Chapter 22.100
INTRODUCTION
Sections:
22.100.110 Purpose and intent.
22.100.115 Adoption authority.
22.100.120 Applicability (including legally existing uses, structures and lots).
22.100.125 Relationship to other plans and regulations.
22.100.130 Governing principles.
22.100.135 Liberal construction.
22.100.105 Title.
The goals, policies and regulations herein shall be known as the Kitsap County shoreline master program, and may be referred to as the “master program” or the “program.”
(Ord. 598 (2021) § 4 (Appx. 1), 2021)
22.100.110 Purpose and intent.
The Kitsap County Comprehensive Plan explains that Kitsap County’s shorelines provide valuable habitat for fish and wildlife, economic diversity, and recreational opportunities used by all residents without exclusion. Kitsap County fully recognizes tribal treaty rights and usual and accustomed harvest areas. Shorelines play an important role in enhancing the quality of life for our county’s citizens. Therefore, the purpose of the master program is to guide the future development of the shorelines in Kitsap County in a manner consistent with the Shoreline Management Act of 1971, hereinafter the “Act.” The Act and this program comprise the basic state and county law regulating use of shorelines in the county.
(Ord. 598 (2021) § 4 (Appx. 1), 2021)
22.100.115 Adoption authority.
This master program is adopted pursuant to the authority granted under the Shoreline Management Act of 1971, Chapter 90.58 RCW and Chapter 173-26 WAC.
(Ord. 598 (2021) § 4 (Appx. 1), 2021)
22.100.120 Applicability (including legally existing uses, structures and lots).
A. Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Act and this master program whether or not a permit is required. This master program applies to every person, firm, corporation, government agency, or department who or which:
1. Proposes any new use, activity, development or structure within the unincorporated area of Kitsap County subject to the Act, as now or hereafter amended; or
2. Proposes a change, modification, addition or alteration to an existing use, activity, development or structure within the unincorporated area of Kitsap County subject to the Act, as now or hereafter amended.
B. Development Not Required to Obtain Shoreline Permits or Local Reviews. 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 70A.305 RCW, or to the Washington State Department of Ecology when it conducts a remedial action under Chapter 70A.305 RCW is not required to obtain shoreline permits or review.
2. Existing boatyard stormwater improvements. Pursuant to RCW 90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit is not required to obtain shoreline permits or review.
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 shoreline permits or 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.
6. Projects on shorelands that are under the exclusive federal jurisdiction as established through federal or state statutes, e.g., military bases, national parks, and tribal trust lands. However, projects on nonfederal shorelands lying within the exterior boundaries of federal lands and those shorelands leased to other persons, remain subject to this master program pursuant to WAC 173-22-070.
C. Direct federal agency activities affecting the uses or resources subject to the Act must be consistent to the maximum extent practicable with the enforceable provisions of the Act and with this master program as required by WAC 173-27-060.
D. This master program shall apply to all unincorporated urban lands until such time as a city meets the requirements of WAC 173-26-150 or 173-26-160 for predesignation of urban growth areas (UGAs) or amends its master program as appropriate.
(Ord. 598 (2021) § 4 (Appx. 1), 2021)
22.100.125 Relationship to other plans and regulations.
A. Uses, developments, and activities regulated by the master program may be independently subject to the Kitsap County Comprehensive Plan, the Washington State Environmental Policy Act, the Kitsap County Code (KCC) Zoning (Title 17), Environment (Title 18), the critical areas ordinance (Title 19), and various other provisions of federal, state, and county laws. The applicant must comply with all applicable laws prior to commencing any use, development, or activity.
B. Should a conflict occur between the provisions of this program or between this program and the laws, regulations, codes or rules promulgated by any other authority having jurisdiction within Kitsap County, the more restrictive requirements shall apply, except when constrained by federal or state law, or where specifically provided otherwise in this program.
C. When achieved in accordance with Title 17 (Zoning), building and lot dimension flexibility may be allowed on shorelines within urban areas or limited areas of more intensive rural development (LAMIRDs) when consistent with the Act and all other applicable requirements of this program, including the requirement to achieve no net loss of shoreline ecological functions.
Further, in order to preclude fragmentation of review and the necessity for individual shoreline permits, a combined shoreline permit is encouraged for proposed activities within the shoreline jurisdiction where feasible.
