HomeMy WebLinkAbout02/25/2026 STUDY SESSION AGENDA PACKET Please contact City.Clerk@bremertonwa.gov or (360) 473-5323 up to 24 hours prior to the meeting to request
Americans with Disabilities (ADA) accommodations.
______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
F I N A L
WEDNESDAY, FEBRUARY 25, 2026
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
Council Conference Room 603 will be open to the public to attend the Study Session in-person, written public
comment will be accepted for Item A9 until Noon on Tuesday, February 24, 2026 and action is anticipated.
There will be no opportunities for input on any other agenda items. General public questions or comments
may be submitted at any time to City.Council@bremertonwa.gov. Please remember that the content of the
Agenda Bill items is subject to change.
Members of the public may click the link below to join the webinar:
https://bremertonwa-gov.zoom.us/j/8738266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09
Or One tap mobile:
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Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253
205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 873 1826 6756; Passcode: 857582
The Council’s current Public Comment process is that Council is only accepting written
comments. If you would like to submit comments for Item A9, for which action is anticipated,
please send an email to City.Council@bremertonwa.gov no later than Noon on Tuesday,
February 24, 2026.
A. AGENDA BILL BRIEFINGS
1. Confirm Reappointment of Jay Montgomery to the BKAT Community Advisory Committee
2. Confirm Reappointment of Charles Bates to the Civil Service Commission
3. Confirm Appointment of Chance Berthiaume as Public Works & Utilities Director at Pay Band 22,
Rate 2 of the 2026 Management, Professional, Confidential, & Fiduciary Salary Plan
4. Purchase and Upfit of International 12yard Dump Truck
5. Purchase of Vactor 2115i Pump Truck
6. 2025-2027 Local & Community Projects Program Grant Agreement with the WA State
Department of Commerce for the Kitsap Lake Park Accessibility Improvements Project
7. Contract Modification No. 5 with HDR Engineering, Inc. for the 6th Street Active Transportation
Project; and related Budget Adjustment
8. Discussion on additional Transportation Benefit District funding opportunity and impact
9. 2026 Lodging Tax Advisory Committee Funding Recommendations – Action anticipated
Continued on next page
Please contact City.Clerk@bremertonwa.gov or (360) 473-5323 up to 24 hours prior to the meeting to request
Americans with Disabilities (ADA) accommodations.
B. INFORMATION ONLY PRESENTATIONS – Anticipated start time 6:30 PM
Item B4 was presented after Item B1
1. Update from Peninsula Community Health Services
2. Levy LID Lift Discussion
3. 2027-2028 Budget Discussion
4. Overview of Proposed Zoning Code Amendments: Critical Areas Ordinance (BMC 20.14),
Shoreline Master Program (BMC 20.16), and Landscaping Code (BMC 20.50)
C. GENERAL COUNCIL BUSINESS
1. Audit Committee Briefing (Last Meeting 2/17/26) – Chair Christy Cammarata
2. Public Works Committee Briefing (Last Meeting 2/17/26) – Chair Denise Frey
3. Parks, Finance, Investment & Parking Committee Briefing (Last Meeting 2/24/26) – Chair Michael
Goodnow
4. Regional and Other Committee/Board Briefings
5. Other General Council Business (Only as necessary, as time allows)
D. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
Confirm Reappointment of
Jay Montgomery to the BKAT
Community Advisory Committee
COUNCIL MEETING Date: March 4, 2026
Department: BKAT/Finance
Presenter: Colleen Miko
Phone: (360) 473-5014
SUMMARY: The Mayor is seeking confirmation for the re-appointment of Jay Montgomery to BKAT
Community Advisory Committee as Educational representative. The two-year term expires
December 31, 2027.
ATTACHMENTS: Application for City Boards/Commissions/Committees
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Jay Montgomery to BKAT Community Advisory Committee as
Educational representative for the term expiring December 31, 2027.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A1
Application for City Boards / Commissions / Committee
Date 2/5/2026
First Name Jay
Middle Name Field not completed.
Last Name Montgomery
Home Phone
Address1
Address2 Field not completed.
City Bremerton
State WA
Zip 98312
Occupation Teacher
Employer Bremerton School District
Work Address1 1500 13th Street
Work Address2 Field not completed.
City Bremerton
State WA
Zip 98383
Work Phone (360) 473-0955
Fax Field not completed.
Email jay.montgomery@bremertonschools.org
Education Bates Technical College
Local References Colleen Miko
Public Access Manager
Bremerton-Kitsap Access Television (BKAT)
360-473-5014
Ryan Nickels
Principal
West Sound Tech
(360) 473-0552
I am interested in
serving:
Public Access Citizens Advisory Committee (Bremerton Kitsap
Access Television/BKAT)
Is this an application for
reappointment?
Yes
If yes, how many years
have you served on
this commission or
committee?
10+
How long have you
lived in Bremerton
8+
Why are you applying
for this appointment?
I am applying to continue the work we have been doing on the
board by representing my community and industry.
Which of your personal
and / or professional
interests prompted you
to apply for this
appointment?
My interest in broadcasting and an invitation to get involved
lead me to my role on the advisory board.
Have you ever served
on any other Bremerton
board, commission,
committee or task
force? If yes, please
list.
I have served on the BKAT board.
Please list your
qualifications for this
appointment (include
skills, activities,
training, education):
My background in the television industry, teaching video
production at the high school level, and experience on the
BKAT advisory board serve as my qualifications to continue in
this position.
What are your
community interests
(committee,
organizations, special
activities)?
My community interests include promoting equity and
availability of advanced, CTE, and enrichment programs for all
students in Kitsap County. Additionally, promotion of access to
coverage of local meetings, issues, and events and other
locally produced content.
Please list any
accommodations you
need to perform
volunteer duties:
NA
We welcome your willingness to serve Bremerton.
Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form
constitutes a public record and is subject to public release upon request. Prior to
release, the following information may be redacted pursuant to RCW 42.56.250(3):
Residential addresses, residential telephone numbers, personal wireless telephone
numbers, personal electronic mail addresses, social security numbers, driver’s
license numbers, identicard numbers, and emergency contact information of
employees or volunteers of a public agency, and the names, dates of birth,
residential addresses, residential telephone numbers, personal wireless telephone
numbers, personal electronic mail addresses, social security numbers, and
emergency contact information of dependents of employees or volunteers of a
public agency.
Applicants are considered for appointment without regard to race, color, religion,
gender, national origin, sexual orientation, age, genetic information, marital or
veteran status, or the presence of any disability.
Updated 3/24/2020
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
Confirm Reappointment of Charles Bates
to the Civil Service Commission
COUNCIL MEETING Date: March 4, 2026
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the (re)appointment of Charles Bates to the Civil
Service Commission. The term expires April 3, 2029.
ATTACHMENTS: Application to the commission is available in the Mayor’s Office.
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Charles Bates to the Civil Service Commission for the term
expiring April 3, 2029.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A2
2
Last Name Bates
Home Phone
Address1
Address2
City Bremerton
State WA
Zip 98337-1462
Occupation Retired attorney and Human Resources professional
Employer Field not completed.
Work Address1 Field not completed.
Work Address2 Field not completed.
City Field not completed.
State Field not completed.
Zip Field not completed.
Work Phone Field not completed.
Fax Field not completed.
Email Field not completed.
Education B.A. Social Sciences; Master of Labor & Industrial Relations;
MA - Youth Development, all from Michigan State University,
East Lansing, MI; J.D. from William Mitchell College of Law
[now Mitchell-Hamline Law School], St. Paul, MN
Local References Jeff Weiss, District Director for Kitsap District, Chief Seattle
Council, BSA [jweiss@seattlebsa.org; 928-710-1895]. I am a
volunteer for the scout district.
Ken Parker [kparker@co.kitsap.wa.us; 360-337-5461] or
Michael Braunz [MBraunz@co.kitsap.wa.us; 360-337-5461].
Ken and Michael coordinate Kitsap County Youth Court, for
which I am a volunteer.
I am interested in serving: Civil Service Commission (18 years or older)
3
Is this an application for
reappointment?
No
How long have you lived in
Bremerton
4+ years
Why are you applying for
this appointment?
A desire to contribute to my community, which I love, along
with holding particular qualifications relevant for this
commission, that may make me well-suited for a position on
the commission, when one becomes available.
Which of your personal and
/ or professional interests
prompted you to apply for
this appointment?
I have a great deal of respect and admiration for those who
have dedicated their professional lives to law enforcement, fire
suppression, and citizen safety. My academic learning, my
professional background in human resources, and my previous
Civil Service Commission (Bellevue) experience all sparked my
interest in applying. I have spent much of my career
approaching issues in a neutral manner, becoming educated
on them, and approaching resolutions in a fair, open-minded,
and well thought-out manner.
Have you ever served on
any other Bremerton board,
commission, committee or
task force? If yes, please
list.
No.
Please list your
qualifications for this
appointment (include skills,
activities, training,
education):
Served on the City of Bellevue Civil Service Commission,
1997-2000, including vice chair and chair, until I had to resign
due to an employment transfer. Master of Labor & Industrial
Relations (MLIR), with concentration in Collective Bargaining &
Employment Relations, from Michigan State University, 1977.
J.D. (law degree) from William Mitchell College of Law [now
Mitchell-Hamline Law School], St. Paul, MN, 1984. During my
professional career I worked over 30 years in the human
resources field, in both the private and public sectors, including
three years as the Director of Human Resources for the
Washington State Ferries System. Although not directly
related, I believe my background in two areas would also help
me in functioning and contributing to this commission: (1)
Previous service on other public boards, committees, and the
like, besides the Bellevue Civil Service Commission, including
the Sammamish Community Council (Bellevue), the East
Bellevue Transportation Study Advisory Committee, the Scott
Lake Drainage Commission (Thurston County), and the
Community Truancy Board for Bremerton High
School./Bremerton School District And (2) Experience in
Corporate Governance (TransAlta) and Internal Audit
(PACCAR), along with my work as the Public Records Officer /
4
Risk Management Coordinator for the Washington State
Administrative Office of the Courts (2008-2014).
What are your community
interests (committee,
organizations, special
activities)?
I focus my community volunteer work primarily in the area of
youth development. Some of these are "on pause" during the
pandemic with hopes of re-starting when able to do so.
Includes Kitsap County Youth Court; (attorney volunteer) and
the Kitsap District of the Chief Seattle Council, BSA (district
committee, merit badge counselor, Eagle Scout candidate
boards of review). On the state level I volunteer with the
Washington State Association of Youth Courts; and the YMCA
- Youth & Government program (mock trials). I believe strongly
in supporting my community in whatever manners I can do so.
Please list any
accommodations you need
to perform volunteer
duties:
None
We welcome your willingness to serve Bremerton.
Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form
constitutes a public record and is subject to public release upon request. Prior to
release, the following information may be redacted pursuant to RCW 42.56.250(3):
Residential addresses, residential telephone numbers, personal wireless telephone
numbers, personal electronic mail addresses, social security numbers, driver’s
license numbers, identicard numbers, and emergency contact information of
employees or volunteers of a public agency, and the names, dates of birth,
residential addresses, residential telephone numbers, personal wireless telephone
numbers, personal electronic mail addresses, social security numbers, and
emergency contact information of dependents of employees or volunteers of a
public agency.
Applicants are considered for appointment without regard to race, color, religion,
gender, national origin, sexual orientation, age, genetic information, marital or
veteran status, or the presence of any disability.
Updated 3/24/2020
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
Confirm Appointment of Chance Berthiaume
as Public Works & Utilities Director at Pay
Band 22, Rate 2 of the 2026 Management,
Professional, Confidential, & Fiduciary
Salary Plan
COUNCIL MEETING Date: March 4, 2026
Department: Human Resources
Presenter: Tameka Stewart
Phone: (360) 473-5926
SUMMARY:
Council confirmation is required for the appointment of the Director of Public Works & Utilities. The
Administration recommends confirmation of Mr. Chance Berthiaume as Director of Public Works &
Utilities.
Chance Berthiaume has successfully served as the interim Director of Public Works and Utilities
since June 2025. In addition to his performance in the role, Chance brings well over 30 years of
experience within the City of Bremerton where he has held multiple roles, granting him a unique
amount of experience that made him the most qualified for this role out of the other competitive
candidates.
---
The City retained The Prothman Company to conduct a nationwide search utilizing various media
and direct mailings. Mr. Berthiaume was selected by the Mayor and a panel of department directors
out of a competitive pool of highly qualified internal and external candidates. Mr. Berthiaume was
also interviewed by Council President Jane Rebelowski, Vice President Denise Frey and Council
member Christy Cammarata.
---
A starting salary has been negotiated, subject to Council confirmation, at Pay Band 22, Rate 2.
ATTACHMENTS: Resume, Conditional offer letter/letter of engagement outlining the terms of
employment with the City of Bremerton, BMC 2.50.
FISCAL IMPACTS (Include Budgeted Amount): Annual salary $165,539.28. The appointment
does not require a budget adjustment.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Chance Berthiaume as the Director of Public Works and Utilities at Band 22, Rate 2
of the salary schedule; and authorize the Mayor to finalize and execute the final offer letter with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A3
Chance W. Berthiaume, CPMSM, WDM4, WW1
Director of Public Works & Utilities | Executive Water Resource & Infrastructure Leader
Strategic, collaborative, and results-driven municipal executive with 37+ years of leadership in public
works, water utilities, and environmental management. Recognized for modernizing operations,
driving capital improvements, and forging intergovernmental partnerships that elevate infrastructure
reliability and public trust. Proven success in leveraging innovation, regulatory expertise, and grant
funding—over $20 million in awards—to deliver sustainable systems and community-focused
outcomes. A servant leader committed to continuous improvement, workforce development, and
transparent public service.
Core Competencies:
Public Infrastructure Leadership • Water Resource & Utility Management • Regulatory Compliance
(EPA, NPDES, CWA, SDWA) • Capital Improvement Planning • Environmental Stewardship •
Interagency and internal Collaboration • Budget & Fiscal Oversight • Grant Development &
Administration • Community Engagement • Team Building & Workforce Safety
CITY OF BREMERTON, Bremerton, WA
Interim Director of Public Works & Utilities | 2025 – Present
Provide executive direction to 130 staff across Engineering, Water, Wastewater, Stormwater,
Forestry, Internal Services, Streets, and Administration divisions. Guide strategic planning, policy
development, and multimillion-dollar infrastructure initiatives. Lead modernization of operations,
integration of data-driven systems, and alignment with sustainability and compliance mandates.
• Strengthened interdepartmental collaboration and City Council partnerships through transparent
communication and shared-goal governance.
• Advanced strategic capital improvement planning and budget optimization initiatives for enhanced
long-term resilience and ratepayer value.
• Fostered a culture of accountability, safety, and service excellence across technical and field
operations.
Utility Operations Manager | 2023 – Present (concurrent position)
Oversee planning, organization, and management of the City’s utility operations—Water
Distribution, Wastewater Collection, Stormwater, and Compliance.
• Direct 32 staff and manage operating budgets ensuring efficient, safe, and regulatory-compliant
service delivery.
• Lead PW&U safety program for 130 employees; established proactive training, inspections, and
incident-prevention systems.
• Strengthened infrastructure integrity and environmental compliance through performance metrics,
risk assessments, and cross-division collaboration.
NPDES Stormwater Permit Coordinator | 2012 – 2023
Developed and Directed the City’s NPDES Phase II Municipal Permit Program, advancing compliance,
education, and infrastructure renewal.
• Achieved 100% permit compliance while securing and managing 12 grants and 2 loans ($20M+) for
stormwater retrofits, fish passage restoration, and habitat rehabilitation.
• Delivered major capital projects including the Comprehensive Stormwater Plan, Evergreen Rotary
Park Restoration design, Marine Drive Stormwater Treatment, and Ostrich Bay Creek Stormwater
Treatment Retrofit.
• Updated municipal codes and GIS-based rate models to improve funding equity and service
reliability.
• Consistently rated “Exceeded Expectations” for leadership, innovation, and program outcomes.
Environmental Technician | 1996 – 2012
• Directed water quality monitoring and analysis programs for drinking water, stormwater, and
wastewater systems.
• Developed GIS-based stormwater fee verification system, providing equitable assessment system.
• Standardized system monitoring equipment with automation saving the City $1M+.
• Designed and implemented award-winning public education programs on pollution prevention and
water conservation, resources shared nationally by peer agencies.
Service Specialist & Earlier Roles | 1988 – 1996
Progressed from Laborer to Service Specialist; contributed to infrastructure restoration and
sewer/stormwater system mapping in support of the City’s Combined Sewer Overflow Reduction
Program.
Education & Professional Credentials
• Certified Professional in Municipal Stormwater Management (CPMSM) – EnviroCert International.
• Water Distribution Manager IV (WDM4) – State of Washington.
• Wastewater Collection System.
• Certified Erosion & Sediment Control Lead (CESCL) – Ecology.
• US Navy, E-5 Rank, Honorable Discharge.
Technical Proficiency:
Microsoft Office, Access, Crystal Reports, GIS, Environmental Modeling Software, various flow
meters, handheld water quality meters, gas detectors, data mining and analysis, reporting.
Community Leadership
• Sinclair Inlet Cleanup Coordinator (2012–Present) – Lead twice-annual cleanup initiative protecting
waterfront and high-use public areas.
• Member of West Sound Watershed Council (Salmon Recovery),
• Stormwater Managers Group (NPDES Stormwater Permit), and
• Salmon Recovery Council (Puget Sound Partnership).
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
Purchase and Upfit of International 12yard
Dump Truck
COUNCIL MEETING Date: March 4, 2026
Department: PW&U
Presenter: Matt Donleycott
Phone: (360) 473-2316
SUMMARY:
The approved 2026 budget includes the purchase of a 12yard International Dump Truck for our
Utilities Department. The total purchase price including sales tax is $315,717.19
The replacement vehicle will be purchased using the DES Contract #03920.
ATTACHMENTS:
1) Vehicle Purchase List
2) International Truck quote
3) The Fab Shop upfit quote
FISCAL IMPACTS (Include Budgeted Amount):
$315,717.19 (includes Sales Tax)
This is included in the vehicle purchase list in the approved 2026 budget.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase and upfit of a 12yard International Dump Truck in the amount of
$315,717.19; and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A4
2026 Replacement(2025 Budget)2027 Replacement(2026 Budget)EQUIPMENT RENTAL & RESERVE FUNDVEHICLE PURCHASE LISTVehicle NumberFund/Dept. Retiring Vehicle/EquipmentYear Purchased Life Original Cost Anticipated Replacement VehicleCouncil Goals of Electric VehicleQuote ObtainedAnticipated Replacement CostEquipmentCostTotalAnticipated Replacement CostEquipmentCostTotal161422001 - GENERAL FUND (POLICE)2016 FORD EXPLORER 2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X 80,000 20,000 100,000 161423001 - GENERAL FUND (POLICE)2016 FORD EXPLORER 2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X65,000 20,000 85,000 161424001 - GENERAL FUND (POLICE)2016 FORD EXPLORER 2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X65,000 20,000 85,000 161425001 - GENERAL FUND (POLICE)2016 FORD EXPLORER 2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X65,000 20,000 85,000 90389451 - WASTEWATER 08 CHEV CC4500 VAN/CCTV 2009 12 210,626$ FORD E450 HI CUBE WITH 16' BOX X 425,000 - 425,000 133003102 - STREETS 2008 CRAFCO SS125 2013 10 28,069$ CRAFCO SUPERSHOT 125 DIESEL TRAILER ONE AXLE X 74,000 - 74,000 1815001 - GENERAL FUND (PARKS)2002 PAROS EQUIP TRAILER 2002 25 3,107$ TILTBED EQUIPMENT TRAILER X 9,000 - 9,000 90366481 - STORMWATER 2010 INTER 7600 - J6 VACTOR 2009 20 336,807$ VACTOR 2115i750,000 - 750,000 180068401 - WATER (FORESTRY) $240k ADVANCED ERR CONTRIB DUMP TRUCK (WATER)400,000 - 400,000 813,453$ 579,000$ 20,000$ 599,000$ 1,354,000$ 60,000$ 1,414,000$ New Vehicles - Not funded by ERR replacement reserves. Funding comes from department operating budgets.102 - STREETSLEE BOY TACK TANK X -$ 33,000$ 33,000$ 451 - WASTEWATERSKID STEER- 100,000 100,000 -$ 33,000$ 33,000$ -$ 100,000$ 100,000$ 579,000$ 53,000$ 632,000$ 1,354,000$ 160,000$ 1,514,000$ 632,000$ 1,514,000$ Total Capital Purchases
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
Purchase of Vactor 2115i Pump Truck COUNCIL MEETING Date: March 4, 2026
Department: PW&U
Presenter: Matt Donleycott
Phone: (360) 473-2316
SUMMARY: The approved 2026 budget includes the replacement of the VACTOR W -2112 truck as
described in the attached summary. Total replacement cost including sales tax is $709,908.47. The
replacement vehicle will be purchased using the DES Contract #00120.
ATTACHMENTS:
1) Vehicle Justification
2) Vehicle Purchase List
3) Vactor Truck Quote
FISCAL IMPACTS (Include Budgeted Amount):
$709,908.47 (includes Sales Tax)
This is included in the vehicle purchase list in the approved 2026 budget.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of a Vactor 2115i Pump Truck in the amount of $709,908.47; and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A5
2026 Replacement(2025 Budget)2027 Replacement(2026 Budget)EQUIPMENT RENTAL & RESERVE FUNDVEHICLE PURCHASE LISTVehicle NumberFund/Dept.Retiring Vehicle/EquipmentYear Purchased Life Original CostAnticipated Replacement VehicleCouncil Goals of Electric VehicleQuote ObtainedAnticipated Replacement CostEquipmentCostTotalAnticipated Replacement CostEquipmentCostTotal161422001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X80,000 20,000 100,000 161423001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X65,000 20,000 85,000 161424001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X65,000 20,000 85,000 161425001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X65,000 20,000 85,000 90389451 - WASTEWATER08 CHEV CC4500 VAN/CCTV2009 12 210,626$ FORD E450 HI CUBE WITH 16' BOXX425,000 - 425,000 133003102 - STREETS2008 CRAFCO SS1252013 10 28,069$ CRAFCO SUPERSHOT 125 DIESEL TRAILER ONE AXLEX74,000 - 74,000 1815001 - GENERAL FUND (PARKS)2002 PAROS EQUIP TRAILER2002 25 3,107$ TILTBED EQUIPMENT TRAILERX9,000 - 9,000 90366481 - STORMWATER2010 INTER 7600 - J6 VACTOR2009 20 336,807$ VACTOR 2115i750,000 - 750,000 180068401 - WATER (FORESTRY)$240k ADVANCED ERR CONTRIBDUMP TRUCK (WATER)400,000 - 400,000 813,453$ 579,000$ 20,000$ 599,000$ 1,354,000$ 60,000$ 1,414,000$ New Vehicles - Not funded by ERR replacement reserves. Funding comes from department operating budgets.102 - STREETSLEE BOY TACK TANK X -$ 33,000$ 33,000$ 451 - WASTEWATERSKID STEER- 100,000 100,000 -$ 33,000$ 33,000$ -$ 100,000$ 100,000$ 579,000$ 53,000$ 632,000$ 1,354,000$ 160,000$ 1,514,000$ 632,000$ 1,514,000$ Total Capital Purchases
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
2025-2027 Local & Community Projects
Program Grant Agreement with the WA
State Department of Commerce for the
Kitsap Lake Park Accessibility Improvements
Project
COUNCIL MEETING Date: March 4, 2026
Department: Parks & Recreation
Presenter: Tim Barker
Phone: (360) 473-5428
SUMMARY: The Department of Commerce Local and Community Projects Program Grant
Agreement will provide $311,370 to fund a new automatic irrigation system and the
purchase/installation of a new accessible children’s playground at Kitsap Lake Park. This grant
requires no matching funds.
ATTACHMENTS: 1) Department of Commerce Grant Agreement 2) Project Budget Summary
FISCAL IMPACTS (Include Budgeted Amount): This $311,370 grant requires no matching funds.
The original approved project budget was $2,015,704, approved by the City Council on July 3, 2024.
Required Budget Amendment $106,000, (New Total Budget $2,121,704). Updated REET reduced by
$220,370.00.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to enter into the Agreement with the State of Washington Department of
Commerce Grant for the Kitsap Lake Park Accessibility Improvements Project; and to finalize and
execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A6
Grant to
City of Bremerton
through
The Local Community Projects Program
For
Kitsap Lake Park Accessibility Improvements
i
Table of Contents
FACE SHEET ............................................................................................................................ 4
SPECIAL TERMS AND CONDITIONS ...................................................................................... 5
1. GRANT MANAGEMENT ................................................................................................................... 5
2. COMPENSATION ............................................................................................................................. 5
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 5
4. STATE PUBLIC WORKS .................................................................................................................. 6
5. SITE CONTROL ................................................................................................................................ 6
6. DOCUMENTATION AND SECURITY .............................................................................................. 6
7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES ................................................................................... 7
8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 7
9. BILLING PROCEDURES AND PAYMENT ....................................................................................... 8
10. CLOSEOUT CERTIFICATION .......................................................................................................... 9
11. INSURANCE ..................................................................................................................................... 9
12. ORDER OF PRECEDENCE ........................................................................................................... 11
13. REDUCTION IN FUNDS ................................................................................................................. 12
14. REAPPROPRIATION ...................................................................................................................... 12
15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 12
16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 12
17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 13
18. MODIFICATION TO THE PROJECT BUDGET .............................................................................. 13
19. SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 13
20. HISTORICAL AND CULTURAL ARTIFACTS ................................................................................. 14
21. TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 15
22. FRAUD AND OTHER LOSS REPORTING .................................................................................... 15
23. PUBLIC RECORDS ACT ................................................................................................................ 15
24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK ............................................................................................................................................ 15
25. TREATMENT OF ASSETS ............................................................................................................. 15
GENERAL TERMS AND CONDITIONS ...................................................................................16
1. DEFINITIONS.................................................................................................................................. 16
2. ACCESS TO DATA ......................................................................................................................... 16
3. ADVANCE PAYMENTS PROHIBITED ........................................................................................... 16
4. ALL WRITINGS CONTAINED HEREIN .......................................................................................... 16
5. ALLOWABLE COSTS ..................................................................................................................... 16
6. AMENDMENTS ............................................................................................................................... 17
7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35 ....................................................................... 17
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8. ASSIGNMENT................................................................................................................................. 17
9. ATTORNEYS’ FEES ....................................................................................................................... 17
10. AUDIT .............................................................................................................................................. 17
11. BREACHES OF OTHER STATE CONTRACTS ............................................................................. 18
12. CODE REQUIREMENTS ................................................................................................................ 18
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 18
14. CONFORMANCE ............................................................................................................................ 19
15. CONFLICT OF INTEREST ............................................................................................................. 19
16. COPYRIGHT PROVISIONS ........................................................................................................... 19
17. DISALLOWED COSTS ................................................................................................................... 20
18. DISPUTES ...................................................................................................................................... 20
19. DUPLICATE PAYMENT .................................................................................................................. 21
20. GOVERNING LAW AND VENUE ................................................................................................... 21
21. INDEMNIFICATION ........................................................................................................................ 21
22. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 21
23. INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 21
24. LAWS .............................................................................................................................................. 22
25. LICENSING, ACCREDITATION, AND REGISTRATION................................................................ 22
26. LIMITATION OF AUTHORITY ........................................................................................................ 22
27. LOCAL PUBLIC TRANSPORTATION COORDINATION ............................................................... 22
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 22
29. PAY EQUITY ................................................................................................................................... 23
30. POLITICAL ACTIVITIES ................................................................................................................. 23
31. PREVAILING WAGE LAW .............................................................................................................. 23
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .......................................... 24
33. PUBLICITY ...................................................................................................................................... 24
34. RECAPTURE .................................................................................................................................. 24
35. RECORDS MAINTENANCE ........................................................................................................... 24
36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE .............. 24
37. RIGHT OF INSPECTION ................................................................................................................ 24
38. SAVINGS ........................................................................................................................................ 25
39. SEVERABILITY ............................................................................................................................... 25
40. SITE SECURITY ............................................................................................................................. 25
41. SUBGRANTING/SUBCONTRACTING ........................................................................................... 25
42. SURVIVAL ....................................................................................................................................... 26
43. TAXES ............................................................................................................................................. 26
44. TERMINATION FOR CAUSE ......................................................................................................... 26
45. TERMINATION FOR CONVENIENCE ........................................................................................... 27
46. TERMINATION OR SUSPENSION FOR LOSS OR REDUCTION OF FUNDING ........................ 27
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47. TERMINATION PROCEDURES ..................................................................................................... 27
48. TREATMENT OF ASSETS ............................................................................................................. 28
49. WAIVER .......................................................................................................................................... 29
ATTACHMENT A - SCOPE OF WORK ....................................................................................30
ATTACHMENT B - PROJECT BUDGET ..................................................................................31
ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE
THE PROJECT .........................................................................................................................32
ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING
WAGES ....................................................................................................................................33
ATTACHMENT E - CERTIFICATION OF LEADERSHIP IN ENERGY AND ENVIRONMENTAL
DESIGN (LEED) .......................................................................................................................34
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FACE SHEET
Grant Agreement Number: 26-96647-142
Project Name: Kitsap Lake Park Accessibility Improvements
Washington State Department of Commerce
Local Government Division
Local Community Projects
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Bremerton
345 6TH ST STE 100
Bremerton, Washington 98337-1891
3. GRANTEE Representative 4. COMMERCE Representative
Colette Berna
Park Preservation & Development Manager
(360) 473-5429
Colette.Berna@ci.bremerton.wa.us
Pat Hughes
Program Manager
(360) 725-4187
pat.hughes@commerce.wa.gov
PO Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$311,370.00 Federal: State:
Other: N/A:
Upon Final Signature June 30, 2027, if funds are not
reappropriated; June 30, 2029,
contingent on reappropriation.
9. Award Method
Direct: ☒ Competitive: ☐
NOFO/RFX #
N/A
Proviso #
Laws of 2025, Chapter 414,
Sections 6029 and 7012
10. Tax ID # 11. SWV # 12. UBI # 13. UEI #
91-6001231 SWV0000221-00 181002539 HV84RG6NYNG4
14. Grant Agreement Purpose
The purpose of this performance-based Grant Agreement is to provide funding for Kitsap Lake Park Accessibility
Improvements, a legislatively approved project that furthers the goals and objectives of the Kitsap Lake Accessibility
Improvements Project located at 1978 Price Rd NW, Bremerton, WA 98312 as described in Attachment A – Scope of
Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on
the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant
Agreement are governed by this Grant Agreement and the following other documents incorporated by reference: Grant
Agreement Terms and Conditions including Attachment A – Scope of Work, Attachment B – Project Budget, Attachment
C – Certification of Availability of Funds to Complete the Project, Attachment D – Certification of the Payment and
Reporting of Prevailing Wages, Attachment E – Certification of LEED, application as submitted for grant funding,
applicable Local Community Projects Program Notice of Funding Availability, and applicable Local Community Projects
Program Guidelines (as they may be revised from time to time).
FOR GRANTEE FOR COMMERCE
Greg Wheeler, Mayor
City of Bremerton
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
TEMPLATE APPROVED AS TO FORM ONLY
Lisa Koperski, Assistant Attorney General, on 07/23/2025
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between City of Bremerton, a/an Local Government,
and WASHINGTON STATE DEPARTMENT OF COMMERCE, as defined on the Face Sheet of this Grant
Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050(5) to cooperate with
and provide assistance to local governments, businesses, and community-based organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2025, Chapter 414, Section 1027
made an appropriation to support the 2026 Local and Community Projects Program, and directed
COMMERCE to administer those funds; and
WHEREAS, certain direct appropriations are provided for in the enabling legislation; and
WHEREAS, the GRANTEE previously received funding for Kitsap Lake Park Accessibility
Improvements and COMMERCE administered the funding through Commerce Grant Number 22-
96634-085.
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding
for design, acquisition, construction and equipment, or rehabilitation activities of the Project.
GRANTEE and COMMERCE are individually a “party” and, collectively, the “parties.”
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant Agreement.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $311,370.00 for the capital costs necessary for or
incidental to the performance of work as set forth in Attachment A (Scope of Work).
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
demonstrating and certifying that it has expended or has access to funds from non-state sources
as set forth in ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO
COMPLETE THE PROJECT). Such non-state sources may consist of a combination of any of the
following:
i. Eligible Project expenditures prior to the execution of this Grant Agreement.
ii. Cash dedicated to the Project.
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iii. Funds available through a letter of credit or other binding loan commitment(s).
iv. Pledges from foundations or corporations.
v. Pledges from individual donors.
vi. The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will not
consider appraisals for prospective values of such property for the purposes of calculating the
amount of non-state matching fund credit.
vii. In-kind contributions, subject to COMMERCE’s approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources and shall make such records available for
COMMERCE’s review upon reasonable request.
4. STATE PUBLIC WORKS
For work done at the cost of the State, GRANTEE must comply with public works statutes RCW
39.04 and RCW 39.10, apprenticeship requirements, and the state and local building codes, as
applicable. If GRANTEE has questions about compliance, GRANTEE will need to visit the
Washington State Department of Labor & Industries Public Works Projects website for more
information.
5. SITE CONTROL
GRANTEE who receives grants for construction, purchase or renovation of facilities must provide
written evidence of and maintain site control, either through outright ownership of the subject property
or a long-term lease, for a minimum of ten (10) years after the later of: (1) final grant payment; or (2)
the date when the facility is made usable to the public for the purpose intended by the Washington
State Legislature, including GRANTEE having secured all required licenses, certifications, and/or
permits. GRANTEE must provide written evidence of continuing site control as may be requested by
COMMERCE.
6. DOCUMENTATION AND SECURITY
The provisions of this Section shall apply to capital projects performed by nonprofit organizations, for-
profit organizations, and public benefit corporations that involve the expenditure of over $250,000 in
state funds. The provisions may also apply to Tribes and local governments, depending on the
location of the Project. Additionally, COMMERCE reserves the right to review all state-funded projects
and to require that projects performed by other entity types comply with this Section. Projects for
which the grant award or legislative intent documents specify that the state funding is to be used for
pre-design or design only are exempt from this Section.
A. Deed of Trust. This Grant Agreement shall be evidenced by a promissory note and secured by a
deed of trust or other appropriate security instrument in favor of COMMERCE (the Deed of Trust).
The Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within 90 calendar days of Grant Agreement
execution. The Deed of Trust must be recorded before COMMERCE will reimburse the
GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount
of the Grant Agreement as set forth on the Face Sheet.
B. Term of Deed of Trust; Commitment Period. The Deed of Trust shall remain in full force and
effect for a minimum period of ten (10) years following the later of: (1) final payment of state funds
to the GRANTEE under this Grant Agreement; or (2) the date when:
i. the facility improved or acquired with grant funds; or
ii. a distinct phase of the Project
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is made useable to the public for the purpose intended by the Washington State Legislature (the
Commitment Period). Upon satisfaction of the Commitment Period and all other Grant Agreement
terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take
appropriate action to reconvey the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the Project will be partially funded by a loan and the term of said loan is less than the
Commitment Period as defined in Special Terms and Conditions Section 6(B), COMMERCE may
require that GRANTEE record or cause to be recorded a covenant in a superior lien position
ahead of the lender’s security instrument that restricts use of the facility or property for the
purpose(s) stated elsewhere in this Grant Agreement for at least the term of the Commitment
Period as defined in Special Terms and Conditions Section 6(B).
E. Subordination. COMMERCE may agree to subordinate its Deed of Trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within 30 calendar days of receiving the
request.
F. Deed of Trust on Leased Property. COMMERCE may require, at its sole discretion, a Deed of
Trust on the fee interest of the real property where the Project is located, if the Project is on
leased property.
7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the value
of the real property eligible for reimbursement under this Grant Agreement as follows:
A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate appraiser
or a current property tax statement.
B. GRANTEE purchases of real property from a related or subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State
commercial real estate appraiser or the prior purchase price of the property plus holding costs,
whichever is less.
8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the GRANTEE shall be made on a reimbursement basis only. The GRANTEE may be
reimbursed, at the rate set forth elsewhere in this Grant Agreement and as authorized by the
Legislature, for work associated with the Project expenditures. Reimbursable costs are determined by
the Scope of Work, Attachment A. Generally, costs within the following cost categories are
considered capital expenditures:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
i. Site preparation and improvements;
ii. Permits and fees;
iii. Labor and materials;
iv. Taxes on Project goods and services;
8
v. Capitalized equipment;
vi. Information technology infrastructure; and
vii. Landscaping.
E. Other costs authorized through the legislation.
For Direct Appropriations, COMMERCE may also consider reimbursing for work performed prior
to Grant Agreement execution but will not consider reimbursing for work performed prior to the
capital budget effective date unless the Project’s scope of work as approved by the legislature
includes such work.
For competitively-awarded projects, COMMERCE may also consider reimbursing for work
performed prior to Grant Agreement execution, but in no situation will reimburse for work
performed prior to the date specified in the program guidelines applicable at the time of Grant
Agreement execution.
All work requesting reimbursement must fall into eligible expenditures. Please see the most
recent version of the program guidelines for a complete list of eligible costs.
9. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for up to 100% of each invoice for eligible Project
expenditures, up to the maximum payable under this Grant Agreement. When requesting
reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and
completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed – by
budget line item – for the billing period. The GRANTEE must submit all Invoice Vouchers and any
required documentation electronically. Submissions shall be in accordance with directions provided
by COMMERCE. Funds are reimbursement based and cannot be advanced under any circumstance.
Disbursements of funds for invoices due and payable within 30 days are not considered advanced
payments.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from subgrantees/subcontractors providing Project goods or services covered by the Grant
Agreement. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or
electronic funds transfer, as applicable, that confirms that they have paid each expenditure being
claimed at the time the voucher is submitted or within 30 calendar days of COMMERCE’s
disbursement of payment, and before any subsequent reimbursement request is made. Proof of
payment must be provided at the time the final grant reimbursement is requested.
A voucher must be certified (i.e., signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The voucher shall be submitted to COMMERCE within 60 calendar days following the
completion of work or other termination of this Grant Agreement, or as soon as possible after the end
of the State biennium but in no case later than [15] calendar days following the end of the State
biennium unless Grant Agreement funds are re-appropriated by the Washington State Legislature in
accordance with Special Terms and Conditions Section 14 (Reappropriation).
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another contract or grant agreement, GRANTEE must clearly identify such
contracts or grant agreements in the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement request
received unless and until the Project Status Report is received.
In the event that the Grant Agreement is executed or the award amount in Special Terms and
Conditions Section 2 (Compensation) is expended before construction completion of the Project, as
identified in Attachment A (Scope of Work), the GRANTEE agrees to continue providing complete
Project updates to their COMMERCE Representative quarterly or upon request.
9
COMMERCE will pay GRANTEE upon receipt and approval of properly completed invoices and
supporting documentation, which shall be submitted to the Representative for COMMERCE not more
often than monthly. After approving the Invoice Voucher and Project Status Report, COMMERCE
shall promptly remit a warrant to the GRANTEE. Payment shall be considered timely if made by
COMMERCE within 30 calendar days after receipt of properly completed invoices. Payment shall be
sent to the address designated by the GRANTEE.
Notwithstanding the foregoing, COMMERCE may, in its sole discretion, holdback up to the final 10%
of grant funds until the Project is complete and the facility has been issued a Certificate of Occupancy
from the appropriate local permitting entity, or for projects without occupiable space, when
comparable evidence of Project completion is submitted by GRANTEE. COMMERCE will hold back
grant funds and shall not disburse such funds to the GRANTEE until the GRANTEE submits to
COMMERCE a copy of the issued Certificate of Occupancy or other COMMERCE-approved
evidence of completion. The evidence of completion must be submitted with GRANTEE’s final
request for reimbursement.
10. CLOSEOUT CERTIFICATION
COMMERCE shall complete and send a Grant Closeout Correspondence when:
A. All activities identified in the Scope of Work shown on Attachment A are complete and the Project
is useable to the public for the purpose intended by the Washington State Legislature, or
B. When final payment is made and GRANTEE has certified that the Project will be completed, and
the public benefit described will be maintained for the term of the Commitment Period as defined
in Special Terms and Conditions Section 6(B).
The GRANTEE shall respond to confirm receipt of the Grant Closeout Correspondence when there are
grant funds remaining at closeout that will be de-obligated.
Notwithstanding anything in A. or B. above, the right of COMMERCE to recapture funds or seek other
remedies for failure to make the Project usable to the public shall survive the closeout or termination of
this Grant Agreement.
COMMERCE reserves the right to request additional information related to the Project.
11. INSURANCE
A. Insurance Requirements for Reimbursable Activities
The GRANTEE must have insurance coverage that is substantially similar to the coverage described
in Section 11(B) below for all periods in which GRANTEE performed work for which it will seek
reimbursement. The intent of the required insurance is to protect the State of Washington should
there be any Claims, suits, actions, costs, damages, or expenses arising from any loss or negligent or
intentional act or omission of the GRANTEE or subgrantee/subcontractor, or agents of either, while
performing under the terms of this Grant Agreement.
B. Additional Insurance Requirements During the Term of the Grant Agreement
i. The GRANTEE shall provide proof to COMMERCE of insurance coverage that shall be
maintained in full force and effect, as indicated below, and shall submit renewal certificates
not less than 30 calendar days prior to expiration of each policy required under this Section:
a. Commercial General Liability Insurance Policy. Provide a Commercial General
Liability Insurance Policy, including contractual liability, written on an occurrence basis, in
adequate quantity to protect against legal liability arising out of or related to this Grant
Agreement but in no less than $1,000,000 per occurrence. Additionally, the GRANTEE is
responsible for ensuring that any subgrantee/subcontractor provide adequate insurance
coverage for the activities arising out of or related to subgrants/subcontracts (if any).
Commercial General Liability Insurance coverage shall be maintained in full force and
effect during the term of this Grant Agreement and throughout the Commitment Period as
defined in Special Terms and Conditions Section 6(B).
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b. Property Insurance. The GRANTEE shall keep the property insured in an amount
sufficient to permit such insurance to be written at all times on a replacement cost basis.
Such insurance shall cover the following hazards, as applicable:
1. Loss or damage by fire and such other risks;
2. Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
3. Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline
storage tanks, or similar apparatus now or hereafter installed in a building or building
on the premises.
This property insurance coverage must be maintained in full force and effect throughout
the term of this Grant Agreement and the Commitment Period as defined in Special
Terms and Conditions Section 6(B).
c. Professional Liability, Errors, and Omissions Insurance. If GRANTEE will be
providing any professional services to be reimbursed under this Grant Agreement, the
GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance with
minimum limits of no less than $1,000,000 per occurrence to cover all activities by the
GRANTEE and licensed staff employed or under contract to the GRANTEE. The State of
Washington, the Department of Commerce, its agents, officers, and employees need not
be named as additional insureds under this policy. This insurance must be maintained
throughout the term of the Grant Agreement and the Commitment Period as defined in
Special Terms and Conditions Section 6(B). GRANTEE shall require that any
subgrantees/subcontractors providing professional services that are reimbursable under
this Grant Agreement maintain Professional Liability or Errors and Omissions Insurance
at the coverage levels set forth in this subsection.
d. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act
on behalf of the GRANTEE for the purpose of receiving or depositing funds into program
accounts or issuing financial documents, checks, or other instruments of payment for
program costs shall be insured to provide protection against loss where:
1. The amount of fidelity coverage secured pursuant to this Grant Agreement shall be
$2,000,000 or the highest of planned reimbursement for the Grant Agreement period,
whichever is lower. Fidelity insurance secured pursuant to this paragraph shall name
the State of Washington, the Department of Commerce, its agents, officers, and
employees as beneficiary.
2. Subgrantees/subcontractors that receive $10,000 or more per year in funding
through this Grant Agreement shall secure fidelity insurance as noted above. Fidelity
insurance secured by subgrantees/subcontractors pursuant to this paragraph shall
name the GRANTEE and the GRANTEE’s fiscal agent (if any) as beneficiary.
3. Fidelity Insurance coverage shall be maintained in full force and effect from the start
date of this Grant Agreement until GRANTEE has submitted a Closeout Certification
Form, subject to the following: Fidelity Insurance must be issued on either (a) a “loss
sustained” basis; or (b) if issued on a “loss-discovered” basis, provide coverage for at
least 6 months following the date of COMMERCE’s receipt of the Closeout
Certification Form.
4. Fidelity Insurance for Organizations with No Employees.
Notwithstanding Special Term and Condition 11(B)(4), the requirement for fidelity
insurance described in that term is hereby waived as long as the GRANTEE does not
have any employees (including, but not limited to, volunteers, work-study
placements, and interns).
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ii. The insurance required shall be issued by an insurance company authorized to do business
within the State of Washington. Except as otherwise set forth in this Section, each insurance
policy shall name “the State of Washington Department of Commerce, its agents, officers,
and employees” as additional insureds on all policies. All policies shall be primary to any
other valid and collectable insurance. The GRANTEE shall instruct the insurers to give
COMMERCE 30 calendar days’ advance notice of any insurance cancellation or modification.
iii. The GRANTEE shall submit to COMMERCE within 15 calendar days of the Grant Agreement
start date, a certificate of insurance which outlines the coverage and limits defined in this
insurance section including, without limitation, the type of insurance coverage under the
policy, the designated beneficiary, who is covered, the amounts, the period of coverage, and
that COMMERCE will be provided 30 days’ advance written notice of cancellation. During the
term of the Grant Agreement, the GRANTEE shall submit renewal certificates not less than
30 calendar days prior to expiration of each policy required under this Section. Additionally,
GRANTEE shall provide copies of insurance instruments or certifications, at COMMERCE’s
request and until six (6) months after COMMERCE has received a Closeout Certification
Form from GRANTEE. Copies of such insurance instruments and certifications will be
provided within 15 calendar days of COMMERCE’s request unless otherwise agreed to by
the parties.
iv. GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval
from COMMERCE, the GRANTEE may provide the coverage above under a self-
insured/liability pool or self-insured risk management program. In order to obtain permission
from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance
program, and (2) a certificate and/or letter of coverage that outlines coverage limits and
deductibles. All self-insured risk management programs or self-insured/liability pool financial
reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to
accounting standards promulgated by 1) Governmental Accounting Standards Board
(GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State
Auditor’s annual instructions for financial reporting. GRANTEE’s participating in joint risk
pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The State of Washington, the Department of
Commerce, its agents, and employees need not be named as additional insured under a self-
insured property/liability pool, if the pool is prohibited from naming third parties as additional
insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of
self- insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool
or self-insured risk management program. Such annual summary of coverage and letter of
self-insurance will be provided on the anniversary of the start date of this Grant Agreement.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
1) Applicable federal and State of Washington statutes and regulations
2) Special Terms and Conditions
3) General Terms and Conditions
4) Attachment A – Scope of Work
5) Attachment B – Project Budget
6) Attachment C – Certification of the Availability of Funds to Complete the Project
7) Attachment D – Certification of the Payment and Reporting of Prevailing Wages
8) Attachment E – Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
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9) Application as submitted by the GRANTEE for funding
10) Notice of Funding Availability
Program Guidelines, as revised. GRANTEE acknowledges that the Program Guidelines may be revised
by COMMERCE from time to time and agrees that the most recent version of the Guidelines shall be
applicable. COMMERCE will post notice on its website https://www.commerce.wa.gov/building-
infrastructure/capital-facilities/ drawing attention to the sections of the Guidelines that have been revised.
13. REDUCTION IN FUNDS
In the event that funds appropriated for the Project contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature, or
other funding source, during the Grant Agreement period, the parties understand and agree that
COMMERCE may suspend, amend, or terminate the Grant Agreement to abide by the revised
funding limitations. The parties understand and agree that GRANTEE shall be bound by any such
revised funding limitations as implemented at the discretion of COMMERCE and shall meet and
renegotiate the Grant Agreement accordingly.
14. REAPPROPRIATION
A. The parties hereto understand and agree that any State funds not expended by the End Date
listed on the Face Sheet will lapse on that date unless specifically reappropriated by the
Washington State Legislature. If funds are so reappropriated, the State's obligation under the
terms of this Grant Agreement shall be contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real
property to secure funds awarded under this Grant Agreement. This provision does not extend to
Claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation
of this Grant Agreement.
16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved using state funds under this
Grant Agreement shall be held and used by the GRANTEE for the purpose or purposes stated
elsewhere in this Grant Agreement for the Commitment Period as defined in Special Terms and
Conditions Section 6(B).
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this Section; provided, however, that any such sale shall be subject to
prior review and approval by COMMERCE and that all proceeds from such sale shall be applied
to the purchase price of a different facility or facilities of equal or greater value than the original
facility and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE
shall repay to the state general fund or state building construction account, as determined solely
by COMMERCE, pursuant to General Terms and Conditions Section 34, the principal amount of
the funds disbursed under the Grant Agreement, along with interest at the rate of the higher of: (i)
five percent (5%) per annum, or (ii) the rate of interest of state of Washington general obligation
bonds issued on the date most close in time to the effective date in which legislation authorized
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funding for the subject facility. Repayment shall be made pursuant to General Terms and
Conditions Section 34 (Recapture). This repayment is in addition to any other remedies available
at law or in equity.
17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any and all real property or facilities leased by the
GRANTEE that are constructed, renovated, or otherwise improved using state funds under this
Grant Agreement shall be used by the GRANTEE for the purpose or purposes stated elsewhere
in this Grant Agreement for a period of the Commitment Period as defined in Special Terms and
Conditions Section 6(B).
B. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE
shall repay to the state general fund or state building construction account, as determined solely
by COMMERCE, pursuant to General Terms and Conditions Section 34, the principal amount of
the funds disbursed under the Grant Agreement, along with interest at the rate of the higher of: (i)
five percent (5%) per annum, or (ii) the rate of interest of state of Washington general obligation
bonds issued on the date most close in time to the effective date in which legislation authorized
funding for the subject facility Repayment shall be made pursuant to General Terms and
Conditions Section 34 (Recapture). This repayment is in addition to any other remedies available
at law or in equity.
18. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this Grant Agreement, the GRANTEE may, its discretion,
make modifications to Grant Amounts associated with line item(s) in Attachment B (Project
Budget) that will not increase the Grant Amounts associated with line item(s) by more than 20%.
B. The GRANTEE shall notify COMMERCE in writing by email when proposing any budget
modification or modifications to a line item in Attachment B (Project Budget) that would increase
the Grant Amounts associated with line item(s) by more than 20%. Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this Grant Agreement that would cause one or more budget line items to exceed the 20%
threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE by email, and such written approval shall amend the Project Budget.
Each party to this Grant Agreement will retain and make any and all documents related to such
budget modifications a part of their respective Grant Agreement file.
D. Nothing in this Section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Special Terms and Conditions Section 2 (Compensation) of this
Grant Agreement.
19. SIGNAGE, MARKERS AND PUBLICATIONS
A. Taxpayers of Washington State as participant in funding Project
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the
Project, any such communication or publication must identify “The Taxpayers of Washington
State” as a participant.
B. Ensure coordinated Climate Commitment Act branding.
If Climate Commitment Act funding is involved in this Grant Agreement, then the following
provisions apply to GRANTEE and its subgrantees/subcontractors including, without limitation,
any and all contractors, subgrantees/subcontractors, service providers, and others who assist
GRANTEE in implementing the Project in order to strengthen public awareness of how CCA
funding is used and to ensure consistent branding and funding acknowledgments:
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i. Funding source acknowledgement. - The GRANTEE must display or circulate in any and all
communications including, without limitation, on websites and in announcements, press
releases, and publications used for media-related activities, publicity, and public outreach
that: “This project is supported with funding from Washington’s Climate Commitment Act. The
CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work
reducing climate pollution, creating jobs, and improving public health. Information about the
CCA is available at www.climate.wa.gov.”
ii. Include the “Climate Commitment Act” logo at climate.wa.gov/brandtoolkit, consistent with the
branding guidelines posted at climate.wa.gov/brandtoolkit for:
a. any Project website or webpage that includes logos from other funding partners; and/or
b. any Project media or public information materials that include logos from other funding
partners; and/or
c. On-site signage, to the extent possible. By way of example only, this means that for
consumer-related projects or programs, a decal may be placed on front of installed heat
pump or a logo printed on a delivery tag.
iii. The GRANTEE is responsible for ensuring that its subgrantees/subcontractors comply with
Section 19(B).
20. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE
shall cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 21-02
or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the State of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the Project funded by this Grant Agreement.
In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with
Governor’s Executive Order 21-02 as applicable, coordinate with COMMERCE and the Washington
State Department of Archaeology and Historic Preservation (DAHP), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or
mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Grant Agreement.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the State's historical preservation officer at DAHP, and the
COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subgrants/subcontracts for work or
services related to the Project described in Attachment A (Scope of Work).
In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with
RCW 27.44 regarding Indian Graves and Records, RCW 27.53 regarding Archaeological Sites and
Resources, RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves, and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 21-02.
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In the event that the GRANTEE finds it necessary to amend the Project described in Attachment A
(Scope of Work), the GRANTEE may be required to re-comply with Governor's Executive Order 21-
02 or Section 106 of the National Historic Preservation Act.
21. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
grant application or during the performance of this Grant Agreement, COMMERCE reserves the right
to terminate or amend this Grant Agreement, accordingly, including the right to recapture all funds
disbursed to the GRANTEE under the Grant Agreement.
22. FRAUD AND OTHER LOSS REPORTING
GRANTEE shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Grant Agreement immediately or as soon as practicable to the
COMMERCE Representative identified on the Face Sheet.
23. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section 13 (Confidentiality/Safeguarding of
Information), COMMERCE is a public agency subject to the Public Records Act, RCW 42.56 (PRA).
Under the PRA, all materials relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its
functional equivalents are considered public records. The PRA requires that public records
responsive to a public records request be promptly produced unless the PRA or an “other statute”
exempts such records from production. This Grant Agreement is not intended to alter COMMERCE’s
obligations under the PRA. The parties agree that if COMMERCE receives a public records request
for files that may include confidential information under General Terms and Conditions Section 13
(Confidentiality/Safeguarding of Information), COMMERCE may notify the other party of the request
and of the date that the records will be released to the requester unless GRANTEE obtains a court
order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA,
COMMERCE shall maintain the confidentiality of the information per the court order.
24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK
General Terms and Conditions Section 16 (Copyright Provisions) are not intended to apply to any
architectural and engineering design work funded by this Grant Agreement.
25. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. General Terms and
Conditions Section 47 (Treatment of Assets) is superseded by this provision.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant Agreement, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “Claim” shall mean any and all claims, losses, costs, damage, expenses, liabilities, liens, actions,
causes of action (whether in tort or contract, law or equity, or otherwise), and attorneys’ fees and
costs.
C. “COMMERCE” shall mean the Washington State Department of Commerce.
D. “Grant Agreement” shall mean the entire written agreement between COMMERCE and the
GRANTEE, including any attachments, exhibits, documents, or materials incorporated by
reference, and any amendments executed by the parties.
E. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant Agreement and shall include all employees and agents of the GRANTEE.
F. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use, or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
G. ”State” shall mean the State of Washington.
H. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant Agreement under a separate subcontract
or subgrant with the GRANTEE. The term “subgrantee/subcontractor” refers to
subgrantees/subcontractors of any tier.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant Agreement to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office
of the State Auditor at no additional cost. This includes access to all information that supports the
findings, conclusions, and recommendations of the GRANTEE’s reports, including computer models
and the methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
Agreement shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant Agreement contains all the terms and conditions agreed upon by the parties. Such
amendments shall not be binding unless they are in writing and signed by personnel authorized to
bind each of the parties. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
5. ALLOWABLE COSTS
Costs allowable under this Grant Agreement are actual expenditures according to an approved
budget up to the maximum amount stated on the Grant Agreement Award or Amendment Face
Sheet.
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6. AMENDMENTS
This Grant Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant
Agreement shall be deemed to exist or to bind any of the parties hereto.
7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
8. ASSIGNMENT
Neither this Grant Agreement nor any Claim arising under this Grant Agreement, shall be transferred
or assigned by the GRANTEE without prior written consent of COMMERCE.
9. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant Agreement, in the event of litigation
or other action brought to enforce Grant Agreement terms, each party agrees to bear its own
attorneys’ fees and costs.
10. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are required to
procure audit services, at the request of COMMERCE, and provide documentation of the audit to
COMMERCE based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees/subcontractors also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees/subcontractors.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within 30 calendar days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted
by a qualified certified public accountant.
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The GRANTEE shall include the above audit requirements in any and all subgrants or
subcontracts.
In any case, the GRANTEE’s records must be available for review by COMMERCE at any time
during the Commitment Period as defined in Special Terms and Conditions Section 6(B).
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than 9 months after
the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
comacctoffice@commerce.wa.gov or a hard copy to:
Washington State Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia. WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
i. Corrective action plan for audit findings within three (3) months of the audit being received
by COMMERCE; and
ii. Copy of the Management Letter.
If the GRANTEE is required to obtain a single audit consistent with Circular A-133
requirements, a copy must be provided to COMMERCE; no other report is required.
11. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts and grant agreements executed between
GRANTEE and the State of Washington. A breach of any other contract or grant agreement entered
into between GRANTEE and the State of Washington may, in COMMERCE's sole discretion, be
deemed a breach of this Grant Agreement.
12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this Section includes:
i. All material provided to the GRANTEE by COMMERCE that is designated as “confidential”
by COMMERCE; and
ii. All material produced by the GRANTEE that is designated as “confidential” by
COMMERCE; and
iii. All Personal Information in the possession of the GRANTEE that may not be disclosed
under state or federal law.
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant Agreement and shall not use, share, transfer, sell, or disclose
any Confidential Information to any third party except with the prior written consent of
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COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale, or disclosure of Confidential Information or violation of any related state or federal
laws. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures
on confidentiality. COMMERCE may require changes to such policies and procedures as they
apply to this Grant Agreement whenever COMMERCE reasonably determines that changes are
necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within
the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return
to COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within 5 working days
of GRANTEE’s discovery of any unauthorized use or disclosure of any confidential information
and shall take necessary steps to mitigate the harmful effects of such use or disclosure.
14. CONFORMANCE
If any provision of this Grant Agreement violates any statute or rule of law of the State of Washington,
it is considered modified to conform to that statute or rule of law.
15. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, RCW 42.52 and RCW 42.23, or any similar statute involving the GRANTEE in the
procurement of, or performance under, this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to RCW
42.52. The GRANTEE and all subgrantees/subcontractors (if any) must identify any person employed
in any capacity by the State of Washington that worked on this Grant Agreement, or any matter
related to the Project funded under this Grant Agreement or any other state funded project, including,
but not limited to, formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant Agreement. Any person identified by the GRANTEE and their
subgrantees/subcontractors (if any) must be identified individually by name, the agency previously or
currently employed by, job title or position held, and separation date. If it is determined by
COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further
consideration for the award of a grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
an issue and may be reviewed as provided in Section 18 General Terms and Conditions (Disputes) of
this Grant Agreement.
16. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant Agreement shall be considered
"works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE.
COMMERCE shall be considered the author of such Materials. In the event that the Materials are not
considered “works for hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns
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all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and
rights of publicity to COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, and register as well
as the ability to transfer these rights.
For Materials that are delivered under the Grant Agreement, but that incorporate pre-existing
materials not produced under the Grant Agreement, the GRANTEE grants to COMMERCE a
nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to
translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including
intellectual property rights, moral rights, and rights of publicity, necessary to grant such a license to
COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant Agreement, of all known or potential invasions of privacy
contained therein and of any portion of such document which was not produced in the performance of
this Grant Agreement. The GRANTEE shall provide COMMERCE with prompt written notice of each
notice or claim of infringement received by the GRANTEE with respect to any Materials delivered
under this Grant Agreement. COMMERCE shall have the right to modify or remove any restrictive
markings placed upon the Materials by the GRANTEE.
17. DISALLOWED COSTS
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees/subcontractors.
18. DISPUTES
Except as otherwise provided in this Grant Agreement, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the
Director of COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
i. be in writing;
ii. state the disputed issues;
iii. state the relative positions of the parties;
iv. state the GRANTEE's name, address, and Grant Agreement number; and
v. be mailed to the Director and the other party’s (respondent’s) Grant Agreement
Representative within 3 working days after the parties agree that they cannot resolve the
dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
10 working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
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The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant Agreement shall be construed to limit the parties’ choice of a mutually
acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure
outlined above.
19. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other grant, subgrant/subcontract, contract, or agreement,
for the same services or expenses. The GRANTEE certifies that work to be performed under this
Grant Agreement does not duplicate any work to be charged against any other grant,
subgrant/subcontract, contract, or agreement.
20. GOVERNING LAW AND VENUE
This Grant Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
21. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
State of Washington, COMMERCE, agencies of the State, and all officials, agents, employees, and
representatives of the State, from and against all Claims for injuries or death arising out of or resulting
from the performance of the Grant Agreement.
The GRANTEE’S obligation to indemnify, defend, and hold harmless includes any Claim by any and
all of GRANTEE’S agents, employees, representatives, and/or subgrantee(s)/subcontractor(s) (and
their agents, employees, and representatives, to the extent that GRANTEE is using any
subgrantee/subcontractor for the Project).
The GRANTEE’S obligations shall not include such Claims that may be caused by the sole
negligence of the State and its agencies, officials, agents, and/or employees. If the Claims or
damages are caused by or result from the concurrent negligence of (a) the State, its agents, and/or
employees and (b) the GRANTEE, its subgrantees/subcontractors, agents, and/or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the
GRANTEE (and/or its subgrantees/subcontractors) and their agents, officers, representatives, and/or
employees.
The GRANTEE waives its immunity under RCW 51 to the extent it is required to indemnify, defend,
and hold harmless the State and its agencies, officers, agents, and/or employees.
22. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant
Agreement. The GRANTEE and its employees, officers, representatives, and/or agents performing
under this Grant Agreement are not employees or agents of the State of Washington or
COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of
COMMERCE or of the State of Washington by reason hereof, nor will the GRANTEE make any claim
of right, privilege, or benefit which would accrue to such officer or employee under law. Conduct and
control of the work associated with the Project will be solely with the GRANTEE.
23. INDUSTRIAL INSURANCE COVERAGE
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The GRANTEE shall comply with all applicable provisions of RCW 51 (Industrial Insurance). If the
GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement and transmit the deducted amount to the Department of
Labor and Industries (L&I) Division of Insurance Services. This provision does not waive any of L&I’s
rights to collect from the GRANTEE.
24. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local and state and federal governments, as now or hereafter amended.
25. LICENSING, ACCREDITATION, AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation, and
registration requirements or standards necessary for the performance of this Grant Agreement.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to enter, alter, amend,
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration,
amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective
or binding unless made in writing and signed by the Authorized Representative.
27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, GRANTEE shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
A. During the performance of this Grant Agreement, the GRANTEE, including any
subgrantee/subcontractor, shall comply with all federal, state, and local nondiscrimination laws,
regulations, and policies including, but not be limited to, not discriminate on the bases
enumerated at RCW 49.60.530(3). In addition, GRANTEE, including any subcontractor, shall give
written notice of this nondiscrimination requirement to any labor organizations with which
GRANTEE, or subgrantee/subcontractor, has a collective bargaining or other agreement. The
funds provided under this Grant Agreement shall not be used to fund religious worship, exercise,
or instruction. No person shall be required to participate in any religious worship, exercise, or
instruction in order to have access to the facilities funded by this Grant Agreement.
B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply
with any Washington state agency investigation regarding any allegation that GRANTEE,
including any subgrantee/subcontractor, has engaged in discrimination prohibited by this Grant
Agreement pursuant to RCW 49.60.530(3).
C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend GRANTEE,
including any subgrantee/subcontractor, upon notice of a failure to participate and cooperate with
any state agency investigation into alleged discrimination prohibited by this Grant Agreement,
pursuant to RCW 49.60.530(3). Any such suspension will remain in place until COMMERCE
receives notification that GRANTEE, including any subgrantee/subcontractor, is cooperating with
the investigating state agency. In the event GRANTEE, or subgrantee/subcontractor, is
determined to have engaged in discrimination identified at RCW 49.60.530(3), COMMERCE may
23
terminate this Agreement in whole or in part, and GRANTEE, subgrantee/subcontractor, or both,
may be referred for debarment as provided in RCW 39.26.200. GRANTEE or
subgrantee/subcontractor may be given a reasonable time in which to cure this noncompliance,
including implementing conditions consistent with any court-ordered injunctive relief or settlement
agreement.
29. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are compensated
as equals, consistent with the following:
A. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
B. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
i. A seniority system; a merit system; a system that measures earnings by quantity or quality
of production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels; and/or
ii. A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential; and/or
iii. A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise Services determines that the GRANTEE is not in compliance with this Section.
30. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the Campaign Disclosure and
Contribution provisions of RCW 42.17a and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
31. PREVAILING WAGE LAW
The GRANTEE certifies that all subgrantees/subcontractors performing work on the Project shall
comply with State Prevailing Wages on Public Works, RCW 39.12, as applicable to the Project
funded by this Grant Agreement, including, but not limited to, the filing of the “Statement of Intent to
Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such
records available for COMMERCE’s review upon request. The GRANTEE is advised to consult the
Industrial Statistician at the Washington Department of Labor and Industries to determine whether
prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing
wage applies to this Project or for any prevailing wage payments that may be required by law.
24
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such funds or any other
approval or concurrence under this Grant Agreement provided, however, that reasonable fees or
bona fide technical consultant, managerial, or other such services, other than actual solicitation, are
not hereby prohibited if otherwise eligible as Project costs.
33. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the State
of Washington or COMMERCE’s name is mentioned, or language used from which the connection
with the State of Washington’s or COMMERCE’s name may reasonably be inferred or implied,
without the prior written consent of COMMERCE.
34. RECAPTURE
In the event that the GRANTEE fails to perform this Grant Agreement in accordance with state or
federal laws, and/or the provisions of this Grant Agreement, COMMERCE reserves the right to
recapture funds in an amount to compensate COMMERCE for the noncompliance (which may include
all funds disbursed under the Grant Agreement, along with interest at the rate of the higher of: (i) five
percent (5%) per annum, or (ii) the rate of interest of state of Washington general obligation bonds
issued on the date most close in time to the effective date in which legislation authorized funding for
the subject facility) in addition to any other remedies available at law or in equity.
COMMERCE’s ability to recapture or seek remedies shall survive any receipt of a Closeout
Certification Form or termination of this Grant Agreement.
Repayment by the GRANTEE of funds under this Section shall occur within the time period specified
by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due
under this Grant Agreement.
35. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data, and other evidence relating to this
Grant Agreement and performance of the services described herein, including, but not limited to,
accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs
of any nature expended in the performance of this Grant Agreement.
GRANTEE shall retain such records for a period of 6 years following the date of final payment. At no
additional cost, these records, including materials generated under the Grant Agreement, shall be
subject at all reasonable times to inspection, review, or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation, or agreement.
If any litigation, Claim, or audit is started before the expiration of the 6 year period, the records shall
be retained until all litigation, Claims, or audit findings involving the records have been resolved.
36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue. Nonprofit and for-profit businesses must also be registered with the Washington
Secretary of State and current with all required filings.
37. RIGHT OF INSPECTION
25
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or
any of its officers, or to any other authorized agent or official of the State of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Grant Agreement. At no additional cost, the GRANTEE shall also
provide any documents related to this Grant Agreement to COMMERCE upon request to assist
COMMERCE in the periodic monitoring of this Grant Agreement.
38. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant Agreement and prior to normal completion, COMMERCE may
terminate the Grant Agreement under the "Termination for Convenience" clause, without the 10
calendar day notice requirement. In lieu of termination, the Grant Agreement may be amended to
reflect the new funding limitations and conditions.
39. SEVERABILITY
The provisions of this Grant Agreement are intended to be severable. If any term or provision is illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the Grant Agreement.
40. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, and/or
subgrantees/subcontractors shall conform in all respects with physical, fire, and other security policies
or regulations.
41. SUBGRANTING/SUBCONTRACTING
A. GRANTEE must execute binding agreements with all subgrantees/subcontractors that will
perform work under this Grant Agreement.
B. GRANTEE must ensure that any and all subgrantees/subcontractors that perform work related to
this Project are duly authorized and licensed in Washington State to perform the work
contemplated by this Grant Agreement.
C. Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts
for any of the work associated with the Project contemplated under this Grant Agreement without
obtaining prior written approval of COMMERCE. In no event shall the existence of the
subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE
for any breach in the performance of the GRANTEE’s duties. This clause does not include grants
of employment between the GRANTEE and personnel assigned to perform work associated with
the Project under this Grant Agreement.
D. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances, and
certifications set forth in this Grant Agreement are carried forward to any subgrants/subcontracts.
Every subgrant/subcontract shall include a term that COMMERCE and the State of Washington
are not liable for Claims or damages arising from a subgrantee’s/subcontractor’s performance of
the subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release,
divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal
information without the express written consent of COMMERCE or as provided by law.
E. Data Collection - GRANTEE will submit reports, in a form and format to be provided by
COMMERCE and at intervals as agreed by the parties, regarding work under this Grant
26
Agreement performed by subgrantees/subcontractors and the portion of grant funds expended for
work performed by subgrantees/subcontractors, including, but not necessarily limited to, minority-
owned, woman-owned, and veteran-owned business subgrantees/ subcontractors.
F. The GRANTEE shall maintain written procedures related to subgrantees/subcontractors as well
as copies of all subgrants and subcontracts and associated records. For cause, COMMERCE in
writing may: (a) require the GRANTEE to amend its procedures for subgrantees/subcontractors
as they relate to this Grant Agreement; (b) prohibit the GRANTEE from hiring
subgrantees/subcontractors with a particular person or entity; or (c) require the GRANTEE to
rescind or amend a subgrant or subcontract.
G. The GRANTEE is responsible to COMMERCE if the subgrantee/subcontractor fails to comply
with any applicable term or condition of this Grant Agreement. The GRANTEE shall appropriately
monitor the activities of the subgrantee/subcontractor to assure fiscal conditions of this Grant
Agreement. In no event shall the existence of a subgrant or subcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE’s duties.
H. Every subgrantee/subcontractor shall include a term that COMMERCE and the State are not
liable for claims or damages arising from a subgrantee’s/subcontractor’s performance of the
subgrant or subcontract.
42. SURVIVAL
The terms, conditions, and warranties contained in this Grant Agreement that by their sense and
context are intended to survive the completion of the performance, cancellation, or termination of this
Grant Agreement shall so survive including, without limitation, any Recapture provision in this Grant
Agreement.
43. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
income or gross receipts, and/or any other taxes, insurance, or expenses for the GRANTEE or its
staff shall be the sole responsibility of the GRANTEE.
44. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant Agreement in a timely manner, COMMERCE has the right to suspend or terminate this Grant
Agreement. Before suspending or terminating the Grant Agreement, COMMERCE shall notify the
GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30
calendar days, the Grant Agreement may be terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant Agreement and the
replacement or cover Grant Agreement and all administrative costs directly related to the replacement
Grant Agreement (e.g., cost of the competitive bidding, mailing, advertising and staff time).
COMMERCE reserves the right to suspend all or part of the Grant Agreement, withhold further
payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation
of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant Agreement. A termination shall be deemed a “Termination for
Convenience” under General Terms and Conditions Section 45 (Termination for Convenience) if it is
27
determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant Agreement are not exclusive and are
in addition to any other rights and remedies provided by law.
45. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant Agreement, COMMERCE may, by 10 business days
written notice, beginning on the second day after written notice is sent, terminate or suspend this
Grant Agreement, in whole or in part. If this Grant Agreement is so terminated or suspended,
COMMERCE shall be liable only for payment required under the terms of this Grant Agreement for
services rendered or goods delivered prior to the effective date of termination or suspension.
46. TERMINATION OR SUSPENSION FOR LOSS OR REDUCTION OF FUNDING
The Washington State Constitution Article 8 Section 4 and RCW 43.88.130 and RCW 43.88.290
prohibit the expenditure or commitment of state funds in the absence of appropriation. In the event
that funding or appropriation is not available at the time the request for reimbursement and supporting
documentation are submitted, the issuance of payments will be delayed or suspended until such time
as funds or appropriation become available. If funding does not become available within a reasonable
time, COMMERCE may terminate the Grant Agreement, by notice to the GRANTEE Representative.
Termination shall be effective as of the date of suspension.
If the Grant Agreement amount is not fully drawn down and should the Washington State Legislature
fail to enact a budget appropriating funds to fulfill the contractual obligation outlined in this Grant
Agreement by midnight of June 30 of each odd-number year, the GRANTEE shall immediately
suspend all reimbursable work under this Grant Agreement and take all reasonable steps necessary
to minimize the cost of performance directly attributable to such suspension until the suspension is
cancelled. COMMERCE shall notify the GRANTEE immediately upon the lifting of the suspension.
Further, should there be any loss or suspension of federal funding that supports this Grant
Agreement, the Grant Agreement may be immediately suspended by COMMERCE upon notice to the
GRANTEE. Should federal funding that supports this Grant Agreement be terminated, this Grant
Agreement and all obligations, including payment for work done under this Grant Agreement, will be
terminated as of the date of the termination of the federal funding.
