Skip to main content
Loading…
This section is included in your selections.

A. Authority. This chapter is adopted as part of the shoreline master program of the city. It is adopted pursuant to the authority and requirements of Chapter 90.58 RCW and Chapter 173-26 WAC.

B. Applicability. The requirements of this chapter apply to all uses, activities and development within the shorelands, unless specifically exempted by Chapter 90.58 RCW or Chapter 173-27 WAC, or as specified in subsection F of this section. All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act.

C. Purpose and Intent. It is the purpose and intent of this chapter to achieve the shoreline master program (SMP) mandates of the state of Washington and to adopt property development standards within the shorelands that protect the health, safety, welfare, values and property interests of the city of Mercer Island and its residents.

D. Relationship with Other Mercer Island Codes and Ordinances. This chapter is an integrated element of the city of Mercer Island Unified Land Development Code (MICC Title 19) and other applicable development regulations contained in the Mercer Island City Code, including the storm water management regulations in MICC Title 15, and building and construction regulations in MICC Title 17. The provisions of the critical areas ordinance (MICC 19.07.010 through and including 19.07.190, Ordinance 19C-05) are hereby incorporated as specific regulations of the shoreline master program. To the extent this chapter conflicts with any other section of the Mercer Island City Code, the provisions of this chapter shall govern within the shorelands. In general, provisions related to administration and reasonable use do not apply in shoreline jurisdiction. Activities proposed within the shoreline jurisdiction that required a critical area review 1 or 2 should complete these reviews concurrently with the required shoreline permit.

1. MICC 19.07.120, Exemptions, is excluded from this shoreline master program. Exemptions and exceptions within shoreline jurisdiction are found in WAC 173-27-040, 173-27-044, and 173-27-045.

2. MICC 19.07.130, Modifications, is excluded from this shoreline master program.

3. MICC 19.07.140, Reasonable use exception, and MICC 19.07.150, Public agency exception, are excluded from this shoreline master program and shall not apply in shoreline jurisdiction.

4. MICC 19.07.180(C)(5) and 19.07.190(C)(6), pertaining to buffer reductions, are excluded from the shoreline master program.

5. MICC 19.07.190(D)(1) is excluded from this master program.

6. In order to use the wetland buffer table in MICC 19.07.190(C), all of the applicable minimizing measures listed in MICC 19.07.190(D)(3) must be implemented. For wetlands with a habitat score of six or more, if a protected corridor of relatively undisturbed vegetation exists between the wetland and a nearby priority habitat, the portion on the subject property must be protected. Otherwise the following buffers shall be established from the wetland boundary within shoreline jurisdiction:

Wetland Category

Habitat Score

3 – 5

6 – 7

8 – 9

Category I

100 ft

150 ft

300 ft

Category II

100 ft

150 ft

300 ft

Category III

100 ft

150 ft

300 ft

Category IV

100 ft

150 ft

300 ft

E. Relationship with Other Federal and State Law. The provisions of this chapter shall not relieve any responsibility to comply with other federal and state laws or permits. All work at or waterward of the OHWM may require permits from one or all of the following: U.S. Army Corps of Engineers, Washington Department of Fish and Wildlife, Washington Department of Natural Resources or Washington Department of Ecology.

F. The following development is not required to obtain shoreline permits or local reviews:

1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW.

2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit.

3. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review.

4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045.

5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW. (Ord. 19C-06 § 1 (Att. A)).