ORD 96-38 SHORELINE MASTER PROGRAM EFFECTIVE DATEORDINANCE NO. 96- 38
AN ORDINANCE of the City of Bainbridge Island, Washington,
adopting and establishing the effective date of a new shoreline
master program for the City; amending Chapter 16.12 of the
Bainbridge Island Municipal Code; adding a new section 16.20,230
to the Bainbridge Island Municipal Code; repealing Paragraph 3 of
Exhibit A to Ordinance No. 90-17; and repealing Ordinance No.
95-25.
WHEREAS, by Ordinance No. 95-25, passed on August 17, 1995, the City Council
approved a new Shoreline Master Program, subject to review and approval by the Department
of Ecology in accordance with state law and regulations; and
WHEREAS, the Department of Ecology has reviewed and commented on the new
Shoreline Master Program, the City has agreed to make the changes required by the Department,
and the City anticipates the Department to approve the Progrmn by letter in the near future; and
WHEREAS, the City Council has determined that it is in the best interests of the public
to adopt the Shoreline Master Program attached to this ordinance as Exhibit A as the new
Shoreline Master Program for the City; and
WHEREAS, the City Council desires to clarify that the provisions of the Shoreline
Master Program prevail over inconsistent provisions of the Environmentally Sensitive Areas
Ordinance; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
Section 1. Adoption of Shoreline Master Program. The Shoreline Master Program
attached to this ordinance as Exhibit A and incorporated herein by this reference is adopted as
the Shoreline Master Program/br the City.
Section 2. Codification of Shoreline Master Progrmn. Chapter 16.12 of the Bainbridge
island Municipal Code is amended and replaced in its entirety with the provisions set forth in
the Shoreline Master Program attached as Exhibit A to this ordinance.
Section 3. Applicability of Shoreline Master Program to Applications. The Shoreline
Master Progrmn adopted by this ordinance and Chapter 16.12 of the Bainbridge Island Municipal
Code as amended by this ordinance shall apply to applications received by the City on and after
the effective date of this ordinance and to applications received by the City before the effective
date of this ordinance where the applicant elects in writing to be subject to the Program and
amendment adopted by this ordinance.
DOCS\94700\107\0119998.01 09/12/96 1 -
Section 4. Pursuant to state law, the Shoreline Master Program adopted by this
ordinance becomes effective on the date of a letter to the City from the Department of Ecology
approving the Program. After the City receives such a letter from the Department of Ecology,
the City Clerk shall publish in the City's official newspaper a notice of the date on which the
Shoreline Master Program and the amendment to Chapter 16.12 of the Municipal Code became
effective.
Section 5. Conflict with ESA Ordinance. A new section 16.20.230 is added to Chapter
16.20 of the Bainbridge Island Municipal Code as follows:
In case of conflict between the provisions of this chapter and the provisions of the
Shoreline Master Progrmn (Chapter 16.12 of this code), the provisions of the
Shoreline Master Program (Chapter 16.12 of this code) shall prevail.
Section 6. Repealer. Ordinance No. 95-25 and Paragraph 3 of Exhibit A to Ordinance
No. 90-17 are repealed.
Section 7. Effective Date. This ordinance shall take effect and be in force five days
from and after its passage, approval, and publication as required by law, or upon the date of a
letter to the City from the Department of Ecology approving the Shoreline Master Program
adopted by this ordinance, whichever occurs last in time.
PASSED by the City Council this 19tl~lay of September, 1996.
APPROVED by the Mayor this 20th day of September, 1996.
Mayor Janet K. West
ATTEST/AUTHENTICATE:
City Clerk
DOCS\94700\107\0119998.01 09/12/96 - 2 -
APPROVED AS TO FORM:
Cit~ Atiorne/f?C~2~y'7,'''~5
FILED WITH THE CITY CLERK: September 12, 1996
PASSED BY THE CITY COUNCIL: September 19, 1996
PUBLISHED: September 25, 1996
EFFECTIVE DATE: Septcrnbcr 30,
ORDINANCE NO.: 96-38
DOCS\94700\107\0119998.01 09/12/96 - 3 -
CITY OF BAINBRIDGE ISLAND
GRANT No. G9200008
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T~ris Shoreline Management Master .program was funded in part through a eoopecativo -
agreement with the National Oceanic Atmospheric Administration. - ;
Thc views expressed heteirt are those of the City of Bainbridge island and do not necessarily `~ _
reflect the view of NOAA'or any of its sub-agencies.
November 26,1996
Corrected January 1998
City of Bainbridge Island Shoreline Master Program
~~
The Bainbridge Island Shoreline Master Program was prepared under the guidance of a citizens
Shoreline Work Group who met regularly with the Ciry and the project consultant team dig Master
Program development. The City would like to thank Rob
Planner, Theresa Rice, Bainbridge Island Pro'ect G~O°d' Bainbridge Island Shoreline
1 Assistant; Joan Nelson, Assistant Planning Director,
the members of the Shoreline Work Group and all other
completion of this project. Original art was prepared by S~e Kennel, whorretains al~coan~ in~the
that work Front cover by John Owen. PYn~ts to
Shoreline Work Group .
M1ke Bonoff Bill Kreger, Cd-Chair
Richard Burke Marcia Lagerloef
Bob Campbell
Lucile Parker
Jim Evans Charles Schmid
Leigh Kennel Frank vbrans, Co-Chair
r
Questions regarding this Master Program should be directed to:
City of Bainbridge Island
911 Hildebrand Lane, Ste 101
Bainbridge Island, WA 98110
(206) 842-2552
r
L
t
t_.
Corrected January 1998 ~ i
Shoreline Master Program
Table of Contents
TABLE OF FIGURES 3
INTRODUCTION 1
PURPOSE OF THESHOREL]NEMANAGEMENTACT 1
SHORELINE MANAGEMENT ACT ADMINISTRATION 2
SCOPE OF SHORELINE MANAGEMENT ACT 2
LOCAL SHORELINE MASTER PROGRAMS 4
PUBLIC PARTICIPATION 4
BAINBRIDGEISLAND'SSHORELINES 5
SECTION I GOALS 11
A. MASTER GOAL 11
B. SHORELINE USE ELEMENT 11
C. ECONOMIC DEVELOPMENT ELEMENT 12
D. ROADWAYS, T1tAIIS AND WATERWAYS ELEMEIV'T 12
E. CONSERVATIONELEMENT r 12
F. PUBLIC ACCESS ELEMENT 13
G. HISTORIdCULTURAIIEDUCATIONELEMENT 13
H. RECREATION ELEMENT 13
I. HARB OR USE AND SAFETY ELEMENT 14
J. CO~iPREHENSIVELONGRANGEPLANNIl~TGELEb1ENT 14
SECTION II DEFINITIONS 15
SECTION III GENERAL POLICIES AND REGULATIONS 30
A. ARCHAEOLOGICAL ANDHISTORICRESOURCES 30
B. CLEARIIti G AND GRADING 32
C. ENVIRONMENTALIMPACTS 33
D. ENVIlZONI~IENTALLYSENSITIVEAREAS 34
E. NATIVE VEGETATIONZONE 36
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected 1/93)
F. PARKING
G. PUBLIC ACCESS -VISUAL AND PHYSICAL 37
H. SHORELINES OFSTATE-WIDE SIGNIFICANCE 38
I. SIGNS 41
42
J. UTILTTIES(ACCESSORY) 43
K WATER QUALTTY 44
SECTION IV ENVIRONMENT DESIGNATIONS
46
A. GENERAL
B. URBAN ENVIRONMENT 46
C. SEMI RURAL ENVIRONMENT 47
D. RURAI. ENVIIZONMENT 48
E. CONSERVANCY ENVIRONMENT 49
F. NATURAL ENVIRONMENT 50
G. AQuATICENVIItONMENT 51
H. AQUATIC CONSERVANCY ENVII20NMENT 52
I. MASTER PROGRAM SUMMARY MATRICES 53
56
SECTION V SPECIFIC SHORELINE USE POLICIES AND REGULATIONS
66
A. INTRODUCTION
B. AGRICULTURE 66
C. AQUACULTURE 66
D. BOATINGFACILITIES 66
E. COMMERCIALDEVELOPMENT 71
F. FLOOD HAZARD AND STORMWATER MANAGEItiiENT 77
G. FOREST PRACTICES 79
H. INDUSTRY 80
I. MINING 82
J. RECREATIONALDEVELOPMENT 84
K. RESIDENTIAL DEVELOPMENT 84
L. TI2ANSPORTATIONFACILITIES 87
M. UTII,TTIES(PRIMARYAND ACCESSORY) (ALSO SEESECTIONIII
)
J 90
,
. 92
SECTION VI SHORELINE MODIFICATION POLICIES AND REGULATIONS 95
A. GENERAL SHORELINE MODIFICATIONPROVISIONS 95
B. BEACH ENHANCEMENT 97
C. SEIORELINEA,RMORiNG(REVETMENTS AND BULKHEADS) 98
D. DREDGING ANDDREDGE MATERIAL DISPOSAL 101
E. LANDFILL 104
F. PIERS, DOCKS, RECREATIONAL FLOATS, AND MOORINGBUOYS 106
City of Bainbndge island Shoreline Master Program
November 26, 1996 (Corcrcted 1/98)
2
SECTION VII ADMINISTRATION 111
A. GENERAL
111
B. DIRECTOR 111
C. HEARINGF.xATVrrn>~:R 112
D. CITY COUNCIL 113
E. PERMIT OREXEMPTIONREQUIItEDBEFORE UNDERTAKINGDEVELOPMENT ORACTIVITY 113
F. FEES 114
G. PERMIT APPLICATION 114
H. S'IiORELINESUBSTANTIALDEVELOPMENTPERMITPROCESS 115
I. APPEALS 116
J. SHORELINE VARIANCE AND SHORELINE CONDTTIONALUSE PERMITS 120
K NONCONFORMINGDEVELOPMENT ~ 124
L. MASTER PROGRAMREVIEW 124
M. AMENDMENTS TO MASTER PROGRAM 124
N. SEVERABILTTY 125
O. INSPECTIONS 125
INDEX ~ 126
Table of Figures
FIGURE 1-1 SHORELINE JURISDICTION 3
FIGURE 1-2 MAP OF BAINBRIDGE ISLAND 6
TABLE 1-1. USER'S GUIDE TO BAINBRIDGE ISLAND'S SMP g
TABLE 4-1. SHORELINE USE AND MODIFICATION ACTIVI'T'Y MATRIX __ 57
TABLE 4-2. USE-RELATED DEVELOPMENT STANDARDS MATRIX 62
FIGURE 7-1 SHORELINE VARIANCE/CONDITIONAL USE PERMIT 119
FIGURE 7-2 SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND MINOR VARIANCES 123
Cdy o Bambndge Island Shoreline Master Program
November 26, 1996 (Corrected 1/98)
3
Introduction
This Shoreline Master Program (SMP) establishes policies and regulations for the shorelines of
Bainbridge Island.
The regulations in~the Shoreline Master Program state specific legal requirements which future
development along the Bainbridge Island shoreline must follow.
The policies in the Shoreline Master Program state the underlying objectives the regulations aze
intended to accomplish. The policies should, accordingly, guide the interpretation and
enforcement of the Shoreline Master Program's regulations. The policies are not regulations in
themselves and, therefore, do not impose requirements beyond those set forth in the regulations.
The Shoreline Master Program is intended to implement the Shoreline Management Act by
planning for and guiding the orderly development of the shoreline, protecting shoreline resources
and helping to assure public access to the shoreline. The SMP helps both property owners and
City and State staff in the permitting process. It also educates the community in the use and
protection of its shorelines.
This introduction describes why and how the Shoreline Master Program was written and provides
a user's guide (Table 1-1) to direct the reader to sections of specific interest.
Purpose of the Shoreline Management Act
In 1969 the Washington State Supreme Court decided in the case of Wilbour vs. Gallagher (77
Wn 2d 302), commonly known as the Lake Chelan Case, that certain activities along shorelines
were contrary to the public interest. The court findings required that the public interest be
represented in the proper forum for determining the use of shoreline properties. The ramifications
of these decisions were significant in that developers, environmentalists, and other interested
parties began to recognize, though probably for different reasons, the need for a Comprehensive
Planning and regulatory program for shorelines.
In June 1971, the State Legislature approved just such a regulatory program when it adopted the
Shoreline Management Act of 1971 (SMA or Act). The Act carried with it provisions for a vote
by the people and in November 1972 the issue was put to Washington voters, ~vho ratified the
legislature's Shoreline Management Act by an approximate 2 to 1 margin. The Act's paramount
objectives are to protect and restore the valuable natural resources that shorelines represent, and
to plan for and foster all "reasonable and appropriate uses" that are dependent upon a waterfront
location or which offer the opportunities for the public to enjoy the State's shorelines. With this
City o Bainbridge Island Shoreline Ivtaster Program
Novembu 26, 1996 (Corrected 1/98)
clear mandate, the Shoreline Management Act established a planning and regulatory program,
initiated at the local level under State guidance.
Shoreline Management Act Administration
Administration of the Shoreline Management Act is a cooperative effort balancing local and state-
wide interests in the management and development of shoreline azeas by requiring local
governments to plan (via Shoreline Master Programs) and regulate (via permits) shoreline
development. Local government actions are monitored by the Washington State Department of
Ecology (Ecology), which approves new or amended Shoreline Master Programs, reviews
substantial development permits, and approves Conditional Use permits and Variances. The
master program is essentially ~a shoreline Comprehensive Plan with a distinct environmental
orientation applicable to shoreline areas and customized to local circumstances. Collectively, the
local master programs comprise the State Shoreline Master Program. Under the law, each city
and county in Washington state is responsible for the following:
1. Administration of a shoreline permit system for proposed substantial development within two
hundred (200) feet of the ordinary high water mark (OHWM) of designated water bodies.
2. Development of an inventory of natural characteristics and land use patterns along those
designated water bodies.
3. Prepazation of a Shoreline Master Program to manage the uses and activities on local
shorelines.
Scope of Shoreline Management Act
The Shoreline Management Act covers all shorelines of the state, including shorelines and
"shorelines of state-wide significance." Figure 1-1 illustrates shoreline jurisdiction on coastal
shorelines.
City o Bainbndoe Island Shoreline Master Program
November 26, 1996 (Corrected 1/93)
2
Coastal Shorelines
S" o`° ail1111l11(Illl(II(lifllfllli(IilllllIIIlgill(II(IIIIIIIIIIIIIIIII(Ilil~~ ~Illp(II((Ilillli(~
NRLSDICTTOCt
zoo• rrom of-IwF.i « nooa~.y ,nd
.ill mars.~a, bogs, u+dmm7s in
100 yr. nooCplvn
~t"'«~"" ~~IIIf(1111111(IIIUIIiI(IIIIIIIIIIIiIII(IIII(III!(IIIIIII(I((il((111~glllll(II(IIIIIIii(Illlllilll((fll
SHORECW£
NRCS~ICiION . ~ i .
. 2(YJ' from OFSwM ud t00 yr. (loodpl.in ~ r
_ " ..Rivet Shorelines ,
Figure 1-1 Shoreline Jurisdiction
Provisions of the Act apply to the following, geographical, shoreline areas:
1. All marine waters of the state, together with the lands underlying them;
2. Streams and rivers with a mean annual flow of 20 cubic feet per second (c'fs) or more;
3. Lakes and reservoirs larger than 20 acres in area;
4. Wetlands (a specific Shoreline Management Act term which includes related upland,
shoreland, and wetland areas) associated with all of the above; and
5. Shorelines of state-wide significance as defined in RCW 90.58.030 or its successor:
This includes those areas of Puget Sound lying seaward from the line of extreme low
tide.
City of F3ainhridga Island Shorohne Mastu Progcxcn
Novcmhcr 26, 1996 (Corrcctcd U93)
Juridiction_, '
((((m(lli(I(IIIIIlIIlpi~l(Iil((III(II(I((Ilgfill(IIIIIIIIIIIIIIlI(i((((IIII(1lIII(II(I((II(IIII(I((Illilllll(IIIIIQ(10
Osdinuy Hith
w.~ -.c,.t wui.~a M too yr.
' rnurw.ss n.,..,t„1~7e
Local Shoreline Master Programs
The Shoreline Management Act sets up a process for managing development of the State's
shorelines through state monitored, locally administered, permitting programs. Local
governments are required to prepare a detailed shoreline inventory and a Shoreline Master
Program to protect shoreline resources, manage shoreline development, and assure continued
public use of waters of the State. Based upon the inventory of local shorelines, a system for
categorizing various segments is established through application of shoreline environment
designations. The Act specifies that master programs include policy statements (i.e., the required
elements) that take into account economic development, public access, circulation and
transportation, recreation, shoreline use, conservation, and historical and cultural aspects of the
shoreline area [RCW 90.58.100 (2) or its successor]. From these policy statements, regulations
are developed which establish appropriate permitted uses within each shoreline environment.
Prior to annexation in March 1991, Bainbridge Island's shorelines were managed under the Kitsap
County Shoreline Master Program and the City of Winslow Shoreline Master Program.
Following annexation, the City was responsible for developing a new Master Program to manage
the island's shoreline resources.
The goals and policies in the Shoreline Master Program aze considered an element of the City's
Comprehensive Plan. All other portions of the SMP, including the use regulations, aze considered
a part of the City's development regulations.
The Shoreline Master Program regulations are to be used as an overlay to other City policies and
regulations for properties within shoreline jurisdiction. Therefore, when looking:for direction for
a proposal within shoreline jurisdiction, we would look to all relevant sections of the City's
Comprehensive Plan including the policies in the Shoreline Master Program. Since the policies in
the Shoreline Master Program are more specific, especially in how they relate to the shoreline,
they would provide more guidance than the general policies. When reviewing a specific
development application within shoreline jurisdiction we would first consider the requirements of
the underlying zoning district and then the special requirements of the shoreline designation. In all
cases, the more restrictive regulations would apply.
Public Participation
Public participation activities during the development of the Shoreline Master Program included
bi-monthly Shoreline Work Group meetings (open to the public); public meetings which were held
on September 24, 1991 and April 13, 1993; and four special topic meetings. Meetings were
announced in letters, flyers, and in the newspapers. In addition, t~.vo issues of City News with
articles about the Shoreline Work Group's progress and process were sent to all Bainbridge Island
residents. More than 200 residents attended the two public comment meetings, and more than
City o Bainbndga Island Shorrlina htasmr Program
Novcmbar 26, 1996 (Concocted I/93)
1001etters have been received. About 45 citizen volunteers participated in the shoreline survey
conducted by Scott Kathey which took place over the low tide weekend of May 16 and 17, 1992.
The volunteers each surveyed about a mile of shoreline, noting bulkheads and other manmade
structures, vegetation, geology, and wildlife. The draft Shoreline Master Program was presented
to the Planning Commission by the Shoreline Work Group on June 24, 1993. The Planning
Commission held a public hearing on the draft Shoreline Master Program on September 9, 1993.
A Determination of Nonsignificance on the Shoreline Management Master Program was issued on
December 9, 1993. The Planning Commission allowed comments from the public during the
meetings in which the draft was reviewed. Comments from State agencies were also considered.
The Planning Commission completed its substantive review on September 8, 1994.
Bainbridge Island's Shorelines
Bainbridge Island has 45 miles of waterfront. (See Figure 1-2 Map of Bainbridge Island.) It has
seven hazbors or bays, each having a long and interesting history and a wide variety of uses.
Eagle Harbor has the most activity, including a feny landing, shipyard repair, a boatyard,
numerous marinas and restaurants, a waterfront park, a Superfund site, condominiums, detached
homes, and live-aboards. Most of the waterfront on Bainbridge shorelines has been developed as
single family residences, from small summer cabins to large mansions. Their locations range from
below ordinary high water to cliffs nearly 200 feet above the water. At the north end of the island
is a large sandspit called Point Monroe, while at the south end is Restoration Point, composed of
raised bedrock located on the Seattle fault.
Bainbridge Island's shorelines exhibit many uses and geologic characteristics. The shoreline is
home for about a quarter of the island residents, as well as numerous species offish and wildlife.
Bald eagles, herons, seals, otters, and numerous waterfowl depend on the shoreline. There are
also salmon streams and bays necessary for fish, shellfish, clams, and vegetation to survive. At
the south end of the island is an aquaculture farm for salmon. In short, Bainbridge Island
shorelines support a wide variety of life.
Located on the eastern border of Kitsap County, Bainbridge Island is connected to the rest of
Kitsap County by one bridge, and to Seattle (King County) by a 35-minute ferry ride. Because of
its proximity to Seattle, the island has close cultural and economic ties to Seattle.
Over 18,000 people currently live on Bainbridge Island. The population increased from.15,846 in
1990 to 18,580 in 1996 - approximately a 17% increase. The Island gro~~s by approximately 300-
500 people each year. This increased growth, reflected in higher waterfront land values and taxes,
along with a growing concern for the environment, motivated citizen participation in the
development of the Shoreline Master Program for Bainbridge Island. This process, in turn, has
helped citizens to once again realize that an island is a unique habitat in terms of both its
environment and the community that lives within it. The constraints of such a situation lead to the
City o Bainbndga Island Shoreline htastec Program
Novzmb~r 26, 1996 (Corractcd 1198)
delicate balance between imposing regulatory powers for the benefit of all -especially neighbors -
and the rights of the individual property holder. Fortunately, the Shoreline Management Act and
the public trust doctrine provide the guidance to create a program which recognizes both these
values. -
AGATE POIM
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Figure 1-2 Map of Bail bridge Island
City o 13ainhridg,; (,land Shoreline Master Progcam
fvovembar 26, 1996 (Corrected I/98)
In 1991, the City of Winslow, consisting of 3,000 residents within an area of 1.5 square miles,
annexed the rest of the unincorporated island. This brought the combined population to 17,000
inhabitants within an area of 31.5 square miles and created the City of Bainbridge Island. This
master program is written for this new city pursuant to the Shoreline Management Act. It is
designed to be an integral part of the Comprehensive Plan adopted pursuant to the Growth
Management Act.
The following table describes components of each section of the master program.
City o Bainbridge Island Shoreline Dtaster Program
November 26, 1996 (Corrected 1/98)
7
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Section 1 GOALS
A. Master Goal
The City's shorelines are among the most valuable, scarce, and fragile of our natural resources
that provide a significant part of our way of life as a place of residence, recreational enjoyment,
and occupation. It is the intent of this program to manage the shorelines of Bainbridge Island,
giving preference to water-dependent and water-related uses, and to encourage development and
other activities to co-exist in harmony with the natural conditions. Uses that result in long-term
over short-term benefits are preferred, as aze uses which promote sustainable development.
B. Shoreline Use Element
Establish and implement policies and regulations for land use consistent with the Shoreline
Management Act of 1971, as amended. These policies and regulations should ensure that
the design and land use of shoreline areas are compatible with shoreline environment
designations and will be sensitive to and not degrade ecological systems and other
shoreline resources.
2. Identify and preserve shoreline and water areas with unique attributes for specific
long-term uses, including commercial, industrial, residential, recreational, and open space
uses.
3. Designated Shorelines of State-wide Significance aze of value to the entire state and
should be protected and managed. In order of preference, the priorities are to:
a. Recognize and protect the state-wide interest over local azea or individual interest.
b. Preserve the natural character of the shoreline.
c. Produce long-term benefits over short-term benefits.
d. Protect the resources and ecology of shorelines.
e. Increase public access to publicly-owned azeas of the shorelines.
f. Increase public recreational opportunities on the shoreline.
4. Ensure that proposed shoreline uses are distributed, located, and developed in a manner
that will maintain or improve the health, safety, and welfare of the public.
5. Ensure that proposed activities and facilities located on the shorelines retain or improve
the quality of the environment as it is designated for that area.
6. Ensure that proposed shoreline uses give consideration to the rights of private property
ownership and the rights of others.
7. Encourage innovative shoreline uses consistent with this program.
8. Encourage joint-use activities in proposed shoreline developments.
9. Encourage restoration of shoreline areas that have been degraded or diminished in
ecological value and function.
10. Ensure that planning, zoning and other regulatory and nonregulatory programs
governing lands adjacent to the shoreline jurisdiction are consistent with the Shoreline
Master Program.
City of Bainbridge Island Shon:Iina Mastu Program
Novcmbcr 26, 1996 (CorrcctaJ 1/93)
11
G. Economic Development Element
1. Promote sustainable economic development.
2. Ensure healthy, orderly, economic development by allowing those activities which will be
an asset to the economy of Bainbridge Island and which result in the least adverse effect
on the quality of the shoreline and surrounding environment, giving consideration to the
other goals in the Shoreline Master Program.
3. Protect current economic activity (e.g., shipping, marinas, aquaculture, etc.) that is
consistent with the objectives of the Shoreline Master Program, and that provides for
environmentally sensitive new development.
4. Develop, as an economic asset, the recreational industry along shorelines in a manner that
would enhance the public enjoyment of the shorelines.
5. Encourage new economic development to locate in areas already developed with similar
uses which are consistent with the Master Program.
6. Limit new shoreline industrial and commercial development to those that aze classified as
water-dependent, water-related, orwater-enjoyment uses and discourage and/or prohibit
nonwater-oriented uses which aze not accessory to a preferred use.
7. Propose economic use of the shoreline which is consistent with the Bainbridge Island
Comprehensive Plan.
D. Roadways, Trails and Waterways Element
1. Promote transportation modes by giving preference to pedestrian, bicycle and. rapid transit
modes, and by encouraging multiple-use corridors where compatible.
2. Provide safe, reasonable, and adequate routes to shorelines, minimizing the adverse effect
on unique or fragile shoreline features and existing ecological systems, v~hile contributing
to the functional and visual enhancement of the shoreline.
3. Locate roads serving permitted shoreline uses as far from the water as feasible to reduce
interference with either natural shorelines or other appropriate shoreline uses, and to avoid
creating bamers between adjacent uplands and the shoreline.
4. Route transportation corridors to harmonize with the topography and. other natural
characteristics of the shoreline. ,
5. Acquire and develop physical and visual public access where topography, view and natural
features warrant as a result of new transportation development in shoreline areas (e.g.,
turnouts, rest areas).
6. Avoid widening existing roads along the shoreline.
7. Protect, manage, and enhance those characteristics of shoreline roadway corridors that are
unique, and have historic significance and/or great aesthetic quality for the benefit and
enjoyment of the public.
8. Protect and enhance marine and marine-oriented transportation and water-dependent
transportation facilities.
E. Conservation Element
Acknowledge natural shoreline processes and seek alternatives to structures that adversely
affect the shoreline.
City of Eainbridge Island Shoreline Ittaster Program
iv'ovember 26, 1996 (Coctected 1198)
12
2. Develop and implement renewable resource management practices that will ensure a
sustainable yield while preserving, protecting, and restoring unique and non-renewable
shoreline resources or features (including shellfish, eel grass, forested areas, wetlands, and
wildlife habitat).
3. Ensure that natural resource utilization minimizes adverse impacts to the shoreline
environment.
4. To the greatest extent feasible, reclaim and restore areas which are geologically,
biologically and/or aesthetically degraded while maintaining appropriate use of the
shoreline.
F. Public Access Element
1. Provide, protect, and enhance a public access system that is both physical and visual and
which utilizes public and appropriate private lands and increases the amount' and diversity
of public access to the State's shorelines.
2. Integrate shoreline public access into a Bainbridge Island public trail system.
3. Unify individual public access elements into an organized, operational, and informational
system.
G. Historic/Cultural/Education Element
1. Identify, protect, preserve, and restore important archaeological, historical, and cultural
sites located in the shorelands of the State for educational and scientific purposes, and the
enjoyment of the general public.
2. Acquire historic/cultural sites, through purchase or gift, to ensure their protection and
preservation.
3. Encourage educational projects and programs that foster a greater appreciation of the
importance of shoreline management, maritime activities, environmental conservation, and
maritime history. Advocate interpretive features, maritime centers, or educational
programs that alert people to the importance of shoreline management.
H. Recreation Element
1. Ensure optimal recreational opportunities that can reasonably tolerate peak use periods as
well as active, passive, competitive, or contemplative recreational uses without destroying
the integrity and character of the shoreline.
2. Optimize opportunities for both passive and active water-oriented recreation.
3. Integrate shoreline recreational elements into public access and conservation planning.
4. Encourage State and local government to acquire additional shoreline properties for public
recreational uses.
City.of Bainbridge Island Shoreline Ivtaster Program
November 26, 1996 (Conectcd 1/93)
13
I. Harbor Use and Safety Element
1. Ensure the safe and environmentally sound use of Island harbors and bays in a manner that
protects and enhances harbor and shoreline use consistent with the goals of other
elements.
2. Provide, protect, and control public use of harbor and bay waters in a manner that is in the
best interest of the public.
J. Comprehensive Long-Range Planning Element
1. Advocate integration of other city planning and regulatory efforts with shoreline
management activities.
City of Bainbridge Island Shoreline htastec Pcogcam
November 26, 1996 (Coccrcttd I/93)
14
Section 11 DEFINITIONS
Accessory Dwelling Unit -Separate living quarters contained within, or detached from, asingle-
family dwelling on a single lot, containing 800 square feet of floor area or less, excluding any
garage area or accessory buildings, and sharing a single driveway with the primary dwelling;
provided no recreational vehicle shall be an accessory dwelling unit.
Accessory Building or Structure - A subordinate building or structure that is incidental to the
principal building or structure on the same lot. Accessory dwelling units are not considered
accessory buildings or structures.
Accessory Use - A use that is customarily incidental and related to the principal use.
Accretion -The growth of a beach by the addition of material transported by wind and/or water.
Included are such shoreforms as barrier beaches, points, spits, hooks, and tombolos.
Act -The Shoreline Management Act, Chapter 90.58 RCW or its successor [WAC
173-14-030(1) or its successor]. '
Adjacent Lands -Lands adjacent to the shorelines of the state (outside of shoreline jurisdiction).
The Shoreline Management Act directs local governments to develop land use controls (i.e.,
zoning, etc.) for such lands consistent with the policies of the Shoreline Management Act, related
rules, and the local master program. See RCW 90.58.340 or its successor.
Administrator -Director of the Department of Planning and Community Development, or
designee, charged with responsibility for administering the Shoreline Master Program.
Agriculture - See BIIViC Title 18.
Anadromous Fish -Species such as salmon, which aze born in fresh water, spend a large part of
their lives in the sea, and return to fresh water rivers and streams to procreate.
Applicant - An individual, partnership, corporation, association, organization, cooperative, public
or municipal corporation, or agency of the state or local governmental unit, however designated
[RCW 90.58.030(ld) or its successor].
Appurtenance - A structure or development which is necessarily connected to_the use and
enjoyment of asingle-family residence. "Normal appurtenance" means a garage, boat house,
deck, driveway, utilities, fences, and grading which does not exceed two hundred fifty (250) cubic
yards, except to construct a conventional drainfield [WAC 173-4-040(lg) or its successor].
Appurtenances must be landward of the ordinary high water mark (OHWM) and the perimeter of
marshes, bogs, and swamps:
Aquaculture- The cultivation offish, shellfish, and/or other aquatic animals or plants, including
the harvesting and incidental preparation of these products for human use. Activities include the
hatching, cultivating, planting, feeding, raising and harvesting of aquatic plants and animals, and
the maintenance and construction of necessary equipment, buildings, and growing azeas.
Cultivation methods include, but are not limited to, fish pens, shellfish rafts, racks and long lines,
seaweed floats and nets, and the culture of clams and oysters on tidelands and subtidal.areas.
Archaeological -Having to do with the scientific study of material remains of past human life and
activities.
Average Grade Level -The average of the natural or existing topography of the portion of the
lot, parcel, or tract of real property which will be directly under the proposed building or
structure, provided that, in case of structures to be built over water, average grade level shall be
the elevation of ordinary high water. Calculation of the average grade level shall be made by
averaging the elevations at the center of all exterior walls of the proposed building or structure
[WAC 173-14-030(3) or its successor]. Note: This definition of "average grade level" differs
City of Bainbridge Island Shoreline htaster Program
November 26, i996 (Corrected l/93)
15
from the definition in the City of Bainbridge Island Zoning Code (Chapter 18 of the City of
Bainbridge Island Municipal Code). Structures within shoreline jurisdiction shall comply with the
definition contained herein.
Backshore -The accretion or erosion zone, located landward of the line of ordinary high tide,
which is normally wetted only by storm tides. A backshore may take the form of a more or less
narrow storm berm (ridge ofwave-heaped sand and/or gravel) under a b1ull; or it may constitute a
broader complex of berms, marshes, meadows, or dunes landward of the line of ordinary high
water . It is part of the littoral drift process along its seaward boundary.
Backshore marina -See Marina.
Beach -The zone of unconsolidated material that is moved by waves, wind, and tidal currents,
extending landwazd to the coastline:
Beach Enhancement/Restoration -The process of restoring a beach to a state more closely
resembling a natural beach using beach feeding, vegetation, drift sills, and other non-intrusive
means, as applicable.
Beach Feeding -The process of replenishing a beach by delivery of materials dredged or
excavated elsewhere.
Beach Scarp - A steep slope produced by wave erosion.
Benthic Organisms -Organisms that live in or on the bottom of a body of water.
Berm - A linear mound, or series of mounds, of sand and/or gravel generally pazalleling the water
at, or landward of, the line of ordinary high tide. Also, a linear mound used to screen an adjacent
activity, such as a parking. lot, from transmitting excess noise and glare.
Best Available Technology -The most effective method, technique, or product available which
is generally accepted in the field, and which is demonstrated to be reliable, effective, and
(preferably) low maintenance.
Best Management Practice (BMP) - See BIMC Title 18.
BIMC -Bainbridge Island Municipal Code.
Biofiltration System - A stormwater or other drainage treatment system that utilizes as a primary
feature the ability of plant life to screen out and metabolize sediment and pollutants. Typically,
biofiltration systems are designed to include grassy swales, retention ponds, and other vegetative
features.
Biota -The animals and plants that live in a particular location or region.
BMP -See Best Management Practices. ,
Boat House - An upland building used primarily for boat storage. (See Section V, Subsection K,
Residential).
Boat Launch or Ramp -Graded slopes, slabs, pads, planks, or rails used for launching boats by
means of a trailer, hand, or mechanical device.
