HomeMy WebLinkAbout10/14/2026 STUDY SESSION AGENDA PACKET
CITY COUNCIL STUDY SESSION AGENDA
OCTOBER 14, 2026 5:00 PM
345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there
will be no opportunities for input. However, 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; and no action at the
Study Session is anticipated.
VIEW AGENDA AND MEETING PACKET
JOIN ZOOM MEETING
Webinar ID: 873 1826 6756
Passcode: 857582
A. INFORMATION ONLY PRESENTATION
1. Zoning Code Amendments: Shoreline Master Program (BMC 20.16), Critical Areas Ordinance
(BMC 20.14), and Landscaping Code (BMC 20.50)
B. AGENDA BILL BRIEFINGS
1. Ordinance to amend BMC Chapter 5.08 entitled “Street Vendors”
2. Ordinance to amend BMC Chapter 5.16 entitled “Temporary Merchants, Peddlers, and Mobile
Food Vendors”
3. Confirm appointment of Matthew Baptiste-Cerra to the Parks & Recreation Commission
4. Ordinance establishing Section 11.18.080 of the Bremerton Municipal Code entitled “Honorary
Naming of Public Streets”
5. Request for Salary Adjustment for Lauren Ellington pursuant to Bremerton Municipal Code
Section 2.50.032(b)(2)
C. GENERAL COUNCIL BUSINESS
1. Finance, Investment, and Parking Committee Briefing (Last Meeting 9/22/26) – Chair Michael
Goodnow
2. Public Safety and Parks Committee Briefing (Last Meeting 10/6/26) – Vice Chair Rick Tift
3. Regional and Other Committee/Board Briefings
- Kitsap Transit Board of Commissioners Briefing (Last Meeting 10/6/26) –
Jane Rebelowski
- Kitsap Regional Coordinating Council Executive Board Briefing (Last Meeting
10/6/26) – Jane Rebelowski, Jennifer Chamberlin
4. Other General Council Business (Only as necessary, and as time allows)
D. ADJOURNMENT OF STUDY SESSION
Form Updated 4.19.2024
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Zoning Code Amendments:
Shoreline Master Program (BMC 20.16),
Critical Areas Ordinance (BMC 20.14), and
Landscaping Code (BMC 20.50).
Study Session Date: October 14, 2026
Presenter: Garrett Jackson
Phone: 360-473-5289
SUMMARY:
After an unexpectedly lengthy review process with the Department of Ecology (DOE), including
review and feedback on the City’s Shoreline Master Program (SMP), we are nearing completion of
the update process. The City Council previously reviewed proposed updates to the SMP (BMC
20.16), Critical Areas Ordinance (BMC 20.14), and Landscaping Code (BMC 20.50). This
presentation will focus on recent changes to the SMP requested by DOE.
Previous presentations on the proposed updates were provided at the February 25 Study Session,
March 4 Information-Only presentation to the public, and March 25 Study Session. For reference, a
BKAT Recording of the March 4th, 2026 Council Meeting is also available.
Since the March 25 Study Session, DOE has recommended additional changes only to the SMP; no
changes have been requested to the Critical Areas Ordinance or Landscaping Code. The proposed
SMP revisions are limited to provisions addressing multifamily and mixed-use development within the
Low Density Residential Shoreline Designation.
DCD staff are preparing for a November 4 public hearing to consider adoption of the proposed
changes. An updated copy of the SMP is attached for reference, with DOE-recommended changes
highlighted in green. The first page of the attached SMP includes a Staff Summary of proposed
changes coordinated with DOE.
HANDOUTS:
Presentation
Shoreline Master Program (SMP)
A1
Presenter: Garrett Jackson
October 14, 2026
1
Shoreline Master Program
Critical Areas Ordinance
Landscaping Code
City Council, Information Only:
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
March 25
City Council
Hearing
April 1
CANCELED
Ecology
Review
March to
October
Ecology &
Planning
Commission
Joint Hearing
1/26/26
City Council
Study Session
February 25
City Council
Information Only
March 4
City Council
Study Session
October 14
City Council
Study Session
October 28
City Council
Public Hearing
November 4th
Adoption
Department
of Ecology,
Additional
Mitigation
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Additional planting requirements
25 percent buffer area
Low Density Residential Shoreline Designation 4
Multifamily & Mixed Use
Maximum height of 30-feet
Low Density Residential Shoreline Designation 5
Maximum Density 10 DUA, LDR Designation
Density bonuses per RCW 36.70A.681, RCW
36.70A.635, RCW 35.63.280, or similar, are not
allowed; Except:
Properties within the Isolated Shoreline
Designation.
Properties landward of an Interrupted Buffer
(Ecology Confirms).
1 Accessory Dwelling Unit (ADU) on properties
that have not subdivided prior to January 1, 2027
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Other items
Low Density Residential Shoreline Designation
Multifamily and Mixed Use development are prohibited from reducing shoreline buffer widths.
Commercial and Mixed Use Development require a Shoreline Conditional Use Permit.
Mixed uses shall be Water Oriented Uses and are limited to Community Facilities, Cultural
Facilities, Educational Facilities, Daycare, and Restaurants (Restaurants are limited to 1,200
square feet of new construction, and 2,500 square feet for existing buildings).
Multifamily and Mixed Use development are limited to a development coverage of 60%.
Multifamily Residential Shoreline Designation
Ground floor commercial uses are limited to Water Oriented Uses
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Questions?
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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: ................................................................................................................................................... 8
2.040 General Policies: ............................................................................................................................................. 11
2.045 Aquaculture Policies: ...................................................................................................................................... 13
2.050 Commercial Development Policies: ................................................................................................................ 13
2.055 Forest Practices Policies: ................................................................................................................................. 14
2.060 Industrial Development Policies: .................................................................................................................... 14
2.065 Marinas and Boating Facilities Policies: ......................................................................................................... 14
2.070 Recreational Development Policies: ................................................................................................................ 15
2.075 Residential Development Policies: .................................................................................................................. 15
2.080 Roads, Railways, and Utilities Policies: .......................................................................................................... 16
2.085 Clearing and Grading Policies: ........................................................................................................................ 16
2.090 Docks, Piers, and Other In-Water Structures Policies: .................................................................................... 17
2.095 Dredging Policies: ........................................................................................................................................... 17
2.100 Flood Hazard Reduction Policies: ................................................................................................................... 17
2.105 Landfill Policies: ............................................................................................................................................. 18
2.110 Restoration and Conservation Policies: ........................................................................................................... 18
2.115 Shore Stabilization Policies: ............................................................................................................................ 19
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 ........................................................................... 88
8.010 Intent: .............................................................................................................................................................. 88
8.020 Aquaculture: .................................................................................................................................................... 88
8.030 Commercial Development: .............................................................................................................................. 90
8.040 Forest Practices: .............................................................................................................................................. 91
8.050 Industrial Development: .................................................................................................................................. 91
8.060 Marinas and Boating Facilities: ....................................................................................................................... 93
8.070 Recreational Development: ............................................................................................................................. 95
8.080 Residential Development: ............................................................................................................................... 96
8.090 Roads, Railways, and Utilities: ....................................................................................................................... 98
Chapter 9 – Shoreline Modifications............................................................................. 102
9.010 Intent: ............................................................................................................................................................ 102
9.020 Clearing and Grading: ................................................................................................................................... 102
9.030 Docks, Piers, and Other In-Water Structures: ............................................................................................... 102
9.040 Dredging: ....................................................................................................................................................... 106
9.050 Flood Hazard Reduction:............................................................................................................................... 107
9.060 Landfills: ....................................................................................................................................................... 108
9.070 Restoration and Conservation: ...................................................................................................................... 109
9.080 Shore Stabilization: ....................................................................................................................................... 109
9.090 Stormwater Management Facilities: .............................................................................................................. 115
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
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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.
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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.
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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.
(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.
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(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
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.
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(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
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
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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.
(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.
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(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 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
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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 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.
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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.
(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.
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(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.
(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.
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(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
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.
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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.
(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
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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,
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
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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
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.
Boating Facilities: Improvements or modifications that accommodate motorized and
nonmotorized boats and include improvements for storing, launching, mooring, and
servicing boats. Boating facilities include marinas, community docks serving more than
four residential units, other public docks, and community or public boat launches.
Boating facility regulations do not apply to private residential docks serving four or
fewer residential units.
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.
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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.
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
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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
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
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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.
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
25
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.
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
26
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.
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
27
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
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.
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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.
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)
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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
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.
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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
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.
46
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
47
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.
48
(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.
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(e) Any person subject to the regulatory program of this Master Program who
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.