Payment for any work done on the Grant Agreement prior to the loss of funding shall be done in
accordance with the requirements of the funding source.
47. TERMINATION PROCEDURES
Upon termination of this Grant Agreement, COMMERCE, in addition to any other rights provided in
this Grant Agreement, may require the GRANTEE to deliver to COMMERCE any property specifically
produced or acquired for the performance of such part of this Grant Agreement as has been
terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant
Agreement. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
28
Authorized Representative determines to be necessary to protect COMMERCE against potential loss
or liability.
The rights and remedies of COMMERCE provided in this Section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the GRANTEE shall:
1) Stop work under the Grant Agreement on the date, and to the extent specified, in the notice;
2) Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant Agreement that is
not terminated;
3) Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the GRANTEE under the orders and
subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion,
to settle or pay any or all Claims arising out of the termination of such orders and
subgrants/subcontracts;
4) Settle all outstanding liabilities and all Claims arising out of such termination of orders and
subgrants/subcontracts, with the approval or ratification of the Authorized Representative to the
extent the Authorized Representative may require, which approval or ratification shall be final for
all the purposes of this clause;
5) Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the Grant Agreement had been
completed, would have been required to be furnished to COMMERCE;
6) Complete performance of such part of the work associated with the Project as shall not have
been terminated by the Authorized Representative; and
7) Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant Agreement, which is in the
possession of the GRANTEE and in which COMMERCE has or may acquire an interest.
48. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant Agreement, shall pass to and vest in COMMERCE upon delivery
of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant Agreement, shall pass to and vest in COMMERCE upon (i) issuance for
use of such property in the performance of this Grant Agreement, or (ii) commencement of use of
such property in the performance of this Grant Agreement, or (iii) reimbursement of the cost thereof
by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant Agreement.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant Agreement
29
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents
or subgrantees/subcontractors.
49. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant Agreement
unless stated to be such in writing and signed by Authorized Representative of COMMERCE.
30
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant shall be used by City of Bremerton for the completion of the Kitsap Lake
Park Accessibility Improvements Project located at 1978 Price Rd NW, Bremerton, WA 98312.
This Project will include, but not be limited to, installation of an automatic irrigation system, hydroseeding,
landscape planting, and the purchase and installation of a new accessible children’s playground. This is
the final part of an overall process that replaced the boat ramp and fishing dock, installed a new roof and
picnic shelter, added parking, re-graded and replaced pathways, and improved seating.
This Project will serve as a benefit to the public by making the only freshwater lake within Bremerton city
limits accessible for year-round fishing, and greatly improved facilities including a safe and enjoyable
playground area for children.
This Project is anticipated to be completed by June 30, 2026.
Costs related to the work associated with the Project will only be reimbursed to the extent the work is
determined by COMMERCE to be within the scope of the legislative appropriation.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
31
ATTACHMENT B - PROJECT BUDGET
Line Item Funding Amount
Construction $1,305,370.00
Total Project Budget $1,305,370.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
______________________________________
GRANTEE
______________________________________
TITLE
______________________________________
DATE
32
ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Non-State Funds Amount
RCO Boating Facilities Grant $556,000.00
RCO Aquatic Lands Enhancement Account Grant $438,000.00
Total Non-State Funds $994,000.00
State Funds Amount
State Capital Budget $311,370.00
Total Non-State and State Funds $1,305,370.00
Holdback: 5% $15,569.00
Project Reimbursement Rate 100%
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that Project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project and shall make
such records available for COMMERCE’s review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
______________________________________
DATE
33
ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subgrantees/subcontractors performing
work on the Project shall comply with prevailing wage laws set forth in RCW 39.12, as applicable on the
date the Project appropriation becomes effective, including but not limited to the filing of the “Statement of
Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The
GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such
records available for COMMERCE’s review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
______________________________________
DATE
34
ATTACHMENT E - CERTIFICATION OF LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN
(LEED)
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
NOT APPLICABLE
______________________________________
GRANTEE
______________________________________
TITLE
______________________________________
DATE
$556,200.00
$438,200.00
$10,000.00
$252,840.00
$46,883.00
$100,000.00
$300,000.00
$311,581.00
$2,015,704.00
$2,121,704.00
BALANCE -$106,000.00
$15,000.00
$311,370.00
$326,370.00
ADDITIONAL FUNDING RECEIVED $326,370.00
PROJECT BALANCE -$106,000.00
REET NEEDS REDUCED $220,370.00
ORIGINAL BUDGET (2024)
2025-27 DOC GRANT
KITSAP LAKE PARK RENOVATION PROJECT BUDGET SUMMARY
RCO BFP GRANT
RCO ALEA GRANT
BREMERTON PARKS FOUNDATION DONATION
2021-23 DOC GRANT
CDBG
PW&U STORMWATER FUND
REET
TOTAL BUDGET NEEDED TO COMPLETE PROJECT
BREMERTON PARKS FOUNDATION DONATION
ADDITIONAL FUNDING RECEIVED IN 2026
ADDITIONAL REET APPROVED AT 7/3/24 CM
ATTACHMENT 2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
Contract Modification No. 5 with HDR
Engineering, Inc. for the 6th Street Active
Transportation Project; and related Budget
Adjustment
COUNCIL MEETING Date: March 4, 2026
Department: PW&U-Engineering
Presenter: Nick Ataie
Phone: (360) 473-2306
SUMMARY:
The 2026 – 2031 Capital Improvement Plan includes funding for design and construction of active
transportation and safety improvements on the 6th Street corridor. The scope of work consists of a
roadway re-channelization including the addition of continuous bike lanes between 11th Street and
Washington Ave. Contract Modification (CM) #5 with HDR Engineering includes engineering design
services anticipated through construction based on identification of a preferred concept design. The
current contract amount, including all previous amendments is not to exceed $318,236.22. CM #5
includes additional compensation negotiated in the amount of $386,135.00 for a new total amended
contract amount not to exceed $704,371.22. With approval of this CM, remaining design services
would begin immediately and project construction would occur in 2027.
ATTACHMENTS:
1. Project Location Map
2. Contract Modification Agreement No. 5
3. Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount):
The 2026 Transportation Capital Fund will need to be increased by $150,000. The funding source for
the increase is Real Estate Excise Tax (REET).
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Contract Modification No. 5 with HDR Engineering, Inc. for the 6th Street Active
Transportation Project; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented; and further authorize a budget adjustment
to increase the Transportation Capital Fund by $150,000.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A7
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WARRENAVENUEBRGMANETTE
BRG
WDFW Habitat Program
CITY OF BREMERTON
DEPARTMENT OF PUBLIC WORKS & UTILITIES
ENGINEERING DIVISION
DATE: 6/3/2024
345 6th Street, Suite 100 | Bremerton, WA | 98337-1891
6TH STREET ACTIVE TRANSPORTATION
IMPROVEMENT PROJECT
City Project #315060
Project Location
PROJECT LOCATION MAP
Page 1 of 2
Contract Modification 005 – 6th Street Active Transportation Improvement Project (Contract # 6735)
Rev. 09/2021
CONTRACT MODIFICATION AGREEMENT NO. 005
TO CITY CONTRACT # 6735
BETWEEN THE CITY OF BREMERTON AND
HDR ENGINEERING, INC.
PROJECT: 6th Street Active Transportation Improvement Project
CONSULTANT: HDR Engineering, Inc. (HDR)
DATE: March 4, 2026
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the
City of Bremerton and HDR Engineering, Inc. on July 15, 2024.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section I. Scope , is modified as follows:
As amended under “Exhibit A-1” (Scope of Work, Amendment 5)
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement
within nineteen (19) months from the effective date of this agreement.
Section III. Compensation , is modified as follows:
The original contract amount was not to exceed $191,751.00. The current contract amount,
including all previous amendments is not to exceed $318,236.22. Contract Modification
Agreement No. 005 includes additional compensation in the amount of $386,135.00 as
provided under “Exhibit C-1” for a total amended contract amount not to exceed
$704,371.22.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
Page 2 of 2
Contract Modification 005 – 6th Street Active Transportation Improvement Project (Contract # 6735)
Rev. 09/2021
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs
and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
City Engineer / Public Works Director approved to process _________________________ (Initials and Date)
CONSULTANT THE CITY OF BREMERTON
By: By:
Print Name: Print Name: Greg Wheeler________
Its: Its: Mayor_____________________
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Robert Acevedo, PE, PTOE Nick Ataie, PE
Project Manager Project Manager
HDR Engineering, Inc. City of Bremerton Engineering Dept.
500 108th Avenue NE, Suite 1200 345 6th Street, Suite 100
Bellevue, WA 98004-5549 Bremerton, WA 98337-1891
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx
Ned Lever
Digitally signed by Ned Lever
DN: C=US, E=ned.lever@ci.bremerton.wa.us,
O=City of Bremerton, OU=Engineering Division,
CN=Ned Lever
Reason: I am approving this document
Date: 2026.02.13 11:45:02-08'00'
EXHIBIT A-1
Scope of Work - Amendment 5
Bremerton / HDR Engineering, Inc
6th Street Active Transportation Improvement Project
City Project # 315060
6th Street ATI Project i Scope of Work
6th Street Active Transportation
Improvements Project
(E 11th St/Kitsap Way to Washington Ave)
City of Bremerton
Scope of Work
Amendment 5
February 2026
6th Street ATI Project ii Scope of Work
Table of Contents
Anticipated Project Implementation Schedule ........................................................... 1
Contract Duration and Amendment Services Summary ............................................ 1
Proposed Improvements .............................................................................................. 1
Major Milestone Schedule ............................................................................................ 2
Project Assumptions .................................................................................................... 2
Design Standards and References .............................................................................. 3
Task 1 Project Management ......................................................................................... 3
Task 2 Quality Assurance / Quality Control ................................................................ 4
Task 3 Data Collection / Review of Existing Information ........................................... 4
Task 4 Public and Stakeholder Involvement ............................................................... 5
Task 5 Alternatives Development ................................................................................ 5
Task 6 Preliminary Engineering ................................................................................... 5
Task 7 Design Report .................................................................................................... 5
Task 8 Management Reserve Fund (MRF) .................................................................. 6
Task 9 30% Design ........................................................................................................ 6
Task 9.1 Engineer’s Opinion of Cost .................................................................................... 7
Task 9.2 Site Preparation ..................................................................................................... 7
Task 9.3 Pavement Marking & Signing ................................................................................. 7
Task 9.4 Pedestrian / Bicycle Intersection Design ................................................................ 7
Task 9.5 Signal Design ........................................................................................................ 7
Task 9.6 Traffic Control ........................................................................................................ 8
Task 9.7 30% Submittal ....................................................................................................... 9
Task 9.8 30% Specifications ................................................................................................ 9
Task 10 Final Design – PS&E ..................................................................................... 10
Task 10.1 Traffic Control .....................................................................................................10
Task 10.2 Site Prep, Paving & Grading Plans .....................................................................10
Task 10.3 90% Submittal ....................................................................................................11
Task 10.4 90% Specifications .............................................................................................11
Task 10.5 90% Engineer’s Opinion of Cost .........................................................................11
Task 10.6 100% Submittal...................................................................................................12
Task 10.7 100% Specifications ...........................................................................................12
Task 10.8 100% Engineer’s Opinion of Cost .......................................................................12
Task 11 Signal Timing ................................................................................................. 12
Task 12 Street Lighting Analysis ............................................................................... 13
6th Street ATI Project iii Scope of Work
Task 13 Bidding Phase Assistance ........................................................................... 14
Task 14 Design Support During Construction .......................................................... 14
6th Street ATI Project 1 Scope of Work
SCOPE OF WORK
HDR Engineering, Inc. (CONSULTANT) will provide design services to the City of Bremerton
(CITY) for the Project known as 6th Street Active Transportation Improvements (ATI) Project
(PROJECT). This Scope of Services document (SCOPE) shall be used to plan and conduct the
work on the PROJECT as described herein or as amended by written Agreement between the
CONSULTANT and CITY.
Anticipated Project Implementation Schedule
The Project is included in the CITY Capital Improvement Plan (CIP) and includes local capital
funds and grant funding secured through 2025-2027 WSDOT Pedestrian and Bicycle Grant
Program. A concept design phase has been previously completed in 2024 and 2025, and this
amended scope of work includes remaining anticipated project engineering services through
project construction which is anticipated to occur in 2027.
Contract Duration and Amendment Services Summary
The overall project duration, including the construction phase, is anticipated to extend into 2027,
subject to the actual construction schedule. Contract Amendment No. 5 includes design
services to advance the recommended alternative through final design, including preparation of
plans, specifications, and a construction opinion of probable construction cost (OPCC). In
addition, this amendment includes services to review and develop updated signal timings for all
signalized intersections within the project limits and to analyze street lighting at proposed
enhanced pedestrian crossings.
The scope of work under Contract Amendment No. 5 is anticipated to be completed over an
approximately 19-month duration, commencing upon the CITY’s issuance of the Notice to
Proceed, currently anticipated in March 2026 and carrying through estimated construction
completion in October 2027. Substantial completion of this scope of work, including engineering
services prior to construction, is expected to occur in 2026.
Proposed Improvements
Proposed Improvements for 6th Street are anticipated to include the following as identified in the
Recommended Design Exhibit (“Recommended Design”) developed by the CONSULTANT in
December 2025:
• Implementation of roadway re-channelization along the project limits.
o Reduction and/or re-configuration of existing vehicle travel lanes and on-street
parking in each direction.
o Providing a center vehicle two-way left-turn lane and/or vehicle turn lanes at
intersections (11th St to Warren Ave).
o Providing continuous on-street bike lanes with bicycle pavement markings in
each direction including marked buffers and/or pre-manufactured vertical
elements at specific locations previously identified.
o Updated intersection channelization including proposed bike facilities, turning
lanes, transit access, and pedestrian access.
6th Street ATI Project 2 Scope of Work
• Minor spot modification of curb, gutter, and sidewalk where required to facilitate the
proposed roadway re-channelization. No widening or narrowing of existing curb-to-curb
street width is proposed, except as noted below.
• Repurposing of the indented on-street parking spaces west of Washington Ave, which
may include sidewalk widening and narrowing of the existing curb-to-curb street width.
• Spot pedestrian crossing enhancements including installation of Rectangular Rapid
Flashing Beacon (RRFB) crossings with integrated overhead lighting and center median
treatments.
• Traffic signal equipment modifications to accommodate the proposed roadway re-
channelization.
• Signal timing optimization at signalized intersections including provisions for bicycles
and pedestrians as determined based on evaluation.
• Right turn on red prohibition where required, or otherwise justified, for safe and effective
operation of the traffic signal systems.
Major Milestone Schedule
The following are the anticipated major schedule milestones for the project (Amendment 5):
Notice to Proceed March 2026
30% Design Submittal July 2026
90% Design Submittal October 2026
100% Design Submittal November 2026
Bid Phase December 2026 – March 2027
Award Phase March 2027
Construction Phase April 2027 – October 2027
Project Assumptions
1. The scope of work assumes there will be no work performed outside of the existing right-of-
way and no right-of-way services are provided as part of this scope.
2. This scope does not assume significant environmental services are required. Scope
provides hours for review of CITY compiled SEPA documentation with assumption that the
project qualifies for SEPA categorical exclusion. CITY to lead/coordinate Washington State
Department of Archaeology & Historic Preservation (DAHP) review, and concurrency as
required under Executive Order 21-02 related to archaeological and cultural resources.
3. This scope accounts for collection of limited additional topographic surveys for fill in at
locations where existing survey data is not available from the CITY or is outdated. These
locations are based on locations where civil construction is required. Specific locations are
defined under Task 3. Full corridor survey is not included in this scope. The CITY-provided
surveys will be used as the base file for design, with a common construction alignment
between surveys.
6th Street ATI Project 3 Scope of Work
4. Design files previously provided by the CITY for previous 6th Street pavement preservation
project phases and the Washington Street project are considered a true and accurate
representation of the as-built conditions.
5. Utility locates will be performed at specific locations, identified in the attached exhibit as
part of this scope of work. Utilities will be documented as part of the survey base layer.
Design Standards and References
The Amendment modifies the following to update to the latest edition, amendments, and
revisions (as of execution of this AGREEMENT) of the following publications, where applicable,
including:
State Publications:
2026 Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10)
2024 Department of Ecology Stormwater Management Manual for Western Washington
American Association of State Highway and Transportation Officials (AASHTO):
Guide for the Development of Bicycle Facilities, 2024, 5th Edition.
Other Publications:
Urban Bikeway Design Guide, NACTO; 2025, 3rd Edition
It shall be the responsibility of the CONSULTANT to obtain copies of county, state, AASHTO
and other publications. Works shall be prepared in English units and performed in accordance
with the procedures and requirements set forth in the latest editions (excluding metric editions),
amendments and revisions of each publication.
The CONSULTANT shall determine the applicable design standards and/or design best
practices for the project as approved by the CITY. Design elements that do not meet the
applicable design standards and/or best practices shall be identified and communicated to the
CITY. The CONSULTANT shall follow the CITY’s guidelines in documenting Design Variances
and maximum extent feasible (MEF) design documentation.
Task 1 Project Management
Task 1 is modified to include additional time for project manager and accountant to execute the
amendment, update project budget, billings, manage subconsultants, and invoicing throughout
the life of the contract.
Task 1 Assumptions:
1. 28 bi-weekly progress meetings held virtually.
2. All other meetings will be attended by CONSULTANT, project manager and appropriate
support staff as necessary and assumed virtually.
3. The CONSULTANT will be responsible for exhibits and presentations for the PROJECT
team meetings as needed.
4. A contract amendment kickoff meeting will be attended by the CONSULTANT, project
manager, and up to three (3) discipline leads. Other staff may participate via conference
call. This meeting will replace one of the bi-weekly meetings.
6th Street ATI Project 4 Scope of Work
5. Up to two (2) schedule updates will be prepared (at 30% and 90% deliverables or as
requested by the CITY)
6. Earned Value update to be provided with monthly invoicing.
7. This scope includes up to 16 monthly invoices. Invoices may include billing periods which
exceed one month during inactive periods by the CONSULTANT.
Task 1 Deliverable(s):
1. Project Meeting, Agenda and Minutes.
2. Monthly Progress Reports, Invoices, Meeting Minutes, Action Items and Meeting Agendas.
3. Project schedule updates 2.
Task 2 Quality Assurance / Quality Control
Task 2 is modified to add additional QA/QC effort for submittal review for each of the below
design submittals.
• 30% Plans, Design Report and OPCC
• Review of CITY compiled Environmental Documentation
• 90% Plans, Design Report, Specifications, and OPCC
• 100% Bid Plans, Design Report, Specifications, and OPCC
Task 2 Deliverables:
1. Comments on Compiled Environmental Documents
Task 3 Data Collection / Review of Existing Information
Task 3 is modified to include feature and level survey data (detail provided in attached scope of
work) for spot locations that require hardscaped works as identified in the recommended design.
Feature and level survey will also be obtained for the east end of the project corridor (east of
Pacific Ave) where no feature and level survey basemap exists or is outdated.
The CONSULTANT will engage Atlas Technical Consultants, LLC to undertake the feature and
level survey at these locations, scope, fee, and survey exhibits attached.
These locations include:
o Olympic Ave RRFB Crossing
o Hewitt Ave RRFB Crossing
o Chester Ave RRFB Crossing
o 6th St ADA Parking Stalls (west of Pacific Ave; north & south side)
o Project corridor (full width) east of Pacific Ave, including the on-street parking
stalls (±100 feet west of Washington Ave; south side).
In addition, the CONSULTANT will use a private utility location company to locate underground
utilities (location and depth) in the vicinity of the desired RRFB foundation locations. A private
utility location service will use Ground Penetrating Radar (GPR) to identify the depth and
approximate size of underground utilities for the areas shown in Exhibit. Exhibits and scope
attached.
6th Street ATI Project 5 Scope of Work
These locations include:
o Olympic Ave (beneath north side and south side sidewalk)
o Hewitt Ave (beneath north side and south side sidewalk, drainage catch basin
invert level, drainpipe size and invert level).
o Chester Ave (beneath north side and south side sidewalk).
The CONSULTANT will review the above survey and utility information as part of this task and
incorporate into project Basefile.
The CONSULTANT will also review recent signal retiming information along the Kitsap Way and
Warren Ave corridors provided by the CITY as part of Task 11.
Task 3 Deliverables:
1. Feature and Level Survey (CAD) file
2. Underground utility locations (CAD) file
Task 4 Public and Stakeholder Involvement
Task 4 is modified to include additional limited support for public outreach. This support is
restricted to reviewing and providing technical data and summary materials previously
developed as part of the alternatives analysis and supporting CITY-developed content for
updates to the project website.
Task 4 Assumption(s):
1. No new outreach materials, public meetings, or independent content development are
included under this task.
2. Limited to review of updated material and coordination for items being added by the CITY to
the CITY hosted and maintained project website. Estimate of effort is limited to not to
exceed 20 hours for this task.
Task 4 Deliverable(s):
No deliverables are identified for this task
Task 5 Alternatives Development
No change to this task from original scope
Task 6 Preliminary Engineering
No change to this task from original scope
Task 7 Design Report
Prepare a Design Report documenting the design development process at each submittal
milestone, including the 30%, 90%, and 100% design stages. The report will summarize key
design assumptions, design criteria, design deviations, and major design decisions, including a
decision log tracking changes and refinements between submittals. The Design Report will also
document evaluated design options and potential uses of remaining project funding, informed by
the OPCC developed at each design stage.
6th Street ATI Project 6 Scope of Work
Task 7 Assumption(s):
1. The Design Report documents the design development process, key design decisions, and
changes between the 30%, 90%, and 100% design submittals.
2. The Design Report serves as a record of decisions and is not a substitute for construction
plans, specifications, or contract documents.
3. The Design Report is intended to support CITY review, internal decision-making, and project
documentation only. The design report shall include items to support CITY review of non-
visible design parameters including sight distance, turning paths and turning radii for
example.
4. The Design Report documents alternatives and options previously evaluated as part of
project development; no new alternatives analysis or re-evaluation of eliminated alternatives
will be performed.
5. Options related to potential use of remaining project funding are conceptual in nature and
based on previously developed cost estimates.
6. Cost information is based on engineer’s estimates prepared at the 30%, 90%, and 100%
design stages and does not represent contractor bids or guaranteed construction costs.
7. The Design Report includes a design decision log documenting material changes between
design stages and the rationale for those changes; minor drafting or detailing refinements
may not be individually documented.
8. No independent cost validation, value engineering, or cost risk analysis beyond that
included in the design process is included.
9. The Design Report reflects design decisions resulting from coordination with the CITY and
required agencies conducted as part of the design process; no environmental
documentation is included.
10. The Design Report does not include additional agency meetings, public outreach, or
stakeholder coordination beyond the defined project scope.
Task 7 Deliverable(s):
1. One draft and final Design Report at each design submittal (30/90/100) (PDF).
Task 8 Management Reserve Fund (MRF)
This amendment adds additional Management Reserved Fund (MRF) to the contract.
MRF is to be utilized only for unforeseen added work that is not included in this AGREEMENT.
The CONSULTANT will obtain written authorization from the CITY prior to doing any work under
MRF. CONSULTANT compensation for work done under MRF must be approved by the CITY
prior to doing the work.
Task 9 30% Design
CONSULTANT will advance the recommended design from the work previously completed
under Task 6 (Preliminary Engineering) of the PROJECT. The Preliminary Engineering effort
established the PROJECT footprint for roadway improvements, basic channelization,
conceptual design for bicycle facilities and parking needs.
6th Street ATI Project 7 Scope of Work
Task 9.1 Engineer’s Opinion of Cost
The CONSULTANT’s OPCC and backup calculations (including quantity takeoff sheets),
showing assumptions made in determining quantities for each bid item, will be developed by the
CONSULTANT. Backup calculations will specifically include items measured by the appropriate
unit. The OPCC will include an itemized list in tabular form, describing; section, item, and
number of units (quantity), estimated unit costs, and total cost, with the understanding that any
cost opinion or OPCC provided by the CONSULTANT will be based on experience and
judgment and will be appropriate for the level of design. The estimate shall be prepared using
WSDOT standard bid/pay items unless special provisions are identified.
Task 9.2 Site Preparation
CONSULTANT will define the site prep and demolition activities, including items to be
abandoned, salvaged, recycled or removed, and identify facilities that need to be protected
during construction. Site Prep plans will include surface feature items, such as pavements (by
type), sidewalk, curbs, walls, and miscellaneous structures. Demolition required for utilities,
drainage features, signing, signalization and illumination will not be included in these drawings
and will be shown on the relevant discipline drawings.
Task 9.3 Pavement Marking & Signing
CONSULTANT will prepare plans for the channelization, including lane and edge stripes, stop
bars, pavement markings, crosswalks, and geometry of striped medians and turn pockets.
Limits of channelization will match into existing striping. The 30% plans shall include stationing,
cross sectional dimensions, taper rates and radii values for CITY review.
CONSULTANT will prepare signing plans that show the location of existing signs to be removed
and existing signs to remain, new signs and associated sign design details. Signing will
conform to the current edition of the MUTCD and the CITY’S signing guidelines.
Task 9.4 Pedestrian / Bicycle Intersection Design
Based on the pedestrian and bicycle design work completed during the preliminary design
phase, the CONSULTANT will develop intersection channelization plans detailing the widths of
key intersection features, including sidewalks, crosswalks, and bicycle channelization. This input
will be provided in one or more of the following forms: design comments for incorporation into
the paving and pavement marking plan sets, creation of project-specific detail sheets, or
development of special project specifications.
Task 9.5 Signal Design
The CONSULTANT will design, calculate, and document signal system modifications at up to
seven (7) locations. These modifications will include signal head location adjustments, detection
equipment adjustments, and/or bicycle signal indications where determined. Additionally, the
CONSULTANT will further design up to three (3) rectangular rapid flashing beacon (RRFB)
pedestrian crossings.
This process will include the CONSULTANT coordinating with the CITY signal technician to
establish the extent of signal system upgrades at each location. This includes establishing
available conduit capacity and detection system requirements at each location.
Utility information collected under Task 3 will inform the design of the RRFB systems.
6th Street ATI Project 8 Scope of Work
Signals:
1. Callow Ave
2. Montgomery Ave
3. Naval Ave
4. Veneta Ave
5. Warren Ave
6. Park Ave
7. Washington Ave
RRFB:
1. Olympic Ave
2. Hewitt Ave
3. Chester Ave
Task 9.6 Traffic Control
CONSULTANT will develop project specific traffic control narratives and contractor
requirements. The 30% submittal will include one sheet for each of the general notes and
legend, construction sequencing flow diagram and typical cross sections for each stage.
6th Street ATI Project 9 Scope of Work
Task 9.7 30% Submittal
CONSULTANT to prepare 30% design level plans for review by the CITY.
The anticipated sheet list for 30% design includes:
Submittal Sheet List for 30% Design # Sheets Included
Sheet Description 30%
Cover Sheet with Vicinity Map and Index 1
Legend, General Notes, Abbreviations, and Project Key Map 2
Roadway Typical Sections 2
Alignment & Typical Sections 20
Site Preparation -
Paving Plan -
Curb Ramp & Refuge Grading Plans -
Channelization Plans 20
Channelization Details 2
Signing Plans 20
Signing Schedule and Details 4
Traffic Signal Plan, Schedule and Details 4
RRFB Plan 3
Traffic Control Notes & Legend 1
Traffic Control Sequence Flow Diagram 1
Traffic Control Typical Cross Sections 1
Traffic Control Plan -
Total # Sheets 81
Task 9.8 30% Specifications
The CITY will supply the CONSULTANT with the current version of the CITY’s Special
Provisions if applicable. The CONSULTANT will draft an outline spec run list only for this
deliverable. This shall be a list of anticipated WSDOT Special Provisions, CITY Special
Provisions and anticipated Project Specific Special Provisions and their title descriptions.
Task 9 Assumption(s):
1. General Construction Notes will be provided for this submittal.
2. Details, schedules, and wiring diagrams will not be provided at this submittal.
3. Existing signs to be inventoried as part of design process. Sign reflection testing is not
included in this scope.
4. Design rational report documenting design criteria and standards deviations to be included
with deliverable.
5. This scope does not include effort for new street lighting design along the project corridor
except at RRFB locations which may include integrated lighting. Task 12 includes analysis
of lighting at proposed enhanced crossing locations.
6th Street ATI Project 10 Scope of Work
6. Scope assumes no impact to existing drainage systems or drainage design, outside of minor
drainage modifications at the Olympic Ave RRFB, which will be designed and documented
under Task 10.
7. Minor sidewalk design is to account for sidewalk design and repair associated with the
enhanced pedestrian crossings or reconfiguration of on-street parking.
8. Scope assumes only a draft specifications outline at this deliverable, limited to a run-list list
of WSDOT Special Provisions, CITY Special Provisions and anticipated Project Specific
Special Provisions. Full spec to be developed and compiled under Task 10.
9. Scope assumes no impacts to existing underground utilities or surface utility features.
Where identified under Task 3, the design will be modified as far as practical to avoid impact
on any underground utilities. In the event an impact to an underground utility is unavoidable,
the appropriate action will be discussed and agreed with the CITY prior to proceeding.
10. Scope assumes no redesign of driveways along the corridor. If determined to be impacted
by directly adjacent proposed curb ramp improvements will be discussed and agreed with
the CITY prior to proceeding.
11. Scope assumes no modifications to existing signals at Kitsap Way / 11th Street, 6th Street /
Wycoff Avenue, and 6th Street / High Avenue (HAWK Signal). Field adjustments to existing
radar signal detection and implementation of Leading Pedestrian Intervals (LPI) will be
performed by the CITY and is excluded from this scope of work.
12. Scope assumes one round of consolidated comments via Bluebeam session on the 30%
deliverables will be provided by the CITY.
Task 9 Deliverable(s):
1. 30% Drawing Package (PDF)
2. 30% Spec list (PDF)
3. 30% OPCC (EXCEL & PDF)
Task 10 Final Design – PS&E
The CONSULTANT will follow the guidelines set forth in the CITY’s Design Standards when
preparing the 90% and 100% plans, specifications, and OPCC.
CONSULTANT will advance the design to 90% plans based on input from CITY provided
comments of the 30% design plans.
Task 10.1 Traffic Control
CONSULTANT will develop project specific traffic control plans to meet WSDOT LAG Manual
requirements. These plans will include details for typical closures and detours needed on the
project. Specific locations will not be denoted on the plans; however, all traffic control scenarios
will be noted including lane closures and/or shifts. It is assumed that up to two (2) unique traffic
control plans, and three (3) typical details will be required.
Task 10.2 Site Prep, Paving & Grading Plans
CONSULTANT will prepare site prep, paving and grading plans that show the details of civil
works associated with RRFB crossings and other minor works as identified in the recommended
design. This will include details of curbs, curb ramps, medians, road pavements, sidewalks and
6th Street ATI Project 11 Scope of Work
other minor works as identified in the recommended design. These plans will also detail minor
drainage modifications identified at the Olympic Ave RRFB crossing.
Task 10.3 90% Submittal
CONSULTANT will use the 30% design plans and progress to the 90% design and plan level.
The CONSULTANT will take into consideration the 30% design review comments from the CITY
while advancing to the 90% level.
Submittal Sheet List for 90% and 100% Design # Sheets Included
Sheet Description 90% 100%
Cover Sheet with Vicinity Map and Index 1 1
Legend, General Notes, Abbreviations, and Project Key Map 2 2
Roadway Typical Sections 2 2
Alignment & Typical Sections 20 20
Site Preparation 20 20
Paving Plan 4 4
Paving Details 1 1
Curb Ramp & Refuge Grading Plans 4 4
Channelization Plans 20 20
Channelization Details 2 2
Signing Plans 20 20
Signing Schedule and Details 2 2
Traffic Signal Plan, Schedule and Details 6 6
RRFB Plan 6 6
Traffic Control Notes & Legend 1 1
Traffic Control Sequence Flow Diagram 1 1
Traffic Control Typical Cross Sections 2 2
Traffic Control Plan 20 20
Total # Sheets 134 134
Task 10.4 90% Specifications
The CONSULTANT will compile project specifications to match the 90% design level and
incorporate CITY comments received. These will be based on the 2026 version of the WSDOT
Standard Specifications and any applicable special provisions. This deliverable will include a
comprehensive bid book packaging including required front-end documents.
Task 10.5 90% Engineer’s Opinion of Cost
CONSULTANT’s OPCC and backup calculations (including quantity takeoff sheets), showing
assumptions made in determining quantities for each bid item, will be provided. Engineer’s
OPCC will be updated to match the 90% Design level and incorporate comments received.
6th Street ATI Project 12 Scope of Work
Task 10.6 100% Submittal
CONSULTANT will use the 90% design plans and progress to the 100% design and plan level.
The CONSULTANT will take into consideration the 90% design review comments from the CITY
while advancing to the 100% level.
The CONSULTANT will further develop the 90% plans to a 100% plan level without the addition
of any new sheets.
Task 10.7 100% Specifications
The CONSULTANT will update the project specifications and comprehensive bid book package
to match the 100% design level and incorporate CITY comments received
Task 10.8 100% Engineer’s Opinion of Cost
CONSULTANT’s OPCC and backup calculations (including quantity takeoff sheets), showing
assumptions made in determining quantities for each bid item, will be provided. Engineer’s
OPCC will be updated to match the 100% Design level and incorporate comments received.
Task 10 Assumption(s):
1. The level of effort and fee estimate for this task is based on the number of sheets for each
discipline as shown in the sheet list provided. The sheet list was prepared based on
CONSULTANT’s current knowledge of the project scope and anticipated work elements.
2. CONSULTANT will consult with the CITY prior to developing any sheets if the actual number
of required sheets varies from the original sheet count estimate. If the CITY and
CONSULTANT concur that total number of sheets required to detail the project exceeds the
original estimate, the budget for this task may be amended.
3. Design rational report documenting design criteria and standards deviations to be included
with each deliverable.
4. One round of consolidated CITY review comments via bluebeam session for each submittal
will be returned to the CONSULTANT within 15 working days of submittal.
Task 10 Deliverable(s):
1. 90% Drawing Package (PDF)
2. 90% Specifications and bid book (PDF)
3. 90% OPCC (EXCEL & PDF)
4. 100% Drawing Package (PDF)
5. 100% Specifications and bid book (PDF)
6. 100% OPCC (EXCEL & PDF)
7. Comment Resolution Ledgers (30% & 90%)
Task 11 Signal Timing
The CONSULTANT will utilize the Synchro model developed during Task 5 to generate signal
timing inputs for signals within the project limits. This effort will include the development of up to
four (4) unique time-of-day (TOD) plans—AM peak, midday, PM peak, and free-flow/off-peak
operations.
6th Street ATI Project 13 Scope of Work
As part of this task, the CONSULTANT will analyze existing traffic volumes, turning movement
counts, and pedestrian activity to refine phase splits, cycle lengths, and offsets to optimize
corridor-wide coordination and progression. The CONSULTANT will also review recent signal
retiming implemented along the Warren Ave and Kitsap Way corridors and consider this in the
development of revised signal timing plans. The timing plans will be developed to balance
efficiency for all modes, including general traffic, transit, bicycles, and pedestrians, while
ensuring compliance with agency policies and operational constraints.
The CONSULTANT will conduct a Synchro-based performance assessment of the proposed
timing plans, evaluating key metrics such as delay, queue lengths, and level of service. If
necessary, adjustments will be made to improve operational efficiency and reduce congestion.
The final timing plans will be documented and provided in a format appropriate for agency
implementation, including controller input sheets and coordination parameters. If requested, the
CONSULTANT will also support field deployment and fine-tuning efforts in collaboration with
agency staff.
Task 11 Assumption(s):
1. The scope assumes signal timing review and recommendations at up to eight (8) signals.
This accounts for a holistic view of signal timing along the corridor.
2. Signal coordination will only be taken into account at Wycoff Ave, Callow Ave, and
Montgomery Ave. North/South Coordination at Warren Ave will be taken into account,
however, this scope does not include effort to modify timings at adjacent signals along
Warren Ave.
3. Tube counts (full day duration) and turn movement counts as needed will be collected and
provided by the CITY.
4. Scope does not assume bench testing of new timing plans will be conducted.
5. One round of field review of implemented timings and fine tuning of up to 16 hours of staff
time.
Task 11 Deliverable(s):
1. Draft Timings for Review
2. Final Timings for Implementation
Task 12 Street Lighting Analysis
The CONSULTANT will conduct a limited street lighting analysis focused on the proposed
enhanced crosswalk locations. The CONSULTANT will develop an AGi32 model specific to the
crossing locations to document proposed streetlight levels. The findings will be presented in
photometric exhibits and summarized in a brief memo.
Task 12 Assumption(s):
1. AGi32 modeling to include proposed enhanced RRFB crossings only
2. Existing condition of the lighting along the corridor will not be analyzed.
3. Effort assumes no CITY owned street lighting system along the corridor, except for
integrated lighting on RRFB systems at the proposed crossing locations.
6th Street ATI Project 14 Scope of Work
Task 12 Deliverable(s):
1. Draft and final lighting memo with Exhibits
Task 13 Bidding Phase Assistance
The CONSULTANT will assist the CITY during the advertisement for construction and bidding
phase in order to provide information to prospective bidders to support a competitive bidding
environment.
CONSULTANT will provide written responses to questions and requests for clarifications to the
contract documents submitted to the CITY during the bidding period. Responses will be
provided in Microsoft Word format and submitted to the CITY for inclusion in contract addenda.
CONSULTANT will evaluate Bidder requests for alternative (“or equal”) approvals during the
bidding phase.
CONSULTANT will assist the CITY in preparing bid addenda and a conformed drawing set.
CITY Responsibilities:
Record, consolidate and deliver Bidder questions and requests for contract document
interpretations to the CONSULTANT in timely fashion.
CITY will issue addenda.
Task 13 Assumption(s):
1. This PROJECT will be bid as one construction project.
2. The budget for this task is limited to that amount shown in the project budget. Work beyond
the budgeted amount will be considered extra work.
Task 13 Deliverable(s):
1. Written responses to Bidders questions and requests for interpretations and evaluation of
acceptable alternates (“or equals”).
2. Conformed set of contract documents.
Task 14 Design Support During Construction
This task includes effort for providing engineering support during construction as requested by
the CITY Project Manager. Effort under this section could include:
• Developing change order designs consisting of design calculations and/or design plan
revisions.
• Responding to Contractor request for information (RFIs).
• Developing independent estimates for change orders.
• Providing clarification on design and specifications.
• Periodic site visits and/or attendance at Contractor meetings as requested by the CITY.
• Submittal review for materials or shop drawings.
• Participate in final project walkthrough, develop punch list, and review work for punch list
completion.
6th Street ATI Project 15 Scope of Work
Task 14 Assumption(s):
1. The CITY will provide overall construction administration, inspection, and management.
2. Materials testing during construction will be completed by the CITY.
3. The budget assumes up to two HDR staff members will attend the preconstruction meeting,
estimated at 4 hours each (2 hours travel, 2-hour duration).
4. The budget assumes one HDR staff member will attend up to six construction meetings or
site walks, estimated at 4 hours each (2 hours travel, 2-hour duration).
5. HDR will review and respond to up to six submittals at an estimated 2 hours each.
6. HDR will review and respond to up to four RFIs at an estimated 3 hours each.
7. Budget assumes up to two HDR staff members will participate in the final project
walkthrough estimated at 4 hours each (2 hours travel, 2-hour duration). Budget assumes
effort to review the punch list and review work to verify that punch list items are completed
(estimated level of effort not to exceed 20 hours).
8. The CONSULTANT will provide written responses to RFI’s, inquiries, change orders, etc.,
but the CITY will prepare final documents.
9. Record drawings will be based on redline mark-ups or survey provided by the CITY from the
construction Contractor. Changes to the original design plans may be documented as notes,
revision clouds, or contrasting mark-ups on the construction drawing package. The
underlying design itself will not be changed to reflect “as-built” conditions.
10. The actual support for engineering services that will be needed during construction is
unknown. An estimated hour amount has been entered into the Fee Estimate. Effort beyond
this amount will be scoped under a separate contract, or an amendment to this contract, if
deemed necessary by the CITY.
Task 14 Deliverable(s):
1. Design or specifications related to change order documentation (Electronic)
2. RFI responses on City forms (Word format)
3. Submittal Review Responses (Electronic)
4. Punch list (PDF)
5. Complete set of record drawings (PDF & CAD)
17619 NE 67th Court, Redmond, WA 98052
3600 Port of Tacoma Road, Suite 513, Tacoma, WA 98424
Main: 425-598-2200 Fax: 425-502-8067
February 12, 2026
HDRE_19-180
Robert C. Acevedo
HDR
929 108th Ave NE, Suite 1300
Bellevue, WA 98004
Robert.Acevedo@hdrinc.com
Professional Surveying Services Proposal
City of Bremerton 6th Street Active Transportation Improvements Project
6th Street Additional Topographic Mapping
Dear Robert,
Atlas Technical Consultants (ATLAS) is pleased to provide this proposal for professional surveying
services in support of HDR on the City of Bremerton, 6th Street Active Transportation Improvements
Project.
Project Limits
This scope of work outlines field and office work needed to survey the existing conditions and prepare a
CAD topographic survey along 6th Street for five (5) locations in Bremerton, WA as graphically outlined in
Exhibits A and B attached to this proposal.
Scope of Services
1. Surveying
1.1. Survey PM, Admin, QA/QC
This task includes the survey project management, administrative duties, and quality control
required for a project of this complexity and magnitude.
1.2. Survey Control
This task includes the establishment of survey control, or the recovery of existing survey
control, as required for the project. Typically, survey control will be set, found, or referenced
utilizing Real-Time Kinematic (RTK) GPS (GNSS) and the Washington State Reference Network
(WSRN) in conformance with industry standards. This survey control is then typically
propagated, as required, utilizing standard terrestrial total station measurements.
• Geodetic Survey Control (Coordinates)
o Current WSRN coordinate system is NAD83-2011 Epoch 2010.00 Coordinates.
o Horizontal survey work shall reference the Washington State Plane Coordinate
System of 1983 as established in accordance with Chapter 58.20 RCW.
o Vertical Datum for the survey work shall be referenced to NAVD88, as needed.
• Units shall be in US Survey Feet.
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1.3. Field Surveying (Exhibit A)
This task includes the field surveying required for surveying the existing conditions for areas
shown in Exhibit A to prepare topographic mapping for each of the five (5) sites. Surveying will
extend beyond the back of sidewalk 1-2 feet at all locations along 6th Street to the approximate
right-of-way, so Right-of-Entry is not anticipated.
Mapping will be sufficient to survey all visible manmade surface features which may include
sidewalks, curb & gutter, pavement, asphalt, concrete, ADA ramps, striping, crosswalks, walls,
building corners.
Street trees four (4) inches in diameter and larger will be surveyed. Trees will be noted on
survey deliverables and labeled with trunk, dripline diameter and coniferous or deciduous
classification.
Ground-based topographic base mapping will be sufficient to generate a 1”=20’ scale drawing.
Field survey will pick up ground shots and breaklines necessary to generate a 1-foot contour
DTM.
Above ground utilities will be surveyed for the areas shown in Exhibit A only. See Section 1.4 for
underground utility surveying and Ground Penetrating Radar (GPR)
1.4. Underground Utilities and GPR (Exhibit B)
Underground Conductible Utility Locates will be marked on the ground by a private utility
location company for the areas shown in Exhibit B only.
A private utility location service will also use Ground Penetrating Radar (GPR) to identify the
depth and approximate size of underground utilities for the areas shown in Exhibit B.
Surface Observable utilities will be surveyed as found within the surveying limits. Measure
Downs for sewer manholes, catch basins and storm drain manholes with pipe size, material,
direction, and invert elevations will be obtained, if possible, at each structure. Nearest drainage
structure outside the mapping limits will also be collected.
The fee to employ and manage a private utility location company for utility locates and GPR is
included in this scope of work.
1.5. Office Processing of Field Data
This task includes the office processing of the collected survey data, data extraction, field book
note reductions, CADD drafting, and other duties required for the generation of the
deliverable(s).
Understandings
1. Health, Safety, and Security are priority. ATLAS personnel will not proceed if the conditions are
deemed unhealthy, unsafe, or not secure from harm of any type.
2. ATLAS is not responsible for any delays due to conditions outside of ATLAS’s control.
3. Surveying services provided by ATLAS will be prepared under the supervision and seal of a
professional land surveyor licensed in the State of Washington.
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Atlas Technical Consultants, LLC
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4. Right-of-Way and property lines will Not be resolved, nor will title reports be ordered under this
scope of work.
5. Filing a Record of Survey or setting of property corners is not a part of these surveying services.
6. Right of Entry (ROE) onto the private properties will Not be required or obtained by the City of
Bremerton.
7. Traffic control is not anticipated for the work to be performed under this scope of work.
However, should traffic control be required for safety purposes it will be coordinated with the
City of Bremerton at the City’s expense.
8. The fee to mark the underground utilities on the ground and perform GPR services is included in
this scope of work.
9. Drafting will comply with ATLAS drafting guidelines, unless otherwise specified prior to
commencement of field work.
10. Managing the potholing services is not included in this scope of work.
Deliverables
1. AutoCAD Civil 3D 2023 survey 3D basemap drawing at 1” = 20’ with 1-foot contours.
2. An ASCII file with point numbers, coordinates, elevations, and descriptions for each survey
point, with benchmarks and survey control points clearly identified.
3. GPR report from private utility locate company when it becomes available.
Atlas appreciates the opportunity to present this proposal. If you have any questions, please feel free to
call.
Sincerely,
Atlas Technical Consultants
David Peebler, PLS
Survey Mapping Manager
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Atlas Technical Consultants, LLC
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Exhibit A (Survey Limits)
6th Street Survey Extents
Location #1 – 6th Street & Olympic Ave (Priority Location)
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Exhibit A Continued (Survey Limits)
Location #2 – 6th Street & Hewitt Ave (Priority Location)
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Exhibit A Continued (Survey Limits)
Location #3 – 6th Street & Chester Ave (Priority Location)
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Exhibit A Continued (Survey Limits)
Location #4 – 6th Street & West of Pacific Ave (Priority Location, Survey new Curb Ramps and Sidewalk)
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Exhibit A Continued (Survey Limits)
Location #5 – 6th Street & East of Pacific Ave (Nice to have location – we don’t have survey here currently)
HDRE_19-180 6th Ave Additional Topo SOW Atlas r3.docx
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Exhibit B (Underground Utilities Surveying & GPR)
HDRE_19-180 6th Ave Additional Topo SOW Atlas r3.docx
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Exhibit B Continued (Underground Utilities Surveying & GPR)
HDRE_19-180 6th Ave Additional Topo SOW Atlas r3.docx
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Page | 11
Exhibit B Continued (Underground Utilities Surveying & GPR)
EXHIBIT C-1
Compensation - Amendment 5
Bremerton / HDR Engineering, Inc
6th Street Active Transportation Improvement Project
City Project # 315060
FEE ESTIMATECity of Bremerton: Bremerton_6th Street ATITask # Task DescriptionTotal LaborTotal ExpensesTotal SubconsultantsTotal Fee1 Project Management $48,588 $0 $0$48,5882 QA/QC$20,178 $0 $0$20,1783 Data Collection $3,820 $0 $29,997$33,8174 Public and Stakeholder Involvement $4,007 $0 $0$4,0075 Alternatives Development $0 $0 $0$06 Preliminary Engineering $0 $0 $0$07 Design Report $13,262 $0 $0$13,2629 30% Design $77,247 $0 $0$77,24710 Final Design$86,173 $0 $0$86,17311 Signal Timing $29,414 $0 $0$29,41412 Street Lighting Analysis$6,047 $0 $0$6,04713 Bidding Phase Assistance $7,383 $0 $0$7,38314 Design Services During Construction $33,129 $0 $0$33,1290 Expenses$0 $889 $4,292$5,181$329,248 $889 $34,289 $364,42621,709.00$ 386,135.00$ Management Reserve Fund (Task 8)
LABOR ESTIMATE, HDR ENGINEERING STAFFCity of Bremerton: Bremerton_6th Street ATIAcevedo, Robert CAnders, Eric JBarney, Hayley LynnHarper, Jennifer KFinn, Maureen C Magee, Brian GNapiorkowski, Tomasz William (Tom)Parenteau, Trevor MichaelPi, Jake Sung JoonDanielski, Lisa CTotal Labor Total Labor DollarsContract Title / Project RoleTransportation Engineer 5Transportation Engineer 5Administrative Assistant 5Transportation Engineer 5Communications Consultant 3Transportation Engineer 5Transportation Engineer 3Drafting Technician 3Transportation Engineer 5Transportation Engineer 5Total Labor HoursTotal Labor DollarsBilling Rate303.71 245.76 148.71 251.04 151.00 265.40 174.50 127.91 224.14 262.62Direct Rates 103.06 83.40 50.47 85.19 51.24 90.06 59.22 43.41 76.06 89.121 108 0 78 0 0 0 24 0 0 0 210 48,588.06$ Project Mgmt Plan / Quality Mgmt Plan / HASP 2 2607.42$ Coordination Meetings and Monitoring 76 24 10027,269.96$ Invoicing / Status Reporting / EV / Work Plan 28 78 10620,103.26$ Subconsultant Management 2 2607.42$ 2 6 14 0 48 0 0 6 6 0 4 84 20,177.76$ 30% Submittal 2 4 16 2 2 266,211.92$ City Developed Environmental Documents 4 41,050.48$ 90% Submittal 2 6 16 2 2 286,703.44$ 100% Submittal 2 4 16 2 2 266,211.92$ 3 4 0 0 0 0 0 12 4 0 0 20 3,820.48$ feature and level survey data (HDR Staff Hours) 4 124 203,820.48$ 4 4 0 0 0 0 0 16 0 0 0 20 4,006.84$ Limited Support Hours 4 16 204,006.84$ 5 0 0 0 0 0 0 0 0 0 0 0 -$ 6 0 0 0 0 0 0 0 0 0 0 0 -$ 7 8 0 0 0 12 6 40 0 2 0 68 13,262.36$ Draft Design Report (30/90/100) 6 8 4 32 509,675.86$ Final Design Report 2 4 2 8 2 183,586.50$ 9 44 0 0 0 0 8 296 58 12 0 418 77,246.90$ 9.1 30% Engineer's OPCC 4 24 285,402.84$ 9.2 Site Prep 2 12 2 162,957.24$ 9.3 Pavement Markings and Signing 2 160 22 18431,341.44$ 9.4 Ped/Bike Intersection Design 4 4 20 4 326,278.08$ 9.5 Signal Design 8 4 20 4 12 4810,182.60$ 9.6 Traffic Control 16 40 4 6012,351.00$ 9.7 30% Submittal 8 20 22 508,733.70$ 10 48 4 0 0 0 0 368 50 0 0 470 86,172.62$ 10.1 Traffic Control 6 4 80 8 9817,788.58$ 10.2 Site Prep, Paving & Grading Plans 4 32 8 447,822.12$ 10.3 90% Submittal 16 100 22 13825,123.38$ 10.4 90% Spec 2 26 285,144.42$ 10.5 90% OPCC 4 16 204,006.84$ 10.6 100% Submittal 12 100 12 12422,629.44$ 10.7 100% Spec 2 10 122,352.42$ 10.8 100% OPCC 2 4 61,305.42$ 11 26 0 0 0 0 0 0 0 96 0 122 29,413.90$ 10.1 Data review and Volume development 2 8 102,400.54$ 10.2 Timing and Submittal Development 8 80 8820,360.88$ 10.3 Review and fine tuning 16 8 246,652.48$ Project Management QA/QCData Collection Public and Stakeholder Involvement Alternatives Development Preliminary Engineering Design Report 30% Design Final DesignSignal Timing
Acevedo, Robert CAnders, Eric JBarney, Hayley LynnHarper, Jennifer KFinn, Maureen C Magee, Brian GNapiorkowski, Tomasz William (Tom)Parenteau, Trevor MichaelPi, Jake Sung JoonDanielski, Lisa CTotal Labor Total Labor Dollars12 4 0 0 0 0 0 2 0 20 0 26 6,046.64$ Modeling and Exhibits 2 2 12 163,646.10$ Memo 2 8 102,400.54$ 136 0 0 0 0 0 26 8 0 0 40 7,382.54$ Conformed Drawing Set 2 12 8 223,724.70$ Support Hours as Needed 4 14 183,657.84$ 14 32 0 0 0 0 8 100 30 0 0 170 33,129.22$ Support as needed 32 8 100 30 17033,129.22$ Task Total Hours 290.00 18.00 78.00 48.00 12.00 22.00 890.00 156.00 130.00 4.00 1648.00Task Total Fee 88,075.90$ 4,423.68$ 11,599.38$ 12,049.92$ 1,812.00$ 5,838.80$ 155,305.00$ 19,953.96$ 29,138.20$ 1,050.48$ 329,247.32$ Design Services During Construction Street Lighting AnalysisBidding Phase Assistance
EXPENSES
City of Bremerton: Bremerton_6th Street ATI
Mileage/mile (2025)Copies/Page 11x17
B&W
Travel Office Expenses
OTHER DIRECT COSTS
Each Each
Unit Cost $0.700 $0.090 $3.70 0.00% 0.00%
0
Quantity 1200 540 0.00
Task Total $840.00 $48.60 $0.00 $0.00 $888.60 $0.00 $888.60
Total ODC 840.00$ 48.60$ -$ -$ 888.60$ -$ 888.60$
*All mileage will be billed at the current IRS mileage rate Total ODCODC MarkupTotal ODC + MarkupContingencyTech FeesExpenses
HDRE_19-180
6th Street Active Transportation Improvements Project
HDR
City of Bremerton
TASK 1 SURVEY AND MAPPING Principal
Surveyor
Project
Manager PLS / QC Assist PM CADD 5 CADD 4 CADD 3 Tech 5 Tech 4 Tech 3 Tech 2 Tech 1 Admin Hours Labor Dollars
Task DSC Rate 89.55$ 77.58$ 71.15$ 44.11$ 44.11$ -$ -$ 48.89$ -$ 40.53$ -$ -$ 38.03$
1.1. Survey PM, Admin, QA/QC 1 4 4 4 13 728$
1.2. Survey Control 2 8 8 18 858$
1.3. Field Survey Mapping 2 8 48 48 106 5,017$
1.4 Field Survey Utilities 2 2 12 12 28 1,371$
1.5. Office Processing of Field Data 8 60 68 3,216$
- -$
- -$
- -$
1 8 20 4 60 0 0 68 0 68 0 0 4 233
Total Dollars 89.55$ 620.64$ 1,423.00$ 176.44$ 2,646.60$ -$ -$ 3,324.52$ -$ 2,756.04$ -$ -$ 152.12$ - 11,189$ -
Direct Salary Cost 11,189$
Overhead Cost 138.10%15,452$
Fee (*DSC)30%3,357$
29,997$ Mileage 952 0.725 690$
Materials -$
-$ 3,530$
ODC's (Other Direct Costs)-$ 71.50$
Non-Invoiced (mileage; repro; etc.)Mile/repro 690.20$ 690$ -$
Invoiced (sub-c; rental; etc.)TBD 3,601.50$ 3,602$
34,289$
Cost + FF (DSC) Pricing Proposal
City of Bremerton, 6th Street Active Transportation Improvements Project
6th Street Additional Topographic Mapping
Total Labor
Contract Total
OtherSUB TOTAL
SUB TOTAL
ODC BREAKDOWN
INVOICED
Traffic Control
UG Utility Locates & GPR
WSDOT Toll
3D LS/iStar/Cyclone
repro
computer
other
NON-INVOICED
6 TH STREET
Active Transportation Improvement Project
Contract Modification with HDR for the 6th Street
Active Transportation Project
City Council Study Session | February 25, 2026
Agenda Bill Schedule
PWC (02/17/26)
City Council (03/04/26)Nick Ataie, P.E. – PW&U Engineering Division
CONTRACT MODIFICATION OVERVIEW
Contract History (HDR Engineering, Inc)
July 2024
Concept
Engineering &
Outreach
December 2024 April 2025 August 2025 November 2025
Original Contract
Time Extension
(No Cost)
Mod #1
Addt’l Concept
Engineering &
Outreach
Mod #2
Time Extension
(No Cost)
Mod #3
Time Extension
(No Cost)
Mod #4
City Council Authorized
Contract Modification #5 Overview
•Site & Utility Survey for Design
•Remaining Engineering Design Services (Advance Recommended Concept Design)
•Signal Re-Timing Support
•Bid & Construction Phase Support
$191,751 $126,486
Negotiated Not To
Exceed Cost
$386,135
Aggregate Contract
Not To Exceed Total
$704,372
ANTICIPATED PROJECT SCHEDULE
HDR Engineering Contract Amendment
•Feb 17 – Public Works Committee
•Feb 25 – Study Session
•Mar 4 – City Council
January - March 2026
Develop Final Engineering Design / Permitting
•No Further Formal Public Input Anticipated
March - November 2026
Bid & Award Phase
•Target Construction Award in Early 2027
December 2026 – March 2027
Pre-Construction Activities & Outreach
Early 2027
Construction Physical Completion
•Warm/Dry Weather Construction Window
April – August 2027
Construction Closeout
September – October 2027
PROJECT BUDGET ADJUSTMENT NEED
Budget Adjustment Need
•Current local project revenues ($700k total) are insufficient to cover remaining engineering-phase costs
•An additional $150k is needed to support projected engineering-phase costs (±$850k):
•Staff Labor + Project Expenses (±$146k)
•HDR - Current Contract (±$318k)
•HDR - Contract Modification #5 (±$386k)
Budget Adjustment Strategy
•Recent WSDOT approval to tap into grant funding early (originally allocated to construction)
•Budget adjustment (local revenues) as stopgap until WSDOT grant funding authorized **
•WSDOT funding authorization may take 2-3 months
•Strategy focuses on advancing project design immediately to stay on schedule
The Council motion authorizes a budget adjustment
to increase the Transportation Capital Fund by
$150,000 (REET)
**Engineering phase costs on / after date of WSDOT funding authorization will be eligible for grant reimbursement
NICK ATAIE, PE
PROJECT MANAGER – ENGINEERING
NICK.ATAIE@CI.BREMERTON.WA.US
360-473-2306
QUESTIONS & DISCUSSION
www.bremertonwa.gov/6thStreetProject
6th Street Active Transportation Improvement Project
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
Discussion on additional Transportation
Benefit District funding opportunity and
impact
COUNCIL MEETING Date: March 4, 2026
Department: Finance
Presenter: Mike Riley
Phone: (360) 473-5303
SUMMARY: Following the initial TBD discussion in 2025, Finance has returned with the requested
information regarding the history of the Transportation Benefit District (TBD), including projects and
purchases funded with TBD revenues. Expenditure information is provided for the most recent five-
year period.
Discussion will include current and anticipated transportation project and staffing needs,
Councilmanic options to increase TBD funding, other available funding mechanisms, and estimated
revenue potential associated with each option.
ATTACHMENTS: Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A8
Transportation Benefit District –
City of Bremerton Impacts
City of Bremerton February 25, 2026
Agenda
1.Background
2.Streets Staffing
3.5 year Trend History
4.What's next
5.Closing
City of Bremerton February 25, 2026
Background
The City of Bremerton established the Transportation Benefit District (TBD) on February 4 ,
2009 which established a $20 vehicle license fee to support local transportation
improvement projects.
In 2015 the Legislature under (2ESSB 5987) created provisions that allow a city or county
to absorb the TBD’s “rights, powers, functions and obligations”. On March 16, 2016, the
Bremerton City Council held a public hearing and passed Ordinance No. 5297 assuming
the rights, powers, functions and obligations of the Transportation Benefit District
Effective April 4, 2016, the City of Bremerton assumed the duties of the TBD
City of Bremerton February 25, 2026
Transportation Benefit District 5 year look back
The City has consistently collected approximately $600,000 per year through the TBD.
City of Bremerton February 25, 2026
Transportation Benefit District
Chip/Slurry Seal
$2,024,885
Sidewalk/Trip
Hazard Repair
$508,452
Crack and Chip
Seal/Potholes
$154,407
Equipment Purchases
Council Approved Staffing from
TBD Fee
2 Staff additions in 2016
2 Staff additions in 2018
* 4 Staff annual cost $553,000
10
12
14 14
9
10
11
12
13
14
15
Prior 2016 2016 2018 2026
Street Operations Staffing Levels
Series 1
Next Steps
RCW 82.80.140 Vehicle fee – Transportation benefit district (TBD)
Vehicle Licensing Fee: Potential estimated revenue – ($600k
currently collected $1.5 mil) councilmanic; Additional up-to, $1.5
voter approved.
Any TDB may impose vehicle licensing fees up to $100 with simple
majority voter approval. (only Seattle has been successful in this
measure levying a $60 fee increase in 2014). Bremerton, Burien and
Edmonds attempted voted initiatives in 2009 and King County in
2014 but failed.
The TBD alternatively an impose a councilmanic vehicle license fee
up to $50 in a series of progression.
Bremerton currently has a $20 vehicle licensing fee. The city has
ability to increase to $40 since it the $20 fee has been established
for at least 24 months. I could increase to $50 after the $40 fee has
been in effect for an additional 24 months.
Other TBD funding sources:
Sales and Use Taxes - Potential estimated revenue ($1.8 million)
councilmanic; Additional $3.6 million voter approved
RCW 82.14.0455 allows for up-to .3% sales tax increase. This is the
most common TBD funding source. Effective July 1, 2022, up to
0.1% of this sales tax may be imposed by a majority vote of the
governing body of the council. Otherwise, it must be approved by a
simple majority of the voters. Vast majority of all proposed TBD
sales tax initiatives have been approved.
Jurisdiction Vehicle
Licensing Fee
Sales & Use Tax
Bremerton $20 N/A
Covington $20 NA
Des Moines $40 N/A
Grandview $20 N/A
Jefferson County $20 0.1% Councilmanic
Lynwood $40 N/A
Maple Valley $20 N/A
Battle Ground $0 0.1% Councilmanic
Poulsbo $0 0.1% Councilmanic
Vancouver $0 0.1% Councilmanic
Airway Heights $0 0.3% Voted
Clarkston $0*0.2% Voted
Moses Lake $0*0.2% Voted
Sequim $0 0.2% Voted
Shoreline $0 0.2% Voted
*Previously had $20 car tab but rescinded after voted sales tax initiative
Questions?
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 25, 2026
2026 Lodging Tax Advisory Committee
Funding Recommendations
COUNCIL MEETING Date: N/A
Department: City Council
Presenter: Jane Rebelowski
LTAC Chair
Phone: (360) 473-5280
SUMMARY:
The Lodging Tax Advisory Committee (LTAC) received 20 eligible requests for funding totaling
$1,363,885. Direction provided by City Council when considering these requests included support of
long-time community events, kick-starting new events, tourism-based organizations and venues, and
municipal projects. Also, criteria provided by the City Council when evaluating the requests included
consideration of economic impact, events or activities that draw tourists from 50 miles or more away,
events or activities that focused on Bremerton’s community, and requests that demonstrated
collaboration with other community organizations. Following the application process, interviews with the
applicants were held on November 12, November 18, and December 9, 2025. Deliberations were then
held on December 9 and 10, 2025.
Funding Recommendations provided by the LTAC were rejected by the City Council at the February 4,
2026 Council Meeting, referred back to the LTAC for further consideration and further explanation of the
decision-making criteria.
The LTAC reaffirms the recommendations as presented, with the following criteria also considered:
1) Financial need for marketing events; 2) Timing of that marketing, so Bremerton is positioned to
compete for tourism with other waterfront cities, especially during FIFA and summer months; 3) Funding
for marketing with focus on events and organizations only in Bremerton, both for new requests and for
those organizations who are generate economic impact.
The total proposed allocation for 2026 includes $450,000 (Exhibit A), and included in the City of
Bremerton’s 2026 Budget are continued annual commitments to the Kitsap Conference Center for
$250,000 and $150,000 for the Admiral Theatre, for a grand total of $850,000 for Fiscal Year 2026.
ATTACHMENTS: 1) Summary of Requests & Recommendations 2) Exhibit A – LTAC Funding
Recommendations for 2026
FISCAL IMPACTS (Include Budgeted Amount): If funding is not approved in the next 30 days, there
are events that will have to make cuts or be potentially cancelled.
RECOMMENDED MOTION:
Move to approve the 2026 Lodging Tax Advisory Committee Funding Recommendations as listed
under Exhibit A.
STUDY SESSION ACTION: ☒ Action Anticipated
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A9
Summary of 2026 Lodging Tax Funding Requests and LTAC Funding Recommendations
Eligible Applicant 2026 Requests 2026 Recommendations
Collective Visions Gallery $10,000 $6,000
Enoch Arts $6,000 $4,500
Krampusnacht $34,400 $20,000
Sunny Jack Events $85,000 $65,000
Bremerton Rotary Foundation $25,000 $15,000
Bremerton Historic Ships Association $65,000 $50,000
Puget Sound Navy Museum $7,500 $4,000
Bremerton Symphony $15,000 $10,000
Vista Gardens $60,000 $10,000
WayzGoose Kitsap $12,000 $7,000
Bremerton Air Show $150,000 $23,500
Pacific NW Defense Coalition $5,000 $0
Love Kitsap $96,500 $0
Greater Kitsap Chamber & Visit Kitsap Peninsula $388,600 $50,000
Downtown Bremerton Association $100,000 $70,000
City of Bremerton - Tourism Branding Initiative $100,000 $0
WA Science & Engineering Fair $47,500 $45,000
Kitsap History Museum $63,385 $25,000
City of Bremerton - Quincy Square $63,000 $25,000
Roxy Bremerton $30,000 20,000
$1,363,885 $450,000
Total Requests Total Recommendations
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Collective Visions Gallery Venue & Arts Events Juried Art Show & Events (January - February)Event Marketing & Operations $10,000 $6,000
Council District 3 - Pacific Avenue Events during First Friday Artwalk Venue Operations during Event
https://www.collectivevisionsgallery.com/
Collaborates with Expanding outreach to Seattle
Bremerton Arts Commission
Downtown Bremerton Association
West Sound Arts Council
Enoch Arts Venue & Arts Events Season (September - May) Event Marketing & Operations $6,000 $4,500
Council District 2 - Lebo Boulevard Estimated 79 Total Performances with 10% attendance from out of area
https://www.enochcityarts.org/
Collaborates with Expanding outreach to combine with hotel packages
Visit Kitsap Peninsula Including out of area outreach via ValPak
Strange Skipper, LLC Event December Event Operations $34,400 $20,000
Krampusnacht Bremerton Festival Council District 3 - Downtown Estimated 200+ attendance from out of area
Prior overall attendance 7,000
https://krampusbremerton.com/Collaborates with numerous
organizations and businesses Part of request includes financial assistance for
including Greater Kitsap Chamber, event security, sanitation, police support, road closures,
Roxy Theatre, Spark Commons and emergency planning
Sunny Jack Events, LLC Desintation Marketing & Events Event Marketing & Operations $85,000 $65,000
Council District 3
Bremerton Bridge Blast Downtown, Boardwalk, Evergreen Park June
Taste of Kitsap August
Bremerton Night Market Collaborates with May, June, July, September
Baymont Inn, Hampton Inn,
https://www.sunnyjackevents.com/sunnyjackeventsevents Fairfield Inn, Oyster Bay Inn, Ferries,
Visit Kitsap, Love Kitsap, Unda One Sun,Part of request includes financial assistance for
and non-profits sanitation, garbage, and security
Bremerton Rotary Foundation Event Blackberry Festival (Aug - Sept)Event Marketing & Operations $25,000 $15,000
Council District 3 - Downtown & Boardwalk
Estimated 8,000 Visitors from 50+ miles
https://www.blackberryfestival.org/Collaborates with Sunny Jack Events, Estimated 300+ Overnight Stays
Greater Kitsap Chamber, non profits
Potential collaboration with Arts District Improving online searchablilty and "stay and play" packages
for expanding into Marina Square
Page 1 of 4
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Bremerton Historic Ships Association Venue & Events Museum & Special Events (Year Round) Venue Marketing $65,000 $50,000
Council District 3 - By Boardwalk & Marina Including Military Reunions and Conferences
https://ussturnerjoy.org/
Collaborates with Bridge Blast, Estimated 45,000 Visitors
Greater Kitsap Chamber, WSSEF Estimated 36,000 for Overnight Stays and 32,000 50+ miles away
Part of request includes TV and radio commercials, and FIFA focused ads
Puget Sound Navy Museum Venue & Events Exhibits & Events (Year Round) Event Marketing $7,500 $4,000
Council District 3 - Harborside
https://pugetsoundnavymuseum.org/Estimated 2,560 Visitors for Overnight Stays
Extended hours during Art Walk,
Armed Forces Day, Blackberry Festival,
Veterans Day and support for Navy Band
Collaborates with Greater Kitsap Chamber,
Downtown Bremerton Association,
Navy League, P.S. Maritime Hist. Society
Bremerton Symphony Association Arts Events Performances (Dec, Mar, June) Event Marketing $15,000 $10,000
Council District 4 - OC & BHS PAC Other Events throughout Kitsap
https://www.bremertonwestsoundsymphony.org/
Estimated 4,500 Visitors
Collaborates with Visit Kitsap Peninsula Estimated 1,000 Visitors for Overnight Stays
Estimated 700 visitors 50+ miles away
Albers Marconi Vista Gardens Foundation Venue & Events Year Round Venue and Event Marketing $60,000 $10,000
Council District 1
https://vistagardens.org/Marketing with FIFA focus from January - June
With hotels on landing page
WayzGoose Kitsap Event Arts Festival (June) & Artist Panel (Nov)Event Marketing $12,000 $7,000
Council District 2 - Sheridan Park
https://www.wayzgoosekitsap.com/Estimated 600 Visitors
Collaborates with Farmers Market,Estimated 100 for Overnight Stays
Downtown Bremerton Association,
Kitsap Regional Library, Creative District,
First Friday
Page 2 of 4
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Collins Historical Aircraft Foundation Event July Event Marketing & Operations $150,000 $23,500
Bremerton Airshow Council District 7
Expanding advertising to social media, regional magazines, billboards
https://bremertonairshow.com/Collaborates with Greater Kitsap Chamber
Port of Bremerton, and Kitsap Fair & Stampede Estimated 130 room nights for performers and staf
Pacific NW Defense Coalition Event October Event Marketing $5,000 $0
Maritime Defense Conference Council District 3
Proposed for Kitsap Conference Center
https://www.pndc.us/about The conference may generate room nights for attendees.
The event is not intended for the general public.
Love Kitsap Destination Marketing Stay Kitsap Branding & Promotion for FIFA Event Marketing $96,500 $0
Water Trails
https://www.kitsap.love/Collaborates with Kitsap Transit,Lodging Consultant & Liason
Downtown Bremerton Association,Analytics Platform
Kitsap Economic Development Alliance,Custom Content
Premier Media Group
Visit Kitsap Peninsula & Greater Kitsap Chamber Destination Marketing and Visitor Center Shoulder Season Digital Marketing $388,600 $50,000
Visitor Center Operations
https://visitkitsap.com/Design and Content
https://greaterkitsapchamber.com/
Downtown Bremerton Association Venue & Events Year Round Events and FIFA Fan Zone Event Marketing & Operations $100,000 $70,000
Council District 3 Venue Operations
https://www.downtownbremerton.org/
Collaboration planned with Greater Kitsap Chamber,Part of request includes security and sanitation.
Visit Kitsap Peninsula, Love Kitsap
WA State Science & Engineering Fair Event March Event Marketing & Operations $47,500 $45,000
Council District 4 - BHS PAC Venue Operations
https://wssef.org/Estimated 3,000 Visitors
Collaborates with Historic Ships,Estimated 1,500 for Overnight Stays
Kitsap Regional Library, Bremerton Rotary, and
Kitsap Create
Page 3 of 4
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Kitsap History Museum Venue & Events Year Round Exhibits and Events Event Marketing & Operations $63,385 $25,000
Council District 3 - 4th Street Venue Operations
https://kitsapmuseum.org/History Uncorked & Eat Your Way Through Kitsap
Collaborates with Downtown Bremerton Association,Quincy Square Exhibit
Kitsap Regional Library, Coffee Oasis,
Charleston Business District, Kitsap Sun Estimated 13,400+ Visitors
Estimated over 3,700 for Overnight Stays
Bremerton Roxy Foundation Venue & Events Events & Concerts (Year Round)Event Marketing 30,000 $20,000
Council District 3 - Roxy Theatre Quincy Square Venue Operations
https://www.roxybremerton.org/ FIFA Fan Zone
Collarates with Greater Kitsap Chamber,West Sound Film Festival
Visit Kitsap, Love Kitsap, Downtown New Year's Eve
Bremerton Association, Ballast Books
Estimated 8,000 Visitors
Estimated 140 for Overnight Stays
City of Bremerton Municipality Develop Tourism Brand and Communication Toolkit Tourism Promotion $100,000 $0
Tourism Branding Initiative To be available to all Tourism Partners
Reduce duplication and provide consistent message
https://www.bremertonwa.gov/
Estimated 12 month project
City of Bremerton Municipality Year Round Events & FIFA Fan Zone Event Marketing & Operations $63,000 25,000
Quincy Square Bremerton Black Market, Intl. Corgi Day, World Pizza Day, and Venue Marketing & Operations
Collaborates with Greater Kitsap Chamber,Bremerton Beer Festival
https://www.bremertonwa.gov/Downtown Bremerton Association,
Bremerton Rotary
Total Requests $1,363,885
Total Recommended Funding $450,000
Continued Funding to Kitsap Conference Center $250,000
Continued Funding to Admiral Theatre Foundation $150,000
Total Continued Funding $400,000
Total 2026 Lodging Tax Funding $850,000
Page 4 of 4
BREMERTON CITY COUNCIL STUDY SESSION
FEBRUARY 25, 2026
B1
PCHS
BY THE
NUMBERS 8,399 Homeless Patients
32 Clinics
10 Mobile Units
52,434 Patients
50% Medicaid
SERVICES
Medical
Behavioral Health
Dental
Pharmacy
SERVICES
Insurance Enrollment
Food Access
Transportation
Housing
Language Access
WORKFORCE
HOUSING
PERMANENT
SUPPORTIVE
HOUSING
PCHS HOUSING
•Cedar House
•Oak House
•Pine House
•Spruce House
•Hemlock
Sage Apartments
OUR PARTNERS
PCHS
PROJECTS
BREMERTON PROJECTS
Medical Respite (6th Street)
Summer 2026 Hemlock Apts (6th Street)
TBD –Funding Contingent
Community Meal Center (Pacific Ave)
TBD –Funding Contingent
Spinnaker Dental (Kitsap Way)
Fall 2026
Bay Vista (Bay Vista)
In Progress
PCHS Senior Dental (6th Street)
2027
QUESTIONS?
