SHORELINE MASTER PROGRAM

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SHORELINE MASTER PROGRAM

WHAT YOU WILL FIND IN THIS CHAPTER

Shoreline Master Programs are subject to the Shoreline Management Act (RCW 90.58), and the goals and policies of the Shoreline Master Program are included in Comprehensive Plans under the Growth Management Act (RCW 36.70A).

GOALS

1. To prevent the inherent harm in uncoordinated and piecemeal development of the city’s shorelines.
2. To protect, preserve, and enhance the ecology, environment, and amenities of the city’s shorelines for use and enjoyment of present and future generations by limiting, insofar as practical, any resultant damage to the ecology and environment of the shoreline area.
3. To protect the public’s opportunity to enjoy optimal access to the physical and aesthetic qualities of the shoreline consistent with the overall best interest of the city and the state.
4. To increase and encourage water-enjoyment recreation for the public on the city’s shorelines when appropriate and consistent with the public interest.
5. To give preference to uses which are consistent with control of pollution and prevention of damage to the nature environment, or are unique to or dependent upon use of the shoreline.
6. To give priority to single family residences.

7. To give priority to non-single-family uses such as water-dependent recreational development, and other development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the state.
8. To discourage new or expanded commercial uses and activities on the city's shorelines except where those commercial uses or activities are associated with water-dependent uses.

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OVERVIEW

In response to a citizen initiative, Washington's Shoreline Management Act (SMA) was adopted by the Legislature in 1971 and accepted by the public in a 1972 referendum. The SMA was a reaction to what was perceived to be uncoordinated and piecemeal development of the state's shorelines occurring without sufficient concern for the resource.

The SMA elaborated three broad areas of policy: environmental protection, preferred shoreline use, and public trust. Key objectives are to protect and restore the valuable natural resources that shorelines represent, to plan for and foster all "reasonable and appropriate uses" that are dependent upon a waterfront location, and to increase recreational opportunities for public enjoyment of the shoreline. As a consequence, the SMA established a priority of uses that emphasized statewide over local interest, preservation of natural character over development, and long-term benefit over short-term gain, while seeking protection for the ecological functions of the shoreline.

Implementation responsibility for SMA was placed with local jurisdictions through a planning and regulatory program administered under State guidance and oversight. This cooperative implementation model balances local and state-wide interests in the management and development of shoreline areas by requiring local governments to plan (via shoreline master

SHORELINE MASTER PROGRAM

programs) and regulate (via permits) shoreline development within SMA jurisdiction. Local government actions are monitored by the Washington Department of Ecology (Ecology), which approves new or amended shoreline master programs, reviews substantial development permits, and approves shoreline conditional use permits and variances.

After the SMA’s passage, Ecology adopted administrative rules to serve as a standard for the implementation of the SMA and to provide direction to local governments and Ecology in preparing shoreline master programs. Two hundred forty-seven cities and all 39 counties have prepared SMPs based on this original guidance. Local master programs combine both plans and regulations. The plans comprise a vision of how shoreline areas will be used and developed over time. Regulations are the standards that shoreline projects and uses must meet.

New guidelines for local shoreline master programs were adopted in 2003, and jurisdictions were given a time table for compliance with the new guidelines. Later, legislation extended the time period for completing the required update and added state funding to support the compliance effort.

The net effect of the new guidelines is to focus review and amendment of local master programs on using a process to identify, inventory, and ensure meaningful understanding of the ecological functions provided by shorelines within the local jurisdiction. Even more important is a focus on “no net loss” of ecological function necessary to sustain shoreline resources identified in the Shoreline Inventory and Analysis. This translates into a policy of avoidance first, mitigation second. Future cumulative impacts must be considered as well. Moreover, there is recognition in the guidelines that many communities contain degraded shorelines, and that regulatory requirements imposed through the permitting process should be appropriately focused on impact avoidance and mitigation. Consequently,

WHAT DOES IT MEAN?

▶ Guidelines adopted in 2003 focus review and amendment on a process to identify, inventory, and ensure meaningful understanding of shoreline ecological functions.

▶ Guidelines focus on “no net loss” of ecological functions necessary to sustain shoreline resources.

▶ Policy translates into avoidance first, mitigation second.

master programs must include goals and policies that provide opportunities to support restoration of impaired ecological functions through non-regulatory avenues such as development and implementation of a community shoreline restoration plan.

BELLEVUE’S SHORELINE MASTER PROGRAM (SMP)

Bellevue adopted its first SMP in 1974, and it remained essentially unchanged with only minor amendments after that time. The first SMP was made up of the Comprehensive Plan policies contained in the Shoreline Element and regulations contained in the Shoreline Overlay District Part 20.25E of the Land Use Code.

When a new SMP was required to be adopted consistent with the 2003 guidelines, development of policies and regulations tailored to Bellevue-specific conditions was identified as an important community objective. As a result, policies and regulations were developed:

• To acknowledge the substantially urbanized condition that was identified during the inventory of Bellevue shorelines;
• To ensure no net loss of existing shoreline functions rather than requiring a return to pre-development conditions;
• To enhance neighborhood livability by focusing on preservation of natural features and the creation of places and neighborhoods that people enjoy;
• To facilitate stewardship efforts that start with the shoreline property owners, and to recognize that effective stewardship of shoreline resources requires partnership with all Bellevue residents and the City of Bellevue departments responsible for managing public lands and programs;
• To foster reinvestment that maintains existing shoreline ecological functions through adoption of a user friendly and predictable regulatory framework that is flexible, and requires

a minimum of technical expertise;

• To recognize that resource management practices undertaken by city departments provide an environmental foundation for allowing increased regulatory flexibility for private shoreline property owners;
• To affirm that SMP goals are not achievable through regulations alone, and that regulatory changes should be pursued only to the extent that such changes are consistent with constitutional and other legal limitations on the regulation of private property rights;
• To provide an SMP that is tailored to unique characteristics of land designated as shoreline jurisdiction in Bellevue; and
• To provide guidance and opportunities for public and private entities to voluntarily fund and implement restoration projects to improve degraded conditions.

The new Bellevue SMP was updated through an inclusive update process that sought to capture the community’s vision for shoreline use and development by obtaining the input of a wide range of stakeholders from across the city. This SMP consists of new policies that are contained in the Shoreline Element to the Comprehensive Plan, new regulations that are contained in the Shoreline Overlay District Part 20.25E and the Critical Areas Overlay District Part 20.25H of the Land Use Code, shoreline environment designation and jurisdiction maps, a shoreline inventory and characterization, and a shoreline restoration element. These parts together represent a Bellevue-appropriate response to the state mandate to adopt a new SMP consistent with the 2003 guidelines.

SHORELINE AREA

As defined by the Shoreline Management Act of 1971, shorelines include certain waters of the state plus their associated “shorelands.” At a minimum, the waterbodies designated as

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CITY OF BELLEVUE COMPREHENSIVE PLAN

JURISDICTION AREAS

▶ Lake Washington

▶ Lake Sammamish

▶ Lower Kelsey Creek

▶ Mercer Slough

▶ Phantom and Larsen lakes

▶ Shorelands 200 feet from the OHWM, and including the floodway and 200 feet of adjacent floodplain where present, of each of the listed waterbodies

(See Figure SM-1)

shorelines of the state are streams whose mean annual flow is 20 cubic feet per second (cfs) or greater and lakes whose area is greater than 20 acres. Shorelands are defined as:

“those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter...Any county or city may determine that portion of a one-hundred-year-floodplain to be included in its SMP as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet there from...Any city or county may also include in its SMP land necessary for buffers for critical areas (RCW 90.58.030).”

