Shoreline exemptions in Washington: building or remodeling a waterfront house without a substantial development permit

Short answer: if you are building, rebuilding or enlarging the waterfront house you will live in, you most likely do not need a shoreline substantial development permit. Expect to need the city’s written exemption (Seattle, Bellevue and Kirkland require one), and in Seattle it must be in hand before building permit intake. The house must still meet every rule in the local shoreline master program.

Sources are state law, Ecology and the cities’ own pages, read in September 2026. Confirm figures with your city.

The Shoreline Management Act and your city’s master program

The Shoreline Management Act regulates the water and the land within 200 feet of the ordinary high water mark (OHWM), which the statute calls shorelands, plus associated wetlands (RCW 90.58.030). Lakes under 20 acres are left out. Lakes of 1,000 acres or more are shorelines of statewide significance.

The Act is administered locally. Each city adopts a shoreline master program (SMP), and Ecology’s shoreline permits page says local government has the primary responsibility for administering it. On the Eastside, Medina, Mercer Island, Kirkland and Bellevue each run their own program for their stretch of Lake Washington.

The OHWM is defined by where the water has marked the soil and vegetation, so it has to be located in the field on your lot. Shoreline setbacks are measured from it.

What counts as substantial development

Development under the Act means the construction or exterior alteration of structures, plus dredging, filling, bulkheading, driving piling and similar work. Substantial development is any development whose total cost or fair market value exceeds the state dollar threshold, or that materially interferes with the normal public use of the water or shorelines (RCW 90.58.030(3)(e)).

Threshold	Amount	In effect since	Next adjustment
Substantial development, general	$8,504	July 1, 2022 (WSR 22-11-036)	Due July 1, 2027
Replacement dock in fresh water, same or smaller size, city with an updated SMP	$28,000	Aug. 5, 2023 (WSR 23-13-012)	Due July 1, 2028
Any other dock in fresh water	$13,900	Aug. 5, 2023	Due July 1, 2028
Dock in salt water, including Puget Sound	$2,500	Set in statute	Not indexed

Sources: Department of Ecology, Shoreline permits and enforcement; Office of Financial Management notices in the Washington State Register; RCW 90.58.030(3)(e)(vii). As of September 2026, confirm with your city.

The Office of Financial Management adjusts the general figure every five years using the Seattle area consumer price index; it went from $7,047 to $8,504 in 2022. Fair market value is roughly what a contractor would charge to do the work start to finish, and it includes any donated or contributed labor and materials (WAC 173-27-030). A new house, and nearly any exterior remodel, costs far more than $8,504, which is why the single-family exemption is the one that counts.

The single-family exemption, read closely

WAC 173-27-040(2)(g) exempts construction on shorelands of a single-family residence by an owner, lessee or contract purchaser, for their own use or their family’s. Each condition does work:

• Your own use. The house has to be for you or your family. Seattle’s exemption page lists it as construction by the owner for his or her own use, not including rentals. A house built to sell or rent is outside it.
• 35 feet above average grade. Average grade level is the average of the natural or existing ground under the proposed building, taken at the midpoint of each exterior wall (WAC 173-27-030). Your city’s shoreline and zoning height limits also apply and can be lower.
• Meets every other local rule. The house must satisfy all non-shoreline requirements of the jurisdiction, zoning and building code included, before the exemption can apply.
• Landward of the OHWM. Construction under this exemption must sit landward of the ordinary high water mark. Seattle’s page puts it as on dry land only.

What an appurtenance covers. The exemption extends to the normal appurtenances of the house: structures necessarily connected to its use and enjoyment, located landward of the OHWM and of any wetland edge. Statewide that means a garage, deck, driveway, utilities, fences, a septic system and grading of no more than 250 cubic yards that puts no fill in a wetland or waterward of the OHWM. A local SMP may add others. A dock is not an appurtenance; it has its own exemption.

How the state reads it. WAC 173-27-040(1) sets the ground rules. Exemptions are construed narrowly, and only a project that meets the precise terms of one qualifies. The burden of proving it is on the applicant. If any part of the proposal is not eligible, a substantial development permit is required for the entire project. And the city may attach conditions to an exemption to keep the project consistent with the SMP.

The last two points matter most. A new house plus a new boat lift, a larger dock or fill below the OHWM can pull the house into a full permit with it. I keep the house and the in-water work as separate decisions until we know which exemption each one fits.

Other exemptions that matter on a waterfront lot

• Normal maintenance and repair (2)(b). Repair restores a structure to a state comparable to the original in size, shape, configuration, location and external appearance. Replacement can count as repair where replacement is the common method and the result is comparable, provided it causes no substantial adverse effects on shoreline resources.
• The normal protective bulkhead (2)(c). A bulkhead at or near and parallel to the OHWM, built only to protect an existing house and its appurtenances from erosion. It is not exempt if built to create dry land. For a vertical wall, backfill is capped at one cubic yard per foot of wall, and if the water has already cut in behind a failing bulkhead, the replacement goes at or near the actual OHWM.
• Docks (2)(h). A pleasure-craft dock for the owner’s private use, under the dollar limits in the table above. The WAC still prints the old $20,000 and $10,000; the table shows the adjusted figures. Construction within five years that pushes the combined value over the limit becomes substantial development. A dock does not include recreational decks or storage.
• Small projects (2)(a). Work costing $8,504 or less (cost or fair market value, whichever is higher) that does not interfere with public use.
• Demolition on its own. Dismantling or removing structures is not development when nothing else is built (WAC 173-27-030). A teardown followed by a new house is development, and the new house goes through the single-family exemption.