Boating Facilities -Includes marinas, boat launch facilities, dry storage facilities, marine travel
lifts, and marine railways. (See Section VI, Shoreline Modification Activities for mooring buoys.
For boat houses, see Section V, Subsection K, Residential.)
Bog - A wet, spongy, poorly drained area which is usually rich in very specialized plants, contains
a high percentage of organic remnants and residues, and frequently is associated with a spring,
seepage area, or other subsurface water source. A bog sometimes represents the final stage of the
natural process of eutrophication by which lakes and other bodies of water are very slowly
transformed into land areas.
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected l/98)
16
Breakwater -Offshore structure, usually aligned parallel to shore, sometimes shore-connected,
that provides protection from waves.
Buffer - A parcel or azea of land that is designed and designated to permanently remain vegetated
in an undisturbed and natural condition to protect an adjacent aquatic or wetland area from upland
impacts and to provide habitat for wildlife. The "native vegetation zone" is a buffer protecting the
ecology and resources of Puget Sound. A buffer may be used to protect any sensitive azea.
Building -Any structure having a roof, designated for shelter of persons, animals or property.
Bulkhead - A solid or open pile wall erected generally parallel to and near the ordinary high
water mark for the purpose of protecting adjacent uplands from waves or current action..
Bulkheads may be built of posts and timbers, concrete, large rocks (riprap), or other materials.
The normal purpose of a bulkhead is to protect land from erosion, not to create land. It is
essentially a vertical structure (differentiated from a revetment, which slopes) that absorbs some
of the wave energy.
Channel - An open conduit for water either naturally or artificially created, but not including
artificially created irrigation, return flow, or stockwatering channels. [WAC 173-14-030(8b) or
its successor]. See also Stream.
City -The City of Bainbridge Island.
Clean Water Act -The primary federal law providing water pollution prevention and control.
This was previously known as the Federal Water Pollution Control Act. (See 33 USC 1251 et
seq.)
Clearing - An activity associated with property modification or maintenance. Clearing means the
destruction or removal of vegetative ground cover and/or trees including, but not limited to, root
material removal and/or topsoil material.
Coastline -The line where terrestrial processes give way to marine processes -tidal currents,
wind waves, etc.
Community Structure - A building, dock, or other structure which is intended for the common
use of the residents of a particular subdivision or community. It is not intended to serve as a
public facility.
Community or Joint-use Dock - A structure or structures which are intended for the common
use of the residents of adjoining parcels or subdivision, short subdivision or community located on
adjacent uplands. A community dock is not for the purpose of serving the public. If a community
dock accommodates six (6) or more vessels, it is considered a marina.
Conditional Use - A use or the expansion of a use permitted on shorelines which, because of
certain characteristics, requires a special degree of control to make it consistent with the intent
and provisions of the Act and these regulations, and compatible with other uses permitted on
shorelines
Conditional Use Permit -Local governments are authorized under the Shoreline Management
Act to include provisions for authorizing land uses and developments that maybe permitted by
Conditional Use permits (CUP). The purpose of the Conditional Use permit is to allow greater
flexibility in varying the application of the use regulations of the Master Program.
Construction Limit Line - In Eagle Harbor, defined on U.S. Army, Corps of Engineers
Drawing, File No. E-8-5-6, dated December 22; 1939, approved by the Secretary of War, July 2,
1940. Used in the Master Program for local regulatory purposes.
Council -Legislative body of the City of Bainbridge Island.
Cily of Bainbridge Island Shoreline t\taster Program
November 26, 1996 (Corrected 1/93)
17
Covered Moorage -Boat moorage, with or without walls, that has a roof to protect a vessel or
vessels.
Day - Means a calendar day beginning at midnight and ending on the following midnight. When
counting the number of days for notices required by the Master Program, the day a notice is
mailed, posted, or published is not counted, but the day of any hearing is counted. The day of the
hearing shall be counted as an entire day, even though the hearing takes place before midnight and
an entire twenty-four hour period has not passed. When counting the number of days or years for
other time limits established by this title, the day a decision is made is~not counted in computing
the time limit.
Degrade - To scale down in desirability or salability, to impair in respect to some physical
property, or to reduce in structure or function.
Department -The city's Department of Planning and Community Development.
Development - A use consisting of the construction or exterior alteration of structures; dredging;
drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; pile driving;
placing of obstructions; or any project of a permanent or temporary nature which interferes with
the normal public use of the surface of the waters of the state, subject to Chapter 90.58 RCW or
its successor, at any state of water level [RCW 90.58.030(3 d) or its successor].
Director -The director of the department.
Dock = A floating platform which abuts the shoreline, extending waterward from ordinary high
water, or from the bottom of a ramp extending from a pier, generally used as a landing or
moorage place for commercial and/or pleasure craft.
Dredge Spoil -The material removed by dredging. Same as dredge material.
Dredged Material Disposal -Depositing of dredged materials on land or into water bodies. The
purpose may be to create. additional lands, to dispose of the by-products of dredging, or to
enhance or remedy an environrriental condition.
Dredging - Removal or displacement of earth or sediments such as gravel, sand, mud or silt,
and/or other materials or debris from any stream, river, lake or marine water body, and associated
shorelines and wetlands. Dredging is normally done for specific purposes or uses such as
constructing and maintaining navigation channels, turning basins, harbors and marinas; installing
submarine pipelines or cable crossing; or repairing and maintaining dikes or drainage systems.
Dredging can be accomplished with mechanical or hydraulic machines. Most dredging is done to
maintain channel depths or berths for navigational purposes; other dredging is for shellfish
harvesting or cleanup of polluted sediments.
Drift Sector - A particular reach of marine shore in which littoral drift may occur without
significant interruption, and which contains any and all natural sources of such drift as well as any
shoreforrr><(s) accreted by such drift. Each normal drift sector contains these shore process
elements: feeder bluff or estuary, driftway, littoral drift, and accretion shoreform.
Drift Silts -Small groins which hold sediments in place without blocking longshore drift:
Driftway -That portion of the shore process corridor, primarily that lower backshore and the
upper intertidal area, through which sand and gravel are transported by the littoral drift process.
It is the critical link between the feeder bluff and the accretion shoreform.
Dune - A hill or ridge of sand piled up by the wind and/or wave action.
Ecology ('Washington State Department of Ecology) -Use of "Ecology" or "Washington State
Department of Ecology" is preferred over "DOE" to avoid confusing the Washington State
Department of Ecology with the federal Department of Energy.
City of Bainbridge Island shoreline Master Program
November 26, 1996 (Corrected 1/98)
1S
Emergency - An unanticipated and imminent threat to public health, safety, or the environment
which requires immediate action within a time too short to allow full compliance with the Master
Program. Emergency construction is construed narrowly as that which is necessary to protect
property from the elements [or•its successor 90.58.030(3eiii); WAC 173-14-040(ld) or its
successor].
Enhancement -Alteration of an existing wetland or habitat to improve or increase its
characteristics and processes without degrading other existing functions. Enhancements aze to be
distinguished from wetland/habitat creation or restoration projects.
Envelope -The enclosing shell of a building's volume.
Environmentally Sensitive Areas -Those areas with especially fragile biophysical chazacteristics
and/or with significant environmental resources as identified by the City or by a scientifically-
documented inventory accomplished as part of the SEPA/NEPA process or other recognized
assessment. Environmentally sensitive azeas include, but are not limited to, aquifer recharge
areas; wildlife habitat azeas; fish breeding; rearing or feeding azeas frequently flooded areas;
geologically hazardous azeas (e.g., steep, unstable slopes); wetlands (i.e., marshes, bogs, and
swamps); streams; tidal lagoons; mud flats; salt marshes; and marine vegetation areas.
Erosion -The wearing away of land by the action of natural forces.
Estuary -The zone in which fresh water and saltwater mingle and affect the total land and water
habitat.
Estuarine Zone, Estuary -The zero-gradient sector of a stream where it flows into a standing
body of water; together with associated wetlands. Tidal flows reverse flow in this zone twice
daily, determining its upstream limit. It is chazacterized by low bank channels branching offthe
main streamway to form a broad, neaz-level delta. The bank, bed, and delta materials aze typically
silt and clay. Banks aze stable with vegetation ranging from marsh to forest, and the water is
usually brackish due to daily mixing and layering of fresh and salt water. Estuarine shores are rich
in aquatic and other bird and animal life, and in their natural condition are the most productive of
all shoreline habitats in terms of the marine food chain. -
Egemption -Certain developments are exempt from the definition of substantial developments
and, therefore, aze exempt from the substantial development permit process of the Shoreline
Management Act. An activity that is exempt from the substantial development provisions of the
Shoreline Management Act must still be carried out in compliance with policies and standards of
the Act and the local master program. Conditional use and/or Variance permits may also still be
required even though the activity does not need a substantial development permit. [RCW
90.58.030(3e) or its successor; WAC 173-14-030(6); 040] or its successor.
Extreme Low Tide -The lowest line on the land reached by a receding tide [RCW 90.58.030(2a)
or its successor]. For the purposes of the Shoreline Master Program, it is the contour 4.5 feet
below Mean Lower Low Water (datum plane 0.0): [WAC 332-30-106 (18) or its successor].
Fair Market Value -The expected price at which the development can be sold to a willing buyer.
For developments which involve nonstructural operations such as dredging, drilling, dumping, or
filling, the fair market value is the expected cost of hiring a contractor to perform the operation,
or where no such value can be calculated, the total of labor, equipment use, transportation, and
other costs incurred for the duration of the permitted project. [WAC 173-14-030(7) or its
successor].
Feeder Bluff, Erosional Bluff -Any bluff (or cliff) experiencing periodic erosion from waves,
sliding, or slumping, whose eroded earth, sand, or gravel material is naturally transported (littoral
City of Bainbridge island Shoreline hSaster Program
Plovember 26, 1996 (CoRCCted 1/98)
19
drift) via a driftway to an accretion shoreform. These natural sources of beach material are
limited and vital for the long-term stability of driftways and accretion shoreforms.
Floating Home - A nonvessel structure designed and operated substantially as a permanently
based over-water residence. Floating homes lack adequate self-propulsion and steering
equipment to operate as a vessel. They are typically served by permanent utilities and
semi-permanent anchorage/moorage facilities.
Flood Hazard Management - A program or major project carried out on a single parcel or
coordinated on a series of parcels for the primary purpose of preventing or mitigating damage due
to flooding. Flood hazard management projects or programs may employ physical andlor
regulatory controls.
Floodplain -Synonymous with one hundred-year floodplain, this is that land azea susceptible to
being inundated by stream-derived waters with cone -percent chance of being equaled or exceeded
in any given year. The limits of this azea are based on flood regulation ordinance maps or a
reasonable method that meets the objectives of the Shoreline Management Act [WAC
173-22-030(2) or its successor].
Floodway -Those portions of the azea of a river valley lying streamwazd from the outer limits of
a watercourse, and upon which flood waters are carried during periods of flooding that occur with
reasonable regularity, though not necessarily annually. The floodway is identified, under normal
conditions, by changes in surface soil conditions, or changes in types or quality of vegetative
ground cover conditions. The floodway does not include lands that can reasonably be expected to
be protected from flood waters by flood control devices maintained by or under license from the
Federal_government, the State, or a political subdivision of the State. The limits of the floodway
are based on flood regulation ordinance maps or by a reasonable method which meets the
objectives of the Shoreline Management Act. [RCW 90.58.030(2g) or its successor; WAC
173-22-030(3) or its successor].
Foreshore - In general terms, the beach between mean higher high water and mein lower low
water.
Foreshore Marina -See Marina.
Forest Practice -Any activity. conducted on, or directly related to, forest land and relating to
growing, harvesting, or processing timber. This includes: 1) site preparation and regeneration, 2)
protection from insects, fire, and disease, 3) silvicultural practices such as thinning, fertilization,
and release from competing vegetation, and 4) harvesting. Forest practices do not include log
storage. (See industrial use.) These activities include, but are not limited to, road and trail
construction, final and intermediate harvesting, pre-commercial thinning, reforestation,
fertilization, prevention and suppression of disease and insects, salvage of trees, and brush
control. See WAC 222-16-010(21) or its successor.
Forest Land -All land which is capable of supporting a merchantable stand of timber and is not
being actively used in a waywhich is incompatible with timber growing. [WAC 222-16-010 or its
successor].
Gabions -Structures composed of masses of rocks, rubble, or masonry held tightly together,
usually by wire mesh, to form blocks or walls. Sometimes used on heavy erosion areas to retard
wave action, or as foundations for breakwaters or jetties.
Grading - An activity associated with property modification or maintenance, grading means the
physical manipulation of the earth's surface and/or surface drainage pattern without significantly
adding or removing on-site materials.
i,ny of tiambndgc Island Shoreline b4aslcr Program
Novcmbar 26, 1996 (Corrected I/98)
20
Grassy Swale - A vegetated drainage channel that is designed to remove various. pollutants from
storm water runoff through biofiltration.
Groin -Also referred to as a spur dike or rock weir, this is a barrier-type structure extending
from the backshore or streambank into a water body, generally perpendicular to the shore, for the
purpose of protecting a shoreline and adjacent upland by influencing the movement of water
and/or deposition of materials.
Habitat -The place or type of site where a plant or animal naturally or normally lives and grows.
Height -The distance measured from the average grade level to the highest point of a structure.
Television antennas, chimneys, and similaz structures or appurtenances shall not be used in
calculating height except where they obstruct the view of residences adjoining such shorelines.
Temporary construction equipment is excluded in this calculation [WAC 173-14=030(9) or its
successor]. For all over-water structures, height shall be measured from ordinary high water
mazk.
Hook - A spit or narrow cape of sand or gravel which turns landward at its outer end.
Houseboat - A particular type of vessel licensed and designed for use ~as a mobile structure with
adequate self-propulsion and steering equipment to be operated as a vessel but also characterized
by detachable utilities or facilities for residential use. When principally used as an over-water
residence, it is a "live-aboard vessel."
HPA -Hydraulic Project Approval. The permit issued by the Washington State Department of
Fish and Wildlife pursuant to the State Hydraulic Code Chapter 75.20.100-140 RCW or its
successor.
Hydric Soils -Generally, soils which are, or have had a history of being, wet long enough to
periodically produce anaerobic conditions, thereby influencing the growth of plants [WAC 173-
22-030(5) or its successor].
Hydrophytes -Those plants capable of growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content. [WAC 173-22-030(5) or
its successor].
Industrial Use -Uses intended primarily to provide for ship and boat building, haul out and
repair and related uses serving boating needs.
In-kind - To replace wetlands, biota or other organisms with substitute flora or fauna whose
characteristics closely match those destroyed, displaced, or degraded by an activity.
Intertidal -The substratum from the extreme low water of spring tides to the upper limit of spray
or influence ofocean-driven salts. It includes all land that is sometimes submerged, but
sometimes exposed to air. (Source: M.N.Dethier, A Marine and Estuarine Habitat Classification
System for Washington State 10 [Washington State Department ofNatural Resources,
Washington Natural Heritage Program, 1990).
Jetty - A structure projecting out into the sea at the mouth of a river for the purpose of
protecting a navigation channel or harbor, or to influence water currents.
Lagoon -See Tidal Lagoon.
Landfill -The placement of soil, sand, rock, gravel, existing sediment or other material (excluding
solid waste) to create new land, tideland or bottom land area along the shoreline below the
OI-IWM, or on wetland or upland areas in -order to raise the elevation.
Levee - A large dike or embankment, often having an access road along the top, which is
designed as part of a system to protect Iand from floods.
City of Bainbridge [slsnd Shoreline bfsster Program
November 26, 199b (Corrected I/93)
21
Limited Utility Extension -The extension of natural gas, electricity, telephone, water, or sewer
service where all of the following are met: 1) the extension is categorically exempt under the
Washington State Environmental Policy Act (SEPA)(See WAC 197-11-800(24 or its successor)
for the utility improvements which are categorically exempt under SEPA), 2) the extension will
serve existing uses that are in compliance with the Shoreline Management Act, and 3) the project
does not involve the construction of more than 2,500 lineaz feet of utility lines or pipes within
shoreline jurisdiction.
Littoral -Living on, or occurring on, the shore.
Littoral Drift -The movement of mud, sand, or gravel material pazallel to the shoreline in the
neazshore zone by waves and currents.
Live-aboard Vessel - A vessel licensed and designed for use as a mobile structure with adequate
self-propulsion and steering equipment to be operated as a vessel, but which is principally used as
an over-water residence. Principal use as an over-water residence means essentially full-time
occupancy within the City's jurisdiction for a total of more than sixty (60) days, whether o~ not
consecutive, in any calendar yeaz.
Marina - A commercial or public facility with the primary purpose of providing moorage for six
(6) or more vessels, which consists of a system of piers, buoys, or floats. Foreshore marinas aze
located in the intertidal or offshore zone (the Aquatic environment). Backshore marinas are
located landward of OHWM. There aze two common types of backshore marinas, one with wet
moorage that is dredged out of the land to artificially create a basin, and the other, dry moorage,
which has upland storage with a hoist, marine travel lift, or ramp for water access.
Marine Travel Lift - A mechanical device that cars hoist vessels offtrailers and transport them
into the water. Often associated with dry land moorage.
Marine Railway - A set of rails running from the upland area into the water upon which a cart or
dolly can carry a boat to be launched.
Marsh.- Soft, wet area periodically or continuously flooded to a shallow depth, usually
chazacterized by a particular subclass (monocotyledons) of grasses, cattails, and other low plants.
Marshes, Bogs, and Swamps -Lands transitional between terrestrial and aquatic systems where
saturation with water is the dominant factor determining plant and animal communities and soil
development. Such lands must have one or more of the following attributes: a) at least
periodically, the land predominately supports hydrophytes, and/or 2) the substrate is
predominately undrained hydric soil. [WAC 173-22-030 (5) or its successor]. See Hydrophyte,
Hydric Soil.
Mean Higher High Tide (MHHT) =The plane of the arithmetic mean of the higher of two (2)
daily high tides calculated from the most recent 19-year tidal cycle.
Mean Low Water (MLW) -The plane of the arithmetic mean of all low tides calculated from
the most recent 19-year tidal cycle.
Mean Lower Low Water (MLLW) -The plane of the arithmetic mean of the lower of.two (2)
daily low tides calculated from the most recent 19-year tidal cycle (datum plane 0.0).
Midden - An ancient refuse heap. Often a source of archaeological material.
Mining -Removal and primary processing of naturally occurring materials from the earth for
economic use. "Processing" includes screening, crushing, stockpiling -all of which utilize
materials removed from the site where the processing activity is located. Processing does not
include the manufacture of molded or cast concrete, or asphalt products, asphalt mixing
operations, or concrete hatching operations.
City of Bainbridge Island Shoreline htaster Program
November 26, 1996 (Corrected r/98)
22
Mooring Buoy - A floating object anchored to the bottom of a water body that provides tie-up
capabilities for vessels.
Muds -Sediments in which the size of the particles is smaller than 1/16 mm. In order for
sediments in a tidal inlet to be classified as critical habitat, they need to contain at least 30% by
weight of mud (i.e., 30% of the sediments, by weight, have to pass through a 1/16 mm mesh
sieve).
Multi-family Dwelling or Residence - A building containing two or more dwelling units
including, but not limited to, duplexes, apartments, and condominiums.
Natural Riparian Habitat Corridor -The streamside environment maintained in its natural
state, primarily for fisheries and wildlife habitat, and water quality improvements, and,
secondarily, for flood control works, while allowing controlled access to avoid damage to the
resource.
Native Vegetation Zone - A required vegetation buffer measured horizontally upland from and
perpendicular to the ordinary high water mark (Of1W1V17.
Nonconforming Development - A shoreline use or structure which was lawfully constructed or
established prior to the effective date of the applicable Shoreline Management Act/SMP
provision, and which no longer conforms to the applicable shoreline provisions. [WAC
173-14-055(1) or its successor].
Nonwater-oriented -Nonwater-oriented uses serve to describe those uses which have little or no
relationship to the shoreline .and are not considered priority uses under the Shoreline Management
Act: Nonwater-oriented use examples include professional offices, automobile sales or repair
shops, mini-storage facilities, multifamily residential development, department stores, and gas
stations.
Normal appurtenance -See Appurtenance.
Normal Maintenance -Those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition. [WAC 173-14-040(lb) or its successor]. (See Normal Repair.)
Normal Protective Bulkhead -See Bulkhead.
Normal Repair - To restore a development to a state comparable to its original condition within
a reasonable period after decay or partial destruction, except where repair involves total
replacement which is not common practice, or causes substantial adverse effects to the shoreline
resource or environment. [WAC 173-14-040(lb) or its successor]. (See Normal Maintenance.)
OHWM, Ordinary High Water Mark -That mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual, and so
long continued in all ordinary years, that the soil has a character distinct from that of the abutting
upland in respect to vegetation as that condition existed on June 1, 1971, as it may naturally
change thereafter, or as it may change thereafter in accordance with permits issued by the City or
Washington State Department of Ecology, provided that in any area where the ordinary high
water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of
mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of
mean high water. [See RCW 90.58.030(2)(b) or its successor and WAC 173-22-030(6) or its
successor).
Oil/Water Separator -Specialized catch basins~that are designed to trap oil and other materials
lighter than water in the basin while allowing the water to escape through the drainage system.
Open Space -See BIMC Title 18.
Parking -The temporary storage of automobiles or other motorized vehicles.
City of Bainbridge Island Shoreline Master Progrem
November 26, 1996 (Corrected I/93)
7j
Periodic -Occurring at regular intervals.
Person(s) -Includes organizations and corporations.
Point - A low profile shoreline promontory of more or less triangular shape, the top of which
extends seaward.
Pier - A fixed platform above the water which abuts the shoreline, extending waterward from
ordinary.high water, and which is generally used as a landing or moorage place for industrial,
commercial, and/or pleasure craft.
Principal Building, Adjacent - A principal building located on a lot abutting the applicant's lot.
RCtiV -Revised Code of Washington. .
Recreation -Refreshment of body and mind through forms of play, sports, relaxation, amusement
or contemplation.
Recreational Development, Active -activities that generally require the use of constructed
facilities such as playgrounds, athletic fields, boat ramps, and marinas.
Recreational Development, Passive -activities that require a minimum of facilities such as
swimming, picnicking, hiking, canoeing and fishing.
Recreational Floats -Anchored off-shore platforms used for water-dependent recreational
activities such as swimming and diving.
Replacement Area - An area of replacement native vegetation which compensates for the
disturbance of a portion of the required Native Vegetation Zone. (See Section III.E. regulations
10 and 11 for requirements that must be met to allow for such disturbance.)
Residential Development -Construction or alteration of one or more buildings, structures, or
portions thereof which are designed for and used to provide a place of abode for human beings.
This includes single-family residences and multifamily dwellings, accessory uses, and structures
normally associated with residential uses and structures. Residential development includes land
divisions, including short plats, of residentially zoned land. It also includes all modifications to
land and vegetation associated with construction, preparation, or maintenance of residential
structures or accessory structures.
Restoration - To revitalize or reestablish the characteristics and natural processes of a degraded ~•
shoreline resource.
Revetment - A sloping structure built to protect a scarp, embankment, or shore against erosion
by waves or currents. Usually built of riprap, with a heavy armor layer, one or more filter layers
of smaller rock or filter cloth, and "toe" protection. A revetment slopes shoreward and has a
rough or jagged facing. Its sloping face absorbs wave energy and differentiates it from a bulkhead,
which is a vertical structure.
Riparian - Of, on, or pertaining to the banks of a river.
Riparian Management Zone - A specified area alongside a shoreline where specific measures _
are set out in the Forest Practice Regulations to protect water quality and fish and wildlife habitat.
[WAC 222-30 or its successor). _
Riprap - A layer, facing, or protective mound of stones placed to prevent erosion, scouring, or
sloughing of a structure or embankment. ~-
Rock `i'eir -See Groin.
Runoff -Water that is not absorbed into the,soil,'but rather flows along the ground surface
following the topography.
Salmon and Steell~ead IIabitats -Gravel bottom streams, creeks, and rivers used for spawning;
streams, creeks, rivers, side channels, ponds, lakes, and wetlands used for rearing, feeding, cover
City of Qainbridge Island Shon:line ivtastcr Program
November 26, 1996 (Corrected 1/93)
24
and refuge from predators and high water; streams creeks, rivers, estuaries, and shallow areas of
saltwater bodies used as migration corridors; and salt water bodies used for rearing, feeding, and
refuge from predators and currents.
Salt Tolerant Vegetation -Vegetation which is tolerant of interstitial soil salinities greater than
or equal to 0.5 parts per thousand. [WAC 173-22 or its successor].
Scarification -Loosening the top soil and/or disrupting the forest floor in preparation for
regeneration.
Seawall -Structure separating land and water areas primarily to prevent erosion and other
damage by wave action. Generally more massive and capable of resisting greater wave forces
than a bulkhead or revetment.
Seaward - To or toward the sea.
Sediment -The material deposited by water or wind.
Setback -The required distance measured horizontally from the ordinary high water mark to any
allowed development.
Shoreland areas -Those lands extending landwazd for two hundred feet in all directions as
measured on a horizontal plane from the ordinary high water mazk; floodways and contiguous
floodplain areas landward two hundred feet from such floodways; and all wetlands, including river
deltas associated with streams, rivers and tidal waters which aze subject to the. provisions of this
chapter; the same to be designated as to location by the Department of Ecology.
Shorelands -See "Shoreland areas."
Shoreline Armoring -Structural protection from wave erosion including revetments, bulkheads,
sea walls, gabions, and so forth.
Shoreline Environment Designations -The categories of shorelines established by local
Shoreline Master Programs in order to provide a uniform basis for applying policies and use
regulations within distinctively different shoreline areas. [WAC 173-16-040(4) or its successor].
Shoreline Jurisdiction (Associated Wetlands [Jurisdictional]) -The proper term describing all
of the geographic areas covered by the Shoreline Management Act, related rules, and the
applicable master program. Those lands extending landward for 200 feet in all directions, as
measured on a horizontal plane from the ordinary high water mark; floodways and contiguous
floodplain areas landward two hundred (200) feet from such floodways; and all marshes, bogs,
swamps, and deltas associated with the streams, lakes, and tidal waters subject to the Shoreline
Management Act. See RCW 90.58.030 (2f) or its successor, WAC 173-16-030(17) or its
successor; WAC 173-22-030(10) or its successor. Also, such areas within a specified local
government's authority. See definitions of shorelines, shorelands, shorelines of the state, and
Shorelines of Statewide Significance, and wetlands, jurisdictional.
Shoreline Management Act -The Shoreline Management Act of 1971, Chapter 90.58 RCW, as
amended.
Shoreline Stabilization and Flood Protection -Actions taken to reduce adverse impacts caused
by current, flood, wake, or wave action. These actions include all structural and nonstructural
means to reduce impacts due to flooding, erosion, and accretion. Examples of specific structural
and nonstructural shoreline modification activities include revetments, riprap, bulkheads, and bank
stabilization.
Shoreline Permit - A Substantial Development, Conditional Use, Revision, Variance, or any
combination thereof. [WAC 173-14-030(13) or its successor].
Cily of Bainbridge Island Shoreline h(aster Pro~cam
Plovambcr?6, 1996 (Corrected (/93)
25
Shoreline Substantial Development Permit - A mechanism through which the Ciry determines
whether a proposed development or activity complies with the State of Washington Shoreline
Management Act (Chapter 90.58 RCW or its successor) and the Master Program.
Shorelines -All of the water areas of the State, including reservoirs and their associated
wetlands, together with the lands underlying them, except those areas excluded under RCW
90.58.030(2)(d) or its successor and shorelines of state-wide significance.
Shorelines Hearings Board (SHB) - Asix-member, quasi judicial body, created by the Shoreline
Master Program, which hears appeals by any aggrieved parry on the issuance of a shoreline permit
and appeals by local government on Washington State Department of Ecology approval of master
programs, rules, regulations, guidelines, or designations under the Shoreline Management Act.
[RCW 90.58.170 or its successor; 90.58.180 or its successor; and WAC 173-14-170 or its
successor; 173-14-174 or its successor].
Shorelines of State-wide Significance - A select category of shorelines of the State, defined in
RCW 90.58.030(2)(e) or its successor, where special preservation policies apply and where
greater planning authority is granted by the Shoreline Management Act [RCW 90.58.020 or its
successor]. Within the City's jurisdiction all those areas lying seawazd from the line of extreme
low tide are shorelines of state-wide significance [RCW 90.58.030 (1)(e)(iii) or its successor).
Shorelines of the State -Shorelines and shorelines of state-wide significance.
Sign - Any letter, figure, design, symbol, trademark or other device which is intended to attract
attention to any activity, service, place, political office, subject, firm, corporation or merchandise,
except traffic signs or signals, public or court notices, signs not visible from the public right-of-
way or adjacent properties, signs on moving vehicles, newspapers, leaflets or other printed
materials intended for individual use or individual distribution to members of the public,
government flags, flags and buntings exhibited to commemorate national patriotic holidays and..
temporary banners announcing charitable or civic events.
Single-family Residence (SFR) - A detached dwelling designed for and occupied by one family,
including those structures and developments within a contiguous ownership which are a normal
appurtenance. (WAC 173-14-040(1)(g) or its successor].
Soil Bioengineering - An applied science that combines structure, biological, and ecological
concepts to construct living structures that stabilize the soil to control erosion, sedimentation, and
flooding using live plant materials as a main structural component.
Solid Waste Disposal -Discharge, deposit, injection, dumping, spilling, leaking or placing of any
solid waste, including hazardous waste, on land or in the water.
Solid Waste -Solid and semi-solid wastes, including garbage, rubbish, ashes, industrial wastes,
wood wastes, and sortyard wastes associated with commercial logging activities, swill, demolition
and construction wastes, abandoned vehicles and parts of vehicles, household appliances, and
other discarded commodities. Solid waste does not include wastewater, dredge material,
agricultural, or other commercial logging wastes not specifically listed above. See landfill. and
dredging material.
Spit - An accretion shoreform which extends seaward from and parallel to the shoreline. They
are usually characterized by a wave-built berm on the windward side and a more gently sloping,
muddy, or marshy shore on the leeward side. A curved spit is normally called a hook.
Spur Dock -See Groin.
SSDP -Shoreline Substantial Development Permit.
Structure - A permanent or temporary edifice or building, or any piece of work artificially built
or composed of parts joined together in some definite manner, whether installed on, above, or
City of Bainbridge Island Shoreline Master Program
Novembec 26, 1996 (Comcted 1/9S)
26
below the surface of the ground or water, except for vessels. [WAC 173-14-03015 or its
successor].
Subdivision -The division or redivision of land, including short subdivisions, for the purpose of
sale, lease, or conveyance.
Substantial Development -Any development of which the total cost or fair market value
exceeds two thousand five hundred (2,500) dollars [or another amount established in
90.58.030(3)(e) RCW or its successor], or any development which materially interferes with the
normal public use of the water or shorelines of the State, except as specifically exempted pursuant
to RCW 90.58.030(3)(e) or its successor and WAC 173-14-040 or its successor. See definitions
for Development and Exemption.
Substantial Progress -Substantial progress toward completion of a permitted activity includes
all of the following, where applicable: the making of contracts, signing of notice to proceed,'
completion of grading and excavation and the laying of major utilities; or, where no construction
is involved; commencement of the activity. [WAC 173-14-060 or its successor].
Subtidal -The area of the marine environment below extreme low tide.
Sustainable Development -Development which maintains a balance between the health of the
natural environment and the needs of the human community which lives within it.
Swamp - A depressed area flooded most of the year to a depth greater than that of a marsh and
characterized by areas of open water amid soft, wetland masses vegetated with trees and shrubs.
Extensive grass vegetation is not characteristic.
Terrestrial - Of or relating to land as distinct from air or water.
Tidal Inlet - A salt water bay, subject to the daily influence of the tides, whose mouth is narrower
than its length. The inlet is considered to be all lands and waters seaward of the ordinary high
water mark, and extending to its mouth. Within tidal inlets, specific areas that constitute critical
habitat are designated for special protection under the Master Program.
Tidal Flats -Marshy or muddy areas of the seabed which are covered and uncovered by the rise
and fall of tidal water.
Tidal Lagoon - A body of saline water (salinity greater than 0.5 parts per thousand) with a
constricted or subsurface outlet that is subject to the periodic, but not necessarily daily, exchange
of water with Puget Sound or a tidal inlet. The exchange may occur seasonally, during storms, or
during the highest spring tides. The connection between the sea and the lagoon does not
necessarily have to be on the surface; the connection can be subsurface through permeable gravel
or sand berms.
Tidal Water -Includes marine and estuarine waters bounded by the ordinary high water mark.
Where a stream enters the tidal water, the tidal water is bounded by the extension of the elevation
of the marine ordinary high water mark within the stream. [WAC 173-22-030(9) or its successor].
Tidelands -Land on the shore of marine water bodies between the line of ordinary high tide and
the line of extreme low tide.
Toxic Material -Any material damaging marine life including, but not limited to, paints,
varnishes, anti-fouling agents, bleaches, petroleum, and contaminated bilge waste water.
Transient 11loorage -Moorage for a stay of less than t~vo (2) weeks.
Transportation Facilities -Those structures and developments that aid in land and water surface
movement of people, goods, and services. They include roads and highways, bridges and
causeways, bikeways, trails, cailroad facilities, ferry terminals, float plane terminals, heliports, and
other related facilities.
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected 1/93)
27
Upland -Generally described as the area above and landward of the OHWM.
Utilities, Accessory -Small scale distribution systems directly serving a permitted shoreline use.
They include power, telephone, cable, water, sewer, septic, and stormwater lines.
Utilities, Primary -Facilities that produce, transmit, carry, store, distribute, or process electric
power, gas, water, sewage, or information. Primary utilities include solid waste handling and
disposal facilities, wastewater treatment facilities, utility lines, electrical power generating or
transfer facilities, radio, cellular telephone and microwave tower, and gas distribution and storage
facilities.
Variance - A means to grant relief from the specific bulk, dimensional, or performance standards
specified in the applicable Master Program. Variance permits must be specifically approved,
approved with conditions, or denied by the Washington State Department of Ecology. (See WAC
173-14-150 or its successor.
Vessel - A ship, boat, barge, or any other floating craft which is designed and used for navigation
and does not interfere with normal public use of the water. [WAC 173-14-030(18) or its
successor].
