Ordinance No. 2025-09 Requirements for Flood Damage Prevention Amending BIMC Title 15 (Approved 072225)Page 1 of 37
ORDINANCE NO. 2025-09
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to requirements for building code and flood damage
prevention, amending Chapter 15.05, Building Code, and Chapter
15.16, Flood Damage Prevention.
WHEREAS, Washington statutes require all jurisdictions in the state adopt by reference
and enforce the same building code throughout Washington; and
WHEREAS, Washington established the 2021 International codes, promulgated by the
International Code Council (ICC), as the basis of the new State Building Code; and
WHEREAS, Chapter 15 of the Bainbridge Island Municipal Code (“BIMC”) implements
the goals and policies of the City’s Comprehensive Plan related to Building Code; and
WHEREAS, the City’s Comprehensive Plan establishes goals and policies for flood
damage prevention; and
WHEREAS, the Federal Emergency Management Agency (“FEMA”) sets forth Federal
requirements regarding floodplain management for local governments; and
WHEREAS, FEMA manages the National Flood Insurance Program (“NFIP”), which
aims to reduce the impact of flooding on public and private structures by providing
affordable flood insurance to property owners and encouraging local governments to
adopt and enforce floodplain management regulations; and
WHEREAS, to ensure the continued availability of the NFIP to property owners on
Bainbridge Island, the City is required to administer and enforce the floodplain
regulations contained in BIMC Chapter 15; and
WHEREAS, the City has an obligation to be in compliance with FEMA P-2196 to
participate in the NFIP; and
WHEREAS, the Washington State Department of Ecology (“Ecology”) assists local
governments with the NFIP by providing technical assistance, flood ordinance reviews,
and community assistance visits; and
WHEREAS, Ecology has identified amendments to BIMC Chapter 15.16 required in
order to ensure the City’s compliance with NFIP and state floodplain regulations; and
WHEREAS, outdated references within Chapter 15.04 require an update to ensure
continued application of the standards within Title 15; and
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WHEREAS, notice was given on April 10, 2025, to the Washington State Department of
Commerce in conformance with RCW 36.70A.106 related to Ordinance No 2025- 09;
and
WHEREAS on April 10, 2025, the City’s SEPA Responsible Official issued a
Determination of Nonsignificance in accordance with State Environmental Policy Act
regulations (WAC 197-11-340(2)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 15.04.020 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.04.020 Codes adopted by reference.
The following codes are adopted by reference subject to the amendments set forth in
BIMC 15.04.021 through 15.04.050 and Resolution 99-31:
A. The International Building Code, 2021 Edition, published by the International Code
Council, and amended by the State Building Code Council in Chapter 51-50 WAC,
together with ICC A117.1, Appendix C (Agricultural Buildings), Appendix E
(Supplementary Accessibility Requirements), Appendix J (Grading), and the 2021
International Existing Building Code;
B. The International Residential Code, 2021 Edition, published by the International Code
Council, and amended by the State Building Code Council in Chapter 51-51 WAC
together with Appendix F (Radon Control Measures), Appendix J (Existing Buildings and
Structures), and Appendix Q (Tiny Homes);
C. The Uniform Plumbing Code, 2021 Edition, published by the International Association
of Plumbing and Mechanical Officials, and amended by the State Building Code Council
in Chapter 51-56 WAC including Appendices A, B, I and M;
D. The International Mechanical Code, 2021 Edition, published by the International Code
Council, and amended by the State Building Code Council in Chapter 51-52 WAC;
except that the standards for handling liquefied petroleum gas installations shall be NFPA
58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code);
E. The International Energy Conservation Code, 2021 Edition, published by the State
Building Code Council, and amended in Chapters 51-11C and 51-11R WAC;
F. The International Fuel Gas Code, 2021 Edition, published by the International Code
Council;
G. The International Green Construction Code (IGCC), 2021 Edition, is adopted by
reference as an optional alternative to the 2021 IBC and/or 2021 IRC;
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H. The International Swimming Pool and Spa Code, 2021 Edition, published by the
International Code Council;.
I. The International Property Maintenance Code, 2021 Edition, published by the
International Code Council.
In case of conflict among the BIMC and codes adopted in subsections A, B, C, D, E, F, G,
and H and I of this section, the BIMC shall govern.
Section 2. Section 15.04.040 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.04.040 Uniform International Building Code – Section 106.4 105 amended –
Permits issuance.
A. Permit Required.
1. Issuance Procedure. The application, plans and specifications and other data
filed by an applicant for a permit shall be checked by the building official or
his/her designee for a determination of completeness. The building permit
application shall be considered complete only after:
a. The determination that the official application form is complete.
b. The plans submitted are adequate to evaluate the proposed project.
c. The plan check fees have been paid by the applicant.
The complete application and building plans shall be reviewed by the building
official for compliance with codes adopted by this chapter and other pertinent
laws and ordinances in effect in the city of Bainbridge Island. When the building
official is satisfied that the work as described in the application satisfies the
requirements of this code and conforms to other pertinent laws and ordinances,
the applicant will be required to pay the calculated building permit fee. A building
permit shall then be issued to the applicant for the work described.
2. Compliance with Approved Plans and Permits. When the building official
issues a permit, he/she shall endorse the permit in writing or stamp the plans
“APPROVED.” Such approved plans and permit shall not be changed, modified
or altered without authorization from the building official, and all work shall be
done in accordance with the approved plans and permit except as the building
official may require during field inspection to correct errors or omissions.
3. Permits for Part of a Project. The building official may issue a permit after
payment of the required fee for the construction of part of a project before
complete plans for the whole project have been submitted or approved; provided,
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that the proposed project complies with the State Environmental Policy Act and
the zoning ordinance (including site plan review); and provided further, that
adequate information and plans have been filed and checked to assure compliance
with all requirements of this and other pertinent codes.
