Federal Way's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Federal Way, Washington, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Erosion Control

FWRC 7.05.020 makes it a public nuisance and code violation for a property owner to allow erosion, undermining, or sediment deposition that spreads onto a neighboring parcel. The rule applies during construction and any time site conditions cause off-site erosion damage.

Key details: Governing section: FWRC 7.05.020. Violation type: Public nuisance + development regulation violation. Prohibited outcome: Erosion/undermining of adjacent property. Also prohibited: Sediment deposition onto adjacent land. First-offense fine: $100.00 civil infraction.

A property owner who allows erosion, undermining, or off-site sediment deposition is subject to Title 7's public nuisance enforcement: a civil infraction under FWRC 1.15.110 starting at $100.00, rising to $200.00 and then $300.00 for repeat violations of the same nature, with each day the condition remains unabated after notice treated as a separate offense.

Boat Dock Permits

Federal Way regulates piers, docks, floats, and mooring buoys under its Shoreline Master Program. A single-family dock on Puget Sound tops out at 75 feet from the ordinary high water mark, and new construction needs city shoreline review before it goes in the water.

Key details: Single-family dock max length (marine): 75 feet from OHWM. Shared dock max length (marine): 100 feet if justified. Max dock/pier width: 6 feet. Lake shoreline waterward limit: 36 feet or 8-foot depth. Docks per residential lot: One maximum.

Docks and piers built without the required shoreline permit, or that exceed the length, width, or height limits in FWRC 15.05.050, are subject to the city's shoreline enforcement and permit-revision process under FWRC 15.05.210 and the general shoreline management permit and enforcement procedures adopted by reference in FWRC 15.05.110. Unpermitted overwater structures can be ordered removed or brought into compliance, and live-aboard moorage beyond the 14-day cap in any six-month period is a separate violation of the same section.

Stormwater Management

Federal Way bans dumping contaminants into surface water, stormwater or groundwater citywide and sets numeric water-quality limits for anything leaving a property into the public storm system. New development adding 2,000 square feet of impervious surface or 7,000 square feet of land disturbance must meet the city's drainage review standards, and the Public Works surface water management division inspects facilities at least annually.

Key details: Enforcing agency: Public Works surface water management division. Impervious surface trigger: 2,000 sq ft new or replaced. Land disturbance trigger: 7,000 sq ft. Fecal coliform limit: 50 organisms/100mL geometric mean. Inspection frequency: At least annual.

Under FWRC 1.15.040(5), a notice-and-order violation of this title accrues a monetary penalty of $100 for the first violation, $200 for a second violation of the same nature, $300 for a third, and $500 for each additional violation, per day the violation continues past the correction deadline. If the notice and order goes unappealed, each day the violation continues past the correction date is a misdemeanor under FWRC 1.15.040(8). FWRC 16.45.090(4) also lets the director summarily abate a condition that poses an immediate threat to health, safety or the environment, billing the responsible person for the abatement cost.

Compared to other cities, Federal Way takes a harder line on stormwater management. The enforcement and penalty structure reflects that.

Flood Elevation Requirements

Federal Way requires new and substantially improved residential structures in AE flood zones to elevate the lowest floor, including any basement, at least one foot above the base flood elevation. A floodplain development permit and an elevation certificate from a licensed engineer or surveyor are mandatory before and after construction.

Key details: Freeboard standard: 1 foot above BFE, residential AE zones. Critical facilities: 3 feet above BFE or 500-year flood level. Opening requirement: 1 sq in per sq ft of enclosed area. Opening height: No higher than 1 foot above grade. Certification: FEMA Form 81-31, Section B by city.

The director of the Federal Way community development department serves as the city's floodplain administrator and enforces this chapter under FWRC 19.142.080 and 19.142.130 by reviewing building permit applications for compliance with the elevation and certification requirements. A structure built with its lowest floor below the base flood elevation without an approved variance faces sharply higher flood insurance costs. FWRC 19.142.100(7) requires the director to give written notice that a granted variance allowing construction below BFE will raise flood insurance premiums up to $25.00 for every $100.00 of coverage and increases risk to life and property. Failure to submit the required post-construction elevation certification blocks final occupancy approval.

Flood Zones

Federal Way requires a floodplain development permit under FWRC 19.142.060 before any construction, fill, or development begins in a mapped area of special flood hazard, and the floodway subset of that hazard area bars new or reconstructed residential structures outright except for narrow repair exceptions. The city administers the rule against FEMA's Flood Insurance Study and rate maps for King County.

Key details: Permit required: Before any development in flood hazard area. Floodway housing rule: New/rebuilt residential structures prohibited. Repair exception: Under 50% of structure's market value. Manufactured home elevation: 1 foot above base flood elevation. Flood maps used: King County FIRM dated Aug. 19, 2020.

Developing without a floodplain permit, or building within a floodway in violation of FWRC 19.142.160, is a violation of this chapter; a structure missing its elevation certificate or other required documentation is presumed noncompliant under FWRC 19.142.040. Where a violation creates an immediate threat to health, safety, or the environment, the director may summarily abate it and bill the property owner for the abatement costs.

Compared to other cities, Federal Way takes a harder line on flood zones. The enforcement and penalty structure reflects that.

The Bottom Line

Federal Way is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Federal Way, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Federal Way can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.