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(1) This review must occur during Ecology's normal review of a shoreline
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.
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(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
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
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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
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.
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(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.
(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;
(vi) The proposal is not for new multifamily or mixed-use development located in the Low
Density shoreline designation; in such cases reductions are prohibited.
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. Mixed-Use (Section 8.030.j) and
Multifamily (Section 8.080.k) development within the Low Density Residential Shoreline
Designation are subject to additional requirements. 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
Shoreline Conditional Use Permit.
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(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 Family Low 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 CU1 X P2 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 Mixed uses shall be Water Oriented Uses and are limited to Community Facilities, Cultural Facilities,
Educational Facilities, Daycare, and Restaurants (Restaurants are limited to 1,200 square feet of new construction, and
2,500 square feet for existing b uildings).
2 Ground floor commercial uses are limited to Water Oriented Uses.
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(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.
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 Low Density 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.
***Multifamily and Mixed-Use projects within the Low Density Residential Shoreline Designation are limited to 30 -feet in
height.
(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.
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(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.
(j) New Mixed-Use development within the Low Density Residential Shoreline
Designation shall be limited to a maximum development coverage of sixty (60)
percent, and shall provide a native community of vegetation on the waterward
twenty-five percent (25%) of the buffer width, with a minimum required width of
ten feet (10’)
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.
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(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,
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.
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(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
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
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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
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.
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(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
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
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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.
(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
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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-
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.
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(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;
(2) Provisions for lot owner or occupant access to the water body;
(3) Provisions for public access to the water body.
(4) Within the Low Density Residential Shoreline Designation, the maximum allowed
density is ten (10) dwellings per acre. Density bonuses per RCW 36.70A.681,
RCW 36.70A.635, RCW 35.63.280, or similar, are not applicable within the Low
Density Residential Shoreline Designation, except as follows:
(i) Properties within the Isolated Shoreline Designation parallel to the Low
Density Residential Shoreline Designation.
(ii) Properties landward of an Interrupted Buffer. In such cases, Department of
Ecology concurrence will be confirmed when determining an Interrupted
Buffer.
(iii) One (1) Accessory Dwelling Unit (ADU) may be developed on properties that
have not subdivided prior to January 1, 2027.
(5) Within the Low Density Residential Shoreline Designation, the maximum
development coverage is sixty (60) percent for new Multifamily development.
(6) Within the Low Density Residential Shoreline Designation, new Multifamily
development shall a native community of vegetation on the waterward twenty five
percent (25%) of the buffer width, with a minimum required width of ten feet (10’).
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.
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(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.
(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.
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(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.
(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
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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;
(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
113
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.
114
(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;
115
• 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.
Published for
October 14
Study Session
Item A1
Public Comment
10-13-26 FoSC Comments &Objections As To SMP Proposal,Comp Plan Invalidity,&Denise Frey /
Sound West Group Scheming &Collusion
From:Friendsof Smith Cove <friendsofsmithcove@gmail.com>
Sent:Tuesday,13 Oct 2026 04:59 PM
To:city.clerk@ci.bremerton.wa.us;Lindsey Victor <Lindsey.Victor@ci.bremerton.wa.us>;City Council
<City.Council@ci.bremerton.wa.us>;Jose Camacho <paralegal312@gmail.com>;Friendsof Smith Cove
<friendsofsmithcove@gmail.com>;Robin Weldin <rdmoley26@gmail.com>
Subject:10-13-26 FoSC Comments &Objections As To SMP Proposal,Comp Plan Invalidity,&Denise Frey /Sound
West Group Scheming &Collusion
CAUTION:This email originated from outside of the organization.Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Kindly include these objections and comments in the packet for tomorrow's study
session as to the proposed 2026 SMP.
FoSC SMP /Comp Plan Objections -Comment Link:
https://drive.google.com/drive/folders/1yfpp1cfeLPlR5_jIiAaJNpPaUMLL1iMV
I am not certain if I attach the comments therein as .pdfs they will reach you.
Kindly download these three documents as my input as to the proposed SMP and
include in the agenda packet:
.FoSC Comment -SMP Malfeasance -Constitutional Deprivation.pdf
.FOSC Comp Plan -SMP Objections (re-adopted).pdf
.FoSC Comment No.125 (re-adopted).pdf
In addition,the Denise Frey -Wesley Larson /Jack Paauw collusion and scheming
during "Bremerton2044"comp plan invalidates the comp plan and/or makes it
voidable -this affects the SMP's "consistency"to a comp plan which process -to
protect Sound West Group and DCD -avoided all application of Shoreline
Management Act analysis to matters of shoreline development.The intentional
rigging of the comp plan to benefit Sound West Group seen in these emails puts the
final nail in the coffin of that tainted comp plan:
SWG-Frey Collusion Emails Link:
https://drive.google.com/drive/folders/1gF7T60Y2-6OxK3987w8CUr1FlXJoAv6I
These are intended as our responses and objections to the proposed SMP,and to all
implications regarding how the proposed SMP relates back to the tainted
"Bremerton2044"comprehensive plan.The proposed SMP does not relate to that
comp plan.Any SMP must stand on its own terms until a valid comp can
incorporate the SMP,where that SMP complies with the Shoreline
10-13-26 FoSC Comments &Objections As To SMP Proposal,Comp Plan Invalidity,&Denise Frey /
Sound West Group Scheming &Collusion
Management Act.
______________________
As part of our SMP objections,we also cite to and rely this local government
gagging us,including council member Rick Tift's obstruction of FoSC'
participation in the SMP process on 10-20-25 when during the lawless city
instituted so-called "pause"on our free speech public comment rights Tift,as the
planning commissioner chair on 10-20-25,directly obstructed our public comment
after Garrett Jackson presented the proposed SMP.Tift,and the rest of the planning
commission,also deprived us of the unrestricted public comment we were entitled
to under OPMA's public comment provision enacted in 2022.
See 10-20-25 Planning Commission
https://bremerton.vod.castus.tv/vod/?video=535624bf-e8bd-477c-94bc-
ba93c6b33f80
In this 10-20-25 planning commission meeting,we can see Andrea Spencer
personally citing to the mendacious city attorney Kylie Finnel's public lie as to the
"pause"gagging that the city was not required to allow us the opportunity for an
unrestricted comment free of any agenda item filtering.The "pause"was to cover-
up and effectuate Spencer and SWG's rigged projects /processes.
This obstruction of FoSC was part of the city's scheme to protect the corrupt fixer,
Andrea Spencer,Director of DCD,and the complicity of her favorite developer,
Wesley Larson of "Sound West Group"This developer requested the city silence /
obstruct our free speech on 9-9-25,lying that we were threatening such as to
require security escorts and that we be made "respectable,"and the city government
obliged by smearing and commencing a "pause"on our free speech in the public
forum.
Subsequently,emails were produced via Public Records Act requests showing
"Sound West Group"CEO and planning commissioner,Jack Paauw,a Sound West
Group partner and director,and Evergreen Pointe "project representative"were
engaged in hand-picking and selecting a "team"of government official
"influencers"including council member Denise Frey to scheme on a "master plan"
for Frey's District 2 land use decision-making in secret -parallel to and during the
roll out of the "Bremerton2044"comprehensive plan.
10-13-26 FoSC Comments &Objections As To SMP Proposal,Comp Plan Invalidity,&Denise Frey /
Sound West Group Scheming &Collusion
Based on these emails our previous objections as to conflict of interest (Jack Paauw
/Mike Miller)and the appearance of fairness doctrine are now seen as not merely
an appearance of unfairness.Through Jack Paauw and its operative,Denise Frey,
Sound West Group engaged in actual intentional unfairness -conflicted misconduct
during comp planning intended to deliver private pecuniary benefits.
What is also clear in these emails is Denise Frey acting as SWG's operative in
affirmatively sabotaging the Bremerton Housing Authority shelter /housing project
on 1231 Sheridan in Frey's Dist.2 in order that SWG and other developer could
gain a greater advantage in monetizing their control and dominance of comp
planning. The emails serve as a recordation of the Sound West Group cartel in
action using Denise Frey as its enforcer and operative.
Denise Frey and Jack Paauw have betrayed the public trust,as have DCD planners
and city attorneys.But any half-way municipal government with even the faintest
memory of integrity would oust these two criminals immediately.Until the justice
system can clean out this government further.
The city government's "One Voice"policy of ensuring no council member or
commissioner dare speak up independently to voice their opinions or concerns on
matters of policy,or implementation of policy,is demonstrated in emails from
Anne Williams censoring and editing Anna Mockler's public-facing
emails including as to the SMP.This all implicates Constitutional deprivations
built into a broken system in which Sound West Group is an oligopoly or cartel
through which city action and decision is filtered through it FIRST.
