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Title 16
ENVIRONMENTChapters:
16.04 Environmental Policy
16.08 Policies for Conditioning or Denying Governmental Action
16.12 Shoreline Master Program
16.16 Noise Regulation
16.20 Critical Areas
16.22 Vegetation Management
16.24 Protection and Preservation of Farmlands and Open Space
16.26 Right to Farm
16.28 Mining
16.30 Pest Management and Pesticide Use
Chapter 16.04
ENVIRONMENTAL POLICY1Sections:
Part I. Authority
16.04.010 Authority.
Part II. General Requirements
16.04.020 Purpose of this part and adoption by reference.
16.04.030 Additional definitions.
16.04.040 Designation of responsible official.
16.04.050 Lead agency determination and responsibilities.
16.04.053 Transfer of lead agency status to a state agency.
16.04.055 Additional considerations in time limits applicable to the SEPA process.
16.04.058 Additional timing considerations.
Part III. Categorical Exemptions and Threshold Determinations
16.04.065 Purpose of this part and adoption by reference.
16.04.070 Flexible thresholds for categorical exemptions.
16.04.080 Use of exemptions.
16.04.090 Environmental checklist.
16.04.100 Threshold determination (DNS, mitigated DNS, optional DNS and DS).
Part IV. Environmental Impact Statement (EIS)
16.04.110 Purpose of this part and adoption by reference.
16.04.120 Preparation of EIS – Additional considerations.
16.04.125 Additional elements to be covered in an EIS.
Part V. Commenting
16.04.128 Adoption by reference.
16.04.130 Public notice.
16.04.140 Designation of official to perform consulted agency responsibilities for the city.
Part VI. Using Existing Environmental Documents
16.04.150 Purpose of this part and adoption by reference.
Part VII. SEPA and Agency Decisions
16.04.155 Purpose of this part and adoption by reference.
16.04.160 Substantive authority.
16.04.170 Appeals.
16.04.173 Notice/statute of limitations.
Part VIII. Definitions
16.04.175 Purpose of this part and adoption by reference.
Part IX. Categorical Exemptions
16.04.180 Adoption by reference.
Part X. Agency Compliance
16.04.185 Purpose of this part and adoption by reference.
16.04.190 Critical areas.
16.04.200 Fees.
Part XI. Forms
16.04.205 Adoption by reference.
Part I. Authority
16.04.010 Authority.
A. The city adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904.
B. This chapter contains this city’s SEPA procedures and policies.
C. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 92-06 § 1, 1992)
Part II. General Requirements
16.04.020 Purpose of this part and adoption by reference.
This part contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 of the Washington Administrative Code (WAC) by reference:
WAC
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
197-11-158 GMA project review – Reliance on existing plans, laws and regulations.
197-11-164 Planned actions – Definition and criteria.
197-11-168 Ordinances or resolutions designating planned actions – Procedures.
197-11-172 Planned actions – Project review.
(Ord. 98-37 § 1, 1998; Ord. 92-06 § 1, 1992)
16.04.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
A. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.
B. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures).
C. “City department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order. (Ord. 92-06 § 1, 1992)
16.04.040 Designation of responsible official.
A. For those proposals for which the city is the lead agency, the responsible official shall be the director of planning and community development or any other such person as the director may designate in writing.
B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in BIMC 16.04.020.
C. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 92-06 § 1, 1992)
16.04.050 Lead agency determination and responsibilities.
A. If the city receives an application for or initiates a proposal that involves a nonexempt action, the city shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the city is aware that another agency is in the process of determining the lead agency.
B. When the city is not the lead agency for a proposal, the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. The city shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.
C. If the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 14 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 14-day time period. Any such petition on behalf of the city may be initiated by the responsible official.
D. The city is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any city department that will incur responsibilities as the result of such agreement approve the agreement.
E. The city, in making a lead agency determination for a private project, shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: which agencies require nonexempt licenses?). (Ord. 98-37 § 2, 1998; Ord. 92-06 § 1, 1992)
16.04.053 Transfer of lead agency status to a state agency.
For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 92-06 § 1, 1992)
16.04.055 Additional considerations in time limits applicable to the SEPA process.
Time estimates contained in this section (expressed in calendar days) shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. Time periods for making threshold determinations shall commence upon payment of fees.
A. Categorical Exemptions. The city will normally identify whether an action is categorically exempt within seven days of receiving a completed application.
B. Threshold Determinations. When the city is lead agency for a proposal, the following threshold determination timing requirements apply:
1. If a DS is made concurrent with the notice of application, the DS and scoping notice shall be combined with the notice of application (RCW 36.70B.110). Nothing in this subsection prevents the DS/scoping notice from being issued before the notice of application. If sufficient information is not available to make a threshold determination when the notice of application is issued, the DS may be issued later in the review process.
2. If the city is lead agency and project proponent or is funding a project, the city may conduct its review under SEPA and may allow appeals of procedural determinations prior to submitting a project permit application.
3. If an open record predecision hearing is required, the threshold determination shall be issued at least 15 days before the open record predecision hearing (RCW 36.70B.110 (6)(b)).
4. The optional DNS process in WAC 197-11-355 may be used to indicate on the notice of application that the lead agency is likely to issue a DNS. If this optional process is used, a separate comment period on the DNS may not be required (refer to WAC 197-11-355(4)). (Ord. 98-37 § 3, 1998; Ord. 92-06 § 1, 1992)
16.04.058 Additional timing considerations.
A. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications.
