Frequently Asked Questions about the Shoreline Master Program
- How is the Shoreline Master Program different from other King County land use plans and regulations?
- What is the Shoreline Management Act and where does it apply?
- What does the current King County Shoreline Master Program include and how does it affect private property owners?
- What does the Shoreline Management Act require of King County?
- How can the public stay involved during the Shoreline Master Program update process?
- Are agricultural activities on agricultural lands subject to the King County Shoreline Master Program?
- What are the current regulations for docks and piers?
- Are regulations for docks and piers changing as part of the Shoreline Master Program Update?
- How is mining regulated under King County's Shoreline Master Program?
- Will the proposed shoreline regulations allow mining in the conservancy environment?
Q: How is the Shoreline Master Program different from other King County
land use plans and regulations?
A: The Shoreline Master Program protects natural resources,
encourages land uses that require a waterfront location and encourages public
access to public shorelines. The Shoreline Master Program must be consistent
with the King County Comprehensive Plan and zoning regulations.
King County's critical areas regulations also apply to the County's shorelines. However, the geographic scope of the critical areas regulations is broader, because they apply to all water bodies, not just the larger ones regulated by the Shoreline Management Act. The critical areas regulations also apply to other types of critical areas, such as wetlands, wildlife habitat, geologic hazard areas, flood hazard areas and critical aquifer recharge areas. The Shoreline Master Program applies to these areas only when they are located within the shoreline area.
Because the critical areas regulations were recently updated, King County will rely on those regulations as much as possible in order to comply with the state's Shoreline Master Program requirements.
The Shoreline Master Program will be updated in conjunction with the 2008 Comprehensive Plan update to ensure consistency between the two plans.
Q: What is the Shoreline Management Act and where does it apply?
A: Washington's voters approved the Shoreline Management Act in 1972
to protect shorelines and provide for shoreline-dependent uses and public access.
Rules developed through the Shoreline Management Act apply to marine shorelines,
rivers with a flow greater than 20 cubic feet per second, lakes larger than
20 acres and upland areas within 200 feet of these water bodies. Floodplains
and wetlands associated with these shorelines are also subject to the act. State
information on the Shoreline Management Act can be found on Washington
Department of Ecology Shoreline Management Web site (external link).
Q: What does the current King County Shoreline Master Program include
and how does it affect private property owners?
A: The current program was adopted by the
King County Council in 1978, and has not been significantly updated since then.
Regulations implementing these policies are found in Title 25 of the King County
Code. King County maintains a list and map of the specific shorelines regulated
under the program.
Private properties that are located along major shorelines (defined above) or within their floodplains are subject to the management and permit requirements of the Shoreline Master Program. Property owners can determine if their property is affected by looking up their property on King County's Web site.
Q: What does the Shoreline Management Act require of King County?
A: Most counties and cities in Washington are required by the Shoreline
Management Act to adopt a Shoreline Master Program. The Department of Ecology
revised its regulations on Shoreline Master Programs in 2003. These regulations
require all Washington counties and cities with shorelines to update their programs
to be consistent with the new regulations. King County has until December 2009
to complete this update. The Shoreline Management Act also establishes standards
for public involvement that the county must follow during the update its Shoreline
Master Program.
Q: How can the public stay involved during the Shoreline Master Program
update process?
A: King County has created a Shoreline Master
Program update Web site to help keep the public informed throughout this
public process. The Web site will be updated as new information becomes available.
Public workshops will be held across the
unincorporated area in February.
Q: Are agricultural activities on agricultural lands subject to the
King County Shoreline Master Program?
A: No. The King County Shoreline Master Program cannot modify or limit
existing agricultural activities on agricultural lands. However, the Program
must include or reference provisions for new agricultural activities on non-agricultural
lands and conversion of agricultural land to other uses. Existing King County
agricultural regulations, as established under the Livestock Management Ordinance
(1993) and critical areas protection requirements (2004), will remain in effect.
These regulations provide the option of using a farm plan to meet aquatic area
and wetland protection requirements.
Q: What are the current regulations for docks and piers?
A: Docks and piers are covered by two sets of regulations. King County's
existing Shoreline Master Program, K.C.C.