Both the city council and planning commission's obstruction of our OPMA
comment rights was intended to stop us from continuing to object to the corrupt
partisanship of DCD towards SWG,and their rigging of process for this effective
cartel,including the SMP and comp plan.
We are still here.We want to make sure no one pretends otherwise.Our comments
from 2023 to October 12,2026 continue to be our comments now and into the
future.If not in writing,they are in our Youtube Channel,Friends of Smith Cove in
Evergreen Park:
https://www.youtube.com/@FriendsofSmithCove
The only claim we retract is that what we once believed was an SMP recreation
designation height restriction of 40 foot was actually an SMP recreation height
10-13-26 FoSC Comments &Objections As To SMP Proposal,Comp Plan Invalidity,&Denise Frey /
Sound West Group Scheming &Collusion
restriction of 35 feet.
--
Robin Weldin /Jose Camacho
Friends of Smith Cove in Evergreen Park
Youtube Channel: https://www.youtube.com/@FriendsofSmithCove
Virus-free.www.avast.com
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 10/14/2026
Ordinance to amend BMC Chapter 5.08
entitled “Street Vendors”
COUNCIL MEETING Date: 10/21/2026
Department: DCD
Presenter: Tara Burgess
Phone: (360) 473-5298
SUMMARY: An ordinance to amend Bremerton Municipal Code Chapter 5.08 updating the
requirements for street vendor minimum insurance requirements to better address the potential risks
associated with street vending operations
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No._______ amending Bremerton Municipal Code Chapter 5.08 entitled
“Street Vendors”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B1
Page 1 of 6
BMC 5.08 Street Vendors
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 5.08 of the Bremerton
Municipal Code titled “Street Vendors”.
WHEREAS, the City Council desires to amend Chapter 5.08 of the Bremerton
Municipal Code to update provisions relating to Street Vendors, NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.08 of the Bremerton Municipal Code titled "Street
Vendors" is hereby amended as follows:
CHAPTER 5.08
STREET VENDORS
5.08.010. LICENSE REQUIRED.
It is unlawful for any person to engage in street vending in the City without first obtaining a
regulatory license in addition to a business license. Applications for regulatory licenses shall be
filed with the Tax and License Division.
5.08.020. DEFINITIONS.
In construing the provisions of this chapter, the following definitions shall be applied.
(a) "Director" means the Director of Community Development of the City or any
officer, agent or employee of the City designated to act on the Director's behalf.
(b) "Street vending" shall mean one who sells food, nonalcoholic beverages, flowers,
plants, or other merchandise to the public from any stand, booth, cart, basket, tray,
table or other device on any sidewalk, street, highway or public place.
(c) "Street vending site" shall mean the location of the street vending unit.
(d) "Street vending unit" shall mean the cart, tables and other equipment used in
conjunction with a street vending site.
(e) "Tax and Licensing Division" means the Tax and Licensing Division of the
Department of Community Development.
5.08.030. LICENSE APPLICATION.
In order to obtain a regulatory license for street vending, an applicant must submit, in addition to
the information required in BMC § 5.03.050 for a regulatory license, the following:
(a) A copy of the street vendor's regulatory license application and appropriate fee as
set forth in Chapter 3.01 BMC.
(b) The name and home and business addresses of the applicant, and the name and
address of the owner, if other than the applicant, of the vending business or street
vending unit to be used in the operation of the vending business.
(c) A copy of the current City business license or a copy of the business license
application and appropriate fee.
Page 2 of 6
BMC 5.08 Street Vendors
(d) Written approval for the vending by the abutting property owner. The abutting
property owner may revoke said approval upon written notice to the Director, in
which case the license shall be revoked pursuant to BMC § 5.08.080.
(e) A description of the desired location and adjacent businesses and an accurate
drawing showing the public area to be used, along with plans detailing the design
and size of the vending unit to be used.
(f) A license or other written document from the Kitsap County Health District
granting approval for each food and/or beverage vending unit.
(g) A license or other written document from the Fire Department granting approval
for vendors using flammable substances.
(h) Written approval from the City Parks and Recreation Department and/or Bremerton
School District granting approval if the vending unit will be placed within two
hundred (200) feet of a public park, school and/or playground.
(i) A certificate of insurance naming the City as an additional insured. The minimum
liability coverage must be five hundred thousand dollars ($500,000) combined
single limit bodily injury and property damage, including products liability if food
vending. A certificate of insurance shall be provided to the City for review prior to
issuance of the license.
A street regulatory license for street vending is wholly of a temporary nature and vests no
permanent rights or interest in property. The City may reject an application and deny a license for
health, safety, public welfare and other related reasons. An application expires after thirty (30)
days of filing if the required information is not submitted to the City during the thirty (30) day
period. The Director may grant an extension at his or her discretion.
5.08.040. LOCATION REVIEW.
Upon receipt of an application for a license or license renewal, the Director shall review the
location to determine if it is suitable for vending. In making this determination, the Director shall
consider the following criteria:
(a) A sidewalk vending unit is limited to one (1) assigned location.
(b) No license shall be issued for a location within ten (10) feet of a driveway,
wheelchair ramp, bus stop sign, or crosswalk at any intersection or any location
which unreasonably interferes with the public's or city's use of the right-of-way.
The location of the vending unit shall not reduce or obstruct pedestrian passage on
the sidewalk to less than five (5) feet to the nearest street trees, utility poles, traffic
control signs and devices, parking meters, fire hydrants, buildings and other similar
devices and structures. Such width shall be measured after including the dimensions
of the cart, and any support equipment or accessories placed adjacent to the cart
during operation. Furthermore, such placement shall be consistent with any
applicable standards established by the Americans with Disabilities Act and shall
not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair
ramp, bus, or taxi zone.
(c) The license operating area for a street vending unit must be within a commercial or
industrial zone as such is defined in the Bremerton Zoning Code. A street vending
unit shall not be licensed in areas where zoning on adjacent private property is
classified as residential.
Page 3 of 6
BMC 5.08 Street Vendors
(d) No license for a vendor shall be issued for a proposed vending site located within
one hundred (100) feet of an existing vendor or retail store premises in which the
license applicant's product is the primary product of the existing vendor's site or
retail store without the written consent of said licensed vendor or retail store. This
distance requirement shall not apply to applications for special events or festivals
issued under a master use license issued pursuant to Chapter 5.36 BMC.
(e) If a proposed vending site is located within two hundred (200) feet of a park or
public school, the vendor must present written consent of the City's Director of
Parks and Recreation or the school district, respectively; if a proposed vending site
is located within two hundred (200) feet of a private school, the vendor must present
written consent of the administrator or manager of the private school. This distance
requirement shall not apply to applications for special events or festivals issued
under a master use license issued pursuant to Chapter 5.36 BMC.
(f) The use of vending devices must be compatible with and must not unreasonably
interfere with the public interest in use of the public ways as public rights-of-way.
(g) In the event that two (2) or more applications for the same location are received, the
earliest application, if approved, shall be awarded the location.
5.08.050. HEALTH AND SAFETY STANDARDS.
(a) Vendors of food and beverages shall comply with all standards established by the
Kitsap County Health District.
(b) All sidewalk vending units in which food or beverage preparation occurs shall be
inspected and approved by the City Fire Department to assure compliance of any
cooking or heating apparatus with the following provisions:
(1) Deep fat, oil, or grease cooking processes employing heated liquid shall be
protected by a fire extinguishing system approved by the Fire Department.
Processes involving heated fat, oil, grease, or liquids other than water shall be
shielded from the public.
(2) Processes requiring flammable gas, liquid, or solid fuels shall not be licensed,
unless approved by the Fire Department. LPG containers shall be limited to no more
than five (5) gallons capacity, and no more than one (1) container per cart or vendor
display.
(3) Storage of extra fuel is prohibited in the area of vending, or in any buildings, except
as licensed by the Fire Department.
(4) Vendors using open-flame cooking where steaks, hamburgers, sausages, hot dogs,
or other products producing grease-laden vapors are cooked shall not be stationed
beneath the awning or canopy of a building. Exception may be made when evidence
is presented satisfying the Fire Department that no special threat is imposed to the
building or awning by virtue of vendor location.
(5) Pressure-cooking appliances shall be prohibited.
(6) A fire extinguisher is required in all vending carts using open-flame cooking or
cooking products producing grease-laden vapors.