4. Amendments to the Permit. When substitutions and changes are made during
construction, approval shall be secured prior to execution. Substitutions, changes
and clarifications shall be shown on two sets of plans which shall be submitted to
and approved by the building official, accompanied by redesign fees, prior to
occupancy.
5. Cancellation of Permit Application. If a permit is not issued after a period of six
months 180 days from the date of approval for issuance or date of notification of
required corrections, the applicant shall be notified in writing that the permit
application will be canceled after one month. After that time, the site shall be
inspected to verify that no work has taken place. The application shall be canceled
and it and any accompanying plans and specifications destroyed and the portion
of the fee paid forfeited. Upon written request of the applicant, prior to
cancellation, the building official may extend the life of the permit application for
a period not to exceed six months, with no other extensions possible; except that
applications may be further extended by the building official where permit
issuance is delayed by litigation, appeals or similar problems. Application forms
and plans for such canceled permit applications shall not be retained by the city.
Any application for a permit for the same structure and/or site for which the
original permit was canceled shall be considered a new application requiring a
new application and submittal of a new complete set of plans, recalculations of
the fees by the building official and payment of the full fee. All ordinances in
effect at the time of the filing of the new completed application shall be complied
with.
B. Retention of Plans for Work Under Construction. One set of approved plans shall be
retained by the building official for a period of 90 180 days from the date of the final
inspection and one set of approved plans shall be returned to the applicant, which set
shall be kept on such building or work site at all times during which the work authorized
is in progress for use by the building inspector.
C. Validity. The issuance or granting of a permit or approval of plans shall not be
construed to be a permit for, or an approval of, any violation of any of the provisions of
this code or of any other ordinance of this jurisdiction. No permit presuming to give
authority to violate or cancel the provisions of this code shall be valid.
The issuance of a permit based upon plans shall not prevent the building official from
thereafter requiring the correction of errors in said plans, specifications or other data, or
from preventing building operations being carried on thereunder when in violation of this
code or of any other ordinances of the city.
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The issuance of a building permit shall not prevent the building official from requiring
correction of conditions found to be in violation of this code or any ordinance of the city,
nor shall the period of time for which any such permit is issued by construed to intend or
otherwise affect any period of time for compliance specified in any notice or order issued
by the building official or other administrative authority requiring the correction of any
such condition.
D. Expiration.
1. Permits and Renewals Where Work is Progressing. Permits shall expire one
year from the date that the original permit was issued, except if specifically noted
otherwise on the permit. Permits for major construction projects that require more
than one year to complete may be issued for a length of time that provides a
reasonable time to complete the work, however, in no case to exceed three years.
Permits may be renewed and renewed permits may be further renewed by the
building official upon application within the 30-day period immediately preceding
the date of expiration thereof; provided, that the building official determines that
the work permitted has been started and is progressing. If commencement or
completion of the work is delayed by litigation, appeals, strikes or other causes
beyond the permittee’s control, the expiration date will be extended the number of
days the work was delayed by such causes. A new permit will be applied for
where a permit has expired.
2. Permits and Renewals Where Work is Not Commenced or is Suspended.
Permits and renewed permits shall expire 180 days from the date that the original
permit or renewed permit was issued if the work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a period of
180 days. Permits may be renewed one time for such cases by the building official
upon application within the 30-day period preceding expiration of the permit. A
new permit will be applied for where a period has expired.
3. Application Process for New Permits and Renewals of Permits. A new permit
shall be applied for where a permit has expired. A new application form and
complete plans must be filed and a new fee shall be calculated by the building
official and paid by the applicant. All ordinances in effect at the time of filing of a
completed application shall be complied with. A permit may be renewed under the
conditions set forth in this section upon written application for renewal. A renewal
fee amounting to one-half the original fee shall be paid by the applicant before the
renewal permit is issued.
4. Suspension or Revocation. The building official shall, by written order, suspend
or revoke a permit issued under the provisions of this code whenever the permit is
issued in error or on the basis of incorrect information supplied, or in violation of
any ordinance or regulation or any provisions of this code. The building official
may also suspend a permit in whole or in part and stop work pursuant to said
permit whenever an appeal from the action of the building official issuing or
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renewing said permit has been filed pursuant to this chapter or other ordinance of
the city of Bainbridge Island.
Section 3. Section 15.16.010 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.16.010 Methods and purpose.
The flood hazard areas of the city are subject to periodic inundation which results in loss
of life and property, health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare.
These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated,
or otherwise protected from flood damage also contribute to the flood loss.
A. Purpose. It is the purpose of this chapter to promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood conditions in
specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas
mains, electric telephone and sewer lines, streets, and bridges located in areas of
special flood hazard; and
6. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.;
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7. To help maintain a stable tax base by providing for the sound use and
development of flood hazard areas so as to minimize blight areas caused by
flooding;
8. To n otify potential buyers that the property is in a Area of Special Flood Hazard;
and
9. To p articipate in and maintain eligibility for flood insurance and disaster relief.
B. Methods. In order to accomplish its purposes, this chapter includes methods and
provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4. Controlling filling, grading, and other development which may increase flood
damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally
divert floodwaters or may increase flood hazards in other areas.
Section 4. Section 15.16.020 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.16.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
A. “Alteration of watercourse” means any action that will change the location of
the channel occupied by water within the banks of any portion of a riverine
waterbody.
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A. “Area of shallow flooding” means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet;
a clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. AO is characterized as sheet
flow and AH indicates ponding.
B. “Area of shallow flooding” means a designated zone AO, AH, AR/AO or
AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a
one percent or greater annual chance of flooding to an average depth of one to
three feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow. Also referred to as the
sheet flow area.
