HomeMy WebLinkAbout178-02 - Ord. Amending the Mason County Shoreline Master Program ORDINANCE NUMBER 178 - 02
AMENDMENTS TO THE MASON COUNTY SHORELINE MASTER PROGRAM
AN ORDINANCE amending the Mason County Code Title 7 Mason County Shoreline Master Program,
by deleting Chapter 7 . 12 Administration, Chapter 7 . 13 Procedure , and Chapter 7 . 32 Inspection,
Enforcement, and Penalties , and revising definitions and other regulations to come into compliance with
Shoreline Management Act amendments, under the authority of Chapters 36 . 70 and 36 . 70A RCW .
WHEREAS , the purpose of this amendment is to move enforcement processes to Title 15 , move Shoreline
Master Program administrative and procedural , including permit, processes to Title 15 , and to update the
Shoreline Master Program, as a result of regulatory reform updates ;
WHEREAS , Mason County intends to further update its Shoreline Master Program once new valid
shoreline rules are adopted by Department of Ecology;
WHEREAS , the Board of County Commissioners adopted the Title 15 standards and procedures regarding
administration, review and approval, enforcement, and appeals in a public hearing on December 17 , 2002 ;
WHEREAS , the Department of Community Development prepared those ordinance changes that added the
permit application and review procedures of the Mason County Shoreline Master Program to the standards
of Title 15 Mason County Development Code ; and prepared the Mason County Shoreline Master Program
text that deleted the chapters on administration, procedure , and inspection, enforcement, and penalties .
WHEREAS , the Mason County Planning Advisory Commission formulated their recommendation to
approve the proposed Shoreline Master Program revisions after a public hearing on October 7 , 2002 ;
WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on
November 19 , 2002 and December 17 , 2002 , to consider the recommendations of the Planning Advisory
Commission, and the Mason County Department of Community Development and citizens ' testimony on
these proposed changes to the Shoreline Master Program;
WHEREAS , the Mason County Board of County Commissioners has approved findings of fact to support
its decision as ATTACHMENT A;
NOW, THEREFORE , BE IT HEREBY ORDAINED , that the Board of County Commissioners of Mason
County hereby approves and ADOPTS the revisions to the Mason County Code Title 7 Mason County
Shoreline Master Program, by deleting Chapter 7 . 12 Administration, Chapter 7 . 13 Procedure , and Chapter
7 . 32 Inspection , Enforcement, and Penalties , , and revising outdated definitions and other regulations to
come into compliance with Shoreline Management Act amendments, as described by ATTACHMENT B .
Ordinance No . 178 - 02
Page 2
DATED this day of December 2002 .
Board of County Commissioners
Mason County, Washington
ATTEST :
Wesley E. hnso , Chair d'
Clerk of the Board
Herb aB ze , Commissioner APPROVED AS TO FORM :
OF
4Jayni n, Commis loner Deputy Prosecuting Attorney
ATTACHMENT A
AN ORDINANCE AMENDING TITLE 7 MCC
MASON COUNTY SHORELINE MASTER PROGRAM
MASON COUNTY BOARD OF COMMISSIONERS
December 17, 2002
FINDINGS OF FACT
1 . Under consideration is the proposed ordinance to amend the Mason County Code Title 7
Mason County Shoreline Master Program, by deleting Chapter 7 . 12 Administration, Chapter 7 . 13
Procedure, and Chapter 7 . 32 Inspection, Enforcement, and Penalties , and revising definitions and
other regulations to come into compliance with Shoreline Management Act amendments .
2 . The Mason County Shoreline Master Program provides the review standards for
proposed development along the lake, river and saltwater shorelines of Mason County . To date ,
these standards have included permit application and review procedures, including decision-making,
appeal , and enforcement procedures .
3 . Mason County Department of Community Development received public comments from
Washington Department of Ecology during the revision of the Title 15 Development Code to
meet a consolidated permit review procedures . In response , Department of Community
Development staff prepared Title 15 revisions that added these permit application and review
procedures to the standards of Title 15 Mason County Development Code and deleted these
chapters from the Mason County Shoreline Master Program.
4 . At the October 7 , 2002 Mason County Planning Commission meeting, the Department of
Community Development proposed the Shoreline Master Program changes to delete Chapter 7 . 12
Administration, Chapter 7 . 13 Procedure, and Chapter 7 . 32 inspection, Enforcement, and
Penalties . Following discussion on these text deletions and the revision of definitions and other
regulations to come into compliance with Shoreline Management Act amendments, the Planning
Advisory Commission members passed a motion to recommend the proposed revisions be
approved .
5 . At the November 19 , 2002 and December 17, 2002 public hearing, the Board of County
Commissioners heard the Department of Community Development staff report summary and
considered the testimony from county staff and the public concerning the proposed revisions to
the Mason County Shoreline Master Program Development, prepared by Department of
Community Development staff.
FROM THE PRECEDING FINDINGS , the Mason County Board of Commissioners considered
the ordinance revisions , staff report, and public testimony, and adopts a motion to approve the
amendments of the Mason County Code Title 7 Mason County Shoreline Master Program, by
deleting Chapter 7 . 12 Administration, Chapter 7 . 13 Procedure, and Chapter 7 . 32 Inspection,
Enforcement, and Penalties , and revising definitions and other regulations to come into
compliance with Shoreline Management Act amendments .
Chair, Mason County Boar of Commissioners Date
ATTACHMENT
MASON COUNTY
SHORELINE MASTER PROGRAM
MASON COUNTY CODE TITLE 7
Prepared by Mason County Department of Community Development
Amended August 12 , 1975
March 1 , 1988
December 17 , 2002
TABLE OF CONTENTS
Chapter 7 . 04 : General Provisions 1
Chapter 7 . 08 : Definitions 3
Chapter 7 . 16 : Project Classifications 11
Chapter 7 . 16 . 010 : Agriculture 14
Chapter 7 . 16 . 020 : Aquaculture 16
Chapter 7 . 16 . 030 : Forest Management Practices 18
Chapter 7 . 16 . 040 : Commercial Development 20
Chapter 7 . 16 . 050 : Marinas 23
Chapter 7 . 16 . 060 : Mining 25
Chapter 7 . 16 . 070 : Outdoor Advertising, Signs , Billboards 28
Chapter 7 . 16 . 080 : Residential Development 29
Chapter 7 . 16 . 090 : Utilities 34
Chapter 7 . 16 . 100 : Ports And Water-Related Industry 35
Chapter 7 . 16 . 110 : Shoreline Modification Activities : Bulkheads 36
Chapter 7 . 16 . 120 : Shoreline Modification Activities : Breakwaters , Jetties
And Groins 38
Chapter 7 . 16 . 130 : Landfill 40
Chapter 7 . 16 . 140 : Dredging 41
Chapter 7 . 16 . 150 : Flood Protection And Shoreline Stabilization 43
Chapter 7 . 16 . 160 : Transportation Facilities 45
Chapter 7 . 16 . 170 : Piers And Docks 47
Chapter 7 . 16 . 180 : Archaeological Areas And Historic Sites 50
Chapter 7 . 16 . 190 : Recreational Development 51
Chapter 7 . 24 : Environment Designations 54
Chapter 7 . 28 . 010 : Conditional Uses 62
Chapter 7 . 28 . 020 : Variances 63
Chapter 7 . 36 : Miscellaneous 64
Mason County Shoreline Master Program
Chapter 7 . 04 : General Provisions
Sections :
7004 . 010 Title
7 , 04 , 020 Purpose
7004 , 030 Application of Regulations
7 , 04 , 040 Authority
7 , 04 . 010 Title .
This title shall be known and maybe cited as " The Mason County Shoreline Master Program. "
7 . 04 . 020 Purpose
This ordinance is intended to carry out the responsibilities given Mason County by the Shoreline
Management Act of 1971 (RCW 90 . 58 ) . The actual purpose of these regulations is thus the same
as the purpose of the Act itself, which is summarized and paraphrased as follows :
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.
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 .
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 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 . 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 , 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 .
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 . 580020) 6
7 . 04 . 030 Application of Regulations . These regulations shall apply to all the lands and waters
which are designated in WAC 173 - 18 , WAC 173 -20 , and WAC 173 -22 to be under the
jurisdiction of the Shoreline Management Act of 1971 .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 1
7 . 04 . 031 These regulations shall apply to every person, firm, corporation, local and state
governmental agencies and other non-federal entities which would develop , use , or own lands,
wetlands , or waters under the control of the Master Program.
7 . 04 . 032 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, 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. Change of use within
shoreline jurisdiction may require a Conditional Use Permit .
b . Part of the property is in the shoreline , 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 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 .
7 . 04 . 033 Developments and Uses Subject to Several 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, Landfilling,
Marinas " , etc . A proposed development must be reviewed for consistency with the regulations of
each applicable section.
7 . 04 . 034 Unspecified Uses . 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 must be
reviewed as a Conditional Use and Performance Standards relating to the most relevant category
shall be used.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 2
Chapter 7 . 08 : 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 which 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 Living Quarters . Separate living quarters attached or detached from the primary
residence which contain less habitable area than the primary residence and which are used by
guests , employees, or immediate family members of occupant of primary residence ; PROVIDED
no accessory living quarters shall be rented or leased, and are subject to all Health Department
requirements .
Act Shoreline Management) . Act adopted by state legislature in 1971 which defines shoreline
jurisdiction and authorizes the development of Shoreline Master Programs .
Administrator. The Director, Mason County Department of General Services .
Advisory Board Shorelines) . A board, appointed by the Board of County Commissioners ,
Agricultural 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 .
Agriculture . The farming or raising of livestock, crops , berries , fruit, nursery stock on land, and
may require development such as buildings , feed lots, fences , ditches , bridges, ponds , wells,
grading, as well as use of native pasture and woodlots .
Application . A Substantial Development Permit application, Variance Permit application,
Conditional Use Permit application, or Exemption application.
Appurtenant Structure . A structure which is necessarily connected to the use and enjoyment of a
single-family residence and is located landward of the ordinary high water mark and where
applicable is located landward of the perimeter of a marsh; swamp, or bog. Normal appurtenant
structures include a garage ; deck; driveway; utilities ; grading which does not exceed 250 cubic
yards (except to construct a conventional drainfield), storage shed (one story - less than 600 square
feet) , woodshed, pump house and upland retaining wall.
Aquaculture . Aquaculture involves 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.
Aquaculture Practices . Any activity directly pertaining to growing, handling, or ha.,jesting of
aquaculture produce including but not limited to propagation, stocking, feeding, disease and pest
treatment, waste disposal, water use, development of habitat, maintenance and construction of
necessary equipment building and growing areas .
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 elevations at the center 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 ordinary high water.
Biological Wetlands . Any shoreline area where the natural vegetation is dominated by aquatic
plants and the water table is at surface grade on a periodic or seasonal basis ; including but not
limited to bogs , marshes, swamps, marine and estuarine shore .
Board. The Board of County Commissioners of Mason County.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 3
Boat house . Any walled and or roofed structure built on shore or offshore for storage of watercraft
or float planes .
Boat Ramp . An inclined slab , set of pads, planks , or graded slope used for transferring marine
vessels or equipment to or from land or water.
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 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 .
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.
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. The primary use is for retail or wholesale trade or other business
activities .
Community Dock. A dock development providing moorage for pleasure craft and recreational
activities for use in common by residents of a certain subdivision or community. Marinas are not
considered community docks .
Commercial Feedlot. 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 . Said enclosure/facility for commercial livestock.
Conditional Use . The purpose of a Conditional Use Permit is to allow greater flexibility in varying
the 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 local government or the department to prevent undesirable effects of the proposed
use .
Conservancy Environment. Conservancy environment means that environment in which the
objective is to protect, conserve and manage existing natural resources and valuable historic and
cultural areas in order to ensure a continuous flow of recreational benefits to the public and to
achieve sustained resource utilization .
The Conservancy Environment is for those areas which are intended to maintain their existing
character. The preferred uses are those which are by nature non-consumptive of the physical and
biological resources of the area.
Non-consumptive used are those uses which can utilize resources on a sustained yield basis while
minimally reducing opportunities for other future uses of the resources in the area. Activities and
uses of a nonpermanent nature which do not substantially degrade the existing character of an area
are appropriate uses for a Conservancy Environment. Examples of uses that might be predominant
in a Conservancy Environment include diffuse outdoor recreation activities , timber harvesting on a
sustained yield basis , passive agricultural uses such as pasture and range lands and other related
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 4
uses and activities . Compatible commercial uses are low intensity and low impact activities such
as small camping or picnic facilities (less than ten spaces) , aquacultural retail booths (less than 600
square feet) and cottage industries when the operation is entirely contained within the primary
residence excluding outbuildings , PROVIDED , such commercial activities must not alter the
character of the Conservancy Environment.
The designation of Conservancy Environments should seek to satisfy the needs of the community
as to the present and future location of recreational areas proximate to concentrations of
population, either existing or projected.
The Conservancy Environment would also be the most suitable designation for those areas which
present too severe biophysical limitations to be designated as Rural or Urban Environments . Such
limitations would include areas of steep slopes presenting erosion and slide hazards , areas prone to
flooding, and areas which cannot provide adequate water supply or sewage disposal .
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 and minor commercial
development and substantial developments under this Master Program provided they do not alter
the character of the site as a residential property and wholesale and retail trade is minimal . Cottage
Industries must comply with all applicable County Ordinances and require a Conditional Use
Permit .
County. Mason County.
Covered Moorage . A roofed, floating or fixed offshore structure for moorage of watercraft or float
planes .
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 .
Department. The Washington State Department of Ecology (WDOE) .
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 state of
water level .
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, used as a landing place for marine
transport, or for commercial or recreational purposes .
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 , ditches or biological
wetlands ; maintenance dredging and other support activities are included in this definition.
Dredge Spoil . The material removed by dredging.
Drift Sector. A segment of the shoreline along which littoral along 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.