5.08.060. OPERATING CONDITIONS.
Any person with a valid regulatory license issued pursuant to this chapter shall be subject to the
following conditions:
Page 4 of 6
BMC 5.08 Street Vendors
(a) All vendors must display, in a prominent and visible manner, the license issued by
the director under the provisions of this chapter.
(b) Food and beverages sold must be capable of immediate consumption.
(c) The height of the vending unit, excluding canopies, umbrellas, or transparent
enclosures, which must be approved by the Director, shall not exceed five (5) feet.
(d) The vending site must be clean and orderly at all times, and the vendor must provide
a refuse container for use by patrons.
(e) Soliciting or conducting business with persons in motor vehicles is prohibited.
(f) No merchandise shall be displayed using street furniture (planters, street lights,
trees, trash containers, etc.) or placed upon the sidewalk. In addition, sales of
merchandise shall not be allowed from a vehicle. No use of any automatic coin-
operated vending dispenser shall be allowed.
(g) Vendors shall not hinder use of any phone booth, mailbox, parking meter, fire
alarm, fire hydrant (including automatic sprinklers or standpipe connections),
newspaper vending machine, waste receptacle, bench, transit stop, or traffic signal
controllers.
(h) Vendors shall obey any lawful order from a police officer or Fire Department
official during an emergency or to avoid congestion or obstruction of the sidewalk.
(i) No vendor shall make loud noises or use mechanical audio or noise-making devices
or hawk to advertise his or her product.
(j) No licensed sidewalk vending unit shall be left unattended on a sidewalk, nor
remain on the sidewalk between midnight and 6:00 a.m.
(k) Utility service connections are not licensed, except electrical, when provided by the
owner of the abutting property. Electrical lines are not allowed overhead or lying in
the pedestrian portion of the sidewalk.
(l) Signs, banners and/or streamers may be attached to the vending unit for the purpose
of advertising or identifying the vending unit, subject to approval of the abutting
property owner (or representative or agent) and the director. As determined by the
director, such signs, banners, and/or streamers shall be situated so as to not
unreasonably obstruct views of neighboring property or create a public safety
hazard. Advertising signs may be placed on the vending unit but are not licensed on
the sidewalk or street area.
(m) The footprint of the vending site is subject to the area constraints of the vending site
location but in no event shall a vending site footprint exceed two hundred (200)
square feet. A vending unit shall not exceed the vending site footprint.
(n) A vinyl or canvas umbrella or tent may be included as part of the vending site, but
its open coverage may not exceed the vending site footprint. Any part of the
umbrella or tent must have a minimum seven (7) feet of vertical clearance to the
sidewalk.
(o) Vending units shall not be locked or chained to a parking meter, City street light
post, tree, or other street fixture or furniture.
5.08.070. LICENSE - RENEWALS.
Applications for renewal of a license may be filed for the same location, features of the cart
and/or products (i.e., from food to flowers) as originally applied for. A renewal not applied for
prior to the expiration of the existing license may not receive a renewal of the license. A vendor
Page 5 of 6
BMC 5.08 Street Vendors
requesting renewal of a license for a business that has changed or proposes to change location,
features of the cart and/or products since the last application/renewal must follow the requirements
for a new application.
There is no vested right to a renewal of regulatory license for street vending. The City may reject
an application and deny a license for health, safety and other related reasons.
5.08.080. LICENSE - REVOCATION.
A regulatory license for street vending is wholly of a temporary nature and vests no permanent
rights or interest in property. The license may be revoked pursuant to BMC § 5.03.070 at any time
for good cause by the City upon thirty (30) days' notice or without notice in case the use or
occupation of the public place shall become dangerous or unsafe or upon failure to cure a notice
of default. If the revocation is due to circumstances beyond the vendor's control, then the license
fee will be refunded on a prorated basis. In addition, the regulatory license will ordinarily be
revoked under the following conditions:
(a) The Kitsap County Health District withdraws approval or cancels necessary
licenses;
(b) The vendor violates any portion of the Bremerton Municipal Code;
(c) The vendor misrepresents facts in the license application;
(d) The Fire Department withdraws approval or cancels necessary licenses;
(e) The vendor's insurance in the amounts required by this chapter is not current and in
force;
(f) Upon the establishment of a retail store or a park or school as set forth in BMC§
5.08.040(d) and (e) unless the required consent is provided.
5.08.090. INSURANCE REQUIREMENTS.
A certificate of insurance evidencing general liability coverage with limits of not less than
$1,000,000 per occurrence, including products/completed operations coverage if food or beverages
are being sold, shall be provided prior to issuance of a permit. An endorsement naming the City of
Bremerton as an additional insured shall also be provided. Automobile liability insurance with a
minimum combined single limit of $1,000,000 per accident for bodily injury and property damage
shall be provided if vehicles are operated on City property.
SECTION 2. 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 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 4. 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.
Page 6 of 6
BMC 5.08 Street Vendors
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 J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2026.
EFFECTIVE the ________ day of ______________________, 2026.
ORDINANCE NO. ________.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 10/14/2026
Ordinance to amend BMC Chapter 5.16
entitled “Temporary Merchants, Peddlers,
and Mobile Food Vendors”
COUNCIL MEETING Date: 10/21/2026
Department: DCD
Presenter: Tara Burgess
Phone: (360) 473-5298
SUMMARY: An ordinance amending Bremerton Municipal Code Chapter 5.16 entitled “Temoporary
Merchants, Peddlers, and Mobile Food Vendors” to modernize and clarify the City’s regulations. The
amendments update the definition of “mobile vendor” to recognize the broader range of goods and
services now offered through mobile business operations, beyond traditional food trucks. The
proposed changes also increase minimum insurance requirements, clarify licensing requirements,
and update operational standards related to public safety, accessibility, health, traffic, and
compliance with applicable business regulations. These updates are intended to provide a clear and
contemporary regulatory framework that reflects current business practices and aligns with today’s
broader mobile commerce environment, while providing appropriate protections for the public and the
City.
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No._______ amending Bremerton Municipal Code Chapter 5.16 entitled
“Temporary Merchants, Peddlers, and Mobile Food Vendors”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B2
Page 1 of 4
BMC 5.16 Temporary Merchants, Peddlers
and Mobile Food Vendors
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 5.16 of the Bremerton
Municipal Code titled “Temporary Merchants, Peddlers and Mobile
Food Vendors”.
WHEREAS, the City Council desires to amend Chapter 5.16 of the Bremerton
Municipal Code to update provisions relating to Temporary Merchants, Peddlers and Mobile
Food Vendors, NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.16 of the Bremerton Municipal Code titled "Temporary
Merchants, Peddlers and Mobile Food Vendors" is hereby amended as follows:
CHAPTER 5.16
TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS
5.16.010. DEFINITIONS.
In construing the provisions of this chapter, the following definitions shall be applied.
(a) "Director" means the Director of Community Development of the City or any
officer, agent or employee of the City designated to act on the Director's behalf.
(b) "Peddler" means any person, either as agent, employee or principal, who carries
goods, wares or merchandise of whatever nature or description or any person who
offers services from house to house, building to building, or upon any street,
highway or public place within the City for the purpose of selling such goods,
wares or merchandise or solicitory orders for the same. Exempt from the meaning
of this definition shall be newspapers.
(c) "Temporary merchant" means and includes anyone who, with intent to engage
temporarily, transiently or itinerantly in such business in the City, sells goods,
wares or merchandise or offers services and has no permanent location within the
City; provided, a farmer, gardener, or other person who sells, delivers or peddles
any fruit, vegetables, berries, eggs or any farm produce or edibles raised,
gathered, produced or manufactured by such person is exempt from requirements
of this chapter.
(d) "Vending of food from mobile unit" means a mobile unit travelling City streets
for the purpose of selling edible merchandise. Exempt from the meaning of this
definition shall be those mobile units used specifically for the delivering only of
food pursuant to orders taken at an established place of business.”Mobile Unit”
means any motor vehicle, trailer, or other conveyance used to offer, display, sell, or
provide food, beverages, goods, merchandise, services, or other commercial activities
directly to the public.
(e) "Mobile Vending" means the operation of any motor vehicle, trailer, or other conveyance
Page 2 of 4
BMC 5.16 Temporary Merchants, Peddlers
and Mobile Food Vendors
upon City streets, rights-of-way, or other authorized locations for the purpose of offering,
displaying, selling, or providing food, beverages, goods, merchandise, services, or other
commercial activities directly to the public. Mobile vending includes, but is not limited
to:
1. Mobile food and beverage operations.
2. Mobile personal and professional service operations; and
3. Mobile retail and sales operations.
This definition shall not include mobile units used exclusively for delivery
pursuant to orders placed through an established business location where no
direct sales, display, or solicitation occurs from the mobile unit itself.