D. Consistent with RCW 36.70A.480, the goals and policies of this master program approved under Chapter 90.58 RCW shall be considered an element of the county’s Comprehensive Plan, including Chapter 22.300 (General Goals and Policies). All regulatory elements of this program, including but not limited to Chapter 22.100 (Introduction), Chapter 22.150 (Definitions), Chapter 22.200 (Shoreline Jurisdiction and Environment Designation), Chapter 22.400 (General Regulations), Chapter 22.500 (Permit Provisions, Review and Enforcement), Chapter 22.600 (Shoreline Use and Modification Development Standards), Chapter 22.700 (Special Reports), and Chapter 22.800, Appendix A (Shoreline Environment Designations Map), Appendix B (Mitigation Options to Achieve No Net Loss for New or Re-Development Activities), Appendix D (Channel Migration Zone Maps) and Appendix F (List of Shoreline Water Bodies), shall be considered a part of the county’s development regulations. Certain nonregulatory elements of this master program, including but not limited to Appendix C (Shoreline Restoration Plan) to the ordinance codified in this title, may be updated and amended at any time without requiring a formal master program amendment.
E. Where this program makes reference to RCW, WAC, or other state or federal law or regulation, the most recent amendment or version shall apply.
F. This program will be applied consistent with all applicable federal, state and local laws affecting tribal rights.
G. Coastal Zone Management Act consistency reviews for sites within federal jurisdiction shall apply the environment designation criteria in Chapter 22.200 that most closely correspond to the project site in order to determine applicable program policies.
(Ord. 598 (2021) § 4 (Appx. 1), 2021)
22.100.130 Governing principles.
The following governing principles, along with the policy statement of RCW 90.58.020 and the principles of Chapter 173-26 WAC, establish the basic concepts of this program:
A. Any inconsistencies between this program and the Act must be resolved in accordance with the Act.
B. The policies of this program may be achieved by diverse means, one of which is regulation. Other means authorized by the Act include, but are not limited to: acquisition of lands and/or easements by purchase or gift, incentive programs, and implementation of capital facility and/or nonstructural programs.
C. Protecting the shoreline environment is an essential statewide policy goal. Permitted and/or exempt development, actions taken prior to the Act’s adoption, and/or unregulated activities can impair shoreline ecological processes and functions. This program protects shoreline ecology from such impairments in the following ways:
1. By using a process that identifies, inventories, and ensures meaningful understanding of current and potential ecological functions provided by shorelines.
2. By including policies and regulations that require mitigation of significant adverse impacts in a manner that ensures no net loss of shoreline ecological functions. The required mitigation shall include avoidance, minimization, and compensation of impacts in accordance with the policies and regulations for mitigation sequencing. This program and any future amendment hereto shall ensure no net loss of shoreline ecological functions and processes on a programmatic basis in accordance with the baseline functions present as of the date of adoption of this program.
3. By including policies and regulations that ensure that the cumulative effect of exempt development will not cause a net loss of shoreline ecological functions, and by fairly allocating the burden of addressing such impacts among development opportunities.
4. By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such opportunities have been identified, consistent with the Shoreline Restoration Plan (Appendix C to the ordinance codified in this title) developed by Kitsap County.
D. Regulation of private property to implement program goals, such as public access and protection of ecological functions and processes, must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to, the protections afforded by the federal and state constitutions, and federal, state and local laws.
E. Regulatory or administrative actions contained herein must be implemented with consideration to the public trust doctrine, regulatory takings, and other applicable legal principles as appropriate.
F. Regulatory provisions of this program are limited to shorelines of the state, whereas the planning functions of this program may extend beyond the designated shoreline boundaries.
G. Consistent with the policy and use preferences of RCW 90.58.020, Kitsap County should balance the various policy goals of this program along with giving consideration to other relevant local, state, and federal regulatory and nonregulatory programs.
(Ord. 598 (2021) § 4 (Appx. 1), 2021)
22.100.135 Liberal construction.
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction. Therefore, the Act and this program shall be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this program were enacted and adopted, respectively.
(Ord. 598 (2021) § 4 (Appx. 1), 2021)
22.100.140 Severability.
Should any section or provision of this program be declared invalid, such decision shall not affect the validity of this program as a whole.
(Ord. 598 (2021) § 4 (Appx. 1), 2021)