JENNIFER KREIDLER-MOSS, CEO (JKREIDLER@PCHSWEB.ORG)
BRYNN FELIX, CHIEF CORPORATE AFFAIRS & LEGAL OFFICER (BFELIX@PCHSWEB.ORG)
Form Updated 4.19.2024
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Levy Lid Lift Discussion Study Session Date: February 25, 2026
Presenter: Fire Chief McGanney
Phone: 360-473-5381
SUMMARY: Discussion and Presentation
HANDOUTS: Power Point Presentation
B2
Presentation Title 2
City of Bremerton March 22, 1996
Protecting Reliable Emergency Response in
Bremerton
What We’re Asking for –And Why Now
•Voter Approved $0.48 property tax lid lift
•Demand is rising & staffing is stretched
•Action is needed to maintain response reliability and safety
0
100
200
300
400
500
600
700
800
900
Bremerton Fire South Kitsap
Fire & Rescue
Central Kitsap
Fire & Rescue
NKFR/PFD/BIFD
Incidents per on-duty person
Incidents per on-duty person
Rising Demand, Fixed Staffing
Call Volume Continues to Rise –24.2% increase in last decade
•EMS demands and Concurrent Calls
•52.3% Concurrent calls in 2025
•71.2% Station Reliability in 2025
•Staffing levels have not kept pace
0
2000
4000
6000
8000
10000
12000
2025 2024 2023
Concurrent Calls
Calls for Service Concurrent Calls
0
2000
4000
6000
8000
10000
12000
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
Calls for Service
Current Staffing Reality
•Engine 2 & 3 staffed with two firefighters
What Standards Require
•NFPA 1710
•Fire Attack
•Search & Rescue
•Ventilation
•Rapid Intervention
•WAC 296-305
•2-In & 2-Out
•Limited rescue exception only
What Additional Staffing Achieves
•Add 9 firefighters
•Moves staffing towards NFPA best practice
•Enables compliance with WAC safety requirements
•Improves response effectiveness and firefighter safety
Reliable Apparatus = Reliable Response
•Front line and Reserve apparatus are aging
•Increasing maintenance downtime and cost
•Replacement will:
•Improve reliability
•Reduce service interruptions
•Enhance safety
2
0
0
4
2
0
1
8
Responsible Long-Term Financial
Planning•No current ERR funding for fire apparatus
•Stable annual ERR funding:
•Prevent budget spikes
•Reduce debt reliance
•Protect taxpayers
Facilities That Match Today’s Mission
•Station 1 no longer meets modern needs
•Remodel will:
•Address space limitations and staffing needs
•Facilities impact response, efficiency, and
retention
Financial Impact
•$0.48 per $1,000 AV
•Provides:
•Staffing
•Safety compliance
•Reliable apparatus
•Long-term fiscal stability
Cost Projections
Form Updated 4.19.2024
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: 2027-2028 Budget Discussion Study Session Date: February 25, 2026
Presenter: Mike Riley
Phone: 360-473-5303
SUMMARY: Monthly discussion regarding the development of the 2027-2028 Budget
HANDOUTS: None
B3
To: City Council
From: Garrett Jackson
Date: February 25, 2026
Subject: Zoning Code Amendments
SUMMARY
Updates to the City Critical Areas Ordinance (BMC 20.14), Shoreline Master Program (BMC 20.16),
and Landscaping Code (BMC 20.50) are proposed for Council consideration. While proposed zoning
code amendments are being presented concurrently, they remain separate regulations, each with
their own distinct planning requirements. The impetus for changing these regulations is also unique:
State required updates to the Critical Areas Ordinance (COA) are proposed for greater stream buffer
widths to better protect anadromous fish species; updates to the Shoreline Master Program (SMP)
were necessary to align with increased housing types approved with the Comprehensive Plan
update; and revisions to the Landscape code are meant promote urban tree canopy policies
identified in the Comprehensive Plan. These materials are intended to provide a briefing to the
Council and general public on proposed changes and to gain feedback at the February 25th Study
Session. An adoption date of April 1st is anticipated, with two separate public hearings 1) Critical
Areas Ordinance and Landscaping Code, and 2) Shoreline Master Program.
BACKGROUND
In preparation for these updates, the Department of Community Development contracted with
consultant Facet, who provided environmental expertise and experience in State code compliance.
The Planning Commission then worked over a five-month period to review potential code changes
and solicit public comment. Coordination with the Washington State Department of Ecology resulted
in a Joint Public Hearing on January 26th, held cooperatively with the City of Bremerton and
Department of Ecology and including a public comment period from December 29th to January 28th.
Significant feedback was provided by environmental professionals with the Washington State
Department of Fish & Wildlife, Washington State Department of Ecology, Suquamish Tribe, Port
Gamble S'Klallam Tribe, and Kitsap Building Association, which helped inform additional code
updates. The dates below note specific Planning Commission public meetings. Links to associated
informational packets are available here for 2025 workshops and the 2026 public hearing.
September 15, 2025 Planning Commission Workshop
October 20, 2025 Planning Commission Workshop
November 17, 2025 Planning Commission Workshop
December 15, 2025 Planning Commission Workshop
January 26, 2026 Planning Commission Joint Public Hearing
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Memo Zoning Code Amendments
Page 2
CRITICAL AREAS ORDINANCE
The Growth Management Act (RCW 36.70A) requires all counties and cities to identify, designate,
and protect critical areas. RCW 36.70A.030(6) defines five types of critical areas for consideration:
Wetlands, Critical Aquifer Recharge Areas, Frequently Flooded Areas, Geologically Hazardous
Areas, and Fish & Wildlife Conservation Areas. WAC 365-190-080(1) requires “No Net Loss” of
critical areas, meaning, these areas should not be further degraded than their current state. A Facet
NW Gap Analysis and Facet NW Best Available Science Review were provided in support of these
updates. The following provides a synopsis of proposed updates:
General CAO Revisions (BMC 20.14.100 – BMC 20.14.200). Several proposed code revisions
are not specific to a single critical area, and are instead applied to the chapter as a whole.
Proposed revisions include:
Intent (BMC 20.14.115). Language added to underscore CAO policies related to cumulative
impacts, no net loss, and wildlife/habitat processes.
Scope And Applicability (BMC 20.14.120). Language added noting that when two critical
areas exist on a site, the more restrictive standard will apply.
Relationship To Other Regulations (BMC 20.14.125). Reference added to the Shoreline
Master Program, State, and Federal regulations.
Administration And Procedures (BMC 20.14.130). Language added noting cooperation with
State agencies and Tribal entities, and greater detail required for submitted site plans.
Exemptions (BMC 20.14.145). Language added for exempting emergency actions from the
CAO, while noting that long-term solutions to emergencies must undergo full critical area
review. Additional exemptions for voluntary restoration and minor site investigation also
added.
Public Agency Exception (BMC 20.14.150). Revised permit from a Type III Hearings
Examiner decision to a Type II Administrative decision; added required notification to
Department of Fish and Wildlife, Department of Ecology, and affected tribes.
Reasonable Use Exception (BMC 20.14.155). Language added for coordination with
Department of Fish and Wildlife, Department of Ecology, and affected tribes; permit
expiration, and submittal documents.
Nonconforming Uses/Structures (BMC 20.14.160). Added language addressing
remodel/reconstruction of legally established development. Provision added for conditional
expansion of single family homes when no net loss in demonstrated; similar to existing
Kitsap County provision.
Bonds (BMC 20.14.165). Language added noting that when extended monitoring periods are
required, bonds will be updated to reflect current market costs.
Tree Removal (BMC 20.14.190). Adding provisions for unpermitted tree removal within a
critical area or critical area buffer, including potential fines of $1,000 per nonsignificant tree
and $5,000 per significant tree. Fines would not be applicable to trees 4-inches in diameter
or less, though full replacement mitigation would be required. Significant trees are evergreen
trees at least 8-inches in diameter (measured 4-feet above existing grade) or deciduous
trees at least 12-inches in diameter.
Memo Zoning Code Amendments
Page 3
Definitions (BMC 20.14.200). Existing definitions were revised for Adaptive Management,
Alteration, Anadromous fish, Best Available Science, Buffer, Channel Migration Zone,
Compensatory Mitigation, Fish and W ildlife Habitat Conservation Areas, Non-Federally
Regulated W etland, Mitigation, Monitoring, Qualified Professional, Riparian Habitat, and
Seismic Hazard Areas. New definitions were added for Agricultural Activities, Ecosystem
Functions, Ecosystem Values, Erosion Hazard Areas, Landslide Hazard Areas, No Net Loss,
Riparian Management Zone, Site Potential Tree Height, Streams, and Watershed. The
definition for High Quality W etlands was deleted.
Wetlands (BMC 20.14.300). Wetlands help to maintain water quality, store and convey
stormwater and floodwater, recharge groundwater, provide important fish and wildlife habitat,
and serve as areas for recreation, education, scientific study and aesthetic appreciation. The
City’s overall goal is to achieve no net loss of wetlands. Proposed revisions include:
Deleted wetland descriptions, instead referencing source material per Washington State
Wetland Rating System for Western Washington, Department of Ecology Publication No. 23-
06-009. Updated Department of Ecology references throughout.
Updated required Measures to Minimize Impacts to Wetlands related to light, noise,
stormwater, and others consistent with Department of Ecology guidance.
Added language for consultation with affected agencies and tribes.
Updated Preference of Mitigation Actions (Restoration, Establishment, Preservation,
Enhancement) to meet current Department of Ecology standards.
Added mitigation ratios for preservation consistent with current Department of Ecology
standards.
Critical Aquifer Recharge Areas (BMC 20.14.400). Groundwater from aquifers provides a
source of potable water and contributes to stream discharge/flow. Critical aquifer recharge areas
contribute to the recharge of aquifers, springs and/or wells and are susceptible to contamination
of water supplies through infiltration of pollutants through the soil. City residents rely on an
essential life-sustaining safe drinking water supply. Proposed revisions include:
Added exemption for single family homes consistent with our jurisdictional neighbors.
Updated special reports section related to qualified professionals.
Frequently Flooded Areas (BMC 20.14.500). Regulating floodplains promotes public health,
safety, and general welfare, and minimizes public and private losses due to flo od conditions in
specific areas caused by flooding, while protecting the functions and values of the floodplain
ecological environment. Proposed revisions include:
Provision added noting tribal coordination for habitat assessments.
Geologically Hazardous Areas (BMC 20.14.600). Regulation of geologically hazardous areas
is meant to protect human life and property from potential risks related to development on or
near geologically hazardous areas. Geologically hazardous areas include areas susceptible to
erosion, sliding, geologic events, landslides, and moderate and steep slope areas. Proposed
revisions include:
Memo Zoning Code Amendments
Page 4
Provision added noting that certain erosion
hazard areas may not require a critical areas
report.
Fish And Wildlife Habitat Conservation Areas
(BMC 20.14.700). The intent of these regulations is
to avoid impacts to streams, riparian habitat,
anadromous fish, and wildlife conservation areas.
Proposed revisions include:
Updated stream buffer widths to address riparian
area guidance provided by the Department of Fish
& Wildlife (DFW) Riparian Ecosystems, Volume
2: Management Recommendations. DFW
guidance includes widening riparian buffers to
Site Potential Tree Height (SPTH) or at a
minimum to 100 feet to prevent pollution from entering streams. The image to the right
illustrates a typical riparian area of influence contributing to habitat, stream temperature,
introduction of pollutants, etc. In our area SPTH is approximately 200 feet, as this is the
mature height of large conifer trees. A standardized 200-foot buffer is proposed for fish-
bearing streams, rather than a site-by-site SPTH analysis. This is consistent with all Kitsap
jurisdictions (except Port Orchard who is in the code update process). DFW guidance would
significantly increase existing codified buffer widths (as seen in the image above) for fish
bearing streams from 150 feet to 200feet, and for non-fish streams, an increase from 35 feet
for Ns stream and 50 feet for Np streams to 100 feet.
Descriptions for Type S, F, Np or Ns waters were removed from the code, and instead reference
to the source stream rating material was provided per WAC 222-16-030 of the Department of
Natural Resources Water Typing System; this ensures City code will be up to date should these
standards change in the future.
Provisions were added that affected Tribes and the Washington State Department of Fish and
Wildlife participate in the field verifications in the event a stream type is downgraded.
Allowable buffer averaging widths were reduced to a maximum reduction of 25 feet from 35 feet.
A section providing buffer reductions for existing development was added, where a stream buffer
reduction of a maximum of 25 feet may be requested with an associated Habitat Management
Plan, including mitigation sequencing and no net loss analysis.
An existing section allowing Stormwater Management Facilities within the outer 25 percent of
stream buffers was removed from the code, at the request of DFW.
A new section protecting Cultural Resources was added, requiring an Inadvertent Discovery Plan
to protect potential cultural resources.
Additional details for habitat assessment including hydrologic mapping, aerial photography, tree
canopy, observable water quality, and other features were added to the code.
Memo Zoning Code Amendments
Page 5
SHORELINE MASTER PROGRAM
The goal of the SMP is to protect shorelines of statewide significance and their associated natural
resources, and to provide opportunities for the general public to have access to enjoying shorelines
per RCW 36.70A.480. Updates to the SMP were initiated in order to add housing types consistent
with the Comprehensive Plan update. Updates to mapping, notification to local tribes, and other
items were also included. A Facet NW Gap Analysis was provided in support of these updates.
Proposed revisions include:
General Goals (SMP 2.030). Updated to indicate areas where salmon congregate/spawn should
receive special consideration for impact avoidance.
General Policies (SMP 2.065). Updated to indicate that areas requiring dredging should not be
considered for new boating facilities.
Marinas and Boating Facilities Policies (SMP 2.030). Updated to indicate areas where salmon
congregate/spawn should receive special consideration for impact avoidance.
Residential Development (SMP 2.075). Minor update to language noting no net loss.
Docks, Piers, and other In-water Structures Policies (SMP 2.080). Added language noting
cumulative impacts should include pocket estuaries.
Definitions (SMP Chapter 3). Definition for Multifamily added, for purposes of the SMP only,
defining 2-units or more as this housing type.
Maps (SMP 4.020). Added references to mapping resources
provided by the Department of Ecology, Department of Fish &
Wildlife, and National Oceanic & Atmospheric Administration.
Updated Map D to correct mapping error, and updated all
maps for improved aesthetic appearance, street names, and
parcel lines.
Low Density Residential (SMP 4.030). Updated name of this
shoreline designation from “Single Family Residential” to “Low
Density Residential” throughout this document (not only in this
section).
Noticing Requirements (SMP 5.030). Added language
indicating that those receiving notice may not have comment
on City permits, inferring participation may be provided in
other permitting.
Vegetation Conservation (SMP 7.020). Revision added noting
existing vegetation (not only native vegetation) will be
identified in Vegetation Management Plans (not including
noxious weeds identified by Kitsap County). Clarified language indicating native species within
the shoreline buffer may be pruned or replaced to match appearance prior to SMP adoption.
Archaeologically Sensitive Areas (SMP 7.060). Added language for increased tribal notification.
Use and Modification Matrix (SMP Figure 7.090a). Updated to allow for mixed-use and
multifamily residential uses consistent with Comprehensive Plan update. Clerical update noting
zoning name change in the Downtown Subarea Plan from “MFR 1 Waterfront Overlay” to “Mixed
Use”.
Shoreline Stabilization (SMP 9.080i). Added language noting that when hard shoreline armoring
is proposed applicant should consider how to incorporate vegetation into the structure.
Memo Zoning Code Amendments
Page 6
LANDSCAPING CODE
The City Landscape code is intended to regulate vegetation outside of critical areas.
Landscaping within critical areas is required to be native vegetation (salal, vine maple,
huckleberry, etc.), while landscaping outside critical areas does not carry that requirement
(roses, hydrangeas, lavender, etc.). While proposed code updates are varied, the primary focus
is encouraging developments to enhance the urban tree canopy.
Intent (BMC 20.50.010). This section was updated from its current text to read as follows, “The
intent of this chapter is to establish landscaping standards that contribute to a quality urban
environment by encouraging the retention of existing vegetation, expansion of urban tree canopy
through landscaping and street trees, usage of drought resistant vegetation, screening areas of
low visual interests, buffering potentially incompatible developments, and to compliment
development sites with landscaping.” Language was removed for topics regulated by other
chapters: habitat for fish and wildlife (Critical Areas BMC 20.14), erosion and stormwater runoff
(BMC 15.04), protection of groundwater resources from pollutants and flooding (Critical Areas
BMC 20.14).
Exceptions (BMC 20.50.030). In an effort to expand the urban tree canopy, these updates are
meant to trigger a lower threshold for existing sites to meet landscape code conform ance.
Changes were finalized through a collaborative process between the Planning Commission and
the Kitsap Building Association. The Director may waive or reduce any requirement of the
Landscaping chapter when a proposed remodel or change of use is valued at 50% or less of the
assessed value of onsite structures as determined by the Kitsap County Assessor . Standards
may also be waived for remodel, when no new surface parking is added, and when repair is
needed from fire or similar casualties.
General Provisions (BMC 20.50.040). Several updates were added to this code section
including:
i. To encourage retention of existing trees/vegetation, language was added noting retention
of existing trees/vegetation may satisfy development requirements.
ii. Generally, the front yard setback area in commercial zones is required to be landscaped,
however, some zones have no front yard setback. Added language notes t hat zones with
no front yard setback observe a 10-foot front yard landscape area.
iii. To protect public infrastructure, requirements were added for tree root barrier installation
in select instances.
iv. In consultation with the Parks Director, a code section was removed requiring the
screening of City parks from private property.
v. To ensure landscape plans submitted by developers are installed correctly, a section of
code was added noting that an inspection from the project landscape architect may be
required prior to occupancy being granted.
Memo Zoning Code Amendments
Page 7
Performance Standards (BMC 20.50.050). Several significant updates were added to this code
section including:
i. Alternative Street Tree Standards. An alternative to the current code requirement of 1
street tree per 25-linear feet of frontage is to provide 1 street tree per 50-linear feet of
frontage if trees are fast growing, have a mature height of at least 30 -foot, and appear
on the approved City Street Tree List. While this new code section incentivizes larger
trees, small varieties may be necessary in some constrained urban environments
(overhead power lines, utilities, etc.).
ii. Provisions were added to require curbing to protect landscape areas in parking lots.
iii. Alternative landscape standards are proposed to allow greater code flexibility for
interior parking lot trees to encourage large fast-growing trees.
iv. Language was removed regulating rights-of-way within Centers. The Public Works
Department currently has street standards addressing these areas.
v. Removed language exempting parking lots of 20 or less vehicles from landscaping.
vi. Added language requiring development projects to provide an International Society of
Arboriculture (ISA) Certified Arborist recommendation for removal of significant trees.
vii. Added language requiring development to protect tree critical root zones.
viii. Added language incentivizing drought resistant tree species, by requiring smaller
plant sizes at the time of installation.
Landscape Plan Submittal (BMC 20.50.060). Removed language exempting drought resistant
species from temporary irrigation.
REMAINING REVIEW
In preparation for Council review, a preliminary schedule for adoption is provided here to encourage
ample time for Council consideration. The following schedule will be presented at the 2/25 Study
Session for Council comment:
February 25 Study Session: full presentation on proposed changes, consultant Facet will be
available for support.
March 4 Regular Meeting: full presentation, information only, requesting public comment.
March 11/March 18 Council Meetings: zoning code amendments will not be an agenda item, so
Council may provide feedback and Staff prepare final documents.
March 11 Deadline: Council comments submitted based on public comment received.
March 25 Study Session: full presentation on proposed changes, public comments received,
consultant Facet will be available for support.
April 1 Regular Meeting: Public Hearing/Adoption
ORDINANCE NO. ______
AN ORDINANCE of the City Council of the City of
Bremerton, Washington amending Chapter 20.14 of the Bremerton
Municipal Code, entitled Critical Areas, and Chapter 20.50, entitled
Landscaping.
WHEREAS, the City of Bremerton Critical Areas Ordinance (BMC 20.14) was
updated May 4, 2021 per Ordinance No. 5418, and associated Critical Area codes are updated to
be consistent with the SMP update; and
WHEREAS, the Landscaping regulations in BMC 20.50 were last updated per
Ordinance 5364 in 2018 with the Comprehensive Plan Update; and
WHEREAS, the proposed code updates are consistent with Best Available
Science (BAS), per the Best Available Science and Gap Analysis reports prepared by Facet NW
in October 2025; and
WHEREAS, the Planning Commission conducted workshops in September,
October, November, and December 2025 to discuss the proposed amendments to the Critical
Areas and Landscaping regulations; and
WHEREAS, in accordance with Chapter 43.21C RCW and WAC 197-11, a
Determination of Non-Significance (“DNS”) was issued December 12, 2026, with a comment
period which expired on December 26, 2026, and an appeal period which expired on January 9,
2026. No appeals were filed; and
WHEREAS, on December 12, 2026, amendments to the Critical Areas and
Landscaping regulations were circulated to the State Agencies for the requisite 60-day review
and comment period; and
WHEREAS, the Planning Commission held a Joint Public Hearing on January 26,
2026 to consider staff’s recommendations, receive testimony, and formulate a recommendation
for the SMP update, including the Critical Areas regulations to the City Council for
consideration at a duly advertised public hearing. The joint review process, per WAC 173-26-
104, consolidates the local and State of Washington Department of Ecology’s SMP public
comment periods, speeding up the approval process; and
WHEREAS, on March 9, 2026, the public was notified by legal advertisement in
the Kitsap Sun of the opportunity to provide comment and participate in the public hearing by
the City Council; and
WHEREAS, City Council held two Study Sessions, on February 25 and March
25, 2026, and an information-only City Council meeting on March 4, 2026, to discuss the
proposed amendments; and
WHEREAS, City Council received public testimony from interested parties and
considered all written and oral arguments at a duly advertised public hearing for the Critical
Areas and Landscaping code updates on March 18, 2026; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The recitals set forth above
are hereby incorporated as if set forth herein in full.
SECTION 2. Planning Commission Findings. The Findings and Conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as if set forth herein in full.
SECTION 3. Land Use Code Amended. Title 20 of the Bremerton Municipal
Code, Chapter 20.14, entitled “Critical Areas,” and Chapter 20.50, entitled “Landscaping,” as set
forth in Exhibit B and Exhibit C, attached hereto and incorporated herein by reference, are hereby
adopted.
SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 5. Severability. If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect; and
SECTION 6. Effective Date. This Ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2026.
_________________________________
JANE REBELOWSKI, Council President
Approved this ________ day of ________________________, 2026
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
PUBLISHED the________ day of ______________________, 2026
EFFECTIVE the_________day of ______________________, 2026
ORDINANCE NO. ____________
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
Chapter 20.14
CRITICAL AREAS
20.14.100 GENERAL PROVISIONS.
BMC 20.14.100 through 20.14.175 are general provisions pertaining to critical areas. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.110 PURPOSE.
The purpose of this chapter is to protect the public health, safety, and welfare by establishing provisions
to classify, protect, and preserve Bremerton’s critical areas and their functions and values by providing
standards for development in association with these areas. The identification and protection of critical
areas is required by the Washington State Growth Management Act of 1990 (Chapter 17, Laws of 1990).
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.115 INTENT.
Critical areas include wetlands, critical aquifer recharge areas, frequently flooded areas, geologically
hazardous areas, and fish and wildlife habitat conservation areas. The review of critical areas will
consider the cumulative impacts of the proposed action that includes past, present, and reasonably
foreseeable future actions to facilitate no net loss of applicable critical areas. Such impacts shall include
those to wildlife, habitat, and migration corridors; water quality and quantity; and other geologic or
watershed processes that relate to applicable critical area condition, process, or service. The intent of this
chapter is to preserve the beneficial functions and values of critical areas, and to minimize potential
dangers or public costs associated with the inappropriate use of such areas, and to manage development
in or adjacent to critical areas. This chapter contains classification criteria and preservation standards for
each type of critical area. Classification criteria identify physical characteristics by which critical areas are
designated. Preservation standards protect critical areas from degradation caused by improper
development. These criteria and standards will secure the public health, safety and welfare by:
(a) Reducing risk of damage due to erosion, flooding, and landslides;
(b) Reducing the risks to the public from personal injury, loss of life, or property damage;
(c) Maintaining surface water quality and protecting groundwater areas which help recharge (purify or
resupply) rivers, streams, and aquifers;
(d) Maintaining and protecting priority fish and wildlife habitats, including restoration of riparian habitat;
(e) Maintaining and protecting the habitat of threatened and endangered wildlife species;
(f) Avoiding public expenditures to correct damaged or degraded critical ecosystems;
(g) Alerting appraisers, assessors, owners, potential buyers, or lessees to the potential presence of a
critical ecosystem and possible development limitations;
(h) Providing flexibility and attention to site-specific characteristics when administering code, allowing
for reasonable use of private property and the provision of public facilities and services necessary to
support existing development;
(i) Applying the best available science, as determined according to WAC 365-195-900 through 365-195-
925;
(j) Implementing the goals, policies, guidelines, and requirements of Bremerton’s Comprehensive Plan
and the Washington State Growth Management Act. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.120 SCOPE AND APPLICABILITY.
(a) General. This chapter applies to any public or private activity or action which would alter the
condition of any land, water or vegetation, or construct or alter any structure or improvement regulated by
this title, on any land which meets the classification standards for any critical area defined herein. Such
activities or actions include, but are not limited to:
(1) Building, demolition, clearing, grubbing, grading, filling;
(2) Subdivisions and short plats;
(3) Reclassifications, site plan approvals, shoreline substantial development permits, and special
and conditional use permits;
(4) Temporary use permits, variances, exceptions and waivers.
(b) Where one (1) site is classified as containing two (2) or more critical areas, the proj ect shall meet the
minimum standards and requirements for each identified critical area as set forth in this chapter.
(c) Mapping. Critical areas may be located through the use of any and all information from the United
States Department of Agriculture, Department of Fish and Wildlife, National Resources Conservation
Service, the United States Geological Survey, the Washington Department of Ecology, the Coastal Zone
Atlas, the National Wetlands Inventory maps, Bremerton topography maps, the Kitsap County
Generalized Wetland and Critical Areas Inventory maps, Kitsap Public Utilities District maps, and Kitsap
County Assessor’s maps, and other Geographical Information Systems (GIS) data provided by Kitsap
County. The above-listed maps and data sources are only guidelines available for reference. The actual
location of critical areas must be determined on a site-by-site basis according to the classification criteria
found in this chapter.
(d) Any individual critical area adjoined by another type of critical area shall have a buffer or protection
area and meet the requirements that provide the most protection to the critical areas involved. When any
provision of this chapter or any existing regulation conflicts with this chapter, that which provides more
protection to the critical areas shall apply.
20.14.125 RELATIONSHIP TO OTHER REGULATIONS.
Applications for permits and approvals are subject to the provisions of this chapter as well as to other
provisions of state and City law, including all other chapters of BMC Title 20, Land Use Code, and
Shoreline Master Program. Where this chapter imposes greater restrictions than existing regulations,
easements, covenants or deed restrictions, the provisions of this chapter shall prevail. Compliance with
the provisions of the Title does not constitute compliance with other federal, state, and local regulations
and permit requirements that may be required (for example, Shoreline Permits, HPA permits, Army Corps
of Engineers Section 404 permits, Ecology Section 401 permits, NPDES permits). The applicant is
responsible for complying with these requirements, apart from the process established in this Title. Where
applicable, the City may encourage use of information such as permit applications to other agencies or
special studies prepared in response to other regulatory requirements to support required documentation
submitted for critical areas review. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.130 ADMINISTRATION AND PROCEDURES.
The requirements and criteria of this chapter shall be applied at the time of application for any
development proposal, land use project or nonproject action requiring permit approval subject to the
BMC. The requirements and criteria of this chapter shall be applied in conjunction with review for permits
required by other chapters of the BMC. Procedures specifically related to the application of this chapter
are as follows:
(a) Project Permits. The procedures as set forth in Chapter 20.02 BMC, Project Permits, shall apply
unless modified by this chapter.
(b) Presubmittal Conference. Any applicant intending to construct, grade or conduct any activity subject
to this chapter in a critical area or its buffer is encouraged to schedule a presubmittal conference during
the earliest possible stages of project planning to discuss impact avoidance before large commitments
have been made to a particular project design. Effort put into presubmittal conferences and planning will
help applicants create projects which will be more quickly and easily processed.
(c) Burden of Proof. Applications for any proposal subject to this chapter shall be reviewed by the
Department of Community Development for completeness and consistency with this chapter. At every
stage, the burden of proof demonstrating that any proposed development is consiste nt with this title is
upon the applicant.
(d) Special Reports. When a critical area is on site or adjacent to the site, or the Department of
Community Development determines a likelihood that a critical area is on site or adjacent to the site, the
Department may require submittal of additional special reports and studies prepared by qualified
specialists to make an assessment or delineation of the critical area. The Department of Community
Development will seek consultation with affected agencies and tribes as necessary, in such cases,
comments shall be received within 14 days of the request for comment. Sections of this chapter include
detailed procedures for preparation of special reports.
(e) Site Plan. Applications for any proposal subject to this chapter shall include a site plan drawn to
scale identifying locations of critical areas in addition to proposed structures and activities. Site plan
submittal shall meet the standards of BMC 20.58.080, Site Plan Review., including but not limited to
boundaries of property lines, critical areas and buffers (including field flag numbers), buildings, roads,
stormwater facilities, parking lots, utilities, location of test holes, proposed clearing areas, proposed and
actual septic fields, proposed buffer reductions, proposed buffer enhancements, location of critical area
delineation stakes, breaks in stream type, significant trees, and habitat trees as applicable to the specified
critical area. A Keyhole Markup Language Zipped (KMZ) or Geographic Information Systems (GIS)
shapefile of these features may be required with submittal.
(f) Conditions. The Director may attach any conditions deemed necessary t o minimize or avoid impacts
to any critical area in order to meet the requirements and intent of this chapter. Development may be
prohibited in a proposed site based on criteria set forth in this chapter.
(g) Notice to Title and Hold Harmless. The owner of any property upon which approval under BMC
Title 20, or BMC Title 17, is sought, with a critical area or critical area buffer verified on site through an
assessment delineation or permit application, shall record a "Notice to Title" of the presence of the critical
area and/or buffer with the Kitsap County Auditor when required by the Department. The Department may
require recording of a "Notice to Title and Hold Harmless" in cases where a site -specific critical area could
pose potential threats to safety or property if altered through future acts. Said docum ent shall also serve
as a hold harmless and covenant holding the City harmless from claims due to soil disturbances or any
development on the property in conjunction with issuance of development permits by the City. The notice
shall be notarized and the applicant must submit proof that the notice has been legally recorded before
the final approval for development is issued.
(h) Time Limit. The approvals granted under this chapter shall be valid for the same time period as the
underlying permit (e.g., preliminary plat, building permit, etc.). If the underlying permit does not contain a
specified expiration date, then approvals granted under this title shall be valid for a period of three (3)
years from the date of issue, unless a longer or shorter period is specified by the Department.
(i) Activities Not Requiring a Permit. If an activity is subject to this chapter per BMC 20.14.120 but is not
subject to any established City permit, the proponent shall obtain written authorization from the
Department prior to commencement to ensure compliance with the chapter.
(j) Modifications and Reductions. Modifications or reductions to critical areas buffers, setbacks, or other
standards through a site-specific or special report shall be processed as a Type I (for applications where
the underlying permit does not require SEPA) or Type II (for applications where the underlying permit
requires SEPA) decision per BMC 20.02.040, Table 040. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965
§7 (part), 2006)
20.14.140 APPEALS.
An appeal of a decision regarding a critical area may be made in accordance with BMC 20.02.140. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.145 EXEMPTIONS.
An exemption means that an activity is fully exempt from critical areas review, and not subject to the
provisions of this chapter. The proponent of the activity may submit a written request for exemption to the
Director that describes the activity and stat es the exemption listed in this section that applies. The
Director shall review the request to verify that it complies with this chapter and approve or deny the
exemption as a Type I administrative determination. All exempted activities shall use best mana gement
practices to the greatest possible extent to avoid potential impacts to critical areas. The following
developments, activities and associated uses shall be exempt:
(a) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to
public health, safety or welfare, or that pose an immediate risk of damage to property and that require
remedial or preventative action in a short time frame. The person or agency undertaking such action shall
notify the Department, and the Director shall determine if the action taken is within the scope of the
emergency action allowed in this section. While actions taken to temporarily stabilize an emergency are
exempt, resulting development shall be subject to the provisions in the Chapter. After the emergency, the
person or agency shall fully restore and/or mitigate any impacts to the critical areas and buffers resulting
from the action in accordance with an approved critical area report and mitigation plan. Restoration must
be initiated within one year of the date of the emergency and completed within one year unless otherwise
approved by the Director.
(b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures not
requiring permits, if the activity does not further alter or increase the impact to critical areas or their
buffers.
(c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not
degrade the critical area.
(d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions of
Chapter 76.09 RCW and forest practices regulations, WAC Title 222.
(e) Existing Infrastructure Maintenance and Repair. Maintenance and repair of legally existing roads,
utilities, infrastructure and associated facilities.
(f) Activities Within the Improved Right-of-Way. Construction of new utility facilities, improvements or
upgrades to existing utility facilities that take place within existing improved rights -of-way or existing
impervious surfaces that do not increase the amount of impervious surface.
(g) Voluntary restoration activities that preserve or enhance ecological functions and do not involve
grading, filling, or using heavy equipment unless approved by the Director. The proponent of the activity
shall submit a written request for exemption to the Director that describes the activity. Dependent on the
scope of the activity, the Director may require a Special Report demonstrating no net loss at a minimum.
(h) Minor site investigative work (e.g., surveys, soil logs, percolation tests) that do not involve new road
construction, significant excavation, or removal of significant trees. In all cases, impacts to critical areas
shall be minimized and disturbed areas promptly restored.
20.14.150 PUBLIC AGENCY EXCEPTION.
An exception means that an activity may receive special consideration and relief from certain provisions
of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review, and
demonstrate mitigation sequencing as applicable. Public agencies may make an application for exception
to the Department for construction of items such as new roads, utilities, infrastructure and associated
facilities. The application shall include critical area identification; critical area report, including mitigation
plan if necessary; and any other related project documents such as environmental documents pursuant to
SEPA, Chapter 43.21C RCW. The City will provide notification to the Department of Fish and Wildlife,
Department of Ecology, and affected tribes to request comment. The decision whether to grant the public
agency utility exception shall be processed as a Type II Type III Hearing Examiner decision per
Chapter 20.02 BMC pursuant to the following review criteria:
(a) There is no other practical alternative to the proposed development with less impact on the critical
areas; and
(b) The application of this chapter would unreasonably restrict the ability to provide utility services to the
public. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.155 REASONABLE USE EXCEPTION.
An exception means that an activity may receive special consideration and relief from certain provisions
of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review. An
applicant may apply for a reasonable use exception if it can be demonstrated that application of this
chapter would deny all reasonable use of the subject property. The application shall include materials
consistent with BMC 20.58.080(e) and critical areas identification; critical areas report including mitigation
plan, if necessary; and any other related project documents such as environmental documents and
special studies. The City will provide notification to the Department of Fish and Wildlife, Department of
Ecology, and affected tribes to request comment. Approvals granted shall be valid for a period of three (3)
years from the date of issuance; the Director may grant a single six (6) month extension if the applicant
makes such a request in writing prior to the expiration date and can show good cause for granting the
extension. The decision whether to grant the reasonable use exception shall be processed as a Type III
Hearing Examiner decision per BMC 20.02.110 pursuant to the following review criteria:
(a) The application of this chapter would deny all reasonable use of the property;
(b) No other reasonable use of the property has less impact on the critical area;
(c) Any alteration is the minimum necessary to allow for reasonable use of the property. The applicant
shall provide a mitigation sequencing analysis addressing no net loss of ecological functions; and
(d) The inability of the applicant to derive reasonable use of the property is not the result of actions by
the applicant after the effective date of this title or its predecessor.
20.14.160 NONCONFORMING USES/STRUCTURES.
An established use or existing structure that was lawfully permitted prior to the adoption of this chapter,
but which is not in compliance with this chapter, may continue subject to the provisions of
Chapter 20.54 BMC and the following criteria.
(a) Legally established structures may be remodeled or reconstructed; provided, that the new
construction or related activity does not further intrude into the critical area or its associated buffers.
(b) New construction or related activity connected with an existing single -family dwelling may be
considered exempt from additional critical area permitting, provided no such exemption has been
previously granted and all the following criteria are demonstrated:
(1) No portion of the new structure or addition is located closer to the critical area or buffer than the
existing structure;
(2) Expansion is located on the development side opposite of the critical area or buffer;
(3) The expansion does not result in the loss of significant trees; and
(4) A habitat management plan consistent with BMC 20.14.740, and/or wetland report consistent
with BMC 20.14.360, including demonstration of “no let loss of ecological functions or values,” is
provided to support and mitigate for the expanded footprint.
20.14.165 BONDS.
All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the amount
of one hundred fifty (150) percent of the average expected value of the project. The value of the bond
shall be based on the average of three (3) contract bids that establish all costs of compensation, including
costs relative to performance, monitoring, maintenance, and provision for contingency plans.
(a) Performance Bonds. Except for public agencies, applicants receiving a permit are required to post a
cash performance bond or other acceptable security to guarantee compliance with this chapter prior to
beginning any site work. The surety shall guarantee that work and materials used in construction are free
from defects. All bonds shall be approved by the City Attorney. The surety or bonds cannot be terminated
or canceled without written approval. The Director shall release the bond after documented proof that all
structures and improvements have been shown to meet the requirements of this chapter and that a
maintenance bond has been posted, if required.
(b) Maintenance Bonds. Except for public agencies, an applicant shall be required to post a cash
maintenance bond or other acceptable security guaranteeing that structures and improvements required
by this chapter will perform satisfactorily for a minimum of three (3) five (5) years after they have been
constructed and approved. Extended monitoring periods may be required by the City when site-specific
conditions, mitigation complexity, or best available science indicate a longer period is necessary to
ensure successful establishment and persistence of functions and values. Should an extended monitoring
period be required, the City may require updated mitigation cost estimates and bonding. All bonds shall
be on a form approved by the City Attorney. Without written release, the bond cannot be canceled or
terminated. The Director shall release the bond after determination that the performance standards
established for measuring the effectiveness and success of the project have been met. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.170 ENFORCEMENT.
(a) No regulated activity, as defined in BMC 20.14.200, shall be conducted without a permit and without
full compliance with this chapter. All activities not allowed or conditionally approved shall be prohibited.
(b) The Director shall have authority to enforce this chapter, issue delineation verifications, permits, and
violation notices, and process violations through the use of administrative orders and/or civil and criminal
actions as provided for herein, and as listed in BMC 20.40.180.
(c) In the event of violation, the City shall have the authority to order restoration, enhancement, or
creation measures to compensate for the destroyed or degraded critical area. If work is not completed in
a reasonable time following the order, the Cit y may implement a process to restore or enhance the
affected site. This includes creation of new wetlands or streams to offset loss as a result of violation of the
provisions in this chapter. The violator shall be liable for all costs of such action, inclu ding administrative
costs.
(d) Failure to comply with an administrative order of the Director under this section shall constitute a
violation subject to enforcement pursuant to this section. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965
§7 (part), 2006)
20.14.175 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abatement and/or enforcement may be required as
provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2).
Each day, or a portion thereof, during which a violation occurs shall constitute a s eparate violation. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.180 SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person
or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or
judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect
or invalidate the remainder of any part thereof to any other person or circumstances, and to this end, the
provisions of each clause, sentence, paragraph, section or part of this chapter are hereby declared to be
severable. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.190 TREE REMOVAL.
Trees and other vegetation are important elements of the physical environment, especially those located
within or near critical areas. “Tree Removal” means the removal of a tree, through either direct or indirect
actions, including but not limited to: (1) clearing, damaging, girdling, or poisoning, in each case, resulting
in an unhealthy or dead tree; or (2) damage to roots or trunk that is likely to destroy the tree’s structural
integrity. This section addresses removing trees within critical areas or their associated buffers. Removal
of trees within geological hazardous area shall also comply with BMC 20.14.630(e) and (f). The Director
may require a Site Development Perm it.
(a) Elimination of Danger Trees. Any tree that poses an imminent threat to life or property may be
removed; the City must be notified within seven days after an emergency tree removal. Removal of
danger trees within the critical area or associated buffers may be allowed only if such activity is approved
by the Department, provided a certified arborist in the State of Washington makes a written determination
that the trees proposed for elimination present a legitimate safety hazard.
(b) Tree Replacement. Trees removed from the critical area or associated buffers, including danger
trees, must comply with the following provisions:
(1) Removal of trees greater than six (6) inches in diameter at four (4) feet in height shall be
replaced at a ratio of three to one (3:1) with native species and shall be a minimum of six (6) feet in
height at the time of planting for both evergreen and deciduous trees. Replacements shall be
located within an on-site required critical area buffer. Replacement trees shall be spaced
appropriately for the species type or as specified in a critical area report. In the case of a danger
tree being removed, the danger tree may be removed and replaced with a three to one (3 :1) ratio of
a native tree that is known to enhance the critical area in which it is located without a critical area
report. The Director or his or her their designee may grant some or all replacement locations
outside a critical area buffer at a nearby location, where no feasible alternative exists. For
applicable habitats, before removing the complete tree applicants will demonstrate stumping the
tree to create or retain wildlife snags is not feasible, as determined by the Director.
(2) Shoreline Jurisdiction. Properties located within the City’s shoreline jurisdiction are subject to
additional tree removal and replacement standards if the tree(s) to be removed are located within
the required shoreline buffer. See Shoreline Master Program Section 7.020 for additional
standards. (Ord. 5418 §2, 2021; Ord. 5301 §3 (Exh. B) (part), 2016)
(c) Penalties. Any person who violates of any portion of this section may be subject to any applicable
penalties per BMC 1.04 plus a per tree penalty in the amount of $1,000 per nonsignificant tree and
$5,000 per significant tree, as defined per BMC 20.50.050(d)(4), for trees removed from a critical area or
critical area buffer in violation of the provisions of this chapter. Trees four (4) inches in diameter or less,
measured four (4) feet above existing grade, may be subject to any applicable penalties per BMC 1.04
but are not subject to a per tree penalty.
20.14.200 DEFINITIONS.
Words not defined in this title shall be as defined in the Bremerton Municipal Code, the Washington
Administrative Code, or the Revised Code of Washington. Words not found in either code shall be as
defined in Webster’s Third New International Dictionary, latest edition.
"Active fault"
means a fault that is considered likely to undergo renewed movement within a period of concern to
humans. Faults are commonly considered to be active if the fault has moved one (1) or more times in the
last ten thousand (10,000) years, but faults may also be considered active in some cases if movement
has occurred in the last five hundred thousand (500,000) years.
"Adaptive management"
relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical
area. An adaptive management program is a formal and deliberate scientific approach to taking action
and obtaining information in the face of uncertainty. The process of monitoring and improving permits,
regulations, and programs to ensure the protection of critical areas.
"Adjacent,"
for the purposes of this chapter, means immediately adjoining (in contact with the boundary of the
influence area) or within a distance that is less than that needed to separate activities from critical areas
to ensure protection of the functions and values of the critical areas. "Adjacent" shall mean any activity or
development located:
A. On a site immediately adjoining a critical area;
B. A distance equal to or less than the required critical area buffer width and building setback;
C. A distance equal to or less than three hundred (300) feet upland from a stream, wetland, or water
body;
D. Bordering or within the floodway, floodplain, or channel migration zone; or
E. A distance equal to or less than two hundred (200) feet from a critical aquifer recharge area.
"Advance mitigation"
means mitigation of an anticipated critical area impact or hazard completed according to an approved
critical area report and prior to site development.
“Agricultural activities (existing and ongoing)”
means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in
the production of crops and livestock, including but not limited to operation, maintenance and
conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes
between agricultural activities, and normal operation, maintenance or repair of existing serviceable
structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of
an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is
proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years,
unless the idle land is registered in a federal or state soils conversation program. Forest practices are not
included in this definition.
"Agricultural land"
means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy,
apiary, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the
excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and/or that has been designated
as long-term commercial significance for agricultural production.
"Alluvial fan flooding"
means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex
and is characterized by high-velocity flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
"Alteration"
means any human-induced change in an existing condition of a critical area or its buffer. Alterations
include, but are not limited to, clearing, grubbing, grading, filling, channelizing, dredging, clearing
(vegetation), construction, compaction, excavation, chemical applications (e.g., herbicides, pesticides,
hazardous substances), vegetation management exceptions (e.g., removal of noxious weeds), pollutant
discharge, grazing of domestic animals, surface water management modifications, or any other activity
that changes the character of the critical area.
"Anadromous fish"
means fish that spawn and rear in freshwater and mature in the marine environment. While Pacific
salmon die after their first spawning, adult char (bull trout) can live for many year s, moving in and out of
saltwater and spawning each year, steelhead as well as sea run cutthroat can spawn more than once.
The life history of Pacific salmon and char contains critical periods of time when these fish are more
susceptible to environmental and physical damage than at other times. The life history of salmon, for
example, contains the following stages: upstream migration of adults, spawning, inter-gravel incubation,
rearing, smoltification (the time period needed for juveniles to adjust their body functions to live in the
marine environment), downstream migration, and ocean rearing to adults.
"Applicant"
means a person who files an application for permit under this title and who is either the owner of the land
on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a
person.
"Aquifer"
means a geological formation, group of formations, or part of a formation that is capable of yielding a
significant amount of water to a well or spring.
"Aquifer, confined"
means an aquifer bounded above and below by beds of distinctly lower permeability than that of the
aquifer itself and that contains groundwater under sufficient pressure for the water to rise above the top of
the aquifer.
"Aquifer recharge areas"
means areas that, due to the presence of certain soils, geology, and surface water, act to recharge
groundwater by percolation.
"Aquifer, sole source"
means an area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water
Act of 1974, Section 1424(e). The aquifer(s) must supply fifty (50) percent or more of the drinking water
for an area without a sufficient replacement available.
"Aquifer susceptibility"
means the ease with which contaminants can move from the land surface to the aquifer based solely on
the types of surface and subsurface materials in the area. Susceptibility usually defines the rate at which
a contaminant will reach an aquifer unimpeded by chemical interactions with the vadose zone media.
"Aquifer, unconfined"
means an aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer
itself and containing groundwater under pressure approximately equal to that of the atmosphere. This
term is synonymous with the term "water table aquifer."
"Area of shallow flooding"
means an area designated AO or AH Zone on the flood insurance map(s). The base flood depths range
from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and
AH indicates ponding.
"Associated wetlands"
means those wetlands which are in proximity to and either influence or are influenced by tidal waters or a
lake or stream subject to the Shoreline Management Act.
"Base flood"
means a flood event having a one (1) percent chance of being equaled or exceeded in any given year,
also referred to as the one hundred (100) year flood. Designations of base flood areas on flood insurance
map(s) always include the letters A or V.
"Basement"
means any area of the building having its floor below ground level on all sides.
"Best available science"
means scientifically valid information in accordance with WAC 365-195-900, as now or hereafter
amended, that is used to develop and implement critical areas policies or regulations.
means current scientific information used in the process to designate, protect, or restore critical areas,
which is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925.
Sources of the best available science are included in "Citations of Recommended Sources of Best
Available Science for Designating and Protecting Critical Areas" published by the Washington State
Department of Community, Trade and Economic Development.
"Best management practices (BMPs)"
means conservation practices or systems of practices and management measures that:
A. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients,
animal waste, toxics, and sediment;
B. Minimize adverse impacts to surface water and groundwater flow and circulation patterns and to
the chemical, physical, and biological characteristics of wetlands;
C. Protect trees and vegetation designated to be retained during and following site construction and
use native plant species appropriate to the site for revegetation of disturbed areas; and
D. Provide standards for proper use of chemical herbicides within critical areas.
The City shall monitor the application of best management practices to ensure that the standards and
policies of this title are adhered to.
"Biodiversity"
means the variety of animal and plant life and its ecological processes and interconnections represented
by the richness of ecological systems and the life that depends on them through time, including human
life and economies.
"Breakaway wall"
means a wall that is not part of the structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces without causing damage to the elevated
portion of the building or supporting foundation system.
"Buffer" or "buffer zone"
means an area that is contiguous to and protects a critical area which is required for the continued
maintenance, functioning, and/or structural stability of a critical area. Buffers can protect the functions and
values of critical areas by preserving existing native vegetation, or nonnative vegetation excluding
noxious weeds.
"Channel migration zone (CMZ)"
means the lateral extent of likely movement along a stream or river during the next one hundred (100)
years as determined by evidence of active stream channel movement over the past one hundred (100)
years. Evidence of active movement over the one hundred (100) year time frame can be inferred from
aerial photos or from specific channel and valley bottom characteristics. The time span typically
represents the time it takes to grow mature trees that can provide functional large woody material debris
to streams. A CMZ is not typically present if the valley width is generally less than two (2) bankfull widths,
if the stream or river is confined by terraces, no current or historical aerial photographic evidence exists of
significant channel movement, and there is no field evidence of secondary channels with recent scour
from stream flow or progressive bank erosion at meander bends. Areas separated from the active
channel by legally existing artificial channel constraints that limit bank erosion and channe l avulsion
without hydraulic connections shall not be considered within the CMZ.
"Clearing"
means the removal of noninvasive surface vegetation including, but not limited to, brush, shrubs, natural
grasses, and trees. Removal of surface vegetation in quantities greater than the minimum necessary to
maintain a well-functioning natural habitat constitutes clearing. For the purposes of this chapter, activities
described in BMC § 20.14.630(f), Vegetation Thinning, constitute clearing.
"Coastal high hazard area"
means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune
along an open coast and any other area subject to high velocity wave action from storms or seismic
sources. The area is designated on the flood insurance map(s) as Zone V1-30, VE, or V.
"Compensation project"
means actions necessary to replace project-induced critical area and buffer losses, including land
acquisition, planning, construction plans, monitoring, and contingency actions.
"Compensatory mitigation"
means replacing project-induced losses or impacts to a critical area, and includes, but is not limited to,
the following:
A. "Creation"
means actions performed to intentionally establish a critical area such as a wetland at a site where it
did not formerly exist. An example activity could involve excavation of upland soils to elevations that
will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant
species.
B. "Enhancement"
means actions performed to improve the condition of existing degraded critical areas such as a
wetland so that the functions they provide are of a higher quality. An example activity could involve
excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric s oils by
intercepting groundwater, and in turn supports the growth of hydrophytic plant species.
C. "Preservation"
means actions taken to ensure the permanent protection of existing, high-quality critical areas such
as wetlands. means preventing the decline of critical areas by an action in or near those critical
areas. This term can include activities commonly associated with the protection and maintenance of
critical areas through the implementation of appropriate legal and physical mechanisms such as
recording conservation easements and providing structural protection like fences and signs.
Preservation does not result in a gain of aquatic resource area or functions but may result in a gain in
functions over the long term.
D. "Restoration Rehabilitation"
means actions performed to reestablish critical areas functional characteristics and processes that
have been lost by alterations, activities, or catastrophic events within an area that no longer meets
the definition of a wetland. means the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions and environmental
processes to a degraded wetland. Rehabilitation results in a gain in wetland function, but does not
result in a gain in wetland acres.
"Conservation easement"
means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions
can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or
other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is
legally binding on all present and future owners of the property, therefore providing permanent or long-
term protection.
"Critical aquifer recharge area"
means areas determined to have a critical recharging effect on aquifers used for potable water as
classified per BMC § 20.14.420.
"Critical area tract"
means land held in private ownership and retained in an open condition in perpetuity for the protection of
critical areas. Lands within this type of dedication may include, but are not limited to, portions and
combinations of forest habitats, grasslands, shrub steppes, on-site watersheds, one hundred (100) year
floodplains, shorelines or shorelines of statewide significance, riparian areas, and wetlands.
"Critical areas"
include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat
conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands, as defined in
Chapter 36.70A RCW and this title.
"Critical facility"
means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event
might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals,
police, fire and emergency response installations, and installations that produce, use, or store hazardous
materials or hazardous waste.
"Critical species"
means all animal and plant species listed by the state or federal government as threatened or
endangered.
"Cumulative impacts or effects"
means the combined, incremental effects of human activity on ecological or critical areas functions and
values. Cumulative impacts result when the effects of an action are added to or interact with other effects
in a particular place and within a particular time. It is the combination of these effects, and any resulting
environmental degradation, that should be the focus of cumulative impact analysis and changes to
policies and permitting decisions.
"Danger tree"
means a tree that is dead, or is so affected by a significant structural defect or disease that falling or
failure appears imminent, or a tree that impedes safe vision or traffic flow, or that otherwise currently
poses a threat to life or property.
Department.
Unless otherwise noted, "Department" is defined as the City of Bremerton Department of Community
Development.
"Developable area"
means a site or portion of a site that may be utilized as the location of development, in accordance with
the rules of this title.
"Development"
means any activity upon the land consisting of construction or alteration of structures, earth movement,
dredging, dumping, grading, filling, mining, removal of any sand, gr avel, or minerals, driving of piles,
drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes
the storage or use of equipment or materials inconsistent with the existing use. Development also
includes approvals issued by the City that bind land to specific patterns of use including, but not limited to,
subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans.
Development activity does not include the following activities :
A. Interior building improvements.
B. Exterior structure maintenance activities, including painting and roofing.
C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing,
pruning, and weeding.
D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks
(routine cleaning); wells; individual utility service connections; and individual cemetery plots in
established and approved cemeteries.
"Development permit"
means any permit issued by the City, or other authorized agency, for construction, land use, or the
alteration of land.
"Director"
means the Director of the Bremerton Department of Community Development or other responsible official,
or other City staff granted the authority to act on behalf of the Director.
“Ecosystem functions”
means the products, physical and biological conditions, and environmental qualities of an ecosystem that
result from interactions among ecosystem processes and ecosystem structures. Ecosystem functions
include, but are not limited to, sequestered carbon, attenuat ed peak stream flows, aquifer water level,
reduced pollutant concentrations in surface and ground waters, cool summer in-stream water
temperatures, provision of wood and gravel to stream channels, and fish and wildlife habitats.
“Ecosystem values”
means the cultural, social, economic, and ecological benefits attributed to ecosystem functions.
"Elevated building"
means a building that has no basement and its lowest elevated floor is raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
"Emergent wetland"
means a wetland with at least thirty (30) percent of the surface area covered by erect, rooted, herbaceous
vegetation extending above the water surface as the uppermost vegetative strata.
"Erosion"
means the process whereby wind, rain, water, and other natural agents mobilize and transport particles.
“Erosion hazard areas”
means those areas containing soils which, according to the United States Department of Agriculture
Natural Resources Conservation Service Soil Survey Program, may experience significant erosion.
Erosion hazard areas also include coastal erosion-prone areas, channel migration zones, and areas likely
to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils.
"Exotic"
means any species of plants or animals which are foreign to the planning area.
"Fish and wildlife habitat conservation areas"
means areas necessary for maintaining species in suitable habitats within their natural geographic
distribution so that the habitat available is sufficient to support viable populations over the long term, and
isolated subpopulations are not created as designated by WAC 365-190-130. These areas include:
A. Areas with which state or federally designated endangered, threatened, and sensitive species
have a primary association;
B. Priority habitat species and species of local importance including, but not limited to, areas
designated as priority habitat by the Washington Department of Fish and Wildlife;
C. Streams and watercourses used by juvenile salmonids, and habitat of species essential to the
juvenile salmonid diet;
D. Commercial and recreational shellfish areas;
E. Kelp, eelgrass beds, pocket estuaries, herring, smelt, sandlance and other forage fish spawning
habitat;
F. Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide
fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to
mitigate impacts to ponds;
G. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters,
salt waters, and all other surface waters and watercourses within the jurisdiction of the State of
Washington;
H. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
I. State natural area preserves and natural resource conservation areas; and
J. Land essential for preserving connections between habitat blocks and open spaces.
K. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within
the boundaries of, and are maintained by, a port district or an irrigation district or company.
"Fish habitat"
means habitat that is used by fish at any life stage at any time of the year, including potential habitat likely
to be used by fish that could be recovered by restoration or management and includes off -channel
habitat.
"Flood" or "flooding"
means a general and tem porary condition of partial or complete inundation of normally dry land areas
from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters
from any source.
"Flood insurance map"
means the official map on which the Federal Insurance Administration has delineated the areas of special
flood hazards and includes the risk premium zones applicable to the community. Also known as "flood
insurance rate map" or "FIRM."
"Flood insurance study"
means the official report provided by the Federal Insurance Administration that includes flood profiles, the
Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
"Flood protection elevation"
means the elevation that is one (1) foot above the base flood elevation.
"Flood-resistant material"
means materials designed to be resistant to the impacts associated with flooding and defined and
described in detail in the Federal Emergency Management Agency's Technical Bulletin No. 2-93, 1993,
and FEMA publication FEMA-348, Protecting Building Utilities from Flood Damage.
"Floodplain"
means the total land area adjoining a river, stream, watercourse, or lake subject to inundation by the base
flood.
"Floodway"
means the channel of a river or other watercourse and the adjacent land area that must be reserved in
order to discharge the base flood without cumulatively increasing the surface water elevation more than
one (1) foot. Also known as the "zero rise floodway."
"Forested wetland"
means a wetland with at least thirt y (30) percent of the surface area covered by woody vegetation greater
than twenty (20) feet in height that is at least partially rooted within the wetland.
"Formation"
means an assemblage of earth materials grouped together into a unit that is convenient for description or
mapping.
"Formation, confining"
means the relatively impermeable formation immediately overlying a confined aquifer.
"Frequently flooded areas"
means lands in the floodplain subject to a one (1) percent or greater chance of flooding in a ny given year
and those lands that provide important flood storage, conveyance, and attenuation functions, as
determined by the Director in accordance with WAC 365-190-080(3). Frequently flooded areas perform
important hydrologic functions and may present a risk to persons and property. Classifications of
frequently flooded areas include, at a minimum, the one hundred (100) year floodplain designations of the
Federal Emergency Management Agency and the National Flood Insurance Program.
"Functions and values"
means the beneficial roles served by critical areas including, but not limited to, water quality protection
and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and
attenuation; groundwater recharge and discharge; ero sion control; wave attenuation; protection from
hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and
recreation. These beneficial roles are not listed in order of priority. Critical area functions can be used to
help set targets (species composition, structure, etc.) for managed areas, including mitigation sites.
"Geologically hazardous areas"
means areas that may not be suited to development consistent with public health, safety, or
environmental standards, because of their steep slopes, susceptibility to erosion, sliding, earthquakes, or
other geological events. For the purposes of this code, "geologically hazardous areas" are those areas
receiving high or moderate geologically hazardous classifications per BM C § 20.14.600 through §
20.14.660.
"Groundwater"
means water in a saturated zone or stratum beneath the surface of land or a surface water body.
"Groundwater management area"
means a specific geographic area or subarea designated pursuant to Chapter 173 -100 WAC for which a
groundwater management program is required.
"Groundwater management program"
means a comprehensive program designed to protect groundwater quality, to ensure groundwater
quantity, and to provide for efficient management of water resources while recognizing existing
groundwater rights and meeting future needs consistent with local and state objectives, policies, and
authorities within a designated groundwater management area or subarea and developed pursuant to
Chapter 173-100 WAC.
"Groundwater, perched"
means groundwater in a saturated zone, separated from the underlying main body of groundwater by an
unsaturated rock zone.
"Grading"
means excavating, filling or embanking of earth materials in quantities equal to or greater than fift y (50)
cubic yards, as specified per the Bremerton Municipal Code grading permit requirement.
"Grubbing"
means the removal of vegetative matter from underground, such as sod, stumps, roots, buried logs or
other debris, and shall include the incidental removal of topsoil and earth in quantities lesser than fifty (50)
cubic yards.
"Habitat conservation areas"
means areas designated as fish and wildlife habitat conservation areas.
"Habitat management plan (HMP)"
means a report prepared by a professional wildlife biologist or fisheries biologist which discusses and
evaluates critical fish and wildlife habitat functions within 300 feet of a site and evaluates the measures
necessary to maintain, enhance and improve habitat conservation on a proposed development site.
“Habitats of Local Importance”.
means These areas include a seasonal range or habitat element with which a given species has a
primary association, and which, if altered, may reduce the likelihood that the species will maint ain and
reproduce over the long term. These might include areas of high relative density or species richness,
breeding habitat, winter range, and movement corridors. These might also include habitats that are of
limited availability or high vulnerability to alterations such as cliffs, taluses, and wetlands (WAC 365-190-
030).
"Hazard areas"
means areas designated as frequently flooded areas or geologically hazardous areas due to potential for
erosion, landslide, seismic activity, mine collapse, or other geol ogical condition.
"Hazardous substances"
means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste,
regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in
WAC 173-303-090 or 173-303-100.
"High-intensity land use"
means land uses which are associated with high levels of human disturbance or substantial habitat
impacts including, but not limited to, medium- and high-density residential (more than one (1) home per
five (5) acres), multifamily residential, some agricultural practices, and commercial and industrial land
uses.
"High quality wetlands"
means those wetlands that meet the following criteria:
A. No, or isolated, human alteration of the wetland topography;
B. No human-caused alteration of the hydrology or the wetland appears to have recovered from the
alteration;
C. Low cover and frequency of exotic plant species;
D. Relatively little human-related disturbance of the native vegetation, or recovery from past
disturbance;
E. If the wetland system is degraded, it still contains a viable and high quality example of a native
wetland community; and
F. No known major water quality problems.
"Historic condition"
means a condition of the land, including flora, fauna, soil, topography, and hydrology that existed before
the area and vicinity were developed or altered by human activity.
"Hydraulic project approval (HPA)"
means a permit issued by the Washington Department of Fish and Wildlife for modifications to waters of
the state in accordance with Chapter 77.55 75.20 RCW.
"Hydric soil"
means a soil that is saturated, flooded, or ponded long enough during the growing season to develop
anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the
methods described in the approved federal wetland delineation manual and applicable regional
supplements.
"Hydrologic soil groups"
means soils grouped according to their runoff-producing characteristics under similar storm and cover
conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate
and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are
normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of water
transmission in soil. There are four (4) hydrologic soil groups:
A. Low runoff potential and a high rate of infiltration potential;
B. Moderate infiltration potential and a moderate rate of runoff potential;
C. Slow infiltration potential and a moderate-to-high rate of runoff potential; and
D. High runoff potential and very slow infiltration and water transm ission rates.
"Hydrophytic vegetation"
means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in
oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be
determined following the methods described in the approved federal wetland delineation manual and
applicable regional supplements.
"Hyporheic zone"
means the saturated zone located beneath and adjacent to streams that contains some portion of surface
waters, serves as a filter for nutrients, and maintains water quality.
"Impervious surface"
means any material which reduces or prevents absorption of stormwater into previously undeveloped
land. Permeable paving technologies shall not be classified as impervious surfaces. (See also "Paved
surface" in BMC § 20.42.040 for a discussion of impervious pavements.)
"In-kind compensation"
means to replace critical areas with substitute areas whose characteristics and functions closely
approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in
category."
"Infiltration"
means the downward entry of water into the immediate surface of soil.
"Injection well(s)"
means:
A. Class I. A well used to inject industrial, commercial, or municipal waste fluids beneath the
lowermost formation containing, within one-quarter (1/4) mile of the well bore, an underground source
of drinking water.
B. Class II. A well used to inject fluids:
1. Brought to the surface in connection with conventional oil or natural gas exploration or
production and may be commingled with wastewaters from gas plants that are an integral part of
production operations, unless those waters are classified as dangerous wastes at the tim e of
injection;
2. For enhanced recovery of oil or natural gas; or
3. For storage of hydrocarbons that are liquid at standard temperature and pressure.
C. Class III. A well used for extraction of minerals, including but not limited to the injection of fluids for:
1. In-situ production of uranium or other metals that have not been conventionally mined;
2. Mining of sulfur by Frasch process; or
3. Solution mining of salts or potash.
D. Class IV. A well used to inject dangerous or radioactive waste fluids.
E. Class V. All injection wells not included in Classes I, II, III, or IV.
"Invasive"
means a vegetative or animal species not native to a region, and marked by a tendency to spread,
especially with proclivity to replace healthy native species.
"Isolated wetlands"
means those wetlands that are outside of and not contiguous to any one hundred (100) year floodplain of
a lake, river, or stream and have no contiguous hydric soil or hydrophytic vegetation between the wetland
and any surface water.
"Non-federally regulated wetland”
means a wetland that is not jurisdictional under the federal Clean Water Act.
Sometimes referred to as “isolated wetlands,” these wetlands remain regulated under state and local laws
and rules, whether or not they are protected by federal law.
"Joint aquatic resource permits application "
means a single application form that may be used to apply for hydraulic project approvals, shoreline
management permits, approvals of exceedance of water quality standards, water quality certificati ons,
Coast Guard bridge permits, Washington State Department of Natural Resources use authorization, and
U.S. Army Corps of Engineers permits.
“Landslide Hazard Areas”
means areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic
factors consistent with WAC 365-190-030(10) and WAC 365-190-120(6).
Land Use, High-Intensity.
See "High-intensity land use."
Land Use, Low-Intensity.
See "Low-intensity land use."
Land Use, Moderate-Intensity.
See "Moderate-intensity land use."
"Low-impact development (LID)"
is a stormwater management and development strategy applied at the parcel and subdivision scale that
emphasizes conservation and use of on-site natural features integrated with engineered, small-scale
hydrologic controls to more closely mimic predevelopment hydrologic functions.
"Low-intensity land use"
means land uses which are associated with low levels of human disturbance or low habitat impacts,
including, but not limited to, passive recreation, open space, or forest management land uses.
"Lowest floor"
means the lowest floor of the lowest enclosed area, including the basement. An unfinished or flood -
resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than
a basement area, which is not considered a building's lowest floor; provided, that such enclosure is not
built so as to render the structure in violation of the applicable requirements of this title.
"Mine hazard areas"
means areas that are underlain by, adjacent to, or affected by mine workings such as adits, gangways,
tunnels, drifts, or airshafts, and those areas of probable sink holes, gas releases, or subsidence due to
mine workings. Factors that should be considered include: proximity to development, depth from gro und
surface to the mine working, and geologic material.
"Mitigation"
means avoiding, minimizing, or compensating for adverse critical areas impacts. "Mitigation," in the
following sequential order of preference, is:
A. Avoiding the impact altogether by not taking a certain action or parts of an action;
B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or
timing, to avoid or reduce impacts;
C. Rectifying the impact to wetlands, critical aquifer recharge areas, and fish and wildlife habitat
conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions
existing at the time of the initiation of the project;
D. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered
or other methods, provided the engineered method creates the minimum disturbance necessary to
mitigate the action, and the method does not adversely impact categories of critical areas other than
those being mitigated;
E. Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
F. Compensating for the impact to wetlands, critical aquifer recharge areas, and fish and wildlife
habitat conservation areas by replacing, enhancing, or providing substitute resources or
environments; and
G. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
Mitigation for individual actions may include a combination of the above measures.
"Mobile home"
means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when attached to the required utilities. The term
"mobile home" does not include a "recreational vehicle."
"Mobile home park or subdivision"
means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for
rent or sale.
"Moderate-intensity land use"
means land uses which are associated with moderate levels of human disturbance or substantial habitat
impacts including, but not limited to, low density residential (no more than one (1) home per five (5)
acres), active recreation, and moderate agricultural land uses.
"Monitoring"
means evaluating the impacts of development proposals on the biological, hydrological, and geological
elements of critical area ecosystem functions and processes, and assessing the effectiveness of required
mitigation measures through the collection and analysis of data by various methods for the purpose of
understanding and documenting changes in natural ecosystems and features compared to baseline or
pre-project conditions and/or reference sites. An important objective of monitoring mitigation projects is to
verify the impact of the project on the environment predicted in submitted/approved mitigation plans.
Monitoring also includes gathering baseline data. of such systems, and assessing the performance of
required mitigation measures throughout the collection and analysis of data by various methods for the
purpose of understanding and documenting changes in natural ecosystems and features, including
gathering baseline data.
"Native growth protection area (NGPA)"
means an area where native vegetation is preserved for the purpose of preventing harm to property and
the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining
slope stability, buffering, and protecting plants and animal habitat.
"Native vegetation"
means plant species that are indigenous to the area in question.
"Natural waters"
means waters, excluding water conveyance systems that are artificially constructed and actively
maintained for irrigation.
“Nonconformity”.
See BMC § 20.54.040, Definitions, of the nonconforming provisions of this title.
“No net loss”
means the maintenance of the aggregate of the City's critical area ecological functions and values. The
no net loss standard requires that the impacts of the development and/or use, whether permitted or
exempt, be identified and prevented or mitigated such that there are no resulting adverse impacts on
ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net
loss requirement. The no net loss standard applies at multiple scales, starting at the project site. To meet
no net loss, mitigation sequencing standards must be applied, with compensatory mitigation being a s in-
kind and near to the impact as feasible.
"Off-site compensation"
means to replace critical areas away from the site on which a critical area has been impacted.
"On-site compensation"
means to replace critical areas at or adjacent to the site on which a critical area has been impacted.
"Ordinary high water mark (OHWM)"
means the mark on all lakes, streams, and tidal waters which will be found by examining the beds and
banks and ascertaining where the presence and action of waters are so common and usual, and so long
continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation, as that condition exists on June 1, 1971, as it may naturally change
thereafter, or as it may change thereafter in accordance with permits issued by a local government or the
Department; provided, that in any area where the ordinary high water mark cannot be found, the ordinary
high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water
mark adjoining fresh water shall be the line of mean high water.
"Out-of-kind compensation"
means to replace critical areas with substitute critical areas whose characteristics do not closely
approximate those destroyed or degraded. It does not refer to replacement "out-of-category."
"Permeability"
means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or
confining bed and is independent of the force causing movement.
"Porous soil types"
means soils, as identified by the National Resources Conservation Service, U.S. Department of
Agriculture, that contain voids, pores, interstices, or other openings which allow the passing of water.
"Potable water"
means water that is safe and palatable for human use.
"Practical alternative"
means an alternative that is available and capable of being carried out after taking into consideration cost,
existing technology, and logistics in light of overall project purposes, and has less impacts to critical
areas.
"Primary association area"
means the area used on a regular basis by, is in close association with, or is necessary for the proper
functioning of the habitat of a critical species. "Regular basis" means that the habitat area is normally, or
usually, known to contain a critical species, or based on known habitat requirements of the species, the
area is likely to contain the critical species. "Regular basis" is species and population dependent. Species
that exist in low numbers may be present inf requently yet rely on certain habitat types.
"Priority habitat"
means habitat type or elements with unique or significant value to one (1) or more species as classified
by the State Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or
dominant plant species, a described successional stage, or a specific structural element.
"Project area"
means all areas within fifty (50) feet of the area proposed to be disturbed, altered, or used by the
proposed activity or the construction of any proposed structures. When the action binds the land, such as
a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area
shall include the entire parcel, at a minimum.
"Qualified professional"
means a person with experience and training in the pertinent scientific discipline, and who is a qualified
scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC
365-195-905(4). A qualified professional m ust have obtained a B.S. or B.A. or equivalent degree in
biology, engineering, environmental studies, fisheries, geomorphology, or related field, and five (5) years
of related work experience.
A. A qualified professional for habitats or wetlands must have a degree in biology and professional
experience related to the subject species, and meet the requirements set forth in BMC § 20.14.360
and BMC 20.14.740.
B. A qualified professional for a geological hazard must be a professional civil or geotechnical
engineer with experience in the field, or geologist, licensed in the State of Washington.
C. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist,
engineer, or other scientist with experience in preparing hydrogeologic assessments, and meets the
requirements set forth in BMC § 20.14.450.
