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First Review of Preliminary Draft Shoreline Master Program [Entity] [Month Day, 2009]

First Review of Preliminary Draft Shoreline Master Program [Entity] [Month Day, 2009]. Why Update the SMP Now? Shoreline Management Act passed in 1971, adopted in 1972 County and Cities adopted SMP in 1975, last major update 1979 Cooperative program – state and local governments

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First Review of Preliminary Draft Shoreline Master Program [Entity] [Month Day, 2009]

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  1. First Review of Preliminary Draft Shoreline Master Program [Entity][Month Day, 2009]

  2. Why Update the SMP Now? • Shoreline Management Act passed in 1971, adopted in 1972 • County and Cities adopted SMP in 1975, last major update 1979 • Cooperative program – state and local governments • New State SMP rules adopted in 2003 • All local governments must update • Due in Chelan County by 2013 • County and Cities are working cooperatively • Have State grant as early adopter on east side

  3. Where Does This Apply? • Shoreline Jurisdiction • Stream ≥20 cfs, lakes ≥20 acres • Upland areas 200 feet from OHWM • Floodways and some adjacent floodplain area • Associated wetlands • Private use/development on federal lands • New Uses • Existing shoreline uses and activities may continue

  4. Agenda • SMP Requirements • Key SMP Principles • SMP Development • SMP Contents • Environment Designations • Public Access • Vegetation Conservation • In-water Activities • Upland Activities • Restoration Plan • Next Steps

  5. SMP Requirements

  6. Required Steps SMP - Environment Designations - Goals - Policies - Regulations Local Adoption Inventory & Analysis Cumulative Impacts Analysis Determine Jurisdiction Restoration Plan Public Participation Ecology Review and Adoption

  7. Where Are We Now? SMP - Environment Designations - Goals - Policies - Regulations Local Adoption Inventory & Analysis Cumulative Impacts Analysis Determine Jurisdiction Restoration Plan Public Participation Ecology Review and Adoption

  8. Key SMP Principles

  9. Key Principles of the SMP • Balance • environmental protection • public access • water-oriented uses • No Net Loss of Ecological Function • Preferred Uses

  10. Degraded Improved SMP elements SMP Updates: Achieving No Net Loss of Ecological Function • SMP Update • Framework to achieve NNL • Inventory & Characterization • Environment Designation • Development Policies & Standards • Recommended Actions outside SMA authority • Compliance Strategy • Cumulative Impacts Analysis • Restoration Plan SMP Restoration Plan Voluntary restoration opportunities Higher No Net Loss – Current Baseline Ecological Function On-going degradation from existing development • Off-site mitigation opportunities • Offsetting mitigation Unavoidable impacts from new development Avoid and MitigateImpacts Lower Shoreline violations Key:

  11. Shorelines of State Shorelines of Statewide Significance Preferred Uses: Uses that Protect the statewide interest over local interest Preserve the natural character of the shoreline Result in long-term over short-term benefit Protect the resources and ecology of the shoreline Increase public access to publicly owned areas of the shorelines Increase public recreational opportunities Other element consistent with SMA deemed appropriate or necessary • Preferred Uses: • Uses that control pollution & prevent environmental damage • Uses unique to or dependent upon use of the state's shoreline • Single family residences • Ports • Shoreline recreational uses • Water-dependent uses, e.g. parks, marinas, piers, industrial and commercial developments • Other uses providing an opportunity for substantial numbers of people to enjoy the shorelines

  12. SMP Development

  13. Shoreline Master Program Update Development of the SMP • Builds upon: • SMP Guidelines & Consistency Analysis • Inventory/Analysis Report • Includes: • Specific subjects requested by County and City staff & the public • Furthers consistency with state & federal permit requirements

  14. Public Involvement • Shoreline Advisory Committee Winter 2008/2009 • Visioning Workshops Fall 2008 • Community Outreach – fliers, fairs, etc. • Local City and County meetings with planning commissions and elected officials

