ORD NO. 2016-06 AQUACULTURE POLICIES AND REGULATIONSORDINANCE NO. 2016-06
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
aquaculture policies and regulations; amending the City's Shoreline Master
Program and amending Sections 16.12.030-1, 16.12.030-2, 16.12.040 and
16.12.080 of the Bainbridge Island Municipal Code (BIMC).
WHEREAS, the City's Shoreline Master Program Update (hereafter "SMP") was
approved by the Department of Ecology on July 16, 2014 and became effective on July 30, 2014;
and
WHEREAS, on October 6, 2014, Bainbridge Alliance for Puget Sound; Association of
Bainbridge Communities; and Coalition to Protect Puget Sound Habitat (hereafter the
Alliance") filed a Petition for Review with Washington Growth Management Hearings Board
GMHB)(Case No. 14-3-0011); and
WHEREAS, the Alliance, by through its Petition, alleged that the City's SMP
regulations relating to aquaculture were not consistent with the Washington State Shoreline
Management Act ("SMA") and in conflict with certain sections of Washington Administrative
Code ("WAC") Chapter 173-26; and
WHEREAS, on November 5, 2014, the Pacific Cost Shellfish Growers Association
PCSGA") moved to intervene in the above-described litigation in order to ensure that its
interests not be impaired thereby; and
WHEREAS, at its December 9, 2014 regular business meeting, the City Council of the
City of Bainbridge Island passed a motion directing the Planning and Community Development
Department to prepare an amendment to the July 30, 2014 SMP pertaining to aquaculture to
bring the aquaculture regulations into alignment with the language contained in the June 7, 2013
version of the SMP pertaining to aquaculture regulations; and
WHEREAS, as a result of the City Council's December 9, 2014 direction, and in order
to obtain the GMHB's approval of an extension of the hearing on the merits, the City, the
Alliance, and PCSGA (the "Parties") agreed to enter into settlement discussions; and
WHEREAS, the Parties met several times between January 2015 and January 2016 to
identify revisions to the SMP's aquaculture regulations that would further the City Council's
December 9, 2014 direction while balancing the interests of the Parties; and
WHEREAS, the revisions to the SMP's aquaculture regulations herein ("Revisions")
represent the City's best efforts to comply with the City Council's December 9, 2014 direction
while balancing the interests of the Parties; and
WHEREAS, the Planning Commission reviewed the Revisions at a study session on
March 24, 2016; and
WHEREAS, the Planning Commission conducted a public hearing on the Revisions
contained in this proposed Ordinance No. 2016-06 on April 14, 2016; and
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WHEREAS, the City Council reviewed the Revisions at a business meeting on June 14,
2016 and June 28, 2016; and
WHEREAS, the City Council conducted a public hearing on this proposed Ordinance
No. 2016-06 on July 26, 2016 that was continued to August 23, 2016; and
WHEREAS, the City Council reviewed the Revisions at a business meeting on
September 13, 2016 and September 27, 2016; now therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The City's "WAC 173-26-110 Submittal Package," which includes a summary of
proposed amendments to policy and regulatory language with explanatory text and other
materials which document the necessity for the proposed changes to the City's Shoreline Master
Program, is incorporated by this reference as findings of fact.
Section 2. That Subsection entitled "Aquaculture" within Table 16.12.030-1: Shoreline Use
Modification Table of the Bainbridge Island Municipal Code is hereby amended to read as set
forth in Exhibit 1 attached to this ordinance and incorporated herein by this reference and the
remaining portions of Table 16.12.030-1 shall remain unchanged.
Section 3. That Subsection entitled "Aquaculture" within Table 16.12.030-2: Dimensional
Standards Table of the Bainbridge Island Municipal Code is hereby amended to read as set forth
in Exhibit 2 attached to this ordinance and incorporated herein by this reference and the
remaining portions of Table 16.12.030-2 shall remain unchanged.
Section 4. The aquaculture policies and regulations of the SMP are hereby amended to read as
set forth in Exhibit 3 attached to this ordinance and incorporated herein by reference. That
Subsection 5.2 entitled "Aquaculture" of Section 5.0 — Specific Shoreline Use and Development
Policies and Regulations — is amended and the remaining portions of Section 5.0 shall remain
unchanged. Pursuant to RCW 36.70A.480(1), use regulations shall be a part of the City's
development regulations and shall be codified as an amended Chapter 16.12 of the Bainbridge
Island Municipal Code, including an amended Section 16.12.040. The Director of Planning and
Community Development shall work with the codifier of the Bainbridge Island Municipal Code
in order to ensure that the regulations in the SMP are appropriately codified.
Section 5. Those Subsections within Section 16.12.080, Definitions, entitled "Aquaculture";
Aquaculture, Shellfish Garden"; "Aquaculture, Commercial"; and "Aquaculture, Non-
Commercial" of the Bainbridge Island Municipal Code are amended to read as follows and the
remaining portions of Section 16.12.080 shall remain unchanged:
Aquaculture — The culture or farming of fish, shellfish, or other aquatic plants and
animals. Aquaculture does not include the harvest of wild geoduck associated with the
state-managed wildstock geoduck fishery. Upland finfish rearing facilities are included
in the definition of agriculture and are not considered aquaculture for the purpose of this
SMP. . .. . . - . .
planting, feeding, raising, and harvesting of aquatic plants and animals, and the
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maintenance and construction of necessary equipment and buildings. Cultivation
methods include, but are not limited to, fish pens, shellfish rafts, racks and long lines,
seaweed floats and nets, and the planting and harvesting of clams and oysters.
of shellfish for personal human use and consumption on public and private tidelands
Aquaculture, Commercial: Commercial Aquaculture is the cultivation of fish, shellfish
or other aquatic plants and animals for sale.
Aquaculture, Non-Commercial: The cultivation of fish, shellfish or other aquatic plants
and animals for personal consumption, research, or restoration or enhancement of native
species.
Section 6. That Subsection entitled "1.3.4 Relationship to Other Plans and Regulations is
amended to read as follows and the remaining portions of Subsection 1.3.4 shall remain
unchanged:
7. This SMP will be applied consistent with all applicable federal, state and local
laws including, without limitation,those affecting tribal treaty rights.
Section 7. This ordinance shall take effect upon the date of a letter to the City of Bainbridge
Island from the Washington State Department of Ecology approving the Shoreline Master
Program Limited Amendment adopted by this ordinance.
PASSED BY THE CITY COUNCIL this 11th day of October, 2016.
APPROVED BY THE MAYOR this 11th day of October, 2016.
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Va'Tol e son , May•
ATTEST/AUTHENTICATE:
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Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: July 12, 2016
PASSED BY THE CITY COUNCIL: October 11, 2016
PUBLISHED: October 14, 2016
EFFECTIVE DATE:This ordinance shall take effect upon the date
of a letter to the City of Bainbridge Island from
the Washington State Department of Ecology
approving the Shoreline Master Program Limited
Amendment adopted by this ordinance.
ORDINANCE NUMBER: 2016-06
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