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 .
Emergency Repair. Emergency construction necessary to protect property from damage by the
elements as per WAC 173 - 14 -040 (d) .
Environment Designations Map . The official map associated with this Master Program and
adopted by ordinance which shows the jurisdiction of the Act and this Program and the boundaries
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 5
of the environments .
Exemption. Those developments set forth in WAC 17344 -040 which do not meet the definition
of Substantial Development under RCW 90 . 98 . 030(3 ) (e) . (See Chapter 7 . 13 . ) Exemptions shall
be construed narrowly.
Extreme Low Tide . The lowest line on the land reached by a receding tide .
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 across the channel or inlet .
Floodway. Those portions of the area of a river valley lying streamward from the outer limits of a
watercourse upon which flood waters are carried during periods of flooding that occur with
reasonable regularity, although not necessarily annually, said floodway being identified, under
normal condition by changes in surface soil conditions or changes in types or quality of vegetative
ground cover condition. The floodway shall not include those lands that can reasonable 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 . The
limit of the floodway is that which has been established in flood regulation ordinance maps or by a
reasonable method which meets the objectives of the Act (WAC 173 -2M30 (3 )) .
Floodplain . One hundred year floodplain and means that area susceptible to being inundated by
stream derived waters with a one percent chance of being equaled or exceeded in any given year .
Forest Practices . Any activity conducted on or directly pertaining to forest land 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 , and
(9) slash and debris disposal .
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
forest lands is considered under Industry.
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 .
Hearings Board. The State Shorelines Hearings Board established by the Act in RCW 90 . 58 . 170 .
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 .
Home Occupations which require more than $2 , 500 in exterior development costs require a
Substantial Development Permit .
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 .
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 .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 6
Joint-Use Private Dock. A dock or float for pleasure craft moorage or water sports for exclusive use by two
or more waterfront lot owners, excluding marinas .
Landfill . The creation of or addition to a dry upland area by depositing materials . Depositing topsoil in a
dry upland area for normal landscaping purposes is not considered a landfill .
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. )
Marina. A commercial moorage with or without dry storage facility for over ten pleasure or commercial
craft excluding canoes , kayaks and rowboats . Goods or services related to boating may be sold
commercially. Uses associated with marinas shall conform to the regulations for these uses .
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. The enforceable provisions of the Master Program are embodied in this ordinance .
Mean Higher Him. The elevation determined by averaging each day's highest tide in a particular
saltwater shoreline area over a period of 18 . 6 years .
Minim?. The removal of sand, gravel, minerals or other naturally occurring materials from the earth .
Multifamily 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 .
Natural Environment. The natural environment is intended to preserve and restore those natural resource
systems existing relatively free of human influence . Local policies to achieve this objective should aim to
regulate all potential developments degrading or changing the natural characteristics which make these areas
unique and valuable .
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 .
Normal Maintenance . Those usual acts to prevent a decline, lapse or cessation from a lawfully established
condition.
Normal Repair. To restore a development to a state comparable to its original condition within a reasonable
period after decay or partial destruction except where repair involves total replacement which is not
common practice or causes substantial adverse effects to the shoreline resource or environment (WAC 173 -
14-040 (b)) . A reasonable period of time for repair shall be up to one year after decay or partial destruction,
except for bulkhead replacement which shall be allowed up to five years. Total replacement which is
common practice includes but is not limited to floats , bulkheads and structures damaged by accident, fire
and the elements .
Normal Protective Bulkhead (also referred to as " erosion control 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 .
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 and 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 tide and the
ordinary high 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. (WAC 173 -22-030 as amended)
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
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 7
Pier. An open pile structure generally built from the shore extending out over the water to provide moorage
for private recreation, commercial or industrial watercraft and/or float planes .
Plot Plan. An area drawing to scale of proposed project showing existing structures and improvements
including wells, septic tanks and drainfields , proposed structures and other improvements and the line of
ordinary high water.
Port Development . 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 water- ways ,
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 port operations , boat building or repair. The
latter group are considered as industrial or accessory to other uses .
Recreational Development . Recreational development includes facilities such as campgrounds , recreational
vehicle parks, day use parks , etc . .
Residential Development . The development of land or construction or placement of dwelling units for
residential occupancy.
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 .
Road and Railway Development . Includes also related bridges and culverts , fills , embankments , causeways ,
parking areas , truck terminals and rail switchyards , sidings and spurs . These are addressed under
" Recreation and Forest Practices " .
Rural Environment. The Rural Environment is intended to protect agricultural land from urban expansion,
restrict intensive development along undeveloped shorelines , function as a buffer between urban areas , and
maintain open spaces and opportunities for recreational uses compatible with agricultural activities .
Shorelands . Those lands extending landward for 200 feet in all directions as measured on a horizontal plane
from the ordinary high water mark, floodwav and contiguous floodplain areas landward 200 feet from such
floodwav, and all marshes, bogs swamps and river deltas associated with the streams lakes and tidal waters
which are subject to the provisions of the Act and this ordinance .
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 . 5 &030 (2)(e) , and,
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 .
Shorelines of the State . The total of all " shorelines " and shorelines of " state-wide significance " .
Shoreline Permit. One or more of the following permits : Substantial Development Permit, Conditional Use
Permit , or Variance .
Single Family Residence . A detached dwelling designed for and occupied by one family, including those
structures and developments within a contiguous ownership which are normal appurtenance .
Structure . A building or edifice of any kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner.
Subdivision . The division or redivision of land for purposes of sale , lease or transfer of ownership into five
or more lots, any one of which is smaller than five acres or one one-hundred-twenty-eighth of a section of
land.
Substantial Development. Any development of which the total cost or fair market value exceeds Five
Thousand ($ 5 ,000) Dollars , or any development which materially interferes with normal public use of the
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 8
water or shorelines of the state ; except that those developments delineated in Chapter 15 . 09 . 055 MCC are
exempt from the Substantial Development Permit process 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 .
UUland . Those shoreline areas landward of OHWM except berms , backshores, natural wetlands, and
floodplains .
Urban Environment. Those shorelines designated for urban uses provided that industrial development is
prohibited in all categories except the urban industrial designation . The urban area is an area of high
intensity land use including residential, commercial , and industrial development. The environment does not
necessarily include all shorelines within an incorporated city, but is particularly suitable to those areas
presently subjected to extremely intensive use pressure , as well as areas planned to accommodate urban
expansion . Shorelines planned for urban expansion should present few biophysical limitations for urban
activities and not have a high priority for designation as an alternative environment.
Because shorelines suitable for urban industrial uses are a limited resource, emphasis should be given to
development within already developed areas and do not have a high priority for designation as an alternative
environment .
Urban Industrial . The objective of the Urban Industrial Environment is to ensure optimum utilization of
shorelines within urbanized areas by managing industrial development.
The Urban Industrial Environment is an area of high intensity industrial land use . The environment does
not necessarily include all shorelines within an unincorporated city, but is particularly suitable to those areas
presently subjected to extremely intensive use pressure , as well as areas planned to accommodate industrial
expansion. Shorelines planned for future industrial expansion should not have a high priority for
designation as an alternative environment.
Because shorelines suitable for urban industrial uses are a limited resource , emphasis should be given to
development within already developed areas and particularly to water-dependent industrial uses requiring
frontage on navigable waters . Industrial development is prohibited in all categories but Urban Industrial
Environment.
Urban Commercial . The objective of the Urban Commercial Environment is to ensure optimum utilization
of shoreline within urbanized areas by managing commercial development .
The Urban Commercial Environment is an area of high intensity commercial land use . The environment
does not necessarily include all shorelines within an unincorporated city, but is particularly suitable to those
areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate
commercial expansion. Shorelines planned for future commercial expansion should not have a high priority
for designation as an alternative environment.
Because shorelines suitable for urban commercial uses are a limited resource, emphasis should be given to
development within already developed areas and particularly to water-dependent commercial uses requiring
frontage on navigable waters .
Urban Residential . The objective of the Urban Residential Environment is to ensure optimum utilization of
shorelines for residential development .
The Urban Residential Environment is an area of high intensity residential land use . Shorelines planned for
future residential expansion should have few geographic limitations and not have a high priority for
designation as an alternative environment
Variance . An adjustment in the application of this program's regulations to a particular site pursuant to
Chapter 7 . 28 , to grant relief from a specific bulk, dimensional or performance standards set forth in the
applicable Master Program and not a means to vary the use of a shoreline .
Vector. An organism which carries and transports disease (i . e . , rat, fly) .
Water Dependent Use . A use which 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 cargo
terminal loading areas , barge loading, ship building, repair, servicing and dry docking, aquaculture and log
booming .
Water Oriented Use . A use which provides the opportunity for a substantial number of the general public to
enjoy the shoreline without causing significant adverse impacts upon other uses and shore features .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 9
Examples include but are not limited to restaurants, parks , recreation areas , marine or freshwater educational
facilities , fresh seafood only retail sales . The use must be consistent with at least one of the following : ( 1 )
offer a view of waterfront activities ; (2) make use of a unique characteristic of the site ; and (3 ) support other
proximate water dependent, water related or water oriented activities .
Water Related Use . A use which is not intrinsically dependent on a waterfront location but whose operation
cannot occur economically and functionally without a shoreline location. 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 .
Wetlands . Those !ands extending landwar-d for- 200 f�et in all dir-e su-Fed on a horizontal plane
from t4e or-dinai=y high water- mark, fleadway and eontiguous fleadplain areas !a-adwafd 200 feet from sueh
floodway, and all mar-shes , begs , swaffips , and fiver- deltas asseeiated with the streams, lakes and tidal water-s
v4iieh are subjeet to the pr-o3v4siens of the Act and this or-dinanee-.
Wetlands : Areas that are inundated or saturated by surface water or ground water at a frequency
duration sufficient to support, and that under normal circumstances do support a prevalence of ve eta
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 . However, wetlands may
include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion
of wetlands , if permitted by the County.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 10
Chapter 7 . 16 : Project Classifications
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 .
During application review, the basic element or intent of a proposed development will guide in the
determination of the proposal's particular use activity. When a proposal contains two or more use activities ,
including accessory uses , the most restrictive category will be applied to the entire proposal .
DEFINITIONS :
Permitted . Those uses that are preferable and meet the policies of the particular shoreline designation , but
because of their dollar value require a Substantial Development Permit or any development which materially
interferes with the normal public use of the water or shorelines of the state .
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 this Master Program. While not prohibited, these uses are an exception to the general rule . Criteria
used for judging conditional uses are outlined in Chapter 7 . 28 .
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 program, these uses are not considered
appropriate and are not allowed, including by Conditional Use or Variance .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 11
PROJECT CLASSIFICATION TABLE
ENVIRONMENT DESIGNATION URBAN RURAL CONSERVANCY NATURAL
Agriculture P P P C
Commercial Feedlots X C X X
Aquaculture
non-floating P P P C
floating C C C C
gravel enhancement C C C C
projects > 1 , 000 c . y.
Forest Practices P/X P P C
Commercial
Water dependent P C r2 X1
non-water dependent/ C C C2 X
with waterfront
non-water dependent P C C2 X
without waterfront
Marinas C C CI X1
Mining C C C X
Outdoor Advertising P P P X
Residential - single family E E E X
duplex P P C X
multi-family C C X X
nonconforming development EN EN EN X
accessory living quarters P P P X
Pons water dependent P C C X1
non-water dependent C C C X
Bulkheads P P P X
Breakwaters , Jetties , Groins C C C X1
Shore Defense Works P P C C
(flood protection and
stabilization)
Diking C C C C
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 12
ENVIRONMENT DESIGNATION URBAN RURAL CONSERVANCY NATURAL
Landfill
water dependent-upland P P C X
water dependent-beyond OHWM C C X X
non-water dependent-upland C C C X
non-water dependent-beyond OHWM X X X X
sanitary landfill/ X X X X
solid waste disposal site
Dredging
water dependent P P C XI
non-water dependent C C C XI
Transportation P P C C
Piers & Docks P P C X
Marine rails/ P P C X
boat ramps
mooring buoys E E E E
Boat house on land P P P X
Boat house over water/
* Covered moorage C C X X
Archaeological/ P P P C
Historic Sites
Recreation
campgrounds C C C C
parks P P C C
P=Permitted
C=Conditional Use
X=Prohibited
E=Substantial Development Permit Exempt
*Permitted only in marinas .
NOTE : This matrix is a guide only. The classifications can be found in the appropriate section .
IProhibited when upland is designed Conservancy, Natural or in biological wetlands
2See Conservancy definition
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 13
Chapter 7 . 16 . 010
Agriculture
Definition
The cultivation of soil , production of crops or raising of livestock. Agricultural Practices include
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 . Excluded from this
definition are transportation of products , related commercial or industrial uses such as wholesale and
retail sales or final processing.
Policies
1 . Soils that are well suited for agriculture , resource protection and open space should be protected
from non-agricultural uses .
2 . Erosion control measures should conform to guidelines and standards established by the USDA
Soil Conservation Service .
3 . Animal keeping areas should, when possible, be located outside the shoreline management area.
When located in the shoreline management areas , they should be separated from water bodies by
vegetated buffer strips .
4 . Proper maintenance and runoff practices should be employed to preclude contamination of
surface water with animal waste , to prevent the transmission of waterborne diseases to both human
and livestock populations , and to preserve vegetative cover and soil absorptive capacity.
5 . Siting practices which prevent contamination of watercourses and the destruction and erosion of
vegetation and soil should be encouraged.
6 . Buffer zones of permanent vegetation should be encouraged between agricultural land and
associated water bodies to retard surface runoff, reduce siltation, and promote quality habitats for
fish and wildlife .
7 . Livestock waste should be disposed of in a manner that will prevent surface or ground water
contamination.
8 . Commercial feedlots should be restricted from locating on shorelines unless they can
satisfactorily demonstrate that they will cause no adverse environmental impacts .
