Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.060 Shoreline Regulations

Article III. General Provisions: Part I. General Development Requirements

1. When permitted, a use, modification, or development within flood hazard (frequently flooded) areas shall achieve a no net loss of shoreline ecological functions.

2. A use, modification, or development within flood hazard (frequently flooded) areas shall not be allowed when it will require flood hazard reduction measures within the channel migration zone or floodway and shall comply with the applicable requirements in chapter 17E.030 SMC, Floodplain Management.

3. A use, modification, or development specified within shoreline buffers shall be allowed within the channel migration zone or floodway provided they are:

1. 1. actions and/or development that protect or restore the ecosystem wide processes or ecological functions;

1. 2. forest practices in compliance with the Washington State Forest Practices Act, chapter 76.09 RCW, and its implementing rules;

1. 3. existing and ongoing agricultural practices, provided that no new restrictions to channel movement occur;

1. 4. bridges, utility lines, and other public utility and transportation structures where no other feasible alternative exists or the alternative would result in unreasonable and disproportionate cost. Where such structures are allowed, mitigation shall address impacted functions and processes in the affected section of watershed or drift cell;

1. 5. repair and maintenance of an existing legal use, provided that such actions do not cause significant ecological impacts or increase flood hazards to other uses;

1. 6. modifications or additions to an existing nonagricultural legal use, provided that channel migration is not further limited and that the new development includes appropriate protection of ecological functions;

1. 7. developed where existing structures already prevent active channel movement and flooding; and

1. 8. measures to reduce shoreline erosion when it can be demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, and that the measure does not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions, and that the measure includes appropriate mitigation of impacts to ecological functions associated with the river or stream.

4. New structural flood hazard reduction measures shall be allowed in the shoreline jurisdiction only when:

1. 1. it can be demonstrated by an application for floodplain development permit, pursuant to SMC 17E.030.060(C), that it is necessary to protect existing development;

1. 2. it can be demonstrated that nonstructural measures are not feasible;

1. 3. it can be demonstrated that there will be no net loss of shoreline ecological functions including any mitigation required; and

1. 4. appropriate vegetation conservation actions are undertaken consistent with SMC 17E.060.240, Vegetation Conservation.

5. New structural flood hazard reduction measures shall be placed landward of associated wetlands and designated vegetation conservation areas, except for actions that increase ecological functions, such as wetland restoration.

6. Flood hazard reduction measures may be authorized if it is determined that no other alternative to reduce flood hazard to existing development is feasible. The need for, and analysis of feasible alternatives to structural improvements, shall be documented through an application for floodplain development permit, pursuant to SMC 17E.030.060(C).

7. New structural public flood hazard reduction measures shall be subject to the mitigation sequencing specified in SMC 17E.060.230.

8. New structural public flood hazard reduction measures shall include the ability for the general public to access the shoreline pursuant to SMC 17E.060.290, Physical and Visual Public Access.

1. Removal of gravel for flood management purposes shall only be allowed if all the following conditions can be met:

1. 1. The project is consistent with an adopted flood hazard reduction plan and these shoreline regulations.

1. 2. The project does not result in a net loss of ecological functions; and

1. 3. An application for floodplain development permit, pursuant to SMC 17E.030.060(C), demonstrates that extraction has a long-term benefit to flood hazard reduction.

Date Passed: Monday, November 3, 2008

Effective Date: Monday, July 26, 2010

ORD C34326 Section 2