HomeMy WebLinkAbout2021-064 - Ord. Amending the Mason County Shoreline Master Program, Resource Ordinance, and Development Code ORDINANCE NO. '-OZk-M
AN ORDINANCE OF MASON COUNTY TO AMEND THE MASON COUNTY
SHORELINE MASTER PROGRAM (17.50 MCC), AMEND THE MASON COUNTY
RESOURCE ORDINANCE (8.52 MCC), AND AMEND THE DEVELOPMENT CODE
(TITLE 15 MCC).
WHEREAS,Chapter go.58 RCW,also known as the Shoreline Management Act of 1971.(SMA),
requires each city and county to develop and implement a local Shoreline Master Program (SMP);
and
WHEREAS,the SMA requires local SMPs to give priority to uses that require a shoreline location,
promote public access and enjoyment opportunities,and protect the environmental resources of
State shorelines; and
WHEREAS, RCW Chapter 36.7oA, also known as the Washington Growth Management Act(GMA),
requires that counties planning under the GMA adopt development regulations that are consistent
with and implement their comprehensive plans;and
WHEREAS,the 2003 Washington Department of Ecology(Ecology)guidelines and thereafter
amended,codified in Chapters73-26 of the Washington Administrative Code(WAC), include
procedural and process requirements to be followed by local jurisdictions in their periodic review of
their SMPs; and
WHEREAS,the SMA established a timeline for local jurisdictions to review and provide findings of
fact or amend SMPs consistent with the guidelines,and the deadline to take action to review for
Mason County was June 30, zozo;and
WHEREAS, Mason County adopted an SMP in 1975, updated in 1988,with minor amendments
made in 2002 and 2oo6,and comprehensively updated in 2017, and
WHEREAS,the County applied for and received a grant from Ecology in 2020 to support the review
and revisions of the County SMP; and
WHEREAS,the Planning Advisory Commission reviewed and developed a Public Participation Plan
during three public workshops held in zozo;and
WHEREAS,the SMP includes policies and regulations designed to ensure no net loss of ecological
functions necessary to sustain shoreline resources; and
WHEREAS,the SMP has been designed to plan for and foster all reasonable and appropriate uses
and increase the public's opportunities to enjoy the physical and aesthetic qualities of the shoreline
to the greatest extent feasible; and
WHEREAS,the SMP appropriately balances the goals of the SMA and incorporates the most
current, accurate,and complete scientific and technical information available;and
[1]
WHEREAS,the Planning Advisory Commission(PAC)and staff began their review of the"Draft
SMP"in February 2021 and found it necessary to also revise the Resource Ordinance(MCC 8.52)and
the Development Code(Title 15 MCC)to ensure consistency with the revised SMP,to ensure
consistency with best available science as required by RCW 36.70.172 and to improve upon outdated
references and issues with clarity, readability,and internal consistency;and
WHEREAS,the County filed a Growth Management Act 6o-day notice of intent to adopt with the
State of Washington Department of Commerce on March 15, 2021;and
WHEREAS, pursuant to the State Environmental Policy Act(SEPA),the County issued a
Determination of Non-Significance on May 13, 2021,-and
WHEREAS, pursuant to WAC 173-26-104 the County held a joint local/state comment period on
proposed amendments,opening on May 13, 2021 and continuing through June 14, 2021; and
WHEREAS, after holding five(5)public workshops and after revising the"Draft SMP,"the PAC held
public hearings on June 21, 2021 and July 19, 2021 to consider amending the following regulatory
documents:
• Shoreline Master Program(i7.5o MCC)
• Resource Ordinance(8.52 MCC)
• Development Code(15 MCC)
WHEREAS, at the public hearing on July 19, 2021,the PAC passed a motion to recommend approval
of the above amendments pursuant to the SMA and consistent with the GMA;and
WHEREAS,the County's amended SMP will implement by reference the regulations for critical area
regulations within the County's Resource Ordinance;and
WHEREAS,the amendments have been developed in full compliance with Mason County codes and
with the RCW's procedural requirements for amending the County's Comprehensive Plan and
development regulations; and
WHEREAS,the Shoreline Master Program appropriately balances the goals of the SMA and
incorporates the most current, accurate, and complete scientific and technical information
available, as per WAC 173-26-2o1; and
WHEREAS, in accordance with WAC 173-26-104(3),the periodic update to the Shoreline Master
Program and all supporting documents,were submitted for an initial determination of consistency
to Ecology prior to the local adoption process,and such submittal was made on July 22, 2021;and
WHEREAS, after conducting its review, Ecology issued its written statement of initial concurrence of
the County's proposed updated Shoreline Master Program on August 13, zozs,and
WHEREAS, Ecology's initial determination of concurrence stated,subject to one minor change,the
County's proposed periodic review amendment is consistent with the policy and standards of RCW
90.58.02o and RCW 90.58.090 and the applicable SMP guidelines WAC 173-26-171 through 251 and
.020 definitions; and
[z]
WHEREAS,the required change to the Shoreline Master Program had to either be accepted by the
County, or the County had to propose alternatives that were acceptable to Ecology prior to the
updated Shoreline Master Program being made effective; and
WHEREAS,the County accepted the required change to the Shoreline Master Program outlined in
Ecology's initial determination of consistency,-and
WHEREAS,the Board of County Commissioners finds that the proposed amendments comply with
all applicable requirements of the Growth Management Act,the Comprehensive Plan, and the
Mason County Code,and that it is in the best public interest;and
WHEREAS,the Board of County Commissioners considered the above amendments together with
Staff's Report and public testimony at a duly advertised public hearing on October 1zth, 2021; and
WHEREAS,Washington State law,WAC 173-26-zoo provides a local process for approving and
amending Shoreline Master Programs and the Board of County Commissioners acknowledge that
Ecology must approve all master programs before they become effective,-and
WHEREAS, pursuant to RCW go.58.ogo,the Mason County Shoreline Master Program takes effect
after the passage of 14 days from the Department of Ecology's written notice of final action
approving the same; and
BE IT HEREBY ORDAINED,the Mason County Board of Commissioners hereby approves and
ADOPTS amendment of the Mason County Shoreline Master Program(17.50 MCC)(Attachment A),-
amendment of the Mason County Resource Ordinance(8.52 MCC)(Attachment B)and amendment
of The Development Code(Title 15)(Attachment Q.
DATED this '� day of O�llRll 2021.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie SmiIdi, Clerk of the Board Randy l4eatherlin, Chair
AP O FORM:
Sharon Tras , Commissioner
Tim W i ehead, Chief DPA
Kevin Shutty, ommissioner
131
Mason County's
SHORELINE MASTER PROGRAM - 17.50 MCC
Contents
17.50.010 ADOPTION AUTHORITY, PURPOSE,AND INTENT.....................................................................2
17.50.020 DEFINITIONS..........................................................................................................................2
17.50.030 LIBERAL CONSTRUCTION AND SEVERABILITY.......................................................................20
17.50.040 COMPREHENSIVE REVIEW AND AMENDMENTS.....................................................................20
17.50.050 RESTRICTIONS AFFECTING VALUE........................................................................................21
17.50.060 JURISDICTION AND APPLICATION OF REGULATIONS..............................................................21
17.50.070 USE PREFERENCES AND SHORELINES OF STATEWIDE SIGNIFICANCE....................................28
17.50.080 ENVIRONMENT DESIGNATIONS.............................................................................................30
17.50.090 PROJECT CLASSIFICATIONS...................................................................................................34
17.50.100 GENERAL POLICIES AND REGULATIONS .............................................................................40
17.50.105 Archaeological, Cultural and Historic Resources................................................40
17.50.110 Ecological Protection, Critical Areas,No Net Loss..............................................42
17.50.115 Economic Development.....................................................................................48
17.50.120 Existing Structures, Uses and Lots.....................................................................49
17.50.125 Flood Hazard Reduction....................................................................................So
17.50.130 Port Districts ....................................................................................................51
17.50.135 Property Rights .................................................................................................51
17.50.140 Public Access.....................................................................................................52
17.50.145 Views and Aesthetics.........................................................................................54
17.50.200 USE POLICIES AND REGULATIONS........................................................................................55
17.50.205 Agriculture........................................................................................................55
17.50.210 Aquaculture.......................................................................................................57
17.50.215 Commercial.......................................................................................................63
17.50.220 Forest Practices.................................................................................................65
17.50.225 Industrial and Marine Terminals.......................................................................66
17.50.230 In-Stream Structures.........................................................................................68
17.50.235 Marinas .............................................................................................................70
17.50.240 Mining...............................................................................................................73
17.50.245 Outdoor Advertising, Signs, &Billboards...........................................................77
17.50.250 Recreational ......................................................................................................77
17.50.255 Residential ........................................................................................................80
17.50.260 Restoration and Enhancement Projects.............................................................83
17.50.265 Transportation..................................................................................................85
17.50.270 Utilities..............................................................................................................88
17.50.300 SHORELINE MODIFICATION POLICIES AND REGULATIONS................................................90
17.50.305 Beach Access Structures....................................................................................90
17.50.310 Boat Launches...................................................................................................91
17.50.315 Breakwaters,Jetties,and Groins........................................................................93
17.50.320 Docks, Floats, Buoys, Lifts,etc. ..........................................................................95
17.50.325 Dredging and Dredging Material Disposal........................................................105
17.50.330 Flood Control...................................................................................................107
17.50.335 Grading............................................................................................................110
17.50.340 Shoreline Stabilization.....................................................................................112
17.50.400 PERMITS, EXEMPTIONS,AND APPEALS.............................................................................. 118
17.50.500 ENFORCEMENT AND PENALTIES........................................................................................ 130
SHORELINE MASTER PROGRAM December 20, 2021 Page 1
17.50.010 Adoption Authority, Purpose, and Intent
A. ADOPTION AUTHORITY
This Program is adopted under the authority granted by the Shoreline Management Act (Act) of
1971, Revised Code of Washington (RCW) Chapter 90.58, and Washington Administrative Code
(WAC) Chapter 173-26 as amended.
B. PURPOSE AND INTENT
The shorelines of Mason County are among the most valuable and fragile of its natural resources and
there is great concern relating to their utilization, protection, restoration and preservation. In
addition, ever-increasing pressures of additional uses are being placed on the shorelines,
necessitating increased coordination in the management and development of the shorelines of the
state. Unrestricted construction on privately owned or publicly owned shorelines is not in the best
public interest; therefore regulation is necessary in order to protect the public interest associated
with the shorelines,while, at the same time, recognizing and protecting private property rights,
public rights of navigation and corollary rights incidental thereto consistent with the public interest.
This Title is intended to carry out the responsibilities given Mason County by the Shoreline
Management Act of 1971 (RCW 90.58). The actual purpose of the Policies and Use Regulations is the
same as the purpose of the Act itself. The Master Program provides for the management of the
shorelines by fostering all reasonable and appropriate uses. These regulations are intended to
protect against adverse effects on the public health, on the land and its vegetation and wildlife, and
the waters and their aquatic life.
17.50.020 Definitions
For the purpose of this title, certain terms and words are defined in this chapter. All defined uses are
subject to existing local, state and health regulations.
Accessory Facilities. A use that is demonstrably subordinate and incidental to the principal use and which
functionally supports its activities, including parking. The standards of performance for a development
shall apply to an accessory facility unless otherwise indicated.
Accessory Dwelling Units(ADUs). Separate living quarters attached or detached from the primary
residence which contain less habitable area than the primary residence. An ADU is not an appurtenance.
Act(Shoreline Management). The Act adopted by state legislature in 1971 which defines shoreline
jurisdiction and authorizes the development of Shoreline Master Programs. See RCW 90.58.
Administrator. The Director, Mason County Community Services Department, or his/her designee.
Agricultural Activity. Uses and practices including but not limited to producing, breeding, or increasing
agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities
to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities
SHORELINE MASTER PROGRAM December 20, 2021 Page 2
to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural
activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or
the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing,
and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided
that the replacement facility is no closer to the shoreline than the original facility; and maintaining
agricultural lands under production or cultivation. Excluded from this definition is transportation of
products, related commercial or industrial uses such as wholesale and retail sales or final processing.
Agricultural Products. Includes, but is not limited to, horticultural,viticultural, floricultural,vegetable,
fruit, berry, grain, hops, hay, straw,turf, sod, seed, and apiary products; feed or forage for livestock;
Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within
twenty years of planting; and livestock including both the animals themselves and animal products
including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products.
Agricultural Equipment and Agricultural Facilities. Includes, but is not limited to:
(1) The following used in agricultural operations: Equipment; machinery; constructed shelters,
buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal,
conveyance, and use equipment and facilities including, but not limited to, pumps, pipes,tapes,
canals, ditches, and drains;
(2) Corridors and facilities for transporting personnel, livestock, and equipment to,from, and within
agricultural lands;
(3) Farm residences and associated equipment, lands, and facilities; and
(4) Roadside stands and on-farm markets for marketing fruit or vegetables.
Agricultural Land. Those specific land areas on which agricultural activities are conducted as of the date of
adoption of this local master program as evidenced by aerial photography or other documentation. After
the effective date of this master program, land converted to agricultural use is subject to compliance with
the requirements of this master program.
Application. An application for a Substantial Development Permit,Variance Permit, Conditional Use
Permit, or Statement of Exemption.
Appurtenance. Development that is necessarily connected to the use and enjoyment of a single-family
residence and is located landward of the ordinary high water mark and the perimeter of a wetland.
Normal appurtenances include a garage; deck; driveway; utilities; septic tank and drainfield; fence; storage
shed that is (one story and has less than a 600 square foot footprint); woodshed; pump house; landscape
wall and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any
wetland or waterward of the ordinary high water mark. It does not include bulkheads and other shoreline
modifications or over-water structures.
Aquaculture. Aquaculture is the culture and farming of fish, shellfish or other aquatic animals and plants.
Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock
geoduck fishery. Methods of aquaculture include but are not limited to fish pens, shellfish rafts, racks and
longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. Excluded
from this definition are related commercial or industrial uses such as wholesale and retail sales, or final
processing and freezing. Upland finfish facilities are regulated under agriculture.
Aquaculture Practices. Any activity directly pertaining to growing, handling, or harvesting of aquaculture
produce including but not limited to propagation, stocking, feeding, disease and pest treatment, waste
SHORELINE MASTER PROGRAM December 20, 2021 Page 3
disposal, water use, development of habitat, maintenance and construction of necessary equipment
building and growing areas.
Archaeological Area. A geographic locality that contains physical evidence of an indigenous and
subsequent culture including material remains of past human life, monuments, symbols,tools,facilities,
graves, skeletal remains and technological byproducts
Archaeologist. A person with qualifications meeting the federal secretary of the interior's standards for a
professional archaeologist; or a person who meets the requirements of RCW 27.53.030(8).
Associated Wetlands. Those wetlands which are in proximity to and either influence or are influenced by
tidal waters or a lake or stream subject to the Act.
Average Grade Level. The average of the natural or existing topography of the portion of the lot, parcel, or
tract of real property which will be directly under the proposed structure and shall be determined by
averaging the ground elevations at the midpoint of all exterior walls of the proposed structure: PROVIDED,
that in the case of structures to be built over the water, average grade level shall be the elevation of the
ordinary high water mark.
Beach Access Structure. A structural pathway/walkway for purposes of providing pedestrian access to a
beach or shoreline area, not for motorized vehicle access. It often includes a stairway,tram, stair tower,
platform and/or elevated walkway anchored to the ground surface by structural means.
Beach Nourishment. A process by which sediment lost through erosive forces is replaced from sources
outside of the eroding shoreline. Nourishment is typically a repetitive process, since it does not remove the
physical forces that cause erosion, but simply mitigates their effects.
Bioengineering. Techniques used alone or in combination such as beach nourishment, coarse beach fill,
gravel berms, or vegetation rather than hard surfaces such as concrete armoring. Bioengineering
approaches may include use of large woody debris.
Bluff-Backed Beach. Coastal bluffs fronted by narrow mixed sand and gravel beaches.
Board. The Board of County Commissioners of Mason County.
Boat House. Any walled and roofed structure built overwater or upland and used exclusively for storage of
watercraft or float planes with associated equipment and not used as a dwelling unit.
Boat Launch. Boat ramps (an inclined concrete slab, pads, planks, or graded slope) or marine rails used for
transferring marine and freshwater vessels or equipment to or from land or water.
Boat Lift. An in-water structure used to berth and launch a single vessel, suspended over the water's
surface. A boat lift is generally a manufactured unit without a canopy cover and may be placed in the
water or attached to a dock. A boat lift may be designed either for boats, personal watercraft, or float
planes.A boat lift is to be differentiated from a hoist or crane used for the launching or haul-out of vessels.
Boat lifts with canopies are considered covered moorage.
Bog. A depression or other undrained or poorly drained area containing or covered with usually more than
one layer of peat. Characteristic vegetation of bogs are sedges, reeds, rushes, or mosses. In early stages of
development,vegetation is herbaceous and the peat is very wet. In middle stages, dominant vegetation is
shrubs. In mature stages,trees are dominant and peat near the surface may be comparatively dry. (Bogs
represent the final stage of the natural process (eutrophication) by which lakes are very slowly
SHORELINE MASTER PROGRAM December 20, 2021 Page 4
transformed into land; bogs are sometimes mined for peat on a commercial basis; bogs are often an intake
for ground water (aquifer recharge area).
Breakwaters. Offshore structures which may or may not be connected to land. Their primary purpose is
to protect harbors, moorages and navigation activity from wave and wind action by creating still water
areas. A secondary purpose would be to protect shorelines from wave-caused erosion.
Buffer. An area of land used or designated for the purpose of insulating or separating a structure or land
use from a critical area or resource land in such a manner as to reduce or mitigate any adverse impacts of
the developed area. Permitted development and activities within buffers depend on the type of critical
area or resource land the buffer is protecting. See MCC 8.52 for buffer requirements.
Bulkhead. Retaining wall-like structures whose primary purpose is to hold or prevent sliding of soil caused
by erosion and wave action, and to protect uplands and fills from erosion by wave action.
Campground or Camping Facilities. An area or site that is offered for overnight accommodations for
persons using tents, personal portable overnight shelters, boats, recreational vehicles, cabins,yurts or
platform tents, specifically designated and operated for temporary overnight camping.
Channel Migration Zone (CMZ). Areas along a river within which the channel(s) can be reasonably
predicted to migrate over time as a result of natural and normally occurring hydrological and related
processes when considered with the characteristics of the river and its surroundings.
Channelization. The straightening, deepening or lining of natural stream channels, including construction
of continuous revetments or levees for the purpose of preventing gradual, natural meander progression.
Commercial Development. Uses and facilities that are involved in the retail or wholesale trade or other
business activities.
Community Dock. A dock providing moorage for watercraft and recreational activities for use in common
by residents of a certain subdivision, community, or for use by patrons of a public park or quasi-public
recreation area, including rental of watercraft. Marinas are not considered community docks.
Conditional Use. Conditional use means a use, development, or substantial development which is
classified as a conditional use or not classified within this master program.
Confinement Areas. Corrals or other concentrated animal keeping areas. Confinement areas do not
include the entire fenced perimeter of a parcel.
Cottage Industry. Small scale commercial or industrial activities on residential properties performed in the
residence or building accessory thereto. The principle practitioner must reside on the property. Cottage
Industries are considered as residential uses, provided they do not significantly alter the character of the
site as a residential property and wholesale and retail trade is minimal. Cottage Industries require a
Conditional Use Permit except in Commercial and Residential SED's. (See also 'home occupations.')
County. Mason County. If no department is specified,the 'Community Services' shall be the responsible
County department.
Covered Moorage. A roofed, floating or fixed offshore structure for moorage of watercraft or float planes.
Critical Areas. Critical Areas shall include Designated Wetlands,Aquifer Recharge Areas, Frequently
Flooded Areas, Landslide Hazard Areas, Seismic Hazard Areas, Erosion Hazard Areas, and Fish &Wildlife
Habitat Management Areas, as defined by this Chapter.
SHORELINE MASTER PROGRAM December 20, 2021 Page 5
Dam. A barrier across a streamway to confine or regulate stream flow or raise water level for purposes
such as flood or irrigation water storage, erosion control, power generation, or collection of sediment or
debris.
Davit. A small crane on or landward of the bulkhead or ordinary high water mark(upland davit) or located
on a dock(overwater davit)that is used for suspending or lowering a vessel.
Development. A use consisting of the construction or exterior alteration of structures; dredging; drilling;
dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of
obstructions; or any project of a permanent or temporary nature which interferes with the normal public
use of the surface of the waters overlying lands subject to the Act at any stage of water level. Development
does not include dismantling or removing structures if there is no other associated development or re-
development. Siting a piece of equipment on the ground, such as a portable bar-b-clue, is not
"development" if the action meets all the following criteria:
• It involves no construction and/or assembly on site.
• It is not permanently affixed to the ground or other surface or platform.
• It does not exceed four(4)feet in height.
• It does not require a building permit, mechanical permit, or plumbing permit.
• It is not located at or waterward of the ordinary high water mark.
• It does not include any of the actions listed in the definition for"development".
• It does not require removal of native vegetation.
Dike. An artificial embankment or revetment normally set back from the bank or channel in the floodplain
for the purpose of keeping floodwaters from inundating adjacent land.
Dock. A structure built over or floating upon the water that abuts the shore, used to provide water access
or a landing and moorage facility for watercraft or float planes. Docks do not include recreational decks,
storage facilities or other appurtenances. Docks include any combination of pier, ramp and float attached
to the shore.
Dredging. The removal, displacement, and disposal of unconsolidated earth material such as silt, sand,
gravel, or other submerged material from the bottom of water bodies or wetlands; maintenance dredging
and other support activities are included in this definition. The de minimis movement of sediment during
shellfish harvest is not considered dredging. "Maintenance dredging" means dredging for the purpose of
maintaining a prescribed minimum depth previously authorized by a federal, state, and/or local permit as
part of any specific waterway project. Maintenance dredging also includes dredging that maintains the
previously authorized width of a channel, boat basin or berthing area. "Non-maintenance dredging"
means any dredging that is not maintenance dredging.
Dredge Spoil. The material removed by dredging.
Drift Sector. A segment of the shoreline along which littoral shore movements of sediments occur at
noticeable rates. Each drift sector includes a feed source that supplies the sediment, a driftway along
which the sediment moves, and an accretion terminal where the drift material is deposited.
SHORELINE MASTER PROGRAM December 20, 2021 Page 6
Duplex. A two-family house whether divided vertically or horizontally. A duplex is not exempt from a
Substantial Development Permit as is a single-family residence.
Ecological Functions or Shoreline Functions. The work performed or role played by the physical, chemical
and biological processes that contribute to the maintenance of the aquatic and terrestrial environments
that constitute the shoreline's natural ecosystem.
Eelgrass. Eelgrass refers to Zostera marina. NOTE: Japanese Eelgrass is invasive and is not protected
under this program.
Emergency Repair. Emergency construction necessary to protect property from damage by the elements
as per WAC 173-27-040, as amended.
Environmental Designations. See 17.50.080.
Environment Designations Map. The official map associated with this Master Program and adopted by
ordinance that shows the jurisdiction of the Act and this Program and the boundaries of the environments.
Essential Public Facilities. Essential Public facilities include facilities such as prisons, correctional facilities,
juvenile detention centers, courthouses, wastewater/sanitary treatment facilities and systems, solid waste
facilities,transportation facilities (including public works operations and vehicle maintenance facilities),
airports, and hospitals.
Excavation. The mechanical removal of earth, including soil, rocks, bedrock, and/or root material.
Exemption. Exempt developments are those set forth in WAC 173-27-040 and RCW 90.58.030 (3)(e),
90.58.140(9), 90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a Substantial
Development Permit but which must otherwise comply with applicable provisions of the Act and this
master program.
Existing Lots. Lots,tracts, parcels, sites or other fractional part of divided land that were legally
established in accordance with local and state subdivision requirements prior to the effective date of this
Program.
Existing Uses. Uses that were legally established prior to the effective date of this Program in accordance
with the applicable regulations at the time established.
Extreme Low Tide. The lowest line on the land reached by a receding tide.
Fair Market Value. The fair market value of a development is the open market bid price for conducting the
work, using the equipment and facilities, and purchase of the goods, services and materials necessary to
accomplish the development. This would normally equate to the cost of hiring a contractor to undertake
the development from start to finish, including the cost of labor, materials, equipment and facility usage,
transportation and contractor overhead and profit. The fair market value of the development shall include
the fair market value of any donated, contributed or found labor, equipment or materials.
Feasible. For purpose of this program, feasible means that an action, such as a development project,
mitigation, or preservation requirement, meets the following conditions:
(1) The action can be accomplished with technologies and methods that have been used in the past in
similar circumstances, or studies or tests have demonstrated in similar circumstances that such
approaches are currently available and likely to achieve the intended results;
(2) The action provides a reasonable likelihood of achieving its intended purpose; and
SHORELINE MASTER PROGRAM December 20, 2021 Page 7
(3) The action does not physically preclude achieving the project's primary intended legal use.
In cases where this program requires certain actions unless they are infeasible,the burden of proving
infeasibility is on the applicant. In determining an action's infeasibility,the reviewing agency may weigh
the action's relative public costs and public benefits, considered in the short-and long-term time
frames.
Fee In-Lieu (In-Lieu Fee). A fee paid to a sponsor to satisfy compensatory mitigation requirements when
mitigation is precluded from being completed on-site due to site development of physical constraints.
Feeder Bluff. A bluff experiencing periodic erosion from waves, sliding or slumping and/or whose eroding
material is naturally transported by longshore drift and provides the building blocks and nourishment for
spits, bars, hooks, and other accretion shore forms.
Feedlot. An enclosure or facility used or capable of being used for feeding of livestock hay, grain silage, or
other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or
grazing, nor shall it include normal livestock wintering operations.
Fetch. The perpendicular distance between ordinary high water marks across a body of water.
Fill. 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. Depositing topsoil in a dry upland area for normal landscaping purposes is not considered
a fill. Aquaculture gravel enhancement projects, beach nourishment protection projects, and restoration
projects are not considered fill.
Finfish. Finfish means a vertebrate organism of the classes Osteichthyes,Agnatha, or Chondrichthyes
(RCW 77.08.22). Examples include salmon, trout, ling cod, rock fish, halibut, sole, sablefish, perch, pollock,
whiting, tilapia, carp, lamprey, sturgeon, sharks, skates, and rays.
Finfish Net Pens. Aquaculture systems for raising finfish in net pens that are typically anchored to the
waterbody floor and suspended from the surface with a flotation structure.
Float. A float is a platform structure that provides landing for water dependent recreation or moorage for
vessels, watercraft, or float planes, and that does not include above water storage. Floats may be either
attached or unattached. Unattached floats are anchored in the substrate and floating upon a water body
and not connected to the shore. Attached floats are supported by pilings or anchored to a pier, ramp or
other structure connected to the shore.
Floating Aquaculture. Aquaculture systems that suspend the cultured species in the water column using
buoys, rafts, docks, or other structure. Floating aquaculture is synonymous with hanging aquaculture.
Finfish net pens are defined and regulated separately from other floating aquaculture systems.
Floating Home. A single family dwelling unit constructed on a float,that is moored, anchored, or
otherwise secured in waters and does not qualify as a vessel per WAC 332-30-106(74),though it may be
capable of being towed.
Floating On Water Residence.Any floating structure other than a floating home, as defined by this
chapter: (a)that is designed or used primarily as a residence on the water and has detachable utilities; and
(b) whose owner or primary occupant has held an ownership interest in space in a marina, or has held a
lease or sublease to use space in a marina, since a date prior to July 1, 2014.
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Floodplain. The areas established in effective Federal Emergency Management Agency (FEMA)flood
insurance rate maps that are susceptible to inundation with a one percent chance of being equaled or
exceeded in any given year. Floodplain is synonymous with one hundred year floodplain as defined by the
Federal Emergency Management Agency. The limit of this area shall be based upon flood ordinance
regulation maps.
Floodway. The areas established in effective Federal Emergency Management Agency (FEMA)flood
insurance rate maps or floodway maps. The floodway shall not include those lands that can reasonably be
expected to be protected from flood waters by flood control devices maintained by or maintained under
license from the Federal Government,the state, or a political subdivision of the state. See RCW 90.58.030.
Flood Control. All development designed to retard bank erosion,to reduce flooding of adjacent lands,to
control or divert stream flow, or to create a reservoir, including but not limited to revetments, dikes, levee,
channelization, dams,weirs, flood and tidal gates. Excluded are water pump apparatus.
Footprint. The total area within the perimeter of a structure (including roof eves, if applicable), or the
perimeter of a development other than a structure. However, for the vertical expansions of'legal non-
conforming' structures and the horizontal expansion allowance for manufactured homes,footprint does
not include uncovered decks or patios, nor does it include illegally established structures or additions.
Forage Fish. Small, schooling fishes that are key prey items for larger predatory fish and wildlife in a
marine food web. Puget Sound species include, but are not limited to, Pacific herring, surf smelt, Pacific
sand lance and northern anchovy. Each species has specific habitat requirements for spawning, such as
sediment grain size,tidal heights, or vegetation types. Known spawning and holding areas have been
mapped by the Department of Fish and Wildlife.
Forest Practices. Any activity conducted on or directly pertaining to forest land (as defined in WAC 222-16-
010) and related growing, harvesting, or processing of timber including but not limited to: (1) road and
trail construction, (2) harvesting, (3) pre-commercial thinning, (4) reforestation, (5) fertilization, (6)
prevention and suppression of diseases and insects, (7) salvage of timber, (8) brush control, (9) slash and
debris disposal, and (10) borrow pits, as regulated by Title 222-WAC.
Excluded from this definition is preparatory work such as tree marking, surveying and removal of
incidental vegetation such as berries, greenery, or other natural product whose removal cannot
normally be expected to result in damage to shoreline natural features. Log storage away from
forestlands is considered under Industry.
Functionally Isolated Buffer Areas.Areas that are functionally separated from a critical area and do not
protect the critical area from adverse impacts due to preexisting roads, railroads, levees, structures, or
vertical separation.
Gabions. Mass of rock, rubble, or masonry tightly enclosed in wire mesh, forming massive blocks that are
used to form walls on beaches to prevent wave erosion or as foundations for breakwaters or jetties.
Geotechnical Assessment. See "Shoreline Geotechnical Assessment."
Grading. Stripping, cutting, filling, or stockpiling earth to create new grade. Grading includes excavation of
material and addition of fill. Cut and fills incidental to a permitted use and less than 200 cubic yards are
not subject to the Grading policies or regulations but are still subject to the provisions in the Resource
Ordinance.
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Groins. A barrier type of structure extending from the beach or bank into a water body for the purpose of
the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of
materials. Generally narrow and of varying lengths, groins may be built in a series along the shore.
Habitat Management Plan (HMP). A report prepared by a qualified professional pursuant to Mason
County's Resource Ordinance that identifies how impacts upon habitat from a proposed use or activity will
be avoided or mitigated in accordance with the 'mitigation sequencing' described in Section 17.50.110 (B)
of this program. See MCC 8.52.170(j)for the minimum details required in HMP's.
Hearings Board. The State Shorelines Hearings Board established by the Act in RCW 90.58.170.
Height. Height is measured from average grade level to the highest point of a structure: provided,that
television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except
where such appurtenances obstruct the view of the shoreline of a substantial number of residences on
areas adjoining such shorelines, or this master programs specifically requires that such appurtenances be
included: provided further,that temporary construction equipment is excluded in this calculation.
Historic Preservation Professional. A person who holds a graduate degree in architectural history, art
history, historic preservation, or closely related field, with coursework in American architectural history, or
a bachelor's degree in architectural history, art history, historic preservation or closely related field plus at
least two years of full-time experience in research,writing, or teaching in American architectural history or
restoration architecture with an academic institution, historical organization or agency, museum, or other
professional institution; or substantial contribution through research and publication to the body of
scholarly knowledge in the field of American architectural history.
Historic Site. Those sites that are eligible or listed on the Washington Heritage Register, National Register
of Historic Places, or locally developed historic register.
Home Occupation. A business conducted within a dwelling which is the residence of the principal
practitioner. A Home Occupation may be reviewed as a residential use provided it complies with all
applicable County Ordinances and no alteration is made to the exterior of the residence or site which
would alter the character of the site as residential property including parking and signs. Activities that meet
this definition do not require shoreline permitting or exemptions. (See also 'cottage industries.')
Impervious Surface. A non-vegetated surface area which either prevents or retards the entry of water into
the soil mantle as under natural conditions prior to development. A non-vegetated surface area which
causes water to run off the surface in greater quantities or at an increased rate of flow from the flow
present under natural conditions prior to development. Common impervious surfaces include, but are not
limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving,
gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the
natural infiltration of stormwater.
Impervious Coverage. The percentage calculated by dividing the total area of impervious surfaces by the
total lot area (landward of the OHWM) and then multiplied by one-hundred (100)to convert to percentage
points.
Industrial Development. Facilities for processing, manufacturing, and storage of finished or semi-finished
products,together with necessary accessory uses such as parking, loading, and waste storage and
treatment.
In-Stream Structure. A human-made structure placed within a stream or river waterward of the ordinary
high water mark that either causes or has the potential to cause water impoundment, or the diversion,
SHORELINE MASTER PROGRAM December 20, 2021 Page 10
obstruction, or modification of water flow. In-stream structures may include those for hydroelectric
generation, irrigation, water supply,flood control,transportation, utility service transmission,fish habitat
enhancement, or other purpose.
Jetties. Structures generally perpendicular to shore extending through or past the intertidal zone. They
are built singly or in pairs at harbor entrances or river mouths mainly to prevent shoaling or accretion from
littoral drift. Jetties also serve to protect channels and inlets from storm waves or cross currents.
Joint-Use Private Dock. A dock for exclusive use by two or more adjacent waterfront lot owners, excluding
marinas.
Landscape Wall. A non-living fence or wall. A hedge of shrubs or trees is not considered a landscape wall
or fence.
Legal, Non-Conforming Development. A shoreline use, structure or lot which was lawfully constructed or
established prior to the effective date of the Act, or the Master Program, or amendments thereto, but
which does not conform to present regulations or standards of the Program or policies of the Act.
Legally Established or Constructed Structure, Use, and/or Lot. Having obtained the necessary permits or
having been established prior to the need for such permits.
Littoral Drift(or transport). The natural movement of sediment, particularly sand and gravel, along
shorelines by wave action in response to prevailing winds or by stream currents. (See Drift Sector.)
Lot. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to
meet minimum zoning requirements for width and area. The term shall include tracts, or parcels. Where
the context so indicates, lots, tracts or parcels may refer to subdivided lands not conforming to, or in
violation of, zoning or subdivision regulations.
Low Impact Development(LID). A stormwater management strategy that emphasizes conservation and
use of existing natural site features integrated with distributed, small-scale stormwater controls to more
closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. The term may
also be used to describe any type of development which incorporates new or experimental best
management practices to reduce environmental impacts.
Macro-algae. Refers to kelp and other algae species visible to the naked eye that provide food and habitat
structure for marine organisms.
Marina. A commercial moorage with or without dry storage facility for over ten pleasure or commercial
craft excluding canoes, kayaks and rowboats. Boat lifts, boat launches and covered moorage may also be
included. Marinas may be open to the general public or restricted on the basis of property ownership or
membership. Commercial services include but are not limited to overnight or live-aboard boating
accommodations. Goods or services related to boating may be sold commercially. Uses associated with
marinas shall conform to the regulations for these uses.
Marine Terminal. Public or private facilities for transfer of cargo or passengers from water-born craft to
land and vice versa; including but not limited to piers,wharves, sea islands, commercial float plane
moorages, off-shore loading or unloading buoys,ferry terminals, and required dredged waterways,
moorage basins and equipment for transferring cargo or passengers between land and water modes.
Excluded from this definition and dealt with elsewhere are marinas, boat ramps or docks used primarily for
recreation. Cargo storage and parking areas not essential for marine terminal operations, boat building or
repair are considered as industrial or accessory to other uses.
SHORELINE MASTER PROGRAM December 20, 2021 Page 11
Marine Waters. All bodies of water having a connection with the open sea and which are tidally
influenced,together with adjoining transitional and estuarine areas where average ocean derived salts
exceed five parts per thousand.
Master Program. Mason County program for regulation and management of the shorelines of the state
including goals and policies, use regulations, maps, diagrams, charts and any other text included in the
Program.
Mean Higher High Tide. The elevation determined by averaging each day's highest tide in a particular
saltwater shoreline area over a period of 18.6 years.
Mean High Water(MHW).The average elevation of all high waters recorded at a particular point or station
over a considerable period of time, usually 19 years. For shorter periods of observation, corrections are
applied to eliminate known variations and reduce the result to the equivalent of a mean 19-year value. All
high water heights are included in the average where the type of tide is either semidiurnal or mixed. Only
the higher high water heights are included in the average where the type of tide is diurnal. So determined,
mean high water in the latter case is the same as mean higher high water.
Mining. The removal of sand, gravel, minerals or other naturally occurring materials from the earth.
Mitigation Sequencing. The following sequence of steps listed in order of priority, with (1) being top
priority:
(1) Avoiding the impact altogether by not taking a certain action or parts of an action;
(2) 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;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(4) Reducing or eliminating the impact over time by preservation and maintenance operations;
(5) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and
(6) Monitoring the impact and the compensation projects and taking appropriate corrective measures.
Multi-Family Dwelling. A building designed or used for a residence by three or more household units,
including but not limited to apartments, condominium complexes, and townhouses.
Must. A mandatory term that means an action is required.
Native Vegetation. Plant species that are indigenous to Mason County.
No Net Loss. The maintenance of the aggregate total of the County's shoreline ecological functions.The
no net loss standard requires that the impacts of shoreline development and/or use, whether permitted or
exempt, be identified and prevented or mitigated such that there are no resulting adverse impacts on
ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net
loss requirement.
Non-Floating Aguaculture. Bottom aquaculture systems on tidelands or bedlands.
Normal Protective Bulkhead. A retaining wall-like structure constructed at or near ordinary high water
mark to protect a single family residence or lot upon which a single family residence is being constructed
and is for protecting land from erosion, not for the purpose of creating land.
SHORELINE MASTER PROGRAM December 20, 2021 Page 12
Ordinary High Water Mark(OHWM). On all lakes, streams, and tidal water is that mark that will be found
by examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, or as it may
naturally change thereafter or as it may change thereafter in accordance with permits issued by local
government or the Department PROVIDED THAT in any area where the ordinary high water mark cannot
be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and
the ordinary high water mark adjoining fresh water shall be the line of mean high water(RCW 90.58.030 as
amended).
Overwater Structures. Structures located waterward if the ordinary high water mark, whether fixed
above, floating on the surface, or fixed in the substrate.
Permit. A Shoreline Substantial Development Permit, Conditional Use Permit, or Variance Permit, any
combination thereof, or their revisions, issued by Mason County Pursuant to RCW 90.58.
Person. An individual, partnership, corporation, association, organization, cooperative, public or municipal
corporation, or agency of the state or local governmental unit however designated.
Pier. An open pile structure generally built from the shore extending out over the water to provide water
access or moorage for recreation, commercial or industrial watercraft and/or float planes.
Port District. Port Districts are governmental entities established under Title 53 RCW, which are formed by
a vote of the residents in an area to promote and support economic development within that area. Any
geographical area could be designated as a port district whether it is on a waterfront or not. Ports can
engage in almost any activity that provides jobs, supports local business, or facilitates economic stability in
their districts. Most port districts in Mason County operate public marinas in addition to other economic
development activities both on and off of the shoreline. Port district developments are regulated
according to the proposed use of the shoreline. For example, if a port district proposed a marina,the
marina regulations would apply. If a port district proposed a marine terminal, the industrial and marine
terminal regulations would apply.
Primary Structure. See the Shoreline Stabilization Chapter.
Priority Habitat. "Priority habitat" means a habitat type with unique or significant value to one or more
species. An area classified and mapped as priority habitat must have one or more of the following
attributes:
• Comparatively high fish or wildlife density;
• Comparatively high fish or wildlife species diversity;
• Fish spawning habitat;
• Important wildlife habitat;
• Important fish or wildlife seasonal range;
• Important fish or wildlife movement corridor;
• Rearing and foraging habitat;
• Important marine mammal haul-out;
• Refugia habitat;
• Limited availability;
• High vulnerability to habitat alteration;
• Unique or dependent species; or
• Shellfish bed.
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A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of
primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat
may also be described by a successional stage (such as, old growth and mature forests).Alternatively, a
priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine
shoreline,talus slopes, caves, snags) of key value to fish and wildlife.A priority habitat may contain priority
and/or non-priority fish and wildlife.
Priority Habitat and Species List. The Washington Department of Fish and Wildlife publishes a Priority
Habitats and Species (PHS) list. The PHS List is a catalog of habitats and species considered to be priorities
for conservation and management.
Priority Species. Species requiring protective measures and/or management guidelines to ensure their
persistence at genetically viable population levels. Priority species are those that meet any of the criteria
listed below.
(1) State-listed or state proposed species. State-listed species are those native fish and wildlife species
legally designated as endangered (WAC 232-12-014),threatened (WAC 232-12-011(1)), or sensitive
(WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed
by the Washington Department of Fish and Wildlife (POL-M 6001)for possible listing as
endangered,threatened, or sensitive according to the process and criteria defined in WAC 232-12-
297.
(2) Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals
susceptible to significant population declines, within a specific area or statewide, by virtue of their
inclination to congregate. Examples include heron colonies, seabird concentrations, and marine
mammal congregations.
(3) Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish,
and wildlife species of recreational or commercial importance and recognized species used for
tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
(4) Species listed under the federal Endangered Species Act as either proposed,threatened, or
endangered.
Public Access. The ability of the general public or, in some cases, a specific community,to reach,touch,
and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline
from adjacent locations.
Ramp. An access structure from a fixed pier or the land to a float. For this program, a 'boat ramp' is
considered a 'boat launch.'
Recreational Development. Facilities such as campgrounds, recreational vehicle parks, day use parks, as
well as those used for scientific or environmental education, etc. This applies to both publicly and
privately-owned shoreline facilities intended for use by the public or a private club, group, or association.
Residential Development. The development of single family dwellings, accessory dwelling units, duplex
and multi-family dwellings and their appurtenances for residential occupancy.
Restoration. The reestablishment or upgrading of impaired ecological shoreline processes or functions.
This may be accomplished through measures including, but not limited to, revegetation, removal of fill,
removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does
not imply a requirement for returning the shoreline area to aboriginal or pre- European settlement
conditions.
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Revetment. A sloped wall constructed of rip rap or other suitable material placed on stream banks or
other shorelines to retard bank erosion from high velocity currents or waves respectively.
Rip Rap. Dense, hard, angular rock used to armor revetments or other flood control works.
Scientific and Environmental Education Facilities. Those sites, structures, or facilities related to
recreational development that provide unique insight into our shoreline's natural and cultural heritage.
Setback. The distance from a lot, parcel,tract, critical area or resource land boundary, beyond which the
footprint or foundation of a structure shall not extend.
Shorelands. 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 the Act and this master program.
Shorelines. All of the water areas of the state, including reservoirs, and their associated shorelands,
together with the lands underlying them; except
(1) Shorelines of statewide significance;
(2) Shorelines on segments of streams upstream of a point where the mean annual flow is twenty
cubic feet per second or less and the wetlands associated with such upstream segments; and
(3) Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.
Shorelines of Statewide Significance. Those shoreline areas as defined in RCW 90.58.030(2)(f), specifically
the following bodies and associated shorelands in Mason County: Hood Canal, Lake Cushman,the
Skokomish River from the confluence of the North Fork of the Skokomish River and the South Fork of the
Skokomish River, downstream to the Great Bend of Hood Canal (excluding that portion within the
Skokomish Indian Reservation), and all saltwater bodies below the line of extreme low tide.
Shoreline Geotechnical Assessment. A scientific study or evaluation conducted by a qualified expert that
includes a description of the ground and surface hydrology and geology, the affected land form and its
susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and
recommendations regarding the effect of the proposed development on geologic conditions,the adequacy
of the site to be developed,the impacts of the proposed development, alternative approaches to the
proposed development, and measures to mitigate potential site-specific and cumulative geological and
hydrological impacts of the proposed development, including the potential adverse impacts to adjacent
and down-current properties. Geotechnical assessments shall conform to accepted technical standards
and must be prepared by qualified professional engineers or geologists who have professional expertise
about the regional and local shoreline geology and processes.
Shoreline Permit. One or more of the following permits: Substantial Development Permit, Conditional Use
Permit, or Variance.
Shoreline Stabilization (or"bank stabilization"). Actions taken to address erosion impacts to property and
dwellings, businesses, or structures caused by processes such as current,flood,tides, wind, or wave action.
These actions include a range of methods from "hard" structural methods such as bulkheads, and "softer"
nonstructural methods such as bioengineering.
Shorelines of the State. The total of all "shorelines" and "shorelines of state-wide significance".
SHORELINE MASTER PROGRAM December 20, 2021 Page 15
Should. The particular action is preferred unless there is a demonstrated, compelling reason, based on
policy of the Act and this Program, against taking the action.
Significant Vegetation Removal. The removal or alteration of trees, shrubs, and/or ground cover by
clearing, grading, cutting, burning, chemical means, or other activity that causes significant impacts to
ecological functions provided by such vegetation. The removal of invasive or noxious weeds does not
constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not
affect ecological functions, does not constitute significant vegetation removal.
Single Family Residence. A detached dwelling designed for and occupied by one family, including those
structures and developments within a contiguous ownership that are normal appurtenances.
Streams. Those areas where surface waters flow sufficiently to produce a defined channel or bed. A
defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes,
but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined channel swales. The
channel or bed need not contain water year round.This definition is not meant to include irrigation
ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses, unless they
are used by salmon or used to convey streams naturally occurring prior to construction.
For regulatory purposes under this chapter once streams are identified, the streams are typed following
the Washington State Department of Natural Resources Stream Typing System (WAC 222-16-030):
(1) "Type S Streams" are streams, within their bankfull width, as inventoried as "shorelines of the
state" under chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58 RCW
including periodically inundated areas of their associated wetlands.
(2) "Type F Streams" are segments of natural waters other than Type S Waters, which are within the
bankfull widths of defined channels and periodically inundated areas of their associated
wetlands, or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at
seasonal low water and which in any case contain fish habitat or are described by one of the
following four categories:
(a) Waters, which are diverted for domestic use by more than 10 residential or camping units or
by a public accommodation facility licensed to serve more than 10 persons, where such
diversion is determined by the department to be a valid appropriation of water and the only
practical water source for such users. Such waters shall be considered to be Type F Water
upstream from the point of such diversion for 1,500 feet or until the drainage area is
reduced by 50 percent,whichever is less;
(b) Waters, which are diverted for use by federal, state,tribal or private fish hatcheries. Such
waters shall be considered Type F Water upstream from the point of diversion for 1,500 feet,
including tributaries if highly significant for protection of downstream water quality. The
department may allow additional harvest beyond the requirements of Type F Water
designation provided the department determines after a landowner-requested on-site
assessment by the department of fish and wildlife, department of ecology, the affected
tribes and interested parties that:
(i) The management practices proposed by the landowner will adequately protect water
quality for the fish hatchery; and
(ii) Such additional harvest meets the requirements of the water type designation that
would apply in the absence of the hatchery;
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(c) Waters, which are within a federal, state, local, or private campground having more than 10
camping units: Provided,That the water shall not be considered to enter a campground until
it reaches the boundary of the park lands available for public use and comes within 100 feet
of a camping unit,trail or other park improvement;
(d) Riverine ponds,wall-based channels, and other channel features that are used by fish for off-
channel habitat.These areas are critical to the maintenance of optimum survival of fish.This
habitat shall be identified based on the following criteria:
(i) The site must be connected to a fish habitat stream and accessible during some period
of the year; and
(ii) The off-channel water must be accessible to fish.
(3) "Type Np Streams" are all segments of natural waters within the bankfull width of defined
channels that are perennial nonfish habitat streams. Perennial streams are flowing waters that do
not go dry any time of a year of normal rainfall and include the intermittent dry portions of the
perennial channel below the uppermost point of perennial flow.
(4) "Type Ns Streams" are all segments of natural waters within the bankfull width of the defined
channels that are not Type S, F, or Np Waters.These are seasonal, nonfish habitat streams in
which surface flow is not present for at least some portion of a year of normal rainfall and are not
located downstream from any stream reach that is a Type Np Water. Ns Waters must be
physically connected by an above-ground channel system to Type S, F, or Np Waters.
*(5) For purposes of this section:
(a) "Residential unit" means a home, apartment, residential condominium unit or mobile home,
serving as the principal place of residence.
(b) "Camping unit" means an area intended and used for:
(i) Overnight camping or picnicking by the public containing at least a fireplace, picnic table
and access to water and sanitary facilities; or
(i i) A permanent home or condominium unit or mobile home not qualifying as a
"residential unit" because of part time occupancy.
(c) "Public accommodation facility" means a business establishment open to and licensed to
serve the public, such as a restaurant,tavern, motel or hotel.
(d) "Natural waters" only excludes water conveyance systems which are artificially constructed
and actively maintained for irrigation.
(e) "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-year low
water situation, as measured or estimated by accepted hydrologic techniques recognized by
the department.
(f) "Channel width and gradient" means a measurement over a representative section of at
least 500 linear feet with at least 10 evenly spaced measurement points along the normal
stream channel but excluding unusually wide areas of negligible gradient such as marshy or
swampy areas, beaver ponds and impoundments. Channel gradient may be determined
utilizing stream profiles plotted from United States geological survey topographic maps (see
board manual section 23).
(g) "Intermittent streams" means those segments of streams that normally go dry.
SHORELINE MASTER PROGRAM December 20, 2021 Page 17
(h) "Fish habitat" means habitat which is used by any fish at any life stage at any time of the
year, including potential habitat likely to be used by fish which could be recovered by
restoration or management and includes off-channel habitat.
Structure. A permanent or temporary building or edifice of any kind, or any piece of work artificially built
up or composed of parts joined together in some definite manner,whether installed on, above, or below
the surface of the ground or water, except for vessels. Retaining walls, decks, bulkheads,fences and
similar improvements to real property are examples of structures.
Subdivision. The division or redivision of land for purposes of sale, lease or transfer of ownership into two
or more lots.
Substantial Development. Any development of which the total cost or fair market value exceeds seven
thousand forty-seven ($7,047) dollars, or as adjusted per RCW 90.58, or any development which materially
interferes with normal public use of the water or shorelines of the state; except that those developments
defined above as an "exemption" do not require a Substantial Development Permit but may require a
Variance or Conditional Use Permit.
Tideland. The land on the shore of marine water bodies between OHWM or MHHW and the line of
extreme low tide which is submerged daily by tides.
Upland. Those shoreline areas landward of OHWM except backshores, natural wetlands, and floodplains.
Toe. The lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc.
Transportation Facilities. Facilities consisting of the means and equipment necessary for the movement of
passengers or goods including roads and railways and related bridges and culverts; pedestrian, bicycle, and
public transportation systems and related fills and embankments; causeways; parking areas; truck
terminals and rail switchyards; sidings; and spurs. Transportation Facilities do not include parking and
driveways for single-family residential use.
Upland Finfish Rearing Facilities. Those facilities not located within waters of the state where finfish are
hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for market sale.This
includes fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated
public or private facility.
Urban Growth Area (UGA). Those areas designated by Mason County pursuant to RCW 36.70A.110 for
urban development.
Use. The end to which a land or water area is ultimately employed.
Utilities. Services and facilities that produce, convey, store, or process power, gas, sewage,
communications, oil,waste, stormwater, and the like.
Variance. An adjustment in the application of this program's regulations to a particular site,to grant relief
from a specific bulk, dimensional or performance standards set forth in this Master Program and not a
means to vary the use of a shoreline.
Vector. An organism that carries and transports disease (e.g. rat, fly).
Vegetation. All live plant material, including native and non-native,woody and herbaceous, deciduous and
evergreen,trees and understory groundcover, aquatic and terrestrial.
SHORELINE MASTER PROGRAM December 20, 2021 Page 18
Vegetation Removal. Physical extraction, including the whole plant plus its root structure, or trimming in
excess of that which a plant can survive even though the root structure is left in place, or chemical
expiration of plant material.
Water Dependent Use. A use or portion of a use that cannot exist in a location that is not adjacent to the
water and is dependent on the water by reason of the intrinsic nature of its operation. Examples include
but are not limited to marine terminals; ship building and repair, servicing and dry docking; aquaculture;
and log booming.
Water Enioyment Use. A recreational use or other use that facilitates public access to the shoreline as a
primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the
shoreline for a substantial number of people as a general characteristic of the use and which through
location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of
the shoreline. In order to qualify as a water-enjoyment use,the use must be open to the general public
and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that
fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks,
piers and other improvements facilitating public access to the shorelines of the state; and general water-
enjoyment uses may include, but are not limited to restaurants, museums, aquariums, scientific/ecological
reserves, and resorts/hotels (as part of mixed-use development or with significant public access or
restoration components).
Water Oriented Use. A use that is water-dependent, water-related, or water-enjoyment, or a combination
of such uses.
Water Related Use. A use that is not intrinsically dependent on a waterfront location but whose operation
cannot occur economically and functionally without a shoreline location because(1)The use has a
functional requirement for a waterfront location such as the arrival or shipment of materials by water or
the need for large quantities of water; or(2)The use provides a necessary service supportive of the water-
dependent uses and the proximity of the use to its customers makes its services less expensive and/or
more convenient. Examples include but are not limited to warehousing of goods transported by water,
seafood processing, oil refineries, paper and wood mills (if materials or products are water transported)
and ships' parts and equipment fabrication.
Weir. A small dam-like structure, usually engineered logs placed in streams, which changes the stream
gradient.
Wetlands. Areas that are inundated or saturated by surface water or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-
wetland sites including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals,
detention facilities,waste water treatment facilities,farm ponds, and landscape amenities, or those
wetlands created after July 1, 1990,that were unintentionally created as a result of the construction of a
road, street, or highway. However, wetlands may include those artificial wetlands intentionally created
from non-wetland areas to mitigate conversion of wetlands.
SHORELINE MASTER PROGRAM December 20, 2021 Page 19
17.50.030 Liberal Construction and Severability
A. LIBERAL CONSTRUCTION
In accordance with RCW 90.58.900, this ordinance is exempted from the rule of strict construction,
and it shall be liberally construed to give full effect to the objectives and purposes for which it was
enacted.
B. SEVERABILITY
If any provision of this ordinance, or its application to any person or legal entity or circumstances is
held invalid,the remainder of the ordinance, or the application of the provision to other persons or
legal entities or circumstances, shall not be affected.
17.50.040 Comprehensive Review and Amendments
A. COMPREHENSIVE REVIEW
This Title serves the function of a framework for decision-making, regarding future developments on
the waters and shorelands of Mason County whether public or private. As such, it must be
adaptable to changing conditions, and shall thus remain subject to periodic review and revision
when, in the judgment of the Administrator,the Planning Advisory Commission, or the Board such
review and revision are necessary to the Title's continued effectiveness. Reviews shall be conducted
no less frequently than that required by RCW 90.58.080 (4)(a).
B. AMENDMENTS
Any part of this ordinance may be amended subject to the approval of the Department of Ecology.
An amendment shall not be acted on by the Board until a public hearing in relation thereto has been
held by the Planning Advisory Commission (PAC) at which parties in interest and citizens shall have
an opportunity to be heard. At least ten (10) days notice of the time and place of such hearing shall
be published in a newspaper of general circulation in Mason County. Amendments may be initiated
by: the adoption of a motion by the Board requesting the PAC to set a hearing date on a proposed
amendment; or a recommendation by the Administrator to the PAC of such action.
Following completion of the hearing,the PAC shall take action to recommend adoption or rejection
of an amendment on the basis of information of the same nature as described under 15.09.060. The
action of the PAC shall be forwarded to the Board together with a report containing the findings and
conclusions upon which such action was based,within 14 days of said action.
Upon receipt of the recommendation on any proposed amendment the Board shall, at its next public
meeting, set the date for the public meeting where it shall consider the recommendation of the PAC.
The public meeting at which the Board considers the recommendations of the PAC shall not take
place prior to 30 days following the meeting at which the PAC took action on the amendment. The
Board may, at said public meeting, adopt or reject the recommendation of the PAC regarding the
SHORELINE MASTER PROGRAM December 20, 2021 Page 20
proposed amendment. In adopting the amendment as proposed by the PAC,the Board may make
any changes it deems necessary. The Board may also summarily reject the recommendation of the
PAC and adopt its own version of the proposed amendment in question.
An action of the PAC on an amendment may be appealed by any aggrieved person, PROVIDED such
appeal is filed within 30 days from the date of the PAC action. Such appeal shall be addressed to the
Board and filed with the Administrator.
Action taken by the Board on a motion adopting or rejecting a proposed amendment shall constitute
final action. Written notice of the action shall be forwarded to the Administrator and to other
persons involved in the initiation of the proposed amendment following the Board's final action.
No amendment approved by the Board shall become effective until approved by the Department of
Ecology, as required under RCW 90.58.090.
17.50.050 Restrictions Affecting Value
The restrictions imposed by this chapter shall be considered by the County Assessor in establishing fair
market value of the property.
17.50.060 Jurisdiction and Application of Regulations
The Shoreline Master Program, composed of this Chapter, provides for the management of the shorelines
by fostering all reasonable and appropriate uses. Its regulations implement the policies as outlined in this
Chapter and are intended to protect against adverse effects on the public health, on the land and its
vegetation and wildlife, and the waters and their aquatic life.
A. These regulations shall apply to all the lands and waters that are designated to be under the
jurisdiction of the Shoreline Management Act of 1971 (RCW 90.58.030)that are within Mason
County.The waterbodies listed in the tables below along with the associated 'shorelands,' constitute
'shorelines of the state'within Mason County jurisdiction.These 'shorelines of the state' are also
illustrated on the Official Shoreline Environment Designations Map.
B. These regulations shall apply to every person,firm, corporation, local and state governmental
agencies and other non-federal entities that would develop, use, or own lands, wetlands, or waters
under the control of the Master Program.
C. These regulations shall apply to all non-federal uses and developments undertaken on federal lands
and on lands subject to non-federal ownership, lease, or easement, even though such lands may fall
within the external boundaries of federally owned lands.
D. Federal agencies are subject to this Program and RCW 90.58, as provided by the Coastal Zone
Management Act (Title 16 United States Code §1451 et seq.; and WAC 173-27-060).
SHORELINE MASTER PROGRAM December 20, 2021 Page 21
E. The provisions of this Program shall not apply to the following:
1. Lands held in trust by the United States for Indian Nations, tribes or individuals.
2. Existing agricultural activities.
3. Developments pursuant to RCW 90.58.045 regarding environmental excellence program
agreements, notwithstanding any other provision of law, any legal requirement under the
Shoreline Management Act, including any standard, limitation, rule, or order is superseded
and replaced in accordance with the terms and provisions of an environmental excellence
program agreement, entered into under chapter 43.21(K) RCW.
F. Pursuant to RCW 90.58.355, requirements to obtain a Substantial Development Permit, Conditional
Use Permit, or Variance shall not apply to any person:
1. Conducting a hazardous remedial action at a facility pursuant to a consent decree, order, or
agreed order issued pursuant to chapter 70.105D RCW, or to the Department of Ecology when
it conducts a remedial action under chapter 70.105D RCW; or
2. Installing site improvements for storm water treatment in an existing boatyard facility to meet
requirements of a national pollutant discharge elimination system storm water general
permit.
3. The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be
required to obtain a permit under chapter 90.58 RCW.
G. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities
meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development
permit, conditional use permit,variance, letter of exemption, or other local review.
Table 17.50.060-A: Mason County Shorelines of the State—Marine waters
# Marine Area Length Miles
1 Hood Canal * 85.0
South Puget Sound, including Case Inlet,Pickering Passage,
2 Oakland Bay,Totten Inlet and Skookum Inlet 132.4
Total 217.4
*Shoreline of Statewide Significance
Table 17.50.060-B: Mason County Shorelines of the State-Streams
# River or Stream Name Legal Description
(1) Aristine Creek Beginning in the SW '/4 Sec.5; T21N, R5W then downstream to the
mouth at Vance Creek(NW '/4 Sec.4; T21N, R5W)
(2) Baker Creek Beginning in the NW '/4 Sec.11, T21N,R6W then downstream to
mouth at Satsop River Middle Fork(NW '/4 Sec.16, same township).
(3) Big Creek Beginning in the NE '/4 Sec.8, T23N, R4W then downstream to
mouth at Skokomish River North Fork(Lake Cushman,NE '/4
Sec.20, same township).
SHORELINE MASTER PROGRAM December 20, 2021 Page 22
(4) Bingham Creek Beginning in the SW'/4 of SW'/4 Sec.21, T21N,R5W then
downstream to mouth at Satsop River East Fork(SW'/4 Sec.11,
T19N, R6W).
(5) Boulder Creek' Beginning in the NW'/4 Sec.5, T24N,R4W then downstream to
mouth at Hamma Hamma River(SE 1/4 Sec.7, same township).
(6) Brown Creek Beginning in the SE 1/4 Sec.25, T23N,R5W then downstream to
mouth at Skokomish River South Fork(NE 1/4 Sec.9, T22N,R5W).
(7) Cabin Creek' Beginning at the Mason-Jefferson County boundary in the NE 1/4
Sec.1,T24N,R4W then downstream to mouth at Hamma Hamma
River(SE 1/4 Sec.1, same township).
(8) Cedar Creek' Beginning in the SW 1/4 Sec.3, T22N,R6W then downstream to
mouth at Skokomish River South Fork(NE 1/4 Sec.35,T23N,R6W).
(9) Church Creek' Beginning in the SW 1/4 Sec.29, T23N,R6W then downstream to
mouth at Skokomish River South Fork(NE 1/4 Sec.28, same
township).
(10) Canyon River Beginning in the NW'/4 Sec.17,T22N,R6W then downstream to
Mason-Grays Harbor County line(SW 1/4 Sec.18,T21N,R6W).
(11) Cloquallum Creek Beginning in the SW1/4 Sec.12,T19N, R5W then downstream to
Mason-Grays Harbor County boundary(SE1/4 Sec.36,T19N,
R6W).
(12) Cloquallum Creek, Beginning in the NE1/4 Sec.17, T19N,R5W then downstream to
Unnamed Trib Cloquallum Creek(NE1/4 Sec.20, same township).
(13) Coulter Creek Beginning at the Mason-Kitsap County boundary(NE'/4 Sec.4,
T22N, R1 W)then downstream to mouth at North Bay(SW'/4 Sec.9,
same township).
(14) Cranberry Creek Beginning at the outlet of Lake Limerick in the center of Sec.27,
T21N,R3W then downstream to mouth at Oakland Bay(SE1/4
Sec.35, same township).
(15) Decker Creek Beginning in the NE1/4 Sec.8, T20N,R6W then downstream to the
Mason-Grays Harbor County boundary(NW'/4 Sec.19,T20N, R6W)
then returning to Mason County at the Mason-Grays Harbor County
boundary in NW1/4 Sec.30,T20N,R6W,then downstream to mouth
at Satsop River East Fork(NW1/4 Sec.31, T19N, R6W).
(16) Decker Creek, Unnamed Beginning in the SW'/4 Sec.18,T20N,R6W then downstream to the
Trib Mason-Grays Harbor County boundary(NW'/4 Sec.19,T20N,R6W)
then returning to Mason County at the Mason-Grays Harbor County
boundary in NW1/4 Sec.19, same township,then downstream to
mouth at Decker Creek(NW1/4 Sec.19,T20N,R6W).
(17) Deer Creek Beginning in the SW1/4 Sec.20,T21N,R2W then downstream to
mouth at Oakland Bay(SW1/4 Sec.36,T21N,R3W).
(18) Dewatto River Beginning in the NW'/4 of Sec.5, T23N,R2W then downstream to
mouth at Dewatto Bay on Hood Canal(SW1/4 Sec.27,T23N,R3W).
SHORELINE MASTER PROGRAM December 20, 2021 Page 23
(19) Dry Bed Creek Beginning in the NE'/4 Sec.23, T21N,R6W then downstream to
mouth at Decker Creek(NWl/4 Sec.5,T19N, R6W).
(20) Dry Creek Beginning in the NE '/4 Sec.25,T21N,R6W then downstream to
mouth at Dry Bed Creek(NW'/4 Sec.3, T20N,R6W).
(21) Dry Creek 02 Beginning in the NW '/4 Sec.20, T23N,R5W then downstream to
(Lake Cushman) mouth at Lake Cushman(NW '/4 Sec.15, same township).
(22) Dry Run Creek Beginning in the SW'/4 Sec.23, T19N,R6W then downstream to
mouth at Satsop River East Fork(SW'/4 Sec.28, same township).
(23) Four Stream' Beginning in the SE'/4 of NW'/4 Sec.12,T23N,R6W then
downstream to mouth at Skokomish River North Fork(NEl/4 Sec.31,
T24N,R5W)
(24) Frigid Creek Beginning in the SW'/4 Sec.19,T22N,R4W then downstream to
mouth at McTaggert Creek(NEl/4 Sec.30, same township)
(25) Goldsborough Creek Beginning at the confluence of Goldsborough Creek North Fork and
Goldsborough Creek South Fork(SE'/4 Sec.19, T20N,R4W)then
downstream to mouth at Oakland Bay(NW'/4 Sec.20,T20N,R3W).
(26) Goldsborough Creek(N. Beginning at the confluence of Winter Creek and Goldsborough
Fork) Creek North Fork(SEl/4 Sec.8,T20N, R4W)then downstream to
mouth at confluence with Goldsborough Creek South Fork(SE'/4
Sec.19, same township).
(27) Goldsborough Creek(S. Beginning in the SW'/4 of NE'/4 Sec.25,T20N,R5W then
Fork) downstream to mouth at confluence with Goldsborough Creek
North Fork(SE'/4 Sec.19,T20N,R4W).
(28) Gosnell Creek Beginning in the NE '/4 Sec.16,T19N,R4W then downstream to
(upstream of Mill Creek mouth at Isabella Lake(NW'/4 Sec.1, same township).
and Lake Isabella)
(29) Hamma Hamma River Beginning in the NW'/4 Sec.14,T24N,R5W then downstream to
mouth at Hood Canal of Puget Sound(NE'/4 Sec.27 T24N,R3W).
(30) Jefferson Creek Beginning in the NEl/4 Sec.29, T24N,R4W then downstream to
mouth at Hamma Hamma River(SW'/4 Sec.8, T24N,R3W)
(31) Johns Creek Beginning in the NW'/4 ofNW'/4 Sec.5,T20N,R3W then
downstream to mouth at Oakland Bay(SEl/4 Sec.3, T20N,R3W).
(32) Kennedy Creek Beginning at the Mason-Thurston County boundary(SW'/4 Sec.31,
T19N,R3W)then downstream to mouth at Oyster Bay(NW'/4
Sec.32,T19N,R3W).
(33) Lebar Creek' Beginning in the NEl/4 Sec.25, T23N,R6W then downstream to
mouth at Skokomish River South Fork(NWl/4 Sec.9, T22N,R5W).
(34) Lena Creek' Beginning at the Mason-Jefferson County Boundary(NW'/4 Sec.2,
T24N,R4W then downstream to mouth at Hamma Hamma River
(SW'/4 same section).
SHORELINE MASTER PROGRAM December 20, 2021 Page 24
(35) Lilliwaup Creek Beginning in the Lilliwaup Swamp(SW'/4 Sec.11,T23N,R4W)
then downstream to mouth at Lilliwaup Bay in Hood Canal at(NE
'/4 Sec.30,T23N,R3W).
(36) McTaggert Creek Beginning in the NW'/4 Sec.20,T22N, R4W then downstream to
mouth at Skokomish River North Fork(SE'/4 Sec.30, same
township).
(37) Mill Creek(downstream Beginning at the outlet of Isabella Lake(SE'/4 Sec.31 T20N R3W)
of Gosnell Creek&Lake then downstream to mouth at Hammersley Inlet(NE'/4 Sec.25,
Isabella) T20N,R3W).
(38) Mission Creek Beginning in the NW'/4 Sec.24,T23N, R2W then downstream to
mouth at Hood Canal(NE'/4 Sec.1,T22N,R2W).
(39) Outlet Creek Beginning at the outlet from Nahwatzel Lake(NW'/4 Sec.8, T20N,
R5W then downstream to mouth at Bingham Creek(NE'/4 Sec.2,
T19N, R6W).
(40) Phillips Creek Beginning near the center of Sec.15,T20N,R5W then downstream
to mouth at Satsop River East Fork(SE'/4 Sec.22, T20N,R5W).
(41) Pine Creek' Beginning in the SE'/4 Sec.32, T23N,R6W then downstream to
mouth at Skokomish River South Fork(NWl/4 Sec.35, T23N,
R6W).
(42) Price Lake Outlet Beginning at the outlet of Price Lake(NW'/4 Sec.23,T23N,R4W)
then downstream to mouth at Lilliwaup Creek(SW'/4 Sec.13, same
township).
(43) Rabbit Creek Beginning in the NW'/4 Sec.33,T21N,R6W then downstream to
mouth at Satsop River Middle Fork(NW'/4 Sec.6, T20N, R6W).
(44) Rendsland Creek Beginning in the NEl/4 Sec.17, T22N,R3W then downstream to
mouth at Hood Canal(NW'/4 Sec.19, same township).
(45) Rock Creek' Beginning in the SW'/4 Sec.17,T22N,R5W then downstream to
mouth at Skokomish River South Fork(SW'/4 Sec.22,T22N,
R5W).
(46) Rule Creek' Beginning in the NW'/4 Sec.17,T23N, R6W then downstream to
mouth at Skokomish River South Fork(SE'/4 Sec.8, same
township).
(47) Satsop River(E.Fork) Beginning at the confluence of Satsop River East Fork,Phillips
Creek and Stillwater Creek(SE'/4 Sec.22, T20N,R5W)then
downstream to Mason-Grays Harbor County boundary(SW'/4
Sec.31,T19N,R6W).
(48) Satsop River(N. Fork) Beginning in the SE'/4 Sec.16, T22N, R6W then downstream to
Mason-Grays Harbor County boundary(NW'/4 Sec.6,T20N,R6W)
then reentering Mason County at SW'/4 Sec.31, T19N,R6W then to
mouth at Satsop River East Fork(SW'/4 Sec.31, T19N,R6W).
(49) Schneider Creek Beginning in the NE'/4 of SE'/4 Sec.32,T19N,R3W then
downstream to mouth at Oyster Bay(NE'/4 same section).
SHORELINE MASTER PROGRAM December 20, 2021 Page 25
(50) Schumacher Creek Beginning in the NE'/4 of NE'/4 Sec.15,T21N,R3W then
downstream to mouth at Mason Lake(SWl/4 Sec.7,T21N,R2W).
(51) Sherwood Creek Beginning at the outlet of Mason Lake(NWl/4 Sec.34,T22N,R2W)
then downstream to mouth at North Bay on Case Inlet(SW'/4
Sec.20,T22N,R1W).
(52) Skokomish River* From confluence of North Fork of Skokomish River and South Fork
Skokomish River(NW'/4 ofNE'/4 Sec.18, T21N,R4W)then
downstream to mouth in Great Bend on Hood Canal(NW'/4 Sec.6,
T21N, R3W)excluding portion on left bank within Skokomish
Indian Reservation.
(53) Skokomish River(N. Beginning in the NW'/4 Sec.3,T24N,R5W then downstream to the
Fork) Mason-Jefferson County boundary(in the same section)then
returning to Mason County in the NW'/4 Sec.5,T24N,R5W then
downstream to the confluence with the Skokomish River South Fork
(NW'/4 of NE'/4 Sec.18,T21N,R4W).
(54) Skokomish River(S. Beginning in the NE'/4 of NW'/4 Sec.6, T23N,R6W then
Fork) downstream to confluence with Skokomish River North Fork
(NW'/4 of NE'/4 Sec.18,T21N,R4W).
(55) Skokomish River(S. Beginning in the NE'/4 of SW'/4 Sec.6,T23N,R6W then
Fork),Unnamed Tribl downstream to confluence with Skokomish River South Fork(SW'/4
of NE'/4 same section).
(56) Skookum Creek Beginning in the SE'/4 Sec.28,T19N, R4W then downstream to
mouth at Little Skookum Inlet in Puget Sound(NW'/4 Sec.20,T 19N,
R3W).
(57) Tahuya River Beginning at the Mason-Kitsap County boundary in NE'/4 Sec.1,
T23N,R2W then downstream to mouth at Hood Canal near Tahuya
(NE'/4 Sec.27,T22N,R3W).
(58) Union River Beginning at the Mason-Kitsap County boundary in SEl/4 of NEl/4
Sec.9, T23N, R1W)then downstream to mouth of Lynch Cove near
Belfair(NE'/4 Sec.31,T23N,R1W).
(59) Unnamed Creek Beginning in the SW'/4 ofNE'/4 Sec.33,T21N,R5W then
downstream to mouth at Nahwatzel Lake(SWl/4 Sec. 4,T20N, R5W
(60) Vance Creek Beginning in the NE'/4 of NE'/4 Sec.26,T22N, R6W then
downstream to mouth on Skokomish River South Fork(SE'/4
Sec.12, T21N,R5W).
(61) Waketickeh Creek Beginning in the SW'/4 Sec.10,T24N,R3W then downstream to
mouth at Hood Canal(SW'/4 Sec.23, same township).
(62) Walter Creek' Beginning in the NEl/4 Sec.15, T22N,R6W then downstream to
mouth at Satsop River Middle Fork(SE'/4 Sec.16, same township).
(63) Washington Creek' Beginning in the SW'/4 Sec.23,T24N,R4W then downstream to
mouth at Jefferson Creek(SW'/4 Sec.13, same township).
SHORELINE MASTER PROGRAM December 20, 2021 Page 26
Note: Legal descriptions go from the 20 cfs starting point downstream to the river or stream mouth.
' In National Forest lands only.
* Shoreline of Statewide Significance(downstream from the confluence of the North and South Forks)
Table 17.50.060-C: Mason County Shorelines of the State- Lakes
# Lake Name Location Section(s) Acres Miles
1 Anderson, Lake T22N-R1W 19-E1/4 45 0
2 Arrowhead, Lake (Simpson) T19N-R5W 17 33 3
3 Bennettsen, Lake T23N-R2W 20-NE1/4 27 1
4 Benson Lake T21N-R2W 3-W1/2 80 2
5 Blacksmith Lake T23N-R2W 3-51/4 27 1
6 Catfish Lake T20N-R5W 1-SE1/4 25 1
7 Coon Lake T22N-R2W 24-E1/4 20 1
8 Cranberry Lake T21N-R3W 28& 29 397 9
T22N-R4W 5 &6
9 Cushman, Lake* T23N-R4W 7,18,19,20,29,30,31,32 4,010 19
T23N-R5W 10-15,24
10 Devereaux Lake T22N-R1W 7 & 18 98 3
11 Erdman Lake T23N-R2W 31-NW1/4 27 1
12 Fawn Lake T19N-R3W 4& 5 57 2
13 Forbes Lake T20N-R2W 29 &30 38 1
14 Goat Ranch Lake T23N-R2W 23 32 1
15 Goose Lake T20-R4W 12 & 13 (W1/2) 20 1
16 Hanks Lake T20N-R5W 1 &2 22 1
17 Haven Lake T23N-R2W 30 69 2
T20N-R3W 31
18 Isabella Lake T19N-R3W 6 338 5
T19N-R4W 1
T20N-R3W 31
19 Island Lake T19N-R3W 6 105 2
T19N-R4W 1
20 Johns Lake T20N-R4W 1 &2 16 1
Kokanee, Lake (Cushman
21 Res. No. 2; Lower Lake T22N-R4W 9 &16 105 6
Cushman)
22 Lilliwaup Swamp (w/Tenas T23N-R4W 2,10, 11,15,16 475 9
Lake)
23 Limerick, Lake T21N-R3W 22 & 27 132 4
SHORELINE MASTER PROGRAM December 20, 2021 Page 27
24 Lost Lake T19N-R5W 1-E1/2 123 3
25 Maggie Lake T22N-R3W 14-NW1/4 23 1
26 Mason Lake T21N-R2W 4,5,7,8 977 11
T22N-R2W 32-34
27 Melbourne Lake T23N-R4W 7 & 12 39 2
28 Nahwatzel Lake T20N-R5W 4,5,8 &9 280 3
29 Panhandle Lake T20N-R5W 36-W1/4 22 1
30 Panther Lake T23N-R1W 6 27 1
31 Phillips Lake T20N-R2W 5 107 3
32 Price Lake T23N-R4W 22-NE1/4 192 4
33 Rex Lake T21N-R3W 33-SW1/4 30 1
34 Section One Pond T23N-R1W 6&7 39 2
T23N-R2W 1
35 Spencer Lake T21N-R2W 32 213 5
36 Star Lake (Lystair) T19-R5W 8-NE1/4 41 2
37 Stump Lake T19N-R5W 28&33 (W1/2) 75 3
38 Tee Lake 5 48 2
T22N-R3W 2
39 Tiger Lake T23N-R1W 5 98 2
40 Timber Lake T20N-R2W 7 & 18 123 4
41 Trails End Lake T22N-R2W 23 & 24 73 2
42 Twin Lakes T23N-R2W 17-E1/2 41 2
43 Unnamed Lake- Elfendahl T23N-R2W 22-E1/2 33 2
Pass
44 West Lake T22N-R5W 33-NW1/4 34 2
45 Wooten, Lake T23N-R2W 19-51/2 68 2
Totals 8,903 136
*Shoreline of Statewide Significance
17.50.070 Use Preferences and Shorelines of Statewide
Significance
A. USE PREFERENCES
1. The public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of
the state shall be preserved to the greatest extent feasible consistent with the overall best
interest of the state and the people generally. To this end, uses shall be preferred which are
SHORELINE MASTER PROGRAM December 20, 2021 Page 28
consistent with control of pollution and prevention of damage to the natural environment, or
are unique to or dependent upon use of the state's shorelines.
2. Alterations of the natural condition of the shorelines of the state, in those limited instances
when authorized, shall be given priority for single family residences and their appurtenant
structures, ports, shoreline recreational uses, including but not limited to, parks, marinas,
piers, and other improvements facilitating public access to shorelines of the state, industrial
and commercial development which are particularly dependent on their location on or use of
the shorelines of the state and other development that will provide an opportunity for
substantial numbers of people to enjoy the shorelines of the state.
3. Permitted uses in the shorelines of the state shall be designed and conducted in a manner to
minimize, insofar as practical, any resultant damage to the ecology and environment of the
shoreline area and any interference with the public's use of the water(RCW 90.58.020).
B. SHORELINE OF STATEWIDE SIGNIFICANCE
1. The Shoreline Management Act of 1971 has designated the following shoreline areas of
Mason County as Shorelines of Statewide Significance:
a. Marine waters and shorelands (200 feet landward of the OHWM) of Hood Canal;
b. Marine waters of South Puget Sound seaward from extreme low tide;
C. Freshwater of Lake Cushman including shorelands; and
d. Skokomish River(downstream from the confluence of its North and South Forks)
including shorelands.
2. The Act states, concerning Shorelines of Statewide Significance: "The Legislature declares that
the interest of all of the people shall be paramount in the management of shorelines of
statewide significance." In managing shorelines of statewide significance, Mason County shall
give preference to uses in the following order of preference which:
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of the shoreline;
c. Result in long term over short term benefit;
d. Protect the resources and ecology of the shoreline;
e. Increase public access to publicly owned areas of the shoreline;
f. Increase recreational opportunities for the public in the shoreline;
g. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
SHORELINE MASTER PROGRAM December 20, 2021 Page 29
17.50.080 Environment Designations
A. PURPOSE AND CRITERIA
Shoreline environment designations are classifications of shoreline areas that reflect local shoreline
conditions, including ecological functions and shoreline development.
1. "Natural" Shoreline Environmental Designation
a. Purpose
The purpose of the Natural designation is to protect those shoreline areas that are
relatively free of human influence or that include intact or minimally degraded ecological
functions that would become irreversibly impaired as a result of human development and
activity.These systems require that only very low intensity uses be allowed in order to
maintain ecological functions and ecosystem-wide processes.
b. Designation Criteria
Shorelines that are relatively unaltered and provide high shoreline ecological functions
and have one or more of the following qualities:
i. Areas that are ecologically intact and perform irreplaceable ecological functions or
ecosystem-wide processes;
ii. High value wetland complexes with important ecological functions that have
generally intact buffers;
iii. High quality estuaries;
iv. High quality accretional spits;
V. High quality bluff-backed beaches, barrier beach, barrier estuary, deltas;
vi. Feeder bluffs that have minimal or no existing development above or below the
slope;
vii. Cold water inputs and springs that have been identified to be critical for salmonid
habitats;
viii. Areas that are critical for the support of priority wildlife species (waterfowl
concentrations, bald eagle habitat);
ix. Areas with which Federal or State endangered and threatened of wildlife have a
primary association;
X. Forested riparian areas predominantly composed of native vegetation with diverse
plant communities, multiple canopy layers, and the presence of large woody debris
available for recruitment to adjacent water bodies;
xi. Areas of particular scientific and educational interest; or
xii. Puget Sound Nearshore Estuary Restoration Program score of"least degraded."
SHORELINE MASTER PROGRAM December 20, 2021 Page 30
2. "Conservancy' Shoreline Environmental Designation
a. Purpose
The purpose of the Conservancy designation is to protect and restore ecological functions
and conserve existing natural resources and valuable historic and cultural areas in order
to provide for sustained resource and agricultural use and recreational opportunities.
b. Designation Criteria
Shorelines with one or more of the following qualities:
i. Partially developed or relatively intact areas that include landslide or erosion
hazard areas,feeder bluffs, wetlands, high quality riparian areas, or other critical
areas;
ii. Areas that are currently supporting resource-based uses, such as forestry,
agriculture, or aquaculture;
iii. Partially developed or relatively intact areas that include channel migration zones
or extensive floodplains;
iv. Areas designated as forestry lands per Comprehensive Plan designations that do
not qualify as Natural shoreline environments.
V. Currently supporting or can support low-intensity recreational activities (e.g., small
campgrounds, unpaved trails);
vi. Currently supporting or can support low-intensity water-dependent uses;
vii. High recreational value or with unique historic or cultural resources; or
viii. Puget Sound Nearshore Estuary Restoration Program score of"less degraded."
3. "Rural" Shoreline Environmental Designation
a. Purpose
The Rural designation is intended to protect agricultural land from urban expansion,
restrict intensive development along undeveloped shorelines,function as a buffer
between urban areas, maintain open spaces and floodplains, and allow for opportunities
for recreational uses compatible with agricultural activities.
b. Designation Criteria
Shorelines located outside UGA's, RAC's, and Hamlets that are developed or partially
developed; characterized by large lot sizes; designated Rural Residential 10, Rural
Residential 20, In-holding Lands, or Agricultural Resource Lands; and have one or more of
the following qualities:
i. A mix of uses including agriculture, large lot residential, tree farms, and/or
moderately intensive recreation (RV or tent campgrounds, paved trails, day-use
parks);
ii. Developed or partially developed areas that include channel migration zones or
floodplains; or
iii. Areas designated as agricultural lands per Comprehensive Plan designations.
SHORELINE MASTER PROGRAM December 20, 2021 Page 31
4. "Residential" Shoreline Environmental Designation
a. Purpose
The purpose of the Residential designation is to accommodate residential development in
areas already developed with or planned primarily for residential uses. Intensive
recreational uses and public access are appropriate, provided impacts to ecological
functions are mitigated or avoided.
b. Designation Criteria
Shorelines that are developed; characterized by small lot sizes; designated as Rural
Residential 2.5, Rural Residential 5,Allyn UGA residential zones, or Belfair UGA residential
zones; and have one or more of the following:
i. Areas that are predominantly developed with single-family or multifamily
residential development;
ii. Areas planned and platted for residential development, but are not predominantly
characterized by critical areas, floodplains and/or channel migration zones;
iii. Areas with a proliferation of docks/piers and structural armoring;
iv. Areas developed with or planned for highly intensive recreational uses (e.g.,
marinas, boat launches); or
V. Puget Sound Nearshore Estuary Restoration Program nearshore degradation score
of moderate to most degraded.
S. "Commercial' Shoreline Environmental Designation
a. Purpose
The purpose of the Commercial designation is to ensure optimum utilization of shorelines
within commercial areas.
b. Designation Criteria
Shorelines that do not qualify for a Natural or a Conservancy designation and that have
one of the following qualities:
i. Areas zoned commercial within an Urban Growth Area; or
ii. Areas zoned Rural Commercial or Rural Tourist; or
iii. Areas with commercial development.
6. "Aquatic" Shoreline Environmental Designation
a. Purpose
The purpose of the "aquatic" environment is to protect, restore, and manage the unique
characteristics and resources of the areas waterward of the ordinary high-water mark.
b. Criteria
The Aquatic environment designation applies to all shoreline areas waterward of the
ordinary high water mark on both freshwater and saltwater.
SHORELINE MASTER PROGRAM December 20, 2021 Page 32
B. ENVIRONMENT DESIGNATIONS MAP
The Mason County Official Shoreline Environmental Designations Map (herein referred to as "map")
is hereby made a part of this Title. The map illustrates shoreline environment designations that
apply to each segment of the Shoreline jurisdiction, clearly indicating, by color code, the particular
environment designation for all shoreline planning areas.
1. Mapping Boundaries
Where the exact location of a jurisdiction or environment designation boundary line is
uncertain,the official environment designation map will be used to determine the location of
such line. When resorting to the environment designation map does not resolve the conflict,
the following rules will apply:
a. Boundaries indicated as approximately following the center lines of streets, highways,
alleys or other roadways shall be construed to follow such center lines;
b. Boundaries indicated as approximately following lot,fractional section or other
subdivision lines shall be construed as following such subdivision lines;
c. Boundaries indicated as approximately following any lines of corporate limits or other
local government jurisdictional lines shall be construed as following such lines;
d. Boundaries indicated as following railroad lines shall be construed as following the center
line of the railroad right-of-way;
e. Boundaries indicated as parallel to or extensions of features identified in subsections a
through d above shall be so construed;
f. Boundaries between parallel environment designations shall be construed as the top of
the bluff or vegetation line that distinguishes existing development from the critical area
abutting the shoreline;
g. When not specifically indicated on the environment designation map, distances shall be
determined by the scale of the map;
h. Where existing physical or cultural features are at variance with those shown on the
environment designation map and cannot be determined with certainty by applying
subsections a through f above, the County shall determine the location or existence of
such feature utilizing the provisions of WAC 173-26-211,the policies of RCW 90.58.020,
and the corresponding Master Program provisions herein; and
i. Where a developed road intersects the shoreline jurisdiction such that the intersect is
between two distinct parcels, or where a parcel is separated from the water by an
additional parcel,the parcel on the landward side may not be required to meet certain
Mason County Shoreline Master Program development regulations for that designation
(such as public access, water-oriented use, or vegetation conservation standards),
provided all other applicable provisions of this Program are met, including no net loss of
shoreline ecological functions.