View Corridor - An area free of buildings and other view-blocking structures which provides
visual access to water and/or the shoreline.
WAC -Washington Administrative Code.
Water-bar - A diversion ditch and/or hump in a trail or road for the purpose of carrying surface
water runoff into the vegetation duff, ditch, or other dispersion area so that it does not gain the
volume and velocity which cause soil movement and erosion.
Water-dependent Use - A use or a portion of a use which requires direct contact with the water
and cannot exist at a nonwater location due to the intrinsic nature of its operations. Examples of
water-dependent uses may include ship cargo. terminal loading areas, ferry and passenger
terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane
facilities, and sewer outfalls.
Water-enjoyment Use - A recreational use, or other use facilitating public access to the shoreline
as a primary characteristic of the use, or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial .number of people as a general characteristic of the use
and which through the location, design, and operation ensure the public's ability to enjoy the
physical and aesthetic qualities of the shoreline. In order to qualify as awater-enjoyment use, the
use must be open to the general public, and the shoreline-oriented space within the project must
be devoted to the specific aspects of the use that foster shoreline enjoyment. Primary water-
enjoyment uses may include, but are not limited to, parks, piers, and other improvements
facilitating public access to shorelines of the State. General water-enjoyment uses may include,
but are not limited to, restaurants, museums, aquariums, educationaUscientific reserves, resorts,
and mixed use commercial, provided that such uses conform to the above water-enjoyment
specifications and the provisions of the Master Program.
Water-oriented Use -Refers to any combination ofwater-dependent, water-related and/or
water-enjoyment uses and serves as an all-encompassing definition for priority uses under the
Shoreline Management Act.
Water-related - A use or a portion of a use which is not intrinsically dependent on a waterfront
location, but whose economic viability is dependent upon a waterfront location because:
1. Of a functional requirement for a waterfront location such as the amval or shipment of
materials by water or the need for large quantities of water or,
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected I/93)
2S
2. The use provides a necessary service supportive of the water-dependent commercial
activities and the proximity of the use to its customers makes its services less expensive
and/or more convenient. Examples include: 1) manufacturers of ship parts large enough
that transportation becomes a significant factor in the product(s) cost, 2) professional
services serving primarily water-dependent activities, and 3) storage ofwater-transported
foods.
Examples ofwater-related uses may include warehousing of goods transported by water, seafood
processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil
refineries where transport is by tanker, and log storage.
Wave Direction -The direction from which waves approach an observer.
WDFW -Washington State Department of Fish and Wildlife.
Washington State Department of Ecology -See Ecology.
Wetlands -Areas that are inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands
do not include those artificial wetlands intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands that were
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street, or highway. Wetlands may include those artificial wetlands intentionally created
from nonwetland areas to mitigate the conversion of wetlands.
Wetlands, Jurisdictional -See "shoreiand areas."
Zoning - To designate by ordinance, including maps, areas of land reserved and regulated for
specific land uses.
City of L'ainbridge l~(and Shoreline htastcc Program
Ivovcmbcr26, 1996 (Comctcd l/98)
29
Section III GENERAL POLICIES AND REGULATIONS
The following general policies and regulations apply to all environments. These provisions are to
be used in conjunction with the more specific shoreline use (referred to as "uses") and shoreline
modification activity (referred to as "activities") policies and regulations found in Sections V and
VI respectively.
1. All new shoreline uses and shoreline modification activities, including those that do not
require a Shoreline Substantial Development Permit, must conform to all applicable Goal
Provisions, General Provisions, Environment Designation Provisions (including the
shoreline environment maps), Specific Shoreline Use Provisions and Shoreline
Modification Activity Provisions.
2. Shoreline modification activities must be in support of an allowable shoreline use which
conforms to the provisions of the Master Program. Except as otherwise noted, all
shoreline modification activities not associated with a legally existing or approved
shoreline use are prohibited.
3. Shoreline uses, modification activities, and conditions listed as "prohibited" shall not be
eligible for consideration as a Shoreline Variance or Shoreline Conditional Use Permit.
4. The policies listed in the Master Program shall provide broad guidance and direction and
shall be used by the Director in interpreting the "regulations."
5. Where provisions of this Master Program conflict, the more restrictive provisions shall
apply unless specifically stated otherwise.
A. Archaeological and Historic Resources
Applicability
Where archaeological or historical resources are either recorded at the State Historic Preservation
Office and/or with the City of Bainbridge Island, or where they have been uncovered, the
following policies and regulations apply.
Policies
1. Archaeological and historic resources, because of their limited and irreplaceable nature,
are~valuable links to our past and should be considered whenever a development is
proposed along the State's shorelines.
2. Public or private uses and activities should be prevented from destroying or altering any
site having historic, prehistoric, cultural, scientific or educational purpose or value as
identified by the appropriate authorities.
City of Bainbridge Island Shoreline blaster Program
November 26, 1996 (Corrected 1/98)
~~
• Regulations
1. All shoreline permits shall contain provisions which require developers to immediately
stop work and notify the City if any phenomena of possible azchaeological interest is
uncovered during excavation. In such cases, the developer shall be required to provide for
a site inspection and evaluation by a professional archaeologist to ensure that all possible
valuable azchaeological data is properly salvaged. The developer shall receive permission
from the State Office of Archaeology and Historic Preservation prior to further
disturbance of the site (RCW 27.53.070 or its successor).
2. Permits issued in azeas known to contain archaeological artifacts and data shall include a
requirement that the developer provide for a site inspection and evaluation by an
archaeologist. The permit shall require approval by the City before work can begin on a
project following inspection. Significant archaeological data or artifacts shall be recovered
before work begins.
3. Significant azchaeological and historic resources shall be permanently preserved for
scientific study, education, and public observation. When the City determines that a site
has significant archaeological, natural scientific or historical value, a substantial
development permit which would pose a threat to the resources of the site shall not be
issued. The Ciry may require that development be postponed in such areas to allow
investigation of public acquisition potential, retrieval and preservation of significant
artifacts, and/or development of a mitigation plan.
4. In the event that unforeseen factors constituting an emergency, as defined in RCW
90.58.030 or its successor, necessitate rapid action to retrieve or preserve artifacts or data
identified above, the project maybe exempted from any shoreline permit requirements.
The City shall notify the Washington State Department of Ecology, the State Attorney
General's Office, and the State Historic Preservation Office of such a waiver in a timely
manner.
5 Archaeological sites, including middens, located both in and outside the shoreline
jurisdiction are subject to RCW 27.44 (Indian Graves and Records) or its successor and
RCW 27.53 (Archaeological Sites and Records) or its successor and shall comply with
WAC 25-48 or its successor as well as the provisions of the Master Program.
6. Archaeological excavations may be permitted subject to the provisions of this program.
7. Identified historical or archaeological resources shall be considered for site planning in
park, open space, public access, and site planning with access to such areas designed and
managed so as to give maximum protection to the resource and surrounding environment.
8. Interpretive signs of historical and archaeological features shall be provided when..
appropriate.
9. Areas of known or suspected archaeological middens shall not be disturbed and shall be
fenced and identified during construction projects on the site.
City of Qainbrid~e [stsnd Shoreline Master Program
fVovcmbcr 26, 1996 (Corrected li9S)
31
B. Clearing and Grading
Purpose
The purpose of the clearing and grading section is to ensure that shoreline uses and activities are
designed and conducted in a manner to minimize damage to the ecology and environment of the
shoreline area.
Avnlicability
All shoreline uses and activities must conform to the clearing and grading provisions herein,
including development which does not require a shoreline permit. (See also Water Quality in
subsection K for related provisions.)
Policies
1. Clearing and grading activities should be designed and conducted to min;m;~e impacts to
water quality and wildlife habitat. Sedimentation of creeks, streams, ponds, lakes, and
wetlands and resulting degradation of water quality should be avoided.
2. Clearing and grading should be limited to the minimum necessary to accommodate
permitted shoreline development.
3. Negative environmental impacts associated with clearing and grading should be avoided
wherever possible through proper site planning, construction timing and practices, bank
stabilization, bioengineering and/or use of erosion and drainage control methods as well as
long-term maintenance. °
4. Following project completion, remaining disturbed areas should be promptly replanted.
5. Clearing and grading activities should be designed with the objective of maintaining native
vegetation areas.
6. For extensive clearing and grading proposals, a clearing and grading plan addressing
native species removal, erosion and sedimentation control, and protection of sensitive
areas and sensitive area native vegetation zones should be required.
Regulations
1. Clearing and grading shall be permitted landward of the native vegetation zone when
associated with a permitted shoreline use, provided that upon completion of construction,
remaining cleared areas shall be replanted within the first applicable planting season.
Replanted areas shall be fully reestablished within three (3) years of completion of
construction and shall be properly maintained.
2. Except as provided for in this program, existing native vegetation between the OHWM
and the top of any bank ten (10) feet or higher that is waterward of the development shall
be retained.
All vegetation that is within the native vegetation zone or other buffer and which is likely
to be disturbed by the clearing and grading activity shall be protected by a temporary fence
City of Bainbridge Island Shoreline hias[er Program
November 26, 1996 (Corrected 1/98)
32
or other marking determined by the City to adequately protect the vegetation. This also
includes root zones of trees which must remain. The temporary fencing/marking shall be
installed and approved by the City before any clearing and grading begins, and maintained
until construction is completed.
4. Land alteration (clearing, grading, filling) shall be limited to the minimum necessary for
development. Surface drainage systems or substantial earth modifications involving
greater than five hundred (S00) cubic yards of material shall be designed by a licensed
engineer to prevent maintenance problems or adverse impacts to shoreline features.
C. Environmentallmpacts
Purpose ,
Minimizing the impacts shoreline uses and activities have on the environment is a key purpose
of the Shoreline Management Act. This section addresses those issues.
Avolicability
All shoreline uses and activities, including development which does not require a Shoreline permit,
must conform to these environmental impact provisions.
Policies
The adverse environmental impacts of shoreline uses and activities should be minimized during all
phases of development (e.g., design, construction, and management).
Regulations
1. The location, design, construction, and management of all shoreline uses and activities
shall protect the quality and quantity of surface and ground water adjacent to the site and
shall adhere to the~guidelines, policies, standards, and regulations of applicable water
quality management programs and regulatory agencies.
2. Solid waste, liquid waste, and untreated ef}luent (i.e., discharge from a source containing
pollutants) shall not be allowed to enter any water bodies or to be discharged onto land. If
there is evidence of discharge, the activity shall be suspended until the deficiency has been
satisfactorily corrected.
3. The' release of oil, chemicals, or other hazardous materials onto or into the water is
prohibited. Equipment for the transportation, storage, handling, or application o£such
materials shall be maintained in a safe and leak-proof condition. If there is evidence of
leakage, the further use of such equipment shall be suspended until the deficiency has been
satisfactorily corrected.
4. All shoreline uses and activities shall utilize effective measures to minimize any increase in
surface water runoff and to control, treat, and release surface water runoff so that
receiving water quality and shore properties and features are not adversely affected. Such
measures may include, but are not limited to, dikes, catch basins, or settling ponds,
City of Bainbridge Island Shoreline Master Program
Novembar 26, 199G (Corrccrad 1/93)
33
installation and required maintenance of oil/water separators, grassy swales, interceptor
drains and landscaped buffers.
5. All shoreline uses and activities shall utilize effective erosion control methods during
project construction and operation.
6. All shoreline uses and activities shall be located, designed, constructed, and managed to
minimize adverse impacts to fish and wildlife resources including spawning, nesting,
rearing and habitat areas, and migratory routes.
7. All shoreline uses and activities shall be located, designed, constructed, and managed to
minimize interference with beneficial natural shoreline processes such as water circulation,
sand and gravel movement, erosion, and accretion.
8. The location, design, construction, and management of shoreline uses and activities shall
minimize adverse impacts to surrounding land and water uses.
9. The location, ;design, construction and management of shoreline uses and activities shall
avoid hazards to public health and safety.
10. All shoreline uses and activities shall be located and designed to m;n;mi~e the need for
shoreline stabilization measures and flood protection. (See Section VI, Shoreline
Modification Activity Policies and. Regulations.)
11. Herbicides and pesticides shall not be allowed to directly enter water bodies or wetlands
unless approved for such use by the appropriate agencies (Washington State Department
of Agriculture or Washington State Department of Ecology, U.S. Department of
Agriculture, Environmental Protection Agency).
12. See Environmentally Sensitive Areas in the next subsection for additional provisions which
may apply.
D. Environmentally Sensitive Areas
AyplicabilitX
Environmentally sensitive areas are primarily regulated through the Bainbridge Island
Municipal Code, Chapter 16.20, Environmentally Sensitive Areas. The provisions in the
Master Program supplement those regulations and apply to all uses and activities,
including those which do not require a shoreline substantial development permit.
Policies
Unique, rare, and fragile shoreline resources including, but not limited to, aquifer recharge
areas; fish and wildlife habitat; fish breeding, rearing or feeding areas; frequently flooded
areas; geologically hazardous areas; marshes, bogs, swamps and streams; tidal lagoons;
mud flats; and salt marshes and aquatic vegetation should be preserved.
All shoreline uses and activities should be located, designed, constructed, and managed in
ways which protect and/or do not adversely affect those natural features which are
valuable, fragile, or unique.
Development should be located away from shorelines that have been identified as unstable
and/or sensitive to erosion to prevent hazardous conditions and property damage as well
as to protect valuable environmental features. See also Section IV, Environment
Designation, Subsection E Conservancy Environment for additional provisions.
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected !/93)
34
4. Some areas, because of unique and/or fragile geological or biological characteristics,
should be protected from public access (e.g., wetlands, shoregrass, kelp beds, etc.).
5. In azeas adjacent to environmentally sensitive features and their native vegetation zones,
use intensities should be regulated to protect environmentally sensitive features.
Regulations
1. When a development site includes some or all of one or more environmentally sensitive
areas, or part of a native vegetation zone(s) for such area(s), the sensitive features and
their native vegetation zones shall be left undisturbed and maintained as open space,
except as permitted by other provisions of the Shoreline Master Program. All development
• shall be set back far enough to avoid damage to such features and their native vegetation
• zones.
2. ~` Native vegetation zones shall be equal.to those buffers established in Bainbridge Island
Municipal Code, Chapter 16.20, Environmentally Sensitive Areas, as amended, except that
native vegetation zones from Puget Sound shall be those established in the Master
'Program. (See subsection E Native Vegetation Zone in this section and Section IV, Table
4-2.)
3. Regulation 2 above, not withstanding, native vegetation zones from those portions of
Puget Sound which exhibit unique, rare and/or fragile resources (including, but not limited
to, tidal lagoons, mud flats, and salt marshes) may be increased under the Bainbridge
Island Municipal Code, Chapter 16.20.
4. When sensitive azeas and/or sensitive azea native vegetation zones aze disturbed,
revegetation with native or other approved vegetation shall be required. (See subsection
B, Clearing and Grading in this section for regulations protecting sensitive areas during
construction.)
5. Fish and wildlife habitat enhancement or restoration shall be allowed when approved by
appropriate resource agencies.
6. If development results in impacts to a sensitive area, in-kind and on-site replacement of
resource functions shall be provided unless it is found that in-kind and on-site replacement
is not feasible or practical due to the physical characteristics of the site, and/or that a
greater benefit can be demonstrated by an alternative location. In such cases, substitute
resources of equal or greater ecological value shall be provided.
7. The functions of replacement areas shall be equal to or greater than those being altered.
The replacement ratio will be determined on a case-by-case basis and shall be proposed in
a rrlitigation plan developed by appropriate experts, approved by the Director and paid for
by the applicant. All mitigation plans shall also be approved by resource agencies:
8. Where sensitive area replacement activities are proposed, an applicant shall permanently
protect the replacement area through legal instruments such as sensitive area tracts,
conservation easements, or a comparable use restriction.
City of Bainbridge Island shoreline Master Program
[vo•~ember 26, 1996 (Corrected 1/93)
35
E. Native Vegetation Zone
Definition and Purpose
The native vegetation zone is a required vegetation buffer encompassing all uplands from the
OHWM to the dimension specified for that particular shoreline environment. Its purpose is to
protect and enhance the Island's natural character, water quality, native plant communities, and
wildlife habitat along the shoreline.
Ayplicability
The native vegetation zone provisions apply to all shoreline development, uses, and activities,
including those which do not require a shoreline permit, and to existing development. Standards
for the native vegetation zone are based on the use category and the environment designations
and are provided in Section IV, Environment Designations, Table 4-2. In some cases, the
standards are further refined by regulations in Section V, Specific Use Policies and Regulations.
(See specifically Section V, subsection K, Residential Development.)
Policies
1. Preservation of native plant species is key to maintaining the ecology of the shoreline as
well as preserving the Island's natural character.
2. Native plant communities within the shoreline jurisdiction should be protected, maintained,
and enhanced.
3. Degraded shorelines should be, restored to provide native habitats and enhance water
quality.
4. Development should preserve existing environmental features to m;n;m;ze disturbance of
natural systems.
5. A native vegetation zone, immediately upland of OHWM, should be established for each
shoreline use and shoreline environment, recognizing the pattern of development and the
ecology of the shoreline.
6. The City should implement a public education program emphasizing the importance of
maintaining native vegetation in the shoreline.
Regulations
1. A vegetation buffer, called a native vegetation zone, shall be maintained immediately
landward of the OHWM. The dimensions of the zone shall be those established for the
particular use and environment. (See Section IV, Environment Designations, specifically
Table 4-2.)
2. Existing native vegetation within this zone shall remain unless specifically allowed to be
altered or removed under the provisions of this section or Section V, Specific Shoreline
Use Policies and Regulations.
City of Bainbridge Island Shoreline Master Program
November ?6, 1996 (Corrected 1198)
36
3. New plantings in this zone shall be native plant species, or other approved species, similar
in diversity, type, density, wildlife habitat value, water quality characteristics and slope
stabilizing qualities to the original vegetation.
4. Removal of nonnative plants and plants on the State noxious weed list shall be allowed
within the native vegetation zone.
5. Within the native vegetation zone, normal nondestructive pruning and limbing of native
vegetation for maintenance and view shall be allowed provided it does not threaten the
health of the vegetation. Individual tree cutting to remove a hazard may by allowed by the
Director, subject to a report by an arborist or other approved expert.
6. No clearing, grading, or construction may be undertaken within the native vegetation zone
unless specifically provided for in this section or in Section V, Specific Shoreline Use
Policies and Regulations.
7. A path to the shoreline not more than four (4) feet in width, constructed by hand and
designed to minimize environmental impacts, shall be allowed. The path may be wider
when required for handicapped access.
8. Accessory utility lines deternuned by the Director to be necessary or required to reduce an
impact (for example, a stormwater tightline to the water to protect a slope or a sewer line
to a marina) maybe allowed. (See BIMC, Chapter 16.20.080 Geologically Hazardous
Areas, for additional regulations which may apply.)
9. To allow flexibility when required because of site limitations, the depth of the native
vegetation zone (measured from OHWNn maybe altered by averaging the depth,
provided that:
a. The total area of the native vegetation zone shall not be less than otherwise required.
b. All portions of the native vegetation zone shall be contiguous.
c. The depth of the zone shalt not be reduced more than twenty-five (25%) percent and
shall be a minimum of twenty-five (25) feet, (measured from OHWM) at any point.
d. At least seventy-five (75) percent of the resulting zone shall be located within the area
that would otherwise be required.
e. Any area altered shall be compensated for by a substitute area. Any area used as a
substitute for an altered area must contain vegetation of comparable or better quality
than the area being deleted.
10. Native vegetation zones and related restrictions required by the City for a preliminary plat
shall be written on the face of the final plat, and for all other land shall be included in a
separate covenant, easement or other similar document. The separate document shall be
recorded with the County Auditor within one month of the imposition of the requirement.
F. Parking -
ApplicabilitX
The following provisions apply only to parking that is accessory to a permitted shoreline use.
Parking as a primary use is prohibited within the shoreline jurisdiction. Additional parking
regulations in the BIMC Chapter 18, Zoning, may apply.
City of Bainbridge Island Shorelin_ Master Pcogram
[Jovember26, 1996 (Conccted 1/98)
37
Policies
1. Parking should directly serve a shoreline use and be sensitive to adjacent shorelines and
properties.
2. Parking facilities should be located, designed, constructed, and operated to minimize
adverse impacts to water quality, aesthetics, public access, vegetation and habitat,
stormwater runoff, noise, and glare.
3. Parking should be planned to achieve optimum use. Where possible, parking should serve
more than one use (e.g., recreational use on weekends, commercial uses on weekdays).
Regulations
1. Parking shall be prohibited over water except at the publicly-owned ferry terminal in the
Urban environment.
2. Parking in the shoreline jurisdiction shall directly serve a shoreline use and is a conditional
use in the Natural designation.
3. Parking facilities shall be designed and landscaped to minimise adverse impacts to adjacent
shorelines and properties. Landscaping shall consist of native vegetation or species
contained in an approved plant list or landscape plan and shall be designed and installed to
provide effective and appropriate screening within three (3) years of planting. Plantings
shall be maintained for the life of the parking facility.
4. Parking facilities serving individual buildings on the shoreline shall be located landward
from the principal building being served, except when the parking facility is within or
beneath the structure and screened, or in cases when an alternate orientation would have
less adverse impact on the shoreline.
5. Parking facilities shall provide safe and convenient pedestrian circulation within the
parking area and to the shoreline.
6. Parking areas shall include facilities to control quantity and quality of surface water runoff
to natural water bodies, using best management practices to retain natural flow rates. A
maintenance program to assure proper functioning of such facilities over time shall be
required.
7. See Section V, Shoreline Use Policies and Regulations for restrictions related to specific
uses.
G. Public Access -Visual and Physical
Purpose
1. The provisions in this section recognize that there are two types of "public access" to the
shorelines of Bainbridge Island. One type is visual public access -- that is, the public's
ability to see the island's shorelines. The second type is physical public access -- that is,
the public's ability to reach and touch the water's edge. Possible ways to provide for such
visual and/or physical public access include picnic areas, pathways and trails, floats and
docks, promenades, viewing towers, bridges, boat launches, street ends, ingress points,
and parking.
City of Bainbridge Island Shoreline Master Program
Novcmbar 26, 1996 (Corrected t/98)
3S
2. With respect to private property, the following provisions are not intended to require
property owners to increase the public's visual or physical access to Bainbridge Island's
shorelines. With respect to future development on private property, the fundamental
principle underlying this section's provisions is that such development should not result in
a net loss of the public's currently existing visual and physical access to the Bainbridge
shoreline.
3. With respect to public property, the following provisions aze intended to promote an
increase in the public's visual and physical access to the Bainbridge shoreline, in a balanced
manner, through mechanisms such as the further improvement of existing public property
and potential future acquisition of additional public property.
4. "Scenic vista" protection is still another aspect of public access and an important shoreline
management objective. Consideration must be given to protecting the shoreline's visual
quality and to maintaining view corridors to and from waterways and their adjacent
shorelnnd features.
Policies
1. The City should establish a comprehensive public access plan to provide the public with
increased visual and physical access. The plan should consider the following methods:
a. Acquisition of land and/or easements:
b. Incentives for providing visual and/or physical access.
c. Requirements for public access when new development
d. Is located in the Urban environment.
e. Is a nonresidential development.
f. Includes multiresidentialusas of five or more building lots. •
2. In single-family residential areas emphasis should be placed on providing public access to
the water via unopened road rights-of--way ("road ends"), with a goal of providing
comparable access in each neighborhood..
3. Acquisition of small, unbuildable lots should be considered as a way to increase
opportunities for the public to enjoy the shoreline.
4. Intense public use, as opposed to neighborhood use, of the shoreline should be limited to
parks and the Urban environment.
5. Upland public access parallel to the beach (such as a walking/bicycling path or .
promenade) should be provided waterward of all buildings in all commercial and all Urban
environment development unless it cannot meet minimum requirements for health and
safety.
6. The Winslow Waterfront Trail should be completed and protected.
7. Public access, both visual and physical, should be considered in the review of any new
private or public development which diminishes existing public access or increases demand
for public access. In such cases, public access should be required unless health, safety, or
environmental protection needs cannot be •met.
8. Shoreline development, uses, and activities should not unreasonably impair or detract from
the public's physical and visual access to the water.
9. Public access should be provided without adversely affecting the shoreline environment.
City of Bainbridge Island Shoreline Ivtaster Program
November 26, 1996 (Corrected t/98)
39
10. City-owned shorelines should be reserved for water-dependent or public recreational uses,
or maintained as open space.
11. Public visual and physical access should be maintained or enhanced on shoreline street-
ends, public utility corridors and easements (where possible), and public rights-of--way.
12. Public access should be designed to provide for public safety and to minimize potential
impacts to private property and individual privacy.
13. Public and private spaces should be clearly marked and/or separated to avoid unnecessary
user conflicts, and such marking/separation should be done in a way that does not
unreasonably obscure views.
14. Shoreline and water views from public upland areas should be preserved acid enhanced
where it would not risk environmental damage: However,. such vegetation removal should
achieve a filtered view and should not be excessive. (This policy does not apply to native
vegetation zones.) •
15. Development should minimize visual impacts to the natural shoreline landscape.
Regulations
When new development increases demand for public access or reduces existing access by
blocking or discouraging its use, provisions for visual and/or physical public access that
mitigates those impacts shall be incorporated into any shoreline development that meets
one or more of the following tests:
a. Is in the Urban environment.
b. Includes nonresidential uses.
c. Provides five or more dwelling units or building lots.
2. The requirements in #1 above will not apply if the applicant demonstrates one or more of
the following: -
a. Unavoidable health or safety hazards to the public exist which cannot be prevented
by any practical means.
b. Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions.
c. The cost of providing the access, easement, or an alternative public access amenity
on or off the development site is unreasonably disproportionate to the total long-
term cost of the proposed development.
d. Unacceptable environmental harm which cannot be adequately mitigated will result
from the public access.
In order to meet any of the conditions (1) through (4) above, the applicant must first
demonstrate, and the City determine in its findings, that all reasonable alternatives have
been exhausted, including, but not limited to:
a. Regulating access by such means as maintaining a gate and/or limiting hours of
use.
b. Designing separation of uses and activities (e.g., fences, terracing, hedges, other
landscaping).
c. Provision(s) for access on a site geographically separate from the proposal such as
a street end.
City of Bainbridge Island Shoreline Master Program
Novembec 26, 1996 (Corrected 1/98)
40
4. Development, uses, and activities shall be designed and operated to avoid blocking,
reducing, or adversely interfering with the public's existing physical and visual access to
the water and shorelines.
5. The public's visual and physical access provided by shoreline street ends, public utilities,
and rights-of--way shall not be diminished. [RCW 35.79.035 or its successor and RCW
36.87.130 or its successor].
6. Submerged public rights-of--way shall be preserved for public access.
7. The permitting process shall include consideration of the balance between visual access
and retention of native vegetation.
8. Development on the water shall be constructed of nonreflective materials that are
compatible in color and texture with the surrounding area.
9. Public access sites shall be connected directly to the nearest public street.
10. Required public access shall be fully developed and available for public use at the time of
occupancy of the use or activity in accordance with permit conditions.
11. Public access easements and permit conditions shall be recorded on the deed of title andlor
on the face of the plat or short plat as a condition running with the authorized land use.
Recording with the County Auditor's ofl7ce shall occur at the time of permit approval.
[RCW 58.17.110 or its successor].
12. The standard State-approved logo or other approved sign(s) that indicate the public's right
of access and hours of access shall be constructed, installed, and maintained by the City in
conspicuous locations at public access sites. In accordance with regulation 2a above,
signs may control or restrict public access as a condition ~of permit approval.
13. Future actions by the applicant, successors in interest, or other parties shall not diminish
the usefulness or value of the public access provided.
14. When properties are subdivided, owners of newly created lots which do not have frontage
on the water shall be provided common access to the water, provided that it will not cause
unacceptable environmental harm which cannot be adequately mitigated.
H. Shorelines of State-wide Significance
Purpose
The Shoreline Management Act of 1971 designated certain shoreline areas as shorelines of state-
wide significance (SSWS). Because these shorelines are resources from which all people in the
state derive benefit, preference is given to uses which favor public and long-range goals.
Ap~licabili~y
Within the City's jurisdiction all those areas lying seaward from the line of extreme low tide are.
shorelines of state-wide significance. [RCW 90.58.030 (1)(e)(iii) or its successor].
Policies , n order of preference)
Recognize and protect the state-wide interest over local interest.
a. Solicit comments and opinions from groups and individuals representing state-wide
interests by circulating the Master Program, and any amendments thereof affecting
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected U9S)
41
Shorelines of State-wide Significance, to State agencies, adjacent jurisdictions,
citizen's advisory committees and local officials, and state-wide interest groups.
b. Recognize and take into account State agencies' policies, programs, and
recommendations in developing and administering use regulations, and in approving
shoreline permits.
c. Solicit comments, opinions, and advice from individuals with expertise in ecology,
geology, limnology, aquaculture, and other scientific fields pertinent to shoreline
management.
2. Preserve the natural character of the shoreline.
a. Designate and administer shoreline environments and use regulations to m;n;m;~e
damage to the ecology and environment of the shoreline as a result of man-made
intrusions on shorelines.
3. Result in long-teen over short-term benefit.
a. Evaluate the short-term economic gain or convenience of developments relative to
the long-term and potentially costly impairments to the natural shoreline.
b. In general, preserve resources and values of shorelines of state-wide significance
for future generations and restrict or prohibit development that would irretrievably
damage shoreline resources.
c. Actively promote aesthetic considerations when contemplating new development,
redevelopment of existing facilities, or general enhancement of shoreline azeas.
4. Protect the resources and ecology of the shoreline.
a. Minimize development activity that will interfere with the natural functioning.of
the shoreline ecosystem including, but not limited to, stability, drainage, aesthetic
values, and water quality.
b. All shoreline development should be located, designed, constructed, and managed
to avoid disturbance of, and to minimize adverse impacts on, fish and wildlife
resources including spawning, nesting, rearing, and habitat areas and migratory
routes.
c. .Restrict or prohibit public access onto areas which cannot be maintained in a
natural condition under human uses.
d. Shoreline materials including, but not limited to, bank substrate, soils, beach sands,
and gravel bazs should be left undisturbed by shoreline development.
5. Increase public access to publicly owned areas of the shorelines.
a. Give priority to developing paths and trails to shoreline areas, linear access along
the shorelines, and to upland parking.
b. Locate development landward of the. ordinary high water mark.
c. Limit public access when environmental or habitat values warrant such limitations.
6. Increase recreational opportunities for the public on the shoreline.
a. Plan for and encourage development of facilities for recreational use of the shorelines.
1. Signs
Ap~licabilitX
Signs are regulated through BIMC 15.08, Sign Code. The following policies apply to signs with
the jurisdiction of the Shoreline Master Program .These policies do not apply to publicly owned
Cily of Bainbridge island Shoreline Master Probram
November 26, 1996 (Corrected I/98)
42
signs where the purpose is safety, direction, or information.
Policies
1. Signs should be designed and placed so they are compatible with the aesthetic quality of
the existing shoreline and adjacent land and water uses.
2. Signs should not block or otherwise interfere with visual access to the water or
shorelands.
3. Signs. should be of a permanent nature, should serve an approved use, and should be
attached to such use.
J. Utilities (Accessory)
Applicability
Accessory utilities are associated with all types of shoreline development. These provisions apply
to all development, including that which~does not require a shoreline pernut. (Refer to Section V,
Specific Shoreline Use Policies and Regulations for primary use utility provisions.)
Policies
1. Utilities are necessary to shoreline uses and should be properly installed and operated to
protect the shoreline and water from degradation.
Z. Utility facilities and rights-of--way should be located outside of the shoreline azea to the
maximum extent possible. When utility lines require a shoreline location, .they should be
placed underground
3. Utility facilities should be designed and located in a manner which. preserves the shoreline
ecology and the natural landscape and minimizes conflicts with existing and planned land
uses.
Regulations
1. In shoreline areas, utility lines, including pipelines and cable, shall be placed underground
unless demonstrated not to be feasible. Further, such lines shall utilize existing
rights-of--way, corridors and/or bridge crossings whenever possible. Proposals for new
corridors in shoreline areas involving water crossings must fully substantiate the
infeasibility of existing routes.
2. Utility development shall, through coordination with government agencies, provide for
compatible multiple use of sites and rights-of--way. Such uses include shoreline access
points, trails, and other forms of recreation and transportation systems, provided such uses
will not unduly interfere with utility operations or endanger public health and safety.
3. Septic fields shall be located on the landward side of development, where possible.
4. Sites disturbed for utility installation shall be stabilized during and following construction
to avoid adverse impacts from erosion. Sites shall be replanted with native vegetation
immediately following construction.
City of Bainbridge Island Shoreline blaster Program
November 26, 1996 (Corc~cted 1/98)
43
K. Water Quality
Purpose
Maintaining high water quality standazds and restoring degraded systems is mandated in the
Shoreline Management Act (RCW 90.58.020 or its successor). Water quality is affected in
numerous ways by human activity. The increase in non-porous surfaces that accompanies
development increases surface water runoff, which causes scouring and erosion of streambanks.
Erosion increases suspended solid levels and carries heavy metals, household wastes, and excess
nutrients into the water. Increased nutrient enrichment depresses dissolved oxygen levels. This
degradation of water quality adversely impacts wildlife habitat and public health. The purpose of
these provisions is to minimize water quality impacts of shoreline uses and activities.
AyplicabilitY
These provisions apply to all shoreline development, including that which does not require a
Shoreline Substantial Development Permit.
Policies
1. All shoreline uses and activities, including sewers and/or septic systems, should be located,
designed, constructed, and maintained to minimize adverse impacts to water quality and
fish and wildlife resources including .spawning, nesting, rearing, feeding areas, and
migratory routes.
2. Setbacks, native vegetation zones, and stormwater management should be required to
minimize negative impacts to water quality.
3. Surface water runoff should be treated on-site, unless precluded by slope or other sensitive
area conditions.
4. Dredging and filling should be conducted to minimize impacts to water quality and should
be consistent with applicable agency policy (e.g., Washington State Department of Fish
and Wildlife, U.S. Army Corps of Engineers).
