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Bainbridge Island, WA Shoreline Management Master Program

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Bainbridge Island, WA Shoreline Management
Master Program

This Shoreline Management Master Program was funded in part through a cooperative agreement with the National Oceanic Atmospheric Administration.

The views expressed herein 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

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 City and the project consultant team during Master Program development. The City would like to thank Rob Garwood, Bainbridge Island Shoreline Planner; Theresa Rice, Bainbridge Island Project Assistant; Joan Nelson, Assistant Planning Director; the members of the Shoreline Work Group and all other group participants for their assistance in the completion of this project. Original art was prepared by Steve Kennel, who retains all copyrights to that work. Front cover by John Owen.

Shoreline Work Group

Questions regarding this Master Program should be directed to:

Shoreline Master Program

Table of Contents

Table of Figures
Introduction
Purpose of the Shoreline Management Act
Shoreline Management Act Administration
Scope of Shoreline Management Act
Local Shoreline Master Programs
Public Participation
Bainbridge Island's Shorelines

Section I GOALS

A. Master Goal
B. Shoreline Use Element
C. Economic Development Element
D. Roadways, Trails and Waterways Element
E. Conservation Element
F. Public Access Element
G. Historic/Cultural/Education Element
H. Recreation Element
I. Harbor Use and Safety Element
J. Comprehensive Long-Range Planning Element

Section II DEFINITIONS

Section III GENERAL POLICIES AND REGULATIONS

A. Archaeological and Historic Resources
B. Clearing and Grading
C. Environmental Impacts
D. Environmentally Sensitive Areas
E. Native Vegetation Zone
F. Parking
G. Public Access - Visual and Physical
H. Shorelines of State-wide Significance
I. Signs
J. Utilities (Accessory)
K. Water Quality

Section IV ENVIRONMENT DESIGNATIONS

A. General
B. Urban Environment
C. Semi-rural Environment
D. Rural Environment
E. Conservancy Environment
F. Natural Environment
G. Aquatic Environment
H. Aquatic Conservancy Environment
I. Master Program Summary Matrices

Section V SPECIFIC SHORELINE USE POLICIES AND REGULATIONS

A. Introduction
B. Agriculture
C. Aquaculture
D. Boating Facilities
E. Commercial Development
F. Flood Hazard and Stormwater Management
G. Forest Practices
H. Industry
I. Mining
J. Recreational Development
K. Residential Development
L. Transportation Facilities
M. Utilities (Primary and Accessory) (Also see Section III, J.)

Section VI SHORELINE MODIFICATION POLICIES AND REGULATIONS

A. General Shoreline Modification Provisions
B. Beach Enhancement
C. Shoreline Armoring (Revetments and Bulkheads)
D. Dredging and Dredge Material Disposal
E. Landfill
F. Piers, Docks, Recreational Floats, and Mooring Buoys

Section VII ADMINISTRATION

A. General
B. Director
C. Hearing Examiner
D. City Council
E. Permit or Exemption Required Before Undertaking Development or Activity
F. Fees
G. Permit Application
H. Shoreline Substantial Development Permit Process
I. Appeals
J. Shoreline Variance and Shoreline Conditional Use Permits
K. Nonconforming Development
L. Master Program Review
M. Amendments to Master Program
N. Severability
O. Inspections

Index Table of Figures

Figure 1-1 SHORELINE JURISDICTION

Figure 1-2 MAP OF BAINBRIDGE ISLAND

Table 1-1. User's Guide to Bainbridge Island's SMP

Table 4-1. Shoreline Use and Modification Activity Matrix

Table 4-2. Use-related Development Standards Matrix

Figure 7-1 SHORELINE VARIANCE/CONDITIONAL USE PERMIT

Figure 7-2 SHORELINE SUBSTANTIAL dEVELOPMENT PERMIT AND MINOR VARIANCES

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 are 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, who 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 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 areas 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:

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.
Development of an inventory of natural characteristics and land use patterns along those designated water bodies.
Preparation 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.