2. Mapping Errors
Some mapping errors may be adjusted prior to a Master Program amendment to assign the
appropriate designation to that area by the following methods:
SHORELINE MASTER PROGRAM December 20, 2021 Page 33
a. The common boundary descriptions and the criteria in RCW 90.58.030(2) and Chapter
173-22 WAC supersede the map when there are mapping error conflicts, other than
those with a solution provided in this section.
b. In the event that a jurisdictional area, including associated wetlands, is not mapped, it will
automatically be assigned a "Conservancy" designation. Such designation will apply until
a Master Program amendment is approved that assigns the appropriate designation to
the subject area.
C. In the event that a parcel was inadvertently assigned more than one designation
(perpendicular to the shore),the more restrictive designation shall apply.
d. In the event that a parcel on the boundary between two designations appears to be a
mapping error based on the criteria in this section,the County shall apply the most
appropriate of the two designations, until such time as the map can be formally corrected
consistent with WAC 173-26-100.
e. In the event of an environment designation mapping error where the Master Program
update or amendment record, including the public hearing process, is clear in term of the
correct environment designation to apply to a property, the County shall apply the
environment designation approved through the Master Program Update or Amendment
process and correct the map.
f. If the environment designation criteria were misapplied, but the map does not show an
unintentional error, a Master Program amendment may be obtained consistent with WAC
173-26-100.This process is intended to allow for reasonable flexibility in the Shoreline
Environment Designation process. Such process shall include early consultation with the
Department of Ecology and appropriate public process prior to local approval.
17.50.090 Project Classifications
A. Development proposals that propose to locate along the shoreline are categorized within each
shoreline designation as "permitted," "conditional uses," or"prohibited." This priority system
determines the proposal's administrative requirements and encourages activities that are
compatible with each shoreline designation.
B. Definitions:
1. Permitted. Those allowed uses that are preferable and meet the policies of the particular
shoreline designation. See definition of Substantial Development Permit and 17.50.400 of the
Shoreline Master Program.
2. Conditional Use. A Conditional Use Permit is intended to allow for flexibility and the exercise
of judgment in the application of regulations in a manner consistent with the policies of the
Shoreline Management Act and the Master Program. While not prohibited, these uses are an
exception to the general rule. Criteria used for judging conditional uses are outlined in
17.50.400 of the Shoreline Management Program.
3. Prohibited. Some developments and uses are viewed as inconsistent with the definition,
policies or intent of the shoreline environmental designation. For the purposes of this
SHORELINE MASTER PROGRAM December 20, 2021 Page 34
program, these uses are not considered appropriate and are not allowed, including by
Conditional Use or Variance.
Table Key:
P = Permitted (with a Shoreline Substantial Development Permit or Shoreline Exemption and subject to siting
and design requirements).
C = Conditional Use Permit(and a Shoreline Substantial Development or Shoreline Exemption).
C/P = Requires a Conditional Use Permit in some circumstances (see regulations).
X = Prohibited.
n/a = Not applicable.
* = See upland designation.
Table 17.50.090-A: Project Classification Table
SHORELINE USES SHORELINE ENVIRONMENT DESIGNATIONS
AND MODIFICATIONS Commercial Residential Rural Con- Natural Aquatic
servancy
Agriculture
Agriculture P P P P C X
Commercial feedlots X X C X X X
Upland finfish rearing facilities X X C C X n/a
Aquaculture
Non-floating P P P P C P
Floating P P P P C P
Finfish net pens n/a n/a n/a n/a n/a C/X1
Gravel enhancement>1,000 cy n/a n/a n/a n/a n/a C
Commercial geoduck' C C C C C C
1 Prohibited in Hood Canal,exceptions apply.
z Except that a Conditional Use Permit is not required for conversions.
Commercial
Water-dependent uses P C C C X
Water related&water enjoyment P C C C X See
regs.
Non-water oriented
Without waterfront) P X X X X n/a
With waterfront CZ/X X X X X X
Part of a mixed use project' C C C X X X
' If the site is physically separated from the shoreline by another property or public right-of-way.
2 If navigability is severely limited at the proposed site and the commercial use provides a significant public benefit
such as providing public access or ecological restoration.
s If part of a mixed use project that provides a significant public benefit such as public access or ecological
restoration. See regulations.
SHORELINE MASTER PROGRAM December 20, 2021 Page 35
Table 17.50.090-A: Project Classification Table
SHORELINE USES SHORELINE ENVIRONMENT DESIGNATIONS
AND MODIFICATIONS Commercial Residential Rural Con- Natural Aquatic
servancy
Forest Practices
Forestry X P P P C X
In-Stream Structures
Utility-related C C C C X
Habitat enhancement P P P P P
Temporary research devices P P P P P
Other C C C C X
Marinas
Marinas C C C X X
Mining
Mining C'/X2 C'/X2 C'/X2 C'/X2 X C1/X3
1. Mining is only allowed if it is `water dependent.'
2. Mining is prohibited on shorelands of Hood Canal.
3. The mining of sand,gravel,cobbles,rock,or other native substrate from any marine beaches or lake shores below
the ordinary high water mark is not permitted.
Outdoor Advertising, Signs and Billboards
Water dependent,navigational, P P P P P P
public safety,or temporary
Other P P P P P X
Industrial and Marine Terminal Development
Water-dependent and water related P C C C X C
Non-water oriented
Without waterfront) C X X X X n/a
With waterfront CZ/X X X X X X
Part of a mixed use project' C C C C X X
' If the site is physically separated from the shoreline by another property or public right-of-way.
2 If navigability is severely limited at the proposed site and the use provides a significant public benefit such as
providing public access or ecological restoration.
' If part of a mixed use project that provides a significant public benefit such as public access or ecological
restoration. See regulations.
SHORELINE MASTER PROGRAM December 20, 2021 Page 36
Table 17.50.090-A: Project Classification Table
SHORELINE USES SHORELINE ENVIRONMENT DESIGNATIONS
AND MODIFICATIONS Commercial Residential Rural Con- Natural Aquatic
servancy
Recreational
Water oriented(including parks and
scientific/environmental P P P P C C1/X
education facilities)
Non-water oriented P C C C C2/X X
1 Water dependent.
2 Non-water oriented campsites may be approved in the Natural environment with a Conditional Use Permit,
provided they are primitive in nature and not accessible by vehicles.
Residential
Single-family P P P P C X
Duplex P P X X X X
Multi-family P C X X X X
Accessory dwelling units P P P C X X
Floating homes n/a n/a n/a n/a n/a X
Cottage industries P P C C C C
Restoration and Enhancement Projects
Restoration and enhancement P P P P P P
projects
Transportation Facilities
Transportation(roads and railways) P P P C C C
Parking-accessory to permitted P P P C X X
use
Parking—primary use X X X X X X
Utilities
Production and processing C C C C X C
Transmission facilities P P P P C C
Shoreline Modifications
Beach Access Structures
Beach access structures P P P P C
Boat Launches
Trailer launched P P C C X
Hand launched P P P P C
Upland davits P P P P X n/a
Breakwaters,Jetties, Groins
Breakwaters,jetties, and groins C C C C X C
SHORELINE MASTER PROGRAM December 20, 2021 Page 37
Table 17.50.090-A: Project Classification Table
SHORELINE USES SHORELINE ENVIRONMENT DESIGNATIONS
AND MODIFICATIONS Commercial Residential Rural Con- Natural Aquatic
servancy
Docks, Floats,Mooring Buoys, Boat Lifts, and Covered Moorage
Docks(piers,ramps,and/or
attached floats)
Hood Canal P P1/C n/a P1/C3/X1 X
South Puget Sound P C4/P n/a C X
Lakes P P P P1/C X
Rivers X X X X X X
Unattached floats n/a n/a n/a n/a n/a P
Mooring buoys n/a n/a n/a n/a n/a P
Boat lifts&overwater davits P P P C X
Covered moorage/overwater n/a n/a n/a n/a n/a V
boathouses
' Public recreational use.
z A new,private dock serving an individual residential lot is prohibited.
s Joint-use or community docks are permitted with a Conditional Use Permit(and Shoreline Substantial
Development permit).
4 A new,private dock serving an individual residential lot may be permitted with a Conditional Use Permit(and
Shoreline Substantial Development Permit). Joint-use,community,or public recreational docks are permitted
without a Conditional Use Permit.
5 Permitted only in marinas.
Dredging
Maintenance dredging n/a n/a n/a n/a n/a P
Non-maintenance dredging
Restoration dredging n/a n/a n/a n/a n/a P
Other non-maint. dredging n/a n/a n/a n/a n/a C/X
Dredge material disposal
Restoration disposal P P P P C/P P
Other dredge material disposal C C C C C C
Flood Control
Dams for the sole purpose of flood X X X X X X
control
All other,including dikes and C C C C X X
levees
SHORELINE MASTER PROGRAM December 20, 2021 Page 38
Table 17.50.090-A: Project Classification Table
SHORELINE USES SHORELINE ENVIRONMENT DESIGNATIONS
AND MODIFICATIONS Commercial Residential Rural Con- Natural Aquatic
servancy
Grading
Water dependent P P P C C P'/C2/X
Non-water dependent C C C C C C2/X
Sanitary landfill X X X X X X
' May be authorized for restoration projects without a Conditional Use Permit.
2 Grading in Aquatic is allowed in certain circumstances with a Conditional use Permit. See regulations.
Shoreline Stabilization
Shoreline stabilization P P P P C
SHORELINE MASTER PROGRAM December 20, 2021 Page 39
17.50.100 GENERAL Policies and Regulations
17.50.105 ARCHAEOLOGICAL, CULTURAL AND HISTORIC RESOURCES
A. POLICIES
1. The County should consult with professional archaeologists to maintain an inventory of areas
containing potentially valuable archaeological data, while adhering to applicable state and
federal laws protecting such information from public disclosure.
2. Where possible, sites should be permanently preserved for scientific study and public
observation. In areas known to contain archaeological data, the County shall require a site
inspection and evaluation by an archaeologist to ensure that possible archaeological data is
properly managed.
3. Shoreline permits, in general, should contain provisions which require developers to stop work
and notify appropriate state and tribal authorities if archaeological data is uncovered during
excavation.
4. The National Historic Preservation Act provides for the protection, rehabilitation, restoration
and reconstruction of districts, sites, building, structures and objects significant to American
and Washington history, architecture, archaeology or culture. Development or uses that may
impact archaeological sites are subject to the Indian graves and records act (RCW 27.44),the
archaeological sites and records act (RCW 27.53), and archaeological excavation and removal
rules found in WAC 25-48.
B. REGULATIONS
1. Mapped/Documented Archaeological Areas and Historic Structures
a. Prior to issuing a development permit or exemption with a ground breaking or ground
covering component for a project within 500 feet of a known, documented archaeological
area or within 100 feet of a known, documented historic structure,the applicant shall
provide a cultural resource site assessment to determine the presence of archaeological
or historic resources in the area of the proposal.
b. The requirement for a site assessment may be waived in the following circumstances:
i. With the Department of Archaeology and Historic Preservation and Tribal consent,
if the applicant can demonstrate the proposed development clearly will not disturb
the ground or impact a known site or resource; or
ii. If the applicant can demonstrate to the County's satisfaction that his or her
proposal has already undergone a cultural resources review process of equal
intent.
C. If the cultural resource site assessment identifies the presence of archaeological, historic,
or cultural resources, appropriate recommendations shall be included as part of the
assessment.
SHORELINE MASTER PROGRAM December 20, 2021 Page 40
d. Site assessments prepared for archaeological areas shall be prepared by a professional
archaeologist, as defined under RCW 27.53.030(11). Site assessments prepared for
historic structures shall be prepared by a historic preservation professional. Site
assessments shall meet the survey and inventory standards in the "Washington State
Standards for Cultural Resources Reporting" dated January 2013, or as amended
thereafter. The landowner or project proponent shall be responsible for any professional
service fees.
e. The County shall forward the site assessment to DAHP and the applicable Tribe,who will
have 14 days to provide comment. If either has found that the site assessment submitted
by the applicant is not complete (per(d) above),the permit will be placed on hold by the
County until 14 days after the County forwards the revised assessment to DAHP and the
applicable Tribe.
f. The County may condition the permit so that the applicant obtains any necessary DAHP
permits under RCW 27.53; implements any avoidance, minimizing, or mitigating factors
recommended by the author of the report, DAHP, and/or the applicable Tribe; or notifies
the applicable Tribes prior to proceeding with development.
g. In order to provide the Tribes and DAHP the opportunity to determine if a proposed
project is near a known cultural resource,whether or not it is depicted on the map that
the County utilizes, Mason County will provide on their website a link that will generate a
table of permit and exemption application case numbers, dates received or entered into
the database, project locations, and project descriptions. The Tribes and DAHP will have
14 days from the date the application information is available on the website to
recommend that the County require the applicant to submit a cultural resource site
assessment. However, if the project requires SEPA review, and if the County is the lead
agency,the comment period is extended to include the SEPA comment period.
2. Inadvertent Discovery.
a. If items of possible historic, archaeological or cultural interest are inadvertently
discovered during any new shoreline use or development,the proponent shall
immediately stop work and notify the County Community Services Department,
Washington State Department of Archaeology and Historic Preservation, and the affected
tribe. The stop work order shall remain in effect until DAHP has authorized that the
proposed development may proceed.
b. If ground disturbing activities encounter human skeletal remains during the course of
construction,then all activity shall cease that may cause further disturbance to those
remains.The area of the find shall be secured and protected from further
disturbance. The finding of human skeletal remains shall be first reported to local law
enforcement and the County medical examiner/coroner in the most expeditious manner
possible. The remains shall not be touched, moved, or further disturbed. The County
medical examiner/coroner will assume jurisdiction over the human skeletal remains and
make a determination of whether those remains are forensic or non-forensic. If the
County medical examiner/coroner determines the remains are non-forensic,then they
shall report that finding to the Department of Archaeology and Historic Preservation
(DAHP) who will then take jurisdiction over the remains.
3. Emergency Process for Protecting Cultural Resources.
SHORELINE MASTER PROGRAM December 20, 2021 Page 41
In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030
necessitate rapid action to retrieve or preserve archaeological or historical resources,the
construction necessary to protect the project property may be exempted from the
requirement to obtain a Shoreline Substantial Development Permit. The County shall notify
the State Department of Ecology, the State Attorney General's Office, potentially affected
tribes, and the State Department of Archaeology and Historic Preservation of such a waiver
within 30 days of such action.
17.50.110 ECOLOGICAL PROTECTION, CRITICAL AREAS, NO NET LOSS
A. POLICIES
1. Ecological Protection, Critical Areas, No Net Loss
a. This program aims to protect against adverse effects on the public health, on the land and
its vegetation and wildlife, and the waters and their aquatic life by:
i. Requiring that current ecological functions be identified and understood when
evaluating new uses and developments;
ii. Requiring adverse impacts be mitigated in a manner that ensures no net loss of
shoreline ecological functions necessary to sustain shoreline natural resources. "No
net loss" means that existing shoreline ecological functions are not degraded as a
result of new development.This can be achieved through mitigation which involves
first avoiding the impact altogether, then minimizing impacts where possible, and
then replacing or compensating for unavoidable loss of functions and resources.
iii. Ensuring that all uses and developments regulated under the Act, including
preferred uses and uses that are exempt from a Shoreline Substantial Development
Permit,will not cause a net loss of shoreline ecological functions.
iv. Preventing,to the greatest extent practicable, cumulative impacts from individual
developments.
V. Fairly allocating the burden of preventing cumulative impacts among development
opportunities.
vi. Including incentives to restore shoreline ecological functions where such functions
have been degraded by past actions.
b. This program should incorporate relevant critical area, excavation and grading, vegetation
conservation, stormwater management and on-site septic system regulations that
implement these policies.
c. This program should include a mechanism for documenting all project review actions in
shoreline jurisdiction.The County should evaluate the cumulative effects of authorized
development on shoreline conditions as part of legislatively-mandated comprehensive
program reviews.The County should seek involvement of state resource agencies,
affected Indian tribes, and other parties.
2. Vegetation Conservation
SHORELINE MASTER PROGRAM December 20, 2021 Page 42
a. This program is intended to maintain shoreline vegetation that protects human safety
and property, increases the stability of river banks and coastal bluffs, reduces the need
for structural shoreline stabilization measures, improves the visual and aesthetic qualities
of the shoreline, protects plant and animal species and their habitats, and enhances
shoreline uses.
b. New uses and developments should be located and designed to preserve native shoreline
vegetation to maintain shoreline ecological functions and prevent direct, indirect and
cumulative impacts of shoreline development.
c. The County should implement vegetation conservation policies through a variety of
means, including fish and wildlife habitat conservation area and wetland setback and
buffer standards, conditional use requirements for specific uses or areas, mitigation
requirements, incentives and non-regulatory programs.
3. Water Quality and Quantity
a. This program seeks to maintain and improve water quality for human health,
environmental protection, and protection of water-dependent businesses.
b. The location, construction, operation, and maintenance of shoreline uses and
developments should maintain or enhance the quantity and quality of surface and ground
water over the long term.
c. The County should ensure mutual consistency between shoreline management provisions
and other regulations that address water quality and storm water quantity, including
public health, storm water, and water discharge standards.
B. REGULATIONS
1. No Net Loss and Mitigation
a. Except when specifically exempted by statute, all new shoreline use and development,
including preferred uses and uses that are exempt from permit requirements, shall be
located, designed, constructed, conducted, and maintained in a manner that maintains
shoreline ecological functions.
b. Proponents of new shoreline use and development shall employ measures to mitigate
unavoidable adverse environmental impacts to ensure no net loss of ecological functions
necessary to sustain shoreline resources.
C. Mitigation measures shall be applied in the following sequence of steps listed in order of
priority:
i. Avoiding the adverse impact altogether by not taking a certain action or parts of an
action;
ii. 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;
iii. Rectifying the impact by repairing, rehabilitating or restoring the affected
environment;
iv. Reducing or eliminating the impact over time by preservation and maintenance
operations;
SHORELINE MASTER PROGRAM December 20, 2021 Page 43
V. Compensating for the adverse impact by replacing, enhancing, or providing
substitute resources or environments;
vi. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
d. In determining appropriate mitigation measures applicable to shoreline development,
lower priority measures shall be applied only where higher priority measures are
determined to be infeasible or inapplicable.
e. Required mitigation shall not exceed a level necessary to assure that proposed uses or
development will result in no net loss of shoreline ecological functions.
f. Mitigation actions shall not have a significant adverse impact on other shoreline uses
fostered by the policies of the Shoreline Management Act.
g. Compensatory mitigation measures shall occur in the vicinity of the impact or at an
alternative location within the same watershed or marine shoreline reach that provides
greater and more sustainable ecological benefits.
i. When determining whether offsite mitigation provides greater and more
sustainable benefits,the County shall consider limiting factors, critical habitat
needs, and other factors identified by a locally adopted shoreline restoration plan,
or an approved watershed or comprehensive resource management plan.
ii. Considerations for determining whether off-site mitigation is preferable include,
but are not limited to:
(a) On-site conditions do not favor successful establishment of functions, such as
lack of proper soil conditions or hydrology;
(b) On-site compensation would result in a habitat that is isolated from other
natural habitats or severely impaired by the effects of the adjacent
development;
(c) Off-site location is crucial to one or more species that is threatened,
endangered, or otherwise of concern, and the on-site location is not;
(d) Off-site location is crucial to larger ecosystem functions, such as providing
corridors between habitats, and the on-site location is not; and
(e) Off-site compensation has a greater likelihood of success or will provide
greater functional benefits.
iii. The County may also approve use of alternative mitigation practices such as in-lieu
fee programs, mitigation banks, and other similar approaches provided they have
been approved and sanctioned by the Department of Ecology and other applicable
state and federal agencies.
h. Authorization of compensatory mitigation measures may require appropriate safeguards,
terms or conditions as necessary to ensure no net loss of ecological functions. See the
Fish &Wildlife Habitat Conservation Areas chapter of the Resource Ordinance (MCC
8.52.170.J)for detailed requirements for Habitat Management Plans, mitigation,
monitoring, maintenance, and bonding.
i. Land that is constrained by critical areas and buffers shall not be subdivided to create
parcels that are only buildable through a Shoreline Variance.
SHORELINE MASTER PROGRAM December 20, 2021 Page 44
2. Critical Areas
a. Applicability
i. Subject to exceptions listed below,the critical area provisions of the Mason County
Resource Ordinance (MCC 8.52) adopted on August 3rd 1993 as Ordinance Number
77-93 and last amended on October 12, 2021 as Ordinance Number 2021-064 are
adopted by reference and shall apply within shoreline jurisdiction.
ii. Critical area provisions do not extend shoreline jurisdiction beyond the limits
specified in this SMP. For regulations addressing critical area buffers that are
outside Shoreline Jurisdiction, see Resource Ordinance, Chapter 8.52 MCC.
iii. In the event provisions of MCC 8.52 are found inconsistent with standards and
requirements in this Program, this Program shall govern, except as provided below.
iv. Shoreline uses and developments shall be consistent with MCC Chapter 14.22
Flood Damage Prevention, as amended. Where provisions of the FDPO and the
SMP conflict, the more restrictive provisions shall apply.
V. The following procedural provisions differ from MCC 8.52 within shoreline
jurisdiction:
(a) Applications that are processed as a Mason Environmental Permit per MCC
8.52.190(C), and do not require a Shoreline Variance,Shoreline Substantial
Development Permit, or Shoreline Conditional Use shall instead be processed
as a Shoreline Exemption.
(b) The general exemptions in section 8.52.200 do not apply. For exemptions to
the SMP, see section 17.50.060(E) and WAC 173-27-045. For exemptions from
the Substantial Development Permit process, see section 17.50.400 and WAC
173-27-040.
(c) "New residential construction" does not include any replacements or repairs
of legally established structures.
(d) Development applications that are processed according to the Reasonable Use
Exception provisions of MCC 8.52.190(K) or Variance provisions of MCC
8.52.220 shall instead be processed as a Shoreline Variance.
(e) MCC 8.52.210 regarding 'nonconforming use and development' shall instead
be subject to MCC 17.50.120 within shoreline jurisdiction.
(f) MCC 8.52.250 regarding 'appeals' does not apply within shoreline jurisdiction.
(g) MCC 8.52.260 regarding 'judicial review' does not apply within shoreline
jurisdiction.
b. Buffers and Setbacks
i. Buffers and setbacks in shoreline jurisdiction are consistent with requirements of
MCC 8.52 and Table 17.50.110-A.
ii. Unless otherwise specified, buffers shall be maintained in predominantly natural,
undisturbed, undeveloped and vegetated condition. Regulated buffers shall not
extend across lawfully established public roads or hardened surfaces to include
areas which are functionally isolated from the critical area. Buffer reductions under
this provision are allowed only when the functional disconnection has been
SHORELINE MASTER PROGRAM December 20, 2021 Page 45
documented through a report by a qualified professional that demonstrates the
area is functionally isolated.The County shall consider the hydrologic, geologic,
and/or biological habitat connection potential and the extent and permanence of
the physical separation.
iii. New shoreline development shall be located landward of the minimum shoreline
buffer plus building setback, except as specified in this Program or with the
approval of a Shoreline Variance.
iv. As authorized by MCC 8.52.170(E)(3)(b), special setbacks may be authorized for
single-family residences on existing lots in certain circumstances without a
Shoreline Variance.
V. If buffers for any critical areas are contiguous or overlapping, the buffers and
setbacks that are most protective of shoreline ecological resources shall apply.
vi. In accordance with RCW 90.58.065, this Program shall not restrict existing or
ongoing agricultural activities occurring on agricultural lands.
3. Dimensional Standards for Shoreline Development
a. Table 17.50.110-A establishes buffer and dimensional standards for shoreline
development.
b. A standard height limit of thirty-five feet (35') shall apply within shoreline jurisdiction,
unless Mason County zoning code requires a lesser height. Height is measured according
to MCC 17.50.020, Definitions. Power poles and transmission towers associated with
allowed uses and developments are not subject to height limits but shall not be higher
than needed to achieve the intended purpose. Consistent with MCC 8.52.061.D,
agricultural buildings, cell towers, antennas and water tanks are also not subject to height
limits. Pursuant to RCW 90.58.320, exceptions are allowed when overriding
considerations of the public interest will be served. Bridge structures are examples of
structures that serve the public interest.
C. In Conservancy and Natural shoreline environments maximum impervious coverage for
residential development shall be limited to ten percent (10%) or 2,550 square feet,
whichever is greater. The impervious coverage is calculated by dividing the total area of
impervious surface (e.g., driveways, buildings, patios, parking lots) located in shoreline
jurisdiction by the total lot area that is within shoreline jurisdiction (landward of the
OHWM) and then multiplied by one-hundred (100)to convert to percentage points.
d. Minimum lot width shall comply with the dimensions in Table 17.50.110-A.
Table 17.50.110-A: Buffer and dimensional standards for shoreline development.
Commer- Residential Rural Conser- Natural Aquatic
cial vancy
1. Minimum Fish& Wildlife Habitat Conservation Area buffer(in feet)
Streams 150' 150' 150' 150' 150' NA
Saltwater 50' 100, 100, 150' 150' NA
Lakes 100, 100, 100, 100, 100, NA
SHORELINE MASTER PROGRAM December 20, 2021 Page 46
2. Minimum structural setback from FWHCA(equals buffer plus 15 feet)
Streams' 165' 165' 165' 165' 165' NA
Saltwater'°3 65' 115' 115' 165' 165' NA
Lakes3 115' 115' 115' 115' 115' NA
3. Maximum height limit' 35' 35' 35' 35' 35' NA
4. Maximum impervious See current adopted Stormwater o 0
surface coverage Manual for standards. 10/0 10/o NA
(percent of lot)s
5. Minimum lot width 50, 50' 100,6 200'6 200' NA
i Buffer widths for marine bluffs shall be no less than a distance equal to or greater than a distance from the
ordinary high water mark landward at a slope of 2:1(horizontal to vertical)that intersects with the existing
topography of the site.
2 Or the channel migration zone,whichever is larger.
3 Common line provisions may apply to residential development per MCC 8.52.170.
° Unless a lesser height is required by Zoning.
5 Total lot area excludes area encompassed by streams,wetlands, landslide hazards,floodways, lakes,and
saltwater.
6 For lots created by performance subdivisions in Rural and Conservancy SED's,the minimum lot width is
determined by the zoning(Development Regulations).
4. Vegetation Conservation
a. Unless otherwise specified, all new shoreline uses and development shall comply with the
buffer provisions of this program to protect and maintain native shoreline vegetation.
b. Vegetation clearing in shoreline jurisdiction shall be limited to the minimum necessary to
accommodate approved shoreline development. Outside shoreline buffers,vegetation
removal shall comply with applicable requirements for clearing and grading,forest
practices, and protection standards for fish and wildlife habitat. Vegetation conservation
standards shall not be applied retroactively in a manner that requires lawfully established
uses and developments including residential landscaping and gardens to be removed,
except when required as mitigation for new or expanded development.
C. Removal of dangerous trees, establishment of view corridors, trimming, pruning,
maintenance of existing landscaped areas, and noxious weed removal in buffers shall be
conducted in accordance with the regulations in the Mason County Resource Ordinance:
MCC 8.52.110.D.2.i, MCC 8.52.140.D.2.c, MCC 8.52.170.D, and Appendix C.
5. Water Quality and Quantity
a. Shoreline use and activity shall incorporate measures to protect and maintain surface and
ground water quantity and quality in accordance with all applicable laws.
b. All shoreline uses and activities shall use stormwater and erosion control and treatment
methods during both project construction and operation. At a minimum, erosion control
SHORELINE MASTER PROGRAM December 20, 2021 Page 47
methods shall require compliance with the provisions of MCC Chapter 14.48 (Stormwater
Management) and 17.80 (Low Impact Development).
c. Where permitted, on-site sewage systems shall be located and designed to meet all
applicable water quality, utility, and health standards. The owner must be in compliance
with the current edition of Mason County Public Health On-site Standards and Mason
County Board of Health On-site Sewage Regulations.
d. Materials used for components that may come in contact with water shall be made of
materials approved by applicable state agencies for use in water. Wood treated with
creosote, chromated copper arsenate, pentachlorophenol, or other similarly toxic
materials is prohibited for use in the Aquatic environment.Tires and tire by-products
shall not be used for construction where they would contact the water. Where
chemically-treated materials are the only feasible option, materials shall use the least
toxic alternative approved by applicable state agencies for use in water. Treated wood
elements shall incorporate design features to minimize abrasion by vessels, pilings, floats
or other objects.
e. Shoreline developments adjacent to areas suitable for aquaculture shall practice strict
pollution control procedures. As required by MCC 8.52.170.D.2, design and siting of all
new construction and major new development shall not adversely impact water quality.
17.50.115 ECONOMIC DEVELOPMENT
POLICIES
The County should:
1. Encourage economic growth through economic activities that benefit the local economy and
are environmentally sensitive. Such activities should not disrupt or degrade the shoreline or
surrounding environment.
2. Accommodate and promote, in priority order, water-dependent, water-related and water-
enjoyment economic development, and non-water-oriented economic development that is
part of a mixed use project that includes water-dependent uses and provides a significant
public benefit such as providing public access or ecological restoration. Such development
should occur in those areas already partially developed with similar uses consistent with this
Program, areas already zoned for such uses consistent with the Mason County Comprehensive
Plan, or areas appropriate for water-oriented uses and development.
3. Encourage water-oriented recreational use as an economic asset that will enhance public
enjoyment of the shoreline.
4. Ensure that water-oriented economic development is carried out in such a way that it has
minimal adverse effects and that unavoidable adverse impacts are mitigated to achieve no net
loss of shoreline ecological functions.
SHORELINE MASTER PROGRAM December 20, 2021 Page 48
17.50.120 EXISTING STRUCTURES, USES AND LOTS
REGULATIONS
This section addresses existing structures, uses, and lots that were lawfully constructed or established prior
to the effective date of this Master Program, but that do not meet this Program's standards.
1. Existing Structures
a. Existing legally constructed structures [and floating homes and floating on water
residences] that do not conform to the Program's requirements, including those
approved through a Variance, shall be considered 'legal non-conforming'.
b. Legal non-conforming structures, may continue and may be maintained, repaired, and
replaced within their footprints in accordance with the Act,this Program and other
applicable regulations. Applications for replacements for legal non-conforming structures
shall be submitted within five (5)years of the date of damage.
C. Renovating existing public structures for compliance with applicable accessibility
regulations shall not trigger a CUP or Variance, provided that impacts to ecological
functions are mitigated.
d. Except for overwater structures, legal non-conforming residences may be expanded by
addition of space above the existing building footprint up to authorized heights without a
Variance. Upward expansions shall minimize impacts to existing views of the water to the
greatest extent practical. For the purposes of this subsection,footprint does not include
covered decks on waterward side of residence, uncovered decks, boat houses, sheds or
other appurtenances.
e. Lateral expansion of structures into areas prohibited by current bulk, dimensional or
performance standards shall require a Variance, with the following exception:
For the replacement of legal, non-conforming factory built homes, a greater building
footprint than existed prior to replacement may be allowed in order to accommodate the
replacement of a factory built home that is less than 1,000 square feet with another
factory built home that does not have the same size and shape. A proposed increase less
than 25%of the existing home's footprint shall not require a Variance. Applications for
such replacements shall include a Habitat Management Plan that identifies measures to
protect habitat and mitigates for unavoidable impacts. The replacement home may be no
closer to the shoreline than the existing residence.
f. A legal, non-conforming structure or structural footprint that is moved any distance on
the subject parcel or changed in shape shall increase its conformity with the Program and
with property line setback requirements (per the Development Regulations)to the
maximum extent practicable provided:
i. It does not increase any intrusion to any critical area buffer or setback and
provided its conformity with property line setback requirements (per the
Development Regulations) is increased to the maximum extent practicable;
ii. Unless recommended otherwise by a fish and wildlife habitat professional or a by
the author of a Geotechnical Report, any remaining structural components (such as
a foundation) shall be removed from the abandoned footprint. A Habitat
Management Plan or Common Line Mitigation Plan when allowed per MCC
17.50.120.1.f.iv. shall be submitted that includes enhancement of the abandoned
SHORELINE MASTER PROGRAM December 20, 2021 Page 49
footprint with riparian vegetation (upland of the OHWM only) as well as mitigation
for the new footprint;
iii. For overwater construction such as docks, a footprint may not be moved to a
location where there is documented submerged aquatic vegetation and forage fish
spawning areas.
iv. Movement of the existing footprint landward will require a Common Line
Mitigation Plan (CLMP)to be prepared and submitted to the County, as outlined in
Appendix B of the Mason County Resource Ordinance Title 8.52.
2. Existing Uses
a. Existing, legally established uses that do not conform to the Program's requirements,
including existing non-water-oriented commercial uses with waterfront or any non-water
oriented industrial uses, shall be considered 'legal non-conforming'.
b. Legal, non-conforming uses may continue and may be maintained or replaced per the
provisions of this Program.
C. Replacing one non-conforming use with another non-conforming use does not require a
Conditional Use Permit, unless there is an increase in the total area occupied by the non-
conforming use (including parking and storage), and provided that:
i. The proposed use will be as consistent with the policies and provisions of this
Program and as compatible with uses in the area as the preexisting use; and
ii. Conditions may be attached to permits required by other chapters of this Program
or required by Mason County Code (such as Change in Use or Tenant) that the
County deems necessary to assure compliance with the requirements of this
Program and to assure that the use will not become a nuisance or hazard, and to
assure the use will not result in a net loss of shoreline ecological functions.
d. If a legal, non-conforming use is discontinued (ceases to operate, use, or produce) for
more than thirty-six 36 months, any subsequent use, if allowed, shall comply with the Act
and this Program.
3. Development on Legal Lots of Record
Any legal lot of record, regardless of size, has the potential to be developed provided that it
can meet all requirements of the Program, Mason County, State and Federal Regulations or
obtain a Variance.
17.50.125 FLOOD HAZARD REDUCTION
POLICIES
1. This program seeks to limit new development in flood-prone areas while recognizing private
property rights.
2. Development in floodplains should not significantly or cumulatively increase flood hazard or
be inconsistent with an adopted Comprehensive Flood Hazard Management Plan.
SHORELINE MASTER PROGRAM December 20, 2021 Page 50
3. Development should be designed and located to preclude the need for flood control
structures. New or expanded development or uses in the shoreline, including subdivision of
land,that would likely require flood control structures within a stream, channel migration
zone, or floodway should be prohibited.
4. Development should be discouraged in the channel migration zone areas and existing hazards
or problem areas that would result in interference with the process of channel migration
which may cause significant adverse impacts to property or public improvements and/or result
in a net loss of ecological functions associated with the rivers and streams.
5. The County should ensure mutual consistency between shoreline management provisions and
the flood damage prevention ordinance.
17.50.130 PORT DISTRICTS
POLICIES
1. Mason County recognizes the importance of Port Districts in providing jobs, supporting local
business, and facilitating economic stability.
2. Mason County should collaborate with Port Districts in development and implementation of
their comprehensive port district plans to support common goals and objectives.
3. Port District developments should be regulated according to the proposed use of the
shoreline. For example, if a port district proposed a marina development,the marina
regulations would apply. If a port district proposed a marine terminal, industrial and marine
terminal regulations would apply.
4. In the implementation of shoreline regulations,the County should recognize and seek to
further the goals of approved Port Districts' comprehensive plans.
17.50.135 PROPERTY RIGHTS
POLICIES
1. This program should regulate use and development of private property consistent with all
relevant legal limitations.
2. This Program should not unconstitutionally infringe on private property rights or result in an
unconstitutional taking of private property.
SHORELINE MASTER PROGRAM December 20, 2021 Page 51
17.50.140 PUBLIC ACCESS
A. POLICIES
1. This program is intended to preserve and enhance the public's opportunity to enjoy the
physical and aesthetic qualities of County shorelines.
2. Increasing all types of public access is a priority for the County. Strategic efforts to find and
fund new shoreline public access are encouraged to meet increasing demands.The County
should cooperate with appropriate local, state,tribal and non-governmental organizations to
preserve and enhance lands that provide physical access to public waters for public use.
3. Public entities are encouraged to provide public access as part of each development project,
unless access would be incompatible with this Program because of safety, security, or adverse
impacts to shoreline functions.
4. Private entities should provide public access when the development would either generate a
demand for public access, or would impair existing legal access opportunities or rights.
5. Public access requirements on privately owned lands should be commensurate with the scale
and character of the development and should be reasonable, effective and fair to all affected
parties including the landowner and the public.
B. REGULATIONS
1. Public access shall be required to the extent allowed by law in the review of Shoreline
Substantial Development or Conditional Use Permits in the following circumstances:
a. The use or development is a public project; or
b. The project is a non-residential, water-enjoyment or non-water-oriented use or
development; or
c. The project is a private water-dependent or water-related use or development and one of
the following conditions exists:
i. The project increases or creates demand for public access;
ii. The project impacts or interferes with existing access by blocking access or
discouraging use of existing access;
iii. The project impacts or interferes with public use of waters subject to the Public
Trust Doctrine.
d. The County bears the burden of demonstrating that a proposed use or development
meets any of the preceding conditions.
2. Public access to the shoreline shall not be required of the following:
a. Activities qualifying for a shoreline permit exemption; or
b. New single family residential development.
3. The County may approve alternatives to on-site, physical access to the shoreline if the
applicant can demonstrate with substantial and credible evidence that one or more of the
following conditions exist:
SHORELINE MASTER PROGRAM December 20, 2021 Page 52
a. Unavoidable health or safety hazards to the public exist which cannot be prevented by
any reasonable means;
b. Inherent security requirements of the use cannot be satisfied through the application of
alternative design features or other solutions;
c. The cost of providing the access, easement, or an alternative amenity, is unreasonably
disproportionate to the total long term cost of the proposed development;
d. Environmental impacts that cannot be mitigated, such as damage to spawning areas or
nesting areas, would result from the public access; or
e. Significant undue and unavoidable conflict between any access provisions and the
proposed use and/or adjacent uses would occur and cannot be mitigated.
4. To be exempt from the public access requirements above,the project proponent must
demonstrate that all feasible alternatives have been considered, including, but not necessarily
limited to:
a. Regulating access through means such as maintaining a gate and/or limiting hours of use;
and
b. Separating uses and activities (e.g.,fences, terracing, use of one-way glazing, hedges,
landscaping, etc.).
5. When physical public access is deemed to be infeasible, the proponent shall provide visual
access to the shore where site conditions make visual access possible.
6. Where commercial, industrial, multifamily and/or multi-lot developments are proposed in
locations that would interrupt existing shoreline views, primary structures shall provide for
reasonable view corridors.
7. Visual access shall not be provided by removing vegetation from required vegetative buffers.
8. Public access shall be located and designed to be compatible with the natural shoreline
character,to avoid adverse impacts to shoreline ecological functions, and to ensure public
safety.
9. When otherwise consistent with this Program, public access structures shall be allowed to
encroach into the shoreline buffer when necessary to provide physical and or visual access to
the water's edge.
10. Public shoreline access provided by public road ends, public road rights-of-way, public utilities
and rights-of-way shall not be diminished by the County, neighboring property owners, or
other citizens in accordance with RCW Chapter 36.87.130.
11. Public access sites shall be connected to the nearest public street and shall include
improvements that conform to the requirements of the Americans with Disabilities Act(ADA)
when feasible or required by law.
12. Opportunities for boat-in public access and access to remote shorelines not accessible by
automobile shall be provided where feasible and appropriate.
13. When required for public land, commercial, port or industrial use/development, public access
sites shall be available for public use prior to final occupancy of such use or development.
Maintenance of the public access facility over the life of the use or development shall be the
SHORELINE MASTER PROGRAM December 20, 2021 Page 53
responsibility of the owner unless otherwise accepted by a public or non-profit agency
through a formal agreement recorded with the County Auditor's Office.
14. Public access easements and permit conditions shall be recorded on the deed of title and/or
the face of a short or long plat. Recordation shall occur at the time of final plat approval or
prior to final occupancy.
15. The location of new public access sites shall be clearly identified. Signs shall be installed and
maintained by the project proponent in conspicuous locations. The signs shall indicate the
public's right of access, hours of access, and other information as needed to control or limit
access according to conditions of approval.
16. Existing,formal public access shall not be eliminated unless the applicant shows there is no
feasible alternative and replaces the public access with access of comparable functions and
value at another location.
17. Requirements or conditions for public access shall be consistent with all relevant
constitutional and other legal limitations on regulation of private property.
17.50.145 VIEWS AND AESTHETICS
POLICIES
1. This program seeks to minimize obstructions of the public's visual access to the water and
shoreline from new shoreline developments while recognizing private property rights.
2. Shoreline use and development should not significantly detract from shoreline scenic and
aesthetic qualities (as seen from land or from water)that are derived from natural or cultural
features, such as estuaries, bluffs, beaches,vegetative cover and historic sites/structures.
3. Clearing, thinning, and/or limbing for limited view corridors should only be allowed where it
does not adversely impact ecological, aesthetic values or slope stability.
4. Vegetation conservation should be preferred over the creation or maintenance of views from
property on the shoreline to protect shoreline ecological functions and aesthetics.
5. The County should achieve aesthetic objectives by implementing regulations and criteria for
site planning, maximum height, setbacks, siting of buildings and accessories, screening,
vegetation conservation, architectural standards, sign control regulations, appropriate
development siting and maintenance of natural vegetative buffers.
6. Where there is an irreconcilable conflict between water-dependent shoreline uses or physical
public access and maintenance of views from adjacent properties,the water-dependent uses
and physical public access shall have priority, unless there is a compelling reason to the
contrary.
SHORELINE MASTER PROGRAM December 20, 2021 Page 54
17.50.200 USE Policies and Regulations
17.50.205 AGRICULTURE
A. AGRICULTURE POLICIES
1. Soils that are well suited for agriculture, resource protection and open space should be
protected from non-agricultural uses.
2. This master program shall not require modification of or limit existing and ongoing agricultural
practices located on agricultural lands. The policies and regulations in this master program
only apply to new and expanded agricultural activities on land not meeting the definition of
agricultural land, conversion of agricultural lands to other uses, and other development on
agricultural land that does not meet the definition of agricultural activities.
3. New and expanded agricultural uses and development should be located and designed to
assure no net loss of ecological functions and should avoid adverse impacts to shoreline
resources.
4. Agricultural uses and developments should follow best management practices to prevent
erosion, runoff, and associated water quality impacts.
5. Animal keeping areas should, when possible, be located outside the shoreline management
area jurisdiction. When located in shoreline jurisdiction,they should be separated from water
bodies by vegetated buffer strips.
6. Proper pasture maintenance and manure management practices should be employed to
preclude contamination of surface water with livestock waste,to prevent the transmission of
waterborne diseases to both human and livestock populations, and to preserve pasture
vegetative cover and soil absorptive capacity.
7. Pasture siting practices that prevent contamination of watercourses and the destruction and
erosion of vegetation and soil should be encouraged.
8. Buffer zones of permanent vegetation should be encouraged between pastures and tilled
areas and associated water bodies to retard surface runoff, reduce siltation, and promote
quality habitats for fish and wildlife.
9. Livestock waste should be disposed of in a manner that will prevent surface or ground water
contamination.
10. Feedlots should be restricted from locating in shoreline jurisdiction unless the applicant can
satisfactorily demonstrate that they will cause no significant adverse environmental impacts.
11. Maintaining vegetative cover in areas subject to flooding should be encouraged.
B. AGRICULTURE REGULATIONS
1. In accordance with RCW 90.58.065, this Program shall not require modification of or limit
existing or ongoing agricultural activities occurring on agricultural lands.The regulations in this
master program apply only to:
SHORELINE MASTER PROGRAM December 20, 2021 Page 55
a. New agricultural activities on land not meeting the definition of agricultural land;
b. Conversion of agricultural lands to other uses; and
c. Other development on agricultural land that does not meet the definition of agricultural
activities.
2. New agricultural uses and developments shall conform to the requirements of this Program,
consistent with the General Regulations.
3. The use of tanks and troughs for animal watering is encouraged; allowing animals direct,
unrestricted access to surface water is not permitted. If stream crossings are necessary,
bridges, culverts, or ramps shall be used to enable animal crossing without damaging the
streambed or banks.
4. Surface water drainage and runoff shall be diverted away from animal confinement and waste
storage sites.
5. Animal confinement areas shall be graded to slope away from surface water.
6. Gutters and downspouts shall be installed on roofs to prevent excess water from entering
animal confinement areas. The roof water shall be managed consistent with Mason County's
current stormwater standards.
7. Confinement areas shall be located away from streams, wetlands, and other waterbodies in
shoreline jurisdiction. A fenced buffer of permanent native vegetation consistent with MCC
17.50.110 shall be maintained between confinement areas and water bodies.
8. Waste storage sites with the exception of manure lagoons shall be covered and contained
with impermeable material. Waste storage sites shall be located outside of the floodway and
should be located outside the 100-year floodplain, where feasible. Manure lagoons shall be
set back 200 feet from all surface water and diked to withstand the 100-year base flood with
three feet of overboard.
9. Tillage patterns which allow runoff directly into adjacent waters shall not be allowed. A buffer
of permanent vegetation consistent with MCC 17.50.110 shall be maintained between tilled
areas and water bodies to retard surface runoff.
10. Feedlots are prohibited in Commercial, Residential, Conservancy, Natural and Aquatic
environments. They may be considered as a Conditional Use in Rural shoreline environments,
provided they are be set back a minimum of 200 feet from the ordinary high water mark and
are not located within a channel migration zone.
11. Upland finfish rearing facilities are prohibited in Commercial, Residential, Natural and Aquatic
environments. They may be considered as a Conditional Use in Rural and Conservancy
shoreline environments provided that non-water dependent components of the facility are set
back from the ordinary high water mark consistent with General regulations.
12. Erosion control measures should conform to guidelines and standards established by the
Natural Resource Conservation Service or other approved best management practices.
13. Pesticides shall be used, handled, and disposed of in accordance with provisions of the
Washington State Pesticides Application Act (RCW 17.21) and the Washington State Pesticide
Act (RCW 15.578)to prevent contamination and sanitation problems.
SHORELINE MASTER PROGRAM December 20, 2021 Page 56
14. New agricultural uses and development in support of agricultural uses should be located and
designed to avoid, minimize, and mitigate impacts to existing public access to or enjoyment of
adjacent shoreline areas.
15. Soil amendments derived from biosolids are discouraged in shoreline jurisdiction.
17.50.210 AQUACULTURE
A. AQUACULTURE POLICIES
1. Aquaculture is of statewide interest.Aquaculture is dependent on the use of the water area
and, when consistent with control of pollution and prevention of damage to the environment,
is a preferred use of the water area. Properly managed, it can result in long-term over short-
term benefit and can protect the resources and ecology of the shoreline.
2. Potential locations for aquaculture practices are relatively restricted due to specific
biophysical requirements such as water quality,temperature, substrate, dissolved oxygen, and
salinity. Priority should be given to aquaculture uses in areas having a high potential for such
uses.
3. The County should strengthen and diversify the local economy by encouraging aquaculture
uses. Aquaculture operations should be protected against encroachment from incompatible,
competing uses.
4. Flexibility to experiment with new aquaculture techniques should be allowed.
5. The County should minimize redundancy of aquaculture permit application requirements
required by this Program and other County, State and Federal standards.
6. The County should support community restoration projects associated with aquaculture when
they are consistent with this Program.
7. Shoreline and upland development in productive aquaculture areas or those areas with a high
potential for aquaculture uses should be reviewed for detrimental impacts on aquaculture.
8. Maximum effort to protect water quality should be made in areas with high potential for
aquaculture and current aquaculture areas that have been identified as sensitive areas.
9. The County should consider local ecological conditions and provide limits and conditions to
assure appropriate compatible types of aquaculture for the local conditions as necessary to
assure no net loss of ecological functions. Aquaculture should not be permitted in areas
where it would result in a net loss of ecological functions or adversely impact eelgrass and
macro-algae. Aquacultural facilities should be designed and located so as not to spread
disease to native aquatic life, or establish new nonnative species which cause significant
ecological impacts. Unavoidable impacts to ecological functions shall be mitigated.
10. Recognition should be given to the possible impacts that aquacultural activities might have on
the aesthetic quality of the shoreline area.
11. Structures or activities associated with aquaculture should be located landward of shoreline
buffers unless clearly shoreline dependent.
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12. Aquacultural activities should be operated in a manner that allows navigational access to
shoreline owners and commercial traffic.
13. Floating aquaculture should be reviewed for conflicts with other water dependent uses in
areas that are utilized for moorage, recreational boating, sport fishing, commercial fishing or
commercial navigation. Such surface installation shall incorporate features to reduce use
conflicts.
B. AQUACULTURE REGULATIONS
1. General Aquaculture Regulations.
a. Shoreline developments adjacent to areas suitable for aquaculture shall practice strict
pollution control procedures. As required by MCC 8.52.170(G), design and siting of all
new construction and major new development shall not adversely impact water quality.
b. Proposed residential subdivisions and other land uses and developments which may
impact aquaculture operations shall provide facilities to prevent any adverse water
quality impacts to such operations. As required by MCC 8.52.170(G), all projects shall
meet or exceed any storm water design requirements to avoid any risk of decertification
of shellfish beds.
c. Site preparation and construction in the vicinity of aquaculture operations shall not result
in off-site erosion, siltation, or other reductions in water quality. Land uses on erosion
hazard areas shall meet the requirements of MCC 8.52.160.
d. Existing aquaculture activities include areas that are actively cultivated and/or dormant.
It is presumed that the following areas are dormant and hence existing: areas acquired
under the Bush act of 1895; areas undergoing crop rotation; and areas dormant due to
market conditions, seed or juvenile availability, past and current pest infestations or
control issues, water quality issues, and other cultivation factors beyond the control of
the operator. A presumptively dormant area may, on a case-by-case basis as determined
by the Administrator, be deemed abandoned provided clear and affirmative information
evidencing intent to abandon the area for shellfish farming is provided. Existing or
permitted aquaculture operations are not subject to Section 17.50.120, Existing
Structures and Uses, and shall not be considered nonconforming or abandoned. Ongoing
maintenance, harvest, replanting, restocking or changing the culture technique or species
cultivated for any existing or permitted aquaculture activity shall not require shoreline
review or a new permit, unless or until:
i. the operation changes the scope and intent of the original permit as defined in
17.50.400; or
ii. The facility proposes to cultivate non-native species not previously cultivated in the
state of Washington.
e. Consistent with mitigation sequencing, aquacultural uses and developments may be
required to provide mitigation where necessary to offset significant adverse impacts to
normal public use of surface waters.
f. Aquaculture development shall not cause extensive erosion or accretion along adjacent
shorelines.
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g. Aquaculture structures and activities that are not shoreline dependent or do not have a
functional relationship to the water shall be located landward of shoreline buffers
required by this Program to minimize the detrimental impact to the shoreline.
h. Proposed aquaculture processing plants shall provide adequate buffers to screen
potential impacts of operations (e.g.,visual, odor, and noise impacts)from adjacent
residential uses.
i. Aquaculture activities shall,to the greatest extent feasible with regard to the economic
viability of the operation and protection of the environment be located, designed and
operated so that native plant and animal populations,their respective habitats and the
local ecological balance are maintained.
i. New or expanded aquaculture shall be located, designed and maintained to assure
no net loss of ecological functions, as demonstrated in a Habitat Management Plan
or equivalent report (e.g. Biological Assessment or Biological Evaluation).
ii. Aquaculture use and development shall minimize shading and other adverse
impacts to macro-algae and eelgrass beds. If eelgrass or macro-algae is known or
suspected, an aquatic vegetation survey is required. Unavoidable impacts shall be
addressed in a Habitat Management Plan or equivalent report (e.g. Biological
Assessment or Biological Evaluation) that presents an acceptable mitigation plan.
NOTE: regulatory protections do not apply to eelgrass or macro-algae that colonize
a shellfish farm.
iii. Floating aquaculture uses and developments that require attaching structures to
the bed or bottomlands shall use anchors, such as helical anchors, or other
methods that minimize disturbance to substrate. Potential adverse impacts shall be
mitigated.
iv. Disease and pest control may be authorized, provided methods are allowed by
federal and state regulations and follow best management practices. To the
maximum extent practicable, aquaculture use and development shall employ the
least harmful best management practices to control birds and mammals.
j. To the maximum extent practicable,floating aquaculture structures shall not substantially
detract from the aesthetic qualities of the surrounding area, provided methods are
allowed by federal and state regulations and follow best management practices.
k. Aquacultural structures shall be placed in such a manner, and be suitably sized and
marked, so as to minimize interference with navigation.
I. Aquaculture development shall be designed and constructed with best management
practices to minimize visual impacts and shall be maintained in a neat and orderly
manner. Aquaculture facilities, except navigation aids, shall use colors and materials that
blend into the surrounding environment where practicable.
m. Proposed aquacultural developments shall make adequate provisions to control nuisance
factors such as excessive noise and odor and excessive lighting. Permits shall include
allowance for work at night or on weekends but may require limits and conditions to
reduce impacts, such as noise and lighting,to adjacent existing uses.
n. Aquacultural discards shall be disposed of in a manner that will not degrade associated
uplands, wetlands, shorelines, or aquatic environments. Discards shall not be disposed of
in a manner which results in offensive odors or increases the vector population. All
SHORELINE MASTER PROGRAM December 20, 2021 Page 59
waste-materials and discards shall be disposed of in strict compliance with all applicable
governmental waste disposal standards, including but not limited to the Federal Clean
Water Act, Section 401, and the Washington State Water Pollution Control Act(RCW
90.48).
o. Equipment, structures and materials shall not be abandoned in the shoreline or wetland
area.
p. Precautionary measures shall be taken to minimize the risk of oil or other toxic materials
from entering the water or shoreline area.
q. Gravel enhancement projects necessary to maintain existing shellfish beds are allowed.
New projects that are not maintenance of existing beds and involve greater than one-
thousand (1,000) cubic yards of material may be considered as a Conditional Use.
r. To minimize redundancy between federal, state and local aquaculture requirements,the
County should use permit applications that mirror federal or state permit applications,
and accept documentation that has been submitted to other permitting agencies
wherever possible.
s. A written statement of exemption is required for new aquaculture activities that do not
constitute substantial development or otherwise require a Shoreline Permit. A written
statement of exemption constitutes a valid authorization to conduct new or expanding
aquaculture activities. A written statement of exemption shall provide a summary of the
consistency of the aquaculture activities with this SMP and the Shoreline Management
Act.
2. Finfish Net Pen Regulations.
a. Because of persistent low dissolved oxygen conditions, finfish net pen facilities shall not
be located in the waters of Hood Canal, except for limited conservation needs targeting
the cultivation of wild stocks during a limited portion of their lifecycle to enhance
restoration of native stocks. Such activities may be considered as a conditional use, must
meet the criteria in Regulation 2(b)(i-iv), and must involve minimal supplemental feeding
and no use of chemicals or antibiotics.
b. Finfish net pens may be considered as a Conditional Use in waters outside Hood Canal,
and shall meet the following criteria in addition to other applicable regulations:
i. All in-water finfish aquaculture proposals shall include a site characterization
survey, baseline surveys, and monitoring as described in the Department of
Ecology Recommended Interim Guidelines for the Management of Salmon Net-pen
Culture in Puget Sound (1986), or subsequent documents approved by the State.
ii. Finfish net pens shall meet, at a minimum, State approved administrative
guidelines for the management of finfish net pen cultures. In the event there is a
conflict in requirements, the more restrictive requirement shall prevail.
iii. Finfish net pens shall not occupy more than 2 surface acres of water area,
excluding booming and anchoring requirements. Anchors that minimize
disturbance to substrate, such as helical anchors, shall be employed. Such
operations shall not use chemicals or antibiotics.
iv. Finfish aquaculture proposals that include net pens or rafts shall not be located
closer than 1 nautical mile to any other aquaculture facility that includes net pens
or rafts; provided that, a lesser distance may be authorized if the applicant can
SHORELINE MASTER PROGRAM December 20, 2021 Page 60
demonstrate that the proposal will be consistent with the environmental and
aesthetic policies and objectives of this Program. If a lesser distance is requested,
the burden of proof shall be on the applicant to demonstrate that the cumulative
impacts of existing and proposed operations would not be contrary to the policies
and regulations of this Program.
3. Commercial Geoduck Aquaculture.
a. In addition to the siting considerations in the General Aquaculture Regulations,
commercial geoduck aquaculture shall only be allowed where sediments,topography,
land and water access support geoduck aquaculture operations without significant
clearing or grading.
b. As determined by Attorney General Opinion 2007 No. 1, the planting, growing, and
harvesting of farm-raised geoduck clams requires a Substantial Development Permit if a
specific project or practice causes substantial interference with normal public use of the
surface waters, but not otherwise.
c. Conditional Use Permits are required for new commercial geoduck aquaculture.
Conversions from existing non-geoduck aquaculture to geoduck aquaculture within
existing farm boundaries do not require a Conditional Use Permit.
d. All subsequent cycles of planting and harvest shall not require a new Conditional Use
Permit.
e. Conditional Use Permits must take into account that commercial geoduck operators have
a right to harvest geoduck once planted.
f. A single Conditional Use Permit may be submitted for multiple sites within an inlet, bay or
other defined feature, provided the sites are all under control of the same applicant and
within County shoreline jurisdiction.
g. Unless already addressed in other applications, such as shoreline permit applications or
Habitat Management Plans or equivalent reports (e.g. Biological Assessment or Biological
Evaluation), applications for new commercial geoduck aquaculture shall contain:
i. A narrative description and timeline for all anticipated geoduck planting and
harvesting activities if not already contained in the federal or state permit
application or comparable information mentioned above.
ii. A baseline ecological survey of the proposed site to allow consideration of the
ecological effects if not already contained in the federal or state permit application
or comparable information mentioned above.
iii. Measures to achieve no net loss of ecological functions consistent with the
mitigation sequence described in 17.50.110.
iv. Management practices that address impacts from mooring, parking, noise, lights,
litter, and other activities associated with geoduck planting and harvesting
operations.
h. As required by Title 15 procedural regulations, Mason County will provide public notice to
all property owners within three hundred feet of the proposed project boundary. The
County will also provide notice to tribes with Usual and Accustomed fishing rights to the
area. The rights of treaty tribes to aquatic resources within their Usual and Accustomed
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areas shall be addressed through direct coordination between the applicant and the
affected tribe(s).
j. Conditional Use Permits shall include monitoring and reporting requirements necessary
to verify that geoduck aquaculture operations are in compliance with permit limits and
conditions set forth in Conditional Use Permits and to support cumulative impacts
analysis. The County shall consider the reporting and monitoring conditions of other
permitting agencies, if available, before adding additional conditions to a permit.
k. Conditional Use Permits shall be reviewed using the best scientific and technical
information available. This requirement may be met through review and approval of
Habitat Management Plans equivalent reports (e.g. Biological Assessment or Biological
Evaluation) prepared by a qualified fish and wildlife professional, or through use of
information provided under federal agency biological reviews conducted through the US
Army Corps of Engineers permitting process.
I. Applicants shall apply best management practices to accomplish the intent of permit
limits and conditions.
m. To avoid or limit impacts from geoduck aquaculture siting and operations and achieve no
net loss of ecological functions, permits shall consider the following and place conditions
where applicable and not redundant with other permit agency conditions:
i. The practice of placing nursery tanks or holding pools or other impervious
materials directly on the intertidal sediments.
ii. Use of motorized vehicles,such as trucks,tractors and forklifts below the ordinary
high water mark.
iii. Specific periods when limits on activities are necessary to protect priority habitats
and associated species. The need for such measures should be identified in the
baseline ecological survey conducted for the site.
iv. Alterations to the natural condition of the site, including significant removal of
vegetation or rocks and regrading of the natural slope and sediments.
V. Installation of property corner markers that are visible at low tide during planting
and harvesting.
vi. Mitigation measures such as buffers between commercial geoduck aquaculture
and other fish and wildlife habitat conservation areas as necessary to ensure no net
loss of ecological functions.
vii. Use of predator exclusion devices with minimal adverse ecological effects and
requiring that they be removed as soon as they are no longer needed for predator
exclusion.
viii. Use of the best available methods to minimize turbid runoff from the water jets
used to harvest geoducks.
ix. Number of barges or vessels that can be moored or beached at the site as well as
duration limits.
X. Public rights to navigation over the surface of the water.
xi. Good housekeeping practices at geoduck aquaculture sites, including worker
training and regular removal of equipment,tools, extra materials, and all wastes.
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xii. Where the site contains existing public access to publicly owned lands, consider
recommendations from the Washington Department of Natural Resources or other
landowning agencies regarding protection of the existing public access.
17.50.215 COMMERCIAL
A. COMMERCIAL POLICIES
1. Commercial development on shorelines should be encouraged to provide physical and/or
visual access to the shoreline, and other opportunities for the public to enjoy the shoreline.
Commercial uses located in the shoreline should provide public access in accordance with
constitutional or other legal limitations unless such improvements are demonstrated to be
infeasible or present hazards to life and property
2. Multiple use concepts, which include open space and recreation, should be encouraged in
commercial developments.
3. Commercial development should be aesthetically compatible with the surrounding area.
Structures should not significantly impact views from upland properties, public roadways or
from the water.
4. The location of commercial developments along shorelines should ensure the protection of
natural areas or systems identified as having geological, ecological, biological, or cultural
significance. Commercial Developments should be located, designed and operated to avoid
and minimize adverse impacts on shoreline ecological functions and processes.
5. Commercial developments should be encouraged to be located landward of shoreline buffers
unless they are dependent on a shoreline location. Commercial developments should be
discouraged over-water or in wetlands and floodplains.
6. New commercial development in shorelines should be encouraged to locate in those areas
with existing commercial development that will minimize sprawl and the inefficient use of
shoreline areas.
7. Preference should be given to water-dependent commercial uses over non-water-dependent
commercial uses; and second, preference shall be given to water-related and water-
enjoyment commercial uses over non-water-oriented commercial uses.
8. In areas designated for commercial use, new non-water oriented commercial development
should be prohibited on shorelines except when:
a. It is physically separated from the shoreline by another property or public right-of-way; or
b. Navigability is severely limited at the proposed site and the commercial use provides a
significant public benefit with respect to the Shoreline Management Act's objectives such
as providing public access and ecological restoration; or
c. The use is part of a mixed use project that includes, and is subordinate to,water-
dependent uses and provides a significant public benefit with respect to the Shoreline
Management Act's objectives such as providing public access and ecological restoration.
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9. Restoration of impaired shoreline ecological functions and processes should be encouraged as
part of commercial development.
10. Parking facilities should be placed inland, outside of the shoreline jurisdiction, if possible.
11. Commercial development should be designed and located to minimize impacts of noise and/or
light generated by the development upon adjacent properties. Commercial developments
that generate significant noise impacts should be discouraged.
B. COMMERCIAL REGULATIONS
1. The County shall utilize the following information in its review of commercial development
proposals:
a. Nature of the activity;
b. Need for shore frontage;
c. Special considerations for enhancing the relationship of the activity to the shoreline;
d. Provisions for public visual or physical access to the shoreline;
e. Provisions to ensure that the development will not cause severe adverse environmental
impacts;
f. Provisions to mitigate any significant noise impacts;
g. Provisions to mitigate light or glare impacts;
h. A description of mitigation measures proposed to ensure that the development will
protect existing shoreline ecological functions and mitigate unavoidable impacts.
2. Commercial development may be permitted on the shoreline in the following descending
order of priority:water dependent, water related, and water enjoyment.
Low-intensity,water-oriented commercial and industrial uses may be permitted in the limited
instances where those uses have located in the past or at unique sites in rural communities
that possess shoreline conditions and services to support the use.
3. In areas designated for commercial use, new non-water oriented commercial uses and
development may only be allowed when:
a. The site is physically separated from the shoreline by another property or public right-of-
way; or
b. Navigability is severely limited at the proposed site and the commercial use provides a
significant public benefit with respect to the Shoreline Management Act's objectives such
as providing public access or ecological restoration; or
c. The use is part of a mixed use project that includes, and is subordinate to, water-
dependent uses, and it provides a significant public benefit with respect to the Shoreline
Management Act's objectives such as providing public access or ecological restoration.
A use is subordinate if:
i. It is located landward of a principal water dependent use; and
ii. It occupies a surface area of a lot, or of multiple lots developed as a unit, smaller
than the water dependent component. The area of the water dependent
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component includes structures occupied by water dependent uses(including
overwater structures).
4. Replacing one non-water oriented use with another non-water oriented use does not require
a Conditional Use Permit, unless there is an increase in the total area occupied by the non-
water oriented use (including parking and storage).
5. Parking and Loading Areas.
a. Parking and loading areas shall be located outside the shoreline jurisdiction, if practicable.
b. Perimeters of parking areas shall be landscaped to minimize visual impacts to the
shorelines, roadways and adjacent properties subject to approval by Public Works and/or
Department of Transportation.
c. Permit application shall identify the size, general type and location of landscaping.
d. Design of parking and loading areas shall ensure that surface runoff does not pollute
adjacent waters or cause soil or beach erosion. Design shall provide for storm water
retention.
e. Parking plans shall be reviewed by Mason County Department of Public Works for
compliance with all applicable County Ordinances.
6. Those portions of a commercial development which are not water dependent are prohibited
over the water, except in existing structures or in the limited instances where they are
auxiliary to and necessary in support of water-dependent uses.
7. Water supply and waste facilities shall comply with the strictest established guidelines,
standards and regulations.
8. New commercial developments shall be located adjacent to existing commercial
developments whenever possible.
9. New or expanded structures shall not extend more than 35 feet in height above average grade
level.
10. Commercial developments adjacent to aquaculture operations or shellfish beds shall practice
strict pollution control procedures.
11. Commercial developments shall be located and designed to minimize noise impacts on
adjacent properties.
17.50.220 FOREST PRACTICES
A. FOREST PRACTICES POLICIES
1. The County should rely on the Forest Practices Act and its implementing rules as adequate
management of commercial forest uses within shoreline jurisdiction, except for forest
conversion activities.
2. Conversion of forest lands should comply with requirements for the subsequent non-forestry
use as required in the Master Program.
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3. Forest practices should comply with the Act's provisions on shorelines of statewide
significance.
4. When practical,forest management road systems will be designed outside the shoreline area.
B. FOREST PRACTICE REGULATIONS
1. Cutting practices on shorelines of statewide significance shall be governed by the Act (RCW
90.58.150). Only selective commercial timber cutting may be allowed, so that no more than
thirty percent of the merchantable trees may be harvested in any ten year period of time:
provided that other timber harvesting methods may be permitted in those limited instances
where the topography, soil conditions or silviculture practices necessary for regeneration
render selective logging ecologically detrimental provided further,that clear cutting of timber
which is solely incidental to the preparation of land for other uses authorized by this chapter
may be permitted. Exceptions to this standard shall be by Conditional Use Permit.
2. Herbicides, insecticides, or other forest chemical applications are to be used in accordance
with the Washington Pesticide Application Act (RCW 17.21) and the Washington Pesticide Act
(RCW 15.47) and are not regulated by this program.
3. Forest practices are prohibited in Commercial and Aquatic Environments.
4. Timber harvesting and forest practices shall be conducted in accordance with the Washington
State Forest Practices Act (RCW 76.09 as amended), and any implementing regulations (WAC
222 as amended) and are not regulated by this Program except as expressly provided herein.
5. Conversion of forest land to non-forestry uses (Class IV General Forest Practices Permit) shall
be reviewed in accordance with the provisions for the proposed non-forestry use and general
regulations and shall be subject to any permit requirements associated with the non-forestry
use.
17.50.225 INDUSTRIAL AND MARINE TERMINALS
A. INDUSTRIAL AND MARINE TERMINAL POLICIES
1. Water-dependent industrial uses and marine terminals which require frontage on navigable
water should be given priority over non-water-dependent industrial uses; second preference
should be given to water-related industrial uses over non-water-oriented industrial uses.
2. New non-water-oriented industrial and marine terminal uses and development should be
prohibited on shorelines except when:
a. It is physically separated from the shoreline by another property or public right of way;
or:
b. Navigability is severely limited at the proposed site and the industrial use provides a
significant public benefit with respect to the Shoreline Management Act's objectives; or
c. The use is part of a mixed-use project that includes, and is subordinate to, water-
dependent uses and provides a significant public benefit with respect to the Shoreline
Management Act's objectives.
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3. Industrial and marine terminal development should be located, designed, and constructed in a
manner that assures no net loss of shoreline ecological functions and such that it does not
have significant adverse impacts to other shoreline resources and values.
4. Industrial and marine terminal development should be visually compatible with adjacent
properties.
B. INDUSTRIAL AND MARINE TERMINAL REGULATIONS
1. New water-dependent and water related industrial and marine terminal developments are
prohibited in Natural environments. New low-intensity water-dependent and water related
industrial and marine terminal development are permitted in Commercial environments and
may be considered as a Conditional Use in Residential, Rural, Conservancy, and Aquatic
environments, provided they are allowed in the underlying zone.
2. New non-water-oriented industrial uses and developments are generally prohibited in all
environments but may be considered as a Conditional Use, provided the use and development
is authorized in the underlying zone and:
a. The site is physically separated from the shoreline by another property or public right of
way; or
b. Navigability is severely limited at the proposed site, and the industrial use or
development provides a significant public benefit with respect to the Shoreline
Management Act's objectives such as providing public access or ecological restoration; or
c. The use is part of a mixed-use project that includes, and is subordinate to, an associated
water-dependent use, and it provides a significant public benefit with respect to the
Shoreline Management Act's objectives such as providing public access or ecological
restoration.
A use is subordinate if:
i. It is located landward of a principal water dependent use; and
ii. It occupies a surface area of a lot (or multiple lots developed as a unit) smaller than
the water dependent component. The area of the water dependent component
includes structures occupied by water dependent uses (including overwater
structures).
3. Replacing one non-water oriented use with another non-water oriented use does not require
a Conditional Use Permit, unless the total area occupied by the non-water oriented use
(including parking and storage) increases.
4. Industrial and marine terminal development shall be located, designed, constructed and
operated to avoid and minimize impacts to ecological functions and mitigate for unavoidable
impacts consistent with the General Regulations. Water-dependent structures may be
allowed within required buffers to the minimum extent necessary to support the water
dependent use, provided adequate mitigation is provided.
5. Industrial facilities and marine terminals shall be located, designed, constructed, and operated
so as to avoid interference with the rights of adjacent property owners (e.g. noise, glare, etc.),
and to minimize interference with normal public use of the adjacent shoreline.
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6. Industrial facilities and marine terminals shall provide public access to shoreline areas where
feasible, consistent with the General Regulations.
17.50.230 IN-STREAM STRUCTURES
A. IN-STREAM STRUCTURE POLICIES
1. Large-scale in-stream structures such as hydroelectric dams and related facilities are
discouraged in Mason County. Such facilities should not be permitted except in the rare
instance where there is clear evidence that the benefits to County residents outweigh any
potential adverse ecological impacts.
2. In-stream structures should be approved only when associated with and necessary for an
ecological restoration project, a fish passage project,temporary research, or an allowed
shoreline use/development such as a utility or industrial facility.
3. When necessary, in-stream structures should be located, designed, operated and maintained
in a manner that minimizes adverse effects on the stream functions and processes.
4. Proposals for new in-stream structures should be evaluated for their potential adverse effects
on the physical, hydrological, and biological characteristics as well as effects on species that
inhabit the stream or riparian area.
5. When necessary, in-stream structures should be planned and designed to be compatible with
navigation and recreation, especially in shorelines of statewide significance, provided that
public safety and ecological protection are fully addressed.
6. The County shall take appropriate measures and precautions to prevent the proliferation of
small-scale power generating apparatus as necessary to prevent cumulative adverse impacts.
B. IN-STREAM STRUCTURE REGULATIONS
1. Dams and associated power generating facilities shall not be permitted except in the rare
instance where there is clear evidence that the benefits to County residents outweigh any
potential adverse ecological impacts. The criteria for approving such facilities will depend on
the specific location including its particular physical, cultural, and ecological conditions. Prior
to approving or denying such facilities,the County shall consult citizens and appropriate
agencies to evaluate in-stream structure proposals.
2. In-stream structures whose primary purpose is flood control shall also be subject to Flood
Control regulations.
3. When permitted, in-stream structures and their support facilities shall be:
a. Constructed and maintained in a manner that does not degrade the quality of affected
waters or the habitat value associated with the in stream and riparian area; and
b. Located and designed based on reach analysis to avoid the need for structural shoreline
armoring.
4. All in-water diversion structures shall be designed to permit the natural transport of bedload
materials.
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5. All debris, overburden and other waste materials from construction shall be disposed of in
such a manner that prevents their entry into a water body.
6. When installing in-stream structures, natural in-stream and in-water features such as snags,
uprooted trees, or stumps should be left in place unless it can be demonstrated that they are a
threat to public safety.
7. In-stream structures shall not prevent upstream or downstream migration of anadromous fish.
8. Small-scale power generating micro-turbines may be placed in streams provided they do not
create impoundments and there are no adverse effects on shoreline functions and processes,
including but not limited to fish passage, stream flow, habitat structure, temperature, and/or
water quality.
9. The County shall require any proposed in-stream structure to be professionally engineered
and designed prior to final approval.
10. No in-stream structure shall be installed without the developer having obtained all applicable
federal, state, and local permits and approvals, including but not limited to a Hydraulic Project
Approval (HPA) from the State Department of Fish and Wildlife.
11. The County shall require the proponent of an in-stream structure proposal to provide the
following information prior to final approval unless the County determines that the issues are
adequately addressed via another regulatory review process:
a. A site suitability analysis that provides the rationale and justification for the proposed
structure. The analysis shall include a description and analysis of alternative sites, and a
thorough discussion of the environmental impacts of each.
b. A hydraulic analysis prepared by a licensed professional engineer that describes
anticipated effects of the project on stream hydraulics, including potential increases in
base flood elevation, changes in stream velocity, and the potential for redirection of the
normal flow of the affected stream.
c. A Habitat Management Plan prepared by a qualified professional biologist that describes
the anticipated effects of the project on fish and wildlife resources, provisions for
protecting in-stream resources during construction and operation, and measures to
compensate for impacts that cannot be avoided.
d. A description of sites proposed for the depositing of debris, overburden, and other waste
materials generated during construction.
e. For hydropower facilities,the proposed location and design of powerhouses, penstocks,
accessory structures and access and service roads.
f. Proposed provisions for accommodating public access to and along the affected
shoreline, as well as any proposed on-site recreational features.
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17.50.235 MARINAS
A. MARINA POLICIES
1. Marinas should be located only at sites with suitable environmental conditions, shoreline
configuration, access, and neighboring uses.
2. Where allowed, marinas should be located, designed, constructed and operated with
appropriate mitigation to avoid adverse effects on shoreline ecological functions.
3. Marinas should be designed and located to minimize obstruction of views and conflicts with
boaters and fishermen.
4. The type and design of marinas should be compatible with the shoreline area where they are
located. Consideration should be given to shoreline characteristics,tidal action, aesthetics,
and adjacent land and water uses.
5. Marinas should be constructed of materials that will not adversely affect water quality or
aquatic plants and animals.
6. Use of marinas and public launches are preferred rather than the development of individual
docks, piers, and boat launches for private, non-commercial pleasure craft.
7. Boathouses and covered moorages should be prohibited where incompatible with
environmental conditions.
8. Water-related and water enjoyment uses may be allowed as part of a mixed use development
on over-water structures where they are clearly auxiliary to and in support of water-
dependent uses.
9. New or expanded marinas should be permitted only when the applicant has demonstrated
that a specific need exists to support the intended water-dependent use.
10. Marinas and boat launching facilities should be located in areas where parking and access to
the facility can be accommodated without causing adverse impacts upon adjacent properties
or endanger public safety.
11. Proposals should be planned and developed where regional and local evidence of substantial
need exists.
12. Shallow water embankments should not be considered for overnight or long-term moorage
facilities.
13. New construction should be aesthetically compatible with the existing surroundings and not
degrade existing views.
14. In locating marinas, special plans should be made to protect the fish, shellfish, and other
biological resources that may be harmed by construction and operation of the facility.
15. Special attention should be given to the design and development of operational procedures
for fuel handling and storage in order to minimize accidental spillage and provide satisfactory
means for handling those spills that do occur.
16. Shoreline resources and water quality should be protected from overuse by boaters living on
vessels (live-a-boards).
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17. Vessels should be restricted from extended mooring on waters of the state unless
authorization is obtained from the DNR and impacts to navigation and public access are
mitigated.
B. MARINA REGULATIONS
1. Marinas that provide overnight or long-term moorage shall not be located or expanded in
areas that would result in a closure of commercial, recreational, or subsistence shellfish
harvest, per the National Shellfish Sanitation Program.
2. Marinas shall be compatible with the general aesthetic quality of the shoreline area where
they are located.
3. Marinas and their accessory facilities shall be located, designed, constructed and operated to
avoid, minimize, and mitigate for unavoidable adverse effects on fish, shellfish,wildlife and
other biological resources, water quality, and existing geo-hydraulic shoreline processes.
Proposals for marinas shall include a Habitat Management Plan that identifies measures to
protect habitats and mitigate for unavoidable impacts. Pier, ramp, and float construction and
design shall meet the non-residential dock regulations including avoiding impediments to
longshore sediment transport,work windows, etc.
4. Marinas shall be located, designed, constructed and operated so as to not substantially or
unnecessarily interfere with the rights of adjacent property owners, nor interfere with
adjacent water uses.
5. Parking and Loading Areas.
a. Parking and loading areas shall be located well away from the immediate waters' edge
and beaches, unless there is no other practical location for parking.
b. Perimeters of parking areas shall be landscaped to minimize visual impacts to the
shorelines, roadways and adjacent properties subject to approval by Public Works and/or
Department of Transportation. Permit application shall identify the size,general type and
location of landscaping.
C. Design of parking and loading areas shall ensure that surface runoff does not pollute
adjacent waters or cause soil or beach erosion. Design shall provide for storm water
retention, shall comply with the Mason County Parking Ordinance, and shall be reviewed
by Mason County Department of Public Works for compliance with all applicable County
Ordinances.
d. Creation of parking areas by filling beyond ordinary high water mark (OHWM) or in
wetlands is prohibited.
e. Provisions shall be made to facilitate the orderly circulation of vehicles and pedestrians in
the vicinity of the marina.
f. Provisions shall be made to facilitate the orderly launching, retrieval and storage of boats.
6. New marinas, or expansion of existing marinas which provide moorage for more than ten
boats, shall be required to be equipped with easily accessible vessel pump-out and shall
provide on-shore sewage and waste disposal facilities. Each marina shall permanently display
signs stating that sanitary discharge of wastes is prohibited. Deviation from pump-out
requirements on shall require a Variance.
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7. In sensitive areas, such as near certified shellfish growing areas and forage fish spawning
areas, the applicant shall be required to demonstrate that the maximum protection of shore
features,water quality and existing uses will be provided.
8. Adequate illumination shall be required. Illumination shall be designed and constructed to
minimize off-site light and glare.
9. Physical and/or visual public access opportunities shall be provided pursuant to the Program's
public access standards.
10. Rest room facilities shall be provided for public use.
11. Associated uses shall be limited to those found necessary to marina operation or which
provide visual or physical access to the shoreline to substantial numbers of the public.
Associated uses shall conform to the regulations for those uses.
12. Marinas shall project waterward the minimum distance necessary to provide service to
vessels, without creating a hazard to navigation.
13. Marina and launching facilities shall be located to minimize the need for initial and
maintenance dredging, filling, beach feeding and other channel maintenance activities.
14. Expansion of existing marinas shall be required to meet the standards set forth for new
development.
15. Covered moorage shall be designed and located in order to minimize adverse impacts caused
by lighting and view blockage. Boathouses and covered moorages should be prohibited where
incompatible with environmental conditions. Proposals for covered moorage and overwater
boat houses on marine shorelines and on lakes with species listed under the federal
Endangered Species Act as either proposed,threatened, or endangered shall include a Habitat
Management Plan that identifies measures to protect habitats and mitigate for unavoidable
impacts.
16. Boaters living on vessels are restricted to established marinas with facilities to address waste
handling and other sanitary services. Live-aboard vessels may occupy up to ten (10) percent
of the slips at a marina.
17. Proposals for new or expanded marina facilities shall include appropriate technical studies and
plans that are not already required via another regulatory review process and shall document
potential impacts and mitigating measures. Examples of studies and plans that may be
required include, but are not limited to:
a. A Maintenance Plan for maintaining pump-out and waste/sewage disposal facilities and
services.
b. A Spill Response Plan for oil and other spilled products. Compliance with federal or state
law may fulfill this requirement.
c. An Operational Plan that, at a minimum, describes procedures for fuel handling and
storage; measures, including signage, for informing marina users of applicable
regulations; measures for collecting garbage and recyclables; measures and equipment
for ensuring public safety.
d. A visual assessment of views from surrounding residential properties, public viewpoints,
and the view of the shoreline from the water surface.
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e. An assessment of existing water-dependent uses in the vicinity including but not limited
to navigation, fishing, and aquaculture operations.
17.50.240 MINING
A. MINING POLICIES
1. Recognizing that minerals, especially sand, gravel, and quarry rock are valuable resources yet
are relatively limited in quality and quantity, and that shorelines are also a valuable and
limited resource where mining has severe impacts if occurring within the shoreline area,
mining and accessory activities shall be conducted to the extent feasible in a manner
consistent with the shoreline resource. Therefore, mining activities shall not result in
permanent, significant damage to the shoreline environment. Provisions should also be made
to maintain areas of historic, tribal cultural, or educational significance on or adjacent to
mining sites, and mining in unique, natural, or fragile shoreline areas shall not be allowed.
Mining shall only be allowed where applicants can demonstrate proposed mining depends on
a shoreline location.
2. To the extent feasible, accessory equipment, and materials essential to mining operations in
shoreline areas shall be stored, sited, and operated as far landward from the ordinary high
water mark as possible.
3. Screening and buffering shall use topography and natural vegetation to the extent feasible and
shall be maintained in effective condition.
4. Mining shall not be allowed on marine beaches and lake shores.
5. All practical measures should be taken to protect water bodies from all sources of pollution,
including sedimentation and siltation, chemical and petrochemical use and spillage, and
storage or disposal of mining wastes and spoils. Maximum protection shall be provided for
anadromous fisheries' resources.
6. Mining activities should allow the natural shoreline systems to function with a minimum of
disruption during their operations and shall return the site to a naturally functioning, self-
sustaining state upon completion.
7. Mining operations should minimize adverse visual and noise impacts on surrounding shoreline
areas.
8. The on-site handling of materials (including screening,washing, crushing, sorting, loading,
stockpiling and storage operations) should be conducted as far landward as feasible from the
shoreline.
B. MINING REGULATIONS
1. Accessory Facilities. Accessory facilities essential to water-dependent mining operations may
be permitted provided that they adhere to all applicable Master Program policies and use
activity regulations. Docks,floats, and dolphins may be permitted accessories to mining uses
according to the following conditions.
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a. Length. Pier, float, or dock accessories to mining uses should not exceed 200 feet in total
length as measured from the ordinary high water mark to the furthest waterward
extension of the structure. Loading or accessory facilities or structures, including but not
limited to walkways, gangways, slips,troughs, anchor buoys and conveyors may extend
beyond this length.
b. Width. The width of the pier,float, or dock should not exceed a maximum of 30 feet.
C. Height.
i. The surface of the pier, float or dock should not exceed a maximum of 30 feet.
ii. Loading or accessory facilities or structures located on the dock should be no
higher than 50 feet above mean higher high tide.
d. Grating Requirements. See Boating Facilities general requirements.
2. Mining shall not be allowed except where demonstrated to be water-dependent. Mining
activities shall not be allowed when they will permanently impede, or retard the flow or the
direction of flow of any stream or river. Surface runoff from the site carrying excessive
sedimentation and siltation shall not be allowed to enter any shoreline waters.
3. Preference shall be given to mining proposals that result in the creation, restoration, or
enhancement of habitat for priority species.
4. Restoration of the site after completion of the mining activity shall be provided. Plans shall
detail reclamation of all disturbed areas to a biologically productive and sustainable condition,
and shall ensure compatibility between the project site and adjacent existing land, shoreline
and water uses.
The proposed subsequent use of mined property must be consistent with the provisions of the
shoreline designation in which the property is located. Reclamation of disturbed shoreline
areas shall provide appropriate ecological functions consistent with the surrounding ecological
processes_
5. Setbacks and Buffers. Mining operations (including accessory facilities) in shoreline areas shall
utilize screening and buffering to minimize visual and auditory impacts to the shoreline
environment.The screening and buffering shall be at sufficient height and width to be
effective and shall be in place before the mining activity begins. Operations shall incorporate
critical area buffers as documented in a Habitat Management Plan and shall follow mineral
resource lands standards contained in MCC 8.52.090.
6. Erosion Control. Mining operations shall employ measures to minimize surface runoff,
erosion, and sediment generation from entering shoreline waters. All preventive techniques
shall be maintained in good effective condition.
7. Rivers and Streams. Mining river bars may be considered as a Conditional Use provided that
no operations shall be allowed which permanently impede or retard the flow of any river or
stream or adversely affect the natural processes of gravel transportation for the river system
as a whole. Proposals for mining river bars shall demonstrate that operations avoid adverse
impacts to fish habitat and other ecological functions and provide adequate mitigation for any
unavoidable impacts.
8. Marine Beaches and Lake Shores. The mining of sand,gravel, cobbles, rock, or other native
substrate from any marine beaches or lake shores below the ordinary high water mark shall
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not be permitted. Routine aquacultural uses and maintenance are not considered mining
activities. Mining is prohibited on shorelands of Hood Canal.
