Division II.
Shoreline Master Program

Chapter 20.200
Shoreline Master Program

Sections:

20.200.010    Title.

20.200.020    Authority.

20.200.025    Liberal construction.

Subchapter 1.    Goals and Objectives

20.200.030    Purpose.

20.200.040    Shoreline elements.

Subchapter 2.    General Provisions

20.200.050    Purpose.

20.200.060    Administrator.

20.200.070    Applicability.

20.200.080    Master Program review and update.

20.200.090    Amendments to Master Program.

20.200.010 Title.

This division shall be known as the City’s Shoreline Master Program, hereafter referred to as the Master Program. (Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).

20.200.020 Authority.

The Master Program is adopted in accordance with Washington State’s Shoreline Management Act, Chapter 90.58 RCW, hereinafter referred to as the SMA, and the master program guidelines adopted by the State in Chapter 173-26 WAC.

Where these regulations require that public access be provided, the requirement shall be construed to be limited to the extent of the lawful and constitutional authority of the City of Shoreline (hereinafter referred to as the City) to require public access or to require the easement, fee ownership or interest requested. (Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).

20.200.025 Liberal construction.

As provided in the SMA, this Master Program shall be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the SMA and this Master Program were enacted. (Ord. 856 § 2 (Exh. A), 2019).

 

Subchapter 1.

Goals and Objectives

20.200.030 Purpose.

The purpose of this Master Program is to:

20.200.040 Shoreline elements.

The following elements have been considered in the preparation of this Master Program for the City. The goals and objectives established for these elements provide the basis for policies and regulations included under the general use requirements of this Master Program.

ECONOMIC DEVELOPMENT ELEMENT

Goal	Provide for economically productive uses that are particularly dependent on their shoreline location or use.
Objective	Plan for economic activity that is water dependent, water related, or that provides an opportunity for a substantial number of people to enjoy the shoreline and water.

PUBLIC ACCESS ELEMENT

Goal	Increase public access to publicly owned areas of the shoreline.
Objective	Provide for public access to publicly owned shoreline areas, except where deemed inappropriate due to safety hazards, inherent security problems, environmental impacts, or conflicts with adjacent uses.

RECREATIONAL ELEMENT

Goal	Develop public and private recreation opportunities that are compatible with adjacent uses and that protect the shoreline environments.
Objective	Provide for the preservation and enlargement of public and private recreational opportunities and recreational facilities along the shoreline, including but not limited to parks and recreational areas, wherever appropriate.

CIRCULATION ELEMENT

Goal	Provide interconnected, efficient, and safe transportation networks to and around the shoreline to accommodate vehicles, transit, pedestrians, and cyclists.
Objective	Provide for a safe and adequate circulation system, including existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities within the shoreline jurisdiction that benefit permitted uses without degrading the environment or aesthetic values of the area.

SHORELINE USE ELEMENT

Goal	Regulate land use patterns to locate activity and development in areas of the shoreline that will be compatible with adjacent uses and will be sensitive to existing shoreline environments, habitat, and ecological systems.
Objective	Include protections for the natural environment and adjacent uses in this title, Point Wells Subarea Plan, Saltwater Park master planning efforts, and other regulatory framework for development along the shoreline.

CONSERVATION ELEMENT

Goal	Conserve and protect the natural resources of the shoreline including, but not limited to, scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection.
Objective	Through the use of best available science, develop and implement siting criteria, design standards, and best management practices that promote the long-term enhancement of unique shoreline features, natural resources, and fish and wildlife habitat.

HISTORICAL, CULTURAL, SCIENTIFIC, AND EDUCATIONAL ELEMENT

Goal	Identify, preserve, protect, and restore shoreline areas, buildings, and sites having historical, cultural, educational, or scientific values.
Objective	Educate citizens on historical, cultural, and scientific significance of shoreline structures, amenities, and functions.

FLOOD HAZARD MANAGEMENT

Goal	Protect the City and other property owners from losses and damage created by flooding along the coast and sea-level rise.
Objective	Seek regional solutions to flooding problems through coordinated planning with State and Federal agencies, other appropriate interests, and the public.
Objective	Develop a plan to mitigate and adapt to potentially altered environmental conditions along the coastline resulting from climate change.