D. A qualified professional for wetland must be a Professional Wetland Scientist through the Society
of Wetland Scientists professional certification program, or meet the following crit eria:
(i) A Bachelor of Science or Bachelor of Arts or equivalent degree in hydrology, soil science,
botany, ecology, resource management, or related field, or four years of full-time work
experience as a wetland professional may substitute for a degree, and
(ii) At least two additional years of full-time work experience as a wetland professional;
including delineating wetlands, preparing wetland reports, conducting function assessments,
and developing and implementing mitigation plans, and
(iii) Completion of additional wetland-specific training programs. This could include a more
comprehensive program such as the University of Washington Wetland Science and
Management Certificate Program or individual workshops on topics such as wetland
delineation, function assessment, mitigation design, hydrophytic plant or hydric soil
identification.
"Recharge"
means the process involved in the absorption and addition of water to groundwater.
"Reclaimed water"
means municipal wastewater effluent that has been adequately and reliably treated so that it is suitable
for beneficial use. Following treatment, it is no longer considered wastewater (treatment levels and water
quality requirements are given in the water reclamation and reuse standards adopted by the State
Departments of Ecology and Health).
Recreation Vehicle.
See definition in Chapter 20.42 BMC.
"Repair" or "maintenance"
means an activity that restores the character, scope, size, and design of a serviceable area, structure, or
land use to its previously authorized and undamaged condition. Activities that change the character, size,
or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical
areas are not included in this definition.
"Restoration"
means measures taken to restore an altered or damaged natural feature including:
A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the
functioning condition that existed prior to an unauthorized alteration; and
B. Actions performed to reestablish structural and functional characteristics of the critical area that
have been lost by alteration, past management activities, or catastrophic events.
"Riparian habitat"
means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and
terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion
of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large
woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian -
associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if
the ordinary high water mark cannot be identified or from the channel migration zone (CMZ). In forested
ecoregions, this is the area within one SPTH200 (minimum 100 feet) measured from the wider of the
Ordinary High Water Mark (OHWM), Channel Migration Zone (CMZ), or active floodplain. In dryland
ecoregions the Riparian Management Zone (RMZ) begins at the wider of OHWM, CMZ, or active
floodplain; its width is equal to the greater of one SPTH200, 100 feet, or the outermost point of the riparian
vegetative community. It includes the entire extent of the floodplain and the extent of vegetation adapted
to wet conditions as well as adjacent upland plant communities that directly influence the stream system.
Riparian habitat areas include those riparian areas severely altered or damaged due to human
development activities.
“Riparian Management Zone (RMZ)”
means a type of fish and wildlife habitat conservation area delineated by the Water Type Buffer
Standards of this chapter.
“Scientific process”.
means a A valid scientific process is one that produces reliable information useful in understanding the
consequences of a decision. The characteristics of a valid scientific process are as follows:
A. Peer Review. The information has been critically reviewed by other qualified scientific experts in
that scientific discipline.
B. Methods. The methods that were used are standardized in the pertinent scientific discipline or the
methods have been appropriately peer-reviewed to ensure their reliability and validity.
C. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on
reasonable assumptions supported by other studies and are logically and reasonably derived from
the assumptions and supported by the data presented.
D. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative
methods.
E. Context. The assumptions, analytical techniques, data, and conclusions are appropriately framed
with respect to the prevailing body of pertinent scientific knowledge.
F. References. The assumptions, techniques, and conclusions are well referenced with citations to
pertinent existing information.
"Scrub-shrub wetland"
means a wetland with at least thirty (30) percent of its surface area covered by woody vegetation les s
than twenty (20) feet in height at the uppermost strata.
"Section 404 permit"
means a permit issued by the U.S. Army Corps of Engineers for the placement of dredge or fill material or
clearing in waters of the United States, including wetlands, in accordance with 33 USC Section 1344.
Section 404 permits may also be for endangered species consultation. They require a consultation under
Section 7 of the Federal Endangered Species Act.
"Seeps"
means a spot where water oozes from the earth, often forming the source of a small stream.
"Seismic hazard areas"
means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking,
slope failure, settlement, or soil liquefaction, debris flows, lahars, or tsunamis. In addition, seismic hazard
areas also include areas subject to severe risk of damage because of subsidence and surface faulting
(WAC 365-190-120).
"Shorelands or shoreland areas"
means those lands extending landward for two hundred (200) feet in all directions as measured on a
horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward
two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the
streams, lakes, and tidal waters which are subject to the provisions of Chapter 90.58 RCW.
"Shorelines"
means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their
associated shorelands, together with the lands underlying them except:
A. Shorelines of statewide significance;
B. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20)
cubic feet per second (20 cfps) or less and the wetlands associated with such upstream segments;
and
C. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small
lakes.
"Shorelines of statewide significance"
means those areas defined in RCW 90.58.030(2)(e).
"Shorelines of the state"
means the total of all "shorelines," as defined in RCW 90.58.030(2)(d), and "shorelines of statewide
significance" within the state, as defined in RCW 90.58.030(2)(c).
“Site Potential Tree Height (SPTH)”
means the average maximum height of the tallest dominant trees for a given age and site class. SPTH200
represents Site Potential Tree Height after a growth period of 200 Years.
"Soil survey"
means the most recent soil survey for the local area or county by the National Resources Conservation
Service, U.S. Department of Agriculture.
"Special flood hazard areas"
means the land in the floodplain within an area subject to a one (1) percent or greater chance of flooding
in any given year. Designations of special flood hazard areas on flood insurance map(s) always include
the letters A or V.
"Special protection areas"
means aquifer recharge areas defined by WAC 173-200-090 that require special consideration or
increased protection because of unique characteristics, including, but not limited to:
A. Groundwaters that support an ecological system requiring more stringent criteria than drinking
water standards;
B. Groundwater recharge areas and wellhead protection areas that are vulnerable to pollution
because of hydrogeologic characteristics; and
C. Sole source aquifer status.
"Species"
means any group of animals classified as a species or subspecies as commonly accepted by the
scientific community.
"Species, endangered"
means any fish or wildlife species that is threatened with extinction throughout all or a significant portion
of its range and is listed by the state or federal government as an endangered species.
"Species of local importance"
means those species of local concern due to their population status or their sensitivity to habitat
manipulation, or that are game species.
"Species, priority"
means any fish or wildlife species requiring protective measures and/or management guidelines to ensure
their persistence at genetically viable population levels as classified by the Washington Department of
Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those
of recreational, commercial, or tribal importance.
"Species, threatened"
means any fish or wildlife species that is likely to become an endangered species within the foreseeable
future throughout a significant portion of its range without cooperative management or removal of threats,
and is listed by the state or federal government as a threatened species.
“Streams”
mean those areas in the City of Bremerton where the surface water flows are sufficient to produce a
defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the
passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds and
defined-channel swales. The channel or bed need not contain water year-round. This definition is not
meant to include irrigation ditches, canals, storm or surface water runoff devices or other artificial
watercourses unless they are used by fish or used to convey streams naturally occurring prior to
construction.
"Stream order"
means the term used to define the position of a stream in the hierarchy of tributaries in the watershed.
The smallest streams are the highest order (first order) tributaries. These are the upper watershed
streams and have no tributaries of their own. When two (2) first order streams meet, they form a second
order stream, and when two (2) second order streams meet they become a third order stream, and so on.
"Subdrainage basin" or "subbasin"
means the drainage area of the highest order stream containing the subject property impact area.
"Stream order" is the term used to define the position of a stream in the hierarchy of tributaries in the
watershed. The smallest streams are the highest order (first order) tributaries. These are the upper
watershed streams and have no tributaries of their own. When two (2) first order streams meet, they form
a second order stream, and when two (2) second order streams meet they become a third order stream,
and so on.
"Substantial damage"
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed fifty (50) percent of the market value of the structure
before the damage occurred.
"Substantial improvement"
means any repair, reconstruction, or im provement of a structure, the cost of which equals or exceeds fifty
(50) percent of the market value of the structure either before the improvement or repair is started, or if
the structure has been damaged and is being restored, before the damage occurred.
"Unavoidable"
means adverse impacts that remain after all appropriate and practicable avoidance and minimization
have been achieved.
"Vulnerability"
means the combined effect of susceptibility to contamination and the presence of potential contaminants.
"Water-dependent"
means a use or portion of a use that cannot exist in a location that is not adjacent to the water, but is
dependent on the water by reason of the intrinsic nature of its operations. A use that can be carried out
only on, in, or adjacent to water. Examples of water-dependent uses include: ship cargo terminal loading
areas; fishing; ferry and passenger terminals; barge loading, ship building, and dry docking facilities;
marinas, moorage, and boat launching facilities; aquaculture; float plane operations; surface water intake;
and sanitary sewer and storm drain outfalls.
"Water resource inventory area (WRIA)"
means one (1) of sixty-two (62) watersheds in the State of Washington, each composed of the drainage
areas of a stream or streams, as established in Chapter 173-500 WAC as it existed on January 1, 1997.
“Watershed”
means a water resource inventory area, salmon recovery planning area, or a subbasin as determined by
the City.
"Water table"
means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the
levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water.
"Water typing system"
means waters are classified according to WAC 222-16-031. Waters are classified into four (4) types, S, F,
Np, and Ns, based on whether the waters are shorelines of the state, their level of human and wildlife
use, whether they are perennial streams, and other characteristics. Complete criteria for the water typing
system are found in BMC § 20.14.720.
"Watercourse"
means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters
of the state including areas in which fish may spawn, reside, or through which they may pass, and
tributary waters with defined beds or banks, which influence the quality of fish habitat downstream. This
definition includes watercourses that flow on an intermittent basis or which fluctuate in level during the
year and applies to the entire bed of such watercourse whether or not the water is at peak level. This
definition does not include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial
watercourses, except where they exist in a natural watercourse that has been altered by humans.
"Well"
means a bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface
dimension for the purpose of withdrawing or injecting water or other liquids.
"Wellhead protection area (WHPA)"
means the portion of a zone of contribution for a well, wellfield, or spring, as defined using criteria
established by the Washington State Department of Ecology.
"Wetland classes," "classes of wetlands," or "wetland types"
means the descriptive classes of the wetlands taxonomic classification system of the U.S. Fish and
Wildlife Service (Cowardin, et al., 1979).
"Wetland edge"
means the boundary of a wetland as delineated based on the definitions contained in this title.
"Wetlands"
means areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created
from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those
wetlands created after July 1, 1990, that were unintentionally created as a result o f the construction of a
road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate
the conversion of wetlands. Identification of wetlands and delineation of their boundaries pursuant to this
chapter shall be done in accordance with the approved federal wetland delineation manual and applicable
regional supplements. All areas within the City meeting the wetland designation criteria in that procedure
are hereby designated critical areas and are subject to the provisions of this chapter program.
"Wetlands mitigation bank"
means a site where wetlands are restored, created, enhanced, or in exceptional circumstances,
preserved expressly for the purpose of providing compensatory mitigation in advance of authorized
impacts to similar resources.
"Zone of contribution"
means the area surrounding a well or spring that encompasses all areas or features that supply
groundwater recharge to the well or spring.
20.14.300 WETLANDS.
BMC § 20.14.310 through § 20.14.360 pertain to wetlands.
(Ord. 4965 § 7 (part), 2006; Ord. 5301 § 3 (Exh. B) (part), 2016)
20.14.310 DESCRIPTION AND PURPOSE.
(a) As identified currently in WAC 173-22-035 and as subsequently amended, identification of wetlands
and delineation of their boundaries shall be done in accordance with the approved federal wetland
delineation manual and applicable regional supplements. All areas within the City meeting the wetland
designation criteria in the identification and delineation manual, regardless of any formal identification, are
hereby designated critical areas and are subject to the provisions of this title.
(b) Wetlands help to maintain water quality; store and convey stormwater and floodwater; recharge
groundwater; provide important fish and wildlife habitat; and serve as areas for recreation, education,
scientific study and aesthetic appreciation.
(c) The City's overall goal shall be to achieve no net loss of wetlands. This goal shall be implemented
through retention of the function and value of wetlands within the City. Wetland buffers serve to moderate
runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to
maintain desirable water temperatures; provide habitat for wildlife; protect wetland resources from ha rmful
intrusion; and generally preserve the ecological integrity of the wetland area.
(d) The primary purpose of the wetland regulations is to avoid detrimental wetland impacts and achieve a
goal of no net loss of wetland function and values, and where possible enhance and restore wetlands.
(Ord. 4965 § 7 (part), 2006; Ord. 5301 § 3 (Exh. B) (part), 2016)
20.14.320 CLASSIFICATION AND DESIGNATION.
(a) Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology
wetland rating system found in the "Washington State Wetland Rating System for Western Washington"
(Department of Ecology Publication No. 14-06-029 23-06-009) or as amended and approved by Ecology.
Wetland delineations are valid for five (5) years; after such date the City shall determine whether a
revision or additional assessment is necessary. These documents contain the definitions and methods for
determining if the criteria below are met.
(1) Wetland Rating Categories.
(i) Category I. Category I wetlands are those that meet any of the following criteria:
a. Represent a unique or rare wetland type; or
b. Are more sensitive to disturbance than most wetlands; or
c. Are relatively undisturbed and contain ecological attributes that are impossible to replace
within a human lifetime; or
d. Are providing a high level of functions, scoring twenty-three (23) points or more, out of
twenty-seven (27) (DOE Wetlands Rating System, 2014); or
e. Are characterized as wetlands of high conservation value per the Washington Natural
Heritage Program (WNHP); or
f. Are characterized as a bog; or
g. Are over one (1) acre and characterized as a mature and old-growth forested wetland or
are an estuarine wetland.
(ii) Category II. Category II wetlands are those wetlands that are not Category I wetlands and
that meet any of the following criteria:
a. Provide high levels of some functions, being difficult, though not impossible to replace;
or
b. Perform most functions relatively well, scoring twenty (20) to twenty-two (22) points out
of twenty-seven (27) (DOE Wetlands Rating System, 2014); or
c. Estuarine wetlands smaller than one (1) acre or those that are distributed and larger
than one (1) acre.
(iii) Category III. Category III wetlands are those wetlands that are not Category I or II
wetlands, and that meet the following criterion:
a. Provide moderate levels of functions, scoring between sixteen (16) and nineteen (19)
points out of twenty-seven (27) (DOE Wetland Rating System, 2014).
(iv) Category IV. Category IV wetlands are those that meet the following criterion:
a. Provide low levels of functions, scoring less than sixteen (16) points out of twenty-seven
(27) (DOE Wetlands Rating System, 2014).
(2) Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the
date of adoption of the rating system by the local government as the wetland naturally changes
thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating
categories shall not change due to illegal modifications.
20.14.330 DEVELOPMENT STANDARDS - WETLANDS.
(a) Activities may only be permitted in a wetland or wetland buffer if the applicant can show that the
proposed activity will not degrade the functions and functional performance of the wetland and other
critical areas.
(b) Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this
title. The following activities are regulated if they occur in a regulated wetland or its buffer:
(1) The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter,
or material of any kind.
(2) The dumping of, discharging of, or filling with any material.
(3) The draining, flooding, or disturbing of the water level or water table.
(4) Pile driving.
(5) The placing of obstructions.
(6) The construction, reconstruction, demolition, or expansion of any structure.
(7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading,
intentional burning, or planting of vegetation that would alter the character of a regulated wetland.
(8) Class IV general forest practices under the authority of the "1992 Washington State Forest
Practices Act Rules and Regulations," WAC 222-12-030, or as thereafter amended.
(9) Activities that result in:
(i) A significant change of water temperature.
(ii) A significant change of physical or chemical characteristics of the sources of water to the
wetland.
(iii) A significant change in the quantity, timing, or duration of the water entering the wetland.
(iv) The introduction of pollutants.
(c) Activities Allowed in Wetlands. The activities listed below are allowed in wetlands. These activities
do not require submission of a critical area report, except where such activities result in a loss of the
functions and values of a wetland or wetland buffer. Any ground disturbing activity or placement of fill
within wetlands or in-water may also require state or federal approval and it is the applicant’s
responsibility to ensure that they obtain necessary authorization before beginni ng work. These activities
include:
(1) Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that
does not entail changing the structure or functions of the existing wetland.
(2) Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located
completely outside of the wetland buffer; provided, that the drilling does not interrupt the
groundwater connection to the wetland or percolation of surface water down through the soil
column. Activity does not include open-trenching. Specific studies by a hydrologist are necessary to
determine whether the groundwater connection to the wetland or percolation of surface water down
through the soil column will be disturbed.
(3) Enhancement of a wetland through the removal of nonnative invasive plant species. Removal
of invasive plant species shall be restricted to hand removal unless permits from the appropriate
regulatory agencies have been obtained for approved biological or chemical treatments.
(4) Educational and scientific research activities.
(d) Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except
restoration, scientific or educational uses, and essential public facilities where no feasible a lternative
exists.
(e) Category II and III Wetlands. With respect to activities proposed in Category II and III wetlands, the
following standards shall apply:
(1) Water-dependent activities may be allowed where there are no feasible alternatives that would
have a less adverse impact on the wetland, its buffers and other critical areas.
(2) Where nonwater-dependent activities are proposed, it shall be presumed that alternative
locations are available, and activities and uses shall be prohibited, unless the applicant
demonstrates that:
(i) The basic project purpose cannot reasonably be accomplished and successfully avoid, or
result in less adverse impact on, a wetland on another site or sites in the general region; and
(ii) All alternative designs of the project as proposed that would avoid or result in less of an
adverse impact on a wetland or its buffer, such as a reduction in the size, scope,
configuration, or density of the project, are not feasible.
(iii) Full compensation for the acreage and loss functions will be provided under the terms
established under BMC 20.14.340(f) and (g).
(f) Category III and IV Wetlands. Isolated Category III and IV wetlands less than one thousand (1,000)
square feet that meet all of the following criteria shall be exempt from the buffer provisions in subsection
(h) of this section and the normal mitigation sequencing process in BMC 20.14.340(a). Any direct impacts
to these wetlands shall be fully mitigated.
(1) Is not associated with riparian areas or buffers;
(2) Is not part of a wetland mosaic; and
(3) Does not contain habitat identified by Washington State Department of Fish and Wildlife as
essential for local populations of priority species, as identified under BMC 20.14.720.
(g) Category IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be
permitted in Category IV wetlands and associated buffers in accordance with an approved wetland report
and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish
the applicant’s objectives. Full compensation for the acreage and loss functions will be provided under the
terms established under BMC 20.14.340(f) and (g).
(h) Wetland Buffers.
(1) Standard Buffer Widths. Required standard wetland buffers, based on wetland category, are
as outlined in the following table (Table 20.14.330(h)(1)).
Table 20.14.330(h)(1) Wetland Buffer Table (Standard wetland buffer widths when
minimization measures and wildlife corridors are not provided)
Wetland Category
and Type
Buffer Width (in Feet) Based on Habitat Score
3-5 (Low) 6-7 (Medium) 8-9 (High)
I: Estuarine and
coastal wetlands 200
I: All others 100 150 300
II: Estuarine wetlands 150
II: All 100 150 300
III: All 80 150 300
IV: All 50
(2) Reduced Buffer Widths. The standard wetland buffers may be reduced by twenty-five (25)
percent according to the values presented in Table 20.14.330(h)(2) when the impact minimization
measures in Table 20.14.330(h)(3) are implemented. For wetlands that score six (6) or more points
for habitat function, the following conditions must be maintained in order to use the reduced buffers,
as follows:
(i) If an existing, relatively undisturbed vegetated corridor at least one hundred (100) feet
wide exists between the on-site wetland and other priority habitats, as defined by the
Washington State Department of Fish and Wildlife, and the off-site portion of the corridor is
already protected via an existing conservation easement, critical areas regulations, or other
legal requirement, the portion of the corridor on site must also be protected by a similar legal
protection. All other applicable criteria found in subsection (h)(4) of this section must also be
met. The evaluation of presence or absence of the conditions described above must be
completed as part of the critical areas report.
(ii) If no such corridor is present to protect, the reduced buffers alone may be used with the
other applicable criteria contained in subsection (h)(4) of this section. If an option for
protection of a corridor, as defined under subsection (h)(2)(i) of this section, exists on the
parcel, but is not provided, standard buffer widths contained in Table 20.14.330(h)(1) are
required.
(iii) The buffer widths in the table below (Table 20.14.330(h)(2)) assumes that the buffer is
vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is
unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform
needed functions, the buffer should either be planted to create the appropriate plant
community or the buffer should be widened to ensure that adequate functions of the buffer are
provided.
Table 20.14.330(h)(2) Wetland Buffer Table (Reduced wetland buffer widths when
minimization measures and corridor are provided)
Wetland Category
and Type
Buffer Width (in feet) Based on Habitat Score
3-5 (Low) 6-7 (Medium) 8-9 (High)
I: Estuarine and
coastal wetlands 150
I: All others 75 110 225
II: Estuarine wetlands 110
II: All 75 110 225
III: All 60 110 225
IV: All 40
(3) Measurement of Wetland Buffers. All buffers shall be measured horizontally from a
perpendicular line established at the wetland edge as surveyed in the field. The width of the
wetland buffer shall be determined according to the wetland category. The buffer for a wetland
created, restored, or enhanced as compensation for approved wetland alterations shall be the
same as the buffer required for the category of the created, restored, or enhanced wetland. Only
fully vegetated buffers will be considered. Lawns, walkways, driveways, and other mowed or paved
areas will not be considered buffers.
(4) Required Measures to Minimize Impacts to Wetlands. Measures are required to mitigate the
impacts and disturbances associated with surrounding land use, where applicable to a specific
proposal in order to implement Table 20.14.330(h)(2). If required measures outlined in Table
20.14.330(h)(3) are not implemented, the standard wetland buffers in Table 20.14.330(h)(1 ) shall
be required.
Table 20.14.330(h)(3) Required Measures to Minimize Impacts to Wetlands
Disturbance Required Measures to Minimize Impacts
Lights (1) Direct lights away from wetland as illustrated in a photometric plan.
Direct lights away from wetland as illustrated in a photometric plan
Only use lighting where necessary for public safety and keep lights off
when not needed
Use motion-activated lights
Use full cut-off filters to cover light bulbs and direct light only where
needed
Dim light to the lowest acceptable intensity
Limit use of blue-white colored lights in favor of red-amber hues
Use lower-intensity LED lighting
Noise (2) Locate activity that generates noise away from wetland.
In the following order or preference:
Locate activity that generates noise away from wetland
Plant a strip of dense shrub vegetation adjacent to wetland buffer
Construct a fence to reduce noise impacts on adjacent wetland and
buffer; fencing shall conform with BMC 20.14.330(i)(3)(ii)
(3) If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source.
(4) For activities that generate relatively continuous, potentially disruptive
noise, such as certain heavy industry or mining, establish an additional ten
(10) feet of heavily vegetated buffer strip immediately adjacent to the outer
wetland buffer.
Toxic runoff (5) Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered.
Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered
Establish covenants limiting use of pesticides within 150 ft. of wetland
Apply integrated pest management (These examples are not
necessarily adequate for minimizing toxic runoff if threatened or
endangered species are present at the site)
(6) Establish covenants limiting use of pesticides within one hundred fifty
(150) feet of wetland.
(7) Apply integrated pest management.
Stormwater runoff (8) Retrofit stormwater detention and treatment for roads and existing
adjacent development.
Retrofit stormwater detention and treatment for roads and existing
adjacent development
Prevent channelized or sheet flow from lawns that directly enters the
buffer
Infiltrate or treat, detain, and disperse new runoff from impervious
surfaces and lawns
(9) Prevent channelized flow from lawns that directly enters the buffer.
Table 20.14.330(h)(3) Required Measures to Minimize Impacts to Wetlands
Disturbance Required Measures to Minimize Impacts
(10) Use low intensity development (for more information refer to the
drainage ordinance and manual) best management practices where
appropriate.
Change in water
regime
(11) Infiltrate or treat, detain, and disperse into buffer new runoff from
impervious surfaces and new lawns.
Infiltrate or treat, detain, and disperse into buffer new runoff from
impervious surfaces and new lawns
Pets and human
disturbance
(12) Use privacy fencing or plant dense vegetation to delineate buffer edge
and to discourage disturbance using vegetation appropriate for the
ecoregion.
Use privacy fencing or plant dense vegetation to delineate buffer edge
and to discourage disturbance using vegetation appropriate for the
ecoregion; fencing shall conform with BMC 20.14.330(i)(3)(ii)
Place wetland and its buffer in a separate tract or protect with a
conservation easement
(13) Place wetland and its buffer in a separate tract or protect with a
conservation easement.
Dust (14) Use best management practices to control dust.
Use best management practices to control dust
Disruption of
corridors or
connections
(15) Maintain connections to off-site areas that are undisturbed.
Maintain connections to off-site areas that are undisturbed
Restore on-site corridors or connections to off-site habitats by
replanting
(16) Restore on-site corridors or connections to off-site habitats by
replanting.
(5) Increased Wetland Buffer Widths. The Director shall require increased buffer widths in
accordance with the recommendations of an experienced, qualified professional wetland scientist,
and the best available science on a case-by-case basis when a larger buffer is necessary to protect
wetland functions and values based on site-specific characteristics. This determination shall be
based on one (1) or more of the following criteria:
(i) A larger buffer is needed to protect other critical areas;
(ii) The buffer or adjacent uplands has a slope greater than fifteen (15) percent or is
susceptible to erosion and standard erosion-control measures will not prevent adverse
impacts to the wetland; or
(iii) The buffer area has minimal vegetative cover. In lieu of increasing the buffer width
where existing buffer vegetation is inadequate to protect the wetland functions and values,
implementation of a buffer planting plan may substitute. Where a buffer planting plan is
proposed, it shall include densities that are not less than three (3) feet on center for shrubs
and eight (8) feet on center for trees and require monitoring and maintenance to ensure
success. Existing buffer vegetation is considered "inadequate" and will need to be enhanced
through additional native plantings and (if appropriate) removal of nonnative plants when: (1)
nonnative or invasive plant species provide the dominant cover, (2) vegetation is lacking due
to disturbance and wetland resources could be adversely affected, or (3) enhancement
plantings in the buffer could significantly improve buffer functions.
(6) Wetland Buffer Width Averaging. The Director may allow modification of the standard wetland
buffer width in accordance with an approved wetland report and the best available science on a
case-by-case basis by averaging buffer widths. Averaging of buffer widths may only be allowed
where the applicant and a qualified professional wetland scientist demonstrate that:
(i) No feasible site design exists without buffer averaging;
(ii) It will not reduce wetland functions or functional performance;
(iii) The wetland contains variations in sensitivity due to existing physical characteristics or
the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit
from a wider buffer in places and would not be adversely im pacted by a narrower buffer in
other places;
(iv) The total area contained in the buffer area after averaging is no less than that which
would be contained within the standard buffer; and
(v) The buffer width is not reduced to less than seventy-five (75) percent of the standard
width or thirty-five (35) feet.
(7) Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer
requirements of this chapter.
(8) Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title,
wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive
nonnative weeds is required for the duration of the mitigation bond.
(9) Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with
the review procedures of this title, when providing a report consistent with BMC 20.14.360,
provided they are not prohibited by any other applicable law and they are conducted in a manner so
as to minimize impacts to the buffer and adjacent wetland:
(i) Conservation and Restoration Activities. Conservation or restoration activities aimed at
protecting the soil, water, vegetation, or wildlife.
(ii) Passive Recreation. Low-impact uses and activities which are consistent with the
purpose and function of the wetland buffer and do not detract from its integrity may be
permitted within the buffer depending on the sensitivity of the wetland. Uses may include:
a. Walkways and trails; provided, that those pathways that are generally parallel to the
perimeter of the wetland may be located in the outer twenty-five (25) percent of the buffer
area and located to avoid removal of significant trees; provided, that:
i. They are no wider than six (6) feet, and generally constructed with a surface that
does not interfere with substrate permeability. Raised boardwalks utilizing nontreated
pilings may be acceptable; and
ii. They shall be limited to pedestrian use; and
iii. They shall not be allowed to fully enclose a habitat area or buffer; and
iv. They are subject to closure (at the Director’s discretion) during critical spawning,
migration or breeding time periods of the species present;
v. any associated stream crossing and viewing areas shall not be located within 50 feet of
salmonid spawning or holding areas and shall be designed to minimize the potential for
domestic pets to enter the stream channel. Where trails and related facilities are
proposed within a buffer, mitigation sequencing and an alternatives analysis shall be
documented in a habitat management plan and get concurrence from affected Tribes and
WDFW/DOE.
b. Wildlife viewing structures; and
c. Fishing access areas down to the water’s edge that shall be no larger than six (6) feet
and shall not be located within 50 feet of salmonid spawning or holding areas.
(iii) Stormwater Management Facilities. Stormwater management facilities, limited to
stormwater dispersion outfalls and bioswales, may be allowed within the outer twenty-five (25)
percent of the buffer of Category III or IV wetlands only; provided, that:
a. No other location is feasible; and
b. The location of such facilities will not degrade the functions or values o f the wetland.
(iv) Low-Impact Development (LID) Facilities. LID facilities may be allowed within the buffer
of Category III or IV wetlands only; provided, that:
a. No other location is feasible; and
b. The location of such facilities will not degrade the functions or values of the wetland.
(i) Signs and Fencing of Wetlands.
(1) Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas
to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such
a way as to ensure that no unauthorized intrusion will occur and is subject to inspection prior to the
commencement of permitted activities. This temporary marking shall be maintained throughout
construction and shall not be removed until permanent signs, if required, are in place.
(2) Permanent Signs. As a condition of any permit or authorization issued pursuant to this
chapter, the Director may require the applicant to install permanent signs along the boundary of a
wetland or buffer.
(i) Permanent signs shall be made of an enamel-coated metal face and attached to a metal
post, or another nontreated material of equal durability. Signs must be posted at an interval of
one (1) per lot or every fifty (50) feet, whichever is less, and must be maintained by the
property owner in perpetuity. The sign shall be worded as follows or with alternative language
approved by the Director:
Protected Wetland Area
Do Not Disturb
Contact City of Bremerton
Department of Community Development
Regarding Uses and Restriction
(3) Fencing.
(i) The Director shall seek consultation with affected agencies and tribes as necessary, in
such cases, comments shall be received within 14 days of the request for comment , to
determine if fencing is necessary to protect the functions and values of the critical area. If
found to be necessary, any permit or authorization issued pursuant to this chapter shall be
conditioned to require the applicant to install a permanent fence at the edge of the wetland
buffer when fencing will prevent future impacts to the wetland.
(ii) Fencing installed as part of a proposed activity or as required in this subsection shall be
designed so as to not interfere with species migration, including fish runs, and shall be
constructed in a manner that minimizes impacts to the wetland and associated habitat. (Ord.
5418 §5, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.340 MITIGATION REQUIREMENTS - WETLANDS.
Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions.
Compensatory mitigation sites plans shall be fully vegetated with native species, maintained for a
minimum of five (5) years, be protected in perpetuity through legal mechanisms such as conservation
easements or critical area tracts, and be consistent with the State Department of Ecology publication
"Guidance on Wetland Mitigation in Washington State," 2006 (Publication Nos. 06 -06-011a and 06-06-
011b) Wetland Mitigation in Washington State–Part 1: Policies and Guidance—Version 2, Ecology
Publication #21-06-003, or as revised.
(a) Mitigation shall be required in the following order of preference:
(1) Avoiding the impact altogether by not taking a certain action or parts of an action.
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
(4) Reducing or eliminating the impact over time by preservation and maintenance operations.
(5) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments.
(6) Monitoring the impact and taking appropriate corrective measures.
(b) Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions
affected by the alteration to achieve functional equivalency or improvement and shall provide similar
wetland functions as those lost, except when:
(1) The lost wetland provides minimal functions as determined by a site-specific function
assessment, and the proposed compensatory mitigation action(s) will provide equal or greater
functions or will provide functions shown to be limiting within a watershed through a formal
Washington State watershed assessment plan or protocol; or
(2) Out-of-kind replacement will best meet formally identified watershed goals, such as
replacement of historically diminished wetland types.
(c) Preference of Mitigation Actions. Mitigation actions that require compensation by replacing,
enhancing, or substitution shall occur in the following order of preference:
(1) Restoration: The manipulation of the physical, chemical, or biological characteristics of a site
with the goal of returning natural/historic functions and environmental processes to a former or
degraded wetland. Restoring wetlands on upland sites that were formerly wetlands.
(2) Establishment (Creation): The manipulation of the physical, chemical, or biological
characteristics of a site to develop a wetland on an upland where a wetland did not previously exist
at an upland site. Establishment results in a gain in wetland area and functions. Creating wetlands
on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative
introduced species. This should only be attempted when there is a consistent source of hydrology
and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland
community that is being designed.
(3) Preservation (Protection/Maintenance): The removal of a threat to, or preventing the decline
of, wetlands by an action in or near those wetlands. This term includes activities commonly
associated with the protection and maintenance of wetlands through the implementation of
appropriate legal and physical mechanisms such as recording conservation easements and
providing structural protection like fences and signs. Preservation does not result in a gain of
aquatic resource area or functions but may result in a gain in functions over the long term.
Enhancing significantly degraded wetlands in combination with restoration or creation. Such
enhancement should be part of a mitigation package that includes replacing the impacted area
meeting appropriate ratio requirements.
(4) Enhancement: The manipulation of the physical, chemical, or biological characteristics of a
wetland to heighten, intensify, or improve specific wetland function(s). Enhancement is undertaken
for specified purposes such as water quality improvement, flood water retention, or wildlife habitat.
Enhancement results in the gain of selected wetland function(s) but may also lead to a decline in
other wetland function(s). Enhancement does not result in a gain in wetland area. Enhancement
activities could include planting vegetation, controlling non-native or invasive species, and
modifying site elevations to alter hydroperiods in existing wetla nds.
(d) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological
functioning would result from an alternate approach, compensatory mitigation for ecological functions
shall be either in kind and on site, or in kind a nd within the same stream reach, subbasin, or drift cell.
Mitigation actions shall be conducted within the same subdrainage basin and on the site as the alteration
except when all of the following apply:
(1) There are no reasonable on-site or in-subdrainage basin opportunities or on-site and in-
subdrainage basin opportunities do not have a high likelihood of success, after a determination of
the natural capacity of the site to mitigate for the impacts. Consideration should include: anticipated
wetland mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic
classes of on-site wetlands when restored, proposed flood storage capacity, potential to mitigate
riparian fish and wildlife impacts (such as connectivity);
(2) Off-site mitigation has a greater likelihood of providing equal or improved wetland functions
than the impacted wetland; and
(3) Off-site locations shall be in the same subdrainage basin unless:
(i) Established watershed goals for water quality, flood or conveyance, habitat, or other
wetland functions have been established and strongly justify location of mitigation at another
site; or
(ii) Credits from a state-certified wetland mitigation bank or state-approved in-lieu fee (ILF)
site are used as mitigation and the use of credits is consistent with the terms of the bank’s
certification or ILF approval.
(e) Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to
activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following
disturbance and prior to use or occupancy of the activity or development. Construction of mitigation
projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
(1) The Director may authorize a one (1) time temporary delay, up to one hundred twenty (120)
days, in completing minor construction and landscaping when environmental conditions could
produce a high probability of failure or significant construction difficu lties. The delay shall not create
or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall
not be injurious to the health, safety, and general welfare of the public. The request for the
temporary delay must include a written justification that documents the environmental constraints
that preclude implementation of the mitigation plan. The justification must be verified and approved
by the City and include a financial guarantee.
(f) Mitigation Ratios.
(1) Acreage Replacement Ratios. The following ratios shall apply to creation or restoration that is
in kind, is on site, is the same category, is timed prior to or concurrent with alteration, and has a
high probability of success. Creation of Category I wetlands, specifically bogs and heritage sites, is
not possible, per Wetland Mitigation in Washington State–Part 1: Policies and Guidance—Version
2, Ecology Publication #21-06-003, or as revised “Wetland Mitigation in Washington State: Part 1 –
Agency Policies and Guidance” (Version 1, Ecology Publication No. 06-06-011a, March 2006, or as
amended). These ratios do not apply to remedial actions resulting from unauthorized alterations;
greater ratios shall apply in those cases. These ratios do not apply to the use of credits from a
state-certified wetland mitigation bank or approved ILF site. When credits from a certified bank or
approved ILF site are used, replacement ratios should be consistent with the requirements of the
bank’s certification or site’s approved instrument. The first number specifies the acreage of
replacement wetlands and the second specifies the acreage of wetlands altered.
Wetland
Category
Wetland Mitigation Type and Replacement Ratio
Creation Reestablishment Rehabilitation Enhancement
Only
Preservation
Category I 6:1* 6:1 12:1 Not allowed 16:1
Category II 3:1 3:1 6:1 12:1 12:1
Category III 2:1 2:1 4:1 8:1 8:1
Category IV 1.5:1 1.5:1 3:1 6:1 6:1
*Wetland creation, reestablishment, rehabilitation, or enhancement is not allowed for
Category I bogs and heritage sites; bogs require 24:1 Preservation ratio
(2) Increased Replacement Ratio. The Director may increase the ratios under the following
circumstances:
(i) Uncertainty exists as to the probable success of the proposed restoration or creation;
(ii) A significant period of time will elapse between impact and replication of wetland
functions;
(iii) Proposed mitigation will result in a lower category wetland or reduced functions relative
to the wetland being impacted; or
(iv) The impact was an unauthorized impact.
(g) Wetlands Enhancement as Mitigation.
(1) Impacts to wetland functions may be mitigated by enhancement of existing significantly
degraded wetlands, but where feasible should be used in conjunction with restoration and/or
creation. Applicants proposing to enhance wetlands must produce a wetland report that identifies
how enhancement will increase the functions of the degraded wetland and how this increase will
adequately mitigate for the loss of wetland area and function at the impact site. An enhancement
proposal must also show whether existing wetland functions will be reduced by the enhancement
actions.
(2) Ratios for rehabilitation and enhancement may be reduced when combined with one to one
(1:1) replacement through creation or reestablishment. See Table 1a, Wetland Mitigation in
Washington State–Part 1: Policies and Guidance—Version 2, Ecology Publication #21-06-003, or
as revised Wetland Mitigation in Washington State - Part 1: Agency Policies and Guidance -
Version 1 (Ecology Publication No. 06-06-011a, Olympia, WA, March 2006 or as revised).
(h) Mitigation of Wetland Buffer Impacts. Compensation for wetland buffer impacts shall occur at a
minimum one to one (1:1) ratio. Compensatory mitigation for buffer impacts shall include enhancement of
degraded buffers by planting native species and removing structures and impervious surfaces within
buffers.
(i) Wetland Mitigation Banks.
(1) Credits from a wetland mitigation bank may be approved for use as compensation for
unavoidable impacts to wetlands when:
(i) The bank is certified under Chapter 173-700 WAC; and
(ii) The Director determines that the wetland mitigation bank provides appropriate
compensation for the authorized impacts; and
(iii) The proposed use of credits is consistent with the terms and conditions of the bank’s
certification.
(2) Replacement ratios for projects using bank credits shall be consistent with replacement ratios
specified in the bank’s certification.
(3) Credits from a certified wetland mitigation bank may be used to compensate for impacts
located within the service area specified in th e bank’s certification. In some cases, bank service
areas may include portions of more than one (1) adjacent drainage basin for specific wetland
functions.
(j) Wetland Mitigation Monitoring. The mitigation plan shall include a program for monitoring
construction of the compensation project and for assessing a completed project. A protocol shall be
included outlining the schedule for site monitoring, and how the monitoring data will be evaluated. A
monitoring report shall be submitted as needed to document milestones, successes, problems, and
contingency actions of the compensation project. The compensation project shall be monitored for a
period necessary to establish that performance standards have been met, but not for a period less than
five (5) years. The Director shall have the authority to modify or extend the monitoring period and require
additional monitoring reports for up to ten (10) years when any of the following conditions apply:
(1) The project does not meet the performance standards identified in the mitigation plan;
(2) The project does not provide adequate replacement for the functions and values of the
impacted critical area;
(3) The project involves establishment of forested plant communities, which require longer time
for establishment. (Ord 5418 §6, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.350 PERFORMANCE STANDARDS - SUBDIVISIONS.
The subdivision and short subdivision of land in wetlands and associated buffers is subject to the
following:
(a) Land that is located wholly within a wetland or its buffer may not be subdivided.
(b) Land that is located partially within a wetland or its buffer may be subdivided; provided, that an
accessible and contiguous portion of each new lot is located outside of the wetland and its buffer.
(c) Access roads and utilities serving the proposed subdivision may be permitted within the wetland and
associated buffers only if the City determines that no other feasible alternative exists and when consistent
with this title and all other required state and federal approvals. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4965 §7 (part), 2006)
20.14.360 WETLAND REPORT.
Critical area reports for wetlands must meet the requirements of this section.
(a) Preparation by a Qualified Professional. A critical area report for wetlands shall be prepared by a
qualified professional who is a certified professional wetland scientist or a noncertified professional
wetland scientist with a minimum of five (5) years experience in the field of wetland science and with
experience preparing wetland reports.
(b) Area Addressed in Wetland Report. The following areas shall be addressed in a critical area report
for wetlands:
(1) The project area of the proposed activity;
(2) All wetlands and recommended buffers within three hundred (300) feet of the project area;
and
(3) All shoreline areas, water features, floodplains, and other critical areas, and related buffers
within three hundred (300) feet of the project area.
(c) Wetland Analysis. A critical area report for wetlands shall contain an analysis of the wetlands
including the following site- and proposal-related information at a minimum:
(1) A written assessment and accompanying maps of the wetlands and buffers within three
hundred (300) feet of the project area, including the following information at a minimum:
(i) Wetland delineation and required buffers;
(ii) Existing wetland acreage;
(iii) Wetland category;
(iv) Vegetative, faunal, and hydrologic characteristics;
(v) Soil and substrate conditions;
(vi) Topographic elevations, at two (2) foot contours; and
(vii) A discussion of the water sources supplying the wetland and documentation of
hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland,
evidence of recharge or discharge, evidence of water depths throughout the year: drift lines,
algal layers, moss lines, and sediment deposits).
(2) A discussion of measures, including avoidance, minimization, and mitigation, proposed to
preserve existing wetlands and restore any wetlands that were degraded prior to the current
proposed land use activity.
(3) A habitat and native vegetation conservation strategy that addresses methods to protect and
enhance on-site habitat and wetland functions.
(4) Functional evaluation for the wetland and adjacent buffer using a local or state agency staff -
recognized method and including the reference of the method and all data sh eets.
(5) Proposed mitigation, if needed, including a written assessment and accompanying maps of
the mitigation area, including the following information at a minimum:
(i) Existing and proposed wetland acreage;
(ii) Vegetative and faunal conditions;
(iii) Surface and subsurface hydrologic conditions including an analysis of existing and
future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored
mitigation areas;
(iv) Relationship within watershed and to existing waterbodies;
(v) Soil and substrate conditions, and topographic elevations;
(vi) Existing and proposed adjacent site conditions;
(vii) Required wetland buffers (including any buffer reduction and mitigation proposed to
increase the plant densities, remove weedy vegetation, and replant the buffers);
(viii) Property ownership; and
(ix) Associated wetlands and related wetlands that may be greater than three hundred (300)
feet from the subject project.
(6) A scale map of the development proposal site and adjacent area. A discussion of ongoing
management practices that will protect wetlands after the project site has been developed,
including proposed monitoring and maintenance programs.
(7) A bond estimate for the installation (including site preparation, plant materials and installation,
fertilizers, mulch, stakes) and the proposed monitoring and maintenance work for the required
number of years.
(8) Title Notification. All activity in critical area protection areas shall be accompanie d by a title.
(d) Additional Information. When appropriate, the Director may shall also require the wetland report to
include an evaluation by the State Department of Ecology, affected tribes, or an independent qualified
expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or
programs, and to include any recommendations as appropriate.
(1) If the development proposal site contains or is within a wetland area, the applicant shall
submit an affidavit which declares whether the applicant has knowledge of any illegal alteration to
any or all wetlands on the proposed site and whether the applicant previously has been found in
violation of this chapter. If the applicant has been found previously in violation, the applicant shall
declare whether such violation has been corrected to the satisfaction of the jurisdiction.
(2) The Director shall determine if the mitigation and monitoring plans and bonding measures
proposed by the applicant are sufficient to protect the public health, safety, and welfare, consistent
with the goals, purposes, objectives and requirements of this chapter. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.400 CRITICAL AQUIFER RECHARGE AREAS.
BMC 20.14.410 through 20.14.450 pertain to critical aquifer recharge areas. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.410 DESCRIPTION AND PURPOSE.
Groundwater from aquifers provides a source of potable water and contributes to st ream discharge/flow.
Critical aquifer recharge areas contribute to the recharge of aquifers, springs and/or wells and are
susceptible to contamination of water supplies through infiltration of pollutants through the soil. City
residents rely on an essential life-sustaining safe drinking water supply. A significant portion of the City’s
drinking water comes from groundwater supplies in aquifers. The primary goals of groundwater protection
regulations are to protect groundwater quality by maintaining the quantity of recharge; avoiding or limiting
land use activities that pose potential risk of aquifer contamination; and to minimize or avoid adverse
impacts to groundwater protection areas through the application of performance standards, and to comply
with the requirements of the Federal Safe Drinking Water Act, Washington Administrative Code, and the
requirements of the Wellhead Protection Program. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.420 CLASSIFICATION AND DESIGNATION.
Critical aquifer recharge areas are those land areas that contain hydrogeologic conditions that facilitate
aquifer recharge and/or transmission of contaminants to an underlying aquifer. Critical aquifer recharge
areas under this section may be established based on general criteria, specifically designated due to
special circumstances, or based on scientific studies and mapping efforts. Factors considered in the
identification of critical aquifer recharge areas include depth to water table, presence of highly perme able
soils (specifically Group A hydrologic soils), presence of flat terrain, and the presence of more permeable
surficial geology. Critical aquifer recharge areas may be placed in one (1) of the following categories:
(a) Category I Critical Aquifer Recharge Areas. Category I critical aquifer recharge areas are those
areas where potential for certain land use activities to adversely affect groundwater is high. Category I
critical aquifer recharge areas include:
(1) Areas inside the five (5) year time-of-travel zone for Group A water system wells, calculated in
accordance with the Washington State Source Water Assessment Program.
(2) Ten (10) year time-of-travel zones in wellhead protection areas are included as critical aquifer
recharge when a well draws its water from an aquifer that is at or above sea level and is without an
overlying protective impermeable layer.
(3) Areas identified as regionally significant aquifer recharge areas and identified as such by the
City are:
(i) Gorst Basin Aquifer recharge area, and
(ii) Other areas that may be identified in the future.
(b) Category II Critical Aquifer Recharge Areas. Category II critical aquifer recharge areas are areas
that provide recharge to aquifers that are current or potentially will become potable water supplies and
are vulnerable to contamination based on the type of land use activity. These include the following:
(1) Highly Permeable Soils (Group A Hydrologic Soils). The general location and characteristics
of Group A hydrologic soils in the City is given in the Soils Survey of Kitsap County by the U.S.
Department of Agriculture, Natural Resources Conservation Service (NRCS). The soil survey
information is available at the Department of Community Development.
(2) Areas Above Shallow/Vashon Principal Aquifers. Surface areas above shallow, principal
aquifer(s) which are not separated from the underlying aquifers by an impermeable layer that
provides adequate protections to preclude the proposed land use from contaminating th e shallow
aquifer(s) below, are considered aquifer recharge areas of concern. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.430 DEVELOPMENT STANDARDS.
(a) Allowed Activities. The following activities are allowed in critical aquifer recharge areas and do not
require submission of a hydrogeological assessment:
(1) Construction of structures and improvements, including additions, resulting in less than five (5)
percent or two thousand five hundred (2,500) square feet (whichever is greater) total site
impervious surface area that does not result in a change of use or increase the use of a hazardous
substance.
(2) Development and improvement of parks, recreation facilities, open space, or conservation
areas resulting in less than five (5) percent total site impervious surface area that do not increase
the use of a hazardous substance.
Standards for development shall be in accordance with the provisions below and the requirements
of other underlying City regulations.
(3) On-site domestic septic systems releasing less than fourteen thousand five hundred (14,500)
gallons of effluent per day and that are limited to a maximum density of one (1) system per one (1)
acre.
(4) Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides,
and fertilizers that do not exceed times and rates specified on the packaging.
(5) Residential storage or use of petroleum and petroleum products.
(6) Activities which have a potential contamination source below threshold amounts as set forth in
applicable statutes of the Revised Code of Washington or local regulations. The purpose of this
clause is to allow for small-scale and residential activities thought to have no significant impacts to
critical aquifer recharge areas.
(7) Single-family residential construction, unless otherwise required by the Kitsap County Public
Health District.
(b) Prohibited Activities. The following activities and uses are prohibited in Category I critical aquifer
recharge areas:
(1) Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, and
wood waste;
(2) Underground Injection Wells. Wells which meet the requirements of Chapters 173-
218 and 173-200 WAC with the exception of 5B22, 5D2, 5G30, 5W12, 5W32, 5R21, and 5S23;
(3) Commercial mining and washing of metals, hard rock, sand and gravel;
(4) Chemical wood preservation and/or treatment facilities;
(5) Storage, processing, or disposal of radioactive substances;
(6) Commercial activities that are not connected to an available sanitary sewer system;
(7) Use or storage of pesticides listed as "State restricted use pesticides" by Chapter 16-
228 WAC;
(8) Within one thousand six hundred (1,600) feet of Twin Lakes, any use of pesticides, and use of
fertilizers above agronomic rates;
(9) Oil and gas drilling as defined in WAC 332-12-450 and Chapter 173-218 WAC;
(10) Underground storage of hazardous substances as regulated by Chapter 173-360 WAC;
(11) Use, storage, treatment, or production of perchlorethylene (PCE), other than in closed-loop
systems that do not involve any discharge of PCE;
(12) Petroleum refining, reprocessing, storage and petroleum -product pipelines;
(13) Electroplating/metal finishing;
(14) Activities that would significantly reduce the recharge to aquifers currently or potentially used
as a potable water source; and
(15) Activities that would significantly reduce the recharge to aquifers that are a source of
significant base flow to a regulated stream. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.440 ALLOWED USES WITH PERFORMANCE STANDARDS.
(a) General Requirements. Any activity not specifically exempted through BMC 20.14.430 as allowed or
prohibited may be permitted in a critical aquifer recharge area if all of the following criteria are met (a list
of specific uses with a potential threat to groundwater can be found in subsection (b) of this section):
(1) Hydrogeological Assessment.
(i) For Category I aquifer recharge areas the applicant must show through a hydrogeological
assessment that the proposed activity will not cause significant impact to aquifer quality or
recharge. The hydrogeological assessment will be evaluated and treated as a special use
review and be reviewed by the Department, the health district, affected tribes, and affected
water purveyors. An incompatible activity can be denied by the Director;
(ii) For Category II aquifer recharge areas a hydrogeological assessment may be required.
The scope of the report shall be based on site-specific conditions. The hydrogeological
assessment will be evaluated and treated as a special use review and be reviewed by the
Department, the health district, affected tribes, and affected water purveyors. An incompatible
activity can be denied by the Director. The need for additional information will be determined
by the Department, the health district, and the affected water purveyor. Based on the report,
controls, mitigation, and/or other requirements will be established as a prerequisite for the
development proposal being approved.
(2) The proposed activity must comply with the source water protection requirements and
recommendations of the U.S. Environmental Protection Agency, Washington State Department of
Health, Washington Department of Ecology, and the Kitsap County Health District.
(3) The proposed activity shall be designed and constructed in accordance with BMC Title 15,
Municipal Utilities.
(4) The applicant must explore low-impact development site design alternatives and implement
them. Low-impact development techniques can include, but are not limited to:
(i) Rainwater harvesting;
(ii) Reverse slope sidewalks;
(iii) Vegetated roofs;
(iv) Bioretention areas (rain gardens); and
(v) Pervious pavement.
(b) Potential Threats to Groundwater. Specific uses with potential threats to groundwater can include,
but are not limited to the following. Uses meeting the listed performance standards may be allowed if the
criteria of this section are met.
(1) Anything that is not exempt per BMC 20.14.430.
(2) All storage tanks proposed to be located in a critical aquifer recharge area must comply with
local building code requirements and must conform to the following requirements:
(i) All new above-ground storage facilities proposed for use in the storage of hazardous
substances or hazardous wastes shall be designed and constructed so as to:
a. Not allow the release of a hazardous substance to the ground, groundwaters, or
surface waters;
b. Have a primary containment area enclosing or underlying the tank or part thereof;
and
c. A secondary containment system either built into the tank structure or a dike system
built outside the tank for all tanks.
(3) Vehicle Repair and Servicing.
(i) Vehicle repair and servicing must be conducted over impermeable pads and within a
covered structure capable of withstanding normally expected weather conditions. Chemicals
used in the process of vehicle repair and servicing must be stored in a manner that protects
them from weather and provides containment should leaks occur.
(ii) No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle
repair and servicing. Dry wells existing on the site prior to facility establishment must be
abandoned using techniques approved by the State Department of Ecology prior to
commencement of the proposed activit y.
(4) Water reuse projects for reclaimed water must be in accordance with the adopted water or
sewer comprehensive plans that have been approved by the State Departments of Ecology and
Health.
(i) Use of reclaimed water for surface percolation must meet the groundwater recharge
criteria given in RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology may
establish additional discharge limits in accordance with RCW 90.46.080(2).
(ii) Direct injection must be in accordance wit h the standards developed by authority of
RCW 90.46.042.
(5) Automobile washers as defined in Chapter 173-216 WAC.
(6) Chemical treatment storage and disposal facilities as defined in WAC 173-303-182.
(7) Hazardous waste generators, including, but not limited to: boat repair shops, biological
research facilities, dry cleaners, furniture stripping, motor vehicle service garages, photographic
processing, printing and publishing shops, medical and dental facilities, etc., as defined in
Chapter 173-303 WAC.
(8) Junk yards and salvage yards as defined in Chapter 173-304 WAC, Best Management
Practices to Prevent Stormwater Pollution at Vehicle Recycler Facilities (WDOE publication number
94-146).
(9) On-site sewage systems (large scale) as defined in Chapter 173-240 WAC.
(10) On-site sewage systems (less than fourteen thousand five hundred (14,500) gal./day) as
defined in Chapter 246-272 WAC.
(11) Pesticide storage and use as defined in Chapters 15.54 and 17.21 RCW.
(12) Sawmills as defined in Chapters 173-303 and 173-304 WAC, WDOE publication number 95-
53, Best Management Practices to Prevent Stormwater Pollution at Log Yards.
(13) Solid waste handling and recycling facilities as defined in Chapter 173-304 WAC.
(14) Wastewater application to land surface as defined in Chapters 173-216 and 173-200 WAC,
and WDOE Land Application Guidelines, Best Management Practices for Irrigated Agriculture.
(15) New impervious surface area exceeding twenty thousand (20,000) square feet.
(16) Beneficial use of biosolids as defined in Chapter 173-308 WAC.
(17) Golf courses, provided:
(i) Fertilizer use is not above agronomic rates;
(ii) Pesticides are managed and applied by properly licensed personnel, and use of all
pesticides is approved by the affected water utility;
(iii) The golf course allows for periodic monitoring by the Department or an affected water
utility.
(18) Noncommercial gravel and sand mining, provided the extraction of materials remains no less
than ten (10) feet above the level of the aquifer.
(c) Affected Agency Review. The City will notify Kitsap County Health District and affected water utilities
and will request them to comment during the preliminary phases of the City’s review process on all
proposed projects defined in subsection (b) of this section or other uses not explicitly allowed or
prohibited in BMC 20.14.430. The City in conjunction with these agencies may approve, deny, or
condition proposals.
(d) Inspection. City personnel may inspect at reasonable times, upon presentation of credentials, as
part of its wellhead protection program any activity that is known to manage or potentially manage
hazardous materials. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.450 HYDROGEOLOGIC ASSESSMENT.
The assessment shall address the impact the proposed land use will have on both the quality and
quantity of the water transmitted to the aquifer.
(a) The assessment shall be submitted to the Department and shall address, at a minimum, the
following criteria:
(1) Surficial soil type and geologic setting;
(2) Location and identification of wells within one thousand (1,000) feet of the site;
(3) Location and identification of surface water bodies and springs within one thousand (1,000)
feet of the site with recharge potential;
(4) Description of underlying aquifers and aquitards, including water level, gradients and flow
direction;
(5) Available surface water and groundwater quality data;
(6) Effects of the proposed development on water quality;
(7) Sampling schedules required to assure water quality;
(8) Discussion of the effects of the proposed development on the groundwater resource;
(9) Recommendations on appropriate BMPs (best management practices) or mitigation to assure
no significant degradation of groundwater quality; and
(10) Other information as required by the Kitsap County Health District.
(11) The assessment shall also address the types of pesticides, herbicides and fertilizers that can
safely be used for the care of landscaping proposed by the applicant.
(b) The hydrogeologic assessment shall be prepared by a professional geologist/hydrologist or by a soil
scientist with a strong background in geology (see definition of "Qualified professional", as defined in
BMC 20.14.200).
(c) Applications for development or operations with underground storage of petroleum products will be
processed using the appropriate procedure as specified in existing Kitsap Cou nty ordinances.
(d) Analysis for a specific parcel(s), using the criteria outlined below, will be employed to confirm if the
soils present require a recharge area designation. Data collection will include, at a minimum, six (6) soil
logs to a depth of ten (10) feet (or to a depth four (4) feet below the lowest proposed excavation point
whichever is greater) for each acre in the parcel(s) being evaluated. At least one (1) well, two hundred
(200) feet or greater in depth with an adequate drilling report, m ust be available within one (1) mile. The
associated data shall be analyzed and included in the hydrogeologic assessment to determine the
presence of highly permeable soils with the recharge area designation. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.500 FREQUENTLY FLOODED AREAS.
BMC 20.14.500 through 20.14.530 pertain to frequently flooded areas. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.510 DESCRIPTION AND PURPOSE.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas caused by flooding, while protecting the
functions and values of the floodplains. In addition, this section will give special consideration to
anadromous fish habitat in combination with BMC 20.14.700, Fish and Wildlife Habitat Conservation
Areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.520 CLASSIFICATION AND DESIGNATION.
Frequently flooded areas are those areas established as areas of special flood hazard under
Chapter 17.60 BMC, Floodplain Management. Under Chapter 17.60 BMC, this includes those areas of
special flood hazard identified by the Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for Kitsap County and Incorporated Areas" dated November 4,
2010, and any revisions thereto, with accompanying flood insurance rate maps (FIRM), and any revisions
thereto. The best available information for flood hazard area identification as outlined in
BMC 17.60.140(b) shall be the basis for regulation until a new FIRM is issued that incorporates data
utilized under BMC 17.60.140(b). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.530 DEVELOPMENT STANDARDS.
(a) All development proposals shall comply with Chapter 17.60 BMC for general and specific flood
hazard protection. Development shall not reduce the base flood water storage ability. Construction,
grading or other regulated activities that would reduce the flood water storage ability must be mitigated by
creating compensatory storage on or off site.
(b) Base flood data and flood hazard notes shall be shown on the face of any recorded plat or site plan
including, but not limited to, base flood elevations, flood protection elevation, boundary of floodplain, and
zero rise floodway.
(c) Unless exempted in subsection (d) of this section, when development occurs within the floodplain, a
habitat assessment is required, that is prepared in accordance with Regional Guidance for Floodplain
Habitat Assessment and Mitigation (FEMA Region X, 2010), or as hereafter amended. When appropriate,
the Director will also require the habitat assessment to include an evaluation by affected tribes, or an
independent qualified expert, regarding the applicant’s analysis and the effectiveness of any proposed
mitigating measures or programs, and to include any recommendations as appropriate. The assessment
shall determine if the project would adversely affect:
(1) The primary constituent elements identified when a species is listed as threatened or
endangered;
(2) Essential fish habitat designated by the National Marine Fisheries Service;
(3) Fish and wildlife habitat conservation areas;
(4) Vegetation communities and habitat structures;
(5) Water quality;
(6) Water quantity, including flood and low flow depths, volumes and velocities;
(7) The channel’s natural planform pattern and migration processes;
(8) Spawning substrate, if applicable; and/or
(9) Floodplain refugia, if applicable.
(d) The following activities do not require completion of a floodplain habitat assessment:
(1) Repair of existing building in its existing footprint, including damages by fire or other
casualties;
(2) Removal of noxious weeds;
(3) Replacement of nonnative vegetation with native vegetation;
(4) Ongoing activities such as lawn and garden maintenance;
(5) Removal of danger trees;
(6) Normal maintenance of public utilities and facilities;
(7) Restoration or enhancement of floodplains, riparian areas and streams that meets federal and
state standards. (Ord. 5418 §7, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.600 GEOLOGICALLY HAZARDOUS AREAS.
BMC 20.14.600 through 20.14.660 pertain to geologically hazardous areas. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.610 PURPOSE.
The purpose of BMC 20.14.600 through 20.14.660 is to protect human life and property from potential
risks related to development on or near geologically hazardous areas. Geologicall y hazardous areas
include areas susceptible to erosion, sliding, geologic events, landslides, and moderate and steep slope
areas. BMC 20.14.600 through 20.14.660 classify geologically hazardous areas and set development
standards for development and clearing in or near geologically hazardous areas. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.620 CLASSIFICATION.
The following categories shall be used in classifying geologically hazardous areas:
(a) Areas of high geologic hazard are areas meeting either of the following two (2) criteria:
(1) Areas with slopes greater than forty (40) percent with vertical relief of ten (10) or more feet; or
(2) Areas with slopes greater than thirty (30) percent with vertical relief of ten (10) or more feet,
and any of the following characteristics:
(i) Unstable soil or shoreline classified as "unstable" (U), "unstable old slides" (UOS),
"unstable recent slides" (URS), or "intermediate" (I) by the U.S. Department of Agriculture Soil
Conservation Service, U.S. Geologic Survey, the Washington Department of Ecology Coastal
Zone Atlas, or qualified geologist or geotechnical engineer;
(ii) Groundwater seepage or springs present on the slope, areas underlain by impermeable
silts or clays, or mappable emergent water;
(iii) Erosion hazard as indicated by potential for stream or wave incision or as classified as
"highly erodible" or "potentially erodible" by the Natural Resources Conservation Service;
(iv) Seismic areas subject to liquefaction from earthquakes such as hydric soils as identified
by the Natural Resources Conservation Service, and areas that have been filled to make a
site more suitable.
(3) Landslide hazard areas.
(b) Areas of moderate geologic hazard are any areas with slopes of thirty (30) percent or greater and
vertical relief of ten (10) or more feet, and any areas with slopes of fifteen (15) percent to thirty (30)
percent with vertical relief of ten (10) or more feet and any of the characteristics per subsections (a)(2)(i)
through (iii) of this section. Seismic hazard areas subject to liquefaction from earthquakes, areas with
hydric soils, and areas of loose fill shall be classified as moderate geologic hazard areas regardless of
percent slope.
(c) Site-Specific Determination. Site-specific geological reports may be used to determine the
classification of a potentially geologically hazardous area in either of the following cases:
(1) When an applicant questions the information the Department must rely on to determine
whether a location is classified as a geologically hazardous area, the applicant may submit an
appropriate site-specific geological report. If supportable by the geological report, the Department
may make a nongeologically hazardous determination.
(2) The Department is authorized but not mandated to require submittal of a geological report for
any proposal on a site with slopes of fifteen (15) percent or greater and vertical relief of ten (10) or
more feet, erosion hazard areas not described per BMC 20.14.620(a)(2)(iii), or potential seismic
hazard areas. Requests by the Department for submittal of a geological report may be made when
slope percentages are poorly documented, or when it is deemed through site visit, close proximity
to mapped areas of unstable soils, previously prepared geological reports in the vicinity, or other
pertinent information that a probable likelihood of soil instability per subsection (a)(2)(i) through (iv)
of this section exists on the site. The Department shall not make requests for geological reports in
cases where slope percentages are well documented and there is a probable likelihood of stable
soil characteristics on the site. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.630 DEVELOPMENT STANDARDS.
The following standards shall apply to any land or vegetation modification or construction within a
geologically hazardous area as classified per BMC 20.14.620 and its buffer as described herein. The
Department will approve, approve with conditions or deny the development proposal based on its ability
to meet the development standards. The Department will also consider any proposed mitigation
measures or buffer reductions included in a geotechnical report per subsection (c) of this section.
(a) Areas of high geologic hazard as classified per BMC 20.14.620(a) shall be subject to the following
standards:
(1) Building and Impervious Surface Buffer. No construction of any structure or impervious
surface is allowed within fifty (50) feet of the top and toe of the slope, unless reductions supportable
by a geotechnical report are approved.
(2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to
twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a
geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of
this section.
(b) Areas of moderate geologic hazard as classified per BMC 20.14.620(b) shall be subject to the
following standards:
(1) Building and Impervious Surface Buffer. No construction of any structure or impervious
surface is allowed within twenty-five (25) feet of the top and toe of the slope, unless reductions
supportable by a geotechnical report are approved.
(2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to
twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a
geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of
this section.
(c) Reductions with Geological or Geotechnical Report. Modifications and/or reductions to the buffers
prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a
geotechnical or geological report demonstrates that modified or reduced buffers, through design and
engineering solutions, will provide protection to the proposed development and adjacent properties equal
to that of the standard buffer. Such reports are subject to third-party review per BMC 20.14.660(h).
Reductions shall utilize the mitigation and performance standards lis ted per BMC 20.14.650 to the
greatest possible extent. Requirements for geotechnical and geological reports are outlined in
BMC 20.14.660.
(d) Buffer Increase. Should the Department determine based on a geological or geotechnical report that
greater buffers than required per subsections (a)(1) and (2) and (b)(1) and (2) of this section are
necessary to protect the proposed development and adjacent properties, greater buffers may be required.
The Department may require an applicant to submit a geotechnical report with any proposal for land
alteration that is located within two hundred (200) feet of an area of high or moderate geologic hazard if it
determines through site visit, review of available documents, or history of prior events in the area, that the
proposal could potentially require increased buffers to ensure safety.
(e) Elimination of Danger Trees. Within high or moderate geologic hazard areas, removal of danger
trees may be allowed only if such activity is approved by the Department, provided a certified arborist in
the State of W ashington makes a written determination that the trees proposed for elimination present a
legitimate safety hazard.
(f) Vegetation Thinning. Within high or moderate geologic hazard areas, minor pruning of vegetation or
trees for view enhancement may be allowed only if such activity is approved by the Department. The
following are allowable methods and techniques for vegetation thinning, except that mature or old-growth
trees shall only be treated per method in subsection (f)(5) of this section:
(1) Tree Thinning. The selective removal of branches in the inner crown of the tree, provided no
more than twenty-five (25) percent of a tree’s leaf-bearing crown is removed. An even distribution of
interior small branches and foliage on remaining limbs shall be maintained to avoid over-thinning.
(2) Tree Raising. The removal of the lower branches of a tree in order to provide clearance for
passage or vistas. After raising, the height of the pruned portion shall not exceed one-third (1/3) of
the total tree height; provided, that removal of branches from the lower portion shall not exceed
twenty-five (25) percent of the tree’s leaf-bearing crown.
(3) Tree Reduction. Reducing the height or spread of a tree for clearance or vistas by selectively
removing leaders and terminals of branches. Cuts should be made to lateral branches at unions,
whereby the cut branch is at least one-third (1/3) the diameter of the stem at the union. No more
than twenty-five (25) percent of a tree’s crown mass shall be removed, unless it can be
demonstrated that further reduction is necessary for functions such as utility clearance.
(4) Tree Topping. Topping shall be used as a last resort when it can be demonstrated that
methods in subsections (f)(1) through (3) of this section are n ot feasible, or when it can be
demonstrated by a certified arborist that topping is less harmful to the particular species of tree than
other listed methods. Topping is the indiscriminate cutting of branches and laterals to stubs at a
specific tree height or spread, often exceeding twenty-five (25) percent of a tree’s crown mass.
Topping is harmful to a tree and creates unsightly regrowth that requires future trimming at frequent
intervals. When tree topping is used in a geologically hazardous area, the roo t system shall remain
in place.
(5) Pruning Mature Trees. Mature and old-growth trees are more susceptible to permanent
damage or death from pruning. Pruning of mature trees should only be done as a corrective or
preventative measure, such as the removal of decayed, rubbing, or crowded branches.
(6) Brush Removal. Clearing of noninvasive brush, shrubs, natural grasses and other such
vegetation shall be the minimum necessary to maintain vistas, passage and other necessary
functions.
(g) Native Vegetation. Native vegetation shall be of appropriate plant selection and species to perform
slope stabilization and erosion prevention functions. The Department may require vegetation
enhancement with appropriate species, and may call for an analysis of the re lationship between
vegetation and slope stability per BMC 20.14.660(e)(1). Valid scientific resources such as Washington
State Department of Ecology documents "Vegetation Management: A Guide For Puget Sound Bluff
Property Owners" and "Erosion Control Using Vegetation" should be consulted when vegetation is
proposed for slope stabilization and erosion control purposes.
(h) Erosion Control. Clearing or grading of any area within a high or moderate geologic hazard area or
within two hundred (200) feet of the high or moderate geologic hazard area shall be limited to the period
between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan
prepared by a qualified professional licensed in the State of Washington that specifically and realistically
identifies methods of erosion control for wet weather conditions. All land modification proposals shall be
consistent with the guidelines set forth in BMC 15.04.090, Stormwater Systems/Engineering Design and
Construction Standards General. The faces of all cut and fill slopes shall be protected to prevent erosion
as required by the engineered erosion and sedimentation control plan.
(i) Stormwater Runoff. At no time shall concentrated stormwater runoff be allowed to surface flow
directly over a moderate or high geologically hazardous area or its buffer on a subject site or on
neighboring properties. To reduce potentially harmful stormwater runoff discharge from impervious
surfaces, the Department may approve reductions to required parking standards, provided it can be
demonstrated that such reductions would not significantly impact neighboring properties. Stormwater
discharge shall meet all standards set forth in BMC 15.04.090, Stormwater Systems/Engineering Design
and Construction Standards General.
(j) Significant Development Risk. In cases where a geotechnical report indicates a significant risk to
public health, safety and welfare, the Department shall deny or require revision of the site development
proposal.
(k) Utilities, Trails, and Roads. The following activities are allowable within geologically hazardous areas
and buffers, provided it can be demonstrated through a geotechnical report that construction will not
significantly increase landslide or erosion risk:
(1) Public or private trails approved by the Department per the provisions of this chapter;
(2) Public or private utilities;
(3) Public roads and related infrastructure.
(l) On-Site Sewage Disposal. On-site sewage disposal should be avoided in areas of high geologic
hazard and their buffers. In cases where such areas cannot be avoided, review by a geologist or a
geotechnical engineer licensed in the State of Washington will be required in coordination with the Kitsap
County Health District.
(m) Construction for Earthquake Loads. All construction must meet the requirements of the City Building
Code as set forth in Chapter 17.04 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5209 §4, 2013: Ord.
4965 §7 (part), 2006)
20.14.650 MITIGATION, PERFORMANCE STANDARDS AND REQUIREMENTS.
(a) The following project design and location techniques are preferred in areas of moderate or high
geologic hazard and their buffers. The Department may condition or modify development proposals to
require incorporation of such design techniques in cases where their application would increase public
safety and welfare without substantially altering the allowable scope and scale of the proposal:
(1) Minimize soil disturbance and vegetation removal;
(2) Cluster structures to maintain natural topography;
(3) Minimize building footprints and impervious surface areas;
(4) Construct roads, walkways and parking areas to parallel natural contours;
(5) Provide access in areas of the site with less sensitivity;
(6) Avoid toe armoring at the base of banks, bluffs and near shorelines. Toe armoring is only an
acceptable engineering solution when it meets the provisions of BMC 20.14.660(b), and all
requirements of the Bremerton Shoreline Master Program and other sections of this chapter;
(7) The following performance and mitigation standards shall apply to seismically hazardous
areas;
(i) Avoid construction of structures using unreinforced masonry materials in areas of hydric
soils, fill, or other soils prone to liquefaction from earthquakes;
(ii) When redevelopment is proposed on a site containing hydric soils, fill, or other soils
prone to liquefaction from earthquakes encourage replacement or removal of existing
unreinforced masonry structures;
(iii) Use appropriate building footing techniques such as pilings on sites containing hydric
soils, fill, or other soils prone to liquefaction from earthquakes;
(iv) Avoid construction of essential public facilities, other potential emergency response
facilities, and large-scale public gathering places on sites underlain by known surface fault
lines. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.660 SPECIAL REPORTS.
Whenever development is proposed in a geologically hazardous area as defined in BMC 20.14.620, or
when the Department determines that additional soils and slope analysis is appropriate on a particular
site per BMC 20.14.620(c), the applicant is required to submit a geotechnical or geological report that
evaluates the surface and subsurface soil conditions on the site.
(a) Qualifications. Geotechnical reports shall be prepared by a qualified professional (defined in
BMC 20.14.200 under "qualified professional").