9. Related Activities. The reduction,treatment, batching, or processing of the mined materials
for on-site manufacturing purposes shall adhere to the policies and regulations applicable to
ports and water-related industry.
10. Water Quality. Mining operations shall comply with all local, state, and federal water quality
standards and pollution control laws.
11. Standing Water. Mining operations shall be conducted so as not to result in open pits or
excavations being left which collect and hold stagnant,toxic, or noxious standing waters.
12. Interim Reclamation Measures. The amount of excavated area at any time shall be set by
permit condition: PROVIDED that no more than ten acres shall lie disturbed, unused, or
unreclaimed at any one time.
13. Reclamation. Mining in Washington is controlled by the Surface Mining Act of 1970 (RCW
78.44) and is administered by the State Department of Natural Resources. The provisions of
this legislation shall be followed in all cases. To ensure the future use and visibility of
shoreline areas after the completion of mining activities, the following provisions for land
reclamations and utilization shall be adhered to:
a. All reclamation shall be completed within two years after discontinuance of mining
operation. A reclamation plan shall be submitted as part of any shoreline permit
application.
b. All equipment, machinery, building, and structures shall be removed from the site upon
discontinuance or abandonment of mining operations.
C. Backfill material used in site reclamation shall be natural materials. Combustible,
flammable, noxious, toxic, or solid waste materials are not permitted as backfill or for on-
site disposal, and shall be removed and disposed of away from the shoreline area.
d. The site shall be rehabilitated so as to prevent future erosion and sedimentation.
Suitable drainage systems shall be installed and maintained if natural gradual drainage is
not possible. Topography of the site shall be restored to contour compatible with the
surrounding land and shoreline area.
e. All slopes and exposed areas shall be seeded or surfaced with soil from an approved
source to at least the depth necessary to support revegetation. Revegetation shall utilize
compatible native, self-sustaining trees, shrubs, legumes, or grass and shall be planted so
as to blend with the surrounding land and shoreline area.
f. No stagnant or standing water shall be allowed to collect and remain on the site except as
a transient part of a sedimentation collection and removal system specified in the
reclamation plan.
14. Permit Application. Applications for mining projects shall provide the following information
for permit review:
a. Description of the materials to be mined, quantity and quality by type,the total deposit,
lateral extent and depth, depth of overburden and amount of materials to be mined.
b. Description of mining technique and list of equipment to be utilized.
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c. Cross section plans which indicate present and proposed elevation and/or extraction
levels and show the maximum mining depth.
d. Site plans which show existing drainage patterns and all proposed alterations of
topography, proposed means of handling surface runoff, and preventive controls for
erosion and sedimentation.
e. A mining plan showing scheduling(seasonal, phasing and daily operations); storage,
usage and deposition of overburden, excavation material and tailings; location and
dimensions of stockpiling areas; screening, buffers and fencing; locations of building,
equipment, machinery, and structures.The plan shall include monitoring that ensures
extraction amounts and rates do not adversely affect ecological functions.
f. A reclamation plan.
g. A determination that the proposed operation depends on a waterfront location, and that
demand cannot reasonably be accommodated in operations outside shoreline
jurisdiction. Information required to meet this criteria shall evaluate geologic factors such
as the distribution and availability of mineral resources, as well as the need for such
mineral resources, economic, transportation, and land use factors.This showing may rely
on analysis or studies prepared for purposes of GMA designations, or be integrated with
relevant environmental review conducted under SEPA(RCW 43.21C).
h. Documentation through a Habitat Management Plan that the project will ensure that
ecological functions are protected and unavoidable impacts are mitigated during the
course of mining and after reclamation. Creation, restoration, or enhancement of habitat
for priority species and the future productivity of the site may be considered in
determining whether ecological functions are protected.
i. River bar mining proposals must demonstrate how removal of specified quantities of sand
and gravel or other materials at specific locations do not adversely affect the natural
processes of gravel transportation for the river system as a whole, upstream and
downstream of extraction sites. Mining extraction amounts, rates,timing, and locations
shall be based on a scientifically determined sediment budget adjusted periodically
according to data provided by a regular monitoring plan.
15. Mining Operations. All phases and activities of mining operations shall be carried out in a
manner so that the operator shall not significantly adversely affect adjacent shoreline areas.
16. Public Access. Some form of public access to the shoreline for private non-commercial
recreational purposes shall be afforded in a manner compatible with mining and accessory
facilities and uses. Such public access may be restricted and shall be consistent with the
protection of the health, safety, and welfare of the public.
17. Subject to the performance standards, mining is a Conditional Use in Urban Commercial,
Residential, Rural, Conservancy and riverine Aquatic environments.
18. Mining is a prohibited use in a Natural environment.
19. In considering renewal, extension or reauthorization of gravel bar and other in channel mining
operations in locations where they have previously been conducted,the County shall require
compliance with this Program.
20. These mining provisions do not apply to dredging of authorized navigation channels.
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17.50.245 OUTDOOR ADVERTISING, SIGNS, & BILLBOARDS
A. OUTDOOR ADVERTISING, SIGN,AND BILLBOARD POLICIES
1. Wherever feasible, outdoor advertising, signs and billboards should not be placed in such a
manner as to degrade or impair visual access to the shoreline and water. Location or
placement should be on the upland side of transportation routes parallel or adjacent to
shoreline and water areas unless it can be shown that views will not be obstructed.
2. All outdoor advertising, signs and billboards shall comply with State and County regulations
including Mason County Sign Code (MCC 17.03.200-203 and MCC 17.05.025).
3. Wherever feasible, outdoor advertising signs and advertising should be placed on or against
existing buildings to allow maximum visibility of shoreline and water areas.
4. Other off-premises signs should not be located on shorelines except for approved community
entrance or directional signs.
B. OUTDOOR ADVERTISING, SIGNS,AND BILLBOARD REGULATIONS
1. Signs shall comply with the County Sign code that applies county-wide (MCC 17.03.200-203
and MCC 17.05.025), specific to Belfair(MCC 17.34), and specific to Allyn (MCC 17.15).
2. All signs shall be located and designed to minimize interference with vistas,viewpoints, and
visual access to the shoreline.
3. Illuminated signs shall be hooded, shaded, or directed so as to eliminate glare when viewed
from surrounding properties or watercourses.
4. Other than temporary signs, per Mason County Development Regulations MCC 17.03,
overwater signs or signs on floats or pilings shall be prohibited, except when related to
navigation, informational, or a water-dependent use. Signs in the Aquatic environment are
not subject to buffer or setback standards.
5. Shoreline setbacks do not apply to signs attached to buildings.
6. Informational signage denoting property boundaries, trail markings, or fee/use regulations as
well as interpretive or educational signs shall be allowed in all environment designations and
are exempted from setback requirements.
17.50.250 RECREATIONAL
A. RECREATIONAL POLICIES
1. Shoreline developments that serve a variety of recreational needs should be encouraged.
Priority shall be given to developments that provide recreational uses and that facilitate public
access to shorelines. Recreational developments are encouraged to provide facilities for non-
motorized access, such as pedestrian or bicycle paths to link the recreation area to the
shoreline.
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2. All proposed recreational developments should be designed, located and operated to protect
the quality of scenic views and to avoid and minimize adverse impacts on the environment in
order to achieve no net loss of ecological processes and functions. Favorable consideration
should be given to those projects which complement their environment.
3. Publicly owned property which provides public access to a body of salt or fresh water should
be retained for public use.
4. Public agencies, private individuals, groups and developers should be encouraged to
coordinate development projects to mutually satisfy recreational needs.
5. Recreational facilities should make adequate provisions for:
a. traffic, both inside and outside the facility
b. proper water, solid waste and sewage disposal methods;
c. pet waste disposal bags,waste cans and signage for parks that allow dogs;
d. security and fire protection;
e. the prevention of overflow and trespass onto adjacent properties, including but not
limited to landscaping, fencing and posting of property;
f. buffering of development from adjacent private property.
6. Facilities for intensive recreational activities should be permitted only where sewage disposal
and garbage disposal can be accomplished without altering the environment adversely.
7. Where appropriate, non-intensive recreational use should be allowed on floodplains that are
subject to recurring flooding.
8. Off-shore recreational structures should be allowed and should be designed to not unduly
interfere with navigation of waterways.
9. Trails and pathways on steep shoreline bluffs should be designed to protect bank stability and
mitigate for impacts to shoreline ecological functions as to achieve no net loss.
10. Public recreational developments should be consistent with adopted park, recreation and
open space plans for the County.
11. The development of small, dispersed recreation areas should be encouraged.
12. The linkage of shoreline parks, recreation areas and public access points by linear systems,
such as hiking paths, bicycle paths, easements and scenic drives should be encouraged.
13. The use of off-road vehicles should be discouraged in all shoreline areas except where special
areas have been set aside for this purpose.
B. RECREATIONAL REGULATIONS
1. All proposed recreational developments shall be analyzed for their potential effect on
environmental quality and natural resources. Proposed development within critical areas or
their buffers shall protect habitats and mitigate for unavoidable impacts, consistent with
General Regulations.
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2. Recreational facilities shall make adequate provisions for water supply, sewage disposal and
garbage collection and shall comply at all times with the updated local and State Health
regulations. Such compliance shall be made a condition of the permit.
3. Parking and Vehicles.
a. Parking areas shall be consistent with the Transportation Chapter MCC 17.50.265.
b. Vehicular traffic, including all-terrain vehicles, is prohibited on beaches, bars, spits and
streambeds, except for boat launching and maintenance activities.
C. New trailer spaces, camping sites and similar facilities shall not be located on beaches and
tidelands.
d. Public access points on shorelines must provide parking space appropriate for the
intended use.
4. Water oriented events and temporary uses in the public interest may be allowed by the
County in any environment, provided that such uses will not damage the shoreline
environment. Non-water oriented temporary uses may be permitted in Commercial and
Residential shoreline environments.
5. Non-water oriented campsites may be approved in the Natural environment, provided they
are primitive in nature and not accessible by vehicles.
6. The following regulations shall apply to artificial aquatic life habitats:
a. Habitats shall not interfere with surface navigation;
b. Habitats shall be constructed and moored so as to remain in their original location, even
under adverse current or wave action;
c. Conditions of the State Departments of Fish and Wildlife Hydraulic Project Approval may
be incorporated into any permit issued.
7. Recreational facilities shall make adequate provisions, such as screening, buffer strips, fences
and signs,to prevent overflow and to protect the value and enjoyment of adjacent or nearby
private properties.
8. All permanent recreational structures and facilities shall be located outside officially mapped
floodways EXCEPT the County may grant exceptions for non-intensive accessory uses (e.g.,
picnic tables, etc.).
9. Accessory facilities, such as restrooms, recreation halls, commercial services, access roads and
parking areas shall be located inland from shoreline jurisdiction unless it can be shown that
there is no inland alternative.
10. For recreation developments that will require the use of fertilizers, pesticides or other toxic
chemicals, such as golf courses and playfields,the applicant shall submit plans demonstrating
Best Management Practices and other methods to be used to prevent leachate from entering
adjacent water bodies. Buffer strips providing the maximum width feasible from adjacent
waterbodies shall be included in the plan. The County shall determine the width necessary for
buffer strips, consistent with the General regulations.
11. In approving shoreline recreational developments, the County shall ensure that the
development will maintain, enhance or restore desirable shoreline features including unique
and fragile areas, scenic views and aesthetic values. To this end,the County may condition
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project dimensions, location of project components on the site, intensity of use, screening,
parking requirements and setbacks, as deemed appropriate to achieve this end.
12. No recreation building or structure, except for docks, bridges, or water dependent scientific or
environmental educational facilities, may be built waterward of the ordinary high water mark.
Allowed overwater structures shall minimize habitat impacts and visual impacts.
17.50.255 RESIDENTIAL
A. RESIDENTIAL POLICIES
1. Single family residences are a priority use of the shoreline when developed in a manner that
assures no net loss of shoreline ecological functions.
2. Over-water or floating residential development should not be permitted waterward of the
ordinary high water mark.
3. Sewage disposal facilities, as well as water supply facilities, should be provided in accordance
with appropriate state and local health regulations.
4. Residential development channel migration zones or in the floodway should not be permitted.
5. Residential development in shoreline areas should be designed to preserve natural drainage
courses. Storm drainage facilities should be designed and installed to protect water quality,
prevent erosion, and protect structures. Low impact development practices consistent with
the most current adopted Stormwater Management Manual for Western Washington are
encouraged for all projects,where feasible.
6. Residential development on shorelines should be planned, designed and located to avoid,
minimize, and mitigate for unavoidable adverse impacts to shoreline ecological functions.
7. Subdivisions of more than 4 lots created after the effective date of this program should
provide adequate common access to the shoreline and open space along the shoreline for all
residents of the development. The access and open space should be of adequate size to
provide for recreation land to ensure against interference with adjacent properties.
8. Residential structures should be located to minimize obstruction of views of the water from
upland areas. The intent of this policy is to encourage the retention of views in and through
new residential developments. This policy is not intended to prohibit residential development
of a shoreline lot simply because it may impact or eliminate views from upland property.
9. Residential development along shorelines should be designed and sited to make shoreline
stabilization measures unnecessary within the foreseeable future.
10. New residential development should be encouraged to cluster dwelling units in order to
preserve natural features, minimize physical and visual impacts and reduce utility and road
costs. Performance subdivisions provide significant environmental and public benefits to the
County and should be encouraged within shoreline jurisdiction through incentives that allow
reduced lot widths.
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11. The overall density of development, lot coverage and height of structures should be
appropriate to the physical capabilities of the site. Particular attention should be given to the
preservation of water quality and shoreline aesthetic characteristics. Density should be
consistent with density provisions of the County land use/zoning code and this Program.
12. Accessory dwelling units should be allowed when no net loss of shoreline ecological functions
would occur.
B. RESIDENTIAL REGULATIONS
1. New residential development is prohibited waterward of the ordinary high water mark and
within floodways. Existing communities of floating homes,floating on water residences,
and/or over-water homes shall be allowed to make improvements associated with life safety
matters and property rights provided that any expansion of existing floating homes, floating
on water residences, and/or over-water homes or communities is the minimum necessary to
assure consistency with constitutional and other legal limitations that protect private
property. Floating homes licensed as a vessel are not considered development.
2. New residential lots created through land division or lots modified by boundary line
adjustments shall only be permitted when the following standards are met:
a. The applicant must demonstrate that a primary residence can be built on each new lot
without any of the following being necessary:
i. Significant vegetation removal within required buffer areas;
ii. New structural shoreline stabilization or flood hazard protection during the life of
the structure;
iii. Shoreline modifications that cause erosion or reduce slope stability;
iv. Shoreline modifications that increase flood hazard or erosion in the new
development or to other properties.
b. Adequate sewer or septic,water, access and utilities shall be provided consistent with
County development regulations.
c. Adverse environmental impacts shall be avoided or mitigated to achieve no net loss of
ecological functions through compliance with MCC 17.50.110.
d. Subdivisions and planned unit developments with potential single—family residential
development of greater than four(4) parcels shall provide community access to the
shoreline or to a common waterfront lot/tract for non-commercial recreational use
within the proposed subdivision for all residents and guests of the development except
where the shoreline topography does not permit the same.These subdivisions of more
than four(4) units or lots shall include a restriction on the face of the plat prohibiting
individual beach access structures. The proponent shall provide visual access to the
shoreline via view corridors within the subdivision as illustrated on the final plan and as
determined by the Administrator. Existing lawfully established public access shall be
maintained.
e. Prior to final project approval of a residential subdivision or short plat, a usable area shall
be set aside for one (1) community dock,when feasible. A proposed community dock
shall include no more than one mooring slip per dwelling unit, up to a maximum of ten
(10) slips. Individual docks shall not be allowed. All conditions of approval related to
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required access easements and dedications shall be identified on the face of the plat,
along with a statement of prohibition of individual docks.The community dock easement
shall be recorded with the County Auditor.
f. Substandard shoreline lots unsuitable for development of a primary permitted use under
the Mason County Zoning Ordinance and this Program shall not be subdivided.
g. "Submerged lands" (wetlands and those lands waterward of the ordinary high water
mark)within the boundaries of any waterfront parcel shall not be used to compute
required lot area, lot dimensions and required yards. Portions of land lying within
wetlands may be included as open space.
h. Subdivision proposals shall identify areas of minimum required vegetated buffers and
setbacks consistent with the General Regulations in MCC 17.50.110 (General Regulations)
as well as the storm water retention and erosion control measures required per MCC
17.80 and 14.48.
i. Performance subdivisions authorized under MCC 16.21 in Rural and Conservancy
environment designations may include lot widths consistent with the underlying zoning,
with a minimum of fifty feet.
3. Design and siting of residential development and activities such as clearing and grading shall
not adversely impact water quality or ecological functions:
a. Proposed residential subdivisions and other land uses and developments which may
impact aquaculture operations shall provide facilities to prevent any adverse water
quality impacts to such operations.
All projects shall meet or exceed any stormwater design requirements in MCC 14.48 and
17.80 to avoid any risk of decertification of shellfish beds. Site preparation and
construction in the vicinity of aquaculture operations shall not result in off-site erosion,
siltation, or other reductions in water quality. Land uses on erosion hazard areas shall
meet the requirements of MCC 8.52.160.
b. Residential development shall comply with current Mason County on-site sewer system
standards.
C. Expansion of existing dwellings shall require strict compliance with current sewage
system setback and design standards as per WAC 248-96.
d. Residential development and activities such as clearing and grading shall comply with
buffers and setbacks consistent with MCC 17.50.110 (General Regulations), and
requirements of MCC 17.50.340, Shoreline Stabilization. Deviation from buffer and
setback requirements not specifically authorized shall require a Shoreline Variance.
e. Residential developers and individuals shall be required to control erosion during
construction. Removal of vegetation shall be minimized and any areas disturbed shall be
restored to prevent erosion and other impacts to shoreline ecological functions.
f. Waste materials from construction shall not be left on or adjacent to shorelines.
4. Accessory dwelling units may be allowed subject to meeting the following criteria:
a. Only one accessory dwelling unit per lot.
b. Strict compliance with current sewage setback and design standards as per County health
regulations.
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C. Minimal impact on surrounding properties from view blockage,traffic, parking and
drainage.
d. Compliance with buffer and setback criteria set forth in MCC 17.50.110 (General
Regulations).
e. Accessory dwelling units shall require a Substantial Development Permit and shall not
exceed eighty percent (80%) of the square footage of the habitable area of the primary
residence or one thousand (1,000) square feet; whichever is smaller.
f. Compliance with requirements of MCC 17.03.029.
5. In Natural shoreline environmental designations, one single family residential development
per existing lot of record may be permitted where there is no feasible location outside of
shoreline jurisdiction and where a Conditional Use Permit is granted. Duplex and multi-family
residential development is prohibited.
17.50.260 RESTORATION AND ENHANCEMENT PROJECTS
A. RESTORATION AND ENHANCEMENT PROJECT - POLICIES
1. Improve shoreline ecological functions, watershed processes, and habitat values over time
through regulatory,voluntary and incentive-based public and private programs and actions
that are consistent with the Shoreline Master Program Restoration Plan and other Mason
County adopted restoration plans.
2. Provide support to restoration work in the shorelines of Mason County by various
organizations by identifying priorities and organizing information on available funding sources
for restoration implementation.
3. Implement actions that restore shoreline ecological functions,values and processes as well as
shoreline features, improve habitat for sensitive and/or locally important species, and are
consistent with biological recovery goals for threatened salmon populations and other species
and/or populations for which a recovery plan is available.
4. Integrate restoration efforts with other parallel natural resource management efforts
including, but not limited to, water quality cleanup plans,TMDLs, integrated aquatic
vegetation management plans for lakes, shellfish closure response plans, and other similar
efforts.
5. Protection of existing shoreline resources is the best way to ensure the long-term health and
well-being of Mason County shorelines. Restoration should be used to complement the
protection strategies required by this Program to achieve the greatest overall ecological
benefit.
6. This Program recognizes the importance of restoring shoreline ecological functions and
processes. Mason County supports cooperative restoration efforts by local, state, and federal
public agencies,tribes, non-profit organizations, and landowners to improve shorelines with
impaired ecological functions and/or processes.
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7. Restoration actions should restore shoreline ecological functions and processes as well as
shoreline features and should be targeted toward meeting the needs of sensitive and/or
regionally important plant,fish and wildlife species.
8. When prioritizing restoration actions,the County should give highest priority to measures that
have the greatest chance of reestablishing ecosystem processes and creating self-sustaining
habitats.
Priority should be given to restoration actions that:
a. Create healthy and sustainable ecosystems.
b. Restore connectivity between stream/river channels and floodplains.
c. Restore natural watershed processes that support river and stream channel formation.
d. Mitigate peak flows and associated impacts caused by high stormwater runoff volume.
e. Reduce sediment input to streams and rivers and associated impacts.
f. Improve water quality in areas where it is degraded.
g. Restore native vegetation and natural hydrologic functions of degraded and former
wetlands.
h. Replant native vegetation in riparian areas to provide shade and food sources for
nearshore habitats.
i. Restore nearshore ecosystem processes, such as sediment transport and delivery and
tidal currents that create and sustain habitat.
j. Restore pocket estuaries and other priority habitats that support salmon life histories,
including feeding and growth, refuge, and migration.
k. Restore beaches that support priority forage fish spawning.
I. Restore nearshore habitats where native eelgrass was historically present.
m. Address contamination along industrial shoreline regions.
B. RESTORATION AND ENHANCEMENT PROJECT - REGULATIONS
Restoration shall be carried out in accordance with an approved restoration plan prepared by a
qualified professional. The plan shall contain, where applicable, an analysis of existing conditions,
identification of the area to be restored, proposed corrective actions, including installation of native
species, performance standards, monitoring schedule, planting plans, erosion and sedimentation
control plans, and grading plans as necessary and in accordance with the policies and regulations of
this Program.
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17.50.265 TRANSPORTATION
A. TRANSPORTATION FACILITY- POLICIES
1. New transportation facilities should be located on stable soils, back from a water channel
using routes that avoid slumps,wetlands, and natural drainage areas. When this is not
possible, corrective stabilization measures should be permitted.
2. Major highways,freeways and railways should be located away from shorelands.
3. Transportation facility locations should be planned to fit the topography so that minimum
alterations of natural conditions will be necessary.
4. Scenic highways should have provisions for safe pedestrian and other non-motorized travel.
Also, provisions should be made for sufficient viewpoints, rest areas and picnic areas on public
shorelines.
5. Existing public roadways which provide significant visual and physical public access to
shoreline areas, including high quality aesthetic values, should be maintained and kept in
service.
6. Roads located in shorelands and wetlands should be designed and maintained to prevent
erosion and to permit the natural movement of ground water.
7. Location of transportation facilities should not require the rerouting of stream and river
channels.
8. Transportation facilities should be designed, constructed and maintained to minimize erosion,
prevent pollution and to permit natural movement of ground water and flood waters to the
extent practical.
9. All debris, overburden and other waste materials from construction should be disposed of in
such a way as to prevent their entry by erosion from drainage, high water, or other means into
any surface water body.
10. Waterway crossings should be designed and constructed to maintain normal geohydraulic
processes, as well as to minimize interruption of flood water flow.
11. The number of stream crossings should be minimized.
12. New transportation facilities should be located and designed to minimize the need for
shoreline protection measures.
13. Trail and bicycle systems should be encouraged along shorelines to the maximum extent
feasible.
14. All transportation facilities in shoreline areas should be located, designed, constructed and
maintained to cause the least possible adverse impacts on the land and water environments,
should respect the natural character of the shoreline and should make every effort to preserve
wildlife, aquatic life and their habitats.
15. The County shall not vacate a County road or part thereof which abuts on a body of salt or
freshwater unless the purpose of the vacation is to enable any public authority to acquire the
vacated property for port purposes, boat moorage or launching sites, or for park,viewpoint,
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recreational, educational or other public purposes, or unless the property is zoned for
industrial uses.
16. Public transportation facilities should incorporate environmental education features, where
practicable, and should employ pervious materials and other appropriate low impact
development techniques where soils and geologic conditions are suitable and where such
measures could measurably reduce stormwater runoff.
17. Additional Parking Standards:
a. Parking in shoreline areas should be limited to that which directly serves a permitted
shoreline use.
b. Parking facilities should be located and designed to minimize adverse environmental
impacts to the following, including, but not limited to:
i. Stormwater runoff;
ii. Water quality;
iii. Visual qualities;
iv. Public access; and
V. Vegetation and habitat.
C. Parking areas should be planned to achieve optimum use. Where feasible, parking areas
should serve more than one use (e.g., recreational use on weekends, commercial use on
weekdays).
B. TRANSPORTATION FACILITY REGULATIONS
1. Application for transportation facilities, including roads and railroads must adequately address
the following:
a. Need must be shown for a shoreline location and that no reasonable upland alternative
exists.
b. The construction is designed to protect the adjacent shoreline against erosion,
uncontrolled or polluting drainage and other factors detrimental to the environment both
during and after construction.
c. That the project will be planned to fit the existing topography as much as possible, thus
minimizing alterations to the natural environment.
d. That the project will avoid adverse impacts to shoreline ecological functions and the
process of channel migration, and will mitigate for any unavoidable impacts consistent
with General Regulations.
e. That all debris, overburden and other waste materials from construction will be disposed
of in such a way as to prevent their entry by erosion from drainage into any water body.
2. Bridge construction shall conform to the following:
a. Excavation for and placement of the sills or abutments and outside placement of stringers
or girders shall be accomplished from above the ordinary high water mark, as a
Conditional Use.
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b. Abutments, piers, piling, sills, approach fills, etc., shall not constrict the flow so as to
cause any appreciable increase (not to exceed .2 feet) in backwater elevation (calculated
at the 100-year flood) or channel wide scour and shall be aligned to cause the least effect
on the hydraulics of the watercourse.
c. The bridge shall be constructed, according to the approved design,to pass the 100-year
peak flow with consideration of debris likely to be encountered. Exception shall be
granted if applicant provides hydrologic or other information that supports alternative
design criteria.
3. Foot or vehicular bridges crossing rivers or streams for the private use of individual land
owners shall be evaluated for need and design. They shall meet the same standards for siting,
water quality protection and erosion control as all other bridges.
4. In addition to the applicable standards in this chapter, private road construction and
maintenance shall conform to the following standards:
a. Road subgrade widths shall be the minimum commensurate with the intended use,
generally not more than 20 feet for single lane roads.
b. Roads shall follow natural contours where possible. Natural benches, ridge tops and flat
slopes are preferred locations.
C. Erodible cuts and filled slopes shall be protected by planting or seeding with appropriate
ground cover or by matting immediately following construction.
5. Excess construction materials shall be removed from the shoreline area.
6. Filling waterward of OHWM and in wetlands for road or railroad rights-of-way shall be
prohibited unless for public access or for an expansion or alteration of transportation facilities
of statewide significance (as defined in RCW 47.06.140) currently located on the shoreline,
provided alternative road alignments are infeasible and impacts are mitigated consistent with
fill regulations.
7. All excavation materials and soils exposed to erosion by all phases of road, bridge and culvert
work shall be stabilized and protected by seeding, mulching or other effective means, both
during and after construction.
8. Where permitted to parallel shorelines, roads or railroads shall be set back a sufficient
distance from the ordinary high water mark to leave a usable shoreline area for shoreline
recreation or access consistent with General Regulations.
9. Stormwater runoff shall be controlled to reduce suspended solids and other pollutants before
entering any surface water body consistent with Mason County stormwater standards.
10. Pervious materials and low impact development techniques shall be used to manage
stormwater runoff where feasible and where conditions are appropriate.
11. Additional Parking Standards:
a. Parking and loading areas shall only be permitted in shoreline jurisdiction to support an
authorized use where it can be demonstrated that there are no feasible alternative
locations.
b. Perimeters of parking areas shall be landscaped to minimize visual impacts to the
shorelines, roadways, and adjacent properties.
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C. Parking facilities serving individual buildings shall be located landward of the principal
building being served, except when the parking facility is located within or beneath the
structure and is adequately screened, or in cases when an alternate location would have
less environmental impact on the shoreline.
d. Parking facilities for shoreline uses shall be designed to provide safe and convenient
pedestrian circulation within the parking area and to the shorelines.
e. Parking as a primary use shall be prohibited within shoreline jurisdiction. Parking is
prohibited on structures located in-or over-water.
f. Parking areas shall be located outside critical areas and their buffers, unless there is no
area available. Unavoidable impacts shall be mitigated, consistent with General
Regulations.
g. Design of parking areas shall be consistent with Mason County Stormwater Standards.
17.50.270 UTILITIES
A. UTILITY- POLICIES
1. New utilities should be located outside shoreline jurisdiction unless the utility requires a
location adjacent to the water; alternative locations are infeasible; utilities are required for
permitted shoreline uses; or the development is expected to improve environmental
conditions.
2. Pipelines, cables and transmission lines should not be placed in waters, wetlands or in
required buffer areas unless there is no feasible and reasonable alternative.
3. New utilities should use existing transportation and utility sites, rights-of-way and corridors,
rather than creating new corridors.
4. Utility facilities should be designed and located to assure no net loss of shoreline ecological
functions, preserve the natural landscape, and minimize conflicts with present and planned
land and shoreline uses while meeting the needs of future populations.
5. Utility facilities and corridors should be planned, designed and located to protect scenic views.
6. If possible, power distribution and telephone lines should be placed under ground in any new
residential, commercial, public, or view area near the shores of a water body.
7. The possibility of making use of public utility rights-of-way to provide additional public access
to lakes, streams, or saltwater should not be overlooked when granting such rights-of-way.
8. Planning for location of towers, substations,valve clusters, etc., so as not to obstruct such
access should be pursued.
B. UTILITY- REGULATIONS
1. Utility production and processing facilities, such as power plants and sewage treatment plants,
or parts of those facilities that are non-water-oriented, shall be prohibited in shoreline
jurisdiction unless it can be demonstrated that no other feasible option is available or that it
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will improve environmental conditions.All underwater pipelines transporting liquids
intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited,
except in situations where no other feasible alternative exists or where it is expected to
improve environmental conditions. In those limited instances when permitted, automatic
shut-off valves shall be provided on both sides of the water body.
2. Transmission facilities for the conveyance of services, such as power lines, cables, and
pipelines, shall be located outside of shoreline jurisdiction where feasible unless it can be
demonstrated that it will likely improve environmental conditions.
3. Utilities shall avoid public recreation areas and significant natural, historic or archaeological or
cultural sites unless no alternative is feasible and all feasible measures to reduce harm have
been incorporated into the proposal.
4. Utilities should be located in existing rights of way, corridors and bridge crossings whenever
possible.
5. Utility facilities shall be designed and located to assure no net loss of shoreline ecological
functions, consistent with General Use regulations.
6. Where feasible, power distribution and telephone lines should be placed under ground in any
new residential, commercial, public, or view area near the shores of a water body.
7. Discharges from new sewage treatment plants shall not be allowed into surface waters
regardless of the environmental designation, unless no feasible alternative is available.
8. Any excavation for a utility line must be restored to pre-project configuration, replanted with
native species and provided with maintenance care until the newly planted area is established.
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17.50.300 Shoreline MODIFICATION Policies and Regulations
17.50.305 BEACH ACCESS STRUCTURES
A. BEACH ACCESS STRUCTURE - POLICIES
1. Mason County should enable pedestrian access to beach areas while protecting fragile
shoreline ecosystems and aesthetic concerns.
2. Beach access structures should be located, designed and maintained in a manner that
minimizes adverse effects on shoreline ecology.
3. Neighboring property owners are encouraged to combine resources to collectively propose
beach access structures in appropriate locations for shared use.Joint use stairways are
preferred over individual stairways.
4. Beach access structures should not be permitted unless their adverse effects on stream, lake
or marine shoreline functions and processes, including any significant adverse effects on
adjoining lands and properties, are fully evaluated and mitigated.
5. Beach access structures may not be appropriate in some areas because of safety hazards.The
County should not permit these structures in areas where there are expected risks to human
health and safety or adverse effects on shoreline functions and processes. Some properties
will have view-only access to the neighboring waters.
6. Beach access structures should conform to the existing topography, minimize adverse impacts
on shoreline aesthetics, minimize clearing, or other land modification grading to the maximum
extent feasible.
7. Beach access structures should not be allowed if there is a reasonable likelihood that they will
require erosion control structures or armoring in the future.
8. Recognition should be given to potential detrimental impacts of beach access structures on
water-dependent uses.
B. BEACH ACCESS STRUCTURE - REGULATIONS
1. Beach access structures shall be located, designed, and operated consistent with mitigation
sequencing and shall avoid a net loss of shoreline ecological functions. A Habitat Management
Plan, as detailed in the Resource Ordinance MCC 8.52.170, is required to assess, minimize, and
mitigate for unavoidable impacts.
2. If a beach access proposal requires a Geotechnical Report per the Landslide Hazard or Erosions
Hazard Areas Chapters of the Resource Ordinance, in addition to the standard report
requirements,the following shall be addressed in the report: the structure's potential effect
on shoreline processes such as net shoreline drift and sediment transport.
3. Beach access structures are prohibited if the bank slope where the structure is placed is likely
to require shoreline stabilization in the future. This shall be demonstrated in a Shoreline
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Geotechnical Assessment (or in a Geotechnical Report, if required by the Landslide Hazard
Areas Chapter of the Resource Ordinance).
4. Beach access structures may be located within the shoreline buffer and setback without
Variances, provided that:
a. The clear width of any beach access structure shall be the minimum necessary for the
structure to be determined by site limitations, including requirements for engineering
and habitat management plans. The width of residential stairs and walkways shall not
exceed 5 feet and the total area of residential landings shall not exceed 50 square feet
(each);
b. A tram shall not extend more than twelve (12)vertical feet above the top of the bank;
and
C. No portion of a beach access structure shall be constructed waterward of the Ordinary
High Water Mark and/or the waterward face of the bulkhead unless there is no other
feasible alternative. If it is infeasible to locate a pedestrian landing platform landward of
the ordinary high water mark, one may be constructed waterward of the ordinary high
water mark if it is supported by pier blocks or piles and twenty-five (25) square feet or
less.
5. New residential subdivisions of more than four(4) units or lots shall include a restriction on
the face of the plat prohibiting individual beach access structures. Shared access structures
may be permitted in these subdivisions when consistent with the provisions of this Program.
17.50.310 BOAT LAUNCHES
A. BOAT LAUNCH - POLICIES
1. Boat launches should be located only at sites with suitable environmental conditions,
shoreline configuration, access, and neighboring uses.
2. Where allowed, boat launches should be located, designed, constructed and operated with
appropriate mitigation to avoid adverse effects on shoreline ecological functions.
3. Boat launches should be designed and located to minimize obstruction of views and conflicts
with boaters and fishermen.
4. Boat launches should be constructed of materials that will not adversely affect water quality
or aquatic plants and animals.
5. Use and development of public launches are preferred rather than the development of
individual boat launches for private, non-commercial pleasure craft.
6. Multi-user boat launching facilities should be located in areas where parking and access to the
facility can be accommodated without causing adverse impacts upon adjacent properties or
endanger public safety.
7. Proposals for public boat launches should be planned and developed where regional and local
evidence of substantial need exists.
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B. BOAT LAUNCH- REGULATIONS
1. All Boat Launches.
a. Overwater structures shall be allowed only for water dependent uses or for public access.
b. Overwater structures shall be limited to the minimum size necessary to meet the needs
of the proposed water-dependent use.
c. Overlapping Jurisdictions. New construction, replacement, and repair shall comply with
all applicable state and federal policies and regulations, including but not limited to the
Washington Department of Fish and Wildlife (Hydraulic Project Approval WAC 220-110),
the Washington Department of Natural Resources, and the United States' Army Corps of
Engineers. These include functional grating, size restrictions, and other standards.
d. Boat launches shall be designed and constructed to avoid or if that is not possible,to
minimize and mitigate unavoidable impacts to ecological functions, critical area resources
such as commercial and recreational shellfish areas; submerged aquatic vegetation such
as eelgrass beds, macro-algae; forage fish spawning areas; salmon and other priority
species and habitats; riparian vegetation; large woody debris; associated wetlands; and
processes such as littoral drift.
i. Habitat Management Plan. Proposals for new or expanded boat launches on
marine shorelines and on lakes with species listed under the federal Endangered
Species Act as either proposed, threatened, or endangered shall include a Habitat
Management Plan that identifies measures to protect habitats and mitigate for
unavoidable impacts.
ii. Work Windows. In-water construction activities shall be limited to all relevant fish
work windows (WAC 220-110-271) to avoid impacts to spawning, migration and
rearing of salmonids and other critical species.
iii. Distance to Forage Fish Habitat. Wherever feasible, overwater structures shall be
located a minimum of twenty-five feet (measured horizontally from the edge of the
structure) in all directions from eelgrass and kelp beds and herring spawning areas.
Projects with unavoidable impacts shall provide compensatory mitigation.
iv. Alongshore Sediment Transport. Boat launches shall be designed to avoid
impediments to alongshore sediment transport. Where they unavoidably
adversely affect net sediment transport or other coastal processes to the detriment
of nearby beaches or habitats, the County may require periodic replenishment of
substrate to offset adverse impacts.
e. No more than one (1) boat launch shall be permitted on a single lot.
f. There is no maximum length or width for commercial, industrial, or recreational (public or
community) use boat launches, however,the proponent must demonstrate that the size
proposed is the minimum necessary to allow the use proposed.
2. Residential Boat Launches.
In addition to '1' above, single family residential boat launches shall meet the following:
a. Residential launches for hand launching boats shall use gravel or other permeable
material. Removal of existing vegetation for launch access should be limited to eight (8)
feetin width.
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b. On marine shorelines, railways are preferred over concrete boat ramps for private,
residential use.
C. Design standards for residential boat ramps and marine railways are as follows, unless
otherwise required by WDFW Hydraulic Project Approval or DNR use authorization:
i. Ramps shall be placed at beach grade, and not elevated on fill.
ii. Ramps and railways shall not exceed 12 feet in width.
iii. Ramps and railways shall not exceed 50 feet in length, as measured from the line of
ordinary high water. Marine railways shall not extend beyond MLLW(0.0).
iv. Ramps and railways shall not exceed 18 inches in height at the line of ordinary high
water, or the toe of the bulkhead.
3. Public Boat Launches.
In addition to T above, public boat launches shall meet the following:
a. Public boat launches shall include adequate restroom and sewage and solid waste
disposal facilities in compliance with applicable health regulations.
b. When overwater development is proposed in association with a public boat launch
facility, it may be permitted only where such use requires direct water access, and/or
where such facilities will substantially increase public opportunities for water access.
C. Public boat launches shall be located and designed to prevent traffic hazards and
minimize traffic impacts on nearby access streets.
d. Public boat launch sites shall include parking spaces for boat trailers commensurate with
projected demand.
17.50.315 BREAKWATERS, JETTIES, AND GROINS
A. BREAKWATER,JETTY,AND GROIN - POLICIES
1. Because the purpose of these structures is to modify complex water movement and littoral
drift systems and may thus impact the shoreline outside the project boundaries, design by a
registered professional engineer is required.
2. Floating breakwaters are preferred to solid landfill types to maintain sand movement and fish
habitats.
3. When planning for breakwaters and jetties or groins,the County should consider entire
systems or sizable stretches of rivers or marine shorelines.This planning should consider off-
site erosion or accretion that might occur as a result of these shoreline structures or activities.
These structures should be developed in a coordinated manner among affected property
owners and public agencies.
4. Jetties should generally be discouraged because they partially or totally block shore processes,
are irreversible in nature and require an on-going and costly dredging or beach feeding
program to alleviate erosion or accretion problems.
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5. Marine groins should generally be discouraged because they purposefully trap and accrete
beach forming material,yet erode down drift beaches which may have adverse effects on
other shore resources and habitats.
6. Breakwaters,jetties and groins should be located and designed so as to avoid, minimize, and
mitigate for any unavoidable adverse impacts on fish and wildlife resources and habitats.
7. Artificial beach feeding and enhancement proposals that do not use jetties or groins should be
encouraged over developments requiring the use of such structures.
8. Breakwaters,jetties and groins should be allowed only where necessary to support water-
dependent uses including public access, navigation, industrial activities and marinas as an
integral component of a harbor, marina or port, shoreline stabilization or other specific public
purpose.
B. BREAKWATER,JETTY AND GROIN - REGULATIONS
1. The County shall require and utilize a habitat management plan and engineering report which
shall include the following information during its review of proposals for breakwaters,jetties
and groins (all drawings shall be drawn to scale):
a. Purpose of the structure;
b. Construction of project relative to toe and crest of uplands;
c. Adjacent land contours and high water elevations including but not limited to the
following: Extreme High Tide, OHWM, MLLW and tidal elevation at the end point.
d. Seasonal direction and speed of prevailing winds; with wind rose and duration graphs.
e. Net direction of littoral drift,tidal currents.
f. The following additional information is required for groins:
i. Profile of uplands;
ii. Beach type, slope and materials;
iii. Uplands type, slope and materials;
iv. Soil type;
V. Physical or geological stability of uplands and;
vi. Predicted impact on area shore processes, adjacent properties and upland stability.
2. Breakwaters may be considered as a Conditional Use for navigational purposes, aquacultural
activities, industrial activities and marinas as an integral component of a harbor, marina or
port, where water dependent uses are located waterward of the existing shoreline and where
protection from strong wave action is essential. Open-pile,floating, portable, or submerged
breakwaters, or several smaller discontinuous structures that are anchored in place, shall be
the only type allowed unless it can be shown that solid fixed breakwaters would have no
significant adverse effect on the aquatic biology and shore processes, or that such adverse
effects can be adequately mitigated.
3. Jetties and marine groins may be considered a Conditional Use for navigational purposes,
water dependent activity, marinas and public beach management as integral components of
an overall development plan.
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4. Breakwaters,jetties and groins shall be located and designed so as to avoid, minimize and
mitigate for any unavoidable adverse impacts on fish and wildlife resources and habitat and
physical processes such as channel migration,water circulation and sediment transport.
a. The design of breakwaters,jetties and groins shall conform to all applicable requirements
established by the Washington Department of Fish and Wildlife and the US Army Corps of
Engineers.
b. The design shall minimize impediments to navigation and to visual access from the
shoreline.
C. Materials used for the construction of breakwaters,jetties and groins shall exhibit the
qualities of long-term durability, ease of maintenance, and compatibility with local shore
features, processes, and aesthetics.
d. The use of solid waste,junk, or abandoned automobiles, asphalt, or any building
demolition debris is prohibited.
5. Groins on rivers, streams and lakes are discouraged, but may be considered as a Conditional
Use provided the applicant can demonstrate the appropriateness of the designed structure for
the site and that alternative shore protection measures would prove more detrimental to the
geohydraulics and natural resources within the water body.
6. Groins on rivers, streams and lakes shall only be allowed as part of a restoration project or a
County-approved comprehensive flood hazard management plan.
17.50.320 DOCKS, FLOATS, BUOYS, LIFTS, ETC.
A. DOCK, FLOAT, MOORING BUOY, BOAT LIFT, BOAT HOUSE,AND COVERED MOORAGE -
POLICIES
1. While these structures are important for commerce and recreation,they also can have
negative impacts on the shoreline ecology, aesthetics, and navigation. Therefore, portions of
the shoreline may not be appropriate for these overwater structures.
2. Docks should be located only at sites with suitable environmental conditions, shoreline
configuration, access, and neighboring uses.
3. The County should consider the cumulative effects that become possible with the granting of
permission for individual docks, recognizing that approval of one project can set a precedent
for other similar projects.
4. Where allowed, docks, unattached floats, and boat lifts should be located, designed,
constructed and operated with appropriate mitigation to avoid adverse effects on shoreline
ecological functions.
5. Docks, unattached floats, and boat lifts should be designed and located to minimize
obstruction of views and conflicts with boaters and fishermen.
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6. The type and design of docks, unattached floats, and boat lifts should be compatible with the
shoreline area where they are located. Consideration should be given to shoreline
characteristics,tidal action, aesthetics, and adjacent land and water uses.
7. Docks, unattached floats, and boat lifts should be constructed of materials that will not
adversely affect water quality or aquatic plants and animals.
8. Use of marinas and public launches are preferred rather than the development of individual
docks for private, non-commercial pleasure craft.
9. Joint-use and/or community use of docks are favored, especially in tidal waters. The use and
development of public recreational docks should be encouraged.
10. Priority should be given to the use of community docks in all new waterfront subdivisions. In
general, encouragement should be given to the cooperative use of docks.
11. Mooring buoys and unattached floats are preferred over docks with attached floats.
12. Boathouses and covered moorages should be prohibited where incompatible with
environmental conditions.
13. Docks should be allowed only for water-dependent uses or public access. A dock associated
with a single-family residence is considered a water-dependent use.
14. Water-related and water enjoyment uses may be allowed as part of a mixed use development
on over-water structures where they are clearly auxiliary to and in support of water-
dependent uses.
15. New docks, excluding docks accessory to single family residences, should be permitted only
when the applicant has demonstrated that a specific need exists to support the intended
water-dependent use.
16. Vessels should be restricted from extended mooring on waters of the state unless
authorization is obtained from the Washington Department of Natural Resources (DNR) and
impacts to navigation and public access are mitigated.
B. DOCK, UNATTACHED FLOAT, MOORING BUOY, BOAT LIFT, BOAT HOUSE,AND
COVERED MOORAGE - REGULATIONS
For the purposes of this subsection, 'overwater structures' pertains to docks(piers, ramps, and/or
attached floats); unattached floats; mooring buoys; boat lifts and overwater davits; and covered
moorage.
1. All Overwater Structures
a. Overwater structures shall be allowed only for water dependent uses or for public access.
b. Overwater structures shall be limited to the minimum size necessary to meet the needs
of the proposed water-dependent use.
c. Overlapping Jurisdictions. New construction, replacement, repair, installation, and use
shall comply with all applicable state and federal policies and regulations, including but
not limited to the Washington Department of Fish and Wildlife (Hydraulic Project
Approval WAC 220-110), the Washington Department of Natural Resources, and the
SHORELINE MASTER PROGRAM December 20, 2021 Page 96
United States'Army Corps of Engineers. These include functional grating, size
restrictions, and other standards.
d. Avoidance, Minimization, and Mitigation. Overwater structures shall be designed and
constructed to avoid or if that is not possible,to minimize and mitigate unavoidable
impacts to ecological functions, critical area resources such as commercial and
recreational shellfish areas; submerged aquatic vegetation such as eelgrass beds and
macro-algae; forage fish spawning areas; salmon and other priority species and habitats;
riparian vegetation; large woody debris; associated wetlands; and processes such as
littoral drift.
i. Applicants for new or expanded overwater structures on all marine shorelines and
on lakes with species listed state or federally proposed,threatened, or endangered
shall submit a Habitat Management Plan that identifies measures to protect
habitats and mitigate for unavoidable impacts.
ii. Work Windows. In-water construction shall be limited to all relevant fish work
windows (WAC 220-110-271)to avoid impacts to spawning, migration and rearing
of salmonids and other critical species.
iii. Alongshore Sediment Transport. Overwater structures shall be designed to avoid
impediments to alongshore sediment transport. Where they unavoidably
adversely affect net sediment transport or other coastal processes to the detriment
of nearby beaches or habitats, the County may require periodic replenishment of
substrate to offset adverse impacts.
iv. Distance to Eelgrass, Kelp, and Forage Fish Habitat. Wherever feasible, overwater
structures shall be located a minimum of twenty-five feet (measured horizontally
from the edge of the structure) in all directions from eelgrass and kelp beds and
herring spawning areas. Projects with unavoidable impacts shall provide
compensatory mitigation.
V. Grating to Allow Light Penetration. To minimize adverse effects on habitats and
species caused by overwater structures that reduce ambient light levels, overwater
structures shall incorporate functional grating that meets all standards (such as
percent functional grating, percent open area, and orientation of the grating)
required by state and federal agencies with jurisdiction.
vi. Treated Wood and Toxic Materials. Materials used for components that may come
in contact with water shall be made of non-toxic materials where feasible. Tires
and tire by-products shall not be used for construction where they would contact
the water(e.g.,flotation,fenders, and hinges). Where chemically-treated materials
are the only feasible option, materials shall use the least toxic alternative approved
by applicable state agencies for use in water. Treated wood elements shall
incorporate design features (e.g., fenders, bumpers, metal bands) to minimize
abrasion by vessels, pilings, floats or other objects. Wood treated with creosote,
chromated copper arsenate and pentachlorophenol is prohibited for use in
overwater structures.
e. Overwater structures shall be located, designed and operated to not significantly impact
or unnecessarily interfere with the rights of adjacent property owners, or adjacent water
uses including navigation and boat operation.
SHORELINE MASTER PROGRAM December 20, 2021 Page 97
f. Except for community or joint use, structures shall be located a minimum of five feet
from side property lines. Community use orjoint use facilities may be located on the
property line, where applicable. If the location of side property lines on a cove cannot be
officially established without a survey,the Administrator may require a survey by a
registered land surveyor before a permit is issued.
g. Artificial lighting on overwater structures shall be the minimum necessary for the
proposed use. Lighting shall be designed to minimize glare and shall incorporate cut-off
shields.
h. Overwater structures shall be constructed and maintained in a safe and sound condition.
Abandoned or unsafe structures shall be removed or repaired promptly by the owner.
Where any such structure constitutes a hazard to the public,the County may, following
notice to the owner, abate the structure if the owner fails to do so within a reasonable
time, and may impose a lien on the related shoreline property in an amount equal to the
cost of the abatement. If the structure is abandoned and an owner cannot be located,
the County will publish public notice before taking action to remove the hazard.
i. New covered moorage and over the water boat houses are prohibited except in marinas.
Note: For upland boat houses, see the structure setbacks and mitigation requirements per
the applicable use chapter and the General Regulations(17.50.110).
j. Repair and Replacement.
i. As detailed in MCC 17.50.120 Existing Structures,the footprints of existing legally
established over water structures that do not conform to the Program's
requirements are considered legal non-conforming, including docks, boat houses,
and other overwater structures; therefore repairs and replacements do not need to
meet the County's dimensional standards but do need to use approved materials.
Replacement structures shall be restricted to the original footprint and size
dimensions, unless the reconfiguration meets current bulk dimensional standards
and does not exceed the existing overwater square footage. Existing skirting shall
be removed and may not be replaced. Whenever feasible, repairs to boathouses
should include materials that allow for light penetration to intertidal and shallow
subtidal water areas.
Note: The Washington Department of Fish and Wildlife may not issue Hydraulic
Project Approvals for replaced docks or unattached floats that do not meet their
current standards in WAC 220-110.
ii. For proposals involving the addition to or enlargement of existing overwater
structures, it is the addition or area of enlargement that must comply with the
requirements for new construction as outlined in 17.50.320.13,Table 17.50.320-A,
and Table 17.50.320-B.
2. Docks and Unattached Floats
a. Evaluation of cumulative impacts of docks. When a Conditional Use Permit is required
per Table 17.50.090-A and/or this chapter,the following apply:
i. Mason County shall evaluate the cumulative effects on ecological functions,
navigation and aesthetics and other water-dependent uses when determining if a
residential dock is allowed. After consideration of potential cumulative effects and
precedential effects,the County shall deny a new permit application where there is
SHORELINE MASTER PROGRAM December 20, 2021 Page 98
convincing evidence that impacts would risk harm to shoreline ecological functions,
loss of community use, adjacent water dependent uses or a significant degradation
of views and aesthetic values. A balancing of the interests of project proponents,
adjacent shoreline property owners (and uses), and those of the public is
necessary.
ii. The applicant shall prepare a cumulative impact analysis report that addresses the
following within a defined area such as a drift cell or other appropriate shoreline
reach:
(a) The current build-out of the proposed dock area. The report shall determine
whether or not the proposed dock would alter an undeveloped shoreline
reach or high quality habitat area, or compromise development of recreation
opportunities.
(b) The potential for future build-out of the proposed dock area.The report shall
assess if a shoreline reach area already has a substantial number of docks, and
therefore the potential for future build-out of the area is more limited and the
risk of significant environmental impacts from additional infilling of docks will
likely be low. This is particularly true if the proposed dock will be sited
between existing docks on adjacent properties. However, even if the area has
limited build-out potential, should the specific location, characteristics, and
natural functions of the shoreline and the health of the water body be
especially susceptible to new dock development,then the report should
identify the potential for significant environmental impacts.
(c) Aesthetics and visual compatibility. The report shall evaluate the context of
the existing visual characteristics of the upland, shoreline, and overwater
development and analyze compatibility with the surrounding area. Although
any dock will have a physical presence and alter the view of a particular
shoreline, it is the extent that the man-made alteration constituting a visual
presence on the environment that will be considered by the County as
important to the compatibility analysis.
b. If allowed under this Program, no more than one (1) dock may be permitted on a single
waterfront lot.This does not apply to public recreational uses.
C. Prior to final project approval of a residential subdivision or short plat, a usable area shall
be set aside for one (1) community dock,when feasible. A proposed community dock
shall include no more than one mooring slip per dwelling unit within shoreline
jurisdiction, up to a maximum of ten (10) slips. Individual docks shall not be allowed. All
conditions of approval related to required access easements and dedications shall be
identified on the face of the plat, along with a statement of prohibition of individual
docks and piers. The community dock easement shall be recorded with the County
Auditor.
d. Vessels shall be restricted from extended mooring on 'State Owned Aquatic Lands' except
as allowed by WAC 332-52-155 and other applicable state regulations and provided that a
lease or permission is obtained from the state and impacts to navigation and public
access are mitigated.
e. Within a semi-enclosed body of water such as a bay, cove, or natural stream channel, a
dock or unattached float may be constructed to the lesser of,the allowed dock length or
SHORELINE MASTER PROGRAM December 20, 2021 Page 99
fifteen percent(15%)fetch, provided there are no significant adverse impacts to
navigation.
f. Residential Docks and Unattached Floats (Single Family,Joint Use, and Community Use).
i. Joint-use residential docks are preferred over single-use docks.
(a) Prior to development of a new residential, single use dock,the applicant shall
demonstrate that they have contacted adjacent property owners and none
have indicated a willingness to share an existing dock or develop a shared
moorage in conjunction with the applicant.
(b) For joint use facilities, a covenant executed between all property owners
sharing the joint use docks shall be submitted to the County.The covenant
shall cover the agreement for the joint use of common lot lines (if applicable),
shall run with the land, and be filed with the County Auditor as a covenant
with the land.
ii. No dock or unattached float shall have a residential structure constructed upon it,
and skirting is not allowed.
iii. The portion of a dock that is landward of the OHWM, shall only be as long as that
necessary to adequately anchor the dock.
iv. Maximum Overall Length.
(a) Freshwater Dock. Measured from the waterward edge of the structure, the
overall length of docks shall not exceed 60 feet from OHWM for single
waterfront lots (single use). The lengths permitted for joint or community use
facilities are shown in Table 17.50.320-A. In addition, see (2)(e)for length
restrictions that protect navigability.
(b) Saltwater Dock. The overall length of a marine dock for single use shall be
only so long so as to obtain a depth of seven (7) feet of water as measured at
mean lower low water, unless otherwise required by DNR use authorization or
Hydraulic Project Approval.The length shall not exceed 120 feet from OHWM
for single waterfront lots (single use). The lengths permitted for joint or
community use facilities are shown in Table 17.50.320-B. In addition, see
(2)(e) above for length restrictions that protect navigability.
For single use and joint use docks, the Administrator may approve a different
dock or pier length when needed,to avoid known eelgrass beds, forage fish
habitats, or other near shore resources up to a maximum of 150 feet (as
measured from OHWM), beyond which would require a Variance.
V. Piers.
(a) The width of piers, not including the pilings, shall not exceed six(6)feet.
(b) The bottom of saltwater piers must be at least 6 feet above the substrate.
Note:Depending on orientation and/or pier width (greater than 4 feet), the amount
of functional grating required by state jurisdictions may increase.
SHORELINE MASTER PROGRAM December 20, 2021 Page 100
vi. Ramps. The width of ramps shall not exceed five (5)feet.
Note: State jurisdictions may require ramps to be 4 feet wide and fully grated.
vii. Floats.
(a) The width of floats shall not exceed eight (8)feet.
Note: The amount of functional grating required by state jurisdictions may
increase for floats that are greater than 6 feet wide.
(b) All floating structures shall include float stops to keep structures off the
tidelands or lake-bottom or be located at sufficient depth to avoid grounding
during all tidal or lake elevations. Exclusion of float stops may be approved by
WDFW through Hydraulic Approval. In saltwater,floats need to be suspended
a minimum of one foot above the tidal substrate, unless otherwise required by
DNR use authorization (when applicable) or by WDFW Hydraulic Project
Approval.The preferred and least impacting option is to suspend the float
above the substrate by installing float stops on piling anchoring new floats.
The stops must be able to fully support the entire float during all tidal
elevations.
(c) Flotation shall be fully enclosed and contained in a shell that prevents breakup
or loss of the flotation material into the water and is not readily subject to
damage by ultraviolet radiation or abrasion caused by rubbing against piling or
waterborne debris.
(d) Flotation components shall not be counted toward functional grating
calculation.
(e) The surface of floating structures shall be a minimum of ten inches above the
surface of the water, unless other limitations are set by DNR use authorization
or WDFW Hydraulic Project Approval standards.
(f) There shall be no more than one unattached float per residence or privately
owned recreational property, and the area of an unattached float is limited to:
i) Freshwater. An unattached float shall not exceed 250 square feet for
single use and 400 square feet for joint or community use facilities,
unless other limitations are set by DNR use authorization (when
applicable) or WDFW Hydraulic Project Approval standards.
(ii) Saltwater. An unattached float shall not exceed 400 square feet for
single use and 700 square feet for joint or community use facilities,
unless other limitations are set by DNR Use Authorization or Hydraulic
Approval Standards.
Note: The amount of functional grating required by state jurisdictions
may increase for floats that are greater than 6 feet wide.
(g) Unattached floats shall be anchored using mid-line floats, helical anchors, or
other designs that have minimal adverse effects on aquatic ecosystems.
SHORELINE MASTER PROGRAM December 20, 2021 Page 101
viii. Attachments.
Attachments to the mainstem may be incorporated into the design of docks as
follows:
(a) Freshwater Dock. The length (measured parallel with the shore) of the
attachment(excluding the main-stem of the dock)for a single waterfront lot
shall not exceed twenty(20)feet, or forty(40) feet for a joint-use or a
community facility.
The total
allowed area o "Attachments"shown
LL
of all dock in crosshatch
attachment(s)
depends on "Mainstem"
the number of
owners, see "Mainstem"+"Attachment(s)"_
Table v Total Dock
17.50.320-A.
Example of Dock Configuration
Table 17.50.320-A: Residential Dock Dimensions on Freshwater(Lakes)
Max. Length (ft)
Total Allowed of Dock
Area (sq ft) Attachment
of All Dock Parallel to Max. Length (ft)
Attachments Shore of Total Dock
(excluding (excluding Perpendicular to
#of OwnersA mainstem) mainstem) ShoreB'c
1 250 20 60
2 350 40 65
3 to 4 480 40 70
5 to 6 600 40 80
7 to 8 720 40 95
9 to 10 840 40 110
A.For community docks,the#of owners is the#of residential lots in shoreline jurisdiction to a
maximum of 10.
B. Measured from the ordinary high water mark.
c See MCC 17.50.320.B.2.e
(b) Saltwater Dock. The length (measured parallel with the shore) of the
attachment (excluding the main-stem of the dock)for a single waterfront lot
shall not exceed thirty(30)feet, or sixty(60)feet for a joint-use or a
community facility.
SHORELINE MASTER PROGRAM December 20, 2021 Page 102
The total allowed area for all the dock attachment(s) depends on the number
of owners, see Table 17.50.320-B.
Table 17.50.320-B: Residential Dock Dimensions on Saltwater
Max
Depth
Total Allowed Area Max. Length (ft) (ft)
(sq ft) of Dock Max. Length at
of All Dock Attachment (ft) Mean
Attachments Parallel to Shore of Total Dock Lower
#of (excluding (excluding Perpendicular Low
OwnersA mainstem) mainstem) to Shore',' Water
1 350 30 120D 7
2 550 60 125°
3 to 4 750 60 130D
5 to 6 950 60 140D
7 to 8 1150 60 150
9 to 10 1350 60 160
A For community docks,the#of owners is the#of residential lots in shoreline jurisdiction to
a maximum of 10.
B Measured from the ordinary high water mark.
C See MCC 17.50.320.B.2.e
D The Administrator may approve a different dock length when needed,to avoid known
eelgrass beds,forage fish habitats,or other near shore resources up to a maximum of 150
feet(as measured from OHWM),beyond which would require a Variance.
ix. Pilings.
(a) Pilings subject to abrasion and subsequent deposition of material into the
water shall incorporate design features to minimize contact between all of the
different components of overwater structures during all water elevations.
(b) Use the minimum number of piling necessary to build a safe structure. Pile
spacing shall be consistent with requirements of DNR use authorization (when
applicable) and WDFW Hydraulic Project Approval.
(c) Dolphins are not permitted.
(d) A maximum of two moorage piles may be installed to accommodate the
moorage of boats exceeding the length of the floats.
g. Non-Residential Docks and Unattached Floats:
i. Docks and unattached floats associated with commercial, industrial, port or public
recreational developments should be permitted only when the applicant has
demonstrated that a specific need exists to support the intended water-dependent
uses and that the proposal meets the applicable use regulations in MCC 17.50.200.
ii. Water-related and water-enjoyment uses may be allowed as part of mixed-use
development on over-water structures where they are clearly auxiliary to and in
support of water-dependent uses, provided the minimum size requirement needed
to meet the water-dependent use is not violated.
SHORELINE MASTER PROGRAM December 20, 2021 Page 103
iii. There is no maximum length, width or height for public, commercial, or industrial
docks.
If a port district or other public or commercial entity involving water-dependent
uses has performed a needs analysis or comprehensive master plan projecting the
future needs for dock space, and if the plan or analysis is approved by the County
and consistent with these guidelines, it may serve as the necessary justification for
pier design, size, and construction.The intent of this provision is to allow ports and
other entities the flexibility necessary to provide for existing and future water-
dependent uses.
iv. The proponent must show the size of the proposal is the minimum necessary to
allow the intended use.
V. See Mining section for associated piers and docks (this chapter does not apply).
3. Mooring Buoys
a. The installation and use of mooring buoys in marine waters shall be consistent with all
applicable federal and state laws, including the other state Departments of Fish &
Wildlife, Health, and/or Natural Resources standards.
b. Buoys shall be located and managed in a manner that avoids and minimizes impacts from
the buoy and the boat on eelgrass and other aquatic vegetation.
C. Mooring buoys shall have a mid-line float system installed; mid-line float must hold the
tether line off the bottom at all tides; and locate the mid-line float at a distance from the
anchor that is equal to 1/3 of the water depth at mean high water(MHW).
d. New buoys that would result in being defined as a Marina under the Department of
Health and possibly causing a closure of local shellfish beds for future harvest, per the
National Shellfish Sanitation Standards, shall be prohibited.
e. No more than one (1) mooring buoy for each waterfront lot shall be permitted unless
greater need is demonstrated by the proponent and documented by the County. In cases
such as those of a community park with recreational users or a residential development
with lot owners both on and away from the shoreline needing moorage, community
moorage facilities shall be used instead of mooring buoys.This regulation does not apply
to public recreational uses.
4. Boat Lifts and Overwater Davits
a. Boat lifts shall be placed as far waterward of the OHWM as feasible and safe.
b. Design the grid/lift so that the bottom of the grid/lift (not including the footings) rests at
least 1 foot above the substrate and does not rest on the substrate at any time.
C. Residential boat lifts and davits waterward of the ordinary high water mark shall not be
covered.
d. In freshwater, a Habitat Management Plan is not required to install a boat lift adjacent to
an existing dock.
SHORELINE MASTER PROGRAM December 20, 2021 Page 104
17.50.325 DREDGING AND DREDGING MATERIAL DISPOSAL
A. DREDGING AND DREDGE MATERIAL DISPOSAL- POLICIES
1. Upstream migration and downstream escapement of migratory fish should be considered. If
dredging operations wholly involve a creek, stream, or river channel, or other recognized fish
migration route,these operations should follow established state and federal work windows
to allow for successful passage of these fish.
2. Dredging operations can be extremely detrimental and should be carried out only where
alternatives are infeasible and where the dredging is:
a. part of an approved effort to preserve, protect, or improve existing ecological conditions;
or
b. necessary to support an existing legal use or a proposed water dependent use or essential
public facility; or
c. part of a federal or state approved clean-up program; or
d. part of an approved beach nourishment project; or
e. required to provide public access for a substantial number of people.
3. Dredging and dredge disposal operations should be the minimum needed to accommodate
the allowed use or development.
4. Dredging for the purpose of obtaining fill or building material should not be allowed except
where necessary for environmental restoration.
5. Dredge spoil disposal is discouraged within channel migration zones.
B. DREDGING AND DREDGE MATERIAL DISPOSAL- REGULATIONS
1. Dredging shall be permitted or otherwise authorized where there are no feasible alternatives
and provided any unavoidable environmental impacts can be mitigated as described in a
Habitat Management Plan:
a. If it is necessary to maintain, deepen or widen navigation channels to assure the safety
and efficiency of existing navigational uses.
b. If it is necessary to maintain, deepen or widen commercial moorage at approved harbors,
marinas, or ports.
c. If it is necessary to develop or maintain essential public infrastructure and facilities when
other approaches are not feasible.
d. If it is necessary in conjunction with a County-approved comprehensive flood control
management plan.
e. If it is necessary in creating solid foundations for placement of concrete, riprap, and other
building materials as part of a water-dependent or priority use.
f. If it is part of environmental clean-up activities required by the Model Toxics Control Act
or Comprehensive Environmental Response, Compensation and Liability Act.
g. If it is part of an approved restoration project(see 17.50.260) benefiting water quality
and/or fish and wildlife habitat.
SHORELINE MASTER PROGRAM December 20, 2021 Page 105
h. If it is necessary to create or maintain public access from the shore to navigable water,
including construction of public piers and docks.
i. If it is necessary to maintain lagoons, ponds and other areas used by water-dependent
industry.
2. Proponents of new development shall locate and design such development to avoid or, if
avoidance is not possible,to minimize the need for new dredging and maintenance dredging.
3. Maintenance dredging that meets the maintenance exemption in WAC 173-27-040 shall be
considered as a Shoreline Exemption. Restoration dredging shall be considered Substantial
Development. Non-maintenance dredging(except for restoration dredging for restoration
projects) may be considered as a Conditional Use.
4. Additional Dredging restrictions are as follows:
a. Dredging operations shall not cause damage to adjacent shorelines or marine
developments.
b. Dredging operations shall be monitored to minimize any leaks or spillage of dredged
materials.
c. Dredging machinery or vessels shall use reasonable precautionary measures to prevent
petroleum from entering the water.
S. Dredged material, if deposited on shorelands, shall be contained or otherwise managed and
monitored to prevent undesirable erosion. Dredged material disposal on land shall be
considered fill and subject to applicable fill regulations.
6. Dredged material, when deposited waterward of the ordinary high water mark shall comply
with the Dredged Material Evaluation & Disposal Procedures User Manual and other
applicable local, state, and federal regulations. Depositing of dredge material in water areas
shall be allowed only for habitat improvement,to correct problems of material distribution
adversely affecting fish and shellfish resources,to remediate contaminated sediments, or
where the alternatives of depositing material on land are more detrimental to shoreline
resources than depositing in water areas.
7. Proposals for dredged material disposal shall be evaluated for their potential to cause adverse
environmental impacts. Dredged material disposal shall be permitted only when the
proponent demonstrates all of the following:
a. The proposed action will not cause significant and/or ongoing damage to water quality,
fish, shellfish and/or other biological resources; and
b. The proposed action will not adversely alter natural drainage, water circulation, sediment
transport, currents, or tidal flows or significantly reduce floodwater storage capacities;
and
c. The proposed action includes all feasible mitigation measures to protect marine,
estuarine, freshwater and terrestrial species and habitats.
8. Dredging gravel for flood management purposes shall be consistent with an adopted flood
hazard reduction plan and a biological and geomorphological study showing that extraction
has a long-term benefit to flood hazard reduction, and that impacts to ecological functions are
avoided, and where unavoidable, are mitigated.
SHORELINE MASTER PROGRAM December 20, 2021 Page 106
9. Dredging and dredge disposal operations shall be the minimum needed to accommodate the
allowed use or development.
10. Applications for dredging projects shall include the following information:
a. A description of the purpose of the proposed dredging and an analysis of compliance with
the policies and regulations of this Program.
b. A detailed description of the existing physical character, shoreline geomorphology and
biological resources provided by the area proposed to be dredged, including a site plan
map outlining the perimeter of the proposed dredge area, and information on stability of
bedlands adjacent to proposed dredging and spoils disposal areas.
c. A detailed description and analysis of the physical, chemical and biological characteristics
of the dredge spoils to be removed.
d. A description of the method of materials removal, including facilities for settlement and
movement.The description shall include estimates of the frequency and quantity of
project maintenance dredging.
e. Detailed plans for dredge spoil disposal, including specific land or water disposal sites and
relevant information on the disposal site.
17.50.330 FLOOD CONTROL
A. FLOOD CONTROL- POLICIES
1. Flood control planning should be undertaken in a coordinated manner among affected
property owners and public agencies and should consider entire systems or sizable stretches
of rivers, lakes or marine shorelines. Thus planning should consider the off-site erosion,
accretion or flood damage that might occur as a result of stabilization or protection structures
or activities.
2. Flood control planning should be comprehensive and long-term and focused on preventing
flood damage, maintaining or restoring the natural hydraulic capacity of streams and
floodplains, and conserving or restoring valuable resources such as fish,water, soil, and
recreation and scenic areas.
3. Flood control projects should be located, designed, constructed and maintained to provide:
a. Protection of the physical integrity of the shore process corridor and other properties
which may be damaged by interruptions of the geohydraulic system;
b. Protection of water quality and natural ground water movement;
C. Protection of valuable fish and other life forms and their habitat vital to the aquatic food
chain; and
d. Preservation of valuable recreation resources and aesthetic values such as point and
channel bars, islands and other shore features and scenery.
4. Non-structural flood control solutions should be used wherever possible, including prohibiting
or limiting development in historically flood prone areas, regulating structural design and
limiting increases in peak flow runoff from new upland development. The structural solution
SHORELINE MASTER PROGRAM December 20, 2021 Page 107
to reduce the identified flood hazard shall be allowed, after it is demonstrated that non-
structural solutions would not be able to reduce the damage. The structural solution with the
least impact on shoreline ecological functions—such as overflow corridors and setback levees
—should be preferred over structural approaches with greater impact.
5. Substantial stream channel modification, realignment and straightening should be
discouraged as a means of flood control.
6. In design of public flood control projects, consideration should be given to providing public
pedestrian/ non-motorized access to the shoreline for outdoor recreation. New flood control
structures should not unduly interfere with navigation, water-related recreation or other
existing public access to public waters.
7. New flood control structures should only be allowed where there is a documented need to
protect an existing structure or new public transportation or utility structure where no other
feasible alternative exists or the alternative would result in unreasonable and
disproportionate cost.
8. New development should be limited in flood-prone areas, and should be generally designed
and located to preclude the need for flood control structures. New or expanded development
or uses in the shoreline, including subdivision of land,that would likely require flood control
structures within a stream, channel migration zone, or floodway should be prohibited.
B. FLOOD CONTROL- REGULATIONS
1. The County shall require and utilize the following information, prepared by qualified
engineers, hydrologists, and ecologists during its review of flood control projects:
a. River channel hydraulics and floodway characteristics up and downstream from the
project area;
b. Existing shoreline stabilization and flood control works within the area;
C. Physical,geological and soil characteristics of the area; and
d. Predicted impact upon area shore and hydraulic processes, adjacent properties and
shoreline and water uses, including:
i. An analysis of the flood frequency, duration and severity and expected health and
safety risks as a rationale and justification for the proposed structure.
ii. The potential for increasing the base flood elevation, changes in stream velocity,
and the potential for redirection of the normal flow of the affected stream.
iii. A description of proposed plans to remove vegetation.
e. Impacts on valuable recreation resources and aesthetic values such as point and channel
bars, islands and other shore features and scenery.
f. A Habitat Management Plan that identifies how impacts will be avoided, minimized
and/or mitigated.The plan shall include requirements for monitoring of any mitigation
actions.
g. Proposed provisions for accommodating public access to and/or along the affected
shoreline in funded public projects, as well as any proposed on-site recreational features.
SHORELINE MASTER PROGRAM December 20, 2021 Page 108
2. The County shall require professional design of flood control projects, where permitted, to
ensure such projects do not cause interference with normal river geohydraulic processes,
leading to erosion of other upstream and downstream shoreline properties, or adverse effects
to shoreline resources and uses.
3. Flood control structures shall be permitted only when credible engineering and scientific
evidence demonstrates that:
a. They are necessary to protect existing, lawfully established developments; or new,
lawfully established bridges, utility lines, and other public utility and transportation
structures where no other feasible alternative exists or the alternative would result in
unreasonable and disproportionate cost; and
b. Non-structural flood control measures are infeasible.
4. Dams proposed for the sole purpose of flood control shall be prohibited.
5. All flood control structures shall be prohibited in Natural and Aquatic environments; except
that limited elements of flood control structures may be permitted in Aquatic environments
where such location is necessitated by the design of the flood control project.
6. Flood control structures may be considered as a Conditional Use_in Commercial, Residential,
Rural and Conservancy designations. Where allowed, flood control structures shall meet all
requirements of this program, and PROVIDED they:
a. Shall be set back from the ordinary high water mark or channel migration zone consistent
with incorporated Resource Ordinance buffers
b. Shall be located outside of the mapped floodway;
c. Shall be located landward of associated wetlands and wetland buffers, as determined
consistent with the incorporated Resource Ordinance.
d. Shall be setback to the landward-most edge of all such buffers and setbacks in instances
when multiple buffers apply.
7. Timing and construction shall be coordinated with WDFW and other applicable state, and
federal agencies, including acquiring necessary permits and approvals;
8. Flood control measures shall be planned and constructed based on a state approved flood
hazard management plan,when available, and in accordance with
a. The National Flood Insurance Program and Mason County's Flood Damage Prevention
Ordinance (MCC 14.22);
b. An adopted Comprehensive Flood Hazard Management Plan, if available;
c. The County Comprehensive Plan; and
d. Washington Department of Fish and Wildlife Aquatic Habitat Guidelines technical manual
standards.
9. New public flood control structures, such as dikes and levees, shall dedicate and improve
public access pathways unless such improvements would cause unavoidable health or safety
hazards to the public, inherent and unavoidable security problems, unacceptable and
unmitigable significant ecological impacts, unavoidable conflict with the proposed use,
unavoidable conflict with private property rights, or a cost that is disproportionate and
unreasonable to the total long-term cost of the development.
SHORELINE MASTER PROGRAM December 20, 2021 Page 109
10. Removal of gravel for flood control purposes shall be consistent with an adopted Flood Hazard
Management Plan and only permitted after a biological and geomorphological study
demonstrates that extraction has a long term benefit to flood hazard reduction, does not
result in a net loss of shoreline ecological functions, and is part of a comprehensive flood
management solution.
17.50.335 GRADING
A. GRADING - POLICIES
1. Any permitted grading should be designed so that no significant damage to existing ecological
functions or natural resources, or alteration of water flow will occur, creating a hazard to
adjacent life, property, ecological functions, or natural resources.
2. In evaluating grading projects and in designating areas appropriate for grading, such factors as
total surface water reduction, navigation restriction, impediment of water flow and
circulation, reduction of water quality and destruction of habitat and alteration of ecological
processes should be considered.
B. GRADING - REGULATIONS
1. Grading waterward of the ordinary high-water mark or in wetlands for ecological restoration
projects that have been authorized by a state agency shall not require a Conditional Use
Permit.
All other grading is prohibited waterward of the ordinary high water mark or in wetlands,
except that they may be considered as a Conditional Use for the following activities:
a. Water dependent aquacultural practices;
b. Water dependent uses where no upland or structural alternative is possible;
c. Public access where no other upland or structural alternative is possible;
d. Cleanup and disposal of contaminated sediments as part of an interagency environmental
clean-up plan;
e. Disposal of dredged material considered suitable under, and conducted in accordance
with the dredged material management program of the Washington Department of
Natural Resources;
f. Expansion or alteration of transportation facilities of statewide significance currently
located on the shoreline, upon a demonstration that alternatives to fill are not feasible;
g. Mitigation actions;
h. In wetlands, grading associated with construction of a single-family residence, provided
the mitigation sequence has been followed and all other necessary state and/or federal
permits obtained.
2. The regulations in this chapter do not apply to the fill necessary for shoreline stabilization
measures, excavation below the ordinary high-water mark(dredging), or to mining.
SHORELINE MASTER PROGRAM December 20, 2021 Page 110
3. Proposals for grading in wetlands shall also follow Resource Ordinance regulations (MCC
8.52.110).
4. Surface water drainage associated with grading and fill during and after construction shall be
managed consistent with Mason County's current stormwater standards.
5. Permitted grading shall be appropriately sloped and planted with native vegetation to prevent
erosion.
6. Applications for grading projects shall include the following information (at a minimum):
a. Character and source of fill material;
b. Method of placement and compaction;
C. Type of surfacing proposed, if any;
d. Method of perimeter erosion control;
e. Proposed use of graded area;
f. Location of fill and excavation material relative to property lines and to natural or existing
drainage patterns;
g. Proposed revegetation and/or landscaping;
7. Perimeters of fills shall be provided with vegetation, retaining walls, or other mechanisms for
erosion prevention. Fill shall be located and designed so that shoreline stabilization
structures are not needed to protect the fill material. Exceptions may be allowed for approved
restoration projects.
8. Fill materials shall be of such quality that they will not cause degradation of water quality. Fill
materials shall consist of clean sand, gravel, soil, rock or similar material.The use of
contaminated material or construction debris is prohibited.
9. After fill material is deposited and/or graded,the site shall be monitored for a minimum of
three years for weeds that are on the Mason County Noxious Weed List. Fills greater than 250
cubic yards and/or with more than 1,000 square feet(not covered by concrete or asphalt)
shall be inspected by a qualified professional at least once during the three year monitoring
period, but not sooner than a year after the fill is graded. All Mason County regulated weeds
shall be controlled as required by RCW 17.10 utilizing using methods recommended by the
Mason County Noxious Weed Control Program or other vegetation control specialist.
10. Sanitary landfills and solid waste disposal sites are prohibited uses within the shoreline
jurisdiction.
11. Grading shall only be allowed as part of an approved shoreline use or development activity.
When allowed,grading shall be located, designed and constructed in a manner that avoids
impacts to the shoreline environment,floodplains, and channel migration zones consistent
with General Regulations. Unavoidable impacts shall be mitigated.
12. For water-dependent uses upland of the ordinary high water mark, grading may be permitted
in Residential, Commercial and Rural designations; and may be considered as a Conditional
Use in the Conservancy and Natural environments.
13. For non-water-dependent uses upland of the ordinary high water mark, grading may be
considered as a Conditional Use.
SHORELINE MASTER PROGRAM December 20, 2021 Page 111
17.50.340 SHORELINE STABILIZATION
A. SHORELINE STABILIZATION - POLICIES
1. Unarmored shorelines should be preserved to the greatest extent feasible to protect the
ecological functions that shorelines provide.
2. Non-structural shoreline stabilization measures should be used to protect structures from
erosion wherever feasible. Non-structural shoreline stabilization measures include relocating
structures away from the water, enhancing vegetation, and managing drainage and runoff.
3. Shoreline stabilization measures should be located, designed and maintained to protect
natural shore features and the integrity of the natural geohydraulic system, including feeder
bluffs, littoral drift corridors and accretion beaches.
4. Shoreline stabilization measures should be located, designed and maintained in a manner that
will conserve and enhance water quality, fish, shellfish, and other wildlife resources and
habitats.
5. Owners of property containing feeder bluffs should be discouraged from constructing
shoreline stabilization structures, particularly in areas not already developed or not already
subject to shoreline modification.
6. Shoreline stabilization structures should be permitted only where protection to upland areas
or facilities is provided, not for the indirect purpose of creating land by filling behind the
structure.
7. Adjacent property owners should be encouraged to coordinate bio-engineered stabilization
measures for an entire drift sector.
8. Structural shoreline stabilization measures, including bulkheads, should be allowed only where
evidence is present that one of the following conditions exists:
a. Serious wave erosion threatens an established use or existing buildings on upland
property.
b. The proposed structure is necessary to the operation and location of water dependent
and/or water related activities consistent with the Master Program.
c. Other alternatives are demonstrated to be infeasible and that the proposed structure
meets other policies and regulations of this chapter.
d. The proposed structure is necessary to replace a bulkhead which has failed within the
past five years.
e. The proposed action is a repair or maintenance of a bulkhead that is constructed at or
near the ordinary high water mark to protect a primary structure, not for the purposes of
creating land.
9. Shoreline stabilization projects on public lands should be designed to accommodate multiple
use, restoration, and/or public access, provided that safety and ecological protection are fully
addressed.
10. New development should be located and designed to avoid the need for future shoreline
stabilization to the extent feasible.
SHORELINE MASTER PROGRAM December 20, 2021 Page 112
11. Land subdivisions should be designed to assure that lots created will not require shoreline
stabilization in order for development to occur.
12. Information should be made available upon request (or upon permit application)to existing
and prospective shoreline property owners so they are informed about the risks of living in
areas that are prone to erosion, channel migration, landslides and other hazards.
13. Where feasible,the Department should encourage the removal of any failing, harmful,
unnecessary, or ineffective structural shoreline armoring and the improvement of ecological
functions and processes using non-structural methods.
14. Non-regulatory methods to protect, enhance, and restore shoreline ecological functions and
other shoreline resources should be encouraged. Non-regulatory methods may include public
facility and resource planning, technical assistance, education,voluntary enhancement and
restoration projects, land acquisition and restoration,tax breaks, permit fee reductions or
other financial incentive programs.
15. Where sediment conveyance systems cross jurisdictional boundaries, local governments
should coordinate shoreline management efforts. If beach erosion is threatening existing
development, local governments should adopt master program provisions for a beach
management district or other institutional mechanism to provide comprehensive mitigation
for the adverse impacts of erosion control measures.
B. SHORELINE STABILIZATION - REGULATIONS
1. New development shall be located and designed to avoid the need for future shoreline
stabilization to the extent feasible. Subdivision of land must be regulated to assure that the
lots created will not require shoreline stabilization in order for reasonable development to
occur using geotechnical analysis of the site and shoreline characteristics.
a. When a Geotechnical Report or Geological Assessment is required for primary structures
and appurtenances per the Landslide Hazard, Erosion Hazard, or Seismic Hazard Chapters
of the Resource Ordinance, in addition to the requirements in 8.52.140, they shall
consider sea level rise, if applicable, and include the following:
i. A site plan, drawn to scale and stamped/signed by the author of the report or
assessment,that shows the ordinary high water mark(OHWM),the crest of the
bluff or shoreline bank(if applicable), the development envelope (including
proposed or recent clearing and grading), and the proposed structures.
ii. The geotechnical report shall assert that proposed development or uses are set
back sufficiently to ensure that shoreline stabilization is unlikely to be necessary
during the life of the structure. In addition, buffer widths for marine bluffs shall be
equal to or greater than a distance from the OHWM landward at a slope of 2:1
(horizontal to vertical)that intersects with the existing topography of the site.
b. New development that would require shoreline stabilization which causes significant
impacts to adjacent or down-current properties and shoreline areas is not allowed.
2. New structural stabilization measures shall not be allowed except as follows:
a. To protect existing primary structures:
i. New or enlarged structural shoreline stabilization measures for an existing primary
structure, including residences, shall not be allowed unless there is conclusive
SHORELINE MASTER PROGRAM December 20, 2021 Page 113
evidence documented by a Shoreline Geotechnical Assessment that the structure is
in danger from shoreline erosion caused by tidal action, currents, waves, or sea
level rise. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself,
without a scientific or geotechnical analysis, is not demonstration of need. The
geotechnical assessment shall evaluate on-site drainage issues and address
drainage problems away from the shoreline edge before considering structural
shoreline stabilization.
ii. The erosion control structure will not result in a net loss of shoreline ecological
functions. This shall be demonstrated in a Habitat Management Plan as required in
MCC 8.52.170(J).
iii. Primary structure means the structure or the only access associated with the
principal use of the property that cannot feasibly be relocated. It may also include
single family residential appurtenant structures that cannot feasibly be relocated.
b. In support of new non-water-dependent development, including single-family residences,
when all of the conditions below apply:
i. A Shoreline Geotechnical Assessment demonstrates the following:
(a) The erosion is not being caused by upland conditions, such as the loss of
vegetation and drainage on the subject lot.
(b) Nonstructural measures, such as placing the development further from the
shoreline, planting vegetation, or installing on-site drainage improvements,
are not feasible or not sufficient.
(c) A need to protect primary structures from damage due to erosion.The
damage must be caused by natural processes, such as tidal action, currents,
and waves.
ii. The erosion control structure will not result in a net loss of shoreline ecological
functions. This shall be demonstrated in a Habitat Management Plan as required
in MCC 8.52.170(J).
C. In support of water-dependent development when all of the conditions below apply:
i. A Shoreline Geotechnical Assessment demonstrates the following:
(a) The erosion is not being caused by upland conditions, such as the loss of
vegetation and drainage.
(b) Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient.
(c) A need to protect primary structures from damage due to erosion.
ii. The erosion control structure will not result in a net loss of shoreline ecological
functions. This shall be demonstrated in a Habitat Management Plan as required in
MCC 8.52.170(J).
d. To protect the restoration of ecological functions, hazardous substance remediation
pursuant to chapter 70.105.1) RCW, essential public facilities, public lands that facilitate
shoreline access for substantial numbers of people, public health safety and welfare, or
unique natural and cultural resources when all of the conditions below apply:
SHORELINE MASTER PROGRAM December 20, 2021 Page 114
i. Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient.
ii. The shoreline stabilization structure will not result in a net loss of shoreline
ecological functions.