  15. Contents • Environment Designations • Goals • Policies • Regulations • Structure • “Universal” Chapters 1-8 • “Unique” Chapters 9-14 • Differences = • environment designations • vegetation conservation • upland development • Intent • Meet state requirements & local community needs • Improve consistency • Improve staff and public usability Preliminary Draft SMP

  16. Current SMP: Prepared in 1975 Pre-Draft SMP Update New Chapters Environment Designations (Chapter 3) Shoreline Works & Structures divided by: Piers and docks (Section 5.14) Shoreline stabilization (Section 5.18) Breakwaters, jetties, groins and weirs (Section 5.6) Flood hazard reduction (Section 4.3) In-water structures (Section 5.12) Ecological Protection & Critical Areas (Section 4.1) Public Access (Section 4.4) Vegetation Conservation (Section 4.5) Water Quality, Stormwater & Nonpoint Pollution (Section 4.6) Shoreline Habitat & Natural Systems Enhancement Projects (Section 5.17) • Contains • Goals and Policies • Shoreline Use Regulations • Environment Boundaries

  17. Changes That May Affect Property Owners Switch from common line setback to standard setback [bullet for Cities only] More prescriptive requirements for shoreline vegetation protection and restoration Increased justification and design requirements for shoreline stabilization Streamlined permitting with added uses subject to SDP rather than CUP Reduced ambiguity and increased consistency and predictability with added detail (e.g., pier regulations, public access)

  18. SMP Contents Environment Designations Public Access Vegetation Conservation In-water Activities Upland Activities

  19. Environment Designations Based On: • Criteria in the Guidelines • Ecological condition per Inventory/Analysis • Existing and planned land use

  20. Environment Designations Chelan County (Section 9.3) • Maintaining existing naming protocol • Natural • Conservancy • Rural • Urban • Adding two new designations • Aquatic (required) • Federal (suggested)

  21. Environment Designations City of Cashmere (Section 10.3) • New designation system consistent with Guidelines recommendations • Urban Conservancy • Shoreline Residential • High Intensity • Aquatic • Recognizes differences in ecological function and desired land uses within the City and its UGA • Formerly a single Urban designation

  22. Shoreline Master Program Update • Environment Designations City of Chelan (Section 11.3) • New designation system consistent with Guidelines recommendations • Urban Conservancy • Shoreline Residential – Single-Family • Shoreline Residential – Multi-Family • High Intensity • Aquatic • Recognizes differences in ecological function and desired land uses within the City and its UGA • Formerly a single Urban designation

  23. Shoreline Master Program Update • Environment Designations City of Entiat (Section 12.3) • New designation system consistent with Guidelines recommendations • Urban Conservancy • Shoreline Residential • Waterfront Business (consistency with Waterfront Plan) • High Intensity • Aquatic • Recognizes differences in ecological function and desired land uses withinthe City and its UGA • Formerly a single Urban designation

  24. Shoreline Master Program Update Environment Designations City of Leavenworth (Section 13.3) • New designation system consistent with Guidelines recommendations • Natural • Urban Conservancy • Shoreline Residential • High Intensity • Aquatic • Recognizes differences in ecological function and desired land uses within the City and its UGA • Formerly a single Urban designation

  25. Shoreline Master Program Update Environment Designations City of Wenatchee (Section 14.3) • New designation system consistent with Guidelines recommendations • Natural • Urban Conservancy • Shoreline Residential • Waterfront (consistency with Waterfront Plan) • High Intensity • Aquatic • Recognizes differences in ecological function and desired land uses within the City and its UGA • Formerly a single Urban designation

  26. Public Access – Proposed Priorities • Maintain existing sites, facilities & easements • Provide new facilities or enhance existing facilities on existing public lands • Acquire property or easements to implement adopted public access plans or to recognize unique opportunities • Require physical or visual access as a condition of approval for shoreline development activities • Would need to be consistent with the level of demand by the development and have a benefit to the public