For a remodel, repair to the same size and form falls under the maintenance and repair exemption; a bigger footprint or taller roof has to fit the single-family exemption. You name the provision and the city decides.

How the letter of exemption works, city by city

The state requires a written letter of exemption, addressed to you and to Ecology, whenever an exempt project also needs a Corps of Engineers permit under Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act. The letter must name the specific exemption and summarize the city’s analysis of consistency with the SMP (WAC 173-27-050). Cities may require a letter for other projects too, and each city below issues its own written exemption.

City	What it is called and how to apply	What the city says
Seattle (SDCI)	Shoreline exemption, requested in the Seattle Services Portal under your construction record after the preliminary application	Written approval is required before a construction permit is issued; the decision must come before building permit intake. Initial review usually takes 2 to 4 weeks. Fee is the Land Use hourly rate, one hour paid at submittal.
Mercer Island	Shoreline Exemption, a city confirmation that the work meets a WAC 173-27-040 exemption	Pre-application recommended. Submit a narrative documenting the exemption, a title report under 30 days old and an arborist report (unless waived), the plan set, and a State Environmental Policy Act (SEPA) checklist unless categorically exempt.
Medina	Shoreline exemption	Fee of $200 on the June 2024 master fee schedule. Non-exempt work of $50,000 or less, with no dredging and 500 cubic yards of grading or less, can use an administrative substantial development permit; other substantial development permits go to the hearing examiner.
Kirkland	Exemption from Shoreline Substantial Development Permit	The application asks which WAC 173-27-040 provision applies. The city must find the proposal consistent with its SMP (Kirkland Zoning Code Chapters 83 and 141).
Bellevue	Shoreline Exemption, applied for on MyBuildingPermit	Issued with SEPA review (WE) or without it (WD). The city must still review the proposal and issue an exemption to ensure consistency with the SMP.

Sources: each city’s published exemption page, application packet or fee schedule, read September 2026. Confirm fees and steps with the city.

Seattle’s list of shoreline plan information makes a good checklist anywhere: the water body, the OHWM line, shoreline and residential setbacks, ground and submerged elevations, and mapped critical areas. The local detail for each city is in my guides to Mercer Island, Medina, Kirkland zoning and Bellevue zoning.

What still applies once you are exempt

WAC 173-27-040(1)(b) is blunt: an exemption from the permit is not an exemption from the Act, the local master program or any other regulation. Ecology’s page says the same about SMP regulations, which generally apply whether or not a permit is required. On a house, that means:

• The shoreline setback. Measured from the OHWM, and set by each city. In Medina’s shoreline master program, a city map assigns each lot 30 feet, 30 feet with shoreline enhancements (50 feet without them), 50 feet, or a stringline drawn between the nearest points of the two neighboring houses, within set limits (2019 program; confirm the current code).
• Vegetation conservation. Medina’s program, for example, limits clearing to the minimum necessary, preserves all trees in the shoreline setback unless removal is authorized and replaced, and requires a professional restoration plan where the setback is cleared.
• Height. The shoreline program has its own limit, and the zoning limit also applies to structures landward of the OHWM. In Medina’s program the shoreline figure is 30 feet in R-16 and 35 feet in R-20 and R-30, with zoning height applying on top.
• Critical areas and SEPA. Medina’s program has its own chapter for critical areas in shoreline jurisdiction, and Seattle requires a separate critical areas exemption on steep slopes. Environmental review under SEPA may apply depending on the city and the scope.

The exemption is a finding that your design already complies, so the design has to be settled before you apply.

When you need a full permit, a conditional use or a variance

Three situations need more than an exemption letter:

• Substantial development permit. When the project, or any part of it, fits no exemption: a house built to sell, a structure waterward of the OHWM that is not an exempt dock, fill in the water, or a dock over the dollar limit. In Medina these go to the hearing examiner unless the work qualifies for the administrative route in the table above.
• Conditional use permit. If the SMP lists your use as a conditional use, or does not list it at all, you need a shoreline conditional use permit even when no substantial development permit is required (WAC 173-27-040(1)(b)).
• Variance. A project that does not meet the SMP’s bulk, dimensional or performance standards, such as the shoreline setback, can only be approved by a shoreline variance.

Ecology’s page notes that both the local government and Ecology must approve shoreline conditional use and variance permits, and that one project can need more than one permit. If a lot will not take the house you want without a variance, find out before you buy it.

Docks, bulkheads and the federal and state layers

Work at or below the water line can bring in two more agencies.

