Clallam County Shoreline Master

Program (SMP) Update

Board of Clallam County Commissioners

March 5, 2018

Work Session

•Why require shoreline buffers?

•How proposed buffer widths developed?

•Compare existing versus proposed buffers.

•Range of comments received on shoreline buffer

widths.

•Allowed uses in shoreline buffers.

Work Session Focus Areas

Why Shoreline Buffers and

How Developed?

Importance of Buffers

• Protect existing shoreline ecological functions.

• Provide fish & wildlife habitat

• Protect water quality

• Provide space for natural processes to occur

– Allow that shorelines can erode or aggrade naturally without

posing a risk to adjacent structures and prompting the need for

shoreline stabilization (e.g., armoring).

• Reduce risks to people and property associated with

flooding, bank erosion, migrating river channels, and

other natural processes and events.

•Used information from the County’s shoreline

inventory and characterization reports.

•Reviewed the scientific literature: – December 2012 Consultant Memorandum on Proposed

Shoreline Buffer Widths

– Local science. Example:

• Bluff Recession in the Elwha and Dungeness Littoral Cells, WA. Dept.

of Natural Resources, Environmental & Engineering Geoscience (May

2015)

– 2014 Ecology Wetland Buffer Guidance for Western Washington.

– 2013 Field Metrics Report (bluff recession, forage fish spawning,

beach sediment & other measures)

– 2013 Ecosystem Services Valuation Report

– Others

How were buffer regulations developed?

Function

Effective

Buffer Range

(feet)

Minimum Buffer Recommendations and Sources

Fine Sediment Removal 30-213 Broadmeadow and Nisbet (2004) [49 to 213 feet]

Desbonnet et al. (1994) [80% at 82 feet]

Lynch et al. (1985) [75-80% at 98 feet] Sweeney and Newbold (2014) [65% at 33 feet, 85% at 98 feet]

Wenger (1999) [30-100 feet] Erosion Control/Bank

Stabilization 30-200 Burckhardt and Todd (1998) [30-200 feet]

Cederholm (1994) [125 feet]

Christensen (2000) [100 feet]

FEMAT (1993) [98 feet – larger in braided channels]

Nitrogen and Phosphorus

Removal 30 - 167 Mayer et al. (2005) [75% at 92 feet] (Nitrogen) Vidon and

Hill (2007) [66 feet] (Nitrogen) Wenger (1999) [50 to 100

feet] (Nitrogen)

Dillaha (1993) [78% at 30 feet] (Phosphorus)

Buffers for Protecting Shoreline

Functions – Water Quality

Function

Effective

Buffer Range

(feet)

Minimum Buffer Recommendations and Sources

Large Woody Debris

Recruitment 100-180 Christensen (2000) [100 to 180 feet]

May (2003) [100 to 180 feet provide 80-90% LWD]

Sweeney and Newbold (2014) [100 feet or 1 Site Potential

Tree Height)]

Organic Matter Input 50-100 FEMAT (1993) [100 feet]

Hawes and Smith (2005) [50-100 feet]

Shade (Water Temperature) 33 - 200 FEMAT (1993) [200 feet for mature forest equivalent]

Lynch et al. (1985) [100 feet for mature forest]

Sweeney & Newbold (2014) [full protection at 100 feet]

General Wildlife Habitat 66-328 Castelle et al. (1992) [100 feet for beaver] Goates (2006) [240 feet to protect 90% of hibernation and

nesting and 148 feet for bird communities]

Knutson and Naef (1997) [66-230 feet for salmonids] May

(2003) [98 to 230 feet for small mammals]

Buffers for Protecting Shoreline

Functions – Habitat

•Tailored to Proposed Shoreline Environmental

Designations (SED)

“buffers and setbacks…should be tailored to local

conditions including existing shoreline functions and

existing and planned land use and public access. Buffers

and setbacks likely will vary…to reflect different shoreline

conditions and functions.”

How were buffer regulations developed?

Proposed Shoreline Buffers

Standard Shoreline Buffer Widths

•Based on Shoreline Environmental Designation (SED)

•Width in some SED’s further varies based on:

– Type of Development

• Minor New Development

• Major New Development”

– Lot depth

•Measured from the Ordinary High Water Mark

(OHWM)

Minor vs. Major New Development

Minor New Development

Single-family or low intensity, water-

dependent recreation uses that meet

ALL of the below criteria:

Clearing: Lesser of 15% of parcel area

or 20,000 sq. ft. (min. 2,500 sq. ft.

allowed);

Impervious area: Lesser of 5% of

parcel area or 6,500 sq. ft. (min. 2,000

sq. ft. allowed);

Cumulative Structure Footprint:

< 4,000 sq. ft.; AND

Buffer Condition: Meets (or restored

to) plant density & cover standards.