In addition, rivers with a mean annual flow of 1,000 CFS or more are considered shorelines of statewide significance. The lateral extent of the shoreline jurisdiction shall be determined for specific cases based on the location of the ordinary high water mark (OHWM), floodway, and presence of associated wetlands.

The City’s original shoreline management area included the shorelines along Lake Washington, Lake Sammamish, lower Kelsey Creek, Mercer Slough, Phantom Lake, and their associated wetlands. This shoreline management area has been adjusted concurrent with this SMP update. Modifications to the jurisdiction boundary, as detailed in the Shoreline Analysis Report, are based on new information regarding associated wetlands and mean annual flow volumes. Jurisdictional areas based on analysis conducted as part of the Shoreline Update include:

• Lake Washington
• Lake Sammamish
• Lower Kelsey Creek
• Mercer Slough
• Phantom Lake (including Larson Lake and other associated wetland areas)
• Shorelands 200 feet from the OHWM, and including the

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floodway and 200 feet of adjacent floodplain where present, of each of the listed waterbodies

• Associated wetlands

The total area subject to the City’s updated SMP is approximately 960 acres (1.50 square miles), and encompasses 19.7 miles of stream and lakeshore. Table 1 shows the breakdown of jurisdictional area for each shoreline waterbody.

Table 1. Area of shoreline jurisdiction (See Figure SM.1)

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SHORELINE PLANNING POLICIES

The City of Bellevue Shoreline Master Program is a planning document that outlines goals and policies for the shorelines of the City, and also establishes regulations for development occurring within shoreline jurisdiction. Shoreline policies establish broad shoreline management goals that direct or authorize a course of action or specify principles to guide regulatory or non-regulatory actions. The policies serve as the basis for regulations that govern use and development along the shoreline. Regulations are more specific standards that are used in the evaluation of shoreline development proposals. The City of Bellevue must evaluate development applications in light of these policies and may approve a permit or issue a letter of exemption only after determining that the development conforms to the intent of the policies in the Shoreline Master Program. Policies also function to help in directing or prioritizing spending on facilities and services within

the shorelines of the state. And finally, policies may function to guide decision-makers when considering regional issues such as transportation, resource management, and environmental protection.

ORGANIZATION

The balance of this Shoreline Element of the Comprehensive Plan is devoted to the City's overall shoreline management policies, and builds on the Shoreline Management Goals described at the beginning of this Element.

The first section includes policies that govern how shoreline areas are given an environment designation. This section also includes specific management direction for each environment designation.

This shoreline environment designation policies are followed by policies focused on the status of shorelines deemed significant from a state-wide perspective. The shoreline uses noted here come from the Shoreline Management Act and are ranked in order of preference thereby ensuring the priority of statewide interest over local interest.

The next section contains general shoreline policies applicable to all shoreline uses, activities, and development, regardless of shoreline environment designation or use that may occur along the shoreline. The intent of these provisions is to be inclusive, making them applicable over a wide range of environments as well as for particular uses and activities.

Specific shoreline use policies follow general shoreline policies section with a focus on policies that apply to common uses and development to the extent they occur within shoreline jurisdiction.

The last section is devoted to policies concerning alterations and modifications of the shoreline. Shoreline modifications are

generally related to construction of a physical element such as shoreline stabilization measure, pier, or breakwater. Modifications also include the action of manipulating shoreline features. Actions include dredging and fill, vegetation modification, and land modification associated with structure assembly. Shoreline modifications usually are undertaken in support of or in preparation for a shoreline use such as a new dock or shoreline stabilization measure built in support of an allowed use.

SHORELINE ENVIRONMENT DESIGNATION POLICIES

Introduction

The Shoreline Management Act (Chapter 90.58 RCW) and Shoreline Guidelines (Title 173-26 WAC) provide for shoreline environment designations to serve as a tool for applying and tailoring general policies of the SMA to local shorelines circumstances. Pursuant to the Guidelines, shorelines of the state that meet the criteria established in WAC 173-26-211 are given a shoreline environment designation. The purpose of the shoreline environment designation system is to ensure that land use, development, or other activity occurring within the designated shoreline jurisdiction is appropriate for that area, and that consideration is given to the special requirements of that environment. Shoreline environment designations provide a means of adapting broad policies to shoreline sub-units of differing conditions and value, and a means to integrate comprehensive planning into SMP regulations. In accordance with WAC 173-26-211, the following shoreline environment designation provisions apply; including purpose, designation criteria, and management policies.

Shoreline Environment Designation Maps

The Shoreline Environment Designation Maps can be found in Appendix A. The maps illustrate the shoreline environment

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CITY OF BELLEVUE COMPREHENSIVE PLAN

WHAT ARE THE SHORELINE ENVIRONMENT DESIGNATION AREAS?

• Recreational Boating
• Shoreline Residential
• Shoreline Residential - Canal
• Urban Conservancy
• Urban Conservancy - Open Space

designations that apply to all shorelines of the state within the City of Bellevue’s jurisdiction. The lateral extent of the shoreline jurisdiction shall be determined for specific cases based on the location of the ordinary high water mark (OHWM), floodway, and presence of associated wetlands.

AQUATIC ENVIRONMENT DESIGNATION

Purpose of the Aquatic Environment Designation

The purpose of the Aquatic environment designation is to protect, manage, and restore the unique characteristics and resources of the areas waterward of the ordinary high water mark (OHWM).

Aquatic Environment Designation Criteria

An Aquatic environment designation will be assigned to shoreline areas waterward of the ordinary high-water mark.

Aquatic Environment Designation Management Policies

SH-1. Allow compatible water-dependent uses and development when associated with permitted upland uses and in accordance with applicable policies and regulations.

SH-2. Prohibit new over-water uses and development except for water-dependent uses, piers and docks accessory to single-family residences, public access, or ecological restoration.

SH-3. Locate and design uses and development to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife and material necessary to create or sustain their habitat, particularly those species dependent on migration.

URBAN CONSERVANCY- OPEN SPACE ENVIRONMENT DESIGNATION

Purpose of the Urban Conservancy – Open Space Environment Designation

The purpose of the Urban Conservancy-Open Space environment designation is to protect, retain, or restore those shoreline areas that are relatively free of urban development or that include intact or minimally degraded shoreline functions intolerant of urban development. These systems require limitations on use and development intensity to maintain the ecological functions and ecosystem wide processes. The primary management goal is to focus restoration where benefits to overall functions and processes can be realized while allowing a range of less intensive recreational uses than found on land designated as Urban Conservancy.

For the UC-OS environment designation, focus is on dispersed, low-intensity recreation, with walking, running, wildlife viewing and scientific education or research being the primary uses. The purpose of this environment designation is furthered by keeping the overall intensity of development low and by husbanding or enhancing the natural character of the area.

Urban Conservancy-Open Space Environment Designation Criteria

An Urban Conservancy Open-Space environment designation will be assigned to shorelands with relatively high levels of existing ecological function and an intensity of development that is generally compatible with maintaining or restoring ecological functions. Included are those areas:

1. Where development activities and uses are confined to those activities that support low intensity, dispersed recreation, or other low intensity uses that are compatible with maintenance and restoration of shoreline ecological

functions;

2. Where ecological functions are more intact than areas designated Urban Conservancy;

3. Where ecological function is high and ecological processes are mostly intact and there is obvious potential for shoreline ecological restoration; and,

4. Where critical areas or cultural features are present that require heightened restrictions on use and development.

Urban Conservancy-Open Space Environment

Designation Management Policies

SH-4. Limit uses to those that sustain the shoreline area’s physical and biological resources or to uses that do not substantially degrade ecological processes and functions while providing a range of dispersed low- intensity recreational opportunities.