Regulations
1. All shoreline development shall minimize any increase in surface runoff through control,
treatment, and release of surface water runoff so that the receiving water quality and shore
properties and features are not adversely affected. Control measures include, but are not
limited to, dikes, catch basins or settling ponds, oil interceptor drains, grassy swales,
planted buffers, and fugitive dust controls.
2. Where feasible, septic fields shall be located on the landward side of any new residence or
business.
3. New residences or businesses on the shoreline within two hundred (200) feet of an
existing sewer line and/or within an established sewer service area shall be connected to
the sewer system.
4. All shoreline development shall comply with the applicable requirements of the
Storlnwater Management Manual for the Puget Sound Basin (Washington State
City of Bainbridge Island Shoreline blaster Program
November 26, 1996 (Corrected 1/98)
44
Department of Ecology publication #91-75) as amended by the City's Engineering Design
and Development Standards Manual.
City of Bainbridge Island Shoroline Mastec Program
November 26, 1996 (Corroded 1/98)
45
Section IV ENVIRONMENT DESIGNATIONS
A. General
The Master Program establishes seven shoreline environments based on a combination of existing
conditions and intended types of use. When applied to geographic areas of the island, these
environments form an overlay for applying shoreline considerations to the City's land use
regulations. Uses which aze consistent with a particular environment aze encouraged, while uses
which aze in conflict aze prohibited. A conditional use process is available when further review is
needed to determine whether the use is compatible with the particular environment at the
proposed site. Table 4.1 provides a summary of uses in relation to the various environments.
Existing uses and activities which are incompatible with their shoreline environment designations
aze subject to provisions for nonconforming shoreline uses and structures. (See Section VII.)
The seven shoreline environments include five upland environments -Urban, Semi-rural, Rural,
Conservancy and Natural, and two water environments -Aquatic and Aquatic Conservancy.
Shoreline Environment Man
The official Bainbridge Island Shoreline Environment map shall be in the custody of the
Department of Planning and Community Development and shall be available for public inspection
during normal business hours.
The purpose of the map is to depict those azeas of Bainbridge Island within the jurisdiction of the
Master Program and the various shoreline environment designations.
Environment Boundaries
Where the shoreline jurisdiction or environment designation is uncertain, the official shoreline
environment map shall be used to determine boundary location. If the conflict cannot be resolved
using the shoreline environment map, the following rules shall apply:
1. Boundaries indicated as approximately following the center lines of streets, highways,
alleys, or other roadways shall be construed to follow such center lines.
2. Boundaries indicated as approximately following lot, fractional section, or other
subdivision lines shall be construed as following such subdivision lines.
3. Boundaries indicated as parallel to or extensions of features identified in subsections 1 and
2 above shall be so construed.
4. When not specifically indicated on the shoreline environment map, distances shall be
determined by the scale of the map.
Where existing physical or cultural features are at variance with those shown on the shoreline
environment map and cannot be determined with certainty by applying subsections 1 through 4
above, the Department shall determine the location or existence of such feature utilizing any
appropriate criteria contained in the Master Program.
City of Bainbridge Island Shoreline biasltr Program
(`Iovember 26, 1996 (Corrected U9S)
46
B. Urban Environment
The Urban environment is an area of high intensity land use including residential, commercial, and
industrial development.
Purpose
The purpose of this environment is to ensure optimum utilization of shorelines within urbanized
areas. Development in urban areas should be managed to enhance and maintain shorelines for a
variety of urban uses, with priority given to water-dependent, water-related, and water-enjoyment
uses.
Designation Criteria
Areas to be designated Urban should meet one or more of the following criteria:
1. Shorelines used or designated for high intensity commercial, industrial, or recreational use,
or for multifamily residential development.
2. Shorelines of lower intensity use, where surrounding land use is urban and urban services
are available.
3. Shorelines used for water-oriented and port activities.
Shorelines to be designated Urban should not have biophysical limitations to development such as
floodplains, steep slopes, slide hazazd areas, marshes, bogs, swamps, and/or other sensitive areas.
Management Policies
1. Because urban use tends to preclude other shoreline uses, emphasis should be given to
directing new development into already developed azeas consistent with the Master
Program.
2. Full utilization of existing urban areas should be achieved before additional areas are
designated Urban.
3. Reasonable, long-range projections of regional economic need should guide the amount of
shoreline designated Urban.
4. Priority should be given to water-dependent, water-related, and water-enjoyment uses
over other uses. Uses which derive no benefit from a water location should be
discouraged or prohibited.
5. Visual and physical public access should be required. Where possible, industrial and
commercial facilities should be designed to permit pedestrian waterfront activities.
Planning for the acquisition of land for permanent public access to the water in the Urban
environment should be encouraged and implemented.
6. Aesthetic considerations should be actively promoted by means such as sign control
regulations, appropriate development siting, screening and architectural standards, flexible
lot design process planned unit developments, and maintenance of natural vegetation
buffers.
7. In order to make maximum use of the available shoreline resource and to accommodate
future water-dependent uses, the redevelopment and renewal of substandard or degraded
urban shoreline areas should be encouraged.
City of Sainbridga Island Shoreline Master Program
November 26, 1996 (Corrected 1/98)
47
8. Developments within the Urban environment should be compatible with uses and activities
in adjacent, including aquatic, environments.
C. Semi-rural Environment
The Semi-rural environment accommodates low to medium density residential development, low
to medium intensity recreational development, passive recreation, and open space consistent with
the Bainbridge Island Comprehensive Plan. It includes shoreline azeas that presently support
medium to low density residential development and is intended to be compatible with agricultural
uses on adjacent nonshoreline properties.
Purpose
The Semi-rural environment is intended to serve as a transitional area between the more intensive
Urban environment and the lower-intensity uses of the Rural environment. This environment is
also intended to protect natural resources such as vegetation on steep banks, indigenous trees and
natural beaches, banks; bluffs, and marshes while still allowing for development.
Designation Criteria
Areas to be designated Semi-rural should meet one or more of the following criteria:
1. Areas presently developed or platted for residential uses.
2. Areas zoned for residential development.
3. Areas which could support and serve the needs of planned unit residential developments
(PUDs).
4. Areas which could serve as transition zones between urban and rural shoreline areas.
5. Areas having the physical ability to support low to medium density residential uses and
associated recreational and public service facilities.
6. Areas which can provide, and have the capabilities to support, the necessary public
services, utilities, and access to accommodate low to medium density development.
Sewage disposal and water supply facilities maybe provided on an individual or
community basis.
Management Policies
1. Low to medium intensity residential and recreational uses should be preferred uses.
2. All.uses within the Semi-rural environment should be located, designed, constructed, and
maintained to protect and enhance the shoreline environment.
3. Developments should be permitted only in those shoreline areas that are capable of
supporting the proposed use in a manner which protects and enhances the shoreline
environment.
4. Public access to shorelines should be required for multiple family residences, apartments,
planned unit developments, and large subdivisions. Common access should be required
for small, single-family residential subdivisions.
5. Recreational developments should provide shoreline areas for community or public open
space.
City of Bsinbridge Island Shoreline Master Progrsm
November 26, 1996 (Corrected ll98)
48
6. Access, utilities, and public services should be available and adequate to serve existing
needs and planned future development.
7. Developments within the Semi-rural environment should be compatible with uses and
activities in adjacent, including aquatic, environments.
D. Rural Environment
The Rural environment is an area in which natural features predominate and where human activity
results in only a light modification of the natural environment. It often abuts agricultural uses.
Residential development in the Rural environment is low intensity.
Purpose
The Rural environment is intended to serve as the shoreline component in areas where the
Comprehensive Plan seeks to protect agricultural uses and low density residential uses from urban
expansion. Its purpose is to limit development along undeveloped shorelines, serve as a native
vegetation zone between different environments, maintain open space and opportunities for
passive recreational use, and provide opportunities for low density rural living.
Designation Criteria
Areas to be designated Rural should meet one or more of the following criteria:
1. Areas dominated by low density residential or low intensity recreational uses.
2. Areas where natural characteristics generally support low density development.
3. Areas where residential development is or should be low density because of biological or
physical lintations, utility or access limitations, and/or potential incompatibility with other
uses.
4. Undeveloped areas not planned for significant development and inappropriate for Natural
or Conservancy designation.
5. Areas which buffer low intensity shoreline development from higher intensity shoreline
development.
Management Policies
1. New developments in the Rural environment should reflect the character of the
surrounding area by limiting residential density, providing permanent open space, and
maintaining a native vegetation buffer from Puget Sound.
2. Public and private passive recreational uses compatible with low density residential uses
should be encouraged.
3. Intense development should be prohibited.
4. Medium and high density residential, industrial, and commercial uses, except agriculture
and forestry, should be prohibited.
5. Developments within the Rural environment should be compatible with uses and activities
in adjacent, including aquatic, environments.
City of Bainbridg_ Island Shorclina i•faster Program
Novembzc 26, 1996 (Corrutcd U93)
49
r -
1
i
l
E. Conservancy Environment
The Conservancy environment is an area where the existing natural character is maintained and
protected from consumptive uses which would cause permanent adverse environmental impacts.
It may include azeas with severe biophysical limitations to development and/or azeas with the
potential for meeting current and future community recreational needs.
Purpose
The intent of the Conservancy environment is to protect, conserve, and manage existing natural
resources and valuable historic and cultural resources in order to achieve sustained resource
utilization and provide public recreational opportunities. The Conservancy environment is also
intended to protect environmentally sensitive azeas which are not suitable for intensive use, such
as steep slopes, flood-prone areas, eroding bluffs, wetlands, and azeas which cannot provide
adequate sewage disposal.
Designation Criteria
Areas to be designated Conservancy should meet one or more of the following criteria.
1. Areas containing natural resources which lend themselves to management on a sustained-
yield basis, such as commercial forest land.
2. Areas subject to severe biophysical limitations such as: ~
a. Steep slopes and landslide hazazd azeas.
b. Areas subject to severe erosion and feeder bluffs.
c. Unstable banks or bluffs.
d. Flood-prone areas. _
e. Areas with soils that have poor drainage.
f. Geo-hydraulic shoreforms (e.g., accretion beaches, point bars, spits).
3. Areas which play an important part in maintaining the regional ecological balance such as:
a. Areas rich in quality and quantity of life forms.
b. Areas important to the maintenance of natural water quality and flow.
c. Areas important to maintaining the food chain process (i.e., estuaries, wetlands,
riparian corridors).
4. Areas free from extensive development.
5. Areas where intensive development or use would interfere with natural processes and
result in significant damage to other resources.
6. Areas of high scenic or recreational value. .
7. Areas with extensive or unique historic or cultural resources. -.
Management Policies (See Table 4-1 for specific uses 1
1. Shoreline uses and activities which would substantially degrade or permanently deplete the
physical, cultural or biological resources of the area should be prohibited.
2. New development should be compatible with the natural environment and should not
require extensive alteration of the land-water interface.
3. Shoreline uses and activities in the Conservancy environment should be designed to
City of Qainbridge Island Shoreline Mastec Program
November 26, 1996 (Corrected I/98)
50
protect the shore process corridor and its operating systems.
4. Shoreline uses and activities which would strip the shoreline of vegetative cover, cause
substantial erosion or sedimentation, or adversely affect wildlife or aquatic life should be
prohibited.
5. Residential development should be severely restricted.
6. Commercial and industrial uses other than low intensity agricultural practices and limited
forestry should be prohibited.
7. The use of structural shoreline stabilization and flood protection measures should be
severely limited. New developments should be designed to preclude the need for such
measures.
8. Resource preservation should have priority over public access and recreation development
objectives whenever a conflict exists.
9. Developments within the Conservancy environment should be compatible with uses and
activities in adjacent, including aquatic, environments.
F. Natural Environment
The. Natural environment applies to areas possessing unique natural or cultural features which the
City would like to preserve for public benefit. All uses within the Natural environment are
subordinate to the protection of natural systems.
Purpose
The Natural environment is ir}tended to preserve areas existing in a natural state, relatively free of
human influence, and those azeas possessing natural resources sensitive to human activity, or
unique historical, cultural, or educational features. The Natural environment requires severe ,
restrictions on the intensity and type of permitted uses to maintain the integrity~of the shoreline
environment.
Designation Criteria
Areas to be designated Natural should meet one or more of the following criteria.
Wildlife Habitats
a. A shoreline area that provides food, water, or cover and protection for any rare,
endangered, or diminishing species, or for significant populations of flora or fauna
during critical stages of their life cycle.
b. ~ A seasonal haven for concentrations of native animals, fish, or fowl such as a
migration route, breeding site, larval rearing ground, or spawning site.
2. Areas of Scientific and Educational Value
a. Areas considered to best represent basic ecosystems and geologic types that are of
particular scientific and educational interest.
b. Shoreline areas which best represent undisturbed natural areas.
c. Shoreline areas with established histories of scientific research.
Areas of Scenic and Recreational Value
a. Those shoreline areas having an outstanding or unique scenic feature in their
natural state.
City of Iiainbridgc Island Shorefinc htaster Program
November 26, 1996 (Corrected V98)
51
b. Shoreline areas having a high value for wilderness experience.
c. Areas which in their natural state have a high value for low intensity recreational
use.
4. Other Criteria
a. Areas where human influence and development are minimal.
b. Areas which have been degraded, but which are capable of easily being restored to
a natural or near natural condition, or are capable of natural regeneration if left
undisturbed.
c. Other unique natural features relatively intolerant of human use or development
such as saltwater marshes, Class I beaches (see RCW 79.90.030 or its successor),
Class I tidelands, spits, and virgin timber stands.
Management Policies
1. Uses and activities which would potentially degrade or significantly alter the natural
character of the shoreline should be severely restricted or prohibited.
2. Limited access should be permitted for scientific, historical, educational, and low-intensity
recreational purposes, provided that no significant, adverse impact on the area will result.
3. Uses which are consumptive of physical, visual, and biological resources should be
prohibited.
4. Physical alterations should only be considered when they serve fo protect a significant
unique, or highly valued feature which might otherwise be degraded or destroyed.
5. Uses and activities adjacent to shorelines designated Natural should be compatible with,
and should not compromise the integrity of, the Natural environment.
6. Uses and activities within the Natural environment should be compatible'withuses and
activities in adjacent, including aquatic, environments.
G. Aquatic Environment
The Aquatic Environment consists of all marine water areas seaward of the ordinary high water
mark (OHWIvl) which have not been designated Aquatic Conservancy. This includes estuarine
channels, sloughs, and associated marshes, bogs, and swamps.
Pub
The purpose of the Aquatic environment designation is to protect the unique characteristics of
the aquatic environment by managing uses and activities and by assuring compatibility between
upland and aquatic uses. The Aquatic environment may allow either multiple water-dependent
uses or specific dominant water-dependent uses. It is intended to promote the wise use of the
natural features and resources of Aquatic areas which are substantially different in character
from those of the adjoining uplands and backshores.
City of Bainbridge Island Shoenline blaster Program
November 2G, 1996 (Cor~ctcd 1/9S)
52
Designation Criteria
Aquatic areas include:
1. All marine areas seaward of the ordinary high water mazk (OHWM) which have not
been designated Aquatic Conservancy.
2. All swamps, marshes, and bogs adjoining the above which are not designated Natural.
Management Policies
1. Structures which are not water-dependent and uses which .will substantially degrade the
existing character of the azea should be prohibited.
2. ''Diverse public access opportunities should be encouraged and developed and should be
compatible with the existing shoreline and aquatic uses.
3. Aquaculture practices should be encouraged in those tidelands, waters, and beds most
suitable for such use.
4. Several industries using the same tidelands should be given preference over
single-industry use.
5. In appropriate areas, fishing and water recreation should be protected from competing
uses.
6. All uses and activities in navigable waters or their beds should be located and designed
to minimize interference with surface navigation, and allow for the safe, unhindered
passage of fish and animals, particularly those whose life cycles are dependent on such
migration.
7. Deep draft uses, if allowed, should not occur in areas requiring extensive initial or
maintenance dredging.
8. Filling operations should minimize possible adverse environmental impacts.
9. Motorized vehicle travel should be discouraged on all tidelands, except for boat
launching areas and other permitted water-dependent uses.
10. Development of underwater pipelines and cables on tidelands should be discouraged
except where adverse environmental impacts can be shown to be less than the impact of
upland alternatives. ~ When permitted, such facilities should include adequate provisions
to ensure against substantial or irrevocable damage to the environment.
11. Abandoned and/or neglected structures which cause adverse visual impacts or are a
hazard to public health, safety, and welfare should be removed or restored to a usable
condition consistent with the provisions of this program.
H. Aquatic Conservancy Environment
The Aquatic Conservancy environment includes ~ marine areas seaward of the ordinary high
water mark (OHWM), normally designated Aquatic, that contain unique ecological and
cultural features which the City would like to preserve for the public benefit. All uses in the
Aquatic Conservancy environment are subordinate to the protection of natural systems.
City of Bainbridge Islsnd Shoreline Masser Progrnm
November 26, 1996 (Corrected 1195)
53
a
.k
Purpose
The Aquatic Conservancy environment is intended to preserve those portions of the marine
waters of the City whose existing natural state is relatively free of human influence, or whose
resources, biological diversity, or other features are particularly sensitive to human activity, or
whose unique, historical, archeological, cultural, or educational features merit special
protection.
A number of separate criteria are required to define the diverse character of Aquatic
Conservancy regimes. Tidal lagoons and sensitive portions of tidal inlets will require
protection in terms of water salinity and quality, sediment quality and quantity, vegetative
native vegetation zones on adjacent shorelines, and remaining areas of native salt-tolerant
vegetation. Other regimes, such as aquatic vegetation, have similaz requirements. The
Aquatic Conservancy environment requires severe restrictions on the intensity and type of
permitted uses to maintain the integrity of the shoreline environment.
Designation Criteria
Aquatic Conservancy has three regimes. An area is designated Aquatic Conservancy if it fits
any regime description, whether or not it is mapped as such. All three regimes shall be
considered environmentally sensitive.
Regime l: Tidal lagoons
Bodies of saline water (salinity greater than [>J 0.5 parts per thousand) with a
constricted or subsurface outlet that is subject to periodic, but not necessarily daily,
exchange of water with Puget Sound or a tidal inlet. The connection between the sea
and the lagoon may be subsurface through permeable gravel or sand berms. ~ The
upland boundary of the lagoon shall be the ordinary high water mark (OHWM). There
aze two tidal lagoons currently identified on the Island, "Tolo Lagoon" located in
Sections 17 and 18, Township 25 N, Range 2 E, and "Battle Point Lagoon" located in
Section 18, Township 25 N, Range 2 E. .
Regime 2: Salt marshes and mud flats in tidal inlets
Saltwater bays and related intertidal azeas subject to the daily influence of tides where
they support salt-tolerant vegetation and/or exposed mudflats. Tidal inlet areas should
be designated Aquatic Conservancy if they meet either Criterion I or II below. Only
those areas of Aquatic Conservancy-designated shorelines which meet one of those
criteria for the environment will be subject to its policies and regulations; the map is a
guide but the designation criteria prevail.
City of Bainbridge Island Shoreline htaster Program
Novcmber26, 1996 (Corrected 1/93)
~4
The Aquatic Conservancy environment shall extend from the OHWM to six (6) feet
below mean lower low water (MLLW). If the inlet is less than six hundred (600) feet
wide, or less than six (6) feet deep at mean lower low water (MLLW), the resource
should be considered to be a single system encompassing both sides and the channel. In
these cases, boundaries should be drawn from the OHWM to a line perpendicular to the
average direction of the tidal flow where the criteria are no longer met.
Criterion I: The area between the OHWM and MLLW that provides a habitat'for at
least one quarter (1/4) acre of salt-tolerant vegetation. Vegetated patches
may be smaller than one quarter (1/4) acre, but the total vegetated area
must be at least one quarter (1%4) acre.
Criterion II: At least one quarter (1/4) acre of exposed flats is exhibited between
. ordinary high water (OHVVM) and mean lower low water (MI.LW)
whose sediments are at least thirty (30) percent muds.
Parts of tidal inlets that do not fit either criterion, and do not fit other regimes of
Aquatic Conservancy environment, shall be designated Aquatic.
Regime 3: Marine vegetation
Areas seawazd of the mean lower low water (MLLW) that support a significant
community (at least four thousand square feet [4,000 square feet] of kelp, eelgrass
and/or other- vegetation in sufficient quantities to provide special value. as habitat for
marine life.
The City shall map the limits of the designations with assistance from the Washington State
Departments of Ecology, Natural Resources, Fish and Wildlife, and other cooperating
agencies. Any azea in which actions have been taken under an approved permit to create,
restore, or enhance characteristics of any of these regimes shall automatically be designated
Aquatic Conservancy. Where there is a conflict between the map and criteria, the criteria will
prevail provided a report is prepared by a qualified professional verifying that the map is in
error. The report will be the responsibility of the party requesting the map change.
Management Policies
1. Uses and activities which would potentially degrade or significantly alter the natural
character of the shoreline should be severely restricted or prohibited.
2. Limited access should be permitted for scientific, historical, educational, and
low-intensity recreational purposes, provided that no significant, adverse impact on the
areas will result.
3. Uses which are consumptive of physical, visual, and biological resources should be
prohibited.
4. Physical alterations should only be considered when they serve to protect significant,
City of Bainbridge Island Shorclinc binstcr Program
Novcmbcr26, 1996 (Com:ctcd 1/93)
SS
unique, or highly valued features which might otherwise be degraded or destroyed.
5. Uses and activities adjacent to shorelines designated Aquatic Conservancy should be
compatible with and not compromise the integrity of the Aquatic Conservancy
environment.
6. Native vegetation zones should be established to protect the functions and .
characteristics of the areas. (See Section III, General Policies and Regulations,
subsection D, Environmentally Sensitive Areas.)
7. A management study of each azea should be conducted with participation by
appropriate state agencies and residents of each area to determine possible refinements
to the adopted regimes, changes in the boundaries of the areas included in the Aquatic
Conservancy environment, and inclusion of additional management strategies.
I. Master Program Summary Matrices
Proposed shoreline development must comply with the Master Program's general provisions
(Section III), environment designation provisions (Section IV), specific shoreline use
provisions (Section V), and shoreline modification activity provisions (Section VI). The
following matrices (Tables 4-1 and 4-2) summarize the shoreline use categories, requirements
and development standazds in each environment (Urban, Semi-rural, Rural, Conservancy,
Natural, Aquatic, and Aquatic Conservancy).
In general, uses are either permitted with a Shoreline Substantial Development Permit (SSDP),
allowed with a conditional use permit, or are prohibited. Some uses are exempt from the
shoreline permit process.
The permitted uses in each environment represent the uses which aze most compatible with that
environment based on the goals and objectives of the Master Program and the requirements of
the Washington State Shoreline Management Act.
The following Shoreline Use and Activity Matrix (Table 4-1) and Use-related Development
Standards Matrix (Table 4-2) summarize the information contained in the Specific Shoreline
Use Policies and Regulations (Section V) and the Shoreline Modification Activity Policies.and
Regulations (Sections VI).
City of f,'ainbridge Island Shocclina htastcr Program
Novembcr26, 1996 (Corrected t/9K)
56
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~~~~,~„ ~. ~~,FIC SHORELINE USE POLICIES AND
REGULATIONS
A. Introduction
This section contains policies and regulations for the following shoreline uses: agriculture,
aquaculture, boating facilities, commercial development, flood hazard and stonnwater
management, forestry, industry, mining, recreational development, residential development,
transportation facilities, and utilities (primary). The policies and regulations developed for
each shoreline use, or category, are the pnmary set of criteria for evaluating proposed
shoreline development. Some proposals will be subject to provisions of more than one use.
Proposed development must also comply with Section III, General Policies and Regulations
and Section VI, Shoreline Modification Activity provisions.
While not all shoreline uses require a shoreline permit, no development shall be undertaken on
the shorelines of Bainbridge Island except those which are consistent with the Shoreline
Management Act (Act), applicable State guidelines, and the Master Frogram.
Shoreline uses which are not specifically identified shall be evaluated on a case-by-case basis
for consistency with the Act and the requirements of the Master Program, and shall require a
conditional use permit.
B. Agriculture
Applicability
These provisions apply to activities which aze primarily commercial. Gardening activities
primanly for on-site consumption and maintenance of household pets shall be considered
residential uses.
Policies
1. Agriculture should not be allowed in the shoreline jurisdiction.
Regulations
1. Agriculture shall be prohibited in the shoreline jurisdiction.
C. Aquaculture
Applicability
Aquaculture, like all other uses, is subject to the provisions in Section IV, Environment
Designations, including the standazds in Table 4-2. Section III, General Policies and
Regulations also apply.
City of Bainbridge Island Shoroline biastet Program
November 26, 1996 (Corrected 1/93)
66
Policies
1. Areas with high aquacultural use potential should be identified.
2. Aquaculture activities should be given flexibility to experiment with new aquaculture
techniques.
3. Consideration should be given to both the possible positive and detrimental impacts that
aquacultural development might have on the physical environment; on other existing
and approved land and water uses, including navigation, tribal "usual and accustomed
fishing grounds" and public access; and on the aesthetic qualities of the project area.
4. Aquaculture should be prohibited in the following azeas:
a. Areas that have little natural potential for the type(s) of aquaculture under
consideration.
b. Areas that have water quality problems that make the areas unsuitable for the
type(s) of aquaculture under consideration.
c. Areas devoted to established uses of the aquatic environment with which-the
proposed aquacuitural method(s) would substantially and materially conflict.
Such uses would include, but aze not limited to navigation, moorage, rt or
commercial fishing, log rafting, underwater utilities, and active scienti~
research.
d. Areas where the design or placement of the facilities would substantially
degrade the aesthetic qualities of the shoreline.
f. Areas where an aquacultural proposal will result in any significant adverse,
environmental impacts that cannot be eliminated or adequately mitigated
through enforceable conditions of approval.
g. Areas near national wildlife refines or critical habitats defined by the State or
the City, where the proposed activity will adversely affect the refuge/habitat use
or value.
5. Preference should be given to those forms of aquaculture that involve lesser
environmental and visual impacts. In general, preference will be given to:
a. Projects that require the least structures, submerged structures, or intertidal
structures over those that involve substantial floating structures.
b. Projects that require few land-based facilities over those that require extensive
facilities.
c. Projects that involve little or no substrate modification over those that involve
substantial modification.
d. Projects that do not rely on artificial feeding over those that do require artificial
feeding.
6. The density of net-pen and raft culture operations should be limited as necessary to
minimize cumulative environmental im acts.
7. Experimental aquaculture projects shou~d be limited in scale and should be approved
for a limited period of time.
8. New shoreline proposals in the vicinity of an, experimental aquacultural project should be
restricted or denied if they might compromise the monitoring and data collection.required
under the experimental project permit. All permitted aquacultural projects should be
protected from new development that would be likely to damage or destroy them.
City of Bainhridoc Island Shoreline Rtastcr Program
November 26, 1996 (Comcted 1/98)
67
fi
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d
I
Regulations -General
1. Aquaculture may be allowed as a conditional use in the Conservancy, Rural, Semi-
rural, Urban and Aquatic environments. Aquaculture shall be prohibited in the Natural
and Aquatic Conservancy environments.
2. Applicants shall include in their applications all information needed to conduct
thorough evaluations of their aquaculture proposals, including but not limited to the
following:
a. Species to be reared.
b. Aquaculture method(s).
c. Anticipated use of any feed, pesticides, herbicides, antibiotics, or other
substances and their predicted impacts.
d. Manpower/employment necessary for the project.
e. Harvest and processing location, method, an~ timing.
f. Location and plans for and. shoreside activities, including loading, unloading,
and product processing.
g. Methods of traffic control and waste disposal
h. Environmental assessment, including best available background information on
water quality, turbidity, tidal variations, prevailing storm wind conditions,
current flows, flushing rates, aquatic and benthic organisms, and probable
impacts on water quality, biota, currents, littoral drift, and any existing
shoreline or water uses. Further baseline studies may be requued, depending
upon the adequacy of available information, existing conditions, the nature of
the proposal, and probable adverse environmental impacts. Baseline monitoring
shall beat the applicant's expense unless otherwise provided for.
i. Method of disposal of dead fish to control noxious odors.
j. Methods of predator control, if any.
k. Use of lights and noise-generating equipment and their potential impacts on
surrounding uses.
1. Other pertinent information deemed necessary by the City such as noise levels
and visual impact.
3. Permit applications shall identify all pesticides, herbicides, antibiotics, vaccines,
growth stimulants, anti-fouling agents, or other chemicals that the applicant anticipates
using. Such materials shall not be used until approval is obtained from all appropriate
State and Federal agencies, including, but not limited to, the U.S. Food and Drug
Administration, the Washington State Departments of Ecology, Fish and Wildlife and
Agriculture, as required, and proof thereof is submitted to the City. When feasible, the
cleaning of nets and other apparatus shall be accomplished by air drying, spray
washing, or hand washing, rather than chemical treatment and application.
4. .Permit applications shall identify any noise generation associated with the project and
also the amount of marine and truck or other vehicle traffic that will occur during the
regular operation of the facility.
5. The location of floating and submerged aquaculture structures shall not undulyrestrict
navigation to or along the shoreline, or interfere with general navigation lanes and
traffic. Floating structures shall remain shoreward of principal navigation channels.
Other restrictions on the scale of aquaculture activities to protect navigational access
may be necessary based on the size and shape of the affected water body.
6. No aquatic organism shall be introduced into Bainbridge Island salt or fresh waters
without prior written approval of the Washington Department of Fish and Wildlife for
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected 1/93)
68
the specific organism proposed for introduction. The required approval shall be
submitted in writing to the Director prior to the introduction or the granting of the
perniit, whichever comes first. Unless otherwise provided in the shoreline permit
issued by the City, the repeated transfer (or lacement) of an approved organism in the
same location shall require approval by the City only at the time the permit is issued.
For purposes of this section, introduction shall mean the placing of any aquatic
organism in any azea within the waters of the City, regardless of whether it is a native
or resident organism, and regardless of where it is being transferred from.
7. Aquacultural structures and activities that are not water-dependent (e.g., warehouses
for storage of products, harking lots) shall be located landward of the OHWM, upland
of water-dependent portions of the project, and shall minimize detrimental impacts to
the shoreline.
8. Aquacultural structures and equipment shall be of sound construction and shall be so
maintained. Abandoned or unsafe structures and equipment shall be removed or
repaired promptly by the owner.
9. Legally established aquacultural enterprises, including authorized experimental
projects, shall be protected from incompatible uses which may seek to locate nearby.
Demonstration of a high probability that such an adjacent use would result in damage
to, or destruction of, such an aquacultural enterprise shall be grounds for the denial of
that use.
10. Operational monitoring may be required if and to the extent that it is necessary to
determine, ensure, or confirm compliance with predicted or required performance.
Such monitoring requirements shall be established as a condition of the permit and shall
be conducted at the applicant's (operator's) expense.
11. No processing of any aquacultural product, except for the sorting or culling of the
cultured organisms and the washing or removal of surface matenals or organisms, shall
occur in or over the water after harvest, unless specifically approved by permit. All
other processing and processing facilities shall be located on land and shall be governed
by, in addition to these provisions, the policies and regulations of other applicable
sections of the Master Program, in particular, provisions addressing commercial and
industrial uses.
12. Aquacultural wastes shall be disposed of in a manner that will ensure compliance with
all applicable governmental waste disposal standards. No garbage, wastes, or debris
shall be allowed to accumulate at the site of any aquaculture operation.
13. Required separations between aquacultural uses and facilities and national wildlife
refuge lands and/or habitats of special significance for birds or mammals, as identified
by the Washington State resource agencies, shall be established based on analysis of the
potential impacts on the resources.
14. Hatchery and other aquaculture operations shall be required to maintain a minimum
fifty (50) foot wide vegetated buffer zone along the affected streamway, provided that
cleanng of vegetation shall be permitted for essential water access points.
15. Orishore support structures shall meet the height and setback standards established in
Table 4-2, Site Development Standards Matrix, except that reduced setbacks may be
permitted where necessary for the operation of hatcheries and rearing ponds.
16. Predator control shall not involve the killing or abusive harassment of birds or
mammals. Approved controls include, but are not limited to, double netting for seals,
overhead netting for birds, and three-foot high fencing or netting for otters. The use of
other nonlethal, nonabusive predator control measures shall be contingent upon receipt
of written approval from the National Marine Fisheries Service and/or the U.S. Fish
and Wildlife Service, as required.
City of Bainbrid;e Island Shoreline Master Program
November?6, 1996 (Corrected I/93)
69
17. For aquacultural pro'ects using over-water structures, storage of necessary tools and
apppazatus seawazd o~ the OHWM shall be limited to containers of not more than three
(3) feet in height, as measured from the surface of the raft or dock, provided that, in
locations where the visual impact of the proposed aquaculture structures will be
minimal, the City,_based upon written findings and without requiring a variance, may
authorize storage containers of greater height. In such cases, the burden of proof shall
be on the applicant. Materials which are not~necessary for the immediate and regular
operation of the facility shall not be stored seaward of the ordinary high water mark.
18. Mechanical and/or hydraulic clam harvesting or other activities that involve substantial
substrate modification through dredging, trenching, or digging shall be prohibited in
existing kelp beds or in beds of native eel grass {Zostera manna) containing more than
two (2) turions per one-quarter (1/4) square meter in winter or three (3) tunons per
one-quarter (1/4) square meter in summer.
19. Fish net-pens shall meet, as a minimum, State-approved administrative guidelines for
the management of net-pen cultures; where any conflict in requirements arises the more
stringent reeqquirement shall prevail.
20. Aquacultural proposals that include net-pens or rafts shall not be located closer than one
(1) nautical mile to any other aquacultural facility that includes net-pens or rafts,
provided that a lesser distance may be authorized by the City if the applicant can
demonstrate to the City's satisfactron that the environmental and aesthetic concerns
expressed in the Master Program shall be addressed. If a lesser distance is requested,
the burden of proof shall be on the applicant to demonstrate that the cumulative impacts
of the existing and proposed operations would not be contrary to the policies and
regulations of the Master Program.
21. Except as provided in Regulation 18 above, aquacultural developments approved on an
expenmental basis shall not exceed five (5) acres in area, except anchorage for floating
systems, and five (5) years in duration, provided that the City may issue a new permit
to continue an expenmental project as many times as is deemed necessary and
appropriate.