B. “Area of special flood hazard” means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. Designation on map always includes the letter A or V.
C. “Area of special flood hazard” means the land in the floodplain within a
community subject to a 1 percent or greater chance of flooding in any given
year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO,
AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is
synonymous in meaning with the phrase “area of special flood hazard.”
C. “Base flood” means the flood having a one percent chance of being equaled or
exceeded in any given year (also referred to as the “100-year flood”). Designated
on the Flood Insurance Rate Map by the letter A or V.
D. “Base flood” means the flood having a 1% chance of being equaled or
exceeded in any given year (also referred to as the “100-year flood”).
E. “Base Flood Elevation (BFE)” means the elevation to which floodwater is
anticipated to rise during the base flood.
F. D “Basement” means any area of the building having its floor subgrade
(below ground level) on all sides.
G. E. Breakaway wall” means a wall that is not part of the structural support of
the building and is intended through its design and construction to collapse
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under specific lateral loading forces, without causing damage to the elevated
portion of the building or supporting foundation system.
H. F. “Coastal high hazard area” means an area of special flood hazard extending
from offshore to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms or seismic
sources. The area is designated on the Flood Insurance Rate Map as Zone VJ-
30, VE or V.
I. G. “Critical facility” means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire and emergency response
installations, installations which produce, use, or store hazardous materials or
hazardous waste.
J. H. “Development” means any manmade change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations or storage of
equipment or materials located within the area of flood hazard.
K. I. “Elevated building” means, for insurance purposes, a nonbasement building
that has its lowest elevated floor raised above ground level by foundation
walls, shear walls, post, piers, pilings, or columns.
J. “Elevation certificate” means the official form (FEMA Form 81-31) used to
track development, provide elevation information necessary to ensure compliance
with community floodplain management ordinances, and determine the proper
insurance premium rate with Section B completed by community officials.
L. “Elevation Certificate” means an administrative tool of the National Flood
Insurance Program (NFIP) that can be used to provide elevation information,
to determine the proper insurance premium rate, and to support a request for a
Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill
(LOMR-F).
K. “Flood” or “flooding” means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
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2. The unusual and rapid accumulation or runoff of surface waters
from any source.
M. “Flood or Flooding” means
1) A general and temporary condition of partial or complete inundation
of normally dry land areas from:
a) The overflow of inland or tidal waters.
b) The unusual and rapid accumulation or runoff of surface
waters from any source.
c) Mudslides (i.e., mudflows) which are proximately caused by
flooding as defined in paragraph (1)(b) of this definition and
are akin to a river of liquid and flowing mud on the surfaces
of normally dry land areas, as when earth is carried by a
current of water and deposited along the path of the current.
2) The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves
or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (1)(a) of this definition.
M. “Flood Insurance Study” means the official report provided by the Federal
Insurance Administration that includes flood profiles, the flood boundary-
floodway map, and the water surface elevation of the base flood.
N. “Flood elevation study” means an examination, evaluation and determination
of flood hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards. Also known as a Flood Insurance Study
(FIS).
L. “Flood Insurance Rate Map” or “FIRM” means the official map on which the
Federal Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
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O. “Flood Insurance Rate Map (FIRM)” means the official map of a community,
on which the Federal Insurance Administrator has delineated both the special
hazard areas and the risk premium zones applicable to the community. A
FIRM that has been made available digitally is called a Digital Flood
Insurance Rate Map (DFIRM).
P. “Floodplain or flood prone area” means any land area susceptible to being
inundated by water from any source. See "Flood or flooding."
Q. “Floodplain administrator” means the community official designated by title
to administer and enforce the floodplain management regulations.
R. “Flood proofing” means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate risk
of flood damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. Flood proofed structures are those
that have the structural integrity and design to be impervious to floodwater
below the Base Flood Elevation.
S. N. “Floodway” means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one
foot.
T. O. “Increased cost of compliance” or “ICC” means a flood insurance claim
payment of up to $30,000 made directly to a property owner for the cost to
comply with floodplain management regulations after a direct physical loss
caused by a flood. Eligibility for an ICC claim can be through a single
instance of “substantial damage” or as a result of “cumulative substantial
damage.”
U. “Highest adjacent grade” means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
V. “Historic structure” means any structure that is:
1) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic
district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
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3) Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by
the Secretary of Interior; or
4) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either:
a) By an approved state program as determined by the Secretary
of the Interior, or
b) Directly by the Secretary of the Interior in states without
approved programs.
W. P. “Lowest floor” means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other than a
basement area, is not considered a building’s lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirements of this chapter.
X. Q. “Manufactured home” means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. For
floodplain management purposes the term “manufactured home” also includes
park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days. For insurance purposes the term
“manufactured home” does not include park trailers, travel trailers, and other
similar vehicles.
Y. R. “Manufactured home park or subdivision” means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or
sale.
Z. “Mean Sea Level” means for purposes of the National Flood Insurance
Program, the vertical datum to which Base Flood Elevations shown on a
community's Flood Insurance Rate Map are referenced.
S. “New construction” means structures for which the start of construction
commenced on or after the effective date of the ordinance codified in this chapter.
AA. “New construction” means for the purposes of determining insurance
rates, structures for which the “start of construction” commenced on or after
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the effective date of an initial Flood Insurance Rate Map or after December
31, 1974, whichever is later, and includes any subsequent improvements to
such structures. For floodplain management purposes, “new construction”
means structures for which the "start of construction" commenced on or after
the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
BB. T. “Recreational vehicle” means a vehicle:
1) 1. Built on a single chassis;
2) 2. Four hundred square feet or less when measured at the largest
horizontal projection;
3) 3. Designed to be self-propelled or permanently towable by a light
duty truck; and
4) 4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or
seasonal use.