9 . Pesticides should 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 . 57) to prevent contamination and sanitation problems .
10 . Maintaining vegetative cover in areas subject to flooding should be encouraged.
11 . Perennial wetlands should be encouraged for use in treatment of tillage runoff PROVIDED
no adverse impacts to the receiving wetland would occur.
Use Regulations
1 . The use of tanks and troughs for animal watering is encouraged; allowing animals direct,
unrestricted access to surface water is not permitted .
2 . Surface water drainage and runoff shall be diverted away from animal confinement and waste
storage sites .
3 . Animal confinement areas shall be graded to slope away from surface water .
4 . Gutters and downspouts shall be installed on roofs to prevent excess water from entering
animal confinement areas . The roof water will be transported by County approved methods to
appropriate streams .
5 . Perennial wetlands shall not be used as animal containment sites .
6 . Confinement areas shall be located away from perennial and intermittently flowing streams . A
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 14
fenced buffer of permanent vegetation at least 100 feet in width shall be maintained between such
areas and water bodies .
7 . Waste storage sites with the exception of manure lagoons shall be covered and contained with
impermeable material . 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.
8 . Tillage patterns which allow runoff directly into adjacent waters shall not be allowed . A buffer
of permanent vegetation at least 25 feet in width shall be maintained between tilled areas and
water bodies to retard surface runoff.
9 . Commercial Feedlots where permitted within the shoreline jurisdiction shall require a
Conditional Use Permit and shall be set back a minimum of 100 feet from ordinary high water
mark.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 15
Chapter 7 . 16 . 020
Aquaculture
Definition
Aquaculture involves 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 process and freezing.
Policies
1 . 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 .
2 . The County should strengthen and diversify the local economy by encouraging aquaculture
uses .
3 . Shoreline and upland development in productive aquaculture areas or those areas with a high
potential for aquaculture uses should be reviewed for both the positive and detrimental impacts
on aquaculture .
4 . Recognition should be given to the possible detrimental impacts that aquacultural activities
might have on the aesthetic quality of the shoreline area.
5 . Structures or activities associated with aquaculture should be located inland from shoreline
areas unless clearly water dependent.
6 . Aquacultural activities should be operated in a manner that allows navigational access to
shoreline owners and commercial traffic .
7 . Flexibility to experiment with new aquaculture techniques should be allowed.
8 . Proposed surface installations should be reviewed for conflicts with other 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 .
9 . Maximum effort to protect water quality should be made in areas with high potential for
aquaculture and current aquaculture areas which have been identified as sensitive areas .
Use Regulations
1 . Shoreline developments adjacent to areas especially suitable for aquaculture shall practice
strict pollution control procedures .
2 . Proposed residential subdivisions and other developments which may impact aquaculture
operations shall install storm drainage and water disposal facilities to prevent any adverse water
quality impacts to such operations .
3 . Site preparation in the vicinity of aquaculture operations shall not result in off-site erosion,
siltation, or other reductions in water quality.
4 . Aquacultural practices shall be located and conducted so as to provide reasonable navigational
access to waterfront property owners and along the shoreline .
5 . Aquaculture development shall not cause extensive erosion or accretion along adjacent
shorelines .
6 . Aquaculture structures and activities that are not shoreline dependent shall be located to
minimize the detrimental impact to the shoreline .
7 . Proposed aquaculture processing plants shall provide adequate buffers to screen operations
from adjacent residential uses .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 16
S . Aquaculture structures and fisheries enhancement 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. Disease and pest control may be
authorized .
9 . Floating aquaculture structures shall not unduly detract from the aesthetic qualities of the
surrounding area.
10 . Aquacultural structures shall be placed in such a manner, and be suitably marked, so as to
minimize interference with navigation .
11 . Aquaculture development shall be designed and constructed to harmonize as far as possible
with the local shoreline environment and shall be maintained in a neat and orderly manner.
12 . Proposed aquacultural developments shall make adequate provisions to control nuisance
factors such as excessive noise and odor and excessive lighting.
13 . Aquacultural discards shall be disposed of in a manner that will not degrade associated
uplands , wetlands , shorelines , or water environments . Discards shall not be disposed of in a
manner which results in offensive odors or increases the vector population.
14 . Equipment, structures and materials shall not be abandoned in the shoreline or wetland area.
15 . Special precautionary measures shall be taken to minimize the risk of oil or other toxic
materials from entering the water or shoreline area. Precautionary measures are subject to
approval by the County Environmental Health Specialist .
16 . Landfills are prohibited waterward of the ordinary high water mark or on biological wetlands,
except that they may be permitted for aquacultural practices and water dependent uses where no
upland or structural alternative is possible .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 17
Chapter 7 . 16 . 030
Forest Management Practices
Definition
Any activity conducted on or directly pertaining to forest land and relating to growing, harvesting,
or processing of timber including but not limited to : ( 1 ) road and trail construction ; (2) harvesting;
(3 ) pre-commercial thinning; (4) forestation ; (5 ) fertilization; (6) prevention and suppression of
disease and insects ; (7) salvage of timber; (8 ) brush control ; and (9) slash and debris disposal .
Excluded from this definition is preparatory work such as tree marking, surveying and removal of
incidental vegetation such as berries , greenery, or other natural products whose removal cannot
normally be expected to result in damage to shoreline natural features . Log storage away from
forest lands is considered under Industry.
Policies
1 . Revegetation of all denuded areas in all Environments should be accomplished as quickly as
feasible . Stabilization measures should be provided for all critical areas, such as road cut
and filled slopes . Seeding, mulching, matting, planting, and fertilizing may be necessary
in some areas .
2 . In general , harvesting of timber is discouraged in a Natural Environment ,
3 . In cases of natural catastrophe , infestation, or disease, special permits may be issued in a
Natural Environment .
4 . After completion of harvesting, deep gouges and ruts should be graded to a normal contour
and necessary water bars installed .
5 . When practical , forest management road systems will be designed outside the shoreline area.
6 . Prime consideration must be given to shorelines . Selective removal of timber adjacent to
waterways must be practiced whenever possible ; PROVIDED that other timber harvesting
methods may be allowed in those limited instances where topography, soil conditions ; and
silvicultural practices necessary for regeneration render selective logging ecologically
detrimental ; and PROVIDED further, that clear cutting of timber which is solely
incidental to the preparation of the land for other uses may be allowed.
Regulations
1 . Cutting practices on shorelines of statewide significance shall be governed by the Act .
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) .
3 . Forest Management practices are not permitted in an Urban Industrial or T T an Commercial
Environment .
4 . Urban Residential, Rural , and Conservancy Environments
a. Notification of logging operations which do not require a Substantial Development permit
shall be made by letter, telephone, DNR cutting permit, or other means acceptable to the
Administrator.
b . No logs shall be yarded through streams or rivers .
c . No slash or debris shall be intentionally allowed to enter the stream. Accidentally injected
slash shall be removed .
d . All trees located within 50 feet of the stream or river shall be felled away from the water's
edge .
e . No equipment shall be abandoned in the area of jurisdiction .
f. All slash shall be cleaned up or burned in areas where the buffer strip is not sufficient to trap
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 18
the debris from reaching the stream in a heavy storm or wind.
g. The accumulation of slash and other debris in waterways covered by this Act is not
permitted.
5 . In addition to the above , the following shall apply in Rural and Conservancy Environments :
a. Vegetation along the water's edge shall be left with minimum disturbance except for
construction of bridges and large culverts .
b . Reforestation shall occur within 18 months after completion of harvesting unless land is
intended for other use . Density of planting shall be 350 trees per acre of a commercial species .
6 . In a Conservancy Environment, for streams of less than 15 feet in width, no more than 25
percent of the lineal stream frontage of any single ownership may be clear cut in any
calendar year. No clear cut shall be longer than 1 , 500 stream feet.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 19
Chapter 7 . 16 . 040
Commercial Development
Definition
Uses and facilities that are involved in wholesale or retail trade or business activities . Water
dependent commercial uses are those commercial activities that cannot exist in other than a
waterfront location and are dependent on the water by reason of the intrinsic nature of its
operation .
1 . 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 a residential property including
parking and signs . Home Occupations which require more that $ 5 , 000 in exterior development
costs require a Substantial Development Permit .
2 . Cottage Industry. Small scale commercial or industrial activities on residential properties
performed in the residence or building accessory thereto . The principal practitioner must reside on
the property. Cottage Industries are considered as residential use and minor commercial
development and are not Substantial Development under this Master Program, provided they do
not alter the character of the site as a residential property and wholesale and retail trade are
minimal . Cottage Industries must comply with all applicable County Ordinances and require a
Conditional Use Permit .
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 .
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 .
5 . Commercial developments should be encouraged to be located inland from the shoreline area
unless they are dependent on a shoreline location. Commercial developments should be discourage
over-water or in marshes, bogs , swamps- 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 . Parking facilities should be placed inland, away from the immediate water's edge and
recreational beaches .
8 . Commercial development should be designed and located to minimize impacts of noise
and/or light generated by the development upon adjacent properties . Commercial developments
which generate significant noise impacts should be discouraged .
Use Regulations
1 . The County shall utilize the following information in its review of commercial development
proposals :
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 20
nature of the activity;
need for shore frontage ;
special considerations for enhancing the relationship of the activity to the shoreline ;
provisions for public visual or physical access to the shoreline ;
provisions to ensure that the development will not cause severe adverse environmental impacts ;
provisions to mitigate any significant noise impacts ;
provisions to mitigate light or glare impacts .
2 . Commercial development may be permitted on the shoreline in the following descending order
of priority : water dependent, water related and water oriented . Non-water related, non-water
dependent and non-water oriented developments in an urban and rural environment may be
permitted by Substantial Development Permit when :
- The parcel of land to be developed is a minimum of 100 feet from OHWM and is located on the
upland side of a public roadway, railroad right of way or government controlled property.
3 . 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. 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. 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 . Parking plans shall be reviewed by
Mason County Department of Public Works for compliance with all applicable County
Ordinances . Creation of parking areas by landfilling beyond OHW mark or in biological wetlands
is prohibited.
4 . Those portions of a commercial development which are not water dependent are prohibited
over the water.
5 . Water supply and waste facilities shall comply with the strictest established guidelines ,
standards and regulations .
6 . New commercial developments shall be located adjacent to existing commercial developments
whenever possible .
7 . New or expanded structures shall not extend more than 35 feet in height above average grade
level .
8 . Commercial developments adjacent to aquaculture operations shall practice strict pollution
control procedures .
9 . Commercial developments shall be located and designed to minimize noise impacts on
adjacent properties .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 21
COMMERCIAL DEVELOPMENT
URBAN RURAL CONSERVANCY NATURAL
Shore setbacks from the OHWM
Primary Structures :
Water Dependent 15 ' 50 ' 50 ' X
Non-water Dependent 50 ' 75 ' 100 ' X
* Water dependent commercial structures may be constructed
over the water if this is a functional requirement. No variance
from setback is required.
Accessory Uses (including parking) 50 ' 100 ' 150 ' X
* Water dependent commercial structures may be constructed
over the water if this is a functional requirement. No variance
from setback is required.
Side Yard Setbacks 5 -25 ' 15 -25 ' 20-30 ' X
Site coverage by structures, 70 % 50 % 20 % X
roads, parking and primary uses
Height Limit 35 ' 35 ' 35 ' X
X = Prohibited Use
ISide yard setbacks will be increased depending upon the height of the building. Buildings shall have a
setback of five feet plus five feet for every ten feet or fraction thereof in height over 15 feet.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 22
Chapter 7 . 16 . 050
Marinas
Definition
A commercial moorage with or without dry storage facility for over ten pleasure or commercial
craft excluding canoes , kayaks and rowboats . Goods or services related to boating may be sold
commercially. Uses associated with marinas shall conform to the regulations for these uses .
Policies
1 . 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.
2 . Proposals should be planned and developed where regional and local evidence of substantial
need exists .
3 . Shallow water embankments should not be considered for overnight or long-term moorage
facilities .
4 . New construction should be aesthetically compatible with the existing surroundings and not
degrade existing views .
5 . Marinas and public launch ramps are preferred rather than the development of individual
docks and piers for private, non-commercial pleasure craft.
6 . 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.
7 . 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.
Use Regulations
1 . Marinas that provide overnight or long-term moorage shall not be located in areas with
commercial aquacultural harvest.
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
minimize adverse effects on fish, shellfish, wildlife and other biological resources , water quality,
and existing geo-hydraulic shoreline processes .
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 s hall be located well away from the immediate waters ' edge and
beaches , unless there is no other practical location for parking. 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. 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 . Creation of parking areas by landfilling
beyond OHW mark or in biological wetlands is prohibited.
6 . Provisions shall be made to facilitate the orderly circulation of vehicles and pedestrians in the
vicinity of the marina .
7 . Provisions shall be made to facilitate the orderly launching, retrieval and storage of boats .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 23
8 . New marinas , or expansion of existing saltwater 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 predominately display
signs stating that sanitary discharge of wastes is prohibited. Deviation from pump-out
requirements on saltwater shall require a Variance .
9 . In sensitive areas , such as near certified shellfish spawning areas, the applicant shall be
required to demonstrate that the maximum protection of shore features, water quality and existing
uses will be provided .
10 . Adequate illumination shall be required. Illumination shall be designed and constructed to
minimize off-site light and glare .
11 . Physical and/or visual public access opportunities shall be provided unless the proponent can
demonstrate that such access is physically unfeasible .
12 . Rest room facilities shall be provided for public use .
13 . 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 .
14 . Marina facilities shall project waterward the minimum distance necessary to provide service
to vessels , without creating a hazard to navigation .
15 . Marina and launching facilities shall be located to minimize the need for initial and
maintenance dredging, filling, beach feeding and other channel maintenance activities .
16 . Expansion of existing marinas shall be required to meet the standards set forth for new
development .
