18S.40.140 Water Access Facilities.
The Water Access Facilities policies and regulations are intended to manage development of facilities that support water dependent uses such as mooring buoy, mooring piling, float, lift, railway, launching ramp, dock (pier, ramp, and/or float), marina, and water access stairs.
A. Applicability. This Section applies to water dependent facilities such as mooring buoy, mooring piling, float, lift, railway, launching ramp, dock (pier, ramp, and/or float), boathouse, and marina.
B. Policies.
1. Locate, design, and operate facilities so that other water-dependent and preferred uses are not adversely affected.
2. Discourage facilities that serve only one residence, and encourage facilities serving more than one residence.
3. Discourage railways, docks and launching ramps on shallow, gradually-sloping beaches that result in excessively long facilities, or normal length facilities that are nonfunctional (e.g., high and dry) a majority of the time.
4. Size facilities in small water bodies, such as coves, bays, and inlets to accommodate maneuverability and existing legally established uses.
5. Give preference to facilities:
a. That provide public access and recreational opportunities;
b. That are landward of the ordinary high water mark (OHWM) such as upland dry storage marinas;
c. That are waterward of the OHWM that can be removed seasonally rather than permanent facilities; or
d. That minimize the amount of shoreline modification (e.g., buoys rather than docks).
6. Encourage the removal of unutilized or derelict facilities.
7. Restrict liveaboards from extended mooring except when located at a marina.
8. Limit proposals located in a constricted body of water to ensure the site is not overrun with facilities and has the flushing capacity necessary to maintain water quality.
C. Regulations – General.
1. New piers and docks shall be allowed only for water-dependent uses or public access and shall be the minimum size necessary to meet the needs of the proposed use. As used here, a dock associated with a single-family residence is a water-dependent use; provided, that it is designed and intended as a facility for access to watercraft or the water.
2. Floating facilities (including anchor lines) and vessels moored to all facilities shall not ground or beach on the substrate. Flotation material shall be fully enclosed and contained.
3. Facilities shall be stable against the elements and maintained in safe and sound condition.
4. Facilities waterward of the OHWM in marine waters shall consist of an open framework (e.g., pilings, grated surfaces, cable railings, floating facilities held in place with anchors) as opposed to solid surfaces with no openings, to the maximum extent feasible.
5. In- and over-water facilities shall be visible under normal day and nighttime conditions. Visual aids may include reflectors and warning lights, and shall be consistent with any applicable U.S. Coast Guard requirements.
6. Accessory uses shall be:
a. Limited to water-dependent recreation (such as fishing and swimming) and may involve the addition of swim ladders, diving boards, slides, trampolines, etc., where allowed; or
b. Related to boating, necessary for operation of the facility and/or provide water access.
7. Lighting (except for warning lights) shall be the minimum voltage and height necessary for safe use of the facility and shielded to prevent glare.
8. Utilities should be placed on or under, and not overhead, of the facility.
9. Off-shore facilities shall be:
a. Clearly marked with the owner's name, contact information and, if on State land, Washington State Department of Natural Resources (DNR) registration number; and
b. Located so that they balance the goals of avoiding nearshore habitat, minimizing obstructions to navigation, and minimizing impacts to legally established facilities and moored vessels.
c. Extended moorage on waters of the State shall be consistent with State regulations.
10. Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the over-water structure.
11. Fueling facilities are prohibited, unless located at a marina.
12. Height of a facility should be the minimum necessary for safe operations.
13. In a constricted body of water, docks, except for residential docks, shall be allowed only where there is one surface acre of water within the constricted body, measured at mean low water, for each boat moorage (including buoys) within said constricted body.
14. Maximum intrusion into the water shall be only so long as to obtain a depth of 8-feet of water as measured at mean lower low water (MLLW) on saltwater shorelines, or as measured at ordinary high water in freshwater shorelines, except that the intrusion into the water of any pier or dock shall not exceed the lesser of 15 percent of the fetch or the maximum allowed length.
15. New waterfront developments of two or more dwelling units and land divisions containing two or more dwelling units within shoreline jurisdiction shall provide for joint use water access, unless determined during the review of the project that such joint use water access is infeasible due to topographic constraints.