(b) General Provisions. Report recommendations for earthwork, clearing or siting structures in
geologically hazardous areas shall be based on existing site conditions rather than measures that have
not yet been successfully approved or constructed (e.g., slope recontouring, retaining walls, bulkheads,
etc.). Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it
can be demonstrated that:
(1) An existing structure or existing public facility such as roads cannot be safely maintained
without such measures;
(2) Other nonstructural methods of beach stabilization have been considered and determined
infeasible; and
(3) The resulting stabilization structure is the minimum necessary to provide stability for the
existing structure and appurtenances.
(c) Minor Repairs. Minor repair activities on existing permitted structures (i.e., those that do not involve
design modifications, changes in structure location, and/or demolition or abandonment of failed structure
and replacement with new structures) are not subject to the following project submittal requirements.
(d) Geological Reports. A geological report is required for site development proposals that involve
development activities within a geological hazardous area or its buffer per BMC 20.14.630(c), but do not
require an engineered solution. The following minimum information is required:
(1) Description of surface and subsurface conditions, including ground materials, vegetation,
surface drainage, groundwater, and a preliminary geologic hazard assessment which includes the
location of structures and the identification of the slope and/or coastal processes occurring at the
site and factors that contribute to them;
(2) Review of available information, literature, and mapping;
(3) Detailed description of slope and other topographic features;
(4) A site plan depicting top or toe of slope and any required buffers and/or setbacks; and
(5) Conceptual siting of structure and general recommendation which include methods and
practices that avoid and/or reduce slope and shore impacts. Minimum recommendations should
include upland and slope drainage control, groundwater control, site vegetation management, and
erosion control.
(e) Geotechnical Reports. A geotechnical report is required when the Department or geological report
determines that a site development proposal requires additional site information such as engineering
design recommendation, slope stability analysis, subsurface exploration and testing, coastal process
analyses, or construction recommendations. Depending on the level of activity proposed, the report will
either be a more limited geotechnical slope evaluation report, or a full geotechnical design investigation
report as described below:
(1) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required
when slope stability analyses are confined to existing surface and/or drainage conditions, including
the relationship of natural and constructed slope features to proposed changes in environmental
conditions such as drainage, vegetation removal and slope geometry. The following minimum
information is required:
(i) All information under subsection (d) of this section;
(ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical
engineers;
(iii) Estimated (or surveyed) contour map and site plan, and the Department may require
ground surface profiles and typical cross-sections;
(iv) Relative location of ordinary high water (OHW) on the surface profile and cross -sections
which include mean higher high water (MHHW) for the site location, where applicable;
(v) Soil strength parameters;
(vi) Stability analysis of existing site;
(vii) Analysis of the relationship of vegetation and slope stability; and
(viii) Conceptual site development plans and cross-sections.
(2) Geotechnical Design Investigation Report. A geotechnical design investigation report is
required for site development activities that propose design and construction measures at the slope
crest, face and/or toe. If a designed structure does not impact slope stability or coastal proce sses,
the report will not be required to perform all items listed under this section, as long as each item is
addressed and the report details why a particular item does not apply. The following information is
required:
(i) All the information required under subsection (e)(1) of this section;
(ii) Geotechnical requirements and measures to reduce risks;
(iii) Geotechnical criteria used for any designs including all critical dimension, lateral earth
pressures, soil-bearing pressures, location and lim its of structure on or near the slope,
maximum constructed slope angles, minimum soil reinforcement embedment, soil compaction
requirements, and structure heights;
(iv) Temporary construction slope stability recommendation and analyses of proposed final
site stability measures;
(v) Required construction specification and construction monitoring procedures;
(vi) Revegetation and surface and groundwater management requirements;
(vii) Evaluation of erosion potential and recommendations for erosion avoidance and any
proposed mitigation measures; and
(viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to design
and construction, and when required for clarification, detailed examples of tests conducted for
the project.
(f) Revisions to Geotechnical Reports. Further recommendations shall be provided by the geotechnical
engineer should there be additions or exceptions to the original recommendation based on the plans, site
condition, or other supporting data. If the geotechnical engineer who revises the plans and specification is
not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the
Department, express his or her their agreement or disagreement with the recommendations in the
geotechnical report and state whether the plans and specification conform to his or her their
recommendations.
(g) Plan and Specification Review. When the engineered solutions are proposed, the geotechnic al
engineer shall submit a statement that in his or her their judgment, the plans and specifications (if
prepared by others) conform to the recommendations in the geotechnical report and that all portions of
the site which are disturbed or impacted by the proposed development have appropriate measures or
specification that permit construction to occur while addressing slope stability so that the work does not
create additional risk. The statement shall also indicate whether or not a relative gain in slope s tability will
be achieved after construction is complete.
(h) Monitoring and Third-Party Review.
(1) To protect public health, safety and welfare, the Department may call for a third -party review
of any geotechnical report in cases where it determines there may be substantial damage to life,
property or the environment should a proposed engineered solution fail. When a third-party review
is required, costs incurred for a qualified third-party geotechnical engineer to perform the review
shall be borne by the applicant.
(2) Where revegetation or plantings are proposed as a method to ensure slope stability, a
monitoring program shall be included as a part of the approved geotechnical report. To ensure that
the performance standards of the approved geotechnical report are met, the vegetation shall be
monitored for a minimum of five (5) years. A longer monitoring period may be required by the City
based on either the initial report, or a review of subsequent monitoring reports. The monitoring
reports shall be submitted on August 1st of each year during the monitoring period.
(i) Construction Inspection. A final inspection report shall be provided by the geotechnical engineer
stating that construction has or has not implemented the design recomm endations of the geotechnical
report, and evaluation of any deviation from the design recommendations. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.700 FISH AND WILDLIFE HABITAT CONSERVATION AREAS.
BMC 20.14.700 through 20.14.760 pertain to fish and wildlife habitat conservation areas. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.710 DESCRIPTION AND PURPOSE.
The intent of these regulations is to avoid impacts to streams, riparian habitat, anadromous fish, and
wildlife conservation areas where such avoidance is feasible and reasonable. This section of the City
Code contains standards, guidelines, criteria and requirements intended to identify, evaluate and mitigate
potential impacts to habitat conservation areas derived from new development and climate change within
the City, and to enhance degraded habitat and streams in appropriate cases. In appropriate
circumstances, impacts resulting from regulated activities may be minimized, rectified, reduced and/or
compensated for, consistent with this chapter. The regulations are to manage land so as to maintain fish
and wildlife species in suitable habitats within their natural geographic distribution , consider connections
between habitat blocks and open spaces, so that isolated subpopulations are not created and achieve no
net loss in fish or wildlife habitat conservation area functions and values or stream functions. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.720 CLASSIFICATION AND DESIGNATION OF FISH AND WILDLIFE HABITAT
CONSERVATION AREAS.
Classification and designation of fish and wildlife habitat conservation areas is an ongoing process; while
not all of the following critical habitat conservation areas are known to exist in the City, their designation
here allows for future categorization for protection. The following categories shall be used for relevant
development standards of BMC 20.14.730.
(a) Streams and River Shorelines. All streams and river shorelines which meet the criteria for Type S, F,
Np or Ns waters as set forth in WAC 222-16-030 of the Department of Natural Resources Water Typing
System as amended. If an Assessment downgrades a stream type of a mapped stream, affected Tribes
and the Washington State Department of Fish and Wildlife will be invited to participate in the field
verifications and can request stream typing visit to confirm previous field verifications. Where the
applicant has provided a map of a stream or a typing, the department may verify the stream location and
type at the cost of the applicant.
(1) Type S water means all waters, within their bankfull width, as inventoried as "shorelines of the
state" under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW
including periodically inundated areas of their associated wetlands.
(2) Type F water means segments of natural waters other than Type S waters, which are within
the bankfull widths of defined channels and periodically inundated areas of their associated
wetlands, or within lakes, ponds, or impoundments having a surface area of one -half (1/2) acre or
greater at seasonal low water and which in any case contain fish habitat or are described by one
(1) of the following four (4) categories:
(i) Waters, which are diverted for domestic use by more than ten (10) residential or camping
units or by a public accommodation facility licensed to serve more than ten (10) persons,
where such diversion is determined by the Department to be a valid appropriation of water
and the only practical water source for such users. Such waters shall be considered to be
Type F water upstream from the point of such diversion for one thousand five hundred (1,500)
feet or until the drainage area is reduced by fifty (50) percent, whichever is less;
(ii) Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such
waters shall be considered Type F water upstream from the point of diversion for one
thousand five hundred (1,500) feet, including tributaries if highly significant for protection of
downstream water quality. The Department may allow additional harvest beyond the
requirements of Type F water designation, provided the Department determines after a
landowner-requested on-site assessment by the Department of Fish and Wildlife, Department
of Ecology, the affected tribes and interested parties that:
a. The management practices proposed by the landowner will adequately protect
water quality for the fish hatchery; and
b. Such additional harvest meets the requirements of the water type designation that
would apply in the absence of the hatchery;
(iii) Waters, which are within a federal, state, local, or private campground having more than
ten (10) camping units; provided, that the water shall not be considered to enter a
campground until it reaches the boundary of the park lands available for public use and
comes within one hundred (100) feet of a camping unit, trail or other park improvement;
(iv) Riverine ponds, wall-based channels, and other channel features that are used by fish
for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish.
This habitat shall be identified based on the following criteria:
a. The site must be connected to a fish habitat stream and accessible during some
period of the year; and
b. The off-channel water must be accessible to fish.
(3) Type Np water means all segments of natural waters within the bankfull width of defined
channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go
dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters
include the intermittent dry portions of the perennial channel below the uppermost point of perennial
flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical
observations (see board manual, section 23), then Type Np waters begin at a point along the
channel where the contributing basin area is:
(i) At least thirteen (13) acres in the Western Washington coastal zone (which corresponds
to the Sitka spruce zone defined in Franklin and Dyrness, 1973);
(ii) At least fifty-two (52) acres in other locations in Western Washington; or
(iii) At least three hundred (300) acres in Eastern Washington.
(4) Type Ns water means all segments of natural waters within the bankfull width of the defined
channels that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in
which surface flow is not present for at least some portion of a year of normal rainfall and are not
located downstream from any stream reach that is a Type Np water. Type Ns waters must be
physically connected by an above-ground channel system to Type S, F, or Np waters.
(b) Saltwater Shorelines and Lakes Twenty (20) Acres and Greater in Surface Area. Those saltwater
shorelines and lakes defined as shorelines of the state in the Shoreline Management Act of 1971 and the
Bremerton Shoreline Master Program as amended. Shorelines include: Type S waters as set forth in
WAC 222-16-030 (DNR Water Typing System) as amended; commercial and recreational shellfish areas;
kelp and eelgrass beds; and forage fish spawning areas (i.e., herring, smelt, and sand lance).
(c) Lakes Less than Twenty (20) Acres in Surface Area. Those lakes which meet the criteria for Type F,
Np, and Ns waters as set forth in WAC 222-16-030 as amended. This includes lakes and ponds less than
twenty (20) acres in surface area and their submerged aquatic beds, lakes, and ponds planted with game
fish by a governmental or tribal authorit y.
(d) Class I Fish and Wildlife Conservation Areas.
(1) Habitats and species recognized by federal or state agencies for federal and/or state-listed
endangered, threatened and sensitive species that have primary association documented in maps
or databases available to the City, including the Washington Department of Fish and Wildlife’s
Priority Habitats and Species program and maps and that, which if altered, may reduce the
likelihood that the species will maintain and reproduce over the long term .
(2) Areas that contain habitats and species of local importance. These areas are identified by the
City, including but not limited to those habitats and species that, due to their population status or
sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or
habitat element with which a species has a primary association, and which, if altered, may reduce
the likelihood that the species will maintain and reproduce over the long term. Habitats of local
importance can include attributes such as comparatively high wildlife density, high wildlife species
richness, significant wildlife breeding habitat, seasonal ranges or movement corridors of limited
availability and/or high vulnerability. These habitats may include cl iffs, meadows, old-growth/mature
forests, snag-rich areas, and urban natural open spaces.
(e) Class II Fish and Wildlife Conservation Areas.
(1) Habitats for state-listed candidate and monitored species documented in maps or databases
available to the City, including the Washington Department of Fish and Wildlife’s Priority Habitats
and Species program and maps, which if altered, may reduce the likelihood that the species will
maintain and reproduce over the long term.
(2) Habitats that have been identified through maps, databases, reports, or studies that include
attributes such as comparatively high wildlife density, high wildlife species richness, significant
wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high
vulnerability. These habitats may include caves, cliffs, meadows, old -growth/mature forests, snag-
rich areas, talus slopes, and urban natural open space.
(f) Habitats and Species of Local Importance. The City should accept and consider nomi nations for
habitat areas and species to be designated as locally important.
(1) Habitats and species to be designated shall exhibit the following characteristics:
(i) Local populations of native species are in danger of extirpation based on existing trends;
(ii) Local populations of native species that are likely to become endangered; or
(iii) Local populations of native species that are vulnerable or declining.
(2) The species or habitat has recreation, commercial, game, tribal, or other special value.
(3) Long-term persistence of a species locally is dependent on the protection, maintenance,
and/or restoration of the nominated habitat.
(4) Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools
is not adequate to prevent degradation of the species or habitat in the City.
(5) Without protection, there is likelihood that the species or habitat will be diminished locally over
the long term.
(6) Areas nominated to protect a particular habitat or species must represent either high-quality
native habitat or habitat that has a high potential to recover to a suitable condition and which is of
limited availability, highly vulnerable to alteration, or provides landscape connectivity which
contributes to the integrity of the surrounding landscape.
(7) Habitats and species may be nominated for designation by any person.
(8) The nomination should indicate whether specific habitat features are to be protected (for
example, nest sites, breeding areas, and nurseries), or whether the habitat or ecosystem is being
nominated in its entirety.
(9) The nomination may include management strategies for the species or habitats. Management
strategies must be supported by the best available science, and where restoration of habitat is
proposed, a specific plan for restoration must be provided prior to nomination.
(10) The Director shall determine whether the nomination proposal is complete and, if complete,
shall evaluate it according to the characteristics enumerated in subsection (f)(1) of this section and
make a recommendation to the Planning Commission based on those findings.
(11) The Planning Commission shall hold a public hearing for proposals found to be complete and
make a recommendation to the City Council based on the characteristics enumerated in subsection
(f)(1) of this section.
(12) Following the recommendation of the Planning Commission, the City Cou ncil shall decide
whether to designate a habitat or species of local importance by resolution.
(13) Establishment of Specific Rules for Protection. Within one hundred twenty (120) days of the
effective date of an ordinance designating a species or habitat of local importance, the Director
shall develop an administrative rule addressing protection in compliance with this section.
(14) Development Standards. Regulated uses in designated fish and wildlife habitat conservation
areas and/or buffers shall comply with the performance standards outlined in this section. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.730 DEVELOPMENT STANDARDS.
For the purposes of this title, a designated fish and wildlife habitat conservation area with its buffer is a
critical area. Those regulated uses identified below within designated fish and wildlife habitat conservation
areas shall comply with the performance standards outlined in this chapter. A habitat management plan
(HMP) is a site investigation to evaluate the potential presence or absence of a regulated fish or wildlife
species or habitat affecting a subject property and proposed development.
(a) Endangered, Threatened, and Sensitive Species.
(1) No development shall be allowed within a habitat conservation area or buffer with which state
or federally endangered, threatened, or sensitive species have a primary association, except that
which is provided for by a habitat management plan (HMP).
(2) Whenever activities are proposed adjacent to a habitat conservation area with which state or
federally endangered, threatened, or sensitive species and habitats, have a primary association,
such area shall be protected through the application of protection measures in accordance with an
HMP prepared by a qualified professional and approved by the City. Approval for alteration of land
adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the
Washington Department of Fish and Wildlife for animal species, the Washington State Department
of Natural Resources for plant species, and other appropriate federal or state agencies.
(b) Anadromous Fish.
(1) All activities, uses, and alterations proposed to be located in water bodies used by
anadromous fish or in areas that affect such water bodies shall give special consideration to the
preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to
the following standards:
(i) Activities shall be timed to occur only during the allowable work window as designated by
the Washington Department of Fish and Wildlife for the applicable species;
(ii) If alternative alignment or location for the activity is not feasible, then activities shall be
designed so that it will not degrade the functions or values of the fish habitat or other critical
areas;
(iii) Shoreline erosion control measures shall be designed to use bioengineering methods ,
such as outlined in the Integrated Streambank Protection Guidelines, or soft armoring
techniques, according to an approved critical area report; and
(iv) Any impacts to the functions or values of the habitat conservation area are mitigated in
accordance with an approved habitat management plan.
(2) Structures that prevent the migration of salmonids shall not be allowed in the portion of water
bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided
that allow the upstream migration of adult fish and shall prevent fry and juveniles migr ating
downstream from being trapped or harmed.
(3) Fills, when authorized by the Shoreline Master Program, shall not adversely impact
anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be
allowed for a water-dependent use.
(c) Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing
wetlands shall conform to the wetland development performance standards set forth in BMC 20.14.300. If
nonwetlands habitat and wetlands are present at the same location, the provisions of this chapter or the
wetlands chapter, whichever provides greater protection to the habitat, apply.
(d) Buffers and Associated Building Setback Areas. The distance shall be measured from the ordinary
high water mark (OHW M) or from the top of the bank where the OHW M cannot be identified. Buffers shall
remain undisturbed natural beach or vegetation areas except where the buffer can be enhanced to
improve its functional attributes, as approved by the Department. Buffers shall be maintained along the
perimeter of fish and wildlife habitat conservation areas, as listed below in Table 1 of this section. Re fuse
shall not be placed in buffers. Alteration of buffer areas and building setbacks may be allowed for water -
dependent and water-related activities and for other development authorized by an HMP, reasonable use
exceptions, general exemptions, standards for existing (nonconforming) development, and variances in
general exemptions, BMC 20.14.145.
20.14.730 Table 1: Water Type Buffer Standards
Water Types Attributes Minimum Building
Setback
Buffer Width
Standard
S
Saltwater and
Freshwater
See Shoreline Master Program for buffer and minimum building
setback
F Fish habitat waters 15 feet beyond
buffer
200 150 feet
Np Year-round, nonfish
habitat
15 feet beyond
buffer
100 50 feet
Ns Seasonal, nonfish habitat 15 feet beyond
buffer
100 35 feet
(1) Buffers. Where existing buffer area vegetation along Type F, Np, and Ns waters provide
minimal vegetative cover and cannot provide the City’s water quality standards or habitat functions
(per the requirements of the Department of Ecology and Fish and Wildlife), buffer enhancement
shall be required when buffers are directly impacted or reduced. Enhancement should be
conducted at a minimum one and one-half to one (1.5:1) ratio to mitigate direct impacts or buffer
reduction. On a case-by-case basis, the Director may consider a smaller enhancement ratio, no
less than one to one (1:1), where the applicant provides a greater density of on-center plant
spacing than required. Where buffer enhancement is required, a plan shall be prepared that
includes plant densities that are not less than three (3) feet on center for shrubs and eight (8) feet
on center for trees. Separate tree spacing requirements for buffer area vegetation triggered by
development within shoreline jurisdiction (via a Vegetation Management Plan) can be found under
Shoreline Master Program Section 7.020(a)(5). Monitoring and maintenance of plants shall be
required in accordance with BMC 20.14.760, Monitoring and contingency plan. Existing buffer
vegetation is considered "inadequate" and will require enhancement through additional native
vegetation and removal of nonnative plants when:
(i) Nonnative or invasive plant species provide the dominant cover;
(ii) Vegetation is lacking due to disturbance and marine, stream, or habitat resources could
be adversely affected; or
(iii) Enhancement vegetation in the buffer could significantly improve buffer functions.
(2) "Minimum building setback" is the required horizontal distance between the finished exterior
wall of a structure and the edge of the buffer of the lot on which the structure is located. All portions
of a structure must be located away from the buffer a distance equal to or greater than the
minimum setback. Uses not requiring a permit defined in the City Building Code as set forth in
Chapter 17.04 BMC may be permitted in the setback if the Department determines that such
intrusions will not adversely impact the fish and wildlife habitat conservation area.
(3) Stream Buffer Measurement. Streams shall be classified according to the stream type system
as provided in WAC 222-16-031, Interim water typing system. Stream buffer areas are defined by
these classifications, as shown in Table 1 of this section. Buffers shall be measured from the
ordinary high water mark (OHW M), or from the top of the bank where the OHW M cannot be
identified, or the outer edge of the CMZ where present. The buffer width shall be increased to
include streamside wetlands which provide overflow storage for stormwaters, feed water back to
the stream during low flows or provide shelter and food for fish. In braided channels, the OHW M or
top of bank shall be defined so as to include the entire stream feature.
(4) Buffer Averaging. For buffering averaging for areas within the areas of shoreline jurisdiction,
please refer to Shoreline Master Program Section 7.010(c)(5). For all other areas, buffer widths
may be modified by averaging buffer widths as long as the total area contained within the buffer
after averaging is no less than the required buffer prior to averaging, and as set forth below. A
buffer enhancement plan shall be required for any request for buff er averaging. The enhancement
plan shall be similar to a mitigation plan, and include provisions for mitigation monitoring and
contingency plans. Buffer width averaging shall be allowed only where the applicant demonstrates
through a report prepared by a qualified biologist or habitat specialist with five (5) years’ experience
that:
(i) Buffer averaging is necessary to avoid a hardship caused by circumstances to the
property;
(ii) The habitat contains variations in sensitivity due to existing physical characteristics, or
the buffer varies in characteristics and it would benefit from a wider buffer in places and would
not be adversely impacted by a narrower buffer in other places;
(iii) Lower intensity land uses would be located adjacent to areas where the buffer width is
reduced;
(iv) The widest portion of the buffer shall be the area where the habitat is most sensitive;
(v) Buffer width averaging will not adversely impact fish and wildlife habitat conservation
areas;
(vi) The buffer width may be reduced by twenty-five (25) thirty-five (35) percent of the
standard buffer, but not less than seventy-five thirty-five (75 35) feet unless provided for when
supported by a habitat management plan.
(5) Buffer Reduction for Existing Development. Buffers and associated building setbacks may be
reduced where the applicant demonstrates through an approved HMP relying on best available
science and prepared by a qualified specialist with five (5) years' experience that through buffer
enhancement the smaller buffer would provide equal or better protection than the larger buffer, but
shall not be reduced by more than thirty-five (35) percent. Enhancement techniques can include,
but are not limited to:
Buffers may be reduced by no more than twenty-five (25) percent when the following criteria have
been met:
(i) The proposal provides a HMP, including a mitigation sequencing analysis per BMC
20.14.750(d), which demonstrates no net loss of ecological function or value. Proposals for
new Multifamily, Commercial, or Institutional uses shall demonstrates greater riparian function
will be provided than currently exists;
(ii) The proposal does not impact functionally significant habitat, such as stands of mature
trees or habitat corridors;
(iii) The proposal will not significantly increase the threat of erosion, flooding, slope stability or
other hazards on the site or on adjacent properties;
(iv) Existing development is legally established;
(v) The proposal complies with all other local and state regulations.
(vi) Enhancement techniques are utilized, which can include, but are not limited to those
provided in the table below.
20.14.730 Table 2: Enhancement techniques
(i) Planting of native trees or shrubs, increasing the diversity of plant cover types,
replacing exotic species with native species, or reestablishing fish areas adjacent to a
marine shoreline or stream where one currently does not exist will result in improved
function of the fish habitat;
(ii) Fish barrier removal to restore accessibility to resident or anadromous fish;
(iii) Fish habitat enhancement using large woody material incorporated as part of a fish
habitat enhancement plan;
(iv) Stream and/or retention/detention pond improvements:
a. Removal or modification of existing stream culverts (such as at road crossings)
to improve fish passage and flow capabilities, or
20.14.730 Table 2: Enhancement techniques
b. Upgrade of retention/detention facilities or other drainage facilities beyond
required levels to provide a more naturalized habitat;
(v) Removal of existing bulkheads to improve fish spawning and habitat areas;
(vi) Daylighting a stream that was previously culverted or piped, or daylighting box culverts
or trestles.
(i) Planting of native trees or shrubs, increasing the diversity of plant cover types, replacing
exotic species with native species, or reestablishing fish areas adjacent to a marine shoreline
or stream where one currently does not exist will result in im proved function of the fish habitat;
(ii) Fish barrier removal to restore accessibility to resident or anadromous fish;
(iii) Fish habitat enhancement using log structures incorporated as part of a fish habitat
enhancement plan;
(iv) Stream and/or retention/detention pond improvements:
a. Removal or modification of existing stream culverts (such as at road crossings) to
improve fish passage and flow capabilities, or
b. Upgrade of retention/detention facilities or other drainage facilities beyond required
levels to provide a more naturalized habitat;
(v) Removal of existing bulkheads to improve fish spawning and habitat areas;
(vi) Daylighting a stream that was previously culverted or piped, or daylighting box culverts
or trestles.
(6) Stormwater Management Facilities. Stormwater management facilities, limited to stormwater
dispersion outfalls and bioswales, may be allowed within the outer twenty-five (25) percent of the
buffer; provided, that:
(i) No other location is feasible; and
(ii) The buffer is over one hundred (100) feet in width; and
(iii) The location of such facilities will not degrade the functions or values of the stream
and/or habitat area shown through an approved HMP.
(67) Low-Impact Development (LID) Facilities. LID facilities may be allowed within stream buffers;
provided, that:
(i) No other location is feasible; and
(ii) The buffer is over one hundred (100) feet in width; and
(iii) The location of such facilities will not degrade the functions or values of the stream
and/or habitat area shown through an approved HMP.
(78) Habitat Conservation Area Buffers. For Type F, Type Np, and Type Ns waters only, habitat
conservation area buffers shall be shown on the development site plans or final plat maps along
with the notation requirements identified in BMC 20.58.080.
(i) If an existing property has a previously delineated and approved fish and wildlife habitat
conservation area and associated buffer by the City, the approved conservation area and
buffer may remain in effect. Redevelopment and/or additions outside of the existing footprint
shall be subject to the previously approved buffer; however, a buffer enhancement plan may
be required in accordance if the habitat buffer area has become degraded or is currently not
functioning or if the habitat area and/or buffer may be negatively affected by proposed new
development. If, according to the buffer enhancement plan, additional buffer mitigation is not
sufficient to protect the habitat, the City may require larger buffers where it is necessary to
protect habitat functions based on site-specific characteristics.
(e) Class I Fish and Wildlife Conservation Areas. All development as described within this chapter or
within two hundred (200) feet of designated Class I wildlife conservation areas shall adhere to the
following standards:
(1) All sites with known locations of Class I fish and wildlife conservation areas or sites within two
hundred (200) feet, or the applicable distance identified by Washington Department of Fish and
Wildlife management recommendations, whichever is greater, to known locations of Class I fish
and wildlife conservation areas will require, for all development permits, the submittal and approval
of a habitat management plan (HMP) as specified in BMC 20.14.750. The requirement for an HMP
shall be determined during the SEPA/critical areas review on the project.
(2) All new development within two hundred (200) feet of habitat elements with which Class I fish
and wildlife have a critical habitat, or the applicable distance identified by Washington Department
of Fish and Wildlife management recommendations, whichever is greater, may require the
submittal of an HMP as specified in BMC 20.14.750. The requirement for an HMP shall be
determined during the SEPA/critical areas review on the project.
20.14.730 Table 32: Wildlife Habitat
Conservation Areas
Class
I
All developments within 200 ft. or
applicable distance by WDFW
management recommendations of a
designated Class I wildlife habitat
conservation area shall have buffer
widths determined by a mandatory
habitat management plan.
Class
II
All development within a Class II
wildlife habitat conservation area
shall have the buffer widths be
determined by the SEPA/critical area
review on the project and may
require a habitat management plan.
(f) Class II Fish and Wildlife Conservation Area. All new development within Class II fish and wildlife
conservation areas may require the submittal of an HMP. An HMP shall consider measures to retain and
protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious
surfaces, erosion control and retention of native vegetation. The requirement for an HMP shall be
determined during the SEPA/critical areas review on the project.
(g) Stream Crossings. Any private or public road expansion or new construction which is allowed and
must cross streams classified within this chapter shall comply with the following minimum development
standards:
(1) Bridges or bottomless culverts shall be required for all fish-bearing streams. Other alternatives
may be allowed upon submittal of a habitat management plan which demonstrates that other
alternatives would not result in significant impacts to the fish and wildlife conservation area, as
determined appropriate through the Washington State Department of Fish and Wildlife, hydraulics
project approval process. The plan must demonstrate that salmon habitat will be replaced on a one
to one (1:1) ratio;
(2) Crossings shall not occur in or within 50 feet salmonid spawning and holding areas unless no
other feasible crossing site exists. For new development proposals, if existing crossings are
determined to adversely impact salmon spawning or passage areas, new or upgraded crossings
shall be located as determined necessary through coordination with the Washington State
Department of Fish and Wildlife;
(3) Bridge piers or abutments shall not be placed in either the floodway or between the ordinary
high water marks unless no other feasible alternative placement exists;
(4) Crossings shall not diminish flood carrying capacity;
(5) Crossings shall serve multiple properties whenever possible; and
(6) Where there is no reasonable alternative to providing a conventional culvert, the culvert shall
be the minimum length necessary to accommodate the permitted activity (guidance for these
projects can be found in the Washington Department of Fish and Wildlife "Fish Passage Design at
Road Culverts" design manual 1999 “Water Crossing Design Guidelines (2013)”, and the National
Marine Fisheries Service Anadromous Salmonid Passage Facility Design (2022) or as updated
"Guidelines for Salmonid Passage at Stream Crossings" 2000) .
(h) Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries
restoration shall only be permitted when adhering to the following minimum performance standards and
when consistent with Washington State Department of Fish and Wildlife hydraulic project approval:
(1) The channel, bank and buffer areas should be replanted with native vegetation in undisturbed
riparian condition;
(2) For those shorelands and waters designated as frequently flooded areas, a professional
engineer licensed in the State of Washington shall provide information demonstrating that the
equivalent base flood storage volume and function will be maintained; and
(3) Relocated stream channels shall be designed to meet or exceed the functions and values of
the stream to be relocated.
(i) Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and
wildlife conservation areas or their buffers, except those approved by the EPA and approved under a
DOE water quality modification permit for use in fish and wildlife habitat conservation area environments.
Where approved, herbicides must be applied by a licensed applicator in accordance with the safe
application practices on the label.
(j) Land Divisions and Land User Permits. All proposed divisions of land and land uses (subdivisions,
short subdivisions, residential cluster developments, conditional use permits, site plan reviews, and
binding site plans) which include fish and wildlife habitat conservation areas shall comply with the
following procedures and development standards:
(1) The open water area of lakes, streams, and tidal lands shall not be permitted for use in
calculating minimum lot area;
(2) Land division approvals shall be conditioned so that all required buffers are dedicated as open
space tracts or an easement or covenant encumbering the buffer. Such dedication, easement or
covenant shall be recorded together with the land division and represented on the final plat, short
plat or binding site plan;
(3) In order to avoid the creation of nonconforming lots, each new lot shall contain at least one (1)
building site that meets the requirements of this chapter, including buffer requirements for habitat
conservation areas. This site must also have access and a sewage disposal s ystem location that
are suitable for development and does not adversely impact the fish and wildlife conservation area;
(4) After preliminary approval and prior to final land division approval, the Department may
require the common boundary between a required buffer and the adjacent lands be identified using
permanent signs. In lieu of signs, alternative methods of buffer identification may be approved
when such methods are determined by the Department to provide adequate protection to the
aquatic buffer.
(k) Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities,
such as benches, interpretive centers, and viewing platforms, may be allowed in fish and wildlife habitat
conservation areas or their buffers pursuant to the following standards:
(1) Trails and related facilities shall, to the extent feasible, be placed on existing road grades,
utility corridors, or other such previously disturbed areas;
(2) Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and
important wildlife habitat. Impacts and disturbances from recreational trails and interpretive facilities
shall be minimized to the extent practicable, informed by Priority Habitats and Species data and
management recommendations;
(3) Viewing platforms, interpretive centers, benches and access to them shall be designed and
located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected
conservation area and shall not be located within 50 feet of salmon spawning or holding areas;
(4) Trails, in general, shall be set back from streams so that there will be no or minimal impact to
the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when
feasible;
(5) Trails shall be generally limited to pedestrian use unless other more intensive uses, such as
bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width
shall not exceed five (5) feet unless there is demonstrated need, subject to review and approval by
the Department. Trails shall be constructed with pervious materials unless otherwise approved by
the Department;
(6) Trails shall not be allowed to fully enclose a habitat area or buffer; and
(7) The Department may require closure of trails during critical spawning, migration or breeding
time periods of the species present.
(l) Utilities. Placement of utilities within designated fish and wildlife habitat conservation areas may be
allowed pursuant to the following standards and that the applicant obtains all other required state and
federal approvals for any work in-water or in wetlands:
(1) Utilities maintenance activities involving no material change in size or function shall be
allowed within designated fish and wildlife habitat conservation areas, subject to best management
practices;
(2) Construction of utilities may be permitted in fish and wildlife habitat conservation areas or their
buffers, only when no feasible or reasonable alternative location is available and the utility corridor
meets the requirements for installation, replacement of vegetation and maintenance outlined below,
and as required in the filing and approval of an HMP which may be required by this chapter;
(3) Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife
habitat conservation areas or their buffers when the applicant demonstrates it is necessary to meet
state and/or local health code requirements, there are no other feasible alternatives available, and
construction meets the requirements of this section. Joint use of the sewer utility corridor by other
utilities may be allowed;
(4) New utility corridors shall not be allowed in fish and wildlife habitat conservation areas with
known locations of federal or state-listed endangered, threatened or sensitive species, heron
rookeries or nesting sites of raptors which are listed as state candidate except in those
circumstances where an approved HMP indicates that the utility corridor will not significantly impact
the conservation area;
(5) New utility corridor construction and maintenance shall protect the environment of fish and
wildlife habitat conservation areas and their buffers by the following:
(i) New utility facilities, improvements, or upgrades to existing utility facilities should t ake
place within existing improved rights-of-way or existing impervious surfaces so that they do
not increase the amount of impervious surfaces within the habitat area;
(ii) New utility corridors shall be aligned when possible to avoid cutting or root d amage to
trees greater than twelve (12) inches in diameter at breast height (four and one-half (4-1/2)
feet) measured on the uphill side;
(iii) New utility corridors shall be revegetated with appropriate native or equivalent
vegetation at not less than preconstruction vegetation densities or greater, immediately upon
completion of construction or as soon thereafter as possible due to seasonal growing
constraints. The utility shall ensure that such vegetation survives;
(iv) Any additional corridor access for maintenance shall be provided wherever possible at
specific points rather than by parallel roads. If parallel roads are necessary, they shall be of a
minimum width but no greater than fifteen (15) feet and shall be contiguous to the location of
the utility corridor on the side away from the conservation area;
(6) Utility corridor maintenance shall include the following measures to protect the environment of
regulated fish and wildlife habitat conservation areas:
(i) Utility towers should be painted with brush, pad or roller and should not be sandblasted
or spray-painted, nor should lead-based paints be used;
(ii) Pesticides, Fertilizers and Herbicides. No pesticides or fertilizers may be used in fish and
wildlife conservation areas or their buffers, except those herbicides approved by a licensed
applicator in accordance with the safe application practices on the label.
(m) Bank Stabilization. A stream channel and bank may be stabilized when naturally occurring earth
movement threatens existing structures (defined as requiring a building permit pursuant to the applicable
building code), public improvements, unique natural resources, public health, safety or welfare, or the
only feasible access to property, and, in the case of streams and mari ne shorelines, when such
stabilization results in maintenance of fish and wildlife habitat, flood control and improved water quality.
Where bank stabilization is determined to be necessary, bioengineering or other nonstructural methods
should be the first option for protection. Bulkheads and retaining walls may only be utilized as an
engineering solution where it can be demonstrated that an existing residential structure cannot be safely
maintained or set back without such measures, and that the resulting retaining wall is the minimum length
necessary to provide a stable building area for the structure. A variance pursuant to BMC 20.58.030 must
be obtained in all other cases. The Department may require that bank stabilization be designed by a
professional engineer and geologist licensed in the State of Washington with demonstrated expertise in
hydraulic actions of shorelines. Bank stabilization projects may also require a City grading permit and
hydraulic project approval from the Washington Department of Fish and Wildlife. Nonstructural marine
shoreline and stream bank protective techniques are preferred to bulkheads or other types of marine
shoreline and stream bank armoring. Nonstructural techniques include but are not limited to vegetation
plantings and bioengineering. Guidance for these projects can be found in the Washington Department of
Fish and Wildlife’s "Integrated Streambank Protection Guidelines Manual" for determining when, why,
where, and what projects need to be completed to protect an eroding bank.
(n) Fencing and Signs. Prior to approval or issuance of permits for land divisions and new development,
the Department may require the comm on boundary between a required buffer and the adjacent lands be
identified using fencing or permanent signs. In lieu of fencing or signs, alternative methods of buffer
identification may be approved when such methods are determined by the Department to provide
adequate protection to the buffer.
(o) Road/Street Repair and Construction. Any private or public road or street expansion or construction
which is allowed in a fish and wildlife habitat conservation area or its buffer shall comply with the following
minimum development standards:
(1) No other reasonable or feasible alternative exists and the road or street crossing serves
multiple properties whenever possible;
(2) Expansion or construction of any private or public road shall only be allowed w hen adverse
impacts cannot be avoided;
(3) Public and private roads should provide for other purposes, such as utility crossings,
pedestrian or bicycle easements, viewing points, etc.;
(4) The road or street construction is the minimum necessary, as required by the Department of
Public Works, and shall comply with the Department of Public Works and Utilities’ standards; and
(5) Construction time limits shall be determined in consultation with the Washington Department
of Fish and Wildlife in order to ensure habitat protection.
(p) Other Allowed Uses in Fish and Wildlife Conservation Areas. Other activities may be allowed using
the standard for a Category II wetland buffer as identified by BMC 20.14.330(e).
(q) Cultural Resources. Building, grading, and land clearing permits shall include the following note: When
an unanticipated discovery of protected cultural material (e.g., bones, shell, stone tools, beads, ceramics,
old bottles, hearths, etc.) or human remains are discovered, the property owner or contractor will
immediately stop all work, completely secure the location, and contact the Washington State Department
of Archaeology and Historic Preservation and other contacts as identified in the City of Bremerton
Standard Inadvertent Archaeological and Historic Resources Discovery Plan. The individual or
representative whom the permit was issued to must send written notification of the inadvertent discovery
to the City of Bremerton department of Community Development.
(Ord. 5418 §8, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.740 SPECIAL REPORTS.
Habitat Management Plan Requirements.
(a) General. If the City determines that impacts to habitats may occur as a result of a development
project, a habitat management plan (HMP) shall be required. The applicant may choose to complete an
HMP for a site-specific analysis to better determine the impact to habitat and to determine the appropriate
buffer width and associated building setbacks for their project based on the site-specific analysis
consistent with BMC 20.14.730(d)(5). The preparation and submission of this report is the responsibility of
the applicant. The report shall rely on best available science as defined in WAC 365-195-
900 through 365-195-925 and shall be prepared by a qualified professional who is a biologist with five (5)
years of experience preparing reports for the relevant type of habitat. The City may retain a qua lified
consultant at the applicant’s expense to review and confirm the applicant’s reports, studies and plans.
The HMP shall clearly demonstrate that greater protection of the functions and values of critical areas can
be achieved through the HMP than could be achieved through providing the prescribed habitat buffers
and building setbacks. An applicant may propose to implement an HMP as a means to protect habitat
buffers associated with streams and/or fish and wildlife conservation areas. Approval for an HM P shall not
occur prior to the consultation with the appropriate federal or state agencies.
(b) Intent. HMPs are primarily intended as a means to restore or improve buffers that have been
degraded by past activity, and should preserve, and not reduce, existing high-quality habitat buffers.
While not primarily intended as a means to reduce buffers, the HMP may propose a reduction of the
habitat buffer width where it is shown that the HMP will comply with the other requirements of this section.
(c) Effect of Buffers. An HMP shall provide habitat functions and values that are greater than would be
provided by the prescribed habitat buffers. When habitat buffers are a component of an HMP, they shall
be at least the minimum size necessary to accomplish the objectives of the HMP. The HMP may propose,
but the City shall not require, a habitat buffer containing a greater area than is required by the prescribed
habitat buffer. In a case-by-case basis, the Director may approve a departure from the prescribed habitat
buffers if two (2) state or federal resource agencies or tribes support a departure from these critical area
regulations that can demonstrate equal or greater protection of the critical areas.
(d) Impact Mitigation. The HMP shall encompass an area large enough to provide mitigation for buffer
reduction below the standard required buffers, and shall identify how the development impacts resulting
from the proposed project will be mitigated as defined in BMC 20.14.750. The developer of the plan shall
use the best available science in all facets of the analyses.
(e) The assessment of habitats for the site and project shall at a minimum include the following
information:
(1) A map prepared at an easily readable scale, showing:
(i) The location of the proposed development site;
(ii) Property boundaries, rights-of-way, and easements;
(iii) The relationship of the site to surrounding topographic, water, and cultural features;
(iv) Proposed building locations and arrangements;
(v) A legend which includes a complete legal description, acreage of the parcel, scale, north
arrow, and date of map revision;
(vi) Internal property lines,
(vii) Existing physical features of the site including buildings, fences, and other structures,
roads, parking lots, utilities, water bodies, etc.;
(viii) Map of all streams by Type.
(ix) Hydrologic mapping showing patterns of surface water movement, including base and
mean annual flows, and known subsurface water movement into, through, and out of the site
area tracing the flow of water downstream until it meets a water body that Ecology exempts
from the flow-control standard;
(x) The most recent, dated air photo with overlays displaying the site boundaries and
streams;
(2) Detailed description of vegetation on and adjacent to the project area and its associated
buffer, including description of any significant trees and snags as well as the SPTH for the project
location.
(3) Identification of any species of local importance, priority species, or endangered, threatened,
sensitive, or candidate species that have a primary association with habitat on or adjacent to the
project area, and assessment of potential project impacts to the use of the site by the species;
(4) A discussion of any federal, state, or local special management recommendations, including
Washington Department of Fish and Wildlife habitat management recommendations, that have
been developed for species or habitats located on or adjacent to the project area;
(5) A detailed discussion of the direct and indirect potential impacts on habitat by the project ,
assessment of the sites habitat connectivity with the broader environment, and including potential
impacts to water quality. This includes but is not limited to a detailed description of vegetation on
and adjacent to the project area and its associated buffer (including prevalence of snags and
downed woody material and basal area and canopy coverage within incremental 50 foot bands
from the edge of the stream); a discussion of any federal, state, or local special management
recommendations, including Washington Department of Fish and Wildlife habitat management
recommendations, that have been developed for species or habitats located on or adjacent to the
project area; for projects involving work in stream a habitat survey from 100 feet upstream to and
downstream of the work area, including the stream survey method used; dates seasonal streams
on or downstream of the site begin and cease to have intermittent flow and have temporally
continuous flow; estimate of base flows; the effect of the proposed development, activity or land
use change upon the wildlife species and habitat identified for protection; and a stream habitat
report, if applicable, including field notes of stream bankfull widths, gradients, natural barriers
including geolocation coordinates, as well as the show the calculation of bankfull width.
Description of any known or observable water qu ality problems at the development site or
downstream until marine waters are reached and whether they will continue after the development
project is completed. Basic water quality parameters that should be considered include dissolved
oxygen (DO), pH, alkalinity, and temperature.
(6) Enhancement of existing degraded buffer area and replanting of the disturbed buffer area with
native vegetation;
(7) The use of alternative on-site wastewater systems in order to minimize site clearing;
(8) Retention of existing native vegetation on other portions of the site in order to offset habitat
loss from buffer reduction;
(9) The need for fencing and signage along the buffer edge;
(10) A discussion of measures, including avoidance, minimization, and mitigation, proposed to
preserve existing habitats and restore any habitat that was degraded prior to the current proposed
land use activity and to be conducted in accordance with the mitigation sequencing required by this
chapter; and
(11) A discussion of ongoing management practices that will protect habitat after the project site
has been developed, including proposed monitoring, maintenance, and enforcement programs.
(12) Description of how the plan addresses climate change resiliency when selecting planting
palettes, restoring hydrology, or sizing, restoring or enhancing buffers.
(f) When appropriate due to the type of habitat or species present or the project conditions, the Director
may also require the habitat management plan to include:
(1) An evaluation by an independent qualified professional regarding the applicant’s analysis and
the effectiveness of any proposed mitigating measures or programs, to include any
recommendations as appropriate;
(2) A request for consultation with the Washington Department of Fish and Wildlife or the local
Native American Indian tribe or other appropriate agency; and
(3) Detailed surface and subsurface hydrologic features both on and adjacent to the site,
including a field determination of the ordinary high water mark or any surface waters and supporting
documentation.
(g) Mitigation Measures. Possible mitigation measures to be included in the report, or required by the
Director, could include, but are not limited to:
(1) Establishment of buffer zones;
(2) Preservation of critically important plants and trees;
(3) Limitation of access to habitat areas;
(4) Seasonal restriction of construction activities;
(5) Establishing phased development requirements; and
(6) Monitoring plan for a period necessary to establish that performance standards have been
met. Generally this will be for a period of five (5) years.
(7) When possible, locating mitigation in a manner that benefits wildlife habitat corridors.
(h) HMP Adequacy. The HMP shall demonstrate to the satisfaction of the City that the habitat functions
and values are improved by implementation of the HMP. If there is a disagreement between the City and
the applicant as to the adequacy of the HMP, the issue of plan adequacy shall be r esolved by consulting
with the appropriate federal or state agency. If the federal or state agencies are not available in a timely
manner, the applicant may choose to have the City refer the HMPs to a third-party consultant at the
expense of the applicant. After consultation with such state departments or third-party consultant, the
Director shall make a final decision on the adequacy of the HMP.
(i) Single-Family Minor Development Exemption. At direction of the Director, single -family
redevelopments amounting to one (1) instance of less than five hundred (500) square feet in expansion
may be exempt from requirements listed above, so long as an equal amount of native planting areas
waterward of the structure are established, consistent with the requirements of BMC 20.14.730(d)(1).
(j) Timing. An HMP must be developed and approved either prior to preliminary plat approval or
issuance of the building permit, as applicable, and must be implemented before the City grants either final
plat approval or an occupancy permit, as applicable. (Ord. 5418 §9, 2021; Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.750 MITIGATION STANDARDS AND CRITERIA.
(a) The applicant shall avoid all impacts that degrade the functions and values of a critical area or
areas. Unless otherwise provided in this title, if alteration to the critical area is unavoidable, all adverse
impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be
mitigated using the best available science in accordance with an approved habitat management plan and
SEPA documents, so as to result in no net loss of critical area functions and values.
(b) Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and
values of the critical area, and to prevent risk from a hazard posed by a critical area.
(c) Mitigation shall not be implemented until after the City’s approval of an HMP that includes a
mitigation plan, and mitigation shall be in accordance with the provisions of the approved HMP.
(d) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined
with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is
proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential
order of preference:
(1) Avoiding the impact altogether by not taking a certain action or parts of an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or
timing, to avoid or reduce impacts;
(3) Rectifying the impact to habitat conservation areas by repairing, rehabilitating, or restoring the
affected environment to the historical conditions or the conditions existing at the time of the
initiation of the project;
(4) Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
(5) Compensating for the impact to habitat conservation areas by replacing, enhancing, or
providing substitute resources or environments; and
(6) Monitoring the hazard or other required mitigation and taking remedial action when necessary.
Mitigation for individual actions may include a combination of the above measures.
(e) Mitigation Plan Requirements. When mitigation is required, the applicant shall submit for approval by
the City a mitigation plan as part of the HMP. The mitigation plan shall include:
(1) Environmental Goals and Objectives. The mitigation plan shall include a written report
identifying environmental goals and objectives of the compensation proposed and including:
(i) A description of the anticipated impacts to the critical areas and the mitigating actions
proposed and the purposes of the compensation measures, including the site selection
criteria, identification of compensation goals, identification of resource f unctions, and dates for
beginning and completion of site compensation construction activities. The goals and
objectives shall be related to the functions and values of the impacted critical area;
(ii) A review of the best available science supporting the proposed mitigation and a
description of the report author’s experience to date in restoring or creating the type of critical
area proposed; and
(iii) An analysis of the likelihood of success of the compensation project.
(2) Performance Standards. The mitigation plan shall include measurable specific criteria for
evaluating whether or not the goals and objectives of the mitigation project have been successfully
attained and whether or not the requirements of this title have been met.
(3) Detailed Construction Plans. The mitigation plan shall include written specifications and
descriptions of the mitigation proposed, such as:
(i) The proposed construction sequence, timing, and duration;
(ii) Grading and excavation details;
(iii) Erosion and sediment control features;
(iv) A planting plan specifying plant species, quantities, locations, size, spacing, and density;
and
(v) Measures to protect and maintain plants until established.
These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional
drawings, topographic maps showing slope percentage and final grade elevations, and any other
drawings appropriate to show construction techniques or anticipated final outcome.
(4) Monitoring Program. The mitigation plan shall include a program for monitoring construction of
the compensation project and for assessing a completed project (BMC 20.14.760, Monitoring and
Contingency Plan). A protocol shall be included outlining the schedule for site monitoring (for
example, monitoring shall occur in years one (1), three (3), and five (5) after site construction), and
how the monitoring data will be evaluated to determine if the performance standards are being met.
A monitoring report shall be submitted as needed to document milestones, successes, problems,
and contingency actions of the compensation project. The compensation project shall be monitored
for a period necessary to establish that performance standards have been met, but not for a period
less than five (5) years.
(5) Contingency Plan. The mitigation plan shall include identification of potential courses of
action, and any corrective measures to be taken if monitoring or evaluation indicates project
performance standards are not being met (BMC 20.14.760).
(6) Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to
ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the
compensation project, monitoring program, and any contingency measures shall be posted i n
accordance with bonds to ensure mitigation, maintenance, and monitoring (BMC 20.14.760).
(f) Innovative Mitigation.
(1) The City may encourage, facilitate, and approve innovative mitigation projects that are based
on the best available science. Advance mitigation or mitigation banking are examples of alternative
mitigation projects allowed under the provisions of this section wherein one (1) or more applicants,
or an organization with demonstrated capability, may undertake a mitigation project together if it is
demonstrated that all of the following circumstances exist:
(i) Creation or enhancement of a larger system of critical areas and open space is
preferable to the preservation of many individual habitat areas;
(ii) The group demonstrates the organizational and fiscal capability to act cooperatively;
(iii) The group demonstrates that long-term management of the habitat area will be
provided; and
(iv) There is a clear potential for success of the proposed mitigation at the identified
mitigation site. (Ord. 5418 §10, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.760 MONITORING AND CONTINGENCY PLAN.
(a) A monitoring program shall be included as a part of the approved mitigation plan for a fish and
wildlife habitat conservation area. To ensure that the performance standards of the approved mitigation
plan have been met, the mitigation and/or buffer enhancement site(s) shall be monitored for a minimum of
five (5) years. A longer monitoring period may be required by the City based on either the initial mitigation
plan or a review of subsequent monitoring reports. The monitoring reports shall be submitted on August
1st of each year during the monitoring period. The Director may waive either a performance and/or
maintenance bond for single-family residential projects on a case-by-case basis.
An acceptable surety device is required to ensure the applicant’s compliance with the terms of the
mitigation agreement.
(1) Performance Surety. All mitigation and buffer enhancement shall be completed prior to final
plat approval and/or building occupancy depending on the type of application. However, when
improvements cannot be completed prior to final acceptance due to weather conditions which may
negatively affect the success of the project, a performance surety may be used. The performance
surety shall equal one hundred fifty (150) percent of the cost of the mitigation project, and the
required improvements shall be installed in a satisfactory manner within six (6) months or less.
(2) Maintenance Surety. A maintenance surety shall be required on all mitigation projects to
ensure that the improvement successfully survives the monitoring periods set above.
(i) Mitigation Projects. The amount of the maintenance surety shall be equal to fifteen (15)
percent of the cost of the mitigation project and the term of the surety shall reflect the term of
the monitoring program.
(ii) Buffer Enhancement Projects. The amount of the maintenance surety shall be equal to
fifteen (15) percent of the costs of the enhancement project and the term of the surety shall
reflect the term of the monitoring program.
(3) Monitoring Deposit. A cash deposit shall be submitted with all sureties prior to final
acceptance of the project to cover the estimated City costs to review the yearly monitoring reports
and conduct a site inspection to ensure the performance standards are being met.
(b) Long-Term Maintenance. To ensure the long-term success of the fish and wildlife habitat
conservation area, the applicant or their heirs or successors shall be responsible for the long-term
maintenance of the habitat area and its associated buffer. T he habitat and buffer shall be kept clear of
weeds, invasive plant material, lawn clippings, junk, debris, intrusions or the like. (Ord. 5418 §11, 2021;
Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
Chapter 20.50
LANDSCAPING
20.50.010 INTENT.
The intent of this chapter is to establish landscaping standards that contribute to a quality urban
environment by connecting open spaces, maintaining native, drought-resistant vegetation, replacing
nonnative and invasive species, increasing privacy for residential areas, providing visual relief of parking
lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and stormwater
runoff while providing on-site filtration to protect groundwater resources from pollutants and flooding.
The intent of this chapter is to establish landscaping standards that contribute to a quality urban
environment by encouraging the retention of existing vegetation, expansion of urban tree canopy through
landscaping and street trees, usage of drought resistant vegetation, screening areas of low visual
interests, buffering potentially incompatible developments, and to compliment development sites with
landscaping.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005)
20.50.020 APPLICABILITY.
All new development, including expansion of existing structures and/or uses, shall be subject to the
requirements of this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8
(Exh. A) (part), 2005)
20.50.030 EXCEPTIONS.
(a) Landscaping standards do not apply to residential short subdivisions or developments of single-
family units on individual lots, except that all undeveloped areas of the property shall be landscaped and
continually maintained or retained in a natural undisturbed state.
(b) The Director may waive or reduce any requirement(s) of this chapter in the following cases:
(1) W hen a proposed remodel or change of use is valued at fifty (50) percent or less of the
assessed value of onsite structures as determined by the Kitsap County Assessor . The remodel of
an existing building results in the expansion of floor area that is ten (10) percent or less of the
existing floor area;
(2) For the remodel an existing development that results in no modifications except normal
maintenance and repair; An expansion of a use that results in no modifications (except normal
maintenance and repair of the structure) to the outdoor area of the site;
(3) When no new surface parking is proposed. To accommodate required off-street parking
spaces. Pervious pavem ent or other landscaping mitigation may be required to accommodate for
the loss of stormwater function.
(4) Improvements associated with damaged by fire or other casualty not intentionally caused by
the owner or tenant, when a permit is applied for within one (1) year of such fire or casualty.
(c) Parking lots with less than thirty (30) spaces are exempt from internal landscaping
requirements if they provide at least a five (5) foot width of landscaping across the frontage and
along at least one (1) other property line and only one parking lot is located on site. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4977 §6, 2006; Ord. 4950 §8 (Exh. A) (part),
2005)
20.50.040 GENERAL PROVISIONS.
Where existing trees and vegetation serve the same or similar function to the required landscaping, they
may substitute for the required landscaping, provided the submitted plan is consistent with BMC
20.50.050(d) and BMC 15.04 Stormwater.
(a) Front Yards. All front yard setback areas shall be landscaped pursuant to the performance
standards per BMC 20.50.050. For zones with a maximum front yard setback, the first ten (10) feet not
occupied by a primary structure shall be landscaped ;
(b) Street Trees. Street trees shall be planted along public and private streets per performance
standards in BMC 20.50.050(a) unless otherwise required by BMC 20.50.050(c). Trees shall be located
within the front yard setback area, or within a public right-of-way if approved by the City and the property
owner arranges the planting and maintenance of said street trees , or similar area approved by the
Director;
(c) Visual Screening. When any nonresidential development, as defined by the International Building
Code (which includes three (3) or more units), is proposed on a site that is adjoining the low or medium
density residential zones, visual screening shall be provided according to the performance standards in
BMC 20.50.050(b);
(d) Tree Root Control Barrier. Trees planted within five (5) feet of a public street, sidewalk, or utility
infrastructure may be required to install root control barrier to prevent physical damage to improvements.
Root control barriers shall consist of galvanized metal or plastic sheets extending a minimum of two feet
below the finished grade of the surrounding surface or as directed by the City Engineer within public road
rights-of-way. Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or
designated trails and open spaces in the Comprehensive Plan shall provide Type I visual screening along
the site facing the trail or open space per the performance standards outlined in BMC 20.50.050(b);
(e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall remain with
existing vegetation, including significant trees, as provided for in BMC 20.50.050(d), but excluding plants
that can be classified as noxious weeds or as invasive species;
(f) Alternative Landscaping Plan. The requirements of this chapter may be modified to encourage better
landscaping design as follows:
(1) A request for approval of alternate landscaping shall be submitted and accompanied by a
landscape plan as required above;
(2) An alternative landscaping plan may be approved, provided a finding by the City of public
benefit and that the total area of landscaping shall be equal to or exceed that created by adherence
to the standard landscaping and buffer requirements;
(g) Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy
(CO), except that in lieu of installing required landscaping, a performance assurance device may be
provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape
plan is carried out when required by this chapter. The following conditions apply:
(1) A bond or other acceptable assurance device shall be in the amount of one hundred twenty-
five (125) percent of the estimated cost required to complete the approved landscaping, in order to
guarantee its installation and the replacement of any plants that die within two (2) years of the
posting of the bond;
(2) If a performance assurance device is provided, landscaping shall be installed within the next
planting season and no later than one (1) year from the date of issuance of a CO. If the approved
landscape plan is not carried out, the City shall use the performance assurance device to complete
the landscaping;
(3) A performance assurance device will be released two (2) years after it is posted if the
landscaping vegetation is in a healthy growing condition;
(4) Prior to certificate of occupancy, or release of a bond or other accepted assurance device, the
Director may require a letter from the project landscape designer confirming that all landscaping,
irrigation, and other features required per BMC 20.50 have been installed per submitted plans
approved by the City of Bremerton. All such submitted letters shall include a copy of the landscape
plan reviewed by the project landscape designer and/or arborist.
(h) Maintenance Required. All plant material shall be maintained in a healthy growing condition free of
weeds, trash or debris through the life and use of the development. Dead, damaged, diseased, or missing
plant material shall be replanted or replaced as necessary to comply with the approved landscaping plan
and the requirements of the chapter. Maintenance standards and assurances must be provided in the
landscape plan as described in BMC 20.50.060. (Ord. 5364 §5, 2018: Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005)
20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the following manner:
(a) General landscaping is intended to provide visual separation between compatible uses and to soften
the appearance of parking lots and building facades. All required setback areas, parking lots, and interior
landscaping areas shall comply with the following:
(1) Street trees are required, one (1) tree for every twenty-five (25) linear feet of street frontage,
and shall be spaced a maximum distance of thirty-five (35) feet on center; however, trees may be
spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in
this chapter;. Alternatively, street trees may be provided one (1) for every f ifty (50) linear feet of
street frontage when tree varieties are:
(i) Listed in current Bremerton Approved Street & Row Tree List, and;
(ii) Have a growth rate of two (2) feet or more annually, and;
(iii) Have a mature height of at least thirty (30) feet, and;
(iv) Planting strip width requirements identified in the Bremerton Approved Street & Row Tree
List are met, or ten (10) feet whichever is less, and;
(v) The applicant demonstrates measures taken to avoid conflicts with onsite utilities,
overhead utilities, and neighboring properties.
(vi) The Director may allow street tree landscape planter areas to be limited to turf grasses
when criteria per BMC 20.50.050(a)(1)(i) through BMC 20.50.050(a)(1)(v) are met.
(2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination
thereof; nonliving materials shall not exceed twenty (20) percent of the landscaped area within two
(2) years of planting;
(3) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include
at least one (1) tree in combination with shrubs, ground cover, or other landscape materials;
(4) Bioswales and permeable pedestrian access ways connecting landscaped areas are
encouraged and are included in the calculation of required landscaping square footage . Low impact
development best management practices performed on site may count towards required
landscaping (tree for tree, and square footage for square footage);
(5) Interior landscaping shall be dispersed as equally as possible throughout the site particularly
in parking areas;
(6) Parking lots shall have at least ten (10) square feet of interior landscaping for each parking
space. Required peripheral trees and required landscaped setback areas shall not be included in
the interior landscaping calculations;
(7) For every ten (10) parking stalls one (1) tree shall be installed within a landscaped the internal
parking lot area; and
(8) Landscaped areas shall consist of no more than fifty (50) percent deciduous species.
(9) In areas accessible by motor vehicles, provide permanent curbs to protect plantings areas.
For the purposes of this section, curbs are stone, concrete, or asphalt barriers with a minimum of
six (6) inches in height, of areas accessible by vehicles.
(10) The Director may waive or reduce criteria BMC 20.50.050(a)(2) through BMC
20.50.050(a)(8) and BMC 20.48.080(b)(2) when the following criteria are met for interior
landscaping trees:
(i) Interior landscape trees meet criteria per BMC 20.50.050(a)(1)(i) through BMC
20.50.050(a)(1)(v).
(ii) Interior landscape tree densities are not less than one (1) per three thousand (3,000)
square feet of total outdoor area utilized for driveways, loading, parking, and maneuvering
motorized vehicles. The Director may reduce interior tree density when the applicant
demonstrates that onsite mature tree canopy exceeds one third (1/3) of total outdoor area
utilized for driveways, loading, parking, and maneuvering motorized vehicles.
(iii) Interior tree landscape planter areas may consist of decorative nonliving materials such
as rock, bark, or similar.
(b) Visual screening is intended to function as a year-round full visual barrier between incompatible
uses. Visual screening is required for all commercial projects adjacent to the low or medium density
residential zones. Visual screening is required as follows:
(1) Type I. Required along the property line(s) of all nonresidential development proposed on a
site that is adjoining the low or medium density residential zones. For purposes of this subsection,
nonresidential development is as defined in the International Building Code (which includes three
(3) or more dwelling units) and not specifically identified in subsection (b)(2) of this section. A Type
I visual screen shall include the following:
(i) A landscaped area of at least ten (10) feet wide;
(ii) A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center.
Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add
seasonal and textural variation;
(iii) Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs
may be spaced irregularly in natural groupings rather than uniformly spaced; however,
grouped shrubs should be no more than five (5) feet apart from each other; and
(iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent
to parking areas to ensure headlights do not project into residential properties. Measures shall
be taken to ensure quality in the visual character of the wall or fence on the side facing the
residential lot.
(2) Type II. Required for all large retail, motion picture theaters, junk yards, heavy
industrial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the
low or medium density residential zones. Type II screening shall be provided along all property
lines that adjoin the low or medium density residential zones. A Type II visual screen shall include
the following:
(i) Landscaped area of at least twenty (20) feet in width;
(ii) A double row of evergreen trees spaced no more than fifteen (15) feet apart on center
(rows shall be offset and spacing triangulated); existing mature healthy trees on site are
encouraged to be retained;
(iii) Shrubs shall be planted to enhance the visual barrier. Shrubs ma y be spaced irregularly
in natural groupings rather than uniformly spaced; however, grouped shrubs should be no
more than five (5) feet apart from each other; and
(iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjace nt
to parking areas to ensure headlights do not project into residential properties. Measures shall
be taken to ensure quality in the visual character of the wall or fence on the side facing the
residential lot.
(c) Centers. Intended to soften the streetscape and sidewalk areas in a dense urban environment.
Projects within the centers must comply with the provisions set forth in adopted subarea plans, the
provisions of this chapter, and the following:
(1) Street trees shall be provided within the front yard setback, or in the sidewalk along any
facade facing a major arterial. Any trees located in the City right-of-way may require additional
approval through the Department of Public Works and Utilities. Trees shall be spaced no less than
three (3) trees per one hundred (100) linear feet of frontage. Trees placed in the sidewalk should be
provided with street grates at the sidewalk level providing a continuous walking surface to within six
(6) inches of the tree base. Where existing areaways or vaults pre vent this form of planting, trees
shall be planted in planters equipped with irrigation. All trees shall be of a species which allows
pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a
height of at least eight (8) feet. Trees shall have a minimum caliper of two and one-half (2-1/2)
inches at the time of planting;. The Director may alter street tree standards of this subsection when
criteria per BMC 20.50.050(a)(1)(i) through BMC 20.50.050(a)(1)(v) are met.
(2) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip
containing a combination of trees (with no fewer than three (3) trees per one hundred (100) linear
feet of frontage) and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty
(30) inches may be substituted for shrubs.; and The Director may alter surface parking lot
standards of this subsection when criteria per BMC 20.50.050(a)(10)(i) are met.
(3) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the
interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two
and one-half (2-1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks
shall be provided.
(d) Vegetation Preservation. The retention of existing and healthy trees and vegetation is important to
help promote the utilization of natural systems, reduce the impacts of development on the storm drainage
system and provide a better transition between various land uses within the City. The following provisions
encourage vegetation preservation as follows:
(1) To the greatest extent possible existing healthy significant trees defined below shall be
retained on site. Should a proposal include the removal of all or portions of a significant tree(s), a
qualified arborculturalist International Society of Arboriculture (ISA) Certified Arborist or urban
forester shall be retained by the applicant to inventory the tree(s) and make recommendations
regarding the protection, retention, preservation or removal of the tree(s). A copy of the report and
recommendations shall be submitted to the City as part of the application process.
(2) Existing healthy trees and vegetation may substitute for newly required landscaping. Credit
shall be granted tree for tree and area for area where existing trees and vegetation serve the same
or similar function to the required landscaping. In order to promote the retention of existing
significant trees during site development, each significant tree within the landscaped area shall
count as three (3) newly required trees.
(3) Credit may be given by the Director at the time of site plan review for the preservation of
significant tree(s) in exchange for the loss of a parking space.
(34) Significant trees are defined as follows:
(i) Evergreen Trees. Eight (8) inches in diameter or greater, measured four (4) feet above
existing grade; and
(ii) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet
above existing grade.
(4) Critical root zones (tree protection zone) as defined by the International Society of
Arboriculture shall be protected. No development, fill, excavation, construction materials,
equipment staging, or traffic shall be allowed in the critical root zone of trees that are to be
retained.
(e) Planting Materials. Plants shall be selected based upon site-specific conditions which may affect
plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New
plant materials shall consist of drought-resistant species, or other species that are irrigated per the
provisions of BMC 20.50.060(b)(4) or located in high moisture content soils. Plant material selection shall
be consistent with the list maintained by the most current edition of the American Standard for Nursery
Stock American Association of Nurserymen (AAN). Plant materials shall also be coordinated with utility
company requirements to avoid conflicts. Unless otherwise specified within this chapter all required
landscaping shall at a minimum meet the following size requirements:
(f) Plant Type and Size. Minimum plant size shall be consistent with Plants shall be sized according to
the following:
(1) Standard dDeciduous trees: one and one-half (1-1/2) inch to two (2) inch caliper, or one-and-
one-half (1-1/2) inch for drought-resistant species.
(2) Small ornamental and flowering trees: one and one-half (1-1/2) inch to one and three-fourths
(1-3/4) inch caliper.
(23) Evergreen trees: five (5) feet to six (6) feet in height, or four (4) feet for drought-resistant
species.
(4) Shrubs: minimum size one (1) gallon container.
(5) Ground cover: minimum four (4) inch container.
(g) Interruptions. Screening and buffering may be interrupted where necessary for access consistent
with the general provisions of this chapter.
(h) Safety. All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs
eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and
shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a
hydrant.
(i) Freestanding Signs. An area around the base of each freestanding sign equal to the sign area must
be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting
the sign or supports of the sign. This landscaping must include vegetation and may include other
materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative
framing.
(j) Outdoor Storage. Unless provided for otherwise in this title, outdoor storage in all zones is prohibited,
except for limited to the minimum number of refuse containers necessary to support approved on-site
uses. Dumpsters, refuse containers for commercial uses, and outdoor storage permitted by the
underlying zone shall comply with the following criteria:
(1) Be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall
be considered a structure and shall conform to setbacks which may be required for building on
street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible
from a public right-of-way.
(2) Outdoor storage and refuse containers requiring screening in the GC, R-40, NB, and land use
centers shall be screened with materials which are architecturally similar to the primary structure.
(3) Outdoor storage and refuse containers should not be located between a street and the front of
the building, except in industrial zones.
(k) Clear-Vision Triangle. A clear-vision area shall be maintained at the intersections of streets, alleys
and commercial driveways, or combinations thereof as determined by the City Engineer with the following
requirements:
(1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual
obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground,
measured from the established centerline of the street, alley or driveway;
(2) The foregoing provision shall not apply to:
(i) A tree trimmed to the trunk within the three (3) to eight (8) foot clear area;
(ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed
cross-view in all seasons;
(iii) A supporting member or appurtenance to a permanent building lawfully existing on the
site;
(3) Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum
setback may be granted thorough a Type I Director decision. (Ord. 5364 §6, 2018: Ord. 5319 §8,
2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 5008 §6, 2007: Ord. 4971
§11, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.50.060 LANDSCAPING PLAN SUBMITTAL.
A landscape plan shall accompany all land use applications, including permits for clearing, grading, and
building.
(a) A landscape plan shall be drawn to scale and shall indicate:
(1) Project name, owner’s name, designer’s name, north arrow, date and scale;
(2) Existing property lines, easements, rights-of-way, utilities, setbacks, trees, fences, and other
screening and structures;
(3) Existing and proposed grades of at least five (5) foot intervals;
(4) Proposed plantings, identified by scientific or common name, and caliper, size, and minimum
height of specimens to be planted.
(b) A landscape plan shall provide assurances for the following:
(1) Landscape areas consisting of drought-resistant vegetation will not require temporary or
permanent irrigation systems;
(12) Areas where existing site conditions assure adequate soil moisture for growth within the
required landscape area shall have temporary irrigation systems only as required to sustain new
plantings;
(23) Except for areas of undisturbed existing vegetation, all landscape areas that do not have
high soil moisture conditions shall have temporary or permanent irrigation systems, or temporary
irrigation systems where drought-resistant vegetation is installed. Temporary systems may be
removed after twenty-four (24) months or two (2) growing seasons, whichever occurs first;
provided, that the plantings are established;
(34) Permanent irrigation systems located within required landscape areas shall include the
following features:
(i) Moisture or precipitation sensors;
(ii) Automatic timers set for operation to assure adequate moisture levels;
(iii) Head-to-head spacing, if sprinkler heads are proposed;
(iv) Pressure-regulating devices;
(v) Backflow prevention devices;
(vi) Separate irrigation zones for grass and planting beds;
(vii) Other provisions applicable to state and City codes;
(45) Irrigation water shall be applied with demonstrated consideration for avoiding runoff, low
head drainage, overspray, or other similar conditions where water flows onto adjacent property,
nonirrigated areas, and impervious surfaces;
(56) All landscaping shall be maintained in healthy growing condition for the life of the project;
(67) All plant material shall be managed by pruning so that plant growth does not conflict with
public utilities, restrict pedestrian or vehicular access, or create a traffic hazard. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005)
ORDINANCE NO. ______
AN ORDINANCE of the City Council of the City of
Bremerton, Washington amending the Shoreline Master Program.
WHEREAS, the people of the State of Washington enacted the Shoreline
Management Act (Chapter 90.58 RCW) by a vote of the people in 1971; and
WHEREAS, the Growth Management Act of 1990 (“GMA”) (RCW 36.70A.480)
adds the goals and policies of the Shoreline Management Act as set forth in RCW 90.58.020 as
one of the goals of the GMA without creating an order of priority; and
WHEREAS, in 2003, the Department of Ecology adopted rules, pursuant to RCW
90.58.200, which gave procedural and substantive direction to local jurisdictions for updating
shoreline uses and regulations, which became effective January 17, 2004; and
WHEREAS, the City Council passed Ordinance No. 5229 on December 4, 2013,
adopting the Shoreline Master Program (“SMP”) after approval of Department of Ecology, to be
compliant with RCW 90.58.020 and WAC 173-26-186; and
WHEREAS, the City Council passed Ordinance No. 5327 on July 5, 2017 making
minor limited amendments to the SMP after approval of Department of Ecology, to be compliant
with updated regulations; and
WHEREAS, the City Council passed Ordinance No. 5417 on April 28, 2021,
making minor limited amendments to the SMP after approval of Department of Ecology, to be
compliant with updated regulations; and
WHEREAS, in accordance with Chapter 43.21C RCW and WAC 197-11, a
Determination of Non-Significance (“DNS”) was issued on December 12, 2025, with a comment
period which expired on December 26, 2026, and an appeal period which expired on January 9,
2026. No appeals were filed; and
WHEREAS, revisions have been made to SMP Chapter 2 Goals and Policies;
Chapter 3 Definitions; Chapter 4 Maps; Chapter 5 Permit Administration; Chapter 7 General
Standards and Regulations; and Chapter 9 Shoreline Modifications; and
WHEREAS, on December 12, 2025, amendments to the SMP were circulated to
the State Agencies for the requisite 60-day review and comment period; and
WHEREAS, the Bremerton Planning Commission held a Joint Public Hearing on
January 26, 2026 at which they considered staff’s recommendations, received testimony, and
formulated a recommendation for the SMP update to City Council for consideration at a duly
advertised public hearing. The joint review process, per WAC 173-26-104, consolidates the local
and State of Washington Department of Ecology’s SMP public comment periods, speeding up
the approval process; and
WHEREAS, on March 9, 2026, the public was notified by legal advertisement in
the Kitsap Sun of the opportunity to provide comment and participate in the public hearing by
the City Council; and
WHEREAS, the Bremerton City Council held two Study Sessions, on February
25 and March 18, 2026, and an information-only City Council meeting on March 4, 2026, to
discuss the proposed amendments; and
WHEREAS, the Bremerton City Council received public testimony from
interested parties and considered all written and oral arguments at a duly advertised public
hearing for the Draft SMP document. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The recitals set forth above
are hereby incorporated as if set forth herein in full.