17 . Covered moorage is only permitted in a marina. Covered moorage shall be designed and
located in order to minimize adverse impacts caused by lighting and view blockage .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 24
Chapter 7 . 16 . 060
Mining
Definition
Mining means the extraction or removal of sand, gravel, minerals or other naturally occurring
materials from the earth .
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 activities shall be conducted to the extent feasible in a manner
consistent with the shoreline resource . Therefore , mining activities shall not result in significant
damage to the shoreline environment . Provisions should also be made to maintain areas of histiric,
cultural , or educational significance on or adjacent to mining sites , and mining in unique, natural,
or fragile shoreline areas shall not be allowed
2 . To the extent feasible, accessory equipment, and materials essential to mining operations in
shoreline are shall be stored, sited, and operated as far landward from the ordinary high water mark
as possible .
3 . Screening and buffering measures shall, as far as is reasonably feasible, utilize natural
vegetation and topography of the site .
4 . Screening and buffering shall use topography and natural vegetation to the extent feasible and
shall be maintained in effective condition .
5 . Mining shall not be allowed on marine beaches .
6 . 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 miring wastes and spoils . Maximum protection should be provided for anadromous
fisheries' resources .
7 . Mining activities should allow the natural shoreline systems to function with a minimum of
disruption during their operations and should return the site to as near natural a state as possible
upon completion.
8 . Mining operations should minimize adverse visual and noise impacts on surrounding shoreline
areas .
9 . Provisions should be made to maintain areas of historic cultural, or educational significance on
or adjacent to mining sites.
10 . The on-site handling of materials (including screening, washing, crushing, sorting, loading,
stockpiling and storage operations) should be conducted landward of the shoreline .
Use Regulations
1 . Accessory Facilities . Accessory facilities essential to mining operations may be permitted
provided that they adhere to all applicable Master Program policies and use activity regulations .
Piers, floats , docks and dolphins may be permitted accessories to mining uses according to the
following conditions .
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
pier. Loading or accessory facilities or structures , including but not limited to walkways ,
gangways , slips, troughs , 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 ( 1 ) The surface of the pier, float or dock should not exceed a maximum of 30 feet .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 25
(2) Loading or accessory facilities or structures located on the dock should be no
higher than 50 feet above mean higher high tide .
2 . Mining activities shall not be allowed that 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 . Mining activities shall utilize visual and aural screening, buffers and berms around the
operation to minimize aesthetic and noise impact.
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 useful condition, and shall
ensure compatibility between the project site and adjacent existing land, shoreline and water uses .
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 .
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 is permitted provided that no operations shall be
allowed which permanently impede or retard the flow of any river or stream.
8 . Marine Beaches and Lake Shores . The mining of sand, gravel , cobbles , or rock from any
marine beaches or lake shores below the ordinary high water mark shall not be permitted . Routine
aquacultural uses and maintenance are not considered mining activities .
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 (Refer to Shoreline Master Plan, Chapter 7 . 16 . 100 . ) .
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.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 26
e . All slopes and exposed areas shall be seeded or surfaced with soil 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 . (Refer to Shoreline Master Plan, Chapter 7 . 13 . 050 . ) 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.
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 .
f. A reclamation 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 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, Rural and
Conservancy environments .
18 . Mining is a prohibited use in a Natural environment.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 27
Chapter 7 . 16 . 070
Outdoor Advertising, Signs And Billboards
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 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 .
3 . Wherever feasible, outdoor advertising signs and advertising shall be placed on or against
existing buildings to allow maximum visibility of shoreline and water areas .
4 . In Conservancy Environment : where feasible, permitted signs shall be located on the upland
side of transportation routes parallel or adjacent to shoreline and water areas .
Use Regulations
1 . In an Urban (Industrial , Commercial and Residential) or Rural Environment
a . Outdoor advertising, signs and billboards shall be on premise.
b . Sign supports shall be durable . Sign design and support shall be compatible with the
environment . Flashing lights shall be prohibited . Lighted signs shall be permitted for public
services remaining open after sundown . Such lighting shall be hooded or shaded so that
direct light of lamps will not result in glare when viewed from the surrounding property or
rights-of-way.
c . Temporary or obsolete outdoor advertising, signs and billboards shall be removed within
ten days of elections , closures of business or termination of any other intended function.
2 . Conservancy Environment
a. Outdoor advertising and signs shall be on premise . Billboards are prohibited. Highway
signs giving directions to scenic routes, trails , picnic areas , boat launching sites , scenic sites
and unique points of interest shall also be permitted.
b . Signs and outdoor advertising shall not exceed 15 square feet in size and shall not project
more than six feet above road level . Sign design and support shall be compatible with the
environment. Illuminated signs shall not be permitted unless warranted by safety factors .
Flashing signs are prohibited.
c . Temporary or obsolete outdoor advertising, signs and billboards shall be removed within
ten days of elections, closures of business or termination of any other intended function .
3 . Natural Environment.
a. Only temporary, on premise, advertising signs are permitted . Billboards are prohibited.
b . Directional signs to viewpoints or 6r trails and signs describing unique points of interest
shall be permitted .
c . Permitted signs shall not exceed four square feet in size and shall not project more than
six feet above road level . Sign design and support shall be compatible with the environment.
Lighted signs are prohibited unless warranted by safety factors .
d. Where feasible , permitted signs shall be located on the upland side of transportation
routes parallel or adjacent to shoreline and water areas . Placement of signs shall not degrade
or obstruct view areas .
e . Temporary or obsolete outdoor advertising, signs and billboards shall be removed within
ten days of elections , closures of business or termination of any other intended function .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 28
Chapter 7 . 16 . 080
Residential Development
Definition
The development of land or construction or placement of dwelling units for the purpose of
residential occupancy.
This chapter shall apply to all single family and multi-family dwellings, and any other accessory
structure, including decks , garages and fences .
Although a Substantial Development Permit is not required for construction on wetlands by an
owner, lessee or contract purchaser of a single family residence for his own use or the use of his
family, such construction and all normal appurtenant structures must otherwise conform to this
Master Program. Construction greater than 35 feet high requires a Substantial Development
Permit ,
Policies
1 . Over-water residential development should not be permitted.
2 . Sewage disposal facilities , as well as water supply facilities , should be provided in accordance
with appropriate state and local health regulations . Storm drainage facilities should be separated,
not combined with sewage disposal systems .
3 . Residential development in geologically hazardous areas or in areas subject to flooding should
not be permitted.
4 . Residential development in shoreline areas should be designed to preserve natural drainage
courses .
5 . Subdivisions should maintain usable waterfront areas for the common use of all property
owners within the development.
6 . Residential development on shorelines and wetlands should be planned with minimum adverse
environmental and visual impact. Structures should be designed and located to not significantly
block views of adjacent residences .
7 . Residential developments 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 . A variety of housing types on land should be encouraged, provided that they are consistent
with the environment designation criteria.
9 . 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.
10 . Residential development along shorelines should be designed and sited to make shoreline
protection measures unnecessary.
11 . 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 .
12 . 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 local plans, codes , and ordinances .
Use Regulations
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 29
1 . Residential development over the water is prohibited.
2 . " Submerged lands " (biological wetlands and those lands waterward of the ordinary high water)
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 marshes , bogs and swamps may be
included as open space .
3 . Subdivision proposals shall identify areas of natural vegetation, storm water retention and
erosion control measures .
4 . Landfill for residential development which results in the creation of new dry land waterward of
OHWM or in biological wetlands is prohibited. Fill necessary for a normal erosion control
bulkhead is exempt . Land fill in biological wetlands (excluding bogs , marshes , swamps , marine
and estuarine shore) may be permitted. Such filling may be considered as a Conditional Use
PROVIDED the applicant can demonstrate the following : ( 1 ) Extraordinary or unique
circumstances relating to the property exist which require the proposed shoreline location ; and (2)
No viable alternative using a different method or structural solution exists .
5 . Landfilling in flood hazard areas other than a floodway is allowed only for flood protection of
a structure(s) .
6 . Storm drainage facilities shall be separate from sewage disposal transport facilities and include
provisions to prevent uncontrolled and untreated direct entry of surface water runoff into receiving
waters . Storm drainage facilities shall include , but not be restricted to vegetated swales , retention
ponds and artificial and natural wetlands PROVIDED no adverse impacts to the receiving
wetlands would occur and shall be subject to Mason County approval .
7 . Subdivision developments and planned unit developments shall provide areas sufficient to
ensure usable access to and along the shoreline area for all residents of the development except
where the shoreline topography does not permit the same .
8 . In order to preserve aesthetic characteristics , no fence or wall shall be erected, placed or altered
nearer to the water than the building setback line, unless it is under 30 inches in height .
9 . Each shoreline environment has a setback requirement for structures from the ordinary high
water mark. (See chart at end of this section. ) Uncovered porches, decks or steps may project into
the required setback area, provided such structures are no higher than 30 inches above average
grade excluding railings required for reasons of public safety. The setback in each environment
may be increased or decreased by the Administrator in the following ways :
a) Increased Setback Requirements . The setbacks may be increased if the building area or
setback area has a slope greater than 40 percent, severe instability, or the average setback of the
two adjacent residences is greater than the setback requirement for that environment. In such
cases , the setback shall be determined by drawing an imaginary line between the roof lines of
adjacent residences ; PROVIDED the minimum distance required by reason of slope or instability
shall be required. If there is no residence on an adjacent lot; the next lot with a residence will be
considered, up to 150 feet away. If there is no adjacent residence within 150 feet, the minimum
default setback shall be assumed on that side of the proposed residence . In the Urban
Environment, a residence setback over 120 feet from the line of ordinary high water will not be
considered in determining the setback and the default setback will be used at 15 feet .
In cases of a pronounced curved shoreline or point, the setback shall be established by
determining proportionate setback distances from the OHWM of adjacent residences .
Setback for any structure greater than 30 inches above average grade shall be behind this
common line (see figure) .
b . Decreased Setback Requirements . The setback may be relaxed PROVIDED that at least
one existing residence adjacent (within 50 feet) to the proposed structure infringes on the setback.
In such cases , the setback shall be determined in the same manner described under " Increased
Setback Requirement" where applicable . This shall not be construed to allow residential
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 30
development over water or to allow a reduction of the default setback in cases of pronounced cove
or indented shoreline . Setback relaxation is subject to approval by the Shoreline Administrator
(see illustration) .
Further deviation from setback requirements shall require a Variance .
10 . Clustering of residential dwellings in all environments except Natural is allowed . The
number of clustered lots or residential units in the shoreline area shall not exceed the number of
units which results from multiplying the total acres (minus submerged lands) in the shoreline area
by the density allowed in the specific environment.
11 . Proposed residential developments adjacent to a water body supporting aquaculture
operations shall install drainage and storm water treatment measures facilities to prevent any
adverse impact to aquaculture operations . Such measures shall include but not be restricted to
vegetated swales , retention ponds and use of artificial or natural wetlands PROVIDED no adverse
impacts to the receiving wetlands would occur. Measures utilized shall be subject to Mason
County approval .
12 . Multi-family residences are permitted in the Urban environment, subject to a maximum
projected output of 1 , 570 gallons of sewage per acre per day.
13 . If marshes , bogs , swamps or other fragile features are located on a development site,
clustering of residential units shall be required in order to avoid any development in such areas .
14 . Storm drainage facilities shall be required by the County for residential development projects
excluding a single family residence . Facilities shall include but not be restricted to vegetated
swales , retention ponds and use of artificial or natural wetlands PROVIDED no adverse impacts to
the receiving wetlands would occur and are subject to Mason County approval .
15 . Lots created prior to the adoption of this ordinance which do not meet the minimum lot size
may be used for a single family residence when all of the following criteria can be met :
(a) A permit for an on-site disposal system which meets all current codes for setbacks and
sizing, has been granted by the Environmental Health Section .
(b) All side yard and shore yard setbacks can be met.
Exceptions from these criteria would require a Variance Permit,
16 . Only one dock or pier is permitted in a new subdivision, planned unit development, or short
plat, when lot frontages on the shoreline do not exceed an average of 150 feet . Prior to plat
approval, a usable area with access shall be set aside for the pier or dock, unless no suitable area
exists .
17 . Construction of new dwellings shall be required to comply with current sewage system
setback and design standards as per WAC 248 -96 .
18 . Expansion of existing dwellings shall require strict compliance with current sewage system
setback and design standards as per WAC 248 -96 .
19 . Normal maintenance and repair of non-conforming structures shall be allowed, provided no
material expansion is involved..
20 . Residential development is prohibited within a floodway.
21 . Residential developers and individuals shall be required to control erosion during
construction. Removal of vegetation should be minimized and any areas disturbed should be
restored to prevent erosion and other environmental impacts .
22 . Waste materials from construction shall not be left on or adjacent to shorelines .
23 . Kokanee area only — No building on slopes greater than 20 % will be allowed. (Seepage 93 )
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 31
ACCESSORY LIVING QUARTERS
DEFINITION
Separate living quarters , attached or detached from the primary residence which contain less
habitable area than the primary residence .
POLICY
Accessory living quarters for the use of guests , employees or immediate family members should be
allowed as a Substantial Development, when minimal impact would occur to the surrounding area.
The cumulative impact of like structures on neighboring properties must be considered .
USE REGULATIONS
Accessory living quarters may be allowed subject to meeting the following criteria :
1 . Only one accessory living quarter per lot . In an Urban environment, a lot must be 14 /2 the
size required for a single family residence which totals 18 , 750 square feet .
2 . Strict compliance with current sewage setback and design standards as per WAC 248 -76 -090 .
3 . Minimal impact on surrounding properties from view blockage, traffic, parking and drainage .
4 . Compliance with setback criteria set forth in the Table on Page 56 .