B. In addition to the environmental documents, an applicant shall submit the following information for early environmental review:
1. Site plan as required by the zoning code.
2. Other information as the responsible official may determine. (Ord. 92-06 § 1, 1992)
Part III. Categorical Exemptions and Threshold Determinations
16.04.065 Purpose of this part and adoption by reference.
This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for integrating SEPA environmental analysis with project review and for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this part:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of non-significance (DNS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS process.
197-11-360 Determination of significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
(Ord. 98-37 § 4, 1998; Ord. 92-06 § 1, 1992)
16.04.070 Flexible thresholds for categorical exemptions.
A. Categorical exemptions are adopted by reference under Section 16.04.180. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
1. For residential dwelling units in WAC 197-11-800 (1)(b)(i): four units.
2. For agricultural structures in WAC 197-11-800 (1)(b)(ii): 10,000 square feet.
3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800 (1)(b)(iii): 4000 square feet and 20 parking spaces.
4. For parking lots in WAC 197-11-800 (1)(b)(iv): 20 parking spaces.
5. For landfills and excavations in WAC 197-11-800(1)(b)(v): 100 cubic yards.
B. The city shall send the new exempt levels established under this section to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800 (1)(c). (Ord. 92-06 § 1, 1992)
16.04.080 Use of exemptions.
A. Upon receiving an application for a license or, in the case of governmental proposals, initiating the proposal, the city shall determine whether the license and/or the proposal is exempt. The city’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal.
B. In determining whether or not a proposal is exempt, the city shall make certain the proposal is properly defined and shall identify the governmental licenses required. WAC 197-11-060. If a proposal includes exempt and nonexempt actions, the city shall determine the lead agency, even if the license application that triggers the city’s consideration is exempt.
C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
1. The city shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have an adverse environmental impact; or
c. Any action that would limit the choice of alternatives.
2. The city may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
3. The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
D. 1. Short subdivision of lands previously subdivided under an exemption from the SEPA rules shall not be exempt from environmental review.
2. Proposed short subdivision of land that is adjacent to previous short subdivisions or adjacent to land on which a subdivision is pending shall not be exempt if adjacent subdivisions share any improvements or access easements. In such cases, the proposed short plat will be considered physically or functionally related regardless of ownership. (Ord. 92-06 § 1, 1992)
16.04.090 Environmental checklist.
A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; provided, that a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency.
B. For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the applicant shall complete the environmental checklist for that proposal.
C. The city may require that it or a consultant of the city’s choosing, and not the private applicant, shall complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
1. The city has technical information on a question or questions that is unavailable to the private applicant; or
2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
Prior to the hiring of such consultant, the applicant, the city and the consultant shall enter into a three-party agreement under which the applicant pays the consultant directly for services rendered. (Ord. 92-06 § 1, 1992)
16.04.100 Threshold determination (DNS, mitigated DNS, optional DNS and DS).
A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
B. Early Notice.
1. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
a. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the city is lead agency; and
b. Precede the city’s actual threshold determination for the proposal.
2. The responsible official should respond to the request for early notice within 15 working days. The response shall:
a. Be written;
b. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a DS; and
c. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
C. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
D. When an applicant submits a changed or clarified proposal along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:
1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS under WAC 197-11-340(2).
2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.
3. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot storm water retention pond at Y location” are adequate.
4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
E. A mitigated DNS is issued under WAC 197-11-340(2), requiring a 14-day comment period and public notice or issued under the optional DNS process, WAC 197-11-355.
F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any issued license or permit.
G. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340 (3)(a) (withdrawal of DNS).
H. Optional DNS Process.
1. When the responsible official has a reasonable basis for determining significant adverse environmental impacts are unlikely for a proposal, the city may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. If the process is used, an second comment period will typically not be required when the DNS is issued.
2. If the city uses the optional process, the responsible official shall comply with the requirements of WAC 179-11-355, combining the SEPA notice with the notice of application and providing on 14-day comment period for the application and SEPA determination.
I. The city’s written response under subsection B of this section, Early Notice, shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 98-37 § 5, 1998; Ord. 92-06 § 1, 1992)
Part IV. Environmental Impact Statement (EIS)
16.04.110 Purpose of this part and adoption by reference.
This part contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this part:
WAC
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping.
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on non-project proposals.
197-11-443 EIS contents when prior non-project EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
(Ord. 92-06 § 1, 1992)
16.04.120 Preparation of EIS – Additional considerations.
A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the city under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.
B. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant, or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.) (Ord. 92-06 § 1, 1992)
16.04.125 Additional elements to be covered in an EIS.
The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:
A. Economy;
B. Social policy analysis;
C. Cost-benefit analysis;
D. Such other elements as may be required by the responsible official. (Ord. 92-06 § 1, 1992)
Part V. Commenting
16.04.128 Adoption by reference.
This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
(Ord. 92-06 § 1, 1992)
16.04.130 Public notice.
A. Whenever the city issues a DNS under WAC 197-11-340(2) or 197-11-355, or a DS under WAC 197-11-360(3) the city shall give public notice as follows:
1. When possible, public notice requirements under SEPA should be combined with notice requirements for an application. This notice shall state whether a DS or a DNS was issued and when all comments are due. (For example, if the timing for notice requirements for a subdivision or construction project coincide with the timing requirements under SEPA, then the city shall combine information on the application notice and have one time frame for all comments.) The city will use whichever notice requirements are greater except when issuing a DNS under the optional DNS process, in which case the requirements of WAC 197-11-355 shall be met.
