Loading...
HomeMy WebLinkAboutA_2_230308_Shoreline Exemption_CRB_Final_exemptionDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 10 | Published: 1/18/2022 Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 |www.rentonwa.gov SHORELINE EXEMPTION SUBMITTAL REQUIREMENTS Published : 1/18/2022 PURPOSE Shoreline Exemption permits ensure proposed shoreline development is consistent with the goals and policies of the City, Shoreline Master Program, and State Shoreline Management Act. WHEN A SHOELINE PERMIT EXEMPTION PERMIT IS REQUIRED If you are doing any development or construction activity within 200 feet of a designated shoreline, your project will require either a Shoreline Substantial Development Permit or a Shoreline Permit Exemption. The following activities are eligible to receive a Shoreline Permit Exemption: o Any project with certification from the governori o Any project with a cost or fair market value (whichever is higher) of less than $6,416.00 ii o Normal maintenance or repair of existing structure or developmentsiii o Emergency construction necessary to protect property from damage by the elementsiv o Normal agricultural construction and practices v o Construction of a single-family residence or associated structures for use by the owner or owner’s familyvi o Construction of a private dock for non-commercial use by the property owner(s)vii o Construction or modification authorized by Coast Guard or designated authority viii o Operation, maintenance, or construction related to irrigationix o Marking of property lines or corners on state-owned landsx o Operation and maintenance of agricultural drainage and diking facilitiesxi o Activities necessary for preparation of permit applicationxii o Removal or control of aquatic noxious weedsxiii o Watershed restoration projectsxiv o Projects intended to improve fish or wildlife habitat or fish passagexv o Hazardous substance remediationxvi o Projects on lands not subject to shoreline jurisdiction prior to restoration xvii Please refer to footnote at the end of this document ELECTRONIC FILE STANDARDS All documents MUST be submitted electronically. Specific file naming conventions for submitted plans are required to facilitate the electronic plan review process. Failure to adhere to the sample file naming format listed in the Electronic File Standards may result in a request for resubmittal and/or delay the plan review process, deeming the application incomplete. Specific Code Section(s) related to this document RMC 4-9-190.C.1 Shoreline Exemption Process RMC 4-8 Permits – General and Appeals SHORELINE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 2 of 10 | Published: 1/18/2022 COMPLETE APPLICATION REQUIRED In order to accept your application, each of the numbered items must be submitted at the same time. Determination that an application is complete indicates only that the application is ready for review on its merits, not that the City will make a favorable decision on the application. APPLICATION SUBMITTAL HOURS Applications should be submitted to Planning Division staff electronically, not in person. Please email or call your assigned Project Manager to submit your application. If you have any Planning related questions you may reach out to Planning Customer Service at 425-430-7294 or planningcustomerservice@rentonwa.gov . TIME FRAME The Administrator will review your request for a shoreline exemption and issue a written decision typically within a week or two from submittal. A public hearing is not required unless there is an appeal filed. ADDITIONAL PERMITS Additional permits from other agencies may be required. It is the applicant’s responsibility to obtain these other approvals. Information regarding these other requirements may be found at https://apps.oria.wa.gov/opas/ SOME KEY THINGS TO REMEMBER 1. City Staff or other agencies may request additional information during the review and decision-making process. 2. It is important that the applicant submit the requested material quickly to avoid delays in the process . 3. Any time spent gathering data and/or additional city review period will increase the time required to process the application. SUBMITTAL REQUIREMENTS The submittal checklist is not an exhaustive list of submittal requirements and may be modified in cases where additional information is required to complete the review of an application. The applicant should contact the assigned Project Manager, if there are any questions regarding submittal requirements. All Application Materials Required Unless Waived by City Staff 1. Waiver Form: A Waiver Form will be provided to you by City Staff during the Pre-Submittal Review. The Waiver Form should be submitted with the land use application. 2. Land Use Permit Master Application Form: The standardized application form used for the majority of land use permit applications including, but not limited to, the following: a. Owner, applicant, and contact person names, addresses and telephone numbers; b. Notarized signatures of all current property owners; c. Name of the proposed project; d. Project/property address; e. King County Assessor’s tax account number; f. Existing and proposed land uses; g. Existing and, if applicable, proposed Comprehensive Plan map designation; h. Existing and, if applicable, proposed zoning designation; i. Site area; j. Estimated project cost; k. Whether or not the project site contains any environmentally sensitive areas; and l. Property legal description. SHORELINE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 3 of 10 | Published: 1/18/2022 All Application Materials Required Unless Waived by City Staff Note: The application must have notarized signatures of ALL current property owners listed on the Title Report. If the property owner is a corporation, the authorized representative must attach proof of signing authority on behalf of the corporation. The legal description of the property must be attached to the application form. 3. Project Narrative: Please provide a clear and concise description and summary of the proposed project including the specific code sections being modified. a. Project name, size and location of site; b. Zoning designation of the site and adjacent properties; c. Current use of the site and any existing improvements; d. Special site features (i.e., wetlands, water bodies, steep slopes); e. Statement addressing soil type and drainage conditions; f. Proposed