CC. U. “Start of construction” includes substantial improvement, and means
the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement or other improvement was
within 180 days of the permit date. The “actual start” means either the first
placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundation or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the “actual start” of construction
means the first alteration of any wall, ceiling, floor, or other structural part of
a building, whether or not that alteration affects the external dimensions of the
building.
DD. V. “Structure” means a walled and roofed building including a gas or
liquid storage tank that is principally above ground.
EE. W. “Substantial damage” means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
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would equal or exceed 50 percent of the market value of the structure before
the damage occurred.
FF. X. “Substantial improvement” means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure either:
1) 1. Before the improvement or repair is started; or
2) 2. If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition “substantial
improvement” is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure.
The term does not, however, include either:
i. Any project for improvement of a structure to correct pre-cited
existing violations of state or local health, sanitary, or safety
code specifications which have been previously identified by the
local code enforcement official and which are the minimum
necessary to ensure safe living conditions; or
ii. Any alteration of a structure listed on the National Register of
Historic Places or a state inventory of historic places.
GG. Y. “Variance” means a grant of relief from the requirements of this
chapter which permits construction in a manner that would otherwise be
prohibited by this chapter.
HH. Z. “Water dependent” means a structure for commerce or industry which
cannot exist in any other location and is dependent on the water by reason of
the intrinsic nature of its operations. (Ord. 2015-28 § 1, 2015: Ord. 2005-05
§ 1, 2005: Ord. 2003-22 § 21, 2003; Ord. 88-22 § 2, 1988)
Section 5. Section 15.16.030 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.16.030 General provisions.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of
special flood hazards within the jurisdiction of the city.
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B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special
flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled, “The Flood Insurance Study for Kitsap County and
Incorporated Areas” dated February 3, 2017, with accompanying Flood Insurance
Maps and any revisions thereto, is adopted by reference and declared to be a part
of this chapter. The Flood Insurance Study is on file at the office of the city clerk.
The best available information for flood hazard area identification as outlined in
BIMC 15.16.040.D.2 shall be the basis for regulation until a new FIRM is issued
that incorporates data utilized under BIMC 15.16.040.D.2.
C. Compliance. All development within special flood hazard areas is subject to the
terms of this ordinance and other applicable regulations.
D. C. Penalties for Noncompliance. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance with
the terms of this chapter and other applicable regulations. Violation of the
provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Any person who violates this chapter
or fails to comply with any of its requirements shall upon conviction thereof be
fined not more than $500.00 or imprisoned for not more than 90 days, or both, for
each violation, and in addition shall pay all costs and expenses involved in the
case. Nothing herein contained shall prevent the city from taking such other
lawful action as is necessary to prevent or remedy any violation.
E. D. Abrogation and Greater Restrictions. This chapter is not intended to repeal,
abrogate or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
F. E. Interpretation. In the interpretation and application of this chapter, all
provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted
under state statutes.
G. F. Warning and Disclaimer of Liability. The degree of flood protection required
by this chapter is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and will occur on rare
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occasions. Flood heights may be increased by manmade or natural causes. This
chapter does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This
chapter shall not create liability on the part of city, any officer or employee
thereof, or the Federal Insurance Administration for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made
hereunder. (Ord. 2017-04 § 1, 2017; Ord. 2015-28 § 2, 2015; Ord. 2010-38 § 1,
2010: Ord. 2005-05 § 2, 2005; Ord. 90-15 § 2, 1990; Ord. 88-22 § 2, 1988)
Section 6. Section 15.16.040 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.16.040 Establishment of development permit.
A. Development Permit Required. A development permit shall be obtained before
construction or development begins within any area of special flood hazard
established in BIMC 15.16.030.B. The permit shall be for all structures including
manufactured homes, as set forth in BIMC 15.16.020, and for all development
including fill and other activities, also as set forth in BIMC 15.16.020.
B. Application for Development Permit. Application for a development permit shall
be made on forms furnished by the city building official and may include but not
be limited to: plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
1.Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has
been floodproofed;
3.Certification by a registered professional engineer or architect that
the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in BIMC 15.16.050.F.2; and
4.Description of the extent to which a watercourse will be altered or
relocated as a result of proposed development.;
5.Where a structure is proposed in a V,V1-30, or VE zone, a V-zone
design certificate;
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6. Where development is proposed in a floodway, an engineering
analysis indicating no rise of the Base Flood Elevation; and
7.Any other such information that may be reasonably required by the
Floodplain Administrator in order to review the application.
C. Designation of the Building Official. The city building official is appointed to
administer and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
D. Duties and Responsibilities of the Building Official. Duties of the building official
shall include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the
permit requirements of this chapter have been satisfied;
b. Review all development permits to determine that all
necessary permits have been obtained from those federal,
state, or local governmental agencies from which prior
approval is required;
c. Review all development permits to determine if the
proposed development is located in the floodway. If located
in the floodway, assure that the provisions of BIMC
15.16.050.G are met;
d. The proposed development is not located in the floodway.
If located in the floodway, assure the encroachment
provisions of BIMC 15.16.050 are met.
e. Notify FEMA when annexations occur in the Special Flood
Hazard Area.