5 . Accessory living quarters shall require a Substantial Development and shall not exceed 1 , 000
square feet.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 32
RESIDENTIAL DEVELOPMENT
SHORELINE DESIGNATION
( X = Prohibited )
REGULATION URBAN RURAL CONSERVANCY NATURAL
1 . Shore setbacks , in feet
( From OHWM or front of bulkhead . Side yard setbacks shall apply to
sides . )
a . Single family , duplex 15 25 50 X
b . Multi - family structures
less than 35 ' high 30 50 NA X
c . Multi - family structures
over 35 ' high 50 100 NA X
2 . Side yard setbacks ( in feet )
a . Single family , duplex 5 10 25 X
b . Multi - family structures
less than 35 ' high 20 20 X X
c . Multi - family structures
more than 35 ' high 30 30 X X
3 . Height limits in feet
a . 0 - 49 feet from OHWM 35 30 25 X
b . 50 - 100 feet from OHWM 45 40 30 X
4 . Site coverage - for : *
a . Single family , duplex 60% 50% 15% X
b . Multi - family structures 40% 40% 15 % X
* Site coverage shall include all impermeable surfaces .
5 . Minimum lot size 12 , 500 20 , 000 5 X
( per residential unit ) square feet square feet acres * *
Primary residence and 18 , 750 20 , 000 5 X
accessory structure square feet square feet acres * *
( one per lot maximum )
Duplex 1 , 570 gallons 785 gallons 5 X
sewage per acre sewage per acre acres * *
per day maximum per day maximum
Multi - family 1 , 570 gallons 785 gallons
sewage per acre sewage per acre NA NA
per day maximum per day
6 . Minimum lot width 50 ' 100 , 200 '
measures at OHWM and
at building setback
* * one residential unit is allowed per 200 lineal feet in the shoreline
jurisdiction area .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 33
Chapter 7 . 16 . 090
Utilities
Policies
1 . 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.
2 . High voltage transmission lines should be placed in the water only when there is no reasonable
alternative .
3 . 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.
Planning for location of towers , substations , valve clusters , etc . , so as not to obstruct such access
should be pursued .
Use Regulations
1 . Discharges from sewage treatment plants shall not be allowed into Totten Inlet regardless of
the environmental designation .
2 . 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.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 34
Chapter 7 . 16 . 100
Ports And Water-Related Industry
Definition
Ports are centers for water-borne traffic and as such have become gravitational points for
industrial/manufacturing firms . Heavy industry may not specifically require a waterfront location,
but is attracted to port areas because of the variety of transportation available .
Policies
1 . Port facilities should be designed to permit viewing of harbor areas from viewpoints which
would not interfere with port operations or endanger public health and safety.
2 . Sewage treatment, water reclamation, desalinization and power plants should be located where
they do not interfere with and are compatible with recreational , residential or other public
uses of the water and shore lands . Waste treatment points for water-related industry
should occupy as little shoreline as possible .
3 . Land transportation and utility corridors serving ports and water-related industry should follow
guidelines provided under the sections dealing with utilities and road and railroad design
and construction. Where feasible , transportation and utility corridors should be located
upland to reduce the pressures for the use of waterfront sites .
4 . Master Program planning should be based on a recognition of the regional nature of port
services . Prior to allocating shore lands for port uses , local governments should consider
statewide needs and coordinate planning with other jurisdictions to avoid wasteful
duplication of port services within port services regions .
5 . Water-related sites should be planned so as to avoid wasteful use of the limited supply of
shore ; therefore, shorelines should ultimately be used only by industries specifically
requiring waterfront sites . Industries linked to them but not requiring use of actual
waterfront should not be located on the shoreline . Mason County and Shelton should take
steps to reserve industrial sites in upland locations near present water-related industries so
as to have adequate backup space.
6 . Port districts should reserve ample sites inland for public terminals and supporting ancillary
facilities .
7 . Industries should be encouraged to use cooperative waste disposal and reclamation systems ,
thereby releasing valuable acreage for other uses .
8 . Docking and storage facilities on the waterfront should be shared where possible .
Use Regulations
1 . Industry shall be responsible for any water pollution it creates .
2 . Ports and water-related industries are prohibited in all environments except the Urban
Industrial Environment .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 35
Chapter 7 . 16 . 110
Shoreline Modification Activities : Bulkheads
Definition
Bulkheads are 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 and wave
action .
Exemptions
The Shoreline Management Act exempts the construction of a normal protective bulkhead
common to single-family residences from the Substantial Development Permit requirement .
"Normal protective bulkhead" is constructed at or near the 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. "However, these structures are
required to comply with all the provisions of the Master Program and development standards of
this section . " A Conditional Use Permit or Variance may be required .
Policies
1 . Bulkheads 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 .
2 . Bulkheads should be located, designed and maintained in a manner that will conserve and
enhance water quality, fish, shellfish, and other wildlife resources and habitats .
3 . Owners of property containing feeder bluffs should generally be discouraged from constructing
bulkheads , particularly in areas not already developed or not already subject to shoreline
modification .
4 . Bulkhead construction 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 bulkhead.
5 . Property owners should be encouraged to coordinate bulkhead development for an entire drift
sector to avoid causing erosion on adjacent properties .
6 . Bulkheads should be allowed only where evidence is present that one of the following
conditions exists :
a) Serious wave erosion threatens existing buildings or upland property.
b) The proposed bulkhead is necessary to the operation and location of water dependent and/or
water related activities consistent with the Master Program. In addition, it must be demonstrated
that other alternatives are not feasible and that such bulkheads meet other policies and regulations
of this chapter.
c) The proposed bulkhead is necessary to re-establish a shoreline boundary that has been
eroded away within the past two years , the proposed bulkhead will replace a bulkhead which has
failed within the past two years . The burden of proof is on the applicant . Re-establishment of all
other historical shoreline boundaries is prohibited when it does not meet the criteria of this chapter.
Use Regulations
1 . Bulkheads shall be permitted only where they provide protection to upland areas or facilities,
not for the indirect purpose of creating land by filling behind the bulkhead. Nothing in this section
shall be construed to prohibit construction of a normal protective bulkhead or maintenance of an
existing bulkhead, where there is a demonstrated need, to protect a fill which occurred prior to the
Shoreline Management Act, and is the site of a single-family residence or other improvements
which are currently in use .
2 . Bulkheads may be allowed to re-establish a shoreline boundary that has eroded away within
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 36
the past two ten years . The burden of proof shall be on the applicant . Re-establishment of all
other historical shoreline boundaries is prohibited when it does not meet the criteria of this chapter .
3 . Bulkheads on lake shores subject to erosion shall be located within one foot of the toe of the
bank, or the line of ordinary high water mark whichever is furthest landward and shall generally
parallel the natural shoreline .
4 . Bulkheads on saltwater shores subject to erosion shall be located only as far seaward as is
necessary to excavate for footings and shall in no case be located more than six feet beyond
OHWM . Any distance further than this shall be considered landfill and shall be evaluated as such .
Except if such fill can be demonstrated to meet regulation Number 2 above and meet the other
provisions of this section.
5 . Bulkheads shall be sited and designed consistent with appropriate engineering principles .
Professional geologic site studies or design may be required for any proposed bulkhead for which
a building permit is required if the Administrator determines sufficient uncertainties exist .
Grounds for such determination shall be inadequate information on local physical features or
potential damage to other shoreline properties and features .
6 . The use of solid waste , junk, abandoned automobiles or asphalt or building demolition debris
is prohibited in the construction or maintenance of bulkheads .
7 . Beach materials shall not be used for fill material behind bulkheads .
8 . When an existing bulkhead is being repaired, construction shall occur no further waterward
of the existing bulkhead than is necessary for construction of the new footing. Replacement of a
failed bulkhead shall be permitted in the same location as the original bulkhead, if such
replacement is commenced within five years of failure . The burden of proof of location of the
original bulkhead shall be on the applicant.
9 . Stairways shall be located landward of bulkheads except where proven infeasible (see Section
7 . 16 . 200) .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 37
Chapter 7 . 16 . 120
Shoreline Modification Activities : Breakwaters , Jetties And Groins
Definitions
Breakwaters . Protective structures usually built off shore to protect harbor areas, moorage ,
navigation, beaches and bluffs from wave action. Breakwaters may be fixed, open pile, or
floating.
Jetties . Structures generally built singly or in pairs perpendicular to the shore at harbor entrances
or river mouths to prevent the shoaling or accretion of littoral drift . Jetties also protect channels
and inlets from storm waves and cross currents .
Groins . A barrier type of structure extending from the beach or bank into a water body for the
purpose of the protection of 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 .
Policies
1 . Because the purpose of these structure is to modify complex water movement and littoral drift
systems and may thus impact the shoreline outside the project boundaries , professional design by a
registered 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 .
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 minimize adverse
impacts on fish and wildlife resources and habitats .
7 . Artificial beach feeding and enhancement proposals which do not use jetties or groins should
be encouraged over developments requiring the use of such structures .
Use Regulations
l . The County shall require and utilize 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 .
The following additional information is required for groins :
f. Profile of uplands ;
g. Beach type , slope and materials ;
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 38
h . Uplands type , slope and materials ;
i . Soil type ;
j . Physical or geological stability of uplands and;
k. . Predicted impact on area shore processes , adjacent properties and upland stability.
2 . Breakwaters shall only be permitted 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 .
3 . Jetties and marine groins shall only be permitted for navigational purposes , industrial activity,
marinas and public beach management as integral components of an overall development plan.
4 . Breakwaters, jetties and groins shall be located and designed so as to minimize impacts on
fish and wildlife resources and habitat.
5 . Groins on rivers , streams and lakes 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.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 39
Chapter 7 . 16 . 130
Landfill
Definition
The creation of or addition to a dry upland area by depositing materials . Depositing topsoil for
normal landscaping purposes is not considered a landfill .
Policies
1 . Any permitted fills or shoreline cuts should be designed so that no significant damage to
existing ecological values or natural resources, or alteration of local currents will occur, creating a
hazard to adjacent life , property, ecological values, or natural resources .
2 . Priority should be given to landfills for water dependent uses .
3 . In evaluating fill projects and in designating areas appropriate for fill , such factors as total
water surface reduction, navigation restriction, impediment of water flow and circulation,
reduction of water quality and destruction of habitat should be considered .
Use Regulations
1 . Landfills are prohibited waterward of the ordinary high water mark or on biological wetlands ,
except that they may be permitted as a Conditional Use for aquacultural practices and water
dependent uses where no upland or structural alternative is possible . Fill necessary for erosion
control bulkheads shall not be considered under landfill . Landfill in biological wetlands
(excluding bogs , marshes , swamps , marine and estuarine shore) for non-water dependent uses may
be permitted. Such fill may be considered as a Conditional Use PROVIDED the applicant can
demonstrate the following : ( 1 ) Extraordinary or unique circumstances relating to the property
exist which require the proposed shoreline location ; (2) No viable alternative using a different
method or structural solution exists .
2 . Landfills are not permitted on estuaries, tidelands , marshes, ponds or swamps , except that
they may be allowed for water dependent uses as a Conditional Use .
3 . Landfills are not permitted in floodplains unless it can be clearly demonstrated that the
geohydraulic and floodplain storage capacity will not be altered to increase flood hazard or other
damage to life or property.
4 . Landfills shall not disrupt normal surface water drainage .
5 . Permitted fills shall be appropriately sloped and planted with vegetation to prevent erosion .
6 . Applications for landfill 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 fill area;
f. Location of fill relative 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 . Any fill on or adjacent to a tideland or shoreline shall be designed to prevent
erosion .
8 . Fill materials shall be of such quality that they will not cause degradation of water quality.
9 . Sanitary landfills and solid waste disposal sites are prohibited uses within the shoreline
jurisdiction .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 40
Chapter 7 . 16 . 140
Dredging
Definition
The removal , displacement, and disposal of unconsolidated earth material such as silt, sand,
gravel , or other submerged material from the bottom of water bodies, ditches or natural wetlands :
maintenance dredging and other supportive activities are included in this definition .
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 be restricted to 12 hours per day to allow for successful
passage of these fish.
2 . In Rural , Conservancy and Natural Environments : Dredging operations in certain
environmental conditions could be extremely detrimental and should be carried out only as a
means to preserve ; protect, or improve existing conditions .
Use Regulations
1 . Urban Industrial and Urban Water Environments . Dredging shall be permitted :
a . If it is necessary to deepen or widen navigation channels .
b . If it is necessary to deepen or widen commercial moorage .
c . If it is necessary to create settling lagoons .
d. If it is necessary in conjunction with flood control measures .
e . If it is necessary in creating solid foundations for placement of concrete, riprap , and other
building materials .
£ If it is necessary in containing peat and peat moss .
g. If it is necessary to facilitate channel clearance and improvement .
h. If it is necessary to remove roots, logs, brush, grasses, and other material to create access
from the shore to navigable water.
i . If it is necessary to remove siltation and other debris from lagoons, ponds and other areas
used by industry. or fishing and shellfishing farming enhancement .
j . If it is necessary when industrial expansion requires landfill over present lagoons or ponds
and they must be relocated.
k. If it is necessary to facilitate movement of floating materials .
2 . Urban Residential and Urban Commercial Environments . Dredging shall be permitted :
a. If it is necessary to deepen or widen navigation channels .
b . If it is necessary to deepen or widen commercial moorage .
c . If it is necessary to create settling lagoons .
d . If it is necessary in conjunction with flood control measures .
e . If it is necessary in creating solid foundations for placement of concrete, riprap , and other
building materials .
f. If it is necessary in containing peat and peat moss .
g . If it is necessary to facilitate channel clearance and improvement.
h . If it is necessary to remove roots , logs , brush, grasses , and other material to create access
from the shore to navigable water.
i . If it is necessary in certain shellfish farming, harvesting, and protection operations .