Exception: Development on lots subject

to larger buffers as a condition of prior

land division approval.

Major New Development

New land divisions

Creating new lots intensifies development

pressures along shorelines.

Does not qualify as minor new

development.

Commercial and other non-residential

development/uses

Duplex/multi-family residential

Single-family residential not meeting

“minor new development” criteria

Proposed Shoreline Buffer Widths: Minor &

Major New Development

Overlapping Buffers: In the event that buffers for any shorelines and/or critical areas

are contiguous or overlapping, the landward-most edge of all such buffers shall apply.

Lake Sutherland Buffer: Minor new development buffer is 35 feet landward of the

OHWM regardless of lot depth.

Compare Existing Versus

Proposed Buffers

Natural SED: Shoreline Buffer Widths*

Shoreline Environmental Designation (SED)

Development Type CURRENT

(Natural)*

PROPOSED

(Natural)

PROPOSED

(Resource

Conservancy)

Land Divisions (Create new lots)

Prohibited ** 175 ft. 150 ft.

Major New

Development

150 ft.

200 ft. (multi-family)

175 ft. 150 ft.

Minor New

Development (Most Single-Family)

150 ft. 175 ft. 150 ft.

_________________________________

* Current Natural to Proposed SED: Natural (~73%); Resource

Conservancy (~23%); & Residential – Conservancy (~3%)

**No new lot creation within 200 ft. of OHWM.

Existing Conservancy vs. Proposed SEDs

Shoreline Buffer Widths*

Shoreline Environmental Designation (SED)

Development

Type

CURRENT

(Conservancy)*

PROPOSED

(Residential -

Conservancy)

PROPOSED

(Resource

Conservancy)

Land Divisions (Create new lots)

Prohibited** 150 ft. 150 ft.

Major New Dev. 150 ft.

200 ft. (multi-family)

150 ft. 150 ft.

Minor New Dev. (Most Single-Family)

75 ft. 100 or 125 ft. 150 ft.

_________________________________

* Current Conservancy to Proposed SED: Resource Conservancy (~80%);

Shoreline Residential – Conservancy (~11%); Natural (~7.5%); &

Residential – Intensive/ or Marine Waterfront (~1.5%).

**No new lot creation within 200 ft. of OHWM.

Existing Rural vs. Proposed SEDs

Shoreline Buffer Widths*

DEVELOPMENT

TYPE

CURRENT

Rural *

PROPOSED

Residential

Intensive

PROPOSED

Residential

Conservancy

PROPOSED

Resource

Conservancy

Land Divisions

(Create new lots)

150 ft. 100 ft. 150 ft. 150 ft.

Major New Dev. 150 ft. 100 ft. 150 ft. 150 ft.

Minor New Dev.

(Most Single-

Family)

50 ft. 50 or 75 ft. 100 or 125 ft. 150 ft.

_________________________________

•Current Rural to Proposed SED: Shoreline Residential – Conservancy

(~55%); Resource Conservancy (~28%); & Residential – Intensive (~8.5%);

Natural *(~8%)

Existing Suburban/Urban vs. Proposed SEDs

Shoreline Buffer Widths

Shoreline Environmental Designations (SED)

Development Type CURRENT

(Suburban

or Urban)

PROPOSED

(Residential

Intensive)

PROPOSED

(Marine

Waterfront)

Land Divisions

(Create new lots)

150 ft. 100 ft. 100 ft.

Major New Dev. 150 ft. 100 ft. 100 ft.

Minor New Dev. (Most Single-Family)

50 ft. 50 or 75 ft. (35 ft. Lk. Sutherland)

50 or 75 ft.

Shoreline Buffer Observations

•Vast majority of County shorelines (~73%) will have

“regulated buffer widths” of at least 150 to 175-feet because

most of the shoreline area is proposed Resource Conservancy

(~65%) or Natural (~8%).

– However, the “effective buffer widths” will be significantly larger

as most of these shorelines will remain as undeveloped forest

lands, public lands, and/or critical areas (e.g., wetlands, marine

bluffs).

•~23% of shorelines will have regulated buffers of 100 to150

feet under the Shoreline Residential-Conservancy SED.

•~4% of shorelines will have regulated buffers of 35 to100 feet

under the Shoreline Residential-Intensive and Marine

Waterfront SED’s.

Shoreline Buffer Observations

•Proposed buffers are within range recommended by

the scientific literature.

•Development along shorelines under the Shoreline

Management Act (SMA) is not prohibited.

•In particular, the SMA supports water-dependent

uses, public access, and single-family residential as

preferred uses.