Figure 1-1 Shoreline Jurisdiction

Provisions of the Act apply to the following, geographical, shoreline areas:

All marine waters of the state, together with the lands underlying them;
Streams and rivers with a mean annual flow of 20 cubic feet per second (cfs) or more;
Lakes and reservoirs larger than 20 acres in area;
Wetlands (a specific Shoreline Management Act term which includes related upland, shoreland, and wetland areas) associated with all of the above; and
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.

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 are considered an element of the City�s Comprehensive Plan. All other portions of the SMP, including the use regulations, are 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, two 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 100 letters 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 harbors or bays, each having a long and interesting history and a wide variety of uses. Eagle Harbor has the most activity, including a ferry 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 of fish 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 grows 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 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.

Figure 1-2 Map of Bainbridge Island

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.

Table 1-1. User's Guide to Bainbridge Island's SMP

SMP Section	Contents	What It Means to your Proposal
I Goals	Broadest policy contained in the SMP. Provides basis for all other SMP provisions. Includes recommendations for specific actions (for example, open space acquisition).	Used by the City to resolve question's regarding a proposal's consistency with the SMP and the Shoreline Management Act.
II Definitions	Contains definitions of terms used in the SMP.
III General Policies and Regulations	Provisions that apply to all shoreline development including specific standards for: Archeological/Historic Resources Clearing and Grading Environmental Impacts Environmentally Sensitive Areas Native Vegetation Zone Parking Public Access and View Protection Shorelines of Statewide Significance Signs Utilities (accessory) Water Quality	The general provisions apply to all shoreline uses and activities. Consult this section before and after determining what specific shoreline use(s) and shoreline modification provisions apply to your proposal.
IV Environment Designation Policies and Regulations Environment Designation (Continued)	Describes shoreline environment designations and the criteria for classifying shorelines. Includes provisions specific to each of the following environment designations: Natural Conservancy Rural Semi-rural Urban Aquatic Aquatic Conservancy Summarizes SMP requirements in two matrices: Use and Activity Matrix Use-related Development Standards Matrix	Consult this section to determine whether your proposal is located within shoreline jurisdiction, what shoreline environment it is located in and whether the proposed use or activity is prohibited, permitted or permitted with a Conditional Use permit. To ascertain the environment of a particular property, consult the official SMP map. Consult this section for a summary of site development standards such as heights and native vegetation zones.
V Specific Shoreline Use Policies and Regulations	Specific shoreline use provisions for each of the following shoreline uses or categories of uses: Agriculture Aquaculture Boating Facilities Commercial Development Flood Hazard and Stormwater Management Forest Practices Industry Mining Recreational Development Residential Development Transportation Facilities Utilities (primary)	Consult this section for specific standards which apply to the proposed shoreline use - for example, provisions for residential development. Don't forget! Your proposal must also comply with the general provisions in Section III.
VI Shoreline Modification Activity Policies and Regulations	Provisions for each of the following shoreline modification activities: Beach Enhancement Shoreline Armoring (Bulkheads, Revetments, Seawalls) Dredging and Dredge Material Disposal Landfill Piers, Docks and Recreational Floats and Mooring Buoys	Consult this section for specific standards which apply to any shoreline modification activity associated with your proposal - for example, provisions for bulkheads. Don't forget! Your proposal must also comply with the general provisions in Section III.
VII Administration and Enforcement	Describes the permit application and review process.	Consult this section for legal and administrative requirements for Shoreline Substantial Development Permits (SSDP), Conditional Use Permits (CUP), and Variances.

Section I 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 are uses which promote sustainable development.

B. Shoreline Use Element

1. 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 are 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 area 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.

Increase public access to publicly-owned areas of the shorelines.
Increase public recreational opportunities on the shoreline.

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.
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.
Ensure that proposed shoreline uses give consideration to the rights of private property ownership and the rights of others.
Encourage innovative shoreline uses consistent with this program.
Encourage joint-use activities in proposed shoreline developments.
Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and function.
Ensure that planning, zoning and other regulatory and nonregulatory programs governing lands adjacent to the shoreline jurisdiction are consistent with the Shoreline Master Program.

C. Economic Development Element

1. Promote sustainable economic development.

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.
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 are classified as water-dependent, water-related, or water-enjoyment uses and discourage and/or prohibit nonwater-oriented uses which are 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, while 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 barriers 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.