SH-5. Avoid commercial activities except those that facilitate low-intensity recreational opportunities such as dispersed, non-motorized personal watercraft access, walking, and science education or research.

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URBAN CONSERVANCY ENVIRONMENT

DESIGNATION

Purpose of the Urban Conservancy Environment

Designation

The purpose of the Urban Conservancy environment designation is to maintain shoreline ecological functions and foster opportunities to restore shoreline ecological functions while allowing compatible uses and development, such as public and private access to the shoreline. The primary management goal for the UC environment designation is to recognize existing recreation resources and focus restoration in areas where benefits to overall ecological functions and processes can be

realized while allowing a range of compatible uses. This goal should be furthered by keeping the overall development intensity low and by husbanding or enhancing the natural character of land designated as UC.

Urban Conservancy Environment Designation Criteria

An Urban Conservancy environment designation will be assigned to shorelands with moderate to high levels of existing ecological function for which existing and planned development is compatible with maintenance or restoration of ecological functions. Included are those areas:

1. Where development and uses are confined to those activities that support recreation, public access, or low-density residential uses that are compatible with maintenance and restoration of ecological function;

2. Where shoreline ecological functions are more intact than areas designated shoreline residential;

3. Where there is obvious potential for ecological restoration; and,

4. Where critical areas or cultural features are present that require heightened restrictions on development and use.

Urban Conservancy Environment Designation

Management Policies

SH-6. Limit uses to those that sustain the shoreline area’s physical and biological resources or to uses that do not substantially degrade ecological processes and functions while providing a range of recreational opportunities.

SH-7. Implement public access and public recreation objectives whenever feasible, and permit new water-oriented public park development subject to

performance standards.

SH-8. Permit commercial use and activity enhancing the public’s enjoyment of shorelines provided this use and activity occur in a manner that is compatible with protecting ecological functions and processes. New commercial and industrial use, other than that accessory to public or private parks, should be prohibited.

SHORELINE RESIDENTIAL ENVIRONMENT DESIGNATION

Purpose of the Shoreline Residential Environment Designation

The purpose of the Shoreline Residential environment designation is to accommodate single or multifamily residential development and appurtenant structures that are consistent with the Bellevue SMP. An additional purpose is to provide appropriate public access and recreational uses.

Shoreline Residential Environment Designation Criteria

A Shoreline Residential environment designation is assigned to Bellevue shorelands which are predominantly characterized by residential development or are planned for residential development and exhibit moderate to low levels of ecological functions because of historic shoreline modification activities.

Shoreline Residential Environment Designation Management Policies

SH-9. Recognize residential development, appurtenant structures, and water-dependent and water-enjoyment recreation activities as preferred where they are appropriate and can be developed without significant impact to ecological functions identified in the Shoreline Analysis Report or displacement of water-dependent uses.

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SHORELINE RESIDENTIAL CANAL ENVIRONMENT DESIGNATION

Purpose of the Shoreline Residential Canal Environment Designation

The purpose of the Shoreline Residential Canal environment designation is to maintain single-family residential development adjacent to artificially-created canals in the Newport Shores Community. The SRC designation acknowledges the unique characteristics of that portion of the Newport Shores Community dependent on artificial canals for access to waters of the state for the purpose of navigation. This environment designation also identifies specific physical and biological constraints related to the presence of engineered bulkheads to support the artificial canal system and the filled lands behind the bulkheads.

Shoreline Residential Canal Environment Designation Criteria

A Shoreline Residential Canal environment designation is assigned to Bellevue shorelands within the Newport Shores community with frontage along an artificial canal system which is dependent on engineered bulkheads for structural support. These areas are characterized by a relatively low-level of shoreline ecological function. The SRC environment does not include those Newport Shores properties with frontage on the Lake Washington shoreline and not exclusively on canals.

Shoreline Residential Canal Environment Designation Management Policies

SH-10. Recognize residential development, appurtenant structures, and water-dependent and water-enjoyment recreation activities as preferred uses where they are appropriate and can be developed without significant impact to ecological functions or displacement of water-dependent uses.

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SH-11. Allow for the maintenance, repair, and replacement of structural bulkheads necessary to preserve the original canal design provided the objective of no net loss of ecological function is satisfied.

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RECREATIONAL BOATING ENVIRONMENT DESIGNATION

Purpose of the Recreational Boating Environment Designation

The purpose of the Recreational Boating environment designation is to provide a variety of water-dependent and water-oriented uses, with primary focus on activities associated with recreation. The RB environment designation should not support heavy commercial or industrial uses, other than those limited commercial activities conducted accessory to a marina use.

Recreational Boating Environment Designation Criteria

A Recreational Boating environment designation is assigned to Bellevue shorelands currently used as marinas (both public and private), yacht clubs, community clubs supporting water-dependent recreational boating uses and associated activities. Additional RB areas may be designated as demand for public and private access to viewing, water-oriented recreation, and recreational boating facilities increases, but an SMP map amendment would be required to accommodate this change.

Recreational Boating Environment Designation Management Policies

SH-12. Recognize the range of conditions and uses that have historically characterized lands designated as Recreational Boating.

SH-13. Give priority to water-dependent uses. Do not allow non water-oriented uses except as accessory to

marinas, yacht clubs, and community clubs where such uses do not conflict with or limit opportunities for water-oriented uses, or where direct access to the shoreline is not available.

SHORELINES OF STATEWIDE

SIGNIFICANCE

The Shoreline Management Act identifies certain shorelines as “shorelines of statewide significance” and raises their status by setting use priorities and by calling for a higher level of effort in implementing these policy goals. The State Legislature has declared that the interest of all people shall be paramount in the management of shorelines of statewide significance. In addition, the Legislature has established policy goals that govern shorelines of statewide significance. Significantly, these goals are ranked in order of preference thereby ensuring the priority of the first goal over all subsequent goals.

Applicability of Shorelines of Statewide Significance

Policies

The provisions of this section apply to all uses and activities located within shoreline jurisdiction associated with a shoreline of statewide significance, as outlined in RCW 90.58.020. Shorelines of statewide significance in Bellevue include lakes Washington and Sammamish and their associated shorelands. RCW 90.58.030(2)(f)(iv) and (vi). Mercer Slough’s wetlands are associated with Lake Washington and therefore are shorelines of statewide significance.

Shorelines of Statewide Significance Policies

SH-14. Give preference, in the order listed, to uses on shorelines of statewide significance that:

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1. Recognize and protect the statewide interest over local interest;

2. Preserve the natural character of the shoreline;

3. Result in long-term over short-term benefit;

4. Protect the resources and ecology of the shoreline;

5. Increase public access to publicly owned areas of the shoreline;

6. Increase recreational opportunities for the public in the shoreline; and

7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

SH-15. Place special emphasis on statewide objectives when developing policies and regulations applicable to shorelines of statewide significance.

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GENERAL SHORELINE POLICIES

Introduction

The general policies outlined in this Shoreline Element are applicable to all uses, activities, and development, regardless of shoreline environment designation or use that may occur along the shoreline. The intent of these provisions is to be inclusive, making them applicable over a wide range of shoreline environments as well as specific uses and activities.