  27. Shoreline Master Program Update • Vegetation Conservation • Basic Principles (Section 4.5) • Preserve existing vegetation to maximum extent practicable • Additional protection for buffers • All impacts must be mitigated • Aligned with critical areas regulations • Some passive or essential uses (e.g., trails, utilities,) allowed • Existing vegetation and management practices may continue

  28. Shoreline Master Program Update • Vegetation ConservationChelan County (Section 9.5) • Consistent with County Critical Areas Regulations except, water-dependent uses may be located up to water’s edge • Certain other water-oriented uses may be located in buffer if alternate location not feasible

  29. Shoreline Master Program Update Vegetation ConservationCity of Cashmere (Section 10.5) • Widths developed using average existing condition • Water-dependent uses may be located up to water’s edge • Certain other water-oriented uses may be located in the buffer if alternate location not feasible • Buffers may be reduced up to 25% with appropriate mitigation

  30. Shoreline Master Program Update Vegetation ConservationCity of Chelan (Section 11.5) • Widths developed using average existing condition • Water-dependent uses may be located up to water’s edge • Certain other water-oriented uses may be located in the buffer if alternate location not feasible • Buffers may be reduced up to 25% with appropriate mitigation

  31. Vegetation ConservationCity of Entiat (Section 12.5) • Widths developed using average existing condition • Water-dependent uses may be located up to water’s edge • Certain other water-oriented uses may be located in the buffer if alternate location not feasible • Buffers may be reduced up to 25% with appropriate mitigation

  32. Vegetation ConservationCity of Leavenworth (Section 13.5) • Widths developed using average existing condition • Water-dependent uses may be located up to water’s edge • Certain other water-oriented uses may be located in the buffer if alternate location not feasible • Buffers may be reduced up to 25% with appropriate mitigation

  33. Vegetation ConservationCity of Wenatchee (Section 14.5) • Widths developed using average existing condition • Water-dependent uses may be located up to water’s edge • Certain other water-oriented uses may be located in the buffer if alternate location not feasible • Buffers may be reduced up to 25% with appropriate mitigation

  34. Shoreline Uses and Permits • Shoreline Uses & Activities allowed by environment designation • More lenient – Urban or High Intensity • More restrictive – Natural • Other designations in-between – Conservancy • Shoreline Permits • Shoreline Substantial Development Permits • Exemptions • Shoreline Conditional Use Permit • Shoreline Variance Permit

  35. Use Matrix

  36. Piers and Docks (Section 5.14) • Applies to residential structures serving ≤4 residences • Addresses fixed-pile piers, floats, boatlifts, and buoys • Generally permitted on appropriate waterbodies in all environments except Natural • Minimize size of structures, and mitigate for new impacts • Consistency with state and federal regulations

  37. Shoreline Stabilization (Section 5.18) • New bulkheads permitted if necessary • Existing bulkhead may be replaced if demonstrated need • Soft approaches required unless demonstrated to be insufficient • Minimize size of structures • Minimize and mitigate for new impacts. • Soft shoreline projects may extend waterward of ordinary high water

  38. Residential Uses • Single-family is Preferred Use • Multifamily allowed where zoning allows in High Intensity or Shoreline Residential environments • Standards for shoreline frontage, height, and side setbacks • Key issue for single-family is establishing shoreline frontage • Key issues for multifamily include maximum height and views

  39. Commercial & Industrial Uses • Water-dependent, water-related, or water-enjoyment are preferred • Nonwater-oriented uses allowed in limited cases • Allowed where zoning allows in High Intensity & Urban environments • Key policy issue – maximum heights, public views, and residential uses

  40. Restoration Plan

  41. Restoration Plan • Definition of Restoration • Includes goals, policies and actions for restoration • Facilitates meeting and exceeding the basic “no net loss” standard • Relies heavily on watershed and subbasin plans • Acknowledges the activities and benefits of multiple other organizations

  42. Next Steps • Assemble working draft -- April 2009 • Release 1st Review Draft -- May 11, 2009 • Workshops, open houses • Subcommittees • State review • “Dynamic” comment period • Public Hearing Draft – October 2009

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