3 . Rural and Conservancy Environments . Dredging shall be permitted :
a. If it is necessary to deepen or widen navigation channels .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 41
b . If it is necessary to deepen or widen commercial moorage .
c . If it is necessary to create settling lagoons .
d . If it is necessary in conjunction with flood control measures .
e . If it is necessary in creating solid foundations for placement of concrete, riprap , and other
building materials .
f. If it is necessary in containing peat and peat moss .
g. If it is necessary to facilitate channel clearance and improvement.
h . If it is necessary to remove roots , logs , brush, grasses , and other material to create access
from the shore to navigable water.
i . If it is necessary to facilitate movement of floating materials .
j . If it is necessary in certain shellfish farming, harvesting, and protection operations .
k. If it is necessary to create or maintain drainage channels in lowland areas for agricultural
purposes .
4 . Natural Environment. Dredging shall be permitted : If it is necessary in conjunction with
flood control measures .
5 . For all Environments . Dredging restrictions are as follows :
a. Dredging operations shall not cause damage to adjacent shorelines or marine developments .
b . Dredging operations shall be self-monitored to control to a feasible minimum any leaks or
spillage of dredged materials from pipes , machinery, dikes , or bulkheads .
c . Dredging machinery or vessels shall use reasonable precautionary measures to prevent
petroleum from entering the water.
d. Dredged material, if deposited within shoreline boundaries , shall be contained by
bulkheading, diking, or other acceptable methods, to prevent undesirable erosion or shifting after
operations and related monitoring are needed.
e . Dredged material, when not deposited on land, shall be placed in spoils deposit sites in
water areas to be identified by the County. Depositing of dredge material in water areas shall be
allowed only for habitat improvement, to correct problems of material distribution affecting
adversely fish and shellfish resources or where the alternatives of depositing material on land are
more detrimental to shoreline resources than depositing in water areas .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 42
Chapter 7 . 16 . 150
Flood Protection And Shoreline Stabilization
Policies
1 . Shoreline stabilization and flood protection 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 . Shoreline stabilization and flood protection works should be located, designed, constructed
and maintained to provide :
Protection of the physical integrity of the shore process corridor and other properties which
may be damaged by interruptions of the geohydraulic system;
Protection of water quality and natural ground water movement;
Protection of valuable fish and other life forms and their habitat vital to the aquatic food chain;
Protection of valuable recreation resources and aesthetic values such as point and channel bars ,
islands and other shore features and scenery.
3 . 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. Structural solutions to
reduce shoreline damage should be allowed after it is demonstrated that non-structural solutions
would not be able to reduce the damage .
4 . Substantial stream channel modification, realignment and straightening should be
discouraged as a means of shoreline stabilization and flood protection .
5 . hi design of publicly financed or subsidized works , consideration should be given to
providing public pedestrian access to the shoreline for low4ntensity outdoor recreation .
Use Regulations
1 . The County shall require and utilize the following information during its review of shoreline
stabilization and flood protection procedures :
• River channel hydraulics and floodway characteristics up and downstream from the project
area;
Existing shoreline stabilization and flood protection works within the area;
Physical, geological and soil characteristics of the area; and
Predicted impact upon area shore and hydraulic processes , adjacent properties and shoreline
and water uses .
2 . Conditions of Hydraulic Project Approval, issued by Washington State Department of
Fisheries , may be incorporated into permits issued for flood protection and shoreline stabilization .
3 . The County shall require professional design of shoreline stabilization and flood protection
works where such projects may 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 .
4 . Groins on rivers , streams and lakes may be considered as a Conditional Use PROVIDED the
applicant can demonstrate the appropriateness of the designed structure and that alternative shore
protection measures would prove more detrimental to the geohydraulics and natural resource
within the water body.
5 . Diking may be permitted as a Conditional Use PROVIDED :
a. Diking is set back to the edge of the floodway;
b . Timing and construction shall be coordinated with WDF and WDW ;
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 43
c . Diking shall be designed and constructed to meet Soil Conservation Service technical
manual standards and shall , at a minimum include ( 1 ) layered compaction, (2 ) removal of debris
(i . e . , tree stumps, tires , etc . ) , and (3 ) revegetation and maintenance until ground cover is
established .
6 . Flood protection measures shall be planned and constructed based on a state approved flood
control management plan, when available, and in accordance with the National Flood Insurance
Program,
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 44
Chapter 7 . 16 . 160
Transportation Facilities
Policies
1 . Roads 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 used.
2 . Major highways, freeways and railways should be located away from shorelands .
3 . Road 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 . Extensive loops or spurs of old highways with high aesthetic quality should be kept in service
as pleasure bypass routes , especially when main highways , paralleling the old highway, must carry
large traffic volumes at high speeds .
6 . Roads located in wetland areas should be designed and maintained to prevent erosion and to
permit the natural movement of ground water.
7 . Location of roads and railroads should not require the rerouting of stream and river channels .
8 . Roads and railroads should be designed, constructed and maintained to minimize erosion 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 waterway 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 . Abandoned or unused road or railroad right-of--way which offer opportunities for public
access to the water should be acquired or retainedfor such use .
Use Regulations
1 . Application for roads and railroads must adequately address the following :
Need must be shown for a shoreline location and that no reasonable upland alternative exists .
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.
• That the project will be planned to fit the existing topography as much as possible, thus
minimizing alterations to the natural environment.
• 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 :
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 45
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 .
Bridge approach fills shall not encroach in the floodway of any stream or river.
All bridges shall be high enough (minimum of three feet above 100 -year flood elevation) to
pass all expected debris and anticipated high water flows from a 100 -year flood.
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 water
quality protection and erosion control as all other bridges .
4 . Private road construction and maintenance shall conform to the following standards :
Road subgrade widths shall be the minimum commensurate with the intended use , generally
not more than 20 feet for single lane roads .
Roads shall follow natural contours where possible . Natural benches , ridge tops and flat
slopes are preferred locations .
Erodible cuts and filled slopes shall be protected by planting or seeding with appropriate
ground cover or by matting immediately following construction .
5 . Requirements for culvert installation in streams used by anadromous fish are defined by the
Washington State Department of Fisheries and culvert installation may require a hydraulic permit.
6 . Excess construction materials shall be removed from the shoreline area.
7 . Filling of bottom lands , tidelands , and biological wetlands for road or railroad rights-of-way
shall be prohibited. Such filling may be considered a Conditional Use PROVIDED the applicant
can demonstrate all of the following :
a. Extraordinary or unique circumstances relating to the property exist which require the
proposed shoreline location.
b . No viable alternative using a different method or structural solution exists .
8 . 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.
9 . 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 .
10 . Storm water runoff shall be controlled to reduce suspended solids and other pollutants before
entering any surface water body.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 46
Chapter 7 . 16 . 170
Piers And Docks
Definition
A structure built over or floating upon the water, used as a landing place for marine transport or
for commercial or recreational purposes . Structures regulated by this section include piers and
docks , floats , stairways , marine railways , mooring buoys and boat ramps .
Policies
1 . Piers and docks should be designed and located to minimize obstruction of views and
conflicts with recreational boaters and fishermen.
2 . Cooperative uses of piers and docks are favored.
3 . The type , design and location of docks and piers should be compatible with the shoreline area
where they are located. Consideration should be given to shoreline characteristics , tidal action,
aesthetics , adjacent land and water uses , water quality and the habitat of fish and wildlife .
4 . Priority should be given to the use of community piers and docks in all new waterfront
subdivisions . In general, encouragement should be given to the cooperative use of piers and docks .
5 . Mooring buoys and floats are preferred over piers and docks .
6 . Joint use stairways are preferred over piers and docks .
7 . Boat houses and covered moorages shall be discouraged.
Use Regulations
1 . The location and design of docks and piers, as well as the subsequent use , shall minimize
adverse effects on fish, shellfish, wildlife and water quality.
2 . Docks and piers shall be located, designed and operated to not significantly impact or
unnecessarily interfere with the rights of adjacent property owners , or adjacent water uses .
Structures shall be located a minimum of five feet from side property lines . Community use or
joint use facilities may be located on the property line .
3 . 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.
4 . No pier, dock, or float or similar device shall have a residential structure constructed upon it.
5 . Prior to final project approval of a residential subdivision or short plat, a usable area shall be
set aside for a community pier or dock, unless no suitable area exists . Only one pier or dock is
permitted in a new residential subdivision or short plat where each lot frontage does not exceed
150 feet on the shoreline .
6 . There is no maximum length, width or height for commercial or industrial piers and docks .
The proponent must show the size of the proposal is the minimum necessary to allow the intended
use . Mining associated piers and docks are regulated under Section 7 . 16 . 060 of this Master
Program.
7 . Maximum overall length of a recreational pier or dock facility including float shall be only so
long as to obtain a depth of three feet of water as measured at mean lower low water on salt water
or a depth of five feet as measured from ordinary low water on lakes . The length of any pier or
dock facility shall not exceed the lesser of 15 percent of the fetch or 100 feet from OHWM on salt
water and 50 feet on fresh water shorelines . Joint or community use facilities may be an additional
15 feet in length, and shall not exceed a depth of minus five (-5 ) feet .
When sufficient depth to serve a vessel is not found at these lengths , a recreational float, with one
boat slip , may be located at a depth sufficient to serve the vessel , but not exceeding minus eight (-
8) feet as measured from mean lower low water, on marine shores , and ordinary low water on lake
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 47
shores .
8 . Only one dock is allowed per lot.
9 . The width of recreational piers and docks shall not exceed eight feet .
10 . At the end of a dock or pier, a float may be attached . These floats may either be parallel to
the dock or pier, or form a " T " or "L " . In tidal water, the float shall not exceed 400 gross square
feet without a boat slip (700 square feet for two joint .use owners) , or 600 gross square feet with a
boat slip ( 1 , 000 square feet for two joint use owners) . In fresh water, the float area shall not
exceed 250 square feet without a boat slip (400 square feet for two joint use owners) , or 400
square feet with a boat slip (700 square feet for two joint use owners) .
Joint or community use facilities shall be allowed the above float areas for the first two lot owners
plus an additional 20 percent size increase on the base float area per each lot owner up to a
maximum of nine lot owners (see chart) .
11 . On lakes throughout the County a float may be attached in either an " L " or " T " formation .
When the " L " or " T " shaped design is used, on lakes , the portion parallel to the shoreline shall not
exceed 16 feet in width .
12 . Unattached recreation floats shall not exceed 400 gross square feet in tidal water, or 250
square feet in fresh water. There shall be no more than one per residence . Unattached recreational
floats shall be chain anchored .
13 . Recreational piers shall be no higher than 11 feet above mean higher high water. Piers and
docks shall have at least an eight-foot span between pilings .
14 . The surface of floating structures shall be a minimum of eight inches above the surface of the
water.
15 . All floating structures shall include intermittent supports to keep structures off the tidelands
at low tide .
16 . All facilities shall be constructed and maintained in a safe and sound condition. Abandoned
or unsafe docks and piers 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.
17. Recreational Mooring Buoys are exempt from the Substantial Development Permit process .
18 . There is no maximum length or width for commercial industrial or community use marine
railways or boat ramps, however, the proponent must show the size proposed is the minimum
necessary to allow the use proposed .
19 . Marine railways and concrete boat ramps may be permitted. Ramps shall be placed at beach
grade, and not elevated on fill
20 . Design standards for boat ramps and marine railways are as follows :
Ramps and railways shall not exceed 12 feet in width .
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) .
• Ramps and railways shall not exceed 18 inches in height at the line of ordinary high water, or
the toe of the bulkhead.
21 . Stairways less than $ 2 , 500 in value located landward of mean higher high water and less
than ten feet waterward of the toe of the bank do not require a Substantial Development Permit .
Stairways exceeding $ 2 , 500 in value located landward of mean higher high water and less than ten
feet waterward of the toe of the bank require a Substantial Development Permit . Stairways located
waterward of mean higher high water, exceeding $2 , 500 in value shall require a Conditional Use
Permit. Stairways shall not be located more than ten feet waterward of the toe of the bank.
Stairways located waterward of mean higher high water but less than $2 , 500 in value shall require
a Conditional use Permit.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 48
22 . Stairways shall be located landward of bulkheads except where proven infeasible .
23 .- Covered moorage and over the water boat houses are prohibited except in marinas . Boat
houses on land shall be subject to a maximum size of 600 square feet and shall meet all setback
requirements and require a Substantial Development Permit .
TIDAL WATER TIDAL WATER FRESH WATER FRESH WATER
WITH WITHOUT WITH WITHOUT
BOAT SLIP BOAT SLIP BOAT SLIP BOAT SLIP
Single Owner 600 400 400 250
Joint Use 11000 700 700 400
( two owners )
* Community Use
or Joint Use
3 owners 11120 78u" 780 450
4 of 11240 860 860 500
5 1 , 360 940 940 550
6 11480 11020 12020 600
7 11600 17100 11100 650
8 11720 11180 11180 700
9 11840 11260 11260 750
*Maximum bonus allowed
Mean High Tide (MHT) for the following locations :
Union - Hood Canal 10 . 80 feet
Allyn - Case Inlet 13 . 21 feet
Arcadia - Pickering Passage 13 . 40 feet
Shelton - Oakland Bay 13 . 20 feet
Vaughn - Case Inlet 13 . 20 feet
Walker's Landing - Pickering Passage 13 . 30 feet
Mean Higher High Tide (MHHT) for the following locations :
Union - Hood Canal 11 . 80 feet
Allyn - Case Inlet 14 . 13 feet
Arcadia - Pickering Passage 14 . 40 feet
Shelton - Oakland Bay 14 . 20 feet
Vaughn - Case Inlet 14 . 10 feet
Walker's Landing - Pickering Passage 144 . 30 feet
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 49
Chapter 7 . 16 . 180
Archaeological Areas and Historic Sites
According to anthropological data, human habitation of the shoreline areas of Mason County spans
hundreds , most likely thousands , of years . Due to climate , vegetation and the effects of population
changes , visible evidence of such habitation is primarily that of the last 50 years . Frequently, sites
are discovered during construction of buildings , transportation routes (including trails), bridges ,
ditching, drilling and the like .