3. When structural shoreline stabilization measures are demonstrated to be necessary, pursuant
to above provisions, proposals for new shoreline stabilization shall:
a. Limit the size of stabilization measures to the minimum necessary.
b. Use measures designed to assure no net loss of shoreline ecological functions, as
demonstrated in a Habitat Management Plan as required in MCC 8.52.170(J).
C. Include a Shoreline Geotechnical Assessment that, in addition to the requirements for
assessments in subsection (2) above, addresses the following:
i. The need to prevent potential damage to a primary structure or to protect public
health and welfare. The assessment shall address the necessity for shoreline
stabilization by estimating time frames and rates of erosion and report on the
urgency associated with the specific situation.
ii. If a hard armoring solution is proposed,the assessment shall also confirm that
there is a significant possibility that a primary structure will be damaged within
three (3)years as a result of shoreline erosion in the absence of such hard armoring
measures, or where waiting until the need is that immediate would foreclose the
opportunity to use measures that avoid impacts on ecological functions or the
opportunity to protect public health or welfare.Thus,where the Geotechnical
Assessment confirms a need to prevent potential damage to a primary structure,
but the need is not as immediate as the three years,the report may still be used to
justify more immediate authorization to protect against erosion using soft
measures.
"Hard" structural stabilization measures refer to those with solid, hard surfaces,
such as concrete bulkheads,while "soft" structural measures rely on less rigid
materials, such as biotechnical vegetation measures or beach enhancement.
Measures range from soft to hard.
SOFT:
• Vegetation enhancement;
• Upland drainage control;
• Biotechnical measures;
• Beach enhancement;
• Anchor trees and/or root wads;
• Gravel placement;
HARD:
• Rock revetments;
• Gabions (prohibited);
• Concrete groins;
• Retaining walls and bluff walls;
SHORELINE MASTER PROGRAM December 20, 2021 Page 115
• Bulkheads; and Seawalls.
Note: For properties on or near designated landslide,seismic, or erosion hazard
areas, a Shoreline Geotechnical Assessment required by this program may be
combined with the Geological Assessment, Geotechnical Report and/or a Soil
Erosion and Sediment Control Plan required under MCC 8.52.140-160.
d. Locate structural stabilization measures at or above the OHWM unless a Shoreline
Geotechnical Assessment demonstrates a need based on safety, or where a Habitat
Management Plan demonstrates a net benefit to shoreline functions. If the Shoreline
Geotechnical Assessment or the Habitat Management Plan demonstrates that the need
to locate the proposed structure waterward of the OHWM,the Department of Natural
Resources should be consulted to assess the potential impacts to State Owned Aquatic
Lands (SOALs).
e. On rivers subject to erosion, locate stabilization measures sufficiently landward of the
stream channel to allow streams to maintain point bars and associated aquatic habitat
through normal accretion. New structures shall be prohibited on estuarine shores, on
point and channel bars, and in channel migration zones unless the structure is necessary
to protect public, health safety and welfare and unavoidable impacts are mitigated.
f. Hard armoring shall be sited and designed to meet all of the following criteria in addition
to the other regulations in this section:
i. They shall be located generally parallel to the shoreline. Adequate bank toe
protection shall be provided to ensure bulkhead stability without relying on
additional riprap; and
ii. They shall be located so as to tie in flush with existing hard armoring on adjoining
properties, except when adjoining hard armoring structures do not comply with the
design or location requirements set forth in this Program.
g. Ensure that publicly financed or subsidized shoreline measures do not restrict
appropriate public access to the shoreline except where such access is determined to be
infeasible because of incompatible uses, safety, security, or harm to ecological functions.
Where feasible, incorporate ecological restoration and public access improvements into
the project.
h. Mitigate new erosion control measures, including replacement structures, on feeder
bluffs or other actions that affect beach sediment-producing areas to avoid and, if that is
not possible,to minimize adverse impacts to sediment conveyance systems.
i. When proposing soft stabilization, fees associated with Community Services Department
applications and reviews shall be reduced by half.
4. The following pertains to all (new, replaced, or repaired) shoreline stabilization:
a. The use of solid waste,junk, abandoned automobiles or asphalt or building demolition
debris is prohibited in the construction or maintenance of shoreline stabilization
structures.
b. Gabions are prohibited as a means of stabilizing shorelines because of their limited
durability and the potential hazard to shoreline users and the shoreline environment.
C. Beach materials shall not be used for fill material behind bulkheads.
SHORELINE MASTER PROGRAM December 20, 2021 Page 116
d. Stairways shall be located 'in line' or landward of bulkheads except where proven
infeasible.
5. Repair and Replacement.
a. An existing shoreline stabilization structure may be replaced with a similar structure if
there is a demonstrated need to protect principal uses or structures from erosion caused
by currents,tidal action, or waves and not caused by normal sloughing, vegetation
removal, or poor drainage.
b. Replacement of a failed bulkhead shall be permitted in the same location and dimension
as the original bulkhead, if such replacement is commenced within five (5) years of
failure.The burden of proof of location of the original bulkhead shall be on the applicant.
c. The replacement structure should be designed, located, sized, and constructed to assure
no net loss of ecological functions.
d. Replacement walls or bulkheads shall not encroach waterward of the ordinary high-water
mark or existing structure unless the residence was occupied prior to January 1, 1992,
and there are overriding safety or environmental concerns. In such cases,the
replacement structure shall abut the existing shoreline stabilization structure.
e. When an existing bulkhead is being repaired or replaced, construction shall occur no
further waterward of the existing bulkhead than is necessary for construction of the new
footing.
f. Where a net loss of ecological functions associated with critical saltwater habitats would
occur by leaving the existing structure, remove it as part of the replacement measure.
g. Soft shoreline stabilization measures that provide restoration of shoreline ecological
functions may be permitted waterward of the ordinary high-water mark.
h. For purposes of this section standards on shoreline stabilization measures, "replacement"
means the construction of a new structure to perform a shoreline stabilization function of
an existing structure which can no longer adequately serve its purpose.
i. Additions to or increases in size of existing shoreline stabilization measures shall be
considered new structures, except that 'capping' an existing bulkhead may be considered
repair if the following criteria are met:
i. The cap is two feet in height or less (cumulative over ten years) and no more wide
than the bulkhead; and
ii. All native trees and shrubs are preserved in place.
j. When replacing hard armoring with soft stabilization,fees associated with Community
Services Department applications and reviews shall be reduced by half.
6. Shoreline stabilization projects may also require permits/approvals from the Washington
Department of Fish and Wildlife (Hydraulic Project Approval), Washington Department of
Natural Resources(lease authorization on State Owned Aquatic Lands), and the United States
Army Corps of Engineers. As required by WDFW rules, projects shall incorporate mitigation
measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish
habitat.
SHORELINE MASTER PROGRAM December 20, 2021 Page 117
17.50.400 Permits, Exemptions, and Appeals
A. GENERAL REQUIREMENTS FOR ALL USES AND DEVELOPMENT
1. No authorization to undertake use or development on shorelines of the state shall be granted
by the County unless upon review the use or development is determined to be consistent with
the policy and provisions of the Shoreline Management Act and this master program. The
burden of proving that the proposed development is consistent with these criteria shall be on
the applicant.
2. Any person wishing to undertake substantial development or exempt development on
shorelines shall apply to the County for a Substantial Development Permit or a Statement of
Exemption.
3. No permit shall be issued for any new or expanded building or structure of more than thirty-
five feet above average grade level on shorelines of the state that will obstruct the view of a
substantial number of residences on areas adjoining such shorelines except where this master
program does not prohibit the same and then only when overriding considerations of the
public interest will be served.
4. A shoreline meeting, as described in MCC 15.05.020, is required for all proposals that require
Shoreline Substantial Development, Conditional Use, and/or Variance permits and some
shoreline exemptions
5. The County may attach conditions to the approval of permits or exemptions as necessary to
assure consistency of the project with the Act and this Master Program.
6. Developments and Uses Subject to Multiple Regulatory Sections. Some proposed
developments or uses will be subject to more than one regulatory section of this program. For
example, a proposed marina may be subject to regulations concerning "Dredging, Filling,
Marinas, Docks", etc. A proposed development must be reviewed for consistency with the
regulations of each applicable section. If regulations conflict,the most restrictive shall apply.
7. Adjacent Lands. The purpose of this subsection is to discuss the coordination of development
of lands adjacent to shorelines with the policies of the Master Program and the Shoreline
Management Act.A development undertaken without obtaining the applicable shoreline
permits or which is inconsistent with the regulations of the Master Program, is unlawful. On
the other hand, a use or development which is to some extent inconsistent with a policy plan
may not be unlawful, but may be denied or conditioned on the basis of its inconsistency with
the plan. These principles apply to the regulation of shoreline and adjacent lands:
a. Part of the property is inside the shoreline of the state, part is outside, and all of the
development is outside the shoreline. No shoreline permit is required because all of the
"development" lies outside the shoreline. However, uses and actions within the
shoreline,though they do not constitute "development" must be consistent with the
regulations of the Act and Shoreline Program.
b. Part of the property is in the shoreline of the state, part is outside, and all or part of the
development is proposed within the shoreline. A permit is required for"development"
within the shorelines. In addition, uses and other actions within the shorelines must
comply with Master Program regulations. Furthermore, when the development proposal
consists of a single, integrated project and a shoreline permit is required due to
SHORELINE MASTER PROGRAM December 20, 2021 Page 118
development within the shorelines, review and approval of development outside the
shorelines may be postponed until shoreline permit review is accomplished if the public
interest would be served by such a review sequence. Finally, although development
conditions may be attached to developments within shorelines, conditions may not be
attached, pursuant to the Shoreline Management Act,to aspects of a development lying
outside the shorelines.
8. Vesting of Permit Applications. An application shall become vested to the current Shoreline
Master Program (SMP) on the date a 'determination of completeness' is made.Thereafter,the
application shall be reviewed under the SMP in effect on the date of vesting; provided, in the
event an applicant substantially changes his/her proposed development after a determination
of completeness, as determined by the department,the application shall not be considered
vested to the SMP until a new determination of completeness on the changes is made.
B. DEVELOPMENT EXEMPT FROM THE SUBSTANTIAL DEVELOPMENT REQUIREMENTS
1. Exemptions Listed.
The following exempt developments shall not require a Substantial Development Permit, but
may require a Conditional Use Permit, Variance and/or a Statement of Exemption. All
developments must be consistent with the Shoreline Master Program and Shoreline
Management Act.
a. Any development of which the total cost or fair market value, whichever is higher, does
not exceed $7,047, or as amended by the state Office of Financial Management, if such
development does not materially interfere with the normal public use of the water or
shorelines of the state. For purposes of determining whether or not a permit is required,
the total cost or fair market value shall be based on the value of development that is
occurring on shorelines of the state as defined in RCW 90.58.030(2)(e).The total cost or
fair market value of the development shall include the fair market value of any donated,
contributed or found labor, equipment or materials.
b. Normal maintenance or the repair of existing structures or developments, including
damage by accident,fire or elements. "Normal maintenance" includes those usual acts to
prevent a decline, lapse, or cessation from a lawfully established condition. "Normal
repair" means to restore a development to a state comparable to its original condition,
including but not limited to its size, shape, configuration, location and external
appearance,within a reasonable period after decay or partial destruction, except where
repair causes substantial adverse effects to shoreline resource or environment.
Replacement of a structure or development may be authorized as repair where such
replacement is the common method of repair for the type of structure or development
and the replacement structure or development is comparable to the original structure or
development including but not limited to its size, shape, configuration, location and
external appearance and the replacement does not cause substantial adverse effects to
shoreline resources or environment.
c. Construction of the normal protective bulkhead common to a single-family residence. A
"normal protective" bulkhead includes those structural and nonstructural developments
installed at or near, and parallel to, the ordinary high water mark for the sole purpose of
protecting an existing single-family residence and appurtenant structures from loss or
damage by erosion.A normal protective bulkhead is not exempt if constructed for the
purpose of creating dry land. When a vertical or near vertical wall is being constructed or
SHORELINE MASTER PROGRAM December 20, 2021 Page 119
reconstructed, not more than one cubic yard of fill per one foot of wall may be used as
backfill. When an existing bulkhead is being repaired by construction of a vertical wall
fronting the existing wall, it shall be constructed no further waterward of the existing
bulkhead than is necessary for construction of new footings. When a bulkhead has
deteriorated such that an ordinary high water mark has been established by the presence
and action of water landward of the bulkhead then the replacement bulkhead must be
located at or near the actual ordinary high water mark. Beach nourishment and
bioengineered erosion control projects may be considered a normal protective bulkhead
when any structural elements are consistent with the above requirements and when the
project has been approved by the Washington Department of Fish and Wildlife.
d. Emergency construction necessary to protect property from damage by the elements. An
"emergency" is an unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time too short to allow full
compliance with this chapter. Emergency construction does not include development of
new permanent protective structures where none previously existed. Where new
protective structures are deemed by the administrator to be the appropriate means to
address the emergency situation, upon abatement of the emergency situation the new
structure shall be removed or any permit which would have been required, absent an
emergency, pursuant to chapter 90.58 RCW,these regulations, or the local master
program, obtained.All emergency construction shall be consistent with the policies of
chapter 90.58 RCW and the local master program. As a general matter, flooding or other
seasonal events that can be anticipated and may occur but that are not imminent are not
an emergency;
e. Construction and practices normal or necessary for farming, irrigation, and ranching
activities, including agricultural service roads and utilities on shorelands, and the
construction of a barn or similar agricultural structure, and construction and maintenance
of irrigation structures including but not limited to head gates, pumping facilities, and
irrigation channels; PROVIDED that a feedlot of any size, all processing plants, other
activities of a commercial nature, alteration of the contour of the shorelands by leveling
or filling other than that which results from normal cultivation, shall not be considered
normal or necessary farming or ranching activities. A feedlot shall be an enclosure or
facility used or capable of being used for feeding livestock hay, grain, silage, or other
livestock feed, but shall not include land for growing crops or vegetation for livestock
feeding and/or grazing, nor shall it include normal livestock wintering operations.
f. Construction or modification of navigational aids such as channel markers and anchor
buoys.
g. Construction on shorelands by an owner, lessee or contract purchaser of a single-family
residence for his own use or for the use of his family,which residence does not exceed a
height of thirty-five (35) feet above average grade level and which meets all requirements
of the state agency or this Master Program. "Single-family residence" means a detached
dwelling designed for and occupied by one family including those structures and
developments within a contiguous ownership which are a normal appurtenance.
Interpretations of"normal appurtenances" are set forth and regulated within the Mason
County Shoreline Master Program. Construction authorized under this exemption shall
be located landward of the ordinary high water mark.
h. Construction of a dock, including a community dock, designed for pleasure craft only,for
the private non-commercial use of the owner, lessee, or contract purchaser of a single-
SHORELINE MASTER PROGRAM December 20, 2021 Page 120
family residence and multiple-family residences. A dock is a landing and moorage facility
for watercraft and does not include recreational decks, storage facilities or other
appurtenances. This exception applies if either:
i. In salt waters,the fair market value of the dock does not exceed two thousand five
hundred dollars ($2,500); or
ii. In fresh waters,the fair market value of the dock does not exceed:
(a) Twenty two thousand five hundred dollars ($22,500), or as amended by the
state Office of Financial Management,for docks that are constructed to
replace existing docks, are of equal or lesser square footage than the existing
dock being replaced; or
(b) Eleven thousand two hundred dollars ($11,200), or as amended by the state
Office of Financial Management,for all other docks constructed in fresh
waters.
iii. However, if subsequent construction occurs within five years of completion of the
prior construction, and the combined fair market value of the subsequent and prior
construction exceeds the amount specified in either(i) or(ii) of this subsection,the
subsequent construction shall be considered a substantial development for the
purpose of this chapter.
iv. For purposes of this section, salt water shall include the tidally influenced marine
and estuarine water areas of the state including the Puget Sound and all bays and
inlets associated with any of the above.
i. Operation, maintenance or construction of canals,waterways, drains, reservoirs or other
facilities that now exist or are hereafter created or developed as a part of an irrigation
system for the primary purpose of making use of system waters, including return flow
and artificially stored ground water from the irrigation of lands.
j. The marking of property lines or corners on state owned lands, when such marking does
not significantly interfere with the normal public use of the surface of the water.
k. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed or utilized primarily as a
part of an agricultural drainage or diking system.
I. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this chapter, if:
i. The activity does not interfere with the normal public use of the surface waters;
ii. The activity will have no significant adverse impact on the environment including
but not limited to fish,wildlife,fish or wildlife habitat,water quality, and aesthetic
values;
iii. The activity does not involve the installation of any structure, and upon completion
of the activity the vegetation and land configuration of the site are restored to
conditions existing before the activity;
iv. A private entity seeking development authorization under this section first posts a
performance bond or provides other evidence of financial responsibility to the
County to ensure that the site is restored to preexisting conditions; and
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V. The activity is not subject to the permit requirements of RCW 90.58.550;
m. The process of removing or controlling aquatic noxious weeds, as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental impact statement
published by the Department of Agriculture or the Department of Ecology jointly with
other state agencies under chapter 43.21C RCW.
n. Watershed restoration projects as defined herein.The County shall review the projects
for consistency with the shoreline master program in an expeditious manner and shall
issue its decision along with any conditions within forty-five (45) days of receiving all
materials necessary to review the request for exemption from the applicant. No fee may
be charged for accepting and processing requests for exemption for watershed
restoration projects as used in this section.
i. "Watershed restoration project" means a public or private project authorized by
the sponsor of a watershed restoration plan that implements the plan or a part of
the plan and consists of one or more of the following activities:
(a) A project that involves less than ten (10) miles of stream reach, in which less
than twenty-five (25) cubic yards of sand, gravel, or soil is removed, imported,
disturbed or discharged, and in which no existing vegetation is removed
except as minimally necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock as a
stabilization only at the toe of the bank, and with primary emphasis on using
native vegetation to control the erosive forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife habitat, remove or
reduce impediments to migration of fish, or enhance the fishery resource
available for use by all of the citizens of the state, provided that any structure,
other than a bridge or culvert or in-stream habitat enhancement structure
associated with the project, is less than two hundred (200) square feet in floor
area and is located above the ordinary high water mark of the stream.
ii. "Watershed restoration plan" means a plan, developed or sponsored by the
department of fish and wildlife, the department of ecology, the department of
natural resources,the department of transportation, a federally recognized Indian
tribe acting within and pursuant to its authority, a city, a County, or a conservation
district that provides a general program and implementation measures or actions
for the preservation, restoration, re-creation, or enhancement of the natural
resources, character, and ecology of a stream, stream segment, drainage area, or
watershed for which agency and public review has been conducted pursuant to
chapter 43.21(C) RCW,the State Environmental Policy Act.
o. A public or private project,the primary purpose of which is to improve fish or wildlife
habitat or fish passage, when all of the following apply:
i. The project has been approved in writing by the department of fish and wildlife as
necessary for the improvement of the habitat or passage and appropriately
designed and sited to accomplish the intended purpose;
ii. The project has received hydraulic project approval by the department of fish and
wildlife pursuant to chapter 77.55 RCW; and
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iii. The local government has determined that the project is consistent with the local
shoreline master program.The local government shall make such determination in
a timely manner and provide it by letter to the project proponent.
p. The external or internal retrofitting of an existing structure with the exclusive purpose of
compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.)
or to otherwise provide physical access to the structure by individuals with disabilities.
2. Statements of Exemption.
a. Except where activities are exempted from review by statute,the County is hereby
authorized to grant or deny requests for statements of exemption from the shoreline
Substantial Development Permit requirement for uses and developments within
shorelines that are specifically listed above. Such statements shall be applied for on
forms provided by the County.
b. The County's statement shall be in writing and shall indicate the specific exemption of
this Program that is being applied to the development, and shall provide a summary of
the County's analysis of the consistency of the project with this Program and the Act.
c. The exemption granted may be conditioned to ensure that the activity is consistent with
the Master Program and the Shoreline Management Act.
d. A denial of an exemption shall be in writing and shall identify the reason(s)for the denial.
The County's actions on the issuance of a statement of exemption or a denial are subject
to appeal pursuant to the appeal provisions in MCC Title 15.11.020.
e. Exempt activities related to any of the following shall not be conducted until a statement
of exemption has been obtained from the County:
i. Activities that require a U.S. Army Corps of Engineers Section 10 permit under the
Rivers and Harbors Act of 1899 or a Section 404 permit under the Federal Water
Pollution Control Act of 1972.The County shall send copies of written statements
to the Washington Department of Ecology pursuant to WAC 173-27-050.
ii. New aquaculture activities that do not constitute substantial development or
otherwise require a Shoreline Permit. A written statement of exemption
constitutes a valid authorization to conduct new or expanding aquaculture
activities.
f. Applications that are processed as a Mason Environmental Permit per MCC 8.52.190(C),
and do not require a Shoreline Variance, Shoreline Substantial Development Permit, or
Shoreline Conditional Use shall instead be processed as a Shoreline Exemption.
g. Exemptions shall be construed narrowly. Only those developments that meet the precise
terms of one or more of the listed exemptions may be granted exemption from the
Substantial Development Permit process.
h. An exemption from the Substantial Development Permit process is not an exemption
from compliance with the Act or this Program, or from any other regulatory
requirements.To be authorized, all uses and developments must be consistent with the
policies and regulatory provisions of this Program and the Act.
i. A development or use that is listed as a conditional use pursuant to this Program or is an
unlisted use, must obtain a Conditional Use Permit even if the development or use does
not require a Substantial Development Permit.
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j. When a development or use is proposed that does not comply with the bulk, dimensional
and/or performance standards of the Program, such development or use shall only be
authorized by approval of a Shoreline Variance, even if the development or use does not
require a Substantial Development Permit.
k. The burden of proof that a development or use is exempt from the permit process is on
the applicant.
I. If any part of a proposed development is not eligible for exemption,then a Substantial
Development Permit is required for the entire project.
m. Before determining that a proposal is exempt,the County may conduct a site inspection
to ensure that the proposal meets the exemption criteria.
C. SHORELINE PERMITS: SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE,AND
VARIANCE
1. Permit Application.
The information requested on the application,the applicant shall provide, at a minimum,the
following information:
a. SITE PLAN -drawn to scale and including:
i. The boundary of the parcel(s) of land upon which the development is proposed;
ii. The ordinary high water mark (OHWM). This may be an approximate location
provided,that for any development where a determination of consistency with the
applicable regulations requires a precise location of the OHWM the mark shall be
located precisely and the biological and hydrological basis for the location as
indicated on the plans shall be included in the development plan. Where the
OHWM is neither adjacent to or within the boundary of the project,the plan shall
indicate the distance and direction to the nearest OHWM of a shoreline;
iii. Where appropriate, the proposed land contours using five-foot intervals in water
area and ten-foot intervals on areas landward of OHWM, if development involves
grading, cutting, filling, or other alteration of land contours;
iv. The dimensions and location of existing structures which will be maintained;
V. The dimensions and locations of proposed structures; parking and landscaping;
vi. The location of proposed utilities, such as sewer, septic tanks and drain fields,
water,gas and electricity;
vii. The location, source, composition, and volume of fill material;
viii. The location, composition and volume of any extracted materials, and proposed
disposal area;
b. CROSS SECTION, drawn to scale including:
i. The existing ground elevations;
ii. The proposed ground elevations;
iii. The location and height of existing structures;
iv. The location and height of proposed structures;
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V. The OHWM.
c. VICINITY MAP, including:
i. The location of subject parcel using natural points of reference (roads, state
highways, prominent landmarks, etc.).
ii. If the development involves the removal of any soils by dredging or otherwise,
identify the proposed disposal site on the map. If disposal site is beyond the
confines of the vicinity map, provide another vicinity map showing the precise
location of the disposal site and its distance to nearest city or town.
iii. On the map, or separately, give a brief narrative description of the vicinity of the
proposed project including identification of the adjacent uses, structures and
improvements, intensity of development and physical characteristics.
d. ADJACENT LANDOWNERS. Provide names and mailing addresses of all real property
owners within 300 feet of property line boundaries where development is proposed.
e. FEES. A filing fee in an amount established by the Board of County Commissioners shall
be paid to the Community Services Department at the time of application.
Completed application and documents shall be submitted to the County for processing and
review. Any deficiencies in the application or documents shall be corrected by the applicant
prior to further processing.
2. Permit Process.
a. Notice of Application.
i. A Notice of Application/Public Hearing shall be provided according to MCC
15.07.010 and 15.07.030. Advertising costs will be the responsibility of the
applicant. The public comment period shall be no less than thirty(30) days
following the date of Notice of Application. A public hearing shall not be held prior
to thirty(30) days following the date of the notice.
ii. All persons who so submit their views shall be notified in a timely manner of the
action taken upon the application.
iii. Unless required per MCC 17.50.400.C.2.b, applications for Substantial
Development Permits do not require a public hearing.All Substantial Development
Permits require a notice of application.
b. Public Hearings.
i. The following shoreline permits require a public hearing(type III review):
(a) Substantial Development Permits for overwater development that are for
community, public, commercial, marina, or aquacultural use or if any part of
the proposal requires public hearing for another permit (e.g. Shoreline
Conditional Use Permit, Shoreline Variance, Development Regulations
Variance, Special Use Permit, etc);
(b) Conditional Use Permits; and
(c) Variances.
ii. The Administrator shall make recommendations to the hearing examiner regarding
permits, based upon:
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(a) The policies and procedures of the Act;
(b) The Shoreline Master Program for Mason County, as amended.
iii. Review by the Hearing Examiner.
See MCC 15.09.070 for Hearing Examiner Decision Types, 15.09.080 Procedures for
Open Record Public Hearings before the Hearing Examiner Procedures, and
15.09.090 for Remand.
(a) The Hearing Examiner shall review the application and make decisions
regarding permits based upon MCC 15.09.050(C) and the following:
• The Shoreline Master Program for Mason County;
• Policies and Procedures of Chapter 90.58 RCW,the Shoreline
Management Act;
• Written and oral comments from interested persons;
• The comments and findings of the Administrator.
ii. The Hearing Examiner shall render a written decision including findings,
conclusions, and a final order.The decisions of the Hearing Examiner shall be
the final decisions of the County on all applications.
c. Notice of Decision. See section 15.07.040 for requirements.
d. Transmittal. According to WAC 173-27-130,the Administrator shall transmit one copy of
the Decision,the Staff Report with Exhibits, the complete application,the SEPA
documents (if applicable),the permit data sheet required by WAC 173-27-190, and all
other supporting documents to the Washington State Department of Ecology and one
copy to the Washington Attorney General. For administrative SDP's, a Findings of Fact
and Conclusion prepared by the Administrator would be submitted in place of the
Hearing Examiner Decision and the Staff Report above.
e. Washington State Department of Ecology Review. Development pursuant to a
Substantial Development Permit, Conditional Use or Variance shall not begin and is not
authorized until 21 days from the "date of filing," as defined in RCW 90.58.140(6) and
WAC 173-27-130. PROVIDED all review and appeal proceedings initiated within 21 days
of the date of such filing have been terminated, except as provided in RCW 90.58.140
(5)(a) and (b).
i. The "date of filing" for a Substantial Development Permit is the date the
Department of Ecology receives the transmittal from the County.
ii. The "date of filing" for a Conditional use or Variance means the date the
Department of Ecology has transmitted its decision to the County.
iii. When the County simultaneously transmits to the Department of Ecology its
decision on a Shoreline Substantial Development with its approval of either a
shoreline Conditional Use Permit or Variance, or both, "date of filing" has the same
meaning as defined in (ii) of this subsection.
f. Time Limit for Action. The time requirements of this section shall apply to all Substantial
Development Permits and to any development authorized pursuant to a Variance or
Conditional Use Permit. Upon a finding of good cause, based on the requirements and
circumstances of the project proposed and consistent with the policy and provisions of
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the master program,the Administrator may adopt different time limits from those set
forth in subsections (i) and (ii) of this section as a part of action on a Substantial
Development Permit.
i. Construction activities shall be commenced or, where no construction activities are
involved,the use or activity shall be commenced within two years of the effective
date of a shoreline permit.A single extension may be granted for a period not to
exceed one year based on reasonable factors, if the request for extension has been
filed before the expiration date and notice of the proposed extension is given to
parties of record on the permit and to the Department of Ecology.
ii. Authorization to conduct development activities shall terminate five years after the
effective date of a shoreline permit. However, a single extension may be granted
for a period not to exceed one year based on reasonable factors, if a request for
extension has been filed before the expiration date and notice of the proposed
extension is given to parties of record and to the Department of Ecology.
g. The effective date of a shoreline permit shall be the date of filing as provided in RCW
90.58.140(6).The permit time periods in subsections (a) and (b) of this section do not
include the time during which a use or activity was not actually pursued due to the
pendency of administrative appeals or legal actions or due to the need to obtain any
other government permits and approvals that authorize the development to proceed,
including all reasonably related administrative or legal actions on any such permits or
approvals.
h. The County shall notify Washington Department of Ecology in writing of any change to
the effective date of a permit, as authorized by this section, with an explanation of the
basis for approval of the change. Any change to the time limits of a permit other than
those authorized by RCW 90.58.143 as amended shall require a new permit application.
3. Review Criteria.
a. Review Criteria for Substantial Development Permits.
i. Any person wishing to undertake substantial development on shorelines shall apply
to the County for a Substantial Development Permit.
ii. A Permit shall be granted only when the proposed development is consistent with:
(a) Policies and regulations of the Mason County Shoreline Master Program and
applicable policies enumerated in Chapter 90.58 RCW in regard to shorelines
of the state and of statewide significance; and
(b) Regulations adopted by the Department of Ecology pursuant to the Act,
including Chapter 173-27 WAC.
b. Review Criteria for Conditional Use Permits.
i. The purpose of a Conditional Use Permit is to allow greater flexibility in varying the
new application of the use regulations of the Master Program. Conditional Use
Permits should also be granted in circumstances where denial of the permit would
result in a thwarting of the policy enumerated in RCW 90.58. In authorizing a
Conditional Use, special conditions may be attached to the permit by the County or
the Department of Ecology to prevent undesirable effects of the proposed use.
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ii. Uses which are classified or set forth in the Master Program as conditional uses
may be authorized provided the applicant can demonstrate all of the following:
(a) That the proposed use will be consistent with the policies of RCW 90.58 and
the policies of the Master Program;
(b) That the proposed use will not interfere with the normal public use of public
shorelines;
(c) That the proposed use of the site and design of the project will be compatible
with other permitted uses within the area and with uses planned for the area
under the comprehensive plan and shoreline master program;
(d) That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located;
(e) That the public interest suffers no substantial detrimental effect.
iii. This program does not attempt to identify or foresee all conceivable shoreline uses
or types of development. When a use or development is proposed which is not
readily classified within an existing use or development category,the unspecified
use may be authorized as a conditional use provided that the applicant can
demonstrate consistency with the criteria set forth above, and the General Use
regulations of the Master Program.
iv. Uses which are specifically prohibited by the Master Program may not be
authorized.
V. In the granting of all Conditional Use Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example,
if Conditional Use Permits were granted for other developments in the area where
similar circumstances exist,the total of the conditional uses should remain
consistent with the policies of the Master Program and should not produce
substantial adverse effects to the shoreline environment.
C. Review Criteria for Variance Permits.
The purpose of a Variance Permit is strictly limited to granting relief to specific bulk,
dimensional or performance standards set forth in the Master Program,where there are
extraordinary or unique circumstances relating to the property such that the strict
implementation of the Master Program would impose unnecessary hardships on the
applicant or thwart the policies set forth in RCW 90.58.020.
i. Variance permits should be granted in circumstances where denial of the permit
would result in a thwarting of the policy enumerated in RCW 90.58.020. In all
instances the applicant must demonstrate that extraordinary circumstances shall
be shown and the public interest shall suffer no substantial detrimental effect.
ii. Variance permits for development and/or uses that will be located landward of the
OHWM, and/or landward of any wetlands, may be authorized provided the
applicant can demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards
set forth in the Master Program precludes or significantly interferes with a
reasonable use of the property not otherwise prohibited by the Master
Program;
SHORELINE MASTER PROGRAM December 20, 2021 Page 128
(b) That the hardship which serves as a basis for the granting of the Variance is
specifically related to the property of the applicant, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the
application of the Master Program, and not,for example from deed
restrictions or the applicant's own actions;
(c) That the design of the project will be compatible with other authorized uses in
the area and with uses planned for the area under the comprehensive plan
and this program and will not cause adverse effects to adjacent properties or
the shoreline environment;
(d) That the Variance authorized does not constitute a grant of special privilege
not enjoyed by the other properties in the area;
(e) That the Variance requested is the minimum necessary to afford relief; and
(f) That the public interest will suffer no substantial detrimental effect.
iii. Variance Permits for developments and/or uses that will be located either
waterward of the OHWM, or within wetlands, may be authorized provided the
applicant can demonstrate, in addition to items ii. (b)—(f) above,that:
(a) The strict application of the bulk, dimensional or performance standards set
forth in this master program precludes all reasonable use of the property;
(b) The public rights of navigation and use of the shorelines will not be adversely
affected by the granting of the Variance.
iv. In the granting of all Variance Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example,
if Variances were granted to other developments in the area where similar
circumstances exist the total of the Variances should also remain consistent with
the policies of RCW 90.58.020 and should not produce substantial adverse effects
to the shoreline environment.
V. Variances from the use regulations of this master program are prohibited.
Requests for varying the use to which a shoreline area is to be put are not requests
for Variances, but rather requests for conditional uses.
4. Appeal to Shorelines Hearings Board.
Any person aggrieved by the granting, denying, rescission or modification of a Shoreline
Permit may seek review from the Shorelines Hearings Board by filing a petition for review
within 21 days of the "date of filing' of the decision. Said request shall be in the form required
by the rules for practice and procedure before the Shorelines Hearings Board. Concurrent
with the filing of request for review with the Shorelines Hearings Board,the person seeking
review shall file a copy of the request for review with the Department of Ecology,the Attorney
General and the Hearing Examiner. The Shorelines Hearings Board regulations are contained
in Chapter 461-08 WAC.
5. Permit Revisions/Rescission.
A person operating under a current Shoreline Permit may apply to the County for modification
to the permit, or the Hearing Examiner or the County may rescind a permit if there is evidence
of noncompliance with the existing permit. In either case, the following procedure shall apply:
SHORELINE MASTER PROGRAM December 20, 2021 Page 129
a. The County shall determine if the revision is within the scope and intent of the original
permit set forth under WAC 173-27-100, as amended.
b. If said revision is determined to be outside the scope and intent of the original permit, a
new and complete permit application shall be made in compliance with the Act and this
Program.
C. If said revision is determined to be within the scope and intent of the original permit,the
Hearing Examiner may approve the revision. The revised permit shall become effective
immediately. The approved revision along with copies of the revised site plan and text,
shall be submitted by certified mail to the Washington Department of Ecology's(ECY)
Regional Office,the Attorney General, and to persons who have previously notified the
County relative to the original application.
d. If the revision to the original permit involves a Conditional Use or Variance, the County
shall submit the revision to the Department of Ecology for the ECY's approval, approval
with conditions, or denial. The revision shall indicate that it is being submitted under the
requirements of WAC 173-27-100(6). The ECY shall render and transmit to the County
and the applicant its final decision within 15 days of the date of the department's receipt
of the submittal from the County. The County shall notify the parties of record of the
Department of Ecology's final decision. The revised permit is effective immediately upon
final action by the County,or when appropriate under WAC 173-27-100(7).
e. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within 21 days from
receipt of the County's action by ECY or, when appropriate under subsection (c) of this
section,the date the ECY's final decision is transmitted to the County and the applicant.
The party seeking review shall have the burden of proving the revision granted was not
within the scope and intent of the original permit.
f. If the County determines that there exists noncompliance with a shoreline permit and/or
any conditions attached thereto or any revisions and modifications,then the County may,
in addition to the enforcement actions outlined in 17.50.500, move to rescind the
shoreline permit after a hearing.
17.50.500 Enforcement and Penalties
A. AUTHORITY AND PURPOSE
This part is adopted under RCW 90.58.200 and 90.58.210 to implement the enforcement
responsibilities of the County under the Shoreline Management Act. The act calls for a cooperative
program between local government and the state. It provides for a variety of means of enforcement,
including civil and criminal penalties, orders to cease and desist, orders to take corrective action, and
permit rescission.The following should be used in addition to other County enforcement
mechanisms.
B. DEFINITIONS
The definitions contained in WAC 173-27-030 shall apply in this part also except that the following
shall apply when used in this part of the regulations:
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1. "Permit" means any form of permission required under the act prior to undertaking activity on
shorelines of the state, including Substantial Development Permits,Variances, Conditional Use
Permits, permits for oil or natural gas exploration activities, permission which may be required
for selective commercial timber harvesting, and shoreline exemptions; and
2. "Exemption" means authorization from local government which establishes that an activity is
exempt from Substantial Development Permit requirements under WAC 173-27-040, but
subject to regulations of the Act and this master program.
C. POLICY
Enforcement action by the County may be taken whenever a person has violated any provision of
the act or any master program or other regulation promulgated under the act.The choice of
enforcement action and the severity of any penalty should be based on the nature of the violation,
the damage or risk to the public or to public resources, and/or the existence or degree of bad faith of
the persons subject to the enforcement action.
D. ORDER TO CEASE AND DESIST
The County shall have the authority to serve upon a person a cease and desist order if an activity
being undertaken on shorelines of the state is in violation of chapter 90.58 RCW or the local master
program.
1. Content of order.The order shall set forth and contain:
a. A description of the specific nature, extent, and time of violation and the damage or
potential damage; and
b. A notice that the violation or the potential violation cease and desist or, in appropriate
cases,the specific corrective action to be taken within a given time.A civil penalty under
WAC 173-27-280 may be issued with the order.
2. Effective date.The cease and desist order issued under this section shall become effective
immediately upon receipt by the person to whom the order is directed.
3. Compliance. Failure to comply with the terms of a cease and desist order can result in
enforcement actions including, but not limited to,the issuance of a civil penalty.
E. CIVIL PENALTY
1. A person who fails to conform to the terms of a Substantial Development Permit, Conditional
Use Permit or Variance issued under RCW 90.58.140,who undertakes a development or use
on shorelines of the state without first obtaining a permit, or who fails to comply with a cease
and desist order issued under these regulations may be subject to a civil penalty by the
County.The County may impose a penalty upon an additional finding that a person:
a. Has previously been subject to an enforcement action for the same or similar type of
violation of the same statute or rule; or
b. Has been given previous notice of the same or similar type of violation of the same
statute or rule; or
c. The violation has a probability of placing a person in danger of death or bodily harm; or
d. Has a probability of causing more than minor environmental harm; or
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e. Has a probability of causing physical damage to the property of another in an amount
exceeding one thousand dollars.
2. In the alternative, a penalty may be issued to a person by Mason County for violations which
do not meet the criteria of subsection (1)(a)through (e) of this section, after the following
information has been provided in writing to a person through a technical assistance visit or a
notice of correction:
a. A description of the condition that is not in compliance and a specific citation to the
applicable law or rule;
b. A statement of what is required to achieve compliance;
c. The date by which the agency requires compliance to be achieved;
d. Notice of the means to contact any technical assistance services provided by the agency
or others; and
e. Notice of when, where, and to whom a request to extend the time to achieve compliance
for good cause may be filed with the agency.
3. No penalty shall be issued by the County until the individual or business has been given a
reasonable time to correct the violation and has not done so.
4. Amount of penalty.The penalty shall not exceed one thousand dollars for each violation. Each
day of violation shall constitute a separate violation.
5. Aiding or abetting.Any person who,through an act of commission or omission procures, aids
or abets in the violation shall be considered to have committed a violation for the purposes of
the civil penalty.
6. Notice of penalty.A civil penalty shall be imposed by a notice in writing, either by certified
mail with return receipt requested or by personal service,to the person incurring the same
from Mason County.The notice shall describe the violation, approximate the date(s) of
violation, and shall order the acts constituting the violation to cease and desist, or, in
appropriate cases, require necessary corrective action within a specific time.
F. APPEAL OF CIVIL PENALTY
1. Right of appeal. Persons incurring a penalty imposed by Mason County or jointly by the
Department of Ecology and Mason County may appeal the same to the Shorelines Hearings
Board.Appeals to the Shorelines Hearings Board are adjudicatory proceedings subject to the
provisions of chapter 34.05 RCW.
2. Timing of appeal. Appeals shall be filed within thirty days of the date of receipt of the penalty.
The term "date of receipt" has the same meaning as provided in RCW 43.21B.001.
3. Penalties due.
a. Penalties imposed under this section shall become due and payable thirty days after
receipt of notice imposing the same unless application for remission or mitigation is made
or an appeal is filed. Whenever an application for remission or mitigation is made,
penalties shall become due and payable thirty days after receipt of the County's and/or
the Department of Ecology's decision regarding the remission or mitigation. Whenever an
appeal of a penalty is filed,the penalty shall become due and payable upon completion of
SHORELINE MASTER PROGRAM December 20, 2021 Page 132
all review proceedings and upon the issuance of a final decision confirming the penalty in
whole or in part.
b. If the amount of a penalty owed the department is not paid within thirty days after it
becomes due and payable,the attorney general, upon request of the department, shall
bring an action in the name of the state of Washington to recover such penalty. If the
amount of a penalty owed local government is not paid within thirty days after it
becomes due and payable, Mason County may take actions necessary to recover such
penalty.
C. Penalty recovered. Penalties recovered the County shall be paid to the County Treasurer.
Penalties recovered jointly by the Department of Ecology and the County shall be divided
equally between the Department of Ecology and the County unless otherwise stipulated
in the order.
G. CRIMINAL PENALTY
The procedures for criminal penalties shall be governed by RCW 90.58.220.
SHORELINE MASTER PROGRAM December 20, 2021 Page 133
Mason County's
RESOURCE ORDINANCE - 8.52 MCC
Contents
8.52.010 AUTHORITY.................................................................................................................. 2
8.52.020 PURPOSE...................................................................................................................... 2
8.52.030 DEFINITIONS................................................................................................................ 2
8.52.040 ESTABLISHMENT OF DESIGNATED LANDS. ..................................................................... 21
8.52.050 RELATIONSHIP TO OTHER REGULATIONS....................................................................... 24
8.52.060 LONG-TERM COMMERCIAL FOREST LANDS.................................................................... 27
8.52.061 AGRICULTURAL RESOURCE LANDS................................................................................ 31
8.52.070 INHOLDING LANDS...................................................................................................... 33
8.52.080 AGRICULTURE AND FOREST MANAGEMENT NON-DESIGNATED LANDS.............................. 36
8.52.090 MINERAL RESOURCE LANDS......................................................................................... 37
8.52.100 ADDITIONAL RESOURCE LAND PROVISIONS. .................................................................. 41
8.52.110 WETLANDS. ............................................................................................................... 41
8.52.120 CRITICAL AQUIFER RECHARGE AREAS........................................................................... 58
8.52.130 FREQUENTLY FLOODED AREAS..................................................................................... 69
8.52.140 GEOLOGICALLY HAZARDOUS AREAS.............................................................................. 70
8.52.150 SEISMIC HAZARD AREAS.............................................................................................. 82
8.52.160 EROSION HAZARD AREAS............................................................................................. 84
8.52.170 FISH AND WILDLIFE HABITAT CONSERVATION AREAS. ................................................... 85
8.52.190 DEVELOPMENT REVIEW PROCESS................................................................................109
8.52.200 GENERAL EXEMPTIONS...............................................................................................114
8.52.220 VARIANCES FROM STANDARDS. ...................................................................................117
8.52.230 TEMPORARY USES......................................................................................................118
8.52.240 EMERGENCY ACTIONS. ...............................................................................................1 19
8.52.250 APPEALS...................................................................................................................120
8.52.260 JUDICIAL REVIEW.......................................................................................................121
8.52.270 ENFORCEMENT..........................................................................................................121
8.52.275 RESTORATION/REPARATION. .....................................................................................121
8.52.280 SEVERABILITY. ..........................................................................................................123
8.52.290 EVALUATION.............................................................................................................123
Appendix A: RATIONALE FOR THE WETLAND CATEGORIES......................................................124
Appendix B: MITIGATION MANUAL FOR COMMON LINE SETBACKS.........................................124
Appendix C: BEST MANAGEMENT PRACTICES FOR HABITAT MANAGEMENT PLANS.............124
Resource Ordinance December 20, 2021 Pagel
8.52.010 Authority
This chapter shall be known as the Mason County Resource Ordinance and is adopted under the authority
of RCW Chapters 36.32, 36.70, 36.70A, 39.34, 58.17, 76.09, 84.33, 84.34, and 90.58. It shall become
effective as provided by law.
(Ord. 77-93 (part), 1993).
8.52.020 Purpose
The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical
areas while the County develops its comprehensive plan and associated regulations. The regulations
established in this Chapter, adopted by Ordinance No. 77-93, seek to:
Establish uniform processes to be used by Mason County for the review of land use and development
proposals within critical areas and resource lands.
Conserve resource lands for productive economic use by identifying and designating resource lands where
the principal and preferred land use is commercial resource management, and by protecting the same
from incompatible land uses.
Protect the identified critical areas in their natural functions, along with air and water quality,to sustain
the County's quality of life.
Encourage creative development techniques and land use practices which will help to accomplish these
goals.
Encourage the voluntary enrollment of agricultural lands and uses into the Open Space Tax Program and
agricultural activities into the Voluntary Stewardship Program.
This ordinance fulfills the goals of the State Growth Management Act(RCW 36.70A et al) and the State
Environment Policy Act(RCW 43.21).
8.52.030 Definitions
For the purposes of this chapter:
Accessory Use or Structure. A subordinate or ancillary use, structure, building or portion of a building
located on the same parcel of land as the principal legally permitted use, structure or building.
Administrator. The Director of Mason County Community Services Department, or his/her designee.
Aggrieved Person. The person appealing a decision of the county, who shows that he/she may suffer
specific injury and that the interests claimed are those intended to be protected by this chapter.
Resource Ordinance December 20, 2021 Page 2
Agricultural Activities and Existing and Ongoing Agriculture. Uses and practices including but not limited
to producing, breeding, or increasing agricultural products; rotating and changing agricultural crops;
allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded;
allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market
conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a
local, state, or federal conservation program, or the land is subject to a conservation easement,
conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no
closer to the shoreline than the original facility; and maintaining agricultural lands under production or
cultivation. Excluded from this definition are transportation of products, related commercial or industrial
uses such as wholesale and retail sales or final processing.
Agricultural Lands. Lands primarily devoted to the commercial production of horticultural,viticultural,
floricultural, dairy, apiary,vegetable or animal products or of berries, grain, hay, straw,turf, seed,
Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140,finfish in
upland hatcheries, or livestock, and that has a long term commercial significance for agricultural
production.
Agriculture Practices. Any activity whether for commercial or recreational use directly pertaining to
production of food, fiber or livestock including but not limited to cultivation, harvest, grazing, animal
waste storage and disposal,fertilization, suppression or prevention of diseases and insects.
Anaerobic. Living or functioning in the absence of oxygen.
Annual Amendment Process. The process for amending the Mason County Comprehensive Plan and
development regulations, as adopted in the Mason County development code,Title 15.
Applicant. A person who files an application for permit under this chapter and who is either the owner of
the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the
person who would actually control and direct the proposed activity, or the authorized agent of such a
person.
Approval Authority. The authority for all administrative decisions under this chapter is the Director of
Community Services, or his/her designee. The approval authority for all decisions subject to public review
is the hearing examiner.
Appurtenant Structure. A structure that is ordinarily connected to the use and enjoyment of a single-
family residence; normal appurtenant structures include, but are not limited to, a garage, deck, storage
shed, woodshed, pump house, upland retaining wall, and fence.
Aquaculture. The culture and farming of food fish, shellfish and other aquatic animals and plants in lakes,
streams, inlets, bays and estuaries. Methods of aquaculture include, but are not limited to, fish pens,
shellfish rafts, racks and longlines, seaweed floats; and the culture of clams and oysters on tidelands and
subtidal areas. Excluded from this definition are related commercial or industrial uses such as wholesale
and retail sales, or final processing and freezing.
Aquifer. A groundwater-bearing geologic formation or formations that contain enough saturated
permeable material to yield significant quantities of water to wells or springs (source: Chapter 173-100
WAC).
Resource Ordinance December 20, 2021 Page 3
Aquifer Recharge Areas. Areas where water infiltrates the soil, and percolates through it and surface
rocks, to the groundwater table.
Base Flood. A flood having a one percent chance of being equaled or exceeded in any given year.
Beach Access. A structural pathway/walkway for purposes of providing pedestrian access to a beach or
shoreline area, not for motorized vehicle access. It often includes a stairway,tram, stair tower, platform
and/or elevated walkway anchored to the ground surface by structural means.
Beach Nourishment. A process by which sediment lost through erosive forces is replaced from sources
outside of the eroding shoreline. Nourishment is typically a repetitive process, since it does not remove
the physical forces that cause erosion, but simply mitigates their effects.
Best Management Practices. Schedules of activities, prohibitions of practices, maintenance procedures,
and structural and/or managerial practices,that when used singly or in combination, prevent or reduce
the release of pollutants and other adverse impacts to waters of Washington State (source: 2012
Stormwater Management Manual for Western Washington).
Block. A parcel or set of contiguous parcels that collectively meet all classification criteria for any officially
designated resource land pursuant to this chapter.
Board or Board of County Commissioners. The Mason County Board of Commissioners.
Bog. A unique type of wetland dominated by mosses that form organic peat. Bogs form in areas where
the climate allows the accumulation of peat to exceed its decomposition. Bog hydrology is dominated by
precipitation rather than surface inflow. The plant community is specialized to survive in the nutrient-
poor and highly acidic conditions typical of bog systems.
Building official. The building official of Mason County.
Buffer. An area of land used or designated for the purpose of insulating or separating a structure or land
use from a critical area or resource land in such a manner as to reduce or mitigate any adverse impacts of
the developed area. Permitted development and activities within buffers depend on the type of critical
area or resource land the buffer is protecting. Buffer widths are measured horizontally.
Bulkhead. See "Shoreline Stabilization."
Channel Migration Zones (CMZ). Areas along a river within which the channel(s) can be reasonably
predicted to migrate over time as a result of natural and normally occurring hydrological and related
processes when considered with the characteristics of the river and its surroundings.
Chapter. Unless otherwise stated, "chapter" refers to Chapter 8.52 of the Mason County Code.
Class V Injection Well. A drywell used for collection of stormwater(source: Federal Register, Monday,
August 28, 1995, Volume 60, No. 166, Part IV, Environmental Protection Agency-40 CFR, Part 144 and 146,
Table 1, Categories of Class V Injection Wells, page 44653).A Class I injection well is a well used for
injection of industrial, commercial, or municipal waste fluids. A Class II injection well is a well used in
natural gas and oil exploration or production.A Class III injection well is a well used for extraction of
minerals. A Class IV injection well is a well used for injection of dangerous waste or radioactive waste
fluids. Class V wells are commonly known as drywells.
Resource Ordinance December 20, 2021 Page 4
Clearing or Land Clearing. The removal or disturbance of trees, shrubs and other vegetation, from a
designated critical area or its buffer/vegetation area by physical, mechanical, chemical or any other
means,to the extent that the Director determines such removal or disturbance may constitute a safety
hazard or otherwise pose a probable adverse impact on the functions or values of that critical area or
buffer/vegetation area; provided,that removal or disturbance of vegetation from artificially landscaped
areas existing at the time of adoption of this chapter shall not constitute clearing.
Commercial and Recreational Shellfish Areas. All public and private tidelands or bedlands suitable for
shellfish harvest, including commercial and recreational shellfish areas, and including any shellfish
protection districts established pursuant to Chapter 90.72 RCW.
Common Line Mitigation Plan. A plan prepared in accordance with Appendix B,which is required for
reducing setbacks to a "common line" on lakes and marine shorelines for single family residential
development. See Chapter 8.52.170(E)(3).
Compensatory Mitigation. See Mitigation, compensatory.
Conditional Uses. Those uses requiring a Mason conditional environmental permit (MCEP) and that may,
due to their complexity or greater potential for impact, go through a public review process subject to the
terms of this chapter.
Conservation Futures. As provided in Section 84.34.220 RCW, "conservation futures" are the rights in
perpetuity to future development which may be acquired by the county on any open space land, farm and
agricultural land, and timberland which are so designated under the provisions of Chapter 84.34 RCW and
taxed at current use assessment as provided by that chapter. Revenue for this purpose is provided by an
optional levy on assessed valuation of all taxable property within the county.
Contaminant(s). Hazardous substance(s)which, if released in sufficient quantity,would impair a
component of the environment as a useful resource.
County. Mason County.
Critical Aquifer Recharge Areas. Aquifer recharge areas that are designated by this chapter for protection.
Critical Areas. Designated wetlands, aquifer recharge areas,frequently flooded areas, landslide hazard
areas, seismic hazard areas, erosion hazard areas, and Fish &Wildlife Habitat Conservation Areas, as
defined by this chapter.
Critical Facility. A facility to which the existence of a geologic hazard or the chance of flooding would
present even a slight threat. Critical facilities include, but are not limited to, public buildings; schools;
hospitals;jails; police, fire and emergency response installations; nursing homes; and installations which
produce, use or store hazardous materials and/or hazardous waste.
Danger Tree. A tree with a high probability of falling due to a debilitating disease, a structural defect, a
root base more than fifty percent exposed, or having been exposed to wind throw within the past ten
years, and where there is a residence or residential accessory structure within a tree length of the base of
the trunk, or where the top of a bluff or steep slope is endangered. Where not immediately apparent to
the review authority,the danger tree determination shall be made after review of a report prepared by an
arborist or forester.
Resource Ordinance December 20, 2021 Page 5
Dangerous Waste. Solid waste designated in Chapter 173-303-070 through 130 WAC as dangerous or
extremely hazardous waste. The word dangerous waste will refer to the full universe of wastes regulated
by Chapter 173-303 (including dangerous and extremely hazardous waste).
Development or Development Activities. A planning or construction project involving property
improvement and, usually, a change of land-use character within the site; the act of using land for building
or extractive purposes. This includes but is not limited to grading(filling, excavation, etc.) clearing, and the
construction or the siting of structures.
Development Envelope. The total area where development activities are proposed.
Director or Director of Community Services. The Director of the Mason County Community Services
Department, or his/her designee.
Emergent Wetland. A regulated wetland with at least thirty percent of the surface area covered by erect,
rooted, herbaceous vegetation as the uppermost vegetative strata.
Engineer. A person who is licensed in the state of Washington in a particular field in question.
Erosion Control. On-site and off-site control measures that are needed to control conveyance and/or
deposition of earth,turbidity or pollutants after development, construction or restoration.
Erosion Hazard Areas. Areas susceptible to erosion that are designated by this chapter for protection.
Exotic. Any species of plants or animals that are not native to the watershed.
Facility. All structures, appurtenances and other improvements on or in the land.
Feeder Bluffs. Bluffs along marine shorelines experiencing periodic erosion from waves, sliding or
slumping and/or whose eroding material is naturally transported by longshore drift and provides the
building blocks and nourishment for spits, bars, hooks, and other accretion shore forms.
Feedlot. An outdoor enclosure where livestock is confined or fed for the purpose of fattening for market
for more than forty-five days a year and where no crops, forage, or post-harvest residues are sustained
during the normal growth season. This definition is not intended to apply where fewer than five livestock
are kept on the site.
Fish and Wildlife Habitat Conservation Areas(FWHCA).Areas that serve a critical role in sustaining
needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may
reduce the likelihood that the species will persist over the long term.These areas may include, but are not
limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including
seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative
population density or species richness.They do not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the
boundaries of, and are maintained by, a port district or an irrigation district or company(RCW
36.70A.030(5).
Floodplain. Any lands that are susceptible to the base flood.
Resource Ordinance December 20, 2021 Page 6
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more
than one foot.
Footprint. The total area within the perimeter of a structure, regardless of how the structure is
supported, or the total area within the perimeter of any development other than a structure.
Forested Wetland. A regulated wetland with at least thirty percent of the surface area covered by woody
vegetation greater than twenty feet in height.
Forest Lands. Lands primarily useful for growing trees, including Christmas trees subject to the excise tax
imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term
commercial significance for growing trees commercially.
Forest Practices. Any activity conducted on or directly pertaining to forest land and related to growing,
harvesting, or processing of timber including but not limited to: (1) road and trail construction, (2)
harvesting, (3) pre-commercial thinning, (4) reforestation, (5) fertilization, (6) prevention and suppression
of diseases and insects, (7) salvage of timber, (8) brush control, and (9) slash and debris disposal.
Frequently Flooded Areas. Lands in the floodplain subject to a one percent or greater chance of flooding
in any given year, including floodplain related areas of avulsion risk.These areas include, but are not
limited to, streams, rivers, lakes, coastal areas, wetlands and the like.
Geologically Hazardous Areas. Areas that because of their susceptibility to erosion, sliding, earthquake or
other geological events, are not suited to the siting of commercial, residential or industrial development
consistent with public health or safety concerns.
Geologist. A person who has earned his/her livelihood primarily from the field of geology for at least five
years, and has received a degree in geology from an accredited four-year institution of higher education.
Government Lots. Those irregular tracts of land designated on the plats of the United States Public Lands
surveys.
Habitats and Species of Local Importance. A seasonal range or habitat element with which a given
species has a primary association, and which, if altered, may reduce the likelihood that the species will
maintain and reproduce over the long term (WAC 365-190-030 (9)); species of local importance are those
species that are of local concern due to their population status or their sensitivity to habitat manipulation.
Hazardous Materials or Hazardous Substance(s). Such materials as flammable solids; corrosive liquids;
radioactive material; oxidizing material; highly toxic material; poisonous gases; reactive material; unstable
material; hyperbolic material; pyrophoric material as defined in Article 2 of the Uniform Fire Code; and
substances, or mixtures of substances,that are an irritant or strong sensitizer or which generate pressure
through exposure to heat, decomposition, or other means. Hazardous substances shall also mean
hazardous waste as designated in Chapter 173-303 WAC as dangerous or extremely hazardous waste.
Hazardous substances also means any dangerous waste or extremely dangerous waste as defined in
Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely dangerous waste as designated by rule
under 70.105 RCW; and hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous
substance as defined by rules under Chapter 70.105 RCW; and substance that, on the effective date of
Ord. 62-99, is a hazardous substance under Section 101(14) of the Federal Cleanup Law,42 U.S.C. Section
9601(14); petroleum products; and any substance or category of substances including solid waste
decomposition products, determined by WDOE's Director to present a threat to human health or the
Resource Ordinance December 20, 2021 Page 7
environment if released into the environment. The term hazardous substances does not include crude oil
or any fraction thereof or petroleum provided that such are contained in an underground storage tank
from which there is no release of material and provided that the tank is in compliance with all applicable
federal, state, and local law.
Health Manager. The Manager of the Environmental Health Division of the Mason County Community
Services Department.
Height. A measurement from average grade level to the highest point of a structure provided that
television antennas, chimneys, and similar appurtenances shall not be used in calculating height of
buildings.
Hydric Soil. Soil that is saturated,flooded or ponded long enough during the growing season to develop
anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the
methods described in the approved federal wetland delineation manual and applicable regional
supplements, as required by WAC 173-22-035.
Hydrogeology.The science that deals with the hydrology of geologic formations.
Hydrophytic Vegetation. Macrophytic plant life growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic
vegetation shall be determined following the methods described in the approved federal wetland
delineation manual and applicable regional supplements, as required by WAC 173-22-035.
Impervious Surface. That hard surface area which either prevents or retards the entry of water into the
soil mantle, whereas it entered under natural conditions prior to development; and/or that hard surface
area which causes water to run off the surface in greater quantities or at an increased rate of flow,from
that present under natural conditions prior to development.
Inholding Lands. Blocks of land that are surrounded on all sides by designated long-term commercial
forest lands and are crucial areas for conservation of those lands but are not directly of long-term
commercial significance for forestry.
Isolated Wetlands. Those wetlands which:
(1) Are outside of and not contiguous to any one-hundred-year floodplain of a lake, river, or stream;
(2) Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface
water; and
(3) Have no surface water connection to a lake; river or stream.
Landfill. A disposal facility or part of a disposal facility at which solid and demolition waste is permanently
placed in or on the land that is not a land spreading disposal facility(source: Chapter 173-304 WAC). In
addition, landfills means all continuous land and structures and other improvements on the land used for
the disposal of solid waste, pursuant to Chapter 173-351 WAC.
Landscape Wall or Retaining Wall. A structure (consisting of rocks, blocks, logs, or other substrate)that is
constructed between lands of differing elevations to stabilize the surfaces, prevent erosion, and/or protect
structures. A hedge of shrubs or trees is not considered a landscape wall or fence.
Landslide Hazard Areas. See Geologically Hazardous Areas.
Resource Ordinance December 20, 2021 Page 8
Large Quantity Generators. Businesses which generate more than two thousand two hundred pounds of
dangerous waste per month. They accumulate more than two thousand two hundred pounds of
dangerous waste at any time. They generate and accumulate more than 2.2 pounds of acutely hazardous
waste or toxic extremely hazardous waste.
Long-term. A period of time that exceeds one hundred years for forest management uses and exceeds
twenty years for all other land uses.
Long-term Commercial Forest Lands. See Forest Lands definition.
Long-term Commercial Significance. The growing capacity, productivity and soil composition of the land
for long-term commercial production, in consideration with the land's proximity to population areas, and
the possibility of more intense uses of land.
Lot. A designated parcel,tract or area established by a plat or otherwise as permitted by law and to be
used, developed or built upon as a unit. A lot shall not include a segregation of land established by the
county Assessor and assigned numbers for assessment purposes only.
Major new development. All activities which require subdivision, short subdivision, or large lot
subdivision approval, mobile home park or RV park approval, grading permit approval, or building permit
approval, provided that this does not include repair, remodel, or alteration of existing structures which do
not increase the footprint of the structure.
Mason Conditional Environmental Permit(MCEP). A county permit required for any proposed
development or use in an area designated by this chapter as a critical area or resource land, where the
proposed development or use is listed as a conditional use in one or more designated critical areas or
resource lands.
Mason Environmental Permit(MEP). A county permit required for any proposed development or use in
an area designated by this chapter as a critical area or resource land, where the proposed development or
use is listed as a permit required use in one or more designated critical areas or resource lands. Such
permits shall,when possible, be processed concurrently with other county permits, and are designed to
minimize any additional steps or staff time. Where an MEP is required by this Ordinance, the proposal is
within shoreline jurisdiction, and a Shoreline permit or exemption is not required by the Shoreline Master
Program, a Shoreline Exemption shall be required rather than an MEP.
Medium Quantity Generators. Businesses that generate more than two hundred twenty pounds, but less
than two thousand two hundred pounds of dangerous waste per month.They are limited to the
accumulation of less than two thousand two hundred pounds of waste at any time. They are limited to
the generation of, and accumulation of, less than 2.2 pounds of acutely hazardous waste or toxic
extremely hazardous waste.
Mineral resource lands. Lands devoted primarily to the extraction of minerals, or that have known or
potential long-term commercial significance for extraction of minerals.
Mining. All or any part of the process involved in extraction of minerals from the earth by removing
mineral deposits for commercial use, including surface mining and sub-surface mining. Mining shall not
include extraction, excavation or grading conducted on site exclusively for construction, road
maintenance,forestry or farming.
Resource Ordinance December 20, 2021 Page 9
Mitigation. Actions necessary to replace project-induced critical area and buffer area losses, including
land acquisition, planning, construction plans, monitoring and contingency actions. Replacing project-
induced critical area losses or impacts,which includes but is not limited to the following:
(1) Avoiding the impact altogether by not taking a certain action or parts of an action;
(2) 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;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(4) Reducing or eliminating the impact over time by preservation and maintenance operations;
(5) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and
6) Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
Mitigation for individual actions may include a combination of the above measures.
Mitigation,Compensatory or Compensation,or Compensatory Mitigation. A form of mitigation that
replaces project-induced wetland or habitat losses or impacts, and includes, but is not limited to,
restoration, enhancement, substitute resources, creation, and preservation. "Substitute resources" means
actions performed to provide for an alternative environmentally sensitive area. "Preservation" means
actions taken to ensure the permanent protection of existing, high-quality environmentally sensitive areas.
Compensation also is not limited to mitigation at or adjacent to the site on which a critical area has been
impacted by a regulated activity.
Moderate Risk Waste. The following two types of hazardous wastes: (1) hazardous waste generated by
households, called household hazardous waste; and (2) hazardous waste generated by businesses in
amounts less than the quantity exclusion limit established in Chapter 173-303-071 through 173-303-103
WAC, which is most commonly two hundred twenty pounds per month or batch, called small quantity
generator waste.
Native Vegetation. Plant species which are indigenous to the area in question.
Naturally Occurring Lakes and Ponds. Naturally occurring ponds, not including ponds deliberately
designed and created from dry sites, such as canals, stormwater detention facilities, waste water
treatment facilities, farm ponds and landscape amenities. However, naturally occurring ponds may
include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds,
if permitted by a regulatory authority.
New Construction. Structures for which the start of construction commenced on or after the effective
date of Ord. 112-97.
On-site Sewage System Site Evaluation and Disposal Permit Application. An application to place an on-
site sewage system on a property approved under the authority of the Mason County Health Department.
Also known as a "County on-site system permit."
Ordinary High Water Mark(OHWM). On all lakes, streams and tidal water,the mark that will be found by
examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, or as it may
naturally change thereafter or as it may change thereafter in accordance with permits issued by local
Resource Ordinance December 20, 2021 Page 10
government or the state; provided,that in any areas where the ordinary high water mark cannot be found,
the ordinary high water mark adjoining fresh water shall be the line of mean high water.
Parcel. See definition for Lot.
Permit Required Uses. Uses requiring a Mason environmental permit (MEP) under the terms of this
chapter, unless otherwise stated.
Practicable Alternative. An alternative that is available and capable of being carried out after taking into
consideration cost, existing technology, and logistics in light of overall project purposes, and having fewer
impacts to designated wetlands. It may include an area not owned by the applicant which could
reasonably have been or be obtained, utilized, expanded or managed in order to fulfill the basic purpose
of the proposed activity.
Prime Farmland Soils. Soils identified by the U.S. Department of Agriculture Natural Resources
Conservation Service as prime farmland soils.
Priority Habitat. A habitat type with unique or significant value to many species. An area classified and
mapped as priority habitat must have one or more of the following attributes:
Comparatively high fish and wildlife density;
Comparatively high fish and wildlife species diversity;
Important fish and wildlife breeding habitat;
Important fish and wildlife seasonal ranges;
Important fish and wildlife movement corridors;
Limited availability;
High vulnerability to habitat alteration;
Unique or dependent species.
Priority Habitat and Species Database. The database for the Washington State Department of Fish and
Wildlife's (WDFW) Priority Habitat and Species (PHS) Program which provides the following three
products:
Lists of the WDFW's most important habitats and species;
Management recommendations for each priority habitat and species; and
Maps showing the geographic location of priority habitats and species.
Public Building. Any structure owned by a governmental entity that is designed for human occupancy
pursuant to the Uniform Building Code.
Public Works Director. The Director of the Mason County Department of Public Works.
Qualified Fish and Wildlife Professional. A person with experience and training in fish and wildlife issues;
who has experience analyzing fish and wildlife habitats and their functions and values, impacts to the
habitats, and mitigation; and who derives his/her livelihood from employment as a wildlife biologist,
habitat management consultant, or fisheries biologist, as appropriate to the type of critical area under
review. Qualifications include:
Resource Ordinance December 20, 2021 Page 11
(1) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, environmental studies,
fisheries,wildlife or related field, and two years of related work experience; or
(2) Five years of related work experience.
Qualified Groundwater Professional. A hydrologist,geologist, engineer, or other scientist who meets all
of the following criteria:
(1) Has received a baccalaureate degree or post graduate degree in the natural sciences or
engineering; and
(2) Has sufficient training and experience in groundwater hydrology and related fields as may be
demonstrated by state registration, professional certifications, or completion of accredited
university programs that enable that individual to make sound professional judgements regarding
groundwater vulnerability.
Qualified Wetland Professional. A person with experience and training in wetland issues, and with
experience in performing delineations, analyzing wetland functions and values, analyzing wetland impacts,
and recommending wetland mitigation and restoration. Qualifications include:
(1) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany, environmental
studies,fisheries, soil science, wildlife or related field, and two years of related work experience,
including a minimum of one year experience delineating wetlands using any Federal Manual and
appropriate regional supplement for identifying and delineating jurisdictional wetlands and
preparing wetland reports. Additional education may substitute for one year of related work
experience; or
(2) Four years of related work experience and training, with a minimum or two years experience
delineating wetlands using any Federal Manual and appropriate regional supplement for
identifying and delineating jurisdictional wetlands and preparing wetland reports; or
(3) A person certified by the Society of Wetland Scientists as a Professional Wetlands Scientist.
RCW. Revised Code of Washington.
Reasonable Use. A legal concept that has been articulated by federal and state of Washington courts in
regulatory taking cases.
Recreation. Activities such as hiking, canoeing,viewing, nature study, photography and fishing that do
not require extensive preparation of facilities. Activities that include, but are not limited to, parks,
playgrounds, athletic fields, campgrounds and boat ramps, and may require land clearing, earth
modification, construction of permanent structures and other facilities.
Release. Any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a hazardous
substance(s)from a facility or activity into or onto soil, air, water, groundwater or other materials.
Release Detection. A method or methods of determining whether a release or discharge of a hazardous
substance from a regulated facility into the environment has occurred.
Repair or Maintenance. An activity that restores the character, scope, size, and design of a serviceable
area, structure, or land use to its previously authorized and undamaged condition.Activities that change
the character, size, or scope of a project beyond the original design and drain, dredge,fill, flood, or
otherwise alter additional designated critical areas or have a significant adverse impact on the critical
areas are not included in this definition.
Resource Ordinance December 20, 2021 Page 12
Residential Density. The permissible number of dwelling units that may be developed on a specific
amount of land area measured in number of dwelling units per acre.
Residential Development. The development of land, or the construction or placement of dwelling units
for residential occupancy or appurtenant structures and for accessory uses. This definition shall not be
construed to authorize any use under the variance criteria.
Resource Lands. Agricultural lands, forest lands, and mineral resource lands as defined by this chapter.
Scrub-shrub Wetland. A regulated wetland with at least thirty percent of its surface area covered by
woody vegetation less than twenty feet in height as the uppermost strata.
Seismic Hazard Areas. Areas particularly susceptible to damage from seismic activity that are designated
by this chapter for protection. Types of seismic hazards include:
(1) Differential settlement: the downward movement of soil caused by a shift in underlying sediments
which result in a depression in the soil surface;
(2) Earthquake: ground failures that could affect an area and include landslides, lateral spreading,
liquefaction, lurch cracking, stream and canal bank failures, rockfalls and differential settlement of
the ground surface not directly attributable to one of the foregoing. Earthquakes can cause
landslides due to the shaking of unstable rock and soil resulting in a sliding of the surface even on
gentle slopes;
(3) Ground shaking: a complex surface wave motion produced by its passage of seismic waves
through the earth's outer crust;
(4) Lateral spreading: the lateral movement of soil on top of liquefied granular or sandy soils induced
by strong seismic shaking;
(5) Liquefication: this can change certain granular soils into a kind of quicksand when caused by
strong seismic shaking;
(6) Lurch cracks: random cracks and fissures in the soil induced by strong seismic shaking;
(7) Regional uplift/settlement: a result of tectonic movements of the earth's crust during large scale
earthquake activity. Regional uplift on the order of eight to twelve feet occurred along the lower
arm of Hood Canal, North Bay of Case Inlet some eight hundred to one thousand years ago during
a great earthquake in the Puget Sound south of Seattle. Evidence is seen in old elevated beach
terraces in this area;
(8) Rockfalls: this can occur when nearly vertical rock slopes fail during strong seismic shaking;
(9) Seiches: earthquake-induced water waves in a confined body of water caused by periodic
oscillations of the water in response to ground shaking;
(10) Surface faulting: the fracturing of soil or rock on the earth's surface. Surface faulting could occur
on mapped faults shown on geologic maps of the Mason County area;
(11) Tsunami: catastrophic sea waves generated in large bodies of water by strong earthquakes,
underwater landslides or volcanic explosion. Tsunami waves travel at speeds of up to four
hundred mph across the open ocean and can form waves reported up to two hundred feet in
height when encountering land with a long shallow ocean fronting shelf. Tsunamis, averaging at
least twenty feet in height, have been generated in Puget Sound as evidenced in recent geologic
studies.
Resource Ordinance December 20, 2021 Page 13
Sensitive Species. Any wildlife species listed by the federal government or the state of Washington as
sensitive because it is vulnerable or declining and is likely to become endangered or threatened in a
significant portion of its range within the state without cooperative management or removal of threats.
Serviceable. Presently useable.
SEPA. The State Environmental Policy Act, 43.21c RCW, and implementing state and county administrative
rules.
Setback. The distance from a lot, parcel,tract, critical area or resource land boundary, beyond which the
footprint or foundation of a structure shall not extend.
Shoreline Stabilization or Bank Stabilization. Actions taken to address erosion impacts to property and
dwellings, businesses, or structures caused by processes such as current,flood,tides, wind, or wave
action. These actions include a range of methods from "hard" structural methods such as bulkheads, and
"softer" nonstructural methods such as bioengineering.
Site. Any lot,tract, parcel, large lot holding, either owned or leased, intended for development.
Slope. An inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to
horizontal distance.
Small Quantity Generators. Businesses that generate less than two hundred twenty pounds of dangerous
waste per month.They are limited to the accumulation of less than two thousand two hundred pounds of
waste at any time.They are limited to that accumulation of less than 2.2 pounds of acutely hazardous
waste or toxic extremely hazardous waste (see WAC 173-303-070(8)).
Solid Waste. All putrescible and non-putrescible solid or semisolid wastes including, but not limited to,
garbage, rubbish, ashes, industrial waste, swill, demolition and construction waste, abandoned vehicles or
parts thereof, and discarded commodities.This includes all liquid, solid, and semisolid, materials that are
not the primary products of public, private, industrial, commercial, mining, and agricultural operations.
Solid waste includes, but is not limited to, sludge from wastewater treatment plants and seepage, septic
tanks, wood waste, dangerous waste, and problem wastes(source: Chapter 173-304-100 WAC).
Start of Construction. Includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement
was within one hundred eighty days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation
of piles,the construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways, nor does it
include excavation for a basement,footings, piers, or foundation or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
Streams. Those areas where surface waters flow sufficiently to produce a defined channel or bed. A
defined channel or bed is an area which demonstrates clear evidence of the passage of water and
includes, but is not limited to, bedrock channels,gravel beds, sand and silt beds and defined channel
swales. The channel or bed need not contain water year round.This definition is not meant to include
irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses,
unless they are used by salmon or used to convey streams naturally occurring prior to construction.
Resource Ordinance December 20, 2021 Page 14
For regulatory purposes under this chapter once streams are identified,the streams are typed following
the Washington State Department of Natural Resources Stream Typing System (WAC 222-16-030):
(1) "Type S Streams" are streams, within their bankfull width, as inventoried as "shorelines of the
state" under chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58 RCW
including periodically inundated areas of their associated wetlands.
(2) "Type F Streams" are segments of natural waters other than Type S Waters, which are within the
bankfull widths of defined channels and periodically inundated areas of their associated wetlands,
or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal
low water and which in any case contain fish habitat or are described by one of the following four
categories:
(a) Waters, which are diverted for domestic use by more than 10 residential or camping units or
by a public accommodation facility licensed to serve more than 10 persons,where such
diversion is determined by the department to be a valid appropriation of water and the only
practical water source for such users. Such waters shall be considered to be Type F Water
upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced
by 50 percent,whichever is less;
(b) Waters, which are diverted for use by federal, state,tribal or private fish hatcheries. Such
waters shall be considered Type F Water upstream from the point of diversion for 1,500 feet,
including tributaries if highly significant for protection of downstream water quality.The
department may allow additional harvest beyond the requirements of Type F Water
designation provided the department determines after a landowner-requested on-site
assessment by the department of fish and wildlife, department of ecology,the affected tribes
and interested parties that:
(i) The management practices proposed by the landowner will adequately protect water
quality for the fish hatchery; and
(ii) Such additional harvest meets the requirements of the water type designation that
would apply in the absence of the hatchery;
(c) Waters, which are within a federal, state, local, or private campground having more than 10
camping units: Provided,That the water shall not be considered to enter a campground until
it reaches the boundary of the park lands available for public use and comes within 100 feet
of a camping unit,trail or other park improvement;
(d) Riverine ponds, wall-based channels, and other channel features that are used by fish for off-
channel habitat.These areas are critical to the maintenance of optimum survival of fish. This
habitat shall be identified based on the following criteria:
(i) The site must be connected to a fish habitat stream and accessible during some
period of the year; and
(ii) The off-channel water must be accessible to fish.
(3) "Type Np Streams" are all segments of natural waters within the bankfull width of defined
channels that are perennial nonfish habitat streams. Perennial streams are flowing waters that do
not go dry any time of a year of normal rainfall and include the intermittent dry portions of the
perennial channel below the uppermost point of perennial flow.
(4) "Type Ns Streams" are all segments of natural waters within the bankfull width of the defined
channels that are not Type S, F, or Np Waters.These are seasonal, nonfish habitat streams in
which surface flow is not present for at least some portion of a year of normal rainfall and are not
Resource Ordinance December 20, 2021 Page 15
located downstream from any stream reach that is a Type Np Water. Ns Waters must be physically
connected by an above-ground channel system to Type S, F, or Np Waters.
*(5) For purposes of this section:
(a) "Residential unit" means a home, apartment, residential condominium unit or mobile home,
serving as the principal place of residence.
(b) "Camping unit" means an area intended and used for:
(i) Overnight camping or picnicking by the public containing at least a fireplace, picnic
table and access to water and sanitary facilities; or
(ii) A permanent home or condominium unit or mobile home not qualifying as a
"residential unit" because of part time occupancy.
(c) "Public accommodation facility" means a business establishment open to and licensed to
serve the public, such as a restaurant,tavern, motel or hotel.
(d) "Natural waters" only excludes water conveyance systems which are artificially constructed
and actively maintained for irrigation.
(e) "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-year low
water situation, as measured or estimated by accepted hydrologic techniques recognized by
the department.
(f) "Channel width and gradient" means a measurement over a representative section of at least
500 linear feet with at least 10 evenly spaced measurement points along the normal stream
channel but excluding unusually wide areas of negligible gradient such as marshy or swampy
areas, beaver ponds and impoundments. Channel gradient may be determined utilizing
stream profiles plotted from United States geological survey topographic maps (see board
manual section 23).
(g) "Intermittent streams" means those segments of streams that normally go dry.
(h) "Fish habitat" means habitat which is used by any fish at any life stage at any time of the year,
including potential habitat likely to be used by fish which could be recovered by restoration
or management and includes off-channel habitat.
Structure. A permanent or temporary building or edifice of any kind, or any piece of work artificially built
up or composed of parts joined together in some definite manner, whether installed on, above, or below
the surface of the ground or water, except for vessels. Retaining walls, decks, bulkheads, roads, fences,
and similar improvements to real property are all examples of structures. For section 8.52.130
(Frequently Flooded Areas), structure means a walled or roofed building including a gas or liquid storage
tank that is principally above ground.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed fifty percent of the market value of the
structure before the damage occurred.
Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds fifty percent of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition substantial improvement is considered to occur when first alteration of
Resource Ordinance December 20, 2021 Page 16
any wall, ceiling, floor, or other structural part of the building commences whether or not that
alteration affects the external dimension of the structure.
The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure safe living conditions, or
(2) Any alteration of structures listed on the National Register of Historic Places or a state inventory of
historic places. Surface Mining Operations: The mining of rock, stone, gravel, sand, earth and
minerals, as regulated by the Washington Department of Natural Resources pursuant to Chapter
78.44, RCW.
Threatened or Endangered Species. All species of wildlife listed as "threatened" or"endangered" by the
Washington State Department of Wildlife.
Trail. A trail is a limited use path or beaten track,with minimum improvements.
Type SP Streams. In addition to the DNR stream typing system,the county may propose to identify
specific streams of high value for anadromous fish for a higher level of habitat protection when they have
limiting factors that are dependent on buffer width.
Underground Storage Tanks(UST)or Below Ground Storage Tanks. Underground storage tanks and
connecting underground piping as defined in the rules adopted under Chapter 90.76 RCW; or any one or
combination of tanks (including underground pipes connected thereto)that is used to contain an
accumulation of regulated substances,the volume of which (including the volume of underground pipes
connected thereto) is ten percent or more beneath the surface of the ground.This term does not include
any exempt UST systems specified in WAC 173-360-110(2).The following UST systems, including any
piping connected thereto, are exempt from the definition:
(1) Any UST system holding hazardous waste subject to Subtitle c of the Federal Solid Waste Disposal
Act, or a mixture of such hazardous waste and other regulated substances.
(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated
under Section 402 or 307(b) of the Clean Water Act.
(3) Equipment or machinery that contains regulated substances for operational purposes such as
hydraulic lift tanks, and electrical equipment tanks.
(4) Any UST system whose capacity is one hundred gallons or less.
(5) Any UST system that contains a de minimus concentration of regulated substances.
(6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.
(7) Farm or residential UST systems of one thousand one hundred gallons or less capacity used for
storing motor fuel for noncommercial purposes (i.e., not for resale).
(8) UST systems used for storage of heating oil for consumptive use on the premises where stored;
except that such systems which store in excess of one thousand one hundred gallons are subject
to release reporting requirements of WAC 173-360-372.
(9) Septic tanks.
(10) Any pipeline facility(including gathering lines) regulated under:
(a) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C.App. 1671, et seq.); or
(b) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.); or
Resource Ordinance December 20, 2021 Page 17
(c) Which is an intrastate pipeline facility regulated under state laws comparable to the provision
of the law referred to in (x)(a) or(b) of this subsection.
(11) Surface impoundments, pits, ponds, and lagoons.
(12) Stormwater or wastewater collection systems.
(13) Flow-through processing tanks.
(14) Liquid traps or associated gathering lines directly related to oil or gas production and gathering
operations.
(15) Storage tanks situated in an underground area (such as a basement, cellar,vault, mineworking
drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.
Variance. A grant of relief from the specific requirements of this chapter which permits use of property in
a manner that would otherwise be prohibited by this chapter.
Vegetation Area. An area of land used or designated for the purpose of insulating or separating a
structure or land use from a critical area or resource land in such a manner as to reduce or mitigate any
adverse impacts of the developed area. Permitted development and activities within vegetation areas
depend on the type of critical area or resource land the vegetation area is protecting.
Voluntary Stewardship Program. Enabled under the state's Growth Management Act (RCW 36.70A.700)
on July 22, 2011, this is a non-regulatory, incentive-based approach to protecting critical areas on
agricultural lands, while maintaining agricultural viability. (Refer to MCC 8.52.050(E))
WAC. Washington Administrative Code.
Water-dependent Use. A use that cannot exist in other than a waterfront location and is dependent on
the water by reason of the intrinsic nature of its operation. Examples include but are not limited to marine
terminals; ship building, repair, servicing and dry docking; docks, floats and buoys; boat launches;
aquaculture; and log booming.
Water-enjoyment Use. A recreational use or other use that facilitates public access to the shoreline as a
primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the
shoreline for a substantial number of people as a general characteristic of the use and which through
location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of
the shoreline. In order to qualify as a water-enjoyment use,the use must be open to the general public
and the shoreline-oriented space within the project must be devoted to the specific aspects of the use
that fosters shoreline enjoyment.
Water-oriented Use. A use that is water-dependent,water-related, or water-enjoyment, or a
combination of such uses.
Water-related Use. A use that is not intrinsically dependent on a waterfront location but whose operation
cannot occur economically and functionally without a shoreline location because (1)The use has a
functional requirement for a waterfront location such as the arrival or shipment of materials by water or
the need for large quantities of water; or(2)The use provides a necessary service supportive of the water-
dependent uses and the proximity of the use to its customers makes its services less expensive and/or
more convenient. Examples include but are not limited to warehousing of goods transported by water,
seafood processing, oil refineries, paper and wood mills (if materials or products are water transported)
and ships' parts and equipment fabrication.
Resource Ordinance December 20, 2021 Page 18
Watershed. A geographic area of land bounded by topographic high points in which water drains to a
common destination.
Waters of the State. A classification system established in WAC 222-16-030, or as hereafter amended.
Well Head Protection Area. The area delineated by the well head protection plan for a Class A public
water system and approved by the Washington State Department of Health after June 1994, in accordance
to Chapter 246-290 WAC.
Wetland Edge. The boundary of a wetland as delineated based on the regulations contained in this
chapter.
Wetland Hydrology. Permanent or periodic inundation, or soil saturation to the surface during the
growing season which typically creates anaerobic conditions in the soil that affects the types of plants that
can grow and the types of soils that can develop. The presence of wetland hydrology shall be determined
following the methods described in the approved federal wetland delineation manual and applicable
regional supplements, as required by WAC 173-22-035.
Wetlands. Areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-
wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, waste water treatment facilities,farm ponds, and landscape amenities or those
wetlands created after July 1, 1990,that were unintentionally created as a result of the construction of a
road, street or highway. However, wetlands may include those artificial wetlands intentionally created
from non-wetland areas created to mitigate conversion of wetlands, if permitted by the county.
Wetlands, Creation or Establishment. The manipulation of the physical, chemical, or biological
characteristics present to develop a wetland on an upland or deepwater site where a wetland did not
previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of
upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the
growth of hydrophytic plant species.
Wetlands, Cowardin Classification. The first commonly used classification system for wetlands developed
in 1979 by the U.S. Fish and Wildlife Service. The Cowardin system classifies wetlands based on water
flow, substrate types,vegetation types, and dominant plant species. See Appendix A.
Wetlands, Enhancement. The manipulation of the physical, chemical, or biological characteristics of a
wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or
composition of the vegetation present. Enhancement is undertaken for specified purposes such as water
quality improvement,flood water retention, or wildlife habitat. Enhancement results in a change in some
wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in
wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species,
modifying site elevations or the proportion of open water to influence hydroperiods, or some combination
of these activities.