Applicability of General Policies

The following policies apply to all shoreline uses, development, and activities in all areas of shoreline jurisdiction.

SHORELINE MASTER PROGRAM

General Policies

Objective: Manage existing and proposed development within the Shorelines of the City of Bellevue in accordance with the objectives of the Shoreline Management Act, the City’s Comprehensive Plan, and related Land Use and development codes.

SH-16. Avoid, minimize, or mitigate adverse impacts to ecological functions, including water quality and wildlife habitat, associated with the shoreline development by providing regulations, best management practices, and incentives sufficient to ensure no net loss of ecological functions.

SH-17. Provide public access consistent with the existing character of the shoreline.

SH-18. Give preference to residential and water dependent, water-enjoyment, and water-related uses (in that order) when the use, activity, or development preserves shoreline ecological functions and processes or, where necessary, mitigates impacts to water quality, fish and wildlife habitat, and other shoreline functions.

SH-19. Recognize and protect private property rights consistent with the public interest.

SH-20. Ensure that all proposed shoreline development will protect the public’s health, safety, and welfare by providing regulations appropriate to the shoreline jurisdiction and consistent with the underlying land use district, land use code and comprehensive plan. Standards should include setbacks, building heights, lot coverage, impervious surface, and other regulatory controls essential to guide future growth and development within the shoreline jurisdiction.

SH-21. Limit the size of new in-water and over-water structures to the minimum necessary to support the structures intended use, and encourage shared

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use of docks and piers to reduce impact to shoreline ecological functions.

SH-22. Preserve and enhance the character and aesthetic quality of the shoreline while allowing for appropriate development to meet the needs of the City and its residents.

SH-23. Tailor regulatory components of the Bellevue SMP to be responsive to the varied environmental conditions found in Bellevue shoreline jurisdiction (such as artificial canals, lakeshores, and wetlands).

SH-24. Reduce or eliminate regulatory barriers to protecting and enhancing the shoreline functions.

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SH-25. Encourage, using incentives such as regulatory flexibility and permit streamlining, the use of low impact development techniques, green building practices, native revegetation, and soft shoreline stabilization.

SH-26. Provide information and expand outreach to shoreline property owners regarding shoreline landscape design and maintenance practices, green shoreline stabilization methods, and other management practices and restoration measures that provide benefits to shoreline functions.

SH-27. Prohibit uses not specifically identified in Bellevue’s Shoreline Master Program.

ARCHAEOLOGICAL AND HISTORIC RESOURCES

Applicability of Archaeological and Historic Resources

Policies

The following provisions apply to archaeological and historic resources that have been recorded at the State Historic Preservation Office, identified by the City of Bellevue, or inadvertently uncovered during development activity. Archaeological sites located both in and outside shoreline

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jurisdiction are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records), and shall comply with Chapter 25-48 WAC.

Archaeological and Historic Resources Policies

SH-28. Protect, restore, and provide access to shoreline areas that have historical, cultural, archeological, ecological, educational, or scientific value.

SH-29. Ensure that any development proposed adjacent to a historic property is designed and operated to be compatible with continued protection of the historic, cultural, or archeological site.

CRITICAL AREAS IN SHORELINE JURISDICTION

Applicability of Critical Areas Policies

For the purposes of the Bellevue SMP, critical areas in shoreline jurisdiction are regulated in accordance with the provisions of the Bellevue Critical Areas Regulations (Part 20.25H LUC Critical Areas Overlay District).

Critical Areas Policies

SH-30. Provide sufficient protection to critical areas located within shorelines of the state to ensure no net loss of ecological functions necessary to sustain shoreline natural resources.

SH-31. Integrate the full spectrum of planning and regulatory measures, including the comprehensive plan, interlocal watershed plans, local development regulations, and state, tribal and federal programs to protect existing ecological functions and ecosystem-wide processes.

FLOOD HAZARD REDUCTION

For the purposes of the Bellevue SMP, Flood Hazard areas in shoreline jurisdiction are regulated in accordance with the

provisions of the Bellevue Critical Areas Regulations (Part 20.25H LUC Critical Areas Overlay District).

PARKING (ACCESSORY)

Applicability of Accessory Parking Policies

Parking is the temporary storage of automobiles or other motorized vehicles. Accessory parking is parking in support of an allowed shoreline use. This section does not apply to parking accessory to a single-family residential use.

Accessory Parking Policies

SH-32. Allow accessory parking in the shoreline setback only when required to serve a water-dependent shoreline use, and limit such parking supply to the minimum necessary to support the water-dependent use. Where feasible, accessory parking should be located outside of shoreline jurisdiction.

SH-33. Prohibit accessory parking waterward of the ordinary high water mark and in shoreline wetlands and wildlife and habitat conservation areas.

SH-34. Prohibit accessory parking that does not serve a water- dependent shoreline use in shoreline setbacks, except where no technically feasible alternative exists and where Best Management Practices to protect aquatic life can be successfully employed.

SH-35. Provide for limited loading and unloading to serve marina, yacht club, and community club uses, and manage peak use periods through a parking management plan.

SH-36. Encourage accessory parking facilities to incorporate natural drainage practices and low-impact materials where technically feasible.

PUBLIC ACCESS

Shoreline public access is the physical ability of the general public to reach and touch the water’s edge and the ability to have a view of the water and the shoreline from upland locations. Public access facilities may include picnic areas, pathways and trails, floats and docks, promenades, viewing towers and overlooks, bridges, boat launches, and improved street ends and other similar public access facilities.

Applicability of Public Access Policies

These public access provisions apply to all areas in publicly owned shoreline jurisdiction unless stated otherwise.

Public Access Policies

SH-37. Increase public accessibility to the shoreline by giving priority to uses and activities that increase the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on waters of the state, and to view the water and the shoreline from nearby locations.

SH-38. Acquire, where feasible, additional public access to shorelines. Develop, enhance, and maintain existing public access from existing street right-of-way, including street ends and undeveloped rights-of-way, abutting or near shorelines.

SH-39. Locate, design and maintain public access to and along the water in a manner that protects and improves shoreline ecological functions and is consistent with public safety and compatible with water dependent uses.

SIGNS

A sign is defined as a device of any material or medium, including structural component parts, which is used or intended to be

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used to attract attention to the subject matter for advertising, identification or informative purposes. The following provisions apply to any commercial or advertising sign directing attention to a business, professional service, community, site, facility, or entertainment, conducted or sold either on or off premises.

Applicability of Sign Policies

This section applies to all private and public signs located in the shoreline jurisdiction.

Sign Policies

SH-40. Design and place signs so that they are compatible with the aesthetic quality of the existing shoreline and adjacent land and water uses and do not block or otherwise unreasonably interfere with the public’s physical or visual access to the water or shorelands.

VEGETATION CONSERVATION

The intent of vegetation conservation is to protect ecological functions and ecosystem-wide processes performed by vegetation along shorelines and to restore ecological functions and processes that are temporarily disturbed or permanently displaced by allowed shoreline modification and development. Vegetation conservation should also be undertaken to protect human safety and property, to increase the stability of shoreline areas susceptible to erosion, to reduce the need for structural shoreline stabilization measures, to improve the visual and aesthetic qualities of the shoreline, to protect plant and animal species and their habitats, and to enhance shoreline uses.

In Bellevue, lands designated as aquatic environments, as well as associated shorelines, provide habitat for a wide variety of fish and wildlife species. Healthy environments for aquatic species are inseparably coupled with the ecological integrity of the

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surrounding terrestrial ecosystems.