2. The city shall give notice of a DNS or DS by using all of the following means:
a. Posting the property for site-specific proposals or mailing to property owners within 300 feet of the proposal if the project is site-specific, or both, as determined by the responsible official. For posting, the applicant shall supply and erect an eight-square-foot notice board on all site-specific projects on all adjacent rights-of-way or in accordance with requirements set forth by the office of planning and community development; and
b. Publishing notice in the city’s legal newspaper; and
c. Notifying public or private groups which have expressed interest in writing for a certain proposal or in the type of proposal being considered; and
d. Sending notice to agencies as directed by the responsible official (either general lists or lists for specific proposals for subject areas); and
e. Any other reasonable method calculated to inform the public and other agencies or required by statute or ordinance, as determined by the responsible official.
3. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
B. Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license and all of the following methods:
1. Posting the property for site-specific proposals or mailing to property owners within 300 feet of the proposal, if the project is site-specific, or both, as determined by the responsible official. For posting, the applicant shall supply and erect an eight-square-foot notice board on all site-specific projects in accordance with requirements set forth by the office of planning and community development; and
2. Publishing notice in the city’s legal newspaper; and
3. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and
4. Sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas); and
5. Any other reasonable method calculated to inform the public and other agencies or required by statute or ordinance, as determined by the responsible official.
C. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.
D. Notice of public hearings shall be published no later than 15 days before the hearing. Notices shall be mailed to owners of property within 300 feet of the site and posted as described in this section.
E. The city shall require an applicant to complete the public notice requirements for the applicant’s proposal at the applicant’s expense, compensate the city for costs of carrying out the public notice requirements on behalf of the applicant, or provide services or materials to assist the city in carrying out the public notice requirements. (Ord. 98-37 § 6, 1998; Ord. 95-43 § 1, 1995; Ord. 92-06 § 1, 1992)
16.04.140 Designation of official to perform consulted agency responsibilities for the city.
A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate city departments. (Ord. 92-06 § 1, 1992)
Part VI. Using Existing
Environmental Documents16.04.150 Purpose of this part and adoption by reference.
This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city’s own environmental compliance. The city adopts the following sections by reference:
WAC
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement – Procedures.
197-11-625 Addenda – Procedures.
197-11-630 Adoption – Procedures.
197-11-635 Incorporation by reference – Procedures.
197-11-640 Combining documents.
(Ord. 92-06 § 1, 1992)
Part VII. SEPA and Agency Decisions
16.04.155 Purpose of this part and adoption by reference.
This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
(Ord. 92-06 § 1, 1992)
16.04.160 Substantive authority.
A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Bainbridge Island.
B. The city may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
2. Such conditions are in writing; and
3. The conditions or mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies in subsection D of this section.
C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and
2. A finding is made that no reasonable mitigation measures are capable of being accomplished that are sufficient to mitigate the identified impact; and
3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.
D. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:
1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
d. Preserve important historic, cultural, and natural aspects of our national heritage;
e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
3. The city adopts by reference the policies in the following:
a. Bainbridge Island Municipal Code, including all other chapters contained in Title 16, Environment;
b. Bainbridge Island Subarea Land Use Plan dated December 18, 1989, and map;
c. Shoreline Management Act;
d. Water Quality Act;
e. Bainbridge Island Park and Recreation District Comprehensive Plan, 1990;
f. Bremerton-Kitsap County board of health regulations;
g. Growth Management Act;
h. Forest Practice Act and Regulations;
i. Kitsap County open space plan, April, 1987;
j. Kitsap County water and sewer plan;
k. Kitsap County comprehensive plan;
l. Kitsap County View Blockage Resolution #240-1984;
m. Kitsap County noise ordinance;
n. Kitsap County zoning ordinance as amended March, 1990;
o. Kitsap County shoreline master program, July 11, 1977;
p. Winslow Ordinance 90-17;
q. Kitsap regional critical area policies;
r. Kitsap County groundwater management plan dated April, 1991. (Ord. 92-06 § 1, 1992)
16.04.170 Appeals.
A. Any person may appeal the issuance of:
1. A determination of nonsignificance;
2. A determination of significance;
3. A final environmental impact statement; and
4. Any decision of a non-elected official which conditions or denies a proposal or action on the basis of SEPA, except for permits or variances issued pursuant to Chapter 16.12. No other SEPA appeal shall be allowed.
B. Except for an appeal of a determination of significance (DS), there shall be no more than one administrative SEPA appeal proceeding.
C. An appeal must be filed in writing with the responsible official within 14 calendar days from the date of the determination, or 21 calendar days from the date of the determination, when the determination is subject to a SEPA public comment period as required under WAC 197-11-340. The appeal shall identify the decision, contain a summary of the grounds for the appeal and be accompanied by an appeal fee in an amount established by resolution of the city council. Following receipt of the appeal and the fee, the responsible official shall transmit a copy of the appeal to the hearing examiner.
D. The appeal shall be heard by the hearing examiner at a public hearing, notice of which shall be published once and mailed to the appellant and delivered to the responsible official at least 15 days before the public hearing.
E. At the public appeal hearing, the hearing examiner shall consider all relevant evidence and take testimony on oath. The public hearing shall be tape recorded. Upon completion of the public hearing, the hearing examiner shall enter findings of fact, conclusions of law and a decision, giving substantial weight to the decision of the responsible official.
F. The decision of the hearing examiner is final unless an appeal is filed with the superior court.
G. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. If there is no time period for appealing the underlying government action and a notice of action under RCW 43.21C.080 is used, appeal shall be commenced within the time period specified by RCW 43.21C.080. (Ord. 98-37 § 7, 1998; Ord. 95-43 § 2, 1995; Ord. 92-06 § 1, 1992)
16.04.173 Notice/statute of limitations.
A. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk or county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 92-06 § 1, 1992)
Part VIII. Definitions
16.04.175 Purpose of this part and adoption by reference.
This part contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by BIMC 16.04.040:
WAC
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-721 Closed record appeal.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost-benefit analysis.