Wetlands, Estuarine. Wetlands where salt tolerant plant species are dominant and the water regime is
influenced by tidal action. The wetlands are usually partially enclosed by land with open, or partially
obstructed access to open saline water. In areas where freshwater wetlands grade into estuarine areas,
Resource Ordinance December 20, 2021 Page 19
the boundary of the latter extends to an area where the salinity is less than five ppt (parts per thousand)
during the period of average annual low flow.
Wetlands, Forested. A wetland class in the Cowardin classification where woody plants taller than twenty
feet from the dominant cover. Shrubs often form a second layer beneath the forest canopy, with a layer
of herbaceous plants growing beneath the shrubs.
Wetlands, Isolated. Wetlands that have no surface water connections to other aquatic resources. For the
purposes of this chapter, wetlands are not regulated as "isolated wetlands" if they are part of a mosaic
wetlands. (See Wetlands, Mosaic for additional information.)
.— boil
Wetlands, Mosaic. Groups of wetlands that should be rated '
and regulated as an aggregate. Although each patch the r
wetlands that make up the mosaic is separated from nearby t
wetlands by some upland area these wetlands are not
regulated as "isolated wetlands" as the term is used in this
uvetlands
chapter. That is, in determining whether a wetland falls into Upland5
the category of non-regulated wetlands (See Table 8.52.110)
the area of the wetland is the area of the mosaic wetland and Total wetland area;-50%
not the area of an individual wetland component of the mosaic.
Guidance for determining when nearby wetlands compose a
mosaic wetland is provided in the Washington State wetland Ado Unit i
rating system for western Washington — Revised, Washington
State Department of Ecology Publication# 14-06-029. The ilk • UPWId
patches of wetlands compose a mosaic when: (1)the patches
are less than one acre in size, (2) the patches are separated
from each other by one hundred feet or less on average, and LIM2
(3)the area of the wetlands in the potential mosaic are greater
than fifty percent of the total combined area of wetland and Total wetland area<50%
upland. An illustration of this analysis of whether the potential
mosaic should be considered as an aggregate rather than as individual isolated wetlands is shown below.
(The illustration is from the DOE Guidance Document Volumes 1 and 2.)
Wetlands, Protection/Maintenance (Preservation). Removing a threat to, or preventing the decline of,
wetland conditions by an action in or near a wetland. This includes the purchase of land or easements,
repairing water control structures or fences, or structural protection such as repairing a barrier island.
This term also includes activities commonly associated with the term preservation. Preservation does not
result in a gain of wetland acres, may result in a gain in functions, and will be used only in exceptional
circumstances. Preservation does not result in a gain of wetland acres, may result in a gain in functions,
and will be used only in exceptional circumstances.
Wetland Restoration. The manipulation of the physical, chemical, or biological characteristics of a site
with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose
of tracking net gains in wetland acres, restoration is divided into:
(1) Re-establishment. The manipulation of the physical, chemical, or biological characteristics of a site
with the goal of returning natural or historic functions to a former wetland. Re-establishment
results in a gain in wetland acres (and functions). Activities could include removing fill material,
plugging ditches, or breaking drain tiles.
(2) Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site
with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation
Resource Ordinance December 20, 2021 Page 20
results in a gain in wetland function but does not result in a gain in wetland acres. Activities could
involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a
wetland.
Wetlands with a High Conservation Value (formerly called Natural Heritage Wetlands). Wetlands that
are identified by the Natural Heritage Program of the Washington State Department of Natural Resources
as important ecosystems for maintaining plant diversity in our state.
(Ord. 138-06(part),2006;Ord. 50-04 Attach.B(part),2004;Ord. 24-04 Attach.B,2004;Ord. 89-00,Attachment A
(part),2000;Ord. 118-99,Attachment B §§4,5, 1999;Ord. 16-00,Attachment D,2000;Ord. 62-99(part), 1999;Ord.
152-97(part), 1997;Ord. 112-97(part), 1997;Ord. 111-97(part), 1997;Ord. 56-97(part), 1997;Ord. 36A-97(part),
1997: Ord. 77-93 (part), 1993).
8.52.040 Establishment of Designated Lands
(A) Designation Authority.
Under authority of 36.70 and 36.70A RCW, portions of Mason County are designated as critical
areas and/or resource lands as are necessary to protect the natural environment, protect public and
private property, maintain and enhance natural resource based industries, and enhance the health,
safety and welfare of the public.
(B) Scope of Authority.
(1) Within the designated resource lands and critical areas established by this chapter, all
buildings or structures which shall be erected, reconstructed, altered, enlarged or relocated;
all lots or parcels which shall be created, used or developed; all grading or land clearing which
shall be engaged in, and all other land uses, shall be in compliance with this chapter. All
development and uses which are not "Permit required," or"Conditional Uses" must meet the
terms of this chapter, and any applicable regulations listed in Section 8.52.050. This chapter
establishes standards and review processes for all proposed uses which shall be followed
prior to commencement of those uses.
(2) Areas in Mason County in one or more critical areas or resource lands, may be subject to
regulations pursuant to this chapter. When an area is designated under more than one
critical area or resource land, all applicable sections of this chapter shall be met; provided any
and all permit processing shall occur concurrently. In case of conflict,the more protective
provision shall prevail.
(C) Boundaries of Designated Lands.
(1) Designated resource lands and critical areas are bounded and defined, in part, as shown on
the following official maps of Mason County,which together with all explanatory materials
contained thereon, are made a part of this chapter. These maps will automatically be
updated as new data becomes available.
(a) "Mason County Long-Term Commercial Forest and Inholdings as shown on the
Development Areas Map 1."
Resource Ordinance December 20, 2021 Page 21
(b) "Water Type Reference Maps of Mason County," Washington Department of Natural
Resources.
(c) "Mason County Soil Survey Map," United States Department of Agriculture; Series
1951, No. 9.
(d) "Mason County Critical Aquifer Recharge Areas Map."
(e) "The Flood Insurance Study for Mason County," U.S. Federal Emergency Management
Agency.
(f) "National Wetlands Inventory," U.S. Fish and Wildlife Service, and all Mason County
Maps referencing wetlands.
(g) The approximate location and extent of critical fish and wildlife habitat areas as
displayed in the Washington Department of Fish and Wildlife's (WDFW) Priority Habitat
and Species (PHS) Program database.
(h) Kelp and eelgrass beds, identified by the Department of Natural Resources Aquatic
Lands Division and the Department of Ecology, including, but not limited to, locations of
kelp and eelgrass beds compiled in the Puget Sound Environmental Atlas.
(i) Herring and smelt spawning times and locations outlined in WAC 220-110-240 through
220-110-260 and the Puget Sound Environmental Atlas.
(j) Other maps adopted in specific sections of the Resource Ordinance.
Each map shall state the source or sources of scientific and other methodologies used in the
determination of boundaries, and all maps shall be individually stored and available for
review at the Mason County Department of Community Services, except for the priority
habitat and species program data,which is available to the public from the WDFW.
(2) The actual presence or absence of lands which meet the designation criteria for a specific
critical area or resource land shall govern the treatment of a specific development proposal.
When classification criteria contain both map references and non-map criteria to be reviewed
on-site,the non-map criteria shall take precedence. When,through project review, lands or
waters are discovered which are required by the text of this chapter to be designated in
another classification than that shown on the map,the text designation shall take precedence
over mapping, and any development therein or thereon shall comply with this chapter. The
property owner or the county may initiate a reclassification procedure pursuant to Section
8.52.190 of this chapter, wherein any official map shall also be amended to conform to the
redesignation.
(3) Interpretation of Boundaries.
The following rules shall be used to determine the precise location of any designation
boundary shown on any official critical area or resource land map of Mason County:
(a) Boundaries shown as following or approximately following the limits of any city shall be
construed as following such limits;
(b) Boundaries shown as following or approximately following roads or streets shall be
construed to follow the centerline of such roads or streets;
(c) Boundaries which follow or approximately follow platted lot lines or assessor's parcel
boundary lines shall be construed as following such lines;
Resource Ordinance December 20, 2021 Page 22
(d) Boundaries shown as following or approximately following section lines, half-section
lines, or quarter-section lines shall be construed as following such lines;
(e) Boundaries shown as following or approximately following shorelines of any lakes or
Puget Sound shall be construed to follow the ordinary high water lines of such bodies
of water, and, in the event of change in the ordinary high water line, shall be construed
as moving with the actual ordinary high water line.
(f) Boundaries shown as following or approximately following the centerline of streams,
rivers, or other continuously flowing water courses shall be construed as following the
channel centerline of such water courses taken midway between the ordinary high
water marks of such channel, and, in the event of a natural change in the location of
such streams, rivers, or other water courses, the designation boundary shall be
construed as moving with the channel centerline.
(g) Boundaries shown as separated from, and parallel or approximately parallel with, any
of the features listed in paragraphs a through f above shall be construed to be parallel
with such features and at such distances therefrom as are shown on the map.
(4) Interpretation of Parcel Sizes.
The following rules shall be used to interpret parcel or property sizes for determinations in
classifications, designations, and regulations of this chapter:
(a) Parcels legally described as 1/256th of a section shall be equivalent to two and one-half
acres (1.08 hectares).
(b) Parcels legally described as 1/128th of a section shall be equivalent to five acres(2.15
hectares).
(c) Parcels legally described as 1/64th of a section shall be equivalent to ten acres (4.03
hectares).
(d) Parcels legally described as 1/32nd of a section shall be equivalent to twenty acres
(8.06 hectares).
(e) Parcels legally described as 1/16th of a section shall be equivalent to forty acres (16.12
hectares).
(f) Parcels legally described as 1/8th of a section shall be equivalent to eighty acres (32.24
hectares).
(g) Property legally described as one section shall be equivalent to six hundred forty acres
(257.92 hectares).
(5) Preferential Right to Manage Resources — "Right to Forestry," "Right to Farm," "Right to
Mine." Description of Preferential Rights.
(a) No resource use or any of its component activities shall be or become a nuisance,
private or public, by any changed conditions in or about the locality thereof after the
same has been in operation for more than five years,when such operation was not a
nuisance at the time the operation began; provided that the provisions of this
subsection shall not apply whenever a nuisance results from the negligent or improper
operation of any such operation or its component activities, and the property owner
follows the standards of this chapter.
Resource Ordinance December 20, 2021 Page 23
(b) A resource operation shall not be found to be a public or private nuisance if the
operation conforms to local, state, and federal law and best management practices.
(c) A farm or forest operation shall not be restricted to time of day or days of the week,
but shall be conducted according to best management practices pursuant to state law.
(d) A farm or forest operation shall be free from excessive or arbitrary regulation.
(Ord. 138-06(part),2006: Ord. 118-99,Attachment B §2, 1999;Ord. 56-97(part), 1997;Ord. 77-93 (part), 1993).
8.52.050 Relationship to Other Regulations
(A) General Provision.
No permit granted pursuant to this chapter shall remove an applicant's obligation to comply in all
respects with the applicable provisions of any other federal, state, or local law or regulation,
including, but not limited to,the acquisition of any other required permit or approval.
(B) State Environmental Policy Act.
This chapter is an officially adopted land use policy of the county and shall be a basis for analyzing
development proposals pursuant to 43.21c RCW. The areas described on adopted critical area
maps, pursuant to Section 8.52.040(C)(1), are declared sensitive areas under provisions of WAC 197-
11-908.
(C) County Policies and Regulations.
(1) The following adopted county policies and regulations shall be enforced consistent with the
terms of this chapter:
(a) International Building& Residential Code;
(b) International Fire Code;
(c) Mason County Health Code;
(d) Mason County Environmental Policy Ordinance;
(e) Mason County Mobile Home and Recreational Vehicle Ordinance;
(f) Mason County Six-year Transportation Improvement Program;
(g) Title 16, Mason County Subdivision Ordinance including Large Lot Requirements;
(h) Parking Standards Ordinance;
(i) Other adopted ordinances by Mason County;
Where this chapter is found inconsistent with any of the above documents,the more
restrictive terms shall prevail. All county application forms, review procedures, or standards
that are inconsistent with this chapter shall be amended within three months of adoption of
this chapter; except where to do so would require approval by state authorities, or extended
local public review, in which case, no time limit is established.
Resource Ordinance December 20, 2021 Page 24
(2) Responsibilities of county departments of Community Services (Building Environmental
Health, and Planning Divisions) and Public Works.
For all development applications under the preview of the county Building Official,
Environmental Health Manager, and/or Public Works Director, and in the course of their
respective standard site inspection programs, a site inspection shall be performed to
determine whether the site has lands, waters or shorelands that are likely to meet the
designation criteria for one or more county resource lands or critical areas. If a site is found
likely to contain such lands, the building official, Environmental Health Manager and/or Public
Works Director shall notify the Planning Manager of that interpretation and any permit under
their authority shall not be approved until:
(a) The Planning Manager finds that the site does not contain any lands, shorelands, or
waters subject to regulations under this chapter; or
(b) The Planning Manager finds that the site does contain lands, shorelands, or waters
subject to regulations under this chapter and the proposed development is in
compliance with all regulatory and procedural requirements of this chapter.
(D) Shoreline Master Program and Flood Damage Prevention Regulations.
(1) Mason County intends for the policies and regulations of this chapter to be compatible and
consistent with the following adopted county policies and regulations:
(a) Mason County Flood Damage Prevention Ordinance (MCFDPO);
(b) Mason County Shoreline Master Program (MCSMP) 17.50 MCC.
(2) While there are no inherent conflicts between this chapter and the MCFDPO, and the
MCSMP,there may be sections that overlap as in the case of Section 8.52.140. Where such
sections overlap,the more restrictive policy or regulation between either of the above
documents and this chapter shall prevail, except where substantive or procedural
requirements are specified in the SMP.
(3) All activities and developments that are subject to approval under provisions of this chapter
that also require approval of the MCFDPO, shall be processed under provisions of the
MCFDPO and shall meet all the standards of this chapter. Granting of approval of the
MCFDPO shall constitute compliance with this chapter.
(4) All activities and developments that are subject to approval under provisions of this chapter
that also require approval of the MCSMP, shall be processed concurrently with provisions of
the MCSMP and shall met all the requirements of this chapter. Where provisions of the
MCFDPO and the MCSMP conflict,the more restrictive provisions shall apply. Applications
that are processed as a Mason Environmental Permit per MCC 8.52.190(C), and do not
require a Shoreline Variance, Shoreline Substantial Development Permit, or Shoreline
Conditional Use shall instead be processed as a Shoreline Exemption.
(5) The general exemptions in section 8.52.200 do not apply within Shoreline Jurisdiction. For
exemptions to the SMP, see section 17.50.060(E) and WAC 173-27-045. For exemptions from
the Substantial Development Permit process, see section 17.50.400(B)(1) and WAC 173-27-
040.
Resource Ordinance December 20, 2021 Page 25
(E) Voluntary Stewardship Program.
Washington's Growth Management Act (Chapter 36.70A RCW) requires all counties to identify and
protect critical areas, including critical areas on agricultural lands.The Voluntary Stewardship
Program (VSP), adopted on July 22, 2011, offers a voluntary, incentive based approach for counties
to meet that requirement.The Program begins by establishing a baseline of critical area conditions
and then monitors responsive changes to that baseline over a 10-year period. The VSP applies to
land where agricultural activities occur, and provides a unique strategy to protect critical areas while
also promoting agriculture. Rather than creating new regulations,the VSP allows Mason County to
rely on education, outreach, and voluntary incentive programs to achieve protection. Under VSP,
critical areas on lands where agricultural activities are conducted are protected under this voluntary
program instead of the resource regulations through best management, or conservation, practices.
Lands used for non-agricultural purposes continue to be regulated under the regulations of this
Chapter. The guiding document for the VSP is the Work Plan; however the VSP is not a regulatory
program and the completed Work Plan is not formally adopted by the Mason County
Commissioners. The VSP does not grant the state or the county any additional regulatory authority.
(1) Work Plan
The Work Plan was developed by the VSP Work Group which is a Commissioner appointment
citizen group comprised of agricultural producers, interested citizens, and agency
representatives.The Work Plan includes detailed information such as protection and
enhancement goals, measurable benchmarks, and an implementation, reporting, and tracking
framework. One of the main goals of the Work Plan is to identify conservation practices that
are implemented under existing programs or voluntarily implemented practices, and identify
future goals and benchmarks for continued protection and enhancement of the County's
critical area functions and values.
(2) Participation in VSP
The VSP applies to all agricultural activities where they intersect with critical areas, including
new and ongoing activities. Many agricultural operators in Mason County are already
conducting conservation practices that promote agricultural viability while also providing
protections to critical areas. Under VSP, operators have flexibility in how they participate
ranging from continuing current agricultural operations outside of any tracking framework to
implementing an Individual Stewardship Plan with new or additional conservation practices
and annually sharing practices implemented as part of the reporting process. No agricultural
operator will be required to participate in voluntary stewardship practices as part of this
program, and the program cannot require anyone to discontinue any agricultural activities
legally existing before July 22, 2011.
(3) Individual Stewardship Plans
Individual Stewardship Plans (ISPs) are generally prepared by the Mason Conservation
District, as the designated technical assistance entity, together with the agricultural operator,
to capture the protection and/or enhancement activities performed by the operator as part
of the VSP. ISPs are not defined in the VSP statute, and could even take the form of a simple
checklist of conservation practices and programs that further the goals of the VSP. Every ISP
developed as part of the VSP will count toward the success of the overall program, even if it
captures conservation practices already being implemented as long as they were started after
the baseline date of July 22, 2011.
(4) Baseline Conditions
Resource Ordinance December 20, 2021 Page 26
The effective date of the VSP legislation is July 22, 2011.This date identifies the baseline for
protecting critical areas functions and maintaining agricultural viability that will be the
comparison for determining the success of the Work Plan during implementation.
(5) Benefits to Participation
The VSP serves as an alternative to the regulatory approach of the GMA by allowing Counties
to show protection of critical areas through voluntary stewardship measures. Participating in
VSP contributes to its overall success, which means less regulatory burden on Mason County's
agriculture operators. At the County level, the VSP provides an opportunity to avoid
application of critical area regulations to agricultural activities, while developing a locally-
tailored approach to protection of critical areas on agricultural lands. At the individual level,
participants receive technical assistance including leveraging existing voluntary incentive
programs such as financial assistance and cost share programs, and the planning and
implementation of conservation activities. VSP encourages the implementation of
conservation activities that benefit agricultural viability.
(6) Regulatory Backstop
The VSP allows for counties to incorporate existing regulations that help achieve the Work
Plan's goals and benchmarks. These regulatory backstops are portions of this Chapter that
will remain in full force and effect, and existing and future agricultural activities occurring in
these critical areas will continue to be regulated under the County's resource regulations.
Under the approved Work Plan, Section 8.52.140 (Geologically Hazardous Areas), Section
8.52.150 (Seismic Hazard Areas), and Section 8.52.130(Frequently Flooded Areas) will remain
in effect for agricultural activities occurring in these critical areas.
(Ord.77-93 (part), 1993).
8.52.060 Long-Term Commercial Forest Lands
The purpose of this Section is to maintain and enhance natural resource based industries, to encourage
the conservation of commercial forest lands, to have no net loss of forest lands, and to discourage
incompatible land use.
(A) Classification.
The following criteria, as they existed on January 31, 1992, shall be used in classifying Long-Term
Commercial Forest Lands:
(1) Property tax classification: Property is enrolled, as of January 31, 1992 in the Open Space-
Timber or Designated Forest or Classified Forest property tax classification program pursuant
to Chapter 84.33 or 84.34 RCW, or is owned by a state or local governmental body with long-
term forest management as its primary use; and
(2) Minimum block size is 5000 acres (2015 hectares)which shall consists of a minimum parcel
size of 80 acres within said block, and which can be in multiple ownerships; and
(3) In any one block, no more than 5% is used for non-resource use; and
Resource Ordinance December 20, 2021 Page 27
(4) The property is greater than 2 miles(3220 meters)from the city limits of Shelton or outside any
designated urban growth boundaries in Mason County, when so established by the County;
and
(5) 50% or more of an ownership parcel shall have a Douglas Fir Site Index of 118 (Land Grade 2)
or better pursuant to WAC 458-40-530. In addition,those property owners who have more
than 4000 acres of property within Mason County that meet that criterion, shall also include
all properties with a Douglas Fir Site Index of 99 (Land Grade 3) or better pursuant to WAC
458-40-530; and
(6) Greater than 50%of the linear frontage of the perimeter of any parcel meeting classification
criteria 1 -6 above shall abut parcels that are greater than five (5) acres (2.15 hectares).
(7) In addition,the property that is equal to or greater than 40 acres in size, or is a Government
Lot; and is contiguous with property under the same ownership that meet classification
criteria 1 -7 above.
(8) In addition, property that is composed of one or more parcels 40 acres (16.12 hectares) or
greater in size that borders United States Forest Service property on more than one side,
irrespective of its consistency with classification criteria 1 -8 above.
(B) Designation.
Lands of Mason County meeting the classification criteria for Long-Term Commercial Forest Land,
and so specified on the official Mason County Map, available at the Mason County Planning
Department,titled, "Mason County Long-Term Commercial Forest Lands and In-holding Lands,
1991" or as thereafter amended, are hereby designated, under RCW 36.70A.060 and RCW
36.70A.170, as conservation areas for forest resource lands of long-term commercial significance.
Exempted from this designation are the lands described in 8.52.070 Inholding Lands, in 8.52.070 A
and B.
(C) Land Uses.
Uses and activities determined by the Director to have the potential to cause an impact on the
purpose of the Long-term Commercial Forest designated area, shall be considered an Unspecified
Conditional Use, and is appealable to the Board of Commissioners. Unspecified uses and activities
may not be incompatible with long-term resource uses of surrounding properties.
(1) Mason Environmental Permit Required Uses
(a) "Class IV-General Forest Practices" under the authority of the "1992 Washington State
Forest Practices Act Rules and Regulations", WAC 222-12-030, or as thereafter
amended; which involve conversion to a Permit Required Use.
(b) Saw mills, shake and shingle mills, plywood mills and the production of green veneer,
particle board plants and other products from wood residues, chippers, pole yards, log
sorting and storage, buildings for debarking, drying kilns and equipment, accessory uses
including but not limited to scaling and weighing stations,temporary crew quarters,
storage and maintenance facilities, residue storage and disposal areas and other uses
involved in the harvesting and commercial production of forest products.
(c) Forestry, environmental and natural resource facilities.
Resource Ordinance December 20, 2021 Page 28
(d) Public and semi-public structures including but not limited to fire stations, utility
substations, and energy transmission facilities equal to or greater than 235 KV.
(e) All other accessory structures and uses that are customarily associated with and
secondary to the primary permitted uses.
(f) Publicly developed low intensity recreational facilities including but not limited to
parks, campgrounds, and boat launches.
(g) Other uses and activities determined by the Director to be potentially incompatible
uses, and requiring a similar level of County review as other Permit required uses.
(2) Mason Conditional Environmental Permit Required Uses
(a) "Class IV-General Forest Practices" under authority of the "1992 Washington State
Forest Practices Act Rules and Regulations", WAC 222-12-030, or as thereafter
amended; which involve conversion to a Conditional Use.
(b) State correction work camps to supply labor for forest management related work
projects and for forest fire control.
(c) Aircraft landing fields.
(d) Sludge application.
(e) Unspecified Conditional Uses: Uses and activities not specifically Exempt, Permit
Required, or Conditional, but are determined by the Director to have the potential to
cause an impact on the intent of the Long-term Commercial Forest designated area,
shall be considered an Unspecified Conditional Use, and is appealable to the Board of
Commissioners. Unspecified Conditional Uses may not be incompatible with the long-
term resource use on surrounding properties.
(D) Development Standards.
(1) Lot Size/Density
The minimum lot size for any new subdivision, short subdivision or large lot segregation of
property shall be 80 acres. Exceptions to this minimum lot size may occur for non-residential
Permit Required and Conditional Uses and facilities; provided that the County finds that there
will be no impact on surrounding resource uses and further provided that a restrictive
covenant be placed on said property by the property owner,to be held by the County,
prohibiting future residential use. Limitations on density and uses are designed to provide
timber resource protection and to ensure compatible uses.
(E) Preferential Right to Manage Resources and Resource Use Notices.
(1) For land owners who have land designated as Long-Term Commercial Forest, provisions of
"Right to Forestry" provided under Section 17.01.040.C.5 shall fully apply.
(2) Resource Use Notices
(a) For properties Designated Long-Term Commercial Forest Land upon application of the
property owner or owners pursuant to Section 17.01.130 of this Chapter:
Within two (2)weeks of redesignation to Long-Term Commercial Forest Land,the
property owner(s) of said land shall submit to the County, for recording with the
Resource Ordinance December 20, 2021 Page 29
County Auditor, a written notice of the designation. This notice shall be in a form
authorized by the Director and shall include:
(i) The legal description of the property subject to the designation.
(ii) The sixteenth (1/16) section or sections in which lie:
a. the designated property; and
b. any other property within 500 feet of the boundary of the designated
property.
(iii) The following statement:
NOTIFICATION
This notification is to inform property owners that the property described herein
is designated as or within 500 feet of land designated for commercial forestry,
mining, or agriculture. Mason County has established designated Long-Term
Commercial Forest Land that sets as a priority the use of these lands for
commercial forest management, mining, and agriculture. Residents of this
property may be subject to inconvenience or discomfort associated with the
uses, including, but not limited to, occasional dust, noise, and odor from
commercial thinning, clear cutting, slash burning, blowdowns, surface mining,
and/or chemical applications. Residents of adjacent property within 500 feet of
said lands, should be prepared to accept such inconvenience or discomfort from
normal and necessary operations."
The forest owner shall execute and acknowledge the notice, and pay the fee for
recording the notice to the County.
(b) For properties Designated Long-Term Commercial Forest Land pursuant to Section
17.01.060.13 of this Chapter:
Within two (2) months of the effective date of this Chapter,the Director shall submit to
the County Auditor for recording, a written notice of all County initiated and
Designated Long-Term Commercial Forest Lands. This notice shall be in a form similar
to "a" above.
The Director shall execute and acknowledge the notice, and no affected property
owner shall be charged a fee for recording the notice.
(c) For all properties within 500 feet of designated Long-Term Commercial Forest Land:
All new plats, short subdivisions, large lot subdivisions, and building permits issued by
Mason County for development activities on any property designated as Long-Term
Commercial Forest Land, or within 500 feet thereof, shall contain a notice as specified
in "(a)(iii)" above.
(d) It shall be the responsibility of any property owner who contemplates placement of any
structure requiring a building permit within 50 feet of any designated Long-Term
Commercial Forest Land property to notify the Forest Land owner of their intent to do
SO.
Notice shall be made by written letter, sent by certified U.S. mail,with return receipt,
to notify the owner of the adjacent Long-Term Commercial Forest Land. Enclosed with
the letter shall be a copy of the proposed plot plan showing approximate placement of
said structure. Notice must be mailed before any construction begins.
Resource Ordinance December 20, 2021 Page 30
A copy of the Certified notice shall be attached to the building permit application by the
applicant and the County Building Director shall not issue the permit until at least 15
days, after the date of the mailing of the Certified notice, or upon affirmative response
from the Long-Term Commercial Forest owner.
The requirement to notify shall in no way be a requirement upon the property owner
to place any specific setback upon the proposed structure, but shall be a period of time
to allow time for the Long-Term Forest land owner to explain the possible benefits to
the property owner as to a larger buffer between the proposed structure and the Long-
Term Commercial Forest Lands.
8.52.061 Agricultural Resource Lands
The purpose of this section is to maintain and enhance natural resource based industries, to encourage
the conservation of commercial agricultural lands, and to discourage incompatible land use.
(A) Classification.
The following criteria shall be used in identifying lands appropriate for Agricultural Resource Lands:
(1) The property has an existing commercial agricultural use (as of the date of designation) or
where the property was used for agricultural purposes as of January 1991, where identified
by property tax classification in the open space-agriculture property tax classification
program pursuant to Chapter 84.34 RCW or where agricultural use has been identified as the
principal use of the property, are presumed to meet this criteria;
(2) The property has a minimum parcel size of ten (10) acres;
(3) The parcel has prime farmland soils;
(4) The property is surrounded by or adjacent to lands qualifying under classification criteria (1)
to (3) above;
(5) The property is an upland fin-fish hatchery. Provided that, property owners may apply to have
their land designated as Agricultural Resource Lands upon a showing that the property is
eligible for and participates in the open space -agricultural property tax classification
program pursuant to Chapter 84.34 and upon a showing that either that the property has
prime farmland soils or that, in some other fashion,the agricultural use has long-term
commercial significance. Such applications shall be reviewed by the county as provided for in
the annual amendment process for the county Comprehensive Plan and Development
Regulations.
(B) Designation.
Lands of Mason County which have been identified as meeting the classification criteria for
Agricultural Resource Lands, and are so specified on the official Mason County map, available at the
Resource Ordinance December 20, 2021 Page 31
Mason County Planning Division, titled, "Mason County Agricultural Resource Lands" or as
thereafter amended, are designated as Agricultural Resource Lands.
(C) Land Uses.
Development and land uses and activities allowed in the Agricultural Resource Lands or on adjacent
lands are as specified in the Mason County Development Regulations and other applicable
ordinances, codes and regulations.
(1) Accessory uses that support, promote, or sustain agricultural operations and production, are
allowed and shall comply with the following standards:
(a) Accessory uses shall be located, designed, and operated so as not to interfere with
natural resource land uses and shall be accessory to the growing of crops or raising of
animals;
(b) Accessory commercial or retail uses shall predominately produce, store, or sell
regionally produced agricultural products from one or more producers, products
derived from regional agricultural production, agriculturally related experiences, or
products produced on-site.Accessory commercial and retail uses shall offer for sale
predominantly products or services produced on-site; and
(c) Accessory uses may operate out of existing or new buildings with parking and other
supportive uses consistent with the size and scale of existing agricultural buildings on
the site but shall not otherwise convert agricultural land to nonagricultural uses.
(2) Accessory uses may include compatible commercial or retail uses including, but not limited to,
the following:
(a) Storage and refrigeration of regional agricultural products;
(b) Production, sales, and marketing of value-added agricultural products derived from
regional sources;
(c) Supplemental sources of on-farm income that support and sustain on-farm agricultural
operations and production;
(d) Support services that facilitate the production, marketing, and distribution of
agricultural products; and
(e) Off-farm and on-farm sales and marketing of predominately regional agricultural
products and experiences, locally made art and arts and crafts, and ancillary retail sales
or service activities.
(D) Development Standards.
(1) Development Standards for Proposed Land Uses.
(a) Front yard setback: twenty-five feet.
(b) Side and rear yard setbacks: side and rear yard setbacks for the residential dwelling is
twenty feet,for accessory buildings shall be twenty feet,for accessory structures used
for agricultural purposes or home occupations shall be fifty feet, and for buildings of
nonresidential land uses shall be fifty feet.
(c) Floor Area Ratio: one is to twenty, except for fire stations.
Resource Ordinance December 20, 2021 Page 32
(d) Size: five thousand sq. ft. maximum (or up to seven thousand five hundred sq.ft. with a
special use permit) for nonagricultural and accessory buildings except for dwellings and
agricultural buildings.
(e) Height: thirty-five feet except for agricultural buildings, cell towers, antennas or water
tanks.
(2) Proposed land uses shall meet the review standards for land uses established in the Mason
County development regulations, including Section 17.03.020 (Matrix of Permitted Uses) and
Section 17.03.021 (Home Occupation and Cottage Industries).
(E) Preferential Right to Manage Resources and Resource Use Notices.
(1) For land owners who have land designated as Agricultural Resource Lands, provisions of
"Right to Farm" provided under Section 8.52.040(C)(5) shall fully apply.
(2) All plats, short plats, large lot subdivision, development permits, and building permits issued
for activities on, or within five hundred feet of lands designated as Agricultural Resource
Lands shall contain the following notification: "This property is within or near designated
Agricultural Resource Lands on which a variety of commercial activities may occur at times
and that are not compatible with residential development. Residents of this property may be
subject to inconvenience or discomfort associated with these activities including, but not
limited to: dust, odor, noise, and chemical applications."
(Ord. 52-00,Attachment B,2000:Res. 91-99(part), 1999;Ord. 152-97(part), 1997). (Ord. 108-05 Attach.B(part),
2005).
8.52.070 Inholding Lands
The purpose of this section is to mitigate potential incompatible land uses between the long-term
commercial forest lands and the neighboring Inholding Lands.
(A) Classification.
The following criteria, as they exist at the time of adoption of this chapter, shall be used in
determining Inholding Lands:
(1) Lands that as a block are surrounded on all sides by designated long-term commercial forest
lands; or in the case of properties abutting another county on at least one side, lands that are
surrounded in the county by properties designated long-term commercial forest lands; and
maximum block size is less than six hundred forty acres (257.92 hectares) in size; and lands
that do not meet the classification criteria for long-term commercial forest lands.
(2) Lands which meet the criteria for long-term commercial forest lands pursuant to Section
8.52.060(A) of this chapter and are within four hundred feet of the Cloquallum/Lake
Communities border as of the effective date of this chapter. The border to be that defined on
the official map of"Mason County Long-Term Commercial Forest Lands and Inholding Lands."
Resource Ordinance December 20, 2021 Page 33
The intent of this classification is to mitigate potential incompatible land uses between the long-
term commercial forest land and the neighboring Inholding Lands.
(B) Designation.
(1) Lands of the county meeting the classification criteria for Inholding Lands, and so specified on
the official Mason County map, available at the County Planning Division,titled, "Mason
County Long-Term Commercial Forest Lands and Inholding Lands, 1991" or as thereafter
amended, are designated, under RCW 36.70A.060 and RCW 36.70A.170, as crucial areas for
the conservation of forest resource lands of long-term commercial significance.
(2) The four-hundred-foot strip described in subsection (A)(2) of this section, shall not be
designated as long-term commercial forest land.
(3) Inholding Lands shall remain Inholding Lands even if they no longer meet the classification
criteria in subsection (A) of this section due to the redesignation of some portion of the long-
term commercial forest land which had previously caused the subject property to meet the
criteria for classification as inholding land.
(C) Land Uses.
Permit-required and conditional uses within Inholding Lands are the same as for designated long-
term commercial forest lands, with the exception that mining and related activities are conditional
uses if the county has authority to make such determination pursuant to the State Surfacing Mining
Act, RCW 78.44 or as thereafter amended.
Land uses in the four-hundred-foot strip designated in subsection (B) of this section shall be the
same as Inholding Lands.
(D) Development Standards.
The following development standards for Inholding Lands shall apply to the lands designated in
subsection (B) of this section.
(1) Lot Size/Density.
The minimum lot area for any new subdivision, short subdivision or large lot segregation of
property shall be five acres (2.15 hectares). Exceptions to this minimum lot size may occur for
nonresidential permit-required and conditional uses and facilities; provided that the county
approval authority finds that there will be no impact on surrounding resource uses and
further provided that a restrictive covenant be placed on the property,to be held by the
county, prohibiting future residential use.
Average residential densities for any new subdivision or short subdivision of property may be
increased up to one unit per two and one-half acres (1.08 hectares); provided all of the
following conditions can be met:
(a) The property to be divided is at least twenty acres (8.06 hectares) in size; and
(b) Each residential lot created is no more than one acre (0.40 hectares) in size; and
(c) All identified residential building sites are located outside any one-hundred-year
floodplains,geologically hazardous areas, or other critical areas; and
Resource Ordinance December 20, 2021 Page 34
(d) The county approval authority finds that the design of the subdivision or short
subdivision minimizes impact on surrounding resource uses; and
(e) A natural resource management and/or conservation easement; to be held by the
county, recognized nonprofit land trust or similar institution; be placed on the
nonresidential portion of the subdivision or short subdivision restricting the use of the
property to uses consistent with natural resource management and/or conservation,
and prohibiting future residential use; or
A natural resource management and/or conservation restriction is placed on the face of
the plat accomplishing the same purpose as an easement.
No less than fifty percent of the subdivided property shall be maintained in this
manner.
(2) Each parcel currently below five acres in size may be developed for an individual single-family
residence.
(3) For lots five acres to 9.99 acres in size,the original owner at the time this plan is adopted may
divide their property into two parcels,the smallest of which is not less than 2.5 acres in size.
(4) (a) Other Development Standards.
(i) Front yard setback: Twenty-five feet;
(ii) Side and rear yard setbacks: Side and rear yard setbacks for the residential
dwelling is twenty feet, for accessory buildings shall be twenty feet,for accessory
structures used for agricultural purposes or home occupations shall be fifty feet,
and for buildings of nonresidential land uses shall be fifty feet;
(iii) Floor area ratio: 1:20, except for fire stations;
(iv) Size: Three thousand square feet maximum for nonagricultural and accessory
buildings except for dwellings and agricultural buildings;
(v) Height:Thirty-five feet except for agricultural buildings, cell towers, antennas, or
water tanks.
(b) Water Supply. Inholding properties shall meet all water supply standards as required
under Section 17.01.068 [sic].
(5) Preferential Right to Manage Resources.
For landowners who have designated Inholding Lands, provisions of"right to forestry" and
"right to farm" under Section 8.52.040(C)(5), and resources use notices provided under
Section 8.52.060(D), shall fully apply.
(Ord. 32-04 Attach.B (part),2004;Ord. 77-93 (part), 1993).(Ord.No.36-12,Att.A,4-17-2012)
Resource Ordinance December 20, 2021 Page 35
8.52.080 Agriculture & Forest Management Non-Designated
Lands
(A) Purpose
This Section provides for nuisance protections for certain agricultural and forest management uses.
(1) Agricultural Objective
This Section does not include any designation for agricultural lands. However the County
recognizes that many valuable agricultural operations do exist in the county where they are
an integral part of the rural economy and rural character, but which have not been
designated as agricultural resource lands. These operations should be provided protection
from the impacts of incompatible land use. This Section's objective is to preserve agricultural
land, not through designation and regulation, but through protection from nuisance suits.
(2) Forest Management Objective
This Section recognizes that commercial forest management is an integral part to the rural
economy and lifestyle and provides nuisance protections for forest management uses in all
but the existing and planned urban areas.
(B) Classification
(1) The following criterion shall be used in determining those Agricultural Lands in Mason County
qualifying for protection under provisions of this Section:
(a) The property is enrolled in the Open Space Agriculture property tax classification
program pursuant to Chapter 84.33 RCW.
(2) The following criterion shall be used in determining those Forest Management Lands in
Mason County qualifying for protection under provisions of this Section:
(a) The property is enrolled in the Open Space Timber or Designated Forest or Classified
Forest property tax classification programs, pursuant to Chapters 84.33 RCW or 84.34
RCW.
(3) Agriculture Lands and/or Forest Lands meeting the classification criteria of 8.52.080(B)(1) or
(13)(2) shall be given the protections of Subsection C below. However, no separate
Agricultural Land or other Forest Land designation shall be used due to a need for flexibility to
meet changing land uses, agricultural practices,forest practices and markets.
(C) Protection—"Right to Farm", "Right to Forestry"
Right to Farm and Forest protections, as specified in Section 8.52.040(C)(5), are provided to all
properties meeting the classification criteria of this Section.
Resource Ordinance December 20, 2021 Page 36
8.52.090 Mineral Resource Lands
The purpose of this section is to identify and designate commercial mineral lands, to establish guidelines
for their development and to discourage incompatible land use.
(A) Classification.
The following criteria shall be used in determining Mineral Resource Lands of long-term commercial
significance within the county:
(1) Class la—Mineral deposits which could meet the immediate and future needs of the regional
community. These deposits shall be of significant size (greater than twenty-five acres) and
readily accessible to water traffic on the Puget Sound;
Class lb—Mineral deposits which could meet the long-term future and immediate needs of
the regional community. These deposits shall be of significant size (greater than twenty-five
acres) and accessible to rail or truck haul routes;
(2) Class 2—Mineral deposits within existing permitted surface mining operations operating
under authority of RCW Chapter 78.44.
(B) Designation.
(1) Mineral lands of the county meeting the classification criteria for Class 1a and 1b mineral
resource of long-term commercial significance, and so specified on the official county map,
available at the County Planning Division titled "Mason County Long-Term Commercial
Mineral Lands, 1992" or as thereafter amended, are designated, under RCW 36.70A.060 and
RCW 36.70A.170, as conversation areas for mineral lands of long-term commercial
significance.
(2) Lands of the county meeting the classification criteria for Class 2 are eligible for designation as
mineral lands of long-term commercial significance. Those property owners who wish to "opt
in" to this designation may do so pursuant to Section 8.52.200(C)within sixty days of the
effective date of this chapter.This designation shall continue for as long as a state operating
permit exists.
Designation of mineral lands of long-term commercial significance does not mean that such lands
are exempt from the normal environmental review process of the county or state agencies. Areas
not now identified as Class 1a or Class 1b but where a qualified geologist or mining engineer can
now or in the future, demonstrate the probability for occurrence of a mineral deposit, may be so
designated upon approval of the county.
(C) Land Uses.
Prior to full utilization of a Class 1a or 1b designated mineral resource land's mineral resource
potential, subdivisions, short subdivisions or large lot segregation shall be prohibited. Exceptions
may be made through a resource redesignation or through the variance procedure.
(1) Conditional Uses.
(a) Mineral processing facilities including rock crushing, asphalt and concrete batch plants;
Resource Ordinance December 20, 2021 Page 37
(b) Public and semi-public structures including but not limited to fire stations, utility
substations, pump stations, and waste water treatment facilities;
(c) "Class IV—General Forest Practices" under authority of the "1992 Washington State
Forest Practices Act Rules and Regulations," WAC 222-12-030, or as thereafter
amended, which involve conversion to a conditional use in designated Mineral
Resource Lands;
(d) Any industrial or commercial development.
(D) Development Standards.
All mining operations shall conform to the following standards. Variances for these standards and
nonconforming uses may be appropriate when an operation is located in isolated areas or contains
unusual topographical conditions.
(1) Setbacks/Screening.
(a) Within Mineral Resource Lands.
(i) A fifty-foot (15.25 meter) setback from all property lines, other than for access
purposes onto public rights-of-way, shall be maintained for areas of direct cut or
fill connected with resource extraction operations. For mining operations,
setbacks may be increased when necessary to protect lateral support of abutting
properties or public rights-of-way.
(ii) A twenty-five-foot(7.63 meter) screen on all property lines, consisting of site
obscuring vegetation, or other methods to conceal the mine as approved by the
county shall be maintained.
(iii) A fifty-foot (15.25 meter) setback of all direct extraction operation areas shall be
maintained from public utility lines.
(2) Fencing. Prior to the commencement of surface mining, a fence shall be constructed and
maintained enclosing the area authorized by the surface mining permit if public safety is in
question. Fences shall be at least six feet in height and constructed of woven wire. Gates,the
same height as the fence, shall be installed at all points of vehicular or pedestrian ingress and
egress, and shall be kept locked when not in regular use.
(3) Road Access. For surface mining operations, access on any public right-of-way shall be
surfaced in accordance with the county engineering division or State Department of Highways
development standards as appropriate.
(4) Road Use. In order to assure maintenance and development of adequate county roadways,
owners of surface mining operations may be required to enter into a haul route agreement
with the county engineer upon adoption and implementation of a haul route agreement
program.
(5) Traffic Safety. The county engineer may require the installation of traffic control and warning
signs at intersections of private access roads with publicly maintained roads.
(6) Noise/Bright Lights.
(a) No development or activity shall exceed the maximum Environmental Noise Levels
established by WAC 173-60, and Chapter 9.36 of this code.
Resource Ordinance December 20, 2021 Page 38
(b) Bright lights are allowed outside of normal operating hours only for short-term mining
operations necessary to facilitate emergency repairs.
(7) Surface Mining Operation within Critical Aquifer Recharge Areas. The purpose of this section
is to protect critical aquifer recharge areas as required by RCW 36.70A.060(2).
Any surface mining operation within a critical aquifer recharge area (as designated in Section
8.52.120 shall meet the following standards:
(a) Fuel tanks and oil drums shall be double containment construction and protected by
bermed areas having adequate capacity to accommodate, contain, and allow the
removal of chemical spills. Fuel nozzles shall not contain locking devices. Fuel storage
shall be above ground. Fueling of mobile equipment shall be located at least twenty
feet above the seasonal high ground water level or within lined and bermed areas with
adequate capacity to accommodate, contain and allow the removal of chemical spills;
(b) All operations shall maintain a fuels/hazardous waste management plan maintained by
the operator and available on the site at all times;
(c) Fencing, or some comparable deterrent, shall be installed to prevent unauthorized
dumping of any materials within surface mining operations;
(d) Surface mines shall not use any noxious,toxic,flammable, compactable, or combustible
materials not specifically authorized by the county Division of Environmental Health for
backfill or reclamation. Noncontaminated process water used for gravel washing shall
be routed to settling ponds to minimize off-site discharges. A general permit from the
Department of Ecology for process and storm water discharge may substitute for these
requirements;
(e) On-site truck and equipment wash run-off shall be routed to a retention facilities
equipped with an oil-water separator prior to its release to settling ponds;
(f) Use of chemicals, petroleum or hazardous products, and disposal of such products, in
concrete or asphalt plant operations within critical aquifer recharge areas shall meet all
the standards set forth in WAC 90.48 and WAC 173.303.
(8) Public Safety. Owners of surface mines shall ensure that their operation(s) will not be
hazardous to neighboring uses. Blasting activities shall be conducted so that ground
vibrations and fly-rock to off-mine site uses are monitored and minimized.
(9) Waiver Clauses. The county may waive some or all of the restrictions outlined above
following a written finding of fact and favorable findings under SEPA.
(E) Preferential Right to Manage Resources and Resource Use Notice.
(1) For those land owners of Mineral Resource Lands who choose to use their property for
resource management,the provision of"right to mine" provided under Section 8.52.040(C)(5)
shall fully apply.
(2) Mining Use Notice.
(a) For properties designated mineral resource land upon application of the property
owner or owners pursuant to Section 8.52.200(B) of this chapter.
Resource Ordinance December 20, 2021 Page 39
Within two weeks of redesignation to mineral resource land, pursuant to Section
8.52.200(B),the property owner(s) of the land shall submit to the county, for recording
with the county Auditor, a written notice of the designation. This notice shall be in a
form authorized by the Director and shall include:
(i) The legal description of the property subject to the designation;
(ii) The sixteenth section or sections in which lie:
a. The designated property, and
b. Any other property within five hundred feet of the boundary of the
designated property;
(iii) The following statement:
NOTIFICATION
This notification is to inform property owners that the property described herein
is designated as or within 500 feet of land designated for mining. Mining,
operations may be carried out now or in the future. Mason County has
established designated Mineral Resource Land that sets as a priority the use of
these lands for mining. The normal and usual practices associated with said
operations when performed in accordance with county, State and Federal law,
shall not be subject to legal action as a public nuisance. A variety of commercial
activities may occur on Mineral Resource Land that is not compatible with
residential development for certain periods of limited duration. On Mineral
Resource Land, an application might be made for mining-related activities,
including mining, extraction, washing, crushing, stockpiling, blasting,
transporting, and recycling of minerals.
The mineral right owner/operator shall execute and acknowledge the notice, and
pay the fee to the county for recording the notice.
(b) For properties designated mineral resource land pursuant to Section 8.52.090(B)(1) of
this chapter.
Within four months of the effective date of this chapter, the Director shall submit to
the county Auditor for recording, a written notice of all designated Mineral Resource
Lands. This notice shall be in a form similar to subsection (E)(2)(a)(iii) of this section.
The Director shall execute and acknowledge the notice, and no affected property
owner shall be charged a fee for recording the notice.
(c) For all properties within three hundred feet of designated Mineral Resource Lands.
All plats, short subdivisions, large lot subdivisions, development permits and building
permits issued by the county after the effective date of this chapter for development
activities within three hundred feet of property designated as mineral resource land, or
within three hundred feet thereof, shall contain a notice as specified in subsection
(E)(2)(a)(iii) of this section.
(Res. 91-99 (part). 1999; Ord. 77-93 (part), 1993).
Resource Ordinance December 20, 2021 Page 40
8.52.100 Additional Resource Land Provisions
The following provisions apply to non-resource uses within designated Long-Term Commercial Forest,
Inholding and Mineral Resource Lands:
(A) Roadway Standards.
(1) Permanent vehicular access for non-resource uses shall meet the following standards:
(a) Permanent legal access which has been granted by resource property owner(s) or
public rights-of-way can be accessed directly; and
(b) Strict adherence to the standards of the Uniform Fire Code as determined by the
County Fire Marshal; and
(c) Maximum roadway grade serving two or more non-resource properties shall not
exceed twelve percent(12%); and
(d) For rights-of-way serving two or more non-resource properties, a maintenance
agreement is recorded with the County Auditor identifying owners responsible for
maintaining said rights-of-way to the above standards.
(2) The County Engineer may impose additional roadway development standards if he/she
determines they are necessary for public health and safety.
(B) Water Supply Standards.
(1) When residential or other structural uses are intended to be supplied with potable water
from off-site sources,written permission shall be obtained from the property owners
supplying the water prior to plat approval or building permit issuance, as applicable.
(2) New residential or recreational domestic water supplies shall be certified by the County or
State of Washington as appropriate, and shall not be located within one hundred (100)feet
(30.5 meters) of adjacent property without written consent or easement of the adjacent property
owner.
(3) Domestic water supplies shall be in compliance with State and County health codes.
8.52.110 Wetlands
The purpose of this section is to avoid, or in appropriate circumstances, minimize, rectify, reduce or
compensate for impacts arising from land development and other activities affecting wetlands;to
maintain and enhance the biological and physical functions and values of wetlands with respect to water
quality maintenance; stormwater and floodwater storage and conveyance;fish and wildlife habitat;
primary productivity, recreation, education and historic and cultural preservation. When avoiding impacts
is not reasonable, mitigation shall be implemented to achieve a no net loss of wetlands in terms of
acreage,function and value.
Resource Ordinance December 20, 2021 Page 41
(A) Classification.The following shall be classified as wetland areas:
Areas that are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs and similar areas. However,wetlands may include those artificial wetlands intentionally
created from non-wetland areas created to mitigate conversion of wetlands, if permitted by the
county.
(B) Designations.
(1) The following lands, shorelands, and waters of Mason County are hereby designated under
RCW 36.70A.060 and RCW 36.70A.170 as wetland critical areas requiring immediate
protection from incompatible land uses:
(a) All areas described in subsection (A) of this section;
(b) Ponds less than twenty acres;
(c) Wetlands created as mitigation, and those modified for approved land use activities,
including their submerged aquatic beds.
(2) The following are designated as non-regulated wetlands:
(a) Artificial man-made wetlands intentionally created from non-wetland sites, including,
but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention
facilities,wastewater treatment facilities,farm ponds, and landscape amenities or
those wetlands created after July 1, 1990,that were unintentionally created as a result
of the construction of a road, street or highway.
(b) Exempt wetlands that are isolated and less than one thousand square feet in area
where it has been shown by the applicant that they are not associated with a riparian
corridor or a shoreline of the state,they are not part of a wetland mosaic, and do not
contain habitat identified as essential for local populations of priority species identified
by Washington Department of Fish and Wildlife.
(3) Identification of wetlands and delineation of their boundaries shall be done in accordance
with the approved federal wetland delineation manual and applicable regional supplements,
as required by WAC 173-22-035. All areas within the county meeting the wetland designation
criteria in that procedure are hereby designated critical areas and are subject to the
provisions of this Chapter.
(4) Owners and applicants with non-regulated wetlands are strongly urged to cooperate
voluntarily in this plan of wetland protection, using the guidelines in this ordinance and in
materials provided by the Department of Community Services.
(C) Procedures.
(1) Responsibilities for the determination of wetland boundaries:
(a) Formal determination of wetland boundaries is the responsibility of the county.The
responsibility to provide all necessary and accurate data to the county for its
determination rests with the applicant. This information will include a field delineation
by a qualified wetland professional applying the current approved federal wetland
Resource Ordinance December 20, 2021 Page 42
delineation manual and applicable regional supplements. When, in the opinion of the
Director, sufficient information exists from the county's wetland inventory, or other
sources,the requirement for a full or partial delineation may be waived. For instance,
in some cases,the applicant may only be required to determine the wetland boundary,
or portion thereof, of the wetland system. The Director shall determine when a permit
application is required and what additional information may be necessary. Wetland
delineations shall be performed in accordance with the procedures as specified in the
current approved federal wetland delineation manual and applicable regional
supplements. Evidence documenting the results of any boundary survey, or other
submitted data, may be required by the Director.
(b) Mason County, at a fee,when requested by the applicant, or the affected party, may
perform the delineation in lieu of direct action by the applicant. Mason County may
use hydrology, soils, plant species, and other data, and consult with biologists,
hydrologists, soil scientists, or other experts, as needed,to perform the delineation.
The county shall make a good faith effort to provide this service, consistent with
budgetary constraints and available in-house expertise,for smaller projects and
especially for those property owners with lesser financial capabilities.
(c) Where Mason County performs a wetland boundary determination at the request of
the applicant, it shall be considered a final determination unless contested.
(d) Where the applicant has provided a determination of the wetland boundary,the
Director shall verify the accuracy of, and may render adjustments to,the boundary
delineation.
(e) In the event the boundary delineation is contested by the applicant or affected party,
the Department of Ecology, or a mutually agreed upon party, shall settle the dispute.
(D) Land Uses.
(1) Mason Environmental Permit Required Uses and Activities.
A Mason Environmental Permit shall be obtained from the county, using the administrative
review process in this chapter, prior to undertaking, in a regulated wetland or its buffer,for
the following activities.
(a) The removal, excavation,grading, dredging, dumping, discharging, or filling of any
material; or the draining or flooding of the site, except where undertaken for
maintenance (but not construction) of drainage ditches or for emergency repair;
(b) The construction of stormwater management facilities; or(c) The driving of pilings;
(d) The placing of obstructions;
(e) The construction, reconstruction, demolition, or expansion of any structure;
(f) The destruction or alteration of wetlands and wetland buffer through clearing,
harvesting, shading, intentional burning, or planting of vegetation that would alter the
character of a designated wetland or buffer, provided that this subsection shall not
apply to the following activities undertaken in a manner which minimizes impacts:
(i) The harvesting or normal maintenance of vegetation in a manner that is not
injurious to the natural reproduction of such vegetation;
Resource Ordinance December 20, 2021 Page 43
(ii) The removal or eradication of noxious weeds so designated in Chapter 17.10
RCW or other exotic, nuisance plants;
(iii) Site investigative work necessary for land use application submittals such as
surveys, soil logs and percolation tests;
(iv) The construction or trails,which shall be unpaved when located in the buffers
and elevated when located in wetlands,that are not intended for motorized use,
and which are no wider than three feet, unless additional width is necessary for
safety along a precipice, steep hillside, or other hazardous area. See subsection
(E)(3)(c)for additional details on regulated (but permitted)trail activity;
(v) Emergency services or repairs for health and welfare; or
(vi) Activities of a mosquito control district; or
(g) Activities that result in a significant change of water temperature, a significant change
of physical or chemical characteristics of wetland's water sources, including quantity, or
the introduction of pollutants.
(2) Activities Permitted without a Mason Environmental Permit.
The following uses shall be allowed, in addition to those defined in General Exemptions (see
Section 8.52.200), within a wetland or wetland buffer to the extent that they are not
prohibited by the Shorelines Management ACT of 1971 (Chapter 90.58 RCW), Federal Water
Pollution Control Act(Clean Water ACT), State Water Pollution Control Act(Chapter 90.48
RCW), State Hydraulic Code (RCW 75.20.100- .140), Forest Practices Act (Chapter 76.09 RCW
and Chapter 222-16 WAC) or any other applicable ordinance or law and provided they are
conducted using best management practices, except where such activities result in the
conversion of a regulated wetland or wetland buffer to a use to which it was not previously
subjected and provided further that forest practices and conversions from forest land shall be
governed by Chapter 76.09 RCW and its rules:
(a) Conservation or preservation of soil, water,vegetation, fish, shellfish, and other
wildlife;
(b) Outdoor recreational activities that do not have a significant adverse impact on the
wetland and its related buffer;
(c) The harvesting of wild crops in a manner that is not injurious to natural reproduction of
such crops and provided the harvesting does not require tilling of soil, planting of crops,
or alteration of the wetland by changing existing topography, water conditions or water
resources;
(d) Existing and ongoing agricultural activities, including farming, horticulture, aquaculture,
irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a
conventional rotational cycle are part of an ongoing operation. Activities which bring
an area into agricultural use are not part of an ongoing operation. An operation ceases
to be ongoing when the area in which it was conducted has been converted to another
use or has lain idle for more than five years unless that idle land is registered in a
federal or state soils conservation program. Forest practices are not included in this
definition.
(e) The maintenance (but not construction) of drainage ditches;
(f) Education, scientific research, and use of nature trails;
Resource Ordinance December 20, 2021 Page 44
(g) Site investigative work necessary for land use application submittals such as surveys,
soil logs, percolation tests and other related activities. In every case, wetland impacts
shall be minimized and disturbed areas shall be immediately restored; and
(h) The following uses are allowed within wetlands and/or wetland buffer, provided that
any required permits or approvals are obtained and further provided that wetland
impacts are minimized and that disturbed areas are immediately restored:
(i) Normal maintenance, repair, or operation of existing structures,facilities, or
improved areas. Maintenance and repair does not include any modification that
changes the character, scope, or size of the original structure, facility, or
improved area and does not include the construction of a maintenance road; and
(i i) Minor modification of existing structures within a buffer zone where
modification does not adversely impact wetland functions.
(iii) Repair or reconstruction of damaged or destroyed structures within two years of
the damage or destruction.
(i) The felling of danger trees within buffers providing the following conditions are met:
(i) When it is demonstrated to the satisfaction of the Administrator that an
imminent threat exists to public health or safety, or the safety of private or
public property. Landowner shall provide to the Administrator a written
statement describing tree location, danger it poses, and proposed mitigation.
(i i) Should the imminent threat not be apparent to the Administrator(as danger
trees are defined in Section 8.52.030),the Administrator may require the
landowner submit a report from a professional forester or certified arborist.
(iii) Before a danger tree may be felled or removed, with the exception of an
emergency pursuant to Section 8.52.240,the landowner shall obtain written
approval from the Administrator. This approval shall be processed promptly and
may not be unreasonably withheld. If the Administrator fails to respond to a
danger tree removal request within ten business days,the landowner's request
shall be conclusively allowed.
(iv) Trees felled as danger trees shall be counted in the allowed amounts under
Section 8.52.170(D)(4)(k).
(v) Mitigation as approved by the Administrator to include:
a. The planting within the critical area or its buffer a total of six new native
trees, each a minimum three years old. Should a report be submitted
under subsection (i)(ii), it shall contain recommendations for suitable
replacement trees;
b. Felled trees shall be left within the critical area or buffer unless a
submitted report warrants its removal to avoid spreading disease or pests;
C. The trunk of the cut tree may be segmented, but should be left in as large
of segments as possible to provide habitat;
d. The branches from the cut tree may be removed to control fire hazard;
and
e. Additional mitigation may be required if three or more trees are to be
felled on one property within a ten-year period.
Resource Ordinance December 20, 2021 Page 45
(j) Where a legally established, non-conforming use of the buffer exists (e.g., a road or
structure that lies within the width of buffer recommended for that wetland), proposed
actions in the buffer may be allowed without a Mason Environmental Permit and
without mitigation as long as they do not increase the degree of non-conformity. This
means no increase in the impacts to the wetland from activities in the buffer.
(E) Development Standards.
(1) Wetlands Rating System. A four-tier wetlands rating system is adopted as the rating system
for Mason County. Wetland buffer widths,wetland activities, and replacement ratios shall be
based on this rating system.
Procedures for applying the wetland rating system are set forth in the Washington State
Wetland Rating System for Western Washington, revised 2014, or as amended hereafter,
Washington State Department of Ecology.
(a) Wetlands shall be categorized as follows:
Table 8.52.110(A): Wetland Categories.
1) Category I Wetlands. Category I wetlands are those regulated wetlands that include but are not
limited to rare,unique wetland types that are more sensitive to disturbance than most wetlands and
that contain ecological attributes that are impossible to replace within a human lifetime. Category I
wetlands score between 23-27 points on the wetlands ratings systems.
2) Category II Wetlands.Category II wetlands are those regulated wetlands that score between 20-22
points on the wetlands ratings system.
3) Category III Wetlands. Category III wetlands are those regulated wetlands that score between 16-
19 points on the wetlands ratings system.*
4) Category IV Wetlands. Category IV wetlands are those regulated wetlands that score between 9-15
points on the wetlands ratings system.*
5) Wetlands intentionally created from non-wetland areas to mitigate conversion of other wetlands.
6) Mosaic wetlands as defined in Section 8.52.030
* Mason County non-Regulated Wetlands. Isolated wetlands under 1,000 square feet which are not
associated with a riparian corridor or a shoreline of the state,not part of a wetland mosaic, and not
essential habitat of a priority species as identified by the Washington Department of Fish and Wildlife.
Please refer to Appendix A or the Department of Ecology publication,for more information.
(2) Wetland Buffers.
(a) Buffer Widths.
Wetland buffers (plus a 15 foot structural setback) shall be required for all regulated
wetlands. Any wetland created, restored, or enhanced as compensation for approved
wetland alterations shall also include a buffer required for the category of the created,
restored, or enhanced wetland. The buffer widths are established by adjusting a base
width for the category of wetland at the site for the habitat value as scored by the
wetland rating system and for the land use intensity of the proposed activity. All
buffers shall be measured horizontally from the wetland boundary as surveyed in the
field.
The width of the wetland buffer shall be determined by the following process:
Resource Ordinance December 20, 2021 Page 46
(i) The wetland is categorized according to wetland ratings system category as
shown in Table 8.52.110(A);
(ii) Table 8.52.110(B) rates examples of different land uses for intensity of impacts to
wetlands;
(iii) The width of the buffer is determined based on the habitat value scored by the
wetland on the wetland rating system and on the land use intensity of the
proposed use as shown in Tables 8.52.110 C, D, E, or F.
(iv) Regulated buffers shall not extend across legally established public roads or
hardened surfaces to include areas which are functionally isolated from the
critical area. Buffer reductions under this provision are allowed only when the
functional disconnection has been documented through a report by a qualified
professional that demonstrates the area is functionally isolated.The County shall
consider the hydrologic, geologic, and/or biological habitat connection potential
and the extent and permanence of the physical separation.
Table 8.52.110(B): Ratings of Impact from Land Uses.
Rating of impact
from proposed Examples of land uses that cause the impact based on common zoning categories
changes in land use
• Commercial
•Urban
• Industrial
• Institutional
High • Retail sales
• Residential (more than 1 unit/acre)
• Conversion to high intensity agriculture(dairies, nurseries and green houses,
growing and harvesting crops requiring annual tilling, raising and maintaining
animals)
•High intensity recreation(golf courses,ball fields)
• Single-family residential(1 unit/acre or less)
• Moderate-intensity open space (parks with biking,jogging, etc)
• Conversion to moderate intensity agriculture(orchards and hay fields)
Moderate •Paved trails
• Building of logging roads
•Utility corridor or right-of-way shared by several utilities and including
access/maintenance road
•Forestry(cutting of trees only)
• Low intensity open space(hiking,bird watching,preservation of natural
Low resources, etc.)
•Unpaved trails
•Utility corridor without a maintenance road and little or no vegetation
management
Resource Ordinance December 20, 2021 Page 47
Table 8.52.110(C): Width of Buffer Required to Protect Category IV Wetlands.Wetlands Scoring
Between 9 and 15 Points on the Wetland Rating System.
Wetland Characteristics Buffer Widths by Impacts of Proposed Land Use
Score for all 3 basic fimctions is less than 16 points Low-25 ft
Moderate—40 ft
High—50 ft
Table 8.52.110(D):Width of Buffers Required to Protect Category III Wetlands. Wetlands Scoring
Between 16 and 19 Points on the Wetlands Rating System.
Wetland Characteristics Buffer Widths by Impacts of Proposed Land
Use
Moderate level of function for habitat(score for Low- 75 ft
habitat 6- 7 points) Moderate— 110 ft
High— 150 ft
Score for habitat 3-5 points Low-40 ft
Moderate—60 ft
High—80 ft
Table 8.52.110(E): Width of Buffers Required to Protect Category II Wetlands. Wetlands Scoring
Between 20 and 22 Points on the Wetlands Rating System.
Buffer Widths by Impact of
Wetland Characteristics Proposed Land Use Other Measures Recommended
(Apply most protective if more for Protection
than one criterion is met.
High level of function for habitat Low- 150 ft Maintain connections to other
(score for habitat 8 - 9 points) Moderate—225 ft habitat areas
High—300 ft
Moderate level of function for Low-75 ft No recommendations at this time
habitat Moderate— 110 ft
score for habitat 6- 7points) High— 150 ft
High level of function for water Low- 50 ft* No additional surface discharges
quality improvement and low for Moderate—75 ft* of untreated runoff
habitat High— 100 ft*
(score for water quality 8 -9
points;habitat less than 6 points)
Estuarine Low-75 ft No recommendations at this time
Moderate— 110 ft
High— 150 ft
Not meeting above characteristics Low- 50 ft No recommendations at this time
Moderate—75 ft
High— 100 ft
*If buffer is located on a steep slope, the width shall be increased per subsection 8.52.110E 2 b v .
Resource Ordinance December 20, 2021 Page 48
Table 8.52.110(F): Width of Buffers Required to Protect Category I Wetlands. Wetlands Scoring
Between 23 and 27 Points on the Wetlands Rating System.
Wetland Characteristics Buffer Widths by Impact of Other Measures Recommended
Proposed Land Use for Protection
(Apply most protective if more
than one criterion is met.
Wetlands Of High Conservation Low- 125 ft No additional surface discharges
Value Moderate— 190 ft to wetland or its tributaries
High—250 ft No septic systems within 300 ft of
wetland
Restore degraded parts of buffer
Bogs Low- 125 ft No additional surface discharges
Moderate— 190 ft to wetland or its tributaries
High—250 ft Restore degraded parts of buffer
Forested Buffer width to be based on If forested wetland scores high for
score for habitat functions or habitat,need to maintain
water quality functions* connections to other habitat areas
Restore degraded parts of buffer
Estuarine Low- 100 ft No recommendations at this time
Moderate— 150 ft
High—200 ft
Wetlands in Coastal Lagoons Low- 100 ft No recommendations at this time
Moderate— 150 ft
High—200 ft
High level of function for habitat Low— 150 ft Maintain connections to other
(score for habitat 8 - 9 points) Moderate—225 ft habitat areas
High—300 ft Restore degraded parts of buffer
Moderate level of function for Low—75 ft No recommendations at this time
habitat(score for habitat 6- 7 Moderate— 110 ft
points) High— 150 ft
High level of function for water Low—50 ft* No additional surface discharges
quality improvement(8—9 Moderate—75 ft* of untreated runoff
points) and low for habitat(less High— 100 ft*
than 6points)
Not meeting any of the above Low—50 ft No recommendations at this time
characteristics Moderate—75 ft
High— 100 ft
*If buffer is located on a steep slope, the width shall be increased per subsection 8.52.110E 2 b v .
(b) Increased Wetland Buffer Width.
The administrator shall require increased standard buffer widths or may require other
conditions be placed on the development on a case-by-case basis when necessary to
protect wetland functions and values based on local conditions. This determination
shall be supported by appropriate documentation showing that it is reasonably related
to protection of the functions and values of the regulated wetland. Such determination
shall be attached as a permit condition and shall demonstrate that:
Resource Ordinance December 20, 2021 Page 49
(i) A larger buffer is necessary to maintain viable populations or critical habitat of
threatened or endangered species living within the subject wetland(s)
boundaries;
(ii) The adjacent land is susceptible to severe erosion and erosion control measures
otherwise required will not effectively prevent adverse wetland impacts;
(iii) There are other nearby wetlands or critical areas and adjustments to the buffers
would prevent fragmentation of the habitat or is otherwise necessary to
preserve the structure,function and value of the wetland;
(iv) The buffer is poorly vegetated due to lack of vegetation or invasive or non-native
species being the dominant cover. Conditions would include enhancement of
the area, a larger buffer, or both, or
(v) If a buffer is based on the score for its ability to improve water quality(see Tables
8.52.110(E and F)) rather than habitat or other criteria, then the buffer should be
increased by 50% if the slope is greater than 30%(a 3-foot rise for every 10 feet
of horizontal distance).
(c) Wetland Buffer Width Averaging.
The widths of buffers may be averaged if this will improve the protection of wetland
functions, or if it is the only way to allow for reasonable use of a parcel.
(i) Averaging to improve wetland protection may be permitted when all of the
following conditions are met:
a. As demonstrated by a report from a qualified wetland professional,the
wetland has significant differences in characteristics that affect its habitat
functions, such as a wetland with a forested component adjacent to a
degraded emergent component or a "dual-rated" wetland with a Category
I area adjacent to a lower rated area;
b. The buffer is increased adjacent to the higher-functioning area of habitat
or more sensitive portion of the wetland and decreased adjacent to the
lower-functioning or less sensitive portion;
C. The total area contained in the buffer after averaging shall be no less than
that contained within the buffer prior to averaging. In other words,
mitigation for buffer impacts will be on a minimum of a 1:1 ratio; and
d. In no instance shall the buffer width be reduced to less than seventy-five
percent of the required width for each of the wetland categories.
(i i) Averaging to allow reasonable use of a parcel may be permitted when all of the
following are met:
a. There are no feasible alternatives to the site design that could be
accomplished without buffer averaging;
b. The averaged buffer will not result in degradation of the wetland's
functions and values as demonstrated by a report from a qualified wetland
professional;
C. The total buffer area after averaging is equal to the area required without
averaging; and
Resource Ordinance December 20, 2021 Page 50
d. The buffer at its narrowest point is never less than 3/4 of the required
width.
(iii) Proposals for wetland buffer averaging shall be submitted to the Department
with a Mason Environmental Permit Application and a wetland categorization
and buffer determination. Approvals are made at the Director's discretion.
(iv) Averaging may not be used in conjunction with any of the other provisions for
reductions in buffers (listed below).
(d) Wetland Buffer Reduction.
The width of the buffer may be reduced for proposed land uses with high-intensity
impacts under the following conditions:
(i) For wetlands that score moderate or high for habitat (five points or more for the
habitat functions),the width of the buffer may be reduced to that required for
moderate-intensity impacts provided that:
a. A relatively undisturbed,vegetated area corridor at least one hundred feet
wide is protected between the wetland and any other priority habitats as
defined by the Washington State Department of Fish and Wildlife.
Protection of the entire corridor shall be assured by a conservation
easement or equivalent legal protection;
b. Measures to minimize the impacts of the land use shall be applied.
Examples of these measures are shown in Table 8.52.110(G).
(ii) For wetlands that score less than five points for habitat,the buffer width can be
reduced to that required for moderate-impact land uses provided that measures
to minimize the impacts of the land use shall be applied. Examples of these
measures are shown in Table 8.52.110(G).
(e) Wetland Buffer Conditions.
Except as otherwise specified, wetland buffers shall be retained in their natural
condition.
(3) Permitted Uses In A Wetland Buffer.
Regulated activities shall not be allowed within a buffer except as follows:
(a) Activities that are permissible within a wetland shall be permissible within a wetland
buffer; and
(b) Stormwater management facilities (bioswales and dispersal trenches) only when
required to allow a reasonable use of the property. Encroachment into the buffer shall
be the minimum necessary and will be permitted only within the outer twenty-five feet
or outer twenty-five percent of the buffer, whichever is more restrictive;
(c) Other passive activities such as recreational trails and tot lots are also permitted within
the outer twenty-five percent of the buffer;
(d) Selective commercial timber cutting will be limited to the outer twenty-five percent of
Category I and II wetland buffers and fifty percent of Category III and IV wetland
buffers. No more than thirty percent of the merchantable trees may be harvested in
this area on a one-time-only basis as associated with a land use conversion application.
The thirty percent harvest must be representative and maintain an intact forest
Resource Ordinance December 20, 2021 Page 51
community character. The percentage and species distribution of all trees must be
consistent before and after the selective timber harvest.
(4) Structure Setback Lines.
A structure setback line of fifteen feet is required from the edge of any wetland buffer. Minor
structural intrusions into the area of the setback may be allowed if the administrator
determined that such intrusions will not negatively impact the wetland.
Table 8.52.110(G): Examples of measures to reduce impacts to wetlands.
Examples of Disturbance Activities and Uses that Examples of Measures to Minimize
Cause Disturbances Impacts
Lights •Parking lots •Direct lights away from wetland
•Warehouses
•Manufacturing
•Residential
Noise •Manufacturing •Locate activity that generates
•Residential noise away from wetland
Toxic runoff* •Parking lots •Route all new,untreated runoff
•Roads away from wetland while ensuring
•Manufacturing wetland is not dewatered
•Residential areas •Establish covenants limiting use of
•Application of agricultural pesticides within 150 ft of wetland
pesticides •Apply integrated pest management
•Landscaping
Stormwater runoff •Parking lots •Retrofit stormwater detention and
•Roads treatment for roads and existing
•Manufacturing adjacent development
•Residential areas •Prevent channelized flow from
• Commercial lawns that directly enters the
•Landscaping buffer
Change in water regime • Impermeable surfaces •Infiltrate or treat,detain, and
•Lawns disperse into buffer new runoff
• Tilling from impervious surfaces and new
lawns
Pets and human disturbance • Residential areas •Use privacy fencing:plant dense
vegetation to delineate buffer edge
and to discourage disturbance
using vegetation appropriate for
the ecoregion;place wetland and
its buffer in a separate tract
Dust • Tilled fields •Use best management practices to
control dust
* These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered
species are present at the site.
(F) Mitigation for Wetland Impacts.
(1) If wetland or wetland buffer impacts are proposed, the following sequence of review must be
considered.
(a) Avoid the impact all together by not taking a certain action or parts of an action;
Resource Ordinance December 20, 2021 Page 52
(b) Minimize the impact 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) Rectify the impact by repairing, rehabilitating or restoring the sensitive areas;
(d) Reduce or eliminate the impact overtime by prevention and maintenance operations;
(e) Compensate for the impact by replacing, enhancing or providing substitute areas and
environments and replace the ecological processes and functions of the resource;
(f) Monitor the impact and taking appropriate corrective measures
(2) As a condition of any permit allowing alteration of wetlands and/or wetland buffers,the
county shall require that the applicant engage in the restoration, creation or enhancement of
wetlands and their buffers in order to offset the impacts resulting from the applicant's
actions.
When the acreage required for compensatory mitigation is divided by the acreage of impact,
the result is a number known variously as a replacement, compensation, or mitigation ratio.
Methods to achieve compensation for wetland functions shall be approached in the following
order of preference: restoration, creation, enhancement (defined in 8.52.030).
(3) The overall goal of any compensatory project shall be no net loss of wetland function and
acreage.
(4) Mitigation Ratios.
(a) Mitigation ratios for preservation in combination with other forms of mitigation shall
range from 10:1 to 20:1, as determined on a case-by-case basis, depending on the
quality of the wetlands being impacted and the quality of the wetlands being
preserved.
(b) Wetland mitigation ratios for restoration (re-establishment and/or rehabilitation),
creation, and enhancement are illustrated in the following Table 8.52.110(H):
Table 8.52.110 (H): Wetland Mitigation Ratios.
Re-establishment or
Re- Creation(R/C) and Reestablishment or Enhance-
Wetland establishment Rehabilitation Rehabilitation Creation(R/C) and ment
Category or Creation ' (RH)i Enhancement(E)' Only i
All Category IV 1.5:1 3:1 1:1 R/C and 1:1RH 1:1 R/C and 2:1 E 6:1
All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1
4:1
Category II Case-by-case Rehabilitation Case-by-case Case-by-case Case-by-case
Estuarine of an estuarine
wetland
All other 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1
Category II
Category I 6:1 12:1 1:1 R/C and 10:1 RH 1:1 R/C and 20:1 E 24:1
Forested
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Category I
based on score 4:1 8:1 1:1 R/C and 6:1 RH 1:1 R/C and 12:1 E 16:1
for functions
Category I 6:1
Not considered Rehabilitation R/C Not considered R/C Not considered
Natural Heritage possible' of a Natural possible' possible' Case-by-case
site
Heritage site
6:1
Category I Not considered Rehabilitation R/C not considered Not considered Case-by-case
Coastal Lagoon possible of a coastal possible possible
lagoon
Category I Not considered 6:1 R/C Not considered Not considered
Bog possible' Rehabilitation possible' possible' Case-by-case
of a bog
6:1
Category I Case-by-case Rehabilitation Case-by-case Case-by-case Case-by-case
Estuarine of an estuarine
wetland
1 These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the
average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or
enhancement actions may result in a lower ratio,while less effective actions may result in a higher ratio. The
distinction between rehabilitation and enhancement is not clear-cut. Instead,rehabilitation and enhancement actions
span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a
ratio that lies between the ratios for rehabilitation and the ratios for enhancement.
2 Natural Heritage sites, coastal lagoons,and bogs are considered irreplaceable wetlands because they perform some
special functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would
therefore result in a net loss of some functions no matter what kind of compensation is proposed.
(c) The Administrator may increase or decrease the ratios based on one or more of the
following:
(i) Replacement ratios may be increased under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration
or creation;
b. A significant period of time will elapse between impact and establishment
of wetland functions at the mitigation site;
C. Proposed mitigation will result in a lower category wetland or reduced
functions relative to the wetland being impacted; or
d. The impact was an unauthorized impact.
(ii) Replacement ratios may be decreased under the following circumstances:
a. Documentation by a qualified wetland specialist (provided by the
applicant) demonstrating that more certainty that the proposed
compensation actions will be successful. For example, demonstrated prior
success with similar compensation actions as those proposed, and/or
extensive hydrologic data to support the proposed water regime;
b. Documentation by a qualified wetland specialist (provided by the
applicant) demonstrating that the proposed compensation actions will
Resource Ordinance December 20, 2021 Page 54
provide functions and values that are significantly greater than the
wetland being impacted; or
C. The proposed mitigation actions are conducted in advance of the impact
and are shown to be successful.
(d) Compensation for wetland buffer impacts shall occur at a minimum 1:1 ratio.
(e) Preservation.
Impacts to wetlands may be mitigated by preservation of at-risk, high-quality wetlands
and habitat areas when used in combination with other forms of mitigation such as
creation, restoration, or enhancement. See "Appendix 8-13 Recommendations for
Wetland Language in a Critical Areas Ordinance" [Wetlands in Washington State
Volume 2—Protecting and Managing Wetlands] published by the Washington
Department of Ecology (April 2005) for detailed requirements pertaining to the use of
preservation as mitigation.
(5) Off-Site Compensatory Mitigation.
(a) Considerations for determining whether off-site mitigation is preferable include, but
are not limited to:
(i) On-site conditions do not favor successful establishment of the required
vegetation type, or lack the proper soil conditions, or hydrology;
(i i) On-site compensation would result in an aquatic habitat that is isolated from
other natural habitats or severely impaired by the effects of the adjacent
development;
(iii) Off-site location is crucial to one or more species that is threatened, endangered,
or otherwise of concern, and the on-site location is not;
(iv) Off-site location is crucial to larger ecosystem functions, such as providing
corridors between habitats, and the on-site location is not; and
(v) Off-site compensation has a greater likelihood of success or will provide greater
functional benefits.
(b) When determining whether off-site mitigation is preferable, the value of the site-
specific wetland functions at the project site,such as flood control, nutrient retention,
sediment filtering, and rare or unique habitats or species, should be fully considered.
(c) When conditions do not favor on-site compensation, off-site compensatory mitigation
shall be located as close to the impact site as possible, at least within the same sub-
drainage basin unless:
(i) Watershed goals established by the county for water quality,flood storage or
conveyance, habitat, or other wetland function justify location of mitigation at
another site;
(i i) Credits from a state-certified wetland mitigation bank are used as compensation
and the use of credits is consistent with the terms of the bank's certification; or
(iii) Credits from an authorized in-lieu fee mitigation program are purchased.
(d) Wetland Mitigation Banks.
(i) Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
Resource Ordinance December 20, 2021 Page 55
a. The bank is certified under Chapter 173-700 WAC;
b. The Administrator has determined that the wetland mitigation bank has
provided the appropriate compensation for the authorized impacts; and
C. The proposed use of credits is consistent with the terms and conditions of
the bank's certification.
(ii) Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the bank's certification.
(iii) Credits from a certified wetland mitigation bank may be used to compensate for
impacts located within the service area specified in the bank's certification. In
some cases,the service area of the bank may include portions of more than one
adjacent drainage basin for specific wetland functions.
(6) Mitigation Plans.
When a project involves wetland and/or buffer impacts, a compensatory mitigation plan shall
be prepared by a qualified professional wetland scientist with a minimum of five (5)years
experience designing compensatory mitigation projects. The plan shall contain the following:
(a) The name and contact information of the applicant;the name, qualifications, and
contact information for the author of the Mitigation Plan; a description of the proposal;
a summary of the impacts and proposed compensation concept; and a vicinity map for
the project;
(b) Description of the existing wetland and buffer areas proposed to be impacted
including: acreages (or square footage) based on professional surveys of the
delineations; Cowardin classifications including dominant vegetation community types
(for upland and wetland habitats); hydrogeomorphic classification of wetland(s) on and
adjacent to the site; the results of a functional assessment for the entire wetland and
the portions proposed to be impacted; wetland rating based on subpart (E)(1) of this
chapter;
(c) An assessment of the potential changes in wetland hydroperiod from the proposed
project and how the design has been modified to avoid, minimize, or reduce adverse
impacts to the wetland hydroperiod;
(d) An assessment of existing conditions in the zone of the proposed compensation,
including: vegetation community structure and composition, existing hydroperiod,
existing soil conditions, existing habitat functions;
(e) A description of the proposed conceptual actions for compensation of wetland and
upland areas affected by the project;
(f) The field data collected to document existing conditions and on which future condition
assumptions are based for hydroperiod (e.g., existing hydroperiod based on piezometer
data, staff/crest gage data, hydrologic modeling,visual observations, etc.) and soils
(e.g., soil pit data - hand dug or mechanically trenched, and soil boring data. Do not rely
upon soil survey data for establishing existing conditions.);
(g) A discussion of ongoing management practices that will protect wetlands after the
project site has been developed, including proposed monitoring and maintenance
programs (for remaining wetlands and compensatory mitigation wetlands);
Resource Ordinance December 20, 2021 Page 56
(i) Proposed conditions expected from the proposed actions on site including future
hydrogeomorphic types,vegetation community types by dominant species (wetland
and upland), and future hydrologic regimes;
(j) A planting schedule for the compensatory area including all species by proposed
community type and hydrologic regime, size and type of plant material to be installed,
spacing of plants, "typical" clustering patterns, total number of each species by
community type,timing of installation;
(k) Performance standards for upland and wetland communities, monitoring schedule, and
maintenance schedule and actions by each biennium;
(1) A bond estimate for the entire compensatory mitigation including the following
elements: site preparation, plant materials, construction materials, installation
oversight, maintenance for up to five (5) years, annual monitoring field work and
reporting for 5 to 10 years, and contingency actions for a maximum of the total
required number of years for monitoring; and
(m) A site plan(s), drawn to scale and including:
(i) Surveyed edges of the existing wetland(s) and the minimum wetland buffers and
setbacks,the proposed areas of wetland and/or buffer impacts, and the location
of proposed wetland and/or buffer compensation actions;
(i i) If any grading activity is proposed to create the compensation area(s), show the
existing topography, ground-proofed, at two-foot contour intervals in the zone of
the proposed compensation actions;
(iii) Required wetland buffers and setbacks for existing wetlands and proposed
compensation areas. Also, identify any zones where buffers are proposed to be
reduced or enlarged outside of the standards identified in this Title.
(7) Memorandum of Agreement.
Approval of the mitigation plan shall be signified by a notarized memorandum of agreement
signed by the applicant and the Administrator. The agreement shall refer to all requirements
for the mitigation project.
(8) Notice to Title.
The property owner shall record on the Title (with the Mason County Auditor) both the
memorandum of agreement and the approved site plan.
(9) Monitoring Requirements.
Mason County shall require monitoring reports on an annual basis for a minimum of five
years and up to ten years, or until the Administrator determines that the mitigation project
has achieved success. The wetlands mitigation plan shall provide specific criteria for
monitoring the mitigation project. Criteria shall be project-specific and use best available
science to aid the Administrator in evaluating whether or not the project has achieved
success.
(10) Noncompliance.
The county may suspend or revoke a permit if it finds that the applicant has not complied
with the conditions or limitations set forth in the permit or has exceeded the scope of work
set for in the permit.
Resource Ordinance December 20, 2021 Page 57
(G) Permit Review.
The basic concern in the permitting process is to avoid and minimize wetland impacts. Permits are
issued when the applicant can demonstrate that the activity is both unavoidable and necessary. The
applicant must state the purpose of the proposed project and demonstrate the requirement for a
wetland location or access across wetlands and the reason it cannot be located at other sites, or at
another location on-site.
(Ord. 138-06(part),2006: Ord. 106-04 Att.B(part),2004;Ord. 36A-97(part), 1997: Ord. 77-93 (part), 1993). (Ord.
No. 54-09,6-16-2009)
8.52.120 Critical Aquifer Recharge Areas
In order to protect the public health and safety, prevent the degradation of groundwater aquifers used for
potable water, and to provide for regulations that prevent and control risks to the degradation of
groundwater aquifers,the following standards for Mason County are described in this section. Critical
aquifer recharge areas are those areas which are determined to have an important recharging effect on
aquifers used as a source for potable water and vulnerable to contamination from recharge. Critical
aquifer recharge areas are areas of special concern and are subject to the Mason County Health Codes.
(A) Classification of Aquifer Recharge Areas.
(1) Classes.
Critical aquifer recharge areas are classified as either Class I (Extremely Susceptible), Class II
(Highly Susceptible), Class III (Moderately Susceptible), or Class IV(Low Susceptibility), as
described below.
(2) Methodology.
The aquifer classification system and maps were developed by a qualified geologist in
consultation with the Washington Department of Natural Resources and considering data
from the following sources;
(a) Mineral Resources of the Southern Hood Canal Area,Washington; Mackey Smith and R.
J. Carson; Department of Geology and Earth Resources-Geologic Map GM-21; 1976.
(b) Geology and Related Water Occurrence, Southeastern Mason County, Washington; Dee
Molenaar and John B. Noble; Water Supply Bulletin No. 29, Department of Water
Resources, State of Washington; 1970.
