60.173 Bulkhead and Land Surface Modification

1.  Bulkheads

a. General – Bulkheads are permitted in this zone subject to all of the conditions and restrictions of this section.

b. Required Permit – The City will use Process I, described in Chapter 145 KZC, to review and decide upon an application for a bulkhead. A permit may also be required from the U.S. Army Corps of Engineers. Consult that agency for further information.

c. Allowable Reasons – A bulkhead may be constructed only if:

1) It is needed to prevent significant erosion due to wave action; and

2) The use of vegetation will not sufficiently stabilize the shoreline to prevent significant erosion.

d. Prohibited Location – A bulkhead may not be erected within a wetland or between a wetland and the lake.

e. Design of Bulkhead – The bulkhead must be designed to minimize the transmittal of wave energy to other properties.

f. Placement of the Bulkhead – The bulkhead may not extend waterward of the high waterline unless it is associated with approved fill.

g. Change in Configuration of the Land – Except as allowed under subsections (2) and (3) of this section, alteration of the horizontal or vertical configuration of the land must be kept to a minimum.

h. Backfill – The extent and nature of any backfill proposed landward of the bulkhead must be approved by the City.

2.  Land Surface Modification Waterward of the High Waterline

a. General – Land surface modification waterward of the high waterline is permitted in this zone subject to all of the conditions and restrictions in this section.

b. Required Permit – The City will use Process IIB, described in Chapter 152 KZC, to review and decide upon an application for a land surface modification waterward of the high waterline. This activity may also require a permit from the U.S. Army Corps of Engineers. Consult that agency for further information.

c. Allowable Reasons – The City may approve an application for a land surface modification waterward of the high waterline only if:

1) No unique or significant natural area of flora or fauna will be destroyed; and

2) The land surface modification will not result in erosion of the shoreline or undermine stability of neighboring properties; and

3) Either:

a) The application is filed by a public agency to improve navigability, public recreation, or public safety; or

b) The application is to create a public use or recreation area; or

c) The application is for dredging to remove silt or sediment deposited because of severe and unusual erosion or resulting from the existence of a bulkhead on nearby property; or

d) At such time as permitted by the Shoreline Master Program, the application is for dredging to provide sufficient draft for boat moorages; or

e) The application is consistent with an approved master plan for a “development containing attached or stacked dwelling units, restaurants or taverns and general moorage facilities.”

d. Requirements for Dredging – If the land surface modification involves dredging, the following regulations apply:

1) Dredging spoils may not be deposited in Lake Washington and may be deposited on the subject property only if this is part of an approved development activity on the subject property.

2) The applicant shall restore any beneficial vegetation disturbed during dredging.

3) The dredging shall be the minimum necessary to provide sufficient draft for navigation or moorage.

e. Requirements for Fill – If the land surface modification involves fill, the following regulations apply:

1) Material Used for Landfill – The material used in the landfill must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic material that would be detrimental to the water quality or the existing habitat.

2) Vegetation – Exposed fill areas must be stabilized with vegetation.

3) Public Use Area Required – If the fill is proposed as part of a “Development containing attached or stacked dwelling units, restaurants or taverns and general moorage facilities,” part of the high waterline yard shall be developed as a public use area. The size and design of the public use area must be specifically approved by the City based on the size of the subject property, the use on the subject property, and the ability to use design features to separate the public use area from the private elements of the development.

3.  Land Surface Modification within the High Waterline Yard

a. General – Land surface modification in the high waterline yard is permitted in this zone subject to all of the conditions and restrictions of this section.

b. Required Permit – The City will use Process I, described in Chapter 145 KZC, to review and decide upon an application for land surface modification within the high waterline yard. This activity may also require a permit from the U.S. Army Corps of Engineers. Consult that agency for further information.

c. Allowable Reasons – The City may approve an application for a land surface modification within the high waterline yard only if:

1) No unique or significant natural area of flora or fauna will be destroyed; and

2) Either:

a) The application is filed by a public agency to improve public safety, recreation, or access; or

b) The application is part of a development proposal for the subject property and is to improve access to a pier or beach; or

c) The land surface modification is necessary to provide public access; or

d) The land surface modification is necessary to the structural safety of a structure; or

e) There has been severe and unusual erosion within the one year directly preceding the application and the land surface modification is to restore the shoreline to its configuration prior to this erosion; or

f) This application is part of an application for bulkhead approved under subsection (1) of this section. For backfill landward of a bulkhead, see subsection (1)(h) of this section.

d. Material Used for Landfill – The material used in a landfill must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic material that would be detrimental to the water quality or the existing habitat.

e. Use of Vegetation – The applicant shall stabilize exposed areas left after land surface modification with vegetation.

f. Disposition of Excavated Materials – Dredging spoils may not be deposited in Lake Washington and may be deposited on the subject property only if this is part of an approved development activity.

4.  Land Surface Modification Landward of the High Waterline Yard – Land surface modification landward of the high waterline yard is regulated like land surface modifications throughout the City. See Chapter 115 KZC for those regulations.

5.  Emergency Measures – An applicant may erect a temporary bulkhead and take other emergency measures to protect against harm to persons or property resulting from imminent and unanticipated natural hazards. The area modified must be restored to the condition that existed immediately prior to any emergency modification as soon as practicable after the emergency.