Protect and enhance marine and marine-oriented transportation and water-dependent transportation facilities.

E. Conservation Element

1. Acknowledge natural shoreline processes and seek alternatives to structures that adversely affect the shoreline.

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.

Encourage State and local government to acquire additional shoreline properties for public recreational uses.

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.

Section II DEFINITIONS

Accessory Dwelling Unit - Separate living quarters contained within, or detached from, a single-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 BIMC Title 18.

Anadromous Fish - Species such as salmon, which are 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(1d) or its successor].

Appurtenance - A structure or development which is necessarily connected to the use and enjoyment of a single-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 of fish, 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 areas. 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 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 of wave-heaped sand and/or gravel) under a bluff, 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 landward 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 paralleling 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.

Breakwater - Offshore structure, usually aligned parallel to shore, sometimes shore-connected, that provides protection from waves.

Buffer - A parcel or area 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 area.

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 may be 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.

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(3d) 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 environmental 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 shoreform(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 Sills - 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.

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(1d) 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 are 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 characteristics 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 areas include, but are not limited to, aquifer recharge areas; wildlife habitat areas; fish breeding; rearing or feeding areas frequently flooded areas; geologically hazardous areas (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 characterized by low bank channels branching off the main streamway to form a broad, near-level delta. The bank, bed, and delta materials are typically silt and clay. Banks are 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.

Exemption - Certain developments are exempt from the definition of substantial developments and, therefore, are 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 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 and/or regulatory controls.

Floodplain - Synonymous with one hundred-year floodplain, this is that land area susceptible to being inundated by stream-derived waters with a one percent chance of being equaled or exceeded in any given year. The limits of this area 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 area of a river valley lying streamward 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 mean 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 way which 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.

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 similar 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 mark.

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 of ocean-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 of Natural 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 OHWM, 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 land from floods.

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 linear 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 parallel to the shoreline in the nearshore 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 or not consecutive, in any calendar year.

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 are located in the intertidal or offshore zone (the Aquatic environment). Backshore marinas are located landward of OHWM. There are 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 can hoist vessels off trailers 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 characterized 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 batching operations.

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 (OHWM).

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(1b) 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(1b) 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.

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.

RCW - 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 Weir - See Groin.

Runoff - Water that is not absorbed into the soil, but rather flows along the ground surface following the topography.

Salmon and Steelhead Habitats - Gravel bottom streams, creeks, and rivers used for spawning; streams, creeks, rivers, side channels, ponds, lakes, and wetlands used for rearing, feeding, cover 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 landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; 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 are 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].

Shoreline Substantial Development Permit - A mechanism through which the City 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) - A six-member, quasi-judicial body, created by the Shoreline Master Program, which hears appeals by any aggrieved party 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 seaward 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 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 Moorage - Moorage for a stay of less than two (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, railroad facilities, ferry terminals, float plane terminals, heliports, and other related facilities.

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 a water-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, educational/scientific 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 of water-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 arrival or shipment of materials by water or the need for large quantities of water or,

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 of water-transported foods.

Examples of water-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 "shoreland areas."

Zoning - To designate by ordinance, including maps, areas of land reserved and regulated for specific land uses.

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.

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.
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.
Shoreline uses, modification activities, and conditions listed as "prohibited" shall not be eligible for consideration as a Shoreline Variance or Shoreline Conditional Use Permit.
The policies listed in the Master Program shall provide broad guidance and direction and shall be used by the Director in interpreting the "regulations."
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

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.
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.

Regulations

All shoreline permits shall contain provisions which require developers to immediately stop work and notify the City if any phenomena of possible archaeological 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 archaeological 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).
Permits issued in areas 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.
Significant archaeological 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 City 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 may be 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.

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.

Applicability

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

Clearing and grading activities should be designed and conducted to minimize impacts to water quality and wildlife habitat. Sedimentation of creeks, streams, ponds, lakes, and wetlands and resulting degradation of water quality should be avoided.
Clearing and grading should be limited to the minimum necessary to accommodate permitted shoreline development.
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.
Following project completion, remaining disturbed areas should be promptly replanted.
Clearing and grading activities should be designed with the objective of maintaining native vegetation areas.
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

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.
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 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.
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 (500) cubic yards of material shall be designed by a licensed engineer to prevent maintenance problems or adverse impacts to shoreline features.