197-11-728 County/city.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of non-significance (DNS).
197-11-736 Determination of significance (DS).
197-11-738 EIS.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-748 Environmentally sensitive area.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Non-project.
197-11-775 Open record hearing.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
(Ord. 98-37 § 8, 1998; Ord. 92-06 § 1, 1992)
Part IX. Categorical Exemptions
16.04.180 Adoption by reference.
The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including BIMC 16.04.070 (Flexible thresholds), BIMC 16.04.080 (Use of exemptions), and BIMC 16.04.190 (Critical areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
(Ord. 98-20 § 13, 1998; Ord. 92-06 § 1, 1992)
Part X. Agency Compliance
16.04.185 Purpose of this part and adoption by reference.
This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference, as supplemented by BIMC 16.04.050 through 16.04.053 and this part:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
(Ord. 98-20 § 13, 1998; Ord. 92-06 § 1, 1992)
16.04.190 Critical areas.
A. The responsible official shall designate critical areas under the standards of WAC 197-11-908 and shall file maps designating such areas, together with the exemptions from the list in WAC 197-11-908 that are inapplicable in such areas, with the city clerk and the Department of Ecology, Headquarters Office, Olympia, Washington. The critical area designations shall have full force and effect of law as of the date of filing.
B. The city shall treat proposals located wholly or partially within a critical area as other nonexempt proposals under this chapter, making a threshold determination for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area.
C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 98-20 § 13, 1998; Ord. 92-06 § 1, 1992)
16.04.200 Fees.
The city shall require the following fees for its activities in accordance with the provisions of this chapter:
A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee as established by resolution of the city council from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee. When the city completes the environmental checklist at the applicant’s request or under BIMC 16.04.090.C, an additional cost plus a percent as established by resolution of the city council shall be collected.
B. Environmental Impact Statement.
1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city will charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
2. The responsible official may determine that the city will contract directly with a consultant of the city’s choice for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant.
3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subdivision 1 or 2 of this subsection which remain after incurred costs are paid.
C. The city will collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.
D. The city shall not collect a fee for performing its duties as a consulted agency.
E. The city will charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 92-06 § 1, 1992)
Part XI. Forms
16.04.205 Adoption by reference.
The city adopts the following forms and sections by reference:
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of non-significance (DNS).
197-11-980 Determination of significance and scoping notice (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 Notice of action.
(Ord. 92-06 § 1, 1992)
Chapter 16.08
POLICIES FOR CONDITIONING OR DENYING GOVERNMENTAL ACTIONSections:
16.08.010 Generally.
16.08.020 City policies set forth in city documents.
16.08.030 Earth and soil.
16.08.040 Air.
16.08.050 Water.
16.08.060 Flora and fauna.
16.08.070 Noise.
16.08.080 Repealed.
16.08.090 Land use.
16.08.100 Natural resources.
16.08.110 Explosion and hazardous emissions.
16.08.120 Population and housing.
16.08.130 Transportation.
16.08.140 Public services and utilities.
16.08.150 Energy.
16.08.160 Aesthetics.
16.08.170 Recreation.
16.08.180 Archeological and historical.
16.08.190 Economics.
16.08.200 Other policies.
16.08.010 Generally.
City officials may condition or deny a government action, as defined in WAC 197-10-440(2), on the basis of specific adverse environmental impacts which are identified in writing in environmental documents prepared pursuant to SEPA requirements based upon the city documents listed in BIMC 16.08.020 and the city policies set forth in BIMC 16.08.030 through 16.08.200. (Ord. 80-19, 1980)
16.08.020 City policies set forth in city documents.
City policies shall be set forth in the following city documents:
A. The comprehensive plan;
B. The zoning ordinance;
C. Shoreline master program;
D. Sign ordinance;
E. Park and trails comprehensive plan;
F. Park dedication ordinance;
G. The SEPA implementing ordinance and amendments thereto;
H. Any other policies of the city which have been incorporated into resolution, regulations, ordinances, plans or codes and which provide a reasonable basis for attaching conditions to the approval of a proposal or for denying a proposal in order to mitigate adverse environmental impacts. (Ord. 80-19 § 1, 1980)
16.08.030 Earth and soil.
City policy on earth and soil shall be as follows:
A. Development on steep slope areas shall be prohibited. Areas of land slide and land slippage should be protected by employing restrictions on development or by special engineering features.
B. To insure prompt development, restoration and effective erosion control of property after land clearing through the use of phase development, replanting, hydroseeding and other appropriate engineering techniques. (Ord. 80-19 § 2(A), 1980)
16.08.040 Air.
City policy on air shall be as follows: Air quality standards as presently enjoyed in Bainbridge Island should not be degraded by any specific development or activity built or conducted within the city. (Ord. 80-19 § 2(B), 1980)
16.08.050 Water.
City policy on water shall be as follows:
A. Surface waters such as ponds, streams, creeks, wetlands, marshes or the waters of Eagle Harbor should not be adversely affected by any development.
B. Drainage should be regulated so that no development shall increase the predevelopment runoff rate and should minimize surface water and groundwater runoff and diversion and to prevent erosion and reduce the risk of slides.
C. To encourage sound development guidelines and construction procedures which respect and preserve the city’s watercourse; to minimize water quality degradation and control the sedimentation of creeks, streams, ponds, lakes, Eagle Harbor and other water bodies; to preserve and enhance the aesthetic quality of the waters.
