Using Science to Protect the Shoreline Environment and Enhance the Shoreline Economy May 17, 2014

1. Using Science to Protect the Shoreline Environmentand Enhance the Shoreline EconomyMay 17, 2014 Hilary FranzFuturewise(206) 734-9729 hilary@futurewise.org

2. Agenda Shoreline Management Act – • SMA Key Principles • SMA Key Preferences • SMP Key Elements • SMP’s Use of Science • Important Concepts Where Science Informs Shoreline Master Programs • Opportunities for science to Influence SMP Implementation Strategies

3. 1. Shoreline Management Act “It is the policy of the state to provide for the management of the shorelines of the state by planningfor and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigationand corollary rights incidental thereto.”

4. 1. Shoreline Management Act Protect shorelines of statewide significance. Recognize and 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 recreational opportunities for the public in the shoreline; • Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

5. 2. SMA Preferences “In the implementationof this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible . . .. To this end uses shall be preferredwhich are consistent with control of pollution and prevention of damage to the natural environment, orare unique to or dependent upon use of the state's shoreline. Alterationsof the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priorityfor single family residences and their appurtenant structures, ports, shoreline recreationaluses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state.”

6. 2. SMA Preferences Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water.

7. 3. Shoreline Master Program Key Elements A comprehensive shoreline land-use plan that includes policies and regulations for the use and development of the shoreline intended to: • Protect shoreline processes • Promote public access • Accommodate all appropriate shoreline uses • Balance public and private interests

8. Where Does It Apply? • Shoreline Jurisdiction • Marine shorelines • Lakes ≥20 acres • Upland areas 200 feet from OHWM • Associated wetlands • Aquatic areas waterward of OHWM • New Uses • Existing shoreline uses and activities may continue

9. 3. SMP Key Elements • Determining Jurisdiction • Inventory & Analysis • SMP Development • Environment Designations • Goals • Policies • Regulations • Cumulative Impacts Analysis • Restoration Plan

10. Inventory • Current Land Use • Land Ownership • Marine Public Access • Septic Systems • Surface Water System • Impervious Surfaces • Geologic Units • Marine Shoreforms • Soils • CARA • Geologic Hazards • Floodplains and Wetlands • Land Cover • Habitats and Species • Drift Cells • Shoreline Modifications • Water Quality • Environmental Cleanup Sites

11. Shoreline Analysis • Develops current baseline condition from which future impacts will be measured • Analyzes existing shoreline ecological functions • Analyzes current land use and identifies likely future changes • Identifies potential restoration opportunities

12. Environment Designations Based on Science in part • Criteria in the Guidelines • Ecological condition per Inventory/Analysis • Existing and planned land use

13. 4. Use of Science All local governments required to “make use of and, where applicable, incorporate all available scientific information.” This includes: • Inventory data • Technical assistance materials • Manuals and services from reliable scientific sources • Aerial Photography • Other applicable information

14. Common sources of scientific information include: • Monitoring data collected periodically over time to determine a resource trend or evaluate a management program. • Inventory data collected from an entire population, such as individuals in a plant or animal species, or an ecosystem area. • Survey data collected from a statistical sample from a population or ecosystem. • Assessment, which entails the inspection and evaluation of site-specific information by a qualified scientific expert. An assessment may or may not involve collection of new data.

15. Common sources of scientific information include: • Research data collected and analyzed as part of a controlled experiment, or other appropriate methodology, to test a specific hypothesis. • Modeling which entails the mathematical or symbolic simulation or representation of a natural system. Models generally are used to understand and explain occurrences that can’t be directly observed. • Synthesis, which is a comprehensive review and explanation of pertinent literature and other relevant existing knowledge by a qualified scientific expert.

16. 5. Five Big Concepts Where Science Informs Environment and Economy in SMP • No-net-loss of Ecological Functions • Mitigation Sequencing • Cumulative Impact Analysis • Restoration Planning • Shoreline Dependent Uses Analysis

17. (1) No-Net-Loss of Ecological Function • No-net-loss is considered in two ways • At the program level in the SMP standards • At the project review level • Drives two other important concepts • Mitigation Sequencing • Cumulative Impact Analysis • Necessitates another important concept • Restoration Planning

18. Degraded Improved SMP elements SMP Updates: Achieving No Net Loss of Ecological Functions • 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 EcologicalFunction On-going degradation from existing development • Off-site mitigation opportunities • Offsetting mitigation Unavoidable impacts from new development Avoid and MitigateImpacts Lower Shoreline violations Key:

19. (2.) Mitigation Sequencing • Mitigation Sequencing: • Avoid impacts first, then minimize, then compensate • Even with Mitigation Sequencing, every project cannot completely eliminate its impacts • displacement of vegetation and habitat by structures, other facilities, impervious surfaces, and yards

20. (3.) Cumulative Impact Analysis Considers several factors: • Project impacts that remain after mitigation sequencing • Full build out of land and water uses • Continual creep of existing development into buffers & critical areas, and the resulting increased impacts. • Restoration programs • Enhancement from new projects

21. (4.) Restoration Plan Requirement For counties and cities containing any shorelines with impaired ecological functions, master programs shall include goals and policies that provide for restoration of such impaired ecological functions. • shall identify existing policies and programs that contribute to planned restoration goals and • identify any additional policies and programs that local government will implement to achieve its goals. • should consider the direct or indirect effects of other regulatory or non-regulatory programs under other local, state, and federal laws, as well as • any restoration effects that may flow indirectly from shoreline development regulations and mitigation standards.