use of the property and scope of the proposed development (i.e., height, square footage, lot coverage, parking, access, etc.); g. Proposed off-site improvements (i.e., installation of sidewalks, fire hydrants, sewer main, etc.); h. Total estimated construction cost and estimated fair market value of the proposed project; i. Estimated quantities and type of materials involved if any fill or excavation is proposed; j. Number, type and size of trees to be removed; k. Explanation of any land to be dedicated to the City; and l. For shoreline applications only: i. Name of adjacent water area or wetlands, • Nature of existing shoreline – describe: • Type of shoreline (i.e., lake, stream, lagoon, marsh, bog, floodplain, floodway); • Type of beach (i.e., accretion, erosion, high bank-low bank); • Type of material (i.e., sand, gravel, mud, clay, rock, riprap); and ii. The extent and type of any bulkheading, and iii. The number and location of structures and/or residential units (existing and potential) which might have views obstructed as a result of the proposed project; and m. The proposed number, size, and density of the new lots, for subdivision applications only. 4. Site Plan: Please provide a fully-dimensioned plan sheet drawn at a scale of 1"=20' (or other scale approved by the Planning Division). We prefer the site plan be drawn on one sheet of paper unl ess the size of the site requires several plan sheets to be used. If you are using more than a single plan sheet, please indicate connecting points on each sheet. The Site Plan should show the following: a. Name of proposed project; b. Date, scale, and north arrow (oriented to the top of the paper/plan sheet); c. Drawing of the subject property with all property lines dimensioned and names of adjacent streets; d. Widths of all adjacent streets and alleys; e. The location of all existing public improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage; f. Location and dimensions of existing and proposed structures, parking and loading areas, driveways, existing trees on and abutting the site, existing or proposed fencing or retaining walls, freestanding signs, easements, refuse and recycling areas, freestanding liquid fixtures, SHORELINE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 4 of 10 | Published: 1/18/2022 All Application Materials Required Unless Waived by City Staff utility junction boxes, public utility transformers, storage areas, buffer areas, open spaces, and landscaped areas; g. The location and dimensions of natural features such as streams, lakes, marshes and wetlands. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width; h. Ordinary high water mark, existing and proposed, and name of water body if applicable; Note: For projects near the Cedar River, ordinary high water mark and distance to closest area of work for any project located within 200-feet of the river. 5. Neighborhood Detail Map: Please provide a map drawn at a scale of 1" = 100' or 1" = 200' (or other scale approved by the Planning Division) to be used to identify the site location on public notices and to review compatibility with surrounding land uses. The map shall identify the subject site with a much darker perimeter line than surrounding properties and include at least two cross streets in all directions showing the location of the subject site relative to property boundaries of surrounding parcels. The map shall also show: the property's lot lines, lot lines of surrounding properties, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. Please ensure all information fits on a single map sheet. 6. Wetland Assessment: A wetland assessment includes the following: a. A description of the project and maps at a scale no smaller than one inch equals two hundred feet (1" = 200') showing the entire parcel of land owned by the applicant and the wetland boundary surveyed by a qualified surveyor, and pursuant to RMC 4-3-050F2, Plans and Studies Required; b. A description of the vegetative cover of the wetland and adjacent area including identification of the dominant plant and animal species; c. A site plan for the proposed activity at a scale no smaller than one inch equals two hund red feet (1" = 200') showing the location, width, depth and length of all existing and proposed structures, roads, stormwater management facilities, sewage treatment and installations within the wetland and its buffer; d. The exact locations and specifications for all activities associated with site development including the type, extent and method of operations; e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than five feet (5') or at a contour interval appropriate to the site topography and acceptable to the City; f. Top view and typical cross-section views of the wetland and its buffer to scale; g. The purposes of the project; h. Such other information as may be needed by the City, including but not limited to a study of hazards if present on site, the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Section. (Ord. 4587, 3-18-1996; Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005; Ord. 5757, 6-1-2015) Note: Please provide a map and report if ANY wetlands are located on subject property or within 100 feet of subject property. The wetland report/delineation must be prepared by a qualified professional and include information specified in RMC 4-8-120D.23. In addition, if any alteration to the wetland or buffer is proposed, a wetland mitigation plan is also required. See RMC 4-8-120D.23 for plan content requirements. 