16. Water access facilities are subject to Chapter 18E.110 PCC, Erosion Hazard Areas.
17. This Section shall not be circumvented by installing a motor, motor mount, oars, etc., on a facility and registering it as a vessel.
D. Regulations – Residential. The following regulations apply to residential water access facilities serving four or fewer parcels:
1. Facilities may be allowed if a residential parcel meets the following criteria:
a. The parcel abuts either the water's edge or is separated from the water's edge by an existing road that abuts the water's edge;
b. The parcel is vacant or developed with a maximum of two dwellings (not including legally established accessory uses); and
c. The parcel is not within a residential development having a previous land use decision that prohibits establishment of the facility.
2. Residential properties may be served by one dock (including a pier, ramp and/or float). For purposes of this subsection, a residential dock may accommodate temporary floats and boat lifts. The following additional criteria shall apply to the number of water access facilities allowed:
a. A parcel may have no more than one railway;
b. A parcel may have no more than one mooring buoy or mooring piling except a second mooring buoy may be authorized to secure moorage when authorized by the Washington State Department of Natural Resources;
c. Facilities attached to another facility (such as boat and jet ski lifts attached to docks) shall be considered permitted accessory uses.
d. Piers and docks shall be prohibited in the Aquatic Marine Shoreline Environment Designation at various shoreline locations as mapped by the County and included in this Master Program as Chapter 18S.70 PCC, Appendix J – Water Access Facility Prohibition Map. These Shoreline locations include the following:
(1) Shoreline locations identified as having highly intact ecological functions, relatively few overwater structures, and options for public access or recreation (and two out of three of the following attributes: unstable slopes, high nearshore tidal currents, wide tidal flats), shown in Appendix J as "ESA Proposed";
(2) Shoreline locations designated as "Marine Shoreline Critical Salmon Habitat" shown on Appendix J as "Marine Shoreline Critical Salmon Habitat";
(3) Shoreline areas that meet the criteria in both subsections D.2.d.1 and D.2.d.2 above, shown in Appendix J as "Both Criteria"; and
(4) Shoreline locations identified as having cultural or archaeological resources incompatible with new residential piers and docks. These areas are located along the Browns Point and Dash Point shoreline starting at the Tacoma City limits near State Route 509 and continuing west and north to King County and are shown in Appendix J as "Pierce County Council Adopted."
3. If a principal residence occupies more than one parcel, then the project site shall be considered one parcel for purposes of this Section.
4. Use of residential water access facilities shall be limited to property owners, residents, and guests for recreational noncommercial purposes, except for those associated with a legally established home occupation or cottage industry.
5. Docks and railways serving one parcel shall be subject to the following:
a. Applicants shall contact abutting shoreline owners and inquire about sharing any existing legal facilities they may have or, if none exist, their interest in participating in a new one;
b. Applicants shall demonstrate how they considered the use of existing facilities and joint use of a new facility, and why these alternatives are not feasible; and
c. Docks may consist of shapes other than a straight line, such as a "U," "T," or "L," as determined by the appropriate reviewing authority.
6. Facilities serving more than one parcel, under the same or different ownership, shall be subject to the following:
a. Applications shall include documentation of all parcel property owners that would share the facility. Prior to construction or installation, the owners shall record with the County Auditor a joint-use agreement that will appear on the titles of all parcels sharing the facility. The agreement should address apportionment of responsibilities/expenses, easements, liabilities, and use restrictions;
b. Shoreline permits shall not be required for conversion of an existing, legal single-use facility to joint-use facility unless modifications are proposed. However, a joint-use agreement shall be recorded with the County Auditor and a copy provided to Planning and Land Services; and
c. Docks may consist of shapes other than a straight line, such as a "U," "T," or "L," as determined by the appropriate reviewing authority.
7. Water service and sewage pump-out facilities are allowed.
8. A facility or combination of facilities shall not enclose surface waters on all sides for personal use (such as a swimming enclosure).
