SUMMARY SHEET- Shoreline Stabilization Existing Regulations New stabilization allowed when demonstrated as necessary to protect existing primary structures, public facilities and allowed land area (25 feet). Require location of new primary structures so as to avoid need for stabilization. Where allowed, soft stabilization is required unless applicant demonstrates such measures are not technically feasible. Minor repair permitted but repairs of significant failures or loss of integrity do not qualify Major repair is considered “new” stabilization and must meet the standards for construction of new stabilization. Existing setback from OHWM is preserved with permit approval when hard stabilization is replaced with soft stabilization. WAC 173-26-231 (3) Recognize the shoreline is, by varying degrees, naturally unstable with erosion and accretion providing the ecological functions that sustain the ecology of the shoreline. Development of the shoreline is thought to have deleterious effects that result in negative impacts to ecological functions. Strong preference for avoiding stabilization to the extent feasible. New structural stabilization is prohibited except when geotechnical analysis demonstrates, that existing structure is in danger from wave-caused shoreline erosion. Must show nonstructural measures, such as placing development farther from the shoreline, planting vegetation, or installing drainage improvements are not feasible. Any stabilization must ensure no net loss of ecological function. Draft Code Development Direction Draft Policy SH-114: Where stabilization is required (based on feasibility test above) maintain preference for soft stabilization. Sh-90 & SH-116: Create standards that ensure no net loss of ecological function. Draft Policy SH-117: Remove regulatory obstacles to use of soft stabilization options. Planning Commission Direction: Provide predictable prescriptive standards and a process to deviate. Planning Commission Direction: Avoidance preferred—but create realistic feasibility test that reflects the developed condition of the shoreline. Planning Commission Direction: Guide the maintenance, repair, and replacement of stabilization through clear prescriptive standards and definitional clarity that recognize existing conditions and provide process to depart from prescriptive standard. Draft Regulations 20.25E.080.F Shoreline Stabilization Standards Avoidance. Primary policy objective is to avoid the need for new stabilization. Development avoids erosion risks locating the primary structure at a safe distance from OHWM. Code Reference LUC 20.25E.080.F.2.e. LUC 20.25E.080.F.4.a. April 2011 Standards Code Reference Feasibility Test. Where applicants perceive the need for stabilization on a site without it, they must prove it is needed by hiring a qualified professional to conduct the required feasibility test. The test assesses a number of site specific factors, information about wind direction, speed, fetch and likely wave height, as well as potential risk to the structure and other factors. (Not required for repair of existing structures) LUC 20.25E.080.F.3 Priority for Soft. Preference is for “soft” stabilization; hard stabilization is an option only when soft options are not technically feasible or the structure to be protected is so near (less than 10 feet) to OHWM that hardened stabilization is the default option. In picking soft solutions the applicant has a wide range of options—outlined in order of priority—ranging from vegetative and bioengineered techniques to a combination of the first two options with some rigid structures incorporated LUC 20.25E.080.F.4.b for added structural stability. LUC 20.25E.080.F.4.c Hard Options. When site conditions warrant the use of hard stabilization, an applicant is directed to a list of prioritized solutions ranging from 3:1 revetments with extensive live staking and other vegetative enhancement, a 2:1 revetment with some planting, to a near-vertical rock structure not to exceed 1.5:1. LUC 20.25E.080.F.4.d Location. When allowed, new stabilization shall be located at or behind the OHWM. There is a significant exception to this requirement: where a documented flood hazard area exists only soft stabilization is permitted within the area of special flood hazard except that low-angle planted revetments are permitted due to their limited impact on flood storage. Note that stabilization measures are prohibited waterward of the OHWM except where those measures incorporate approved habitat improvements. LUC 20.25E.080.F.4.d.iii Retention of Setback with Soft Stabilization. Where replacement of hard stabilization with soft stabilization moves the OHWM, applicable structure setbacks may be measured from the previously determined OHWM. Similar protection exists where expansion of the shoreline jurisdiction occurs because of efforts designed to improve ecological function. LUC 20.25E.080.4.h- i Repair of Existing Shoreline Stabilization. Repair of existing legally-established shoreline stabilization is allowed subject to certain thresholds, provided damage or destruction is not so severe as to cause loss of structural integrity that jeopardizes the structures protective function. Where that condition exists, or where the cumulative reconstruction exceeds 50 percent of the structure’s linear length over a three year period, the repair is no longer minor and is subject to the standards for new stabilization measures, except that major repair of a legallyestablished stabilization is presumed necessary—the feasibility test required to established whether or not stabilization is LUC 20.25E.080.F.2.f- g necessary is not required. LUC 20.25E.080.F.5.a-b Resources: http://www.bellevuewa.gov/permit_submittal_requirements.htm April 2011