Shoreline Buffer Width

Comments

Shoreline Buffers—Range of Comments

•Increase Buffer Widths (Not adequate to achieve no

net loss) to:

– 250-feet based on recommended “Riparian Habitat Area

Widths” by the state Dept. of Fish & Wildlife.

– Minimum of 200-feet on all marine and freshwater shorelines.

– Minimum of 200-feet on streams designated as “critical

habitat” under the Endangered Species Act (ESA) and 150-

feet on all other streams.

– Be sufficient to protect areas potentially subject to sea level

rise/storm surge in near future, especially in areas with

proposed 50 – 75 feet minor new development buffers.

– Measure buffer from the edge of the channel migration zone

(CMZ) rather than the OHWM.

Range of Comments

•Leave buffers unchanged where there is no documented specific

reason for increasing them.

– Any increase in buffers should be based on peer-reviewed, scientific

analysis specific to Clallam County shorelines.

•Proposed shoreline buffers for Resource Conservancy SED

discriminates at least against ownerships of parcels < than 20 acres.

– Consider minor new development buffers similar to the Shoreline

Residential – Conservancy SED.

•Allow owners to enhance buffers, without making them larger (i.e.,

quality more important than size/width).

•Reduce standard shoreline buffer for Marine Waterfront SED from

100-feet to 25-feet for all uses and development.

•Reject proposed SMP.

Critical Area * Current Critical

Area Code (feet)

Proposed SMP

Width (feet)

Notes

Wetlands 25’ – 100’ (Minor Dev.)

50’ – 200’ (Major Dev.)

25’ – 300’ Depends on

wetland category &

impact of adjacent

land use

Other streams 50’ – 65’ (Minor Dev.)

50’ – 150’ (Major Dev.)

50’ – 100’ Depends on if fish

bearing

Landslide

Hazard Areas

50’ 50’-100’-150’ Depends on type

of marine bluff or

hazard

Channel

Migration

Zones (CMZ)

50’ If needed,

based on CMZ

assessment

Critical Area Buffers Also Apply

*Where critical area is contiguous or overlaps shoreline jurisdiction.

Shoreline and Critical Area

Buffer Example

SMP Chapter 6

Shoreline Residential – Conservancy:

Dungeness Bluffs

Exceptional Feeder Bluff

125 ft Shoreline

Buffer

150 ft Landslide

Hazard Buffer

House Footprint

1.2 acre lot; 5,000 SF footprint

Summary

•Development complies with buffer requirements;

home is outside of SMP jurisdiction

•No mitigation required

•No additional vegetation requirements

Allowances in Shoreline

Buffers

SMP Chapter 6

Existing Vegetation (SMP Section 5.14) •Proposed new SMP buffers do not apply retroactively, except where

required mitigation for new and expanded uses and development.1(see note

below)

•Existing views may be maintained.

•Existing areas of residential landscaping, lawns and gardens, may be

maintained, but not expanded.

•Non-destructive limbing and/or pruning allowed:

•New land clearing and grading subject to compliance with the shoreline

and critical area buffer regulations in Chapters 6 and 7 of the SMP.

1Note: Vegetation removal and land clearing along shorelines, critical areas

(e.g., wetlands, landslide hazards) and associated buffers is subject to

compliance with the current County SMP and Critical Areas Code.

• Shoreline Buffer Clearing

– Retain at least 80% well-vegetated area

– 20% of buffer for active use (lawn, pathways)

– Limited clearing, pruning, limbing for views and access

– Hazard tree removal

– Invasive Species Management

– Private pathways

Shoreline Buffers Provisions (Chapter 6)

• Developments Allowed in Buffer (Subject to Mitigation) – Water Dependent and Related Uses

– Pedestrian beach access structures

– Public trails and public access improvements

– Certain utilities and public facilities

• Reductions of Standard Shoreline Buffer Widths – Allowances for Buffer Averaging

– View Protection Common Line Buffer Standards for Single-

Family Residential located within Shoreline Residential-

Intensive and Marine Waterfront SED’s.

– Exceptions for Buffers Interrupted by Roads & Intervening

Developed Lots

– Variances

Shoreline Buffers Provisions (Chapter 6)

Expansion of Grandfathered Single-

Family Residential Uses – 3 tiers Requirements are tiered to the degree of expansion

• Administrative Approval: – 400 sq. ft or less (one time enlargement)

– No waterward expansion beyond existing foundation walls into buffer

– No adverse impact to critical areas (e.g., wetlands)

– No significant impairment to the ability of a substantial number of

people view of shoreline

– Equivalent area enhanced

• Conditional Use Approval: – Expansions and additions that do not meet all of the above criteria

where occurs laterally or landward, but not waterward.

• Variance Required: • Expansion does not meet all of above administrative criteria and

extend waterward beyond existing foundation further into buffer.

Questions/Next Steps