9. Boathouses.
a. Boathouses shall be constructed landward of the OHWM;
b. Boathouses may be served by utilities, but otherwise shall not be utilized for purposes other than boat storage;
c. A boathouse may include a sink and toilet but shall not include other bathroom facilities or other human habitation accommodations;
d. A boathouse shall be limited to a maximum of 300 square feet and shall not exceed a building height of 12 feet; and
e. A boathouse may have a zero setback from the OHWM, but allowance of the boathouse shall not justify the need for shoreline armoring.
10. Launching ramps, and covered moorage that is not light penetrable, are prohibited waterward of the OHWM.
11. Water access stairs shall not be constructed waterward of the OHWM. Landings within the stairway shall be limited to the minimum size necessary to meet applicable building codes.
E. Regulations – Recreational and Marina. The following regulations apply to facilities serving more than four parcels, private and public recreational facilities, and marinas:
1. Number of moorage facilities permitted:
a. Community recreational: Maximum one moorage for each 20 feet of frontage, up to 200 feet, plus one moorage for each additional 10 feet of frontage (e.g., a 20-boat facility would require 300 feet of frontage). In no case shall there be more than one moorage space for each parcel.
b. Private recreational: Maximum one moorage for each 30 feet of frontage up to 210 feet of frontage plus one moorage for each additional 15 feet of frontage (e.g., a 20-boat facility would require 450 feet of frontage).
c. Public recreational: Maximum one moorage for each 10 feet of frontage up to 200 feet of frontage plus one moorage for each additional 5 feet of frontage (e.g., a 50-boat facility would require 350 feet of frontage).
2. Non-waterfront residents shall be restricted to use of buoys or community recreational, private recreational, public recreational, and marina facilities.
3. Accessory uses consisting of buildings and non water-dependent uses shall be located landward of the OHWM, and shall meet applicable buffers and setbacks, unless authorized by another Section of this Title.
4. Design facilities to accommodate, at a minimum, capacity normal to a non-holiday summer weekend, including but not limited to adequate off-street parking, restrooms, waste facilities, life-saving equipment, spill control and cleanup equipment, and facilities for collection and dumping of sewage and solid waste.
5. Signage providing usage rules shall be provided and shall be located in a conspicuous manner.
6. Liveaboard vessels may occupy up to 10 percent of the total slips at a marina, subject to the following:
a. They are only for single-family use; and
b. Vessels are connected to utilities that provide potable water and sewage/ wastewater disposal to an approved disposal facility.
7. Covered moorage that is not light penetrable are prohibited waterward of the OHWM.
8. The applicant shall demonstrate that a specific need exists to support the intended water-dependent use and that shared use of existing facilities in the vicinity, including marinas, are not adequate or feasible.
F. Regulations – Non-Recreational. The following regulations apply to civic, utility, resource, commercial, and/or industrial facilities:
1. Number of facilities permitted will be determined by the appropriate reviewing authority.
2. Facilities shall only be allowed for water-dependent uses. Water-related and water-enjoyment uses may be allowed as part of a mixed-use development on over-water structures where they are clearly auxiliary to, and in support of, water-dependent uses.
3. The applicant shall demonstrate that a specific need exists to support the intended water-dependent use and that shared use of existing facilities in the vicinity, including marinas, are not adequate or feasible.
4. Non water-dependent accessory uses shall not be allowed waterward of the OHWM except in limited instances where they are necessary to support a water-dependent use.
5. Covered facilities waterward of the OHWM shall only be allowed where demonstrated to be necessary, such as covered walkways for a ferry terminal or shipyard.
6. The maximum intrusion into the water shall be no more than that required for the draft of vessels expected to moor at the facility.
G. Regulations – Dimension Tables. Tables 18S.40.140-1 and 18S.40.140-2 contain dimension standards for boating facilities addressed in this Section. The following information pertains to the interpretation of the Table:
1. Facilities attached to another facility, such as a pier and ramp attached to a dock (see Figure 18S.40.140-2), shall be considered one facility for the purpose of dimensional measuring.
2. Piling detached from, but utilized for, mooring/berthing to a dock, such as dolphin structures, shall not be considered part of the pier/dock dimension but shall be considered a separate facility.