(d)(f) "Tax and Licensing Division" means the Tax and Licensing Division of the
Department of Community Development.
5.16.020. LICENSE - REQUIRED.
It is unlawful to engage in business as a peddler or mobile food vendor in the City without first
obtaining a regulatory license, as required by this chapter, in addition to a general business
license issued under Chapter 5.02 BMC. It is unlawful to engage in business as a temporary
merchant without first obtaining a regulatory license. A temporary merchant regulatory license
shall be issued in lieu of a business license and licensee shall be exempt from payment of
City business and occupation taxes. Applications for regulatory licenses shall be filed with the
Tax and License Division of the Department of Community Development.
5.16.030. LICENSE - TERMS.
(a) Temporary Merchants. This license shall not exceed thirty (30) days in
duration. A temporary merchant's license will be issued only twice in a
calendar year. If a temporary site is used for itinerant sales, it must be situated
on private property. The site and any temporary structure, excluding motor
vehicles and trailers, must be approved by the building official and planning
and fire departments before license issuance.
(b) Peddlers. The fee for a peddler's license shall not be prorated for any part of
a license year. The license must be carried by the vendor.
(c) Mobile Food Vending. This license is required for each vehicle and/or trailer
unit used for mobile vending operations. The vehicle license plate number
or trailer registration number, as applicable, must be submitted and will be
printed on the regulatory license. The license must be posted inside within
the vehicle or trailer unit. Vendors are responsible for notifying the City, in
writing, of any changes to the vehicle license plate number changesor trailer
registration number.
5.16.050. LICENSE - INSPECTION.
Any person engaging in the business of peddling, temporary merchant or mobile vending,
as defined in this chapter, who has obtained a license therefor from the Director, shall on
demand by any police officer or business and occupations tax license official forthwith
produce the same for inspection.
Page 3 of 4
BMC 5.16 Temporary Merchants, Peddlers
and Mobile Food Vendors
5.16.060. SPECIAL CONDITIONS - MOBILE FOOD VENDORS.
(a) Vendors from mobile units shall not use radios or any other sound devices to
attract public attention unless in accordance with Chapter 6.32 BMC.
(b) A receptacle of adequate size shall be provided on such unit for the deposit
of refuse.
(c) The owner or operator of such mobile food vending unit shall fully comply
with any and all federal, state and City laws regarding the purity of such
food and the cleanliness of such unit.
(d) A certificate of insurance naming the City as additional insured for general liability
coverage and evidencing proof of automobile liability coverage shall be provided
before license issuance and subsequently kept current.
(1) The minimum general liability coverage shall be five hundred thousand
dollars ($500,000) combined single limit bodily injury and property
damage and shall include products liability.
(2) The minimum automobile liability coverage shall be five hundred
thousand dollars ($500,000) combined single limit per accident for bodily
injury and property damage.
(e)(d) Vending shall occur only on the curbside of the vehicle and shall not impede
adjacent parking stalls if conducting business on a City right-of-way.
(f)(e) Customer lines for service shall not impede pedestrian traffic nor shall they
encroach into the roadway or interfere with vehicular traffic.
(g)(f) Mobile vending units shall not park in locations that will create site distance
problems for traveling motorists.
(h)(g) No signs are allowed on areas adjacent to or outside the mobile vending unit. Signs
are allowed on the immediate structure of the mobile vending unit.
(i)(h) Vendors shall obey all traffic laws and will comply with the Bremerton Municipal
Code.
5.16.070. INSURANCE REQUIREMENTS.
A certificate of insurance evidencing general liability coverage with limits of not less than
$1,000,000 per occurrence, including products/completed operations coverage if food or beverages
are being sold, shall be provided prior to issuance of a permit. An endorsement naming the City of
Bremerton as an additional insured shall also be provided. Automobile liability insurance with a
minimum combined single limit of $1,000,000 per accident for bodily injury and property damage
shall be provided if vehicles are operated on City property.
SECTION 2. 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 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
Page 4 of 4
BMC 5.16 Temporary Merchants, Peddlers
and Mobile Food Vendors
SECTION 4. 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 J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2026.
EFFECTIVE the ________ day of ______________________, 2026.
ORDINANCE NO. ________.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 10/14/26
Confirm Appointment of Matthew Baptiste-
Cerra to the Parks & Recreation
Commission
COUNCIL MEETING Date: 10/21/2026
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Matthew Baptiste-Cerra to the
Parks & Recreation Commission. The new term expires October 21, 2029.
ATTACHMENTS: Volunteer application
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Matthew Baptiste-Cerra to the Parks & Recreation Commission
with a term end date of October 21, 2029.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B3
Application for City Boards / Commissions / Committee
Date 12/22/2025
First Name Damian
Middle Name Matthew
Last Name Baptiste-Cerra
Home Phone
Address1
Address2 Field not completed.
City Bremerton
State WA
Zip 98312
Occupation Education
Employer Clover Park School District
Work Address1 8102 Phillips Rd SW,, WA 98498
Work Address2 Field not completed.
City Lakewood
State wa
Zip 98498
Work Phone
Fax Field not completed.
Email
Bachelors of Sociology, Masters in Education with Adult
Education Education and Training focus on ESL, Curriculum and Instruction
focus on Process Improvement, Currently in EdD Program
Local References Jane Rabalowski
I am interested in
serving:
Parks and Recreation Commission, Tree Committee
Is this an application
for reappointment?
No
How long have you
lived in Bremerton
2.5 years
Why are you applying
for this appointment?
I have a lot of ideas for and interest in helping improve our city
parks to improve our city. These open spaces are a vital
connection for our community to interact and relax.
Which of your personal
and / or professional
interests prompted you
to apply for this
appointment?
I am interested in the development of open spaces to develop
community building activities, and provide safe areas for families
to spend their time in.
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):
Project Planning, Environmental Research, city planning, public
speaking
What are your
community interests
(committee,
organizations, special
activities)?
I am also involved in the Charleston Business District
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: October 14, 2026
Ordinance establishing Section 11.18.080
of the Bremerton Municipal Code entitled
“Honorary Naming of Public Streets”
COUNCIL MEETING Date: October 21, 2026
Department: Legal
Presenter: Kylie Finnell
Phone: (360) 473-2345
SUMMARY: Presenting an ordinance establishing BMC 11.18.080 governing Bremerton resident-
initiated honorary public street name designations.
The ordinance was composed following discussions at the May 19, 2026, Public Works Committee
meeting and the May 27, 2026, City Council Study Session.
After the August 19, 2026, City Council Business meeting, the ordinance was requested to be
brought to council for consideration.
This ordinance establishes procedure for honorary naming of public streets.
ATTACHMENTS:
Ordinance No. _____Establishing BMC 11.18.080 entitled “Honorary Naming of Public Streets.”
FISCAL IMPACTS (Include Budgeted Amount):
None
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to adopt Ordinance No. _____ establishing section 11.18.080 of the Bremerton Municipal Code
entitled “Honorary Naming of Public Streets”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B4
Page 1 of 4
BMC 11.18.080
HONORARY NAMING OF
PUBLIC STREETS
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, establishing Section 11.18.080 of the
Bremerton Municipal Code entitled “Honorary Naming of Public
Streets.”
WHEREAS, the City Council desires to establish a policy for honorary naming of
public streets to commemorate figures, places, and events of significance to the community, and
WHEREAS, the City Council desires to establish a fair, accessible, and
transparent process for application, consideration, and implementation of honorary naming
proposals; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.18.080 of the Bremerton Municipal Code entitled
"Honorary Naming of Public Streets" is hereby established as follows:
11.18.080 HONORARY NAMING OF PUBLIC STREETS
(a) Purpose. The purpose of this code section is to establish a process for honorary
naming of public streets within the City of Bremerton.
(b) Scope. This code section shall apply to all public rights of way and portions of
real property that serve as public streets, whether improved or unimproved.
(c) Procedure. Honorary street naming proposals may be submitted by any Bremerton
resident or City official. Proposals must meet the criteria outlined in the provisions of this
chapter.
(1) The proposal shall be made in writing to the Public Works & Utilities
Department and include:
(i) A signed petition in support of the name change solicited and
submitted by the proponent of the street name change prior to consideration by the City of seventy-
five percent (75%) of property owners on the street or affected section of the street.
(ii) A map of any existing area, street or section of street affected by the
proposal;
(iii) An overview of any public engagement or support received for the
proposal;
Page 2 of 4
BMC 11.18.080
HONORARY NAMING OF
PUBLIC STREETS
(iv) A statement demonstrating that the proposed name meets the criteria
established in this chapter.