22. Where necessary to preserve the integrity of any research data collected, aquaculture
developments which would be likely to ~eopazd>ze an experimental aquaculture
development shall not be allowed within the same bay, harbor, or cove with any such
aquaculture development, or within one mile (1) of such a development if the water
body is larger than one (1) squaze mile in area, until after the experimental project is
granted nonexperimental status or terminated.
23. For floating culture facilities, the City shall reserve the right to require a visual impact
analysis consisting of information comparable to that found in the Department of
Ecology's Aquacultural Siting Study (1986). Such analysis may be prepared by the
applicant without professional assistance, provided that it is competently prepared.
24. Any shoreline des>gnated a "shoreline of state-wide significance" with aquacultural
acrivities proposed in that area shall be subject to: first, the policies and priorities
contained in Section III, subsection H, Shorelines of State-wide Significance and,
second, the policies and regulations contained in this section.
25. Aquaculture activities proposed in an area designated a "shoreline of state-wide
signa,ficance" shall be subject to setback and height standards as shown in Table 4-2.
26. Aquaculture will be conducted so that there will be no significant adverse disruption of
the substrate .
27. Mechanical and/or hydraulic clam harvesting operations, which use a hydraulic
harvester or similar floating equipment shall be required to obtain a Substantial
Development Permit and a Condlt>onal Use Permit. Such permits shall only be issued
City of Eainbridga Is;ard Shorclinc master Program
November 26, 1995 (Corrcctcd 1/93)
70
if the applicant can show that the proposed operation will not harm fish or shellfish
resources.
28. Aquaculture activities are not subject to the regulations found in Section VI.D,
Dredging and Dredge Material Disposal.
D. Boating Facilities
Annlicability
Boating facilities include marinas (both backshore and foreshore, dry storage, and wet
moorage types), boat launch ramps, covered moorage, marine railways, and marine travel
lifts. (Refer to Section II for definitions.) Community, yacht club, camp, and resort moorage
facilities must comply with boating facility requirements if they provide moorage for six (6) .or
more vessels. Both marina and nonmarina boating facilities, including single-family, must :,
comply with Section VI, subsection F, Piers, Docks, Recreational Floats, and Moonng Buoy.
Other portions of Section VI may also apply.
Accessory uses found in marinas may include fuel docks and storage, boating equipment sales
and rental, repair services, boat launches, bait and tackle shops, potable water, waste disposal,
administration, parkin, and grocery and dry good shops. Uses which are not clearly
accessory are also subject to their respective provisions lln this section. (Examples might
include commercial, industrial, or transportation facilities.) Boating facilities are also subject
to Section III, General Policies and Regulations and to Section IV, Environment Designations,
including the standards in Table 4-2.
Regulations governing boating activities in the bays and harbors of Bainbridge Island are
contained in City harbors and waters code and may also apply. See Section VI, subsection F,
for regulations governing mooring buoys.
Policies
1. Boating facilities should be located, designed, and operated to provide the maximum
feasible protection and enhancement of all forms of aquatic, littoral, or terrestrial life
including animals, fish, shellfish, birds and plants, their habitats, and their migratory
routes. Marinas should be located in areas of low biologic productivity.
2. Boating facilities should be located and designed to minimize adverse effects upon, and
to enhance if possible, beneficial shoreline features and processes including erosion,
littoral or riparian transport and accretion shoreforms, as well as scarce and valuable
shore features, including riparian habitat and wetlands.
3. Boating facilities should be located and designed so their structures and operations will
be `aesthetically compatible with the area visually affected, and will not unreasonably
impair shoreline views from adjacent shoreline properties.
4. Joint use of biers and docks (community docks) should be encouraged so long as they
serve the adjacent, upland owners. They should include no more than (1) one moorage
space per ownership.
5. Areas which have been identified as hazardous due to storm tides, high winds, or
flooding should not be considered as potential marina sites.
6. Embayments with poor flushing action should not be considered for marina sites.
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November 26, 1996 (Collected I/98)
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7. Regional as well as local needs should be considered when determining the location of
mannas and boat launches. Potential sites near high-use or potentially high-use azeas
should be identified.
8. Consumption of limited shoreline resources should be minimized by considering:
a. The expansion of existing marinas over the addition of new marina sites;
b. The developpment of mannas and launch ramps over the development of
individual docking facilities for private, noncommercial pleasure craft; and
c. The use of launching ramps and recreational boat dry storage or other new
technologies over year-round wet-moorage.
9. Boating facilities should not unduly restrict or impair ingress-egress or the use and
enjoyment of the water or beach on adjoining properties.
10. New marina facilities should be designed to accommodate public access and enjoyment
of the shoreline, including provisions for walkways, view points, restroom facilities,
and other recreational uses according to the scale of the facility.
11. Foreshore marinas, wherever possible, should use open-type construction to prevent
degradation of fish and/or shellfish resources and habitat.
12. Installation and maintenance of sewage disposal (pump-out) facilities or services should
be required and conveniently available to all users of marina facilities.
13. Floating homes should be prohibited. Houseboats and live-aboazd vessels should be
allowed only in those limited circumstances where their environmental and use impacts
can be substantially avoided.
14. Transient moorage should be made available, with most of this need being met through
use of short-term vacancies.
15. Vegetative screening should be provided azound parking and other storage azeas.
Regulations -General
1. Boating facilities, including marinas, shall be allowed as follows:
a. Boating facilities shall be permitted in the Urban environment and allowed as a
conditional use in the Semi-rural and Rural environments.
b. Boating facilities shall be prohibited in the Natural, Conservancy, and Aquatic
Conservancy environments.
c. Boating facilities shall be permitted in the Aquatic environment if permitted in
the adjacent upland environment, allowed as a conditional use if so allowed in
the adjacent upland environment, and prohibited if prohibited in the adjacent
upland environment.
d. Boating facilities shall be permitted in public parks designated Conservancy
environment and in the ad acent Aquatic environment.
2. Boating facility development and~or renovation shall comply with all other applicable
State and Federal agency policies and regulations including, but not limited to, the
Department of Fish and Wildlife, Federal Marine Sanitation standards (Environmental
Protection Agency 1972) requiring water quality certification from the U.S. Army
Corps of Engineers (Section 10), U.S. Army Corps of Engineers dredging standards
(Section 404), and State and Federal standards for the storage of fuels and toxic
materials.
3. The City shall require the following information in its review of marina proposals:
a. Existing natural shoreline and backshore features and uses and bathymetric
contours (1-foot increments);
b. Geo-hydraulic processes and flushing characteristics, volume, rates, and
frequencies;
City of Bainbridge Island Shoreline Master Program
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72
c. Biological resources and habitats for the backshore, foreshore, and aquatic
environments;
d. Area of surface waters appropriated, and leased areas;
e. Site orientation; exposure to wind, waves, flooding or tidal/storm surges; and
type and extent of shore defense works or shoreline stabilization and flood
protection necessary;
f. Impact upon existing and created demand for shoreline and water uses including
physical access, recreation, and views; •
g. The regional need for additional facilities;
h. The design of the facilities including sewage disposal, restrooms; solid waste
disposal, proposed signage, proposed exterior lighting, a proposed landscaping
plan, and proposed use of noise-generating egµipment;
i. Management and operations including accommodation of live-aboard vessels,
including houseboats, provisions for the prevention and control of fuel spillage,
and restrictions related to disposal of wastes and toxic materials; and
Other information that may be requested by the Director.
4. Accessory uses at a marina or public launch ramp shall be limited to those which are
water-dependent, related to boating, necessary for marina operation, or which provide
physical or visual shoreline access to substantial numbers of the general public.
Accessory uses shall be consistent in scale and intensity with the manna and/or launch
ramp and surrounding uses.
5. Shoreline permits for marinas shall be conditioned to include boater education
addressing boater impacts on water quality and other shoreline resources, boater safety
and requirements for boater use of sewage pumpouts.
6. New marinas and expansion areas in existing marinas shall not have covered moorage.
7. Floating homes shall be prohibited in all marinas and elsewhere in the shoreline
jurisdiction of Bainbridge Island. Live-aboard vessels, including houseboats, shall be
permitted in marinas. No more than 25 % of the surface area of a marina or 25 % of its
slips, whichever is less, shall be devoted to live-aboard vessels, including houseboats.
Regulations -Location
1. When new sites are considered, sufficient evidence must be presented to show that
existing marinas are inadequate and cannot be expanded to meet regional demand.
2. Marinas shall be sited to prevent any restrictions in the use of commercial and
recreational shellfish beds. The specific distance shall be determined in conjunction
with the Washington~State Department of Health Services, the Washington State
Department of Ecology, and other agencies with expertise. Criteria for determining the
specific distance may include:
a. The size and depth of the water body;
b. , Tidal flushing action in the project area;
c. Size of the marina and projected intensity of use;
d. Whether fuel will be handled or stored;
e. Existence of a sewer hook-up; and
f. Expected or planned changes in adjacent land uses that could result in additional
water quality impacts or sanitary treatment requirements.
3. Marinas and public launch rams shall be allowed only on stable shorelines where
water depths are adequate to eliminate or• minimize the need for offshore or foreshore
channel construction dredging, maintenance dredging, spoil disposal, filling, beach
enhancement, and other harbor and channel maintenance activities.
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4. Marinas and launch ramps shall be located only in areas where there is adec)uate water
mixing and flushing and shall be designed so as not to retard or negatively rnfluence
flushing characteristics.
5. Boating facilities shall not require fixed breakwaters.
6. Marina and boat launch entrances shall not be located closer than one thousand (1,000)
feet from beaches commonly used for swimming, or from valuable areas for
commercial or recreational fishing or shellfish collection.
7. Marinas and launch ramps shall not be located at or along:
a. Significant littoral drift sectors, including resouice material areas such as,
feeder bluffs and accretion beaches, points, spits and hooks;
b. Wetlands, marshes, bogs, swamps and lagoons;
c. Mud flats and salt marshes; -
d. Fish and shellfish spawning and rearing areas; or
e. Poorly flushed lagoons and backwaters.
(See Section III, subsection D, Environmentally Sensitive Areas.)
8. Backshore marinas involving the creation of a basin for wet moorage shall be
prohibited by the Master Program.
9. Marinas shall not extend seawazd farther than the following limits:
a. In Eagle Harbor, the Construction Limit Line.
b. Elsewhere, the offshore ends of the adjacent marinas where present, and in no
instance two hundred (200) feet beyond extreme low tide or the -3 fathom
contour, whichever is less. [WAC 332-30-122(1) (ii) or its successor and WAC
332-30-142 (8)(d) or its successor].
Regulations -Design/Renovation/Expansion -
1. Proposals for marinas shall include public launch facilities unless the applicant can
demonstrate that providing such facilities is not feasible.
2. Marina design shall provide thorough flushing of all enclosed water areas and shaII not
restrict the movement of aquatic life regwiring shallow water.
3. The marina design shall minimize interference with geo-hydraulic processes and
disruption of existing shore forms.
4. Boating facilities shall be designed so their structures and operations will be
aesthetrcally compatible with or will enhance existing shoreline features and uses.
Boating facilities shall mitigate for adverse development impacts on-site and to adjacent
propertres.
5. Shoreline embankments of all boating facilities shall be stabilized both above and below
the water's edge both during and after construction.
6. Long-term dry moorage (for 6 or more vessels) and all other storage areas shall be set
back at a preferred distance of one hundred (100) feet from the OHWM. This shall not
apply to hand-launch vessels.
7. Short-term loading areas may be located at ramps or near berthing areas. Long-term
parking and paved storage azeas shall be separated from the OHWNi by a vegetated
native vegetation zone of at least fifty (50) feet.
8. Unless native vegetation on the perimeter of parking, dry moorage, and other storage
areas is retained, these perimeter areas shall be landscaped with native plants or other
approved materials. The permit application shall identify the size, location, and species
of landscaping materials stressing native vegetation.
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9. Public access, both visual and physical, shall be an integral part of all marina design
and development commensurate with the particular proposal and must include the
following;
a. ~ Views from upland lots and public view corridors shall be preserved. Visual
access shall not be reduced to less than thirty-five (35) percent of the width of
the lot, except that one-half of such requirement may be satisfied by an abutting
street or waterway.
b. Parking, landscaping, and recreational uses shall be permitted in the view
corridor provided all other Master Program provisions are met.
10. All boating facilities and accessory uses must conform to the general provisions
(Section III) and environment designation provisions (Section I'~, including meeting
the setback and height restrictions in Table 4-2.
Regulations -Parking and Circulation
1. To the maximum extent possible, marinas and accessory uses shall share parking
facilities, with marina usage given preference.
2. Parking facilities shall be provided according to the following schedule:
First 50 moorage slips: 1 vehicle space per 2 slips
Slips 51 to 100: 1 vehicle space per 3 slips
Slips over 100: 1 vehicle space per 4 slips
An additional parking space shall be provided for every four hundred (400) square feet
of interior floor space devoted to accessory retail sales or services. Where live-aboards
are permitted,- additional parking shall be provided at a rate of 1 vehicle per live-aboard
vessel or houseboat allowed.
3. Marinas and launch ramps shall be located where access streets are adequate to
handle the traffic load generated by the facility and shall be designed to
minimize other circulation and access conflicts. Backing of trailers on public
roads shall be prohibited and identified with appropriate signs.
4. Collector roads between marinas and arterial routes shall have all-weather surfacing and
be satisfactory to the City in terms of width, safety, alignment, sign distance, grade,
and intersection controls.
5. Marinas and boat launches shall be designed so that existing or potential public access
along beaches is not unnecessarily blocked nor made dangerous, and so that public use
of the surface waters below the OHWM is not unduly impaired.
6. At each public or quasi-public launch ramp, at least ten (10) car and trailer spaces at
least ten (10) feet by forty (40) feet shall be provided for each ramp lane.
Regulations -Utilities
1. All marinas shall have accessible boat sewage disposal systems on-site or other
pump-out services. Existing marinas shall ,comply within one (1) year of the effective
date of this regulation.
2 The marina shall provide facilities for the adequate collection and dumping of~marina
originated materials including, but not limited to, sewage, solid waste, and petroleum
waste.
3. All marinas shall provide restrooms for boaters' use. They shall be located within
seventy-five (75) feet of the landward end of the dock or pier, be identified by signs
and be accessible to tenants twenty-four (24) hours a day. Marinas with fewer than ten
(10) slips shall provide one (1) toilet and hand washing facility. Marinas with ten to
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected 1/9S)
75
4.
5.
one hundred slips shall provide one (1) toilet and hand washing facility for each
gender. Marinas exceeding one hundred (100) slips shall provide an additional toilet
and lavatory for each gender. Existing marinas shall comply within one (1) year of the
effective date of this regulation.
Distribution systems for plumbing and wiring at a marina site shall be placed at or
below ground and dock levels.
Public boat launch facilities shall provide and maintain dump stations and: restrooms or
portable toilets.
Regulations -Management and Operations
1. The dischazge of sewage and/or toxic material from boats and/or shore installations
shall be prohibited. The responsibility for the adequate and approved collection and
• disposal of marina originated sewage, solid waste, and petroleum waste is that of the
manna operator.
2. No commercial fish or shellfish processing discharge or discarding of unused bait,
scragfish, or viscera shall be permitted.
3. Mannas which dispense fuel shall have adequate facilities and establish posted
operational procedures for fuel handling and storage in order to prevent/minimize
accidental spillage.
4. Marinas shall have facilities, equipment, and established posted procedures for
containment, recovery, and mitigation of spilled petroleum, sewage, and toxic
products.
5. Marina operators shall post signs where they are readily visible to all marina users
.describing regulations:
a. Pertaining to handling and disposal of waste, wastewater, toxic materials, and
recycling;
b. Prohibiting the use of marine toilets (i.e., no untreated sewage discharge);
c. Prohibiting the disposal of fish and shellfish cleaning wastes; and .
d. Describing best management practices (BMPs) for boat maintenance and repairs
on site.
6. Garbage or litter receptacles shall be provided and maintained by the marina operator at
several locations convenient to users in sufficient numbers to properly store all solid
waste generated on site.
7. Marina docks shall be equipped with adequate lifesaving equipment such as life rings,
hooks, and ropes.
8. Swimming shall be prohibited within marina facilities unless the swimming azea is
adequately separated, protected, and posted.
9. If dredging at marina entrances changes the littoral drift processes and adversely affects
adjacent shores, the marina operator shall be required to periodically replenish these
shores with the appropriate quantity and quality of aggregate as determined by a
geo-hydraulic study, paid for by the operator and completed to the satisfaction of the
Director.
10. Temporarily vacant moorage spaces shall be made available for "transient moorage"
(less than two-week stay) when at least one of the following apply:
a. The marina is owned, operated, or franchised by a governmental agency
for use by the public;
. b. The marina provides more than three thousand (3,000) lineal feet of
moorage; or
c. The marina is part of a mixed-use development which includes
City of Bainbridge Island Shoreline hfaster Program
November 26, 1995 (Corrected I/98)
76
restaurants or other water-enjoyment uses.
Additional transient moorage requirements may be established for Eagle Harbor in the
Winslow Master Plan.
11. Marina operators shall execute a lease, contract, or deed which establishes permission
to use a slip for a stated period of time and which establishes conditions for use of the
slip, including the requirement that all boats meet applicable sanitation regulations.
Regulations -Boat Launches (includes marine railwavyl
(See subsections above for additional provisions.)
1. Boat launches may be allowed only on or along .low energy drift sectors.
2. Boat launches may be permitted on marine accretion shoreforms, provided any
necessary grading is not harmful to affected resources and any accessory facilities aze
located out of the floodway.
3. Boat launches may be allowed on stable banks where no or a minimum number of
current deflectors or other stabilization structures will be necessazy.
4. Boat launches shall not be permitted where the upland slope within twenty-five (25)
feet of the OHWM exceeds twenty-five (25) percent and/or where substantial cutting,
grading, filling, or defense works is necessary.
5. Boat launches, minor accessory buildings, and haul out facilities shall be designed to be
in character and scale with the surrounding shoreline. .
6. Boat launches shall be built from flexible, hinge-segmented pads which can adapt to
changes in beach profiles, unless a solid structure is demonstrated to be more
approppriate for the intended level of use.
7. Boat launches shall be placed and kept near flush with the foreshore slope to minimize
the interruption of geo-hydraulic processes.
8. Marine railways for boat launching shall be located on existing grade and shall not
obstruct access or littoral drift to and along the shoreline.
9. Parking and shuttle areas for launch ramps shall not be located on scarce accretion
shoreforms which have high value for general shore recreation.
E. Commercial Development
Applicability
Commercial development is subject to the provisions of Section N, Environment
Designations, including the standards in Table 4-2. Uses associated with commercial
development which are identified as separate uses in the Master Program are also subject to
those regulations. Examples are industry, boating facilities, transportation facilities, and
utilities. Shoreline modification activities, such as piers, docks, and bulkheads, aze subject to
provisions in Section VI. Section III, General Policies and Regulations, also applies to all
commercial uses.
City of Bainbridge Island Shoreline Master Program
Novcmbcr 26, 1996 (Corroctad U98)
77
Policies
New commercial development located in shoreline azeas should be limited to
water-oriented uses as defined herein. Commercial development in shoreline azeas
should be considered in descending order of preference as follows:
a. Water-de ndent uses;
b. Water-related uses; and
c. Water-enjoyment uses.
Nonwater-oriented uses should be discouraged.
2. Commercial developments should not be located over water unless the use is
water-dependent and requires over-water development.
3. New commercial development on shorelines should be located in those areas with
existing; compatible commercial uses and in a manner that will minimize sprawl and
the inefficient use of shoreline areas.
4. Commercial development should provide physical or visual access to the shoreline or
other opportunities for the public to enjoy the shorelines of the State.
5. Commercial developments should utilize multiple use concepts which include open
space and recreation.
6. Commercial development should be aesthetically and acoustically compatible with the
surrounding area.
7. View protection both to the water and from the water should be considered in the
design and review of commercial development.
Regulations
1. Water-de endent, water-related, and water-enjoyment commercial development shall be
permittedpin the Urban environment, may be allowed under a conditional use.permit in
the Semi-rural environment, and shall be prohibited in the Natural, Conservancy, Rural
and Aquatic Conservancy environments. -~
2. Commercial development shall be prohibited in the Aquatic environment, except water-
dependent commercial development requiring anover-water location which shall be
permitted in the Aquatic environment when permitted in the upland environment.
3. Nonwater-oriented commercial development may be allowed under a conditional use
permit in the Urban environment if it complies with all other applicable regulations and
the following circumstances are demonstrated:
a. Awater-oriented use is not reasonably expected to be located on the proposed
site due to topography, surrounding land uses, physical features, or the site's
separation from the water.
b. The proposed use will not interfere with adjacent water-oriented uses.
Nonwater-onented commercial developments shall be prohibited in all other
environments.
4. Mixed use developments may include nonwater-oriented commercial uses that aze
complementary to more dominant water-oriented uses. .
5. The City shall require and utilize the following information in its review of commercial
development proposals:
a. Nature of the commercial activity (water-dependent, water-related, water-
enjoyment, nontivater-oriented, mixed-use), Including a breakdown of specific
components;
b. Need for shoreline location;
c. Special considerations for enhancing the relationship of the activity to the
City of Bainbridge Island Shoro(ine titaster Program
tiovember 26, 1996 (Collected I/93)
~s
shoreline;
d. Provisions for public visual and physical access to the shoreline including
alternative enhancements;
e. Provisions to ensure that the development will not cause adverse impacts to the
natural and cultural environment;
f. For mixed-use proposals, proposed mix of water-oriented and nonwater-oriented
uses and activities, including an analyysis of public versus private spaces; and
g. Site design, structure locations, height and bulk considerations.
6. Public access shall be provided in conformity with the requirements of Section III,
General Policies and Regulations.
7.. Commercial parking as a primary use shall be prohibited within two hundred (200) feet
of the shoreline (OI~[WM).
F. Flood Hazard and Stormwater Management
Applicability
These provisions apply to primary flood hazard and stormwater management projects or
programs. They also apply to construction, maintenance, repair, .modification and/or
expansion of flood hazard management systems. Provisions applicable to individual properties
are in Section VI, Shoreline Modification Policies and Regulations. Some provisions in
Section III, General Policies and Regulations, may also apply.
Policies
1. Flood hazard management planning should be undertaken in a coordinated manner
among affected property owners and public agencies and should consider the
system-wide impacts of individual projects and the cumulative impacts of many
individual projects.
2. Flood hazard management works should be located, designed, constructed, and
maintained to provide:
a. Protection of the physical integrity of the shore process corridor and other
properties which may be damaged by interruptions of the geo-hydraulic system;
b. Protection of water quality and natural ground water movement;
c. Protection of fish, vegetation and other life forms and their habitat vital to the
aquatic food chain; and
d. Protection of recreation resources and aesthetic values such as point and channel
bars, islands, and other shore features and scenery.
3. Non-structural methods are preferred over structural flood control methods and should
be used wherever possible,. including prohibiting or limiting development in historically
flood prove areas, regulating structural design, and limiting increases in peak-flow
runoff from new upland development. Structural solutions to reduce shoreline damage
should be allowed only after it is demonstrated that nonstructural solutions would not
sufFiciently reduce the damage..
4. In design of publicly financed or subsidized works, consideration should be given to
providing public pedestrian access to the shoreline for low intensity outdoor recreation.
City of Bainbridge Island Shorclinc hfasttc Program
Novcmbcr 26, 1996 (CoRCCtcd !/98)
79
Regulations
1. Flood hazard management shall be a conditional use in the Conservancy, Rural, Semi-
rural, Urban and Aquatic environments and prohibited in the Natural and Aquatic
Conservancy environments.
2. ,The City shall require the applicant to provide the following information during its
review of shoreline flood management projects and programs.
a. Channel hydraulics and floodway characteristics up and downstream from the
project area;
b. Existing shoreline stabilization and flood protection works within the azea;
c. Physical, geological and soil charactenstics of the area;
d. Biological resources and predicted impact to fish, vegetation and animal habitat
associated with shoreline ecological systems;
e. Predicted impact upon azea shore and hydraulic processes, adjacent properties,
and shoreline and water uses; and
f. Analysis of alternative flood protection measures, both structural and
nonstructural.
3. Conditions of the Hydraulic Project Approval issued by Washington State Department
of Fish and Wildlife may be incorporated into permits issued for flood protection.
4. The City shall require engineered design of flood protection works, where such projects
may cause interference with normal geo-hydraulic processes leading to erosion or
adverse effects to shoreline resources and uses.
5. Flood protection measures that alter, reroute, or change the shoreline may be approved
as a conditional use only if it is demonstrated that other flood protection and planiung
measures would be insufficient. Alternative measures shall be considered, including
bioengineering techniques, development restrictions, shoreline setbacks, and
Comprehensive Planning.
G. Forest Practices
ApplicabilitX
Forest Practices are primarily regulated by the Washington Department of Natural Resources
under Chapter 222 WAC or its successor pursuant to the Forest Practices Act (RCW 76.09 or
its successor). This section supplements those regulations. Activities which are not regulated
under the Forest Practices Act are subject to cleanng and grading provisions in Section III,
General Policies and Regulations of the Master Program. Forest Practices are subject to
Sections III, IV, and VI of the Master Program.
Policies
1. Timber harvesting practices should be conducted in a manner which does not degrade
existing water quality, quantity and quality of fish and adjacent wildlife habitat.
2. Logging should be avoided on steep or unstable slopes, in unique or fragile areas and in
native vegetation zones.
3. Special attention should be directed in logging and thinning operations to prevent the
accumulation of slash and other debris in contiguous waterways.
4. Skid roads and fire trails should be located to minimize the disturbance to shoreline
resources and wildlife habitat. They also should be rehabilitated as necessary to
prevent erosion and import of sediments into contiguous waterways.
City of Bainbrid;e Island Shoreline Master Program
November 26, 1996 (Corrected U93)
so
5. Timber harvest in all shoreline areas should be limited to selective cutting which
protects the shoreline as a scenic view. Shorelines having outstanding scenic or habitat
qualities should be left in a substantially natural condition.
6. Reforestation in shorelines should be accomplished as quickly as possible. Replanting
or seeding should be done with native species.
Regulations
1. Forest Practices requiring a Forest Practices permit shall be allowed as a conditional
use in the Rural, Semi-rural, Urban and Conservancy environments, and shall be
prohibited in the Natural environment.
2. An undisturbed native vegetation zone of one hundred (100) feet from the OHWM
(measured horizontally) shall be required. This native vegetation zone shall be fenced
pnor to beginning any forest practices activities and protected during forest practices
(Table 4-2).
3. Commercial timber cutting within the shoreline jurisdiction shall be by selective cutting
and shall not exceed thirty (30) percent of the merchantable trees (not including trees in
native vegetation zone areas) in any ten-year period. Remaining trees shall be
distributed evenly throughout the shoreline area and shall be representative of the
species and age distribution in the stand prior to cutting.
4. Timber cutting within the shoreline jurisdiction shall be based on a harvest plan
approved by the City or other appropriate means as established by the City and its
regulations. The plan shall protect the shoreline jurisdiction and water bodies from
degradation caused by upland forest practices, as well as practices within the shoreline
junsdiction, and shall provide for protection of wildlife habitat.
5. The responsible forester shall maintain a log and map indicating species, age, and date
for each tree cut within the shoreline jurisdiction.
6. All timber harvesting shall comply with the current rules and regulations adopted under
the Forest Practices Act and the Timber, Fish and Wildlife agreement or their
successors..
7. Trees shall be directionally felled away from shorelines and other protected areas.
8. Forest Practices shall comply with BIMC Chapter 16.20, Environmentally Sensitive
Areas, as amended.
9. Wheeled and tractored equipment shall not be allowed within any native vegetation
zone or sensitive area.
10. Site preparation by burning and scarification piles shall be prohibited within shoreline
jurisdiction.
11: Skid roads, fire trails, abandoned roads, and other erodible soil conditions caused by
timber harvest operations shall be water-barred, as needed, on completion of the
activity.
12. Replanting or seeding shall be accomplished during the first planting season.
13. When timberland is to be converted to another use, such conversion shall be clearly
indicated on the Forest Practices application. Failure to indicate the intent to convert
the timberland to another use on the application will result in subsequent conversion
proposals being reviewed as conditional use applications. Such failure to declare intent
to convert on the application shall provide adequate grounds for denial of subsequent
conversion proposals for a period of six (6) years from the date of the Forest Practices
application approval, [RCW 76-09-060(3)(b)(I) or its successor]. Timber harvest shall
not be permitted until local plat approval or other applicable land use authorization has
been given, and any required shoreline permits have been issued for the land division(s)
or intended use(s).
City of BainSridge Island Shoreline Master Program
November 26, 1996 (Cornered 1/93)
sl
Avnlicability
Uses and activities associated with industrial development which are identified as crate uses
(this section) or as shoreline modification activities (Section VI) are also subject to those
regulations. Examples include transportation facilities, utilities, dredging, landfill, piers and
docks, and bulkheads. Industrial development is subject to Section III, General Policies and
Regulations, and Section IV, Environment Designations.
Policies
1. Regional and state-wide needs for industrial facilities should be carefully considered in
reviewing new proposals as well as in allocating shorelines for such development.
Such reviews or allocations should be coordinated with port districts, adjacent counties
and cities, and the State in order to minimize new industrial development which would
unnecessarily duplicate under-utilized facilities elsewhere in the region or result in
unnecessary adverse impacts on other jurisdictions.
2. Expansion or redevelopment of existing, legally established industrial areas, facilities,
and services with the possibility of incorporating mixed-use development should be
encouraged over the addition and/or location of new or single-purpose industrial
facilities.
3. Joint use of piers, cargo handling, storage, parking, and other accessory facilities
among private or public entities should be strongly encouraged or required in
waterfront industnal areas.
4. Industrial development should not be located on sensitive and ecologically valuable
shorelines such as natural accretion shoreforms, areas regulated under the City's .
environmentally sensitive areas ordinance, and their native vegetation zones.
5. New, industrial development should be required to provide physical and/or visual
access to shorelines and visual access to facilities whenever possible, and when such
access does not cause significant interference with operations or hazards to life and
property.
6. Preference should be given to locating new industrial development on those parts of the
shoreline where industrial development is already permitted.
7. Preferred industrial uses are small boat haul-out and repair facilities and water-oriented
industry serving local boating needs.
8. Sustainable (low energy) industrial uses shall be preferred over more consumptive uses.
Regulations -General
1. Water-dependent industry shall be permitted in the Urban environment, and those
portions of the Aquatic environment which are waterward of the Urban environment
and prohibited in all other environments. Water-related industry shall be a conditional
use in the Urban environment and prohibited in all other environments. Nonwater-
oriented industry shall be prohibited in all environments.
2. Proposed industrial developments shall be consistent with any applicable comprehensive
waterfront and/or long-range harbor development plans.
3. Except where otherwise provided for in an official plan, industrial development shall be
consistent with existing uses of neighboring shoreline areas.
City of Bainbridge island Snorelina blaster Program
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H. Industry
4. Proposed development shall maximize the use of legally established, existing industrial
facilities and avoid duplication of pier and dock facilities before expanding into
undeveloped areas or building new facilities.
5. Water-related industrial development shall be set back from the OHWM a sufficient
distance to avoid disturbance of the native vegetation zone. (See Section III for native
vegetation zone and Section IV, Table 4-2 for .dimensions.)
6. Accessory development which does not require a shoreline location shall be located
upland of the water-dependent portions of the development and set back from the
OHWM as established in Section IV, Table 4-2. This category includes, but is not
limited to, parking, warehousing, open air storage, waste storage, storm runoff control
and treatment facilities, utilities, and land transportation development.
7. The developer must demonstrate adequate mitigation of negative environmental impacts
including, but not limited to, air; water, aesthetics, noise pollution, and. sensitive areas.
Industrial development shall comply with the City's environmentally sensitive areas
regulations, BIMC 16.20.
8. Water-dependent industry shall be located and designed to minimize the need for initial
and/or continual dredging, filling, dredge material disposal, and other harbor and
channel maintenance activities.
9. Piers, moorage, slips, floats, and launching facilities may be permitted accessory. to
industrial development, provided:
-a. The facility will serve awater-de ndent use.
b. The facility does not constitute a hzzard to navigation.
c. All other provisions pertaining to these uses are met.
10. Offshore facilities, floating docks, and artificial islands for deep-water port expansion
shall not be permitted except by conditional use permit, provided it can be
demonstrated that such development or expansion will not adversely impact the marine
environment or diminish the natural productivity of the estuarine or aquatic system.
11. Storage and/or disposal of industrial wastes is prohibited within shoreline junsdiction.
12. At new or expanded port and/or industrial developments, the best available facilities,
practices and procedures shall be employed for the safe handling of fuels and toxic or
hazardous materials to prevent them from entering the water, and optimum means shall
be employed for prompt and effective clean-up of those spills that do occur.
Regulations - Desi~ •
1. Those portions of the industrial development which are not water-dependent and do not
require direct contact with the water or shoreline shall be set back from the shoreline at
a sufficient distance to minimize impacts to water quality, to other shoreline uses and to
the shoreline as a scenic view. (See Section IV, Environment Designations,.Table 4-
2.)
2. Consistent with provisions in Section III, subsection G, Public Access, ports and/or
water-dependent industry shall provide public access to the shoreline and/or provide
opportunities for public viewing of the industrial activity whenever feasible and safe.
3. Display and other exterior lighting shall be designed and operated to minimize~glare
impacts to nearby properties and local traffic.
4. Log storage in water shall be prohibited.
5. See Section III, subsection K, Water Quality, for stormwater requirements.
City of Bainbtid~a Island Shoreline Master Program
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Regulations - Shy and Boat Building and Repair Yards
1. The shipyard shall employ best management practices (BMPs) concerning the various
services and activities they perform and their impacts on the surrounding water quality.
Standards for BMPs shall be found in Best Management Practices for Small Boat
Yards (The Lake Union Association, November 1990, or most recent edition).
2. Mobile services shall comply with the applicable BMPs described in the most recent
edition of Best Management Practices for Small Boat Yards ('The Lake Union
Association, November 1990, or most recent edition). Any cleaning, surfacing, or
resurfacing operation occurring over water that may result m the entry of debris, such
as paint chips, shall employ tarpaulins temporarily affixed to the hull above the water
line. Prior to removing the tarpaulins, the accumulated contents shall be removed by
vacuuming or an equivalent method.