Applicability of Vegetation Conservation Policies

This section provides policy direction for the modification, protection, and restoration of vegetation for all uses, development, or activities in the Urban Conservancy and Urban Conservancy Open Space Environments.

Vegetation Conservation Policies

SH-41. Protect, conserve, enhance and establish native vegetation and trees near the water's edge, and vegetation compatible with native species, through the adoption of appropriate development regulations to support shoreline ecological functions and processes and protect human safety and property.

SH-42. Balance vegetation conservation with appropriate recreational use of the shoreline and require mitigation proportional to any adverse environmental impacts associated with vegetation removal.

SH-43. Develop vegetation conservation development standards that prioritize the retention of native trees and shrubs and implement shoreline vegetation mitigation proportional to the impact associated with new development or substantial expansion.

SH-44. Provide incentives to private property owners to achieve specific vegetation conservation and improvement goals, including retention and enhancement of native vegetation along the shoreline.

SH-45. Discourage upland use of fertilizers and pesticides in the shoreline jurisdiction through education.

SH-46. Elimination of aquatic noxious and nuisance weeds may be undertaken only when in accordance with

Department of Ecology regulations listed under RCW 90.48.445 (or hereafter amended) or issued NPDES permits.

WATER QUALITY (INCLUDING STORMWATER AND NON-POINT POLLUTION)

The intent of this section is to protect the public health, vegetation and wildlife, and aquatic life by preventing adverse impacts to shoreline ecological processes and functions, aquatic habitats, and water dependent uses.

Applicability of Water Quality Policies

This section applies to all development, redevelopment, and uses in shoreline jurisdiction that affect water quality.

Water Quality Policies

SH-47. Continue to develop and update citywide surface water quality programs and regulations as needed to meet federal and state requirements to reduce the discharge of pollutants in order to prevent further degradation of water quality and impacts to shoreline ecological processes and functions.

SH-48. Work with public health agencies to require repair or replacement of failing onsite septic systems within the shoreline area or require direct connection to the city’s sewer system in accordance with the City’s wastewater development regulations.

SH-49. Encourage, natural drainage practices and associated low impact development techniques, where technically feasible, to minimize impervious surfaces, reduce surface water runoff, and prevent water quality degradation.

SH-50. Identify illicit discharges to the storm system and surface waters and require actions necessary to

eliminate these illicit discharges and protect water quality.

SH-51. Encourage collaboration between local, regional, state and tribal entities and the community regarding watershed management issues that impact water quality.

SH-52. Encourage the stabilization of highly erosive stream channels to diminish uncontrolled sediment releases into the shoreline aquatic environment.

SPECIFIC SHORELINE USE POLICIES

Introduction

This section includes policies that apply specifically to common uses and development to the extent they occur within shoreline jurisdiction.

RECREATION USE

Recreation uses include public and private water-oriented recreation uses such as parks, marinas, yacht clubs, community clubs, and other boating-related facilities.

Applicability of Recreation Use Policies

This section applies to recreation activities located within the shoreline jurisdiction.

Recreation Use Policies

Objective: Manage recreation uses in the shoreline jurisdiction in accordance with the Shoreline Management Act.

SH-53. Restrict recreational development to water-oriented uses. Allow limited non-water-oriented recreation

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and commercial uses in support of a water-oriented recreation.

SH-54. Provide appropriate public engagement processes when developing and managing public shorelines, including city parks, to achieve a balance of public access to the water, public recreation, and protection and enhancement of ecological functions.

SH-55. Protect the aesthetic qualities of the shoreline and abutting neighborhoods through implementation of performance standards, architectural design guidelines for water-oriented commercial uses, vegetation conservation, and appropriate standards for public access.

SH-56. Locate new recreation facilities at sites with suitable environmental conditions, shoreline configuration, and access while ensuring compatibility with other in-water recreational activities and neighboring upland uses.

SH-57. Encourage recreation facilities to provide non- motorized boat launching facilities.

RESIDENTIAL USE

Residential use means one or more buildings, one of which is a primary residence designed for and used to provide a place of residence, together with appurtenant uses and structures normally applicable to residential uses, including, but not limited to, garages, sheds, tennis courts, swimming pools, parking areas, fences, cabanas, saunas, and guest cottages.

Applicability of Residential Use Policies

These policies apply to residential use, including appurtenant structures, in the shoreline jurisdiction.

SHORELINE MASTER PROGRAM

Residential Use Policies

Objective: To manage residential use as a preferred use within Bellevue’s shoreline jurisdiction in a manner consistent with the Shoreline Management Act.

SH-58. Encourage development designed to minimize site alteration, impervious surface, and vegetation removal.

SH-59. Provide for limited building footprint expansion options for existing single family structures within 25 feet of the ordinary high water mark only in a manner that does not degrade shoreline ecological functions.

SH-60. Prohibit new over-water residences, including floating homes.

SH-61. Balance vegetation management and protection of shoreline ecological functions with use of the shoreline for water-dependent recreation and enjoyment.

SH-62. Encourage the use of natural drainage practices and low-impact materials.

RESOURCE USES

Resource uses include agriculture, aquaculture, native plant nurseries, and mining activities.

Applicability of Resource Use Policies

This section applies to resource activities located within the shoreline jurisdiction.

Resource Use Policies

Objective: Manage resource uses in the shoreline jurisdiction in accordance with the Shoreline Management Act.

SH-63. Prohibit high intensity non-water-oriented resource extraction uses or other high intensity resource uses where impact to shoreline ecological functions is

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probable.

SH-64. Allow continued operation and maintenance of existing agricultural uses provided best management practices identified in the City of Bellevue Environmental Best Management Practices & Design Standards Manual are utilized, fertilizers and pesticides known to be harmful to salmonids are proscribed, and herbicides approved by the Department of Ecology are used only where native plant communities and associated habitats are threatened and removal cannot be effectively accomplished by mechanical, cultural, or biological means.

SH-65. Expansion of existing agricultural uses is prohibited.

SH-66. Permit aquaculture uses through the shoreline conditional use process when sponsored or cosponsored by a public agency or federally recognized tribe developed as part of a fish recovery or similar restoration program, and provided that operations are conducted in a manner that mitigates impacts to the shoreline aquatic environment.

SERVICE USES

Service uses include commercial, professional, or health care related offices, schools and universities, automotive and industrial facilities.

Applicability of Service Use Policies

This section applies to service activities located within the shoreline jurisdiction.

Service Use Policies

Objective: Manage service uses in the shoreline jurisdiction in accordance with the Shoreline Management Act.

SHORELINE MASTER PROGRAM →

SH-67. Allow limited non-water-oriented service uses in support of water-oriented primary uses.

SH-68. Allow legally-established office development to be maintained without provision for expansion beyond intensity conveyed by the original approval. Discourage redevelopment of existing stand-alone office development unless part of mixed-use development that includes shoreline restoration, reduction in impact to shoreline resources, and the inclusion of water- oriented uses.

TRANSPORTATION USES

Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and causeways, bikeways, trails, railroad facilities, regional light rail facilities, and other transportation related facilities. Transportation uses do not include private driveways.

Applicability of Transportation Use Policies

These policies and regulations apply to all transportation uses and activities in the shoreline jurisdiction.

Transportation Use Policies

Objective: Manage transportation uses in the shoreline jurisdiction in accordance with the Shoreline Management Act.