2. Uses of Other Base Flood Data. When base flood elevation data
has not been provided in accordance with BIMC 15.16.030.B, the
building official shall obtain, review, and reasonably utilize any base
flood elevation and floodway data available from a federal, state or
other source in order to administer BIMC 15.16.050.F and
3. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the
Flood Insurance Study or required as in subsection D.2 of
this section, obtain and record the actual (as-built)
elevation (in relation to mean sea level) of the lowest
floor, including basement, of all new or substantially
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improved structures, and whether or not the structure
contains a basement;
b. For all new or substantially improved floodproofed
structures:
i. Verify and record an actual elevation (in relation to
mean sea level); and
ii. Maintain the floodproofing certifications required in
subsection B.3 of this section;
c. Maintain for public inspection all records pertaining to
the provisions of this chapter;
d. Documentation of the elevation of the bottom of the
lowest horizontal structural member in V or VE zones.
e. Records of all variance actions, including justification for
their issuance.
f. Improvement and damage calculations.
4. Alteration of Watercourses.
a. Prior to any alteration or relocation of a watercourse, the
applicant shall obtain a hydraulic project approval (HPA)
from the Washington State Department of Fish and Wildlife,
notify adjacent communities and the Washington State
Department of Ecology, and submit evidence of such
notification and the HPA to the Federal Insurance
Administration;
b. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is not diminished;
5. Interpretation of FIRM Boundaries. Make interpretations where
needed, as to exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
subsection E of this section.
6. Review of Building Permits. Where elevation data is not available,
either through the FIS, FIRM, or from another authoritative source
(Section 4.3-2), applications for floodplain development shall be
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reviewed to assure that proposed construction will be reasonably
safe from flooding. The test of reasonableness is a local judgment
and includes use of historical data, high water marks, photographs
of past flooding, etc., where available. Failure to elevate habitable
buildings at least two feet above the highest adjacent grade in these
zones may result in higher insurance rates.
E. Variance Procedure.
1. Appeal Board.
a. Pursuant to BIMC 2.16.100, the hearing examiner shall
hear and decide appeals and requests for variances from the
requirements of this chapter, and appeals alleging error in
any requirement, decision, or determination made by the
building official in the enforcement or administration of
this chapter.
b. The decision of the hearing examiner shall be final unless,
within 21 days after issuance, it is appealed in accordance
with Chapter 36.70C RCW.
c. In passing upon such applications, the applicable city
official or appeal entity shall consider all technical
evaluations, all relevant factors, standards specified in other
sections of this chapter, and:
i. The danger that materials may be swept onto other
lands to the injury of others;
ii. The danger to life and property due to flooding or
erosion damage;
iii. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
iv. The importance of the services provided by the
proposed facility to the community;
v. The necessity to the facility of a waterfront location,
where applicable;
vi. The availability of alternative locations for the
proposed uses which are not subject to flooding or
erosion damage;
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vii. The compatibility of the proposed use with existing
and anticipated development;
viii. The relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
ix. The safety of access to the property in times of flood
for ordinary and emergency vehicles;
x. The expected heights, velocity, duration, rate of rise,
and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the
site; and
xi. The costs of providing governmental services during
and after flood conditions, including maintenance
and repair of public utilities and facilities such as
sewer, gas, electrical and water systems, and streets
and bridges.
d. Upon consideration of the above factors and the purposes
of this chapter, the applicable official or city entity may
attach such conditions to the granting of variances as it
deems necessary to further the purposes of this chapter.
e. The building official shall maintain the records of all
appeal actions and report any variances to the Federal
Insurance Administration upon request.
2. Conditions for Variances.
a. Generally, the only condition under which a variance from
the elevation standard may be issued is for new
construction and substantial improvements to be erected on
a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed
below the base flood level, providing subsections E.1.c.i
through E.1.c.xi of this section have been fully considered.
As the lot size increases, the technical justification required
for issuing the variance increases.
b. Variances may be issued for the reconstruction,
rehabilitation, or restoration of structures listed on the
National Register of Historic Places or the State Inventory
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of Historic Places that will not preclude the structure’s
continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic
character and design of the structure without regard to the
procedures set forth in this section.
c. Variances shall not be issued within a designated floodway
if any increase in flood levels during the base flood
discharge would result.
d. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
e. Variances shall only be issued upon:
i. i. A showing of good and sufficient cause;
ii. ii. A determination that failure to grant the variance
would result in exceptional hardship to the applicant;
iii. iii. A determination that the granting of a variance
will not result in increased expense, create nuisances,
cause fraud on or victimization of the public as
identified in subsection E.1.c of this section, or
conflict with existing local laws or ordinances.
f. Variances as interpreted in the National Flood Insurance
Program are based on the general zoning law principle that
they pertain to a physical piece of property; they are not
personal in nature and do not pertain to the structure, its
inhabitants, economic or financial circumstances. They
primarily address small lots in densely populated
residential neighborhoods. As such, variances from the
flood elevations should be quite rare.
g. Variances may be issued for nonresidential buildings in
very limited circumstances to allow a lesser degree of
floodproofing than watertight or dry-floodproofing, where
it can be determined that such action will have low damage
potential, complies with all other variance criteria except
subsection E.2.a of this section, and otherwise complies
with BIMC 15.16.050.
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h. Any applicant to whom a variance is granted shall be given
written notice, signed by the building official, that the
structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation. (Ord.
2015-28 § 3, 2015; Ord. 2005-05 § 3, 2005; Ord. 2003-25
§ 5, 2003; Ord. 90-15 §§ 3, 4, 1990; Ord. 88-22 § 2, 1988)
Section 7. Section 15.16.050 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.16.050 General standards.
In all areas of special flood hazards, the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation,
collapse or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include,
but are not limited to, use of over-the-top or frame ties to ground anchors
(Reference FEMA’s “Manufactured Home Installation in Flood Hazard
Areas” guidebook for additional techniques).
