapps setback, 543 feet elevation;

(2) Cause no loss of trees; and

(3) Meet the disturbance allowances of subsection E.4.c of this Section.

5. Expansion of Existing Development within Standard Shoreline Buffer. Expansion of legally existing development within the standard Shoreline buffer is allowed without a Shoreline Variance in the following instances:

a. Expansion landward of existing development within a Shoreline buffer when an existing permanent substantial improvement serves to eliminate or greatly reduce the impact of the proposed expansion upon Shoreline ecosystem functions. Examples of features that may serve as a substantial improvement include permanent structures (such as homes and commercial buildings), larger paved areas (such as commercial parking lots and major roadways), dikes, and levees. Smaller structures (such as sheds and outbuildings) and smaller paved areas do not typically serve as substantial improvements.

b. Development may be allowed in-line with existing development, parallel to the shoreline and no closer than the existing structure, when on existing impervious surfaces and when there is no loss of existing vegetation.

c. Development is allowed upward, above an existing building footprint, provided applicable height limits of the Master Program and zone classification are satisfied.

F. Regulations – Impervious Surface Limits. For residential development, not more than one third of the parcel within shoreline jurisdiction and landward of the ordinary high water mark shall be covered by effective impervious areas, except that new lots created in a Natural or Conservancy SED shall be limited to 10 percent effective impervious surfaces. The calculation for impervious surfaces shall include parking areas but may exclude a 12-foot-wide driveway. This restriction applies to both principal and accessory uses and structures.

1. Retention of existing vegetation shall be a priority within the entire shoreline jurisdiction. Retention of existing trees is particularly important. Significant trees as identified in Table 18J.15.030-1 cannot be removed without approval of a vegetation planting plan. Prior to proposing any tree removal, the land owner shall first evaluate alternate means of achieving their development goals, such as selective limbing and tree topping.

2. Vegetation Planting Plan. Where vegetation is removed or disturbed within a standard shoreline buffer in excess of the vegetation removal allowances described in subsections G.3 through G.6 of this Section, the applicant shall be required to prepare and implement a Vegetation Planting Plan. The Plan shall be submitted for review with a site development or building permit application subject to the following requirements:

a. Mitigation for loss of vegetation within the standard shoreline buffer shall generally consist of replanting an area equal to or greater than the area of vegetation that was removed or disturbed, except that in those instances when a standard shoreline buffer is reduced, replacement at a greater ratio may be required. Additional forms of mitigation, such as the installation of habitat features, may also be proposed;

b. Vegetation to be disturbed should not be concentrated along the shoreline, and the first priority for planting shall be adjacent to the ordinary high water mark;

c. Planting shall occur in a way that maximizes connectivity between critical areas and between the water's edge and upland areas. Small isolated plantings are undesirable;

d. Plants shall consist of native tree, shrub, and groundcover vegetation;

e. Vegetation Planting Plans shall identify the following:

(1) The location and area of the vegetation loss;

(2) The location of an equal area, or areas, to be planted;

(3) No less than one tree species, two shrub species, and two groundcover species; and

(4) The number of plants as specified in Table 18S.30.030-3 below.

Table 18S.30.030-3. Vegetation Conservation Mitigation Planting
Plant Type	Spacing	Number of Plants = Square Footage of Area to be Planted Divided By
Trees	12-15 feet on-center	144-225 square feet (based on tree spacing)
Shrubs	6 feet on-center	36 square feet
Herb/Groundcover	3 feet on-center	9 square feet

f. Monitoring of vegetation planted according to the planting plan shall be provided as follows:

(1) Pre-planting photos; and

(2) Photos taken in a consistent fashion, at established locations, at intervals of 6, 12, and 24 months.

3. Minor vegetation removal for purposes of providing views and protecting overhead utility lines shall be limited to selective limbing of trees and removal of shrubs. Tree limbing shall be done consistent with Vegetation Management: A Guide for Puget Sound Bluff Property Owners, by the Washington State Department of Ecology. https://fortress.wa.gov/ecy/publications/publications/9331.pdf

4. Hazard Tree Removal may be performed pursuant to PCC 18J.15.130.C.4, Removal of Danger, Hazard and Diseased Trees and, where applicable, PCC 18E.40.040.B.2, Hazard Tree Removal.

5. Control of noxious weeds that are included on the State noxious weed list (Chapter 16-750 WAC) or invasive plant species as identified by Pierce County is allowed when conducted by clipping, pulling, over-shading with native tree and shrub species, or non-mechanized digging. Shoreline buffer mitigation planting is not required for this type of vegetation removal but erosion control measures may be required.

6. Maintenance of lawfully established landscaping and gardens is allowed within the shoreline buffer or setback including, but not limited to, mowing lawns, weeding, harvesting, and replanting of garden crops, pruning and planting of vegetation to maintain the condition and appearance of such areas as they existed on the effective date of this Title and planting of indigenous native species.

7. Trees within shoreline setbacks may be removed and replaced with shrubs and groundcover at the spacing standard described in Table 18S.30.030-3.

8. Vegetation enhancement within shoreline buffers or setbacks should consist of plants that do not require use of fertilizers, pesticides or chemicals that are detrimental to water quality or harmful to aquatic life.

H. In-lieu Fee Mitigation and Mitigation Banking. An applicant may utilize In-lieu Fee (ILF) Mitigation or Mitigation Banking at such time as the County has developed such programs and the programs have been approved by the appropriate State and Federal agencies. Applicants proposing ILF or Mitigation Banking are still subject to the mitigation sequencing requirements of Table 18S.30.030-1.