Ordinance 3202-10 - Laserfiche WebLink

Attachment B: Required Changes to the 2009 Everett Shoreline Master Program Marshlands Amendment August 26,2010 Strike out bolded text indicates existing sections that need to be removed from the SMP. Underlined bolded text indicates sections that need to be inserted into the SMP. Everett marshlands SMP changes Ordinary high water mark changes from shoreline restoration projects. In 2009 State legislation came into effect concerning changes in the ordinary high water mark due to restoration projects. Recommend revising the following language into section 3.9 Conservation element Regulation#25: 25. Except as provided herein, all new development in the Marshland Subarea shall comply with the requirements of EMC 19.37 Critical Areas. • The wetland compensation requirements of SMP Section 3.9 Regulation 35 shall apply in the Marshland area,rather than the compensation requirements in EMC 19.37.120C. • EMC 19.37.050.B (Reasonable Use Exception) is not applicable. • Except as provided in the following bullet,a Shoreline Variance is required to modify the standards in EMC 19.37. • The Marshland Subarea Plan recommends significant tidal restoration within the subarea that would result in moving the ordinary high water mark further inland. The Subarea Plan also proposes significant nontidal wetland and riparian restoration that will result in new wetland areas,higher habitat scores for existing wetlands, and fish access to streams and drainages where it may currently not exist. Additional require: . . • • . Pursuant to the process identified in RCW 90.58.580,the City may grant relief from Shoreline Master Program regulations if the proposed relief is the minimum necessary to relieve the hardship; the restoration project will result in a net environmental benefit; and the granting of the proposed relief is consistent with the objectives of the shoreline restoration project and consistent with the master program.This shall not apply to shoreline restoration projects created as mitigation to obtain a development permit. A shoreline substantial development permit is not required on land in the urban growth area that is brought under shoreline jurisdiction due to a shoreline restoration project creating a landward shift in the ordinary high water mark.