C. Environmental Impacts

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.

Applicability

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

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.
Solid waste, liquid waste, and untreated effluent (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.
The release of oil, chemicals, or other hazardous materials onto or into the water is prohibited. Equipment for the transportation, storage, handling, or application of 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.
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, installation and required maintenance of oil/water separators, grassy swales, interceptor drains and landscaped buffers.
All shoreline uses and activities shall utilize effective erosion control methods during project construction and operation.
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.
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.
The location, design, construction, and management of shoreline uses and activities shall minimize adverse impacts to surrounding land and water uses.
The location, design, construction and management of shoreline uses and activities shall avoid hazards to public health and safety.
All shoreline uses and activities shall be located and designed to minimize the need for shoreline stabilization measures and flood protection. (See Section VI, Shoreline Modification Activity Policies and Regulations.)
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).
See Environmentally Sensitive Areas in the next subsection for additional provisions which may apply.

D. Environmentally Sensitive Areas

Applicability

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.
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.).
In areas adjacent to environmentally sensitive features and their native vegetation zones, use intensities should be regulated to protect environmentally sensitive features.

Regulations

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.
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.)
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.
When sensitive areas and/or sensitive area native vegetation zones are 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.)
Fish and wildlife habitat enhancement or restoration shall be allowed when approved by appropriate resource agencies.
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.
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 mitigation 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.
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.

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.

Applicability

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

Preservation of native plant species is key to maintaining the ecology of the shoreline as well as preserving the Island�s natural character.
Native plant communities within the shoreline jurisdiction should be protected, maintained, and enhanced.
Degraded shorelines should be restored to provide native habitats and enhance water quality.
Development should preserve existing environmental features to minimize disturbance of natural systems.
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.
The City should implement a public education program emphasizing the importance of maintaining native vegetation in the shoreline.

Regulations

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.)
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.
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.
Removal of nonnative plants and plants on the State noxious weed list shall be allowed within the native vegetation zone.
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.
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.
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.
Accessory utility lines determined 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) may be allowed. (See BIMC, Chapter 16.20.080 Geologically Hazardous Areas, for additional regulations which may apply.)
To allow flexibility when required because of site limitations, the depth of the native vegetation zone (measured from OHWM) may be 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 shall 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.

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

Applicability

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.

Policies

Parking should directly serve a shoreline use and be sensitive to adjacent shorelines and properties.
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.
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

Parking shall be prohibited over water except at the publicly-owned ferry terminal in the Urban environment.
Parking in the shoreline jurisdiction shall directly serve a shoreline use and is a conditional use in the Natural designation.
Parking facilities shall be designed and landscaped to minimize 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.
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.
Parking facilities shall provide safe and convenient pedestrian circulation within the parking area and to the shoreline.
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.
See Section V, Shoreline Use Policies and Regulations for restrictions related to specific uses.

G. Public Access - Visual and Physical

Purpose

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.
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.
With respect to public property, the following provisions are 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.
"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 shoreland features.

Policies

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 multiresidential uses of five or more building lots.

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.
Acquisition of small, unbuildable lots should be considered as a way to increase opportunities for the public to enjoy the shoreline.
Intense public use, as opposed to neighborhood use, of the shoreline should be limited to parks and the Urban environment.
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.
The Winslow Waterfront Trail should be completed and protected.
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.
Shoreline development, uses, and activities should not unreasonably impair or detract from the public's physical and visual access to the water.
Public access should be provided without adversely affecting the shoreline environment.
City-owned shorelines should be reserved for water-dependent or public recreational uses, or maintained as open space.
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.
Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy.
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.
Shoreline and water views from public upland areas should be preserved and 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.)
Development should minimize visual impacts to the natural shoreline landscape.

Regulations

1. 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.

3. 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.

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].

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 and/or on the face of the plat or short plat as a condition running with the authorized land use. Recording with the County Auditor's office 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.

When properties are subdivided, owners of newly created lots which do not have frontage on the water shall be provided common access to the wa