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing and air-conditioning equipment
and other service facilities shall be designed and/or otherwise elevated or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
C. Utilities.
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1. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system. Water
wells shall be located on high ground that is not in the floodway;
2. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and
discharge from the systems into floodwaters; and
3. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
D. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize
flood damage;
2. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
4. Where base flood elevation data has not been provided or is not available
from another authoritative source, it shall be generated for subdivision
proposals and other proposed developments which contain at least 50 lots
or five acres (whichever is less).
E. Review of Building Permits. Where elevation data is not available either through
the Flood Insurance Study or from another authoritative source, applications for
building permits shall be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a local judgment and
includes use of historical data, high water marks, photographs of past flooding,
etc., where available. Failure to elevate at least two feet above grade in these
zones may result in higher insurance rates.
F. Specific Standards. In all areas of special flood hazards where base flood
elevation data has been provided as set forth in BIMC 15.16.030.B or
15.16.040.D.2, the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any
residential structure shall have the lowest floor, including
basement, elevated one foot or more above base flood elevation.
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a. In AE and A1-30 zones or other A zoned areas where the BFE
has been determined or can be reasonably obtained, new
construction and substantial improvement of any residential
structure shall have the lowest floor, including basement,
elevated one foot or more above the BFE. Mechanical
equipment and utilities shall be designed so that floodwaters
cannot infiltrate or accumulate within any component of the
system or elevated least one foot above the BFE.
b. Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following
minimum criteria:
i. A minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than
one foot above grade.
iii. Openings may be equipped with screens, louvers, or
other coverings or devices; provided, that they permit
the automatic entry and exit of floodwaters.
iv. A garage attached to a residential structure,
constructed with the garage floor slab below the BFE,
must be designed to allow for the automatic entry and
exit of floodwaters.
c. New construction and substantial improvement of any
residential structure in an Unnumbered A zone for which a BFE
is not available and cannot be reasonably obtained shall be
reasonably safe from flooding, but in all cases the lowest floor
shall be at least two feet above the Highest Adjacent Grade.
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d. New construction and substantial improvement of any
residential structure in a V, V1-30, or VE zone shall meet the
requirements in Appendix B.
2. Nonresidential Construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement, elevated
one foot or more above the level of the base flood elevation; or, together
with attendant utility and sanitary facilities, shall:
2. Nonresidential Construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential
structure shall meet the requirements of subsection 1 or 2, below.
1) New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall meet all of the
following requirements:
a. Be floodproofed so that below one foot above the base
flood level the structure is watertight with walls substantially
impermeable to the passage of water;
a) In AE and A1-30 zones or other A zoned areas where the
BFE has been determined or can be reasonably obtained:
New construction and substantial improvement of any
commercial, industrial, or other nonresidential structure shall
have the lowest floor, including basement, elevated one foot
or more above the BFE, or elevated as required by ASCE 24,
whichever is greater. Mechanical equipment and utilities
shall be waterproofed or elevated least one foot above the
BFE, or as required by ASCE 24, whichever is greater.
b. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
b) If located in an Unnumbered A zone for which a BFE is not
available and cannot be reasonably obtained, the structure
shall be reasonably safe from flooding, but in all cases the
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lowest floor shall be at least two feet above the Highest
Adjacent Grade.
c. Be certified by a registered professional engineer or
architect that the design and methods of construction are in
accordance with accepted standards of practice for meeting
the provisions of this subsection based on their development
and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the official as
set forth in BIMC 15.16.040.D.3.b;
c) If located in a V, V1-30, or VE zone, the structure shall meet
the requirements in BIMC 15.16.050.
d. Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space below
the lowest floor as described in subsection F.1 of this section;
d) Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or
exceed the following minimum criteria:
i. Have a minimum of two openings with a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding.
ii. The bottom of all openings shall be no higher than one
foot above grade.
iii. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwater.
iv. A garage attached to a residential structure, constructed
with the garage floor slab below the BFE, must be
designed to allow for the automatic entry and exit of
floodwaters.
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v. Alternatively, a registered engineer or architect may
design and certify engineered openings.
e. Applicants floodproofing nonresidential buildings
shall be notified that flood insurance premiums will be
based on rates that are one foot below the floodproofed
level (e.g., a building floodproofed to one foot above
the base flood level will be rated as at the base flood
level)
2) If the requirements of subsection 1 are not met, then new
construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall meet all of the
following requirements:
a) Be dry flood proofed so that below one foot or more above
the base flood level the structure is watertight with walls
substantially impermeable to the passage of water or dry
flood proofed to the elevation required by ASCE 24,
whichever is greater;
b) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
c) Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance
with accepted standards of practice for meeting provisions of
this subsection based on their development and/or review of
the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in
BIMC 15.16.040;
d) Nonresidential structures that are elevated, not flood proofed,
must meet the same standards for space below the lowest
floor as described in BIMC 15.16.050;
Applicants who are flood proofing nonresidential buildings
shall be notified that flood insurance premiums will be based
on rates that are one foot below the flood proofed level (e.g. a
building flood proofed to the base flood level will be rated as
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one foot below). Flood proofing the building an additional
foot will reduce insurance premiums.
3. Critical Facility. Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the base floodplain.
Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities
constructed within the base floodplain shall have the lowest floor elevated
to three feet or more above the level of the base flood elevation at the site,
or to the height of the 500-year flood, whichever is higher. Access to and
from the critical facility should also be protected to the height utilized
above. Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible.
4. Manufactured Homes. All manufactured homes to be placed or
substantially improved within the floodplain shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home
is one foot or more above the base flood elevation; and be securely
anchored to an adequately anchored foundation system in accordance with
the provisions of subsection A.2 of this section.
5. Recreational Vehicles. All recreational vehicles placed on sites are
required to either:
a. Be on the site for fewer than 180 consecutive days; or
b.Be fully licensed and ready for highway use, on wheels or
jacking system, attached to the site only by quick-disconnect
type utilities and security devices, and have no permanently
attached additions; or
c. Meet the requirements of subsection F.4 of this section and the
elevation and anchoring requirements for manufactured homes.