(c) Geologic Map of the South Half of the Shelton and South Half of the Copalis Beach
Quadrangles Washington; Robert L. Logan; Washington Division of Geology and Earth
Resources; Open file Report 87-9; 1987.
(d) Geologic Map of North Central Mason County; R.J. Carson; Department of Geology and
Earth Resources; Open File Report 76-2; 1976.
(e) Soil Conservation Maps for Mason County Washington; various.
(f) Topographic maps for Mason County;various.
Resource Ordinance December 20, 2021 Page 58
(g) Water Well Records. Interpretation of these data sources was performed by Geologist
Gordon Adams.An explanation of that interpretation is included in a letter from
Gordon Adams dated March 29, 1999.
(3) Standards of Classification.
(a) Class I (Extremely Susceptible). Areas designated as Class I demonstrate hydrogeologic
characteristics that allow for an extremely high susceptibility of an underground source
of drinking water. These areas are identified as recessional outwash of thickness'
greater than twenty-five feet. Recessional outwashes are a geological formation
predominantly composed of underground source of drinking water unconsolidated
sands and gravels. These formations exhibit horizontal permeabilities greater than
thirty feet per day(horizontal permeabilities are generally ten times less than vertical
permeabilities). Potential contaminants entering an underground source of drinking
water can be expected to travel one mile in six months or less.
(b) Class II (Highly Susceptible). Areas designated as Class II demonstrate hydrogeologic
characteristics that allow for a high susceptibility of an underground source of drinking
water. These areas are identified as recessional outwash and alluvium twenty-five feet
or less in thickness. These geologic formations are composed of unconsolidated sands
and gravels interlaid with discontinuous layers of hardpan and silty clays. Depth to
water is generally twenty-five to one hundred twenty-five feet below land surface.
These formations exhibit horizontal permeabilities in the range of thirty to fifteen feet
per day. Potential contaminants entering an underground source of drinking water can
be expected to travel one mile in a time frame greater than six months and up to one
year.
(c) Class III (Moderately Susceptible). Areas designated as Class III demonstrate
hydrogeologic characteristics that allow for a moderate susceptibility of an
underground source of drinking water. These areas are identified as advance outwash.
The geologic formations consist of discontinuous layers of clayey gravel and sand and
layers of silt and clay, which are more continuous and have been compacted into
hardpan. Depth to water is greater than one hundred twenty-five feet below land
surface. These formations exhibit horizontal permeabilities in the range of fifteen to
three feet per day. Potential contaminants entering an underground source of drinking
water can be expected to travel one mile in a time frame greater than one year and up
to five years. Class III areas include those well head protection areas, not otherwise
designated as a Class I, 11, or III critical recharge area, and recorded with the Mason
County Department of Community Services.
(d) Class IV(Low Susceptibility). Areas designated as Class IV demonstrate hydrogeologic
characteristics that allow for a low susceptibility of an underground source of drinking
water. These areas are identified as advance outwash found in the southwest part of
Mason County along the Satsop drainage.
(B) Designation.
The lands and fresh waters of Mason County meeting the critical aquifer recharge areas
classification, plus three hundred feet beyond the mapped boundary of all Class I, II or III areas, are
designated under RCW Chapter 36.70A as Critical Area Protection Zones requiring protection for
public health.
Resource Ordinance December 20, 2021 Page 59
(C) Pre-existing Uses.
Uses legally existing as of the date of adoption of this ordinance and which are listed under
subsections(D) (Prohibited Uses and Activities) or(E) (Uses Requiring an Environmental Permit) are
defined to be pre-existing uses. Pre-existing uses may continue operation pursuant to the following
provisions and procedures. The purpose of these provisions is to assure that pre-existing uses that
represent a threat to the aquifer are brought into compliance with the provisions of this chapter
over time and to the highest degree possible. These provisions shall not be construed to mean that
a pre-existing business must cease operations even if the type of business operates as a prohibited
use per subsection (C)(4) below. The following procedures and requirements are established;
Upon identification of a legal pre-existing use,the county shall contact the operator and/or owner in
order to develop a compliance plan and time line for bringing the pre-existing use into compliance
to the highest degree practicable and which provides an acceptable low level of risk to the aquifer.
(1) The county will negotiate with the owner/operator to identify a reasonable time frame and
necessary steps to bring the use into compliance with this chapter.
(2) Technical assistance will be offered the owner/operator by state and/or local personnel to
enable the owner/operator to bring the operation into compliance.
(3) The county will require that a written compliance plan be developed and agreed to by the
owner/operator setting forth the compliance steps that will be taken and the agreed time
frame under which these steps will be completed.
(4) The compliance plan shall be agreed to in a reasonable time as defined by the Director on a
case-by-case basis.
(5) Such compliance plan will take the form of a contract between the county and the
owner/operator.
(6) No expansion of any nonconforming aspect of the use or business activity will be permitted.
(7) Failure to meet the terms of the contract, including time frames agreed to, shall constitute a
breach of contract subject to all applicable law. If legal action on the part of the county
becomes necessary to enforce the contract,the owner/operator shall be liable for all legal
expenses.
(D) Prohibited Uses.
The following uses or activities are considered high impact uses due to the probability and/or
potential magnitude of their adverse effects on groundwater and shall be prohibited in Class I, Class
II and Class III Critical Aquifer Recharge Areas.
(1) Landfill.
(2) Wood preserving, not fully contained operations.
(3) Electroplating.
(4) Dry cleaners excluding drop-off only operations where there is no on-site cleaning using
hazardous materials.
Resource Ordinance December 20, 2021 Page 60
(5) Class V injection wells, but limited to subclasses 5F01, 5D03, 5D04, 5W09, 5W10, 5W11,
5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24.
(6) Surface mining operations within designated urban growth areas, or within Class I, II, or III
areas contiguous with the urban growth areas.
(7) Radioactive disposal sites.
(8) Outdoor auto wrecking operations.
(9) Hazardous waste transfer and treatment.
(10) Land spreading disposal sites where disposal is above agronomic rates (as in WAC 173-304).
(11) Feedlots.
(12) Dumping of chemicals into an on-site septic system of a type or quantity that exceeds the
systems designed capacity to treat.
(13) Hazardous waste storage facilities unless accessory to an otherwise permitted use and
approved under state hazardous waste permit.
(E) Uses Requiring an Environmental Permit.
The following activities are allowed in Class I, Class II and Class III Aquifer Recharge Areas after
issuance of a Permit per subsection (1) below. This requirement is not intended to apply to schools,
colleges, hospitals and other public institutions where the activities are incidental or accessory to
the principal activity. This requirement is not intended to apply to a home occupation or cottage
industry, where the amounts of hazardous materials use are below the thresholds established and
regulated in the Uniform Fire Code. Permit review shall be by the administrative review process
specified in this section.
(1) Chemical manufacturing;
(2) Chemical mixing and remanufacture;
(3) Above and below ground storage tanks ad pipes used to contain regulated substances (see
Section 8.52.030);
(4) Facilities that conduct biological research;
(5) Boat repair shops;
(6) Chemical research facilities;
(7) Gasoline service stations;
(8) Pipelines (petroleum and chemical transfer);
(10) Below ground transformers and capacitors;
(11) Sawmills producing over ten thousand board feet per day;
(12) Solid waste handling and processing facilities;
(13) Vehicle repair, recycling, and auto wrecking activities;
(14) Mortuary;
Resource Ordinance December 20, 2021 Page 61
(16) Motor vehicle service garages;
(17) Chemical processing of photographic film;
(18) Creosote and asphalt manufacturing and treatment facilities;
(19) Golf courses or ranges;
(20) Medium quantity generators (of dangerous, acutely hazardous, and toxic extremely
hazardous waste);
(21) Large quantity generators (of dangerous, acutely hazardous, and toxic extremely hazardous
waste);
(22) Activities reclassified as eligible for a permit after county approval of a request to reclassify
per subsection (L);
(23) Fully contained wood preserving operations;
(24) Surface mining operations permitted under general permit by the Washington State
Department of Ecology and not otherwise prohibited per subsection (D).
(F) Subdivision Standards and Evaluation Requirements.
(1) Subdivision, short subdivisions and other divisions of land in areas of special concern shall be
evaluated for their impact on groundwater quality as follows:
(a) In urban growth areas, land divisions may be allowed which create lots less than one
acre in size which rely on individual on-site septic systems. Such approvals shall be
conditioned so that the total development allowed within the area to be divided shall
not exceed an average density of one dwelling unit per acre, or an equivalent
wastewater volume, until such development is served by public sewer.
(b) In urban growth areas, land divisions may be allowed which create lots less than one
acre in size which rely on a community on-site septic systems. Such approvals shall be
conditioned so that the total development allowed within the area to be divided shall
not exceed an average density of one dwelling unit per acre, or an equivalent
wastewater volume, until such development is served by public sewer. In addition, said
system shall be evaluated to assure that it does not have localized effects that might
have a significant adverse impact on wells or surface water bodies. Information for the
evaluation shall be provided by the applicant in the form of a site evaluation report as
specified in subsection (M)(2).
(c) Outside of urban growth areas, subdivisions which provide for clusters of residential
development where the density of the cluster of residential lots exceed one lot per
acre, or where development will rely on a community on-site septic system, shall be
evaluated to assure that they do not have localized effects that might have a significant
adverse impact on wells or surface water bodies. Information for the evaluation shall
be provided by the applicant in the form of a site evaluation report as specified in
subsection (M)(2).
(2) Approval of a permit for subsection (F)(1)(b) or(c) above shall be based on a review of the
report and a determination that there are no probable significant adverse impacts to wells,
springs, surface water bodies, or off-site groundwater quality.
Resource Ordinance December 20, 2021 Page 62
(G) On-site Septic System Standards.
(1) The proper operation and maintenance of community or on-site septic systems is required in
the critical aquifer recharge areas. The standards and procedures to be met to assure this are
as set forth in the "Mason County On-Site Sewage Operation and Maintenance Program" and
any subsequent implementing regulations. Participation in this program is mandatory for
existing and new septic systems in the critical aquifer recharge areas.
(2) New Construction.
(a) New construction which relies on on-site septic systems shall not be allowed to exceed
a density of one dwelling unit per acre, or an equivalent wastewater volume, except for
the development of one dwelling on lots existing or vested by December 5, 1996,
where the on-site septic system can comply with all Environmental Health Division
standards. For the purposes of this section,the sewage flow of one single-family
dwelling equals one unit volume of sewage equals four hundred fifty gallons per day.
An exception to this may be made where a sewage treatment system or plant is used
that processes the effluent so that the total of contaminants is equivalent to or less
than that which would be produced by one dwelling unit per acre in suitable soils using
individual on-site septic systems. The intensity of nonresidential development that is
allowed in compliance with this standard shall be calculated from Table 1. Alternative
calculations for activities not included in Table 1 may be proposed, but the calculation
method and conclusions must be approved by the county Environmental Health
Division.
(b) Where such development relies on a new on-site sewage treatment plant or other new
on-site community septic system,said plant or system shall not have localized affects
that might have a significant adverse impact on wells or surface water bodies.
Information for the evaluation shall be provided by the applicant in the form of a site
evaluation report as specified in subsection (M)(2). Approval of a permit shall be based
on a review of the report and a determination that there are no probable significant
adverse impacts to wells, springs, surface water bodies, or off-site groundwater quality.
(3) All new development within the designated urban growth areas, except for single-family
residences built prior to the opportunity to connect to a public sewer system, shall be
required to connect to existing public sewer systems, or to proposed public sewer systems as
soon as connection is available.
(H) Well Head Protection Area — Notice.
Within well head protection areas, in addition to any other notice requirements, notice shall be
provided to the manager of said area for any applications for an environmental permit for the
critical aquifer recharge area or for any long subdivisions.
(1) Standards for an Environmental Permit for the Critical Aquifer Recharge Area.
To receive an environmental permit to operate in the critical aquifer recharge area an applicant
must:
(1) Implement best management practices (BMP), implement the Washington State Department
of Ecology's Storm Water, Water Quality, Hazardous Waste,Wetland, and Solid Waste
Resource Ordinance December 20, 2021 Page 63
Program BMP and BMP from the Departments of Health, Agriculture,Transportation, and
State Conservation District Office; or
(2) Demonstrate through a best management practices report pursuant to subsection (M)(1)
below, how they will integrate other necessary and appropriate mitigating measures in the
design, installation, and management of the proposed facility or use; and
(3) Provide a written agreement to the county providing that all employees at the site will be
notified that the operation lies above an aquifer recharge area and providing annual training
regarding all measures set forth by the BMP established in subsection (1)(1) or(2) above.
(J) BMP Monitoring and Inspection.
To assure that best management practices are implemented and maintained over time,the
following procedures and requirements are hereby established:
(1) The county will maintain a database identifying all pre-existing prohibited uses or uses
requiring a permit under the provisions of this section. Information for this purpose will be
gathered from applicants for development permits and by consultation with appropriate state
agencies. During pre-application meetings or on application,the county will require
applicants to identify if they are required to have a hazardous waste identification number by
the Washington State Department of Ecology and whether they generate any hazardous
waste as defined under WAC 173-303.
(2) Inspection and Monitoring Procedures. As a condition of approval, regular inspections for
compliance will be required as appropriate to the activity, but not less than once in two years.
The first inspection shall be made within three months of the issuance of the certificate of
occupancy for the project.
(K) Map Amendments.
Applicants may seek to have the aquifer recharge map amended as it pertains to the parcel or
parcels for which they are applying. The application will be for a conditional environmental permit.
This may be granted after the applicant demonstrates to the satisfaction of the county that site
conditions meet the standards of classification per subsection (A)(3) for the aquifer area class
sought.
Such demonstration shall be accomplished by providing a map amendment report per subsection
(M)(2)to the county. The county shall evaluate the report and make a written determination as to
whether the map will be amended. Approval of the map amendment requires that, based on the
best available science,the site does not qualify as a critical aquifer recharge area, or qualifies as a
different class designation from its current designation, as applied by the county pursuant to the
Growth Management Act.
The report shall be reviewed by the county in conjunction with the underlying permit process, if any
exists. The review process shall be a public review as specified in subsection 8.52.190(C)(2)(b). The
county may consult with the Mason County Health Division, state of Washington Department of
Health, independent reviewer, or any other parties it sees fit. The county will review the report
with consideration of the level of science that currently exists and was employed to make the map
designation being challenged. The applicant will not be required to provide information and/or
analysis in excess of that required to convince the county that a map change is warranted.
Resource Ordinance December 20, 2021 Page 64
In addition,the county will re-assess all map amendment reports and all other pertinent
information received on a periodic basis and consider other appropriate map amendments on the
basis of this increased information.
(L) Reclassification of Specific Land Use Activity.
Applicants may seek to have the use for which they are applying able to receive an aquifer areas
protection permit per subsection (E). This may be granted after the applicant demonstrates to the
satisfaction of the county,that the use proposed applies new technologies and/or procedures, not
traditional to the industry,that reduce the threat to the aquifer beyond that posed by the
traditional technologies and/or procedures to a degree that the county determines will justify the
reclassification.
Such demonstration shall be accomplished by providing an activity reclassification report per
subsection (M)(3) to the county. The county shall evaluate the report and make a written
determination as to whether the individual proposed land use will be recategorized. Review of the
application shall be a public review as provided in Section 8.52.190(C)(2)(B). Reclassification of a
land use shall apply only to the particular use for which the reclassification is sought and shall not be
applied to all or any similar uses.
In addition,the county will re-assess all reports received pursuant to this chapter and all other
pertinent information received on a periodic basis and consider the other changes in the
categorization of land uses in this chapter on the basis of this increased information.
(M) Reports.
(1) Best Management Practices (BMP) Report—Criteria. The following criteria shall apply when
preparing a best management practices (BMP) report:
(a) The report shall be prepared by, or done under the direction of and designed by, a
qualified person with demonstrated expertise in the industry or field as demonstrated
by a statement of qualifications and at least three references from parties familiar with
common business practices in the subject field or known expertise in the field.
(b) The report will identify appropriate best management practices by specifying all known
and available reasonable technologies and how they will be employed to prevent
degradation of groundwater. All necessary technical data, drawings, calculations, and
other information to describe application of the BMP must be supplied.
(c) The report will identify how the applicant will satisfy the requirements of the
Dangerous Waste Regulations, Chapter 173-303 WAC in the event that hazardous
material is released into the ground or groundwater.
(d) The report will be reviewed by the Planning Division or a consultant hired by the
county, at the applicant's expense,for this review. The county may consult with the
Mason County Environmental Health Division; state of Washington Departments of
Health or Ecology, independent reviewer, or any other parties it sees fit.
(2) Map Amendment Report/Site Evaluation Report — Criteria.
The following criteria shall apply when preparing a map amendment report/site evaluation
report:
(a) A qualified groundwater professional will make a determination whether the proposed
map amendment or project application will have adverse impacts on groundwater
Resource Ordinance December 20, 2021 Page 65
based on the requirements of the Safe Drinking Water Act and the Wellhead Protection
Program, pursuant to Public Water Supplies, Chapter 246-290 WAC; Water Quality
Standards for groundwaters of the state of Washington, Chapter 173-200 WAC; and
Dangerous Waste regulations, Chapter 173-303 WAC.Those chapters of Washington
Administrative Code are adopted, as written or hereafter amended, as part of this
chapter by reference.They are available at county offices.
(b) Map amendment report/site evaluation reports shall include the following:
(i) Identification of features of the proposed development plan (e.g., on-site septic
systems and other on-site activities)that may adversely impact groundwater
quality underlying or down gradient of the project or project area.
(ii) Drawing in an appropriate scale showing location of abandoned and active wells,
springs, and surface water bodies within one thousand feet of the project limits.
(iii) A description of the geologic and hydrologic characteristics of the subject
property sufficient to justify the map amendment sought.This information may
include any or all of the following:
a. Lithologic characteristics and stratigraphic relationships;
b. Aquifer characteristics including recharge and discharge areas, depth to
groundwater, static water flow patterns, and estimated groundwater flow
velocity;
C. Contaminant rate and transport including probable migration pathways
and travel time of a potential contaminant release from a site through the
unsaturated zone to the aquifer(s) and through the aquifers(s), and how
contaminant(s) may be attenuated within the unsaturated zone and the
aquifer(s);
d. Appropriate hydro geologic cross sections which depict lithology,
stratigraphy, aquifer, units, potential or probable contaminant pathways
from a chemical release, and rate of groundwater flow; and
e. Existing groundwater quality, proposal for a groundwater monitoring plan
to detect changes and indicate the corrective actions that will be taken if
monitoring results indicate contaminants from the site have entered the
underlying aquifer(s);
f. Existing soils types and characteristics;
g. A discussion of the probable geologic history of the site and its impact on
aquifer formation, soils conditions, and aquifer susceptibility.
(3) Activity Reclassification Report—Preparation and Review Criteria.
The following criteria shall apply when preparing an activity reclassification report:
(a) The report shall be prepared by, or done under the direction of and signed by, a
qualified person with demonstrated expertise in the industry or field as demonstrated
by a statement of qualifications and at least three references from parties familiar with
common business practices in the subject field or known expertise in the field.
(b) The report shall contain a complete description of the activity for which reclassification
is being sought. This description shall include all necessary technical data for the
Resource Ordinance December 20, 2021 Page 66
county to assess potential threat to the aquifer from an unmitigated operation,
including chemicals and substances used, byproducts produced, etc.
(c) The report shall present best management practices and/or mitigation techniques
adequate to insure, to the satisfaction of the county,that the activity or land use for
which reclassification is sought will present no greater threat to groundwater quality
than other uses listed in this chapter in the category being sought. The burden is on
the applicant to make this showing sufficient in the eyes of the county to reclassify the
use. The report will include all technical data necessary, design drawings, specifications
for equipment used, performance data on equipment or structures, and any evidence
or testimony of successful operation of same or similar facilities and practices in other
locations.
(d) The report will demonstrate to the satisfaction of the county that reclassification of a
land use will have no adverse impacts on groundwater based on the requirements of
the Safe Drinking Water Act and the Wellhead Protection Program, pursuant to Public
Water Supplies, Chapter 246-290 WAC; Water Quality Standards for Ground Waters of
the State of Washington, Chapter 173-200 WAC: and Dangerous Waste Regulations,
Chapter 173-303 WAC.
(e) The report will be reviewed by the Planning Division of the Mason County Community
Services Department. The Planning Division may consult with the Environmental
Health Division of the Mason County Community Services Department, the state of
Washington Departments of Health or Ecology, an independent reviewer, or any other
parties it sees fit.
(M) Public Education/Notice.
(1) The household or commercial use of herbicides, pesticides, and fertilizers not in conformance
with the manufacturers' instructions/label directions is a violation of state and/or federal
regulation. Improper disposal of oil based paints, paint thinners and other hazardous
materials is a violation of the Mason County solid waste regulation and of state and/or federal
regulation. The county encourages proper use of such materials and shall provide
educational information to the public through its sponsorship of the Washington State
Cooperative Extension Service,the Mason Conservation District, or through the provision of
informational materials in its offices.
(2) Notification:
(a) Title Notification. The owner of any site within a designated critical aquifer recharge
area as identified in the Mason County critical aquifer recharge areas map, on which a
development proposal is submitted, shall record a notice with the Mason County
Auditor. The notice shall indicate in the public record the presence of a critical aquifer
recharge area,the application of this chapter to the site, and that limitations on
regulated activities may exist. Only one such notice is required to be made on any
individual property or lot. The notice shall be as set forth below.
Notice: This site lies within a critical aquifer recharge area as defined by Chapter 8,
Mason County Code. The site was the subject of a development proposal for
application number filed on (date). Restrictions on use or alteration of
the site may exist due to natural conditions of the site and resulting regulation. Review
of such application provides information on the location of a critical aquifer recharge
Resource Ordinance December 20, 2021 Page 67
area and the restrictions on the site. A copy of the plan showing the aquifer recharge
area is attached hereto.
(b) Plat Notification. For all proposed short subdivision and subdivision proposals within
critical aquifer recharge areas,the applicant shall include a note on the face of the plat.
The note shall be as set forth below:
Notice: This site lies within a critical aquifer recharge area as defined by Chapter 8,
Mason County Code. The site was the subject of a development proposal for
application number Filed on (date). Restrictions on use
or alteration of the site may exist due to natural conditions of the site and resulting
regulation.
The note shall be recorded as part of final plat approval of any short subdivision or
subdivision.
(iii) Evidence of recording of these notices must be provided to the county.
(N) Protection of Private Wells.
Generators of hazardous materials are defined as a known or suspected source of contamination
per state law. No small, medium, or large quantity generators of hazardous materials shall be
permitted to locate within one hundred feet of any water well per the provisions of WAC 173-160-
171 or its successors. This requirement applies to all portions of the county.
(0) Secondary Containment of Recycling of Hazardous Materials.
The following practices and procedures shall be observed throughout the county:
(1) Moderate risk waste and petroleum products, including but not limited to oil and grease, shall
be disposed of by recycling or use of a hazardous waste management facility operating under
interim status or with a permit issued by EPA or an authorized state. No person shall
intentionally or negligently dump or deposit or permit the dumping or depositing of any such
waste in any other manner, including onto the surface of the ground, into surface water, or
into groundwater.
(2) Moderate risk waste, petroleum products, and hazardous materials shall be kept in containers
and shall be stored in such a manner and location that if a container is ruptured,the contents
will not discharge, flow, be washed or fall into surface water or groundwater. This is not
intended to supersede any regulations as stated in the Fire Code.
Table 8.52.120(A)
Type of Facility Design Units Flow(GPD)
Airports per employee;add per passenger I 10;4.0
Banquet rooms ——— per seat 5
Barber and beauty shops per chair 100
Bowling alleys(bar and food) per lane 125
Bowling alleys(bar only) per lane 75
F
Campgrounds with no laundry,no wet sewer hookups or dump
station per camp site 50
F—Campgrounds/RV park,with toilets per camp site 75
Campgrounds/RV park,showers,toilets,laundry,sewer hookup per camp site 100
Church-food service,4-hour per person 5
Church-no food,4-hour per person 3
Community College per student and faculty, 12-hours 15
Country club-includes food,showers,lounge per member;add per non-member 50;25
Resource Ordinance December 20, 2021 Page 68
Type of Facility Design Units Flow(GPD)
Day Care Centers, 12-hour per person 20
Dentist office per dentist;add per wet chair 250;200
Doctor office per doctor 250
Doctor office,in medical center per 1,000 sq.ft., 12-hours 500
Food Service and Bars
a.Ordinary restaurant per seat 50
b.24-hour restaurant per seat 75
c.Bar and cocktail lounge per seat 30
d.Drive-in restaurant per car space 75
e.Bar only,no food per seat 10
f.Coffee shop,6-hour operation per seat 6
Hospital per bed 300
Hospital-mental per bed and per employee 172 and 11
Hotels and motels,rooms only per room 130
Industrial building,excl.cafeteria and process waste per employee/8-hour shift 17
Industrial,add for Cafeteria per employee 13
Laundries,self serve, 16-hour per machine 400
Meeting rooms per seat 3
Mobile home parks per space 300
Nursing home/rest home per bed 200
Office building per worker 20
Parks-toilets per person 10
Parks-toilets and showers per person 20
Prison per resident;add per employee 159; 16
Resort camps,cottages per room 100
Rooming house per resident 50
Schools,no food or showers per student 10
Schools,add for cafeterias per student 5
Schools,add for showers per student 5
Schools,boarding per student 75
Service station-pumps per island;add per employee 500;25
Service stations-repair for first bay;add each additional bay 1000;500
Shopping centers, 12-hour per 1,000 sq.ft.floor space 300
Stadiums,race tracks,ball parks per seat 3
Stores,without food service
a.Private toilets,for employees only per employee 20
b.Public toilets per toilet room 400
Theaters
a.Indoor,auditoriums, 12-hour per seat 5
b.Outdoor,drive-ins,4-hour per space 5
Sources:WA DOE,Criteria for Sewage Works Design; State of Florida,Dept. of Environmental Regulation,
Technical Information Memorandum 6.2.1;WA DOE,Large On-Site Sewage Guidelines;US EPA,Design Manual,
Onsite Wastewater Treatment and Disposal Systems.
(Ord. 138-06(part),2006: Ord. 62-99(part), 1999: Ord. 111-97(part), 1997: Ord. 77-93 (part), 1993).
8.52.130 Frequently Flooded Areas
The purpose of this section is to prevent the potential for further aggravation of flooding problems and to
guide development in areas vulnerable to flooding.
Resource Ordinance December 20, 2021 Page 69
(A) Classification.
The following shall be classified frequently flooded areas:
Frequently flooded areas are identified by the Federal Emergency Management Agency as those
areas within the one hundred year floodplain in a report entitled "The Flood Insurance Study for
Mason County" dated May 17, 1988, and revised December 8, 1998, with accompanying Flood
Insurance Rate Maps, and any subsequent amendments thereto, and should be utilized as a guide to
development.
The Skokomish River and floodplain as shown in the Comprehensive Flood Hazard Management
Plan for the Skokomish River, February 1997.
Avulsion risk areas as identified under the provisions of the Mason County Flood Damage
Prevention Ordinance.
(6) Designation.
Lands of Mason County meeting the classification criterion for frequently flooded areas are hereby
designated, under RCW 36.70A.060 and RCW 36.70A.170, as frequently flooded areas requiring
immediate protection from incompatible land uses.
(C) Land Use.
(1) Land uses in frequently flooded areas shall be in compliance with the applicable provisions
and requirements of all ordinances as referenced in Section 8.52.050, or as amended and
updated.
(2) The following uses within frequently flooded areas are subject to Mason Conditional
Environmental Permits:
(a) Radio and transmission towers, resource based industries, schools,trailer-mix concrete
plants, sawmills, marinas,fire stations,fuel storage tanks, and commercial outdoor
recreation.
(b) Other uses and activities determined by the Director that are likely to pose a threat to
public health, safety, and general welfare if located within a frequently flooded area.
(D) Development Standards.
Mason County flood damage prevention ordinance provides specific regulations and permit
requirements for development conducted within the frequently flooded areas of Mason County.
(Ord. 5-01,Attachment A(part),2001: Ord. 16-00,Attachment C,2000: Ord. 112-97(part), 1997: Ord.77-93 (part),
1993).
8.52.140 Geologically Hazardous Areas
The purpose of the geological hazard section is to identify areas that present potential dangers to public
health and safety,to prevent the acceleration of natural geological hazards,to address off-site
environmental impacts, and to minimize the risk to the property owner or adjacent property owners from
development activities.
Resource Ordinance December 20, 2021 Page 70
Except for the exceptions listed below, development in or near geologically hazardous areas requires a
permit and the professional preparation of a geotechnical report or geological assessment to determine
under what conditions the development may proceed at a reasonable risk. All development applications
are reviewed to determine if they are likely to be in or near a geologically hazardous area.
Geologically hazardous areas in Mason County are defined in subsection (A).
The designation of geologically hazardous areas is done in subsection (B).
Activities exempt from these requirements are described in subsection (C)(1) and others are listed in
Section 8.52.200 of the Resource Ordinance.
Activities requiring permits are described in subsection (C)(2).
Standard requirements for certain activities are contained in subsection (D).
When a geotechnical report or geological assessment is required is determined in subsections (E)(1) and
(2).
The standards for a geotechnical report and geological assessment are contained in subsections (E)(3)
through (6).
The general review standard for approval of a permit is in subsection (E)(7).
Notice of the risks inherent in development in a geologically hazardous area is required for the applicant
and future property owners in subsection (F).
(A) Classification.
(1) The following shall be classified as geologically hazardous areas:
(a) Areas with any indications of earth movement such as debris slides, earthflows, slumps
and rockfalls (see Figure LHA-1).
(b) Areas with artificial over steepened or un-engineered slopes, i.e., cuts or fills.
(c) Areas with slopes containing soft or potentially liquefiable soils.
(d) Areas over steepened or otherwise unstable as a result of stream incision, stream bank
erosion, and undercutting by wave action.
(e) Slopes greater than fifteen percent (8.5 degrees) and having the following:
(i) Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock(e.g., sand overlying
clay); and
(ii) Springs or groundwater seepage.
(f) Any area with a slope of forty percent or steeper and with a vertical relief of ten or
more feet except areas composed of consolidated rock. A slope is delineated by
establishing its toe and top and measured by averaging the inclination over at least ten
feet of vertical relief.
Resource Ordinance December 20, 2021 Page 71
(2) The following information may be used as a guide by the county to indicate areas that have a
higher likelihood of meeting the classification criteria above:
(a) Landslide hazards mapped by the Washington Department of Natural Resources,
Division of Geology and Earth Resources (Washington Geological Survey) such as
"Landforms and Hazard Ratings-- Mason Watershed," Isabelle Sarikhan and Timothy J.
Walsh,August 2007.
(b) The areas identified on the Mason County Soil Survey Map as having slopes greater
than fifteen percent.
(c) The areas identified on the Coastal Zone Atlas,Volume 9, of Mason County,
Washington as:
(i) Unstable - "U";
(ii) Unstable Old Slides- "UOS";
(iii) Unstable Recent Slides- "URS";
(iv) Intermediate Slopes- "I";
(v) Modified Slopes- "M."
(d) The areas identified as Class 2, 3,4, or 5 of the maps: "Relative Slope Stability of the
Southern Hood Canal Area,Washington," by M. Smith and R.J. Carson, U.S. Geological
Survey, Series Map 1-853-F, 1977
(e) Areas described and mapped as areas of poor natural stability and historical and recent
landslides by the Washington State Department of Natural Resources, Division of
Geology and Earth Resources including"The Geological Map of North Central Mason
County,Washington," by R.J. Carson,Washington State Department of Natural
Resources, Division of Earth Resources, 1975;
(d) Areas mapped as landslide deposits (Map Unit Qls) on the Geologic Maps of
Washington 7.5-Minute Quadrangle (Longbranch, Squaxin Island, Shelton, Summit
Lake,Vaughn, Lake Wooten, Mason Lake, Belfair,Skokomish Valley and Union,
Lilliwaup, Hoodsport, and Holly).
(B) Designation.
(1) Lands of Mason County classified as geologically hazardous areas are designated, under RCW
36.70A.060 and RCW 36.70A.170, as critical areas requiring immediate protection from
incompatible land uses.
(2) Upon an application for development on either mapped or unmapped lands,the
Administrator shall determine if a potential geological hazards exists on a particular site based
on:
(a) Information supplied by the applicant in the form of a geotechnical report or geological
assessment,
(b) Actual physical observation of the site,
(c) Existing county Hazard Area maps identified in subsection (A), or
(d) Other means determined to be appropriate.
Resource Ordinance December 20, 2021 Page 72
(C) Land Uses.
(1) Exempt Uses.
(a) The growing and harvesting of timber,forest products and associated management
activities in accordance with the Washington Forest Practices Act of 1974, as amended,
and regulations adopted pursuant thereto; including, but not limited to, road
construction and maintenance; aerial operations; applications of fertilizers and
pesticides; helispots; and other uses specific to growing and harvesting timber forest
products and management activities, except those Forest Practices designated as "Class
IV- General Forest Practices" under the authority of the "Washington State Forest
Practices Act Rules and Regulations," WAC 222-16-030;
(b) Those activities and uses conducted pursuant to the Washington State Surface Mining
Act, RCW 78.44 and its Rules and Regulations,where state law specifically exempts
local authority;
(c) Existing and ongoing agriculture, aquaculture,floriculture, horticulture, general
farming, dairy operating under best management practices (BMP) of the Washington
State Department of Ecology's Storm Water, Water Quality, Hazardous Waste,
Wetland, and Solid Waste Program and BMP from the Departments of Health,
Agriculture,Transportation, and State Conservation District Office.
(2) Permit Required Uses. Permits are required for all new construction, grading, land clearing,
and other uses subject to Section 8.52.050, and any Class IV Conversion Permit pursuant to
the State Forest Practices Act which involves conversion to a permit required use, and are
within a geologically hazardous area or its buffer. Permit required use in or within three
hundred feet of a geologically hazardous area requires a Special Report, see subsection (E).
(D) Development Standards.Any land use on geologically hazardous areas or their buffers shall
conform to the following standards:
(1) Grading.
(a) No grading shall be performed in geologically hazardous areas prior to obtaining a
grading permit subject to approval, by the Director, based on recommendations
contained in the geotechnical report with slope stability, drainage, erosion control and
grading recommendations.
(b) Clearing during grading shall be limited to the area of the approved development.
(c) No fill, dead vegetation (slash/stumps), or other foreign material shall be placed within
a geologically hazardous area or its associated buffers; with the exception of
engineered compacted fill for construction of buttresses for landslide stabilization
which shall be in accordance with recommendations specified in a geotechnical report.
(2) Land Clearing.
(a) Within this section, "Land Clearing" is defined as the cutting or harvesting of trees or
the removing or cutting of vegetation so as to expose the soil and which is not
otherwise exempt from this section.
(b) Land clearing in geologically hazardous areas or their buffers is permitted when it is
consistent with the recommendation and plans contained in the geotechnical report
and development approval.
Resource Ordinance December 20, 2021 Page 73
(c) If there is no geotechnical report for the site, land clearing is not permitted: however
removal of danger trees, selected removal for viewing purposes of trees less than six
inches dbh (diameter at breast height) and trimming or pruning of existing trees and
vegetation is allowed with the qualifications cited herein.
(i) Danger trees shall be identified with the recommendation of a member of the
Association of Consulting Foresters of America, an arborist certified by the
International Society of Arboriculture, or with the recommendation of a person
qualified to prepare a geotechnical report if removing trees for slope stabilization
purposes.
(ii) Removal of trees less than six inches dbh shall be limited to less than two percent
of the total number of trees of that size or larger in the hazard area.
(iii) Removal of multiple trees in a concentrated area, i.e., within a distance of
twenty-five feet of each other, shall be accompanied by replacement of deep
rooting native shrubs or other vegetation that serve similar moisture and erosion
protective functions of that provided by the removed trees.
(iv) Trimming and pruning shall be accomplished in accordance with pruning
standards of the International Society of Arboriculture, as published in "ANSI
A300-95" or subsequent updated versions in order to minimize the potential for
long-term damage to the trees.
(d) Removal of selected trees and ground cover is allowed without a permit for the
purpose of surveying and geotechnical exploration activities that do not involve
grading, provided that re-vegetation of the disturbed areas occurs immediately
afterward.
(e) Land clearing for which a permit has been obtained shall not be allowed during the wet
season, i.e.,from October 15 through May 1, unless special provisions for wet season
erosion and landslide protection have been addressed in the geotechnical report and
approved by the Director.
(3) Drainage.
(a) Surface drainage, including downspouts and runoff from paved or unpaved surfaces up
slope, shall not be directed onto or within fifty feet above or onto the face of a
geologically hazardous area or its associated buffer. If drainage must be discharged
from the top of a geologically hazardous area to below its toe, it shall be collected
above the top and directed to below the toe by tight line drain and provided with an
energy dissipating device at the toe.
(b) Stormwater retention and detention systems, including percolation systems utilizing
buried pipe or French drain, are prohibited unless a licensed civil engineer certifies
appropriate mitigation measures.
(c) Erosion shall be controlled as provided in the Mason County Stormwater Management
Ordinance and in accordance with the recommendations provided in any geotechnical
report or geological assessment prepared for the site.
(4) Sewage Collection/Treatment Systems. Sewage collection and treatment systems shall be
located outside of the geologically hazardous areas and associated buffers, unless an
approved geotechnical report specifies appropriate mitigation measures. See subsection (E).
Resource Ordinance December 20, 2021 Page 74
(5) Subdivision Design and Lot Size. For the purpose of determining lot sizes under Title 16 of this
code, and other county regulatory requirements, the Director shall review available
information and required geotechnical reports or geological assessments under subsection
(E), and make a decision on a case-by-case basis based on the reports. To avoid impacts to
anadromous fisheries and fish habitat, land divisions, (short plats, subdivisions, and large lot
divisions) shall not be approved unless:
(a) No improvements or construction shall be within Fish and Wildlife Habitat Conservation
Areas, wetlands, or their buffers, provided that necessary water or wetland crossings or
encroachments approved pursuant to other sections of the Mason County Resource
Ordinance or other county regulations may be permitted for roads and utilities.
(b) All lots must have designated building areas on which structures may be safely located
without the requirement for bulkheading, bank protection or other structures that
encroach on Fish and Wildlife Habitat Conservation Areas, wetlands, or their buffers.
Future buildings are to be limited to such designated areas.
The number, size, or configuration of lots may be changed as a condition of approval to
meet this requirement.
(6) Buffers.
A buffer of undisturbed, natural vegetation shall be established from the edges (top,toe) of
Geologically Hazardous Areas unless specified below.
(a) For marine bluffs,the minimum buffer shall be the larger of the following:
(i) Equal to or greater than a distance from the ordinary high water mark landward
at a slope of 2:1 (horizontal to vertical)that intersects with the existing
topography of the site;
(i i) Fifty(50)feet from Geologically Hazardous Area; and
(iii) The minimum distance recommended by the geotechnical professional in the
geotechnical report.
(b) For development that is not adjacent to marine bluffs,the minimum buffer shall be the
larger of the following:
(i) Fifty(50)feet from Geologically Hazardous Area (crest and toe); and
(i i) The minimum distance recommended by the geotechnical professional in the
geotechnical report.
(c) An application may be made to reduce the buffer for the purpose of constructing
single-family residential development on a lot existing or vested by December 6, 1996.
(i) Notice of application for the reduction of the buffer shall be made as provided in
Section 15.07.010 of the Mason County Development Code (which specifies how
notice is sent to adjacent property owners and posted on the site).
(i i) The Director shall approve such a reduction only on finding the following:
a. The approval is conditioned as necessary to be consistent with the
recommendations contained within the geotechnical report(described in
subsection (E)); and
Resource Ordinance December 20, 2021 Page 75
b. Impacts to anadromous fish or their habitat or to Fish and Wildlife Habitat
Conservation Areas shall be avoided or mitigated as detailed in an
approved Habitat Management Plan (described in Section 8.52.170.)
(7) Shoreline Stabilization (such as Bulkheads and Bank Protection). Shoreline stabilization
approved under the Shoreline Master Program or the Fish and Wildlife Habitat Conservation
Area regulations, shall be consistent with recommendations specified in a geotechnical
report.
(8) Residential Densities and Floor Area Ratios. The geologically hazardous area and its buffer
shall be counted in calculating the number of dwelling units (determined by the size of the
site and residential density allowed) or the area of nonresidential building (determined by the
size of the site and the floor area ratio allowed)that may be built on the site; provided that:
(a) The development is outside of the geologically hazardous area or its buffer, and
(b) The development is able to comply with all county regulations without encroaching on
the geologically hazardous area or its buffer.
Clustering of residential development away from geologically hazardous area and its buffer
may receive a density bonus if performed meeting the design requirements contained in
Chapter 16.22, Mason County Code.
(E) Special Reports.
(1) Applicability. Every application for development within a geologically hazardous area or its
buffer or within two hundred fifty feet of the buffer(that is — within three hundred feet of
the geologically hazardous area) shall meet the standards of subsection (D) and shall require a
professionally prepared special report: either a geological assessment or a geotechnical
report, or both. The intent of the geological assessment is to confirm that the proposed
development is outside of the geologically hazardous area and its associated buffers and
setbacks. The intent of the geotechnical report is to specify how the hazards are to be
mitigated when development is proposed within the geologically hazardous area itself or its
buffers or setbacks. The type of report that is required is specified below:
Category a. Development proposed within three hundred feet of areas slopes greater than
forty percent (21.8 degrees) will require a geotechnical report.
Category b. Development proposed within two hundred feet of areas with any visible signs
of earth movement such as debris slides, earthflows, slumps and rockfalls, or areas of
previously mapped or recorded landslides will require a geotechnical report. If the
proposed development is two hundred feet or more from these areas, but not more
than three hundred feet from them,then a geological assessment is required and a
geotechnical report may be required based on findings of the assessment.
Category c. Development proposed within one hundred feet of areas of over steepened or
otherwise potentially unstable slopes as a result of stream incision, stream bank
erosion, and undercutting by wave action will require a geotechnical report. If the
proposed development is one hundred feet or more from these areas, but not more
than three hundred feet from them,then a geological assessment is required and a
geotechnical report may be required based on findings of the assessment.
Category d. Development proposed within three hundred feet of areas with slopes between
fifteen percent (8.5 degrees) and forty percent(21.8 degrees)will require a geological
Resource Ordinance December 20, 2021 Page 76
assessment, and may further require a geotechnical report upon analysis of the
following factors by the Director:
(i) Lot size and use;
(ii) Overall height of slope and maximum any planned cut or fill (requires a grading
plan from the applicant);
(iii) Soil types and history of sliding in the vicinity;
(iv) Groundwater conditions, including depth to water and quantity of surface
seepage;
(v) Approximate depth to hard or dense competent soil, e.g., glacial till or outwash
sand;
(vi) Impervious surfaces and drainage schemes(requires development/grading plan
from the applicant);
(vii) Wastewater treatment (requires on-site sewage disposal system approval from
Mason County Division of Environmental Health);
(viii) Potential off-site impacts, including adjacent properties, roadways, etc. (requires
environmental statement from the applicant, dependent on scope of project).
(2) Waiver of Geotechnical Report. The Administrator may waive the requirement for the
geotechnical report for Category c and d sites upon a written finding in the Geological
Assessment that the potential for landslide activity is low and that the proposed development
would not cause significant adverse impacts, or that there is adequate geological information
available on the area proposed for development to determine the impacts of the proposed
development and appropriate mitigating measures.
(3) Qualifications of Preparer. The geologic assessment shall be prepared at the discretion of the
Director by either a licensed civil engineer with specialized knowledge of
geotechnical/geological engineering or a licensed geologist or engineering geologist with
special knowledge of the local conditions.The geotechnical report shall be prepared at the
discretion of the Administrator by a licensed civil engineer with specialized knowledge of
geotechnical/geological engineering or a licensed engineering geologist.The preparer shall be
licensed in the State of Washington.
(4) Content of the Geological Assessment. A geological assessment shall include but not be
limited to the following:
(a) A discussion of geologic conditions in the general vicinity of the proposed development,
with geologic unit designation consistent with terminology used in the Coastal Zone
Atlas of Washington; Volume 9 (Washington Department of Ecology, 1980) or in
applicable U.S. Geologic Survey maps and the Washington Geological Survey's Geologic
maps of Washington (7.5-minute quadrangles for Longbranch, Squaxin Island, Shelton,
Summit Lake, Vaughn, Lake Wooten, Mason Lake, Belfair, Skokomish Valley and Union,
Lilliwaup, Hoodsport, and Holly).
Use of soil conservation service soil layer terminology is considered inappropriate for
this assessment.
Resource Ordinance December 20, 2021 Page 77
(b) A discussion of the groundwater conditions at the site, including the estimated depth to
water and the quantity of surface seepage and the upslope geomorphology and
location of upland waterbodies and wetlands.
(c) The approximate depth to hard or dense competent soil, e.g., glacial till or outwash
sand.
(d) A discussion of any geomorphic expression of past slope instability(presence of
hummocky ground or ground cracks,terraced topography indicative of landslide block
movement, bowed or arched trees indicating downslope movement, etc.).
(e) A discussion of the history of landslide activity and potential hazards in the vicinity, as
available in the following publications and maps:
(i) Landslides and landslide hazards mapped by the Washington Department of
Natural Resources, Division of Geology and Earth Resources (Washington
Geological Survey) such as"Landforms and Hazard Ratings-- Mason Watershed,"
Isabelle Sarikhan and Timothy J. Walsh,August 2007;
(i i) The map of"Relative Slope Stability of the Southern Hood Canal Area,
Washington" by M. Smith and R.J. Carson, 1977;
(iii) The Coastal Zone Atlas; and
(iv) Geologic maps of Washington (7.5-minute quadrangles for Longbranch, Squaxin
Island, Shelton, Summit Lake,Vaughn, Lake Wooten, Mason Lake, Belfair,
Skokomish Valley and Union, Lilliwaup, Hoodsport, Holly) and any landslide
records on file with the Mason County Community Services Department.
(v) Where available,geotechnical documents prepared for nearby properties and
developments.
(f) An opinion on whether the proposed development is within the geologically hazardous
area or its associated buffer or setback. If it is,then a Geotechnical Report is required.
(g) A recommendation by the preparer whether a geotechnical report should be required
to further evaluate site conditions and the proposed development of the subject
property.
(h) If the presence of a hazard is determined within three hundred feet of the proposed
development,then the area of the proposed development,the boundaries of the
hazard, and associated buffers and setbacks shall be delineated (top, both sides, and
toe) on a geologic map/site map.
(i) A site map drawn to scale showing the property boundaries, scale, north arrow, and the
location and nature of existing and proposed development on the site.
(j) A determination on whether the proposal is within an Erosion Hazard Area. If it is,then
a Geotechnical Report and a Soil Erosion and Sediment Control Plan prepared by a
professional engineer licensed in the State of Washington is required (see MCC
8.52.160).
(k) If development is within a Seismic Hazard Area, demonstrate conclusively that the
hazards (see MCC 8.52.150) are to be avoided or mitigated in such a manner as to
prevent harm to property and public health and safety and to prevent significant
adverse environmental impacts.
Resource Ordinance December 20, 2021 Page 78
(1) For development proposed within shoreline jurisdiction per 17.50 MCC, provide an
assertion that the proposed development is set back sufficiently to ensure that new
shoreline stabilization is unlikely to be necessary during the life of the structure or that
the proposed development has been,to the extent feasible, minimized and located as
far from the shoreline as possible.
Note: New development that would require shoreline stabilization which causes
significant impacts to adjacent or down-current properties and shoreline areas is not
allowed.
(m) If the proposed development includes shoreline stabilization (bulkheads, etc.), a
Shoreline Geotechnical Assessment is required per the Shoreline Master Program
(SMP) 17.50 MCC. The Geological Assessment required by this Chapter and the
Shoreline Geotechnical Assessment required by the SMP may be combined into one
report, provided the requirements of both are addressed.
(5) Content of a Geotechnical Report. A geotechnical report shall include, but not be limited to,
the following:
(a) A discussion of general geologic conditions, specific soil types,groundwater conditions,
the upslope geomorphology and location of upland waterbodies and wetlands, and
history of landslide activity in the vicinity, as available in the following publications,
documents, and maps:
(i) Landslides and landslide hazards mapped by the Washington Department of
Natural Resources, Division of Geology and Earth Resources (Washington
Geological Survey) such as"Landforms and Hazard Ratings-- Mason Watershed,"
Isabelle Sarikhan and Timothy J. Walsh,August 2007;
(ii) The map of"Relative Slope Stability of the Southern Hood Canal Area,
Washington" by M. Smith and R.J. Carson, 1977;
(iii) The Coastal Zone Atlas;
(iv) Geologic maps of Washington (7.5-minute quadrangles for Longbranch, Squaxin
Island, Shelton, Summit Lake,Vaughn, Lake Wooten, Mason Lake, Belfair,
Skokomish Valley and Union, Lilliwaup, Hoodsport, and Holly).
(v) Where available,geotechnical documents prepared for nearby properties and
developments.
(b) A site plan drawn to scale showing the property boundaries, scale, and north arrow
which identifies the following:
(i) The important development and geologic features.
(i i) Locations and logs of exploratory holes or probes.
(iii) The area of the proposed development,the boundaries of the hazard, and
associated buffers and setbacks shall be delineated (top, both sides, and toe) on
a geologic map of the site. See subsection (D)(6)for minimum buffer widths.
If recommending or supporting a development activity to occur within the LHA or
buffer, label that minimum setback on the site plan.
(c) A minimum of one cross section at a scale which adequately depicts the subsurface
profile, and which incorporates the details of proposed grade changes.
Resource Ordinance December 20, 2021 Page 79
(d) A description and results of slope stability analyses performed for both static and
seismic loading conditions. Analysis should examine worst case failures. The analysis
should include the Simplified Bishop's Method of Circles. The minimum static safety
factor is 1.5,the minimum seismic safety factor is 1.1 and the quasi-static analysis
coefficients should be a value of 0.15.
(e) Appropriate restrictions on placement of drainage features, septic drain fields and
compacted fills and footings, including recommended buffers and setbacks from the
geologically hazardous areas.
(f) Recommendations for the preparation of a detailed clearing and grading plan which
specifically identifies vegetation to be removed, a schedule for vegetation removal and
replanting, and the method of vegetation removal.
(g) Recommendations for the preparation of a detailed temporary erosion control plan
which identifies the specific mitigating measures to be implemented during
construction to protect the slope from erosion, landslides and harmful construction
methods.
(h) An analysis of both on-site and off-site impacts of the proposed development.
(i) Specifications of final development conditions such as,vegetative management,
drainage, erosion control and buffer widths.
(j) Recommendations for the preparation of structural mitigation or details of other
proposed mitigation.
(k) If development is within an Erosion Hazard Area (see the Erosion Hazard Area chapter
of the Resource Ordinance), a Soil Erosion and Sediment Control Plan prepared by a
professional engineer licensed in the State of Washington is required.
(1) If development is within a Seismic Hazard Area (see the Seismic Hazard Area chapter of
the Resource Ordinance), demonstrate conclusively that the hazards can be overcome
(m) For development proposed within shoreline jurisdiction per 17.50 MCC, provide an
assertion that the proposed development is set back sufficiently to ensure that new
shoreline stabilization is unlikely to be necessary during the life of the structure or that
the proposed development has been,to the extent feasible, minimized and located as
far from the shoreline as possible.
Note: New development that would require shoreline stabilization which causes
significant impacts to adjacent or down-current properties and shoreline areas is not
allowed.
(n) If the proposed development includes shoreline stabilization (bulkheads, etc.), a
'shoreline geotechnical assessment' is required per the Shoreline Master Program
(SMP) 17.50 MCC. The geotechnical report required by this Chapter and the shoreline
geotechnical assessment required by the SMP may be combined into one report,
provided the requirements of both are addressed.
(6) Applicable Standards. Geological assessments and geotechnical reports shall be prepared
using terminology, descriptions, evaluation methods and mitigation approaches that reflect
the current standard of care for practitioners in the field of geologic hazards. Professionals
performing geological assessments and geotechnical reports should consider information in,
but not limited to the following publications and sources:
Resource Ordinance December 20, 2021 Page 80
(a) Turner,A.K. and Schuster, R.L. 1996, Landslides, Investigation and Mitigation,
Transportation Research Board Special Report 247, National Research Council,
Washington DC National Academy Press;
(b) Washington Department of Ecology, 1993. Slope Stabilization and Erosion Control Using
Vegetation, A Manual of Practice for Coastal Property Owners, Publication No. 93-30.
Olympia, WA;
(c) Washington Department of Ecology, 1993. Vegetation Management:A Guide for Puget
Sound Bluff Property Owners, Publication No. 93-31. Olympia, WA;
(d) Washington Department of Ecology, 1995.Surface Water and Groundwater on Coastal
Bluffs, Publication No. 95-107. Olympia, WA);
(e) Washington Department of Ecology, 2005. Stormwater Management Manual for
Western Washington. Olympia, WA; and
(f) Washington State Department of Licensing, 2006, Guidelines for Preparing Engineering
Geology Reports in Washington. Prepared by Washington State Geologist Licensing
Board, November 2006.
(7) Administrative Determination. Any area in which the geotechnical report or geological
assessment indicates the presence of landslide hazards shall not be subjected to development
unless the report demonstrates conclusively that the risks posed by the landslide hazards can
be mitigated through geotechnical design recommendations, and that the development
meets all standards in subsection (D). Hazards must be mitigated in such a manner as to
prevent harm to property and public health and safety, and to assure no significant adverse
environmental impact.
Impacts to anadromous fish or their habitat or to Fish and Wildlife Habitat Conservation Areas
shall be avoided or mitigated as detailed in an approved Habitat Management Plan, as
described in Section 8.52.170.
The Administrator may submit either the geologic assessment or the geotechnical report to
an outside agency with geotechnical expertise or to a geotechnical consultant for third party
peer review prior to issuing a ruling on the project.
(F) Applicant Hold Harmless Statement.
The property owner shall be required to acknowledge
in writing the risks inherent in developing in a geologic Rotational landslide Translallonal landslide Block slide
hazard area, to accept the responsibility of any adverse
affects which may occur to the subject property or n
other properties as a result of the development, and to
agree to convey the knowledge of this risk to persons '
purchasing the site by filing the notice on the property Rockfall Topple Debris Plow
title. .
(Ord. 138-06(part),2006: Ord. 59-03 Attach.B,2003;Ord. 19-03 §
1,2003;Ord. 136-01,Attach.B,2001: Ord. 88-00,Attachment A -
(part),2000: Ord. 149-99,Attachment B § 1, 1999: Ord. 77-93 Debris avalanche E-11,11 w creep..
(part), 1993).
Figure LHA-1
Resource Ordinance December 20, 2021 Page 81
8.52.150 Seismic Hazard Areas
The purpose of the Seismic Hazard Section is to identify areas that present potential dangers to public
health and safety, and to prevent the acceleration of manmade and natural geological hazards, and to
neutralize the risk to the property owner or adjacent properties from development activities. Types of
Seismic Hazards include: Surface Faulting; Ground Shaking; Earthquake-related ground failure and
landslides; Lateral Spreading; Liquefaction; Lurch Cracks; Rockfalls; Differential Settlement; Regional Uplift;
Seiches; and/or Tsunamis. These are defined under Seismic Hazard Areas in Section 8.52.030.
(A) Classification.
The following shall be classified as Seismic Hazard Areas:
(1) Areas susceptible to ground failure including the following:
(a) Areas with geologic faults;
(b) Deep road fills and areas of poorly compacted artificial fill;
(c) Areas with artificially steepened slopes (i.e. old gravel pits);
(d) Postglacial stream, lake or beach sediments;
(e) River deltas;
(f) Areas designated as potential Landslide Hazard Areas;
(g) Bluff areas; and
(h) Areas underlain by potentially liquefiable soils.
(2) The following criteria may be used as a guide by the County to indicate areas that have a
higher likelihood of meeting the classification criteria above:
(a) Areas identified on the Coastal Zone Atlas of Washington,Volume 9, Mason County as
Af, Qa1, Qa2, Qvc, Qls, Qos and Qp.
(b) Areas identified on the Mason County Soil Survey Map as having slopes greater than 15
percent.
(c) Faults identified on "Map Showing Known or Suspected Faults With Quaternary
Displacement in the Pacific Northwest",A.M. Rogers,T.J. Walsh, W.J. Kockelman and
G.R. Priest, US Geologic Survey, 1996; or described in "Active Faulting Investigations on
the Canyon River Fault, Southern Olympic Range,Washington",T.J.Walsh and K.G.
Neal, U.S. Geologic Survey, 1997.
(d) Areas underlain by potentially liquefiable soils as shown "Liquefaction Susceptibility
Map of Mason County, Washington" by Stephen P. Palmer, Sammantha L. Magsino,
James L. Poelstra, Eric L. Bilderback, Derek S. Folger, and Rebecca A. Niggemann,
September 2004.
(B) Designation.
Lands of Mason County meeting the criteria for Seismic Hazard Areas are hereby designated, under
RCW 36.70A.060 and RCW 36.70A.170, as critical areas.
Resource Ordinance December 20, 2021 Page 82
(C) Land Uses.
All uses and activities within Seismic Hazard Areas are subject to the development standards of this
section.
(D) Development Standards.
(1) Development in Seismic Hazard Areas must be in compliance with Section 8.52.050.
(2) Development within Seismic Hazard Areas must be in compliance with Section 8.52.140.
(3) Location of Buildings and Facilities
Upon application for a Building Permit, if the Director finds that the proposed development is
within a Seismic Hazard Area, the County shall notify the applicant and indicate that the
potential effects of seismic activity shall be considered and that Geologic Assessment or
Geotechnical Report which addresses the seismic hazard shall be required. Requirements of
the Geologic Assessment and Geotechnical Report and the preparer shall be as detailed in
Section 8.52.140E.
(a) The Geologic Assessment or Geotechnical Report shall include a description of the
geology of the site, conclusions and recommendations regarding the effect of
geological conditions on the proposed development, and opinions and
recommendations for compensating for the seismic hazards present.
(b) The County shall take the potential seismic effects into consideration when reviewing
the proposal under SEPA and may include an alternative site analysis and
recommendations.
(4) Approval of development in Seismic Hazard Areas shall not be issued unless a Geological
Assessment or Geotechnical Report demonstrates conclusively that the hazards can be
overcome. Hazards must be mitigated in such a manner as to prevent harm to public health,
safety, and property and to minimize environmental impact. Impacts to anadromous fish or
their habitat or to fish and wildlife habitat conservation areas must be avoided or mitigated as
detailed in an approved Habitat Management Plan, as described in Section 8.52.170.The
Director may submit the Report to an outside agency with geotechnical expertise or to a
geotechnical consultant for third party peer review prior to issuing a ruling on the project at
the applicant's expense.
(5) New developments within Seismic Hazard Areas shall be designed in accordance with
applicable provisions of the 2003 International Building Code (IBC) including consideration of
the ground motions associated with a 475 year return period seismic event for Seismic Zone 3
and the liquefaction and soil strength loss that may occur during that event. Components of
the new development that are critical to health and safety, such as roadways and bridges,
that may not be directly addressed by the IBC shall be designed taking into consideration the
same ground motions and their possible effects as identified in the IBC for structures.
Resource Ordinance December 20, 2021 Page 83
8.52.160 Erosion Hazard Areas
The purpose of the Erosion Hazard Section is to identify areas that present potential dangers to public
health and safety, and to prevent the acceleration of natural geological hazards, and to neutralize the risk
to the property owner from development activities.
(A) Classification.
The following shall be classified as Erosion Hazard Areas;
Areas in Mason County underlain by soils which are subject to severe erosion when disturbed. Such
soils include, but are not limited to,those for which potential for erosion is identified in the Soil
Survey of Mason County, USDA Soil Conservation Service, 1960, or any subsequent revisions or
additions to this source.These soils include, but are not limited to, any occurrence or River Wash
("Ra") or Coastal Beaches ("Cg") and the following when they occur on slopes 15%or steeper:
(1) Alderwood gravelly sandy loam ("Ac" and "Ad")
(2) Cloquallum silt loam ("Cd")
(3) Harstine gravelly sandy loam ("Hb")
(4) Kitsap silt loam ("Kc")
(B) Designation.
The lands of Mason County meeting the criteria for Erosion Hazard Areas and are classified as such
are hereby designated, under RCW 36.70A.060 and RCW 36.70A.170, as critical areas.
(C) Land Uses.
All uses and activities within Erosion Hazard Areas are subject to the development standards of this
section.
(D) Development Standards.
And land use on Erosion Hazard Areas shall conform to the following standards:
(1) Development in Erosion Hazard Areas must be in compliance with Section 8.52.050, and
standards and requirements in Section 8.52.140 of this Chapter.
(2) No land clearing or grading activities shall be performed in an Erosion Hazard Area prior to
obtaining a grading permit, subject to approval by the Director, based on the
recommendations contained in the Geotechnical Report.
(3) Upon application for a Building Permit, if the Director finds that the proposed development is
within an Erosion Hazard Area,the County shall require the applicant to submit a Soil Erosion
and Sediment Control Plan prepared by a professional engineer licensed in the State of
Washington.The Plan may be included as an attachment in the Geotechnical Report.The Soil
Erosion and Sediment Control Plan shall specifically and realistically identify temporary and
permanent measures of erosion control.
Resource Ordinance December 20, 2021 Page 84
(4) Wet Season Operations: Clearing on an erosion hazard area shall be limited to the period
between May 1—October 15. If wet season operations are sought,the applicant shall provide
erosion and sedimentation control plan prepared by a professional engineer licensed in the
State of Washington that specifically and realistically identifies methods of erosion control for
wet weather conditions.
(5) The Soil Erosion and Sediment Control Plan shall provide for protection of the development
area and disturbed surfaces not involved in the immediate development operation using Best
Management Practices (BMP) such as sediment traps, check dams, stabilized construction
entrances, storm inlet protection, silt fencing, mulching or other effective means of soil
protection.
(6) Runoff from activities subject to a development permit shall be properly controlled to prevent
erosion.
(7) Continued Responsibility: It shall be the responsibility of the property owner and the
permittee to ensure that accelerated erosion does not occur during and after the project
construction.Additional measures, beyond those specified in an approved Soil Erosion and
Sediment Control Plan, may be required by the Director as deemed necessary to control
erosion after project completion.
8.52.170 Fish and Wildlife Habitat Conservation Areas
(A) Purpose.
Fish and wildlife habitat conservation means land management for maintaining species in suitable
habitats within their natural geographic distribution so that isolated populations are not created.
This does not mean maintaining all individuals of all species at all times, but it does mean
intergovernmental cooperation and coordination is critically important in a region. In some cases, it
is sufficient to assure that a species will usually be found in certain regions across the state. The
provisions for the protection of habitat contained in this section cannot succeed in their purpose of
supporting viable populations of fish and wildlife species unless other agencies and the public also
act to protect the species. In the case of anadromous fish, the Statewide Salmon Recovery Strategy
identifies that it will take a balanced approach to addressing the factors of decline that are within
human control, including harvest, hatchery, habitat, and hydropower. The underlying assumption
within this section is that impacts to anadromous fish or their habitat or to fish and wildlife
conservation areas shall be avoided or mitigated as detailed in an approved Habitat Management
Plan as described in subsection (J). The intent of this section is to:
(1) Protect critical habitat features to support genetically viable populations of fish and wildlife
species and allow for commercial and non-commercial uses.
(2) Protect the biological, physical, and chemical components of water quality for the benefit of
aquatic and terrestrial resources, as well as human consumptive uses.
(3) Ensure that natural stream and marine shoreline functions such as flow patterns, production
of sediment and large woody debris are maintained with minimal interference or impact to
private property.
Resource Ordinance December 20, 2021 Page 85
(4) Protect habitat for federal or state listed endangered,threatened or sensitive fish and
wildlife.
(5) Encourage non-regulatory methods of habitat retention whenever practical, through
education, and the Open Space Tax Program.
(6) Supplement the Shoreline Master Program for Mason County to preserve and protect critical
fish and wildlife habitat pursuant to (WAC 365-190-080(5)). It is the intent that the ordinance
codified in this chapter will compliment and supplement the Shoreline Master Program.
(7) Implement the Mason County Comprehensive Plan and to achieve these purposes consistent
with the Comprehensive Plan.
(B) Fish and Wildlife Habitat Conservation Area Categories.
Fish and wildlife habitat conservation areas include both aquatic and terrestrial areas within Mason
County. The approximate location and extent of critical fish and wildlife habitat areas are displayed
in the Washington Department of Fish &Wildlife's (WDFW) Priority Habitat and Species (PHS)
Program database. Mason County will also use other available information for these critical fish and
wildlife habitat areas, including tribal and federal databases and local knowledge. The following
categories shall be used in classifying critical areas to be regulated under this chapter:
(1) Commercial and recreational shellfish areas;
(2) Kelp and eelgrass beds; herring, sand lance, and smelt spawning areas;
(3) Naturally occurring lakes and ponds under twenty acres and their submerged aquatic beds
that provide fish or wildlife habitat;
(4) Streams;
(5) Saltwater shorelines, and lakes 20 acres and greater in surface area;
(6) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
(7) State natural area preserves, natural resource conservation areas, and wildlife areas;
(8) Areas with which federal or state endangered,threatened and sensitive species of fish and
wildlife have a primary association. Those species known to be found in Mason County are
listed in Table 8.52.170(A). The protection of a species' habitat is determined by the state or
federal listing, and their actual presence near the site subject to review. Other listed and
protected species may be found in Mason County,which are not in Table A.
(9) Other areas that contain habitats and species of local importance (which include juvenile
salmonid migration areas) as listed in Table A below. Species of local importance may
include, but are not limited to, state candidate and monitor species.
Resource Ordinance December 20, 2021 Page 86
Table 8.52.170(A): Species of Importance that May Occur in Mason County
Species Scientific Name State Status Federal Status
Fish
Black Rockfish Sebastes melano s Candidate none
Brown Rockfish Sebastes auriculatus Candidate Species of Concern
Bull Trout Salvelinus con uentis Candidate Threatened
Canary Rockfish Sebastes pinniger Candidate Threatened
Coho Oncorh nchus kisutch none Species of Concern
Copper Rockfish Sebastes caurinus Candidate Species of Concern
Dolly Varden Salvelinus malma none none
Greenstri ed Rockfish Sebastes elon atus Candidate none
Hood Canal Summer Chum Oncorh nchus keta Candidate Threatened
Olympic Mudminnow Novumbra hubbsi Sensitive none
Pacific Cod Gadus macroce halus Candidate Species of Concern
Pacific Hake Merluccius productus Candidate Species of Concern
Pacific Herring Clu ea pallasi Species of Concern none
Pacific Lamprey Entos henus tridentata none Species of Concern
Puget Sound Chinook Oncorynchus shave tscha Candidate Threatened
uillback Rockfish Sebastes mali er Candidate Species of Concern
Redstri e Rockfish Sebastes rori er Candidate none
River Lamprey Lam etra a resi Candidate Species of Concern
Sockeye Oncorh nchus nerka Candidate none
Steelhead Oncorh nchus m kiss Candidate Threatened
Walleye Pollock Thera ra chalco ramma Candidate Species of Concern
Yellowe e Rockfish Sebastes ruberrimus Candidate Threatened
Yellowtail Rockfish I Sebastes flavidus Candidate none
Reptiles and Am hibians
Cascade Frog Rana cascadae Monitor Species of Concern
Olympic Torrent Salamander R acotriton of m icus Monitor none
Tailed Frog Asca hus truei Monitor Species of Concern
Van D ke's Salamander Plethodon vand kei Candidate Species of Concern
Western Pond Turtle Clemm s maramorata Endangered Species of Concern
Western Toad Anax rus boreas Candidate Species of Concern
Mollusks
Newcomb's Littorine Snail Al amorda newcombiana Species of Concern Species of Concern
Olympia Oyster Ostrea concha hila Candidate none
■ Arthropods
Johnson's Hairstreak Butterfly Mitoura 'ohnsoni Candidate none
Puget Blue Butterfly Plebe'us icarioides blackmorei Candidate none
Taylor's Checkers of Butterfly Euphydryas editha to lori Endangered Endangered
Birds
Brandt's Cormorant Phalacrocorax penicillatus Candidate none
Common Loon Gavia immer Sensitive none
Common Murre Uria aal e Candidate none
Golden Eagle A uilla chrysaetos Candidate none
Great Blue Heron Ardea herodias Monitor None
Harlequin Duck Histrionicus histrionicus none Species of Concern
Marbled Murrelet Brach ram hus Endangered Threatened
Northern Goshawk Acci iter gentilis Candidate Species of Concern
Resource Ordinance December 20, 2021 Page 87
Species Scientific Name State Status Federal Status
Pileated Woodpecker Drycopus pileatus Candidate none
Purple Martin Pro ne subis Candidate None
Spotted Owl Stridex occidentalis Endangered Threatened
Streaked Horned Lark Eremo hila al estris stri ata Endangered Threatened
Vaux's Swift Chateura vauxi Candidate None
Western Bluebird Sialia mexicana Monitor None
Western Grebe Aechmo horus occidentalis Candidate none
Yellow-billed Cuckoo Cocc zus americanus Candidate Threatened
Mammals
Canada Lynx Lynx canadensis Endangered None
Gray Whale Eschrichtius robustus Sensitive None
Humpback Whale Me a tera novaean lice Endangered Endangered
Keen's Long Beard Bat M otis evotis keenii Candidate None
Killer Whale Orca Orcinus orca Endangered Endangered
Merriam's Shrew Sorex merriami Candidate None
Olympic Marmot Marmota of m us Candidate None
Pacific Fisher Martes pennanti Endangered Candidate
Pacific Harbor Porpoise Phocoena phocoena Candidate None
Pygmy Shrew Sorex ho i Monitor None
Roosevelt elk Cervus ela hus roosevelti none None
Steller Sea Lion Eumeto ias 'ubatus Threatened Species of Concern
Townsend's Big-eared Bat Plecotus townsendii Candidate Species of Concern
Western Pocket Gopher I Thomom s mazama I Threatened I Species of Concern
Table 8.52.170(B): Priority species not federally or state listed and not governed by this ordinance.
Species Scientific Name State Status Federal Status
Band-tailed Pigeon Colmba asciata None None
Blue Grouse Dendra a us obscurus None None
Butter Clam Saxidomus giganteus None None
Coastal Resident/Searun Oncorhynchus clarki None None
Dungeness Crab Cancer ma ister None None
Geoduck Pano ea abru to None None
Hooded Merganser Lo hod tes cucullatus None None
Kokanee Oncorh nchus nerka None None
Lon fin Smelt S irinchus thaleichth s None None
Mountain Quail Oreortyx pictus None None
Native Littleneck Clam Protothaca staminea None None
Pandalid Shrimp Pandalidae Pandalus s None None
Surfsmelt H omesus pretiosus None None
Wood Duck I Aix s onsa None None
(C) Designation.
The areas classified in subsection (B) above as Fish and Wildlife Habitat Conservation Areas (FWHCA)
are designated under RCW 36.70A.060 and RCW 36.70A.170, as critical areas requiring proper land
management to protect their value and functions.
Resource Ordinance December 20, 2021 Page 88
(D) Establishment of Buffers on Fish and Wildlife Habitat Conservation Areas.
FWHCA's shall have buffers established and maintained along their perimeters. Buffers shall be
retained in their natural condition, except as provided elsewhere in the ordinance codified in this
chapter.
(1) Buffers Widths.
(a) Buffers shall be a minimum of the following applicable width:
(i) Buffer widths associated with saltwater shoreline, lakes, and streams shall be
measured horizontally from the ordinary high water mark(OHWM)to the width
shown in Table C.
(ii) On streams where 'channel migration zones' (CMZ) have been mapped and
adopted by the county,the buffer shall be 150 feet or shall extend to the outer
edge of the channel migration zone, whichever is larger. Major new
development within a CMZ is prohibited unless one of the following is submitted:
a. A report prepared by a qualified professional demonstrating that the
proposed development would not result in interference with the process
of channel migration, cause significant adverse impacts to property or
public improvements, and/or result in a net loss of shoreline ecological
functions within the rivers and streams. Based on the results of the report,
the Director may limit development in the CMZ and require a buffer of
undisturbed natural vegetation from the edge of the CMZ; or
b. A report prepared by an experienced geologist, hydrologist, or civil
engineer with at least 5 years experience with fluvial systems of the Pacific
Northwest. The report shall include a review of historic and current aerial
photos and maps; a field analysis of specific channel and valley bottom
characteristics; and, based on the guidance provided by Ecology on
channel migration assessments, the report shall demonstrate the
following:
I. The site upon which the development is proposed is effectively
disconnected from the CMZ due to levies, or infrastructure such as
roads and bridges constructed and maintained by public agencies;
and
Il. The risk that the channel will migrate during the next 75 years is
minimal as indicated by the existing channel type, intact land cover
(and low likelihood future alterations in land cover); stable surficial
geology, low soil and potential; lack of evidence of likely avulsion
pathways (include area upstream of, but proximate to,the site); low
inundation frequency(ies).The assessment shall include review of all
available data regarding historical channel locations at the site;
identification of the site within a broader area.
(iii) When major new development is proposed within 1/4 mile of a listed species
point location (den or nest site) or habitat, as identified through the WDFW PHS
data base,tribal and other local fish and wildlife databases or knowledge, a
preliminary review by a qualified fish and wildlife professional shall be provided
to the county which shall determine if a FWHCA or its buffer is within the area of
Resource Ordinance December 20, 2021 Page 89
the development. The buffer distance shall be measured horizontally from the
established FWHCA perimeter.
(b) Provision for Increasing Buffer. Mason County may increase the buffer width on a case-
by-case basis, after a public hearing, as provided in Section 8.52.190(J),when a larger
buffer is necessary to protect the structure,function and value of Fish and Wildlife
Habitat Conservation Areas. The buffer shall be increased or other protections shall be
provided in order to prevent a significant adverse environmental impact by a proposed
project on those functions and values. This determination shall be supported by
appropriate documentation to be obtained in consultation with the state of
Washington and the Skokomish Tribe, Quinault Tribe and/or the Squaxin Island Tribe.
Such determination shall be attached as a permit condition and shall demonstrate that:
(i) A larger buffer is necessary to maintain viable populations or critical habitat of
endangered,threatened, or sensitive species;
(ii) The adjacent land is susceptible to severe erosion and erosion control measures
will not effectively prevent adverse impacts to the FWHCA; or
(iii) If the FWHCA contains variations in sensitivity, increasing the widths will only be
done as necessary to preserve the structure,function and value of the FWHCA.
(2) Activities in FWHCA's and/or Buffers that Require a Habitat Management Plan.
Unless specified below in (D)(4) below,the destruction or alteration of FWHCA's or their
buffers through removal, excavation, grading, dumping, discharging or filling of any material;
clearing; shading; intentional burning; vegetation removal (terrestrial, freshwater, or marine);
planting of non-native vegetation that would alter the character of the FWHCA or buffer; or
the construction or placement of structures or increasing the structural footprint shall
undergo mitigation sequencing and shall require a Habitat Management Plan.
The design and siting of these projects should not adversely impact water quality of receiving
waters such as wetlands, streams, rivers, Hood Canal or Puget Sound. In addition, project
design should meet or exceed any stormwater design requirements to avoid any risk of
decertification of shellfish beds or impacts to baitfish (herring, smelt, sand lance, candlefish,
etc.) spawning areas.
Habitat Management Plans shall be submitted with either a Mason Environmental Permit (or
a Shoreline Permit or Exemption when within shoreline jurisdiction). When applicable, a
Channel Migration Zone Report may also be required per(D)(1)(a)(ii).
(3) Additional Performance Standards. If the following performance standards cannot be met, a
Variance is required:
(a) Chemical Application or Storage. Chemical applications are not permitted within
FWHCA's and buffers unless expressly approved as part of a farm plan, forest practices
application, National Pollutant Discharge Elimination System (NPDES) permit, or for the
control of invasive or noxious plant species, when applied by a certified pesticide
applicator. In cases where approved chemical applications occur as part of a forest
practices application,farm plan, or NPDES permit, proper reporting procedures shall be
followed. Chemical application consistent with state and federal regulation does not
require a Mason Environmental Permit, but it does need to comply with the standards
included herein. Chemical storage shall not be permitted within a FWHCA or its buffer.
Resource Ordinance December 20, 2021 Page 90
(b) Gravel Mining. Gravel mining is discouraged within FWHCA's or their buffers, but it
may be allowed if it does not cause significant adverse environmental impact as
demonstrated in an HMP and a detailed mining and reclamation plan (required by the
Washington Department of Natural Resources).
(c) Land Divisions. In order to implement the purpose of this section and the county
Comprehensive Plan, to accommodate design innovation, creativity, and flexibility, and
to achieve a level of environmental protection that would not be possible by typical lot-
by-lot development,the use of the performance subdivision process (Title 16 Mason
County Subdivision Ordinance) is strongly encouraged. Divisions of land (subdivisions,
short subdivisions, large lot subdivisions) shall comply with the following development
standards:
(i) In order to avoid the creation of nonconforming lots,each new lot shall contain
at least one building site that meets the requirements of this chapter, including
buffer requirements for habitat conservation areas. This site must also have
access and a sewage disposal system location that are suitable for development
and do not adversely impact the FWHCA.
(i i) After preliminary approval and prior to final land division approval,the common
boundary between a required buffer and the adjacent property shall be
identified using appropriate signs. In lieu of signs, alternative methods of buffer
identification may be approved when such methods (fences or enhanced native
planting) are determined by Mason County to provide adequate identification to
the buffer and the FWHCA.
(iii) Buffer areas shall be dedicated as permanent open space tracts,functioning as
FWHCA buffers.
(d) Mobile Home or RV Parks. New or expanded mobile home or RV parks shall comply
with the following development standards:
(i) Lots or spaces and other improved areas shall be outside of FWHCA and its buffer
and setback.
(i i) Roads, utilities, and trails may encroach on the buffer with a HMP. The project as
a whole shall not adversely impact the FWHCA.
(iii) The common boundary between a required buffer and the adjacent property
shall be identified using signs or alternative methods determined Mason County
to provide adequate identification to the buffer and the FWHCA.
(iv) Buffer areas shall be designated as open space and preserved to the extent
possible.
(e) Parking. Parking areas for recreational, commercial, or other non-residential use shall
use Low Impact Development techniques and shall be minimized and located outside of
buffers, unless there is no area available and a HMP is provided. Perimeters of parking
areas shall be landscaped to minimize visual impacts.
(f) Pedestrian Stream Crossings.
(i) A residential, pedestrian or bicycle stream crossing shall span the entire stream's
ordinary high water marks (i.e. a bridge or arch culvert), and are allowed when it
is the only feasible access that the property owner has to a portion of their lot, it
is limited to a total of 5 feet wide, and a HMP is provided.
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(i i) A recreational and/or public pedestrian/bicycle stream crossing are allowed
when it spans the entire stream's ordinary high water marks (i.e. a bridge or arch
culvert), is limited to the minimum size necessary for the intended use, and a
HMP is provided.
(iii) Stream crossings for off road vehicles (ORV) shall meet the transportation
standards below.
(g) Stream Relocation. Stream relocation is discouraged and shall only be permitted when
consistent with Washington State Department of Fish and Wildlife Hydraulic Project
Approval and when adhering to the recommendations made within the approved HMP
and when adhering to the following minimum performance standards:
(i) The channel, bank and buffer areas shall be replanted with native vegetation that
replicates a natural, undisturbed riparian condition; and
(i i) For those shorelands and waters designated as frequently flooded areas
pursuant to Section 8.52.130, a professional engineer licensed in the state of
Washington shall provide information demonstrating that the equivalent base
flood storage volume and function will be maintained; and
(iii) Relocated stream channels shall be designed to meet or exceed the functions
and values of the stream to be relocated as determined by the monitoring in the
HMP.
(h) Transportation (Roads).
(i) Expansion and New Construction. Any private or public road or street expansion
or construction that in a FWHCA or its buffer shall comply with the
recommendations made within the approved HMP and shall comply with the
following minimum development standards:
a. Only locate in a FWHCA or buffer when there is no other reasonable or
practicable alternative exists and the proposed road or street serves
multiple properties whenever possible;
b. Public and private roads should provide for other purposes, such as utility
crossings, pedestrian or bicycle easements,viewing points, etc;
C. The road or street construction shall be the minimum necessary, as
required by the Department of Public Works and Fire Marshall, and shall
comply with the Department of Public Works' guidelines and the Fire Code
to provide public safety and mitigated stormwater impacts. Minimum
necessary provisions may include projected level of service requirements;
and
d. Construction time limits shall be determined in consultation with the
Washington Department of Fish and Wildlife in order to ensure species
and habitat protection.
(i i) Stream Crossings. All new stream crossings shall be discouraged and alternatives
shall be explored. Any private or public road expansion or construction which is
proposed and must cross streams classified within this chapter, shall comply with
the following minimum development standards:
a. Bridges or arch/bottomless culverts shall be required for all Type S or F
streams (which have anadromous fish habitat). Fish passage shall be
Resource Ordinance December 20, 2021 Page 92
provided, if necessary to address man-made obstructions on site. Other
alternatives may be allowed upon a showing that, for the site under
review,the alternatives would be less disruptive to the habitat or that the
necessary building foundations were not feasible.
b. Crossings shall not occur in salmonid spawning areas unless no other
reasonable crossing site exists. For new development proposals, if existing
crossings are determined to adversely impact salmon spawning or passage
areas, new or upgraded crossings shall be located as determined necessary
through coordination with the Washington State Department of Fish and
Wildlife and the Skokomish Tribe,the Quinault Tribe and/or the Squaxin
Island Tribe;
C. Bridge piers or abutments shall not be placed either within the floodway
or between the ordinary, high water marks unless no other reasonable
alternative placement exists;
d. All stream crossings shall be required to pass one hundred-year projected
flood flows, even in non-fish bearing Type Np or Ns streams. In addition,
crossings for Type S or F should allow for downstream transport of large
woody debris;
e. Crossings shall serve multiple properties whenever possible;
f. Where there is no reasonable alternative to providing a culvert,the culvert
shall be the minimum length necessary to accommodate the permitted
activity.
g. All disturbed soils shall be planted with native vegetation where possible.
And the utilization of'rip rap' shall be minimized.
(iii) Maintenance. Maintenance of roads and bridges shall minimize impacts to
water quality.
(i) Utility Corridors.
(i) Expansion and New Construction. New or expanded utility corridors shall comply
with the HMP and the following minimum development standards:
a. They shall be aligned when possible to avoid cutting trees greater than
twelve inches in diameter at breast height (four and one-half feet)
measured on the uphill side.
b. They shall be re-vegetated with appropriate native vegetation at not less
than pre-construction vegetation densities or greater, immediately upon
completion of construction or as soon thereafter as possible due to
seasonal growing constraints. The utility shall ensure that such vegetation
survives for a three-year period.
C. Utility towers shall be painted with brush, pad or roller and shall not be
sandblasted or spray painted, nor shall lead base paints be used.
(i i) Maintenance. Maintenance shall protect the environment of Fish and Wildlife
Habitat Conservation Areas and their buffers.
(j) Water Oriented Recreational Facilities. As demonstrated in the HMP, development
activities associated with water oriented recreation (including scientific/environmental
education)shall be designed and located to minimize impacts to wildlife, fish, or their
Resource Ordinance December 20, 2021 Page 93
habitat and/or critical characteristics of the affected conservation area including the
following:
(i) Locating development on existing road grades, utility corridors, or other such
previously disturbed areas where possible;
(i i) Minimizing the removal of trees, shrubs, snags and important wildlife habitat;
(iii) Setting trails back from FWHCA's so that there will be minimal impact from trail
use or maintenance.
(iv) Providing bridges at all pedestrian stream intersections;
(v) Implementing low impact development(LID)techniques such as pervious
surfaces and rain gardens to the greatest extent feasible.
(vi) See (D)(3)(e) above for parking area standards.
(4) Activities in FWHCA's or Buffers that Do Not Require a Habitat Management Plan.
(a) Agricultural Activities. For all new and ongoing agricultural activities refer to Section
8.52.050(E).
(b) Danger Trees(felling of). The felling of danger trees is allowed within buffers without a
Habitat Management Plan provided the following conditions are met:
(i) When it is demonstrated to the satisfaction of the Administrator that an
imminent threat exists to public health or safety, or the safety of private or
public property. Landowner shall provide to the Administrator a written
statement describing tree location, danger it poses, and proposed mitigation.
(i i) Should the imminent threat not be apparent to the Administrator(as danger
trees are defined in Section 8.52.030),the Administrator may require the
landowner submit a report from a professional forester or certified arborist.
(iii) Before a danger tree may be felled or removed, with the exception of an
emergency pursuant to Section 8.52.240,the landowner shall obtain written
approval from the Administrator. This approval shall be processed promptly and
may not be unreasonably withheld. If the Administrator fails to respond to a
danger tree removal request within ten business days,the landowner's request
shall be conclusively allowed.
(iv) Mitigation as approved by the Administrator to include:
a. The planting within the critical area or its buffer a total of six new native
trees, each a minimum three years old. Should a report be submitted
under subsection (6)(ii), it shall contain recommendations for suitable
replacement trees;
b. Tree trunks shall be left within the critical area or buffer unless a
submitted report warrants its removal to avoid spreading disease or pests.
This may be achieved by leaving at least 20 feet of the tree standing as a
`snag' or by leaving the trunk of the cut tree on the ground in as large of
segments as possible to provide habitat. The branches from the cut tree
may be removed to control fire hazard; and
C. Additional mitigation may be required if three or more trees are to be
felled on one property within a ten-year period.
Resource Ordinance December 20, 2021 Page 94
(c) Enhancement. Enhancement of a buffer by planting native vegetation (see also
subsection (F)(8)).
(d) Fences. Fences limited to three (3) feet in height are allowed in the buffer and setback,
provided they do not extend waterward of the ordinary high water mark and provided
the removal of native vegetation does not exceed the ratio allowed in subsection (k)
(View Corridors).
(e) Forest Practices. Except for conversions to a non-forestry uses, timber harvesting and
forest practices shall be conducted in accordance with the Washington State Forest
Practices Act (RCW 76.09 as amended), and any implementing regulations (WAC 222 as
amended) and are not regulated by this Program except as expressly provided herein.