D. Development which may adversely affect aquifer recharge areas or drainage areas in the Bainbridge Island vicinity should be prohibited or restricted. (Ord. 80-19 § 2(C), 1980)
16.08.060 Flora and fauna.
City policy on flora and fauna shall be as follows:
A. To protect the unique flora and fauna within the city;
B. To preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees and ground cover on undeveloped and partially developed property;
C. To encourage the retention of trees and other vegetation for visual buffers and soil retention;
D. To encourage buffer zones or green belts between developments. If there are different zoning uses, greenbelts shall be required;
E. To encourage building and site planning that necessitates the least removal of trees and vegetation. (Ord. 80-19 § 2(D), 1980)
16.08.070 Noise.
City policy on noise shall be to encourage development practices consistent with city noise Ordinance 75-13, codified at Chapter 16.16 BIMC. (Ord. 80-22 § 1, 1980: Ord. 80-19 § 2(E), 1980)
16.08.080 Light and glare.
Repealed by Ord. 2002-15. (Ord. 80-19 § 2(F), 1980)
16.08.090 Land use.
City policy on land use shall be as follows:
A. The city should restrict or prohibit uses which cannot be adequately or economically served by city utilities and services.
B. Uses which are contrary to the city’s comprehensive plan may be prohibited or restricted. (Ord. 80-19 § 2(G), 1980)
16.08.100 Natural resources.
City policy on natural resources shall be to encourage the wise use of nonrenewable natural resources and to encourage efficient use of renewable resources. (Ord. 80-19 § 2(H), 1980)
16.08.110 Explosion and hazardous emissions.
City policy on explosion and hazardous emissions shall be as follows: Proposals involving hazardous materials or explosive material shall be strictly regulated. (Ord. 80-19 § 2(I), 1980)
16.08.120 Population and housing.
City policy on population and housing shall be to retain the present character of a primarily single-family residential community with moderate population density. (Ord. 80-19 § 2(J), 1980)
16.08.130 Transportation.
City policy on transportation shall be as follows:
A. To encourage projects to provide for pickup areas for public transportation, vanpools and carpools;
B. To require adequate off-street parking, where feasible, for all future projects;
C. To approve local street systems which are designed to minimize through traffic movements, to discourage excessive speeds, to minimize the need for circuitous travel, and which are designed for a relatively uniform low volume of traffic;
D. To approve street designs which are beneficial to the public in consideration of vehicular and pedestrian safety, efficiency of service, influence on the amenities and liveability of the community, and economy of both construction and the use of land. (Ord. 80-19 § 2(K), 1980)
16.08.140 Public services and utilities.
City policy on public services and utilities shall be to approve developments only when adequate public services and utilities are available or can be made available. These services shall include but not be limited to water, sewer, police and fire protection and sufficient electric and communication facilities. (Ord. 80-19 § 2(L), 1980)
16.08.150 Energy.
City policy on energy shall be to incorporate energy conservation features as feasible and practicable into all city projects and promote energy conservation throughout the community. (Ord. 80-19 § 2(M), 1980)
16.08.160 Aesthetics.
City policy on aesthetics shall be to encourage development which maintains and improves the existing character of our neighborhoods. Consideration should be given to existing scenic vistas, height of buildings, view blockage, and general neighborhood character. (Ord. 80-19 § 2(N), 1980)
16.08.170 Recreation.
City policy on recreation shall be to see that future development does not close off present recreational facility access and to plan for future needs of the community. (Ord. 80-19 § 2(O), 1980)
16.08.180 Archeological and historical.
City policy shall be to consider historical and archeological importance of all buildings and sites prior to any change in use or development. (Ord. 80-19 § 2(P), 1980)
16.08.190 Economics.
City policy on economics shall be to encourage a reasonable balance between economic and environmental concerns. (Ord. 80-19 § 2(Q), 1980)
16.08.200 Other policies.
A. A single development or land use though otherwise consistent with zoning and other city policies may create adverse impacts upon facilities and services, natural systems or the surrounding area when aggregated with the impacts of prior or other proposed development. It is the policy of the city to analyze such cumulative environmental impacts and conditions or deny proposals to minimize or prevent adverse impacts in accordance with other provisions of this chapter.
B. Cumulative Effect.
1. The analysis of cumulative effects shall include a reasonable assessment of the present and planned capacity of such public facilities as sewers, storm drains, solid waste disposal, parks, schools, streets, utilities and parking areas to serve the areas affected by the proposal.
2. The analysis of cumulative effects shall include a responsible assessment of the adequacy of the present and planned public services such as transit, health, police and fire protection and social services to serve the area affected by the proposal.
3. The analysis of cumulative effects shall include a reasonable assessment of the capacity of natural systems (air, water, light, land) to absorb the direct and reasonable anticipated indirect impacts of the proposal.
4. Based in part upon such analysis, a project may be modified to lessen its demand for support services and facilities or its impact on natural systems. Modification may also be required to provide for subsequent projects which can be expected to share the need for support services and facilities or use of the natural system’s capacity.
C. In assessing the environmental impacts of a proposal and in determining the need for conditioning or denying a proposal in accordance with other provisions of this chapter, the responsible official shall utilize SEPA, all policies, guidelines and regulations adopted pursuant to SEPA, federal, state, and regional environmental quality standards, and the legislative enactments of the city, both specific and general, now in effect or enacted in the future.