I. Mining
A.~ylicability
Mining is the removal and primary processing of naturally occurring materials from the earth
for economic use. For purposes of this definition, "processing" includes screening, crushing,
stockpiling, all of which utilize materials removed from the site where the processing activity
is located. Mining activities also include in-water dredging activities related to mineral
extraction. Processing does not include general manufacturing, such as the manufacture of
molded or cast concrete or asphalt products, asphalt mixing operations, or concrete batching
operations.
Policies - ~~
1. Mining is prohibited within the shoreline jurisdiction.
Regulations
1. Mining, including the excavation of sand, gravel, and other minerals, shall be
prohibited within the shoreline jurisdiction.
2. Impacts to shorelands and water bodies due to mining operations upland of the
shoreline jurisdiction shall be minimized. -
J. Recreational Development
Applicability, ,
These provisions apply to development, not to casual use of undeveloped open space. They
also apply to both publicly and privately owned facilities intended for use by the general
public, private clubs, groups, associations, or individuals. Recreational development is subject
to Section III, General Policies and Regulations; Section IV, Environment Designations,
including Table 4-2, Setbacks and Height;, and Section VI, Shoreline Modifications Policies
and Regulations.
City of Bainbridge Island Shoreline I`tastcr Program
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Policies
1. The coordination of local, State and Federal recreation planning should be encouraged
so as to mutually satisfy recreational needs. Shoreline recreational developments
should be consistent with all adopted pazk, recreation, and open space plans.
2. The location and design of shoreline recreational developments should relate to local
population characteristics, density, and special activity demands. Acquisition priorities
should consider these needs, demands, and special opportunities as well as public
transit access and access for the physically impaired, where planned or available.
3. Shoreline areas with potential for recreation or public access should be identified and
acquired by lease, purchase, or easement and incorporated into the public park and
open space system.
'4. A vanety of compatible recreational experiences and activities should be encouraged to
' satisfy diverse recreational needs.
'S. The linkage of shoreline pazks, recreation azeas, and public access points as linear
systems, such as hiking paths, bicycle paths, easements and/or scenic drives, should be
encouraged.
6. Recreational developments should be located, designed, and operated to be compatible
with and minimize adverse impacts on environmental quality and valuable natural
features as well as on adjacent and surrounding land and water uses.
7. Recreational developments should be located and designed to preserve, enhance, or
create scenic views and.vistas.
8. Where appropriate, passive recreational uses may be permitted in floodplain areas.
9. The use of shoreline street ends and publicly owned lands for public access and
development'of recreational opportunities should be encouraged.
10. The use of off-road vehicles should be prohibited in all shoreline areas.
11. The use of jet skis and similar recreational equipment should be restricted to areas
where no conflict with wildlife habitat and other uses exists.
12. All recreational developments should make adequate provisions for:
a. Vehicular and pedestrian access, both on-site and off-site;
b. Proper wastewater and solid waste disposal methods;
c. Security and fire protection;
d. The prevention of overflow and trespass onto adjacent properties, including, but
not limited to, landscaping, fencing, and posting of property; and
e. Screening and native vegetation zoning of such development from adjacent
private property.
13. Trails and pathways on steep shoreline bluffs should be located, designed, and
maintained to protect bank stability.
14. Recreational developments and plans should recognize the primacy of preserving the
natural character, resources, and ecology of shorelines of state-wide significance
(tidelands).
Regulations -General
1. Water-oriented recreational uses shall be permitted in the Conservancy, Rural, Semi-
rural, Urban, and Aquatic environments. Development to accommodate passive
(nonintensive) water-dependent andlor water-oriented recreational or educational uses
shall be allowed as a conditional use in the Natural environment. Recreational
development shall be prohibited in the Aquatic Conservancy environment.
2. The City shall consult applicable state and local health regulations when issuing
Cuy of t3ambndgc Island Shoreline Msstar Program
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shoreline permits for recreational facilities. [WAC 173-16-060-21(k) or its successor].
3. Valuable shoreline resources and fragile or unique areas such as marshes, bogs,
swamps, estuaries, wetlands, and accretion beaches, shall be used only for passive and
nondestructive recreational activities.
4. All permanent, substantial, recreational structures and facilities shall be located outside
officially mapped floodways, provided the City may grant administrative exceptions for
passive minor accessory uses (e: g., picnic tables, tennis courts, etc.).
5. Substantial accessory use facilities; such as restrooms, zecreation halls and
gymnasiums, commercial services, access roads, and parking areas, shall be set back
from the OHWM unless it can be shown that the facilities aze essentially
water-dependent. These areas may be linked to the shoreline by walkways.
6. For recreation developments that require the use of fertilizers, pesticides, or other toxic
chemicals, such as golf courses and playfields, the applicant shall submit plans
demonstrating the methods to be used to prevent these chemicals and the resultant
leachate from entering::adjacent water bodies and wetlands. Native vegetation zone
strips and, if practical; shade trees shall be included in the development. The City shall
determine the minimum width necessary for chemical-free, native vegetation zone
strips, but in no case shall the native vegetation zone strip be less than fifty (50) feet.
7. The use of time-release fertilizer and herbicide shall be preferred over liquid or
concentrate application for lawns within shoreline junsdiction.
9. The use of off-road vehicles shall be prohibited in all shoreline areas.
10. The use of jet skis and similar recreational equipment shall be prohibited in the Aquatic
Conservancy environment.
Regulations -Design
1. The development shall maintain, enhance, or restore desirable shoreline features
including unique and fragile areas, scenic views, and aesthetic values. To this end; the
City may adjust and/or prescribe project dimensions, location of on-site project -:
components, intensity of use, screening, parking requirements, and setbacks as deemed
appropriate.
2. Recreational developments shall provide facilities for nonmotorized access to the
shoreline such as bicycle and/or pedestrian paths.
3. Motorized vehicular access is prohibited on beaches and spits, except for boat
launching activities. Recreational facility design and operation shall prohibit the use of
all-terrain and off-road vehicles in the shoreline area.
4. The removal of on-site native vegetation shall be limited to the minimum necessary for
the development of campsites, selected views, or other permitted structures or facilities.
(See Section III, subsection B, Clearing and Grading.) _
5. No recreational buildings or structures shall be built over water, except as provided for
in Section VI, Shoreline Modification Policies and Regulations.
6. Prpposals for recreational development shall include adequate facilities for water supply
and sewage and garbage disposal. Where sewage treatment facilities are not available,
the appropnate reviewing authority shall limit the intensity of development to meet
local and State on-site sewage disposal requirements. On-site sewage disposal systems
shall be located landward of~the development.
7. Recreational facilities shall minimize impacts on adjacent and nearby private property
through use of screening, native vegetation zone stnps, fences, and signs.
City of L'ainbridge Island Shoreline Master Program
C~ovember 26, 1996 (Corrected 1/9S~
s6
Regulations -Golf Courses
1. Golf courses shall be a conditional use requiring both a conditional use permit and a
substantial development ppeermit in the Conservancy, Rural, Semi-rural, and Urban
environments, and shall be prohibited in the Natural, Aquatic and Aquatic Conservancy
environments.
2. Golf courses shall be designed with a one hundred (100) foot undisturbed native
vegetation zone from the OHWM.
3. Golf course fairways shall not cross streams which aze within shoreline jurisdiction.
Courses which are proposed to occupy both sides of such streams should be designed to
avoid bridge crossings.
4. Degraded shorelines shall be revegetated with native species (trees, Masses, ferns, and
other woody species) representative of undisturbed ripanan communities in the
immediate azea, or those in the same or similar ecological- zones. This revegetation
shall occur in, but not be limited to, the one hundred (100) foot native vegetation zone
area.
5. Snags and living trees (i.e., large cedar, fir, alder, maple, etc.) shall not be removed
from the one hundred (100) foot native vegetation zone azea unless they are deemed
extreme hazards by a professional azborist and the azea biologist of the Washington
Department of Fish and Wildlife.
6. Golf cart routing shall be set back two hundred (200) feet from OHWM, unless
combined with a public access trail system. If combined with a public access trail, it
shall be located at least one hundred (100) feet from OHWM.
7. Wildlife resting or feeding on golf courses located within jurisdiction of the Shoreline
Management Act shall not be harassed.
8. A chemical management flan designed to eliminate the possibility of damage to
riparian vegetation, wildlife, and surface and ground water duality shall be prepared
and implemented for golf courses located in shoreline junsdiction.
9. Broadleaf and broad-spectrum (capable of killing all vegetation) herbicides shall be
used only for spot application with wicking, or small spray equ>,pment on noxious
weeds on the applicable USDA Soil Conservation Service list of noxious weeds, within
the two hundred (200) foot native vegetation zone. Hand and mechanical control of
noxious weeds shall be encouraged in the chemical management plan. All other
applicable local, State and Federal regulations and label requirements shall be adhered
to in the use of such chemicals.
10. Public access for passive recreation shall be provided within shoreline jurisdiction.
K. Residential Development
ApplicabilitX
All development in the shoreline jurisdiction must comply with the Shoreline Management Act
(Chapter 90.58 RCW or its successor) and the Master Program. While an individual owner-
occu~ied, single-family residence and its "normal appurtenances" are exempt from the
requirement that a substantial development permit (SSDP) be obtained from the local
government (WAC 173-14-040 or its successor), they must comply with this section and other
provisions of the Master Program. Subdivisions and short plats must also comply with all
applicable provisions.
In some circumstances a conditional use permit is required for developments which are exempt
City of Bainbridge Island Shoreline blaster Program
November 26, 1996 (Corrected 1/9R)
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from the SSDP. In other situations a variance may be needed because of inability to conform
to Master Program standards.
Residential development is subject to Section III, General Policies and Regulations which
contains provisions for a native vegetation zone adjacent to and landward of the ordinary high
water mark (OHW11~, clearing and grading restrictions, public access requirements,
environmentally sensitive areas provisions, on-site utilities, and others. Section IV,
Environment Designations, also apply to residential development. Shoreline modifications
(e.g., bulkheads and revetments, piers and docks) are provided for in Section VI. Residential
development is also subject to the BIMC 16.20, Environmentally Sensitive Areas.
Policies
1. Residential development should be permitted only where there are adequate provisions
for utilities, circulation, and access.
2. Adequate provisions should be made for ground water protection, erosion control,
drainage systems, aquatic processes, open space, and aquatic and wildlife habitat.
3. The overall density of development, location of structures and access, lot coverage, and
height should be appropriate to the physical capabilities and characteristics of the site.
4: Recognizing the single-purpose, irreversible and space-consumptive nature of shoreline
residential development, new development should provide adequate setbacks and native
vegetation buffers from the water, and ample open space in side yards to preserve
views from both land and water and to protect natural features and functions.
5. Structures and appurtenances should be designed and located to blend into the site,
preserving views from the shoreline and vistas of the shoreline, and minimizing impacts
on the environment.
6. Development in side yards should be restricted in order to preserve vegetation between
developments, mitigate the effect of a "wall" of structures along the shoreline, and
enhance public and private view potential.
7. When waterfront properties are divided, common access to the water should be
provided to all resulting lots.
8. New residential development and accessory uses should be prohibited from locating in
environmentally sensitive areas (and their native vegetation zones) including marshes,
bogs, swamps, mud flats, steep or unstable slopes, floodways, fish and wildlife habitat,
migratory routes and spawning areas, and manne vegetation areas.
Regulations -General
1. Residential development shall be permitted in the Rural, Semi-rural, and Urban
environments, shall be conditional uses in the Conservancy environment, and shall be
prohibited in the Natural, Aquatic, and Aquatic Conservancy environments.
2. Land division shall be permitted in the Rural, Semi-rural, and Urban environments and
shall be allowed as a conditional use in the Natural and Conservancy environments.
Properties in water environments, Aquatic and Aquatic Conservancy, shall be~regulated
the same as the adjacent upland.
3. The total area of the native vegetation zone shall consist of an area equivalent to the
length of the property along the shoreline times the depth required for the environment
in which the property is located. (See Section III, General Policies and Regulations,
subsection E, Native Vegetation Zone.)
4. In conformity with Section III, subsection E, Native Vegetation Zone, regulation 9,
the configuration of the native vegetation zone may be altered by as much as
t
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected 1/98)
ss
twenty-five (25) percent to allow flexibility in using the property for certain specific
purposes. However, the native vegetation zone shall never a less than twenty five
(25) feet. The purposes for which the 25 percent flexibility may be used shalt include,
and be limited to, the following:
a. Replacing native vegetation with exotic vegetation;
b. Siting permitted accessory structures (see regulation 10 below); and/or
c. Siting the primary residence closer to the water.
5 • Except as otherunse provided below, the required depth of the native vegetation zone
for residential uses shall be as follows: twen -five (25) feet in the Urban
environment, fifty (50) 'feet in the Rural and ~emi-rural environments, and one hundred
(100) feet in the Conservancy environment. (Also shown in Table 4-2, Use-Related
Development Standards Matrix.)
6. In the Semi-rural environment where an existing residential use has been legally
constructed with a setback of twenty-five (25) feet or less, twenty-five (25) feet may be
used as the setback when the' Director makes a finding that:
a. The proposed construction will not further obstruct the view from the most
waterward indoor portion of a primary residence on an abutting property on
either side and
b. The property is not upland of an Aquatic Conservancy environment.
7. In the Semi-rural environment where there are adjacent pnmary residences within
twenty-five (25) feet of the side property line on ~oth sides of the property and both are
less than fifty (50) feet from the OHWM, the average setback of the adjacent properties
may be used as the required depth of the native vegetation zone, provided that:
a. The property is not upland of an Aquatic Conservancy environment and
b. The setback from OHWM may not be less than twenty-five (25) feet.
8. Side -yards within two hundred (200) feet of OHWM, except in the Urban environment,
shall total at least thirty (30) percent of the lot width and shall remain free of above-
ground structures and impervious surfaces except that fences up to four (4) feet high
shall be allowed.
9. No accessory structures shall be located within the required native vegetation zone,
except a stairway to the beach, a tram, a pier or dock, a boat house, permeable decks
less than thirty (30) inches in height above grade, and fences, provided that they
conform to all other City and State requirements, including provisions of the Master
Program.
10. Single-family dwellings shall not be permitted where flood control, shoreline protection
measures, or bulkhead>.ng is required to create a buildable site. All structures shall be
located and designed to avoid the need for structural shore defense. '
11. Design and location of accessory structures shall protect existing views from adjacent
principal buildings on adjacent properties and minimize adverse impacts to the
environment.
12._ Accessory dwelling units are conditional uses on lots abutting the shoreline.
13. In the Rural, Semi-rural, and Urban environments, a boat house or boat storage deck in
no case shall exceed 200 square feet in size and 12 feet in height above existing: grade
and shall be in accordance with regulations 5 and 10 above. It shall also be cons>dered
a normal appurtenance to residential development not requiring a shoreline substantial
development permit (SSDP), provided that the location Is not upland of an Aquatic
Conservancy environment.
14. In the Rural, Semi-rural, and Urban environments, permeable (slatted) decks of one
h~lndred twenty (120) square feet or less that do not exceed thirty (30) inches in height
above grade, shall be permitted in connection with regulation 5, above, provided the
City of Eainbridgc Island Shorclina htastec Program
Itiovcmber 26, 1996 (Corrected I/9S)
s9
location is not upland of an Aquatic Conservancy environment.. It shall also be
considered a normal appurtenance to residential development not requiring a shoreline
substantial development permit (SSDP), provided that the location is not upland of an
Aquatic Conservancy environment.
15. In the Rural, Semi-rural and Urban environments, hand-installed steps to the beach, or
as dart of a trail system, shall be permitted in the native vegetation zone.
16. Stairways to the beach of less than one hundred twenty (120) square feet shall be
permitted in the Rural, Semi-rural, and Urban environments.. It shall also be
considered a normal appurtenance to residential development not requiring a shoreline
substantial development permit (SSDP), provided that the location is not upland of an
Aquatic Conservancy environment. Stairwayys exceeding one hundred-twenty (120)
square feet in footpnnt and all stairways in the Natural and Conservancy environments
shall require a conditional use permit.
17. All stairways to the beach shall require a building permit and conform to standards as
defined by the Building Official.
18. Vessels having owners living aboard shall be allowed only at marinas or in a designated
area of Eagle Harbor to be administered by the City of Bainbridge Island. Individuals
who wish to moor in the designated area must register their vessel with the police and
sign alive-aboard agreement with the City. Such vessels must comply with all marine
regulations, policies and procedures of the Coast Guard, Federal and State governments
which pertain to health, safety and/or environmental protection. Proof of
seaworthiness of the vessel and the adequacy of the mooring arrangement must be
provided and laws governing all the citizens of Bainbridge Island must be obeyed. The
City will charge fees to cover administrative costs and reserves the right to terminate
the live-aboard agreement and expel and non-compliant vessel from the harbor.
19. All residential development shall comply with BIMC 16.20, Environmentally Sensitive
Areas.
20. All residential development shall meet setback and height standards in Table 4-2.
L. Transportation Facilities - .
Applicability
Transportation facilities are also subject to Section III, General Policies and Regulations; Section
IV, Environment Designations; and Section VI, Shoreline Modification Policies and Regulations.
As provided in Section III, shoreline development is subject to BIMC 16.20, Environmentally
Sensitive. Areas.
Policies
1. In planning for new transportation systems, priority should be given to transportation
modes favoring, in order of preference, pedestrian, including passenger-only ferry
service, and bicycle and mass transit systems. New roads and bridges, excepfaccess
roads, should not be allowed.
2. Trail and bicycle systems should be encouraged as a preferred access to and along the
shoreline.
3. When existing transportation corridors are abandoned, they should be acquired for
water-dependent use or public access. ~.
4. Joint use of transportation and utility rights-of-way within shoreline jurisdiction for
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected 1/93)
90
roads and utilities should be encouraged.
5. Highway modifications which promote stream restoration or mitigate existing
environmental damage should be encouraged.
6. Pedestrian trail systems to and from the ferry should be encouraged.
7. Nonwater-oriented and water-related facilities should be located outside the shoreline
jurisdiction.
Regulations -General
1. Trails shall be permitted in all upland environments.
2. Publicly-owned ferry terminals and services, except over-water facilities, are allowed
as a permitted use in the Urban environment and in the adjacent aquatic environment.
New over-water facilities in conjunction with a permitted ~erry terminal may be
allowed as a conditional use in the Urban environment and in the adjacent aquatic
environment and aze prohibited in all other environments. Normal repair and
maintenance of existing facilities do not require a conditional use permit, but may
require an SSDP.
3. Float lane facilities and services are a conditional use in the Urban environment and in
the adjacent aquatic environment and are prohibited in all other environments.
4. New Yughways, arterials, secondary roads, railroad facilities, and heliports shall be
prohibited in all environments.
5. No new bridges to Bainbridge Island shall be allowed.
6. New access roads shall be allowed only where required because of one of the
following:
a. Other means of access are either infeasible or environmentally unacceptable or
b. The road is needed for ferry service.
7. All transportation facilities shall be prohibited in the Aquatic Conservancy
environment.
8. Transportation facilities and services shall utilize existing transportation comdors
whenever possible, provided that facility additions and modifications will not adversely
impact shoreline resources and are otherwise consistent with this program. If expansion
of the existing corridor will result in significant adverse impacts, then a less disruptive
alternative shall be utilized.
9. Transportation and primary utility facilities shall be required to make joint use of
rights-of--way and to consolidate crossings of water bodies where doing so minimizes
adverse impacts to the shoreline.
10. Transportation facilities are prohibited in hazardous areas such as steep slopes or
(unstable) soils, or in front of feeder bluffs, over driftways or on accretion shoreforms.
See also BIMC 16.20, Environmentally Sensitive Areas.
11. Landfills for transportation facility development are prohibited in water bodies,
wetlands, marshes, bogs, swamps and on accretion beaches, provided that when all
structural and upland alternatives have been proven infeasible and the transportation
facilities aze necessary to support uses consistent with this program they may be
allowed as conditional uses. Transportation facilities must comply with BIMC, Chapter
16.20, Environmentally Sensitive Areas.
12. Shoreline road ends may not be vacated except in compliance with RCW 35.79.035 or
its successor.
13. All transportation facilities shall meet the height and setback standards in Table 4-2 and
are subject to applicable landfill and dredging provisions in Section VI, D. and E. of
this Shoreline ~4aster Program.
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected l/93)
91
Regulations -Construction and Maintenance
1. Overburden, debris, and other waste materials from both construction and maintenance
activities, including drainage ditch clearance, shall not be deposited into or cast on the
side of roads with a shoreline, water body, wetland, estuary, tideland, accretion beach,
and other unique natural azea. Such materials shall be deposited in stable locations
where re-entry and erosion into such azeas is prevented.
2. All shoreline azeas disturbed by facility construction and maintenance shall be replanted
and stabilized with approved vegetation by seeding, mulching, or other effective means
immediately uppoon completion of the construction or maintenance activity. Such .
vegetation shall be maintained by the agency or developer constructing or maintaining
the road until established.
3. The City shall give preference to mechanical means rather than the use of herbicides
for roadside brush control on city roads in shoreline jurisdiction. '
4. No machinery shall be operated within or along a stream bed, marine shoreline, lake,
wetland ~or pond except in compliance with a hydraulics permit issued by the
Washington State Department of Fish and Wildlife.
5. Existing roads which are parallel to shoreline azeas shall be adequately maintained with
compatible, self-sustaining vegetation. Shoreline scenic drives and viewpoints may
provide breaks periodically in the vegetative buffer to allow open views of the.water.
M. Utilities (Primary and Accessory) (Also see Section III, J.)
Applicability
This section applies to utility systems. See Section III, General Policies and Regulations =for
provisions about on-site accessory use utility. Section IV, Environment Designations, and
Section VI, Shoreline Modification Policies and Regulations also apply. Utilities are subject to
BIMC, Chapter 16.20 Environmentally Sensitive Areas.
Policies
1. Utilities should utilize existing transportation and utility sites, rights-of--way, and
corridors whenever possible, rather than creating new corridors. Joint use of
rights-of--way and corridors should be encouraged.
2. Utilities should be prohibited in shoreline jurisdiction unless no feasible alternative
exists. -
3. New utilities should not be allowed where extensive shoreline protection works are
required.
4. Utilities and utility corridors locations should protect scenic views. Whenever feasible,
such facilities should be placed underground or alongside or under bridges.
5. Utilities and utility rights-of--way should be designed to minimize conflicts with present
and planned land uses.
6. Solid waste disposal activities and facilities should not be located in shoreline meas.
Regulations -General
1. Primary use utilities may be allowed as a conditional use in the Rural, Semi-rural,
Urban, and Aquatic environments . They are prohibited in Natural, Conservancy and
Aquatic Conservancy environments.
City of Bainbridge Island Shoreline htastcr Program
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2. The following uses shall be prohibited within shoreline jurisdiction:
a. New solid waste disposal sites and facilities;
b. Radio, cellular phone and microwave towers;
c. Utilities requiring withdrawal of water from streams, and
d. Power-generating facilities.
6. Applications for installation of utilities shall include the following:
a. Description of the prop sed facilities;
b. Reason(s) why the utility requires a shoreline location;
c. Alternative locations considered and reasons for their elimination. Special
attention should be liven to evaluation of locating the proposed facility at
another existing utility site or within an existing utility right-of--way;
d. Location of other utilities in the vicinity of the proposed project and discussion
of any support for shared use of the proposed site;
e. Plans for restoration of disturbed areas both during construction and following
decommissioning and/or completion of the primary utility: s useful life;
f. Plans for control of erosion and turbidity during construction and operation; and
g. Plans for traffic and noise control during construction and operation.
7. Where utilities own rights-of--way in fee title, utility development shall, through
coordination with local government agencies, provide for compatible, multiple use of
sites and rights-of--way, provided such uses will not unduly interfere with utility
operations, endanger public health and safety, or create a significant and
disproportionate liability for the owner. Such uses include shoreline access points, trail
systems, and other forms of recreation and transportation.
8. Utility lines shall utilize existing rights-of--way, corridor and/or bridge crossings
whenever possible, and shall avoid duplication and construction of-new or parallel
corridors in all shoreline areas. Proposals for new corridors or water crossings must
fully substantiate the infeasibility of existing routes.
Regulations -Location and Design --
1. Whenever possible, new distribution lines, including electricity, communication, and
fuel lines, shall be located underground. Existing, above-ground lines shall be moved
underground during normal replacement processes.
2. Transmission and distribution facilities shall cross areas of shoreline jurisdiction by the
shortest, most direct route feasible, unless such route would cause significant
environmental damage.
3. Utilities shall be located and designed so as to avoid the use of any structural or
artificial shore defense or flood protection works.
4. Where major facilities must be placed in a shoreline area, the location and design shall
be chosen so as not to destroy or obstruct scenic views.
5. Utility development shall comply with required setbacks (see Environment Designations
in Section IV) to provide screening of facilities from water bodies and adjacent
properties. Type of screening required shall be determined by the City on a~case-by-
case basis.
6. Underground (or water) utility lines shall be completely buried under the stream bed in
all stream crossings except where such lines may be affixed to a bridge structure and
except for appropriate water or sewage, treatment plant intake pipes or outfalls.
7. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or
potentially inliinous to water quality are prohibited, unless no other alternative exists.
City of Bainbridge Island Shoreline Master Program
tiovcmber 26, 1996 (Corrected l/98)
93
In those limited instances when permitted by conditional use, automatic shut-off valves
shall be provided on both sides of the water body.
8. Construction of utilities under water or in adjacent wetlands shall be timed to avoid fish
migratory and spawning periods and shall be consistent with Washington State
Department of Fish and Wildlife requirements.
9. Landfilling in shoreline jurisdiction for utility or utility line development purposes is
prohibited. Permitted crossings shall utilize bier or open pile techniques.
10. Clearing of native vegetation for the installation or maintenance of utilities shall be kept
to a minimum. Upon project completion, disturbed native vegetation areas shall be
restored as nearly as possible to pre project conditions. Other disturbed areas shall be
replanted with. native or other approved species. Replanted areas shall be regularly
maintained until established.
11. All utilities shall meet the height and setback standards in Table 4-2.
City of Bainbridge Island Shoreline Masttr Program
fYovtmbtr 26, 1996 (Correctcd 1198)
94
Section VI SHORELINE MODIFICATION POLICIES AND
REGULATIONS
A. General.Shoreline Modification Provisions
Applicability
These provisions pertain to all shoreline modification activities associated with or in support of
a specific shoreline use. They also apply to projects whose chief intent is to protect the
shoreline of a pazticulaz property for which the permit applies.
Flood control projects and flood control programs must also conform to the provisions in
Section V, Subsection F, Flood Hazard and Stormwater Management. '
Policies
1. Riprapping and other bank stabilization measures should be located, designed, and
constructed primarily to prevent damage to existing development and property.
2. All new development should be located and designed to prevent or minimize the need
for shoreline stabilization measures and flood protection works.
3. Stabilization and protection works which are more natural in appearance, more
compatible with on-going shore processes, and more flexible for long-term streamway
management, such as protective berms or vegetative stabilization, should be utilized
over structural means such as concrete revetments or extensive riprap.
4. Structural solutions to reduce shoreline damage should be permitted only after it. is
demonstrated that nonstructural solutions would not be able to achieve the same
purpose.
5. Sloping revetments or other energy-dissipating designs are preferred to reduce the '
destructive scouring effect of bulkheads on beaches.
6. Shoreline stabilization projects should provide for long-term multiple use and shoreline
public access, where appropriate.
7. Natural features such as snags and stumps which support fish and other aquatic
systems, and which do not intrude on the navigational channel or threaten other
permitted uses, should be left undisturbed except in cases of an approved beach ,
stabilization project.
Regulations -
1. A1>< shoreline modification activities must be in support of an allowable shoreline use
that is in conformance with the provisions of the Master Program. All shoreline
modification activities not in support of a conforming shoreline use aze prohibited.
Exception: Shoreline stabilization may be allowed as a shoreline use provided it can be
demonstrated that such activities are necessary for the maintenance of shoreline stability
and habitat, and complies with all other provisions of the Shoreline Master Program.
2. All applicable Federal and State permits shall be obtained and complied with in the
construction and operation of shoreline stabilization and flood protection works.
3. All new development activities shall be located and designed to prevent or minimize the
need for shoreline stabilization.
City of Bainbridge Island Shoreline hfastcr Program
November 26, 1996 (Corrected l/9S)
9~
4. The City shall require and/or utilize the following information during its review of
shoreline stabilization, modification, and flood protection proposals:
a. Project purpose;
b. Environment of the project including:
(1) Existing shoreline stabilization and flood protection devices within three
hundred (300) feet on each side of proposed project;
(2) Physical, geological, and/or soil charactenstics of the area;
(3) Net direction off littoral drift and tidal currents, if any;
(4) Profile rendition of beach and uplands; and
(5) Physical or geologic stability of uplands (beach slo and
materials; uplands type, slope and material; soil [Soil Conservation
Service]).
c. Design, construction materials, and methods (to include annotated drawings):
(1) Materials used, dimensions, design;
(2) Slope angle; and
(3) Location of project relative to toe and crest of uplands and upland
structures;
d. Potential impact upon area shore and hydraulic processes, upland stability,
adjacent properties, and shoreline and water uses; and
e. Alternative measures, including nonstructural, which will achieve the same
purpose.
5. The City shall require and utilize the following information in its review of all
shoreline modification proposals:
a. Shoreline stabilization measures shall not be designed and constructed in such a
manner as to result in channelization of normal stream flows;
b. Stream channel direction modification, realignment and straightening are
prohibited unless they are essential to uses that are consistent with this program;
c. Shoreline stabilization shall not be designed in a manner that will cause scouring
of the beach at the toe of protective devices nor erosion on the level of the
seaward beach or impact adjacent properties; and -
d. Upon project completion, all disturbed shoreline areas shall be restored to as
near pre-project configuration as possible and replanted with native vegetation
or other species approved by the City.
6. Publicly financed or subsidized works should provide public, pedestrian, shoreline
access for low-intensity recreation.
Prohibited
1. Shoreline stabilization and flood protection works are prohibited in wetlands and on
point and channel bars. They are also prohibited in salmon and trout spawning areas,
except for fish or wildlife habitat enhancement.
2. Beach enhancement is prohibited if it interferes with the normal public use of the
navigable waters of the State.
~.ny or ~amonaga Island Shoreline hlastzr Program
Novcmbcr 26, 1996 (Corrected 1/93)
96
B. Beach Enhancement
Applicability
Beach enhancement concerns the upgrading of terrestrial and tidal shorelines along with
submerged shorelines for the purpose of stabilization, recreational enhancement, and aquatic
habitat creation or restoration using native or similaz material. The materials used are
dependent on the intended use and shoreline dynamics such as grade, drift, etc: For recreation
purposes, various grades of clean sand or pea gravel aze often used to create, restore or
enhance a beach. To restore or recreate a shore feature or an underwater aquatic environment,
such as a reef, may require a zock matrix and/or combination of other matenals appropriate
for the intended environment..
Policies
1. All beach enhancement projects should ensure that aquatic habitats, existing water
quality levels and flood-holding ca acities are malntalned.
2. Beach restoration/enhancement utilizing naturally regenerating systems should be
required where:
a. The length and configuration of the beach will accommodate such systems;
b. Such protection is a reasonable solution to the needs of the specific site; and
c. Beach restoration/enhancement will accomplish one or more of the following
objectives:
(1) Recreate or enhance natural conditions.
(2) Create or enhance natural habitat.
(3) Mitigate erosion.
(4) Enhance public access to the shoreline.
3. Supplementary beach nourishment should be encouraged where existing shoreline
stabilization Is likely to increase impoverishment of existing beach materials at or
downdrift from the project site.
Reeulations
1. Beach enhancement shall be a conditional use in all environments and shall be
undertaken only for restoration, enhancement, maintenance of natural resources, or to
enhance public access to the shoreline.
2. Beach enhancement may be permitted as a conditional use when the applicant has
demonstrated that no signlficant change in littoral drift will result which will adversely
affect adjacent properties or habitat.
3. Natural Beach Restoration/Enhancement
a. Design Alternatives. Design alternatives shall include the best available
technology such as, but not limited to:
(1) Gravel berms, drift sills, beach nourishment, and beach enhancement
when appropriate.
(2) Planting with short-term mechanical assistance, when appropriate. All
plantings provided shall be maintained.
b. Design Criteria. Natural beach restoration/enhancement shall not:
(1) Detrimentally interrupt littoral drift, or redirect waves, current or
City of Bainbridge Island Shoreline htasmr Program
Novembu 26, 1996 (Corrected 1/93)
97
sediments to other shorelines;
(2) Result in any exposed groin-like structures, provided that small
"drift-sill" groins may be used as a means of stabilizing restored
sediment as part of awell-planned beach restoration program;
(3) Extend waterward more than the minimum amount necessary to achieve
the desired stabilization;
(4) Result in contours sufficiently steep to impede easy pedestrian passage,
or trap drifting sediments;
(5) Create additional dry land mass; and
(6) Disturb significant amounts of valuable shallow water fish/wildlife
habitat as determined by the Department of Fish and Wildlife, unless
such habitat is immediately replaced by new habitat that is comparable or
better.
c. Natural Beach Restoration Construction Standards:
(1) The size and/or mix of new materials to be added to a beach shall be as
similar as possible to the undisturbed beach sediment, but large enough
to resist normal current, wake, or wave action at the site.
(2) The restored beach shall approximate, and may slightly exceed, the
natural beach width, height, bulk, or profile (but not so as to obviously
create additional dry land mass).
Prohibited
1. Beach enhancement is prohibited within spawning, nesting, or breeding habitat and also
where littoral drift of the enhancement materials adversely affects adjacent spawning
grounds or other areas of biological significance.
2. Dikes, levees, jetties, groins (except drift sills for beach enhancement), gabions and
breakwaters are prohibited.
C. Shoreline Armoring (Revetments and Bulkheads)
Back round
In high-energy wave environments, bulkheads reflect some energy downward which may scour
and erode the base, or "toe" of the bulkhead, lowering the beach level. This scouring at the
toe may also undercut the bulkhead to the point of collapse. Bulkheading may also adversely
impact longshore fishery habitat. The slope and irregular surface of revetments tends to
absorb the wave energy similar to the run-up on a natural beach.