H. Regulations – Dimensions. Refer to Tables 18S.40.140-1 and 18S.40.140-2 for dimension standards.
1. "Water Depth at Terminus" means the vertical distance from the bottom of the water body to the water's surface at the end of the facility.
a. On saltwater, the measurement is based upon mean lower low water (MLLW).
b. On freshwater, the measurement is based upon the OHWM.
c. For both salt and fresh water, depth shall be measured at the furthest point from the OHWM.
2. "Fetch" means the distance across a water body measured in a straight line from where a facility connects to the OHWM to the closest point on the opposite shore.
a. Fetch shall only apply to facilities that connect to the OHWM.
b. Fetch shall be determined as follows:
(1) Identify the location where the facility will connect with the OHWM.
(2) Identify which direction the long axis of the facility will extend in/over the water.
(3) From where the facility will connect with the OHWM, draw a line along the long axis.
(4) Beginning at the point where the facility connects with the OHWM, draw two 45 degree angles extending waterward, one on each side of the line drawn along the long axis.
(5) The fetch is the distance from where the facility connects to the OHWM to the closest point of OHWM on any shoreline that lies within either of the two 45 degree angles and is not located on the subject parcel.
3. "Length" means the linear distance of all facility segments measured from the OHWM, except that for Lake Tapps, the linear distance of a facility shall be measured from the 543-foot elevation of the Lake. The length of the facility includes any attached "U", "T" or "L" segments. See Figure 18S.40.140-1, Length of Dock Measurement.
4. "Width" means the distance of the facility measured from side to side.
5. Setbacks waterward of the OHWM.
a. For water access facilities located in bedlands or tidelands owned by the upland property owner, a minimum separation of 10 feet shall be maintained from the side property lines. For water access facilities located on bedlands or tidelands, not owned by the upland property owner (such as state-owned tidelands), a minimum separation of 10 feet should be maintained between the structure and the side property lines extended as per Appendix I, Waterfront Titles in the State of Washington. The placement of over- or in-water structures shall not substantially interfere with the use and enjoyment of the water or the over- or in-water structures on the neighboring property.
b. For parcels that share a water access facility, setbacks shall not be required from their mutual property line.
c. Facilities authorized pursuant to this Section shall not extend over, or swing across, side property lines (of those not sharing the facility) without prior written authorization from the affected property owner(s).
FIGURE 18S.40.140-1 -- Length of Facility Measurement
FIGURE 18S.40.140-2 -- Pier, Ramp, Dock
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Table 18S.40.140-1. Residential Water Access Facility Dimensions |
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Water Depth at Terminus |
Dock or Railway |
Minimum: 0 feet |
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Maximum: 8 feet |
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Fetch |
Dock or Railway |
Maximum: 15 percent |
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Length of Facility |
Dock, Ramp, Pier |
Saltwater |
Maximum: |
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150 feet, when serving one or two parcels. |
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175 feet, when serving three parcels. |
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200 feet, when serving four or more parcels. |
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Freshwater |
Maximum: 60 feet |
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Railway |
Maximum: 60 feet |
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Width |
Pier Ramp |
Maximum: 6 feet |
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Dock Railway |
Maximum: 8 feet |
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Area |
Dock, Ramp, Pier |
Saltwater |
Maximum: |
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900 square feet when serving one or two parcels. |
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1,200 square feet when serving three or more parcels. |
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Freshwater |
Maximum: |
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360 square feet when serving one parcel. |
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480 square feet when serving two or more parcels. |
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Float (not attached to land or a dock) |
Maximum |
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100 square feet, when serving one parcel. |
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200 square feet, when serving two to four parcels. |
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Table 18S.40.140-2. Recreational, Marina and Non-Recreational |
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Water Depth at Terminus |
Recreational, Marina |
Dock, Railway, Launching Ramp |
Minimum: 0-feet |
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Non-Recreational |
As determined by the appropriate reviewing authority |
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Fetch |
Recreational, Marina |
Dock, Railway, Launching Ramp |
Maximum: 15% |
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Non-Recreational |
As determined by the appropriate reviewing authority |
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Length |
Recreational, Marina, Non-Recreational |
As determined by the appropriate reviewing authority |
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Width and Area |
Recreational, Marina, Non-Recreational |
As determined by the appropriate reviewing authority |
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