(f) Harvesting of Wild Crops. Harvesting wild crops which do not significantly affect the
viability of the wild crop, the function of the Fish and Wildlife Habitat or regulated
buffer(does not include tilling of soil or alteration of the Fish and Wildlife Habitat
Conservation Area).
(g) Maintenance and Use of Existing Landscaped Areas (landward of OHWM). An existing
landscaped area is one which is defined by mowed grass,flower beds, orchard trees,
shrubs, and trees. Maintenance and use includes mowing, weeding,trimming,
replacement of vegetation types, placing landscape walls no more than two feet in
height, excavating or placing top soil or compost not exceeding six inches in depth or
ten cubic yards in total, placing play equipment (swings, slides,temporary plastic
above-ground pools, but not including tree houses or other play houses), and picnic
tables and chairs.
Maintenance does not include the removal of native trees (see "View Corridors" in (k)
below). Exposure of more than two hundred square feet of soil at any one time
requires stormwater precautions so that no contaminated runoff reaches a river,
wetland, stream, or lake. If such maintenance or use in the buffer area is abandoned or
discontinued for greater than five (5)years, activities must conform to the provisions of
this chapter. This maintenance allowance does not apply to areas where the ordinance
requires restoration or enhancement for common line and other buffer reductions and
encroachments.
(h) Noxious Weed Removal. The removal of noxious weeds designated in Chapter 17.10
RCW.
(i) Remodel, Repair, and Replacement of Structures and Uses.
The remodel, repair, or replacement within the footprint, or combined footprints per
(E)(4)(j)(iii), as long as the modification does not increase any intrusion into the FWHCA
or its buffer and as long as the footprint has not been moved any distance.
However, an HMP is required to add gravel to the beach as maintenance of a bulkhead.
Note: Substantial improvements that are located within floodplains must meet the
standards detailed in the Mason County Flood Ordinance, which may include
submitting a Habitat Assessment or Habitat Management Plan.
(j) Trails,Single Family Residential. The construction of trails associated with residential
use which shall be unpaved when located in the buffer areas,which are not intended
for motorized use,which are no wider than four(4)feet, and which avoid clearing
native vegetation.
Resource Ordinance December 20, 2021 Page 95
(k) View Corridors. Buffer alterations for view Water Body
corridors are allowed with emphasis placed OHWM
on limbing and with selective timber
removal minimized to the extent possible.
Proposed alterations shall be the minimum M
to afford views within the buffer and shall
minimize shrub vegetation removal and m -o
ground disturbance while maintaining the
large mature trees. Under this provision, M
no more than ten percent of the shrubs `n
and ten percent of trees in the buffer less -- -----------------------
than six inches in diameter at breast height 15 feet F _
may be cut without specific authorization New
from Mason County. View corridor House
improvement actions which include the Figure FWHCA-1
cutting of more than 10 percent of shrubs, cutting more than 10 percent of trees less
than 6 inches diameter, or cutting any native trees larger than six inches in diameter at
breast height will require a Habitat Management Plan.
(E) Establishment of Setbacks on Fish and Wildlife Habitat Conservation Areas.
(1) Standard Setbacks for Saltwater, Lakes Larger than 20 Acres, and Streams.
(a) Unless exempt per MCC 8.52.200 or as provided in subsection (E)(4), new or expanded
structures shall be set back from the FWHCA a distance equal to or greater than the
required buffer width plus fifteen (15) feet or shall obtain approval through a Variance
or Reasonable Use Exception. See Figure FWHCA- 1 and Table C.
(b) An uncovered deck or a pervious patio may be constructed up to fifteen (15) feet
waterward of the setback provided it does not exceed 200 square feet. Guard railing
height along the perimeter of the deck shall not be greater than the minimum required
by building code.
Table 8.52.170(C): Fish and Wildlife Habitat Conservation Area Development Standards.
Habitat Type Buffer Structure Setback
Streams
Type S` 150 feet 165 feet'
Type F 150 feet 165 feet'
Type Np 100 feet 115 feet
Type Ns 75 feet 90 feet
Lakes
Over 20 acres 1 100 feet 115 feet 4
Less than 20 acres with no critical habitat for 35 feet 50 feet
listed species s
Saltwater
`Conservancy'or a Natural'SED 1,6 150 feet 165 feet 4,7
Resource Ordinance December 20, 2021 Page 96
Residential'or a Rural'SED 1,6 100 feet 115 feet 4,1
`Commercial'SED 1,6 50 feet 65 feet 4,1
Stream Types: S=shoreline of the state,F=fish habitat,Np=non-fish habitat with perennial(all year)water,Ns=non-
fish habitat with dry periods or seasonal water flow.Please see the Definitions section under"Stream"for further
explanation.
1 Uses and development are also governed by the Shoreline Master Program 17.50 MCC.
2 Or the channel migration zone,whichever is larger.
3 Or the channel migration zone plus 15 feet,whichever is larger.
4 The setback may be larger or smaller for single family residential development based on the"common line"provisions in
(E)(3)(b).
5 Buffers and setbacks for wetlands are regulated by the Wetlands Chapter of the Resource Ordinance MCC 8.52.110.
6 Commercial,Residential,Rural,Conservancy,and Natural are Shoreline Environment Designations found in the Mason
County Shoreline Master Program 17.50 MCC.
7 For marine bluffs,there is an additional 2:1 horizontal to vertical setback measured from the OHWM(See MCC
8.52.140).
(2) Setbacks on Lakes Smaller than 20 Acres.
Lakes under twenty acres that are not regulated as wetlands and that do not have critical
habitat for listed species of local importance shall have buffers of thirty-five feet with an
additional fifteen-foot structure setback.
(3) Provisions for Decreasing or Increasing the Setback.
(a) Variance or Reasonable Use Exception.
Unless exempt per MCC 8.52.200, or allowed per subpart (E)(4) below, a new or
expanded structure that cannot meet required setbacks shall require approval of a
Variance or Reasonable Use Exception. Mason County may decrease the setback on a
case by case basis with a Variance or Reasonable Use Exception after consultation with
the Washington State Department of Fish and Wildlife and the Skokomish Tribe,the
Quinault Tribe and/or the Squaxin Island Tribe, after review and approval of a Habitat
Management Plan, and after a public hearing.
Mitigation proposed in a Habitat Management Plan must be adequate to preserve or
enhance the functions and values of the critical area. This means that a finding must be
made that the net effect of the proposal is equal or better than applying the standard
buffers. If enhancement is part of the mitigation plan,then a greater level of
enhancement is required to offset the time lost while the enhancement matures.
(b) 'Common Line' on Residential Lots.
The following are special provisions for buffers and setbacks for single family residential
development on lots created prior to December 5, 1996, and which are located on
saltwater or on a freshwater lake twenty (20) acres or larger in size.
(i) Where existing residences are on both sides of and within one hundred fifty feet
of the lot line of the subject lot, and no more than two hundred feet from the
shoreline OHWM,the setback on the subject lot is determined by an imaginary
common line drawn across the subject lot that connects the shore-side roof lines
of the first adjacent existing residences (Figure 3 and 4 in Appendix B); or
If the shoreline has a high degree of curvature, the administrator may use the
average set back from OHWM of the two existing residences rather than the
imaginary line between the rooflines in order to establish the common line
setback(Figure 6 in Appendix B).
Resource Ordinance December 20, 2021 Page 97
(ii) Where an existing residence is on one side of and within one hundred fifty feet of
the lot line of the subject lot, and no more than two hundred feet from the
shoreline OHWM,the setback on the subject lot is determined by an imaginary
common line drawn from the shore-side roof line of the existing residence and
across the subject lot to a point which is the standard setback (shown in Table
8.52.170.C)from the OHWM along the far lot line of the subject lot(Figure 5 in
Appendix B); or
If the shoreline has a high degree of curvature,the administrator may use the
average of the set back from OHWM of the existing residence and the standard
setback, rather than the imaginary line between the roof line and the standard
setback, in order to establish the common line setback (Figure 6 in Appendix B).
(iii) The common line set back may be more or less than the standard setback(shown
in Table 8.52.170.C), provided that:
a. The minimum setback for structures shall not be less than 35 feet from the
OHWM, and the development envelope (including clearing and grading)
shall not encroach more than 15 feet waterward of the setback.
b. If the resulting common line setback is less than the standard setback
(shown in Table 8.52.170.C), a Common Line Mitigation Plan or a Habitat
Management plan shall demonstrate that mitigation will be provided to
offset the potential impacts (resulting from the proposed development
and use) to the buffer and resource.
A Common Line Mitigation Plan may be prepared by the property owner or
his/her designee and shall meet the requirements in Appendix B, or a
Habitat Management Plan shall be prepared by a qualified fish and wildlife
professional and meet the requirements in subpart J.
Best management practices such as those in Appendix C shall also be
implemented to limit impacts to the resource.
(iv) As used in this section, a "residence" refers to the principal dwelling/residential
structure and does not include outbuildings or other structures.
(4) Structures for which Setbacks Do Not Apply.
In addition to the exemptions in MCC 8.52.200, structures associated with the following uses
shall be allowed,within a setback without a Variance to the extent that they are conducted so
as to minimize any impact on the values and functions of the FWHCA and provided they are
consistent with the Shoreline Master Program,the Geologically Hazardous Areas chapter,the
Flood Damage Prevention Ordinance, and any other applicable policies and regulations.
A Habitat Management Plan (HMP) is required in most circumstances and is indicated by an
asterisk(*).
(a) Agricultural structures associated with existing commercial agricultural operations.
(New agricultural development activities are subject to setbacks and Habitat
Management Plans.)
(b) *Aquaculture, Marinas, and other Water Dependent Uses.
(c) *Bank Stabilization/Shoreline Stabilization. Bank stabilization on shorelines is allowed
in certain circumstances (see the Shoreline Master Program).
Resource Ordinance December 20, 2021 Page 98
A stream channel, stream bank, or non-shoreline lake may be stabilized when naturally
occurring earth movement threatens existing legal structures (structure is defined for
this purpose as those requiring a building permit pursuant to the International Building
Code), public improvements, unique natural resources, public health, safety or welfare,
or the only feasible access to property, and when such stabilization results in
maintenance of fish habitat, flood control and improved water quality.
Mason County may require that bank stabilization be designed by a professional
engineer licensed in the state of Washington with demonstrated expertise in hydraulic
actions of shorelines. For bank stabilization projects within FWHCAs, emphasis shall be
placed on bioengineering solutions (techniques used alone or in combination such as
beach nourishment, coarse beach fill, gravel berms, or vegetation rather than hard
surfaces such as concrete armoring) unless proved by the applicant to be infeasible.
Bank stabilization projects may also require a hydraulic project approval from the
Washington Department of Fish and Wildlife and will be determined after consultation
with WDFW.
(d) *Beach Access(stairs to the beach)and Boat Launches. Beach access and boat
launches on non-shoreline lakes shall meet the same dimensional requirements as
those required within shoreline jurisdiction (in the Shoreline Master Program).
(e) *Docks(piers, ramps, and floats), Unattached Floats, Boat Lifts, and Buoys. Docks and
unattached floats on non-shoreline lakes (less than 20 acres) shall meet the same
dimensional requirements as those required for shoreline docks (in the Shoreline
Master Program).
(f) Fences. Fences limited to three (3) feet in height provided they do not extend
waterward of the ordinary high water mark.
Fences to protect habitat and water quality may be taller than three feet tall, provided
they are designed and located to allow wildlife to safely move and access forage and
water, and provided the fence is recommended in an HMP or recommended by the
Mason Conservation District to protect the critical area.
(g) Forest Practice structures, provided they are in compliance with WAC 222.
(h) *Pedestrian stream crossings, provided they meet the standards in (D)(3)(f).
(i) *Retaining walls to protect an existing primary structure. Primary structure means the
structure (or the only access) associated with the principal use of the property that
cannot feasibly be relocated.
(j) Remodel, Repair, and Replacement.
(i) The remodel or repair of an existing legally established structure shall be
approved within its existing footprint, as long as the modification does not
increase any intrusion into the FWHCA or its buffer.
Note: Substantial improvements that are located within floodplains must meet
the standards detailed in the Mason County Flood Ordinance.
(i i) Reconstruction of legally established structures destroyed by fire or other means
shall be approved, provided that the planned reconstruction occurs within the
previous structural footprint and completed application is made within five years
of the destruction.
Resource Ordinance December 20, 2021 Page 99
(iii) To further reduce the impacts of existing development,the footprint of existing
legally established structures within the FWHCA or its buffer may be combined
into one footprint area equal to or lesser than the original area, provided that:
a. The combined footprint proposed shall be located in the site of legally
established residences and garages most distant from or less intrusive to
the FWHCA or buffer, and the other structures nearer to the FWHCA shall
be removed from the FWHCA or buffer; and
b. For the purpose of this section, footprint does not include uncovered
decks and patios.
C. A Common Line Mitigation Plan (CLMP) as outlined in Appendix B of this
Resource Ordinance shall be prepared and submitted to the County.
(iv) The following additional provisions only apply within the shoreline jurisdiction
(per 17.50 MCC):
a. Replacing a legally established structure within the footprint is considered
repair, provided:
I. A complete application is submitted within five (5)years of the date
of damage; and
II. If a non-conforming use is discontinued (ceases to operate, use, or
produce) for more than thirty-six 36 months, any subsequent use, if
allowed, shall comply with the Shoreline Master Program.
b. *The replacement of existing, legally established factory built homes, a
greater building footprint than existed prior to replacement may be
allowed in order to accommodate the replacement of a factory built home
that is less than 1,000 square feet with another factory built home that
does not have the same size and shape. A proposed increase less than
25%of the existing home's footprint shall not require a Variance. The
replacement home may be no closer to the shoreline than the existing
residence.
C. *The structural footprint may be moved within the subject parcel and may
change in shape provided:
I. The modification does not increase any intrusion into the FWHCA or
its buffer or setback and provided its conformity with property line
setback requirements (per the Development Regulations) is
increased to the maximum extent practicable;
II. Unless recommended otherwise by a fish and wildlife habitat
professional or by the author of a geotechnical report (per MCC
8.52.140), any remaining structural components (such as a
foundation) shall be removed from an abandoned footprint. (*The
Habitat Management Plan or Common Line Mitigation Plan when
allowed per 8.52.170(E)(4)(j)(iv)c.IV. shall include enhancement of
the abandoned footprint with riparian vegetation (upland of the
OHWM only) as well as mitigation for the new footprint; and
III. For overwater construction such as docks, a footprint may not be
moved to a location where there is documented submerged aquatic
vegetation and forage fish spawning areas.
Resource Ordinance December 20, 2021 Page 100
IV. Movement of the existing footprint landward will require a Common
Line Mitigation Plan to be prepared and submitted to the County, as
outlined in Appendix B of this Resource Ordinance.
d. Except for overwater structures, legally established residences may be
expanded by addition of space above the existing building footprint up to
authorized heights. Upward expansions shall minimize impacts to existing
views and FWHCA's to the greatest extent practical. For the purposes of
this subsection,footprint does not include covered decks on waterward
side of residence, uncovered decks, boat houses, sheds or other
appurtenances.
(k) *Stairs, Upland. The construction of upland stairs(landward of OHWM) provided it
does not exceed four(4) feet wide.
(1) *Transportation/roads may encroach into the setback, provided they meet the
standards in (D)(3)(h). Stream crossings for transportation shall comply with
(D)(3)(h)(ii).
(m) *Utilities. Placement or expansion of utilities pursuant to the following standards:
(i) Wells, water lines, septic systems, and sewer lines and associated pumps and lifts
are not permitted in FWHCA's but may be permitted within setbacks (without a
Variance) only when no practicable or reasonable alternative location is available
and it meets state and local health codes. When encroachment into the buffer
requires removal of native vegetation, an HMP shall be required.
(n) *Water Oriented Recreational Facilities. Structures associated with water oriented
recreation (including scientific/environmental education) such as boardwalks, kiosks,
benches, and viewing platforms. See (D)(3)for additional standards.
(F) Stewardship Options and Incentives.
The purpose of this subsection is to encourage property owners to protect critical areas and their
buffers and to reduce the burden on property owners from the application of the Resource
Ordinance regulations. The options given below may be used individually, or they may be combined
for greatest effect and benefit.
(1) Open Space Bonus. Any property owner, except on land designated as long-term commercial
forest lands, Agricultural Resource Lands or Mineral Resource Lands, may apply for a
performance subdivision as provided in Chapter 16.22, Mason County Code. Approval of such
a subdivision provides for a development density bonus-that is, it allows more lots for
development- in exchange for the protection of critical areas and meeting other design
requirements.
(2) Open Space Tax Assessment and Public Benefit Ratings System. Any property owner may
apply for current use property tax assessment for lands which are Fish and Wildlife Habitat
Conservation Areas or their buffers pursuant to RCW 84.34. The county is developing an open
space plan and system of evaluating the public benefit rating and an assessed valuation
schedule to provide incentives for property owners to conserve important open space lands.
(a) The land proposed for current use tax assessment shall be in a separate tract or a
conservation easement.
Resource Ordinance December 20, 2021 Page 101
(b) Any person who owns an identified critical area or its associated buffer may place a
conservation easement over that portion of the property. A conservation easement is
a legal agreement a property owner makes to restrict the type and amount of
development that may occur on a parcel. Each easement is tailored to the particular
property and to the interest of the individual owner. The property owner grants an
easement to an appropriate governmental agency or non-profit land trust. It provides
significant property and federal income tax benefits to the property owner. The
purpose of the easement shall be to preserve, protect, maintain, restore and limit
future use of the property affected. The terms of the conservation easement may
include prohibitions or restrictions on access and shall be approved by the property
owner and the county.
(3) Density Credit. On lands containing FWHCAs or their buffers, the county shall allow a transfer
of density for residential uses from the portion of the property containing the critical areas or
buffers to that portion of the property that does not contain critical areas or buffers-that is,
the property could be developed with the same number of lots it would have if critical areas
were not present- provided that such transfer does not create any adverse impacts to the
critical area that cannot be adequately mitigated and provided that all other development
regulations can be met.
(4) Tax Re-assessment. The owner of any property that has been affected by a permit decision
by the county may request an immediate re-assessment by the Mason County Assessor's
Office, as provided by RCW Chapter 84.
(5) Conservation Futures. If approved by a vote of the people of Mason County, Mason County
shall use conservation futures revenue to compensate affected property owners for the
impact of protecting fish and wildlife through the purchase of conservation easements on
impacted land or the impacted land.
(6) Education. The county encourages proper stewardship on land to provide benefits to fish and
wildlife. The county shall provide educational information to the public through its
sponsorship of the Washington State Cooperative Extension Service,the Mason Conservation
District, or through the provision of informational materials in its offices.
(7) Best Management Practices. Where not otherwise required, Mason County encourages the
use of best management practices that are part of site preparation, development
construction, and use activities after construction: erosion and sediment control measures;
maintain existing vegetation and minimize site clearing; use native plants in landscaping
rather than lawn areas; control runoff to small ponds and buffer vegetation; and minimize use
of fertilizers and chemicals in property maintenance (pest, weed, and moss control; sealants,
oils, and fuels).
(8) Enhancement. Mason County encourages property owners to enhance critical areas and
buffers which have been degraded by past land clearing and site modification activities or
replaced by noxious vegetation. The county has established a noxious weed board to assist
with this process. Critical area enhancement projects shall require staff review and needed
approvals. Mason County shall waive review fees for enhancement projects that meet either
of the below criteria:
(a) Sponsored Projects. Enhancement projects sponsored by Mason County,Washington
Department of Fish and Wildlife, Mason Conservation District, U.S. Natural Resources
Resource Ordinance December 20, 2021 Page 102
Conservation Service, U.S. Fish and Wildlife Service,Washington Department of Natural
Resources, or other public agency approved by the administrator which are consistent
with the Comprehensive Plan, Resource Ordinance, and other plans adopted by the
Board of County Commissioners.
(b) Vegetation Planting/Removal. Planting of native vegetation or removal of non-native
species for the enhancement of the critical area; provided, that such activities are
performed using hand tools and are limited to the area being enhanced; provided
further,that watering of newly planted vegetation is limited to the first three years.
Watering of newly planted vegetation on geologically hazardous areas shall require
approval of a geotechnical report, mitigation plan or restoration plan in accordance
with this chapter. Allowable hand tools include gas and electric-powered equipment
which is typically moved by hand, including equipment such as chain saws, hedge
trimmers, and lawn mowers.
(9) Voluntary Stewardship Program. The implementation of plans and practices that voluntarily
protect and enhance critical areas where agricultural activities are conducted. Refer to
Section 8.52.050(E).
(G) Habitats and Species of Local Importance—Listing and Delisting Important Habitats and Species.
(1) Locally significant species are those which are not state listed as threatened, endangered or
sensitive, but which live in Mason County, and the species is special importance to the citizens
of Mason County for cultural or historical reasons, or the county is a critically significant
portion of their range. Mason County is a critically significant portion of the range of a
species when any of the following conditions apply:
(a) The species would be extirpated from the state of Washington if it is extirpated from
Mason County; or
(b) The species' population would be divided into non-viable populations if it is extirpated
from Mason County, where the isolated populations are critical to the survival of the
species; or
(c) The species is listed as a state monitor or candidate species and Mason County is a
significant portion of the range of the species and significant reduction or extirpation of
the species from Mason County would result in changing the status of the species to
that of state endangered, threatened, or sensitive.
(2) Locally significant habitats are those habitats in which significant species live, or which is of
special importance to the citizens of Mason County because they have been determined to
contribute to the variety of habitats or diversity of species.
(3) Regulations prepared to protect locally important habitat and species shall consider and,
where possible, support the economic development of Mason County and the use of resource
lands and resources industry, enhance the affordability of housing, and otherwise promote
the achievement of other goals in the Mason County Comprehensive Plan.
(4) The process for listing or delisting an important habitat or species in Mason County shall be
an amendment to this section of the interim Resource Ordinance. This action may be
initiated by request of the State Department of Fish and Wildlife,the Skokomish Tribe, the
Quinault Tribe and/or the Squaxin Island Tribe, county staff, or interested citizens. Any such
request shall be in writing and shall include:
Resource Ordinance December 20, 2021 Page 103
(a) The common and scientific names of for species under consideration;
(b) Habitat location on a map (scale 1:24,000);
(c) The reasons for the request, including:
(i) Declining or increasing population,
(ii) Sensitivity to habitat manipulation;
(d) Habitat management recommendations, including potential uses and restrictions of the
habitat areas, seasonally sensitive areas, and other guidelines necessary for the
protection of the nominated species;
(e) Other supporting documentation, including an analysis which weighs the non-
environmental impacts of the proposal, addressing economics and land use, against the
benefits of the proposed listing.
(5) The written request and supporting data may be evaluated by a qualified wildlife biologist or
equivalent professional selected by the county.
(6) In addition to the above,the county shall consider the following factors when evaluating the
request:
(a) The specificity and scientific validity of the information about the nominated species
needs and behaviors;
(b) The sufficiency of habitat areas currently available to sustain the species overtime; and
(c) The versatility of the proposed habitat area to sustain species other than the one being
nominated for local species of importance designation.
(H) Application Review Process.
(1) Upon the receipt of an application for development,the Director shall determine whether the
requirements of this section apply. The Director may consult with affected Tribes or state
agencies in determining that the subject property is shown to be documented habitat for
federal or state listed endangered,threatened or sensitive species.
(2) Boundaries.
(a) The procedures for formal determination of regulated FWHCA boundaries are as
follows:
(i) The FWHCA boundary for streams shall be the ordinary high water mark
(OHWM).
(i i) The FWHCA boundary for marine shorelines and lakes greater than twenty(20)
acres shall be the OHWM.
(iii) The boundary of all other FWHCAs may be determined using published
databases, resource agency personnel, consultation with the Skokomish Tribe,
Quinault and/or the Squaxin Island Tribe, and/or by a qualified environmental
professional based upon site specific assessment and species presence.
(b) Formal boundary determination or stream typing is the responsibility of the county.
The county may make this determination based on a site visit or on existing natural
resource documentation or mapping, at a fee to the applicant. However,when
Resource Ordinance December 20, 2021 Page 104
sufficient natural resource information does not exist or is unclear,the Department
shall require a field delineation or stream typing be performed by a qualified
professional (biologist, hydrologist, soil scientist, and/or other expert as circumstances
warrant) at the applicant's expense.
(c) Where Mason County performs a formal determination at the request of the applicant
pursuant to subsection (b) above, it shall be considered a final determination unless
contested by the applicant or other affected party.
(d) Where the applicant has provided the information in support of a permit for a formal
determination by the county of the fish and wildlife habitat conservation area
boundary, Mason County shall verify the accuracy of, and may render adjustments to,
the boundary determination in compliance with the provisions of this chapter.
(3) In addition to any other requirements, permits shall only be granted if:
(a) The proposed activity avoids adverse impacts to regulated FWHCA, or takes affirmative
and appropriate measures to compensate for impacts. Mitigation sequencing should
follow the avoidance, minimization, and compensation analysis, in that order of
preference;
(b) When impacting the critical area or buffer cannot be avoided,the proposed activity
shall be consistent with an approved Habitat Management Plan, prepared by a qualified
Fish and Wildlife Professional at the applicant's expense; and
(c) A Mason Environmental Permit,Variance, or Reasonable Use Exception is approved as
required by this chapter for development activities proposed within FWHCA buffers
and/or setbacks. When a permit is required under this chapter, it is the applicant's
responsibility to provide all necessary and accurate data to the county for its review.
(4) The Administrator shall provide HMP's to the Washington State Department of Fish and
Wildlife,the Skokomish Tribe, the Quinault Tribe and/or the Squaxin Island Tribe and, if
required, the U.S. Fish and Wildlife Service so that they may respond in writing to Mason
County with review comments or a request for additional information within twenty-eight
days from the date of issuance of a draft habitat management plan. Mason County shall have
the authority to approve Habitat Management Plans or require additional information.
(5) A performance bond, or other security, shall be posted by the permittee prior to commencing
a FWHCA mitigation project. This requirement may be waived by the Director for small scale
projects if other measures are used to ensure that compliance is achieved. The security shall
be in an amount sufficient to cover the cost of conformance with the recommended
mitigation, maintenance, and monitoring measures detailed within the HMP.
Security monies shall be released under two options: 1)After the Director determines that
mitigation has been successfully completed in compliance with the approved HMP, all
performance standards have been achieved, and the monitoring period has expired,the bond
or other security shall be released, 2) after the Director determines that a portion of the
mitigation has been successfully completed in compliance with the approved HMP and the
appropriate performance standards have been achieved, as documented in an annual
mitigation monitoring report, a portion of the bond or other security shall be released. The
county may collect against the security and require the property owner to sign a property
access release form when work, which is not completed, is found to be in violation of the
conditions set forth in the HMP and/or the Director determines that the site is in violation of
the purposes of this section.
Resource Ordinance December 20, 2021 Page 105
(6) After the Habitat Management Plan has been approved by the county, it shall (with a Notice
of Habitat Management Plan) be recorded on the property Title. The Director may allow
portions of the HMP (such as the site plan and the mitigation language)to be recorded rather
than the entire HMP, when appropriate.
(7) FWHCA permits shall not be effective and no activity thereunder shall be allowed during the
time provided to file and process a permit appeal.
(1) Mitigation for Regulated Activities in Fish and Wildlife Habitat Conservation Areas and Buffers.
Permit applicants shall conduct compensatory mitigation for regulated activities that impact FWHCA
or their buffers and shall prepare a detailed HMP for all impacts. The HMP shall be prepared
according to standards in Section 8.52.170(J).The overall goal of any compensatory buffer
mitigation project shall be no-net-loss of FWHCA function and area.
(1) Permit applicants shall mitigate for FWHCA and buffer impacts at a minimum 1:1 replacement
ratio (meaning that for every square/linear foot of buffer encroachment or impact, the
applicant shall provide 1 square/linear foot of buffer replacement).
(2) The Director or his/her designee may allow off-site mitigation, provided priority shall be given
to in-kind, onsite mitigation. Selection of the appropriate location and type of mitigation
shall be based on the nature and degree of impacts to ecological functions,the functional lift
provided by the mitigation project, limiting functions within the watershed,the sustainability
of the mitigation project, and other relevant considerations applicable to the specific impact
and mitigation project. The permit applicant shall consider watershed conditions and best
available science to determine the type and location of mitigation.
(3) The Director or his/her designee may allow the use of certified public or private mitigation
banks and/or In-Lieu Fee (ILF) programs to mitigate for impacts when appropriate site
conditions are present; the applicable permitting agencies approve the use of alternative
mitigation; and a 'mitigation bank use plan' or'ILF program use plan' shall be submitted
rather than a HMP.
(J) Habitat Management Plan (HMP) Requirements.
Habitat Management Plans shall identify how impacts to FWHCAs and their buffers will follow the
'mitigation sequencing' detailed in the definition of'mitigation' in MCC 8.52.030. The following
describes the requirements of a HMP as discussed in this chapter:
(1) A HMP shall consider measures to preserve and protect the wildlife habitat and associated
buffer and shall consider effects of land use intensity,setbacks, impervious surfaces, erosion
control and retention of natural vegetation on the functions and values of the FWHCA and the
watershed as a whole. This report shall identify how the impacts from the proposed use or
activity will follow 'mitigation sequencing.' The rationale for site selection, using a watershed
approach, shall be provided when the applicant proposes to implement mitigation
themselves, regardless of whether the mitigation is onsite or offsite.
(2) The report shall be based on the most recent publication of the Management
Recommendations for Washington's Priority Habitats and Species, as now or hereafter
amended, and consultation with a habitat biologist from the Washington State Department of
Fish and Wildlife and with the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island
Tribe.
Resource Ordinance December 20, 2021 Page 106
(3) The HMP shall be prepared by a qualified fish and wildlife professional, or the HMP shall be
reviewed and approved for adequacy by a qualified fish and wildlife professional prior to
submittal to the county.
(4) For those projects requiring the preparation of a biological assessment (BA) or biological
evaluation (BE) as part of the application for a Corps of Engineers permit,the approved BA or
BE meets the requirements of a HMP.
(5) The HMP shall contain but not be limited to the following information:
(a) A map(s) prepared at an easily readable scale, showing:
(i) The location of the proposed site;
(ii) The relationship of the site to surrounding topographic and built features;
(b) A site plan at an easily readable scale on 11" by 17", 8%" by 14", or 8%" by 11"
showing the existing site conditions, structures, property lines, easements, and natural
features.
(c) A site plan at an easily readable scale on 11" by 17", 8%" by 14", or 8%" by 11"
showing the following:
(i) The area of the proposed development envelope (including landscaping,
driveway, structure, drain field, etc.);
(i i) Proposed structures;
(iii) Existing structures to remain;
(iv) FWHCA's and their associated OHWM's and/or buffers required by this chapter;
(v) Any other natural features including wetlands;
(vi) Proposed compensatory mitigation areas; and
(vii) A legend which includes:
a. A complete and accurate parcel number, legal description, and total
acreage of the parcel;
b. Title, scale, and north arrow; and
C. The authoring qualified biologist's printed name, signature, and date;
(d) A report which contains:
(i) A description of the nature, density and intensity of the proposed use or activity
in sufficient detail to allow analysis of such land use change upon identified
wildlife habitat;
(i i) An analysis, including area or linear feet of impact, of the effect of the proposed
use or activity upon fish and wildlife species and their habitats and associated
buffers listed in this chapter;
(iii) A plan which explains how the applicant will apply mitigation sequencing to
mitigate for adverse impacts to fish and/or wildlife habitats created by the
proposed use or activity. This explanation must address the management goals,
policies and recommendations presented in this chapter. While species and site
specific management practices will often be required, some general best
management practices have been developed in Appendix C and may be used in
Resource Ordinance December 20, 2021 Page 107
the plan. Mitigation measures within the plan may include, but are not limited
to:
a. Habitat enhancement areas,
b. Preservation of critically important plants and trees,
C. Limitation of access to buffer and habitat enhancement area,
d. Seasonal restriction of construction activities,
e. Clustering of development and preservation of open space,
f. Sign marking habitats or habitat buffer areas,
g. Conservation easements.
(iv) Review comments by a habitat biologist from the Washington State Department
of Fish and Wildlife (WDFW) and the Skokomish Tribe,the Quinault Tribe and/or
the Squaxin Island Tribe shall be included in the HMP when available. If the HMP
recommends mitigation involving federally listed threatened or endangered
species, migratory waterfowl or wetlands,the U.S. Fish and Wildlife Service shall
receive a copy of the draft HMP and their review comments shall be included in
the final report.
(v) A schedule for monitoring and maintenance of the mitigation. This shall specify
it is the property owner's responsibility to submit (to the Department)
monitoring reports on a periodic basis for a duration determined by the
Department to be appropriate. After physically inspecting the site, the
Department may require that these monitoring reports be prepared by a
qualified professional and shall use best available science to evaluate whether or
not the mitigation has achieved success. Performance standards may assess:
a. Vegetation (aerial cover, density, composition, percent of natives, etc.).
b. Water regime, if applicable.
C. Water quality and quantity, if applicable.
d. Wildlife use.
e. Development of habitat structure.
f. Condition of habitat features.
(vi) A dollar estimate for the projected costs to professionally install or perform the
mitigation and to perform the maintenance and monitoring. The property owner
will be required to post a bond for this amount (see subpart(1-1)(5)).
(K) Relief from the Requirements in this Section.
Specific relief from the requirements of this section may be obtained on a case-by-case basis by
applying for a variance (Section 8.52.220) or a reasonable use exception (Section 8.52.190).
(Ord. 138-06(part),2006: Ord. 128-04 Att.B(part),2004;Ord. 106-04 Att.B(part),2004;Ord. 53-04 Att.B(part),
2004;Ord. 32-04 Att.B(part),2004;Ord. 9-03 Att.B(part),2003;Ord. 17-02 Att.B,2002: Ord. 89-00 Art.A(part),
2000: Ord. 118-99 Art.B § 1, 1999). (Ord.No. 54-09,6-16-2009)
Resource Ordinance December 20, 2021 Page 108
8.52.190 Development Review Process
(A) Administration.
There is established an administrative system designed to assign responsibilities for implementation
of the Resource Ordinance, and to prescribe an orderly process by which to review proposals and
permit applications, and to ensure that all persons affected by this chapter are treated in a fair and
equitable manner.
(B) Administrator.
(1) The Director of the County's Community Services Department, is vested with:
(a) Overall administrative responsibility for this interim Resource Ordinance;
(b) Authority to grant statements of exemption from the interim Resource Ordinance; and
(c) Authority to determine compliance with RCW 43.21C, State Environmental Policy Act.
(2) The duties and responsibilities of the Director shall include:
(a) Establishing the procedures and preparing forms deemed essential for the
administration of the chapter;
(b) Advising interested citizens and applicants of the policies, regulations, and procedures
of this chapter;
(c) Making administrative decisions and interpretations and policies of this chapter and the
Growth Management Act;
(d) Collecting fees;
(e) Determining that all applications and necessary data is completed;
(f) Grant or deny permits after considering all relevant information;
(g) Making field inspections, as necessary;
(h) Reviewing, insofar as possible, all provided and related data deemed necessary for
appropriate application needs;
(i) Determining if a permit, conditional use or variance is required;
(j) Submitting variance applications and conditional use permit applications and making
written recommendations and findings on such permits to the hearing examiner. The
Director shall assure that all relevant information and testimony regarding the
application is made available to the hearing examiner during their review.
(k) Assuring that proper notice is given to the appropriate persons and the public of all
hearings;
(1) Informing the citizens of the county of the purposes, goals, policies, and regulations of
this chapter and any changes or amendments thereto;
(m) Investigate, develop, and propose amendments to this chapter as deemed necessary to
more effectively and equitably achieve its goals and policies.
Resource Ordinance December 20, 2021 Page 109
(C) Environmental Permit.
(1) Applicability. All developments and uses that are permit required or conditionally permitted
under the terms of this chapter within designated resource lands and critical areas shall be
subject to review and approval by the county through the permit process described by this
section. However, proposals within the jurisdiction of the Shoreline Master Program shall
require a shoreline permit(exemption, substantial development, or variance) instead of an
Environmental Permit.
(2) Approval Authority.
(a) Administrative Review. All development listed as "permit required" in this chapter shall
be processed through administrative review procedures. Decisions of the Director shall
be appealable to the hearing examiner pursuant to terms of Title 15 Development Code
Section 15.11.010 Appeals of administrative decisions.
(b) Public Review. All development listed as "conditional" in this chapter shall be
processed through administrative review procedures; provided that public review
procedures shall be followed under the following conditions:
(i) Any person, who would qualify as an aggrieved person if an appeal was being
requested, requests to the Director in writing within ten calendar days following
posting of the public notice, pursuant to subsection (j) of this section,that a
public review procedure be conducted; or
(ii) The Director determines, based on the nature and complexity of the project, that
the public review procedure should be conducted.
When public review procedures are followed, the final approval authority shall be the
hearing examiner.
(c) Shoreline Master Program Review. When a use, development or other activity that is
subject to review under this chapter is also subject to review under the county
Shoreline Master Program,the proposed use, development or activity shall be
processed concurrently with provisions of the Shoreline Master Program.
Administrative decisions under terms of this chapter should generally, but are not
required to, precede a public hearing before the hearing examiner.
(3) Permit Name.
(a) A permit required under one or more of the permit required use categories of this
chapter shall be known as a Mason environmental permit (MEP).
(b) A permit required under one or more of the conditional use categories of this chapter
shall be known as a Mason conditional environmental permit (MCEP).
(c) If a use is listed as a permit required use for one or more critical areas or resource
lands, and a conditional use for one or more of the critical areas or resource lands, it
shall be considered a conditional use and require a Mason conditional environmental
permit (MCEP) for county approval. If a site is subject to permitting authority under
more than one designated critical area or resource land, all such permits shall be
processed concurrently.
(4) Pre-Application Consultations. Any person intending to apply for a permit under terms of this
chapter is strongly encouraged, but not required,to meet with the county at the earliest
Resource Ordinance December 20, 2021 Page 110
possible stage of project planning in order to discuss potential impacts of this chapter on the
development proposal. Applicant will be encouraged to fill out a checklist to determine the
need for particular permits in critical areas. Efforts put into pre-application consultations and
planning will help applicants create projects which will be more quickly and easily processed.
The county shall not charge a fee for pre-application consultations.
(5) Permit Application Form.
(a) The Director shall establish, upon consultation with the County Engineer, Health
Official, Fire Marshal, and Building Official, a single Mason Environmental Permit (MEP)
and Mason Conditional Environmental Permit(MCEP)form, to be used for all
development proposals subject to review under authority of this chapter. Such form
shall include requests for applicants to provide such information as to facilitate
compliance with the terms of this chapter.
(b) In addition, all application forms for building permits, sanitary waste permits,shoreline
permits,floodplain permits, and subdivision approvals including boundary line
adjustments, short subdivisions and large lot segregations shall include adequate
references to identify those properties subject to resource land and critical area
regulations that enables the county to determine whether a Mason environmental
permit (MEP) or Mason conditional environmental permit(MCEP) is also necessary.
(6) Administrative Determination of Applicability. Any person seeking to determine whether a
proposed activity or an area is subject to this chapter may request in writing, at a fee set by
the board, a formal "determination of applicability" from the Director. Such a request for
determination shall contain plans, data, and other information as may be specified by the
Director.
(7) Permit Fees. Fees for a Mason Environmental Permit (MEP), Mason Conditional
Environmental Permit (MCEP), and other special studies review shall be set by resolution of
the board.
(D) SEPA Compliance.
An application for a permit shall not be considered complete until it has complied with all
procedural requirements of RCW Chapter 43.21c,the State Environmental Policy Act (SEPA),
administrative regulations adopted to implement SEPA and the county Environmental Policy
Ordinance, 99-84, or as hereafter amended.
(E) Olympic Region Clean Air Agency Compliance.
All Mason Environmental Permit(MEP) and Mason Conditional Environmental Permit(MCEP)
applications shall be forwarded for review to the Olympic Region Clean Air Agency (ORCAA) unless
the Director makes written findings that the proposed development is unlikely to result in any direct
or indirect impacts on air quality. Development shall be consistent with all applicable ORCAA
standards.
(F) Special Studies and Plans.
(1) Developments lying within one or more designated critical areas may be required by the
Director to submit a special study or plan that assures the proposed development does not
degrade the functions and values of those critical areas. Those studies include:
Resource Ordinance December 20, 2021 Page 111
(a) Wetland delineation and/or categorization report under Section 8.52.110
(b) Wetland mitigation plan under Sections 8.52.110;
(c) Aquifer recharge area report under Section 8.52.120;
(d) Geotechnical report or geological assessment under Section 8.52.140
(e) Habitat management plan under Section 8.52.170
(2) Requirements for special plans can be found in each critical area section.
(3) An application for a Mason Environmental Permit (MEP) or Mason Conditional Environmental
Permit (MCEP) shall not be considered complete until it includes all special studies or plans
required by this chapter.
(G) Acceptance of Applications.
(1) The original complete Mason Environmental Permit (MEP) or Mason Conditional
Environmental Permit (MCEP) application shall be submitted to the Community Services
Department. Copies of the accepted application shall be forwarded to the appropriate
agencies for review.
(2) Upon acceptance of an application, notice of application shall be posted by the applicant on
the property or principal entry point to the property from the nearest public right-of-way
upon which the proposed development is located using a form provided by the county, on a
waterproof sign. The sign shall be maintained until action is taken on the application, when it
shall be promptly removed. The sign shall be located so that it is visible from the abutting
road. When more than one road abuts the property,then the sign shall be visible from the
road having the greatest traffic volume. Signs shall be of a size determined by the Planning
Division of the Community Services Department.
(H) Review by Agencies.
For all applications,within twenty-one calendar days of acceptance of a complete application:
(1) The Planning Division Manager shall notify the Director of Community Services that the
proposal does or does not conform to the goals and policies of RCW 36.70A,the standards of
this chapter, and report on such other matters as may properly be their responsibility;
(2) The Public Works Director shall notify the Director of Community Services that the proposed
roads, utilities, drainage facilities and other improvements can or cannot conform to county
development standards and state law under the Public Works Director's authority;
(3) The Public Works Director shall also, in such manner deemed appropriate, establish the
adequacy of legal descriptions of the subject property;
(4) The Environmental Health Division Manager shall notify the Director of Community Services
that the proposed method of waste disposal and proposed system of water supply can or
cannot conform to adopted development standards, including the county Health code and
state law under the Health Director's authority;
Resource Ordinance December 20, 2021 Page 112
(5) The county Fire Marshal shall notify the Director of Community Services that the
development can or cannot conform to adopted fire safety standards, including the Uniform
Fire Code and state law under the fire marshal's authority.
(6) The County Building Official shall notify the Director of Community Services that the
development can or cannot conform to adopted building safety standards, including the
Uniform Building Code and state law under the building official's authority.
In addition to the above agencies,the Planning Division Manager of Community Services shall
provide, on a timely basis, a copy of the development proposal to all agencies of jurisdiction and
affected tribes, as required by RCW Chapter 43.21c,the State Environmental Policy Act (SEPA); and
incorporate any comments received into the County decision making process.
(1) Administrative Review.
(1) Review of permits shall follow the provisions of Title 15 Development Code Section 15.09 for
Type II decision review.
(2) Director's Findings.
(a) The Director shall make findings based upon the review and recommendations of
County departments, other agencies, affected tribes, and any public comments
received. Such findings and conclusions shall also set forth the manner by which the
decision would carry out and conform to the goals of RCW 36.70A, other adopted
County policies, objectives and regulations and this chapter.
(b) A decision on the application may be to grant, deny, or grant with such conditions,
modifications and restrictions as the Director finds necessary to ensure that the
proposed development is compatible with the natural environment, and is in
compliance with the goals of RCW 36.70A,the Shoreline Master Program, State
Environmental Policy Act,the standards of this chapter, and other County codes and
ordinances found applicable. Examples of the kinds of conditions, modifications and
restrictions which may be imposed include, but are not limited to, additional setbacks,
screenings in the form of fencing or landscaping, storm drainage facilities, restrictive
covenants, easements, dedications of additional rights-of-way, performance bonds and
measures to mitigate identified adverse environmental and socio-economic impacts
associated with the proposed action.
(J) Public Review.
If a determination is made that a public review is necessary, pursuant to subsection (C)(2)(b) of this
section, then the provisions of Title 15 Development Code Section 15.09 for Type III decision review
shall be followed.
(K) Reasonable Use Exception.
(1) If the application of this chapter would deny all reasonable use of a site, development may be
allowed which is consistent with the general purposes of this chapter and the public interest.
(2) Nothing in this chapter is intended to preclude all reasonable use of property. An applicant
for a development proposal may file a request for a reasonable use exception which shall be
considered by the hearing examiner at a public hearing.
Resource Ordinance December 20, 2021 Page 113
(a) A description of the areas of the site which are critical and/or resource lands or within
setbacks required under this chapter;
(b) A description of the amount of the site which is within setbacks required by other
County standards;
(c) A description of the proposed development, including a site plan;
(d) An analysis of the impact that the amount of development would have on the resource
lands or critical areas;
(e) An analysis of whether any other reasonable use with less impact on the resource lands
or critical areas is possible;
(f) A design of the proposal so that the amount of development proposed as reasonable
use will have the least impact practicable on the resource lands and/or critical areas;
(g) Other information as the Administrator determines is reasonably necessary to evaluate
the issue of reasonable use as it relates to the proposed development.
(3) The hearing examiner may approve the reasonable use exception, if the hearing examiner
determines the following criteria are met:
(a) There is no other reasonable use or feasible alternative to the proposed development
with less impact on the resource lands or critical areas; and
(b) The proposed development does not pose a threat to the public Health, safety or
welfare on or off the site; and
(c) Any alteration of the resource lands and/or critical areas shall be the minimum
necessary to allow for reasonable use of the property; and
(d) The inability of the applicant to derive reasonable use of the property is not the result
of actions by the applicant in subdividing the property or adjusting a boundary line
thereby creating the undevelopable condition after the effective date of the chapter;
and
(e) The proposal mitigates the impact on the resource lands and/or critical areas to the
maximum extent possible, while still allowing reasonable use of the site.
(4) Except when application from this chapter would deny all reasonable use of a site, an
applicant who seeks an exception from the regulations of the chapter shall pursue a variance
as provided in Title 15 Development Code Section 15.09.057
(Ord. 50-04 Attach.B(part),2004;Ord. 118-99,Attachment B § 3, 1999;Ord. 36A-97(part), 1997;Ord. 77-93(part),
1993).
8.52.200 General Exemptions
The following activities shall be exempt from the provisions of this ordinance:
(1) All policies, regulations, and procedures of this ordinance are null and void and have no effect on
those activities and uses conducted pursuant to the Washington State Forest Practices Act and its
Resource Ordinance December 20, 2021 Page 114
rules and regulations, WAC 222-12-030, where state law specifically exempts local authority,
except those developments requiring local approval for Class 4-General Forest Practice Permits
(conversions) as defined in RCW 76.09 and WAC 222-12.
(2) Normal and routine maintenance and operation of existing irrigation and drainage actions, farm
ponds, fish ponds, manure lagoons, and livestock water ponds, provided that such activities do not
involve conversion of any wetland not being used for such activity to another land use.
(3) Normal and routine maintenance or repair of existing utility structures or rights-of-way.
(4) Passive recreational uses, sport fishing or hunting, scientific or educational review, or similar
minimal impact, non-development activities.
(5) Site investigative work required by a county, state, or federal agency, or any other applicant
preparing a land use application submittal such as surveys, soil logs, percolation tests, and other
related activities, provided that impacts on environmentally critical areas are minimized, and
disturbed areas are restored to the preexisting level of function and value within one (1)year after
tests are concluded.
(6) Maintenance, operation, reconstruction of, or addition to, existing roads, streets, and driveways,
provided that reconstruction of, or addition to, any such facilities does not extend outside the
previously disturbed area.
For activities outside of the right of way or previously disturbed areas and following the discussion
of the proposed work with the Director or designee, maintenance of public roads conducted using
the best management practices contained in the "Regional Road Maintenance ESA Program
Guidelines" or similar programmatic guidelines endorsed by the U.S. Fish and Wildlife Service and
NOAA Fisheries.
(7) Any project currently under review by local, state or federal agencies prior to the official effective
date of the Mason County Resource Ordinance (as amended or adopted) are exempt from this
ordinance and will be grandfathered under previous Resource protection measures; except for
projects which are affected by the invalidity finding of the Western Washington Growth
Management Hearings Board dated September 6, 1996, and subsequent dates.
(8) Installation, construction, replacement, operation or alteration of all electric facilities, lines,
equipment or appurtenances; water and sewer lines; and all natural gas, cable communications
and telephone facilities, lines, pipes, mains, equipment or appurtenances within the previously
improved area of public road right-of-way or authorized private road; but not including the
construction of substations.
(9) Construction and operation (including normal repair and maintenance) of fish hatcheries.
(10) Agricultural activities, as defined in MCC Section 8.52.030, with the exception of those activities
conducted in geologically hazardous areas, seismic hazard areas, and frequently flooded
areas. Refer to Section 8.52.050(E). Exemption from this Chapter shall not be deemed to grant
exemption from any other provisions of the Mason County Code including MCC Chapter 14.04
(State Building Codes), MCC Title 17 (Zoning and Shoreline Master Program), and all applicable
state and federal laws including the Federal Clean Water Act,the Washington Water Pollution
Control Act,the U.S. Endangered Species Act, and the Washington State Environmental Policy Act.
Resource Ordinance December 20, 2021 Page 115
8.52.210 Non-Conforming Uses
(A) Purpose.
This section establishes the terms and conditions for continuing nonconforming uses, structures and
lots which were legally established prior to the effective date of this chapter.
(B) Standards.
(1) A legally established nonconforming lot, use or structure shall be deemed a legal
nonconforming lot, use or structure and may be continued,transferred or conveyed and/or
used as if conforming.
(2) A reduction in the setback and/or buffer requirements may be considered for a
nonconforming lot when accompanied with a Mason Environmental Permit and Habitat
Management Plan. A reduction of setback shall be approved only if:
(a) The reduction of setback and/or buffer is necessary in order to achieve reasonable use
of the land, and that it is the minimum reduction of setback and/or buffer which
accomplishes this purpose; and
(b) The proposed reduction of setback and/or buffer is compatible with the character of
surrounding permitted uses, and shall not adversely affect efficient and safe traffic
circulation; and The burden of establishing the above-listed criteria for setback and/or buffer
reductions is upon the applicant.
(3) The burden of establishing that any nonconforming lot, use or structure legally existed as of
the effective date of this chapter shall, in all cases, rest with the owner and not with the
county.
(4) MCC 8.52.210 does not apply in shoreline jurisdiction, see MCC 17.50.120.
(C) Use of Nonconforming Lot.
Any permitted use authorized by this chapter in one or more designated areas shall be permitted on
a legal nonconforming lot provided that it complies with all sections of this chapter other than tract
or parcel size or conditions imposed pursuant to subsection (D) of this section and other pertinent
chapters of this code and state law.
(1) Adjustment of boundary lines to make legally established nonconforming lots more nearly
conforming is encouraged and may be made pursuant to Title 16 of this code.
(2) A conforming use or structure located on a legally established nonconforming lot may be
expanded, enlarged or extended as if it were on a conforming lot.
(D) Maintenance and Repair of Nonconforming Structure.
Normal maintenance and incidental repair of legal nonconforming structures shall be permitted,
provided that it complies with all sections of this chapter and other pertinent chapters of the code.
Resource Ordinance December 20, 2021 Page 116
(E) Reconstruction.
Reconstruction, restoration or repair of a legal nonconforming structure damaged by fire,flood,
earthquake or other disaster shall be permitted; provided that such reconstruction shall not result in
an expansion of the nonconforming structure.
(F) Expansion of Nonconforming Use or Structure.
No legal nonconforming use or structure may be expanded, enlarged, or extended in any way
(including extension of hours of operation), unless such modification is in full compliance with this
chapter or the terms and conditions of approved permits pursuant to this chapter.
(G) Discontinuance of Nonconforming Use.
All legal nonconforming uses shall be encouraged to convert to a conforming use whenever possible
and conformance shall be required when:
(1) The use is changed;
(2) The structure(s)within which the use is conducted is moved; or
(3) The use is terminated or discontinued for more than five (5)years.
(Ord.77-93 (part), 1993).
8.5 2.2 2 0 Variances from Standards
(A) Purpose.
The purpose of this section is to allow the county to consider requests to vary or adapt certain
numerical standards of this chapter where the strict application of said standards would deprive
property owners of reasonable use of their property.
(B) Applicability.
The provisions of this section shall apply to:
(1) Setback requirements within designated critical areas and resource lands; except wetland
related setbacks.
(2) Buffer/vegetation area requirements associated with designated critical areas; except
wetland related vegetation areas.
(3) Tract or parcel size requirements of Sections 8.52.060, 8.52.070 and 8.52.090; except that
when the following conditions are met, creation of nonconforming lots under the terms of
this chapter are allowed outright; provided that all Mason County Code Title 16 (Subdivisions)
requirements are followed:
(a) The parcel to be divided was legally established prior to the effective date of this
chapter;
Resource Ordinance December 20, 2021 Page 117
(b) The parcel contains two dwelling units which were constructed prior to the effective
date of this chapter;
(c) No more than two lots are proposed to be created;
(d) No lot proposed to be created shall be less than one acre (0.405 hectares) in size; and
(e) Use of the lots to be created shall comply with all terms and conditions of this chapter,
other than lot size, and shall comply with other pertinent requirements of this code.
A variance from standards may be appropriate where a lot is exceptionally narrow or shallow or
contains unusual topographic conditions, but only when strict application would result in hardship
on the owner of such property.
(C) Application Requirements.
Application requirements shall be the same as for a Mason Environmental Permit in Section
8.52.190, as well as the following:
(1) A description of the specific modification from the terms of the chapter required; and
(2) A description of the reasons for the variance.
(D) Review Process.
The review process for variances from standards shall be the public review process set forth in
Chapter 15.09 of this code for Type III decision review.
(E) Review Standards.
See Mason County Code 15.09.057 for the review criteria.
In addition to the review criteria in Mason County Code 15.09.057,the reasonable use for a
residence in a residentially zoned area shall be defined by a maximum of three thousand square
feet.
(1) Included in the total allowed area is the area of the residence and the area of any accessory
structure as seen in a bird's eye view of the site looking directly down.
(2) This provision does not allow wetlands or Fish and Wildlife Habitat Conservation Areas or
their buffers to be converted to lawn or residential landscaping.
(Ord. 138-06(part),2006: Ord. 32-04 Attach.B(part),2004;Ord. 77-93 (part), 1993).
8.5 2.2 3 0 Temporary Uses
The Director shall authorize by administrative decision temporary uses pursuant to the terms and
conditions of this section.
Resource Ordinance December 20, 2021 Page 118
(A) Purpose.
This section provides a process for authorizing certain uses or activities of a non-permanent nature
for a limited duration.
(B) Application Requirements.
The application shall contain those requirements the Director deems appropriate based on the
duration of the use and its potential for environmental impact.
(C) Review Process.
The review process for a "Certificate of Temporary Use" shall be subject to administrative review
consistent with Section 8.52.190; provided that the Director may waive any or all of this review
process for uses that do not pose a potential for environmental impact.
(D) Development Standards.
Temporary uses shall be consistent with all standards set forth in this Chapter. For any temporary
use the County shall impose such other reasonable conditions as may be found necessary to ensure
that the activity or use is not incompatible with surrounding conforming uses and will not result in a
potential environmental impact.
(E) Time Limit.
Certificates of Temporary Use shall expire according to the terms set forth in the approval.
8.52.240 Emergency Actions
(A) Emergency Permit.
Notwithstanding other provisions of this Chapter or any other laws to the contrary, the Director may
issue an Emergency Permit if:
(1) The Director determines that an unacceptable threat to life or severe loss of property will
occur if an emergency permit is not granted; and
(2) The anticipated threat or loss may occur before a permit can be issued or modified under the
procedures otherwise required by this Chapter and other applicable laws.
Any such permit granted shall incorporate,to the greatest extent practicable and feasible but not
inconsistent with the emergency situation,the standards and criteria required for non-emergency
activities under this Chapter and shall:
(1) Be limited in duration to the time required to complete the authorized emergency activity,
not to exceed calendar 90 days; and
(2) Require, within this 90 day period,the restoration of any critical area altered as a result of the
emergency activity, except that if more than the 90 days from the issuance of the emergency
Resource Ordinance December 20, 2021 Page 119
permit is required to complete restoration,the emergency permit may be extended to
complete this restoration.
Issuance of an emergency permit by the Director does not preclude the necessity to obtain
necessary approvals from appropriate federal and state authorities.
Notice of the issuance of the emergency permit and request for public comments shall be published
at least once a week on the same day of the week for two consecutive weeks in the Official Mason
County Newspaper of Record no later than 10 calendar days after issuance of the emergency
permit.
The emergency permit may be terminated at any time without process upon a determination by the
Director that the action was not or is no longer necessary to protect human health or the
environment.
(B) Enforcement.
The County shall have authority to enforce this Section consistent with all provisions of Section
8.52.270.
8.52.250 Appeals
(A) Administrative Interpretations.
(1) Administrative decisions of the Director of Community Services shall be final and conclusive,
unless a written statement of appeal is filed using the appeal procedures contained in Mason
County Development Code Chapter 15.11, Appeals. Said statement shall set forth any alleged
errors and/or the basis for appeal and shall be accompanied by a fee in an amount as set by
resolution of the board; provided,that such appeal fee shall not be charged to a department
of the county or to other than the first appellant.
(2) The timely filing of an appeal shall stay the effective date of the decision until such time as
the appeal is heard and decided or is withdrawn. The burden of proof regarding modification
or reversal shall rest with the appellant.
(B) Designations.
(1) Within fifteen calendar days following application for a land development permit pursuant to
this chapter,the Director of Community Services shall make a determination as to whether a
designated resource land or critical area is affected by said proposed development. Such
designation shall be final and conclusive unless a written statement of appeal is filed using the
appeal procedures contained in Development Code Chapter 15.11, Appeals. Said statement
shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a
fee as approved by resolution of the board; provided,that such appeal fee shall not be
charged to a department of the county or to other than the first appellant.
(2) Appeals of designations shall be processed using the appeal procedures contained in
Development Code Chapter 15.11,Appeals.
Resource Ordinance December 20, 2021 Page 120
(Ord. 138-06(part),2006: Ord. 77-93 (part), 1993).
8.52.260 judicial Review
The action of the Hearing Examiner shall be final and conclusive unless an appeal is filed pursuant Title 15
Development Code Chapter 15.11.
8.52.270 Enforcement
The Director is charged with enforcement of the provisions of this chapter. Outside of shoreline
jurisdiction,the enforcement procedures are set forth in Title 15 Development Code Chapter 15.13
Enforcement. The enforcement procedures that apply within the shoreline jurisdiction are set forth in
Title 17.50.
(Ord. 32-04 Attach. B (part), 2004: Ord. 36A-97 (part), 1997; Ord. 77-93 (part), 1993).
8.52.275 Restoration/Reparation
When a critical area or buffer has been impacted (by clearing, construction, or other activity) in violation
of this chapter,the area shall be restored and maintained, per a Restoration Plan approved by the
Director, and no permit or approval or development of the property shall be authorized or granted for a
period of up to three years from completion of restoration as determined by the Director. In the event of
intentional or knowing violation of this chapter,the county may bring an action against the owner of the
land or the operator who committed the violation.
(A) Restoration Plan.
(1) The applicant shall submit a restoration plan prepared by a qualified biologist, plant ecologist,
geologist or similarly qualified professional, as appropriate,which shall include as a minimum
the following:
(a) Property owner name(s) and mailing address, parcel number(s), site address.
(b) Site plan 1, drawn to scale,showing north arrow and parcel lines, and depicting site
characteristics prior to disturbance; the extent of disturbance, or permitted action
requiring mitigation, including an inventory of all vegetation cleared shall be shown;
(c) Site plan 2, drawn to scale,showing north arrow and parcel lines, and depicting the
specific location of all proposed restoration measures.Those measures shall include:
Resource Ordinance December 20, 2021 Page 121
(i) Measures necessary to restore the critical areas or their buffers/vegetation area,
including removal of fill, regrading to original contours, if necessary, replacement
of excavated material, revegetation of all cleared areas with native trees and/or
plants and removal of structures, or
(ii) Location of the proposed mitigation actions and ownership;
(d) A schedule for restoration;
(e) An annual monitoring plan to evaluate the success of the restoration and provide for
amendments to the plan which may become necessary to achieve its purpose; and
(f) A bond or security estimate for the entire mitigation/restoration, maintenance, and
monitoring activities.
(2) The restoration plan shall meet or exceed all applicable minimum requirements for mitigation
outlined within the applicable chapter or chapters. For example, restoring a stream buffer
(FWHCA) shall require a restoration plan that meets all applicable requirements for a Habitat
Management Plan. Where this subsection 8.52.275 and the applicable critical area chapter(s)
differ, the most restrictive provisions apply.
(3) In preparing and approving the restoration plan, the applicant and the county, respectively,
should consult with the Washington State Department of Fish and Wildlife, Department of
Natural Resources, and the Department of Ecology as appropriate.
(4) The restoration plan shall be prepared at the applicant's cost and shall be approved by the
Director.The Director may approve, reject or approve the plan with conditions. All
restoration shall be consistent with the approved restoration plan.
(B) Monitoring.
In any designated critical area where restoration has been required,the applicant, at its own cost,
shall provide for monitoring of the site by a qualified biologist or other qualified professional,for a
period of three years after completion.The applicant shall submit an annual report to the Director
which discusses:
(1) the condition of introduced or reintroduced plant species;
(2) the condition of open water areas or other water features;
(3) use of the site by fish and wildlife species;
(4) any disturbances or alterations and their effects on the restoration;
(5) additional or corrective measures which should be taken to ensure the success of the
restoration; and
(6) other information which the Director considers necessary to assess the status of the
restoration.
(C) Restoration Bond.
Prior to commencing restoration of a critical area or buffer, the applicant shall post with the
Director a bond or other security in an amount sufficient to cover the cost of conformance with the
conditions of the restoration plan, including corrective work necessary to provide adequate
drainage, stabilize and restore disturbed areas, remove sources of hazard associated with work
Resource Ordinance December 20, 2021 Page 122
which is not completed, as well as to provide for maintenance and monitoring. After the Director
determines that restoration has been completed in compliance with approved plans and the
monitoring period has expired,the bond or other security shall be released. The county may collect
against the bond when work which is not completed is found to be in violation of the conditions set
forth in the restoration plan and/or the Director determines that the site is in violation of the
purposes of this chapter.
(Ord. 32-04 Attach. B (part),2004).
8.52.280 Severability
If any provision of this Chapter or its application to any person or circumstances is held invalid,the
remainder of this Chapter and the application of such provision to other persons or circumstances shall
not be affected.
8.52.290 Evaluation
This chapter shall be formally evaluated on an annual basis by the county for its effectiveness and
administrative efficiency. By September 1, 1994 and annually thereafter the Director shall report to the
board in writing an evaluation of this chapter which shall include:
(A) A summary of all Mason Environmental and Conditional Environmental Permits issued in the
preceding year by type of critical area/resource land and geographic location in the county;
(B) A list of written administrative interpretations of the chapter, including determinations of
applicability pursuant to Section 8.52.190(A)(B);
(C) A list of all applications for variation from standards pursuant to Section 8.52.210;
(D) A list of all applications for variation from standards pursuant to Section 8.52.220;
(E) A list of all administrative appeals pursuant to Section 8.52.250; and
(F) Recommendations on any changes to this chapter to accomplish, in the Director's opinion, any of
the following:
(1) Clarification of ambiguities,
(2) Correction of errors,
(3) Reduction in regulations placed on property owners that are not necessary and effective in
conservation of resource lands and protection of critical areas,
(4) Streamlining development review procedures to reduce the administrative burden on the
county and/or the applicant.
(Ord.77-93 (part), 1993).
Resource Ordinance December 20, 2021 Page 123
Attached:
APPENDIX A: RATIONALE FOR THE WETLAND CATEGORIES
APPENDIX B: MITIGATION MANUAL FOR COMMON LINE SETBACKS
APPENDIX C: BEST MANAGEMENT PRACTICES FOR HABITAT MANAGEMENT
PLANS
Resource Ordinance December 20, 2021 Page 124
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Mason County's
DEVELOPMENT CODE - TITLE 15 MCC
Contents
15.01 INTRODUCTION...............................................................................................................................3
15.01.010 INTENT..........................................................................................................................3
15.01.020 DEFINITIONS.................................................................................................................3
15.03 ADMINISTRATION...........................................................................................................................4
15.03.005 PURPOSE AND APPLICABILITY....................................................................................4
15.03.010 ROLES AND RESPONSIBILITIES....................................................................................5
15.03.015 APPLICATION TYPES AND CLASSIFICATION...............................................................5
15.03.020 ADMINISTRATIVE DIRECTION.....................................................................................6
15.03.030 BOARD OF COUNTY COMMISSIONERS.........................................................................6
15.03.040 PLANNING ADVISORY COMMISSION............................................................................7
15.03.050 HEARING EXAMINER....................................................................................................7
15.03.060 PROCESS TO REMOVE UTILITY AND DRAINAGE EASEMENTS....................................7
15.05 CONSOLIDATED APPLICATION PROCESS.......................................................................................8
15.05.010 APPLICATION................................................................................................................8
15.05.020 PRE-APPLICATION ACTIVITIES....................................................................................8
15.05.030 CONTENT OF APPLICATIONS .......................................................................................9
15.05.040 LETTER OF COMPLETENESS OF APPLICATION...........................................................9
15.05.050 VESTING OF APPLICATIONS.......................................................................................10
15.07 PUBLIC NOTICE REQUIREMENTS.................................................................................................10
15.07.010 NOTICE OF DEVELOPMENT APPLICATION................................................................10
15.07.020 NOTICE OF ADMINISTRATIVE DECISIONS.................................................................11
15.07.030 NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARINGS...........................................11
15.07.040 NOTICE OF FINAL DECISION.......................................................................................12
15.09 REVIEW AND APPROVAL PROCESS ..............................................................................................12
15.09.010 CONSOLIDATED PERMIT REVIEW..............................................................................12
15.09.020 ENVIRONMENTAL REVIEW........................................................................................13
15.09.030 TYPE I AND TYPE II REVIEW-WITHOUT NOTICE.....................................................13
15.09.040 TYPE II REVIEW-WITH NOTICE................................................................................13
15.09.050 TYPE III REVIEW.........................................................................................................14
15.09.055 TYPE III REVIEW-SHORELINE MASTER PROGRAM.................................................14
15.09.057 VARIANCE CRITERIA...................................................................................................15
15.09.060 TYPE IV DECISION REVIEW........................................................................................15
15.09.070 HEARING EXAMINER DECISIONS...............................................................................17
15.09.080 PROCEDURES FOR OPEN RECORD PUBLIC HEARINGS BEFORE THE HEARING
EXAMINER..................................................................................................................17
15.09.090 REMAND......................................................................................................................18
15.09.100 FINAL DECISION..........................................................................................................18
15.11 APPEALS ........................................................................................................................................19
15.11.010 APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND DECISIONS.......................19
15.11.020 APPEAL TO THE HEARING EXAMINER.......................................................................19
15.11.030 APPEAL TO STATE REVIEW BOARDS.........................................................................20
15.11.040 JUDICIAL APPEAL........................................................................................................20
15.13 ENFORCEMENT.............................................................................................................................21
15.13.005 SEVERABILITY............................................................................................................21
Development Code December 20, 2021 Page 1
15.13.010 ENFORCING OFFICIAL;AUTHORITY...........................................................................21
15.13.020 PENALTY.....................................................................................................................21
15.13.030 APPLICATION..............................................................................................................22
15.13.035 WARNING NOTICE ......................................................................................................23
15.13.040 NOTICE OF CIVIL VIOLATION.....................................................................................23
15.13.045 HEARING BEFORE THE HEARING EXAMINER...........................................................24
15.13.050 CIVIL FINES .................................................................................................................25
15.13.055 COST RECOVERY.........................................................................................................27
15.13.060 ABATEMENT...............................................................................................................27
15.13.070 REVIEW OF APPROVED PERMITS ..............................................................................27
15.13.075 REVOCATION OR MODIFICATION OF PERMITS AND APPROVALS............................28
CONSOLIDATED APPLICATION REVIEW CHART.....................................................................................29
Development Code December 20, 2021 Page 2
15.01 INTRODUCTION
15.01.010 INTENT
The purpose of this Title is to combine and consolidate the application, review, enforcement, and approval
processes for land development in Mason County in a manner that is clear, concise, and understandable. It
is further intended to comply with RCW 36.7013, which provides the guidelines for integrating development
review and environmental review of proposed development, in coordination with approved land use plans.
Established in this Title is the standard use of the Letter of Completeness, Notice of Application, and Notice
of Decision. Final decision on development proposals shall be made within one hundred twenty (120) days of
the date of the Letter of Completeness, except as provided in Section 15.09.100.
15.01.020 DEFINITIONS
The following definitions shall apply to this Title:
Accessory Structure:As defined in the relevant code or ordinance.
Adjacent Property Owners: The persons who are owners of lots, as shown on the County Assessor records,
within 300 feet, not including street rights-of-way, of the boundaries of the property which is the subject of
the meeting or pending action.
Closed Record Public Meeting: A public meeting where the hearing body receives the record of past public
hearings on the matter and evaluates the proposal based upon that established record of standards and
issues brought up previously. Testimony is taken but the issues are limited to the topics of past public
hearing review.
Code: The Mason County Code or portion of that code.
Completed Application: See RCW 36.7013.070.
Comprehensive Plan: The Mason County Comprehensive Plan, as amended.
Comprehensive Plan Amendment: An amendment or change to the text or maps of the Comprehensive
Plan.
Date of Decision: The date on which final action occurs and from which the appeal period is calculated.
Density: As defined in the relevant code or ordinance.
Development: Any land use permit or action regulated by Titles 6, 8, 14, 16, and 17 MCC, including but not
limited to construction permits, conditional use permits, variances, or subdivisions.
Development Code: The Mason County Development Code.Title 15 of the Mason County Code.
Effective Date: The date a final decision becomes effective.
Development Code December 20,2021 Page 3
Final Decision: The final action by the Review Authority, Hearing Examiner, or Board of County
Commissioners.
Lot: As defined in the relevant code or ordinance.
MCC: Means the Mason County Code.
Open Record Public Hearing: An open record hearing held by an authorized hearing body, at which
evidence is presented, testimony is recorded, and decision is made,to form the local government record on
the review and decision-making of the planned action.
Ordinance: Any or all of the adopted Mason County ordinances or resolutions.
Party of Record: Any person who has testified at a public hearing or has submitted a written statement
related to a development action and who provides the County with a complete address.
Person: Any person,firm, business, corporation, partnership of other associations or organization, marital
community, municipal corporation, or governmental agency.
Project: A proposal for development.
Project Permit: Per RCW 36.70B.020 (4)
Review Authority: The Director of Community Services, or his or her designees,which depend on the
responsibility as determined by the respective codes,ordinances, and regulations. Responsibilities of the
Review Authority may be delegated when not contrary to law or ordinance.
Setback: As defined in the relevant code or ordinance.
Variance:As defined or used in the relevant code or ordinance.
Yard: As defined in the relevant code or ordinance.
15.03 ADMINISTRATION
15.03.005 PURPOSE AND APPLICABILITY
This Title describes enforcement actions and how the County will process applications for development
subject to review under the following Titles of the Mason County Code and other ordinances and regulations
of the County as listed below:
Title 6 (Sanitary Code, enforcement only), including the following Mason County Board of Health
regulations,which may not be codified in Title 6: On-Site Sewage Regulation, Group B Water System
Regulation, Solid Waste Regulation, and Water Adequacy Regulation.
Title 8 (Environmental Policy and Resource Ordinance)
Development Code December 20,2021 Page 4
Title 11 (Forest Practices)
Title 12 (Bridges and Roads)
Title 13 (Utilities)
Title 14 (Buildings and Construction, Grading, Stormwater, Flood Prevention)
Title 16 (Subdivisions)
Title 17 (Zoning/Development Regulations, Shoreline Master Program, Historic Preservation, Airport
Overlay)
15.03.010 ROLES AND RESPONSIBILITIES
A. The regulation of land development is a cooperative activity including many different elected and
appointed boards and County staff. The specific responsibilities of these bodies is set forth below.
B. A developer is expected to read and understand the County Development Code and be prepared to
fulfill the obligations placed on the developer by the Mason County Code and other ordinances and
regulations of the county.
15.03.015 APPLICATION TYPES AND CLASSIFICATION
A. Applications for review pursuant to Title 15 shall be subject to a Type I,Type II,Type III, or Type IV
process.
B. Unless otherwise required,where the County must approve more than one application for a given
development, all applications required for the development may be submitted for review at one time.
Where more than one application is submitted for a given development, and those applications are
subject to different types of procedure,then all of the applications are subject to the highest-number
procedure that applies to any of the applications.
C. The Review Authority for the application in question shall classify the application as one of the four
types of procedures.
1. The act of classifying an application shall be an administrative interpretation, if written and
transmitted to the applicant.
2. Questions about what procedure is appropriate shall be resolved in favor of the type providing
greatest notice and opportunity to participate.
3. The Review Authority shall consider the following guidelines when classifying the procedure type
for an application:
a. A Type I (ministerial) process involves an application that is subject to clear, objective and
nondiscretionary standards or standards that require an exercise of professional judgment
about technical issues.
Development Code December 20,2021 Page 5
b. A Type II (administrative) process involves an application that is subject to objective and
subjective standards that require the exercise of limited discretion about nontechnical
issues and about which there may be a limited public interest.
C. A Type III (quasi-judicial) process involves an application for relatively few parcels and
ownerships. It is subject to standards that require the exercise of substantial discretion
and about which there may be a broad public interest.
d. A Type IV(legislative) process involves the creation, implementation, or amendment of
policy or law by ordinance. The subject of a Type IV process involves a relatively large
geographic area containing many property owners, and a Type IV application should follow
the format detailed in Chap. 15.09.060.
D. Type I and Type II review—without notice—letter of completeness. Type I and Type II permit reviews,
which are categorically exempt from environmental review under chapter 43.21C RCW, or for which
environmental review has been completed in connection with other permits, shall be excluded from
the notice of application and notice of decision provisions in this Title, except when specifically
required for a particular category of project. Also a letter of completeness shall be at the option of the
Review Authority, provided that, if no letter of completeness is prepared,the application is considered
complete after 28 days from receiving a date stamped application and within the meaning of chapter
36.7013 RCW.
15.03.020 ADMINISTRATIVE DIRECTION
Each Director or authorized official shall review and act on the following:
A. Review Authority: The Director of Community Services, is responsible for the administration of the
respective titles of the Mason County Code and ordinances. The responsibilities of the Review
Authority may be delegated when not contrary to law or ordinance.
B. Administrative Interpretation: Upon request or as determined necessary,the Review Authority shall
interpret the meaning or application of the provisions of said titles and issue a written administrative
interpretation within thirty (30) days. Requests for interpretation shall be written and shall concisely
identify the issue and desired interpretation.
C. Administrative Decisions: Administrative approval, approval with conditions, or denial of permit
applications as set forth in Sections 15.09.020, 15.09.030, and 15.09.040.
15.03.030 BOARD OF COUNTY COMMISSIONERS
A. Type IV applications including changes to the Mason County Comprehensive Plan and land use
regulations;
B. Applications for removal of utility and drainage easements for which the County has interest is set
forth in Section 15.03.060.
Development Code December 20,2021 Page 6
15.03.040 PLANNING ADVISORY COMMISSION
The Planning Advisory Commission shall review and make recommendations on the following applications
and subjects:
A. Amendments to the Comprehensive Plan and Development Regulations per RCW 36.70A.030.
B. Subjects referred by ordinance.
15.03.050 HEARING EXAMINER
The Hearing Examiner shall review and act on the following subjects:
A. Appeals of decisions of the Building Official on the interpretation or application of the Building Code.
B. Revoking or modifying a permit or approval per Section 15.13.070.
C. Appeals of enforcement actions under the codes, ordinances and regulations listed under 15.03.005.
Enforcement actions include interpretations and decisions made as part of the enforcement actions
under the authority of provisions in Section 15.03.005.
D. Appeals of decisions of the Fire Marshal on interpretation or application of the Fire Code.
E. Enforcement actions as provided in Chapter 15.13.
F. Applications for Preliminary and Final Plats.
G. Appeal of administrative decisions made by the Community Services Department as set forth in
Sections 15.09.020, 15.09.030, and 15.09.040.
H. Appeal of threshold determination under Title 8 (Environmental Policy).
I. Granting of variances, except for administrative variances.
J. Other Type III permit reviews, including: Large Lot subdivisions involving a public hearing, Mason
Conditional Environmental Permits, Mobile Home and Recreational Park permits,Special Use Permits,
Reasonable Use Exceptions, and Shoreline Substantial Development Permits and Conditional Use
Permits.
K. Plat vacation or amendments, pursuant to Chapter 58.17 RCW, and for the purpose of removing utility
and drainage easements set forth in Section 15.03.060.
15.03.060 PROCESS TO REMOVE UTILITY AND DRAINAGE EASEMENTS
A. County has no interest in any utility and drainage easement: The Hearing Examiner may review and
act on applications and plat alterations for removal of utility and drainage easements. The Hearing
Examiner may act on the removal of the easements without a public hearing, provided that all parties
entitled to notice under RCW 58.17.080 and 58.17.090 shall be given notice,which provides an
opportunity for a hearing, upon request, within 14 days of the receipt of the notice.
Development Code December 20,2021 Page 7
B. County has interest in any utility and drainage easement: The County Commissioners may dispose of
any County property interest in the utility and drainage easements when the County Commissioners
are in possession of a statement from the Public Works Engineer and the Utilities Director, or the
County Administrator in their absence, that, in their opinion: the County has no interest in the
easements,the easements are not needed, are not likely to be needed, and the easements have no
known present or future value to the County. The disposal shall take place as set forth in Chapter 3.40
MCC and any applicable laws and regulations. After a public hearing,the Hearing Examiner may
review and act on the application for the removal of a drainage and utility easements.
15.05 CONSOLIDATED APPLICATION PROCESS
15.05.010 APPLICATION
A. The County shall consolidate development applications consistent with RCW 36.7013 and review in
order to integrate the development permit and environmental review process, while avoiding
duplication of the review processes.
B. All applications for development permits, conditional uses,variances, and other County approvals
under the Development Code shall be submitted on forms provided by the Review Authority. All
applications shall be acknowledged by the property owner or their agent.
15.05.020 PRE-APPLICATION ACTIVITIES
A. Informal. Applicants for development are encouraged to participate in an informal discussion prior to
the formal pre-application meeting or shoreline meeting. The purpose of the informal discussion is to
establish, in general terms,the proposed development, County development standards, and required
permits and approval process.
B. Pre-Application Meeting. Every person proposing a commercial, industrial, multi-family and/or
subdivision project in the County shall attend a pre-application meeting. For the purpose of this
section commercial development shall not include change in tenant. The purpose of the meeting is to
discuss the nature of the proposed development, application and permit requirements,fees, review
process and schedule, applicable plans, policies and regulations. In order to expedite development
review,the County shall invite all affected departments, agencies and/or special districts to the pre-
application meeting, at the discretion of the Review Authority.
C. Shoreline Meeting. Every person proposing a development, within shoreline jurisdiction, requiring a
Shoreline Substantial Development permit, Conditional Use, and/or Variance permit and some
Shoreline Exemptions, shall attend a shoreline meeting.The purpose of the meeting is to discuss the
nature of the proposed development, application and permit requirements, review process and
schedule, applicable plans, policies and regulations. In order to expedite development review,the
County shall invite all affected departments, agencies and/or special districts to the shoreline meeting.
The shoreline meeting may occur in office or in the field.
Development Code December 20,2021 Page 8
15.05.030 CONTENT OF APPLICATIONS
All applications for approval under Titles 6, 8, 11, 12, 13, 14, 16, 17, and other applicable ordinances shall
include the information specified therein. The Review Authority may require such additional information as
reasonably necessary to fully evaluate the proposal.
15.05.040 LETTER OF COMPLETENESS OF APPLICATION
A. Within twenty-eight (28) days of receiving a date stamped application,the County shall review the
application and as set forth below, provide applicants with a written determination that the
application is complete or incomplete. An application shall be deemed complete if the County does
not provide a written determination to the applicant that the application is incomplete within twenty-
eight (28) days.
B. A project application shall be declared complete only when it contains all of the following materials:
1. Fully completed, signed, and acknowledged development applications and all applicable review
fees.
2. A fully completed, signed, and acknowledged environmental checklist for projects subject to
review under the State Environmental Policy Act (Title 8).
3. The information specified for the desired project in the appropriate chapters of the Mason
County Code and as identified in Section 15.05.030.
4. Any supplemental information or special studies identified by the Review Authority upon
application. However,for vesting purposes, if a Determination of Completeness has not already
been made, it will be assumed upon a SEPA threshold determination.
C. For applications determined to be incomplete,the County shall identify, in writing, the specific
requirements or information necessary to constitute a complete application. Upon submittal of the
additional information,the County shall, within fourteen (14) days, issue a letter of completeness or
identify what additional information is required. If additional information is requested that is
necessary to process a permit request and such information is not provided to the County within one
hundred eighty (180) days of the request,the application shall expire and no further action on the
proposed development shall take place.
D. A project permit application is complete for purposes of this section when it meets the procedural
submission requirements in (B) above and is sufficient for continued processing even though
additional information may be required or project modifications may be undertaken subsequently.
The determination of completeness does not preclude the County from requesting additional
information or studies either at the time of the notice of completeness or subsequently if new
information is required or substantial changes in the proposed action occur.
E. The County may require any preliminary permits, including but not limited to, special use permits,
shoreline substantial development permits,variances, and reasonable use exceptions, prior to the
submission of an application for a building permit.
Development Code December 20,2021 Page 9
15.05.050 VESTING OF APPLICATIONS
An application shall become vested to the current applicable land use regulation (e.g. Development
Regulations, Resource Ordinance, Shoreline Master Program, etc.) on the date a 'determination of
completeness' is made. Thereafter,the application shall be reviewed under the regulation in effect on the
date of vesting; provided, in the event an applicant substantially changes his/her proposed development
after a determination of completeness, as determined by the,the application shall not be considered vested
to the regulation until a new determination of completeness on the changes is made.
15.07 PUBLIC NOTICE REQUIREMENTS
15.07.010 NOTICE OF DEVELOPMENT APPLICATION
A. Within fourteen (14) days of issuing a letter of completeness under Chapter 15.05,the County shall
issue a Notice of Development Application for Type III permits and Type II permits, which are not
excluded as provided in section 15.03.015 of this Title. The notice shall include, but not be limited to,
the following:
1. The date of application, the date of the notice of completion, and the date of the notice of
application;
2. A description of the proposed project action and a list of the project permits included in the
application and a list of any required studies;
3. The identification of other permits not included in the application that the proposed project may
require, to the extent known;
4. The identification of existing environmental documents that evaluate the proposed project;
5. The location where the application and any studies can be reviewed;
6. A preliminary determination, if one has been made at the time of notice, of which development
regulations will be used for project mitigation and of project consistency as provided in RCW
36.70B.040 and chapter 365-197 WAC;
7. Any other information determined appropriate by the local government;
8. A statement of the public comment period. statement must explain the following:
a. How to comment on the application;
b. How to receive notice of and participate in any hearings on the application;
C. How to obtain a copy of the decision once made; and
d. Any rights to appeal the decision.
Development Code December 20,2021 Page 10
9. If the project requires a hearing or hearings, and they have been scheduled by the date of notice
of application, the notice must specify the date,time, place, and type of any hearings required
for the project.
10. A statement that the decision on the application will be made within one hundred twenty (120)
days of the date of the letter of completeness.
B. The Notice of Development Application may be combined with any required notice of a public meeting
or open record public hearing.
C. The Notice of Development Application may be combined with the threshold determination and
scoping notice for a determination of significance.
15.07.020 NOTICE OF ADMINISTRATIVE DECISIONS
When notice of administrative approvals or denials is required, such notice shall be made as provided in
Section 15.07.040.
15.07.030 NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARINGS
All notices for public meetings and hearings for amendments to Comprehensive Plan and Development
Regulations policies and regulations shall follow the provisions of RCW 36.70A.035 Public Participation—
notice provisions.
Notice of a public meeting or public hearing for all development applications and appeals shall be given as
follows:
A. Time of Notices. Except as otherwise required, public notification of meetings, and hearings, and on
pending actions shall be made by:
1. Publication at least ten (10) days before the date of a public meeting, hearing, or pending action
in the official newspaper if one has been designated or a newspaper of general circulation in the
County; and
2. Mailing at least ten (10) days before the date of a public meeting, or public hearing to the
applicant and all adjacent property owners of the boundaries of the property that is the subject
of the meeting or pending action. Addressed, pre-stamped envelopes shall be provided by the
applicant; and
3. Posting at least ten (10) days before the meeting, hearing, or pending action in one public place
(for example, a post office) and at least two notices on the subject property.
4. Provided that, if the notice is for the purpose of an open record pre-decision hearing,the notice
of application shall be provided at least fifteen (15) days prior to the open record hearing.
5. Provided that, if a SEPA threshold determination has been made,that determination shall be
issued at least fifteen (15) days prior to the hearing date.
Development Code December 20,2021 Page 11
6. Written notice of application shall also be provided to any organization or individual who has
requested, in writing,to receive notice of all land use applications encompassed by this Chapter.
Provided that, the County may charge a reasonable fee for such notice, as approved by
resolution of the Board.
B. Content of Notice.
1. Pre-Decision Hearings: The public notice for pre-decision hearings shall include the items
required for a Notice of Development Application in Section 15.07.010(A) of this Title and
include the date,time, place, and type of the public hearing.
2. Appeal Hearings: For the notice of appeals of administrative decisions (Sec. 15.11.010) and
appeals to the Hearing Examiner(Sec. 15.11.020), notice shall be mailed to the parties of record
from the permit review and to all parties who requested to be notified of the decision.
C. Continuations. If for any reason, a meeting or hearing on a pending action cannot be completed on
the date set in the public notice, the meeting or hearing may be continued to a date certain and no
further notice under this section is required.