RESTORATION ELEMENT

Goal	Improve water quality; reduce the impacts of flooding events; and restore natural areas, vegetation, and habitat functions.
Objective	Seek funding for restoration projects within the shoreline jurisdiction and require development proposals to address habitat restoration and water quality.
Objective	Engage in discussions with other municipalities that border the Puget Sound and BNSF railroad regarding efforts to benefit fish passage and nutrient transfer.

(Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).

 

Subchapter 2.

General Provisions

20.200.050 Purpose.

This chapter defines requirements for implementation of the Master Program and sets an orderly process for project review and permitting. The development regulations in the Master Program are intended to make shoreline development responsive to specific design needs and opportunities along the City’s shorelines, and to protect the public’s interest in the shorelines’ recreational and aesthetic values. (Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).

20.200.060 Administrator.

The Planning and Community Development Director or designee is the Shoreline Administrator, hereinafter known as the Director, and is vested with authority to:

The Director’s duties and responsibilities include:

20.200.070 Applicability.

A.    The regulations of this title apply to all areas within the shoreline jurisdiction, including shorelines of the State, shorelines of statewide significance, their associated wetlands within the City, and to the waters and underlying land of the Puget Sound extending to the middle of Puget Sound adjacent to Kitsap County, between the northern and southern limits of the City, and to shorelands that are 200 feet landward of the ordinary high water mark (OHWM).

B.    These regulations provide a preference for permit issuance for measures to protect single-family residences occupied prior to January 1, 1992. Nothing in this Master Program shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the State of Washington to the impairment of public rights of navigation, and corollary rights incidental thereto, caused by the retention and maintenance of said structures, improvements, docks, fills, or developments are hereby granted; provided, that the consent herein given shall not relate to any structures, improvements, docks, fills, or developments placed on tidelands, shorelands, or beds underlying said waters that are in trespass or in violation of State statutes.

C.    Regulation of private property to implement Master 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, civil rights guaranteed by the U.S. and State constitutions; applicable Federal and State case law; and State statutes, such as RCW 34.05.328 and 43.21C.060 and Chapter 82.02 RCW, as amended from time to time.

D.    All proposed uses and development, as defined in this division, occurring within the shoreline jurisdiction shall comply with this Master Program and the SMA, whether or not a shoreline permit is required for such use or development.

E.    Uses and development regulated by this Master Program are subject to applicable provisions of the Shoreline Municipal Code (SMC); the City of Shoreline Comprehensive Plan; the SMA and its implementing regulations; Chapters 173-26 and 173-27 WAC; Growth Management Act; Chapter 36.70 RCW; SEPA; Chapter 43.21C RCW and its implementing regulations; Chapter 197-11 WAC; and other applicable local, State, and Federal laws, as amended from time to time. Project proponents are responsible for complying with all applicable laws prior to commencing any use, development, or activity.

F.    The Master Program policies and regulations shall apply in addition to other City regulations. Where the regulations of the Master Program conflict with other regulations, the regulations that provide more shoreland and shoreline protection shall apply.

G.    Nonconforming uses and improvements within the shoreline jurisdiction shall be subject to this program and SMC 20.220.150.

H.    All critical areas that are within the shoreline jurisdiction shall be managed and regulated per this Master Program. When a critical area overlaps into the shoreline jurisdiction or is partly within and partly outside of shoreline jurisdiction, only the buffer or setback from the portion of the critical area that is outside of the shoreline jurisdiction is subject to the City’s critical area regulations, Chapter 20.80 SMC. (Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).

20.200.080 Master Program review and update.

This Master Program shall be periodically reviewed and updated as provided in the SMA and the implementing regulations in Chapter 173-26 WAC, as amended from time to time, to reflect changing local circumstances, new information or improved data, and changes in State statutes and regulations. (Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).

20.200.090 Amendments to Master Program.

Amendments shall comply with the applicable procedures set forth in the SMA and the implementing regulations in Chapter 173-26 WAC, including WAC 173-26-104, Optional Joint Review Process, as amended from time to time.

No amendment shall be effective until approved by the Department of Ecology as provided in RCW 90.58.090(7), as amended from time to time. (Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).