7. Standard Stream or Lake Study: A report shall be prepared by a qualified biologist and include the following information: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Community and Economic Development Administrator): SHORELINE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 5 of 10 | Published: 1/18/2022 All Application Materials Required Unless Waived by City Staff i. The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified consultant pursuant to RMC 4-3-050G7, Streams and Lakes, (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website, for the City of Renton Water Class or RMC 4-3-090 (if unclassified, see “Supplemental Stream or Lake Study” below); iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage flow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hundred feet (100') upstream and downstream from the property line. Include position, species, and size of all trees of at least six inch (6") caliper and larger, fifty four inches (54") above grade, and the location, size and species of all protected trees on the site that are within one hundred feet (100') of the OHWM, and the location of measures to protect trees on and abutting the site; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater management facilities, wastewater treatment and installations in relation to the stream/lake and its/their buffer(s); and x. Location of site access, ingress and egress. b. Grading Plan: A grading plan prepared in accordance with RMC 4-8-120D7, and showing contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater. c. Stream or Lake Assessment Narrative: A narrative report, formatted to eight and one-half inches (8.5") by eleven inches (11"), shall be prepared to accompany the site plan and describes: i. The stream or lake classification as recorded in the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website, for the City of Renton Water Class or RMC 4-3-090; ii. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland areas, and flood hazard areas extending one hundred feet (100') upstream and downstream from the property line, including the impacts of the proposal on the identified vegetation; iii. The ecological functions currently provided by the stream/lake and existing riparian area and the impacts of the proposal on the identified ecological functions; iv. Observed or reported fish and wildlife that make use of the area including, but not limited to, salmonids, mammals, and bird nesting, breeding, and feeding/foraging areas, including the impacts of the proposal on the identified fish and wildlife; v. Measures to protect trees, as defined in RMC 4-11-200, and vegetation; and vi. For shorelines regulated under RMC 4-3-090, Shoreline Master Program Regulations, the study shall demonstrate if the proposal meets the criteria of no net loss of ecological functions as described in RMC 4-3-090D2. If the proposal requires mitigation for substantial impacts to the existing vegetation buffer in order to demonstrate no net loss of ecological functions, a supplemental stream or lake study is required. SHORELINE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 6 of 10 | Published: 1/18/2022 All Application Materials Required Unless Waived by City Staff Note: Please provide a report containing the information specified in RMC Section 4-8-120D.19. In addition, if the project involves an unclassified stream, a supplemental stream or lake study is also required. If any alteration to a water-body or buffer is proposed a supplemental stream or lake study and mitigation plan are also required. 8. Flood Hazard Data: a. Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing; b. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures; c. Elevation in relation to mean sea level to which any structure has been floodproofed; d. Certification by a registered professional engineer or architect that the floodproofing methods criteria in RMC 4-3-050I3c; and for any nonresidential structure meet the floodproofing; and e. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 9. Habitat Data Report that includes: a. Site Plan: The site plan shall indicate: i. The vegetative cover types reflecting the general boundaries of the different plant communities on the site; ii. The exact locations and specifications for all activities associated with site development including the type, extent and method of operations; iii. Top view and typical cross-section views of critical habitat/wildlife habitat to scale; iv. The results of searches of the State Department of Fish and Wildlife’s Natural Heritage and Non-Game Data System databases; v. The results of searches of the Washington State Department of Fish and Wildlife Priority Habitat and Species database. b. Narrative Report: A narrative report shall be prepared to accompany the site plan which describes: i. The layers, diversity and variety of habitat found on the site; ii. The location of any migration or movement corridors; iii. The species typically associated with the cover types, including an identification of any critical wildlife species that might be expected to be found; iv. Identification of any areas that have been previously di sturbed or degraded by human activity or natural processes; v. A summary of existing habitat functions and values, utilizing a habitat evaluation procedure or methodology approved by the City; vi. A summary of proposed habitat alterations and impacts and proposed habitat management program. Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife habitat, expected decrease in species diversity or quantity, changes in water quality, increases in human intrusion, and impacts on wetlands or water resources. (Ord. 4835, 3-27-2000) SHOREL INE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 7 of 10 | Published: 1/18/2022 REVIEW PROCESS Once a complete application package has been accepted for initial review, it will be routed to other City departments and other jurisdictions or agencies that may have an interest in it. The reviewers typically have two (2) weeks to return their comments to the Planning Division. Once all comments have been addressed, the Planning Division will issue an exemption, provided the application meets the criteria for exemption. If the application must also be reviewed under the State Environmental Policy Act (SEPA), this will extend the review time necessary for the project approval. Upon issuance of the Environmental Determination, the Planning Division will take one of the following actions: issue an exemption, request additional information, or require a full Shoreline Substantial Development Permit. Please see the handout entitled "Submittal Requirements: Environmental Review " for additional information. If the City approves an exemption, a copy will be sent to the applicant. If you also need a building permit, please turn in a copy of your exemption with your other submittals. A building permit (or other City approval) may be issued immediately upon issuance of the exemption, provided all other relevant requirements have been met and the project does not also require any type of Army Corps approval. If a project requires Army Corps approval, the City will mail a copy of the Shoreline Exemption decision to the State Department of Ecology (DOE) and the State Attorney General's Office for review. The