Frequently Asked Questions
What projects need a shoreline permit?
Any proposed development within shoreline jurisdiction may need a shoreline permit.
The definition of "development" is: A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of 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 Title 21.
What is shoreline jurisdiction?
The proper term describing all of the geographic areas covered by the Shoreline Management Act, related rules, and the applicable management program. Also, such areas within a specified local government’s authority. See definitions of "shorelines," "shorelines of the state," "shorelines of Statewide Significance," and "associated wetlands."
Shoreline jurisdiction includes all lands within 200 feet of floodway or ordinary high water mark (whichever is greater), plus the entire 100-year floodplain and associated wetlands.
Shoreline jurisdiction in Snohomish County is also illustrated as follows:
Is there more than one type of shoreline permit?
Yes. There are three types:
- Shoreline Substantial Development
- Shoreline Conditional Use
- Shoreline Variance
What is a Shoreline Substantial Development?
Any development within shoreline jurisdiction of which the total cost, or fair market value, whichever is higher, exceeds $2,500, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the types of development defined in SCC 21.12.020 (exemptions) shall not be considered substantial developments for the purpose of Title 21.
What is a Shoreline Conditional Use?
A use or development which is classified by the Management Program as a conditional use in certain shoreline environments or is not classified by the Management Program. Conditional uses can be permitted only by meeting performance standards that make the use compatible with other permitted uses within that area.
What is a Shoreline Variance?
A permit for the limited purposes of granting relief to specific bulk, dimensional, or performance standards set forth in the Management Program, where there are extraordinary or unique circumstances relating to the property such that the strict implementation of the Management Program would impose unnecessary hardships on the applicant, or thwart the policies set forth in chapter 90.58 RCW.
When is a project exempt from obtaining a shoreline permit?
Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions (pursuant to WAC 173-27-040) may be granted. Exemptions apply only to Shoreline Substantial Development permits, not Shoreline Conditional Uses and Shoreline Variances;
The burden of proof that a development or use is exempt from the shoreline permit process is on the applicant. If any part of the proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. Projects which are exempt from obtaining a Shoreline Substantial Development permit are still required to comply with the Shoreline Management Act or the policies and regulations of the Shoreline Management Program.
What is OHWM?
OHWM is the acronym for "ordinary high water mark" which is the mark on all lakes, streams and tidal waters, which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on the effective date of this chapter, or as it may naturally change thereafter. However, in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining saltwater shall be the line of mean higher high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean high water.
What is an associated wetland?
"Wetlands or associated wetlands" are those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high-water mark; and all marshes, bogs, swamps, 100-year floodplains, and river deltas associated with the streams, lakes, and tidal waters, which are subject to the provisions of Title 21.
Is grading a development activity?
Yes. According to the definition of "development," which is a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of 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 Title 21.
What is an HPA?
HPA is the acronym for Hydraulic Project Approval and is obtained from the Department of Fish and Wildlife. Find out more about this topic.
What is a shoreline environment designation?
The categories of shorelines established by local Shoreline Management Programs in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas. The Snohomish County Shoreline Management Master Program classifies shorelines into five environments: natural, conservancy, rural, suburban, and urban.
How do I know what shoreline environment applies to my project?
You must look at the Environment Designation Maps in the Shoreline Management Program to determine the shoreline environment for your project.
Do shoreline permits go to the Hearing Examiner for review?
Some permits are reviewed by the Hearing Examiner but most are issued administratively.
What shoreline permits are reviewed by the Hearing Examiner?
Shoreline projects which have a concurrent land use permit application that requires a hearing before the Hearing Examiner;
Shoreline projects that PDS will lean towards recommending denial;
Complex projects with substantial public interest.
You may refer to the specific County code, under Section 21.16.050 SCC.
Do I need a shoreline permit for a single-family residential development?
Most single-family residential (SFR) developments are exempt from obtaining a Shoreline Substantial Development Permit, but if you don't meet the precise terms of the exemption, you will be required to obtain a shoreline permit.
Click on the SFR Checklist Worksheet to determine if you pass the Exemption test. If you answer "no" to any of the questions, you will be required a shoreline permit.
What is an appurtenance?
An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the perimeter of a marsh, bog, swamp and landward of the ordinary high water mark. Normal appurtenances include a garage; deck; driveway; utilities solely servicing the subject single-family residence; fences; and grading which does not exceed 250 cubic yards (except to construct a conventional drain field).
Are all appurtenances exempt?
No. Only those specifically listed in code such as a garage, deck, driveway, utilities (solely servicing the subject residence), fences, and grading (which does not exceed 250 cubic yards), are appurtenances.