Because of their rarity and the education link they provide to our past, these locations should be
preserved. Because of their delicate nature, the utmost care and caution must be used in any
development of these areas . Thus , these guidelines should be closely adhered to in all areas,
whether Urban, Rural , Conservancy or Natural .
Policies
1 . The Shorelines Advisory Board should know of these areas and consult with professional
archaeologists to identify areas containing potentially valuable archaeological data, and to establish
procedure to salvage this data.
2 . Where possible, sites should be permanently pressured for scientific study and public
observation . In areas known to contain archaeological data, local governments or the Shorelines
Advisory Board should attach a special condition to the shoreline permit providing for a site
inspection and evaluation by an archaeologist to ensure that possible archaeological data is
properly salvaged. Such a condition might also require approval by local government before work
can resume on the project following such and examination.
3 . Shoreline permits , in general, should contain special provisions which require developers to
notify local governments if archaeological data is uncovered during excavation.
4 . On sites not designated by archaeological and historical authorities but where the above
artifacts are found, the archaeological or anthropological, and historical authorities should be
notified .
5 . The National Historic Preservation Act of 1966 and RCW 43 . 51 provide for the protection,
rehabilitation, restoration and reconstruction of districts, sites, building, structures and objects
significant to American and Washington history, architecture, archaeology or culture . The State
Legislature names the Director of the Washington State Parks Planning and Resources Department
as the person responsible for this program.
Use Regulations
1 . Excavation of archaeological sites shall be directed by archaeologists approved by the Society
for American Archaeology and/or a University Department of Anthropology.
2 . Cooperation and permission of groups or individuals concerned with the site, such as tribal
governments and private property owners, shall be obtained before excavation begins .
3 . Excavated sites shall be restored upon completion of research. Information signs may be
placed on the sites . If possible, educational display units shall be constructed on the sites .
4 . Copies of archaeological and anthropological reports on excavations shall be made available
to county libraries and concerned groups or individuals .
5 . These rules apply in each division environment, i . e . , Urban, Rural , Conservancy, and Natural .
(Attached will be a list of these sites in Mason County as we learn of them. )
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 50
Chapter 7 . 16 . 190
Recreational Development
Definition
Recreational development includes facilities such as campgrounds , recreational vehicle parks , day
use-parks , etc .
This section applies to both publicly and privately owned shoreline facilities intended for use by
the public or private club , individual group or association.
Uses and activities associated with recreational development which are identified as separate use
activities in this program, such as boating facilities , piers and docks , residential and commercial
development are subject to the regulations established for those uses in addition to the standards
established in this section .
Policies
1 . Shoreline developments that serve a variety of recreational needs should be encouraged.
2 . All proposed recreational developments should be designed, located and operated to protect
the quality of scenic views and to minimize adverse impacts on the environment. Favorable
consideration should be given to those projects which compliment 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 .
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 . security and fire protection;
d. the prevention of overflow and trespass onto adjacent properties, including but not limited to
landscaping, fencing and posting of property;
e . 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 devices 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.
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 is discouraged in all shoreline areas except where special areas
have been set aside for this purpose .
Use Regulations
1 . All proposed recreational developments shall be analyzed for their potential effect on
environmental quality and natural resources .
2 . Recreational developments shall comply at all times with the updated local and State Health
regulations and such compliance made a condition of the permit .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 51
3 . Priority shall be given to developments which provide recreational uses and which facilitate
public access to shorelines .
4 . Parking areas shall be located inland, away from the immediate edge of the water and
recreational beaches, unless there is no area available . Provisions shall be made for adequate
vehicular parking and safe pedestrian crossings . Design of parking areas shall ensure that surface
runoff does not pollute adjacent waters . Design shall provide for storm water retention and shall
be reviewed by Mason County Department of Public Works .
5 . Vehicular traffic is prohibited on beaches , bars , spits and streambeds , except for boat
launching and maintenance activities . Perimeters of parking areas shall be landscaped to minimize
visual impacts to the shorelines , roadways and adjacent properties .
6 . Trail access shall be provided from upland facilities to the beach area.
7 . Public access points on lakes and marine waters must provide parking space appropriate for
the intended use .
8 . Events and temporary uses in the public interest may be approved by the Administrator in any
environment, provided that such uses will not damage the shoreline environment.
9 . Recreational developments must provide facilities for non-motorized access , such as
pedestrian or bicycle paths to link the recreation area to the shoreline .
10 . The following regulations shall apply to artificial aquatic life habitats :
Habitats shall not interfere with surface navigation ;
Habitats shall be constructed and moored so as to remain in their original location, even under
adverse current or wave action;
• Conditions of the State Departments of Fisheries and Wildlife Hydraulic Project Approval may
be incorporated into any permit issued.
11 . Trailer spaces, camping sites and similar facilities shall not be located on beaches and
tidelands .
12 . Recreational facilities shall make adequate provisions for water supply, sewage disposal and
garbage collection.
13 . 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 .
14 . Signs associated with recreational facilities shall be kept to a minimum in number and size
and shall be erected as informational or directional aids only.
15 . To protect natural features and adjacent properties , park and recreational facilities shall
prohibit the use of all-terrain vehicles in the shoreline area.
16 . 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 . ) .
17 . Accessory facilities , such as restrooms, recreation halls, commercial services , access roads
and parking areas shall be located inland from shoreline areas unless it can be shown that such
facilities are shoreline dependent . These areas shall be linked to the shoreline by walkways .
18 . 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 the
methods to be used to prevent leachate from entering adjacent water bodies . Buffer strips shall be
included in the plan . The County shall determine the maximum width necessary for buffer strips ,
but in no case shall the buffer strip be less than 25 feet .
19 . 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 project
dimensions , location of project components on the site , intensity of use , screening, parking
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 52
requirements and setbacks , as deemed appropriate to achieve this end.
20 . No recreation building or structure , except piers or docks , or bridges shall be built over the
water.
21 . Proposals for recreational development shall include plans for sewage disposal . Where
treatment facilities are not available , the County shall limit the intensity of development to meet
strict County and State on-site sewage disposal requirements .
RECREATIONAL DEVELOPMENT
SHORELINE AREA
REGULATION URBAN RURAL
CONSERVANCY NATURAL
1 . Shore setbacks (in feet) from OHWM for
a. Campsites , picnic 25 50 100
C
facilities and related
structures
b . Access roads , restrooms 50 100 100
X
c . Accessory uses , structures , 75 100 150
X
parking, commercial services
2 . Sideyard setbacks (in feet) for :
a. Roads , campsites , 10 50 75
C
restrooms
b . Accessory uses structures , 20 75 100
X
parking, commercial services
3 . Height limit (in feet)
a. 0- 100 feet from OHWM 25 20 15
X
b . 101 -200 feet from OHWM 35 25 25
X
4 . Site coverage 60 40 20
5 %
C = Conditional
X = Prohibited
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 53
Chapter 7 . 24
Environment Designations
Sections :
T24 . 010 Shorelines of Statewide Significance
7 , 24 , 020 Lakes
7624 , 030 Creeks and Rivers
7 , 240040 Marine Waters Shorelines
7424 , 050 Marine Waters
7 , 24 , 060 Fresh Waters
7 . 24 . 070 Islands
7 , 244080 Environment Designation Map
7 . 24 . 090 Map Amendments
7 . 24 . 010 Shorelines of Statewide Significance . The Shorelines Management Act of 1971 has
designated the following shoreline areas of Mason County as Shorelines of Statewide Significance :
1 . Hood Canal
2 . Lake Cushman
3 . Skokomish River (downstream from the confluence of its North and South Forks)
The Act further 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 . " The Department, in adopting guidelines for shorelines of statewide
significance , shall give preference to uses in the following order of preference which :
1 . Recognize and protect the statewide interest over local interest;
2 . Preserve the natural character of the shoreline ;
3 . Result in long term over short term benefit;
4 . Protect the resources and ecology of the shoreline ;
5 . Increase public access to publicly owned areas of the shoreline;
6 . Increase recreational opportunities for the public in the shoreline ;
7 . Provide for any other element as defined in RCW 90 . 58 . 100 deemed appropriate or necessary.
In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic
qualities of the natural shorelines of the state be preserved to the greatest extent possible consistent
with the overall best interest of the state and the people generally. To this end uses shall be
preferred which are 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 shoreline . 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 , 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 developments 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 . "
7 . 24 . 020 Lakes
ANDERSON - Urban Residential
BENNETTSEN - Conservancy
BENSON - Urban Residential
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 54
CRANBERRY - All that portion in Section 29 , Township 21 North, Range 3 West, is Natural and
all that portion in Section 28 , Township 21 North, Range 3 West, is Rural .
CUSHMAN (Res) - Natural from the northern tip of the lake on the east side to the east section
line of Section 12 , Township 23 North, Range 5 West. Urban Residential in all of
Sections 7 and 18 , Township 23 North, Range 4 West . All of Lake Cushman State Park is
Conservancy. Urban Residential from Lake Cushman State Park south to the North Fork
of the Skokomish River. Conservancy from the North Fork of the Skokomish River to the
Upper Dam. Rural from the northern tip of the lake on the west.
CUSHMAN #2 (KOKANEE) - Natural, except the platted portion of the east side, extending from
Lake Cushman Dam #2 on the south to the north property line of Lake Cushman Division
18 , Section 5 , Township 22 North, Range 4 West, which is Urban Residential . No
building on slopes greater than 20 percent is allowed.
DEVEREAUX - Conservancy, except for the platted portion in Section 7 .
FAWN - Urban Residential
FORBES - Urban Residential
HANKS - Rural
HAVEN - Urban Residential
ISABELLA - Conservancy, except that part in Section 6 , Township 19 North, Range 3 West,
which is Urban Residential , and that portion parallel to County Road 1075 in Section 31 ,
Township 20 North, Range 3 West, which is Urban Residential .
ISLAND - Urban Residential
LIMERICK - Urban Residential
LOST - Urban Residential
MAGGIE - Urban Residential
MASON - Urban Residential, except Simpson Recreation Center is Conservancy.
MELBOURNE - Conservancy
NAHWATZEL - Rural, except Sections 4 , 8 and 9 , Township 20 North, Range 5 West, which are
Urban Residential .
PANTHER - Urban Residential
PHILLIPS - Urban Residential
PRICE - Natural
PRICKETT - Urban Residential
SIMPSON - Urban Residential
SPENCER - Urban Residential
STAR - Urban Residential
STUMP - Natural
TEE - Urban Residential
TIGER - Urban Residential
TIMBER - Urban Residential
WOOTEN - Urban Residential
7 . 24 . 030 Creeks and Rivers
BAKER CREEK - Conservancy
BINGHAM CREEK - Conservancy, except that portion in the Southwest Quarter of Section 2 ,
Township 19 North, Range 6 West, which is Rural .
CANYON RIVER - Conservancy
CLOQUALLUM CREEK - Conservancy
DECKER CREEK - That portion in Section 18 , Township 20 North, Range 6 West is Natural .
The remainder is Conservancy with the exception of that platted portion in Section 30 ,
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 55
Township 19 North, Range 6 West, which is Urban Residential .
DEER CREEK - Conservancy, except that portion in Section 36 , Township 21 North, Range 3
West, which is Rural .
DEWATTO RIVER - Conservancy
DRY BED CREEK - Conservancy
DRY CREEK - Conservancy, except all of Section 10 , Township 20 North , Range 6 West , which
is Rural .
DRY RUN CREEK - Conservancy
GOLDSBOROUGH CREEK SOUTH FORK - Conservancy from the beginning downstream to
where it enters Section 24 , Township 20 North, Range 4 West. The remainder,
downstream to Oakland Bay, is Urban Residential .
GOLDSBOROUGH CREEK NORTH FORK - Rural, except that portion in Section 19 ,
Township 20 North, Range 4 West, which is Conservancy.
GOSNELL CREEK - Rural
HAMMA HAMMA RIVER - Conservancy, except that portion in Section 27 , Township 24 North,
Range 3 West, which is Rural .
JEFFERSON CREEK - Conservancy
JOHNS CREEK - Rural, except that portion in Section 3 , Township 20 North , Range 3 West,
which is Urban Residential .
KENNEDY CREEK - Conservancy
LILLIWAUP CREEK - Conservancy, except that portion in Section 19 , Township 23 North,
Range 3 West, which is Urban Residential .
LILLIWAUP SWAMP - Natural
McTAGGERT CREEK - Conservancy
MILL CREEK - Rural
MISSION CREEK - Conservancy to the mid-section line of Section 25 , Township 23 North,
Range 2 West, with the remainder in Urban Residential .
RENDSLAND CREEK - Conservancy
SATSOP RIVER EAST FORK - Conservancy
SATSOP RIVER MIDDLE FORK - Conservancy
SHUMOCHER CREEK - Conservancy
SKOKOMISH RIVER - Rural
SKOKOMISH RIVER NORTH FORK - Conservancy
SKOKOMISH RIVER SOUTH FORK - That portion in Section 15 and 23 , Township 22 North,
Range 5 West is Conservancy. That portion in Sections 25 , 35 , 36 , Township 22 North,
Range 5 West is Natural . That portion in Section 2 , Township 21 North, Range 5 West is
Natural . The remainder is Conservancy.
SKOOKUM CREEK - Conservancy from the beginning downstream to Highway 101 . The
remainder is Rural .
TAHUYA RIVER - Conservancy from the beginning at the Kitsap County line downstream to the
south Section 32 , Township 23 North, Range 2 West . The remainder is Urban
Residential .