Applicabilitx
The Shoreline Management Act exempts from the substantial development permit (SSDP)
process the construction or repair of a normal, protective revetment or bulkhead when it is
necessary to protect an existing single-family residence. Even when exempt, however; these
structures must comply with all applicable Master Program regulations. A statement of
exemption for an individual, single-family residence must be obtained from the City before
commencing construction of any bulkhead or revetment.
ury o[ uambndge Island Shoreline hlas[er Program
November 36, 1996 (Con•ected 1/93)
9s
Policies
1. The use of armored structural revetments should be limited to situations where it is
demonstrated that nonstructural solutions, such as bioengineering, setbacks, and buffers
or any combination thereof, will not provide sufficient shoreline stabilization.
2. Because of the potential impact on complex, littoral long-shore drift systems and
potential damage to other shoreline properties, bullchead construction should be
discouraged, unless it can be demonstrated that a revetment or nonstructural solution
(bioengineering, setbacks, native vegetation zones) is not feasible.
3 Shorelne armoring should be designed, improved, and maintained to provide public
access whenever possible.
4. Shoreline armoring should not be constructed waterwazd of feeder bluffs.
5. Neighboring property owners should be encouraged to coordinate planning and
development of revetments or other solutions for an entire sector to avoid erosion of
down-drift properties.
Regulations -General
1. Revetments and bulkheads aze permitted uses in the Rural, Semi-rural, and Urban
environments where there are either bulkheads or revetments within approximately 100
feet on either side of the property. If there are no revetments or bulkheads within 100
feet on either side of the property, new revetments and bulkheads shall be conditional
uses. Bulkheads and revetments shall be prohibited in the Natural, Conservancy, and
Aquatic Conservancy environments. Bulkheads and revetments may be permitted in
the aquatic environment only if they aze permitted in the adjacent upland environment
and aze Located at or near ordinary high water. In addition, where permitted or
conditional uses, bulkheads or revetments to protect a platted lot where no structure
presently exists will require an SSDP.
a. A statement of exemption shall be obtained from the City prior to construction
of any bulkhead or revetment in front of asingle-family residence. The
statement of exemption shall meet all requirements of this Master Program.
2. All forms of protective structures shall be designed,. constructed, and maintained in a
manner that does not degrade water quality and/or fisheries habitat, and conforms to
state agency policies and regulations, including Washington State Department of Fish
and Wildlife criteria and permit requirements.
3. Evidence of professional design of proposed protective structures is required if it is
determined there are uncertainties, such as:
a. Inadequate data on local geophysical conditions;
b. Potential effect on adjacent property; or
c. Potential adverse effects on beach seaward of structure.
4. Natural materials and processes such as protective berms, drift logs, brush, beach
feeding, or vegetative stabilization shall be utilized to the maximum extent possible.
5. Revetments and bulkheads may be allowed only when evidence is presented which
conclusively demonstrates that the following conditions exist:
a. Serious wave erosion threatens an existing development or land;
b. Bulkheads or revetments may be approved for the operations and location of
water-dependent and water-related activities consistent with the Master
Program, provided that all alternatives have proven infeasible (i.e., use
relocation, use~redesign, nonstructural shore stabilization options). Such
bulkheads or revetments must meet other policies and regulations of this
City of Fiainbridoe Island Shoreline hfastcr Program
Novcmher 26, 1996 (Corrected I/93)
99
6.
~d
.,. ~,-a~ u~G of natural materials and processes and nonstructural solutions to bank
stabilization are unworkable in protecting existing development.
Revetments should be constructed to provide no steeper than a 45 degree slope (1
horizontal to 1 vertical).
Prohibited
1. Gabions (wire mesh filled with concrete or rocks) are prohibited in bulkhead
construction.
2. Revetments and bulkheads shall be prohibited for any purpose if they will cause
significant erosion or beach starvation.
3. Construction of a bulkhead, revetment, or other armoring structure for the purpose of
retaining a landfill or creating dry land is prohibited, unless it is proposed in
conjunction with awater-dependent or public use.
4. Shoreline hardening (i.e., revetments, bulkheads, seawalls) shall not be located on
shores where valuable geo-hydraulic or biological processes are sensitive to interference
and critical to shoreline conservation such as feeder bluffs, marshes, wetlands, or
accretion shoreforms such as spits, hooks, bars, or barrier beaches.
Regulations -Location
1. Shoreline armoring shall not be approved in any known or suspected Wadden site
without the written permission of the Director of the State Office of Archaeolo y and
Historic Preservation (the State Historic Preservation Officer) (RCW 27.53.060 omits
successor).
2. Shoreline hardening (revetments and bulkheads) shall be permitted only where local
physical conditions such as foundation-bearing material and surface and subsurface
drainage are suitable for such alterations.
3. On all shorelines, armoring structures shall be located landward of the OHWM,
landward of protective berms (artificial or natural), and generally parallel to the natural
shoreline except as allowed below:
a. On marine accretion beaches, bulkheads shall be set back a minimum of twenty-
five (25) feet landward of the OHWM and shall parallel the natural shoreline.
However, for sloping or bluff/cliff shores, armoring structures shall be placed
as far landward of the OHWM as is feasible.
b. On bluff or bank shorelines where no other armoring structures are adjacent,
such structures shall be as close to the bank as possible. However, a revetment
footing shall extend waterwazd sufficiently to permit adequate run-up to
dissipate wave energy.
c. Revetments and bulkheads shall tie in flush with existing bulkheads on adjoining
properties, except where the adjoining bulkheads extend waterward of the
OHWM or the toe of the bank or permitted landfill, in which case the location
requirements of the above shall apply.
4. Bulkheads and revetments to protect a platted lot where no structure presently exists
shall be permitted with an SSDP where property is threatened as demonstrated in a
geotechnical report and provided it complies with all other provisions in Regulations -
General above.
City of Bainbridge Island Shoreline Rtaster Program
November 26, 1996 (Corrected I/9S)
100
Re ulations -Design
1. If an armored revetment is employed, the following design criteria shall be met:
a. The size and quantity of the material shall be limited to only that necessary to
withstand the estimated energy intensity of the hydraulic system;
b. Filter cloth or adequate smaller filter rock shall be used to aid drainage and help
prevent settling; and
c. The toe reinforcement or protection must be adequate to prevent a collapse of
the system from wave actton.
2. Revetments shall be sited and designed consistent with appropriate engineering
principles. Professional, geologic, site studies or design may be requued for any
proposed revetment or bulkhead if the City determines sufficient uncertainties or
potential for damage to other shoreline properties and features exist.
3. When a revetment is required at a public access site, provision for safe access to the
water shall be incorporated into its design.
4. Stairs or other permitted structures may be built into a revetment, but shall not extend
waterward of it.
5. Revetments shall be designed to permit the passage of surface or ground water without
causing pounding or saturation of retained soiUmaterials.
6. Adequate toe protection shall be provided to ensure revetment stability without relying
on additional n~rap.
7. Materials used ui revetment construction shall utilize stable, nonerosion-drone,
homogeneous materials such as concrete, wood, rock riprap, or other suitable materials
which will accomplish the desired end with the maximum preservation of natural
shoreline characteristics.
D. Dredging and Dredge Material Disposal
Applicability
Dredged material disposal on land is also subject to the landfill policies and regulations of this
program.
Pursuant to WAC 173-14-040 or its successor, certain activities, such as those associated with
normal maintenance and repair, are exempt from the requirements for a Shoreline Substantial
Development Permit (SSDP), but may still require a shoreline conditional use permit or
variance.
Actions exempt from substantial development permits are required to comply with the
Shoreline Management Act and all provisions of the Master Program. EcologylArmy Corps
of Engineers notifications of dredging proposals will be reviewed by the City to determine.
whether the activity is exempt from the requirement for a substantial development permit and
to ensure compliance with regulations of the Act and the Master Program.
Policies
1. Dredging and dredged material disposal should be located and conducted in a manner
which minimizes damage to the existing ecology and natural resources of the area to be
dredged, and to the disposal site.
City of Bainbridge [stand Shorcline Master Program
Novamber 26, 1996 (Cotrcctcd 1/98)
101
2. Dredging of bottom materials for the primary purpose of obtaining fill material is
strongly discouraged.
3. Dredging operations should be planned and conducted to minimize interference with
navigation and adverse impacts to other shoreline uses, properties, and values.
4. Dredged material disposal in marine waters, other than for approved environmental
enhancement or remediation projects or other uses permitted by this Shoreline Master
Program, should only be allowed at sites designated through the Puget Sound Dredged
Disposal Analysis (PSDDA) program (managed jointly.by the Corps of Engineers,
Environmental Protection Agency, Washington Department of Natural Resources, and
Washington Department of Ecology) and consistent with the policies and procedures of
PSDDA.
S. When dredged material has suitable organic and ph sisal properties, dredging
operations should be encouraged to recycle dredged matenal for beneficial use in beach
enhancement, habitat creation, sediment remediation.(capping), or aggregate or clean
cover material at a landfill (where appropriate).
Regulations -General
1. Dredging shall be permitted as a conditional use in the Aquatic environment and shall
be for the restoration, enhancement, or maintenance of natural resources and
navigational channels or for publicly-owned ferry terminals. Dredging shall be
prohibited in the Aquatic Conservancy environment.
2. Applications for shoreline dredging and dredged material disposal shall include a copy
of all information, data, and analyses submitted in accordance with the PSDDA .
evaluation procedures for managing the in-water disposal of dredged material and the
Corps of Engineers process for Section 10 (Rivers and Harbors Act), and Section 404
(Clean Water Act) permits. This shall include a copy of the PSDDA-approved
Sampling Analysis Plan, the PSDDA data report and quality assurance/,quality and
control (QA/QC) report, and the suitability decision issued by the PSDDA agencies.
3. In evaluating permit applications for any dredging project, the adverse effects of the
initial dredging, subsequent maintenance dredging, and necessary dredged material ~~-
disposal shall be considered. Dredging and dredged material disposal shall be
permitted only where it is demonstrated that the proposed actions will not:
a. Result in significant and/or ongoing damage to water quality, fish, shellfish, and
other essential marine biological elements; and
- b. Adversely alter natural drainage and. circulation patterns, currents, and tidal
flows, or significantly reduce flood water capacities.
4. Dredging and dredged material disposal shall be carefully scheduled to protect
biological productivity and to minimize interference with fishing activities. ~ Dredging
activities shall not occur in areas used for commercial fishing (e.~., gill net, crabbing,
etc,) during a fishing season, unless specifically addressed and mitigated for in the
permit. ~ "
5. Dredging and dredged material disposal shall be prohibited on or in archaeological sites
which are on or eligible to be listed on the Washington State Register of Historic Places
until such time that they have been released by the State Archaeologist.
City of Eiainbridgc Island shocctina Ivinstcr Program
Novcmbu 26, 1996 (Corrected 1/93)
102
Regulations - Dred$in>?
1. Dredging below the ordinary high water mark shall be permitted as a conditional use only:
a. For navigation or navigational access;
b. In conjunction with awater-dependent use of water bodies or adjacent
shorelands;
c. As dart of an approved habitat improvement or environmental remediation
project; or
d. In conjunction with a navigational structure, waste water treatment facility, or
some other public facility for which there is a documented public need and
where other feasible sites or routes do _not exist.
2. When dredging is permitted, the dredging shall be the minimum necessary to
accommodate the proposed use.
3. Dredging shall utilize techniques that cause minimum dispersal and broadcast of bottom
material.
Prohibited Dredging
1. New dredging activity is prohibited in the following locations:
a. In environmentally sensitive habitats (e.g., stream mouth estuaries, wetlands)
except by shoreline conditional use permit.
b. Along net-positive drift sectors and where geo-hydraulic processes are active
and accretion shoreforms would be damaged, altered, or irretrievably lost.
c. In shoreline areas with bottom materials that are prone to significant sloughing
and refilling due to currents or tidal activity, thus resulting in the need for
continual maintenance dredging.
d. In habitats identified as critical to the life cycle of officially designated or
protected fish, shellfish, or wildlife.
e. In areas where concentrations of environmental pollutants or toxic chemicals are
present in the bottom sediments and would be released in dredging operations,
except as part of a permitted environmental enhancement or remediation
program.
2. Dredging for the primary purpose of obtaining material for landfill is prohibited.
Regulations -Dredge Material Disposal
1. Unconfined disposal of dredged material in marine waters, other than for approved
environmental enhancement or remediation projects under a shoreline conditional use
permit, shall only be allowed at sites identified through the process defined ~in the
PSDDA report and incorporated in Department of Natural Resources WAC 332-30-166
or its successor(Open-Water Disposal Sites).
2. Yearly status reports shall be prepared and submitted by the dredge disposal permittee
to the Director as re4uested. The reports shall state the quantity of material dumped,
characterize the quality of the matenal, and review any factors necessary to verify
continued compliance with the shoreline permit.
3. In-water disposal shall utilize techniques that cause the least dispersal and broadcast of
materials, unless specifically designed and approved as a dispersal site.
City of Bainbridge Island Shoreline htas!er Program
November 26, 1996 (Comacted 1/93)
103
4. Use of dredged materials for beach enhancement shall be conducted to comply with
Section VI, Subsection B, Beach Enhancement, so that:
a. Dredged materials deposited on land shall constitute landfill and, when
deposited within the jurisdiction on this Master Program, shall comply with the
landfill regulations.
b. Near-shore or upland disposal of dredged materials not used for beach
enhancement shall not be located upon, adversely affect, or diminish
environmentally sensitive areas, recognized wildlife habitat, public access,
water quality, or drainage.
c. Revegetation of land disposal sites wzth native species and other approved plants
shall be required.
E. Landfill
Avvlicability
Landfill is the placement of soil, sand, rock, gravel, existing sediment or other material
(excluding solid waste) to create new land, tideland or bottom land azea along the shoreline below
the OHWM, or on wetland or upland areas in order to raise the elevation. Any landfill activity
conducted within shoreline jurisdiction must comply with the following policies and
regulations. Beach enhancement as defined in the Shoreline Master Program shall not be
considered landfill.
Policies
1. Landfill waterwazd of OHWNi should be allowed only when necessary to facilitate
water-dependent and/or public access uses which are consistent with the Master
Program.
2. Shoreline fills should be designed and located so that there .will be no significant
damage to existing natural resources, including surface water drainage systems.
3. In evaluating fill projects, factors that should be considered include:
a. Conflict with potential and current public use of the shoreline and water surface
area as identified in adopted City plans, policies, and programs;
b. Total water surface reduction;
c. Navigation restriction;
d. Impediment to water flow and drainage;
e. Reduction of water quality; and
f. Destruction of habitat.
Further, the City should assess the overall value of the landfill site in its present state
veFsus the proposed shoreline use to be created to ensure consistency with the Act and
the Master Program.
4. The perimeter of landfills should be designed to avoid or eliminate erosion and
sedimentation impacts, both during initial .landfill activities and over time.
5. Where permitted, landfills should be the minimum necessary to provide for the
proposed use and should be permitted only when tied to a specific development
proposal that is permitted by the Master Program. Speculative landfill activity is
prohibited.
City of Bainbridge Island Shorclina hfaster Program
November 26, 1996 (Com.eted I/9S)
104
Regulations -General
1. Landfill shall be permitted as a conditional use in the Rural, Semi-nlral, and Urban
environments.
2. Landfill shall be permitted as a conditional use in the Conservancy and Natural
environments only for the restoration, enhancement, or maintenance of natural
resources.
3. In the aquatic environment, landfill over water may be permitted as a conditional use
for water-dependent or public uses, or as part of a permitted environmental
enhancement or remediation fro ect.
4. Land fill shall be prohibited uI ~e Aquatic Conservancy environments.
5. Applications for landfill permits shall include the following:
a. Proposed use of the landfill area;
b. Source of the landfill material and physical, chemical. and biological
characteristics of the fill material as required by the Director;
c. Method of placement and compaction;
d. Location of landfill relative to natural and/or existing drainage patterns;
e. Location of the landfill perimeter relative to the OHWM;
f. Perimeter erosion control or stabilization means; and
Type of surfacing and runoff control devices.
7. Pile or pier supports shall be utilized whenever feasible in preference to landfills.
Landfills for approved road development in floodways or wetlands shall be permitted
only if pile or pier supports are proven infeasible.
8. Landfill shall be perrlutted only where it is demonstrated that the proposed action will
not:
a. Result in significant damage to water quality, fish, shellfish and/or wildlife
habitat; or
b. Adversely alter natural drainage and circulation patterns, currents, river and
tidal flows, or significantly reduce flood water capacities. _
9. Landfills shall be the minimum necessary to provide for the proposed use and shall be
permitted only when tied to a proposal that is permitted by the Master Program.
Speculative landfill activity is prohibited.
Regulations -Design and Construction
1. Where landfills are permitted, the landfill shall be the minimum necessary to
accommodate the proposed use.
2. Where landfills reduce public access, compensatory public access shall be provided as
part of the development project.
3. Landfills shall be designed, constructed, and maintained to prevent, minimize, and
cor4trol all material movement, erosion, and sedimentation from the affected area.
Penmeters of permitted land fill projects shall be designed and constructed with silt
curtains, vegetation, retaining walls, or other mechanisms, and appropriately sloped to
prevent eroslon and sedimentation both during initial landfill activities and afterwards.
Such containment practices shall occur during the first growing season following
completion of the landfill.
4. Fill materials shall be sand, gravel; soil, rock, or similar material. Use of
contaminated dredge material is prohibited. (See Section V, Subsection H, Industry and
Section III.)
5. The timing of landfill construction shall be regulated to minimize damage to water
City of Bainbridge Island Shorolina htssrcr Progrsm
Novembar26, 1996 (Corcccrcd 1/9S)
105
quality and aquatic life within the time restraints recommended by the Washington State
Department of Fish and Wildlife.
F. Piers, Docks, Recreational Floats, and Mooring Buoys
Applicability
Uses which may employ a pier or dock (for example, industry) are subject to the provisions
herein as well as to the provisions contained in Section V, Specific Shoreline Use Policies and
Regulations. Community or joint-use docks which provide moorage for six (~ or more
vessels also must comply with the provisions of Section V, Subsection D, Boating Facilities.
Pursuant to RCW 90.58.030(3-e-vii) or its successor and WAC 173-14-040(h), or its successor
certain activities are exempt from obtaining a Shoreline Substantial Development Permit
(SSDP). For the benefit of the lot owner, surrounding properties, and water body users, the
City will review all proposals for piers and docks to determine whether:
1. The proposal is or is not exempt from the requirements for a shoreline permit;
2. The proposal is suitably located and designed and that all potential impacts have been
recognized and mitigated; and
3. The proposal is consistent with the intent, policies, and regulations of the Act [RCW
90.58.140(1) or its successor] and this program.
Exempt activities are subject to the provisions of the Master Program.
Policies
1. Multiple use and expansion of existing conforming piers, docks, and floats should be
encouraged over the addition and/or proliferation of new facilities. Joint use facilities
are preferred over new, single-use piers, docks, and floats.
2. The use of mooring buoys should be encouraged in preference to either piers or docks.
3. Piers, docks, and floats should be designed to cause minimum interference with
navigable waters, the public's use of the shoreline, and views from adjoining
properties.
4. Piers, floats, and docks should be sited and designed to minimize possible adverse
environmental impacts, including potential impacts on littoral drift, sand.movement,
water circulation and quality, and fish and wildlife habitat.
5. Proponents of commercial pier, float, and dock projects are encouraged to provide for
public docking, launching, and recreational access.
6. Local programs and coordinated efforts among private and/or public agencies should be
initiated to remove or repair failing, hazardous, or nonfunctioning piers and docks and
restore such facilities and/or shore resources to a natural and/or safe condition.
7. Use of natural, nonreflective materials in pier and dock construction should be'-~
encouraged. When plastics and other nonbiodegradable materials are used, precautions
should be taken to ensure their containment.
8. The proposed size of the structure and intensity of use or uses of any dock, pier, and/or
float should be compatible with the surrounding environment and land and water uses.
City of Bainbridge Island Shoreline tifastrr Program
November 26, 1996 (Corrected U93)
106
Regulations -General
1. Piers and docks shall be permitted in the Rural, Semi-rural, Urban and Aquatic
environments, shall be permitted as conditional uses in the Conservancy environment,
and shall be prohibited in the Natural and Aquatic Conservancy environments.
2. Proposals for piers or docks shall include, at a minimum, the following information:
a. Description of the proposed structure, including its location, dimensions,
materials, design, and any shoreline stabilization or other modification required
by the project;
b. Ownership of uplands, tidelands, and shorelands within three hundred (3Q0) feet
of the property boundaries;
c. Proposed location of piers, floats, or docks relative to property lines, OHWM,
the line of navigation, the construction limit line, and the contour of the extreme
low tide as appltcable•
d. Location, width, height, and length of piers or docks on adjacent properties;
and
e. Agreements, if any, for cooperative use.
3. In areas identified by the City, the Washington State Department of Fish and Wildlife,
or the Department of Natural Resources as having a high environmental value for
shellfish, fish life, or wildlife, piers and docks shall be prohibited, except:
a. Where functionally necessary to the propagation, harvesting, testing, or
experimentation of said marine fisheries or wildlife, or
b. Unless approved as a conditional use if it can be demonstrated that the dock or
pier will not be detrimental to the natural habitat or species of concern.
4. Piers, floats, buoys, and docks shall not interfere with use of navigable waters.
5. Piers and docks may be limited in length or prohibited, where necessary, to protect
navigation, public use, or habitat values.
Regulations -General Design and Construction Standards
1. Pilings must be structurally sound prior to placement in the water. The minimum
number of pilings shall be used, favoring large spans on fewer pilings over smaller
spans on more pilings.
2. Piles; floats, or other members in direct contact with water shall not be treated or
coated with biocides such as faint or pentachlorophenol. Use of arsenate compounds
or creosote-treated members is discouraged. In saltwater areas characterized=by
significant shellfish populations or in shallow embayments with poor flushing
characteristics, untreated wood, used pilings, precast concrete, or other nontoxic
alternatives shall be used.
In all cases where toxic-treated products are allowed, products, methods of ,.
treatment, and installations shall be limited to those that are demonstrated as
likely to result in the least possible damage to the environment based on current
information. Used, creosote pilings are preferable to new ones.
3. No over-water field applications of paint, preservative treatment, or other chemical
compounds shall be permitted, except in•accordance with best management practices set
forth in the marina section of the Master Program.
4. Pilings employed in piers or any other structure shall have a minimum vertical
City of Bainbridge Island Shorolino Master Program
November 26, 1996 (Corrected 1/93)
107
clearance of one (1) foot above extreme high water.
5. All docks shall include stops which serve to keep the floats off the bottom of tidelands
at low tide.
6. If a bulkhead-like base is proposed for a fixed pier or dock where there is net positive
littoral drift (accretion beach), the base shall be built landward of the ordinary high
water mark or protective berms.
7. When plastics or other nonbiodegradable materials aze used in float, pier, or dock
construction, precautions shall be taken to ensure their containment.
8. Overhead wiruig or plumbing is not permitted on piers'or docks.
9. New boat houses and new covered moorage shall not be permitted on piers or docks.
Other structures on piers and docks shall be strictly limited in size and height to avoid
impacting shoreline views.
10. A pier or dock shall not extend offshore farther than the most shorewazd of the
following:
a. The average length of the piers on the two adjoining properties;
b. In Eagle Hazbor, the Construction Limit Line; or
c. Elsewhere, the distance necessary to obtain a depth of four (4) feet of water as
measured at extreme low tide at the landward limit of the moorage slip.
11. Piers and docks shall require a building permit and shall meet standazds set by the
building official.
12. Lighting shall be the minimum necessary, or as required by the Coast Guard, to locate
the dock at night, and should minimize glare.
Regulations -Joint-use Community Piers and Docks
1. Any hotel, motel, and/or multifamily residential development proposing to provide
moorage facilities shall be required to construct a single, joint-use moorage facility. - ~~
The City may authorize more than one joint-use moorage facility if a single facility
would be inappropriate or undesirable, given the specific conditions of the site.
2. Proposals for point-use community piers and docks shall demonstrate, by proof of
recording of a covenant binding current and future parties, that adequate maintenance
of the structure and the associated upland area will be provided by identified ~~
responsible parties. The proposed covenant shall be filed as part of the permit
application and recorded after final approval.
Regulations -Commercial/Industrial Facilities
These standards apply to piers and docks intended for any commercial or industrial use other
than commercial moorage of boats in marinas. (See also Section V, Specific Shoreline Use
Policies and Regulations for boating facilities, commercial development, and industry.) , ,
1. Substantial development permits for docks or piers serving single commercial or _
industrial enterprises shall not be granted until the access needs of adjacent commercial
and/or industnal enterprises have been determined.
2. Facilities and procedures for receiving, storing, dispensing, and disposing of oil and
other toxic products shall be designed to ensure that such oil and other toxic products ---
are not introduced into the water body.
3. Bulk storage for gasoline, oil and other petroleum products for any use or purpose is
prohibited on piers and docks. Bulk storage means nonportable storage in fixed tanks.
4. Sill clean-up facilities shall be available for prompt response and application at all `
piers and docks involved in oil and hazardous products transfer.
City of Bainbridgz Island Shocdinc h(astzr Program
Novcmbar 26, 1996 (Corn:ctad 1/9S)
lOS
Reaulations -Residential
1. If any docks are proposed, new subdivisions and short subdivisions with shoreline
frontage shall be required to provide community docks rather than individual, private
docks.
2. Docks shall be preferred over piers, where feasible.
3. Size:
a. Maximum length and width of a pier or dock shall be the minimum necessary to
accomplish moorage for the intended boating use. (See Regulations -General
Design and Construction Standards, above, for additional restrictions.)
b. The length shall not extend beyond the average length of the two nearest
adjacent docks or the distance necessary to obtain a depth of four (4) feet of
water as measured at extreme low tide at the landward limit of the moorage slip,
or the line of navigation, whichever is more shoreward.
4. Side-yard Setbacks:
Docks, piers and floats shall be set back a minimum of ten (10) feet from side property
lines, except that community piers, docks, and floats may be located adjacent to or
upon a side property line when mutually agreed to by covenant with the owners of the
adjacent property. A copy of the covenant must be recorded with the County Auditor
and filed with the application for permit.
5. Community docks and piers shall include no more than one (1) moorage space per
dwelling unit or lot.
6. Development of a dock or pier on single-family residential property shall require a
Shoreline Substantial Development Permit or a Statement of Exemption issued by the
City.
Reaulations -- Mooring Buovs and Recreational Floats General
1. Mooring buoys and recreational floats shall be prohibited in the Aquatic Conservancy
environment. Mooring buoys and floats for recreational use shall be permitted in the
Aquatic environment offshore from Conservancy, Rural, Semi-rural, and Urban
environments and shall be prohibited offshore from the Natural environment. Mooring
buoys for commercial use shall be permitted only as conditional uses offshore from the
Urban environment.
2. Buoys shall not interfere with navigation, shall be visible in daylight one hundred (100)
yards away, and shall have reflectors for night visibility.
3. If a buoy is located offshore of the extreme low tide line, the owner shall obtain a lease
for the bed of navigable waters from Department of Natural Resources. [WAC 332-30-
122 (1)(ii) or its successor].
4. Buoys shall lie between the waterfront property side lot lines extended beyond the
shoreline, except those on Department of Natural Resources tidelands. Vessels moored
to the buoys shall not swing across the extended side lot lines. Where the configuration
of the waterfront lot precludes these requirements, a mooring buoy owner shall file
with the City a written statement from the affected, adjacent, waterfront property
owners agreeing to the buoy placement.
5. Mooring buoys shall be installed at least twenty (20) yards from other permitted piers,
docks, floats, or buoys so as not to interfere with or obstruct existing piers, docks,
floats, or buoys.
6. Owners of waterfront property are permitted to install one (1) mooring buoy per
waterfront lot, except that where the waterfront lot is owned in community, the City
City of Eiainbridge Island Shoreline Master Pcoorsm
November 26, 1996 (Corrected 1/98)
109
may permit upon the owners' application, additional mooringg buoys with the total not
more than one (1) per owner in the community. [WAC 332-30-122 (1)(ii) or its
successor].
7. Buoys shall be located offshore no farther than the Construction Limit Line in Eagle
Harbor, and elsewhere not more than two hundred (200) feet beyond extreme low tide,
the -3 fathom depth contour (-18 feet at mean low water), or the line of navigation,
whichever is closest to shore. [WAC 332-30-148(2) or its successor].
8. The owners or lessees of waterfront property zoned for commercial or industrial use
may install mooring buoys for commercial vessels, subject to obtaining a Shoreline
conditional use permit from the pity for each mooring buo~-.
10. A contractor doing waterfront work involving .floating equipment may place a
temporary mooring buoy convenient to the work site, provided it is the responsibility of
the contractor to ensure that all necessary permits are obtained from all agencies with
jurisdiction.
11. Recreational floats shall be located as close to shore as possible. They shall be located
no farther than the following limits:
. a. In Eagle Harbor, the construction limit line.
b. Elsewhere, the distance necessary to obtain a depth of four (4) feet of water as
measured at extreme low tide at the landward end of the float, or the line of
navigation, whichever is closer to shore.
12. Recreational floats must be built so that the deck surface is one (1) foot above the
water's surface and shall have reflectors for night visibility:
13. Single-property-owner recreational floats shall not exceed eight (8) feet by (8) feet.
14. All recreational floats shall include stops which serve to keep the floats off the bottom
of tidelands at low tide.
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected l/98)
110
Section VII
ADMINISTRATION
A. General
The administrative system is designed to assign responsibilities for implementation of the
Master Program and shoreline permit review, to prescribe an orderly process by which to
review proposals and permit applications, and to ensure that all persons affected by the Master
Program are treated in a fair and equitable manner. Figure 7-1 illustrates the Shoreline
Substantial Development Permit (SSDP) process and Figure 7-2 illustrates the shoreline
Variance and Conditional Use process.
13. Director
1. The City of Bainbridge Island Director of Planning and Community Development or
his/her designee, hereinafter known as the Director, is vested with the following:
a. Overall administrative responsibility for the Master Program;
b. Authority to grant statements of exemption from shoreline permits;
c. Authority to approve, approve with conditions, or deny shoreline substantial
development permits and permit revisions in accordance with the policies and
regulations of the Master Program, provided that the decision may be appealed
in accordance with Section I below;
d. Authority to decide whether a shoreline variance permit application is minor,
qualifying it for administrative decision; if the shoreline vanance is not minor,
it will be processed following the procedures in Subsection J, paragraph 5 of
this section;
e. Authority to approve, approve with conditions, or deny shoreline variance
.permit applications determined to be minor, provided that the decision may be
appealed in accordance with Section.I below;
f. Authority to refer any application for a Shoreline Substantial Development
Permit, or a shoreline vanance or conditional use to the Planning Commission
for a recommendation; and
g. Authority to determine compliance with RCW 43.21C ,State Environmental
Policy Act or its successor.
The duties and responsibilities of the Director shall include:
a. Specifying the required application forms and submittal requirements including
the type, details, and number of copies for substantial development, conditional
use, and shoreline variance permits. At a minimum, the application .shall
include the information required in WAC 173-14-110 or its successor.
b. Advising interested citizens and applicants of the goals, policies, regulations,
and procedures of this program.
c. Making administrative decisions and interpretations of the policies and
regulations of this program and the Shoreline Management Act.
d. Determining whether a Shoreline Substantial Development Permit, shoreline
conditional use permit, or shoreline variance permit is required.
e. Collecting applicable fees.
f. Determining that all applications and necessary related information are
provided.
g. Making field inspections.
City of Bainbridge Island Shorc:ine Master Program
!`Iovember 26, 1996 (Ccrrccted 1/93)
111
h. Conducting a thorough review and analysis of perm-it applications and related
materials, and making written findings and conclusions.
I. Making decisions pursuant to paragraph 1 above.
j. Refemng applications to the Planning Commission for recommendations when
requested by the applicant or when the Director deems appropriate.
k. Submitting applications and all relevant information and materials along with
written findings and recommendations to the Hearing Examiner pursuant to
paragraph 1 above.
1. Providing technical and administrative assistance to the Council, as needed, for
effective and equitable implementation of this program and the Act.
m. Providing a summary report of shoreline management permits issued during the
past calendar year to the Council in February of each year. The report should
include findings and conclusions on significant admuiistrative determinations
and appeals, identification of problem areas, and recommendations on how the
Master Program can be improved.
n. Proposing amendments to this program as deemed necessary to more effectively
and equitably-achieve its goals and policies.
o. Seeking remedies for alleged violations of this program, the provisions of the
Act, or of conditions of any approved shoreline permit.
p. Coordinating information with affected agencies.
q. Forwarding shoreline permits to Ecology for filing or appropriate action.
r. Deciding whether to require any applicant granted a shoreline permit to post a
bond or other acceptable security to assure that the applicant and/or the
applicant's successors in interest shall adhere to the approved plans and all
conditions attached to the shoreline permit. Such bonds or securities shall have
a face value of at least one hundred (100) percent of the estimated development
cost, including attached conditions. Such bonds or securities shall be approved
as to form by the City Attorney.
C. Hearing Examiner
1. The City of Bainbridge Island Hearin Examiner is vested with authority to:
a. Approve, approve with conditions, or deny Shoreline variance and shoreline
conditional use permit applications after a public hearing and after considering
the findings and recommendations of the Director, which shall be given
substantial weight, provided that decisions may be appealed to the Council for
a review on the record in accordance with the provisions of BIMC 2.16.100.
b. Affirm, affirm with modifications, or reverse decisions on shoreline substantial
development permit applications, minor Shoreline variance applications, and - -
shoreline exemptions on appeal.
2. Further duties and responsibilities of the Hearing Examiner shall include:
a. Ensuring that proper notice is given to appropriate persons and the public for all
hearings before the Hearing Examiner.
b. Refemng applications to the Planning Commission for recommendations, when
appropriate.
c. Considering recommendations of the Planning Commission when requested by
the applicant or the Director.
d. Basing all decisions on shoreline permits and administrative appeals on the
critena established in the Act and -the Master Program.
e. Deciding whether to require any applicant granted a shoreline permit to post a
City of Bainbridge Island Shoreline Mastar Program
Plovember 26, 1996 (Corrected l/9S)
112
bond or other acceptable security to assure that the applicant and/or the
applicant's successors in interest shall adhere to the approved plans and all
conditions attached to the shoreline permit, Such bonds or securities shall have
a face value of at least one hundred (100) percent of the estimated development
cost, including attached conditions. Such bonds or securities shall be approved
as to form by the City Attorney.