• Washington Department of Fish and Wildlife. The Hydraulic Code (RCW 77.55) requires a Hydraulic Project Approval (HPA) before work on a hydraulic project, defined as work that will use, divert, obstruct or change the natural flow or bed of any salt or fresh water of the state. WDFW says this applies to people planning hydraulic projects in or near state waters. A complete application must show compliance with SEPA.
• U.S. Army Corps of Engineers. Section 10 of the Rivers and Harbors Act generally applies to projects on or over navigable waters, and Section 404 of the Clean Water Act to discharges of dredged or fill material into water or wetlands. The state rule says to get specific applicability from the Corps. When either permit applies, the city must issue the formal letter of exemption described above.

So a replacement dock can be exempt from the city’s permit and still need an HPA and a Corps permit. I start in-water applications early and keep the house on its own track.

How I sequence a waterfront project

1. Survey and OHWM. A boundary and topographic survey with the ordinary high water mark located in the field, plus any critical areas.
2. Envelope. Shoreline setback, zoning setbacks, height from average grade and the city’s own height rule, vegetation and tree limits, all on one site plan.
3. Exemption path. Confirm the house fits (2)(g), decide separately what the dock or bulkhead needs, and check whether SEPA applies.
4. Pre-application. Where the city offers one, bring the site plan and the exemption narrative.
5. Exemption, then building permit. In Seattle the exemption decision comes before building permit intake. Elsewhere, ask whether it can run alongside.

For planning I use 2 to 4 months of design to reach permit submission, 6 to 10 months of permitting for a new house in Seattle (about 2 to 3 months for a remodel), 12 to 18 months of construction and 18 to 30 months from design start to move-in; a full substantial development permit, a variance or in-water permits add to that. Construction on these homes runs $400 to $900 per square foot as a planning range. The design side of waterfront work is in lakefront home design on Lake Washington.

Piper Cole designs houses and administers construction for the owner. Piper Cole does not build.

Questions

What is a shoreline exemption in Washington?

It is a written decision by the city or county that a project within shoreline jurisdiction meets one of the exemptions in WAC 173-27-040 and so does not need a shoreline substantial development permit. It does not exempt the project from the Shoreline Management Act or the local shoreline master program; the project must still meet every setback, vegetation and height standard.

Do I need a shoreline permit to build a house on Lake Washington?

Usually not a substantial development permit, if you are the owner building a single-family house for your own or your family’s use, no taller than 35 feet above average grade, entirely landward of the ordinary high water mark, and it meets all other local rules (WAC 173-27-040(2)(g)). You do need the city’s written exemption, and you still need a conditional use permit or variance if the shoreline master program requires one.

What is the dollar threshold for a shoreline substantial development permit?

$8,504, effective July 1, 2022, under Office of Financial Management notice WSR 22-11-036. The Office of Financial Management adjusts it for inflation every five years and the next adjustment is due July 1, 2027. Any development over that value, or any that materially interferes with public use of the water, is substantial development unless an exemption applies.

What does WAC 173-27-040 exempt?

The exemptions most relevant to homeowners are work costing $8,504 or less, normal maintenance and repair, the normal protective bulkhead for a single-family house, an owner’s own single-family house up to 35 feet above average grade with its normal appurtenances, and private pleasure-craft docks under set dollar limits. Exemptions are construed narrowly, the applicant carries the burden of proof, and if any part of a project is not exempt, the whole project needs a substantial development permit.

How do I get a shoreline exemption from SDCI in Seattle?

Submit a preliminary application to get a construction record number, then request the shoreline exemption through the Seattle Services Portal with a site plan, supporting documents and the fee, which is the Land Use hourly review fee with one hour paid at submittal. SDCI says initial review usually takes 2 to 4 weeks and the exemption decision must be issued before your building permit intake appointment.

What counts as an appurtenance to a single-family house on the shoreline?

An appurtenance is necessarily connected to the use and enjoyment of the house and sits landward of the ordinary high water mark and any wetland edge. Statewide that includes a garage, deck, driveway, utilities, fences, a septic system, and grading of no more than 250 cubic yards with no fill in a wetland or below the ordinary high water mark. A local shoreline master program may add others. A dock is not an appurtenance.

Is a dock replacement exempt from a shoreline permit?

It can be. In fresh water, a replacement dock of equal or smaller size in a city with an updated shoreline master program is exempt up to $28,000 in fair market value, and other freshwater docks up to $13,900, effective August 5, 2023. In salt water the limit is $2,500. A dock usually also needs a Hydraulic Project Approval from the Department of Fish and Wildlife and may need a Corps of Engineers permit.

Can I rebuild my waterfront house under a shoreline exemption?

Often, yes. Demolition alone is not development under the state rules, and a new owner-occupied house can use the single-family exemption if it meets the 35 foot height limit, stays landward of the ordinary high water mark and complies with the local shoreline setback, vegetation and height standards. If the new house cannot meet a dimensional standard such as the setback, it needs a shoreline variance.

Does a shoreline exemption expire?

It depends on the city. Kirkland’s posted exemption application form, dated 2012, states that an approved exemption is valid for the length of the associated development permit, or four years if there is none. Ask your city how long its exemption decision stays valid before you apply.