SH-69. Use existing transportation corridors to meet increased transportation infrastructure needs. Where no technically feasible alternative exists, new corridors may be allowed when adverse impacts to ecological functions, in both the long and short term, can be adequately mitigated. When new corridors are necessary, priority shall be given to protecting the shoreline or aquatic resource over the adjacent upland.

SH-70. Maximize opportunities to improve existing shoreline functions and utilize the latest technological innovations when designing and building new transportation facilities within the shoreline. Site transportation facilities to avoid, minimize, or mitigate impacts to existing land uses, public shoreline views, public access, shoreline critical areas, and lands designated as shoreline aquatic.

SH-71. Incorporate best management practices into roadway maintenance activities to protect shoreline and aquatic resources and regularly review and update practices to ensure best available practices meet or exceed accepted industry standards.

UTILITY USES

Utilities uses include services and facilities that produce, convey, store, or process power, gas, sewage, potable water, storm water, communications, oil, waste, and the like.

Applicability of Utilities Use Policies

This section applies to utility features located within the shoreline jurisdiction.

Utility Use Policies

Objective: Manage utility uses in the shoreline jurisdiction in accordance with the Shoreline Management Act.

SH-72. Discourage new utility facilities (including underwater pipelines and cables) in the shoreline area and prohibit new utility facilities in the shoreline setback, shoreline wetlands and lands designated as shoreline aquatic except where there is no technically feasible alternative, and where impacts to ecological functions, in both the long-and-short-term, can be adequately mitigated. Priority shall be given to protecting the

SHORELINE MASTER PROGRAM →

aquatic resource over the adjacent upland.

SH-73. Encourage consolidation of new utilities within existing rights-of-way or existing utility easements and design and locate new utility facilities to minimize impacts to lands designated as shoreline aquatic, native vegetation, protect scenic shoreline views, and minimize conflicts with present and planned shoreline uses.

SH-74. Discourage new in-stream facilities except as needed to protect ecological functions and properties from flooding and excessive sedimentation. Maintenance and repair of existing in-stream structures should be allowed if the repair does not materially expand the capacity or the use of the structure unless it can be satisfactorily demonstrated that the facility provides an increase in ecological functions beyond what is required by mitigation requirements.

SH-75. Allow the replacement of existing utility facilities in the shoreline area, where impacts to ecological functions, in both the long-short-term, can be adequately mitigated.

SH-76. Incorporate best management practices into utility maintenance activities to protect shoreline and aquatic resources and regularly review and update practices to ensure best available practices meet or exceed accepted industry standards.

SH-77. Encourage collaboration between local, regional, state and tribal entities and the community regarding watershed management issues that impact lake levels.

WHOLESALE AND RETAIL USES

Wholesale and Retail Uses include the sale of goods, products, or

commodities directly to or for resale to consumers.

Applicability of Wholesale and Retail Use Policies

This section applies to wholesale and retail activities located within the shoreline jurisdiction.

Wholesale and Retail Use Policies

Objective: Regulate wholesale and retail activities in the shoreline jurisdiction in accordance with the Shoreline Management Act.

SH-78. Allow limited non-water-oriented wholesale and retail uses in support of water-oriented primary uses.

SHORELINE MODIFICATION POLICIES

Introduction

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Shoreline modifications are structures or actions taken in shoreline jurisdiction that change the physical configuration of the shoreline, particularly at the point where land and water meet. Shoreline modification activities include, but are not limited to, installation of structures such as shoreline armoring, bulkheads, levees, breakwaters, docks, and floats. Actions such as clearing, grading, filling, and dredging are also considered shoreline modifications.

Generally, shoreline modification activities are undertaken for the following reasons:

1. To prepare a site for a shoreline use;

2. To provide shoreline stabilization or shoreline protection; or

3. To support a preferred upland use.

These policies are intended to address the anticipated adverse

environmental impacts of proposed shoreline modifications. General provisions, which apply to all shoreline modification activities, are followed by provisions tailored to specific shoreline modification activities. If a shoreline development entails more than one shoreline modification, then the policies pertaining to each type of modification apply.

General Shoreline Modification Policies

Shoreline modifications are generally related to construction of a physical element such as shoreline stabilization measures, docks and piers, or breakwaters. Modifications also include the action of manipulating shoreline features. Actions include dredging and fill, vegetation modification, and land modification associated with structure assembly. Shoreline modifications usually are undertaken in support of or in preparation for a shoreline use such as a new dock or shoreline stabilization measure built in support of a single family residential use.

Applicability of General Shoreline Modification Policies

The provisions in this section apply to all physical modifications of shoreline features within City’s shoreline jurisdiction.

General Shoreline Modification Policies

SH-79. Allow shoreline modifications only when in support of a new permitted, or existing legally established, structure or use. Ensure new residential development is sufficiently removed from shorelines vulnerable to erosion so as not to require new structural shoreline stabilization or structural flood protection during the life of the development or use.

SH-80. Design and construct shoreline modifications to emulate natural processes so as to support shoreline functions to the greatest extent feasible.

SH-81. Where permitted, design and construct shoreline

modifications to avoid, minimize, or mitigate adverse impacts of their installation and long-term operation so as to ensure no net loss of shoreline ecological processes and functions.

BREAKWATERS, JETTIES, AND GROINS

Breakwaters are protective structures usually built offshore to protect harbor areas, moorage, navigation, beaches, and bluffs from wave action. Breakwaters may be fixed (e.g., rubble mound or ridge wall), open-pile or floating.

Jetties are structures generally built singly or in pairs perpendicular to the shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral drift. Jetties also protect channels and inlets from storm waves and cross-currents.

Groins are structures built waterward perpendicular to the shore for the purpose of building or preserving an accretion beach by trapping littoral sand drift. Generally narrow and of varying lengths, groins may be built in a series along the shore. Jetties are built to prevent accretion in channels and/or inlets while groins preserve and promote accretion to occur along stretches of shoreline.

Applicability of Breakwater, Jetty, and Groin Policies

This section applies to breakwater, jetties, or groin construction and maintenance in the City’s shoreline jurisdiction.

Breakwater, Jetty, and Groin Policies

SH-82. Prohibit the construction and placement of new jetties and groins. Encourage the removal of these features when the use for which they were constructed is discontinued or modified or when adverse impact to ecological functions is identified.

SH-83. Allow the construction of breakwaters to protect

existing public and commercial recreational facilities only when there is a demonstrated need and no technically feasible alternative exists.

CLEARING AND GRADING IN SHORELINE JURISDICTION

For the purpose of this chapter, clearing and grading includes clearing, grading, excavation, or filling. Clearing means the act of destroying or removing vegetation by any means, including chemical, mechanical, or by hand. Grading means any excavating or filling or combination thereof. Excavation means the removal of material such as earth, sand, gravel, rock, or asphalt. Filling means any act by which earth, sand, peat, gravel, rock, asphalt, concrete, or other solid material is deposited or placed.

Applicability of Clearing and Grading Policies

This section applies to all clearing and grading activity in the Shoreline Jurisdiction, including the shoreline setback and is intended to address impacts caused by activity related to other uses or modifications addressed in this SMP.

Clearing and Grading Policies

SH-84. Regulate and limit to the greatest extent feasible land- disturbing activities within the shoreline jurisdiction to protect the natural topographic, geologic, vegetated, and hydrological features of the landscape and meet federal and state requirements to reduce the discharge of pollutants and protect water quality.

SH-85. Prevent erosion in the shoreline during and after development through the use of appropriate Best Management Practices on sites where soils, conditions, and activities are prone to erosion by wave action or runoff.