(2) The Public Works & Utilities Department, upon receipt, shall review the
proposal for completeness, make a determination of whether the provisions of this chapter have
been met, and coordinate additional review with other departments and agencies as necessary
based on the request.
(3) The Public Works & Utilities Department shall provide the proposal and
any staff comments to the Public Works Committee for consideration. The Public Works
Committee shall then share its recommendation with City Council.
(4) Upon receiving a recommendation from the Public Works Committee, City
Council will schedule a public hearing to receive public comment on the proposal and
recommendation. Following the public hearing, there shall be a mandatory 90-day comment
period. After the close of the comment period, the Council shall review any written comments If
additional information is required, the City Council shall describe to the proponent what
information is needed to complete the request. Upon gathering further information, the Council
may schedule another public hearing.
(5) The City Council will consider all complete proposals that meet the
requirements of this chapter, but the City Council is under no obligation to approve or deny any
proposal. After reviewing written comments received during the comment period and comments
received during public hearings, the City Council shall take action by Resolution approving or
denying the proposal. Factors for Council consideration include, but are not limited to, the
following:
(i) Whether the proposed name relates to or reflects the history, or
natural or geological features of the location where the renaming is proposed;
(ii) Whether the proposed name is associated with the life of a person
of citywide significance in Bremerton currently and in the past;
(iii) Whether the person associated with the proposed name has been
honored and recognized in other public spaces;
(iv) Whether the proposed name is related to an existing or proposed
registered historic property or district;
(v) Whether the street has received an honorary designation before;
(vi) Whether the proposed name would result in, or be perceived to
confer, any competitive advantage, benefit or preferential treatment or advertisement to the
named party, or a product, service or a particular business;
Page 3 of 4
BMC 11.18.080
HONORARY NAMING OF
PUBLIC STREETS
(vii) Whether the proposed name would be perceived to be
discriminatory or derogatory of race, color, ethnic origin, gender identity or expression, sex,
sexual orientation, creed, political affiliation, disability;
(viii) Whether the proposed name would result in inappropriate
abbreviations or acronyms;
(ix) Whether there is evidence of broad and substantial support in the
Bremerton community for renaming the street; and
(x) Whether the honorary street name will create a hardship for
residents and businesses located on the street.
(6) Upon approval of the honorary naming action by the City Council,
designated staff shall inform the following stakeholders of the outcome, at minimum: CENCOM,
U.S. Postal Service, Kitsap Transit, Bremerton Police Department, and the Brem erton Fire
Department. In the event of approved honorary naming that requires new or replaced name
signs, the Public Works & Utilities Department shall create and place new name signs pursuant
to the City of Bremerton public works sign standards. All costs associated with any honorary
street designation shall be the sole responsibility of the proponents, including the costs associated
with production of signs and their installation.
(d) Official Street Naming. Official renaming of a public street is a significant event
which can affect addressing, impose costs to street residents and public agencies, and pose public
safety risks. Official street renaming is permissible only when necessary to change a street name
that does not meet the criteria outlined in BMC 11.18.070.
SECTION 2. 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 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 4. 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.
Page 4 of 4
BMC 11.18.080
HONORARY NAMING OF
PUBLIC STREETS
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
JANE REBELOWSKI, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 14, 2026
Request for Salary Adjustment for Lauren
Ellington pursuant to Bremerton Municipal
Code Section 2.50.032(b)(2)
COUNCIL MEETING Date: October 21, 2026
Department: Finance Administration
Presenter: Michael Riley
Phone: (360) 473-5303
SUMMARY: Over the evaluation period, Lauren Ellington consistently performed at a level exceeding
expectations in her role as Assistant Director of Finance and Administration. She has demonstrated
exceptional technical knowledge, judgment, dependability, leadership, and commitment to the City,
while successfully managing complex financial reporting responsibilities and extraordinary workload
demands.
Lauren’s performance evaluation specifically documents that the time and effort required to complete
her work was well above and beyond reasonable expectations, while also recognizing her
professionalism, ownership, reliability, technical expertise, and ability to support and lead her team
under significant pressure. Her overall performance rating was Exceeds Expectations, qualifying her
for consideration of an additional salary-rate advancement under BMC 2.50.032(b)(2).
The requested additional salary step recognizes Lauren’s sustained high-level performance,
leadership, integrity, and significant contributions to the Finance Department and the City. This
approach is consistent with the City’s prior use of BMC 2.50.032(b)(2), under which employees
whose performance exceeds “meets expectations” may receive an additional salary-rate
advancement upon recommendation of the department head and approval of the Mayor and City
Council.
ATTACHMENTS: 1) Memo to Mayor; 2) Management, Professional, Confidential & Fiduciary Salary
Plan; and 3) BMC 2.50.032
FISCAL IMPACTS (Include Budgeted Amount): The impact is an additional $4,232 to the annual
salary/benefit costs for Management and Professional Band
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve request for salary adjustment for Lauren Ellington pursuant to BMC 2.50.032(b)(2)
from management and Professional Band 16, Rate 4 to Rate 5
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B5
MEMORANDUM
TO: Mayor Wheeler
FROM: Michael Riley, Director of Finance and Administration
DATE: 10/01/2026
SUBJECT: Request for Salary Adjustment for Lauren Ellington Pursuant to BMC
2.50.032(b)(2)
I am writing to formally recommend a salary rate advancement for Lauren Ellington pursuant to
BMC 2.50.032(b)(2), based on her exceptional performance, sustained leadership, extraordinary
workload demands, and significant contributions to the City’s financial operations.
Over the evaluation period, Lauren consistently performed above the normal expectations of her
position as Assistant Director of Finance and Administration. Her annual performance evaluation
documents a high level of achievement across quality of work, dependability, communication,
job knowledge, judgment, and professionalism, resulting in an overall rating of Exceeds
Expectations.
Lauren has demonstrated sustained excellence in several key areas:
• Completion of the 2023 and 2024 Annual Comprehensive Financial Reports: Lauren
successfully led completion of both the 2023 and 2024 ACFRs simultaneously due to
staff turnover. Lauren led the preparation of the 2024 financial statements and ensured
the report was filed by the May 30 deadline. Her leadership, attention to detail, and work
ethic contributed to the City receiving a clean opinion on the financial statements with no
significant reporting errors identified.
• Extraordinary Commitment and Dependability: The workload associated with
completing the two ACFRs required significantly long hours and effort that was
specifically identified in Lauren’s evaluation as well above and beyond reasonable
expectations. Despite the extraordinary workload and compressed timeline, Lauren
demonstrated professionalism, ownership, and a strong commitment to completing the
work successfully. She consistently follows through on critical deadlines and can be
relied upon to address challenges, support her team, and ensure necessary work is
completed.
• Technical and Financial Expertise: Lauren demonstrates a strong and comprehensive
understanding of the City’s financial operations, including day-to-day financial activities,
monthly reporting, ACFR preparation, GASB standards, and Washington State BARS
requirements. She is able to research complex issues, interpret applicable guidance, and
develop accurate and well-supported conclusions. Her technical expertise makes her a
valuable resource to both her team and the broader organization.
• Accuracy and Process Improvement: Lauren consistently produces high-quality,
accurate, and professional work. Laurn introduced formula driven automated processes in
the development of the ACFR and other applications where possible rather than manually
rekeying information, reducing the opportunity for errors and improving consistency. Her
emphasis on reconciliation and supporting documentation further demonstrates her
commitment to accurate and reliable financial reporting.
Lauren’s contributions have had a direct and meaningful impact on the Finance Department and
the City. Her ability to remain focused under substantial pressure, maintain high standards, and
provide accurate and timely financial information has made her a trusted and valued member of
the organization.
Her successful leadership through the completion of two ACFR cycles under unusually difficult
circumstances demonstrates not only technical capability, but also the level of commitment,
dependability, and leadership necessary to maintain continuity of the City’s financial reporting
obligations.
BMC 2.50.032(b)(2) provides that an employee whose performance exceeds the rating of “meets
expectations” may be eligible for an additional salary rate advancement of one additional rate
within the same salary band, subject to recommendation by the department head and approval by
the Mayor and City Council.
Lauren received an overall performance rating of Exceeds Expectations, and her evaluation
contains substantial documentation supporting that rating. Based on her sustained performance,
extraordinary effort, technical expertise, leadership, integrity, and contributions to the City,
Lauren clearly qualifies for consideration for an additional salary rate advancement under BMC
2.50.032(b)(2).