DOE has ten days to review the exemption decision. A building permit (or other City approval) may be issued ten days after the date of mailing the exemption decision to the Department of Ecology and Attorney General--provided the State does not appeal the exemption decision during the ten day view period and provided all other relevant requirements have been met RESOURCES City of Renton Forms Electronic File Standards FOOTNOTES i Any project with a certification from the governor. Any project with a certification from the governor pursuant to Chapter 80.50 RCW; ii Total cost or fair market value of project (whichever is higher) is less than $6,416.00. Any development of which the total cost or fair market value, whichever is higher, does not exceed five thousand dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or not a permit is required, the total cost or fair market val ue shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(3)(e). The total cost or fair market value of the develop ment shall include the fair market value of any donated, contributed or found labor, equipment or materials; iii Normal maintenance or repair of existing structures or developments. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size , shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment; iv Emergency construction necessary to protect property from damage by the elements. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full SHOREL INE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 8 of 10 | Published: 1/18/2022 compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not immine nt are not an emergency; v Normal agricultural construction and practices. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural servi ce roads and utilities on shorelands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: Provided, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranchin g activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations; vi Construction of a single-family residence for use by owner or owner’s family. Construction on shorelands by an owner, lessee or contract purchaser of a single -family residence for their own use or for the use of their family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof. "Single -family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetla nd. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated wit hin the applicable master program. Construction authorized under this exemption shall be located landward of the ordinary high water mark; vii Construction of a private dock for non-commercial use by property owner(s). Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owners, lessee, or contract purchaser of a single-family and multiple-family residences. This exception applies if the fair market value of the dock does not exceed ten thousand dollars ($10,000); however, if subsequent construction having a fair market value exceeding two thousand five hundred dollars ($2,500) occurs within five (5) years of completion of the prior construction, the subsequent construction shall be considered a substantial development permit; and a dock is a landing and mo orage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances; viii Construction or modification authorized by Coast Guard or designated authority. Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys; ix Operation, maintenance, or construction related to irrigation. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are h ereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands; x Marking of property lines or corners on state -owned lands. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water; SHOREL INE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 9 of 10 | Published: 1/18/2022 xi Operation and maintenance of agricultural drainage and diking facilities. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on June 4, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system; xii Site activities necessary for preparation of application for development authorization. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: (i) The activity does not interfere with the normal public use of the surface waters; (ii) The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; (iii) The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; (iv) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and The activity is not subject to the permit requirements of Chapter 90.58.550 RCW; xiii Removing or controlling aquatic noxious weeds The process of removing or controlling aquatic noxious weeds, as defined in Chapter 17.26.020 RCW, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental im pact statement published by the department of agriculture or the department of ecology jointly with other state agencies under Chapter 43.21 C RCW; xiv Watershed restoration projects Watershed restoration projects as defined herein. Local government shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving all materials necessary to review the request for exemption from the appl icant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. (i) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (A) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; (B) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (C) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. (ii) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to RCW Chapter 43.21C, the State Environmental Policy Act; SHOREL INE EXEMPTION SUBMITTAL REQUIREMENTS (CONT ’D ) Page 10 of 10 | Published: 1/18/2022 xv Projects intended to improve fish or wildlife habitat or fish passage. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply: (i) The project has been approved in writing by the department of fish and wildlife as necessary for the improvem ent of the habitat or passage and appropriately designed and sited to accomplish the intended purpose; (ii) The project has received hydraulic project approval by the department of fish and wildlife pursuant to RCW Chapter 75.20; and (iii) The local government has determined that the project is consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. xvi Hazardous substance remediation pursuant to WAC 173-27-040. xvii Projects on lands not subject to shoreline jurisdiction prior to restoration. This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance with all codes and regulations, whether or not described in this document.