UNION RIVER - Rural
UNNAMED CREEK (4-20 -5 ) - Rural
VANCE CREEK - Conservancy
SHERWOOD CREEK - Conservancy, except that portion in Sections 29 and 30 , Township 22
North, Range 1 West , which is Rural .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 56
7 . 24 . 040 Marine Waters Shorelines
1 . Marine waters of Mason County are contained in two natural systems : Southern Hood Canal ,
and the South Puget Sound area. These areas are further subdivided into the shoreline
segments listed below, with the appropriate environment designations . Those designations
shall apply in a given shoreline area, subject to the following provisions :
Provided : that, for the purpose of evaluating applications for substantial development within 200
feet, on either side, of a perennial stream's entrance into marine waters, such shoreline
shall be considered as being a Conservancy Environment, when the Administrator and/or
the Shorelines Advisory Board, determines said estuarine shoreline to be undeveloped or
substantially undeveloped. In such cases , the associated wetlands and marshes , if any, of
the perennial stream estuary in question shall also be considered as a Conservancy
Environment.
Provided : that those areas of the marine shorelines where the average width of the land area
between the line or mean higher high tide and the right-of--way line of an adjacent public
highway is 30 feet or less shall be considered Conservancy when, in the judgment of the
administrator or the Advisory Board, said shoreline areas are undeveloped or substantially
undeveloped .
Provided : that all existing, active , commercial log storage and booming grounds on marine waters
shorelines shall be considered Urban Industrial .
The above, special environment designations for undeveloped or substantially undeveloped
estuarine highway-intruded shorelines , and for log storage grounds shall supersede the
environment designations on the following marine shorelines, where applicable :
a. West Shore of Hood Canal - Urban Residential, with the following exceptions : the south half
of Section 12 , Township 24 North, Range 3 West, which is Conservancy; the shoreline
within 200 feet on either side of the entrance of Eagle Creek into Hood Canal, which is
Conservancy; from the mid-section line of Section 20, Township 23 North, Range 3 West,
south to the Lilliwaup Bridge, which is Conservancy; from the mid-section line of Section
20 , Township 23 North, Range 3 West, south to the Lilliwaup Bridge, which is
Conservancy. In addition, all the Hamma Hamma River estuary east of Highway 101 is a
Conservancy Environment. This Conservancy Environment is bounded on the north by
line projected easterly from the intersection of Lon Webb Road and Highway 101 to Hood
Canal; and bounded on the south by a line projected easterly from the east-west
midsection line of Section 27 , Township 24 North, Range 3 West to Hood Canal . A Rural
Environment extends from the midsection line of Section 26, Township 24 North, Range
3 West, south to the southerly line of NE 1 /4 of the NE 1 /4 of Section 34 , Township 24
North, Range 3 West. Urban Commercial Environments are in Lilliwaup , from the Post
Office along State Highway 101 to the Lilliwaup Bridge, both ends inclusive and in
Hoodsport from ITT Rayonier to the Sunrise Motel, both ends inclusive .
b . East Shore of Hood Canal - Rural from Kitsap County line to Rendsland Creek, except for
Sections 5 and 6 , Township 23 North, Range 3 West, which is Conservancy.
c . North Shore of Hood Canal - Urban Residential from Rendsland Creek to the west boundary
of Belfair State Park. From the west boundary of Belfair State Park through Section 31 ,
Township 23 North, Range 1 West in Conservancy.
d. South Shore of Hood Canal - Urban Residential from the north section line of Section 6 ,
Township 22 North, Range 1 West, to the south section line of Section 31 , Township 22
North, Range 3 West, with the following exceptions : the Twanoh State Park shoreline is
Conservancy; there is an Urban Commercial Environment in Union from Buachel's
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 57
Garage to the Post Office , both ends inclusive , and there is an Urban Commercial
Environment from Alderbrook Inn to the Robin Hood complex, both ends inclusive .
e . Case Inlet, Pickering Passage Hammersley Inlet Oakland Bay, Totten and Skookum Inlets
( 1 ) Urban Residential from the Pierce County line to the midsection line of Section 16 ,
Township 22 North, Range 1 West, with the remainder of Section 16 in Rural . That
portion in Sections 8 and 9 , Township 22 North, Range 1 West is Conservancy. Rural
form the north section line of Section 17 , Township 22 North, Range 1 West to the
midsection line of Section 17 , Township 22 North, Range 1 West.
(2) Urban Residential from the midsection line of Section 17 , Township 22 North, Range 1
West to the east-west midsection line of Section 21 , Township 20 North, Range 2 West,
with the following exception : in Allyn, from Sherwood Creek to the forks on Highway 3
is Urban Commercial .
(3 ) Rural from the east-west midsection line of Section 21 , Township 20 North, Range 2 West
to the west section line of Section 19 , Township 20 North, Range 2 West. Urban
Residential from the west section line of Section 19 , Township 20 North, Range 2 West to
Chapman Cove . Chapman Cove to County Road 2369 is Rural . Urban Residential from
County Road 2369 to the north section line of Section 2 , Township 20 North, Range 3
West . That portion in Sections 35 and 36 , Township 21 North, Range 3 West is
Conservancy.
(4) Urban Residential from the north section line of Section 2 , Township 20 North, Range 3
West to Mill Creek, with the following exception : the City of Shelton industrial area
fronting on Oakland Bay and reaching to the Outer Harbor Line is Urban Industrial . From
Mill Creek to the midsection line of Section 20 , Township 20 North, Range 2 West is
Rural . Conservancy from the midsection line of Section 20 , Township 20 North, Range 2
West to the plat of Arkada Park. Urban Residential from the plat of Arkada Park to
midsection line of Section 11 , Township 19 North, Range 3 West. All of Skookum Inlet
from this point to the midsection line of Section 11 , Township 19 North, Range 3 West is
Rural . Urban Residential from this point to the south section line of Section 11 , Township
19 North, Range 3 West. Rural form the north section line of Section 14 , Township 19
North, Range 3 West to the east-west midsection line of Section 21 , Township 19 North,
Range 3 West. The remainder is Conservancy.
7 . 24 . 050 Marine Waters
1 . Marine waters of Mason County lying immediate.y adjacent to the shorelands shall have the
sub-environment designation of the shorelands vvetlatids themselves, subject to the following
provisions :
PROVIDED : that marine waters adjacent to Urban Residential Environments , Rural
Environments , Conservancy Environments, and Natural Environments , between one
fathom and ten fathoms in depth shall be considered a Conservancy Environment .
PROVIDED : that marine waters adjacent to shorelands weds of any environment designation
which are ten fathoms or more in depth shall be considered a Natural Environment.
2 . Urban Industrial . Marine waters of Mason County which lie immediately adjacent to
shorelands wed designated as Urban Industrial Environment shall be considered as
Urban Industrial Environment from the line of mean higher tide to a depth of ten fathoms,
as determined by the USGS , except that the Shelton Urban Industrial Environment shall
extend only to the Outer Harbor Line . In addition , all existing, floating, active log storage
and booming areas shall be considered Urban Industrial, and shall supersede any other
environment designation where they exist .
3 . Urban Commercial . Marine waters of Mason County which lie immediately adjacent to
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 58
shorelands wetlands designated as an Urban Commercial environment shall be considered
as Urban Commercial environment from the line of mean higher high tide to a depth of ten
fathoms , as determined by the USGS .
4 . Urban Residential. Marine waters of Mason County which lie immediately adjacent to
shorelands wetlands designated as an Urban Residential Environment shall be considered
as Rural Environment from the line of mean higher high tide to a depth of one fathom, as
determined by the USGS .
5 . Rural Environment. Marine waters lying immediately adjacent to shorelands weds
designated as Rural Environment shall be considered as Rural Environment from the line
of mean higher high tide to a depth of one fathom, as determined by the USGS .
6 . Conservancy Environment. Marine waters lying adjacent to shorelands ids designated as
Conservancy Environment shall be considered as Conservancy Environment from the line
of mean higher high tide to a depth of one fathom, as determined by the USGS .
7 . Natural Environment. Marine waters lying adjacent to shorelands wetlands designated as
Natural Environment shall be considered as Natural Environment from the line of mean
higher high tide to a depth of one fathom, as determined by the USGS .
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 59
H . SCHEMATIC EXPLANATION
F
RIE WATER ENVIRONMENTS
FOR FOR
URBAN INDUSTRIAL URBAN RESIDENTIAL ,
OR RURAL , CONSERVANCY ,
URBAN COMMERCIAL OR NATURAL
SHORELINE DESIGNATIONS SHORELINE DESIGNATION
Urban Industrial
10 1 10
Fathoms 10F + Fathom Fathoms 10F + -
4% '
Shoreline i \ I I
Shoreline I
I 1 I
1
Urban
1
Industrial ) I Urban
( Residential , I
Rural , I I
Conservancy ,
i or
Natural
I 1 I
J I I
Urban I I I
I
Commercial
( I I
I I I
I I
I I I I
I � I
Urban Commercial Natural Rural , Conservancy Natural
Conservancy ,
or Natural
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 60
7 . 24 . 060 Fresh Waters
1 . Those freshwater bodies having a single , uniform environment designation for the adjacent
shorelands wetlands shall be considered as having the same environment designation as
said adjacent shorelands wetlands .
2 . The environment designations for those freshwater bodies having more than a single, uniform
environment designation for the adjacent shorelands wetlandsshall be as follows :
All freshwater areas fronting on shorelands vrefla of any specific environment designation shall
be considered as Conservancy Environment, with the following exception : freshwater
areas fronting on shorelands wetlands designated as Urban Commercial Environment for a
distance of 150 feet out from the line of ordinary high water, measured horizontally, and
perpendicular to the line of ordinary high water .
3 . All existing, floating, active , commercial log storage and booming areas shall be considered
Urban Industrial, and shall supersede any other designation where they exist.
7 . 24 . 070 Islands
HOPE ISLAND - Conservancy
McMICKEN ISLAND - Conservancy
STRETCH ISLAND - Urban Residential
REACH ISLAND - Urban Residential
HARTSTENE ISLAND - Rural except the west half of Section 26 , Township 21 North, Range 2
West and that portion from the south line of Section 36 , Township 21 North, Range 2
West, north of County Road 3600 which is Conservancy.
All existing active, commercial log storage and booming grounds shall be considered Urban
Industrial, and shall supersede any other designations where they exist.
7 . 24 . 080 Environment Designations Map .
The Mason County Environmental Designations Map (herein referred to as "map ") is hereby made
a part of this Title . The map shall include all shoreline areas of the County designated in this
ordinance, clearly indicating , by color code, the particular environment designation for all
shoreline areas .
MASON COUNTY SHORELINE MASTED PROGRAM December 2002 61
Chapter 7 . 28 . 010
Conditional Uses
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 local government or the Department to prevent undesirable effects of the proposed
use .
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 :
That the proposed use will be consistent with the policies of RCW 90 . 58 and the policies of
the Master Program;
That the proposed use will not interfere with the normal public use of the shorelines ;
That the proposed use of the site and design of the project will be compatible with other
permitted uses within the area;
That the proposed use will cause no unreasonable adverse effects to the shoreline environment
in which it is to be located;
That the public interest suffers no substantial detrimental effect.
Other uses which are not classified or set forth in the Master Program may be authorized as
conditional uses provided that the applicant can demonstrate , in addition to the criteria set forth
above , that extraordinary circumstances preclude reasonable use of the property in a manner
consistent with the use regulations of the Master Program.
Uses which are specifically prohibited by the Master Program may not be authorized.
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.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 62
Chapter 7 . 28 . 020
Variances
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 .
Variance Permits for development that will be located landward of the ordinary high water mark
(OHWM) , except those areas designated as marshes , bogs, or swamps , may be authorized
provided the applicant can demonstrate all of the following :
1 . 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;
2 . 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 ;
3 . 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 shoreline environment;
4 . 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,
5 . That the public interest will suffer no substantial detrimental effect.
Variance Permits for development that will be located either waterward of the ordinary high water
mark, or within wetlands m. a -sties , bogs , ^r swamps , may be authorized provided the applicant can
demonstrate, in addition to Items 1 -5 above, that :
6 . The public rights of navigation and use of the shorelines will not be adversely affected by the
granting of the variance.
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.
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 .
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Chapter 7 . 36
Miscellaneous
Sections :
7 , 366010 Amendments
7036 , 020 Enforcement and Penalties
7 . 36 . 030 Liberal Construction
7 . 36 . 040 Severability
7 , 360050 Comprehensive Review
7 . 36 . 010 Amendments . Any part of this ordinance may be amended subject to the approval of
the Department. An amendment shall not be acted on by the Board until a public hearing in
relation thereto has been held by the Advisory Board at which parties in interest and citizens shall
have an opportunity to be heard. At least ten 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 Advisory Board to set a hearing
date on a proposed amendment ; or a recommendation by the Administrator to the Advisory Board
of such action .
Following completion of the hearing, the Advisory Board shall take action to recommend adoption
or rejection of an amendment on the basis of information of the same nature as described under
7 . 13 . 060 . The action of the Advisory Board 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 Advisory Board . The public meeting at which the Board considers the recommendations of the
Advisory Board shall not take place prior to 30 days following the meeting at which the Advisory
Board took action on the amendment. The Board may, at said public meeting, adopt or reject the
recommendation of the Advisory Board regarding the proposed amendment . In adopting the
amendment as proposed by the Advisory Board the Board may make any changes it deems
necessary. The Board may also summarily reject the recommendation of the Advisory Board and
adopt its own version of the proposed amendment in question.
An action of the Advisory Board on an amendment may be appealed by any aggrieved person,
PROVIDED such appeal is filed within 30 days from the date of the Advisory Board's 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 . 580190 ,
7 . 36 . 020 Restrictions Affecting Value . The restrictions imposed by this chapter shall be
considered by the County Assessor in establishing fair market value of the property.
MASON COUNTY SHORELINE MASTER PROGRAM December 2002 64
7 . 36 . 030 Liberal Construction. 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 .
7 . 36 . 040 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.
7 . 36 . 050 Comprehensive Review. This Title serves the function of a framework for decision-
making, regarding future developments on the waters and shorelands wed 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
Board, or the Advisory Board, such review and revision are necessary to the Title's continued
effectiveness .
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