I respectfully request your support for advancing Lauren by an additional salary rate pursuant to
BMC 2.50.032(b)(2). Her performance throughout the evaluation period reflects a level of
contribution beyond the standard expectations of her position, and I believe this adjustment
appropriately recognizes the significant value she provides to the Department of Finance and
Administration and the City.
Thank you for your time and consideration.
Sincerely,
Michael Riley
Director of Finance and Administration
City of Bremerton
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
26 MONTH 15,997.82 16,807.78 17,227.96 17,658.64 18,100.14 18,552.64 19,016.46 19,491.88
SEMI-MONTH 7,998.91 8,403.89 8,613.98 8,829.32 9,050.07 9,276.32 9,508.23 9,745.94
ANNUAL 191,973.84 201,693.36 206,735.52 211,903.68 217,201.68 222,631.68 228,197.52 233,902.56
SEMI-MO DEF COMP 319.96 336.16 344.56 353.17 362.00 371.05 380.33 389.84
25 MONTH 15,226.98 15,997.82 16,397.92 16,807.78 17,227.96 17,658.64 18,100.14 18,552.64
SEMI-MONTH 7,613.49 7,998.91 8,198.96 8,403.89 8,613.98 8,829.32 9,050.07 9,276.32
ANNUAL 182,723.76 191,973.84 196,775.04 201,693.36 206,735.52 211,903.68 217,201.68 222,631.68
SEMI-MO DEF COMP 304.54 319.96 327.96 336.16 344.56 353.17 362.00 371.05
24 MONTH 14,493.22 15,226.98 15,607.60 15,997.82 16,397.92 16,807.78 17,227.96 17,658.64
SEMI-MONTH 7,246.61 7,613.49 7,803.80 7,998.91 8,198.96 8,403.89 8,613.98 8,829.32
ANNUAL 173,918.64 182,723.76 187,291.20 191,973.84 196,775.04 201,693.36 206,735.52 211,903.68
SEMI-MO DEF COMP 289.86 304.54 312.15 319.96 327.96 336.16 344.56 353.17
23 CITY ATTORNEY MONTH 13,794.94 14,493.22 14,855.62 15,226.98 15,607.60 15,997.82 16,397.92 16,807.78
FIRE CHIEF SEMI-MONTH 6,897.47 7,246.61 7,427.81 7,613.49 7,803.80 7,998.91 8,198.96 8,403.89
POLICE CHIEF ANNUAL 165,539.28 173,918.64 178,267.44 182,723.76 187,291.20 191,973.84 196,775.04 201,693.36
SEMI-MO DEF COMP 275.90 289.86 297.11 304.54 312.15 319.96 327.96 336.16
22 ASSISTANT FIRE CHIEF MONTH 13,130.18 13,794.94 14,139.80 14,493.22 14,855.62 15,226.98 15,607.60 15,997.82
DIRECTOR OF FINANCIAL SERVICES SEMI-MONTH 6,565.09 6,897.47 7,069.90 7,246.61 7,427.81 7,613.49 7,803.80 7,998.91
DIRECTOR OF PUBLIC WORKS & UTILITIES ANNUAL 157,562.16 165,539.28 169,677.60 173,918.64 178,267.44 182,723.76 187,291.20 191,973.84
SEMI-MO DEF COMP 262.60 275.90 282.80 289.86 297.11 304.54 312.15 319.96
21 DIRECTOR OF COMMUNITY DEVELOPMENT MONTH 12,497.52 13,130.18 13,458.44 13,794.94 14,139.80 14,493.22 14,855.62 15,226.98
DIRECTOR OF HUMAN RESOURCES SEMI-MONTH 6,248.76 6,565.09 6,729.22 6,897.47 7,069.90 7,246.61 7,427.81 7,613.49
ANNUAL 149,970.24 157,562.16 161,501.28 165,539.28 169,677.60 173,918.64 178,267.44 182,723.76
SEMI-MO DEF COMP 249.95 262.60 269.17 275.90 282.80 289.86 297.11 304.54
20 CITY ENGINEER MONTH 11,895.38 12,497.52 12,809.94 13,130.18 13,458.44 13,794.94 14,139.80 14,493.22
DIRECTOR OF PARKS & RECREATION SEMI-MONTH 5,947.69 6,248.76 6,404.97 6,565.09 6,729.22 6,897.47 7,069.90 7,246.61
ANNUAL 142,744.56 149,970.24 153,719.28 157,562.16 161,501.28 165,539.28 169,677.60 173,918.64
SEMI-MO DEF COMP 237.91 249.95 256.20 262.60 269.17 275.90 282.80 289.86
19 MONTH 11,322.16 11,895.38 12,192.74 12,497.52 12,809.94 13,130.18 13,458.44 13,794.94
SEMI-MONTH 5,661.08 5,947.69 6,096.37 6,248.76 6,404.97 6,565.09 6,729.22 6,897.47
ANNUAL 135,865.92 142,744.56 146,312.88 149,970.24 153,719.28 157,562.16 161,501.28 165,539.28
SEMI-MO DEF COMP 226.44 237.91 243.85 249.95 256.20 262.60 269.17 275.90
18 ASSISTANT CITY ATTORNEY III MONTH 10,776.58 11,322.16 11,605.18 11,895.38 12,192.74 12,497.52 12,809.94 13,130.18
HUMAN RESOURCE MANAGER SEMI-MONTH 5,388.29 5,661.08 5,802.59 5,947.69 6,096.37 6,248.76 6,404.97 6,565.09
INFORMATION TECHNOLOGY MANAGER ANNUAL 129,318.96 135,865.92 139,262.16 142,744.56 146,312.88 149,970.24 153,719.28 157,562.16
MANAGING ENGINEER - DEVELOPMENT SEMI-MO DEF COMP 215.53 226.44 232.10 237.91 243.85 249.95 256.20 262.60
MANAGING ENGINEER - TRANSPORTATION
MANAGING ENGINEER - UTILITIES
17 CITY AUDITOR MONTH 10,257.34 10,776.58 11,045.98 11,322.16 11,605.18 11,895.38 12,192.74 12,497.52
SEMI-MONTH 5,128.67 5,388.29 5,522.99 5,661.08 5,802.59 5,947.69 6,096.37 6,248.76
ANNUAL 123,088.08 129,318.96 132,551.76 135,865.92 139,262.16 142,744.56 146,312.88 149,970.24
SEMI-MO DEF COMP 205.15 215.53 220.92 226.44 232.10 237.91 243.85 249.95
CITY OF BREMERTON
MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2026
General Wage Adjustment 2.7% - Effective 1-1-26
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
CITY OF BREMERTON
MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2026
General Wage Adjustment 2.7% - Effective 1-1-26
16 ASSISTANT CITY ATTORNEY II MONTH 9,763.10 10,257.34 10,513.72 10,776.58 11,045.98 11,322.16 11,605.18 11,895.38
ASSISTANT FINANCE DIRECTOR SEMI-MONTH 4,881.55 5,128.67 5,256.86 5,388.29 5,522.99 5,661.08 5,802.59 5,947.69
CITY PROSECUTOR ANNUAL 117,157.20 123,088.08 126,164.64 129,318.96 132,551.76 135,865.92 139,262.16 142,744.56
ENGINEERING PROJECT MANAGER-CAPITAL SEMI-MO DEF COMP 195.26 205.15 210.27 215.53 220.92 226.44 232.10 237.91
ENGINEERING PROJECT MANAGER-TRANS.
