PERMITS AND DEPARTMENTS:

*City of Mercer Island:

Substantial development permit (SDP) is required for construction of or an addition on to a single family residence, unless you are the owner, lessee or contract purchaser and are constructing or altering the residence for your own use and are complying with all requirements of the City’s shoreline master program and the ULDC. In this case, the single family residence is categorically exempt from applying for a shoreline substantial development permit. Construction authorized under this exemption shall be located landward of the ordinary high water mark. There is an affidavit available from the City that the owner, lessee or contract purchaser signs to verify that the development is for his/her own use, which must be filed with the City at time the building permit is applied for.

King County:

The shoreline Substantial Development Permit is reviewed and processed by King County and then sent to the Washington State Department of Ecology for filing. Ecology’s guidelines require that in order to be approved, a Substantial Development Permit must be consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local master program. King County reviews the Substantial Development Permit application for conformance with location, bulk and dimension, type of use, and other criteria in the Shoreline Master Program.*1

*State:

WA state law requires that any person, organization, or government agency wishing to conduct any construction activity in or near state waters must do so under the terms of a permit (called the Hydraulic Project Approval-HPA) issued by the Washington State Department of Fish and Wildlife. State waters include all marine waters and fresh waters of the state, such as Lake Washington.

The law's purpose is to see that needed construction is done in a manner to prevent damage to the state's fish, shellfish, and their habitat. By applying for and following the provisions of the HPA issued under RCW 75.20.100-160, most construction activities around water can be allowed with little or no adverse impact on fish or shellfish.

The major types of activities in freshwater requiring an HPA include, but are not limited to: streambank protection; construction of piers and docks; covered moorage, pile driving; channel change or realignment; conduit (pipeline) crossing; culvert installation; dredging; gravel removal; pond construction; placement of outfall structures; or debris removal; and installation or maintenance (with equipment) of water diversions.

There is no charge for the HPA.

*Federal:

A U.S. Army Corps of Engineers (Corps) permit is required for certain activities near or in Lake Washington (waterward of the line of mean high or higher high water or ordinary high water) including wetlands. These activities include:

• construction or installation of marinas, piers, wharves, floats, overhanging decks, boat lifts, jet ski lifts, intake pipes, outfall pipes, piling, bulkheads, boat ramps, marine railways, dolphins, overhead transmission lines, buoys, etc.
• dredging in navigable waters of the United States.
• the discharge of dredged or fill material into the water or wetlands; grading or mechanized land clearing of wetlands; ditch sidecasting in wetlands; soil movement during vegetation clearing in wetlands; groins, breakwaters, road fills, beach enhancement, riprap, jetties, etc., in waters or wetlands.

Dept. of Ecology:

Washington's Shoreline Management Act establishes a local/state partnership in administering permits. Local governments have the primary responsibility for initiating the planning required by the act and administering the regulatory program. Ecology's role is to act primarily in a supportive and review capacity with an emphasis on providing assistance to local government and on insuring compliance with the policies and provisions of the Shoreline Management *2

Shoreline Permit System:  Link

Endangered Species Act Guidance for new and replacement piers and bulkheads in Lake Washington
In order to protect threatened species in the Lake Washington freshwater system, the Corps of Engineers (Corps), the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) have developed Endangered Species Act (ESA) Guidance for applicants proposing new and replacement piers, bulkheads, and other activities. This Guidance is provided to assist applicants, expedite project review, and streamline the permit process while preserving protected species. This Guidance will help applicants avoid impacts to protected species by incorporating impact reduction and habitat enhancement measures into their project design and construction.

Always contact the City of Mercer Island first, then contact the local office of the US Army Corps directly for specific information regarding federal permit application and approval:

U.S. Army Corps of Engineers, Seattle District
Regulatory Branch, Post Office Box 3755, Seattle, Washington 98124
PHONE:(206) 764-3495
FAX: (206) 764-6602