SECTION 2. Planning Commission Findings. The Findings and Conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as if set forth herein in full.
SECTION 3. Shoreline Master Program Adopted. The City of Bremerton
Shoreline Master Program, as set forth in Exhibit B, attached hereto and incorporated herein by
reference, is hereby adopted.
SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 5. Severability. If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect; and
SECTION 6. Effective Date. This Ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2026
_________________________________
JANE REBELOWSKI, Council President
Approved this ________ day of ________________________, 2026
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
PUBLISHED the________ day of ______________________, 2026
EFFECTIVE the_________day of ______________________, 2026
ORDINANCE NO. ____________
2
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Contents
Chapter 1 - Introduction, Authority and Purpose ........................................................... 5
Chapter 2 – Goals and Policies .......................................................................................... 7
2.010 Intent: ................................................................................................................................................................ 7
2.020 Master Goal: ...................................................................................................................................................... 7
2.030 General Goals: ................................................................................................................................................... 7
2.040 General Policies: ............................................................................................................................................. 11
2.045 Aquaculture Policies: ...................................................................................................................................... 12
2.050 Commercial Development Policies: ................................................................................................................ 13
2.055 Forest Practices Policies: ................................................................................................................................. 13
2.060 Industrial Development Policies: .................................................................................................................... 13
2.065 Marinas and Boating Facilities Policies: ......................................................................................................... 14
2.070 Recreational Development Policies: ................................................................................................................ 14
2.075 Residential Development Policies: .................................................................................................................. 15
2.080 Roads, Railways, and Utilities Policies: .......................................................................................................... 15
2.085 Clearing and Grading Policies: ........................................................................................................................ 16
2.090 Docks, Piers, and Other In-Water Structures Policies: .................................................................................... 16
2.095 Dredging Policies: ........................................................................................................................................... 17
2.100 Flood Hazard Reduction Policies: ................................................................................................................... 17
2.105 Landfill Policies: ............................................................................................................................................. 17
2.110 Restoration and Conservation Policies: ........................................................................................................... 18
2.115 Shore Stabilization Policies: ............................................................................................................................ 18
2.120 Stormwater Management Facilities Policies: .................................................................................................. 19
Chapter 3 - Definitions ..................................................................................................... 20
Chapter 4 – Shoreline Maps and Designations .............................................................. 31
4.010 Intent: .............................................................................................................................................................. 31
4.020 Maps: ............................................................................................................................................................... 31
4.030 Designations: ................................................................................................................................................... 45
4.040 Shorelines of Statewide Significance: ............................................................................................................. 50
Chapter 5 - Permit Administration ................................................................................. 52
5.010 Applicability: ................................................................................................................................................... 52
5.020 Permit Application Types:............................................................................................................................... 59
5.030 Noticing Requirements: ................................................................................................................................... 59
5.040 Criteria of Approval: ....................................................................................................................................... 61
5.050 Appeals:........................................................................................................................................................... 62
5.060 Time Periods: .................................................................................................................................................. 63
5.070 Violations and Penalties: ................................................................................................................................. 64
5.080 Shoreline Moratorium: .................................................................................................................................... 65
5.090 Restoration Project Relocation of Ordinary High Water Mark: ...................................................................... 65
5.100 Special Procedures for WSDOT projects ........................................................................................................ 66
Chapter 6 - Nonconforming Provisions .......................................................................... 67
6.010 Intent: .............................................................................................................................................................. 67
6.020 Establishment of a Legal Nonconformity and Applicability: .......................................................................... 67
6.030 Annexation: ..................................................................................................................................................... 67
6.040 Substantial Destruction: .................................................................................................................................. 67
6.050 Nonconforming Lots: ...................................................................................................................................... 68
6.060 Nonconforming Uses: ..................................................................................................................................... 68
6.070 Nonconforming Structures: ............................................................................................................................. 70
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6.080 Unlawful Uses and Structures: ........................................................................................................................ 71
Chapter 7 – General Standards and Regulations .......................................................... 72
7.010 Buffers and Setbacks: ...................................................................................................................................... 72
7.020 Vegetation Conservation: ................................................................................................................................ 76
7.030 Mitigation Sequencing for of Ecological Functions: ...................................................................................... 77
7.040 Public Access: ................................................................................................................................................. 79
7.050 Water Quality, Stormwater, and Non-Point Pollution: .................................................................................... 81
7.060 Archaeologically Sensitive Areas: .................................................................................................................. 82
7.070 Lighting Requirements: ................................................................................................................................... 82
7.080 Parking Requirements: .................................................................................................................................... 83
7.090 Use and Modifications Matrix and Height Table: ........................................................................................... 83
Chapter 8 – Shoreline Use Regulations ........................................................................... 87
8.010 Intent: .............................................................................................................................................................. 87
8.020 Aquaculture: .................................................................................................................................................... 87
8.030 Commercial Development: .............................................................................................................................. 89
8.040 Forest Practices: .............................................................................................................................................. 90
8.050 Industrial Development: .................................................................................................................................. 90
8.060 Marinas and Boating Facilities: ....................................................................................................................... 92
8.070 Recreational Development: ............................................................................................................................. 94
8.080 Residential Development: ............................................................................................................................... 95
8.090 Roads, Railways, and Utilities: ....................................................................................................................... 97
Chapter 9 – Shoreline Modifications............................................................................. 101
9.010 Intent: ............................................................................................................................................................ 101
9.020 Clearing and Grading: ................................................................................................................................... 101
9.030 Docks, Piers, and Other In-Water Structures: ............................................................................................... 101
9.040 Dredging: ....................................................................................................................................................... 105
9.050 Flood Hazard Reduction:............................................................................................................................... 106
9.060 Landfills: ....................................................................................................................................................... 107
9.070 Restoration and Conservation: ...................................................................................................................... 108
9.080 Shore Stabilization: ....................................................................................................................................... 108
9.090 Stormwater Management Facilities: .............................................................................................................. 114
Appendices:
Appendix I: Public Access Plan
Appendix II: Restoration Plan
Accompanying Documents
I: Shoreline Inventory & Analysis
II: Cumulative Effects Analysis
III: Critical Area Ordinance
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Chapter 1 - Introduction, Authority and Purpose
The City of Bremerton recognizes the intent of the legislature of the State of Washington
in adopting the "Shoreline Management Act (SMA) of 1971" and adopts by reference the
findings therein including, but not limited to, the intent to protect shorelines of statewide
significance, their associated natural resources, and providing opportunities for the
general public to have access to generally enjoy shorelines. The Shoreline Management
Act is incorporated into the Washington State Coastal Zone Management Program and,
thereby, those direct federal agency activities affecting the use or resources subject to the
Act must be consistent to the maximum extent practicable with the enforceable
provisions of the Act, regulations adopted pursuant to the Act and this local Master
Program.
The State legislature has established that shorelines of the State are among the most
valuable and fragile of its natural resources (such as Puget Sound) and there is great
concern throughout the State relating to their utilization, protection, restoration, and
preservation. In addition, ever increasing pressures of additional uses are being placed on
the shorelines necessitating increased coordination in the management and development
of the shorelines of the State.
The legislature has determined that much of the shorelines of the state and the uplands
adjacent thereto are not necessarily being utilized in a way that is in the best interest of
the public. This conclusion was drawn by evaluating the public and private development
which has taken place on or adjacent to shorelines of Statewide Significance. Due to this,
the legislature has determined that coordinated planning is necessary in order to protect
the public interest associated with the shorelines of the state while, at the same time,
recognizing and protecting private property rights consistent with the public interest.
There is, therefore, a clear and urgent demand for a planned, rational, and concerted
effort, jointly performed by federal state and local governments, to prevent the inherent
harm in uncoordinated and piecemeal development along such shorelines.
In drafting this latest version of the Bremerton Shoreline Master Program the City has
followed the State mandates and guidelines established in the WAC and RCW. These
requirements have had a significant impact on the goals, policies, and regulations within
this document. In order to better understand the programs objectives the portions of
RCW 90.58.020 are provided as follows:
It is the policy of the state to provide for the management of the shorelines
of the state by planning for and fostering all reasonable and appropriate
uses. This policy is designed to insure the development of these shorelines
in a manner which, while allowing for limited reduction of rights of the
public in the navigable waters, will promote and enhance the public interest.
This policy contemplates protecting against adverse effects to the public
health, the land and its vegetation and wildlife, and the waters of
6
the state and their aquatic life, while protecting generally public rights of
navigation and corollary rights incidental thereto.
The legislature declares that interest of all people shall be paramount in the
management of shorelines of statewide significance. The department (of
Ecology) in adopting guidelines for shorelines of statewide significance,
and local government in developing master programs for shorelines of
statewide significance shall give preference to uses in the following order
of preference which:
1. Recognize and protect the statewide interest over local interest;
2. Preserve the natural character of the shoreline;
3. Result in long-term over short-term benefit;
4. Protect the resources and ecology of the shoreline;
5. Increase public access to publicly owned areas of the shorelines;
6. Increase recreational opportunities for the public in the shoreline;
7. Provide for any other element as defined in RCW 90.58.100 deemed
appropriate or necessary.
The Shoreline Management Act's paramount objectives are to protect and restore the
valuable natural resources that shorelines represent and to plan for and foster all
"reasonable and appropriate uses" that are dependent upon a waterfront location or which
will offer the opportunities for the public to enjoy the State's shorelines. With this clear
mandate, the provisions of the Shoreline Management Act established a planning and
regulatory permit program, which is initiated at the City and county level under State
guidance through the local Shoreline Master Program.
This cooperative effort balances local and Statewide interests in the management and
development of shoreline areas. Local governments are required to plan for shoreline
development by developing local shoreline master programs (SMPs). They are also
required to regulate such development through a shoreline permit system for Substantial
Development projects.
Local government actions are monitored by the State of Washington Department of
Ecology (DOE), which approves new or amended SMPs, reviews Substantial
Development permits, and approves conditional use permits and variances. The local
Shoreline Master Program is essentially a shoreline Comprehensive Plan with a distinct
environmental orientation applicable to shoreline areas customized to local
circumstances. Collectively, all the local master programs comprise the State Shoreline
Master Program.
7
Chapter 2 – Goals and Policies
2.010 Intent:
The goals of the Shoreline Master Program are intended to be comprehensive goal
statements. The goals state the broadest principals that establish the intent behind Master
Program requirements. These goal statements are intended to ensure consistency as
Master Program policies and regulations are applied to various shoreline uses. The
following wheel depicts how all the goals are interconnected. Each primary goal group is
integrally tied to a master goal. While each goal group is a separate concept, many of the
principles within each group are interrelated. It is the intent of the goal wheel to depict
this relationship.
2.020 Master Goal:
The overall focus of this plan is to protect and restore shoreline resources and ecological
functions, increase public access to the shoreline, promote economic development,
accommodate water dependent uses and address climate change adaptation/resiliency. In
order to achieve rational, balanced, and responsible use of our irreplaceable shorelines
uses need to be coordinated to ensure that long term over short term benefits result.
2.030 General Goals:
Each primary goal is listed in alphabetical order followed by the supporting goals for each
group.
(a) Circulation Goal:
Enhance the overall mobility of Bremerton residents and visitors to and around shorelines
without detracting from habitat function or public access.
8
(1) Generally avoid locating new roads, railroads, and bridges within shoreline
jurisdiction. When such features must be in shoreline jurisdiction locate them
where routes will have the least adverse effect on shoreline function. Great effort
should be taken to ensure such facilities do not result in a net loss of shoreline
ecological functions or adversely impact existing or planned water dependent
uses.
(2) Where permitted, roads, railroads, and bridges should cross the shoreline area by
the shortest most direct route, unless such a route would cause a net loss in
shoreline ecological functions. Areas where salmon congregate to spawn or hold
should receive special consideration for avoidance.
(3) Improve facilities such as trails and bicycle lanes for safe pedestrian and non-
motorized travel along public roadways in scenic areas.
(4) Make use of rights of way for public access by encouraging rest areas, view
turnout points, and picnic areas. Encourage the improvement of appropriate street
ends abutting water bodies for public access.
(5) Maximize opportunities to jointly use rights of way for roads, utilities, and non-
motorized access to ensure the most beneficial use of public spaces.
(b) Conservation and Restoration Goal:
Emphasize activities that restore and enhance ecological functions and environmental
qualities in order to achieve no net loss of ecological function on both a reach and
watershed scale.
(1) Conserve existing natural resources through regulatory and non-regulatory means
such as development standards, ensuring ecologically sound designs, creating
restoration programs, and encouraging education programs.
(2) Critical areas within the shoreline should be managed to achieve protection or
restoration of existing and degraded ecological functions and ecosystem wide
processes. In protecting and restoring critical areas within the shoreline, the City
can integrate the full spectrum of planning and regulatory measures.
(3) Ensure that uses and activities retain native vegetation, or replace existing non-
native vegetation with native species in order to achieve no net loss of ecological
functions and ecosystem wide processes performed by native vegetation.
(4) Encourage developments to integrate shoreline ecological restoration into projects
through non-regulatory means.
(5) Prevent and minimize pollution, sedimentation, and soil erosion through
regulatory and non-regulatory means such as surface water management.
(6) Conservation efforts should focus on protecting and sustaining existing ecological
functions for long term success; such protection may be ensured through the use
of conservation easements.
(7) Recognize and monitor the potential effects of climate change as additional
scientific information becomes available and encourage shoreline development
and redevelopment which will deal will sea level rise in the following order:
avoid, retreat protect and accommodate.
(i) Comprise/Gather information and establish a climate change strategic
plan on the impacts of sea level rise on the shoreline and other affected
property; the City should develop plans to address the impacts of sea level
9
rise and climate change in collaboration with impacted property owners,
the community, and the Department of Ecology.
(ii) Consider changes to the character (type of sediment, erosion etc.) of
public and private shorelines during future Master Program updates.
(iii) The City should consider sea level rise impacts as it plans for new
development as well as other public and private shoreline projects,
consistent with the best available science and the life cycle of the
improvements.
(c) Economic Development Goal:
Encourage development, redevelopment, and infill that will improve ecological functions,
restore riparian buffers, and benefit the community. Priority should be given to single
family residences, however commercial uses should be developed in the following order of
preference: water dependent, water related, water enjoyment, and shoreline mixed uses.
(1) Plan for reasonable and appropriate shoreline uses, while ensuring that new,
redeveloping, and existing use of facilities do not result in a net loss of
shoreline ecological functions.
(2) Classify areas based on use and ecological function. Focus attention on
community benefit, ecosystem processes and functions to determine
conservation strategies and restoration priorities.
(3) Reserve areas for future water dependent and water related uses that
are compatible with ecological protection and restoration objectives.
(4) Non-water-oriented activities should be located upland, away from the shoreline
except where access to the water is not provided or where the non-water-oriented
use provides for ecological restoration and public access. Locations where there
is a bluff or a topographic break the non-water-oriented use should be landward
of the top of the bluff.
(5) Elements of a development that do not require location water access such as
parking, circulation, or similar elements should be located inland and away from
the immediate water's edge and/or from recreational beaches so as not to
interfere with access to the shoreline.
(6) Over-water and in-water uses should be prioritized to provide for public access,
multiple use, and expansion of existing facilities rather than the addition of new
facilities. Preference should be given to the expansion of existing marinas, shared
docks, etc. in order to minimize the consumption of limited shoreline resources.
(7) All shoreline policies, regulations and development standards should recognize
and protect private rights and, to the extent possible, should be designed to
protect the rights of adjacent property owners.
(d) Historical, Cultural, & Educational Goal:
To protect the public’s interest in the conservation, preservation, and restoration of
buildings, sites, and areas having historical, cultural, scientific, or educational value.
(1) Protect and restore shoreline areas having historical and/or cultural significance
especially those shorelines that are of cultural significance to the Suquamish
Tribe.
(2) Encourage cooperation among public and private groups in the research and study
10
of historical or cultural sites within the City.
(3) Acknowledge the value to be gained from research of shorelines having historical
and/or cultural significance. Support the continuation and expansion of such uses
to improve the overall educational value of our shorelines.
(4) Coordinate with existing organizations and local shoreline programs to ensure
availability of ongoing educational programs for residents, landowners, and
recreational users.
(e) Public Access Goal:
Improve public access to the shorelines wherever feasible, provided it will not adversely
impact ecological functions.
(1) Ensure shoreline access and recreational areas are designed to provide safe and
abundant access to marine environments for all citizens and meet current ADA
requirements
(2) Encourage water-oriented shoreline uses and activities that provide an
opportunity for substantial numbers of the public to enjoy City shorelines.
(3) Incorporate public access into developments (including land division) where
possible. Design public access to be as close as possible to the water's edge without
impacting safety or habitat function.
(4) Control development, uses, and activities on or near the shoreline so as not
to impair or detract from the public's access to the water.
(5) Preserve and enhance public views from the shoreline. Enhancement of views
will not be construed to mean removal of vegetation.
(6) Ensure publicly owned shorelines include water dependent uses, public
recreational uses, or protected open space.
(7) Maintain, enhance, and preserve physical and visual public access afforded by
shoreline street ends, public utilities, and rights-of-way.
(8) Link public access points with pathway systems for pedestrians and bicyclists.
Provide linkages between pathway systems, public transit routes, and activity
centers.
(9) Encourage landowners to maintain existing public access as is protected by RCW
4.24.210-220 which limits liability.
(f) Recreation Goal:
Protect and improve recreational opportunities consistent with community needs through
the development of publicly owned shorelines.
(1) Encourage developments to provide recreational uses and other improvements
facilitating public access to shorelines. Locate and design recreational
developments to preserve, enhance or create scenic views and vistas.
(2) Identify shoreline areas with a potential for recreation or public access. Consider
acquiring these areas by lease or purchase for incorporation into the Public Park
and open space system.
(3) Ensure recreational development is designed to be consistent with the desired
character reflected in the purpose of the designation in which they are located in.
Assure maximum recreational opportunities while achieving no net loss of
shoreline ecological functions and maintaining ecosystem wide processes.
11
(4) Encourage linkage of shoreline parks, recreation areas and public access points
with linear systems such as hiking paths, bicycle paths, easements and/or scenic
drives.
(5) Encourage public access to boat launches and other facilities that can improve
access to the marine environment.
2.040 General Policies:
(a) Buffer and Setback Policies:
(1) The critical areas that are within the shoreline jurisdiction are to be protected and managed
in such a manner that the result of any use, activity, or development is no net loss of
shoreline ecological functions.
(2) The City should protect critical areas and their existing shoreline ecological functions so
they continue to contribute to existing ecosystem wide processes.
(3) The City should promote uses and values that are compatible with other objectives of this
section, such as public access and native vegetation management, provided there is no net
loss significant adverse impact to shoreline ecological functions.
(b) Vegetation Conservation Policies:
(1) The City should protect, conserve and establish native vegetation near shorelines in order
to protect and restore the ecological functions and ecosystem wide processes performed
within riparian and near shore areas which include but are not limited to:
• Protecting plant and animal species and their habitats;
• Providing food sources for aquatic and terrestrial species in the form of various
insects and benthic macro invertebrates;
• Providing shade necessary to maintain water temperatures for salmonids, forage fish,
and other aquatic biota;
• Protecting and increasing stability of banks and bluffs;
• Reducing the hazard of slope failures or accelerated erosion;
• Reducing the need for structural shoreline stabilization measures;
• Improving the visual and aesthetic qualities of the shoreline;
• Protecting and improving water quality through filtration and vegetative uptake of
nutrients and pollutants;
• Providing habitat corridors parallel and perpendicular to the water body.
(2) The City should implement the Environmental Standards within the Gorst Creek Subarea
Plan, including the Gorst Creek Overlay, upon future annexation.
(c) Mitigation Sequencing Policy:
(1) For all developments, applicants must demonstrate that all alternatives have been
examined with the intent to avoid and minimize impacts to shoreline ecological functions.
(d) Public Access Policies:
(1) Public access, in its variety of forms, should be promoted whenever feasible provided the
result is no net loss of the shoreline’s ecological function.
(2) Public access should be provided to the shoreline as a primary use or as development
occurs, while protecting private property rights and public safety.
(3) Public access should not compromise the rights of navigation and space necessary for
water-dependent and water-related uses.
(4) To the greatest extent feasible consistent with the overall best interest of the state and the
people generally, the public's opportunity to enjoy the physical and aesthetic qualities of
shorelines of the state should be protected.
(5) Property owners should implement a variety of techniques including acquisition, leases,
easements, and design and development innovations to achieve public access goals and to
12
provide diverse public access opportunities.
(e) Water Quality Policies:
(1) Prevent impacts to water quality and stormwater quantity that would result in a net loss of
shoreline ecological functions, or a significant impact to aesthetic qualities, or recreational
opportunities.
(2) Ensure mutual consistency between shoreline management provisions and other
regulations that address water quality and stormwater quantity, including public health,
stormwater, and water discharge standards.
(3) Protect aquatic resources from non-point pollution, such as water runoff from
contaminated surfaces, contaminated groundwater, chemical fertilizers, herbicides,
pesticides, and petrochemicals, including, but not limited to discharge from failing onsite
septic systems.
(f) Archaeologically Sensitive Areas Policies:
(1) Prevent the destruction of or damage to any cultural resources and any site having historic,
cultural, scientific, or educational value as identified by the appropriate authorities,
including The Suquamish Tribe, and the Washington State Department of Archaeology
and Historic Preservation.
(2) Landowners should provide access to qualified professionals and the general public if
appropriate for the purpose of public education related to a cultural resource identified on a
property.
(g) Lighting Policies:
(1) Lighting within shorelines and lands adjacent to shorelines if not properly managed can
have an adverse impact on the ecological function, most notably the migration patterns of
salmonids and terrestrial species.
(2) Lighting should be minimized within shorelines, especially within close proximity to the
water.
(3) Development should implement site lighting techniques that minimize the amount of spill-
over into riparian and aquatic environments. These techniques should include but are not
limited to reduction of pole heights, pole locations, and fixture designs including shading /
shielding devices, bulb types and reduced wattages.
(h) Parking Policies:
(1) Parking includes private on-site, public lots/structures and loading areas. Parking within
shorelines is a low priority. Converting land within shorelines for the sole use of vehicles
is not an efficient land use.
(2) Parking as a primary use (stand-alone use) within the shoreline jurisdiction should be
prohibited.
(3) Parking should not be allowed between development and the adjacent water body.
(4) Where surface parking is developed within the shoreline jurisdiction, Low Impact
Development techniques should be implemented.
(5) Lighting for parking areas should be minimized.
2.045 Aquaculture Policies:
Aquaculture is the culture, or farming of fish, shellfish or other aquatic plants and animals.
Activities include, but are not limited to the hatching, cultivating, planting, feeding, raising,
harvesting, and processing 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, fish hatcheries, shellfish rafts, racks and long lines, seaweed floats, and nets
and the culture of clams and oysters on tidelands and sub-tidal areas. Aquaculture does not
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include the harvest of wild geoduck associated with a state managed wild stock geoduck fishery.
Aquaculture is a preferred water-dependent use. It should be encouraged to locate where it will
not significantly conflict with navigation and other water dependent uses, and/or result in a net
loss of ecological functions, and/or adversely impact eelgrass and microalgae. Harvest of wild
stock free swimming fish, and/or harvest of wild stock geoducks on state owned aquatic lands do
not require a shoreline Substantial Development permit.
(a) Aquaculture should not be located in areas where it would result in a net loss of ecological
functions.
(b) Aquaculture should not be permitted in areas where it would significantly conflict with
navigation and other water-dependent uses.
2.050 Commercial Development Policies:
Commercial development on the shorelines should be designed to bring large numbers of
citizens to the shoreline.
(a) Commercial development should be designed and constructed in such a manner as to
result in no net loss of ecological functions. including implementation of Low Impact
Development techniques, to the maximum extent feasible.
(b) Public access should be provided in all locations, except where it is demonstrated to
conflict with the intended use for reasons of safety, or security; or if it adversely
impact the ecological function of the shoreline.
(c) Non-water-oriented commercial uses within the shoreline jurisdiction should
be allowed to locate and operate within existing structures.
2.055 Forest Practices Policies:
Forest practices within the City along shorelines would occur as a conversion of forested
areas to a certain level of urban development (Class IV – General per the Forest Practices
Act, RCW 76.09) or as timber harvest within the City Watershed and City Utility Lands.
(a) Forested areas within shorelines should be preserved and protected where
feasible.
2.060 Industrial Development Policies:
Water-dependent industrial uses are preferred and encouraged within shoreline areas.
(a) Where necessary depth for industrial uses is adjacent, water-dependent industrial
development should be given priority over water-related industrial uses provided,
however, that in both instances, they do not conflict with planned or existing
public access and habitat restoration.
(b) Redevelopment of water-dependent industrial facilities and areas should be
encouraged, provided it will not create a net loss of shoreline ecological function
and processes.
(c) New water-dependent industrial development should incorporate physical and/or
visual public access to the water except when such access causes significant
interference with operations or hazards to life or property.
(d) On upland industrial sites, environmental cleanup and/or remediation should
be implemented to serve a variety of future land uses.
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(e) Water-dependent and water-related industrial redevelopment is encouraged.
(f) Priorities of uses are to be in the following order: Water-dependent uses, water- related
uses, and water-enjoyment uses.
2.065 Marinas and Boating Facilities Policies:
Marinas and boating facilities are water-dependent uses and are a preferred use on
shorelines. Bremerton has a variety of such facilities that are both privately owned
commercial and industrial facilities and those that are available to the general public.
Boating facilities can include uses such as marinas, shipping and ferry terminals, transient
mooring facilities, boat-ramps, upland dry-stack storage, boat construction, and boat
maintenance facilities.
(a) New or expanded boating facilities should include restoration of ecological
functions within the riparian and near-shore environment, especially for migrating
salmonids and other aquatic species.
(b) New or expanded boating facilities should be designed, constructed, and
managed such that there is no net loss of shoreline ecological function.
(c) New or expanded boating facilities should provide the maximum amount of
public access in a variety of forms. (Trail, view overlooks, transient and hand-
carry craft moorage.)
(d) New boating facilities should be located in areas where other water-oriented
uses presently exist or could be established within close proximity.
(e) New or expanded boating facilities should minimize the amount of associated
parking and impervious surface within the shoreline jurisdiction.
(f) New boating facilities should not include covered moorage and boathouses.
(g) New boating facilities that require dredging for proper depth and/or removal of
contaminated sediments should be consistent with all federal and state
requirements for management of contaminated sediments; and should not be
located in areas that require dredging to maintain depth as this represents a routine
disturbance to the bottom environment.
(h) Existing boating facilities, when retrofitted or as upgrades are necessary, should
improve the existing ecological function by minimizing impacts to water quality,
restoring hydrologic function and maintaining the viability of aquatic organisms.
2.070 Recreational Development Policies:
Water-oriented recreational development can include but is not limited to parks, trails,
open spaces, beaches, boat or other watercraft rentals, fishing piers, aquariums, view
platforms and over-water boardwalks.
(a) Water-oriented recreational development is encouraged on shorelines provided it
results in no net loss of ecological function and is a preferred use along shorelines
of statewide significance.
(b) Water-oriented recreational development on the shorelines should be consistent with
the Comprehensive Plan and the City of Bremerton Park, Recreation and Open
Space Plan in terms of satisfying future demand and design.
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(c) Water-oriented recreational development should take precedence over non-
water- oriented recreational uses.
(d) Wherever possible, shoreline recreational facilities should be linked to other
adjacent recreational attractions by pedestrian and/or bicycle trails.
(e) Recreational development, where applicable, should include interpretive
displays describing cultural, historical, and scientific information.
(f) Non-water-oriented recreational development uses should not be located
on shorelines.
2.075 Residential Development Policies:
Residential development includes subdivisions of large parcels, multi-family housing,
condominiums, and single-family residences. Under the Shoreline Management Act,
owner occupied single-family residences are a preferred use on the shorelines.
Residential uses, however, can cause significant damage to the shoreline area through
cumulative impacts resulting from vegetation loss, shoreline armoring, increased amount
of impervious surfaces and resulting stormwater runoff, septic system failure, and
additional vehicular trips.
(a) Development of residential units should will not result in no net loss of ecological
function.
(b) Any residential development along the shoreline should be set back from steep slopes
and eroding shoreline areas so that the shoreline is not further eroded nor structural
improvements required to protect property.
(c) In cases where either large tracts are subdivided into single-family residential parcels
or where contiguous individual building sites are developed for single family
residences, common public access areas and one joint-use dock, rather than single
family docks, should is permissible be developed for the use of residents of the
subject subdivision.
(d) Design of residential development should include preservation of existing native
vegetation to the greatest extent possible.
(e) Residential development should be designed to minimize the amount of impervious
area and should utilize Low Impact Development techniques to the greatest extent
practicable (e.g., permeable pavers, stormwater infiltration and filtration).
(f) New multi-unit residential development and the subdivision of land into more than
four parcels should incorporate into the overall design planned public access
amenities whenever feasible.
2.080 Roads, Railways, and Utilities Policies:
Roads, railways, and utilities are necessary to provide efficient public circulation and
the shipment of goods and services. These transportation circuits can include but are not
limited to roads, highways and interstates, rail lines and spurs, public service water and
sewer mains, power generation, transmission and distribution facilities, and wireless
communication facilities.
(a) All new roadways, arterials, utilities, and railways, including expansions of these
systems, should be located and designed to avoid shorelands, unless no feasible
alternative is feasible, and should minimize impacts to shoreline ecological
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functions.
(b) Location and design of new roadways including arterials should not compromise
existing and planned shoreline public access or existing and planned habitat
restoration and enhancement.
(c) New roadways, when necessary within shorelines, should be located and designed
in such a manner that the minimum width and length of travel-way for vehicles is
provided and appropriate provision made for pedestrian and multi-modal forms of
transportation.
(d) New roadways should be designed and constructed to implement a range of available
Low Impact Development techniques.
(e) New utilities for the delivery of services and products such as, but not limited to
public sewer, water and storm mains and services, pipelines, power, and
transmission facilities should be located outside of shorelines, critical areas and their
associated buffers unless intended specifically for a permitted use.
(f) Whenever feasible, utilities should be co-located within existing right-of-way
corridors.
(g) Installation of utilities, including maintenance and expansion of existing utilities,
should improve the project area from its original condition by native vegetation
installation and management.
(h) Utilities should provide public access to the shoreline when practical.
2.085 Clearing and Grading Policies:
Clearing and grading are permitted as an element of development or re-development for
an authorized activity or as otherwise allowed in this Title.
(a) Disturbance to and removal of native soils should be minimized within shorelines.
(b) Uses and site design should incorporate protection or reestablishment of
the maximum amount of native vegetation on a particular site.
(c) Vegetation that is removed as part of a permitted use should be reestablished within
a required buffer.
2.090 Docks, Piers, and Other In-Water Structures Policies:
In-water (marine and freshwater) structures include but are not limited to jetties, pilings,
fish ladders, mooring buoys, docks, piers, breakwaters, groins, marine railways, weirs,
baffles, and similar structures.
(a) In-water structures should be designed to minimize impacts to ecological functions of
the water body including, but not limited to water quality, anadromous and forage
fish habitat, spawning and rearing areas, migration, and passage.
(b) In-water structures should not adversely affect hydrologic function including light
penetration within the photic zone, sediment transport, and current and water
circulation patterns.
(c) The location and planning of in-water structures should give due consideration to the
full range of public interests and environmental concerns.
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(d) Analysis of cumulative impacts of in-water structures should be conducted such that
the connectivity between habitats, such as pocket estuaries, for migrating salmonids
is maintained and restored where feasible.
2.095 Dredging Policies:
Dredging is the removal of material from a water body. The purposes for dredging might
include navigation, remediation of contaminated materials, or material mining. Materials
generated from navigational and remedial dredging may be suitable for beneficial reuse
(e.g., construction of habitat features or construction of uplands) or may require disposal at
appropriate disposal facilities.
(a) Dredging should be allowed only to accommodate existing navigational uses,
remediation of contaminated materials, or approved water-dependent uses and
then only when ecological impacts are minimized and mitigation is provided.
(b) Deposition of dredge spoils waterward of the Ordinary High Water Mark should be
allowed only when necessary to support allowed water dependent use, public access,
beach restoration or Model Toxics Control act or the Comprehensive Environmental
Response Compensation and Liability Act and other water dependent uses that are
consistent with this master program or consistent with locations approved by the
State Departments of Natural Resources, and the Department of Fish and Wildlife
where the alternatives of depositing materials on land is more detrimental to shoreline
resources than depositing it in water areas.
(c) Dredging within aquatic areas for the primary purpose of acquisition of fill
material should not be allowed.
(d) Where dredging occurs within marine waters the result should be suitable for
establishment of a variety of aquatic organisms including, where appropriate,
salmonids and forage fish.
2.100 Flood Hazard Reduction Policies:
(a) The City should recognize that seasonal flooding is an essential natural process
and minimize alteration of such processes where feasible.
(b) Flood hazard reduction measures should not result in a net loss of
ecological functions associated with the rivers and streams.
(c) Flood hazard reduction measures should be consistent with comprehensive strategies
that recognize the natural hydro-geological and biological processes of water-bodies
and should seek to restore ecological functions within frequently flooded areas.
(d) Development in frequently flooded areas should be prevented or existing
development removed when feasible and to maintain or restore a stream
system's natural hydrological and geo-morphological processes.
(e) Bioengineered flood hazard reduction techniques are preferred and should be
examined and implemented where feasible rather than structural measures.
2.105 Landfill Policies:
Landfill is the creation of dry upland area by the placement or deposition of sand, soil,
gravel or contaminated sediments into a water body.
(a) Landfills waterward of OHWM should be allowed only when necessary to support,
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public access, beach restoration, or MTCA / CERCLA restoration projects and other
water dependent uses that are consistent with this master program.
(b) Landfills should be limited in the shoreline and should be the minimum necessary.
2.110 Restoration and Conservation Policies:
Restoration is the improvement or reestablishment of impaired ecological shoreline
processes or functions. This may be accomplished through measures including, but not
limited to: amending soils, planting native vegetation, removing derelict shoreline
structures, removing or treating toxic materials, and restoring the natural configuration
of banks within near-shore or riparian areas. Restoration does not imply a requirement
for returning the shoreline area to aboriginal or pre-European settlement conditions
(WAC 173-26). The citywide objective of restoration is to achieve a net gain in
ecological function within the watershed.
(a) The primary objectives of restoration projects should be to protect and restore
natural processes controlling environmental factors.
(b) The Suquamish Tribe, Corps of Engineers, Washington Department of Ecology, the
Washington Department of Fish and Wildlife and other appropriate resource
agencies should be included at the beginning of the design and development stages
of a restoration project or plan.
(c) The goals of the Restoration Plan should be considered for all restoration and
conservation projects.
(d) Restoration and conservation may take place as a stand-alone project or as a required
element of a larger development proposal. In either case the following should be
achieved, as feasible:
(1) Non-native vegetative species should be controlled and native vegetation
established (soil amendments, including mulching, may be required to
support native vegetation);
(2) Installation of native vegetation should be an appropriate mix of deciduous,
conifer, under-story and groundcover species that are capable of achieving
substantial water body shading, provide food sources for a variety of species,
enhance and connect to habitat corridors and slow movement of groundwater
and sheet-flow towards the water body;
(3) Introduction of large woody debris to the water body should not adversely
impact fish passage or hydrologic function; and
(4) Design and implementation of restoration projects that alter the location of the
OHWM should not negatively impact abutting or proximate (third party)
property owners, compromise the integrity or threaten the loss of existing
structures, transportation routes, public access areas or cause significant
additional erosion.
2.115 Shore Stabilization Policies:
Shoreline stabilization measures are those mechanisms used to prevent erosion and
deterioration of shoreline areas as a result of waves, wind, tidal action, or flooding.
Shoreline stabilization measures can include a wide range of works varying from hard
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armoring to vegetation conservation and anchoring of trees.
(a) New development should be managed and designed to eliminate the need
for shoreline modification or stabilization.
(b) Replacement of rigid structurally engineered stabilization measures with the same
new measures should not occur unless it is associated with a water-dependent use
or there is a demonstrated need based on potential loss of a legally permitted
primary structure or there is a threat to the viability of an existing water-dependent
use.
(c) Whenever feasible, bioengineered and soft-shore shoreline modifications and
stabilization should be explored and implemented before reverting to
structurally engineered techniques.
2.120 Stormwater Management Facilities Policies:
Stormwater management (detention and treatment) facilities are necessary elements of
development. If designed correctly and managed properly they can produce multiple
benefits within the shoreline jurisdiction.
(a) Stormwater facilities should not be located in areas where there would be an adverse
impact to existing shoreline ecological functions.
(b) Stormwater management facilities should be designed to incorporate Low Impact
Development techniques.
(c) All Shoreline Designations must comply with these requirements including the
shoreline isolated locations.
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Chapter 3 - Definitions
The following shall be deemed definitions for the Shoreline Master Program. Where
these definitions conflict with other definitions in the Bremerton Municipal Code, these
definitions shall prevail for projects within the shoreline jurisdiction. Where they
conflict with definitions in the Revised Code of Washington (RCW) or the Washington
Administrative Code (WAC) the RCW or WAC provisions shall prevail. This list of
definitions is not exhaustive; all definitions in RCW 90.58.030, WAC 173-26-020, BMC
20.42 and BMC 20.14.200 shall be deemed definitions for this title. Words not defined
within any of these codes shall be as defined in Webster's Third New International
Dictionary, latest edition.
Accessory Use: A use that is demonstrably subordinate and incidental to the principal use
and which functionally supports its activity.
Act: The Shoreline Management Act of 1971, Chapter 90.58 RCW. [WAC 173-27-
030(1)]
Adjacent Lands: Property which is immediately bordering or abutting lands under
shoreline permit jurisdiction. (RCW90.58.340)
Agriculture: Agricultural uses and practices include, but are not limited to: Producing,
breeding, or increasing agricultural products; rotating and changing agricultural crops;
allowing land used for agricultural activities to lie fallow in which it is plowed and tilled
but left unseeded; allowing land used for agricultural activities to lie dormant; conducting
agricultural operations; and maintaining agricultural lands under production or cultivation
as defined in WAC 173-27-020. This excludes activities typically associated with single
family residences, such as gardening and does not include fish hatcheries which are listed
under aquaculture.
Alteration: Any human activity which results or is likely to result in a significant impact
upon the existing condition of a site. Alterations include, but are not limited to grading,
filling, dredging, draining, channelizing, applying any hazardous substance, discharging
pollutants except stormwater, paving, constructing, applying gravel, modifying surface
water management purposes, cutting, pruning, topping, trimming, relocating or removing
vegetation or any other human activity which results or is likely to result in a significant
impact to existing vegetation, hydrology, wildlife, or wildlife habitat. Alterations do not
include walking, fishing, or any other passive recreation or other similar activities.
Applicant: A person who files an application for permit under this Title and who is either
the owner of the land on which the proposed activity would be located, a contract purchaser,
or the authorized agent of such person.
Appurtenance: Development necessarily connected to the use and enjoyment of a single
family residence and located landward of the perimeter of an associated wetland and
landward of the Ordinary High Water Mark. Normal appurtenances include a garage, deck,
driveway, utilities solely servicing a subject single family residence, and grading which does
not exceed 250 cubic yards.
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Aquaculture: The culture, or farming of fish, shellfish, or other aquatic plants and
animals. Activities include, but are not limited to the hatching, cultivating, planting,
feeding, raising, harvesting, and processing 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, fish hatcheries, shellfish
rafts, racks and long lines, seaweed floats and nets and the culture of clams and oysters
on tidelands and sub-tidal areas. Aquaculture does not include the harvest of wild
geoduck associated with a state managed wild stock geoduck fishery.
Associated Wetlands: Those wetlands which are in proximity to and either influence or
are influenced by tidal waters or a lake or stream subject to the Shoreline Management
Act.
Average Grade Level: The average of the natural or existing topography of the portion of
the lot, parcel, or tract of real property which will be directly under the proposed building
or structure: In the case of structures to be built over water, average grade level shall be the
elevation of the Ordinary High Water Mark. 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 173-27-030(3)]
Beach: The zone of unconsolidated material that is moved by waves, wind, and tidal
currents, extending landward to the coastline.
Bluff: A steep headland, promontory, broad faced bank, or cliff running adjacent to and
rising up from the shoreline. For the purpose of measuring buffers and setbacks from the
top of a bluff the following shall apply: A bluff rises up from the OHWM to the first
significant break in slope. The first significant break in slope is a bench at least thirty (30)
feet wide. The top of a bluff is the point where the first significant break in slope occurs.
Boat Ramp: Graded slopes, slabs, pads, planks, or rails used for launching boats by
means of a trailer, hand, or mechanical device.
Buffer: An area that is contiguous to and protects a critical area which is required for the
continued maintenance, functioning, and or structural stability of a critical area.
Bulkhead: A solid or open pile wall erected generally parallel to and near the ordinary
high water mark for the purposes of protecting adjacent uplands from waves or current
action.
City: The City of Bremerton.
Clearing: The removal of vegetation.
Conditional Use: A use or development which is classified as a conditional use or is not
classified within the Master Program, or materially interferes with the normal public use of
the water or shorelines of the state.
Conservation Easement: A legal agreement that the property owner enters into a
restricted use of the land. Such restrictions can include, but are not limited to passive
recreation uses such as trails or scientific uses and fences or other barriers to protect
habitat. The easement is recorded on a property deed, runs with the land, and is legally
binding on all present and future owners of the property, therefore providing permanent or
long-term protection.
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Covered Moorage: Boat moorage, with or without walls, that has a solid roof to protect
the vessel and is attached to the dock itself or the substrate of the water body. Overwater
boat houses are a type of covered moorage.
Critical Areas: Any of the following areas or ecosystems: aquifer recharge areas, fish and
wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas,
and wetlands as defined in RCW 36.70A and BMC 20.14.
Critical saltwater habitat: Means all kelp beds, eelgrass beds, spawning and holding
areas for forage fish, such as herring, smelt and sandlance; subsistence, commercial, and
recreational shellfish beds; mudflats, intertidal habitats with vascular plants, and areas
with which priority species have a primary association.
Development: A use, consisting of the construction or exterior alteration of structures;
dredging; drilling, dumping; filling; removal of any sand, gravel or minerals; bulkheading;
driving of piling; 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 overlying lands
subject to this program at any state of water level. This does not include dismantling or
removing structures if there is no other associated development or re-development.
Docks: A fixed structure in the water or a structure floating upon the water that provides
moorage for vessels, or for transfer of materials between a vessel and the shore, or for other
services to a vessel such as fueling, maintenance and repair.
Dredging: The removal of earth, sand, sludge or other materials from the bottom of a
stream, river, lake, bay or other water body.
Drift Cell, drift sector, or littoral cell: A particular reach of marine shore in which
littoral drift may occur without significant interruption and which contains any natural
sources of such drift and also accretion shore forms created by such drift.
Ecology: The State of Washington Department of Ecology.
Ecological Function or Shoreline Functions: The work performed or role played by the
physical, chemical, and biological processes that contribute to the maintenance of the
aquatic and terrestrial environments that constitute the shoreline's natural ecosystem.
(WAC 173-26-020(13)).
Ecological Restoration: An intentional activity that initiates or accelerates the recovery
of an ecosystem with respect to its health, integrity and sustainability. Restoration
attempts to return an ecosystem to its historic trajectory. Frequently, the ecosystem that
requires restoration has been degraded, damaged, transformed or entirely destroyed as
the direct or indirect result of human activities. In some cases, these impacts to
ecosystems have been caused or aggravated by natural agencies, such as wildfire, floods,
storms, or volcanic eruption, to the point at which the ecosystem cannot recover its pre-
disturbance state or its historic developmental trajectory. In cases where a historic
trajectory cannot be determined one should use a combination of knowledge of the
damaged ecosystem’s pre-existing structure, composition and functions rather than the
historic trajectory.
Emergency: An unanticipated and/or imminent threat to public health, safety, or the
environment that requires immediate action within a time too short to allow full
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compliance with the Master Program. Emergency construction is defined as that
necessary to protect property and facilities from the elements. All emergency
construction shall be consistent with the SMA and the Master Program (see RCW
90.58.030(3eiii)).
Enhancement: The manipulation of the physical, chemical, or biological characteristics
of a feature to heighten, intensify, or improve specific ecological function(s) or to change
the growth stage or composition of the vegetation present. Enhancement is undertaken
for specified purposes such as water quality improvement, flood water retention, or
wildlife habitat. Enhancement results in a positive change in ecological function but does
not result in an increase in the area of the feature. Examples are planting vegetation,
controlling non-native or invasive species, and modifying site elevations to alter hydro-
periods.
Erosion: The process whereby wind, rain, water, and other natural agents mobilize and
transport particles.
Estuary: The zone or area of water in which freshwater and saltwater mingle and water
is usually brackish due to daily mixing and layering of fresh and saltwater.
Exempt development: Development listed in WAC 173-27-040 as exempt from the
definition of “Substantial Development,” and, therefore, exempt from the Substantial
Development permit process of the SMA. An activity that is exempt from the substantial
development provisions of the SMA must still be carried out in compliance with policies
and standards of the SMA and the Master Program. Conditional use and/or variance
permits may still be required even though the activity does not need a Substantial
Development permit (RCW 90.58.030(3e)).
Extreme Low Tide: The lowest line on the land reached by a receding tide. [RCW
90.58.030(2a)]
Fair Market Value: The expected price at which the development can be sold to a
willing buyer. For developments which involve nonstructural operations, such as
dredging, drilling, dumping, or filling, the fair market value is the expected cost of hiring
a contractor to perform the operation, or where no such value can be calculated, the total
of labor, equipment use, transportation, and other costs incurred for the duration of the
permitted project. [WAC 173-27-030(8)]
Feasible: Actions that meet all of the following conditions:
(a) The action can be accomplished with technologies and methods that have been used
in the past in similar circumstances, or studies or tests have demonstrated in similar
circumstances that such approaches are currently available and likely to achieve the
intended results;
(b) The action provides a reasonable likelihood of achieving its intended purpose; and
(c) The action does not physically preclude achieving the project's primary intended
legal use.
In cases where these guidelines require certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's infeasibility,
the City may weigh the action's relative public costs and public benefits, considered in
short- and long-term time frames.
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Fill: The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area that increases the natural surface elevation. For wetlands this includes
areas waterward of the OHWM, or on shorelands in a manner that raises the elevation or
creates dry land.
Floating Home: A single-family dwelling unit constructed on a float, that is moored
anchored, or otherwise secured in waters, and is not a vessel, even though it may be
capable of being towed.
Floating On-Water Residence. Any floating structure other than a floating home, as
defined in this chapter that (a) is designed or used primarily as a residence on water and
has detachable utilities; and (b) whose owner or primary occupant has held an ownership
interest in space in a marina, or has held a lease or sublease to use space in a marina,
since a date prior to July 1, 2014.
Floats (Rafts): Floating structures that are moored, anchored, or otherwise secured in the
water that are not directly connected to the shoreline.
Floodway: For purposes of determining the jurisdiction of the Shoreline Master Program
in conjunction with the definition of “shoreland,” “floodway” means the area, as
identified in a Master Program, that either: (i) Has been established in federal emergency
management agency flood insurance rate maps or floodway maps; or (ii) consists of those
portions of a river valley lying streamward from the outer limits of a watercourse upon
which flood waters are carried during periods of flooding that occur with reasonable
regularity, although not necessarily annually, said floodway being identified, under
normal condition, by changes in surface soil conditions or changes in types or quality of
vegetative ground cover condition, topography, or other indicators of flooding that occurs
with reasonable regularity, although not necessarily annually. Regardless of the method
used to identify the floodway, the floodway shall not include those lands that can
reasonably be expected to be protected from flood waters by flood control devices
maintained by or maintained under license from the federal government, the state, or a
political subdivision of the state. (RCW 90.58.030 and WAC 173-26-020(18))
Forage fish: Small, schooling fish which serve as an important source of food for other
fish species, birds, and marine mammals. Examples of forage fish species are herring,
smelt, anchovies, and sardines.
Geotechnical Report: A scientific study or evaluation conducted by a qualified
professional that includes a description of ground and surface hydrology and geology,
the affected land form and its susceptibility to mass wasting, erosion, and other
geologic hazards or processes, conclusions and recommendations regarding the effect
of the proposed development on geologic conditions, the adequacy of the site to be
developed, the impacts of the proposed development, alternative approaches to the
proposed development, and measures to mitigate potential site specific and cumulative
geological and hydrological impacts of the proposed development, including the
potential adverse impacts to adjacent and down-current properties. Geotechnical
reports shall conform to accepted technical standards and must be prepared by a
qualified professional engineer or geologist who has professional expertise about the
regional and local shoreline geology and processes.
Grading: The movement or redistribution of the soil, sand, rock, gravel, sediment, or
other material on a site in a manner that alters the natural contour of the land.
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Grubbing: The removal of vegetative matter from underground, such as sod, stumps,
roots, buried logs or other debris, and shall include the incidental removal of topsoil
and earth.
Houseboat: A vessel used for living quarters but licensed and designed substantially as
a mobile structure by means of detachable utilities or facilities, anchoring, and the
presence of adequate self-propulsion to operate as a vessel.
Height: The distance measured from the average grade level to the highest point of a
structure: Television antennas, chimneys, and similar appurtenances shall not be used
in calculating height.
Hydraulic Project Approval (HPA): A permit issued by the Washington Department
of Fish and Wildlife for modifications to waters of the State in accordance with RCW
77.55.011.
Invasive: A vegetative or animal species not native to a region and marked by a
tendency to spread, especially with proclivity to replace healthy native species.
In-Water Structure: A structure located waterward of the ordinary high water mark.
Littoral drift: The mud, sand, or gravel materials moved parallel to the shoreline in
the nearshore zone by waves and currents.
Marina: A water dependent facility that provides wet and/or dry moorage for over ten
(10) boats, and related accessory boat launching facilities and supplies and services for
small commercial and/or pleasure craft. Marinas may be designated for temporary day-
use only or for permanent (long-term) moorage.
May: The action is acceptable provided it conforms to the provisions of the Program.
Denotes the use of discretion by the Director in making a decision, provided the action
conforms to the provisions of the Program and the policies of the SMA.
Mean Higher High Water (MHHW): The tidal elevation obtained by averaging each
day's highest tide at a particular location over a period of nineteen years. It is measured
from the mean lower low water = 0.0 tidal elevation.
Mooring Buoy: A floating object anchored to the bottom of a water body that provides
tie up capabilities for vessels, often containing loops or chains attached to the top and
float on the water. Mooring buoys are regulated separately from docks and piers.
Mixed-Use Commercial: Mixed-use commercial developments are shoreline
developments which combine more than one separate but related activity into a
coordinated package. Activities usually include one or more water-dependent uses with
non-water dependent uses, and feature high amenity public access or recreational uses.
The public benefit will be evaluated and weighed against the impact of the project in
review of a mixed-use commercial development proposal.
Modification: An action that modifies the physical configuration or qualities of the
shoreline area, usually through the construction of a physical element such as a
breakwater, dock, boat launch ramp, or other shoreline structures. A shoreline
modification also can consist of other activities such as dredging and filling.
Multifamily Use: A residential use containing two (2) or more primary residential units.
Must: A mandate; the action is required.
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Nonconforming Lot: A lot that does not meet the lot area, width or street frontage
requirements of the Shoreline Master Program or Zoning Code, but was lawfully
created prior to the effective date of the adoption of the Shoreline Master Program
and/or Zoning Code or subsequent amendments thereto.
Nonconforming Structure: A building or structure that does not comply with the
required setbacks, height, lot coverage and other development requirements of the
Shoreline Master Program or Zoning Code, but was lawfully constructed prior to the
effective date of the Zoning Code and/or Shoreline Master Program or subsequent
amendments thereto, and was continually maintained as defined in this chapter.
Nonconforming Use: Any activity, development or condition that is not permitted
outright or as an accessory use, or is not permitted by a Conditional Use Permit or
other special permitting process by the provisions of the Shoreline Master Program or
Zoning Code; but was lawfully created prior to the effective date of the Shoreline
Master Program or Zoning Code, or subsequent amendments thereto, and was
continually maintained as defined in this chapter. A nonconforming use may or may
not involve buildings or structures and may involve part of or all of a building or
property.
No Net Loss: No Net Loss of ecological functions is the maintenance of existing
shoreline ecological processes and functions at the level that existed at the time of
approval of the major update to the shoreline master program in 2012 and reflected in the
shoreline inventory and characterization dated December of, 2010, or for a development
project, the conditions that existed prior to initiation of use or alterations of the shoreline
that result in adverse impacts on ecological processes and functions.
On a Citywide basis No Net Loss means that the ecological processes and functions are
maintained within a watershed or other functional catchment area. Regulations may result
in localized cumulative impacts or loss of some localized ecological processes and
functions, as long as the ecological processes and functions of the system are maintained.
Maintenance of system ecological processes and functions may require compensating
measures that offset localized degradation.
On a project basis, no net loss means that a permitted use or alteration of a shoreline will
not result in deterioration of the existing condition of shoreline ecological functions. No
net loss is achieved both through avoidance and minimization of adverse impacts as well
as compensation for impacts that cannot be avoided. Compensation may include on-site
or off-site restoration of ecological functions to compensate for localized degradation.
Non-Water Oriented Use: A use which does not require or depend on a location on or
near the waterfront, and which is neither a water-dependent, water-related, or water-
enjoyment use as defined herein.
Ordinary High Water Mark (OHWM): The mark on all lakes, streams, and tidal waters
which will be found by examining the beds and banks and ascertaining where the presence
and action of waters are so common and usual, and so long continued in all ordinary years,
as to mark upon the soil a character distinct from that of the abutting upland, in respect to
vegetation, as that condition exists on June 1 1971, as it may naturally change thereafter,
or as it may change thereafter in accordance with permits issued by a local government
or the department (WAC 173-22-030).Provided that in any area where the ordinary high
water mark cannot be found, the ordinary high water mark adjoining salt water shall be
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the line of mean higher high tide and the ordinary high water mark adjoining fresh water
shall be the line of mean high water. (RCW 90.58.030)
Photic Zone: The upper layer of a body of water delineated by the depth to which enough
sunlight can penetrate to permit photosynthesis.
Pier: A fixed, pile-supported structures extending over the water.
Primary Structure: Any permanent building, road, bridge or utility requiring a permit or
approval which is necessary to support the primary use of a site.
Public Access, Limited (physical or visual): Access with restrictions that are deemed
necessary to protect the health, safety or welfare of the public OR to protect and maintain a
particular site. Restrictions may limit times of use, or allow access only to certain users.
[A limitation to restrict access may not be based on race, sex, color, creed, age or physical
disability.] For example, such restrictions may limit public use to daylight hours, limit use
to residents of a private community, or restrict use of tidelands used for shellfish
production.
Public Access, Physical: Unobstructed access with public use improvements which are
available to the general public extending from the public right-of-way to the OHWM or to
the wetland directly abutting the OHWM. This includes access to the navigable waters of
any water body and to tidelands in marine waters.
Public Access, Visual: Access with public use improvements available to the general
public which provide a view of the shoreline or water but do not allow physical public
access to the shoreline.
Qualified Professional: A person with experience and training in the pertinent scientific
discipline, and who is a qualified scientific expert with expertise appropriate for the
relevant critical area subject in accordance with WAC 365-195-905(4). A qualified
professional must have obtained a B.S. or B.A. or equivalent degree in biology,
engineering, environmental studies, fisheries, geomorphology, or related field, and five (5)
years of related work experience.
(a) A qualified professional for habitats or wetlands must have a degree in biology and
professional experience related to the subject species, and meet the requirements set forth
in BMC 20.14.360.
(b) A qualified professional for a geological hazard must be a professional civil or
geotechnical engineer with experience in the field, or geologist, licensed in the State of
Washington.
(c) A qualified professional for critical aquifer recharge areas means a hydrogeologist,
geologist, engineer, or other scientist with experience in preparing hydrogeologic
assessments, and meets the requirements set forth in BMC 20.14.450.
RCW: Revised Code of Washington.
Reach: A longshore segment of a shoreline where influences and impacts, such as wind
direction, wave energy, littoral transport, etc. mutually interact.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goals of repairing natural or historic functions and processes of a
degraded wetland. Rehabilitation results in a gain in wetland function but does not result
in a gain in wetland acres. Activities could involve breaching a dike to reconnect
wetlands to a floodplain or returning tidal influences to a wetland.
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Restore, Restoration, or ecological restoration: The reestablishment or upgrading of
impaired ecological shoreline processes or functions. This may be accomplished through
measures including, but not limited to re-vegetation, removal of intrusive shoreline
structures and removal or treatment of toxic materials. Restoration does not imply a
requirement for returning the shoreline area to aboriginal or pre-European settlement
conditions.
Sea Level Rise: An increase in the elevation of marine waters associated with changes in
the state of the climate which can be identified by changes in the mean and/or variability of
its properties and that persists for decades or longer.
Setback: For the purposes of this chapter, the setback is the horizontal distance required
between the finished exterior wall of a structure and the buffer line. Setbacks are further
defined in BMC 20.42
Shall: A mandate; the action is required.
Should: A particular action that is required unless there is a demonstrated, compelling
reason, based on policy of the Shoreline Management Act and this program against taking
the action.
Shorelands or Shoreland Areas: Those lands extending landward for two hundred feet
in all directions as measured on a horizontal plane from the Ordinary High Water Mark;
floodways and contiguous floodplain areas landward two hundred feed from such
floodways; and all wetlands and river deltas associated with the streams, lakes, 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.
Shoreline jurisdiction: All shorelines of the state and shorelands as defined in RCW
90.58.030; in Bremerton this includes shorelands and water bodies waterward of OHWM
out to the middle of Sinclair Inlet and Port Orchard Bay, all of Port Washington Narrows,
Ostrich Bay, Oyster Bay, Phinney Bay and Mud Bay, the portion of Kitsap Lake within
the Bremerton City limits, Union Reservoir, Twin Lakes, one mile of Gorst Creek and
one mile of Union River.
Shoreline Environment Designations: The categories of shorelines established by the
City’s Master Program in order to provide a uniform basis for applying policies and use
regulations within physically distinct shoreline areas. The City’s Shoreline Master
Program classifies shorelines into the following environment designations: Aquatic,
aquatic conservancy, commercial, downtown waterfront, industrial, isolated, multi-family
residential, recreation, single family residential and urban conservancy.
Shoreline Master Program: The general term for shoreline comprehensive plans and
regulations prepared under the jurisdiction of the Shoreline Management Act.
Shoreline Permit: A Substantial Development, conditional use, revision, or variance
permit or any combination thereof. [WAC 173-27-13)
Shorelines: All of the water areas of the State, including reservoirs and their associated
wetlands, together with the lands underlying them, except:
(a) Shorelines of state-wide significance (sub-tidal Puget Sound);
(b) Shorelines on segments of streams upstream of a point where the mean annual flow is
twenty (20) cubic feet per second or less, and the wetlands associated with such upstream
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segments; and
(c) Shorelines on lakes less than twenty (20) acres in size, and wetlands associated with
such small lakes.
Shorelines of Statewide Significance: Shorelines designated by the State of Washington
that are major resources from which all people in the state derive benefit. Shoreline areas
in the City that are designated as shorelines of statewide significance are portions of the
Puget Sound adjacent to the city limits.
Shoreline Substantial Development: Any development of which the total cost, or fair
market value, whichever is higher, exceeds $7,047 or as adjusted for inflation every five
(5) years by the Office of Financial Management (WAC 173-27-040), or any
development which materially interferes with the normal public use of the water or
shorelines of the state.
State Master Program: The cumulative total of all Shoreline Master Programs approved
or adopted by the Department of Ecology.
Structure: A permanent or temporary edifice or building, or any piece of work artificially
built or composed of parts joined together in some definite manner, whether installed on,
above, or below the surface of the ground or water, except for vessels. (WAC 173-27-030).
Tender Dock: A dock structure whose purpose is to provide temporary moorage to a
small watercraft used to access an offshore location, such as a mooring buoy.
Tidelands: Land on the shore of marine water bodies between the line of ordinary
high tide and the line of extreme low tide.
Topography, Natural or Existing: The surface including the relief and position of
natural or manmade features of the lot, parcel, or tract of real property immediately prior
to any site preparation or grading, including excavation or filling.
Upland: Generally the area above and landward of the Ordinary High Water Mark.
Variance: A permit for the limited purposes of granting relief to specific bulk,
dimensional, or performance standards set forth in the City’s Shoreline Master Program.
Vessel: A ship, boat, barge, or any other floating craft which is designed and used for
navigation and does not interfere with the normal public use of the water.
WAC: Washington Administrative Code.
Water Dependent Use: A use or portion of a use which cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Examples of water-dependent uses may include cargo terminal loading areas, ferry and
passenger terminals, marinas, and sewer outfalls.
Water-Related Use: A use or portion of a use which is not intrinsically dependent on a
waterfront location but whose operation cannot occur economically without a shoreline
location. Examples of water-related uses may include warehousing of goods transported
by water, seafood processing plants, or log storage. (Also see Non-water-oriented Use.)
Water-Enjoyment Use: A recreational use such as a park, pier, or other use facilitating
public access as a primary character of the use; or, a use that provides for passive and
active interaction of a large number of people with the shoreline for leisure and
enjoyment as a general character of the use and which, through location, design and
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operation, assure the public's ability to interact with the shoreline. In order to qualify as a
water-enjoyment use, the use must be open to the public and most if not all of the
shoreline oriented space in the facility must be devoted to the specific aspects of the use
that foster shoreline interaction. Water-enjoyment uses include, but are not limited to
restaurants, museums, and mixed-use commercial, provided that such use conforms to
the above requirements and the provisions of the Master Program.
Water Oriented Use: Any combination of water dependent, water related, and/or water
enjoyment uses. Non-water oriented serves to describe those uses which have little or no
relationship to the shoreline. Examples of non-water oriented uses include professional
office, automobile sales or repair shops, mini storage facilities, multifamily residential
development, department stores, and gas stations.
Will: Used to express a command and or an inevitability.
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Chapter 4 – Shoreline Maps and Designations
4.010 – Intent
4.020 – Maps
4.030 – Designations
4.040 – Shorelines of Statewide Significance
4.010 Intent:
City shorelines are classified into specific environment designations. These designations
are based on existing physical, biological and development characteristics of the
shorelines. These are separate from the Comprehensive Plan and the Zoning code in
Title 20. Properties within any shoreline designation are required to comply with all
applicable standards including provisions from both the more general zoning regulations
and the shoreline specific requirements of the Shoreline Master Program. The local
Shoreline Master Program is a function of the Shoreline Management Act, which
represents statewide concerns and protects the rights of the people of the State of
Washington. Therefore, in the case of a discrepancy between the local Comprehensive
Plan, Zoning code or other development standard and the Shoreline Master Program, the
Shoreline Master Program shall take precedence.
4.020 Maps:
The following maps are the official maps of the Shoreline Master Program depicting
shorelines of the state. Several other public mapping resources are also available, such as
Washington State Department of Ecology Shoreline Mapping, Washington State
Department of Fish & Wildlife Priority Habitats and Species Mapping, and National
Oceanic & Atmospheric Administration (NOAA) Mapping Tools providing information
on topics like pocket estuaries, coastal flooding, and other topics. The following includes
shorelands and water bodies waterward of OHWM out to the middle of Sinclair Inlet and
Port Orchard Bay, all of Port Washington Narrows, Ostrich Bay, Oyster Bay, Phinney Bay
and Mud Bay, the portion of Kitsap Lake within the Bremerton City limits, Union
Reservoir, Twin Lakes, one mile of Gorst Creek and one mile of Union River.
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4.030 Designations:
Shoreline designations are listed in alphabetical order.
(a) Aquatic
Purpose: The Aquatic designation is intended to protect, restore, and manage the unique
characteristics and resources of the areas waterward of the Ordinary High Water Mark.
This designation applies to those area waterward of the Ordinary High Water Mark of all
shorelines of the state, (which may include; streams, marine water bodies, and lakes)
together with their underlying lands and their water column, other than those lands
designated Aquatic Conservancy. This environment does not include associated wetlands
and other shorelands shoreward of the Ordinary High Water Mark.
Policies: The following management policies should apply to all shorelines in the
Aquatic environment:
(1) Allowed uses are those within the adjacent upland shoreline designation limited to
water dependent use or public access.
(2) New uses and over water structures should be allowed only for water dependent
uses, public access, or ecological restoration and only when no net loss of
ecological functions will result.
(3) The size of new over water structures should be limited to the minimum necessary
to support the structures intended use. In order to reduce the impacts of shoreline
development and increase effective use of water resources, multiple use of over
water facilities is encouraged.
(4) All developments and uses on navigable waters or their beds should be located
and designed to minimize interference with surface navigation, to consider
impacts to public views, and to allow for the safe, unobstructed passage of fish
and wildlife, particularly those species dependent on migration.
(5) Shoreline uses and modifications should be designed and managed to prevent
degradation of water quality, minimize alteration of natural conditions and
processes, and result in no net loss of ecological functions.
(6) Uses and modification of public aquatic land should incorporate public access and
ecological enhancement, except where inconsistent with the operation of water
dependent uses.
(7) Fish and wildlife resource enhancement, including aquaculture related to fish
propagation should be allowed and encouraged.
(b) Aquatic Conservancy
Purpose: The Aquatic Conservancy designation is intended to preserve marine tidelands
and waters whose existing natural state is relatively free of human influence, or whose
resources, biological diversity, or other features are particularly sensitive to human
activity. The Aquatic Conservancy designation should be applied to those areas of marine
water bodies, waterward of the Ordinary High Water Mark such as tidal lagoons, salt
marshes and mudflats, as well as marine vegetation areas that support a significant
community of kelp, eelgrass and/or other vegetation that provides special marine habitat
value.
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Policies: The following management policies should apply to all shorelines in the
Aquatic Conservancy designation:
(1) Uses and activities which would potentially degrade or significantly alter the
natural character of the shoreline should be severely restricted or prohibited.
(2) Access should be limited to scientific, historical, educational, and low intensity
recreational purposes, provided that no significant, adverse impact on the areas
will result.
(3) Physical alterations should be considered only when they serve to protect
significant, unique, or highly valued features which might otherwise be degraded
or destroyed.
(4) Uses and activities adjacent to shorelines designated Aquatic Conservancy should
be compatible with and not compromise the integrity of the Aquatic Conservancy
environment.
(5) Native vegetation zones should be preserved, enhanced or established to protect
the functions and characteristics of the areas.
(c) Commercial
Purpose: This Commercial designation is intended to accommodate high intensity
business districts, light industry, and various commercial operations located in the
shoreline jurisdiction. The designation is suitable for existing and future high intensity
water oriented uses and water oriented commercial uses. The designation encourages
commercial development that could enhance visual and physical public access to the
shoreline. A primary goal is to provide a setting for commercial operations that will be
of economic benefit while protecting and/or restoring ecological functions in areas that
have been previously degraded.
Policies: The following management policies should apply to all shorelines in the
Commercial environment:
(1) Priority should be given to water dependent uses. Second priority should be given
to water related and water enjoyment uses. Non-water oriented uses should not be
allowed except in limited situations where they do not conflict with or limit
opportunities for water oriented uses or on sites where there is no direct access to
the shoreline and where public access and ecological restoration are provided.
(2) Policies and regulations should assure no net loss of shoreline ecological
functions as a result of new development. Where applicable, new development
shall include environmental cleanup and restoration of the shoreline in accordance
with any relevant State and Federal laws.
(3) Visual and/or physical public access should be required as a condition of
development.
(4) Aesthetic objectives should be implemented by means such as sign control
regulations, appropriate development siting, screening and architectural standards,
and maintenance of natural vegetative buffers.
(d) Downtown Waterfront
Purpose: The Downtown Waterfront designation is a commercial designation for the
downtown shoreline area that is subject to the Downtown Sub Area Plan. The intent of
this designation is to encourage development of the downtown waterfront into a vital,
attractive water-oriented area that maximizes opportunities for large numbers of people to
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interact passively and actively with the shoreline for leisure and enjoyment uses. The
designation provides for an array of uses related to the water, multimodal transportation
facilities, residential, mixed uses, increased building height, and pedestrian orientation,
while maintaining view corridors and encouraging public access to the water.
Policies: The following management policies should apply to all shorelines in the
Downtown Waterfront environment:
(1) First priority should be given to water dependent uses. Second priority should be
given to water related and water enjoyment uses. Non-water-oriented uses should
be permitted only when they do not conflict with or limit opportunities for water
oriented uses or on sites where there is no direct access to the shoreline and where
public access and ecological restoration are provided.
(2) Policies and regulations should assure no net loss of shoreline ecological
functions as a result of new development. Where applicable, new development
should include environmental cleanup and restoration of the shoreline in
accordance with any relevant State and Federal laws.
(3) Visual and/or physical public access should be required as a condition of
development.
(4) Aesthetic objectives should be implemented by means such as sign control
regulations, appropriate development siting, screening and architectural standards,
and maintenance of natural vegetative buffers.
(e) Industrial
Purpose: This Industrial designation is intended to provide for efficient utilization of
suitable shoreline areas for water dependent commerce and industry consistent with the
Shoreline Management Act. The Industrial designation is appropriate for high intensity
uses related to manufacturing, transportation, or navigation, or suitable and planned for
high intensity water-oriented uses.
Policies: The following management policies should apply to all shorelines in the
Industrial environment:
(1) Priority should be given to water dependent industrial uses. Second priority
should be given to water related and water enjoyment uses. Non-water-oriented
uses should not be allowed except in limited situations where they do not conflict
with or limit opportunities for water oriented uses or on sites where there is no
direct access to the shoreline and where public access and ecological restoration
are provided.
(2) Policies and regulations should assure no net loss of shoreline ecological
functions as a result of new development. Where applicable, new development
should include environmental cleanup and restoration of the shoreline in
accordance with any relevant State and Federal laws.
(3) Visual and/or physical public access should be required as a condition of
development.
(4) Aesthetic objectives should be implemented by means such as sign control
regulations, appropriate development locations, screening and architectural
standards, and maintenance of natural vegetative buffers.
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(f) Isolated
Purpose: The objective of the Isolated designation is to recognize that there are areas
that are within 200 feet of the shoreline, but are isolated from the shoreline by
intervening elements such as roads. In these areas the development standards outlined in
the SMP, such as buffers, are not appropriate. This designation is appropriate for lands
that are inherently isolated from the shoreline, however should the obstruction be
removed so that the area is no longer isolated, the designation of Isolated should also be
removed.
Policies: In these specific areas, the development standards of the SMP shall not be
applied; however mandatory permit requirements of the Shoreline Management Act do
apply. It is the intent that this area will be governed by underlying provisions of the
zoning code, Critical Area Ordinance, Subdivision standards and stormwater
requirements. Local, State and Federal regulations are applicable.
(g) Multi-Family Residential
Purpose: This Multi-Family Residential designation is intended for areas which are
currently primarily multi-family residential or intended for multi-family residential use.
These areas are to maintain existing character in terms of open space, bulk, scale, and
intensity of use within the guidelines of the zoning code. An additional purpose is to
provide appropriate public access and recreational uses for public enjoyment.
Policies: The following management policies should apply to all shorelines in the Multi-
Family Residential environment:
(1) Standards for density, minimum width, setbacks, building bulk, lot coverage,
buffers, shoreline stabilization, vegetation conservation, critical area protection,
and water quality should be set to maintain no net loss of shoreline ecological
functions.
(2) New multi-family residential developments should provide public access and joint
use community recreational facilities where appropriate.
(3) Access, utilities, and public services should be available and adequate to serve
existing needs and/or planned future development.
(h) Recreation
Purpose: The Recreation designation is intended to provide recreational and public
access opportunities along Bremerton’s shorelines. It is an appropriate designation for
areas occupied by recreational purposes such as parks and marinas. An additional
purpose is to maintain and restore ecological functions to the area and preserve open
space within the City.
Policies: The following management policies should apply to all shorelines in the
Recreation designation:
(1) Both to the goal of recreational use and the goal of ecological stewardship
ensuring no net loss of ecological function should be implemented in all
development.
(2) Development should be related primarily to expanding recreational opportunities
in the area. These activities include but are not limited to boating, swimming,
walking, hiking, and recreational sports. Priority should be given to those
developments related to a water dependent activity such as swimming or boating.
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(3) Recreational opportunities should be accessible to all demographic populations in
the City.
(4) Park management should encourage ecological stewardship as outlined in the
Restoration Plan. This includes, but is not limited to such measures as setting
picnic areas away from the water’s edge, planting and maintaining native
vegetation buffers along the water, and making floodplain connections where
feasible.
