18S.30.070 Shoreline Stabilization.
The intent of the Shoreline Stabilization policies and regulations is to allow shoreline stabilization structures or measures where no alternatives are feasible to accommodate development along the shorelines, while preserving and improving ecological functions of the shoreline and while protecting the shoreline environment from impacts caused by development within and adjacent to geologically hazardous areas.
A. Applicability. The policies and regulations of this Section apply to all uses and development on shorelines within all shoreline environment designations.
B. Policies.
1. Allow structural shoreline stabilization only where it is demonstrated to be necessary to support or protect an existing primary structure that is in danger of loss or substantial damage, or are necessary for reconfiguration of the shoreline for mitigation or enhancement.
2. Reduce the adverse effects of shoreline modifications and, as much as possible, limit shoreline modifications in number and extent.
3. Allow only shoreline modifications that are appropriate to the specific type of shoreline and environmental conditions for which they are proposed.
4. Protect shoreline ecological functions and mitigate the direct, indirect, and cumulative impacts of shoreline development where development is proposed.
5. Avoid new development, including the creation of new lots, that would cause foreseeable risk from geological conditions to people or improvements during the life of the development.
6. Avoid new development that would require structural shoreline stabilization over the life of the development.
7. Maintain existing bank stabilization conditions to reduce the occurrence or severity of landslides.
8. Provide adequate storm drainage controls to prevent runoff from increasing the occurrence or severity of landslides.
9. Allow stabilization structures or measures where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible.
10. Nonstructural methods are preferred over structural methods.
11. Repair and maintenance of existing structural stabilization measures, which are substantially degraded, should be considered new development.
C. Regulations.
1. New shoreline stabilization measures or structures shall be allowed only where they are demonstrated to be necessary to support or protect an existing primary structure that is in danger of loss or substantial damage or are necessary for reconfiguration of the shoreline for mitigation or enhancement purposes.
2. Repair and maintenance of existing structural shoreline measures shall: use the same or similar materials as the existing structure; encompass less than 60 percent of the structure over a 10 year period; and not expand the area to be protected.
3. Shoreline stabilization shall not create dry land.
4. Measures to protect development in or near an active shoreline erosion hazard area include, in order of priority: (a) locating development so it does not require shoreline stabilization, (b) soft stabilization methods, and then (c) hard stabilization methods. See Chapter 18E.110 PCC for Erosion Hazard Area regulations.
5. Shoreline stabilization measures are allowed only after the applicant has demonstrated that locating development a sufficient distance from the shoreline, including a location outside shorelines, to prevent shoreline erosion impacts to the development is not feasible.
6. If relocation of development is not feasible, the use of soft armoring techniques is the preferred method for shoreline protection.
7. Hard armoring shoreline erosion control measures are allowed only when the need to protect primary structures from damage due to erosion is demonstrated through a geological assessment-shoreline erosion geotechnical report, as set forth in PCC 18E.110.030 B. The report shall indicate the following:
a. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient;
b. The use of beach nourishment alone or in combination with soft armoring techniques is not adequate to protect the property from shoreline erosion processes;
c. The property contains an existing structure(s) that will be threatened within the next 10 years; and
d. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. Erosion is caused by natural processes, such as tidal action, currents, and waves.
8. Hard armoring shoreline protection measures shall not be allowed for protection of a proposed structure when it is determined that the proposed structure can be located landward of the 120-year regression area.
9. Stabilization measures shall not exceed the minimum actions necessary to address the erosion impacts.
10. Shoreline stabilization is prohibited to protect new structures from future channel migration except when such is achieved through relocation of development, bioengineering, soft armoring techniques, or public flood control projects.
11. Stabilization measures shall not alter the hydraulic energy along the shoreline such that nearby properties may require added shoreline stabilization in the future to protect against increased erosion.
12. The use of the shoreline erosion protection measure shall not cause a significant adverse impact on adjacent properties (i.e., increase erosion on adjacent properties).
13. Stabilization measures shall not include jetties and breakwaters except as an integral component of a professionally designed harbor, marina, or port.
14. Stabilization structures shall not be located waterward of the ordinary high water mark (OHWM) or any existing shoreline stabilization structure unless there are overriding safety, structural, or environmental concerns, and except for structures that are intrinsically required to be below the OHWM. In such cases, the replacement shall abut existing shoreline stabilization structure. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the OHWM.
15. Breakwater structures shall be floating, portable, or submerged, unless it is demonstrated that such structures are not feasible, or that a different design structure will have less environmental impact.
16. Erosion Hazard Area regulations are found in Title 18E PCC, Development Regulations – Critical Areas, and Chapter 18E.110 PCC, Erosion Hazard Areas.