6. Enclosed Area Below the Lowest Floor. If buildings or manufactured
homes are constructed or substantially improved with fully enclosed areas
below the lowest floor, the areas shall be used solely for parking of
vehicles, building access, or storage.
G. AE and A1-30 Zones with Base Flood Elevations but No Floodways. In areas
with BFEs (when a regulatory floodway has not been designated), no new
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construction, substantial improvements, or other development (including fill) shall
be permitted within zones A1-30 and AE on the community’s FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at any point
within the community.
H. G. Floodways. Located within areas of special flood hazard established in
BIMC 15.16.030.B are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters which carry debris,
potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements and other development unless certification by a registered
professional engineer is provided demonstrating through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachments would not result in any increase
in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within
designated floodways, except for:
a. Repairs, reconstruction or improvements to a structure which
do not increase the ground floor area; and
b.Repairs, reconstruction or improvements to a structure, the cost
of which does not exceed 50 percent of the market value of the
structure as determined:
i. Before the repair or reconstruction is started; or
ii. Before damage occurred if the structure is being
restored;
c. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions, or structures identified as historic
places, may be excluded in the 50 percent limitation of
subsection G.2.b of this section.
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3. If subsection G.1 of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of this section.
I. H. Wetlands Management. To the maximum extent possible, avoid the short and
long term adverse impacts associated with the destruction or modification of
wetlands, especially those activities which limit or disrupt the ability of the
wetland to alleviate flooding impacts. The following process should be
implemented:
1. Review proposals for development within base floodplains for their
possible impacts on wetlands located within the floodplain;
2. Ensure that development activities in or around wetlands do not negatively
affect public safety, health, and welfare by disrupting the wetlands’ ability
to reduce flood and storm drainage;
3. Request technical assistance from the Department of Ecology in
identifying wetland areas. Existing wetland map information from the
National Wetlands Inventory (NWI) can be used in conjunction with the
community’s FIRM to prepare an overlay zone indicating critical wetland
areas deserving special attention.
J. I. Habitat Impact Assessment. Unless allowed under subsection K of this section,
a permit application to develop in the regulatory floodplain shall include an
assessment of the impact of the project on federal, state or locally protected
species and habitat, water quality and aquatic and riparian habitat. The assessment
shall be performed by a qualified professional as defined by Chapter 16.20 BIMC.
The assessment shall be:
1. A biological evaluation or biological assessment developed
per 50 CFR 402.12 to initiate federal interagency consultation under
Endangered Species Act Section 7(a)(2); or
2. Documentation that the activity fits within Section 4(d) of the Endangered
Species Act; or
3. Documentation that the activity fits within a habitat conservation plan
approved pursuant to Section 10 of the Endangered Species Act, where
any such assessment has been prepared or is otherwise made available; or
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4. An assessment prepared in accordance with Floodplain Habitat
Assessment and Mitigation Draft Regional Guidance, 2011, FEMA
Region 10. The assessment shall determine if the project would adversely
affect:
a. Species that are federal, state, or local listed as threatened or
endangered,
b. The primary constituent elements for critical habitat, when
designated,
c. Essential fish habitat designated by the National Marine
Fisheries Service (NMFS),
d. Fish and wildlife habitat conservation areas,
e. Other protected areas and elements necessary for species
conservation.
K. J. Habitat Mitigation Plan.
1. If the assessment conducted under subsection I of this section concludes
the project is expected to have an adverse effect on water quality and/or
aquatic or riparian habitat or habitat functions, the applicant shall provide
a plan to mitigate those impacts, in accordance with Floodplain Habitat
Assessment and Mitigation Draft Regional Guidance, 2011, FEMA
Region 10.
a. If the USFWS or NMFS issues an incidental take permit under
Section 10 of the Endangered Species Act, or biological
opinion under this section, the permit can be considered to
qualify as a plan to mitigate those impacts.
b. If the project is located outside the protected area, the
mitigation plan shall include such avoidance, minimization,
restoration, or compensation measures so that indirect adverse
effects of development in the floodplain (effects to
stormwater, riparian vegetation, bank stability, channel
migration, hyporheic zones, wetlands, large woody debris,
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etc.) are mitigated such that equivalent or better habitat
protection is provided.
c. No new stream crossings are allowed outside the protected
area unless approval has been obtained as stated in subsection
J.1.a of this section.
d. If the project is located in the protected area, the mitigation
plan shall stipulate avoidance measures as are needed to
ensure that there is no adverse effect during any phase of the
project.
2. The plan’s habitat mitigation activities shall be incorporated into the
proposed project. The floodplain development permit shall be based on the
redesigned project and its mitigation components.
3. As required in BIMC 15.16.040, the building official shall not issue a
certification of use or a certificate of occupancy until all work identified in
the habitat assessment and mitigation plan has been completed or the
applicant has provided the necessary assurance that unfinished portions of
the project will be completed, in accordance with BIMC 15.16.030.E.
L. K. The following activities do not require the habitat impact assessment required
under subsection I of this section; provided, that all other requirements are met,
including federal, state, and local requirements:
1. Repair or remodel of an existing structure, if the repair or remodel is not a
substantial improvement or a repair of substantial damage.
2. Expansion of an existing structure that is not greater than 10 percent
beyond its existing footprint; provided, that the repair or remodel is not a
substantial improvement or a repair of substantial damage. This
measurement is counted cumulatively from September 22, 2011.
3. Activities with the sole purpose of creating, restoring, or enhancing natural
functions associated with floodplains, streams, lakes, estuaries, marine
areas, habitat, and riparian areas, provided the activities do not include
structures, grading, fill, or impervious surfaces.