D. It is not the intent or purpose of this chapter to prevent reasonable development of land in the city. (Ord. 80-19 § 2(R), 1980)
Chapter 16.12
SHORELINE MASTER PROGRAM*Sections:
Part I. Goals
16.12.010 Purpose.
16.12.020 Scope of Shoreline Management Act.
Part II. Definitions
16.12.030 Definitions.
Part III. General Regulations
16.12.040 General regulations.
16.12.050 Archaeological and historic resources.
16.12.060 Clearing and grading.
16.12.070 Environmental impacts.
16.12.080 Environmentally sensitive areas.
16.12.090 Native vegetation zone.
16.12.100 Parking.
16.12.110 Public access – Visual and physical.
16.12.120 Utilities.
16.12.130 Water quality.
Part IV. Environment Designations
16.12.140 Environment designations.
16.12.150 Master program summary matrices.
Part V. Specific Shoreline Use Regulations
16.12.160 Agriculture.
16.12.170 Aquaculture.
16.12.180 Boating facilities.
16.12.190 Regulations – Boat launches.
16.12.200 Commercial development.
16.12.210 Flood hazard and storm water management.
16.12.220 Forest practices.
16.12.230 Industry.
16.12.240 Mining.
16.12.250 Recreational development.
16.12.260 Residential development.
16.12.270 Transportation facilities.
16.12.280 Utilities (primary and accessory).
Part VI. Shoreline Modification Regulations
16.12.290 General shoreline modification provisions.
16.12.300 Beach enhancement.
16.12.310 Shoreline armoring (revetments and bulkheads).
16.12.320 Dredging and dredge material disposal.
16.12.330 Landfill.
16.12.340 Piers, docks, recreational floats, and mooring buoys.
Part VII. Administration
16.12.350 General.
16.12.360 Permit or exemption required before undertaking development or activity.
16.12.370 Appeals.
16.12.380 Shoreline variance and shoreline conditional use permits.
16.12.390 Nonconforming development.
16.12.400 Amendments to master program.
16.12.410 Severability.
16.12.420 Inspections.
*Prior legislation: Ords. 81-12, 81-19, 81-24, 88-16, 89-11, 92-43, and 95-02.
Part I. Goals
16.12.010 Purpose.
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. (Ord. 96-38, 1996)
16.12.020 Scope of Shoreline Management Act.
A. 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
B. Provisions of the Act apply to the following geographical shoreline areas:
1. All marine waters of the state, together with the lands underlying them;
2. Streams and rivers with a mean annual flow of 20 cubic feet per second (cfs) or more;
3. Lakes and reservoirs larger than 20 acres in area;
4. Wetlands (a specific Shoreline Management Act term which includes related upland, shoreland, and wetland areas) associated with all of the above; and
5. Shorelines of state-wide significance as defined in RCW 90.58.030 or its successor. This includes those areas of Puget Sound lying seaward from the line of extreme low tide. (Ord. 96-38, 1996)
Part II. Definitions
16.12.030 Definitions.
A. For the purposes of this chapter, the following definitions shall apply:
1. “Accessory building or structure” means 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.
2. “Accessory dwelling unit” means 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.
3. “Accessory use” means a use that is customarily incidental and related to the principal use.
4. “Accretion” means 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.
5. “Act” means the Shoreline Management Act, Chapter 90.58 RCW or its successor. (WAC 173-14-030(1) or its successor.)
6. “Adjacent lands” means 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.)
7. “Administrator” means director of the department of planning and community development, or designee, charged with responsibility for administering the shoreline master program.
8. Agriculture. See BIMC Title 18.
9. “Anadromous fish” means 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.
10. “Applicant” means 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(1)(d) or its successor.)
11. “Appurtenance” means 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 250 cubic yards, except to construct a conventional drainfield (WAC 173-14-040 (1)(g) or its successor). Appurtenances must be landward of the ordinary high water mark (OHWM) and the perimeter of marshes, bogs, and swamps.
12. “Aquaculture” means 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.
13. “Archaeological” means having to do with the scientific study of material remains of past human life and activities.
14. “Average grade level” means 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 (BIMC Title 18). Structures within shoreline jurisdiction shall comply with the definition contained herein.
15. “Backshore” means 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.
16. Backshore Marina. See “Marina.”
17. “Beach” means the zone of unconsolidated material that is moved by waves, wind, and tidal currents, extending landward to the coastline.
18. “Beach enhancement/restoration” means 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.
19. “Beach feeding” means the process of replenishing a beach by delivery of materials dredged or excavated elsewhere.
20. “Beach scarp” means a steep slope produced by wave erosion.
21. “Benthic organisms” means organisms that live in or on the bottom of a body of water.
22. “Berm” means 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.
23. “Best available technology” means 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.
24. Best Management Practices (BMP). See BIMC Title 18.
25. “BIMC” means Bainbridge Island Municipal Code.
26. “Biofiltration system” means a storm water 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.
27. “Biota” means the animals and plants that live in a particular location or region.
28. BMP. See “Best management practices.”
29. “Boat house” means an upland building used primarily for boat storage. (See BIMC 16.12.260, Residential development).
30. “Boat launch or ramp” means graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device.
31. “Boating facilities” includes marinas, boat launch facilities, dry storage facilities, marine travel lifts, and marine railways. (See Part VI, Shoreline Modification Regulations, for mooring buoys. For boat houses, see BIMC 16.12.260, Residential development.)
32. “Bog” means 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.
33. “Breakwater” means offshore structure, usually aligned parallel to shore, sometimes shore-connected, that provides protection from waves.
34. “Buffer” means 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.
35. “Building” means any structure having a roof, designated for shelter of persons, animals or property.
36. “Bulkhead” means 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.
37. “Channel” means 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(8)(b) or its successor.)
38. “City” means the city of Bainbridge Island.