SH-86. Promote soil stability and maintain the natural rate

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of soil permeability through the retention of existing vegetation, preservation of native soils, use of soil amendments and other biotechnical measures that support vegetation establishment.

DREDGING AND DREDGE DISPOSAL

Dredging is the removal or displacement of earth or sediment (gravel, sand, mud, silt and/or other material or debris) from a stream, river, lake, marine water body, or associated marsh, bog or swamp. Activities which may require dredging include the construction and maintenance of navigation channels, levee construction, recreation facilities, boat access, and ecological restoration.

Dredge material disposal is the depositing of dredged materials on land or into water bodies for the purpose of either creating new or additional lands for other uses or disposing of the by- products of dredging.

Applicability of Dredging and Dredge Disposal Policies

This section applies to all dredging and dredge disposal activities in the City's shoreline jurisdiction.

Dredging and Dredge Disposal Policies

SH-87. Design and locate new shoreline development to avoid the need for dredging to the maximum extent practical.

SH-88. Prohibit dredging except where necessary to maintain existing navigational access, existing agricultural activities, water quality and quantity, to implement habitat improvement projects, to comply with federal or state remedial actions, and to protect the public health and safety. The extent and the frequency of allowed dredging shall be the minimum necessary consistent with the purpose of the specific activity and local conditions.

FILL

Filling is the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.

Applicability of Fill Policies

This section applies to all filling activity within the Shoreline Jurisdiction.

Fill Policies

SH-89. Limit fill waterward of the ordinary high water mark to that necessary to support environmental restoration and mitigation, public access, and water-dependent uses located on the shoreline where no feasible alternative exists.

PIERS AND DOCKS

For the purpose of this section piers and docks include over-water structures used for moorage, and other directly water-dependent uses or development, including docks, piers, boat launches, swimming/diving platforms, public access piers, and viewpoints. 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 and otherwise complies with the provisions of the SMP.

Applicability of Pier and Dock Policies

The policies and regulations included in this section apply to piers and docks within shoreline jurisdiction.

Pier and Dock Policies

SH-90. Allow piers, docks, and floats only for residential or water-dependent uses such as access to pleasure craft, emergency vessels, recreation, commercial uses, and

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public access.

SH-91. Limit new over-water structures to the minimum necessary to support the structure’s intended use in order to minimize aesthetic impacts.

SH-92. Allow for maintenance, repair, reconfiguration, and replacement of legally-established and functional piers and docks.

SH-93. Design and construct new or expanded piers and their components, such as boatlifts and associated fabric canopies, to prevent or minimize impacts on nearshore ecological functions, including aquatic vegetation and fish and wildlife habitat.

SH-94. Permit new pier or dock construction, excluding docks accessory to single-family residences, only when the applicant has demonstrated an identified need exists to support the intended water-dependent use.

SH-95. Prohibit new or expanded enclosed or walled overwater structures such as boathouses and residences.

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SH-96. Provide context specific dimensional standards for docks and piers on Phantom Lake and in the Shoreline Residential Canal District that respond to the individual characteristics of these areas with respect to size, depth, and recreational moorage requirements.

SH-97. Restrict new docks and piers in Mercer Slough to those that provide public access and launching of human-powered watercraft.

SH-98. Allow for maintenance, repair and restoration of City of Bellevue identified historic, public overwater structures.

SHORELINE MASTER PROGRAM →

SHORELINE RESTORATION

Shoreline restoration is the improvement of the natural characteristics of upland or submerged shoreline areas using native materials to restore or enhance shoreline ecological functions. Shoreline restoration includes those activities proposed and conducted for the purpose of establishing, restoring, or enhancing habitat for fish and wildlife in shorelines, improving water quality, increasing public access, and preserving the character of the City's shoreline resources.

Applicability of Shoreline Restoration Policies

This section applies to all shoreline restoration activities proposed in the City's shoreline jurisdiction, as proposed under the Restoration Plan included as an appendix to this SMP.

Shoreline Restoration Policies

SH-99. Implement the Shoreline Master Program Restoration Plan and promote City-sponsored restoration projects as funding and staffing resources permit. Monitor restoration activities to ensure that the intended functions are restored or enhanced over time.

SH-100. Identify the level of funding that is available to implement the City's Restoration Plan in partnership with other watershed management agencies and groups.

SH-101. Create detailed restoration templates as example of good practice and to encourage restoration where funding does not permit detailed design studies.

SH-102. Expand acquisition of shoreline areas that are sensitive to urbanization, represent valuable natural and aesthetic resources to the community, or provide the functions that benefit Bellevue's shoreline jurisdiction.

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SH-103. Permit habitat and natural systems enhancement projects that address legitimate restoration needs and priorities via a streamlined and low cost permit process.

SHORELINE STABILIZATION

Shorelines are often adversely affected by wind and wave action and floodwaters, resulting in erosion of the shoreline. These impacts are natural responses that support shoreline ecological processes and functions, but they also impact human use of shorelines. Property owners have routinely attempted to control these natural processes by constructing stabilization structures.

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Shoreline stabilization may be structural or nonstructural. Structural methods occur on a continuum between “hard” and “soft” stabilization measures. Generally, the harder the measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions. Nonstructural methods include appropriate building setbacks, structure relocation to avoid the need for protection, managing erosion and ground water, and general measures that can be taken to avoid the need for structural stabilization.

Hard shoreline stabilization means erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline stabilization typically uses concrete, dimensional lumber or other materials to construct linear and nearly vertical structures and include, but are not limited to, bulkheads, rip-rap, groins, and similar structures.

Soft shoreline stabilization means erosion control and restoration practices that contribute to restoration, protection or enhancement of shoreline ecological functions. Soft shoreline stabilization typically includes a range of actions including, but not limited to, vegetation enhancement, beach enhancement, biotechnical means, anchor logs, boulders, and gravel placement

SHORELINE MASTER PROGRAM ➔

positioned to provide stability in a non-linear, sloping arrangement.

Applicability of Shoreline Stabilization Policies

The provisions in this section apply to shoreline stabilization measures taken at or landward of the Ordinary High Water mark, whose purpose is to protect primary structures against erosion associated with shoreline processes.

Shoreline Stabilization Policies

SH-104. Prohibit new or expanded shoreline stabilization except in support of a legally-established primary structure or use where an analysis of shoreline characteristics dictates the necessity for stabilization.

SH-105. Give priority to non-structural measures that avoid the need for stabilization, but where stabilization is deemed necessary, give preference to soft shoreline stabilization and allow new hard stabilization only when other stabilization options are demonstrated to be insufficient or infeasible.

SH-106. Ensure that lots created by new subdivision and short subdivision be developed so as to ensure that shoreline stabilization will not be necessary for reasonable development to occur.

SH-107. Utilize performance standards to guide the maintenance and replacement of existing shoreline stabilization so as to ensure replacement structures are designed, located, sized and constructed to ensure no net loss of ecological functions.

SH-108. Allow for flexibility in the application of general dimensional standards so as to increase the property owner's ability to implement non-structural stabilization measures.

CITY OF BELLEVUE COMPREHENSIVE PLAN

Figure SM.1 - Shoreline Jurisdiction Areas

As defined by the Shoreline Management Act of 1971, shorelines include certain waters of the state plus their associated “shorelands.” At a minimum, the waterbodies designated as shorelines of the state are streams whose mean annual flow is 20 cubic feet per second (cfs) or greater and lakes whose area is greater than 20 acres.

