Shoreline Management (SMA)

Washington’s Shoreline Management Act

Washington’s Shoreline Management Act (SMA) was passed by the State Legislature in 1971 and adopted by the public in a referendum. The SMA was created in response to a growing concern among residents of the state that serious and permanent damage was being done to shorelines by unplanned and uncoordinated development. The goal of the SMA was to “prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” While protecting shoreline resources by regulating development, the SMA is also intended to provide for appropriate shoreline use by encouraging land uses that enhance and conserve shoreline functions and values.

Shoreline Use

The Mercer Island Community Planning and Development department’s LandUse and Planning team has the following guidelines and expectations for permit applications for project repairs, alterations, and new construction in the shoreline use.

SHORELINE MASTER PROGRAM

A Shoreline Substantial Development Permit is required for all proposed uses and modifications within a shoreline jurisdiction unless the proposal is specifically exempt from the definition of substantial development in Revised Code of Washington (RCW) 90.58.030, and Washington Administrative Code (WAC) 173-27-040, or is exempted by RCW 90.58.140.

The guidelines below are intended to assist applicants by anticipating the likely thresholds for requiring design.

1. Shoreline Exemption Submittal Requirements
2. Shoreline Development Permit
3. Docks

   ^{* Additional Permits or Content may be Required}

Projects must have their design, engineering, exc. at the time of shoreline exemption application. Any changes between what was approved and what was built may constitute a new shoreline exemption or SSDP. In order to assist city staff during review, it may also be helpful to clarify in your construction documents which of these categories your project falls under in a scoping statement on the drawings.

Exempt Activities 

WAC 173-27-040 establishes a list of activities, uses, and developments that are exempt from the shoreline substantial development permit process. Exempt does not mean the work is exempt from compliance with the shoreline rules and regulations or Mercer Island review. Exempt simply means that your proposal does not have to be reviewed through the Shoreline Substantial Development permit process which involves review by the WA Department of Ecology.

All activities within the shoreline master program jurisdiction must meet the goals, policies, and regulations in the program regardless of whether or not a shoreline permit is required. The SMP requires that property owners apply for and obtain an exemption or permit for all development activities within the shoreline area. All activities with the shoreline jurisdiction over $7,047 (as modified by WAC 173-27-040(2)(a) and RCW 90.58.030(3)(e)) require a Shoreline Substantial Development Permit unless a conditional use permit or variance is more appropriate. In general, the following activities are exempt from the Shoreline Substantial Development Permit:

1. Owner-occupied construction of a single family home that does not exceed 35 feet in height
2. Emergency construction needed to protect property from imminent danger
3. Normal bulkheads common to single family residences
4. Normal maintenance and repair

*^{If the activity is exempt from the Shoreline Substantial Development Permit, then a Shoreline Exemption must be applied for.}

Applications

The information requested as part of the application is necessary to evaluate the merits of the proposal with applicable city and state regulations.  Applications will be evaluated on the basis of the information provided by the applicant, the City of Mercer Island Shoreline Master Program, the State Shoreline Management Act, the Mercer Island Comprehensive Plan (MICP), pertinent provisions of the Mercer Island City Code, and a site inspection(s). Shoreline Exemption application decisions are made administratively. Upon conclusion of the review a written decision will be issued to the applicant. A copy of the decision will be sent to certain state agencies and tribes.

Conditions of approval may include a mitigation plan designed by a consultant or professional to remedy and/or offset any adverse impacts the project may cause to shoreline areas. A plan might include invasive plant species removal and new native vegetation plantings; such plans require monitoring over the course of several seasons to ensure successful implementation.

1. If the project successfully qualifies for a shoreline exemption, the City will email a letter of approval to the applicant and other interested parties on condition of a 14-day appeal period.
2. A building permit may still be required for certain structures.
   • If a shoreline exemption is approved under the condition of a mitigation plan, the project will require a monitoring covenant and accompanying permit. All Shoreline Exemption Permit requests must complete a State Environmental Policy Act (SEPA) checklist.
3. Exempt activities that could impact state waters may also still require Hydraulic Project Approval (HPA) from Washington Department of Fish and Wildlife (WDFW).
   • Contact the WDFW Area Habitat Biologist directly to determine whether your project will require an HPA.

How to Apply

Upload submittal documents to the Mercer Island Permit Submittal Portal.  

• If an Intake Screening has been requested, staff will schedule the Intake Screening, and will email you the screening results.
  1. If the submittal is incomplete, the results will include instructions to address staff comments and resubmit.
  2. If the submittal is complete, it will the be routed for review.