Revisions to the Shoreline Master Program (SMP), which has been a work in progress between the city of Mercer Island and the Department of Ecology for several years, were presented to the City Council on Nov. 17.

The SMP governs about 1,000 parcels of land and sets regulations on docks, bulkheads, vegetation and shoreline uses.

It’s a “give and take” in protecting property rights and the environment, said Councilmember Tana Senn, and the main debate is whether the limit for docks should be four or five-feet wide.

Last December, the Council approved the SMP update with a maximum five-foot dock width within 30 feet of the Ordinary High Water Mark (OHWM), but Ecology is requiring a four-foot limit. Exceptions can be made if water is deeper than 4.85 feet below the OHWM, if there’s a need for ADA accessibility (on public or semi-public docks) or if a resident has permanent state disability.

Mayor Bruce Bassett sent a letter to Ecology last year explaining the Council’s rationale for the proposed dock width, writing “that a universal five foot dock width is easier to administer, easier for the public to understand, far more practical from an ADA perspective, and ecologically superior.”

Staff members from Mercer Island and Ecology met in June and developed a new approach, compromising and coming up with a menu of mitigation options. They would allow homeowners to have five-foot docks if they show a net reduction of overwater coverage or no net loss of ecological function.

“We had sort of a breakthrough when there was a suggestion that maybe there could be some incentives offered for homeowners, so if they did something good for the environment, remove a bulkhead for example, hey could get that additional foot of dock width,” said Development Services Group (DSG) Director Scott Greenberg.

Other options include removing a boat house, installing decking that allows for more light transmittance or removing a moorage or pilings treated with creosote or comparably toxic compounds.

Existing docks and bulkheads are allowed to remain, but any extensions or major revisions are subject to SMP standards and requirements. Ecology agreed to a six-foot dock width for the replacement or repair of an existing dock six-feet wide or greater.

Ecology suggested a 75 percent threshold – meaning that if more than three-quarters of a dock is repaired or replaced, it would be subject to the new SMP codes. That is consistent with other jurisdictions around the lake. The City Council voted 5-2 to amend that number to 50 percent.

There are about 47 docks per mile around the Island, which means there are almost 700 docks along Mercer Island’s shoreline.

The Shoreline Management Act was passed in 1971 to manage use and development of Washington state’s shorelines. The city implemented its initial SMP in 1974, and is now updating it to comply with new state guidelines adopted in 2003.

The present SMP update began in 2009 and has entailed hundreds of hours of city staff work, special studies and 20-plus Planning Commission meetings, according to Reporter archives. Some of the work was paid for by a $150,000 grant from the state Department of Ecology.

City staff requested conditional approval of the amended SMP update, and expects to receive it within 45 days.

Then, the plan will come back for a second reading and adoption by the Council.

Visit the DSG “land use and planning” page on the city website to learn more, or http://www.mercergov.org/Page.asp?NavID=2395.

Shoreline development

According to data kept by the city’s Development Services Group over the past 10 years, there are 30 shoreline exemption permits projected for 2014 – the most in one year since there were 73 in 2007.

There are 12 projected substantial shoreline developments in 2014. That number has fluctuated in the past 10 years – with the most permits granted in 2007 (22) and the fewest in 2011 (one).

Shoreline exemption permits are required for residents who plan to locate a structure or perform other specific activities (e.g. dredging, grading, filling, pile driving or installing a boat ramp, pier, bulkhead, etc.) in the Shoreline Jurisdiction.

The Shoreline Jurisdiction covers Lake Washington and 200 feet landward of the ordinary high water mark.