15.07.040 NOTICE OF FINAL DECISION
A. When a notice is required for a final decision, such notice shall be sent to the applicant, all parties of
record, all parties who requested to be notified, and the County Assessor's Office.
B. This notice shall include the statement of threshold determination (RCW 43.21C), information on
requesting assessed valuation changes by affected property owners, and the procedures of
administrative appeal, if any.
C. This notice may be combined with the transmittal requirements of other codes, state statutes, or
ordinances, as appropriate.
D. Notice of administrative decisions shall be the responsibility of the issuing county department or
division.
15.09 REVIEW AND APPROVAL PROCESS
15.09.010 CONSOLIDATED PERMIT REVIEW
When a proposed action involves two or more project permits (for example, a Shoreline Conditional Use
Permit, Mason Environmental Permit, and commercial project review),the applicant may choose to have all
or a portion of the proposal reviewed under the consolidated permit review process. When the
consolidated permit review is selected, county staff shall include all project permits under review when
issuing the determination of application completeness, notice of application, notice of one open record
public hearing (when needed), and notice of final decision. Classification of such review is as provided in
15.03.015.13, MCC.
Development Code December 20,2021 Page 12
15.09.020 ENVIRONMENTAL REVIEW
A. Developments and planned actions subject to the provisions of the State Environmental Policy Act
(SEPA) shall be reviewed in accordance with the policies and procedures contained in Chapter 8, MCC.
B. SEPA review shall be conducted concurrently with development project review. The following are
exempt from concurrent review:
1. Projects categorically exempt from SEPA or for which SEPA has already been completed.
2. Components of previously completed planned actions,to the extent permitted by law and
consistent with the EIS for the planned action.
15.09.030 TYPE I AND TYPE II REVIEW - WITHOUT NOTICE
A. After the determination of a complete application,the Review Authority may approve, approve with
conditions, or deny the following without notice, unless notice is otherwise required (for example,
short subdivision applications):
1. Type I decisions.
2. Extension of time for approval.
3. Minor amendments or modifications to approved developments or permits. Minor amendments
are those which may affect the precise dimensions or location of buildings, accessory structures
and driveways, but do not affect: (i) overall project character, (ii) increase the number of lots,
dwelling units, or density or (iii) decrease the quality or amount of open space.
4. Adjustment to yard setbacks.
5. Type II decisions, which are excluded as provided in section 15.03.015 of this title.
6. Accessory Dwelling Units.
B. The Review Authority's decisions under this section shall be final on the date issued.
15.09.040 TYPE II REVIEW - WITH NOTICE
A. After a determination of completeness for an application, after providing a notice of application, and
after the end of the specified comment period, the Review Authority may grant approval or approval
with conditions, or may deny Type II decisions(such as Short Subdivisions), subject to the notice of
decision and appeal requirements of this title.
B. Final Administrative Approvals. Approvals under this section shall become effective subject to the
following:
1. If no appeal is submitted,the approval becomes effective at the expiration of the fourteen-(14)
day appeal period.
Development Code December 20,2021 Page 13
2. If a written notice of appeal is received within the specified time,the matter will be referred to
the Hearing Examiner as an appeal for an open record public hearing, and shall not become
effective until approved on appeal or until the appeal contesting an approval is dismissed.
C. Administrative Denials. Denials under this section shall become effective immediately.
D. Notice of the administrative final decision shall be provided in accordance with this title, section
15.07.040.
15.09.050 TYPE III REVIEW
A. Staff Report. The Review Authority shall prepare a staff report on the proposed development or
action summarizing the comments and recommendations of County departments, affected agencies
and special districts, and evaluating the development's consistency with the County's Development
Code, adopted plans and regulations.The staff report shall include findings and conclusions for
disposition of the development application.
B. Public Meeting. The Hearing Examiner shall conduct a public meeting on development proposals for
the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and
evaluating the proposal for consistency with the County's Development Code, adopted plans and
regulations. Notice of the Hearing Examiner meeting shall be in accordance with Section 15.07.030.
C. Review. The Hearing Examiner shall review a proposed development according to the following
criteria:
1. The development does not conflict with the Comprehensive Plan and meets the requirements
and intent of the Mason County Code, especially Titles 6, 8, and 16.
2. The development does not impact the public health, safety and welfare and is in the public
interest.
3. The development does not lower the level of service of transportation and/or neighborhood
park facilities below the minimum standards established within the Comprehensive Plan. If the
development results in a level of service lower than those set forth in the Comprehensive Plan,
the development may be approved if improvements or strategies to raise the level of service
above the minimum standard are made concurrent with the development. For the purpose of
this section, "concurrent with the development" is defined as the required improvements or
strategies in place at the time of occupancy, or a financial commitment is in place to complete
the improvements or strategies within six(6)years of approval of the development.
D. Notice of final decision shall be provided in accordance with section 15.07.040.
15.09.055 TYPE III REVIEW - SHORELINE MASTER PROGRAM
See the Shoreline Master Program MCC 17.50.400 for the following:
General Requirements for All Shoreline Uses and Development;
Developments Exempt from the Substantial Development Requirement;
Development Code December 20,2021 Page 14
Application Requirements, Permit Process, and Review Criteria for Substantial Development,
Conditional Use, and Variance Permits; and
Appeals to the Shoreline Hearings Board.
15.09.057 VARIANCE CRITERIA.
Variances from the bulk and dimension requirements of the Resource Ordinance or the Development
Regulations (zoning regulations) may be allowed as follows. The County must document with written
findings compliance or noncompliance with the variance criteria. The burden is on the applicant to prove
that each of the following criteria are met:
A. That the strict application of the bulk, dimensional or performance standards precludes or significantly
interferes with a reasonable use of the property not otherwise prohibited by County regulations;
B. That the hardship which serves as a basis for the granting of the variance is specifically related to the
property of the applicant, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the County regulations, and not, for example from deed
restrictions or the applicant's own actions;
C. That the design of the project will be compatible with other permitted activities in the area and will
not cause adverse effects to adjacent properties or the environment;
D. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other
properties in the area, and will be the minimum necessary to afford relief;
E. That the public interest will suffer no substantial detrimental effect;
F. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land. Such
variance shall be consistent with the Mason County Comprehensive Plan, Development Regulations,
Resource Ordinance and other county ordinances, and with the Growth Management Act. Mere loss
in value only shall not justify a variance.
15.09.060 TYPE IV DECISION REVIEW
A. The process for amending the Mason County Comprehensive Plan and implementing development
regulations (hereinafter annual amendment process) shall follow the steps below. Generally,the
county will consider both the plan and regulation amendments together, and it will consider them only
one time each year.
1. Publish notice of the deadline for proposed plan or development regulation amendment which
will be placed on the docket for consideration. Amendments must be considered at least
annually. Comprehensive plan amendments cannot be adopted more than once a year.
a. Requests for rezone will be accepted on proper forms and include fees; such requests will
be listed on a docket for further processing of the requests.
b. Requested changes to the Comprehensive Plan or development regulations will be
accepted in written form by Community Services Department (CSD). The request will be
Development Code December 20,2021 Page 15
evaluated for merit by CSD staff and the Board of County Commissioners. Those requests
found of merit will be included in the docket of Comprehensive Plan or development
regulations changes.
2. The CSD prepares a Comprehensive Plan Amendment Report for presentation to the Planning
Advisory Commission. The report will include all proposals received,the initial analysis and
cumulative impact review, and the initial SEPA determination.
3. The County transmits the proposals to the State Department of Commerce and other state
agencies.
4. After presentation of the report to the Planning Advisory Commission,the Commission
schedules a public hearing and may schedule workshops. (In the case of amendments of special
interest to one part of the county, a workshop or hearing should be scheduled in that area.) The
public hearing should be not less than sixty (60) days after the official transmittal is provided to
the state.
5. The CSD, acting for the Commission, releases public notice of workshops and hearings.
6. Planning Advisory Commission holds public hearing and optional workshops, and formulate and
transmit its findings and recommendations to the Board of Commissioners.
7. The Board schedules and releases notice of public hearings and workshops as desired.
8. Workshops and public hearings held by the Board of Commissioners.
9. The Board meets to consider and take appropriate action on the amendments.
10. Any resulting amendments are transmitted to the State Department of Commerce and other
state agencies, and public notice of adoption is published.
B. Exceptions to the annual amendment process. In some cases amendments can be made to the
Comprehensive Plan outside of the annual amendment process described herein:
1. When an emergency exists,the annual amendment process will not be followed. The process
for the planning review is established in RCW 36.70A.390. The review process for SEPA(WAC
197-11-880) has already been adopted by the county in Ordinance 99-84, section 9.1.
2. When the amendments are intended to resolve an appeal to the Growth Management Hearings
Board,then the amendment is not limited to one time a year and will need to be abbreviated
because the time allowed in Hearings Board cases is very limited. The process will be adjusted
as necessary within the constraints of the Growth Management Act and SEPA.
3. The initial adoption of a sub-area plan is not required to be part of the annual amendment
process and is not limited to once per year. The process will be the same as required for the
annual plan amendment, except that the first step will be as follows:
Establish a sub-area committee or a series of sub-area workshops. Public notice will be
published of the workshops or meetings of the committee in order to encourage public
participation and comment.
Development Code December 20,2021 Page 16
4. The adoption of a shoreline master program amendment shall not follow the annual
amendment process, but shall be done under the procedures of Chapter 90.58 RCW.
5. The amendment of the capital facilities element of a comprehensive plan that occurs
concurrently with the adoption or amendment of a county budget.
6. Amendments can be made more than once a year if they are restricted to changes in the
development regulations consistent with the existing comprehensive plan. The process for
amendment is the same as specified for the annual amendment process.
15.09.070 HEARING EXAMINER DECISIONS
The Hearing Examiner shall make his or her decision following an open record public hearing and shall
include one of the following actions:
A. Approve.
B. Approve with conditions.
C. Deny(reapplication or resubmittal is permitted).
D. Deny with prejudice (reapplication or resubmittal is not allowed for one year).
E. Remand for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090.
15.09.080 PROCEDURES FOR OPEN RECORD PUBLIC HEARINGS BEFORE THE
HEARING EXAMINER
Public hearings shall be conducted in accordance with the Hearing Examiner's rules of procedure and shall
serve to create or supplement an evidentiary record upon which the decision will be based. The Hearing
Examiner shall open the public hearing and, in general, observe the following sequence of events:
A. Staff presentation, including submittal of any administrative reports. The Hearing Examiner may ask
questions of the staff.
B. Applicant presentation, including submittal of any materials. The Hearing Examiner may ask questions
of the applicant.
C. Testimony or comments by the public germane to the matter. Questions directed to the staff or the
applicant shall be posed by the Hearing Examiner at his or her discretion.
D. Rebuttal, response or clarifying statements by the staff and the applicant.
E. The evidentiary portion of the public hearing shall be closed.
F. The Hearing Examiner shall present a written statement of findings and conclusions upon issuing its
decision, which shall be rendered within ten (10)working days of the hearing.
Development Code December 20,2021 Page 17
G. The Hearing Examiner shall have the authority to hear motions for reconsideration of his or her
decision.
15.09.090 REMAND
In the event the Hearing Examiner determines that the public hearing record or record on appeal is
insufficient or otherwise flawed, the Hearing Examiner may remand the matter back to the hearing body or
administrative department to correct the deficiencies. The Hearing Examiner shall specify the items or
issues to be considered,the time frame for completing the additional work, and the date of the continuation
of the open record public hearing.
15.09.100 FINAL DECISION
A. Time. The final decision on a development proposal shall be made within one hundred twenty(120)
days from the date of the letter of completeness. The days pending the effectiveness of an
administrative approval per section 15.09.040, MCC, are also within the one hundred twenty(120)
days. Exceptions to the one hundred twenty day requirement include:
1. If the project permit requires an amendment to the Comprehensive Plan or a development
regulation.
2. Any time required to correct plans, perform studies or provide additional information, provided
that within fourteen (14) days of receiving the requested additional information,the Review
Authority shall determine whether the information is adequate to resume the project review.
3. Substantial project revisions made or requested by an applicant, in which case the one hundred
twenty (120) days will be calculated from the time that the County determines the revised
application to be complete.
4. All time required for the administrative appeal of a Determination of Significance or an appeal of
an administrative decision.
5. All time required for the preparation and review of an environmental impact statement, as
agreed upon by the County and the applicant.
6. Projects involving the siting of an essential public facility.
7. An extension of time mutually agreed upon by the County and the applicant.
8. All time required to obtain a variance.
9. Any remand to the hearing body.
B. Effective Date. Except for shoreline permits, the final decision of the Hearing Examiner shall be
effective on the date stated in the decision, provided that the date from which appeal periods shall be
calculated shall be the date the Hearing Examiner issues the decision. See MCC 17.50.400(C)(2)(g)for
determining the effective dates of shoreline permits.
C. Time Limit for Action.
Development Code December 20,2021 Page 18
1. Start of Construction.
Construction activities shall be commenced or,where no construction activities are involved,the
use or activity shall be commenced within two (2) years of the effective date of the permit.
However, a single extension may be authorized for a period not to exceed one (1) year based on
reasonable factors, if a request for extension has been filed with the County before the expiration
date and notice of the proposed extension is given to parties of record (if applicable).
2. Completion.
No permit or exemption authorizing construction shall extend for a term of more than five (5)
years from the effective date of the permit. However, a single extension may be granted for a
period not to exceed one(1)year based on reasonable factors, if a request for extension has been
filed with the County before the expiration date and notice of the proposed extension is given to
parties of record (if applicable).
3. Upon a finding of good cause, based on the requirements and circumstances of the project
proposed and consistent with applicable regulations, different time limits from those set forth
above may be allowed, if the time limit is established prior to granting of the permit by the
Hearing Examiner or by the Review Authority, in the case of Type I or II permits.
15.11 APPEALS
15.11.010 APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND DECISIONS
A. Administrative interpretations and administrative decisions may be appealed, by applicants or parties
of record,to the following hearing body, based upon the relevant code or ordinance as follows:
Hearing Examiner:Title 6(Sanitary Code) and other regulations listed in part 1 of section 15.03.005,
Title 8 (Environmental Policy and Resource Ordinance),Title 11 (Forest Practices),Title 12 (Bridges and
Roads),Title 13 (Utilities),Title 14 (Buildings and Construction, Grading, Stormwater, Flood
Prevention),Title 16 (Subdivisions), and Title 17 (Zoning/Development Regulations, Shoreline Master
Program, Historic Preservation,Airport Overlay), provided that appeals of the Building Official's notice
and order shall be in accordance with section 401 of the current adopted version of the Uniform Code
for the Abatement of Dangerous Buildings (hereafter section 401) and, shall be to the Hearing
Examiner as specified in this chapter.
B. The appeal shall be considered and decided within ninety(90) days of receipt of a date stamped
application, provided that the parties to an appeal may agree to extend these time periods, and
provided that a shorter time period is not specified in the applicable code or regulation.
15.11.020 APPEAL TO THE HEARING EXAMINER
A. Filing. Every appeal to the Hearing Examiner or County Commissioners shall be filed with the Permit
Assistance Center in the Community Services Department within fourteen (14) days after the date of
Development Code December 20,2021 Page 19
the decision being appealed. The date of the decision and the date from which appeal periods shall be
calculated shall be the date on which the written action was either mailed or transmitted by hand,
whichever is done and whichever is earliest,to all parties for which transmittal is required for the
action. This appeal period shall replace all other previously adopted appeal periods specified in the
applicable ordinances.
B. Contents. The application of appeal shall contain a concise statement identifying:
1. The decision being appealed.
2. The name and address of the appellant and his/her interest(s) in the matter.
3. The specific reasons why the appellant believes the decision to be wrong. The appellant shall
bear the burden of proving the decision was wrong.
4. The desired outcome or changes to the decision.
5. The appeals fee as provided for in the applicable ordinance.
C. Procedure. An appeal before the Hearing Examiner shall be by procedures established by the Hearing
Examiner consistent with RCW 36.70B.
15.11.030 APPEAL TO STATE REVIEW BOARDS
The appeal of the final decision of the Hearing Examiner may be filed to the appropriate state review board
and is subject to the appeal processes of the review board (notification, review, hearing, and decision). The
State Environmental Hearings Office processes appeals of shoreline permits, conditional uses, and variances.
15.11.040 JUDICIAL APPEAL
A. Appeals from the final decision of the Hearing Examiner involving those codes and ordinances to which
this title applies, and for which all other appeals specifically authorized have been timely exhausted,
shall be made to Mason County Superior Court within twenty-one (21) days of the date the decision or
action became final, unless preempted by state law.
B. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the
Clerk of the Board of County Commissioners and Prosecuting Attorney within the applicable time
period. This requirement is jurisdictional.
C. The cost of transcribing and preparing all records ordered certified by the court or desired by the
appellant for such appeal shall be borne by the appellant.
Development Code December 20,2021 Page 20
15.13 ENFORCEMENT
15.13.005 SEVERABILITY
This title shall be governed by the laws of the State of Washington. In the event that any portion or section
of this title be declared invalid or unconstitutional by a court of competent jurisdiction,the remainder of the
title shall not be affected and shall remain in full force and effect.
15.13.010 ENFORCING OFFICIAL; AUTHORITY
A. The Review Authority shall be responsible for enforcing those codes and ordinances to which this title
applies, and may adopt administrative rules to meet that responsibility. The Review Authority may
delegate enforcement responsibility, as appropriate. An employee of one Review Authority
department may commence an enforcement action of violations of codes and regulations of other
departments.
B. Inspections: The purpose of these inspection procedures are to ensure that a property owner's rights
are not violated. When it is necessary to make an inspection to enforce the provisions of this Chapter,
or when the Director has reasonable cause to believe that a violation has been or is being committed,
the Director or his duly authorized inspector may enter the premises, or building at reasonable times
to inspect or to perform any duties imposed by this Chapter, provided that if such premises or building
be occupied that credentials be presented to the occupant and entry requested. If such premises or
building be unoccupied, the Director shall first make reasonable effort to locate the owner or other
person having charge or control of the premises or building and request entry. If entry is refused,the
Director shall have recourse to remedies provided by law to secure entry.
15.13.020 PENALTY
A. Non-conforming structures and other non-conforming land modifications shall be a continuing
violation. Every day of violation shall be a separate violation. It shall be a violation to own, use,
control, maintain, or possess a portion of any premises which has been constructed, equipped,
maintained, controlled, or used in violation of any of the applicable provisions, MCC Section 15.03.005,
in this Title. Structures or activities which were made or conducted without a permit,when a permit
was required at the time of first action, do not vest and require current permits. Any person, firm, or
corporation who violates or who solicits, aids, or attempts a violation are accountable under this
Chapter and are subject to the penalty provisions as well as the Hearing Examiner process.
B. Compliance with the requirements of those codes and regulations listed under MCC Section 15.03.005
shall be mandatory, and violations of those codes are within the purview of this Chapter.
C. Any private party who intentionally, recklessly, or negligently violates any of the applicable codes,
regulations and ordinances is guilty of a misdemeanor.This includes, but is not limited to, a violation
of notice and order, a violation of notice of civil violation, a violation of a warning notice, a violation of
a stop work order,violation of a do not occupy order, or failure to comply with orders of the hearings
examiner. Any person convicted of a misdemeanor under this section shall be punished by a fine of not
more than five hundred dollars, or by imprisonment not to exceed ninety days, or by both, unless
Development Code December 20,2021 Page 21
otherwise required by state laws. Each such person is guilty of a separate offense for each and every
day during any portion of which any violation of any of the applicable provisions is committed,
continued, permitted, or aided by any such person.
D. Notwithstanding the provisions of any other code,the Review Authority is authorized to issue civil
infractions for violations of any provision of any code or regulation listed under Section 15.03.005. The
enforcement officer may issue a civil infraction ticket of up to two hundred fifty dollars ($250)for the
first violation and up to five hundred dollars ($500)for the second and subsequent violations. Second
and subsequent violations refer to any violation of any provision of Section 15.03.005 within two years
of the first violation. A violator is : (1) one who owns the property and knows the violation is
occurring, and fails to take action to abate it; (2) one who causes the violation to occur or solicits,
commissions, requests, or aids the violation; (3) one who has a virtual exclusive right to possess the
land, as in a tenant, equitable title owner, or trust beneficiary, and who aids, abets, commissions,
solicits, requests, or knowingly allows a violation to occur on the land; or(4) to the maximum extent
allowed under Washington law, any company whose employee or employees violates any provision of
Title 15. Proof in District Court shall be by a preponderance of the evidence. To the extent that there
is no conflict with this regulation, all such civil infractions under this regulation shall be governed by
the standards and procedures set forth in Revised Code of Washington 7.80 (Civil Infractions). Each
day of the violation shall be considered a separate offense.
15.13.030 APPLICATION
A. This Chapter does not apply to enforcing the Shoreline Management Plan regulations. Except when the
Review Authority has determined that MCC 17.50.500 and part II of WAC 173-27 do not address a
certain aspect of an enforcement procedure.
B. Actions under this chapter may be taken in any order deemed necessary or desirable by the Review
Authority to achieve the purpose of this chapter or of the Development Code.
C. Proof of a violation of a development permit shall constitute prima facie evidence that the violation is
that of the applicant and/or owner of the property upon which the violation exists. An enforcement
action under this chapter against the owner and/or applicant shall not relieve or prevent enforcement
under this chapter or other ordinance against any other responsible person, which, to the extent
allowed by state law, includes an officer or agent of a business or nonprofit organization who,while
violating the applicable provisions, is acting on behalf of, or in representation of,the organization.
D. Where property has been subjected to an activity in violation of this Chapter,the County may bring an
action against the owner of such land or the operator who performed the violation. In addition, in the
event of intentional or knowing violation of this Chapter,the review authority or Hearing Examiner
may deny authorization of any permit or development approval on said property for a period up to
ten (10)years from the date of unauthorized clearing or grading. While a case is pending,the County
shall not authorize or grant any permit or approval of development on the property.
E. Nothing in this chapter shall be construed to prevent the application of other procedures, penalties or
remedies as provided in the applicable code or ordinance.
Development Code December 20,2021 Page 22
15.13.035 WARNING NOTICE
Prior to other enforcement action, and at the option of the Review Authority, a warning notice may be
issued.This notification is to inform parties of practices which constitute or will constitute a violation of the
development code or other development regulation as incorporated by reference and may specify corrective
action.This warning notice may be sent by certified/registered mail, posted on site or delivered by other
means.The parties shall respond to the county within twenty(20) days of the postmark, posting on site, or
delivery of the notice.
15.13.040 NOTICE OF CIVIL VIOLATION
A. Authority.A notice of civil violation may be issued and served upon a person if any activity by or at the
direction of that person is, has been, or may be taken in violation of the applicable codes under
Section 15.03.005. A landowner,tenant, or contractor may each be held separately and joint and
severally responsible for violations of the applicable codes and regulations.
B. Notice. A notice of civil violation shall be deemed served and shall be effective when posted at the
location of the violation and/or delivered to any person at the location and/or mailed first class to the
owner or other person having responsibility for the location and not returned.
C. Content. A notice of civil violation shall set forth:
1. The name and address of the person to whom it is directed.
2. The location and specific description of the violation.
3. A notice that the order is effective immediately upon posting at the site and/or receipt by the
person to whom it is directed.
4. An order that the violation immediately cease, or that the potential violation be avoided.
5. An order that the person stop work until correction and/or remediation of the violation as
specified in the order.
6. A specific description of the actions required to correct, remedy, or avoid the violation,
including a time limit to complete such actions.
7. A notice that failure to comply with the regulatory order may result in further enforcement
actions, including civil fines, criminal penalties and/or appearance before the Hearing Examiner.
D. Remedial Action.The Review Authority may require any action reasonably calculated to correct or
abate the violation, including but not limited to replacement, repair, supplementation, revegetation,
or restoration.
Development Code December 20,2021 Page 23
15.13.045 HEARING BEFORE THE HEARING EXAMINER
A. A person to whom a notice of a civil violation is issued, and has not been resolved will be scheduled to
appear before the Hearings Examiner after the notice of civil violation is issued. Extensions may be
granted at the discretion of the appropriate Review Authority.
B. Correction of Violation.The hearing will be canceled if the applicable Review Authority determines
that the required corrective action has been completed or is on schedule for completion as set by the
Review Authority at least 48 hours prior to the scheduled hearing.
C. Procedure.The Hearings Examiner shall conduct a hearing on the civil violation pursuant to the rules
of procedure of the Hearings Examiner.The applicable Review Authority and the person to whom the
notice of civil violation was directed may participate as parties in the hearing and each party may call
witnesses.The county shall have the burden of proof to demonstrate by a preponderance of evidence
that a violation has occurred or imminently may occur and that the required corrective action will
correct the violation.A Hearing Examiner's order may prohibit future action, and violations of that
order may lead to penalties under this ordinance.The determination of the applicable Review
Authority shall be accorded substantial weight by the Hearings Examiner in determining the
reasonableness of the required corrective action.
D. Decisions of the Hearings Examiner.
1. The Hearing Examiner shall determine whether the county has established by a preponderance
of the evidence that a violation has occurred and that the required correction will correct the
violations and shall affirm,vacate, or modify the county's decisions regarding the alleged
violation and/or the required corrective action, with or without written conditions.
2. The Hearing Examiner shall issue an order to the person responsible for the violation which
contains the following information:
a. The decision regarding the alleged violation including findings of fact and conclusions
based thereon in support of the decision;
b. The required corrective action;
C. The date and time by which the correction must be completed;
d. The civil fines assessed based on the criteria in subsection (D)(3) of this section;
e. The date and time by which the correction must be completed;
3. Civil fines assessed by the Hearing Examiner shall be in accordance with the civil fine in Section
15.13.050.
a. The Hearing Examiner shall have the following options in assessing civil fines:
i. Assess as issued and thereafter; or
ii. Assess civil fines beginning on the correction date set by the applicable Review
Authority or alternate correction date set by the Hearings Examiner and thereafter;
or
Development Code December 20,2021 Page 24
iii. Assess less than the established civil fine set forth in Section 15.13.050 based on the
criteria of subsection (D)(3)(b) of this section; or
iv. Assess no civil fines.
b. In determining the civil fine assessment, the Hearing Examiner shall consider the following
factors:
i. Whether the person responded to staff attempts to contact the person and
cooperated with efforts to correct the violation;
ii. Whether the person failed to appear at the hearing;
iii. Whether the violation was a repeat violation or if the person has previously violated
the applicable codes, regulations, and ordinances;
iv. Whether the person showed due diligence and/or substantial progress in correcting
the violation;
V. Whether a genuine code interpretation issue exists; and
vi. Any other relevant factors.
C. The Hearing Examiner may double the civil fine schedule if the violation was a repeat
violation or the person has previous violations of the applicable codes, regulations, or
ordinances. In determining the amount of the civil fine for repeat violations the Hearing
Examiner shall consider the factors set forth in subsection (D)(3)(b) of this section.
4. Notice of Decision. Upon receipt of the Hearing Examiner's decision.the Review Authority shall
send by first class mail and by certified mail return receipt requested a copy of the decision to
the person to whom the notice of a civil violation was issued.The decision of the Hearing
Examiner shall be rendered within 10 working days of the hearing.
E. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the
scheduled hearing, the Hearing Examiner will enter a default order with findings pursuant to
subsection (D)(2) of this section and assess the appropriate civil fine pursuant to subsection (D)(3) of
this section.The county will enforce the Hearing Examiner's order and any civil fine from that person.
F. Appeal to Superior Court. See Section 15.11.040 Judicial Appeal
15.13.050 CIVIL FINES
A. Authority.A person who violates any provision of the Development Code, or who fails to obtain any
necessary permit, who fails to comply with the conditions of a permit, or who fails to comply with a
notice of civil violation shall be subject to a civil fine.
B. Amount.The civil fine assessed shall not exceed one thousand dollars($1,000.00)for each violation.
Each separate day, event, action or occurrence shall constitute a separate violation.
Development Code December 20,2021 Page 25
C. Notice.A civil fine shall be imposed by an order of the review authority, and shall be effective when
served or posted as set forth in 15.13.040(B).
D. Collection.
1. Civil fines shall be immediately due and payable upon issuance and receipt of order of the
review authority.The Review Authority may issue a stop work order until such fine is paid.
2. If remission or appeal of the fine is sought,the fine shall be due and payable upon issuance of a
final decision.
3. If a fine remains unpaid thirty(30) days after it becomes due and payable,the Review Authority
may take actions necessary to recover the fine. Civil fines shall be paid into the County's
abatement fund unless otherwise provided by ordinance.The Review Authority, in its discretion,
may determine that assessments in amounts of five hundred dollars ($500) or more shall be
payable in not to exceed three equal annual installments.The payments shall bear interest equal
to that charged on delinquent taxes under RCW 84.56.020. Such an account in good standing
shall not be considered as delinquent unpaid fines as provided in subsection (d)(4) of this
section.
4. Unpaid fines shall be assessed against the property and be recorded on the assessment roll, and
thereafter said assessment shall constitute a special assessment against and a lien upon the
property, provided that fines in excess of the assessed value shall be a personal obligation of the
property owner, and fines assessed against persons who are not the property owner shall be
personal obligations of those persons.
E. Immediately upon its being placed on the assessment roll,the assessment shall be deemed to be
complete,the several amounts assessed shall be payable, and the assessments shall be liens against
the lots or parcels of land assessed, respectively.The lien shall be subordinate to all existing special
assessment liens previously imposed upon the same property and shall be paramount to all other liens
except for state, county and property taxes with which it shall be upon a parity.The lien shall continue
until the assessment and all interest due and payable thereon are paid.
F. All such assessments remaining unpaid after thirty(30) days from the date of recording on the
assessment roll shall become delinquent and shall bear interest at such rates and in such manner as
provided for in RCW 84.56.020, as now or hereafter amended,for delinquent taxes.
G. If the County Assessor and the County Treasurer assess property and collect taxes for this jurisdiction,
a certified copy of the assessment shall be filed with the County Treasurer.The descriptions of the
parcels reported shall be those used for the same parcels on the County Assessor's map books for the
current year.
H. The amount of the assessment lien shall be billed annually by the Treasurer's Office on the date of the
assessment lien until paid and shall be subject to the same penalties and procedure and sale in case of
delinquency as provided for ordinary property taxes.All laws applicable to the levy, collection and
enforcement of property taxes shall be applicable to such assessment. Notwithstanding the previous
provisions,the foreclosure process and sale process may be commenced within a year of the creation
of a lien when the Review Authority or the Hearing Examiner make a written request to the Treasurer's
Office to commence the process.
Development Code December 20,2021 Page 26
15.13.055 COST RECOVERY
A. Authority. Notwithstanding any other code provision, a person who violates any provision of any code
or regulation under MCC Section 15.03.005, or who fails to obtain any necessary permit, or who fails
to comply with a notice of civil violation shall be subject to enforcement, Hearings Examiner, and
abatement costs.
B. Amount.The Review Authority shall keep an itemized account of the time spent by employees of the
county in the enforcement or abatement of any code or any regulation under Section 15.03.005.
C. Notice. Upon completion of the work for which cost recovery is proposed,the Review Authority shall
provide notice by certified mail return receipt requested to the property owner or other person on
whose behalf the costs were incurred.
D. Collection. Costs may be collected as provided in MCC Section 15.13.050 (D)through (H) inclusive.
E. Civil fines and funds collected shall be deposited in the abatement fund of the county. If the Director
decides to close the fund, the remaining fund balance shall revert back to the general fund.
15.13.060 ABATEMENT
A. The Review Authority may abate the violation if corrective work is not commenced or completed
within the time specified in a notice of civil violation.
B. If any required work is not commenced or completed within the time specified,the Review Authority
may proceed to abate the violation and cause the work to be done and charge the costs thereof as a
lien against the property and any other property owned by the person in violation and as a personal
obligation of any person in violation.
15.13.070 REVIEW OF APPROVED PERMITS
A. Review: Any approval or permit issued under the authority of the Development Code may be
reviewed for compliance with the requirements of the Development Code, or to determine if the
action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained
by fraud or deception.
B. Review Authority Investigation: Upon receipt of information indicating the need for, or upon receiving
a request for review of permit or approval,the Review Authority shall investigate the matter and take
one or more of the following actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue a notice of civil violation and/or civil fine and/or recommend revocation or modification of
the permit or approval; and/or
3. Refer the matter to the County Prosecutor; and/or
Development Code December 20,2021 Page 27
4. Revoke or modify the permit or approval, if so authorized in the applicable code or ordinance;
and/or
5. Refer the matter to the Hearing Examiner with a recommendation for action.
15.13.075 REVOCATION OR MODIFICATION OF PERMITS AND APPROVALS
[[HANDLED BY APPROPRIATE DEPARTMENTS ]]
A. Upon receiving a Review Authority's recommendation for revocation or modification of a permit or
approval,the Hearing Examiner shall review the matter at a public hearing, subject to the notice of
public hearing requirements (Section 15.07.030). Upon a finding that the activity does not comply
with the conditions of approval or the provisions of the Development Code, or creates a nuisance or
hazard, the Hearing Examiner may delete, modify or impose such conditions on the permit or approval
it deems sufficient to remedy the deficiencies. If the Hearing Examiner finds no reasonable conditions
which would remedy the deficiencies,the permit or approval shall be revoked and the activity allowed
by the permit or approval shall cease.
B. Building Permits. The Building Official, not the Hearing Examiner has the authority to revoke or modify
building permits.
C. If a permit is not acted on within three (3)years of authorization, the permit is automatically revoked.
D. Reapplication. If a permit or approval is revoked for fraud or deception, no similar application shall be
accepted for a period of one year from the date of final action and appeal, if any. If a permit or
approval is revoked for any other reason, another application may be submitted subject to all of the
requirements of the Development Code.
Development Code December 20,2021 Page 28
CONSOLIDATED APPLICATION REVIEW CHART
DECISION TYPE
PRIMARY TYPE I TYPE II TYPE III TYPE IV
DEPARTMENT Ministerial qNMEL Administrative Quasi-judicial Legislative
DCD-Building 'Budding Permit •Mason Environmental •Appeal of Type I/II Decisions
Fire Marshal •Septic System Permit Permit for Septic System
Environmental Health 'Water Adequacy
•Well Construction
•Land Modification Permit
•Declaration of Parcel •SEPA DNS/MDNS •SEPA EIS •Rezones
Combination -Short Plat and Large Lot •Appeal of Type I/II Decisions •Amendments to the
•Land Modification Permit Subdvision •Preliminary Plat,Final Plat, Comprehensive Plan
•Boundary Line Adjustment and Large Lot Subdivision •Development Regulations,
•Development Regulations •Development Regulations- Shoreline Master Program
Administrative Variance Special Use and Variance
•Resource Ordinance- -Mobile Horne/RV Park
Mason Environmental Permit Permit
and Variance •Removal of Platted Utility and
DCD-Planning •Shoreline Master Prgm- Drainage Easement
Admin.Substantial •Resource Ordinance-
Development Permit Variance,Mason Conditional
Environmental Permit,and
Reasonable Use Exception
•Flood Ordinance Variance
•Shoreline Master Program-
Substantial Development,
Conditional Use,and Variance
Development Code December 20,2021 Page 29
Resource Ordinance APPENDIX A:
RATIONALE FOR THE WETLAND CATEGORIES
The following is from: Hruby, T. 2004. Washington State Wetland Rating System for Western
Washington —2014 Update. Washington State Department of Ecology Publication # 14-06-029. This
rating system is designed to differentiate between wetlands based on their sensitivity to disturbance, rarity,
the functions they provide, and whether we can replace them or not.The emphasis is on identifying those
wetlands:
where our ability to replace them is low,
that are sensitive to adjacent disturbance,
that are rare in the landscape,
that perform many functions well,
that are important in maintaining biodiversity.
The following descriptions summarize the rationale for including different wetland types in each category.As
a general principle, it is important to note that wetlands of all categories have valuable functions in the
landscape, and all are worthy of inclusion in programs for wetland protection.
CATEGORY I
Category I wetlands are those that 1) represent a unique or rare wetland type; or 2) are more sensitive to
disturbance than most wetlands; or 3) are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or 4) provide a high level of functions. We cannot afford the
risk of any degradation to these wetlands because their functions and values are too difficult to replace.
Generally,these wetlands are not common and make up a small percentage of the wetlands in the region.
Of the 111 wetlands used to field test the current rating system only 11 (10%) were rated as a Category I. In
western Washington the following types of wetlands are Category I.
Estuarine Wetlands
Relatively undisturbed estuarine wetlands larger than 1 acre are Category I wetlands because they are
relatively rare and provide unique natural resources that are considered to be valuable to society. These
wetlands need a high level of protection to maintain their functions and the values society derives from
them. Furthermore,the questions used to characterize how well a freshwater wetland functions cannot be
used for estuarine wetlands. No rapid methods have been developed to date to characterize how well
estuarine wetlands function.
Estuaries,the areas where freshwater and salt water mix, are among the most highly productive and
complex ecosystems where tremendous quantities of sediments, nutrients and organic matter are
exchanged between terrestrial, freshwater and marine communities.This availability of resources benefits
an enormous variety of plants and animals. Fish, shellfish and birds and plants are the most visible. However,
Resource Ordinance(MCC 8.52.110)APPENDIX A December 20, 2021 Page 1
there is also a huge variety of other life forms in an estuarine wetland: for example, many kinds of diatoms,
algae and invertebrates are found there.
Estuarine systems have substantial economic value as well as environmental value. All Washington State
estuaries have been modified to some degree, bearing the brunt of development pressures through filling,
drainage, port development and disposal of urban and industrial wastes.The over-harvest of certain
selected economic species has also modified the natural functioning of estuarine systems. Many Puget
Sound estuaries such as the Duwamish, Puyallup, Snohomish and Skagit have been extensively modified. Up
to 99%of some estuarine wetland areas in the state have been lost.
Estuaries, of which estuarine wetlands are a part, are a "priority habitat" as defined by the State Department
of Fish and Wildlife. Estuaries have a high fish and wildlife density and species richness, important breeding
habitat, important fish and wildlife seasonal ranges and movement corridors, limited availability, and high
vulnerability to alteration of their habitat(Washington State Department of Fish and Wildlife (WDFW),
http://www.wa.gov/wdfw/hab/phslist.htm, accessed October 15, 2003).
Wetlands with a High Conservation Value (formerly called Natural Heritage Wetlands)
These Category I wetlands have been identified by scientists from the Washington Natural Heritage Program
as important ecosystems for maintaining plant diversity in our state.
Wetlands that represent rare plant communities or provide habitat for rare plants are uncommon in western
Washington. As of 2013,there were only about 575 wetlands in western Washington that are characterized
as wetlands with a high conservation value by the Natural Heritage Program (Rocchio and others 2013). For
comparison,the Washington State Department of Fish and Wildlife mapped over 27,000 wetlands in only
three watersheds in the Puget Sound Region (WDFW 2013).
By categorizing these wetlands as Category I,we are trying to provide a high level of protection to these
important but rare wetlands.
"These natural systems and species will survive in Washington only if we give them special attention and
protection. By focusing on species at risk and maintaining the diversity of natural ecosystems and native
species,we can help assure our state's continued environmental and economic health." (DNR
http://www.dnr.wa.gov/ResearchScience/Topics/NaturalHeritage/Pages/amp_nh.aspx)
Bogs
Bogs are Category I wetlands because they are sensitive to disturbance and impossible to re-create through
compensatory mitigation.
Bogs are low nutrient, acidic wetlands that have organic soils. The chemistry of bogs is such that changes to
the water regime or water quality of the wetland can easily alter its ecosystem. The plants and animals that
grow in bogs are specifically adapted to such conditions and do not tolerate changes well. Immediate
changes in the composition of the plant community often occur after the water regime changes. Minor
changes in the water regime or nutrient levels in these systems can have major adverse impacts on the plant
and animal communities (e.g. Grigal and Brooks, 1997).
In addition to being sensitive to disturbance, bogs are not easy to re-create through compensatory
mitigation. Researchers in northern Europe and Canada have found that restoring bogs is difficult,
Resource Ordinance(MCC 8.52.110)APPENDIX A December 20, 2021 Page 2
specifically in regard to plant communities (Bolscher 1995, Grosvermier et al. 1995, Schouwenaars 1995,
Schrautzer et al. 1996), water regime (Grootjans and van Diggelen 1995, Schouwenaars 1995) and/or water
chemistry(Wind-Mulder and Vitt 2000). In fact, restoration may be impossible because of changes to the
biotic and abiotic properties preclude the re-establishment of bogs (Shouwenaars 1995, Schrautzer et al.
1996) although one study (Lucchese and others 2010) did find that a sphagnum layer did become re-
established after 17 years. Furthermore, bogs form extremely slowly, with organic soils forming at a rate of
about one inch per 40 years in western Washington (Rigg 1958).
Nutrient poor wetlands, such as bogs, have a higher species richness, many more rare species, and a greater
range of plant communities than nutrient rich wetlands (review in Adamus and Brandt 1990). They are,
therefore, more important than would be accounted for using a simple assessment of wetland functions
(Moore et al. 1989).
Mature and Old-growth Forested Wetlands
Mature and old-growth forested wetlands over 1 acre in size are "rated" as Category I because these
wetlands cannot be easily replaced through compensatory mitigation. A mature forest may require a
century or more to develop, and the full range of functions performed by these wetlands may take even
longer(see review in Sheldon et al. 2005, in press). Placing mature and old-growth forests into a separate
category makes it easier to address the temporal losses that accrue when forested wetlands are impacted
and mitigation is required.
Wetlands in Coastal Lagoons
Coastal lagoons are shallow bodies of water, like a pond, partly or completely separated from the sea by a
barrier beach. They may, or may not, be connected to the sea by an inlet, but they all receive periodic
influxes of salt water.This can be either through storm surges overtopping the barrier beach, or by flow
through the porous sediments of the beach.
Relatively undisturbed wetlands in coastal lagoons that are larger than 1/10 acre are placed into Category 1.
They probably cannot be reproduced through compensatory mitigation (we have no record of restoration or
creation of coastal lagoons in Washington), and because they are relatively rare in the landscape. No
information was found on any attempts to create or restore coastal lagoons in Washington that would
suggest this type of compensatory mitigation is possible. Any impacts to lagoons will, therefore, probably
result in a net loss of their functions and values.
In addition, coastal lagoons and their associated wetlands are proving to be very important habitat for
salmonids. Unpublished reports of ongoing research in the Puget Sound (Hirschi et al. 2003, Beamer et al.
2003) suggests coastal lagoons are heavily used by juvenile salmonids.
Interdunal Wetlands
Interdunal wetlands form in the "deflation plains" and "swales" that are geomorphic features in areas of
coastal dunes. These dune forms are the result of the interaction between sand,wind, water and plants.
The dune system immediately behind the ocean beach (the primary dune system) is very dynamic and can
change from storm to storm (Wiedemann 1984). For the purpose of rating, any wetlands that are located
Resource Ordinance(MCC 8.52.110)APPENDIX A December 20, 2021 Page 3
west of the upland boundary mapped in 1889 (western boundary of upland ownership) are considered to be
interdunal.
The wetlands that form in the interdunal ecosystem are not well understood and most indicators used to
rate the hydrologic and water quality functions of depressional wetlands are not applicable. As a result,
interdunal wetlands cannot be rated using the three-function approach used. However,the wetland
resource is important but small part of the total dune system (Wiedemann 1984) and needs to be protected.
Interdunal wetlands that are larger and that are also rich in habitat structure are Category I because they
provide critical habitat in this ecosystem (Wiedemann 1984). Larger wetlands or those found in a mosaic of
wetlands and dunes are Category II because they also probably provide important habitats in this ecosystem,
but we know little about them. Until we know more about how interdunal wetlands function we need to
provide adequate protection for this resource.
Wetlands That Perform Many Functions Very Well
Wetlands scoring 23 points or more (out of 27) on the questions related to functions are Category I
wetlands.
Not all wetlands function equally well, especially across the suite of functions performed. The field
questionnaire was developed to provide a method by which wetlands can be categorized based on their
relative performance of different functions. Wetlands scoring 23 points or more were judged to have the
highest levels of function. Wetlands that provide high levels of all three types of functions (improving water
quality, hydrologic functions, and habitat) are also relatively rare. Of the 111 wetlands used to calibrate the
rating system in western Washington, only 11 (10%) scored 23 points or higher based on their functions.
CATEGORY II
Category II wetlands are difficult, though not impossible,to replace, and provide high levels of some
functions. These wetlands occur more commonly than Category I wetlands, but still need a relatively high
level of protection. Category II wetlands in western Washington include:
Smaller Estuarine Wetlands
Any estuarine wetland smaller than an acre, or those that are disturbed and larger than 1 acre are category II
wetlands. Although disturbed, these wetlands still provide unique natural resources that are considered to
be valuable to society. Furthermore, the questions used to characterize how well a wetland functions
cannot be used for estuarine wetlands.
Interdunal Wetlands Greater than 1 Acre or Those in a Mosaic
The wetlands that form in the interdunal ecosystem are not well understood and most indicators used to
rate the hydrologic and water quality functions of depressional wetlands are not applicable. As a result,
interdunal wetlands cannot be rated using the three-function approach used. However,these wetlands are
an important but small part of the total dune system (Wiedemann 1984) and needs to be protected.
Resource Ordinance(MCC 8.52.110)APPENDIX A December 20, 2021 Page 4
Larger wetlands or those found in a mosaic of wetlands and dunes are Category II because they also
probably provide important habitat in this ecosystem. Since we know so little about them the precautionary
principle is chosen to protect them.
Wetlands That Perform Functions Well
Wetlands scoring between 20-22 points (out of 27) on the questions related to the functions present are
Category II wetlands. These wetlands were judged to perform most functions relatively well, or performed
one group of functions very well and the other two moderately well.
CATEGORY III
Category III wetlands are 1)wetlands with a moderate level of functions(scores between 16 - 19 points) and
2) interdunal wetlands between 0.1 and 1 acre in size. Wetlands scoring between 16-19 points generally
have been disturbed in some ways, and are often less diverse or more isolated from other natural resources
in the landscape than Category II wetlands.
CATEGORY IV
Category IV wetlands have the lowest levels of functions (scores less than16 points) and are often heavily
disturbed. These are wetlands that we should be able to replace, and in some cases be able to improve.
However, experience has shown that replacement cannot be guaranteed in any specific case. These
wetlands may provide some important functions, and also need to be protected.
Resource Ordinance(MCC 8.52.110)APPENDIX A December 20, 2021 Page 5
Resource Ordinance APPENDIX B (supplement for the Mason
County Resource Ordinance FWHCA Chapter):
MITIGATION MANUAL
4
FOR COMMON LINE SETBACKS
_ - Mason County
Department of Community Developm
Planning D'
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I . Introduction
Mason County contains several hundred miles
of lake and saltwater shorelines that provide Single-family residential development is a
unique recreational, commercial, and scenic preferred use of the state's shorelines, and
opportunities for residents and visitors while many local jurisdictions, including Mason
providing essential habitat functions for County, provide methods to reduce or
aquatic, avian, and terrestrial wildlife. extend shoreline setbacks for new single
family residences that are adjacent to existing
Without proper home siting and mitigation, homes. In order to compensate for the
single-family residential use can cause resulting impacts to fish and wildlife, mitigation
significant damage to the shoreline area and (usually in the form of planting vegetation) is
to existing neighboring properties through necessary. Although buffer encroachments
cumulative impacts from stormwater runoff, typically require mitigation, as detailed in a
septic systems, shoreline armoring, and Habitat Management Plan (MCC 8.52.170.1)
vegetation modification and removal. prepared by a qualified biologist, this manual
Therefore, in order to protect wildlife, shellfish provides a low cost alternative by outlining
beds, and scenic vistas, the Mason County the requirements for a Common Line
Resource Ordinance as well as the County's Mitigation Plan that may be prepared by the
Shoreline Master Program sets minimum property owner or designee.
habitat buffers and setbacks around our lakes
and saltwater shorelines.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 1
II . Standard Buffers and Setbacks
The Fish & Wildlife Habitat Conservation Areas Chapter of the Mason County Resource Ordinance
(RO) and the Mason County Shoreline Master Program (SMP) assign minimum habitat buffer widths
and standard structural setbacks to lakes and saltwater shorelines (see Table B-1&2 below).
Vegetated buffers intercept, infiltrate, and A shoreline or critical area setback is the
purify runoff; provide habitat to terrestrial, distance from a critical area beyond which a
avian, and aquatic wildlife; and reduce structure shall not extend. The standard
erosion. Development activities including setback is at least 15 feet greater than the
filling or excavating; surfacing with gravel or buffer widths found in Table B-1 and B-2. Most
concrete; siting or constructing structures, residential lots will have a Residential Shoreline
retaining walls, or septic tanks and drainfields; Environmental Designation, and therefore a
and cutting or otherwise harming trees, shrubs, buffer of 100 feet and a standard setback of
or native herbaceous vegetation should be 1 15 feet. The landward-mostl 5 feet of the
avoided. When site conditions prevent the setback may be cleared, graded, or
ability to develop outside of the buffer, landscaped and may contain a 200 square
compensatory mitigation such as planting foot (maximum) uncovered deck, provided
native vegetation is required. the deck floor is no more than one foot above
average grade.
Water Body
OHWM _ The minimum buffers and setbacks are
The buffer shall measured horizontally from and
remain in natural,
perpendicular to the Ordinary High Water
vegetated condition. Mark (OHWM) or from the bank's most
landward edge, whichever is greater. Click
,} ,n on the link in this paragraph for more
-� information.
m L
ra
ra
41
Table B-1 : Lakes* - Buffers and Setbacks
- -- - - - - - - - - - - - - - - --
15 feet _ _ deck _ _ _ Vegetated Buffer 100,
New Setback 115'
House *lakes that are 20 acres or greater
Figure B-1
Table B-2: Saltwater - Buffers and Setbacks
Shoreline
Environmental Designations--> Commercial Residential Rural Conservancy Natural
Vegetated Buffer 50' 100, 100, 150, 150'
Structural Setback 65' 115' 115' 165' 165'
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 2
If you are unable to
determine the OHWM, you
will need to apply to
Mason County
Department of Community
development for a Site
Pre-Inspection or you may
Trees grmmng an Iloahng peat choose hire a Fish and
floamg peat mat Wildlife Professional to
Fareme Nigh WaterlAork prepare a Habitat
_ mei wlnterl
lnar�,HighWaterMark Management Plan In lieu
Shonellne Edge EAreme Law Water of the Common Line
(ar�summer) Mitigation Plan.
Figure B-2
Definition of `ordinary high water mark': The mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual, and so
long continued in all ordinary years, as to mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally
change thereafter, or as it may change thereafter in accordance with permits issued by a local
government or the department.
III . Common Line Setback Reduction
The Resource Ordinance and Shoreline Master Program contains an administrative process, termed
"Common Line," for reducing setbacks for single-family residential development on lakes and
saltwater. However, before planning for your development to be near to the shoreline, you should
consider other potential factors such as floodplains (and resulting flood insurance costs and
floodplain construction standards), Landslide Hazard Area buffers and setbacks, as well as buffers
and setbacks for streams and wetlands. If there is a possibility that a floodplain, stream, landslide
hazard area, or wetland is adjacent to your proposed development, it is recommended that you
apply for a Site Pre-Inspection at the Mason County Permit Assistance Center in Building 8.
The FWHCA Chapter (MCC 8.52.170.D.3.b) of Mason County's Resource Ordinance allows for
reduced setbacks (without a Variance) for single family residential development on shoreline lots
created prior to December 5, 1996. This reduced setback is based on existing development on
neighboring properties.
Uncovered Deck Allowance: Up to 200 square feet of uncovered deck may project up to 15
feet waterward of the common line. A guard railing shall not exceed the minimum height
required by building code.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 3
Water Body
Where existing residences are on both
WM
sides of and within one hundred fifty feet
of the lot line of the subject lot, the setback 35'minimum
on the subject lot is determined by an
imaginary common line drawn across the UP —
� a
subject lot that connects the shore-side .mo red Coy1_Mon—�° � Ln
roof lines of the adjacent existing —— New m
residences (Figure B-3 and Figure B-4). House
L I
v m
a
Figure B-3cL
The reduced setback may not be less than Water Body
35 feet from the Ordinary High Water OHWM
Dncovered ___
Mark.
Deck
Except for the 200 square foot uncovered New L
deck allowance, locating a structure House Ln
within the 35 foot setback requires a to
Variance Application (with a Public
Hearing and a Habitat Management n
Plan).
-- ----- ------------- ------------- -
Kfeet---- ———————— ———————— —
v w
o a
Figure B-4 2
Where an existing residence is only on one Water Body
side of(and within one hundred fifty feet UHVVIVI
of the lot line of the subject lot), the 35'minimum
setback on the subject lot is determined by
an imaginary common line drawn from Uncovered
the shore-side roof line of the existing y
residence and across the subject lot to a �\ 3
point which is the standard setback from
the OHWM along the far lot line of the
subject lot (Figure B-5).
New
— ———————— —
House
v v
0 a
Figure B-S
Resource Ordinance (MCC 8.52.170)APPENDIX B December 20, 2021 Page 4
oy Water Body j
If the shoreline has a high degree �2i 30feet /
of curvature, the average set back to roof eve
7ofeet
from OHWM of the two existing to '
roof eve �
residences may be used rather than —�_ —---- _
the imaginary line between the
35'minimum
rooflines (Figure B-6). Q,
--6501 Average Setback 0
New �n
1 House �
Figure B-6
Water Body Additions
OHWM
The common line and
Common Fine Setback minimum 35 feet also applied
existing deck to additions, both attached
w
and unattached (Figure B-7).
35'minimum - --- ---- ---'-__---- U
CB
L-�230desk 1V. existing L }'—eye° f adjacent DJ
uncdockred louse house
r new Replacements
roofed m
adjacent structure Replacement of a legal non-
house
conforming structure, which
does not conform to the
common line setbacks, is
------ ------------------------- allowed provided the
15 feet replacement is within the
preexisting footprint. See
J MCC 8.52.170 for more
Q 6-
Figure B-7 a 2 details.
When the resulting common line setback is less than the standard setback (shown in Table B-1), a
Common Line Mitigation plan shall demonstrate that mitigation will be provided to offset the
potential impacts (resulting from the proposed development and use) to wildlife habitat. Areas
within the buffer shall not be cleared or otherwise disturbed until a Common Line Mitigation Plan
(with associated permits) has been approved by the Department of Community Development.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20,2021 Page 5
IV. Mitigation Standards co
1. A Common Line Mitivaaticn plan that meets the standards herein may
be prepared by the property owner or applicant, however it is
recommended that the applicant enlist the services of the Mason
Conservation District or that the applicant hire a landscape professional
to prepare the Common Line Mitigation Plan.
f
i
The applicant has the option to submit a more detailed
Habitat Management Plan prepared by a Fish and
Wildlife Professional, as long as it meets the standards in
MCC 8.52.170(J). Where a Habitat Management Plan
(MCC 8.52.17o.J) demonstrates no net loss of shoreline
ecological functions, mitigation may differ from subsection
V below.
2. Mitigation is not required for development that is outside of critical area buffers. However, other
applicable critical area, shoreline management, and stormwater management standards still
apply.
3. Based on required mitigation per this manual, a combination of mitigation options may be utilized
to achieve no net loss of shoreline ecological functions. In-kind measures are preferred over out-
of-kind measures. The following mitigation options (approved by the Department on a case by
case basis) may be utilized,where appropriate:
a. Transfer of Development Rights, if applicable and if
available.
b. Off site in-lieu fee (if available).
c. Documented restoration activities that have occurred
on the property within five years of the shoreline
development or redevelopment.
d. Other options from the Mason County Shoreline
Restoration Plan.
e. Other options identified in the City of Seattle's "Green
Shorelines: Bulkhead Alternatives for a Healthier Lake
Washington," or other guidance that provides options to
achieve no net loss of shoreline functions.
4. Best Management Practices: Refer to Appendix C of the Mason County Resource Ordinance
and to the Stormwater Manual for Western Washington for additional construction best
management practices. However, the recommendations in Appendix C for size of plants at time
of installation and the densities for planting do not apply to the Common Line Mitigation Plan.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 6
5. Mitigation Locations:
a. Planting or other mitigation options shall occur adjacent and parallel to the OHWM of the
shoreline as a first preference.
b. Depending on site conditions, mitigation may be allowed away from the shoreline edge and
outside of the buffer, if the actions would achieve greater ecological benefit or if the area
adjacent to the shoreline already contains native vegetation or mature non-native trees or
shrubs.
c. Mitigation areas may be dispersed within the buffer, as long as the areas closest to the
shoreline are preferred and the required number of plants is installed (see the "Mitigation
Area Ratios" section above).
7. Vegetative Planting Requirements:
a. Timing: Although most earthwork activities should be implemented during the driest season
of the year to minimize the risk of erosion-related impacts, installing vegetation should occur
during winter dormancy. If the planting cannot be completed prior to the construction of the
home, the planting should occur the first late Fall/Winter/early Spring (October through
March) following issuance of the building permit occupancy, provided that within two
months of installation, a letter shall be submitted to the Department stating the mitigation has
been complete.
This letter shall be signed/dated and contain the associated parcel number, address, and
permit number and shall be accompanied by one or more photos and receipts for plants. If
the required mitigation has not been completed within one year of occupancy, an
enforcement case will be opened, fines may be imposed, and a public hearing may be
scheduled.
b. Soil Preparation: Construction activities usually leave site soils badly compacted. But the
grading contractor can efficiently decompact the soil as the machinery leaves the site,
possibly mixing in amendments at the same time. The soil should be decompacted at least
12" deep. Once a site has been decompacted, do not allow heavy machinery back on it.
c. Mulching: Mulch reduces evaporation of moisture from the soil, reduces soil erosion and
compaction, reduces weed growth, insulates the soil from heat and cold, and eventually
provides nutrients and organic structure to the soil. Three (3) to four (4) inches of organic
mulch such as wood chips, straw, or leaves shall be distributed over the planting area (but
not within 2 inches of the stems/trunks of the planted vegetation). Or 2 inches of compost
followed by 2 inches of mulch may be applied to the area. Plastic or other inorganic
material shall not be used as mulch or as weed barriers.
d. Plant Species: See the "Planting Densities and Species" in subsection VI below.
e. Maintenance: The vegetated mitigation areas are intended to be protected and maintained
in perpetuity, although future alterations may be allowed with an approved Habitat
Management Plan and associated permitting. Installed plants that die shall be replaced the
following rainy season with live native species that are within or (or above) the same height
class. The vegetative mitigation area shall not be mowed or weed-wacked, and
pesticides/herbicides shall not be used. If non-native grasses crowd out native plants, they
may be pulled out and replanted with native grasses, ferns, and other groundcovers. If the
required mitigation has not been maintained, an enforcement case will be opened, fines
may be imposed, and a public hearing may be scheduled.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 7
V. Mitigation Area Ratios
Based on the dominant character of the WATER BODY
vegetation that will be cleared and/or
developed, different ratios of required cleared Mitigation Area . . .
areas to planting areas are required. The = X/2
following mitigation ratios shall apply to single-
family residential development utilizing the
common line reduced setback provisions QJ
provided in the FWHCA Chapter (17.01.1 10.D.2) Common Line(Reduced)
of Mason County's Resource Ordinance. structure setback
1. Planting Native Vegetation:
15 feet __
a. If the development area I within the ----------- Lawn - - -
buffer is predominantly lawn or clear Area Cleared
of shrubs and trees, the minimum within Buffer = X
required planting area is equal to one — — — — —
half(1:1/2) of the cleared area within
the buffer. See Figure B-8.
Figure B-8: Mitigation for Clearing Lawn or No
Vegetation within the Buffer
WATER BODY
b. If the development area within the
buffer is predominantly covered with
non-native shrubs or trees, the Mitigation Area
minimum required planting area is = X
equal (1:1)to the cleared area within
the buffer. See Figure B-9.
Common Line(Reduced)
Structure Setback
Non-Native Shrubs/Trees
Area Cleared
within Buffer = X
Figure B-9: Mitigation for Clearing Non-Native Vegetation
within Buffer
1"Development area"is defined as the area where development activities will take place. Development activities include
grading(filling,excavation,etc.)clearing,and the construction or the siting of structures.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 8
c. If the development area within the WATER BODY
buffer is predominantly covered with
native shrubs and/or trees, the Ilk
minimum required planting area is . .xx x`xxxri�,
equal to twice (1:2) the cleared area. xxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxx�
See figure B-10. � "
Mitigation:Area, I
>cxxxxx� xxxxxX- �
Common Line(Reduced) `
XXxxXXXX7CX7CXxX C
Structure Setback K3GXxxxxxkxxXxx)r �
�xxxxxXxxxxxx�
15 feet Native Shrubs/Trees
Area Cleared
within Buffer = X
Figure B-10: Mitigation for Clearing Native Vegetation
within the Buffer
2. Rain Garden Option: Rain garden installation may be utilized in lieu of the above replanting
specifications. It is recommended that rain gardens be designed and installed by a landscape
architect, the Mason Conservation District, or another professional trained in rain garden
construction. The professional shall prepare, sign, and date the Common Line Mitigation Plan and
agree to install the rain garden(s).
Rain gardens may not
be appropriate in all
F
Y7 •:�� locations due to soil
r' selected native type or slope. For
plants and additional guidance, see
filter strip hardy cultivars
Rain Garden Handbook
water flow i,
for Western Washington:
A Guide for Design,
impervious ^T planting Installation, and
surface retention and soil mix Maintenance,
filtration zone
Washington State
————————————— "" University Extension,
no liner or
filter fabric 2013.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 9
VI . Planting Densities & Species '
Planting should incorporate multiple heights (multi-storied) and at
least 5 different species of vegetation. At least 25 percent of the
mitigation shall consist of a, b, and/or c below. See Table B-3 on
the next page. ?�
a. Large Trees. The following trees can reach a height '
of 75 or more feet at maturity and shall be planted at
a density of 15 feet on-center: Big Leaf Maple, Black
Cottonwood, Douglas Fir, Grand Fir, Oregon White
(Garry) Oak, Red Alder, Sitka Spruce, Western
Hemlock, Western Red Cedar, and Western White
Pine.
b. Small Trees. The following trees can reach a height between 25 and 74 feet at maturity
and shall be planted at density of 12' feet on-center: Bitter Cherry, Black Hawthorn,
Cascara, Oregon Ash, Pacific Crabapple, Pacific Dogwood, Shore Pine, Vine Maple,
Pacific Willow, and Scouler's Willow.
c. Large Shrubs. The following shrubs can reach a height between 9 and 24 feet at
maturity and shall be planted at a density of 8 feet on-center: Sitka Willow, Western
Service Berry (tree), Beaked Hazelnut, Oceanspray, Orange Honeysuckle, Indian Plum,
Pacific Ninebark, Blue and Red Elderberry, Pacific Rhododendron, and Red Osier
Dogwood.
d. Small Shrubs. The following shrubs reach a height between 5 and 10 feet at maturity
and shall be planted at a density of 5 feet on-center: Baldhip Rose, Black Twinberry,
Clustered Wild Rose, Evergreen Huckleberry, Hairy Manzanita, Mock Orange, Nootka
Rose, Oregon Grape (tall), Red Flowering Currant, Red Huckleberry, Salal, Salmonberry,
Snowberry, Spirea,Thimbleberry, Wild Blackberry, and Kinnikinnick.
e. Ferns. Deer, Lady, Maidenhair, and Sword Ferns shall be planted at a density of 3 feet on-
center.
f. Grasses and Groundcovers. The following species shall be planted at a density of 1
1/2 feet on-center or less: Bunchberry, Deerfoot/Vanilla leaf, False Lily of the Valley, False
Solomon's Seal, Pacific Bleeding Heart, Western Trillium, and Wild Ginger. Native grasses,
sedges and other native species may be planted after showing that the site conditions
are suitable for the species.
V
42
_r
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 10
Table 13-3: Native Plant Species for Mitigation
t
29 N C -0 N
Common Name o w o V)i a V)i O 2
Big Leaf Maple X X X X X 70
x Black Cottonwood X X X X X Roots can invade pipes. 150
2
w Oregon White(Garry) Oak X X X X X 75
w
F- Red Alder X X X X X X 75
w
w Douglas Fir X X X X X 175
Grand Fir X X X X X X 175
U Sitka Spruce X X X X X 155
Western Hemlock X X X X 255
Western Red Cedar X X X X X 200
Bitter Cherry X X X X X 35
x Cascara X X X X X X X 35
y Oregon Ash X X X X X 60
Pacific Crabapple X X X X X 40
E~ Pacific Dogwood X X X X 25
Vine Maple X X X X X X 25
Willow, Pacific X X X X X 50
f Willow, Scouler's X X X X X 23
Black Hawthorn X X X X X Large thorns. 25
Shore Pine X X X X X X Salt tolerant. 33
Beaked Hazelnut X X X X X X 20
F- Elderberry, Blue and Red X X X R X X 20
m y Indian Plum X X X X X X 11
Oceanspray X X X X X 15
Orange Honeysuckle X X X X 15
w Pacific Ninebark X X X X X X 10
00
Red Osier Dogwood X X X X X X 15
QService Berry/Saskatoon X X X X X X 11
Willow, Sitka X X X X X 15
Pacific Rhododendron X X X X X 9
Black Twinberry/Bearberry Honeysuckle X X X X X 5
Huckleberry, Red X X X X X 7
Mock Orange X X X X X lFragrant. 8
Roses: Baldhip, Clustered, Nootka X X X X X X Prickly. 7
Red Flowering Currant X X X X X 8
Salmonberry X X X X X X Thorns. 7
Snowberry X X X X X X 4
n w Spirea X X X X X 6
QThimbleberry X X X X X X 6
�j Wild Blackberry X X X X X Prickly. Trailing.
1 Hairy Manzanita X X X 7
cn
Huckleberry, Evergreen X X X X X 4
Kinnikinnick X X X Trailing.
Oregon Grape,Tall X X X X X X 6
Salal X X X X X X 5
� m
Ferns: Deer, Lady, Maidenhair, Sword. L D S L S X D M L X X
y Oregon Grape, Low X X X X X X
li
Deerfoot/Vanillaleaf X X X X
UU False Lily of the Valley X X X X X
False Solomon's Seal X X X X
Pacific Bleeding Heart X X X X X
C7
N Western Trillium X X X
Native grasses,sedges,and other natives
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 11
VII . Common Line Mitigation Plan
` 4
The Common Line Mitigation Plan (CLMP) prepared by the property owner or _
designee shall be submitted to the Department of Community Development
(together with the Building Permit Application or Land Modification Permit
Application) on letter (8 '/2 by 11"), legal (81/2 by 14"), or 1 1 by 17" sized paper and shall contain the
following two pages (see example in Exhibit 1):
The first page shall be a mitigation site plan that contains the following elements:
1 . Location of the proposed development site including the address and parcel number.
2. Title "Common Line Mitigation Plan," the North arrow, the scale (1" equals 10, 20, 30, 40, or 50')
that the site plan has been drawn to, and "Page 1 of 2."
3. Adjacent road and shoreline water body shall be depicted and labeled. Clearly show the
Ordinary High Water Mark (or bulkhead, if one exists). If you are unsure of where the Ordinary High
Water Mark is located, either be conservative (show it more upland than where you suspect it is)
or schedule a site pre-inspection at the Mason County Permit Assistance Center.
4. Any streams, wetlands, and steep slopes shall be depicted clearly.
5. Existing development including buildings, driveway, bulkhead, retaining wall, dock, septic
drainfield, etc. If a structure will be demolished or removed prior to construction of the new
home, do not draw it on this site plan, but instead include the information on the second page.
6. In a different color ink (or highlight), show the proposed development including the maximum
development area (envelope), septic drainfields, retaining walls, fences, driveway and other
impervious surfaces (including graveled areas), and the footprint of the buildings including decks
and porches. Roof eves shall be depicted with a solid line and uncovered deck shall be
depicted with a dashed or dotted line.
Note: The side yard and front yard setbacks should comply with zoning codes(MCC Title 17)and should match
the site plan submitted for the building permit application.
7. The common line (or average setback) as determine using the "Common Line Setback" section
above or as determine from a Planning Department Site Pre-Inspection (recommended).
8. The required habitat buffer (100 feet from the OHWM on all lakes and on most saltwater except
those designated as Commercial, Conservancy, or Natural). See the table on page 2.
9. The mitigation/enhancement area(s). This should be located adjacent and parallel to the OHWM
of the shoreline as a first preference. Other locations may be allowed to protect existing mature
trees and shrubs or existing legally established structures.
10. Printed and signed/dated name of each property owner.
The second page shall contain the following:
The percentages of mitigation that you prefer for each size category (note: higher densities are
required for plants that reach smaller heights at maturity). Round to the nearest 5%. Letters a, b and
c shall total to at least 25% and a-f shall total to 100%. This second page should also include the
name and the quantity of each plant proposed.
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 12
VIII . Review of Common Line Mitigation Plans
1. Upon the submittal of a Building Permit Application along with a Common Line Mitigation Plan
(CLMP) and the review fee (HMP fee as adopted by ordinance), the County may use any
available aerial photos to gauge the pre-existing conditions or may inspect the site to confirm that
the CLMP correctly documented the preexisting conditions.
2. If the Department of Community Development deems the plan to be incomplete, inaccurate, or
ineligible, the application will be placed on `hold' and the applicant will be notified of the items
that are needed before development review can proceed.
3. If the applicant has submitted two successive CLMP's that are illegible or lacking the required
information, the applicant will be required to hire the Mason Conservation District or a landscape
professional to submit a plan that meets the above requirements, install the plants, and maintain
the enhanced area (for at least three years). Or, the applicant can choose to hire a Fish and
Wildlife Professional to prepare a Habitat Management Plan (per MCC 8.52.170.J).
4. The Department will inspect the proposed development site prior to approving the CLMP and prior
to permit issuance. The Department will decide if the proposed development area within the
buffer would qualify for 1:1/2, 1:1, or 1:2 mitigation planting.
5. Areas planted for mitigation are subject to final approval by the Department and must be
recorded with the County Auditor on a Notice on Title, or other similar document, prior to approval
of the project. Areas planted for mitigation are intended to be protected in perpetuity, although
future alterations may be allowed with an approved mitigation plan.
6. The pertinent application will be conditioned for the minimum planting area; the minimum number
of native trees, shrubs, ferns, and/or grasses to be planted; and the maximum development area
within the buffer.
IX. Additional Resources
PUBLICATIONS
"A Guide to Stream Corridor Revegetation in Rain Garden Handbook for Western Washington:
Western Washington," Washington Department of
A Guide for Design, Maintenance, and
Ecology and Washington State Conservation Installation.,"Washington State University
Commission. Extension. June 2013.
https://apps.ecology.wa.gov/publications/public
"Grow Your Own Native Landscape-A Guide to ations/1310027.pdf
Identifying, Propagating &Landscaping with
Western Washington Native Plants, Leigh, "Slope Stabilization Erosion Control Using
Michael. Native Plant Salvage Project, Vegetation:A Manual of Practice for Coastal Bluff
Washington State University Cooperative Property Owners," Pub #93-30, May 1993, WA
Extension,Thurston County, revised edition June Department of Ecology.
1999. WSU-CE order number MISC 0273. https://apps.ecology.wa.gov/publications/docu
ments/9330.pdf
"Restoring the Watershed:A citizen's guide to "Vegetation Management:Guide for Puget Sound
Riparian restoration in Western Washington," Pub Bluff Property Owners," Pub #93-31, May 1993, WA
OE95-1 1. Revised December 1997. Washington
Department of Fish and Wildlife. Department of Ecology.
https://apps.ecology.wa.gov/publications/docu
ments/9331.pdf
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 13
"At Home with Wetlands," Pub #90-31,WA "Streamside Planting Guide for Western
Department of Ecology. Washington," Pierce and Cowlitz County
https://apps.ecology.wa.gov/publications/d Conservation Districts, and Harza Northwest Inc.
ocuments/9031.pdf https://s3.wp.wsu.edu/uploads/sites/2079/2015/06
/streamside-planting-guide-for-western-
"Low Impact Development:Technical Guidance washington.pdf.
Development for Puget Sound," December 2012.
Washington State University Cooperative Extension "Green Shorelines: Bulkhead Alternatives for a
& Puget Sound Partnership. Healthier Lake Washington," City of Seattle
Department of Planning and Development.
"Drainfield Landscaping and Planting," (Flyer) http://www.seattle.gov/dpd/cros/groups/pan/@pa
Washington State University Cooperative n/documents/web_informational/dpdp025742.pdf
Extension.
"Landscaping Septic Drain Fields: Do's and Don'ts Landscaping with Native Plants in the Inland
for Planting on Drain Fields" (Flyer) Washington Northwest. Fitzgerald,Tonie Jean.Washington
State University Kittitas County Extension. State University Cooperative Extension,revised
https://s3.wp.wsu.edu/uploads/sites/2080/2014/02 June 2003 (6/2000). WSU-CE order number MISC
/Landscaping-Septic-Drain-Fieldsl l.pdf 0267. 35 pgs.
WEBSITES
WSU Extension's Website:
Gardening in Western WA Rain Gardens.
http://gardening.wsu.edu/home/. http://www.I2000raingardens.org/index.phtml
Washington Native Plant Society's Website. Native Plants for Western Washington Gardens and Restoration
Projects. https://www.wnps.orgg/plants
King County's Website. Create Your Own Native Plant Landscape: httl2://areen.kinacounty.aov/donative/
Shore Stewards' Website.httl2s://soundwaterstewards.ora/web/
Greenbelt Consulting's Website. www.greenbeltconsultina.com/index.html
LOCAL AGENCIES
Mason County WSU Extension. Provides guidance,
design, sometimes funding for restoration projects.
https://extension.wsu.edu/mason/
303 N 4th Street,Shelton, WA 98584-3417
Phone: (360) 427-9670
Mason County Department of Community
Development. Provides local development and
permitting requirements.
615 W. Alder Street,Shelton,WA 98584
Phone: (360) 427-9670 Ext.352
Mason Conservation District. Provides guidance,
design,sometimes funding for restoration
projects. Annual native plant sale.
www.masoncd.ora/
450 W Business Park Road,Shelton, WA
98584 Phone: (360) 427-9436
Resource Ordinance(MCC 8.52.170)APPENDIX B December 20, 2021 Page 14
Resource Ordinance APPENDIX C:
BEST MANAGEMENT PRACTICES FOR HABITAT MANAGEMENT
PLANS
During Construction
• Perform any excavation and grading work during dry weather
• Install silt fencing around the work area to prevent erosion and siltation of marine and riverine waters.
• Minimize amount of erodible soils at any given time to the maximum extent feasible.
• Check all equipment daily for leaks. Refueling and lubrication of equipment should occur offsite. Don't
store any fuel, lubricants, chemicals, or hazardous substances overnight within the project area.
• Do not apply any chemicals when there is a possibility of rain.
• Comply with all permits and requirements of the government authority or agency.
Stream Buffer Protection
Existing trees and other native vegetation within the stream buffer should again be left undisturbed in areas
outside of the proposed construction zone. Any storage or stockpiling of construction materials associated
with construction or ensuing occupancy of the residence should take place within a designated construction
zone in order to limit impacts to the buffer. The banks and channel of the stream should not be used for
foot traffic since this would damage vegetation and increase erosion along the stream channel. Logs that
currently exist within the stream channel should not be removed or disturbed and future downed woody
debris should be encouraged.
Nurse Log Placement
Overstory trees at least 4 inches diameter at breast height removed from the reduced buffer should be
placed within the protected buffer to proved nurse log habitat. The logs could be segmented into 10-15 foot
pieces to facilitate transport but would best be left as long as possible. It is recommended that these logs be
placed randomly throughout the buffer to mimic natural distribution.
Construction Phase Best Management Practices
An increase in the amount of impervious surface is a concern whenever new buildings are constructed.
Impermeable surfaces, such as roads, rooftops and drive ways, cause more rain to run off at accelerated
rates and less water to infiltrate back into the soil (Leedy and Adams 1984). To prevent increased erosion
and impacts to water quality, runoff from the building and other impervious surfaces may require a storm
water management plan that diverts this runoff away from the ground surface and back into the ground.
Other good examples of Low Impact Development techniques are provided in the "Low Impact Development
Technical Guidance Manual for Puget Sound" prepared by Puget Sound Action Team and WSU Extension
2005.
Best Management Practices (BMPs) need to be adhered to throughout the construction phase.
• Appropriate erosion control devices, such as silt fencing, mulch berms, and erosion control matting
should again be used if needed during all aspects of the construction phase to mitigate potential erosion
and runoff into the stream.
• The most important goal during the construction phase is to consolidate the time period in which heavy
earthmoving machinery is used. Earthwork activities should be implemented during the driest season of
the year to minimize the risk of erosion-relate impacts to the stream. Any work requiring use of this type
of equipment(such as site grading, road building, grubbing, cutting and filling) should also be
Resource Ordinance (MCC 8.52)APPENDIX C December 20, 2021 Page 1
implemented over short periods or events. This should avoid continued and prolonged disturbance of
the environment with heavy equipment, as would be the case if the work occurred over multiple and/or
unconsolidated events.
• Construction activities should be confined to discrete areas of the site to minimize disturbance to native
vegetation in the buffer.
• No construction debris or supplies should be placed in existing forested areas or anywhere along the
stream bank.
• Coinciding with, or immediately subsequent to the completion of the construction work,the restoration
and stabilization of bare ground should occur. Restoration and stabilization phases include the
application of a native seed mix and landscape stabilization of any cut and filled areas. Native species of
plants should be used in transition zones between the construction area and undisturbed native
vegetation.
The suggested BMP's focus on reducing increases in impervious surfaces, preserving hydrologic functions,
and controlling potential adverse impacts to water quality.
• Clearly mark clearing limits with orange construction fencing;
• Install silt fencing at the clearing limits to prevent surface runoff, erosion , and water quality degradation;
• Cover or mulch bare areas to prevent surface erosion
• Hydroseed disturbed areas with a slurry of native grass seed, mulch, and tackifier as soon as possible
following completion of construction and at a minimum before the onset of fall rains;
Re-vegetation and planting
Earthwork
No machinery earthwork will be necessary to implement this restoration plan; planting holes for specified
vegetation installation will be hand dug. No additional clearing or grading should be required for site
restoration.
Native Plantings
It is recommended that native plantings be installed within 10 foot wide restoration zones in linear strips
extending across the site parallel to the edge of the buffer to achieve the following densities:
Trees—10' on center
Shrubs—5' on center
Ferns—4' on center
The general plan calls for installing single trees, or clusters of three shrubs, on approximate 10-foot centers.
Each row will alternate between 5 trees+3 shrub clusters or 4 trees+4 shrub clusters starting from the
edge closest to the identified critical area proceeding to the edge of the buffer. Specifically for stream ravine
replanting, cedar will be the first type of tree installed within the first row at the top of the ravine, and then
incrementally changing one cedar tree to a fir through the first six rows, with all fir trees thereafter or to the
edge of the buffer whichever comes first. Exact placement of installed materials will be up to the landscape
installer,following the basic 10-foot spacing pattern prescribed. Finally, a native ground cover planting or
sword fern will be randomly installed throughout the planting row on average four-foot centers.These
densities have been selected to provide a moderately dense, structurally diverse plant community within the
restoration area. Volunteer native vegetation can be counted towards the target densities of restoration
plants.
Typical native plant species that may be used with the restoration zone include:
Resource Ordinance (MCC 8.52)APPENDIX C December 20, 2021 Page 2
Trees: Western red cedar (Thuja plicata)—2 or 3 gallon
Douglas fir (Pseudotsuga menziesii)—2 or 3 gallon
Western hemlock (Tsuga heterophylla) - 2 or 3 gallon
Grand fir(Abies grandis)—2 or 3 gallon
Cascara (Rhamnus purshiana)—2 or 3 gallon
Cottonwood (Populus balsamifera)—2 or 3 gallon
Shrubs: nootka rose (Rosa nutkana)—1 gallon
salmonberry(Rubus spectabilis)—1 gallon
salal (Gaultheria shallon)—1 gallon
evergreen huckleberry(Vaccinium ovatum)—1 gallon
twinberry(Lonicera involucrate)— 1 gallon
snowberry (Symphorocarpus albus)—1 gallon
elderberry(Sambucus racemosa)—1 gallon
red osier dogwood (Cornus stolonifera)—1 gallon
Ferns: sword fern (Polystichum munitum)—1 gallon
All planting should occur during winter dormancy. The optimum time for planting is from February to
March.
Installation
Installation of the prescribed vegetation will be performed by qualified landscapers familiar with planting of
native vegetation in natural settings. Installation will be performed only after home construction on the
property is completed to avoid damage to the plantings from construction activities.All installed vegetation
shall be marked with colored flagging to facilitate monitoring inspections. A separate "as-built" plan will be
provided by the landscaper if the planting pattern or schedule deviates from that listed within this
document.
Fertilizing
Artificial fertilizer may be applied to each planting hole in the form of"slow-release"tablets or some other
similar material. However, general broadcast fertilization MAY Not be used within the landscape planting
area.
Maintenance
Maintenance of the installations will be the responsibility of the landscape installer. Maintenance is to
include and weeding or watering necessary to ensure plant survival for up to one year after the date of
installation.
Habitat Conservation Measures
In general, proposed measures to protect habitat focus on promoting natural succession of native plant
communities and increasing structural diversity and complexity.
• Minimize clearing and conversion of forest habitats to other uses, particularly within the stream and lake
buffers;
• Retain larger conifers wherever possible; if trees are removed, use/retain large woody debris (LWD) in
native plant communities to be retained. Retained LWD can be installed vertically or horizontally to
provide habitat for woodpeckers, including pileated woodpecker.
• Retain and/or salvage downed large woody debris and western red cedar stumps;
• Thin dense, immature (sapling) red alder and underplant with native conifers to promote more rapid
natural succession to later serial phase forest types;
• Enhance native plant communities by removing invasive and non-native species, such as Himalayan
blackberry, and planting native trees and shrubs;
Resource Ordinance (MCC 8.52)APPENDIX C December 20, 2021 Page 3
• Plant native shrubs and trees in the stream buffer, such as willows (Salix sp.), re-osier dogwood (Cornus
sericea); and black twinberry(Lonicera involucrata). These will increase structural diversity and buffer
functions, such as retention of organic matter and increasing shade and thermal protection.
Monitoring the success of the planting
Monitoring of the installed vegetation will be performed annually for three years following installation.
Monitoring will entail inspection of each planted specimen for survival and vigor, and will be performed in
August or September of each monitoring year. In addition, two photo points will be established that portray
the planting area from each side of the property. A brief letter report summarizing monitoring findings will
be submitted to Mason County Planning by 1 October of each monitoring year.
Contingency
If mortality of the installed vegetation exceeds 10%for trees, 20%for shrubs and ferns, all dead materials
will be replaced a 1:1 ratio. If mortality is related to an inappropriate species for the site conditions,
adjustments to the Plant Schedule may be made to replant with a species more like to survive.
Monitoring of the site will begin the first fall following tree planting and maintained on a seasonal basis. The
information gathered will provide the following:
1) condition of reintroduced plant species;
2) the use of the site by wildlife species;
3) any disturbance caused by the development and its effect on protected zones and associated aquatic
habitat;
4) any occurrence of exotic species within the restoration zones;
5) any corrective measures that may be deemed necessary to provide desired conditions. This monitoring
will be in effect for the duration of three years. The information gathered will be provided in an annual
report and submitted to the Director of Mason County Department of Community Development.
On-going homeowner responsibilities
Suggested BMP focus on reducing increases in impervious surfaces, preserving hydrologic functions, and
controlling potential adverse impacts to water quality.
• Infiltrate clean runoff from impervious surfaces such as roofs using infiltration trenches to maximize
groundwater recharge. Avoid using roofing materials, such as zinc-coated products,that could contribute
metals to surface waters;
• Properly maintain septic system to avoid septic system failure;
• Landscape with native plants and use mulch and drip irrigation to reduce water consumption, conserve
water, and reduce cumulative help maintain instream flows in downstream surface waters;
• Use low flow toilets and shower heads to conserve water and reduce water consumption;
• Avoid use of herbicides and pesticides,which may adversely affect native flora and fauna, as well as pest
species;
• Use porous pavement or gravel instead of asphalt or concrete for the driveway to reduce stormwater
runoff; use biofiltration swales or infiltration trenches to promote removal of pollutants and promote
groundwater recharge.
Home Owners Best Management Practices
Residents living by the unique stream environments have a continuing responsibility for maintaining the
conditions that provide the function of the stream.
• Soil or yard waste must not be dumped anywhere within the buffer so that it may enter the stream.
Resource Ordinance (MCC 8.52)APPENDIX C December 20, 2021 Page 4
• Runoff from the building and other impervious surfaces should be directed to sub-surface trenching that
diverts runoff away from the ground surface and back into the ground, or according to the stormwater
management plan that has been approved for the site.The erosion of soil or the forming of channels
should be prevented. These efforts will prevent increased erosion and impacts to water quality.
• The occupants of the residence should also promote landscaping with native species.
• Landscaping around the construction zone should be compatible and blend with the native buffer.
• Bird boxes should be built or purchased and placed on the property to promote avian wildlife. Bird boxes
can be built and placed on snags or live trees according to the bird species requirements that may be
most likely to utilize habitat at the site. Guidance on bird boxes is available from the Mason Conservation
District.
Stream Buffer Protection
• Existing trees and other native vegetation within the stream buffer should again be left undisturbed.
• Any storage or stockpiling of materials should take place outside of the buffer in order to limit impacts to
the buffer.
• The banks and channel of the stream should not be used for foot traffic since this would damage
vegetation and increase erosion along the stream channel.
• Logs that currently exist within the stream channel should not be removed or disturbed and future
downed woody debris should be encouraged.
Functions and values of the forested area between the proposed residence and the marine shoreline should
be maintained through the following measures:
• Do not remove overstory trees (view corridors can be established or maintained by limbing the trees to
the minimum extent necessary)
• Shoreline access should be limited to a 3-foot wide path,with stairs when necessary, to concentrate all
foot traffic through a single corridor.
• Species such as English Ivy and Himalayan blackberry should be removed and prevented from further
invading the site. This can be accomplished through persistent cuttings during the growing season.
• Sites where invasive species are removed should be replanted using native species.
Resource Ordinance (MCC 8.52)APPENDIX C December 20, 2021 Page 5