Title 25 (Acrobat file),
applies to docks and piers on lakes 20 acres and larger. King County's
Critical Areas Regulations, K.C.C.
Chapter 21A.24 (Acrobat
file), apply to all lakes, regardless of size, and to wetlands and streams and
other critical areas.
Under the Shoreline Master Program, a pier or dock for the sole use of a single family residence is not an outright permitted use. Joint use docks or piers or floating moorage buoys are preferred alternatives. However, if circumstances do not allow for a joint use dock or pier or a floating moorage buoy, a dock or pier may be allowed.
Under King County's Critical Areas Regulations, new docks or piers are allowed on lake shorelines only if the lake shoreline has the required zoning and existing density of development, and there is no significant vegetation along the shoreline. This means that whether or not a new dock or pier is allowed will depend on the specific circumstances of each lake and property. If a new dock or pier is allowed, it must be seasonal and floating.
These regulations only apply to the construction of a new dock or pier, not to one that already exists and was legally constructed. Existing docks and piers may be maintained with County approvals, although there are limitations on the types of materials used. For example, products containing toxic materials cannot be used.
Q: Are regulations for docks and piers changing as part of the Shoreline
Master Program Update?
A: A number of rural King County lake front property owners have received
anonymous flyers recommending that property owners need to contact King County
before February 28, 2007 if they want to change King County regulations on docks
and floats. The flyer also states King County has recently gathered data to
show who has docks and whether they have permits.
There has been no comprehensive effort by King County to determine which docks have permits. King County is in the midst of a two year process to update its 30 year old Shoreline Master Program. As a first step in that update, King County compiled existing information on a variety of shoreline related issues, including information about shoreline permits and approvals, including docks and piers. This information was used to evaluate shoreline conditions and will be considered in making recommendations on future shoreline management. The inventory information and details regarding the Shoreline Master Program update process can be viewed at on the Shoreline Master Program Web site.
King County released a second draft of an updated Shoreline Master Program for comment in September 2007. King County is reviewing the existing regulations on docks and piers and recommends changes to those regulations.
Q: How is mining regulated under King County's Shoreline Master Program?
A: A property's zoning determines whether mining is allowed on that property. Its shoreline designation is not a factor.
Under the King County Zoning Code, mining is allowed on property that is zoned Mining (M). Mining is also allowed on lands in the Forest Production District that are zoned F. If a property has another zoning designation, such as Rural Area (RA) or Agriculture (A), mining is not allowed, unless the mining activity was legally established before the current zoning was put in place. Under the current Shoreline Master Program, mining is allowed within the shoreline jurisdiction
A property's shoreline designation, for example "rural" or "conservancy" under the current King County Shoreline Master Program, does not alter the zoning for the property. The shoreline designation will not allow mining on a property if the Zoning Code does not allow mining on that property.
Q: Will the proposed shoreline regulations allow mining in the conservancy environment?
A: Yes, on lands that are zoned for mining under the zoning code, the same as under King County's current Shoreline Master Program.
King County has proposed eight new shoreline designations in the second draft of the updated Shorline Master Program, including Conservancy and Resource shoreline environments. The Resource designation is intended to conserve lands designated for agriculture and mining from inappropriate development. The Conservancy designation is primarily intended to protect important ecological resources and public safety while allowing lower intensity land uses.
Mining and the Shoreline Management Act
The Shoreline Management Act has three broad policy goals:
- Protect shoreline natural resources;
- Promote public access; and
- Encourage water-dependent uses.
The Shoreline Management Act also states that "It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses." The Washington Department of Ecology rules that establish standards for shoreline master programs recognize that mining may be an appropriate use on the shorelines under some circumstances. In their recommendations for management policies for the rural conservancy environment, Ecology's guidelines state
Mining is a unique use as a result of it’s inherent linkage to geology. Therefore, mining and related activities may be an appropriate use within rural shoreline areas when conducted in a manner consistent with the environment policies and the provisions of WAC 173-26-241(h) and when located consistent with mineral resource lands designation criteria pursuant to RCW 36.70A.170 and WAC 365-190-070.