D• City Council
1 • The City Council is vested with authority to:
a. Decide local appeals of decisions made by the Hearing Examiner on Shoreline
variance and Shoreline conditional use permits, provided that any decision may
be further appealed to the State Shorelines Hearings Board as provided for in
the Act.
b. Review and act upon any recommendations of the Director for amendments or
revisions of the Master Program. To become. effective any amendments to the
Program must be reviewed and approved by the Department of Ecology,
pursuant to RCW 90.58.190 or its successor and Chapter 173-19 WAC or its
successor.
E. Permit or Exemption Required Before Undertaking Development or Activity
1. Permits Required
a. A development, use, or activity shall not be undertaken within the jurisdiction
of the Shoreline Management Act (Chapter 90.58 RCW or its successor) and the
Shoreline Master Program, unless it is consistent with the policy and procedures
of the Shoreline Management Act, applicable State regulations and the Shoreline
Master Program.
b. A substantial development shall not be undertaken within the jurisdiction of the
Shoreline Management Act (Chapter 90.58 RCW or its successor) and the
Shoreline Master Program, unless an appropriate shoreline permit has been
obtained, the appeal period has been completed, any appeals have been
resolved, and/or the applicant has been given permission by the proper authority
to proceed.
c. Any person wishing to undertake substantial development or exempt
development on shorelines shall apply to the Director for an appropriate
shoreline permit or a Statement of Exemption. "
d. If a development, use or activity is listed as a conditional use by the Shoreline
Master Program, such development, use, or activity shall not be undertaken
within the jurisdiction of the Shoreline Management Act (Chapter 90.58 RCW
or its successor) and the Master Program, unless a Shoreline conditional use
permit has been obtained, the appeal. period has been completed, any appeals
have been resolved, and/or the applicant given permission to proceed by;the
proper authority.
e. If a development, use, or activity cannot comply with the regulations of the
Master Program, a Shoreline vanance must be obtained before commencement
of development or construction, or beginning the use or activity.
f. If a project includes uses or activities that include both permitted and
conditional uses, or a regular (major rather than minor) shoreline variance is
required, the permit shall be heard and decided by the Hearing Examiner using
City of Bainbridge Island Shoreline blaster Program
November 36, 1996 (Corrected 1/98)
113
the procedures, requirements, and criteria for a conditional use and/or shoreline
variance.
g. See WAC 173-14-050 or its successor for a description of how the permit
requirements apply to developments undertaken pnor to the passage of the
Shoreline Management Act of 1971.
h. See WAC 173-14-062 or its successor for a description of how the permit
requirements apply to federal agency projects.
2. Statement of Exemption
a. No exempt development, use or activity shall be undertaken within the
jurisdiction of the Shoreline Management Act (Chapter 90.58 RCW or its
successor) and the Master Program, unless a statement of exemption has been
obtained from the Director.
b. The request for the statement of exemption shall be in writing, on forms
required by the Director, and shall include the information required by the
Director. In the case of an emergency, the Director may waive this requ>sement
and authorize the use or activity orally or in writing. If authorized orally, it
shall be put in writing as soon as possible.
c. The Director shall decide requests for a Statement of Exemption based on WAC
173-14-040 or its successor and the provisions of the Shoreline Management Act
and the Master Program.
d. Before determining that a proposal is exempt, the Director may conduct a site
inspection to ensure that the proposal meets the exemption cntena.
e. Exempt developments and activities shall comply with the Shoreline
Management Act and the Master Program. The Duector shall condition
statements of exemption to ensure the exempt development or activity complies
- with the Shoreline Management Act and the Master Program.
f. In the case of development subject to the policies and regulations of the Master
Program, but exempt from the substantial development permit process,
shoreline management requirements may be made conditions of the building
permits and/or other permits and approvals. For example, the approval of a
building permit for asingle-family residence can be conditioned with provisions
from the Master Program.
g. Whenever a development falls within the exemptions stated in WAC 173-14-040
or its successor, but is still subject to those permits listed in WAC 173-14-115.
(as amended), a letter exempting the development from the substantial
development permit requirements of Chapter 90.58 RCW or its successor shall
be given to the applicant and Department of Ecology.
F. Fees
A filing fee in an amount established by:the City Council by resolution shall be paid at the
time of application. After the fact permit fees will be triple the normal amount.
G. Permit Application
The Director shall provide the necessary application forms for substantial development,
conditional use, and shoreline variance permits. The application shall provide, at a minimum,
the information required by WAC 173-14-110, or its successor along with the information
required on the permit application. •.
Gty of Bainbridge Island Shoroline Tviaster Program
November 26, 1996 (Corrected l/98)
114
1-l. Shoreline Substantial Development Permit Process
1. Shoreline Substantial Development Permit Review Procedure
a. The applicant shall submit a complete application in accordance with the
provisions of BIMC 2.16.055, a site plan, the required fees, and a SEPA
Checklist to the Director.
b• The Director shall review the application and determine within 28 days whether
it is complete. The application shall not be deemed filed until the Director
determines the application is complete and all required fees are aid. If the
application is.not complete, the Director shall contact the applicant and request
the needed information or fee.
2. Notice
a. The Director shall give notice of the shoreline application by at least one of the
following methods:
(1) Mailing of the notice by first class mail, postage prepaid, to the
applicant, the property owner and each person identified by the real
property records of the Kitsap County auditor as the owner within three
hundred (300) feet of any boundary of the subject ro
contiguous property owned by the owner of the land on wtu''ch ref any
proposal will be sited. The notices shall include the information
required by WAC 173-14-070 or its successor.
(2) Posting notice in a conspicuous manner on the property upon which the
project is to be constructed.
(3) Any other means deemed appropriate to accomplish the objectives of
reasonable notice to adjacent landowners and the public.
b. Failure to receive a properly mailed notice shall not affect the validity of any
testimony received at the hearing or of any action taken.
c. An affidavit(s) attesting that the notice has been properly published and/or
properly mailed shall. be completed and included in the application file.
d. Costs of notification shall be the responsibility of the applicant.
3. Public Comment -The City shall not make a decision on the permit until after the end
of the comment period.
a. A thirty (30) day public comment period shall be given for shoreline permits.
b. The public comment period shall be twenty (20) days for substantial
development permits for a limited utility extension or for erosion control
measures to protect asingle-family residence and its appurtenant structures.
(See Section II for definition of "limited utility extension. ")
c. SEPA review shall be conducted as provided by BIMC Chapter 16.04
Environmental Policy or its successor. The required SEPA notices should be
included with the shoreline notices when possible. The SEPA documents should
be circulated with permit documents where possible. .
4. Decision -After the thirty (30) day comment period has ended, the Director shall issue
a decision on the application.
a. The Director may approve, approve with modifications, or deny any substantial
development permit.
b. In making the decision, the Director shall consider the applicable provisions of
the Shoreline Management Act of 1971, as amended; WAC 173-14 or its
successor; the Master Program; all other applicable law; and any related
documents and approvals. The Director shall also consider whether the
cumulative impact of additional past and future requests that reasonably may be
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Correc,ed 1/9S)
11~
made in accordance with the Comprehensive Plan, or similar planning
document, for like actions in the area will result in substantial adverse effects on
the shoreline environment and shoreline resources.
c. The applicant(s) shall have the burden of proving that a proposed development
is consistent with the appproval criteria and Master Program policies and
regulations. [WAC 90.58.140(7) or its successor).
d. The Director may require additional information if necessary.
e. The Duector shall issue a written decision which contains the following:
(1) A statement indicating the application is approved, approved vsnth
modifications, or denied;
(2) A statement of any conditions included as part of an approval or
approval with modifications;
(3) A statement of facts upon which the decision, including any conditions,
is based, and the conclusions derived from those facts; and
(4) A statement of the right of any person to appeal the decision of the
Director pursuant to section I below.
f. The Director may refer the application to the Planning Commission for review
and recommendations prior to deciding the application. The application shall
also be referred to the Planning Commission for a recommendation at the
request of the applicant. The Planning Commission makes its recommendation
following its review of the proposal, the environmental checklist, and the
tentative threshold determination.
g. The permit, whether approved or denied shall be in the form required by WAC
173-14-120 or its successor.
5. Distribution/notification of Administrative Decision.
a. The Director shall mail the applicant the original of the completed permit form
and the findings and conclusions.
b. All persons who submitted comments on the application during .the comment
period (see paragraph 3 above) and anyone else requesting notification in
writing, shall be notified in a timely manner of the decision and'shall be mailed
a copy of the decision.
I. Appeals
Local appeals.
a. The decision of the Director may be appealed to the Hearing Examiner within
twenty-one (21) calendar days following the issuance of a written decision by
the Director.
b. Appeals shall be initiated by filing with the City Clerk a notice of ap~ settin
forth the action being appealed and the principal points upon which f e appeal
.based together with a fil>,ng fee as prescnbed by resolution of the Council.
c. If an appeal is filed, the case shall be reviewed as an open record hearing by the
Hearing Examiner, who shall follow the procedures established in
BIMC 2.16.130 or its successor.
d. The Hearing Examiner shall consider the criteria in paragraph H.4.b above and
may refer the application to the Planning Commission for a recommendation.
The decision of the Hearing Examiner shall be the final City action.
e. Within eight (8) days of final action by the City, including completion of
appeals or expiration of appeal periods, the Director shall file copies of the
action with the Department of Ecology and the Attorney General pursuant to
City of Bainbridge island Shoreline hfaster Program
November 26, 1996 (Corrected 1/98)
116
WAC 173-14-090 or its successor.
2. Washington State Department of Ecology Appeal Period
a. On the day the permit and other information required by WAC 173-14-090 or
its successor are received by Ecology and the Attorney General, the twenty-one
(21) day ap period begins. (Ecology generally sends a letter to the Director
and the app cant informing them of the date the application was received.)
b ma be a e twenty-one (21) day appeal period, the City decision on the permit
Y ppealed to the Washington State Shorelines Hearings Board as provided
by RCW 90.58.180 or its successor and WAC 461-08 or its successor.
c. Development pursuant to a shoreline permit shall not begin and is not authorized
until twen -one (21) days from the date of filing, as defined in RCW
90.58.140~)(b &c) or its successor and WAC 173-14-090 or its successor or until
all review proceedings initiated within twenty-one (21) days from the date of such
filing have been terminated, except as provided in RCW 90.58. (b) or its successor.
3. Revisions to Permits
a. When an applicant wishes to revise a permit, the applicant must submit detailed
plans and text describing the proposed changes. If the Director determines that
the revisions proposed aze within the scope and intent of the original pernut,
consistent with WAC 173-14~=064 or its successor, the Director may approve the
revision.
b. "Within the scope and intent of the original permit" means all of the following:
(1) No additional over-water construction is involved, except that pier,
dock, or float construction may be increased by five hundred (500)
squaze feet or ten (10) percent, whichever is less;
(2) Ground area coverage and height of each building is not increased more
than ten (10) percent;
(3) Additional structures do not exceed a total of two hundred fifty (250)
squaze feet;
(4) The revision does not authorize development to exceed height, setback,
lot coverage, or any other requirement of the City of Bainbridge Island
Shoreline Master Program;
(5) Additional landscaping is consistent with conditions, if any, attached to
the original permit and with the applicable Master Program;
(6) The use authorized pursuant to the original permit is not changed; and
(7) No substantial, adverse, environmental impact will be caused by the
project revision. WAC 173-14-064 (2)(a-~) as amended.,
c. If the sum of the proposed revision and any previously approved revisions do
not meet the critena above, an application for a new shoreline permit must be
submitted. If the revision involves a conditional use or shoreline variance
which was conditioned by the Department of Ecology, the revision also-must be
reviewed and approved by Ecology. [WAC 173-14-064 or its successor].
d. A City or Ecology decision on revision to the permit may be appealed within
twenty-one (21) days of such decision, in accordance with RCW 90.58.180 or
its successor and WAC 173-14-064 or its successor
e. Construction allowed by the revised permit that is not authorized under the
original permit is undertaken at the applicant's risk until the expiration of the
appeals deadline.
City oEBainbridge Island Shoreline hfaster Program
November 26, 1996 (Corrected 1/93)
117
4. Duration of Permits
a. Substantial Progress
(1) Substantial progress towards completion of a permitted activity shall be
undertaken within two (2) years after approval of the permit. See
Section II for definition of "substantial progress."
(2) The Director may, with prior notice to parties of record and to Ecology, ggrant one
extension of the two (2) Year time period for substantial progress for u~ to one (1) year based
on reasonable factors which would justify the extension, including the inability to expeditiously
obtain other governmental permits which are required prior to the commencement of
construction. The request for the extension must be. filed with the Director before the end of
the time limit.
b. Five Year Permit Authorization
(1). The authorization granted by an approved permit to construct any
structure or conduct any use or activity shall terminate five (5) years
after the date the permit is approved by the City, except that the permit
may be authorized for a lesser period of fixed duration.
(2). Where an approved permit authorizes construction, the use and
maintenance of the structure or facility may continue after the five (5)
year period, provided the structure was completed during the five (5)
year time lirrut or any approved extension.
(3) Where an approved permit authorizes a use or activity which does not
require a structure, such as mining or maintenance dredging, the use or
activity shall cease at the end of the five (5) year limit or any extension
as granted in paragraph (4) below.
(4). The Director may, with pnor notice to parties of record and to Ecology,
grant one (1) time extension of up to one year based on reasonable
factors which would justify the extension. The request for the extension
must be filed with the Director before the end of the time limit.
c. The running of the time periods shall not include the time during which an
activity was not actually pursued due to the pendency of reasonably related
administrative appeals or litigation.
d. When a permit is conditioned, the conditions shall be satisfied prior to
occupancy or use of a structure, or prior to commencement of a nonstructural
activity, provided an alternative compliance limit may be specified in the
hermit.
e. Revisions to permits may be authorized after the original permit has expired under
paragraph b of this section; provided this procedure shall not be used to extend the
original permit time requirements. [WAC 173-14-060 or its successor]... _-
City of Bainbridge Island Shoreline Master Program
November 26, (996 (Corrected V9$)
lls
SIIORE(,(tYESUBSTAr~1T7A[,OEVgI,OPMENT(`ER,~tIT& MINORVARI,~NCE
Publish Notice w()0 day public comment
Staff Review
Rocommcndation to Dircuor - - - - Plaruting Coaunission review &
rccomtst~~on ~~~ D'trxtor or
- - - - applipni roQtreA)
Fnal Staff .
Report
Diroaor Dcdsion /SEPA
Dcttsmination
Deasion/ SEPA Notice
combined
Send Ciry Dazcon to Ecology -
Substaruial Dwdopment Permit - Oay
received by Ecology bcgjns 21 day
appcai
- - - - - I
I
I
Appea! to Hearing Eum;ner
t -
I
I
4---------t
Variance -Ecology Dxision ..i[hin JO AAP~ to State Shoreline
dayz after roccip[ - 2I day appeal - - - - - - Hearings Board
Work may begin
atler appeal period
Tiguz~e 7-1
City of Qainbrid~_ Island S}[orclirc hfastcr Program
Novcmh_r 26, 1996 (Corrected I/98)
119
J. Shoreline Variance and Shoreline Conditional Use Permits
This subsection applies to all applications for Shoreline variances and Shoreline conditional use
permits. Where a development includes several uses or activities and one or more uses or
activities require a Shoreline conditional use permit, all uses and activities shall be processed
and decided following the shoreline conditional use procedures.
1. Shoreline variance: The purposes of a shoreline variance permit is strictly limited to
granting relief to specific bulk, dimensional, or performance standards set forth in the
Master Program, where there aze extraordinary or unique circumstances relating to the
property such that the strict implementation of the Master Program would impose
unnecessary hardships on the applicant or-thwart the Shoreline Management Act
policies as stated in RCW 90.58.020 or its successor.
a. Application - An application for a shoreline variance shall be submitted on a
form provided by the City. The application should be accompanied by maps, a
completed environmental checklist, applicable fees, and any other information
specified in the Master Program or requested by the Director.
b. Cnteria for Granting Shoreline variances -Shoreline variance permits for
development that will be located landward of the ordinary high water mazk
(OHWM), except within wetlands (marshes, bogs, or swamps) may be
authorized provided the applicant can demonstrate all of the following:
(1) The strict requirements of the bulk, dimensional, or performance
~' standards set forth in the Master Program preclude or significantly
interfere with a reasonable economic use of the property not otherwise
prohibited by the Master Program.
(2) The hardship described above is specifically related to the property and
is the result of unique conditions, such as irregular lot shape, size,
natural features, and the application of the Master Program, and is not,
for example, from deed restrictions or the applicant's own actions.
(3) The design of the project will be compatible with other permitted
activities in the area and will not cause adverse effects to adjacent
properties or the shoreline environment.
(4) The shoreline variance authorized does not constitute a grant of special
privilege not enjoyed by the other properties in the area and will be the
minimum necessary to afford relief.
(5) The public interest will suffer no substantial detrimental effect.
[WAC 173-14-150(2) or its successor].
c. Applications for shoreline variance permits where the development authorized
by the shoreline variance will be located either waterward of the ordinary high
water mark (OHWM) or within marshes, bogs or swamps may be approved or
approved with conditions or modifications subject to approval by Ecology, if the
. decision maker finds the applicant has demonstrated compliance with all of the
following criteria as well as those stated in paragraphs b and d:
(1) The strict application of the bulk, dimensional, or performance standards
set forth in the Master Program precludes a reasonable economic use of
the property not otherwise prohibited by the Master Program.
(2) The public nghts of navigation and use of the shorelines will not be
adversely affected.
d. In the granting of all shoreline variance permits, consideration shall be given to
the cumulative impact of additional requests for like actions in the area. For
City of Bainbridge Island Shoreline htastu Program
November 26, 1996 (Corrected U9S)
120
example, if shoreline variances were granted to other developments in the area
where similar circumstances exist, the total of the shoreline variances should
also remain consistent with the policies of RCW 90.58 or its successor and
should not produce substantial adverse effects to the shoreline environment.
2. Conditional Uses -The purpose of a shoreline conditional use permit is to allow greater
flexibility in applying the use regulations of the Master Program in a manner consistent
with the policies of RCW 90.58.020, or its successor provided that shoreline
conditional use permits should also be granted in a circumstance where denial of the
permit would result in a thwarting of State policy enumerated in RCW 90.58.020 or its
successor. In authorizing a conditional use, s >.al conditions may be attached to the
permit by the City or the State Department of F~.cology to pprevent undesirable effects of
the proposed use. Uses which are specifically prohibited by the Master Program may
not be authorized with approval of a shoreline conditional use pernut.
a. Uses classified as conditional uses may be authorized provided that the applicant
can demonstrate all of the following:
(1) The proposed use will be consistent with the policies of RCW 90.58.020
or its successor and the policies of the Master Program.
(2) The proposed use will not interfere with the normal public use of the
public shorelines.
(3) The proposed use of the site and design of the project will be compatible
with other permitted uses within the area.
(4) The proposed use will cause no unreasonably adverse effects to the
shoreline environment designation in which it is located.
(5) The public interest suffers no substantial detrimental effect. [WAC 173-
14-140(1) or its successor].
(6) The proposed .use is consistent with the provisions of the Zoning
Ordinance (BIMC Title 18) and the Comprehensive Plan
(Ordinance 94-21).
b. Other uses which are not listed in the Master Program as permitted or
conditional uses and are also not prohibited may be authorized as conditional
uses provided the applicant can demonstrate, in addition to the criteria set forth
in 2.a above that 1) extraordinary circumstances preclude reasonable economic
use of the property in a manner consistent with the policies of RCW 90.58.020,
or its successor) that the proposed use would not produce significant adverse
effects on the shoreline environment.
3. 4. If the Director decides that a shoreline variance permit application is minor in
its potential impacts, the Director shall decide the application following the procedures
in Section H. above Shoreline Substantial Development Permit Process, under 1.
Usually a shoreline variance shall be considered minor if it meets the following criteria:
a. .Projects of relatively small scale;
b. Projects involving only one property ; or
c. ~ Projects which have not generated significant public input.
5. Applications for shoreline variances not determined by the Director to be minor and all
shoreline conditional use permits shall be decided by the Hearing Examiner following
the procedures in BIMC 2.16.100, or its successor, supplemented by the following
provisions:
a. The Director shall prepare a staff report identifying the approval criteria,
providing available information on. the application, analyzing the proposal,
malting a recommendation on the proposal, making recommended findings of
fact and conclusions of law, and including any other information or
City of Bainbridge Island Shoreline hfaster Program
November 26, 1996 (CocTected 1/93)
121
6
7.
8.
recommendations which the Director believes are appropriate. The Duector
shall send a copy of the staff report to the applicant and the Hearing Examiner.
b. The Director may refer the application to the Planning Commission for a
recommendation.
c. In malQng the decision, the Hearing Examiner shall consider the applicable
criteria in 1 and 2 above. The applicant has the burden of proof to show that
the proposal complies with the decision criteria and all applicable requirements.
[RCW 90.58.140(7) or its successor].
d. The Hearing Examiner may refer the application to the Planning Commission
for a recommendation.
e. The decision of the Hearing Examiner may be appealed within twenty-one (21)
calendar days of the date of the decision to the City Council, which shall review
the decision on the record according to procedures and criteria established in
BIMC 2.16.140 or its successor. The Council shall issue a' written decision
within thirty-two (32) days of the public hearing date, unless the applicant and.
any adverse parties agree m writing to an extension of time.
The Duector shall mail the final City decision to the applicant, the State Department of
Ecology, and the State Attorney General. The permit must be received by Ecology
within eight (8) days of the date of the decision. Within eight (8) days of the date of
the decision, the Director shall also mail the decision to any person who requested
notice of the decision.
The State Department of Ecology shall approve, approve with conditions, or deny all
Shoreline vanance and shoreline conditional use permits approved by the City.
Ecology's decision must be made within thirty (30) days of the date the permit and
other information required by WAC 173-14-090 or its successor are received by
Ecology and the Washington State Attorney General. Ecology will send a letter to the
applicant and the City informing them of the decision. Upon receipt of the Ecology
decision, the Director shall notify those interested persons who requested notification.
Twenty-one Day Appeal Period
a. If the permit or shoreline variance was denied by the City, the twenty-one (21)
day appeal period begins on the day the denied permit or shoreline variance and
other information required by WAC 173-14-090 or its successor are received by
Ecology and the Attorney. General. Ecology usually sends a letter to the
Director and the applicant informing them of the date the application was
received.
b. If the permit or shoreline variance was approved by the local government, the
twenty-one (21) day appeal period begins on the day the permit or shoreline
variance was approved or denied by Ecology.
c. During the appeal period, the local government and/or Ecology decision on the
permit may be appealed to the Washington State Shorelines Hearings Board as
provided by RCW 90.58.180 or its successor.The applicant or any other party
authorized to conduct activities or uses by the decision shall not begin _
construction, development, or any authonzed use or activity until after the
twenty-one (21) day appeal period. Construction or use may occur during the
time a court appeal is underway provided 1) the permit was approved by the
local government and the State Shorelines Hearings Board, and 2) permission is
granted for the construction, use or activity under RCW 90.58.140(5)(9) or its
successor.
~~ty of ua~nbnage Island shoreline Master Program
November 26, 1996 (Corrected (/98)
122
SIIOItE(,[NE VARIANCfJ COND[Z'IONAI. USE PERMIT
Publish Application Notice w/30 day comment
Staff Rcvicw
Planning Cocrvnission ccvicw &
Recommendation to - - - - - - - - -~ cccommcndation (upon ccqucst of
Dircdor - - - - _ - - - Dircaor, applicant or Hearing
- Examiner)
SEPA
Dctamination and
SEPA Notice
I Fins! Staff Report
Hearing Examiner Public
Hearing
Hearing Examiner Decision - - - - - -
8c 2l day appeal
Decision Noticc-
City Decision sent to
Ecology
F'
Appeal to City
Council
Ecology Decision .~•ithin - - App-,_a1 to Sta[c Shordinc
JO days after rc<ciht- - - - - - - - - I{earirtr~s Board
21 day rp(r_al
Tigure 7-2
City oC Eainbridgc Island Shonaina Tvfastcr Program
[`rovambcr 26, 1996 (Corrected I/93)
123
K. Nonconforming Development
Applicability
This section applies to shoreline uses or structures which were lawfully constructed or
established pnor to the effective date of the Master Program, but which do not conform to
present regulations or standards of the Master Program or the policies of the Shoreline
Management Act.
Nonconforming uses and development may be continued provided that they shall meet the
following provisions:
1. Nonconforming Uses
a. Nonconforming uses shall not be altered or expanded in any way that increases
the nonconformity.
b. If a nonconforming use is discontinued for twelve (12) consecutive months, any
subsequent use shall be conforming.
c. A nonconforming use cannot be changed to another nonconforming use.
2. Nonconforming Structures
a. Expansion which increases the nonconformity shall not be allowed without a
shoreline variance. Repair, reconstruction, and expansion of nonconforming
structures which does not increase the nonconformity shall be permitted.
b. Permitted expansion of a nonconforming structure shall not obstruct the existing
views of the water from primary waterfront residences or public rights-of--way
to any greater degree than a fully conforming structure.
c.' If a nonconforming structure is damaged or destroyed , it may be reconstructed
to the configuration existing immediately prior to the time the structure was`
damaged or destroyed unless a shoreline variance is granted. Pursuant to
paragraph a, above, any repair or reconstruction under this paragraph shall be
allowed to include expansion which does not increase the nonconformity.
Reconstruction under this paragraph must be commenced within two (2) years
of the date of damage and completed within one (1) year of the commencement
of reconstruction, provided that a written request, submitted no later than
twenty-one (21) days prior to either deadline for an extension of six months,
may be granted, provided that the owner is not responsible for the delay.
L. Master Program Review
The Master Program shall be periodically reviewed by the Director and City Council and
adjustments made as necessary to reflect changing local circumstances,' new information or
improved data, and/or changges in State statutes and regulations. This review process shall be
consistent with WAC 173-19 or its successor requirements and shall include a local citizen
involvement effort and public hearing to obtain the views and comments of the public.
M. Amendments to Master Program
The provisions of the Master Program may be amended as provided for in RCW 90.58.120,
90.58.200 or its successor and WAC 173-19 or its successor. Any person, including the City,
may submit an application for an amendment to the Director together with any required fee.
Any amendment to the Master Program must satisfy the requirements of the State
City of Bainbridge Island Shoreline bfastcr Progrsm
Plovcmber 26, 1996 (Corrected 1/9S)
124
Environmental Policy Act (Chapter 43.21C RCW or its successor) and WAC 197-11 or its
successor.
The City Council shall approve, modify, or deny an application for an amendment after
conducting at least one public hearing to consider the proposal. Prior to conducting the
hearing, the City shall publish notice of the hearing a minimum of once in each of the three (3)
weeks immediately preceding the hearing in one or more newspapers of general circulation in
the area in which the hearing is to be held. The notice shall include:
1. Reference to the authority under which the action is proposed;
2. A statement or summary of the proposed changes to the Master Program;
3. The date, time, and location of the hearing, aiid the manner in which interested persons
may present their views; and
4. Reference to the availability of the proposal for, public inspection at the local
government office, or upon request.
As provided by State law, amendments and revisions to the Master Program are not effective
unless approved by the Washington State Department of Ecology.
Proponents for shoreline environment redesignations (i.e., amendments to the shoreline maps
and descriptions) have the burden of demonstrating consistency with shoreline environment
designation criteria of the Master Program and WAC 173-16-040(4) or its successor.
The Director shall send a copp of any locally approved amendment and the information
required by WAC 173-19-06~or its successor to Ecology within fourteen days of the date of
the City's decision. If Ecology denies or modifies the proposed amendment, the local
government may appeal the decision to the Growth Management Hearings Board as provided
in RCW 90.58.190
N. Severability
If any provisions of the Master Program, or its application to an person or legal entity or
parcel of land or circumstances, is held invalid, the remainder of the Master Program, or the
application of the provisions to other persons or legal entities or parcels of land or
circumstances, shall not be affected.
O. Inspections
Whenever it is necessary to make an inspection to enforce any of the provisions of this
ordinance or whenever the Director has reasonable cause to believe that there exists in any
building, or upon any remises, any condition which makes such a building or premises
nonconforming, the Director may enter such building or premises. If the building or premises
is occupied, the Director shall first present proper credentials and demand entry If the.
building or premises is unoccupied, the Director shall first make reasonable effort to locate the
owner or other persons having charge or control of the building or premises and demand entry.
If such entry is refused, the Director shall have recourse to every remedy provided by law to
secure entry, including administrative search warrant. Enforcement of this ordinance shall be
in accordance with the provisions of BIMC 1.25, Code Enforcement.
City of 6ainbridge Island Shoreline Master Program
November 26, 1996 (Corcected l/93)
125
Index
Accessory Dwelling Unit, 1 S
Accessory use, 24, 65, 7S, 86, 88, 92
Agriculture, 9, 15, 49, 66
Appurtenance, 15, 21, 23, 26
Aquaculture, 9, 15, 53, 57, 62¢6- 71
Aquatic eavironrrrent, S2, 67, 73, 91, 97,105
Archaeological and Historic Resources, 30-31
Average Grade Level, 1 S
Appeals
B
Beach enhancement, 73, 97, 98, 102, 104
Beach Enhancement/Restoration, 167-98
Boat house, 15, 16, 89, 108
Boat launch, 16, 38, S3, 71, 72, 74, 7S, 76, 77, 86
Boating Facilities, 1671-77
Buffer, 17
Bulkhead, S, 9, 10, 17, 18, 24, 2S, 77, 82, 88, 89, 99,8-
101; 108
Buoys 109-110
C
Clearing, 172-33
Commercial Development, 9, 12, 58, 66J7-79 108
Community docks, 109
Conditional use, 109
Conditional Use Permit, 17, 56, 66, 78, 83, 87, 90, 101
Conflicting provisions, 109
Conservancy environment, 50, 51, 53, 54, 55, 56, 68, 72, 78,
80, 81, 85- 92, 99, 102, 105, 107, 109
D
Dock, 17, 18, 28, 38, 58, 70- 72, 75- 77, 82, 83, 88, 8S1ti06-
110, 117
Joint-use, 17
Dredging, 18, 19, 26, 53, 70, 72, 73, 76, 82, 83, 9u01-
104, 118
E
Emergency, 31, 114
Environmental impacts, 323-34, 37, S0, 53, 67, 68, 83,
106
Environmentally Sensitive Areas, 8, 1~q.36. S6, 74, 81,
88, 90, 91, 92
Environments
Aquatic environment, 52
Conservancy environment, 34, S0, 53
Natural environment', 27, 49, 50
Rural environment; 49
Sewi-rural environment; 48, 49, 78, 89
Urban environment, 38-40, 47, 48, 72, 78, 82, 87-91, 99,
lOS, 109
Exemptions,112-114
Floating Home, 20
Flood Hazard Management, 2079-80
Flood Protection, 25
Forest Practice, 20$0-Sl
Forestry, 49, S1, 66
G
Golf Courses, S9, 87
Grading, 15, 19, 20, 27, 32, 33, 37, 77, 80, 88, 97
Height, 21
Height limits, 62, 63, 64, 65
Houseboat, 21
HPA, 21
I
Industrial development, 47$2-84
a.~ry or tsainDndge Island Shoroline Master Program
November 26, 1996 (Corrected 1/98)
126
Landfill, 9, 10, 21, 60, 91, 94, 104, 105
Live-aboard, 22, 73
Live-aboard Vessel, 22
M
Marina, 16, 20, 22, 71, 73-77
Marine railways, 77
Mining, 1, 8, 19, 22, 23, 66, 72, 73, 84, 111, 114, 118
Mooring Buoy, 23,109-110
Multi-family Dwelling or Residence, 23
N
Native vegetation zone, 8, 9, 17, 23, 32, 3$6, 37, 40, 44,
49, 54, 74, 80, 81-83, 86-90, 99
Nonconforming Development, 2324
0
OHWM, Ordinary High Water Mark, 23
Open Space, 23
P
Parking, 23
Pier, 9, 10, 24, 58, 61, 71, 83, 106, 107, 108
Public access, 1, 4, 11; 13, 23, 28, 31, 35, 38;9-02, 47, 51,
53, 67, 72, 75, 83, 85, 87, 88, 90, 95, 97, 99, 101, 104,
105
Recreatiog85-88
Recreational Float, 9, 10, 24, 58, 61, 71, 106, 109
Residential development$8-90
Revetment, 9, 10, 24, 60, 98, 99, 100, 101
Rural environment, 48, 49, 72
S
Setback, 25, 44, 62, 84, 109
Ship and Boat Building and Repair Yards, 84
Shoreline conditional use permit, 103, 111, 112, 121, 122
Shoreline Management Act, 1-0, 7, 11, 15, 17, 19, 20, 22,
23, 25, 26, 28, 33, 41,44, 56, 66, 87, 98, 101,111,113-
115, 120, 124
Shoreline stabilizatioq 34, 51, 73, 80, 95-97, 99,107
Shoreline variance, 111-114, 117, 120-122, 124.
Shorelines Hearings Board, 26
Shorelines of State-wide Significance, 20,1-03, 70
Signs, 26, 31, 41-43; 65, 75, 76, 86, 95
Solid waste, 26, 33, 92
Stotmwater, 9, 44, 79, 95
T
Tram, 89
Transportation, 4, 12, 19, 29, 33, 43, 58, 66, 71, 77, 82, 83,
90-93
U
Uses
Water-dependent, 11, 40, 47, 53, 78, 83, 90, 99, 100,
103-105
Utilities, 15, 20, 21, 27, 28, 4183, 48, 49, 66, 67, 77, 82,
83,88,91-94
V
Variance, 28, 46, 70, 88, 101
Vegetation zone, native, 36-37
W
Water quality, 23, 24, 32, 33, 36-38, 43}4, 50, 67, 68, 72,
73, 79, 80, 83, 84, 87, 93, 97, 99, 102, 104-106
Yacht club, 71
City of Bainbridge Island Shoreline Master Program
November 26, 1996 (Corrected 1/98)
127
nd
>ter Plan
~70NYL,vTS
,ruunl