16.05.230 Environmental protection and critical areas.
(1) No Net Loss of Shoreline Ecological Functions.
(a) No use, activity, or modification shall result in a net loss of shoreline ecological function. Impacts to ecological functions shall be avoided, minimized, and mitigated to achieve this standard.
(b) No permit shall be approved and no activity shall be authorized by the Shoreline Administrator without a clear finding that the use, activity, or modification, and any required mitigation, complies with the no net loss standard as set forth in subsection (1) of this section.
(c) The applicant and/or party responsible for the use, activity, or modification shall provide all necessary information needed to demonstrate compliance with the no net loss standard.
(d) The City shall periodically review shoreline conditions to determine whether or not other actions are necessary to ensure no net loss of ecological functions, protect and enhance visual quality, and enhance residential and recreational uses on the City’s shoreline. Specific issues to address in such evaluations include, but are not limited to:
(i) Water quality;
(ii) Conservation of aquatic vegetation (control of noxious weeds and enhancement of vegetation that supports more desirable ecological and recreational conditions);
(iii) Changing visual character as a result of new residential development, including additions, and individual conservation practices (both along shorelines and in upland areas); and
(iv) Shoreline stabilization and modifications.
(2) Critical Areas in Shoreline Jurisdiction. The Covington Critical Areas Regulations, as codified in Chapter 18.65 CMC (Ordinance No. 09-19, dated July 9, 2019), are herein incorporated by reference into this master program, with the following exclusions, clarifications and modifications:
(a) Exclusions.
(i) The reasonable use exception provisions (CMC 18.65.075) and the public agency/utility exception provisions (CMC 18.65.070) shall not apply in shoreline jurisdiction. Exceptions within shoreline jurisdiction shall require a shoreline variance based on the variance criteria listed in CMC 16.05.090 and WAC 173-27-170.
(ii) The exemptions provisions (CMC 18.65.047) and partial exemptions provisions (CMC 18.65.048) shall not apply within shoreline jurisdictions. Exemptions are described in CMC 16.05.050.
(iii) The allowed alteration provisions of the critical areas regulations (CMC 18.65.050) shall not apply in shoreline jurisdiction. Activities and alterations to critical areas, shorelines of the State, and their buffers shall be subject to the provisions of this master program.
(iv) The stream buffer reduction provisions of CMC 18.65.360(3)(a) and (b) shall not apply in shoreline jurisdiction.
(b) Clarifications and Modifications.
(i) Shoreline buffer widths are defined in CMC 16.05.280.
(ii) Critical areas and buffers do not extend shoreline jurisdiction beyond the limits specified in this master program, except as provided for in CMC 16.05.040.
(iii) Future amendments to the critical areas regulations (Chapter 18.65 CMC) require Department of Ecology approval of an amendment to this master program to incorporate updated language.
(iv) If provisions of the critical areas regulations (Chapter 18.65 CMC) conflict with provisions of this master program, the provisions most protective of the ecological resource shall apply, as determined by the Administrator.
(v) If there are provisions of the critical areas regulations (Chapter 18.65 CMC) that are not consistent with the Shoreline Management Act, Chapter 90.58 RCW, and supporting Washington Administrative Code chapters, those provisions shall not apply.
(3) Mitigation Sequencing. Where required, mitigation measures shall be applied in the following sequence of steps, listed in order of priority; lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations;
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
(f) Monitoring the impact and the compensation projects and taking appropriate corrective measures.
(4) Solid waste, liquid waste, and untreated effluent shall not be allowed to enter any bodies of water or to be discharged onto the land.
(5) The direct release of oil and hazardous materials or chemicals onto the land or into water is prohibited. Equipment for the transportation, storage, handling or application of such materials shall be maintained in a safe and leak-proof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected.
(6) All shoreline uses and activities shall utilize best management practices (BMPs) to minimize any increase in surface runoff and to control, treat and release surface water runoff so that receiving water quality and shore properties and features are not adversely affected. Physical control measures include, but are not limited to, catch basins, settling ponds, oil/water separators, filtration systems, grassy swales, interceptor drains and landscaped buffers. All types of BMPs require regular maintenance to continue to function as intended.
(7) All shoreline developments and uses shall utilize effective erosion control methods during both construction and operation.
(8) All shoreline uses and activity shall be located, designed, constructed and managed in a manner that avoids, if feasible, and then minimizes adverse impacts to surrounding land and water uses and that is aesthetically compatible with the affected area.
(9) All shoreline developments shall be located, constructed and operated so as not to be a hazard to public health and safety.
(10) Land clearing, grading, filling and alteration of natural drainage features and land forms shall be limited to the minimum necessary for development. Any allowed activity shall be consistent with Chapter 14.60 CMC and this master program. Surface drainage systems or substantial earth modifications involving greater than 500 cubic yards of material shall be designed by a professional engineer. These designs shall seek to prevent maintenance problems, avoid adverse impacts to adjacent properties or shoreline features, and result in no net loss of shoreline ecological functions.
(11) All shoreline uses and activities shall be located and designed to prevent or minimize the need for shoreline protection structures (bulkheading, riprap, etc.) and stabilization, landfills, groins, jetties, or substantial site regrades.
(12) Identified significant short-term, long-term, or cumulative adverse environmental impacts lacking appropriate mitigation shall be sufficient reason for permit denial. (Ord. 09-19 § 6 (Exh. C))