(i) Single Family Low Density Residential
Purpose: The Single Family Low Density Residential designation is intended for areas
which are currently primarily single family Low Density residential, are planned, or are
platted for single family Low Density residential use. These areas are to maintain
existing character and be consistent with that character in terms of open space, bulk,
scale, and intensity of use within the guidelines of the zoning code. An additional
purpose is to provide appropriate public access and recreational uses for public
enjoyment.
Policies: The following management policies should apply to all shorelines in the Single
Family Low Density Residential environment:
(1) Standards for density or minimum frontage width, setbacks, lot coverage
limitations, buffers, shoreline stabilization, vegetation conservation, critical area
protection, and water quality should be set to maintain no net loss of shoreline
ecological functions.
(2) New single family Low Density residential developments should provide
public access and joint use community recreational facilities where
appropriate.
(3) Access, utilities, and public services should be available and adequate to serve
existing needs and/or planned future development.
(j) Urban Conservancy
Purpose: The Urban Conservancy designation is intended to protect and restore
ecological functions of lands within the shoreline jurisdiction. These areas are identified
as having biological or physical limitations or other unique or hazardous characteristics
that are incompatible with intense development. Activities permitted in these areas are
intended to have minimal adverse impacts upon the shoreline. These areas are not
generally suitable for intensive water dependent uses.
Policies: The following management polices apply to all shorelines in the Urban
Conservancy environment:
(1) Primary allowed uses and their associated development standards should preserve
the natural character of the area or promote preservation of open space, floodplain
or sensitive lands where they exist in urban and developed settings, either directly
or over the long term. Uses that result in restoration of ecological functions should
be allowed if the use is otherwise compatible with the purpose of the environment
and the setting.
(2) Standards should be established for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications within the urban
conservancy designation. These standards should ensure that new development
does not result in a net loss of shoreline ecological functions or further degrade
other shoreline values.
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(3) Public access and public recreation objectives should be implemented whenever
feasible and where significant ecological impacts can be mitigated.
4.040 Shorelines of Statewide Significance:
Purpose: The Shoreline Management Act of 1971 designated certain shoreline areas as
"Shorelines of Statewide Significance". These shorelines are important to the entire state
because they are a major resource from which all people in the state derive benefit. This
Master Program gives preference to uses which favor public and long-range goals.
In the City of Bremerton, the portions of Puget Sound, lying seaward from the line of
extreme low tide, are Shorelines of Statewide Significance. Accordingly, this Master
Program shall give preference to uses which meet the principles outlined below in order
of preference for these locations:
(a) Recognize and protect the Statewide interest over local interest through the use of the
following measures:
(1) Solicit comments and opinions from groups and individuals representing
statewide interests by circulating the Master Program, Master Program
amendments and requests for Substantial Development permits on Shorelines of
Statewide significance to state agencies, adjacent jurisdictions, and applicable
interest groups.
(2) Recognize and take into account state agencies' policies, programs, and
recommendations in developing and administering use regulations.
(b) Preserve the natural character of the shoreline through the following measures:
(1) Designate and administer shoreline environments and use regulations to minimize
manmade intrusions on shorelines;
(2) Upgrade and redevelop those areas where intensive development already exists in
order to reduce their adverse impact on the environment and to accommodate
future growth, rather than allowing high intensity uses to extend into low intensity
use or underdeveloped areas.
(c) Ensure long-term over short-term benefits through the following measures:
(1) Preserve the shorelines for future generations. For example, actions that would
convert resources into irreversible uses or detrimentally alter natural conditions
characteristic of shorelines of statewide significance should be severely limited;
(2) Evaluate the short-term economic gain or convenience of developments in
relationship to long-term and potentially costly impairments to the natural
environment;
(3) Actively promote aesthetic considerations when contemplating new development,
redevelopment of existing facilities or for the general enhancement of shoreline
areas.
(d) Protect the resources and ecology of the shorelines through the following measures:
(1) Leave undeveloped those areas which contain a unique or fragile resource;
(2) Prevent erosion and sedimentation that would alter the natural function of the
water system. In areas where erosion and sediment control practices will not be
effective, severely limit excavations or other activities which increase erosion;
(3) Restrict public access onto areas which cannot be maintained in a natural
condition under human uses.
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(e) Increase public access to publicly owned areas of the shorelines through the following
measures:
(1) Preserve the public's opportunity to enjoy the physical and aesthetic qualities of
natural shorelines of the state consistent with the overall best interest of the
people of the state;
(2) Plan for a system of public access facilities that recognize exiting facilities,
constraints, and opportunities. Identify appropriate public access provisions for
specific shoreline reaches;
(3) Improve pedestrian access to the shoreline through paths and trails to shoreline
areas, linear access along the shorelines, and by developing connections to other
trails and facilities;
(4) Develop upland parking to serve public access areas where appropriate;
(5) Design development to provide opportunities for public access compatible with
other uses;
(f) Increase recreational opportunities for the public on the shorelines through the
following measures:
(1) Plan for and encourage development of public facilities for recreational use of the
shorelines;
(2) Integrate water-dependent recreation uses wherever possible as part of multiple
use of private shoreline development.
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Chapter 5 - Permit Administration
5.010 – Applicability
5.020 – Permit Application Types
5.030 – Noticing Requirements
5.040 – Criteria of Approval
5.050 – Appeals
5.060 – Time Periods
5.070– Violations and Penalties
5.080 – Shoreline Moratorium
5.090 – Restoration Project Relocation of OHWM
5.100 – Special Procedures for WSDOT Projects
5.010 Applicability:
(a) Liberal Construction: All regulations applied within the shoreline shall be liberally
construed to give full effect to the objectives and purposes for which they have been
enacted. Shoreline Master Program policies establish intent for the shoreline
regulations in addition to RCW 90.58 and Chapter 173 of the Washington
Administrative Code 173-26 and 173-27.
(b) Burden of Proof: The applicants for any permit shall have the burden of proving that
the proposed development is consistent with the criteria as set out in the Shoreline
Management Act.
(c) Development Permit Compliance:
(1) For all development within shoreline jurisdiction, the responsible official shall not
issue a development or construction permit or an exemption for such development
until compliance with the Shoreline Master Program has been documented. If a
Shoreline Substantial Development Permit is required, no permit shall be issued
until all comment and appeal periods have expired. Any development permit for
work within the shoreline jurisdiction (200’ from the OHWM) shall be subject to
the same terms and conditions that apply to the shoreline permit.
(d) Constitutional limitations: Regulation of private property to implement any
Program goals, such as public access and protection of ecological functions, must
be consistent with all relevant constitutional and other legal limitations. These
include, but are not limited to, property rights guaranteed by the United States
Constitution and the Washington State Constitution, applicable federal and state
case law, and state statutes, such as RCW 34.05.328 and 43.21C.060.
(e) Agency coordination: The city will coordinate on issues relating to ecological
conditions, functions and processes and on wetland and ordinary high water
delineations with the Department of Ecology, the Department of Natural Resources,
the Department of Fish and Wildlife, Suquamish Tribe, as well as other agencies
with permit authority over a project to the extent that agencies are timely in their
response and coordination does not interfere with meeting timelines for permit
review.
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(f) Compliance with other regulatory requirements: Compliance with the provisions
of this chapter does not constitute compliance with other federal, state, and local
regulations and permit requirements that may be required (for example, , Hydraulic
Permit Act (HPA) permits, U.S. Army Corps of Engineers Section 404 permits,
Washington State Department of Ecology Water Quality Certification (Section 401)
National Pollution Discharge Elimination System permits). The applicant is
responsible for complying with these requirements, apart from the process
established in this chapter. (Ord. 1164 § 4, 2004).
(g) Local review exceptions: Requirements to obtain a Substantial Development
Permit, Conditional Use Permit, Variance, letter of exemption, or other review to
implement the Shoreline Management Act do not apply to the following:
(1) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial
action at a facility pursuant to a consent decree, order, or agreed order issued
pursuant to chapter 70.105D RCW, or to the department of ecology when it
conducts a remedial action under chapter 70.105D RCW. Periodic Review
Checklist Guidance 6 September 2019
(2) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW
90.58.355, any person installing site improvements for storm water treatment in
an existing boatyard facility to meet requirements of a national pollutant
discharge elimination system storm water general permit.
(3) WSDOT facility maintenance and safety improvements. Pursuant to RCW
90.58.356, Washington State Department of Transportation projects and activities
meeting the conditions of RCW 90.58.356 are not required to obtain a Substantial
Development Permit, Conditional Use Permit, Variance, letter of exemption, or
other local review.
(4) Projects consistent with an environmental excellence program agreement
pursuant to RCW 90.58.045.
(5) Projects authorized through the Energy Facility Site Evaluation Council process,
pursuant to chapter 80.50 RCW.
(h) Federal Jurisdiction: Areas and uses in those areas under exclusive federal
jurisdiction and are established through federal or state statues are not subject to
RCW 90.58. The Shoreline Management Act and Shoreline Master Program do not
apply to Bremerton’s federal lands including, but not limited to the Naval Base
Kitsap-Bremerton, Naval Hospital, Jackson Park Housing Complex, Camp McKean,
and Puget Sound Naval Shipyard and Intermediate Maintenance Facility.
(i) Permit Revisions: An application for a permit revision is required whenever the
applicant proposes substantive changes to the design, terms, or conditions of a
project that has an approved permit. The City may approve a revision, rather than
requiring a separate shoreline permit provided the revision is within the scope and
intent of the original permit, and is consistent with all applicable standards within the
SMP and SMA. Should the revision be found to be within the scope and intent of the
original permit the City may approve the revision and submit it to the Department of
Ecology. Pursuant to WAC 173-27-100 “Within the scope and intent of the original
permit” means all of the following:
(1) No additional overwater construction is involved except that pier, dock or float
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construction may be increased by five hundred square feet or ten percent (10%)
from the provisions of the original permit, whichever is less:
(2) Ground area coverage and height may be increased a maximum of ten
percent (10%) from the provisions of the original permit;
(3) The revised permit does not authorize development toe exceed height, lot
coverage, setback, or any other requirements of the SMP except as
authorized under a variance granted as the original permit or a part thereof;
(4) Additional or revised landscaping is consistent with any conditions attached to
the original permit and with the SMP;
(5) The use authorized pursuant to the original permit is not changed; and
(6) No adverse environmental impacts will be caused by the project revision.
(j) Exemptions:
A Shoreline Substantial Development Permit shall be required for all proposed use and
development within the shoreline jurisdiction unless the proposal is specifically exempt
from permit requirements pursuant to WAC 173-27-040, as amended The City issues
exemptions for all work that does not meet the threshold for a shoreline permit to be
required. The following list of exemptions is an exact copy from the WAC, and is
located here as a courtesy to the reader. Any exemptions adopted subsequently by the
legislature shall apply without amendment to this program. An exemption from a
shoreline permit is not an exemption from compliance with the Act or the Shoreline
Master Program, or from any other regulatory requirements. Exemptions shall be
construed narrowly. Only those developments that meet the precise terms of one or more
of the listed exemptions may be granted exemption from the Shoreline Substantial
Development Permit process.
Exemptions are as follows:
(1) Any development of which the total cost or fair market value, whichever is
higher, does not exceed seven-thousand and forty-seven dollars , if such
development does not materially interfere with the normal public use of the
water or shorelines of the state. The dollar threshold established in this
subsection must be adjusted for inflation by the office of financial management
every five years, beginning July 1, 2007, based upon changes in the consumer
price index during that time period. "Consumer price index" means, for any
calendar year, that year's annual average consumer price index, Seattle,
Washington area, for urban wage earners and clerical workers, all items,
compiled by the Bureau of Labor and Statistics, United States Department of
Labor. The office of financial management must calculate the new dollar
threshold and transmit it to the office of the code reviser for publication in the
Washington State Register at least one month before the new dollar threshold is
to take effect. For purposes of determining whether or not a permit is required,
the total cost or fair market value shall be based on the value of development that
is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The
total cost or fair market value of the development shall include the fair market
value of any donated, contributed or found labor, equipment or materials;
(2) Normal maintenance or repair of existing structures or developments, including
damage by accident, fire or elements. "Normal maintenance" includes those
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usual acts to prevent a decline, lapse, or cessation from a lawfully established
condition. "Normal repair" means to restore a development to a state comparable
to its original condition, including but not limited to its size, shape,
configuration, location and external appearance, within a reasonable period after
decay or partial destruction, except where repair causes substantial adverse
effects to shoreline resource or environment. Replacement of a structure or
development may be authorized as repair where such replacement is the
common method of repair for the type of structure or development and the
replacement structure or development is comparable to the original structure or
development, including but not limited to its size, shape, configuration, location
and external appearance, and the replacement does not cause substantial adverse
effects to shoreline resources or environment;
(3) Construction of the normal protective bulkhead common to single-family
residences. A "normal protective" bulkhead includes those structural and
nonstructural developments installed at or near, and parallel to, the ordinary
high water mark for the sole purpose of protecting an existing single-family
residence and appurtenant structures from loss or damage by erosion. A normal
protective bulkhead is not exempt if constructed for the purpose of creating dry
land. When a vertical or near vertical wall is being constructed or
reconstructed, not more than one cubic yard of fill per one foot of wall may be
used as backfill. When an existing bulkhead is being repaired by construction
of a vertical wall fronting the existing wall, it shall be constructed no further
waterward of the existing bulkhead than is necessary for construction of new
footings.
When a bulkhead has deteriorated such that an ordinary high water mark has
been established by the presence and action of water landward of the bulkhead
then the replacement bulkhead must be located at or near the actual ordinary
high water mark. Beach nourishment and bioengineered erosion control
projects may be considered a normal protective bulkhead when any structural
elements are consistent with the above requirements and when the project has
been approved by the Department of Fish and Wildlife.
(4) Emergency construction necessary to protect property from damage by the
elements. An "emergency" is 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 this chapter. Emergency construction
does not include development of new permanent protective structures where
none previously existed. Where new protective structures are deemed by the
administrator to be the appropriate means to address the emergency situation,
upon abatement of the emergency situation the new structure shall be removed
or any permit which would have been required, absent an emergency, pursuant
to chapter 90.58 RCW, these regulations, or the local master program, obtained.
All emergency construction shall be consistent with the policies of chapter 90.58
RCW and the local master program. As a general matter, flooding or other
seasonal events that can be anticipated and may occur but that are not imminent
are not an emergency;
(5) Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on
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shorelands, construction of a barn or similar agricultural structure, and the
construction and maintenance of irrigation structures including but not limited to
head gates, pumping facilities, and irrigation channels: Provided, That a feedlot
of any size, all processing plants, other activities of a commercial nature,
alteration of the contour of the shorelands by leveling or filling other than that
which results from normal cultivation, shall not be considered normal or
necessary farming or ranching activities. A feedlot shall be an enclosure or
facility used or capable of being used for feeding livestock hay, grain, silage, or
other livestock feed, but shall not include land for growing crops or vegetation
for livestock feeding and/or grazing, nor shall it include normal livestock
wintering operations;
(6) Construction or modification of navigational aids such as channel markers and
anchor buoys;
(7) Construction on shorelands by an owner, lessee or contract purchaser of a single-
family residence for their own use or for the use of their family, which residence
does not exceed a height of thirty-five feet above average grade level and which
meets all requirements of the state agency or local government having
jurisdiction thereof, other
than requirements imposed pursuant to chapter 90.58 RCW. "Single-family
residence" 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. An "appurtenance" is necessarily connected to
the use and enjoyment of a single-family residence and is located landward of
the ordinary high water mark and the perimeter of a wetland. On a statewide
basis, normal appurtenances include a garage; deck; driveway; utilities; fences;
installation of a septic tank and drainfield and grading which does not exceed
two hundred fifty cubic yards and which does not involve placement of fill in
any wetland or waterward of the ordinary high water mark. Local circumstances
may dictate additional interpretations of normal appurtenances which shall be set
forth and regulated within the applicable master program. Construction
authorized under this exemption shall be located landward of the ordinary high
water mark;
(8) Construction of a dock, including a community dock, designed for pleasure
craft only, for the private noncommercial use of the owner, lessee, or contract
purchaser of single-family and multiple-family residences. A dock is a landing
and moorage facility for watercraft and does not include recreational decks,
storage facilities or other appurtenances. This exception applies if either:
(i) In salt waters, the fair market value of the dock does not exceed
two thousand five hundred dollars; or
(ii) In fresh waters the fair market value of the dock does not exceed:
(A) Twenty-two thousand five hundred dollars ($22,500) for docks
that are constructed to replace existing docks, are of equal or
lesser square footage than the existing dock being replaced; or
(B) Eleven thousand two hundred ($11,200) dollars for all other
docks constructed in fresh waters.
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(C) However, if subsequent construction occurs within five years of
completion of the prior construction, and the combined fair
market value of the subsequent and prior construction exceeds the
amount specified above, the subsequent construction shall be
considered a substantial development for the purpose of this
chapter.
(iii) For purposes of this section salt water shall include the tidally
influenced marine and estuarine water areas of the state
including the Pacific Ocean, Strait of Juan de Fuca, Strait of
Georgia and Puget Sound and all bays and inlets associated
with any of the above;
(9) Operation, maintenance, or construction of canals, waterways, drains, reservoirs,
or other facilities that now exist or are hereafter created or developed as a part of
an irrigation system for the primary purpose of making use of system waters,
including return flow and artificially stored groundwater from the irrigation of
lands;
(10) The marking of property lines or corners on state-owned lands, when such
marking does not significantly interfere with normal public use of the surface of
the water;
(11) Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8, 1975, which were created, developed or
utilized primarily as a part of an agricultural drainage or diking system;
(12) Any project with a certification from the governor pursuant to chapter 80.50
RCW Site exploration and investigation activities that are prerequisite to
preparation of an application for development authorization under this chapter,
if:
(i) The activity does not interfere with the normal public use of the
surface;
(ii) The activity will have no significant adverse impact on the
environment including but not limited to fish, wildlife, fish or
wildlife habitat, water quality, and aesthetic values;
(iii) The activity does not involve the installation of any structure,
and upon completion of the activity the vegetation and land
configuration of the site are restored to conditions existing
before the activity;
(iv) A private entity seeking development authorization under this
section first posts a performance bond or provides other evidence of
financial responsibility to the local jurisdiction to ensure that the
site is restored to preexisting conditions; and(v) The activity is not
subject to the permit requirements of RCW 90.58.550;
(13) The process of removing or controlling aquatic noxious weeds, as defined in
RCW 17.26.020, through the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental
impact statement published by the department of agriculture or Ecology
jointly with other state agencies under chapter 43.21C RCW;
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(14) Watershed restoration projects as defined herein. Local government shall
review the projects for consistency with the shoreline master program in an
expeditious manner and shall issue its decision along with any conditions
within forty-five days of receiving all materials necessary to review the
request for exemption from the applicant. No fee may be charged for
accepting and processing requests for exemption for watershed restoration
projects as used in this section.
(i) "Watershed restoration project" means a public or private
project authorized by the sponsor of a watershed restoration
plan that implements the plan or a part of the plan and consists
of one or more of the following activities:
(A) A project that involves less than ten miles of stream reach, in
which less than twenty-five cubic yards of sand, gravel, or
soil is removed, imported, disturbed or discharged, and in
which no existing vegetation is removed except as minimally
necessary to facilitate additional plantings;
(B) A project for the restoration of an eroded or unstable stream
bank that employs the principles of bioengineering,
including limited use of rock as a stabilization only at the
toe of the bank, and with primary emphasis on using native
vegetation to control the erosive forces of flowing water; or
(C) A project primarily designed to improve fish and wildlife
habitat, remove or reduce impediments to migration of fish,
or enhance the fishery resource available for use by all of the
citizens of the state, provided that any structure, other than a
bridge or culvert or in-stream habitat enhancement structure
associated with the project, is less than two hundred square
feet in floor area and is located above the ordinary high water
mark of the stream.
(ii) "Watershed restoration plan" means a plan, developed or sponsored
by the Department of Fish and Wildlife, Ecology, the department of
natural resources, the department of transportation, a federally
recognized Indian tribe acting within and pursuant to its authority, a city,
a county, or a conservation district that provides a general program and
implementation measures or actions for the preservation, restoration, re-
creation, or enhancement of the natural resources, character, and ecology
of a stream, stream segment, drainage area, or watershed for which
agency and public review has been conducted pursuant to chapter 43.21C
RCW, the State Environmental Policy Act;
(15) Consistent with WAC 173-27-040, public or private project that is designed
to improve fish or wildlife habitat or fish passage (including restoration of
native kelp and eelgrass beds and restoring native oysters), that conforms to
the provision of RCW 77.55.181. (16) The external or internal retrofitting of an existing structure with the exclusive
purpose of compliance with the American with Disabilities Act of 1990 (42
U.S.C. 12101 et. seq.) or to otherwise provide physical access to the structure by
individuals with disabilities.
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5.020 Permit Application Types:
(a) A permit for any action in shoreline jurisdiction not requiring a Shoreline Substantial
Development Permit, Conditional Use Permit or Variance will be processed as a
Type I permit pursuant to BMC 20.02, Chapter 90.58 RCW and Chapter 173-27
WAC. A Shoreline Exemption issued by the City is required for all such exempt
activities. All uses and developments within the shoreline jurisdiction shall be carried
out in a manner that is consistent with this Program and the policy of the Act as
required by RCW 90.58.140(1), regardless of whether a permit, exemption, variance,
or conditional use permit is required. The policies and provisions of chapter 90.58
RCW, including the permit system, shall apply statewide to all nonfederal
developments and uses undertaken on federal lands and on lands subject to
nonfederal ownership, lease, or easement, even though such lands may fall within the
external boundaries of a federal ownership.
(b) All permits shall be submitted to the Department of Community Development
and shall comply with the submittal requirements of BMC 20.02.
(c) A Shoreline Substantial Development Permit application shall be processed as a
Type II permit pursuant BMC 20.02 and as otherwise required by Chapter 90.58
RCW and Chapter 173-27. Permits may be approved, approved with conditions or
denied by the Director.
(d) A Shoreline Conditional Use Permit shall be processed as either a Type II or Type
III permit depending on project scope. Permits shall be processed pursuant to BMC
20.02 or as otherwise required by Chapter 90.58 RCW and Chapter 173-27 WAC.
Permits may be approved, approved with conditions, or denied by the Director or
Administrative Hearing Examiner respectively.
(e) A Variance permit shall be processed as a Type III permit pursuant to BMC 20.02
and as otherwise required by Chapter 90.58 RCW and Chapter 173-27 WAC.
Permits may be approved, approved with conditions, or denied by the
Administrative Hearing Examiner.
5.030 Noticing Requirements:
When a notice of application is required, the following shall apply:
(a) Timeline: The notice shall be provided within fourteen (14) days after
the determination of completeness is issued.
(b) Content: The notice of application shall include the following:
(1) The file number assigned;
(2) The date of application, date of the notice of completeness, and the date of
the notice of application;
(3) A description of the proposed project action and a list of permits included with
the application and, if applicable, a list of requested studies;
(4) Identification of known permits not included with the application;
(5) Identification of existing environmental documents that evaluate the proposal;
(6) The location where the application and any studies can be reviewed;
(7) A statement of the public comment period and which shall not be less than thirty
(30) days;
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(8) A statement of the rights of any person to comment on the application, receive
notice of and participate in any hearings, request a copy of the decision and
any appeal rights;
(9) Any other information determined appropriate by the City.
(c) Legal Notice: Notice shall be provided in the following manner as applicable:
(1) Mail. The notice shall be sent by email, first class or higher mail to the following:
(i) The applicant;
(ii) Affected City Departments;
(iii) State, federal, tribal, and local agencies with jurisdiction;
(iv) For Type III Permits mailed notice shall also be sent to all property owners of
real property (as shown by the records of the Kitsap County Assessor’s
Office) within three hundred (300) feet of the subject property. Where any
portion of a property abutting the subject property is owned, controlled, or
under the option of purchase by the applicant, all property owners within a
three hundred (300) foot radius of the total ownership interest shall be
notified; and
(v) Any person who requests such notice in writing to the Department.
(2) Posting of the Property: Notice shall be posted according to the following:
(i) At least one (1) location on or adjacent to the subject property and that shall
be clearly visible and legible from an adjacent street or public area;
(ii) The Director shall determine the specifications to the construction and
installation of the notice boards.
(3) Publishing Notice: A published notice in the City’s official newspaper of general
circulation within the City boundaries is required. The content shall include the
following:
(i) Project location;
(ii) Project description;
(iii)Type of permit(s) required;
(iv)Comment period and dates;
(v) Location where the complete application may be viewed.
(d) Integration of Notices: The City will integrate the notice of application with SEPA
review whenever possible. Notification for a notice of application should be
combined with the notification for threshold determination and the scoping for a
determination of significance whenever possible.
(e) Issuance of Decisions: Except for a threshold determination, the City may not issue a
decision or a recommendation on a permit until the expiration of the public comment
period.
(f) Public Comments: Comments shall be as specific as possible. Comments shall be
received by the last day of the comment period specified in the notice. If no
comments are received by the date specified it is presumed that those notified have no
comments on City permits.
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5.040 Criteria of Approval:
(a) Shoreline Substantial Development Permits:
(1) A Shoreline Substantial Development Permit shall be granted only when the
development proposed is consistent with:
(i) The policies and procedures of the Shoreline Management Act RCW 90.58;
and the provisions of the Shoreline Guidelines WAC 173-26 and WAC 173-
27, and
(ii) This Shoreline Master Program, as well as the Comprehensive Plan and
Zoning Regulations, to the extent that they are consistent with the Shoreline
Master Program.
(2) The City may attach conditions to the approval of permits as necessary to assure
consistency of the project with the act and this Shoreline Master Program.
(3) Any ruling on an application for a Shoreline Substantial Development Permit
under authority of this Master Program, whether it is an approval or denial, shall,
with the transmittal of the ruling to the applicant, be filed concurrently with
Ecology and the Attorney General by the Director. Filing shall occur in
accordance with RCW 90.58.140(6) and WAC 173-27-130 for shoreline
substantial development permits, shoreline exemptions are not required to be
filed with Ecology unless Environmental review is required.
(b) Conditional Use Permits:
(1) Conditional Use Permits are issued for proposed Substantial Development
activities when the activity is classified as a Conditional Use or is an unlisted use
in the Shoreline Use/ Activity Matrix (Table 20.16.690). The purpose of the
Conditional Use Permit is to allow greater flexibility in the application of the
Shoreline Master Program. Conditional Use Permits are processed as an
Administrative Type II Director’s decision, but can at any point in the permit
process be elevated to a Type III Hearing Examiner decision when the Director
determines:
(i) The use or project has a significant impact beyond the immediate site;
(ii) The use or project is of a neighborhood or community wide interest; or
(iii) The use or project is of a controversial nature.
(2) Development activity considered a Conditional Use may be authorized if all
WAC 173-27-160 criteria are met as follows:
(i) The proposed use is consistent with RCW 90.58.020 and the policies of
Bremerton's Shoreline Master Program;
(ii) The proposed use will not interfere with the normal public use of public
shorelines;
(iii) The proposed use of the site and design are compatible with other permitted
uses in the area;
(iv) The proposed use will cause no net loss of ecological function to the shoreline
environment; and
(v) The public interest will not suffer a detrimental effect.
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(vi) When considering the application, consideration must be given to the
cumulative impact of additional requests for similar actions in the area. After
the City makes a final decision on a Conditional Use Permit, the permit and
application must be reviewed and approved by Ecology and the Attorney
General.
(c) Variance: Relief from specific bulk, dimensional or performance standards in the
Shoreline Master Program can be granted only when there are extraordinary or unique
circumstances relating to the property such that strict implementation of the Shoreline
Master Program will impose unnecessary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020.
(1) Development activities considered a Variance may be authorized if all of the
criteria in WAC 173-27-170 are met. The criteria include:
(i) The strict application of the bulk, dimensional, or performance standards
would preclude or significantly interfere with the reasonable use of the
property not otherwise prohibited by the Shoreline Master Program;
(ii) The hardship is specifically related to the property, and is the result of unique
conditions such as lot shape, size or natural features, and the application of the
Shoreline Master Program;
(iii) The project design is compatible with other permitted uses in the area, and
will not cause adverse effects to adjacent properties or the shoreline
environment;
(iv) The Variance will not constitute a grant of special privilege, and is the
minimum necessary to afford relief;
(v) The public interest will suffer no substantial detrimental effect; and
(vi) If the development is waterward of the ordinary high-water mark, the public
rights of navigation and use of the shorelines will not be adversely affected.
(2) After the City makes a final decision on a variance permit, the permit and
application must be reviewed and approved by Ecology.
5.050 Appeals:
(a) Applicability: Any person aggrieved by the granting, denying, or rescinding of a
permit on shorelines of the state pursuant to RCW 90.58.140 may, except as
otherwise provided in chapter 43.21B RCW, seek review from the Shorelines
Hearings Board by filing a petition for review within twenty-one days of the decision
as provided for in RCW 90.58.140(6).
(b) Type II Decisions: Type II decisions on Shoreline Substantial Development Permits,
Conditional Use Permits, and revisions to shoreline permits may be appealed to the
Administrative Hearing Examiner pursuant to Chapter 20.02 BMC within fourteen
(14) calendar days of the date of the decision, provided that the applicant agrees to
this local appeal. In the case of a Conditional Use Permit the Director may request
that Ecology delay action in the approval until the local appeal process has been
completed. In lieu of an appeal to the Administrative Hearing Examiner, or in the
case where the applicant does not agree to a local appeal, an appeal of the local
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shoreline permit decision shall be heard by the Shorelines Hearings Board (SHB).
Any person may file a Petition for Review to the SHB within twenty-one (21)
calendar days of the date of filing of the decision with Ecology and the Attorney
General pursuant to RCW 90.58.180(1).
(c) Type III Decisions and Decisions on Appeals: Type III decisions, and decisions on
appeal of Type II decisions may be appealed to the Shorelines Hearings Board by
filing a Petition for Review within twenty-one (21) calendar days of the date of filing
of the decision with Ecology and the Attorney General pursuant to RCW
90.58.180(1).
(d) Ecology Approval: An appeal of a Conditional Use Permit or Variance by Ecology
shall be filed with the Shoreline Hearings Board within twenty one (21) calendar days
of notice of the Ecology Decision, pursuant to RCW 90.58.180(1).
(e) Shoreline Master Program Adoption and Amendments. The decision of Ecology
pertaining to the adoption of, or amendment to, the Shoreline Master Program may be
appealed to the Central Puget Sound Growth Management Hearing Board per Chapter
36.70A RCW.
5.060 Time Periods:
(a) Type II Permits: No construction pursuant to such permit shall begin or be
authorized and no building, grading or other construction permits or use permits shall
be issued by the City until 21 days from the date a Shoreline Substantial Development
Permit was filed with Ecology and the Attorney General, or until all review
proceedings are completed as were initiated within the twenty one (21) days of the
date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC
173-27-130.
(b) Type III Permits or Type II Conditional Use Permits: No permits and construction
shall begin or be authorized until 21 days from the date of notification of approval by
Ecology, or until all review proceedings are completed as were initiated within the
twenty one (21) days of the date of filing. Filing shall occur in accordance with RCW
90.58.140(6) and WAC 173-27-130.
(c) Expiration: Unless a different time period is specified in the shoreline permit as
authorized by RCW 90.58.143, construction activities, or a use or activity for which a
permit has been granted pursuant to this Master Program, must be commenced within
two (2) and completed within five (5) years of the effective date of a shoreline
permit, or the shoreline permit shall terminate and a new permit shall be necessary.
The Director may authorize a single extension for commencing activity and a single
extension for completing the activity, neither to exceed one year based on reasonable
factors if an extension request is filed with the City within thirty days of the permit
expiry . A notice of the proposed extension shall be forwarded to parties of record
and Ecology.
(d) Extensions: A permit authorizing construction shall extend for a term of no more
than five (5) years after the effective date of a shoreline permit, unless a longer
period has been specified pursuant to RCW 90.58.143, or as authorized above. If an
applicant files a request for an extension prior to expiration of the shoreline permit,
the Director shall review the permit and upon a showing of good cause may
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authorize a single extension of the shoreline permit for a period of up to one year.
Otherwise said permit shall terminate. Notice of the proposed permit extension shall
be given to parties of record and Ecology. To maintain the validity of a shoreline
permit, it is the applicant’s responsibility to maintain valid construction permits in
accordance with adopted Building Codes.
(e) Reductions: If it is determined that standard time requirements of subsections c and
d should not be applied, the Hearing Examiner, upon a finding of good cause, may
establish shorter time limits, provided that as a part of action on a conditional use or
variance permit the approval of Ecology shall be required. “Good cause” means that
the time limits established are reasonably related to the time actually necessary to
perform the development on the ground and complete the project that is being
permitted.
(f) Timing: For purposes of determining the life of a shoreline permit, the effective date
of a Shoreline Substantial Development Permit, shoreline conditional use permit, or
shoreline variance permit shall be the date of filing as provided in RCW
90.58.140(6). The permit time periods do not include the time during which a use or
activity was not actually pursued due to the pendency of appeals or legal actions, or
due to the need to obtain any other government permits and approvals for the
development that authorize the development to proceed.
(g) Responsibility: It is the responsibility of the applicant to inform the director of
other permit applications filed with agencies other than the City and of any related
administrative or legal actions on any permit or approval.
(h) If an appeal is filed, construction may not commence until disposition of the
appeal unless otherwise established by the Shoreline Hearings Board pursuant to
RCW 90.58.140(5)(b).
5.070 Violations and Penalties:
(a) Any person who fails to conform to the terms of a Shoreline Substantial
Development Permit, conditional use permit, variance or other permit issued under
the Shoreline Master Program, or who undertakes a development or use on shorelines
of the state without first obtaining a permit, or violates any other provision of the
Shoreline Master Program, or who fails to comply with a cease and desist order or
notice of violation issued under Chapter 1.04 BMC may be subject to enforcement
and penalties as follows:
(b) Any violation, as noted above, constitutes a civil violation under Chapter 1.04
BMC, as currently enacted or hereinafter amended, for which a monetary penalty
may be assessed and enforcement may be required, as provided therein.
(c) In addition to or as an alternative to any other penalty provided herein or by law,
any person who commits a violation, as noted above, shall be guilty of a gross
misdemeanor pursuant to RCW 90.58.220.
(d) In lieu of or in addition to the above, the City may utilize the enforcement
procedures and remedies, including requiring appropriate correction action,
contained in WAC 173-27-240 through 173-27-300.
(e) Any person subject to the regulatory program of this Master Program who
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violates any provision of this Master Program or the provisions of a permit issued
pursuant thereto shall be liable for all damages to public or private property arising from
such violation, including the cost of restoring the affected area to its condition prior to
such violation. If a suit is pursued the City Attorney shall bring suit for damages under
this subsection on behalf of the City. Private persons shall have the right to bring suit for
damages under this subsection on their own behalf and on behalf of all persons similarly
situated. If liability has been established for the cost of restoring an area affected by
violation the Court shall make provision to assure that restoration will be accomplished
within a reasonable time at the expense of the violator. In addition to such relief,
including monetary damages, the Court in its discretion may award attorney’s fees and
costs of the suit to the prevailing party.
5.080 Shoreline Moratorium:
The City Council may adopt moratoria or other interim official controls as necessary and
appropriate to implement the provisions of the Shoreline Management Act as outlined in
RCW 90.58.590.
5.090 Restoration Project Relocation of Ordinary High Water Mark:
The City may grant relief from Shoreline Master Program development standards and use
regulations when the following apply:
(a) A shoreline restoration project causes, or would cause, a landward shift in
the ordinary high water mark, resulting in the following:
(1) Land that had not been regulated under this chapter prior to construction of
the restoration project is brought under shoreline jurisdiction; or
(2) Additional regulatory requirements apply due to a landward shift in required
shoreline buffers or other regulations of the applicable Shoreline Master
Program; and
(3) Application of Shoreline Master Program regulations would preclude or
interfere with use of the property permitted by local development regulations,
thus presenting a hardship to the project proponent.
(b) The proposed relief meets all of the following criteria:
(1) The proposed relief is the minimum necessary to relieve the hardship;
(2) After granting the proposed relief, there is net environmental benefit from
the restoration project;
(3) Granting the proposed relief is consistent with the objectives of the
shoreline restoration project and consistent with the Shoreline Master
Program; and
(4) Where a shoreline restoration project is created as mitigation to obtain a
development permit, the project proponent required to perform the mitigation
is not eligible for relief under this section.
(c) If approved by the city, the application for relief must be submitted to Ecology
for written approval or disapproval.
(1) This review must occur during Ecology's normal review of a shoreline
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Substantial Development Permit, conditional use permit, or variance. If no such
permit is required, then the department shall conduct its review when the local
government provides a copy of a complete application and all supporting information
necessary to conduct the review consistent with submittal and decision procedures of
WAC 173-27-215.
(2) Except as otherwise provided in subsection d of this section, Ecology shall
provide at least 20-day notice to parties that have indicated interest to the
department in reviewing applications for relief under this section, and post the
notice on to their website.
(3) The Department shall act within 30 calendar days of close of the Public Notice
period, or within 30 days of receipt of the proposal from the local government if
additional public notice is not required.
(d) The public notice requirements of subsection c of this section do not apply if the
relevant shoreline restoration project was included in a Shoreline Master Program or
shoreline restoration plan as defined in WAC 173-26-201, as follows:
The restoration plan has been approved by the department under applicable
Shoreline Master Program guidelines; and the shoreline restoration project
is specifically identified in the Shoreline Master Program or restoration plan
or is located along a shoreline reach identified in the Shoreline Master
Program or restoration plan as appropriate for granting relief from shoreline
regulations; and the Shoreline Master Program or restoration plan includes
policies addressing the nature of the relief and why, when, and how it would
be applied.
5.100 Special Procedures for WSDOT projects
(a) Permit review time for projects on a state highway. Pursuant to RCW 47.01.485, the
Legislature established a target of 90 days review time for local governments.
(b) Optional process allowing construction to commence twenty-one days after date of
filing. Pursuant to RCW 90.58.140, Washington State Department of Transportation
projects that address significant public safety risks may begin twenty-one days after the
date of filing if all components of the project will achieve no net loss of shoreline
ecological functions.
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Chapter 6 - Nonconforming Provisions
6.010 – Intent
6.020 – Establishment of a Legal Nonconformity and Applicability
6.030 – Annexations
6.040 – Substantial Destruction
6.050 – Nonconforming Lots
6.060 – Nonconforming Structures
6.070 – Unlawful Uses and Structures
6.010 Intent:
(a) To avoid undue hardship to property owners whose existing lots, structures, or
uses were lawful at the time of their establishment, but are prohibited, regulated,
or restricted under the Shoreline Master Program and Zoning Code.
(b) To set forth conditions under which these nonconformities may continue to exist
until such a time they are discontinued as prescribed by law. Nothing in this
chapter shall be deemed to require a change in the plans, construction or
designated use of any building or site legally established.
6.020 Establishment of a Legal Nonconformity and Applicability:
(a) A party asserting the existence of a lawfully established nonconforming lot, use
or structure has the burden of proof that the lot, use or structure was not
substandard in meeting the requirements of the Shoreline Master Program or
Zoning Code that were in effect at its creation.
(b) The rules of this chapter are applied by first reviewing which provisions are
applicable to the nonconformity. When a combination of nonconforming lot,
structure or use exists, each segment of the nonconformity is reviewed
independently of the others.
(c) Subject to the provisions of this Chapter, a use, lot, or structure lawfully existing
prior to the effective date of this Shoreline Master Program or any amendment
thereto, which is rendered nonconforming by this Shoreline Master Program may
continue and may also be repaired, remodeled, and/or restored in the manner and
to the extent that it existed upon the effective date of this Shoreline Master
Program.
6.030 Annexation:
(a) Lots, structures, uses of land, and structures that were legally in existence prior
to annexation to the City, but that do not conform to the requirements of the
Shoreline Master Program or Zoning Code following the date of annexation,
shall become a legal nonconformity subject to the requirements of this chapter.
6.040 Substantial Destruction:
(a) For the purpose of this chapter, "substantial destruction" means the repair or
replacement of a building or structure which exceeds one of the following:
(1) Seventy five percent (75%) of the assessed value of the structure as determined
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by the Kitsap County Assessor. An appraised value may be substituted for the
assessed value at the request of the applicant and at the Director’s discretion.
(2) For accessory structures which are typically not assessed (such as decks, sheds,
garages, bulkheads, docks, and retaining walls) and the value cannot be
determined, substantial destruction will occur at the point that seventy five
percent (75%) or more of the structure is replaced. This does not include in-
water structures as they are addressed in SMP section 6.070(d) of the SMP.
(3) For both 1 and 2 above, all repair and maintenance work conducted within a five
(5) year period on the structure shall be included in the calculation.
6.050 Nonconforming Lots:
(a) Continuation and Development: A nonconforming lot may be developed for
any use allowed by the Shoreline Master Program and Zoning Code provided
the development meets, through design or by an approved variance the
applicable development standards within.
(b) Illegal Lot Modifications or Split: The following is applicable to all lots:
(1) No lot may be modified, divided or adjusted in a manner that would violate
the dimensional or area requirements of the Shoreline Master Program or
Zoning Code.
(2) A government agency may lawfully modify a lot in a manner that would
result in nonconformity, if portions of a lot are acquired for a public use or
purpose, or is allowed otherwise by law.
6.060 Nonconforming Uses:
(a) Continuation: Any legally established nonconforming use may be continued until
such time that it is discontinued as prescribed in subsection (d) or (e) of this
section.
(b) Change of Use: A structure or property containing a nonconforming use may
be changed to the following:
(1) A use that conforms to the requirements of the Shoreline Master Program
and Zoning Code; or
(2) Another nonconforming use; provided, that all of the following criteria are met:
(i) A Shoreline Conditional Use Permit is approved pursuant to Chapter 5, and
(ii) The existing nonconforming use was not discontinued as prescribed in
subsection (d) or (e) of this section (see below under discontinuation /
damage and destruction); and
(iii) The new use is clearly a reduction in the nonconformity and intensity of
the existing nonconforming use; and
(iv) There is no net loss of ecological processes and functions resulting from
the change in use.
(c) Use Expansion: A nonconforming use may be expanded or enlarged only in the
following circumstances:
(1) If the existing nonconformity is not utilizing the entire structure, it may be
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expanded to other portions of the structure provided the enlargement is within
the existing physical space of the building or use and all of the following criteria
are met:
(i) There is no increase outside the building walls of noise, light and glare and
other proximity impacts that may adversely affect adjacent uses or elements
of the natural environment; and
(ii) There is no net loss of ecological processes and functions resulting from
the alteration; and
(iii) The expansion or enlargement does not restore the structure from
substantial destruction.
(2) Residential dwellings may have the building area expanded if all of the
following criteria are met:
(i) The number of dwelling units is not increased; and
(ii) There is no decrease in the number of off-street parking spaces below the
minimum requirements of the current code and the addition complies with
all applicable development standards; and
(iii) There is no expansion into an area designated as a critical area or
shoreline buffer or building setback; and
(iv) There is no net loss of ecological processes and functions resulting from
the expansion.
(3) Acquisition of additional accessory off-street parking may be allowed
provided the additional parking is not located in the shoreline buffer.
(d) Discontinuation: A nonconforming use that is discontinued pursuant to the items
below shall have its legal nonconforming status terminated and any subsequent use
of the property or building shall be that of a use that conforms to all applicable
development standards.
(1) The nonconforming use is changed to a conforming use; or
(2) Another nonconforming use is approved pursuant to subsection (b)(2) of this
section; or
(3) The nonconforming use has ceased for a period of more than twelve (12)
consecutive months or for twelve (12) months during a two-year period.
(4) Aquaculture occurring on nonconforming aquaculture sites is not
considered discontinued until the use has ceased for a period of more than 5
years.
(e) Damage or Destruction: If a structure containing a nonconforming use experiences
substantial destruction, it shall constitute a discontinuation of the nonconforming
use, except the nonconforming use may be allowed to continue under either of the
following circumstances:
(1) The structure has suffered substantial destruction as a result of fire or other
casualty not intentionally caused by the owner and a complete building
permit application is filed within one (1) year of such fire or other casualty;
or
(2) The nonconforming use is a detached or attached single-family dwelling
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located in a zone in which they are prohibited. The use may be re-established
provided a complete building permit application is filed within one (1) year
of substantial destruction.
(f) Repair and Maintenance: A building or structure containing a nonconforming
use may be repaired and maintained, if the work does not restore it from
substantial destruction.
6.070 Nonconforming Structures:
(a) Continuation: Any legally established nonconforming structure may be continued
until such time that it experiences substantial destruction. If a structure experiences
substantial destruction it shall constitute a discontinuation of the nonconforming
structure and have its nonconforming status terminated. Any repair or reconstruction of
the structure shall comply with the requirements of the Shoreline Master Program and
the Zoning Code, except as follows:
(1) The nonconforming structure may be allowed to be rebuilt within the same
footprint and size if the structure has suffered substantial destruction as a result of
fire or other casualty not intentionally caused by the owner/parties of interest. A
complete building permit application shall be filed within one (1) year.
(b) Expansion: A nonconforming structure may be enlarged or extended, provided the
enlargement complies with the applicable setback, height, lot coverage, and other
site development requirements of the Shoreline Master Program and the Zoning
Code, and provided that such work does not restore the structure from substantial
destruction. Such expansions shall comply with the following:
(1) Expansions, including expansion of structures meeting substantial destruction
status as a result of an approved active building permit, located within the
setback/buffer may be permitted provided:
(i) Such expansion is located no further waterward than the existing foundation.
In the case that no foundation exists, the expansion shall not exceed the
existing building line.
(ii) The expansion shall be limited to a footprint of two hundred and fifty (250)
square feet.
(iii) At least fifty percent (50%) of the required buffer shall be restored with
natural vegetation per the requirements of SMP section 7.020; if the buffer is
not currently characterized by a dense community of native vegetation. The
Director may approve the natural vegetation as required in SMP section 7.020
of 50% of the distance between the structure and the shoreline. All proposed
vegetation shall be located as close to the shoreline as possible.
(iv) Natural vegetation to be planted must comply with the requirements for
vegetation management plans as established in SMP section 7.020 for the
portion of the buffer to be planted.
(v) There is no net loss of ecological processes and functions resulting from the
alteration.
(vi) These expansion provisions do not apply to overwater homes, including
but not limited to floating homes and floating on-water residences.
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(c) Repair and Maintenance: Normal repair and maintenance of a nonconforming
structure and vacant nonconforming structures which are not vacant for twelve
(12) consecutive months or a total of twelve (12) months during a two-year
period, may be performed that maintains continued safe and sanitary conditions,
provided such work does not restore the structure from substantial destruction as
defined above in SMP section 6.040.
(d) Repair and Maintenance of in-water structures:
(1) When repairing and maintaining in-water structures, each component type
(decking, pilings, or structural members) shall be reviewed independently for
compliance with the “substantial destruction” criteria, as the replacement of each
component must comply with current regulations when replacing more than 75%
of that component. For example, the replacement of more than 75% of the
decking on a dock requires that the new decking material provide light penetration
as outlined in SMP section 8.060.
(2) The use of creosote, arsenic and pentachlorophenol treated materials commonly
used for in-water structures shall be prohibited. All new or replaced boards, piers,
structural members etc. must comply with this prohibition regardless of the total
percent of the structure being replaced, due to the long term impacts to water
quality.
6.080 Unlawful Uses and Structures:
(a) Nothing in this chapter shall be interpreted to be authorization for, or approval of, the
continuation of the use of a structure that is in violation of any ordinance in effect at
the time of the passage of the ordinance codified in this chapter. The intermittent,
temporary, or illegal use of land or structures shall not be sufficient to establish the
existence of a nonconforming use and/or structure.
(b) Any use, structure or lot which did not comply with the all applicable development
standards at the time it was established or constructed and does not comply with the
current development standards is illegal and shall be brought into compliance with all
applicable development standards.
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Chapter 7 – General Standards and Regulations
7.010 – Buffers and Setbacks
7.020 – Vegetation Conservation
7.030 – Mitigation Sequencing for No Net Loss of Habitat Function
7.040 – Public Access
7.050 – Water Quality, Stormwater, and Non-Point Pollution
7.060 – Archaeologically Sensitive Areas
7.070 – Lighting Requirements
7.080 – Parking Requirements
7.090 – Use and Modifications Matrix and Height Table
7.010 Buffers and Setbacks:
Upland areas adjacent to the shoreline perform essential functions necessary to sustain habitat and
ecological processes. It is for this reason that development must be set back from the water’s edge
and that natural buffers must be created and or preserved. The City currently regulates such areas
through the Critical Areas Ordinance (Ordinance 4965 codified in BMC 20.14), however in areas
regulated by this document within the shoreline jurisdiction, the following regulations will
supersede those within the Critical Area Regulations:
(a) Critical Area Ordinance Applicability: Critical Areas that are within the shoreline
jurisdiction are regulated by the Critical Areas Regulations, (Ord. XXXX Section X (Exh X)
(part), 2020), codified under BMC 20.14 which is herein incorporated into this SMP however,
the following sections of the Critical Area Ordinance do not apply:
• BMC 20.14.130 Administration and Procedures;
• BMC 20.14.140 Appeals;
• BMC 20.14.145 Exemptions;
• BMC 20.14.150 Public Agency Exception;
• BMC 20.14.155 Reasonable Use Exception;
• BMC 20.14.160 Nonconforming uses/structures;
• BMC 20.14.330(f) Category III and IV Wetlands;
• BMC 20.14.330(g) Category IV Wetlands; and
• BMC 20.14.730(d)(5) Buffer Reductions
(b) Shoreline Buffers and Setbacks:
(1) The following table (Figure 7.010 (a)) defines required shoreline buffers and setbacks for
Type S waters. Buffers and setbacks for all other non-shoreline waters (Type F, Type Np, and
Type Ns) are defined in BMC 20.14.730(d), Table 1.
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Figure 7.010 (a): Shoreline Buffers and Setbacks
DESIGNATION Standard Shoreline
Buffer Width
Minimum Building
Setback
URBAN CONSERVANCY 175 feet 15 feet beyond buffer
SINGLE-FAMILYLOW DENSITY & MULTI-FAMILY RESIDENTIAL
Lot depth less than 125’ 20% of lot depth
(Minimum of 10 feet) 5 feet beyond buffer
Lot depth 125’ to 199’ 20% of lot depth 10 feet beyond buffer
Lot depth greater than 200’ 30% of lot depth
(Maximum of 100’) 15 feet beyond buffer
RECREATIONAL 100 feet 15 feet beyond buffer
COMMERCIAL/ INDUSTRIAL/
DOWNTOWN WATERFRONT 50 feet 15 feet beyond buffer
ISOLATED None None
The following additional notes apply to all designations unless specifically listed:
1. Where parallel designations exist, the buffer for the waterward designation shall not apply to the
landward designation. The buffer for the landward designation would be measured from the
OHWM.
2. Where lot depth is less than 150 feet on lots within the Commercial or Recreational
designations, the buffers listed above may be reduced to 20% of the lot depth, but in no case less
than 10’, with an approved Habitat Management Plan per subsection (5) below.
3. In no case shall a buffer be less than 10’ or greater than 100’ in the Shoreline Residential
Designation under shoreline buffer reduction options per subsection (6) below and listed in
Figure 7.010(b)
4. Buffers are measured from the Ordinary High Water Mark (OHWM).
5. The standard buffers may be reduced by averaging the existing development setbacks on
neighboring properties per subsection (6) below.
6. Water-dependent uses do not require shoreline buffers. Apply mitigation sequencing to avoid
and minimize adverse impacts during development siting.
(2) Buffers and Associated Building Setback Areas: Buffers shall remain undisturbed
natural beach or vegetation areas except where the buffer can be enhanced to improve
its functional attributes, as approved by the Department. Buffers shall be maintained
along the perimeter of the shoreline, as outlined in the table above. Refuse, garbage, or
debris shall not be placed in the buffers or on the beach.
(3) Interrupted buffer: When a buffer contains an existing legally established public or private
road, the Director may allow development on the landward side of the road provided that the
development will not have a detrimental impact to the shoreline. The applicant may be
required to provide a report to describe the potential impacts. In determining whether a
report is necessary, the City shall consider the extent and permanence of the buffer
interruption and potential impact on shoreline ecological functions.
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(4) Determining Lot Depth: Areas inundated with water are not included in the
calculation for lot depth, therefore the measurement may be taken from the
OHWM. For lots with varying lot depth, the average depth may be used.
(5) Habitat Management Plans: Within shoreline jurisdiction, the requirements for a
Habitat Management Plan as provided in BMC 20.14.730(e) and depicted within Table
2: Wildlife Habitat Conservation Areas shall be required to justify a reduction in the
width of a standard shoreline buffer provided enhancement features are installed that
will provide a greater habitat function than the prescribed buffer would.
(6) Setback and Buffer Reduction: The Director may grant modifications to the standard
shoreline buffer and setbacks required provided:
(i) The nearest adjacent like structure on either side of the subject property that are in the
same shoreline designation are setback less than the standard buffer/setback required
by the SMP. The average total setback of the like structures may be used as a reduced
buffer for the proposal;
(ii) In addition to the reduced buffer, a minimum of a 5’ building setback shall be
required for the proposed structure;
(iii) No new structure may have a reduced buffer of less than ten (10’) feet;
(iv) A Vegetation Management Plan is prepared per SMP section 7.020 and includes a native
community of vegetation on the waterward twenty five percent (25%) of the reduced
buffer width, with a minimum required width of ten feet (10’);
(v) One or more shoreline buffer reduction mitigation options included in Figure 7.010 (b)
must be implemented, unless demonstrated infeasible or not applicable;
Figure 7.010 (b): Shoreline Buffer Reduction Mitigation Options
Shoreline Buffer Reduction Mitigation Options
(i) Removal of at least 50 percent of an existing hard structural shoreline stabilization
measure and subsequent shoreline restoration to a natural or semi-natural state.
(ii) Setting back at least 50 percent of an existing bulkhead a minimum of 10 horizontal
feet based on feasibility of existing conditions and sloped a maximum three (3)
vertical: one (1) horizontal to provide a dissipation of wave energy.
(iii) Removal of creosote piling
(iv) Installation of biofiltration/infiltration mechanisms in lieu of piped discharge, such as
mechanisms that infiltrate or disperse surface water on the surface of the subject
property. These mechanisms shall be sized to store a minimum of 70 percent of the
annual volume of runoff water from the subject property, for sites with poor soils, or
99 percent of the annual volume of runoff water from the subject property, for sites
with well-draining soils. The mechanisms shall be designed to meet the requirements
in the City’s current surface water design manual.
(v) Removal of one or more overwater structures.
(vi) Any alternative jointly agreed upon by the Director and the Washington Department
of Fish & Wildlife
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(7) Fences: Fences are allowed within shoreline buffers and setbacks according to the
following conditions:
(i) Fences to be erected in the side yard may be permitted within the buffer, subject to
subsection (iv).
(ii) Fences may also be erected upland of the buffer including within the shoreline setback
area.
(iii) General development standards for fences are located in BMC 20.46.020. Safety or
hand rails may be erected in association with pedestrian access areas provided they do
not function as a fence and comply with the International Building Code.
(iv) A fence may be constructed within the outer half of the shoreline buffer when the fence
has wildlife passable gaps or reductions to 42” in height every 100’ linear feet within
the buffer.
(c) (a) Exemptions: The following development activities are not subject to shoreline buffers and
setbacks, provided they are constructed and maintained in a manner that minimizes adverse
impacts on shoreline ecological functions, and further provided that they comply with all the
applicable regulations in BMC Title 20 and this Program:
(2) Those portions of an approved water-oriented development that require a location waterward
of the ordinary high water mark, and/or within their associated buffers and setbacks;
(3) Development activities on lots that are physically and functionally separated from
shoreline by an improved paved public or private road or railroad or similar facility and/or
by one or more existing developed lots under separate ownership such that the ecological
functions provided by buffers do not occur. This provision shall not apply to such a facility
within a development proposal or contiguous ownership that can be feasibly relocated to
accommodate buffers.
(4) Underground utilities;
(5) Modifications to existing development that are necessary to comply with environmental
requirements of any agency when otherwise consistent with this Program, provided that
the City determines that:
(i) The facility cannot meet the dimensional standard and accomplish the purpose for
which it is intended; and
(ii) The facility is located, designed, and constructed to meet specified dimensional
standards to the maximum extent feasible; and
(iii) The modification is in conformance with the provisions for non-conforming
development and uses.
(6) Roads, railways, and other essential public facilities that must cross shorelines and are
necessary to access approved water-dependent development uses are subject to
development standards in SMP section 8.090.
(7) Stairs, ADA ramps, and walkways no greater than 5 feet in width or 18 inches in height
above grade, not including railings.
(8) Shared moorages shall not be subject to side yard setbacks when located on or adjacent to a
property line shared in common by the project proponents and where appropriate
easements or other legal instruments have been executed providing for ingress and egress
to the facility.
(9) Water enjoyment elements associated with an approved upland use that result in less than
fifty (50) square feet of development footprint within the buffer.
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7.020 Vegetation Conservation:
(a) Vegetation Management Plan: A plan shall be submitted for all new development and
redevelopment within the shoreline jurisdiction. Development proposed exclusively outside
the buffer must provide a site plan, to scale, documenting existing native vegetation within the
buffer and Notice to Title provisions per SMP 7.020(a)(8) below to protect this existing native
vegetation not deemed a noxious weed by Kitsap County. Development that is proposed
within a shoreline buffer shall submit a Vegetation Management Plan that provides for
enhancement of shoreline ecological functions and no net loss, in accordance with the
following:
(1) The plan shall preserve, enhance or establish native vegetation within the entire specified
buffer. Unless otherwise specified, plans shall be prepared by a qualified professional and
describe actions that will be implemented to ensure that buffer areas provide ecological
functions equivalent to a naturally occurring native vegetation community on the
shoreline. The Director may waive the requirement for a qualified professional for minor
single-family development.
(2) The plan shall depict planting of native trees, shrubs, and ground cover to a sufficient
density to provide effective canopy cover and erosion control in the buffer. The Director
may allow for the trees and shrubs to be positioned and spaced to allow for view
preservation and a shoreline access trail.
(3) The plan shall include a sheet depicting existing vegetation conditions, including
quantities, species type, distribution, approximate height of native vegetation, tree
diameter/driplines, general successional stage of vegetative cover, soil type, and any
existing hazard trees. Said information shall be indicated and represented on a site plan
drawn to scale and shall be reflected on an accompanying species and count matrix.
(4) Identify existing vegetation to be removed as a result of the proposal, as well as any
noxious vegetation onsite. See tree replacement standards per subsection (b)(3) below.
(5) New evergreen trees shall be a minimum height of four (4) feet and new deciduous trees
shall have a two (2) inch minimum caliper. Planting plans must include plant spacing no
less than the following densities: eight (8) feet on center for deciduous trees, sixteen (16)
feet on center for coniferous trees, and three (3) feet on center for shrubs. Shrubs shall be
of at least four different varieties.
(6) Methodology shall be identified for removal of noxious vegetation. The Director, as a
condition of approval, may require the removal of all noxious species.
(7) A financial surety (an assignment of funds or surety bond with no expiration date) shall be
provided that accounts for 150% of the cost for improvements such as installation of
plantings or other features identified in the plan. The Director may waive this requirement
for single-family residential development where the cost of such improvements is less than
five thousand ($5,000) dollars. The financial surety is intended to ensure implementation
of a five year maintenance, performance and monitoring plan that ensures a survival rate of
100% for trees and 85% for all other vegetation. The five year period shall begin at the
time the required native vegetation has been installed, and verified by a representative from
the Department of Community Development. Monitoring shall consist of site inspection
documentation and photographs taken by the applicant yearly indicating plant survival.
The documents shall be submitted at the end of the 5 years to the City for release of the
financial surety.
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(i) Civil violations are not exempt from bonding requirements.
(ii) Single-family proposals that do not request a buffer reduction or vegetation alteration
in the buffer are not required to provide the financial surety.
(iii) Failure to comply with a required plan shall result in a code violation. The City may
not issue active permits or land use requests on the subject property.
(8) Required vegetation shall be maintained over the life of the use and/or development. In
order to ensure such maintenance, prior to permit issuance a recorded conservation
easement or a Notice to Title shall be placed on the deed of the property identifying the
buffer area and required plantings and remain in perpetuity. The Notice to Title shall be
recorded with the Kitsap County Auditor's Office.
(9) Removal of trees greater than 6 inches in diameter at four (4) feet in height shall be replaced at a
ratio of 3:1 with native species and shall be re-established within any required buffer on the project
site.
(b) Existing Landscaping:
(1) In the absence of a development proposal, existing landscaping and gardens within the
buffer may be maintained in their existing condition including but not limited to mowing
lawns, weeding, removal of noxious and invasive species, harvesting and replanting of
garden crops, pruning and replacement planting of ornamental vegetation or indigenous
native species to maintain the condition and appearance of such areas as they existed prior
to adoption of this code.
(2) Removal of or alteration of native vegetation within the shoreline jurisdiction is strictly
prohibited unless such activity is required for a permitted use or is determined to be
hazardous by a qualified professional.
(3) Tree removal and replacement. Removal of trees greater than 6 inches in diameter at four
(4) feet in height shall be replaced according to the following:
(i) For trees removed within a shoreline buffer, replacement shall occur within the buffer
on the project site at a ratio of 3:1 with native species.
(ii) For new development located outside of the shoreline buffer, tree replacement shall
occur onsite within shoreline jurisdiction at a 2:1 ratio with native species for all trees
removed outside the proposed building footprint.
(iii) For trees removed outside of the shoreline buffer which are not associated with a new
development proposal, replacement shall occur onsite within shoreline jurisdiction at a
2:1 ratio with native species
(iv) All replacement trees shall be a minimum of five-gallon or two-inch caliper in size at
the time of planting.
7.030 Mitigation Sequencing for No Net Loss of Ecological Functions:
(a) Shoreline use, development, and re-development shall be carried out in a manner that prevents
or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all
developments and uses. Permitted uses shall be designed and conducted to minimize, in so far
as practical, any resultant damage to the ecology and environment. Shoreline ecological
functions that shall be protected include, but are not limited to, fish and wildlife habitat, food
chain support, and water temperature maintenance. Shoreline processes that shall be protected
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include, but are not limited to, water flow; erosion and accretion; infiltration; ground water
recharge and discharge; sediment delivery, transport, and storage; large woody debris
recruitment; organic matter input; nutrient and pathogen removal; and stream channel
formation/maintenance.
(b) Mitigation Requirement. If a proposed shoreline use or development is entirely addressed by
specific, objective standards (such as, but not limited to, setback distances, structural
dimensions, or materials requirements) contained in this Master Program, then the mitigation
sequencing analysis described in subsection (c) is not required. In the following
circumstances, the applicant must provide a mitigation sequencing analysis as described in
subsection (c):
(1) If a proposed shoreline use or development is addressed in any part by discretionary
standards (such as standards requiring a particular action “if feasible”, requires the
minimization of development size, or includes the reduction of a standard buffer)
contained in this Master Program, then the mitigation sequencing analysis is required for
the discretionary standard(s); or
(2) When an action requires a Shoreline Conditional Use Permit or Shoreline Variance
Permit; or
(3) When specifically required by regulations contained in this Master Program;
(c) When required, an application for permit or approval shall demonstrate all reasonable efforts
have been taken to provide sufficient mitigation such that the activity does not result in net
loss of ecological functions. Mitigation shall occur in the following prioritized order:
(1) Avoiding the adverse impact altogether by not taking a certain action or parts of an
action, or moving the action outside the shoreline area;
(2) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology and engineering, or by taking affirmative
steps to avoid or reduce adverse impacts;
(3) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected
environment;
(4) Reducing or eliminating the adverse impact over time by preservation and
maintenance operations during the life of the action;
(5) Compensating for the adverse impact by following the mitigation sequence outlined
herein;
(6) Monitoring the adverse impact and taking appropriate corrective measures.
(d) Applicants for permits have the burden of proving that the proposed development is
consistent with the criteria set forth in the Shoreline Master Program and the Act, including
demonstrating that all reasonable efforts have been taken to provide sufficient mitigation
such that the activity does not result in net loss of ecological functions.
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7.040 Public Access:
Public access includes the ability of the general public to reach, touch, and enjoy the water's
edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent
locations.
(a) Applicability: Public Access shall be incorporated into a development in all of the
following circumstances:
(1) New development that will generate a demand for one or more forms of public access,
(2) Water-dependent uses and developments that:
(i) Increase public use of the shorelines and public aquatic lands, or
(ii) Impair existing legal access opportunities, or
(iii) Utilize public harbor or aquatic lands, or
(iv) Are developed with public funding or other public resources.
(3) Non-water-oriented commercial and industrial uses,
(4) Non-single family development or use, or more than four (4) single-family residential
lots or single-family dwelling units, including subdivision, within a proposal or a
contiguously owned parcel,
(5) Any development located on public aquatic lands, except as related to single- family
residential use of the shoreline,
(6) Publicly financed or subsidized flood control and shoreline stabilization facilities or
measures.
(b) Location and Design Criteria: Required public access shall incorporate the
following location and design criteria:
(1) Proximity to water’s edge: Design of public access shall provide the general public with
opportunity to reach, touch, view, and enjoy the water's edge and shall be as close to the
shoreline’s edge as feasible; provided that public access does not adversely affect sensitive
ecological features or lead to an unmitigated reduction in ecological functions.
(2) Public access inside the buffer: Public access may be located inside the buffer provided
the applicant demonstrates compliance with the mitigation sequencing requirements
established above in SMP section 7.030. Walkways shall be buffered from sensitive
ecological features and may provide limited and controlled access to sensitive features and
the water’s edge where appropriate. Fencing no taller than four (4) feet in height may be
provided to control damage to plants and other sensitive ecological features where
appropriate.
Trails shall be constructed of permeable materials for example non-treated elevated
wooden walkways and limited to six (6) feet in width. The Director may consider public
access alternatives with an approved report demonstrating no net loss and adherence to the
Public Access policies in SMP section 2.040.
(3) Public access locations outside of buffers shall include:
(i) Not less than ten (10) percent of the developed area within the shoreline jurisdiction or
three thousand (3,000) square feet, whichever is greater. Water dependent uses are
exempt from this requirement; and
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(ii) Public access shall extend along the entire water frontage, unless such access will
interfere with the functions of water-dependent uses. The minimum width of public
access facilities shall be ten (10) feet and shall be constructed of materials consistent
with the design of the development.
(4) General Design Criteria: The entire public access area shall be:
(i) Landscaped, preserving and enhancing native vegetation where feasible, and
maintained by the property owner;
(ii) Connected to a nearby public street, an adjacent existing public walkway, or a future
walkway; and
(iii) Compliant with the requirements of the American’s with Disabilities Act and other
applicable standards for barrier free for the physically disabled, where feasible.
(iv) The dedicated area shall generally be open to public access 24 hours a day unless
specific exceptions are granted. If an exception is granted, access hours shall not be
restricted from 10:00 a.m. to dusk (one-half hour after sunset) each day. Changes in
access hours must meet the criteria of SMP section 7.040(c).
(v) A submittal shall include specific design features of the walkway,
landscaping, signs and other features as applicable.
(5) Access Requirements for Overwater Structures: Public access is required on over-
water structures that are located on public aquatic lands. Access shall include common
use of walkway areas in accordance with all applicable requirements within this section.
For instances triggering public access requirements, refer to applicability section
7.040(a).
(c) Modification of Public Access: Public access requirements may be modified only
when one or more of the following criteria are met:
(1) Unavoidable health or safety hazards to the public will occur which cannot be
prevented by any practical means;
(2) Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other reasonable solutions;
(3) Unacceptable environmental harm will result from the public access that cannot be
mitigated;
(4) Significant undue and unavoidable conflict between any access provisions and the
proposed use and/or adjacent uses would occur and cannot be mitigated;
(5) Significant unavoidable environmental impacts will result from the public access.
(6) Should any one of the abovementioned criteria impede the ability to provide public access
the applicant must demonstrate that all reasonable alternatives have been pursued,
including but not limited to:
(i) Providing “limited public access” to protect specific identified features or limiting
hours of use;
(ii) Designing separation of uses and activities (e.g. terracing, use of one-way glazing,
hedges, landscaping, etc.) to provide security for and protect adjacent sites from
unreasonable intrusions into their privacy; and
(iii) Providing for specific facilities for public visual access, including viewing platforms
that may be physically separated from the water’s edge. Viewing platforms shall be
utilized only if access adjacent to the water is not possible.
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(d) Public Access Easements: Access easements are required for all developments requiring a
Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline
Variance and shall meet the following standards:
(1) Size and Design: Public access easements along shorelines are to be waterward of
the Ordinary High Water Mark (OHWM) to allow for improved lateral beach
access and shall be a minimum of thirty (30) feet in width.
(2) Easements: Public access easements should connect to the nearest right-of-way
through an easement of no less than ten (10) feet.
(3) Minimum Width Exception: When the applicant demonstrates that undue hardship
would result from minimum width standards, easement width may be reduced only
to the minimum extent necessary to relieve the hardship.
(4) Recording: Public access easements and permit conditions shall be recorded on the
deed of title. Recording with the Kitsap County Auditor's Office shall occur prior
to permit approval.
(5) Signs: The sign(s) that indicate the public's right of access and hours of access shall
be constructed, installed and maintained by the property owner in conspicuous
locations at public access sites and at the nearest connection to an off-site public
right of way. These sign(s) shall identify the public right of access and hours of
access.
(6) Occupancy: Required public access sites shall be fully developed and available for
public use prior to occupancy of the use or activity.
(7) No diminution: Future actions by the applicant or other parties shall not diminish
the usefulness or value of the public access provided.
(e) View Corridor Requirements: View corridors shall apply to proposals within the shoreline
environment for multi-family and commercial development between Evergreen Park and the
Puget Sound Naval Shipyard and shall include the following:
(1) View Corridors are applicable only on sites with over 100 feet in width as
measured parallel to the shoreline.
(2) The View Corridor shall be no less than 20% of the building site width for
buildings equal to or less than 40 feet in height.
(3) The View Corridor shall be no less than 30% of the building site width for
buildings greater than 40 feet in height.
(4) View Corridors may contain structures no higher than 10 feet and may include
parking areas and landscaping, if topography permits.
(5) The Director, at their discretion, may require the view corridor to remain in one
continuous piece.
7.050 Water Quality, Stormwater, and Non-Point Pollution:
(a) Development within the City’s shoreline shall conform to all requirements of the most
current version of the Bremerton Stormwater Management Plan and the most current
Stormwater Management Manual for Western Washington.
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(b) The construction of new outfalls into water bodies and improvements to existing facilities
shall comply with all appropriate Federal, State, and City regulations for water quality.
(c) Pesticides applied using aerial spraying techniques within the shoreline jurisdiction,
including over water bodies or wetlands, shall be prohibited unless specifically permitted
under the Washington Departments of Agriculture and Ecology.
7.060 Archaeologically Sensitive Areas:
(a) The City will work with tribal, state, federal, and other local governments as appropriate to
identify significant cultural resources and local historical, cultural, and archaeological sites, in
observance of applicable state and federal laws protecting such information from general
public disclosure. Detailed cultural assessments may be required in areas with undocumented
resources based on the probability of the presence of cultural resources. For Shoreline Letters
of Exemption, Shoreline Substantial Development Permits, Shoreline Conditional Use
Permits, and Shoreline Variances, a minimum of 14 days notice will be provided to requesting
Tribal entities.
(b) Owners of property containing identified historical, cultural, or archaeological sites should
coordinate well in advance of application for development to assure that appropriate
agencies such as the Washington State Department of Archaeology and Historic
Preservation, the Suquamish Tribe Archaeology and Historic Preservation program, and
historic preservation groups have ample time to assess the site and identify the potential for
cultural resources.
(c) Upon receipt of an application for a development in an area of known cultural resources,
the City shall require a site assessment by a qualified professional archaeologist or historic
preservation professional and ensure review by qualified parties including the Washington
State Department of Archaeology and Historic Preservation, and the Suquamish Tribe
Archaeology and Historic Preservation Program.
(d) If historical, cultural, or archaeological materials, sites or artifacts are discovered in the process
of development, work on that portion of the site shall be stopped immediately, the site secured
and the find reported as soon as possible to the City. Upon notification of such find, the
property owner shall notify the Washington State Department of Archaeology and Historic
Preservation and the Suquamish Tribe Archaeology and Historic Preservation Program. The
reviewing official shall provide for a site investigation by a qualified professional and may
provide for avoidance, or conservation of the resources, in coordination with appropriate
agencies.
7.070 Lighting Requirements:
(a) Development proposals requiring a permit within shorelines shall include a lighting plan that
provides and or meets the following standards:
(1) The location of all outdoor lighting and building security lighting and associated
wattages;
(2) Pole heights shall not exceed 20 feet in height;
(3) Fixture designs for all outdoor lighting shall shield the source or bulb of the light; and
(4) A Photometric plan is required and shall not exceed a strength of 1 foot-candle at the
property lines or OHWM.
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(b) Where lighting is required for new streets, driveways or public access features, the lowest
level lighting possible shall be used.
(c) The lighting plan is required with the permit application and shall be reviewed as a
component of the shoreline permit.
7.080 Parking Requirements:
(a) Parking as a primary or stand-alone use shall not be permitted within the shorelines
jurisdiction of a property.
(b) Parking shall not be located between shorelines and development unless no other location is
feasible and it can be demonstrated that it will have no negative impact on ecological
functions.