39. “Clean Water Act” means 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.)
40. “Clearing” means 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.
41. “Coastline” means the line where terrestrial processes give way to marine processes, tidal currents, wind waves, etc.
42. “Community or joint use dock” means a structure or structures which consists of a system of piers, buoys, or floats that is 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 a commercial endeavor and is not for the purpose of serving the public. If a community or joint use dock accommodates six or more vessels, it is no longer a community or joint use dock and shall be considered a marina.
43. “Community structure” means 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.
44. “Conditional use” means 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.
45. “Conditional use permit” means 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.
46. “Construction limit line” means 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.
47. “Council” means the legislative body of the city of Bainbridge Island.
48. “Covered moorage” means boat moorage, with or without walls, that has a roof to protect a vessel or vessels.
49. “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 24-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.
50. “Degrade” means to scale down in desirability or salability, to impair in respect to some physical property, or to reduce in structure or function.
51. “Department” means the city’s department of planning and community development.
52. “Development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; pile driving; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the state, subject to Chapter 90.58 RCW or its successor, at any state of water level. (RCW 90.58.030(3)(d) or its successor.)
53. “Director” means the director of the department.
54. “Dock” means 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.
55. “Dredge spoil” means the material removed by dredging. Same as dredge material.
56. “Dredged material disposal” means 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.
57. “Dredging” means 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.
58. “Drift sector” means 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.
59. “Drift sills” means small groins which hold sediments in place without blocking longshore drift.
60. “Driftway” means 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.
61. “Dune” means a hill or ridge of sand piled up by the wind and/or wave action.
62. “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.
63. “Emergency” means 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 RCW 90.58.030(3)(e)(iii); WAC 173-14-040(1)(d) or its successor).
64. “Enhancement” means 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.
65. “Envelope” means the enclosing shell of a building’s volume.
66. “Environmentally sensitive areas” means 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.
67. “Erosion” means the wearing away of land by the action of natural forces.
68. “Estuarine zone, estuary” means 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.
69. “Estuary” means the zone in which fresh water and saltwater mingle and affect the total land and water habitat.
70. “Exemption” means 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(3)(e) or its successor; WAC 173-14-030(6); 173-14-040 or its successor.)
71. “Extreme low tide” means the lowest line on the land reached by a receding tide. (RCW 90.58.030(2)(a) or its successor.) For the purposes of the shoreline master program, it is the contour four and one-half feet below mean lower low water (datum plane 0.0). (WAC 332-30-106(18) or its successor.)
72. “Fair market value” means 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.)
73. “Feeder bluff, erosional bluff” means 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.
74. “Floating home” means 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.
75. “Flood hazard management” means 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.
76. “Floodplain” is synonymous with 100-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.)
77. “Floodway” means 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(2)(g) or its successor; WAC 173-22-030(3) or its successor.)
78. “Foreshore” means, in general terms, the beach between mean higher high water and mean lower low water.
79. Foreshore Marina. See “Marina.”
80. “Forest land” means all land which is capable of supporting a merchantable stand of timber and is not being actively used in away which is incompatible with timber growing. (WAC 222-16-010 or its successor.)
81. “Forest practice” means 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, precommercial 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.)
82. “Gabions” means 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.
83. “Grading,” an activity associated with property modification or maintenance, means the physical manipulation of the earth’s surface and/or surface drainage pattern without significantly adding or removing on-site materials.
84. “Grassy swale” means a vegetated drainage channel that is designed to remove various pollutants from storm water runoff through biofiltration.
85. “Groin,” also referred to as a spur dike or rock weir, 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.
86. “Habitat” means the place or type of site where a plant or animal naturally or normally lives and grows.
87. “Height” means 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.
88. “Hook” means a spit or narrow cape of sand or gravel which turns landward at its outer end.
89. “Houseboat” means 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.”
90. “HPA” means hydraulic project approval. The permit issued by the Washington State Department of Fish and Wildlife pursuant to the State Hydraulic Code, RCW 75.20.100 through 75.20.140 or its successor.
91. “Hydric soils” means, 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.)
92. “Hydrophytes” means 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.)
93. “In-kind” means to replace wetlands, biota or other organisms with substitute flora or fauna whose characteristics closely match those destroyed, displaced, or degraded by an activity.
94. “Industrial use” means uses intended primarily to provide for ship and boat building, haul out and repair and related uses serving boating needs.
95. “Intertidal” means 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)).
96. “Jetty” means 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.
97. Lagoon. See “Tidal lagoon.”
98. “Landfill” means 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.
99. “Levee” means 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.
100. “Limited utility extension” means the extension of natural gas, electricity, telephone, water, or sewer service where all of the following are met: (a) 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; (b) the extension will serve existing uses that are in compliance with the Shoreline Management Act; and (c) the project does not involve the construction of more than 2,500 linear feet of utility lines or pipes within shoreline jurisdiction.
101. “Littoral” means living on, or occurring on, the shore.
102. “Littoral drift” means the movement of mud, sand, or gravel material parallel to the shoreline in the nearshore zone by waves and currents.
103. “Live-aboard vessel” means 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 60 days, whether or not consecutive, in any calendar year.
104. “Marina” means a commercial or public facility with the primary purpose of providing moorage for six 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.
105. “Marine railway” means 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.
106. “Marine travel lift” means a mechanical device that can hoist vessels off trailers and transport them into the water. Often associated with dry land moorage.
107. “Marsh” means 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.
108. “Marshes, bogs, and swamps” means 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 (b) the substrate is predominately un-drained hydric soil. (WAC 173-22-030(5) or its successor.) See “Hydric soils;” “Hydrophytes.”