22. Restoration Plan Goal “These master program provisions should be designed to achieve overall improvements in shoreline ecological functions over time, when compared to the status upon adoption of the master program.”

23. (5.) Shoreline Dependency Use Analysis • The SMA Policy has a preference for uses that are dependent on shoreline areas • Provides long-term economic opportunities • Applies to: • Uses: shipping ports, rec. beaches, restaurants • Facilities within a project: • Roads (not water-dependent) v. water crossings • Utilities (not water-dependent) v. outfalls • In vegetated management zones: Water-dependent facilities and uses need to be in the buffer by their nature

24. Opportunities for Science to Influence Implementation Strategies • No-net-loss / mitigation sequencing strategy • Enhancement strategy • Water dependency preference strategy • Use strategies and use table • Environments and Mapping • Vegetation Management zones strategy • Nonconformities strategy • CAO Integration strategy • Organization Strategy (General & Tailored) • Shore-side Structures Strategy • Specific Uses

25. No-Net-Loss & Mitigation Sequencing • SMP structured with mitigation sequencing built into the standards • Avoidance Standards • What uses are inappropriate or suitable for different environments • Vegetated Management zones along shoreline based on science • Use water-dependency for allowed uses • Minimization Standards • Preferences for less impacting methods • Require minimization in scope and scale • Compensation/mitigation for impacts • Requirements for new development to correct degraded vegetation zone and for expansions to improve conditions to mitigate impacts

26. Enhancement in the SMP Regulations • Apply Mitigation Sequencing: avoidance & minimization first • Use enhancement as part of mitigation for impacts • Make sure vegetation zones can actually do what they are supposed to • Re-establish degraded vegetation zones on shoreline • Expansions of existing development should improve vegetation zones along shoreline as much as possible • Correct other degraded conditions, where possible • Remove unneeded structures, bulkheads, fill, etc. • Place enhancement requirements in General Standards along with water quality and vegetation management requirements

27. Water-Dependent Uses in the SMP • Incorporate the fact that both uses and their facilities can have varying levels of water-dependency • Regular commercial v. restaurant v. kayak rental shop • Residential subdivision v. community boating facility • Sewer main v. outfall • Implement preference for water dependent uses and facilities • For different categories of use, make distinctions between different levels of water-dependency • Apply distinctions across environments • Use prohibited uses and conditional uses for non-preferred uses • Apply vegetation zones based on water-dependency

28. Environments and Mapping • Use Ecology and other key studies • Create maps using polygons - not lines • Helps ID boundary problems and deal with them • Use conflicts in open water areas • Some states and localities are using “marine spatial planning” or “ocean zoning” to address these conflicts • Shoreline master programs need to do that too for heavily used parts of the ocean, Puget Sound, and other open water areas with serious use conflicts

29. Vegetative Management Zones • Must be based on science • A primary method of avoidance and mitigation to meet the “no-net-loss” requirement • Must at least be as protective as the critical areas regulations. RCW 90.58.090(4) • Apply vegetation zones based on water-dependency • Water-dependent - don’t have to meet vegetation zone requirements for their water dependent elements • Water-related - can be in vegetation zone, but meet it if can • Water-enjoyment/Non-water-oriented – need to meet vegetation zone requirements since they don’t have to be next to water • Vegetation zones play out in mitigation • re-vegetation of degraded buffers for new development and redevelopment that increases the footprint

30. Shoreline Stabilization • Bulkheads & armoring, but also flood structures (dikes) and similar structures • SMP Guidelines are specific and provide needed protections, see WAC 173-26-231(3)(a) • Preference for less-impacting methods • Sea level rise will continue and property owners will be requesting more armoring as erosion and storm intensities increase • Need to consider multiple alternatives – some are less harmful to environment than others and should be considered

31. Public Access • Public Access • A primary objective of SMA Policy • Public use and access to the waters of the state is one of the requirements of the Public Trust Doctrine • Includes specific requirements in WAC 173-26-221(4) • Most developments are required to provide public access • Not single-family home construction • Not subdivisions of four or fewer lots • Need standards to protect shoreline resources

32. Specific Issues • Aquaculture • Water-dependent, so is a preferred use • All methods may not be treated the same • Cumulative impacts may be considered – on both sides.

33. Additional Resources • Ecology Shoreline Management Webpage: http://www.ecy.wa.gov/programs/sea/sma/index.html • For a list of public domain scientific information including information on stream, lake, and marine buffers see Futurewise’s CAO on CD. The table of contents with links to the documents is available at: http://www.futurewise.org/resources/publications/Read%20Me%20-%20Documents%20on%20this%20CD%20Sept%202009.pdf • You can find out more information on Marine Spatial Planning or Ocean Zoning at the Marine Management & Ecosystems webpages: http://depts.washington.edu/meam/COZ.htm