(c) Parking facilities shall minimize the amount of impervious surface within the shoreline
jurisdiction and should not disrupt planned public access or habitat restoration
objectives.
(d) Required parking for a permitted use on shorelines shall not be permitted between the
development and the adjacent shoreline with the exception of parking that is required for
water-dependent uses. Loading and unloading zones that are an inherent element of a water-
dependent or a water-related use are allowed between the shoreline and the use area when it is
adjacent to the shoreline but, when feasible, should not be adjacent to a required buffer.
(e) Parking ratios for all uses within the shoreline shall follow BMC 20.48 parking standards.
The applicant may provide a parking analysis that demonstrates the parking need for the
use. This analysis shall include examples of other existing similar uses and how the parking
demand has been met in those locations and/or in other jurisdiction.
(f) When surface parking areas for permitted uses are designed and constructed, they shall
achieve the following objectives:
(1) Landscape screening around the perimeter and within the parking area to soften
edges and break up large parking areas;
(2) Implementation of Low Impact Development techniques for stormwater
management; and
(3) Located as far from a required shoreline or critical area buffer as possible.
7.090 Use and Modifications Matrix and Height Table:
(a) Use and Modifications Matrix: Figure 7.090 (a) determines which shoreline modifications
and shoreline uses are allowed or prohibited in each Shoreline Designation.
(1) Except for the land uses prohibited in this table, land uses allowed in the underlying zoning
are allowed in the Master Program, subject to the preference for water-oriented uses and
subject to specific criteria for uses included in these regulations. This chart is not
exhaustive of all uses addressed in the zoning code. When referring to unlisted uses, the
code is referring neither to uses listed here nor in the zoning code. If a use is prohibited in
the underlying zoning district, it is also prohibited within the shoreline.
(2) Aquatic Uses are determined by the adjacent Designation and are limited to water-
dependent uses and public access.
(3) Land uses in the underlying zoning that require a Conditional Use Permit, require a
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Shoreline Conditional Use Permit.
(4) Land uses are defined in BMC 20.42 the definitions section of the zoning code.
Shoreline activities are defined in the definitions section of this code.
(5) A use located within the “Isolated” designation shall not be governed by the
performance standards within SMP Chapter 7, General Standards and Regulations;
Chapter 8, Shoreline Use Regulations, or Chapter 9 Shoreline Modifications, however the
Director may determine the proposed development or use is clearly contrary to the intent
of this program, and relevant elements of this program may be applied. Development and
land use within this designation shall be governed by all other regulations of BMC Title 20
Land Use. The mandatory permit and procedural requirements of this program contained
in Chapter 5, Permit Administration, shall apply to said development or uses.
Figure 7.090 (a): Use and Modifications Matrix
KEY:
X= Prohibited
P= Permitted
CU= Conditional Use Urban Conservancy Single Family Low Density Residential Multi-Family Residential Recreation Commercial Downtown Waterfront Industrial Unlisted Uses: CU CU CU CU CU CU CU
UPLAND USES
Boat Sales, Storage and Repair X X X CU P P P
Commercial uses such as but not limited to:
general retail, general office, clinics,
restaurants, drinking places, personal services,
athletic fields, restaurants, community
facilities, and entertainment uses. (See Zoning
Code for specific allowed uses by zone)
X
X
X
X
P
P
P
Community, Cultural, Educational Facilities CU P P P P P X
Golf Courses X CU CU X X X X
Hotels and Lodging X X X X P P X
Industrial X X X X X X P
Worship and Religious Facilities X CU P CU P P X
PARKING, TRANSPORTATION & UTILITIES
Parking Serving Primary Use Within the
Shoreline Jurisdiction P P P P P P P
Parking Not Serving Primary Use Within the
Shoreline Jurisdiction X X X X CU CU CU
Transportation facilities that serve uses within
the shoreline P P P P P P P
Utilities that serve uses within the shoreline P P P P P P P
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KEY:
X= Prohibited
P= Permitted
CU= Conditional Use Urban Conservancy Single FamilyLow Density Residential Multi-Family Residential Recreation Commercial Downtown Waterfront Industrial RESIDENTIAL
Adult Family Homes, Daycare, & Bed
and Breakfasts CU P P X P P X
Commercial/Residential mixed X X P1 X P1 X P P X
Multi-Family Residential X X P P X P P X
Single Family Residential P P P P P P X
SHORELINE MODIFICATIONS (All uses must meet applicable code criteria see Ch. 9)
Boat Launch CU CU CU CU CU CU CU
Aquaculture (including commercial, non-
commercial, and geoduck) CU X X CU CU CU CU
Ecological Restoration / Enhancement P P P P P P P
Docks, Piers and Other In-Water Structures P P P P P P P
Dredging P P P P P P P
Flood Hazard Reduction P P P P P P P
Mooring Buoys P P P P P P P
Marinas CU CU CU CU CU CU CU
Stabilization - New and Replacement P P P P P P P
Stormwater Management Facilities P P P P P P P
RECREATION AND PUBLIC ACCESS
Recreation, Non-Water-Oriented CU CU CU CU CU CU CU
Recreation, Water-Oriented P P P P P P P
Trails, public pedestrian and bicycle not
including overwater trails P P P P P P P
OUTRIGHTLY PROHIBITED USES
Adult Entertainment X X X X X X X
Agriculture X X X X X X X
Automobile Sales Service & Repair X X X X X X X
Table Note: 1- A ground floor commercial use may be permitted if it is a water dependent or water-oriented use
(b) Height restrictions: Figure 7.090 (b) establishes the allowable height in each designation based
on the type of use. All the applicable City standards still apply. In the event the provisions of
this Program conflict with provisions of other regulations, the more restrictive shall prevail.
Height measurement is defined in Chapter 3.
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Figure 7.090 (b) Height Restrictions:
ENVIRONMENT DESIGNATION HEIGHT
Commercial 35 feet
Downtown Waterfront* 175 feet
Industrial 35 feet
Multi-Family Residential 40 feet
Over-Water Structures** (All Designations) 15 feet
Recreation 35 feet
Single Family Residential 30 -35 feet
Urban Conservancy 25 feet
Table Notes:
The height limit is restricted to that portion of the building physically located within the shoreline jurisdiction
* Heights in the Downtown Waterfront. Within the Mixed Use MFR 1 Waterfront Overlay Zone of the Downtown Subarea
plan, maximum height shall be calculated from an average of the existing grade on Washington Avenue from the front
property line of each parcel.
** Public Bridges. Height restrictions do not apply to public bridges; compliance with all other code provisions shall apply.
(1) Heights in the Commercial, Industrial, and Multi-Family designations may be increased
outright to the zoning district height limit pursuant to the following criteria:
(i) The increase does not substantially block views from a substantial number of upland
residential properties, per RCW 90.58.320.
(ii) Greater height is demonstrated to be needed for an essential element of an allowed
use.
(iii) The project may be required to include compensating elements that substantially
enhance the visual and physical public access to the shoreline.
(iv) It is demonstrated that No Net Loss of habitat function will be achieved.
(2) Single-Family Low Density Residential heights may be increased to 35’ with the
employment of a pitched roof when:
(i) The pitch of the roof is not less than 6:12
(ii)The pitched roof is oriented perpendicular to the shoreline. Minor gables or other
roof features parallel to the shoreline may be permitted on a case by case basis
provided such features do not extend past the pitched roof where views are intended
to be preserved.
(iii)The pitched roof covers the entire structure.
(3) Exceptions: The following structures listed below may be erected above the height
limits established in Figure 7.090 (b):
(i) Cranes, gantries, mobile conveyors and similar equipment necessary for the
functions of marinas, marine manufacturing, permitted commercial, industrial or port
activities and servicing vehicles.
(ii) Flagpoles or masts, transmission towers, chimneys, smokestacks, aerials or
stairwells, when part of a permitted use.
(iii) Belfries, monuments, spires or steeples, transmission towers, provided such
structures must be designed to minimize obstruction of views.
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Chapter 8 – Shoreline Use Regulations
8.010 – Intent
8.020 – Aquaculture
8.030 – Commercial Development
8.040 – Forest Practices
8.050 – Industrial Development
8.060 – Marinas and Boating Facilities
8.070 – Recreational Development
8.080 – Residential Development
8.090 – Roads, Railways, and Utilities
8.010 Intent:
The policies and regulations within this chapter shall apply to the specific common uses
and types of development to the extent they occur within the shoreline jurisdiction. These
policies and regulations are intended to achieve no net loss of shoreline ecological
function. Each use or development type includes a brief explanation and examples of the
subject use, policies which are intended to guide and interpret the accompanying
regulations, and then the regulations themselves.
8.020 Aquaculture:
(a) Aquaculture shall not be located in areas where it would result in the net loss of
ecological functions., especially in near-shore areas where water quality, aquatic
vegetation and co-occupying species habitats and migration corridors could be
impacted.
(b) Aquaculture shall meet all applicable State and Federal requirements including, but
not limited to: Federal Clean Water Act, Section 401, and the Washington State
Water Pollution Control Act (RCW 90.48), local health codes and the applicable
requirements of the Washington State Department of Fish and Wildlife for said
facilities.
(c) Aquaculture shall not be detrimental to visual access of the water body. Aquaculture
shall not significantly impact the aesthetic qualities of the shoreline.
(d) Aquaculture shall not significantly conflict with navigation.
(e) The proponent shall demonstrate that the proposed location is suitable for aquaculture
with little or no modification to the shoreline environment. Aquaculture shall not
displace native plant or animal communities important to the food chain, particularly
surf smelt spawning beaches, or areas important to the rearing of threatened or
endangered species.
(f) Aquaculture sites may be required to be separated from other aquaculture sites to
prevent cumulative impacts upon shoreline processes. Appropriate separation shall
be determined by the City in consultation with State and federal agencies, and tribal
interests, based upon attributes such as water body characteristics, drift cell patterns,
and upland development patterns.
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(g) Harvest activities shall be conducted in a manner that minimizes turbidity and the risk
of impacts to aquatic vegetation and the intertidal bed by complying with State water
quality standards and permit requirements. If a State water quality permit is not
required, harvest activities must utilize the following methods:
(1) Where water pumps are used, they must be placed on floating rafts and shall only
be temporarily anchored to ensure water depths that avoid grounding.
(2) Pump intakes shall be screened to minimize the capture of marine organisms.
(3) Harvest activities within fine-grained beaches that are susceptible to sediment
transport may be required to utilize sediment containment methods such as
fencing or cloth tubes.
(h) The installation of submerged or intertidal structures, or over-water structures shall be
allowed only when the applicant demonstrates that no alternative method of operation
is feasible and must comply with the view protection requirements below in
subsection (j).
(i) Navigational access must be guaranteed for floating or submerged aquaculture
structures. The applicant must provide evidence that the proposal will not interfere
with general navigation lanes and traffic and that all structures remain shoreward of
principal navigation channels.
(j) View Protection: Aquaculture structures and equipment, EXCEPT navigation aids,
shall be designed, operated, and maintained to blend into their surroundings through
the use of appropriate colors and materials.
(1) Over-water aquaculture structures shall be constructed of materials that blend in
with the shoreline environment.
(2) Storage of necessary tools and apparatus seaward of the OHWM shall be limited
to containers of not more than three feet in height, as measured from the surface
of the raft or dock; except as permitted through a variance.
(3) Materials which are not necessary for the immediate and regular operation of the
facility shall not be stored seaward of the OHWM.
(4) The applicant shall submit a visual impact analysis assessing the aesthetic, light,
and glare impacts on adjacent uses and may condition a project to mitigate
impacts or may deny a project if adverse impacts cannot be feasibly mitigated.
(k) Aquaculture development shall control nuisance factors, such as noise and odor, and
shall comply with all applicable regulations. No garbage, wastes or debris shall be
allowed to accumulate at the site of any aquaculture operation.
(l) Structures or activities associated with aquaculture that are not water-dependent, such
as an office, shall be located upland, away from the shoreline and shall comply with
all buffers and setback requirements.
(m) Equipment, structures, and material shall not be abandoned in the shoreline or
wetland area. The City may require that a bond be posted to help to ensure that this
regulation is implemented.
(n) All commercial aquaculture requires a Shoreline Conditional Use Permit. All new
commercial geoduck aquaculture or conversions from existing non-geoduck
aquaculture to geoduck aquaculture requires a Conditional Use Permit and will be
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administered consistent with WAC 173-26-241(3)(b)(ii), (iii), and (iv). Included with
the CUP application, a complete baseline description of existing conditions, including
characteristics of the water, substrate, vegetation and aquatic species, shall be
provided by the applicant. This analysis shall include a monitoring plan establishing
how the proposal will not negatively impact existing ecological functions.
(o) All aquaculture proposals shall comply with the public access requirements found in
SMP section 7.040.
(p) The applicant shall coordinate with the Suquamish Tribe regarding treaty rights to
ensure the proposal does not negatively impact the tribes Usual and Accustomed
areas.
8.030 Commercial Development:
(a) Priority of uses shall be in the following order: Water-dependent uses, water-related
uses, water-enjoyment uses, and non-water related uses.
(b) Water-dependent commercial development shall not interfere with or compromise the
operation of existing adjacent water-oriented development or decrease opportunities
for the general public to access adjacent shorelines.
(c) Water-related uses shall not be approved if they displace existing water-dependent
uses and must comply with the following:
(1) All water-related uses shall be reviewed to ensure that the use has a functional
requirement for a waterfront location, or the use provides a necessary service
supportive of the water-dependent uses, and/or the proximity of the use to its
customers makes its services less expensive and/or more convenient.
(2) Allowed water-related commercial uses shall be evaluated in terms of whether the
use facilitates a community wide interest, including increasing public access and
public recreational opportunities in the shoreline.
(d) Water-enjoyment uses may not be approved if they displace existing water-dependent
or water-related use. The applicant must demonstrate that the use will provide for the
public's ability to enjoy the physical and aesthetic qualities of the shoreline as a
primary characteristic of the proposal and must include the following:
(1) The water-enjoyment use must be open to the general public.
(2) The shoreline-oriented space within the project must be devoted to specifically
foster shoreline enjoyment for a substantial number of people.
(3) Development within 100 feet of the OHWM that incorporates water-enjoyment
use may not include non-water-oriented uses on the ground floor within 100’ of
the OHWM.
(e) Non-water-oriented uses can be located in the shoreline jurisdiction when:
(1) The site is physically separated from the shoreline by another private property or
a public right-of-way such that access for water-oriented use is precluded. Such
conditions must be lawfully established prior to the effective date of this Program.
(2) A site where navigability is severely limited.
(3) The developable portion of the site is physically separated from the shoreline in
such a way access is infeasible, or
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(4) The use is part of a mixed-use project that includes water-dependent uses; and
(5) In cases (2), (3 or (4) directly above, when the use provides significant public
benefit with respect to the objectives of the Act by:
(i) Restoring the ecological functions both in aquatic and upland environments
that provide native vegetation buffers as specified in SMP section 7.010 and
in accordance with the Restoration Element of this plan.
(ii) The balance of the water frontage not devoted to ecological restoration and
associated buffers shall be provided as public access where feasible.
(f) All development shall provide opportunities for the public to access the shoreline
adjacent to the subject use. Where public access has already been provided as part of
a prior project or action, the said use shall be designed and constructed to be oriented
towards the shoreline. (‘Oriented towards the shoreline’ means that the active space
for customers and passersby is facing or directed towards the shoreline. Active space
does not include service entries or load / unload areas.) Where physical access is
unfeasible, visual access is required.
(g) Parking shall be upland of the associated use whenever possible, and located,
designed and screened so as to have minimum visual impact.
(h) When parking or circulation elements must be located adjacent to the shoreline, they
shall be designed to enable pedestrian access to and along the shoreline.
(i) All development shall implement a range of Low Impact Development techniques as
feasible to minimize the impacts on riparian, near-shore and upland areas.
8.040 Forest Practices:
(a) A forest practice that only involves timber harvesting is not a development under
the Act and does not require a substantial development permit or a shoreline
exemption. A forest practice that includes activities other than timber cutting may
be a development under the Act and may require a substantial development
permit, as required by WAC 222-50-020.
(b) Conversion of forested areas to urban development shall implement the mitigation
sequencing as specified in SMP section 7.030.
(c) Forest practices for the sole purpose of timber harvesting shall not be allowed in the
shoreline jurisdiction, except within the City Watershed and City Utility Lands.
(d) Any forest practice activity on shorelines of statewide significance shall comply with
RCW 90.58.150.
8.050 Industrial Development:
(a) Water-dependent and water-related industrial development shall not degrade the
ecological function of the shorelines or disrupt existing or proposed public access
amenities.
(b) Water-dependent development shall not interfere with or compromise the operation of
existing adjacent water-oriented development or decrease opportunities for the
general public to access adjacent shorelines.
(c) Industrial uses proposed over the water shall be limited to water-dependent uses,
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limited to the smallest feasible dimensions and shall require a Conditional Use
Permit.
(d) Non-water-oriented uses may be located in the shoreline jurisdiction when:
(1) The site is physically separated from the shoreline by another private property or
a public right-of-way such that access for water-oriented use is precluded. Such
conditions must be lawfully established prior to the effective date of this Program.
(2) A site where navigability is severely limited.
(3) The developable portion of the site is physically separated from the shoreline in
such a way access is infeasible or
(4) The use is part of a mixed-use project that includes water-dependent uses; and
(5) In all cases (2), (3) and (4) directly above, when the use provides significant
public benefit with respect to the objectives of the Act by:
(i) Restoring the ecological functions both in aquatic and upland environments
that provide native vegetation buffers as specified in SMP section 7.010 and
in accordance with the Restoration Element of this plan.
(ii) The balance of the water frontage not devoted to ecological restoration and
associated buffers shall be provided as public access where feasible.
(e) Water-dependent and water-related industrial uses shall provide public access to the
shoreline per the standards in SMP section 7.040 provided said access does not
compromise the integrity or operation of the use, does not threaten the safety and
welfare of the general public, does not interfere with an existing adjacent use and
does not compromise existing ecological functions.
(1) If a property is a designated EPA Superfund site, it may be considered
exempt from public access requirements.
(f) Any type of industrial development on shorelines shall implement a range of Low
Impact Development techniques to minimize the impacts on riparian and near-shore
environments and upland areas.
(g) Areas between industrial development and adjacent land uses and public access areas
shall be located and landscaped so as to provide a transitional area as required for
visual landscaped screening in BMC 20.50.050.
(h) Ports with water-dependent and/or water-related uses shall also comply with the
sections in this Master Program including, but not limited to: Transportation
Facilities; Utilities; Water Access and Moorage Facilities.
(i) Only water-dependent features shall be located on the shoreline within the buffer. All
other features associated to an industrial use including, but not limited to waste
treatment facilities, utilities, and transportation facilities not associated with water
dependent elements of industrial shall be located as far away from the water's edge
and recreational beaches as practical and must meet setbacks and buffers.
(j) Outdoor storage is prohibited within shoreline jurisdiction, except by approval of a
Shoreline Conditional Use permit. The applicant must demonstrate that the exterior
storage is essential to the use and will not significantly impact shoreline views.
(k) All proposed uses shall demonstrate that no spill or discharge to surface waters will
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result. The application must include a specific program to contain and clean up spills
or discharges of pollutants associated with the activity.
(l) Offshore log storage shall be allowed only to serve a processing use and shall be
located where:
(1) Water depth is sufficient without dredging; and
(2) Water circulation is adequate to disperse polluting wastes; and
(3) Log storage will not provide habitat for salmonid predators.
(m) If a property is designated an EPA Superfund Site, shoreline armoring may be utilized
as a means to prevent chemicals from leaching into the waterbody.
8.060 Marinas and Boating Facilities:
(a) Boating facilities shall be designed to provide opportunities for aquatic ecological
functions to establish and succeed. In order to do so, boating facilities shall be
designed and located in areas that are previously disturbed or where impacts to
existing ecological function can be avoided or minimized.
(b) Boating facilities should be managed consistent with the Department of Ecology
document titled “Resource Manual for Pollution Prevention in Marinas,” May 1998,
Revised August 2009, Publication #9811.
(c) Dry upland boat storage is preferred rather than over-water facilities in order to
protect shoreline ecological functions, efficiently use shoreline space, and minimize
consumption of public water surface areas unless:
(1) No suitable upland locations exist for such facilities, or
(2) It is demonstrated that wet moorage would result in fewer impacts to ecological
functions, or
(3) It is demonstrated that wet moorage would enhance public use of the shoreline.
(d) New or expanded marinas shall be permitted only when the applicant has
demonstrated that a specific need exists and there is not adequate supply in current
facilities, permitted facilities, or facilities planned by public agencies, including Port
Districts. Consideration of facilities shall include boat launching facilities and upland
boat storage for smaller boats.
(e) Marinas shall be permitted only on sites where it is demonstrated that:
(1) That they will not result in a net loss of ecological functions and specifically will
not interfere with natural geomorphic processes including delta formation, water
quality; water circulation and flushing or adversely affect native and anadromous
fish.
(2) Shoreline armoring is not required.
(3) Future dredging is not required to accommodate navigability.
(4) Shallow water embayments with poor flushing action or areas with extensive
tidelands should not be considered.
(f) Breakwaters constructed for protection of boating facilities shall be designed to allow
public access along the top, where feasible. Pile or floating breakwater designs shall
be used unless the proponent demonstrates that there are specific safety
considerations that warrant alternative approaches. A Conditional Use Permit shall
be required for any boating facility that utilizes any construction other than piles or
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floating breakwaters.
(g) Accessory uses at boating facilities shall be limited to those which are water-
dependent, necessary for operation, or which provide physical or visual shoreline
access to substantial numbers of the general public. Accessory uses shall be
consistent in scale and intensity with surrounding boating uses.
(h) New covered moorage is prohibited. Removal of existing covered moorage may be
required as a condition of expansion or reconstruction of existing boating facilities.
(i) Extended moorage is restricted on waters of the State except as allowed by applicable
State regulations and unless a lease or permission is obtained from the State.
(j) Boating facilities shall be permitted only when it is demonstrated that:
(1) A specific need exists and there is not adequate supply in current facilities,
permitted facilities, or facilities planned by public agencies, including Port
Districts.
(2) They will not result in a net loss of ecological functions and specifically will not
interfere with natural geomorphic processes including processes including
erosion, transport, and deposition of materials, water quality and adverse impacts
on aquatic species. Areas with extensive tidelands should not be considered
(3) They are served by adequate access over a public road that will not adversely
impact residential uses; shall provide adequate on-site parking, including trailer
parking, to assure that parking spillover does not occur on adjacent streets and
uses; and shall be served by adequate utilities and public facilities, including
restrooms.
(4) Over water facilities, such as docks, shall be limited to the size and configuration
needed to serve the boat launch function.
(k) Application Materials: The following must be adequately addressed with the permit
application submittal for a boating facility:
(1) Provide adequate onsite parking as provided in BMC 20.48 and SMP
section 7.080.
(2) Provide adequate Utilities,
(3) Address existing adjacent water-oriented uses, ensure new structures will not
impact such uses.
(4) Provide documentation showing that the use will not impair block or introduce a
hazard to existing or potential public access along beaches.
(5) Ensure the use will not unreasonably impair shoreline views from upland
residences and adjacent uses.
(6) Include multiple uses such as dock fishing, boat lunching, and wet dry boat
storage, and hand carry craft storage, as applicable for the boating facilities size
and scope.
(7) For marinas over forty (40) slips pump-out, holding, and waste treatment facilities
and services shall be provided.
(8) Provide public access as outlined in SMP section 7.040. A public access plan is
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required and must address both visual and physical access and may be required to
provide the following:
(i) All marinas using public aquatic lands shall provide public access over at
least twenty (20) percent of structures over aquatic lands, not including
individual slips.
(ii) Public restroom facilities shall be provided on marinas with more than 40
slips.
(9) Address operational procedures for fuel handling and storage in order to minimize
accidental spillage and to provide satisfactory means for handling spills that may
occur.
8.070 Recreational Development:
(a) Water-oriented recreation facilities shall be located and designed such that there is no
net loss of shoreline ecological function.
(b) Recreation activities are allowed when they do not displace water-dependent uses
and are consistent with existing water-related and water-enjoyment uses. State-owned
shorelines shall be recognized as particularly adapted to providing wilderness
beaches, ecological study areas, and other recreational uses for the public in
accordance with RCW 90.58.100(4).
(c) Development of water-oriented recreation facilities shall comply with the mitigation
sequencing specified in SMP section 7.030.
(d) Development of recreation facilities shall implement, where applicable, the elements
within the City of Bremerton Park, Recreation and Open Space Plan.
(e) Recreational development shall be oriented towards the shoreline and shall provide
the maximum possible amount of public access to the shoreline as follows:
(1) Water-dependent recreation such as fishing, swimming, boating, and wading
should be located on the shoreline.
(2) Water-related recreation as picnicking, hiking, and walking should be located near
the shoreline.
(3) Non-water-related recreation facilities shall be located inland. Recreational
facilities with large grass areas, such as golf courses and playing fields, and
facilities with extensive impervious surfaces shall observe critical area buffers and
vegetation conservation standards providing for native vegetation buffer areas
along the shoreline.
(f) New over-water structures for recreation use shall be allowed only when:
(1) They allow opportunities for substantial numbers of people to enjoy the shorelines
of the state.
(2) They are not located in or adjacent to areas of exceptional ecological sensitivity,
especially aquatic and wildlife habitat areas.
(3) They are integrated with other public access features, particularly when they
provide limited opportunities to approach the water’s edge in areas where public
access is set back to protect sensitive ecological features at the water’s edge.
(4) No net loss of ecological functions will be achieved.
(5) The specific location and design is approved as a Shoreline Conditional Use.
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(g) Location and design of recreation facilities shall meet the following criteria:
(1) The development shall provide parking and other necessary facilities to handle the
designed public use.
(2) Accessory facilities, such as restrooms, recreational halls and gymnasiums,
commercial services, access roads and parking areas, shall be set back from the
OHWM and shall meet buffers unless it can be shown that such facilities are
shoreline dependent. These areas may be linked to the shoreline by pedestrian
walkways.
(3) The development shall be located and designed to minimize detrimental impact
on existing and planned use of nearby property.
(4) The proposal will not create a net loss of ecological functions.
(h) Street-end parks, where developed to serve community needs, shall be limited to
walking on the beach, carry craft boat launching, waterfront viewing, swimming, or
fishing, and shall be designed so as not to interfere with privacy of adjacent
residential uses.
(i) Private recreation uses and facilities that exclude the public from public aquatic lands
are permitted only when the following additional criteria are met:
(1) Reasonable public access shall be provided to the shoreline at no fee for sites
providing recreational uses that are fee supported, including access along the
water's edge where appropriate. In the case of facilities on public aquatic lands,
no-fee access shall be provided to the public in common with any private use.
(2) The development is located and designed to have no substantial detrimental
impact on existing and planned use of nearby property.
(j) Motorized vehicular access including the use of all-terrain and off-road vehicles in
the shoreline area is prohibited, EXCEPT for boat launching and maintenance
activities and EXCEPT where specific areas for such use are set aside and controlled,
and then only when it can be demonstrated that demand is sufficient to warrant such
activity. Provided that the exceptions above shall not apply to beaches, bars, spits,
and streambeds.
(k) Signs indicating the public's right of access to shoreline areas shall be installed and
maintained in conspicuous locations at the point of access and the entrance.
8.080 Residential Development:
(a) Single Family Use Priority: Single family residential development is a priority use
on the shoreline when developed in a manner consistent with control of pollution and
prevention of damage to the natural environment
(b) Multi-Family Use Priority: Multi-family residential use is not a priority for location
on the shoreline under the Shoreline Management Act and is subject to the preference
for water-dependent and water-oriented use and must provide for meeting the
requirements for ecological productivity and public access.
(c) Water-Dependent Use Priority: Multi-family development may not be approved if
it displaces existing water-dependent uses. Multi-family development is preferred as
part of mixed used development including water-dependent, water-related and water-
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enjoyment use. Multi-family development uses may be permitted only where it
provides significant public benefit with respect to the objectives of the Act by:
(1) Restoration of ecological functions, both in aquatic and upland environments,
shall provide native vegetation buffers according to the standards provided for
critical areas or in accordance with the Restoration Element of this document.
(2) Provision of public access in accordance with SMP section 7.040- Public
Access.
(d) Over-Water Homes: Over-water residences and floating homes are prohibited.
Existing floating on-water residences legally established and moored within a marina
within the City of Bremerton prior to July 1, 2014 are considered a conforming use and
should be accommodated through reasonable permit conditions, or mitigation that will
not effectively preclude maintenance, repair, replacement, and remodeling of existing
floating on-water residences and their moorages by rendering these actions
impracticable.
(e) Shore Stabilization: New residential development shall not require shoreline
stabilization. Prior to approval, a qualified professional must provide a site analysis
establishing that shoreline stabilization is unlikely to be necessary for each new lot to
support intended development during the life of the development.
(f) Fills: New residential development shall meet all critical area provisions of this
program. Filling of, or into, water bodies or their associated wetlands for the purpose
of subdivision or multi-family construction shall not be permitted.
(g) Public Access: Residential developments, including subdivisions, and planned unit
developments, of five (5) or more lots/units shall provide "improved public access"
for all residents of the development and the general public, in compliance with public
access standards contained in SMP section 7.040 - Public Access.
(h) Private Docks: All new subdivisions shall record a prohibition on new private
individual docks on the face of the plat in accordance with SMP section 9.030 -
Docks, Piers, and In-Water Structures. An area reserved for shared moorage may be
designated if it meets all requirements of this Program.
(i) Low Impact Development: Residential development shall be designed to minimize
the amount of impervious area and shall utilize Low Impact Development techniques
to the greatest extent feasible (e.g., permeable pavers, stormwater infiltration and
filtration).
(j) Residential Subdivision: All subdivisions that create a new lot on the shoreline shall
comply with applicable standard shoreline buffer and setbacks. In all cases, all new
lots on the shoreline shall fully populate the standard buffer area with native
vegetation, however, planting may be accomplished after final plat at the time the lot
is developed; in these instances conditions shall be placed on the face of the recorded
final subdivision document specifying conditions of approval.
(k) Application Requirements: Applications for development of subdivisions and multi-
family developments shall include the following information (at minimum) in
addition to other submittal requirements:
(1) Details (graphic and textual) of any proposed alteration in the natural character of
the shoreline;
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(2) Provisions for lot owner or occupant access to the water body;
(3) Provisions for public access to the water body.
8.090 Roads, Railways, and Utilities:
(a) Ecological Function: New roadways, utilities and railways shall mitigate their
impacts such that the result is a no net loss of shoreline ecological function.
(b) Location Priority: New or substantially expanded roads, railroads and bridges may
be located within shoreline jurisdiction only if:
(1) The facility is needed within the shoreline jurisdiction to support permitted
shoreline activities.
(2) No feasible upland alternative exists based on analysis of system options that
assess the potential for alternative routes outside shoreline jurisdiction or set
back further from the land/water interface.
(c) Transportation Facilities: Transportation facilities shall be located and designed to
avoid significant natural, historic, archaeological or cultural sites to the maximum
extent feasible, and mitigate unavoidable impacts to result in no net loss of ecological
processes and functions.
(d) Design Criteria: Where permitted, transportation facilities shall meet the following
design criteria:
(1) Roads, railroads, and bridges shall cross the shoreline area by the shortest most
direct route, unless such route would cause substantial environmental damage.
(2) The project shall be located and designed to fit the existing topography as much
as possible, thus minimizing alterations to the natural environment.
(3) Facilities located within critical areas, particularly in wetlands areas, should be
designed to avoid the resource and may be permitted only if in compliance with
standards for those areas.
(4) Construction of facilities shall be designed to protect the shoreline against
erosion, uncontrolled or polluting drainage and other factors detrimental to the
environment, both during and after construction.
(5) All debris, cut and fill material, overburden, and other waste materials from
construction shall be disposed of in such a way as to prevent their entry by
erosion from drainage into any water body.
(6) Facilities shall provide for passage of high flows, flood waters, debris, fish
passage, and wildlife movement by providing bridges with the longest span
feasible and the greatest height feasible. When bridges are not feasible, culverts
or other features shall be utilized that are large enough to provide for these
functions.
(7) The project shall provide the minimum width and length of travel-way for
vehicles and provide facilities for safe pedestrian and other non-motorized travel
along all public integrated with trail and bicycle systems along shorelines to the
maximum extent feasible. When public roads will afford scenic vistas, viewpoint
areas shall be provided.
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(8) New roadways should be designed and constructed to implement Low Impact
Development techniques.
(9) Landscape planting is required along all shoreline roads, parking, and turnout
facilities to:
(i) Provide buffers between pedestrian and auto users;
(ii) Enhance the shoreline driving experience; and
(iii) Enhance and complement potential views of shoreline areas.
(10) Height restrictions do not apply to public bridges. Compliance with all other
code provisions shall apply.
(e) Unused ROW: The City should retain abandoned or unused road or railroad
rights-of-way for public access to and/or along the water to improve public
shoreline access.
(f) Road Ends: Road ends abutting water bodies shall be reviewed for potential use and
development for public access to the water, and be incorporated into the City's
Comprehensive Public Access Plan as appropriate.
(g) Vacations: The City shall not vacate any public right-of-way in a shoreline location
until adopting a Comprehensive Public Access plan for the area showing that the
subject right-of-way cannot be used as a contributing element in that plan. The City
shall vacate public right-of-way abutting a body of salt or fresh water only in
compliance with RCW 35.79.035 which allows vacations of streets abutting bodies of
water pursuant to state law criteria, or as amended.
(h) Utility Location Criteria: New or substantially expanded utilities may be located
within shoreline jurisdiction only if:
(1) The facility is needed within the shoreline jurisdiction to support permitted
shoreline activities;
(2) No feasible upland alternative exists based on analysis of system options
that assess the potential for alternative routes outside shoreline jurisdiction
or is set back further from the land/water interface; and
(3) Facilities will not degrade or obstruct scenic views.
(i) Utilities: Utilities shall be located and designed to avoid significant natural, historic,
archaeological or cultural sites to the maximum extent feasible, and mitigate
unavoidable impacts to result in no net loss of ecological processes and functions.
(j) Utility Design Criteria: Utilities, where permitted, shall meet the following design
criteria:
(1) Facilities should occupy as little of the shoreline as feasible. Utility installation
parallel to the shoreline should be avoided to the maximum extent feasible.
Utilities shall cross the shoreline area by the shortest most direct route, unless
such route would cause substantial environmental damage.
(2) Utilities shall be located and designed to fit the existing topography as much as
possible, thus minimizing alterations to the natural environment.
(3) Facilities shall be located and designed to minimize obstruction of scenic views.
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(4) Utility crossings of water bodies shall be attached to bridges or located in other
existing facilities, if feasible. If new installations are required to cross water
bodies or wetlands, they should avoid disturbing banks and streambeds and shall
be designed to avoid the need for shoreline stabilization. Crossings shall be
tunneled or bored where feasible. Installations shall be deep enough to avoid
failures or need for protection due to exposure due to stream bed mobilization,
aggregation or lateral migration. Underwater utilities shall be placed in a sleeve if
feasible to avoid the need for excavation in the event of the need for maintenance
or replacement.
(k) Architectural Compatibility: Facilities involving buildings, such as pump stations,
electrical substation, or other facilities, shall be architecturally compatible and
landscaped to assure compatibility with natural features, public access facilities, and
adjacent uses.
(l) Construction Practices: Construction shall be designed to protect the shoreline
against erosion, uncontrolled or polluting drainage and other factors detrimental to the
environment, both during and after construction.
(m) Easements: Access easements to utility installations shall be no wider than needed to
construct, maintain, or repair the utility.
(n) Public Access: Utility development shall provide for compatible, multiple use of
sites and rights-of-way through coordination with local government agencies. Such
uses include shoreline access points, trail systems, and other forms of recreation and
transportation, providing that public access will not unduly interfere with utility
operations, endangers public health and safety, or create a significant and
disproportionate liability for the owner.
(o) Landscape Restoration: Upon completion of installation of projects on shorelines,
disturbed non-impervious areas shall be restored to pre-project configuration,
replanted with native species, and provided maintenance care until the newly planted
vegetation is established. A landscape restoration plan is required.
(p) Storm Drainage/Sewer Outfalls: Storm drainage and sewer outfalls are encouraged
to locate beyond the extreme low tide line/mean low lower water. However, at the
discretion of Director on a case-by-case basis storm facilities may locate above the
extreme low tide line in order to mitigate maintenance and sediment infill for the
City. In addition, storm drainage and sewer outfalls must be located to avoid and
minimize impacts to submerged aquatic vegetation, forage fish spawning beds, and
shellfish beds. If this provision cannot be met, the applicant will demonstrate that
alternatives with less to no impact on aquatic vegetation and shellfish beds are not
feasible due to design constraints.
(q) Applications: All applications for installation of utility facilities shall include the
following information prepared by a qualified professional:
(1) Reason why facility must be located in a shoreline area;
(2) Alternative locations considered, including the feasibility of location within
existing utility right-of-way, and reasons for their rejection;
(3) Location of other facilities near the proposed project and if the location is to
include other types of facilities;
(4) Proposed method of construction and plans to control erosion and turbidity during
construction;
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(5) Plans for reclamation of areas disturbed during construction;
(6) Any other information deemed necessary.
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Chapter 9 – Shoreline Modifications
9.010 – Intent
9.020 – Clearing and Grading
9.030 – Docks, Piers, and In-Water structures
9.040 – Dredging
9.050 – Flood Hazard Reduction
9.060 – Landfills
9.070 – Restoration and Conservation
9.080 – Shoreline Stabilization
9.090 – Stormwater Management Facilities
9.010 Intent:
These policies and regulations relate to land use proposals that are typically accessory
and in support of primary land uses. Shoreline modifications should ensure no net loss of
ecological functions and should be as natural as feasible.
9.020 Clearing and Grading:
(a) Clearing, grading, and shoreline native vegetation protection and removal
shall comply with the standards in the general standards section (Chapter 7).
(b) Disturbance to soils shall adhere to the following standards:
(1) Land clearing, filling, and grading activities that are associated with a permitted
use below the OHWM shall be allowed only between May 1 and October 1
unless the City or Department of Fish and Wildlife extends or shortens the
allowable work window per BMC 20.14.700, which requires shoreline erosion
control measures according to an approved report prepared by a qualified
professional.
(2) Filling or grading including excavation within or modification to a critical area
is permitted only as part of an approved activity subject to the applicable
requirements within this Title.
(3) The soil duff layer (the matted, partly decomposed organic surface layer of
forest soils) shall remain undisturbed to the maximum extent possible. Where
feasible any soil disturbed shall be redistributed to other areas of the project site.
(4) The moisture holding capacity of the topsoil layer shall be maintained by
minimizing soil compaction or reestablishing natural soil structure and infiltration
capacity on all areas of the project area not covered by impervious surfaces.
(5) Erosion control shall comply with the requirements in BMC 15.04.
9.030 Docks, Piers, and Other In-Water Structures:
(a) Ecological Function:
(1) New in-water structures shall be designed and constructed such that the result is
no net loss of shoreline ecological function. New in-water structures shall not
adversely affect hydrologic function, ability for light to penetrate within the
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photic zone, sediment transport and water-circulation patterns.
(2) Piers and docks, including those accessory to single-family residences, shall be
designed and constructed to avoid, or if that is not possible, to minimize and
mitigate the impacts to ecological functions, critical areas resources such as
eelgrass beds and fish habitats and processes such as currents and littoral drift.
(3) Creosote, arsenic and pentachlorophenol treated materials used for in-water
structures shall be prohibited.
(b) Light Penetration: All piers, docks and bridges must achieve light penetration by
grating or other means unless it would pose a public safety or environmental risk, as
follows:
(1) Grating must be provided over at least (40%) forty percent of the pier or float area
and must be provided over at least 60 percent of the structure(s) within 30 feet of
the OHWM. Areas blocked by objects underneath, such as floatation devices
shall not be counted toward the 40% forty percent total.
(2) Grating must have at least 60 percent open area. The grating must be oriented to
maximize the amount of light passage. This can be accomplished by orienting
the lengthwise direction of the grate openings in the east-west direction.
(3) To ensure that light transmission is not impeded, grating must not be covered or
blocked (on the surface or underneath) with any objects, such as, but not limited
to buildings, planters, storage sheds or boxes, nets, carpets, boards, tables, lawn
furniture, traction devices or other items that will block sunlight.
(4) Light penetration standards do not apply to public bridges.
(c) Navigation:
(1) In-water structures shall not impair or obstruct existing navigation channels or
the public’s use of surface water or shoreline areas as required by the Coast
Guard.
(2) Piers, docks and moorage shall be prohibited where navigation may be
impaired significantly at entrances to bays, channels, or coves. Piers and docks
are prohibited in the channel between Ostrich Bay and Oyster Bay, as depicted
in SMP section 4.020 map M. In addition, to protect sensitive aquatic
environment, docks and piers are prohibited within the Aquatic Conservancy
designation (mooring buoys are not prohibited).
(3) Piers and docks shall project the minimum distance necessary to service the
appurtenant vessels and shall not create a hazard to navigation. When State
harbor lines have been designated, piers and docks shall be located shoreward
of the outer harbor line.
(d) Use Priority: New in water structures shall be allowed only for water-dependent
uses, and public access. Water-related and water-enjoyment uses may be allowed
as part of mixed-use development on over-water structures where they are clearly
auxiliary to and in support of water-dependent uses, provided the minimum size
requirement needed to meet the water-dependent use is not violated.
(e) Joint Use: Joint-use facilities are preferred over new single use piers, docks and
floats. Easements ensuring adequate access for all users of the joint-use facility shall
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be required and recorded with the Kitsap County Auditor. In order to develop new
moorage, an applicant must demonstrate that existing facilities (public and private
marinas or shared moorage) are not reasonably available to meet demand. In cases
where new moorage is approved, multiple use and/or expansion of existing piers,
wharfs and docks may be required (in lieu of the proliferation of new facilities) in
order to minimize the consumption of limited shoreline resources and cumulative
impacts on ecological resources.
(f) Subdivisions: New subdivisions with shoreline frontage shall provide community
or shared docks if any docks are proposed. New subdivisions shall contain a
restriction on the face of the plat prohibiting individual docks. A site for community
or shared moorage shall be designated on the plat and owned in undivided interest
by property owners within the subdivision. Shared moorage facilities shall be
available to property owners in the subdivision for community access and may be
required to provide public access depending on the scale of the facility. Approval
shall be subject to the following criteria:
(1) The applicant shall demonstrate that there is no reasonably available public
or private moorage that can serve the moorage needs of the subdivision.
(2) Shared moorage to serve new development shall be limited to the amount of
moorage needed to serve lots with water frontage. One moorage space per lot
may not be presumed.
(3) Development of more than one dock shall include documentation that a
single dock would not accommodate the need or that adverse impacts on
ecological functions would result from the size of dock required.
(4) The size of a dock must consider the use of mooring buoys for some or all
moorage needs and the use of all or part of the dock to allow tender access
to mooring buoys.
(5) Public access shall be provided in association with all shared docks
utilizing public aquatic lands that accommodate five (5) or more vessels.
(6) If a community or shared dock is not developed at the time of subdivision, a
community association shall be established with the authority to levy
assessments within the subdivision to construct and maintain a community dock
in the future. The failure of a subdivision to develop a community or shared dock
shall not affect the prohibition on individual docks.
(g) Commercial & Industrial Docks: Permits for docks or piers serving single
commercial or industrial enterprises shall not be granted unless it is demonstrated
that the facility serves a water-dependent use and adjacent commercial and/or
industrial enterprises are not willing to cooperatively develop a joint-use facility.
(1) Non-Residential Piers and Docks shall be the minimum size feasible to serve
the proposed water-dependent use.
(h) Multi-Family & Commercial Moorage: Multi-family residences, hotels, motels,
and other commercial developments proposing to provide moorage facilities shall
meet the criteria for a marina. Use of the moorage must be open to the general public
on the same basis as residents or occupants and shall provide public access. If
approved, no more than one joint-use moorage facility may be provided.
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(i) Single Family Docks: No more than one (1) private noncommercial single-use dock
is permitted per platted shoreline lot or un-platted shoreline tract on a residentially
designated area (this does not apply to subdivisions approved on or after the
adoption date of this code; for such subdivisions see subsection f, above). The dock
must be designed and intended as a facility for access to watercraft. An applicant
shall demonstrate that:
(1) A mooring buoy is not feasible to provide moorage. A mooring buoy may be
approved in conjunction with an individual or shared tender dock to provide
small boat access to the buoy.
(2) There is no shared moorage available, and there is no homeowners
association or other corporate entity capable of developing shared moorage.
(j) Single Family Dock Size Limitations: Residential piers and/or docks shall be
limited to the minimum necessary to meet the need for moorage and are limited to
the following sizes:
(1) Length: Maximum length of a residential pier or dock shall be the minimum
necessary to accomplish moorage for the intended boating uses, and shall be only
so long as to obtain a depth of ten (10) feet of water as measured at Mean Lower
Low Water Line (MLLW) in marine shorelines or as measured at Ordinary High
Water (OHWM) in fresh water shorelines. Any dock proposed to be sixty (60)
feet in length or greater must demonstrate that a mooring buoy in conjunction
with a shorter tender dock to provide small boat access to the buoy is not feasible.
(2) Width:
(i) The Landing area, particularly over shallower areas, should be built in the
north-south direction, if at all possible to avoid shading effects that would
occur with east-west orientation.
(ii) The float shall have a maximum width of eight (8) feet. Single Use floats
shall be no longer than thirty (30) feet. Joint Use floats shall be no longer
than sixty (60) feet.
(iii) Pier or walkway maximum width: Four (4) feet;
(k) Community Piers and Docks Size Limitations:
(1) Maximum Width and Length: To be determined by the City on a case-by-case
basis based on the minimum dimensions feasible.
(2) Density: No more than one (1) forty foot (40') moorage space per dwelling unit
or lot with direct shoreline frontage.
(l) Public Piers and Docks Size Limitations:
(1) Maximum Width and Length: To be determined by the City on a case-by-case
basis based on the minimum dimensions feasible.
(m) Side Yard Setbacks: Docks shall be set back a minimum of ten (10) feet from side
property lines. Exception: Community piers and docks may be located adjacent to or
upon a side property line when mutually agreed to by contract/covenant with the
owners of the adjacent property, a copy of which must be recorded with the County
Auditor and filed with the application for permit.
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(n) Floats & Buoys: Recreation floats and mooring buoys shall be located no further
seaward than existing floats and mooring buoys or no further seaward than
necessary to achieve minimum feasible depths and shall be readily discernible under
normal conditions to the unaided eye at a minimum distance of 100 yards. The size
and design must comply with the following:
(1) Floats must be built so that the deck surface is no more than two (2) feet
above the water's surface and must have reflectors for nighttime visibility.
(2) Single property owner recreational floats shall be no larger than sixty-four
(64) square feet.
(3) Joint-use floats shall be no larger than ninety-six (96) square feet.
(o) Marine Rails: Boat launching ramps and marine railways shall be designed as to
not obstruct longshore drift. Residential launch ramps or marine railways are
prohibited.
9.040 Dredging:
(a) Dredging and dredge material disposal shall be done in a manner which avoids
or minimizes significant ecological impacts. When impacts cannot be avoided
they should be mitigated in a manner that assures no net loss of shoreline
ecological functions.
(b) New development shall be sited and designed to avoid or, if that is not possible,
to minimize the need for new and maintenance dredging.
(c) Dredging for the purpose of establishing, expanding, relocating or reconfiguring
navigation channels and basins shall be allowed where necessary for assuring safe
and efficient accommodation of existing navigational uses, and then only when
significant ecological impacts are minimized and mitigation is provided.
Maintenance dredging of established navigation channels and basins shall be
permitted only to the limits originally allowed.
(d) Dredging waterward of the ordinary high-water mark for the primary purpose of
obtaining fill material shall be prohibited, except when the material is necessary
for the restoration of ecological functions. In this case the project must be either
associated with a Model Toxics Control Act or a Comprehensive Environmental
Response Compensation Liability Act remediation project, or a habitat restoration
project approved through a Shoreline Conditional Use Permit.
(e) Dredging spoils shall be deposited upland if feasible, and measures taken
to prevent erosion of the deposited material. If the deposit area is on the
shoreline, a vegetation inventory and restoration shall be required, consistent
with the vegetation conservation and critical areas regulations of the Master
Program.
(f) Spoil deposit sites in water areas shall be identified with the cooperation of the State
Departments of Natural Resources, and the Department of Fish and Wildlife U.S.
Army Corp of Engineers, and Suquamish Tribe. Depositing of dredge materials in
water areas shall be allowed only for habitat improvement, to correct existing
problems of material distribution adversely affecting fish and shellfish resources, or
where the alternatives of depositing materials on land is more detrimental to
shoreline resources than depositing it in water areas.
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(g) Disposal of dredge material on shorelands or wetlands within a river's channel
migration zone shall be discouraged. In the limited instances where it is allowed,
such disposal shall require a Shoreline Conditional Use Permit.
(h) All applications for dredging shall provide the following information prepared by
a qualified professional and any other information deemed necessary:
(1) An analysis of material to be dredged;
(2) Time of dredging;
(3) Method of dredging and disposal;
(4) Location and stability of bedlands adjacent to proposed dredging area;
(5) Ecological processes and functions affected by the proposed dredging;
(6) Location, size, capacity, physical and ecologic characteristics of spoils
disposal area.
9.050 Flood Hazard Reduction:
(a) Flood control works shall be permitted only when it is demonstrated by
engineering and scientific evaluation by qualified professionals that:
(1) They are necessary to protect health/safety and/or existing development;
(2) Non-structural flood hazard reduction measures are infeasible; and
(3) Measures are consistent with an adopted comprehensive flood hazard
management plan that evaluates cumulative impacts to the watershed or coastal
reach.
(b) New or expanding development or uses in the shoreline, including subdivision of
land that would likely require new structural flood control works within a stream,
channel migration zone, or floodway, should not be allowed.
(c) New or expanded flood control works and in-stream structures should be planned and
designed to be compatible with appropriate multiple uses of stream resources over the
long term, especially in shorelines of statewide significance.
(d) Flood control works should incorporate native vegetation to the extent feasible to
enhance ecological functions, create a more natural appearance, improve ecological
functions, and provide more flexibility for long term shoreline management.
(e) To minimize flood damages and to maintain natural resources associated with
streams, overflow corridors and other alternatives to traditional bank levees,
revetments and/or dams should be considered. Setback levees and similar measures
should be employed where they will result in lower flood peaks and velocities, and
more effective conservation of ecological resources than with bank levees.
(f) Non-structural and non-regulatory methods to protect, enhance, and restore shoreline
ecological functions and other shoreline resources should be encouraged as an
alternative to structural flood control works. Non-regulatory and non-structural
methods may include public facility and resource planning, land or easement
acquisition, education, voluntary protection and enhancement projects, or incentive
programs. Removal of materials from the creek, stream, or river channel for flood
management purposes may be allowed only as part of an adopted integrated flood
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control management program that demonstrates that other flood hazard reduction
strategies would not be effective in the absence of gravel removal.
(g) Flood management diking shall be located landward of the floodway base (100-year
frequency) flood, and landward any wetlands associated or directly interrelated and
interdependent with the water body.
(h) Linear public access shall be provided whenever possible as outlined in the public
access requirements in SMP section 7.040, unless it is demonstrated that public
access would cause unavoidable public health and safety hazards, or security
problems, or unmitigatable ecological impacts, or unavoidable conflicts with
proposed uses, or unreasonable cost. Improved trail systems are preferred. At a
minimum, flood control works should not decrease existing or potential public access
to shorelines.
9.060 Landfills:
(a) Landfills within shorelines shall be permitted only through a Conditional Use Permit
and shall be allowed only when necessary to support:
(1) Water-dependent use, or;
(2) Public access, or;
(3) Cleanup and disposal of contaminated sediments as part of an interagency
environmental clean-up plan, or;
(4) Disposal of dredged material considered suitable under, and conducted in
accordance with the dredged material management program of the Department of
Natural Resources, or;
(5) Expansion or alteration of transportation facilities of statewide significance
currently located on the shoreline, and then only upon a demonstration that
alternatives to fill are not feasible, or;
(6) Mitigation action, approved environmental restoration, beach nourishment, or an
approved enhancement project.
(b) (a) Shoreline fills or cuts shall be designed and located so that there will be no
significant change to natural shoreline topography or damage to existing ecological
systems or natural resources, and no alteration of local currents which would result
in a hazard to adjacent life, property, or natural resources systems.
(c) Landfills shall include restoration and/or enhancement of ecological functions
within the shoreline consistent with the restoration objectives within the Restoration
Plan and shall provide public access where feasible.
(d) Applications which include landfills shall include the following information
prepared by a qualified professional:
(1) Physical, chemical and biological character of landfill material;
(2) Proposed use of fill area;
(3) Source of landfill material;
(4) Method of placement and compaction;
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(5) Type of proposed surfacing or vegetation cover;
(6) Method of perimeter erosion control; and
(7) Any other information deemed necessary.
9.070 Restoration and Conservation:
(a) Restoration projects that are within critical areas, or their required buffers
are permitted subject to the applicable requirements within this Title.
(b) Restoration projects that achieve the objectives within the Restoration Plan shall
have priority over other restoration projects.
(c) Restoration projects that include structural modification or stabilization shall first
consider preferred techniques as specified in SMP section 9.080 Shoreline
Stabilization.
(d) Restoration projects shall be designed and implemented such that there are no
adverse impacts on ecological resources or functions.
(e) Restoration projects shall include a maintenance and monitoring plan and financial
surety as outlined in SMP section 7.020 (vegetation plan) that includes a guarantee
and/or contingency plan when said project does not achieve its intended objective.
(f) Restoration projects shall take into consideration existing and lawfully
erected structures and developments such that their safety is not
compromised.
(g) Restoration projects shall not conflict with existing utilities, roadways and
public access points unless those functions can be relocated such that the public
benefit remains the same or is improved.
9.080 Shore Stabilization:
(a) Hierarchy of Alternatives: Alternatives for shoreline stabilization shall be based
on the following hierarchy of preference:
(1) No action (allow the shoreline to retreat naturally), increase building
setbacks, and relocate structures.
(2) Provide flexible stabilization constructed of natural materials incorporating
measures such as soft shore protection and bioengineering, including beach
nourishment, protective berms, or vegetative stabilization.
(3) Provide flexible stabilization, as described above, with rigid works, as
described below, constructed as a protective measure.
(4) Construct rigid works constructed of artificial materials such as riprap or concrete.
(b) Stabilization Necessity: New structural stabilization measures shall not be allowed
for existing developments except when necessity is demonstrated in the following
manner:
(1) To protect existing primary structures: New or enlarged structural shoreline
stabilization measures for an existing primary structure, including residences,
shall not be allowed unless there is conclusive evidence, documented by a
qualified professional, that the structure is in danger from shoreline erosion
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caused by currents, or waves. Normal sloughing, erosion of steep bluffs, or
shoreline erosion itself, without a scientific and geotechnical analysis, is not
demonstration of need. Site analysis, at a minimum, must include the following to
demonstrate the need of a structural solution:
(i) On-site drainage issues. The report(s) must clearly evaluate and resolve
existing drainage problems before considering structural shore stabilization.
(ii) The report(s) must clearly evaluate supplementary beach nourishment
and/or soft-shore measures and such measures must be shown to be
impractical or non-effective, as demonstrated through a geotechnical report.
(iii) The report(s) must clearly establish that the stabilization structure will not
result in a net loss of shoreline ecological functions.
(iv) The report(s) must clearly establish the lack of structural integrity of the
existing structure due to ongoing wave action.
(2) To protect a new water-dependent development, or new single-family residences,
when all of the conditions below apply and are documented by a qualified
professional:
(i) The erosion is not being caused by upland conditions such as the loss of
vegetation and drainage.
(ii) Nonstructural measures, such as placing the development further from the
shoreline, planting vegetation, or installing on-site drainage improvements,
are not feasible or not sufficient.
(iii) The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report. The damage must be caused by
natural processes such as currents, and waves.
(iv) Supplementary beach nourishment must be shown to be impractical or non-
effective, as demonstrated through a geotechnical report.
(v) To protect an existing non-water-dependent development, when all of the
conditions below apply and are documented by a qualified professional: The
erosion is not being caused by upland conditions such as the loss of
vegetation and drainage;
(vi) Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible;
(vii) Stabilization structures are needed to protect primary structures from
damage due to erosion;
(viii) Supplementary beach nourishment is shown to be impractical and
ineffective;
(ix) The affected structure cannot be feasibly located or relocated outside of the
area affected by natural shoreline erosion processes;
(x) The stabilization structure will not result in a net loss of shoreline ecological
functions.
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(3) To protect projects for the restoration of ecological functions or hazardous
substance remediation projects pursuant to chapter 70.105D RCW. All of the
conditions below apply and are documented by a qualified professional:
(i) Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient.
(ii) The erosion control structure will not result in a net loss of shoreline
ecological functions.
(c) Creeks and Streams: Creeks and streams shall be maintained in their natural state,
free of shoreline modification, where they are not now influenced by urban growth
and channelization. Where natural processes and functions have been substantially
altered, shoreline stabilization shall avoid substantial channel direction modifications,
realignment and straightening as a consequence of shore stabilization and flood
management.
(d) Bulkhead/Seawall Location:
(1) On all shorelines, bulkheads/seawalls shall be located landward of the OHWM,
landward of existing protective berms (artificial or natural), and shall be located
generally parallel to the natural shoreline.
(2) On Marine Accretion Beaches, bulkheads/seawalls shall be set back a minimum
of twenty-five (25) feet landward of the OHWM, and shall parallel the natural
shoreline; except on sloping or bluff/cliff shores where said setback is not
feasible, in which case bulkheads shall be placed as far landward of the OHWM
as is feasible. In no case shall the bulkhead be waterward of the OHWM.
(3) On driftways and lake shores that are subject to erosion bulkheads/seawalls shall
be located within one (1) foot of the bank toe and shall generally parallel the
natural shoreline.
(4) On bluff or bank shorelines with no adjacent bulkheads/seawalls the
bulkheads/seawalls shall be as close to the bank as possible and in no case shall it
be more than three (3) feet from the toe of the natural bank.
(5) A bulkhead/seawall for a permitted landfill shall be located at the toe of the fill.
(6) Replacement bulkheads/seawalls shall be located no further waterward of the
existing bulkhead than is necessary for construction of new footings
(e) Design: new and replacement bulkheads/seawalls shall comply with the
following design and construction criteria:
(1) Bulkheads/seawalls shall be sited and designed consistent with appropriate
engineering principles. Professional geologic site studies or design may be
required for any proposed bulkhead if the City determines sufficient
uncertainties exist. Grounds for such determination shall be inadequate
information or expertise on local physical features; and/or the evidence of
potential damage to other shoreline properties and features.
(2) Bulkheads/seawalls shall be the minimum dimensions necessary to
adequately protect the development.
(3) Stairs or other permitted structures may be built into a bulkhead, but shall
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not extend waterward of it.
(4) Bulkheads/seawalls shall be designed to permit the passage of surface or
ground water without causing ponding or saturation of retained soil/materials.
(5) Adequate toe protection (i.e. proper footings and a fine retention mesh, etc.)
shall be provided to ensure bulkhead stability without relying on additional
riprap.
(6) Sheet piling and precast concrete slabs with vertical waterward faces shall
include adequate tiebacks and toe protection.
(7) Bulkheads/seawalls shall utilize stable, non-erodible, homogeneous materials (e.g.
concrete, wood, rock riprap or other suitable materials) which will accomplish the
desired end with the maximum preservation of natural shoreline characteristics.
(8) Beach materials shall not be used for fill behind bulkheads/seawalls except
clean dredge spoil from a permitted off site dredge and fill operation.
(9) Bulkheads/seawalls may tie in flush with existing bulkheads/seawalls on
adjoining properties to ensure there is no gap between the two except
when:
(i) An adjoining bulkhead/seawall extends waterward of the OHWM or the
toe of the bank or permitted landfill; in which the location requirements of
Regulation of Subsection D criteria 1,2, and 3 above shall apply.
(ii) If there is an existing bulkhead/seawall on only one of the adjacent
properties, the proposed bulkhead/seawall may tie in flush with the
adjacent bulkhead/seawall at or landward of the OHWM in order to
minimize the land area waterward of the required setback. The required
setback, however, shall be met on the side not abutting an existing
bulkhead/seawall.
(f) Beach Enhancement: Beach enhancement/restoration should be employed on
upland, tidal and/or submerged shorelines to restore, enhance or create
recreational beaches, aquatic habitat, and/or to control erosion where geotechnical
analysis confirms that it is practical and effective and specifically in cases where:
(1) Beach restoration/enhancement will accomplish the following objectives:
(i) Recreate or enhance natural shore conditions;
(ii) Create or enhance natural habitat;
(iii) Reverse otherwise erosional conditions; and
(iv) Enhance access to the shore, especially to public shores.
(2) Beach enhancement is prohibited where:
(i) Littoral drift of the enhancement materials will adversely affect
adjacent spawning grounds or other areas of biological significance; or
(ii) It will interfere with the normal public use of the navigable waters of
the state.
(3) Beach enhancement projects shall be designed so that the project avoids:
(i) Detrimental interruption of littoral drift, or redirection of waves, current
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or sediments to other shorelines that may adversely affect adjacent
properties or habitat;
(ii) Any exposed groin-like structures; EXCEPT: Small drift cell or littoral
cell groins may be used as a means of stabilizing restored sediment
where part of a federally and/or state approved beach enhancement
program;
(iii) Extending waterward more than the minimum amount necessary
to achieve the desired stabilization;
(iv) Creating contours sufficiently steep to impede easy pedestrian passage, or
trap drifting sediments (a 5:1 slope is generally recommended; a 4:1 slope
is a minimum);
(v) Creation of "additional dry land mass"; and
(vi) Disturbance to significant amounts of valuable shallow water fish/wildlife
habitat, unless such habitat is immediately replaced by new habitat that is
comparable or better.
(4) The size and/or mix of new materials to be added to a beach shall be adjusted to
the local wave climate for maximum percolation and stability (generally similar
to that of the natural beach sediment, but large enough to resist normal current,
wake or wave action at the site).
(5) The restored beach shall approximate the natural beach width, height, bulk
or profile. Exceedance of these features shall be limited, and shall not create
substantial additional dry land mass.
(g) Breakwaters: Breakwaters shall be permitted only by Conditional Use Permit for
navigational purposes, industrial activities and marinas and shall be approved only as
integral components of a harbor, marina or port, where water-dependent uses are
located seaward of the existing shoreline or shore protection from strong wave action
is essential. The location of a breakwater shall not render the remaining open water
surface unusable by the public. Open-pile or floating breakwaters shall be the only
type allowed unless it can be shown that solid breakwaters will have no adverse
effect on the aquatic biology and shore processes.
(h) Jetties, Weirs & Groins: Jetties, Rock Weirs and Groins are allowed subject to
approval of a Conditional Use Permit only for navigational purposes, industrial
activity, marinas, erosion control, fisheries or habitat enhancement, and public beach
management and shall be approved only as integral components of an overall
resource management plan.
(1) The effect of proposed breakwaters, jetties, rock weirs, and groins on sand
movement shall be evaluated during permit review. The beneficiaries and/or
owners of large scale shore modification works which substantially alter, reduce
or block littoral drift and cause new erosion of downdrift shores shall be
required to establish and maintain an adequate long term beach feeding program
as follows:
(i) Breakwaters, Rock Weirs and Groins shall incorporate artificial
beach feeding.
(ii) Jetties shall artificially transport sand to the downdrift side of the structure.
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(i) Vegetation Management:
(1) All disturbed shore areas shall be restored or enhanced to provide the maximum
benefits of non-structural measures, even if structural measures are approved and
shall use native plant materials with a similar diversity and structure as the native
climax community. In such cases, applicants should consider feasibility of
adding vegetation to shoreline armoring, such as plantings in soil filled
sonotubes placed within rip rap.
(2) Vegetation shall be planted and maintained on shore modification structures in
a manner that will reduce the visual impact of such structures.
(j) Maintenance: Maintenance of shore modification activities shall be the
sole responsibility of the property owner.
(k) Liability: liability for any impact to neighboring properties caused by shore
modification activities is the sole responsibility of the property owner providing
such shore modification.
(l) State & Federal Code Compliance: Construction and operation of shore
modification works shall demonstrate approval of and compliance with all
applicable federal and state permits.
(m) Application Requirements: Proposals for shore modification shall include the
following information, or as otherwise determined by the Director:
(1) Purpose of Project
(2) Description of Proposal:
• Location of project;
• Construction materials (e.g. materials used, dimensions of, design);
• Method of construction (e.g. source of backfill, erosion controls);
• Characteristics of the Site:
• Toe and crest of uplands;
• Existing buildings;
• Existing shore stabilization and flood protection devices;
• Ordinary, low, and high water elevations;
• Net direction of littoral drift changes and tidal currents (if any);
• General direction and speed of prevailing winds;
• Beach type, slope and material;
• Uplands type, slope and material;
• Soil types (Soil Conservation Service);
• Physical or geologic stability of uplands;
• Profile of beach and uplands;
(3) Extent of Impact Area:
• Marine shores: Within drift sector;
• Lakes and streams: Three hundred feet (300') on each side of proposed
project;
(4) Existing characteristics:
• Physical, geological and/or soil characteristics;
• Existing shore stabilization and flood management devices;
114
• Presence of fish/wildlife vital to the aquatic food chain, or their habitat;
(5) Analysis shall include:
• Potential impact upon area shoreline processes and functions, hydraulic
processes, upland stability, natural habitat, adjacent properties, shoreline and
water uses, and public access; and
• Alternative measures (including non-structural measures) which will achieve
the same purpose. Design alternatives shall include the best available
technology, including, but not limited to beach enhancement where
appropriate.
(n) Professional Design: The City shall require professional design of the proposed
project if it is determined there are sufficient uncertainties such as:
(1) Inadequate data on local geophysical conditions;
(2) Inadequate data on stream flow, velocity, and/or flood capacity; and/or
(3) Effects on adjacent properties.
9.090 Stormwater Management Facilities:
(a) Stormwater management facilities shall be located outside of critical areas and their
required buffers, except as specified in SMP section 7.010.
(b) Stormwater management facilities shall provide a minimum of enhanced treatment as
defined by the latest version of the Department of Ecology Stormwater Manual for
Western Washington and must comply with BMC 20.15 (stormwater).
(c) New stormwater conveyance facilities (outfalls) shall not be constructed within
required shoreline or critical area buffers, unless no other feasible alternative exists.
Presenter: Garrett Jackson
February 25, 2026
1
Critical Area Ordinance
Shoreline Master Program
Landscaping Code
City Council, Information Only:
Zoning Code Amendments
Zoning Code Amendments Process Review
Planning
Commission
Workshop
9/15/25
Planning
Commission
Workshop
10/20/25
Planning
Commission
Workshop
11/17/25
Department of
Commerce
Review
SEPA Review
Planning
Commission
Workshop
12/15/26
2
City Council
Study Session
February 25
City Council
Information
Only
March 4
City Council
Study Session
March 25
City Council
Hearing
April 1
AdoptionRemaining
steps
Ecology &
Planning
Commission
Joint Hearing
1/26/26
Review –Policy Background
Critical Areas and Shorelines of the State
RCW 36.70A Growth Management Act
requires all counties and cities to identify,
designate, and protect critical areas
WAC 365-190-080(1) “No Net Loss”
RCW 36.70A.172 Best Available Science
RCW 36.70A.480 Shorelines of the State
3
Review –Comprehensive Plan
Adopted Comprehensive Plan Policies
E1(P): Support the continued planting of Bremerton’s urban forest, with a diverse mix of native and nonnative trees, shrubs and groundcovers, which line our streets and shade and beautify our homes, businesses, parks and natural areas
E2(F): Maintain and improve the City’s tree canopy. Consider proper vegetation selection, taking into consideration potential conflicts, such as sidewalks and overhead utilities.
E4(I): Protect natural resources that sequester and store carbon such as wetlands, estuaries, stream buffers and urban tree canopy.
E1(H): Protect critical areas, habitat and the natural environment through land use plans, surface water and stormwater management plans and programs, comprehensive park plans, development regulations and site-specific project review.
4
Critical
Areas
Ordinance
BMC 20.14
5
New
Critical
Areas
Webpage
https://www.bremertonwa.
gov/1414/Critical-Areas
6
Critical Areas Ordinance (CAO)
Facet CAO Gap Analysis (Available online and October packet)
Increase buffers for riparian areas (streams)
Departure from Best Available Science (Site Potential Tree Height)
Stream buffer reductions limited to 25% reduction
Departure from Best Available Science (Minimum 100-feet recommended)
Increased Tribal Notification
Update Definitions (BMC 20.14.200)
Public Agency Exception (BMC 20.14.150)
Tree Removal, potential fines (BMC 20.14.190)
$5,000 significant tree, $1,000 non-significant tree, $0 tree < 4-inches
Single-family home exemption Critical Aquifers (BMC 20.14.400)
Nonconforming provisions for existing single-family homes (BMC 20.14.160)
Updated language to respond to comments received 7
Stream Buffers
Best Available Science (BAS)
RCW 36.70A.172 Best Available Science
Long Range Planning for Climate Change
Wetlands
Critical Aquifer Recharge Areas
Frequently Flooded Areas
Geologically Hazardous Areas
Fish & Wildlife Habitat Conservation Areas
Riparian buffers and Site Potential Tree Height (SPTH)
8
Shoreline
Master
Program
BMC 20.16
9
Shoreline Master Program (SMP)
10
Facet SMP Gap Analysis (Available online and October packet)
Cultural Resources (BSMP 7.060)
Update Definitions (BSMP Chapter 3)
Shoreline Maps (BSMP 4.020)
Allowed uses (BSMP 7.090)
Update code for consistency with new zone within the
Downtown Subarea Plan
SMP Mapping
11CurrentProposedCorrect 2017 Mapping Discrepancy
Low Density Residential Shoreline Designation and
Increased detail (road names, parcel lines, etc.)
Landscaping
BMC 20.50
12
Landscaping Considerations
13
National Fire Protection Association (NFPA)
Home Ignition Zone for trees and landscaping within 200 feet of structures
Washington State Department of Natural Resources
Wildland Urban Interface
Trees and landscaping must consider overhead electrical lines,
underground utilities, effects on neighboring properties, and
other factors
Costs associated with developing new housing and businesses
Landscaping (BMC 20.50)
Items for update include
1.“Intent” of landscaping code
2.Landscaping required when remodel or change of use is valued at
50% or more of the assessed structure value
3.Alternative Street Tree Requirements
4.Alternative Interior Landscaping Requirements
5.Drought Resistant Tree Incentive
6.Other items for update
Critical Root Zone (BMC 20.50.050.d.5)
Consistency with BMC 15.04 Stormwater (BMC 20.50.040)
Implementation of Landscaping Plan (BMC 20.50.040.g.4)
Remove Landscaping requirements adjacent to Parks (BMC 20.50.040.d)
Root Control Barrier: Trees within 5 feet of a public sidewalk/infrastructure
may be required (BMC 20.50.040.d)
14
Incentivize Larger Trees
Street Trees & Trees within Parking Areas
15
Street Trees
1 street tree per 50 liners feet of street frontage
Front yard setback may be lawn & street trees
Interior Trees
1 interior tree per 3,000 square feet of parking/drive area
Parking landscape islands may be bark/rock
Both Street Trees and Interior Trees
Mature tree height of at least 30-feet
Growth rate of at least 2-feet per year
Must be on the Approved City Street Tree List
Questions?
16
Form Updated 4.19.2024
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Overview of Proposed
Zoning Code Amendments:
Critical Areas Ordinance (BMC 20.14),
Shoreline Master Program (BMC 20.16), and
Landscaping Code (BMC 20.50)
Study Session Date: February 25, 2026
Presenter: Garrett Jackson
Phone: 360-473-5289
SUMMARY:
Updates to the City Critical Areas Ordinance (BMC 20.14), Shoreline Master Program (BMC 20.16),
and Landscaping Code (BMC 20.50) are proposed for Council consideration at the February 25th
Study Session, to be followed by a March 4th Information Only presentation to the public. While
proposed zoning code amendments are being presented concurrently, they remain separate
regulations, each with their own distinct planning requirements. The impetus for changing these
regulations is also unique: State required updates to the Critical Areas Ordinance (COA) are
proposed for greater stream buffer widths to better protect anadromous fish species; updates to the
Shoreline Master Program (SMP) were necessary to align with increased housing types approved
with the Comprehensive Plan update; and revisions to the Landscape code are meant promote urban
tree canopy policies identified in the Comprehensive Plan. These materials are intended to provide a
briefing to the Council and general public on proposed changes and to gain feedback at the February
25th Study Session. An adoption date of April 1st is anticipated, with two separate public hearings 1)
Critical Areas Ordinance and Landscaping Code, and 2) Shoreline Master Program.
HANDOUTS:
Staff Memo:
Report providing background information and summary of proposed code changes
Critical Areas Ordinance (CAO) and Landscaping Code:
Draft Ordinance and revised CAO and Landscape Code
Shoreline Master Program (SMP):
Draft Ordinance and revised SMP
Draft Presentation
B4