FORESTRY MANAGER
INTERNAL SERVICES MANAGER
PLANNING MANAGER
PUBLIC WORKS OPERATIONS MANAGER
RISK MANAGER
UTILITY/FACILITIES MANAGER
WASTEWATER MANAGER
WATER RESOURCE MANAGER
15 ASSET MANAGER MONTH 9,292.62 9,763.10 10,007.18 10,257.34 10,513.72 10,776.58 11,045.98 11,322.16
BUILDING OFFICIAL SEMI-MONTH 4,646.31 4,881.55 5,003.59 5,128.67 5,256.86 5,388.29 5,522.99 5,661.08
COURT ADMINISTRATOR ANNUAL 111,511.44 117,157.20 120,086.16 123,088.08 126,164.64 129,318.96 132,551.76 135,865.92
STORMWATER PROGRAM MANAGER SEMI-MO DEF COMP 185.85 195.26 200.14 205.15 210.27 215.53 220.92 226.44
14 ASSISTANT CITY ATTORNEY I MONTH 8,844.90 9,292.62 9,524.94 9,763.10 10,007.18 10,257.34 10,513.72 10,776.58
ASSISTANT CITY PROSECUTOR II SEMI-MONTH 4,422.45 4,646.31 4,762.47 4,881.55 5,003.59 5,128.67 5,256.86 5,388.29
EQUITY, DIVERSITY, INCLUS MANAGER ANNUAL 106,138.80 111,511.44 114,299.28 117,157.20 120,086.16 123,088.08 126,164.64 129,318.96
PARKS OPERATIONS MANAGER SEMI-MO DEF COMP 176.90 185.85 190.50 195.26 200.14 205.15 210.27 215.53
PW&U FINANCIAL MANAGER
13 CITY CLERK MONTH 8,418.66 8,844.90 9,065.96 9,292.62 9,524.94 9,763.10 10,007.18 10,257.34
SEMI-MONTH 4,209.33 4,422.45 4,532.98 4,646.31 4,762.47 4,881.55 5,003.59 5,128.67
ANNUAL 101,023.92 106,138.80 108,791.52 111,511.44 114,299.28 117,157.20 120,086.16 123,088.08
SEMI-MO DEF COMP 168.37 176.90 181.32 185.85 190.50 195.26 200.14 205.15
12 BUDGET ANALYST MONTH 8,013.04 8,418.66 8,629.16 8,844.90 9,065.96 9,292.62 9,524.94 9,763.10
CDBG ADMINISTRATOR SEMI-MONTH 4,006.52 4,209.33 4,314.58 4,422.45 4,532.98 4,646.31 4,762.47 4,881.55
RISK MANAGEMENT SPECIALIST ANNUAL 96,156.48 101,023.92 103,549.92 106,138.80 108,791.52 111,511.44 114,299.28 117,157.20
ADMINISTRATIVE PROJECT MANAGER SEMI-MO DEF COMP 160.26 168.37 172.58 176.90 181.32 185.85 190.50 195.26
11 CONTRACTS ADMINISTRATOR MONTH 7,863.68 8,013.04 8,213.26 8,418.66 8,629.16 8,844.90 9,065.96 9,292.62
EXECUTIVE ASSISTANT SEMI-MONTH 3,931.84 4,006.52 4,106.63 4,209.33 4,314.58 4,422.45 4,532.98 4,646.31
LEGISLATIVE ASSISTANT ANNUAL 94,364.16 96,156.48 98,559.12 101,023.92 103,549.92 106,138.80 108,791.52 111,511.44
PARALEGAL SEMI-MO DEF COMP 157.27 160.26 164.27 168.37 172.58 176.90 181.32 185.85
PARKS PRESERVATION DEVELOPMENT MGR
PUBLIC ACCESS MANAGER
PUBLIC WORKS & UTILITY FISCAL ANALYST
SENIOR PLANNER
10 ASSISTANT CITY PROSECUTOR I MONTH 7,259.38 7,626.94 7,817.60 8,013.04 8,213.26 8,418.66 8,629.16 8,844.90
ASSISTANT COURT ADMINISTRATOR SEMI-MONTH 3,629.69 3,813.47 3,908.80 4,006.52 4,106.63 4,209.33 4,314.58 4,422.45
HUMAN RESOURCES ANALYST II ANNUAL 87,112.56 91,523.28 93,811.20 96,156.48 98,559.12 101,023.92 103,549.92 106,138.80
SEMI-MO DEF COMP 145.19 152.54 156.35 160.26 164.27 168.37 172.58 176.90
9 MONTH 6,909.58 7,259.38 7,440.88 7,626.94 7,817.60 8,013.04 8,213.26 8,418.66
SEMI-MONTH 3,454.79 3,629.69 3,720.44 3,813.47 3,908.80 4,006.52 4,106.63 4,209.33
ANNUAL 82,914.96 87,112.56 89,290.56 91,523.28 93,811.20 96,156.48 98,559.12 101,023.92
SEMI-MO DEF COMP 138.19 145.19 148.82 152.54 156.35 160.26 164.27 168.37
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
CITY OF BREMERTON
MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2026
General Wage Adjustment 2.7% - Effective 1-1-26
8 BKAT PRODUCTION ADMINISTRATOR MONTH 6,576.66 6,909.58 7,082.28 7,259.38 7,440.88 7,626.94 7,817.60 8,013.04
COUNCIL/AUDITOR ASSISTANT SEMI-MONTH 3,288.33 3,454.79 3,541.14 3,629.69 3,720.44 3,813.47 3,908.80 4,006.52
HUMAN RESOURCES ANALYST I ANNUAL 78,919.92 82,914.96 84,987.36 87,112.56 89,290.56 91,523.28 93,811.20 96,156.48
SEMI-MO DEF COMP 131.53 138.19 141.65 145.19 148.82 152.54 156.35 160.26
7 MONTH 6,259.66 6,576.66 6,741.04 6,909.58 7,082.28 7,259.38 7,440.88 7,626.94
SEMI-MONTH 3,129.83 3,288.33 3,370.52 3,454.79 3,541.14 3,629.69 3,720.44 3,813.47
ANNUAL 75,115.92 78,919.92 80,892.48 82,914.96 84,987.36 87,112.56 89,290.56 91,523.28
SEMI-MO DEF COMP 125.19 131.53 134.82 138.19 141.65 145.19 148.82 152.54
6 MONTH 5,958.06 6,259.66 6,416.24 6,576.66 6,741.04 6,909.58 7,082.28 7,259.38
SEMI-MONTH 2,979.03 3,129.83 3,208.12 3,288.33 3,370.52 3,454.79 3,541.14 3,629.69
ANNUAL 71,496.72 75,115.92 76,994.88 78,919.92 80,892.48 82,914.96 84,987.36 87,112.56
SEMI-MO DEF COMP 119.16 125.19 128.32 131.53 134.82 138.19 141.65 145.19
5 LEGAL ASSISTANT II - CIVIL MONTH 5,671.04 5,958.06 6,107.10 6,259.66 6,416.24 6,576.66 6,741.04 6,909.58
LEGAL ASSISTANT II - PROSECUTION SEMI-MONTH 2,835.52 2,979.03 3,053.55 3,129.83 3,208.12 3,288.33 3,370.52 3,454.79
ANNUAL 68,052.48 71,496.72 73,285.20 75,115.92 76,994.88 78,919.92 80,892.48 82,914.96
SEMI-MO DEF COMP 113.42 119.16 122.14 125.19 128.32 131.53 134.82 138.19
4 LEGAL ASSISTANT I MONTH 5,397.70 5,671.04 5,812.78 5,958.06 6,107.10 6,259.66 6,416.24 6,576.66
PUBLIC RECORDS/LEGAL ASSISTANT I SEMI-MONTH 2,698.85 2,835.52 2,906.39 2,979.03 3,053.55 3,129.83 3,208.12 3,288.33
ANNUAL 64,772.40 68,052.48 69,753.36 71,496.72 73,285.20 75,115.92 76,994.88 78,919.92
SEMI-MO DEF COMP 107.95 113.42 116.26 119.16 122.14 125.19 128.32 131.53
3 MONTH 5,140.74 5,397.70 5,532.72 5,671.04 5,812.78 5,958.06 6,107.10 6,259.66
SEMI-MONTH 2,570.37 2,698.85 2,766.36 2,835.52 2,906.39 2,979.03 3,053.55 3,129.83
ANNUAL 61,688.88 64,772.40 66,392.64 68,052.48 69,753.36 71,496.72 73,285.20 75,115.92
SEMI-MO DEF COMP 102.81 107.95 110.65 113.42 116.26 119.16 122.14 125.19
2 MONTH 4,895.98 5,140.74 5,269.24 5,397.70 5,532.72 5,671.04 5,812.78 5,958.06
SEMI-MONTH 2,447.99 2,570.37 2,634.62 2,698.85 2,766.36 2,835.52 2,906.39 2,979.03
ANNUAL 58,751.76 61,688.88 63,230.88 64,772.40 66,392.64 68,052.48 69,753.36 71,496.72
SEMI-MO DEF COMP 97.92 102.81 105.38 107.95 110.65 113.42 116.26 119.16
1 VIDEO SPECIALIST MONTH 4,662.80 4,895.98 5,018.34 5,140.74 5,269.24 5,397.70 5,532.72 5,671.04
SEMI-MONTH 2,331.40 2,447.99 2,509.17 2,570.37 2,634.62 2,698.85 2,766.36 2,835.52
ANNUAL 55,953.60 58,751.76 60,220.08 61,688.88 63,230.88 64,772.40 66,392.64 68,052.48
SEMI-MO DEF COMP 93.26 97.92 100.37 102.81 105.38 107.95 110.65 113.42