18S.30.050 Shoreline Access.
The intent of the Shoreline Access policies and regulations is to recognize the rights of the general public to reach, touch, view and enjoy the water's edge, to travel the waters of the State, and to view the water and the shoreline from adjacent locations. These rights are a fundamental element of the Shoreline Management Act (Act).
A. Applicability. The policies and regulations of this Section shall apply to the following:
1. Public projects, except for public linear infrastructure projects where the amount of land and/or legal authority of the project preclude the ability to provide shoreline access and except for instances of incompatibility due to safety, security or impact to the shoreline environment;
2. Residential developments containing five or more dwelling units;
3. Non-residential recreational, commercial, industrial, and civic development; and
4. Marinas.
B. Policies.
1. Protect the navigation rights of the general public.
2. Provide the space necessary for water-dependent uses.
3. Protect, promote, and enhance the public's opportunity to enjoy the physical and aesthetic qualities of shorelines, including views of the water, while also protecting private property rights and public safety.
4. Increase the amount and diversity of shoreline access to the State's shorelines consistent with the natural shoreline character, property rights, public rights under the Public Trust Doctrine, and public safety.
5. Design shoreline access to give priority to public safety and minimize potential impacts to private property, individual privacy, and shoreline ecological functions and processes.
6. Include shoreline access facilities in development by public entities unless such access is shown to be incompatible because of safety or security concerns, adverse impacts to the shoreline environment or where a more effective public access system can be achieved through alternate means. Focus public access at the most desirable locations.
7. Publicly financed or subsidized development should not restrict public access to the water's edge except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions.
8. Design the scale and character of shoreline access areas and facilities proportionate to the scale of the proposed development.
9. Preserve and protect access opportunities offered by public road-ends and other public rights-of-way that abut the water's edge, existing shoreline public use areas, and other public areas that provide visual or physical access to the shoreline.
10. Discourage right-of-way for utility development that would impede shoreline access, trails, and recreation.
11. Give preference to new recreation uses that facilitate 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.
12. Acquire access to publicly owned tidelands and shorelands where appropriate and encourage cooperation among the County, landowners, developers, other agencies and organizations to enhance and increase public access to shorelines as specific opportunities arise.
C. Regulations – Residential. Residential developments containing five or more dwelling units shall provide and maintain a commonly owned tract between the water's edge and the first tier of lots closest to the water's edge for the benefit of all lots within said subdivision. The purpose of the tract is to maintain the natural visual appearance and ecological functions of the waterfront and to provide shoreline access.
D. Regulations – Non-Residential.
1. Public shoreline access shall consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, viewpoint, park, deck, observation tower, pier, boat launching ramp, dock or pier area, or other area serving as a means of view and/or physical approach to public waters. It may include interpretive centers and displays. Public shorelines access shall incorporate the following location and design criteria:
a. Public pedestrian access is required where open space, including critical areas, is provided along the water's edge, and public access can be provided in a manner that will not adversely impact shoreline ecological processes and functions.
(1) The access shall be buffered from sensitive ecological features and provide limited and controlled access to the water's edge where appropriate.
(2) Fencing may be used to control damage to plants and other sensitive ecological features.
(3) Pedestrian access shall be constructed of permeable materials to reduce impacts to ecologically sensitive resources.
b. Public areas and shoreline access points shall connect to abutting public sidewalks, walkways, trails and streets.
c. Where views of the water or shoreline are available and physical access to the water's edge is not present or appropriate, a public viewing area shall be provided.
d. Intrusions on privacy shall be minimized by avoiding locations adjacent to windows and outdoor private open spaces or by screening or other separation techniques.
e. Public shoreline access design shall provide for the safety of users to the extent feasible. Appropriate amenities such as benches, picnic tables, and public parking sufficient to serve the users shall be provided.
2. Public shoreline access shall be placed on-site unless 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.
d. Adverse impacts to shoreline ecological processes and functions will result from the public access.
e. Significant unavoidable conflict between any access provision and the proposed development and adjacent development would occur.
f. A public entity has enacted a program for effective public access to shorelines in lieu of project-specific access.
3. To meet any of the conditions in subsection D.2. above, the applicant shall demonstrate that all reasonable alternatives to providing on-site public access have been exhausted including, but not limited to:
a. Regulating access by such means as maintaining a gate and/or limiting hours of use; and/or
b. Separating uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.).
4. If on-site public shoreline access cannot be provided, off-site public shoreline access shall be provided consisting of a dedication of land, physical improvement, and/or equivalent financial contribution to a local public access fund for a specific public access project.
5. Off-site public shoreline access should be located in the general vicinity of the project.
6. The County shall not vacate a county road or part thereof which abuts a shoreline unless the purpose of the vacation is to enable a public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses, pursuant to RCW 36.87.130.
7. Public shoreline access sites (on or off site) should be fully developed and available for public use at the time of use or occupancy of the shoreline development. If a financial contribution to a parks department, agency, or entity furthering public access is allowed, the payment shall be received prior to occupancy, although the specific project it is funding need not be initiated.
8. Public shoreline access provisions shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded with the County Auditor's Office prior to the time of building permit approval, occupancy, or plat approval, whichever comes first pursuant to RCW 58.17.110. Future actions by the applicant's successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.
9. Maintenance of the public shoreline access facility over the life of the use or development shall be the responsibility of the owner unless otherwise accepted by a public or non-profit agency through a formal agreement recorded with the County Auditor's Office.
10. Shoreline access should be available to the public from dawn to dusk unless specific hours of operation are established through a shoreline permit or approval.
11. Public shoreline access sites shall be made barrier-free for the physically disabled and in accordance with the Americans with Disabilities Act (ADA).
12. Signs that indicate the public's right of shoreline access shall be constructed, installed, and maintained by the applicant or owner in conspicuous locations at public access sites.