*The City of Bellevue does not gurantee that the information shown on this map is accurate or complete. Site specific field identificaiton based on critical area definitions in Bellevue’s Land Use Code is required to determine whether critical areas exist on individual property.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services.

PAGE 44 · SHORELINE MASTER PROGRAM · CITY OF BELLEVUE COMPREHENSIVE PLAN

Overview

Environment Designations

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Environment Designations

0 2,500 5,000 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 01-Lake Washington Environment Designations

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Environment Designations

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

Environment Designations

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Environment Designations

Recreational Boating

Shoreline Residential

Shoreline Residential - Canal

Urban Conservancy

Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 03-Lake Washington

Environment Designations

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Environment Designations

[Red box] Recreational Boating

[Blue box] Shoreline Residential

[Purple box] Shoreline Residential - Canal

[Green box] Urban Conservancy

[Orange box] Urban Conservancy - Open Space

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 04-Lake Washington

Environment Designations

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Environment Designations

Recreational Boating

Shoreline Residential

Shoreline Residential - Canal

Urban Conservancy

Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evaluation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

CITY OF BELLEVUE COMPREHENSIVE PLAN

SMP 05-Lake Washington

Environment Designations

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Environment Designations

Recreational Boating

Shoreline Residential

Shoreline Residential - Canal

Urban Conservancy

Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

PAGE 50 · SHORELINE MASTER PROGRAM · CITY OF BELLEVUE COMPREHENSIVE PLAN

Environment Designations

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Environment Designations

	Recreational Boating
	Shoreline Residential
	Shoreline Residential - Canal
	Urban Conservancy
	Urban Conservancy - Open Space

0 250 500

Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

SMP 07-Lake Washington Environment Designations

Environment Designations

• Recreational Boating
• Shoreline Residential
• Shoreline Residential - Canal
• Urban Conservancy
• Urban Conservancy - Open Space

⬚ figure

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 08-Lake Washington

Environment Designations

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Environment Designations

[ ] Recreational Boating

[ ] Shoreline Residential

[ ] Shoreline Residential - Canal

[ ] Urban Conservancy

[ ] Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 09-Mercer Slough

Environment Designations

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Environment Designations

[ ] Recreational Boating [ ] Shoreline Residential [ ] Shoreline Residential - Canal [ ] Urban Conservancy [ ] Urban Conservancy - Open Space

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 10-Mercer Slough

Environment Designations

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Environment Designations

0 250 500 Feet

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NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evaluation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

CITY OF BELLEVUE COMPREHENSIVE PLAN

SMP 11-Mercer Slough | Environment Designations | Page 11 of 24

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Environment Designations

[ ] Recreational Boating [ ] Shoreline Residential [ ] Shoreline Residential - Canal [ ] Urban Conservancy [ ] Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

PAGE 56 · SHORELINE MASTER PROGRAM · CITY OF BELLEVUE COMPREHENSIVE PLAN

SHORELINE MASTER PROGRAM

SMP 12-Mercer Slough

Environment Designations

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Environment Designations

• Recreational Boating
• Shoreline Residential
• Shoreline Residential - Canal
• Urban Conservancy
• Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

Environment Designations

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Environment Designations

Recreational Boating Shoreline Residential Shoreline Residential - Canal Urban Conservancy Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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SMP 14-Mercer Slough

Environment Designations

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Environment Designations

[ ] Recreational Boating [ ] Shoreline Residential [ ] Shoreline Residential - Canal [ ] Urban Conservancy [ ] Urban Conservancy - Open Space

0 250 500

Feet

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NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evluation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 15-Lake Sammamish Environment Designations

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Environment Designations

Recreational Boating Shoreline Residential Shoreline Residential - Canal Urban Conservancy Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 16-Lake Sammamish

Environment Designations

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Environment Designations

0 250 500 Feet

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NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 17-Lake Sammamish

Environment Designations

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Environment Designations

• Recreational Boating
• Shoreline Residential
• Shoreline Residential - Canal
• Urban Conservancy
• Urban Conservancy - Open Space

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SMP 19-Lake Sammamish Environment Designations

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Environment Designations

• Recreational Boating
• Shoreline Residential
• Shoreline Residential - Canal
• Urban Conservancy
• Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

CITY OF BELLEVUE COMPREHENSIVE PLAN

SMP 19-Lake Sammamish Environment Designations

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Environment Designations

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

PAGE 64 · SHORELINE MASTER PROGRAM · CITY OF BELLEVUE COMPREHENSIVE PLAN

Environment Designations

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Environment Designations

• Recreational Boating
• Shoreline Residential
• Shoreline Residential - Canal
• Urban Conservancy
• Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology.

CITY OF BELLEVUE COMPREHENSIVE PLAN

SMP 21-Lake Sammamish Environment Designations Page 21 of 24

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Environment Designations

• Recreational Boating
• Shoreline Residential
• Shoreline Residential - Canal
• Urban Conservancy
• Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

SHORELINE MASTER PROGRAM · CITY OF BELLEVUE COMPREHENSIVE PLAN

SHORELINE MASTER PROGRAM →

SMP 22-Phantom Lake

Environment Designations

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Environment Designations

[ ] Recreational Boating

[ ] Shoreline Residential

[ ] Shoreline Residential - Canal

[ ] Urban Conservancy

[ ] Urban Conservancy - Open Space

0 250 500 Feet

NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

CITY OF BELLEVUE COMPREHENSIVE PLAN · SHORELINE MASTER PROGRAM · PAGE 67

Environment Designations

SMP 23-Phantom Lake

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Environment Designations

Recreational Boating

Shoreline Residential

Shoreline Residential - Canal

Urban Conservancy

Urban Conservancy - Open Space

0 250 500 Feet

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NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

⬚ figure

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technobgy, Geospatial Technology Services

Copyright nearmap 2015

SMP 24-Phantom Lake

Environment Designations

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Environment Designations

0 250 500 Feet

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NOTE: All areas waterward of the ordinary high water mark have an Aquatic Designation.

Shoreline jurisdiction boundaries depicted on this map are approximate. They have not been formally delineated or surveyed and are intended for planning purposes only. Additional site-specific evlauation may be needed to confirm/verify information shown on this map.

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Area of Interest in red

Data Source: City of Bellevue

Produced by: City of Bellevue Department of Planning and Community Development and Department of Information Technology, Geospatial Technology Services

Copyright nearmap 2015

POLICY CONNECTIONS

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The Shoreline Management Program Element sets policies consistent with the Department of Ecology’s 2003 guidelines in a manner that is tailored to Bellevue-specific conditions that were identified through a robust community engagement process. The element was also updated in 2018 consistent with state periodic review requirements. Policies and regulations governing shorelines are developed consistent with the Comprehensive Plan, and will help ensure that the natural beauty and environmental resources of Bellevue are preserved for future generations. Other elements of the Comprehensive Plan:

The Land Use Element addresses the general location of land uses in the city and anticipates the amount and distribution of growth. It provides a framework for other elements, especially planning for infrastructure and services to respond to growth and changing land use patterns.

The Environment Element addresses the protection of natural systems, including critical areas.

IMPLEMENTATION

Bellevue implements the Comprehensive Plan through numerous actions, including day-to-day operations, capital investments, strategic partnerships, and review of new development projects. The city’s environmental strategy is implemented through a variety of plans and programs, some conducted in partnership with other agencies or with community groups. The following list shows some of the relevant plans that implement the Shoreline Management Program Element.

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