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4. Development of open space and recreational facilities, such as parks and
trails, that do not include structures, fill, impervious surfaces or removal of
more than five percent of the native vegetation on that portion of the
property in the regulatory floodplain.
5. Repair to on-site septic systems provided the ground disturbance is the
minimal necessary.
6. Alterations in response to emergencies which threaten the public health,
safety and welfare or which pose an imminent risk of damage to private
property consistent with the requirements of BIMC 16.12.060.B.
7. Routine maintenance of landscaping that does not involve grading,
excavation, or filling.
8. Removal of noxious weeds and replacement of nonnative vegetation with
native vegetation, provided no earth movement occurs.
9. Removal of hazard trees consistent with the requirements of
BIMC 18.15.010, Chapter 16.18 BIMC, and BIMC 16.12.030.
10. Normal maintenance of structures, such as reroofing and replacing siding,
provided such work does not qualify as a substantial improvement.
11. Normal maintenance of above-ground utilities and facilities, such as
replacing downed power lines and utility poles.
12. Normal street and road maintenance, including filling potholes, repaving,
and installing signs and traffic signals, but not including expansion of
paved areas.
13. Normal maintenance of a levee or other flood control facility prescribed in
the operations and maintenance plan for the levee or flood control facility
are allowed in the regulatory floodplain without need for a floodplain
development permit. Normal maintenance does not include repair from
flood damage, expansion of the prism, expansion of the face or toe or
addition for protection on the face or toe with rock armor.
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14. Normal maintenance, operation or repair of publicly improved recreation
areas as long as any such activity does not include expansion of uses
and/or facilities into a previously unimproved portion of the regulatory
floodplain and is consistent with the standards of Chapter 16.20 BIMC,
Critical Areas, best available science or adaptive management plans as
recognized by the city.
15. Site investigative work and studies necessary for preparing land use
applications.
M. L. Coastal High Hazard Areas. Located within areas of special flood hazard
established in BIMC 15.16.030.B are coastal high hazard areas, designated as
Zones V1-30, VE and/or V. These areas have special flood hazards associated
with high velocity waters from surges, and therefore, in addition to meeting all
provisions in this code, the following provisions shall also apply:
1. All new construction and substantial improvements in Zones V1-30 and
VE (and V if base flood elevation data is available) on the community’s
FIRM shall be elevated on pilings and columns so that:
a. The bottom of the lowest horizontal structural member of the
lowest floor (excluding the pilings or columns) is elevated one
foot or more above the base flood level; and
b. The pile or column foundation and structure attached thereto
is anchored to resist flotation, collapse, and lateral movement
due to the effects of wind and water loads acting
simultaneously on all building components. Wind and water
loading values shall each have a one percent chance of being
equaled or exceeded in any given year (100-year mean
recurrence interval).
A registered professional engineer or architect shall develop or review the structural
design, specifications, and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted standards of practice
for meeting the provisions of subsections L.1.a and b of this section.
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2. A registered professional surveyor shall obtain and certify the elevation (in
relation to mean sea level) of the bottom of the lowest structural member
of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures in Zones V1-30, VE, and V on the
community’s FIRM and whether or not such structures contain a
basement. The local administrator shall maintain a record of all such
information.
3. All new construction within Zones V1-30, VE, and V on the community’s
FIRM shall be located landward of the reach of mean high tide.
4. All new construction and substantial improvements within Zones V1-30,
VE, and V on the community’s FIRM shall have the space below the
lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, open wood lattice-work, or insect screening intended to
collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of the
building or supporting foundation system. For the purposes of this section,
a breakaway wall shall have a design safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance of 20 pounds per
square foot (either by design or when so required by local or state codes)
may be permitted only if a registered professional engineer or architect
certifies that the design proposed meets the following conditions:
a. Breakaway wall collapse shall result from water load less than
that which would occur during the base flood; and
b. The elevated portion of the building and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of
wind and water loads acting simultaneously on all building
components (structural and nonstructural). Maximum wind
and water loading values to be used in this determination shall
each have a one percent chance of being equaled or exceeded
in any given year (100-year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be useable solely for parking of
vehicles, building access, or storage. Such space shall not be used for human habitation.
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5. Use of fill for structural support of buildings within Zones V1-30, VE, and
V on the community’s FIRM is prohibited.
6. Person-made alteration of sand dunes within Zones V1-30, VE, and V on
the community’s FIRM which would increase potential flood damage is
prohibited.
7. All manufactured homes to be placed or substantially improved within
Zones V1-30, V, and VE on the community’s FIRM on sites:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or
subdivision; or
d. In an existing manufactured home park or subdivision on
which a manufactured home has incurred “substantial
damage” as the result of a flood;
shall meet the standards of subsections L.1 through 6 of this section, and manufactured
homes placed or substantially improved on other sites in an existing manufactured home
park or subdivision within Zones V1-30, V, and VE on the community’s FIRM shall
meet the requirements of subsection F.4 of this section.
8. Recreational vehicles placed on sites within Zones V1-30, V, and VE on
the community’s FIRM shall either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use, on its wheels or
jacking system, attached to the site only by quick disconnect
type utilities and security devices, and have no permanently
attached additions; or
c. Meet the requirements of subsections F.5 and L.1 through 6 of
this section.
Section 8. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared
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unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
Section 9. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED by the City Council this 22nd day of July 2025.
APPROVED by the Mayor this 22nd day of July 2025.
______________________________
Ashley Mathews, Mayor
July 22, 2025
July 25, 2025
ATTEST/AUTHENTICATE:
____________________________
Christine Brown, MMC, City Clerk
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE: July 31, 2025