• Vancouver is conducting a periodic review of the City’s Shoreline Master Program (SMP) as required by the Washington State Shoreline Management Act (SMA), RCW 90.58.080(4).

• The SMA requires that each SMP be reviewed and revised, if needed, on an eight-year schedule established by the Legislature.

• The periodic review ensures the SMP stays current with changes in state laws and rules, remains consistent with other city plans and development regulations, and is responsive to changed circumstances, new information, and improved data.

• In alignment with Ecology guidance on the periodic review process, project staff reviewed the existing SMP and identified proposed amendments, which were presented at a July 14, 2020 Planning Commission workshop, August 3, 2020 City Council workshop, and September 16, 2020 public open house held virtually due to COVID-19 limitations.

• Project staff drafted language for the proposed amendments to the SMP which was reviewed by the Planning Commission and City Council at workshops on December 8, 2020 and January 4, 2021, respectively. The draft amended SMP includes proposed text changes in strikethrough/underline format, associated proposed map changes, and the updated Summary of Proposed Amendments in the format of the Periodic Review Checklist provided by Ecology, which are included as attachments to this staff report.

• Following the February 9, 2021 Planning Commission public hearing, project staff submitted the draft amended SMP and all required supporting documentation to the Washington State Department of Ecology for their initial determination of consistency, which provides findings related to the City’s periodic review process and initial determination of the proposed amendments to the SMP.

• On March 5, 2021, project staff received notice about the results of the initial determination, stating that the City’s periodic review proposal is consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines. Ecology also provided four non-substantive recommended changes that have been reflected in the proposed text changes. Ecology’s Initial Determination of Consistency, including Attachment 1 itemizing the four recommended changes, are provided as an attachment to this staff report.

Goal 1: Ensure our built urban environment is one of the safest, most environmentally responsible and well maintained in the Pacific Northwest.

The periodic review proposal includes text changes in strikethrough/underline format and associated map changes to ensure the SMP stays current with changes in laws and rules, remains consistent with other city plans and development regulations, and is responsive to changed circumstances, new information, and improved data. The proposed amendments are summarized below, and the full detailed list can be found in the Summary of Proposed Amendments provided as an attachment to this staff report:

State Legislative Amendments

• Revise cost thresholds for shoreline permit exemptions.
• Add new shoreline permit exemption to comply with the Americans with Disabilities Act and state law.
• Clarify process, definitions, and/or references to comply with state law.
• Update wetlands regulations to align with Ecology’s most recent critical areas guidance.
  
  

Additional Amendments

• Fix errors and address issues of clarity, consistency, redundant or inaccurate language and/or process and relevancy of regulations.
• Expand sections of the SMP related to mitigation for adverse impacts to shallow-water habitat to include creation, enhancement, and/or payment of mitigation bank credits.
• Replace existing terms of “extreme edge or bank” with specific and defined terms to clarify under what circumstances revetments can be located partially below the Ordinary High Water Mark (OHWM), that they are not considered fill, and when and how adverse impacts to shallow-water habitat require mitigation.
• Remove provisions from the frequently flooded areas section not required to be included in the SMP, and include a soft reference to the Title 20 critical areas regulations.
• Update SMP Chapter 5A to be consistent with VMC Title 20 Critical Areas Protection code updates since 2012, and amend for applicability and permitting in shoreline jurisdiction.
• For all other shorelines within City limits not included in the area along the Columbia River from Wintler Park to the Vancouver Flushing Channel, maintain the full extent of the 100-year floodplain in shoreline jurisdiction for conservancy designations, and apply minimum jurisdiction (200 feet from ordinary high water mark) in High Intensity and Medium Intensity designations to allow for reasonable use of land and development where intended. Update Shoreline Designation Maps to reflect this proposed change to shoreline jurisdiction.
• Change structural shoreline stabilizations to a permitted use in High Intensity designations (currently a conditional use) to eliminate undue process on properties that already have developed shorelines.
• Allow a signage master plan or sign program to be developed through a Special Sign District Process in order to supersede SMP requirements, where appropriate.
• Clarify the relationship between critical areas regulations and their applicability in shoreline jurisdiction for ease of use by both applicants and planning officials.
• Only require mailings for shoreline statement of exemptions that require a federal permit.
• Make height limitation 35’ for non-water-oriented commercial uses in Medium and High Intensity designations to be consistent with the allowance for other uses.
• Change non-water oriented institutional uses in High and Medium Intensity designations to a permitted use to reduce undue process while maintaining provisions that encourage water-oriented uses, where feasible.
• Include allowances for non-water-oriented commercial uses per state law to provide flexibility where appropriate or where water-oriented uses are not feasible.
• Defer to the review and approval under federal requirements for disposal of dredging material and encourage environmentally sound beneficial uses, when feasible.
• Make amendments to address non-substantive items that will improve readability and usability for both applicants and planning officials.

On February 9, 2021, the Planning Commission held a public hearing on the SMP periodic review and, by a vote of 5-1, forwarded a recommendation to Council to approve the periodic review and proposed amendments to the Vancouver Shoreline Master Program as outlined in this staff report. They requested that staff, in forwarding their recommendation, notify Council about a challenge they have identified with the way shoreline regulations are currently applied to unauthorized camping in shoreline jurisdiction. In summary, they feel that it is difficult to support regulations that are not universally applied to all members of the population, and some Commissioners stated that it is bad policy to enact laws and regulations that are not applied evenly. The Commission acknowledged that the issue of houselessness is not easily resolved, and additionally wished to convey to Council that this note does not dilute the recommendation to approve the proposed amendments or the overall quality of the periodic review process. More detail on Commission deliberation can be referenced in the meeting minutes.

On the issue of unauthorized camping along shorelines, provisions exist in the SMP that give the Shoreline Administrator some enforcement authority for violations in shoreline jurisdiction, and this is generally understood to apply to uses or activities that require a permit under a jurisdiction’s Shoreline Master Program. The City has consulted with the Washington State Department of Ecology on this issue, and while they recognize that unauthorized camping is an issue that impacts shoreline health, their guidance is that this is a larger social issue that impacts more than just shorelines and the Shoreline Management Act is not intended to nor is it the appropriate place to address it. In addition, the City Attorney’s Office has determined that local jurisdictions are constrained in their ability to address these activities in the same way as other code enforcement issues. The City of Vancouver is bound by the Ninth Circuit Martin v. City of Boise case which restricts clearing houseless encampment sites where the individuals do not have a meaningful alternative, such as a shelter space or legal place to camp. Although project staff have found that the SMP is not the appropriate forum to address this issue, community concerns about adverse environmental impacts caused by unauthorized camping have been raised during the periodic review process.

1. Ensures compliance with the Revised Code of Washington (RCW) Chapter 90.58 and Washington Administrative Code (WAC) Chapter 173.26 governing the SMP.
2. Improves readability and usability by addressing issues of consistency and clarity, redundant or inaccurate language or process, and relevancy of regulations.