109. “Mean higher high tide (MHHT)” means the plane of the arithmetic mean of the higher of two daily high tides calculated from the most recent 19-year tidal cycle.
110. “Mean low water (MLW)” means the plane of the arithmetic mean of all low tides calculated from the most recent 19-year tidal cycle.
111. “Mean lower low water (MLLW)” means the plane of the arithmetic mean of the lower of two daily low tides calculated from the most recent 19-year tidal cycle (datum plane 0.0).
112. “Midden” means an ancient refuse heap. Often a source of archaeological material.
113. “Mining” means 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.
114. “Mooring buoy” means a floating object anchored to the bottom of a water body that provides tie-up capabilities for vessels.
115. “Muds” means sediments in which the size of the particles is smaller than one-sixteenths mm. In order for sediments in a tidal inlet to be classified as critical habitat, they need to contain at least 30 percent by weight of mud (i.e., 30 percent of the sediments, by weight, have to pass through a one-sixteenths mm mesh sieve).
116. “Multifamily dwelling or residence” means a building containing two or more dwelling units including, but not limited to, duplexes, apartments, and condominiums.
117. “Native vegetation zone” means a required vegetation buffer measured horizontally upland from and perpendicular to the ordinary high water mark (OHWM).
118. “Natural riparian habitat corridor” means 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.
119. “Nonconforming development” means 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.)
120. “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.
121. Normal Appurtenance. See “Appurtenance.”
122. “Normal maintenance” means those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. (WAC 173-14-040(1)(b) or its successor.) See “Normal repair.”
123. Normal Protective Bulkhead. See “Bulkhead.”
124. “Normal repair” means 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(1)(b) or its successor.) See “Normal maintenance.”
125. “Oil/water separator” means 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.
126. Open Space. See BIMC Title 18.
127. “Ordinary high water mark (OHWM)” means 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 saltwater 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.)
128. “Parking” means the temporary storage of automobiles or other motorized vehicles.
129. “Periodic” means occurring at regular intervals.
130. “Person(s)” includes organizations and corporations.
131. “Pier” means 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.
132. “Point” means a low profile shoreline promontory of more or less triangular shape, the top of which extends seaward.
133. “Principal building, adjacent” means a principal building located on a lot abutting the applicant’s lot.
134. “RCW” means Revised Code of Washington.
135. “Recreation” means refreshment of body and mind through forms of play, sports, relaxation, amusement or contemplation.
136. “Recreational development, active” means activities that generally require the use of constructed facilities such as playgrounds, athletic fields, boat ramps, and marinas.
137. “Recreational development, passive” means activities that require a minimum of facilities such as swimming, picnicking, hiking, canoeing and fishing.
138. “Recreational floats” means anchored off-shore platforms used for water-dependent recreational activities such as swimming and diving.
139. “Replacement area” means an area of replacement native vegetation which compensates for the disturbance of a portion of the required native vegetation zone. (See BIMC 16.12.090.C.9 and C.10 for requirements that must be met to allow for such disturbance.)
140. “Residential development” means 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.
141. “Restoration” means to revitalize or re-establish the characteristics and natural processes of a degraded shoreline resource.
142. “Revetment” means 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.
143. “Riparian” means of, on, or pertaining to the banks of a river.
144. “Riparian management zone” means 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. (Chapter 222-30 WAC or its successor.)
145. “Riprap” means a layer, facing, or protective mound of stones placed to prevent erosion, scouring, or sloughing of a structure or embankment.
146. Rock Weir. See “Groin.”
147. “Runoff” means water that is not absorbed into the soil, but rather flows along the ground surface following the topography.
148. “Salmon and steelhead habitats” means 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 saltwater bodies used for rearing, feeding, and refuge from predators and currents.
149. “Salt tolerant vegetation” means vegetation which is tolerant of interstitial soil salinities greater than or equal to 0.5 parts per thousand. (Chapter 173-22 WAC or its successor.)
150. “Scarification” means loosening the top soil and/or disrupting the forest floor in preparation for regeneration.
151. “Seawall” means 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.
152. “Seaward” means to or toward the sea.
153. “Sediment” means the material deposited by water or wind.
154. “Setback” means the required distance measured horizontally from the ordinary high water mark to any allowed development.
155. “Shoreland areas” means 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 200 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.
156. Shorelands. See “Shoreland areas.”
157. “Shoreline armoring” means structural protection from wave erosion including revetments, bulkheads, seawalls, gabions, and so forth.
158. “Shoreline environment designations” means 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.)
159. “Shoreline jurisdiction (associated wetlands (jurisdictional))” means 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 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(2)(f) 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,” “Shorelines of state-wide significance,” and “Wetlands, jurisdictional.”
160. “Shoreline Management Act” means the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended.
161. “Shoreline permit” means a substantial development, conditional use, revision, variance, or any combination thereof. (WAC 173-14-030(13) or its successor.)
162. “Shoreline stabilization and flood protection” means 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.
163. “Shoreline substantial development permit” means 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.
164. “Shorelines” means 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.
165. “Shorelines hearings board (SHB)” means 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; RCW 90.58.180 or its successor; WAC 173-14-170 or its successor; WAC 173-14-174 or its successor.)
166. “Shorelines of state-wide significance” means 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 96.58.030(1)(e)(iii) or its successor.)
167. “Shorelines of the state” means shorelines and shorelines of state-wide significance.
168. “Sign” means 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.
169. “Single-family residence (SFR)” means 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.)
170. “Soil bioengineering” means 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.
171. “Solid waste” means 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 “Dredged material disposal”.
172. “Solid waste disposal” means disc
